Minutes - 05/25/1999 - Board of TrusteesVILLAGE OF OAK BROOK Minutes MAY 25, 1999
UNOFFICIAL UNTIL APPROVED AS WRITTEN _
OR AS AMENDED _✓ BY VILLAGE BOARD ON
8. 99
1. MEETING CALL:
The Regular Meeting of the Board of Trustees was called to order by President
Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:31
p.m. Pledge of Allegiance was given.
2. ROLL CALL:
The Deputy Clerk called the roll with the following persons
PRESENT: President Bushy, Trustees Butler, Caleel, Craig, McInerney and
Savino.
ABSENT: Trustee Kenny.
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty,
Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Debra J.
Jarvis, Fire Chief/Building Commissioner; Richard A. Martens, Village
Attorney; and Michael J. Meranda, Public Works Director.
3. ANNOUNCEMENTS & OPEN FORUM:
Trustee McInerney commented on an article published by The Doings
newspaper. He had sent a letter to that newspaper months ago regarding their
coverage of various events in Oak Brook prior to the April election, and the
article has just been published. He voiced his concern of the newspaper
Publishing comments out of context and not in a timely manner.
Trustee Savino commented on the upcoming Oak Brook Day schedule of
activities, specifically the Fire Hose contest. He asked if the Village Board
members wished to put together a team or other Board or Commission
members that wish to participate. President Bushy welcomed everyone to
attend the festivities whether tennis, golf or swimming, and that the Sports
Core is owned and operated by the Village of Oak Brook for its residents.
4. APPROVAL OF MINUTES: .
Motion by Trustee Caleel, seconded by Trustee McInerney, to approve the
minutes of the Proposed Sale of General Obligation Alternate Bonds Special
Public Information Meeting of May 10, 1999 as presented and waive the full
reading thereof. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes 1 of 18 May 25, 1999
Motion by Trustee Caleel, seconded by Trustee McInerney, to approve the
minutes of the Proposed Sale of General Obligation Alternate Bonds Public
Hearing of May 11, 1999 as presented and waive the full reading thereof.
VOICE VOTE: Motion carried.
Motion by Trustee Caleel, seconded by Trustee McInerney, to approve the
minutes of the Regular Meeting of May 11, 1999 as presented and waive the
full reading thereof. VOICE VOTE: Motion carried.
5. OMNIBUS AGENDA:
Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the
Omnibus Agenda. ROLL CALL VOTE:
Ayes: 5 - Trustees Butler, Caleel, Craig, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Kenny. Motion carried.
A. APPROVAL OF BILLS: Approved Omnibus Vote.
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING
MAY 15, 1999: Approved Omnibus Vote.
C. CHANGE ORDERS: None.
D. PAYOUTS:
1) CAROW ARCHITECTS PLANNERS - PAYOUT #3 - LIBRARY
DESIGN - $27,580.27: Approved Omnibus Vote.
2) NICHOLAS & ASSOCIATES - PAYOUT #5 - GOLF
CLUBHOUSE EXPANSION - $196,891.00: Approved Omnibus
Vote.
3) PENTAMATION - PAYOUT #15 - COMPUTER SYSTEMS -
6 417.18: Approved Omnibus Vote.
E. REFERRALS: None.
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: No
Business.
G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF
APRIL 1999: Approved Omnibus Vote.
VILLAGE OF OAK BROOK Minutes
FA
Irl
2of18
May 25, 1999
H. DU PAGE COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM: Approved Omnibus Vote.
I. AUTHORIZATION TO NEGOTIATE FOR REFURBISHMENT OF
FIRE ENGINE 915: Approved Omnibus Vote.
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA (Items For Final Action):
A. APPOINTMENTS:
Motion by Trustee McInerney, seconded by Trustee Savino, to concur
with the recommendation of President Bushy and re- appoint John G.
Baar to the Board of Fire and Police Commissioners, with his three -
year term expiring May 2002. VOICE VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE 99 -PP -S -942 AN ORDINANCE REPEALING
ORDINANCE 99 -PP -S -936 AND AUTHORIZING THE SALE
BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED
BY THE VILLAGE OF OAK BROOK:
The Village Board, at its Regular meeting of April 27, 1999, passed
an ordinance declaring two (2) vehicles as surplus property and
authorized their sale at the DuPage Mayors and Managers Conference
auction on June 26, 1999. Since that time, it has been determined that
an administrative pool car (Chevrolet Caprice) is in need of costly
repairs. In lieu of repairing this car, staff recommends declaring it
surplus and keeping the car that was previously declared surplus (Ford
Crown Victoria).
Motion by Trustee Caleel, seconded by Trustee McInerney, to pass
Ordinance 99 -PP -S -942, "An Ordinance Repealing Ordinance 99 -PP-
S-936 And Authorizing The Sale By Public Auction Of Personal
Property Owned By The Village Of Oak Brook ", as presented and
waive the full reading thereof. ROLL CALL VOTE:
Ayes: 5 - Trustees Butler, Caleel, Craig, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Kenny. Motion carried.
C. AWARD OF CONTRACTS: No Business.
VILLAGE OF OAK BROOK Minutes
3of18
May 25, 1999
D. Y2K PREPAREDNESS - BATH AND TENNIS CLUBHOUSE:
Tabled at the Regular meeting of May 11, 1999. Staff has completed
further investigation and offers the following findings:
Based upon discussions with Patten Power Systems (supplier of
generator sets) and Bob Carlson of Pro Electric Generators, Inc. (a
company specializing in the installation of generator sets for both
commercial and residential applications), the estimated cost to
purchase and permanently install a sufficiently sized generator to
power -up the kitchen area only of the Bath and Tennis Clubhouse
would be approximately $63,000 - $68,000. The cost breakdown is
$33,000 for a 100kw generator and $30,000 435,000 for labor,
electrical materials and some type of an exterior enclosure for the
generator itself. This size generator would not provide for any other
electrical needs of the Clubhouse other than the kitchen area. Also,
the 75 amp residential installation referenced at the May 11, 1999
meeting (cost $20,000) is a 15kw unit well suited for its application,
but not comparable to the 100kw demand of the Bath and Tennis
kitchen.
Trustee Caleel suggested that powering up the kitchen of the Bath and
Tennis Club would not require that much electrical service for
lighting and refrigeration equipment. He suggested further review by
our staff of the required kilowatt service for the kitchen, as the
proposed rental fee of the generator is too costly.
Public Works Director Meranda suggested that an electrician could
review all the electrical outlets in the Clubhouse to determine what is
needed to be operational and the encompassing costs of the project.
Trustee Savino commented that Commonwealth Edison appears to
have minor problems with Y2K and questions the need to power -up
the Bath and Tennis Club when the Village has other facilities that
are operational. The Village has two Fire Stations with stoves and
refrigerators; the Police Department has a refrigerator; our employee
lounge has a refrigerator and Public Works has refrigerator and a
stove. He feels that this gives our employees ample ability for food
storage and cooking. President Bushy indicated these facilities could
not facilitate all of the Village employees on duty during that time.
Trustee Caleel noted that the Bath and Tennis Club does lose power
with their refrigeration, and that he is not entirely opposed to having a
backup generator for their equipment with or without Y2K. He feels
VILLAGE OF OAK BROOK Minutes 4 of 18 May 25, 1999
L,�
that the cost must be within reason, and a rental fee of $16,000 for a
generator is not reasonable when one may be purchased for $20,000.
President Bushy suggested that the public safety sector has more
concerns regarding security for their community and its businesses
than electric service companies, and that the Board could table this
agenda item for further review by the staff.
Motion by Trustee Caleel, seconded by Trustee Savino, to table this
item to the next meeting for further review by staff. VOICE VOTE:
Motion carried.
E. PROPOSED SALE OF GENERAL OBLIGATION ALTERNATE
BONDS - RECEIPT OF REFERENDUM PETITIONS:
During the review of the 1999 -2003 Five -Year Financial Plan and the
1999 budget, the Board observed that although the Village's long-
standing policy has been to fund capital expenditures from cash on
hand, it might be prudent to consider bond financing in the very
favorable interest rate environment that is available to municipal
issuers at the present time. The narrative presentation on the General
Corporate Fund in the 1999 -2003 Five -Year Financial Plan makes
specific reference to this opportunity.
In December, the Village retained R.V.Norene & Associates, Inc. to
prepare a report on Oak Brook's financing opportunities. That report,
accompanied by some pro -forma illustrations based on the 1999 -2003
Five -Year Financial Plan, was presented and reviewed at the Board's
Committee -of -the -Whole meeting on February 8, 1999. The
discussion revolved around the opportunity to take advantage of the
current market, and the Village's excellent financial condition, to
issue alternate revenue source bonds to finance a substantial part of
the two major building projects reflected in the Plan - the Library and
the Municipal Building - thereby preserving the Village's cash
reserves.
In early 1995, legislation was adopted adding Cook County to the
collar counties then subject to the Act. Late in 1995, the Illinois
Legislature enlarged the borrowing powers of all taxing bodies
subject to the Act by excepting (1) Limited Tax Bonds and (2)
Alternate Revenue Source Bonds from the restrictions of the Act.
Alternate Revenue Source Bonds were created in the Municipal Bond
Reform Act adopted in 1988. They are known as "double barreled"
VILLAGE OF OAK BROOK Minutes 5 of 18 May 25, 1999
bonds in that they have two pledged revenue sources: (1) property
taxes and (2) an alternate revenue source.
The statute requires that the "alternate" revenue source be sufficient
to provide $1.25 of annual revenue for every $1.00 of annual debt
service (if a "look back" at the last audit does not evidence such
coverage there is a provision for projections of revenue by qualified
experts).
The procedure for the authorization of "alternate bonds" is through
what is known as a "back- door" referendum. The issuer adopts an
ordinance proposing the issuance of alternate bonds and identifying
the alternate revenue source, publishes the ordinance locally and if
within 30 days of the publication petitions containing the names of
7.5% of the registered voters are not received, the issuer can proceed
to sell the bonds (the issuer must also comply with the Bond Issue
Notification Act but the steps thereunder can run simultaneously with
the alternate bond creation proceedings). In Oak Brook, 448
signatures are required to call the question to referendum. If the
requisite petitions are filed, the bond issue must either be placed on
the ballot at the next consolidated election date or the project is
dropped. The procedure for authorizing alternate bonds is virtually
identical to that for authorizing revenue bonds.
The Village could pledge sales taxes as the alternate revenue source
for bonds issued for water and/or sports core purposes, but in fact it
could transfer funds from the water and/or sports core enterprise
funds to the General Fund and effectively use them to pay debt
service.
The Village could simultaneously use sales tax revenues as the pledge
revenue source for infrastructure bonds but could make the actual
payment from, for example, utility taxes.
For projects like the Library and the Municipal Building, the logical
alternate revenue source would be sales taxes.
The Village Board held the appropriate informational meetings on
May 1 and May 10, 1999 to provide information on the proposed sale
of General Obligation Alternate Bonds. A Public Hearing was also
held on May 11, 1999 for the proposed sale of General Obligation
Alternate Bonds.
Trustee Caleel indicated that the required number of 448 signatures
requesting the proposal be placed on a public referendum has been
VILLAGE OF OAK BROOK Minutes 6 of 18 May 25, 1999
reached. Therefore, there are two alternatives before the Village
Board, which are, to submit the question of issuance of the bonds to
referendum at the election of March 21, 2000 or abandon the idea of
issuing alternate bonds.
Village Manager Veitch remarked that it is not necessary to make a
choice immediately. A decision to submit the question to referendum
may be made anytime prior to the deadline for submitting questions
for the ballot, about two months before the election. Staff will update
the Five -Year Financial Plan assessing options that may be available
for other financial alternatives that do not require a general obligation
pledge.
Trustee Caleel suggested that the Village Board take no action at- this
time but observe interest rates and other alternatives before a decision
be made.
Trustee McInerney offered that there is time for additional
information to be sent to our residents from the Village explaining the
proposed alternative general obligation bonds, as this information has
not appeared in any of our local newspapers. He explained that
residents might have not fully understood the Village's proposal.
President Bushy noted that two informational meetings were held for
interested residents, but there were few attendees. This may not have
been a favorable proposal for our residents, but it appears that some
residents do not wish to provide the facilities that are needed for our
public safety personnel to conduct the proper services needed for our
community. Unless the Village maintains the infrastructure we have
in our Village and its services, the value of the property in Oak Brook
will not remain as we think it should. Unfortunately, erroneous
information was given to many of our residents that had signed the
petitions. . .
Trustee McInerney suggested that the general population and the
citizens of Oak Brook could be informed of the purpose of the
proposal via the Civic Association newsletter, the Village newsletter
and the President's letter.
8. INFORMATION & UPDATES;
A. VILLAGE PRESIDENT: No Report.
VILLAGE OF OAK BROOK Minutes 7 of 18 May 25, 1999
B. VILLAGE MANAGER:
Village Manager Veitch reminded the Village Board members that
Monday, June 7, 1999 has been scheduled for the annual Village
Board Objectives Workshop. It is a time in which the public may
have input into the priorities of the Village for the Year 2000 budget.
It is a workshop in which the Board members determine what may be
their goals and objectives for the following year. Staff then organizes
the proposed goals and objectives for the Village Board members to
review at several meetings before the budget is determined based
upon these goals and objectives.
The Village of Oak Brook urged Governor Ryan to include two (2)
roadway projects in his Illinois FIRST, $12,000,000,000 initiative.
One (1) of the projects is completion of the 22nd Street strategic
regional arterial to six (6) lanes from Butterfield Road to 1 -294. The
other project is completion of Route 83 from the southern edge of
Oak Brook to I -55 to six (6) lanes. These are projects of State
responsibility on the State's roadway system, which have not been
included in their five -year funding programs over the last few years.
He remarked that he had sent the Village Board a report on the
equalized assessed valuation of the Village. As of January 1, 19981, it
increased over the $1,197,000,000 by 3.4% and has topped
$11,005,089,046. Trustee Savino inquired if the Village receives a
breakdown between the commercial and residential districts. Village
Manager Veitch explained that these two numbers are provided and
will be given to the Board.
The Board has been provided the Metropolitan Mayors Caucus
Commonwealth Edison Task Force Report where Village Manager
Veitch served on that Task Force representing Du Page communities.
There are positive items that have been negotiated by the Task Force
to improve reliability and service by Commonwealth Edison. The
Task Force is still negotiating a performance guarantee.
Regarding the Diesel truck emission testing legislation, HB2031 has
passed both houses of the legislature and is awaiting consideration by
Governor Ryan. Municipal trucks and equipment above 16,000
pounds dry weight are included in this legislation. Municipalities
may self -test and have the authority to designate vehicles as
emergency use vehicles, including public works vehicles. Fire
Pension Bills, HB398, died in the Senate Rules Committee.
However, it is now being included in S13856, which is in the House
and is in its third reading. If it passes, it will need to go to the Senate
VILLAGE OF OAK BROOK Minutes 8 of 18 May 25, 1999
1W/
for a concurrence, as the legislature will be adjourning their session
tomorrow.
He informed the public that the Fire Department would be conducting
training on May 27- 29,1999 at a vacant home at 123 Twin Oaks
Drive.
9. DEPARTMENTAL REPORTS: No Business.
10. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. DISCUSSION - HARGER ROAD ACCESS - HINES
DEVELOPMENT:
Trustee Savino remarked that the Village Board would take no action
on this agenda item this evening, rather Village Manager Veitch will
give a report of the Harger Road access.
Village Manager Veitch presented the following data regarding the
Harger Road access:
At the regular Board of Trustees meeting on May 11, 1999, Audrey
Muschler (55 Yorkshire Woods), Eldon Glaves (25 Hickory Drive)
and Gloria Barmada (50 Yorkshire Woods) addressed the Board
concerning the development at 700 Commerce Drive and the limited
access to Harger Road that was approved by the Board on December
8, 1998. A letter from Neil Zundel (905 Red Fox Lane, President of
Steeplechase Community Association of Oak Brook) was also
presented to the Board. On May 17, 1999, a letter from Doug Palmer
(42 Yorkshire Woods, President of Yorkshire Woods Property
Owners Association), with enclosures, was received at Village Hall.
On December 8, 1998, the Village Board considered the traffic
infrastructure review required by Section 5 -2 (n) of the Code of
Ordinances in connection with proposed construction of a five -story
office building at 700 Commerce Drive. The building will be located
on the property commonly referred to as the Eastern Air Lines
property even though the existing building (800 Commerce Drive)
has for several years been occupied by McDonald's Corporation. The
matter came before the Board only because the proposed building
planned to utilize the incremental building height allowed by the
Zoning Ordinance in the ORA -1 District where certain procedures are
followed in addition to the normal building permit process.
VILLAGE OF OAK BROOK Minutes 9 of 18 May 25, 1999
Z�
The applicant, Hines Properties, had recently purchased the property
from McDonald's and was proposing to construct a second building
on the site. McDonald's would continue to occupy the former Eastern
Air Lines building as a tenant. The overall density would not exceed
the ORA -1 limitation of 0.45 FAR and no variations were being
requested.
The Board had before it a memorandum from Village Engineer
Durfey dated December 4, 1998 that summarized the issues at hand
and recommended certain findings as required by Section 5 -2 (n). By
a vote of 5 -0 (Trustee Bartecki was absent), the Board found that the
development does not require installation of traffic infrastructure in
order to accommodate attributable traffic and directed the applicant to
pay the cost of enforcement of the P.M. peak period left turn
prohibition from the Harger Road driveway if deemed necessary by
the Village. There was no public comment.
No one involved in the process (the property owner, architect, traffic
engineer, Village staff) had any idea that there might be, or was at
some time in the past, a restriction on access to Harger Road from
this property. Most significantly, the applicant in the sense of
removing or changing a legally enforceable restriction did not raise
the subject. If there had been an enforceable restriction, the applicant
would have needed the Village's consent to abrogate it.
A traffic study was performed in connection with the Section 5 -2 (n)
application, and a memorandum from Village Engineer Durfey
reviews the process and reiterates the findings underlying the Board's
December 8, 1998 action.
Sometime in mid -to -late February 1999 during a routine meeting with
Mary Odwazny of The Doings, Village Manager Veitch was
presented with copies of two (2) documents. Ms. Odwazny indicated
that an anonymous source had provided the documents to her. She
wanted to know what they meant and the Village's "position"
regarding the documents. Village Manager Veitch promised to
investigate the matter.
Village Manager Veitch began to research the question of access
restrictions on Harger Road, beginning with the Eastern Air Lines
Incorporated Subdivision file. He found the plat of subdivision that
created the zoning lot in question and saw that the plat did not show
any restriction on access to Harger Road. The south half of the right -
of -way was dedicated through the subdivision process, but that
VILLAGE OF OAK BROOK Minutes 10 of 18 May 25, 1999
appeared to be the whole of it. He also ' found the documents that
were presented to him by Ms. Odwazny.
There exists an extensive Village record on the access question
entitled " Harger Road (Eastern Air Lines) ", that contains much
relevant information. He related this information, in general, to Ms.
Odwazny about a week later. She wrote an article on the subject that
appeared in the March 5, 1999 edition of The Doings. In order to be
certain the Board was aware of the question, the newspaper article
and important information that was excluded from the article, were
included in the Village Manager's Memo of that date.
Subsequently, Village Manager Veitch had conversations with
several residents, including Doug Palmer. At Mr. Palmer's request,
Village Manager Veitch followed up his conversation with a letter
summarizing the Village's findings:
Regarding the development of the Hines building at 700 Commerce
Drive and after the Village Board reviewed the traffic study and
infrastructure analysis required by the building's use of the
conditional building height in the ORA -1 Zoning District, the
question of access to Harger Road was posed to Village Manager
Veitch by Mary Odwazny of The Doings, apparently in response to a
source who contacted her.
Although the story suggests the existence of a 30 -year old prohibition
on access to Harger Road from the 700 -800 Commerce Drive
property, the Village has no legal record of such a restriction. Based
on research done by Village Attorney Martens and Village Manager
Veitch after Ms. Odwazny raised the question, they do not believe any
such restriction exists or ever legally existed. While it appears to be
true that the Village Board included such a condition in the 1968
motion that approved the subdivision plat, no restriction was added to
the plat and no document pertaining to it was recorded.
The Village's research suggests that the 1968 condition was based on
the notion that there had been a prior agreement to restrict access in
exchange for certain zoning treatment when the new Zoning
Ordinance was adopted in 1966. However, there is documentation in
Village records, signed by then Village President T. A. Mohlman,
indicating that no such agreement was made. The current owners plan
to utilize access to Harger Road subject to restrictions on left turns as
approved by the Village Board, pursuant Section 5 -2 (n) of the Code
of Ordinances, on December 8, 1998.
VILLAGE OF OAK BROOK Minutes 11 of 18 May 25, 1999
Z�l
Village records indicate that on March 22, 1966, a drafted
memorandum of understanding was executed by Norman Steenhof,
Chairman of the Zoning Board of Appeals and of a special committee
working on the new Zoning Ordinance, and Wayne Doran, General
Manager of the Oak Brook Development Company. That document
purports to represent an agreement that, as an inducement to
obtaining ORA -1 zoning under the new ordinance, the subject
property would not seek access to Harger Road. This document
seems to be at the root of the notion that there exists an access
restriction on'this property.
Coincidentally, the new Zoning Ordinance was adopted by the
Village Board on March 22, 1966 and became effective on July 8,
1966. It is clear from the Zoning Ordinance (as well as the
Subdivision Regulations in effect at that time) that the Village
contemplated use of a mechanism called a "no- access strip" to
indicate locations where access to an adjacent public street was not to
be permitted. Such "no- access strips" were to be recorded as part of a
plat and, presumably, negotiated as part of the subdivision process.
This mechanism was utilized in various locations around the Village,
particularly around the edges of major residential subdivisions along
the backs of through lots.
The timeline then moves to the spring of 1968, when Eastern Air
Lines was contemplating constructing its building at 800 Commerce
Drive. The President and Board concluded that subdivision was
appropriate and compelled a plat to be prepared. The Village Board
referred the plat to the Plan Commission on May 14, 1968.
The Plan Commission met on May 20, 1968 and considered the
subdivision plat. Robert Havey, 34 Yorkshire Woods, who had been
a Village Trustee at the time the Zoning Ordinance was adopted in
1966, presented a letter asserting that the Board and Doran had agreed
on the "inducement" outlined in the memorandum of understanding.
In the Plan Commission's recommendation letter, Chairman Swain
reports that the applicant professed to be unaware of any such
agreement, but that the Commission had given its approval
conditioned on provision of only emergency access to Harger Road.
The letter also . includes a report of a post - hearing proposal from
Eastern Airlines designed to head off a total restriction on access to
Harger Road.
Consideration of the recommendation was deferred at the Board's
June 11, 1968 meeting at the request of the applicant (Eastern Air
Lines). President Dean was directed to write to Oak Brook
VILLAGE OF OAK BROOK Minutes 12 of 18 May 25, 1999
l4�5
Development Company and request adherence to the March 22, 1966
"agreement ". A specific response to that letter was not found.
On June 25, 1968 ; the Village Board, approved the subdivision
"subject to , the restriction that access be prohibited to and from
Harger Road except for emergency fire and police vehicles ". This is
,the motion and vote referred to by Mr. Palmer and Mrs. Muschler. At
this point the record begins to show more clearly that Eastern Air
Lines apparently proceeded through the subdivision process against
its will. At the same June 25, 1968 meeting of the Village Board,
Village Attorney George Unverzagt was requested to prepare an
opinion on the requirement to submit a plat of subdivision prior to
commencing the construction of its building. The Attorney provided
his opinion on July 5, 1968, and the opinion was made public at the
July 9, 1968 meeting of the Village Board. It concludes that a
subdivision plat is required, and that the Village is within its authority
to restrict ingress and egress from Harger Road. Prior to reaching
that conclusion, the opinion refers to the access restriction only as a
"moral obligation" of the Development Company. The basis of the
stronger language in the concluding paragraph is not explained in the
document.
Either shortly, before or shortly after the opinion was rendered,
Eastern Airlines filed suit against the Village, President Dean, the
Board of Trustees and Frank Pearson, Building Inspector. A copy of
the complaint was not found, but the answer suggests that the suit
sought to vacate the requirement for a plat of subdivision and the
access restriction imposed by the Board on June 25, 1968 perhaps
among other things. In an apparent reference to the March 22, 1968
"agreement ", the defendants state in their answer to.Count II that they
"deny that the access to Harger Road from the subject property has
not been prohibited and allege that it has been prohibited by the
plaintiffs predecessor in title and deny that plaintiff is entitled to
access to Harger Road for other than emergency vehicles only ".
The Village's answer appears to have been filed in the latter half of
July 1968. There was an executive session of the Village Board on
July 23, 1968. , On August 5, 1968, the suit was settled and a
stipulation to dismiss was filed with the court. The stipulation
provides that a traffic study will be conducted and that access to
Harger Road will be essentially limited to emergency vehicles "until
the Village and Eastern Airlines may have otherwise reasonably
agreed with full consideration to be given to the results of said
Barton- Aschman traffic survey in regard to the use of and access to
VILLAGE OF OAK BROOK Minutes 13 of 18 May 25, 1999
Harger Road or until the recommendations of the Barton - Aschman
traffic survey have been implemented by the Village"
On October 3, 1968, Plan Commission Chairman Swain addressed a
letter to the Board of Trustees recalling the Commission's June 6,
1968 recommendation and requesting that the Village require the
Development Company to present evidence of a covenant on the title
of the subject property prohibiting access to Harger Road. Paul
Weber, President of Yorkshire Woods Property Owners Association,
made the same request in a letter dated October 8, 1968. Also on
October 8, 1968, the Village Board authorized the Village Clerk to
write to Oak Brook Development Company making that request.
Clerk Lorraine Fricek complied with the Board's directive on October
11, 1968. A direct reply to that letter was not found, but a letter dated
October 17, 1968 from Wayne Doran to Attorney Unverzagt asserts
that "there are a number of items that should be brought out and
clarified" and requests an informal meeting with the Village Board.
On October 22, 1968, the Village Board apparently agreed to have the
requested discussion at a regular meeting.
It is clear that Wayne Doran contacted Ted Mohlman, who was
Village President when the Zoning Ordinance was adopted in 1966,
and Norman Steenhof who, as noted earlier, was Chairman of the
Zoning Board of Appeals and of the special committee. Mr. Doran's
letter recounted the events surrounding adoption of the Zoning
Ordinance and the alleged "inducement" from the point of view of the
Development Company and concluded that there was no agreement
pertaining to Harger Road access and that the memorandum of
understanding was of no effect. He asked concurrence of the
addressees. Mr. Mohlman indicated his concurrence with his
signature on November 22, 1968. A response from Mr. Steenhof was
not found.
On December 10, 1968, the Village Board received a letter from
Wayne Doran dated December 4, 1968. That letter was not found,
but the Village assumes that it transmitted the responses to Mr.
Doran's November 19, 1968 letter. The minutes state as follows:
"Each Trustee was provided with a copy of Mr. Wayne Doran's letter
of December 4, 1968 regarding Harger Road. After discussion, this
matter was tabled ".
Staff has found no indication that the matter was ever taken off the
table or discussed further.
VILLAGE OF OAK BROOK Minutes 14 of 18 May 25, 1999
Based on Staffs review of the Village's records, Village Attorney
Martens and Village Manager Veitch are convinced that there was
never a legally enforceable restriction on access to Harger Road from
this property. In their opinion, the Village and the property owner
knew there was no enforceable agreement and understood that there
would be no restriction that would run with the land. There was no
recorded "no- access strip" on the plat (which was ultimately recorded
pursuant to the stipulation to dismiss) as contemplated by the then
brand new Zoning Ordinance. The former Village President
confirmed his understanding that there was no agreement or
inducement related to the zoning given the property under the new
Zoning Ordinance.
The sitting President and Trustees were extremely bright and
dedicated people, and were assisted by a very competent staff and
very qualified attorneys. Staff finds it very difficult to believe that
the lack of any recorded restriction is accidental.
In Staffs opinion, Bankers Life and Eastern Air Lines, as owners and
users of the property respectively, were more concerned for the future
viability of the property than for the present use of access to Harger
Road. The intensity of Eastern Air Lines' use was extremely low and
Eastern Air Lines was content to do without the Hanger Road access
so long as the ultimate right to access was not taken.
When the property was sold to McDonald's Corporation in the early
1990's, McDonald's seems to have taken a similar view. Its intended
use was short term, and it did not intend to increase the intensity of
use. Therefore, there was no reason to exercise the right to access to
Harger Road and the company made no attempt to do so.
McDonald's Corporation knew, however, that there was no
enforceable restriction.
When Hines Properties purchased the property from McDonald's
Corporation in 1998, it did so with the intent of exercising its right to
develop additional floor area on the site utilizing Harger Road as a
secondary means of access.
Hines has met all requirements of the Zoning Ordinance and of
Section 5 -2 (n). It has requested no variations and has received none.
Issuance of the building permit is imminent (minor engineering
details caused a recent delay, which was resolved on May 20, 1999).
On the basis of Hines' full compliance with all applicable ordinances,
it is entitled to the building permit.
VILLAGE OF OAK BROOK Minutes 15 of 18 May 25, 1999
Public comments , were taken at this time. Audrey Muschler, 55
Yorkshire Woods, publicly thanked Village Manager Veitch for the
hours of research done on this proposal. She again reiterated her
concern of the traffic increase along Harger Road to the Village
Board members.
Eldon Glaves, 25 Hickory Drive, voiced his concern of the traffic on
Harger Road going south to York Road and to consider a
reconfiguration of the right turn onto York Road from Harger Road
for safety precautions.
Diane Feller, 18 Yorkshire Woods, stated her concern of heavy traffic
on Harger Road, its right turn lane onto York Road, as this is their
only access road out of their subdivision.
Laureen Simmons, 716 Harger Road, asked that the Village Board
deny an access road to Hines on their property.
Fred Tiesenga, 7 Yorkshire Woods, asked the Village Board to
consider the request of the residents of their subdivision.
Greg VanSchaack, Vice - President, Hines Properties, addressed the
Village Board on the site -of their location in Oak Brook. He
commented that Hines met with Village officials to understand the
issues of the Village, including traffic. They contracted with
architects to study different methods of the site plan to minimize both
the view of their project from the residential neighborhood as well as
beautifying their area along Harger Road. They engaged Metro
Traffic to conduct a detailed study of access points and the best
solutions from their standpoint and the residential neighborhood.
They also engaged legal counsel to understand what restrictions, if
any, did exist. Hines wants their corporate headquarters project to
enhance the community, and they weighed equitably their property
rights as well as the concerns of the community.
Stephen Wright, Wright Architects, displayed a model of their
proposed project to the Village Board. He displayed the proposed
landscaping that will enhance the site and noted the left turn
restrictions going west from the site during 4 -6 p.m. peak traffic
hours as to minimize the impact from the residential neighborhood.
Steve Corcoran, Metro Transportation Group, discussed the traffic
volumes and impact of Harger Road.
VILLAGE OF OAK BROOK Minutes 16 of 18 May 25, 1999
John Sojak, 23 Yorkshire Woods, asked if Metro has anticipated the
amount of traffic increase from the new health facility on York Road
in Elmhurst. Mr. Corcoran commented they addressed the York
Road traffic impact from Hines by implementing the restricted left
turn during peak traffic hours to reduce congestion.
Village Manager Veitch then interjected that the Village Board will
be receiving a jurisdictional agreement, for their approval, between
the Village of Oak Brook and the State of Illinois in which the
Village will assume ownership of York Road from Dover Drive to
north of Hanger Road. In exchange for this, the State of Illinois will
assume ownership of a portion of 22nd Street. This intersection will
then be in direct control by the Village.
President Bushy indicated a memorandum will be sent to Chief of
Police Pisarek to address resident complaints of this evening for
enforcement at the stop sign at Hanger Road and York Road; and if
there has been an increase in traffic accidents at that location. She
also asked that, once ownership of that location is taken by the
Village, to address if there is a method for .improved safety to that
portion of the roadway.
Village Attorney Martens gave the following legal opinion that an
owner of property whose property abutts a public street or road has a
right to reasonable access for egress and ingress consistent with
public safety. A public body may prohibit or restrict that access
where it is required for the public health, safety and welfare. But the
public body may be required to compensate that owner for the loss of
the taking of that right of access. Any restriction or prohibition of the
right of access of Harger Road for Hines must be made formally by
the public body and recorded. In general, the law protects the
innocent purchasers. Any restriction or prohibition on access must be
grounded for sound public policy reasons and particularly the
elimination of danger to the public safety. Finally, contract zoning in
Illinois is illegal.
On the level of formality to prohibit or limit access, the Village
Board's motion of June 25, 1968 that prohibits access to Harger Road
except for emergency vehicles, is not enforceable especially an
innocent purchaser as Hines. The Village Board should have passed a
local recorded ordinance or a plat of subdivision with a notation that
access was prohibited, signed, including the property owner, which
did not occur. The title opinion from Hines is clean, and staff was
unaware of the Village Board minutes of 1968 until it was published
in the newspaper. Any restriction has to be grounded for public
// VILLAGE OF OAK BROOK Minutes 17 of 18 May 25, 1999
policy reasons, particularly for elimination of danger- to the public
safety. During the Eastern Air Lines litigation, it was clear to the
Village's attorney's what had to be done to perfect the Village's right
to prohibit access to Harger Road. Yet it wasn't done because it is
against contract zoning. Therefore, the Village Board's motion of
June 25, 1968 is not enforceable against an innocent purchaser such
as Hines.
Trustee Caleel acknowledged that Hines is well within its rights, as
Chicago Title gave them clear title, and they do have the right to
access on Harger Road since it wasn't prohibited. He asked the
Village to commit to mitigate the traffic situation on Harger Road.
Trustee Savino commented in closing that he agreed with Trustee
Caleel. He acknowledged that a legal restriction limiting access on
the subdivision plat was never recorded, nor any covenant was added
to the title, nor was a "no access strip" included in the ordinance, and
there isn't any cite in the Comprehensive Plan that restricts access to
Harger Road. He suggested the Village could only address mitigating
the traffic concerns as noted by the residents this evening.
11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None.
12. ADJOURNMENT:
Motion by Trustee Caleel, seconded by Trustee Savino, to adjourn the meeting
at 10:00 p.m. VOICE VOTE: Motion carried.
ATTEST:
or
Linda K. Gonnella, CMC /AAE
Village Clerk
Bocoszs99
VILLAGE OF OAK BROOK Minutes 18 of 18 May 25, 1999
JF4