Minutes - 06/27/1995 - Board of TrusteesAsk
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VILLAGE OF OAK BROOK Minutes ne 1 �I
UNOFFICIAL UNTIL APPROVED AS WRITTEN
OR AS AMENDED �-,- -BY Vi
ON ��J.LAGE BOARD
' G
1. MEETING CALL: 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:
DOLL CALL
The Clerk called the roll with the following persons
PRESENT: President Bushy, Trustees Kenny, McInerney, Savino and
Shumate.
Trustee Payovich arrived at 7 :35 p.m.
ABSENT: Trustee Bartecki.
IN ATTENDANCE: Stephen B. Veitch, Village Manager, Dale L. Durfey, Jr.,
Village Engineer; James Fleming, Chief of Police; Tom Hawk, Director of Code
Enforcement; Darrell J. Langlois, Finance Officer/Treasurer; Richard A.
Martens, Village Attorney; and Ruth A. Martin, Librarian.
3. ANNOUNCEMENTS & OPEN FORUM: ANNOMCE�!ENTS,
AND
President Bushy explained the new format of the agenda for our Village Board OPEN PORUM-
meetings. The purpose of the change was to expedite the business process of
the meetings, improve the workflow of ordinances and resolutions, and allow a
time period for discussion of agenda items.
President Bushy reminded the Village Board members that a successor, in her
absence, must be made as required for the Emergency Management Plan of
the Village. Prior years, it was done by order of seniority. Board members are
to contact her immediately for a decision of the process.
4. APPROVAL OF MINUTES: MPTI TES
Motion by Trustee Kenny, seconded by Trustee Savino, to approve the
minutes of the Committee -of- the -Whole Meeting of June 12, 1995 as presented
and waive the full reading thereof. VOICE VOTE: Motion carried.
Motion by Trustee Kenny, seconded by Trustee Savino, to approve the
minutes of the Regular Meeting of June 13, 1995 as presented and waive the
full readiing thereof. VOICE VOTE: Motion carried,
5. tQS AGENDA:
Motion by Trustee McInerney, seconded by Trustee Payovich, to approve the
Omnibus Agenda. ROLL CALF VOTE:
, VILLAGE OF OAK BROOK Minutes Page 1 of 8 June 27, 1995
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Ayes: 5 - Trustees Kenny,-McInerney, Payovich, Savino and Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Bartecki. Motion carried.
A. APPROVAL OF BILLS: Approved Omnibus Vote.
B. APPROVAL OF PAYROLL: Approved Omnibus Vote.
C. CHANGE ORDERS:
1) CHANGE ORDER #1 - 1995 PAVING PROJECT: Approved
Omnibus Vote.
2) CHANGE ORDERS #7 & #8 - 1994 PAVING & WATgR MAIN
PROJECT: Approved Omnibus Vote.
D. PAYOUTS:
1) R. W. DUNTEMAN COMPANY - PAYOUT ##9 & FINAL - 1994
PAVING & WATER MAIN PROJECT - $4§.489.20: Approved
Omnibus Vote.
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II
APPROVAL OF:
BILLS -
51381556.48
PAYROLL -
$248,848.44
ORANGE ORDERS':
1995 PAVING
PROJECT
'94 PA LING &
WATER MAIN'
PAYOUT,i :
'94 PAVING & ;I
WATER MAIN
2) SASAKI ASSOCIATES. INC. - PAYOUT #2 - PROFESSIONAL CULTURAL/
SERVICES - CULTURAURECREATIONAL FACILITIES STUDY _ RECREATIONAL
24.500.00: Approved Omnibus Vote. FACILITIES
E. REFERRALS: No Business.
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F. BID AUTHORIZATION -POLICE DEPARTMENT COPIER: Approved COPIER -
Omnibus Vote. POLICE DEPT.
G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT. MAY_ 1995: TREASURER'S
Approved Omnibus Vote. REPORT -- MAY
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA Items for Final Actionl:
A. APPOINTMENTS: APPOINTMENTS:
President Bushy announced it was the consensus of the Village (Board at VEITCR -
its Closed Meeting on June 13, 1995 to renew Steven B. Veitch's VILLAGE IT..ANAGER
Employment Agreement with the Village as Village Manager effective
June 1, 1995, with a 4% salary increase (current salary $92,500) to a new
salary of $96,200.
Maiion by Trustee Kenny, seconded by Trustee Shumate, to concur with
the recommendation of President Bushy and confirm the renewal of
Village Manager Veitch's Employment Agreement with the Village effective
VILLAGE OF OAK BROOK Minutes Page 2 of 5 June 27, 1995
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June 1, 1995 with a 4% salary increase. VOICE VOTE: Motion carried.
B. RESOLUTION 95 -AP -R -653 RESOLUTION OF APPRECIATION -
THOMAS B. DOYLE:
C.
�r
❑
President Bushy read in its entirety a Resolution commending Thomas B.
Doyle for his service as a member of the Plan Commission from May,
1935 through May, 1995.
Motion by Trustee McInerney, seconded by Trustee Kenny, to pass
Resolution 95- AP- R-653, "Resolution of Appreciation ", as presented.
VOICE VOTE: Motion carried.
The ordinance essentially replaces the minimum billing charge with a
$5.00 per month service charge for various account classifications based
on the size of the meter. Additionally, the per 1,000 rate is reduced from
$2.75/1,000 gallons to $2.35/1,000 gallons.
Motion by Trustee McInerney, seconded by Trustee Kenny, to pass
Ordinance 95-WA-G-555, "An Ordinance Amending Section 12 -87 of the
Code of Ordinances of the Village of Oak Brook, Illinois and Adjusting
Water Charges ", as presented and waive the full reading thereof. ROLL
CALL VOTE:
Ayes: 5 - Trustees Kenny, McInerney, Payovich, Savino and Shumate.
Nays: 0 - None.
Absent: 1 - 'trustee Barteck�. Motion carried.
AUTHORIZATION TO FILL BUDGETED NEW POSITION -
TELECOMMUNICATIONS OPERATOR - POLICE DEPARTMENT:
The Public Safety Telecommunications Center is the nerve center of the
Village's Public Safety and Emergency Operations. Ali calls for police, fire
and E.M.S. are received in the Telecommunications Center. The
efficiency and effectiveness of the Village's Public Safety Departments is
directly linked to the operations of the Telecommunication Center.
The position of Telecommunications Operator has evolved into a, highly
technical operation. The position requires job skills in telephone and radio
communications; advanced training in computers; electronic console
operation; and Enhanced 9 -1 -1 computer consoles.
Trustee Shumate asked if this position could be contracted. Village
Manager Veitch explained the Village has the unilateral right to contract
for these services. Police Chief Fleming stated the whole operation would
have to be contracted not just one person. Village Manager Veitch stated
VILLAGE OF OAK BROOK Minutes Page 3 of 8 June 27, 1995
RES . 95 -AP- -R -65,3
RESOLUTION OF;l
APPRECIATION
DOYLE
ORD . 95 --WA -G -555
ADJUSTING WATER
CHARGES
TELECOM— UNICA-
TIONS OPERNTORZ
NEW POSITION
POLICE DEPT..
'''terr.�"�
he did not believe this type of service is presently available.
Motion by Trustee Kenny, seconded by Trustee Payovich, to approve the
authorized Telecommunications staff from seven (7) full-time and one (1)
part -time operator to eight (8) full -time operators. ROLL CALL VOTE:
Ayes: 5 - Trustees Kenny, McInerney, Payovich, Savino and Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Bartecki. Motion carried.
8. DEPARTMENTAL REPORTS: No Business,
9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. RECOMMENDATION - ARCO- HINSDALEITHOMAS (3312 MIDWEST Axc9- HINsDA,E/
ROAD) FENCE HEIGHT VARIATION. THuIIUS
The Zoning oard of Appeals, (3312 Midwest
9 pp at their meeting of May 2, '1995, was Road) FENCE
unable to make a recommendation either for approval or denial. As a HEIGHT VAR.
result, in order to approve the requested Variation a two - thirds majority
vote (5 ayes) will be required per the Zoning Ordinance Variation
requirements.
Attorney Sean Maloney, representing the petitioner, explained to the
Village Board the request for the fence height variation. A letter from the
Von Bergens, a neighbor of the petitioner, was given to the `Village Clerk
in favor of the proposed fence.
President Bushy noted the Ginger Creek Homeowners Association, as
well as the Midwest Club Homeowners Association, opposed the fence
height variation. A letter was sent to Champ Davis, Chairman of the
Zoning Board of Appeals, dated May 2, 1995, opposing the request from
this Association. President Bushy stated the petitioner should have
known of the fence height limitation, as it is a precedent setting request.
Trustee Savino stated the intent of the variation is to bring equality to the
properties involved, President Bushy recommended the quantity or quality
of landscape can provide a deterrent and screening of the property with a
forty -two inch (42 ") fence. She further noted eight prior residential fence
height variations hLYe been denied. This precedent setting variation
would markedly change the community. The sign and fence ordinances
of this commun ty make this Village unique to open space.
Trustee Kenny noted the precedent setting nature of the request and
views this as land use and can be addressed by landscape.
Village Attorney Martens read Section X111 (1, 2 and 8) of the Code of
Ordinances relating to Standards of a Variation.
Trustee Shumate stated he did not see a hardship presented here and
VILLAGE OF OAK BROOK Minutes Page 4 of 8 June 27, 1895
4t_105
offered appropriate landscape be installed with a fence.
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II
Motion by Trustee Kenny, seconded by Trustee Savino, to deny the
petitioner's request of a fence height variation from forty -two inches (42 ")
to six (6') feet.
Trustee Kenny amended his motion, seconded by Trustee Savino, to deny
the petitioner's request of a six (6') foot fence height variation, as it failed
to satisfy Section 4(a)l, 2 & 3 and (b)1 -6 of the Code of Ordinances
relating to Standards for a Variation. ROLL CALL VOTE:
Ayes: 5 - Trustees Kenny, McInerney, Payovich, Savino and
Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Bartecki. Motion carried.
President Bushy recommended the petitioner contact the Oak Brook
Police Department and a landscape company to assist with their concerns
of their property.
A Kt--b I AURANT:
This petition, if approved, will establish a new category of Special Use in
B -1 districts for "Outdoor dining areas adjacent to restaurants" and will
approve this Special Use for the J. Alexander's Restaurant on the existing
patio area on the south side of the restaurant structure.
The Plan Commission, by a vote of 5 to 0, and the Zoning Board of
Appeals, by votes of 4 to 4, have recommended approval of both
elements of the petition with similar sets of conditions attached to the
Special Use recommendation for J. Alexander's.
Attorney David Gooder, representing the petitioner, gave a brief
explanation of the proposed outdoor dining area. The petitioner is
requesting the outdoor furniture remain year round outside the designated
patio dining area. Pictures of the area and furniture were submitted to the
Village Board members. A three (T) foot wall that is partially solid and
with rails would surround the outdoor dining area. Five (5') and six (6')
foot scrubs (evergreens) will be installed along the split rail fence. All
conditions have been met for a text amendment and special use.
Trustee Kenny inquired why the Plan Commission requested the outdoor
furniture be removed during the off - season. Director of Code
Enforcement Hawk stated the Plan Commission viewed the conditions as
stated for Zarrosta's and Maggiano's outdoor dining cafes. The proposed
set of conditions were modeled after these Special Use Permits. There is
no coompelling reason why the furniture should be removed during the off-
VILLAGE OF OAK BROOK Minutes Page 5 of 8 June 27, 1995
J . ADE)MINDER' s
RESTAURANT
(1410 16th St.)
TEXT MIET- D . S
SPEC. USE -�-
OUTDOOR DINING'
r s
season, as the outdoor dining area will be on their property and not a
public area. The existing area is dedicated for a single purpose and will
not affect anyone.
Trustee Shumate inquired if the access through the patio is only from the
restaurant. Attorney Gooder stated the only acce ;s is through the
restaurant.
President Bushy requested that a solid, permanent wall be installed if the
furniture is to remain outdoors year round. Trustee Shumate requested a
wall footing be included as a condition.
President Bushy stated the applicant be aware that compliance of the
liquor license would be in effect for the requested outdoor dining area.
Any breach of the rules and regulations of an Oak Brook liquor license
would be a loss of the liquor license for the entire establishment.
Lotion by Trustee Shumate, seconded by Trustee Payovich, to direct the
Village Attorney to draft the necessary Text Amendment ordinance for
action at the Regular meeting of July 11, 1595. VOICE VOTE: Motion
carried.
Motion by Trustee Shumate, seconded by Trustee Payovich, to grant a
Special Use for J. Alexander's Restaurant on the existing patio area on
the south side of the restaurant structure subject to the following
conditions:
1. Outdoor dining is permitted from April 15 through October 15
for each year this Special Use permit is in effect in the area so
designated on the proposed Exterior Patio Seating Plan
consisting of one sheet submitted by the applicant, Exhibit W
2. Said area shall be developed and used in substantial
conformity with said Plan and access thereto shall be through
the restaurant only. Not more than 30 seats are permitted in
said area.
3. The tables and chairs that are of heavy metal construction and
suitable for constant weather exposure may remain in place
year-round.
4. The restaurant operator shall be responsible for maintaining
and cleaning the outdoor dining area and shall comply with all
applicable DuPage County Health Department requirements.
5. s he; a shall be no music, dancing or other entertainment
offered within the outdoor dining area. The restaurant operator
shall take immediate action with respect to noise complaints to
eliminate such problems. The area shall be operated so as to
VILLAGE OF OAK BROOK Minutes Page 6 of 8 June 27, 1995
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7.
not constitute a nuisance.
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An alarmed emergency it
e gency egress gate shall be provided.
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Additional six-foot tall dense evergreen plantings shall be
panted along the east perimeter of the outdoor dining area.
VOICE VOTE: Motion carried.
C. RECOMMENDATION - COCI-tRAN 1 DEVONSHIRE - REAR LARD REAR YARD
VARIATIoN: VARIATION
This petition would allow a 10'x 10' kitchen area room addition to be COcRRAwn$hire�)
constructed to the rear of the existing home. The addition will encroach
approximately two (2) feet into the forty (40) foot required rear yard. The
area of the encroachment is approximately ten (10) square feet in a fdly-
six hundred (5600) square foot rear yard.
The Zoning Board of Appeals, at their meeting of June 6, 1995, held the
required public hearing and recommended approval by a vote of 4 to 0.
Mike Campbell of Normandy Builders, representing the Cochran's' spoke
to the Village Board of the request. Mrs. Cochran also spoke to the
Village Board of their request for a rear yard variation due to the
placement of their home on the lot.
Motion by Trustee Shumate, seconded by Trustee McInerney, to approve
the request of a Rear lard Variation due to the findings of fact as stated
by the Zoning Board of Appeals at their meeting of June 6, 1995 and
direct the Village Attorney to draft the necessary ordinance for action at
the Regular meeting of July 11, 1995. VOICE VOTE: Motion carried.
D. STATUS REPORT - TENNIS DOME:
TENNIS DOME
Village Manager Witch explained that the Village Board, at their
Committee -of- the -Whole meeting of June 12, 1995, discussed his
recommendation to cease operation of indoor tennis and to arrange
liquidation of disposable assets of the Tennis Dome. The Village Board
reached a consensus to continue consideration of the recommendation
but, prior to proceeding, requested staff to research alternative uses of the
tennis courts and the sale process of the Tennis Dome. Staff is pursuing
this effort, and it will be brought before the Village Board as soon as
possible. Village Manager Veitch stated the Dome should remain up for
viewing for prospective buyers and that it may be in the best interest to
operate it on a limited basis. It would be operable only during lessons,
programs and permanent court time sold during the Pall.
VILLAGE OF OAK BROOK Minutes
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Rage 7 of 8 June 27, 1995
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AIL
E. STATUS REPORT - MC DONALD'S C911PORATIO: MC DONALD'S
�I
Village Manager Veitch explained that staff' and McDonald's personnel CORPORATION
have been working to formulate the documents as recommended by the
Plan Commission and Zoning Board of Appeals. The Village Board
reviewed these recommendations at their May 23, 1995 meeting. These
documents will be formalized for Village Board review at the July 25, 1995
meeting.
Village Attorney Martens gave a brief description of the ordinances that
would be forthcoming. An enabling ordinance would be introduced that
would allow the Village to require an applicant, who wished additional
Floor Area Ratio or height in ORA 1 and ORA 2, to seek a review of the
traffic infrastructure requirements before a building permit is issued. This
would allow the Village the opportunity to study the plan and determine
what additional traffic impact the proposed plan would have on the Village.
If the determination was that additional traffic infrastructure is required,
then ordinances will address this with a traffic infrastructure agreement.
McDonald's would require these ordinances for their developments of the
Plaza Buildings on the North Campus, Autumn Oaks and the ORA-3
South Campus. A separate traffic infrastructure agreement is required for
each of these developments.
President Bushy noted the amount of time and cooperation McDonald's
has given in presenting their proposal to the Village of Oak Brook and
their sensitivity to the comments of the Village and its residents.
10. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None.
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11. ADJOURN TO CLOSED MEETING: ADJOURN TO
CLOSED MEETING
Motion by Trustee McInerney, seconded by Trustee Savino, to adjourn at 9:03
p.m. to a Closed Meeting to discuss Collective Bargaining. ROLL CALL. VOTE:
Ayes: 5 - Trustees Kenny, McInerney, Payovich, Savino and
Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Bartecki. Motion carried.
12. ADJOURNMENT: ADJOLtR:01ENT
Motion by Trustee McInerney, seconded by Trustee Kenny, to adjourn the
meeting at 10:56 p.m. VOICE VOTE.: Motion carried.
ATTES
da . Gonnella, C MC
Village Clerk
bot627
VILLAGE OF OAK BROOK Minutes Page 8 of 8 June 27, 1995