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Minutes - 07/23/1996 - Board of Trusteess r ^'„m,��,; -z;r -^ --c x,.,a..,µ- ,.,,.Y.•,t�, ,.y,q.,, „.. ��,4,,•,r�iM;'.t.�r.t+'yi�ry7"t• v,R.�r +f , C;".� i' �.� � �5 °�" r �, ,1r ^�, sr �wb,��'w,��x" �4 '.r�'�' S� F ( ?av�v1;'n+ �P'� t'Y� 4'. �. q� 2 t^ �'^ VILLAGE OF OAK BROOK Minutes JULY 23 1996 UNOFFICIAL UNTIL AP ROVED AS WRITTEN OR A ' NDED Y VILLAGE BOARD ON E 1, IMG CALL.: MEETING CALL The Regular Meeting of the Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Roam of the Village Commons at 7:32 p.m. Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL The Clerk called the roll Nvith the following persons PRESENT: President Bushy, Trustees Bartecki, McInerney, Payovich and Savino. Trustee Kenny arrived at 7:35 p.m. Trustee Shumate arrived at 7:36 p.m. ABSENT: None. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant to the Village Manager; Dale L. Durfey, Jr., Village Engineer; Tom Hawk, Director of Code Enforcement; Bruce F. Kapff, Director of Information Services & Purchasing; Richard D. Klatzco, Chief of Police; Darrell J. Langlois, Finance Officer/Treasurer; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Michael J. Meranda, Superintendent of Public Works; Robert Nielsen, Fire Chief/Building Commissioner; Bonnie Sartore, Bath and Tennis Club Manager; Trey VanDyke, Golf Club Manager; Library Commission Members Barbara Benezra, Roberta Petz and Anthony Ingrisano; Library Association Member Lucia Sutton; and Safety Pathway Committee Co- Chairman Connie Craig, and Members Tom Doyle and Ana Sisson. 3. ANNOUNCEMENT-SA OPEN FQRUM: ANNOUNCEMENTS AND President Bushy announced, due to the urgency of this issue, she wished to OPEN FORUM discuss DuPage County's consideration of a one - quarter (1/4%) percent sales tax increase. She testified., at the County Board meeting, or behalf of the Village of Oak Brook, in opposition to the proposed sales tax increase. T`he proposed increase was defeated by a vote of 5 -18. Commissioners in favor of the sales tax increase were Heap. Kotecki, Renfro, Schroeder and Stone. None of District 2 Commissioners had notified the Village of the proposed sales tax increase. President Bushy fiirther explained that she had spoken with DuPage County Board Chairman Franzen of the proposed removal of the pathway said left -turn VILLAGE OF OAK BROOK Minutes 1 of 14 July 23, 1996 - `°y,,�,;, 1�9, 'tip ".'% "`,,`,�,'+ar.H S. *1'sy 1,,.�.,,,`_ , s .. .y yr,..N�l ";= '1Y'..t; '};'tOG.r�•., ,i" •-; _ '�e,d, s}� �tvEw sv{+ ,r ',j` r ^" it v }^t, rr s M "Sg' rt�� t "y'* s+ � �� s, � r7;% $ ig" I� f bays from the Midwest Road expansion project. The Village of Oak Brook had not been notified of these proposed changes. She had zpoken with DuPa €,e County District 2 Commissioner O'Shea who stated the Brook Forest homeowners had requested these deletions. Roberta Arquilla, President of the Brook :sorest Community Association, had sent a letter to DuPage County Chairman Franzen requesting these deletions. President Bushy requested support from the residents of Oak Brook to include the pathway and the turn bays for the Midwest Road project. The Village has worked with the Park District and private entities to complete the pathway system. Midwest Road is the linchpin of the ewd re pathway system. She again publicly thanked Dr. Howard Trier for informing the Village Board of the proposed deletion of these two components of the Midwest Road expansion project. President Bushy recommended that any public support be gathered and presented at a DuPage County Board meeting. President Bushy asked for the Village Board's comments on this issue, and if they wished te, pursue this further. Trustee Kenny recommended the Village coordinate resident's comments on this issue. Trustee McInerney voiced concern of the safety impact of this issue. Village Manager Veitch stated the Village had programmed these improvements with the State and County to accommodate projected growth or changes, as the assumption was to be four lanes with protected tum lanes. Trustee Bartecki suggested a letter from the Village Board be sent to the DuPage County Board requesting the pathway and left -turn lanes be reinstated in the proposed roadway exi-,vmion of Midwest Road. The Village Board of Trustees concurred that a letter be sent from the Village Board to the DuPage County Board requesting the reim-tatement of the pathway and left -turn lanes for the Midwest Road project, listing their safety concerns and forward copies of the resident petitions in favor of this project as submitted by Dr. Howard Trier. Robert Dews and his son, Jason, 4 Devonshire Drive, Brook Forest residents, commented of their support of the pathway, as they use Midwest Road to ride their bicycles and find it diffictilt to travel on the loose gravel. Connie Craig, Co- Chairman of the Safety Pathway Committee, explained that Midwest Road is a vital link of the regional trail system connecting Elmhurst, Oakbrook Terrace and Villa Park. President Bushy reiterated the importance of the connectivity of the pathway system on Midwest Road. Mrs. Craig stated the resident survey indicated that the residents want the pathway system to be totally connected. VILLAGE OF OAK BROOK Minutes 2 of 14 July 23, 1996 a Tom Doyle, 7 Robin Hood Ranch, noted he will personally take time away from his work to appear before the DuPage County Board to express his sentiments of the importance of the pathway system in Oak Brook. Don Price, 3 Camelot Drive, requested the Village expedite any type of response to DuPage County with resident input and support. Motion by Trustee McInerney, seconded by Trustee Kenny, to direct the Village Attorney to prepare a resolution indicating the Village's full support of left -hand turn lanes and the pedestrian pathway of the Midwest Road expansion project from south of 31 st Street across from the Oak Brook Hills Hotel and the Saddle Brook area pathway to 22nd Street and forward the resolution to the DuPage County Board. VOICE VOTE: Motion carried. President Bushy noted the Village has a list of all of the DuPage County Board member's telephone numbers for interested Village Board members to contact them with their concerns. She will also discuss this as her article for the Village's newsletter to our residents. President B4zChy noted, for the record, that it is her opinion that the DuPage County staff is not promoting this change for the Midwest Road project, but that it is a political matter. Trustee Kenny suggested a form letter be developed for our residents to sign in support of the inclusion of the pedestrian pathway and turn lanes as a unified effort in this project. Trustee Bartecki recommended a letter or post card be sent with the Village newsletter. President Bushy stated the bulk of them should be returned tf the Village for a presentation to the DuPage County Board. Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the minutes of the Committee -of- the -Wlole Meeting of truly 8, 1996 as presented and waive the full reading thereof. VOICE VOTE: Motion carried with Trustee Shumate abstaining. Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the minutes of the Regular Meeting of July 9, 1996 as presented and waive the full reading thereof. VOICE VOTE: Motion carried. VILLAGE Oly OAK BROOK Minutes 3 of 14 July 23, :996 4 I eYl M 5. OMNIBUS AGENDA: Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the Omnibus Agenda. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. &,,PROVAL OF: BILLS - A. APPROVAL OF BILLS: Approved Omnibus Vote. $516,169.54 PAYROLL - B. APPROVAL OF PAYROLL,: Approved Omnibus Vote. $344,492.76(gross) C. CHANQE QP-,DERS,: No Business. D. PA MIS: PAYOUTS: 1. JAMES L-BEUS & ASSOCIATES - .PAYOUT #8 & ERIAL-- 22ND STREET/ 22N]2 SMEETIYQRK ROAD DESIQN - $1.119.89: Approved YORK ROAD Omnibus Vote. 2. JAMES 1, HFNES & ASSQC AJES - PAY-OUT # 10. - 1296 1996 PAVING PAVINQ PRQJECT - CQNSiR CTIQN INSEECTUN PROJECT $18-657,03- Approved Omnibus Vote. 3. CIVILTECH ENGINEEBMG - I!AYOIIT #18 - YQRK ROAD Yom ROAD BIKE TRAIL - PRELIMIN ENGUEEEJ-N—Q-- 1112,61: BIKE TRAIL Approved Omnibus Vote. 4. CIVILTECH ENGINEERINQ - PAYOUT #10 - YQRK/HARGERyORK/R&RGER BIKE TRAIL - PRELIM X T f7l TX TV- U- I BIKE TRAIL Approved Omnibus Vote. 5. JAMES D. FIALA PAVING CO. - PAYOUT #2 - 1226 PAVING 1996 PAVING RROJECT - INFRASTRUCTURE IEUND - $197,323,65: PROJECT Approved Omnibus Vote. 6. CAROW ARCHITECIS PLANNERS - PAY011I #3 - LIBRARYLIBRARY DESIGN DESIGN SERVICES - $2,595,00: Approved Omnibus Vote. SERVICES 7. INTERPLAN ERACTICE LTD - RAYOUT #7 - FIRE STATION FIRE STATION #2 #2 REMODELING - $1 279,98: Approved Omnibus Vote. REMODELING VILLAGE OF OAK BROOK Minutes 4 of 14 July 23, 1996 � ry u+ ♦ s E. F. O. H. , t 4P FE, RALS: 39-301. 4-10111142 11.0NO%X 1. PUBLIC. WORKS VMCLE REPLACEMENT - LMT 45 Approved Omnibus Vote. REFERRALS: WEGNER ( 3501 Adams) PRELIMINARY and FINAL PLAT OF SUBDIVISION WITH A FLOOD PLAIN SPECI.4.L USE THE SANCTUARY DEVELOPMENT COMPANY (ISTRA Oasis Property-So. of I -88 and W. of Meyers Rd.) FINAL PLAT OF SUBDIVISION UNIT #504 REPLA ' - MENT - Public Works ACCEPT AND- PLACE ON LL - TREAUMERMIE20-RI OF TREASURER'S REPORT JUhM,, 1996: Approved Omnibus Vote. jUNE, 1996 1996 /92 ILIMI MUNICIPAL LEAGUE MEMBERSHIP DUES: 1.996/97 ILLINOIS Approved Omnibus Vote. MUNICIPAL LEAGUE DUES - 5577.50 SO "If 0-0-jr4_19)TUXQUYR11 11" 4. M. A. =APPOI TMENTS: No Business. ! ` W111FAM Z3 s ._ President Bushy read in its entirety a resolution. commending John W. Craig for his service as a member of the 1?^:trd of Fire and Police Commissioners from December, 1993 through June, 1996. VILLAGE OF OAK BROOK Minutes W09 5of14 July 23, 1996 RES. 96- AP- 8--673 JOHN W. CRAIG Motion by Trustee Bartecki, seconded by Trustee Shumate, to pass Resolution 96 -AP -R -673 as presented. VOICE VOTE: Motion carried. Motion by Trustee Shumate, seconded by Trustee McInerney, to pass Resolution 96 -SD -R -674, ``A Resolution Approving The JFrnliminartc And Final Plat Of Subdivision Known As Malloy Resubdivision (11 Natoma Drive) ", as presented and waive the full reading thereof ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. RES. 96 -SD -R -674 MALLOY RESUBDIVISIOI PRELIMINARY AND FINAL PLAT OF SUBDIVISION (31 Natoma. Drive) Ina Lellayn The recommendation is that the Village Board pass an ordinance declaring certain vehicles as surplus and authorizing the DuPage Mayors and Managers Conference to sell such vehicles by public auction. The Village has been receiving replacement squad cars over the past number of months, and is now in the position to sell the old vehicles. In the past, when replacing squad cars, the Village normally accepted a nominal trade -in value offered by the supplier of the new squads. Our other options include the advertising by the Village for sale by sealed bid, or participation in the Mayors and Managers Conference public auction. Staff recommends the auction option as a means of obtaining a better, return on our used vehicles. The auction is scheduled for Saturday, September 7, 1996 at the College of DuPage, with bidding beginning at 10:00 a.m. Motion by Trustee Bartecki, seconded by Trustee McInerney, to pass Ordinance 96 -PP -S -850, "An Ordinance Authorizing The Sale By Public Auction Of Personal Property Owned By The Village Of Oak Brook ", as presented and waive the fijll reading thereof. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes 6 of 14 July 23, 1996 +ro 1115 "yt v 7 Mir s# l ,r � II Motion by Trustee Bartecki, seconded by Trustee Shumate, to pass Resolution 96 -AP -R -673 as presented. VOICE VOTE: Motion carried. Motion by Trustee Shumate, seconded by Trustee McInerney, to pass Resolution 96 -SD -R -674, ``A Resolution Approving The JFrnliminartc And Final Plat Of Subdivision Known As Malloy Resubdivision (11 Natoma Drive) ", as presented and waive the full reading thereof ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. RES. 96 -SD -R -674 MALLOY RESUBDIVISIOI PRELIMINARY AND FINAL PLAT OF SUBDIVISION (31 Natoma. Drive) Ina Lellayn The recommendation is that the Village Board pass an ordinance declaring certain vehicles as surplus and authorizing the DuPage Mayors and Managers Conference to sell such vehicles by public auction. The Village has been receiving replacement squad cars over the past number of months, and is now in the position to sell the old vehicles. In the past, when replacing squad cars, the Village normally accepted a nominal trade -in value offered by the supplier of the new squads. Our other options include the advertising by the Village for sale by sealed bid, or participation in the Mayors and Managers Conference public auction. Staff recommends the auction option as a means of obtaining a better, return on our used vehicles. The auction is scheduled for Saturday, September 7, 1996 at the College of DuPage, with bidding beginning at 10:00 a.m. Motion by Trustee Bartecki, seconded by Trustee McInerney, to pass Ordinance 96 -PP -S -850, "An Ordinance Authorizing The Sale By Public Auction Of Personal Property Owned By The Village Of Oak Brook ", as presented and waive the fijll reading thereof. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes 6 of 14 July 23, 1996 `T —W 'W, .( {�tq q, s Ayes: 6 - Trustees Bartecki, Denny, McInerney, Fayovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. r THE ME • B ►M r b MERGER BETWEEW 1 CABLEVISION9 INC. R•Q.. On February 27, 1996, Continental Cablevision, Inc. and U S WEST, Inc. entered into an agreement and plan of merger. U S WEST is a telecommunications organization that has built a comprehensive "Media Group" in order to respond to the changi telecommunications industry. As part of the McJia Group, Continental will continue to exist, and will operate and manage the cable system component in compliance with our existing franchise. However, legal control of Continental Cablevision will rest in U S WEST. Section XIV of our existing franchise agreement states that Continental Cablevision has the right to transfer the franchise "to another wholly owned subsidiary... or to the parent company, where no de facto change of ownership and control is affected..." Under the terms of the merger, U S VY'EST becomes the parent company with Continental as a wholly -owned subsidiary. Since Continental will continue to operate and manage the system, the transfer is consistent with the terms of the franchise agreement. Because the merger requires the formal approval of the various franchising authorities, Continental has submitted the required application (FCC Form 394) to staff for review. Based upon the application, staff has determined that U S ViTEST possesses the financial, technical and legal qualifications to warrant approval. Therefore, the recommendation is that the merger be approved. U S WEST has stated that the merger will improve its ability to provide entertainment, infomiation and communications services. In addition, Continental has stated that the merger will permit them to improve service to their customers. This is an important statement given to low level of satisfaction ratings received in the 1996 Citizen Survey for picture quality, audio quality and responsiveness of the cable company. The Village will be looking for improvement as a result of the merger. Motion by Trustee Savino, seconded by Trustee McInerney, to pass Ordinance 96 -CB -S -851, "An Ordinance Approving The Merger Between Continental Cablevision, Inc. And U S WEST, Inc. In The Village Of Oak Brook, IL ", as presented and waive the full reading thereof. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes 7 of 14 July 23, 1996 Llir'�`•."6'C!;�;°.f:X: +k4��'�a�: rri'�t�. a."v�Y'� ^;F�'yn'x:�, )Y;3'+r1 N,�r'E�` n.r ,t:�'.. �^Y� �n �i;`�64„�."' aBP;ik HSr•,•:k m„�. :,L, . .y.; �� , t g:'`�, r,� '�`1 � e , v — U 4 �!w'• - , ry ; � ` t2 �r r.^ �i.' �9Sfk}�i `T"i°- , y�»'�'i''.�" �• n y > 7t r 1' Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. D. DESIOINAMN QE SUE EQR EROMSED NEW LIBRARY: PROPOSED NEW LIBRARY SITE On July 5, 1996, Village Manager Veitch reported to the Village Board based on correspondence with the Park District Director and anticipated receipt of a letter from the Oak Brook Park District officially eliminating Central Park as a site for the Oak Brook Library. Staff had directed Jay Carow of Carow Architects Planners to focus on sites in the southern portion of the Sports Core. The report analyzed two locations: (i) immediately south of the south Sports Core parking lot; and (ii) in the area formerly occupied by the stables. While recognizing that development costs will be somewhat higher (due to the need to create parking facilities), the architect has recommended the site closer to Oak Brook Road for several reasons: 1. It conserver more of the open spaces of the Sports Core site. 2. It is preferable that the Library relate architecturally to its setting, and to Oak Brook Road, rather than to the other buildings on the Sports Core. 3. Convenience of access and visibi:ity from Oak Brook road. There were some aspects of the architect's recommendation that staff reviewed further before making their recommendation: 1. Access Roads. The architect's recommendation initially assumed that existing Bath and Tennis Drive would be abandoned. Staff agrees that it is desirable to maintain Bath and Tennis Drive as the principal entrance to the recreational facilities and replace the Field 3 road with a more formal and substantial entrance to the Library that would still provide a secondary access to the Bath, and Tennis Club area. 2. Stormwater Management. Village staff is satisfied that adequate opportunities exist to provide the neeessairy detention without harming the woodland or interfering with the Sports Core uses. 3. Effect of Parking Lot Cost on Project Budget. Staff recognized that the $1,600 per space cost estimate for parking might be somewhat low. However, assuming a higher unit cost, initial development of 66 parking spaces (about half of the number VILLAGE OF OAK BROOK Minutes 8 of 14 July 23, 1996 7r, contemplated by the site plan) represents less than 5 percent of total project cost. (This statement is based on the assumption that construction of dedicated parking is logically a part of the project cost for the Library, but that work on the access drives to the Sports Core is not. The 1996 -2000 Five -Year Financial Plan included $3.25 Million for this project. It is anticipated that the estimate of total project cost will be somewhat higher than this amount based on including in the estimate the costs of parking and technology that was programmed elsewhere in the Financial Plan, and based on the recommended building size (the Financial Plan assumed 20,000 square feet). The Library currently has only six parking spaces. Based on these aspe:is and the recommendation of our architect, staff requests that the Board designate the former stables area as the site of the proposed new Oak Brook Public Library. This action will respond to one of the questions about the project that is most often asked as voters seek to become informed in preparation for the November 5 advisory referendum, and will permit the architect to complete work on the concept design. Staff will request that the Board certify the ballot question for the referendum at one of the Board meetings during August. Trustee Kenny inquired if an additional nine holes of golf on the Sports Core property had been considered to be built. President Bushy explained that at the July Committee- of-the -Whole meeting, the long range plan was that any additional nine -hole golf course was not necessary. This had been originally proposed so that the Sports Core would have an 18 -hole dry golf course, but due to improvements in stormwater management by DuPage County, the potentiality of a significant flood at the golf course has been &amatically reduced. Trustee Shumate recommended the proposed Library be able to view Salt Creel: and not close to the roadway. He suggested keeping the facility as far west as possible without being in the floodplain and near the open field. Trustee Savino asked if the Village Green area could be purchased for a Library site as a central location to include an art and civic center for a small Village center. President Bushy indicated it would require the Village's purchase of the land at the current land value of an estimated $1,000,000. Village Manager Veitch stated it is approximately a two- and -a -half (2 1/2) acre site. The Village could not discuss this with the property owner if he would be a potential applicant before the Village Board. VILLAGE OF OAK BROOK Minutes 9 of 14 July 23, 1996 � x a< <q { � r ""'` � i as•¢ ^^ .,}. s�` ,M , .rt, r aMS, X1'n+'i "5 + {' �a n rmr� a> �,,� -b n w r` x'v •e "y'it s a3t �h�' k ti r `';'', `t f S +" ,S° ,. < ,� { ^rC B` 7 �r', >� ¢ t r.r�'` r�,$) iXy.N,+AI, ,`;�r q� s Trustee Savino inquired if the Park District would allow the Library site on their land. Village Manager Veitch explained the Oak Brook Park District is concerned for tree loss and parking, as our architects recommend a one -story Library facility. Trustee Shumate suggested a Library and a golf course facility be combined in one building with an auditorium. Trustee McInerney commented that the Oak Brook Park District will consider installation of an aquatic facility. This consideration would change the feasibility of building a library on their property. Library Director, Ruth Martin, explained the greater visibility and efficiency of a one -story Library facility with the option of eventually expanding to a two -story facility if deemed necessary. Three of the four architectural firms interviewed recommended a one -story Library. A two -story building is more expensive, requiring elevators and two sets of public restroom facilities. Village lVanager Veitch stated, before the November election date, the Village will have a concise site and conceptual drawing of the proposed Library. In speaking with Oak Brook Park District Director of Parks and Recreation, Roy A. Cripe, it is felt the Park District will not be able to accommodate the Village's request for a Library site due to the District's plans for Central Park, including the potential aquatic facility. Trustee McInerney supported Trustee Savino's suggestion of locating a Library as an anchor to draw our residents to a Village center with an access road to Oak Brook Road. Library Commission Chairman, Roberta PeM commented envisioning the proposed Library not to be contained in just four walls, but include a sculptured garden. Residents could contribute to its development. Dr. Howard Trier expressed his support for the stables site because of its proximity to Oak Brook Road and Butler Jr. High School, noting it is primarily the Jr. High students who would go to the Library without their parents. This site would be convenient and a safe location for the Library, as the smaller children would be driven by their parents. Motion by Trustee McInerney, seconded by Trustee Kenny, to designate the former stables area on the Oak Brook Sports Core as a "development bubble" for the proposed new Oak Brook Public Library pursuant to the recommendation of Carow Architects Planners. ROLL CALL VOTE: VILLAGE OF OAK BROOK. Minutes 10 of 14 July 23, 1996 A a J 11 OF 1o, ,g -:� a"" 77 x "r -^'.'xt.r'�°,;- %'�?xs� `r4 er^s x!, u� ''�; T- �„`;'pf� kv; .e"; 0 Y1'�1S ;m�a"�rrnr� wr �. oy } . .1 .: , _`�' k `i ;.i i , '-si, , _t•`7 , t nA t Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. A. Code Enforcement B. Engineering Department C. Finance Department D. Fire Department/EMS E. Information Services/ M. Purchasing F. Legal Department G. Library H. Library QUARTERLY REPORTS H. Planning & Zoning I. Police Department J. Public Works K. Recycling L. Risk Management M. Sports Core - Bath & Tennis and Golf N. Village Clerk All Quarterly Reports were discussed and accepted. wwvw The Plan Commission and Zoning Board of Appeals have both recommended approvals of a Special Use for "outdoor dining" for Stir Crazy Cafe and included the following conditions for the "outdoor dining„ Special Uses: 1. Said area shall be developed and used in substantial confornlity with said Exterior Cafe Seating Plan and access thereto shall be through Stir Crazy Cafe Oakbrook only. The outdoor dining area may be set up between April 15 and April 30 and may be removed between October 1 and October 15 for each year this Special Use Permit is in erect. Not more than 28 seats are permitted in said STIR CRAZY CAFE OAKBROOK LLC - SPECIAL USE - OUTDOOR DINING area. 2. All planter boxes delineating the dining area shall be securely mounted and weighted to provide a stable barrier. No signage (including banners) may be placed on the planters. 3. In October of each year this Special Use Permit is in effect, all outdoor equipment, including planters, shall be removed and plugs shall be placed in any holes in the sidewalk to return the area to the condition it was in prior to outdoor dining operations. VILLAGE OF OAK BROOK Minutes 11 of 14 July 23, 1996 lie tR L � ' 4. The restaurant operator shall be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable DuPage County Health Department requirements. 5. Not less than a five -foot sidewalk area for pedestrian traffile shall be maintained at all tunes as indicated on the aforementioned plan. 6. There shall be no music, dancing or other entertainment offered within the dining area. 7. The emergency egress gate shall open out only. Motion by Trustee Shumate, seconded by Trustee McInerney, to direct the Village Attorney to draft the necessary ordinance to grant Stir Crazy Cafe a Special Use to allow "outdoor dining" with the stipulation that the following conditional elements be incorporated into the ordinance: 1. Said area shall be developed and used in substantial :onformiity with said Exterior Cafe Seating Plan and access thereto shall ae through Stir Crazy Cafe Oakbrook only- The outdoor dining area may be set up between April 15 and April 30 and may be removed between October 1 and October 15 for each year This Special Use Permit is in effect. Not more than 28 seats are permitted in said area.. 2. All planter boxes delineating the dining area shall be securely mounted and weighted to provide a stable barrier. No signage (including banners) may be placed on the planters. 3. In October of each year this Special Use Permit is in effect, all outdoor equipment, including planters, shall be removed and plugs shall be placed in any holes in the sidewalk to return the area to the condition it was in prior to outdoor dining operations. 4. The restaurant operator shall be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable DuPage County Health Department requirements. 5. Not less than a five -foot sidewalk area for pedestrian traffic shall be maintained at all times as indicated on the aforementioned plan. 6. There shall be no music, dancing or other entertainment offered within the dining area. 7. The emergency egress gate shall open out only. VOICE VOTE: Motion carried. B. RECOMMENDATION RAC 208 MADISON - VARIATIONRACKE - S X -FQQT HIGH SQI,ID FENCE: (3708 Madison) - VARIATION - SIX -FOOT HIGH The Racke's wish to construct a six -foot high solid fence along a SOLID FENCE portion of their south lot line that abuts the 13ronswood Cemetery. VILLAGE," OF OAK BROOK Minutes 12 of 14 July 23, 1996 ti,4�`Gz, t^'`'c ,� "'y`rtf• `'('iCt'3 n, +s.:, v I' ^ " ,i''' ^...I ti-, s r �.,,r�,rr�r:;��4 `;s'•r.••• t-`. r, -Yl. -,zv, ie r,r'°Y t''sie°q �ti ,,r`^ v Mo f" The cemetery operator has indicated acceptance of this request and there has been no other public testimony either in support of or in opposition of the fence. The unique circumstance that the Racke petition relies on is the fact that their property abuts a cemetery which cannot be said for residential properties in general. Their objective is to screen the cemetery from view. The Zoning Board of Appeals, by a vote of 5 to 0, recommended approval of this variation as requested and based on the following: 1. The location of the cemetery immediately adjacent to this residential property constitutes a unique circumstance and hardship for the residential property. 2. The cemetery is for all intents and purposes a permanent land use. 3. The cemetery ownership has indicated they have no objection. 4. There will be no detrimental effect to the general public health and welfare. 5. It will not alter the general character of the area. Trustee Shumate voiced his concern and disagrees with the Zoning Board of Appeals approval of the fence variation. He stated it would set a precedent and that similar requests have been denied. He suggested to the applicant the installation of a plant barrier such as hawthorn bushes. Trustee Bartecki recommended alternative methods for concealing or screening an area as the use of a four -foot fence and landscape screening. Applicant, Tim Racke, addressed the Village Board of his request for a fence variation due to privacy and the location being a shadcd area, landscape would be difficult to grow. Motion by Trustee Shumate, seconded by Trustee Bartecki, to deny the requested variation to allow a six -foot high solid fence instead of the forty -inch maximum height and the minimum of fifty percent open as required by the Zoning Ordinance with reference to the site plan and fence sketch submitted. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, Mclnewmey, Payovich, Savino and Shumate. Nays: 0 - None. Absend: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes 13 of 14 July 23, 1996 0 ..�� &�� :Z � � yj t f' � � :n+r��R:'�FXtn' '.ki Yn� t t� � i 4•if�ly e'r�,1 •a��, Y ^ "i1: N'wKatr l'l� i' R F �, V' . , _ "74'} s � � _ r. a r?- "?' "' " „'`. 9i �,•taq � ��., �t"'y 'ay ;zr� 5 •'` ?,-. : �,�' _ +z i r AY ,ce ry tY r �' M � � _ +J � � , � � ! t! a ^, •Jx_"ir,Y ri��i. � � l” Vxr _ -ji � rri , Aa,a }�'�'�- =.;O r,`„'`;�:,�r. ! TV 44101M Village Attorney Martens presented to the Village Board a proposed resolution of the Village Board's request to reinstate the pedestrian/ bike path and left turn lanes for the Midwest Road expansion project. Village Attorney Martens read the resolution in its entirety. Motion by Trustee Shumate, -econded by Trustee Bartecki to adopt ResolutionRES . 96-BP -EXI - 96- BP-EXI -R -675, "A Resolution Supporting The Village Of Oak Brook's 5-675 Position That A Pedestrian/Bike Path And Left Turn Danes Be Included In The PEDESTRIAN /BIKE PAT L T TURN [IRN AATES Midwest Road Improvements ", as presented. ROLL CALL VOTE: TO BE AND LEFT AN Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and MIDWEST ROAD Shumate. DTROVE 4-MS Nays: 0 - None. Absent: 0 - None. Motion carried. 2 111 ! � ..! �._ 1 �v # t : Motion by Trustee McInerney, seconded by Trustee Bartecki, to adjourn the meeting at 10:35 p.m. VOICE VOTE: Motion carried. ATTEST: bot72396 VILLAGE OF OAK BROOK Minutes 14 of 14 July 23, 1996