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Minutes - 07/28/1998 - Board of Trusteeso is VILLAGE OF OAK BROOK Minutes ,1JLYY 2.1998 UNOFFICIAL UNTIL APPROVED AS WRITTEN OR AMENDED _ BY VILLAGE BOARD ON 4 �. 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. e. ........:.. The Clerk called the roll with the following persons PRI- SENT: President Bushy, Trustees Caleel, Kenny, MClnerney, Savino and Shumate. ABSENT: Trustee Bartecki. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Dale L. Durfey, Jr., Village Engineer; Tom Hawk, Director of Community Development; Debra J. Jarvis, Fire Chief/Building Commissioner; Bruce F. Kapff, Director of Information Services & Purchasing; Darrell J. Langlois, Finance Director/Treasurer; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Michael J. Meranda, Public Works Director; Allen W. Pisarek, Chief of Police; Bonnie Sartore, Bath and Tennis Club Manager; Trey VanDyke, Golf Club Manager; Gail Peterka. Communication Supervisor; Dr. Howard Trier and Kathy Mano {sky, Oak Brook Park District Commissioners; and Roy Cripe, Oak Brook mark District Parks and Recreation Director. Ted M. Kuper, Countryside, spoke to the Village Board for consideration of extending the opening time of the Golf Club from 6:00 a.m. to 5:45 a.m. Tee times begin at 6:00 a.m., and golfers would like to come in to the clubhouse before their tee time rather than having to wait outside. Village Manager Veitch will discuss this request with the appropriate staff. Dan Harrison, 17 Natoma Drive, addressed the Board of his concern of the surfas: a change of Spring Road prior to the intersection of Oak Brook Road. Village Manager Veitch explained that this section of Spring Road has not been resurfaced, as DuPage County will be replacing the road area in conjunction with the widening of Oak Brook Road. A warning sign could be installed before this area on Spring Road indicating rough road ahead. VILLAGE OF OAK BROOK Minutes 1 of 18 July 28, 1998 MEETING CALL ROLL CALL ANNOUNCEMENITS AND OPEN FORMi President Bushy distributed to the Board of Trustees a National League of Cities itinerary of an information technology conference in Dallas, Texas for any members who may wish to attend. 4. APP,OVAL, O� IXNjjIES: MINUTES Motion by Trustee Mcta:e*ney, seconded by Trustee Caleel, to amend the minutes of the Regular Meeting of July 14, 1998 on page 6, after Agenda Item 7.13.3. to read as follows and waive the full reading thereof "President Bushy asked the Village Board to consider Agenda Item 7.I1., "Golf Clubhouse Expansion - Preliminary Design ", at this point, as Item 7.H. needed to be addressed before consideration of Agenda Item 7. C.I ., "Final Design. And Construction Services -Golf Clubhouse "; and Agenda Item 8, page 18, to read: "Discussion at the DuPage Mayors and Managers and Metropolitan Mayors Caucus has centered around electrical service deregulation and the validity of service by Commonwealth Edison." VOICE VOTE: Motion carried. Motion by Trustee Caleel, seconded by Trustee Savino, to approve the Omnibus Agenda. ROLL CALL, VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion +parried. APPROVAL OF: BILLS -- A. APPROVAL OF BILLS: Approved Omnibus Vote. $477,809.69 B. APPROVAL GF PAYROLL EOM PERT D FANG PAYROLL - .JULY 11. 1998: Approved Omnibus Vote. $387,176.23 (gross C. CKANc'�F ORDERS: None. D. EAYO S: PAYOUTS: 1) PENTAMATION - PAYOUT #1 -COMPUTER SYSTEM- COMPUTER Approved Omnibus Vote. SYSTEMS E. REFIiRMALS: None. 1) 1298 DRAINAQE PRQJECI Q• fat. Q• ". w 1998 DRAINAG 7-2 ROYAL VALE 1291YEO 13-14 MEADQWQQD-12BI PROJECT Approved • • VILLAGE OF OAK BROOK Minutes 2 of 18 July 28, 1998 'M -- r 77,777 is 0 • , Approved Vote. EQUIP. LIP GRADE: •t Omnibus Vote. • ; _ •� :w r ••; SAFETY • •` PATHWAY RQA12 03Y YOM LAKE S11BD VISION)- YQRK ROAD (BY GATEWAY SLT[jD1VISIQN): Approved Omnibus Vote. JUNE. 1298,: Approved Omnibus Vote. QRILL: Approved Omnibus Vote. A. APPOINTMENTS: No Business. Chapter 7 of the Code of Ordinances enumerates the fees and services at the Oak Brook Library. Previously, it has listed the specific price of Library cards for nonresidents which is set according to the formula established by State law and changes annually. The ordinance changes the wording to "Established by State law" and matches the other fees and services to those enumerated in the Library's General Policy. By approving this ordinance, the Board will need to approve revisions to Chapter 7 only when there are revisions to the G=eneral Policy. Motion by Trustee Caleel, seconded by Trustee Savino, to pass Ordinance 98- LY- Gr614, "An Ordinance Amending Chapter 7 Entitled "Library" Of The Code Of Ordinances Of The Village Of VILLAGE OF OAK BROOK Minutes 3 of 18 July 28, 1998 TREASURER'S REPORT -JUNE, 1998 REJECT BID - BATH & TM- I S CLUB OUTSIDE GRILL ORD. 98 -LY -G -614 AMEND CHAPTER 7 ENTITLED "LIBRARY" �. ► ... •. ►.. ,r • 0. • • Chapter 7 of the Code of Ordinances enumerates the fees and services at the Oak Brook Library. Previously, it has listed the specific price of Library cards for nonresidents which is set according to the formula established by State law and changes annually. The ordinance changes the wording to "Established by State law" and matches the other fees and services to those enumerated in the Library's General Policy. By approving this ordinance, the Board will need to approve revisions to Chapter 7 only when there are revisions to the G=eneral Policy. Motion by Trustee Caleel, seconded by Trustee Savino, to pass Ordinance 98- LY- Gr614, "An Ordinance Amending Chapter 7 Entitled "Library" Of The Code Of Ordinances Of The Village Of VILLAGE OF OAK BROOK Minutes 3 of 18 July 28, 1998 TREASURER'S REPORT -JUNE, 1998 REJECT BID - BATH & TM- I S CLUB OUTSIDE GRILL ORD. 98 -LY -G -614 AMEND CHAPTER 7 ENTITLED "LIBRARY" Ll Oak Brook ", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent.: 1 - Trustee Bartecki. Motion carried. • • 1 • • • The Library's General Policy was adopted in August, 1994. Serving Our Public: Standards for Illinois Public Libraries requires and this policy provides for a biennial review. 'The ordinance includes an updated mission statement. The form is in keeping with Pianning for Results, the Public Library Association planning and development tool which replaced Role Setting for Public Libraries in 1997. The previous statement used the role identification model. The other substantive change is in Section III, letter D which sets a policy for the length of time children may be left at the Library without caregiver attention. Other changes are minor and meant to clarify existing policy or match wording between the General Policy and Chapter 7 of the Village's Code of Ordinances. The Library Commission has reviewed these proposed changes and adopted them at their meeting on July 14, 1998. Motion by Trustee Caleel, seconded by Trustee McInerney, to pass Ordinance 98 -LY -EX 1 -S -907, "An Ordinance Adopting A Revision Of The General Policy For The Oak Brook Free Public Library ", as pre: ---nted and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion canned. .•. ::o;. t :... r..�••.. �.. The Library is in the process of making the Internet publicly accessible to Oak Brook Library users. It is in the best interest of the Village and the Library to have a written policy which computer users must read before given access to the equipment. This policy lists what may and may not be done on and with Village -owned VILLAGE OF OAK BROOK Minutes 4 of 18 July 28, 1998 ORD. 98- LY —EX1- S -907 REVISION OF GENERAL POLICY FOR LIBRARY ORD. 98— LY —E1- S -908 POLICY FOR USE OF I BLIC ACCESS COMPUTERS AND ELECTRONICALLY — DELIVERED INFOR- MATION FOR LIBRARY ane �..� • ' _., 141 �.: , • w • , ,. • The Library's General Policy was adopted in August, 1994. Serving Our Public: Standards for Illinois Public Libraries requires and this policy provides for a biennial review. 'The ordinance includes an updated mission statement. The form is in keeping with Pianning for Results, the Public Library Association planning and development tool which replaced Role Setting for Public Libraries in 1997. The previous statement used the role identification model. The other substantive change is in Section III, letter D which sets a policy for the length of time children may be left at the Library without caregiver attention. Other changes are minor and meant to clarify existing policy or match wording between the General Policy and Chapter 7 of the Village's Code of Ordinances. The Library Commission has reviewed these proposed changes and adopted them at their meeting on July 14, 1998. Motion by Trustee Caleel, seconded by Trustee McInerney, to pass Ordinance 98 -LY -EX 1 -S -907, "An Ordinance Adopting A Revision Of The General Policy For The Oak Brook Free Public Library ", as pre: ---nted and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion canned. .•. ::o;. t :... r..�••.. �.. The Library is in the process of making the Internet publicly accessible to Oak Brook Library users. It is in the best interest of the Village and the Library to have a written policy which computer users must read before given access to the equipment. This policy lists what may and may not be done on and with Village -owned VILLAGE OF OAK BROOK Minutes 4 of 18 July 28, 1998 ORD. 98- LY —EX1- S -907 REVISION OF GENERAL POLICY FOR LIBRARY ORD. 98— LY —E1- S -908 POLICY FOR USE OF I BLIC ACCESS COMPUTERS AND ELECTRONICALLY — DELIVERED INFOR- MATION FOR LIBRARY equipment. Copies of the policy and procedures will be given to each person registering to use the equipment and will be posted by the Public Access Computers. The Library Commission and staff researched this policy. The Commission has reviewed it and adopted it at the July 14, 1998 meeting. Motion by Trustee Calee.l, seconded by Trustee Kenny, to pass Ordinance 98 -LY -E I - S -90F,, "An Ordinance Adopting A Policy For Use Of Public Access Computers And Electronically- Delivered Information For The Oak Brook Free Public Library ", as presented and waive the full reading thereof. Trustee Savino questioned the use of filters for electronically blocking, undesirable sites for Library users on the Internet. He noted this had not been included in the proposed ordinance as had been previously agreed upon by our Library Director and most members of the Village Board. Library Director Martin explained that the filters are not presently adequate at this time. Staff considered many of these options but have not found them to adequately protect sites. Staff will guide users in accessing the Internet rather than limiting them. Director Martin explained that a single site has been designed for Internet use on the second floor of the Library that is visible from the Resource Desk. She indicated that the Library does not have the right to filter a communication tool that is used by adults. The Communications Decency Act was struck down by a United States Supreme Court ruling that filtering is not allowable. In the case of minors, filtering is allowed, but presen ►'y the Library only has one area designated for Internet access by all users. She stated it is a parental responsibility to monitor dieir children's activities in our Library. The Library Commission discussed this thoroughly and reviewed policies throughout the country and northern Illinois. This was their recommendation not to filter. Trustee S -vino commented that he did not agree with this recommendation nor the American Library Association's decision not to monitor nor filter Internet access and would not support the proposed ordinance. Library Director Martin suggested that a toggle switch for filters may be designed for a Reference Librarian. Senate Bill 1619 is presently addressing this problem. Trustee Shumate recommended, for children under the age of 18, parental consent to access the Internet. President Bushy inquired if a time limit has been designated for this use. Library Director Martir specified that users must abide by our VILLAGE OF OAK BROOK Minutes 5 of 18 July 28, 1998 Library police and procedures. The procedures state that users are designated a thirty minute session and may continue use after thirty minutes if no orte is waiting. They will be given ten minutes to exit the Internet. These procedures are not included in the Library policy so that it may be changed if the time allotments need to be ?.gusted. President Bushy asked if a user caused any damage to the equipment is there a fine or punishment to occur. Library Director Martin explained that Point # 20 of their procedures indicates that failure to comply ,Mth Oak Brook Public Library policies and procedures will cause the user session to terminate. If damage occurs, it is treated as misuse of any Library material and they are responsible for payment of repair. Trustee Shumate asked if a list of users would be kept. Director Martin commented that a registration form is used. The name and address must be completed, filed and the user completes an Internet tutorial demonstration. If the user is under the age of 18, this form requires a parent signature. An Oak Brook Library card is not required for Internet use, as many users are from our commercial sector and the Library would like to offer this activity to them. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and Shumate. ?'Jays: I - Trustee Savino. Absent: 1 - Trustee Bartecki. Motion carried. THE OAK :iO• A 2.0161 UV M01 WMI WE 14 The Village Board, at its meeting of August 8, 1995, passed Ordinance 95 -PP -S -827 declaring the Tennis Dome and certain associated equipment surplus and authorizing the Village Manager to seek proposals for its purchase., The current proposal from Air Structures is the only solid proposal received to date. The only other negotiation that held some promise was begun in 1995, but was terminated by the prospective buyer in 1997. Earlier this year Purchasing Director Kapff requested, and received the assistance of Yeadon Fabric Domes, the manufacturer, in marketing the Village's Dome. A number of VILLAGE OF OAK BROOK Minutes 6 of 18 July 28, 1998 0 0 leads were developed, but only the current proposal has progressed to a solid offer. The proposal from Air Structures offers to purchase, take down and remove the Village's Dome from the site for a price of $37,500. The sale would include the Dome and all associated mechanical. lighting and other equipment. They desire to remove the Dome %% ithin a few weeks of authorization, as a site on the East Coast is being prepared in anticipation of the purchase. L :reviewing the proposal, it is worth noting that the final revioval and disposal of the Dome (afler its useful life) is estiu *gated to cost $15,000, and would be avoided as a result of the Aga Structure purchase. Also to consider is the $10,000 to $20,000 annual operating loss of the Dome, which until now has been covered by other Sports Core Fund revenues and would be avoided by selling the Dome. President Bushy observed that the Tennis Dome was initially installed to provide more activities during the winter season and to provide a different playing surface for its users. It was in the process of being discussed by the Village Board of Trustees when a staff member informed the Board that it had been manufactured and was being delivered to the Village. That staff member is no longer employed with the Village, as a v -endor contract had not been signed by the Village President but by the former employee. The Village Board, at that time, determined the Village would accept, the Dome. During that winter, the Dome's concrete base broke and the Dome collapsed. Trustee Shumate assisted the Village in obtaining contractors to repair the foundation. The original intention of the Tennis Dome was to remove it from the property during the summer months. The original estimate of the cost of removal was inaccurate, and the cost later found to be much higher. Shortly thereafter, the Village Board determined that the Tennis Dome was surplus property and authorized staff'to solicit offers. The Tennis Dome has never had a marketed year and, in spite of this, it has begun to do well. The tennis players have never had a year in v�hich they knew court time would be available during the winter months without the possibility of it being sold midseason. A petition has been received from Village , ;, -)idents who wish to have the Tennis Dome remain. Several issues need to be addressed, such as the 1995 ordinance declaring the Tennis Dome to be surplus property and a proposal from Air Structures to purchase the Dome for VILLAGE OF OAK BROOK Minutes 7 of 18 July 28, 1998 $37,500. The book value of the Dome is considerably more than the otTer, and the Village would still have to address the debt on the Dome. President Bushy asked the Village Board for their comments and direction. President Bushy read into the record a written comment received from Trustee Bartecki, since he was unavailable this evening: "There is enough support to keep the bubble operating as long as it meets its annual operating costs (which I am told it does). Whether we remove it or not, the debt service remains. I would also suggest we make a commitment to keep it operating for at least a three -year period to give users enough time to commit to the facility. If we see there is a problem after three years, we can review the situation again at that time. The current selling price being quoted does not warrant any immediate sale as long as interest in the facility remains at or above current levels." Trustee Kenny asked if the Village retained the Tennis Dome for a period of time, would it be realistic that the Village could pay down the debt. Trustee McInerney noted the Village Board received information several weeks ago that the average annual revenue of the Tennis Dome has been approximately $96,000. The average loss, prior to debt service, is $25,000 with an accumulative loss, including debt service, of $285,000 over a five -year period. The Village is not a taxing body 'ike the Park District, and cannot subsidize programs to such an extent. This would still fall short of a revenue neutral program offered by the Park District. He suggested that the Tennis Dome has never paid its operating expenses but has come closer recently. Trustee Savino noted there are five years remaining of the debt service, which is approximately $35,000 annually. This totals $175,000. The $37,500 offer would at least cover one year's debt service. He further suggested the Village Board needs to address the removal and inflation of the Tennis Dome, or a fire suppression system, and the aesthetics of the site. He commented, from an aesthetic viewpoint, that the Tennis Dome does not belong in the Village of Oak Brook. Trustee Caleel asked if the Dome needs to be sprinklered. Village Manager Veitch explained that if the Dome is dismantled during the summer, then it not considered a permanent structure as he understands the interpretation of the applicable code. If it remains standing year round, then it would be required to have sprinklers. If the 'Village determines to continue its use, then it must be determined VILLAGE OF OAK BROOK Minutes 8 of 18 July 28, 1998 7777 7:A_ 777, y a r � a ! whether to install sprinklers or dismantle the facility during its off season. Staff has learned that the Wheaton Park District is able to deflate their dome, detach it from its foundation, fold it and tarp the site. They have not experienced any ill affects on their dome. This method is far less expensive than having to remove it from the site. This would allow the Village to avoid the fire suppression issue and have it dismantled during the off season. The only other issue to address would be the occupancy in excess of 50. Some sort of permanent support structure must be placed in the Dome if this were to occur. Our use patterns do not approach that figure, and it would be feasible to prevent this. Our Public Works, Sports Core staff and supplemental manpower, if needed, could be utilized for annual removal and inflation of the Dome. President Bushy noted that energy costs would be reduced once the facility is dismantled during the summer months. Village Manager Veitch remarked that the courts would be open to the weather conditions during the summer months which would require incurred costs for reconditioning the courts for play. Village Manager Veitch summarized the Tennis Dome has come close to covering its operating expenses. He suggested with the energy costs saved during the summer months and more confident marketing, the Village could cover its operating costs. Trustee Savino stated that the Village should not provide indoor tennis at a loss, as the Park District offers this program and the Village has no experience with dismantling and inflating the Dome. President Bushy noted the Dome has been on the ground twice and is easy to clean. Repairs to the Dome are relatively simple and not expensive. Trustee Shumate stated he agrees that the Dome has never been marketed for a year nor landscaped. He agreed with Trustee Savino that it is not aesthetically attractive. Other acf vities on -the Sports Core are subsidized, and he considers the facility as a service to our residents. Trustee Caleel noted that the Village would still have the debt service if sold and recommended that a period of time be offered for its continued use. President Bushy acknowledged Oak Brook Park District Board commissioners, Dr. Harold Trier and Kathy Manofsky, and Parks and Recreation Director, Roy Cripe. Dr. Trier indicated that the Park District would not install soft courts if the Tennis Dome were to close. He asked the Board to consider the same fee the Park District VILLAGE OF OAK BROOK Minutes 9 of 18 July 28, 1998 /1 �,7'^^ .$ra:.'Tr 2 - - 0 0 charges its resident members: $100.00 season membership fee plus court time fees. Harold Scott, former employee of the Park District, reported that the District's tennis fee structure is $16.00 per hour from 6:30 a.m. and increases to $24.00 to 10:00 p.m. A $7.00 guest fee also is assessed, plus court time i �e. There are times when they are over capacity but not that frequently. Motion by Trustee Caleel, seconded by Trustee Shumate, to reject the proposal from Air Structures in the amount of $37,500 to purchase the Tennis Dome. George M. Hahn, 66 Greenleaf, Timber Trails, commented that he was the initiator of the petition to keep the Tennis Dome. He asked for a clarification from the Park District that their facility is at full capacity during the six months of the winter time. He stated the Tennis Dome petition does not represent all the users, and the number is larger which would indicate a lesser amount of subsidy per resident. Dr. Raymond Dunn, 208 Indian Trail Road, asked why the Village is in competition with the Park District, and why the Park District is in competition with the Village. He asked the Village Board to consider the bid, as another one may not be received for the purchase of the Dome. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, Shumate and President Bushy. Nays: 2 - Trustees McInerney and Savino. Absent: 1 - Trustee Bartecki. Motion carried. Motion by Trustee Shumate, seconded by Trustee Savino, to repeal Ordinance 95 -PP -S -827 and continue operation of the Tennis Dome and market its sale. President Bushy requested consideration by the Board of Trustees to specify that the Tennis Dome would not be available for delivery until a specific date. If an offer is accepted during that playing season, the Dome would not be delivered until such date. This would give staff the opportunity to offer a full season of operation. Trustee Caleel asked this be included as an addendum to the original motion. VILLAGE OF OAK. BROOD Minutes 10 of 18 July 28, 1998 - - c s ±r v , .: ..,—. .�...5...,T,'s,.,w.,......,..•v _ ,. e, �•r +�r.:,. ,... u r -r 'S-.; 's ?:e. ay k�'. 3^� ,.k'?° Bath and Tennis Club Manager Sartore indicated that staff' .,ds sold court time in two sessions at this point, and it has been successful. Permanent court time ceases the first week in May of each year. Trustee Shumate suggested continue operation of the Tennis Dome for a period of two years, market its sale with the proviso that delivery occur the second week in May and if not sold, that it be dismantled for the off season. Trustee Savino requested the motion include the facility be finally dismantled at a date certain in the future, perhaps two or three years. Trustee Kenny voiced a concern to set a deadline for closing the facility. The Village Board could face two hundred residents next time who wished that it remain. He asked that the usage of the facility be reviewed after it has been marketed successfully for a year. Purchasing Director Kapff asked the Village Board for a recommended minimum bid for the structure and equipment. Village Manager Veitch noted the book value of the structure is currently about $72,000. Trustee Savino withdrew his request for amending the motion. Edward McElroy, 33 Robin Hood Ranch, asked if the Tennis Dome could be a mixed -used facility, as an indoor driving range. Golf Club Manager VanDyke indicated the facility is too small for this 'type of activity, and that the new Golf Clubhouse will be able to operate more on a year round - basis. Motion by Trustee Shumate, seconded by Trustee Savino, to revise the earlier motion and to continue operation of the Tennis Dome, with the structure deflated during the summer months and then resurrected for its winter operation, market its sale with a minimum bid of book value, with the stipulation that the delivery occur during the spring or summer. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, Shumate and President Bushy. Nays: 2 - Trustees McInerney and Savino. Absent: 1 - Trustee Bartecki. Motion carried. C. AWARD OF CONTRACTS: No Business. VILLAGE OF OAK BROOK Minutes 11 of 18 July 28, 1998 -.. Y,, i•�u`N:F i. mss',. '�'�v:•'Yt7 :4 A. Communications Center B. Community Development C. Engineering Department D. Finance Department E. Fire Department /EMS F. Information Services/ Purchasing G. Legal Department H. Library 1. Police Department J. Public Works K. Recycling L. Risk Management M. Sports Core - Bath & Tennis and Golf N. Village Clerk All Departndental Quarterly Reports were discussed and accepted as presented. Trustee Shumate commended the Engineering Department for the road improvement project in the Saddle Brook Subdivision. He requested a street sweeper clean the subdivision streets, as lose gravel from the new surface is on the roadway. Village Manager Veitch explained that a few sweeps will be required from lose gravel due to the new road surface. President Bushy acknowledged the new Citizen Police Academy initiated by our Police Department for interested persons. It will be held on Wednesday evenings, and interested residents may contact the Oak Brook Police Department for further information. Public Works Director Meranda noted that last Sunday was this summer's largest intake of Lake Michigan water from the Du Page Water Commission - 7.6 million gallons. This was more than double our normal daily usage. President Bushy asked if sprinkling enforcement will be monitored. Public Works Director Meranda stated that it will occur if we do not have rain soon. President Bushy explained that the DuPage Water Commission is part of a treaty with the United States government and Canada regulating potable water from Lake Michigan. The Village must follow their regulations of water usage. President Bushy recessed the meeting at 9:23 p.m. The meeting convened at 9:42 p.m. 611119101-051=10 MOW.-T41 Me, me 1 -1 Discussed at the Regular meeting of June 23, 1998. VILLAGE OF OAK BROOK Minutes is 12 of 18 July 28, 1998 QUARTERLY REPORTS BARBARA. - APPEAL OF BUILDING INSPECTOR DETERMINATION & TEXT AMENDMENT - FENCE DEFINITION (25 Breakenridge) A. Communications Center B. Community Development C. Engineering Department D. Finance Department E. Fire Department /EMS F. Information Services/ Purchasing G. Legal Department H. Library 1. Police Department J. Public Works K. Recycling L. Risk Management M. Sports Core - Bath & Tennis and Golf N. Village Clerk All Departndental Quarterly Reports were discussed and accepted as presented. Trustee Shumate commended the Engineering Department for the road improvement project in the Saddle Brook Subdivision. He requested a street sweeper clean the subdivision streets, as lose gravel from the new surface is on the roadway. Village Manager Veitch explained that a few sweeps will be required from lose gravel due to the new road surface. President Bushy acknowledged the new Citizen Police Academy initiated by our Police Department for interested persons. It will be held on Wednesday evenings, and interested residents may contact the Oak Brook Police Department for further information. Public Works Director Meranda noted that last Sunday was this summer's largest intake of Lake Michigan water from the Du Page Water Commission - 7.6 million gallons. This was more than double our normal daily usage. President Bushy asked if sprinkling enforcement will be monitored. Public Works Director Meranda stated that it will occur if we do not have rain soon. President Bushy explained that the DuPage Water Commission is part of a treaty with the United States government and Canada regulating potable water from Lake Michigan. The Village must follow their regulations of water usage. President Bushy recessed the meeting at 9:23 p.m. The meeting convened at 9:42 p.m. 611119101-051=10 MOW.-T41 Me, me 1 -1 Discussed at the Regular meeting of June 23, 1998. VILLAGE OF OAK BROOK Minutes is 12 of 18 July 28, 1998 QUARTERLY REPORTS BARBARA. - APPEAL OF BUILDING INSPECTOR DETERMINATION & TEXT AMENDMENT - FENCE DEFINITION (25 Breakenridge) H. Library 1. Police Department J. Public Works K. Recycling L. Risk Management M. Sports Core - Bath & Tennis and Golf N. Village Clerk All Departndental Quarterly Reports were discussed and accepted as presented. Trustee Shumate commended the Engineering Department for the road improvement project in the Saddle Brook Subdivision. He requested a street sweeper clean the subdivision streets, as lose gravel from the new surface is on the roadway. Village Manager Veitch explained that a few sweeps will be required from lose gravel due to the new road surface. President Bushy acknowledged the new Citizen Police Academy initiated by our Police Department for interested persons. It will be held on Wednesday evenings, and interested residents may contact the Oak Brook Police Department for further information. Public Works Director Meranda noted that last Sunday was this summer's largest intake of Lake Michigan water from the Du Page Water Commission - 7.6 million gallons. This was more than double our normal daily usage. President Bushy asked if sprinkling enforcement will be monitored. Public Works Director Meranda stated that it will occur if we do not have rain soon. President Bushy explained that the DuPage Water Commission is part of a treaty with the United States government and Canada regulating potable water from Lake Michigan. The Village must follow their regulations of water usage. President Bushy recessed the meeting at 9:23 p.m. The meeting convened at 9:42 p.m. 611119101-051=10 MOW.-T41 Me, me 1 -1 Discussed at the Regular meeting of June 23, 1998. VILLAGE OF OAK BROOK Minutes is 12 of 18 July 28, 1998 QUARTERLY REPORTS BARBARA. - APPEAL OF BUILDING INSPECTOR DETERMINATION & TEXT AMENDMENT - FENCE DEFINITION (25 Breakenridge) All Departndental Quarterly Reports were discussed and accepted as presented. Trustee Shumate commended the Engineering Department for the road improvement project in the Saddle Brook Subdivision. He requested a street sweeper clean the subdivision streets, as lose gravel from the new surface is on the roadway. Village Manager Veitch explained that a few sweeps will be required from lose gravel due to the new road surface. President Bushy acknowledged the new Citizen Police Academy initiated by our Police Department for interested persons. It will be held on Wednesday evenings, and interested residents may contact the Oak Brook Police Department for further information. Public Works Director Meranda noted that last Sunday was this summer's largest intake of Lake Michigan water from the Du Page Water Commission - 7.6 million gallons. This was more than double our normal daily usage. President Bushy asked if sprinkling enforcement will be monitored. Public Works Director Meranda stated that it will occur if we do not have rain soon. President Bushy explained that the DuPage Water Commission is part of a treaty with the United States government and Canada regulating potable water from Lake Michigan. The Village must follow their regulations of water usage. President Bushy recessed the meeting at 9:23 p.m. The meeting convened at 9:42 p.m. 611119101-051=10 MOW.-T41 Me, me 1 -1 Discussed at the Regular meeting of June 23, 1998. VILLAGE OF OAK BROOK Minutes is 12 of 18 July 28, 1998 QUARTERLY REPORTS BARBARA. - APPEAL OF BUILDING INSPECTOR DETERMINATION & TEXT AMENDMENT - FENCE DEFINITION (25 Breakenridge) Trustee Savino explained that the Appeal of the Building Inspector's Determination has not been heard by the Zoning Board of Appeals pending the Village Board's determination on the text amendment. The Plan Commission, by a vote of 6 to 0, recommended changing the definition of a fence to read: "Fence - a structure having a structure height greater than 28 inches and used to delineate a boundary or as a barrier or as a means of confinement or for confinement." This would permit solid fence structures up to 28 inches to fall outside the definition of a fence. They reduced the height from 36 inches to 28 inches as originally proposed by the petitioner. This change would still allow the petitioner to have his architectural landscape feature as currently built. The Zoning Board of Appeals, by a vote of 5 to 0, concurred with the Plan Commission recommendation, and both referring bodies found the text amendment proposal in keeping with the factors to be considered for such amendments. Motion by Trustee Savino, seconded by Trustee McInerney, to authorize Village Attorney Martens to draft the necessary ordinance to revise the definition of a `fence" as recommended by the Plan Commission and Zoning Board of Appeals. Trustee Savino commented that a fence is required to be 50% open. Director of Community Development HE-vk clarified that there are presently landscape timbers, stone and short retaining walls in the Village, that with are current definition, could be considered a fence. It is a judgmental decision by our Building Inspectors to classify these architectural structures. Trustee Caleel noted the Barbara masonry is attractive, but he wished to specify what zoning districts would allow such structures. Trustee Kenny suggested that a definition of a masonry or stone structure with a height of 28 inches be implemented and other variations be addressed when necessary. Trustee Shumate recommended that the ordinance remain as stated, as this change would set a precedent. He concurred with Trustee Bartecki's comment that this project should have been properly communicated through our Building Department, and this structure would not have been built. Any change to the ordinance would set a precedent, and the structure should be modified to conform to the Village's definition of a fence. VILLAGE OF OAK BROOK Minutes 13 of 18 July 28, 1998 4 ,. . .i . Dr. Raymond Dunn, 208 Indian Trail Road, recommended that an appearance commission or Building Department personnel approve petitions for fences in Oak Brook. Village Attorney Martens indicated that homeowner associations have architectural review committees, and that it is more difficult for a public entity to set standards and sustain them in the courts. It remains more within the private domain of the covenants of homeowner associations. Robert Waite, 3609 Madison, asked the Village Board not to regulate the aesthetics of a fence and allow the fence to remain as built. Dr. Michael Forutan, 21 Natoma Drive, suggested that the Board either modify the ordinance to allow this fence and let everyone else install such a fence or force the petitioner to modify his fence to be in compliance with the present ordinance. i John Brechin, representing the petitioner, suggested that the structure does not fit the definition of a fence as stated in the ordinance. The fence does not delineate the property, wrap around the entire border of the property or confine anything. He asked that some type of defuiitive answer be given as soon as possible so whatever work could be completed during this landscape season. Trustee Kenny remarked that the most expeditious approach Haight be to allow the Zoning Board of Appeals to make their decision on the Appeal. If, in fact, it is found that it is not a fence within the definition of the ordinance, then it renders the text amendment moot. Attorney Brechin pointed out that a lack of a minimum height in the definition of a fence would mean that future situations would continue to require interpretations. They wanted to give more precision to the definition of a fence so there would be some definitive guidance as to what is a fence. An appeal would address their issue. It wouldn't necessarily resolve issues that may arise in the future. President Bushy agreed with Trustee Kenny that one method would be for the Zoning Board of Appeals to consider the appeal and then, as a separate issue, have the Zoning Board of Appeals and Plan Commission discuss this as a philosophy rather than addressing a specific application. VILLAGE OF OAK BROOK Minutes 14 of 18 July 28, 1998 , . Trustee Savino restated president Bushy's request that the Zoning Board of ,appeals det°n-nine the Appeal of the Building Inspector's decision before the Viliagv Board reviews the Village's definition of a fence. If the Zoning Board of Appeals ruses that the Building Inspector is correct in his determination in this matter, then this will be again presented before the Village Board in its same form. Village Manager Veitch clarified the decision of the Zoning Board of Appeals. The appeal of the determination of the Building Official is final and will not come before the Village Board. If the Building Official determination is upheld, then the Village Board would be faced with the same text amendment issue. Trustee Savino asked Director of Community Development Hawk to consider any recommendations to the Village Board on how the inspectors could handle timbers and other structures in the form of fences, since staff has not considered theft. as fences. Director of Community Development Hawk suggested the structure height provision resolved this issue without defining the type of structure. President Bushy read into the record Trustee Bartecki's written comment: "I have spent a lot of time thinking about this petition and after careful consideration have concluded that the structure in question is a fence and needs to be reduced or changed to meet our Code. The only alternative would be to open the fence ordinance, which I do not want to do. I feel this entire issue was avoidable if the contractor properly communicated with the Village, and consequently will not be pushed into making a change because the structure has already been build." President Bushy suggested that some of the sections of the brick wall could be removed so that it would not fall into the definition of a fence. ROLL CALL VOTE: Ayes: 2 - Trustees McInerney and Savino. Nays: 3 - Trustees Caleel, Kenny and Shumate. Absent: 1 - Trustee Bartecki. Motion failed. Village Attorney Martens suggested that to complete the discussion of the text amendment request, a motion to deny would be in order. Motion by Trustee Caleel, seconded by Trustee Shumate, to deny the request to revise the definition of a "fence" as recommended by the Plan Commission and Zoning Board of Appeals. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, Shumate and President Bushy. VILLAGE OF OAK BROOK Minutes 15 of 18 July 28, 1998 Z4 ;4w0°`y.'"nh .d b`". �Rl, "�fr' -'s i�`a'ri �i;Y'.: _ Nays: 2 - Trustees McInerney and Savino. Absent: 1 - Trustee Bartecki. Motion carried. B. RF QOM ENDADON - FORESI GAIE SUBVIVISI M . -- FOREST GATE SUB.- CALLAQUAN (MRIHEASI QUA12RANT _OF QAK BROOK CALLAGHAN -- TEXT ,ROAl2 AN12 ROQI 83) -- TEXI AEN DMENI - SULIA`USE: MENDMENT - S 1 SPECIAL USE R� TO Q ATIONS - ERELIMIN RY_PLAT OF SUBDIVISIQN: ZOO . ORD . AND SUB. BEGS. Trustee Savino clarified that the Zoning Board of Appeals, due to on (Northeast oversight, had not recommended to the Village Board the Special Use Quadrant of Oak and Variation request by the petitioner. Therefore, the Village Board Brook Road and does not have the necessary recommendations to proceed with the Route 8 3 ) entire Forest Gate Subdivision petition this evening. Motion by Trustee Savino, seconded by Trustee Kenny, to refer this petition to the Zoning Board of Appeals for completion at their August 4, 1998 meeting. VOICE VOTE: Motion carried. President Bushy explained that the Village Board is required to have the record reflect a complete recommendation by the Zoning Board of Appeals and must vote on all the issues presented by the petitioner. C. RECOMMENDATION - VILLAQE QF OAK BROQK (1200 OAK VILLAGE OF OATS BROOK ROAD) - 'TEXT AMENDMENT -_ RESIDENTIAL BROOK -- TEXT STRUCTURE HE1Q11 AMENDMENT - RESIDENTIAL Review of Zoning Ordinance provisions relative to Residential STRUCTURE HEIGHT Structure Height tabled at the Regular meeting of March 10, 1998 and discussed at the Committee -of- the -Whole meeting of April 13, 1998. Discussed and direction given at the Regular meeting of May 12, 1998 for referral for public hearing at the Regular meeting of May 26, 1998. The Plan Commission and Zoning Board of Appeals have held the required hearings for the Zoning Ordinance Text' - Amendment to revise the Residential Structure Height provisions in R -I and R -2 zoning districts. Both the Plan Commission and Zoning Board of Appeals, by a vote of 6 to 0, recommended approval of the text amendment with the staff suggested revision to add a new conditional element to both the R- I and R -2 sections as follows: VILLAGE OF OAK BROOK Minutes 16 of 18 July 28, 1998 (4) in order to evaluate compliance with the increased height provision, a dimensioned front elevation plan shall be drawn and submitted by an architect. The front evaluation plan shall show the ordinance setbacks and heights permitted and indicate setbacks and heights proposed. This revision will help the Building Department staff to insure compliance. Motion by Trustee Savino, seconded by Trustee Caleel, to direct the Village Attorney to draft the necessary Zoning Ordinance Residential Structure Height revision to add a new conditional element to both the R -1 and R -2 zoning districts for final action at the Regular meeting of August 11, 1998. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion carried. ....: U. U. 1001-17.11111410030140 � �' � • ► � ! .! �.:.: 2 The Zoning Boar;l of Appeals concluded the public hearing regarding the McElroy variation request. Prior to the hearing, the petitioner, in response in part to concerns raised by the neighbor at 5 Robin Hood Ranch, had reduced the size of the proposed addition. The variation requested to the 40 -foot corner lot side yard requirement is now to 25 feet rather than 27 feet as initially requested and, more significantly, the variation to the 60 -foot rear yard requirement is now at 29 feet instead of 16 feet. The petitioner is also willing to route all gutter and downspout drainage coming off the addition directly (by pipe or conduit) into a storm sewer, if available, on or near the property or out to the street. The Zoning Board of Appeals concluded that these variations satisfy the standard for variations in that the small lot size and positioning of the home represent a unique circumstance and a hardship, and are not of the making by the present owners. A motion recommending approval was passed by a vote of 6 to 0, and included the condition regare: -ig the gutter and downspout drainage as described. Edward A Gierczyk, builder for the petitioner, explained the request to the Village Board. VILLAGE OF OAK BROOK Minutes 17 of 18 July 28, 1998 11 MC ELROY - VARIATION - CORNER LOT SIDE YARI) hv!N REAR YARD SETBACK (33 Robin Hood Ranch) Trustee Shumate indicated that since Robin Hood Ranch was brought into the Village after it was built, it is not precedent setting for the variation. The request would qualify for granting the variation. With respect to the balance on the building, it would assist in yielding a better value on the property. A. hardship was not created by the owner, and it would not affect adjacent property. Where the addition is being rlaced, it has the least adverse impact on the adjacent neighbors. Trustee Savino also agreed that it is not precedent setting, as seven of the twenty -one ponies in Robin Hood Ranch have received variations. Motion by Trustee Savino, seconded by Trustee Kenny, direct the Village Attorney to draft the necessary ordinance for the requested variation of a side yard to 25 feet and a rear yard to 29 feet for final consideration at the Regular meeting of August 11, 1998. VOICE VOTE: Motion carrie.i. Village Attorney Martens requested a new site plan be submitted with the altered dimensions so that it may be attached to the petition indicating the project is built to the pursuant plans.. The site plan will be made available for final review by the Village Board. UNWORN RUA "PTIN I N *3:1511 .0-4 IRAN I N I wt villim asiviltz"11161el wykew -4 Director of Community Development Hawk asked for a clarification as to FOREST GATE SUB when the Village Board would address the Callaghan request. Director Hawk CALLAGHAN indicated that staff would be able to place it on the August 11, 1998 Village Beard meeting, as a public notice is not necessary for the Zoning Board of Appeals meeting to address the remaining issues before them on this project. 001111O fell).'4iui Motion by Trustee Caleel, seconded by Trustee Savino, to adjourn the meeting at 10:44 p.m. VOICE VOTE: Motion carried. ATTEST: ,inda K,t onnella, CMC Village Clerk bot72898 VILLAGE OF OAK BROOK Minutes 00 18 of 18 July 28, 1998