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Minutes - 08/10/1993 - Board of TrusteesVo a-GoT,-M W VnLAGE OF OAK BROOK Minutes Au r 1993 UNOFFICIAL UNTIL APPROy�► � �Ai® APPRI ED AS WRITTEN �," �PIOV ED AS AM NDED �, BY VILLAGE BOARD ON ' 1. MEETING CALL: The Regular Meeting of the Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7: 41 p . m .. Pledge of Allegiance was given. 2. ROLL CALL: The Clerk tailed the roll with the following persons PRESENT: President Bushy, Trustees McInerney, Payovich, Shumate and Skinner. ABSENT: Trustees Barteeld and Kenny. Manage Manager; IN ATTENDANCE: Margaret C. Powers, Village Officer/ Treasurer; Bruce F. Kapp, Assistant to Village r9 Vince Long, Assistant to Village Manager; Richard A- Martens, Village Attorney; Bale L. Durf ey 2 jr. , Village Engineer; and Tom Hawk, Director of Code Enforcement. 3. ANNOUNCEMENTS & OPEN FORUM: No one appeared for Open Forum- Is 4. APPROVE OF MINLT TES : Trustee Spinner moved to approve the minutes of the Regular Meeting of July 27 .9 1993 as presented and waive the full reading thereof . Seconded by Trustee McInerney. VOICE VOTE: Motion carried. 5. OMNIBUS AGENDA: Trustee Skinner moved to approve the Omnibus Agenda. Seconded by Trustee McInerney. ROLL CALL VOTE: ovich, Shumate and Skinner. Ayes: 4 - Trustees McInerney, Pay Nays : 0 - None. Absent: 2 - Trustees Bartecki and Kenny - Motirsn carried• A. APPROVAL OF BILLS: Approved Omnibus Vote- B. RECOMMENDATIUN .: U XLJ5]Ly - LUMC nn nsrr_rr . A -n-nretred Omnibus Vote. 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. VILLAGE OF OAK BROOK Minutes I Augu st 10, 1993 21 MEETING CALL ROLL CALL MINUTES APPROVAL OF BILLS: $362,396.83 REBID: 1993 WEXE TRAIL MAINTENANCE PROJECT 4 BOSSOTOO t N 9- tos9 I. ORDINANCES AND RESOLUTIONS: A. ORDINANCE NO. 93- PW -CR -G -517 AN ORDINANCE E OF Public Works - This ordinance would require everyone seeking a permit, including utility companies, to submit a restoration schedule. It would then fall upon the Village staff to monitor these construction activities and require the respective applicant to restore their respective areas . Trustee Payovich moved to pass Ordinance No. 93- PW -CR -G -517 as presented and waive the full reading thereof. Seconded by 'trustee Skinner. ROLL CALL VOTE: Ayes: 4 - Trustees McInerney, Payovich, Shumate and Skinner. Nays : 0 - None. Absent: 2 - Trustees Bartecki and Kenny. Motion carried. ORD. NO. 93- PW -CR -G -517 PERMIT REQUIRE- MENTS - P.W. CONSTRUCTION WORK B. ORDINANCE NO. 93 -ZO -G -519 AN ORDINANCE AMENDING ORD. No. SECTIONS V B AND XIVJB) OF ORDINANCE G-60, THE ZONING 93 -ZO -G -518 ORDINANCE OF THE VILLAGE OF OAK BRA- IDLINOIS (Control, Q o B . ZOX . ORD . of Bulk): CONTROL OF BULK Direction given at the Regular Meeting of July 27, 1993. Trustee Skinner moved to pass Ordinance No. 93 -ZO -G -518 as presented and waive the full reading thereof. Seconded by Trustee McInerney. ROLL CALL VOTE: Ayes: 4 - Trustees McInerney, Payovich, Shumate and Skinner. Nays: 0 - None. Absent: 2 - Trustees Barteeki and Kenny. 'Motion carried. C. ORDINANCE NO. 93-TX-UT-G-519 AN ORDINANCE FURTHER. ORD. NO. AMENDING ORDI ,ANCE G -470. "AN ORDINANCE ESTABLISHING A 93-TX-UT-G-519 UTILITY TAX WITHIN THE VILLAGE OF OAK BROOK, DU PAGE AMEND UTILITY AND COOK COUNTIES. IIT.INOIS" : TAX Oak Brook's Corpo -ate Fund encompasses revenues and expenses for all of our Village's operating and administrative departments except for the Sports Core and Water Department which operate under their own separate revenues and expenses. The Corporate Fund also provides revenue which is transferred to and funds the Village's portion of the Fire and Police Pension Funds. The Village's utility tax was ena lied in the summer of 1991, becoming effective in October of that year at the rates of 4% electrical, 4% natural gas and 3% telecommunications . The initial and subsequent ordinances have all called for an annual renewal requiring Board V'. AL AGE OF OAK BROOK Minutes 2 August 10, 1993 2 v®s-ftraor'Mie a -- do —q.3 action to extend the utility tax each year thereafter. There is uo property tax levied by the Village for Corporate Fund activities . The Village's infrastructure requires ongoing and increased levels of funding due to the increased age of the town, as well as the fact the Village's primary source of revenue--sales tax --- dipped dramatically in the two previous years, caused the Village to institute the utility tax in 1991. The policy established at that time was that revenues generated from the "4 -4 -3" utility tax (approximately $2 million per year) would go for funding Public Works capital infrastructure projects. The Village adopted an Infrastructure Management Plan that is committed to fund with utility tax revenues. The proposed ordinance would extend the existing utility tax for one additional year through the end of September, 1994, and reduce the rate charged on utilities from the current 5% for all utilities to the original rates set in 1991 of 4% electrical, 4% natural gas and 3% telecommunications. Village Manager Powers stated Staff has recommended the red-laced rate of 4% for gas and electric and 3% utility tax for telephone. Assistant to Village Manager Kapff gave a slide presentation of the Village's long range financlel plan, public works capital infrastructure items, their costs and a comparison of the sales tax revenues from 1981 to 1992. David Gooder, representing the Oak Brook Association of Commerce and Industry (OBACI) , requested the Board to discontinue the utility tax due to the possible $1 million tax revenue generated by the proposed Costco and Oak Brook %:ourt sites; that the sales tax revenue is predictable; and the tax can be imposed in 60 days if necessary and terminated in 90 days. President Bushy stated the Village has never budgeted for assumed income and it would be irresponsible to do so. She stated there is a sunset provision in the utility tax if the revenues increase and require a change. One of the proposed tenants in the Oak Brook Court is moving from a site in Oak Brook to the Court location which would not dramatically change the sales tax revenue. President Bushy noted Nordstrom is expanding in the Chicagoland area and this may cause a change in the sales tax revenue from the Shopping Center. 60% of the Village's sales tax revenue is from the Shopping Center with 40% from the office buildings. She stated the Village needs a six -month reserve fund when you consider the communities affected by tornados, floods or serious crimes. These are devastatingly unexpected expenditures and the Village should be prepared. President Bushy noted federal regulations have forced the commercial community to make necessary changes. One company has VILLAGE OF OAK BROOK Minutes 3 August 10, 1993 :11, 0S--- Germ Mits consolidated and decided to remain in Oak Brook - sh President Bu y suggested sted investiPldng a cbange in the utility tax to an annual date according to the annual budget concurrent with December 31. Trustee McInerney requested assistance from OBACI in Predicting sales tax revenue. Trustee Payovich stated she has worked with de Engineer eased Staff Durfey on the Infrastructure WIwagem�e8t Plan p has reduced the cost expenditures . Trustee Payovich made a commitment to those attending the meeting, when the avenues of reviewed, Staff and the Village Board will. examine other revenue and whether the utility tax is required. Trustee Shumate voiced his approval of the reduced utility tax and would r aduce the tax again if revenues increase - Trustee Skinner voiced his approval of a different sunset date. President Bushy suggested a sunset provision to coincide with the budget year. Village Manager Powers stated December 31st would be the expiration date. Trustee Spinner moved to approve Ordinance No. Seconded b G -519 presented and waive the full reading thereof . y ��s Trustee McInerney. Village Attorney Martens requested the inclusion of fiber optics in Section 13 -2: Imposition, Items #19 of the Ordinance. Trustee Skinner amended the motion to include fiber optics � Section 13 -2: Imposition, 1. Seconded by Trustee McInerney VOTE: Ayes: 4 - Trustees McInerney, Payovich, Shumate and S1�nner • Nays: 0 - None. Absent: 2 - Trustees Bartecki and Kenny. Motion carried. S. DEPARTMENTAL REPORTS - SPECIALTY AREAS Environmental Concerns be Public Works: Trustee Payovich - Village Engineer iDurfey and Trustee Payovich are meeting with comamer residents for discussion of the 22nd Street and York Road prOJect. Trustee Payovich will report to the Village Board at their next Regular Meeting regarding their discussions . Finance I Purchasing: Trustee Bartecki - Absent. 9 VILLAGE OF OAK BROOK Minutes 4 August 10 1993 14 DEPARTMENTAL REPORTS IV 0a.. a OT- Ma ri 49 .1 O.C13 0 Library & Hotel, Convention and Visitors Committee: Trustee McInerney - The Library Boe.,,rd, at their July %7, 1593 m� Wig, recOired a request from Oakbrook Terrace to allow a certain percentage of their residents on Spring Road to use the Village's library facility. The City of Oakbrook Terrace would verify these residents and pay the out of area fee with no reduction for senior citizens or students. 96 people would be added with $9,700.00 added to the library budget. It was an unanimous consensus of the Library Board to approve the request. Personnel & Public Safety: Trustee Kenny - Absent. Planninj & Zoning: Trustee Skinner - The Zoning Board of Appeals and Plan Commission are meeting regularly for such projects as Costco, Oafs Brook Court and Covington. Sports Core: Trustee Shumate - The Bath and Tennis Club sponsored a �.. IY.Y ■IYY�_ conference swine meet with 1,000 attending. Three conference records were set with some being set by residents. The Vince DiTeila golf outing has been set for August 27th at a fee of $75.00 per person including a banquet. The tennis bubble project its moving along according to schedule. The bubble should be in place the second week in September. The tennis tears won the area club cimnapionsship for the 7th year in a row. Vii& M President: President Bushy - She has been appointed to the Illinois Environmental Protection Agency ( EPA) Cw- =*ttee that reviews the various practices and procedures of the EPA. She has further been appointed to Chair the Illinois Municipal. League Ad hoc Committee on the statutes in front of the Illinois General Assembly on the Freedom of Information Act . She attended her first Police Pension Board and is pleased with their procedures. 9. UNFINISHED BUSINESS: A. RECOMMENDATION - Trustee Skinner noted Village Engineer Durfey's concern of the applicant addressing water detention at Covington Court. Trustee Skinner moved to table until such items are addressed by the applicant as requested I * Village Engineer Durfey. Seconded by Trustee Shumate. VOICE VOTE: Motion carried. B. QUARTERLY REPORTS - FINANCE DEPART ENT : President Bushy announced the death of DeWanda Dranlaewicz, Assistant Finance Officer, and extended her deepest sympathies to her family. is VILLAGE OF OAK BROOK Minutes 5 August 10, 1993 COVINGTON COURT - FINAL PLAT QUARTERLY REPORT - FINANCE DEPARTMENT V 13 00T Village Manager Powers explained the Quarterly Report from the ® Finance Department. The Fire Chief's cer has been purchased from the Contingency Fund in the first six months . The Contingency Fund will be reviewed with the new Finance Officer. 10. NEW BUSINESS- A. B. r� u APPOINTMENTS: President Bushy announced the Village Board, in Closed Session, concurred with the proposed contract to mire Margaret C . Powers as Village Manager. Trustee Skinner moved to confirm the appoint -ant of Margaret C . Powers as the Village Manager of Oak Brook. Seconded by Trustee Payovich. VOICE VOTE: Motion car*Aded. Trustee Skinner moved to authorize the execution of the contract of Margaret C . Powers as Village der of Oak Brook . Seconded by Trustee McInerney. VOICE VOTE: Motion carried. The Plan Commission, by a vote of 4 to 0 on June 21, 1993, and the Zoning Board of Appeals, by a vote of 6 to 0 at their Public hearing on July 6, 1993, both approved the request for rezoning with amendment 2001 ! 2105 22nd Street - ORA -1 to B -3; and add "grocery stores" to permitted uses. The Village Board addressed this application at the Committee-of-the-Whole meeting on .August 9, 1993. There has only been one statement against the proposed site and their main concern was the traffic. Trustee Skinner noted traffic is a regional problems and not site specific to this property. Trustee Skinner noted the proposed site would not generate as much traffic as an office building. It would further eliminate the most active heliport operating in the Village and would remove unsightly surplus equipment and the radio tower. Trustee Skinner moved to approve the rezoning of 2001/2105 22nd Street from ORA -1 to B -3 and amend the B -3 District to add "grocery stores" to a permitted use, and direct the Village Attorney to draft the necessary ordinance and amendments. Seconded by Trustee Payovich. ROLL CALL VOTE: Ayes: 4 - Trustees McInerney, Payovich, Shumate and Skinner. Nays: 0 - None. Absent: 2 - Trustees Bartecki and Iiennv. Motion carried. • VILLAGE OF OAK BROOK Minutes a_ 6 August 109 1993 VILLAGE SAGER - POWERS C +140RIJ N o aw 8 o - i q 'trustee Shumate requested a sound buffer on the tollway of additional vegetation plantings with approval from the homeowners Is associations of Ginger creek and Brook Forest. lie recommended pine tree plantings with the Village overseeing the project. President Bushy recommended this request to be a separate issue. C. is Fil • Mr. Warnock, representing the appUcsnt, stated Gostco would not donate any monies to said proposal for an off -site sound harrier, as their project is the most expensive faeflity of their 100 stores, and it is their f laphip s President Bushy tbanked Mr. Warnock and Ccstco for the proposed facilities in the Village of Oak Brook. It is staff's recommendation that the Village waive since the work process in order to utilise the services of Geo involved is verge specialized and because Geonex employees and subcontractors were responsible for preparing earlier aerial reaps for the Village ( current map - 1983) . Staff also recommends that Geonex provide for the installation as indicated in their quotes ��� masonite boards on which. the maps are applied are y and difficult to install. Trustee Shumate moved to authorize issuance of a purcbase order in the amount of $16, 800.00 to Geonex for p'z0p+a tiioai of a new aerial photo mosaic Map of the Village to be installed. in the Vi agn Board Room. Seconded by Trustee Skinner. VOICE VOTE: lion carried. — I��.R�L`L!!j 111V Ali vv..sr a +mil-- •• - ---- - Village Manager Powers noted the Village leas sent a letter to the Village of Westmont and their Park, District requesting cheap of debris being dumped by their Park District in the affected area. Trustee Payovich moved to waive all fees and bonds assodated With the construction of two (2) street lights at 35th Street Drive. Trustee Payovich amended the motion to not grant a waiver until d subject area bars been cleared of any debris. Seconds y Skinner. Village Board members noted the area had been cleared, but a truck VD.j AGE OF OAK BROOK Minutes M g August 100 1993 AERIAL MAP - VILLAGE BOARD ROOM - REPLACEMENT WAIVER OF FEES VILLAGE OF WESTMONT - STREET LIGHT El C VOS- SOTw-MiAl dumped new debris as of today. Trustee Payovich withdrew the amended motion. Seconded by Trustee Skinner. Trustee Payovich moved to table this item to the next Regular Board meeting and direct staff to investigate the affected area. Seconded by Trustee Skinner. VOICE VOTE: Motion carried. E. COVINGTON COURT - REDUCTION IN Trustee Skinner moved to reduce the Irrevocable Fetter of Credit No. 35416 -0315 from Old Dent Egnk by- the amount of $2689889.95 and direct staff to prepare the necessary documents . Seconded by Trustee Payovich. VOICE VOTE: Motion carried. F. BID AUTHORIZATION REPAIR OF BATIK & KITCHEN ROOF AND PAINTING & WINDOW I SPORTS CORE ADMINISTRATION BUMPING Trustee Shumate moved to authorize Sports Core staff to solicit bids to repair the roof over the Bath and Tennis Clubhouse kitchen, to paint the Sports Cone Administration Building and replace the windows on said building. Seconded by Trustee Skinner. VOICE 'NOTE: Motion carried. COVINGTON COURT DEMOLITION PERMIT SECURITY REDUCTION BID RUTH. BATH & TENNIS ROOF; PAINTING; WINDOW REPLACE- MENT G. REREST FOR USE OF SPORTS CORE PROPERTY - NORDSTROM: NORDSTROM: USE OF SPORTS Trustee Shumate moved to allow Nordstrom's use of the Showfield for CORE PROPERTY their company picnic on September 12, 1993, provided that Nordstrom's understands that they cannot move the site of the picnic to a location other than the Showfield. Seconded by Trustee Payovich. VOICE 'VOTE: Motion. carried. H. RMUEST FOR BEER/WINE LIQUOR LIC :NSCLASSIFICATION CAFE FLAMINGO - �AFE FI AMINGO: LIQUOR LICENSE REQUEST Mr. Boris Shuster, President of Cafe Flamingo, addressed the Board requesting a separate classification for a beer and wine license for his establishment . President Bushy stated having reviewed with staff and the Village Attorney the proposed text € mendment would set a precedent and deviate from normal procedures. She stated if the Board concurs, then an additional license is required. President Bushy asked for a motion from the Board to decline the special license and request an A -1 license application. VILLAGE OF OAK BROOK mutes 4 9 August 109 1993 Yoe- 60TIMMia I• A3 9 Trustee Skinner moved to deny the requested text amendment to is create a separate classf'ication for beer and wine licenses. Seconded by Trustee Shumate. VOICE VOTE: Motion carried. President Busby noted Mr. Shuster is free to apply for an A -1 Liquor l cease following the appropriate procedures. I. Village Attorney Martens noted errors in the Utility Tax Ordinance previously passed and recommended the Board reconsider its prior action and proceed to approve his draft with certain added definitional language . ORD. NO. 93- TX -UT-G -519 AMEND UTILITY Tr�X Trustee Skinner moved to roconsider and rescind the first action to approve Ordinance No. 93-TX -iiT -O -519. Seconded by Trustee McInerney, ROLL CALL VOTE: Ayes: 4 - Trustees McInerney, Payovich, Shumate and Skinner. Nays: 0 - None. Absent: 2 - Trustees Bartecki and Kenny. Motion carried. Trustee Skinner moved to adopt the revised ordinance as presented by Attorney Martens, An Ordinance Further Amending Ordinance G- 474, "An Ordinance Es#ablishing A Utility Tax Within The Ville Of Oak Brook, DuPage And Gook Counties, Illinois". Seconded by Trustee McInerney. ROLL CALL VOTE: Ayes: 4 - Trustees McInerney, Payovich, Shumate and Skinner. Nays : 0 - None. Absent: 2 - Trustees Bartecki and Kenny. Motion carried. 11. ADJOURNMENT: Trustee Skinner moved to adjourn the meeting; at 9: 56 p.m. Seconded by Trustee McInerney. VOICE VOTE: Motion carried. ATTEST: r—,->Z- a a . GonneDa. Village Clerk btmn81093 - VILLAGE OF OAK BROOK Minutes 9 August 10, 1993 ADJOURNMENT