Minutes - 09/09/2003 - Board of TrusteesI
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MINUTES OF THE SEPTEMBER 9, 2003 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON SEPTEMBER 23, 2003.
CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by
President Quinlan in the Samuel E. Dean Board Room of the Butler
Government Center at 7:32 p.m. The Pledge of Allegiance was given.
ROLL CALL: ROLL CALL
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees John W. Craig, Susan
Chase Korin, Elaine Miologos and Asif Yusuf.
ABSENT: Trustees Stelios Aktipis and George T. Caleel.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Dale L. Durfey, Jr.,
Village Engineer; Bruce F. Kapff, Director of Information
Services & Purchasing; Darrell J. Langlois, Finance Director;
Ruth A. Martin, Library Director; Robert Cronholm, Acting Fire
Chief and Lexi Payovich, Plan Commission Chairman.
ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE
President Quinlan announced the birth of a new grandson of the Village Clerk,
Linda Gonnella.
APPROVAL OF MINUTES: MINUTES
Motion by Trustee Craig, seconded by Trustee Korin, to approve the Minutes of
the Regular Board of Trustees Meeting of August 26, 2003 as presented and
waive the full reading thereof. VOICE VOTE: Motion carried.
CONSENT AGENDA: C. AGENDA
All items on the Consent Agenda are considered to be routine in nature and will
be enacted in one motion.
VILLAGE OF OAK BROOK Minutes
Page 1 of 12 September 9, 2003
5. Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Consent
Agenda as presented. ROLL CALL VOTE:
Ayes: 4 - Trustees Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 2 - Trustees Aktipis and Caleel. Motion carried.
A. APPROVAL OF BILLS - $412,215.75
Significant items included above:
1) Zoll Medical Corporation - Cardiac Defibrillators - $59,912.97
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING AUGUST 30,
2003 - $691,180.04
C. CHANGE ORDERS: None
D. REFERRALS: None
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS: None
APVL OF BILLS -
$412,215.75
PYRL - $691,180.04
F. SUE BOON SUBDIVISION — ACCEPTANCE OF SUBDIVISION SUE BOON SUBDVS
- ACPT IMPRV &
IMPROVEMENTS AND REDUCTION IN SUBDIVISION SECURITY RDC SECURITY
G. REDUCTION IN SUBDIVISION SECURITY — TUSCAN WOODS TUSCAN WOODS -
FRMLY YKSHR
SUBDIVISION (FORMERLY YORKSHSIRE GLEN SUBDIVISION) GLN - RDC SECRTY
H. ORDINANCE 2003 -PP -EXI -S -1051 "AN ORDINANCE AUTHORIZING
THE VILLAGE OF OAK BROOK TO ADVERTISE FOR BIDS TO SELL
CERTAIN PERSONAL PROPERTY TO DONATE TO SCHOOL
DISTRICTS AND OTHER NOT - FOR - PROFIT AGENCIES ITEMS
THAT RECEIVE NO BIDS AND TO DISPOSE OF ITEMS THAT HAVE
NO VALUE"
6. ITEMS REMOVED FROM CONSENT AGENDA: None.
7. BOARD & COMMISSION RECOMMENDATIONS:
A. PALUMBO'S PLAT OF RESUBDIVSION — 407 AND 409 FOX TRAIL
LANE — FINAL PLAT
VILLAGE OF OAK BROOK Minutes Page 2 of 12 September 9, 2003
ORD 03-PP- EXI -S-
1051 AUTH VOB -
ADVTS BIDS SELL
PERS PROP.
RMVD C AGNDA
BD /COMM RECOM
PALUMBO - PLT OF
RESUBDVSN 407 &
409 FOX TRL LN
7. A.Plan Commission Recommendation - Final Plat of Subdivision — At its
meeting on August 18, 2003, by a vote of 7 to 0, the Plan Commission
recommended approval of an application from Mr. Sebastian Palumbo
requesting approval of a final plat of resubdivision for the two lots known as
407 and 409 Fox Trail Lane in the Hunter Trails Subdivision. At the present
time, both lots are improved with a single - family home. The applicant, who
owns both lots, is seeking resubdivision so that the common property line
between the two lots will move approximately six feet west. As a result, lot
407 will decrease in size but still exceed the one -acre minimum lot size in the
R -2 District.
The Plan Commission recommendation is subject to the applicant
satisfactorily addressing the following issue:
1. Address all issues contained in the memorandum dated August 6, 2003
from Village Engineer Durfey including final engineering approval.
2. Since the easternmost utility easement on the lot at 407 Fox Trail will be
located on 409 Fox Trail, the applicant shall provide a new six (6') foot
wide easement on 407 and vacate six (6') feet of the existing twelve (12)
foot easement on 409 Fox Trail.
In making this recommendation, the Plan Commission found that the plat of
resubdivision meets the applicable standards required for approval of a final
plat of subdivision.
Motion by Trustee Miologos, seconded by Trustee Craig, that the Village
Board concur with the Plan Commission recommendation to approve the
requested Final Plat of Subdivision at 407 and 409 Fox Trail Lane and
authorize the Village Attorney to draft the necessary resolution for final
consideration at the September 23, 2003 meeting of the Village Board.
VOICE VOTE: Motion carried.
B. WARNER - 26 BAYBROOK — VARIATION
Zoning Board of Appeals Recommendation - Variation - The Zoning Board
of Appeals, by a vote of 6 to 0, has recommended approval of the request
from Mr. Ty Warner for a variation to allow the installation of driveway
gates on a residential property of less than one acre.
In recommending approval of this request, the Zoning Board of Appeals found
that the request was consistent with the applicable standards for variations
and that the hardship of the property owner is not of their own making and is
due to unique circumstance. It was also found that the lot having
approximately 250 feet of frontage and the presence of significant
landscaping limits the view of the driveway and home from Baybrook Lane.
VILLAGE OF OAK BROOK Minutes
01
Page 3 of 12 September 9, 2003
WARNER - 26
BAYBRK -VAR
7. B. In making this recommendation, the Zoning Board attached the following
conditions:
1. The gates shall be constructed in conformance with plans prepared by
Matocha and Associates, dated July 3, 2003.
2. The offer made by the applicant to remove the gates upon either the
sale or moving from the property be accepted and be attached as a
deed restriction on the property.
3. The existing dense landscaping be maintained in its current condition.
4. Emergency manual override devices shall be installed.
Motion by Trustee Miologos, seconded by Trustee Craig, that the Board of
Trustees concur with the Zoning Board of Appeals recommendation to
approve the requested variation at 26 Baybrook Lane and authorize the
Village Attorney to draft the necessary ordinance for final consideration at
the September 23, 2003 meeting of the Village Board. VOICE VOTE:
Motion carried.
C. VILLAGE OF OAK BROOK — TEXT AMENDMENT — CHAPTER 6 OF TxTAMNDMNT-
CHAP 6 - TG ORD
THE ZONING ORDINANCE — STRUCTURE HEIGHT AND SIDE - STRCT HGT &
LOAD GARAGES SIDE LOAD GAR
Trustee Miologos stated the impetus that stimulated the Village Board to
request the review of this ordinance was the desire to increase real estate
values and be more in keeping with surrounding or similar communities.
The concept of permitting taller homes offers a variety of housing styles and
creating an environment which increases home and property values.
Plan Commission and Zoning Board of Appeals Recommendations - Text
Amendments — The Plan Commission at its meeting on August 27, 2003
voted 7 to 0, and the Zoning Board of Appeals at its meeting on September
2, 2003, voted 6 to 0 to recommend approval of the request from the Village
of Oak Brook for text amendments to Sections 13- 6A -3 -D, 13- 6B -3 -D, 13-
6C-3-D, and 13- 6D -3 -D — regarding structure height; and Sections 13 -6B -3-
F, 13- 6C -3 -F and 13- 6D -3 -F — regarding side load garages.
A Recommendation — Structure Height
Based on a thorough analysis of the various structure height scenarios that
were developed, the Zoning Board of Appeals concurred with the analysis
of the Plan Commission, finding that a hybrid scenario which is predicated
on a ladder or graded system would permit increased height in proportion to
the size of the lot and was deemed the most appropriate way to permit taller
homes. Accordingly, the concept of increasing the maximum height of
single- family homes is subject to the following:
VILLAGE OF OAK BROOK Minutes Page 4 of 12 September 9, 2003
7. C. 1. All structure heights for single - family homes will be measured to the
peak of the roof.
2. The structure height provision as defined in Section 13 -3 -10 of the
Zoning Ordinance should be modified so that height of homes will be
measured using one of the following methods:
a. In engineered subdivisions, the height will be measured using
recommended first floor elevation that is part of the approved
grading plan.
b. For lots improved with an existing single - family home, the existing
floor elevation and/or foundation elevation can be maintained.
c. For any other situation, the Village Engineer shall determine an
elevation based on the existing grades and grades of adjacent
properties.
3. The maximum structure height for single - family homes will be laddered
by zoning district as follows:
a. R -1 District — 50 feet
b. R -2 District — 45 feet (lots one acre or larger)
C. R -2 District (lots less than one acre) and R -3 District - 40 feet
d. R -4 District - 35 feet
4. The maximum number of stories for any single- family home shall not be
limited to 2.5 stories.
5. The current required front, side and rear yard setbacks shall continue.
However, it is recommended that the existing provision which increases
the required side yard setback for any home built to a height of 40 feet
in the R -1 and R -2 districts shall be eliminated.
6. The maximum height for any home constructed with a continuous flat
roof shall be changed to 35 feet in the R -1 and R -2 districts. Homes
with a continuous flat roof in the R -3 and R -4 districts would be limited
to a maximum height of 30 feet. These heights include the parapet wall.
7. Any lot, which has been granted a variation after the adoption of the
amendments which increase the maximum height of single - family
homes which seeks approval of a variation to reduce any required yard,
should be limited to the current maximum structure height of 30 feet.
Any request to increase the structure height will require the approval of
a variation by the Village.
VILLAGE OF OAK BROOK Minutes Page 5 of 12 September 9, 2003
•
7. C.
8. Regarding comments from the Fire Department, the Plan Commission
and Zoning Board recommend adding the following language: "Where
residential building heights exceed 30 feet, the highest occupiable space
must have an emergency escape and rescue opening at a maximum
elevation of 32 feet above grade."
9. The Zoning Board recognized that the Plan Commission discussed the
issue of requiring additional fire suppression and detection devices as
part of its deliberation to increase the maximum height of residential
structures. It was recommended that the fire suppression/detection
device issue be detached from this case and be addressed separately by
the Village Board.
10.The Zoning Board concurs with the Plan Commission recommendation
that the Village Board refer a case back to them to review the height of
accessory structures in residential districts which are now limited to 15
feet.
In making this recommendation, the Zoning Board of Appeals concurred
with the Plan Commission findings that the Village as the petitioner has
satisfied the applicable standards required for a text amendment and:
1. The request to increase the structure height of single - family homes is
based on a substantial analysis of how other similar communities
regulate height.
2. The maximum structure height of a single - family home presently
allowed in Oak Brook is significantly less than what is permitted in
other similar communities.
3. The Plan Commission concurs with the concept that by permitting taller
homes, it will have a positive impact in Oak Brook regarding keeping
the community current, offering a variety of housing styles and creating
an environment which increases home and property values.
4. The proposed structure heights are deemed reasonable and in line with
the survey information from other similar communities. The Plan
Commission considered the input provided by a number of residents and
local architects who support the concept of permitting taller homes.
5. Although Oak Brook has very large homes, the 30 -foot height restriction
limits the type of roof structure that can be built and often results in the
use of flat roofs for all or a significant portion of the home.
6. The fact that Oak Brook already requires larger lot sizes and side yard
setbacks mitigates the potential impact of allowing taller residential
structures.
7. The recommendation to allow the tallest homes on R -1 and R -2 zoned
VILLAGE OF OAK BROOK Minutes Page 6 of 12 September 9, 2003
t�
7. C. properties is consistent with the current Village policy to permit 40 -foot
high homes on the R -1 and R -2 zoned parcels.
8. The recommendation to no longer limit residential structures to 2.5
stories is based on principal that the design of homes should be
controlled by structure height, not number of stories. The current
setbacks are adequate to support increased structures heights.
9. The recommendation to increase the maximum height of homes with
continuous flat roofs to 35 feet for R -1 and R -2 properties and 30 feet in
the R -3 and R -4 properties is deemed reasonable.
B. Recommendation — Side Load Garages
With respect to side load garages, at the present time, there is no specific
ordinance standard requiring a larger side yard to accommodate the turning
movements associated with a side load garage. Accordingly, the proposed
text amendment establishes a minimum side yard setback (on one side yard)
of at least 23 feet in order to accommodate a side load garage. For further
clarification, the Zoning Board recommended that the width of the
pavement opposite of the garage door must be a minimum of 23 feet.
In making this recommendation, both the Zoning Board and Plan
Commission find that the Village as the petitioner has satisfied all
applicable standards required for a text amendment finding that:
1. The amendment for side load garages is consistent with accepted
engineering standards.
2. The amendment will protect the public health, safety and welfare of the
residents.
3. The amendment will not have a negative impact on the community.
During the course of the five public meetings held on this issue, a number of
residents and other interested parties provided comments in support of the
proposal to increase the maximum height of single - family homes in the
Village. Comments were solicited through a special mailing to all
homeowners associations and through an announcement placed on the
Village's web page. Through this entire process no one spoke in opposition
to the above referenced amendments.
Trustee Korin asked for clarification on measuring height based on number
of stories versus structure height. Village Manager Boehm responded
referring to ambiguities in counting stories and the belief that measuring
structure height was a fairer and less ambiguous method.
VILLAGE OF OAK BROOK Minutes Page 7 of 12 September 9, 2003
7. C. Discussion ensued relative to clause 7 and the concern that the requirements
specified become burdensome to residents. Lexi Payovich, Chairman of the
Plan Commission explained the rationale the Plan Commission used to
include the requirements.
Motion by Trustee Miologos, seconded by Trustee Craig, that the Board of
Trustees concur with the recommendations of the Plan Commission and
Zoning Board of Appeals to approve the text amendments to the Zoning
Ordinance deleting clause # 7 stating "Any lot, which has been granted a
variation after the adoption of the amendments which increase the
maximum height of single - family homes which seeks approval of a
variation to reduce any required yard should be limited to the current
maximum structure height of 30 feet. Any request to increase the structure
height will require the approval of a variation by the Village," and authorize
the Village Attorney to draft the necessary ordinance for final consideration
at the September 23, 2003 meeting of the Board of Trustees. VOICE
VOTE: Motion carried.
President Quinlan commended Lexi Payovich, Chairman of the Plan
Commission and Champ Davis, Chairman of the Zoning Board of Appeals
for their efforts and those of their boards in this process.
8. ACTIVE AGENDA (Items for Final Action):
A. CONFIRMATION OF APPOINTMENTS: None
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE 2003- ZO -V -S -1052, "AN ORDINANCE GRANTING A
VARIATION FROM THE PROVISIONS OF SECTION 13- 6B -3F(2)
OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE
CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SIDE
YARD SETBACK REQUIREMENTS - TRILLA — 59 BAYBROOK
T ANF"
At the last Village Board meeting, the Board accepted the positive
recommendation made by the Zoning Board of Appeals with reference
to this variation and directed the Village Attorney to prepare the
ordinance implementing same. This would allow the construction of a
new single - family dwelling at 59 Baybrook Lane with a side yard
setback of thirty two feet eight inches (32'8 ") along Oak Brook Hills
Road and the west side yard setback of sixteen feet six inches (16'6 ").
VILLAGE OF OAK BROOK Minutes Page 8 of 12 September 9, 2003
01_�
ACTIVE AGENDA
CNFRM APPTS
ORD /RES
ORD 03 ZO -V -S -1052
- VAR - SEC 13-613-
3F(2) - ZNG REG -
S1DE YARD SET13K
Motion by Trustee Miologos, seconded by Trustee Craig , that the
Village Board pass, and the President approve, Ordinance 2003 -ZO -V-
S -1052, as submitted herewith, authorizing the variation for the Trilla
property at 59 Baybrook Lane. ROLL CALL VOTE:
Ayes: 4 - Trustees Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 2 - Trustees Aktipis and Caleel. Motion carried.
C. AWARD OF CONTRACTS: AWARD CT
1) BANKING SERVICES — 1 YEAR EXTENSION BNKC sERVICs
EXT
As a result of a competitive request for proposal process, in 1999
American National Bank was awarded a contract for all Village banking
services with the exception of third party safekeeping of Village
investments, which was awarded to Oak Brook Bank. The services
provided by American National Bank include all checking accounts,
credit card processing, "sweep" accounts, and various on -line banking
functions. For the Village Board's information, all banking services
relating to the Police and Firefighters' Pension Funds are handled by the
respective pension fund board.
Subsequent to the awarding of the initial contract, American National
Bank was acquired by Bank One. Staff has been very satisfied with the
level of service provided by both banks during the first four years of the
relationship. The initial agreement was for three years, with the Village
holding the sole option of two additional years subject to satisfactory fee
negotiations. Last year at this time staff recommended approval of only
the first additional year since although Bank One agreed to hold the
pricing at the 1999 rate there was a change in the officer assigned to our
account and staff wanted to be assured that the level of service would
continue to meet our expectations. Once again Bank One has agreed to
hold the fees at the 1999 rate and we have continued to be satisfied with
the level of service on our account. Thus, staff is recommending
approval of the second option year.
At the expiration of this agreement it will have been five years since the
last time we solicited competitive proposals for this service. Thus, it is
staff intent to issue an RFP for banking service at this time next year.
Motion by Trustee Yusuf, seconded by Trustee Korin, that the Village
Board approve a one -year extension of the banking services agreement
with Bank One through September 30, 2004. ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes
ra
Page 9 of 12 September 9, 2003
Ayes: 4 - Trustees Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 2 - Trustees Aktipis and Caleel. Motion carried.
2) UNIT 913 REPLACEMENT — FIRE DEPARTMENT
On April 8, 2003, the Village Board rejected the purchase of a 2003
Ford pick -up truck at the State purchase price of $20,751.00. The
Village has $24,000 budgeted for the replacement of Unit 913, a pick -up
truck, utilized by the Oak Brook Fire Department.
Board members had requested that the Village Manager investigate what
other funding options may be available for the purchase of the vehicle.
Several dealers in the area were contacted and stated they could either
provide us with a low interest purchase option or a reduced purchase
price. The lowest purchase price quoted at that time was $20,697 for a
2003 4x4 extended cab pick -up.
Staff recently received a quote from Terry's Automotive Group for a
2004 4x4 extended cab pick -up for $20,518. Based on the fact that this
is a newer model and is $233 under the 2003 State purchase price, staff
recommends that the Village Board approve this purchase. The Village
will realize a budget savings of $3,482 with this purchase.
At the Village Board meeting of August 26, 2003, the Board continued
this matter to the meeting of September 9, 2003. The Fire Department
General Fund Budget will be reduced by $20,000 to further
accommodate this purchase.
Trustee Yusuf indicated that the current vehicle needed to be replaced
because of ongoing repair costs and that staff was able to find a
replacement at a cost lower than the State bid cost.
Motion by Trustee Yusuf, seconded by Trustee Korin, to approve the
purchase of a 2004 4x4 extended cab pick -up truck to replace the Fire
Department Unit 913 from Terry's Automotive Group at the purchase
price of $20,518.00. ROLL CALL VOTE:
Ayes: 4 - Trustees Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 2 - Trustees Aktipis and Caleel. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 10 of 12 September 9, 2003
lj_�3
FD UNIT 913
RPLCMNT
8. C. 2) Trustees Korin and Miologos thanked the Fire Department for finding a
way to reduce their budget to accommodate this purchase. Village
Manager Boehm explained the process used to accomplish the
reduction.
3) 2003 WATER MAIN & DRAINAGE PROJECT 03 wTR MN &
DRNG PROJ
Four sealed bids were received on August 20, 2003. Twelve bid
packages were sent out for this project.
The numeric low bidder, Western Utility Contractors, does not have the
required experience. Therefore, the second low bidder, Dominic
Fiordirosa, is recommended for contract award as they have substantial
experience doing this type of work and have worked for the Village in
the past.
Work to be performed consists of replacing water main on Cheval
Drive, installing storm sewer on Spring Road, installing under drain on
Meadowood, and installing stone on both sides of Ginger Creek under
the bridge. Work is scheduled to be completed by December 24, 2003.
Motion by Trustee Miologos, seconded by Trustee Korin, to award a
contract to the lowest responsive and responsible bidder, subject to staff
review, Dominic Fiodirosa Construction Co., Inc., 1090 Rock Road, #5,
East Dundee, Illinois 60118 for the 2003 Water Main and Drainage
Project based on the unit prices listed on the bid tabulation, for an
estimated total contract price of $89,000.00. ROLL CALL VOTE:
Ayes: 4 - Trustees Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 2 - Trustees Aktipis and Caleel. Motion carried.
9. INFORMATION & UPDATES: INFO & UPDATES
A. VILLAGE PRESIDENT:
Village President Quinlan reported on the action the Board took on the issue
of a County Board discussion of a storage facility on the border of an Oak
Brook community.
He also announced the Polo event on September 14 and the opening of
Bloomingdale's Home Store on September 13.
VILLAGE OF OAK BROOK Minutes Page 11 of 12 September 9, 2003
t*�>
VLLG PRES
9. B. VILLAGE MANAGER:
Village Manager Boehm reported on the Spring Road and 31St Street
correction of sight lines and the monitoring of mosquitoes.
C. VILLAGE CLERK: None.
10. ADJOURN TO CLOSED SESSION:
Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the
meeting at 8:13 p.m. to a Closed Meeting:
1) To discuss minutes of meetings lawfully closed under the Open
Meetings Act, whether for the purpose of approval by the body of the
minutes, or for semi - annual review of the minutes as required by the
Open Meetings Act
2) To consider litigation, when an action against, affecting or on behalf of
the Village has been filed and is pending before a court or administrative
tribunal
3) Selection of a person to fill a public office, including a vacancy in a
public office, when the public body is given the power to appoint under
law or ordinance.
4) Collective negotiating matters between the public body and its
employees or their representatives
5) To set a price for the sale or lease of property owned by the public body
ROLL CALL VOTE:
Ayes: 4 - Trustees Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 2 - Trustees Aktipis and Caleel. Motion carried.
11. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the meeting at
9:25 p.m. VOICE VOTE: Motion carried.
ATTEST:
'A
Linda gK. Gonnella, CMC��,�/
Village Clerk w ,(
VILLAGE OF OAK BROOK Minutes Page 12 of 12 September 9, 2003
VLLG MGR
VLLG CLK
CLSD SESSION
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