Minutes - 10/22/1996 - Board of Trustees0, 0
ibb- Pte'- MoJV- 10 -.ta -) 414 40
VILLAGE OF OAK BROOK Minutes
UNOFFICIAL IJN.ML APPROVED AS WRITTEN
AS AMENDED BY VILLAGE BOARD ON
i. MEETING CALL: MEETING CALL,
The Regular Meeting of the Board of Trttees was called to order by President
Bushy in the Samuel E. Dean lard Rom of the Village Commons at 7:331
p.m. Pledge of Allegiance was, given,
2, ROLL CALL: ROLL CALL
President Bushy, as a member of the DuPage Mayors and Managers
Legislative Committee, higbfighted some initiatives being devekgxd by this
Committee. Telemarketing regulation& regulations for non-home rule
communities. tort reform. the Pre% -ailing Wage Act and sign regulations are
being studied.
President Bushy announced the Local Canvwsing Ruard, consisting of the
Village President (Chairman). Village Clerk and Senior Board of Tnrstee,
within seven days alter the General Election, shall open and canvass the
precincts and prepare the abstract of votes received for the Refer
question of construction a Lam. The last day for canvassing of election
results is November 12, I996_
VILLAGE OF OAK BROOD Minutes I of 16 October 22, 1996
4.
S.
MINUTES
Motion by Trustee Mclnerne , seconded by TrusWe Bartecki, to approve the
y
minutes of the Regular Meeting of October 8, 1996 as amended to read "...and
the Certificated Area of the fQn= Oak Bnvk* Utility Company" in Item TD.,
Water Service Agreement -11 Sanctuary, and waive the full reading thereof.
VOICE VOTE: Motion carried.
3. JAMIES J. DIENES & ASSOCIATES, MC, - PAYOUT #12 - 12% 1996 PAVING
PAVINQ PROECT - CONSTRUCTION INSPECTION - PROJECT
S 18,623.15: Approved Onuu-bus Vote.
1 3 r4,11 1 a, I Flil %Vj EKI) z I %I I R K" I R) z n I z to M 64 'Vill 11 a, � 04 M
1) 'k4 411 z h1clMi 11110) 1 CC" 9 5 1
VILLAGE OF OAK BROOK Minutes 2 of 16 October 22,,1996
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Omnibw Vote.
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Trustee Savino q uestionedif - tam exceed the $3$.446
Library beget„ as work i3being do= at die Sports Core. Village
Manager Veitch c bonne wem dow to erg
that the site is feasible for the concept- design. Costs will not
exceed the budgeted amount.
Trustee McInerney asked for a rely from the Park Mstrict to
President Bushy's lener regarding odw possible library sites at
Central Park.
Motion by Trustee h4cluerney. seconded by Trustee Bartecki, to
approve Payout #6 to Carow Architects Planners in the anwxwt of
V5,421.14 for library design services. ROLL CALL MOTE:
Ayes: 6 - Trustees Baromki. Kemy, McInerney, Payovich„
Savino and Shute.
Nays: 0 - Nora:.
Atrsent: 0 - None_ Motion carried.
VILLAGE OF OAK BROOK Minutes
3 of 16 October 22,1996
REFERRALS:
SANTEFDRT
ENTERPRISES, INC,.-
FLOOD PLAIN
SPECIAL USE
(6,8511 York Lake
Court)
TREASURER'S
REPORT -SEPT. 199:6
PAYOUT:
LIBRARY DESIGN
SERVICES
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B. ORMANCES
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Based on the 1997 -2N ►1 Five-Year Financial Plan as adopted by the
Board on September 24. 19%, Village Manager Veitch recommended
that the bard adopt the oahnance to extend the Village's utility tax,
on its existing terms, duvugh 1997.
The current tax is at the rate of 4 percent on electric and natural gas
service, and 3 pert o on local tetephone service. All receipts from
the tax we deposited on the Infrasumture Fund„ Mich supports
improvements to nd of the Village's roads,
drainage system and ways,.
Motion by Trustee Bartecki, secoaded by Trustee Kenny, to pan
Ordinance 96- TX -UT-G -576, -An Ordinance Further Amending
2. ,\ ANCE % ED.Q AN Ii i '\ �; r 1\
i 1 96—PD—OF
AMENIMOI 110
"OFFENSES AM NUSMIANEMS PRMSIONS" AND AMENDMENT TO
AMENDING SECTION 1-9."GENERAL PENALTYME ]am CHAPTER 99
CODE OF ORDINANCES QE THE 3aLLAGE OF OAK OFFENSES AND
MISCELLANEOUS
BROOK. i i\ O PROVISIONS :. .
SEC. 1-89
The ordinance recoi
Village Pro-visions-. and amends Section 1-8, "General Penaltv", of the
as
The existing provisions regarding animal control will not change, and
they have been included as Article IV to Chapter 9, pages 21 to 23 of
the ordinance. Staff anticipates deleting Article IV at a future date
when the new draft chapter to the code entitled, "Animals', is
presented.
VILLAGE OF OAK BROOK Minutes
rK
U-3
4 of 16 October 22, 1996
EE ;.
The following changes are noted from the previously reviewed draft.
ordinance:
1) In Section 9 -13, staff has deleted "shooting with a bow and arrow"
as an offense. In reviewing the State statutes, there is some
question whether the Village has authority to regulate this activity.
2) Section 9 -25 entitled, "Public Indecency" is new. Staff has
included this prevision in an effort to combat this kind of activity;
this provision it; filed after a similar section in the State
Criminal Code.
3) Staff' has added subsection (d), "Forfeiture of Property ", (e) `Prima
Facie Evidence of Intent to Disseminate ", and (f) "Affirmative
Defense" to Section 9.26, -Obscenity"'. Once again, staff is
attempting to provide eofourcetnent tools which will deter an
obscenity which might be foisted on the Village.
Motion by Trustee Kenny, seconded by Trustee Barteeki, to pass
Ayes: 6 - TrusWes Ban=ki, Kenny, McInerney, Payovich,
Savina and Shumate.
Nays: 0 • None.
Absent: Q - None. Motion carried.
Per the request of the Village Clerk and Records Management Clerk,
staff has drafted an ordinance which amends the rules and regulations
of the Freedom of Information Act. Tlie Village's existing rules are
twelve years old and need Ming to reflect citations to the Illinois
Compiled ,Statutes. The substance of the rules and regulations is
basically unchanged, although staff has made some style and drafting
revisions.
Motion by Trustee McInerney, seconded by Trustee Payovich, to pass
Ordinance 96- FOI -EX 1 -G -5 78, "An Ordinance Amending The Rules
And Regulations Of The Freedom Of Information Act", as presented
and waive the full. reading thereof. ROLL CALL VOTE:
VILLAGE O'. OAK BROOK Minutes 5 of 16 October 22, 1996
ORD. 96- FOI -EXI-
G-578
AMENDING RULES
AND REGUTLATIONS
OF THE FREEDOM
OF INFORMATION
ACT
• e
Ayes: 6 - Tnwees Bartecki, Kenny, McInerney, Payovich,
Savino and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4. QRDINANCE 26=5C_-&8fi1 AN ORDINANCE AUTHORIZINQ ORD. 96-SC-S-861
CMINTIES. IL
REFUNDING
Dome)
The ordinance authorizes the issuance of a Sports Core Refunding
Note in the amount of $ 175,169.84 with Oak Brook Bank. The
original borrowing. of S30C, =,000 commenced in 1992 and provided for
the purchase of the Tennis Dome. The Bing has been
accomplished by means of a series of 1 -year notes due on October 28
each year, with the remaining principal balance being refinanced for
an additional one-yen term. The intent rate on the rote is 4.81 %
and the monthly payment on this obligation is $2,805.78, the same
terms as those in effect -*i= the note was originally issued. The
monthly payments have been budgeted in the Tennis Operations -
Indoor Program (8104).
Motion by Trustee Bartecki, seconded by Trustee Kenny, to pass
Ordinance 96- SC- S-861, -An Ordinance Authorizing The Issuance Of
A $ 175, 169.84 Refunding Note Of The Village Of Oak Brook, Du
Page And Cook Counties. IL". as presented and waive the full reading
thereof. ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich.
Saviro and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS: AWARD OF CONTRACTS
1. CARPET REPLACEMENT - VILLAGE HALL & FIRE CARPET REPI.ACE-
STATION #2: HENT - VILLAGE
HALL & FIRE
Carpeting will be replaced in both the Village Hall (general STATION #2
government and common areas) and Fire Station #2 (except for the
newly constructed addition). Existing carpet in both areas ranges in
age from 12 to 24 years and is showing significant signs of wear. The
replacement carpet comes with a 15 -year limited wear warranty. The
work will be scheduled so as to minimize impact on governmental
operations (7:30 a.m. - 4:30 p.m. at the Fire Station; 6:00 p.m. - 7:00
VILLAGE OF OAK BROOK Minutes 6 of 16 October 22, 1996
0
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a.m. at the Village Hall). The contractor is also responsible for
moving all furniture during the installation process.
Of the six (6) companie.3 that expressed initial interest in the project,
two (2) were too busy to accept the work, two (2) picked up bid
packages but never pursued it, and one (1) "forgot to bid ". One (1)
sealed bid was received on October 9, 1996. Funds in the amount of
$35,000 have been budgeted in the Municipal Building Improvements
Program (014201) for this work.
Motion by Trustee Savin o, seconded by Trustee Bartecki, to award a
contract, subject to stag review, to Yonan Floor Coverings, Inc.,
Downers Grove, the lowest responsible bidder, at a total cost of
$34,474, for the replacement of carpeting in a portion of the Village
Hall and in Fire Station #2. ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich,
Saving► and Shumate.
Nays: 0 - None.
Absent: 0 - None:. Motion carried.
At the Village Board meeting of April 23, 19%, the Board directed
Civiltech Engineering to complete the Phase I report and submit it to
the Illinois Department of Transportation (IDOT). This has been
accomplished, and staff is fitly awaiting IDOT's approval. The
next step is to have an agreement with an engineering consultant to
perform Phase II Design Services. Civiltech is most familiar with this
project, and Village Engineer Durfey requested them to submit an
agreement to perform the Phase II Services. Staff sent this draft
agreement to IDOT for their initia! re -view to which they have
responded with minor comments and asked the Village to submit four
(4) copies of the agreement executed by the Village for further
processing.
Appe,idix I of the Agreement breaks down, in detailed fasluon, the
scope of the work. Appendix II lists the compensation with a not -to-
exceed figure of $24,340.00. Appendix III is a tentative time
schedule and Appendices IV & V contain insurance and general
contract provisions.
YORK ROAD BIKE
PATH - PHASE II
ENGINEERING
SERVICES
AGREEMENT
The next step is for the Village to approve this contract and execute it.
Village Engineer Durfey will then deliver four (4) executed copies to
IDOT for their further processing. This project is part of a STP -TCM
VILLAGE OF OAK BROOK Minutes 7 of 16 October 22, 1996 �
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Federal/IDOT grant for both engineering design and construction.
The cost sharing is 75% Federall25% Village. As such, the Village
would be liable for approximately $6,085.00 of this Phase II
Engineering cost. The form of the contract has been reviewed and
approved by the Village Attorney.
Once IDOT has this agreement as executed by the Village, they will
generate a Joint Agreement between the Village and IDOT concerning
specific cost sharing dollars. Staff' will not proceed with this Phase 11
engineering contract until IDOT formally approves it and issues the
Notice to proceed.
Motion by Trustee Payovich, seconded by Trustee Bartecki, to table
this item to the Regular meeting of November 12, 1996 in order to
provide an opportunity for further review of the Phase I engineering
report. VOICE VOTE: Motion carried
I it ►� ! �1► h 1, a
With the concept of rezoning, subdividing and selling individual lots
from properties owed by the Village in the Westchester Park area,
the Village needs to subdivide the property and construct certain
improvements as required by the Village's Subdivision Regulations.
The first step in the process would be to accomplish preliminary
engineering in conjunction with a preliminary plat. This would
provide the Village with a concept depicting the proposed
subdivision. necessary improvements, and their estimated costs.
Staff contacted Webster, McGrath & Ahlberg. Ltd., the firm that
accomplished the most recent Westchester Park Subdivision for the
Village. The Webster firm said that they could accomplish this work,
and staff has been discussing the form of contract.
The specific work include:
1) Topograpf,, _.: survey /uti Fty locations.
2) Preliminary Plat with pr .iminary engineering to incorporate
stormwater management.
3) Drainage analysis and storm sewer layout.
4) Meeting to review preliminary drainage and engineering.
The Agreement provides for this work at a not -to- exceed cost of
$14,250. The design process will involve the residents of the
VILLAGE OF OAK. BROOK Minutes 8 of 16 October 22, 1996
SPORTS CORE/
WESTCHESTER PARK -
PRELIMINARY PIXi
PRELIMINARY
SUBDIVISION -
AGREEMENT FOR
ENGINEERING
SERVICES
F.
0 0
neighbod od, who have an obvious interest in the outcome and who
could be interested in enlarging their lots through this re- subdivision.
The product %%°ill be a Preliminary Plat of Subdivision that the Village
can refer to the Plan Commission for public hearing. Funds for these
services, in the amount of $15,000, are inched in the 1996 Budget in
Program 8101, Rath and Tennis Club General Operation.
Motion by Trustee Kenny, seconded by Trustee McInerney, to
approve an Agreement for Engineering Services with Webster.
McGrath & Ahlberg, 1.td., for surveying and engineering services in
connection with the Spins Core 'estchester Park Subdivision in the
not- to- exceed amount of $14,250.00. ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich,
Savino and Shumate.
Nays: 0 - Now-
Absent: 0 - None. Motion curried.
Staff has been in contact with the developer periodically over the past
many months to remind hire of his completion date and his
contractual obligations. The developer has responded with a letter
dated October 2, 199 6 requesting a tines extension to April 30, 1997.
In reviewing this time request, any work accomplished between now
and the April 30th date will not be properly restored and the April
30th date is premature. A more appropriate date would be June 30,
1997 which allows significant time for construction and restoration.
Village Engineer Durfey has discussed this revised date with the
applicant who then agreed-
The Village has the following options available:
1) Grant a time extension to the Developer.
2) Declare the developer to be in default, call the subdivision security
and have the remaining work accomplished by outside contractors.
Necessarily, this would involve a considerable amount of staff time
and require the services of the Village Attorney.
VILLAGE OF OAK BROOK Minutes
9 of 16 October 22, 1996
COVINGTON
SUBDIVISION --
ExTENSION OF
COMPLETION DAT9
it
Village Engin r Du rfey recommends that a time extension be
approved with a new completion date of June 30, 1997. This date will
allow sufficient time for the Developer to accomplish his contractual
obligations and allow restmation to take place.
A.
Code Enter
B.
Engineering two
C.
Finance Depatuneft
D.
Fire Department/EMS
E.
Information Serica/
M.
Purchasing
F.
Legal Depaatanent
G.
Library
D.
Planning & .honing
I.
Police Depart
J.
Public Works
K.
Recycling
L.
Risk Management
M.
Specs Core - Bath & Tennis
and Golf
Iii.
Village Clerk
All departmental Quarterly Reports were discussed and accepted.
Library Director Martin explained that the Oak Brook Library Association is
funding the publicity for the advisory referendum, and no Library funds are
being used.
Police Chief Klatzco reported that crime in Oak Brook has been lowered.
Fifty -four members of our Police went are efficiently operating the
Department while six members are absent due to illness and leave. President
Bushy commended the Police Department, as their DUI arrests have doubled.
President Bushy commended Village Clerk Gonnella for her efforts in
providing absentee voting to Oak Brook residents.
VILLAGE OF OAK BROOD Minutes 10 of 16 October 22, 1996
le
........... ......
QUARTERLY
REPORTS
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9.
II
I
All
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The property is located on th- north side of Harger Road just east of
the Steeplechase Subdivision. It is wily wooded and is
approximately 14 acres in area. Sant Creek bisects the site on an
approximate line fronn the northwest to the southeast corners of the
site. Most of the property falls within the floodway, flood plain, and
wetlands along Salt Creek. °The only portion of the site that is
developable is an appmonimaw 1 -1A acre area at the southwest corner
and to a limited extent dw a*"" flood plain, The developable area
is adjacent to the Beers bmw on HarW Road and three lots in the
Steeplechase SubdivWm
The current proposal calls for two, two - story, thirty -foot (30')
structures containing a total of thirty (30) condominium units. The
surface parking has been relocated to the area adjacent to the
driveways. The stormwater detention and compensatory storage has
been moved under the building and below grand. The encroachment
into the flood plain is considerably reduced which allows the
floodway areas to be left essentially undisturbed.
The petition is seeking the following:
1) Rezoning of the R-3 portion of the site so that the entire site will be
R-4.
2) A text amendment to establish a new R-4 Special Use for multi-
family dwellings. The Special Use text will limit approved
developments to 2.5 dwelling units per acre, thirty -foot maximum
structure height, and a minimum of 70% open space.
3) Special Use approval for this property with the above new Special
Use category.
VILLAGE OF OAK BROOK Minutes 11 of 16 October 22, 1996
NONI TALBANQ /
RARGER ROAD
GONWNINIUMS
REZONING„ TEXT
AMENDMENT,
SPECIAL USE and
nOOD PLAIN
SPECIAL USE
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4) Approval of a Flood Plain Special Use.
The Plan Commnsion in making their recommendation for approval
of the Rezoning to R-4 fwd:
1) It was consistent %ith the character of the area.
2) It was consistent with the zoning classifications of the nearby
property.
3) The length of time under the existing zoning, the property has
remained vacant.
4) It was consistent with the reiatio hip of the proposed rezoning to
the Comprehensive Plan.
5) The lack of do impacts and the suitability of the R-4
classifies.
The Plan Commission in onking their motion to recommend denial of
the Text Amendment, Special Use, and Fled Plain Special Use with
Variation, made Ow following findings:
The Zrning Board of Appeals in making their recommendation to
deny the Rezoning, Test Amendment and Special Use based it on the
following findings:
1) The detrimental effects on the character of the area and property
values_
2) The property is not suitable for development of this intensity due
to the large extent of the flood plain. floodway, and wetlands.
3) The property has remained undeveloped because of the physical
constraints of the flood plain, floodway, and wetlands and not
because of the limier of the existing E,.,ning regulations.
4) The potential damage to the neighboring properties, if approved,
more than offsets the hardship to the petitioner, if denied.
VILLAGE OF OAK BROOK Minutes 12 of 16 October 22, 1996
5) Property values would be reduced.
6) The parking provided iac inadequate.
Trustee Shumate noted that ten factors must be addressed in any
zoning amendment request. Trustee Shumate noted the following
factors and findings from his review of the file:
1) Regarding the character of the neighborhood: the shin from a
density of approximately two units per acre to a net density of
approximately ten units per acre in the area of the proposed
condominium along with the small separation distance constitutes
a substantial, undesir" change in the character of the
neighborhood. Added to the above is the large bulk of the
proposed structure and the loss of the forested nature of the
property-
2) Regarding the extent to which property values are diminished by
the particular zonivg restri : the applicant apparently paid
5255,000 for this Imp parcel and another parcel on the other side
of Harger Rand. The applicant apparently has a total of four
buildable lots for detached singly - family homes on these parcels.
The zoning restrictis have been in existence for decades and
have ref diminished his property values. Stormwater and flood
plain issues must be added in another ordinance.
3) Regarding the extent to which the oval of the existing
lima iate the value of other property in the area:
there is testimony by the mighbor to the southuxg of the proposed
60 -foot condominiurn balding that his property values would be
substantially decreased by the proposed development.
4) Regarding the suitability of the property for the zoned purposes:
the property with it forested nature and large flood plain, floodway,
and wetlands is not suitable for this intensive development.
5) Regarding the existing uses and zoning of nearby property: while
the property south of Baager Road is used for comnw:ercud
purposes, all of the other property in the area outside of the
commercial district is used for single-family detached residences.
6) Regarding the length of time under the existing zoning that the
property has remained unimproved, considered in the cc-atext of
land development: the property has remained undeveloped
because of the constraints of the extensive flood plain, floodway,
and wetlands on the property and not the existing zoning-
7) Regarding the relative gain to the public as compared to the
hardship imposed on the individual property owner. the damage to
the adjacent neighbors more than offsets the hardship claimed by
the developer by the existing zoning limitations. Based on the
information available and the testimony given, the applicant paid
5
it
AGE OF OAK BROOK Minutes 13 of 16 October 22, 1996
4PT-7-4-W 1r,71
it
$255,000 for this tract and a smalkw parcel on the other side of
single-fbinily dwell-
Motion by Tnwee Shunuft, seconded by Trustee Payovich, based on
these findings, to deny the rezoning of the R-3 portion of the site so
that the entire site will be R-4. VOICE VOTE: Motion carried with
Trustee Savino voting nay.
Motion by Trustee Slumumr, wconded by Trustee Payo-vich. based on
these fixxhngs, to deny a text Ime 1 it to establish a new R-4
Special Use for multi- family condominiums. VOICE VOTE:
Motion canried unanimously.
Motion by Trustee Shumate, seconded by Trustee McInerney,,. to deny
the requested Special Use permit for this property based on the
proposed Special Use text amtendmeni which was previously denied.
VOICE VOTE: Motion carried vasaimously.
Motion by Trustee Shumate, seconded by Trustee PayovicI4 to deny
approval of a Flood Plain Special Use. VOICE VOTE: Motion
carried unanimously.
3V I %VJ I C-0-07411 I$) ZW'V:[CQ1:A "Wix tie l -0313:1.1111 0.3 01 k"i 61 (IN I
va's
The property is located on the east side of Adams Road at 35th Street
just south of the Forest Preserve District property. The total area is
approximately 9.7 acres. The site is heavily wooded and there is one
VILLAGE OF OAK BROOK Minutes 14 of 16 October 22, 1996
lave.
WEGNER WOODS
RESUBDIVISION
PRELIMINARY AND,,
FINAL PLAT WITH
FLOOD PLAIN
SPECIAL USE
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home currently on the site. It is presently divided into two lots and
this petition seeks to reconfigure the property into three lots. One of
the lots fronts on Adams and the other two lots are flag lots. The area
is zoned R -1 (2 -acre lots).
The property is bisected across the rear half by the Bronswood
tributary of Salt Creek and since the proposal is seeking to place the
stormwater detention in an one facility, a flood plain special use
is required. The omocam design for the detention facility is
consistent with several other similar facilities in this watershed, and it
has the advantage of allowing most of the existing trees on the site to
be saved.
Motion by Truaw Shumate, seconded by Trustee Savino, to direct the
Village Attorney to draft the necessary resolution and ordinance for
action at the Regulm meeting of November 12,1996. VOICE VOTE:
Motion carried.
:: i•s� •.
The applicant is requesting a reduction in the front yard from forty
(40') feet to thirty -fide (35') feet to allow construction of a four -foot
two -inch (4'2") roof cave that will encroach into the front yard. Plans
for the kitchen room addition has been approved by the York Woods
Homeowners Association architectur -d review committee. The
applicant, when appiying for his building permit, found out that the
proposed building cave encroached into the front yard and the eave
was subsequently eliminated in order to comply with the Zoning
Ordinance.
The permit was issued and construction was started. As the
construction progressed, the York Woods Homeowners Association
questioned the appearance as being significantly different from what
they approved. They have decided that the plan, as modified, is in
violation of their subdivision covenants. As a solution to this
problem. they encouraged the applicant to apply for a variation to
allow this relatively small encroachment and are actively supporting
VILLAGE OF OAK BROOK Minutes
G q�': -
15 of 16 October 22, 1996
AMATO — VARIATION
FRONT YARD
SETBACK
its approval- At tbc PA)k hcadM there was no public testimony in
opposition and the neighbors mw the York woods Homeowners
Association testified in RWW.
The Zoning Board of Appeals, by a vote of 5 to 0, mo,;ommended
approval of dic requested varkAw.
Motion by Trustee Shumate, seconda-ed by Trustee McInerney, to
direct the Village Attovmey to draft the necessary ordinance for a
variation to red= the fieW yard setback from forty (40%) feet to
thirty -five (35) feet to be effective October 22, 1996, for action at the
Regular nweting of November 12, 1996. VOICE VOTE: Motion
carried.
ATTEST:
(Q;d4ak. Gonnella. CMC.
Village Clerk
bot1022
VILLAGE OF OAK BROOK Minutes 16 of 16 October 22, 1996
ADJOURNMENT