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Minutes - 12/12/2006 - Board of Trustees (2)MINUTES OF THE DECEMBER 12, 2006 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON FEBRUARY 27, 2006. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by Junior President of the day Molly O'Connor in the Samuel E. Dean Board Room of the Butler Government Center at 7:37 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig, Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford, Asif Yusuf and Junior President of the Day, Molly O'Connor. ABSENT: None. IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant Village Manager; Kenneth T. Kubiesa, Village Attorney; James Bodony, Fire Chief; Dale L. Durfey, Jr., Margaret Klinkow Hartmann, Library Director; Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Nelson Patras, Bath & Tennis Club Operations Manager; Thomas Sheahan, Chief of Police and Trey VanDyke, Golf Club Manager. 3. PRESIDENT'S OPENING COMMENTS Junior President of the Day, Molly O'Connor thanked the group for having her at the meeting. President Quinlan reported that Finance Director Langlois had indicated that the Village had an outstanding sales revenue year which put the Village in a good, solid financial position. 4. RESIDENT /VISITOR COMMENT President Quinlan announced that there were quite a few residents who wished to speak to the Board. He asked those that wished to address the Brittwood Creek topic if they were willing to save their comments for the time on the agenda when the topic would be discussed. There were no objections. He suggested that rather than call on citizens in the order of their sign in, that he group them by topic. There were no objections. VILLAGE OF OAK BROOK Minutes Page 1 of 17 December 12, 2006 4. Resident and former Trustee Albert Savino addressed the Board on the topic of the Old Butler School. Mr. Savino, President of the Oak Brook Historical Society, wanted to update the Board on the mold issues caused by a storm in October. He indicated that the insurance carriers for both the Village and the Park District have declined responsibility for the damages. He asked if the Board would seek legal advice as to where the liability should lie, and pursue the insurance carriers of that entity. He also asked for financial assistance for the repair of the windows. Citizens who wished to address the Starbucks issue deferred to speak at a later time in the agenda, if needed. Citizens who wished to address the Deerpath Woods issue deferred to speak at a later time in the agenda. 5. APPROVAL OF MINUTES A. Regular Board of Trustees Meeting of July 25, 2006 Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of the July 25, 2006 Regular Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. B. Regular Board of Trustees Meeting of September 26, 2006 Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of the September 26, 2006 Regular Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Trustee Aktipis asked to remove 6.K. An Ordinance Granting A Special Use For An Outdoor Dining Area Adjacent To A Restaurant And A Drive -In Establishment For A Permitted Restaurant For Starbucks Coffee continued from November 14, 2006 meeting to allow citizens to speak to the topic. A. Accounts Payable for Period Ending December 8, 2006 - $302,187.36 B. Approval of Payroll for 1) Pay Period Ending November 18, 2006 - $656,988.39 2) Pay Period Ending December 2, 2006 - $675,242.21 C. Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) 2007 Paving Project E. Budget Adjustments VILLAGE OF OAK BROOK Minutes Page 2 of 17 December 12, 2006 31 7. F. Regional Bike Trail — Salt Creek Greenway Trail — Amendment to the IDNR Grant Agreement G. An Ordinance Granting a Variation from the Driveway Spacing Requirements of Chapter 12 (Off Street Parking and Loading) of Title 13 (Zoning Regulations of the Village Code of the Village of Oak Brook (515 Wood Road) H. An Ordinance Amending The Zoning District Map Concerning The Property Located At 2407 22nd Street, Oak Brook, Illinois 60523 continued from November 14, 2006 meeting. I. An Ordinance Amending Article C (B3 General Business District) Of Chapter 7 (Business Districts) Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook To Add A Special Use For Outdoor Dining Areas Adjacent To Restaurants continued from November 14, 2006 meeting. J. An Ordinance Granting A Variation From The Provisions Of Section 13- 7c -3.0 And Section 13- 12 -3.1-1 Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook Relative To Front Yard Requirements And Yard Requirements For Off - Street Parking Spaces continued from November 14, 2006 meeting. L. An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook Motion by Trustee Kennedy, seconded by Trustee Aktipis, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. ITEMS REMOVED FROM CONSENT AGENDA 6. K. AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT AND A DRIVE -IN ESTABLISHMENT FOR A PERMITTED RESTAURANT FOR STARBUCKS COFFEE CONTINUED FROM NOVEMBER 14, 2006 MEETING. President Quinlan asked the citizens concerned on this issue if they wished to address the Board. No one wished to speak. Motion by Trustee Aktipis, seconded by Trustee Kennedy, for Passage of Ordinance S -1176 An Ordinance Granting A Special Use To For An Outdoor Dining Area Adjacent To A Restaurant And A Drive -In Establishment For A Permitted Restaurant For Starbucks Coffee continued from November 14, 2006 meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 3 of 17 December 12, 2006 8. BOARD & COMMISSION RECOMMENDATIONS A. BRITTWOOD CREEK, LLC — MAP AMENDMENT AND PRELIMINARY PLAT OF SUBDIVISION WITH VARIATION TO SUBDIVISION REGULATIONS CONTINUED FROM NOVEMBER 28, 2006 MEETING Resident Robert Lindgren in his capacity as Vice President of the Fullersburg Woods Area Association read a Resolution adopted by the Fullersburg Woods Area Association indicating that it opposed any changes to the Planning and Zoning Codes of the Villages of Oak Brook and Hinsdale that would increase development density or permit non - residential development beyond that explicitly allowed in the current Village Codes. He expressed that many residents of Fullersburg Woods continue to be concerned about the proposed development. He expressed his personal opinion that the density of this development was more than he interpreted the Code to allow and iterated the problems of limited access for the surrounding area. Resident Sharon Lindgren also spoke to the issue of Brittwood Creek citing the impact increased density had on the School Districts, access to the area and public safety access Resident Collins Whitfield spoke to the Board relative to his positive experience with the developer of Brittwood Creek who also developed Forest Gate where he currently lives. Resident Mike Chambers spoke in support of the project recognizing that change is inevitable and commented that the developer had worked with local residents to address concerns. Resident Linda Campbell addressed the Board acknowledging how she has seen Oak Brook develop from farmland to a very fine community based on smart decisions on development and showed support for the proposed development Residents Fred Cappetta, Anthony Pasquinelli of Breckenridge, Mrs. Maryann Kaufman of Adams Road and Mr. Ray Allen of 35th Street, all residents in close proximity to the development, spoke on behalf of the Brittwood Creek development in that it was felt that the development as currently proposed was agreeable and within the law. The petitioner via Mr. Walter Morrissey, attorney for the project, addressed the Board relative to the changes in zoning and iterated a number of other Oak Brook properties that did not conform to the two acre zoning and described the layout of the proposed area and the reasons for the specific acreage. VILLAGE OF OAK BROOK Minutes Page 4 of 17 December 125 2006 8.A. Trustee Sanford thanked and congratulated the residents affected by the development and the developer for their willingness to negotiate their differences to resolve this matter in a mutually acceptable manner. MAP AMENDMENT Plan Commission — At its meetings on March 20, 2006, April 17, 2006 and May 15, 2006, the Commission completed its review and deliberation on a request from Brittwood Creek LLC (contract purchaser) on behalf of the property owner, the Institute of Basic Life Principles, the owners of the 57.52 acres located at the Southeast Corner of 35"' Street and Rte. 83 for a map amendment from R -1 to R- 2 to accommodate future development of the property for up to 35 single- family lots. Concurrent to this request, the applicant was also seeking separate approvals of a preliminary plat of subdivision and several variations and waivers to the Subdivision Regulations. Under this request, the applicant sought a change to the zoning on approximately 34.7 acres of the 57.52 acre site. Within the area to remain R -1, the applicant was proposing the platting of 10 lots. Within the area to be rezoned R -2, the applicant was proposing 25 lots with lot sizes transitioning in size with the largest lots being located along the area zoned R -1 to the smallest lots being located along the frontage of Rte. 83. Zoning Board of Appeals — At its meetings on July 26, 2006 and November 7, 2006, the Zoning Board of Appeals held the required public hearing and completed its review and deliberation on a request from Brittwood Creek LLC (contract purchaser) on behalf of the property owner, the Institute of Basic Life Principles, the owners of the 57.52 acres located Southeast Corner of 35`' Street and Rte. 83 for a map amendment from R -1 to R -2 to accommodate future development of the property. The petitioner originally sought a change in the zoning from R -1 to R -2 on approximately 34.7 acres of the 57.52 -acre site. However, since the public hearing was opened in July, the petitioner and the objectors (subject parties) to the original request have had ongoing discussions to reconcile a number of issues that relate to the development of the property. Based on testimony provided by both the petitioner and the representatives of the objectors at the November 7, 2006 meeting, a settlement agreement has been agreed to by the subject parties that address all of the outstanding issues that had been documented in the case file. Accordingly, a covenant has been recorded against the subject property which binds the future development of the property to the agreed upon conditions. A key element of the agreement is that the total area proposed to be rezoned VILLAGE OF OAK BROOK Minutes Page 5 of 17 December 12, 2006 8.A. from R -1 to R -2 has been decreased from 34.7 acres to 28.64 acres. Under this revised zoning scheme, the total number of lots that could be developed has been decreased from 35 to 30. The parties also agreed to prohibit the future access to and use of Breakenridge Farm Road. Recommendation Plan Commission — By a vote of 7 to 0 (motion by member Wolin, seconded by Member Saiyed), the Commission recommended denial of the petitioner's request for a map amendment from R -1 to R -2 for a portion of the property to accommodate future development of the property for up to 35 single - family lots. In making this recommendation to deny, the Plan Commission found that: 1. The applicant has submitted all required documents to the Village for a map amendment. 2. The current requested map amendment from R -1 to R -2 was reviewed on March 20, 2006, April 17, 2006 and May 15, 2006. 3. Testimony was presented by the applicant and a team of expert witnesses supporting the requested map amendment. 4. Testimony was also presented by a number of objectors and their expert witnesses objecting to the requested map amendment. 5. Testimony was presented by the objectors that also addressed in detail the LaSalle factors, which governs zoning modifications in Illinois communities. 6. With respect to the individual LaSalle factors: a. The objectors have established that the proposed development is not in keeping with the surrounding land uses and zoning of the 150 contiguous acres (i.e., character of the neighborhood). b. The objectors have established that the highest and best use of the subject property is residential but because of the physical characteristics of the area, not less than two -acre development should be approved. C. The objectors have established that the value of the property is not diminished at all by the current R -1 zoning. d. The objectors have established that the proposed Brittwood Creek development does not promote the public health, safety, morals and general welfare of the public because the project will significantly increase the burdens upon municipal services when compared to the impact of developing the property at its current R -1 zoning. e. The objectors have established that there is no gain to the public if developed as proposed. f. The objectors have established that the residents of the adjacent 79 acres have a right to expect the subject parcel to be developed to the same standards that existed when the existing R -1 zoning was adopted. g. The objectors have established that the property has remained vacant VILLAGE OF OAK BROOK Minutes Page 6 of 17 December 12, 2006 8.A. due to the owner's choice. h. The objectors have established that the proposed development of Brittwood Creek is inconsistent with the current Oak Brook Comprehensive Plan. 7. The objectors have established that the plight of the owner is not due to unique circumstances. 8. The petitioner knew that he was buying the property that is zoned R -1. 9. The objectors have refuted the testimony from the applicant that the proposed development of Brittwood Creek will not negatively impact the adjacent properties. 10. The objectors have also provided testimony that the development of Brittwood Creek is in conflict with the natural area and will be environmentally unfriendly relative to existing trees, wetlands and wildlife. Zoning Board of Appeals — By a vote of 6 to 0 (motion by member Young, seconded by Member Nimry), the Zoning Board of Appeals did not concur with the Plan Commission recommendation and findings for denial and recommended approval of the petitioner's modified request for a map amendment from R -1 to R -2 for 28.64 acres. In making this recommendation for approval, the Zoning Board found that: 1. The applicant has addressed and satisfied the required factors to recommend approval of the map amendment as revised, subject to the recorded covenants and conditions; 2. Development is to be in substantial conformance with the revised zoning plan and subdivision plat. Staff Comments After reviewing all of the information that was submitted on behalf of both the applicant and the objectors and attending the many meetings that were held by the Plan Commission and Zoning Board on the proposed Brittwood Creek project, several important pieces of information need to be highlighted; 1. The original Brittwood Creek (known at that time as Breakenridge Woods) proposal requested a map amendment that would have resulted in the creation of 44 lots. 2. The revised Brittwood Creek proposal that was reviewed by the Plan Commission requested a map amendment that would have resulted in the creation of 35 lots. 3. The recommendation from the Zoning Board of Appeals for approval of the modified map amendment would result in the creation of 30 lots, or a 31.8 percent reduction from the initial request. 4. As part of the Plan Commission deliberations on the Brittwood Creek zoning amendment, the application of several of the LaSalle Factors was VILLAGE OF OAK BROOK Minutes Page 7 of 17 December 12, 2006 Airfam determined to be very close and could have resulted in the Commission either recommending approval or recommending denial. Even though both the applicant and objectors provided a detailed analysis of the LaSalle Factors, the basis for the Plan Commission motion was to concur with objector's analysis. 5. Both the Plan Commission and Zoning Board of Appeals went to great lengths to ensure that everyone who wanted to participate in the many meetings that were held had the opportunity to make their voice heard. 6. At the November 7, 2006 Zoning Board of Appeals meeting, the objectors formally withdrew their objections that were raised on the previous map amendment requests and publicly voiced their support for the revised zoning amendment which creates the framework for Brittwood Creek to be developed with 30 single family homes. Trustee Craig commented that he was originally against this project, but after seeing what negotiations between residents and developers can accomplish he is pleased that Oak Brook can work out differences amiably. Trustee Yusuf concurred reiterating what has been said that sellers have a right to sell and buyers have a right to buy. Trustee Kennedy also concurred. Trustee Aktipis also concurred, however he expressed that he did not wish to see any change of zoning in the Village unless there was overwhelming support of the residents. Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the recommendation from the Zoning Board of Appeals and approve the requested map amendment from R -1 to R -2 or approximately 28.64 acres of a 57 acre parcel located at the southeast corner of Route 83 and 35t" Street and authorize the Village Attorney to draft the necessary ordinance for final consideration at the January 8, 2007 Board of Trustees meeting. VOICE VOTE: Motion carried. PRELIMINARY PLAT AND VARIATIONS /WAIVERS TO THE SUBDIVISION REGULATIONS Backizround At its meetings on March 20, 2006, April 17, 2006 and May 15, 2006, the Plan Commission completed its review and deliberation on the requests from Brittwood Creek LLC (contract purchaser) on behalf of the property owner, the Institute of Basic Life Principles, the owners of the 57.52 acres located at the Southeast Corner of 35"' Street and Rte. 83 for a preliminary plat of subdivision and several variations and waivers to the Subdivision Regulations to accommodate future development of the property for up to 35 single - family lots. A separate request for a map amendment to rezone 34.7 acres from R -1 to R -2 was also submitted. VILLAGE OF OAK BROOK Minutes Page 8 of 17 December 12, 2006 8.A. Within the area to remain R -1, the applicant was proposing the platting of 10 lots. Within the area to be rezoned R -2, the applicant was proposing 25 lots with lot sizes transitioning in size with the largest lots being located along the area zoned R -1 to the smallest lots being located along the frontage of Rte. 83. As part of the proposed 35 -lot preliminary plat of subdivision, the applicant requested several variations /waivers to the Subdivision Regulations as part of their overall subdivision design. The specific variations /waivers include: • 14 -6 -2 (Design Standards) — seek waiver of the standard of minimum and maximum blocks lengths. • 14 -6 -3 (Land Improvement Standards) — seek waiver for approval of a 22 -ft. wide private street. • 14 -6 -3 (Land Improvement Standards) — seek waiver of requirement for curbs and gutters. • 14 -6 -31) (Storm Drainage System) — seek waiver to permit storm drainage in front yard easements. • 14 -6 -3G (Public Utilities) — seek waiver to permit utility easements in the front yard to preserve open space. • 14 -6 -3E (Sidewalks) — seek waiver of requirement for paved sidewalks. • 14 -6 -3F (Street Lighting System) — seek waiver of requirement to permit the installation of a post lamp for illumination. • 14 -6 -3L (Subdivision Gateways) — seek waiver of requirements to permit gateway to be constructed to a height of 20 -ft. and be constructed 2 -ft. from the edge of pavement. However, since the time that the Zoning Board of Appeals opened the July 26, 2006 public hearing on the proposed map amendment, the petitioner and the objectors (subject parties) to the original request have had significant discussions to reconcile a number of issues that relate to the development of the property. Based on testimony provided by both the petitioner and the representatives of the objectors at the November 7, 2006 meeting, a settlement agreement has been agreed to by the subject parties that addresses all of the outstanding issues that had been documented in the case file. Accordingly, a covenant has been recorded against the subject property which binds the future development of the property to the agreed upon conditions. A key element of the agreement is that the total area proposed to be rezoned from R -1 to R -2 has been decreased from 34.7 acres to 28.64 acres. Under this revised zoning scheme, the total number of lots that could be platted has been decreased from 35 to 30. In addition, the original list of requested variations and waivers to the Subdivision Regulations has been reduced to: • 14 -6 -2A (Design Standards) — seek variation of the standard of minimum and maximum blocks lengths. VILLAGE OF OAK BROOK Minutes Page 9 of 17 December 12, 2006 8.A. . 14 -6 -3A (Land Improvement Standards) — seek variation for approval of a 22 -ft. wide pavement with a private street. • 14 -6 -3A (Land Improvement Standards) — seek waiver of requirement for curbs and gutters. • 14 -6 -3E (Sidewalks) — seek waiver of requirement for paved sidewalks. The parties also agreed to prohibit the future access to and use of Breakenridge Farm Road. Recommendation By a vote of 7 to 0 (motion by member Wolin, seconded by Member Saiyed), the Plan Commission recommended denial of the petitioner's requests for a preliminary plat of subdivision map for up to 35 single - family lots and variations and waivers to the Subdivision Regulations based upon the Plan Commission recommendation to deny the map amendment as the proposed plat would not conform to the zoning. Staff Comments: 1. The original Brittwood Creek (known at that time as Breakenridge Woods) proposal requested a map amendment that would have resulted in the creation of 44 lots. 2. The revised Brittwood Creek proposal that was reviewed by the Plan Commission requested a map amendment and preliminary plat with 35 lots. 3. The recommendation from the Zoning Board of Appeals for approval of the modified map amendment would result in the creation of 30 lots, or a 31.8 percent reduction from the initial request. 4. Both the Plan Commission and Zoning Board of Appeals went to great lengths to ensure that everyone who wanted to participate in the many meetings that were held had the opportunity to make their voice heard. 5. At the November 7, 2006 Zoning Board of Appeals meeting, the objectors formally withdrew their objections that were raised on the previous map amendment requests and publicly voiced their support for the revised zoning amendment which creates the framework for Brittwood Creek to be developed with 30 single family homes. 6. The Village Engineer has reviewed the revised preliminary plat for 30 lots and provides his comments in a November 7, 2006 memorandum (see page 103 of the case file). 7. The waivers and variations to the subdivision regulations that will be required for a 30 -lot preliminary plat would include; a. 14 -6 -2A (Design Standards) — seek variation of the standard of minimum and maximum blocks lengths. b. 14 -6 -3A (Land Improvement Standards) — seek variation for approval of a 22 -ft. wide pavement with a private street. c. 14 -6 -3A (Land Improvement Standards) — seek waiver of requirement for curbs and gutters. d. 14 -6 -3E (Sidewalks) — seek waiver of requirement for paved VILLAGE OF OAK BROOK Minutes Page 10 of 17 December 12, 2006 8.A. sidewalks. 8. Director Kallien had reviewed the revised preliminary plat for 30 lots with the Fire Chief who has indicated that even though the proposed emergency access located in the far northwest corner of the project is not ideal, it is adequate and meets the Department's objective to ensure at least two points of access into all projects. Motion by Trustee Sanford, seconded by Trustee Kennedy, to approve the petitioner's requests for a revised preliminary plat of subdivision for 30 single - family lots and variations and waivers to the Subdivision Regulations subject to the conditions set forth in the November 7, 2006 memorandum from Engineer Durfey. This motion is based upon the following: a. the Zoning Board of Appeals finding that the applicant has met all of the required standards for a map amendment; b. the Zoning Board of Appeals recommendation to approve a map amendment which rezones 28.64 acres of land from R -1 to R -2; c. testimony has been provided by both the applicant and objectors that agreement has been reached on a settlement agreement which places a covenant on the 57 acres which make up the Brittwood Creek property limiting future development of the property to 30 single - family lots; d. the revised plat dated November 2, 2006 found on page 99 of the case file is consistent with the revised map amendment; e. all of the significant issues previously raised by the Fire Chief have been addressed in the revised plat; and f. the Village Engineer is recommending that if the Board of Trustees find that the general concept of the Preliminary Plat is acceptable, it would be appropriate to approve the Preliminary Plat which includes variations and waivers to Sections 14 -6 -2A, 14 -6 -3A, and 14 -6 -3E of the Subdivision Regulations and revising the Plat regarding items 6, 8 and 9 of the November 7`i' memorandum to the satisfaction of the Village Engineer and Attorney with the caveat that all other outstanding issues be addressed in the final plat; and authorize the Village Attorney to draft the necessary ordinance for final consideration at the January 8, 2007 Board of Trustees meeting. VOICE VOTE. Motion carried. B. DEERPATH WOODS — FIVE -LOT PRELIMINARY PLAT — 12.2 ACRES — WEST OF ADAMS ROAD, SOUTH OF BREAKENRIDGE FARM ROAD Mr. Steven Norgaard, representing the developer addressed the Board and also explained the discussions with residents relative to the use of a local road, which the developer has agreed not use as access as requested and will develop a road for the use of the new development.. VILLAGE OF OAK BROOK Minutes Page 11 of 17 December 12, 2006 8.13. Resident, Elaine Iozzo addressed the Board and expressed concern for the changes in easements. Mr. Cappetta also spoke indicating that there had been discussions and that the developer worked in good faith, but the Institute had not moved forward with their agreement and he asked the Board to continue this matter until details can be worked out. Discussion ensued as to whether it was advisable to move forward with this step while residents work out details. It was determined that this was just one step in the process and it would not be finalized if there were factors that would enter into the decision for finalization. The petitioner was asked whether there would be undue stress to the project if this decision was postponed until the next meeting. He responded that there would be additional costs and time delay, but that it was not undue stress. Motion by Trustee Kennedy, seconded by Trustee Craig, to continue this matter until the January 9, 2007 Board of Trustees meeting with the understanding that the parties would meet to resolve the issue. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE ADOPTING THE BUDGET OF THE VILLAGE OF OAK BROOK FOR 2007 On October 25, 2006, the Village Board held a Committee -of -the -Whole meeting to discuss priorities and major budget issues related to the 2007 Budget. Based on the consensus of the Board at that meeting, the draft 2007 Budget and 2007 -2011 Five -Year Financial Plan were finalized and were discussed at a second Committee -of -the Whole meeting on December 4, 2006. It was the consensus of the Board to place the draft 2007 Budget as presented on the agenda for the formal Public hearing on December 12, 2006, with formal consideration expected at the regular Village Board meeting later that same evening. The final ordinance has been prepared and will include a revenue exhibit, an expenditure exhibit, and a fund summary. Trustee Kennedy had concerns relative to several issues. Relative to the issue of selling a portion of the Village water system that if the sale is not consummated the Village would be able to institute the pre -set water rate increase effective January 1, 2007. Village Manager Richard Boehm responded that the Village would be able to institute the water rates. VILLAGE OF OAK BROOK Minutes Page 12 of 17 December 12, 2006 9 B. 1) An additional concern, as was also noted by Trustee Aktipis, was that there was not money in the budget for remediation of the mold issue in the Old Butler School building which now houses the Historical Society Museum. He wanted to be assured that if it was determined that the Village has an obligation to deal with this issue, that the Village would be able to find money to accomplish the remediation. Trustee Kennedy also expressed concern for the deterioration of the windows in that building. It was confirmed that the Village has the ability to transfer funds. Manager Boelun also responded that the Historical Society had a consultant provide estimates on the replacement of the windows which was in excess of $180,000 and those funds were not available for this budget. Trustee Aktipis suggested that the budget be reviewed after sixty days to determine if there might be funds available for use in maintaining the Old Butler School. Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage Ordinance S -1174, an Ordinance Adopting the Budget of the Village of Oak Brook for 2007. ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 1 - Trustee Aktipis. Absent: 0 - None. Motion carried. 2) AN ORDINANCE AMENDING SCHEDULE VII (PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS) OF SECTION 7 -2 -1 (TRAFFIC SCHEDULES) OF TITLE 7 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK The Village Attorney was directed to prepare an Ordinance which prohibits parking on the South Terminus of Tower Drive - 22nd Street South. Trustee Yusuf indicated that there was not an imminent need to move on this since it was related to construction of the Starbuck's project which has not yet begun. Trustee Manofsky disagreed, feeling that because of construction, etc. it would be advisable to pass the ordinance now. An amendment was made and accepted to change the effective date of the prohibition to January 5, 2007 Motion by Trustee Yusuf, seconded by Trustee Manofsky, for passage of Ordinance G -820, An Ordinance Amending Schedule VII ( "Parking Prohibited At All Times On Certain Streets ") of Section 7 -2 -1 ( "Traffic Schedules ") of Title 7 ( "Motor Vehicles and Traffic ") of the Village Code of the Village of Oak Brook. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 13 of 17 December 12, 2006 9. C. AWARD OF CONTRACTS 1) ELEVATED TANK PAINTING, CONSTRUCTION ENGINEERING SERVICES On November 14, 20063 the Board authorized staff to negotiate a contract with Dixon Engineering and Inspection Services for construction related services for the interior and exterior minor repair and painting of our two elevated water storage tanks. The scope of services to be provided by Dixon include: shop drawing review, preside over pre- construction meeting, pay request review, submittal review (welders certificate, confined space, fall prevention, etc.), paint sample collection, daily pre and post welding /painting inspections, and project closeout. Once the Dixon contract is awarded, staff will solicit competitive bids for the painting itself. Said bids will then be brought back to the Board for consideration. As previously noted, due to weather and operational considerations, the east tank (on Windsor just north of 22"d Str.) will be scheduled for painting in early spring and the west tank (on Tower Dr. just south of 22 "d Str.), late fall. Motion by Trustee Aktipis, seconded by Trustee Kennedy, that a contract be awarded to Dixon Engineering and Inspection Services, Yorkville, Illinois, for construction engineering services (inspection), subject to staff review, based upon a lump sum not to exceed an amount of $34,000. ROLL CALL VOTE: Ayes 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented. B ORDINANCES & RESOLUTIONS - None presented. C. AWARD OF CONTRACTS - None presented. D. ISSUANCE OF 2007 SCAVENGER/. SOLID WASTE HAULER LICENSES The Village Code provides for one residential scavenger license (to be issued to the hauler awarded the residential contract by the Village) and an unlimited number of commercial scavenger licenses. Pursuant to Section 4 -3 -2 of the Village Code, the Village Board issues scavenger licenses upon recommendation by the Village VILLAGE OF OAK BROOK Minutes Page 14 of 17 December 125 2006 10. D. Manager. Licenses are for the calendar year and the Board normally considers recommendation at its December meeting. All of the applicants have submitted the appropriate documents and fees. Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve issuance of commercial scavenger /solid waste hauler licenses to Crown Recycling & Waste Services, Inc.; Flood Bros. Disposal Co.; Roy Strom Refuse Removal Service, Inc. and Waste Management of Illinois, Inc. and subject to approval of certificates of insurance to Arc Disposal & Recycling; DisposAll Waste Services, LLC; Veolia ES Solid Waste Midwest, Inc. and a residential and commercial scavenger /solid waste hauler license to Allied Waste Services. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. E. REVISION OF TITLE 10 BUILDING REGULATION FEES Beginning in 2001, the Village Board has approved annual updates to the fee schedule in Chapter 10 — Building Regulations relative to fees associated with new construction activities (e.g. permits, plan review and inspections). At that time, the Board directed that the fee schedule be updated each year to ensure that a goal of cost recovery be met. Proposed Update Consistent with the Board's goal to cover Staff costs; the fee schedule applicable to the Village's building regulations has been updated. Since the estimated 2007 costs are proposed to increase by approximately 5 percent, each of the individual fee amounts have been updated by that amount. Some exceptions can be found where rounding was necessary or where the previous fee was found to be insufficient to our cover costs. One additional change that is being recommended in this update is the need to refine the fee assessed for residential tents. Since these tents are used by residents for special events that usually last no more than a day, a base fee of $30 per tent is being recommended which is less than the $92 fee for commercial tents. Motion by Trustee Kennedy, seconded by Trustee Manofsky, that the Village Board approve the recommended changes to the Fee Schedule in Chapter 10 — Building Regulations and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 9, 2007 meeting. VOICE VOTE: Motion carried. F. AMENDMENT TO TITLE 8 PUBLIC WORKS AND TITLE 9 STORMWATER REGULATIONS VILLAGE OF OAK BROOK Minutes Page 15 of 17 December 12, 2006 10. F. The Community Development Department is recommending an increase in plan and application examination and review fees from $49.00 to $51.00 per hour. Since the Public Works section and the Stormwater Management section of the Village Code have similar $49.00 per hour plan review fees, and since it would be unreasonably cumbersome to have two sets of plan review charges to be administered by the Community Development Department, Village Engineer, Dale Durfey recommend that these two sections also be increased to the $51.00 per hour charge. Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village Board approve the recommended changes to Section 8 -5 -2.A and Section 9 -7 -8.A and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 9, 2007 Board of Trustees meeting. VOICE VOTE: Motion carried. G. EXTENSION OF PART TIME ACCREDITATION MANAGER POSITION Since its inception, the position of Accreditation Manager has been held by a full time sworn police officer. Over the past years, a number of Sergeant's have held the position including Alan Borkovec. After Alan Borkovec's retirement in 2004 and with the approval of the Board in 2005, Alan Borkovec was asked to fill this part time Accreditation Manager position for a period of one year to assist the Village with both the CALEA mock accreditation and full accreditation process. This process was completed in November 2006. Due to changes in the CALEA standards and the familiarity with past CALEA processes', Mr. Borkovec's knowledge can be used to assure a smooth transition of the department policies and procedures with the new standards. Motion by Trustee Yusuf, seconded by Trustee Kennedy, to approve the extension of the accreditation managers part time position for another six month period for the Police Department. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT - Safe and happy holiday season from the Board and Staff. President Quinlan announced that the Village Hall was open for regular hours with the exception of December 22, December 25, '/2 day December 29 and January 1. He also announced that candidate packets were available in the Clerk's office and from the County. B. VILLAGE MANAGER - No report was given. VILLAGE OF OAK BROOK Minutes Page 16 of 17 December 12, 2006 11. C. VILLAGE CLERK - No report was given. 12. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 9:20 p.m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 17 of 17 December 12, 2006