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Minutes - 04/13/1998 - Committee of the Whole VILLAGE OF OAK BROOK COMMITTEE-OF-THE-WHOLE Minutes APRIL 13, 1998 UNOFFICIAL UNTIL APPROVED AS WRITTEN OR AS AMENDED X BY VILLAGE BOARD ON April 28, 1998 1. MEETING CALL: The Committee-of-the-Whole meeting of Monday, April 13, 1998 was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:34 p.m. Pledge of Allegiance was given. The Clerk called the roll with the following persons PRESENT: President Bushy,Trustees Caleel, Kenny, McInerney, Savino and Shumate. ABSENT: Trustee Bartecki. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager;and Tom Hawk, Director of Community Development. 2. REVIEW OF ZONING ORDINANCE PROVISIONS - RESIDENTIAL STR IRE HEIGHT: Village Manager Veitch recounted the staff prepared memorandum to the Board of Trustees addressing residential structure heights that had been reviewed in October of 1997. This was referred to the Plan Commission and Zoning Board of Appeals at the Village Board meeting of October 28, 1997. The Plan Commission discussed this subject at their December, 1997 and January, 1998 meetings. The Zoning Board of Appeals discussed this at the January and February, 1998 meetings. This resulted in a recommendation letter from both referring bodies that it would be appropriate to allow some height increases for maintaining future housing quality and value. They recommended the change should be done carefully so there wasn't any negative impacts on existing properties. Due to the relatively limited side yard separations in the R-3 and R-4 Districts, an increase in permitted height in those districts was inadvisable. They agreed that height relief should be limited to relatively large lots and should a text amendment be proposed, the input of the homeowners associations would be valuable in arriving at a decision. This would be readily provided for through the public hearing process. The Plan Commission and Zoning Board of Appeals have recommended the consideration of the development of a Zoning Ordinance Text Amendment based on the following conditions: 1. Height increase is limited to properties in R-1 and R-2 Zoning Districts. 2. Minimum lot size of 1.5 acres. 3. Maximum height of forty feet (40') based on an increase of one foot of structure height for each 1.5 foot increase in interior side yard provided. Front, corner lot side, and rear yards will remain as specified in the underlying zoning district. 4. Only applies to roof pitches 5/12 and greater. Does not apply to flat roofs or roof pitches lower than 5/12. 5. In order to inform future property owners of the increased interior side yards required, a document shall be recorded with the Recorder of Deeds indicating the use of this zoning provision y COMMITTEE-OF-THE-WHOLE Page 1 of 5 April 13, 1998 Minutes Trustee Kenny stated he liked the concept to allow the text amendment. It gives the opportunity for quality and architecturally correct homes. He would hope that our staff and the two referring bodies as being correct on the proportions of the proposal. The critical distinction is that the side yard proportion is reasonable. Trustee Shumate asked where the location of the 40-foot height would be in a home. The overall height may be 40 feet, but the wings are less in height. Could a variable side yard be given with a smaller footprint for a home? Trustee Caleel asked how many 1.5 acre lots are available for sale located in Oak Brook. Director of Community Development Hawk noted there is a minimal amount that would apply to the R-1 and R-2 Districts. Trustee Caleel asked if the Village could allow corrections of flat roofs rather than a text amendment. Trustee Savino also agreed so that homes may be architecturally correct, but homes in R-3 and R-4 Districts may cause some problems with neighbors. Could this be liberalized for a change in the R-1 and R-2 Districts and the Village receive input from the homeowners associations in those districts. Most of the truncated roofs are in Midwest Club and Trinity Lakes which would not benefit with the proposed 1.5 acre lot. Village Manager Veitch suggested the Board may wish to consider, without changing the basic side yard requirements, to require that any portion of the home more than 30 feet, up to 40 feet, provide separation from the property line according to the 1.5:1 formula. Village Manager Veitch suggested an option for the Village Board is placing these considerations in a text amendment petition and refer it for public hearing for the Plan Commission and Zoning Board of Appeals. Trustee Kenny asked if expert testimony should be received from an architect on this issue. Director of Community Development Hawk noted that architects would like to see this increase occur, because they have to adjust to the requirements of our Zoning Ordinance. He suggested that a side yard variable within a text amendment with a graduated side yard feature could be drafted by the staff and brought-to-the Village Board for review and then referred to the Plan Commission and Zoning Board of Appeals for public hearings. Trustee Kenny asked that a draft for the homeowner associations be considered for their input. President Bushy asked how restrictive the Village would want to be in the value of the homes only allowing 1.5 acre lots to be considered. Trustee Savino asked to consider flexibility and freedom in design. Director of Community Development Hawk stated consideration of one acre lots so that some subdivisions like Hunter Trails and Ginger Creek would then be included. Village Manager Veitch suggested that staff draft a text amendment for review and referral by the Village Board that would permit additional height provided that the portion of the structure higher than 30 feet deserves an extraordinary interior side yard requirement. The amendment would be applicable to lots one acre and larger, in R-1 and R-2 Zoning Districts. Again, President Bushy thanked Trustee Savino for bringing this subject before the Board of Trustees, as this ensures the Village of Oak Brook remaining in the forefront of municipalities in housing quality and value. COMMITTEE-OF-THE-WHOLE Page 2 of 5 April 13, 1998 Minutes Village Manager Veitch will present the consensus of this evening for the Board to review at their Regular meeting of April 14, 1998. 3. ELECTRIC DEREGULATION- IMPLICATIONS FOR OAK BROOK: Village Manager Veitch reported on the electric deregulation having significant impact on our electric utility tax for Oak Brook; the potential impact for the compensation the Village receives from the Commonwealth Edison franchise; the opportunity to aggregate load on behalf of Oak Brook customers and purchase electricity in the open market. Distribution reliability is crucial to Oak Brook and the entire Commonwealth Edison service area. Even with deregulation, distribution reliability remains under the jurisdiction of the Illinois Commerce Commission. UtiIi , Tam- Residential: Existing gross receipts tax rates may be used through July 31, 1999. • 15%rate reduction for residential customers effective August 1, 1998 • Revenue neutrality dependent upon implementation of excise(per kwh)tax as of that date • Mayors and Managers participating in consortium to: • Develop municipality-specific excise tax rates to preserve our existing revenue after August 1, 1998(must be neutral in the aggregate and within each of 10 tiers) • Preparing of model excise tax ordinance • Cost is approximately$650 • August 1, 1998 effective date is the goal • Based on 1997 gross receipts tax revenue • Oak Brook gross receipts rate reduced from 4%to 3%as of January 1, 1998 The Board will be free to adjust these rates from year to year. The excise tax rates cannot exceed more than a 5% gross receipt tax on the 1997 actual power consumption. The overall restriction is 5% forever-of kilowatt hours but only may increase through growth and consumption. Village Manager Veitch will present this soon, as this process must be completed and adopted by the Village Board by August 1, 1998. The consultants on this project are to report to the DuPage Mayors and Managers Conference this month. Non-Residential: Existing gross receipts tax rates used until December 31, 2000 (or when customer gains access to market) Franchise Compensation- rr r I : • Free service for general governmental purposes (excluding electric heat) - (Village Hall, Public Works, Library, Fire Stations) • Free energy for traffic signals COMMITTEE-OF-THE-WHOLE Page 3 of 5 April 13, 1998 Minutes The consultants are receiving data from Commonwealth Edison to appraise the value the Village received in 1997. Commonwealth Edison has been very cooperative in providing this information to the Village. Alternative: • The Village will no longer receive free service but is allowed an Infrastructure Maintenance Fee(IMF) • Rate calculated to yield value of 1997 free service • Same 10 tier structure • Available as of August 1, 1998 • Mayors and Managers consortium will develop municipality-specific IMF rates and a model IMF ordinance for the Village to consider Advantages: • Ability to shop for most economical source(access to market will be phased) • Freedom to structure contract terms • Ability to joint purchase • with other organizations and local governments • with residents • Receipts increase if total usage increases based on units of consumption • Market value of free electricity expected to decline (the pumping of our water is the most usage of power in Oak Brook) Trustee Kenny noted that Batavia generates it own electricity. Village Manager Veitch explained that Oak Brook could buy power, but the Village does not own the distribution. Commonwealth Edison owns the distribution of electricity, and they wish to be an electric transportation company rather than a utility company. Trustee Caleel voiced concern with Commonwealth Edison still being the distributor even though we may buy power elsewhere. Village Manager Veitch indicated that the Illinois Commerce Commission will develop rules and criteria on reliability of service. Customers will have the right to sue Commonwealth Edison if there are service problems. President Bushy commended DuPage Mayors and Manager Executive Director, Lynn Montei, for participating in these discussions with the municipal organizations and legislators in this process. Village Manager Veitch commented that the City of Chicago and the municipal conferences are participating in the regulation process with the Illinois Commerce Commission which is critical to the quality of distribution service. Load Aggregation- Access to market will be phased: • Large business customers gain access to the generation market on October 1, 1999 • One third of small business and municipalities gain access on that date as well • Remaining businesses and municipalities gain access to market on December 31,2000 • Residential customers may "shop" beginning in 2002 COMMITTEE-OF-THE-WHOLE Page 4 of 5 April 13, 1998 Minutes t�t"1 Opportunities to aggregate load potentially include: • Joint purchasing with other municipalities • Aggregating load with Oak Brook businesses • Aggregating load with or among Oak Brook homeowners and/or entire neighborhoods Process: • Mayors and Managers researching mechanics of municipal aggregation • Consultants are marketing services to assist clients in procuring power on the open market and analyzing feasibility of aggregation 4. ADJOURNMENT: Motion by Trustee Caleel, seconded by Trustee Kenny, to adjourn the Committee-of-the-Whole meeting at 9:17 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella,. Village Clerk cow41398 COMMITTEE-OF-THE-WHOLE Page 5 of 5 April 13, 1998 Minutes