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S-898 - 04/23/1998 - SPECIAL SERVICE AREA - Ordinances Supporting Documents :t -OR IF e "e o ouNrl •``~ VILLAGE OF OAK BROOD: 1 200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523-2255 PHONE: 630 990-30010 UAX: 630 990.0876 A hl D IU M DATE: April 23, 1998 TO: Village President and Board of Trustees SUBMCT: Policy Ordinance- Residential Special Service Areas RECOMMENDATION: That the Village Board adopt the affi shed ordinance, which would establish formally the policy of the Village with respect to establishment of residential special service areas in the Village. Attached is an proposed Village Board policy ordinance that would establish the Board's policy with respect to establishment of residential special service areas in the Village. The ordinance was developed in connection with the Village's 1998 objective to establish a policy and P rocedure for considering establishment of special service areas (SSA's) to install public improvements where requested by Village residents. The objective was established in response to ongoing discussions within at least two Oak Brook neighborhoods about post-development improvements. The ordinance was initially presentee, to the Board on February 23. It was modified in response to the Beard's comments and presentee again on March 24. On March 24, the board voted to place the ordinance on the active agenda for April 28 and asked that it be circulated to the presidents of the various homeowners associations for comments in the interim. The ord;Inance and an explanatory letter were mailed to the association presidents on March 27. As of this writing, no comments have been received. By way of review, the policy ordinance includes the following provisions: • Section 1 makes clear the fart that, since Oa'c Brook is not a home rule unit, the Village can establish SSA's only in accordance with the provisions of relevant state statute, which is an exhibit to the ordinance. Section 2 reiterates the fact that, consistent with the statute, the Village Board has sole end complete discretion over whether, or not to establish any SSA, r r Vf*tlap]President and Roard a(Trustm April 23, 1948 Page 2 • Section 3 establishes a threshold showing of interest that the Board will normally expect to see before proceeding with the complex and potentially costly process of establishing a SSA. The Board would be free however, to consid-:- establishment of a SSA under other � circumstances. • Section 4 provides that thz Village staff will prepare a report, including appropriate estimates of costs, to assist the Board in its consideration of an application and to provide information for affected property owners should the application proceed to the ordinance stage. • Section 5 makes clear the fact that all legal and financial parameters of any SSA will be determined solely by the Village Board. • Section 6 reserves the Village Board's right to set a limit on the costs that the Village will incur prior to the end of the objection period, the point at which a SSA becomes a legal reality. • Sections 7, 8 and g are standard provisions of Village Board policy ordinances. This matter appears on your active .agenda for April 28. Please let me know if you have any questions. I Stephen B. Veiteh Village Manager tsv Attachment I i i i f a 1 79 7. A '-TIVF�A FNI)A fit For i'Wal Actianl: A. A TMENTS: No Business. B. RESQLUDO`NS: 1) AMrV 00- - - AN ORDINAN- ORD. 98-SSA- - F TABZIi,3C7 THE,F+C?I,ICY OF IHE VILLACF,Q (2AK Exl-5--898 BROOK Ct)_NC RESID__UT AL SPECIAi. SERYMF POLICY CONCERtQI_ 17SIDENTIAI SPECIAL SERVICE AREAS The ordinance was initially presented to the Board at the February 23, 1998 Committee-of-the-Whole meeting. It was modified in response to the Beard's comments and presented again on March 24, 1998 at the Regular Board of Trust=.meeting. On March 24, 1998 the Board voted to place the ordinance on the active agenda for April 28, 1998 and asked that it be circulated to the presidents of the various homeowners associations for comments in the interim. The ordinance and an explanatory letter were mailed to the association presidents on March 27, 1998. No comments were received. The proposed ordinance would establish the Board's policy with respect to establishment of residential special service areas in the Village. The ordinance was developed in connection with the Village's 1998 objective to establish a policy and procedure for considering establishment of special service areas (SSA's) to install public improvements where requested by Village residents. The objective was established in response to ongoing discussions within at least two Oak Brook neighborhoods about post-development improvements. I Motion by Trustee Savino, seconded by Trustee Caleel, to pass Ordinance 98-SSA-RES-EXI-S-898, "An Ordinance Establishing The Policy Of The Village Of OPA Brook Concerning Residential Special Service Areas", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: S - Trustees Bartecki, Caleel, Kenny, Savino and Shumate. Nays: 0 - Nonc. Absent: I - Trustee McInerney. Motion carried. V LLA013 OF OAK BROOK Minutes S of I8 April 28, I , a