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G-226 - 02/14/1978 - SUBDIVISION - Ordinances Supporting Documents 1 • r BOARD OF EDUCATION C 2801 YORK ROAD TELEPHONE: 654-2887 P ELEMENTARY SCHOOL DISTRICT 53 ADMINISTRATIVE CENTER 2801 YORK ROAD TELEPHONE: 654-2887 OAK BROOK, ILLINOIS 60521 PAUL BUTLER SCHOOL 2801 YORK ROAD TELEPHONE: 654-2760 BROOK FOREST SCHOOL I ; 60 REGENT DRIVE TELEPHONE: 325-6888 i i May 3, 1977 t Kenneth G. Carmignani Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Mr. Carmignanic First, on behalf of the District 53 Board of Education, I..would like to thank you and members of the Oak Brook Village Board for your understanding of school district needs and your willingness to consider our concerns regarding a village policy providing for donations from developers of residential property. It is the conviction of the Board of Education that a developer whose residential subdivision will generate children for district schools carry some responsibility to help provide for those schools. When the developer sells a house lot, and_a home is subsequently constructed on that lot, the new homeowner does not pay a full tax bill for one to two years after occupying his home although he may enroll children in school immediately. Taxes for retirement of bonds for the building his child attends are paid by the other taxpayers of the district. We believe that the responsibility for paying- for school buildings is an immediate responsibility and this responsibility can be met only by an appropriate payment by the developer. Although our rationale for donations is related to the need to provide physical facilities for children, it might be pointed out that the new homeowner, in the first year of enrollment of his child in district schools, pays almost nothing for the operation of the schools of the district. In short, the time lag between occupancy of a new home and the payment of a full tax bill upon that home adversely affects providing an adequate number of classrooms for children and the operation of those classrooms after they have been built. May 3, 1977 Mr. Carmi.gnani Page 2 Mr. Butler and the Oak Brook Development Company have been most generous in providing the school district with building sites. The district has built schools on two of the three donated sites and plans a junior high school on the third site. If Mr. Butler and the Oak Brook Development Company have been kind enough to provide the junior high school site, it seems entirely fair and appropriate that other developers should make some contributions toward the construction of a school on that site since many of the future students of the school will be from their subdivisions. We would also like to think that a developer who stands to profit substantially from his development, by frequently using the excellence of the local school district to his advantage, has some responsibility to the schools of the district. The formula used by the district in determining a developer's donation is based upon the square footage of space that the projected number of children from the subdivision would require converted to a one year cost for providing that space. Data provided by the State of Illinois Capital Development Board would be used for our computation. Since Capital Development Board construction cost figures ,reflect the inflationary spiral, it is likely that a developer's donation for the current year would exceed another developer's donation from a previous year. The complete policy of School District 53 concerning developers' -donations and an example of how the mathematical computations are performed are on file in your office. If the village requires any further information concerning our policy, we shall be pleased to provide you with anything that you may need. Again, we are appreciative of your interest in school district concerns. Very r�uly yours, F E est G. Boone, Jr. President Board of Education EGBt o'A you' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 16, 1977 Dr. Ernest G. Boone, Jr. President, Board of Education Elementary School District 53 2801 York Rd. Oak Brook, Illinois 60521 Dear Dr. Boone, I am in receipt of your letter of May 3, 1977. E The village board, at the Committee-of-the-Whole meeting scheduled for Monday, May 23, 1977, will discuss the subject of contributions to school needs and we would like you and Mr. Towers and Mr. Garinger to be present for that meeting. The meeting begins at 7:30 P.M. in the Samuel E. Dean Board Room. 'i i Sincerely yours, Ken th G. Carmignan' Village Manager KGC/ls cc: Mr. John Towers Mr. Philip Garinger ew N' w VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 16, 1977 MEMO TO: President & Board of Trustees SUBJECT: School Contributions On Wednesday, April 27, 1977 Fred Brown, Fred Bianucci and I met with representatives of Elementary School District 53 to discuss their con- cerns relative to contributions to school needs as part of property development. Attached is a letter from Dr. Boone, President of Elementary School District 53. I think Dr. Boone's letter indicates their concerns and their problems. Trustee Brown asked that the village board discuss this matter with the representatives of the school district and that the matter be placed on the Committee-of-the-Whole meeting agenda for the-9-3 for said discussion. i I have advised Dr. Boone of said meeting and expect that school board representatives will be in attendance. Sin erely yours, ICI Kenn,th G. Carmignani Village Manager KGC/ls att. A @ i G i VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD i OAK BROOK, ILLINOIS May 20, 1977 654-2220 i i Dr. Ernest G. Boone, Jr. President, Board of Education Elementary School District 53 2801 York Rd. Oak Brook, Illinois 60521 Dear Dr. Boone, This letter is to advise you that the Committee-of-the-Whole meeting scheduled for Monday, May 23, 1977 has been cancelled. Instead, the village board will be meeting in Executive Session to work on final details regarding the Sports Core. The subject of School Contributions will appear on the Committee-of- the-Whole agenda on Monday, June 27th and we hope that you and Mr. Towers and Mr. Garinger will be able to be present at that time. Sin erely yours, Kenn th G. Carmignani Village Manager I is cc: cc: Mr. John Towers Mr. Philip Garinger 0A 6 F � Ut1 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS July 12, 1977 654-2220 Alfred P. Bianucci Attorney at Law 230 W. Monroe St. Chicago, Illinois 60606 RE: School Contributions Ordinance Dear Fred, This is to confirm the conclusions that were reached at the Committee-of- the Whole meeting of Monday, July 11, 1977. It was the consensus of opinion that you should prepare an ordinance to be drafted following the Naperville ordinance for adoption by the village board related to the contributions for school purposes upon filing of a Final Plat of Subdivision in the Village of Oak Brook. It was concluded that the ordinance would be adopted by the Village in anticipation of a favorable decision by the Illinois Supreme Court on behalf of Naperville in the current suit. I would appreciate your preparing said ordinance, and if any assistance is necessary from this office we would be more than happy to work with you. The rough draft of the ordinance is to be presented to the village board at the Committee-of-the-Whole meeting of August 8,1977. Sincerely yours, 0 Ken eth G. Carmign i Village Manager KGC/is A .. F un VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS July 22, 1977 654-2220 MEMO TO: Trustee Brown SUBJECT: School Contributions Ordinance This is a memo to confirm our telephone conversation of Wednesday, July 20th dealing with the school contributions ordinance. Based on our conversation, I have advised Attorney Bianucci the following: (1) The School Contribution Ordinance draft should exclude any discussion dealing with the dedication of Open Space and Park District dedication. (2) That the Elementary School District rate should be based on the Butler School calculations only and no other elementary school district be contacted. (3) That we include the High School District provision and contact Hinsdale High School District for input into the ordinance. (4) That the land uses to be drafted shall be Single Family Detached and Single Family Attached and that the cost contribution shall be based on a per unit contribution rate. (5) That the fee shall be payable as a condition to the Final Plat approval and payable over the same period of time as is pro- vided for public improvements which is three years making it bondable under the provisions of the Subdivision Control Ordinance. l i Attorney Bianucci has indicated that he will draft ordinance and have it ready for the COW meeting of August 8. Any information which is lacking will be left blank for decision by the board. Re ectfu ly o rs, C eth G. armignani Vill ge Manager KGC/ls cc: Attorney Bianucci Elmhurst Public Schools 103 SOUTH MYRTLE AVE., ELMHURST, ILL. 60126 312/834-4530 COMMUNITY UNIT DISTRICT 205 PAUL E. GLICK Con troller August 2, 1977 Mr. Ray Carmignani Oak Brook Village Manager Oak Brook Road Oak Brook, Illinois 60521 Dear Mr. Carmignani: Pursuant to Village of Oak Brook ordinance No. 348, Section 22, Toiode Company shall forward to Elmhurst Community Unit School District 205, $150 for each occupancy permit that has been issued per unit in the Forest Glen Subdivision for the previous year through July 31, 1977. Pursuant to this section, I am requesting that a check be forwarded made payable to Elmhurst Community School District 205 at 103 South Myrtle, Elmhurst, Illinois. Should you have any questions regarding this request, feel free to contact me. Very truly yours, 94j—i Paul E. Glick Controller PEG:dm Att. cc: Dr. Trevarthen Mr. Ralph Christiansen Ak G A F noun VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 August 5, 1977 Elmhurst Public Schools Community Unit District 205 - 103 S. Myrtle Avenue Elmhurst, Illinois 60126 Attention: Mr. Paul E. Glick, Controller Dear Mr. Glick, In response to your letter of August 2, 1977, your request for a check to be forwarded made payable to the Elmhurst Community School District 205 should be directed to the Chicago Title Insurance Company, DuPage Division for disbursement from the escrow which is established by the developer of the Forest Glen Subdivision. The amount of the check is to be based on the number of occupancy permits issued prior to August 1, 1977 and further, based on the distribution of the total amount of $150.00 per unit among the school districts having juris- diction over the subject realty. The disbursement, as indicated in the Agree- ment, is as follows: "As and when the contributions shall be made through escrow, the escrowee shall be.directed to disburse the funds at the sole dis- cretion of the school districts having jurisdiction over the subject realty". If we can be of any additional service to you in resolving this issue, I would be more than happy to assist. Sincerely yours, 0 Ken eth G. Carmignan'/ Village Manager I KGC/ls { cc: Dr. Trevarthen Mr. Ralph Christiansen, Torode Assoc. ORDINANCE N' AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT FOR THE DEVELOPMENT. COMMONLY REFERRED TO AS "FOREST GLEN" WHEREAS, a certain form of Annexation Agreement between the Village of Oak Brook, a municipal corporation of DuPage County; Chicago Title and Trust Company, not individually but solely as Trustee under Trust Agreement dated October 22, 1951, and known as Trust No. 35226; Torode Associates, a Limited Partnership; Torode Development Cor- poration, General Partner of Torode Associates and individually; and Shore Corporation, as General Partner of Torode Associates and individually, has been presented to, read, and considered by the Corporate Authorities of the Village of Oak Brook; and WHEREAS, the statutory procedures and requirements provided in r Division 15.1 of Article 11 of the Illinois Municipal Code, as amended, governing the approval and execution of said Annexation Agreement have been fully complied with; and WHEREAS, the Corporate Authorities of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OATS BROOK, DU PAGE COUNTY, ILLINOIS, THAT: SECTION 1: The provisions of the preamble hereinbefore set forth are hereby restated as though herein fully set forth. SECTION 2: In accordance with the provisions of Division-15. 1 of Article 11 of the Illinois Municipal Code, as amended, the President of the Village of Oak Brook be and he is hereby authorized, empowered, and directed for and on behalf of the Village of Oak Brook to execute that certain Annexation Agree- ment by and between the Village of Oak Brook, a municipal corporation of Du Page County, Illinois; Chicago Title and Trust Company, not individually but solely as Trustee under Trust Agreement dated October 22, 1951, and knz)vm as Trust No. 35226; Torode Associates, a Limited Partnership; Torode Development Corporation, General Partner of Torode Associates and individually; and Shore Corporation, as General Partner of Torode Associates and individual_-';-, in the form presented to, read, and considered by the Corporate Authorities of the Village of Oak L'rook, a copy of'which Annexation Agreement is annexed to this Ordinance, is identified as Exhibit A, and by this reference is incorporated herein as though fully herein set forth. SFC"TIC)\ .',: The Village Clerk is h°reby authorized aixl directed to attest to the e.,tcc:uti.on of said Annexation Agreement, affix t1 he Village Seal thec•et), an to certif- the passage of this Ordiil ulce, all as otherwise provided by the. �; ordinances of the vilLage of Oak Brook and the laws of the State of Illinoi,. bteaims, demands, set-offs, or ot'rt6:r action reduced to judgment, arising therefrom. The obligation of TORODF, T.D.C. and slloaE hereunder shall include and extend to payment of reaso able attornevs' fees for the representation of the VILLAGE anA its said officers and agents in such litigation and includes reasonable expenses, court costs and fees; it being un__rstood that TORODE, T.D.C. and SHORE shall have the right to enoloy all such attorneys to represent the VILL.aGE and its officers and agents, in such litigation, subject to the approval of the Corporate Authorities of the VILLAGE, which- approval shall not be unreasonably withheld. TORODE, T.D.C. .and SHORE shall have the right to appeal to courts of Appellate jurisdiction any judgment taken against the VILLAGE or its officers or agents in this respect. 22 SCHOOL CONTRIBUTIONS: TORODE shall co-tribute a total sum of TWENTY-THREE THOUSAND EIGHT M- 11DRED FIFrY DOL- LARS ($23,850.00) to be divided among'the school distr-icts haws jurisdiction over the SUBJECT REALTY. Said ccrtributioa shall i be made through an escrow established at the Chicago Title Insurance Company, Du Page Division, for that purpose, with r i the first deposit being made therein on the first day of August following the issuance of the first occupancy permit for a unit . I in the FOREST GLEN SUBDIVISION:. On that date ar_d on ea_ August 1st thereafter until all occupancy pe=its have teen issued for the FOREST GLEN SUBDIVISIO_•i, TORODr shall deposit $150.00 (computed on the basis of $23,850.00 divided by 159 proposed units) for each occupancy permit 'issued for a c-it in the FOREST GLEN: SU:,,DIVISIO':i for the previous year. S ould the total num- ber of units in 1'0RI'S" GLE?: more or less than 159 single family d,,-elling units, then an djustnent in donation shall be .-.a e in the final year. As anO a• ie n the contribution shall be 3C thrc_tih esc.ro:•', the Fscrowe^ snail be directed -to ::isbt:_se ire -ands 1.3 .. a the sole discretion of the sc' Dl districts having ;uris- / diction over the SUBJECT REALTY. l 23. CONTRIBUTIONS: TRUSTEE or TORODI, shall not be required to donate any land or money to the VILLP.GE:, or any other governmental body, except as specifically pr-•ride in this Agreement and as otherwise may be mutually agreed uno by the VILLAGE, TORODE and TRUSTEE. TOROE)L•', T.D.C. ar. SHORT, .each of then., hereby acknowledge that the donations contained in this Agreement are made voluntarily by them and that V-ey hereby waive, for themselves and their respective successors, grantees, and assigns, the right to contest at any time in the future the validity or the amount of the donations contained in t -is 24. TRUSTEE EXCULPATORY.CLAUSE: 'It is expressly u_nde_- stood and agreed by and between the parties hereto, an-.-thing herein to the contrary notwithstanding, that each and _all of the representations, covenants, undertakings and agreements here-f-,, made on the part of the' Trustee while in form„ purporting to he the representations, covenants, undertakings and agree_-_ents of i said Trustee, are nevertheless each and every one of ten, rra'ae and intended, not as personal representations, covenar. s, uncer- takings and agreements by the Trustee, or for the purpose or with the intention of binding said Trustee personally, but are made and intended for the purpose of binding only that portion i of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee r_c= in i=s own right-, but solely in the zxercise of the *powers co7ferrLU � upon it as such Trustee; and that no nersonal liability or pe=so=d responsibility is assumed by, nor shall at any time be assertez or enforceable acair.st the CFICAGO TI^_'L:' AND `.'RUST C_0••___NY on account: of this instrument or on account. of any repro_:talic=, covenant, ui:or}:�1'inq or acme -ent of the salt" Trustee in this ins't'rl:m.ent coma_—ne , eit..:`r ex.pres.seit or i:l.rlied, ail Stich D?i5 liability, if a:::, hining expressly uaivoO and role sec?. :'.ISa'c'OI' , the j)1rt.leS hereto e_cacutc:-1. i I TuE LAw OFFICE s OF ALFRED P. BIANIICCI, LTD. OAK BROOK EAST OFFICE BUILDING 2000 SPRING ROAD ', OAK BROOK, ILLINOIS 6OS21 ALFRED P. BIANUCCI CHICAGO OFFICE ROBERT B.SPENCER (312) 6S4-2900 230 WEST MONROE STREET I DONALD W. FORESTER CHICAGO,ILLINOIS 60606 (312) 346-3762 August 8, 1977 I I Mr. Kenneth G. Carmignani, I Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Ken: In re: School Contribution Ordinance Draft As previously represented, enclosed you will find a draft ordinance dealing with a mandatory obligation for all subdivisions in excess of five lots to make contributions for school expansion and renovation purposes. The format of the ordinance incorporates the substance of direction by the Board of Trustees given at its meeting on July 11 and our meeting of July 20. I have purposely left blank several items which in part may have been decided as reflected in Y our memorandum to Fred Brown under date July 22 and our telephone conversation on August 2. The final figures can easily be inserted as appropriate. You will note that the format of the draft addresses itself strictly to cash contributions and affects subdivisions of more than five lots. I will not reiterate the various points which I have heretofore raised on several occasions relative to the problematical validity of an ordinance of this type, particularly one adopted by a non-home rule municipality. To the best of my knowledge, no other municipality in the State of Illinois has adopted an ordinance limited solely to cash contributions for only school purposes. As you are aware, the municipalities in addition to Naperville that have addressed this subject matter have in the main been home rule municipalities and have adopted contribution ordinances the same as or similar to that in effect in Naperville, which as you know deals with dedication and contribution of land for both recreational and school purposes. Those ordinances incorporate cash contributions strictly as alternatives and under defined circumstances. Mr. Kenneth G. Carmignani August 8, 1977 Page Two I will be present at the Committee of the Whole meeting on August 8 so that the approach outlined in this draft can be discussed. I apologize for the lateness in the delivery of this draft. Sincerely, THE LAW FFICES OF ALFRKI, UCCI, LTD. By ianucc i APB:lfj Enclosure i /NUCCI TAE LAW OFFICE s OF AEFBED P. BIANUCCI, LTD. OAK BROOK EAST OFFICE BUILDING 2000 SPRING ROAD OAK BROOK, ILLINOIS 60521 ALFRED P. B CHICAGO OFFICE ROBERT B. SPENCER (312) 654-2900 230 WEST MONROE STREET DONALD W. FORESTER CHICAGO,ILLINOIS 60606 (312) 346-3762 August 9, 1977 Mr. Kenneth G. Carmignani, Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Ken: This letter is in response to that of yours dated August 5 relative to the request by the Elmhurst Public Schools for payment under the provisions of the Forest Glen (Torode Associates) Annexation Agreement. I believe your response to Mr. Glick was quite appropos, and I presume that you and Ralph Christiansen will make some determination as to the proportionate share of the escrow funds which that district and the other districts are entitled to as of August 1, 1977. Should you require any assistance from me in this regard, please do not hesitate to contact me. i Sincerely, THE LAW OFFICES OF ALFRED P BIANUCCI, LTD. i By re P. Bianucci APB:lfj HINSDALE TOWNSHIP HIGH SCHOOL DISTRICT NUMBER 86 Administration Center,55th and Grant Streets Hinsdale, Illinois60521 (312) 325-2950 oo �N August 9, 1977 Dr. John R. Thorson Superintendent Mr. Kenneth Carmignani, Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Mr. Carmignani : This letter is to confirm the interest of Hinsdale Township High School District 86 in participation in required assess- ments to housing developers in Oak Brook. I have talked with Mark Kennedy about the matter and Mr. William Sutton has dis- cussed it with his Budget Committee. We presently have a formula adopted by the District 86 Board which calls for reimbursement to the school district . It has become impractical to collect , however, and it is particularly difficult to enforce. We believe it would be very helpful to work with municipal bodies such as the Oak Brook Village Board in developing and collecting fair and reasonable assessments. If I may be of any help or if we may provide necessary infor- mation, please call me. Thank you for your interest concerning this issue. Sincerely yours, John R. Thorson Superintendent JRT:bam cc. Mr. William Sutton \� A U VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 August 9, 1977 TO: Kenneth G. Carmignani RE: C.U.W. - August 8, 1977 Notes and Comments on: the Above (Glaves and Reynolds absent) 1 chool Contributions Fred Bianucci made the basic presentation - the draft ordinance was not delivered until 4:00 p.m. and Board members did not see it until the meeting began. Bianucci was quite adamant in making the point our ., power to enact such an ordinance is highly questionable. Howell felt that in addition to a pupil per household factor there should also be specific reference to the cost of construction per square foot included in the ordinance. Philip further felt that the construction cost figure supplied by the State did not truly reflect Chicago area building costs or the standard of building we would want in Oak Brook. Cerne had much concern over the administration of any trust or collection device set-up to collect money from the developer - he wants to be sure that the I Village is not exposed to legal action or charges of poor management of the trust. The concensus was that this area would fall upon the schools, in a manner some f what like Forest Glen. Howell felt that if a developer was willing to make a lump-sum payment of the applicable contribution that amount should be discounted. Finally, Howell directed us to get back together with District #53 to develop a more ,scientific, sound basis for their recommended contribution of $252.00. District 86 should also be again contacted (my thought). I will not contact them now - in light of Bianucci's serious reservations on this ordinance, I think your participation and experience are needed. 2) Shopping Center All present basically agreed that the current arrangement, in light of other centers, was acceptable, with the strong exception of Philip. He felt the other centers paid property taxes which helped to off-set the Village costs involved. It was decided to leave things as they are for now. in the instance where we find it necessary to add policemen to the force this situation will again be reviewed, with a possible solution at that time being a reduction of our service to the center (currently 1/6 of manpower) rather than a charge for continuing current services. BOARD OF EDUCATION r 2801 YORK ROAD PHONE: 654-2887 )' 4 ADMINISTRATIVE CENTER EV ARY SCHOOL DISTRICT 53 1.. 2801 YORK ROAD TELEPHONE: 654-2887 OAK BROOK, ILLINOIS 60521 PAUL BUTLER SCHOOL 2801 YORK ROAD TELEPHONE: 654-2760 j BROOK FOREST SCHOOL 60 REGENT DRIVE TELEPHONE: 325-6888 September 27, 1977 Mr. Kenneth G. Carmignani Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Dear Ken: I have met with the superintendents of all school districts partially or wholly within the Village of Oak Brook, and all have agreed that the formula developed by School District 53 concerning developers' donations is acceptable. One suggested change was agreed upon by the group. The illustration used by District 53 for computing a donation by the developer of Mayslake Estates indicates a ratio of .8 children per home. This ratio reflects District 53's experience in the York Woods and Brook Forest subdivisions. Obviously such a ratio would be unrealistic for developments outside the Oak Brook area. The superintendents agreed that the pupil population per dwelling unit as published annually by the Illinois School Consulting Service would be used whenever possible. When the character of a development is so unique that it cannot be located on this table, the school district will negotiate a reasonable pupil/dwelling unit ratio with the developer. It is my understanding that this information will now enable you and the village attorney to proceed with the writing of a first draft of an appropriate ordinance. Enclosed for your benefit are copies of the District 53 formula as it applies to Mayslake Estates and a copy of the table developed by Illinois School Consulting Service for estimating the pupil population per dwelling unit. Everyone has asked that on their behalf I express their appreciation for your efforts and the efforts of the Village Board of Trustees in the development of an ordinance for the benefit of Oak Brook's school districts. If further information or assistance is required, please call or write. Si erely, Philip Garinger Superintendent } DEVELOPER'S DONATION TO SCHOOL DISTRICT 53 -- 1%1AYSLAKE ESTATES In the determination of fair and equitable donations from developers of residential property to School District 53, the Board of Education has developed a formula that incorporates the latest construction figures published by the State of Illinois Capital Development Board coupled with an estimate of anticipated elementary school enrollment from the development, Capital Development Board construction statistics are used because they best represent current school construction costs in the State of Illinois. C.D.B. structures are very basic buildings, free of frills, and generally built with inexpensive construction materials. The most recently published C.D.B. construction statistics, dated July 1, 1977, were used in the computation of a school district donation from developers of Mayslake Estates. Development data pertaining to Mayslake Estates were taken from the most recent available information. This is still subject to change since final plans for the development must yet be approved by the Oak Brook Village Board. This data, coupled with C.D.B. construction costs, results in the following mathematical- computation. Basic Data Per square foot construction cost - $39.49 (includes 15% allowance for site j development) 120 gross square feet per student 15 years, typical building bond retirement schedule 263 house lots and 210 total anticipated enrollment (.8 pupils estimated per home site) i Computation (Mayslake Estates) 263 house lots multiplied by .8 equals 210 pupils 210 pupils multiplied by 120 sq. ft. per pupil equals 25,200 sq. ft. 25,200 sq. ft. multiplied by $39.49 equals $995,148.00 $995,148 divided by 15 years equals $66,343.00 $66,343.00 divided by 263 house lots equals $252.00 (developer's donation per house lot sold) Using July 1, 1977 C.D.B. construction data, the developer's donation for Steeplechase is $252.00 per house lot or $6,804 for the development. PG:t 7/11/77 T r7 '� 1/15/77 I.S.C.S. TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT (Grade Grouping K-6, 7-8, 9-12) Type of Unit Pre-School Elementary_ Junior High Total High School Grades K-6 Grades 7-8 Grades K-8 Grades 9-12 '4�- Adults Total Per 0-4 Years 5-11 Years 12-13-Years 5-13 Years 14-17 Years (18--up) Unit Detached Single Family: 3 Bedrocr. .306 .67 .17 .84 .30 �•� 2.00 3.446 4 Bedroom .332 .76 .26 1.07. .42 I��� 2.26 4.032 5 Bedroom .355 1.09 .45 1.54 .57 y I 2.37 4.835 Attached Single Family (Townhouse, Row House, Quadriplex, etc.): 1 Bedroom -- -- -- -- -- --` 1.52 1.520 ' 2 Bedroom .477 - .156 .014 .17 .04 .,Z/J 1.96 2.647 3 Bedroom .503 .513 .087 .60 .16 , r�t� 2.00 3.263 4 Bedroom .702 1.043 .227 1.27 .41 $ 2.20 4.582 Lox Density Apartment (to 15/acre): Efficiency -- -- -- -- -- _ 1.00 1.00 1 Bedroom .070 .053. .016 .069 -- 1.42 1.559 2.Bedroom .357 .246 .043 .289 .063 ,/� / 1.85 2.559 3 3edrocm` .475 .445 123 .568 .240 f1G 2.00 3.283 4 Bidreon .500 .750 170 .920 .330 /a sC9 2.10 3.850 High Density Apartments (16+/acre): Efficiency -- -- -- -- ` ..; 1.00 1.000 1 9edroom .05 .031 .009 .040 .007 C'�!�� 1.2r, 1.357 2 Bedroom .21 .077 .023 .100 .029 /, ? 1.43 1.769 3 Bedroom .43 .177 .053 .230 .092 .�.�" 2.00 2.752 0 A L/ v C �Op VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS - 654-2220 November 22, 1977 Alfred P. Bianucci Attorney at Law 2000 Spring Road, Suite 510 Oak Brook, Illinois 60521 Dear Fred, It is my understanding that the school contribution ordinance has been prepared and you are currently reviewing same. It is to be delivered to me for distribution before the next Committee- of-the-Whole meeting of December 12, 1977. Si erely yours, 0 Kenn th G. Carmignanl::'- Village Manager KGC/ls I i } 0 un DA VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 November 30, 1977 Hinsdale Township High School District Number 86 Administration Center, 55th & Grant Sts. Hinsdale, Illinois 60521 Attention: Dr. John R. Thorson, Superintendent Dear Sir, The subject of "School Contributions" will be on the Committee-of-the- Whole agenda for Monday, December 12, 1977. Meeting begins at 7:30 P.M. in the Samuel E. Dean Board Room, and we would appreciate your attendance at that meeting. 4 cerely y urs, h G. Carmignan ' Village Manager KGC/ls i I I 0 Oqk C COUN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 November 30, 1977 Elementary School District 53 2801 York Road Oak Brook, Illinois 60521 Attention: Mr. Philip Garinger Dear Mr. .Gari.nger, The subject of "School Contributions" will be on the Committee-of-the- Whole agenda for Monday, December 12, 1977. Meeting begins at 7:30 P.M. in the Samuel E. Dean Board Room, and we would appreciate your attendance at that meeting. Sincerely yours, Ken th G. Carmigna Village Manager KGC/ls 1 o � INSDALE TOWNSHIP HIGH SCHOOL DISTRICT NUMBER 86 Administration Center,55th and Grant Streets �J Hinsdale, Illinois 60521 (312) 325-2950 December 2, 1977 Dr. John R. Thorson Superintendent Mr. Kenneth G. Carmignani , Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Mr. Carmignani : Thank you for inviting me to the Oak Brook Village Board Com- mittee-of-the-Whole on December 12 . I will be pleased to be able to attend the meeting and to furnish information or answer questions if needed. I have been keeping in close contact with Phil Garinger who has been working on this project with your office. You may also be interested in the current status of the request of the Village Board for the school board to agree to the exten- sion of Concord Drive on our property. No decision has been made but the matter will most likely be discussed on December 19 as part of a larger consideration concerning the future of the property. The Illinois Supreme Court has declined to hear the appeal of the Franciscan Fathers regarding the right of the school district to dispose of the property. This appears to end the final barrier to its sale and it is likely the school district will be selling the property. This may or may not affect a decision on granting an easement . I will keep you informed as progress is made in resolving the matter. Sincerely yours, <:;�John R. Thorson Superintendent JRT:bam TjaE LAw OFFICE s OF ALFBED P. BIANIICCI, LTD. OAK BROOK EAST OFFICE BUILDING 2000 SPRING ROAD OAK BROOK, ILLIN015 60521 ALFRED P. BIANUCCI CHICAGO OFFICE ROBERT B. SPENCER (312) 6S4-2900 230 WEST MONROE STREET DONALD W. FORESTER CHICAGO,ILLINOIS 60606 (312) 346-3762 December 8, 1977 Mr. Kenneth G. Carmignani, Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Ken: In re: School Contribution Ordinance - Revised Draft Enclosed you will find a revised draft of the School Contribution Ordinance. This document incorporates the several comments emanating from the Committee of the Whole Meeting held in August and reflects certain information that I have developed since that time. As you are aware, since the initial draft was prepared and submitted, the Supreme Court of Illinois handed down its opinion in the Naperville case. Several days ago the Court confirmed that opinion by denying a petition for rehearing. I am enclosing a copy of the opinion in the expectation that you would like to distribute it to the Board for its information. As I indicated to you by telephone, my research revealed that the cost of construction per square foot utilized by District 53 and contained in Mr. Garinger's letter to you of September 27 is not current. The Capital Illinois Development Board's current figures as of July 1, 1977, for Chicago are as follows: K - 6 $39. 09 per square foot 7 + 8 42. 84 " if if High School 45. 36 " if if The above figures do not include an allowed 15 percent for site development and utility connection cost. In the draft ordinance enclosed, the elementary school student contribution amount of $360 utilizes these current figures rather than those utilized by District 53. Y Mr. Kenneth G. Carmignani December 8, 1977 Page Two I have also utilized in this draft what is generally considered to be the most pertinent cost index, the same being the Dodge Building Cost Indexes as described. One of the most important determinations in the Naperville decision is that a municipality has statutory authority to enact a contribution ordinance. Exercise of home rule power is not determinative. This determination would, therefore, enable a municipality to impose the contribution requirement not only to those developers within its territorial limits, but also within its planning jurisdiction within a mile and one half of its corporate limits. The enclosed draft does not have any impact on property outside the corporate limits of Oak Brook, and the Board may desire to consider this possibility. It is my understanding that the enclosed draft will be considered by the Board at its Committee of the Whole Meeting on December 12. I will be present to respond to any question that the Board may desire to raise. Very truly yours, THE LAW OFFICES OF ALFRED P. BIANUCCI, LTD. By J Alfred P. Bianucci APB:1fj Enclosures r THE LAW OFFICES OF ALFBED P. BIANIICCI, LTD. OAK BROOK EAST OFFICE BUILDING 2000 SPRING ROAD OAK BROOK, ILLINOIS 60521 CHICAGO OFFICE ALFRED P. BIAN UCCI (312) 654-2900 230 WEST MONROE STREET ROBERT B. SPENCER CHICAGO,ILLINOIS 60606 DONALD W. FORESTER (312) 346-3762 January 6, 1978 Mr. Kenneth G. Carmignani Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Re: School Contribution Ordinance Draft Dear Ken: As you know, I had intended to submit by this time a second revision of the ordinance dealing with contributions for school purposes. As you also know, since the time of the last Committee of the Whole meeting; namely, December 12, wherein the representatives of the respective school districts expressed themselves, particularly with regard to utilization of the contribution proceeds, I have had certain misgivings with respect to the legal efficacy of an ordinance of this type which (1) relates to a cash contribution without reference to a designated land dedication requirement; (2) is not specifically and uniquely related to the need generated by the specific subdivision; and (3) provides for utilization of cash in lieu of land for purposes other than land acquisition or land site development. My conservatism compelled me to review my file on this subject, including again all current statutory and case law governing the same. As you may be aware, I have consistently from the beginning cautioned the Corporate Authorities as to the limited authority of a non-home rule municipality such as Oak Brook to require contributions by developers for this purpose as a condition of plat approval. If course, the advent of the decision several weeks ago by the Illinois Supreme Court in the Naperville Subdivision Ordinance contribution case has laid to rest the question of statutory authority. It is unquestionably the case that a non-home rule municipality has statutory authority pursuant to the Supreme Court decision to require a contribution as a condition of plat approval. However, it remains my view that the present limitation of that authority is (1) a contribution of land for school purposes albeit predicated upon population generated from the subdivision, and only in lieu thereof, a cash contribution; (2) the amount of the contribution is predicated upon the need for such contribution on a basis proportionate to the need specifically and uniquely attributed to that generated by the subdivision; and (3) in the event of a cash contribution, those proceeds would be utilized strictly for land acquisition or site development. As you know, the desire of the school districts and of the Corporate Authorities has been to consider and provide for an ordinance that goes beyond these limitations. Although in my judgment an argument can be made utilizing Mr. Kenneth G. Carmignani Page 2 the language of the Appellate Court in the Naperville case for a cash contribution, so long as the same is related to a land dedication requirement, I do not believe a legitimate position under the present state of the law is warranted to justify requiring a contribution that is not specifically related to the need generated by the subdivision and a utilization of those proceeds for purposes other than land acquisition or site development. There is a movement afoot, which I have confirmed, to introduce legislation in the next Session of the Legislature in an attempt to broaden the statutory prescription in this area specifically to allow for a cash contribution not necessarily related to a land dedication requirement and also a utilization of the proceeds for purposes in addition to land acquisition and site development. In this regard, I have had personal contact with Representative Cal Skinner, Jr., from the 33rd District, who is most anxious to submit this type of legislation. As a matter of fact, he has requested that I participate in this endeavor. I would, therefore, suggest that the legitimate avenues available to the Village and collaterally the school districts are (1) the adoption by the Corporate Authorities of an ordinance which will fit the limitations expressed above; and of course, in this regard consideration should be given to the merits and practical application of such an ordinance to the districts involved; (2) deferring action until such time as the legislation referred to above is submitted and approved, which, of course, is speculative and may require some time; and (3) the adoption of an ordinance in accord with Item 1 above, to be amended and expanded at the time the expansive legislation referred to in Item 2 above becomes a reality. I apologize for any inconvenience that the expressions above may cause; however, as counsel to the Village it is my obligation to communicate to the Corporate Authorities regarding my feelings and opinions as to the status of the law and its perimeters relating to legislation being considered. I will, of course, be in attendance at the Committee of the Whole meeting on Monday to expound on these comments and to answer any questions. As you will note, I have taken the liberty of forwarding copies of this letter to the respective individuals at the school districts so that they are likewise aware of these comments in anticipation of that meeting. Very truly yours, THE LA OFFICES OF ALF P. BIANUCCI, LTD. By: 1 ed P. ianucci APB:djb cc Mr. Thorson Mr. Garinger TIIE LAW OFFICES OF ALFBED P. BIANUCCI, LTD. OAK BROOK EAST OFFICE BUILDING 2000 SPRING ROAD OAK BROOK, ILLINOIS 60521 ALFRED P. BIANUCCI CHICAGO OFFICE ROBERT B. SPENCER (312) 654-2900 230 WEST MONROE STREET DONALD W. FORESTER CHICAGO,ILLINOIS 60606 (312) 346-3762 January 18, 1978 Mr. Kenneth G. Carmignani, Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Ken: Enclosed you will find a current draft of the School Contribution Ordinance, which I hope is in final form. I have retained the ribbon copy just in case, but, of course, can deliver the same to you at the time of final action by the Board. I am also forwarding copies to Messrs. Thorson and Garinger. I would like to point out just a few items: 1. The ordinance is one dealing with a land contribution, and only in lieu thereof cash contributions. 2. The description of school classifications on Page 2 is a generally accepted one. In a recent telephone conversation with Mr. Garinger, he recited what he considered to be acceptable classifications, and in the main, the reflected figures are very close to those of Mr. Garinger's. The figures used in the ordinance were generated by I.S. C. S. 3. The fair market value per acre figure of $33, 000 is in ac- cord with our prior discussion. I had the occasion to talk with Mr. Sisson, and he confirmed that the figure is realistic. 4. The per unit generation figures in Subparagraph 4 on Page 4 are those current estimates published by I. S. C.S. as of January, 1977. I chose to use these figures, inasmuch as we had no figure developed previously for Junior High schools and the other figures were fairly close to the prior ones. Mr. Kenneth G. Carmignani Page Two January 18, 1978 5. My computation indicates that a cash contribution equivalent under the ordinance utilizing the generation figures and the per acre value recited in the ordinance produces the following in terms of dollars: K - 5 $351. 45 per unit 6 - 8 181. 50 per unit 9 - 12 206. 25 per unit. The total per unit is $739. 20, which is approximately $104 less than the figure computed in accord with the prior draft. I would appreciate your review of the enclosed and your comments. Very truly yours, THE LAW OFFICES OF ALFRED P Or BI.ANUCCI, LTD. By red P. Bianucci APB:If j Enclosure cc: Mr. Thorson Mr. Garinger � L January 23 , 1978 Mr. George B. Howell, President Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear President Howell : From what I have learned at the last two meetings of the Com- mittee of the Whole, the Village is searching for a way to pro- vide the school districts with funds to expand or renovate their facilities in proportion to the additional demands created by new residential developments . As Mr. Biannuci has noted, how- ever, the present laws generally limit the village ' s authority to requiring land for school sites rather that money for new construction or renovation. At their meeting on January 9, the Board discussed several methods by which a land contribution ordinance might be converted into the cash needed by the school districts for purposes other than land acquisition. In this letter, I would like to outline the advantages of a method which was not discussed by the Board at that meeting. I would like to suggest that any land contribution ordinance adopted by the Village contain a provision exempting any develop- ment that had previously entered into a binding agreement with the affected school districts . Someone contemplating a develop- ment in Oak Brook could then evaluate the alternatives of a land donation or a cash contribution negotiated directly with the school districts . The potential value of the required land contribuiton would serve as a clear benchmark in the negotiation of a direct cash contribution. An ordinance constructed in this manner would relieve the Village of the burden of trying to convert land to cash on behalf of the school districts . An effort, which under the present laws , could provoke controversy. The options created by such an ordinance could allow optimum land utilization, prevent unnecessary school site dedication and provide a method of eliminating such contri- butions when they were not required. Such an ordinance might also relieve the Village from the administrative burdens of SADDLE BROOK DEVELOPMENT COMPANY INC. 2725 35TH STREET OAK BROOK, ILL. 60521 SALES: 312/986-9454 CONSTRUCTION: 312/986-8750 , III Mr. George B. Howell January 23 , 1978 Page two owning and disposing of property or collecting and disbursing cash. The existence of such an ordinance would provide the school districts with an effective tool in negotiating a satisfactory contribution. The developer and the school districts would be free to negotiate an agreement which would be responsive to their respective needs . As you know, Saddle Brook entered into this kind of direct con- tribution agreement with the school districts some time ago as part of our overall Annexation Agreement. We have been making regular cash contributions with each lot that we sell and the school districts have been able to use this money as they deem appropriate. Our agreement has worked well and I believe that similar agreements could be satisfactorily negotiated with the school districts for future developments in Oak Brook. R e tfully yours , Ro ert inke Vice President mn BOARD OF EDUCATION 2801 YORK ROAD TELEPHONE: 654-2887 ELEMENTARY SCHOOL DISTRICT 53 ADMINISTRATIVE CENTER 2801 YORK ROAD TELEPHONE: 654.2887 OAK BROOK. ILLINOIS 60521 PAUL BUTLER SCHOOL 2801 YORK ROAD TELEPHONE: 654-2760 BROOK FOREST SCHOOL 60 REGENT DRIVE TELEPHONE: 325-6888 January 24, 1978 Mr. Kenneth G. Carmignani Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Mr. Carmignani: In order to give school officials more time to consider the January 18, 1978 draft of the Village of Oak Brook ordinance concerning developers' contributions to school districts, we respectfully request that this item be deferred on tonight's agenda and be considered instead at the next regular meeting of the Village Board. Sirf�erely, [y f Philip Garinger Superintendent of Schools VILLAGE OF OAK BROOK Minutes - 2 - January 24, 1978 VI OLD BUSINESS D. Butler Company/GHQ - McDonald's Zoning Amendment (continued) Trustee Glaves stated the proposal to rezone a residential section of the Village as commercial; involving height problems, damages any control of zoning. With due respect to the founder of the Village, this Board has final responsibility of protection and cannot advocate such action. There were no other comments. Trustee Cerne moved - seconded by Trustee Reynolds. .. To rescind the action taken at the Special Meeting of January 12, 1978, on the petition to rezone the property known as the GHQ area. Roll call vote - Ayes: Trustees Cerne, Philip, Reynolds, Rush, and President Howell Nays: Trustee Glaves Absent: Trustee Brown So ordered. President Howell stated no further action will be taken until all Board Members are present. Trustee Cerne moved - seconded by Trustee Philip. .. To continue the subject of Butler Company/GHQ_- McDonald's to a Special Meeting to be held on Monday, February 13, 1978, with an affirmative response of David Gooder, Attorney for Butler Company. Roll call vote - Ayes: Trustees Cerne, Glaves, Philip, Reynolds, Rush, and President Howell Nays: None Absent: Trustee Brown So ordered. Mr. Gooder acknowledged the motion affirmatively. III ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC. A. AN ORDINANCE AMENDING THE SUBDIVISION CONTROL REGULATIONS OF THE VILLAGE OF OAK BROOK SO AS TO PROVIDE FOR CONTRIBUTIONS FOR SCHOOL DEVELOPMENT PURPOSES President Howell read a letter dated January 24, 1978, from Philip Garinger, Superintendent of School District 53, requesting that this item be carried over to the next regular meeting; and with no objections, this was agreed to. B. ORDINANCE S-394: AN ORDINANCE ESTABLISHING RULES AND PROCEDURES GOVERN- ING THE OPERATION OF THE FACILITIES KNOWN AS THE PORTS CORE Trustee Cerne presented a btoad outline of the General Policies on the utilization of the facilities and the membership fees of the Golf Club and the Bath & Tennis Club. Trustee Cerne moved - seconded by Trustee Philip... -To approve Ordinance'-S-394 as presented and'waive reading of same. Roll call vote - Ayes: Trustees Cerne, Glaves, Philip, Reynolds, Rush, and President Howell Nays: None Absent: Trustee Brown So ordered. VILLAGE OF OAK BROOK Minutes _ 2 - January 24, 1978 '0 OA 0 0 u�� 0 7 `l 'COUN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 6SA-2220 January 25, 1978 Elementary School District #53 2801 York Road Oak Brook, Illinois 60521 Attention: Mr. Philip Garinger Superintendent Re: School Contributions Dear Mr. Garinger, This is to confirm telephone conversation of today setting a date for a meeting to discuss the above subject. We plan to meet on Tuesday, January 31, 1978 at 10:00 A.M. here in my office. Sincerely yours, Q Kenn 4Carmaignani Village Manager is cc/ Attorney Bianucci TaE LAw OFFICE s OF ALFBED P. BIANIICCI, LTD. OAK BROOK EAST OFFICE BUILDING 2000 SPRING ROAD OAK BROOK, ILLINOIS 60521 ALFRED P. BIANUCCI CHICAGO OFFICE ROBERT S. SPENCER (312) 654-2900 230 WEST MONROE STREET DONALD W. FORESTER CHICAGO,ILLINOIS 60606 (312) 346-3762 February 8, 1978 Mr. Kenneth G. Carmignani, Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Ken: Enclosed you will find the original and one copy of the school contribution ordinance which incorporates the modifications we discussed at our recent meeting in your office. Those pertinent changes have been made to Paragraph (D) and Paragraph (G) (4), the latter reflecting figures received from Mr. Garinger as being reflective of historic experience in Oak Brook. Utilizing these figures, my computation indicates that on a dollar basis the following amounts are determined: K - 5 $211, 20 per unit 6 - 8 206. 25 9 - 12 206. 25 " Total $ 623. 70 per unit I believe the enclosed draft reflects all current comment with respect to the substance of this matter, and it is therefore my expectation that it will be submitted to the Corporate Authorities for their action at their next meeting. Very truly yours, THE LA, FFICES OF ALF�D P. BIANUCCI, LTD. By: )jrfedVP. Bianucci APB:lfj:Enclosures cc: Messrs. Garinger and Thorson VILLAGE OF OAK BROOK MINUTES OF FEBRUARY 14, 1978 I CALL MEETING TO ORDER The regular meeting was called to order at 7:30 p.m. by Clerk Lakosil in the Samuel E. Dean Board Room of the Village Commons. A. Roll Call Present: Trustees Federick W. Brown Wence F. Cerne Eldon K. Glaves Arthur W. Philip Barbara F. Reynolds Joseph H. Rush Absent: President George B. Howell B. Appoint President pro tem. Trustee Reynolds moved - seconded by Trustee Rush... That Trustee Cerne serve as President pro tem. in the absence of President Howell. Voice vote - all in favor So ordered II APPROVAL OF MINUTES Trustee Rush moved - seconded by Trustee Philip... To approve the minutes of January 24, 1978, as corrected to clarify the action relative to Sec. VII B, Water Main Repair; and comments of Trustee Glaves in Sec. VI D, Butler Company - GHQ - McDonald's. Voice vote - all in favor So ordered III ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC. A. RDffiCE.G-226: AN ORDINANCE AMF�NDING THE SUBDNISION CONTROL REGULATIONS F I 22 OF OAK B OOK SO AS TO ROVIDE FOR CONTRIBUTIONS FOR SCHOOL DEVELOPME SES Attorney Bianucci presented a resume of the proposed ordinance, and a tepresentative of School District 53 stated that they were in accord with the ordinance as drafted. Trustee Brown moved - seconded by Trustee Reynolds.. To approve Ordinance G-226 as read by title. Roll call vote - Ayes: Trustees Brown, Glaves, Philip, Reynolds, Rush, and Cerne Nays: None Absent: President Howell So ordered B. ORDINANCE S-395: AN ORDINANCE GRANTING A SPECIAL USE PERMIT UNDER ORDINANCE NO. G-211, FLOOD PLAIN AND WETLAND RE LAT N 0 3IDENTIAL CONSTRUCTION ON PROPERTY COMMONLY KNOWN AS 1000 MERRY LANES OAK BROOK, ILLINOIS 'On-December 19, 1977, the Plan Commission recommended approval, and on January 17, 1978, the Zoning Board of Appeals after considering the factors set forth in Section 204 (c) of Ordinance G-217, recommended the Special Use be granted to William H. Van Dyke. VILLAGE OF QAK BROOK Minutes - 1 February 14, 1978 A C VILLAGE OF OAK. BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS February 15, 1978 654-2220 MEMO TO: School Districts Homeowner Association Presidents SUBJECT: Ordinance G-226 - An Ordinance amending the Subdivision Control Regulations of the Village of Oak Brook so as to provide for Contributions for School Development Purposes. This ordinance was passed and approved by the village board at their board meeting of February 14, 1978 and will be utilized in all future reviews of development within the Village of Oak Brook. Copy of ordinance is attached hereto. Sincerely yours, J Ken th G. Carmignani Village Manager KGC/l att.