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Minutes - 12/11/2018 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 1 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 7:00 pm. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: Trustees John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Asif Yusuf, President Gopal Lalmalani ABSENT: None IN ATTENDANCE: Village Manager Rick Ginex, Finance Director Jason Paprocki, Development Services Director Tony Budzikowski, Information Technology Director Jim Fox, Fire Chief Barry Liss, Golf Club Superintendent / Manager Sean Creed, Head Librarian Jacob Post, Police Deputy Chief Jason Cates, Public Works Director Doug Patchin, Village Attorney Greg Jones 3. PRESIDENT’S OPENING COMMENTS President Lalmalani discussed the grand opening of Shake Shack and Midwest Orthopedics at Rush. He also wished everyone a happy and healthy Hanukkah and Christmas holiday and a prosperous new year. President Lalmalani mentioned that there would not be a second Village Board meeting in December due to the Christmas Holiday. The next Village Board meeting will be January 8, 2019. 4. PUBLIC HEARING – PROPOSED 2019 BUDGET President Lalmalani opened the Public Hearing for the 2019 Budget. Finance Director Paprocki provided a PowerPoint presentation regarding the 2019 Budget. Clerk Pruss asked if there any members of the public who wish to address the proposed 2019 Budget during this Public Hearing. None were presented. Motion by Trustee Baar, seconded by Trustee Cuevas, to close the Proposed 2019 Budget Public Hearing at 7:17 p.m. VOICE VOTE: Motion carried. 6. RESIDENT/VISITOR COMMENT The following residents addressed the Village Board concerning the Jupiter Realty/ Franklin Planned Development for a 22-story residential condominium building at 1900 Spring Road. They MINUTES OF THE DECEMBER 11, 2018 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 8, 2019 VILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 2 spoke both for and against the development and how it may effect the surrounding area, the future of Oak Brook and its residents. Residents Steve Farber, James Pehta, George Kouba, Karen Bushy, Ed Mullins, Jerry Wolin, Cathy Giangrasse, Carl Manofsky, Tom Wenholz, Martina Cosentino, Robert Larsen, Andrew Mahler, and John Miniutti. David Carlin (Oak Brook Chamber of Commerce) addressed the Village Board and said that the Chamber is in support of the Planned Development at 1900 Spring Road. 7. APPROVAL OF MINUTES A. Regular Executive Meeting Minutes of September 11, 2018 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Executive Meeting of September 11, 2018. VOICE VOTE: Motion carried. B. Special Executive Meeting Minutes of September 18, 2018 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Special Executive Meeting of September 18, 2018. VOICE VOTE: Motion carried. C. Regular Board of Trustees Meeting of November 13, 2018 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Board of Trustees Meeting of November 13, 2018. VOICE VOTE: Motion carried. D. Regular Board of Trustees Meeting of November 27, 2018 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Board of Trustees Meeting of November 27, 2018. VOICE VOTE: Motion carried. 8. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. A. Accounts Payable for Period Ending December 6, 2018 - $1,313,693.57 Significant Items included in Above: 1. LEGAL SERVICES: a) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services - December 4, 2018 - $8,500.00 (FY18 YTD - ($115,205.74) b) Rathje Woodward, LLC - Legal Services - December 4, 2018 - $4,162.05 c) Rathje Woodward, LLC - Legal Services - December 4, 2018 - $3,333.33 (FY18 YTD - $99,358.03) d) Clark Baird Smith, LLP - Legal Services - November 30, 2018 - $2,177.50 (FY18 YTD - $34,243.00) TOTAL LEGAL BUDGET FOR 2018 IS $293,100 TOTAL LEGAL BILLS PAID FOR 2018 - YTD - $250,838.27 2. Burke, LLC - 2018 Street Improvement Project - $189,020.69 VILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 3 3. Paramedic Services of Illinois, Inc. – December 2018 - $67,833.33 4. Illinois Tollway – IGA for Roadway Reconstruction - $762,420.05 B. Approval of Payroll for Pay Period Ending December 1, 2018 - $793,011.31 C. Ordinances & Resolutions 1. ORDINANCE 2018-LY-EX1-S-1552, An Ordinance Readopting and Amending the Reference Policy for the Village of Oak Brook Public Library 2. ORDINANCE 2018-PP-S-1553, An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook 3. ORDINANCE 2018-TC-PK-G-1140, An Ordinance Amending Chapter 1 of Title 7 of the Village Code of the Village of Oak Brook, Illinois Regarding Unauthorized Use of Electric Vehicle Parking Spaces 4. RESOLUTION 2018-FD-AG-PSI-R-1765, A Resolution Approving and Authorizing the Award and Execution of an Agreement for Ambulance Billing 5. RESOLUTION 2018-TELECOM-TWR-AG-R-1767, A Resolution Approving and Authorizing a Master Pole Attachment Agreement Between the Village and Chicago SMSA Limited Partnership d/b/a Verizon Wireless to Permit the Attachment of Small Wireless Facilities to Village-Owned Poles 6. RESOLUTION 2018-TELECOM-TWR-AG-R-1768, A Resolution Approving and Authorizing a Master Pole Attachment Agreement Between the Village and New Cingular Wireless PCS, LLC d/b/a AT&T Mobility to Permit the Attachment of Small Wireless Facilities to Village-Owned Poles D. Deductible for 2019 Risk Management Insurance E. Scavenger Licenses F. Year End Bill Payment G. Development Services Referrals 1. 1211 22nd Street - Zoning Variations to Permit a Wall Sign on Roof Top Screening Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Consent Agenda, and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. VILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 4 9. ITEMS REMOVED FROM CONSENT AGENDA – None presented. 10. BOARD & COMMISSION RECOMMENDATIONS A. Jupiter Realty/ Franklin 1900 Spring, LLC – Planned Development for Condominium at 1900 Spring Road Motion by Trustee Saiyed, seconded by Trustee Manzo, that the Village Board concur with the recommendation from the Planned Development Commission (PDC) to approve the proposed Planned Development for a residential condominium building of up to 90 units for the property at 1900 Spring Road, subject to the following conditions: 1. Establishment of a dormant Special Service Area (SSA) to fully fund the maintenance, operation, repair, and replacement of the development’s storm water management facilities in the event the applicant or the condominium association fails to maintain the development’s storm water management facilities. The dormant SSA must be established before issuance of any building permit for the development. 2. Developer shall contribute ______% for the cost of the installation of a traffic signal at the intersection of Spring Road and 16th Street. (the PDC recommended the Developer pay between 25% to 50% of the cost). 3. Final civil engineering plan approval including all necessary Federal, State, County and other local requirements that relate to floodplain, floodway and storm water management. The Village’s engineering permit will not be issued until permits have been issued by all applicable Federal, State, County and local agencies. 4. Prohibition on semi-trailers utilizing the loading dock area for deliveries. 5. The FAR calculation for the 4-lot Franklin Subdivision as a whole shall not exceed 0.99, and the properties shall be maintained under common ownership or control in order to comply the Zoning Ordinance “lot” definition. The ordinance approving the planned development will be recorded against all 4 lots in the Franklin Subdivision. 6. The development’s parking garage may not be used as a commercial parking facility. 7. Restrictive covenants shall be recorded in connection with the planned development for FAR, stormwater and property maintenance and may not be modified, removed or released without the consent of the corporate authorities, and may be enforced by the Village as well as by future property owners within the subdivision/development. The Village must approve the restrictive covenants prior to recordation. 8. The proposed development shall be constructed in substantial conformance to the landscape plans and architectural plans as submitted except for “minor changes” in the approved site plan or design details as provided in the Planned Development regulations. 9. The condominium signage shall comply with all applicable Village code requirements. 10. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. 11. Authorize the Village Attorney to prepare the necessary ordinance granting the requested Planned Development for approval and adoption at the January 8, 2019 Board of Trustees meeting. VILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 5 President Lalmalani stated that each Trustee would have five (5) minutes to make their comments regarding the Planned Development. Trustee Yusuf addressed the flooding concerns and said that the development would give Oak Brook a component in the housing mix that currently doesn’t exist. He believed the development had been thought out very thoroughly and that it would be a landmark facility. Trustee Saiyed addressed the stormwater concerns and said that the permit would not be issued until the plans are approved by all applicable Federal, State, County and local agencies. Trustee Saiyed also mentioned the fire truck assess and safety concerns. Fire Chief Liss replied that all of the plans would be thoroughly reviewed, vetted and must comply with the Village’s rules and regulations, in the interest of public safety. The plans would not be approved until they meet all the requirements. Trustee Cuevas discussed his concerns that the building would have on the surrounding property values. Trustee Baar cited that he wasn’t against development and was in favor of great architecture. He said he admires the building however it doesn’t go along with Lot 4, the planned unit development and the character of the surrounding area. Trustee Manzo addressed the concerns regarding stormwater, traffic and the dormant SSA. He said he understood that change can make people nervous however Oak Brook cannot remain stagnant. He stated that the development would be good for the future of Oak Brook. Trustee Tiesenga stated that the proposal is self-refuting and discussed his concerns with the traffic and pedestrian connections. Scott Day (Day Robert & Morrison) presented a slide of the connections from the condominium building to Oak Brook Center. He explained that the plan includes pedestrian access as well as a bike path. The pathway is not just for residents of the building but is also for public pedestrian access. Discussion ensued regarding the pedestrian connections and the installation cost for the traffic signal. After a tie vote, President Lalmalani said that he truly believes that Oak Brook is at a crossroads for the first time in its history. He said that there are two options, one is to do nothing and Oak Brook remains at a standstill, and the second option is to move forward. He also said that this is a branding opportunity for Oak Brook, a high end development with tremendous architectural design. He noted that the B-2 zoning district has no height restrictions and that he understood the opposition from the residents. He remarked that this is a delicate balance between enhancing the residential areas and maintaining open space. He said that Oak Brook needs to move forward and if it doesn’t then it is sending the wrong message to future developers. He stated that he is afraid that Oak Brook could end up with a property tax and the demise of Paul Butler’s dream; therefore, he said he is voting in favor of the project. ROLL CALL VOTE: Ayes: 4 – President Lalmalani, Trustees Manzo, Saiyed, Yusuf Nays: 3 – Trustees Baar, Cuevas, Tiesenga Abstain: 0 – None Absent: 0 – None Motion carried. 11. ACTIVE BUSINESS A. Water Rate Presentation Public Works Director Patchin introduced Bob Khan (P.E. Principal from American Infrastructure Technologies) and gave a brief summary of the numerous projects that they have completed for the Village. VILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 6 Mr. Khan gave a PowerPoint presentation on the Oak Brook Water Rate Study for 2018. He discussed three (3) rate options for the Village to consider to fund the water main replacement and system repairs. Comments were made by the Board and questions were addressed by Mr. Khan and Public Works Director Patchin. B. Ordinances & Resolutions 1. ORDINANCE 2018-WA-G-1142, An Ordinance Amending Chapter 5 Of Title 8 Of The Village Code Of The Village Of Oak Brook, Illinois Relating To Water Charges Motion by Trustee Manzo, seconded by Trustee Tiesenga, that the Village Board adopt Ordinance 2018-WA-G-1142, “An Ordinance Amending Chapter 5 of Title 8 of the Village Code of the Village of Oak Brook, Illinois Relating to Water Charges” which increases water rates 10% for fiscal year 2019. ROLL CALL VOTE: Ayes: 3 – Trustees Manzo, Tiesenga, Yusuf Nays: 4 – President Lalmalani, Trustees Baar, Cuevas, Saiyed Abstain: 0 – None Absent: 0 – None Motion failed. Motion by Trustee Yusuf, seconded by Trustee Manzo, to amend the ordinance to increase water rates 5% for fiscal year 2019. ROLL CALL VOTE: On the Amendment – 5% Increase Ayes: 4 – Trustees Baar, Manzo, Tiesenga, Yusuf Nays: 3 – Trustees Cuevas, Saiyed Abstain: 0 – None Absent: 0 – None Motion carried. 2. ORDINANCE 2018-BU-EX-S-1554, An Ordinance Adopting the Budget of the Village of Oak Brook for 2019 Motion by Trustee Manzo, seconded by Trustee Cuevas, that the Village Board adopt Ordinance 2018-BU-EX-S-1554 “An Ordinance Adopting the Budget of the Village of Oak Brook for 2019”. Trustee Manzo expressed his concerns regarding the revenue projections with the departure of McDonald’s and other store closings. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. VILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 7 3. RESOLUTION 2018-IGA-OBPKD-POOL-R-1766, A Resolution Approving and Authorizing an Intergovernmental Agreement Between the Village and the Park District Relating to the Operation Of The Village’s Swimming Pool Village Manager Ginex stated that this is the second Intergovernmental Agreement with the Oak Brook Park District to operate the swimming pool complex. He said that for the upcoming year the Park District is asking for $230,000 for providing services, $25,000 less than the past season. The Village will continue to handle the concession stand and make the necessary repairs to the pools. The Agreement is for up to three additional one-year terms, through October 2022. Changes in the agreement concern the hours of operation. He thanked the Park District Board, Director Laure Kosey and her staff, for working with the Village. Comments were made by the Board. Motion by Trustee Baar, seconded by Trustee Manzo, that the Village Board Approve Resolution – R-2018-IGA-OBPKD-POOL-R-1766, A Resolution Approving and Authorizing an Intergovernmental Agreement Between the Village and The Park District Relating to The Operation of the Village’s Swimming Pool. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. C. Additional 2018 Contributions to Police and Firefighters Pension Funds Motion by Trustee Manzo, seconded by Trustee Cuevas, that the Village Board adopt the Nyhart 2018 recommended contributions of $1,946,714 to the Police Pension Fund and $2,064,689 to the Fire Pension Fund and make additional contributions to meet these amounts. Trustee Baar stated that it was responsible of the Board to commit to the additional contributions and not put the burden on future generations. He said the funding model results in higher contributions up front, but would help smooth the curve as the year 2040 approaches. Trustee Tiesenga said that it was responsible to make the contributions but that he was also concerned with pension spiking. Discussion ensued and comments were made regarding former pension contributions. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 12. INFORMATION & UPDATES A. Village Manager Village Manager Ginex wished everyone a happy Hanukkah and Merry Christmas. He thanked the Board for their support and his staff for all their hard work. B. Village Clerk Village Clerk Pruss wished everyone a Merry Christmas and Happy New Year. VILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 8 C. Trustees Trustee Tiesenga wished everyone a Merry Christmas. Trustee Manzo wished everyone a Merry Christmas Trustee Baar wished everyone a happy Hanukkah and Merry Christmas. He thanked everyone who weighed in on the Jupiter project and that other municipalities have this issue as well. Trustee Cuevas asked for an update concerning the York Road construction. Director Patchin said that it would be completed by Tuesday. Trustee Saiyed discussed his original concerns with the Jupiter project and that he in support of the building. Trustee Yusuf wished everyone a happy and safe holiday. D. Village Attorney Village Attorney Jones wished everyone a happy holiday. E. Village President Information Technology Director Fox gave an update on the construction of the monopole communication tower. Police Deputy Chief Jason Cates discussed the issue of car burglaries in the western suburbs. Public Works Director Patchin gave an update on the leaf pick up program. Golf Club Superintendent / Manager Sean Creed reported on the construction of the patio project. Head Librarian Jacob Post mentioned that the Oak Brook Art League and the Downers Grove Artists’ Guild is having a fine art sale at the Library. Finance Director Paprocki thanked everyone for their work on the 2019 budget and gave a sales tax update. Fire Chief Liss stated that the Fire Inspectors are out enforcing code compliance for a safe shopping experience and that the construction is on track at Station 93. Development Services Director Tony Budzikowski mentioned that the Hines Oak Brook Commons Preliminary Board Review would be on the January 8th agenda. 13. ADJOURNMENT Motion by Trustee Saiyed, seconded by Trustee Cuevas, to adjourn the Regular Meeting of the Board of Trustees at 9:53 p.m. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES – DECEMBER 11, 2018 Page 9 ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk