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Minutes - 05/14/2019 - Board of Trustees (3) MINUTES OF THE APRIL 23, 2019 VILLAGE Of REGULAR MEETING OF THE PRESIDENT OAK B Rqt�-,K . AND BOARD OF TRUSTEES OF THE � VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 14, 2019 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 7:06 pm. The Pledge of Allegiance was led by the Fire Department Honor Guard. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: Trustees John Baar, Trustee Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, President Gopal Lalmalani ABSENT: Trustee Yusuf(arrived at approximately 7:10 p.m.) IN ATTENDANCE: Village Manager Rick Ginex, Development Services Director Tony Budzikowski, Golf Club Superintendent/Manager Sean Creed, Information Technology Director Jim Fox,Police Chief Jim Kruger,Fire Chief Barry Liss,Finance Director Jason Paprocki,Public Works Director Doug Patchin, Human Resource Director/Deputy Clerk Kathy Vonachen, Village Attorney Greg Jones 3. PRESIDENT'S OPENING COMMENTS President Lalmalani mentioned that at the May 14th Board meeting,the recently re-elected Village Officials would be sworn in by Justice Ann Jorgenson. He also reviewed several of the upcoming committee meetings. President Lalmalani stated that a press release was sent out, along with several other communities, in opposition to the DuPage Convention and Visitors Bureau proposed countrywide hotel tax increase. A. Swearing in of Firefighter—Honor Guard Chairman John Pearson and Commissioner Judy Lucas (Board of Fire and Police Commission) came to the podium for the swearing in of Firefighter Eric Focht. Chairman Pearson read the Appointment Order and gave a background story of Firefighter Focht's career. Village Clerk Pruss came to the podium and administered the oath of office. Chief Liss made a few remarks and asked everyone to join in on congratulating Firefighter Focht to the Village of Oak Brook Fire Department. The badge pinning ceremony, and fire helmet with shield, were presented to Firefighter Focht by his mom and dad. 4. RESIDENT/VISITOR COMMENT Resident Leo Danieldides addressed the flyer that was circulated during the recent election. Laure Kosey(Oak Brook Park District) said that there would be community input meetings on May 71n regarding Central Park North. Bill Huffman (The Duchossois Group) gave an update on the Chamberlain Group and expressed their support for the apartments at Oak Brook Commons. Resident Richard Labardi commented on the Bath &Tennis Club eliminating the senior family membership program. Resident Connie Xinos spoke regarding the effect rental apartments would have on Oak VILLAGE OF OAK BROOK MINUTES Page 1 of 8 REGULAR MEETING OF APRIL 23,2019 Brook. Bill Elwood(CBRE) expressed their support for the Hines Development and the multi-tenant office space. Resident Ray Cesca addressed the flyer that was circulated during the election. He also asked the Board to put in place the Fair Campaign Practices Act that Trustee Tiesenga discussed at the last meeting. David Carlin (Greater Oak Brook Chamber of Commerce) announced their support for the Oak Brook Commons Planned Development. 5. APPROVAL OF MINUTES A. Regular Board of Trustees Meeting Minutes of April 9, 2019 Motion by Trustee Cuevas, seconded by Trustee Yusuf,to approve the Minutes of the Regular Board of Trustees Meeting Minutes of April 9,2019. 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. 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 ,April 18, 2019 - $1,294.285.11 Significant Items included in Above: 1) LEGAL SERVICES: a) Ancel, Glink, P.C., - Legal Services - April 12, 2019 - $12,058.75 (FY19 YTD - $30,521.25) b) Rathje Woodward, LLC - Legal Services -April 4, 2019 - $ 3,333.33 c) Rathje Woodward, LLC - Legal Services -April 3, 2019 - $0 (FY19 YTD - $20,316.49) d) Clark Baird Smith, LLP -Legal Services -April 9, 2019 - $2,720.00 (FY19 YTD - $7,983.00) TOTAL LEGAL BUDGET FOR 2019 IS $294,000 TOTAL LEGAL BILLS PAID FOR 2019-YTD - $60,913.24 2) Burke, LLC - Salt Storage Site Work/B &T Circle and Drainage Improvements - $628,723.71 3) Health Care Services -BCBS HMO - June 2019 - $32,422.91 4) Homer Tree Care, Inc. - Salt Storage Facility- $28,000.00 5) Paramedic Services of Illinois, Inc. -April 2019 - $68,525.01 6) DuPage Convention &Visitors Bureau -January through April 2019 - $98,275.00 TOTAL DUPAGE CONVENTION &VISITORS BUREAU BUDGET FOR 2019 IS $344,460.00 - TOTAL PAID FOR 2019 - YTD - $116,144.45 B. Approval of Payroll for Pay Period Ending: 1. April 6, 2019 - $756,386.13 C. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1. Alarm Board Monitoring Services VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF APRIL 23,2019 2. Telephone System Upgrade or Replacement D. Ordinances & Resolutions 1. ORDINANCE 2019-LC-AL-G-1148, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois By Decreasing By One to Thirty-Four the Number of Authorized Class A-1 Liquor Licenses 2. RESOLUTION 2019-SC-V-PG-R-1802,A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of a Bobcat Skid-Steer Loader E. Village of Oak Brook- Monthly Financial Reports - March 2019 Motion by Trustee Baar, seconded by Trustee Cuevas, 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. 7. ITEMS REMOVED FROM CONSENT AGENDA—None Presented 8. BOARD & COMMISSION RECOMMENDATIONS A. Hines Interests Limited Partnership, Contract Purchaser and McDonald's Corporation, Property Owner—2111 McDonald's Drive and 1120 22nd Street—Proposed Mixed Use Development to be known as Oak Brook Commons—Planned Development Motion by Trustee Baar, seconded by Trustee Saiyed,that the Village Board concur with the recommendation from the Planned Development Commission (PDC) to approve the proposed Planned Development for a mixed-use redevelopment proposal for the McDonald's Plaza property consisting of retail, restaurant, multi-family residential,office and hotel uses on 17.5- acres, subject to the following conditions: 1. Final approval of building elevations for individual buildings within the subdivision shall be subject to review and approval by the Village Board.Design and/or architectural guidelines may be provided for incorporation into the PD agreement that identify color palettes, building materials and other architectural features for a high-quality commercial redevelopment project. In addition, floor plans for individual buildings,which includes ranges of sizes. 2. Traffic control at the intersection of McDonald's Drive and Commerce Drive shall be phased in accordance with certain specific warrants as determined by traffic counts to be conducted by a licensed traffic consultant,chosen by the Village,and paid for by the Developer.A traffic signal will be required when the development generates enough traffic to warrant a signal. VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF APRIL 23,2019 a. The existing stop sign at McDonald's Drive/Commerce Drive shall remain until such time as warrants are met for a traffic signal as specified in subcondition b. Two (2), 24-hour traffic counts shall be conducted by the Village's chosen traffic consultant a minimum of once per calendar year as mutually agreed upon by the Village and Developer. A traffic signal shall be warranted at this intersection if the 24-hour counts at the intersection meet certain criteria as set forth in the MUTCD. Developer will timely reimburse the Village for the costs of conducting these traffic counts. c. The cost for the design and installation of the traffic control signal required under this subsection shall be the responsibility of the Developer, and prior to any building permit being issued for the Development/Property, the Developer shall provide the Village surety in an amount equal to the cost of installing the traffic control signal, as determined by the Village Engineer, and in a form approved by the Village Attorney. 3. Final Subdivision Plat approval for the Development/Property shall be required prior to the issuance of any permits for the Development/Property. Said plat shall include all utility, stormwater, cross-access, shared parking and sidewalk easements to be dedicated for phases 1 and 2 of the development, and otherwise comply with the Village's Subdivision Regulations. 4. Individual property owners (including condominium associations) in the Oak Brook Commons development shall be jointly responsible for maintenance and upkeep of stormwater detention areas, underground detention areas and other stormwater related facilities through a master property owner's association. 5. Cross-access and shared parking easements shall be provided within the development's surface parking lots and parking structures/decks in consideration of the mixed-use nature of the development. It is further acknowledged that the use of the ground floor of parking deck for the office buildings H & J are available for overflow public parking for retail/restaurant employees,customers and valet parking services within the Oak Brook Commons development. The cross-access and shared parking easements must be in a form approved by the Village Attorney prior to recordation, and must be approved prior to approval of the final plat of subdivision for the Property. 6. Covenants. Covenants (including any condominium declarations) must be recorded against the Property in connection with the Development.The covenants and/or condominium declarations must address the stormwater,property maintenance,park maintenance,cross-access,and other conditions imposed by the Ordinance approving the planned development or any agreement associated with the same. The covenants and/or condominium declarations must be in a form approved by the Village Attorney prior to recordation. The covenants and/or condominium declarations may not be modified, removed, or released without the consent of the Corporate Authorities of the Village. The Village, as well as future owners of the Property or condominiums on the Property, must be authorized to enforce the covenants and/or condominium declarations.The covenants and/or condominium declarations must be approved by the Village Attorney prior to approval of the final plat of subdivision for the Property. In addition, include a restriction that the apartment lease and condominium covenants would prohibit any nightly rentals and Airbnb's. VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF APRIL 23,2019 7. Final engineering approval shall be required prior to the issuance of the first building permit for the Development. 8. Final landscape plan approval shall be required prior to the issuance of the first building permit for the Development. Perimeter landscaping for phases 1 and 2 shall be planted within one-year of the date of the issuance of the site grading and utility permit for the Oak Brook Commons development. 9. Replacement and installation of the public water main in the McDonald's Drive right-of-way shall be required as part of the site improvements for the Oak Brook Commons development and paid for by the Developer. 10. In accordance with an approved planned development site plan, not more than 24,000 SF of restaurant and 18,000 SF of retail building area shall be constructed in Phase 1 of the development.This land use and area limitation is based upon not less than 248 off-street surface parking spaces being constructed in Phase 1 of the development. 11. Phasing Plan. The development shall be phased in accordance with the plan identified as page A7.5 and subject to specific agreed upon timelines identified in the approval ordinance. 12. Demolition of the McDonald's headquarters building, site restoration and establishment of ground cover shall be completed within 180 days from the date of approval of the Planned Development. 13. Outdoor dining area locations shall be approved in accordance with the approved site plan and shall not require a separate special use permit approval. 14. Floor Area Ratio Limitation: The floor area ration (FAR) approved for the Property will apply to all lots within any future subdivision of the Property (total of 17.47 acres) as a whole. The FAR calculation for the entire Property, even after subdivision, may not exceed 1.60. 15. Fire Department Utility Rooms: The developer will provide fire department utility rooms in the residential apartment buildings of the Development as the Village Fire Chief deems necessary. 16. Trash enclosures and other service areas shall be provided within individual buildings unless otherwise noted on the approved site plan. 17. All sign proposals shall comply with applicable sign code regulations of the Oak Brook zoning ordinance. 18. Compliance with Plans: The development, maintenance, and operation of the Property will be in substantial compliance with the plans and documents as submitted,except for minor changes approved by the Development Services Director and Village Manager in accordance with Section 13-15-8 of the Zoning Ordinance. VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF APRIL 23,2019 19. 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. 20. Authorize the Village Attorney to prepare the necessary ordinance granting the requested Planned Development for approval and adoption at the May 14, 2019 Board of Trustees meeting. Trustee Baar provided a background of the Hines project that would consist of retail,restaurant, multi- family residential, office and hotel uses. Peter Friedman (Holland and Knight)narrated the development process that transpired over the last 10 (ten)months as well as the timetable for demolition. He noted that there are twenty (20) conditions that needed to be met and asked for approval of the motion. Greg Van Schaack(Hines) provided a PowerPoint presentation with an overview of Oak Brook Commons and other Hines projects in the Chicagoland area. Joe Antunovich (Antunovich Associates)presented several PowerPoint slides with the architectural, landscape and civil engineering plans. He specifically highlighted the office building that would be constructed out of a timber structure, a first of its kind in the Chicago area. Mr. Van Schaack reviewed the master plan progression and noted that Hines has agreed to replace and upsize the water main under McDonalds Drive, and that the Village would net $6.4 million in one-time permit fees as well as $1.3 million in annual net income. He also reviewed the parking plans and a quality comparison of the apartments. Comments were made from the Board and questions were answered by Mr. Van Schaack and Director Budzikowski. ROLL CALL VOTE: Ayes: 6— Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried. B. Village of Oak Brook Salt Storage Facility - Special Use & Variations - 700-810 Oak Brook Road Motion by Trustee Baar,seconded by Trustee Cuevas, that that the Village Board concur with the recommendations from the Plan Commission and Zoning Board of Appeals and to approve the requested special use and variations to allow the construction of a salt storage/maintenance facility at the Sports Core property, subject to the following conditions: 1. That the development is in substantial compliance with the plans as submitted. 2. Review the installation of a 4-way stop sign at the new entrance drive to the facility,the library and Polo Lane, or a 2-way stop sign at the entrance drive to the facility and library, to determine if additional traffic control is warranted. 3. Include additional 6-8-foot-high evergreen trees, mixed high and low and staggered along the fence to provide screening from the library, if necessary and appropriate. 4. That all previously approved special use permits and variations granted to the Sports Core property not in conflict with this request will remain in full force and effect; VILLAGE OF OAK BROOK MINUTES Page 6 of 8 REGULAR MEETING OF APRIL 23,2019 5. Add the provision "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically waived or varied." 6. Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the May 14,2019 Board of Trustees meeting. Trustee Baar explained that this project would take care of most of the drainage concerns on the Sports Core property. He also said that the new facility would consolidate the Village's material storage needs and therefore reclaim areas of the Sports Core that have not been utilized in decades. ROLL CALL VOTE: Ayes: 6— Trustees Baar, Cuevas,Manzo, Saiyed,Tiesenga,Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried. 9. INFORMATION & UPDATES A. Village Manager Village Manager Ginex congratulated Head Librarian Jacob Post and his wife Ashley on the birth of their son, Dylan Matthew Post. B. Village Clerk informed everyone that the official results of the consolidated election are posted. C. Trustees Trustee Yusuf reminded everyone to wear bright reflective clothing or carry a flashlight at night. Trustee Baar discussed his intentions regarding any future redevelopment in the Village of Oak Brook. Trustee Manzo talked about the process that lead up the approval of the Oak Brook Commons Planned Development. Trustee Tiesenga mentioned the upcoming DuPage Mayors and Managers Conference. D. Village Attorney Village Attorney Jones had nothing to report. E. Village President Information Technology Director Fox talked about the updates to the new Village website. Police Chief Kruger reported that the State Conference for the Illinois Chiefs Association would be held in Oak Brook. Public Works Director Patchin gave an update on the Brook Forest water main project. VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF APRIL 23,2019 Golf Club Superintendent/Manager Sean Creed reminded everyone that there is a Sports Core Committee meeting on April 241H Human Resource Director/Deputy Clerk Kathy Vonachen reported that she would be meeting with Vista National to discuss upcoming insurance plans. Fire Chief Liss reported on an incident that Ladder 94 responded to on April 13th in Oak Park. He stated that Acting Officer David Kornfeind, and Firefighter/Paramedics Robert Micek and Gino Picciola were recognized with a unit citation. 10. ADJOURNMENT Motion by Trustee Cuevas, seconded by Trustee Yusuf,to adjourn the Regular Meeting of the Board of Trustees at 10:06 p.m. VOICE VOTE: Motion carried. ATTEST: Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 8 of 8 REGULAR MEETING OF APRIL 23,2019