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Minutes - 08/11/2020 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF AUGUST 11, 2020 MINUTES OF THE AUGUST 11, 2020 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 8, 2020 1.CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Upper Level Conference Room of the Butler Government Center at 7:00 p.m. The Pledge of Allegiance was given. 2.ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons: PRESENT: President Gopal Lalmalani, Information Technology Director Jim Fox, Trustee Moin Saiyed PRESENT VIA TELECONFERENCE/ZOOM: Trustees John Baar, Philip Cuevas, Michael Manzo, Edward Tiesenga, Asif Yusuf ABSENT: None, Trustee Moin Saiyed left at 9:00 p.m. IN ATTENDANCE VIA TELECONFERENCE/ZOOM: Village Manager Rick Ginex, Development Services Tony Budzikowski, Police Chief James Kruger, Fire Chief Barry Liss, Finance Director Jason Paprocki, Public Works Director Doug Patchin, Village Attorney Michael Castaldo, Jr., and HR Director/ Deputy Clerk Kathy Vonachen 3.PRESIDENT’S OPENING COMMENTS President Lalmalani urged everyone to stay diligent about safety, announced new updates regarding new Coronavirus cases and deaths, informed everyone on how to acquire the ‘Oak Brook Strong’ signs and encouraged everyone to display them in solidarity. Moreover, President Lalmalani announced the resignation of the Chairman of the Sports Core Advisory Committee, Angie Lopez, and appointed John Anos as Chairman and Frank Scarpiniti as Vice Chairman. In addition, he asked the Chairman and the Vice Chairman for a meeting to discuss the outstanding issues. Next, he asked Development Services Director Budzikowski to introduce the presenters of the Oak Brook Reserve Preliminary Planned Development. Lastly, President Lalmalani asked Public Works Director Patchin to address Trustee and Resident concerns along with the progress of the ongoing Salt Storage project. Public Works Director Patchin spoke in detail about specific projects taking place on the Sports Core property, and provided a very detailed overview of the progress of the ‘Salt Storage Barn’. He also explained the reason for the chosen design and alleviated some of the concerns by sharing future plans for the property around the building. Moreover, Public Works Director Patchin explained the removal and replanting of trees, building of the exercise track, the choice of color for the Barn, addressed the possibility of buying salt off season at cheaper rates, salt trucks maintenance and storage spaces. Additionally, he fully elaborated on the business relationship with Christopher Burke Engineering and further explained the plans for stocking up on salt. Trustee Saiyed conveyed his thoughts on the size of the project which conceptually seemed smaller when originally presented. VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF AUGUST 11, 2020 Trustee Manzo shared his thoughts on the massiveness of the project, explained that there is a rationale behind the issues that have been brought up to him by the Residents. He also wanted to know the reasoning behind the color choice for the building and the amounts of salt that can be stored in the facility. Furthermore, he made comments regarding the relationship between the Village and Christopher Burke Engineering and asked about their ability to problem solve. Trustee Yusuf brought up concerns regarding past issues with salt storage and purchasing in bulk. Trustee Tiesenga read a letter from his mother complimenting the chosen design of the Barn Structure stating that the facility is a historical treasure in Oak Brook. Next, he spoke in reference to the nicely cleaned up Sports Core property and approval of all the new space for the storage of equipment and all the aggregate materials used by the Public Works Department. Moreover, Trustee Tiesenga expressed his opinions regarding concerns of being in the violation of Paul Butler’s wishes and the addition of the multi-use component to the Oak Brook Reserve Project. Trustee Baar thanked Trustee Tiesenga for his comments and added that certain areas of Sports Core property were unusable dump sides for the aggregate materials. He also shared his appreciation for the new Salt Storage facility and the ability to use the previously unusable areas of the Sports Core property. A. Oak Brook Reserve Preliminary Planned Development Presentation Development Services Director Budzikowski shared a brief introduction of the presenters and an overview of the presentation. Peter Friedman, a land use attorney at Elrod Friedman, LLP., and council for JDP Holdings thanked the Board for allowing him to speak and gave an overview of the latest updates that will be discussed during the presentation. Next, he introduced Mr. Kyle McDaniel, the principle owner of JDP Holdings and the property and thanked the Village Board for providing flexibility and accommodations to the zoning district regulations in order to make this multi-faceted development possible. Additionally, he spoke regarding the further requested changes to the regulations, shared information on the website where all the proposed changes can be found, comments can be posted and petitions can be submitted. Thereafter, Mr. Friedman answered President Lalmalani’s comments by informing him of his certainty to be able to procedurally go in front of Planned Development Commission and shared his appreciation for all the comments. Principal of JDP Pak Brook Holdings, LLC, Kyle McDaniel, thanked the Board for their time, residents for their critique and comments and spoke regarding the sensitivity around the subject of residential units. He also spoke in detail regarding the long term social and economic stewardship, shared his email address announced his availability to answer any questions from the residents. Afterwards, Mr. McDaniel went through the presentation until he was interrupted by President Lalmalani who asked for the rest of the comments to be abbreviated. President Lalmalani shared his appreciation for the open communication between all involved parties. He thanked Mr. McDaniel and Mr. Friedman for their presentation stating that the package is detailed and beautiful. Additionally, he spoke in opposition for the Trustees and Residents alike, to the residential subdivision, more zoning amendments and urged the persons involved to come up with a plan that everyone could agree upon. Next, President Lalmalani asked Clerk Pruss to address any Resident comments regarding the subject matter. Clerk Pruss read two letters from residents regarding the Oak Brook Reserve Planned Development. VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF AUGUST 11, 2020 Resident, Lauren O’Connor expressed opposition to the residential zoning amendments stating that the adjustments would cause an unnecessary financial burden to the Village. Furthermore, she went into details about potential cost that will be incurred in the future and the additional strain on the schools, the Police and Fire Departments. To conclude, she reminded the Board that they represent the Residents of the Village and urged them to vote in opposition to any residential or mixed use zoning changes for the Oak Brook Reserve. Resident, Denise Marro, shared her concerns towards the proposed Planned Development and urged the Board to vote against more residential options that would undoubtedly cause an increase in population density at the Village. Trustee Saiyed expressed his thoughts regarding the original idea compared to the modified version that was presented. He also shared his perspective regarding the residential portion of the project. Trustee Manzo spoke in reference to the received input from the Residents regarding the residential component of the project. He further expressed his surprise towards the currently proposed modifications, spoke for the ‘not so computer savvy’ Residents that would like to have their voices heard, shared Resident concerns and urged the members of the Project to come up with a ‘Plan B’ in order to ease the concerns. Trustee Baar communicated his thoughts on the commercial revitalization plan that was recently adopted. He shared the facts of the three lots involved in the Project and the previous discussion of the residential buildings helping to sustain and support the mall which in turn brings revenue to the Village. Trustee Yusuf expanded on the possibility of a potential of an investment that the project brings forth for the community and elaborated on his thoughts for the multi-use subdivision. Additionally, he stated that it is clear that the Residents of Oak Brook are against the idea. Trustee Tiesenga spoke regarding finding the Oak Brook balance and its three components. Additionally, he expressed opposition to the current proposed plan stating that it simply may not be the right time to combine the residential recreation and business components. Trustee Cuevas reminded everyone that as public figures, elected by the people and for the people, the Board needs to follow what is requested of them by the Residents. B. RESOLUTION 2020-AP-R-1897, A Resolution of Appreciation – United States Attorney, John R. Lausch President Lalmalani gave a brief introduction and an overview of the Resolution of Appreciation for the United States Attorney, John R. Lausch that Trustee Tiesenga assembled. Trustee Tiesenga presented the Resolution of Appreciation. Motion by Trustee Tiesenga, seconded by Trustee Manzo that the Village Board passes the Resolution of Appreciation for United States Attorney, John R. Lausch ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF AUGUST 11, 2020 Motion carried 4. RESIDENT/VISITOR COMMENTS Resident Ray Cesca spoke regarding new updates for the 5G deployment, read a statement made by Jeanne Ives and shared his opinions and research regarding the Oak Brook Reserve proposal. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF JULY 14, 2020. Motion by Trustee Baar, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of July 14, 2020. VOICE VOTE: Motion carried. B. REGULAR CLOSED MEETING MINUTES OF FEBRUARY 11, 2020. Motion by Trustee Baar, seconded by Trustee Manzo to approve the Minutes of the Regular Closed Board of Trustees Meeting of February 11, 2020. 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: July 23, 2020 - $857,468.41 August 06, 2020 - $2,067,640.31 Significant Items included in Above: 1. LEGAL SERVICES: a) Lamp Law, LLC. - Legal Services – July 2020 - $3,333.33 (FY20 YTD - $23,681.65) b) Clark, Baird, Smith, LLP. – June 2020 – $13,913.00 (FY20 YTD - $28,963.00) c) Ottosen, Dinolfo Hasenbalg & Castaldo – June 2020 - $10,605.34 (FY20 YTD - $63,390.64) TOTAL LEGAL BUDGET FOR 2020 IS $254,000.00 TOTAL LEGAL BILLS PAID FOR 2020 - YTD - $120,856.16 2. Burke, LLC. – Salt Storage Facility and Final Site Work – Pay Request #2 - $1,482,891.82 3. Burns & McDonnell Engineering Co., Inc. – Engineering Services – June 2020 - $21,706.25 4. Civiltech Engineering, Inc. – York/Harger Intersection & Underpass - June 2020 - $58,460.87 5. K-Five Construction Corp. – 16th Street Project - June 2020 - $505,588.50 6. Paramedic Services of Illinois – August 2020 - $59,004.00 7. BCBS HMO – Health Care Services – August 2020 - $46,094.86 8. BCBS PPO – Health Care Services – July 2020 - $270,092.82 B. Approval of Payroll for Pay Period Ending: 1. July 11, 2020 - $813,856.18 2. July 25, 2020 - $787,311.42 C. Ordinances & Resolutions VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF AUGUST 11, 2020 1. ORDINANCE 2020-ZO-DP+CA-EX-S-1605, An Ordinance Approving A Certificate of Appropriateness For the Property Located at 3824 York Road In the Village of Oak Brook, Illinois 2. ORDINANCE 2020-PP-S-1606, An Ordinance Authorizing the Sale Through Electronic Auction or Broker, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook (Various Departments) 3. ORDINANCE 2020-PD-PASS-G-1168, An Ordinance Amending Title 7 Chapter 2 Section 7- 2-1 of the Village of Oak Brook Code of Ordinances 4. RESOLUTION 2020-ENG-AG-AMD-R-1896, A Resolution Authorizing and Approving the Execution of an Amendment to the Agreement By and Between the Village of Oak Brook and Civiltech Engineering, Inc. D. Village of Oak Brook – Monthly Financial Reports June - 2020 Motion by Baar, seconded by Trustee Manzo to approve the Consent Agenda and authorize expenditures as presented or amended ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA None 8. BOARD & COMMISSION RECOMMENDATIONS A. GW Oak Brook Owner, LLC – 1717 22nd Street – Planned Development Proposal for a Redevelopment of the Former Macy’s Furniture Property Trustee Baar stated that he will me making the motion with amendments that will encourage the higher level of construction and architecture. He then added the limitations on the exterior insulation finish system outlined in condition number 6 identified in the 12 conditions of the staff moratorium. Trustee Manzo asked Director Budzikowski about the modifications made to the original setback and any beautification plans for that corner. Additionally, he addressed Mr. Goltz of GW Properties by stating his concerns with the setback and disclosed his approval of the project. Development Services Director Budzikowski answered Trustee Manzo’s question regarding the setback modifications stating that the information is laid out in the original staff report chart which compares the setbacks to the other Board approved projects. He also addressed the possibility of the gateway sign on the actual corner near the cul-de-sac bulb. Trustee Tiesenga shared his concerns and specified the requirements the Village has regarding the design of the gateway sign. Trustee Baar asked for a clarification regarding the school’s drop off and pick up lanes along with the parking situation. VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF AUGUST 11, 2020 GW Properties Principal Owner and Developer, Mitch Goltz, addressed Trustee Tiesenga’s concerns stating that the company is extremely willing to work with the Village on the design so that the end effect is tasteful and compliant with the project itself and the Village. He addressed Trustee Baar’s questions by stating that the company is currently ongoing negotiations with a Montessori school and explained parking, drop off and pick up lanes. Lastly, he thanked the Board for their time and shared the company’s excitement for the project. Motion by Trustee Baar, seconded by Trustee Tiesenga that the Village Board concurs with the recommendation from the Planned Development Commission approving the requested Planned Development as amended with departures from standard for a Commercial mixed-use redevelopment located at 1717 22nd Street to permit and allow the construction of seven (7) outlots on 8.4-acres at the former Macy’s Furniture property subject to the following: 1. 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; 2. Final engineering approval shall be required prior to the issuance of the building permit for the Development; 3. Final landscape plan approval shall be required prior to the issuance of the building permit for the Development. Specific emphasis shall be given to the perimeter landscape screening adjacent to 22nd Street parking areas whereby a continuous screen in the form of an earth berm and landscaping of at least 4’ high shall be provided at the time of installation; 4. 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, and otherwise comply with the Village’s Subdivision Regulations; 5. Cross-access and shared parking easements shall be provided within the development’s surface parking lots. 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. Exterior insulation finish systems (“EIFS”), stucco, and materials deemed comparable by the Development Services Director, shall comply with all village code requirements concerning maintenance and installation. The final design elevations shall be consistent with the design prototypes included in the application materials; 7. Covenants. Covenants must be recorded against the property in connection with the development. The covenants and/or condominium declarations must address the stormwater, property 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 must be approved by the Village Attorney prior to approval of the final plat of subdivision for the property; 8. Trash enclosures shall be of a material to match the proposed buildings materials incorporating brick, stone or a similar product for design consistency, aesthetics and long-term durability; 9. All sign proposals shall comply with applicable sign code regulations of the Oak Brook zoning ordinance; 10. Comply with all other Village Ordinance requirements at time of building permit application except as specifically varied or waived; VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF AUGUST 11, 2020 11. “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”; and 12. Authorize the Village Attorney to prepare the necessary ordinance granting the requested Planned Development for approval and adoption at a subsequent Board of Trustees meeting. ROLL CALL VOTE: Ayes: 3 – Trustees Baar, Cuevas and Yusuf, President Lalmalani Nays: 1 – Trustee Manzo, Abstain: 0 – None Absent: 2 – Trustees Saiyed and Tiesenga Motion carried. 9. UNFINISHED BUSINESS A. Ordinances & Resolutions 1. RESOLUTION 2020-ERI-IMRF-R-1895, A Resolution Adopting an Early Retirement Incentive Program with the Illinois Municipal Retirement Fund for the Village of Oak Brook President Lalmalani asked Manager Ginex to present and speak regarding Resolution R-1895. Manager Ginex provided a recap of the last meeting along with the Resolution reminding everyone that if the matter is pushed to September more employees may be eligible for the package. He further explained the cost schedule if all eligible employees were to take the offer, reiterating that the true schedule would be available only after the matter was approved and the Village had the exact number of employees retiring under the offered Program. Moreover, Manager Ginex went over detailed options of eliminating positions in each department, future possibilities under the reorganization of positions. Lastly, he addressed Trustee Cuveas’s concerns by saying that would be a need for a policy further emphasizing on different scenarios which would include more eligible employees if matter is delayed. Trustee Manzo thanked Finance Director Paprocki for taking the time to communicate with him personally regarding the matter and went on to speak regarding his past experiences with Early Retirement in relation to the Village’s current situation. Furthermore, he expressed his concerns with taking a risk of such magnitude, asked Finance Director Paprocki if there was a possibility of putting together different scenarios with different number of employees involved in each scenario, if the Village has a definite answer to the number of employees that will definitely take the Incentive and if it was possible to find out an exact number of employees that would be eligible in the next month or two. President Lalmalani shared his impressions regarding the guaranteed savings and stated options the Board has regarding the said matter. Next, he reiterated Trustee Baar and Manzo’s comments regarding the possibilities of savings, shared his concerns toward hiring new employees and the loss of current experienced work force. Moreover, President Lalmalani requested that Finance Director Paprocki present a document that would provide a clearer understanding of the options at hand. Trustee Tiesenga shared his hesitations towards the Early Retirement Incentive Program due to no guarantees on savings and asked Finance Director Paprocki regarding the accuracy of a probability. Finance Director Paprocki echoed Manager Ginex’s earlier comments regarding the savings and the number of employees that would definitely take advantage of the Early Retirement Package. Additionally, he explained the reasons for the presented projections, addressed Trustee Tiesenga concerns stating that it is impossible to provide an accurate probability with all the different variables VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF AUGUST 11, 2020 at play. Furthermore, Director Paprocki answered Trustee Manzo by saying that because the Village is not aware of a full list of employees that would take advantage of the Early Retirement Incentive Program package, the information presented is on the number that showed serious interest. Trustee Yusuf said that with the program the Village will lose many highly experienced employees and shared his concerns about the ability to hire highly experienced employees at a bottom rate in the future. Next, he asked HR Director/Deputy Clerk for a confirmation that if the matter gets delayed more employees may be taking part in the Early Retirement Incentive Program and shared his understanding of the situation along with a preference to defer the matter. Trustee Baar spoke in agreement with Trustee Manzo’s earlier comments reiterating the differences between the Early Retirement Incentive for a school system and the Village. He then shared his concerns with the ability to hire highly skilled and qualified employees at a lower starting compensation and the availability to provide this option to eligible employees without getting into any legal repercussions. Trustee Cuevas shared his understanding regarding the matter at hand adding that the staff has done what they were asked of by the Board. He also clearly stated that now it is up to the Board to make a final decision. Additionally, he said that the savings that the Village would be able to accrue is also up to the Board based on future decisions to hire new employees. Lastly, he shared his approval of the Early Retirement Incentive Program finding it to be a unique solution to the current issue without any legal repercussions. HR Director/Deputy Clerk Vonachen explained that deferring the matter would allow for new employees to be eligible which would also require the Village to go back to IMRF to receive the availability information for the eligible employees. She also confirmed Trustee Yusuf’s understanding of the delay. Motion by Trustee Manzo, seconded by Trustee Yusuf that the Village Board Defers Resolution R-2020-ERI-IMRF-R-1895 Adopting an Early Retirement Incentive Program with the Illinois Municipal Retirement Fund for the Village of Oak Brook. ROLL CALL VOTE: Ayes: 4 – Trustees Baar, Manzo, Tiesenga and Yusuf Nays: 1 – Trustee Cuevas Abstain: 0 – None Absent: 1 – Trustee Saiyed Motion carried. B. 2020 Water Distribution Improvements Discussion President Lalmalani asked Trustee Tiesenga to present the item for discussion, asked if the project is time sensitive and confirmed that there is a consensus from the Board to move forward with the project. Trustee Tiesenga stated that the discussion in an update regarding the Brook Forest Water System which has been previously deferred and shared new information regarding an offered discount. Thereafter, he asked Public Works Director Patchin to further elaborate on the details of said transaction. Public Works Director Patchin stated the reasons for not starting the project earlier, shared detailed information regarding the offered discount from the contractor emphasizing that it would only apply VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF AUGUST 11, 2020 towards the construction and engineering portion of the project. He stated and confirmed with the company, the exact amount that would be deducted from the originally proposed price and shared the detailed work that would be performed. He then informed everyone of a separate repaving project that would be taking place with Christopher Burke and funding of phase 1 and 2 next year. Furthermore, Public Works Director Patchin stated that if the project was to get approved at the next Board meeting the company could start the work as soon as the contract got approved. Lastly, he confirmed Trustee Manzo’s concern stating that there would be enough time to finish the project this year. Trustee Yusuf clarified with Director Patchin that this project does not include a full repavement work and it is just a patch job. He also stated that he is in favor of moving forward with the project if the stated amount is in fact true and accurate. Trustee Manzo spoke regarding the discount price and encouraged the Board to take advantage of the offer. Trustee Baar spoke in favor of the project itself and encouraged the Board to take advantage of the opportunity presented to them. 10. ADJOURNMENT Motion by Trustee Cuevas seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 9:42 p.m. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk