Minutes - 09/08/2020 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF SEPTEMBER 08, 2020
MINUTES OF THE SEPTEMBER 08, 2020
REGULAR MEETING OF THE PRESIDENT
AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS
WRITTEN ON
SEPTEMBER 22, 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 7:04 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
PRESENT VIA TELECONFERENCE/ZOOM:
Trustees John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Asif Yusuf
ABSENT:
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 Steve DiNolfo, and HR
Director/ Deputy Clerk Kathy Vonachen
3. PRESIDENT’S OPENING COMMENTS
President Lalmalani called the meeting to order and shared his thoughts and hopes regarding Labor
Day weekend. He then announced plans for honoring lost lives during the tragic event of 9/11 and
shared a little bit about that memorable day. Next, he shared updates regarding the Coronavirus,
projections for vaccines and shared his optimism for a brighter future ahead. After that, President
Lalmalani provided information regarding new voter registration, shared some of the places where one
can register and encouraged everyone that has not done so to register and vote. Lastly, he spoke about
the Census, encouraged everyone to respond, explained the positive effects for the community with a
high response rate and moved on to speaking about the Graue Mill Dam while making an introduction
for Graue Mill and Museum Secretary Karen Bushy. At the end of the meeting, President Lalmalani
thanked Manager Ginex, Fire Chief Liss, Police Chief Kruger and Information Technology Director
Fox for the preparation of the virtual ceremony to commemorate the lost lives and the celebrate the
heroes of the 9/11 events. He further spoke about the participation of school children in the past
events.
Clerk Pruss reminded everyone that Voter Registrations can be done at the Village Hall, the County or
on the DuPage County Election Commission website.
A. Graue Mill Dam and Fullersburg Woods Restoration Project Discussion
Trustee Saiyed spoke about the issues brought up at the 2009 Agenda Meeting regarding the Graue
Mill Dam.
Resident, Rus Strahan, spoke in opposition of the removal of the Dam, shared highlights from the 2009
meeting and shared the environmental and economic impacts the removal would have on the Village.
VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF SEPTEMBER 08, 2020
Vice President of the Fullersburg Historic Foundation, Richard Allison, thanked the President for
mentioning events of 9/11, spoke in opposition of the removal of the Graue Mill Dam citing Clean
Water Act, sharing a bit of history about the Graue Mill. He further mentioned The DuPage River Salt
Creek Workgroup recommendations to the DuPage County Forest Preserve plans and included some of
the statements made at the 2009 meeting. Lastly, he shared environmental data of the Historic site.
Graue Mill and Museum Secretary, Karen Bushy, thanked everyone for listening, shared a Graue Mill
video message, spoke about The DuPage River Salt Creek Workgroup presentation from the 2017
meeting, number of issues that have been brought up and the actions taken in order to save the Graue
Mill Dam. Next, she spoke to the awareness and importance of the environmental attributes, shared the
Graue Mill’s history and stressed on the value of the place for the Historical Society. Moreover, she
shared her opinions regarding the proposed financial solution by the Workgroup, expressed her strong
beliefs as to why the Dam should be saved. Furthermore, Ms. Bushy, shared details regarding the
structure and corrective measures taken for the proper function of the Mill’s middle wheel and shared
her opinions regarding the functionality of the surrounding Dams. After that, she spoke regarding the
consequences to the development on the McDonald’s property if the removal of the Dam takes place.
She also shared her opinions regarding the pollution issues that have been brought up and stated that
there are other ways to solve those problems. Lastly, encouraged anyone that would like to take a
walking tour of the area to contact her.
Clerk Pruss read a letter of opposition of the removal of the Dam from Resident, Mike Macken, which
stressed on the Graue Mill and the Dam’s history.
Director of Watershed Protection for The Conservation Foundation/DRSCW, Stephen McCracken,
thanked the Board for the opportunity to speak, shared details from the 2009 meeting presentation, his
opinions and facts regarding the financial aspects of the removal of the Dam. He further expressed his
opinions about the complaints of the current conditions and shared various other possibilities to resolve
the issues at the site and encouraged the Board to engage with DRSCW in making a proposal to the
Forest Preserve District.
Clerk Pruss read a letter from Resident, Anna Marie Hajek expressing opposition of the removal of the
Historic Landmark.
Trustee Manzo stated that all the residents he spoke with want the Dam to remain as is. He further
shared resident support and shared his thoughts regarding the matter.
Trustee Saiyed spoke in opposition to the removal of the Dam saying that it is a Historic site that
should not be removed and encouraged the idea of finding other solution to improving the current
conditions of the ecosystem.
Trustee Yusuf stated that there is a lot of history to the Graue Mill site and he finds no need for a
suggested fish ladder in order to build an adequate habitat, therefore, his vote is to keep the Dam.
Trustee Tiesenga thanked President Lalmalani for allowing him to speak on the matter and shared his
appreciation for all the history related to the Graue Mill. In like manner, he spoke of the Butler family
in relation to the Mill, and further spoke to the Workgroup meetings attended by Director
Budzikowski. He then explained the details of plans for the reconstruction of the Dam and spoke about
the water quality in Oak Brook due to the chemicals used for the maintenance of the golf course.
Additionally, he expressed his concerns regarding the Forest Preserve District’s lack of agenda on the
matter and stated that he is in opposition to the removal of the Dam.
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Trustee Baar thanked President Lalmalani for allowing him to speak on the matter, further informed
everyone of the Dam removal in the surrounding areas and the science behind the improved ecology at
those sites. Additionally, he spoke about Mr. McCracken and the Workgroup being very conscientious
of the environmental aspects of the situation and stated that if one removes one Dam in order for the
goal to be fully accomplished the surrounding Dams have to be removed as well. Lastly, he spoke to
the historic nature of the site and the need for its preservation.
Trustee Cuevas spoke in agreement with all the previous comments and shared his opinions on the
importance of preserving the site due to its historic nature. Additionally, he stressed the importance of
exploring other options to treat the area.
President Lalmalani confirmed that Trustee Saiyed wants to keep the Dam the way it is now, thanked
Ms. Bushy for shedding so much light on a complex subject and asked the Village Attorney Dinolfo
for advice regarding the next steps in the proceedings. Thereafter, he asked Trustee Tiesenga to read
the preliminary Resolution of opposition to Graue Mill Dam removal, and instructed Village Manager
Ginex and Village Attorney DiNolfo to draft a full Resolution of opposition and send to the Forest
Preserve District.
Village Attorney, Dinolfo stated that a motion and a roll call are needed.
Clerk Pruss asked Trustee Tiesenga to email the completed Resolution to her.
Trustee Tiesenga confirmed that as soon as he concludes the proper Resolution procedure he will email
it to Clerk Pruss as requested.
Motion by Trustee Baar, seconded by Trustee Manzo that the Village Board Reaffirms the 2009
Resolution Opposing the Removal Of the Graue Mill Dam
ROLL CALL VOTE:
Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 0 – None
Motion carried
4. RESIDENT/VISITOR COMMENTS
Resident Ray Cesca, shared new updates regarding the expansion of the 5G deployment and
encouraged the Fire Department to measure the radiation levels coming off of the Cell Tower located
next to the Fire Station sharing an incident from a Fire Department in California. He also made
suggestions for a virtual town hall meeting in order to educate the residents on the safety and health
risks involved with the 5G deployment.
Vail Hallman, general manager and Vincent Harris, owner and operator, for the Surf’s Up liquor
license thanked the Board for the invitation and spoke a little about the new establishment coming to
the Village.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 11, 2020
Motion by Trustee Baar, seconded by Trustee Manzo to approve the Minutes of the Regular Board of
Trustees Meeting of August 11, 2020. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF SEPTEMBER 08, 2020
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:
August 21, 2020 - $1,031,111.03
September 3, 2020 - $355,259.33
Significant Items included in Above:
1. LEGAL SERVICES:
a) Clark, Baird, Smith, LLP. – July 2020 – $16,818.38 (FY20 YTD - $45,781.38 )
b) Ottosen, Dinolfo Hasenbalg & Castaldo – July 2020 - $10,506.15 (FY20 YTD -
$73,896.79)
c) Rathje Woodward, LLC. – July 2020 - $504.74 (FY20 YTD - $9,492.44)
TOTAL LEGAL BUDGET FOR 2020 IS $254,000.00
TOTAL LEGAL BILLS PAID FOR 2020 - YTD - $152,351.76
2. Burns & McDonnell Engineering Co., Inc. – Engineering Services – July 2020 - $20,533.33
3. Tyler Technologies – Inv.#045-310391 - $63,667.40
4. Lyons Electric Company – Inv.#9556 - $25,725.00
5. Lyons Electric Company – Inv.#9557 - $25,725.00
6. BCBS HMO – Health Care Services – September 2020 - $48,750.67
7. IRMA – July 2020 - $34,395.65
8. DCVP-Co-Op Advertising – July-August - Inv.#4614 - $54,846.00
TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2020 - $192,020
TOTAL PAID FOR 2020 - $162,532.03
B. Approval of Payroll for Pay Period Ending:
1. August 8, 2020 - $833,795.76
2. August 22, 2020 - $865,054.50
C. Development Services Referrals
1. Abuhilal Consolidation - 3004 Lincoln Road and Vacant Properties - Final Plat of
Consolidation
2. 3004 Lincoln Road - Variation - Rear Yard Setback
D. Ordinances & Resolutions
1. RESOLUTION 2020-FD-PG-EQ-R-1898, A Resolution Approving the Waiver of Competitive
Bidding and Authorizing the Purchase of a Monitor/Defibrillator
VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF SEPTEMBER 08, 2020
2. RESOLUTION 2020-PW-B&T-CNTRCT-R-1860, A Resolution Approving and Authorizing
the Execution of an Agreement By and Between the Village of Oak Brook and Garland/DBS,
Inc.
3. ORDINANCE 2020-ZO-PUD-EX-S-1607, An Ordinance GW Oak Brook Owner, LLC – 1717
22nd Street – Planned Development Proposal For a Redevelopment of the Former Macy’s
Furniture Property
4. RESOLUTION 2020-PW-WA-AG-R-1899, A Resolution Approving and Authorizing the
Execution Of an Agreement By and Between the Village of Oak Brook And Burke, LLC. 2020
Water Distribution Improvements
5. ORDINANCE 2020-LC-AL-G-1169, An Ordinance Amending Title 4, Chapter 1, Section 8A
of the Village Code of the Village of Oak Brook, Illinois By Increasing By One to Thirty-
Three the Number Of Authorized Class A-1 Liquor Licenses (Stay Chicago Inc. d/b/a Surf’s
Up Dining Group LLC)
E. Village of Oak Brook – Monthly Financial Reports July - 2020
Motion by Trustee 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. Planned Development Commission Recommendation – Medical Office, Hines Development
Development Services Director Tony Budzikowski made a brief introduction to the requested
amendment to the original plan development and asked Attorney Friedman to speak in detail on the
matter. Later, he explained that the monitoring of the parking situation is the best policy and made
recommendations for the Village to bring in the traffic consultant at its discretion. Next, Development
Services Director Budzikowski, stated that the number 2 provision in the recommended motion would
be for the conceptual approval of the total of 19 stories for the requirements of the project which would
include 72 condominium units. He also reiterated that this is just a conceptual approval and the plan
development team will have to come back to the Board seeking approval again with a detailed final
design, however, the idea is to approve the bulk of requirements of the project.
Attorney Peter Friedman thanked Director Budzikowski for the introduction, Trustee Baar for making
the motion and reiterated in detail the brief summary Director Budzikowski shared. Additionally, he
invited any and all questions regarding the matter and advised everyone of the materials presented in
front of them. Thereafter, he apologized for not introducing other present members of the team and
made the brief introductions. Then, Mr. Friedman reminded everyone that these changes were not
anticipated when the plan was originally proposed and that if there were to be any more amendments in
the future, they would need the Board’s approval. Later, he stated that there should be no other
VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF SEPTEMBER 08, 2020
amendments made at this time as the company is not authorized to build anything else on pad K except
for the condominiums. Additionally, if any of the concerns voiced by Trustee Saiyed were to come true
few years from now then the team would have to come back to the Board to seek permission to build
something else at that time and the Board will have the right to refuse.
Trustee Saiyed voiced his concerns with the proposed changes along with bigger concerns for the
future of the Development and the possibility of even more changes. Additionally, he shared his
concerns with the water main, parking and traffic with the approval of this amendment. Moreover,
Trustee Saiyed advised of a possible economic shift in the future with a market crash and asked for a
clarification on whether the Board needs to commit to the 19 stories read in the motion.
Mr. Greg McHenry of Hines Development, thanked everyone for their time and addressed concerns
regarding the changes in the parcels and the financing for the development of the condominiums.
President Lalmalani shared his excitement for the medical building and expressed concerns with the
practicality of the proposed amendments along with traffic issues, the new pricing on the
condominiums, the number of condominiums and the height of the building. He asked Director
Budzikowski to clarify the ‘Land Banking Insurance Policy’ in practice and reiterated everything that
has been said regarding the traffic and height concerns. Additionally, he shared his thoughts on coming
up with the ideal resolution and asked if any of the Trustees would like to make an amendment or an
extraction to the motion made by Trustee Baar.
Mr. Greg VanSchaack of Hines Development, affirmed that the company is continually committed and
serious about building the condominiums as presented in the master plan. He further clarified the
commitment to the condominium project, timeframe and zoning. Next, he addressed the traffic
situation, the concerns for the height of the building and introduced the traffic engineer.
William (Bill) Grieve, traffic consultant for Hines Development spoke regarding the very rigorous
traffic study conducted in February of 2019 which was reviewed and agreed upon by the Village staff
and Village consultants stating that the very realistic accommodations have been made in order to
adhere to the morning and evening rushes and explained how the medical building traffic would be
handled.
Trustee Manzo spoke in support of the proposed medical building and shared his delight with the
progress of the project despite the issues in the economy due to the pandemic. He further spoke
regarding the land banking provision put in place as an ‘insurance policy’, shared a warning for the
parking and traffic issues and asked for a clarification on the amendments if all are approved.
Moreover, he stated that the approval is for the height of the building, that he is also in support of the
lower height if that is what is chosen by the Board and reiterated that the company has to come back to
the Board with any further changes.
Trustee Tiesenga shared his appreciation for a very detailed traffic study and explained the detailed
data.
Trustee Yusuf shared his concerns with the proposed changes including parking and the height of the
buildings. He also spoke about the time constrains, the economic impact on the development and the
ability to sell the condominiums. He then stated that he does not want to make any additional
amendments and suggested that the Board approves what is presented before them at this time and set
precedents at a later time.
VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF SEPTEMBER 08, 2020
Trustee Baar spoke about Plan Commission concerns with the signage, the discussion regarding the
possible height increase to the apartment building and he conceptual idea of the height increase for all
the buildings that would have to be approved by the Board. Additionally, he stated that there is no need
for any commitment and shared his opinions formed during the discussion that had just taken place.
Trustee Cuevas spoke in agreement with Trustee Manzo’s comments regarding the parking provisions
and shared some concerns with the condominiums, however, he stated that he is ok with the overall
project.
Attorney DiNolfo stated that everything Attorney Friedman had said is correct and that the Board has
to commit to 19 stories when voting on the motion made by Trustee Baar. He also said that if the Board
chooses to make amendments that is their prerogative.
Motion by Trustee Baar, seconded by Trustee Manzo that the Village Board concurs with the
recommendation from the Planned Development Commission approving the requested
Amendments to the Oak Brook Commons Planned Development with departures from standards
for Lots K & L for a medical office building subject to the following:
1. Compliance with Plans: The development, maintenance, and operation of Building L 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. The changes to residential condominium building K to 19-stories and 72 owner occupied
units is approved in concept and shall be subject to an Amendment to the Planned Development
that will incorporate a final site plan, final building elevation and other final design drawings as
part of a formal Planned Development Amendment submittal.
3. Final engineering approval shall be required prior to the issuance of the building permit for
Building L.
4. Final landscape plan approval shall be required prior to the issuance of the building permit
for Building L.
5. 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 1.56 as
identified in the approved Planned Development Ordinance S-1568.
6. The Security and site control measures for Building L shall be discussed and developed in
cooperation with the Oak Brook Police Department to utilize public and private resources in
establishing a thorough and appropriate building and site security plan;
7. Trash enclosures and other service areas shall be provided within the building unless
otherwise noted on the approved site plan.
8. A final wall sign exhibit shall be required depicting all three (3) wall signs on the south, east
and west building elevations. The wall sign on the west building façade shall only be illuminated
during the hours of operation for the medical office building and only with Board approval once
the condominium building is built. All sign proposals shall comply with all other applicable sign
code regulations of the Oak Brook zoning code.
9. All other provisions of Ordinance S-1568 approved for the Subject Property will remain in
full force and effect.
10. Add the condition “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”.
VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF SEPTEMBER 08, 2020
11. Authorize the Village Attorney to prepare the necessary ordinance granting the requested
Planned Development for approval and adoption at the September 22, 2020 Board of Trustees
meeting.
ROLL CALL VOTE:
Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga
Nays: 1 – Trustee Yusuf
Abstain: 0 – None
Absent: 0 – None
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 speak regarding the progress made regarding the Early
Retirement Incentive (ERI) Resolution. He stated that he was not prepared to vote on this Resolution,
spoke about Trustees having additional questions regarding the matter and voiced his concerns with the
approval of this resolution. He further suggested that the Resolution be deferred, asked Director
Paprocki for additional insights on the situation and if he has any past experiences from other
municipalities with Early Retirement Programs.
Manager Ginex spoke in detail regarding the ERI Program stating that what has been presented in front
of the Board covers 4 months of calculations and employees that would be involved during those times.
He further explained the liability increase and the savings associated with the elimination of the
particular positions. Moreover, he stated that he has experience from 2 municipalities that have
participated in this type of Early Retirement Program with great success, answered Trustee Saiyed
stating that the information presented is all that is available and clarified the 4 positions that would be
eliminated for Trustee Cuevas. Lastly, he confirmed for Trustee Saiyed, that the positions would be
eliminated permanently.
Trustee Baar made a motion for discussion, spoke about the benefits of approving the Early
Retirement Incentive Program, including the reorganization due to position elimination, explained the
negative aspects of letting people go and stated that he is in favor of the Resolution. Additionally, he
stated that opportunities such as this one do not come by too often.
Trustee Manzo spoke about his experience with the program in the school system, voiced his concerns
with the approval of the program on the Village level due to the uncertainty of current times and the
loss of very experienced employees.
Trustee Saiyed spoke in opposition to the loss of experienced employees with this program along with
short and long term savings.
Trustee Yusuf stated that he has spoken with Director Paprocki in order to gain a clear understanding
of the situation and the options of participating in the Early Retirement Program. Then, he shared the
conclusions he came up with and further shared reasons for the opposition.
Trustee Tiesenga shared his appreciation for the work performed by Manager Ginex and the comments
made by Trustee Baar on the matter. He further spoke regarding current financial and economic impact
on the Village due to the Pandemic and shared his viewpoint on several options presented before the
Board.
VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF SEPTEMBER 08, 2020
Director Paprocki stated that given the laid out plan there could be major savings, however, there are
several uncertainties that cannot be calculated with assurance. He also stated that even though there are
no guarantees, given the way the plan is laid out approval of the ERI program would be quite beneficial
to the Village with enormous advantages short term. Additionally, he explained the future projections
and stated that he has no direct experience with a situation such as this one.
Trustee Cuevas shared his opinions regarding the reorganization of the positions, rehiring and possible
lawsuits that could arise from layoffs. Additionally, he stated that it is up to the Board at this time to
choose to make the cost savings. Additionally, he asked for a clarification on the elimination of the 4
positions mentioned by Manager Ginex.
Trustee Saiyed asked Director Paprocki for clarification on the long term pension costs and savings,
reiterated that the plan is not a good one in the long run and that there are no long term advantages to
the plan. He also asked if the Resolution can be further delayed in order to obtain more information and
asked for a clarification from Manager Ginex that the eliminated positions would not be reinstated.
Motion by Trustee Baar, seconded by Trustee Tiesenga that the Village Board Approves
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: 3 – Trustees Baar, Cuevas, Tiesenga
Nays: 4 – Trustees Manzo, Saiyed, Yusuf and President Lalmalani
Abstain: 0 – None
Absent: 0 – None
Motion carried.
10. ADJOURNMENT
Motion by Trustee Yusuf 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