Minutes - 09/22/2020 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 7 REGULAR MEETING OF SEPTEMBER 22, 2020
MINUTES OF THE SEPTEMBER 22, 2020
REGULAR MEETING OF THE PRESIDENT
AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS
WRITTEN ON
OCTOBER 13, 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 7:01 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, Village Manager Rick Ginex, Information Technology
Director Jim Fox, Village Attorney Michael Castaldo
PRESENT VIA TELECONFERENCE/ZOOM:
Trustees John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Asif Yusuf
ABSENT:
IN ATTENDANCE VIA TELECONFERENCE/ZOOM: Development Services Tony Budzikowski,
Police Chief James Kruger, Fire Chief Barry Liss, Finance Director Jason Paprocki, Public Works
Director Doug Patchin
3. PRESIDENT’S OPENING COMMENTS
President Lalmalani wished everyone a happy Rosh Hashanah, explained the meaning behind the
Jewish holiday, announced that the Master Plan for the Salt Creek at Fullersburg Woods has been
posted on the Village’s website and spoke about the Resolution of Opposition passed at the September
8, 2020 meeting. Next, he announced the final Polo Match of the season, spoke about the teams, where
to get tickets, invited the whole Board to attend and shared his hopes for good weather. Moreover,
President Lalmalani announced September to be a Suicide Prevention Month and further spoke about
the stigma, awareness, resources, hope and new opportunities. Lastly, he shared updates on current
status of COVID infections affecting the community, county, country and the way the Board meetings
are conducted. Additionally, he shared his concerns with the positivity rates among younger age
groups, urged caution and continued guideline compliance along with hopes for even lower positivity
rates and in person meetings in a very near future.
4. RESIDENT/VISITOR COMMENTS
Resident and a Board Member of Trinity Lakes Homeowners Association (HOA), Naveen Jain,
thanked the Board for the opportunity to speak and spoke regarding safety, security and recent crimes
in the community. He also made suggestions for the overall safety concerns and urged the Board to
think ‘outside the box’ in order to resolve the resident concerns in a more comprehensive manner.
President Lalmalani thanked Mr. Jain for his comments and stated that the raised issues and concerns
will be discussed at the HOA meeting set for October 24, 2020.
Resident Denise Marro, shared concerns with the current state of the bike paths and the issue with the
ownership of the Bridge in Trinity Lakes subdivision.
VILLAGE OF OAK BROOK MINUTES Page 2 of 7 REGULAR MEETING OF SEPTEMBER 22, 2020
Public Works Director Doug Patchin stated that the Bridge belongs to the Forest Preserve.
Resident and Board Member of Ginger Creek Homeowners Association, Maggie Bennett, spoke
regarding the recently sent our survey which was aimed to address resident concerns and announced
that the number one concerns were safety and security. She further shared suggestions of several
different options to consider including a ‘virtual gate’.
Trustee Saiyed spoke in agreement to the ‘virtual gate’ idea.
Resident Ray Cesca, shared most recent updates on the 5G deployment, including the work performed
within the Village and further advised everyone of the political and financial gain for the shareholders
and the infrastructure developer. Lastly, he shared health and safety concerns and explained wave
length and antenna deployment.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 08, 2020
Motion by Trustee Baar, seconded by Trustee Manzo to approve the Minutes of the Regular Board of
Trustees Meeting of September 08, 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: September 17, 2020 - $1,309,632.94
Significant Items included in Above:
1. LEGAL SERVICES:
a) Lamp Law, LLC. - Legal Services – August 2020 - $3,333.33 (FY20 YTD - $27,014.98)
b) Clark, Baird, Smith, LLP. – August 2020 – $10,304.56 (FY20 YTD - $56,085.94)
c) Rathje Woodward, LLC. – August 2020 - $85.50 (FY20 YTD - $9,577.94)
TOTAL LEGAL BUDGET FOR 2020 IS $254,000.00
TOTAL LEGAL BILLS PAID FOR 2020 - YTD - $166,342.15
2. Civiltech Engineering, Inc. – York/Harger Int. and Underpass Project – Inv.#3459-06 -
$69,607.51
3. Civiltech Engineering, Inc. – York/Harger Int. and Underpass Phase I & II – Inv.#49251 -
$90,465.92
4. DuPage Water Commission – August 2020 - $607,393.64
5. Paramedic Services of Illinois – September 2020 - $59,004.00
6. IRMA – August 2020 - $38,825.84
7. BCBS PPO – Health Care Services – August 2020 - $216,711.90
TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2020 - $192,020
TOTAL PAID FOR 2020 - $168,548.75
B. Approval of Payroll for Pay Period Ending: September 5, 2020 - $812,577.74
C. Ordinances & Resolutions
VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF SEPTEMBER 22, 2020
1. ORDINANCE 2020-LC-AL-G-1170, 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 Six the
Number of Authorized Class E Liquor Licenses (Hyatt Corporation d/b/a Hyatt Lodge)
2. ORDINANCE 2020-LC-AL-G-1171, 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 Seven the
Number of Authorized Class E Liquor Licenses (Davidson Hotel Company LLC d/b/a Hyatt
Lodge)
3. RESOLUTION 2020-IT-MOU-DUCOMM-R-1893, A Resolution Approving a Memorandum
of Understanding (MOU) Between the Village Of Oak Brook and DuPage Public Safety
Communications (DU-COMM)
4. ORDINANCE 2020-ZO-PUD-EX-S-1608, An Ordinance Approving the Amendment To the
Oak Brook Commons Planned Development Ordinance 2019-ZO-PUD-EX-S-1568 For the
Property Located at 1120 22nd Street and 2111 McDonald’s Dr. In the Village of Oak Brook,
Illinois
5. ORDINANCE 2020-PP-S-1609, 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 Surplus
6. RESOLUTION 2020-ARTSDPG-R-1901, A Resolution Proclaiming October 2020 as Arts
DuPage Month
E. Village of Oak Brook – Monthly Financial Reports August - 2020
Motion by Trustee Baar, seconded by Trustee Manzo to approve the Consent Agenda with the
exception of Items 6.C.3 and 6.C.4, 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
ITEM 6.C.3 RESOLUTION 2020-IT-MOU-DUCOMM-R-1893, A Resolution Approving a
Memorandum of Understanding (MOU) Between the Village of Oak Brook and DuPage Public Safety
Communications (DU-COMM)
Trustee Tiesenga made a motion to amend the MOU, seconded by Trustee Manzo, and added a section
4.E to prohibit technology released by the Chinese government from being placed in the Village.
President Lalmalani stated that the amendment by Trustee Tiesenga is a friendly amendment and if
there are no further comments or discussion the matter should be voted on.
Motion by Trustee Tiesenga, seconded by Trustee Manzo that the Village Board Approves a
Memorandum of Understanding (MOU) Between the Village of Oak Brook and DuPage Public
Safety Communications (DU-COMM)
ROLL CALL VOTE:
VILLAGE OF OAK BROOK MINUTES Page 4 of 7 REGULAR MEETING OF SEPTEMBER 22, 2020
Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 0 – None
Motion carried
ITEM 6.C.4 ORDINANCE 2020-ZO-PUD-EX-S-1608, An Ordinance Approving the Amendment To
the Oak Brook Commons Planned Development Ordinance 2019-ZO-PUD-EX-S-1568 For the
Property Located at 1120 22nd Street and 2111 McDonald’s Dr. In the Village of Oak Brook, Illinois
President Lalmalani announced that a discussion involving Mr. Greg VanSchaack of Hines, Attorney
Peter Friedman, Village Attorney Castaldo, and himself prior to the meeting in order to discuss several
issues raised by some of the elected officials. He also stated that an agreement regarding the height
limitations was reached and asked Village Attorney Castaldo for direction moving forward. He
clarified that the revised ordinance for Building K will go from 19 stories to 14 stories as originally
approved in the original Planned Development. Moreover, President Lalmalani spoke about challenges
with obtaining financing for the condominium project, shared his opinions regarding the situation at
hand and further elaborated on the proposed number of units in relation to the approved height. Later,
he thanked Mr. VanSchaack for joining the meeting,
Village Attorney Castaldo thanked President Lalmalani, the Board, Attorney Friedman and Mr.
VanSchaack for their graciousness and accommodations regarding the raised concerns. He also stated
that the height concerns have been resolved and a revised Ordinance has been distributed accordingly.
Additionally, he confirmed that the height variation is the same as originally approved, advised against
tampering with the FAR (Floor Area Ratio) provisions currently in place, confirmed Trustee Manzo’s
statement regarding the FAR and reiterated that the only amendment made by Trustee Tiesenga relates
to a reduction of proposed number of units.
Attorney Friedman stated that Village Attorney Castaldo summarized everything perfectly, reiterated
that the amended pages of the Ordinance have been distributed and if all parties involved are in
agreement than moving forth with a medical building is the next step in the process. Additionally, he
stated that there is a slight difference in the measurements due to a higher accuracy of the
measurements given and clarified the FAR (Floor Area Ratio) issue by referring to the existing Plan
Development Ordinance which identifies the FAR the company is entitled to. Next, he asked Trustee
Yusuf for a clarification on the statement regarding the unused FAR, asked for the amendment made
by Trustee Tiesenga to be restated prior to vote and asked to confirm that the number of units is the
only proposed additional change. Furthermore, Attorney Friedman explained to Trustee Tiesenga the
explicit provision regarding FAR that applies under the existing ordinance.
Trustee Saiyed asked Attorney Friedman to confirm that no more changes will be made to the pad and
that the condominiums will be going up as originally planned due to the high demand, high number of
inquiries and completed bookings. Next, he answered Trustee Baar by stating that the higher demand
for more parking and increased traffic outweighs the benefits of the height of the building at this time.
Trustee Yusuf stated he is in agreement with the height limitations agreement currently reached and
asked for a confirmation that it is the same as originally approved. Next, he asked about the previous
measurements and confirmed that he has no objections to the change. After that, Trustee Yusuf spoke
about the number of the approved condominiums in relation to the height, shared his concerns with
traffic and parking and reiterated currently proposed plans. He also stated that he is in full agreement of
considering future modifications if tangible plans are presented. Moreover, Trustee Yusuf shared his
VILLAGE OF OAK BROOK MINUTES Page 5 of 7 REGULAR MEETING OF SEPTEMBER 22, 2020
concerns with the unused FAR (Floor Area Ratio) being moved to different areas of the project and
clarified for Attorney Friedman his thoughts regarding the unused FAR.
Trustee Baar asked Trustee Saiyed to elaborate on the objection to the higher building structure if the
demand for condominiums is as high as he stated. Next, he shared his thoughts regarding the proposed
amendments stating that he is not in agreement with certain statements made by the other Trustees. He
also asked for a clarification on the retainment of FAR by Hines.
Trustee Tiesenga made a motion to bring the number of units to the original plan which was seconded
by Trustee Yusuf and confirmed with Attorney Friedman the proposed modifications to the
amendment. He also made statements in disagreement of the company to be able to retain the unused
FAR.
Mr. VanSchaack of Hines explained the reasons behind the decision to go with the medical building
and the transference of the unused FAR (Floor Area Ratio) to the other sites within the project. He also
spoke about breach of agreement and the unduly distress on the project if the ability to retain FAR was
not feasible.
Trustee Manzo reiterated Trustee Yusuf’s statements in order to clarify his understanding of the
situation and asked for a clarification regarding the procedural aspects as it relates to the proposed
amendment and the motion. In addition, he clearly stated the situation as it pertains to the FAR issues
and asked Attorney Castaldo to confirm his understanding.
Village Manage Ginex clarified the reached agreement and statements made by Attorney Friedman.
President Lalmalani asked for a clarification on whether the amendment made by Trustee Tiesenga has
been seconded, asked Trustee Tiesenga to restate the amendment, clarified procedural questions for
Trustee Manzo, confirmed for Trustee Baar that FAR would be retained and asked Attorney Castaldo
to provide further insight on the matters in questions.
Motion by Trustee Tiesenga, seconded by Trustee Yusuf to Amend Every Point in the Latest
Version of the Ordinance Where Stated “Up to 72” to Read “Up to 54”
ROLL CALL VOTE:
Ayes: 4 – Trustees Manzo, Saiyed, Tiesenga, and Yusuf
Nays: 2 – Trustees Baar, Cuevas
Abstain: 0 – None
Absent: 0 – None
Motion carried
Motion by Trustee Yusuf, seconded by Trustee Manzo that the Village Board approves the
amended Ordinance Approving the Amendment to the Oak Brook Commons Planned
Development Ordinance 2019-ZO-PUD-EX-S-1568 For the Property Located at 1120 22nd Street
and 2111 McDonald’s Dr. In the Village of Oak Brook, Illinois
ROLL CALL VOTE:
Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 0 – None
Motion carried
8. ACTIVE BUSINESS
VILLAGE OF OAK BROOK MINUTES Page 6 of 7 REGULAR MEETING OF SEPTEMBER 22, 2020
A. Discussion of the IGA Renewal for Sports Core Management With the Park District
Trustee Saiyed shared his concerns with a multi thousand-dollar investment for parking under the
current economic circumstances and stated that after speaking with the Executive Director for the Park
District Laure Kosey, a final decision can be made after the annual budget meetings. He reiterated that
the expanse is too much and too risky under the current circumstances and that the pool operations
should also be addressed after the annual budget meeting.
Trustee Manzo shared bits of his conversation with the Executive Director for the Park District Laure
Kosey, as it related to his opposition to the agreement stating that it has no financial benefits to the
Village. He further explained his reasons for the opposition including how the Village does not benefit
from this type of arrangement. Later, he confirmed that proposed ideas by Trustee Cuevas is something
worth considering, made suggestions for deferral of the renewal due to too many uncertainties and
suggested the exploration of renting out the pool to be considered at that time. Additionally, he asked
about life guard requirements, asked for clarification on this year’s revenues from the soccer fields and
reiterated Trustee Saiyed’s comments regarding the instability of finances due to the pandemic.
Trustee Cuevas spoke about the outdoor pools being a hot commodity right now with an extremely
high demand, made suggestions as to possible options for large revenues to the Village. He also
explained to President Lalmalani the IDPH guidelines for outdoor open pools along with High School
indoor pools. In addition, Trustee Cuevas addressed Trustee Manzo’s life guard questions, addressed
President Lalmalani’s suggestion by saying that Ms. Kosey does a phenomenal job and he will be
proposing some of the mentioned ideas to her.
President Lalmalani stated that the Governor has not come up with restrictions or suggestions to the
outdoor pools and reminded everyone of the issues that occurred when the Board managed the Pool. He
also confirmed Manager Ginex’s statement that there have been no complaints and suggested that
Trustee Cuevas takes over the management. Next, he asked for further insights from Trustees Manzo
and Saiyed regarding pool operations and asked Village Manager Ginex to provide a bit of clarification
regarding the finances as they relate to the Park District. Later, he stated that the Board has until
December to make a final decision and the contribution amount can be discussed at the annual budget
meetings, and shared additional concerns regarding the proposed amount to be allocated for parking.
Village Manager Ginex stated that the work on the pool is being finished, reminded everyone of
discussions that took place at the most recent Sports Core Advisory Committee, mentioned issues with
staffing and all the compliments received since the Park District took over the management of Bath &
Tennis. Next, he explained the proposed parking lot, shared aerial view of the design and further
explained the outlook. Moreover, he talked about the OSLAD grant, current revenues for the Park
District as well as projections should everything work out accordingly.
Trustee Baar spoke about the newly renovated pool, explained reasons for it not opening this year,
confirmed the fantastic operations of the Park District and spoke in agreement with Trustee Manzo’s
comments regarding the lack of financial benefit under the current provisions in the agreement. He also
made suggestions to alternative solutions to the parking situation without having to invest large
amounts of money on parking. Trustee Baar said that all questions have been addressed in an email
from the Executive Director for the Park District Laure Kosey.
Trustee Yusuf spoke in agreement of continuing the agreement with the Park District for another year
as suggested by Trustee Baar and said that he would like to see additional participation from the Park
District regarding the parking lot expansion.
VILLAGE OF OAK BROOK MINUTES Page 7 of 7 REGULAR MEETING OF SEPTEMBER 22, 2020
Trustee Tiesenga shared his opinion regarding the current agreement, spoke in agreement with earlier
comments of possible deferral and made suggestions stating that the Sports Core Advisory Committee
should be the one working out the finances. He reminded everyone that some of the Committee
members have a strong background in accounting and can provide different perspectives especially that
the Park District has stated that they are flexible about working with the Village.
9. ADJOURNMENT
Motion by Trustee Baar seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of
Trustees at 8:28 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk