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Minutes - 10/25/2022 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 7 REGULAR MEETING OF OCTOBER 25, 2022 MINUTES OF THE OCTOBER 25, 2022 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON NOVEMBER 08, 2022 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 Boardroom 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: Trustees Laurence Herman, Michael Manzo, James Nagle, A. Suresh Reddy, Edward Tiesenga and President Gopal Lalmalani VIA ZOOM: None ABSENT: None IN ATTENDANCE: Village Manager Greg Summers, Assistant Village Manager Jessica Spencer, Information Technology Director Jim Fox, Police Chief Brian Strockis, Public Works Director Rick Valent, Head Librarian Jacob Post, Finance Director Marilyn Fumero, Interim Fire Chief Kevin Fleege, Development Services Director Rebecca Von Drasek, Golf Club Manager/Superintendent Sean Creed and Village Attorney Michael Castaldo Jr. 3. PRESIDENT’S OPENING COMMENTS President Lalmalani shared information regarding the five day celebration of Diwali, the Festival of Lights and wished all those celebrating warmth and brightness throughout the year. Next, he announced Trick or Treating hours, the Police hosted Thanksgiving food drive, and proceeded to remind everyone of the Daylight Savings Time, the elections and the proposed referendum question. After that, he talked about Trustee Herman’s, as President Pro Tem, attendance at the Timber Trail 75th celebration and the Historical Society Oak Brook Center presentation. President Lalmalani also asked Trustee Herman to share highlights of the events. Trustee Herman briefly share a few highlights of the events and encouraged everyone who hasn’t done so yet to visit the Historical Society Heritage Center. 4. PUBLIC COMMENT ON AGENDA ITEMS 5. APPROVAL OF MINUTES A. Regular Board of Trustees Meeting of October 11, 2022 Motion by Trustee Reddy, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of October 11, 2022. VOICE VOTE: Motion carried. 5. APPROVAL OF MINUTES B. Special Executive Meeting Minutes of September 7, 2022 Motion by Trustee Reddy, seconded by Trustee Manzo to approve the Minutes of Special Executive Meeting Minutes of September 7, 2022. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 7 REGULAR MEETING OF OCTOBER 25, 2022 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: October 20, 2022 - $2,567,489.55 Significant Items Included in Above: 1. LEGAL SERVICES: a) Clark, Baird, Smith, LLP. – September 2022 – $3,710.00 (FY22 YTD - $85,132.50) b) Lamp Law, LLC. - Legal Services – September 2022 - $3,333.33 (FY22 YTD - $29,999.97) c) Rathje Woodward, LLC – Legal Services – September 2022 - $1,146.50 (FY22 YTD - $2,970.50) d) Ottosen, Dinolfo Hasenbalg & Castaldo – September 2022 - $27,442.07 (FY22 YTD - $185,969.01) TOTAL LEGAL BUDGET FOR 2022 IS $266,800.00 TOTAL LEGAL BILLS PAID FOR 2022 - YTD - $317.205.98 2. Al Piemonte Cadillac, Inc. – Undercover Vehicle - $53,523.24 3. Burke, LLC – Pay Request #5 – Brook Forest, Regent Bridge, Trinity Lakes Path, and Spring Rd. Resurfacing Improvements - $1,623,633.28 4. Ridge IT Corporation – Inv. # 5334 - $31,000.00 5. DuPage Water Commission – September 2022 - $490,318.08 6. DCVB-Co-Op Advertising – Quarterly Dues – July 2022 – September 2022 - $34,292.12 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2022 - $87,500 TOTAL PAID FOR 2022 - $89,620.58 B. Approval of Payroll for Pay Period Ending: October 15, 2022 - $887,440.74 C. Village of Oak Brook – Monthly Financial Reports September 2022 Motion by Trustee Reddy, seconded by Trustee Manzo to approve the Consent Agenda, and authorize the expenditures as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga and Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA None 8. ACTIVE BUSINESS A. Confirmation of Appointments 1. Re -Appointment of Natalie Cappetta to the Zoning Board of Appeals VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF OCTOBER 25, 2022 Trustee Yusuf expressed his concerns with the proposed re-appointment referencing re-appointee’s past behavior and accusations during the local elections. Trustee Nagle shared his experience, thoughts, and opinions regarding the appointee and further spoke in support of the decision. President Lalmalani clarified the experience referenced by Trustee Yusuf and spoke as to the appointee’s performance as a Commissioner on the Zoning Board of Appeals. Trustee Manzo also divulged his opinions on the matter and the appointee’s performance as a Commissioner on the Zoning Board of Appeals. Trustee Tiesenga also shared his opinions regarding the local elections and expressed his support for the nomination. Motion by Trustee Nagle, seconded by Trustee Manzo that the Village Board approved President Lalmalani’s Recommendation to Re-Appoint Natalie Cappetta to the Zoning Board of Appeals ROLL CALL VOTE: Ayes: 5 – Trustees Herman, Manzo, Nagle, Reddy, and Tiesenga Nays: 1 - Trustee Yusuf Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 1. RESOLUTION R-2046, A Resolution Approving a Contract By and Between the Village of Oak Brook and Landscape Material & Firewood Sales, Inc., for Public Works Leaf Hauling and Disposal Services Trustee Tiesenga briefly shared information on the item and presented the motion. Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve RESOLUTION R-2046, A Resolution Approving a Contract By and Between the Village of Oak Brook and Landscape Material & Firewood Sales, Inc., for Public Works Leaf Hauling and Disposal Services ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, and Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 2. RESOLUTION R-2048, A Resolution Granting an Extension to a Planned Development and Associated Approvals, for the Property Located at 1900 Spring Road; (Jupiter/1900 Spring Road, LLC) President Lalmalani announced that the Attorney representing 1900 Spring Road requested a deferral of the consideration of the item until the next Board Meeting held on November 8, 2022. VILLAGE OF OAK BROOK MINUTES Page 4 of 7 REGULAR MEETING OF OCTOBER 25, 2022 Motion by Trustee Herman, seconded by Trustee Manzo to approve RESOLUTION R-2048, A Resolution Granting an Extension to a Planned Development and Associated Approvals, for the Property Located at 1900 Spring Road; (Jupiter/1900 Spring Road, LLC)ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga and Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 3. ORDINANCE S-1662 – An Ordinance Granting Variation from Provisions of Section 13- 11-10.G.4 of Title 13 (“Zoning Regulations”) of the Village Code of the Village of Oak Brook Relative to the Allowance of a Projected Wall Sign on the Building for the Property Located at 1170 22nd Street, Oak Brook, Illinois Trustee Yusuf presented the motion and asked that Development Services Director Von Drasek further explain the variation request. He later asked for a clarification of the monument sign on the premises and expressed his concerns with setting a precedence for other establishments. Development Services Director Von Drasek explained the background of the applicant’s request, along with the recommendations from the Zoning Board of Appeals. She also addressed any questions and concerns. Discussion ensued. Attorney Peter Friedman, representing the applicant, greeted everyone, thanked the Board for taking the time to review all the presented documents and proceed to explain the variation standards and procedures. Next, he introduced David Yob, a CEO of Alter Brewing Company, and Dave Nash of Aria Group Architects for the overall architectural structure regarding the signage request. He shared several viewpoints in favor of the applicant’s proposal, further elaborating on the proof of hardships with regard to the need of the proposed signage along with the uniqueness of the property and the significance of the signage to the success of the establishment. Later, Attorney Friedman confirmed being amendable to the alternative option mentioned by Trustee Manzo. David Yob, a CEO of Alter Brewing Company, introduced himself, thanked the Board for the consideration of the variance request and further explained the unique situation surrounding the location of the establishment. Dave Nash of Aria Group Architects further elaborated on the previous comments showing a proposed visual of the signage and the property as explained by the previous speakers. Trustee Nagle spoke in full support of the recommendation made by the Zoning Board of Appeals. Trustee Reddy spoke against the approval of the proposed variance supporting Trustee Yusuf’s comments. Trustee Herman spoke in Agreement with Trustee Yusuf and Nagle’s comments, while elaborating on the comments made by Attorney Friedman, the presentation at the Zoning Board of Appeals meeting, his own research, and presented hardship by the establishment. In addition, by sharing his own analysis, he argued that the establishment does not meet the requirements for the requested variation. VILLAGE OF OAK BROOK MINUTES Page 5 of 7 REGULAR MEETING OF OCTOBER 25, 2022 Trustee Manzo spoke in agreement with comments and arguments made by Trustee Herman, except for being in support of the second option presented in the documents. Trustee Tiesenga expressed his thoughts and opinions regarding the presented signage and shared his agreement with Trustee Herman’s analysis of the failure to meet the variation standards. Motion by Trustee Manzo, seconded by Trustee Herman to approve ORDINANCE S-1662 – An Ordinance Granting Variation from Provisions of Section 13-11-10.G.4 of Title 13 (“Zoning Regulations”) of the Village Code of the Village of Oak Brook Relative to the Allowance of an Additional Wall Sign on the Building for the Property Located at 1170 22nd Street, Oak Brook, Illinois As Amended ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga and Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 4.RESOLUTION R-2047, A Resolution Supporting Continued Efforts to Resolve Public Safety Concerns with the SAFE-T Act Trustee Tiesenga introduced the Resolution by furnishing data on recent criminal activities and explaining the various ways criminal entrepreneurs will benefit from the Safe-T Act once fully instituted throughout the State. He then presented the motion. Trustee Manzo shared his thoughts, opinions and hopes regarding the implementation of the Safe-T Act. Trustee Yusuf spoke in support of the presented Resolution and against the Safe-T Act by explaining numerous ways the Act is not written for the safety of the Public. Trustee Nagle also divulged his strong feelings against the Safe-T Act and shared his approval of the proposed Resolution. President Lalmalani thanked Trustee Tiesenga, Village Manager Summers and Village Attorney Castaldo for compiling all the necessary information and bringing the Resolution to the Board. Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve RESOLUTION R-2047, A Resolution Supporting Continued Efforts to Resolve Public Safety Concerns with the SAFE -T Act ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga and Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried C.Discussion – Ordinance Prohibiting Pedestrians in Roadways, ORDINANCE G-1218, An Ordinance Amending the Traffic Code of the Village of Oak Brook, Illinois Police Chief Strockis spoke in support of the Ordinance prohibiting pedestrians in roadway for everyone’s safety and prevention of a tragedy between a pedestrian and a vehicle. VILLAGE OF OAK BROOK MINUTES Page 6 of 7 REGULAR MEETING OF OCTOBER 25, 2022 Trustee Yusuf spoke out in support of the Ordinance for the same reason shared by Police Chief Strockis. Trustee Nagle also spoke in support of the Ordinance. Trustee Reddy too agreed with previously made comments. Trustee Herman shared his thoughts on the Ordinance and urged caution when formulating the language to avoid any unintended consequences. Trustee Manzo also expressed his support for the Ordnance for everyone’s safety. Trustee Tiesenga spoke in support of the Ordinance, suggesting several clauses mentioning carjackings. President Lalmalani asked Village Attorney Castaldo to help with formulating and including all the mentioned suggestions and ideas for safety of all involved. Village Attorney Castaldo assured President Lalmalani that the Ordinance will be drafted in a way that it adheres to the law and protects the safety of everyone involved. He also stated that the Ordinance will be brought forth for approval at the next Board meeting. 9.PUBLIC COMMENT ON NON-AGENDA ITEMS Resident Al Knuth of York Woods Subdivision spoke about issues faced by the Subdivision including the promised landscaping by Flagg Creek Reclamation District and the request for curb cut the Drake. 10.BOARD UPDATES Trustee Manzo made comments regarding the event that took place last year, which included a proponent of the Safety Act where Trustee Nagle, in attendance at the time, called them out on various issues. Trustee Tiesenga thanked Trustee Herman for his research on the variation standards. Trustee Yusuf wished everyone safe and happy Halloween, encouraged everyone to call 911 if something seems to be out of the ordinary and to stay vigilant. President Lalmalani announced that the open meeting will be adjourned from the Upper Level Conference Room at the end of the Closed Session. 11.ADJOURN TO CLOSED SESSION, For the Purpose of Discussing (1) Minutes of Meetings Lawfully Closed Under This Act, (2) To Consider Collective Negotiating Matters Between the Village and Its Employees or their representatives, Pursuant to 2(C)(21), 2(C)(2) Of the Illinois Open Meetings Act Respectively Motion by Trustee Reddy, seconded by Trustee Manzo to adjourn to Closed Session of the Board of Trustees at 8:20 p.m. VOICE VOTE: Motion carried. RECONVENE 8:45 p.m. 12.ADJOURNMENT Motion by Trustee Nagle, seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 8:46 p.m. VOICE VOTE: Motion carried. ATTEST: _________________________________________ Charlotte K. Pruss Village Clerk /s/ Charlotte K. Pruss