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Minutes - 01/24/2023 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING OF JANUARY 24, 2023 MINUTES OF THE JANUARY 24, 2023 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON FEBRUARY 14, 2023 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, Asif Yusuf 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 began his opening comments by announcing the beginning of the Chinese New Year and wishing all celebrating a Happy New Year, happiness and prosperity in the upcoming year. He proceeded to speak about the Village-hosted DuPage County District 2 meeting, the DMMC legislative dinner, asked Trustee Herman and Village Manager Summers to say a few words about the DuPage Mayors and Managers Conference (DMMC) legislative dinner, and shared news about the recipient of the Governmental Leader of the Year Award, Bob Berlin. Following that, President Lalmalani announced the Oak Brook Police Department's Blood Drive and the 50/50 cost sharing of License Plate Reading Cameras (LPR), discussed the recent home invasion on Luthin Road, and asked Trustee Herman and Police Chief Strockis to elaborate on the incident and neighborhood safety. Trustee Herman shared his observations, thoughts, and opinions from the DuPage County District 2 meeting and the DMMC dinner. He touched on commonalities between issues within the surrounding communities, successes of LPR cameras, and adaptation of the Business Registry. Later, Trustee Herman shared his personal involvement and experience with the recent home burglary and Police response. Village Manager Summers also spoke about the DuPage County District 2 meeting and the DMMC dinner, reiterating comments made by Trustee Herman. Additionally, he spoke about a home invasion and the rapid and efficient response of the Police Departments, resulting in the apprehension of one of the involved individuals. He later touched on the multistep process of the LPR cameras and communications with interested Homeowner Associations. Police Chief Strockis expanded on comments made by Village Manager Summers regarding residential burglaries and shared additional details regarding the residential burglary on Luthin Road, including the Police response from neighboring Police Departments and the apprehension of one offender. He stressed VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING OF JANUARY 24, 2023 that the successful apprehension of the suspect was the first in DuPage County, mentioned the Chicago Tribune article about the Police efforts in this incident, and reassured everyone that the increasing technology is assisting with the ongoing crime investigation and keeping the community safe. A. Kevin Fleege Swearing-In President Lalmalani introduced Interim Fire Chief Kevin Fleege, briefly shared his history with the Fire Department, and commended him on his tremendous leadership skills. He asked Clerk Pruss to Swear-In Interim Fire Chief Fleege to the position of Fire Chief. Clerk Pruss Swore-In Interim Fire Chief to the position of Fire Chief. Fire Chief Fleege spoke about his 24 year tenure with the Oak Brook Fire Department, thanked the Board for their confidence in him to lead the Fire Department, and shared his family history of four generations of Fire Chiefs. He also thanked his family for their sacrifices, unconditional love, and support throughout the years, calling them the unspoken heroes of the Firefighter’s family. Motion by Trustee Nagle, seconded by Trustee Manzo to approve Interim Fire Chief Kevin Fleege to the position of Fire Chief. ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried B. Preliminary Board Review for Planned Development: 1. The Overlook of Oak Brook – Preliminary Board Review of an Amendment to a Planned Development for a Stand-Alone ATM in the Parking Lot of The Overlook Development Services Director Von Drasek introduced herself, and briefly spoke about the items up for Preliminary Board Review for Planned Development. She also introduced Neal Berens from Stratus to explain the ATM project at the Overlook Project Property. Neal Berens of Stratus, the construction company that did the work at this location, spoke on behalf of GW Properties. Mr. Berens shared a presentation explaining the walk-up ATM, including permitting, its location, landscaping, camera installation, and addressed questions from the Board. President Lalmalani asked the audience if there was anyone that would like to comment on the matter prior to moving on to Trustee Comments. He also shared resident comments made to him in various ways, expressing concerns with traffic circulation and a lack of landscaping. Resident Robert Saini thanked the Board for the opportunity to speak and expressed his concerns with the standalone walk-up ATM, particularly focusing on the aspect of public safety. Trustee Yusuf reiterated comments made about landscaping and questioned the need for the ATM if the establishments in the area already have them in their space. Trustee Reddy expressed his thoughts and opinions regarding the placement of the ATM, along with public safety concerns. VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING OF JANUARY 24, 2023 Trustee Herman reiterated the fact that the item is a referral to the Planned Development Commission and stressed the significance of addressing the traffic situation at the intersection entering Costco. Trustee Manzo spoke about how fortunate the Village is to be prospering while many developments in other communities were destroyed during COVID. He then expressed his concerns with the public safety surrounding the outdoor walk-up ATM. Trustee Tiesenga compared the presented project to several nearby communities, divulging his disappointment with the low-quality establishments that have been approved as tenants within the strip. He also expressed his concerns with the landscaping surrounding the ATM, calling the project defective as it stands. Motion by Trustee Reddy, seconded by Trustee Manzo to refer the Overlook of Oak Brook – Preliminary Board Review of an Amendment to a Planned Development for a Stand -Alone ATM in the Parking Lot of The Overlook ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Consensus Obtained B. Preliminary Board Review for Planned Development: 2. 2301 York Road – Drake Oak Brook Hotel Planned Development – Preliminary Board Review Trustee Nagle recused himself and exited the room to avoid any conflict of interest. Development Services Director Von Drasek provided a brief overview of the item, explained that a full application has not been received by the Village as of this meeting, and introduced John Simpson of Simpson/Dattilo, LLC, an attorney representing the applicant. She later explained that the FAR stands for "floor area ratio" and that there is a set amount of area that can be covered by the commercial buildings versus the open land, more or less as outlined in the Village of Oak Brook Zoning Ordinance. Attorney Simpson greeted the Board and commended the Development Services Department staff for a very smooth zoning process before proceeding with the presentation. He addressed the planned unit development (PUD), additional steps for notifying the community of upcoming changes, details of the hotel expansion proposal, and the increase in floor area ratio (FAR). He also shared details of plans for the hotel condo concept, improvements to the banquet facility, pool expansion, and the desire to reopen Dover Street access. Furthermore, Mr. Simpson shared a video presentation pointing out high-end, unique resort design concepts that the Village would appreciate having within its boundaries. Later, he addressed the Board's questions and concerns. President Lalmalani asked that the resident comments on the subject be presented and reminded everyone to share comments, opinions, and concerns in a respectful and civilized manner. He later reassured everyone that what has been presented is only the first step in the approval process and that concerns have been heard and will be taken under advisement. Resident Al Knuth expressed fears and concerns on behalf of York Woods residents, which included a proposed curb cut on the northeast corner of York Road and Dover Drive, and property re-zoning for condominiums. Moreover, he focused his thoughts and comments on an agreement between the Village of VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING OF JANUARY 24, 2023 Oak Brook and the Drake dating back to 1979. Mr. Knuth also outlined concerns associated with construction, safety, and property values. Resident Patty Knuth read a letter on behalf of the York Woods Homeowners Association President and Resident Cindy Groh. Within the letter, Ms. Groh divulged her concerns with the Planned Development for the Drake Hotel and the curb cut at the Dover entrance to the York Woods Subdivision. In addition, she urged the Board to consider denying the proposal and outlined her reasons for the denial. Resident Barbara Lang shared her concerns with the proposed Dover Dr. and York Rd. curb cut, pool expansion, and hotel condominium construction, projecting more accidents, a decrease in property values, construction debris, landscaping problems, and privacy and security issues. She also outlined disruptions to the current tranquility caused by increased lights, noise from the additional traffic and entertainment, and burdensome, unavoidable rodent problems. Resident Jonathan Smith spoke in favor of moving forward with the proposed project, subject to final details. He elaborated in detail as to why the proposed project is a favorable one for the Village, incl uding keeping the Village property tax free and the fact that additional first-class accommodations would attract more business, in turn generating more sales tax. Mr. Smith also made a comparison to the neighboring and prospering City of Naperville. DuPage Convention and Visitors Bureau (DCVB), Executive Director, Beth Marchetti, spoke on behalf of all the employees in the hospitality industry. She began by introducing herself and thanking the Board for allowing her to speak. She went on to share a little history between the DCVB and the Drake and the potential positive monetary outcome for the Village, as well as the promotion and sale of the proposed affordable luxury brand by the DCVB. Resident Robert Saini conveyed his thoughts and opinions about the potential negative impact the proposed project would have on the neighboring subdivision, reiterating many of the same concerns shared by previous speakers. He also asked the Board to deny the referral. Resident Ami Shah disclosed her concerns with the presentation, the current safety issues without the additional development, possible overcrowding at schools, increased traffic, and noise levels. She urged the Board to consider the benefits that this project would bring to the Village, as the residents do not share the same vision. Resident Jamie Lock shared her concerns associated with zoning, the increasing crime rate in the Village, the lack of adequate funding allocated to safety and security, license plate readers, and additional public safety resources. Furthermore, she spoke against the temporary jobs created by the proposed resort, the construction debris, and the already existing issue with the intersection of York Road and Dover Drive. She strongly encouraged the Board to review its actions and decisions. Resident Darlene Rizza spoke about the existing dangers surrounding the intersection of York Road and Dover Drive, the issues with the proposed height of the building, property depreciation as a result of the proposed project, and increased waste and rodent problems. Resident David Beard expressed his gratitude for the ability to live in the Village, and asked for more clarity regarding the proposed project, considering the amount of ambiguity surrounding various aspects of the proposal. Moreover, he urged the Board to apply the same due diligence to this project as they have in the past, regardless of the current Board makeup. VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING OF JANUARY 24, 2023 Resident Ashley Stout posed numerous questions regarding the presented proposal, issues with overcrowding in schools, bus routes, school district registrations, and reiterated the dangers associated with the intersection of York Road and Dover Drive. In conclusion, she shared her opinions on the lack of value the project would bring to the Village and reiterated her strong opposition to additional development. Resident Christy Dolan encouraged all the residents to go and speak to the Drake owners to resolve the problems and gain a better understanding of the project. Trustee Tiesenga thanked everyone who came out to speak on the subject and assured residents that their comments and concerns were heard loud and clear. He then shared his fond memories of the Drake hotel after moving to the Village as a young adult, and he reminded everyone that this was only a preliminary review of the project but encouraged the Board to take their time and make a good decision in the future. Trustee Manzo asked for clarification on the building size, parking, and concerns associated with the pool, including noise levels, and addressed misinformation floating around the Village. He also shared his understanding of the Hotel’s history, including the curb-cut provisions, and informed everyone of the next steps in the process. Later, Trustee Manzo made comments regarding the parking structure. Trustee Herman reiterated that there is a process that the Planned Development Commission follows, expressed his appreciation for the resident input, and encouraged everyone to come back and speak at the Planned Development Commission meeting. Trustee Reddy asked for a clarification of the allotted time for public comment and expressed his gratitude towards the community engagement displayed at this meeting. He also spoke of his support for businesses coming to the Village and thriving. In addition, he asked that the Planned Development Commission and the Development Services Department carefully consider all the concerns brought up by residents. Village Attorney Castaldo clarified for Trustee Reddy that the allotted time for each speaker is 3-minutes for resident comments and 1-minute for a non-resident comment, but not to exceed a total of 15 minutes of public speaking. However, under the current circumstances, an exception has been made for this meeting. Trustee Yusuf shared his contentment with the Drake being a reopened and thriving business. Next, he supported all the residents in voicing their concerns, reminded everyone that the presentation was only the 1st and very preliminary step of the process, and stated that both businesses and residents have equal rights. Therefore, denying the proposed referral would be a denial of due process and going against the Board’s precedent. Lastly, he thanked everyone for coming out and spoke in approval of moving forward with the proper procedural steps. Motion by Trustee Reddy, seconded by Trustee Herman to refer the 2301 York Road – Drake Oak Brook Hotel Planned Development – Preliminary Board Review ROLL CALL VOTE: Ayes: 5 – Trustees Herman, Manzo, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 1 - Trustee Nagle Consensus Obtained 4. PUBLIC COMMENT ON AGENDA ITEMS VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING OF JANUARY 24, 2023 None 5. APPROVAL OF MINUTES A. Regular Board of Trustees Meeting of January 10, 2023 Motion by Trustee Reddy, seconded by Trustee Herman to approve the Minutes of the Regular Board of Trustees Meeting of January 10, 2023. VOICE VOTE: Motion carried. 5. APPROVAL OF MINUTES B. Special Executive Meeting Minutes of December 13, 2022 Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the Minutes of Special Executive Meeting Minutes of December 13, 2022. 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: January 19, 2023 - $864,672.47 Significant Items Included in Above: 1. LEGAL SERVICES: a) Clark, Baird, Smith, LLP. – December 2022 – $2,555.00 (FY22 YTD - $90,509.00) b) Lamp Law, LLC. - Legal Services – December 2022 - $3,333.33 (FY22 YTD - $39,999.96) c) Ottosen, Dinolfo, Hasenbalg & Castaldo – November & December 2022 - $35,716.57 (FY22 YTD - $238,128.03) TOTAL LEGAL BUDGET FOR 2022 IS $266,800.00 TOTAL LEGAL BILLS PAID FOR 2022 - YTD - $405,610.54 2. Axon Enterprise Inc. – Inv.# INUS127070 – PD Equipment - $22,161.21 3. Current Technologies Corp. – Inv.#13119 - IT Hardware Upgrade - $43,725.78 4. DU-COMM – Inv.#18417 – Quarterly Shares February 1, 2023 – April 30, 2023 - $121,421.00 5. BCBS HMO – Health Care Services – January 2023 - $79,096.09 6. DuPage Water Commission – December 2022 - $310,359.70 7. DCVB-Co-Op Advertising – Quarterly Dues – October 2022 – December 2022 - Inv.#131665-4 - $34,217.06 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2022 - $87,500 TOTAL PAID FOR 2022 - $124,641.49 B. Approval of Payroll Paydate: January 12, 2023 - $785,301.98 C. Village of Oak Brook – Monthly Financial Reports December 2022 D. Ordinances & Resolutions 1. ORDINANCE G-1227, An Ordinance Amending Title 13 (Zoning Regulations) of the Village of Oak Brook Code of Ordinances as it Relates to Accessory Uses and Structures Regulations E. Development Services Referral 1. 1600 16th Street – Sign Variations for Wall Signs VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF JANUARY 24, 2023 F. Authorization to Seek Bids: 1.Golf Course Cart Fleet Replacement 2.Golf Course Commodities Motion by Trustee Manzo, seconded by Trustee Yusuf to approve the Consent Agenda, and authorize the expenditures as presented. ROLL CALL VOTE: Ayes: 5 – Trustees Herman, Manzo, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 1 - Trustee Nagle Motion carried 7.ITEMS REMOVED FROM THE CONSENT AGENDA None 8.ACTIVE BUSINESS A.Confirmation of Appointments 1.Appointment of Baker Nimry to Planned Development Commission Motion by Trustee Herman, seconded by Trustee Nagle that the Village Board approve President Lalmalani’s Appointment of Baker Nimry to Planned Development Commission ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 1.RESOLUTION R-2054, A Resolution Approving and Authorizing the Award of Contract for HVAC Building Automation System Services to Trane U.S., Inc. Trustee Tiesenga briefly explained the Resolution and made the appropriate motion. Trustee Herman asked about the automatic renewal provision in the contract and if there is a process in place to help avoid unintended consequences. Public Works Director Valent explained that the Purchasing Assistant has a system set up that keeps track of the contracts regardless of the provisions set within them. Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve RESOLUTION R-2054, A Resolution Approving and Authorizing the Award of Contract for HVAC Building Automation System Services to Trane U.S., Inc. ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING OF JANUARY 24, 2023 Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 2. RESOLUTION R-2067, A Resolution Approving and Authorizing the Award of Contract for State Bid Bulk Deicer Salt to Cargill, Inc. Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve RESOLUTION R-2067, A Resolution Approving and Authorizing the Award of Contract for State Bid Bulk Deicer Salt to Cargill, Inc. ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 3. RESOLUTION R-2068, A Resolution Approving an Amendment to the Intergovernmental Agreement Between the Village of Oak Brook, Illinois and the Illinois Department of Transportation for State Maintained Traffic Signals Trustee Tiesenga made the appropriate motion and pointed out that the presented Amendment is simply a correction to the oversight of appropriate financial responsibility by IDOT for the stoplight located at the intersection of 22nd and MacArthur Dr. Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve RESOLUTION R-2068, A Resolution Approving an Amendment to the Intergovernmental Agreement Between the Village of Oak Brook, Illinois and the Illinois Department of Transportation for State Maintained Traffic Signals ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 4. ORDINANCE G-1228, An Ordinance Amending Title 6 (Police Regulations) Chapter 2 (Animal Control) of the Village of Oak Brook Code of Ordinances Trustee Reddy explained the reasons why the item is on the Agenda, including the number of complaints coming in on a regular basis, and made an appropriate motion. Trustee Yusuf asked Police Chief Strockis about the number of complaints received on a regular basis and asked about the unsanitary conditions mentioned in the presented Ordinance. He expressed his thoughts and opinions on the subject, while further explaining that as the Ordinance is written, it seems that it will be used in the most egregious cases and not for local feeding in small proportions. VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING OF JANUARY 24, 2023 Police Chief Strockis explained that the complaints may not be coming in necessarily on regular basis. However, a number of them do come in, and one of the concerns is contamination of waterways in certain areas. He also explained that many of the Ordinances are used as an educational tool by the officers, who lean towards compliance rather than enforcement in many of the situations. Trustee Manzo asked Village Manager Summers for a clarification regarding the wild animal feeding, including the large amounts of food left out vs. bird feeders or occasional pieces of bread. Village Manager Summers explained that the memo refers to large amounts of food and would not necessarily apply to bird feeders or the spilled food underneath them. He reiterated comments made by Police Chief Strockis and elaborated on the main goal, which is compliance. Motion by Trustee Reddy, seconded by Trustee Nagle to approve ORDINANCE G-1228, An Ordinance Amending Title 6 (Police Regulations) Chapter 2 (Animal Control) of the Village of Oak Brook Code of Ordinances ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried B. Ordinances & Resolutions 5. ORDINANCE G-1229, An Ordinance Repealing Title 4 Chapter 2 of the Village of Oak Brook Code of Ordinances Trustee Herman made the motion and briefly explained the Ordinance, its purpose, and the reason why it is no longer applicable to the Village as it stands. Motion by Trustee Herman, seconded by Trustee Manzo to approve ORDINANCE G-1229, An Ordinance Repealing Title 4 Chapter 2 of the Village of Oak Brook Code of Ordinances ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried 9. PUBLIC COMMENT ON NON-AGENDA ITEMS None 10. BOARD UPDATES Trustee Tiesenga spoke about crime rates, the Ordinance that was passed, the signs prohibiting people from walking around in the active roadways, and encouraged everyone to call 911 if they saw this hazardous behavior. Trustee Yusuf encouraged everyone to be careful during the upcoming cold weather. Trustee Nagle spoke about the honor of charring the Committee that was responsible for hiring a fourth- generation Fire Chief and spoke about the benefits of promoting within the organization. VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING OF JANUARY 24, 2023 Trustee Reddy wished everyone celebrating the Chinese New Year a Happy New Year and urged everyone to stay warm during the upcoming cold days, wear masks, and report anything suspicious to 911. He also commended the Police Department for doing an amazing job combating crime in the Village. Trustee Manzo asked whether the curb-cut item on the draft Agenda was published. He then addressed resident comments, including those about public safety, LPR cameras, fund reallocation dedicated to public safety, the reinstatement of the K-9 Unit, and praised the Police Department for its outstanding work in combating crime. He reiterated comments made by Trustee Reddy. Village Manager Summers explained that the draft Agenda with the standalone curb-cut item was never published and that it was determined that the curb-cut would be covered in conjunction with the Drake PUD referral as presented earlier. 11.ADJOURNMENT Motion by Trustee Reddy, seconded by Trustee Nagle to adjourn the Regular Meeting of the Board of Trustees at 9:31 p.m. VOICE VOTE: Motion carried. ATTEST: _________________________________________ Charlotte K. Pruss Village Clerk /s/ Charlotte K. Pruss