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Minutes - 02/28/2023 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 MINUTES OF THE FEBRUARY 28, 2023 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 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 7:01 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, Head Golf Professional Jeff Kawucha and Village Attorney Sam Tornatore 3. PRESIDENT’S OPENING COMMENTS President Lalmalani began his opening comments by acknowledging the recent tragic loss of a Westmont Public Works employee during a repair of a water main break. He then asked everyone to keep all involved in their thoughts and prayers. Next, he mentioned upcoming Daylight Savings Time, early voting and encouraged everyone to visit the Village website for additional information. After that, President Lalmalani thanked the organizers and Homeowners Association Presidents for hosting the Candidate Forum and informed all that the recording of the same is available on the Village website. Lastly, he announced the recently received awards by the Public Works Department from the American Council of Engineering Companies of Illinois and the Merit Award from the American Public Works Association for the completed North York Road/Harger Road Underpass and Intersection Improvement Project. Village Manager Summers added that the award mentioned by President Lalmalani is a second one for this project and expressed his contentment and excitement for the recognition. 4. PUBLIC COMMENT ON AGENDA ITEMS None 5. APPROVAL OF MINUTES A. Regular Board of Trustees Meeting of February 14, 2023 Motion by Trustee Manzo, seconded by Trustee Yusuf to approve the Minutes of the Regular Board of Trustees Meeting of February 14, 2023. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 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: February 23, 2023 - $785,842.93 Significant Items Included in Above: 1. LEGAL SERVICES: a) Clark, Baird, Smith, LLP. – January 2023 – $1,934.50 (FY23 YTD - $1,934.50) b) Marquardt & Belmonte, P.C. – January 2023 - $552.50 (FY23 YTD - $552.50 ) c) Ottosen, Dinolfo Hasenbalg & Castaldo – January 2023 - $18,090.48 (FY23 YTD - $18,090.48) TOTAL LEGAL BUDGET FOR 2023 IS $616,500.00 TOTAL LEGAL BILLS PAID FOR 2023 - YTD - $20,577.48 2. Concentric Integration – Supervisory Control and Data Acquisition (SCADA) – 2022 Cyber Incident Resolution - Inv.#0243277 - $38,498.86 3. Ray O’Herron – Oak Brook Police Department Equipment – Inv.#2247018 - $30,691.00 4. BCBSIL – Health Care Services – March 2023 - $209,809.41 5. 1311, LLC - TIF Note Interest & Principal - $67,360.00 6. St. Paul Fire and Marine Insurance Company - $168,395.00 7. Mary Riordan - TIF Note Interest & Principal - $67,360.00 B. Approval of Payroll Paydate: February 23, 2023 - $798,968.47 C. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1. Janitorial Services 2. HVAC Maintenance and Repair Services 3. Bath & Tennis Clubhouse Facility Leasing D. Village of Oak Brook – Monthly Financial Reports January 2023 Motion by Trustee Nagle, seconded by Trustee Yusuf to approve the Consent Agenda and authorize the expenditures as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA None VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 8. BOARDS & COMMISSION RECOMMENDATIONS A. 1600 16th Street – Sign Variation to Permit a Wall Sign greater than 5% Trustee Yusuf provided a brief summary of the item and made the motion. He later pointed out the permitted size under the current Village Code and concurred with Trustee Herman’s comments. President Lalmalani asked what the actual percentage exceeding the square footage of the sign varied from the Village Ordinance. Development Services Director Von Drasek stated that the applicant is present in the audience to address any questions. She also elaborated on the size and the applicable percentage of the sign variance. She later addressed Trustee Tiesenga’s inquiry, summarizing the objections made by the two Zoning Board of Appeals Commissioners. Trustee Herman stated that he was in attendance at the Zoning Board of Appeals meeting where the item was discussed and divulged his thoughts and opinions on the matter. He further mentioned a few variation standards that, in his opinion, support the variation request along with the purpose of the variation. Trustee Tiesenga asked Development Services Director Von Drasek to summarize the reasons why two of the Board members were against the variation at the Zoning Board of Appeals meeting. DuPage County Commissioner and former Mayor of Elmhurst, Peter DiCianni, representing the applicant, United Real Estate, Rick Williams, made arguments as to why the requested variation should be granted, addressing the business’s location, signage in the adjacent stores within the mall, Village Code compliance, and stressing the lack of neighbor complaints. Trustee Nagle also shared his thoughts and opinions on the matter. Motion by Trustee Yusuf, seconded by Trustee Manzo that the Village Board concur with the recommendation from the Zoning Board of Appeals approving the requested sign variation to the Zoning Regulations to permit and allow one (1) wall sign of approximately 50.67 square foot on the east building façade for United Real Estate located at 1600 16th Street subject to the following: 1. The design and placement of the proposed sign shall be in substantial conformance with the plans as submitted and approved. 2. 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 3. Authorize the Village Attorney to prepare the necessary ordinance granting the requested sign variation for approval and adoption at a future Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried 9. ACTIVE BUSINESS A. Confirmation of Appointments VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 1. Re-appointment of General Managers, Carlos Moctezuma, The Drake Oak Brook, Dick Turner, LeMeridien, Nicole Patterson, Hyatt House Hotel, Adam Henrickson, Hyatt Lodge, Cynthia Ivey, Residents Inn, Director of Sales Tiffany Moland, Doubletree, Tim Geiges, Oakbrook Center, David Carlin, Oak Brook Chamber of Commerce and residents Tariq Junejo and Iftikharul Abbasy to the Hotel Convention and Visitors Committee Motion by Trustee Yusuf , seconded by Trustee Manzo that the Village Board approve Re- appointment of General Managers, Carlos Moctezuma, The Drake Oak Brook, Dick Turner, LeMeridien, Nicole Patterson, Hyatt House Hotel, Adam Henrickson, Hyatt Lodge, Cynthia Ivey, Residents Inn, Director of Sales Tiffany Moland, Doubletree, Tim Geiges, Oakbrook Center, David Carlin, Oak Brook Chamber of Commerce and residents Tariq Junejo and Iftikharul Abbasy to the Hotel Convention and Visitors Committee ROLL CALL VOTE: Ayes: 5 – Trustees Herman, Manzo, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 1 - Trustee Nagle Absent: 0 - None Motion carried A. Confirmation of Appointments 2. Appointment of Vijay Muralidaran to the Board of Trustees of the Police Pension Fund President Lalmalani asked that Trustee Reddy say a few words about his acquaintance with Vijay Muralidaran. Trustee Reddy spoke highly of the appointee, stating that he is a good community leader, sincere, a hard worker, and well educated. He also disclosed how the two met. Motion by Trustee Nagle, seconded by Trustee Manzo that the Village Board approve Appointment of Vijay Muralidaran to the Board of Trustees of the Police Pension Fund 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-2069, A Resolution Authorizing the Purchase of Golf Commodities for the Oak Brook Golf Course Motion by Trustee Manzo, seconded by Trustee Herman to approve RESOLUTION R-2069, A Resolution Authorizing the Purchase of Golf Commodities for the Oak Brook Golf Course ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 B. Ordinances & Resolutions 2. RESOLUTION R-2072, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Civiltech Engineering, Inc. Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve RESOLUTION R-2072, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Civiltech Engineering, 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-2073, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and EZA Engineering PLLC Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve RESOLUTION R-2073, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and EZA Engineering PLLC 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. RESOLUTION R-2074, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Award a Contract to Merfeld, Inc., for the Golf Clubhouse Bathrooms/Locker Rooms Remodeling Project – Phase I Trustee Herman shared a brief overview of the item’s history, asked questions, and made the motion. Golf Club Manager/Superintendent Sean Creed addressed Trustee Herman’s questions about the phases of the renovation. He also addressed Trustee Manzo’s inquiry about the locker usage. Trustee Manzo and President Lalmalani asked about locker use. Head Golf Professional Kawucha explained that the bathrooms and locker rooms are in desperate need of renovations, and patrons do not use them due to the current conditions. He also addressed Trustee Yusuf’s inquiry about ADA (Americans with Disabilities Act) standard compliance. Trustee Yusuf asked if the current washrooms are in compliance with the ADA standard and if the remodeled ones will also meet the same requirements. Motion by Trustee Herman, seconded by Manzo to approve RESOLUTION R-2074, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Award a Contract to Merfeld, Inc., for the Golf Clubhouse Bathrooms/Locker Rooms Remodeling Project – Phase I ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: 0 - None Abstain: 0 - None Absent: 0 - None Motion carried C. Discussion – Multiple Requests for New Liquor License Classifications President Lalmalani asked Village Manager Summers to begin the discussion on the various requests for liquor licenses that require further consideration and possibly the establishment of a new liquor license classification. After the introduction from Village Manager Summers, he asked about any public comments on the subject. He later asked about the processes for ensuring there is no underage drinking and the past sales data of the stores with the enhanced shopping experience. Village Manager Summers explained that there are a lot of moving parts with this particular request, as it may include the need for a new Liquor License Classification. He went on to elaborate that there are currently twenty Liquor License Classes, of which three are centered around the Oakbrook Center. After that, Village Manager Summers explained that the requests coming through are ones that involve department stores and asked for the Board’s direction while keeping in mind the Liquor Service Control. Discussion ensued. He later asked Senior General Manager of Oakbrook Center Tim Geiges for a clarification on the Liquor Service boundaries outlined in the proposed documentation. Senior General Manager of Oakbrook Center Tim Geiges explained that in the past, Oakbrook Center would go through the process of obtaining a special event liquor license to provide alcoholic beverages during special events and shared his thoughts, ideas, and opinions on the expansion of such license. He also addressed Village Manager’s question regarding the Liquor Service boundaries, along with all other questions and concerns from the Board. Trustee Nagle asked about Mr. Geiges’s position on the use of marijuana on the Oakbrook Center’s premises. Attorney for Neiman Marcus, Chicago Jim Webster introduced himself, thanked the Board for the opportunity to speak, and commended the Board for embracing the changes. He then went on to speak about the sought-after shopping experience, which includes liquor while shopping within their stores. Lastly, he addressed all questions and concerns from the Board. Trustee Tiesenga asked if the enhanced experience results in higher sales and divulged his thoughts and opinions on the notion of the enhanced shopping experience. Trustee Herman asked for clarification on how the store ensures that a customer does not leave the premises with an alcoholic beverage in hand. He also asked Mr. Webster to elaborate on the idea of having a security guard posted at every exit of the store. Danielle Cassel of Vedder Price, representing Brookfield Properties, Immersive Gamebox, and CD Peacock, introduced herself and let the Board know that she is present to answer any questions or concerns on behalf of the establishments. She went on to elaborate on the precautionary safety measures that would be taken by each establishment approved for the modified Liquor License. Later, she briefly added the history of CD Peacock while addressing Trustee Manzo’s question. VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 Jeff Wilhelm, CFO at CD Peacock, advised the Board that CD Peacock is in the process of undergoing major renovations. He thanked the Board for their consideration as well as Village Manager Summers for his thorough work on the issue. He also addressed all questions and concerns from the Board. Trustee Manzo asked for clarification on the thought process behind moving the store from the originally proposed restaurant/bar environment to only the bar environment. Trustee Herman confirmed that a CD Peacock drink would be complimentary, as opposed to at Neiman Marcus, where drinks would be sold. Eric Collins from Immersive Gamebox explained the concept of the establishment, proper ID carding, Basset training, and surveillance within the establishment. He also addressed questions from the Board. President Lalmalani asked about the limit of the drinks served. He also asked the Village Attorney if Trustee Nagle is allowed to make a comment on the subject at hand. Village Attorney Tornatore advised that Trustee Nagle is allowed to comment on the subject because the item is not being voted on and this is merely a preliminary discussion of establishing a new Liquor License Classification. Trustee Yusuf expressed his thoughts and opinions on the matter and encouraged staying competitive with other businesses. Trustee Nagle shared his experience with a mall in Italy where alcohol was served. Trustee Reddy expressed his thoughts and opinions on the matter, while encouraging evolution and healthy competition. He also shared his concerns about the possible encouragement of alcoholism in future generations, along with a number of issues that may be associated with that problem alone. Trustee Herman asked Village staff to do more research on the matter and asked for clarification on the Liquor License renewal process. Later, he stated that, generally, he would be in favor of moving forward with the new classification with specific safeguards in place. Village Manager addressed Trustee Herman’s concerns by explaining compliance checks by the Police Department. President Lalmalani asked Village Attorney Tornatore to elaborate and address concerns brought up by the Board and how other communities are proceeding with similar requests. Village Attorney Tornatore explained that many malls are moving forward with the presented idea depending on the type of applicable retail business and the verbiage within the Village Code addressing liquor control. He also outlined the procedures that would apply to the licensees that do not comply with the provisions of the Ordinance, the renewal process, and explained that an Ordinance with specific provisions could be crafted depending on the Village’s needs. Trustee Manzo also divulged his thoughts, and opinions and made suggestions based on his experiences as a business owner while explaining reasons why he is against the proposed new classifications. He further urged the Board to tread lightly when it comes to establishing a new classification because it may take away the decision making power from the Board completely, resulting in undesired consequences. VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 Trustee Tiesenga evaluated all comments made by each member while quoting Winston Churchill and making a comparison to Darwin’s theory of evolution. He also stated that he is not "for" or "against" the new classification at this time and is interested in learning more about the proposal discussed herein. Danielle Cassel of Vedder Price, representing Brookfield Properties, Immersive Gamebox, and CD Peacock, echoed the comments made by the Village Attorney and explained that all three businesses are essentially asking for variances under the provisions of the current Village Code as written. Trustee Manzo added statements regarding the challenges that a possible rejection of a liquor license would pose and spoke in favor of making exceptions to the already established Liquor License Classifications. Village Manager Summers stated that at this time the Board seems to be split down the middle on the subject of creating a new classification; therefore, there is no consensus to move in one particular direction. He also questioned the narrow scope of each classification as they apply to each exception, mentioned the provisions outlined in the proposals made by the businesses, and suggested that staff come up with a very rough draft of a new classification and bring it up to the Board for discussion once again in the near future. 9. PUBLIC COMMENT ON NON-AGENDA ITEMS Resident Mike Macken of Robin Hood Ranch Subdivision spoke against the Graue Mill dam removal and shared historical information about the Graue Mill dam. He also informed everyone that the Army Corps of Engineers appears to be interested in public comments on the subject. 10. BOARD UPDATES Trustee Reddy thanked the HOA Presidents for organizing the Candidate Forum last week. Trustee Herman thanked Resident Macken for coming in and sharing concerns about the Graue Mill Dam and encouraged everyone interested to send comments to the Army Corps of Engineers. Village Manager Summers added to Trustee Herman’s statements by reminding everyone that the Village has voted against the Graue Mill dam removal several times in the past and that President Lalmalani sent objection letters to the Army Corps of Engineers and Soil Water Conservation Districts. He also touched on the desire of the Army Corps of Engineers to skip the step of holding a Public Hearing on the subject. Trustee Manzo thanked the HOA Presidents for hosting the Candidate Forum, spoke about the honor of attending President Lalmalani’s final HOA meeting with him, and the outpouring of support that he received during that meeting. Trustee Tiesenga echoed comments made by Trustee Herman and Village Manager Summers regarding the Graue Mill dam removal project, encouraging everyone to participate in a Public Hearing. He also spoke about the passed Resolutions and recognized the Public Works Department for its assistance with the installation of the non-corporate zone mag meters and its continued support with the implementation of the recent non-corporate water system sale. Trustee Yusuf spoke in agreement with previously made comments regarding the Graue Mill dam removal project, and thanked President Lalmalani for bringing back the Board Updates portion of the meeting. President Lalmalani announced that beginning next meeting he will also implement Department updates. VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF FRBRUARY 28, 2023 11.ADJOURNMENT Motion by Trustee Reddy, seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 8:36 p.m. VOICE VOTE: Motion carried. ATTEST: _________________________________________ Charlotte K. Pruss Village Clerk /s/ Charlotte K. Pruss