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Minutes - 03/21/2023 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 6 SPECIAL MEETING OF MARCH 21, 2023 MINUTES OF THE MARCH 21, 2023 SPECIAL MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 11, 2023 1.CALL TO ORDER The Special 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 6:07 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, A. Suresh Reddy, Edward Tiesenga, Asif Yusuf and President Gopal Lalmalani VIA ZOOM: None ABSENT: Trustee Nagle IN ATTENDANCE: Village Manager Greg Summers, Assistant Village Manager Jessica Spencer, Development Services Director Rebecca Von Drasek and Village Attorney Michael Castaldo Jr. PRESIDENT’S OPENING COMMENTS President Lalmalani apologized for the brief delay in calling the meeting to order and then proceeded to speak about the pledge he made to the Residents regarding the expansion at the Drake Hotel property relating to the access driveway issue. He stated that this meeting is strictly regarding the amended proposal from the Drake Hotel, encompassing the access driveway agreement. He also referred any comments about other parts of the project to the upcoming Planned Development Commission Meeting. After that, President Lalmalani asked Village Manager Summers to provide background information on the matter. He added that today’s meeting is about locking in the proposed solution and hopefully bringing harmony between the Drake Hotel and the York Woods Subdivision Residents. Village Manager Summers explained the timeline of the planned development, beginning with the original application submittal and ending with the revised submittal following the two neighborhood meetings. He also mentioned that aside from the access driveway proposal, the remainder of the elements encapsulating the project will be discussed at the Planned Development Commission meeting on Thursday. Moreover, Village Manager Summers asked Village Attorney Castaldo to speak on the matter of the legal review and the issued opinion. After Village Attorney Castaldo issued his statement, Village Manager Summers clarified that the matter of the Dover Drive Curb Cut is a legislative action subject to review, approval, and amendment by the two parties to the agreement, which in this case is between the Village Board and the owners of the Drake Hotel. Additionally, he stated that the owner of the Drake Hotel has sent in a revised request, eliminating the statement referencing the Dover Drive Curb Cut reopener and replacing it with a reimbursement provision, if and only if, the Village ever unilaterally revokes the York Road turn lane as an entrance. Lastly, he reminded everyone that the Village Attorney, Development Services Director Von Drasek, and himself are available to answer any questions. Village Attorney Castaldo stated that after a thorough legal review of the documents encompassing the access driveway, his office issued a legal opinion to the Board which is contrary to the Drake Hotel’s position relative to the Dover Drive Curb Cut. He elaborated by stating that the documents presented are an amicable resolution to the issue by removing the access on Dover Drive entirely and providing for VILLAGE OF OAK BROOK MINUTES Page 2 of 6 SPECIAL MEETING OF MARCH 21, 2023 access on York Road southbound with a left turn lane. Village Attorney Castaldo further explained that the presented agreement would lock in the decision so that the Dover Drive Curb Cut idea could not be implemented at in the future without Village consent. 3. RESIDENT/VISITOR COMMENT Resident Alfred Knuth spoke regarding the timing of the proposed planned development and its transparency. Shared his thoughts and opinions referencing the letter included in the packet and distributed among residents from the Drake Hotel ownership, questioning the intent and funding stipulation establishing reimbursement should the York Road access be removed in the future. He also covered the plat of survey and the signed agreements dating back to the 1960s. Resident John Groth shared his thoughts and opinions regarding the timeframe of this proposal, the deed, and the condominium development, expressing his strong opposition to the entire project. Resident Cindy Groh read a letter on behalf of Resident Jim Bailey, who could not be present at this meeting. In the letter, Mr. Bailey divulged his discontent with the Board and urged the Board to listen carefully to the Resident concerns. Ms. Groh then publicized her position as the HOA President of York Woods Subdivision and summarized the upcoming speakers fitting within the guidelines allowed. Resident Amy Marr spoke about the neighborhood safety and security, reminded the Board that they are representing the people of Oak Brook and urged the Members to keep that in mind when making comments. Resident Rania Agha brought up her thoughts and opinions surrounding the clarity and transparency of the Board’s decision-making process. Resident Daniel Effrein disclosed his thoughts and opinions regarding dealings and negotiations that took place in the past, voicing his displeasure with those negotiations in comparison to those under way now. Resident Patricia Knuth questioned directions given by the Boards in the past to write up Ordinances in place on the matter of the Dover Curb Cut. Resident Jamie Locke shared her thoughts and opinions on the appropriate disbursement of Village funds. Resident Nicole Vlahos quoted a letter from 2015 written by the Village Attorney at the time informing the Residents of the final decision made by the Village Board to deny the Curb Cut proposal in its entirety referencing the Village Code. Resident Pat Harrity matter-of-factly stated on behalf of the York Woods Subdivision that under no circumstances should the Dover Curb Cut be allowed at any point now or in the future. Resident Debra Effrein explained her opposition to the Dover Curb Cut. Resident Al Savino spoke against the Dover Curb Cut and the proposed reimbursements. He also asked the Village Attorney if there would be public comment during the upcoming Planned Development Commission meeting. Village Attorney Castaldo stated that there will be no public comment in its standard form, as the meeting is a hearing. However, Residents will have the ability to ask questions and cross-examine any witnesses within the allotted three-minute timeframe. VILLAGE OF OAK BROOK MINUTES Page 3 of 6 SPECIAL MEETING OF MARCH 21, 2023 Resident Barbara Lange asked the Board to table the motion for further review. Resident Mario DeBartolo informed everyone that it has been publicly stated that the Planned Development Commission is not in possession of the Village Attorney’s opinion letter mentioned earlier in the meeting. Resident Soula Skokos spoke about peaceful resolution by working in unison with all the parties involved. Resident Ami Shah shared concerns with the proposed left turn lane off of York Woods into the Drake Hotel. Resident Naveen Jain, a former member of the Plan Commission and current member of the Police and Fire Commission, expressed concerns with the integrity of the Village’s process, which in turn affects the integrity of the various Committees. He further shared his thoughts and opinions on the matter at hand, along with the determination process as presented. Resident Mario Vescovi spoke about the Drake Hotel’s history in the Village of Oak Brook. Resident Hank Haff urged the Board to follow the appropriate process of approval to maintain the high quality image and brand for which the Village is known. Resident and former York Woods Community Association President Michael McMahon reiterated previously made statements about the past denial of the Curb Cut proposal. He also questioned the proposed left-hand turn and urged the Board to take all aspects of the situation into consideration. Resident Ashley Stout reiterated many of the previously made comments, along with urging the Board to table the item in question until it goes through all the appropriate channels. President Lalmalani asked the Drake Hotel’s representative to take the opportunity to make comments prior to the Trustee discussion. Mr. John Simpson, the Attorney representing the Drake Hotel, thanked the Board for the opportunity to speak on the matter, stated that many of the questions brought up by Residents are similar to those raised in the neighborhood meeting, and expressed his client’s desire to move forward with the item at Thursday’s Planned Development Commission meeting. He then summarized the two neighborhood meetings and further elaborated on the proposal for reimbursement to the Drake Hotel from the Village should the left hand turn be removed at any point in the future. Moreover, Mr. Simpson addressed several comments made by Residents. President Lalmalani stated that this meeting was called to order because of Trustee initiative and in line with the Village policy, which states that if three or more Trustees ask for an item to be placed on the Agenda, the item is then scheduled for the next available meeting. Village Manager Summers confirmed statements made by President Lalmalani, adding that the three Trustees who brought this item forth also wanted to have this meeting in advance of Thursday's Planned Development Commission meeting to address and hopefully resolve issues presented by the Residents. 4. ACTIVE BUSINESS A. Ordinances & Resolutions VILLAGE OF OAK BROOK MINUTES Page 4 of 6 SPECIAL MEETING OF MARCH 21, 2023 1. ORDINANCE S-1667, An Ordinance Approving and Authorizing the Execution of a Memorandum of Understanding By and Between the Village of Oak Brook and the Drake Oak Brook Resort, LLC President Lalmalani voiced his opinion surrounding the legal aspect of the proposed concession by the Drake Hotel. Trustee Manzo made the motion and shared his thoughts regarding the misinformation presented by many Residents. His opinions regarding President Lalmalani's leadership and intervention on behalf of the York Woods Subdivision Residents, explaining the notion behind the proposed concession He also clarified the misinformation regarding the funding reimbursement of the left-hand turn option. He further elaborated on his ideas and opinions regarding the agreement which he believes avoids litigation and gives the York Woods Residents a guarantee that Dover Drive will not be touched and that the Drake Hotel will drop the issue of the Dover Drive Curb Cut. Instead, the Drake Hotel will proceed with the newly proposed left turn on York Road. He further stated that the matter before them is not one that requires a meeting with the Planned Development Commission as it is not a zoning issue. Trustee Yusuf shared his thoughts and opinions on the matter before him, explaining that the item presented today is very different from the one presented last Tuesday. He further shared his opinion on the notion of the concession, possible litigation, and the proposed left turn lane. He suggested that the matter be handled pursuant to the Plan Development Commission's recommendation and that the Board of Trustees take action on the item at that time. Trustee Reddy spoke about the satisfaction that comes from seeing so many Residents actively involved and participating in Village Government. He also shared opinions regarding the Drake Hotel and its owners. Next, he proceeded to speak about attracting, nurturing, and promoting new businesses. He addressed the concerns presented by the Residents regarding what they perceived as a not-so-transparent Government, and the understandable skepticism surrounding final decision-making within the last two weeks of the local elections. He then moved on to suggest postponement of the vote until such time that the elections are over and the new Board has a chance to get acquainted with the issue and the Planned Development Commission has a chance to do their due diligence and make a recommendation to this Board, thus solidifying their much needed transparency of the process. Trustee Herman addressed the comments brought forth through this meeting, emails, and text messages, letting everyone know that all concerns have been heard. He stated that many comments and discussions heard tonight contained a great deal of misinformation. He shared his observations, thoughts, and opinions addressing protected legal communications under the attorney-client privilege, the perceived lack of transparency, and the Village Attorney analysis, further sharing his opinions regarding some technical arguments. Furthermore, Trustee Herman dispelled misinformed arguments by speaking about the funding reimbursement proposal, the left turn entrance on York Road, the zoning relief requested by the Drake Hotel, including setbacks, but explained that the zoning issue has nothing to do with the Curb Cut. He then addressed the memorandum of understanding, educating everyone on the legal rights when addressing the issue at hand. He also touched on the concerns raised with the left-turn access off of York Road. Trustee Tiesenga shared his thoughts and opinions on the matter before them, further elaborating and discussing the timeline of the presented proposal. He also spoke about the Village Attorney’s legal opinion on the proposed the left-hand turn lane, the lack of an updated traffic study for the left turn lane, while divulging his opinions on the "behind the scenes dealings." He stated that he believes that the Homeowners Association can directly enforce the Curb Cut prohibition, and that the standing dates back to 1961. Finally, he suggested an option to direct Staff to prepare a revised staff memorandum for the VILLAGE OF OAK BROOK MINUTES Page 5 of 6 SPECIAL MEETING OF MARCH 21, 2023 requirement of a traffic study for the changed exit pathway. With that, and based on all the circumstances outlined within this meeting, Trustee Tiesenga made the motion to table the matter until the Planned Development Commission has completed its review of the revised application and reported its recommendation to the Village Board. Trustee Manzo asked to discuss the motion to table the item as presented by Trustee Tiesenga. President Lalmalani directed the question regarding discussing the tabled item to the Village Attorney for his opinion. Village Attorney Castaldo stated that the substance of the tabled motion cannot be discussed. However, motion by itself can be discussed as it has been allowed in the past. Trustee Yusuf spoke in support of tabling the motion. Overlapping discussion ensued. Motion by Trustee Tiesenga, seconded by Trustee Yusuf to Table ORDINANCE S-1667, An Ordinance Approving and Authorizing the Execution of a Memorandum of Understanding By and Between the Village of Oak Brook and the Drake Oak Brook Resort, LLC ROLL CALL VOTE: Ayes: 3 – Trustees Reddy, Tiesenga, and Yusuf Nays: 2 - Trustees Herman, and Manzo Abstain: 0 - None Absent: 1 - Trustee Nagle Motion carried President Lalmalani called for Trustee updates. Trustee Herman voiced his strong opposition to his integrity being challenged based on the presented issue alone. Trustee Manzo shared his thoughts by explaining that political reasons made it difficult for York Woods Residents to move forward and find common ground, allowing for a resolution to the contentious issue of the Dover Curb Cut. He then addressed the concerns with various Board members being in possession of and reading confidential documents and the intimidation and yelling that came from many York Woods Residents. Trustee Tiesenga clarified his standing by addressing the March 14th, 2023 meeting. He also clarified and dispelled the accusations that called for a meeting to "lock in a deal" with the ownership of the Drake Hotel. Trustee Yusuf spoke in support of going through the process of having the Dover Drive access evaluated by the Planned Development Commission. He further stated that the same process should apply to every proposal. Additionally, he shared his understanding of what has been proposed, and presented by the Drake Hotel to the Village, communicating his contentment with the Drake Hotel's ownership for bringing the Hotel back to its former glory, in turn positively impacting the Village in various ways. Trustee Reddy thanked everyone that came to the meeting despite their busy schedules and stated that he is looking forward to a resident-driven government where the orders come from the residents. He then stated that the board needs to be extremely cognizant of the fact that businesses are driving the sales tax VILLAGE OF OAK BROOK MINUTES Page 6 of 6 SPECIAL MEETING OF MARCH 21, 2023 and that the Board needs to remain pro-business for the future. Lastly, he also spoke in support of tabling the item as it felt rushed right before the elections. 11.ADJOURNMENT Motion by Trustee Manzo, seconded by Trustee Yusuf to adjourn the Special Meeting of the Board of Trustees at 7:49 p.m. VOICE VOTE: Motion carried. ATTEST: _________________________________________ Charlotte K. Pruss Village Clerk /s/ Charlotte K. Pruss