7/30/2019 201305131457

1/26

OFFICE OF THE MAYORDAVE HEILMANN

MAYOR

May 13,2013

MEMORANDUMTo: Village Attorney Paul O'GradyFrom: Mayor Dave Heilmann

9446 South Raymond AvenueOak Lawn, Illinois 60453(708) 636-4400 Fax (708) 636-8606dheilmann@oaklawn-il.gov

I am writing this memorandum to the Village Attorneys, with a request for dissemination to thenew Village Board, pursuant to my responsibilities to investigate complaints against officers ofthe Village under Title 1, Chapter 5-4 ofthe Village of Oak Lawn Code.We have a serious issue regarding possible racial discrimination by Village Manager LarryDeetjen that I was given notice of late last week.As you know, it is the responsibility of the Village President to inquire into all reasonablecomplaints made against officers of the Village and report to the Board on this. I have notconducted a full investigation into this but the information I have received and reviewed raises anumber of questions and is not good for the Village. There may well have been racialdiscrimination involved in the attempt by Jen Care Medical Centers to locate at the House ofBrides property in Oak Lawn. I am requesting that this be fully investigated, possibly by anindependent outside investigator.As you know Jen Care Neighborhood Medical Centers is on the Village Board agenda forTuesday May 14, 2013 with respect to locating at the former Men's Warehouse site at 6160 W95th Street.I have been advised by representatives of the House ofBrides and Jen Care that this is not whereJen Care wanted to locate in Oak Lawn. They were negotiating for approximately 3 months tolocate Jen Care at the House ofBrides location at 5433 W 95th Street. This was Jen Care's firstchoice. I was informed by Jen Care and House ofBrides representatives that significant effortshad been made by both parties to come to an agreement on locating at that House of Brideslocation.

7/30/2019 201305131457

2/26

Village records shows that back in February Jen Care, through its VP Dr. Gordon Chen, advisedthe village manager that the House of Brides location is where they wanted to locate. The villagemanager said that he would not recommend this.Email exchanges and minutes ofP and DC meetings indicate that Larry Deetjen stronglyopposed Jen Care going into that House of Brides location.Jen Care first came before the Planning and Development Commission April1, 2013. Thepetition was continued to the following meeting. The April 1 meeting minutes indicate that Mr.Deetjen expressed "deep concerns" for that location. He also stated that a 57% parking varianceis significant. However, the Men's Warehouse site they are going to, which the managerrecommended, required an 87% parking variation.I was informed that after that April 1 meeting representatives of Jen Care made comments thatthey felt that "someone in the village" was against their petition but they did not know what theissues could be. They advised a Planning and Development Commission member that they weregetting resistance from Larry Deetj en for a while and felt they were being steered to the propertyat 6101 West 95th Street, the former Men's Warehouse.These individuals expressed that the House of Brides location was their first choice and felt thatif the manager was trying to push them to one place over another the village would make thepermit and building process difficult if they persisted contrary to those desires.I read the minutes of the April15, 2013 P&DC meeting where the petitions failed. I was advisedthat there was tension regarding this issue and certain Planning and Development commissionersquestioned the conduct of the manager with respect to this petition.I was informed by a representative of the House ofBrides that they were upset that VillageManager Deetjen was interfering. That representative stated that their attorney said that he hadnever seen anything like this in all of his years of practice. I was informed that that their agentCB Ellis was shocked at the manager's conduct and said that no suburb acts like this.I was informed that Larry Deetjen told representatives of Jen Care that "they will not get 4 voteson the new board" to locate at the House ofBrides location.Jen Care had previously advised Mr. Deetjen ofreasons why they didn't want to go the Men'sWarehouse site. It would cost them another $700,000. They needed a greater parking variancethan at the House ofBrides site. They would have to knock down part of the building to addparking spaces.They were apparently told by Mr. Deetjen to get a license from Oak Lawn H.S. to lease 30parking spaces from the school and this would allow the variance to pass. Oak Lawn H.S isnearly two blocks away and across 95th Street. I have never heard of anything like that. Sincethey were told by Mr. Deetjen that the new Village Board was not going to approve of Jen Careat the House of Brides site, they relented and now are going to the Men's Warehouse site. Ibelieve they already have an agreement with Oak Lawn High School for the additional parking,which happened rather quickly.

7/30/2019 201305131457

3/26

What the Village Board and counsel should consider is that there were three independent groups- P and DC members, Jen Care reps, and House ofBrides reps- all asking the same question:"Why was Larry Deetjen so opposed to Jen Care going to that House ofBrides site?"I started asking some questions about this to the Village Manager last week. On Thursday I wasinformed that several weeks ago Larry Deetjen said to village employee Chad Weiler, thebusiness development director, that he did not want Jen Care going into that House ofBrideslocation because "he does not want that type of clientele" near the center of town.There was an unusual set of events that took place Thursday. Mr. Deetjen brought Mr. Weilerinto his office and began talking about a meeting that Mr. Deetjen and Mr. Weiler had with theowner (or husband of owner) of House of Brides a week or so ago. Mr. Deetj en askedMr. Weiler if he had felt threatened by the conduct of the House ofBrides owner in that meeting.Apparently at that meeting, the man from the House ofBrides was very upset with Larry Deetjenfor interfering in the business relationship between Jen Care and the House ofBrides, causingHouse ofBrides to lose the deal. Mr. Weiler said that he did not feel threatened but that theowner ofHouse ofBrides was very angry at Mr. Deetjen.Hours after that meeting between Mr. Weiler and Mr. Deetjen Thursday, Oak Lawn Policedetective, Tom Cronin, was sent to interview Mr. Weiler, presumably by Larry Deetjen. Det.Cronin went to Mr. Weiler's office with a notepad to ask questions about that meeting with theowner of the House ofBrides. Mr. Weiler was upset that the manager had sent an Oak Lawnpolice officer to ask him questions without being told what this was about and he called me to letme know. Mr. Weiler was asked about whether he felt threatened by the owner of the House ofBrides, and he responded that he did not. He also informed Detective Cronin that Larry Deetjenopposed the Jen Care facility going to the House ofBrides location because he did not want that"type of clientele" near the center of town.Mr. Weiler informed me that he was concerned about the village being sued for racialdiscrimination by Jen Care because of the comments by Mr. Deetjen. Mr. Weiler told meprivately that he felt the manager's comments were racial and that it was wrong.I hope people think about those words. Isn't saying that we don't want a type of person "near thecenter of town" and to find a place for them down the street like saying "move them to the backofthe bus?"There are many questions. The first of course is whether these comments were made by thevillage manager to Chad Weiler. We all know that the manager was accused ofmaking racialremarks at his last job in Florida, so there may be a history.The second is why was Larry Deetjen so adamant in opposing Jen Care from going to the HouseofBrides location? What reason would there would be for a village manager to be tellingplanning and development commission members what a business should or should not do whenthat is supposed to be an independent body appointed by the board exercising their ownjudgment?

7/30/2019 201305131457

4/26

A third issue is whether the village manager contacted any members of the planning anddevelopment commission prior to the April 15, 2013 meeting and requested them to vote againstthe Jen Care petition to move into the House ofBrides location. If the manager was opposing thisfor racial reasons and used his authority to influence P and DC members, that is another seriousISSUe.

A fourth issue may be the relationship ofthe manager with the Men's Warehouse and the agentsrepresenting that company. There is history of the village manager interfering in a differentbusiness relationship, specifically that with Little Company ofMary and Bally's. A few yearsago I received a call from the President ofLCOM complaining about the conduct ofMr. Deetjen.LCOM was the owner of a building Bally's was leasing near 95th and Oak Park. Bally's needed alease extension but LCOM wanted to get its construction started on the new urgent care center.The manager called a representative of the hospital and asked them to allow for the extension forBally's. The President ofLCOM told me that the manager became very angry and yelled at theLCOM representative "to remember that all permits go through him" and then hung up on them.The brokerage/real estate co. involved with Bally's in that deal is the same one for the Men'sWarehouse. It may be nothing more than a coincidence, but we have two instances whereprivate businesses are complaining of interference by the village manager in their privatetransactions and both times the same real estate agent was involved.I believe that the manager should also be investigated for using the village staff and specificallythe police department for this claim of being threatened physically. If he had called the policethe day ofhis meeting with the House ofBrides representative it might make more sense. But hedidn't. It was only after I started asking questions that the manager and then brought Mr. Weilerinto his office over one week after that meeting and then got the police involved. If the manageris attempting to somehow cover his past conduct and use a police report to do it that would beanother serious issue. Once again, there is some history on this. In Florida the manager wassuspended for insubordination when he ordered the police department remove a public officialfrom his office.I am concerned on many levels ofwhat has taken place. When I hear that two businesses wereboth questioning interference by the village manager and asking why he is trying to push abusiness from one location to another, it immediately raises red flags. When I am then told by avillage employee of his concerns that a business may have been racially discriminated againstdue to comments by the village manager, coupled with the manager's direct involvement inopposing the petition of Jen Care to go into the House ofBrides location, we may have a farmore serious situation. The email records, information I have received from those involved,minutes, comments from staff, representations by the manager that a new board won't allow JenCare at the site they desire, the history of conduct of our manager, his act of sending Oak LawnPolice to the office of an employee, and this very strange parking arrangement warrant athorough investigation.Please share this with the new Village Board.

Dave Heilmann

7/30/2019 201305131457

5/26

Additional Note:On Tuesday May 7, 2013, I asked Tom Swaw to retrieve email records and place these on a diskfor me as he had done in the past. He agreed to do so. The records requested were all emailcommunications between the Village Manager Larry Deetjen and village attorneys fromNovember 1, 2012 through last week.This morning, May 13, 2013, I was at Village Hall with the intention of reviewing that disk. Itwas not on my desk and so I called Tom. He informed me that he was instructed by LarryDeetjen, on advice of your office, not to provide me with these records. I asked him to pleasethen send me an email documenting the instructions, but he has not done so and my belief is thatthis is on further direction of the manager.My request was made under Illinois state statutes, which specifically provide that the Mayor atall times may examine and inspect the records of any officer ofthe municipality. Our VillageCode also states (1-9-8) that the Village President may at any time inspect the records of anyofficer. You have also confirmed for me, at a board meeting, that this is an absolute right of themayor under Illinois law.As you know, the mayor has duties to investigate complaints regarding officers of the Village. Imade this request to the IT Director in furtherance of those duties. On your advice he refused todo so which I believe is a violation of Illinois law and the Oak Lawn Village Code. What makesthe issue worse is that the people who were instructing Tom Swaw to not follow Illinois law andour Village ordinances are the individuals whose records I am seeking to examine.I am asking you, as Village Attorney, to advise the Village Manager that under Illinois law Ihave a right to those records and that for him to give the appropriate directive to staff to followthe Village of Oak Lawn Code and laws of the State of Illinois and provide to me the recordsrequested.

Dave Heilmann

7/30/2019 201305131457

6/26

Thomas SwawFrom:Sent:To:Cc:Subject:Attachments:

Gordon L. Chen Wednesday, February 27, 2013 1:57 PMLarry DeetjenJack Gallagher; Daniel Omiecinski; Patrick Connelly; Chad WeilerRE: Jen Care in Oak LawnimageOOl.png

Thanks Larry. Looking forward to hearing from their feedback.From: Larry Deetjen [mailto:ldeetjen@oaklawn-il.gov]Sent: Wednesday, February 27, 2013 2:21 PMTo: Gordon L. ChenCc: Jack Gallagher; Daniel Omlecinski; Patrick Connelly; Chad WellerSubject: RE: Jen Care in Oak Lawn

Gordon, I will report to our Mayor and our Board your position. I cannot recommend it but the Board needs to know thestated factors surrounding the other two sites that were narrowed down to by your team. The Board will be updated thisFriday. Thx, LarrylARRY R . DEETJEN CMVJU..AGf. MANAGER

T IH vru ..c: l n tOAK LAWN

(708) 499-77439441> S. RIIYMON!) AVENllf .0.1\10: l.AWN. ILLINOIS 60-15.1IAC:; IMIU: (70SJ 636!0(U > t : I . T J E . N ~ ' O A I Q . A W N - I L ( ; o vWWW.OA!o:I.A\VNI !.GOV

From: Gordon L. Chen [mallto:gchen@chenmed.com]Sent: Wednesday, February 27, 2013 6:01AMTo: Larry DeetjenSubject: Jen Care in Oak LawnHi Larry,Thank you so much for your time on our behalf.We've had our teams evaluate the properties and narrowed the properties down to 2 options that we initially thoughtwere viable.

The 6101 W 951h Street location is a viable option, however the would require us to lease about 5,400 sq ftmore space then we require. It totals 13,109 sqft and currently, we were planning on 7,733 sqft from the Bridalstore. Also the parking would be an issue as it has dedicated 20 spots.o We have estimated that the costs would be an additional $700,000 over the first 7 year term of thelease. I know that would be over budget. I am checking with our board on this to see if anything can bedone, but am doubtful. The 9815 SW highway our team feels that would need significant amount of construction to revamp thebuilding and we would miss our targets for timeline and budget, and the parking would be a major concern.

136

7/30/2019 201305131457

7/26

For the br idal store, we were looking at, since the outside of the building is in good shape, all that would be required isthe inside which allows us to meet our tight deadline, and realistically open within 4-5 months. The owners of the storehad mentioned to us that they are closing the store regardless of our final decision to go there.Larry, we'd really appreciate your support for continuing in the Bridal store that we had been looking at. We have initialarchitectural plans that had been drawn and a lease that had already been negotiated that is pending signing contingentupon the parking variance. My promise to you is that the location will provide tremendous value to seniors, we will doour best to build a strong relationship with the senior community and the Village of Oak Lawn, and you wil l be blownaway when I take you fo r a tour of the facility. Also, we'd be happy to do any events together including a grand opening,ribbon cutting with you and the Mayor, and I think it would be a tremendous message to the seniors there that theVillage of Oak Lawn is dedicated to senior needs and their interests.Please le t me know your thoughts. I hope you and your family were OK with the recent storm.Warm Regards,GordonGordon L. Chen MDSVP- ChenMedInternal Medicine/Cardiology

WARNING: All e-mails sent to and from this address will be received by the Chen Medical e-mail systemand is subject to archival and review by someone other than the recipient.

The information contained in this transmission may contain privileged and confidential information, includingProtected Health Information protected by federal and state privacy laws and proprietary trade secrets andintellectual property. It is intended only for the use of the intended recipient and shall not be shared with anyoneelse without the sender's express permission. If you are not the intended recipient, you are hereby notified thatany use, review, dissemination, distribution, or duplication of this communication is strictly prohibited. If youare not the intended recipient, please contact the sender immediately by reply to this e-mail and destroy allcopiesofthe original message.

WARNING: All e-mails sent to and from this address will be received by the Chen Medical e-mail systemand is subject to archival and review by someone other than the recipient.

137

7/30/2019 201305131457

8/26

Thomas SwawFrom:Sent:To:Cc:Subject:Attachments:

Larry Deetjen < ldeetjen@oaklawn-il.gov>Friday, February 22, 2013 1:55 PMgchen@chenmed.com; Jess TimmermanChad Weiler; Jack Gallagher; Joseph Tauer; Josh S. JonesFW: economic development/alernative sites for your review/privileged/confidentialimage003.png; image002jpg; Oak Lawn Development Sites.pdf

Gordon and Jess, just some more information to get you started. Chad will elaborate on Monday. The Town Of Lake onSouthwest Highway works in concert with the adjacent '' Chlze property" which is currently vacated after court ordereddemolition and subsequent lien placed on property by Village; the Karas works on an interim 1-2 year basis; the Beattyinvolves the adjacent Permacor property all under contract with an exciting redevelopment plan; the Consolidated Tile hasmore parking than stated;adjacent public parking;and possible further parking to be leased. More to follow Monday. Larry--------------------------------------From: Joseph TauerSent: Friday, February 22, 2013 1:29PMTo: Larry DeetjenCc: Chad Weiler; Josh S. JonesSubject: RE: economic development/alernative sites for your review/privileged/confidentialHi Larry and Josh,Attached is per your request to identify the list of sites below, plus 2 extras. I am unsure about the Beatty property( Iincluded East portion) Please let me know if there are adjustments in this request when possible, thank you.

COMMUNITY DEVElOI'MEN'I' & GROWfJI MANAGE'MfNT

THt VlU.Ari EOfOAK LAWN

From: Larry Deetjen

jOSEPH T. TAUER, GISPGIS COORDlNATOitiPt.A.NNf.ll(708) 499-77119416 S IV.YMONO AVI'Nl.JIOAK L\'I'.'N. IL L I N O I ~ 60453C'flL (630) JOJ.J'}37(TAUI R@>c)AKlAWN-ILGOV\o\'WW.OIIKLAWN-ILGOV

Sent: Thursday, February 21, 2013 7:15 PMTo: 'gchen@chenmed .com'; 'jess.timmerman@jencaremed .com'Cc: Chad Weiler; Josh S. Jones; Joseph TauerSubject: economic development/alernatlve sites for your review/privileged/confidentialGentlemen, it was a pleasure meeting both of you today. I will be updating our Mayor and Board and I appreciate yoursincere offer to at least look at possible alternative sites for you JenCare senior care neighborhood medical center. OurVillage's economic development team is copied and tomorrow we will send you in PDF form data on the followingalternative sites:1. For lease.-.property across from Hawk Ford only seasonly used now for Halloween Express

147

7/30/2019 201305131457

9/26

VILLAGE OF OAK LANWPLANING AND DEVELOPMNENT COMMSSION

Monday, Aprill, 2013Minutes # 2013-5

Ernesto Cercas, 2423 S.W. 25 Terrace, Miami. FLMr. Dose indicated focus of the meeting is the parking, the facility is approved for Zone C-2 and thereis a 33 space parking lot that is being addressed.Mr. Cercas stated he knows the facility very well; he is the architect for all JenCare locations. Theseare first class state of the art facilities and have a commitment to the senior population. The penn t tostart construction should take 2 months to complete. This building is just about 7700 square feet.There are 5 other centers in the Chicagoland area. The operation will have a rotating staff, primarilydoctors and specialty staff. In addition, there is planned to have a private bus for transportation to andfrom the center. Mr. Dose added the peak number of staff in the center would be 15 and patients about15 as well. Mr. Timmerman stated this is a medical center, not an urgent care facility.Mr. Cercas indicated the average parking is half for patients. JenCare is hoping to expand the parkinglot to hold 35 spaces as opposed to the 33 that are there currently. Chainnan Gray asked if they can dobetter than 33. Mr. Cercas said yes. Commissioner Eggert indicated that there may be more spacesavailable in that lot. He also inquired about street parking. Mr. Cercas advised they are just focusing onthe parking lot. Commissioner Piazza asked where the numbers are coming from. Mr. Cercas statedthat most of the employees probably will drive. Commissioner Tebo asked for an explanation of thebus transportation. Mr. Timmerman responded it would be door to door service; expected to be veryvolume of participants in the bus program, SO% of the lot for employees and 50% for patients.Commissioner Piazza asked about the hours of operation. Mr. Timmerman replied Monday thru Friday7:30a.m. to 4:30 p.m. Commissioner Tebo asked where are the other locations near Oak Lawn. Mr.Cercas replied that construction has already begun on 87th and California in Evergreen Park, in the oldWalgreen's building.Commissioner Schrader asked about other locations and the parking they provide. Mr. Cercasexplained each center is different; it ranges from 30 to 200 depending on the location of the center.Commissioner Schrader questioned if the parking lot is trying to be made more efficient, he would liketo see a site plan. Mr. Gallagher asked about the landscaping plans and the requirements to make itnice. Mr. Cercas stated they would add landscaping and repeated the intention of 3 additional parkingspaces. Commissioner Schrader asked if here was a site plan, if none there would be a request for one.Mr. Gallagher asked if there are any far,:ade improvements or landscape improvements planned. Mr.Cercas explained only the interior will be addressed, full demo and remodel to include X-Ray area,exam rooms, waiting room etc. Mr. Timmerman stated that a records center, phannacy, dental andvision care will also be available at the center. Mr. Gallagher asked if the commission was comfortablewith the number of members in attendance and there is a good discussion and what the plan was for thesignage as far as replacing with a monument sign. Mr. Cercas replied they will use the existing sign.Chairman Gray asked if JenCare has looked at many other locations. Mr. Cercas responded they have;they require at least 7500 square feet of space, parking needs and the exposure to the community. Thisis the ideal location for JenCare.Mr. Deetjen expressed deep concerns for the location citing impact, public safety and welfare of thecommunity. Mr. D e e ~ en asked if the property located at 87'11 Street in Oak Lawn was looked at. Mr.Deetjen continued that the exterior of the proposed location is in need of attention, material waspeeling on facility, pylon sign would not be acceptable in today's standards, and added they must dobetter. Chairman Gray asked for additional comments. Mr. Timmennan stated JenCare has looked atother locations; the location on 95th Street west of S.W. Highway where the old Halloween Store waslocated, however that petition is not on the agenda until the next scheduled meeting. Mr. Timmermanstated they have been looking at locations since December of 2012.

Page 3 of 5

7/30/2019 201305131457

10/26

VILLAGE OF OAK LANWPLANING AND DEVELOPMNENT COMMSSION

Monday, Aprill, 2013 .Minutes# 0 1 3 ~ 5

Steven Marcunis, 535 N Michigan Ave, Chicago,ILMr. Marcunis pointed out that this meeting was to approve a parking variance. Mr. MarcWlis expressedJenCare is a national company looking to increase its presence in the Midwest. They have indicatedfinancial security and would be a valuable tenant for Oak Lawn. Mr. Deetjen answered he appreciatescomments made by Mr. Marcunis. However, there has been no dialogue regarding the site plans,landscaping. What does the landlord propose for the improvements? He further expressed that a 57. I%is significant. Mr. Deetjen asked if this is the highest and best use of the property. Mr. Deetjen statedthis is constructive criticism; Oak Lawn is currently working on a 95thStreet Corridor Plan; its intentionis to define the vision for the future for Oak Lawn. He added that more dialogue and informationneeded to obtain a clear answer for this facility. Mr. Marcunis explained this is identical to the parkingvariance scheduled for the next meeting. Mr. Gallagher indicated any recommendations from thismeeting and the following meeting on April15, 2013 will go to the Village Board on April23, 2013.Lynn Bracket, 333 Webster, Elmhurst, ILMs. Broker stated that the she has been marketing the location in question for over 3 years; no interestexcept medical facilities, one fmancial institution and a pawn shop. Mr. Deetjen stated that there is adisconnect. He questioned why brokers do not come into the Village and have a conversation todiscuss possibilities for the property.Mr. Marcunis stated that House of Brides will close by July 2013. This issue today is the variance forthe parking lot, only re-striping of an existing parking lot. He hopes this will not be an impediment tohis client signing a lease.Commissioner Eggert explained that most of the variances given are for new construction. This issuesis a "red hearing", it would be a bonus to obtain additional parking spaces. Commissioner Eggertadded concerns that valuable members of this Commission are not in attendance and they would havevaluable input on this issue. Commissioner Eggert suggested that they postpone and near bothvariances at the meeting on April 15, 2013.Yvette Buziecki asked why the Commission is denying the request. Her business is closing in July andneeds a tenant to rent, mortgage and other bills. Commissioner Eggert answered they are not denyingthe request. Chairman Gray explained there are other issues to be resolved; master plan andneighborhood. Yvette explained she had done all she can; hired a real estate broker to help her.Chairman Gray stated if Mrs. Yvette contacted this Commission or the Village Manager for help theremay have been other businesses that may have been interested in the property. It is not a requirementhowever, the resource are available to anyone in the community. Mr. Deetjen stated he would try toassist Yvette Buziecki. In addition, the Village has a full time employee that handles businessdevelopment, should use this resource along with the Chamber of Commerce. Yvette Buzieckiexplained this is why she hired Ms. Bracket.Patricia Ryan, 9510 West Sbore Drive, Oa k Lawn, ILMrs. Ryan indicated she is a back-yard neighbor to the property for over 20 years. She is concerned ifthe property is vacant there may be kids hanging out and causing problems for the neighbors. Inaddition, she would like to see a business there and not another vacant store. She would have noobjections to JenCare.Commissioner Tebo stated he respects Commissioner Eggert's opinion that there is a need for moreinformation; he does not want to be railroaded into a snap decision. Commissioner Schrader asked Mr.Gallagher if they can vote on the parking variance ifthere is no site plan. Mr. Gallagher explained theywould be voting on "cannot exceed" a variance of the amount in the petition and the site plan wouldhave to agree with what was approved.

Page 4 of 5

7/30/2019 201305131457

11/26

04/12/13 01:46PM COT B a l o ~ r d o s & Mikuzis, LLP ->Oak Lawn P&D commissionPg 2 /3 7086368606

VIA FACSIMILE

BALOURDOS &MIKUZIS, LLPATrORNEYS AT LAW

WWW.BMLAWLI.P',COM

April12, 2013

f>lrect: 312.222.1004Fax: 847.346.1947

m b o l o u r d o s ~ b m l a w l l p . e o m

Planning & Development CommissionVJ I ge of Oak Lawn

Dear Commissioners:

Re: Pet. #201314-Request for a 57.1% ParkingVariation for 5433 W. 95th Street by Jen CareNeighborhood Medical Center as Petitioner

By way of introduction, I am coWlsel for the owner/landlord of the above captioned location.The Petitioner (Jen Care) is a prospective tenant looking to lease the property from my client so we havea vested interest in the outcome of these proceedings. In fact, we have worked alongside Jen Care inexpediting the variance approval process and have made certain inquiries with the Village of Oak Lawn.The pUlJIOSe of this Memorandum is attempting to focus the Board's attention on the underlying issueconcerning Jen Care's petition.At the April I" hearing, I understand the Commissioners present considered Jen Care's petitionand there was a discourse concerning the impaot the variance would have on the surrounding area. TheVillage Manager, Mr. Larry Dcetjen, prcsentl:d argwnents against the petition citing nwncrousobjections which we will not get into now. Suffice it to say. we disagree with those objections.One point of contention we would like to specifically address and that deals with the Village'sComprehensive Plan ("Plan") for the area. We have yet to review this Plan as the document is notavailable on the Village's website. As it currently stands, medical facilities ate a pennitted use and donot require a variance except of course as it pertains to parking, which is the underlying issue before theBoard.Jen Care's Application provides in detail the minimal impact its use would have on parking ortraffic in the aiea as many of its patients are transported to the facility via bus/shuttle service. We do notwisb to argue on behalf of the applicant or further complicate matters for the Board. However, we dowant to emphasis and limit the Board's review to the proposed variance sought and not include ancillarya.rgwnQnts or issues that are not relevant to the issue at hand.We thank you for your time in reviewing this Memorandum and look forward to continuing our

discussion concerning this petition.

535 N. Michigan Avenue Suite :200 Chicoso, IL 60611

7/30/2019 201305131457

12/26

04/12/13 01:46PM CDT Balourdos Mikuzis, LLP -) Oak Lawn P ~ D Commissionpg 3 /3

Planning & Development CommissionAprill2, 2013Page 2

MSB

7/30/2019 201305131457

13/26

DEPARTMENT OF COMMUNI1Y DEVELOPMENTAND GROWfH MANAGEMENT

MEMORANDUM

THE VILLAGE OFDivisions of: Engineering & TransportationPlanning, Building &Zoning

OAK LAWN Property Maintenance, Health & Environmental ServicesTo:From:Date:Subject:

PLANNING & DEVELOPMENT COMMISSIONDONALD E. MCKENNA, BUILDING & ZONING ADMINISTRATORMARCH 22, 2013PET. #2013-14- REQUEST FOR A 57.1% PARKING VARIATION@ 5433 WEST 95TA STREET. JEN CARE NEIGHBORHOOD MEDICALCENTER. PETITIONER

This request is for a 57.1% park ing variation to allow for a medical facility called Jen Care. Buildingfiles indicate there is no parking variation presently on this parcel. A copy of Staff's parkingcalculations, dated March 22, 2013, and an aerial survey showing 33 parking spaces have beenincluded for your review. A plat of survey for this property, dated April 29, 1983, shows the site to be21,336 sq. ft. in area, and the building on this lot to be 7,734 sq. ft. in area.

Section 4-13-4 of the Village ordinance states a medical type use shall provide one parking space foreach 125 square feet of gross building area and an additional space for each employee working inthe building.

DEM/ijCc: Jen Care Neighborhood Medical Center, petitioner

7/30/2019 201305131457

14/26

JenCare Neighborhood Medical Center5433 W. 95th StreetSite = 21,336.43 square feetBuilding Area "" 7,734.65 square feetMedical Use: 1 parking space/125 sfPlus one per employeeAvailable Parking on site = 33 spacesEstimated nwnberofemployees =15

7,734.65 BLDG+ 125 sg ftJ space62+ 1S employees77 Required Parking Spaces33 Available Parking Spaces on site44 Parking Shortage+ 77 Required Parking Spaces57.1 % Parking Variation

March 22, 2013Don McKenna

7/30/2019 201305131457

15/26

r111.VILIAC'if LHOAK LAWN

Village of Oak Lawn9446 South Raymond AvenueOak lawn, IL 604532449Phone#: 708/499-7814FAX#: 7081499-7823PETITION

PLANNING & DEVELOPMENT COMMISSION oRezoning 0Varialion of Zoning (Use) oVariation or Ordlnarce I. 0Other \1 (;\V) Cln 0 ) Or' C-l (\Li fj(

r - - - = - ~ F - ~ ~ R - O ~ f : F - I C ~ E ~ U ~ S - - E ~ O ~ N - . L Y ~ . - ~Petltion#...:1L.L'i i L ~ - feePaid,_,_,_._Mooting Day &Date: - -L ,___

i , " " ' I /,, ' I '

BOARD OF APPEALS 0

DESCRIPTION OF PROPERTYPresentZoning--- - - - - - - - - RequestedZoning----------_Le-ga-1 o_e_sc_n_pt-io_n = = = = = = = = ~ - . : :::::;-,-_- : - ~ - , , - , ,-..,-, )- \ ..,\-..,-, :,;"'"\-._-.=-\: l. :-.,"")-:-_ _ - : ; f . r , , ~ ;-:\+.>:-tlr-::1_-1-_---. 'Common Description of Property (Street Address or Location) b y. 3 3 V\J

7/30/2019 201305131457

16/26

AnnexA

A limited number of existing parking spaces is available and there is currently no opportunity toprovide the required parking spaces. However, we can demonstrate with historical date from 23other medical offices that we manage that the parking provided meets our business model. Weare able to meet our parking needs with fewer parking spaces because our offices provide door todoor transportation to our patients. Our historical date shows that approximately SO% of patientsuse our transportation.

7/30/2019 201305131457

17/26

JenCare Neighborhood Medical Center6101 W. 95th Street

2% parking Variation Granted October 6, 1976Site = 19,136.40 square feetBuilding Area = 11,040 square feetMedical Use: 1 parking space/125 sfPlus one per employeeAvailable Parking on site = 33 spacesEstimated number of employees =1511,040 BLDG

+ 125 sg ft l space89+ 15 employees

104 Required Parking Spaces19 Available Parking Spaces on site85 Parking Shortage

+ 104 R ~ y i r e d Parking S12aces81.7% Parking Variation

April9, 2013Don McKenna

7/30/2019 201305131457

18/26

OFFICE OF THE MAYORDAVE HEILMANNMAYOR

Gordon Chen, M.D.Senior Vice PresidentJen Care Neighborhood Medical Centers1000 Park Centre Boulevard, Suite 136Miami Gardens, FL 33169gchen@chenmed.com

May 10,2013

Re: Village ofOak Lawn Petitions/House ofBrides

Dear Dr. Chen:

9446 South Raymond AvenueOak Lawn, Illinois 60453(708) 6364400 Fax (708) 6368606dheilmann@oaklawn il.gov

I am writing to you regarding the recent petitions of Jen Care Neighborhood MedicalCenters that came before the Planning and Development Commission of the Village of Oak Lawn.Over the past week I have received very troubling information regarding conduct of a villageofficial as it relates to the Jen Care efforts to locate its business at 5433 West 95th Street (House ofBrides location).I have been advised that Jen Care was working privately with the House ofBrides in an

effort to lease that property. It is my understanding that Village Manager Larry Deetjen attendedthe Planning and Development Commission meetings, and opposed Jen Care going into that site. Ihave also been informed that the village manager urged Jen Care to consider an alternate sitefurther west on 95th Street at 6101 West 95th Street.Jen Care first came before the Planning and Development Commission April1, 2013. Thepetition was continued to the following meeting. I was informed that after that April 1 meetingrepresentatives of Jen Care made comments that they felt that "someone in the village" wasagainst their petition but they did not know what the issues could be. They advised a Planning andDevelopment Commission member that they were getting resistance from Larry Deetjen for a

while and felt they were being steered to the property at 6101 West 95th Street, the former Men'sWarehouse. These individuals expressed that the House ofBrides location was their first choiceand felt that if the manager was trying to push them to one place over another the village wouldmake the permit and building process difficult if they persisted contrary to those desires.I read the minutes of the April15, 2013 P&DC meeting where the petitions failed. I wasadvised that there was tension regarding this issue and certain Planning and Development

commissioners had questions as to how this was being handled.

14518751

7/30/2019 201305131457

19/26

Gordon Chen, M.D.May 10,2013Page 2

I asked some questions about this to the Village Manager earlier this week. But what I wastold yesterday made this a very serious matter. I was informed that several weeks ago LarryDeetjen said to village employee Chad Weiler, the business development director, that he did notwant Jen Care going into that House ofBrides location because "he does not want that type ofclientele" near the center of town.

There was an unusual set of events that took place yesterday. The manager broughtMr. Weiler into his office and began talking about a meeting that Mr. Deetjen and Mr. Weiler hadwith the owner ofHouse of Brides a week or so ago. Apparently at that meeting, the owner of theHouse ofBrides was extremely upset with Larry Deetjen for interfering in the businessrelationship between Jen Care and the House of Brides, causing House ofBrides to lose the deal.Yesterday Mr. Deetjen asked Mr. Weiler if he had felt threatened by the conduct of the House ofBrides owner in that meeting. Mr. Weiler said that he did not feel threatened but that the owner ofHouse of Brides was very angry at Mr. Deetjen.

Hours after that meeting between Mr. Weiler and Mr. Deetjen yesterday, Oak Lawn Policedetective, Tom Cronin, went to Mr. Weiler's office and had a notepad to ask questions about thatmeeting with the owner of the House ofBrides. Mr. Weiler was upset that the manager had sentan Oak Lawn police officer to ask him questions without being told what this was about and hecalled me to let me know. Mr. Weiler was asked about whether he felt threatened by the owner ofthe House ofBrides, and he responded that he did not. He also informed Detective Cronin thatLarry Deetjen opposed the Jen Care facility going to the House ofBrides location because he didnot want that "type of clientele" near the center of town.

Mr. Weiler informed me yesterday that he was concerned about the village being sued forracial discrimination by Jen Care because of the comments by Mr. Deetjen. He thought what Mr.Deetjen comment was racial and was wrong.I have now learned that Jen Care has agreed to locate at the Men's Warehouse site. Ilearned today that as a part of this arrangement, Jen Care has to obtain a parking license withOak Lawn High School to use some of their spaces. Oak Lawn High School is across 95th Street

and 1 Yz blocks from the Men's Warehouse location. I have never seen an arrangement like that,and it only makes me question all of this that much more.

I am concerned on many levels of what has taken place. When I hear that two businessesare both questioning interference by the village manager and why he is trying to push a businessfrom one location to another, it immediately raises red flags. When I am then told by a villageemployee of his concerns that a business may have been racially discriminated against due tocomments by the village manager, coupled with the manager's direct involvement in opposing the

14518751

7/30/2019 201305131457

20/26

Gordon Chen, M.D.May 10,2013Page 2

I asked some questions about this to the Village Manager earlier this week. But what I wastold yesterday made this a very serious matter. I was informed that several weeks ago LarryDeetjen said to village employee Chad Weiler, the business development director, that he did notwant Jen Care going into that House of Brides location because "he does not want that type ofclientele" near the center of town.

There was an unusual set of events that took place yesterday. The manager broughtMr. Weiler into his office and began talking about a meeting that Mr. Deetjen and Mr. Weiler hadwith the owner ofHouse ofBrides a week or so ago. Apparently at that meeting, the owner of theHouse of Brides was extremely upset with Larry Deetjen for interfering in the businessrelationship between Jen Care and the House of Brides, causing House of Brides to lose the deal.Yesterday Mr. Deetjen asked Mr. Weiler if he had felt threatened by the conduct of the House ofBrides owner in that meeting. Mr. Weiler said that he did not feel threatened but that the owner ofHouse of Brides was very angry at Mr. Deetjen.

Hours after that meeting between Mr. Weiler and Mr. Deetjen yesterday, Oak Lawn Policedetective, Tom Cronin, went to Mr. Weiler's office and had a notepad to ask questions about thatmeeting with the owner of the House of Brides. Mr. Weiler was upset that the manager had sentan Oak Lawn police officer to ask him questions without being told what this was about and hecalled me to let me know. Mr. Weiler was asked about whether he felt threatened by the owner ofthe House of Brides, and he responded that he did not. He also informed Detective Cronin thatLarry Deetjen opposed the Jen Care facility going to the House of Brides location because he didnot want that "type of clientele" near the center of town.

Mr. Weiler informed me yesterday that he was concerned about the village being sued forracial discrimination by Jen Care because of the comments by Mr. Deetjen.I have now learned that Jen Care has agreed to locate at the Men's Warehouse site. Ilearned today that as a part of this arrangement, Jen Care has to obtain a parking license withOak Lawn High School to use some of their spaces. Oak Lawn High School is across 95th Streetand 1 liz blocks from the Men's Ware house location. I have never seen an arrangement like that,and it only makes me question all of this that much more.I am concerned on many levels ofwhat has taken place. When I hear that two businessesare both questioning interference by the village manager and why he is trying to push a businessfrom one location to another, it immediately raises red flags. When I am then told by a village

employee of his concerns that a business may have been racially discriminated against due tocomments by the village manager, coupled with the manager's direct involvement in opposing thepetition of Jen Care to go into the House ofBrides location, we may have a far more serioussituation.

14518751

7/30/2019 201305131457

21/26

Gordon Chen, M.D.May 10, 2013Page 3

My term as Mayor ends May 14,2013. However, since I was serving as Mayor when thecomment by the manager was made and when the petition process took place, it's myresponsibility to address it.

Dr. Chen, I do not want the Village to be sued. Oak Lawn is a terrific community. If yourbusiness has a site where you desire to locate and you comply with the laws of Illinois andordinances of our Village, without negatively impacting the general welfare or safety of residents,then you should be able to go there. You should be able to go there without fear of permits beingdenied or pressure from government to open in a different location because it wants you "in adifferent place." Racial discrimination is wrong and if it took place it needs to be correctedimmediately.

I will be notifying our village attorney of this information with my request that the villageboard authorize an independent investigation of this. I wanted you to know since it involves yourbusiness and you may be contacted.

I am sorry that I have to send a letter like this. I wish you and your business great success.

Dave Heilmann

14518751

7/30/2019 201305131457

22/26

SOSIN ARNOLD & LEIBFORTH, LTD.

DAVID B. SOSINDSosin@sosinamold.com

ATTORNEYS AT LAW9501 West 1441h Place, Suite 205Orland Park, Jllinois 60462-2563Telephone: (708) 448-8141Facsimile: (708) 448-8140

May 12, 2011Via email to ldeetjen@oaklawn-il.gov and Regular U.S. MailLarry Deetjen, Village ManagerVlLLAGE OF OAK LAWN9446 South Raymond AvenueOak Lawn, IL 60453

Re: 6700 West 95111 Street, Oak Lawn, IllinoisDear Mr. Deetjen:

DAVID B. SOSINGEORGE J. ARNOLDLAWRENCE G. LEIBFORTH

GEORGEL.SCHOENBECKSTEVEN D. MROCZKOWSKI

OfCounsel:TIMOTHY G. LAWLER

We are writing this letter on behalfof our client, Little Company of Mary Hospital, at the requestof Dennis Reilly, its President. We have been involved for several years with regard to the redevelopment of the property at 6700 West 95 1h Street in Oak Lawn. Our client purchased thisproperty from the former owner subject to the Bally lease which had several years left. Ourclient had previously been advised by Bally that they were relocating and has made detailed andnot inexpensive plans for re-development of the property. Our client has also advised Ballypreviously that their lease would not be renewed. Notwithstanding that fact, and at substantialperil and cost to the Hospital, our client has granted an extension to Bally to accommodate theirrelocation and not to disrupt their business. That accommodation was granted, in part, pursuantto the request of the Village of Oak Lawn. We have at the present time a written extensionagreement where Bally agreed in writing to relocate on or prior to the expiration of their lease asextended as of June 30, 2011. On May 9, 2011, our client's developer received a phone callfrom you requesting a further extension on behalf of Bally. This phone call came after otherphone calls from other intermediaries making a similar request in the past week. We havereceived no request from Bally. I did receive a phone message from the Bally in-house counselyesterday, advising me that Bally understood its obligation and would vacate on or before June30 111 as agreed. It is our understanding, and you should be aware, that Bally has not signed alease or any definitive agreement for relocation of the business, notwithstanding the manymonths that have gone by with Bally's full knowledge that they would ultimately be relocatingtheir business from the 6700 West 95 1h Street site.While our client understands your call in furtherance of a business in the Village of Oak Lawn,both the tone and the details of your call are most troubling to our client. Our client has spentmany thousands of dollars in pursuance of re-development of the property. Little Company of

7/30/2019 201305131457

23/26

Larry Dectjen, Village ManagerVfLLAGE OF OAK LAWNMay 12,2011Page 2

Mary Hospital has a strict construction schedule, and we have been advised that another delay atthis point cost the Hospital an entire construction season at great expense to the Hospital. Atyour request and the request of Bally, we have previously extended the lease with therepresentation and understanding, in writing, that Bally would be leaving on June 30111 Toconclude that our client has been anything but accommodating in this situation is simplyinappropriate and incorrect. finally, your comment lo our developer ro indicate that i f LittleCompany did not grant a further extension, the Village would be less than accommodating whenthey re-develop the property is both inappropriate and, frankly, not in accordance with law.Little Company of Mary has had a longstanding and cordial relationship with the elected officialsand the slaJT of the Village of Oak Lawn. Ultimately, this is a matter between two privateparties, being a landlord and a tenant. It is best left to those parties to deal with their contractualrights. Our client will fully cooperate with the very professional and excellent Village staff' in re-development of the 6700 building and will fully expect reciprocal treatment.

Vcry truly yours,SOSIN ARNOLD & LEIBFOHTII, LTD.\ j t ~David G. Sosin

DBS/apcc: Mayor Dave Heilmann via email to dhcilmann@oaklawn-il.uov & Regular MailMr. Dennis Reilly

7/30/2019 201305131457

24/26

David M. HeilmannFrom:Sent:

John Eggert Friday, May 10, 2013 3:07 PM

To: David M. HeilmannSubject: Re: Jen Care - P&D Meetings

You are right. The OLCHS property is across 95th and down the street. Jen Care's proposed site is 6101 West95th, which is on the South side of 95th, at the Southwest corner of 95th and Meade.The propetiy to be leased from OLCHS District 229 is on the North side of 95th, at the Northwest corner of95th and Austin, roughly a block and a halfEast of Jen Care. It's part of the fenced-in property that used to partof the high school's driver's education range.From: David M. HeilmannSent: Friday, May 10, 2013 2:48 PMTo: 'John Eggert'Subject: RE: Jen Care - P&D MeetingsI don't understand the Oak Lawn H.S. lease. Isn't that across 95th street from where Jen Care would be going?From: John Eggert [mailto:jeggert@gordonkarr.com]Sent: Friday, May 10, 2013 2:05 PMTo: David M. HeilmannSubject: Jen Care - P&D MeetingsDave:I am writing in response to your e-mail below regarding my recollection of events involving Jen Care and itspetitions for two parking variations that came before the P&D commission.The first time Jen Care came up at P&D was the Aprill, 2013 meeting. That night, five commissionersattended: me, Gray, Schrader, Tebo and Piazza. The Jen Care matter was up on a petition for a parking variationat 5333 West 95th Street (House of Brides) .Ten Care was represented by its attorney, Greg Dose (Goldstine,Skrodzki, Russian, Nemec & Hoff); Ernesto Cercas, their architect; and Jess Timmem1an, (.Ten Care MarketingVP). Also present were the owners of the propetiy, their broker, Lynn Bracket (CBRE), and two neighbors whosupported the petition.During the presentation, .Ten Care indicated that the size of the House of Brides building (7,734 SF) was in theirideal range. Our code required 62 parking spaces; the site had only 33. (Code required ratio, excludingemployees, is 8.0 per 1,000 SF; they were looking for around 4.2.) After the petitioners finished, there were afew questions, and the Manager indicated that he had "serious concerns" about the petition and the location. Hementioned he had never met the broker until that night, nor had he met any of the Jen Care people. I thoughtthat with the Manager's concerns and only five members present, the petition might have gotten shot downbefore taking off. I asked Mr. Dose if they were okay with continuing to April 15th, and he answered that therewas a time consideration related to Medicare open enrollment (October-December), and they were hoping to getstarted as soon as possible in order to be established and in place by August. However, Chairman Gray movedto postpone until the next meeting (April 15). The vote on that motion was 4-1 in favor.

1

7/30/2019 201305131457

25/26

After that April 1st meeting, I talked with Mr. Timmerman and Mr. Cercas outside in the parking lot. They wereconcerned that "someone in the Village" was against their petition but couldn't understand what the issues couldbe. They told me that they had been getting resistance from Larry for a while; they felt they were being steeredto the prope1iy at 6101 West 95th Street (former Men's Wearhouse); Both expressed that 5333 was their firstchoice, and both strongly believed that if the Manager wanted them at one place over another, the Village wouldmake the permit and building process difficult if they persisted contrary to those desires. As a result, andbecause their costs would be out of budget for the 6101 property, they were ready to drop the idea of coming toOak Lawn. Around that point, another commissioner joined the group to listen in. I tried to encourage them notto give up on OL and to give it another try on the 15th. I felt that their practice - senior primary and specialistcare - would be a good fit for Oak Lawn and valuable to our seniors. They were skeptical, but said they wouldthink about it, but they did come back on April 15th.On April 15th, during post-presentation discussion, I made a deliberate and clear effort to show that theirparking variation request was consistent with other medical facilities in OL, and I compared our coderequirements to other towns to show that our code is high, and their request was consistent with averagerequirements. My prepared chart is in the minutes. When discussion ended, I moved to approve, and that votewas a 4-4 tie (Reilly absent), so it failed. The next petition was for a greater variation at 6101 W. 95th(larger building and less existing parking). I moved to approve, and that motion was voted down 2-6. (Kishtaand I voted yes). It seemed to me that the first petition was rejected for no apparent reason, and the second foreven less. I tried to get are-vote on the first petition but was told by Pat Cmmelly that a reconsideration has tocome from a negative voter.The most disturbing thing about that April 15th meeting is that only one ofthe negative voters raised any issues.To that point, Hasan Kishta- who was as angry as I was -pointed out that few, if any, questions were asked ofthe petitioners that weren't answered, and barely any issues were raised that weren't addressed. In fact, some ofthe 4 who voted against said nothing. For those reasons, my gut feeling was that the vote went where itdid because some commissioners had discussed the 5333 petition with someone outside ofP&D who didn'twant it approved, and those commissioners had their minds made up before the meeting. I can't prove it, but Istill believe it. The minutes reflect a lengthy discussion after the petitions were done, and pretty clearly reflectthat Lundy, Kishta and I were mad and thought something was very wrong. As it got louder, some of the peoplefrom .Ten Care who were out in the hall came back in to listen.For your reference, I have attached a copy of the minutes for the April 15th meeting, which are pretty accurate,missing only the mood of the meeting after the vote. For that, I would suggest the audio tape.Jen Care, apparently undaunted, was back on the agenda for the May 6th meeting for parking variation andminor landscape and setback variations at 610 1-95th Street. Greg and Ernesto were back, and they brought Dr.Gordon Chen, the son of Ten Care's founder, who spoke eloquently about the practice's history. The entirepresentation went well; the petitions were passed 8-0 (Piazza absent). The .Ten Care people were pleased, despitethe fact that the 61 01 building is larger than what they wanted, their up front building costs are going to besignificantly greater, and they had to lease 30 spaces from Oak Lawn H.S. in order to minimize the parkingshmifall at the property.Silently lost in the crowd that night were the owners of the House ofBrides prope1iy who, I believe, gotscrewed in the process, since they had a solid prospective tenant.I hope this assists you with the matters you are looking into. If you need anything else, please let me know.John C. Egge1tGordon & KaiT LLP150 Nmth Wacker DriveSuite 940

2

7/30/2019 201305131457

26/26

Chicago, Illinois 60606P. 312.377.4450F. 312.332.1901E. jeggert@gordonkarr.com

From: DAVID M. HEILMANNSent: Thursday, May 09, 2013 3:35 PMTo: 'John Eggert'Subject: Jen Care - P and DC MeetingJohn:I read the P and DC minutes from the April15, 2013 meeting where Jen Care representatives came before thecommittee. I know you contacted me the day after that meeting and were upset with what had happened the nightbefore.Can I ask you to give me a written synopsis of what took place with this company at that P and DC meeting, and the oneafter, and your thoughts on this? Please include any conversations you had with anyone at those meetings.

Sorry to ask this of you, but there may be some serious issues involved with this.ThanksDaveDavid M. HeilmannCLAUSEN MILLER P.C.10 S. LaSalleChicago, II.312.855-1010Direct 312.606.7705This electronic mail and any attachments are PRIVILEGED & CONFIDENTIAL and may be protected by the ATTORNEYCLIENT PRIVILEGE. It is intended solely fo r the use ofthe addressee identif ied above. If you are not the intendedrecipient, any use, disclosure, copying, or distribution of this electronic mail is UNAUTHORIZED. If you have received thiselectronic mail in error, please notify the sender immediately by calling {312) 855-1010 and delete it from yourcomputer. Thank you.IRS CIRCULAR 230 NOTICETo ensure compliance IRS requirements, we inform you that we are not providing U.S. tax advise and any information soconstrued from this communication (including any attachments) is not intended or written to be used, and cannot beused, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing orrecommending to another party any transaction or matter addressed herein.