President and Board of Trustees

123 Madison Street Village of Oak Park Oak Park, Illinois 60302 www.oak-park.us Meeting Minutes President and Board of Trustees Monday, September 21, 2015 6:30 PM Village Hall I. Call to Order Village President Abu-Taleb called the meeting to order at 6:30 P.M. II. Roll Call Present: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb Absent: 1- Village Trustee Lueck III. Consideration of Motion to Adjourn to Executive Session to Discuss Pending Litigation and Personnel. It was moved by Village Trustee Brewer, seconded by Village Trustee Salzman, to enter into executive session pursuant to 5 ILCS 120/2(c)(11) - litigation and 5 ILCS 120/2(1) - personnel. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck V. Reconvene to Regular Meeting in Council Chambers and Call to Order The Regular Meeting reconvened at 7:30 P.M. VI. Roll Call Present: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb Absent: 1- Village Trustee Lueck VII. Agenda Approval It was moved by Village Trustee Tucker, seconded by Village Trustee Ott, to approve the agenda. A voice vote was taken and the motion was approved. VIII. Minutes A. MOT 15-116 Motion to approve minutes for September 8, 2015 Regular Meeting of the Village Board Village Trustee Brewer commented that the item removed from the Consent Agenda was Village of Oak Park Page 1 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 not placed on the Regular Agenda in the minutes. Village Clerk Powell clarified that this was a technical issue with the software not moving the item to the correct place in the minutes. It was moved by Village Trustee Tucker, seconded by Village Trustee Ott, to approve the September 8 minutes. A voice vote was taken and the motion was approved. IX. Non-Agenda Public Comment Liz Melara. Ms. Melara, a former Village employee, expressed concern about the perceived disregard that the Board has for Village employees. Marijo Lopez. Ms. Lopez, also a former Village employee, urged the Board to explore possible reasons for the recent resignations of various Village employees. Dr. Mary L. Kelly. Dr. Kelly expressed concern that street closures during construction of the Oak Park Station development will prohibit her and her colleagues' patients from having access to their office at 1125 Westgate. Dr. Mike Limperis. Dr. Limperis, whose practice is also located at 1125 Westgate, noted that many of his patients have disabilities that would make it extremely difficult to reach his office during Oak Park Station construction. XI. Village Manager Reports B. ID 15-316 Update from the Oak Park Area Arts Council on the “Off-the-Wall” Project Executive Director of the Oak Park Area Arts Council Camille Wilson-White gave a presentation of this year's "Off-the-Wall" project, a mural created under the Austin Boulevard viaduct. She described the project and thanked all who contributed their time and effort. XII. Village Board Committees There was nothing to report. XIII. Citizen Commission Vacancies C. ID 15-314 Board and Commission Vacancy Report for September 21, 2015. There were no comments. XIV. Citizen Commission Appointments, Reappointments and Chair Appointments D. MOT 15-114 Motion to consent to the Village President’s Appointment of: Civic Information Systems Commission - Bryan Boehm, Appoint as Member Farmers Market Commission - Mary Chris Jaklevic, Appoint as Member Historic Preservation Commission - Laura Jordahl, Appoint as Member Housing Programs Advisory Committee - Frank Fiorito, Appoint as Member It was moved by Village Trustee Tucker, seconded by Village Trustee Brewer, Village of Oak Park Page 2 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 that this Motion be approved. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck XVII. Second Reading E. ORD 15-168 Second Reading and Adoption of an Ordinance Amending Chapter 23A (“Taxes”) of the Oak Park Village Code by adding a New Article 11 (“Medical Cannabis Privilege Tax”). Travis Merle. Mr. Merle spoke against the cannabis privilege tax. It would be unethical; this is not recreational or a luxury; it is medicine. Brad Zerman, representing Seven Point. Mr. Zerman addressed issues regarding banking, which were raised during the First Reading. He added that it is not appropriate to tax medical cannabis, which will increase the cost to patients who badly need it. Village Trustee Tucker stated that he did not want to treat medical marijuana differently than any other serious medicine sold in Oak Park pharmacies. He asked if it was necessary at this point to create a level of taxation in order to have possible taxation in the future. Village Attorney Paul Stephanides replied that this is not required as the law currently exists. Village Trustee Tucker suggested that this be put off until there is data to analyze in terms of policing that may justify a tax, and to not assume going into this that it will. Village Trustee Salzman stated that there would have to be a clear and compelling reason to impose this burden and based on the information given, he does not see any. There would be a strong interest, however, in taxing recreational marijuana if that were to ever become legal, but having some type of place holder tax in order to accomplish that in the future is not necessary. Village Trustee Ott commented that what is being recommended tonight is a privilege tax. Access to medical marijuana is no more a privilege than access to any other pharmaceutical drug. She asked for clarification as to whether failure to impose this tax now would prevent the Village from taxing recreational marijuana in the future. Mr. Stephanides stated that it would not. Village Trustee Barber stated that it is unfair and not very welcoming to this business to anticipate problems that may or may not happen. There may be no or minimal impact on police or Village services. He suggested that this be revisited in July, six months after the business is open, to see if there have been any concerns. Village Trustee Brewer stated that according to the Village Attorney, this is not considered a prescription drug under federal law, which gives them the opportunity to tax it. Also, until proof is provided that the Federal Financial Institution Examination Council has approved bank accounts may be opened for these businesses, this will be a cash-only business. They and the Village may incur the additional expenses of protecting a cash business. Village of Oak Park Page 3 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 Village President Abu-Taleb commented that in the meantime, they will be providing a service to those in need of it. It was moved by Village Trustee Barber, seconded by Village Trustee Tucker, that this Ordinance be approved. The motion failed The roll call on the vote was as follows: NAYS: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb ABSENT: 1- Village Trustee Lueck F. ORD 15-169 Second Reading and Adoption of an Ordinance Amending Chapter 4 (“Ambulances”), Article 1 (“Ambulance Regulations”), Section 4-1-6 (“Village Ambulance Services; Fees”) of the Oak Park Village Code and Adding a New Section 9-1-16 (“Pipeline and Power Line Incidents”) to the Village Code It was moved by Village Trustee Tucker, seconded by Village Trustee Barber, that this Ordinance be adopted. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck XVIII. Consent Agenda Approval of the Consent Agenda It was moved by Village Trustee Salzmanand seconded by Village Trustee Tucker to approve the items under the Consent Agenda. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck G. ORD 15-160 Motion to Concur with the Plan Commission’s Recommendation and Adopt an Ordinance Amending Article 4 (“Use Regulations”), Section 4.5.2 (“Radio, Television, and other Electronic Transmitting and Receiving Devices”), Subsection U (“Radio, Television, and Other Electronic Transmitting and Receiving Devices”) of The Village Of Oak Park Zoning Ordinance To Allow Cellular Antennas in the R3 Single Family Residential District as a Special Use This Ordinance was adopted. H. ORD 15-159 Motion to Concur with the Plan Commission’s Recommendation and Adopt Village of Oak Park Page 4 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 an Ordinance to Grant a Special Use Permit and a Height Allowance for the Installation of Cellular Antennas at the Property Located at 419 Greenfield Avenue This Ordinance was adopted. I. ORD 15-161 Motion to Concur with the Plan Commission’s Recommendation and Adopt an Ordinance Amending Article 3 (“Zoning District Regulations”), Section 3.1 Summary Use Matrix of the Village of Oak Park Zoning Ordinance by adding Industrial Design as a Permitted Use in the B1/B2 General Business District and the C Commercial District, and Amending Article 9 (“Definitions”) by adding a new Subsection 9.93 (“Industrial Design”) to the Village Of Oak Park Zoning Ordinance This Ordinance was adopted. J. ORD 15-162 Motion to Concur with the Zoning Board of Appeals Recommendation and Adopt an Ordinance Granting a Special Use Permit to Operate a Dance Studio at the Property Located at 805-807 Lake Street This Ordinance was adopted. K. ORD 15-163 An Ordinance Authorizing the Sale of a Vehicle Owned by the Village of Oak Park. This Ordinance was adopted. L. RES 15-394 A Resolution Approving Intergovernmental Agreements with the Brookfield-North Riverside Water Commission for the Installation of a Watermain and for the Provision of an Emergency Water Supply to the Village of Oak Park and Authorizing Their Execution This Resolution was adopted. M. RES 15-435 A Resolution Authorizing the Purchase of One Used 2009 Ford F550 Truck with a Versalift Aerial Lift in an amount not to exceed $46,000.00 from Power Equipment and Waiving the Villages Bid Process This Resolution was adopted. N. RES 15-436 A Resolution Authorizing the Purchase of 4,800 Tons of Rock Salt from Morton Salt Inc. of Chicago, Illinois at $74.21 Per Ton For the 2015/2016 Snow Season in an Amount Not To Exceed $356,208.00 and Waiving the Village’s Bidding Process This Resolution was adopted. O. RES 15-438 A Resolution Authorizing the Execution of a Subordination of Lien (SFR-041) for the Property Located at 604 Lyman Avenue. This Resolution was adopted. Village of Oak Park Page 5 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 P. RES 15-439 A Resolution Authorizing the Execution of an Independent Contractor Agreement with Traffic Control Corporation for Software Maintenance and Field Service Work and Equipment to Resolve Traffic Signal Communication Issues in an amount not to exceed $22,000 This Resolution was adopted. Q. RES 15-442 A Resolution Setting Halloween “Trick or Treat” Hours from 3:00 P.M. To 7:00 P.M. on Saturday, October 31, 2015 This Resolution was adopted. R. MOT 15-109 A Motion to Direct Staff to Prepare an Agreement between the Village and the Proprietor of the Future Citrine Café Consistent as Recommended by the Oak Park Economic Development Corporation (Oak Park EDC). This Motion was approved. S. MOT 15-111 Motion to Refer to the Zoning Board of Appeals a Special Use Permit Application filed by Good Shepard’s Learning Center to Operate a Day Care Center in the B-1/B-2 General Business District at the Property Located at 404 Lake Street. This Motion was approved. T. MOT 15-112 Motion to Accept Staff’s Recommendation to Name the Proposed New Street West of the Clark Street Development Project Maple Avenue This Motion was approved. U. MOT 15-113 Motion to Accept Staff’s Recommendation to add No Parking 8AM-10AM Monday thru Friday Restrictions Along the 1100 Block of Adams Street and Direct Staff to Prepare the Necessary Ordinance This Motion was approved. XIX. Regular Agenda V. MOT 15-117 Motion to direct Staff to install traffic calming devices on the 1200 block of Woodbine Avenue at the Village’s expense this calendar year to include a landscaped “bump out” on Woodbine, immediately south of the east/west alleyway near the North Avenue and a speed hump midblock in the 1200 block of Woodbine. Village Manager Pavlicek stated that in May, the Board supported a recommendation from the Transportation Commission that a diverter be installed on the 1200 block of Woodbine. This followed extensive testing of different traffic calming options along that block. A series of meetings were held with the residents, the businesses and collective meetings with both groups. Staff is recommending an alternative, with varying degrees of support between the two constituents. Village of Oak Park Page 6 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 Village Engineer Bill McKenna explained that during the meetings held with residents and businesses, there was a consensus that consisted of three traffic calming measures to be installed on this block. As a result of this, the Village is recommending installation of a landscaped bump out on Woodbine south of the east/west alleyway near North Avenue, a speed table installed midblock and to maintain the existing 4-way stop sign at the intersection of Woodbine and LeMoyne. The residents also recommended reinstalling the no right turn sign at North Avenue, which staff is delaying action on for approximately six months in order to evaluate how effective these calming measures will be. Adam Evans, resident of the 1200 block of Woodbine. Mr. Evans stated that the only sufficient traffic calming measure would be to reinstall a no right turn sign at North Avenue. Julie Denise, resident of the 1200 block of Woodbine. Ms. Denise expressed concern that there is no mention in this motion of the Special Service Area for an additional bump out on LeMoyne and Woodbine that residents are willing to pay for or a no right turn during peak hours sign. Village Trustee Ott commented that she saw no reason not to amend the motion to include creating the appropriate documents for the SSA and moved to amend it. Village Trustee Tucker seconded. Village Trustee Barber asked if this is adequately addressing some of the business owners' concerns. Dr. Mary Ann Bender, representing the physicians' office at North and Woodbine, stated that they are in agreement with staff's recommendations. However, they are opposed to a no right turn sign. Village President Abu-Taleb commented that when the Board first agreed to the diverter, they had not yet reached out to all the stakeholders involved to help make the best decision possible. After meeting with residents and members of the business community, this recomendation seems like a good solution. The right turn sign can always be added if problems persist. There was additional discussion regarding the residents' desire to add a bump out at the LeMoyne intersection that would be funded through a Special Service Area. It was moved by Village Trustee Ott, seconded by Village Trustee Salzman, that this Motion be approved as amended. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck W. ORD 15-165 An Ordinance Establishing a Temporary Moratorium on Acceptance and Processing of Petitions for Cul-de-Sacs or Traffic Diverters Village Manager Pavlicek stated that the moratorium would allow staff to review and improve the processes involved with petitions for cul-de-sacs and traffic diverters. Judith Alexander, representing North Avenue Neighbors Assn. of Oak Park. Ms. Village of Oak Park Page 7 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 Alexander spoke in support of the moratorium. Village Manager Pavlicek clarified that the moratorium would last one year. It was moved by Village Trustee Barber, seconded by Village Trustee Brewer, that this Ordinance be adopted. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck X. ORD 15-164 Motion to Concur with the Zoning Board of Appeals Recommendation and Adopt an Ordinance Granting a Use Variance to Operate a Real Estate Office at the Property Located at 109 North Marion Street Village Planner Craig Failor stated that the applicant is requesting a variance in order to operate a real estate office at 109 N. Marion Street. The transit related overlay district use restrictions prohibit general office uses at grade level of any structure unless located at least 50 feet from the street line. Their request is to be able to occupy that space, which is at ground level and less than 50 feet from the street. Zoning Board of Appeals chair Mike Quinn added that the applicant currently occupies the rear of that space; the first 50 feet were occupied by a retail user. Recently, it has been difficult to keep the space occupied in compliance with the overlay district. An unusual aspect of this application is that this space is part of a condominium that consists of two residential units above two commercial units. The association prohibits the sale of food or drink in any of the units, so they cannot rent this to any type of eating or drinking establishment. Mark Blesoff. Mr. Blesoff urged the Board to approve the recommendation and spoke favorably about the applicant and her business. Cynthia Howe Gajewski. Ms. Gajewski, a realtor employed by the applicant, noted that while realtors do not sell items that can be bought in a storefront, they do sell places that people call home. Using the front space in addition to the rear will enhance the business as well as bring customers to other establishments in Oak Park. Meredith Morris. Ms. Morris, a resident and local business owner, spoke in support of the variance. Aside from being preferable to a vacant storefront, the location gives the applicant the opportunity to serve as a welcome point for those looking to live in Oak Park. James Svehla. Mr. Svehla urged the Board to approve the recommendation of the ZBA and discussed the benefits of having this business in that location. Gary Cuneen. Mr. Cuneen spoke about the difficulty in leasing that space due to the condominium board's restrictions. Frank Heitzman. Mr. Heitzman,owner of a neighboring property on Marion Street, opposed the variance, as downtown is the major commercial district in Oak Park and not an office district. Village of Oak Park Page 8 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 Village Trustee Salzman asked Mr. Quinn to clarify the hardship requirement. Mr. Quinn stated that aside from the unusual restriction in the condo declaration, the applicant has tried to market the property for several years without success. Applicant Erica Cuneen, owner of the business and building, described the ways in which the property has been marketed. The only interested parties could not be pursued, as they were food and drink businesses. Also, the additional expenses of being a condo drives the rent up, which is unaffordable to most retailers. Ms. Cuneen discussed her inability to change the condo declaration and spoke about her involvement in the community and various events she has hosted through her business. There was discussion regarding the office in the adjacent commercial space, also part of the condominium association. Because the zoning restriction eliminating real estate from the retail description was implemented after that business was occupying the space, they were grandfathered in. Mr. Failor clarified why staff was not supporting the ZBA's recommendation. In order to keep the integrity of the overlay district, general office uses that are considered incompatible with retail uses on the ground floor should not be allowed. Village President Abu-Taleb suggested allowing the variance with a time limit attached. Village Trustee Barber suggested that the variance be limited to these owners. If the property is sold or leased to another party, it would revert back to retail use only. Following a brief discussion, Village Trustee Brewer amended the motion to include that the variance be limited to the current owner. Village Trustee Ott seconded. It was moved by Village Trustee Brewer, seconded by Village Trustee Ott, that this Ordinance be adopted as amended. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck Y. ID 15-312 Review the Recommended Five Year Capital Improvement Plan (2016-2020) and Direct Staff to Prepare the Necessary Actions for Approval of the Plan on the October 19, 2015 agenda. It was moved by Village Trustee Barber, seconded by Village Trustee Salzman, that this Item be tabled. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck Z. MOT 15-110 Motion to Accept the Village Board Goals and Protocols. Village of Oak Park Page 9 Printed on 10/6/2015 President and Board of Trustees Meeting Minutes September 21, 2015 It was moved by Village Trustee Tucker, seconded by Village Trustee Brewer, that this Motion be approved. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Barber, Village Trustee Brewer, Village Trustee Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 1- Village Trustee Lueck XX. Regular Agenda for Items Pursuant to Village Code Chapter 2 Alcoholic Liquor Dealers or Related (President Pro-Tem Salzman ) Village President Abu-Taleb and Village Trustee Brewer recused themselves from the meeting and Village President Pro Tem Salzman presided over the following item. AA. MOT 15-4 Motion to Consent to Local Liquor Control Commissioner Adam Salzman’s Appointment of: Liquor Control Review Board - Jane Miller, Reappoint as Member It was moved by Village Trustee Tucker, seconded by Village Trustee Ott, that this Motion be approved. The motion was approved. The roll call on the vote was as follows: AYES: 4- Village Trustee Barber, Village Trustee Ott, Village Trustee Salzman, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Lueck ABSTAINED: 2- Village Trustee Brewer, and Village President Abu-Taleb XXI. Call to Board and Clerk There were no comments. XXII. Adjourn It was moved by Village Trustee Ott, seconded by Village Trustee Barber, to adjourn. A voice vote was taken and the motion was approved. Meeting adjourned at 9:53 P.M., Monday, September 21, 2015. Respectfully submitted, MaryAnn Schoenneman Deputy Village Clerk Village of Oak Park Page 10 Printed on 10/6/2015