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 Tuesday, July 5, 2016 7:00 PM Village Hall I. Call to Order Village President Abu-Taleb called the meeting to order at 7:05 P.M. II. Roll Call Present: 7- Village Trustee Barber, Village Trustee Brewer, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb Absent: 0 III. Consideration of Motion to Adjourn to Executive Session to Discuss Pending and Probable Litigation It was moved by Village Trustee Barber, seconded by Village Trustee Brewer, to enter into Executive Session pursuant to 5 ILCS 120/2(c)(11) - pending and probable litigation. The motion was approved. The roll call on the vote was as follows: AYES: 7- Village Trustee Barber, Village Trustee Brewer, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 0 V. Reconvene to Regular Meeting in Council Chambers and Call to Order The Regular Meeting reconvened at 7:40 P.M. VI. Roll Call Present: 7- Village Trustee Barber, Village Trustee Brewer, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb Absent: 0 VII. Agenda Approval Village Manager Pavlicek noted that Item I has been removed from the Agenda and will be brought back at a later date. In addition, Item M has been moved from the Consent Agenda to the Regular Agenda. It was moved by Village Trustee Barber, seconded by Village Trustee Tucker, to Village of Oak Park Page 1 Printed on 7/26/2016 President and Board of Trustees Meeting Minutes July 5, 2016 approve the agenda as amended. A voice vote was taken and the motion was approved. VIII. Minutes A. MOT 16-081 Motion to Approve Minutes for June 20, 2016 Regular Meeting and June 27, 2016 Special Meeting of the Village Board. It was moved by Village Trustee Tucker, seconded by Village Trustee Brewer, to approve the minutes. A voice vote was taken and the motion was approved. IX. Non-Agenda Public Comment Maria Torres. Ms. Torres, through a translater, stated that she works at McDonald's for $9.75 per hour. She added that it is wrong that billion dollar company pays its employees such low wages and all workers in Oak Park should be paid at least $15 per hour. Rev. C.J. Hawking, representing Arise Chicago. Reverend Hawking announced that Arise Chicago helped get the Paid Sick Days Act passed in Chicago. She discussed why workers need a $15 minimum wage and consequences of not having that. Ron Baiman. Mr. Baiman stated that the Agenda Item regarding the Living Wage Ordinance is too little too late. Also, this needs to cover all people working for local businesses, not just those working directly or indirectly for the Village. Zerlina Smith, Community Outreach for Rep. La Shawn Ford. Ms. Smith noted that most of Oak Park's work force lives in Rep. Ford's District, but patronize businesses in the Village. all workers need $15 per hour, as they cannot survive on $8.25 per hour. X. Village Manager Reports Village Manager Pavlicek reported that they are on schedule regarding the opening of South Boulevard at Harlem to traffic in both directions Friday. Village President Abu-Taleb asked that the construction of Marion Street from Lake Street to North Boulevard be publicized. Village Manager Pavlicek stated that this has to do with various crosswalk repairs and would have details put on the website. XI. Village Board Committees There was nothing to report. XII. Citizen Commission Vacancies B. ID 16-207 Board and Commission Vacancy Report for July 5, 2016. There were no comments. XIII. Citizen Commission Appointments, Reappointments and Chair Appointments C. MOT 16-082 Motion to consent to the Village President’s Appointment of: Zoning Board of Appeals - Debra McQueen, Appoint as Member Village of Oak Park Page 2 Printed on 7/26/2016 President and Board of Trustees Meeting Minutes July 5, 2016 It was moved by Village Trustee Barber, seconded by Village Trustee Tucker, that this Motion be approved. A voice vote was taken and the motion was approved. XIV. First Reading D. ORD 16-084 First Reading of an Ordinance Amending Chapter 12 (“Housing”) and Chapter 13 (“Human Rights”) of the Oak Park Village Code for the Purpose of Implementing Performance Based Multi-Family Rental Licensing and Inspections Village Manager Pavlicek stated that staff has been working to improve the multi-family property inspection process and are recommending several updates to that ordinance. Neighborhood Services Manager Drew Williams-Clark gave an overview of the changes. The type of rental license issued would be dictated by performance on the inspection. Better performance would be rewarded with less frequent required inspections and license renewals. Poorer performance would result in increased frequency of inspections and license renewals. This would allow the Village to use staff resources more efficiently as well as create an incentive for property owners to improve health and safety for tenants and rental stock overall. The new ordinance would also remove the requirement that property owners submit their perception of racial and ethnic identity of each tenant household from the rental license application. Staff is also proposing that the ordinance allow building owners the option of collecting a move-in fee of not more than $500 in lieu of a security deposit. Village Trustee Brewer suggested that the buildings be consistently classified in the ordinance as three units or less and four or more units as well as other language adjustments. Mr. Williams-Clark discussed why the submission of racial and ethnic identity is being removed, as the Village can now get that information elsewhere. Village Trustee Barber commented that this may make property owners less sensitive to racial balance in their buildings. Mr. Williams-Clark responded that staff has cultivated relationships with the building owners through the years and the Fair Housing Working Group meets with them on a quarterly basis to discuss this issue. The ordinance also enables staff to publicize a yearly diversity analysis on the website. In addition, the Village will continue to have their Multi-family Incentives Program, which provides incentives for landlords to work with the Housing Center to market units in order to integrate buildings. Village Trustee Lueck discussed the map of demographics by block. She also expressed concern that some building owners may not have the means to fix inspection violations. Mr. Williams-Clark spoke about grant programs that are available for low income owners. Village Trustee Button Ott asked how the diversity analysis data will be used. Mr. Williams-Clark discussed recent projects completed by using that data. Village of Oak Park Page 3 Printed on 7/26/2016 President and Board of Trustees Meeting Minutes July 5, 2016 Village Trustee Salzman asked how the Multi-family Incentives Program has been administered in the past and how it will be administered going forward, given this change. Mr. Williams-Clark stated that the Housing Programs Advisory Committee would review. M. ORD 16-071 Concur with the Recommendation of the Oak Park Economic Development Corporation (Oak Park EDC) and Adopt an Ordinance Authorizing the Execution of a Redevelopment Agreement - 848 West Madison Street (Robinson’s Bar & Grill) by the Village of Oak Park Village Manager Pavlicek noted that the Village has purchased the property currently occupied by Robinson's Ribs. They have secured another building within the community and are asking the Village to participate in the renovation of their new location. Village Trustee Lueck, who asked that this be removed from the Consent Agenda, stated that the Village had an agreement with Robinson's Ribs and they were moving forward, but it appears that their anticipated costs were exceeded by $100,000. She asked if anyone opening a new business on Madison would have the right to come to the Village with unexpected costs that would be paid out of the TIF. She asked if the Economic Development Corporation had guidelines regarding when someone can and cannot make that request. Ms. Grossman explained that Robinson's stated that they had foregone other purchase offers for the property in order to help the Village obtain their property and the adjacent property together. Because of their willingness to work with the Village regarding the sale price, the EDC felt it was appropriate to recommend this grant. Village President Abu-Taleb gave an overview of how the sale transpired, noting that this is a very unique situation. Village Trustee Lueck commented that the agreement lacks any rationale as to why this is being recommended. It was moved by Village Trustee Button Ott, seconded by Village Trustee Tucker, 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 Button Ott, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 1- Village Trustee Lueck ABSENT: 0 XV. Consent Agenda Approval of the Consent Agenda It was moved by Village Trustee Tucker and seconded by Village Trustee Brewer to approve the items under the Consent Agenda. The motion was approved. The roll call on the vote was as follows: AYES: 7- Village Trustee Barber, Village Trustee Brewer, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 Village of Oak Park Page 4 Printed on 7/26/2016 President and Board of Trustees Meeting Minutes July 5, 2016 ABSENT: 0 E. RES 16-263 A Resolution Approving an Agreement for Public Health Nursing Services with Joanne Despotes, R.N., in an Amount Not to Exceed $33,280 and Authorizing its Execution This Resolution was adopted. F. RES 16-258 A Resolution Authorizing a Change Order to the Contractual Services Agreement between CityView, a Division of N. Harris Computer Corporation, and the Village of Oak Park, to Provide a New Software Solution for the Village’s Permitting, Licensing and Inspection Services for an Additional $48,904 This Resolution was adopted. G. RES 16-256 A Resolution Approving an Amendment to an Independent Contractor Agreement between the Village of Oak Park and Crash Champions, LLC for 2016 Auto Body Repairs in an Amount not to exceed $60,000.00 and Authorizing its Execution This Resolution was adopted. H. RES 16-257 A Resolution Approving an Assignment of an Independent Contractor Agreement between the Village of Oak Park and Rays Auto Body, Inc. to Crash Champions, LLC for Auto Body Repairs and Authorizing its Execution. This Resolution was adopted. J. ORD 16-058 An Ordinance Amending Chapter 15 (“Motor Vehicles and Traffic”), Article 3 (“Parking Meters, and Municipal Attendant Parking Lots”), of the Oak Park Village Code by Amending Section 15-3-1 (“Definitions”) and Adding a New Section 15-3-21 (“Boutique Hotel Validation Program”) This Ordinance was adopted. K. MOT 16-078 A Motion Directing Village Staff to Prepare a Successor Agreement with Waste Management for Residential Refuse, Recycling, Yardwaste and Composting Collection. This Motion was approved. L. MOT 16-079 A Motion Approving Job Classification Changes in the FY16 Adopted Budget to Vacant Positions in the Development Customer Services and Community Relations Departments This Motion was approved. N. RES 16-255 A Resolution Approving an Independent Contractor Agreement with Orbis Construction Company, Inc. to Construct a New Storage Garage and Village of Oak Park Page 5 Printed on 7/26/2016 President and Board of Trustees Meeting Minutes July 5, 2016 Remodel the Men’s Locker Room at the Main Fire Station in an Amount Not to Exceed $192,000. This Resolution was adopted. O. ORD 16-085 An Ordinance Authorizing the Sale of a Surplus Vehicle Owned by the Village of Oak Park This Ordinance was adopted. XVI. Regular Agenda P. MOT 16-080 A Motion Directing Staff to Prepare a Living Wage Ordinance for the Purpose of Establishing a Minimum Wage Rate of $12.00 per hour for Employees of the Village of Oak Park and Extending to Certain Employees of Contractors/Grantees of the Village Government with Contracts for Services in excess of $25,000 per year with a Phased Implementation in 2017 and 2018 and Seeking a Review in July 2018 for Future Rates Village Manager Pavlicek stated that Oak Park voters approved a 2008 advisory referendum regarding a living wage. An advisory referendum does not mandate action by the Village Board but there was a referral to the Community Relations Commission. The CRC spent significant time on their recommendation for how to implement a living wage ordinance, including a number of public hearings, before coming forward to the Board in July of 2010. This ordinance applied to Village employees with some minor exceptions and extended to some contracts that the Village has entered into to provide services to the Village. However, the majority of Village contracts are covered by State law, the Prevailing Wage Act, in which wages are significantly higher than a living wage. The Board did not vote in the majority to enact a living wage ordinance at that time. Since then, there have been conversations, the most recent in 2014 when staff again reviewed the CRC recommendation and put forward an alternative stating that the current public employees are paid at least $12 per hour. Staff asked if this should be extended to contractors that the Village is purchasing services from, such as custodial crews, building maintenance crews and security contractors. Currently the Village's contracts don't specifically ask for those wages. Going forward, staff proposes that they take a fiscal year to look at current contracts, meet with those vendors and ask them what wages they're paying their employees. Staff would come back to the Board on a contract by contract basis in order for them to know how it will impact the annual operating budget. She noted, however, that it is the Village's administrative belief that they do not have the right to set minimum wages within the Village of Oak Park. That is why staff is moving forward with the recommendation of a living wage ordinance that will impact the people employed by the Village or through a specific contract for employees that work in the Village. Frederick Brown. Mr. Brown, a fast food worker in Oak Park, discussed how his wage of $10 per hour does not cover his expenses. Village Attorney Paul Stephanides stated that there is a body of law that provides that a municipality cannot pass an ordinance that touches upon a matter of statewide concern . A minimum wage ordinance is considered a matter of statewide concern. Village Trustee Lueck asked how this was done in Chicago. Mr. Stephanides stated that Village of Oak Park Page 6 Printed on 7/26/2016 President and Board of Trustees Meeting Minutes July 5, 2016 to date, Chicago's ordinance has not been legally challenged but is susceptible to challenge. Village Trustee Lueck noted that the people that would be affected by the Village's living wage ordinance would be very limited, but it will be making a statement. She added that she would like it to be more but the Board has to follow their legal advice and this is the most they can legally do. Village Trustee Salzman understood the frustration of those who spoke and discussed his interest in the ordinance. He stated that this Item is to direct staff to prepare an ordinance, and that it will come to the Board for additional discussion and amendments. It is a step in the direction towards economic justice. Village Trustee Tucker agreed with Trustee Salzman, noting it is the morally correct thing to do. Village Trustee Brewer was one of the original voters on the ordinance and was disappointed it did not get adopted. He stated that this is not the final destination, but a running start. Village Trustee Button Ott stated that she is frustrated with the limitations of the ordinance but something is better than nothing. She added that there are broader ways they can implement a living wage ordinance. Village Trustee Barber stated that perhaps they can have conversations with some of the business people and note that paying these really low wages is a reflection upon Oak Park. Village Trustee Lueck asked what could happen if they passed an ordinance that someone has already gotten thrown out of court. She was also interested in knowing what remedies someone could seek in a lawsuit, the cost to defend such an ordinance and what happens to the ordinance during that process. Mr. Stephanides will follow up in a memo. Village President Abu-Taleb added that they must be mindful of all the taxpayers and not put any at risk of getting into a legal battle and exposing them to unnecessary costs. It was moved by Village Trustee Tucker, seconded by Village Trustee Lueck, that this Motion be approved. The motion was approved. The roll call on the vote was as follows: AYES: 7- Village Trustee Barber, Village Trustee Brewer, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Salzman, Village Trustee Tucker, and Village President Abu-Taleb NAYS: 0 ABSENT: 0 XVII. Call to Board and Clerk Village Clerk Powell noted that it is not too early to register to vote and added that there will be early voting held at Village Hall. Village Trustee Lueck commended the parade and the fireworks. Village Trustee Salzman acknowledged the passing of John Shuler, a longtime volunteer Village of Oak Park Page 7 Printed on 7/26/2016 President and Board of Trustees Meeting Minutes July 5, 2016 for the Village, and spoke about his volunteer work and his many accomplishments. Village Trustee Button Ott also spoke fondly of Mr. Shuler. Village Trustee Barber thanked all who were involved the the Fourth of July festivities. Village Trustee Tucker spoke about Mr. Shuler's love of Oak Park. Village President Abu-Taleb asked for a moment of silence in memory of John Shuler. XVIII. Adjourn It was moved by Village Trustee Tucker, seconded by Village Trustee Barber, to adjourn. A voice vote was taken and the motion was approved. Meeting adjourned at 9:10 P.M., Monday, July 5, 2016. Respectfully Submitted, MaryAnn Schoenneman Deputy Village Clerk Village of Oak Park Page 8 Printed on 7/26/2016