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, November 7, 2016 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: 5- Village Trustee Abu-Taleb, Village Trustee Button Ott, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker By Phone: 1- Village Trustee Salzman Absent: 1- Village Trustee Lueck III. Consideration of Motion to Adjourn to Executive Session to Discuss Litigation, Collective Bargaining and Personnel. It was moved by Village Trustee Brewer, seconded by Village Trustee Button Ott, to enter into Executive Session pursuant to 5 ILCS 120/2(c)(11) - litigation; 5 ILCS 120/2(c)(2) - collective bargaining and 5 ILCS 120/2(c)(1) - personnel. The motion was approved. The roll call on the vote was as follows: AYES: 6- Village Trustee Salzman, Village Trustee Abu-Taleb, Village Trustee Button Ott, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Lueck V. Reconvene to Regular Meeting in Council Chambers and Call to Order The Regular Meeting reconvend at 7:42 P.M. VI. Roll Call Present: 6- Village Trustee Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker Absent: 1- Village Trustee Salzman VII. Agenda Approval Village Manager Pavlicek announced that Item L has been moved from the Consent Agenda to the Regular Agenda and Item X has been removed from the Agenda altogether. It was moved by Village Trustee Tucker, seconded by Village Trustee Brewer, to approve the Agenda. A voice vote was taken and the motion was approved. Village of Oak Park Page 1 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 VIII. Minutes A. MOT 16-129 Motion to Approve Minutes for October 17, 2016 Regular Meeting of the Village Board. It was moved by Village Trustee Barber, seconded by Village Trustee Button Ott, that the minutes be approved. A voice vote was taken and the motion was approved. IX. Non-Agenda Public Comment William Gale. Mr. Gale discussed the condition of the OPRF High School parking garage. Bruce Kleinman, representing Pragmatic Pool Solutions. Mr. Kleinman spoke about how the enormous pool being proposed at the high school is unnecessary. Swimming is not part of the school's core mission. Maureen Kleinman, representing Pragmatic Pool Solutions. Ms Kleinman noted that the proposed new high school garage is smaller than the current one as well as unnecessary. She also discussed the history of the pool proposal and stated that a 25 yard pool is standard size for high schools. Clarence Ward. Mr. Ward discussed the effect of a tax increase on diversity in the Village. Barbara Mullarkey, representing Oak Park Environmental Network. Ms. Mullarkey wanted to know when she can expect answers to questions she asked at the October 17 Board Meeting. Chris Donovan. Mr. Donovan discussed the unnecessary demolition of the high school parking garage that would occur if the pool referendum passes. He also spoke about his perceived lack of transparency of the Board. X. Village Manager Reports B. ID 16-323 Review of the Village Board Meeting Calendars for November and December 2016 Village Manager Pavlicek referred to the meeting calendars for November and December and asked that Board members respond to her regarding the proposed budget meeting dates in November. XI. Village Board Committees XII. Citizen Commission Vacancies C. ID 16-322 Board and Commission Vacancy Report for November 7, 2016. There were no comments. XIII. Citizen Commission Appointments, Reappointments and Chair Appointments Village of Oak Park Page 2 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 D. MOT 16-128 Motion to consent to the Village President’s Appointment of: Environment & Energy Commission - Michael O’Rourke, Remove as Member Environment & Energy Commission - Ovya Ganesan, Appoint as Member Historic Preservation Commission - Noel Weidner, Appoint as Member It was moved by Village Trustee Tucker, seconded by Village Trustee Button Ott, that this Motion be approved. A voice vote was taken and the motion was approved. XIV. Public Hearing It was moved by Village Trustee Button Ott, seconded by Village Trustee Barber, to open the Public Hearing. A voice vote was taken and the motion was approved. E. ID 16-305 Truth in Taxation Public Hearing for the Proposed Tax Year 2016 Property Tax Levy Village President Abu-Taleb called to order the Truth in Taxation Public Hearing for the Proposed Tax Year 2016 Property Tax Levy. Notice of the Public Hearing was published as required by law in the Wednesday Journal on October 26, 2016. Village Manager Pavlicek summarized the meetings held during this year's budget process. On December 5, the anticipated date of budget adoption, the Board will be asked to approve an increase of 8.97% to the Village's portion of the tax levy. This is due to increased costs for the Police and Fire Pension Funds and the General Operations Fund that amount to $3.2 million. She noted that the Finance Committee has recommended an additional $1.5 million be put towards the Fire Pension Fund, as it is currently under 40% funded. Village Trustee Lueck commented that the Board members had run on a platform that included no increase in taxes, specifically for things that the Village can control such as the General Fund. Some fee increases, such as water from the City of Chicago, have to be passed on to residents. However, because of those and other fee increases over the years in addition to current proposed fee increases, residents deserve a breakdown of how that $2.1 million will be used. She asked if there were ways to decrease or cut out some of the items included in the increase, as it will be difficult to approve a budget that includes a $2 million increase in operating funds. Village Trustee Barber agreed. Village Manager Pavlicek noted that this can be discussed in greater detail during Study Sessions in the next couple of weeks. To address some of those concerns now, she explained that as part of the recommended budget,staff is not including the transfer of $1 million from the Water and Sewer Fund to the General Fund, which has historically been done. That will instead be used for capital projects pertaining to the 100-plus year old water and sewer system. In addition, the Village is facing a $.5 million loss in motor fuel tax transfers from the State of Illinois. She also noted that current fire and police labor contracts require a 2.5% wage increase, which is competitive with similar municipalities. That alone translates into an increase of approximately $1 million. Village President Abu-Taleb commented that the tax levy increase has been discussed during Finance Committee meetings, which are open to the public. He stated that in 12 of the last 15 years, the Village's expenditures have been more than its revenue and Village of Oak Park Page 3 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 revenue needs to be increased. He discussed the past practice of transferring from one fund to another and noted that CFO Steve Drazner is recommending that this be discontinued. All of this information has been discussed by the Finance Committee and all Board members are aware. This tax levy increase will allow the Village to continue to fulfill their police and fire pension obligations as well as put their books in order. This has to be addressed now. He explained why the Village is paying five times what they should be paying towards pensions because they are not properly funded. Village Trustee Tucker clarified why he suggested an additional $1.5 million to go towards the Fire Pension Fund. Village Trustee Lueck commented that the fund is low due to the market not doing well. She added that the Village does not control that fund. Chris Donovan. Mr. Donovan stated that the Madison Street TIF ends next year. He suggested that the Village take a portion and put it in the General Fund. Bruce Kleinman. Mr. Kleinman noted that there are various taxing bodies, each with their own demands. The demands need to be prioritized. It was moved by Village Trustee Lueck, seconded by Village Trustee Tucker, to adjourn the Public Hearing. A voice vote was taken and the motion was approved. XV. First Reading F. ORD 16-139 First Reading of an Ordinance Amending Chapter 23A (“Taxes”), Article 7 (“Municipal Gas Use Tax”), Section 23A-7-3 (“Taxes”) of the Oak Park Village Code .End Village Manager Pavlicek commented that typically during the first meeting in November, staff presents to the Board any ordinances proposed to modify fees as part of the upcoming budget process. Second Readings and final adoptions will be on either November 21 or December 5. This Item is relative to the Municipal Gas Tax, which has not been reviewed in a number of years. It is raising the tax per therm and will be used to support the General Fund. Village Trustee Barber asked what the impact will be to a typical resident. CFO Steve Drazner stated that he does not know the exact figure but it would probably be minimal; under $50 per year. Village Manager Pavlicek stated that staff will get that information as well as the impact to a typical business. Mr. Drazner clarified that only those who use an out of state supplier will only be affected. Those using an Illinois supplier such as Nicor are not subject to the tax. Village Trustee Barber asked for a list of all gas suppliers in Oak Park and delineate which will be affected and which will not as well as the number of customers impacted. G. ORD 16-141 First Reading of an Ordinance Amending the Parking Permit Fees set forth in Section 15-3-18 of the Oak Park Village Code Village Manager Pavlicek stated that parking fees has been a long term planned process to migrate the fees to pay the majority of the costs. The primary purpose of the proposed 2.5% increase to the Parking Enterprise Fund is to pay for debt service on the Holley Court and Avenue garages, which are currently being paid for by the Downtown TIF. The TIF ends for tax year 2019. The increases are either $5 or $10 per quarter, depending on Village of Oak Park Page 4 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 the type of permit. Staff is also recommending a single user permit for the garages at one rate as opposed to resident, non-resident, corporate, etc. permits at various rates. Village Trustee Barber asked when staff would looking at a more holistic approach to parking as previously discussed. Village Manager Pavlicek stated that the Transportation Commission has asked for more time to prepare their recommendations. The Board will be notified as soon as that is completed and she anticipates that will be after December. Village Trustee Barber discussed the topic further. Village Trustee Button Ott agreed that a comprehensive parking plan is a high priority and discussed a plan to perhaps defray permit costs for those who cannot afford them. H. ORD 16-140 First Reading of an Ordinance Amending Chapter 23A (“Taxes”), Article 9 (“Utility Tax”), Section 23A-9-10 (“Electric Utility Tax”) of the Oak Park Village Code .End Village Manager Pavlicek stated that this ordinance will make the Village's electric utility tax consistent with State Statute. Village Trustee Brewer asked what the estimated $100,000 in revenue is tied to. Mr. Drazner replied that it is based on the amount of electricity used. There are several tiers and each tier has a different rate. The effect to individual households is minimal. Village Manager Pavlicek suggested that staff could prepare something similar to the gas tax breakdown. She noted that the amounts in question are tenths of a penny. I. ORD 16-133 First Reading of an Ordinance Establishing the Annual Building and Construction Permit Fees and Zoning Application Fees of the Village of Oak Park Village Manager Pavlicek noted that this Item is not intended to increase revenue. It is a recommended update to construction permit and zoning application fees to reflect the cost of providing these services. Village Trustee Lueck commented that it would be helpful to have some sense of how much revenue is collected per item, as some of them seem to be impossible to monitor. For example, structural work performed outside the house is obvious but something such as a homeowner installing drywall inside can go unnoticed. She asked if it makes sense to have something on the books that cannot be enforced. Chief Building Official Steve Cutaia noted that there is also a very detailed ordinance that states what does not require a permit. Village Trustee Lueck added that most residents don't even know what they need a permit for. In response to Trustee Lueck's concerns regarding revenue collection, Village Manager Pavlicek stated that staff may be able to generate some reports to get this information. J. ORD 16-142 First Reading of An Ordinance Amending Chapter 20, Article 7 of the Oak Park Village Code Regarding Rates for Garbage, Refuse, Yard Waste and Recyclable Materials Collection Services Village Manager Pavlicek reminded the Board that earlier this fall, a five-year contract was awarded to Waste Management for waste collection for single family homes and some multi family buildings. This ordinance reflects the increase in accordance with the Village of Oak Park Page 5 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 Village's fee increase from Waste Management. It will also include practices and services provided in the past that have never been codified. Some new items are green rates for a smaller refuse container for those who are composting, as well as the at your door service for pick up of electronics, paint and other hard to dispose of items. Village Trustee Barber asked how residents will be informed about the new services in order to take advantage of them. Director of Public Works John Wielebnicki stated that staff is working on the education campaign and hope to get that out to the public by December. XVI. Consent Agenda Approval of the Consent Agenda It was moved by Village Trustee Lueck, seconded by Village Trustee Tucker, to approve the Items under the Consent Agenda. The motion was approved by the following vote: AYES: 6- Village Trustee Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Salzman K. ORD 16-130 Ordinance Amending Chapter 20 (“Public Health”) by Adding a New Article 13 (“Commercial Solid Waste Hauling and Recycling”) This Ordinance was adopted. M. ORD 16-131 An Ordinance Amending Chapter 30 (“Special Events”) of the Oak Park Village Code by Deleting Article 2 (“Village Sponsored Midweek Market”) in its Entirety This Ordinance was adopted. N. ORD 16-148 An Ordinance Authorizing the Sale of a Surplus Vehicle and Equipment by the Village of Oak Park This Ordinance was adopted. O. RES 16-351 A Resolution Awarding a Small Rental Property Rehabilitation Loan and Authorizing the Execution of a Loan Commitment and Agreement for the Property Located at 163 North Lombard Avenue (SRP-033) This Resolution was adopted. P. RES 16-352 A Resolution Approving an Amendment to the Agreement with A&B Landscaping and Tree Service, Inc. for the 2016 Parkway Tree Stump Removal Program with an Increase of the Not to Exceed Amount from $120,000.00 to $150,000.00 and Authorizing its Execution This Resolution was adopted. Village of Oak Park Page 6 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 Q. RES 16-353 A Resolution Approving the Assignment of the Independent Contractor Agreement for 2016 Parkway Tree Pruning to Davis Tree Care and Landscape, Inc. from Sterling Tree Solutions, LLC and Authorizing its Execution This Resolution was adopted. R. RES 16-359 A Resolution Authorizing the Purchase of 4,800 Tons of Rock Salt from Compass Minerals America Inc. of Overland Park, Kansas at $43.46 Per Ton For the 2016/2017 Snow Season in an Amount Not To Exceed $208,608.00 and Waiving the Village’s Bidding Process This Resolution was adopted. S. RES 16-362 A Resolution Approving an Amendment to the Project Budget for the Construction of the Public Portion of the Parking Garage at 150 Forest Avenue and the Use of Owner Contingency for Interest Costs for the Financing of the Project in the Amount of $30,000.00 This Resolution was adopted. T. MOT 16-123 A Motion to Refer a Draft Village of Oak Park Zoning Ordinance and a Draft Zoning Classification Map to the Plan Commission for Public Hearing This Motion was approved. U. MOT 16-125 A Motion to Approve the Monthly Treasurer’s Report for All Funds This Motion was approved. XVII. Regular Agenda V. MOT 16-126 Motion to Approve the Bills in the Amount of $11,261,154.74 from October 1, 2016 through November 1, 2016 This Motion was approved. W. ORD 16-128 Concur with the Zoning Board of Appeals’ Recommendations and Adopt An Ordinance Granting a Variance from the Transit-Related Retail Overlay District’s Use Restrictions to Operate a General Office Use (State Farm Insurance) at 177 S. Oak Park Avenue Village Planner Craig Failor stated that this is a recommendation from the Zoning Board of Appeals (ZBA) to allow office use in a transit-related retail overlay district. The code prohibits office space on the ground floor within the first 50 feet of the street. Mark Hansen of the ZBA added that this is a State Farm office and the variance was approved by a vote of 4-2 on October 5, 2016. Village Trustee Lueck felt that this site should have a retail tenant. Mr. Hansen noted that the owner has been unable to lease that location for several years. Mr. Failor and Mr. Hansen answered questions from the Board. Village of Oak Park Page 7 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 David King of David King and Associates, Inc. spoke about the challenges faced by this property such as lack of daytime traffic and location. The applicant, Adam Doe, discussed his plans to partner with the other local businesses, who support this as well. 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 Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Salzman L. ORD 16-129 An Ordinance Amending Chapter 20 ("Public Health"), Article 3 (“Environmental Health Services”) of the Oak Park Village Code by Adding a New Section 20-3-13 (“Home Kitchen and Cottage Food Operations”) Village Manager Pavlicek noted that at a recent meeting, the Board had a request to allow the sale of home baked goods out of one's home. The Village Attorney and Health Director looked at the statutory items that the Village needed to adopt and incorporated provisions of the Illinois Food Handling Enforcement Act, "Home Kitchen Operations" and "Cottage Food Operations" into the ordinance. Village Attorney Paul Stephanides clarified that labeling of ingredients is required. Interim Health Director Mike Charley also noted that the Cottage Food Operations provision allows the sale of such items at the Farmers' Market. 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 Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Salzman Y. RES 16-374 A Resolution Approving an Amendment to the Project Budget for Oak Park Station to Include a Brick Alternate for Westgate from the New Maple Street East through the Cul-De-Sac, Removal of a Curb Cut on Lake Street Related to the Parking Lot and Costs Associated With Material Changes due to a Change in Design in the Amount of $232,615.00 and Authorizing its Execution Village Manager Pavlicek stated that the Board had asked staff to look into the cost of adding brick to provide connectivity to Marion Street. Staff has obtained the price for brick within the cul-de-sac area and the intersection of Maple and Westgate and is seeking direction from the Board. Other modest changes are included in this cost as well. Because the developer is making good progress on the construction, it is important to at least provide him some direction. Village Trustee Barber expressed concern regarding the cost and asked if the bricks were only for esthetics. Director of Development Customer Services Tammie Grossman Village of Oak Park Page 8 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 clarified that the bricks are $130,000; the remainder of the amount presented is for crosswalk work and removal of a curb cut. She explained where the brick portion would be in the project and added that it is for esthetics as well as tying in to Marion Street. The developer is ahead of schedule and would like to have the street open by spring. It was moved by Village Trustee Lueck, seconded by Village Trustee Brewer, that this Resolution be adopted. The motion was approved. The roll call on the vote was as follows: AYES: 5- Village Trustee Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Brewer, and Village Trustee Barber NAYS: 1- Village Trustee Tucker ABSENT: 1- Village Trustee Salzman XVIII. Regular Agenda for Items Pursuant to Village Code Chapter 2 Alcoholic Liquor Dealers or Related (President Pro-Tem Trustee Tucker) Village President Abu-Taleb and Village Trustee Brewer recused themselves from the meeting and President Pro Tem Tucker presided over the following Items. Z. ORD 16-135 An Ordinance Amending Chapter 3 (“Alcoholic Liquor Dealers”), Article 8 (“List of Licenses for Each License Class”), Section 3-8-1 (“Number of Licenses to be Issued Per License Class”) and Section 3-8-2 (“Licenses by Name and Address Per License”) of the Oak Park Village Code for the Issuance of a Restaurant Class B-2 Liquor License and a Package Class C-1 Liquor License to LJC Development, LLC, d/b/a Lea French Street Food The owner of Lea French Street Food spoke about the restaurant, which will serve breakfast, lunch and dinner. Liquor Commission Chair Victoria Scaman spoke in favor of granting the license. It was moved by Village Trustee Button Ott, seconded by Village Trustee Barber, that this Ordinance be adopted. The motion was approved. The roll call on the vote was as follows: AYES: 4- Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Salzman ABSTAINED: 2- Village Trustee Abu-Taleb, and Village Trustee Brewer AA. ORD 16-136 An Ordinance Amending Chapter 3 (“Alcoholic Liquor Dealers”), Article 8 (“List of Licenses for Each License Class”), Section 3-8-1 (“Number of Licenses to be Issued Per License Class”) and Section 3-8-2 (“Licenses by Name and Address Per License”) of the Oak Park Village Code for the Issuance of a Restaurant Class B-1 Liquor License to Scratch Properties, Inc., d/b/a Scratch on Lake The owner of Scratch Properties spoke about himself and his restaurant. He is looking to open in early December. It was moved by Village Trustee Button Ott, seconded by Village Trustee Barber, Village of Oak Park Page 9 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 that this Ordinance be adopted. The motion was approved. The roll call on the vote was as follows: AYES: 4- Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Salzman ABSTAINED: 2- Village Trustee Abu-Taleb, and Village Trustee Brewer AB. ORD 16-137 An Ordinance Amending Chapter 3 (“Alcoholic Liquor Dealers”), Article 8 (“List of Licenses for Each License Class”), Section 3-8-1 (“Number of Licenses to be Issued Per License Class”) and Section 3-8-2 (“Licenses by Name and Address Per License”) of the Oak Park Village Code for the Issuance of a Restaurant Class B-1 Liquor License to Patrick Dailey and Olga Dailey, DBA Eastgate Cafe Ms. Scaman stated that there will be a small liquor selection, as there is no space for a bar and bar stools. It was moved by Village Trustee Button Ott, seconded by Village Trustee Lueck, that this Ordinance be adopted. The motion was approved. The roll call on the vote was as follows: AYES: 4- Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Salzman ABSTAINED: 2- Village Trustee Abu-Taleb, and Village Trustee Brewer XIX. Call to Board and Clerk Village Clerk Powell announced that early voting ended this evening at 5:00 P.M. She stated that those voting tomorrow should go to their assigned polling locations, not Village Hall. Polls are open from 6:00 A.M. to 7:00 P.M. Village Trustee Brewer asked all to vote. He stated that Halloween was great in the Village; he had between 900 and 1,000 people come to his door. He expressed support for the home kitchen ordinance. Village Trustee Lueck asked all to vote. She was impressed by the progress made on the projects around town while she was out of town. Village Trustee Button Ott asked all to vote. Village Trustee Barber addressed the Cubs winning the World Series. Village Trustee Tucker asked all to vote. XX. Adjourn Village of Oak Park Page 10 Printed on 11/22/2016 President and Board of Trustees Meeting Minutes November 7, 2016 It was moved by Village Trustee Brewer, seconded by Village Trustee Tucker, to adjourn. A voice vote was taken and the motion was approved. Meeting adjourned at 9:43 P.M., Monday, November 7, 2016. Respectfully Submitted, MaryAnn Schoenneman Deputy Village Clerk Village of Oak Park Page 11 Printed on 11/22/2016