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, February 6, 2017 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 Salzman, Village President Abu-Taleb, Village Trustee Lueck, Village Trustee Barber, and Village Trustee Tucker Absent: 2- Village Trustee Button Ott, and Village Trustee Brewer III. Consideration of Motion to Adjourn to Executive Session to Discuss Review of Executive Session Minutes, Semi-Annual Review of Executive Session Minutes, Collective Bargaining and Police Deployment. It was moved by Village Trustee Barber, seconded by Village Trustee Lueck, to enter into Executive Session pursuant to 5 ILCS 120/2(c)(21) - discussion of minutes of meetings lawfully closed under the Open Meetings Act; 5 ILCS 120/2(c) (2) - collective bargaining and 5 ILCS 120/2(c)(8) - police deployment. A voice vote was taken and the motion was approved. V. Reconvene to Regular Meeting in Council Chambers and Call to Order The Regular Meeting reconvened at 7:34 P.M. VI. Roll Call Present: 6- Village Trustee Salzman, Village President Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Barber, and Village Trustee Tucker By Phone: 1- Village Trustee Brewer Absent: 0 VII. Agenda Approval It was moved by Village Trustee Tucker, seconded by Village Trustee Barber, to approve the Agenda. A voice vote was taken and the motion was approved. VIII. Minutes A. MOT 17-148 Motion to Approve Minutes from January 17, 2017 Regular Meeting and January 23, 2017 Special Meeting of the Village Board. It was moved by Village Trustee Tucker, seconded by Village Trustee Lueck, to approve the Minutes. A voice vote was taken and the motion was approved. Village of Oak Park Page 1 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 IX. Non-Agenda Public Comment X. Village Manager Reports B. ID 17-411 Review of the Village Board Meeting Calendars for February, March and April 2017 Village Manager Pavlicek noted that Village Trustee Brewer is participating in the meeting by phone, pursuant to the Village's electronic attendance policy. Comments regarding the I-290 environmental impact are due by February 13 in order to submit them to IDOT. She also noted that the meeting calendars for February, March and April are in the Board packets and on line and to advise her of any conflicts. XI. Village Board Committees Village Trustee Lueck spoke about the all-candidates forum hosted by the I-Gov Committee this past Saturday. XII. Citizen Commission Vacancies C. ID 17-417 Board and Commission Vacancy Report for February 6, 2017. There were no comments. XIII. Consent Agenda Approval of the Consent Agenda It was moved by Village Trustee Tucker, seconded by Village Trustee Button Ott, to approve the Items under the the Consent Agenda. The motion was approved. The roll call was as follows: AYES: 7- Village Trustee Salzman, Village President Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 0 D. RES 17-446 A Resolution Authorizing the Use of Motor Fuel Tax Funds for Maintenance of Streets in the Village of Oak Park for the 2017 Fiscal Year This Resolution was adopted. E. RES 17-447 A Resolution Approving the Purchase of Two 2017 Dodge Charger Vehicles with Police Packages from Napleton Dodge of Westmont, Illinois through the Suburban Purchasing Cooperative (SPC) Joint Purchasing Program in an Amount not to Exceed $49,438.00 and Waiving the Village’s Bid Process for the Purchase This Resolution was adopted. Village of Oak Park Page 2 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 F. RES 17-448 A Resolution Approving a Purchase Price Agreement with HD Supply Waterworks Group, Inc. for Materials for Installation and Repair of Water Mains, Fire Hydrants, Water Services and Sewer Services in an amount not to exceed $75,000.00 in Fiscal Year 2017 and Authorizing its Execution This Resolution was adopted. G. RES 17-449 A Resolution Approving the Purchase of Three 2017 Ford Utility Police Vehicles with Police Packages from Currie Motors of Frankfort, Illinois through the Suburban Purchasing Cooperative (SPC) Joint Purchasing Program in an Amount not to Exceed $88,482.00 and Waiving the Village’s Bid Process for the Purchase This Resolution was adopted. H. RES 17-450 A Resolution Approving a Water Meter and Water Meter Parts Purchase Agreement with Ferguson Enterprises Inc., d/b/a Ferguson Waterworks in an Amount not to Exceed $271,500.00, Authorizing its Execution and Waiving the Village’s Bid Process for the Agreement This Resolution was adopted. I. RES 17-451 A Resolution Approving a Professional Services Agreement with Ferguson Enterprises Inc., d/b/a Ferguson Waterworks in an amount not to exceed $28,500.00 for Administrative Support for the Village’s Water Meter Change Out Program in 2017, Authorizing its Execution and Waiving the Village’s Bid Process This Resolution was adopted. J. RES 17-452 A Resolution Authorizing the Submission of an Application with the Federal Emergency Management Agency for an Assistance to Firefighters Grant for for a Wellness/Fitness Program for Village Firefighters in the Amount of $10,763.00 This Resolution was adopted. K. RES 17-454 A Resolution Approving the Purchase of One 2017 Ford F250 Pickup Truck with Plow and Compressed Natural Gas (CNG) Conversion Kit from Currie Motors of Frankfort, Illinois through the Suburban Purchasing Cooperative (SPC) Joint Purchasing Program in an Amount Not to Exceed $42,689.00 and Waiving the Village’s Bid Process for the Purchase This Resolution was adopted. L. RES 17-458 A Resolution Approving the Purchase of one 2017 Ford Transit Connect Cargo Van from Currie Motors of Frankfort, Illinois through the Suburban Purchasing Cooperative (SPC) Joint Purchasing Program in an Amount Not to Exceed $20,631.00 and Waiving the Village’s Bid Process for the Purchase This Resolution was adopted. Village of Oak Park Page 3 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 M. RES 17-459 A Resolution Approving the Purchase of One 2017 Ford Escape Vehicle from Currie Motors of Frankfort, Illinois through the Suburban Purchasing Cooperative (SPC) Joint Purchasing Program in an Amount Not to Exceed $18,946.00 and Waiving the Village’s Bid Process for the Purchase This Resolution was adopted. N. RES 17-460 A Resolution Approving the Purchase of Three 2017 Ford Fusion Hybrid Sedans from Roesch Ford of Bensenville, Illinois through the Suburban Purchasing Cooperative (SPC) Joint Purchasing Program in an Amount Not to Exceed $69,909.00 and Waiving the Village’s Bid Process for the Purchase This Resolution was adopted. O. RES 17-463 A Resolution Approving the Engagement of Attorneys/Law Firms for Legal Services to be Performed on Behalf of the Village of Oak Park for the 2017 Fiscal Year. nd Overview This Resolution was adopted. P. ORD 17-176 An Ordinance Granting an Extension of a Use-Related Variance to Operate a General Office Use (District House LLC Sales Office) at 805 Lake Street until July 31, 2017 This Ordinance was adopted. Q. MOT 17-149 A Motion to approve extending the Valet Parking Services Agreement with SP Plus Corporation to Operate a Universal Valet Parking Program in the Downtown Oak Park Area for One Year and direct staff to prepare the necessary actions for formal approval at the February 21, 2017 Village Board meeting. This Motion was approved. R. RES 17-475 A Resolution Approving a New Section VII (“Leaves of Absences”) to the Personnel Manual for the Village of Oak Park This Resolution was adopted. S. RES 17-476 A Resolution Approving an Amendment to Appendix I (“Job Classification and Fair Labor Standards Act (FLSA) Status”) of the Personnel Manual for the Village of Oak Park This Resolution was adopted. T. RES 17-468 A Resolution Authorizing the Submission of an Application with the Federal Emergency Management Agency (FEMA) for a Staffing for Adequate Fire and Emergency Response (SAFER) Grant for Three New Firefighters/Paramedics Village of Oak Park Page 4 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 This Resolution was adopted. U. MOT 17-151 Motion to Accept Staff’s Recommendation to Upgrade from Two-Way STOP signs to All-Way STOP Signs on Marion Street and Erie Street and Direct Staff to Prepare the Necessary Ordinance This Motion was approved. V. MOT 17-147 Motion to Approve the Bills in the Amount of $2,815,863.67 from January 3, 2017 through January 31, 2017 This Motion was approved. W. MOT 17-146 A Motion to Approve the December 2016 Monthly Treasurer’s Report for All Funds This Motion was approved. XIV. Regular Agenda X. ORD 17-180 An Ordinance Amending Chapter 13 (“Human Rights”) of the Oak Park Village Code by Adding a new Article 7 (“Welcoming Village”) Village Manager Pavlicek stated that the Board discussed this matter at their January 17 Meeting. At that time, the Board provided staff with additional direction relative to the draft ordinance that had been prepared. Since then, staff has met with representatives of several human rights organizations and took into consideration the Board's comments and directions. Th ordinance presented tonight is legally viable and ready for adoption by the Board. Zerrin Bulut. Ms. Bulut spoke about her father's immigration to the United States from Turkey and stated that Oak Park must do what is right in regards to being a democracy. Rachel Wallace. Ms. Wallace stated she is the granddaughter of a Mexican immigrant, the daughter of an RN and a Navy Veteran and an RN herself. She knows the Board will do the right thing. Rev. Alan Taylor, President of the Community of Congregations. Rev. Taylor noted that at their last board meeting, members voted unanimously to publicly support a proposal that Oak Park become a sanctuary city. Bill Fillmore. Mr. Fillmore stated that he is an immigrant and 40-year resident of Oak Park. He thanked the Board for taking up this issue. Cate Readling. Ms. Readling spoke in favor of a strong ordinance that has no regard for Federal funds withheld. Anthony Clark, Founder of Suburban Unity Alliance. Mr. Clark used the analogy of a ripple effect from a pebble in a river to describe how this ordinance will set an example for other communities. Larry Moores. Mr. Moores stated that the description of Verbal Abuse in the ordinance should be struck, as well as several other sections he perceives as being uncooperative Village of Oak Park Page 5 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 with the Federal government. Mory Ruiz Velasco, Director of PASO - West Suburban Action Project. Ms. Velasco stated that immigration is not about politics, but about human beings finding safety, security and a better life. By adopting this ordinance, Oak Park is being true to their historical values of equality, diversity and justice. Eduardo Munoz, Board Member of PASO - West Suburban Action Project. Mr. Munoz commented that this ordinance will directly impact him and his family. He stated that he grew up in fear, as he and his family are undocumented immigrants. He urged the Board to pass the ordinance and set an example for other communities. Ben Weinberg. Mr. Weinberg, a lifelong resident, stated he has never been involved in a Village political issue until now. He explained how this ordinance will make everyone safer. Jameel Abdul Rafia. Mr. Rafia spoke about doing the right thing in regards to this ordinance. Village Trustee Salzman thanked everyone for their comments. He stated that he is the son of an immigrant and that his father came to the US from Uruguay at age 13. His grandfather was also a refugee from Nazi occupied Lithuania and came here at 16. It makes perfect sense that Oak Park should lead on this issue and put forth the most protective and assertive ordinance possible. He discussed emails received by the Board in favor of and opposed to the ordinance. The argument that this will make the Village less safe couldn't be further from the truth, as many immigrants will keep a low profile for fear of deportation and hinder police from doing their jobs. Another argument is in relation to losing resources from the Federal government and he understands that concern. However, several institutions have already questioned the legality and constitutionality of that. In addition, the White House does not have the statutory authority of legal mechanism to suspend Federal grants to Sanctuary Cities. Should they attempt to do this, Oak Park has many allies, including the City of Chicago. Trustee Salzman stated that he is proud to support this ordinance. Village Trustee Button Ott stated that many people are living in fear and anxiety over the state of our nation. To protect all of the people who live in the Village is a daunting task under the current administration, but is necessary now more than ever. She believes that all people, including immigrants, minorities and those with a less than pristine record deserve to have their human rights protected regardless of the cost. Village Trustee Ott also commented that the collaboration between staff and citizen advocacy groups regarding this ordinance should be a model for future policy making. The ordinance is something that the Village can and should be proud of and she wholeheartedly supports it. Village Trustee Tucker thanked staff, especially Village Manager Pavlicek and Village Attorney Paul Stephanides for their work on the ordinance. He stated that this is American democracy at its very best. Oak Park is sending the message that they will not accept differential treatment of immigrants or deportation loopholes. Village Trustee Brewer stated that he works with issues of inclusion on a daily basis and knows how important that is to people. This ordinance provides a layer of protection that is important to provide. He often finds that when people live in the shadows in fear, they can easily become victims of crime. If they know they are protected, they will work with the police and report crime. The Village wants to make sure that one's immigration Village of Oak Park Page 6 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 status does not affect their ability to feel safe. Village Trustee Barber also thanked staff. He stated that during the last Board discussion they agreed that they wanted something strong, and what is in front of them tonight is beyond his expectations. He also spoke about the process and agreed with Trustee Button Ott's comment regarding replicating it with future ordinances. He read an email written by a resident noting that not making Oak Park a Sanctuary City is going against Oak Park's values. He read another resident's email asking to pass a strong ordinance so that Oak Park does not become a community of papers and families disappearing in the night. Village Trustee Barber spoke about how a similar brave stand was taken back in the 1960's to make the community what it is today so that he can sit as a Black member of the Board. It may hurt the Village if Federal funds do get withheld, however, those issues will be dealt with. What is important is to keep Oak Park the way it is. Village Trustee Lueck thanked staff as well for working so diligently to craft an ordinance that gives the Village the best chance of aligning with other communities in a legal fight, as well as keeping on the right side of the Federal law while working to compromise and listen to the concerns of residents. She stated that there have been several calls to the Board to be courageous but does not consider this one of them, as this is supported by residents. They have given the Board direction as to what they want as a community and it is the Board's job to respond as their representatives to what it is they want. She spoke about her family history and how they came from four parts of the world with different cultures and views. The learned how to be part of an American story, and she wishes that for everyone who comes here. That path should be made as easy for them as it possibly can be. Village President Abu-Taleb asked Chief of Police Anthony Ambrose to address the issue of public safety not being minimized because of this ordinance. Chief Ambrose stated that the police will continue to use the Oak Park model of treating everyone with dignity and respect. He supports the ordinance. Village President Abu-Taleb then asked Village Attorney Stephanides if he is comfortable with this ordinance. Mr. Stephanides said that he is; the Village will be able to provide the safeguards within the ordinance and still comply with Federal law. Village President Abu-Taleb thanked staff for their work on this ordinance and for their collaboration with the Board and citizen advocacy groups. He stated that he was born and raised in a Muslim home and community. Like many of those present, he is an immigrant and he is an American. He moved to the US seeking the opportunity to live in peace and to be treated equally. He spoke about American values and how they are at odds with the current administration's policies. America should not be a place where leaders promote hate. We are a tolerant nation of inclusion and immigrants and no one single person or administration should have the right to destroy our values. This country belongs to all of us. State Representative Camille Lilly congratulated the Village and thanked the Board for adopting this ordinance. 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: 7- Village Trustee Salzman, Village President Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 Village of Oak Park Page 7 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 ABSENT: 0 Y. ORD 17-179 Concur with the Historic Preservation Commission and Adopt an Ordinance Denying a Certificate of Appropriateness for the Property Located at South Kenilworth Avenue Village Manager Pavlicek stated that the Historic Preservation Commission (HPC) reviewed a request for a Certificate of Appropriateness for an addition onto a home. There was not a majority of yes votes but a 4-4 vote to deny it. The applicant has filed an appeal which is provided for in the Village Code and the Village Board makes a determination on that. She noted that staff always puts these forward as a motion to support the decision of the commission that it was introduced to. However, prior to voting, staff will take Board direction to make any modifications to the recommended action. Dan Moroney, representing the HPC. Mr. Moroney explained why he is in favor of granting a Certificate of Appropriateness to the homeowners. He is also not willing to affect their right to fully maximize the value of their home, not only financially but in their ability to raise their family in this home. Cristen Vincent. Ms Vincent lives across the street from the applicants and spoke in favor of granting the certificate. Chair of the HPC Chris Payne discussed why he voted against this. By putting the addition on the side of the building, it is removing one of the defining characteristics of this style of home. He also had concerns regarding the scale of the addition, as it is near the front of the home. If it were near the back, it would be less concerning. Village Trustee Tucker, who is Trustee Liaison to the HPC was present at that meeting. He noted that his colleagues usually give deference to the commissions since they are familiar with the details and are subject matter experts. However, in this case he is going to vote no, as he believes the applicants should be able to build their addition. It fits the context of that block very well. The applicants have expressed great sensitivity to historic preservation in the past. There are approximately 25 letters of support from the neighbors, which is a testament to there not being any opposition. In addition, the vote ended in a tie and at least 6 votes on either side would be needed to carry the motion. Village Trustee Barber asked if sending this back for all eleven members to vote would result in the same conclusion. Mr. Payne thought it most likely would. He explained that a Certificate of Appropriateness is always initiated when doing some type of demolition or alteration to a historic property. Village Trustee Barber asked if the house would be removed from the historic register if the addition was approved and the magnitude of this decision. Mr. Payne noted a case where a home was removed from landmark status, as it bore no resemblance to the original structure after remodeling. That would not be the case in this instance. However, since it is in a historic district, approving the remodeling of too many properties would change the character of the district. He expressed concern that this would set a precedent for bigger projects. Village Manager Pavlicek clarified that the house itself does not have local or Federal landmark status, it is just in a historic district. Mr. Payne explained the difference between a historic landmark and a historic district. Village President Abu-Taleb commented that he drove by the property today and thought that the addition would look great. Village of Oak Park Page 8 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 Village Trustee Lueck drove by as well. She asked if the bay was important enough to do an addition that blocks the view of the neighbor's backyard and what is the better tradeoff. She stated that the proposed addition looks much better than what they would do if this was not approved. The loss of the bay is a compromise for a better product. The bay is not significant enough, even though it is a character defining feature. Village Trustee Button Ott agreed with Village Trustee Tucker to oppose the HPC's decision. She asked Mr. Payne to describe what exactly a character defining feature is. He explained that the angular bay, although obscured by the porch addition, is a character defining feature of the property. Village Trustee Salzman discussed amending the motion, noting that with a 4-4 vote practical considerations need to be taken into account. He was in favor of approving the certificate. Village Trustee Brewer asked Mr. Payne to explain how the proposed addition would disrupt the dichotomy of the late 19th century, early 20th century in the Finding of Facts. Mr. Payne stated that this refers to the variety of architecture in the district; that the addition would make it look look more modern and upset the balance of architecture. It was moved by Village Trustee Barber, seconded by Village Trustee Salzman, to amend the ordinance on its face and approve the Certificate of Appropriateness. The motion was approved. The roll call on the vote was as follows: AYES: 7- Village Trustee Salzman, Village President Abu-Taleb, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Brewer, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 0 XV. Regular Agenda for Items Pursuant to Village Code Chapter 2 Alcoholic Liquor Dealers or Related (President Pro-Tem Trustee Lueck) Village Trustee Brewer left the Meeting. Village President Abu-Taleb recused himself from the Meeting and the following Item was presided over by President Pro Tem Lueck. AA. ORD 17-182 An Ordinance Amending Chapter 3 (“Alcoholic Liquor Dealers”), Article 8 (“List of Licenses for Each License Class”) 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-4 Liquor License to Obsessed Kitchen and Bar, LLC, DBA Obsessed Kitchen and Bar Village Trustee Salzman stated that this is the new owner of the space formerly belonging to Kinderhook Tap. Village Attorney Stephanides stated that the Liquor Control Review Board unanimously recommended this for approval. The owner of Obsessed Kitchen and Bar also owns Food Obsession. He spoke about his new restaurant and answered questions from the Board. He noted that all his bartenders ar BASSET trained, although he is looking to make this a more family friendly Village of Oak Park Page 9 Printed on 2/22/2017 President and Board of Trustees Meeting Minutes February 6, 2017 atmosphere. He is hoping to open in the beginning of March. 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: 5- Village Trustee Salzman, Village Trustee Button Ott, Village Trustee Lueck, Village Trustee Barber, and Village Trustee Tucker NAYS: 0 ABSENT: 1- Village Trustee Brewer ABSTAINED: 1- Village President Abu-Taleb XVI. Call to Board and Clerk Village President Abu-Taleb rejoined the Meeting. Village Clerk Powell announced that there is still time to register to vote in the April election. Village Trustee Tucker referred to the Welcoming Ordinance and suggested perhaps A Day of Resistance and coordinating that with A Day in Our Village. Village Trustee Barber liked that idea but suggested calling it something more positive. XVII. Adjourn It was moved by Village Trustee Tucker, seconded by Village Trustee Salzman, to adjourn. A voice vote was taken and the motion was approved. Meeting adjourned at 9:43 P.M., Monday, February 6, 2017. Respectfully Submitted, MaryAnn Schoenneman Deputy Village Clerk Village of Oak Park Page 10 Printed on 2/22/2017