123 Madison Street

Oak Park, Illinois 60302

www.oak-park.us

Village of Oak Park

Meeting Minutes

President and Board of Trustees

Monday, November 7, 2022

6:30 PM

Village Hall

I. Call to Order

Village President Scaman called the meeting to order at 6:34 P.M.

II. Roll Call

7 -

Present:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, Village Trustee Taglia, and Village

Trustee Wesley

Absent:

III. Agenda Approval

It was moved by Trustee Wesley, seconded by Trustee Taglia, to approve the

Agenda. A voice vote was taken and the motion was approved.

IV. Minutes

ID 22-375

Motion to Approve Minutes from Regular Meeting of October 17, 2022 and

Special Meeting of October 25, 2022 of the Village Board.

It was moved by Trustee Wesley, seconded by Trustee Enyia, to approve the

Minutes. A voice vote was taken and the motion was approved.

V. Non-Agenda Public Comment

There were no Non-Agenda Public Comments.

VI. Village Manager Reports

ID 22-379

Review of the Revised Village Board Meeting Calendar for November and

December 2022

Village Manager Jackson presented the Board of Trustees calendar for

November and December.

VII. Village Board Committees & Trustee Liaison Commission Reports

There were no comments.

VIII. Citizen Commission Vacancies

ID 22-376

Board & Commission Vacancy Report for November 7, 2022.

There were no comments.

IX. Citizen Commission Appointments, Reappointments and Chair Appointments

ID 22-377

Motion to Consent to the Village President’s Appointment of:

Aging in Place Commission - Carl Spight, Appoint as Member

Aging in Place Commission - George Bailey, Appoint as Member

Community Design Commission - Julia Kuhn, Reappoint as Member

Disability Access Commission - Emily Lloyd, Appoint as Member

Environment & Energy Commission - Emily Neumann, Appoint as Member

Environment & Energy Commission - Madisyn Burke, Appoint as Member

Farmers Market Commission - Britta Cochran, Appoint as Member

Liquor Control Review Board - Melody Kratz, Appoint as Member

Transportation Commission - Julie Johnston-Ahlen, Appoint as Member

Village Clerk Waters read the names aloud.

It was moved by Trustee Buchanan, seconded by Trustee Enyia, to approve the

Report. The motion was approved. The roll call on the vote was as follows:

7 -

AYES:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, Village Trustee Taglia, and Village

Trustee Wesley

NAYS:

ABSENT:

X. Public Hearing

ID 22-132

Truth in Taxation Public Hearing for the Proposed Tax Year 2022 Property

Tax Levy

President Scaman called the Public Hearing to Order at 6:39 P.M.

Village Attorney Paul Stephanides stated that "Notice of the Hearing was

published by law in the Wednesday Journal on October 26, 2022."

There were no Public Comments.

Manager Jackson introduced CFO Steve Drazner.

CFO Drazner presented an overview of the tax levy in the proposed

budget.

Trustee Parakkat asked about the corporate levy increase. CFO Drazner

responded that because of the decrease of $1.4M for the police and fire

pensions due to an actuarial assumption change, that amount was diverted

to the general fund in order to provide a balanced budget without any

increase from the Village for next year.

Trustee Wesley asked if there is an opportunity to offset some of the

one-time spending in the corporate levy with reserves so as not to levy for

spending that won't recur next year. CFO Drazner responded that it is the

Village Board's discretion to adjust the levy. He recommends keeping the

levy flat as the pension funds are still 40% to 50% under-funded and

depend on how the market performs. If the Village Board were to reduce

the levy, they would have to increase it at a higher incremental rate in the

future to offset that.

Trustee Taglia requested more details about the $2M increase in overall

spending next year, which he thinks is a lot. Manager Jackson said the staff

are working on a detailed analysis. CFO Drazner responded that the

majority of the increase is built into the budget as part of contractual salary

increases through the bargaining units. Trustee Parakkat said a $2M

increase represents a 5% or 6% levy increase.

President Scaman asked for an explanation as to why the tax levy

conversation is happening now. CFO Drazner responded that the Village is

legally not required to have this truth in taxation hearing because the

increase is well below the 5% threshold. The Village decided to have the

hearing for transparency as has been done for several years. The Village

Board has the ability to change the levy amount or any part of the budget

until it is adopted, which is scheduled for December 5.

President Scaman asked if any members of the public wanted to comment

on the proposed tax levy. There were no comments. She requested a

motion to adjourn the Public Hearing.

It was moved by Trustee Robinson, seconded by Trustee Wesley, to

adjourn the Public Hearing. The motion was approved. The roll call on the

vote was as follows:

AYES: 7 - President Scaman, Trustee Buchanan, Trustee Enyia, Trustee

Parakkat, Trustee Robinson, Trustee Taglia, and Trustee Wesley

NAYS: 0

ABSENT: 0

This Presentation was approved.

First Reading

ORD 22-74

First Reading of an Ordinance Establishing the Annual Building and

Construction Permit Fees and the Zoning Application Fees of the Village of

Oak Park

Manager Jackson introduced Director of Development Customer Services

Tammie Grossman.

Director Grossman introduced Permit Services Supervisor Stacy Dexter

and presented the annual review of the Village's building permit fees.

ORD 22-77

First Reading of an Ordinance Amending Chapter 15 (“Motor Vehicles and

Traffic”), Article 3 (“Parking Meters, Parking Permits and Municipal

Attendant Parking Lots”), Section 15-3-18 (“Parking Rates; Parking Meters,

Pay By Space Machines, Village Operated Parking Structures, Permit,

Extended Pass, Valet and Daytime On Street Permit Parking”) of the Oak

Park Village Code

Manager Jackson said this item is to follow up on the direction previously

provided by the Village Board. He introduced Parking and Mobility

Services Manager Sean Keane and Director Grossman.

Manager Keane gave a presentation on the Village parking fund that was

also given to the business community on November 4.

Jason Smith, co-owner of The Book Table: Lives at 949 Lake and parks at

the Lake and Forest garage. Requested the Village Board stop removing

Village services it already gives business owners and stop chipping away

at parking downtown. Parking used to be free Saturdays and Sundays. 30

minutes free in a garage is not enough time to do anything. The more time

customers spend downtown, the more sales taxes will be collected from

their shopping.

Michael Schiff, owner of Stride: His members have told him they'll be gone

because they have other options that offer free parking. He feels blindsided

as a member of the business community. He asked on the call last Friday if

the revenue projections accounted for fewer cars. The response was an

expected 50% attrition rate which is a high number. Fewer cars will lead to

fewer customers. The Village needs to promote business and not create

obstacles.

Mike Fox, owner and operator of the Carleton Hotel and president of

DTOP: He previously served on the parking committee which had the

Village's first ever major increase from 25 cents to $1.50. The public went

insane with anger and the committee ended up cutting the increase in half.

This is a significant change and we need time to go through the numbers.

The garages are never going to be able to generate enough revenue to pay

the debt.

Rob Guenthner on behalf of the OPRF Chamber: Concerned with the

reduction of free parking in garages from 90 to 30 minutes, which is not

enough time. Requests the Village Board to direct staff to revise the

ordinance to retain the 90-minute free parking. The revenue impacts will

likely be smaller because the garages are underutilized. The Business

Advisory Council was not made aware of the proposal until a staff

recommendation had already been made. Asks the Village to try to ensure

transparency and visibility in matters like parking.

Trustee Taglia asked if the garage data was based on 2019 revenue.

Manager Keane confirmed the Village analysis was based on 2019

revenue and was adjusted to take other factors into account.

Trustee Robinson asked if 2019 was the last increase. Manager Keane

confirmed and said that 2019 was chosen because it was pre-COVID.

2020 and 2021 saw no increases. In 2019 the Village Board approved a

$2 increase to permit fees to recoup transaction fees from Passport.

Trustee Buchanan said the Village Board has not received feedback from

the meeting with the business community. Manager Keane said the

Business Association Council meeting on November 4 was recorded.

Director Grossman added that the same feedback was heard tonight as

was in the meeting.

Trustee Robinson asked if the roll-out would be January 1, 2023. Manager

Keane confirmed.

Trustee Buchanan expressed concern that the Village Board did not hear

feedback from the businesses or it seemed they were not included in the

planning. She said she agrees about meter rates moving people into the

garages and she likes that the employee discount has not changed. In light

of feedback from businesses and a possible COVID surge, she proposed

moving this back until at least April 1. President Scaman asked if she

wanted to postpone the decision or the start time. Trustee Buchanan said

she wanted to hear from other Trustees.

Trustee Wesley said he agrees with Trustee Buchanan about pushing it

back. He expressed concerns using 2019 data and wondered if

postponing the decision could allow for the use of 2022 data. He said he

thinks the business community should have been involved sooner. He said

he understands the garages are seriously underwater though he thinks the

Village can wait a little longer to get there.

President Scaman said that communication can always be improved and

that staff made the proposal in response to the Village Board's request to

balance this fund. She asked what impact postponing the start date would

have on the budget. Manager Jackson responded that staff will do the

calculations and follow up with that information.

Trustee Taglia said the Village Board had unanimous consent at the

October 3 meeting and discussed that the Village is losing $2M annually

year in this bankrupt enterprise fund that is still underwriting a significant

amount of garage operations. The debt will roll off in 10-15 more years but

right now the Village has to shoulder that debt and will still have a $1M

annual loss. He said he thinks postponing puts a wrench in the whole thing

and a decision needs to be made. He said he does not think people will

stop shopping in Oak Park if they have to pay $1 to park. The Village

Board has a fiduciary obligation and delaying this decision may result in a

bigger problem later.

President Scaman said she regrets that she was not able to participate in

the previous conversation. She said she wants the Village Board to have all

of the information from the staff and business owners in making decisions

that affect people's lives and livelihood. The Village Board has the ability to

change its mind and should always be active listeners and be willing to

learn and digest the information.

Trustee Buchanan asked why the garages are an enterprise fund. Manager

Jackson responded that it is the typical business model in most cities to

offset the cost of building and maintaining the infrastructure. Trustee

Buchanan repeated her support of the increased meter rates now and

clarified that the reason for wanting to now postpone the garages is

because the Village Board has now heard feedback from the business

owners.

Trustee Parakkat said he sees the deficit view of the parking fund which is

only being filled by ARPA funds. A $3M deficit in an enterprise fund is not a

great place to be. The choice to make is whether to bridge the deficit on

the backs of taxpayers or on service users. He said he thinks it needs to be

somewhere in the middle and this proposal gets close enough to bridging

the gap. He said now is as good a time as any to make a decision.

Trustee Enyia agreed that 30 minutes is not enough time and he favors

keeping it at 90 minutes. He said he supports postponing this to later in the

year to be able to use 2022 data and take the feedback from the business

community.

Trustee Wesley asked if the Village has explored increasing rates after first

90 minutes from say $2/hour to $4/hour and how that would impact the

budget. Director Grossman responded that it would also have to raise the

meter rates because they have to work in tandem or else people won't park

in the garages. She suggested reframing the dialogue away from free

parking to parking for 2.5 hours for only $2.00, which has not changed.

Trustee Robinson agreed with the need to refocus the conversation. The

Board has a fiscal responsibility and there is a symmetry to using revenue

from parking to pay debt from parking. Rates may need to be raised

whether it is an enterprise fund or not. She said she likes the 30 minutes

because there is a fairness to spreading out cost that is commensurate

with usage and more equitable. Her preference is to focus ARPA or other

funds on more directly assisting the businesses. She said it makes sense

to her to use 2019 numbers and staff have provided a sound analysis.

Trustee Parakkat said there is a sustainability benefit that more people will

walk into downtown instead of drive. He asked if the 30 minutes is really 45

minutes with a grace period. Director Grossman responded that the first 30

minutes are free and then there is a 15-minute window after paying at the

kiosk to exit the garage.

Trustee Taglia said he thinks it will be a greater loss to the community to

postpone this decision. He suggested a compromise of 45 minutes of free

parking, which would be another $100K in losses.

Trustee Wesley suggested a compromise of 60 minutes of free parking

making the decision now.

Trustee Buchanan said supports the 45 minutes of free parking and

making the decision now.

President Scaman and Trustee Enyia supported the 60 minutes of free

parking.

Trustee Parakkat said he supports a compromise if it is something the

Village can live with in the future. He said he supports 45 minutes of free

parking to capture as much revenue as possible and then monitor it going

forward.

President Scaman said staff initially proposed 60 minutes of free parking

to collect data and get feedback from the business community. She said

she feels unprepared to make the decision tonight because she has not

received enough information from the business community, who she wants

to engage with in Q1.

Trustee Robinson said she favors the 45 minutes of free parking and wants

to be specific about what data points are being sought.

Trustee Parakkat said monitoring data and making adjustments will help

the business community.

President Scaman determined the Village Board has consensus for 45

minutes of free parking effective January 1 and will ask staff to provide

information about rate adjustments after the free parking period to the

Village Board at the November 21 meeting. She said there is a belief that

store employees are using the meters. Increasing the rates for parking after

a few hours would push employees to the garages to free up the meters for

short-term shoppers.

XI. Consent Agenda

Trustee Buchanan requested Item U be moved from the Consent Agenda

to the Regular Agenda.

Approval of the Consent Agenda

It was moved by Village Trustee Buchanan, seconded by Village Trustee Wesley,

to approve the items under the Consent Agenda as amended. The motion was

approved. The roll call on the vote was as follows:

7 -

AYES:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, Village Trustee Taglia, and Village

Trustee Wesley

NAYS:

ABSENT:

RES 22-274

A Resolution Approving an Amendment to the Professional Services

Agreement with Chastain & Associates LLC for Permit Plan Review and

Inspection Services for the Public Works Department to Change the Not to

Exceed Amount from $175,000 to $205,000 and Authorizing its Execution

This Resolution was adopted.

RES 22-275

RES 22-279

A Resolution Authorizing the Submission of a Metropolitan Water

Reclamation District of Greater Chicago Stormwater Partnership Program

Application for the Lombard Avenue Relief Sewer Project

This Resolution was adopted.

A Resolution Approving a Revised 2022 Illinois Project for Local Assessment of

Needs (IPLAN) Five-Year Community Health Plan as Recommended by the Board of

Health and as Directed by the Village Board at the October 17, 2022 Board Meeting

and Authorizing Submission of the IPLAN to the Illinois Department of Public Health

This Resolution was adopted.

RES 22-280

RES 22-261

A Resolution Authorizing the Execution of a Settlement Agreement in

Workers’ Compensation Case No. 2021 WC 11938

This Resolution was adopted.

A Resolution Approving an Independent Contractor Agreement with CD,

LLC, d/b/a Carbon Day Automotive for the Purchase and Installation of

Two (2) Dual Electric Vehicle Charging Stations for The Avenue Parking

Garage and Two (2) Dual Electric Vehicle Charging Stations for Lot #10 in an

Amount Not To Exceed $52,973.00, Authorizing Its Execution and Waiving

the Village’s Bid Process.

This Resolution was adopted.

RES 22-231

RES 22-269

A Resolution Authorizing the Release of the Draft Program Year 2021

Consolidated Annual Performance and Evaluation Report (CAPER) for a

Comment Period and Approval Thereafter

This Resolution was adopted.

A Resolution Authorizing Subordination of a Lien for the Property Located

at 1016 South Harvey Avenue (BPIP-026)

This Resolution was adopted.

RES 22-270

RES 22-271

ORD 22-78

A Resolution Authorizing Subordination of a Lien for the Property Located

at 822 South Austin Boulevard (MSA 2201-G)

This Resolution was adopted.

A Resolution Authorizing Subordination of a Lien for the Property Located

at 834 South Austin Boulevard (MSA 2202-G)

This Resolution was adopted.

An Ordinance Updating and Replacing the Map Codified as Part of Section

15-1-26 of the Oak Park Village Code to Reflect the Village’s Current Time

Restrictions, Time Limits, and Prohibited Parking Areas

This Ordinance was adopted.

ORD 22-76

ORD 22-84

RES 22-242

An Ordinance Amending Chapter 8 (“Business Licensing”), Article 40

(“Short-Term Rentals”), Section 8-40-1 (“Definitions”) of the Oak Park

Village Code

This Ordinance was adopted.

An Ordinance Amending Chapter 20 (“Public Health”), Article 2 (“Board of

Health”), Section 20-2-1 (“Establishment; Term of Members”) of the Oak

Park Village Code

This Ordinance was adopted.

A Resolution Approving a Purchase Price Agreement with Traffic Logix

Corporation for the Purchase of Eight Portable Speed Radar Signs and

Equipment with a Four-Year Software License in an Amount not to Exceed

$32,080 and Authorizing its Execution

This Resolution was adopted.

ID 22-381

Monthly Report on Board Goals

This Report was received and filed.

XII. Regular Agenda

ORD 22-75

Concur with the Plan Commission’s Recommendation and Adopt an

Ordinance Granting a Special Use Permit for a Major Planned Development

Containing a Five-Story Mixed Use Building Consisting of Residential

Dwelling Units, Commercial Space and Parking at the Property Located at

839 Madison Street

Manager Jackson introduced Village Planner Craig Failor.

Planner Failor presented the plan development for a mixed use

development with 24 residential units and 920 square feet of commercial

space on Madison Street at Carpenter Avenue.

Trustee Buchanan said she wanted to hear from the developer about the

building's sustainability plans building before voting. She consulted with the

Plan Commission who approved it unanimously.

Charles Hoch manages the Oak Park Co-Housing LLC which consists of

eight households. This is a five-story building with a common area on the

fifth floor. It is a socially motivated development that is committed to

sustainability. The challenge is to make it affordable to middle-income

households. Heating water proved to be extremely challenging and created

a hardship for pricing, so the decision was made to build the conduit to the

solar panels on the roof. The building will be silver and exceed Village

standards for environmental sustainability.

Trustee Buchanan asked if both the heating and air conditioning would be

fully electric. Developer Hoch confirmed and said just the water will be gas

and will be on the roof.

Trustee Robinson asked about the 8' 3" height. Developer Hoch

responded that the largest units are planned for the front of the building and

the additional height is needed to meet the architectural requirements.

Trustee Robinson asked if the building will have an elevator. Developer

Hoch confirmed that it will.

Trustee Parakkat said he supports the effort.

Developer Hoch said the roof garden will be designed for vegetable

gardening and passive use, with the idea to build a sense of community

and invite year-round use of that space.

Trustee Wesley thanked the developer for his innovation and said he

supports the project.

Trustee Enyia agreed with Trustees Parakkat and Wesley and said other

communities can look to Oak Park at this unique and thoughtful co-living

model. This is what the Village Board wants to see when it talks about a

future forward-thinking community.

Trustee Taglia said he thinks it is a great idea and wishes the developer

success.

President Scaman said it is exciting for the community and she is grateful

for the members who have been part of the planning.

It was moved by Trustee Wesley, seconded by Trustee Taglia, to adopt the

Ordinance. The motion was approved. The roll call on the vote was as follows:

7 -

AYES:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, Village Trustee Taglia, and Village

Trustee Wesley

NAYS:

ABSENT:

ID 22-350

Presentation Regarding Rank Choice Voting

League of Women Voters of Oak Park and River Forest (LWV)

Co-President Peggy Kell introduced Fair Vote Illinois Executive Director

Andrew Szilva. She gave an educational presentation on ranked choice

voting (RCV).

Trustee Taglia requested the deadline for moving this forward. Village

Attorney Paul Stephanides responded that the Village Board has to adopt

a resolution to put it on the April ballot in either December or January,

which would be a binding referendum. Director Szilva said it would be 78

days prior to the election but doing it sooner would allow for voter education

and outreach. Trustee Taglia said if residents are asking for this, they

should decide and he would like to see it on the agenda because he thinks

it is worthy and exciting.

Trustee Parakkat clarified that the Village Board is not making the

decision; it is allowing the residents to make the decision for the

community and future and he supports putting it on the April ballot.

Trustee Robinson asked what the issue is in Oak Park that RCV is meant

to be a solution to. Co-President Kell said Oak Park always seems to be

on the cutting edge and this would be another way for Oak Park to lead the

way in a fair way to have its citizens choose their elected officials. Trustee

Robinson asked if it could be made an advisory referendum rather than a

binding referendum. Attorney Stephanides responded that the Village

Board can decide to do an advisory referendum to take the pulse of the

community or it can do a binding one that would be in place for future

elections.

Trustee Robinson said the presentation was a good primer but way more

education is needed. Co-President Kell clarified that it would not go into

effect until the 2024 municipal election. Trustee Robinson said she thinks it

should be an advisory referendum which would not prohibit the push for

education and encouraging voter turnout. Co-President Kell offered to

provide more presentations to the Village Board. She clarified that right

now it can only apply to the Village Board as a home rule community. It

cannot apply to school districts, park boards, or library boards. Trustee

Robinson said she would not be persuaded by how Evanston votes for

RCV.

Trustee Buchanan asked if the decision would have to come from a

referendum. Attorney Stephanides responded that it would have to be a

binding referendum. He said there is a conflict with state law on RCV

though home rule communities have the authority if the Village Board is

interested in it. President Scaman requested Attorney Stephanides to

provide a memo to the Village Board on that piece.

Trustee Buchanan referenced an email the Village Board received about

the June 2021 election in Portland, Maine. A candidate was elected with

only 4% of the vote heading into the run-offs and defeated another

candidate who had the second-most votes out of the nine candidates, with

four at-large seats on the ballot. Co-President Kell said candidates have to

get 50% of the vote plus one to win. Director Szilva said that is unlikely and

there may be an error. He said he will look into it. President Scaman said

she will share the article with Director Szilva.

Trustee Wesley said he is a fan of RCV though he worries because it

would only apply to Village Board elections and not the other five

governments, which he said he sees as an undue burden on voters.

Co-President Kell said she believes Oak Park voters are smart and there

is more than enough time to explain it to them and the state may decide to

give RCV to all boards during that time. Trustee Wesley said he would be

much more in favor of it if the state blessed it for all elections so the

education would only have to be done once.

Trustee Enyia said he thinks education is the biggest key and there can be

a lot of room for confusion at the ballot box. Giving residents that education

will get them feeling more comfortable and is a step in the right direction.

President Scaman said she thinks RCV is the future in the state of Illinois.

She said she is hearing from Trustees the desire to make this a binding

referendum. She would feel more comfortable having voters come to the

Village Board to ask for this. She asked who would be doing the education.

Co-President Kell responded that it would be a combination of LWV and

Fair Vote doing forums to get the word out.

Bruce Lehman added that they can do door-to-door literature handouts. A

2005 legal opinion from then attorney general Lisa Madigan stated that

RCV is legal in Illinois and a Chicago Tribune reporter checked with the

State Board of Elections who also confirmed RCV it is legal.

MOT 22-86

A Motion to Concur with the Oak Park Economic Development

Corporation’s (OPEDC) Recommendation to Enter Into a Sales Tax Rebate

Sharing Agreement with RRV Motor Cars II LLC (RRV), for the Purpose of

Attracting a Newly Constructed Polestar Dealership at 1047 Garfield Street

and Direct Staff to Prepare the Necessary Agreement

Manager Jackson introduced Director Grossman.

Director Grossman introduced Oak Park Economic Development

Corporation Executive Director John Lynch and Autobarn Volvo dealership

owner Richard Fisher.

Director Lynch provided an overview of the proposed new Polestar

dealership.

Trustee Taglia asked about the previous agreement that kicked in at $50M

in sales. Owner Fisher responded that at the time Volvo was struggling and

the previous owners had a $500K loan against their future sales tax sharing

earnings and negative equity in their buildings. The new owners bought the

dealership and overpaid for the real estate. The new owners agreed to do

$50M in sales first to prove they are not like the previous owners before

they start to earn anything.

Trustee Parakkat said he thinks it is time for Oak Park to lead in certain

things over Evanston and he is in support of this.

Trustee Enyia said he agreed with Trustee Parakkat in terms of leading.

He is aware that we are moving into an economy that needs to think about

sustainability. He said he thinks it is a good move for Oak Park.

Trustee Wesley said he agreed with Trustee Enyia. Owner Fisher said he

would like to make the Polestar dealership fully electric if it is possible in a

commercial building. It will have solar panels and be at least silver and it

will be very pretty.

Trustee Wesley noted the $50K net new property taxes to Oak Park and

$95K in new sales tax revenue for three years after operation and

escalating from there. Director Lynch confirmed those numbers.

Trustee Taglia asked what will happen in five years when Volvo stops

making gas vehicles. Owner Fisher said Volvo and Polestar will always be

separate brands. Trustee Taglia asked about the $3M in anticipated sales

annually. Director Lynch said the numbers are based on 2% for Oak Park

so those numbers go up significantly.

President Scaman said she welcomes Polestar to the Village and is

grateful for their commitment and to the future.

It was moved by Trustee Parakkat, seconded by Trustee Wesley, to approve the

Motion. The motion was approved. The roll call on the vote was as follows:

7 -

AYES:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, Village Trustee Taglia, and Village

Trustee Wesley

NAYS:

ABSENT:

ID 22-288

Presentation of the Leaf Blower Policy Analysis prepared by Metro

Strategies Group

Manager Jackson introduced Deputy Village Manager Ahmad Zayyad and

Sustainability Coordinator Marcella Bondie Keenan.

Coordinator Keenan provided a brief overview and then introduced Metro

Strategies Group (MSG) Principal Seema Wadia.

Principal Wadia gave a presentation to present some options for

gas-powered leaf blower regulations.

Matthew Gnabasik: He said the presentation did not include the residents.

He started a group to collect 944 signatures from May through early

November via online and at the Farmers' Market. 90% were Oak Park

residents. His colleague Kristi Sloniger sent the petition to the Village

Board via email. People want to see the ban implemented as soon as

possible. There are smaller subgroups concerned with equity and

sustainability.

Kristi Sloniger: She pointed to the comments attached to the petition

showing health concerns in addition to noise concerns. There are options

for education and incentives to address the landscapers and residents to

have a different relationship with their lawns. She suggests condensing the

two-year timeline starting next spring with restricted hours, approved

equipment, and outreach and education. Give warnings in the spring and

start enforcement in the fall. She recommended hiring an administrative

person.

Laura Derks: The Village did an excellent job with the Climate Ready Plan

and getting community input and the petition presented tonight reflects that.

Leaves do not cause harm and are not a public health threat. Leaves are

an aesthetic cultural value here and they help biodiversity and habitat. Huge

Bobcats and shovels are being used to move leaves. Recommends

spending the first year focused on education and the second year with fines

and giving people a place to report violations.

Deputy Manager Zayyad said that staff seek direction from the Village

Board on which options to move forward with to be able to come back to

the Village Board with a first reading of an ordinance.

Trustee Buchanan noted an NPR story about COP 27 and greenhouse

gases needing to fall immediately. She said this is an aesthetic issue, not a

public health issue.The Park District has transitioned and loves it. She is

sensitive to the equity issues and small landscapers and would like to

incentivize or have a rebate or have the cost passed onto the clients. She

would like an ordinance passed before next spring, education and

warnings in the spring, and start fining in a year.

Trustee Robinson said she thinks this is the first time the Village Board has

dove into the equity piece and she is encouraged by that. Urgency is not

about how quickly we can get things done, but how deliberately we can put

resources to doing things the right way so they are successful. She said the

Village Board needs DEI input from the equity piece and bilingual and

multilingual communications. Of the 10 communities she reviewed, seven

were phase-in/phase-out and three had immediate partial bans. She asked

about the average phase-in/phase-out time. Principal Wadia responded

that they range from 1-5 years. Evanston had a 21-month timeline. Glencoe

has a partial ban and is looking into a full ban.

Trustee Robinson said she is not willing to sacrifice speed for success.

She said she would like to see staff come back with shared education and

fines because the business/homeowners are not part of the transient nature

of this business and will be a way to get communication to the landscapers

and a shared fine structure may lead to greater compliance.

Trustee Parakkat said he thinks the Village Board is not trying to decide

whether to do this, but how quickly and with which constraints. The amount

of time the Village is willing to give reduces the amount of money needed

to spend. Principal Wadia said that was in terms of incentives specifically.

A more condensed timeline may want to step up the incentives to support

that transition. Trustee Parakkat asked about grants for incentives.

Principal Wadia responded that other communities were supported by

state grants. She recommended working with the Metropolitan Mayors

Caucus.

Trustee Parakkat asked for the timeline for the additional staff person.

Coordinator Keenan responded that ideally someone would start when the

ban starts. The Village used to have a position that did code enforcement

and worked non-traditional hours and a new hire could also do that

previous work. Trustee Parakkat said he prefers to not have a financial

impact on the community but use time to responsibly get the Village to the

phased out ban and to the 2030 goal of reducing emissions by 60%. The

Village is already looking at increasing the FTE count in this year's budget

so he is in favor of the 2-3 year timeframe.

Trustee Enyia said that 2-3 years offers the opportunity to look at the

technology, especially batteries which improve over time and will be

sustainable and affordable for the average user. Regarding equity, the

smaller companies will take a lot longer to adapt than the larger ones so a

longer timeframe, education, and grants would help them make the

transition. He made the point that Oak Park is an all-season community

and he said he thinks three years is more realistic.

Trustee Taglia said he has an electric leaf blower that needs to be charged

often. He said he understands how their use is not in harmony with the

goals of the Climate Action Plan. He said he supports the phase out and he

signed the petition. He agreed with Trustee Parakkat on minimizing the

financial impact on the community and is in favor of 2-3 years. He said for

most Oak Parkers, this might be more about preserving the peace from the

noise and pollution of the leaf blowers. He asked how the landscape

companies informed this process. Principal Wadia said they interviewed

two larger ones and one smaller one. Their main concerns were battery

costs and being able to charge in the field.

Trustee Taglia said he thinks leaf blowers are mostly used by landscape

contractors and not residents. He asked about snowblowers which are

highly polluting and some have two-stroke engines and he thinks those are

a bigger issue than leaf blowers. Elli Cosky from MSG responded that

perhaps this ordinance is a stepping stone for additional lawn equipment

and snowblowers.

Trustee Parakkat said he thinks this has become more of an issue

because there are more people working from home because of the

pandemic.

President Scaman noted the difference between two and three years is

that two years would likely need a buyback program. Trustee Taglia said he

is not big on buyback programs which are difficult to implement.

Regulations change all the time and they have to be absorbed to be in

compliance. He said he favors a short duration with minimal expenditures.

Trustee Wesley said he has significant equity concerns and wonders what

will happen if small landscapers cannot cope like the larger, predominantly

white-owned companies. He said he also has an issue with the

enforcement mechanism. He wouldn't want the predominantly white

residents calling in on minority business owners who are out doing their

jobs so he would like to see enforcement aimed at the property owner and

not the service provider. He said he is concerned that property owners will

move away from the smaller companies who cannot comply to the larger

companies who can so he wants to protect the current ecosystem. He said

he is not prepared to make a recommendation without some significant

equity framework discussion.

President Scaman asked if the equity discussion is scheduled to happen

after the Village Board sets a timeframe. Coordinator Keenan responded

that it is something that could start now but it is a process question that

would push back the timeline for the adoption. The programmatic elements

could be worked out during the education and warning period, but an

effective date is still needed.

Village Manager responded that the staff has enough feedback from

tonight to develop options for two or three years. He said the equity

analysis is built into the construction of the ordinance and the development

of the program and will be part of the effort.

President Scaman said she is looking for the sweet spot of when the

technology starts to get better and less of a need for incentive programs.

She said discussions with the stakeholder groups can ideally identify

turnaround times. She asked when the staff will bring these options to the

Village Board. Manager Jackson responded that staff can report back in a

couple weeks after analyzing what it would take to bring those options to

the Village Board. Coordinator Keenan said the staff can put together a

project management plan for MSG's recommendations and also make

recommendations for the DEI task force.

President Scaman said she is very in favor of a ban and understands that if

the Village Board can set a timeline, it will help solidify our actions.

Trustee Buchanan wanted to remind everyone that we are talking about

leaves falling on your lawn and she is extremely disappointed and finds this

totally unacceptable.

President Scaman said her lawn has never looked worse and her

landscaper quit when she told him. She thanked the staff and said she is

ready to move on this.

Manager Jackson said that staff can make a recommendation in addition

to presenting the options. President Scaman agreed that would be helpful.

ORD 22-80

Concur with the Zoning Board of Appeals’ Recommendation and Adopt an

Ordinance Granting a Special Use Permit to Operate a Vehicle Repair-Minor

Business at 6212 Roosevelt Road

Manager Jackson said this item was tabled on October 17. He introduced

Village Planner Craig Failor.

Planner Failor presented on the neighborhood concerns about the BM

Custom business at the Roosevelt Road property at the former Associated

Tire business site.

Leon Sniegowski: He is a resident of 1150 S. Lombard block. He emailed

the Village Board on October 19. BM Custom is a nuisance and he worries

they will operate exclusively out of the alley and impact residents. Mr.

Storey has made no attempt to try to compromise and he will yell at

neighbors and follow them down the alley. Neighbors fear retribution and

are afraid to speak out. BM Custom has been fined multiple times for

operating without a license. He urges against handing out licenses to

companies not willing to work with the ordinances.

The following public comments were read aloud by Clerk Waters:

Eileen and Thomas Wehrheim: The Village Board should deny the special

use application for BM Custom located at 6212 Roosevelt Rd. The

application has continued to operate business despite being told he could

not operate his business without the special use permit and business

license and being cited by the Village several times on this. I urge the

Board to deny BM Customs special use permit for 6212 Roosevelt Rd.

Michael Smith: I am writing to ask the Village Board to vote no on granting

a special use permit at 6212 Roosevelt Road. The property is a constant

nuisance with loud music, loud engines, blocking the alley, and unsafe

driving through the alleys. The other two tenants told me Mr. Storey and

others do loud engine work beyond the scope of work he claims in his

application, install large speakers on cars, block the alley, and urinate in

the alley because his unit does not have restrooms.

Sarah Smith: The Board should deny the special use application for BM

Custom located at 6212 Roosevelt Road. The applicant has continued to

operate his business despite being told he could not operate without the

special use permit and business license and after being cited multiple

times by the Village. The applicant has continued to operate his business

even since this Board heard this issue on October 17th. BM Custom has

been a nuisance to the neighborhood since it began operation.

Planner Failor said Mr. Storey is present if anyone has questions.

President Scaman noted that Chief Johnson was also present.

Trustee Taglia said his understanding is that businesses must have

bathrooms in order to get zoning. Planner Failor confirmed that is correct

and the inspectors found a lot of violations so the tenants would have to

bring everything up to building code in order to get the business license,

including installing bathrooms.

Trustee Robinson asked if the fines are still outstanding. Planner Failor

said they have been paid and there have been no new fines since the last

meeting. She said it would pain her to say no and she asked what the path

forward might be for this business if the Village Board votes no. Planner

Failor said the next step would be for the business to cease operations and

then it would be up to the property owner to ask them to leave. It would be a

two-year wait for this business to file the same application.

Trustee Taglia said he met Trustee Robinson at the location and he walked

the alley and made many trips. He said his impression based on what he

has seen and the information he has been given is that the nuisance is

coming from BM Custom. He said words used by the residents include

mayhem, terror, misery, and suffering. He said his car windows were

vibrating because the music was so loud. He said the Village Board had

the application and the staff changed their mind, which he feels is very

compelling.

Trustee Wesley asked if there have been any attempts at mediation before

or since the last hearing between the neighbors and Mr. Storey. Planner

Failor said he does not believe there has been.

Trustee Parakkat said he was ready to vote the last time. He said the

history is not in favor of operating without a business license. He said he

knows it is a contentious relationship between the neighbors and the

business and it would be setting that up in a more permanent way for

further issues to arise, which does not seem like the right thing to do,

knowing what the Village Board knows from the history of this specific

case.

President Scaman asked for the reasoning for a two-year wait before

reapplying. Planner Failor responded it is the same for planned

developments which is very rare. He said if it is voted down, the

businesses generally do not come back. President Scaman said it is

difficult for her to not want to support a person not wanting to do business in

our community but she does not see evidence of this business being a

good partner to our community. Not having some path for mediation or

reconsideration and the building not having a bathroom are concerning to

her.

It was moved by Trustee Parakkat, seconded by Trustee Wesley, to adopt the

Ordinance. The motion failed. The roll call on the vote was as follows:

7 -

NAYS:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, Village Trustee Taglia, and Village

Trustee Wesley

ABSENT:

ORD 22-83

AA.

An Ordinance Amending Chapter 8 (“Business Licensing”), Article 1

(“General Provisions”) of the Oak Park Village Code by Adding a New

Section 8-1-16 (“Hours of Operation for Retail Goods Establishments and

Service Stations”)

Manager Jackson introduced Village Attorney Paul Stephanides.

Attorney Stephanides presented the Ordinance at the direction of the

Village Board at the conclusion of the Public Hearing that was held on

Ordinance 22-65 to add the retail goods establishments as defined in the

zoning ordinance to the prohibition of the closing hours of 12:00 A.M. and

reopening at 5:0 A.M. for service stations.

Trustee Enyia asked if this is just to review the additions of the two

7-Elevens. Attorney Stephanides confirmed that is correct and clarified that

the two 7-Elevens are defined as retail goods establishments and are the

only businesses that are open 24 hours a day other than the service

stations.

Trustee Wesley asked if these two businesses would have been added to

the ordinance if they had not requested it. Attorney Stephanides confirmed

these businesses requested to be added to the ordinance and the Police

Department memo presented statistics on violent criminal activity involving

employees at those two locations.

Trustee Wesley said his concern is the precedent this might set for

amending ordinances at the request of businesses. He said the

businesses could decide to close earlier. Manager Jackson responded

that their request was ancillary to our consideration and that the Village did

not know these businesses were going to make the request. They came to

the hearing and made the comments to the Village Board.

Trustee Enyia asked if the Dunkin Donuts is the one other establishment

that would be open past 12:00 A.M. President Scaman responded that

there is the Tacos El Tio #4 restaurant as well. Attorney Stephanides said

there has not been criminal activity at either of those locations. Manager

Jackson said the Village's issue is crime. President Scaman clarified that

Oak Park has other establishments that are open past 12:00 A.M. but not

24 hours.

Trustee Taglia said he thinks the Village of Oak and Trustees have a duty

to protect both patrons and employees of businesses in Oak Park. The

data indicates that the vast majority of robberies of the 7-Elevens have

occurred around the hours in question. There have been 11 robberies at

these two 7-Eleven locations since 2020 and there was a shooting at the

Chicago Avenue store. He said he agrees the 7-Elevens should be added

to our ordinance. He said he believes the fundamental function of

government is to respond to safety concerns and do something about it.

Chief Johnson said she believes that crime will shift as there will be no

other place to go and purchase small items and 7-Eleven is just one block

and a half away from 100 Chicago Avenue.

Trustee Wesley asked if the theory is that the 7-Eleven is drawing crime

into Oak Park. Chief Johnson said that is not the theory. She said 7-Eleven

has had violence and she agreed with Trustee Taglia that it is about

protecting customers and employees. She said her concern is that if the

hours of the service stations are limited, people will travel a block and a half

away to get their small items.

Trustee Wesley asked if there are concerns about crime shifting away from

the 7-Elevens to individuals out after dark. Chief Johnson said there needs

to be a victim, a location, and an offender and 100 Chicago Avenue and

the other service stations are meeting grounds for offenders. Crime can

happen anywhere but if there is no location for them to meet, the probability

is lower. Trustee Wesley asked if the random encounters have happened

at the 7-Eleven. Chief Johnson said it has not but the employees have been

held up at gunpoint and one fired a weapon at an offender which could

have hit a random person.

Trustee Wesley asked if the Village would seek to close the 24-hour

Dunkin Donuts and Tacos El Tio #4 if they became victims of crime. Chief

Johnson said the Dunkin Donuts has not had crime and is only open

through the drive thru. Tacos El Tio #4 has not had crime but if there was

significant violence there, she would recommend their closure because it is

about the safety of the community.

Trustee Wesley asked if the working premise is that businesses that are

open overnight attract crime and if there is evidence of that, the Village

should shut them down. Chief Johnson said she is not saying that

businesses that are open overnight attract crime. She is saying that the

service stations seem to be a primary location where criminal offenses are

happening between the hours of 12:00 A.M. and 5:00 A.M.

Trustee Wesley said he is more concerned about the slippery slope of

expanding this ordinance to eventually cover anything that might be open

beyond a certain hour in Oak Park. Chief Johnson said she can only speak

to what is happening now, which is violence at certain service stations

overnight. Trustee Wesley said he doesn't know if this is a scalable

response to crime that happens in Oak Park overnight. Chief Johnson said

we are speaking about multiple incidents and a homicide. There were 11

robberies at 7-Elevens with weapons implied or displayed.

President Scaman said the nuisance ordinance sets some benchmarks for

measurement, which Chief Johnson confirmed.

Trustee Enyia asked about the path forward for the service stations and if

there is a time period where they could come back to the Village Board or

if this door is closed forever. Chief Johnson said she would collaborate with

the Village Manager's Office and legal team regarding those questions.

Manager Jackson asked for clarification if the question is about future

incidents with other types of businesses. Trustee Enyia responded that he

is asking about future and current. Attorney Stephanides responded that

the door is never shut and the Village Board can always revisit this.

John Ellis, representing BP gas stations: He said the ordinance does not

address the concerns raised by the circuit court, that this ordinance painted

with too broad of a brush and businesses that have had no crime are being

closed by this ordinance. He said he cannot find any record on the Village

website of three of the 11 crimes cited in the ordinance, which is alarming

and should concern this Board. The reports should be made available to

the public and to the Village Board before any decision is made. He said

the dispute will continue though it does not have to and they are committed

to figuring out a path forward and working together.

Chief Johnson explained the difference between a police summary and a

police report. She said she will supply the police reports which she

believes have already been made available. Mr. Ellis said the only way he

has access is to go to the Village website. There are police report numbers

in his July memo and he has made a FOIA request for those cited reports

but he has not yet received the reports.

Public comment from previous Agenda Item:

Jeremy Storey, owner of BM Custom: He doesn't know why nobody comes

and talks to him as he is there every day. He has a full washroom. He

showed six residents that he is separated from everybody else. He has

been gone for two and a half weeks so he is trying to see who heard music

inside that shop. There is construction in there but there is no music being

played for the last nine months when the first officer said it was too loud. He

said he has never been aggressive since he has been back there and he

meets and greets everyone.

President Scaman said her comments about the bathroom would not affect

the decision at this time. She advised that he work with the Village staff for

any potential to move forward with working in our community. Owner Storey

asked how he can get in touch with the homeowners because it used to be

Lombard and now it is here. President Scaman said the Village has a

Community Relations Department. BM Custom did not have a business

license to operate. The Village could have helped more when there were

first challenges with the neighbors. There is a track record of behavior that

is difficult for the Village to trust. It is the job of the Village to not put

residents through any additional nuisance. The Village Board has voted

and the staff are the best people to help find a path.

Owner Storey said he was told to put up security cameras seven months

ago, which he did and he has proof that no one sees his door with cars

blocking the alleys. President Scaman said he should present that to the

staff.

It was moved by Trustee Parakkat, seconded by Trustee Wesley, that this

Ordinance be adopted. The motion was approved. The roll call on the vote was

as follows:

6 -

AYES:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, and Village Trustee Taglia

1 - Village Trustee Wesley

NAYS:

ABSENT:

XIII. Regular Agenda for Items Pursuant to Village Code Chapter 3 Alcoholic Liquor

Dealers or Related (President Pro-Tem )

ORD 22-82

AB.

An Ordinance Amending Chapter 3 (“Alcoholic Liquor Dealers”), Article 4

(“Term and Classification”), Section 3-4-2 (“Classification and Number of

Liquor Licenses and Fees”) of the Oak Park Village Code to Establish a New

Class D-18 Movie Theatre Liquor License Classification and to Issue a Class

D-18 Movie Theatre Liquor License to Tivoli Enterprises, Inc., DBA Lake

Theatre

Manager Jackson introduced Attorney Stephanides.

Attorney Stephanides said the Liquor Control Review Board Chair Sarah

Corbin was present as was the applicant, Tivoli Enterprises Owner Chris

Johnson.

Chair Corbin said the Lake Theater is a wonderful longstanding business

in our community and this is an opportunity for them to bring us up to date

and make us marketable with other communities. It expands their business

model and makes us a more fun place to come.

President Scaman asked what would be done with the license. Owner

Johnson responded that it is an amendment many theaters have and they

are trying to stay competitive. It is typical that someone purchases one or

two drinks. There is no seating or a bar but rather a cooler with canned

cocktails, wine, and beer. They are looking to re-seat the theater in early

2023 with heated recliners. They have not had any issues in any other

communities that have instituted this.

Trustee Parakkat said it is a very exciting development that he fully

supports.

Trustee Wesley said he loves the Lake Theater and thinks it is a great

development to bring it up to what some other theaters are already doing.

He said it is good for Oak Park in thinking about where you can go to be

comfortable and reclining is a big thing for him and his bad back.

President Scaman said she cannot sit low to the ground and she thanked

him for the new seats.

Trustee Taglia said it is a great idea and we should eat, drink, and be

merry. He remembers watching Patton on the big screen when he was a

kid.

It was moved by Trustee Wesley, seconded by Trustee Parakkat, to adopt the

Ordinance. The motion was approved. The roll call on the vote was as follows:

7 -

AYES:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, Village Trustee Taglia, and Village

Trustee Wesley

NAYS:

ABSENT:

ORD 22-81

AC.

An Ordinance Amending Chapter 3 (“Alcoholic Liquor Dealers”), Article 4

(“Term and Classification”), Section 3-4-2 (“Classification and Number of

Liquor Licenses and Fees”) of the Oak Park Village Code Regarding the

Package Liquor Class C-1 Liquor License Classification to Allow for the

Tasting or Sampling of Alcoholic Liquors

Attorney Stephanides said this allows package C-1 liquor licensees to

have tasting or sampling events at their locations, which is basically

grocery stores. The applicant is Carnival grocery store on Oak Park

Avenue.

President Scaman asked for a summary of the dialogue that happened at

the Liquor Control Review Board. Chair Corbin said that this opens up this

ordinance for any grocery store. Carnival is a longstanding creative

business and active community member. It opens up opportunity for them

as a business and for us as a community. Carnival has fun events they

would like to plan. They would invite vendors in for small tasting events that

would benefit the community.

It was moved by Trustee Wesley, seconded by Trustee Parakkat, to adopt the

Ordinance. The motion was approved. The roll call on the vote was as follows:

7 -

AYES:

Village President Scaman, Village Trustee Buchanan, Village Trustee Enyia, Village

Trustee Parakkat, Village Trustee Robinson, Village Trustee Taglia, and Village

Trustee Wesley

NAYS:

ABSENT:

XIV. Call to Board and Clerk

Trustee Enyia said Saturday, November 12 is Husky Madness in the

Fieldhouse from 6-8:30 P.M. sponsored by the OPRF boys basketball

team. He gave his condolences to the family of resident and fellow

schoolmate Joshua Jackson. He played basketball for OPRF and Eastern

Illinois and came back to coach at OPRF and at Triton. He lost his life on

Friday at age 36 and had just had a son. He was an impactful person in this

community and a breath of fresh air and was kind to everyone he met.

Another Hatch schoolmate Sean Varner passed away two weeks ago and

he gives his condolences to the family. He was a great member of our

community and was in Boy Scouts and volleyball. Their memories will never

be forgotten.

Trustee Buchanan mentioned the national issues of anti-Semitism and

there are anti-Semitic comments that are rearing their ugly head this past

week and she offers her full support to Jewish residents and synagogues.

Trustee Robinson announced the Library's Latinx Author Book Cafe. The

last one for 2022 is meeting tomorrow and the Library is taking

suggestions for Latinx authors for 2023.

Trustee Parakkat noted that there are 103 business permits issued in the

first 10 months of this year, which is a new record and is amazing coming

out of the pandemic. He congratulates everyone involved.

President Scaman thanked Interim Deputy Chief David Jacobson for

participating in an anti-Semitism forum along with members of OPRF at

Zion Temple in River Forest. It was educational about empowering each

other to call things out when we see it, support each other, continue to

learn, and how to respond when we witness anti-Semitism.

XV. Adjourn