Village of Western Springs President and Board of Trustees met May 8
Here are the minutes provided by the board:
Call to Order, 7:00 p.m.
Village President Rudolph Presiding
Board Members Present
Nicole Chen
James John
Scott Lewis
James Tyrrell
Electronic Attendance: None
Ellen Baer, Village Manager
Casey Biernacki, Deputy Village Manager
John Mastandona, Director of Finance
Jeff Koza, Director of Engineering
Tony Budzikowski, Director of CD
Matthew Supert, Director of Mun Svcs
Sean Gilhooley, Dir of LES
Elaine Haeske, Deputy Village Clerk
Mike Kelly, Dir. Fire & EMS
Anne Skrodzki, Village Attorney
Amy Avakian, Trustee
Phil Nawrocki. Trustee Elect
CALL TO ORDER
PLEDGE OF ALLEGIANCE
President Rudolph led the audience in the Pledge of Allegiance.
ROLL CALL
Roll call as noted above.
CITIZEN COMMENTS
There were none.
CONSIDERATION OF APPROVAL DURING THE SPECIAL MEETING PORTION OF THE COMBINED MEETING
1) PROPERTIES AND RECREATION - TRUSTEE CHEN
No report.
2) PUBLIC WORKS AND WATER - TRUSTEE FINK
A) Flagg Creek Outfall Proposal
Trustee Fink presented a proposal, on which both Trustee Fink and Trustee John were briefed, for the Flagg Creek outfall improvement project. Since 2021, the Village has been budgeting $150,000 annually to fix how the stormwater flows into Flagg Creek. A design-build methodology been utilized for this work as it is on private/public land, and this is the best way to get this done without the need to bid everything out. Work in Ridgewood is done and now they are working on outfalls that discharge to the creek from 47th Street down to 55th Street. Staff recommended that approval of a design-build contract with V3 Engineering in the amount of $37,400 to begin the survey work. A total of $150,000 was budgeted for this project in 2023.
B) Wolf Road Rehabilitation - Project Update
Wolf Road rehab started today. They are working on it from Plainfield Road to 31st Street. Wolf Road is remarkably busy and so everyone should expect delays. The Cook County Highway Project will work on Wolf Road between Plainfield and 47th Street first and it will get more congested when they continue the work between 47th Street and Ogden Avenue. The road will be open while they work but there will be flaggers and there will be delays.
C) American Water Works National Drinking Water Week - Proclamation.
Trustee Fink read the American Water Works National Drinking Water Week (May 8-13, 2021) proclamation into the record.
3) PLANNING AND ZONING - TRUSTEE JOHN
A) EZA Professional Engineering Services Agreement
The Community Development Department and Engineering Department manage the building permit and engineering review process which includes associated inspections and plan review to ensure compliance with the approved plans, zoning code and DCO. When plan review and inspection demands are high and when our full-time engineering staff is working on other projects, the Village requires a third-party plan review and inspection service to meet our goal of providing high-quality and timely customer service.
Staff is requesting that a contract be approved with EZA Engineering for inspection and plan review services during periods of higher demand and as needed for overflow work. This would be a two-year agreement with two one- year options at the discretion of the current Board of Trustees. The charges associated with this would be based upon the amount of work provided by EZA Engineering. President Rudolph asked if we had worked with them before. Director Budzikowski said Western Springs has not, but he had worked with Mr. Patterson in Oak Brook, and he also does the same work with Westmont, so he is familiar with them. This will be considered on the May 22, 2023, omnibus vote list.
B) 2023 Official Zoning Map
The Community Development Department prepared the 2023 Official Zoning Map for review and recommendation by the Planning and Zoning Committee for adoption by corporate authorities. The map was included in the Board agenda packet. A few noteworthy updates include an R-4 zoning classification for the 17 West Ogden townhome development which we have discussed multiple times in the past which is going up nicely and a conditional use for 514 Hillgrove Avenue for the mixed-use development which we have also talked about, and which is also going up very nicely. The committee recommended approval of this map and publication in accordance with municipal code. This will also be on the May 22, 2023, omnibus vote list for consideration of approval.
C) Other
4) PUBLIC HEALTH AND SAFETY - TRUSTEE LEWIS
A) Master MABAS Agreement
Trustee Lewis reported that the Public Health and Safety Committee reviewed a reviewed Mutual Aid Box Alarm System (MABAS) master agreement. MABAS is a mutual aid response system for fire and emergency medical services and specialized incident operational teams. It is designed to provide fast response of emergency resources to member communities during emergencies. For example, if there was a large fire in Western Springs, we can request additional assistance from area fire departments. Chief Kelly told the committee that some 2,200 agencies in Illinois and surrounding states participate in MABAS. The master agreement was last revised in 1998 so it was time for another look. The most notable change was related to indemnification and the agreement makes it clear that each agency is responsible for the actions of its personnel, no mater where they are. MABAS has been a remarkably successful program and the Public Health and Safety Committee recommended approval of this new master agreement on May 22, 2023.
B) EMS Week May 21-27, 2023, Proclamation.
Trustee Lewis read the EMS Week (May 21-27, 2023) Proclamation into the record.
C) Fire Department Request to Declare Equipment Surplus
Trustee Lewis presented a request to declare certain fire department surplus. With no objection from the Board, an ordinance declaring the equipment surplus and allowing for disposal will be considered on May 22, 2023.
D) Police Department 2022 Community Service Survey
Trustee Lewis shared the highlights of the Police Department 2022 Community Service Survey. As part of the police department's efforts to gauge their performance, 15 surveys are mailed each month to Western Springs residents who contacted the department. Of the 180 surveys mailed in 2022, 52 were returned which is a solid 28.9% survey response rate. The Board received a summary of the survey results in their packet.
E) Other
The Lyons Township High School is planning to have fireworks display as a part of the graduation ceremony on May 31, 2023, at South Campus. They are working with the Fire Department on permitting matters.
5) FINANCE-PRESIDENT RUDOLPH
A) Stormwater Utility Fee Ordinance
President Rudolph, acting in her role as Village Trustee, reported on the Stormwater Utility Fee Ordinance which is largely the same as was reported on to the Board on April 10, 2023, and which has been discussed quite a few times in the past. Language regarding the Timber Trails Subdivision was added pertaining to the Timber Trails subdivision. Because the existing stormwater detention system located in the Timber Trails Subdivision is privately owned, the owners of the parcels located within the subdivision will not be charged a stormwater utility fee until the portion of the subdivision stormwater system that is required to be transferred to the Village by the developer pursuant to the annexation agreement is conveyed and accepted by the Village. There was some question and concern about this, and this has been sorted through and this is the conclusion, and this is the new piece of the ordinance. Discussion followed regarding the date of projected date of acceptance by the Village. Attorney Skrodzki stated the pursuant to the annexation agreement when certain benchmarks are reached, then the dedication will occur.
This item will be considered for approval later this evening.
B) Stormwater Utility Fee Credits Program
President Rudolph said this item is associated with the prior item. We have mentioned this in the past, the Stormwater Utility Fee Credits Program. The credits manual, which is also available in the Board agenda packet, provides Western Springs property owners with information on financial incentives related to stormwater best management practices (BMPs) on their property.
Deputy Village Manager Biernacki provided an overview of the program. The program contains eligibility information, potential credits amounts, and applications details for residential and non-residential credits. The BMPs are focused on what is called volume control, trying to control the amount of stormwater volume that falls from the sky before it impacts the Village's stormwater system. Examples of those are things like rain gardens, detention. basins, cisterns, dry wells, and permeable pavement. Really it is a place for stormwater to be stored and have less of an impact on the Village's system, especially in the first flush of a rain event. There are some good examples of what those types of things look like. Deputy Village Manager Biernacki sent the Village Board supplemental information which will be posted on the Village website that the Metropolitan Water Reclamation District (MWRD) has included in their "Green Neighbor" Guidebook which incorporates some criteria about all these several types of improvements and even some how to guides on how to build and maintain them.
There are four distinct types of credits that we are recommending in the Credit Manual, the first being residential which would be impactful for a single family or multi-family home, like a townhouse or condo. Non-residential would be for businesses, churches, park districts, school districts. Those two have a maximum credit potential of 50% and it is purely based off the impact that the improvement has on the amount of run-off coming from the impervious area. A community partnership is another credit that we are looking at and that we put in the draft manual. That is geared more toward a property owner that could assist the Village in managing stormwater usually on a larger scale. A good example of that might be the Springdale Park Detention Project. That will have certainly, if constructed, have an impact on the subdivision as a whole and regionally as a community and that might be an incentive for partnership with the Park District.
There is a stormwater subdivision credit as well which is geared toward subdivisions especially newer subdivisions that have existing stormwater management BMPs that they have built that they are currently maintaining and financially response for. We give that credit to try to mimic that financial responsibility for those subdivisions themselves.
The guide also has an application process with a form which is under development and documentation on how much volume is being stored and maintenance plan, if applicable. The BMPs require maintenance to continue operating at the level that they should be when they are initially installed so we must make sure that those maintenance plans exist and that they continue to be maintained. If approved by the Board tonight, everything will be posted on the Village website, later this week, the application itself, the guidebook and the MWRD Green Neighbor document as well. Discussion followed on what residents can do to help with stormwater management and possible credits for individuals and subdivisions with rain gardens, cisterns, permeable pavers, and detention basins.
Village Manager Baer reminded the Board that Deputy Village Manager Biernacki and she went out and visited with some of the larger churches and the school districts to talk about this fee and the credits program. Information on this was shared at the 2022 Gathering on the Green, 2022 Ravinia in Ridgewood and at the 2022 Winter Wonderland events. Village staff will continue to work with the groups that have approached us previously on this as well as any others who have interest. President Rudolph reminded that this fee, if approved, will go into effect in July.
C) Lead Service Line Replacement Program
President Rudolph said that everyone has heard about the dangers of lead. There certainly have been quite a few public examples over the last several years. This is a critical issue and problem, and we have a state mandate that we must adhere to, just as all the surrounding communities do. President Rudolph asked Director Supert to talk about that and where the Village is right now with this program.
Director Supert said staff has been discussing financing options with the Finance Committee over the past year as well as our plan moving forward with the lead service line replacement program. Last September, the Board approved the pre- application for our public service water supply loan program submittal to the IEPA. That allowed us to get into the queue to further apply for IEPA loans. Since that time, staff has been working to research and find out what other communities are doing and to find out our options of funding and how that funding can be structured and how the Village pays for the program. Most other communities are pursuing the State Revolving Loan Program through the IEPA. Our research found that it is our best option to get our funding request in that program and especially early, because there is some opportunity for the first few years to qualify for loan forgiveness programs that the IEPA is doing.
We anticipate for the IEPA's 2024 program that there may be up to a 49% forgiveness for some loans. We don't know if we would be eligible for that or not, that would largely depend on what other communities apply for loans for next year. One of the things we are looking to move forward with the Board this month is the IEPA loan documents which we hope to bring those documents approved on May 22, 2023. That way we can get our documents submitted to the IEPA this summer. Those documents, if we are going with the SRP loan, are due in July so that we can get in the 2024 loan program and moving forward. There will be additional conversations with the Finance Committee and Public Works and Water Committee as the year goes on for outyear or future funding obligations. The way that the SRP loan program works is that you do have to submit each year like what we did with our loans for the work on the elevated tank and the standpipe and some of watermain replacement projects. The Village had to submit documentation and we intend to move forward with that with this program.
Director Supert said there was a new law that went into place by the IEPA this past year that says that lead service lines in the State of Illinois must be removed and replaced in whole and in their entirety. They are no longer going to allow for partial lead service line replacements, and they have put that process into the hands of the communities to further that process. Each community must submit that program to the IEPA including the schedule for replacement.
Depending on the community and the number of service lines that the community has, will dictate how much time the community must get that work completed. For the Village of Western Springs, we have a 15-year schedule that requires us to show progress each year so that means we need to accomplish approximately 7% of what we determine to be lead service lines to be done each year. Right now, we are in the process of finalizing our total count. We estimate that our lead services in the community are going to be around 10-15% of the total services in the community, which could be around 600 or so. We are going to finalize the number of lead services lines this year, when we do our water meter replacement program through the summer and early fall. The company that we are working with on that program, when they are replacing the meters, will also catalog homes that have lead services lines.
For residents that want to jump on that ahead of time, we have a form on the Village website to find information on how to identify that themselves. The Village is required to publish an inventory of lead services lines by April of 2024.
We are looking at replacing 40-50 lead services lines cach year based on our estimate of what will require replacement. In the project plan that the Village identified last fall, we estimate that cost to be $500,000 annually for construction. and that would be 7% per year steady for a 15-year replacement program. We can get ahead of that if we want to and if there is an opportunity for funding to do more in a certain year, we may do that.
President Rudolph stated this is really an unfunded mandate, but we have the opportunity for a loan. Director Supert said there are some loan forgiveness programs that are available, but priority is given to low-income communities or those that have higher percentages of lead services lines but that criteria is re-evaluated each year. Discussion followed.
D) Raftelis Professional Services Agreement Addendum
President Rudolph stated that Raftelis is the consulting firm that is assisting with the stormwater utility fee study, and they have identified some additional scope related to billing system and ongoing education, etc. The Finance Committee reviewed this item on May 4, 2023, and recommended that it be considered by the Village Board. This would be an amendment to the existing professional services agreement that we have with Raftelis, and the total is $20,470 as part of this amendment. This matter will be on the May 22, 2023, omnibus vote list for consideration of approval.
E) 2022 Budget Amendments
The Finance Committee reviewed a request for a couple budget amendments to the fiscal year 2022 budget which are related to the Downtown South TIF Fund and the Downtown South North TIF Fund. The disbursement to Hawthorne LLC was delayed due to the property tax collection delay by Cook County. The Board had approved a budget amendment for 2023 so that the payment could be made. Revenue is recognized in 2022 on a modified accrual basis. It was recognized in 2022. We need a budget amendment in the amount of $74,000 for the developer reimbursement on that.
The second amendment is for the North TIF where the 2022 budget did not reflect the total of the expenditures in the fund. Due to larger than anticipated increment coming to the Village, initial steps were taken to design and plan future projects. The expenditures related to the audit were just a bit off as well. We have a total of $15,136 in related budget amendments. We have professional services, $1,025 related to audit costs, we have $1,425.00 related to attorney costs, and then streetscape supplies. We have additional costs of $8,631 for furniture. Again, the total of those budget amendments will Be 15,136 that the committee recommended for approval on the omnibus.
6) GENERAL GOVERNMENT - TRUSTEE TYRRELL
A) St. John of the Cross Raffle License Request
Trustee Tyrrell presented a request from St. John of the Cross Parish for a raffle license request which will also be an action item for consideration later this evening due to some time constraints. St. John of the Cross is asking to sell raffle tickets from today to June 18, 2023, as part of its fundraising appeal. Raffles and games of chances must be granted through a license provided by the Board. We have approved their previous requests with no problems reported and the committee recommended approval of the issuance of this license this evening. The committee also recommended waiver of the $25 license fee and bond requirement.
B) Western Springs Business Association (WSBA) Liquor License Request
Trustee Tyrrell reported that WSBA had submitted a request for a Class "J” license for beer and wine sales at the Village Tower Green for four events planned for the summer. The Gathering on the Green event will be Friday, June 16th, from 4pm to 10pm. There will be three "Jammin' in July" events on successive Wednesdays, July 12, 19 and 26 from 5pm to 9pm. The Fall Fest is Friday, September 22 from 5pm to 9pm and the Winter Wonderland will be Saturdays, December 2 and 9, Sundays, December 3 and 10 from noon to 5pm.
All these events will need a temporary use permit and the summer events and fall event will need the Class J liquor license. All these events have been held for many years, very successfully. There was an absence due to the pandemic, but these events are very well run, and the area is cordoned off with beer and wine tent which are controlled. There are a lot of activities, and the event is well- managed. Neighbors will be notified, and everything will be run very professionally. The committee thought this was a fine thing for the Village and requested approval on omnibus on May 22, 2023.
C) Resolution Approving Board of Trustees 2023 Board of Trustees Meeting Schedule (Revision to Prior Summer Schedule)
Trustee Tyrrell reported on a slight revision to the summer Board meeting schedule. We will be having one Board meeting per month in June, June and August and the dates for June and July have changed. The June Board meeting was scheduled for June 12 but now will be June 19. The July Board meeting was. scheduled for July 17 but will now be on July 24. The resolution providing for this change will be on the May 22, 2023, omnibus vote list for consideration of approval.
CONSIDERATION OF ACTION ITEMS DURING THE SPECIAL MEETING PORTION OF THE COMBINED MEETING
1. ORDINANCE NO. 23-3133
AMENDING TITLE 8 (PUBLIC WAYS AND PROPERTY), CHAPTER 10 (WATER AND SEWER CHARGES REGULATIONS) OF THE WESTERN SPRINGS MUNICIPAL CODE TO ADD A NEW SECTION 8-10-5 (STORMWATER UTILITY FEE REGULATIONS) (Trustee Rudolph)
MOTION:
President Rudolph moved, seconded by Lewis, to approve Ordinance No. 23-3133
Amending Title 8 (Public Ways And Property), Chapter 10 (Water And Sewer Charges Regulations) Of The Western Springs Municipal Code To Add A New Section 8-10-5. (Stormwater Utility Fee Regulations).
The motion passed on a roll call vote.
Voting aye: Trustees Chen, Fink, John, Lewis, and Tyrrell.
Voting nay: None.
2. RESOLUTION NO. 23-2730
APPROVING AND ADOPTING THE VILLAGE OF WESTERN SPRINGS STORMWATER UTILITY FEE CREDIT MANUAL (Trustee Rudolph)
MOTION:
President Rudolph moved, seconded by Lewis, to approve Resolution No. 23-2730 Approving And Adopting The Village Of Western Springs Stormwater Utility Fee Credit Manual.
The motion passed on a roll call vote.
Voting aye: Trustees Chen, Fink, John, Lewis, and Tyrrell.
Voting nay: None.
3. RESOLUTION NO. 23-2731
APPROVING THE ISSUANCE OF A RAFFLE LICENSE UNDER TITLE 3 (BUSINESS REGULATIONS), CHAPTER 12 (CHARITABLE GAMES, RAFFLES, BINGO AND OTHER GAMES OF CHANCE REGULATIONS) SECTION 3-12-3 (RAFFLES) OF THE WESTERN SPRINGS MUNICIPAL CODE OF 1997, AS AMENDED, FOR APPLICANT ST. JOHN OF THE CROSS PARISH FOR RAFFLE EVENT ON JUNE 18, 2023, WITH A LICENSE FEE WAIVER AND BOND WAIVER (Trustee Tyrrell)
MOTION:
Trustee Tyrrell moved, seconded by Rudolph, to approve Resolution No. 23-2731 Approving The Issuance Of A Raffle License Under Title 3 (Business Regulations), Chapter 12 (Charitable Games, Raffles, Bingo And Other Games Of Chance Regulations) Section 3-12-3 (Raffles) Of The Western Springs Municipal Code Of 1997, As Amended, For Applicant St. John Of The Cross Parish For Raffle Event On June 18, 2023, With A License Fee Waiver And Bond Waiver.
The motion passed on a roll call vote.
Voting aye: Trustees Chen, Fink, John, Lewis, and Tyrrell.
Voting nay: None.
RECESS TO CLOSED MEETING FOR THE PURPOSE OF DISCUSSION OF:
1. The Selection Of A Person To Fill A Public Office, As Defined In This Act, Including A Vacancy In A Public Office, When The Public Body Is Given Power To Appoint Under Law Or Ordinance, Or The Discipline, Performance Or Removal Of The Occupant Of A Public Office, When The Public Body Is Given Power To Remove The Occupant Under Law Or Ordinance. (5 ILCS 120/(c)(3))
MOTION:
Trustee Tyrrell moved, seconded by Chen, to Recess to Closed Meeting at 7:48 p.m. The motion passed on a roll call vote.
Voting aye: Trustees Chen, Fink, John, Lewis, and Tyrrell.
Voting nay: None.
RECONVENE TO OPEN MEETING
MOTION:
Trustee Tyrrell moved, seconded by Chen, to Reconvene the Open Meeting at 8:06 p.m. The motion passed on a roll call vote.
Voting aye: Trustees Chen, Fink, John, Lewis, and Tyrrell.
Voting nay: None.
CONSIDERATION OF APPROVAL OF ADDITIONAL ITEM DURING THE SPECIAL MEETING PORTION OF THE COMBINED MEETING
Village Attorney Skrodzki said that, as you know, a vacancy in the office of President of the Village of Western Springs was created and subsequently filled by President Rudolph. President Rudolph's appointment to the office of President of the Village did not directly create, but her then her subsequent resignation from her seat as a Trustee created a vacancy on the Board of Trustees for the Village.
Under the Illinois Municipal Code, Section 3.1-10-5, when a vacancy occurs in the office of Trustee, the Village President has the authority to make an appointment to fill that vacancy. That appointment must be done within 60 days of the occurrence of the vacancy and upon the President's appointment, the corporate authorities will act on the appointment to give their ratification by the means of advice and consent to the appointment to fill the vacancy.
The Closed Meeting, which the Board just came out of, was for the purpose of discussing the President's appointment and the President is ready now to make that appointment.
President Rudolph announced that the name of the person she is appointing is Amy Avakian, who was present. President Rudolph stated that Ms. Avakian has significant involvement in the community and brings to us tremendous skills. She has lived in the Village since 2005 and President Rudolph highly recommended her and said she is excited to offer her as her appointment this evening. President Rudolph asked for a motion to appoint Amy Avakian as Trustee.
1. MOTION TO APPOINT [NAME] AS TRUSTEE OF THE VILLAGE OF WESTERN SPRINGS PURSUANT TO SECTION 3.1.10-50(e) and (f) OF THE ILLINOIS MUNICIPAL CODE.
MOTION:
Trustee Tyrrell moved, seconded by Chen, to Appoint Amy Avakian as Village Trustee of the Village of Western Springs Pursuant to Section 3.1.10-50(e) and (f) of the Illinois. Municipal Code. The motion passed on a roll call vote.
The motion passed on a roll call vote.
Voting aye: Trustees Chen, Fink, John, Lewis, and Tyrrell.
Voting nay: None.
OATH OF OFFICE
❖ SWEARING IN OF AMY AVAKIAN AS VILLAGE TRUSTEE
Deputy Clerk Haeske swore in Amy Avakian as Village Trustee.
REPORTS
1) VILLAGE PRESIDENT RUDOLPH
President Rudolph said there were a lot of very qualified applicants, and she is pleased with everyone's interest in community service and welcomed Amy Avakian to the Board
2) VILLAGE MANAGER BAER
Village Manager Baer reminded everyone that there are a lot of construction updates, for Village, County and Tollway projects, and encouraged interested residents to check our website and subscribe to updates on the Village website and links to project pages.
The French Market moved to Fridays their year at 7pm. The market began on Friday, May 5, and was a tremendous success. There were more than a dozen vendors and several food trucks with great attendance. The new tables and chairs were out on the Green. Director of Community Development Budzikowski has been working with Bensidoun and WSBA to bring the market back to life again this year.
Village Manager Baer reminded everyone of the Village "Touch a Truck" event scheduled for Saturday, May 20, 2023, on the Tower Green from 9am to 12noon. The Municipal Services Department and Public Works has been working hard on this event. Director Supert said this is looker to be an event bigger event than in 2019. The first hour will be sensory friendly hour from 9-10am.
Ms. Baer encouraged everyone to save the date for the Village-wide Household Clean-up Day on Saturday, June 24, 2023, with our partner, LRS. Items must be on the curb by 7am for pick-up. See the Village website for updates.
3) VILLAGE ATTORNEY SKRODZKI
No report.
ADJOURN
Trustee Tyrrell moved, seconded by Chen, to adjourn the meeting. The motion passed on a unanimous voice vote.
The meeting adjourned at 8:16 p.m.
https://www.wsprings.com/AgendaCenter/ViewFile/Minutes/_05082023-1516
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