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November 06, 2012

1. Call to Order

Mayor Martin Tully called the regular meeting of the Village Council of the Village of Downers Grove to order at 7:00 p.m. in the Council Chambers of the Downers Grove Village Hall.  

Pledge of Allegiance to the Flag

Mayor Tully invited Boy Scouts from Scout Troop 57, St. Paul's United Church of Christ, to help lead those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Marilyn Schnell, Commissioner Bob Barnett, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt and Mayor Martin Tully  Non Voting: Village Manager David Fieldman, Village Attorney Enza Petrarca and Village Clerk April Holden  T he Council meeting is broadcast over the local FM radio station, WDGC.  In addition, a tape recording and videotape of the meeting are being made using Village owned equipment.  The videotape of the meeting will be used for later rebroadcast of the Council meeting over the Village cable television Channel 6.

The Council will follow the rules of conduct for this meeting as provided in Sec. 2.5 of the Downers Grove Municipal Code.  These offer the public the opportunity to comment at several points in the meeting.  First, immediately following approval of the minutes of the past meetings, an opportunity will be given for public comments and questions of a general matter.  If a public hearing is scheduled for this meeting, an opportunity is given for public comments and questions related to the subject of the hearing.  Finally, an opportunity is given for public comments and questions on items appearing on the Consent Agenda, the Active Agenda and the First Reading.

The presiding officer will ask, at the appropriate time, if there are any comments from the public.  If anyone wishes to speak, the individual should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name and address.  Remarks should be limited to five minutes, and asked that individuals refrain from making repetitive statements.

Mayor Tully said there are agendas located on either side of the Council Chambers, and he invited the audience to pick up an agenda and follow the progress of the Council meeting.

3. Minutes of Council Meetings

Council Minutes - October 16, 2012 M ayor Tully asked for a Motion to approve the minutes as submitted.

Commissioner Schnell moved to approve the minutes as presented.  Commissioner Durkin seconded the motion.

The Mayor declared the Motion carried by voice vote.

4. Public Comments - General Comments on Matters Not Appearing on Tonight's Agenda

There were none.

Proclamation

The Mayor read a proclamation declaring November 15, 2012 as Boy Scouts Day in celebration of 50th anniversary of Troop 57.  

5. Public Hearings

2013 Budget M ayor Tully called the public hearing to order at 7:06 p.m. to consider the proposed FY13 Budget.  Notice of this hearing was published in the Downers Grove Reporter and a certificate of publication is made a part of these proceedings.  He then summarized the procedures to be followed for the public hearing.

Mr. Fieldman said he had no further presentation.  The budget was published in late September and has been the subject of four public meetings.  There have been no changes made to the proposed budget.  He reviewed the key components of the FY 13 budget:  Implement the stormwater utility; reduce the property tax levy; include a balanced General Fund; and continue investment in infrastructure.

Gordon Goodman, 5834 Middaugh, said he appreciates the fact that the budget has been discussed at length.  At the public hearing he wants to raise the question of the implementation of community grants which are still authorized by ordinance and were suspended a few years ago.  He said that it is now appropriate for the Council to return to the issue of whether this ordinance for community grants is still public policy.  Dr. Goodman said he asked the staff about this and was told that staff has received guidance that the grants are suspended, and, until that changes, the status remains the same.   Dr. Goodman then asked when this will be discussed again, and whether it is possible for inclusion in this budget.

Mayor Tully responded that there may be discussion on this during Long Range Financial Plan (LRFP) sessions.

Commissioner Barnett commented that any given time a Council member could have raised this but did not.  No one on the Council has brought this forward.

Mayor Tully noted that the LRFP guided what is reflected in the budget.

Commissioner Waldack expressed his agreement with Dr. Goodman that the Council has not revisited the community grants, senior transportation, Meals on Wheels, etc.  It is clear that there is no appetite at this time to pursue these matters.  The Commissioner said he agrees that they should revisit and look to fund these programs.  However, he feels there is no interest on the part of the majority of Council to pursue this at this time.

There being no further questions or discussion, Mayor Tully asked for a Motion to adjourn the public hearing.  Commissioner Schnell moved to adjourn the public hearing.  Commissioner Durkin seconded the motion.

VOTE:  YEA -  Commissioner Schnell, Commissioner Durkin, Commissioner Rheintgen, Commissioner Barnett, Commissioner Neustadt, Commissioner Waldack; Mayor Tully

Mayor Tully declared the Motion carried and adjourned the public hearing at 7:16 p.m.

6. Consent Agenda

Item G, RES 00-05040, a resolution adopting a travel and training reimbursement policy, was removed from the Consent Agenda for separate consideration.

COR 00-05041 A.  Claim Ordinance:  No. 5973, Payroll, October 5, 2012

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL 00-05042 B.  List of Bills Payable:  No. 6010, November 6, 2012

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda.

RES 00-05047 C.  Resolution:  Authorize an Agreement with Air One Equipment, Inc.

Sponsors: Fire Department

Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND AIR ONE EQUIPMENT, INC.

 

RESOLUTION 2012-81 A motion was made to Pass this file on the Consent Agenda. Indexes: Fire Department - Uniforms

MOT 00-05048 D.  Motion:  Authorize Purchase of 14 Sets of Turnout Gear for 2012

Sponsors: Fire Department A motion was made to Authorize this file on the Consent Agenda. Indexes: Fire Department - Uniforms

MOT 00-05065 E.  Motion:  Award a Contract for $24,985.00 to Codeco Industries Inc./Cote Decorating Co., Hodgkins, IL, for Painting of the Public Works Garage Bay Area at 5101 Walnut Avenue

Sponsors: Deputy Village Manager A motion was made to Award this file on the Consent Agenda. Indexes: Public Works

MOT 00-05066 F.  Motion:  Award a Five-Year Contract for $44,858.16 to Cummins NPower, LLC, for Maintenance of Village Generators

Sponsors: Deputy Village Manager A motion was made to Award this file on the Consent Agenda. Indexes: Village Facilities

MOT 00-05062 H.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Library Board - October 10, 2012

Liquor Commission - May 3, 2012; June 7, 2012; October 4, 2012

Zoning Board of Appeals - September 26, 2012 A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

 The Consent Agenda, as amended was approved. A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully

7. Active Agenda

 

RES 00-05040 G.  Resolution:  Adopt a Travel and Training Reimbursement Policy

Sponsors: Manager's Office

Summary of Item: A RESOLUTION ADOPTING A TRAVEL & TRAINING REIMBURSEMENT POLICY

 

RESOLUTION 2012-82 C ommissioner Neustadt said he will vote against this as there are certain components he does not agree with.

Commissioner Barnett agreed with Commissioner Neustadt's comments. A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Waldack, Commissioner Durkin and Mayor Tully  Nay: Commissioner Barnett, Commissioner Rheintgen and Commissioner Neustadt  Indexes: Travel and Training Reimbursement Policy

ORD 00-05024 A.  Ordinance:  Approve a Redevelopment/Sales Tax Rebate Agreement with Napleton Gold Coast Imports, Inc.

Sponsors: Manager's Office

Summary of Item: This authorizes a redevelopment and sales tax agreement between the Village of Downers Grove

and Napleton Gold Coast Imports, Inc. for the Napleton Aston Martin dealership located at 217

Ogden Avenue.

 

AN ORDINANCE APPROVING A REDEVELOPMENT/SALES TAX REBATE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND NAPLETON GOLD COAST IMPORTS, INC.

 

ORDINANCE NO. 5284 C ommissioner Durkin thanked the petitioner for their diligence.  He will support this.  He welcomed Napleton to Downers Grove.

Mayor Tully said he looks forward to a great relationship and wished Napleton much success.  He also welcomed them to Downers Grove. A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Sales Tax Rebate, Redevelopment Agreement - Napleton Gold Coast Imports, Inc.

ORD 00-05039 B.  Ordinance:  Establish Provisions for Lot Consolidations

Sponsors: Community Development and Plan Commission

Summary of Item: This establishes provisions for processing lot consolidation applications.

 

AN ORDINANCE ESTABLISHING PROVISIONS FOR LOT CONSOLIDATIONS

 

ORDINANCE NO. 5285 C ommissioner Waldack said he had some concerns about this ordinance regarding lot consolidations.  He agrees that, under certain conditions, processes should be streamlined and made less burdensome.  The time and cost of consolidations should be addressed, but his concern remains with transparency and notification.  The time it takes to publish this on a Consent Agenda and still require Council approval is minimal.  Administratively, Commissioner Waldack said this could be listed on a Manager's report, which would only take moments.  He does not think this should be buried in administration and be less transparent.  Land acquisition and consolidations often precedes development, which may affect a neighborhood.  He thinks there should be more public notice to the neighborhood.  At the very least there should be more public notice of a back room approval.  Lot consolidations are a public process.  The proposed ordinance does not require public notice and he cannot support a proposal that decreases transparency to the extent that this does.

Commissioner Rheintgen applauded the staff for bringing this forward.  It empowers staff, saves Plan Commission time, streamlines the process and removes barriers.  She will support this.

Mayor Tully commented that this was driven by residents requesting a more streamlined process.  There is no intention to reduce transparency, but the intent is to remove red tape.  The Mayor said the issue he hears about is not lot consolidation, but what might be constructed on the consolidated lot.  There is considerable notice given for developments, and neighbors will still have the opportunity to comment on any development.  With respect to residential development, the Village has a notification process to the neighbors that owners are required to follow.  With respect to commercial lot consolidation, the Mayor said he cannot think of one instance in his experience where the consolidation was not part of a much bigger package which usually involves zoning or special use that receives notice.  This is not about reducing transparency.  It is all about reducing red tape and eliminating barriers.  This issue is consolidation of lots.  He is in favor of this.  A motion was made by Commissioner Durkin, seconded by Commissioner Neustadt, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Nay: Commissioner Waldack  Indexes: Lot Consolidation

8. First Reading

Mayor Tully announced that Items A & B on the First Reading have been removed at the request of the petitioner and may be reconsidered at a future date.

ORD 00-05064 A.  Ordinance:  Consider a Petition for a Special Use for a Multi-Family Senior Housing Facility at 5100 Forest Avenue

Sponsors: Community Development and Plan Commission Indexes: Supportive Living Facility, 5100 Forest Avenue

MOT 00-05063 B.  Motion:  Issuance of Private Activity Bond for a Multi-Family Senior Housing Facility at 5100 Forest Avenue   

Sponsors: Manager's Office Indexes: Industrial Revenue Bond - Delta Development, Supportive Living Facility, 5100 Forest Avenue

MOT 00-05049 C.  Motion:  Award a Three-Year Contract for $320,680.88 to Snow Systems, Wheeling, IL, for Specialty Winter Operations Services

Sponsors: Public Works N an Newlon, Director, Public Works, said staff is requesting authorization of a three-year-contract with Snow Systems of Wheeling, Illinois in the amount of $320,680.88.  The contract covers a snow and ice removal system for the downtown area.  It is a unit price contract, which is based on the number of events that occur.  She said that the cost is offset by the savings of equipment, materials, liability and staff time.  Ms. Newlon noted that work will be on an on-call basis.  Snow Systems was the lowest qualified bidder, and has provided similar services for more than 33 years throughout the Chicagoland area.  They have over 450 pieces of snow-removal equipment.  Staff recommends award of this contract.

Anthony Cheng, 5507 Aubrey Terrace, expressed his appreciation for the proposal.  He said he is a proponent of outsourcing when possible.  He asked if information was available as to cost savings as a result of this proposal.

Mr. Fieldman replied that the Village should save between $8,000-$9,000 per year in expenses and 30% increase in the level of service.

Commissioner Neustadt noted that the Village is accustomed to a high level of service from staff.  This will allow the Village to use skilled staff on the snow equipment.  Staff will review the contractor's work.  He will support this.

Commissioner Schnell expressed her agreement with Commissioner Neustadt and asked whether the Village has the ability to cancel the contract.  Mr. Fieldman said that the Village can cancel for any reason, or no reason.

Commissioner Barnett commented that this is a continuation of a theme, which they believe, will result in a slight reduction of costs.  The Burlington Northern-Santa Fe has made this more expensive as a result of their requirements.  The Village is hedging against further costs with this contract.  He asked for more information about Green Grass, Inc. and their bid.  The differential was small.

The Mayor said he appreciates the diligence of the staff to reduce costs and enhance services.  Indexes: Snow Equipment

MOT 00-05050 D.  Motion:  Estimate 2012 Aggregate Tax Levy for the Village of Downers Grove

Sponsors: Finance D eputy Village Manager Mike Baker said that the Village has to establish an estimated levy, in accordance with State law.  The Village portion of the tax bill represents about 10% of the total tax bill.  He provided information about the budget schedule.  He said the key components of the 2013 budget have a direct and indirect impact on the levy.

Mr. Baker provided a summary of the 2012 tax levy.  The Village portion of the levy including Corporate, Fire Protection, Police/Fire Pension, Capital and Debt Service is $19,644,765 before abatements, and $11,006,701 after abatements.  He referred people to the Village website (www.downers.us), pp. 5-6, for a detailed explanation of the reduction of the Village property tax levy.

Commissioner Waldack clarified that the Council will vote on the estimated tax levy, after which the levy cannot go higher, but can be lowered.  Mr. Baker said that is correct.

Mayor Tully asked why they are talking about the 2012 tax levy. Mr. Baker said that the levy is always one year in arrears based on assessments from the Township Assessor's office.

The Mayor said that the concept of abatement is that the Village levies a certain dollar amount in property taxes, but does not collect it.  There are no levies for the purpose of debt service.  Mr. Baker said that is correct.  Mr. Fieldman noted that a portion of capital goes for debt service.

Mayor Tully referred to the Truth in Taxation Notice.  He noted that it is very confusing and asked if staff will provide an explanation of the notice.  Mr. Baker responded that staff will provide that information.   Indexes: Tax Levy - 2012

9. Mayor's Report

Materials to be Placed on File

10. Manager's Report

11. Attorney's Report

Future Active Agenda

12. Council Member Reports and New Business

Commissioner Neustadt said the Village needs ornaments for the holiday tree. He asked that they be delivered by Monday, November 12.  Specific information is available on the Village's website.

He then wished his son, David, a happy 4th birthday.

Commissioner Schnell thanked everyone who participated in the HGNA breakfast at Ballydoyle's.

Commissioner Durkin noted that the November/December issue of West Suburban Living Magazine has a segment called West Suburbanites of the Year with five recipients.  One of those recipients is Willis Johnson of Tivoli Enterprises who was acknowledged for everything he has done in the community.  He then mentioned the numerous awards received by Mr. Johnson.  He congratulated both Mr. Johnson and his wife, Shirley, for their commitment to community, and what they do for the It's a Wonderful Life fund-raiser.

Mayor Tully congratulated the Indian Boundary YMCA on their 2012 Celebration WhY Gala held last weekend.

The Mayor then congratulated FlavorChem on the dedication of their new facility, which has been added to their Downers Grove campus.  They have been based in Downers Grove since 1982.

Mayor Tully also congratulated all of those running for public office, as it is a bold and noble thing to do.

The Mayor then announced that Downers Grove North plays Benet Academy at North High School on November 10.  He wished the Trojans good luck.  

13. Adjournment

Commissioner Schnell moved to adjourn.  Commissioner Durkin seconded the Motion.

VOTE:  YEA - Commissioners Schnell, Durkin, Rheintgen, Barnett, Neustadt, Waldack, Mayor Tully

Mayor Tully declared the motion carried and the meeting adjourned at 7:50 p.m.