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March 17, 2015

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 Tiger Scouts, Pack 89, to assist him in leading those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Council Attendance: Commissioner Hosé, Commissioner Olsen, Commissioner Rheintgen, Commissioner Barnett, Commissioner Neustadt, Commissioner Durkin; Mayor Tully

Staff Attendance: Village Manager Dave Fieldman, Village Attorney Enza Petrarca, Village Clerk April Holden

The 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 past meetings, an opportunity will be given for public comments and questions of a general nature.  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 Mayor stated that at the appropriate time the presiding officers will ask if there are any comments from the public.  Individuals wishing to speak, should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name.  Remarks should be limited to five minutes, and individuals are asked to refrain from making repetitive statements. 

The Mayor 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. Presentations

High School District 99 Band Trip to Carnegie Hall

Mayor Tully noted that District 99's Band recently took part in a trip to perform in Carnegie Hall.  Mr. Brayer Teague and Mr. Glenn Williams from District 99 were in attendance. 

Mr. Teague thanked the Council for its recognition.  He said that 350 student musicians participated in the concert at Carnegie Hall.  Two students from Downers Grove North and Downers Grove South gave a summary of their experience playing at Carnegie Hall.   A brief video presentation was shown. Lee, a Senior at South said when they arrived in New York is when he really understood what an experience this was.  Belle, a Junior at North said that the sense of community built among the students from both high schools stood out for her.  The musical interactions were incredible.   Cassie, a Senior at South, said touring New York City was exhilarating including the top of the Rockefeller Center, and seeing the 9/11 museum.  It was not just about the music but the entire experience.   Todd, a Junior at North said everyone seems to know about Carnegie Hall, even from an early age.  They spent so much time practicing.  He never had any idea what it would be like to play in Carnegie Hall, and he said that the stage was amazing.  So much time and effort went into playing at Carnegie Hall.  It was a great experience and it was wonderful.

Mr. Williams said that the students were wonderful ambassadors.  It was exciting to take 350 students and seven buses to Manhattan.  He was pleased and proud to represent the schools and the community.  Tour guides and bus drivers told him that these students were absolutely wonderful to work with and the schools should be proud of them.

The Mayor thanked them all for sharing this amazing experience with the Village Council.

Commissioner Olsen said he was a member of the marching and jazz bands at South High.  He congratulated all the students, and encouraged them to continue to engage in music. 

Commissioner Neustadt also thanked the students and school representatives for coming to the meeting.  This was their most recent trip.  He then referenced other trips they have taken and thanked them for representing the community so well.

Commissioner Durkin asked how they were invited.  Mr. Teague replied that they started looking at New York about 18 months ago, and were drawn by the connections to Ithaca College.  They reached out to a promoter and had an opportunity to pitch a program.  The program featured students and alumni.  Commissioner Durkin thanked them all for coming tonight. 

Mayor Tully thanked them again for sharing this experience and for being such excellent ambassadors for the Village.

Officer Barth Anniversary

Police Chief Robert Porter said that tomorrow is the 41st anniversary of the slaying of Officer Barth, the only Downers Grove Police Officer killed in the line of duty.  He asked that residents reflect on his sacrifice and continue to support our Police officers.  He also asked that they keep the family of Officer Barth in their thoughts as well.

Mayor Tully said that the ceremony at Barth Pond is moving and reflective.  There is a plaque installed in his honor at the Police Department.

4. Minutes of Council Meetings

MIN 2015-6156 - A. Minutes:  Council Minutes - March 10, 2015

 

Motion:  Commissioner Neustadt, seconded by Commissioner Durkin moved to approve the minutes as presented. 

Votes:  Yea: Commissioner Neustadt, Commissioner Durkin, Commissioner Hosé, Commissioner Olsen, Commissioner Rheintgen, Commissioner Barnett; Mayor Tully

The Mayor said the minutes were approved as presented.

5. Council Member Reports

Commissioner Rheintgen invited everyone to attend the Pancake Breakfast to be held on Saturday from 8:00-11:00 at the Moose Lodge.  The event is sponsored by Cub Scouts Pack #86. 

Commissioner Durkin wished everyone a happy and safe St. Patrick's Day.

Commissioner Neustadt said there would be a "Managing Your Stormwater" Workshop tomorrow evening, 7:00 p.m., at Village Hall.

6. Consent Agenda

The Mayor said item D, MOT 2015-6155, a motion to authorize participation with Lake County in the joint purchase of bulk rock salt for 2015/2016 season has been removed from the consent agenda and will be considered separately.

 

COR 2015-6153 - A. Claims Ordinance:  No. 6097, Payroll, February 20, 2015

 

BIL 2015-6154 - B. Bills Payable:  No. 6180, March 17, 2015

 

MOT 2015-6111 - C. Motion:  Award a Contract for $1,410,663.25 to Swallow Construction, Inc., Downers Grove, IL, for 2015 Water Main Improvements

Summary:  This awards a contract for the 2015 Water Main Improvements to Swallow Construction, Inc. of Downers Grove, Illinois in the amount of $1,410,663.25.

 

MOT 2015-6164 - E. Motion:  Authorization Participation with DuPage County in the Joint Purchase of Bulk Rock Salt for 2015/2016 Season

Summary:  This authorizes participation with DuPage County in the joint purchase of bulk rock salt for the 2015/2016 season by requesting an allocation of 2,000 tons.

 

RES 2015-6112 - F. Resolution:  Authorize a Contract Extension with Visu-Sewer of Illinois, LLC

Summary:  This authorizes a contract extension with Visu-Sewer of Illinois, LLC of Bridgeview, Illinois until December 31, 2015 for the provision Storm Sewer Television Inspection (CCTV) and Cleaning services. The contract price increases by 2%, for a total price of $80,427.

A RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO THE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND VISU-SEWER OF ILLINOIS, LLC

RESOLUTION 2015-23

 

MOT 2015-6113 - G. Motion:  Award a Contract for $76,500.00 to Central Blacktop Company, Inc., LaGrange, IL, for Hot Mix Asphalt Materials

Summary:  This awards a contract for the supply of hot mix asphalt materials to Central Blacktop Company, Inc. of LaGrange, Illinois, in the amount of $76,500.

 

MOT 2015-6123 - H. Motion:  Award $200,000.00 to Denler, Inc., Mokena, IL, for 2015 Crack Sealing Project

Summary:  This awards a contract for the 2015 Crack Sealing Project to Denler, Inc. of Mokena, Illinois in the amount of $200,000.00.

 

MOT 2015-6114 - I. Motion:  Award a Contract for $20,000 to Elmhurst Chicago Stone, Elmhurst, IL, for Ready Mix Concrete

Summary:  This awards a contract for the supply of ready mixed concrete to Elmhurst Chicago Stone of Elmhurst, Illinois as the lowest responsible bidder in an amount of $20,000.

 

RES 2015-6115 - J. Resolution:  Authorize an Extension to the Agreement with 3M Company

Summary:  This authorizes a contract extension with 3M Company of St. Paul, MN until December 31, 2015 for traffic sign materials for a total not-to-exceed $20,000.

A RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO THE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND 3M COMPANY

RESOLUTION 2015-24

 

MOT 2015-6142 - K. Motion:  Award $40,897.50 to DMD Consultants, Inc., Mosheim, Tennessee, for 2015 Fire Hydrant Painting Program

Summary:  This awards a contract for the 2015 fire hydrant painting program to DMD Consultants, Inc. of Mosheim, Tennessee in the amount of $40,897.50.

Laurel Bowen, 829 Clyde Drive, suggested that the Village begin looking into the fire hydrant program to include children painting hydrants in their neighborhoods.  That would involve the community and save money.

Commissioner Durkin said he has asked this same question over the years.  Mr. Fieldman said that staff can get information on that. 

 

MOT 2015-6141 - L. Motion:  Authorize a Three-Year Contract for $339,202.00 with M.E. Simpson Co., Inc., Valparaiso, IN, for Fire Hydrant Maintenance and Flow Testing

Summary:  This authorizes execution of a three-year contract for fire hydrant maintenance and flow testing services to M.E. Simpson Co., Inc. of Valparaiso, Indiana in the amount of $339,202.

 

Motion:  Commissioner Neustadt, seconded by Commissioner Durkin moved to adopt the Consent Agenda.

Votes:  Yea: Commissioner Neustadt, Commissioner Durkin, Commissioner Hosé, Commissioner Olsen, Commissioner Rheintgen, Commissioner Barnett; Mayor Tully

Mayor Tully declared the motion carried.

7. Active Agenda

ORD 2015-6039 - A. Ordinance:  Adopt the 2015 Zoning Map

Summary:  This approves and authorizes publication of the 2015 Village of Downers Grove, IL, Zoning Map, corrected to 03-17-15.  Pursuant to State law, the Village is required to approve and publish its Zoning Map on an annual basis. 

AN ORDINANCE ADOPTING AND APPROVING PUBLICATION OF THE VILLAGE OF DOWNERS GROVE 2015 ZONING MAP

ORDINANCE NO. 5452

1. Dr. Gordon Goodman, 5834 Middaugh, commented that there is a portion of the Zoning Map that is in Downers Grove, but the Park District is the Westmont Park District.  He tried to help the residents in that area change to Downers Grove Park's District.  He hopes that staff can work with the Park District of Westmont to adjust its boundaries.

Commissioner Rheintgen said she is in that group.  The boundaries have not been changed, in part, due to Westmont bonds; however, the Downers Grove Park District has given accommodating rates to those residents.

Dr. Goodman replied that he is hoping they continue to work on it now for the future, as it relates to continuing and future bonds.

2. Mike Anderson, 424 Hill Street, said that his parcel has two zonings, R-1 and R-2.  Mr. Fieldman said that staff would work with Mr. Anderson.

 

Motion:  Commissioner Neustadt, seconded by Commissioner Durkin moved that this item be adopted.

Votes:  Yea: Commissioner Neustadt, Commissioner Durkin, Commissioner Hosé, Commissioner Olsen, Commissioner Rheintgen, Commissioner Barnett; Mayor Tully

Mayor Tully declared the motion carried.

 

ORD 2015-6122 - B. Ordinance:  Amend Parking Restrictions on Burlington Avenue

Summary:  This amends a section of the Municipal Code concerning "No Parking Any Time" and "2 Hour Parking" restrictions along Burlington Avenue, between Fairview Avenue and Wilcox Avenue.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON BURLINGTON AVENUE

ORDINANCE NO. 5453

 

Commissioner Durkin referenced an e-comment and asked whether it has been addressed.  Mr. Fieldman said that staff will look into this comment.  He said staff believes that what is presented is correct.

 

Motion:  Commissioner Neustadt, seconded by Commissioner Durkin moved that this item be adopted.

Votes:  Yea: Commissioner Neustadt, Commissioner Durkin, Commissioner Hosé, Commissioner Olsen, Commissioner Rheintgen, Commissioner Barnett; Mayor Tully

Mayor Tully declared the motion carried.

 

MOT 2015-6155 - D. Motion:  Authorize Participation with Lake County in the Joint Purchase of Bulk Rock Salt for 2015/2016 Season

Summary:  This authorizes participation via the State contract in the joint purchase of bulk rock salt for the 2015/2016 season by requesting an allocation of 2,000 tons.

Motion:  Commissioner Neustadt moved to authorize the purchase of 2,000 tons of bulk road salt via the State contract.  Commissioner Olsen seconded the motion.

Votes:  Yea: Commissioner Neustadt, Commissioner Olsen, Commissioner Hosé, Commissioner Rheintgen, Commissioner Barnett. Commissioner Durkin; Mayor Tully

Mayor Tully declared the motion carried.

8. First Reading

9. Mayor's Report

New Business

RES 2015-6151 - A. Resolution:  Urging the Governor and General Assembly to Protect Full Funding of Local Government Distributive Fund Revenues

Summary:  This urges the Governor and General Assembly to protect full funding of Local Government Distributive Fund revenues. 

A RESOLUTION URGING THE GOVERNOR AND GENERAL ASSEMBLY TO PROTECT FULL FUNDING OF LOCAL GOVERNMENT DISTRIBUTIVE FUND REVENUES

RESOLUTION 2015-25

 

Mayor Tully noted that last week this item was brought forward for discussion and several questions were raised regarding the wording of the Resolution.  The Resolution has since been revised, and is ready for a vote.

Commissioner Hosé said he supports this Resolution.  He referenced his earlier comments regarding being well positioned, but he did not mean that a cut would not have an impact on the Village.  The Village operates leanly and any cut in the LGDF will have an impact on services provided.

Commissioner Durkin said he attended a luncheon where the Governor spoke.  He said that the Governor is very serious about Local Government Distributive Fund Revenue cuts and freezes in property taxes.  Commissioner Durkin said that the Village should have a solid plan in place and should take this very seriously.  He asked as to the plan of the Resolution.

Mayor Tully replied that passing the Resolution is one step.  All municipalities in DuPage County are being asked to pass a similar resolution to show unity.  He said that they recognize the Governor's goals drive the economy, but a big cut might misalign the goals.  The Village wants to work with the State to address the budget issues.  Those messages are being communicated through the conference of governments websites to allow residents to be informed about the issue and communicate with the Governor's office and the General Assembly.  He added that multiple trips are planned to Springfield.  

 

Motion:  Commissioner Geoff Neustadt, seconded by Commissioner Sean Durkin moved that this item be adopted.

Votes:  Yea: Commissioner Neustadt, Commissioner Durkin, Commissioner Hosé, Commissioner Olsen, Commissioner Rheintgen, Commissioner Barnett; Mayor Tully

Mayor Tully declared the motion carried.

10. Manager's Report

11. Public Comments

This is the opportunity for the public to comment on non-agenda items.

1. Bill Wrobel, 7800 Queens Court, said that he took up the issue regarding the changed Agenda to put Public Comments at the end of the meeting.  He referenced an organizational chart showing that the public is #1 on the chart.  He is disturbed that someone changed the Agenda and the protocol.   He would like the Council to review this when people are still here.

Mayor Tully replied by apologizing for not getting back to Mr. Wrobel.  Changes in the Agenda take place from time to time.  He was asked to move it to the end of the Agenda because people who came about a specific item on the Agenda had to wait for over an hour to speak on their Agenda item.  The Mayor said that staff and Council will review this change.  Changes are to enhance the meetings.

Mr. Wrobel responded that the Chair can ask how many people are present to speak on a topic and rearrange the Agenda at his prerogative.  He finds this counterproductive to the public.  He feels it is less friendly at the end of the Agenda.

2. Jeff DeCicco, 416 Hill Street, said he was recently informed about Wolf Pack Development on Fairview that intends to build a condo-development.  There is a desire to rezone 5212-5214 Fairview to multi-family.  The development would extend to his backyard which is already a marsh or wetland.  His tile drains at the maximum.  The development will cause additional flooding.  Mr. DeCiccio said he opposes changes in the zoning behind him.

3. Betsy Grom who resides on Hill Street and is a neighbor of Mr. DeCiccio's said that she repaired her foundation ten years ago due to water problems.  She is not opposed to change, but doesn't expect a developer should be able to rezone neighboring properties.

4. Mike Anderson, 424 Hill, said that he spent $12,000 on foundation repair due to erosion and water concerns.  Drainage issues have caused problems.  He asked that the Council please consider not rezoning these properties. Their area epitomizes Downers Grove, and this development changes the character of the area.  He asked that the Council maintain the integrity of the area.

5. Shannon Carey, 5219 Grand, commented that her lot backs up to the area in question.  There is still a lot of water back of her lot, and the neighbors are not in favor of this development.

6. Dr. Gordon Goodman, 5834 Middaugh, asked about the Motion to help relocate the Edwards house.  He asked as to the status of the move and the development.    Mayor Tully asked if there is commencement of construction.

Mr. Fieldman responded that staff expects permit materials to be submitted and expects permits to be issued by the end of May.  He has also been in touch with Mr. Tillotson.

Dr. Goodman commented that the developer could remove trees without the review of the Village, but to demolish structures, demolition permits would have to be issued.  He asked what the criteria are for issuing that permit.

Mayor Tully said if they meet the criteria, a permit is issued.

Mr. Fieldman commented that the requirements are administrative but not discretionary, and they are entitled to the permit.  Permits are generally handled in a matter of days.

7. Howard Melnick, 5700 Walnut, spoke regarding upgrading commuter parking in the Belmont Station lot.  It includes resident and non-resident spots.  Residents without a permit pay more than non-residents in addition to paying taxes, etc.  He noted that there are 316 permits for non-residents and 151 permits for residents.  He noted that the non-residents have no vested interest in the Village.

Mayor Tully noted that this question has been raised before. The Village does not have complete control in this situation.

Mr. Fieldman said that Metra does provide funds.  The Village will work with the residents.

Mayor Tully noted that the Village has to cooperate with Metra with respect to the overall Metra parking.  Mr. Melnick's sentiments are shared, and staff will look into this.  Metra's interests are broader than Downers Grove.

8. Laurel Bowen, 829 Clyde Drive, commented about the microphones again.  The audience cannot hear the Village Manager speak.  With regard to financials, Ms. Bowen said she lost her job in 2008 when her company closed.  Everyone has to take a cut.  She said they can take a cut off salaries at Village Hall.  There is a sign at 59th and Main regarding cutting through traffic at Washington Street.  Commissioner Hosé has said that no one reads signs.   Ms. Bowen asked for a report.  There are 733 signs at a cost of more than $48,000, and the Council is now considering new gateway signs,

Commissioner Hosé replied that he said people ignore signs.  Many follow them but not everybody does.  He said he is willing to put up signs; he doesn't know, however, that they will be followed.

Ms. Bowen stated that the plan calls for closing Washington to Main Street.  Traffic will come in and go out on 61st Street through Clyde Estates.  She said that the Village should address where the water problems are, and they should not go overboard in Clyde Estates with the ditches.  Her property is below the road, and the water stays on her property.  She has not had flooding.

Mayor Tully replied that some of her neighbors have a different view.

Ms. Bowen said the Council should reprioritize where the money is being spent.

9. A resident at 405 Hill spoke about the rezoning on Fairview.  He supported his neighbors' earlier comments and is opposed to the development.  He also addressed traffic issues and parking issues in that specific neighborhood.

Mayor Tully said that there is a potential request to rezone 5212 and 5214 Fairview.  He asked Village Attorney Petrarca to provide a generic process of how rezonings occur.

Village Attorney Enza Petrarca said a petition would be filed to rezone a location, followed by a neighborhood meeting, with notice sent to the neighbors.  The Plan Commission would hold a hearing and make a recommendation to the Village Council.  Notice would be placed on the Agenda for a First Reading, and then on the Active Agenda for a vote.  It is a several month process. 

Mr. Fieldman said it takes about four months

Mayor Tully explained there would be many opportunities to hear from the public again.

10. John Povlivka, 6016 Washington, asked if he was wrong that before a request goes to the Plan Commission, the developer would deal with staff.  Attorney Petrarca said that was correct.  Mr. Povlivka said this bothers him because the perception is that staff has worked with the developer for months.  Residents have to build their case to present to the Council.  He suggested appointing an advocate for the residents to help them present their case.

Mayor Tully replied that he sees the good intent, but staff isn't an advocate for the petitioner.  Staff reviews to see whether the plan will work within the parameters of Village Ordinances.  Staff works with homeowners as well to facilitate their projects.  Staff makes recommendations as to whether the proposal fits within the parameters.  We try to facilitate the petitioner, whoever it is.

Mr. Povlivka commented that the perception is that staff presents the developer's case and generally recommends approval.  He requested that an individual be appointed to help residents.

Mr. Fieldman said that they have had several examples of coaching neighbors as to how to object.  The project manager handles that. 

Dr. Goodman said it is important to him as well that residents have proper contact with the staff so their position is well understood by the Commission or the Council.  He asked about staff involvement with those who opposed the development.

Mr. Fieldman responded that staff told them how the standards are applied and how to object based on the Standards.  Several conversations were documented.

Ms. Bowen commented regarding Clyde Estates, saying those residents didn't have a coach to help them address their opposition.  She asked that the meeting be recorded and staff refused.  Council and management staff were not present.  She asked why the Council doesn't want to interact with the people.  No one cares about the impact of the projects on homes.

12. Council Member New Business

13. Adjournment

Mayor Tully asked for a Motion to adjourn.

Commissioner Neustadt moved to adjourn.  Commissioner Durkin seconded the motion.

Votes:  Yea: Commissioner Neustadt, Commissioner Durkin, Commissioner Hosé, Commissioner Olsen, Commissioner Rheintgen, Commissioner Barnett; Mayor Tully

Mayor Tully declared the motion carried and the meeting adjourned at 8:42 p.m.