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October 17, 2017

1. Call to Order

Mayor Pro Tem William White 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 Pro Tem White led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Council Attendance (Present):  Commissioner Walus, Commissioner Earl, Commissioner White, Commissioner Hosé, Commissioner Barnett

Absent:  Commissioner Waldack; Mayor Tully

Non-Voting:  Village Manager David 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 Pro Tem 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.

Mayor White 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

MIN 2017-7538 - A. Minutes:  Council Minutes - October 10, 2017


Motion:  Commissioner Earl moved to approve the minutes as presented.  Commissioner Walus seconded the motion.

Mayor White declared the motion carried by voice vote.     

4. Proclamation

Mayor White read a proclamation in support of the DuPage Monarch Project. 

Ken Lerner, Pierce Downer Heritage Alliance, said he appreciated the Village's support and backing it up with activities.  He spoke of the Belmont Train Station area.  He also expressed appreciation for the efforts of the Park District and the Library as well as residents to attract monarch butterflies.

Mr. Lerner then announced that Kim White will speak about the monarch butterflies at the annual budget meeting of the Pierce Downer Heritage Alliance to be held on Thursday, October 19, 2017, at 7:00 p.m. at the Lincoln Center.

Karen Brittain, Special Projects Manager, DuPage Monarch Project, thanked the Council and residents for making DuPage County more monarch friendly.  The Village's actions to protect monarchs will be an example to residents and other communities.  She provided the Village with brochures of the project.

Mayor White asked as to their website.

Ms. Brittain referred people to

5. Public Comments

This is the opportunity for public comments.

Angelo Manzoeillo, 4935 Northcott, spoke about stormwater runoff fees and asked for clarification as to the purpose of the fee.  He said he had record rain and flooding in his driveway on October 14.  He has lived at this property for ten years and nothing has changed.  He asked when he can expect a change on his property that will address this issue.

Mayor White said there was a substantial rain event this past weekend.  The purpose of the stormwater utility fee is not to guarantee that one's property will never flood.  Every dollar is spent on stormwater projects.  The amount of the fee and the projects are decisions the Council makes.  Not every flooded area will be addressed.  The Mayor invited Mr. Manzoeillo to attend the budget meeting.  He said the Village spends money to mitigate flooding throughout the Village.

Mr. Manzoeillo said he has not seen a timetable.

Mayor White referred him to the plans and timetable on the Village's website.

Joyce Blair, 147 White Fawn Trail, said it floods repeatedly and often in Deer Creek, her neighborhood.  It floods every time it rains.  She said it is very disheartening to have this happen repeatedly.  She has been told this is "Westmont water."  She is tired of water in the yard and basement.  She noted that both 55th Street and Fairview were closed over the weekend due to flooding.  The neighbors get water in their basements.  She thinks no one cares because Deer Creek is a small subdivision.

Mayor White said Deer Creek is part of Downers Grove.  Current plans include a significant project to improve the area.  There is money in the budget for several years.

Ms. Blair noted that this did not happen in 1985 or 1995.

Mayor White said the question is how soon the project can be done.  Deer Creek is in the plan.

Dave Fieldman, Village Manager, said the Village prepared a report in 2014.  There are no specific timelines for three projects in the flood plain.  It is in the plan, but given the complexity, cost and regulations, it is several years out.

Ms. Blair said not every home is in the flood plain.  The value of the homes goes down and the taxes go up.  It is affecting home values.

Mayor White said Deer Creek is included in the current round of spending.  The Council is aware of Deer Creek.  All stormwater projects come from the stormwater utility fee.  Stormwater fees will pay for the projects, not property taxes.

Tom Balsamo, 5718 Webster, said he understands that stormwater projects are on-going.  He said the Village has acquired several homes on his block but did not do anything for the creek.  He asked how it caused more flooding when houses were torn down.

Mayor White said he would refer this to staff as he is not qualified to discuss technical details.

Mr. Fieldman said staff is aware of this issue.  The first step was to acquire and knock down the houses.  The second step is to increase capacity of the area which is in the design phase now.  The engineering team is working with outside consultants to address the situation. 

Mr. Balsamo said the Village acquired the lots, but then activity stopped.  He said he thinks action on this would help Deer Creek as well.

Mayor White explained that although he could not provide a definitive answer to the problems expressed, he wanted the residents to know that being before the Council brings attention to the issue.  These concerns are extremely important.

Rory Brenza, 1928 Curtiss, said in 2008 he was a project manager for a construction group.  It has been a common practice for new home builders to connect sump pumps and downspouts into sanitary sewer lines.  He experienced sanitary line backup into his home this past weekend.  Has asked about enforcement after inspections.

Mayor White said this is a code violation.

Mr. Fieldman said the Downers Grove Sanitary District has code enforcement staff.  It is an independent unit of government.  After the building inspection, enforcement is turned over to the Sanitary District.

Mayor White said that although he cannot speak to how prevalent this practice is, it is strictly prohibited.  He said the sanitary sewer lines are somewhat permeable and when the ground is saturated, it soaks through the sewer lines. 

Mr. Brenza said it happens with a 3" or 8" line.

Mayor White said this is a very important issue.

Mr. Brenza said the solution is to vent the water into the homeowner's yard.

Mr. Fieldman urged Mr. Brenza to speak with the Sanitary District; the telephone number is 630-969-0664.

Mayor White noted that the Village and the Sanitary District have good lines of communication.

Gail Tatterson, 1240 Gilbert, said Downers Grove has had a lot of water problems.  She suggested the Village stop talking about remediation and start talking about what's causing it.  It might be more rain or more development.  Council makes the ultimate decision as to what is built.  She asked as to retention requirements for new buildings.  She said the problem will grow and people's quality of life will be affected.  She requested that Council think about water when making decisions.

Mayor White said that at last week's meeting, the majority of the Council was interested in on-site detention options to mitigate water issues.  He said the public has the Council's attention.

Jenny Garst, 5230 Farrar Court, thanked those who showed up to the meeting and urged them to continue to do so and to invite others.  She asked that the public keep the pressure going for stronger stormwater management, and thanked the Council for listening and for reviewing the plans.  She asked as to next steps.

Mayor White staff will evaluate data and come back with recommendations. 

Mr. Fieldman said options are to be presented in late November/early December.

Mayor White said we need good engineers with smart solutions.  He urged people to watch the agenda for when this comes before the Council.

Susan Petkus, 1049 Grove, said it is time to be bold.  She noted that the residents on Grove Street love the permeable pavers installed on the street.

Mayor White thanked people for their comments.  This is an important issue to address.  He noted that he expected to see people at tonight's meeting regarding this issue.  He said managing water is a core service of the Village.


6. Consent Agenda

Mayor White asked for a motion to table to a date uncertain Item D, RES 2017-7542, authorizing a first amendment to Subdivision Improvement Agreement with Bradley Property Holdings, LLC and Bradley Construction Services for McInerney Subdivision. 


Motion:  Commissioner Earl moved to remove this matter from the Consent Agenda and table it to a date uncertain.  Commissioner Walus seconded the motion. 

Votes:  Yea: Commissioners Earl, Walus, Hosé, Barnett; Mayor White

Nay: None

Mayor White declared the motion carried.


COR 2017-7539 - A. Claims Ordinance:  No. 6233, Payroll, September 29, 2017


BIL 2017-7540 - B. Bills Payable:  No. 6358, October 17, 2017


RES 2017-7543 - C. Resolution:  Authorize a Maintenance Agreement and Addendum Agreement with Advent Systems, Inc. for the Maintenance of Closed Circuit Television Systems

Summary:  This authorizes the execution of a three year agreement and addendum with Advent Systems, Inc. for the security systems maintenance at Fire Station #2 (access control, security camera system, intercom), Police Station (security camera system) and the Parking Deck (security cameras, duress system) in the amount of $38,200 for year one and $39,812 for years two and three.   





RES 2017-7546 - E. Resolution:  Authorize a Renewal Agreement with Blue Cross/Blue Shield of Illinois

Summary:  This authorizes a renewal agreement with Blue Cross/Blue Shield of Illinois. 




RES 2017-7547 - F. Resolution:  Authorize a Renewal Agreement with Blue Cross/Blue Shield of Illinois for Stop Loss Insurance Coverage

Summary:  This authorizes a renewal agreement with Blue Cross/Blue Shield of Illinois for stop loss insurance coverage. 




RES 2017-7548 - G. Resolution:  Authorize a Renewal Agreement with Humana

Summary:  This authorizes a renewal agreement with Humana.   




RES 2017-7549 - H. Resolution:  Authorize Amendment #5 to National Insurance Services Trust Joinder Agreement for Long-Term Disability Insurance

Summary:  This authorizes Amendment #5 to Joinder Agreement with National Insurance Services Trust for long-term disability insurance. 




RES 2017-7550 - I. Resolution:  Authorize Amendment #1 to National Insurance Services Trust Joinder Agreement for Group Life Insurance

Summary:  This authorizes Amendment #1 to Joinder Agreement with National Insurance Services for group life insurance. 




RES 2017-7551 - J. Resolution:  Authorize an Extension to the Agreement with Total Administrative Services Corporation d/b/a Genesis Employment Benefits for Administration of the VEBA Health Savings Plan

Summary:  This authorizes an extension to the agreement with Total Administrative Services Corporation d/b/a Genesis Employment Benefits for administration of the VEBA Health Savings Plan. 




MIN 2017-7541 - K. Minutes:  Note Receipt of Minutes of Boards and Commissions

Summary:  Liquor Commission - August 3, 2017


Motion:  Commissioner Earl moved to approve the Consent Agenda as presented.  Commissioner Walus seconded the motion. 

Votes:  Yea: Commissioners Earl, Walus, Hosé, Barnett; Mayor White

Nay: None

Mayor White declared the motion carried.

7. Active Agenda

ORD 2017-7535 - A. Ordinance:  Increase the Number of Beer & Wine Recreational Facility Licenses

Summary:  This increases the number of beer and wine recreational facility licenses. 



Motion:  Commissioner Earl moved to adopt "An Ordinance Increasing the Number of Beer & Wine Recreational Facility Licenses," as presented.  Commissioner Walus seconded the motion. 

Votes:  Yea: Commissioners Earl, Walus, Hosé, Barnett; Mayor White

Nay: None

Mayor White declared the motion carried.

8. First Reading

Mayor White said items under First Reading will not be decided upon at this meeting, but are merely for introductory information.

ORD 2017-7552 - A. Ordinance:  Amend Permit and Background Investigation Provisions for Food Truck Vendors

Mr. Fieldman said this matter was recently discussed.  Council is being asked to consider the following changes to the ordinance:  Require background investigations only for owners; only require those owners/applicants who operate in public parks to be fingerprinted; change the license duration to a rolling 12-month term; and amend the fee to $100 for the initial permit and $25 for a permit renewal. 

Commissioner Barnett asked about managing the requirement for fingerprinting for those vendors that operate in parks.

Mr. Fieldman said the Village provides a map outlining where vendors can operate and vendors will be told where there licenses are valid.  Outside of that, it would be a violation issue.

Commissioner Barnett said he will support this as he supports loosening the regulations.

Mayor White noted that the Council can be contacted at

ORD 2017-7523 - B. Ordinance:  Adopt the Fiscal Year 2018 Budget in Lieu of Passage of an Appropriation Ordinance

Mr. Fieldman noted that this is the third in a series of meetings.  The General Fund and related funds were presented and discussed by Council on October 3, 2017.  The Capital Fund and related funds, including stormwater, were discussed last week.  All other funds are to be addressed tonight.  Staff is looking to Council for direction.  Several questions have been asked and answers have been posted on the Village's website.  Mr. Fieldman reviewed key points:  The General Fund has a planned use of reserves of $320,000 due to the temporary hold back of 10% of State income taxes and due to maintaining a fund balance of 39%, which is looked upon favorably by the rating agencies.  The budget includes $1.5 million revenue from a 1% food and beverage tax that is to replace reductions from other sources that have been affected by changing patterns of consumption as well as changes in the State's budget.  The property tax levy is flat for the seventh consecutive year, except for an increase in the public safety pension levy as required by State law.  The budget reflects further reductions in staffing due to attrition.  Mr. Fieldman said last week's discussion included funding to implement facilities direction, a contribution to OPEB unfunded liability, and continued investment in the infrastructure. 

Mayor White noted information regarding the budget for the Stormwater Fund can be found in Section 4, pp. 20-22, of the FY18 proposed budget.  He reiterated that Council chooses the fee and where the money is spent.

9. Mayor's Report

Mayor White reported that he kicked off the Crop Walk last week.  It was a wonderful event.  He noted that Coffee With The Council will be held on Saturday, October 21, 2018, at 9:00 a.m. at Fire Station 2, 5420 Main Street.  He reiterated the invitation to attend the Pierce Downer Heritage Association event on Thursday. 

10. Attorney's Report

Pursuant to Section 2.5 of the Downers Grove Municipal Code, the following are presented for Village Council consideration:

1.                  An ordinance amending permit and background investigation provisions for food truck vendors

2.                  An ordinance adopting the fiscal year 2018 budget in lieu of passage of an Appropriation Ordinance

11. Council Member Reports

Commissioner Hosé announced Roaring Twenties Casino Night on October 21, 2017, at 7:00 p.m. at the Moose Lodge sponsored by the Downers Grove Junior Woman's Club.  More information can be found at Commissioner Barnett announced a pancake breakfast on Saturday, October 21, 2017, from 8:00 a.m. to 11:00 a.m. at Ballydoyle's to benefit Helping Girls Navigate Adolescence.  This event coordinates with the downtown window painting.  He invited the public to attend.   He said on Sunday, October 22, at 2:00 p.m., Valerie Bertinelli will be at Anderson's Bookshop in Downers Grove.  He said there is always something going on in downtown Downers Grove.

Commissioner Earl noted the monarch butterflies talk to be held on Thursday, October 19, 2017, at 7:00 p.m. at the Lincoln Center.


The Mayor asked for a motion to recess to the Committee Room to discuss the downtown development regulation framework.

Commissioner Earl moved to recess to the Committee Room.  Commissioner Walus seconded the motion.

The Mayor declared the motion carried by voice vote and the Council recessed at 8:03 p.m. 

12. Manager's Report - Committee Room

INF 2017-7501 - A. Information:  Discussion of Downtown Development Regulation Framework

Mayor White reconvened the Council meeting at 8:17 p.m. in the Committee Room and welcomed everyone back for further discussion of the downtown development regulation framework.

Mr. Fieldman said the purpose of the meeting is to further discuss the future of the downtown, including proposed zoning and regulations.  He introduced Stan Popovich, Director, Community Development, to provide information.

Stan Popovich, Director, Community Development, said this is the second meeting of the Council to discuss the regulatory framework developed by the Comprehensive Planning Ad Hoc Committee and the Plan Commission in accordance with Village Council direction.  He said the agenda for the meeting includes a project recap, a recap of the last Council discussion, a recap of the downtown stakeholder meetings, topics for further discussion to include permitted and special uses, architectural design control, and parking regulations. 

The project is based on the Comprehensive Plan recommendations with respect to the framework, bulk regulations, zoning regulations, setback requirements, height requirements, etc.   

At the last Council discussion, the four potential zoning districts were reviewed - Downtown Core, Downtown Edge 1, Downtown Edge 2, and Downtown Transition.  Additionally, Council discussed geographic boundaries, height restrictions, density allowances and setbacks.

Mr. Popovich said staff held two informational meetings for business and property owners to review the framework.  A total of 17 people attended the meetings.  Areas of concern included height reductions, density reductions, setbacks that would result in reduced buildable areas and parking lots.  There was also concern that the proposed change from DB (Downtown Business) zoning district to the DC (Downtown Core) may have a negative impact on future resale value of properties.  Further, the elimination of the drive-through uses throughout the downtown focus area may have a negative impact on existing businesses. 

Mayor White opened the meeting to audience comments.

A resident at 919 Rogers discussed height and setbacks.  He referenced a five-story building on Warren.  They have to have more buildable area.

Cindy Rizzo, 915 Rogers, said the lots are 100' deep.  A 20' setback takes 20 feet off the backend.  She would like to see a more buildable area and would like to see the setbacks reduced.  She said residents will be surrounded by 70' buildings.  She suggested the zoning not be changed.  The proposed setbacks make for small buildable spaces.  She noted that three properties and the parking lot are being swallowed up and this will devalue their properties.

Mayor White said he understands that what is proposed creates a very small buildable area.  He said no decision will be made tonight.

Mr. Popovich said single-family homes and apartments are north of this property.

Pat Smith said he owns a building at 5116 Forest.  He said the setbacks will not work because there is no buildable space.

Mayor White said he understands the concern.  He advised people not to lost track of the process.

Ann Kaarlela, 5120 Forest, said she has a small house only 20' deep.  These are generic regulations.  Meetings are needed for special situations.

Mr. Popovich then discussed permitted and special uses.  He noted that special uses require Council approval.  There are currently two downtown zoning districts - Downtown Business (DB) and Downtown Transition (DT).  In the DB District, use is principally commercial, with some residential uses.  Allowed uses include shops, restaurants, dry cleaners, art studios, day care centers, offices, apartments, condos, etc.  In the DT, allowed uses include single family residential, duplexes, condos, townhomes, apartments, offices, daycare, small art studios, small hair salons, etc. 

Mr. Popovich then reviewed proposed uses in the four proposed downtown zoning districts:  Core, Edge 1, Edge 2, and Transition.  The two current zoning districts are split into four.  He noted that the Zoning Ordinance has a land use table that depicts uses in all of the zoning districts.  Uses have been categorized into groups to make it easier for staff to interpret those uses that are not specifically listed in a table.  The difference in uses comes into play when changing from the commercial to transition districts.

Ms. Rizzo said she doesn't see how some of these uses could be in the Downtown Transition area due to parking restrictions.

Mayor White noted that the Downtown Transition area is more than one block.  While a particular block may have parking issues, a use may be appropriate on another block that has available parking.

Mr. Popovich then described existing parking requirements and proposed parking requirements.  In the DB, the only uses requiring parking are residential units and medical office buildings.  No parking is required for other uses in the downtown area.  In DT, two spaces are required per residential unit, and then requirements vary based upon the use.  Regarding proposed parking regulations, the requirements would be as currently written.  He said Article 7 of the Zoning Ordinance addresses parking.

Commissioner Barnett recommended that grooming and veterinarian care be added to DT district.  He also asked for a definition of "research services."

Mr. Popovich read the definition and said it includes market research and small labs.

Commissioner Barnett said he would like to include this in the DT.  He would like to make the downtown as attractive and flexible as possible.  He said restaurants and wine boutiques may be logical to have in a DT building, if appropriate.  He said financial services sounds like it is part of the research category.  He suggested retail sales be considered as a special use in DT.  Retail sales could include a large variety of businesses, and could include artisan businesses as well.

Mayor White referenced the flow chart in the staff report.  It shows that the Comprehensive Plan has already been adopted by Council.  Now Council's task is to adopt the regulatory framework that will be followed with a Zoning Ordinance.  The goal is to implement the desired state of downtown.  It is to turn the vision found in the Comprehensive Plan into reality.  He said the desired state of downtown, to him, is well articulated by the 2008 Pattern book.  The downtown is the symbolic heart of the community, it is pedestrian-focused rather than automobile-focused, and it is a place where people want to spend time on foot.  It will require synergy among many things - architectural details, mixture of land uses, pedestrian considerations, appropriate building heights, street walls and store fronts, compact street grid, public spaces and gathering areas.  Some of the uses may not help get us to the vision we want.  The goal is to create a place where people want to spend time on foot.  He said he does not think the DuPage Medical option for the Village Hall property promotes that vision for the downtown. 

Commissioner Earl spoke about drive-in or drive through facilities as special uses in the DT district.  She said they do not promote a walkable community.  People in the DT could apply for a drive-through.

Mr. Popovich said existing ones would remain; no new ones would be allowed.

Mayor White asked if a drive-through could be restricted to properties that adjoin Main Street or a major street.

Commissioner Barnett said he agrees with Commissioner Earl.  They should probably be removed from the special uses.  He said the changes that are made will not compel anyone to the new regulations, but as opportunities come up, they will have to follow the new regulations.   

Mr. Popovich then discussed design guidelines.  He said currently this is based on the 2008 Pattern Book and is administered by staff.  Staff considers the building base, middle and top.  Mr. Popovich provided examples for all three areas.  Top of building elements include distinctive corners and cornices, as well as screened mechanical equipment.  Middle sections of the buildings include windows, visual interest through sills, lintels, divided lights, articulated corner buildings and complementary building materials.  He showed photos of façade elements that could include awnings, outdoor cafes, projecting signs, protruding light fixtures, landscaping, benches, balconies, etc.

Mr. Fieldman said the guidelines become mandatory anytime the Council approval is required.  Every new building constructed in the downtown since 2009 has been subjected to mandatory design guidelines.  Staff has recommended and worked with the developer to meet the guidelines.  Mr. Fieldman then spoke about bulk regulations and the design of the building.  A building that is "too big" is a bulk regulation issue, not a design issue.

Commissioner Earl said the public feels they have no impact and buildings are being jammed down their throats.  She asked if there is a process that provides for public input earlier in the process, instead of after the fact.  She said it would serve the Village to have public feedback sooner.

Mayor White referenced an article regarding public engagement.  Members of the public do not feel involved when they are presented with a finished plan.  The amount of effort that would be needed to change the plan at that point is very significant.  He said he would find the article and distribute it.  He then commented that his largest area of concern is filling in spaces with new buildings.  Changing owners or changing tenants would not be a triggering event.  Construction of a new building, however, is a triggering event.  Putting a building in the downtown area should fulfill the vision for a downtown that people want to visit.

Commissioner Barnett said there are two questions:  1)  Do the design guidelines need to be changed; 2)  Is there a way to structure a process to allow the public to feel better about their engagement. 

Commissioner Barnett said he would like to get dates and deliverables as they relate to this discussion.  He is disappointed in the way it's gone so far.  He thinks decisions should have been made by now.

Mr. Fieldman said staff will put together a tentative schedule. 

Kathy Viskocil, 5109, 5lll Main Street, asked for a meeting with staff.  

13. Adjournment

Motion:  Commissioner Earl moved to adjourn.  Commissioner Waldack seconded the motion.   

Mayor White declared the motion carried by voice vote and the meeting adjourned at 9:19 p.m.

Respectfully submitted,

April Holden

Village Clerk