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December 12, 2017

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 led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Council Attendance (Present):  Commissioner Walus, Commissioner Earl, Commissioner Waldack, Commissioner White, Commissioner Hosé, Commissioner Barnett; Mayor Tully

Absent:  None

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 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 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

MIN 2017-7629 - A. Minutes:  Council Minutes - December 5, 2017

Motion:  Commissioner White moved to approve the minutes as presented.  Commissioner Waldack seconded the motion.

Mayor Tully declared the motion carried by voice vote.     

4. Proclamation

Mayor Tully stated that there were some special sports legends present at the meeting. He said that Downers Grove's North Cross Country Boys Team won the State of Illinois Championship in Class 3A, and finished 4th in the nation.  He then read a Proclamation congratulating the State Champions, and noted that the Village will create a street sign to be placed near the school. He proclaimed Tuesday, December 12, 2017 as Downers Grove North High Trojan's Boys' Cross Country Team Day in the Village.  He invited them to serve as the Grand Marshals in the Village's July 4th Parade.  The Mayor presented the Proclamation to the team and their coaches.

5. Public Comments

This is the opportunity for public comments.

1. Scott Raush, 826 Rogers, expressed his concern with the zoning proposals for the area of Rogers Street.  He felt it should be changed to transitional zoning to control the density.

Mayor Tully replied that this item will be discussed in Section 8B of the Agenda, and the Village will not be voting on this this evening.  He said that email and phone calls from the public helps the Council know what the residents want.  He also announced that Coffee With the Council will take place this Saturday at the Library from 9:00-10:00 a.m., if anyone wants to discuss this with members of the Council.

6. Consent Agenda

BIL 2017-7630 - A. Bills Payable:  No. 6368, December 12, 2017

RES 2017-7628 - B. Resolution:  Authorize the Sale by Public Auction of Personal Property Owned by the Village of Downers Grove

Summary:  This authorizes the sale by public auction of personal property owned by the Village of Downers Grove.

A RESOLUTION AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF DOWNERS GROVE

RESOLUTION 2017-97

 

MOT 2017-7625 - C. Motion:  Authorize the Purchase of Four 2018 Ford Police Interceptor Utilities, One 2018 Ferrara Igniter Pumper and One 2018 Ford F-250 Replacement Vehicles

Summary:  This authorizes the purchase of the following replacement vehicles:  Four 2018 Ford Police Interceptor Utilities from Currie Motors, in the total amount of $186,182.96; one 2018 Ferrara Igniter Pumper from AEC Fire and Safety of Springfield, Illinois in an amount not to exceed $608,597.00; one 2018 Ford F-250 from Currie Motors, in the total amount of $57,783.00.

 

MOT 2017-7631 - D. Motion:  Issue 2018 Class A Scavenger License to Allied Waste Services of North America, LLC

Summary:  Application has been made by Allied Waste Services of North America, LLC for a Class "A" scavenger license.  Finding that Allied complies with the applicable requirements of the Municipal Code, this approves and authorizes issuance of a Class "A" scavenger license to Allied Waste Services of North America, LLC for 2018.  This license allows Allied to serve all premises within the Village.  Allied is currently under contract with the Village to provide single-family scavenger, recycling and yard waste services through March 2023.

 

RES 2017-7542 - E. Resolution:  Authorize a First Amendment to Subdivision Improvement Agreement with Bradley Property Holdings, LLC and Bradley Construction Services for the McInerney Subdivision

Summary:  This is a first amendment to the originally approved Subdivision Improvement Agreement to complete the development of McInerney Woods Subdivision.

A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE, AND BRADLEY PROPERTIES HOLDINGS, LLC AND BRADLEY CONSTRUCTION SERVICES FOR THE MCINERNEY SUBDIVISION

RESOLUTION 2017-98

 

Motion:  Commissioner White moved to approve the Consent Agenda as presented.  Commissioner Waldack seconded the motion. 

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

Nay: None

Mayor Tully declared the motion carried.

7. Active Agenda

ORD 2017-7571 - A. Ordinance:  Rezone Certain Property Located at 4340 Prince Street

Summary:  This rezones property at 4340 Prince Street from B-2, General Retail Business District and R-6, Residential Apartment/Condo 6 to INP-1, Neighborhood-Scale Institutional and Public District. 

AN ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 4340 PRINCE STREET

ORDINANCE NO. 5657

Motion:  Commissioner White moved to adopt "An Ordinance Rezoning Certain Property Located at 4340 Prince Street," as presented.  Commissioner Waldack seconded the motion.

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

Nay: None

Mayor Tully declared the motion carried.

 

ORD 2017-7598 - B. Ordinance:  Authorize the Extension of a Special Use to Permit Construction and Redevelopment of a Fueling Station and Car Wash at 1401-1445 Ogden Avenue to March 20, 2018

Summary:  This authorizes the extension of a special use to permit construction and redevelopment of a fueling station and car wash at 1401-1445 Ogden Avenue to March 20, 2018. 

AN ORDINANCE AUTHORIZING THE EXTENSION OF A SPECIAL USE TO PERMIT CONSTRUCTION AND REDEVELOPMENT OF A FUELING STATION AND CAR WASH AT 1401-1445 OGDEN AVENUE TO MARCH 20, 2018

ORDINANCE NO. 5658

Motion:  Commissioner White moved to adopt "An Ordinance Authorizing the Extension of a Special Use to Permit Construction and Redevelopment of a Fueling Station and Car Wash at 1401-1445 Ogden Avenue to March 20, 2018," as presented.  Commissioner Waldack seconded the motion.

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

Nay: None

Mayor Tully declared the motion carried.

 

RES 2017-7593 - C. Resolution:  Grant Historic Landmark Designation for 4632 Main Street

Summary:  This grants historic landmark designation for 4632 Main Street. 

A RESOLUTION GRANTING HISTORIC LANDMARK DESIGNATION FOR 4632 MAIN STREET

RESOLUTION 2017-99

Motion:  Commissioner White moved to adopt "A Resolution Granting Historic Landmark Designation for 4632 Main Street," as presented.  Commissioner Waldack seconded the motion.

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

Nay: None

Mayor Tully presented a Certificate of Landmark Designation to Mr. and Mrs. Beechler, owners of this property.

 

RES 2017-7594 - D. Resolution:  Grant Historic Landmark Designation for 1324 Maple Avenue

Summary:  This grants historic landmark designation for 1324 Maple Avenue. 

A RESOLUTION GRANTING HISTORIC LANDMARK DESIGNATION FOR 1324 MAPLE AVENUE

RESOLUTION 2017-100

Motion:  Commissioner White moved to adopt "A Resolution Granting Historic Landmark Designation for 1324 Maple Avenue," as presented.  Commissioner Waldack seconded the motion.

Shanon Tully, 5413 Main Street, expressed support for this and the Beechler home on behalf of the Friends of Edwards House. They are pleased with the number and character of the homes that are being voluntarily landmarked.  She said that the group is grateful to the homeowners as well as to the Village, neighbors and community.

 

Cindy Zaeske, 1130 Franklin, said she also has a landmarked home and welcomed the owners of these two new landmarked homes.  She also presented them with a calendar of the landmarked homes in the Village.

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

Nay: None

Mayor Tully declared the motion carried.

Mayor Tully presented the owners of 4632 Main Street with a Certificate of Landmark Designation, and thanked them for landmarking their home.

 

ORD 2017-7607 - E. Ordinance:  2017 Aggregate Tax Levy

Summary:  This establishes the 2017 Downers Grove Aggregate Tax Levy in the amount of $21,801,705.76 for the Village of Downers Grove and $5,182,314 for the Library. 

2017 AGGREGATE TAX LEVY ORDINANCE

ORDINANCE NO. 5659

Motion:  Commissioner White moved to adopt the "2017 Aggregate Tax Levy Ordinance," as presented.  Commissioner Waldack seconded the motion.

Commissioner Barnett stated that he was not in favor of the budget last week and will not support this ordinance.  He doesn't believe they are making good progress on many issues.

Commissioner Hosé said that he voted against the budget, but he thinks they have a lot to do and he will vote in support of this ordinance.

Commissioner Waldack commented that he will support the levy.  If a levy is not passed, he thinks it will be a total disaster.

Mayor Tully said that the Village should be proud that the levy is not increasing property taxes for Village operations at all, for the 7th straight year.  He noted that it is a remarkable accomplishment, and is difficult to sustain.  He further noted the achievements of the Village during that time including maintaining a AAA bond rating, receiving numerous governmental finance and budget awards, continuing to have a ISO Class 1 rated Fire Department putting the Village in the top 1% in the entire nation, and continuing to have a certified Police Department that has also placed the Village in the top 1% in the nation. So somehow, without raising property taxes, the Village is still able to deliver superior services to the community. He has been in favor of trying to maintain providing quality services without increasing property taxes. The Village Staff has been creative, innovative and has engaged in collaboration, cooperation and consolidation to achieve the Village's goals.  He is glad about that. 

However, Mayor Tully said that what he is not glad about is different than what Commissioners Barnett or Waldack said.  He noted that the Downers Grove Public Library is fantastic, is a gem in the community, provides excellent service, and is extremely well used and popular by our community and other communities. He noted that his comments should not reflect negatively on the services provided by the Library to the Village. He explained that the Downers Grove Public Library is a component of the Village of Downers Grove, but it is separately governed with its own Board of Trustees and Director.  They set their own property tax levy and establish their own budget. As a component of the Village, the Council has to accept their levy and does not have a "thumbs up" or "thumbs down" authority.  The Council also has no line-item veto.

In contrast to the Village not increasing its property taxes for seven years running for operations, Mayor Tully stated that the Downers Grove Public Library has increased its property tax levy each of the last five years-5% in 2013 and 2014, 3.5% in 2015, 4.5% in 2016 and 2.75% now. He cannot support that and his only choice to send a message to the community, to the Library Board of Trustees and to future Council is by his vote. He noted that his concern is not that the Library does not try. He said they have a relatively new Director who is reportedly outstanding, a new President of the Board of Trustees, and a number of new Trustees.  He commented that every year he has noted that the Library has raised its levy, and he is going to vote against this to send a message that the Library can do the same thing that the Village of Downers Grove has done, which is to maintain high quality services that are the envy of other communities without increasing property taxes for operations. He realizes that the Village cannot continue to do that forever; however, over the past five years the Library Board has not done it once.  He doesn't think that is acceptable and he doesn't think the public should see it as acceptable.  This is a challenge to this new Library Board, future library boards and future Village Councils to assure consistency in their approach to fiscal responsibility.  It is their responsibility to demonstrate that it's not always necessary to raise property taxes in order to deliver quality service to Village residents.

Votes:  Yea: Commissioners White, Waldack, Walus, Earl, Hosé

Nay: Commissioner Barnett; Mayor Tully

Mayor Tully declared the motion carried.

 

ORD 2017-7608 - F. Ordinance:  Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Service Area)

Summary:  This establishes the Special Service Area #2 (Downtown Special Service Area) tax levy in the amount of $247,000. 

AN ORDINANCE FOR LEVYING OF THE TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2017 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2017 FOR THE VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #2                  (DOWNERS GROVE DOWNTOWN SERVICE AREA)

ORDINANCE NO. 5660

Motion:  Commissioner White moved to adopt "An Ordinance for the Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Service Area)," as presented.  Commissioner Waldack seconded the motion.

Votes:  Yea: Commissioners White, Waldack, Walus, Earl, Hosé; Mayor Tully

Nay: Commissioner Barnett

Mayor Tully declared the motion carried.

 

ORD 2017-7609 - G. Ordinance:  Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #4 (Green Acres Subdivision)

Summary:  This establishes the tax levy for the Green Acres Subdivision Special Service Area #4 in the amount of $0.00. 

AN ORDINANCE FOR LEVYING OF THE TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2017 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2017 FOR THE VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #4                         (GREEN ACRES SUBDIVISION)

ORDINANCE NO. 5661

Motion:  Commissioner White moved to adopt "An Ordinance for the Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #4 (Green Acres Subdivision)," as presented.  Commissioner Waldack seconded the motion.

Votes:  Yea: Commissioners White, Waldack, Walus, Earl, Hosé; Mayor Tully

Nay: Commissioner Barnett

Mayor Tully declared the motion carried.

 

ORD 2017-7610 - H. Ordinance:  Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #5 (Atwood Subdivision)

Summary:  This establishes the tax levy for the Atwood Subdivision Special Service Area #5 in the amount of $0.00. 

AN ORDINANCE FOR LEVYING OF THE TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2017 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2017 FOR THE VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #5                    (ATWOOD SUBDIVISION)

ORDINANCE NO. 5662

Motion:  Commissioner White moved to adopt "An Ordinance for the Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #5 (Atwood Subdivision)," as presented.  Commissioner Waldack seconded the motion.

Votes:  Yea: Commissioners White, Waldack, Walus, Earl, Hosé; Mayor Tully

Nay: Commissioner Barnett

Mayor Tully declared the motion carried.

 

ORD 2017-7611 - I. Ordinance:  Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #6 (Fairview Fire Protection District)

Summary:  This establishes the tax levy for the Fairview Fire Protection District Special Service Area #6 in the amount of $84,065.00. 

AN ORDINANCE FOR LEVYING OF THE TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2017 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2017 FOR THE VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #6                  (FAIRVIEW FIRE PROTECTION DISTRICT)

ORDINANCE NO. 5663

Motion:  Commissioner White moved to adopt "An Ordinance for the Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #6 (Fairview Fire Protection District)," as presented.  Commissioner Waldack seconded the motion.

Votes:  Yea: Commissioners White, Waldack, Walus, Earl, Hosé; Mayor Tully

Nay: Commissioner Barnett

Mayor Tully declared the motion carried.

 

ORD 2017-7612 - J. Ordinance:  Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #7 (Dunham Subdivision)

Summary:  This establishes the tax levy for the Dunham Subdivision Special Service Area #7 in the amount of $0.00. 

AN ORDINANCE FOR LEVYING OF THE TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2017 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2017 FOR THE VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #7                   (DUNHAM SUBDIVISION)

ORDINANCE NO. 5664

Motion:  Commissioner White moved to adopt "An Ordinance for the Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #7 (Dunham Subdivision)," as presented.  Commissioner Waldack seconded the motion.

Votes:  Yea: Commissioners White, Waldack, Walus, Earl, Hosé; Mayor Tully

Nay: Commissioner Barnett

Mayor Tully declared the motion carried.

 

ORD 2017-7613 - K. Ordinance:  Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #8 (Nelson Meadow Subdivision)

Summary:  This establishes the tax levy for the Nelson Meadow Subdivision Special Service Area #8 in the amount of $0.00. 

AN ORDINANCE FOR LEVYING OF THE TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2017 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2017 FOR THE VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #8                     (NELSON MEADOW SUBDIVISION)

ORDINANCE NO. 5665

Motion:  Commissioner White moved to adopt "An Ordinance for the Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #8 (Nelson Meadow Subdivision)," as presented.  Commissioner Waldack seconded the motion.

Votes:  Yea: Commissioners White, Waldack, Walus, Earl, Hosé; Mayor Tully

Nay: Commissioner Barnett

Mayor Tully declared the motion carried.

 

ORD 2017-7614 - L. Ordinance:  Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #9 (35th and Saratoga Subdivision)

Summary:  This establishes the tax levy for the 35th & Saratoga Subdivision Special Service Area #9 in the amount of $0.00. 

AN ORDINANCE FOR LEVYING OF THE TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2017 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2017 FOR THE VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #9                                    (35TH AND SARATOGA SUBDIVISION)

ORDINANCE NO. 5666

Motion:  Commissioner White moved to adopt "An Ordinance for the Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2017 and Ending on the Thirty-First Day of December 2017 for the Village of Downers Grove Special Service Area #9 (35th and Saratoga Subdivision)," as presented.  Commissioner Waldack seconded the motion.

Votes:  Yea: Commissioners White, Waldack, Walus, Earl, Hosé; Mayor Tully

Nay: Commissioner Barnett

Mayor Tully declared the motion carried.

 

Motion to Adopt Ordinances ORD 2017-7615 through ORD 2017-7623 (Active Agenda Items M-U)

Summary:  This abates certain 2017 tax levies as enumerated on the agenda.  The total amount to be abated is $8,452,871.76.  This amount can be abated since other sources of revenue are available to pay these debt service obligations.

Motion:  Commissioner White moved to adopt "Ordinances Abating a Portion of the 2017 Tax Levy Related to General Obligation Bonds, Series 2009, Series 2010, Series 2010B, Series 2012, Series 2013A; and General Obligation Refunding Bonds Series 2014, Series 2015, Series 2016 and Series 2017.  Commissioner Waldack seconded the motion.

Votes:  Commissioners White, Waldack, Walus, Earl, Hosé, Barnett; Mayor Tully

Mayor Tully declare the motion carried.

 

ORD 2017-7615 - M. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Bonds, Series 2009

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Bonds, Series 2009. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE       GENERAL OBLIGATION BONDS, SERIES 2009

ORDINANCE NO. 5667

 

ORD 2017-7616 - N. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Bonds, Series 2010

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Bonds, Series 2010. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE       GENERAL OBLIGATION BONDS, SERIES 2010

ORDINANCE NO. 5668

 

ORD 2017-7617 - O. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Bonds, Series 2010B

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Bonds, Series 2010B. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE       GENERAL OBLIGATION BONDS, SERIES 2010B

ORDINANCE NO. 5669

 

ORD 2017-7618 - P. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Bonds, Series 2012

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Bonds, Series 2012. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE      GENERAL OBLIGATION BONDS, SERIES 2012

ORDINANCE NO. 5670

 

ORD 2017-7619 - Q. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Bonds, Series 2013A

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Bonds, Series 2013A. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE      GENERAL OBLIGATION BONDS, SERIES 2013A

ORDINANCE NO. 5671

 

ORD 2017-7620 - R. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Refunding Bonds, Series 2014

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Refunding Bonds, Series 2014. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE       GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014

ORDINANCE NO. 5672

 

ORD 2017-7621 - S. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Refunding Bonds, Series 2015

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Refunding Bonds, Series 2015. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE      GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015

ORDINANCE NO. 5673

ORD 2017-7622 - T. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Refunding Bonds, Series 2016

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Refunding Bonds, Series 2016. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE      GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016

ORDINANCE NO. 5674

 

ORD 2017-7623 - U. Ordinance:  Abate a Portion of the 2017 Tax Levy Related to the General Obligation Refunding Bonds, Series 2017

Summary:  This abates a portion of the 2017 tax levy related to General Obligation Refunding Bonds, Series 2017. 

AN ORDINANCE ABATING A PORTION OF THE 2017 TAX LEVY RELATED TO THE       GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017

ORDINANCE NO. 5675

8. First Reading

Mayor Tully explained that the items under First Reading are workshop items for discussion only and will not be voted upon by the Village Council this evening.

ORD 2017-7626 - A. Ordinance:  Authorize the Extension of a Planned Unit Development Site Plan Approval to Allow Additional Signage at 3300 Finley Road to December 20, 2018

Stan Popovich, Director, Community Development, showed the subject property location, saying that the petitioner was approved for a PUD about a year ago and they are requesting an extension of that PUD at this time.

Commissioner Waldack said he is concerned about the intent when the petitioner came before the Council a year ago.  The rule states that they need a PUD.  He would like them to move more quickly and would prefer a six-month extension.

 

MOT 2017-7606 - B. Motion:  Approve Downtown Development Regulatory Framework and Direct Staff to Prepare Implementation Ordinances

Mr. Popovich said this concerns the Downtown Development Regulatory Framework and he reviewed the project to date with regard to meetings held with the Comprehensive Plan Ad Hoc Committee, the Plan Commission, and the Council. He reviewed the boundaries of the area under consideration and bulk regulations.  He displayed a map of the downtown area depicting the various zoning classifications proposed.  He said one item that needs further examination is the setback for the downtown transition properties.  Mr. Popovich reviewed the permitted and special uses, and noted that the design guidelines will be updated. He added that public participation will be considered at a later date.

 

Mayor Tully commented that some of the actions to be taken now will address some of the objectives of the public participation raised. He wanted to be sure that under permitted uses wine and beer boutiques are clearly included.  He appreciates staff sending the Council concerns expressed by property owners and businesses in the downtown area.  He expressed some concerns regarding 5109 Main Street, 915 Rogers, properties on Washington, and 928 and 932 Maple Avenue.  He is still attempting to balance what the Village is trying to accomplish with concerns of particular property owners.

Commissioner Barnett said that he also has some concerns regarding specific areas.  He said as the map is drawn now he would have some trouble moving forward with this because he thinks it is contrary to what the Village is trying to accomplish.  He said that they largely started this process as the result of the development of a particular site, and after about five years of high-paced development there appeared to be a need to revisit the situation.  As to why the Village is moving on this, he thinks it was driven by a general inclination to want to slow a bit on some of the development downtown, and fears of development creeping beyond what people consider to be the Village's downtown area. He hopes that some of the conversations Mr. Popovich references regarding the DT specific setbacks would help strike the balance they are attempting to find for that area.

Commissioner Barnett commented on the northeast corner of Maple and Washington as one they could probably fix with setbacks.  He feels the same about the southwest corner of Washington and Rogers if they had different setbacks.   The DE-2 on the northwest corner of Washington and Maple was one where they were trying to see and feel in terms of how it would look to walkers. He thinks having DE-2 on the corner achieves the walking feel because of some of the additional setbacks, but he thinks the two parcels on the west end could easily be DE-1.  He needs to see and understand what comes out of the DT setback conversation.

Commissioner White commented that he sees this is the next step of vision of the Comprehensive Plan. He supports what has been presented with some caveats such as how to tailor the DT setbacks so as not to impinge on existing building. The property on the east side of Washington just north of Maple is problematic with the DT setbacks as originally proposed. He stated that he is supportive of the general direction of this, with some specific exceptions to be resolved in the future.

Mayor Tully said he doesn't want to undermine the vision of the Comprehensive Plan; however, taking it from a concept down to street level is much more challenging. He thinks there is a lot of good work that has been done, but they will need to work through some issues in conjunction with the property owners and the community.

Commissioner White commented that they should focus on what they agree with while continuing to work on the remaining issues. He thinks that they are on the right track.

Mr. Fieldman noted that this is a framework and staff would take the information, prepare ordinances as well as an official map which will take several months to complete. There is still more opportunity for conversation and dialogue between the Council and the public and changes can occur in what has already been presented.

Commissioner Waldack indicated that over the course of future review they could probably come up with exceptions, and asked whether they would be able to anticipate variations.

Mr. Fieldman replied that generally they try to put in rules applicable to multiple properties with a Zoning Ordinance.  Great processes for exceptions and variations have been established.

Commissioner Hosé commented that he generally supports what is being presented tonight, and he is interested in the final setbacks in the DT area.  As for the corner of Washington and Rogers, it is a concern.  There is a difficult balance to strike.

1. Byron Holtzman, 5226 Carpenter, asked whether the framework includes setting guidelines to better match the downtown look, and whether that is part of future discussions. 

Mr. Fieldman said that the framework establishes guidelines, which have to be tailored or modified.  The framework on the guidelines would be done separately. 

Mr. Holtzman said he would like to see it presented at the same time.

 

2.  Mike Fredericks, 919 Rogers, said he was not given notification of the last meeting.  He feels this hasn't been transparent.  He has not had a chance to look at the changes, and would like to have an opportunity for more meetings to discuss this with the residents. 

Mayor Tully said that he has invited people to the Coffee With the Council or to reach out to the Council members.  People do not have to wait for a meeting to communicate with the Council. They can send emails or call the Village at any time.

3.  Daniel O'Donnell, 835 Rogers, talked about notification to residents.  He said he would not have known about this meeting if not for his neighbor.  He lives at the southwest corner of Washington and Rogers and is against a 60'-70' buildings on Rogers.  The area presently has a neighborhood feel.

4.  Theresa Schultz, 928 Maple, said she wanted her parcel and her neighbor's parcel at 932 Maple to remain D-1.  The parking deck is one of her biggest benefits.  It serves as a barrier already that should allow her to keep her zoning at D-1. She would like to see it remain consistent at DE-1.

5.  George Durant, 932 Maple, said he was speaking on behalf of the owner who would like the parcel to remain at D-1.  He said they came to Downers Grove because it is a beautiful Village, close to the train, etc.  He said they recognize ways they could redevelop their property that would be advantageous to the city and be aesthetically pleasing as well as function for himself. He said he affirms the direction of the plan and asked to keep their parcels as they are.

6.  Willis Johnson, 603 Rogers, expressed concern about the DE-1 side and rear yard setbacks. He said it would seem that this is contrary to what has been in that area in the past.  His concern is the Tivoli property.  He is permitted to build lot line to lot line, and the majority of the property in DE-1 would be impacted by that change. 

7.  Scott Rausch, 826 Rogers, said that the DE-2 designation would be a huge mistake.  They should change it to DT. He would not want to see a five-story building at that location. It should be transitional to match across the street.

8.  Dan McCormick, 5205 Washington, expressed concern about the DT designation, and said that this particular block should not be singled out as DT.  He said that the offices would have to be designated special uses, but four out of five parcels are offices. He feels their rights are being taken away.  He asked to remove that portion of Washington Street and make it DE-1 or DE-2.

Commissioner Waldack commented regarding notification to residents, stating that all meetings appear on the Village's website under "This Week's Meetings."  Residents can find agendas and other meeting information.

Commissioner Earl noted that the Village's website is updated by Friday at 5:00 p.m.

Commissioner White also reminded people that this is the First Reading to give staff direction to create documents to review many months in the future.  The Council is a long way from approving any action.  He thinks they are generally in the right direction.  He mentioned the west side of Washington saying that the reason for recommending the switch was for setback issues, and that will require further thought.

Mr. Fieldman stated that this will be put on an agenda again in January.

Commissioner Barnett commented that the intention is to reconsider and direct changes going forward.  He expects there will be some changes and that will be done in a deliberate fashion with public participation.  The Council is reviewing this to determine whether change is necessary for specific areas. Downers Grove has changed tremendously in the last 15 years and more.  Every Council has studied and reviewed older Ordinances that might require adjustments. The Council is trying to give everyone the opportunity to express their opinions about the issues, and is also doing this as transparently as possible.

 

Mayor Tully noted some examples of changes that have occurred in the Village over the years, such as flag lots which resulted in divided property with two homes on the site. That was eventually eliminated. In addition, at one time the Village had agricultural zoning districts.  There are changes with every Comprehensive Plan. The Council wants to strike the right balance and get it right.  Input from the public is appreciated. 

 

Mr. Fieldman explained that the next three items are budget implementation items and relate to the recently approved budget.  He asked Carol Hogan, Assistant Director of Finance, to make the presentation.

RES 2017-7531 - C. Resolution:  Amend the Village Council Police and Fire Pension Funding Policy

Ms. Hogan said this item is a change to the interest rate assumption from 7.25% to 7% for the pension funding policy.  This is based on the recommendation of the Boards' investment consultant and actuary. 

 

ORD 2017-7595 - D. Ordinance:  Amend the Stormwater Utility Rate

Ms. Hogan said this amends the stormwater utility rate increasing it from $10.53/ERU to $11.43/ERU. This increase is consistent with the 2018 budget and with the Village's Long Range Plan.

 

ORD 2017-7596 - E. Ordinance:  Repeal Water Rates Furnished by Other Municipalities

Ms. Hogan said in March 2017, the Village Council approved an intergovernmental agreement with Westmont for water main service on Roslyn Road.  This agreement streamlined the permit process and standardized the water rates for residents on Roslyn to be equal to the rate paid by all other Downers Grove residents.  Roslyn Road residents have been notified of the change and their rates will go into effect for bills sent out after January 1, 2018.

Commissioner Hosé said he applauds the pension boards for reducing the rate of return.  He noted that the revised plan for stormwater called for $11.48 and he asked how they arrived at $11.43. 

Mr. Fieldman said they chose to go with an 8.5% increase vs. 8.7%

9. Mayor's Report

Mayor Tully noted that Coffee With the Council will take place at Downers Grove Library from 9:00-10:00 a.m. on Saturday, December 16, 2017. He invited residents to attend and meet the Council members.

The Mayor said every year the DuPage Mayors and Managers Conference makes a prestigious award known as the Governmental Leader of the Year Award. This year the 2017 recipient is the Village Manager, Dave Fieldman.  The Mayor then read the unanimously adopted supporting nomination and congratulated Mr. Fieldman on receiving this award.

Mr. Fieldman said receiving the award is a humbling experience.  They are doing things the "Downers Grove Way" at the DuPage Mayors and Managers Conference, which is a team approach.

Mayor Tully then added Happy Birthday wishes to Commissioner Nicole Walus.

10. Manager's Report

11. 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 authorizing the extension of a Planned Unit Development site plan approval to allow additional signage at 3300 Finley Road to December 20, 2018
  2. An ordinance amending the stormwater utility rate
  3. An ordinance repealing water rates furnished by other municipalities

 

12. Council Member Reports

Commissioner Hosé congratulated Mr. Fieldman and the staff for their work.  He then moved that next week's meeting by conducted by the Mayor in his Sports Announcer's voice.

Commissioner Waldack said that Downtown Management had some problems with the Gingerbread House at the beginning of the season, but the Johnson family volunteered to bring it up to Code.  He thanked them for their assistance.  He then encouraged everyone to shop and dine at 20 boutiques and businesses in Downers Grove on December 14 from 5:00-8:00 p.m., Merry Madness Day. There will be a special drawing for $100 on December 14.

Commissioner Barnett said the Mayor made closing arguments on the levy, making assertions and assigning motives that he did not have a chance to reply to, which he feels is not fair.  He said for nine years he has been part of Councils that have focused heavily on employing lean principles to operations and budgeting processes, which has served us well.  The last three years they have complained about the unsustainability of the budget process and many times the Mayor agreed.  That came to a halt this year in a budget that was initially presented with a deficit. Today he exercised his voice and vote to say enough is enough.  He was not, as Commissioner Waldack suggested, looking for a catastrophe. He added that they all, himself included, will do the best they can to make the best decisions the Council can make in 2018 on behalf of the Village. He said hopefully things will look better going forward.

Mayor Tully said that if Commissioner Barnett took what the Mayor said as some type of criticism it was misconceived. Commissioner Barnett did exactly what the Mayor did by his vote. 

Commissioner Barnett said that the Mayor suggested Commissioner Barnett was trying to do more and cost more. He said that when the Mayor assigns an assertion of a motive to a Commissioner and doesn't allow that Commissioner the opportunity to address it, that creates an issue.

Mayor Tully replied that Commissioner Barnett was on record more than once with the food beverage tax where Commissioner Barnett voted against it because it wasn't high enough. He said that the Commissioner was on the record as saying they should increase property taxes to put in more stormwater or more curb and gutters.

Commissioner Barnett said he is also on the record as saying he didn't think their priorities of spending were correct. The way a Village or a State should operate is to look at costs first, and the Council has chosen largely to avoid looking at the costs that are the real issue. They have not raised taxes, but they have implemented new taxes.  Now they have come to a situation where they had to make adjustments that were pure accounting items so they would not have to pass a deficit budget.

Mayor Tully reiterated to Commissioner Barnett that his comments were not meant in the way that Commissioner Barnett took them, and he was stating that people voted on the tax levies for different reasons.

Commissioner Earl noted that already a million items have been checked out of the Library.

Commissioner White congratulated Commissioner Walus on her birthday, and Mr. Fieldman on his award. He said that over time has mostly heard about the mayors, with DuPage Mayor and Managers; however, Managers get equal billing. The Village's participation in the DMMC provides invaluable resources and has been very valuable to the community.

Commissioner Waldack commented that if you look at Council responses to questions, he stands by his question and the responses about not approving the levy.

Commissioner Walus congratulated Mr. Fieldman.  She thanked everyone for the birthday wishes. 

13. Adjournment

Mayor Tully asked for a motion to adjourn. 

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

Mayor Tully declared the motion carried by voice vote and the meeting adjourned at 8:44 p.m. 

 

Respectfully submitted,

April Holden

Village Clerk