November 19, 2013

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

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

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

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

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

3. Minutes of Council Meetings

Council Meeting - November 12, 2013 M ayor Tully asked for a Motion to approve the minutes as submitted.

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

The Mayor declared the Motion carried by voice vote.

Proclamation

Mayor Tully read a proclamation declaring Saturday, November 30, 2013, as Small Business Saturday in the Village of Downers Grove and urged all citizens to support local businesses by shopping local on November 30.

The Mayor then presented the proclamation to Linda Kunze, Manager, Downtown Management.  Ms. Kunze encouraged everyone to consider stopping in at Downers Grove small businesses next Saturday.  Friday night is the tree lighting ceremony and the start of the Gingerbread Festival.  She distributed shopping bags to the Council members and expressed her appreciation for the proclamation.

The Mayor noted that the slogan should be to shop large and local.

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

Giuseppe Badalamenti said he is the managing member of Pizza Truck, LLC, operating out of Westmont.  He is unable to operate his business in Downers Grove as there are no provisions in the Municipal Code for food vendors.  Mr. Badalamenti said he should be granted equal protection, noting that there are mobile vending provisions for ice cream trucks but not for other types of food trucks.  The ice cream vendors are not regulated in any way and do not need a business license.  There is no consideration as to who is selling the ice cream or driving the trucks.  He feels he should be able to operate his chosen business as long as it does not impede the public morals, trust or safety of the community.  He is granted this right under Illinois and federal laws.  He asked for resources to operate in the Village of Downers Grove.

Mayor Tully said this is a new issue for the Council and has only recently been brought to the Council's attention.  There are many activities the Village regulates and has the power to regulate.  The Municipal Code does not support this activity, but it does not mean they are forever banned.  Sidewalk cafes fell into that category as did liquor licenses for comedy clubs.  It is not that the Village does not think that this is a good idea, but the Council needs to deliberate on this matter.  The Mayor referenced a two-hour seminar on mobile vendors at the National League of Cities conference in Seattle.  It is about entrepreneurship.  Every community that has adopted a mobile vendor license has done so in a mindful manner.  He asked that the Council be given time to consider this request.  The Mayor also noted that Commissioner Durkin has asked for an ordinance regarding ice cream trucks and vendors.

Mr. Badalamenti said he appreciates the Council's consideration.  He said he stands firm in his belief that he has a right to pursue this occupation under the law.  He asked that the Council take note and make this a high priority.

5. Council Member Reports

Commissioner Barnett said this is the last meeting of the Council until after Thanksgiving.  He wished everyone a Happy Thanksgiving.  He noted that the Gingerbread Festival will be held on November 29, 30 and December 1 in downtown Downers Grove and he invited everyone to participate.

Commissioner Barnett then spoke of the tornadoes on Sunday, which reminds us of the fragility of life.  A relief effort, consisting of school buses to be loaded with supplies and driven downstate, has been organized and people can donate on Friday, November 22, from 1:00 p.m. to 6:00 p.m. at 5305 Park Avenue.  People need everything one can think of.  This is one way we can help others.

The Mayor noted that the Mayor of Joplin, Missouri spoke of rebuilding efforts there.  The Mayor expressed condolences on the loss of life.

Commissioner Hosé spoke of the Fire Department awards and promotion ceremony.  It was great to see the next step in so many careers.  Bret Mowrey was promoted to Lieutenant, six people became firefighter/paramedics and four people are probationary firefighter/paramedics.  There were also some award recipients.  It was great to celebrate with them.  He wished them long, dedicated and prosperous careers in Downers Grove.  Our firefighters and police force are the cutting edge of public service.  He thanked them for their service and for allowing him to share this event with them.  It was great family atmosphere.

Commissioner Hosé said his thoughts and prayers are with the people downstate, and in Michigan and Indiana who were affected by the storms Sunday.  Further, he wished everyone a healthy and safe Thanksgiving.

Commissioner Rheintgen reminded people that if they are traveling outside of Downers Grove the Village offers a service whereby residents can complete a vacation watch form on the Village's website and the police will conduct a security check of your home to insure all doors and windows are secure while you are away.

Commissioner Durkin said the vacation watch program is a very good service.  He then said the annual tree lighting will be on Friday, November 29, 2013, at 4:30 p.m. at the Main Street Train Station.  The ceremony begins at 4:00 p.m. with cookies and cider.  He urged people to shop in Downers Grove and he wished everyone a happy and safe Thanksgiving.

Commissioner Neustadt noted that the Village has a program to reuse liquid cooking oil including turkey fryer oil.  It will be turned into clean biofuel to heat the Fleet Services garage.

Commissioner Neustadt then said he attended the Midwestern Clinical Campus open house on Monday, November 18, 2013.  The clinical campus houses the dentistry, audiology, speech pathology, eye clinic and family medical practice, and offers services to the public at a reduced rate.

Commissioner Neustadt then said he attended a tabletop training exercise sponsored by Mary Pratt and Lt. Shanon Gillette.  It was a somber training experience regarding school safety and 20 participants shared information.  We are a better place for the training.  The feedback was very good.

Commissioner Neustadt then wished everyone a Happy Thanksgiving.  He reminded people that the Bonfield Express 5k will be on Thanksgiving morning.

Mayor Tully noted that there is no better way to spend Thanksgiving morning than to participate in the Bonfield Express.  The Mayor said he would give the rest of his report under the "Mayor's Report" portion of the agenda.

6. Public Hearings

7. Consent Agenda

COR 00-05410 A.  Claim Ordinance:  No. 6027, Payroll, October 18, 2013

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

BIL 00-05411 B.  List of Bills Payable:  No. 6084, November 19, 2013

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

RES 00-05412 C.  Resolution:  Authorize Submittal of a Grant Application to the US Department of Homeland Security for 2013 Assistance to Firefighters Grant Program

Sponsors: Fire Department and Finance

Summary of Item: A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE US DEPARTMENT OF HOMELAND SECURITY FOR 2013 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM

RESOLUTION 2013-76 Commissioner Neustadt commented on the application for the thermal imaging cameras.  He said he saw this in use during a training exercise.  It is an important piece of equipment.  He is glad that the Village is getting an updated and advanced version of these cameras for the Village. A motion was made to Pass this file on the Consent Agenda. Indexes: Fire Department

Passed The Consent Agenda

A motion was made by Commissioner Neustadt, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt, Commissioner Hosé, Commissioner Olsen and Mayor Tully

8. Active Agenda

9. First Reading

ORD 00-05417 A.  Ordinance:  Amend Stormwater Utility Fees for 2014

Sponsors: Manager's Office  V illage Manager Dave Fieldman said this ordinance amends stormwater utility fees for 2014, and will increase the fees by 6.4%.  It is consistent with the recently approved FY14 budget.  In addition, there is an ordinance amending the water rates to increase them 7% from the originally considered 14%. This is also consistent with the FY14 budget.

Dr. Gordon Goodman, 5834 Middaugh, said that in 1971 Novotny & Associates prepared a comprehensive drainage improvement report for the Village.  One of their conclusions was the total cost of upgrading the drainage system would be in excess of $15 million for the three watersheds.  The Village did not implement the plan then.  One of the points made in the report was that this plan had four phases.  The first phase consisted of acquiring or reserving land for perpetual use for stormwater retention.  The Village is still working on this.  Dr. Goodman said he feels there is more that can be done regarding the acquisition of land.  He congratulated the Village on its action last week of acquiring three parcels of land downstream from Barth Pond.  They also acquired land in the watershed of Lacey Creek earlier in the year and these will be useful for providing for drainage improvement.  Dr. Goodman said the issue tonight is the funding source that has been established.  It was established last year with an initial rate.  He then read from the study on which the stormwater utility was based recommending fees for operation, maintenance and capital improvements.  The study recommended an 11% amount in fees over 15 years to reach the level of maintenance and capital needs recommended by the Stormwater Master Plan.  The Village established fees for management and operations this year, as well as the 2008 bond debt service.  That shifted the stormwater utility away from the property tax, which was good.  When considering the costs of the bonds and maintenance and operation of the structure, staff is recommending a 6.4% increase, which is economical; however, to try and reach the 15-year goal will be difficult if the rate of increase continues to stay so low.  He thinks they are losing ground, and he encouraged the Council not to reduce the fee increase further.

Mayor Tully replied that he agrees with Dr. Goodman 100%.  Although there are some unique factors in 2014 that allow for an increase of less than 11%, this topic will be revisited every year.  Dr. Goodman's point, however, was well taken.  They can estimate costs, and he would support the 11% increase but there are unique circumstances in 2014.

Mr. Fieldman clarified that it is the same raw dollar amount increase, as the amount is divided over a different base due to the $1.1 million debt service that was added to the fund.  It is the same increase.

Commissioner Rheintgen said this has been discussed quite a bit.  She's deliberated a lot on this.  She thinks the cost share program may not be the only solution.  She would like the Council to consider a rate for the not-for-profits (NFP) at 10 to 20% lower than the rest of the payers.  That might provide them with some relief.  She asked for information regarding the impact.

Commissioner Barnett commented that he would like to see the NFPs taken out of the fee.  He feels some things were overstated as to the background of this discussion.  There was talk about the positive impact on the residents, and treating people fairly.  As they've gone through the first year, they've seen how this has worked.  He said that he doesn't want to sound negative towards his colleagues who don't see this the same way.  He knows they have tried to find ways to lower this.  He would support a higher increase with removal of NFPs as payers.  He appreciates the comments and thoughts to lessen the impact on the NFPs.  The work is appropriate and necessary.  Commissioner Barnett believes that removing the NFPs would have a minimum impact on the rest of the payers.

Commissioner Olsen said he cannot support a 6.4% increase this year.  He has discussed this with residents throughout the community, and there is clearly a mixed reaction to the stormwater utility.  He said that the Village has heard from the NFPs, and there may be others who may not be supportive but have not yet made their views known.  He said that the Village is still in transition and, therefore, he cannot support an increase of more than the rate of inflation.  Regarding losing ground, Commissioner Olsen said we are still spending down the bond proceeds.  To him, the 6.4% increase will not make a significant difference in what we do.  By shifting from the property tax to a utility model, they are generating significantly more revenue than was raised previously for stormwater projects.  His position in future years is subject to change, but he doesn't feel it is appropriate to make such a large fee adjustment this year.

Commissioner Hosé commented that the 6.4% increase is actually consistent with the plan and he would like to stick with the plan.  He said the stormwater study showed that the Village has a multi-million dollar gap each year in the stormwater fund.  There have been discussions regarding the increase of 6.4%, which equates to about $.54 per month for a typical residential property.  Commissioner Hosé said that the Village has the option of the cost-share program that he finds attractive as it reduces the burden on NFPs and helps with mitigation.  He is interested in seeing more information about a tiered program.  He supports the 6.4% because it is consistent with the plan to maintain our infrastructure as needed.

Commissioner Neustadt noted that the Village spent millions of dollars on the infrastructure before the utility was in place.  The 6.4% increase equates to the amount needed for operation and maintenance of the infrastructure as well as the addition of a few projects.  The Village's stormwater system needs to be managed in a way recommended by our engineers.  He supports the 6.4% increase to continue with the plan.  Each year we get to have this conversation again and to set the rate again.  The NFP conversation that has been discussed has been limited mostly to faith-based organizations.  Commissioner Neustadt said he thinks people do support this, and everyone knew this was going to be a big change.  The proposed increase is a little less than initially set in the budget and it allows the Village to start the plan.  Planning has worked very well for this Village.  He is interested in hearing more about a different rate for the NFPs.  He asked what segment of the NFPs this would affect.

Mayor Tully responded that they are talking about tax-exempt parcels exempt from property tax, not NFPs in general.

Commissioner Rheintgen said she grouped them because she thought it would be difficult to separate them out.  Some churches are at 21 ERUs, so, while the impact to a homeowner may only be $.54, the amount would be more significant to some of the churches.

Commissioner Barnett said that this discussion is necessary.  There is a $44 million budget for the Village.  Very difficult cuts in the amount of $4.5 million were made several years ago.  The engineers said that what is needed is $6.5 million, and this is a lot of money as it relates to the budget.

Mayor Tully noted that there are projects that need to be done and paid for.

Commissioner Durkin stated that he supports the stormwater utility fee but he is not in favor of the outlined proposed fee increase. He supports 3%, but not 6.4%.  He supports a serious fee reduction for faith-based organizations.  The faith-based organizations took on a lot of social service activities when they were cut by the Village.  He understands that there are needs, but in light of what they did for the Village there should be consideration given to the faith-based NFPs.

Commissioner Hosé noted his agreement with Commissioner Barnett that there is a gap that needs to be addressed.  The impact on each resident is a measurable amount. The impact is larger with the churches' ERUs.

Mayor Tully said that they are talking about the amount of increase for all payers of the stormwater utility for FY14.  He is fine with the 6.4% increase for 2014, which will be revisited in 2015.  The other issues have to do with whether certain payers should be exempted categorically.  He is not unsympathetic to the requests made by a relatively small number of parcels.  What they are talking about is a parcel that generates a lot of stormwater runoff.  Tax-exempt parcels still pay no property taxes.  There are less than 12 parcels that have requested to be exempt.  He said that annual fees for Divine Savior are $4400; St. Joe's, $3100; St. Mary's $4,500.  These are new costs to the churches.  The Mayor said he has a problem with categorical exemption of all NFPs, which represents $306,000.  He would like to focus on helping parcels help themselves by reducing their impact.  Many of these have a lot of impervious space. He knows this is a real concern.  There are things that can be done, and he would like to focus on the small number of parcels that have raised issues.  He noted that the community is not in agreement on this point and many people have e-mailed that they don't agree with exempting tax-exempt parcels.

Commissioner Barnett asked why there are tax-exempt parcels and why are they not paying their fair share of the services they receive.  The point of including the NFPs has been framed by the majority of the Council as equitable, fair and de minimus and none of those fly with any other services we provide.  Every dollar that is spent when service fees are waived for a tax-exempt parcel is a shift of cost-burden to the residents.  He asked as to the equity.

Mayor Tully replied that the equity is clear.  There were two options:  Raise property taxes that would exempt tax-exempt parcels and shift the burden to the taxpayers, or change to try to be more innovative, responsible and equitable.  The idea is to spread out the cost of the stormwater utility among more payers.

Commissioner Barnett said none of those things are dependent upon the inclusion of the tax-exempt parcels in the utility.   While anybody could be exempted, not anybody is contributing to our community or in the same situation.   Parcels that are tax-exempt are exempt by a power larger than the Council.  The goals outlined by the Mayor could still be successfully  accomplished by eliminating the tax-exempt parcels from the utility.

Mayor Tully said they could shift the money around but the approach is overbroad to categorically exempt tax-exempt parcels.  The whole structure of the program is driven by parcels.  Those that generate the most runoff with the most impervious area have to pay the most in fees, which happens to be some of the faith-based organizations with large parking lots and big roofs.  He would like to work with these parcels to reduce their fees so we have a better stormwater management system and they have a lower impact on it and lower fees.  His point is to focus on the small number of parcels and how to improve their situation rather than a large, sweeping categorical change.

Commissioner Barnett said that is entirely reasonable.  Regarding specifics, parcels that are blacktopped may cost hundreds of thousands of dollars to change.  It is unrealistic to consider that NFPs will rip out their parking lots.

Mayor Tully said that he is not prepared to reach that conclusion because none of those proposals have been discussed.  He would like to talk about these matters.  We are talking about a few parcels that generate a lot of runoff.  He would like them to work with the Village to control their stormwater.   Commissioner Barnett replied that it means hundreds of thousands of dollars of paving changes to do that.

The Mayor responded that a more logical concise approach would be preferable to an overall approach.  He has concerns about a tiered approach.

Commissioner Rheintgen commented that she would like to see how this affects the rest of the payers.

Mayor Tully said he is fine with the 6.4%, but is not prepared to categorically exempt all NFPs.  He is not diminishing the importance of this issue.

Commissioner Olsen commented on the water utility and how it concerns residents.  He asked how much of this increase is coming from Chicago and the DuPage Water Commission that we are passing on to the users.  Mr. Fieldman said he will produce that information.

Commissioner Durkin asked whether the City of Chicago passed an ordinance granting free water to faith-based organizations.  Mr. Fieldman said he will have staff look into this as well.

Commissioner Barnett asked about any further talk about alternative sources for DuPage Water Commission's water purchase.  Mr. Fieldman said that will also be researched.    Indexes: Fee Increases, Fee Schedule, Stormwater Utility

ORD 00-05388 B.  Ordinance:  Amend Water Utility Fees for 2014

Sponsors: Manager's Office  Indexes: Fee Increases, Water Rates, Fee Schedule

ORD 00-05413 C.  Ordinance: Rezone Property Located at 4245 Belle Aire Lane from R-2, Single Family Residence, to B-3. General Services and Highway Business

Sponsors: Community Development and Plan Commission  T om Dabareiner, Director, Community Development, said an ordinance to rezone property at 4245 Belle Aire Lane from R-2, Single Family Residence, to B-3, General Services and Highway Business, will be on the December 3 active agenda for approval.  He showed the location and the property.  This property is currently zoned R-2, but is surrounded by properties zoned B-3.  This property was annexed in 1972, and was zoned R-2 upon annexation.  The building was built in the 1950s and prior to annexation it was zoned commercial in the County.  It has been used as an automobile repair shop and was considered a legal non-conforming use.  Earlier this year, a new owner submitted plans to convert the existing building for use as a tool and die shop which is a permitted use in the B-3 zoning district.

The proposed rezoning is consistent with the Comprehensive Plan and the bulk zoning requirements have been met.  The Plan Commission found that the request met the standards for rezoning in Section 28.1702 of the Zoning Ordinance, and unanimously recommended approval of the Zoning Ordinance Map Amendment.

Ken Rathje, Rathje Planning Services, said the owner was concerned with the zoning designation. This was most likely forced annexed and the 1976 Land Use Map showed this area appropriate for commercial use.  The R-2 zoning was most likely an inadvertent oversight when the Comprehensive Plan was approved in 2011.  The site is included in the Ogden Avenue TIF.

Commissioner Neustadt said this matter was noticed before it was heard by the Plan Commission and there were no public comments at the Plan Commission meeting.  He will support this.

The Mayor said the lot depths along Ogden Avenue are a challenge and this will increase the lot depth.  He also will support this.       Indexes: Rezone 4245 Belle Aire Lane - R-2 to B-3

MOT 00-05418 D.  Motion:  Accept the Village of Downers Grove Architectural and Historical Survey Report  

Sponsors: Community Development M r. Dabareiner said staff is looking to place this item on the December 3 agenda for acceptance.  He said efforts began last year to complete an historic building survey.  As a Certified Local Government (CLG), we are required to maintain an active historic building survey program.  This report helps us maintain our CLG standing.  The Village received grant funds to assist in this effort.

Four areas were surveyed:  Denburn Woods, Shady Lane Estates, E.H. Prince Subdivision, and Maple Avenue and Main Street.

Mr. Dabareiner then reviewed the survey findings.  The predominant architectural style identified in the survey is Queen Anne.  The survey also provides the cumulative number of homes in the surveyed areas, the growth periods and the ages of the homes.  The buildings and site surveyed were each classified in one of three ways:

Significant - a building that is at least 50 years old and maintains a high distinction of architectural style and a high degree of integrity of its architectural features and elements.  Sixty-five buildings were in this category

Contributing - a building that is at least 50 years old and maintains a moderate to good degree of integrity and a majority of its architectural features and elements.  A total of 526 buildings were in this category.

Non-Contributing - a building that is less than 50 years old or has poor integrity with most of its historic materials and details missing or completely covered.  There were 264 buildings in this category.

Mr. Dabareiner said that maps of the surveyed areas are contained in the document, which is on the Village's website.  The Lakota Group was hired to perform the survey work, but volunteers did a great deal of the research.  The survey will be used by the Architectural Design Review Board (ADRB) in reviewing voluntary applications for landmark designation.  Both the ADRB and the Illinois Historic Preservation Agency (IHPA) have reviewed the preliminary drafts of this document.  The accepted version of the report will be filed with the IHPA and will be made available on-line and in the library.  Mr. Dabareiner said the Village staff and the ADRB will work with those looking for historic designation for their properties.

Mr. Fieldman said this report is a research project and the Village is not proposing any landmark designations for any properties.  This report does not obligate property owners or the Village to create historic districts or landmark properties.  The Village's historic preservation program will remain a voluntary program and staff will react to voluntary petitions.

Dr. Goodman said he was pleased to see this and to see that the Pierce Downers Heritage Alliance contributed in this work, as did other volunteers.  The City of Geneva has used their survey to their benefit to enhance the attractiveness of the buildings.  Historic buildings are a significant resource in the community.

Commissioner Rheintgen asked as to the benefit of the Certified Local Government designation.

Mr. Dabareiner said it is the official designation that a community has a process in place to recognize historic buildings.  It is also used for grant funding.

Commissioner Rheintgen noted that there are details on every property, but homeowners could probably provided more information.   She asked if staff will reach out to the homeowners.

Mr. Dabareiner said that as people saw the surveyors in their neighborhood, staff received a number of calls and emails from property owners supplying additional information.  There is a great deal of interest in this topic.

Commissioner Hosé thanked the volunteers and the staff for a fantastic report.  It gives the foundation for a homeowners to pursue historic designation.

Mayor Tully expressed his appreciation to those that made this work possible.  It is important to the Historic Preservation Ordinance and to protect and identify historic properties.  This represents a milestone in the journey the Village undertook some time ago to develop a program that gave residents both the choice and the freedom to preserve buildings and districts within the Village.  This is important to the Historic Preservation Ordinance and to the ability to voluntarily recognize and protect architecturally significant buildings in our community.