March 22, 2016

1. Call Meeting to Order

Mayor Martin Tully called the regular meeting of the Village Council of the Village of Downers Grove to order at 6:00 p.m. in the Council Chambers of the Downers Grove Village Hall.

2. Roll Call

Council Present:  Commissioner Waldack, Commissioner White, Commissioner Vattimo, Commissioner Hosé, Commissioner Olsen, Commissioner Barnett; Mayor Tully

3.  Executive Session

Convene into Executive Session

Commissioner Olsen moved to go into Executive Session pursuant to Section 2(c)(11) of the Illinois Open Meetings Act to consider pending litigation.  Commissioner White seconded the motion.

Votes:  Yea:  Commissioners Olsen, White, Waldack, Vattimo, Hosé, Barnett; Mayor Tully

Mayor Tully declared the Motion carried and the Council convened into Executive Session at 6:00 p.m.

Reconvene into Open Session

4.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.

5. Roll Call

Council Attendance (Present):  Commissioner Waldack, Commissioner White, Commissioner Vattimo, Commissioner Hosé, Commissioner Olsen, 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.

6. Minutes of Council Meetings

MIN 2016-6735 - A. Minutes:  Council Minutes - March 8, 2016

Motion:  Commissioner Olsen, seconded by Commissioner White, moved to approve the minutes as presented.

Mayor Tully declared the motion carried by voice vote.

Procla Proclamation:

Mayor Tully proclaimed March 29, 2016, as Welcome Home Vietnam Veterans' Day in the Village of Downers Grove.  He presented the Proclamation to Mary Kay Nelson, Regent, and Carol Wandschneider of the Downers Grove branch of the D.A.R.

7. Public Comments

This is the opportunity for public comments.

There were no comments.

8. Consent Agenda

COR 2016-6736 - A. Claims Ordinance:  No. 6149, Payroll, February 19, 2016

BIL 2016-6737 - B. Bills Payable:  No. 6252, March 22, 2016

MOT 2016-6717 - C. Motion:  Award a Contract Not to Exceed $19,179.00 to Civil & Environmental Consultants, Inc., Lombard, IL, for Clean Construction and Demolition Debris Environmental Engineering Services

Summary:  This awards a contract for Clean Construction and Demolition Debris (CCDD) environmental engineering services for various capital improvement projects to Civil & Environmental Consultants, Inc. of Lombard, Illinois, in an amount up to $19,179.00.

MOT 2016-6718 - D. Motion:  Award a Contract for $23,900.00 to M. Gingerich, Gereaux & Associates, Manhattan, IL, for Survey Services

Summary:  This awards contracts for survey services to M. Gingerich, Gereaux & Associates of Manhattan, Illinois, in the amount of $23,900.00 for Community Investment Program (CIP) projects ST-036, ST-038, ST-047 and ST-057.

RES 2016-6719 - E. Resolution:  Authorize an Amendment to the Contract with Hancock Engineering

Summary:  This amends an existing contract for watermain construction engineering services with Hancock Engineering of Westchester, Illinois, in an amount not to exceed $53,001.50, bringing the total contract amount to $165,993.50.

A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE CONTRACT BETWEEN HANCOCK ENGINEERING AND THE VILLAGE OF DOWNERS GROVE

RESOLUTION 2016-18

MOT 2016-6720 - F. Motion:  Award a Contract for $84,450.00 to Safe Step, LLC, Hortonville, WI, for 2016 Sidewalk Rehabilitation Project

Summary:  This awards a contract for the 2016 Sidewalk Rehabilitation Project to Safe Step LLC of Hortonville, Wisconsin in the amount of $84,450.00.

RES 2016-6733 - G. Resolution:  Authorize a License Agreement with SprintCom, Inc., to Install, Maintain and Operate Antenna Equipment on Village Property

Summary:  This authorizes a license agreement between the Village of Downers Grove and SprintCom, Inc. to install, maintain and operate antenna equipment on Village property. 

A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SPRINTCOM, INC. TO INSTALL, MAINTAIN AND OPERATE ANTENNA EQUIPMENT ON VILLAGE PROPERTY

RESOLUTION 2016-19

RES 2016-6734 - H. Resolution:  Authorize a Settlement Agreement and Release with Tracy Spakausky

Summary:  This authorizes a settlement agreement and release between the Village of Downers Grove and Tracy Spakausky. 

A RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE VILLAGE OF DOWNERS GROVE AND TRACY SPAKAUSKY

RESOLUTION 2016-20

MOT 2016-6725 - I. Motion:  Authorize Participation with the State of Illinois in Joint Purchase of Bulk Rock Salt for 2016-2017 Winter Season

Summary:  This authorizes a rock salt allocation of 2,000 tons each with the State of Illinois and DuPage County in the joint purchase of bulk rock salt for the 2016/2017 season. The Council will be obligated to authorize execution of purchase contracts with these allocations at a future date.

MOT 2016-6739 - J. Motion:  Authorize Participation with DuPage County in the Joint Purchase of Bulk Rock Salt for the 2016-2017 Winter Season

Summary:  This authorizes a rock salt allocation of 2,000 tons each with the State of Illinois and DuPage County in the joint purchase of bulk rock salt for the 2016/2017 season.  The Council will be obligated to authorize execution of purchase contracts with these allocations at a future date.

MOT 2016-6724 - K. Motion:  Authorize a Change Order to an Existing Three-Year Contract for Water System Leak Detection Services with M.E. Simpson Co., Inc. of Valparaiso, Indiana, in the Amount of $18,000.00

Summary:  This approves a change order to an existing 3 year contract in the amount of $18,000.

MOT 2016-6726 - L. Motion:  Award a Contract for the Design and Oversight for Parking Deck Rehabilitation and Maintenance to Walker Parking Consultants/Engineering, Inc. dba Walker Restoration Consultants, of Elgin, Illinois, in an amount of $42,460.00.

Summary:  This awards a contract for parking deck maintenance in the amount of $42,460.

MIN 2016-6738 - M. Minutes:  Note Receipt of Minutes of Boards and Commissions

Summary:  Environmental Concerns Commission - December 10, 2015; Liquor Commission - October 1, 2015

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

Votes:  Yea: Commissioners Olsen, White, Waldack, Vattimo, Hosé, Barnett; Mayor Tully

Nay: None

Mayor Tully declared the motion carried.

9. Active Agenda

RES 2016-6698 - A. Resolution:  Grant Historic Landmark Designation for 5320 Benton Avenue

Summary:  This grants historic landmark designation for 5320 Benton Avenue. 

A RESOLUTION GRANTING HISTORIC LANDMARK DESIGNATION FOR 5320 BENTON AVENUE  RESOLUTION 2016-21

Motion:  Commissioner Olsen moved to adopt "A Resolution Granting Historic Landmark Designation for 5320 Benton Avenue," as presented.  Commissioner White seconded the motion. 

Votes:  Yea: Commissioners Olsen, White, Waldack, Vattimo, Hosé, Barnett; Mayor Tully

Nay: None

Mayor Tully declared the motion carried.

Mayor Tully presented a certificate to the Gassen Family granting historic landmark designation to their home.

Ms. Gassen expressed her family's appreciation to the Council, Village staff and others who assisted in obtaining this historic landmark designation.  She said she hopes this has created interest among the owners of other historic homes in the Village.  She said she is interested in creating a thematic district for Prairie Style American Four-Squares.

Mayor Tully thanked the Gassens for helping the Village create balance between tradition and progress.  He also thanked them for their critique of the process. 

10. First Reading

REP 2016-6723 - A. Report:  Economic Development Plan to Enhance Sales Tax Base

Summary:  This is a report regarding the economic development plan to enhance the sales tax base.

Village Manager Dave Fieldman said that this is a top priority action item identified by the Village Council for the purpose of increasing the Village's sales tax base, and in so doing, increase the Village's annual revenues.  He said the plan was drafted in partnership between the Economic Development Corporation and staff.  He stated that the foundation of the report is a study conducted by AECOM, and then introduced Chris Brewer to present the study's findings and analysis.  Michael Cassa, President of the EDC was also introduced to present the actual strategy of the plan.

Chris Brewer of AECOM said his firm was engaged by the Economic Development Corporation to conduct a Competitive Retail Alignment Study as the basis of the economic development plan.  He said that the recession continues to affect the retail market and stores that are trying to stay in business are in flux at this point.  However, sales are at pre-recession levels.  Total annual retail sales in the Downers Grove trade area is approximately $7.3 billion.  He said that since 2007, Downers Grove has surpassed Oak Brook in employment, which is a big change over the past seven years.  He said that the Village is situated in a very significant core of income and potential retail spending.  Schaumburg, downtown Lincoln Park, and the Village are among those areas.  There are a lot of retailers who want to be here, and there is also a lot of space available in the Village.  He noted that the automotive market is stronger than the overall region.  As for market insights, Mr. Brewer noted a significant change in the grocery market with the closing of the Dominick's stores.  The new Art Van Furniture store may cause clusters in the area, as well.  There is a lack of anchors in the last five years.  He commented that one of the surprises in the study shows that vacancy levels in Downers Grove (5%) are well below regional averages; however, the community is increasingly built out, there is little vacant land remaining and there is a large inventory of older and obsolete commercial buildings that are not up to current national chain expectations.  Downers Grove has about a 17% share of the retail sales within the trade area.  Mr. Brewer said that sectors such as food and restaurants are stable, and they foresee an increase in the furniture trade.  Lastly, he said that retail sales in general merchandise and apparel are under-represented while all other areas are above average.    

Michael Cassa, President and CEO of the Economic Development Corporation (EDC), said that their strategy now is to increase the sales tax base.  He thanked staff and the EDC Board, as well as Chris Brewer of AECOM, for their work, expertise and support.  Mr. Cassa then presented the sales tax enhancement plan.  He said that retail segments for attraction and retention include automobile dealerships, general merchandise, furniture and household goods, drinking and eating establishments, and drugs and miscellaneous retail.  Mr. Cassa said the top two performing categories are automobile dealerships, and drugs and miscellaneous retail.

Mr. Cassa then presented strategies for attraction and retention.  First they must facilitate an aggregate of land to create sites that meet retails needs by identifying areas where property can be acquired, and actively buying and selling land.  Private sector transactions are the preferred option.  The Village should make the building and zoning entitlement process easy and predictable, and consider providing financial assistance to reduce the high cost of redeveloping sites for tax-generating tenants.  Mr. Cassa said they should also quantify and consider all benefits and revenue and prioritize efforts.  The Village should focus on those areas that have a high potential for retail sales tax revenue.  In addition, as part of the Comprehensive Plan update, the Village should prepare a key focus area plan for 63^rd and Woodward, which suffers from functional obsolescence.  In addition, the Village and EDC should explore opportunities to attract sales tax revenues generating uses in Ellsworth Business Park and Oak Grove Commons.

Mr. Cassa said the following tools should be used strategically:  Tax Increment Financial Districts (TIF), which can be effectively used where land may have to be acquired.  Business Improvement Districts (BIDs) is a defined area within which sales are subject to an additional tax added to the base tax rate, and can be effectively used when land may have to be acquired and when the sales tax revenue is expected to increase significantly due to new development.  Sales Tax Rebate Agreements return a portion of the sales tax generated to the owner or developer to offset the costs of making improvements to sites.  This is best used with a high sales tax producing tenant.  Locations for retail development include catalyst sites identified in the Comprehensive Plan, including the southeast corner of Finley and Butterfield Road, the north side of Butterfield Road, University Plaza, frontage property at Walnut and Ogden, Belmont and Ogden intersection, the north side of Stonewall and Ogden Avenue, the south side of Stonewall and Ogden, south side of Ogden between Middaugh and Saratoga, northwest corner of Ogden and Main Street, southeast corner of Ogden and Main street, north side of Ogden between Fairview and Florence. In addition, the Grove Center at the northwest corner of 75^th and Lemont presents important redevelopment opportunities, and portions of the 63^rd Street corridor between Woodward and Belmont must also be reviewed.   Mr. Cassa said he looks forward to working with the Village to achieve the goals of redevelopment of retail centers in the Village.

Commissioner Waldack thanked Mr. Brewer and Mr. Cassa for their reports.  He said this is a good start, and the Village needs to get on the ball.  He said that in the years that he's been on the Council, now and previously, they have had the same problems, such as the area at 63^rd and Woodward.  He thinks they need to be more aggressive.  He asked if the Village is getting the appropriate amount of sales tax.  He said the Village appears to be on the low end of the sales tax in the spectrum of other communities.  He asked if Mr. Brewer and Mr. Cassa felt the Village should increase sales taxes. 

Commissioner White said he was pleased and enthused by both reports.  Downers Grove has higher absorption of retail but the dollar value of sales seems to lag, indicating that some of the retail facilities might be obsolete.  He said it is a huge challenge when space is used but not at optimal rates.  He would like to have the pull factor chart aggregated and broken out.  The important thing is for Downers Grove residents not to go outside of the area for retail purchases.  He also asked if they could figure out a way to ferret out the retail sales in areas within the Village.  Commissioner White said that sales taxes and hotel taxes are two areas that return value allowing the Village to lower other fees. 

Mr. Cassa responded that in some cases larger vacant spaces are not generating taxes that were generated by previous tenants, such as the Luxury Motors site, which is now Fresh Thyme.  This will be a long process and won't happen overnight, and he thinks the AECOM study will drive the EDC's strategy and help with development.  He said the study will help developers understand retail availability in the Village.

Commissioner Olsen said that looking at the report on strategies for attraction and retention, he sees prioritization of efforts as an important piece.  They have to focus on high return projects.  He is pleased that they are going to focus on 75^th and Lemont Road, as well as some of the Butterfield Road sites.  Some of the sites along Ogden Avenue do not have as much space for larger retail markets.  He said 75^th Street as well as Butterfield Road are great areas for high-end restaurants as well.  This will guide and direct the Council, Village staff and the EDC, and he sees it as a major strategy over multiple Councils and many years of development.  He then commented on Business Improvement Districts and asked if there are any in Downers Grove. 

Mr. Fieldman said there are none.  He said he would check into whether Westmont has one at 63^rd and Cass.  He said that Lombard has used them.  Art Van did not use that tool

Commissioner Olsen said that the Village understands and has used TIF Districts.  BIDs will be new to Downers Grove.  He likes the idea of using this for larger areas.  Mr. Fieldman said the BIDs came out in the 1990s or early 2000s.  Commissioner Olsen said he likes the idea of having this additional tool available.

Commissioner Hosé thanked everyone for their work on the report. He said facilitating the aggregation of land seems to fit in with Ogden Avenue, as well as other places.  He said he agreed with Commissioner Olsen in that they have to be careful with respect to neighborhoods; he is always skeptical of the Village buying property, especially as it relates to the challenge of increasing lot depth on Ogden Avenue.  They must be very careful using that tool.  He then asked about the statement regarding zoning entitlement being easy and predictable, and where the Village can improve.  Mr. Fieldman said that there are mismatches between the Comprehensive Plan and the underlying zoning.  Those properties that could be rezoned, and the Village should continue to make it easy, predictable and quick.

Mr. Cassa commented that the customer service aspect is very important and is enormously helpful.

Commissioner Barnett also thanked everyone for their work.  He said that the report confirms what they thought they knew, and what the Village has to do about it.  He said that the use of all the tools mentioned is fair game.  He said that most of those tools have been contemplated and some implemented when opportunities arose.  The zoning issue is one they have heard about for some time.  Largely, the report shows that they have identified things properly and have the tools that they need to address the issues.  He then said as they move forward, it is important that they try to process this in terms of actions.  He said that Community Development has done good work in the past, and he wants to know where the Council wants to go in the future.  Identifying 63^rd and Woodward is something that has been known for some time, and the question now is what can be done differently to affect that area.  He said it is obvious that the sales tax dollars are a lot better than property tax dollars. 

Mayor Tully said that the AECOM report is excellent and useful.  It gives the Village a benchmark for improvement.  Maintaining economic vitality takes effort, and they have to work creatively and aggressively.  Every other community surrounding the Village is also meeting and trying to determine how they can take business away from Downers Grove.  The environment is more competitive today than ever before.  He said that the community seems to fail to understand what it takes to do something in terms of economic development.  Retailers want to come to the Village, but the Village doesn't have attractive sites available for retailers.  The Village has to have tools to get the right things done.  The Village has business but not the right business in the right places, and the Village needs to support doing things using the right tools in a reasonable manner.  He noted that many of these parcels are in private hands.  He said that if the community wants something to be done about areas that are not performing properly, it must understand that there may have to be changes made.  He stated that this is a long-term effort.  The Mayor then thanked the EDC for the study and for its contributions to the Village.  This is an ongoing effort.

Mr. Cassa thanked the Council for its support. 

ORD 2016-6721 - B. Ordinance:  Authorize a Special Use for 4617 Roslyn Road to Permit an Extended Family Accessory Housing Unit

Stan Popovich, Director, Community Development, explained the ordinance and displayed a map showing the area in question.  He said it is a single-family parcel, and the request is to build a single-family home with an accessory housing unit separated from the rest of the house.  He showed the floor plan.  The house will appear to be a single-family home.  He noted that the requirement does include a conversion plan.  He noted that the Comprehensive Plan requirements are met and the standards for an extended family accessory housing unit have also been met.  It also meets the requirements for a Special Use.

Commissioner Barnett said he was happy to see this come forward.  He is proud that the Village has made these aging-in-place adjustments.  It is an important opportunity.

ORD 2016-6722 - C. Ordinance:  Authorize the Vacation of a Public Alley Adjacent to 4147 Venard Road

Mr. Popovich said he would discuss this and the next item at this time.  He said that this site is vacant, and the proposal is to vacate the alley.  The Village will maintain the easement on the property.  He said that the proposal follows the Comprehensive Plan requirements.  He noted that the petitioner is the Downers Grove Park District.  The proposal also meets the vacation requirements.   He reported the value of the vacated right-of-way as $4,901.18.

Commissioner Barnett said he has no problem with the fee waiver, and asked whether they use the assessed value.  Mr. Popovich said they do use the assessed value.  Mr. Fieldman said they use the market value as shown on the individual tax bill.  Commissioner Barnett then asked that the value be reviewed if they intend to have a vacation policy in place.

Commissioner White asked how the Park District acquired the land and if it would be possible to see what they paid for it.  Mr. Popovich said he believes the Park District simply purchased the home.

Commissioner Olsen asked the width of the alley, and Mr. Popovich said the measurement is 20'x300'. 

Commissioner Olsen asked for clarification regarding the assessed value.  Mr. Fieldman said that the value of the property adjacent to the subject property was taken and they used that land value market rate for purposes of the evaluation.  The land value is decreased by a factor of 1/3 because you can't actually build anything on it.

Commissioner Olsen then asked what the policy is with regard to a private person purchasing this.  Mr. Fieldman said that the practice has been to charge for the property.

Mayor Tully said that this is a public entity vacating property to another public entity.  He suggested that perhaps the policy should be reviewed.

Commissioner Olsen said he is in favor of recapturing the value of the property. It is land that the Village taxpayers own. 

Commissioner Hosé asked whether the Village has any plans for this right-of-way.  Mr. Fieldman said there are no particular plans other than to accommodate utilities. 

Commissioner Hosé asked how the Village got the property to be vacated.  Mr. Fieldman said it was platted as a street, and was a requirement of the Subdivision Ordinance. Commissioner Hosé noted that the Village got it for nothing.

Commissioner Waldack asked who remembers a sale of $1.00.  He supports the vacation, however he does not support waiving of the fee.  He said that the constituencies of the two taxing bodies are different and the Village is a different taxing body.  Both entities should be responsible for their own budgets.   He said he supports cooperation and collaboration but it only works when both parties support cooperation and collaboration. Commissioner Waldack then referenced the work done at McCollum, Barth Pond and Washington Park.  He said the Park District was repeatedly bringing in change orders and he doesn't feel it was an equal collaborative effort.  It cost the Village a lot of money when you review the details of those projects.  Commissioner Waldack said it is appropriate to ask the Park District to pay, and the Village should enforce its policy.  He will not support waiving the fee.

Mayor Tully said that this is a public asset being used publicly.  The constituency of the two agencies is almost identical and the Village waives fees for nonprofit organizations all the time.  He said that the Council could review the policy.  In this particular case he has no problem with the vacation.  The Mayor said in terms of compensation, there should be compensation when it is going into private hands.  He thinks they want the policy to be clear.  This situation is going from one public body to another and he would waive the fees.

Commissioner Barnett asked about District 99 and the Prince Street vacation.  Mr. Fieldman said that the Village prorated the charge based on the boundaries of District 99 as compared to the Village.  Commissioner Barnett then asked for clarification that the Village policy has provisions for waiving fees, and Mr. Fieldman said that was correct.

1. Dr. Gordon Goodman, 5834 Middaugh, said he had three points to discuss.  The first was the vacation of the right-of-way.  He feels unconstructed roadways are important to the Village, and in general he opposes vacations.  Alleyways are more difficult to use for alternative transportation.  In this case, however, the vacation will be useful to the Park District as the alleyway is surrounded by Park District property.  He supports the idea to review the vacation policy.  Dr. Goodman then said he would like the Village to look again at the policy and the usefulness of the unconstructed alleyways.  He is pleased with the cooperation between the Park District and the Village and looks forward to more cooperation between the agencies.  Dr. Goodman added that he supports waiving the fee.  The fee and how it is calculated is logical.  In this case it was ingenious to use the adjacent land value.  He asked that the Village compare that calculation by using the equivalent value in terms of in-lieu-of values.  It is a dynamic market and he thinks they should check to see if the compensation formula is appropriate.

2. Paul Fyle, Superintendent of Planning of the Downers Grove Park District, said that the Park District purchased the property to the north about seven years ago.  The right-of-way was then being used by the property to the south for driveway access.  The Park District later purchased the property to the south and they intend to connect the property to Doerhoefer Park.

Commissioner Waldack said if they are considering waiving the fees, why review the policy at this time if they are planning on giving it away anyway.

MOT 2016-6740 - D. Motion:  A motion authorizing a Fee Waiver Request for the Vacation of a Public Alley Adjacent to 4147 Venard Road

11. Mayor's Report

RES 2016-6694 - A. Resolution:  Establish the Downers Grove Comprehensive Planning Ad Hoc Committee and Appoint Members Thereto

Summary:  This establishes