May 17, 2016

1. Call to Order

Mayor Pro Tem David Olsen 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.

Mayor Pro Tem Olsen said Mayor Tully is away on business.  Council will entertain a motion to permit him to attend the meeting electronically.    

2. 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 Active Agenda and the First Reading. 

The Mayor Pro Tem stated that at the appropriate time the presiding officers will ask if there are any comments from the public. Individuals wishing to speak, should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name. Remarks should be limited to five minutes, and individuals are asked to refrain from making repetitive statements.

Mayor Pro Tem Olsen 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.

MOT 2016-6828 - A. Motion:  Permit Electronic Attendance

Summary:  This allows Mayor Tully to participate in the May 17, 2016, Village Council meeting electronically.

Motion:  Commissioner White moved to allow Mayor Tully to participate in the May 17, 2016, Village Council meeting electronically.  Commissioner Barnett seconded the motion. 

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

Nay: None

Mayor Pro Tem Olsen declared the motion carried.

3. Minutes of Council Meetings

MIN 2016-6827 - A. Minutes:  Council Minutes - May 10, 2016

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

Mayor Pro Tem Olsen declared the motion carried by voice vote. 

4. Proclamations

Mayor Pro Tem Olsen read three proclamations.  He proclaimed May 2016 as Historic Preservation Month and presented the proclamation to Stan Popovich, Director, Community Development.  He then declared the week of May 15-21, 2016, to be Police Week and presented the proclamation to Police Chief Kurt Bluder.  Mayor Pro Tem Olsen noted that the Richard J. Barth ceremony was held yesterday.  Officer Barth was killed in 1974 in the line of duty. 

Mayor Pro Tem Olsen further declared the week of May 15-21, 2016, to be Public Works Week and presented the proclamation to Deputy Village Manager Mike Baker.   

5. Consent Agenda

COR 2016-6818 - A. Claims Ordinance:  No. 6157, Payroll, April 15, 2016 and No. 6159, Payroll, April 29, 2016

BIL 2016-6819 - B. Bills Payable:  No. 6264, May 17, 2016

MOT 2016-6803 - C. Motion:  Authorize $549,900.00 to Chicagoland Paving Contractors, Inc., Lake Zurich, IL, for the Lacey Road Reconstruction

Summary:  This awards a contract for the Lacey Road Reconstruction to Chicagoland Paving Contractors, Inc. of Lake Zurich, Illinois in the amount of $549,900.00.

MOT 2016-6815 - D. Motion:  Authorize an Agreement with MC Squared for Retail Electricity Supply

Summary:  This authorizes an agreement with MC Squared for retail electricity supply.

MOT 2016-6817 - E. Motion:  Authorize an Amount Not to Exceed $15,998.00 to Netrix, LLC, for Miscellaneous IT Systems Maintenance Renewals

Summary:  This authorizes the purchase of miscellaneous software maintenance renewals for IT systems from Netrix LLC for an amount not to exceed $15,998.00.

MOT 2016-6813 - F. Motion:  Authorize a Contract with Compass Minerals America, Inc., for the Purchase of Bulk Rock Salt

Summary:  This authorizes a contract extension for the purchase of bulk rock salt from Compass Minerals America, Inc. of Overland Park, Kansas at a cost of $56.35 per ton up to an amount of $146,510.

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

Votes:  Yea:  Commissioners White, Waldack, Vattimo, Hosé, Barnett, Olsen; Mayor Tully Nay:  None

Mayor Pro Tem Olsen declared the motion carried.

6. Active Agenda

RES 2016-6786 - A. Resolution:  Grant Historic Landmark Designation for 701 Maple Avenue

Summary:  This grants historic landmark designation for 701 Maple Avenue.

Motion:  Commissioner White moved to table this item to June 14, 2016.  Commissioner Waldack seconded the motion. 

Commissioner White noted that the petitioners asked that this be moved so they can be present.

Votes:  Yea:  Commissioners White, Waldack, Vattimo, Hosé, Barnett, Olsen; Mayor Tully Nay:  None

Mayor Pro Tem Olsen declared the motion carried.

RES 2016-6785 - B. Resolution:  Grant Historic Landmark Designation for 1232 Gilbert Avenue

Summary:  This grants historic landmark designation for 1232 Gilbert Avenue. 

A RESOLUTION GRANTING HISTORIC LANDMARK DESIGNATION

FOR 1232 GILBERT AVENUE 

RESOLUTION 2016-26

Motion:  Commissioner White moved to adopt "A Resolution Granting Historic Landmark Designation for 1232 Gilbert Avenue," as presented.  Commissioner Waldack seconded the motion. 

Mayor Pro Tem Olsen said he was thrilled that this is the fourth property to receive historic landmark status in the Village.  He invited Ms. Hogstrom and Mr. Bragen to come forward and receive their certificate and plaque.

Ms. Hogstrom thanked the Council saying that this is the end of a long journey of 8 or 9 years.  She said that a lot of people assisted in this process.  Stan Popovich, Director, Community Development, also presented a plaque to the homeowners. 

Votes:  Yea:  Commissioners White, Waldack, Vattimo, Hosé, Barnett, Olsen; Mayor Tully Nay:  None

Mayor Pro Tem Olsen declared the motion carried.

ORD 2016-6801 - C. Ordinance:  Adopt the Current International Code Council Energy Conservation Code

Summary:  This adopts the current International Code Council Energy Conservation Code and amendments thereto. 

AN ORDINANCE ADOPTING THE CURRENT INTERNATIONAL CODE COUNCIL ENERGY CONSERVATION CODE

ORDINANCE NO. 5538

Motion:  Commissioner White moved to adopt "An Ordinance Adopting the Current International Code Council Energy Conservation Code," as presented.  Commissioner Waldack seconded the motion. 

Votes:  Yea:  Commissioners White, Waldack, Vattimo, Hosé, Barnett, Olsen; Mayor Tully Nay:  None

Mayor Pro Tem Olsen declared the motion carried.

MOT 2016-6816 - D. Motion:  Accept Facility Sustainability Plan

Summary:  This accepts the Facility Sustainability Plan.

Motion:  Commissioner White moved to accept the Facility Sustainability Plan.  Commissioner Waldack seconded the motion. 

Commissioner Hosé suggested that after the renovation is completed the building be named after Officer Barth.

Mayor Pro Tem Olsen agreed that they should consider and look into that possibility. 

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

MOT 2016-6814 - E. Motion:  Direct Staff to Pursue Membership in DuPage Public Safety Communications (DU-COMM)

Summary:  This directs staff to pursue membership in DuPage Public Safety Communications (DU-COMM) for the provision of emergency and related dispatching services.

Motion:  Commissioner White moved to direct staff to pursue membership in DuPage Public Safety Communications (DU-COMM) for the provision of emergency and related dispatching services.  Commissioner Waldack seconded the motion. 

Commissioner Barnett said he assumed when this comes back, they will have some understanding of what services will be different, and what the cost will be, as well as the cost to keep some services. 

Village Manager Dave Fieldman said that was correct. 

Votes:  Yea:  Commissioners White, Waldack, Vattimo, Hosé, Barnett, Olsen; Mayor Tully Nay:  None

Mayor Pro Tem Olsen declared the motion carried.

7. First Reading

ORD 2016-6768 - A. Ordinance:  Authorize a Special Use for 1723 Ogden Avenue to Permit an Automobile Dealership

Stan Popovich, Director, Community Development, explained that the property is the Star Motors site at the southwest corner of Ogden Avenue and Lee.  He said there are four buildings at the site.  Mr. Popovich pointed out the curb cuts.  The proposal is to build a new structure for the automobile dealership.  The new building will result in closing two curb cuts on Ogden, replacing them with a single curb cut.  The petitioner has provided a connection point to the west of the site as well.  Mr. Popovich said that the site plan provides an adequate amount of parking for cars and customers, and the parking lot will be a paver lot to address stormwater management.  The proposal meets all of the stormwater ordinance requirements.  He described the car carrier turning radius and noted that deliveries will be on site.  He said that no test drives would be conducted on Lee Avenue southbound.  He noted that the proposal meets the special use standards of the Village Ordinance.

Tom Buckley, architect and agent for the petitioner, thanked Mr. Popovich and his staff for their assistance through the process, and the Plan Commission for their unanimous approval.  The property was purchased in 2000, and in 2015 the petitioner purchased the two parcels to the west.  The existing facility is about 6,100 square feet of which approximately 1,080 square feet would be removed, with a proposed addition of 9,494 square feet.  He described the construction of the facility and the exterior.  Mr. Buckley said that it is the petitioner's intention to be a good neighbor, and strong efforts are being put forth to eliminate test drives down Lee Avenue.  Generally a salesman accompanies all test drives, except for two-seat vehicles.  With regard to lighting intensity, the Village's Ordinance is strict.  Proposed light levels meet the requirements of the Village.  Fixtures are LED with cut-offs and shields. He noted that the lights are "night time friendly."

Mr. Buckley addressed the loading and unloading of cars, and spoke about car carriers.  He said they will be able to load and unload on their property, and the turn radius is also approved for fire and garbage trucks.  

1. Kent Conness of Grant Street said he spoke with someone regarding stormwater control on the site.  He said that any impact to the wetland induces the need for a stormwater permit.  Mr. Fieldman said that the permit is a requirement and will be reviewed as part of the building permit.

2. John Tully of Banchory Court said his concern is the test drivers and the danger to the neighborhood.  He is not sure that what is being done is enough.  He commented that Lee Street is the 0-60 mph test strip.  He noted that yesterday there was a problem when he and his neighbors were outside with their children.  One of the high-end sports cars came ripping down the street doing at least 50 mph.  It happens all too often and he doesn't see any teeth in the enforcement of test drives on their street.  A car carrier also came into their cul de sac on Saturday.  He said that it was larger than a fire engine.  Mr. Tully said he appreciates that language was added; however, he would like to see that the dangerous aspects of this be stopped.

Commissioner White asked what the cost of automated radar signs would be to indicate how fast drivers are going.  Mr. Fieldman said that staff can get that information.  Commissioner White then said that there are ways to solve this.  If the conditions are not adhered to, the special use can be revoked or changed.  Mr. Fieldman said that staff can bring this back to the Council for revocation if the dealer does not comply with the regulations.

Commissioner Waldack commented on the traffic situation, saying if the problem continues there is the potential removal of the special use, or installing traffic calming methods as well.  There are options if things do not work out.

Commissioner Barnett thanked the petitioner for investing in the Village, and he is glad that the petitioner is present to hear the comments made by the residents living near the business.

Commissioner Vattimo said the danger really concerns her and she shared the concerns expressed by the public. 

8. Public Comments

This is the opportunity for public comments.

Mr. Conness said he has heard ideas about revising or recalculating the Stormwater Utility.  He said that it should be correlated to the lot size, and if they can determine that a particular property has a net absorption of stormwater, they should be exempt from the fee.

9. Mayor's Report

Mayor Tully reminded everyone about the Cupcake Classic 5k to be held this weekend at McCollum Park, as well as the Public Works Open House on May 20.  He also reminded everyone about the Memorial Day commemoration on May 30 at 11:00 a.m. at Fishel Park.  Memorial Day was originally known as Decoration Day.  This is about honoring those who lost their lives in defense of their country.  He invited all residents to participate in this observance at Fishel Park put on by the V.F.W. and the American Legion. 

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 a special use for 1723 Ogden Avenue to permit an automobile dealership

12. Council Member Reports

Mayor Pro Tem Olsen also reminded everyone of the Memorial Day observance, which he said is a wonderful traditional service.

13. Adjournment

Mayor Pro Tem Olsen asked for a motion to adjourn. 

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

Votes:  Yea:  Commissioners White, Waldack, Vattimo, Hosé, Barnett, Olsen; Mayor Tully Nay:  None

Mayor Pro Tem Olsen declared the motion carried and the meeting adjourned at 7:40 p.m.

Respectfully submitted,

April Holden
Village Clerk