Minutes Archive

August 02, 2016

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 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.

3. Minutes of Council Meetings

MIN 2016-6935 - A. Minutes: Executive Session Minutes for Approval Only - June 7, 2016

MIN 2016-6936 - B. Minutes: Council Minutes - July 19, 2016

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

Mayor Tully declared the motion carried by voice vote.

4. Public Comments

This is the opportunity for public comments.

1. Christos Taltsidis introduced himself as a fur and leather artist in Westchester. He suggested that if people come to his fur salon, he would make a donation to the Village. He said he was the author of a book that he wanted donated to the Library, and that he uses all natural products in his service, and encourages people to buy American.

Mayor Tully thanked him and said he would like to get more details from Mr. Taltsidis. He asked Mr. Taltsidis to contact the Library regarding the donation of his book.

2. Greg Harris said he has lived in the Village for six years. His problem is a long and complex one. Mr. Harris lives one block south of Ogden Avenue behind two businesses, Sears Hardware and The Dog Spot. Water has been diverted south that negatively affects his home and property. He said the volume of this water is enormous. He cited Templeton v. Huss. They cannot afford an attorney, so they have spent money trying to fix the problem, which is just a band-aid. The recent rainfall has caused many problems for them. The Village has given permission to one of his neighbors to build a dam of stone and sod. He quoted the Code that is in opposition to the dam. The water is not his. It is coming from Ogden Avenue and flows across his land. Mr. Harris said that he is arguing a situation that is clearly wrong. The dam should be removed. The Village should look into fixing this problem. Mr. Harris then showed photos of the situation. He and his wife have been arguing with the Village for a long time over this issue and they are tired of having to go through this.

Mayor Tully replied that he appreciates that this is a long, frustrating and complex issue with a history. The Village is committed to working to address this problem.

5. Consent Agenda

COR 2016-6930 - A. Claims Ordinance: No. 6169, Payroll, July 8, 2016

BIL 2016-6931 - B. Bills Payable: No. 6278, August 2, 2016

MOT 2016-6925 - C. Motion: Award $94,104.52 to Lakes and Rivers Contracting, Inc., Lemont, IL, for the 2016 Bridge Compliance Improvements

Summary: This awards a contract for the 2016 Bridge Compliance Improvements to Lakes and Rivers Contracting, Inc., Lemont, Illinois in the amount of $94,104.52.

Commissioner Waldack said he had a number of questions regarding the bridge repair item, estimates on the cost and overage on the budget. He recommended that the Village not engage Epstein Consultants in the future since they were responsible for underestimating some of the prices.

MOT 2016-6933 - D. Motion: Authorize a Change Order for $60,000 to Homer Tree Care, Inc., Lockport, IL, for Tree and Stump Removal Services

Summary: This authorizes payment to Homer Tree Service, Inc. in the amount of $60,000 for additional tree and stump removal services.

RES 2016-6943 - E. Resolution: Authorize a License Agreement with Crown Castle for Use of Village Rights-of-Way

Summary: This authorizes a ROW license agreement with Crown Castle.

A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT BETWEEN CROWN CASTLE NG CENTRAL LLC AND THE VILLAGE OF DOWNERS GROVE FOR USE OF VILLAGE RIGHTS-OF-WAY

RESOLUTION 2016-47

MIN 2016-6932 - F. Minutes: Note Receipt of Minutes of Boards and Commissions

Summary: Architectural Design Review Board - May 18, 2016; Comprehensive Planning Ad Hoc Committee - June 1, 2016; Library Board - June 22, 2016

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.

6. Active Agenda

ORD 2016-6900 - A. Ordinance: Amend the Sale and Promotion of Alcoholic Liquor

Summary: This amends certain liquor code provisions concerning the sale and promotion of alcoholic liquor. AN ORDINANCE AMENDING THE SALE AND PROMOTION OF ALCOHOLIC LIQUOR

ORDINANCE NO. 5547

Motion: Commissioner Olsen moved to adopt "An Ordinance Amending the Sale and Promotion of Alcoholic Liquor," as presented. Commissioner White seconded the motion.

Commissioner Waldack commented that this is a tough call. The Liquor Commission discussed this in terms of it being good for business. Naperville remains more restrictive. He is unwilling to approve it.

Mayor Tully said that this measure began at the State level with the reinstatement of happy hour and party packages. The Village was urged to change its Ordinance, which is more restrictive to make the community more competitive. Since this was last discussed, the Mayor has discovered that not all businesses support this. He suggested that a report to the Liquor Commission be made in 6-9 months as to how things are going with the licensees. He would like to have the Liquor Commission hold a meeting on this topic and report back to the Village Council. He will support this.

Commissioner Olsen said he shared the concerns expressed by Commissioner Waldack; however he thinks that State laws are restrictive, and it is worthwhile to consider this. He supports Mayor Tully's suggestion.

Mayor Tully asked if any other Council members concurred with his suggestion and all members concurred.

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

Nay: Commissioner Waldack

Mayor Tully declared the motion carried.

ORD 2016-6843 - B. Ordinance: Amend Traffic Provisions at the Intersection of Lacey and Esplanade Roads

Summary: This amends traffic provisions at the intersection of Lacey Road and Esplanade Road.

AN ORDINANCE AMENDING TRAFFIC PROVISIONS AT THE INTERSECTION OF LACEY AND ESPLANADE

ORDINANCE NO. 5548

Motion: Commissioner White moved to adopt "An Ordinance Amending Traffic Provisions at the Intersection of Lacey and Esplanade," as presented. Commissioner Barnett seconded the motion.

Commissioner Olsen expressed his appreciation that this went to the Transportation and Parking Commission for review. He disagrees with the Commission's recommendation, and he will oppose this motion.

Mayor Tully thanked staff and the Transportation and Parking Commission for reviewing this issue.

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

Nay: Commissioner Olsen

Mayor Tully declared the motion carried.

7. First Reading

Village Manager Dave Fieldman said there are four topics, but seven items, for consideration under the First Reading this evening.

ORD 2016-6934 - A. Ordinance: Approve a Redevelopment and Sales Tax Rebate Agreement with 1815 Ogden, LLC

Mr. Fieldman said that the first four items concern the redevelopment and sales tax agreement for 1815 Ogden, Packey Webb Ford. This agreement allows the Village to retain a valued business in the community. He asked Michael Cassa, President, EDC, to provide additional information.

Michael Cassa, president and CEO of the Economic Development Corporation (EDC), presented the redevelopment and sales tax agreement for the new dealership of Packey Webb Ford. The vacant property at Ogden Avenue and Lacey Road will accommodate the auto dealership, as was cited as a possible use in the Comprehensive Plan. The present facility does not comply with Ford Motor Company requirements. The site contains several impediments that have long prevented its use. He reviewed those impediments which include environmental contamination requiring remediation, wetlands which require mitigation, Low Poor Drainage Area (LPDA) in a large portion of the site, and significant 25' elevation change from west to east requiring regrading. He then reviewed the agreement terms with Packey Webb Ford including reimbursement of TIF eligible expenses, a 15-year period of operation by Packey Webb Ford, waiver of the Sanitary District capture fee, and termination of the existing sales tax rebate agreement for the existing site at Ogden and Finley upon opening the new dealership. The redevelopment is projected to generate $7.3 million in net sales tax revenue during the 15-year term of the agreement. This will enhance Ogden Avenue as a location for automobile dealerships. Environmental contamination will be remediated, and Packey Webb will have an opportunity to operate another dealership at their current location. Mr. Cassa said that the EDC supports this agreement.

Brad Webb, partner with Packey Webb Ford, said he is one of the owners and the controller of Packey Webb Ford. They have worked diligently with staff to present this project before the Village and he thinks their efforts have brought the catalyst project for this challenging site. They intend to bring a viable and mutually beneficial project to the table, and he thanked the Village for their consideration.

Commissioner Hosé asked as to the fund balance of the Ogden Avenue TIF. Mr. Fieldman said it was $4.5 million. In further response to Commissioner Hosé, Mr. Fieldman said that the expected yearly increment was between $600,000 and $700,000 per year.

Mr. Fieldman noted that he has spoken with some residents who were interested in the zoning aspects of this project. He asked Director of Community Development Stan Popovich to address those issues.

Mayor Tully commented that the Village's General Fund funds most of the Village's basic operations. He said that the sales tax revenue is the largest source of funding, larger than the property tax levy by a small margin. He said that the Village works hard with the EDC to keep all revenue streams as vibrant as possible. The Village is constantly in competition with other communities, with the State and with other nations. He is very glad to see this project come forward, and he noted that this has been on the table since before 2001.

Stan Popovich, Director, Community Development, showed the location and the proposed building. It is zoned B-3, and the building will be centered on the site. The parking lot accommodates 800 cars. Two main accesses are on Ogden and Lacey. Cross access is also available. Packey Webb is asking for approval of a car wash for the future, but it is not contemplated now. One of the big concerns is that water will be flowing on the site. He showed the poor drainage area noting that there are two LPDAs on the site. The petitioner is proposing an open-air basin and two underground basins. Those facilities will accommodate the LPDAs and underground basins providing 7.65 acre-feet of water storage. He showed the plan for the site and water drainage facilities. Mr. Popovich stated that this is Catalyst Site 27 and the project is compatible with the Comprehensive Plan. It is consistent with and meets all standards for approval of a Zoning Map amendment, a Planned Unit Development (PUD) and a Special Use. The dealership is requesting relief for signage and for landscaping requirements along the south side due to stormwater requirements. Staff supports this proposal.

Jeff Lietz, CVG Architects, Naperville, said that the site plan was laid out purposefully to address the grade change of the site, provide appropriate traffic flow between the access points and to address stormwater management. He noted that they have been working with staff since December 2015. Mr. Lietz discussed site lighting, saying it will have more lighting than is there now. Lighting after business hours will be for security purposes only. With regard to noise, Mr. Lietz mentioned that they would be minimizing the use of the paging system versus cell phones or walkie-talkies. The majority of the site is contaminated and it will be contained on site. Mr. Lietz said the site does not allow for permeable pavers. The wetland is contaminated as well. Stormwater will come on site and go north to Ogden Avenue's storm sewer system. In addition, the dealership will have three water detention systems. He noted that everyone is excited about this project. Mr. Lietz said that the Village has been very helpful to them.

Commissioner Barnett said that his understanding is that this is a relatively small net change in sales tax revenue. Mr. Fieldman said it is about $300,000 over the course of the project. Commissioner Barnett commented that the cash flow benefit is more from property tax than anything else. He would like commentary on actual claw back experience. Mr. Fieldman replied that there had been some successful claw backs on auto dealerships in the late 2000s. Mayor Tully noted Luxury Motors and Saturn. Commissioner Barnett then said that it is fantastic to have the ability to change this site, and he's excited about the opportunity.

Commissioner Olsen asked about the intent for the property at Ogden and Belmont. Mr. Fieldman said Packey Webb owns the site and would like to open another dealership there that would result in additional revenues and sales tax coming to the Village.

Commissioner Waldack said he agrees that occupying this site has been in the works for decades, and this seems perfect. Most of the comments from the public concern the contamination of the site and water runoff. He urged people to review the Council's questions. He is impressed with the project. This area has been on the interest board for a long time and this is a great opportunity. He will support this wholeheartedly.

Commissioner Vattimo congratulated Mr. Cassa and the staff, as this is a great opportunity for Downers Grove.

Commissioner Hosé commented that the plan shows it will be a beautiful building. There are environmental challenges and he asked why they would be containing a lot of the contaminated soil on site instead of removing it.

Mayor Tully said that Council responses that Commissioner Waldack referred to can be found on the Village's website.

Tom Mangan, a licensed professional geologist in the State of Illinois for Geo-Think, LLC, Geneva, said that this site has been a challenge for prior developers mostly because it was proposed for a mixed use. The site has various levels of lead contamination, and, as they evaluated the site and looked at it as commercial, it took some of the risk out of the site. They found metals related specifically to auto parts including lead, selenium, chromium and barium. He thinks the bulk came from years of demolition and scrapping. Based on the criteria from the IEPA it is cost effective to keep the majority of the soil on site. If they had to haul out all 14,000 cubic yards of contaminated material, it would be about $1.5 million in costs. By keeping it on site it will be protected. There is no groundwater contamination and no hazardous waste levels on site.

Mayor Tully noted that the remediation in place is not unique to this site and has been employed in numerous cases for decades.

Mr. Mangan said this site is considered to be a Brownfield, and it allows for redevelopment. The use of a car dealership is cost effective, reasonable and practical for the site conditions.

Mayor Tully asked if he was correct that this engineered solution with asphalt barriers avoids leeching and other problems. Mr. Mangan said that was correct. By mitigating this they will improve the overall environment of the area including stormwater. They are working to comply with all agencies for a project that will thrive.

Mayor Tully then asked about the process for approval from the IEPA. Mr. Mangan responded that the IEPA Plan was submitted in early July. They anticipate a response by late August, or early September. There could be modifications that will need to be made. Once approval is received they will have a number of people on site working with excavation and documentation of site conditions.

Commissioner White questioned the process after the State approves the IEPA. Mr. Fieldman responded that upon completion of the remedial action plan the petitioner is required to file a remedial action report. There are assurances that the remediation was done according to IEPA regulations before TIF dollars are released.

Commissioner White then asked if the Village's contribution capped at $5 million, and Mr. Fieldman said that was correct.

Skip Muehlhaus, 1868 Grant Street, asked whether the Council would vote on this even though the proposal is not complete. Mayor Tully said that they would. Mr. Muehlhaus asked what will happen if there are big changes with the financial impact. Mayor Tully said approval is the start of the plan as put forth.

Commissioner White asked for clarification that they cannot build this until the IEPA approves it, and Mr. Fieldman replied that was correct. He added that this site has been the topic of many conversations. The IEPA is familiar with this site and they have expressed their support.

Mr. Muehlhaus said it would seem more appropriate to have the light at Lee as opposed to Lacey.

2. Kent Conness said he resides on Grant Street next to the property and expressed concerns as they'll have to live with this for years. The more they look at the documents the more questions arise. As for TIF funds use, this isn't blight and car dealerships don't look good. This is an existing business. They think $5 million is astonishing and is more than half of the Ogden Avenue TIF balance. This is for private property use, and they should spend the TIF funds on public property. Mr. Conness noted that the document showed up on Friday afternoon and is over 70 pages long, with little time for regular citizens to review it. That is a challenge and a problem. He noted that Packey Webb says they will open another dealership on Belmont and Ogden but there is no contractual agreement. They're going to open another dealership just down the street and he doesn't understand that. As for the sales tax rebate, this agreement is very long. They have already had four years of sales tax rebates. This should be shorter than ten years. He said 80% of the small businesses opening in Downers Grove won't be open in ten years. If the Village is giving rebates, they should give them to all businesses.

Mayor Tully asked that Mr. Conness not make accusations or assumptions without facts. He asked what businesses have asked for a rebate and have not gotten one. Mr. Conness asked if they give a rebate to all businesses. Mayor Tully said he is responding to an accusation being made without basis. Mr. Conness asked what type of business does not create sales tax, and the Mayor replied service businesses, lawyers, doctors, architects, environmentalists, etc. Numerous businesses ask for them and they receive them. That information is on the website and the Mayor said he would be happy to answer Mr. Conness' questions after the meeting.

Mr. Conness then commented about light trespass, as Star Motors lights are too bright. Residents are concerned. As for noise trespass, there are unanswered questions there as well. The car wash will add noise, and open bay doors will add noise. As for stormwater concerns, Mr. Conness asked about the basin and existing LPDA. He asked if this is improving flooding. Stormwater comes from many streets in this area. The swale was created by dumping property behind 4417 Stonewall. The Village should reroute the water.

3. Bob Long, 1864 Grant, said his home is 367' south of where the carwash will be. He said that 25 years ago the subject property didn't have this water problem. Mr. Long showed where a drain was installed at 4417 Stonewall and the water from there is now ends up on the southwest corner of Packey Webb's property. He spoke of the water flow in the neighborhood and described the direction of the flow. He displayed a map of stormwater concerns and expressed the residents' fear that the water problems will continue with this development. He showed numerous photographs of specific sites along Stonewall after the torrential rains last week.

Mr. Conness then continued regarding toxic metals and asked about the remediation action plan. Mr. Fieldman said that the remediation action plan is on the website. Mayor Tully noted that they are not voting on this tonight. Mr. Conness stated that many people are still not aware of this. The dealership has been working with the staff since last fall, but that isn't great for the ordinary resident. The IEPA shouldn't be responsible for approval of the whole remediation plan. He added that Aldi's seems to be getting a free pass as well. He was told that most of the contaminated soil would be "encapsulated." He said it would be safer to encapsulate it to a dry area. Mr. Conness then made recommendations that the Village should consider to address the problems. TIF funds should be used for public property and not private property. He said they should move all contaminated soil off site or encapsulate it in dry areas. The Village should stop allowing any contaminated water to flow into multi-property wetlands. He also said that the Village Council approval should be postponed as this is a big proposal and there hasn't been enough time for regular people to read all of it.

Mayor Tully replied to Mr. Conness and asked that he send his comments to the Council. With respect to the Council's responses, the Mayor asked staff to add additional information included in the remediation action plan.

Greg Bedalov, 4840 Seeley, commended staff, Michael Cassa of the EDC, and Packey Webb on what appears to be a great project. He noted that when he interviewed for the EDC Presidency in September 2004, this site was his homework project. He said he hoped they move forward and advance it.

Mr. Muehlhaus asked about the hours of operation. Mr. Webb said that 7:00 a.m. to 9:00 p.m. are the hours of operation. Mr. Fieldman added that they close at 6:00 p.m. on Saturday, and are closed on Sunday.

Commissioner Barnett said it is very common to see concerns expressed about stormwater. He asked for a description of the remediation and redevelopment of a site in layman's terms.

Mr. Fieldman said that Mr. Popovich and his team have done a great job of schematics. They will do a summary on that.

Commissioner White said he supports the project. It would be helpful to the public to prepare information as to how the sales tax rebate agreements work.

Commissioner Olsen commented that TIF funds and districts are misunderstood and warrants explanation for the public.

Mayor Tully referenced a cable TV program entitled "At Your Service" that produced videos on a number of topics. Mr. Fieldman said that they are about to launch a public education campaign about stormwater and stormwater management. It will include a series of videos on both stormwater management, and on TIF districts as well. Mayor Tully noted that the Council is available for additional input.

ORD 2016-6862 - B. Ordinance: Rezone Certain Property Located at 1815 Ogden Avenue

ORD 2016-6863 - C. Ordinance: Authorize a Special Use for 1815 Ogden Avenue to Permit an Automobile Dealership

ORD 2016-6861 - D. Ordinance: Designate the Property at 1815 Ogden Avenue as Planned Unit Development #55 and Authorize Construction of an Automobile Dealership

ORD 2016-6926 - E. Ordinance: Restrict Certain Turns at Middaugh Road and Ogden Avenue

Nan Newlon, Director, Public Works, explained this ordinance and showed a map of the area near Herrick Middle School. She said District 58 made the request, and the purpose is to reduce congestion to the south. This ordinance will restrict the site to right turns only from Middaugh onto Ogden.

ORD 2016-6921 - F. Ordinance: Vacate a Certain Portion of a Public Alley Right-of-Way (Adjacent to and between 708-712 Franklin Street)

Mr. Popovich explained this ordinance as a right-of-way vacation of an unimproved alleyway. The petitioners are proposing to split the alley in half. The Comprehensive Plan addresses this in terms of ensuring quality housing stock. The vacation of the alley will provide more flexibility for future development. The easement over the entire alley would be vacated. This complies with the right-of-way vacation policy. Staff recommends an amount of $8601.92 for the value of the land.

MOT 2016-6946 - G. Motion: Award a Contract to Elgin Recycling for Collection and Recycling of Residential Electronics

Mike Baker, Deputy Village Manager, said that this is to seek approval of a contract to Elgin Recycling for the Village's recycling extravaganza, in conjunction with Amnesty Day. The costs have risen for electronic recyclables and this now requires Council approval.

Commissioner Barnett encouraged his colleagues to think through the services the Village provides. The increases are huge. He is disappointed that they are continuing to do this. Because it was done last year is not a reason to do it this year.

Commissioner White said he thinks the Village should continue this program. Unless consumers have a convenient way to recycle it will end up in a landfill, and they have to come to grips with how to address these items. Recycling now will save money in the future. He thinks the environmental costs are enormous.

Mayor Tully commented that they are both a bit right. This is a popular event with residents. The Village has looked to work with others to provide this service but the recycling environment has changed and it is difficult to collaborate with other agencies. He would continue to push for sharing resources.

Mr. Fieldman noted that the DuPage Mayors and Managers Conference is looking at regional solutions, but not for this year.

Commissioner White said he is not comfortable continuing this in perpetuity, but he is also not comfortable giving it up until someone else takes it over.

1. Mark Thoman, 1109 61st Street, said that the Township regularly recycles at their highway facility, and works out a program to recycle CRTs and other items. It is a coupon program, and he suggested that the Village look into it.

8. Mayor's Report

9. Manager's Report

10. Attorney's Report

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

An ordinance approving a redevelopment and sales tax rebate agreement with 1815 Ogden, LLC
An ordinance rezoning certain property located at 1815 Ogden Avenue
An ordinance authorizing a special use for 1815 Ogden