Minutes Archive

December 11, 2018

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 Barnett, Commissioner Walus, Commissioner Earl, Commissioner Waldack, Commissioner White, Commissioner Hosé; 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 2018-8024 - A. Minutes: Council Minutes - December 4, 2018

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

Mayor Tully declared the motion carried by voice vote.

4. Public Comments

This is the opportunity for public comments.

There were no comments.

5. Consent Agenda

Mayor Tully asked that item C, RES 2018-8007, a resolution authorizing acceptance of public improvements for Nelson Meadow Subdivision, be removed from the consent agenda and considered separately.

BIL 2018-8021 - A. Bills Payable: No. 6428, December 11, 2018

MOT 2018-8022 - B. Motion: Issue 2019 Class A Scavenger License to Allied Waste Services of North America, LLC

Summary: Application has been made by Allied Waste Services of North America, LLC for a Class "A" scavenger license. Finding that Allied complies with the applicable requirements of the Municipal Code, this approves and authorizes issuance of a Class "A" scavenger license to Allied Waste Services of North America, LLC for 2019. This license allows Allied to serve all premises within the Village. Allied is currently under contract with the Village to provide single-family scavenger, recycling and yard waste services through March 2023.

MOT 2018-8015 - D. Motion: Authorize a Three-Year Contract for 2019-2021 to H&H Electric Company, Franklin Park, Illinois, in the Amount of $254,891.71 for Traffic Signal Maintenance

Summary: This awards a three-year contract for 2019 through 2021 for Traffic Signal Maintenance of Village-maintained traffic signals to H&H Electric Company of Franklin Park, Illinois.

RES 2018-8018 - E. Resolution: Amend the Employee Administrative Rules (Personnel Manual) of the Village of Downers Grove

Summary: This updates the Employee Administrative Rules Village Council Policy and updates the Village of Downers Grove Personnel Manual.

A RESOLUTION AMENDING THE EMPLOYEE ADMINISTRATIVE RULES (PERSONNEL MANUAL) OF THE VILLAGE OF DOWNERS GROVE, ILLINOIS

RESOLUTION 2018-89

RES 2018-7954 - F. Resolution: Authorize a License Agreement with T-Mobile Central, LLC, to Install, Maintain and Operate a Communications Facility on Village Property

Summary: This authorizes execution of a license agreement with T-Mobile for cellular antenna on Village owned property located at 6701 Main Street.

A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND T-MOBILE CENTRAL, LLC, TO INSTALL, MAINTAIN AND OPERATE A COMMUNICATIONS FACILITY ON VILLAGE PROPERTY

RESOLUTION 2018-90

RES 2018-8020 - G. Resolution: Authorize a Loan Repayment Amendment to the Loan Agreement (L175337) with the Illinois Environmental Protection Agency

Summary: This amends the loan agreement with the Illinois Environmental Protection Agency (IEPA).

A RESOLUTION AUTHORIZING EXECUTION OF A LOAN REPAYMENT AMENDMENT TO THE LOAN AGREEMENT (L175337) BETWEEN THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY AND THE VILLAGE OF DOWNERS GROVE

RESOLUTION 2018-91

MOT 2018-7987 - H. Motion: Authorize $1,250,570.61 for Two 2019 Ford Police Responders, Two 2019 Ford Hybrid Sedans, One 2019 Ford Ambulance, One 2019 Ford Expedition, One 2019 Ford F-550 with Lindco Snow Plow Package, Three 2019 Ford F-450s, and One 2020 Peterbilt 348

Summary: A motion is requested to authorize the purchase of the following replacement vehicles for a total of $1,250,570.61: Two 2019 Ford F-150 Police Responders from Sutton Ford of Matteson IL, in the total amount of $81,092.00; Two 2019 Ford SSV Plug-in Hybrid Sedans from National Auto Fleet Group of Watsonville, CA in the total amount of $74,795.48; One 2019 Ford F-550 Ambulance from Foster Coach Sales, Inc. of Sterling IL, in the total amount of $294,510.00; One 2019 Ford Expedition from Kunes Country Ford of Antioch IL, in the total amount of $42,682.00; One 2019 Ford F-550 with Lindco Snow Plow Package, from Sutton Ford of Matteson IL, in the total amount of $92,300.00; Three 2019 Ford F-450's with Sauber Service Body Packages, from Currie Motors of Frankfort IL, in the total amount $280,612.00; One 2020 Peterbilt 348 with Hi-Vac Aquatech Model B-10 combination jet/vac, from R.N.O.W., Inc. of West Allis WI, in the total amount $384,579.13

MIN 2018-8017 - I. Minutes: Note Receipt of Minutes of Boards and Commissions

Summary: Liquor Commission - November 1, 2018, Plan Commission - November 5, 2018

Motion: Commissioner White moved to approve the Consent Agenda as amended. Commissioner Earl seconded the motion.

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

Nay: None

Mayor Tully declared the motion carried.

6. Active Agenda

RES 2018-8007 - C. Resolution: Authorize Acceptance of Public Improvements for Nelson Meadow Subdivision

Summary: This accepts public improvements at the Nelson Meadow Subdivision.

A RESOLUTION AUTHORIZING ACCEPTANCE OF PUBLIC IMPROVEMENTS - NELSON MEADOW SUBDIVISION

RESOLUTION 2018-92

Motion: Commissioner White moved to adopt "A Resolution Authorizing Acceptance of Public Improvements for Nelson Meadow Subdivision," as presented. Commissioner Earl seconded the motion.

Mark Cronin, 1117 Jefferson, asked for confirmation that maintenance of the easement will continue.

Village Manager Dave Fieldman confirmed that there is a two-year maintenance period for public improvements. All other property maintenance codes will apply.

Mr. Cronin asked about the sale of the property.

Mr. Fieldman said it would be a matter of public record.

John Schofield, 1125 Jefferson, said he believes the seller is required to give 30-day notice with respect to selling the property.

Mr. Schofield showed the location of his property. St. Joe's Creek is south of his and his neighbors' lots. The creek has not flooded, but it has come close to doing so. North of him is Nelson Meadow subdivision. If the stormwater infrastructure doesn't work, he and his neighbors will get flooded. The permeable surface will decrease as homes get built.

Mr. Schofield thanked the staff. Kerry Behr has been professional and thorough and a delight to work with. He thanked the Clerk's Office for fulfilling his FOIA requests.

Mr. Schofield said there is a need for ongoing vigilance as this item triggers the ability to build houses on the property. He showed a drawing of Nelson Meadow to illustrate the complexity of the project. He wants to be sure the Village is committed to stormwater matters.

With respect to the detention pond plantings, Mr. Schofield referenced a memo from Irene Hogstrom, a licensed landscape architect. The plantings serve to cleanse the stormwater. Ms. Hogstrom noted in her memo that the plan is good, but the execution was flawed. In the absence of proper plantings, invasive species have taken over. Mr. Schofield reviewed Ms. Hogstrom's recommendations.

Mr. Schofield said it is a critical time for installation, maintenance and replacement of plants in the detention pond. He hopes the Village has retained control and funds to compel this to be done or to do it themselves. This is documentation of a flaw in the public improvements. This project has been going on for 14 years. Mr. Schofield said documents have been archived at neighbors.nelsonmeadow.com.

Mayor Tully thanked Mr. Schofield for his comments and his dedication. He noted that the tools and rules for stormwater control are better than they were 14 years ago. He said people can expect the same vigilance going forward. Regarding the plantings, $130,000 will be kept aside per the resolution. The Village has the power to make improvements to the detention area. This was not in place 14 years ago.

Mr. Schofield said the neighbors are grateful for the changes the Mayor outlined.

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

Nay: None

Mayor Tully declared the motion carried.

ORD 2018-8008 - A. Ordinance: 2018 Aggregate Tax Levy

Summary: This establishes the 2018 Downers Grove tax levy in the amount of $22,569,069.76 for the Village of Downers Grove and $5,337,785 for the Library.

2018 AGGREGATE TAX LEVY ORDINANCE

ORDINANCE NO. 5730

Motion: Commissioner White moved to adopt "The 2018 Aggregate Tax Levy Ordinance," as presented. Commissioner Earl seconded the motion.

Commissioner Waldack said he has followed the budget for 20 years. It has been improved upon every year and everyone has the chance to look at it. Council and staff have been responsive to issues brought forward. He supports this and anticipates that this will go forward to a new Council.

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

Nay: None

Mayor Tully declared the motion carried.

ORD 2018-7989 - B. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2018 and ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Service Area)

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

AN ORDINANCE FOR LEVYING OF THE TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2018 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2018 FOR THE VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #2 (DOWNERS GROVE DOWNTOWN SERVICE AREA)

ORDINANCE NO. 5731

Motion: Commissioner White moved to adopt "An Ordinance for Levying of the Taxes for the Fiscal Year Commencing on the First Day of January 2018 and Ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Service Area)," as presented. Commissioner Earl seconded the motion.

Mayor Tully asked why taxes are levied for 2018 in December.

Mr. Fieldman said in Illinois taxes are paid one year in arrears. This was started during the depression.

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

Nay: None

Mayor Tully declared the motion carried.

ORD 2018-7992 - C. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2018 and ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #6 (Fairview Fire Protection District)

Summary: This establishes the tax levy for the Special Service Area #6 in the amount of $89,344.00.

ORDINANCE NO. 5734

Motion: Commissioner White moved to adopt "An Ordinance for Levying of the Taxes for the Fiscal Year Commencing on the First Day of January 2018 and Ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #6 (Fairview Fire Protection District)," as presented. Commissioner Earl seconded the motion.

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

Nay: None

Mayor Tully declared the motion carried.

Motion to Adopt Ordinances ORD 2018-7990 through ORD 2018-7991 and ORD 2018-7993 through ORD 2018-7996 (Active Agenda Items D-I)

Summary: This establishes the tax levy for Special Service Areas #4, #5, #7, #8, #9 and #10 in the amount of $0.00.

Motion: Commissioner White moved to adopt "Ordinances for the Levying of Taxes for Special Service Area #4, #5, #7, #8, #9, and #10, Commencing on the First Day of January 2018 and Ending on the Thirty-First Day of December 2018," as presented. Commissioner Earl seconded the motion.

Commissioner White said no new taxes are being levied.

Mayor Tully asked why it is necessary to pass these ordinances that levy no dollar amount.

Mr. Fieldman said it is necessary to levy something in order to make them valid and legal.

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

Nay: None

Mayor Tully declared the motion carried.

ORD 2018-7990 - D. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2018 and ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #4 (Green Acres Subdivision)

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

ORDINANCE NO. 5732

ORD 2018-7991 - E. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2018 and ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #5 (Atwood Subdivision)

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

ORDINANCE NO. 5733

ORD 2018-7994 - F. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2018 and ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #7 (Dunham Subdivision)

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

ORDINANCE NO. 5735

ORD 2018-7993 - G. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2018 and ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #8 (Nelson Meadow Subdivision)

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

ORDINANCE NO. 5736

ORD 2018-7995 - H. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2018 and ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #9 (35th and Saratoga Subdivision)

Summary: This establishes the tax levy for Special Service Area #9 in the amount of $0.00.

ORDINANCE NO. 5737

ORD 2018-7996 - I. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2018 and ending on the Thirty-First Day of December 2018 for the Village of Downers Grove Special Service Area #10 (Bridgepoint Downers Grove Subdivision)

Summary: This establishes the tax levy for Special Service Area #10 in the amount of $0.00.

ORDINANCE NO. 5738

Motion to Adopt Ordinances ORD 2018-7997 through ORD 2018-8004 (Active Agenda Items J-Q)

Summary: This abates certain 2018 tax levies as enumerated on the agenda. The total amount to be abated is $8,769,044.76. This amount can be abated since other sources of revenue are available to pay these debt service obligations.

Motion: Commissioner White moved to adopt "Ordinances Abating a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2010, 2010B, 2012, 2013A, and Refunding Bonds Series 2014, 2015, 2016 and 2017," as presented. Commissioner Earl seconded the motion.

Mayor Tully asked for an explanation of abatement.

Mr. Fieldman said it is to give back or not collect because we have other revenue sources to pay these debt service obligations. However, we must legally levy for these.

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

Nay: None

Mayor Tully declared the motion carried.

ORD 2018-7997 - J. Ordinance: Abate a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2010

Summary: This abates a portion of the 2018 tax levy related to General Obligation Bonds, Series 2010.

AN ORDINANCE ABATING A PORTION OF THE 2018 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2010

ORDINANCE NO. 5739

ORD 2018-7998 - K. Ordinance: Abate a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2010B

Summary: This abates a portion of the 2018 tax levy related to General Obligation Bonds, Series 2010B.

AN ORDINANCE ABATING A PORTION OF THE 2018 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2010B

ORDINANCE NO. 5740

ORD 2018-8001 - L. Ordinance: Abate a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2012

Summary: This abates a portion of the 2018 tax levy related to General Obligation Bonds, Series 2012.

AN ORDINANCE ABATING A PORTION OF THE 2018 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2012

ORDINANCE NO. 5741

ORD 2018-7999 - M. Ordinance: Abate a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2013A

Summary: This abates a portion of the 2018 tax levy related to General Obligation Bonds, Series 2013A.

AN ORDINANCE ABATING A PORTION OF THE 2018 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2013A

ORDINANCE NO. 5742

ORD 2018-8000 - N. Ordinance: Abate a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2014

Summary: This abates a portion of the 2018 tax levy related to General Obligation Bonds, Series 2014.

AN ORDINANCE ABATING A PORTION OF THE 2018 TAX LEVY RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014

ORDINANCE NO. 5743

ORD 2018-8002 - O. Ordinance: Abate a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2015

Summary: This abates a portion of the 2018 tax levy related to General Obligation Bonds, Series 2015.

AN ORDINANCE ABATING A PORTION OF THE 2018 TAX LEVY RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015

ORDINANCE NO. 5744

ORD 2018-8003 - P. Ordinance: Abate a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2016

Summary: This abates a portion of the 2018 tax levy related to General Obligation Bonds, Series 2016.

AN ORDINANCE ABATING A PORTION OF THE 2018 TAX LEVY RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016

ORDINANCE NO. 5745

ORD 2018-8004 - Q. Ordinance: Abate a Portion of the 2018 Tax Levy Related to the General Obligation Bonds, Series 2017

Summary: This abates a portion of the 2018 tax levy related to General Obligation Bonds, Series 2017.

AN ORDINANCE ABATING A PORTION OF THE 2018 TAX LEVY RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017

ORDINANCE NO. 5746

7. First Reading

Mr. Fieldman said staff will present item A later on tonight's First Reading. Mr. Fieldman introduced Jason Zawila, Planning Manager, to present items B and C. Mr. Fieldman welcomed Mr. Zawila to his first Council meeting. Mr. Zawila recently joined the Village; he has a great deal of experience in other communities and is a 12-year resident of the Village.

RES 2018-7975 - B. Resolution: Approve the Final Plat of Subdivision for 3970 Douglas Road

Jason Zawila, Planning Manager, said this is a final plat of subdivision to subdivide the property at 3970 Douglas Road into two lots of record. The property is located at the corner of 40^th and Douglas. The existing home at 3970 Douglas Road will remain. The second parcel has no frontage along 40^th Street. This proposed lot will have frontage along 40^th Street and will be developed with a new single family residence.

Mr. Zawila said this request complies with the Comprehensive Plan, the Zoning Ordinance and the Subdivision Ordinance. The Plan Commission recommended approval.

ORD 2018-7974 - C. Ordinance: Amend Planned Unit Development #51, to Allow Revisions to the Campus Master Plan at Midwestern University Located at 555 31st Street

Mr. Zawila said this is a request to authorize a Planned Unit Development Amendment at Midwestern University, 555 31^st Street, for a revised Campus Master Plan to construct a new support services building and relocate the chapel on the master plan. The master plan was last amended in 2015. The existing support services building, Haspel/Hambrick Hall, will be replaced with a new building located in the center of campus. The taller buildings will be clustered together.

Mr. Zawila said this meets all the required height and setback requirements. There is no anticipated increase in traffic as there is no anticipated increase in either staff numbers or student enrollment.

Mr. Zawila said this complies with the Comprehensive Plan and the Zoning Ordinance. The Plan Commission recommended approval.

Mayor Tully said it is always nice to see Dr. Goeppinger. It is exciting to see the changes and he appreciates the investment in Downers Grove.

Dr. Goeppinger, President and CEO of Midwestern University, thanked the Council for allowing the University to grow and expand. She said she is proud of the campus and the opportunity to partner with the Village.

MOT 2018-8019 - A. Motion: Authorize Approval of Key Terms for a Redevelopment Agreement with Location Finders International (LFI) and Direct Staff to Take Necessary Actions to Comply with the Key Terms

Mr. Fieldman asked Mike Baker, Deputy Village Manager, to address this item.

Mike Baker, Deputy Village Manager, said the Village has long-standing problems with Village Hall and the Police Station. The buildings are functionally obsolete, work has been deferred and the land is underutilized. Staff is requesting a motion to approve key terms for a redevelopment agreement with Location Finders International (LFI) and to direct staff to take actions to comply with the key terms. Mr. Baker showed the current site and the revised plan showing the location of the new buildings. LFI is seeking to acquire property on a portion of the Civic Center site to develop a medical office building. A combined Police Station/Village Hall facility would be constructed on the Village-owned portion of the site. A small townhome development would also be constructed as would the extension of Washington Street from Curtiss Street to the railroad right-of-way. The Police Station would remain functional and in use during construction. Village Hall staff would be temporarily relocated.

In terms of the costs, Mr. Baker said the total project costs are estimated to be between $35 and $37 million. Sale of the land to LFI is $8 million. Sale of the land for townhomes is estimated to be $.5 million. He said $3 million of Village funds is available. The remainder, $24.5 million, is proposed to be funded through the issuance of general obligation bonds to be repaid over 25 years.

Mr. Baker then discussed how the proposed key terms including funding and financin