Minutes Archive

September 10, 2019

1. Call to Order

Mayor Robert Barnett 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 Barnett led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Council Attendance (Present): Commissioner Walus, Commissioner Earl, Commissioner Sadowski-Fugitt, Commissioner Kulovany, Commissioner Gray, Commissioner Hosé; Mayor Barnett

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 Barnett 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 2019-8312 - A. Minutes: Council Minutes - September 3, 2019

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

Mayor Barnett declared the motion carried by voice vote.

4. Public Comments

This is the opportunity for public comments.

Mark Thoman invited the Council and public to the 2^nd Annual Oktober Fest Senior Fundraiser on October 3 from 5:00 p.m. to 7:00 p.m. at Oak Trace Health Center. Tickets are $25 at the door.

Matt Topic said he lives in Orchard Brook. He said he applied for a permit to install solar panels but the application was rejected because the panels would encroach on the street. He was told he could only build half of the system. He asked the Council to amend the Zoning Ordinance regarding encroachments. He provided a packet to the Council.

5. Consent Agenda

BIL 2019-8313 - A. Bills Payable: No. 6478, September 10, 2019

MOT 2019-8306 - B. Motion: Authorize $62,938.95 for the Purchase of 15 Motorola Solutions Starcom APX6000 Portable Radios for Police Operations through the State of Illinois Master Contract

Summary: This authorizes the purchase of 15 Motorola Solutions Starcom APX6000 portable radios for Police Operations through the State of Illinois Master Contract for Starcom Radios in the amount of $$62,938.95.

MOT 2019-8302 - C. Motion: Award a Contract for $200,000.00 to J.A. Johnson Paving Company, Arlington Heights, Illinois, for 2019 Fall Roadway Patching

Summary: This awards a contract to J.A. Johnson Paving Company, Arlington Heights, Illinois for 2019 fall roadway patching in the amount of $200,000.00.

Motion: Commissioner Hosé moved to adopt the Consent Agenda as presented. Commissioner Earl seconded the motion.

Mayor Barnett declared the motion carried by voice vote.

6. Active Agenda

ORD 2019-8304 - A. Ordinance: Amend Raffle License Provisions

Summary: This makes certain amendments to raffle license provisions.

AN ORDINANCE AMENDING RAFFLE LICENSE PROVISIONS

ORDINANCE NO. 5772

Motion: Commissioner Hosé moved to approve "An Ordinance Amending Raffle License Provisions," as presented. Commissioner Earl seconded the motion.

Votes: Yea: Commissioners Hosé, Earl, Gray, Kulovany, Sadowski-Fugitt, Walus; Mayor Barnett Nay: None

Mayor Barnett declared the motion carried.

MOT 2019-8311 - B. Motion: Direct Staff to Prepare Amendments to the Zoning Ordinance for Plan Commission Review and Consideration at a Public Meeting

Summary: This directs staff to prepare amendments to the Zoning Ordinance for Plan Commission review and consideration at a public hearing, to include the following:

Categorize Cannabis Dispensaries as a Special Use in the B-2, B-3, ORM, M-1 and M-2 Zoning Districts.
Categorize All Other Cannabis Businesses as a Special Use in the ORM, M-1 and M-2 Zoning Districts.
Other Regulations for Cannabis Businesses
- Not adjacent to residentially zoned properties
- Must be located 1,000 feet or 1,300 feet from schools, parks and daycares (Plan Commission to discuss these distance regulation options)
- A dispensary must not be within 1,500 feet of another dispensary
- A maximum of three Special Use permits for all cannabis businesses shall be issued

Motion: Commissioner Hosé moved to staff to prepare amendments to the Zoning Ordinance for Plan Commission review and consideration at a public hearing, to include the following:

Categorize Cannabis Dispensaries as a Special Use in the B-2, B-3, ORM, M-1 and M-2 Zoning Districts.
Categorize All Other Cannabis Businesses as a Special Use in the ORM, M-1 and M-2 Zoning Districts.
Other Regulations for Cannabis Businesses
- Not adjacent to residentially zoned properties
- Must be located 1,000 feet or 1,300 feet from schools, parks and daycares (Plan Commission to discuss these distance regulation options)
- A dispensary must not be within 1,500 feet of another dispensary
- A maximum of three Special Use permits for all cannabis businesses shall be issued.

Commissioner Sadowski-Fugitt seconded the motion.

Commissioner Sadowksi-Fugitt thanked Stan Popovich, Director, Community Development, and Police Chief Shanon Gillette for their presentations, and the residents for their comments. She reiterated that retail cannabis will be legal as of 1/1/20. She will vote yes on this motion in order to explore this matter. It is not a vote regarding zoning.

Commissioner Hosé agreed that the Council should gather more information and the way to do it is through the Plan Commission. He thanked the staff for answering the Council questions. He noted that staff estimates that dispensaries will be 2,000 to 4,000 square feet in area and generate $7 to $10 million in annual sales. This is a range of $1,750 to $5,000 per square foot in annual sales. He compared this to retail stores that generate about $350 per square foot in retail sales.

Zac Alexander spoke of the effect of cannabis based businesses in Downers Grove. He spoke in favor of this motion and cited reports refuting concerns regarding crime, accidents, tax revenue, teenage drug use, cash only business crime, as well as support for federal legalization and the risk of unregulated products.

Mayor Barnett said this motion is to consider the potential zoning to allow for cannabis based businesses in our community. This is to determine whether to forward the matter to the Plan Commission.

Christina Martin, 701 Maple Avenue, said parents face so many serious issues. Downers Grove is a family friendly neighborhood. We don't need to be selling cannabis here; it sends the wrong message.

Commissioner Kulovany said he read all the research papers cited in the Council packet. This issue is personal to him. Legalization is going to happen. He spoke of Chief Gillette's comments concerning the potential work and costs. He discussed the possible results in terms of tax revenue vs. the risks. He said Lombard is moving forward and he would not be surprised if Westmont moves forward as well. He asked if it is unreasonable to drive to Westmont or Lombard. This touches him personally. He noted that this has not stopped black market sales. He thinks it is worth waiting to see the results of other communities. He will vote no on this motion.

Commissioner Gray said last week he took in new information and he has tried to break it down. Council was inundated by numbers. He spoke of risk vs. reward. The zoning restrictions seem to offer a limited opportunity. He noted that the financial numbers always come in lower than what is expected. He said we could be opening up a box to something we don't know due to it being new. He spoke of expungements in the State's Attorney's office noting that 700,000 lives could be affected. He asked if the words, "thug," "hoodlum," and "dealer" still apply. He addressed social equity due to the costs to participate. In terms of the future of Downers Grove, he said he didn't understand the starting point. He asked as to similar issues experienced here and what was learned. He spoke of the image/brand we have for Downers Grove. He asked if the decision is improving the brand of Downers Grove or not. He will vote no.

Commissioner Earl spoke of a conference she attended with respect to the topic of unintended consequences of medical marijuana. This was a group of planners and they were trying to warn people. This is an undesirable business and she does not support this. She said we don't need to be the first to opt in. The income may not cover potential costs. This is not the way she wants the community to be perceived and it is not the way to generate revenue. She does not support this.

Commissioner Walus said she would like to pause. She addressed several issues. Costs are not yet available. She has received a mixed response from the community - 50% in favor of this; 50% opposed. This gives her pause. She said we cannot just consider revenue. We must consider societal costs. She said she wants to be thoughtful and she does not want to add to the work of the police. She believes we need to pause. She is not opposed to reviewing this at a later date. It is our job to hear all who wish to be heard.

Commissioner Sadowksi-Fugitt said this is not a vote on the Zoning Ordinance. It is to take it to the Plan Commission to hold public hearings in order to hear more from the public. A "no" vote is a vote to get less information.

Commissioner Hosé said a "no" vote stops information and stops the process. If Chief Gillette and the police department were of the opinion that the sale of cannabis would be too dangerous, he would have said so. In response to comments that no one has expressed any interest in Downers Grove, he noted that no one will design a business plan when the Council is not ready to talk about it. He said he doesn't understand why we would stop the public process to get public input.

Commissioner Kulovany said the Plan Commission must follow specific guidelines. This would not be in the purview of the Plan Commission.

Mayor Barnett said he agrees that stopping the process stops the flow of information. Downers Grove has a reputation for gathering information. This would stop the process on the part of both staff and residents. The role of the Plan Commission is to conduct public hearings.

Votes: Yea: Commissioners Hosé, Sadowski-Fugitt; Mayor Barnett Nay: Commissioners Gray, Kulovany, Walus, Earl

Mayor Barnett declared the motion failed 4:3.

Motion: Commissioner Earl moved to direct staff to prepare an ordinance prohibiting adult-use cannabis business establishments (other than medical cannabis cultivation centers and dispensaries) from operating within the Village of Downers Grove. Commissioner Kulovany seconded the motion.

Commissioner Hosé said last week five Commissioners said they were okay moving forward. This is a flip flop and he has no idea why.

Commissioner Hosé moved to table the motion. Commissioner Sadowski-Fugitt seconded the motion.

Commissioner Sadowski-Fugitt said she has the same concerns as Commissioner Hosé. At worst, public opinion is 50/50 and last week five Commissioners were in support. She said she is concerned about this. She stands by more information always being better. This would limit the information we have.

Commissioner Earl said this is not to limit information; it is waiting for more data from our area. She said the feedback she has received is also 50/50. She prefers freeing up staff to work on other things.

Commissioner Gray said last week he said he was processing information in real time. This is a serious topic. He said someone told him they heard he said no last week.

Commissioner Kulovany said his position evolved. He said he had no political backing when he ran for office. He noted that he doesn't change his story depending on who he is speaking to and referenced his support for historic preservation and for trees. He's kept an open mind on this issue. He has respect for people taking in additional information. He didn't know a lot of the facts that he knows now. His decision is fact based.

In response to Commissioner Sadowski-Fugitt, Village Manager Dave Fieldman said future actions would be to prepare an ordinance to prohibit cannabis based businesses. The Zoning Ordinance could also be amended such that these businesses are not allowed. That action would require a public hearing.

Mayor Barnett asked for a vote on the motion to table this motion.

Votes: Yea: Commissioners Hosé, Sadowski-Fugitt; Mayor Barnett Nay: Commissioners Gray, Kulovany, Walus, Earl

Mayor Barnett declared the motion failed 4:3.

Mayor Barnett then asked for a vote on the motion moved by Commissioner Earl to direct staff to prepare an ordinance prohibiting adult-use cannabis business establishments (other than medical cannabis cultivation centers and dispensaries) from operating within the Village of Downers Grove.

Votes: Yea: Commissioners Earl, Kulovany, Gray, Walus Nay: Commissioners Sadowski-Fugitt, Hosé; Mayor Barnett

Mayor Barnett declared the motion passed 4:3.

7. First Reading

ORD 2019-8295 - A. Ordinance: Approve a Redevelopment Agreement with the Downers Grove Township

Mr. Fieldman said a redevelopment agreement has been prepared between the Village and the Downers Grove Township to reimburse the Township in an amount not to exceed $275,000 for the costs of stormwater management improvements and pedestrian crosswalk. He said $850,000 is available in the Ogden TIF Fund.

Commissioner Earl said she was delighted to see this move forward.

Commissioner Kulovany he liked the idea of cooperation with District 99, the native plantings and the green roof.

Mark Thoman, Downers Grove Township Supervisor, thanked the Mayor and staff for their help. He explained the existing conditions in terms of parking, public access and meeting space. The building will provide space for the FISH pantry which is staffed by volunteers and will continue to serve residents. He addressed the public space needs. Mr. Thoman said the Township will partner with District 99 for science experiences, and for student pedestrian safety. The redevelopment agreement helps make this project work. He noted that no new offices will be created. He is looking forward to this entity helping people in the future.

Commissioner Sadowski-Fugitt said she is excited about this, particularly the involvement of people from high school through senior citizens.

INF 2019-8307 - B. Information: Discuss Results of the Water Rate Study

Mr. Fieldman introduced David Hyder, Principal, Stantec Consulting, to introduce this item.

David Hyder, Principal, Stantec Consulting, said the Village's water system is extensive and one of the largest assets in the Village. Mr. Hyder noted that he was involved in the last water rate system study.

The last study was completed in 2010. Since then, the Village has made significant progress and it is important to keep the momentum as we have to continually replace pipes. The Village has been able to replace 1% of the water distribution system on an annual basis, with plans to continue for the foreseeable future. The Village has also been able to leverage low interest rate loans from the Illinois Environmental Protection Agency (IEPA) to fund the necessary capital investments while minimizing rate impacts.

Mr. Hyder addressed financial planning assumptions including expenditures, operating and existing debt forecasts and capital improvements. He said the Village expects to spend $54 million over the next ten years on the water system, the majority for watermain replacements.

With respect to revenue sufficiency, the purchased water forecast is for a 1% decline going forward and no new customers are anticipated. He discussed the five-year revenue requirements and revenue sufficiency and said that the current water revenues at existing rates are insufficient to meet the annual expenditures. He recommended an adjustment in rates of 4.6% per year.

In terms of the water rate structure, there is a fixed charge based on meter size and the rates are different for incorporated vs. unincorporated customers. Fixed charges have not changed for five years and generate 12% of the rate revenue; this plan recommends 20% by the end of the ten year period. He showed rates with the recommended increase for a typical resident and compared them to other communities. The Village is below the average rates for other communities.

In response to Commissioner Kulovany, Mr. Hyder confirmed that the rates are in today's dollars.

Commissioner Kulovany asked if the replacement schedule is sufficient.

Mr. Hyder said that although he does not know how the pipes will perform, the numbers are solid.

Commissioner Kulovany asked about the reduced usage and whether it was to save money or because it is the right thing to do.

Mr. Hyder said it is due to fixture change outs. He said typical water usage in the US is 67 gallons per day; in Europe it is 34 gallons per day.

Commissioner Kulovany asked if we are solving a problem we no longer have in terms of alternate day outside watering restrictions.

Mr. Hyder replied that he does not have enough information to answer this.

Commissioner Hosé said he thought it was good that Mr. Hyder was involved in other projects. He noted that this is a big part of your Village taking care of the infrastructure. He thanked staff for taking advantage of the IEPA loan program. Regarding the supply issue, he doesn't think we should make changes due to fluctuation.

Mayor Barnett asked if there are benchmarks with respect to debt management and the debt load.

Mr. Hyder spoke of key performance indicators. It is recommended that no more than 30% of revenue be for debt. He said the Village is no way nearing that.

Mayor Barnett asked about the comparison rates and asked if we should be more aggressive.

Mr. Hyder said 50% of costs are fixed. He advised staff to continue to monitor this and to pay attention to a steep decline in water usage.

Mr. Fieldman thanked Mr. Hyder and his team for the report and presentation.

MOT 2019-8310 - C. Motion: Award $1,169,500.00 to V3 Construction Group, Woodridge, Illinois, for the St. Joseph Creek Restoration Design-Build

Nan Newlon, Director, Public Works, said this and the next two items will be presented together. This concerns the St. Joseph Creek restoration project. It includes a design-build contract and intergovernmental agreements with DuPage County and the Illinois Environmental Protection Agency (IEPA). She showed the location which is from Main Street to Fairmount Avenue. A study of the Creek between Fairmount Avenue and Main Street was performed in 2016. The results identified areas for improved flow, erosion control, and small-scale storage on Village-owned parcels. To improve the water quality of the Creek, the Village is proposing stream channel restoration, stream channel stabilization, wetland restoration, permanent vegetative cover, rock outlet protection and tree plantings. The improvements are planned to work together.

Staff recommends awarding the contract for the design-build to V3 Construction Group in the amount of $1,169,500.00.

With respect to the intergovernmental agreement with DuPage County, a water quality grant was submitted to DuPage County to assist in the construction costs of the proposed improvements. The County will reimburse the Village 15% of the total project construction costs, with a maximum amount of $74,278.50. The intergovernmental agreement with the IEPA provides for reimbursement to the Village of 60% of the total estimated project construction costs, with a maximum amount of $345,942.00.

Ms. Newlon said the design and permitting is anticipated to occur in 2019 and construction in 2020.

Commissioner Sadowski-Fugitt thanked staff for answering her questions and for the level of detail.

RES 2019-8248 - D. Resolution: Approve an Intergovernmental Agreement with DuPage County for the St. Joseph Creek Restoration Project from Main Street to Fairmount Avenue

RES 2019-8308 - E. Resolution: Authorize an Intergovernmental Agreement with the State of Illinois Environmental Protection Agency for the St. Joseph Creek Restoration Project

8. Attorney's Report

1. Pursuant to Section 2.5 of the Downers Grove Municipal Code, the following are presented for Village Council consideration: An ordinance approving a redevelopment agreement with Downers Grove Township

9. Council Member Reports

Commissioner Kulovany said a restoration contractor will speak regarding "This Old New House" on September 24 at Gatto's beginning at 6:30 p.m.

Commissioner Earl announced that Friends of the Edwards House Historic Home Tour will be held this weekend, September 14. Tickets are still available.

Mayor Barnett responded to comments made at last week's meeting regarding the dead tree on private property on Blanchard Avenue. The Village has the right to enact an ordinance requiring the removal of deal trees on private property. The impact on code enforcement efforts of enacting such an ordinance is difficult to predict at this time. Creating a new ordinance is never a quick process as there are typically multiple elements of Village code to consider including elements such as definitions, rules, violation penalties, remedy processes and Village resource consumption. The Council has been provided additional update information regarding other code enforcement issues related to this property. At this point, if the Council would like to pursue this type of ordinance, it is recommended that it be discussed during the Long Range Plan discussion of Priority Action Items, which is scheduled for consideration later this month.

With regard to property maintenance issues at Speedway at 898 Ogden, Mayor Barnett said staff is currently working with the property owner on two complaints - overgrown landscaping and a fence in disrepair. The Speedway district manager has been involved and the owner has a landscaping contractor involved as well who was included in a meeting with staff. Since early August there have been three site visits by Village staff resulting in the owner agreeing to remove all landscaping material along the fence by September 20 and this work started late last week, as well as address any fence issues in a timely manner once the landscaping material is removed. Mayor Barnett said staff will continue to work with the property owner to make sure the issues are addressed to the satisfaction of existing ordinance requirements.

Mayor Barnett called for a recess after which discussion on the 2019-2021 Long Range Place will take place.

10. Manager's Report - Committee Room

INF 2019-8271 - A. Information 2019-2021 Long Range Plan

Mayor Barnett reconvened the meeting at 8:55 p.m.

Mr. Fieldman reviewed the Long Range Plan schedule and its four components: Strategic Goals, Issues, Strategies and Solutions, and Priority Action Items. They have had three long range planning meetings, and this is meeting number four. Tonight the schedule calls for a discussion on the Stormwater Capital Plan.

This is a good news issue. We have worked through our current capital plan, projects identified in the 2014 Stormwater Analysis (SPA) and all projects will be completed by the end of next year except for three major floodplain projects. There are many areas in the Village that still lack adequate stormwater infrastructure. The strategy and solution is to create a new capital plan by Q3 of 2020 to guide projects in 2021-2026 and beyond.

Mr. Fieldman said he is looking for very straightforward Village Council direction tonight in terms of whether the Village should continue with the next steps in the Stormwater Capital Plan update. If not, he asked for an explanation of why not and what should be changed.

The Stormwater Capital Plan is part of a broader plan, the Stormwater Utility Plan. There are four components: 1.) Establishment of a recommended level of service - create or maintain a stormwater system that safely conveys and stores runoff in 95% of rain storms. 2.) Financial Plan - increase revenue from $3.6 million to $11.4 million by the last year of our plan, 2029; increase stormwater utility fees by 8.7% per year; issue $10 million in bonds every few years and maintain an annual debt service payment of $1.1 million per year 3.) Operations and Maintenance Plan - increase the maintenance activities to 100% of the recommended level by 2029, spend $5 million by 2029 4.) Capital Plan - invest $4-6 million, prepare and implement project plans: WIIP (2007-2015) and SPA (2014-2020).

These plans have led to significant and meaningful investments and improvements in the community. Since 2008, we have completed 78 projects, for a cost of $38 million. These projects are working as designed to significantly improve stormwater management throughout the Village. A map showing the projects was displayed. The map showed completed projects throughout the Village. Mr. Fieldman then introduced Public Works Director Nan Newlon to share a success story on one of these projects.

Ms. Newlon presented the completed project at 2^nd and Cumnor. Ms. Newlon showed a graphic of the project. This is by Pepperidge Farms and had a history of flooding in small rain events; five houses in that area had structural flooding. The Village purchased those properties and added a naturalized basin and storage. We partnered with the Park District on this project. Ms. Newlon said one of the most dramatic impacts has been that in modest rains staff no longer has to pump out water in in this area. The Village has provided benefits through buyouts and less flooding.

Mr. Fieldman noted more work is needed on the next iteration of the Capital Projects Plan. Work is underway on this. Mr. Fieldman noted a past discussion about a County study of the St. Joe's Creek watershed area, focusing on floodplain projects. This should be completed in 2020. We are proposing the next steps to use the results of this analysis to identify underserved areas of the Village and prioritize projects, prepare preliminary costs estimates, and develop a general construction schedule that is aligned with the Stormwater Utility Plan.

Mr. Fieldman then asked Council if we should continue with our next steps in the Stormwater Capital Plan.

Mayor Barnett noted these are long range plans, they take time to accomplish, coordinate and prioritize. We are doing a really good job. The net effect has been to lower flooding. Mayor Barnett said we should continue with the plan and asked for Council feedback.

Commissioner Earl said she is good with continuing the plan. She is uncomfortable with the 8.7% increase in stormwater utility fees but we have no choice. She said this process has served us well before. There are still needs. She said she would like to change the cost share program. There has been a lot of positive feedback on this program. She'd be willing to increase this program.

Mr. Fieldman said in the past when the cost share program has been increased the response has been positive and there have been more improvements. This will be in the 2020 budget.

Commissioner Gray said for him this has been the most complex issue since he's been on the Council. He is in support of continuing the plan. He appreciated all of the information sent to him on this issue.

Commissioner Kulovany said he thinks they should continue the plan and agreed with Commissioner Earl's comments on increasing the cost-sharing program. He noted he attended many meetings of the Stormwater and Floodplain Oversight Committee. The professional contractors at these meetings felt larger conveyances are needed. He grew up in this neighborhood by a pond. This was put in by nature. In the 1950s and 1960s this was filled in. The Pepperidge Farm parking lot used to be a wetland. When this was paved over, flooding in the neighborhood became worse. We need to pay attention to what nature gives us.

Commissioner Sadowski-Fugitt said she thinks they should continue with the next steps and capital projects. As the analysis is completed, we will see areas in need of improvement. She is in support of changes to the cost-share program. She has spoken to residents who have valued this cost-share pr