Minutes Archive

December 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 commented that the 5:30 p.m. holiday mosaic concert at North High School was fantastic. Another concert was to be given at 8:00 p.m. and he urged people to attend.

2. Roll Call

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

Absent: Commissioner Walus

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 2019-8433 - A. Minutes: Council Minutes - December 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.

1. Preston Straub, Village Square III Condominium Association, said he presented materials to the Council last week. He asked as to the status of his request.

Mayor Barnett said his materials were received and a letter was sent out last week. He said the Council does not intend to get into this matter until it has been through the Courts.

Mr. Straub said he thinks the Council is passing the buck and he was expecting this. He said the Council is being unfair and has not followed its own rules.

Mayor Barnett said when a matter gets to the Courts, they want to finish that process.

Mr. Straub asked how things are resolved before they escalate to the Courts.

Mayor Barnett said for many things there are processes. It is our intention to avoid going to Court. We got to this point because the Village felt proper procedures were followed. Processes are intended to avoid going to Court.

Mr. Straub said the process was arbitrary and it should not have been followed.

2. Rose Kraft, Oak Tree Towers, said she exposed a theft ring six years ago. She has been doing her job, but the Police have not.

Mayor Barnett said he believes the Police have been doing their jobs.

Ms. Kraft then asked about AT&T and pollution.

The Mayor said he does not know about this issue.

Ms. Kraft said she wasn't sick until she moved here, as was another woman. Toxic air is in their building. Trees and bushes are dying, as are other people.

Mayor Barnett asked Ms. Kraft to give her information to Mike Baker, Deputy Village Manager.

3. David Rose spoke regarding environmental sustainability and distributed a handout to the Council. He noted that the Environmental Concerns Commission (ECC) meeting on Thursday is to discuss the fate of the ECC. He said the handout discusses the key question as to whether economic growth is bound by environmental limits for those claiming an objective of environmental sustainability. There are two schools of thought. One says yes there are limits to growth, and one says no, there are no limits to growth. We don't have a systematic solution to a systematic problem. We have a huge problem where the world is in 2019. In spite of a lack of evidence that the no limits assumption is correct and a growing body of evidence that the limits assumption is correct, momentum to continue pursuing growth feels overwhelming. He said he wanted to emphasize that pursing growth when there are limits to growth equals mutual assured destruction (MADness). We don't recognize the MADness we are about. We imagine that by pursuing growth we are solving problems. He hopes this will help the Council understand were we are. Downers Grove has pursued growth. This doesn't solve things. He said he hopes the Council keeps the ECC doing something because of the urgency we face in the world today.

5. Consent Agenda

BIL 2019-8443 - A. Bills Payable: No. 6496, December 10, 2019

MOT 2019-8408 - B. Motion: Authorize a Three-Year Contract to Thompson Elevator Inspection Services, Inc., in the Amount of $34,000 for Elevator Inspection, Testing, Plan Review, and Variance Review Services

Summary: This authorizes a three-year contract with Thompson Elevator Inspection Services, Inc., for elevator inspection, testing, plan review and variance review services in the amount of $34,000.00

MOT 2019-8339 - C. Motion: Issue the 2020 Class A Scavenger License to Allied Waste Services of North America, LLC

Summary: This authorizes issuance of a 2020 Class A Scavenger License to Allied Waste Services of North America, LLC

MOT 2019-8409 - D. Motion: Authorize a Contract to Suburban Laboratories, Geneva, Illinois, in the Amount of $15,674 for Laboratory Services for Drinking Water Testing

Summary: This authorizes a contract for laboratory services for drinking water testing with Suburban Laboratories of Geneva, IL, in the amount of $15,674 as a sole source supplier.

RES 2019-8419 - E. Resolution: Authorize a Second Extension to the Contract with Robinson Engineering, Ltd.

Summary: This authorizes an extension to a contract for one year for stormwater related development review services with Robinson Engineering, Ltd. in a not-to-exceed amount of $70,000.

A RESOLUTION AUTHORIZING A SECOND EXTENSION TO THE CONTRACT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ROBINSON ENGINEERING, LTD.

RESOLUTION 2019-91

RES 2019-8418 - F. Resolution: Authorize an Extension to the Contract with Engineering Resource Associates

Summary: This authorizes an extension to a contract for stormwater related development review services with Engineering Resources Associates (ERA) in a not-to-exceed amount of $70,000.

A RESOLUTION AUTHORIZING EXECUTION OF A SECOND EXTENSION TO THE CONTRACT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ENGINEERING RESOURCE ASSOCIATES

RESOLUTION 2019-92

MOT 2019-8410 - G. Motion: Authorize $1,376,811.35 for Five 2020 Ford Police Interceptor Utility Hybrids, One Bobcat S740 Skid-Steer Loader, One Stepp SPHD Asphalt Patching Trailer, One 2020 Ford Expedition, One 2020 Ford Escape Hybrid, One Ford F-450, Four 2021 Peterbilt 348 Snow Plow Trucks and One 2020 Chrysler Pacifica Minivan

Summary: A motion is requested to authorize the purchase of the following replacement vehicles:

Five 2020 Ford Police Interceptor Utility hybrids from Currie Motors of Frankfort, IL, in the amount of $250,042
One Bobcat S740 T4 skid-steer loader from Atlas Bobcat of Elk Grove Village, IL in the amount of $65,923
One Stepp SPHD asphalt patching trailer from Bonnell Industries Inc. of Dixon, IL, in the amount of $37,125.50
One 2020 Ford Expedition from Kunes Country Ford of Antioch IL, in the total amount of $42,108
One 2020 Ford Escape hybrid from Currie Motors of Frankfort, IL, in the amount of $28,518
One 2020 Ford F-450 with Sauber Service Body Package, from Currie Motors of Frankfort IL, in the amount of $130,038
Four 2021 Peterbilt 348 snow plow trucks from JX Peterbilt of Bolingbrook, IL, in the amount of $787,816.85
One 2020 Chrysler Pacifica minivan from National Auto Fleet Group of Watsonville, CA, in the amount of $35,240

RES 2019-8431 - H. Resolution: Amend the Downers Grove Compensation Plan by Adopting a Revised Plan Effective May 1, 2020

Summary: This amends the Downers Grove compensation plan effective May 1, 2020.

A RESOLUTION AMENDING THE DOWNERS GROVE COMPENSATION PLAN BY ADOPTING A REVISED PLAN EFFECTIVE MAY 1, 2020

RESOLUTION 2019-93

MIN 2019-8444 - I. Minutes: Note Receipt of Minutes of Boards and Commissions

Architectural Design Review Board - September 18, 2019; Plan Commission - November 4, 2019; Liquor Commission - November 7, 2019

Motion: Commissioner Hosé moved to approve the Consent Agenda as presented. Commissioner Sadowski-Fugitt seconded the motion.

Commissioner Gray noted there was a question last week from a resident regarding the vehicle purchases. Commissioner Gray discussed efficiency drop off and payoffs in cost savings in terms of fuel and annual repairs.

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

Nay: None

Mayor Barnett declared the motion carried.

6. Active Agenda

RES 2019-8407 - A. Resolution: Grant Historic Landmark Designation for 5329 Meadow Lane

Summary: This grants historic landmark designation for 5329 Meadow Lane.

A RESOLUTION GRANTING HISTORIC LANDMARK DESIGNATION FOR 5329 MEADOW LANE

RESOLUTION 2019-94

Motion: Commissioner Hosé moved to adopt "A Resolution Granting Historic Landmark Designation for 5329 Meadow Lane," as presented. Commissioner Earl seconded the motion.

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

Nay: None

Mayor Barnett declared the motion carried.

Mayor Barnett presented a certificate to the Mochels and the Trucanos. The Mayor noted that the Village has a landmark preservation program whereby protections are provided to historic structures to preserve our heritage for years to come.

ORD 2019-8390 - B. Ordinance: Amend the 2020 Stormwater Utility Rate

Summary: This amends the Municipal Code regarding stormwater utility fees effective January 1, 2020.

AN ORDINANCE AMENDING THE 2020 STORMWATER UTILITY RATE

ORDINANCE NO. 5784

Motion: Commissioner Hosé moved to adopt "An Ordinance Amending the 2020 Stormwater Utility Rate," as presented. Commissioner Earl seconded the motion.

Commissioner Hosé said this is in keeping with our goal to better maintain and expand our stormwater infrastructure pursuant to a long-term plan.

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

Nay: None

Mayor Barnett declared the motion carried.

ORD 2019-8399 - C. Ordinance: Amend the Rates Charged for Water

Summary: This amends the Municipal Code regarding the rates charged for water.

AN ORDINANCE AMENDING THE RATES CHARGED FOR WATER

ORDINANCE NO. 5785

Motion: Commissioner Hosé moved to adopt "An Ordinance Amending the Rates Charged for Water," as presented. Commissioner Earl seconded the motion.

Mr. Straub asked if the rates are increasing.

Village Manager Dave Fieldman said the rates are increasing 4.6% based on a comprehensive study that looked at all aspects of the water program.

Mayor Barnett said many of the increases are based on studies that are three to ten years old and evaluated annually.

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

Nay: None

Mayor Barnett declared the motion carried.

ORD 2019-8366 - D. Ordinance: 2019 Aggregate Tax Levy

Summary: This will establish the 2019 Downers Grove Tax Levy in the amount of $24,303,399.76 for the Village of Downers Grove and $5,497,919 for the Library.

2019 AGGREGATE TAX LEVY ORDINANCE

ORDINANCE NO. 5786

Motion: Commissioner Hosé moved to adopt the "2019 Aggregate Tax Levy Ordinance," as presented. Commissioner Earl seconded the motion.

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

Nay: None

Mayor Barnett declared the motion carried.

ORD 2019-8367 - E. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Service Area)

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

AN ORDINANCE FOR THE LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2019 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER 2019 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #2 (DOWNERS GROVE DOWNTOWN SERVICE AREA)

ORDINANCE NO. 5787

Motion: Commissioner Hosé moved to adopt "An Ordinance Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Service Area)," as presented. Commissioner Earl seconded the motion.

Commissioner Earl noted that property taxes are paid in arrears. This is not part of the 2020 budget.

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

Nay: None

Mayor Barnett declared the motion carried.

ORD 2019-8370 - F. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #6 (Fairview Fire Protection District)

Summary: This will establish the tax levy for the Special Service Area #6 in the amount of $95,267.00.

ORDINANCE NO. 5788

Motion: Commissioner Hosé moved to adopt "An Ordinance Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #6 (Fairview Fire Protection District)," as presented. Commissioner Earl seconded the motion.

Mayor Barnett noted that this Special Service Area is served by Downers Grove but it is not in the Village limits.

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

Nay: None

Mayor Barnett declared the motion carried.

Motion to Adopt Ordinances ORD 2019-8368 and ORD 2019-8369 and ORD 2019-8371 through ORD 2019-8374 (Active Agenda Items G-L)

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

Motion: Commissioner Hosé 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 2019 and Ending on the Thirty-First Day of December 2019," as presented. Commissioner Earl seconded the motion.

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

Nay: None

Mayor Barnett declared the motion carried.

ORD 2019-8368 - G. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #4 (Green Acres Subdivision)

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

ORDINANCE NO. 5789

ORD 2019-8369 - H. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #5 (Atwood Subdivision)

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

ORDINANCE NO. 5790

ORD 2019-8371 - I. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #7 (Dunham Subdivision)

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

ORDINANCE NO. 5791

ORD 2019-8372 - J. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #8 (Nelson Meadow Subdivision)

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

ORDINANCE NO. 5792

ORD 2019-8373 - K. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #9 (35^th and Saratoga Subdivision)

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

ORDINANCE NO. 5793

ORD 2019-8374 - L. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January 2019 and Ending on the Thirty-First Day of December 2019 for the Village of Downers Grove Special Service Area #10 (Bridgepoint Downers Grove Subdivision)

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

ORDINANCE NO. 5794

Motion to Adopt Ordinances ORD 2019-8375 through ORD 2019-8382 and ORD 2019-8471 (Active Agenda Items M-T)

Summary: This will abate certain 2019 tax levies. The total amount to be abated is $9,674,935.76. This amount can be abated since other sources of revenue are available to pay these debt service obligations.

Motion: Commissioner Hosé moved to adopt "Ordinances Abating a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2010, 2010B, 2012, 2019 and Refunding Bonds Series 2014, 2015, 2016, 2017," as presented. Commissioner Earl seconded the motion.

Mayor Barnett referred residents to last week's presentation by Deputy Village Manager Mike Baker for a better understanding of abatements.

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

Nay: None

Mayor Barnett declared the motion carried.

ORD 2019-8375 - M. Ordinance: Abate a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2010

Summary: This abates a portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2010. This can be abated since other sources of revenue are available to pay this debt service obligation.

AN ORDINANCE ABATING A PORTION OF THE 2019 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2010

ORDINANCE NO. 5795

ORD 2019-8376 - N. Ordinance: Abate a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2010B

Summary: This abates a portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2010B. This can be abated since other sources of revenue are available to pay this debt service obligation.

AN ORDINANCE ABATING A PORTION OF THE 2019 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2010B

ORDINANCE NO. 5796

ORD 2019-8377 - O. Ordinance: Abate a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2012

Summary: This abates a portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2012. This can be abated since other sources of revenue are available to pay this debt service obligation.

AN ORDINANCE ABATING A PORTION OF THE 2019 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2012

ORDINANCE NO. 5797

ORD 2019-8379 - P. Ordinance: Abate a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2014

Summary: This abates a portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2014. This can be abated since other sources of revenue are available to pay this debt service obligation.

AN ORDINANCE ABATING A PORTION OF THE 2019 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2014

ORDINANCE NO. 5798

ORD 2019-8380 - Q. Ordinance: Abate a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2015

Summary: This abates a portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2015. This can be abated since other sources of revenue are available to pay this debt service obligation.

AN ORDINANCE ABATING A PORTION OF THE 2019 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2015

ORDINANCE NO. 5799

ORD 2019-8381 - R. Ordinance: Abate a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2016

Summary: This abates a portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2016. This can be abated since other sources of revenue are available to pay this debt service obligation.

AN ORDINANCE ABATING A PORTION OF THE 2019 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2016

ORDINANCE NO. 5800

ORD 2019-8382 - S. Ordinance: Abate a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2017

Summary: This abates a portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2017. This can be abated since other sources of revenue are available to pay this debt service obligation.

AN ORDINANCE ABATING A PORTION OF THE 2019 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2017

ORDINANCE NO. 5801

ORD 2019-8417 - T. Ordinance: Abate a Portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2019

Summary: This abates a portion of the 2019 Tax Levy Related to the General Obligation Bonds, Series 2019. This can be abated since other sources of revenue are available to pay this debt service obligation.

AN ORDINANCE ABATING A PORTION OF THE 2019 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2019

ORDINANCE NO. 5802

7. First Reading

ORD 2019-8392 - A. Ordinance: Amend Chapter 15 of the Municipal Code

Village Attorney Enza Petrarca said the Illinois Cannabis Regulation and Tax Act becomes effective January 1, 2020, and amendments need to be made to Chapter 15 of the Municipal Code to be compliant with State law. The Act makes it legal to purchase and possess certain quantities of cannabis. It also sets forth specific restrictions regarding the consumption of cannabis. The proposed ordinance incorporates the provisions of the Act and also sets forth specific penalty provisions.

Ms. Petrarca said Chapter 15 has been further amended by minor housekeeping changes.

ORD 2019-8391 - B. Ordinance: Amend Zoning Ordinance Provisions

Stan Popovich, Director, Community Development, said various sections of the Zoning Ordinance need to be amended related to Adult Use Cannabis Business Establishments and to update and clarify other sections of the Zoning Ordinance. The Village Council approved amendments to Chapter 8 of the Municipal Code on October 8, which effectively prohibited adult use cannabis business establishments. The proposed Zoning Ordinance amendments are intended to ensure consistency between Chapter 28 and Chapter 8.

Amendments are also being made to update and clarify various sections of the Zoning Ordinance regarding solar panels, antennas, parking, fencing, and pre-application meetings.

Mr. Popovich