Minutes Archive

December 01, 2020

Due to the COVID-19 pandemic, Public comment will be taken electronically. To submit a comment electronically, please click on the "Submit Public Comment" link on the Current Week's Meeting page of the Village website any time before or during the meeting. Thank you.

1. Call to Order

Mayor Robert Barnett noted most of the Council members would be operating by conference call from their homes. Village Manager Dave Fieldman, Deputy Village Manager Mike Baker, Village Attorney Enza Petrarca, Village Clerk Megan Miles, Community Development Director Stan Popovich, Doug Kozlowski and Rosa Berardi are in the Committee Room.

Mayor Barnett called to order the Village Council meeting at 7:00 p.m. and led those in the room in the Pledge of Allegiance to the Flag. He explained the protocol for the meeting and the guidelines to submit public comment.

2. Roll Call

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

Absent: None

Non-Voting: Village Manager David Fieldman, Village Attorney Enza Petrarca, Village Clerk Megan Miles, Administrative Secretary II Rosa Berardi

MOT 2020-8757 - A. Motion: Conduct the December 01, 2020 Village Council meeting electronically.

Motion: Commissioner Hosé to conduct the December 01, 2020 Village Council meeting electronically. Commissioner Earl seconded the motion.

Votes: Yea: Commissioner Hosé, Commissioner Earl, Commissioner Gray, Commissioner Kulovany, Commissioner Sadowski-Fugitt, Commissioner Walus, Mayor Barnett

Nay: None

Mayor Barnett declared the motion carried.

3. Minutes of Council Meetings

MIN 2020-8772 - A. Minutes: Council Minutes - November 17, 2020

Motion: Commissioner Hosé moved that the Council adopt the minutes of the November 10, 2020 meeting, as presented. Commissioner Earl seconded the motion.

Votes: Yea: Commissioner Hosé, Commissioner Earl, Commissioner Gray, Commissioner Kulovany, Commissioner Sadowski-Fugitt, Commissioner Walus, Mayor Barnett

Nay: None

Council Minutes Village of Downers Grove December 01, 2020 Mayor Barnett declared the motion carried.

4. Public Hearings

PUB 2020-8706 - A. Public Hearing: 2020 Aggregate Tax Levy and Abatements for the Village of Downers Grove

Mayor Barnett called the public hearing to order and summarized the procedure for the public hearing.

Deputy Village Manager Mike Baker summarized the break-out of the property tax bill reflecting the various taxing bodies, reminding Council that the village represents just under 10% of the typical property tax bill. He referenced a table reflecting the five components of the village's property tax levy for 2020 levy versus the 2019 levy. He noted the increases that were reflected in the police and fire pension funds, as required by statute. Per Baker, this translated to a property with a market value of $350,000 to pay in property taxes for 2021 approximately $705.45 as compared to $653.80 in 2020.

Mayor Barnett asked commissioners if there were any questions. None followed. Mayor Barnett declared the public hearing adjourned at 7:09 a.m.

5. Consent Agenda

COR 2020-8767 - A. Claims Ordinance: No. 6387 - Payroll, November 20, 2020

BIL 2020-8766- B. Bills Payable: No. 6562 - December 01, 2020

MOT 2020-8723 - C. Motion: Authorize the Purchase and Renewal of General Liability, Property, Excess Liability, Professional Liability and Workers Compensation Insurance Coverages

Summary: This authorizes the purchase and renewal of general liability, property, excess liability, professional liability and workers compensation insurance coverages

RES 2020-8724 - D. Resolution: Authorize an Agreement with Owens Group

Summary: This authorizes an agreement with the Owens Group

A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE OWENS GROUP RESOLUTION 2020-61

RES 2020-8764 - E. Resolution: Appoint Rosa Berardi as Village Clerk for the Village of Downers Grove

Summary: This appoints Rosa Berardi as Village Clerk for the Village of Downers Grove

A RESOLUTION APPOINTING ROSA BERARDI AS VILLAGE CLERK FOR THE VILLAGE OF DOWNERS GROVE

RESOLUTION 2020-62

 

RES 2020-8765 - F. Resolution: Appoint Megan Miles and Emily Tompkins as Deputy Village Clerks for the Village of Downers Grove

Summary: This appoints Megan Miles and Emily Tompkins as Deputy Village Clerks for the Village of Downers Grove

Council Minutes Village of Downers Grove December 01, 2020

A RESOLUTION APPOINTING MEGAN MILES AND EMILY TOMPKINS AS DEPUTY VILLAGE CLERKS FOR THE VILLAGE OF DOWNERS GROVE

RESOLUTION 2020-63

 

RES 2020-8773 - G. Resolution: Authorize a Settlement Agreement and Release with Ronald West

Summary: This authorizes a settlement agreement and release with Ronald West

A RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT AND RELEASE WITH RONALD WEST

RESOLUTION 2020-64

 

MIN 2020-8756 - H. Minutes: Note Receipt of Minutes of Boards and Commissions

Summary: Plan Commission - October 26, 2020; Library Board of Trustees - October 28, 2020; Plan Commission - November 2, 2020

Motion: Commissioner Hosé moved that the Council adopt the Consent Agenda, as presented. Commissioner Earl seconded the motion. Commissioner Earl thanked Rosa Berardi for stepping as Village Clerk and thanked Megan Miles for her work as prior Clerk. Commissioner Kulovany echoed same.

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

Mayor Barnett declared the motion carried.

6. Active Agenda

ORD 2020-8712 - A. Ordinance: Amend Certain Traffic Control Provisions

Summary: This amend certain traffic control provisions

AN ORDINANCE AMENDING CERTAIN TRAFFIC CONTROL PROVISIONS ORDINANCE 5830

Motion: Commissioner Hosé moved that the Council adopt "An ordinance amending certain traffic control provisions", as presented. Commissioner Earl seconded the motion. No discussion followed.

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

Mayor Barnett declared the motion carried.

 

MOT 2020-8708 - B. Motion: Estimate the 2020 Aggregate Tax Levy for the Village of Downers Grove

Motion: Commissioner Hosé made a motion to find and determine that the Aggregate Levy for the Village of Downers Grove, as defined in the Illinois Truth and Taxation Law estimated to be necessary to be raised by taxation for 2020 upon the taxable property in Downers Grove is $26,074,836.30. This amount is based upon an Council Minutes Village of Downers Grove December 01, 2020

estimated levy of $4,058,169.00 for corporate and police; $2,935,500.00 for fire; $4,011,185.00 for police pension; $4,785,434.00 for fire pension; $5,553,474.00 for library operating; $1,215,400 for capital projects 2012 Series Debt Service; $788,075.00 for Refunding Bonds 2014 Series Debt Service; $518,450.00 for Refunding Bonds 2015 Series Debt Service; $745,900.00 for Refunding Bonds 2016 Series Debt Service; $486,600.00 for Stormwater Bonds 2019 Series Debt Service and $621,958.30 for Refunding Bonds 2020 Series Debt Services.

The estimated levy for Special Service Area No. 2 CBD Special Service Area is $247,000 and the estimated levy for Special Service Area No. 6, Fairview Fire Protection District Special Service Area, is $107,691.00. The estimated levy is $0.00 for the following special service areas: Area 4, Green Acres; Area 5, Atwood; Area 7, Dunham Subdivision; Area 8, Nelson Meadows Subdivision; Area 9, 35th and Saratoga Subdivision; and Area 10, Bridgepoint Downers Grove Subdivision. A public hearing will be held on these proposed levies on December 1, 2020 at 7:00 p.m. in Village Council Chambers. The adoptions of the proposed levies will be held on

December 8, 2020 at 7:00 p.m. in the Village Council Chambers. Staff is also directed to prepare ordinances to abate certain 2020 tax levies.

Commissioner Earl seconded the motion.

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

Mayor Barnett declared the motion carried.

 

ORD 2020-8707 - C. Ordinance: Adopt the Fiscal Year 2021 Budget in Lieu of Passage of an Appropriation Ordinance

Summary: This adopts the Fiscal Year 2021 Budget in lieu of passage of an appropriation

AN ORDINANCE ADOPTING THE FISCAL YEAR 2021 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION

ORDINANCE 5831

Motion: Commissioner Hosé moved that the Council adopt "An ordinance adopting the fiscal year 2021 budget in lieu of passage of an appropriation ordinance", as presented. Commissioner Earl seconded the motion.

None: Aye: Commissioners Hosé, Earl, Gray, Kulovany, Sadowski-Fugitt, Walus, Mayor Barnett Nay: None

Mayor Barnett declared the motion carried.

7. First Reading

Village Manger Fieldman noted that Agenda Items D through R were presented/discussed twice (see above) and those items would not be presented again tonight.

ORD 2020-8722 - A. Ordinance: Amend Zoning Ordinance Provisions concerning Adult Use of Cannabis Establishments

Development Director Stan Popovich, explained Items A, B and C pertained to cannabis. Specifically, adult use cannabis had six business establishments: craft grower, cultivation center, dispensing organization, infuser, processing, and transporting. Medical use cannabis has a cultivation center and a dispensing organization.

Mr. Popovich reviewed the current zoning criteria for medical cannabis uses within the village (special use), Council Minutes Village of Downers Grove December 01, 2020 explaining that the proposed text amendments in the zoning ordinance were seeking cohesion between the adult use and medical use so that one set of regulations did not differ from the other. The proposal was to allow adult use and medical cannabis use businesses in the M-1 and M-2 zoning district as special uses. Details of the various stipulations followed. A parking plan will need to be submitted to the development director due to the immediate influx of vehicles arriving at new establishments for dispensary and craft grower uses. Potential sites were shown on the overhead. The Plan Commission reviewed the proposed text amendment at their November 2, 2020 and recommended approval.

ORD 2020-8727 - B. Ordinance: Amend the Downers Grove Municipal Code by the Addition of Chapter 21, Article XIII imposing a Municipal Cannabis Retailers' Occupation Tax

Per Director Popovich, the Village was proposing a 3% in gross receipts, effective July 1, 2021.

ORD 2020-8728 - C. Ordinance: Repeal Provisions concerning Adult Use Cannabis Business Establishments

Per Director Popovich, the Chapter 8 revisions in the ordinance would remove the prohibition on adult use cannabis establishments that was previously established in Chapter 8. The definitions would then be relocated from Chapter 8 into Chapter 28.

Commissioner Earl asked for clarification on the special use requirements for adult use dispensing organizations wherein Village Manager Fieldman reconfirmed that all of the cannabis-based businesses would require a special use and the limitation, as written in the draft ordinance, would apply only to adult use dispensing and medical cannabis dispensing, for a total of three permits. Further clarification followed as well as clarification of the craft growers which could have some retail presence in the front of a business while growing in the rear of a business. A permit would be required for the retail portion and would count as one of the three.

Commissioner Earl asked staff if it had proposed regulations to address fumes/orders for such businesses; wherein Director Popovich indicated there was none specific to tonight's proposal. However, there were regulations to address it under General Nuisance/Odors/Noise Restrictions under the village's current ordinance that could be used. Discussion followed that such issues should be addressed now and not after the fact. (Director Fieldman offered to distribute the performance requirements for all businesses in the M Districts to the commissioners.) Commissioner Kulovany said his prior concerns were satisfied, the cost of regulating, monitoring and enforcing, as done in other communities, was being covered by the overhead, and the uses were becoming more mainstream. The tax revenue amount was actually much larger than originally expected.

ORD 2020-8733 - D. Ordinance: 2020 Aggregate Tax Levy

ORD 2020-8734 - E. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2020 and ending on the Thirty-First Day of December 2020 for the Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Service Area)

ORD 2020-8735 - F. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2020 and ending on the Thirty-First Day of December 2020 for the Village of Downers Grove Special Service Area #4 (Green Acres Subdivision)

ORD 2020-8736 - G. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2020 and ending on the Thirty-First Day of December 2020 for the Village of Downers Grove Special Service Area #5 (Atwood Subdivision)

ORD 2020-8737 - H. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2020 and ending on the Thirty-First Day of December 2020 for the Village of Downers Grove Special Service Area #6 (Fairview Fire Protection District)

ORD 2020-8738 - I. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2020 and ending on the Thirty-First Day of December 2020 for the Village of Downers Grove Special Service Area #7(Dunham Subdivision) Council Minutes Village of Downers Grove December 01, 2020

ORD 2020-8739 - J. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2020 and ending on the Thirty-First Day of December 2020 for the Village of Downers Grove Special Service Area #8(Nelson Meadow Subdivision)

ORD 2020-8740 - K. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2020 and ending on the Thirty-First Day of December 2020 for the Village of Downers Grove Special Service Area #9 (35th & Saratoga Subdivision)

ORD 2020-8741 - L. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First day of January 2020 and ending on the Thirty-First Day of December 2020 for the Village of Downers Grove Special Service Area #10(Bridgepoint Downers Grove Subdivision)

ORD 2020-8742 - M. Ordinance: Abate a Portion of the 2020 Tax Levy Related to the General Obligation Bonds, Series 2012 ORD 2020-8743 N. Ordinance: Abate a Portion of the 2020 Tax Levy Related to the General Obligation Refunding Bonds, Series 2014

ORD 2020-8744 - O. Ordinance: Abate a Portion of the 2020 Tax Levy Related to the General Obligation Refunding Bonds, Series 2015

ORD 2020-8745 - P. Ordinance: Abate a Portion of the 2020 Tax Levy Related to the General Obligation Refunding Bonds, Series 2016

ORD 2020-8746 - Q. Ordinance: Abate a Portion of the 2020 Tax Levy Related to the General Obligation Bonds, Series 2019

ORD 2020-8747 - R. Ordinance: Abate a Portion of the 2020 Tax Levy Related to the General Obligation Refunding Bonds, Series 2020

8. Public Comments

There were no public comments.

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:

 

  1. An ordinance amending zoning ordinance provisions concerning adult use cannabis establishments
  2. An ordinance amending the Downers Grove Municipal Code by the addition of Chapter 21, Article XIII imposing a municipal cannabis retailers' occupation tax
  3. An ordinance repealing provisions concerning adult use cannabis business establishments
  4. An ordinance adopting the 2020 aggregate tax levy
  5. An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2020 and ending on the thirty-first day of December 2020 for Village of Downers Grove special service Area #2 (Downers Grove Downtown Service Area) Council Minutes Village of Downers Grove December 01, 2020
  6. An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2020 and ending on the thirty-first day of December 2020 for Village of Downers Grove special service Area #4 (Green Acres Subdivision)
  7. An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2020 and ending on the thirty-first day of December 2020 for the Village of Downers Grove special service area #5 (Atwood Subdivision)
  8. An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2020 and ending on the thirty-first day of December 2020 for the Village of Downers Grove special service area #6 (Fairview Fire Protection District)
  9. An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2020 and ending on the thirty-first day of December 2020 for the Village of Downers Grove special service area #7 (Dunham Subdivision)
  10. An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2020 and ending on the thirty-first day of December 2020 for the Village of Downers Grove special service area #8 (Nelson Meadow Subdivision)
  11. An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2020 and ending on the thirty-first day of December 2020 for the Village of Downers Grove special service area #9 (35th & Saratoga Subdivision)
  12. An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2020 and ending on the thirty-first day of December 2020 for the Village of Downers Grove special service area #10 (Bridgepoint Downers Grove Subdivision)
  13. An ordinance abating a portion of the 2020 tax levy related to the general obligation bonds, series 2012
  14. An ordinance abating a portion of the 2020 tax levy related to the general obligation refunding bonds, series 2014
  15. An ordinance abating a portion of the 2020 tax levy related to the general obligation refunding bonds, series 2015
  16. An ordinance abating a portion of the 2020 tax levy related to the general obligation refunding bonds, series 2016
  17. An ordinance abating a portion of the 2020 tax levy related to the general obligation bonds, series 2019
  18. An ordinance abating a portion of the 2020 tax levy related to the general obligation refunding bonds, series 2020.

 

11. Mayor and Council Member Reports

Commissioner Gray thanked those families participating in the celebration of high school seniors graduating at Downers North and South High Schools.

Commissioner Sadowski-Fugitt encouraged the community to adhere to the three "W's".

Commissioner Walus encouraged the community to shop local, noting the Candy Cane Cash Rewards program began as of November 7, 2020.

Council Minutes Village of Downers Grove December 01, 2020

Mayor Barnett offered condolences to the family of Ms. Tonie Harrington, a writer of non-fiction material and a self-published memoir, and someone who worked for the village for 30 years, preparing the minutes for various village meetings.

12. New Business Item

MOT 2020-8771 - A. Motion: Direct Staff to Prepare an Amendment to the Map of the Permitted Food Truck Operating Areas to include the Area Generally Bounded by Rogers Street, Fairview Avenue, Prospect Avenue and the Railroad Tracks.

Motion: Commissioner Kulovany made a motion to direct staff to prepare an Amendment to the Map of the Permitted Food Truck Operating Areas to include the area generally bounded by Rogers Street, Fairview Avenue, Prospect Avenue and the Railroad Tracks. Seconded by Commissioner Hosé.

Village Manger Fieldman summarized that approving the motion would start the process for staff to prepare a first reading on the agenda with additional information to consider the merits of the actual concept. Commissioner Kulovany explained that he would like the two craft breweries in the village to have a level playing field allowing them in a limited area. It will also give patrons the chance to consume their product and allow the village and community to support its local businesses. Details followed.

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

Mayor Barnett declared the motion carried.

13. Adjournment

Mayor Barnett asked for a motion to adjourn the meeting.

Motion: Commissioner Hosé made a motion to adjourn the meeting. Commissioner Earl seconded the motion. Votes: Aye: Commissioners Hosé, Earl, Gray, Kulovany, Sadowski-Fugitt, Walus, Mayor Barnett

Nay: None

Mayor Barnett declared the motion carried and the meeting adjourned at 7:40 p.m.

Respectfully submitted,

Rosa Berardi

Village Clerk

 

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