July 09, 2019

1. Call to Order

Mayor Bob 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 Hosé, Commissioner Earl, Commissioner Sadowski-Fugitt; Commissioner Kulovany; Mayor Barnett

Absent:  Commissioner Walus; Commissioner Gray

Non-Voting:  Village Manager David Fieldman, Village Attorney Enza Petrarca, Village Clerk April Holden

The Council meeting is broadcast live and a recording of the meeting is made using Village-owned equipment. The recording 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 2019-8214 - A. Minutes:  Council Minutes - July 2, 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.   John Schofield, 1125 Jefferson, said he has been a resident of the Village for about 25 years. Mr. Schofield commented about an item on the Consent Agenda to award an engineering contract to close the sidewalk gap on Brookbank, south of Jefferson, which is currently a dirt path. He thanked the Council for acting on this as this has been in discussion for several budgets. He noted there are several references in the proposal to alternatives that might affect three neighbors south of the sidewalk gap. He said he hopes that there is a provision to include those three neighbors thoroughly in the process so they have an opportunity to express their views. Mr. Schofield also noted that there are enough references to poured concrete in the proposal that he wants to be sure that the engineers are allowed to be creative and are encouraged to think outside the box regarding alternatives such as a boardwalk.

5. Consent Agenda

BIL 2019-8253 - A. Bills Payable:  No. 6466, July 9, 2019

MOT 2019-8247  -  B. Motion: Award $50,000.00 to Superior Road Striping, Melrose Park, IL, for 2019 Pavement Striping Maintenance

Summary: This awards a contract to Superior Road Striping in the amount of $50,000.00 for the 2019 pavement striping maintenance.

MOT 2019-8249  -  C. Motion: Award $57,475.00 to Hey and Associates, Inc. for Engineering and Survey Services for Sidewalk Design

Summary: This awards a contract for engineering and survey services for sidewalk design between Jefferson Avenue and Brookbank Road to Hey and Associates, Inc. in the amount of $47,895.00 plus a 20% contingency in the amount of $9,579.00 for a total not-to-exceed of 57,475.00.

RES 2019-8235  -  D. Resolution: Authorize an Agreement with AZ Fitness & Nutrition for Fire Department Physical Fitness Consulting Services

Summary: This authorizes a contract with AZ Fitness & Nutrition for the fire department physical fitness consulting services in the amount of $17,400.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND AZ FITNESS & NUTRITION

RESOLUTION 2019-51

RES 2019-8251  -  E. Resolution: Accept a Grant From and Enter into a Funding Agreement with the Illinois Housing Development Authority

Summary: This authorizes execution of a Program Funding Agreement with the Illinois Housing Development Authority in connection with its Abandon Property Program.

A RESOLUTION AUHORIZING THE VILLAGE OF DOWNERS GROVE TO ACCEPT A GRANT FROM, AND ENTER INTO A FUNDING AGREEMENT WITH, THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY

RESOLUTION 2019-52

RES 2019-8234  -  F. Resolution: Authorize an Agreement with Sam Schwartz for Transportation Planning and Engineering Services at Downers Grove North and South High Schools

Summary: This awards a contract for transportation planning and engineering services for traffic safety enhancements at Downers Grove North and South High Schools to Sam Schwartz of Chicago, Illinois in the amount of $81,070.00, which includes a 10% contingency.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SAM SCHWARTZ

RESOLUTION 2019-53

RES 2019-8233  -  G. Resolution: Authorize an Intergovernmental Agreement with Community High School District 99 for Traffic Safety Enhancements at Downers Grove North and South High Schools

Summary: This authorizes the execution of an Intergovernmental Agreement with Community High School District 99 for transportation planning and engineering services for traffic safety enhancements at Downers Grove North and South High Schools.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF EDUCATION OF DOWNERS GROVE SCHOOL DISTRICT NO. 99 AND THE VILLAGE OF DOWNERS GROVE FOR TRAFFIC SAFETY ENHANCEMENTS AT THE HIGH SCHOOLS

RESOLUTION 2019-54

MOT 2019-8255  -  H. Motion: Award an Amount Not to Exceed $29,744.00 with Stantec Consulting Services Inc., Washington DC, for a Water Rate Study

Summary: This authorizes an agreement with Stantec Consulting Services, Inc., of Washington DC, to conduct a water rate study.

MIN 2019-8239  -  I. Minutes: Note Receipt of Minutes of Boards and Commissions

Summary: Plan Commission - June 3, 2019

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

Mayor Barnett declared the motion carried by voice vote.

6. Active Agenda

RES 2019-8225  -  A. Resolution: Grant a Historic Landmark Designation for 4721 Highland Avenue

Summary: This designates historic landmark designation for 4721 Highland Avenue.

A RESOLUTION GRANTING HISTORIC LANDMARK DESIGNATION FOR 4721 HIGHLAND AVENUE

RESOLUTION 2019-55

Motion: Commissioner Hosé moved adopt "A Resolution Granting Historic Landmark Designation for 4721 Highland Avenue," as presented.  Commissioner Earl seconded the motion.

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

Nay: None

Mayor Barnett declared the motion carried.

Mayor Barnett presented the Landmark Certificate to Mr. and Mrs. Anderson and thanked them for landmarking their home.

7. First Reading

ORD 2019-8207  -  A. Ordinance: Authorize a Special Use for 2300 Wisconsin Ave, Unit 101, to Permit a Personal Vehicle Sales Business

Village Manager Dave Fieldman asked Stan Popovich, Director, Community Development, to present this item.

Stan Popovich, Director, Community Development, said this concerns a request for the sale of pre-owned high-end luxury vehicles in the Ellsworth Industrial Park. The property is located in the light-industrial park area. The petitioner plans on having no more than six or seven sale vehicles at a time, all of which will be stored on the interior of the unit.  No sale vehicles will be allowed to be stored outside of the building.  Accessory to the primary use of vehicle sales, the petitioner will provide a detailing service to prepare the cars for sale. He said this complies with the Comprehensive Plan and the Plan Commission found that the requirements for a Special Use were met and recommended approval.

Mayor Barnett said he is glad that the Village has this type of flexibility available to the public.

ORD 2019-8208  -  B. Ordinance: Authorize a Special Use for 6301 Main Street to Permit a Fueling Station

Mr. Popovich explained that at 6301 Main Street there is a Shell Station with four existing curb cuts.  This request is for a new fueling station. The petitioner proposes to demolish the existing site and include a convenience store on the south side of the property with a fueling canopy along 63^rd Street. There will be only two curb cuts instead of the existing four. There will also be a pedestrian connection on Main and 63^rd Street. He showed a depiction of the proposed building. This proposal adheres to the Village's Comprehensive Plan. Special use standards were met and the Plan Commission recommended approval.

Commissioner Sadowski-Fugitt said she appreciates the thought given to the tree canopy and that they will be adding some shade trees in addition to small ornamental shrubs to the site.

Commissioner Hosé welcomed the people at Vequity back and said he is glad to see this moving forward.

Commissioner Kulovany agreed and said he is glad to see the reorientation of the building to better utilize the space on the site.

Mayor Barnett asked Mr. Popovich whether any remediation was needed on the site.

Mr. Popovich said he did not know, but would get that information.

Ivan Nockov, a representative of Vequity, spoke and explained that Vequity always works with the IEPA and other governmental agencies for testing regarding remediation. The Fire Marshal would have to be present when the existing tanks are moved. If additional testing is required they address whatever recommendation is made. He thanked staff for all the work they have done with Vequity, and they are happy to be in the Village.

Commissioner Kulovany noted that Vequity seems to particularly like the corners in Downers Grove, to which Mr. Nockov answered affirmatively.

RES 2019-8254  -  C. Resolution: Authorize Intergovernmental Agreements re:  Peer Jury Program

Mr. Fieldman asked Dan Carlsen to present an update on this program.

Dan Carlsen, Management Analyst, provided a summary of the program that operated on a trial basis for six months from January to June of this year. This program was prompted by the Downers Grove Township program suspension. Seven participating municipalities shared the costs, while the Village of Downers Grove operated the program. Mr. Carlsen said that the Peer Jury programs have as their intent keeping juveniles out of the criminal justice system. Peer juries do not determine guilt or innocence; their focus and primary concern is on developing the offender into a contributing member of the community. He said there was a target of eight municipalities, with seven eventually participating. The participating communities are Downers Grove, Burr Ridge, Clarendon Hills, Darien, Hinsdale, Oakbrook and Willowbrook. Twenty-two cases were processed. He then provided a breakdown of the jurors, cases and offenders during the six-month project. The costs came in under budget. Upon completion of the trial period, staff met with the participating municipalities to discuss the next steps, which would include operating the program on a permanent basis, limiting the jury pool to 52, and executing an intergovernmental agreement with the participating municipalities. Mr. Carlsen said that a resolution has been prepared to allow the program to continue. 

Commissioner Hosé thanked staff for the report and for putting the program together. He said that they should be proud of this.

Commissioner Earl thanked the Police Department as well. This shows their dedication to the community.

Commissioner Kulovany asked whether participation required an admission of guilt, and Mr. Carlson said it does.

Mayor Barnett thanked staff and the previous Council for kicking this program off earlier in the year. He also thanked the other municipalities for their participation in the project and for assisting in providing a regional solution to the problem.

Commissioner Kulovany said he appreciates the program as well, and he assumes it is saving the taxpayers money. It helps get young people on the right path.

8. Manager's Report

No report. 

9. 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 authorizing a special use for 2300 Wisconsin Avenue, Unit 101, to permit a personal vehicle sales business
2. An ordinance authorizing a special use for 6301 Main Street to permit a fueling station

10. Mayor and Council Member Reports

Commissioner Kulovany thanked staff for their thoughtful work on stormwater management. It was an example of good staff work in a short period of time. 

Mayor Barnett suggested staff link the You Tube Stormwater YOUtility videos to the page on the Village's website.

The Mayor thanked his colleagues, staff and the residents for participating in the 4^th of July parade.

11. Adjournment

Mayor Barnett asked for a motion to adjourn. 

Motion:  Commissioner Hosé moved to adjourn.  Commissioner Earl seconded the motion.      

Mayor Barnett declared the motion carried by voice vote and the meeting adjourned at 7:25 p.m.

Respectfully submitted, April Holden Village Clerk