Minutes Archive

December 17, 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 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 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 10, 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. Paul and Joyce Lagno, 304 Prairie, copied the Council on an email. Mr. Lagno asked if the Council had any questions.

Mayor Barnett said there are no questions at this time. The matter is being reviewed by staff.

Mr. Lagno said he would appreciate a response. He invited Council members to their home on December 20.

2. David Rose spoke regarding environmental sustainability and distributed a handout to the Council to fill in the details with respect to his comments last week. He said this should be treated as a unit with last week's handout.

3. Vera Miller said she is a leader of the Downers Grove Clean Energy Task Force, a community group interested in bringing more clean energy to Downers Grove. The task force is very interested in the facilities plan and they hope sustainability will be front and center in that discussion. This is a great chance to build on Downers Grove's environmental emphasis.

5. Consent Agenda

Mayor Barnett said Item C, MOT 2019-8428, a motion accepting the plan for the future of the downtown has been removed from the Consent Agenda for separate consideration.

BIL 2019-8449 - A. Bills Payable: No. 6498, December 17, 2019

COR 2019-8450 - B. Claims Ordinance: No. 6341, Payroll, December 6, 2019

MOT 2019-8430 - D. Motion: Authorize Payment for Tourism Related Activities to the Downers Grove Economic Development Corporation (EDC) in the Amount of $50,000

Summary: This authorizes the payment in the amount of $50,000 for tourism related activities to the Downers Grove Economic Development Corporation (EDC) based on the terms of the Village agreement with the EDC.

MOT 2019-8437 - E. Motion: Award a Contract in an Amount Not to Exceed $71,566 to WBK Engineering, LLC, for Engineering and Survey Services for the Wisconsin and Belmont Drainage Improvement Project

Summary: This awards a contract for engineering and survey services to WBK Engineering, LLC, in the amount of $71,566.00 for engineering services for the design and permitting of stormwater drainage improvements in the area of Wisconsin Avenue east of Belmont Avenue. The contract amount includes a 10% contingency.

MOT 2019-8385 - F. Motion: Authorize a Five-Year Agreement in the Amount of $134,976.11 to Axon Enterprise, Inc., for a Digital Evidence Management System

Summary: This authorizes a five-year agreement with Axon for software and equipment for a digital evidence management system in an amount of $134,976.11 that includes the digital recording of police interviews.

MOT 2019-8406 - G. Motion: Authorize the Purchase and Renewal of General Liability, Property, Excess Liability, Professional Liability and Workers Compensation Insurance Coverage

Summary: This renews insurance for property, casualty, workers compensation and excess liability coverage for the Village, effective 12/31/19 through 12/31/20.

MOT 2019-8445 - H. Motion: Accept the Downtown Parking System Presentation and Reports and Refer Discussion to the Transportation and Parking Commission and Downtown Management Corporation

Summary: This accepts the downtown parking system presentation and reports, and refers discussion of this matter to the Transportation and Parking Commission and Downtown Management Corporation.

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

Environmental Concerns Commission - October 10, 2019

Motion: Commissioner Hosé moved to approve the Consent Agenda as amended. 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.

6. Active Agenda

MOT 2019-8428 - C. Motion: Accept the Plan for the Future of the Downtown

Summary: This accepts the plan for the future of the downtown and directs staff to proceed with implementation.

Motion: Commissioner Hosé moved to adopt a motion accepting the downtown plan, as presented. Commissioner Earl seconded the motion.

Commissioner Kulovany said he thinks there has been a misunderstanding with respect to the taxation for the Special Service Area. He was approached by two residents at GroveFest who felt the tax was unfair. He agreed with them. Meetings were held by the Downtown Management Corporation (DMC) and early input from the residents was that they were in agreement to pay a proportionate amount of the tax. The plan calls for the businesses to take on the entire tax. He thought it would have been fair to ask the residents to pay .25%, or $275 for the amenities they receive.

Mayor Barnett thanked Commissioner Kulovany for discussing this matter. It was a disappointing process; however, this keeps the DMC and the activities they sponsor intact.

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

Nay: None

Mayor Barnett declared the motion carried.

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

Summary: This amends Chapter 15 of the Municipal Code.

AN ORDINANCE AMENDING CHAPTER 15 OF THE MUNICIPAL CODE

ORDINANCE NO. 5803

Motion: Commissioner Hosé moved to adopt "An Ordinance Amending Chapter 15 of the Municipal Code," as presented. Commissioner Earl seconded the motion.

Mayor Barnett said this is clerical in nature to bring our ordinance in compliance with State law.

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

Nay: None

Mayor Barnett declared the motion carried.

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

Summary: This amends the Downers Grove Zoning Ordinance.

AN ORDINANCE AMENDING ZONING ORDINANCE PROVISIONS

ORDINANCE NO. 5804

Motion: Commissioner Hosé moved to adopt "An Ordinance Amending Zoning Ordinance 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.

ORD 2019-8397 - C. Ordinance: Rezone Certain Property Located at 844 Warren Avenue from DB, Downtown Business, to DB/PUD, Downtown Business/Planned Unit Development

Summary: This rezones 844 Warren Avenue from DB, Downtown Business District to DB/PUD Downtown Business/Planned Unit Development District.

AN ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 844 WARREN AVENUE

ORDINANCE NO. 5805

Motion: Commissioner Hosé moved to adopt "An Ordinance Rezoning Certain Property Located at 844 Warren Avenue," as presented. Commissioner Earl seconded the motion.

Commissioner Earl said she attended the Plan Commission meeting when this was discussed. She thanked the staff for their creativity and noted that the neighbors spoke in favor of this.

Mayor Barnett thank the staff for their work. He noted the need to change and adapt to change. This is a great opportunity.

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

Nay: None

Mayor Barnett declared the motion carried.

ORD 2019-8396 - D. Ordinance: Amend the Zoning Ordinance to Designate the Property at 844 Warren Avenue as Planned Unit Development #61 and Authorize a Restaurant with Year Round Outdoor Dining

Summary: This designates the property located at 844 Warren Avenue as Planned Unit Development #61 and authorizes a restaurant with year round outdoor dining.

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE, ILLINOIS, TO DESIGNATE THE PROPERTY AT 844 WARREN AVENUE AS PLANNED UNIT DEVELOPMENT #61 AND AUTHORIZE A RESTAURANT WITH YEAR ROUND OUTDOOR DINING

ORDINANCE NO. 5806

Motion: Commissioner Hosé moved to adopt "An Ordinance Amending the Zoning Ordinance of the Village of Downers Grove, Illinois, to Designate the Property at 844 Warren Avenue as Planned Unit Development #61 and Authorize a Restaurant with Year Round Outdoor Dining," 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.

7. Mayor's Report

RES 2019-8448 - A. Resolution: Re-establish the Downers Grove Human Service Ad Hoc Committee and Appoint Members Thereto

Mayor Barnett asked the Village Clerk to read the resolution.

Summary: This re-establishes the Downers Grove Human Service Ad Hoc Committee and appoints members thereto. The Committee shall automatically dissolve June 30, 2020, unless otherwise extended by the Village Council. The Committee shall consist of seven members. This confirms the following appointments: Samantha Aycock, Chair; Kimberly Nagy, Tom Connolly, Chris Gilmartin, Stephanie Williams, Azizi Marshall, and Rebecca Cambell.

A RESOLUTION RE-ESTABLISHING THE DOWNERS GROVE HUMAN SERVICE AD HOC COMMITTEE AND APPOINTING MEMBERS THERETO

RESOLUTION 2019-95

Motion: Commissioner Hosé moved to adopt "A Resolution Re-establishing the Downers Grove Human Service Ad Hoc Committee and Appointing Members Thereto," 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.

8. First Reading

9. Council Member Reports

Commissioner Kulovany extended Happy Holiday greetings to everyone.

Commissioner Sadowski-Fugitt wished everyone Happy Holidays and a safe New Year.

Commissioner Walus also wished everyone Happy Holidays and a safe New Year.

Commissioner Gray extended Happy Holiday wishes and noted that for many it may be their first holiday without someone; he asked that people think of them.

Commissioner Earl extended Happy Holiday greetings.

Commissioner Hosé extended Happy Holiday greetings and best wishes that everyone be healthy and safe.

Mayor Barnett said as we wrap up 2019 and prepare for 2020, we have an opportunity to pause and reflect. It's the time of year when friends and family connect and reconnect over shared good wishes, the time of year when we consider the year's challenges and successes and when we take a minute to remember that each other - our friends and neighbors and our shared interactions - are what matter most.

As in years past, the New Year will bring new hopes, new challenges and most certainly change. And change can be hard. But we define our own circumstance so let's no longer define change in terms of fear or uncertainty but instead, let's recognize that change brings opportunity.

We have some big challenges in front of us; stormwater isn't going away, our environment isn't going to fix itself, new Village facilities aren't going to suddenly appear, pedestrians and traffic dangers remain in front of us and there's no golden ticket for Village finances.

A community of 50,000 people will always be challenged with managing the frailties that come with being human.

But let's be a community that embraces the possibility of change. Let's take every issue that comes before us and define it our way - as opportunities to create tomorrows for our community that are better than our yesterdays.

During Christmas, some of us will celebrate the birth of Christ whose message is one of love. In 2016, then President Obama, reminded us all that the message of Christmas extends beyond those who celebrate their faith during this season. That it reminds us to treat one another the way we want to be treated - that in Christmas, is a message of unity and decency and hope.

Our Village is made up of good people from many backgrounds and many beliefs. We all share a love of our community. He encouraged everyone to take that love of community and let it manifest itself in a love of one another.

He said it is his hope that the New Year fills us with understanding, forgiveness and the space necessary to remember that even with our differences, we're in this life - and in this community together.

In 2020, he asked that we be intentional as we seek ways to help each other and help our community. Let's be thoughtful in the way we speak to each other, and let's remember that together, we can harness change to be our very best.

And so, on behalf of his family and the Village Council, he wished our community, colleagues and Village team members a very Merry Christmas and a Happy New Year.

10. Manager's Report - Committee Room

Commissioner Hosé moved to recess to the Committee Room to discuss the Facilities Replacement and Sustainability Plan (FRSP). Commissioner Earl seconded the motion.

Mayor Barnett declared the motion carried by voice vote and the Council recessed to the Committee Room at 7:25 p.m.

REP 2019-8452 - A. Report: Discuss the Facilities Replacement and Sustainability Plan (FRSP)

Mayor Barnett reconvened the Council meeting at 7:33 p.m. to discuss the Facilities Replacement and Sustainability Plan. He said the facilities replacement process starts tonight. He encouraged Council members to ask questions. He thanked the public for attending.

Village Manager Dave Fieldman said all Council members have been briefed on this matter a month ago.

The purpose of tonight's session is to establish ground rules for the preparation of the facilities replacement and sustainability plan to include deliverables, the process and schedule, and recommendations. The issue is that the Police Station is 40 years old and the Village Hall is 90 years old, and they are in need to replacement. They are in below average condition, they lack modern work spaces, and they have outdated major building systems that are expensive to repair and replace. According to the 2019-21 Long Range Plan (LRP), a plan to replace the Police Station and Village Hall as a standalone or combined building is scheduled for the second quarter, 2020. Components of the plan are to ensure the long-term sustainability of the properties, explore other uses on the property which reduce the financial impact, which could include private sector development, parking for downtown, and future Village use or use by other governmental bodies to help defray costs and serve other needs; pay for the project with existing revenues, revenue from the partner and/or new revenue sources; and the use of a debt instrument, probably issuing bonds to align costs with taxpayers benefiting from the facilities.

Mr. Fieldman then discussed components of the FRSP in terms of deliverables. The goal is to put the plan together in five months. Five key questions are:

What will be constructed? This includes three components - the scope, the space needs (which has been completed), and the scope for developers in terms of generalities.
Where will it be constructed? This is the preliminary site plan with locations of the elements of the project.
When will it be constructed? This is the preliminary project schedule, expressed in quarters, to include all steps/phases (planning, design, public input, zoning approval, demolition, construction). He reiterated that public input would be a part of this question.
How much will it cost? This is the preliminary cost estimate to include all components of the project expressed in a range of dollars. It is based on the scope, program and site plan, and will be prepared by professionals.
How will the Village pay for the project? This includes two components - the preliminary project budget to include revenues and expenses; and the preliminary financing plan.

Commissioner Earl said there may be a need for more public input that would extend the start of the project beyond 5/20/20. She said we are prior to the start at this time because all Council members are in a different place. It is not necessary to have preconceived notions from previous iterations. We should be having a new conversation.

Mr. Fieldman said the concept of public input is during the preliminary project schedule discussion.

Commissioner Earl said she feels more time is needed for public input.

Mayor Barnett said it is important to have these conversations. We will start to use an enormous amount of staff energy, and we need a consensus to do this.

Mr. Fieldman said the process/schedule for preparing the plan is five meetings over five months. The first meeting is tonight to establish deliverables as well as the process and schedule. In January, staff will present multiple options that address the five key questions. This will continue in February. The March meeting is for identification and development of the preferred option. In April, the FRSP is scheduled to be approved. In May the actual project would start. He said Commissioner Earl's point is that this may require significant public input to answer the questions.

Mr. Fieldman then discussed recommendations. He said a development proposal was received about a year ago at which time staff learned about the site and the challenges of the site. There are ten recommendations:

Improve efficient use of the property, create space for a partner, and generate revenue to offset costs.
Explore public sector partner opportunities.
Consider relocating commuter parkers from the parking garage to the Civic Center property.
The Village should be the primary driver of the project.
Avoid the temporary relocation of the Police Station and the Village Hall.
The scope should not include the fleet garage.
Construct Village Hall improvements first.
Develop the concept site plans early in the process.
Establish the public input process.
Identify one preferred partner development.

Mayor Barnett noted that much of this was discussed during the LRP sessions, but in less detail. This is the fourth time this Council has discussed this. The public input process is not excluded; there is a window of at least 60 days for public input. He does not see that the schedule has to be extended for public input.

Commissioner Hosé said the idea that we need training wheels is not true. There are at least three months of public input opportunities. There are many opportunities to hear from many people. People can speak week after week about this at Council meetings. He said he does not think we should extend the time for public input. He said he agrees with the schedule and the recommendations. We are a service organization. We should avoid a temporary relocation and we should build the Village Hall building first. He said he is concerned about relocating commuters. Regarding the fleet garage, it should not be a part of this phase, but he would like to see it in another phase.

Commissioner Kulovany said the Council role is to give direction. The residents are like stockholders. Residents come up with good ideas. He said it would be useful to keep a list of FAQs to keep citizens informed as to why we can or cannot do something.

Commissioner Earl said a meeting that reviews all that has been considered might be merited. It could be a historical look at how we got here.

Commissioner Hosé said that was done during the LRP sessions.

Mayor Barnett spoke about how to address recurring questions and the need to give people the opportunity to get information as it relates to questions that have been answered.

Commissioner Walus agreed with the idea of FAQs. It would be able to direct people to a place for questions and answers.

Commissioner Kulovany said we have learned from mistakes, iterations, etc. He urged being mindful that we do not want to relive iterations.

Commissioner Walus noted that we have learned from the last iteration because we now have this plan. She said she agrees with the recommendations and she agrees with Commissioner Earl regarding public input. She agrees with Commissioner Hosé regarding concerns about relocating commuter parking.

Commissioner Gray spoke about the cost and workflow. He asked if there is information from the previous site plan regarding these two elements. He said the recommendations are straight-forward. He thinks the schedule is right and agrees that the fleet garage is a project for a later phase.

Commissioner Kulovany suggested a video of a tour of the buildings. Mr. Fieldman said that has been started.

Commissioner Kulovany suggested staff survey other governmental officials regarding the fleet garage.

Commissioner Sadowski-Fugitt said she agrees with the schedule. She feels there is plenty of opportunity for public input. She noted it is a fine line between going too fast and missing out on opportunities. It is a great idea have FAQs. She is concerned about commuter parking. She agrees with the fleet garage remaining on the property for the time being. She said it is important to consider this a value to the community. It is a service. This is the future of our Village. She suggested looking at this as a value and not just a building. It is the hub of the Village and how everything gets done. She said it is important to recognize that the Village has the potential to expand at some point and she cautioned about squeezing ourselves too tightly. She said she is happy the Village has decided to be the drivers.

Commissioner Kulovany said he agrees with the process and the approach. He thinks there will be plenty of opportunity for public input. He urged that staff get in front of this as soon as possible in terms of communication.

Commissioner Gray said he supports Commissioner Sadowski-Fugitt's comments regarding the value of this for our community. In 10-20 years this becomes the heartbeat of our community. As the Council looks to put the pieces of this puzzle together, it is important to consider the minimal viable project elements that need to go into making a functioning, effective, working facility.

Commissioner Earl said this is about using our space better. This space has become more valuable because of what has been done downtown. She said she has many questions because we have to think long-term about this parcel.

Mayor Barnett reviewed the major services of the Village - police, fire, snowplowing, streets, and managing the permit process and the safe delivery of water. Our fire stations and the public works facility are in reasonably modern condition. We have not modernized the police station or Village Hall. Services provided in these building are services residents expect and demand, and should have the expectation of a high quality level of service and zero interruption. He sees the facilities as tools that are absolutely necessary to provide the services our residents expect. Prioritizing this, as opposed to prioritizing a development, is entirely appropriate. Developing value on properties, public or private, is critical to the long-term financial health of the Village because that is how we get much of our revenue. This plan properly prioritizes the delivery of services with the necessary tools and maximizes the value to the financial base that supports everything else we do in the Village. He said we should do this as quickly as we can.

Commissioner Hosé said the definition of value is an important part of the conversation.

A resident said she does not see the need to revisit options and she is happy to hear that the location is the Civic Center. She now feels more comfortable moving forward. The key to her is the location; to be centrally located takes away many of her concerns. She said there is a lot of talk about parking, and she sees a need for present and future parking. She noted that when looking at other municipal facilities, they are for the municipality, not combined with private development. She suggested keeping this focused on municipal needs and to combine it with parking.

A resident said he is excited to see redevelopment. He would like to extend the feel of the downtown to the Civic Center. Curtiss and Washington Streets could be an extension of downtown as the Civic Center is used more efficiently. It would result in a slightly larger, more attractive downtown.

David Rose said he is encouraged to hear that lessons have been learned. He hopes that in planning for space needs, we look at size and whether we need to allocate more space. The Police Station has specific needs that cannot be provided any other way and those needs must be included in the building. Perhaps other services could be placed elsewhere. He asked as to the risk that future Councils could inhibit this plan, and he asked about contingencies with respect to an economic downturn.

Mayor Barnett responded that there is a municipal election every two years. We could always wait as there is always a risk.

As a follow-up to Commissioner Earl's comment regarding a performance space, Mr. Rose asked if a performance facility is part of the conversation.

Commissioner Earl referenced a study that noted the downtown does not have a medium-sized space for performances. It was thought it could be incorporated in a new plan. She asked whether these ideas are still relevant and if this is the time to talk about it.

Mr. Fieldman said it is a great example of listing the elements of the project in terms of what is included in the project scope.

Commissioner Walus said Commissioner candidates heard from residents that they are interested in some type of flex space. This is a unique opportunity to look at ideas from the past.

Mr. Rose asked when the preferred partner will be identified.

Mr. Fieldman said this is only in concept at this time; it is to identify a type of developer.

Mr. Fieldman clarified that the space program is completed. If there are other matters to be considered that would add space, we would need to add substantial time to the schedule. Staff has been working with an architect to develop options and it was built on identified space needs and those are the options Council will see unless otherwise directed by Council.

Commissioner Sadowski-Fugitt asked if the space is such that we would not have enough if staff is added.

Mr. Fieldman said it depends on the work space model. With the current work space model, there is plenty of room. If we need one dedicated space per person we would need more space. The space model is lean and pushes the boundaries.

Commissioner Hosé said he is willing to consider green space outside th