Minutes Archive

May 18, 2021

1. Call to Order

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): Mayor Barnett; Commissioner Hosé, Commissioner Walus, Commissioner Sadowski-Fugitt, Commissioner Kulovany, Commissioner Gilmartin, Commissioner Glover

Non-Voting: Village Manager Dave Fieldman, Deputy Village Manager, Mike Baker, Village Attorney Enza Petrarca, Police Chief Shannon Gillette; and Village Clerk Rosa Berardi

MOT 2021 - A. Motion: Allow Electronic Participation for the May 18, 2021, Village Council Meeting

3. Public Comment

Mayor Barnett invited public comment for non-agenda items.

  • The following residents voiced concern about the proposed development at 5300 Belmont Rd:
    • Ms. Amy Hamlee, 5420 Ashbrook on behalf of her mother Bobbie Carlson and others
    • Ms. Cheryl Graves, 2400 Inverness Ave.
    • Ms. Kerry Mueller-Anslow, 2101 Inverness Ave.
  • Mr. Brian Sole, a resident of Fairmont Avenue: Voiced concern about statements made by the Downers Grove Public Library Board and its Board Director.
  • Mr. Cavanaugh Gray, 905 62nd Street, spoke about a program called Bridging the Entrepreneurial Divide and The Entrepreneur Café organization to provide small businesses a fast track entrepreneurial training program. Registration opens tomorrow, May 19, 2021, for eight weeks and 20 entrepreneurs will be selected for the program.

4. Proclamation

A. Proclamation: Building Safety Month

  • Mayor Barnett read a proclamation and proclaimed the month of May 2021 as Building Safety Month.

B. Proclamation: Public Works Week

  • Mayor Barnett read a proclamation and proclaimed the week of May 16 - 22, 2021 as Public Works Week.

C. Proclamation: Emergency Medical Services Week

  • Mayor Barnett read a proclamation and proclaimed the week of May 16, 2021 as Emergency Medical Services Week.

D. Proclamation: National Bike Month

  • Mayor Barnett read a proclamation and proclaimed the month of May 2021 as National Bike Month.

PUBLIC COMMENT

  • A member of the Downers Grove Bike Club invited the Mayor, Village Council to join on ride taking place on May 19th -Ride of Silence (honoring cyclists who were killed while cycling).

5. Minutes of Council Meetings

MIN 2021-8958 - A. Minutes: Village Council Meeting Minutes - May 11, 2021

Motion: To adopt the meeting minutes of the May 11, 2021 meeting as presented.
RESULT: Motion carried unanimously. MOTIONED TO APPROVE: Commissioner Hosé SECONDED BY: Commissioner Walus
AYES: Commissioner Glover, Commissioner Gilmartin, Commissioner Kulovany, Commissioner Sadowski-Fugitt, Mayor Barnett
NAYES: None

6. Consent Agenda

COR 2021-8959 - A.  Claims Ordinance: No. 6409 - April 23, 2021

BIL 2021-8960 - B. Bills Payable: No. 6594 - May 18, 2021

RES 2021-8962 - C. Resolution: Authorize the Execution of a Two-Year Agreement in the Amount of

$25,000.0 with Lexis Risk Solutions FL Inc. for the Use of LN Services

Summary: This authorizes the execution of a two-year agreement in the amount of $25,000.00 with Lexis Risk Solutions FL Inc. for the use of LN Services: RES 2021-33


RES 2021-8967 - D. Resolution: Authorize the Execution of a Second Addendum to an Agreement with the Downers Grove Historical Society to Cooperate and Consult related to the Maintenance, Use and Improvement of the Downers Grove Main Street Cemetery

Summary: This authorizes the execution of a Second Addendum to an Agreement with the Downers Grove Historical Society to cooperate and consult related to the maintenance, use and improvement of the Downers Grove Main Street Cemetery: RES 2021-34

 

MOT 2021-8934 - E. Motion: Award a Contract to J. Congdon Sewer Service, Inc. of Carol Stream, Illinois in the Amount of $2,150,498.34 for the 2021 Water Main Improvements Contract A

Summary: This awards a contract to J. Congdon Sewer Service, Inc. in the amount of $2,150,498.34 for the 2021 Water Main Improvements Contract A.

 

MOT 2021-8937 - F. Motion: Award a Contract to Gerardi Sewer & Water Company of Addison, Illinois in the Amount of $1,303,831.50 for the 2021 Water Main Improvements Contract B

Summary: This awards a contract to Gerardi Sewer & Water Company in the amount of $1,303,831.50 for the 2021 Water Main Improvements Contract B.

 

MOT 2021-8951 - G. Motion: Award a Contract to Austin Tyler Construction, Inc. of Elwood, Illinois in the Amount of $965,555.00 for the Highland Avenue & 41st Street Drainage Improvements

Summary: This awards a contract to Austin Tyler Construction, Inc. in the amount of $965,555.00 for the Highland Avenue & 41st Street Drainage Improvements.

 

MOT 2021-8964 - H. Motion: Authorize the Purchase of Two 2022 Peterbilt 348 Snow Plow Trucks from JX Peterbilt of Bolingbrook, IL in the Amount of $316,004.90

Summary: This authorizes the Purchase of Two 2022 Peterbilt 348 Snow Plow Trucks from JX Peterbilt of Bolingbrook, IL in the amount of $316,004.90.

 

RES. 2021-8970 - I. Resolution: Authorize the Execution of a Third Extension to the Agreement with The Horton Group for Consulting Services effective July 1, 2021

Summary: This authorizes the execution of a third extension to the agreement with The Horton Group for Consulting Services effective July 1, 2021: RES 2021- 35

 

RES 2021-8974 - J. Resolution: Authorize an Agreement with Fulton Siren Services in the Amount of

$19,950.00 for the Replacement of the Emergency Siren located at 2420 Haddow Avenue, Downers Grove.

Summary: This authorizes an agreement with Fulton Siren Services in the Amount of $19,950.00 for the Replacement of the Emergency Siren located at 2420 Haddow Avenue, Downers Grove: RES 2021-36

 

MIN 2021-8972 - K. Minutes: Note Receipt of Boards and Commissions Meeting Minutes

Summary: This approves the receipt of Boards and Commissions meeting minutes.

Motion: To adopt all items on the Consent Agenda as presented.
RESULT: Motion carried unanimously. MOTIONED TO APPROVE: Commissioner Hosé SECONDED BY: Commissioner Walus
AYES: Commissioner Glover, Commissioner Gilmartin, Commissioner Kulovany, Commissioner Sadowski-Fugitt, Mayor Barnett
NAYES: None

PUBLIC COMMENT

Ms. Liz Chalberg, President of the Downers Grove Historical Society - 1132 Curtiss

  • Thanked the Mayor, Council and the Village for renewing the agreement with the Historical Society for the Main Street Cemetery and continuing its partnership over the past 20 years; also made mention of many others and their contributions to the organization throughout the years.

7. Active Agenda

ORD 2021-8935 - A. Ordinance: Approve a Special Use, to Operate a Personal Vehicle Repair and Maintenance Business at 2300 Wisconsin Avenue, Suites #201 and 203

Motion: To adopt an ordinance authorizing a Special Use to operate a personal vehicle. repair and maintenance business at 2300 Wisconsin Avenue, Suites #201 and 203: ORD 5867 RESULT: Motion carried unanimously.
MOTIONED TO APPROVE: Commissioner Hosé
SECONDED BY: Commissioner Walus
AYES: Commissioner Glover, Commissioner Gilmartin Commissioner Kulovany, Commissioner Sadowski-Fugitt, Mayor Barnett
NAYES: None

8. First Reading

MOT 2021-8975 - A. Motion: Approve the Amended Downtown Design Guidelines

Community Development Director, Stan Popovich, reviewed the background of the proposed amended Downtown Design Guidelines which began on July 21, 2020, when directed by Commissioner Kulovany directing staff to:

  • Work with the ADRB to review, evaluate and recommend amendments to the Downtown Design Guidelines and Downtown Pattern Book; and
  • Consider amending the review and approval process for certain construction projects in the Downtown and at Catalyst Sites to require review by the ADRB.

On August 18, 2020, the Village Council directed staff to accomplish the following two tasks:

  1. Update the 2009 Downtown Design Guidelines
  2. Consider amending the review and approval process for certain construction projects in the downtown

The following four objectives were identified:

  • Ensure developments meet or exceed established design criteria
  • Provide an opportunity for public awareness early in the review and approval process
  • Engage the ADRB through this review process to accomplish each task
  • Maintain an efficient, predictable and reliable review and approval process

Starting with the September 16, 2020 ADRB meeting, the ADRB met over five meetings to work towards accomplishing both of the Village Council-directed tasks. On March 17, 2021, the ADRB made recommendations related to each task and voted unanimously that the Village Council approve the updated Design Guidelines.

Task 1: Update the 2009 Downtown Design Guidelines

  • Tailored to the three downtown zoning districts, as opposed to two downtown zoning districts in 2009
  • Provide enhanced visualizations and graphics
  • Clarify and expand upon key design elements based on previous experiences
  • Include guidelines for parking lots and utility areas

The draft guidelines are divided into seven separate sections and each section describes elements that support good design and provides visual references to both encouraged and discouraged elements of each guideline. The guidelines do not apply to single-family residential users.

In order to address Task 2 at the February and March 2021 ADRB meetings, staff developed an interactive exercise to address questions posed by the ADRB. On March 17, 2021, the ADRB made the following recommendations to the Village Council regarding Task 2.

Task 2: Consider amendments to the review and approval process for the downtown

  • Improvements that do not currently require a permit and do not currently require design review: the existing review and approval process for these types of projects was appropriate
  • Improvements that require design guideline compliance and Village Council approval (PUDs and Special Uses): the current rules and the current processes should remain in place
  • Improvements that require a permit and do not currently require design review
    • new window and door openings
    • façade renovations
    • additions
    • new-multi-family
    • new commercial

Director Popovich reviewed the 2009 Design Guidelines while referring to a slide within the presentation.

Commissioner and Mayor Comments/Questions

Hosé: Where are multi-family homes "by right" located? Director Popovich: Downtown Transition District.

Walus: Is a siding renovation not considered updating a facade?

Director Popovich: Siding replacement-is just that siding - not a project involving the entire exterior.

Gilmartin: Does repainting an exterior or just replacing siding need approval; can the owner pick the color freely; are businesses doing a complete facade update restricted?

Director Popovich: Yes - consideration to the facade colors of the buildings surrounding the building updating its facade is taken into consideration; owners can pick freely if only the siding or paint colors are replaced.

Kulovany-Thanked staff for their work; is in agreement with having the Village Council act as an Appeals Board; wants residents to have enough notice about the changes; recommended holding more Community meetings; spoke of the Maple and Main apartments and how the Council was unable to give input on that structure.

Sadowski-Fugitt: Inquired about current guidelines when it comes to public comment; how the residents receive communication about ADRB meetings; asked if signs can be placed in front of properties as they are for Plan Commission meetings.

Director Popovich: Reviewed the guidelines and said with the direction of the Village Council, signs are a possibility.

Walus: Voiced concern about VC serving as Appeal Board; concerned Council members are not qualified and will be taken away from their day-to-day Village Council business.

Kulovany: While serving on the Zoning Board of Appeals - their appeals went to court; the ADRB has the requirement that two licensed architects, a lawyer and a Historical Society Board member are on the Board; the Village Council serves the public.

Hosé: Doesn't think the Council acting as an Appeals Board is too far outside of typical workload, it's just different terminology; Design Guidelines haven't been updated since 2009 and it's needed; concerns about design over the past 4-5 years goes to the core of the guidelines; thanked the ADRB for all their work; believes the guidelines are important for businesses to invest in our community and they are important to increase value in our community; the only concern is the increase in the length of time for the review and appeal process before building permits are granted.

Barnett: The Design Guidelines has 2 elements: the process evaluation and the design guideline update - they play together; concerned about notification to the public and wants the community to be notified and not feel surprised; concerned about the review process, especially with appeals, and the proposed changes of what will require approval.

Kulovany: Asked about past major projects by name and if they were Special Use or Planned Unit Developments - reviewing whether they would have come before the Village Council with appeals; went over the length of time for the process, but said with the amount of time the buildings will be standing the future generations to come will appreciate it.

Gilmartin: Noted that the perception of what "design" means is different from person to person; he thinks the guidelines are tight enough to give guidance but loose enough for creativity; concern about subjectivity when it comes to design and styles change; this will allow the Village to maintain a look; recognizes the hard work put into this.

Kulovany: Doesn't dictate architecture; other suburbs that have done this (2-3 dozen that have some type of downtown design review); some suburbs handle their downtown design guidelines and others are so specific with what their downtown should look like - down to where the sconces are on the buildings- because they want a certain look; thinks that developers will be drawn to Downers Grove because of the new guidelines.

Sadowski-Fugitt: Since the ADRB recommended the specific options, she agrees; concerned about extended time of review process; wants to make sure the process is clear and businesses know the exact length of time the process will take; trusts the ADRB and their recommendations.

Glover: Thinks all agree on guidelines; the timing is of concern; questioned the review process.

Director Popovich: While using a slide from the presentation went over the review process; when a design is approved by the ADRB, the applicant submits building permit and it goes through the typical process with code compliance; when if not approved, the ADRB would work with the applicant and specify why it doesn't meet the guidelines; could continue to another meeting (ADRB meets monthly/every 30 days); if ADRB doesn't approve it, the applicant could appeal to the Village Council to go through the appeal process; however, if there is a denial from the ADRB, the applicant has the option to revise their plans for review by the ADRB.

Manager Fieldman: If the project is denied by the ADRB and the Village Council upholds the denial, the project will not be constructed.

Gilmartin: Asked if it is possible to run the building permit review process at the same time as the ADRB review process?

Director Popovich: It is a risk the applicant would take, as there is the chance the ADRB will not approve the plans.

Barnett: Questioned the word "holistic" that Director Popovich used; there a series of categories that need to be "passed" or is it a whole feel.

Director Popovich: No checklist or scorecard, holistic is looking at design as a whole; if the project doesn't meet all 10 points and building features comply with what the Village is looking for it will be approved.

Barnett: If big projects from the past were subjected to the proposed guidelines, would they have made the cut? Director Popovich: Staff will look at those and will respond at a later time.

Manager Fieldman: Staff's opinion of new guidelines is very different than the majority of 7 people on a Board; pending Council's approval of this item, the next steps would involve ordinance changes.

Kulovany: Confirmed that these types of amendments would go through the Plan Commission. Hosé: How this application process differs from that of a PUD or Special Use?

Director Popovich: The time frame is similar, but it depends on the size of the project.

Manager Fieldman: Thanked the Planning Department at the Village and the members of the ADRB for their work.

Barnett: Also thanked staff and ADRB; land use is a huge portion of what the Village Council is involved in and is a very long and detailed process; the public should be proud of their Village Government.

Mayor Barnett invited public comment. None received.

9. Mayor's and Council Member Reports

Walus: Rotary Grove Fest has been canceled for June, but the club is looking for opportunities for different dates later in the summer.

Glover: Reminded the public to be courteous to restaurant staff and employees of businesses and to please keep a mask handy.

Mayor Barnett inquired about online public comment.

Deputy Village Manager Baker reported one online comment was received during the meeting regarding concerns about the 5300 Belmont Project; it will be incorporated into the public record.

Mayor Barnett called for a five-minute recess at 8:21 p.m., with the Council reconvening in the Committee Room to begin discussion on the Village's Long Range Plan for 2021-2023. He welcomed the audience to stay in the Council Chambers as the meeting would be streamed.

10. Manager's Report

INF 2021-8977 - A. Information: 2021-2023 Long Range Plan

Mayor Barnett reconvened the Council meeting in the Committee Room at 8:26 p.m. to begin the discussion on the

Village's 2021-2023 Long Range Plan.  He asked Mr. Fieldman to begin the presentation.

Village Manager Fieldman explained the Long Range Plan (LRP) combines financial planning as well as strategic planning for the Village, down to the day-to-day operations that staff is responsible for and is also one of the most important policy direction documents this Council will produce. The four key elements of the LRP were reviewed: 1) strategic goals; 2) key trends and issues identified now that will affect the Village's future; 3) strategies and solutions to address negative trends or issues identified; and 4) this Council's work plan for the Priority Action Items over the next 18 to 24 months. This is the second of 7 meetings to take place over the next few months and a timeline for the long-range plan followed with tonight's focus on General Fund sustainability and Police operations.

General Fund Sustainability

Manager Fieldman explained the General Fund is the primary operating fund for the Village and it has been balanced every year since 2010. The last year that expenses exceeded revenue was in 2009 during the recession. As such, he stated the Village was sustainable in the General Fund and it will be necessary to keep that sustainability into the future.

Three key trends and issues have been identified:

1) In the General Fund, staff's projections suggest that revenues and expenses, except those related to public safety pensions, will be aligned for the next couple of years; both will increase at a rate of 2% to 3% annually driven on the revenue side by food and beverage tax performance and also the performance of on-line sales tax; in 2021 on-line sales tax will be returning to the municipalities; decisions made by previous Councils and the setting of the rate and rate increase on a growing economic base have played important roles.

2) The required contributions the Village has to make to its Public Safety Pension Funds is likely to increase at a high rate for the next 20 years; by 2040 the State law requires the pension funds to be fully funded; double-digit percentage increases have been given over the past several years and are expected to continue, a review of the figures followed; a new State Law which has created new State-wide Pension Boards for Police and Fire to manage pooled investments of all funds in the State of IL, hoping to provide greater investment returns; if it works, the Village contributions to the funds could be decreased; however, there is a chance the new State Law could cause the contributions to the funds to increase.

3) The State may reduce the percentage amount of Income Tax that is shared with municipalities (known as LGDF).

Manager Fieldman spoke to the strategies and solutions to address the above issues:

1) Continue with cost-control measures.

2) Protect state-shared municipal revenues and reduce reliance on state-shared revenues.

3) Consider increasing the Property Tax Levy for operations.

4) Continue to pay required contributions to Public Safety Pension Funds by levying a property tax in the same amount (which is currently occurring).

Mayor Barnett explained the importance of this process and wanted to continue the pattern and rely less on the LGDF (as the exact amount received is not reliable); spoke of the Village's financial strength; invited Commissioner comments/questions/ideas.

Mayor and Council Comments/Questions

Sadowski-Fugitt: Asked what the contribution number for the public safety pension fund is and its timing; should we expect anything drastic this year?

Manager Fieldman: New process this year; State Fire Pension Board is running a little ahead of the State Police Pension Board; next year we will learn more about Fire investments and the year after about Police; over the next few years we will have a better understanding of how the new process will affect the numbers; this year the Downers Grove Fire and Police Pension Boards are still under our control; current year calculations are at 1.1 M Dollars, which will be next year's levy.

Hosé: Village has done well to be sustainable over the past decade and all options need to be on the table; asked what the rate of return is on the Fire and Police Pension Funds at this time.

Manager Fieldman: The figure will be provided at the next meeting.

Gilmartin: Asked if once moved to Springfield, will there will be set rates and do we know what the rate of return will be.

Manager Fieldman: The first year is pooled investments and it could be a challenge to the Board initially.

Gilmartin: Questioned the Food and Beverage tax increase and continuing cost control measures, aside from staff reductions.

Manager Fieldman: The increase in the rate went into effect in March; staff reductions were the number one driver in cost savings; to date, the Village has cut approximately 20% of staff and no further reductions can be made; using technology to create efficiencies is what will drive cost savings.

Kulovany: Economic Development big driver for years and has lowered tax burden; questioned if there's a way to track how various projects have impacted the Village (known as EAV).

Manager Fieldman: Starting last year the Village starting tracking how the EAV growth relates to the Levy amount; EAV growth has kept pace with the increase in the Public Safety Pension percentage increase and has been stable over the last several years.

Walus: Appreciates work staff has put in and has no interest in reducing service levels; concerned about how increasing Tax Levies for operations could impact the many people in the community that have been affected by COVID financially; hopes the funds received from the American Rescue Plan (ARP) - even with stipulations on how it is used- can somehow be used in a way that allows the Tax Levy to be lowered or go away.

Manager Fieldman: ARP discussions will take place with the Council in June; the ability to use the ARP funds to reduce taxes is not allowed but may have an impact on whether or not the levy amounts go up.

Barnett: Commissioner Walus's comment is real and "ducktales" off of Commissioner Kulovany's comment; for residents that question why so much time is spent on Economic Development - investment and reinvestment are what keeps the value of our community high; 70-75% of the Village's costs are salaries and pension funds; the increase of taxes can be diminished with economic revenue.

Gilmartin: Are there any measures that can model what the impact will be in general and particularly to the residents?

Manager Fieldman: Yes, that will lean heavily on the EDC's figures; looking into the data regarding the residents.

A discussion ensued about the restrictions on certain households including those receiving social security and disability payments as their sole source of income.

Mayor Barnett invited public comment. None received.

Police Operations

Discussing this topic, Manager Fieldman reported new trends/issues were identified and are as follows:

1) The first trend/issue is the Criminal Justice Reform Act of Illinois; this will increase administrative work and expenses on day-to-day operations and will take effect on July 1, 2021. The Village supports this new law.

  • Additional training requirements for all Police Officers; training requirements will increase by 35%, as staff expects an increase in reporting to the State and other agencies required under the new law.
  • Staff time for writing reports is estimated annually to be between 2000 and 4000 hours.
  • All municipalities will be required to begin operating body-worn camera systems and for the Village, it will have to be operational by January 1, 2025.
  • The body-worn camera systems are estimated to cost approximately $350,000 to $450,000 in total for five years.

2) The second trend/issue identified is the Village is expected to experience potential increases in violent crimes with offenders using stolen vehicles.

Manager Fieldman explained the strategies and solutions for the increase in reporting hours and training will mean an increase in civilian administrative staff to 1 to 2 full-time staff positions. He recommended putting those in place between FY2022 and FY2023. It is a "learn as we go process" - matching staff to workload. For the required body-cam systems, Fieldman recommended implementing them in FY2022 or FY2023, and to cover that expense, staff recommended using the Asset Forfeiture Fund ($2.6M Dollar balance currently). Lastly, to address offenders/stolen vehicles, he suggested considering purchasing and installing fixed location, automatic license plate reader systems for a cost of $200,000 to $300,000 over a five-year period and, again, using the Asset Forfeiture Fund.

Police Chief Gillette was present to answer questions.

Mayor Barnett reminded the Council and public that the Village is a service delivery organization and what impacts the Village is being commanded to do things by higher authorities; the Village follows laws and those laws affect the Village's budget.

Mayor and Council Comments/Questions

Kulovany: What's the real-time system for a stolen vehicle to be identified?

Police Chief Gillette: As soon as it is reported, it is put in the system; the camera system would have to capture the license plate after the reporting.

Hosé: What's the process of a stolen vehicle within the Chicagoland area?

Police Chief Gillette: Crimes that happen in the area are broadcast to the Police Departments in the region via the Police Emergency Radio Network; once broadcast they would be put in the system.

Gilmartin: This connects the goal of continued innovation; questioned if the system keeps the data it captures as anonymous.

Police Chief Gillette: Yes, but it depends on the service provider and their program; our interest is to proactively find stolen vehicles coming into town and also to be able to get information into the system as soon as possible for violent crimes that occur in our town (i.e. carjacking); regarding data that is retained, there are already policies in place due to the license plate technology we have used for parking enforcement - retention is currently limited to 6 months; however, currently there is a Senate bill proposal limiting retention to 5 years; the data captured can only be used for law enforcement investigative purposes.

Gilmartin: Can the system be used for Amber Alerts or for a crime that may have happened a week prior.

Manager Fieldman: If the Council supports this idea as a strategy, once we bring it back, we can get into the details of policies of when it's used and how it's used; currently, that varies from community to community.

Police Chief Gillette: Yes, it can be used to investigate crimes and the information can be shared with other communities.

Gimartin: Asked if this information can be obtained via FOIA.

Police Chief Gillette: No, under FOIA license plate information is private information and cannot be released. Sadowski-Fugitt: In terms of overall protocol, how can we ensure that it is used in the way it is meant to be used?

Police Chief Gillette: The Lieutenant of Investigations will oversee it. He is also the Commander of DuPage County's Major Crimes Task Force.

Sadowski-Fugitt: Asked what happens if we get a hit on a car in our community.

Police Chief Gillette: Officers in town would get a "real-time" notification with the location of the vehicle and a photo of the license plate. From there the police officers would follow all

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