July 06, 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 Walus, Commissioner Sadowski-Fugitt, Commissioner Kulovany, Commissioner Gilmartin, Commissioner Glover

Absent Council Member: Commissioner Hose

Non-Voting: Village Manager Dave Fieldman, Village Attorney Enza Petrarca, and Village Clerk Rosa Berardi

3. Minutes of Council Meetings

MIN 2021-9022 - A.  Minutes:  Village Council Meeting Minutes - June 15, 2021

MOTION: To adopt the meeting minutes of the June 15, 2021 meeting as presented.

RESULT: Motion carried unanimously.

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt,

AYES: Commissioner Glover, Commissioner Gilmartin, Commissioner Kulovany, Mayor Barnett

NAYES: None

4. Public Comment

Mayor Barnett invited public comment for non-agenda items.

• Resident, Scott Richards, 1130 Warren Avenue: Expressed concern about a parking lot near Anderson Bookstore where sign says "permit parking only"; wonders why is it isn't utilized.

Mayor Barnett: That parking lot is privately owned, as are many others in the downtown area; those parking lots may be used in the capacity the owners choose; on the Village Website, the GIS page has an Interactive Maps section where nearly every individual property in the Village can be located with information regarding ownership; information about storm water and zoning can also be located on the Interactive Maps section of the page. 

5. Consent Agenda

BIL 2021-9018  -  A.  Bills Payable:  No. 6602 - July 6, 2021

COR 2021-9024  -  B.  Claims Ordinance:  No. 6415 - Payroll, June 4, 2021

RES 2021-9004  -  C.  Resolution:  Approve an Amendment to the Agreement with Kronos Incorporated in the Amount of $900 for the Purchase of SMS Messaging Features to Enhance the Existing Workforce Central Police Department Scheduling Software res 2021-40

Summary:  This awards an amendment to the agreement with Kronos Incorporated in the amount of $900 for the Purchase of SMS messaging features to enhance the existing Workforce Central Police Department scheduling software.

MOT 2021-9012 -  D.  Motion:  Approve a Contract with Precision Pavement Marking, Inc. in the amount of $90,000.00 for Pavement Marking Striping Maintenance

Summary:  Approves a contract with Precision Pavement Marking, Inc. in the amount of $90,000.00 for pavement marking striping maintenance.

MOT 2021-9011 - E.  Motion:  Approve a Contract with F.H. Paschen, S.N. Nielsen & Associates, LLC to Repair the Cold Storage Building (Former Well House) at 5235 Katrine Ave. in an Amount Not-to-Exceed $111,930.12, which includes a 20% Contingency

Summary:  Approves a contract with F.H. Paschen, S.N. Nielsen & Associates, LLC to repair the cold storage building (former Well House) at 5235 Katrine Ave. in an amount not-to-exceed $111,930.12, which includes a 20% Contingency.

MOT 2021-9009 - F.  Motion: Approve a One-Year Contract with Safebuilt Illinois, LLC in a Not-to-Exceed Amount of $80,000.00 for Residential Development Review Services

Summary:  Approves a one-year contract with Safebuilt Illinois, LLC in a not-to exceed amount of $80,000.00 for residential development review services.

MOT 2021-9008 - G.  Motion: Approve a One-Year Contract with TPI Building Code Consultants, Inc. (TPI) in a Not-to-Exceed Amount of $80,000.00 for Residential Development Review Services

Summary:  Approves a one-year contract with TPI Building Code Consultants, Inc. (TPI) in a not-to-exceed amount of $80,000.00 for residential development review services.

MOT 2021-9029 -  H.  Motion: Approve a Contract with Allied Door, Inc. in the Amount of $32,377.32 for Replacement of Overhead Doors at the Police Station

Summary:  Approves a contract with Allied Door, Inc. in the amount of $32,377.32 for replacement of overhead doors at the police station.

RES 2021-9030  -  I.  Resolution: Approve a Contract with FGM Architects in an Amount not-to-exceed $35,000.00 for Services Related to the Facilities Replacement and Sustainability Plan. RES 2021- 41

Summary:  Authorizes the approval of a Contract with FGM Architects in an amount not-to-exceed $35,000.00 for services related to the Facilities Replacement and Sustainability Plan.

MOTION: To adopt all items on the Consent Agenda as presented.

RESULT: Motion carried unanimously.

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioner Glover, Commissioner Gilmartin, Commissioner Kulovany, Mayor Barnett

NAYES: None

6. Active Agenda

7. First Reading

Mayor Barnett asked the public to limit their comments to five minutes or less and not repeat something that has been said.

ORD 2021-9001 -  A. Ordinance: Approve a Special Use to Permit a Side-by-Side Drive Through at 2500 Ogden Avenue

Community Development Director Stan Popovich used a PowerPoint presentation and referenced the location of the subject property and described the site plan.  The petitioner is seeking a double lane drive-through for ordering with a single pickup lane.  Eight parking spaces will be removed but the site will have over 97 parking spaces while it only requires 48.  The drive-through requires a special use permit and the Plan Commission recommended approval. 

ORD 2021-9000 -  B. Ordinance: Approve a Special Use to Construct a Drive-Through for a 6,480 Square Foot Multi-Tenant Retail Building at 931 and 935 Ogden Avenue

Mr. Popovich used a PowerPoint presentation and located the site which consisted of three lots, two face Ogden and one faces Highland with one building.  The petitioner is proposing to construct a multi-tenant commercial building with the eastern façade having a drive-through (requires a special use). The five curb cuts have been reduced to two - one on Highland Avenue and one on Ogden Avenue; a new sidewalk will be installed on Ogden Ave.; there will be pedestrian connections within the tenant spaces.  The direction of the drive through was reviewed.  An opportunity exists to have a cross-access agreement with the neighbor to the east; staff will work with the property owners, if not now in the future.  Parking spaces will be relocated to the south side, where the 1001 Ogden building will be utilizing those 15 spaces.  Both sites will meet their parking requirements.  The site is categorized as a Corridor Commercial Site; part of Catalyst Site D10. The proposal does meet the Comprehensive Plan and the Plan Commission found that the special use standards were met and recommended approval. 

Mayor Barnett:  Asked if the north sidewalk on Ogden Avenue could be moved further away from the street.

Director Popovich:  He would look into the matter further.

ORD 2021-9007 -  C. Ordinance: Approve the Rezoning from DB (Downtown Business) to DB/PUD (Downtown Business/Planned Unit Development) at the Northwest Corner of Maple Avenue and Washington Street, Commonly Known as 5240 Washington Street, 928 Maple Avenue and 932 Maple Avenue to Permit the Construction of a 167-Unit Apartment Building

Mr. Popovich used a PowerPoint presentation and located the property in the Downtown Business Zoning District, stating it was classified as being in the Downtown Edge Functional Sub-area within the Downtown Focus Area Plan.  The property consisting of 3 parcels, a one story office building, a residential duplex in the middle and a church parking lot.  The petitioner is seeking to construct a seven-story 167 unit apartment building.  The topography of the proposed building reflects 7 stories on Washington Street, but moving west it becomes six stories adjacent to the other units on Maple Avenue. It consists of efficiency units, as well as 1, 2, and 3 bedrooms as well.   Two levels of parking exist with the first level being accessible on Washington Street with 71 parking spaces allowed for the First Baptist Church, along with 76 spaces for the apartments.  The second level is accessible from Maple Avenue and will be resident parking only.  The whole development provides 233 parking spaces. Amenities, building materials, common areas, and key building features were reviewed.  Five on-street parking spaces will be utilized for loading in front of the building.  Mr. Popovich explained how the proposal met the Village's Design Guidelines.  Lighting, landscaping, seating, and balconies were pointed out, as were other features.  Modifications made by the petitioner -- based on public input - were further listed.  The proposal met the zoning ordinance requirements, met the Comprehensive Plan requirements and the Plan Commission recommended approval of the project.  There will be 5 on-street loading and parking spaces provided in front of the principal entrance.  The project is within the build to zone and per the Design Guidelines, this proposal maintains the Maple Avenue Street wall.  Knee walls; water table details; detailing around decorative lighting;  landscaping; outdoor seating; cornice features; principal entry, windows and window placements were reviewed. Parking was reviewed for visitors.  The Planned Unit Development goals were reviewed.  The petitioner made changes due to neighborhood concerns - those changes were reviewed as well. The property is located in the Downtown Focus Area/Downtown Edge Functional Sub-area and is a Catalyst Site B11 (a residential area adjacent to the downtown).   On June 14, 2021, the Plan Commission found the rezoning, the planned unit development and special use standards were met. 

Petitioner Mr. Paul Robertson, Development Director for Opus Development Company, discussed his company's background, presented his plan for the northwest corner of Maple and Washington Streets, and discussed how the project complied with the Village's Comprehensive Plan, Zoning Code requirements and how it was a positive to the neighborhood. 

Mr. Dean Newins, 9700 W. Higgins Road, Rosemont, IL and architect for the project, spoke to the benefits of holding community meetings, listening to the needs of the community and hearing their concerns about traffic volume, loading/unloading, pedestrian safety and pet relief concerns.  Some of the building's design features and landscaping were further clarified to address and be responsive to neighborhood concerns.

Commissioner and Council Comments/Questions

Commissioner Walus: Thanked Opus, staff and especially the residents; the Comprehensive Plan, located on the Village Website, is what guides the Council; she reviewed sections of the Comprehensive Plan that helped her reach her decision and those page numbers were shared; she appreciates the changes that Opus made including building design and parking changes when listening to the requests of the neighboring residents; the proposed site fits in the with Strategic Plan and the Comprehensive Plan; she supports the project. 

Commissioner Sadowski-Fugitt; Echoed Commissioner Walus with thanking Opus, staff and residents; Commissioner Walus read several sections of the Comprehensive Plan she was going to read, so she wasn't going to repeat herself; she read additional sections of the Comprehensive Plan regarding  multi-use (this includes keeping the church in business by maintaining substantial parking for the its users); she is in approval of the plan.

Commissioner Kulovany: Thanked the residents for their input; is impressed with Opus's ability to respond to the residents requests and meet requirements; the property has been zoned Downtown Business since 2005; specifics to that classification were sited; spacing between the Marquis on Maple and this project was mentioned; there was an expectation of higher density in this area; specifics about the Comprehensive Plan were discussed; the younger population is looking to rent in this type of  community and the hope is that once in Downers Grove they will stay in Downers Grove and buy a single family home or condo; he hopes to see first floor retail in the future; the Council appreciates the fact that the residents at the Marquis on Maple are losing their suburban view but because of the nature of the downtown environment it comes with the territory; he supports the petition.

Commissioner Gilmartin: Thanked Opus for their investment in Downers Grove and for listening to the residents and making accommodations; questioned the number of loading spaces (5) and if the time of day the spaces are considered loading spaces (7 am - 3 pm) is negotiable.

Manager Fieldman: If this approved, the loading zones throughout the Downtown area will be reviewed as a whole.  

Mayor Barnett: Asked Director Popovich to describe what "activation" is. 

Director Popovich: It is a term to draw people to public/active spaces, i.e. placing a bench in a certain outdoor area to encourage congregation.

Mayor Barnett invited public comment:  

• Mr. Perry Higa, resident at 4626 Roslyn Road: Addressed the benefits of multi-family developments and the positives to the local businesses and restaurants; he cited what other communities were doing to obtain the same multi-family residents close to the downtown areas; he spoke of the trend of the younger generation needing housing, and the older generation downsizing; also shared the quality reputation of Opus; supports the plan.
• Mr. Tom Burns, a resident of Marquis on Maple: Voiced his concerns about increased traffic volume; pedestrian safety, vehicles exiting the building's garage; more density; size of apartments; taxes; the need for retail and another traffic study; asked whether the Commissioners in support of the project had a personal gain in this.
• Mr. John Symowicz, a resident of Marquis on Maple: Voiced concerns; main concern about the trucks in the loading spaces blocking visibility to vehicles pulling out of the garage - especially because of the senior population walking the area; other traffic issues were voiced.
• Mr. David Morrell, resident at 510 36^th Street: Voiced support for the project; 30 plus year resident, was hesitant when first moving here and is proud now with all development in the downtown area; proud to show Downtown Downers Grove off to friends; other positives include the need for such housing to come to the area to create vibrancy, the quick train ride to Chicago, the need for property values to increase; the added tax revenue.
• Mr. Enrique Del Paz, resident at 5704 Lyman Avenue: Voiced full support for the development and reiterated the above comments; noted the increased foot traffic that will result in increased business in the downtown area; is in full support of the project.
• Ms. Joyce Symowicz, a resident of Marquis on Maple: Referenced her on-line statement; voiced concern about traffic; the people who park in the Marquis and Maple loading zones overnight; the difficulty of driving entering/exiting her building's garage; concern about emergency vehicle access in the area; recommends the loading zone be off-street; asking for the area to be safe for the residents.
• Ms. Pam Berchardt, a resident of Marquis on Maple: 33 year resident of the area; she and residents of her building do support the size and density of the proposed building and the population it will draw - 20-something year-olds and not families; questioned where school buses will pick up children; questioned handicap parking, the loading zone hours, the parking garage door being open for the church possibly attracting homeless individuals.
• Mr. Dennis Goner, resident at 5252 Washington Street: Supports the project and believes the issues being raised well addressed by the Village; he discussed his initial concerns about construction of the Marquis on Maple and and the other projects that took place five years ago - said even though it was rough, it was for "the greater good' (as told to him by Village staff); he expressed his confidence in the leaders of the Village and supports the project.
• Pastor Don Zimmerman, First Baptist Church, and Downers Grove: Spoke that the congregation supports the project; clarified the churches parking garage will have a controlled door and parking area that can be accessed by members of the church and the teachers as they arrive/depart. The door will not be open at night.
• A resident (did not share name); Shared his support for the proposal and shared his family's involvement in the community; said it will bring positives to the community.
• Ms. Theresa Schultz, 1307 Maple, Downers Grove: Stated not only does she resident on Maple, she owns the office space at 947 Maple and is the seller of the 928 Maple property, a part of this development; purchased three properties on Maple Avenue because she loved the community; .spoke about the positives of moving to Maple Avenue and being able to walk to the downtown shops - which she sells to her clients; she spoke of the positives of 300 residential units coming to the downtown area since 2018; businesses have seen an increase in revenue; she has been to concept plan meetings with Opus and is a supporter of the project.

Mayor Barnett relayed that this matter will be on next week's agenda with more opportunities for discussion.

ORD 2021-9006 -  D. Ordinance: Approval of a Planned Unit Development (PUD) at the Northwest Corner of Maple Avenue and Washington Street, Commonly Known as 5240 Washington Street, 928 Maple Avenue and 932 Maple Avenue to Permit the Construction of a 167-unit Apartment Building

ORD 2021-9005 -  E. Ordinance: Approve the Special Use to Permit the Construction of a 167- Unit Apartment Building Located at the Northwest Corner of Maple Avenue and Washington Street, Commonly Known as 5240 Washington Street, 928 Maple Avenue and 932 Maple Avenue

8. Manager's Report

9. Attorney's Report

Pursuant to Section 2.5 of the Downers Grove Municipal Code, the following were presented for Village Council consideration:

1. An ordinance authorizing a special use for 2500 Ogden Avenue to permit a restaurant with a side-by side drive-through.
2. An ordinance authorizing a special use for 931 and 935 Ogden Avenue to permit a multi-tenant retail building with a drive-through.
3. An ordinance rezoning certain property located at 5240 Washington Street, 928 Maple Avenue and 932 Maple Avenue.
4. An ordinance amending the Zoning Ordinance of the Village of Downers Grove, IL to designate the property at 5240 Washington Street, 928 Maple Avenue and 932 Maple Avenue as Planned Unit Development #64 and to authorize a 167-unit multi-family residential development.
5. An ordinance authorizing a special use for 5240 Washington Street, 928 Maple Avenue and 932 Maple Avenue to permit a 167-unit multi-family residential development.

10. Mayor's Report

A.     Materials to be Placed on File - Fresh Thyme Market Application for a Liquor License Upgrade

Mayor Barnett formally announced the above-referenced liquor license application will be on file for two weeks, subject to public comment prior to the issuance of a new license (full alcohol license). 

B.     Materials to be Placed on File - Bowl O Biryani Application for Liquor License Corporation Change

Mayor Barnett announced the above-referenced liquor license application will be on file for two weeks, subject to public comment prior to the issuance of a new license (full alcohol and outdoor liquor license). 

11. Council Member Reports

Commissioner Sadowski-Fugitt: Announced the Grove Foundation Annual Golf Outing is scheduled for Saturday, September 11, 2021. 

Commissioner Walus: Announced that Ben's (Silver) Memorial Mile, a fundraiser for mental health and suicide prevention, is taking place on Saturday, July 31, 2021 at Downers Grove North with races and walks.  Register at www.Bensmemorialmile.com.

12. Adjournment

MOTION: To adjourn the July 6, 2021, Village Council meeting.

RESULT: Motion carried unanimously.

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt,

AYES: Commissioner Gilmartin, Commissioner Glover, Commissioner Kulovany, Mayor Barnett

NAYES: None

Mayor Barnett declared the motion carried by voice vote and the meeting adjourned at 8:39 p.m.

Respectfully submitted,

Rosa Berardi

Village Clerk