March 01, 2022

In order to give as many visitors as possible an opportunity to speak and in the interest of adjourning the meeting by 9:00 p.m., please limit your comments to 5 minutes in length, unless further time is granted by Council.  Thank you.

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.

2. Roll Call

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

Council Attendance (Not Present):   None

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

3. Minutes of Council Meetings

MIN 2022-9328  -  A. Minutes: Village Council Meeting Minutes - February 15, 2022

Summary: Village Council Meeting Minutes - February 15, 2022

MOTION: To adopt the meeting minutes of the February 15, 2022 meeting, as presented.

RESULT: Motion carried unanimously by voice vote.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Walus

AYES: Commissioners Hosé, Walus, Glover, Gilmartin, Kulovany, Sadowski-Fugitt, Mayor Barnett

NAYES: None

4. Public Comment

Mayor Barnett gave the guidelines for public comment and explained that members of the public can ask questions or engage Council members through the Village's rEmarks system, the CRC (Community Response Center), direct email, phone, at Coffee with the Council.

Tom Schroeder, 4815 Forest, spoke of the Paralympics - specifically Allie Johnson, her family and background.  He encouraged everyone to watch.

Marshall Schmitt, 4923 Seeley, said he had an issue with comments made toward him at the last Council meeting.  Read aloud sections of the Zoning Ordinance and expressed his disagreement with Council's approval of text amendments to the Zoning Ordinance. He noted he will continue to address his points over the next several weeks..

James Kelly, 5312 Main Street, spoke of a fundraiser that will involve Cozzi Corner Hot Dogs & Beef called "Loving Downers Grove." 

David Rose, resident, stated his disagreement with the Zoning Code amendments that passed unanimously at the last Village Council meeting and shared his thoughts on why he disagreed.

Mayor Barnett said the purpose of the Council meetings is to conduct business.  He noted that regardless of anyone's differing opinion, decisions made are within Council's purview.  The Mayor informed the residents that meeting videos and documents are available concerning agenda items. He requested moving forward, people do not take Council's time by reiterating and repeating their disagreements with the Council's vote.

5. Mayor's Report

A. 2021 Annual Report

The Mayor gave a presentation outlining the Village's achievements in 2021.  He credited those achievements to the collaborative efforts of an outstanding team of residents, volunteers, stakeholders, Village staff members and elected officials.  The Mayor welcomed new Commissioners Chris Gilmartin and Danny Glover to the Village Council.  He noted the resilience of the Village during the COVID pandemic and spoke of the top quality municipal services provided.  He said the goals of the current and prior Village Councils is to remain focused on common goals benefitting the community.

Mayor Barnett spoke of the transformation of the downtown area that resulted in its overwhelming success, mentioning the tax increment finance (TIF) established in 1997, the efforts of the Economic Development Corporation and the Downtown Management Corporation over the past 20 years.  Special thanks were given to past Mayor Betty Cheever and several past Village Council members.

The Mayor spoke of the need to replace the Village Hall and Police Station.  He said the plan is to build a new facility on the Civic Center property that will house a combined Police Station, Village Hall and will also include School District 58 administrative offices.  The Mayor stated that a portion of the Civic Center site will no longer be needed for Village operations and will be sold for redevelopment.  The project cost is $55M and allows the new facility to be substantially completed by early 2024; all without the need for additional revenue.  He said as the project progresses through the design phase, there will be multiple opportunities for public input; a neighborhood meeting is to take place in March and a public hearing at the Planning Commission meeting in April. Opportunities for public input will be announced well in advance.

Mayor Barnett spoke of the success of the Downtown Dining Program.  He attributed the success to the Village's commitment to working with the local business community to minimize the obstacles that may have prevented them from doing their best.  That commitment, coupled with the extensive input of the Downtown Management Corporation (DMC), allowed the Village to establish a process to allow restaurants to safely operate outdoor dining during Phase III of the Restore Illinois Plan. Additionally, more 15 minute parking spaces were added to the downtown to improve customer access for retail and service businesses.  The program has been the "silver lining" of the pandemic and the Village will continue to work with its partners to refine and improve the experience.

Since 2006, the Economic Development Corporation (EDC) and the Village have worked together to attract new businesses, as well as work to diversify and strengthen the economic vitality of the Village.  The Mayor reviewed the list of the many economic projects the Village helped facilitate last year.  He thanked the Village Councils and EDC Board Members who have supported the EDC since its inception 15 years ago.

The goals and operating plans of the DMC and EDC have been aligned to support the Village's strategic goals and priority action items; the Village has identified long term sustainable funding sources for both of its partner organizations.

The Mayor said during 2021 the Village invested $17M on 25 infrastructure projects.  He said that infrastructure systems and economies are interrelated.  Quality infrastructure can increase connectivity, facilitate productivity, create jobs and stimulate investment.  The Mayor reviewed the key projects of the past year.

The Mayor outlined the investments made and the costs associated with the Village's stormwater infrastructure improvement projects and to create the stormwater utility.  He explained the function of the stormwater utility, as well as plans moving forward. The Mayor reviewed the key projects of the past year; also giving a history of the storm water infrastructure improvement projects and the scheduled planned projects of the future.

The Mayor spoke of the Village's review of the gaps in its sidewalk system and prepared a plan for the construction of additional sidewalks near district 58 schools. The plan approved by the current Village Council last year, calls for the construction of five new sidewalk segments near four schools over the next four years. The Mayor gave the details of plans.  The sidewalks are near Fairmount, Pierce Downer, O'Neil and Herrick schools.

The Mayor spoke of the Village's participation in two COVID vaccine clinics, presented by the District 99 Consortium.  The clinics were a success resulting in over 1300 people receiving vaccines.  The Village played a significant role in the success, focusing its efforts on arranging appointments for senior residents and staffing the event with paramedics, police officers and executive staff members who provided operational assistance.  This is another demonstration of the Village's working relationship with other government agencies.

The Mayor discussed Federal and State grants ($4.8M) to assist in funding vital public services.  This including major infrastructure projects, street resurfacing, tobacco enforcement, and life-saving equipment for our first responders. The Mayor expressed thanks to the diligent work of our Village team. The total for grants obtained last year included $2.5M in Coronavirus State and local fiscal recovery funds.

The Mayor spoke of the Village's adoption of the updated Downtown Design Guidelines.  He thanked the Historic Preservation and Design Review Board for their efforts in the new guidelines. The document provides valuable guidance on building design throughout the downtown. The purpose of these updates is to make sure developments meet or exceed established design criteria, in addition to providing an opportunity for public awareness early in the review and approval process.  This is all while maintaining an efficient, predictable and reliable permitting process.

The Mayor spoke of the Village receiving recognition for good work.  He read aloud a list of awards received by the Village's Communication Department, Finance Department, and Fire Department.

Mayor Barnett said the achievements noted are a testament to the goodwill of the many people who share their time and talents for the betterment of the Village.  He considers his job to be a privilege. The Mayor thanked Council colleagues, staff and partner organizations.  He stated he looks forward to 2022.

B. Application for a Class O Outdoor Liquor License from Orange & Brew LLC, located at 1027 Burlington Ave.   The application is to be placed on file in the Village Clerk's office until Tuesday, March 21, 2022 for two weeks and subject to public comment prior to the issuance.  He said barring any objection, once the two week waiting period has passed the Class O Outdoor License will be issued.

6. Consent Agenda

BIL 2022-9357  -  A. Bills Payable: No. 6648 - March 1, 2022

Summary: No. 6648 - March 1, 2022

COR 2022-9330  -  B. Claims Ordinance: No. 6447, Payroll - February 11, 2022

Summary: No. 6447, Payroll - February 11, 2022

MOT 2022-9341  -  C. Motion: Authorize a Fee Waiver in the Amount of $5,710.00 to Little Friends, Inc. for Building Permit Fees

Summary: This motion authorizes a fee waiver in the amount of $5,710.00 to Little Friends, Inc. for building permit fees.

MOT 2022-9345 -  D. Motion: Approve an Agreement with Denler, Inc. of Mokena, Illinois in the amount of $52,400.00 for the 2022 Crack Sealing Project

Summary: This motion approves an agreement to Denler, Inc. of Mokena, Illinois, in the amount of $52,400.00 for the 2022 Crack Sealing Project

MOT 2022-9344  -  E. Motion: Approve a Three-Year Agreement with Advance Sweeping Services Inc. of Lake Forest, Illinois in the amount of $728,991.20 for Street Sweeping Services

Summary: This motion approves a three-year agreement with Advance Sweeping Services Inc. of Lake Forest, Illinois in the amount of $728,991.20 for street sweeping services.

RES 2022-9343  -  F. Resolution: Approve a Three-Year Agreement with Total Parking Solutions, Inc., of Downers Grove, Illinois  in the amount of $67,320.00 for the Maintenance of the Village's Multi-Space Parking Revenue Terminals RES #2022-18

Summary: This resolution approves a three-year agreement with Total Parking Solutions, Inc., of Downers Grove, Illinois in the amount of $67,320.00 for the maintenance of the Village's multi-space parking revenue terminals.

RES 2022-9351  -  G. Resolution: Approve an Employee Leasing Agreement with GovTempsUSA RES #2022-19

Summary: This resolution approves an employee leasing agreement with GovTempsUSA.

RES 2022-9353  -  H. Resolution: Approve an Agreement with The Walker Thomas Group in the Amount of $29,250.00 to Provide Diversity, Equity and Inclusion Training for Village Staff  RES #2022-20

Summary: This resolution approves and agreement with the Walker Thomas Group in the amount of $29,250.00 to provide diversity, equity and inclusion training for Village staff.

RES 2022-9354  -  I. Resolution: Approve an Amendment to the Agreement with Axon Enterprise, Inc. in the amount of $36,423.00 to Purchase an Automatic Electronic Tagging Program with Five-Years of Auto-Tagging     RES #2022-21

Summary: This resolution is an amendment to the agreement with Axon Enterprise, Inc. in the amount of $36,423.00 to purchase an Automatic Electronic Tagging Program with Five-Years of auto-tagging.

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

RESULT: Motion carried unanimously by voice vote.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Walus

AYES: Commissioners Hosé, Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Barnett

NAYES none

7. Active Agenda

No Active Agenda

8. First Reading

REP 2022-9309  -  A. Report: Discussion of Speed Reduction Measures on the 4800 Block of Forest Avenue

Andy Sikich, Public Works Director, presented item A of the First Reading agenda - Speed Reduction Measures on the 4800 Block of Forest Avenue.  Mr. Sikich gave an explanation of the current situation which includes a 20 mph speed limit, 2 hour parking allowed on the west side of the street - which is restricted between 4 -6pm, and an all way stop sign at the north end of the block at Prairie Ave. Mr. Sikich then reviewed the most recent daily traffic counts with the average vehicle speeds at 32 to 33 mph.  He shared the possible improvement measures that could be taken to reduce speeds.  Those options included increasing the speed limit to 25 mph - to match that of surrounding streets, allowing for effective enforcement of the speed limit (current State statue doesn't allow radar evidence to be admissible within 500 feet of a speed limit change); eliminate the existing parking restrictions between 4-6:00pm completely - parked cars physically and visually narrow lane widths; adding a double yellow centerline stripe and white parking box striping; adding chicanes and curb bump-outs at several locations throughout the block.  Mr. Sikich showed illustrations of examples of striping, chicanes - some solely cement and others with grass; he mentioned that chicanes are expensive to install but are impactful and maintain the character of the neighborhood.  He then gave a list consisting of 63 known street segments, similar to that of Forest Avenue, with similar traffic patterns and speeds. He provided an illustration of the chicanes that are part of the School District 99 Pedestrian Safety Plan, approved tonight, and are recommended to be used on Highland Avenue between Lincoln and Grant.  The plan is currently being implemented and will be featured in a public information meeting later this spring.   Mr. Sikich discussed the outcome of the TAP Commission meeting held on January 12, 2022, noting that TAP recommended removing the 4-6pm parking restriction, allowing parking on both sides of the street, and reducing the speed limit to 20 mph on Forest between Franklin and Warren. He gave further details on TAP's recommendations.

Village Council Questions/Comments

Commissioner Hosé asked if the volume of north and southbound traffic changed in comparison to the last couple of traffic counts.

Mr. Sikich indicated after the temporary barricades were removed from the intersection of Forest and Prairie, counts went up from 1300 to approximately 1400-1500 vehicles a day.  Historically the volume has been anywhere from 1600-2300 vehicles per day. 

Commissioner Gilmartin stated that he understood an EMS vehicle could get through if cars were parked on both sides of the street, but questioned if two cars could pass each other as well. Also asked if there was any data as to the current number of cars parking on the street, as that would be a variable to consider to give an apples to apples comparison to chicanes.

Mr. Sikich stated an EMS vehicle could fit with two vehicles parked on either side of the street, however, there would not be enough room for two cars to pass each other and one would have to wait its turn (slowing them down).    Mr. Sikich said he had no data on that anecdotally, but people do park on the street. 

Commissioner Kulovany asked what units of government had a role in the District 99 Traffic Safety Study, in particular, was DuPage County involved.

Manager Fieldman stated the Village oversaw the contract and administered it. The County was involved after the completion of the plan, particularly on the South High area of jurisdiction (Main Street area).

Mayor Barnett clarified further by stating the Village and District 99 worked together.  Sam Schwartz (the company hired for the study) came up with some possible recommendations; some of those recommendations required the County's involvement. 

Commissioner Sadowski-Fugitt asked if the speed limits in the area are primarily 20 or 25 mph.  Also spoke of adding options incrementally to reduce speeds.  She requested the use of striping first to see if it helps and take it from there by possibly testing chicanes with a less expensive method (i.e., barriers or other things to use during a test period of time). 

Mr. Sikich said to his knowledge the area is primarily 25 miles per hour.  He said he could temporarily construct something to mimic chicanes.

Commissioner Glover questioned the enforceability of the 20 mph speed limit versus the 25 mph speed limit; asked why TAP is recommending extending the 20 mph further.

Mr. Sikich reviewed the State statute regarding radar evidence; said it would be enforceable but only in the short stretch the 20 mph speed is extended to - 500 feet into the speed limit change. 

Manager Fieldman said staff has concerns about setting an expectation of enforcement they will not be able to meet; staff prefers using techniques to lower traffic speeds that do not require police enforcement; striping and chicanes.  

Commissioner Gilmartin asked about penalties for speeding; when the amount of the penalty increases

Village Attorney Enza Petrarca explained the State structure regarding fines; fines would not dramatically change if the speed limit is only changed by 5 mph.

Commissioner Kulovany questioned at what point speed limit changes are enforceable.

Mr. Sikich stated that speeds are only enforceable 500 feet from where the speed limit changes. 

Mayor Barnett questioned whether the enforcement of speed limits would be dependent on the direction travelled.

Mr. Sikich confirmed that is correct. 

Mayor Barnett offered the abundant evidence pointing to the complete lack of attention by people regarding speed limits and its resulting problems, both practical and technical.  He said he remains skeptical as to whether the speed limit is 20 or 25, it will not make any difference.

Commissioner Kulovany questioned the possibility of having a delegated person for traffic enforcement.

Manager Fieldman noted it would depend on other calls coming in and the variables involved; if there is an emergency than all hands are on deck.

Public Comment

Tom Schroeder, resident, returned to the podium.  He stated many of his neighbors from the 4800 block of Forest Ave gave him their statements and he was there before the Village Council to speak on behalf of himself and those neighbors. He requested the posted speed limit remain at the current speed of 20 mph.  He stated the neighborhood is collectively opposed to both striping and chicanes and feel none of the 63 examples offered by Mr. Sikich can be compared to Forest Avenue.  He further stated he felt as if residents are not being given fair consideration. He gave the history on the volume and speeds of cars in his neighborhood and the changes that have been made by the Village thus far to alleviate the traffic volume and speeds.  He spoke of the research he has done and offered his recommendations to resolve the existing problems.  He suggested installing a right turn only at Forest and Franklin and adjusting the stoplight timing at Franklin and Main.  Mr. Schroeder stated that he hopes to see this matter on next week's Active agenda, so that it may be voted on. 

Village Council Questions/Comments

Commissioner Hosé thanked Mr. Schroeder for his input but was disappointed that the concern appears to have more to do with the physical aspect rather than the speed issue.  Commissioner Hosé stated he has no interest in stopping traffic from moving north on Forest - possibly in the future, but not at this time.  He said he is in agreement with the recommendations from staff; chicanes and striping will make people slow down.  He disagreed with the comparison of the Forest issue with that of Webster.  Webster feeds into 55^th Street and there were significant visibility issues and 55^th street was 5 lanes wide; Prairie is busy but doesn't compare to 55^th Street.  Commissioner Hosé said the 63 streets mentioned earlier meet the same criteria in terms of traffic, volume and speed as Forest.   He would like to install chicanes and striping.  He further stated if that means going back to TAP to have neighborhood meetings, he is good with that; he wants to jump right in and not waste time.

Commissioner Walus asked staff for clarification of past discussion that have happened concerning the left turn light located at Main and Franklin.

Manager Fieldman said it came up last October during discussion on this topic.  There is concern changes to that traffic signal could back up Main Street traffic, causing a situation where drivers could look for alternative routes to avoid Main Street. 

Commissioner Sadowski-Fugitt empathized with the concerns of northbound traffic and speeding issues, 1200 cars is a lot on a small block.  She said she is in the minority with agreeing with the right turn only at Forest and Franklin.  She prefers looking into something mimicking chicanes, for a short period of time.  She asked if it would be possible to have a series of parking spots staggered, with striping mimicking chicanes in areas and an additional physical temporary barrier (also mimicking chicanes) at the front of the section - so that people couldn't drive through them.  She further stated she does not want to spend tens of thousands of dollars on chicanes right off the bat.

Mayor Barnett compared what Commissioner Sadowski-Fugitt described to the physical narrowing as a function of ending the parking box on Carpenter. 

Manager Fieldman stated that temporary chicanes could be put together by the Public Works team to test the chicane concept in a low cost manner, prior to making the costly investment.

Mayor Barnett emphasized the need to take small steps first and continue down that path; he wants to preserve the functionality and accessibility of that street for all the residents in town.  He agrees speed is an issue and believes that adding physical barriers will slow cars down.  He is good with starting by installing temporary chicanes.  He wants to take iterative steps, accidents were addressed first and now speeds will be addressed.   

Commissioner Kulovany spoke of a neighborhood with parking spots delineated by white lines, with a bump out at the end; looks fine to him and serves its purpose to control speeds. He said he is concerned with northbound traffic speeding on Forest.  He lives on the southwest side of town and it is hard to avoid using Forest as a through street.  He said it is much easier to drive southbound than it is to travel northbound.  In favor of temporary measures and making the street less comfortable to use as a cut through.  The changes made on Prairie have been effective and believes they will be in this case too.  Commissioner Kulovany suggested consulting with the traffic engineer the Village has hired for his thoughts on this as well.

Commissioner Gilmartin said he is in support of the efforts to reduce speeds and to reduce volume of cut through traffic; hopes recommended methods that control speeds will also control volume.  He said he could agree with the right turn only at Forest and Franklin.

Commissioner Walus spoke of having striping and chicanes near her neigborhood and never noticing them. She says it is a balancing act to give the residents the peace of mind they need and also think about the community as a whole when taking any measures to control traffic. If permanent chicanes are installed, her preference is for natural (grass) ones.  She is in favor of smaller incremental steps.  If these measures take care of the speeds, the volume may not be as much of an issue to the residents.  She further stated she is not on board with the right turn only at Forest and Franklin.

Commissioner Glover stated his belief that incremental temporary measures with the chicanes is the right approach.  He said he favors the 20 mph speed limit all the way down to the library.

Mayor Barnett asked about maintenance cost for striping and any maintenance cost to chicanes. He also inquired about the length of time the temporary measures will be tested. 

Manager Fieldman responded to Mayor Barnett stating he acknowledged the Council direction received at the meeting.  He further stated he will return to Council with a proposal after discussing with Mr. Sikich and the members of his team.

ORD 2022-9349  -  B. Ordinance: Vacating a Certain Portion of a Public Right-of-Way in the Village of Downers Grove Located at 6000-6014 Fairview Avenue

ORD 2022-9350  -  C. Ordinance: Rezoning Certain Property Located at 6000-6014 Fairview Avenue

RES 2022-9333  -  D. Resolution: Approving the Final Plat of Subdivision for 6000-6014 Fairview Avenue

Manager Fieldman introduced Community Development Director Stan Popovich to discuss items B-D on the First Reading agenda. 

Mr. Popovich presented items B-D of the First Reading agenda.  He provided detailed information, via a PowerPoint presentation, concerning a right-of-way vacation, a zoning map amendment and a Plat of Subdivision regarding a three acre single property located at 6000-6014 Fairview Avenue.  The property will be subdivided into 7 lots, meeting the new 75 foot minimum lot width and lot areas defined in both the Subdivision and the Zoning Ordinance.  He further explained the property will be rezoned from R1 to R3.  He continued with an explanation about stormwater runoff; it will be rerouted and will tie into an existing storm sewer that will reroute runoff to an outlot.  The outlot will serve to provide a stormwater management detention basin for the subdivision itself.  Mr. Sikich spoke of the alignment with the Comprehensive Plan.  He also stated the Plan Commission found the standards for rezoning were met and the proposed lots met the Plat of Subdivision requirements as shown in the Subdivision Ordinance.  There were no questions or comments from the audience or Council.

ORD 2022-9334  -  E. Ordinance: Authorizing a Special Use for 1000-1010 75th Street to Permit a Personal Vehicle Repair and Maintenance Business

Mr. Popovich continued with his PowerPoint presentation and presented item E of the First Reading agenda.  He provided detailed information about the property, a commercial building divided into two tenant spaces, located at 100-1010 75^th Street.  He further stated the building tenant will operate a personal vehicle repair and maintenance business.  A special use is requested to install a handicap stall and a regular parking space in front of the building, provide a pedestrian connection to 75^th Street, to install a trash enclosure, and to improve landscaping.  In February, the Plan Commission found the special use standards were met.  

Village Council Questions/Comments

Commissioner Kulovany pleased with the ordinance authorizing a Special Use for 1000-1010 75^th Street to permit a personal vehicle repair and maintenance business.  He is also pleased with ordinances and resolutions relating to the property at 6000-6014 Fairview Avenue, specifically that single-family homes are being constructed

Mayor Barnett expressed his appreciation for people investing in the community, particularly those that look for ways to beautify their spaces.

ORD 2022-9346  -  F. Ordinance: Amending Outdoor Dining Provisions

Mr. Popovich presented item F of the First Reading agenda.  He said after the Village Council adopted changes to the Village's outdoor dining program (for the downtown area), the Council directed staff to explore further amendments to the regulations for outdoor dining in areas outside of downtown.  The amendments proposed at this meeting are provided for the outdoor dining dates of March 15^th through November 15^th.  He spoke of the specifics including seating, parking, tents, and exemptions to the amendments.

Village Council Questions/Comments

Commissioner Glover said he was pleased with the extension to include areas outside of the downtown area; wants to direct staff to remove the restrictions on tents and also wants to explore options to include properly installed temporary structures.  He acknowledged that permanent structures are preferable to many, but doesn't believe businesses can afford them at this time.  He said he would like to see the drafting of an ordinance relative to tents.  He further stated he would like to explore the potential to amend the Building Code section of the Municipal Code that limits the operation of tents to 180 days; he requested a change to mirror the dates of the Outdoor Dining Program, March 15^th through