March 08, 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 2022-9360  -  A. Minutes: Village Council Meeting Minutes - March 01, 2022

Summary: Village Council Meeting Minutes - March 01, 2022

MOTION: To adopt the meeting minutes of the March 01, 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

Marshall Schmitt, 4923 Seeley, expressed his disappointment of the approved amended Zoning Ordinance.  He took issue with comments made by the Council at past meetings and cited sections of the Zoning Ordinance pertaining to non-conforming lots and flag lots.

James Kelly, 5312 Main Street, "Loving Downers Grove" is officially public. Cozzi Corner Hot Dogs and Beef is supporting his organization.  Anyone interested in purchasing gift cards to Cozzi Corner Hot Dogs and Beef can contact Jim at jfkjrone@gmail.com.

David Rose, resident, concurs with Marshall Schmitt and he expressed his disappointment in the amendments to the Zoning Ordinance and with the Village Council.

5. Mayor's Report

A. Materials to be Placed on File - Not Kind of, LLC d/b/a The Foxtail, Class "O" Liquor License

The application is to be placed on file in the Village Clerk's office until Tuesday, March 29, 2022, for two weeks, and is subject to public comment prior to its issuance.  He said barring any objection, once the two week waiting period has passed, the Class "O" Outdoor License will be issued.

Consent Agenda

BIL 2022-9342  -  A. Bills Payable: No. 6650 - March 8, 2022

Summary: No. 6650 - March 8, 2022

MIN 2022-9359  -  B. Minutes: Note Receipt of Boards and Commissions Meeting Minutes

Summary: Note Receipt of Boards and Commissions Meeting Minutes - Board of Fire and Police Commissioners,

12-9-21; Downers Grove Library Board of Trustees, 1-26-22; Human Services Commission, 1-25-22

MOT 2022-9332  -  C. Motion: Approve an Agreement with JA Johnson Paving Company of Arlington Heights, Illinois in the Amount of $1,213,354.76 for the Prairie Avenue Resurfacing Project

Summary: This motion approves an agreement with JA Johnson Paving Company of Arlington Heights, Illinois in the amount of $1,213,354.76 for the Prairie Avenue Resurfacing project.

RES 2022-9331  -  D. Resolution: Approve the First Extension to the Contract with Alliance Contractors, Inc. in the Amount of $536,824.26 for the 2022 DBD Crosswalk & Accessibility Upgrades RES #2022-22

Summary: This resolution approves the first extension to the contract with Alliance Contractors, Inc. in the amount of $536,824.26 for the 2022 DBD crosswalk & accessibility upgrades.

RES 2022-9366  -  E. Resolution: Appropriating an Additional Amount of $40,000.00 of Motor Fuel Tax (MFT) Funds for the 2022 Annual Roadway Resurfacing Program RES #2022-23

Summary: This resolution appropriates an additional amount of $40,000.00 of Motor Fuel Tax (MFT) funds for the 2022 Annual Roadway Resurfacing Program.

MOT 2022-9368  -  F. Motion: Approve an Agreement with KLOA, Inc. of Rosemont, Illinois in an Amount Not-to-Exceed $45,000.00 for On-Call Traffic Engineering Services Including Neighborhood Traffic Study #8

Summary: This motion approves an agreement with KLOA, Inc. of Rosemont, Illinois in an amount not-to-exceed $45,000.00 for on-call traffic engineering services including Neighborhood Traffic Study #8.

RES 2022-9367  -  G. Resolution: Approve an Amendment to the Agreement with HR Green, Inc. of McHenry, Illinois in the Amount of $24,950.00 for Pedestrian Safety Improvements Design Services Related to Downers Grove North and South High Schools  RES #2022-24

Summary: Approve an amendment to the agreement with HR Green, Inc. of McHenry, Illinois in the amount of $24,950.00 for Pedestrian Safety Improvements Design Services related to Downers Grove North and South High Schools.

RES 2022-9365  -  H. Resolution: Authorize Addendum No. 051-TR with Sentinel Technologies of Downers Grove, Illinois in an Amount of $47,112.00 to upgrade the Village's VoIP Telephone System RES #2022-25

Summary: This resolution authorizes Addendum No. 051-TR with Sentinel Technologies of Downers Grove, Illinois in an amount of $47,112.00 to upgrade the Village's VoIP Telephone System.

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, Glover, Gilmartin, Kulovany, Sadowski-Fugitt, Mayor Barnett

NAYES: None

6. Active Agenda

ORD 2022-9349  -  A. Ordinance: Vacating a Certain Portion of a Public Right-of-Way in the Village of Downers Grove (A 10 Foot Wide Right-of-Way Located at 6000-6014 Fairview Avenue) ORD #5915

Summary: This ordinance vacates a certain portion of a public right-of-way in the Village of Downers Grove (a 10-foot wide right-of-way located at 6000-6014 Fairview Avenue).

MOTION: To adopt an ORDINANCE VACATING A CERTAIN PORTION OF A PUBLIC RIGHT-OF-WAY IN THE VILLAGE OF DOWNERS GROVE (A 10 FOOT WIDE RIGHT-OF WAY LOCATED AT 6000-6014 FAIRVIEW AVENUE), as presented ORD #5915

RESULT: Motion carried unanimously by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Walus

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

NAYES: None

ORD 2022-9350  -  B. Ordinance: Rezoning Certain Property Located at 6000-6014 Fairview Avenue ORD #5916

Summary: This ordinance rezones certain property located at 6000-6014 Fairview Avenue.

MOTION: To adopt an ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 6000-6014 FAIRVIEW AVENUE, as presented ORD #5916

RESULT: Motion carried unanimously by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Walus

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

NAYES: None

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

RES #2022-26

Summary: This resolution approves the Final Plat of Subdivision for 6000-6014 Fairview Avenue.

MOTION: To adopt an ORDINANCE APPROVING THE FINAL PLAT OF SUBDIVSION FOR 6000-6014 FAIRVIEW AVENUE, as presented RES #2022-26

RESULT: Motion carried unanimously by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Walus

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

NAYES: None

ORD 2022-9334  -  D. Ordinance: Authorizing a Special Use for 1000-1010 75th Street to Permit a Personal Vehicle Repair and Maintenance Business ORD #5917

Summary: This ordinance authorizes a special use for 1000-1010 75th Street to permit a personal vehicle repair and maintenance business.

MOTION: To adopt an ORDINANCE AUTHORIZING A SPECIAL USE FOR 1000-1010 75^TH STREET TO PERMIT A PERSONAL VEHICLE REPAIR AND MAINENTANCE BUSINESS, as presented ORD #5917

RESULT: Motion carried unanimously by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Walus

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

NAYES: None

7. First Reading

MOT 2022-9347  -  A. Motion: Approve the 2022 Street Resurfacing Contract B to K-Five Construction Company of Westmont, Illinois in the amount of $2,689,352.56

Summary: This motion approves the 2022 Street Resurfacing Contract B to K-Five Construction Company of Westmont, Illinois in the amount of $2,689,352.56.

Village Manager, David Fieldman, introduced Assistant Director of Public Works, Jim Tock.  Mr. Tock explained this contract is part of the Village's Roadway Maintenance Program.  Other contracts that are part of the program include crack sealing and patchwork.  The lowest bidder of this contract was K-Five Construction Company in the amount of $2,689,352.56.  He explained K-Five Construction Company has satisfactorily completed several resurfacing contacts within the Village. 

8. Council Member Reports 

Commissioner Sadowski-Fugitt said that information on the Passport to Dining fundraiser, from the Grove Foundation, is forthcoming.  She wished all a Happy International Women's Day.

9. Manager's Report

MOT 2022-9371  -  A. FRSP Update: Motion: 1) Approve Schematic Design Plans; and 2) Approve the Updated Total Project Budget and Financial Plan for the Facilities Replacement and Sustainability Plan

Summary: The motion 1) Approves the schematic design plans; and 2) Approves the updated total project budget and the financial plan for the Facilities Replacement and Sustainability Plan.

Mayor Barnett called for a 5 minute recess and the meeting reconvened in the Committee Room to discuss the Facilities Replacement and Sustainability Plan (FRSP). 

Manager Fieldman introduced Deputy Village Manager, Mike Baker.  Mr. Baker explained he would be providing an update on the FRSP and Council would be given the opportunity to consider a motion approving the schematic design plans, as well as the updated total budget.  Mr. Baker also introduced David Yandel with FGM Architects and Nicole McElroy with Leopardo Construction Company. 

Mr. Baker reviewed the activity that has taken place on the FRSP including the Council's direction in November, 2021, on the overall budget schedule; the preliminary budget and financial plan; the preliminary site plan; and the exterior elevation objectives.  In January, the Council provided direction on the exterior design and the environmental attributes to be incorporated into the facility. 

Mr. Baker said the new facility would be home to Village Hall, the Police Station and District 58 Administrative Offices.  A portion of the project site would be sold to an apartment developer for the construction of a new apartment building.  He reviewed the timeline of the construction.  It is scheduled to begin in August, 2022 and is estimated to run until the end of 2024.  The current total budget amount is $55M.  Payment for the project will be made by cash on hand and the issuance of bonds.  The Plan does not call for any increase in property taxes to pay for the project.  Mr. Baker further explained there will a neighborhood open house held later this month and a public hearing held at the next Plan Commission meeting.  He said by the end of the summer, Council will be viewing detailed designs and will approve the guaranteed maximum price, establishing the final price and budget for the project.

Mr. Baker continued with the updated cost estimate of the project.  The new estimated amount from Leopardo Construction is $56M, increasing the total by $1M.  Mr. Baker reviewed the cost drivers.  These included the construction costs due to increasing the size of the facility, to accommodate two separate lobby faces, and the construction of parking along Curtiss Street.  He then reviewed the visuals of the original site plan and an alternate site plan.  The original site plan included a sidewalk that separated parking on the site from parking along Curtiss Street.  The alternate site plan shown did not include Curtiss Street parking and instead included a sidewalk with green space on either side.  The cost estimate to include the Curtiss Street parking is approximately $1M.  Removing the Curtiss Street parking would be an option to keep to the original project budget of $55M. 

Next, Mr. Baker spoke of the environmental attributes of the plan.  The $55M budget included $2.6M of environmental enhancements to the project.  In January, Council directed staff to look for opportunities to consider further enhancements.  There is a possibility to include an additional $2.5M of environmental enhancements to the project.  Additionally, staff has identified a way to explore the burial of overhead utilities that run along the railroad tracks at an estimated cost of $1.5M.  If Council decides on the additional environmental enhancements and the burial of overhead utilities that would add an additional $4M to the total budget cost.  Mr. Baker further stated the Village is in a unique position, as due to strong revenue performance, there is additional funding available in the General Fund to cover the additional $4M amount.  He gave a breakdown of the possible additional project costs totaling $4M - not including Curtiss Street parking- and the new project total of $59M. 

Mr. Baker moved on to walking Council through some SD visuals including landscaping plans, views of the site, and basic floorplans.  The exterior visuals included walkways, the building plaza and some of the building's details.  Mr. Baker pointed out the environmental attributes that were incorporated into the appearance of the building.  The interior floorplans showed the locations of the primary functions of the Police Department, Village Hall and District 58 Administration.  Also shown, were shared staff spaces, lobby accesses, meeting rooms and building support spaces.

Village Council Questions/Comments

Mayor Barnett opened the discussion by stating the Council needed to provide direction as it relates to possible budget adjustments. 

Commissioner Hosé asked where on the site plan (of the parking lot) the photovoltaic panels for the carports would be located.

Mr. Baker responded by stating they would be located in the secure police area.  He continued by saying there would also be additional coverage for squad cars and police vehicles that were not parked in the garage.

Mr. Yandal added to the conversation by stating the covered area would also give police staff a straight line into the back door of the Police Department. 

Commissioner Hosé expressed he was in support of all the key points mentioned by Mr. Baker.  He also agreed with the removal of the Curtiss Street parking, as long as staff could give details as to why it will be removed and how that additional parking would be absorbed elsewhere.

Mr. Baker explained that staff did an analysis of the parking system, particularly the commuter lots of the downtown area. He reviewed the number of spaces available and the number of spaces being used. Based on the findings of the analysis, staff believed the system has the capacity to absorb those commuters as the FRSP is implemented.

Commissioner Hosé said he is in full support of the spending the additional $2.5M on the package of additional environmental attributes, as they are great things that can be added to the building.  He continued by saying this is an opportunity for the Village to really showcase how sustainable the Village is and how it takes care of the environment.  He further stated he thinks that burying the utility lines will add to the aesthetics of the building.  He is in favor of saving money on the parking and spending more on what he thinks are great additions to what will be a fantastic building.

Commissioner Sadowski-Fugitt said she is in agreement with everything presented.  She continued by saying with Metra ridership down it is reasonable to remove the Curtiss parking and if ridership goes up, parking can be thought about in a larger more comprehensive way.  She is in favor of all of the environmental attributes, including the additional package.  She said the Village will get a bang for its buck and it will really make a difference when it comes to Carbon emissions and sustainability efforts.  She continued with stating she is in favor of burying the power lines because they affect the views from the train.  She further stated that she would like the views from the Northeast and Northwest to be aesthetically pleasing from the train.  She went on to state as the internal schematics of the building move forward, she suggests considering being all inclusive with gender neutral bathrooms and to consider space for a mother's room or something similar. 

Commissioner Kulovany asked how rainwater harvesting would work and if anything would change when permeable pavers are installed.  He also asked if water could be collected from under the permeable pavers or if it will be absorbed in the ground because there wouldn't be enough soil, causing it to hit an impermeable surface like clay.   

Mr. Yandel said the intent would be to fill cisterns by capturing rainwater off of the roof surfaces.  That rainwater would support the landscaped areas, predominantly on the south side of the site. The permeable pavers would help to reduce the amount of runoff for the parking areas.  He further explained how the site slopes from the north to the south side of the site to assist with this process.

Manager Fieldman responded by stating as the design process proceeds and things get more technical, the level of detail will become clearer.  He continued by saying preliminary indications are that the enhanced system amounts would work, but as the project moves into design development and engineering, there will be more ability to answer those types of detailed questions.   

Commissioner Kulovany spoke of the removal of Curtiss Street parking and saving the $1M.  He mentioned a parking study that was completed a couple years ago and would like to review those findings.  He further mentioned that commuters have other options, like the Grove Shuttle and using buses.  This would allow commuters to park in areas that are outside of the downtown, to avoid congestion in the downtown area.   He continued with speaking about the overhead utilities, saying he has no preference wither way.  He also added that he would like bioswales included in the Plan and would like any additional funds not used on the Plan to be applied toward the follow year's Pension Fund; further stating there is a one-time source of funds that weren't originally in the plan.

Mr. Baker responded by stating that is a topic that will be discussed during the Long Range Plan discussions, including updates on overall financial performance.

Manager Fieldman stated even though all indications at this stage show that all the environmental attributes will work, as the project progresses into design development, there may be findings showing there is not enough rainwater to make all of them work. Manager Fieldman said Commissioner Kulovany's questions can be answered once they are at that level of detail with the project.  Manager Fieldman further stated the broader direction of the night's meeting was to get direction and a motion on schematic design.  In a few weeks, staff would have more detail and will be back with design development.  At that point, if the numbers, the trade-offs or the design features are not to Council's liking, staff would be able to undo some of the decisions that were at this meeting.  

Commissioner Kulovany spoke of the rear view of the building looking like the back door.  He requested something be done to make it look less that way.  He further stated as people head back from the city, the back of the building will be the first thing that strikes them.  He asked if there were attributes from the south or west side of the building that could be brought to the back side of the building. 

Manager Fieldman responded by stating if directed by Council to do so, staff would return with ideas on how that could be accomplished. 

Mayor Barnett added to the conversation about the rear view of the building by stating he would hate to spend $1.5M to take down utility lines, so that people could have a clearer view of the garage doors.

Manager Fieldman said staff would take that as direction to add exterior enhancements to make the rear of the building look more aesthetically pleasing.

Manager Fieldman received confirmation from the rest of the Council that this was the direction to be followed. 

Commissioner Walus expressed she was in agreement with all of the key points and supported all of the recommendations.  She said she is in agreement with the removal of the Curtiss Street parking.  Further stating, since the pandemic hit, it has freed up many parking spots due to Metra ridership being down.  Regarding the burial of utilities, the aesthetics of the building from the train are important and she would like them buried.  She added she liked the touch of the sign on the side of the building, making it viewable from the train.   

Commissioner Gilmartin concurs with fellow Commissioners and agrees with all of the key points and recommendations.  He asked if there is anything that can be done with the garage doors, i.e. special treatments, etc.  He supports all of the recommendations of the night. 

Commissioner Glover stated he was in agreement with the removal of the Curtiss Street parking.  He expressed that he feels the $1.5M on the burial of the utility lines could be allocated elsewhere.  He stated even though the burial of the lines discussed would make the aesthetics better from the train, Metra riders would still see the utility lines across from Washington Street.  He doesn't agree with the cost, unless all of the visible power lines can be buried. 

Mayor Barnett requested staff further define the burial of the powerlines and also provide details on the cost to bury them.  He said as the project progresses, there may be additional escalation from building costs to design changes.  He further stated he would like to wait until getting the final cost before deciding on whether or not it is a high priority item. 

Commissioner Walus asked if this is something we can wait on. 

Manager Fieldman said considering the amount of time it would take to design and the work that would need to be completed with Com Ed, it is something that needs to be looked into now.  He further stated that looking into it does not mean it is something they are obligated to do. 

Manager Fieldman summarized the consensus of the Council regarding the north elevation of the building; consider both the element of the utilities and the building design together when considering the additional $1.5M cost. 

Mayor Barnett expressed that he wants to pursue the additional environmental attributes.  A big part of the value is doing the right thing and setting the best example, even if it is not at the lowest cost.

MOTION: To adopt a motion: 1) Approve schematic design plans; and 2) Approve the updated total project budget and financial plan of $59,000,000.00; remove on-street parking, add in the extra environmental attributes of $2,500,000.00, and explore changes to the north exterior elevation of the building and explore the burial of the overhead utility lines along the north-side of the property. 

RESULT: Motion carried unanimously by voicevote.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Walus

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

NAYES none

Mayor Barnett continued the discussion regarding the design process, more specifically to discuss the naming of the Council Chambers and the design premise and naming of the exterior entry plaza. 

The Mayor suggested naming the Council Chambers after the late Betty Cheevers. In 1983, Betty was the first woman elected to serve at the Mayor of Downers Grove.  She was elected for three terms, serving a total of sixteen years.  During her tenure, she was mindful of the community's desire to maintain a balance between tradition and the necessity for progress.

Prior to serving as Mayor, Betty Cheever served on the Village Plan Commission and was the first woman to serve as Village Commissioner.  Betty served the Village for a total of 32 years.  Betty's service also included serving on the Board of Fire and Police Commissioners, the forum to address cultural activities, the Total Community Development Committee and she chaired the Heritage Festival. 

The Mayor continued by saying Betty's service went beyond Downers Grove.  He named the many boards she served on, some of which she took on the role of President.  Betty was also a tireless voting rights advocate, proponent of citizen involvement and community service.  She went on continuing to register voters well into her retirement. 

Mayor Barnett further listed many of the mile stones the Village accomplished during Betty's tenure.  Those included moving the Village to Lake Michigan Water, partnering in the establishment of Lyman Woods, conducting the TCD planning processes and establishing the Downtown TIF. 

The Mayor said much of what the Village holds dear today was accomplished under Betty's stewardship and leadership.  The Mayor ended by stating Better Cheever was in every sense, a servant leader.  

Mayor Barnett suggested naming the plaza at the entry of the new facility in memory of Isrel Blackburn. Isrel was born into slavery in 1818.  In 1864, he could no longer do the hard work required on the plantation and was forced to enlist in the US Union Army.  His plantation owner, John Bowman, profited from his enlistment into the army.  Isrel served in the Civil War and was a member of the 124^th United States Colored Infantry where he achieved the rank of a first sergeant in the Union Army. 

Isrel's story continued in Downers Grove.  He moved to the Village at the end of the Civil War.  He became friends with avid abolitionists Isreal Blodgett and Samuel Curtiss.  Curtiss eventually sold Blackburn several acres of land on the site that is now owned by the First Congregational Church on Curtiss Street. 

Isrel was very involved and had many accomplishments while in the Village.  In 1874, he was one of the signers of the petition for the incorporation of Downers Grove.  Isrel was involved in teaming and grew and sold vegetables in town.  He was an active member of the Naper Post of the Grand Army of the Republic (G.A.R.) in Downers Grove and participated in many Decoration Day Parades to honor the graves of the Civil War soldiers buried here. 

The Mayor further stated Isrel was esteemed by many and was always noticed when he walked around the Village.  Isrel and two of his sons, Malcolm and Isreal, are all buried in the Main Street Cemetery.

Mayor Barnet stated that Civil Rights is the first calling of our Village government.  He explained plazas and public squares everywhere are often the gathering places for public vote and debate. They are also used for celebrations and demands for change.  When future generations approach their government, he would like them to walk through a physical reminder of what is most important. 

The Mayor asked the design team to incorporate Isrel Blackburn's history and life's journey from slave to landowner into the design of the Village's shared public space.  He would like the plaza to be named Blackburn Civil Rights Plaza. 

Manager Fieldman received direction from the entire Council to name the Council Chambers after the late Betty Cheevers and the plaza located at the entrance of the new facility to be named Blackburn Civil Rights Plaza (after the late Isrel Blackburn).

Manager Fieldman thanked the FRSP Project Manager, Mike Baker, David Yandel (FGM), Nicole McElroy (Leopardo) and the many staff members on the team assisting with this project.  He said he is proud to be a part of the Village team.

Commissioner Kulovany asked about gateway signs.

Manager Fieldman responded by stating there is nothing particular set in place on signage yet.  He continued by stating when the project gets to design development, there will be more detail. 

Commissioner Gilmartin received clarification that gateway signs refers to the signage that will be placed throughout town.

10. Adjournment

Mayor Barnett asked for a motion to adjourn the meeting.

MOTION: