April 05, 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 2022-9375  -  A. Minutes: Village Council Meeting Minutes - March 15, 2022

Summary: Village Council Meeting Minutes - March 15, 2022

MOTION: To adopt the meeting minutes of the March 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), Coffee with the Council, direct email, or by phone.

David Rose, resident, recited a poem about trees and expressed his disappointment with the removal of trees at the Longfellow property.

5. Mayor's Report

 A.  Materials to be Placed on File - Class "O" Outdoor Liquor License Carnivore & The Queen, LLC d/b/a Carnivore & Queen
 B.  Chauma Gaucha Brazilian Steakhouse Downers Grove, Inc. d/b/a/ Chauma Gaucha Brazilian Steakhouse - Class "O" Outdoor Liquor License
 
These applications will be placed on file in the Village Clerk's office for two weeks and are subject to public comment prior to their issuance.  The Mayor said barring any objection, once the two-week waiting period has passed, a Class "O" Outdoor License will be issued.  The applications were placed on file Tuesday, April 5, 2022.

6. Presentation

REP 2022-9412  -  A. Report: Economic Development Corporation Annual Report

Michael Casa, President and CEO of the Economic Development Corporation presented the Annual Report.  Mr. Casa's presentation can be located with the Village Council meeting materials online.  

Village Council Questions/Comments

Commissioner Kulovany clarified that occupancy rates is referring to spaces that are rented.

Mr. Casa responded to Commissioner Kulovany sating he is correct.

Commissioner Gilmartin thanked Mr. Casa for the report. He stated he liked the comparison to nearby towns; noted that the unemployment statistics were presented as rates of change rather than raw percentages.  He continued by stating that seeing the raw percentages would be more helpful.  Commissioner Gilmartin also asked what information shared is most compelling to businesses wanting to come to Downers Grove. 

Mr. Casa responded stating the adjustment requested to the statistics would be made.  He also said they are working on a data dashboard on the EDC website, showing the figures in real-time.  Mr. Casa's response to why businesses would want to move to Downers Grove was the labor force for both Downers Grove and the County; the employment rate is low for both.

Commissioner Gilmartin asked if there is anything the Village should be focusing on.

Mr. Casa responded by stating the occupancy rates. The Village needs more industrial capacity; currently, capacity is almost maxed out.

Mayor Barnett asked if there would be an opportunity for the Village to earn sales tax for online sales tax from Homage.  Homage has a strong online presence.

Mr. Casa stated that he is not sure how much of Homage's sales are retail; a majority of their sales are to colleges, universities, professional teams, and retail stores.  He said he would research this.

Michael Casa spoke of his time at Downers Grove. His last day with the EDC is on April 14^th.  He thanked the Village Council, Village staff, and community for their support.

Mayor Barnett stated the EDC has played a significant role in the success of the community. He spoke of Michael's role in the evolution of the organization from a startup to a mainstay in the community.  The Mayor thanked Michael for the time and effort he has put into Downers Grove to make it the strong community that it is. He and all wish Michael the best.

7. Consent Agenda

COR 2022-9377 - A. Claims Ordinance: No. 6451, Payroll - March 11, 2022

Summary: No. 6451, Payroll - March 11, 2022

MIN 2022-9388 - B. Minutes: Note Receipt of Boards and Commissions Meeting Minutes

Summary: Note Receipt of Boards and Commissions Meeting Minutes: Plan Commission 1-3-22 & 3-7-22; Community Events Commission 1-20-22; Zoning Board of Appeals 1-26-22; Liquor Commission 2-3-22; Human Service Commission 2-22-22; Board of Fire and Police Commissioners 2-24-22

RES 2021-9231 - C. Resolution: Approve an Agreement Providing for Automatic Aid Between the Village of Downers Grove and the Darien-Woodridge Fire District  RES 2022-30

Summary: This resolution approves an automatic aid agreement between the Village of Downers Grove and the Darien-Woodridge Fire District.

RES 2022-9403 - D. Resolution: Approve an Agreement Providing for Automatic Aid Between the Village of Downers Grove and the Village of Lombard  RES 2022-31

Summary: This resolution approves an automatic aid agreement between the Village of Downers Grove and the Village of Lombard.

RES 2022-9402 - E. Resolution: Approve an Agreement Providing for Automatic Aid Between the Village of Downers Grove and the Lisle-Woodridge Fire District  RES 2022-32

Summary: This resolution approves an automatic aid agreement between the Village of Downers Grove and the Lisle-Woodridge Fire District.

RES 2022-9404 - F. Resolution: Approve and Agreement Providing for Automatic Aid Between the Village of Downers Grove and the Village of Oakbrook  RES 2022-33

Summary: This resolution approves an automatic aid agreement between the Village of Downers Grove and the Village of Oakbrook.

RES 2022-9405 - G. Resolution: Approve an Agreement Providing for Automatic Aid Between the Village of Downers Grove and the Village of Westmont  RES 2022-34

Summary: This resolution approves an automatic aid agreement between the Village of Downers Grove and the Village of Westmont.

MOT 2022-9387 - H. Motion: Approve a Three-Year Agreement with US Gas of Alsip, Illinois, in an Amount Not-to-Exceed $26,000.00 for Medical Oxygen and Nitrous Oxide Delivery and Cylinder Rental

Summary: This motion approves a three-year agreement with US Gas of Alsip, Illinois, in an amount not to exceed $26,000.00 for medical oxygen and nitrous oxide delivery and cylinder rental.

RES 2022-9358 - I. Resolution: Approve a One-Year Agreement with Christine Charkewycz, Attorney at Law, for Ordinance Violation and Traffic Citation Prosecution Services for a Flat Fee of $29,090.00  RES 2022-35

Summary: This resolution approves a one-year agreement with Christine Charkewycz, Attorney at Law, for ordinance violation and traffic citation prosecution services for a flat fee of $29,090.00.

RES 2022-9407 - J. Resolution: Approve an Amendment to the Agreement with Midwest Meter, Inc. for the Purchase of 308 ACLARA 2-Way Meter Transmission Units (MTUs) for a Total Price of $44,814.00  RES 2022-36

Summary: This resolution approves an amendment to the agreement with Midwest Meter, Inc. for the purchase of 308 ACLARA 2-way Meter Transmission Units (MTUs) for a total price of $44,814.00.

MOT 2022-9399 - K. Motion: Approve a Contract to Safety Services & Assessments LLC of Western Springs, Illinois, in the Amount of $68,400.00 for the 2022 Sidewalk Rehabilitation Project

Summary: A motion is requested to award a contract for the 2022 Sidewalk Rehabilitation project to Safety Services & Assessments LLC of Western Springs, Illinois, in the amount of $68,400.00.

MOT 2022-9400 - L. Motion: Approve a Three-Year Agreement with Clarke Environmental Mosquito Management, Inc. of Saint Charles, Illinois, in the Amount of $170,052.00 for Mosquito Abatement Services

Summary: This motion approves a three-year agreement with Clarke Environmental Mosquito Management, Inc. of Saint Charles, Illinois, in the amount of $170,052.00 for mosquito abatement services.

MOT 2022-9398 - M. Motion: Approve an Agreement with Mellennia Professional Services of Downers Grove, Illinois, in an Amount Not-to-Exceed $50,000.00, Plus a 10% Contingency, for Material Testing Services for Capital Improvement Projects

Summary: This motion approves an agreement with Millennia Professional Services of Downers Grove, Illinois, in an amount not-to-exceed $50,000.00, plus a 10% contingency, for material testing services for Capital Improvement Projects.

MOT 2022-9411 - N. Motion: Approve an Agreement with SEECO Consultants, Inc. of Tinley Park, Illinois, in an Amount Not-to-Exceed $50,000.00, Plus a 10% Contingency, for Material Testing Services for Capital Improvement Projects

Summary: This motion approves an agreement with SEECO Consultants, Inc., of Tinley Park, Illinois, in an amount not-to-exceed $50,000.00, plus a 10% Contingency, for material testing services for Capital Improvement Projects.

MOT 2022-9410 - O. Motion: Approve an Agreement with INTERRA, Inc. of Bolingbrook, Illinois, in an Amount Not-to-Exceed $50,000.00, Plus a 10% Contingency, for Material Testing Services for Capital Improvement Projects

Summary: Approve an Agreement with INTERRA, Inc., of Bolingbrook, Illinois, in an amount not-to-exceed $50,000.00, plus a 10% Contingency, for material testing services for Capital Improvement Projects

MOT 2022-9409 - P. Motion: Authorize a $30,000.00 Contribution to the DuPage Senior Citizens Council (DSCC) for the Meals on Wheels Program for FY22

Summary: This authorizes a $30,000.00 contribution to the DuPage Senior Citizens Council (DSCC) for the Meals on Wheels Program for FY22.

MOT 2022-9408 - Q. Motion: Approve a One-Year Agreement with Transcription Outsourcing, LLC in an Amount Not-to-Exceed $20,000.00 for Meeting Minute Transcription Services

Summary: This agreement approves a one-year agreement with Transcription Outsourcing, LLC in an amount not-to exceed of $20,000.00 for meeting minute transcription services.

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

8. Active Agenda

MOT 2022-9309  -  A. Motion: Speed Reduction Measures on the 4800 Block of Forest Avenue

Summary: This motion approves speed reduction measures on the 4800 block of Forest Avenue.

Mayor Barnett stated that the Council acted when they were presented with the issue of accidents at the intersection of Forest and Prairie Avenue. Three solutions were tried over eight months and a permanent solution is now in place that has worked. Now the Council is being presented with speeding and also volume issues. He said the members of the Council and the community differ on the clarity of their goals, opinions, and solutions.  The Mayor said the issue of speeding was being addressed at this meeting and there may be several motions made by the Council on the issue.  He then directed his attention to the Council and asked his peers to make individual motions as opposed to amending motions already made.

MOTION: Direct staff to prepare an ordinance to eliminate the 4 p.m. to 6 p.m. no parking restriction on the west side of Forest Avenue between Prairie Avenue and Franklin Street.   

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

MOTION: Direct staff to prepare an ordinance to lower the speed limit on Forest Avenue between Franklin and Warren to 20 miles per hour. 

RESULT: Motion carried by 5-2 roll call vote

MOTIONED TO APPROVE: Commissioner Kulovany

SECONDED BY: Commissioner Glover

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

NAYES: Commissioners Walus, Hosé

Public Comment

Tom Schroder, resident, 4815 Forest Avenue, spoke against chicanes and bump-outs. He said he and all of his neighbors on the 4800 block of Forest Avenue are for installing a speed hump.  Mr. Schroeder stated he agreed with lowering the speed limit to 20 mph on Forest from Franklin to Warren.  Mr. Schroeder questioned the process of how the motions were presented.

Mayor Barnett responded to Mr. Schroder explaining the process during the Active Agenda portion of the meeting includes specific motions or potential actions the Village Council could consider taking.   If no motion is made by the Council then no action is taken.  That would mean there would be no open discussion or dialogue.  He said Commission Kulovany made a motion regarding speed limits and after receiving input from the audience and Council, a vote will be taken. The Mayor continued by stating after that, there may or may not be additional motions made.  However, if no additional motions were made there would not be any additional discussion.

Additionally, the Mayor explained that the motions that are published on Fridays are draft motions.  These are entered into the public record for the purpose of making the public aware that the subject of Forest Avenue may potentially be acted on. He continued by saying that the Council has the opportunity to make any motion within the realm of the subject matter they feel is appropriate.  The Mayor reiterated that draft motions are just drafts and do not have to be acted on.

Steve Scarlotti, resident, 4811 Forest Avenue, requested that if the speed limit is lowered to 20 mph in the area south of the 4800 block of Forest, that it is enforced by the police.

Marlene Schroder, resident, 4815 Forest Avenue, agreed with lowering the speed limit and enforcing it. She stated that her husband, Tom, spoke with staff members at the City of Darien.  He received opinions about chicanes and speed humps; chicanes do not work and speed humps have solved their cut-through speeding issues.  She stated that Tom also spoke to representatives from Republic Services and Amazon. Both companies have no issues with a speed hump but are against chicanes and yellow line striping.  Ms. Schroder concluded by stating that she has a petition signed by her entire neighborhood stating they are against the use of chicanes and yellow striping.  The neighborhood is also 100 percent in favor of a speed hump.   

Vito Siciliano, resident, 4808 Forest Avenue, concurred with his neighbors. He said he agrees with the 20 mph speed limit but wants the speed limit enforced.  He said it is important that a speed hump be installed and those people that do not stop at the stop sign be ticketed.   

Connie Larson, resident, 4831 Forest Avenue hoped for a motion of a speed hump.

David Rose returned to the podium and spoke of a gap in which Council acts and residents understand. He doesn't understand why the adjustment to the stoplight that Mr. Schroder has suggested in the past has not been explored. He spoke of a lowered speed limit on Warren and very little police enforcement. He believes that since enforcement is a challenge, he suggests a speed hump on Forest.

Village Council Questions/Comments

Commissioner Sadowski-Fugitt asked for clarification of whether the motion made was to make the change to the speed limit permanent and that it did not include taking it back to the TAP Commission for discussion. 

Commission Kulovany confirmed that is correct.  He said that the TAP Commission already made the recommendation to lower the speed limit.

Mayor Barnett stated that the motion made is to direct staff to prepare an ordinance. 

Manager Feldman responded that an ordinance would need to be drawn up and put on a future agenda as a First Read and then voted on separately by the Council.

Commissioner Walus stated that in the packet under the TAP Commissions recommendation, staff recommends that the specific item be returned to the TAP Commission so that property owners can be notified of the potential change and provide input.  She asked if that is still staff's recommendation.    

Manager Fieldman said yes.

Commissioner Kulovany asked Manager Fieldman if there have ever been neighborhood meetings that did not involve the TAP Commission concerning speed limits.

Manager Fieldman stated he cannot recall any concerning speed limits, but could not confirm.

Commissioner Hosé said there are only two speed humps in town and they are on the same stretch of road.  They were installed in 2009 and no others have been installed since then; that says that they are not the preferred method of slowing traffic.  He said the Downers Grove way is to look at data, analyze it and go through the boards and commissions.  The Village tries to find solutions there not only work for the situations at hand but that can be applied in other situations that may come up in the future; reputable solutions.  Since the Village has not installed many speed humps he said he is not a fan of them.  He said it has been difficult to come to a consensus with his fellow council members on this issue and it was also difficult with the issue of accidents.  The Council was told by many residents that stop signs wouldn't work at their intersection and they have.  He is a fan of chicanes, but there is not a majority for it, so that is why he did not make a motion for them.  This is the same issue with speed humps; there is not a majority for it.  He does not believe lowering the speed limit on Prairie will make a difference and would rather see it remain at 25 mph.  At 25 mph it would remain enforceable.  He explained the complaints about police enforcement are legitimate.  As a father of children in school, he too would like to see more enforcement around schools.  However, if the Village were to have an officer stationed in every place that everyone would like to have enforcement then Downers Grove taxes would be astronomical.   He is ready to take action on this subject so that staff and Council can start spending their resources elsewhere. 

Commissioner Glover said he understood that it's difficult to enforce but thinks the 20-mph speed limit is good, due to elderly resideents in the area, the library, and a few confusing stop signs. 

Commissioner Kulovany offered clarification the Council operates under the laws of the State of Illinois and Roberts Rules of Order and explains that Commissioners can only discuss items on the agenda. He stated that he made a second motion so that the public could speak, and even if it was not on the packet, the Council is allowed to speak of items and make motions.  He is in favor of lowering the speed limit to 20 mph, especially because of the seniors that live on that block. He will not station an officer at a permanent location on the north side of Prairie at Forest. He is in favor of a single speed hump versus chicanes. He said snowplows have issues with hitting them and having chicanes would make things difficult for bicyclists. Commissioner Kulovany applauded Mr. Schroder for his detailed work and analysis. He stated he spoke to the Director of Municipal Services at the City of Darien about the single speed hump on 71^st Street; he stated with the proper warning they work.   He also spoke to a Station Manager at Amazon that took issue with chicanes and the delivery of packages.  Mr. Kulovany said he spoke with a resident that lives near a speed hump and he spoke positively of it.  The Commissioner is in favor of the speed hump but did not make a motion for it since it did not have the Council's support.   

Commissioner Sadowski-Fugitt said she supports dropping the speed limit to 20 mph on Forest from Warren to Franklin due to the residents and library being in that area.  She said this has been a difficult emotional discussion. She values the staff's opinion that chicanes are a valuable tool, and agrees with that. She continued by saying there is a place in the Village for them and also for speed humps; she doesn't feel this short stretch on Forest is the place for chicanes.  She struggled with some of the options because they do not provide for pedestrian safety improvements. The Council is having a hard time coming to a consensus, but each member is concerned about safety on that block. She also asked residents to reach out to the Council after the meeting to speak one on one, if they have any follow-up questions.

Commissioner Walus said she thought there was a speeding problem in the town as a whole. She stated that she's not convinced that reducing the speed limit to 20 mph will truly reduce speeders. She would be more inclined to explore that option with a potential amended motion to send it back to the TAP Commission.  This way property owners on that block could be properly notified.  

Commissioner Gilmartin thanked staff for coming back with alternate options on the double yellow line. He feels that it was between chicanes or a speed hump to resolve issues; Council was provided with studies by the Federal Highway Administration on both.  He said he realized the issue of traffic reduction was not on the table but spoke of the studies and their traffic calming effectiveness; stating was leaning toward the speed hump.  However, the Council consensus just wasn't there. He does support the reduction of speed on Forest and the removal of parking restrictions.  He said and would like some type of measurements in the future to see the type of impact these changes will have. 

Mayor Barnett asked for Council's opinion on sending the speed limit change back to the TAP Commission.

Commissioner Gilmartin said he does not believe it needs to be sent back to TAP since they already approved it.

Commission Glover also said he does not believe it needs to be sent back to TAP.

Commissioner Kulovany also stated he has read several times that TAP made the recommendation.

MOTION: Substitute motion to direct staff to prepare an ordinance to lower the speed limit on Forest Avenue between Franklin and Warren to 20 miles per hour but send it back to the TAP Commission for additional processes. 

RESULT: Motion failed by 2-5 roll call vote

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt

NAYES: Commissioners Glover, Gilmartin, Walus, Hosé, Mayor Barnett

Manager Feldman explained the motions that passed regarding parking and the reduced speed limit will require ordinances. He said staff has received direction and under the Manager's authority, ordinances will be drawn up and will be brought back to the Council over the next few months.

ORD 2022-9346  -  B. Ordinance: An Ordinance Amending Outdoor Dining Provisions  ORD 5918

Summary: This ordinance amends outdoor dining provisions.

Village Council Questions/Comments

Commissioner Hosé explained he will vote against this.  He states he thinks outdoor dining is fantastic but struggles with tents and how they look.  He hopes to see a move toward permanent structures.

Commissioner Gilmartin asked about codes for safety.

Manager Feldman responds, yes, Fire and Safety Codes must be met (Active Item C on the agenda).

Commissioner Kulovany asked if this is just for one season.

Mayor Barnett responded no, it is permanent.  

MOTION: TO ADOPT AN ORDINANCE AMENDING OUTDOOR DINING PROVISIONS ORD 5918

RESULT: Motion carried by 6-1 roll call vote

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

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

NAYES: Commissioner Hosé

ORD 2022-9386  -  C. Ordinance: An Ordinance Amending Building and Fire Codes for Temporary Structures  ORD 5919

Summary: This ordinance amends Building and Fire Codes for temporary structures.

Mayor Barnett clarifies that this item is also related to outdoor dining.

MOTION: TO ADOPT AN ORDINANCE AMENDING BUILDING AND FIRE CODES FOR TEMPORARY STRUCTURES  ORD 5919

RESULT: Motion carried by 6-1 roll call vote

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

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

NAYES: Commissioner Hosé

9. First Reading

ORD 2022-9381  -  A. Ordinance: Authorize a Special Use to Construct an Accessory Structure before the Principal Structure is Constructed at 5240 Lyman Avenue

Stan Popovich, Community Development Director, presented this item.  He explained this property owner owns two lots of record - a single family home on the northern lot and a vacant lot that is currently green space on the southern lot.  The request for special use is to build a sports court on the vacant lot. 

Village Council Questions/Comments

Commissioner Gilmartin clarified the special use is specific to the sports court. 

Mr. Popovich replies, yes.

Commissioner Kulovany asks if anything could cause them to lose the Special Use Permit in the future.

Mr. Popovich replies, yes, if non-compliant.

RES 2022-9382  -  B. Resolution: Approve the Final Plat of Subdivision for 1122 Gilbert Avenue

Mr. Popovich also presented this item which consists of a multifamily residential structure on the south side of the property and Village Commuter Parking Lot D on the north side.  He explained in 1980 the Village sold this piece of land to the former owner of the property and entered into a lease agreement to use the northern portion of the land for a commuter parking lot.  The owner is requesting a Plat of Subdivision to subdivide the lot into two parcels of land; one for the multifamily building and the other to contain the Village commuter lot.  Mr. Popovich said on March 7, 2022, the Plan Commission recommended approval. 

There were no questions or comments.

ORD 2022-9364  -  C. Ordinance: An Ordinance Amending the Village Budget for FY21

Manager Fieldman began by giving an overall update on the budget before reviewing the actual amendments.  He said this is an update on the implementation and management of the FY 21 Budget.
 
Manager Fieldman explained that the key message is that FY 21 revenue was significantly higher than budgeted. The additional revenue would allow money to be transferred into the Major Buildings Fund to help fund the Village's new facility project while maintaining the recommended fund balance. He explained that the FY 21 budget was prepared in the late summer of 2020 and the economic uncertainty at that time made it difficult to project revenues. Manager Fieldman explained the process that the Village went through when preparing the FY 21 Budget to address the expected shortfall.  However, he said early this year it was apparent that the situation did not exist and the Village did not employ the temporary expense reduction
efforts. 
 
Manager Fieldman spoke of the final revenue estimates, stating the Gen