June 07, 2022
1. Call to Order
Mayor Barnett called to order the Village Council meeting at 7:00 p.m. and led those in the room in the Pledge of Allegiance to the Flag. He explained the protocol for the meeting and the guidelines to submit public comment.
2. Roll Call
Council Attendance (Present): Mayor Barnett, Commissioner Hosé, Commissioner Walus, Commissioner Sadowski-Fugitt, Commissioner Kulovany, Commissioner Gilmartin, Commissioner Glover
Council Attendance (Not Present): None
Non-Voting: Village Manager Dave Fieldman, Village Attorney Enza Petrarca, and Village Clerk Rosa Berardi
MOT 2022-9480 - A. Motion: Allowing for Electronic Participation for the June 7, 2022 Village Council meeting.
Summary: A motion to allow electronic participation for the June 7, 2022 Village Council meeting.
3. Proclamations
A. Pride Month
Mayor Barnett proclaimed June 2022 as Pride Month in the Village of Downers Grove. He also called upon businesses and residents to work together to ensure equal rights for all and encouraged residents to reflect on the promise that America's diversity was its greatest strength and to respect and honor its diverse community. EQDG accepted the proclamation.
B. Garden Week
Mayor Barnett proclaimed the week of June 5-11, 2022, as National Garden Week in the Village of Downers Grove. He recognized and thanked the Garden Club of Downers Grove for their accomplishments and contributions to the community. He also encouraged residents to recognize the work that gardeners did to keep Downers Grove beautiful. Debbie Wilderman, President of the Garden Club of Downers Grove accepted the proclamation.
4. Minutes of Council Meetings
MIN 2022-9468 - A. Minutes: Village Council Meeting Minutes - May 17, 2022
Summary: Village Council Meeting Minutes -May 17, 2022
MOTION: To adopt the meeting minutes of the May 17, 2022 meeting, 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 and Mayor Barnett
NAYES: None
5. Consent Agenda
Mayor Barnett asked that Item 6D, a motion to dispose of audio recordings of previously approved Executive Session minutes, be removed from the Consent Agenda and be placed on a future agenda.
BIL 2022-9466 - A. Bills Payable: No. 6666 - June 07, 2022
Summary: No. 6666 - June 07, 2022
COR 2022-9467 - B. Claims Ordinance: No. 6459, Payroll - May 06, 2022
Summary: No. 6459, Payroll - May 06, 2022
MIN 2022-9488 - C. Minutes: Note Receipt of Boards and Commissions Meeting Minutes
Summary: Note Receipt of Boards and Commissions Meeting Minutes: ZBA 02-23-22; Liquor Commission 03-03-03-22; PC 04-04-22; CEC 04-21-22
RES 2021-8999 - E. Resolution: Approve the Intergovernmental Agreement (IGA) with York Township for the Paving of Portions of 36th Street, Sterling Road, Glendenning Road and Douglas Road
Summary: This resolution approves an Intergovernmental Agreement (IGA) between the Village and York Township for the paving of portions of 36th Street, Sterling Road, Glendenning Road and Douglas Road.
RESOLUTION 2022-45
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND YORK TOWNSHIP FOR STREET PAVING ON 36TH STREET, STERLING ROAD, GLENDENNING ROAD AND DOUGLAS ROAD
MOT 2022-9416 - F. Motion: Approve an Agreement with Baxter & Woodman Natural Resources, LLC for the Main Street Downtown Traffic Signals, Crosswalks and Accessibility Upgrades Project (TR-034) for a Total Not-to-Exceed $132,294.38, Which Includes a 5% Contingency
Summary: This motion approves an agreement with Baxter & Woodman Natural Resources, LLC for the Main Street downtown Traffic Signals, Crosswalks and Accessibility Upgrades Project (TR-034) for a total not-to-exceed $132,294.38, which includes a 5% contingency.
MOT 2022-9475 - G. Motion: Approve a Contract with M. Gingerich, Gereaux & Associates of Manhattan, Illinois, in the amount of $64,800.00 for Surveying Services for Various 2023 Community Investment Program (CIP) Projects
Summary: This motion awards an agreement to M. Gingerich, Gereaux & Associates of Manhattan, Illinois, in the amount of $64,800.00 for surveying services for various 2023 Community Investment Program (CIP) Projects.
MOT 2022-9485 - H. Motion: Approve the Renewal of the FY 2022-2023 Membership for the DuPage Mayors and Managers Conference and Authorize Staff to Submit Dues in the Amount of $37,511.93
Summary: Motion to renew the FY 2022-2023 membership for the DuPage Mayors and Managers Conference and authorize staff to submit dues in the amount of $37,511.93.
RES 2022-9474 - I. Resolution: Authorize a Real Estate Purchase Contract for the Property Located at 5618 Lyman Avenue, Downers Grove, Illinois, and the Adjacent Vacant Parcel to the North in the Amount of $348,328.00
Summary: This resolution authorizes a real estate purchase contract for the property located at 5618 Lyman Avenue, Downers Grove, Illinois, and the adjacent vacant parcel to the north in the amount of $348,328
RESOLUTION 2022-46
A RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR PROPERTY LOCATED AT 5618 LYMAN AVENUE AND THE ADJACENT VACANT PARCEL TO THE NORTH, DOWNERS GROVE, ILLINOIS 60516
RES 2022-9476 - J. Resolution: Approve a contract with Concentric Integration of Crystal Lake, Illinois, for Professional Services in an Amount Not-to-Exceed $312,585.00, Which Includes a 5% Contingency
Summary: This motion approves a contract with Concentric Integration of Crystal Lake, Illinois, for professional services in an amount not-to-exceed $312,585.00, which includes a 5% contingency.
RESOLUTION 2022-47
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND CONCENTRIC INTEGRATION
MOT 2022-9452 - K. Motion: Approve a Contract with Impirium Group, Inc. for the Emergency Communications Tower Project for a Total Not-to-Exceed $712,800.00, Which Includes a 10% Contingency
Summary: This motion approves a contract with Impirium Group, Inc. for the Emergency Communications Tower Project for a total not-to-exceed $712,800.00, which includes a 10% contingency.
MOT 2022-9490 - L. Motion: Approve a Payment in the Amount of $19,500.00 to Mad Bomber Fireworks for the 2022 Independence Day Fireworks Show
Summary: This motion approves a payment in the amount of $19,500.00 to Mad Bomber Fireworks for the 2022 Independence Day fireworks show.
MOTION: To adopt all items on the Consent Agenda, as amended
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
6. Active Agenda
ORD 2022-9455 - A. Ordinance: Authorize a Special Use for 1835 Elmore Avenue to Permit an Extended Family Accessory Housing Unit
Summary: This ordinance authorizes a special use for 1835 Elmore Avenue to permit an extended family accessory housing unit.
MOTION: To adopt AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 1835 ELMORE AVENUE TO PERMIT AN EXTENDED FAMILY ACCESSORY HOUSING UNIT, as presented ORDINANCE 5929
RESULT: 7-0 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
ORD 2022-9456 - B. Ordinance: Authorize a Special Use for 400 75th Street to Permit a Drive-Through
Summary: This ordinance authorizes a Special Use for 400 75th Street to permit a drive-through
MOTION: To adopt AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 400 75TH STREET TO PERMIT A DRIVE-THROUGH, as presented ORDINANCE 5930
RESULT: 7-0 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
RES 2022-9457 - C. Resolution: Approve the Final Plat of Subdivision with an Exception for 403 66th Street, 6600 and 6618 Fairview Avenue
Summary: This resolution approves the Final Plat of Subdivision with an exception for 403 66th Street, 6600 and 6618 Fairview Avenue.
MOTION: To adopt A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION WITH AN EXCEPTION FOR 403 66TH STREET, 6600 & 6618 FAIRVIEW AVENUE, as presented RESOLUTION 2022-48
RESULT: 7-0 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
ORD 2022-9458 - D. Ordinance: Rezone Certain Property Located at 403 66th Street
Summary: This ordinance rezones certain property located at 403 66th Street
MOTION: To adopt AN ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 403 66TH STREET, as presented ORDINANCE 5931
RESULT: 7-0 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. First Reading
ORD 2022-9459 - A. Ordinance: Proposing the Establishment of Special Service Area #12 in the Village of Downers Grove, Illinois, and Providing for a Public Hearing and Other Procedures in Connection Therewith
Summary: This ordinance proposes the establishment of Special Service Area #12 in the Village of Downers Grove, Illinois, and provides for a public hearing and other procedures in connection therewith.
Stan Popovich presented this item. He stated that the subdivision property address was 6000-60014 Fairview Avenue and currently consists of two homes. The subdivision was approved at the March 8th Village Council Meeting and consists of seven single family lots. He said the SSA serves as a safeguard in the event the Homeowner Association did not follow through with maintaining the detention area. He said it would allow the Village to levy a special tax on the property owners for maintenance of the common areas. Mr. Popovich said the proposed rate is 3% of the EAP of the properties. The process to establish the SSA would be to approve the proposal of SSA, have a public hearing in August, a 60 day objection period, and then an ordinance that would establish the SSA.
Stan Popovich said Special Service Area #13 was for the Kapovich Subdivision at 7135 Dunham Road, just north of intersection of Dunham and Lemont Rd. He said currently it consists of a single family home and the subdivision calls for six lots and an outlot, that would house the detention area. The subdivision was approved at the February 8th Village Council meeting. He said the SSA would also serve as a safeguard in this case, with the same process.
ORD 2022-9464 - B. Ordinance: Proposing the Establishment of Special Service Area #13 in the Village of Downers Grove, Illinois, and Providing for a Public Hearing and Other Procedures in Connection Therewith
Summary: This ordinance proposes the establishment of Special Service Area #13 in the Village of Downers Grove, Illinois, and provides for a public hearing and other procedures in connection therewith.
8. Attorney's Report
Village Attorney Enza Petrarca presented the following for Village Council consideration pursuant to Section 2.5 of the Downers Grove Municipal Code, the following are presented for Village Council consideration:
- An ordinance proposing the establishment of Special Service Area #12 in the Village of Downers Grove, Illinois, and providing for a public hearing and other procedures in connection therewith.
- An ordinance proposing the establishment of Special Service Area #13 in the Village of Downers Grove, Illinois, and providing for a public hearing and other procedures in connection therewith.
9. Public Comment
Marshal Schmidt, 4923 Seeley, said that that the Mayor's comments at the end of the last Council meeting where admirable. Mr. Schmtit he said he feels as if the Council failed to engage with the community in a way that made them feel heard. He said moving the public comment on matters not on the agenda until after the active agenda portion of the meeting discouraged, instead of encouraged, public comment. He also said that the Village's Real estate purchase that was on that night's agenda was for property located in a floodplain, so any future building would require storm water remediation. Mr. Schmitt spoke of the Village overpaying for the property. He said the Council proved it wasn't listening to the community when they had a lack of concern on the impact of building 12 homes on the Longfellow site. The heavy rain last week flooded the basements that had been dug. The developer pumped the water out onto Montgomery Avenue, which settled out on the street. Mr. Schmitt said Mr. Feldman asked for the developer to clean up the mess and that was appreciated, but the process took several days. Mr. Schmitt also spoke of the conflict of interest the Mayor had with the communication tower and that he should have recused himself from the vote.
Carol Richart, 532 Bunning Dr., stated she lived at 55th Place previously for 47 years. She said she watched a video produced by Downers Grove on YouTube that was about the new facility the Village would be building and was impressed that so many sustainability measures were being included in the plans. She also expressed her appreciation that the Village will be using native plants in the new facility's landscape to help with the climate problem. She said she participated in No Mow May, which allowed nourishment and habitat for pollinators. She suggested educating and encouraging residents to plant native plants, changing the code for grass height, and handing out waivers for No Mow May to help with pollination.
Ron Olson, 704 Maple Ave, referenced a previous statement made by a Commissioner regarding the placement of the tower that didn't sit well with him. Mr. Olson said the placement of the tower and distance from his home did matter and he was disappointed Mayor Barnett and the Council failed to understand. He felt there was something wrong with the process, lack of engagement, and conflict of interest regarding the telecommunications tower. He expressed concern that the Village was spending 53 million dollars on a new facility and some of the funding was dependent upon the TIF district. He said that would be a tax revenue raiser to Village residents if it didn't work out. He said the movement of the communication tower is going to impede on his property value. Jim Kelly, resident, said he attended the Coffee with the Council and was unhappy with communications he had. He apologized, but said he had a determination to do what he needed to do to better himself in the community he was involved with. He spoke about his legal case with the building he previously rented from. Mr. Kelly said he felt the building was a fire hazard and notified the Village of this.
John Agazino, from the Downers Grove Area FISH food pantry, thanked the community for their generosity. He shared stories of people that came to the food pantry for help and received assistance. He said the food pantry feeds approximately 130 families per week. He said 96% of what comes into the pantry goes right back out. He said information regarding the pantry and its events can be found on their website at https://www.downersgrovefish.org/ . Mr. Agazino asked for support and said to visit their website to find out what they needed.
David Rose, resident, spoke of his disappointment in the Mayor only taking responsibility for Council deliberations. He asked the Council what warning signs they were waiting for before they would take environmental sustainability seriously.
10. Mayor's Report
RES 2022-49 - A. Appointing and Reappointing Members to Boards and Commissions RES 2022-49
Summary: Board of Fire and Police Commissioners: Re-appoint Jillian Mikrut to a three-year term expiring August 31, 2025; Community Events Commission: Appoint Theresa Kulat to a three-year term expiring August 31, 2025; Environmental Concerns Commission: Appoint Rachel Grudzinski to a three-year term expiring August 31, 2025; Library Board of Trustees: Appoint William Nienburg to a six-year term expiring August 31, 2028; Police Pension: Re-appoint Norman Sidler to a two-year term expiring August 31, 2024, Appoint Stephen Cogger to a two- year term expiring August 31, 2024
Village Clerk, Rosa Berardi, read the appointments and reappointments to Village Boards and Commissions.
Mayor Barnett added that the Council appreciated those that wanted to serve the community and their input was valuable. He said the council still bore ultimate responsibility and took it very seriously.
MOTION: To adopt A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO BOARDS AND COMMISSIONS, as presented RESOLUTION 2022-49
RESULT: 7-0 by Roll Call
MOTIONED TO APPROVE: Commissioner Hosé
SECONDED BY: Commissioner Walus
AYES: Commissioners Hosé, Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Barnett
NAYES none
11. Council Member Reports
Commissioner Sadowski-Fugit thanked everyone who came to Outward's Journey and the Library panel that was hosted by EQDG. She said on Sunday, June 12th, 12-5 p.m., at United Methodist church, there would be a Pride in the Parking Lot event. She invited all to join in the event and to bring something to tie-dye. She also thanked the businesses and local artists who contributed to the downtown for Pride Month.
Commissioner Walus said there was a special Rotary Club lunch at Emmets that day for 17 young men and women from Downers Grove who were Service and Music Scholarship winners. She asked everyone to consider singing up to volunteer for the Rotary Grove Fest on their website. She said the fest is a great time and it is for a good cause.
Commissioner Gilmartin thanked the Mayor for the Pride Month proclamation. He said it was important to continue to listen to and support the LGBTQ community. He said he attended the panel on inclusion and was amazed by what was said there. He said it was eye opening to hear about what LGBTQ youth were seeking from the community. He said he was encouraged and hopeful Downers Grove would become more inclusive and welcoming. Commissioner Gilmartin stated there have been stories of cruelty towards the LGBTQ community and he has received emails from a hate group in town, so there was still work to be done. He said he hoped the LGBTQ community continued to feel support in Downers Grove. Commissioner Hosè thanked his fellow commissioners on their comments about Pride Month and shared their sentiments. He told a story about watching police officers perform deescalating techniques on a disturbing patron while he was dining at a restaurant in Downers Grove. He said within 5 minutes, they patron went from yelling and screaming to completely calm and walking away. He said the Village has some great people working in the Police Department and throughout the Village and they doing a phenomenal job. He thanked the officers who responded on that call and everyone on the team. At 7:58 p.m. the Mayor announced there would be a 5 minute break and the meeting would reconvene in the Committee Room for the Manager's Report. This included a discussion on the Village's Solid Waste Contract Renewal. All were invited to attend.
12. Manager's Report
A. Solid Waste Contract Renewal Discussion
The meeting reconvened in the Committee Room. Deputy Village Manager Mike Baker introduced Tish Powell, Manager of Municipal Sales with Republic Services, and stated there was a PowerPoint presentation with information for all to review in the Village Council meeting materials posted online. He explained that the purpose of the evening's discussion was to:
1.) Establish the Solid Waste Program goals and attributes. 2.) Direct staff to negotiate with Republic Services or to seek proposals from other companies.
Mayor Barnett started the discussion by stating he thought the program goals listed on the whiteboard were appropriate.
Village Manager Dave Fieldman asked if all of the other Commissioners felt the same way and many responded yes.
Commissioner Hosé highlighted the value of the current contract to the residents. He said Republic has maintained competitive pricing.
Commissioner Kulovany said he would like residents to consider reducing the amount of grass clippings they dispose of and questioned where they end up after they are picked up. He spoke of using a mulching lawn mower and said he felt that residents should practice mulching their grass clippings and leaving them on the lawn, instead of bagging them up.
Manager Fieldman and Mr. Baker stated that they could get an answer to Commissioner Kulovany's question regarding where the grass clippings end up. Mayor Barnett thanked Commissioner Kulovany, stating this is the kind of dialogue they needed to have. He said that public policy is trying to accomplish certain things, but there is usually a component of design incentivizing as well.
Commissioner Sadowski-Fugitt said she wants to reduce waste that is entering landfills at the forefront, including recycling plastic waste. She said she wants a competitive price with good value.
Commissioner Gilmartin said he thinks the program goals are good. He said he feels the residents need to have ownership but the Village also needs to have the ability to incentivize as well. He said recycling tends to be a revenue stream for the collectors. He wanted to know if there is a way to have a performance base, where the Village had numbers on how much trash and recycling is collected. Commissioner Gilmartin also asked if there was a way to include some sort of language based on performance, where if the Village is reducing its solid waste and increasing it's recycling and the vendor is making money, then maybe those savings can be passed back to the Village. He also said he agreed with Commissioner Kulovany with regard to reducing the amount of yard clippings being disposed of and asked about possible incentives. He commented on the sticker program and how there are many residents that use them for both trash and for clippings and said he knows it costs more to the vendor and hoped there is a workaround. He concluded by stating he spoke with many residents regarding the service they receive and generally received positive feedback.
Commissioner Walus stated that she too spoke with many residents about their service and only received positive feedback. She said she is open to looking into some of these suggestions made by her colleagues and doesn't think there is any harm in getting more information.
Mayor Barnett commented on reducing waste entering landfills. He said he encourages recycling but wants the residents to focus on buying fewer products that cause waste or recycling. The Mayor continued by saying if there is an incentive structure that is focused on volume or recycling, that doesn't necessarily incentivize residents to do less overall. He said he thinks this should remain in the conversation moving forward because it is better than just recycling.
Manager Fieldman said the idea of proper recycling and reducing the amount entering the landfill has been captured, but another part is the idea that volume is going down in both categories.
Mayor Barnett said he has seen that the amount of recycling has leveled off. He thinks there are a couple of possible reasons for that. One is a saturation point where everybody that can recycle is and then two, those who are really focused on taking it seriously are done trying to reduce. Manager Fieldman said this is great direction for staff. He asked about the Council's opinion on the attributes of the current program and if there are things that should be kept or changed. He asked the Mayor if they could start a conversation about how the goals related to program attributes and anything they would consider keeping or changing.
Mayor Barnett said that the cost of maintaining a household is part of it. He said in designing a program, as much as he wants to see a variety of attributes, some can be expensive, and he wants the Council to remember that there are people that may have some financial hardships and cannot afford them.
Commissioner Kulovany said he is seeing a trend in sticker use and less cart use. He said it is much easier, safer and more efficient to use a cart. He said that the pick-up of collection via a cart is much more automated, the driver uses the truck arm to lift it. Whereas a 33 gallon garbage can would require a driver to get out and manually dump it. That takes extra labor, more time, and uses more fuel. Commissioner Kulovany said garbage carts are to the waste hauler's benefit and they reduce overall cost.
Commissioner Hosé supports the use of carts but thinks those using stickers aren't throwing much away and a large number of those people are senior citizens on fixed incomes. He would like a way to put a program in place that would focus on the senior program but realizes that may be administratively burdensome. Commissioner Hosé said he thinks there will be a time when we will be a full cart program, but he doesn't think that time is now.
Commissioner Walus said she seconded Commissioner Hosé's sentiments without repeating all of them.
Commissioner Kulovany asked if making the 35 gallon cart was cheaper would make a difference.
Manager Fieldman said they would look at the possibility of repricing cart costs.
Commissioner Gilmartin said he would like to find a way that Republic Services makes money but also reduce cost for those with a fixed income or little waste. He suggested taking a look at the average number of times households use stickers a month, equating that cost, and possibly translating that into the cost of a bin. He would like Republic Services to address this and provide the Village with options. Manager Fieldman said what Commissioner Gilmartin said, built on the ideas of a couple of other Council members, is to provide a lower cost option for the low volume producers that can possibly be tied to a senior program and strategic pricing with smaller carts.
Commissioner Sadowski-Fugitt would like to seek proposals. She said most companies make money off of the trash and not recycling, but some companies make money off of recycling and compost that pay to dump the trash. She wants to reduce waste in landfills and encourage proper recycling and composting practices. She said the current composting program with Republic Services is no different than the composting she can do in her yard; it is limited to yard waste. She mulches her grass. She would like to see how other companies are structured in the market. The Commissioner said she has toured the Lakeshore Recycling facility and they have employees standing on the line pulling recycling out of trash, to make sure they are collecting everything they can. She has seen the systems they use to recycle and for composting, and is sure they make plenty of money off that because they have partnerships with grocery stores. She said she is sure other companies have similar systems. She would like to see us find a company that is more innovative and provides the Village value. She would like to see what we can get for our dollar. She said to keep in mind that you may have the same volume of garbage and recycling, but the weight is drastically different because of the way packaging is made now; big fluffy recyclable plastic containers that take up a ton of space but can eventually be compressed down into something smaller. She would like to be able to see a difference in waste versus recycling carts and she is interested in looking into a senior program. She would like to seek proposals to see what program
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