Minutes Archive

July 05, 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 2022-9515 - A. Motion: Allowing for Electronic Participation for the July 05, 2022 Village Council meeting.

Summary: A motion to allow electronic participation for the July 05, 2022 Village Council meeting.

3. Minutes of Council Meetings

MIN 2022-9524 - A. Minutes: Village Council Meeting Minutes - June 21, 2022

Summary: Village Council Meeting Minutes -June 21, 2022

MOTION: To adopt the meeting minutes of the June 21, 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

4. Consent Agenda

BIL 2022-9505 - A. Bills Payable: No. 6672 - July 05, 2022

Summary: No. 6677 - June 21, 2022

COR 2022-9509 - B. Claims Ordinance: No. 6643, Payroll - June 03, 2022

Summary: No. 6463, Payroll - June 03, 2022

MIN 2022-9518 - C. Minutes: Note Receipt of Boards and Commissions Meeting Minutes

Summary: Note Receipt of Boards and Commissions Meeting Minutes

RES 2022-9511 - D. Resolution: Approve a Master License Agreement with Vero Fiber Networks, LLC for the Use of the Village's Rights-of-Way for the Installation, Operation and Maintenance of an Underground Fiber Optics Telecommunications System

Summary: This resolution approves a master license agreement with Vero Fiber Networks, LLC for the use of the Village's rights-of-way for the installation, operation and maintenance of an underground fiber optics telecommunications system.

RESOLUTION 2022-56

A RESOLUTION AUTHORIZING EXECUTION OF A MASTER LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND VERO FIBER NETWORKS, LLC

RES 2022-9513 - E. Resolution: Approve an Amendment to the Agreement with Walker Consultants, of Hoffman Estates, IL, for Design and Construction Engineering Related to Maintenance Improvements to the Downtown Parking Deck in an Amount Not-to-Exceed $16,800.00, Which Includes a 20% Contingency

Summary: This resolution authorizes the amendment to the agreement with Walker Consultants, of Hoffman Estates, IL, for design and construction engineering related to maintenance improvements to the downtown parking deck, in an amount not-to-exceed $16,800, which includes a 20% contingency.

RESOLUTION 2022-57

A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND WALKER COMSULTANTS

MOT 2022-9521 - F. Motion: Approve a Contract to A Lamp Concrete Contractors, Inc. of Schaumburg, IL, for the Lyman and 62nd Drainage Improvements Project in the Amount of $823,763.59, Which Includes a 5% Contingency

Summary: This motion approves a contract to A Lamp Concrete Contractors, Inc. of Schaumburg, IL for the Lyman and 62nd Drainage Improvements project in the amount of $823,763.59, which includes a 5% contingency.

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

5. Active Agenda

ORD 2022-9492 - A. Ordinance: Approve a Special Use for 2424 Ogden Avenue to Permit a Personal Vehicle Sales Business ORDINANCE 5935

Summary: This ordinance approves a special use for 2424 Ogden Avenue to allow a personal vehicle sales business.

VILLAGE COUNCIL COMMENTS/QUESTIONS

Mayor Barnett explained that the Active Agenda items had all been discussed at least once before. He said automobile dealership usage on Ogden Avenue required a Special Use Permit. He continued by saying this location would potentially be restarting an automobile dealership on what was now a defunct site that had previously been used as an automobile dealership.

MOTION: To adopt AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 2424 OGDEN AVENUE TO PERMIT A PERSONAL VEHICLE SALES BUSINESS, as presented ORDINANCE 5935

RESULT: Motion carried unanimously 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

ORD 2022-9497 - B. Ordinance: Approve a Sales Tax Rebate Agreement between the Village of Downers Grove and Downers Grove Imports, Ltd ORDINANCE 5936

Summary: This ordinance approves a Sales Tax Rebate Agreement between the Village of Downers Grove and Downers Grove Imports Ltd., d/b/a Pugi of Chicagoland, for a Genesis dealership at 2424 Ogden Avenue.

VILLAGE COUNCIL COMMENTS/QUESTIONS

Mayor Barnett reminded everyone that when it came to Sales Tax Rebate Agreements there are no upfront expenditures on behalf of the Village. He said would be no ongoing commitment unless the Village received revenue that it would not otherwise have received without the Sales Tax Agreement. He said the more successful the Pugi Dealership was, the more revenue the Village would receive. He continued by saying the revenue would help to facilitate the redevelopment of the unused site and create a regional draw. The Mayor said other benefits to the agreement included additional revenue from Gas Tax, Food and Beverage Tax and additional Retail Sales Tax. Mayor Barnett said this agreement was a win-win for the Village and was thrilled to see it move forward.

MOTION: To adopt AN ORDINANCE APPROVING A SALES TAX REBATE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND DOWNERS GROVE IMPORTS, LTD, as presented ORDINANCE 5936

RESULT: Motion carried unanimously 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

6. First Reading

MOT 2022-9528 - A. Motion: Approve an Amendment to the Total Project Budget for the Facilities Replacement and Sustainability Plan and Authorize the Expenditure of the FF&E and other Soft Costs Allowances and the Owner's Contingency Consistent with the Approved Design Development Plans.

RES 2022-9529 - B. Resolution: Approve an Amendment to Exhibit A of the AIA A133 Agreement Between the Village of Downers Grove and Leopardo Companies, Inc. as Construction Manager/Constructor for the Facilities Replacement and Sustainability Plan

Deputy Village Manager Mike Baker presented First Reading Item A and Item B, which included an amendment to the Total Budget and Financial Plan; awarded the Guaranteed Maximum Price Contract (GMP Contract); authorized staff to purchase furniture, fixtures, equipment; and other soft costs up to $2,647,985.00; and authorized staff to use owner's contingency up to $1,184,824.00. He said that if approved, this would complete the contract with Leopardo Companies, the construction management firm that would oversee the construction of the project. He said the financial plan for the project was updated based on project cost estimates provided by Leopardo Companies in June and the updated debt service schedules that were provided by the Village's financial advisor; documents detailing this information were included in the meeting packet. Mr. Baker summarized by explaining the increase in the cost of construction and an increase in interest rates resulted in a Total Project Budget of $60.4 million and an annual funding gap was estimated at between $350,000 and $400,000 per year. He said the Staff Report, included in the meeting packet, identified three options to address the funding gap:

1.) Procced with the Total Project Budget and Plan and address the funding gap by increasing the Property Tax Levy by $350,000 to $400,000.

2.) Proceed with the Total Project Budget and Plan and address funding gap by:

Increasing the Property Tax Levy by $100,000 to $200,000
Reducing or eliminating other capital projects to address the remaining gap; it is suggested to eliminate the School District 58 sidewalk improvements in order to provide three years of Capital Projects Fund cost reduction totaling $850,000.00

3.) Reduce the Total Project Budget by eliminating approximately $1.5 million of environmentally sustainable features or reducing or eliminating other capital projects to address remaining gap.

Commissioner Hosé thanked Mr. Baker and the staff for the presentation. He preferred option 1 or 2. He said not moving forward with the project was not an option. He continued by saying he would rather not remove the environmental features from the building. Commissioner Hosé said there was great pride in the sustainable efforts made over the years, by many Village Councils, and stepping away from the environmental features to save $1.5 million was not a good option. He reminded all that there was always risk when taking on projects. He said during his nine-years on the Village Council he had seen several different facility plans that had fallen through and now was the time to move forward with the plan.

Commissioner Sadowski-Fugitt preferred option 1 or 2, but was leaning toward option 1 because of the concerns for School District 58's sidewalk safety. She stated that option 3 should not have been a consideration. She said the project is a $60 million investment in the community and the Village is a service organization that should be leading the charge of what they want to represent and environmental sustainability is a part of that.

Commissioner Kulovany preferred option 2 and was in favor of moving forward with the project. He expressed that it was unfortunate that costs had risen, but that we are living in an inflationary period. Regarding the District 58 Sidewalk Plan, he said they had not been an outcry from residents near the school. He said he was in favor of keeping the environmental solutions that were included in the plan because saving money upfront would increase operating costs for many years to come. Commissioner Kulovany spoke of many of the environmentally sustainable features included in the plan, pointing out that he didn't want to skimp on the permeable pavers because they helped to alleviate flooding.

Commissioner Gilmartin asked if there was an opportunity as a Village to refinance if rates dropped in the years following the project.

Mr. Baker stated there would be opportunities, but there were limitations on timing and when it could be done.

Commissioner Gilmartin preferred either option 1 or 2, but said he was leaning toward option 1 because there had been a commitment already made to the School District 58 Sidewalk Improvements Plan. He also said he had no interest in stopping or removing any environmental improvements already in the plan.

Commissioner Walus preferred option 2 because it was a good compromise. She said she wanted to be cognizant of the current economic environment and the strain it has put on many people. She continued by saying she also had no interest in eliminating any environmentally sustainable features, as those were a commitment to the Village as a whole. Commissioner Walus expressed that the School District 58 sidewalk improvements could be on hold for now and discussed again in the future as the budget would allow. She pointed out that during discussions about the sidewalk improvements, it became apparent that it would call for the removal of man

Commissioner Glover preferred option 2 but was also ok with option 1 for many of the same reasons Commissioners Kulovany and Walus pointed out, especially because he knew that so many neighborhoods were not on board with the loss of so many trees with the District 58 Sidewalk Improvement Plan.

Mayor Barnett asked if the Village still had standing parameters for bond and debt issuance refinancing.

Village Manager Dave Fieldman said yes, but to get the authorization they would have to come back to Council again because right now there are no existing bonds that are eligible for a refinancing, so a Parameter Ordinance was not sought. He said as a practice going forward a Parameters Ordinances would be sought for refinancing existing debt based on recommendations from the Village's financial advisor.

Mayor Barnett preferred option 2 to try and minimize cost but said he remained a proponent of sidewalks and simply wants to shelve it for the moment and would be happy to come back to it in the future. The Mayor said that once the Village takes on the debt of the facility project, it would fall into the category that Manager Fieldman described. He said if the opportunity presented itself, they would refinance (also stating he cannot speak for future Village Councils). He said that it is a premise that has been used several times over the past 10 years and the savings has been millions of dollars through refinancing opportunities. He continued by stating though it is a unique inflationary environment right now as it relates to fuel and metals, he doesn't believe it will get any cheaper. He said that the cost of wood has come down a bit and it is hoped that cost of metals will do the same. Mayor Barnett said now was the right time to move forward with the project and the hiccup of the cost component was not enough to halt it. He said he too wanted to be cognizant of the fact that inflation has hit everyone, not just the Village. The Mayor continued by speaking of the garbage contract that was in negotiations and the process of selling the property the Village was currently on. The Mayor ultimately said whether the cost of the new facility is $59 million or $60 million or whether the note for the current Village property included a certain amount of money, he cannot see a situation that would prevent the project from moving forward. Mayor Barnett said that he agreed with everyone else on Option 3 and would not repeat what his colleagues had said.

Commissioner Kulovany said it was important to note one of the big financial impacts was the .75% rise in the base interest rate as part of the action to get inflation under control nationally. He said both the past Council and this Council have been unanimous on moving forward and he wanted to keep the momentum going and not start over. Commissioner Kulovany said the Council is being mindful of the Village's financial responsibility and he believed they were doing the right thing.

Mayor Barnett agreed with Commissioner Kulovany and said that the current Village Council and the one prior were both mindful of the Village's financial responsibility. He added that the Village would be investing in the ability to continue to provide its residents with services they would expect to receive.

Commissioner Gilmartin added that 4% interest was still extremely low; a 30-40 year record low.

Deputy Village Manager Mike Baker stated a majority of the Council expressed a preference for option 2, so when the item comes forward next week, the motion language would indicate option 2 as the preference.

RES 2022-9523 - C. Resolution: Approve an Intergovernmental Lease Agreement Between the Village of Downers Grove and District No. 58 for Office Space Within the Village Hall/Police Station Combined Facility as Part of the Facilities Replacement and Sustainability Plan

Mr. Baker presented Item C. and said this was the full formal document for the partnership with School District 58 which was consistent with the key terms of the agreement that Council considered in August, 2021. He said District 58 would pay the Village for their portion of the estimated incremental cost. He explained there would be a number of benefits to the partnership and a number of opportunities both organizations would take advantage of when they share the new facility together.

Commissioner Gilmartin expressed he thought this was a fantastic idea from the beginning. He said it was important to note the new figures included the School District 58's portion of the increase in the cost of the project. He said he thought it was great stewardship and the looked forward to supporting it.

Commissioner Hosé added that this created a smaller government by putting two government bodies under the same roof at an incremental cost. He added that there is a savings to the common taxpayers, which equals approximately 80-85% of the tax payers within the Village of Downers Grove. Commissioner Hosé said it is a win for everybody.

Commissioner Kulovany agreed with colleague's comment that there is only an incremental cost to share the space with School District 58. He added that the School District could not build a property on their own and operate it at a lower cost. Commissioner Kulovany said that he thought this was the best possible solution.

Mayor Barnett wanted to clarify a couple of things he had heard over the past six months from the public. First he heard that the Village was getting School District 58 to pay for their building. He said that was not the case. He said the costs for the School District were truly incremental, as the shared spaces and basic utilities were borne by the Village and most of the District's cost was for the additional square footage. He said he also heard the opposite, that School District 58 wasn't paying their share. This was also not true. The Mayor reiterated what Commissioner Hosé said, this project efficiently considered the shared taxpayers. He said rather than the Village charging School District 58 some sort of rent and then adjusting the levy, the Village was taking pure incremental cost. He continued by saying the important distinction for residents that were trying to evaluate what School District 58's and the Village's decision making process was is that this is a super-efficient use of space and neither the School District nor the Village are getting a free ride. Both are picking up the tab and doing their share to try and have really efficient government and really efficient use of space. The Mayor said the Village is thankful School District 58 wanted to participate with them.

Commissioner Gilmartin said the leadership of the two bodies were in constant communication on a regular basis and this shared space could only benefit their communications further. He said he thought it would be a positive for the Village as a whole.

7. Public Comment

There was no public comment.

8. Mayor's Report

There was no Mayor's Report.

9. Council Member Reports

Commissioner Hose thanked everyone that came to the Independence Day Parade. He said it was a great time.

Mayor Barnett said Independence Day was not the day they all hoped for. He said he was thankful the Council was able to participate in the parade and celebrate the day with residents. He said he was disappointed the fireworks didn't happen but said that decisions were made that were in the best interests and for the safety of everyone in attendance. He said there was a problem as a nation. He said he didn't know what the solution was, but
ignoring it was not the answer. He said he hoped everyone enjoyed their holiday safely.

10. Manager's Report

REP 2022-9532 - A. Report: Capital Projects Update

Public Works Director Andy Sikich presented Item A and gave a Capital Projects update. He said they had seen increased cost in construction costs, a challenging bidding environment for contractors, materials shortage with long lead times, and an ongoing Quarry workers strike. He said the strike has delayed construction projects throughout the region. He continued by saying the strike began on June 7thand has impacted roughly 35 gravel and sand quarries in the area. He said as a result, many constructions projects in the area have been delayed. He anticipated that they may be feeling the effects through the remainder of the 2022 construction season. Mr. Sikich said a majority of the capital projects would not likely be impacted by the strike. He reviewed a list of projects and said that some have been completed already, some were still in the design phase, and some don't require large quantities of asphalt or concrete. Mr. Sikich said that there are many other projects around the Village that have already been impacted and have been suspended until materials become available. Those projects included the MFT Roadway Resurfacing Project, Prairie Avenue Resurfacing Project, Fairview Ave Resurfacing Project, and any in-house restoration concrete and asphalt work that Village crews work on such as patching roads, driveways, sidewalks and thinks like that. There would be a hold on those projects until concrete and asphalt become more readily available. He reviewed the projects that had not been effected by the strike yet, but could be affected depending on the length of the strike and how long it takes to get supplies. Mr. Sikich said the biggest issue he foresaw was some of the summer work would likely push into the school year, but said the Village would work with any effected schools to reduce any impacts it might have on their operations. He said there was a few projects delayed or postponed for various other reasons, but most should pick up again in 2023.

Commissioner Gilmartin asked if the projects impacted that were on-hold included things such as holes in the ground that were being surrounded by barricades.

Mr. Sikich said generally speaking the contractors had gone out and done a good job filling in holes, patching behind sidewalks, putting in sod. He said the roads were in decent shape but he wanted to get going on them again.

Mayor Barnett asked when things get sorted out and start back again, would the Village be in line behind IDOT to get materials, or would the Village get started as quickly as anybody else.

Mr. Sikich stated they would get started as quickly as anybody else would, but it would depend on which project was ready to go and which suppliers they used. He said there were still sand and gravel quarries producing, so small quantities were available for certain projects. He said with IDOT projects being shut down, contractors would have to make a decision as to where they get back in line.

At 7:40 PM the Mayor announced there would be a 5 minute break and the meeting reconvened in the Committee Room. All in attendance were invited to join.

MOT 2022-9500 - B. Motion: Authorizing Staff to Pursue Traffic Safety Improvements on Main Street and Highland Avenue Near Downers Grove North High School

Mr. Sikich discussed the proposed traffic safety improvements on Main Street and Highland Avenue near Downers Grove North High School. He said that on June 21st, he presented information to Council. He explained he process, status, and outlined the next steps of the project. He said they would review the preliminary design, also referred to as the PDR, done by HR Green in more detail and presented the design with exhibit boards. He said HR Green received comments on the draft PDR from the Village and IDOT. He requested Council direction to continue with the improvements and submit the draft PDR to IDOT for final approval. Mr. Sikich gave a history on the project, which had a goal of improving pedestrian safety at North and South High Schools. He said they hired Sam Schwartz to prepare the study which included extensive public engagement and was accept the Council in February, 2020. Several recommendations came out of the study and they reviewed those related to North High on Main Street from Sherman to Franklin and on Highland between Lincoln and Grant. On Main Street the recommendation consisted of a reduction to one lane in each direction, including protected left turn lanes or dedicated left turn lanes, center refuge islands, curb extensions, enhanced lighting traffic signal phasing modifications. He said the recommendation on Highland was to construct chicanes between Lincoln and Grant. Mr. Sikich said the Village hired HR Green last year and did the preliminary design based on traffic counts that they updated in October of 2021. Mr. Sikich stated they submitted the project to DMMC for grant funding and preliminarily it looks as if the Village will be awarded up to $1.47 million of the estimated $2.1 construction cost. A final decision will be given in September. He highlighted 3 keys findings that came from HR Green's work:

1.) A high number of vehicle and pedestrian crashes along the stretch of Main Street over the past five years; 99 crashes, eight involving pedestrians and bicyclists and one fatality.

2.) Left turning vehicles impedes the traffic flow; the lack of dedicated left turn lanes requires vehicles to stop in the inside travel lanes while they are waiting to turn, causing accidents.

3.) Inefficient traffic signal programming due to the lack of dedicated left turn lanes; traffic signals do not know if vehicles are waiting to turn or if they are going straight through.

Mr. Sikich discussed the proposed improvements, including the change to one through lane in each direction with addition of dedicated left turn lanes; optimized signals to provide left turn arrows only when needed; and adding designated bike lanes between Grant and Franklin with curb extensions at Grant Street to shorten the pedestrian crossing distance and provide a logical termination point for the bike lanes. Mr. Sikich said on May 23, 2022, a Public Information Meeting was held and was attended by around 15 people. Most of the comments about the diversion of traffic to surrounding streets, merge locations proximity to Ogden Ave, utilization of bike lanes, lighting, use of a temporary test case, and improvements on Highland Avenue. He also said one of the recommendations from Sam Schwartz included enhanced lighting along the Main Street corridor. Mr. Sikich stated that Council direction is request to continue to pursue the traffic safety improvements on Main Street and Highland. He stated that if so directed, the consultant would finalize the preliminary design report and submit to IDOT for approval. Once approved, they would enter into a contract with a consultant for final design of project. He said the estimated start of construction would be in 2024.

Manager Fieldman added they would be looking for feedback and dialogue from the Council to help understand when and how they would want to proceed or not proceed.

Mayor Barnett said there had been a lot of thought put into it this and the Council had the job to sort out the pluses and minuses. He opened the topic up for discussion.

Commissioner Walus asked about the bike safety and if there was anything that could be done to make bike lanes safe.

Mr. Sikich stated that on Main Street the space they had to work with only allotted for room to add bike lanes, otherwise the entire configuration of the road would need to be changed. He gave some of those configuration changes that would need to be made.

Mayor Barnett asked about using PVC tubes for bike lane safety; why we decided not to use them.

Mr. Sikich mentioned that because it was a main route and they were working with IDOT on the design, they had standards that needed to be met. He said they didn't have the room to widen the bike lanes.

Commissioner Kulovany said he wondered if it would be challenging for the people who had to back out to get onto Main Street.

Mayor Barnett asked what else was involved other than paint, other than the bump out curb in front of North High.

Mr. Sikich said that the improvements would involve curb work, north of Grant where the curbs bump in; street resurfacing; and traffic signal work.

Mayor Barnett received confirmation that the resurfacing would take place from North High to Franklin.

Commissioner Sadowski-Fugitt asked about the chicanes.

Mayor Barnett asked if the chicanes were a separate solution to a separate identified problem or if it was an adjunct to adjustments made to Main Street.

Mr. Sikich said they were a separate response to a concern on Highland, not in conjunction with concerns that were generated by Main Street.

Manager Fieldman added that Sam Shwartz shared there was a general concern about speed around school, so they added chicanes to help control the speed.

Commissioner Sadowski-Fugitt