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October 09, 2001

Mayor Krajewski called the Workshop meeting of the Village Council of the Village of Downers Grove to order at 6:30 p.m. in the Council Chambers of the Village Hall.

Present:Mayor Brian Krajewski; Commissioners Marilyn Schnell, Thomas Sisul, Michael Gilbert, Sue McConnell, Martin Tully, Mark Zabloudil; Village Manager Riccardo Ginex; Village Attorney Daniel Blondin; Village Clerk April Holden

Absent:None

Visitors: Press: Jennifer Taylor, Chicago Tribune Residents: Tom Bennington, DuPage County Board; Marilynn Gerloff, 4241 Highland Avenue; Phyllis A. & Andrew J. Clark, 1226 62nd Street; Dave Tatterson, 1240 Gilbert Staff: Jack Bajor, Director, Public Works; Sue Brassfield, Grants Coordinator; Liangfu Wu, Director, Information Services; Stan Balicki, General Support Services Manager, Public Works; Bob Porter, Police Chief; Mike Baker, Assistant to the Village Manager; Marty Lyons, Director, Financial Services

Mayor Krajewski explained that Council Workshop meetings are held the second and fourth Tuesdays at 6:30 p.m. The meetings are video taped live and for later cable cast over cable channel 6.

The Workshop meeting is intended to provide Council and the public with an appropriate forum for informal discussion of any items intended for future Council consideration or just for general information. No formal action is taken at Workshop meetings.

The public is invited to attend and encouraged to comment or ask questions in an informal manner on any of the items being discussed or on any other subject. The agenda is created to provide a guideline for discussion.

MANAGER

Manager Ginex said that Item #9 has been removed from the Agenda and will be discussed at a later date.

Bids:

Parking Lot Improvements – Main/67th St. Water Tower. Manager Ginex said staff recommends awarding the bid to J. Redding Asphalt Sealcoating Co., of Lyons in the amount of $30,550.48.

Detention Facility Professional Services, Project #06-01. The Manager said staff recommends awarding the bid to Bollinger, Lach & Associates in the amount of $70,000 for a two-year contract.

SCADA Control for Main/67th Water Tower. The Manager said staff recommends awarding the contract to Woodward & Curran in the amount of $19,900.

Purchase of DUI Cameras. The Manager said staff recommends purchasing six units from Kustom Signals, Inc., in the amount of $23,244.00.

Commissioner Tully asked about the detention facility contract. He asked about upcoming requirements.

Jack Bajor , Director, Public Works, said the IEPA requires communities to address water quality issues. He said that they must be compliant with the NPDES requirements. The Village must be able to identify the water quality, as well as the ability of wetlands to absorb water. He said that there are about 290 detention ponds in the Village and this project will involve 77 of those ponds. Brass monuments will be set and tied into the GIS coordinates.

Commissioner Tully asked how the brass markers work. Mr. Bajor said they will be required at the topographical contours of the detention facilities, inlet/outlet structures, size of pipe and how the configuration takes place. The monuments give control and are permanently embedded.

Commissioner Zabloudil asked about the SCADA bid and why this is coming up at this time. Mr. Bajor said the SCADA system allows the Village to monitor the water tower elevation. The system can fine tune points of connection. It was not done at the time of construction because it is unique in that the water tower had two contractors.

Commissioner Zabloudil asked why the parking lot improvements were also not included in the original bid. Mr. Bajor said that the 1999 agreement did not realize the extent of the damage made when the site was used as a staging area.

Manager Ginex said these items would appear on the next Consent Agenda.

Change Order #2 & #3 Sidewalk Improvements, Project #02-01. The Manager said staff is requesting additional expenditures to be made to install stormwater improvements adjacent to the portions of the public sidewalks due to be installed. Staff is requesting that the change orders be approved to M&C Scavelli in the amount of $110,776 plus a 10% contingency.

Commissioner Schnell questioned the funding source for the stormwater improvement as it is shown to be coming from the sidewalk fund. Mr. Bajor said the portion of funds used were for topographical surveying but not used.

Commissioner Schnell said if there was a surplus in the construction portion, they could have installed more sidewalks. This is being spent for the engineering portion. Mr. Bajor said that was correct.

Mayor Krajewski asked if the $89,000 is in addition to what would already be spent on Hitchcock and Grant. Mr. Bajor said it will be in addition, but for stormwater service.

The Mayor said that this area was already surveyed and Mr. Bajor said they came forward at the end of the season. Staff did not realize the extent of the drainage problem in the area. The Mayor asked whether the surveyors shouldn’t have mentioned the degree of the problem, and Mr. Bajor said for some reason they did not realize the extent of the overland drainage problems. The surveys should have been able to tell the Village this. He noted that often in-house service is utilized and they will have to watch this more closely in the future.

Commissioner Gilbert asked about mitigation as the closing date is being moved to the spring and there will be no grass on the parkways until that time. Mr. Bajor said they could perhaps use some type of fencing or straw for erosion control techniques. He said that the contract completion date is October 30 and they are ahead of schedule. He said they will do everything they can to tighten up on the schedule and provide for some restoration.

Commissioner Zabloudil asked when the sidewalks on Hitchcock were installed. Mr. Bajor said they are not completed yet. They have completed Pershing and Washington. This street will be at the end of the schedule.

Commissioner McConnell said they need to look at the stormwater as it is related to the sidewalks and reinforce this for next year’s budget as it will be tight next year.

Commissioner Tully said he understands from the report that future intentions are to link stormwater improvement projects with the sidewalk projects. He asked what process will be used to accomplish this. He asked if they will be looking at the 2002 matrix to identify those projects. Mr. Bajor said that all engineering is done in house and the staff works with residents for various aspects of the project, such as tree location. He said this is also a major change for residents to have sidewalks installed. Drainage concerns in some areas are very important. They had nothing to work from on Hitchcock regarding swales, etc. Mr. Bajor said he intends to get Bob Jungwirth involved in the field to identify problem areas.

Commissioner Tully said he understood that stormwater is not a factor in the sidewalk matrix consideration. Mr. Bajor said they may want to look at that. It has not been part of the matrix evaluation. Commissioner Tully said that might be something Parking & Traffic might want to consider.

Commissioner Schnell asked whether the newly annexed parcels in the southern end of town will be incorporated into the matrix. Mr. Bajor said he believes they have already been rated. They will be in the 2002 matrix.

Change Order: Hickory Court Ditch Improvements. The Manager said the Village made a commitment to local residents some years ago to enclose the open ditch south of Hickory Court. Trine Construction is under contract with the Village and has provided a quote in the amount of $25,699.63.

Landbank Agreement. The Manager asked Attorney Blondin to discuss this topic.

Dan Blondin , Village Attorney, said that neither Mr. Rosol nor Mr. Rickard are available this evening. He then reviewed some of the issues that need resolution in the hopes this can be made available for the next Active Agenda. He said there is a tight time schedule. He said the Rosol proposal was submitted for the landbank properties, and the Village Council tentatively authorized negotiations with Rosol for 26 townhouse units in the landbank property area. That number has been scaled back to 25 units. Rosol will pay $1,045,000 for the property. He described the locations of the buildings, stating the draft agreement presented to the Council is based on the on-going negotiations with Rosol.

Attorney Blondin said that several things that must be addressed are zoning ordinance changes, as well as submission of a Planned Development by Rosol Developers. He said that the final plans will be prepared and completed, and will go through the normal plan review process.

Attorney Blondin said the zoning changes that are anticipated are text changes scheduled for a public hearing this month before the Zoning Commission. They involve definitional changes to clarify the definition of townhouses, definition of lot area/density for townhouses in an R-6 area, and addressing setbacks primarily along Gilbert Street. Setbacks will be addressed as part of the Planned Development process to include common open spaces. Attorney Blondin said there will be a Planned Development process presented to the Plan Commission and then back to the Council. Tonight’s draft agreement calls for the Village to sell the property to the developer, and for the developer to build the project substantially in conformance with the plan with slight modification. In regard to locating the fence 2 feet off the Gilbert Street sidewalk, the revised plan calls for it to be more than two feet off the sidewalk, but not staggered as it is currently drawn. Further negotiations and discussions are going to be held with the developer on this issue.

Attorney Blondin said the developer’s schedule is aggressive, anticipating building demolition by mid-November. They have received financing through Hinsbrook Bank, and expect completion of the project by the middle of 2003. Regarding the 5,000 square foot park, it will be built last at a cost of $200,000 with a $25,000 gazebo. The development will meet stormwater retention requirements and may need to use part of the park as a detention area. He said there still is an issue related to the reverter, or what happens if the property is sold to the developer and the project is not completed. He said the agreement has provisions which are vague as this issue also involves the bank, as well as the Village and developer. He said they are discussing an option allowing the Village to regain the property. He hopes to be able to have these issues resolved so the item may be on next week’s Agenda.

Commissioner McConnell said the text amendment changes are clarifications to issues not clear in the Zoning Ordinance and those related to defining townhouses. Attorney Blondin said the definition of townhouses would not fit either development. In addition, there is nothing regarding townhouse density in the R-6 district. They will be using similar standards as related to multi-family districts. There will be some leeway regarding setbacks and common open space as related to a Planned Development approval.

Commissioner McConnell said she felt the fence is fine as long as it is 2 feet from the sidewalk. In addition, it is important to state clearly that the development needs to meet 100% of the stormwater detention requirements.

Commissioner Tully questioned the reverter issue, and suggested if it is kept in the agreement, the term “substantial completion” refers to the final plan, as opposed to the conceptual plan. Attorney Blondin said that was an excellent point.

Commissioner Gilbert addressed the issue of stormwater costs and asked how it would be handled. Attorney Blondin said the issue was worded as stormwater contaminants, and he was not sure what they meant by that term. It means that if the stormwater costs exceeded the budgeted amount due to unforeseen problems, the Village would cover the additional costs, if it was discovered after the project began. He said that the developer is proposing $300,000 worth of stormwater which appears to be more than enough. If a problem is discovered after the project begins the Village would agree to fund any difference in cost up to $100,000.

Commissioner Gilbert said that earlier Mr. Friedman had been directed to look at this project. It was his understanding that staff would create a document to protect the Village, as well as a letter of credit regarding the park. He asked why they are putting the developer, who is paying a fair market price for the property, through the excess rigors of addressing the financial matters. He thinks it is unreasonable. Attorney Blondin said the document before the Council is not a final document. There is concern about providing a letter of credit for the park. Attorney Blondin said he suggested to Mr. Rickard that they must firm up the information, and he understands Mr. Rosol and Mr. Rickard have discussed that issue. Attorney Blondin said he appreciates Commissioner Gilbert’s comments regarding requiring the financial information.

Commissioner Sisul said the question now is whether the letter of credit is available, and Attorney Blondin said that was correct. He said they may be looking at some other guarantee that the park will be constructed.

Commissioner Zabloudil said they should make sure the Zoning Board of Appeals is well briefed on the issues. Attorney Blondin said he intends to attend the hearing.

Commissioner Schnell asked about the proposals to move some of the houses and the status.

Mike Baker , Assistant to the Village Manager, said there are two parties who are interested in moving two separate houses on Gilbert. They have been told November 5 is the final date the Village could support their projects. He said they are confident they can make the November 5 deadline.

Mr. Baker said, in regard to the auction process which the Council requested, that he met with Jodie Murphy of MURCO in LaGrange. Ms. Murphy conducts auctions. She said the houses do not meet her customer base needs, but she gave several alternatives on holding an informal process. He will proceed with that information.

Commissioner Schnell asked about the asbestos removal. Attorney Blondin said he received information from Versar regarding the estimate for asbestos removal. The removal must be done before the demolition can occur. He said it may be a slow process. He will provide additional information next week regarding the timeline and cost. It will all have to be done no matter what, and this is not part of the Rosol development.

Commissioner Schnell asked whether it has to be done before the house is moved.

Brian Pabst , Director of Redevelopment, said it does as some is airborne asbestos. It must be off before the house is moved. Commissioner Schnell asked if the timing for asbestos removal would be factored in. Mr. Pabst said the Village will take the responsibility for asbestos removal. The question is whether the Village will take responsibility for asbestos removal for the houses being moved as well. He said those wanting to move the houses are in the permit process now, and he understands they can have the permits within two weeks. He said there is a monumental task involved in getting the houses moved. The asbestos is one of many issues involved here.

Commissioner Sisul said they have to examine the effect of the removal on the integrity of the structures, and weigh whether the costs will increase because they are trying to preserve the structures. Mr. Pabst said that the houses all have lead-based paint as well. He said from a contamination issue, the houses are not in good shape.

Commissioner Tully said that may be a reason to have the people moving the houses orchestrate the removal. If there are structural issues involved they would probably want to be involved in removing the paint and asbestos.

The Mayor asked about the letter of credit regarding the park. Attorney Blondin said the park will be built last. They are expending $200,000 for the park, and $25,000 into the gazebo. The Mayor said he assumes the developer had to submit information to a bank in order to obtain the loan. He said perhaps they should simply request permission to view the documents as financial information.

The Mayor then addressed the issue of the fence, which is to be 2 feet off the sidewalk. He said he doesn’t care if it angles back or is straight across as long as they maintain the 2 foot distance.

Commissioner Gilbert said he doesn’t want to spend too much time and money on Mr. Friedman’s services. Attorney Blondin said he will keep the Council advised of the issues as negotiations continue.

Commissioner Tully said they must be satisfied of the developer’s financial ability. Due diligence is standard commercial practice. He thought something along the lines of what the Mayor suggested would be appropriate.

STP Grant Applications. The Manager asked Stan Balicki to make this presentation.

Stan Balicki , General Support Services Manager, Public Works, said this was the third year of the STP program. He explained that the surface transportation program is federally funded and coordinated through the DuPage Mayor and Managers Conference. The grant is made possible through TEA -21 legislation. He noted that a good portion of Fairview Avenue was widened using federal funds. The funds can be used for bikeways, traffic, pedestrian projects, etc. The program recognizes that transportation is broader than roadways. The Village has participated in this funding source since 1997. He reviewed the other applications funded since 1999. To date the total funding received is $2,950,000 for local projects.

Mr. Balicki said staff takes these applications very seriously, and attempts to target projects that have already been identified as necessary long-term Village programs, and have been determined to be a good investment. He then reviewed the policies in place for funding. He said that the TEA -21 funds will expire in 2003. They are hopeful it will have some successor legislation.

Mr. Balicki then reviewed the three applications for funding the Village is submitting. The first is a traffic signal modernization at Finley and Brook Drive. Secondly, they are requesting a new traffic signal at Main and Franklin, as recommended by the Parking and Traffic Commission. He indicated that timing may be a concern, and use of the ornamental poles may also be an issue. The third project is the Maple Avenue bikeway connection which will provide a connection to the Forest Preserve. He said this project covers 1,500 feet between Dunham Road and Maple Grove Forest Preserve. He explained that staff coordinates with IDOT , who is required to review the proposal. The applications are due November 2, 2001.

Commissioner Tully asked about the timing concerns for Main and Franklin, saying it might be appropriate for the Public Services Committee review. Mr. Balicki said they think it is worth while to submit the application and see how they rank.

Commissioner Tully said his main question is whether submitting this project would obligate them to follow the timeframe in the process. He asked whether they lose control over timing the project. Mr. Pabst said the Mayors and Manager’s Conference promoted projects that are ready to move ahead. Even if it is slated for a later time, this could advance the completion of the project. He said, however, they would have to coordinate their project with IDOT and obtain their design approval. Regarding timing, Mr. Balicki said he did not have a clear understanding of how quickly the Council wants the signalization for Franklin and Main. He said it would be unlikely that these funds could be used next year.

Commissioner Schnell said the Public Safety Committee could look at it next week.

Commissioner Sisul said they could still start the application process.

The Mayor said they could also submit it and then pull it off if necessary. Mr. Balicki said they try not to pull things. The Mayor said they would only pull it if they wanted to move the project ahead.

Commissioner Schnell said that Parking and Traffic has already reviewed this and said it doesn’t meet the warrants. Her concern was if there was a legal issue here. She said if the Council wants to do this next year, it would not make sense to include this in the application. She would prefer to have it discussed at the Council level.

The Mayor asked whether there was a legal problem with the signal that is there now. Attorney Blondin responded only if there is a defect in the construction or operation. He understands it does not meet State warrants. The question is whether it creates a hazard at that location. It was not determined to be dangerous from an engineering standpoint. Commissioner Tully said it appears not to be a legal issue but a liability issue.

Commissioner Gilbert said the METRA consultant said that the conditions at the intersection warrant the installation of a traffic signal.

Commissioner Schnell said she would like to move forward and do this next year, and Commissioner Gilbert agreed with her. The Mayor said that they probably should not do this one.

Commissioner Gilbert asked if there was another project they could substitute. Mr. Balicki said there is probably not another similar project in terms of traffic signal work. He said it would probably not be too difficult to find another project, however. He added that for these projects, there is not in-house staff to engineer the projects. Consulting engineers are 100% locally funded. There is only one engineer to his knowledge on staff experienced to handle the projects. Mr. Balicki said he will probably consider looking at the roadway programs for collector streets over the next year or two.

Commissioner Gilbert asked whether funds can be retroactive. Mr. Balicki said any funds expended by the Village prior to receiving IDOT design approval are not eligible for reimbursement.

Commissioner Sisul asked about reviewing the scheduling of resurfacing Main Street from Franklin to Ogden.

The Mayor asked about the status of the train shelters. Mr. Balicki said they need to provide METRA with the design. He said that they will not be in before winter. They will be in next winter.

Commissioner McConnell asked if they are taking Main and Franklin traffic signals off the application list. Mr. Balicki said only if they can find another project. There are a lot of bikeway projects; however, they are not ready to move at this time.

The Mayor said they should take the Main/Franklin signal off and just go with the two applications. He said they have done a good job in the past.

Purchasing Policy. The Manager asked Mr. Lyons to make the presentation.

Marty Lyons , Director of Financial Services, referred to the revised purchasing policy before the Council. He said it was last revised in 1992. There were several items of a technical as well as monetary nature that needed updating. He said they have tried to make the policy as neutral as possible in terms of technology. They will have a training session for staff on a variety of finance issues. They are also looking to make sure there is good routing in reviewing all items. He said the Finance and Administrative Committee has reviewed the policy at length.

Commissioner McConnell said there were many edits of the policy. She said the intent was to simply clean up some of the work flow for each level of staff. Mr. Lyons said there will be a purchase ordinance presented to the Council for approval.

Southern DuPage County Regional Bike Trail. The Manager introduced Tom Bennington, Jr., of the DuPage County Board.

Tom Bennington said he met recently with Manager Ginex, and Mr. Cermak of the Park District to discuss the bike trail for DuPage County. He used an overhead to outline the path and how it links the southern portion of the County. He said they are proposing to link the communities in the southern section of the County to fill in the gaps so citizens can access a greater regional trail route. The expenditure will be about $7.5 million. He said the trail will consist of off-road trails where right-of-way is available, and some bike lanes will also be included. On-street signage will be included for more heavily trafficked areas. This will provide an amenity for over 1/2 million citizens. It is also a transportation alternative to parks, schools, golf courses, etc.

Commissioner Sisul said he thinks this is a tremendous amenity and is looking forward to taking advantage of the paths. He asked if a plan is available for the 2nd District. Mr. Bennington said the plan provides people the opportunity to go from the southern part of the County to Cook County and the Illinois Prairie Path. They hope that by the end of the decade a person could make a 60-70 mile lap around DuPage County, including Cook and Kane Counties.

Commissioner Gilbert complimented Mr. Bennington on the project, saying it is good to see the proposed connections. He understands how difficult it is to plan and to obtain funding.

Commissioner McConnell echoed Commissioner Gilbert’s statement saying this was a great plan. She asked for periodic updates and asked Mr. Bennington to inform the Village as to specific needs. Mr. Bennington said he would be pleased to do this. He said they will probably be looking to use other people’s amenities to fill the gaps caused by any possible lack of funding.

Commissioner Schnell asked how this will be publicized so people know how to connect between the sections. Mr. Bennington said they have asked to speak to various community groups. In addition, their Regional Trail Coordinator is responsible for publishing an update. The Forest Preserve has also published trail guides, as have some other agencies.

The Mayor thanked Mr. Bennington for the hard work of their organization. He asked if they will be losing committee members with the Forest Preserve-County Board changes. Mr. Bennington said they will both have their own distinct committees. He said he has served as liaison between the County Board and Forest Preserve District, and anticipates good cooperation from them.

Amendment to Personnel Manual. The Manager said Section 4.8 regarding Administrative Leaves has been amended to provide a clear definition as to the discretion of the Village Manager in assigning administrative leaves.

Commissioner Gilbert asked that wording be added to limit the time to place someone on leave without final disposition. Attorney Blondin said generally administrative leaves involves situation requiring investigations. He said they could provide some provision regarding Council advisement and the right to cancel. Commissioner Gilbert said he would like to ponder this a bit more and discuss it further with the Mr. Blondin. *

AT&T License Agreement.* The Manager said this item has been postponed.

File #03-97 Inappropriate Use Study: Main Street & Kenyon Street & Main Street and Blanchard Street.

Manager Ginex said this is the result of a request from School District 58. This provides exception for school buses to make right turns at that location. Parking and Traffic has recommended approval by the Council of this request.

STANDING COMMITTEE REPORTS

Finance Commmittee

Commissioner McConnell said they met with the auditors. Several suggestions were made which will be presented at the next Workshop. She said they have discussed using the Committee to keep track of things they are trying to address. Mr. Lyons said Commissioner McConnell and Commissioner Zabloudil have added an action plan and due date to add focus.

MANAGER ’S REPORT

Manager Ginex thanked those who attended the Fire Department Open House, saying there was a fantastic turnout. He also mentioned that on October 3 Ann Priorello conducted an Emergency Operating Procedures Training Session for all senior staff and directors. It was geared toward a disaster plan for local government directors. Directors were given handouts and their manuals will be updated within the next few weeks. Council members will also receive a copy of the manuals.

ATTORNEY ’S REPORT

Attorney Blondin said he was presenting the following items: 1) A resolution authorizing submittal of grant application to the DuPage Mayors and Managers Conference for FY 2003 Surface Transportation Program – Bikeway; 2) A resolution authorizing submittal of grant application to the DuPage Mayors and Managers Conference for FY 2003 Surface Transportation Program – Finley Signal; 3) A resolution amending the employee administrative rules and regulations of the Village of Downers Grove – Administrative Leave; 4) An ordinance authorizing school bus movement from Main Street to Kenyon and Blanchard Streets; and 5) An ordinance authorizing execution of a redevelopment and land purchase agreement pertaining to property in the downtown redevelopment project area of the Village of Downers Grove.

COUNCIL MEMBERS

Commissioner Zabloudil asked for an update on the status of the newsbox ordinance.

Commissioner Sisul said suggested staff conduct joint meeting regarding the Rosol project to avoid conflicting departmental directives.

Commissioner McConnell said the Brookbank Middaugh Task Force met last night and completed their planned agenda. One concern was how to make the median less dog friendly. She said they will be meeting again in about a month and are making good progress.

The Mayor congratulated West Suburban Humane Society for the Steps for Strays event on Sunday. It was a successful event. He also commented on the Open House at the Fire Department which was well attended. He noted that some children used the passports they received to get autographs of the firefighters.

Mayor Krajewski announced Open Houses and dedications for Downers Grove South High School on Sunday, and Downers Grove North High School next week.

There being no further discussion, the Workshop meeting was adjourned at 8:36 p.m.

April K. Holden Village Clerk tmh