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October 14, 2003

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, Sue McConnell, Martin Tully, Mark Zabloudil, Ron Sandack, Stan Urban; Village Manager Riccardo Ginex; Village Attorney Enza Petrarca; Village Clerk April Holden

Absent:None

Visitors: Press: Downers Grove Reporter, Kevin Stahr; The Sun, Kris Owens Residents: Allan Ambrose, Northern Trust; Resident of 7209 Matthias Rd; Sue Tysigte,1001 Valley View Dr.; Sue Liston, 7236 Powell Place; Deb Eisenhart, 7214 Ticonderoga; John Garcia, 4914 Pershing; Brian Pocybinski, 10321 S. 73rd, Palos Hills; Kay & Joe Nasvik, 3934 Earlston; Andrew Clark, 1226 62nd St.; Bruce Wiercioch, WXR & Assoc., Bloomingdale; George Johnson, Attorney, 1303 Ogden Staff: Amanda Browne, Planner; Mary Scalzetti, Director, Tourism & Events; Dorin Fera, Traffic Manager, Public Works; Mike Millette, Assistant Director, Public Works; David Van Vooren, Deputy Village Manager

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.

Guests

Mayor Krajewski asked a Girl Scout and members of Boy Scout Troop 227, and Troop 654 of the Kingsley School to introduce themselves. They were each given a Village pin.

The Mayor said when he spoke with them they said they wanted a pool and a skate park. He said those are questions for the Park District. The Mayor thanked all of the Scouts for coming to the meeting.

MANAGER

Bids:

Sidewalk Replacement Program. Manager Ginex asked Mike Millette to address this.

Mike Millette, Assistant Director, Public Works, said there is $50,000 in the budget. C&A Cement of Bloomingdale was the low bidder. The cost of Alternate A is $58,610 for repair only, and $110,992.50 including construction of one segment of new sidewalk along Carpenter Street. Mr. Millette said that staff recommends awarding the contract to C&A Cement for both alternates A & B.

Commissioner McConnell asked how they decide between Alternate A or B.

Commissioner Schnell asked Mr. Millette if they propose to do this work this fall, and he said they are. Commissioner Schnell expressed concern about the lateness of the year and the effect that may have on the pouring of the concrete and the restoration.

Mr. Millette responded that they can do concrete now and then cover it with straw or a plastic type of blanket. This can be done until there is frost in the ground,. He has no concern with the effect on the concrete. Sometimes in the spring it tends to be worse with the ground still settling after thawing. As for restoration, he said if they can get the topsoil in during the fall and seed it, it will germinate better during the spring. The real challenge is rain. He is hesitant to say we should not do it now. If, however, they select Alternate B, he asked that it be approved tonight so they have the extra week of time.

Commissioner Schnell asked if staff has had meetings with the Carpenter residents. Mr. Millette said he understood they went through P&T a couple of years ago. He said that in his discussions with Dan Grecco, two reasons were given to do Carpenter in that it is high on the matrix, and the next one (Earlston) is an estimate of about $90,000. He said he does not think this will be a surprise to anyone and the letters are ready to go out. It will be about a week’s worth of work.

Commissioner Tully said this is part of an on-going discussion, and some money has been freed up from unused MFT funds. He is uncomfortable dealing with these issues on a piecemeal basis. He would like to know about the 35th and Venard/Hickory Court ditch and the cost, in order to help him make this kind of decision. Commissioner Tully said that the $110,992.00, the Alternate B low bid, would include the repair and replacement, as well as the segment of Carpenter. There is already $50,000 in the budget, with the other $60,000 coming from the MFT funds. Mr. Millette said there was also the additional $6,000 from the 50/50 cost-sharing program for non-priority sidewalk replacement that could be allocated toward this if the Council desires to do so.

Commissioner Tully said that his view is that taking about $62,000 and getting the sidewalk done this year would be a good use of the funds. That leaves about $100,000 from the MFT funds that could be applied to the 35th and Venard/Hickory Court project.

Mr. Millette said they will present the 35th and Venard project at the next Workshop at a cost of about $60,000.

Commissioner Tully said that it is important to know the cost of 35th and Venard if they are to make a decision tonight on the sidewalks. He then asked how many people take advantage of the 50/50 sidewalk repair program, and Mr. Millette said there are about 11 or 12 this year. Commissioner Tully said he took advantage of the program himself and it is excellent and encouraged others to do so as well. Mr. Millette said that neighbors are notified when work is being done in their area about the availability of 50/50.

Commissioner Sandack said he is in favor of doing the Carpenter Street sidewalk, but also wants to see the list of priorities from staff as to the use of the MFT funds. Without that information he would hesitate to make a choice this evening on the sidewalks. Mr. Millette responded that he had given the former director a memo which stated Hickory Court as #1 priority at about $62,000, Carpenter as #2, Franklin and Main signals as #3 at $15,000 and a number of smaller projects.

The Mayor said that the Manager gave the Council the list of priorities, but the Council needs to give staff its priorities. He said that it appears that Hickory Court’s estimate is no more than $60,000.

Commissioner McConnell said she sees the priorities being the sidewalks as well as the 35th Street repair, so she would be in favor of moving forward with this.

Commissioner Urban said he thought the Hickory project was originally presented at about $150,000, not $87,000. Mr. Millette said that the hard dollars were quoted at $87,000. He thinks all costs will be about $60,000, with the exception of the monitoring, which would be in the range of $7,500. He said that two parts of Burke’s fee would be eliminated. Commissioner Urban said he is in favor of the sidewalk project, knowing that the Hickory ditch project will come in at $60,000.

Commissioner Tully said for clarification that the Council has seen the list of priorities. The problem was that some of the costs were “loose” at best. Now that they have figures he is in favor of Carpenter. He said it helps knowing that Hickory will not be more than $60,000.

The Mayor said that the consensus, then, is to move forward with the Carpenter Street sidewalks.

Joe Nasvik, 3934 Earlston Road, said that his job keeps him very up to date with concrete issues, and the current best advice is to complete concrete programs by November 1 to allow slabs to dry out adequately. He urged to get the guidelines statement from Illinois Ready-Mix Association, which are very clear.

Office Supplies. The Manager said bids were sent to nine vendors for basic office supplies. Staff recommends going with Warehouse Direct as the low bidder.

Heritage Festival Annual Report. The Manager asked Mary Scalzetti, Director, Tourism & Events, to address this item.

Mary Scalzetti, Director, Tourism & Events, presented the 2003 Heritage Festival Annual Report. This was the 22nd festival, which began as a one-day festival celebrating the Village’s 150th anniversary. Ms. Scalzetti said that revenues covered 95.2% of the expenses. Staff concentrated on revenue generators as well as cutting expenses. She then referred to the report as distributed to the Council.

The #1 source of income is the amusement rides which came in at $146,701, with the Beer Garden as #2, generating $77,234. Booth space rentals were also increased by $14,000 over last year.

Regarding costs, the entertainment was spaced out differently thereby eliminating one band per stage. In addition, a local resident donated sound and lighting services for one stage which also saved costs. Approximately $6,000 was also saved in rental costs by using sponsors.

She summarized that 95.2% of expenses were covered by revenue, well above the budgeted 75%. She reminded the Council to keep in mind that the cuts were made in capital purchases. When budgeting for future festivals these needs must be addressed. She thanked the Council for their support on behalf of the staff, and asked for the Council’s approval of the report.

Commissioner Tully congratulated the staff on a nicely done project, and thanked the staff for their hard work. He asked what the 4.78% that was not covered translates into. Ms. Scalzetti said it cost about $18,000.

Commissioner Sandack said that many people contributed to this event.

The Mayor asked if the figures include the 4th of July for staffing, and Ms. Scalzetti said they do. The Mayor asked about the bands that played for the 4th of July and whether they were paid the same fees as other towns pay. Ms. Scalzetti said it was the same amount. In regard to staff time, it equates to about $115,000, not including comp time. Ms. Scalzetti said she would find the comp time figures. This year they offered 16 hours comp time as a maximum, and will look at increasing this.

Mayor Krajewski asked about the shortage on page 7. Ms. Scalzetti said that the shortage usually runs between $400-$800 in ticket shortages. They should be able to track this.

The Mayor said in looking at the summary, the expenses were less than in 1998. He congratulated staff on a good job of looking at the expense side and still putting on an excellent Festival.

Ordinance for General Obligation Bonds Series 2003A. The Manager asked Dave Van Vooren, Deputy Village Manager to address this.

Deputy Village Manager Dave Van Vooren said they anticipate selling $12 million to complete the deck construction. The bulk of the funds will go to the deck with some excess toward the Curtiss Block and Washington Street projects in the future. He indicated that the interest rate has moved up to 4.25%. He has asked that they shorten the call provision to coincide with the 1999 bond issue. This would provide more flexibility in 2009. The call provision will cost about 5 to 10 bases points. Deputy Van Vooren said that these bonds will exceed the bank qualification, and the recommendation is not to try and bank qualify these bonds.

Commissioner Tully asked about the impact of the shortened call provision in terms of dollars. Deputy Van Vooren said it would be about $50,000-$100,000 over the life of the bonds.

Commissioner Schnell asked when the interest payments are due. Deputy Van Vooren said they will be due July 2004. They can be included in the levy or abatement. There are two years of amortized interest with the first principal payment in July 2006. In response to the Mayor, Deputy Manager Van Vooren said the first interest payment would be about $320,000.

The Mayor said this does not include the Metra payments toward the deck, which could be in two installments of approximately $900,000.00 each.

Ordinance Amending Parking Permits. The Manager said when individuals come in for permits, they are required to fill out specific documents particularly if they work in the downtown area. Some of these documents have been found to be inaccurate. This amendment will allow the Manager to revoke parking permits when false information has been provided.

Highway Authority Agreement. The Manager said this agreement is with Automotive Services to alleviate contamination from an underground storage tank below the right-of-way. This will release the Village from liability for the contamination. The Village commitment is two-fold: 1) it will not allow drinking water wells to tap into the ground water in the area of the right-of-way that may be contaminated, and 2) if the soil that may be contaminated is excavated, human health and the environment will be protected.

Agreement with Burlington Northern. The Manager said this is an extension of a 27-year old agreement. It formalizes the Village’s rights under the agreement and provides that the Village will continue to use the lots, maintain them, and be entitled to the parking fees and revenues for the premises.

Commissioner McConnell said the agreement is incorrect as to who owes the $1.00. Attorney Petrarca confirmed that was right and BNSF is correcting it.

Commissioner Tully asked the Village Attorney for the prior agreement from 27 years ago.

The Mayor said there appears to be some agreements that are very old, and asked whether the Village has some type of tracking system.

Attorney Petrarca said that the Legal Department attempts to track them as much as possible.

Final Plat Approval for the F.E.W. Subdivision: Two Lots, south side of 66th Street & west of Fairview. The Manager asked Amanda Browne, Planner, to address this item.

Amanda Browne, Planner, said this recommendation is from the Plan Commission to approve the requested subdivision, subject to two conditions: 1) the payment of school and Park District fees; 2) compliance with all applicable Codes.

The Mayor said that there seems to be a lot of interest on Fairview Avenue, and there could be six other potential developments along that roadway. He said that he knows the depth exception on this petition is approved, and another depth exception which has been denied. His concern is that having six potential developments along that side there may be inconsistencies in depth exceptions. He wants to know the reasons for acceptance or denial of depth exceptions and the criteria upon which the decisions were based.

Commissioner Tully agreed that the members of the Commission should articulate the reasons for “nay” votes whenever possible.

Lot Split at 4914 Pershing, west side of Pershing, north of Warren.

Ms. Browne said this is for a lot width exception from the required 75’ to a 60’ width.

Commissioner McConnell said her comment is not with this request, but more generally in regard to looking at the concept of teardowns and rebuilds, and what the Village wants to do to keep the character of the community while maximizing opportunities. She asked the status of that discussion.

The Mayor said that in this particular case, the question is flooding and stormwater. It is necessary to decide what is the most appropriate Commission to make the decisions. He has asked the Village Manager to poll surrounding communities regarding their restrictions in this regard.

Commissioner McConnell asked that they establish a date for the Council and Commission to respond back to the Manager.

Commissioner Schnell asked whether the 60’ lot split is consistent with the neighborhood. Ms. Browne said that it is not out of character for the area. Commissioner Schnell expressed concerns that teardowns are out of character. Concerns from residents have been expressed regarding the height of the foundations. We require a 3’ foundation, which is higher than existing houses in some cases. The Commissioner said that some communities have extraordinary requirements on in-fills and teardowns regarding stormwater requirements. She suggested surveying other communities’ restrictions in this regard as well.

The Mayor said he has heard from some builders saying that if the Village changed some of the Codes they could build better projects that would fit into the community.

Commissioner Schnell said that some residents have lived with this situation and can offer good suggestions as well. They have the experience of living next to the re-builds.

The Mayor added that the Village needs to look at what the code inspectors are inspecting and look at their staffing.

Commissioner Tully asked Ms. Brown about the block on Pershing as it has many 60’ wide lots. He asked for information as to whether the block has always had 60’ lots or if they are the result of numerous lot splits. Ms. Browne said she would provide that information.

Commissioner Tully said for clarification that this particular petition is not an in-fill but is a lot split. He generally is loath to see a lot go less than 75’ wide, particularly for stormwater regulations. He said, however, there is nothing in the Village’s Ordinance to prohibit this lot split.

Regarding the concept of teardowns and rebuilds, Commission Tully said he believes there are several things that have to be studied, including:

1)Foundation Height. He noted that the Stormwater and Flood Plain Oversight Commission has raised the issue of foundation height in the past, agreeing to review the 3’ above flood plain foundation requirement. 2)Stormwater – it is difficult to do a proper stormwater job on a 60’ wide lot, so they have to decide whether or not to allow lots less than 75’, or to institute a much stronger stormwater requirement. 3)Roof Heights – this is a Code Services issue. 4)Construction sight protocol – this is also a Code Services issue. He said that the issue is not teardowns. They are not inherently bad, but the surrounding issues must be evaluated. 5)Setbacks – this is a Plan Commission issue. 6)Floor Area Ratio – this is a Plan Commission issue. 7)Lot splits – he suggested the Council think long and hard about allowing lot splits less than 75’ unless some very strong stormwater requirements are established.

Commissioner McConnell added the following items:

1)Height and setback coordination, including shadowing issues for surrounding neighbors. 2)Flexibility on rooflines allowing for creativity. 3)Diversity of the types of houses on a street in terms of the architectural design and cost. 4)Trees and landscaping requirements. 5)Sidewalk issues and policy. 6)Driveway construction materials – is there a need to require an impervious driveway

Execution of an Amendment to the Grant Agreement between the Village and the Illinois Environmental Protection Agency. The Manager said the Village was awarded a grant of $711,948 to support the north Belmont Park infrastructure. This amendment reduces the original amount of the grant by $332,570. The bid award was in the amount of $526,183 which was below the grant amount; therefore, the total amount has been revised to reflect the changes.

Amending Speed Limits on Village Streets. The Manager said in April 2003 an ordinance was adopted making all streets in the Village 25 mph, unless otherwise posted. Prior to the adoption of this ordinance all Village streets were 30 mph unless otherwise posted. Currently in the Municipal Code there are speed limit designations for 20 mph, 35 mph, 40 mph, and 45 mph. All remaining roadways not listed under any other category are automatically classified as local roadways with a statutory speed limit of 25 mph. This amendment is to add a 30 mph category for designated roadways.

STANDING COMMITTEE REPORTS

Commissioner Zabloudil said the Finance Committee met earlier this evening and discussed the preliminary draft of the audit results.

Commissioner Tully said the Local Transportation Subcommittee will meet on October 30 at 6:00 p.m., and the Stormwater Utility Committee meets October 27 at 7:00 p.m.

ATTORNEY ’S REPORT

Village Attorney Enza Petrarca said she was presenting eight items to the Council: 1) An ordinance providing for the issuance of General Obligation Bonds, Series 2003A, of the Village of Downers Grove, DuPage County, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds; 2) An ordinance concerning parking permits; 3) A resolution authorizing execution of a tiered approach to corrective action objective agreement between the Village of Downers Grove and Automotive Services, Inc.; 4) A resolution authorizing the execution of a Station Agreement between the Village of Downers Grove and the Burlington Northern and Santa Fe Railway; 5) A resolution approving the final plat of subdivision for the F.E.W. Subdivision including lot depth exceptions; 6) An ordinance approving a lot split with an exception with regard to lot width for the property commonly known as 4914 Pershing Avenue; 7) A resolution authorizing an amendment to a grant agreement between the Village of Downers Grove and the Illinois Environmental Protection Agency; and 8) An ordinance amending speed limits on Village Streets.

Attorney Petrarca said that staff requests that the Council waive its traditional one-week waiting period and move to approve the bid for sidewalk replacement and sidewalk installation on Carpenter Street.

Commissioner Tully moved to waive the traditional one-week waiting period to consider new business. Commissioner Urban seconded the Motion.

AYES :Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Schnell, Mayor Krajewski

NAYS :None

Mayor Krajewski declared the Motion carried.

Commissioner Tully moved to approve the contract for the 2003 Sidewalk Replacement Program to include one segment of new sidewalk on Carpenter Street. Commissioner Urban seconded the Motion.

Commissioner Tully said this is all contingent upon seasonal issues, and engineering issues that allows the concrete to be laid in a manner that will remain durable and acceptable and consistent with the Village standards.

AYES :Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Schnell, Mayor Krajewski

NAYS :None

Mayor Krajewski declared the Motion carried.

COUNCIL MEMBERS

Commissioner McConnell reminded everyone of the North High School Walkathon on Sunday.

Commissioner Tully congratulated Downers Grove South on the second annual Mustang Music Bowl. He also said that he attended his 20th high school reunion at Downers Grove North this past weekend. Many of the graduates still live within the Village, and he received numerous positive comments regarding the downtown area and the direction the Village is heading.

Commissioner Zabloudil said that Downers Grove North and South play this weekend.

Commissioner Schnell invited everyone to the Character Counts breakfast at Isabella’s Restaurant on Main Street on October 25.

The Mayor announced that the Silent Parade was well attended, and there were Fire Department members from many areas. He then noted that a representative of Lombardi’s Fresh Foods said the Village staff was very helpful to them in getting their business established. Finally, he said that Blue Cross/Blue Shield is moving into Downers Grove, and he attended their grand opening. They also had good things to say about working with the Village staff.

ADJOURNMENT

Commissioner Tully moved to go into Executive Session pursuant to Section 2©(11) of the Illinois Open Meetings Act to discuss potential or existing litigation. Commissioner Urban seconded the Motion.

VOTE : AYES : Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Schnell, Mayor Krajewski

The Mayor declared the motion carried.

Mayor Krajewski adjourned the Workshop meeting into Execution Session at 7:50 p.m.

April K. Holden Village Clerk tmh