May 11, 2004

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

Absent:Commissioner Marilyn Schnell

Visitors:Residents: G.L. Goodman, 5834 Middaugh; Liz Chalberg, Coldwell Banker; George Nicholaou, ReMax Elite; Tom Sisul, 5120 Main Street; Brian Pabst, 1614 Hall Street; Andrew Clark, 1226-62nd Street; Christine Fregeau, 1918 Elmore Avenue; Tony Dolatowski, 820 Maple; Larry Rosol, 655 Berrywood; Chris Lavoie, 633 Rogers Street; James Szymanski, 6841 Powell Staff: David Barber, Director, Public Works; David Van Vooren, Deputy Village Manager; Mike Millette, Assistant Director, Public Works; Doug Kozlowski, Director, Marketing & Media; Don Rosenthal, Director, Code Services; Don Scheidler, Code Services; Joe Skach, Director, Planning & Community Development; Jon Hall, Stormwater Administrator, Public Works; Rita Trainor, Director, Financial Services; Howard Hoffman, Fire Prevention Division Chief; Lori Sommers, Planner, Keith Sbiral, Planner

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.

Special Project

Mayor Krajewski introduced Mr. George Nicholaou who asked to make a comment.

George Nicholaou , 4845 Highland, said he had been watching television a few weeks ago and saw a program detailing an auto pulse resuscitation system being demonstrated by several paramedics in Downers Grove. Upon investigation, Mr. Nicholaou said that Village does not have this equipment. They cost $15,000 each and $42,000 would provide them for Village use. In the last week the tax-free non-profit organization entitled Downers Grove Save Your Heart Fund, was launched. Those involved in the organization are Mr. & Mrs. Nicholaou, Lynn MacKenzie, Kent Adams, and the Mayor. An account was opened with $2,200, and an additional $5,000 has already been raised. Their goal is to raise $1,500 a day for 30 days. He described the equipment and said it is used by only one or two other cities in the State of Illinois. If a patient is placed on this board, a wrap is placed around his chest, the paramedic turns it on and it automatically begins to perform CPR on the patient. Mr. Nicholaou said this effort is for family and community, and he encouraged everyone to make a donation to the Fund. Donations can be made at the Community Bank on Warren and Forest, the Downtown Management Office, or the Chamber of Commerce. When the funds have been raised they will purchase the equipment and present it to the Council.

The Mayor thanked Mr. Nicholaou and those residents who have already contributed to this cause.

MANAGER

CBD Deck Construction – Change Orders 3,5,6&7. Manager Ginex asked Mike Millette, Assistant Director, Public Works, to address this item.

Mike Millette , Assistant Director, Public Works, said these are the first Change Orders for the deck for Council approval. The sub-components of the Change Orders are listed in the memo distributed to Council.

Commissioner McConnell asked whether the colors for painting the floors have been selected. Some time back they discussed matching the colors with the Colors for Character Counts. Mr. Millette responded that there are five options of colors. The rough scheme includes purple for North High, blue for South High, and the primary colors.

Commissioner Tully said he thought the Change Order before the Council was for painting the doors and frame. Mr. Millette said they will match the floors so people can remember where they parked.

The Mayor said they can ask staff to look into naming the new street as well as colors and themes for the floors of the deck. Commissioner Tully said there could be a number of options such as school contests, naming after historical figures, etc. He agreed with getting a recommendation from staff.

Commissioner Tully then asked Mr. Millette to review the significant matters of the Change Order. Mr. Millette said CO #3 has two components: 1) upgrade of doors from coiling to rolling grilles; 2) six additional piles for impulse testing on the foundation system. He said that CO #5 contains two items, D & H. The contract was awarded with the option of expanding the underground storage tank to full capacity. They added three more bays of storage. This Change Order will provide revised underground plumbing. CO #6 is for the removal of obstructions during piling operations. As for CO #7, it is to correct an omission for core sealants to fill in gaps for safety purposes. The water will still flow through the drainage system.

Commissioner Tully asked why #7 was omitted. Mr. Millette said these last three were missed by the architect. They should have been in the original bid.

Green Acres Annexation, Rezoning & Subdivision. The Manager asked Joe Skach, Director, Planning & Community Development, to address this.

Joseph Skach , Director, Planning & Community Development, reported on the Plan Commission recommendation. The petition is requesting annexation of a 5.5 acre tract of land at 65th and Fairview, rezone it to R-3 and a Final Plat of Subdivision anticipating two exceptions. The first exception on five lots is for lot depth ranging from .7% to 6.4%. There is also an exception to providing sidewalks due to the wetlands on a tract of land. Mr. Skach said that the Plan Commission considered the request. Lots 12, 13 and 14 are currently proposed to include stormwater detention easements to provide for on-site detention within the subdivision. The petitioner has been working closely with staff and the County to ameliorate the wetland conditions in the future for two lots to the north.

Mr. Skach said the positive effects include the connection with Davane Court, and the opportunity to have 65th Street rebuilt and widened. He added that there would be a short cul de sac off of Fairview Avenue. The Plan Commission has recommended approval of this petition.

Mayor Krajewski said, in regard to staff comments in the report, he would like to know what is a requirement, and what is a suggestion. He said that information would be helpful on future reports from staff. The Mayor then questioned the overall status of the stormwater provisions and the wetlands. He reviewed the three subdivisions surrounding the site, saying that of the three subdivisions, none of them built stormwater as required. His concern is that in the future a check be made on the stormwater requirements to be sure it is done as submitted. The developer needs to do what he says he will do. The Mayor said that the Village was on probation previously because of violations, and he does not want to see that occur again.

Jon Hall , Stormwater Administrator, said that the Berrywood Estates development was prior to the current Stormwater Ordinance. There is a process in place to inspect the development for stormwater control after it is built. They are requiring a survey and calculations after they are built. He said that this particular site will involve future wetland maintenance and inspection.

Commissioner McConnell said she appreciated the developer’s efforts to improve the streets as that is a benefit to the community. She then referred to a May 5 Public Works memo, and asked Mr. Hall if everything in that memo is what the developer would be asked to abide by, and Mr. Hall answered affirmatively. Attorney Petrarca added that both the March 9 and May 5 memos will be referenced in the ordinance.

Commissioner McConnell then referred to excavation done prior to the staff looking at the wetlands. She asked whether a different sequence of activities would be helpful in the future. She said that the memos refer to a situation whereby identification of wetland areas was impossible. She said that in terms of the process it seemed difficult for the staff to make a good determination, and asked whether there should be a process put in place to avoid this situation. Mr. Hall responded that there was no application for a permit during excavation, and there may not have been an awareness that it was a wetland, because it may have been a farmed wetland. They are not always simple to identify.

Commissioner McConnell then asked at what point after completion staff goes out to inspect the work. Mr. Hall said that all stormwater improvements must be functional before permits are issued for further construction. He added that once there has been a disturbance to the wetlands, the developer has entered into a five-year commitment to maintain the area. The County has been brought into the process.

Commissioner McConnell then asked what the process is for naming the streets.

Brian Pabst , 1614 Hall Street, of Rosol Construction said the name of the street was requested by the developer in memory of his deceased sister-in-law. Attorney Petrarca said there is no formal approval process. Mr. Skach said it is reviewed by VOC . Commissioner McConnell said it was a very nice gesture and congratulated the developer, however, she wanted to know if there is a process in place to deny the names chosen if necessary.

Commissioner Tully said he understands that the developer almost always names the streets. It could be part of a theme, or whatever the developer chooses to use. He thought that came as part of the plat approval process, and the Council could address questions when the plat approval comes before them. He asked if there was something else in place of which the Council should be made aware. Mr. Skach said there was no formal guideline to his knowledge.

Commissioner McConnell noted that several times there have been advertisements for developments that have not yet been approved. She asked if there was any control over that, as it does raise some interesting misconceptions. Mr. Skach replied that staff has had discussion about this. They will make note to the developer that these ads do not imply that the Village approves of the development, and this is being done at their own risk.

Commissioner Sandack reviewed the procedures, including the annexation and rezoning. He said adjacent developments are zoned R-5 and R-3. He asked if this development is consistent with the others. Mr. Skach said the majority are R-3. Commissioner Sandack asked about the five lots, and that two lots are not being considered for construction due to the wetlands. Mr. Skach responded that two lots are not being proposed to be built upon, but Lots 12, 13 and 14 do not require exceptions. He confirmed that Lot 1 is in the wetlands and that the developer is not proposing to build upon that lot. He further confirmed that they are planning a 9-unit development out of a possible 14 lots.

Commissioner Tully asked what the current Future Land Use Plan designation is for this parcel. Mr. Skach said it is residential, 0-6 units per acre (yellow). Commissioner Tully said that in Mr. Sisul’s submission on behalf of the petitioner dated March 15, there was a reference to the O’Driscoll subdivision adjoining the subject property, and the Berrywood Estates indicating that both were granted larger lot exceptions. He asked that the Council be provided with information regarding the exceptions granted.

The Mayor asked that the information regarding exceptions be provided to the Plan Commission members as well. Mr. Skach said he would follow up on that.

Tom Sisul , attorney for Rosol Development, 3624 Saratoga, said he had information on a plat showing the O’Driscoll Subdivision and other neighboring subdivisions. In the O’Driscoll Subdivision there were 23 exceptions out of 27 lots. The subdivision to the south has 8 exceptions out of 12 lots. He said that the proposed development is consistent with the area.

Commissioner Tully said that one of the factors in their consideration is whether the trend is consistent with the area. That information is helpful to the Council making its decision. Regarding stormwater issues, Commissioner Tully agreed on the need for follow-up stormwater reports being provided to Council concerning compliance for this, and other developments. In regard to advertisements, he did not think the Council can restrict their speech, and said that this practice is not unique to this development. He does not think it is a wise business practice, but probably cannot be stopped.

The Mayor said that this is not even annexed as Village property as yet. He then referred to the last paragraph of the minutes concerning the proposed swale. Mr. Hall said that on the eastern edge of the Berrywood Subdivision, the petitioner will put a swale in to handle runoff from back yards. There is a 10-foot easement, and he understands that they can go on the property as long as they notify the owners and the Village approves the work.

The Mayor asked about payment and whether Rosol will pay for the swale, and Mr. Hall said that was his understanding.

Tony Dolatowski , 820 Maple, asked that they change the construction/demolition at 806 Maple. The Mayor said they can discuss this at the end of the meeting during general comments.

Dr. Gordon Goodman , 5834 Middaugh, addressed the naming of streets. It is his recollection that in the 70s and early 80s the Village had a list of historic figures as suggestions to the developers. He asked the status of that list. Village Attorney Petrarca said it is the Village Council policy to provide that information to the developers. Commissioner McConnell said they should share the list with the petitioners as they come forward.

Ethics Ordinance. The Manager said last year there were sweeping ethics reforms passed by the General Assembly, which was a comprehensive rewrite and revision of all State laws regulating ethical conduct, political activity, and making or accepting gifts. The law requires local governments to adopt ordinances regulating the same items no less restrictive than the State law.

MFT Resolution. The Manager said this is done yearly for roadway maintenance contracts. The Village anticipates spending $1,475,000 of MFT funds.

The Mayor asked what the policy is to notify residents. He was told that Staff will do the mailing and tell residents that it is coming, and are notified again when it will begin.

Amendment to Ordinance 4993 – Plan Examination Fees and Permit and Inspection Fees. The Manager said that outside consultant fees have increased tremendously, and they would like to have the plan review fees reflect these increases.

The Mayor asked if these fees mirror the outsourcing fees.

Howard Hoffman , Fire Prevention Division Chief, said they do.

Commissioner McConnell said that regarding item 5.1, the Fire Detection and Alarm System, she was unfamiliar with the partial system and asked for clarification. Mr. Hoffman responded partial systems could be for occupancy that was fully alarmed, but portions of the sprinkler system might have to be added to the system, which brings in the partial reviews. It is similar to an upgrade or enhancement.

The Mayor said that he and the Manager met with Hamilton Partners a few weeks ago, and they were concerned with the turnaround time for review for tenant buildout, which could take 2-3 weeks. When this is outsourced, it takes much more time. He asked what the procedure was. Mr. Hoffman responded that projects over 5,000 square feet has been outsourced in the past. They have altered some of their programs now, and have established a weekly log in order to track plans. They are attempting to keep it under 10 days.

Commissioner McConnell noted that under permit and assessment fees, there is a $50.00 fee for amusement ride inspectors. She asked if this should be a flat fee or a per-ride fee. Mr. Hoffman said they went with the flat fee per inspector, as it is a customer service issue. It can be altered to per-ride if necessary. They are trying to base the fee on actual costs. Commissioner McConnell said the issue is whether they are covering the expenses, and if they are doing so that is fine. Mr. Hoffman said that the walkthrough fee of $25.00 is based on taking about one hour of staff time.

Renewal of Contract for Outsourcing Fire Prevention Bureau Plan Review Documents. The Manager said there are 13,000 structures that get an annual inspection. The Fire Prevention Plan Review is the first important step. A bid process was done and the recommendation is to use Fire Safety Consultants for the larger structures.

The Mayor questioned whether the out-source might interpret the Code differently. Mr. Hoffman said staff reviews that the interpretation is based on our code. Mayor Krajewski said that some fire personnel have secondary jobs and he wanted it verified that none of them work for the out-source company. Mr. Hoffman said that he verified that today and none of them work with the company.

The Mayor then commented on the insurance. The Village is adequately covered but this does not appear to include errors and omissions. That should be included, and he is not sure how the Village is covered. He assumed that the consultant is covered, but wants to know how the Village is protected. Village Attorney Petrarca said that the Village is indemnified. The Mayor said he would like them to be required to have coverage.

Commissioner Tully asked about the interpretation of our Code and whether staff explains the Code to the outsourcing agency. Mr. Hoffman responded that they can teach interpretation of the Village Code. There are pre-building meetings to review this so as to avoid conflicts. He said that the planned Code revisions will be clearer and easier to follow resulting in less need for interpretation.

The Mayor said that they may want to take a proactive approach encouraging people to have pre-meetings to identify any potential issues. Mr. Hoffman said that a lot of this is being addressed through Planning. Fire Prevention has become substantially more involved in the planning phase.

Discussion of Sign Ordinance. The Manager said the Planning staff has put together a short presentation.

Commissioner Tully said that at the end of last week’s meeting, there was a discussion regarding a moratorium on new signage since the Village has decided to revisit and possibly revise its Sign Ordinance regarding commercial signs. This would prevent signs from appearing that are not consistent with the Village’s vision.

Mr. Skach said that Code Services and the Planning Department put together a signage picture in the Village. He said the definition of “sign” is formidable and broad. Sign provisions are integral to the Zoning Ordinance, and those provisions underwent a major update in 1998. He indicated that permits are required for signs, with some exceptions as listed in the ordinance. Regarding meeting current Code provisions, there are exemptions for legal non-conforming signs as of July 1, 1985. These signs must be registered.

Code Services most often sees the initial requests for permits. Last year there were 210 permits approved, and this year to date there have been 41 permanent and 89 temporary permits. Mr. Skach said appeals are generally through the Zoning Board of Appeals. Mr. Skach then showed a breakdown of existing signage in the Village. He said the Code does have a provision for appealing staff interpretation.

Mr. Skach said staff attempted to summarize key characteristics for a comparison between the Village and other communities regarding free-standing/ground signs and window signage. He reviewed the differences in some of the restrictions between the Village and Hinsdale in areas such as height, type of sign, setbacks, off-site signage, illumination and movement, etc. Mr. Skach said that staff has started to establish a baseline as to the existing signage starting with shopping centers. Staff will continue the baseline establishment with the goal to make every sign location searchable and mappable. Issues such as design guidelines have been discussed frequently and may require modifications.

The Mayor said he and Commissioner Tully attended a dinner in Addison. They noted that Addison had monument signs on their new buildings. He recommended looking at some other communities in regard to making modifications. The consideration today is whether or not to establish a moratorium on signage at this time. He asked if the Plan Commission and Economic Development Commission have looked at signage. Mr. Skach said they have within the context of aesthetics and the review of the Ogden Avenue Corridor.

Village Attorney Enza Petrarca said that a straight moratorium on all signs is probably not the way to go. She said that a moratorium could be placed with specific restrictions established, such as general size. Attorney Petrarca said that staff would want some type of parameters established by the Council.

Manager Ginex said staff gets almost weekly requests for updating signs from various businesses.

The Mayor asked about the flashing sign petition that went to the Zoning Board of Appeals. Mr. Skach said that the ZBA would have a final decision regarding signage. In the specific case regarding blinking signs, the ZBA denied the petition.

Commissioner Tully used Ogden Avenue as an example of time and money being spent to put together a vision. A model for signage would apply to Ogden Avenue, but would also be applicable to all business corridors in the Village. He said the Village needs to have an aesthetic vision and require some consistency of signage. But the Village cannot have an unduly adverse impact on businesses. He would like to see some restrictions on height, size, illumination and neon. He said they could begin by using the Hinsdale criteria and put a moratorium on anything outside of the Hinsdale ordinance parameters. Then they would work on the criteria to make it fit into the vision for Downers Grove. His recommendation would be to start with a moratorium using the 8 or 9 criteria discussed by Mr. Skach.

Commissioner Zabloudil expressed concern about a moratorium in general, although he would support a moratorium on anything over an identified parameter. He would not want to see a moratorium result in restricting businesses from coming into the Village. Height, size and placement of signage is a critical part of the requirements. They could tie the size of signs to the number of businesses being advertised.

Commissioner Sandack said he would like to start with the issue of negative effects on business. He does not think that is the case. He thinks there should be a minimum height, total area, no neon, no flashing movement or illumination, and placement established. He recommended a moratorium for three or four months.

Commissioner McConnell asked if they are really creating a moratorium or putting interim signage requirements in place. She said that a moratorium implies saying no, versus restrictions. She would be comfortable taking the Hinsdale information and modifying it.

Commissioner Urban said that he recently had to apply for a sign permit in the Village and found out that at Station Crossing he could have put up a 6’x32’ sign according to the Code. He doesn’t want to see this. He agrees that the moratorium should not go past three months, so as not to give the perception of being dictators.

The Mayor said it appears three months seems to be acceptable, and review other community restrictions. He would like the staff, Plan Commission and Economic Development Commission review this as well.

Commissioner Zabloudil asked the Village Attorney to consider what the moratorium would do if there was a change in a business type on Ogden Avenue requiring a change in signage.

Attorney Petrarca said that she will prepare an ordinance that will be in the form of a moratorium.

George Nicholaou , 4845 Highland, said he agrees 100% with the Council. There was some vociferous discussion between the EDC and Plan Commission regarding signage. He said he attended the ZBA meeting, and he thinks the Council should include the ZBA in its consideration. The ZBA members were concerned with what CVS was proposing. He said that one of the ZBA members asked him why this had not gone before the Plan Commission instead of the ZBA . Regarding lineal signage, he believes there must be discussion. On Ogden Avenue the Dodge dealership literally took all of its square footage and used the linear length making an enormous monumental sign. There has to be something done to stop the loopholes of leasing out land and putting signage on it that ignores the Code completely. Mr. Nicholaou said that they should also consider what occurs when a company changes names or purpose and its impact on signage. He pointed out that Addison and Naperville also have all monument signs. As an example, he noted that Firestone will change to Firestone/Bridgestone which will affect the signage considerably.

Dr. Gordon Goodman , 5834 Middaugh, said he supports the moratorium, and the approach to place minimum standards into effect during the moratorium period is fine. He said that petitioners should not be subject to the appeal procedure to the ZBA . That is a significant problem with the current Ordinance and he hopes that is removed. He believes the Council should be responsible for granting approval. Another important issue is the status of non-compliant signs after the new Ordinance is adopted. That will be one of the more difficult points of the new Ordinance, as to how to provide for property rights that build in a compliance timetable. He said that the standard legal non-conforming provisions might not serve the Village very well in this case. They may want to try a different approach by putting in a time-phasing provision, if it is legal. Dr. Goodman said that the Village needs to put an effort into cleaning up what exists now.

Liz Chalberg , 728 Randall and a member of the EDC , thanked the Council for taking this subject under consideration. She said an issue that has presented itself throughout has been lack of guidelines, lack of architectural expertise, etc. She added that they should look at the process for approval as it exists. Ogden Avenue signage should be reviewed by the appropriate group.

STANDING COMMITTEE REPORTS

Commissioner Tully said there will be a meeting on Thursday, May 20 of the Public Services Committee with a Standing Committee meeting at 6:00 p.m., and the Local Transportation Subcommittee at 7:00 p.m. The Subcommittee intends to review the recommendations prior to the full seven-member board being established.

ATTORNEY ’S REPORT

Village Attorney Enza Petrarca said she was presenting seven items to the Council: 1) An ordinance annexing 6500-6550 Fairview Avenue to The Village of Downers Grove, Illinois; 2) An ordinance amending the Comprehensive Zoning Ordinance of The Village of Downers Grove, Illinois, passed and approved April 19, 1965, as amended, to rezone 6500-6550 Fairview Avenue; 3) A resolution approving the final plat of subdivision for the Green Acres of Downers Grove Subdivision with exception; 4) An ordinance implementing the provisions of the State Officials and Employees Ethics Act in The Village of Downers Grove; 5) A resolution for maintenance of streets and highways by municipality under the Illinois Highway Code; 6) An ordinance amending certain plan review and permit fees; and 7) An ordinance establishing a moratorium on signs.

VISITORS

James Szymanski , 6841 Powell. is a student at Westlake College of Technology in Woodridge. He invented a product for automobiles, which is a car heater. He read a news release for the “Heat Wave” which heats the car without turning the engine on. It could be used in situations such as a car breaking down in the cold weather. He said this is now being made available for licensing and development, and he hopes to have Heat Wave in production in the near future.

Dr. Gordon Goodman , 5834 Middaugh, asked first how the Council workshop and retreat went, and asked for a summary. The Mayor said he would provide a summary before the meeting ends.

Dr. Goodman then referred to an e-mail he sent to the Council in February about historic preservation in the Village. He pointed out at that time a for sale sign at 806 Maple, which was the Lyman property at one time. When he returned from a vacation he found that the closing on that property was on April 1, at $725,000. He hopes it will continue to be an historical residential property on Maple Avenue, and said it is an example of what the Village could lose if it was not recognized as having historic value. He suggested that the Council ask the Historical Society to list 50 of the most significant historical buildings in the Village. He would like the Village to take a proactive step in this regard.

Mike Wall , 4703 Woodward, said he has been struggling to find the appropriate forum to discuss Woodward Avenue’s position on the sidewalk matrix. He doesn’t want to waste the Council’s time in this forum, however, it seems to him that unless he uses this forum, his questions and concerns go largely unanswered, which is frustrating. Mr. Wall said he is requesting action as Public Works acknowledges there is an error on the matrix which should show Woodward as having 53 points rather than 51, which would still not place it on this year’s agenda as the streets are listed alphabetically. He noted that two of the streets on the docket have lower average speeds than Woodward Avenue. In addition, he said that Manager Ginex responded to an e-mail to him that there was not the time or assets to do a survey and get Woodward on the docket for this year. In a recent meeting, Commissioner Schnell said this is a fluid process, and many of the Council echoed that thought. He said that if Woodward had been properly represented, the survey would have been completed and they would have been on the docket for this year. He knows that there are many worthy causes for spending the budget money, but he asked that consideration be given to see this happen for the Woodward Avenue residents.

The Mayor asked for confirmation that no survey has been done on Woodward, and Mr. Millette said no survey and no engineering have been done.

The Mayor said he would like Parking and Traffic to look at the streets near 63rd and Belmont regarding extra points due to State criteria. Mr. Millette said that engineering is done by the end of the summer or early fall for sidewalks for next year. He noted that the Parking and Traffic Commission will look at the matrix tomorrow.

Commissioner McConnell commented on the memo regarding the sidewalk matrix done by Public Works and distributed to the Council, saying it was well done. Mr. Millette said it was from Mr. Barber