September 07, 2004

1. Call to Order

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

Pledge of Allegiance to the Flag

Mayor Krajewski led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Ron Sandack, Commissioner Stan Urban, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and Village Clerk April Holden

Mayor Krajewski said he would like to remind everyone present that the Council meeting is broadcast over the local FM radio station, WDGC . In addition, a tape recording and videotape of the meeting are being made using Village owned equipment. The videotape of the meeting will be used for later rebroadcast of the Council meeting over the Village cable television Channel 6.

The Council will follow the rules of conduct for this meeting as provided in Sec. 2.5 of the Downers Grove Municipal Code. These offer the public the opportunity to comment at several points in the meeting. First, immediately following approval of the minutes of the past meetings, an opportunity will be given for public comments and questions on the active agenda items for this evening’s meeting. Following this, an opportunity is given for public comments and questions on any subject. Finally, if a public hearing is scheduled for this meeting, an opportunity is given for public comments and questions related to the subject of the hearing.

The Mayor stated that at the appropriate time the presiding officers will ask if there are any comments from the public. If anyone wishes to speak, the individual should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name and address. He stated that remarks be limited to five minutes, and asked that individuals refrain from making repetitive statements.

The Mayor said there are agendas located on either side of the Council Chambers, and he invited the audience to pick up an agenda and follow the progress of the Council meeting.

3. Minutes of Workshop and Council Meetings

Council Meeting – August 17, 2004 Workshop Meeting – August 24, 2004 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Proclamation: Mayor Krajewski proclaimed September 17-23 as Constitution Week in the Village of Downers Grove, and urged citizens to reaffirm the ideals of the original founders of the Constitution. He then presented the Proclamation to the Daughters of the American Revolution representative.

Martha Miller, Representative of the DAR thanked the Mayor and Council for their continued support of the Constitution. She said that the DAR is a 114-year old organization. The Downers Grove Chapter is 95 years old and one of the oldest chapters in the United States. The national headquarters holds the second largest genealogy library in the United States as well as a museum and executive offices. She then reviewed many of the special contributions and activities sponsored by the organization including support of two schools, presentation of scholarships, supporting the refurbishing of the Statue of Liberty, and various other charitable endeavors.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Dr. Gordon Goodman, 5834 Middaugh, commented on the lot split at 806 Maple. He agreed with Commissioner Tully’s comments at a previous meeting regarding the need to be better prepared for the next time an issue such as this occurs. Dr. Goodman said he is pleased that the subject house will be preserved, and hopes that the house built next to it will be in keeping with the neighborhood.

Mayor Krajewski said that modifications need to be made so it can fit into the neighborhood.

B. Comments and Questions on General Matters

Dr. Gordon Goodman, 5834 Middaugh, commented on the DAR and Constitution Week tribute. He was first involved with the DAR in 1991 in connection with the Open Lands Association. He noted that in many projects involving land use or land preservation, the DAR provided their full cooperation to the projects. He was pleased to see them recognized.

5. Public Hearings

6. Consent Agenda

COR00 -01707 Claim Ordinance: No. 5545, Payroll, August 20, 2004 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01708 List of Bills Payable: No. 5540, September 7, 2004 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A Passed The Consent Agenda

A motion was made by Commissioner Tully, seconded by Commissioner Urban, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski

7. Active Agenda

ORD00 -01711 Ordinance: Liquor Service Extensions Sponsors: Liquor Commission Summary of Item: This will amend certain liquor policies concerning requests for the extension of liquor serving hours.

AN ORDINANCE CONCERNING LIQUOR SERVICE EXTENSIONS

ORDINANCE NO . 4607 A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Liquor Ordinance Amendments

ORD00 -01712 Ordinance: Amend Provisions for Not-for-Profit Clubs Sponsors: Liquor Commission Summary of Item: This will amend certain liquor provisions concerning bingo/pull tab/jar games conducted at Club (Class “C”) licensed premises.

AN ORDINANCE AMENDING PROVISIONS FOR NOT -FOR-PROFIT CLUBS

ORDINANCE NO . 4608 A motion was made by Commissioner Urban to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Liquor Ordinance Amendments

ORD00 -01718 Ordinance: Amend Provisions for Conducting Charitable Games on Liquor Licensed Premises Sponsors: Liquor Commission Summary of Item: This will amend certain liquor provisions providing for charitable games conducted upon liquor-licensed premises.

AN ORDINANCE AMENDING PROVISIONS FOR CONDUCTING CHARITABLE GAMES ON LIQUOR LICENSED PREMISES Commissioner McConnell moved to adopt an ordinance amending provisions for conducting charitable games on liquor licensed premises as presented. Commissioner Schnell seconded the Motion.

Commissioner McConnell said that it was pointed out to her that there may be a loophole in the language regarding the sponsorship of casino nights (Sec. 3.33(2)). She then read that section, and stated she wished to amend the previous Motion.

Commissioner McConnell moved to amend the Motion to read that “for purposes of this section Downers Grove not-for-profit organizations shall mean a not-for-profit organization with a corporate headquarters located within the corporate limits of the Village of Downers Grove, and such not-for-profit organization will directly provide financial assistance to a Downers Grove resident or organization in an amount equal to or greater than 50% of the profits derived from such charitable games.” Commissioner Schnell seconded the amended Motion.

Attorney Petrarca asked if she was strictly prohibiting any out-of-town headquartered not-for-profit that directly benefits Downers Grove. Commissioner McConnell said that was correct, and it is more limited than originally discussed, but she felt it better to start small.

The Mayor said they need to define corporate headquarters. Commissioner McConnell said she believes the corporate headquarters has to have a Downers Grove address. There was some question as to which organizations would fall into the category of having corporate headquarters outside of the Village, and it was determined that many would be effected by this, such as the DAR , Rotary Clubs, etc. Commissioner McConnell said she felt if there was a way to limit it to provide for Downers Grove based organizations providing for Downers Grove residents, she would be willing to look at it, but that would be the only acceptable language for which she would vote.

Commissioner Tully addressed the amendment, suggesting that they have staff work on this Ordinance a bit more, since some issues have been raised. He said if this is going to be done it could be done on an expressly probationary basis to disallow expectations that this will continue to be allowed without review. One concern is that there is no experience with this and having a probationary basis could provide an opportunity to determine whether to continue this.

Commissioner Tully moved to table this Ordinance to a date uncertain. Commissioner Sandack seconded the Motion.

The Mayor said he did not expect this to be brought forward this evening. He questioned whether 3.38(e)(1) could be reviewed as well in regard to the number of locations that would be used.

Commissioner Sandack said he also was not prepared to vote on this in the affirmative tonight for many reasons. He thinks a limited casino night for a local charity would be better suited at the facility of the sponsoring not-for-profit group. He is worried about drawing in other “charities.” He does not want to be the only town in DuPage County doing this. He has no problem with bingo, but does have problems with the casino portion.

Commissioner Schnell said she believed they need to proceed cautiously. It needs to benefit only Downers Grove charities. They need to start with churches and smaller organizations that traditionally have casino nights. She has reservations about opening this up to liquor establishments without more thought. They run the risk of inexperienced people serving liquor to people participating in the charitable event.

The Mayor said that Ms. Conforti could argue, however, that people with liquor licenses have experienced people who would serve legally.

Commissioner Tully said that these questions underscore the need to think this through more carefully. They want to try and accomplish the positive purposes behind this.

Mayor Krajewski suggested workshopping this again. A motion was made by Commissioner Tully, seconded by Commissioner Sandack, to Table Indefinitely this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Liquor Ordinance Amendments

ORD00 -01713 Ordinance: Grant Stormwater Variance for 1111 Warren Avenue Sponsors: Public Works Summary of Item: At their meeting of August 18, 2004, the Stormwater and Flood Plain Oversight Commission recommended granting a stormwater variance for the property located at 1111 Warren Avenue.

AN ORDINANCE GRANTING STORMWATER VARIANCE FOR 1111 WARREN AVENUE

ORDINANCE NO . 4609 Commissioner Urban recused himself as he is a lease holder in the CBD TIF District.

Commissioner McConnell said she thought the County was going to give an advisory opinion on this; however, they didn’t do so. She asked if a provision could be included in the ordinance providing for compliance with the recommendations from the County. Attorney Petrarca suggested that it would be appropriate to add an amendment to the Ordinance making that a condition.

Commissioner Schnell said that the Village has been in trouble with this before, and if the County comes and says they are not in agreement, the Village needs to have something that will satisfy them. Attorney Petrarca deferred to Jon Hall.

Jon Hall, Stormwater Administrator, Public Works Department, said the Village did not officially initiate a request with the County, other than what is required in the Ordinance. It is the County’s administrative policy to put all variances on their Stormwater Committee Agenda. It does not officially effect the Village’s decision, although he was told that if the Village decision differed from the County, the project would likely be audited in the future.

In response to the Mayor, Mr. Hall said the Village does not routinely send permits to the County, although staff will consult with the County if they feel something might be controversial.

Commissioner McConnell said she would be reluctant to pass this without a condition stating if the Village gets negative feedback from the County, we would require the petitioner to comply.

Commissioner Sandack said that the Village is a full-waiver community. If the Village looks for County approval on all items, it might as well give back its full-waiver status. He said that the Village has a job to do and he would like to see the Village do its job.

Commissioner McConnell said she doesn’t see this as a normal request and that’s why she is concerned. There are a number of things in this request that just do not fit into the normal situation. In this particular case there are some unusual requirements that do not fall within the normal type of variances.

The Mayor reviewed with Jon Hall that they are considering a 100% impervious piece of property, which is a parking lot. They intend to build a bank with greenspace in the front that will help drain the property and they will have an underground stormwater drainage system. He asked whether there was something else there that the County might find objectionable, since it appears to him as if they are actually improving the property.

Mr. Hall said that when a site is redeveloped, the County treats it the same as if it had never been developed.

Commissioner Tully said he recalls that this site has been reviewed carefully in terms of stormwater because it was categorized as LPDA . Mr. Hall said it was categorized as an LPDA , and was also recently included in the FEMA floodplain maps. He said that Christopher Burke did the review for the petitioner, and Lavoie did the review for the Village of Burke’s work.

Commissioner Tully asked if it would be fair to say this has received heightened scrutiny, and Mr. Hall said it has but there are other issues to be worked out not related to the variance. Commissioner Tully asked how the County’s Stormwater Commission’s decision is recorded, and Mr. Hall said it might be reflected in their minutes, however, he has not been involved with variances before the County. Every variance done has been related specifically to the Village’s Ordinance, and not the County Ordinance. As a variance they are following the design process for exceptions to the Code.

Commissioner Tully said the problems which occurred in the past were due to not following the Ordinance and not documenting items for possible auditing to justify the action. He said he appreciated Commissioner McConnell’s comments. The Village doesn’t want to jeopardize its full waiver status, which is beneficial in that the Village does not have to submit everything to the County. He noted that he understood that the most the Village would get out of this is an advisory opinion that offers no protection against any future audit. He thinks they should be bold and proceed on this.

The Mayor said that in the past the Village did not send these things out to experts. In this case, there have been two consultants who have reviewed this and both consultants agree.

Mr. Hall said he hasn’t heard any comments that would affect the flood elevation. The main issue is a matter of policy. The consultants, staff and FEMA are involved and there will be postings that the area will be at flood risk. He said it is a parking lot now. A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Stormwater Variance, Flood Plain Variance

ORD00 -01714 Ordinance: Authorize a Special Use with Variations for Community Bank of Downers Grove to Permit Construction of a Two-Story Retail Banking Facility with a Drive-Through Sponsors: Plan Commission Summary of Item: At their meeting of June 21, 2004, the Plan Commission unanimously recommended that a Special Use with variations be granted for the property located at 1111 Warren Avenue, for a two-story retail banking facility.

AN ORDINANCE AUTHORIZING A SPECIAL USE WITH VARIATIONS FOR COMMUNITY BANK OF DOWNERS GROVE TO PERMIT CONSTRUCTION OF A TWO -STORY RETAIL BANKING FACILITY WITH A DRIVE -THROUGH

ORDINANCE NO . 4610 Commissioner Urban recused himself as he is a lease holder in the CBD TIF District. A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Special Use – 1111 Warren Avenue

ORD00 -01715 Ordinance: Approve a Lot Split with Exceptions for 806 Maple Avenue Sponsors: Plan Commission Summary of Item: At their meeting of July 19, 2004, the Plan Commission recommended to approve a lot split with exceptions with regard to lot width for the property commonly known as 806 Maple Avenue.

AN ORDINANCE APPROVING A LOT SPLIT WITH EXCEPTIONS FOR THE PROPERTY COMMONLY KNOWN AS 806 MAPLE AVENUE

ORDINANCE NO . 4611 Commissioner Schnell concurred with the comments made earlier, and she hopes that this opens up a dialogue about redevelopment and historic preservation in the community. She reminded everyone of the Community Dialogue meeting on redevelopment on Saturday, September 18 at 8:00 a.m. at Downers Grove South High. People can register on-line or by calling the Village Hall.

The Mayor said that Mr. Jacobs, the owner, said he would be willing to entertain the idea of giving the Village a first right of refusal. Attorney Petrarca said she sent him a letter. A motion was made by Commissioner Zabloudil, seconded by Commissioner Tully, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Lot Split

ORD00 -01719 Ordinance: Amend the Moratorium on the Sign Ordinance Sponsors: Planning and Community Development Summary of Item: This will authorize further amendments to the moratorium on the issuance of any request for sign permits.

AN ORDINANCE AMENDING A MORATORIUM REGARDING THE SIGN ORDINANCE IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4612 Commissioner Tully said, as way of background regarding this ordinance, there was a request for a pylon sign on Ogden Avenue which was denied as it did not meet the requirements of the ordinance. The Council subsequently felt it was appropriate to consider a setback change to accommodate the sign. This ordinance provides a provision regarding setbacks.

Commissioner Zabloudil said the Sign Committee may have additional concerns about the Ordinance and how it applies to the CBD . Specifically he referred to the last sentence and whether it applies to all areas including the downtown CBD . Attorney Petrarca said that for purposes of the moratorium, it applies to all areas. The Sign Committee is looking at requirements per specific areas for the Ordinance revision.

Commissioner Sandack agreed with Commissioner Zabloudil. He said he does not want to have individual applicants come to the Council every two weeks and fine tune the Ordinance. The Committee is attempting to include the suggested changes. He believes this to be a good change, temporarily. He agreed that the last sentence should be changed so as not to include the CBD , and Attorney Petrarca said that the issues of sight lines exist in the CBD as well as on Ogden Avenue, and as a temporary measure, this will apply to the entire Village.

Commissioner Zabloudil said that he hopes the next revision will address the downtown since he sees that as an entirely different situation.

The Mayor said that the suggestion is that the CBD is done separately from the rest of the Village. Attorney Petrarca said that might not be feasible in terms of rewriting the entire Code. The Mayor said that maybe they should bring the Ordinance to the Council in portions. A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Zoning Ordinance – Signs

8. Mayor’s Report

Materials to be Received – Minutes

Finance Committee – August 3, 2004 Library Board – July 28, 2004 Liquor Commission – August 5, 2004 Performing Arts Study Commission – July 22, 2004 Plan Commission – June 21, 2004 Stormwater & Flood Plain Oversight Committee – May 27, 2004 A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

Manager Ginex announced that Mike Baker has been chosen as a participant in the International Management Exchange Program, and will go to Germany. His counterpart from Germany will come to the Village first from October 16 to October 26. Mike will go to Germany November 13 to November 28. There will be no cost to the Village for this trip as the International City/County Management Association will provide a stipend.

The Manager further announced that tonight is the first night that the lights will be left on in the parking deck.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Finance Committee

Commissioner Sandack said that Finance Committee met and discussed the budget calendar and the Home Rule Sales Tax and the effect of the sunsetting of that. He said discussion also included future planning for the budget, and fire protection fees due to the Village.

The Mayor asked when the Village will receive the audit report. Rita Trainor, Finance Director, said they expect it in late September.

12.Council Member Reports and New Business

Commissioner Schnell reminded everyone of the Fine Arts Festival this weekend.

Commissioner Tully reminded everyone of the Education Foundation 58 Kelly Miller Circus to be held on September 21. Advance tickets sales end on Friday. The funds will go to support District 58 schools. Information can be obtained at 719-1827.

The Mayor asked about County Stormwater employees. The Manager said he was told that several left their positions. Mr. Hall said there were three changes in employees at the County.

13. Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section 2©(2) of the Open Meetings Act to consider collective negotiating matters and pursuant to Section 2©(1) to consider personnel. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:40 p.m