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October 18, 2005

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 William Waldack and Mayor Brian Krajewski Non Voting: Village Attorney Enza Petrarca, Village Clerk April Holden, Assistant Village Manager Michael Baker and Deputy Village Manager David Fieldman

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

Executive Session Minutes for Approval Only – September 13, 2005 & September 20, 2005 Council Meeting – October 4, 2005 Workshop Meeting – October 11, 2005 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Ken Gould, 408 Lake Avenue, commented on the National City Bank presentation at last week’s Workshop. He said that one of the strongest points made was the reduction of curb cuts; however, he believes the real issue is traffic flow and traffic safety. During that meeting there was discussion concerning a traffic study, and he believes that the applicability of that study is very dubious. The study was made on September 22 with many volume figures which were taken from a previous study done over a year ago. He said he doesn’t recall seeing a group of people doing a study at Fairview and Ogden in September. Since GPD paid for the study it is probably slanted in their direction. He has spoken with many neighbors on Lake Avenue and almost all agree that they would like to see the Bank at that location, but right now the focus has been on traffic interruption. The problem is not one of traffic interruption, but the issue is safety. The proposed full-access off of Fairview Avenue will result in accidents waiting to happen, and the focus must be on safety to prevent injuries or disabilities to other people.

B. Comments and Questions on General Matters

Dr. Gordon Goodman, 5834 Middaugh, said he had three items on which he wished to comment. First, he noted that the Village is approaching the anniversary on which Resolution 2004-73 regarding the Architectural Design Review Board was established. He said there are no members and there have been no meetings. He sees this as an important function, particularly with the review of the Zoning Code and other changes and redevelopment within the Village. The Architectural Design Review Board should be an important link in these renovations and changes. He challenged the Council to have the Board running by November 16, 2005.

Secondly, Dr. Goodman said that on October 26, the next round of public discussions regarding teardowns and redevelopment would take place sponsored by the Downers Grove Coalition for Managed Redevelopment. The meeting will take place in Room 503 in Lincoln Center from 7:30 - 9:30 p.m. He said that Keith Sbiral would be there to make a presentation, as will the Wheaton President of Neighborhood Character Counts, Judy Bertich. Mr. Ken Lerner will chair the meeting.

Thirdly, Dr. Goodman said that at yesterday’s hearing by the Plan Commission a comprehensive document was provided about Acadia on the Green. He noted that Exhibit H spells out the way schools and park districts receive money in lieu of land, noting that $150,000 per acre was determined to be an appropriate amount at an earlier time when Dan Blondin was the Village Attorney. Dr. Goodman thinks that the property values should be reviewed as they may be out of date now, and perhaps only a third of what the current value may be. He recommended that the Village look at this figure in terms of today’s property values.

The Mayor said that in terms of the Architectural Review Board, the interviews are almost completed. He said he has had to recruit two licensed architects, an attorney and a member of the Historical Society to serve on that Board. He is attempting to make the November 16 deadline. He said he also has asked staff to look at the property values as noted.

Bill Wrobel, 7800 Queens Court, thanked Kevin Stahr and the Downers Grove Reporter for the front-page article regarding the newly appointed Village Manager. It fully apprises the public of this generous contract, and it is important that this type of information is reported in the press. This was reported exclusively in the Reporter.

Commissioner Tully said it is equally important to review published reports of what other communities in DuPage offer as compensation packages to their Managers. He said in comparison to some other communities the newly appointed Village Manager might not consider it a generous contract. Information for DuPage County and the greater metropolitan area is available on the Internet.

5. Public Hearings

Downers Grove Downtown Special Service Area – Special Service Area Number 2 The Public Hearing was called to order at 6:50 p.m. by Mayor Krajewski. The purpose is to consider the amendment and extension of Special Service Area #2 within the Village’s Downtown Business District. On September 22, 2005, the Village Council adopted Ordinance No. 4412 entitled, “AN ORDINANCE AMENDING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF DOWNERS GROVE TO PROVIDE FOR AMENDMENTS TO THE BOUNDARIES AND AN EXTENSION OF THE TERM OF THE SPECIAL SERVICE AREA AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH .” Notice of this hearing was published in the Downers Grove Reporter on Friday, September 30, 2005. On September 29, 2005 copy of the notice was mailed to the person or persons in whose name the general taxes for the last preceding year were paid on each property lying within the Special Area, or, in the event taxes for the last preceding year were not paid, this notice was mailed to the person last listed on the tax rolls prior to that year as the owner of the property. A copy of the notice, along with the proof of publication and affidavit of mailing have been presented and are made a part of the official record of this hearing. He reviewed the ordinance for Service Area #2 regarding the boundaries and scope of services. He then summarized the procedures to be followed in the Public Hearing.

Village Attorney Enza Petrarca stated that this Ordinance amends and extends the current SSA District. The amendments include boundary and scope of services changes. The boundaries exclude the 5329 Main Street property, and include 5205 Washington Street, as well as portions of public right-of-way for Forest Avenue, Highland Avenue and Rogers Street. These boundary changes are to provide more accurate descriptions of the areas receiving services.

Regarding the scope of services, Ms. Petrarca said that there are additional municipal services including extra street cleaning, snow plowing, policing and decorations provided to the District. The extension is proposed for an additional 15 years to run concurrently with the TIF District.

Commissioner Tully explained that the SSA is designated for a portion of the downtown area, and this extends the term of it. There are other SSA ’s in the Village which are smaller such as the brick street area and the Prince Pond Area. Some misconceptions are that there was an intention to exclude residential properties from the SSA . Station Crossing, the Forest Avenue development, and the Curtiss Block were all developed as part of the SSA . The SSA provides unique services to the downtown area that are not provided to other areas. There have been situations where new owners of property were not informed that they were part of the SSA , and did not know until they received their tax bills. He said that with respect to Acadia on the Green, this information will be disclosed to buyers as it is to those moving to the brick streets or Prince Pond area. Some of the extra services include more frequent street cleaning and snow and ice removal, seasonal decorations, more extensive police services including a “beat cop,” an active economic development effort to keep the downtown a special part of the community, as well as attraction and retention of existing businesses. The SSA is an important component of the downtown area and the overall success of the downtown community in the Village.

Public Comments

Jim Russ, Chairman of the Downtown Management Board (the “DMB”), thanked the Council for the opportunity to extend the SSA . He introduced Mr. Krause, and Mr. McJoynt of the DMB . He reviewed the activities of the DMB over the past ten years, saying they have asked for the 15-year extension to make it contiguous with the TIF District. Strong relationships have been formed over the years and many events have taken place with great response from the community. There are many issues that will come forward with the development of Arcadia on the Green, and the DMB looks forward to the new development and economic development projects coming to the downtown. They welcome the opportunity to continue working with the Village.

Jean Johnson, 965 Rogers, resident of Station Crossing, expressed some concerns, stating that when the property was sold to them it was not mentioned that they were part of the SSA . They were told the SSA was for commercial space only, and they are not part of the retail space owned by the Gammonly Group. They cannot find the benefits outlined by Commissioner Tully, and are not sure what benefits there are to Rogers Street. No decorations are placed on Rogers Street as part of the downtown area. She asked that the Council consider separating Station Crossing from the SSA area, noting that Morningside has been exempted. They are 100% residential and are not part of the Gammonly Group. It was not mentioned to them at the time of purchase that they are in an SSA or TIF District.

The Mayor asked who told them that the SSA was only for businesses and Ms. Johnson said that the Gammonly Group was separate because they were residential. In addition they were told by a representative of the group that the SSA was for retail space only. She said no one mentioned the SSA or TIF status of the area. In addition they were told they are completely separate from the retail space. She said they pay for snow plowing in her association. She asked that the Mayor and Commissioners look at this more carefully and give Station Crossing the same relief they gave to Morningside.

Commissioner Tully said he has met with some of the neighbors and Board representatives of Station Crossing. He said the biggest objections people have is that they were not aware of the SSA when they purchased their unit. He regrets that this wasn’t pointed out at the time of their purchase. Station Crossing was a Village project, and when it was built it was understood that it would be added to the SSA . It was never intended to solely benefit businesses. The idea was to bring in the residential area to mix with the retail area. Regarding Morningside, it was not a Village development, but is a private development on the fringe of an SSA boundary area. It is being excluded. Station Crossing, Acadia on the Green and Forest Avenue were all intended to be included in the SSA and TIF Districts. He stated that when he mentioned snow plowing he was referring to plowing of the sidewalks in the SSA District.

Allan Weinheimer, 965 Rogers, said there are 48 units in this complex within a one-block area which provides a lot of additional tax revenue. He said the letter he received referred to businesses and business promotion. He doesn’t understand why they have to be included since the Village is receiving additional revenue from the residential units to begin with.

Commissioner Tully said that the economics of the project are based on the fact that they are in an SSA . It is difficult to take it out because it changes the intent of the downtown area. Part of the plan is to continue providing a situation where the downtown survives and thrives.

Mr. Weinheimer said that in regard to snow removal, it doesn’t cost any more to plow around their block than it does anywhere else. Commissioner Tully said this is for sidewalk snow plowing. Mr. Weinheimer said everything in the SSA talks about the economic development of businesses within the SSA , and they are not businesses.

Marilyn Weiher, 4808 Wallbank, provided a history of the downtown when the TIF and SSA were instituted. When these were passed, the downtown did not look as it does today. The people in Station Crossing might not have purchased their property had the downtown still looked that way. The TIF provided funds for the infrastructure. Plowing, decorations, and banners are frosting on the cake. The TIF has brought back a downtown that was starting to die with some businesses having moved out. She also pointed out that the line item on the tax bill is not the true SSA tax. Her understanding is that the number reflects the tax increase for the whole district. She asked that the line item figure be cleared up for the residents.

The Mayor said the Lakota Group was involved in developing the Master Plan, and there were serious infrastructure issues. Improvements were done over a period of four years, and it was determined that the best way to fund the improvements was through the TIF and SSA Districts. He described the problems of flooding and rebuilding the roadways in the downtown area. Mayor Krajewski noted that the budget of the SSA downtown management was less than comparable communities. Station Crossing was an area targeted for redevelopment and a lot of planning and resident input went into this development. He said that the EAV is up 97% in seven years in the downtown area, and there will be a continued increase with the development of Acadia on the Green.

Bill Provenzano, 965 Rogers, said he purchased the unit at pre-construction and Gammonly did not disclose the information. He said it is disingenuous to say they are receiving special services, especially with White Hen being so close. They do not see special police services, and there are a lot of high school aged individuals spending time around the White Hen and Station Crossing. He believes that the Village receives a disproportionate amount of money from the Station Crossing residents, and also thinks that 15 years is much too long for the extension. It sounds to him as though the decision has been made, and Station Crossing residents will be complaining about the services.

The Mayor said that the $15 million spent for actual street improvements is for work done seven years ago.

Commissioner Schnell explained that in 1995 there was a complete rebuild of the infrastructure on Main Street, and all utilities put in entirely new services. In addition, the street was put in as concrete as opposed to asphalt, and the streetscape was completed. A TIF was put into place to fund this project, and the SSA was put into effect to service it. Morningside at the time of the original TIF and SSA was an old office commercial complex, and the Council at the time was told it would be redeveloped as commercial. The developer came in with a total residential development and the property was removed from the District. It does not receive extra services. If the residents are paying for their snow removal they should take it up with their condo association. If the police are not providing services, they should call the Police Department. She added that there’s a lot of work underground that isn’t seen by the public, and was done to rebuild the infrastructure. The Council did not have such large expensive projects prior to this. She stated that they do not experience water main breaks, and electricity outages, due to these infrastructure improvements. The residents need to voice their concerns. It is unfortunate that Gammonly did not make them aware of their inclusion in the SSA . They benefit from a lot that they do not see.

The Mayor said that the police spend an inordinate amount of time at the White Hen. They cannot go on the property just because people are gathering on the property without someone signing a complaint. Attorney Petrarca said that the agreement with the property owner is that he will be the complainant on all trespassing cases filed. The police must have a complaint to make an arrest.

Ken Gould, 408 Lake Avenue, asked how much money was funneled into the SSA during the last tax year. The Mayor said the Board’s budget for the SSA is $240,000, and the Board has a fixed budget at 1.5%. Overall the downtown TIF is looking to generate $1.2 million in tax revenue this year. Some of the areas being developed have very low tax bases, such as Georgian Courts which was Village-owned property with a zero tax base. Mr. Gould asked if this would be about $1 to $2 million every year into the SSA , and the Mayor said it would go into the TIF . Over time the Mayor said he anticipates the TIF generating millions of dollars.

Bill Morton of Station Crossing said he recently moved in and had no idea of the SSA . His taxes are now over $5,000 for a little over 1,000 square feet of living space. He said that an additional 1.5% on the assessed evaluation will come to about $1500-$2000 additional taxes with the SSA per year. That is very expensive real estate and they previously lived in Ohio, and Skokie, and the cost was substantially less with more real estate. He said that these taxes might be a deterrent to future developers to come into this area knowing the SSA is in the works.

The Mayor noted that property values in DuPage County are quite expensive, yet the tax rate is lower than other communities along the railroad tracks.

Deputy Manager Fieldman said that the amount proposed is included in his tax bill and is not an additional amount.

Commissioner Waldack asked whether the gentleman purchased his property from an existing owner. Mr. Morton said they bought it from a previous resident and were not informed of it being part of an SSA .

Nancy Babel, 965 Rogers, said that residents of Station Crossing have to put up with things that are not so wonderful. She said the Council did a lovely job of presenting the rosy side of living in the downtown area. Things such as street closures, parking difficulties, street festivals in their back yard, parking during special events such as the race, Heritage Festival, Fine Arts Festivals are not wonderful. It is not only a nice place to live, but also a burdensome place to live at times. They get notices announcing various events such as parades, saying that they hope the residents will enjoy the event. Ms. Babel said it is not always enjoyable to live in the downtown area, and she said they should consider this when they think about the additional tax burden.

Mayor Krajewski said he is not painting a rosy picture of the services. Heritage Festival has been here for 24 years, the Bicycle Race is in its 19th year, and the SSA has only been here for several years. These events were in place before residents moved into that building. For whatever reason buyers weren’t aware that they were coming into a downtown that had a TIF district in place, and perhaps were unfamiliar with the other activities. Often people come in and are not familiar with what has taken place and haven’t done any research on the area.

Ed Novak, 23 W. White Oak, Naperville, said that the TIF and SSA are separate issues. The SSA is a tax assessed on the owners who pay up to 1.5% of the assessed value of their property, which goes to make a better downtown Downers Grove. He said he was appointed 12 years ago to look into what SSA was all about. The downtown was stagnant. He went to Springfield to learn all he could. It was explained how to form an SSA and parcels and PINS were identified by ownership. The SSA money goes back to the SSA organization. When this was presented the first time, 80% of the owners did not want the SSA , so the Village could not do anything for two and a half years. So they started over and the last nine years have been very good. Mr. Novak said that they were told that only businesses would be taxed, not residences.

Bill Provenzano, 925 Rogers, asked if $240,000 a year goes into the SSA . The Mayor said that was correct and the balance goes into the TIF funds. Mr. Provenzano said that Station Crossing residents are paying $75,000 or 1/3 of the SSA . The Mayor said that was not correct. A portion of the $75,000 goes to the SSA board and the balance goes into the Village’s TIF fund.,

Deputy Village Manager Fieldman said that SSA and TIF funds are used to achieve Council goals. It is spent in the downtown with the same overall goals.

Mr. Provenzano asked whether the Council is satisfied with the 15-year extension versus the five years.

The Mayor said the Council has yet to determine that. A number of proposals have to be reviewed, and that is why they are holding the public hearing.

Mr. Novak said that the State stressed that it was a five-year period of time and the landlords paid up to 1.5%. He said they should leave it at one year and if it passes fine. Leave it up to the landlords and have it handled strictly by the landlords. He said that the landlords were not been informed of this meeting.

Attorney Petrarca said that the property owners received certified letters from the Village of the public hearing.

Tom Sisul, 3624 Saratoga, said that the Chamber of Commerce made up of 650 people from all over the area has discussed the SSA at their Board meeting. They were well aware of the job being done by Linda Kunze of the DMB . The Board considers that the benefits outweigh any detriments of the SSA and recommends continuation of the SSA for the term recommended.

Bob Fuller of Station Crossing asked where the petition is to be signed in opposition to this. Attorney Petrarca said that the Clerk’s office has the petitions.

Mr. Weinheimer said he appreciated Ms. Schnell’s comments. He then referred to the letter sent to him in the mail which does not reference improvements made to the streets, etc. He sees these improvements to all of the Village not just Station Crossing. He said that the letter refers to improvements to businesses and not residents, and therefore residents should be exempt.

Deputy Manager Fieldman interjected that the rest of the sentence reads more frequent street cleaning, removal of snow and ice, etc., and that is a direct benefit to the residents as well as the businesses. The Mayor asked what the SSA boundary is on the east side. Deputy Fieldman said it is Washington Street extended, and residents on Washington Street are in the SSA .

Mr. Russ of the Downtown Management Board clarified Mr. Novak’s statement, saying that the DMB sent out notices on September 20 to all business owners. Mr. Novak attended the meeting. He added that reminder notices were sent out as well.

The Mayor noted that the residents on Curtiss are in the SSA , and Attorney Petrarca said that was correct.

Mary Beth Provenzano, 965 Rogers, asked who votes on this 15-year extension issue. The Mayor responded the Council votes on this. This evening’s discussion is a Public Hearing and this matter comes to the Council on December 20 for a vote.

Commissioner Schnell asked Attorney Petrarca to explain the objection process.

Commissioner Tully said that there was a public notice about the objection process. He said that the conversation started long before this public hearing. He and Commissioner Schnell both met with people from Station Crossing months ago about this issue. In total there will be about six months worth of discussion on this issue.

The Mayor said that in the early 1990’s, the community didn’t want the SSA . He said he is going back to re-read all of the material going back historically regarding the origination of the SSA .

Deputy Fieldman said that State law allows for a petition in opposition from the residents.

Attorney Petrarca said the objection process requires that a petition be signed by at least 51% of the residents and owners. They have 60 days to file this.

Michael Prince, 4929 Forest, said that the SSA is a good idea. Station Crossing people want to be excluded. He said he is the developer of one of the projects proposed. He asked whether residents could be assessed at a lower rate, or if that is legal. The Mayor said perhaps they could create a different type of SSA , but he doesn’t think they can arbitrarily pick one over another. Mr. Prince said that Downers Grove taxes on the whole are lower than other areas.

Commissioner Tully said he appreciates the comments of the public. This is a public hearing and an opportunity to have discussion. He said he has had the opportunity to talk with many people. He noted that the infrastructure was a huge investment in the community and benefits everyone. If there is not a 51% objection it will be the Council’s responsibility to decide on this. They are trying to keep Downers Grove as a desirable place to live. He sympathizes with those who weren’t told about being in an SSA .

The Mayor noted that Elmhurst has a downtown SSA and asked staff the length of their term.

Commissioner Schnell said it is nice to have a public hearing and to have the public present. The public often doesn’t show up. A public hearing is an educational process wherein the public understands that they can participate in the process. She explained that all of the Council members have e-mail communication, and she and Commissioner Tully have met with residents in the past. She encouraged residents to contact staff or the Council with their concerns and comments.

In response to the Mayor’s earlier question, Attorney Petrarca said that the Elmhurst SSA is not restricted in terms of years, but is of an indefinite period of time. The Mayor asked that they check on Evanston and Oak Park as well. Attorney Petrarca said that there is a 60-day objection window from the date of this public hearing. If they were to have a two-tiered SSA , it would mean beginning the process all over again.

There being no further discussion, the Mayor adjourned the Public Hearing at 8:15 p.m.

6. Consent Agenda

COR00 -02111 Claim Ordinance: No. 5605, Payroll, September 30, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02112 List of Bills Payable: No. 5594, October 18, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES00 -02105 Resolution: Authorize an Agreement for Legal Services with Dolci & McMahon Sponsors: Village Attorney Summary of Item: This will authorize execution of an agreement with Dolci & McMahon for the prosecution of DUI violations for the Village in the courts of DuPage County, Illinois from November 1, 2005 through October 31, 2006.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES WITH DOLCI & MCMAHON

RESOLUTION 2005 -65 A motion was made to Pass this file on the Consent Agenda. Indexes: DUI Prosecutions

RES00 -02106 Resolution: Authorize an Agreement for Legal Services with Smith, Rickert & Smith Sponsors: Village Attorney Summary of Item: This will authorize execution of an agreement with Smith, Rickert & Smith for the prosecution of local ordinance violations for the Village in the Downers Grove Field Court from November 1, 2005 through May 31, 2006.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES WITH SMITH , RICKERT & SMITH

RESOLUTION 2005 -66 A motion was made to Pass this file on the Consent Agenda. Indexes: Legal Services

BID00 -02113 Bid: Award $35,297 to Auto Truck, Inc. of Bensenville for One 2006 Ford F450 Chassis Cab Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Vehicle Purchases

BID00 -02118 Bid: Award $38,475.00 to Air One Equipment, Inc. for a Mako Breathing Air Module Sponsors: Fire Department A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Equipment, Miscellaneous

BID00 -02114 Bid: Award $30,889.00 to Knickerbocker Roofing, Inc. for Roof Replacement Project at Fire Station #5 Sponsors: Manager’s Office A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Station #5

BID00 -02115 Bid: Award $52,300.00 to Roofs, Inc. for Roof Replacement Project at Village Hall Sponsors: Manager’s Office A motion was made to Approve this file on the Consent Agenda. Indexes: Village Hall – Roof Replacement

BID00 -02116 Bid: Award $63,010.00 to J.L. Adler Roofing for Roof Replacement Project at Police Station Sponsors: Manager’s Office A motion was made to Approve this file on the Consent Agenda. Indexes: Police Department

BID00 -02117 Bid: Accept the State of Illinois Joint Purchasing Contract Unit Price of $33.23 per Ton for Bulk Rock Salt with the Total Purchase Not to Exceed $159,504.00 Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Salt 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 Waldack and Mayor Krajewski

7. Active Agenda

ORD00 -02107 Ordinance: Authorize a Special Use for National City Bank to Permit Construction of a Drive-Through Banking Facility with Variations Sponsors: Plan Commission Summary of Item: At their meeting of September 12, 2005, the Plan Commission unanimously recommended that a Special Use be granted for the property located at 401 Ogden Avenue for a drive-through banking facility with variations.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR NATIONAL CITY BANK TO PERMIT CONSTRUCTION OF A DRIVE -THROUGH BANKING FACILITY WITH VARIATIONS

ORDINANCE NO . 4719 Commissioner Tully thanked the residents of Lake Avenue for expressing their concerns with respect to the traffic issues. He said that the traffic study showed that this would not materially alter traffic at Fairview and Ogden. Regarding the ingress and egress, he had discussions with residents on Lake Avenue concerning restricting the Fairview curb cut to ingress only. Upon discussion with Village staff, problems that could occur with that type of configuration were presented.

Deputy Manager Fieldman said that the issue becomes left turns from Ogden Avenue or Fairview. They are concerned about all of the traffic exiting onto Ogden Avenue and crossing over numerous lanes. If the proposal restricts Fairview’s curb cut to enter only, all traffic would have to exit via Ogden Avenue, and would have to cross additional lanes of traffic to head west-bound on Ogden. Gaps in traffic are longer on the Fairview side than on the Ogden Avenue side, and there is one less lane to traverse from the Fairview side. Staff feels restricting it to an entrance only on Fairview may not be the most optimal solution.

Commissioner Tully recommended giving direction to the Parking and Traffic Commission to re-examine this in three months, particularly as this affects traffic at the intersection of Fairview and Ogden Avenue.

Mayor Krajewski asked that Public Works meet with the residents in the area in regard to the placement of signage. He thanked National City Bank for bringing this proposal forward, and said that staff has done an outstanding job of following through with the Ogden Avenue Master Plan. He then discussed the goal of the Master Plan of a 36% reduction of curb cuts. He noted that the petition has compensated for the setback variance by providing additional greenspace to the site. In regard to the Master Plan, it discusses the heavy traffic and left turns onto Ogden Avenue, saying they need to incorporate ideas regarding traffic into the Master Plan. He thanked the petitioner for following the Master Plan and asked them to work closely with the neighbors regarding screening the site from the residential area.

Commissioner Sandack said he believes this is a terrific project and complimented the petitioner. He thinks they are on point with respect to the Master Plan. The project meets the criteria established for a special use, and poses no safety or health problems. They also meet requirements in regard to the variance requested.

Commissioner Waldack said he sees this as an excellent use as well, but has concerns regarding the traffic safety issue. He noted that traffic can be a mess along Ogden Avenue as people don’t drive the way they are supposed to drive. He would prefer to see right-in/right-out turns only onto Ogden Avenue and onto Fairview Avenue. He agreed that a traffic plan for Ogden Avenue is necessary. He suggested right in/right out signage until P&T reviews this matter.

Deputy Fieldman said if the curb cut were restricted to right-in/right-out, it would require the approval of the adjoining property owner to the west. As proposed, the petitioner should be applauded for entering into a cross access agreement with the property owner to the west. The property owner to the west wanted to make sure it was a full curb cut.

Commissioner Schnell said she would like time for them to come up with a solution to the situation as she is concerned with safety. She noted that Fairview Avenue going north is stacked with cars no matter what time of day you are traveling Fairview. This is a safety issue and she does not want to put people at risk. It is extremely difficult to get across Ogden Avenue to go west. She would like to have more time to think about this, and cannot justify full exchange intersections at this location. Because of this she cannot vote for the project, though she thinks the project is a good one. She would prefer to see a right-turn only on Ogden. She does not know how to rectify the safety issue along Fairview.

The Mayor asked if Culver’s is a right-in/right-out, and Mr. Fieldman said he would check on it.

Commissioner Schnell said she would like time to come up with a better solution.

Commissioner McConnell said she thinks there are some legitimate concerns. She asked that they look at the photos submitted from the Lake Avenue people. She does not think there is a better solution than what is being proposed, but suggested that they move forward with the caveat that this be revisited in three months. She agrees to putting a traffic recommendation for Ogden Avenue, certainly for the major intersections, into the Master Plan.

The Mayor noted that the Lakota Plan identified businesses, and certain businesses generate a certain amount of trips. He suggested that they my want to combine that study and the trip generation,.

Commissioner Urban said he lives within half a mile of the location. He looked at the BP Amoco, and more closely at the Shell Station which has more curb cuts than BP Amoco. There were no restrictions for the Shell Station, and no restrictions were made for the CVS Pharmacy, which certainly generates more traffic than the bank. He said to the east are several quite ugly curb cuts for the auto body repair and radiator shop which are not restricted. He thinks this is the best use of the property and the best solution at this point in time. He agreed to look at Ogden Avenue as a whole. The traffic study did not address this as they did not see a need. He will vote in favor of this.

Commissioner Tully said everyone is concerned about traffic and safety. He looked at the BP intersection at Main and Ogden, the BP curb cuts are a lot closer to the intersection than at this location. He also looked at the other three corners of Fairview, and asked why this should be treated differently. They need a comprehensive review of the corridor on an on-going basis. With regard to delaying this issue for a week, he asked Council members and the petitioner if there was any interest in that, but the consensus was that there was no justification for delay since nothing could be done in a week’s time to resolve the concerns.

Commissioner Waldack said that the petitioner indicated that traffic problems would be the Village’s problem and not theirs. He would like to see right turn signage put in place during rush hours. He feels it may fall into a black hole if it is directed to a revisit in several months, and then asked about the accident rate on the intersections, and not just the amount of traffic on Fairview or Ogden, but along the roadway in general. Mr. Fieldman said they can get those statistics from the police.

The Mayor recommended giving direction to staff to forward this to Parking and Traffic. 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 Tully and Mayor Krajewski Nay: Commissioner Schnell and Commissioner Waldack Indexes: Special Use – 401 Ogden Avenue

ORD00 -02108 Ordinance: Grant Stormwater Variance for 5427 Brookbank Road Sponsors: Stormwater & Flood Plain Commission Summary of Item: At their meeting of September 22, 2005, the Stormwater and Flood Plain Oversight Committee recommended that a stormwater variance be granted for the property located at 5427 Brookbank Road.

AN ORDINANCE GRANTING STORMWATER VARIANCE FOR 5427 BROOKBANK ROAD

ORDINANCE NO . 4720 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 Waldack and Mayor Krajewski Indexes: Stormwater Variance

8. Mayor’s Report

Materials to be Received – Minutes

Environmental Concerns Commission – June 16, 2005 & September 9, 2005 Parking & Traffic Commission – September 14, 2005 Plan Commission – September 12, 2005 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 Waldack and Mayor Krajewski

New Business

RES00 -02049 Resolution: Appointment to Boards and Commissions Sponsors: Mayor Summary of Item: This will confirm the following appointments:

Tourism and Events Commission

Appoint Becky Rheintgen for a term expiring 8/31/06 Appoint Geri Lombard as hotel representative for a term expiring 8/31/07 Appoint Richard Szydlo for a term expiring 8/31/08

Board of Fire and Police Commissioners

Appoint Tom Sisul for a term expiring 4/30/08

A RESOLUTION APPOINTING MEMBERS TO BOARDS AND COMMISSIONS The Village Clerk read the Resolution.

Commissioner Tully moved to adopt the Resolution making appointments to Boards and Commissions. The Motion failed for lack of a second. A motion was made to Adopt this file. Mayor Krajewski declared the motion failed. Indexes: Boards and Commissions Materials to be Placed on File

9. Manager’s Report

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Public Services

Commissioner Schnell said Public Services met this evening. She provided an update on the Gilbert Avenue sidewalk project, and said they are ready for installation on the south side this week. Most importantly, the Forest Preserve and the Park District have come to a tentative agreement that there will be no additional costs to the Village for the right-of-way. The Village is being asked to pave the parking lot which will be at a cost of less than $10,000. She thanked the Mayor and the staff for their work on this. The project is on time and should be finished this season.

Commissioner Schnell said they discussed parkway trees and received a tree service update. She asked that it be shared with the rest of the Council. Since 1970 the Village has gone from 9,382 trees to 23,719 trees, and the majority are less than 24” in diameter, which is a fairly young stock. The goal is to plant 300 trees annually. The Committee discussed tree pruning, saying they are not on track to insure that the stock is as healthy as possible, and they will need to increase the budget by $105,000 to get back on track with the pruning. She asked staff to place this report in the Council’s packets.

Commissioner Schnell said they then discussed the rehabilitation of the brick streets. Staff has met with the residents. Linscott is to be excluded from the rehabilitation. She noted that letters were sent out to the residents for a public meeting, and 22 residents attended the meeting. Afterwards, 59 property owners returned a survey to the Village, 84% of whom wanted rehabilitation to the brick streets. Staff recommends designing a project in 2006, to be completed in 2007 at a cost of $1,425,000, with $380,000 being the resident’s portion paid through an SSA .

Public Safety

Commissioner McConnell said Public Safety will meet on Tuesday, October 25 at 5:30 p.m.

Finance Committee

Commissioner Tully said that the Finance Committee met this evening and discussed the Comprehensive Annual Financial Report and audit report. Changes were discussed in the audit report for this year, since there is a new auditor this year. The Commissioner said the management letter was reviewed and progress is being made to eliminate certain items. In addition, they discussed three different scenarios regarding the tax levy. They also asked that the Management Letter from the audit referring to the Transportation Fund is shared with the Transportation Advisory Commission.

Commissioner Waldack asked if the audit report could be sent electronically and Commissioner Tully said it could.

12.Council Member Reports and New Business

Commissioner Waldack said that the 20th anniversary of the Crop Walk was held on Sunday. He does not have the final figures of the amount of money raised, but he has lost 22 pounds since July 12, and Michelle Steiner lost 25 pounds. He said she will continue on the weight loss program to benefit another charity. He noted that Good Samaritan contributed passes to the Wellness Center.

Commissioner Schnell said that the Character Counts Pancake Breakfast will be held on October 29 from 8:00 a.m. to 11:00 a.m. at Ballydoyle’s. The cost is $4 for adults and $3 for children over 2 years of age. This will be held the same day as the window painting. A portion of the proceeds will go for scholarships.

Commissioner Tully congratulated the YMCA on its battle of the Police Department and Fire Department softball game which benefited their scholarship program. He said $1,295.25 was raised, Skuddlebutt’s provided the food, and the Police Department won the game.

The Mayor agreed that it was a good event. Mayor Krajewski noted that with regards to the Resolution of Appointments to the Boards and Commissions that the appointments are subject to the Mayor’s approval. He will officially remove the members for the Police and Fire Board and will try to bring in a full slate next week.

13. Adjournment

Commissioner Tully moved to adjourn. Commissioner Urban seconded.

The meeting was adjourned by acclimation at 9:10 p.m