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May 16, 2006

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 Manager Cara Pavlicek, 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 – May 2, 2006 Workshop Meeting – May 9, 2006 Commissioner Tully provided the Clerk with a correction to the May 2, 2006 Council meeting. Learn Not to Burn Poster Contest Marsha Giesler, Downers Grove Fire Department, announced that this was the 22nd year of the annual Learn Not to Burn Contest, but there were no posters this year. She described the usual program for the 3rd and 4th graders in which students submitted actual posters; however, when the Fire Department had their website up and running, they decided to have the winning poster serve as their home page for the coming year. This year children were asked to submit their entries on a disk electronically, and she showed the Council what the home page looked like with last year’s winner. Ms. Giesler said they were very pleased with the submissions, and then announced the winners.

Honorable Mention Hillcrest School, Mrs. Gabel’s class 3rd Place – Downers Grove Christian School, Mrs. Beckefeld’s class 2nd Place – Kingsley School – Mr. Bowers’ class 1st Place – Whittier School – Mrs. Gergits’ class

Mayor Krajewski then asked questions of the 4th graders regarding the rules for Fire Safety, and how they designed their posters. COP Volunteer Recognition Andy Matejcak thanked the volunteers at the Autumn Grove Resource Center where activities are conducted to assist the residents of the area. He recognized Community Property Management Corporation, SEASPAR , the staff of the Neighborhood Resource Center, Police Department officers, and volunteer mentors. He thanked the volunteers as well as the Council for their contribution and support of the program. The Mayor then presented the volunteers with a gift of appreciation.

Commissioner McConnell noted that Character Counts Coalition made a small donation for posters in the Center and she showed the thank you note they received.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

1. Dr. Gordon Goodman, 5834 Middaugh, commented on the changes taking place as a result of the Plan Commission recommendations. He said he is pleased that the Plan Commission identity numbers are being shown on the Agenda, and noted that the identity number for Agenda item ORD 00 -02299 should be PC-26-05. He noted that recommendation was the result of community dialogues held previously. The interest in this development was stimulated by the issuance of a demolition permit for the Lyman House, and fortunately the house was preserved. Dr. Goodman said that the work of the Plan Commission and staff over the past two years is very important and should not be thrown out at the last minute. He is particularly concerned about the changes to the R-4 zoning side yard setbacks, and arranged a power point slide presentation of his neighborhood. He said one organization involved in the rebuilding calls itself teardown.com. Dr. Goodman said it is the work of the Village to make Downers Grove more secure from violent transformation. He then showed slides depicting 75’ lots with their side yard setbacks, which are 5’ to 7.5’ (due to its increased height). He encouraged the Council to make 10% of frontage a minimum for a side yard setback, or 5’, whichever is greater.

2. Ken Lerner, 4933 Whiffin, said he represented the Coalition for Managed Redevelopment and thought it was wonderful to be in this portion of the process, posed for action. There has been good discussion and feedback from many groups. There are a few points of dispute, one of which is the side yard setback for R-4 zoning. Mr. Lerner recommended a form consistent with other districts, which would be a minimum of 5’ or 10% of the frontage. He also pointed out that there is a provision to provide a release for architectural features in the height requirement. He thinks it would be prudent to place some type of limit on this, although he does not know of any abuses that have occurred. They just believe it would be a prudent measure to place some limits on that release.

B. Comments and Questions on General Matters

Mark Thoman, 1109 61st Street, commented that the Village is beginning sidewalk installations. He received a letter on May 5 from Daniel Grecco informing him that the sidewalk construction would start. He noted that he had a 40-year old maple tree, mature and healthy. On Monday there was a white “X” on the tree, and he contacted Mr. Grecco and the Village Forester. When he got home from work today the tree was gone. It was 14.5’ away from the street. He is for the sidewalk, but protested that the Village thought it necessary to remove a healthy tree which was 14.5’ away from the street. In addition, the setback spray painted this afternoon appears to place the sidewalk 12’ from the street and 16’ away from his front porch. He invited the Council to come and see where the tree used to be, and to see where the sidewalk will go through his front yard. He regrets he didn’t pay closer attention to the meetings, as he erroneously made the assumption that common sense would be used in regards to the location of the sidewalk.

The Mayor asked if there was that much parkway on the street, and was told by Mr. Thoman that there is approximately 16’ of easement on 61st Street. In other areas of the Village there are smaller setbacks. If 61st Street had used an 8’ setback, the tree would still be there. He also noted that his magnolia tree was also severely pruned back for the sidewalk, and he’s assuming it will survive that pruning.

The Mayor said that the usual process is to meet with the neighbors, and Mr. Thoman said no one met with him. He was unable to attend the informational meeting a few months ago. Manager Pavlicek asked if he had received a response from staff, and he said that both he and his wife called Mr. Grecco and requested a response. Manager Pavlicek said that she would see that a response was made to him and Council.

5. Public Hearings

6. Consent Agenda

COR00 -02333 Claim Ordinance: No. 5635, Payroll, April 28, 2006 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02334 List of Bills Payable: No. 5624, May 16, 2006 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES00 -02340 Resolution: Authorize an Extension to the Contract with Green Grass, Inc. Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO THE CONTRACT BETWEEN THE VILLAGE OF DOWNERS GROVE AND GREEN GRASS , INC.

RESOLUTION 2006 -49 A motion was made to Pass this file on the Consent Agenda. Indexes: Turf Maintenance

BID00 -02342 Bid: Award $22,578 to Joe Madden Ford, Downers Grove, for Purchase of a 2006 Ford Explorer Sponsors: Public Works Indexes: Vehicle Purchases

RES00 -02345 Resolution: Authorize Acceptance of Public Improvements – Boundary Hill Subdivision Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING ACCEPTANCE OF PUBLIC IMPROVEMENTS - BOUNDARY HILL SUBDIVISION

RESOLUTION 2006 -50 A motion was made to Pass this file on the Consent Agenda. Indexes: Subdivision – Boundary Hill

MOT00 -02331 Motion: Note Receipt of Minutes of Village Boards and Commissions Summary of Item: Events Subcommittee – April 13, 2006 Human Services Commission – April 5, 2006 Library Board – April 12, 2006 Liquor Commission – April 6, 2006 Tourism and Events Commission – March 16, 2006 A motion was made to Award this file on the Consent Agenda. Indexes: Boards and Commissions Minutes 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 -02344 Ordinance: Authorize the Sale by Public Auction of Personal Property Owned by the Village of Downers Grove Sponsors: Public Works Summary of Item: This will authorize the sale of various vehicles owned by the Village of Downers Grove at a public auction conducted on June 10, 2006 by the DuPage Mayors and Managers Conference.

AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF DONWERS GROVE

ORDINANCE NO . 4770 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 Waldack and Mayor Krajewski Indexes: DuPage Mayors & Managers

ORD00 -02347 Ordinance: Amend Permit Parking Sponsors: Public Works Summary of Item: This will make certain amendments to permit parking in the downtown area.

AN ORDINANCE AMENDING PERMIT PARKING

ORDINANCE NO . 4771 Commissioner Schnell asked whether Commissioner Urban can vote on this and the Village Attorney said he could. 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: Central Business District, Central Business District – Parking Deck, Parking Lots

RES00 -02263 Resolution: Authorize Execution of a Pre-Annexation Agreement and a Final Plat of Subdivision for 5841 Janes Avenue (Lisa Marie Subdivision) Sponsors: Community Development Summary of Item: This will authorize execution of a pre-annexation agreement and execution of a final plat of subdivision for the Lisa Marie Subdivision located at 5841 Janes Avenue.

A RESOLUTION AUTHORIZING EXECUTION OF A PRE -ANNEXATION AGREEMENT AND EXECUTION OF A FINAL PLAT OF SUBDIVISION FOR 5841 JANES AVENUE (A/K/A LISA MARIE SUBDIVISION ) DOWNERS GROVE , ILLINOIS

RESOLUTION 2006 -51 Commissioner Tully thanked the staff for making this development better than when it first began. A motion was made, seconded by Commissioner Schnell, 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: DuPage County, Subdivision – Lisa Marie

ORD00 -02299 Ordinance: Amend Various Provisions of the Downers Grove Zoning Ordinance re: Residential Zoning Regulations Sponsors: Community Development Summary of Item: This will make certain amendments to residential regulations in the Downers Grove Zoning Ordinance.

AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE DOWNERS GROVE ZONING ORDINANCE

ORDINANCE NO . 4772 Deputy Village Manager Dave Fieldman reviewed some questions raised at the last Workshop. He presented a table of proposed side yard setback requirements, which showed variations in setback based upon the width of the lot and the zoning district. Upon feedback from questions raised, staff recommended an alternate proposal for the R-4 district with a 5’ setback for a 50’ lot and 6’ setback for 60’ and 75’ lots.

In regard to height restrictions, Mr. Fieldman said there are exceptions to allow for architectural elements, noting that it is not a substantive change and the language has been clarified. Regarding encroachment information, the ordinance proposes 18” side yard for windows, window wells, etc., while the existing ordinance allows for 24” setback.

Mayor Krajewski commented on encroachment saying the 18” would be fine, but if they went to 6’ or 7’ it could be 24”. His concern is about 50’ lots in R-1 and R-2 zoning. Mr. Fieldman said that there are some long-standing lots in those districts. The Mayor responded that they would be unbuildable with setback changes. As for 75’ lots in R-4, he expressed concern about the 6’ for 75’ lots while other districts would require 7.5’

Commissioner Schnell expressed concern about 50’ lots in R-4 districts. She would be comfortable with R-4 75’ lots at 7.5’. In the case of an R-1 with new annexation, she said they could build but they might need to have it rezoned. Some time ago there was discussion that upon annexation, properties could automatically be redesignated to the appropriate zoning as it comes into the Village. She then said that they may need to look at these changes in the next six months. Commissioner Schnell said she is comfortable with the 10% in the R-4 district. However, what’s not allowed is a third story living space, although architectural design is being addressed. She indicated that this ordinance streamlines height requirements, and she would make a Motion for 10% of the lot width.

The Mayor asked if she was agreeable to the 18” encroachment, and she said she was.

Commissioner McConnell asked how many 50’ lots in R-1 zoning are annexed but not rezoned. Mr. Fieldman said that was not researched.

Commissioner McConnell then asked if two lots were combined, could they be created into one lot. Mr. Fieldman said they would create a new lot of record.

Commissioner McConnell then said that she agreed with making R-4 zoning 10% all the way across, and she is concerned about the R-1 and R-2, and would be willing to try this for six months and look at the issues that may come up. She also said she would be willing to consider a 24” encroachment if others are interested in doing so, as long as the 10% setback is retained. She could live with the 18” encroachment, however.

Commissioner Tully said that the 6’ side yard setback was a compromise, and he is in favor of 6’ for the R-4 zoning district. The proposal was made by the Plan Commission for a side yard setback of 6’ or 10% of the lot width, whichever is greater. He is in favor of the 6’ and being flexible with the encroachments. He asked if Commissioner McConnell said she would agree with a 24” encroachment even with a 5’ setback, and she said that was correct. She thinks it is too confusing to have different encroachment allowances.

Mr. Fieldman said that the existing Code is a 5’ setback and a 24” encroachment.

Commissioner Tully said he would favor the 6’ setbacks or 10% of the lot width, whichever is greater in the R-4 zoning and the 24” encroachment. He is pleased that everyone at least agrees with keeping the 5’ setback for only the 50’ wide lots. He indicated that they may want to look at height restrictions and would be open to some type of exception, but thinks it would be something they could look at later.

Commissioner Urban said that he is also on board with the 24” encroachment, and R-4 lots to be 5’ with a 10% escalation.

Commissioner Sandack said this has been an interesting process, and will be open for further debate. The lot coverage requirement is a positive step. There have been discussions on side yard setbacks, with a lack of attention paid to the 50’ R-4 zoning district lots. He assumed in the discussions it would be 10% of the lot width. The Commissioner noted that some people are concerned about curtailing architectural design, and there is still language in the Code regarding this. He supports going forward on the proposal, and said he thinks they need to take a look at the height restrictions if they want to give an incentive to design components for architectural design. As to setbacks for accessory structures, Commissioner Sandack said that he felt this is consistent with the ordinance. He is grateful to staff and the citizens for their participation in this process. Many people are concerned about enforcement and tightening up the demolition and building process. As to encroachment issues, he agreed with Commissioner McConnell about reviewing this in the next six months.

Commissioner Waldack said that the importance to him was the process. He supported the 6’ setback even on 50’ lots. In order to get this through, he would agree with keeping 5’ side yard setback or 10% of lot width, whichever is greater. He would have preferred 18” on the encroachment for 5’ lots, and 24” on the larger lots. He would like to see the height as originally proposed with the addition of the eaves. He likes the new ordinance language regarding ornamentation with a height limitation of 10%. He would also prefer less than 32% for the footprint, but understands the desire to change this and he can live with the 32%.

Commissioner Schnell said she received clarification from staff, saying she thought the reason they talked about the 18” encroachment was because it is difficult to get stormwater on the smaller lots.

The Mayor noted that no matter what the size, they must comply with the County Stormwater ordinance and the Village must enforce it.

Mr. Fieldman said that two houses with only 10’ between them provides a very small area in which to construct a swale.

Mayor Krajewski summarized the Council’s comments saying the Council seems to be in agreement with most of what is in the ordinance, with the exception of R-4 district. The preference would be 5’ or 10% of the lot width for the R-4 district. He said he thought everyone would like to revisit the ordinance within six months. As for the encroachment, he thought there was a majority that was looking at the 24” encroachment.

Commissioner Schnell asked that staff make Council aware of what does not work.

Commissioner Tully thanked the staff and the citizens for their input. This is a good process and reflects the community’s desires. He said he hoped that the Council revisits the side yard setbacks. He noted that 50’ lots need adjustments more than any others. More space has many evident benefits, and he hopes the Village is not losing an opportunity regarding setbacks and encroachments.

Commissioner Schnell moved to adopt an Ordinance amending the various provisions of Downers Grove Zoning Ordinance, as presented, with the modification that in the R-4 zoning district, the minimum side yard setback be 5’ or 10% of the lot width, whichever is greater, and that where side yard setbacks are less than 6’, the encroachment be 18”, and for side yard setbacks greater than 6’ the encroachment be 24”, and that the ordinance will be put into effect in ninety (90) days.

Village Attorney Petrarca asked that a date specifying when the ordinance will go into effect be included in the Motion. Manager Pavlicek said staff recommended 90 days for those residents who may now be in the permitting process.

Commissioner Waldack seconded the Motion. A motion was made by Commissioner Schnell, seconded by Commissioner Waldack, 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: Zoning Ordinance

ORD00 -02348 Ordinance: Authorize a Special Use for a Professional Office Building Located at 1105 Curtiss Sponsors: Community Development Summary of Item: At their meeting of March 15, 2006, the Plan Commission recommended authorization of a special use for the expansion of a professional office building located at 1105 Curtiss Street.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A PROFESSIONAL OFFICE BUILDING LOCATED AT 1105 CURTISS

ORDINANCE NO . 4773 Commissioner Urban noted that this property has residential property on the second floor and asked whether it would affect ADA requirements. Village Attorney Petrarca said it would not. A motion was made by Commissioner Waldack, seconded by Commissioner Sandack, 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: Special Use – 1105 Curtiss

ORD00 -02349 Ordinance: Approve a Lot Split with Exceptions for the Property at 5319 Blodgett Sponsors: Community Development Summary of Item: At their meeting of March 6, 2006, the Plan Commission recommended approving a lot split with exceptions for the property located at 5319 Blodgett.

AN ORDINANCE APPROVING A LOT SPLIT WITH EXCEPTIONS FOR THE PROPERTY COMMONLY KNOWN AS 5319 BLODGETT

ORDINANCE NO . 4774 Commissioner Tully said that this petition meets the criteria for an exception in his opinion. A motion was made by Commissioner Sandack, 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 Waldack and Mayor Krajewski Indexes: Lot Split

ORD00 -02350 Ordinance: Annex 1700 63rd Street to the Village of Downers Grove, Illinois Sponsors: Community Development Summary of Item: This will annex the property located at 1700 63rd Street to the Village of Downers Grove.

AN ORDINANCE ANNEXING 1700 63RD STREET TO THE VILLAGE OF DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4775 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 and Mayor Krajewski Nay: Commissioner Waldack Indexes: Annexation, Annexation-1700 63rd Street, Subdivision – S and S

ORD00 -02351 Ordinance: Rezone 1700 63rd Street from R-1, Single Family Residence District to R-3, Single Family Residence District Sponsors: Community Development Summary of Item: This will rezone the property commonly known as 1700 63rd Street from Village R-1, Single Family Residential, to Village R-3, Single Family Residential.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, CODIFIED AS CHAPTER 28 OF THE DOWNERS GROVE MUNICIPAL CODE , AS AMENDED TO REZONE PROPERTY LOCATED AT 1700 63RD STREET

ORDINANCE NO . 4776 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: Rezone 1700 63rd Street – R-1 to R-3, Subdivision – S and S

RES00 -02352 Resolution: Approve Preliminary Plat of Subdivision for S and S Subdivision Sponsors: Community Development Summary of Item: At their meeting of March 6, 2006, the Plan Commission recommended approval of the Preliminary Plat of Subdivision for the S and S Subdivision.

A RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUBDIVISION FOR S and S SUBDIVISION Commissioner Sandack moved to adopt a resolution approving the preliminary plat of subdivision for S and S Subdivision, as presented. The Motion died for lack of a second. Deny Indexes: Subdivision – S and S

ORD00 -02353 Ordinance: Authorize a Special Use for 1513 Ogden Avenue to Permit an Automobile Dealership Sponsors: Community Development Summary of Item: At their meeting of March 6, 2006, the Plan Commission recommended that a Special Use be granted for the property located at 1513 Ogden Avenue to expand an existing automobile dealership.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 1513 OGDEN AVENUE TO PERMIT AN AUTOMOBILE DEALERSHIP

ORDINANCE NO . 4777 A motion was made, seconded by Commissioner Schnell, 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: Special Use – 1513 Ogden Avenue

ORD00 -02354 Ordinance: Rezone Property at 1441 Parrish Court from R-1, Single Family Residence District, to R-3, Single Family Residence District Sponsors: Community Development Summary of Item: This will rezone the property commonly known as 1441 Parrish Court from Village R-1, Single Family Residential, to Village R-3, Single Family Residential.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, CODIFIED AS CHAPTER 28 OF THE DOWNERS GROVE MUNICIPAL CODE , AS AMENDED TO REZONE PROPERTY LOCATED AT 1441 PARRISH COURT

ORDINANCE NO . 4778 A motion was made by Commissioner Schnell, seconded by Commissioner Waldack, to Authorize 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: Rezone 1441 Parrish Court – R-1 to R-3

ORD00 -02355 Ordinance: Approve a Lot Split with Exceptions for the Property at 1441 Parrish Court Sponsors: Community Development Summary of Item: At their meeting of March 6, 2006, the Plan Commission recommended approval of a lot split for the property located at 1441 Parrish Court.

AN ORDINANCE APPROVING A LOT SPLIT WITH EXCEPTIONS FOR THE PROPERTY COMMONLY KNOWN AS 1441 PARRISH COURT

ORDINANCE NO . 4779 Commissioner Tully noted that they are not seeking any exceptions. A motion was made by Commissioner Waldack, seconded by Commissioner Sandack, 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: Lot Split

ORD00 -02338 Ordinance: Appoint Student Members to Selected Commissions Sponsors: Counseling and Social Services Summary of Item: This will establish provisions for the appointment of student members to the following boards and commissions: Human Services Commission, Environmental Concerns Commission, Events Subcommittee of the Tourism & Events Commission and the Community Grants Commission.

AN ORDINANCE ESTABLISHING PROVISIONS FOR STUDENT MEMBER APPOINTMENT TO CERTAIN BOARDS AND COMMISSIONS

ORDINANCE NO . 4780 Commissioner McConnell said that the Village Attorney provided an amendment to allow for seven or eight voting members at the Council’s discretion.

Commissioner Tully said that this would allow specified Boards and Commissions to have a youth member appointed to serve on those Commissions, including the Tourism and Events Commission, and the Community Grants Commission, the Human Services Commission, and the Environmental Concerns Commission. For clarification he reviewed the reasons for considering this ordinance, stating that adding a youth member could either replace an existing member when an opening becomes available, or would increase the size to eight members. He understands that the youth members will have full voting rights.

The Mayor said it is good to get high school students involved; however, he does not support having eight members because it could result in a tie vote.

Commissioner Waldack said that the individual Boards may want to review whether there would be seven or eight members. He noted that with this ordinance, students will have a real opportunity to participate in community government, and in terms of technology, they may be ahead of some of the adults.

Commissioner Schnell said that this puts pressure on Andy Matejcak and the Boards to promote this in the schools so students can become involved as quickly as possible. The schools will be out in June.

Commissioner McConnell said she believed that the Human Services Commission has already had some discussion with the schools.

Andy Matejcak, Director, Counseling and Social Services, said that they have already had dialogue with the schools. A motion was made by Commissioner Sandack, 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 Waldack and Mayor Krajewski Indexes: Boards and Commissions

8. Mayor’s Report

New Business

RES00 -02337 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This confirms the following appointments to Boards and Commissions:

COMMUNITY GRANTS COMMISSION Reappoint David Humphreys and Kathleen Nybo to three-year terms expiring April 30, 2009

ENVIRONMENTAL CONCERNS COMMISSION

Reappoint Brian Freeman to a term expiring April 30, 2008 
Reappoint Robert Pawlak to a term expiring April 30, 2009
Appoint John Wander to a three-year term expiring April 30, 2009

LIBRARY BOARD OF TRUSTEES

Reappoint Patricia Vlcek to a six-year term expiring April 30, 2012

STORMWATER AND FLOOD PLAIN OVERSIGHT COMMITTEE

Reappoint Donald Eckmann, as chair, and Bruce Beckman and David Gorman to three-year terms expiring April 30, 2009

A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO VILLAGE BOARDS AND COMMISSIONS

RESOLUTION 2006 -52 Commissioner Waldack said that many terms expire on April 30 and he thanked those members for their time and efforts on behalf of the Village. He thanked members Jeff Lifka and Laura Feste of the Environmental Concerns Commission for their help in setting the groundwork for that Commission. He extended appreciation to Brian Freeman and Robert Pawlak who agreed to serve a second term on the ECC . Their work is valuable to the community. Their newest member is John Wander, a former fireman and is now an educator and coach at Downers Grove North. He indicated that the ECC is a unique Committee in that it has an educational aspect to it.

The Mayor thanked Commissioners Schnell and Tully for their work in interviewing the applicants for the various Boards and Commissions.

Commissioner Schnell said that Stormwater members bring a wealth of knowledge to the Committee and she thanked all the members for their service.

Commissioner Tully noted that the Community Grants Commission and Library Board of Trustees volunteers are staples to the community and have served this Village well.

The Mayor extended his thanks to all the volunteers for their work and service to the Village. He urged the Council members to complete their interviews to assure that any vacancies can be filled quickly. Indexes: Boards and Commissions Proclamations

Mayor Krajewski proclaimed Saturday, June 3, 2006 as River Sweep Day 2006.

The Mayor proclaimed May 14-20, 2006 as Police Week in the Village of Downers Grove.

Mayor Krajewski proclaimed May 21-27, 2006 as Public Works Week, mentioning that there will be an Open House at the Public Works Facility on Friday from 2:00-7:00 p.m.

He congratulated the Downers Grove North Girls’ Badminton Team for the AA State Championship. Regarding the Motion for the S&S Subdivision:

Mayor Krajewski then referred to the Motion made earlier that died for lack of a second in relation to the S&S Subdivision. He said that the petitioner may question why this was not voted upon. He noted that an issue can be seconded, and one does not have to vote in favor of it. He felt that the petitioner should know why the Council did not vote for the resolution.

Manager Pavlicek said she would like direction from the Council regarding the S&S Subdivision resolution so staff could inform the petitioner as to the concerns the Council has with regard to that petition. It will be three weeks before the next Council meeting.

Commissioner Sandack resurrected his Motion with regard to the S&S Subdivision. Commissioner Tully seconded the Motion.

Commissioner McConnell said she was not present last week, and her question concerns the exception on lot depth. In the neighboring areas there are a few lots of less than 140’ in depth. She only has had a short amount of time to review the petition and said she does not know if she is prepared to act on this tonight.

Deputy Village Manager Dave Fieldman referred to a handout in the Council’s packet that shows the lots that are less than 140’. He showed the recently approved Brian Court subdivision that is immediately north of the proposed three-lot subdivision. There are a handful of lots in the Brian Court Subdivision with exceptions, and they all met the square footage requirement. One of the issues is that some of the lots that appear to be the same were not calculated properly for irregularly shaped lots.

Commissioner McConnell commented that last week’s discussion appeared to discuss hardship, and it did not appear that the criteria for hardship was met.

Manager Pavlicek asked the Council if they would like to Workshop this item again. The Mayor said a number of other areas were approved with lot depth issues and no hardship evidence was even presented. He wants the petitioner to have the opportunity to discuss what the issues may be.

Commissioner Schnell asked whether the two lots north of the proposed lot are conforming. Mr. Fieldman said they are conforming and are 100’ wide.

Commissioner Sandack said they could address this item this evening or next week, noting that he intends to support this.

Commissioner Tully said there are three requests, annexation, rezoning, and two lot exceptions. The exceptions are for a right-of-way, and lot depth. He has no problem with the right-of-way exception, but the focus seems to be with the lot depth. The lots have curb cuts on 63rd Street. The petitioner wants to have three lots with one on 63rd Street and two on Springside Avenue. He said that his issue is that the lots would be less than the 140’ and would represent a 13% reduction to the minimum lot depth requirement. Other lot depth exceptions done in the past were primarily for cul de sacs. Most of the previous exceptions are in connection with a subdivision that includes a cul-de-sac. His concern is that this doesn’t meet the criteria under the Subdivision Control Ordinance. He does not see a hardship or a compatible trend of development for the area. He is concerned about setting an undesirable precedent.

The Mayor asked if the S&S Subdivision is the same as S&S Construction. Mr. Fieldman said it was not.

Commissioner Schnell said she agreed with Commissioner Tully regarding creating an exception that is not appropriate. She does not want to see this trend continue in the community. She said that this does not meet the criteria set forth in exceptions.

Commissioner Waldack also agreed with Commissioners Tully and Schnell, and he does not see a hardship as having been met.

Commissioner Urban said the petitioner is asking for a 13% variance in lot depth, and questioned what was the average variance approved in the past on cul de sacs. The Mayor responded that there was one that was 30% on Cumnor, and others at 18% and 10%. Mr. Fieldman said that there was one from 110’ to 103’ deep.

Commissioner Urban said he did not see the hardship before, and still does not see it. He will not vote in favor of this.

Attorney Petrarca said that if the petition is denied, the petitioner will have to start the process over again. She asked if Tracy Kasson wanted to speak and he said he would.

Tracy Kasson, representing the petitioner, said that they went before the Plan Commission and the Commission voted 6-0 in favor of this request. He discussed the location of the property at 63rd and Springside. It is easy to see lot depths in a vacuum; however, this site is in a busy location with townhomes across the street, and the high school administrative offices. The highest and best use for this site would be condos, but they would prefer to build three single-family homes in a difficult location. Lot depth is not in the Zoning Ordinance but in the Subdivision Control Ordinance, which in his opinion makes a big difference. The width of the proposed lots will be 85’ or more. They meet their front yard and rear yard setbacks and meet the square footage. He said that everybody’s rear yard will be same. Lot depth means they can built a longer house within the footprint. The two lots with the exception will back up to the third lot so there will be no impact on the other properties. There will be more depth off of Springside than on Brian. Mr. Kasson said that another hardship is that there is not a market for 200’ deep lots. They are very close to the requirement, and to force them to meet the requirement would not be in the character of the area and poses a unique hardship. Part of the definition of hardship is whether it will cause any substantial harm to the adjoining property owners. None of the owners came out in opposition to this plan. No precedent will be set. He noted that Brian Court had a much larger area to work with.

Regarding the trend of development, Mr. Kasson said that the County minimum depth is 100’, and the proposed site is 125’, and meets all the zoning requirements. He noted that across the street from the proposed property are two 90’ deep lots, with other lots in the area at 132’ further north. He described the area with variances given by the County for other developments, and pointed out that their lot width is over the 75’ requirement. He reviewed the reasons why they see their proposal as meeting the requirements and meeting the hardship rule for exceptions.

Commissioner Tully said he appreciated the presentation, saying that the County requirement is 100’ depth minimum. He read the County Subdivision regulations, and asked for clarification that the Village’s requirements are more restrictive than the County’s and was told that they are. He is not convinced that this is not contrary to the development in the area and would cause a precedent, based on additional information received on what has been done in the surrounding area. He noted the wetlands in the Brian Court area.

VOTE : AYES : Commissioner Sandack, Mayor Krajewski NAYS : Commissioners Schnell, McConnell, Tully, Urban, Waldack

The Motion failed.

9. Manager’s Report

Relocation of Curtiss Street Mailboxes Manager Pavlicek asked Public Works Director Barber to present information on the relocation of mailboxes on Curtiss Avenue.

Mr. Barber thanked the Mayor for the Proclamation on Public Works Week.

Mr. Barber said that as the result of the Acadia on the Green project, there will be new construction on Curtiss which will require moving the mailboxes on the north side of Curtiss. He showed a flyer that was prepared with a map that will be posted at the site. The mailboxes will be moved from the north side of Curtiss to the parking deck on the concrete sidewalk at the Washington Street entrance. Signage will be provided. Mr. Barber said that this will be in place effective June 2. Signage noting that the mailboxes have been moved will be installed.

Commissioner Schnell asked that this be put on the website and in the Village Corner. She also suggested putting a sign on Curtiss Street that people cannot access mailboxes from Curtiss, but must access them from Washington.

Manager Pavlicek reminded everyone of the Coffee with the Council at Illiana Financial Credit Union at 6655 Main Street.

10. Attorney’s Report

The Village Attorney requested that the one-week waiting period be waived to consider new business.

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

VOTE : YEA : Commissioners Tully, Urban, Waldack, Sandack, Schnell, Mayor Krajewski NAY : None

Mayor Krajewski declared the Motion carried.

RES00 -02357 Resolution: Authorize a License Agreement with the Downers Grove Downtown Management Corporation for the 2006 Car Show Season Sponsors: Manager’s Office Summary of Item: This will authorize the execution of a Special Commercial Event license agreement for the 2006 Downtown Management Corporation 2006 Car Show season in the Downtown Business District.

A RESOLUTION AUTHORIZING A LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE DOWNTOWN MANAGEMENT CORPORATION FOR THE 2006 CAR SHOW SEASON

RESOLUTION 2006 -53 The Mayor asked the Village Attorney about the policy for waiving fees and whether the Downtown Management Board is a not-for-profit group. The Attorney said it is a not-for-profit organization.

Manager Pavlicek said that the Motion includes a waiver of the application fee and the bond. They need to resolve the insurance issue. She said that historically the Village has placed the Car Show as a rider on our policy. This would be an additional expense of $2,300 to the Downtown Management Corporation. The Heritage Festival policy is about $11,000.

Commissioner Schnell asked if the rider was in addition to the self-insurance. Manager Pavlicek explained that the Village is purchasing general liability for the Heritage Festival and the Village takes the first dollar risk.

Attorney Petrarca said that the Agreement specifies they will name the Village as an additional insured. She said that the Village only found out on Monday that the Downtown Management Corporation does not carry the appropriate insurance.

Commissioner Tully moved to amend the Motion to not require the Downtown Management Corporation to separately insure but instead, they will be added as an insured to the Village’s policy for this type of event. Commissioner Urban seconded the amendment.

Commissioner Waldack asked if they were talking about the self-insurance.

Manager Pavlicek said that the Village self-insures and then purchases special event insurance to cover the more catastrophic claims.

Commissioner Schnell suggested that staff and Council look into this for next year.

Roll call on Motion to amend:

VOTE : YEA : Commissioners Tully, Urban, Waldack, Sandack, Schnell, Mayor Krajewski NAY : None

Mayor Krajewski declared the Motion carried. 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 Waldack and Mayor Krajewski Indexes: Downtown Management Corporation

MOT00 -02356 Motion: Authorize Salary Increase for Downers Grove Village Manager Cara Pavlicek Sponsors: Human Resources Summary of Item: Pursuant to the employment agreement between Cara Pavlicek and the Village of Downers Grove, the Village Council may increase Ms. Pavlicek’s salary by motion without the need to amend the employment agreement. This will increase that salary by 3.5%, which shall be effective the first pay period of the new fiscal year. A motion was made, seconded by Commissioner Urban, to Authorize 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: Village Manager

11.Committee Standing Reports

12.Council Member Reports and New Business

Commissioner Sandack said that some time back he noted the March/April edition of the West Suburban Living which highlighted businesses in the Village. This month’s issue spotlights downtown Downers Grove, and the Chicago Tribune is working on a June 6 article entitled Discover Downers Grove.

Commissioner Sandack then thanked Chief Porter and Officer Edwards for yesterday’s ceremony in honor of Richard Barth, the only officer in the Village to have died in the line of duty. He said the memorial is a fitting way to honor him and all police officers who work toward the safety of the public.

Commissioner Waldack said that the Barth Memorial is a very moving ceremony. He noted that 18,000 police officers have died across the country in the line of duty, and firefighters also put their lives on the line for the public.

Commissioner Waldack then mentioned that he attended Part 1 of a Metropolitan Mayor’s caucus on housing topics. The first meeting was on maintaining long-term affordability, and the May 18 meeting will be on ways to fund affordable housing efforts. He noted that there is one affordable housing development in Downers Grove.

Commissioner Waldack then congratulated Senior Home Sharing on their 25th anniversary celebration. They serve seniors 62 and over who live independently in a normal home situation. They cannot live alone and share the home with other seniors. He said there are several homes in the suburbs.

Commissioner Schnell thanked the Police Department for holding the Barth ceremony every year. The community appreciates it and remembers. She asked that everyone keep the family in their prayers. The ceremony shows the sacrifice of the police and fire departments. She added that the public needs to communicate its appreciation to these individuals.

Commissioner Schnell then encouraged everyone to attend the Public Works open house. Their responsibilities are far reaching and the people in that department are very talented.

Commissioner McConnell said that Character Counts held a meeting last night. She reported that the top four entrants in the Essay for Life contest held locally were submitted to the national contest. Two of the top four were in the top 10% winners, one was in the top 25% and one in the top 50%. There were 49 applicants, with 589 applicants entering nationally from grades 3-12. She said they will probably participate in this again next year.

Commissioner Urban said that he also attended the Barth Memorial ceremony, which was very touching. He suggested that this be publicized as many people may want to attend. He also hopes to see everyone at the Friday Car Show. He indicated he would be willing to collect contributions at his ice cream shop for insurance, or sponsorship may be an option. He knows other communities are doing this by charging a dollar fee for each car.

Commissioner Tully thanked the organizers for including the Council in the Barth Memorial ceremony. It is a moving service and attracts police from other communities.

Commissioner Tully reminded everyone that Coffee with the Council will be held on Saturday, May 20, 2006 from 9:00-10:00 a.m. at the Illiana Financial Credit Union’s Community Room at 6655 Main Street. He encouraged people to also attend the Public Works open house.

The Mayor also commented on the Barth Memorial, noting that the individual who shot Richard Barth has been paroled and is walking on the streets.

13.Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section 2©(6) of the Open Meetings Act to consider setting a price for property and pursuant to Section 2©(11) of the Open Meeting Act to consider litigation. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 9:21p.m