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May 23, 2006

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

Present:Mayor Brian Krajewski; Commissioners Sue McConnell, Martin Tully, Ron Sandack, Stan Urban, William Waldack; Village Manager Cara Pavlicek; Village Attorney Enza Petrarca; Village Clerk April Holden

Absent:Commissioner Marilyn Schnell

Visitors: Press: Kevin Stahr, Downers Grove Reporter Residents & Others: Cornell Barnett, ComEd; Judy Ellertson, Indian Boundary YMCA ; Don Mueller, Galen Edmondson, BHOA , Lombard; Carl Schroeder, Bob Hautzenroeder, Butterfield East Homeowners, Lombard; Karl Fitzloff, 444 Franklin; Patrick Lally, 504 Franklin; Jerry Pizzotti, Butterfield East Residents, Lombard; Eric Grandurd, CM LaVoie & Assoc., 1050 W. Route 126, Plainfield; Michael Anderson, AAI , 1250 Larkin Avenue, Elgin; Richard Merel, True North, 2500 Highland, Lombard; Tim Steingel, Butterfield East Residents, Lombard; Jim Russ, 4925 Main Street; John Clark, Cordogan Clark & Assoc., 716 N. Wells, Chicago; J. Christofanelci, Ernst & Young, 233 Wacker, Chicago; Angel Ulrey, ENCAP , Inc. 1709 Afton Road, Sycamore, IL; Allison Hushings, Marous & Co., Park Ridge; Kevin Bonnon, Strategy Planning Association, 1100 E. Woodfield, Schaumburg; Erik Gil, Christopher Burke Eng., Ltd., 9575 W. Higgins Rd., Rosemont; Frank Salathe, JEN Land Design, 5517 N. Cumberland, Chicago; Brett Duffy, Spaceco, Inc., 9 S 75 W . Higgins, Rosemont; Bill Patrun, Bristol Moran, 1931 N. Michigan Rd., Schaumburg; Patrick Thompson, DLA Piper Rudnick, 203 N. LaSalle, Chicago; Tony Rossi, Bristol Moran Development, 1274 Barneswood Drive; Gordon L. Goodman, 5834 Middaugh; Dave Humphreys, Community Grants Commission, 4221 Saratoga; Diana Olson; Peter Crawford, PSA , 40 S. Shuman, Naperville Staff: Fire Chief Phil Ruscetti, Mary Scalzetti, Director, Tourism & Community Events; Deputy Police Chief Kurt Bluder; Dave Barber, Director, Public Works; Andy Matejcak, Director, Counseling & Social Services; Don Scheidler, Deputy Director, Community Development; Greg Zimmerman, Director, Human Resources; Liangfu Wu, Director, Information Services; Mike Baker, Assistant Village Manager; Jeff O’Brien, Planner; Don Rosenthal, Director, Community Development; Rita Trainor, Director, Financial Services; Doug Kozlowski, Director, Marketing & Media Relations

Mayor Krajewski explained that Council Workshop meetings are held the second and fourth Tuesdays at 6:30 p.m. The meetings are video taped live and for later cable cast over cable channel 6.

The Workshop meeting is intended to provide Council and the public with an appropriate forum for informal discussion of any items intended for future Council consideration or just for general information. No formal action is taken at Workshop meetings.

The public is invited to attend and encouraged to comment or ask questions in an informal manner on any of the items being discussed or on any other subject. The agenda is created to provide a guideline for discussion.

MANAGER

Consent Agenda Items

Manager Pavlicek reviewed the Consent Agenda items, asking for questions.

Bid: 2006 Preventive Seal (CIP Project ST-004).

Commissioner Waldack expressed concern about the company’s violation of the Prevailing Wage Act. He noted that the difference between this bid and the next highest was $577.00. He asked whether any other Council members were concerned with this.

Manager Pavlicek said that the difficulty here is that the low responsive bidder did not include anything in the bid submission that would disqualify them. The information the Village received from the State said this was the first notice of violation and the bidder would not be able to be disqualified unless there was a second violation. For that reason, staff recommends proceeding with the lowest qualified bidder.

Commissioner Waldack said he still has problems with dealing with a company that doesn’t honor their responsibility of paying fair wages, and he would prefer to check into the second bidder.

Commissioner Sandack said that staff checked into the references of the low bidders, and he recommended checking the references of the second bidder. He shares some of Commissioner Waldack’s concerns and said it would not hurt to review the second bidder’s references as well.

Manager Pavlicek said the staff would provide a reference check by Monday.

Bid: Geotechnical and Material Testing Services.

The Mayor asked if this is the firm that did the Parking Deck. Manager Pavlicek said this is the same firm. Staff had no difficulties with the quality of their work. The Mayor described difficulties encountered during the construction of the parking deck. The Manager said the company has since unionized, and there should be no concern from labor union protests. The contract would be entered into after the June 6 Council meeting if approved. Mayor Krajewski asked if they would still be using Claude Hurley until that time, and Manager said that was her understanding.

Dave Barber , Director, Public Works, confirmed that Claude Hurley would remain on board until the new contract.

Commissioner Waldack had concerns about how staff determined the low bid, and thanked the Manager and staff for their response. He was satisfied with the clear explanation provided by the staff.

Change Order: 2006 New Sidewalk Improvements, Project S-004. There were no questions.

2006 Community Grants Program. There were no questions.

Heritage Festival Update. There were no questions. This was an informational item only.

Prosecution Services for Ordinance Cases with Smith, Rickert & Smith. There were no questions.

Agreement with YMCA to Hold 2006 Farmers’ Market.

Manager Pavlicek asked Mr. Kozlowski to provide an overview regarding some site restriction issues.

Doug Kozlowski , Director of Marketing and Media Relations, said the YMCA agreement is substantially the same as in past years; however, there has been a question of alternate sites with the closure of the Curtiss Street Lot. Since the Workshop document was generated, the YMCA has had the opportunity to look at Parking Lot B, immediately adjacent to the Main Street Station west of the curb cut, and extend the market all the way to Main Street utilizing the Kiss and Ride area as well as the train station plaza. YMCA staff members said that would not meet their needs because of the large trucks used by vendors, as well as performance space and concession stands. The other alternative was to move to the Village Hall parking lot; however, power requirements could not be met. After additional consultation, staff realizes it is probably best to leave it in Parking Lot B and let people know that parking is available across from the Library as well as the parking deck, or the Village Hall area. Keeping it there appears to be the best choice.

John Schofield, 1125 Jefferson, asked, with the closing of the Curtiss lot, what the position will be with the handicapped-parking situation. Manager Pavlicek said they will need to designate that on the map for the next meeting.

Highway Authority Agreement with Former 2001 Oil Company Service Station at 212 Ogden Avenue. * There were no questions.

IDOT Grants for Ogden Avenue Corridor. There were no questions.

Active Agenda and Informational Items

Village Council Standing Committee Meetings. The Manager asked that the Municipal Code be amended to remove the requirements of regularly scheduled meetings, and to include wording to meet as directed by the Council.

Commissioner Tully agreed with the proposed revisions. There are three Standing Committees: Public Services, Public Safety, and Finance and Administrative, each made up of two members of the Council with staff liaisons to discuss specific issues. The Committees were used primarily for further discussion of items directed by the Mayor and/or Council. However, over time the Committees became the venue by which items were “pre-workshopped.” He noted that the staff could also bring forward issues through the Manager’s office. He agreed with the proposed changes.

Commissioner Waldack said he views the Standing Committees as a way of communication, and he thinks they need to be as open as possible to the various channels of communication. The Council can certainly pass things to the Standing Committees for further study, but the Public Service Committee has been open to public input with individuals bringing in issues that the Council has not yet considered. He suggested at least quarterly meetings. He said that since the Council has been asked to provide the auditors with answers to the questions regarding fraud, the Committee should meet at least on a quarterly basis.

Commissioner Sandack referred to the Village Code Section 2.5.1 and asked the Attorney whether they were discussing removal of subsection© or modifying it. The Manager said that staff is looking for direction, and rather than the current wording to establish regular scheduled meetings, it would be worded to conduct special meetings in conformance with the Illinois Open Meetings Act as directed by the governing body. She said the intent is to make sure that everyone is receiving the same information at the same time. Commissioner Sandack said there were instances where meetings were necessary, as well as times when the meetings were redundant. He thinks modifying the rules as matters come forward will not effect communication with the residents. They can always return to the original structure if necessary.

The Mayor asked about increased productivity for the Department Directors during the past several months. Not having the Standing Committee meetings has probably freed up more time for them. He mentioned that there were other ad hoc committees created as well that are not included in Section 2.5.1.

Commissioner Tully said that the use of the Committees has changed over time. He doesn’t see the change affecting public access. The problem was that often staff or a citizen would bring up an issue and the Council suggested the Committee study it. However, over time it became a “pre-workshop” situation, with the item coming back to the Council for the same questions, discussion, etc. He said there seemed to be a perception that if it came out of Committee it was approved, but that was not the case. In some cases it seemed to actually close down public input. This proposed change will take the Committees back to their original intent. Ad hoc committees can be created for a variety of reasons, and all of those meetings are public. He does not think the change will affect public input. He further referenced the auditor’s question, saying he is not sure that the audit question actually referred to the Finance Committee since the Committee does not have a charter, mission statement, purpose or goal to do any of the things that the audit questionnaire asked about.

Dr. Gordon Goodman , 5834 Middaugh, asked about the relationship of this proposed change to Home Rule. He said he thought from the Manager’s reference that this is part of the municipal code of the State, and Manager Pavlicek said that she meant the Village’s Municipal Code and not the State Code. Dr. Goodman thanked her for the response. He added that he found attending Standing Committee meetings to be helpful, and he hoped that the suggestion is not to remove the Committees. He liked the idea that the Committees are charged with some action, and supports the proposed change.

Manager Pavlicek said staff will draft an ordinance to bring back to the Council in June, and will also visit with the auditors in reference to their audit comments.

Consolidation of Transportation Advisory Commission with the Parking and Traffic Commission. The Manager said this was a discussion-only item. She noted that one of the issues staff has attempted to review is that the Village Code establishes a degree of overlap in the two citizen volunteer commissions. She said that Commissioner Schnell asked that these be referred to the two advisory boards for their review and consideration. Staff feels that they may be able to provide better information if there is a transition plan a few years down the road to have one board .

The Mayor asked the amount of time spent by staff working on the Boards and Commissions. Creating Boards and Commissions requires staff time, and if there are overlapping Boards it is best to combine them into one unit. The Manager said that Public Works is closely involved with these Commissions and the Director has a sense that they know there is a redundancy on some issues.

Commissioner McConnell said she believes it is worth exploring if there are redundancies and find a means of clearing up the overlap. She is concerned about overburdening one Board, however. She asked whether it takes a different type of expertise to address issues reviewed by the two Commissions.

Mayor Krajewski said he believes they need to weigh staff hours and Commission hours.

Commissioner Waldack said he has attended both Parking &Traffic Commission (P&T) and Transportation Advisory Commission (TAC) meetings, and the only real overlap he observed is in relation to commuter parking. TAC reviews the bus system, reverse commuting, circulation studies, etc., and the TAC group has a wealth of knowledge of commuter issues and transportation. The P&T Commission deals with sidewalks matrix, bike paths, parking issues, on-street and off-street, outside the commuter area, etc. He believes it would be a mistake to combine the Commissions due to the loss of expertise. If the two Commissions want to discuss commuter parking issues in a joint session that might reduce some overlap. He has spoken with members of the TAC and felt staff could limit the commuter parking discussion to TAC .

Commissioner Tully said that TAC was created as a recommendation from the Local Transportation Subcommittee of the Public Services Committee. P&T looks at parking and traffic issues and has been in existence for a very long time. TAC was formed to address the issue of the commuter bus system in the Village, and among its recommendations was the issue of commuter-centric issues in the Village beyond simply the commuter bus system. The two main goals of the TAC were to continue to make recommendations as to how or whether to maintain/expand the commuter bus system, and to look at commuter-centric issues including parking or other issues. He has always thought that there could be very delineated areas for both Commissions to continue their service. This particular request, however, is whether there should be a discussion of the two separate boards and whether there are issues of overlap that can be resolved to limit duplicating staff and volunteer time on the same issues. He has no problem with eliminating duplication of effort, to improve the system and provide better service to the residents.

The Mayor asked for the amount of staff time spent on the Boards and Commissions. Some Boards are taking on work and assigning staff to work on these issues. He said they need to look at how this fits into the Council’s and Manager’s priorities.

The Manager said that staff will put together information regarding the two groups. She hoped that prior to the end of the 2006 calendar year she would be able to attend meetings of all of the Boards and Commissions and explain the strategic planning process and goals for the year.

Mayor Krajewski said that they might find a need to restructure the Boards rather than combining them.

Commissioner Tully said that there might be ways to reduce the redundancy without combining the Boards. There was a plan for the Council to meet once a year with every Board and Commission to provide direct communication with the members as to their goals and objectives. He would like to get back to that schedule at the appropriate time.

The Manager said that perhaps the time freed up by the regular Standing Committees can be used to meet with the Boards and Commissions at 5:30 p.m. prior to Council meetings.

DUI Fine Amendment. The Manager said this request is to increase by ordinance the minimum fine charged for local DUI offenses, and is in reaction to Circuit Court decisions. The Mayor noted that the Circuit Court Clerk is increasing fees to the maximum allowed. Village Attorney Petrarca said that they have restructured their distribution system from a fee base to a percentage base. The Village will continue to get the same dollar amount from the County.

Final Plat of Subdivision with Exceptions for Stadtler’s Corner Re-Subdivision. The Manager asked Don Rosenthal, Director, Community Development to address this item.

Don Rosenthal , Director, Community Development, presented a power point presentation regarding the property at Chicago Avenue and Sterling Road. There are four 50’ lots that can be utilized by the developer to build four separate houses on this site. The developers proposed plat shows a consolidation of the four lots into three 75’ lots, all of which exceed the minimum lot depth requirement of 140’. The petitioners are requesting an exception for a right-of-way width of 66’ which is less than required, but in line with existing conditions of the location. They are also requesting an exception to omit the required sidewalks, pavement widening, curb and gutter, as well as streetlights. The developer will be required to provide a fee in lieu of these improvements. These exceptions will be consistent with the surrounding neighborhood.

Mr. Rosenthal said the properties are zoned R-4 and the Future Land Use Map designates the site as residential with 0-6 dwelling units per acre. The plan is consistent with the Map, and has received a unanimous recommendation for approval from the Plan Commission for the final plat of subdivision.

The Mayor said it was good to see the lots being enlarged.

Commissioner McConnell noted that this has shown additional creativity with regard to the trees and readjusting the driveways to keep the trees.

Commissioner Sandack said that he thought it made sense to reduce the four lots into three lots. He noted that many petitions have requested right-of-way exceptions, with more asking for 66’ rather than the 70’. He asked whether the Code should be reviewed to change the requirement to reflect the 66’. Mr. Rosenthal said that a committee has been formed to look into this with the Public Works Director.

Commissioner Tully said the three exceptions meet the criteria. This plan is brilliant, bringing the four 50’ lots into three 75’ lots to meet with the established Village policy. He commended the petitioner for doing this.

Jim Russ , 4915 Main Street, attorney for the petitioner, said that there are only two items the petitioner is requesting Council to review. He said that staff is requesting sidewalks not be placed along Sterling. The petitioner would like to put the sidewalks in along Sterling, and they would like the Council to consider that request. The sidewalks would benefit their properties. Regarding the request for the fire hydrant, they can build four homes there with no requirements for a fire hydrant. Because of the way the property was originally subdivided, the petitioner would have to go through the subdivision process which requires obligations that are not necessarily required during a lot split. Those obligations to the parks and schools would amount to about $9,500. This is the only way to reconfigure these lots from three houses into four, and they are requesting reconsideration regarding putting in the fire hydrant. Had they put in the four houses rather than three, they would not be obligated to put in the fire hydrant.

Mayor Krajewski asked where the closest fire hydrant is located, and if one is close enough he doesn’t see the need to have one located here.

Manager Pavlicek said that a map will be included as to the location of the hydrants, and she added that if the applicant wants to put in the sidewalks she doesn’t see that as a problem either. She’ll find out about the fire hydrant and provide that information.

Commissioner Sandack said if this was not under the Subdivision Control Ordinance, there would be no requirement for the hydrant. He thinks they should also review the Subdivision Control Ordinance requirements.

Commissioner Tully said with respect to the Subdivision Control Ordinance, he would like to see combining lots as part of future activity, and he doesn’t want to create disincentives. They should not discourage people from doing this type of plan. If the life safety issues are being met, they should not be required to install a hydrant without a compelling necessity. As far as the sidewalks are concerned, the Village’s established preference is to have the sidewalks on one side of the road.

Mayor Krajewski asked about the park and school donations. Mr. Russ said that they have to make those donations under the Subdivision Control Ordinance that cannot be waived under the Village. The requirements are under the State Plat Act and the Village’s Subdivision Control Ordinance there is no way to work around the donations. If they were putting in the four houses they would not have to make those donations. This is essentially a re-subdivision of the existing subdivision, and the total donation would be approximately $15,000; however, with the credit for the fourth house they would have to pay $9,500. That donation would not be necessary with the four houses. There are also engineering costs and survey work to combine the lots.

Commissioner Waldack agreed with Commissioners Sandack and Tully that it is great to combine the lots into larger units. He sees this as safer and adding to the community. The Village also ought to provide incentives to the builders. The Commissioner said he also agrees with the petitioner’s request regarding the sidewalks. He felt that the Village should change the Code to encourage more of this type of development.

John Schofield , 1125 Jefferson, said that he sees this as a good plan and approach and feels the Village should encourage this.

Special Use for a Multi-Family Development, Preliminary Planned Development and Preliminary Plat of Subdivision for Residences at the Grove. Mr. Rosenthal described the property located at the northwest corner of I-355 and Butterfield Road, showing the plan on an overhead projection. He said that the final plans will come back to the Plan Commission and the Village Council. The property is presently zoned B-3. The petitioner is requesting preliminary approval of the land use and the site plan. There are 16.25 acres, and the plan is to construct a multi-family residential development. The petitioner is requesting variations for the parking ratio from 2.0 to 1.8, as well as variations from the Sign Ordinance. Staff does not agree with the requested sign variation. The new development will not negatively affect stormwater capacity. He indicated that the neighbors have voiced several concerns including additional traffic, parking issues, stormwater issues and wetlands, the aesthetics of the development, building height, and frontage concerns. He showed slides depicting the project and the boundaries for Lombard/Downers Grove. The Plan Commission recommended approval after reviewing the data at their April meetings.

The Mayor asked about the number of floors for the Sara Lee property.

Commissioner McConnell said she walked the property and applauded the developer’s creativity for that site. She asked about the requirements for the parking variance, as that is presenting some concerns to her. Mr. Rosenthal said that the petitioner is meeting the intent of the Ordinance.

Jeff O’Brien , Planner, said the variation for the parking spaces has been reviewed by a parking and traffic study as requested by staff. The petitioner was required to provide comparisons of their proposed project to similar projects. The Zoning Ordinance requires two spaces per unit which is typical for most ordinances. The petitioner’s traffic study indicated that their actual parking demand would be 1.7 spaces per unit, and staff believes the 1.81 will be adequate. As for the hardship, the site currently contains the stormwater detention for the Home Depot site, and there are wetlands on the site as well. Staff felt it would be less desirable to impact the wetlands by requiring more parking. He indicated to the Mayor that the 1.81 includes the resident/visitor parking needs.

Manager Pavlicek said that looking at land uses en masse, with several large users, applying statistical variances shows that putting all uses in one area may not require the maximum parking ratio to square footage in a commercial development, such as the sites at 75th and Lemont Road. Staff is comfortable recommending this variance.

Commissioner McConnell said she wants to be sure that all stormwater requirements are met. The Manager said that the next stage would include further plans that will include compliance with all County and Village stormwater requirements.

Commissioner McConnell asked about the cost and maintenance of the access road, as she doesn’t want to see this become an issue. Mr. Rosenthal said that could be studied when the final plats come forward, as this is very early in the development stage.

Commissioner Waldack said he would like to see additional parking as he has a problem with variations in parking. He would like to see the figures of 1.79 per unit revisited, and clarified that he would like to see a comparison with Orchard Village.

Commissioner Sandack noted that this is a preliminary stage plan, and is related to a challenging parcel being put to its highest and best use. He feels that the plan is doable, stating that the Stormwater must comply with the DuPage County Stormwater Ordinance. He thinks the aesthetics and frontage are deminimus to the value they will add to the site. He sees this as probably the most appropriate use of the real estate.

Commissioner Tully said that the petition is for approval of a preliminary planned development and a preliminary plat of subdivision with two variations and a special use. The special use refers to building a multi-family use in a B-3 area. He asked staff to explain the difference between preliminary and final plats of approval.

Mr. O’Brien said that the site is a challenging site particularly with regard to the grade. The petitioner is looking for land use approval, in order to move forward with engineering costs. He said that the Council will be granting approval for the land use if it approves of the plan. The developer would then come back at a later date with the final engineering, site plan, unit count, etc. Preliminary approval does not allow them to move forward to the actual construction process. It does allow them to move forward with engineering plans. All questions regarding stormwater, traffic, easement agreements, etc., will be part of the final submission.

Commissioner Tully reviewed the two variations, one of which is for parking and the other for signage. He referred to the sections in the Village Code for those variations, saying he agrees with staff’s interpretation not to approve the sign variance, and he agrees to the parking variation based on the explanation provided.

Carl Schroeder , 20W632 Glen Court, Lombard, said he represents the Butterfield East Homeowners’ Association. He asked why there is a requirement of 200’ of unbroken street frontage because that will prohibit driving in from the expressway. He also asked about the parking requirements for Home Depot, and whether they will be lessened. Mr. Schroeder said he agreed with Commissioner Waldack that residents will need the parking spaces at night at the rate of 2.0 and not 1.7 spaces for their cars. Regarding the building height, he said that it is objectionable as the building at the back corner will be 90’ high. It will be closest to the church. The other buildings will be 78’ high, and the neighbors would like to see it lowered to six stories. As for stormwater management, Mr. Schroeder said that the Home Depot detention pond is releasing 20% more water than it should, and asked how that will be improved. He cannot imagine this turning into luxury housing, but instead will become low-income housing.

Don Mueller , 2S510 Lloyd Avenue, Lombard, asked about the frontage road issue. He understands a frontage road as providing access to or from a property adjacent to another roadway. It appears as though I-355 is being considered as the frontage road, but does not meet the qualifications. He said that I-355 does not give access to come in or off of it.

Commissioner Sandack said that I-355 does not qualify as a “frontage road,” but is “frontage.”

Mr. Mueller then asked for clarification on the explanation with regard to the traffic situation and how it will impact the residents on Lloyd. He pointed out that exiting Home Depot’s various access points brings many people driving through the private subdivision rather than exiting onto the public highway because they can avoid traffic signals. He thinks this project will bring an additional problem to the surrounding residential area in terms of exiting commercial traffic. He finds it hard to believe that if their subdivision were part of Downers Grove, that the Village would negatively impact all of those streets. He also sees nothing in the document referring to the schools, saying he understands that any children in the complex would attend Lombard schools rather than Downers Grove schools. All of the revenue will go to Downers Grove, but there is no financial coverage for the Lombard schools. The present capacity of the schools is filled and he asked whether the education issue has been addressed. In addition, he asked where the children will go to play, since they won’t be able to cut through yards. They would have to come out along the Butterfield Road side.

The Mayor said that the Village would love to have the boundaries changed so that children attend Downers Grove schools, and other children go to their own town schools. Right now the Village has Woodridge, Oakbrook, and some Westmont children attending Downers Grove schools. He understands the concern Mr. Mueller may have regarding the schools. He explained that there is a difference between the property taxes and the school taxes as they are separate entities. Mr. Mueller echoed concerns about the stormwater problem, and the concept of what they want to do with the property. He would not find this an attractive development.

Jerry Pizzotti , 2S156 Hampton Lane, Butterfield Estates in Lombard, asked about the 200’ frontage, as there is nothing in the petition that shows a 200’ frontage, and asked how the Village can approve this. He then said that the petitioner presented a solution for easing the congestion of the traffic. Mr. Pizzotti said he contacted Patrick O’Shea, his York Township Commissioner, who advised that he knew someone who was in charge of the traffic signals for the area. The solution indicated from the traffic expert is to adjust the timing on Lloyd, which will create a problem elsewhere. All traffic lights are set by one control, and Mr. Zimer of DuPage County who maintains the traffic timing agreed that a study has to be done to determine what changes can be made.

The Mayor noted to Mr. Pizzotti that Butterfield Road is a state road.

Wayne Tasic , 21W122 Butterfield, agreed that this is a creative plan and will bring tax dollars, however, it takes changing the rules. The Council has been asked to make an exception to the parking rules. He asked if the investor has applied for a TIF .

The Mayor said this property is not in a TIF district. Downers Grove has one of the lowest property taxes in DuPage County, so the Village does not get very much money in tax dollars from this type of project.

Manager Pavlicek said she would like to prepare a written response to the questions raised in advance to the Council’s June 6 meeting. She said staff is comfortable that frontage is met. The easement requirements will need to be prepared. As for traffic on Lloyd, more insight will be obtained with a traffic study analysis.

The Mayor asked that staff follow-up on the traffic signalization as well. Manager Pavlicek said that a written response will be provided. She noted that a tax contribution would be provided to the related School and Park Districts.

Mr. Mueller said regarding the traffic, the major thoroughfare through the subdivision west of Lloyd going north is Gray where the school is located. Cars cannot make a left turn coming east from 7:00-9:00 a.m. There is already a lot of traffic on Lloyd of people coming east from Butterfield to avoid the traffic signals.

The Mayor suggested that IDOT be approached in regard to the turning situations and by-pass traffic into the neighborhood.

Galen Edmondson , 2W535 Gray Avenue, across from the school, asked the Council to consider the safety issues, and the increased traffic concerns him. He explained the problem he experiences in the mornings on his way to work.

Planned Development Amendment and Final Plat of Subdivision for Woodcreek Office Park. Mr. Rosenthal said that this request is for an amendment to PD #20 for property at 2211 Butterfield Road. There is an existing 3-story office building with a large parking field. The petitioner wants to resubdivide the property into three different parcels. The existing office building will be on Lot 1, with two new lots created. There are no building elevations or floor plans at this time. There will be a right-in-right-out access connecting Butterfield Road to the Woodcreek Office Park. The Plan Commission considered this proposal at their March 16, 2006, meeting and made a unanimous motion in support of approval of this special use. Staff also recommends approval by the Council at its June 6 meeting. He used the overhead to show the proposed restaurant and office-building pad.

Commissioner McConnell asked for confirmation that the Butterfield access is right-in and right-out, and Mr. Rosenthal said that was correct with permission from the Forest Preserve. Manager Pavlicek said that previously authorization was given for full access to align with Bob-o-Link Road; however, the developer was able to obtain a small easement from the Forest Preserve. She thinks the developer has obtained a second-best situation to pursue the development of the property. The Council is being asked to approve the right-in/right-out as well as the final plat.

The Mayor asked how many times this has been amended, and Mr. Rosenthal said four times, according to information from Mr. O’Brien. The Mayor said there could be a problem with lights from traffic entering into residences across the roadway.

Wayne Tasic, 21W122 Butterfield, presented a petition to the Village Council from over 100 residents who are concerned about this situation. Concerns were raised about documentation reliability, and privileged private investor land use rights being negotiated indirectly for investor’s use of Forest Preserve public use land, non resident and local vehicular traffic, a proposed restaurant of fast food/drive through with high turnover, and nuisance lighting pollution and noise pollution. Mr. Tasic said that he expects the Council to do the right thing, as Character Counts promotes. They do not want to see this property downgraded. He said that the staff report refers to a three-story building, but it is a two-story building. He noted additional ambiguous wording in the staff report, and noted that the right-in/right-out is not delineated on the plan. Mr. Tasic said he questioned the Forest Preserve giving public property to private investors and asked whether this was a financial inducement.

Manager Pavlicek interrupted stating she wanted to be very clear, because she was not comfortable with what Mr. Tasic was accusing the staff of doing. The Forest Preserve told the Village that if staff was trying to achieve goals for the best traffic lineup, which is a full access, the Forest Preserve directed staff to submit the application. It was being done to protect the traffic interests of this Village. She didn’t like the inference that staff was doing something on behalf of the developer for their private gain.

Mr. Tasic then discussed the traffic issues, stating that there were more examples of documentation inconsistency. He further asked about the special use for the restaurant, as his interpretation of the Code is that the restaurant is not an allowed use, and asked whether the Code would be amended to allow this special use, and whether the Downers Grove Police Chief would allow him special use to drive 40 mph through downtown Main Street. Manager Pavlicek explained that “special use” is a specific planning term.

The Mayor asked Mr. Tasic as to his question. He said if there were going to be a drive-through, they would have to come back and get a special use. He said that his guess is that there is a drive-through at the bank. Mr. Tasic said they are not opposed to the bank, but are opposed to a special use. He asked if the right-in/right-out is necessary or marketing ploy. He noted that many people have responded to their petition and requested that the Council deny the plat as it stands as well as the special uses. He mentioned all of the various entities he has approached who he said have responded to their petition including the County and Forest Preserve. They are also not in favor of rezoning the property.

The Mayor noted that there is no rezoning petition before the Village for this property. This is an amendment to a PUD . He said he is confused by what Mr. Tasic is asking of the Council. Manager Pavlicek said that there is confusion in how Mr. Tasic is using planning terminology.

Commissioner Tully said he appreciated Mr. Tasic’s materials. He reviewed the petition presented by Mr. Tasic to the Council, which specified four issues of concern. First, the residents do not want the Forest Preserve District to provide an easement right to the developer, and Commissioner Tully said that is not within the jurisdiction of the Village Council, and the Forest Preserve District has already said “no” to that issue.

Secondly, Commissioner Tully said that the petition states that the residents to not want changes or modifications to the Bob-o-Link /Butterfield Road intersection, because of traffic issues.

Thirdly, Commissioner Tully said that the residents are not in favor of constantly illuminated free-standing monument or wall signage that may be affixed along this project (or along all of Butterfield Road as stated in the petition). Commissioner Tully said that the Village has a recently enacted sign ordinance pertaining to Butterfield Road and the petitioner/developer will have to comply with the Sign Ordinance.

Finally, Commissioner Tully said that the petition by the residents states that they are not in favor of rezoning the property, and Commissioner Tully said that there is no request for rezoning. There is a request for a special use within an existing zoning classification, and there are categories that are considered permitted special uses so long as they meet certain criteria. Commissioner Tully said it is his understanding that the drive-through is not something that is being recommended for approval right now. That would have to come at a future point and be considered, if at all, in the context of what is specifically being proposed for construction.

Mr. Tasic said that under the O-R Codes, the restaurants can be put inside the building. They would prefer that the restaurant go in the building rather than be a free-standing restaurant.

Diana Olson said her concern is the possible chemical plant testing that might go on some time in the future. She understands there is a company that works with chemicals and she is concerned about what they may be pumping into the environment. She was told that there is a pharmaceutical and chemical drug testing company looking to do chemical research.

Manager Pavlicek said the Village has no petition before it for this property, stating that there are specific requirements that must be met.

Professional Services Agreement – Owner’s Representative for Fire Station #2. The Manager said this is one of several steps that the Council will have to take within the next 30 days. The owners’ representative is a professional familiar with architectural as well as construction services and will work with staff on the design and development of Fire Station #2. Staff is requesting Council’s approval to engage their services in advance of entering into a contract for architectural services, particularly because they will use the owners for negotiating the architectural agreement. The architectural agreements are standard AIA documents, and often the municipalities want to make some exceptions to the agreements.

The Mayor asked why they are needed now rather than after the architect’s plans are drawn.

Village Attorney Enza Petrarca said that they are the owner’s representatives through both the architectural and construction phases.

Manager Pavlicek said that there are standard forms that may require some amendments. An owner’s representative is a good advocate at the table for negotiating. This is the first municipal building that would house municipal employees that has been done over a decade. These individuals will have had experience that can save the Village money.

The Mayor noted that liquidated damages had been omitted from the last contract, and they want to be sure that doesn’t happen this time.

Commissioner McConnell said that she wants to be sure that the Village knows exactly with whom they will be working. She asked whether these people have been interviewed. Attorney Petrarca said that staff has interviewed the entire team. They have not worked directly with Williams before.

Commissioner Tully said Sara Davis was the owner’s rep on the parking deck. She participated in the periodic updates and he recalled that Ms. Davis was present at the meetings and met with the Council. Attorney Petrarca said that staff has communicated the expectation that they will expect the owner’s rep to come to the Council meetings once a month, if not more often, to provide an update. Commissioner Tully said that he would like to see that arrangement occur again.

The Mayor asked about a “not to exceed” statement, and Attorney Petrarca said this agreement includes a not-to-exceed amount and also is reflective of the hours they are proposing.

Mayor Krajewski asked who the staff liaison would be. Manager Pavlicek said that Deputy Village Manager Dave Fieldman will be the staff person. If there were significant dialogue about issues such as site, then the Council would have to approve a change order. The next step is to have the Council workshop with the representative to set specific parameters. She said that they understand they are awaiting approval but are reviewing possibilities at this time. Attorney Petrarca said that Deputy Fieldman would be approving their invoices.

Agreement with PSA Dewberry to Conduct a Facility Needs Assessment Study. The Manager said that in January staff reported to the Council that they had interviewed and were ready to recommend contract negotiations for architectural services and a facilities needs assessment study for the Village Hall site. She introduced the representative from PSA Dewberry.

Pete Crawford , PSA Dewberry, 40 S. Shuman in Naperville, said he had met with staff regarding the Village’s municipal building. Manager Pavlicek said that both Attorney Petrarca and Mike Baker have been part of the sheparding process with PSA . PSA needs to complete the Space Needs Study before anything else occurs, noting that the Village would probably have an owner’s representative process involved in this.

The Mayor said the last Space Needs Study was in 1991 and asked whether any of that data was still relevant. Attorney Petrarca said they will let the experts decide.

Mr. Crawford said they have just finished up a study in Romeoville, and are currently engaged in West Chicago for a municipal needs study.

MANAGER ’S REPORT

Manager Pavlicek introduced Cornell Barnett, External Affairs Manager with ComEd, who is the local government liaison. She said he provided an annual report for the Council.

Cornell Barnett , External Affairs Manager, ComEd, said he gave the Council their annual report documentation, and also recapped the first quarter report for ComEd. He explained that ComEd met with legislators and local municipal leaders to discuss the situation of ComEd’s infrastructure, with the understanding that ComEd would come back in 60 days with their plan for improvement. There are nine areas to be addressed including cable replacement, inspection for proper fusing, tree and lighting issues, wildlife protection, etc. He noted that the annual report highlights the activities and outages in the 2004-05 period, listing outages, time, days, customers’ affected, etc.

The Mayor thanked Mr. Barnett and ComEd for the number of meetings they have held over the past several months. He said that there were 17 areas of improvement mentioned for Downers Grove. There has been good reliability with the exception of a few areas which appear to be related to the failing infrastructure. He is happy to see that ComEd is moving forward with the installation of about 15,000 feet of cable. Mr. Barnett said that last year they replaced about 16,000 feet of cable. The Mayor asked whether the areas reported as areas of complaint are those that are being worked on by ComEd staff. Manager Pavlicek said that Mr. Kozlowski met with Mr. Barnett and staff regarding the improvements. There may be problems at Fairview Village to be addressed.

The Mayor thanked ComEd for listening to the areas of concern. He understands that there will be a complete replacement in problem areas.

STANDING COMMITTEE REPORTS

There were none.

ATTORNEY ’S REPORT

Village Attorney Enza Petrarca said she was presenting 14 items to the Council: 1) A resolution authorizing execution of an agreement for legal services with Smith, Rickert & Smith; 2) A resolution authorizing an agreement between the Village of Downers Grove and the Indian Boundary YMCA to jointly conduct the 2006 Downers Grove Farmers’ Market; 3) A resolution authorizing execution of a tiered approach to corrective action objective agreement between the Village of Downers Grove and 2001 Oil Company/Michael Eiserman; 4) A resolution authorizing execution of a first amendment for the State Planning Research Funded Agreement between the Village of Downers Grove and the Illinois Department of Transportation; 5) A resolution authorizing execution of an intergovernmental agreement between the Village of Downers Grove and the Illinois Department of Transportation (Ogden Corridor); 6) An ordinance amending the Illinois Vehicle Code adoption to include amendments thereto; 7) A resolution approving the final plat of subdivision for the Stadtler Corner Resubdivision with exceptions; 8) An ordinance amending the Comprehensive Zoning Ordinance of the Village of Downers Grove, Illinois to designate Residences at the Grove as Planned Development No. 38; 9) An ordinance authorizing a special use for Residences at the Grove with variations; 10) A resolution approving the preliminary plat of subdivision for the Residences at the Grove subdivision; 11) An ordinance approving planned development amendments to Planned Development #20, for a restaurant facility and office site; 12) A resolution approving the final plat of subdivision for the Woodcreek Business Park Subdivision; 13) A resolution authorizing execution of an agreement for professional services between the Village of Downers Grove and Owner Services Group, Inc.; and 14) A resolution authorizing execution of a professional Services agreement between the Village of Downers Grove and PSA -Dewberry.

COUNCIL MEMBERS

Commissioner McConnell invited everyone to participate in the Village’s Memorial Day activities.

There being no further discussion, the Workshop meeting was adjourned at 9:30 p.m.

April K. Holden Village Clerk tmh