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August 01, 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 Absent: Village Clerk April Holden Non Voting: Village Manager Cara Pavlicek, Village Attorney Enza Petrarca and Deputy Village Clerk Linda Brown 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 presiding officer will ask, at the appropriate time, 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.

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

3. Minutes of Workshop and Council Meetings

Executive Session Minutes for Approval Only – June 27, 2006 Council Meeting – July 18, 2006 Workshop Meeting – July 25, 2006 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

1. John Schofield, 1125 Jefferson, addressed two items on the agenda. He said that he e-mailed the Council and staff on these issues. Regarding the Sign Ordinance, he raised four points. He thinks the language in the ordinance extends by one year the sunset on nonconforming signs, and he believes the date should now be included in the ordinance. Mr. Schofield then said that development signs all should be issued permits, even those grandfathered. In addition, Mr. Schofield said that the language is inconsistent with what he has been informed of by letter from the Director of Community Development. He said that if the intent is to have a broader range of content, the ordinance should reflect it. He said there is an ambiguity at present that should be clarified with the stated intent. Finally, he said the development signs should be brought within the scope of the permitting process.

As for the demolition and construction site ordinance, Mr. Schofield said it is the more important ordinance. It is a great step and he and his neighbors support it. It improves public safety for the neighbors of construction sites particularly with the fencing and notice requirements. His only concern is that there are clearly stated requirements about fencing and infill, with no ambiguity; however, the question of PUD ’s and subdivisions appear to be at the discretion of the Director of Community Development, with the exception of the height. He believes it invites too much ambiguity, and he would like to see a stronger standard in the ordinance.

B. Comments and Questions on General Matters

1. Bill Wrobel, 7800 Queens Court, said he was there to present a verbal bouquet. He has worked since January with the Code Enforcement and Police Department regarding overnight parking at the Cub Foods parking lot. He worked with Sgt. Mike Willison regarding the Village’s ban on overnight parking in shopping centers. Mr. Wrobel said it has been a pleasure working with Sgt. Willison. He and his associates have done a great job. This fits in with the “own the streets” program and he thanked Chief Porter for the excellent work done by his staff.

2. Laurel Bowen, 829 Clyde Drive, said that when the Curtiss Street asphalt was removed, it was noticed that the original bricks remain. She noted a July 18 Chicago Tribune article recognizing the Village’s 12 blocks of cobblestone brick streets, stating that they slow traffic and add character. She said with the price of asphalt going up she hoped the Council would consider retaining those bricks on Curtiss.

The Mayor said that during budget time he thought they said it was substantially more costly to retain the bricks than to lay asphalt. He added that the SSA requires the neighborhoods to pay for maintenancce of the brick streets. He added that Maple also has brick under the asphalt layer.

Ms. Bowen then noted that the sidewalk is crumbling at Mochel Drive. She said that Mr. Barber said poor quality materials were used. She added that crosswalks were also deteriorating at Main and Curtiss. The Village has recently contracted with Williams Architects to work on Fire Station 2, but Williams has had issues in other communities regarding substandard work. She asked why the Village is approving construction companies who use poor construction materials. She recommended that the Village staff be held accountable for these poorly managed construction projects.

Ms. Bowen then brought up another subject from two weeks ago saying the Mayor indicated he could not speak to the Brookbank Road development; yet, the Village staff talked about this and requested the variance. She said that the County did not endorse the Village variance. Ms. Bowen asked why information cannot be provided to the public at Council meetings. She said there needs to be more transparency at the Council meetings or it appears as though there is purposeful and willful withholding of information by the Council. Citizens should be better informed.

Mayor Krajewski said that every time she comes before the Council she provides about 2% of correct information and the rest is false. With regards to the Fire Station and Williams, the staff checked references of Williams Architects throughout the Chicagoland area. Staff received positive reports from many communities. He noted that Commission Waldack researched Williams himself and noted they had done excellent work. Regarding the Bradley/Brookbank development, staff will be coming forward to the Council with recommendations regarding how the road will be constructed. He indicated that he still can’t talk about this, based on the legal advice of Village Attorney Petrarca. He suggested that if Ms. Bowen missed that meeting, she can request information from the staff so that she is more informed when she comes to speak.

3. J. Kiluk, 4733 Puffer Road, commented on the Puffer Road extension, saying he was disappointed on how the taxpayers’ money is being spent to provide an access road to one house. He referred to Ordinance 19-14 regarding access to property. He could not find that ordinance. Mr. Kiluk said that he was informed that the reason Puffer Road was extended had to do with vandalism, littering along Belmont Road, etc. He doesn’t understand how extending Puffer Road to the middle of the forest and being more secluded will solve those problems.

The Mayor said he thought Puffer Road was being extended to access the house. Mr. Kiluk said that was correct. The previous owner requested this, but Mr. Kiluk said he could not find the ordinance allowing this. He indicated that the previous owner paid for improvements himself and Mr. Kiluk does not think taxpayers’ money should be paid for this purpose. The Mayor said staff would provide the ordinance and explain it to him.

Mr. Kiluk then said he grew up in a communist country where the government never listened, and he approached the Council previously with a petition from the people on Puffer Road asking that the Council not spend the taxpayers’ money for extension of the road and he is unhappy with the response. The extension of Puffer Road is almost complete. There is no way a fire truck will be able to turn around in the extension area.

The Mayor asked the Manager to have staff check on the snowplow issue and the fire truck space for turnarounds. Manager Pavlicek added that staff will provide something in writing to Mr. Kiluk.

5. Public Hearings

6. Consent Agenda

COR00 -02442 Claim Ordinance: No. 5647, Payroll, July 21, 2006 Sponsors: Accounting Indexes: N/A

BIL00 -02441 List of Bills Payable: No. 5633, August 1, 2006 Sponsors: Accounting Indexes: N/A

BID00 -02427 Bid: Award Supply of Fire Hydrants to Ziebell Water Service Products, Inc., Elk Grove Village, Illinois, in an Amount Not to Exceed $22,000 Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Hydrants

RES00 -02428 Resolution: Authorize an Intergovernmental Agreement with the Downers Grove Park District for Construction of Parking Improvements at Doerhoffer Park Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE PARK DISTRICT FOR CONSTRUCTION OF PARKING IMPROVEMENTS AT DOERHOFFER PARK

RESOLUTION 2006 -73 A motion was made to Pass this file on the Consent Agenda. Indexes: Park District

RES00 -02429 Resolution: Authorize a Lease Agreement for Parking with Elite Sports Complex, 6360 Belmont Road Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT FOR PARKING BETWEEN THE VILLAGE OF DOWNERS GROVE AND ELITE SPORTS COMPLEX

RESOLUTION 2006 -74 A motion was made to Pass this file on the Consent Agenda. Indexes: Park & Ride – Elite Sports Complex, 6360 Belmont Road

BID00 -02430 Bid: Award $26,092 for Two Schmdt Wausau TE4211H -IS Snow Plows to Lindco Equipment Sales, Inc., Merrillville, Indiana Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works – Equipment

MOT00 -02431 Motion: Authorize Change Order No. 1 for $11,740 to M. Stephens & Co., Inc. for McCollum Park Satellite Maintenance Facility, 6801 S. Main Street Sponsors: Manager’s Office A motion was made to Award this file on the Consent Agenda. Indexes: McCollum Park-Satellite Maintenance Facility

RES00 -02432 Resolution: Authorize Tiered Approach to Corrective Action Objective Agreement Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVE AGREEMENT

RESOLUTION 2006 -75 A motion was made to Pass this file on the Consent Agenda. Indexes: Corrective Action, Washington Street – Corrective Action

MOT00 -02444 Motion: Note Receipt of Minutes of Village Boards and Commissions Summary of Item: Stormwater and Flood Plain Oversight Committee Meeting – June 22, 2006 A motion was made to Award this file on the Consent Agenda. Indexes: N/A Passed The Consent Agenda

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

7. Active Agenda

ORD00 -02433 Ordinance: Amend the Comprehensive Zoning Ordinance to Designate Charles Place as Final Planned Development #41 Sponsors: Deputy Village Manager Summary of Item: At their meeting of July 10, 2006, the Plan Commission recommended to designate Charles Place as Final Planned Development #41.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS TO DESIGNATE CHARLES PLACE AS FINAL PLANNED DEVELOPMENT #41

ORDINANCE NO . 4797 A motion was made by Commissioner Tully, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Abstain: Commissioner Urban Indexes: Planned Development #41-Charles Place

RES00 -02434 Resolution: Final Plat of Subdivision for the Charles Place Subdivision Sponsors: Deputy Village Manager Summary of Item: At their meeting of July 10, 2006, the Plan Commission recommended approval of the Final Plat of Subdivision for the Charles Place Subdivision.

A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR THE CHARLES PLACE SUBDIVISION

RESOLUTION 2006 -76 Commissioner Tully said that this was a welcome addition to the Village downtown area.

Commissioner Schnell commented that she also thought this was a great addition. In light of Ms. Bowen’s comments, Commissioner Schnell said that perhaps as the development progresses they can replace the sidewalks in conjunction with the construction project. Manager Pavlicek said that there is a punch list specifically for the Main & Curtiss Street area.

Mayor Krajewski asked whether the $1.3 million is over the life of the remainder of the TIF and Deputy Manager said that it is $800,000 net. The Mayor added that the downtown area is paying for the downtown development. 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 Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Abstain: Commissioner Urban Indexes: Planned Development #41-Charles Place, Subdivision – Charles Place

ORD00 -02435 Ordinance: Approve a Redevelopment Agreement with Three Lights Development, LLC Sponsors: Deputy Village Manager Summary of Item: This will authorize a redevelopment agreement between the Village of Downers Grove and Three Lights Development, LLC for the redevelopment of the Mochel Drive parcel (Charles Place Redevelopment Project).

AN ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THREE LIGHTS DEVELOPMENT , LLC

ORDINANCE NO . 4798 Mayor Krajewski said that the EAV has doubled in the downtown area since the TIF project began, and asked whether the 3% would be more than the $800,000. Deputy Fieldman said that it would be more. 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 Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Abstain: Commissioner Urban Indexes: Planned Development #41-Charles Place, Subdivision – Charles Place, Redevelopment Agreement - 5151 Mochel Drive

ORD00 -02436 Ordinance: Authorize a Special Use for a Professional Office Building Located at 6040 Main Street Sponsors: Community Development Summary of Item: At their meeting of July 10, 2006, the Plan Commission recommended a special use be granted for a professional office building located at 6040 Main Street.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A PROFESSIONAL OFFICE BUILDING LOCATED AT 6040 MAIN STREET

ORDINANCE NO . 4799 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: Special Use – 6040 Main Street

ORD00 -02314 Ordinance: Amend Sign Provisions Sponsors: Community Development Summary of Item: This will make certain amendments to the Municipal Code concerning signs.

AN ORDINANCE AMENDING SIGN PROVISIONS

ORDINANCE NO . 4800 Commissioner Tully explained that this is a slightly amended ordinance which takes into account Mr. Schofield’s comments regarding clarifying that nonconforming signs must come into conformance. The intent is that it will still be seven years from the original ordinance, however, he agrees that it is wise to state the date certain is on or prior to May 4, 2012. This will assure no confusion as to when the deadline for conformance is to take place.

Commissioner Waldack said that one other provisions concerns schools, churches and government signs which changes the movable copy from two lines to four lines, and he will vote in favor of that change. He would like to see feedback from the churches and schools on this provision, and urged them to review the Sign Ordinance so there are no problems six years from now.

The Mayor asked whether developers’ signs need a permit, and Mr. Fieldman said they do. The Mayor said if one is currently legal they won’t need a permit, but asked if the developers will be required to come in for a permit for illegal signs. Deputy Fieldman said if they never obtained the required permit, they will be required to do so. 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: Zoning Ordinance – Signs for Colleges and Universities, Zoning Ordinance – Signs

ORD00 -02408 Ordinance: Amend Demolition/Construction Site Management Sponsors: Community Development Summary of Item: This will make certain amendments to the Municipal Code concerning construction site management.

AN ORDINANCE AMENDING DEMOLITION /CONSTRUCTION SITE MANAGEMENT

ORDINANCE NO . 4801 Commissioner Tully asked for clarification, saying these are beneficial changes to the demolition ordinance. The language in Section 7.11.1.c provides that the Director of Code Enforcement recognizes that the fencing spelled out in this Section will be complied with; however, the director will be able to make adjustments other than with regard to height. Manager Pavlicek said his understanding was correct. She said that development might be phased and the fences might be installed over a series of phases. Commissioner Tully then referred to the developer providing a written fencing plan, saying if the developer were looking for a deviation for fencing it could be provided with justification on a case-by-case basis. The Manager said that the developers will be asked to submit their requests in writing with full explanation, and the public can obtain that information. In further response to Commissioner Tully, the Manager said that if the Council wants to have notification in writing subject to ultimate approval for any fencing request, that would be acceptable, and Deputy Fieldman said that has already started with the Acadia development.

Commissioner Schnell thanked staff and the public for their input saying this ordinance will make the Village a better community.

Commissioner Waldack also noted that this has been a team effort including Council, staff, residents, and is a continuation of the redevelopment program. He said that the bond has been raised from $3,000 to $4,000, and this provides for a more stringent porta-potty plan. A motion was made by Commissioner Urban, 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: Demolition of Properties, Demolition and Construction Activities

ORD00 -02438 Ordinance: Amend Certain Water Billing Procedures Sponsors: Finance Summary of Item: This will amend certain water billing procedures.

AN ORDINANCE AMENDING CERTAIN WATER BILLING PROCEDURES

ORDINANCE NO . 4802 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: Water Billing, Utility Billing

8. Mayor’s Report

Resolution

RES00 -02443 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This is to appoint and reappoint members to the following Boards and Commissions:

TECHNOLOGY COMMISSION

Reappoint Robert Blair-Smith to a term expiring April 30, 2009

ZONING BOARD OF APPEALS

Appoint Bradley Weltler to a term expiring April 30, 2008

A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO VILLAGE BOARDS AND COMMISSIONS

RESOLUTION 2006 -77 Commissioner Sandack said that Mr. Weltler could not be present this evening, but is eager to serve on the Zoning Board of Appeals. 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: Boards and Commissions New Business

Mayor Krajewski read a letter from State Representative Bellock to the Governor for the $540,000 in grants owed to the Village. The Manager said that there has been no response from the Governor to date.

9. Manager’s Report

Dave Barber, Director, Public Works, reported on the water use. Normally this time of year residents use approximately 7.5 million gallons per day. He noted that yesterday 8.7 million gallons were used and we are on target today for 9.5 million gallons. He reminded residents that walking patrols will be out watching for unlawful use of water. He said water use is being monitored, and reminded residents about the odd/even date watering. He warned that citations would be issued. The Mayor noted that ComEd reported record usage and asked if the Village has to do anything in regard to that.

Manager Pavlicek said that she believes ComEd just wants the Village to know that they are aware of the problem and ahead of the heat at this point.

The Manager then said that invitations have been sent to residents in the 55th and Main area regarding the Fire Station #2 issue. Very preliminary schematic designs will be available.

Manager Pavlicek commented that the Stormwater Advisory Committee has considered a request to construct a road within a floodplain on Brookbank. The County has commented on the issue and did not give a favorable response to that variance request. Staff will forward a recommendation to the Village Council and will also meet with the residents to seek input on the options available. This issue has evolved since the Stormwater Committee had their meeting. She added that there are specific items that staff or the Council cannot discuss due to legal issues.

The Mayor asked whether they can find out the reason for the County’s 7-3 negative vote, and the Manager said she expects that they will obtain that information from the County. There is no rush at this time.

Commissioner Schnell asked that the Council also receive minutes of the County meeting.

Commissioner Tully asked that the Manager expand on the fact that there is a difference between the Brookbank Road project, and the Bradley Development. He asked for some explanation of these two separate issues.

Manager Pavlicek responded that previously there was a residential subdivision called Bradley Brookbank Subdivision and a number of issues occurred leading to litigation between the Village and the developer. That settlement has not been finalized, and that issue should not be discussed until settlement is finalized.

As for the road on Brookbank, the Manager said that it has a median down the middle until it nears the vicinity of the property near the residential development. The road issue is a public right-of-way road, and the completion of the extra leg of the road was required, with the cost borne by the developer. She said minutes of relative meetings would be provided to the Council. Because of the elevation of that right-of-way, there are regulations which prohibit certain construction in floodways.

Commissioner Tully thanked her for the explanation, and said his understanding is that if the Brookbank Road segment were to be completed, the Village would still have to go through the process of wrestling with the stormwater/floodplain issues and elevation height regardless of development or not. The Manager said that was correct, and indicated that the staff would provide options available to the Village. There will be dialogue in a public setting once certain issues are resolved.

The Mayor asked again that the County minutes be obtained so the Council can understand why they voted that way.

10. Attorney’s Report

Future Active Agenda

11.Council Member Reports and New Business

Commissioner Schnell commented on the Car Show last week, saying that many of the stores in the downtown area were not open and the businesses did not take advantage of the crowds that were present in the downtown area. She indicated that many people have commented to her that the businesses should be open on nights when there are so many potential customers available, and she asked that Linda Kunze of the Downtown Development Board find out why the businesses do not remain open.

The Mayor announced that he was invited to attend a meeting of the Universal Supreme Council of the Scottish Rite of Freemasons at the DoubleTree. And later the Mayor met with another group that was present at the DoubleTree for a family reunion and they commented to him about the wonderful time they were having in the great restaurants. He said there was a total of about 500 people in these two events taking advantage of the Butterfield Road business area and local hotels and restaurants.

12. Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section 2©3 of the Open Meetings Act to consider the selection of a person to fill a public office. Commissioner Urban seconded.

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

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