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March 06, 2007

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, Commissioner Sean P. Durkin and Mayor Brian Krajewski Non Voting: Village Manager Cara Pavlicek, Village Attorney Enza Petrarca and Village Clerk April Holden 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. Remarks should 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

Council Meeting – February 20, 2007 Workshop Meeting – February 27, 2007 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. Christine Fregeau, 1918 Elmore Avenue, commented on the discussion at the Council’s last Workshop meeting in regard to the 2007 sidewalk program. She was pleased to see the GIS mapping information for sidewalks resurrected and playing an important role in the current 2007 report. She referred to three items asked of the Council at the end of 2006, which were to increase the level of stable and dedicated funding to complete the sidewalk program; reallocate developer contributions to supplement the sidewalk budget; and plan for annual increases with an escalator for the program. Ms. Fregeau thanked the Council for their support of the program and acknowledged the creative design by Village engineers regarding layout of the sidewalks. She said she hoped the Village would continue to widen its focus, and hoped that the Public Works staff would work on a Plan B walking path for schoolchildren in the Nelson Meadows area. She said that the Village’s commitment by providing stable funding for projects to make the Village a safe place to walk is not taken for granted. She is grateful for that commitment.

2. Dr. Gordon Goodman, 5834 Middaugh, complimented the Village for moving forward on the sidewalk matrix, referencing a survey conducted by the Park District saying that the leading need expressed by residents was for places to walk. He said he doesn’t think this can be supplied on Park District property, but is to be found within the community. He encouraged the Village to develop a pedestrian circulation plan and policy. He felt that the Village’s policy of sidewalks on one side of every street is great, but is not enough. He recommended that the Village conduct an analysis of how people would walk the community.

Special Guest

Mayor Krajewski asked a visiting Scout to introduce himself. Sean McCormick of Pack 80 at St. Joseph School said he was in the 6th grade and was working on citizenship and community badges. The Mayor said staff would provide him with a Village pin for attending the meeting.

B. Comments and Questions on General Matters

1. Dr. Gordon Goodman, 5834 Middaugh, asked about access to the Village’s website, saying it is much better than before and is pleased that the Council continues to make it available. He expressed concern about one thing, however, in the 3rd link in the government section for Council Minutes and Agenda. There are no links in that section. He said it would be good to have a Workshop for avid website users and staff. He noted that most of the links that do not work are to archives, and he suggested providing a pointer to the new location. He said there are many sophisticated users of the website.

Manager Pavlicek said a meeting could be scheduled with the Technology Commission. She would have Dr. Wu look into that.

2. Bill Wrobel, 7800 Queens Court, commented on 4500 Bryan Place. He said there was a Downers Grove Coalition for Managed Redevelopment meeting recently and he was present on behalf of the Coalition, and on behalf of Scott Pfeiffer who lives next door to 4500 Bryan Place. Mr. Wrobel referenced legal action concerning the property, saying that he understood that the defendant and plaintiff have many problems. He attended a hearing at Field Court where the civil portion of the case was separated from the Code Enforcement case, and in the interim the owner of the property, Joseph Duffy, had a letter of intent written that he would demolish the property on March 1. Mr. Wrobel said that there is a problem with NIGAS regarding a gas meter that has been hooked up for 28 months, and they are saying it will take 6-8 weeks before they can disconnect the gas meter. He said that this is a perfect example of Code Enforcement gone to an extreme. Code Enforcement is a major issue in the coming campaign. He said that the Coalition would not like to see this type of event ever repeated again, and he said that the Coalition would appreciate the Council’s intervention in this matter to get NIGAS to remove the meter.

3. Bruce Beckman, 4629 Middaugh, commented on emergency services for the Fire Station #2 cover area during the construction period. He understands that the center of the Village will have reduced emergency services on weekends, holidays and up to 5:00 p.m. on weeknights from 59th Street to Prairie Avenue for emergency ambulance services. This area will be dependent upon services from the other three stations and other nearby communities. He said although there appears to be some indoor space available at the old Public Works garage, no steps have been taken to house emergency equipment there or establish temporary firefighter dorm facilities. He said that temporary trailers could be leased. He respects that seconds count in emergency situations, and he thinks the Village should rethink this decision and hold a community forum on this matter. He noted that the center city area includes Whittier School, St. Joseph’s School, the Library, two senior citizens residences and other special facilities.

4. Howard Hall, 5150 Benton, said he has been a professional firefighter since 1974, and worked in Downers Grove from 1988-1990. Presently he is in Elk Grove, and is concerned about closing Fire Station 2 for 1-1/2 years. He noted that response time to his home would take eight minutes once equipment is out of the door-not from when the call is made. The Village has a world-class hospital, but it will take the ambulance ten minutes to get to his house. He referenced the amount of time it takes to get to his house from Station 3, saying that the Village has to realize that downtown is important, adding that many communities have had trailers or double trainers during construction periods. He said coming from Westmont stations will take too long, and they average 10.5 calls per day. The downtown area of the Village is important. Using temporary trailer facilities is a common practice and he wants the Council to review their decision. They have to focus on serving the community, and have to be flexible on this. He said $70,000 for leasing a doublewide trailer is nothing compared to potential lawsuits.

5. D’Ann Burley, 450 Rogers, said she is a former Deputy Clerk of Cook County and Rolling Meadows. She is also currently a radio talk show host and held a lot of discussions on 9/11 dealing with the Fire Department of New York. It is important to support the Fire Department in every way possible. She agrees fully with what has already been said about the decision regarding emergency services during construction of the proposed Fire Station. In addition, Ms. Burley commented that she has heart problems. She noted that there is no available parking outside of specific areas for people who are disabled and handicapped from the hours of 2:00 a.m. to 6:00 a.m. In addition, there are people who cannot park in garages and whose cars are towed during the early morning hours. Ms. Burley also referenced the Village’s ordinance saying no parking is permitted between 2:00-6:00 a.m., as well as posted signs prohibiting street parking from 6:00 a.m. to 9:00 a.m. She asked the Council to designate parking for disabled and handicapped in residential areas as well as in public areas and the train station, and asked that all restrictions be clearly posted. She said that in her situation, she has difficulty walking up and down the stairs, but now has to walk all through the Village if there is no available parking in her lot, and that is not right.

5. Public Hearings

6. Consent Agenda

COR00 -02692 A. Claim Ordinance: No. 5679, Payroll, February 16, 2007 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02694 B. List of Bills Payable: No. 5664, March 6, 2007 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

MOT00 -02695 C. Motion: Professional Services for 2007 CIP Projects Sponsors: Public Works Summary of Item: Motion to approve an agreement with Kudrna & Associates of Westmont, IL in the amount of $27,500 to provide surveying services.

Motion to approve an agreement with RE Hamilton of Joliet, IL in the amount of $49,543 to provide resident Engineering Services for the Brick Street Improvement Project. This work will only be authorized to proceed if the project is approved later in 2007.

Motion to approve an agreement with RE Hamilton of Joliet, IL in the amount of $45,258.20 to provide resident Engineering Services for the Woodward Avenue Reconstruction Project. This work will only be authorized when IDOT awards the contract for this project later in 2007.

Motion to approve an agreement with Land Technology of McHenry, IL in the amount of $45,540 to provide design service for the Dunham Road Ditch ($7,570), design services for the Lee and Northcott at Warren Avenue Storm Sewer ($11,430), design of the sewer on Leonard Avenue from 62nd to 63rd Streets ($9,540), and design of improvements on Brookbank Road south of 55th Street ($16,900).

Motion to approve an agreement with Postl-Yore & Associates of Arlington Heights, IL in the amount of $28,400 for design services on Carpenter Street from 59th to 63rd Streets.

Motion to approve an agreement with K-Plus Engineering of Naperville, IL in the amount of $30,965 to provide design services for the replacement of the storm sewer on Maple and Carpenter Streets.

Motion to approve an agreement with Burns & McDonnell of Downers Grove, IL in the amount of $10,432.20 to design a traffic signal at Lee Avenue and Ogden Avenue. A motion was made to Award this file on the Consent Agenda. Indexes: Capital Projects, Community Investment Program

BID00 -02697 D. Bid: Award $41,700 to HD Supply Waterworks, Carol Stream, IL for Supply of Fire Hydrants Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Hydrants

BID00 -02698 E. Bid: Award $52,865.00 to Pecover Decorating Services, Inc., Aurora, IL for Fire Hydrant Painting Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Hydrants

BID00 -02699 F. Bid: Award $24,760.00 to M.E. Simpson Co., Inc., Valparaiso, Indiana for Large Water Meter Testing and Repair Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Water Hydrants & Meters

BID00 -02700 G. Bid: Award $109,933.50 to Elgin Sweeping Services, Inc., Chicago, IL for Street Sweeping Maintenance Services Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Street- Sweeper

MOT00 -02702 H. Motion: Approve Construction Drawings and Bid Specifications for New Fire Station 2 Sponsors: Deputy Village Manager A motion was made to Award this file on the Consent Agenda. Indexes: Fire Station #2, Planned Development #43-Fire Station No. 2

MOT00 -02709 I. Motion: Note Receipt of Minutes of Village Boards and Commissions Summary of Item: Library Board 1/24/07 & 2/14/07 Zoning Board of Appeals – 1/24/07 A motion was made to Award this file on the Consent Agenda. 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, Commissioner Durkin and Mayor Krajewski

7. Active Agenda

RES00 -02703 A. Resolution: Authorize an Agreement for Professional Services with Oppenheimer Financial Services Sponsors: Deputy Village Manager Summary of Item: This will authorize an agreement between the Village and Oppenheimer Financial Services for financial advisor services for the bond issuance for Fire Station 2.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE VILLAGE OF DOWNERS GROVE AND OPPENHEIMER FINANCIAL SERVICES

RESOLUTION 2007 -20 Commissioner Tully moved to adopt a resolution authorizing execution of an agreement for professional services between the Village of Downers Grove and Speer Financial, Inc., as presented. Commissioner Urban seconded the Motion.

Commissioner Sandack said he appreciated the additional information provided by staff. It is his feeling that the services would be professional, but he is concerned that this service is something other firms can do at a reduced sum. He would prefer to go with the low bid.

Commissioner Schnell said that in reviewing the information provided by staff, the professionalism and responsiveness of this company stands out. She feels that is important in this matter. She questioned whether the low bidder could be as responsive. She noted that we need the financial help to make a good decisions. She said Council needs to look to staff, and upon review of the materials, she feels the Council should award this to Speer even though there is an $11,000 difference. There is a confidence level with Speer and this is a time-sensitive matter. She will vote to authorize this agreement with Speer.

Commissioner Tully noted that there is a difference in price of $11,500 between Speer and Oppenheimer. Unless the Council is going to interview candidates, they need to rely on staff’s information, although they should still ask questions. Absent some demonstration that would cause him to diverge from staff’s recommendation, Commissioner Tully said he finds it is difficult to go against the recommendation made by staff. He is comfortable authorizing this agreement with Speer.

Commissioner Durkin said he is puzzled because other organizations offered the same on-line auction bidding process. Oppenheimer has done billions of dollars of transactions and he referenced local work with the Forest Preserve Districts of Cook, DuPage, and Will Counties, as well as a number of Park Districts in the surrounding area. There is no indication that the additional cost will provide the Village with any additional services. He does not see the value in going with Speer. There is no indication that they will work with local banks. He recommends authorizing this agreement with Oppenheimer.

Mayor Krajewski thanked staff for their work on this matter. He asked about Oppenheimer’s ability to do an on-line auction.

Manager Pavlicek said that staff was notified that Oppenheimer is able to do the on-line auction through Grant Street Group. The cost would be $2,750 which would be a separate cost for the Village. The cost quoted by Speer was $1,750.

The Mayor said Oppenheimer would do exactly the same thing as Speer in this regard. The Village could probably set the auction parameters.

The Manager noted that traditionally the auction time is very limited.

Commissioner Urban stressed the urgency of this matter and of making a decision tonight. He said Speer has 53% of the bond market in Illinois. Everything Speer has, Oppenheimer can do.

Commissioner Urban moved to amend the motion to adopt a resolution authorizing execution of an agreement for professional services between the Village of Downers Grove and Oppenheimer Financial Services to include an on-line auction. Commissioner Durkin seconded the Motion.

Commissioner Tully said he could support the amended motion. He asked if it would delay the process to authorize this agreement with Oppenheimer.

Dave Fieldman, Deputy Village Manager, said staff has the bid documents that serves as a contract.

Enza Petrarca, Village Attorney, said Oppenheimer submitted an RFP , which is considered a proposal.

The Manager said the on-line price was not contained in the RFP .

Ms. Petrarca said that with the on-line proposal submitted yesterday, the documentation is appropriate.

Commissioner Waldack asked if the agreement is authorized with Oppenheimer if there would be a time delay.

Mr. Fieldman said it appears both firms can meet the time frame.

Commissioner Waldack said Speer submitted impressive documents. He reiterated that the proposed fee would be raised $2,750. He noted that Oppenheimer is a reputable company.

Commissioner Schnell asked to the expertise of Oppenheimer.

Mr. Fieldman said Oppenheimer is a strong company. He is not as confident that they have as much expertise as Speer based on their proposal, interview and follow-up questions. He is concerned about their ability to bring the service as quickly and as smoothly as Speer based only on the interview and follow-up questions.

Commissioner Waldack asked about Grant Street Group.

Mr. Fieldman said it is a company that provides web-based services, including an on-line auction. They can provide this service to any company.

The Mayor said Grant Street Group conducts the auction.

AYES : Commissions Urban, Durkin, Sandack, Tully, Mayor Krajewski NAYS : Commissioners Waldack and Schnell

The Mayor said the motion to amend the resolution to authorize execution of an agreement for professional services between the Village of Downers Grove and Oppenheimer, including an on-line auction, passed.

A voted was then taken on the motion as amended.

AYES : Commissions Tully, Urban, Durkin, Sandack, Waldack, Mayor Krajewski NAYS : Commissioners Schnell

The Mayor said the Motion passed. A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Nay: Commissioner Schnell Indexes: Bond Issue, Fire Station #2, Planned Development #43-Fire Station No. 2

ORD00 -02704 B. Ordinance: Vacating a Certain Portion of a Public Right-of-Way (A Portion of Pershing Avenue Lying South of Ogden Avenue at the Intersection of Ogden and Pershing Avenues) Sponsors: Community Development Summary of Item: This will vacate a portion of Pershing Avenue lying south of Ogden Avenue at the intersection of Ogden and Pershing Avenues.

AN ORDINANCE VACATING A CERTAIN PORTION OF A PUBLIC RIGHT -OF-WAY IN THE VILLAGE OF DOWNERS GROVE (A PORTION OF PERSHING AVENUE LYING SOUTH OF OGDEN AVENUE AT THE INTERSECTION OF OGDEN AND PERSHING AVENUES )

ORDINANCE NO . 4853 Commissioner Urban moved to adopt an ordinance vacating a certain portion of a public right-of-way in the Village of Downers Grove (a portion of Pershing Avenue lying south of Ogden Avenue at the intersection of Ogden and Pershing Avenues), as presented. Commissioner Durkin seconded the Motion.

Commissioner Urban asked as to the impact if this is tabled for two to four weeks.

Mr. Fieldman said he did not know.

Commissioner Urban said this is a valuable piece of property. He is uncomfortable with the dollar amount the staff is recommending be paid for this. He asked the petitioner as to a hardship if this were delayed.

Vince Lococo, 2101 Ogden Avenue, asked how much time the Council would need, as it has taken a while to finish the plan.

Commissioner Urban explained the manner in which the calculation was done for this parcel. He said this parcel adds value to Mr. Lococo’s property and business. He wants to be sure the Village is being fair to the taxpayers. He would need to know how long it would take to do an appraisal.

The Mayor said it is up to the Council to determine the appraisal method.

Ms. Petrarca said that was correct.

The Manager said the policy calls for the petitioner to pay for the appraisal. She said six weeks may be a reasonable time. She noted that in regard to a previous vacation of land adjacent to residential property, staff had general conversations with an appraiser.

Commissioner Urban said he does not think the Village is getting a fair deal here. This is an asset that belongs to the community. He asked about the cost of an appraisal, as it would be a cost to the petitioner. He said he spoke with staff today and understands that the petitioner is working with the neighbor and has offered $10,000 toward repair and restoration of the alley. This is a good and neighborly thing to do, but he is still concerned that he is giving away an asset that belongs to the community. If an appraisal is not agreed upon, he will vote against this.

Ms. Petrarca said she estimates an appraisal to cost between $3,000 and $5,000.

Commissioner Tully noted that the vacation policy states that the petitioner must submit an appraisal conducted by a certified appraiser, although the Council may consider an alternate method of assessing the current market value of the parcel in lieu of an appraisal. The alternate method has been done in residential areas. This, however, is commercial property on Ogden Avenue. The policy was established to have a better understanding of the value of the property, and he agrees with Commissioner Urban that an appraisal should be required in this instance. He said he was disappointed that the appraisal process was not followed. He would not like to extend this six weeks. He is willing to live with the alternate appraisal means in that this is on Ogden Avenue and meets the goals of the Ogden Avenue Master Plan. Commissioner Tully said he is sensitive to the hardship that this might impose upon the petitioner, and asked if there are deadlines that the Village Council needs to know about before they make their decision.

Mr. Lococo said he does not have a problem other than he is anxious to start remodeling the property and making the improvements. Commissioner Tully thanked Mr. Lococo for his graciousness.

Commissioner Sandack said that the policy does not distinguish between commercial and residential properties, and perhaps that should be distinguished for staff up front. He said there were residential vacations recently wherein the Council tends to be more liberal; however, with commercial property the Council needs to give staff the right direction, while at the same time providing discretion to the staff and Manager. In his mind, on commercial property, the default always should be appraisal unless it is a very small thing. In residential it could be the opposite because it usually concerns alleys, or some smaller pieces of property.

Commissioner Urban noted that this takes a supermajority vote, which requires six votes, with or without the appraisal.

The Manager asked whether the petitioner should spend the money to get a certified appraisal if there are not six affirmative votes. One option would be to adopt the ordinance with a blank figure as to the amount.

Village Attorney Petrarca said that there would have to be a clause regarding approval of the price.

Commissioner Urban asked the petitioner if he would like this tabled or if he would prefer that the ordinance include a price.

The Attorney asked the Council to speak if they are opposed to going forward with this ordinance. She would be concerned with passing the ordinance to vacate at this time without knowing the Council’s position.

Commissioner Tully suggested they consider an ordinance with the amount of $14,000 or the appraised value, whichever is greater. If it were substantially higher, they would have the information necessary.

Ms. Petrarca said that would be fine provided they did not have to bring the ordinance back to Council. She noted that the ordinance could be written such that it would not become effective until the plat was received and payment was made within a certain number of days.

Commissioner Waldack said he intended to vote in favor of the vacation tonight. He agrees to proceed with the appraisal.

Commissioner Sandack noted that if this is tabled, there may be a different Council when this is brought back. He recommended acting on this tonight with the contingency stipulated.

Commissioner Urban said the Council owes it to the petitioner to vote on this tonight.

Commissioner Durkin he supports this appraisal because this is commercial property. He asked Mr. Lococo if the offer to the neighbor will still stand.

Mr. Lococo said it will.

Commissioner Schnell said the Council needs to act on this tonight.

Commissioner Tully said there is a commercial vs. residential distinction. The property is the issue. Vacations need to be reviewed on a case-by-case basis. It is not that the Council needs to direct staff, but staff should outline reasons for the recommended appraisal method.

Attorney Petrarca said the revised ordinance would include two conditions: 1) The petitioners will pay $14,230.43 or an amount to be determined by an appraisal prepared by an Illinois licensed appraiser approved by the Village, whichever is greater; and 2) The ordinance will not become effective and the plat of vacation will not be recorded until the Village received full payment from the petitioner.

The Manager suggested that the ordinance stipulate that the conditions must be met by August 1, 2007.

Commissioner Urban moved to amend the motion to adopt an ordinance vacating a portion of Pershing Avenue lying south of Ogden Avenue at the intersection of Ogden and Pershing Avenues subject to the conditions outlined above by the Village Attorney and the Village Manager. Commissioner Durkin seconded the Motion.

AYES : Commissions Urban, Durkin, Waldack, Sandack, Tully, Schnell, Mayor Krajewski NAYS : None

The Mayor said the motion to amend the ordinance vacating a portion of Pershing Avenue lying south of Ogden Avenue at the intersection of Ogden and Pershing Avenues subject to the conditions outlined above by the Village Attorney and the Village Manager passed.

A voted was then taken on the motion as amended.

AYES : Commissions Urban, Durkin, Waldack, Sandack, Tully, Schnell, Mayor Krajewski NAYS : None

The Mayor said the Motion passed. A motion was made by Commissioner Urban, seconded by Commissioner Durkin, 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, Commissioner Durkin and Mayor Krajewski Indexes: Vacation, Vacation – Right of Way – Ogden & Pershing, Planned Development #45-Ultimate Motor Cars

ORD00 -02705 C. Ordinance: Designate Ultimate Motor Cars as Final Planned Development #45 Sponsors: Community Development Summary of Item: At their meeting of February 5, 2007, the Plan Commission recommended to designate Ultimate Motor Cars as Final Planned Development Number 45.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS TO DESIGNATE ULTIMATE MOTOR CARS AS FINAL PLANNED DEVELOPMENT #45

ORDINANCE NO . 4854 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, Commissioner Durkin and Mayor Krajewski Indexes: Planned Development #45-Ultimate Motor Cars

ORD00 -02706 D. Ordinance: Authorize a Special Use for 2055 & 2101 Ogden Avenue to Permit an Automobile Dealership Sponsors: Community Development Summary of Item: At their meeting of February 5, 2007, the Plan Commission recommended that a Special Use be granted for the property located at 2055 & 2101 Ogden Avenue for an automobile dealership.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 2055 & 2101 OGDEN AVENUE TO PERMIT AN AUTOMOBILE DEALERSHIP

ORDINANCE NO . 4855 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, Commissioner Durkin and Mayor Krajewski Indexes: Planned Development #45-Ultimate Motor Cars, Special Use – 2055 & 2101 Ogden Avenue

MOT00 -02707 E. Motion: Approve the Proposed 2007 Sidewalk Matrix Sponsors: Public Works Summary of Item: At their meeting of February 14, 2007, the Parking & Traffic Commission recommended to approve the amended Sidewalk Priority Matrix.

This will approve the following:

The proposed 2007 Sidewalk Matrix. The projects identified as the 2007 Work Program as noted on the Proposed Sidewalk Matrix. The addition of three project segments to the 2007 project list from the Missing Sidewalk Sections list. The design standard to keep new sidewalks as far away from the paved street as possible by installing the back of the new sidewalk at one-foot from the property line (right-of-way line) whenever possible. The Missing Sidewalk List as a supplement to the Sidewalk Matrix to be used for future consideration as sidewalks are built. A motion was made by Commissioner Durkin, seconded by Commissioner Schnell, 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, Commissioner Durkin and Mayor Krajewski Indexes: Sidewalk Matrix

RES00 -02708 F. Resolution: Authorize Agreement with County of DuPage re: Autumn Grove Resource Center Sponsors: Counseling and Social Services Summary of Item: This will authorize execution of an agreement between the Village and the County of DuPage for the 2007 Community Development Block Grant Program. This will support activities for the Autumn Grove Resource Neighborhood Center.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF DOWNERS GROVE (AUTUMN GROVE RESOURCE CENTER )

RESOLUTION 2007 -21 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, Commissioner Durkin and Mayor Krajewski Indexes: DuPage County Community Development Block Grant

8. Mayor’s Report

RES00 -02629 Resolution: Appointment to the Economic Development Corporation Sponsors: Mayor Summary of Item: This will appoint Village Commissioner Stan Urban as a Governmental Director on the Economic Development Corporation Board of Directors.

A RESOLUTION APPOINTING VILLAGE COMMISSIONER STAN URBAN TO THE ECONOMIC DEVELOPMENT CORPORATION

RESOLUTION 2007 -22 Commissioner Schnell said she had a philosophical problem with passing a resolution appointing people during an election period. A motion was made by Commissioner Durkin, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Nay: Commissioner Schnell Indexes: Boards and Commissions, Economic Development Corporation The Mayor said he went to Springfield with the Economic Development Corporation President, Greg Bedalov, as part of the CREATE organization, Chicago Regional Environmental and Transportation Efficiency program, which is a public/private partnership between the federal government, railroads, the State, the city, METRA and national freight railroads. They have a $1.5 billion project to improve the rail system in the Chicagoland area. The first phase is $330,000,000 and includes 25 new railroad over/underpasses, one of which is Belmont Avenue. He said he was unable to take the Amtrak train to Springfield and arrived two hours before the train because the train had to stop for freight trains coming through. While in Springfield, they spoke with Representative Scully and other legislators hoping that the State would pass a bill to help with funding of $100,000,000.

Mayor Krajewski said they also discussed HB 1500 regarding pulling out of the DuPage Water Commission. They also attended a public hearing on Thursday morning regarding rail safety and discussed rail crossings and emergency vehicles being stopped by trains. Testimony given was that every one-minute delay in response to a fire, the fire doubles in size. As for ambulances, for every minute longer it takes, the chances of the patient surviving is decreased by an additional 10%. He indicated that the Franklin Park Mayor said that they are in the middle of their $45.5 million project and are about 85% through the project.

The Mayor said that yesterday he, the Manager and Doug Kozlowski attended a meeting at Rep. Bellock’s office regarding ComEd. He said that at their initial meeting about a year ago ComEd submitted a two-year plan regarding 17 areas in Downers Grove were going to be completed. He said that about six areas in the Village have been completed and there are about 9,000 more feet to be completed in 2007. He said they should see projects coming forward in the next 45 days. In addition, there is concern about a potential bill to freeze ComEd rates.

9.Manager’s and Directors’ Report

Roadway Improvement Plan Dave Barber, Public Works Director, provided information on the Village’s roadway improvement plan, including information on the infrastructure. He said he distributed some pamphlets with background information. Roadways are designed to carry the load. and to distribute the weight out. The design needs to be such that the side of the roadway is supported. He explained that 2% of the roads have a concrete pavement and 98% of the roads in the Village are asphalt. Generally concrete is considered a rigid pavement and has a sub grade of stone. Asphalt streets are on top of a 4”-6” base course, on top of a stone base and a sub grade which provides for a drainage layer to remove water from beneath the roadway. He said over time pavement deterioration is caused by fatigue and deflection . They can fail from environmental stresses, matter dropping from vehicles, changed weather conditions, or changes in traffic, such as increased truck traffic. He noted that one 18-wheel truck is considered to have the equivalent effect of 3,000-6,000 cars on a roadway. Trash trucks and construction trucks exert a significant load on a roadway that probably wasn’t designed for that type of traffic use.

Using a Power Point presentation, Mr. Barber showed photos of deterioration, cracking, potholes, etc., and explained that street cuts shorten a pavement’s life, and regular maintenance extends the useful life of the road. He explained how pavement defects are remedied including filling and sealing cracks, surface sealing, spot repairs, added thickness, etc. Drainage systems are important in removing water to decrease potential pavement failure, which requires adequate ditching to take water away from the roadways. As to the maintenance methods for asphalt repair, they have crack fill and seal, chip sealing, slurry sealing, and cold patching, which are most commonly seen in the area. He noted the high cost of deferred maintenance to roadways, saying that $1 spent saves $4-6 of reconstruction costs using surface overlays. By the time a crack becomes visible on the surface, the crack beneath is much larger and probably taking in water. A crack in the surface actually begins at the bottom, which increases the rate of deterioration if not addressed as soon as possible.

Mr. Barber said that in order for the Pavement Management System to work it is important to know what you own, know the condition and maintenance history of the streets, and attempt to project the useful life of the roadway. He said that staff is searching for better methods to analyze and inventory the roadways in the Village in order to project maintenance costs, project which streets will deteriorate and where it is best to spend funds for repair. He gave a review of the rating system for Village streets and noted that it costs less money to maintain the roadways than it does to rebuild them. A rating of 9 & 10 means no maintenance is required; a rating of 1 & 2 requires reconstruction. He said that staff reviewed the streets in 2003 and 2004, with an update in 2006. The average rating in 2003 and 2004 was 4.95. In 2006, the Village spent about $2.8 million, which raised the overall rating to 5.3.

Mr. Barber then displayed graphs depicting the history of street construction and repair, saying that bid prices over the 14-year period since 1993 have increased about 5.25%. By reviewing what was actually spent over the years they were able to determine what should have been, but was not, spent on a yearly basis. Staff has struggled to catch up with those figures. He noted that since 1993 an additional ten miles of streets was annexed to the Village. As to the range of costs assuming a 3% inflation, the Village should be spending about $1.47-$1.91 per square yard of asphalt in the system. If 5.25% is the inflation rate, it would raise the cost to $2.15-$2.36 for every square yard in the system. There are about 2.l6 million square yards of pavement to maintain, which would mean $3.8-$4.9 million annually for a paving program at the 3% inflation rate. Mr. Barber said he believes they are making progress over a few years ago. As to needs, staff feels they need to create an updated design and drainage standards program, and establish what level of funding should be allocated to roadway maintenance annually. He said that the Village needs to strengthen its roadway patching standards as well. He identified four projects in the CIP now that have been undergoing minor patching, and the funding for those four projects is estimated at $8.75 million for the areas of Valley View Estates, Streets of Knottingham, Concord Square and Oak Grove Unit II. To attempt to keep costs down, they also need to coordinate with other projects and agencies such as storm sewer projects, Sanitary District projects, etc.

Commissioner Sandack said he would like to see this Power Point presentation on hardcopy and on the website.

Commissioner Waldack asked why they are repairing one street when another may look worse. Mr. Barber said they do not have enough money to repair 40% of the streets, and they are looking to see where they can best spend the money. They expect to have a better coordination of capital projects next year.

Commissioner Durkin asked about the few streets that will be reconstructed from the base up, and Mr. Barber said those are the four projects in the CIP that he mentioned earlier. The Manager said that they are in the 5-year plan.

Commissioner Durkin asked whether, when they look at total reconstruction, they also look at implementation of traffic calming devices. Mr. Barber said they do not, but they could look at that. Commissioner Durkin suggested that they do look at the traffic calming devices. He also asked about the use of fabric materials, and Mr. Barber said they do use the fiber mat to prevent cracks from coming back up. Commissioner Durkin then commented on the cuts in the streets to tap into water/sewer lines, saying he understands that some communities go as far as 15’ in either direction of the cut to prevent cracks. Director Barber said he thinks that 15’ is a bit of overkill, but said that the Village puts a concrete cap and then the asphalt surface. He said they need to design a better standard. He indicated that staff will include a complete update of sewers, sidewalks, etc. Commissioner Durkin said he would like to see a comparison of the 1997 plan to the 2007 plan.

Commissioner Tully said the presentation shows the importance of maintenance and having a dedicated revenue stream. He thanked Mr. Barber for the presentation. He said there is a long-term plan and rationale behind it that staff follows. He agreed that this should be on the website, and should also be a topic for an “At Your Service” cable program.

The Mayor said that Mr. Barber mentioned Prairie Avenue and Woodward, saying that the Village got federal grants from those programs. He said that Sen. Obama’s Outreach Coordinator was at Village Hall. They discussed that the federal government has put a lot of federal money on the table, but the State does not have the money for the matching funds. He said they also discussed reducing the local match. In addition, the Outreach Coordinator said that they are working on the Appropriations Bill and asked what projects the Village would like to see funded. The Mayor mentioned that staff should try to get a few road projects to him.

Manager’s Report

The Manager said that staff will be asking that the Council meeting from April 24 be moved to April 23 to accommodate the DuPage Mayor and Managers Springfield trip.

10. Attorney’s Report

Future Active Agenda

11. Council Member Reports and New Business

Reports from National League of Cities Conference Commissioner Schnell said that in December 2006 she attended the National League of Cities Conference held in Reno, Nevada. She mentioned the benefits of attending the Conference including Workshops discussing issues such as infrastructure, financial challenges in the 21st century, low impact development practices, reinventing affordable housing. She then reported on the Low Impact Development (LID) Practices Workshop, which are developments that have a minimal impact on the water environment. Benefits of LID practices includes urban habitats for birds and wildlife, reducing air pollution, reducing runoff, and creating aesthetically pleasing communities. They provided examples of how the integrated management practices were used throughout communities such as a five-acre community in Minnesota that installed rain gardens on 25 blocks of land, and the resultant reduction in runoff volume. Seattle created a Street Edge Alternative Program that planted roadside ditches with water loving plants that enhanced the look of the community while improving water flow. She said that she provided photos to the Village Manager of some of these projects.

Commissioner Schnell said that attendees also participated in Mobile Workshops looking at the Host City of Reno and how they deal with specific challenges. She toured the Regional Public Safety Training Center, the Regional Communications Center, the Regional Emergency Operations Center. She participated in taser training and was able to use simulator equipment as well. It provided insights into the training of emergency personnel, which was funded by a 1/8 cent sales tax increase approved by the voters. Their state of the art facility opened in 2002 and was designed to provide quality training to law enforcement, fire, EMS and corrections personnel. The estimated cost savings was $300,000. She described the various simulation activities of the center. She indicated that they were proud that if there were an emergency, their staff can go about their jobs and still interact with the press, without any interaction between actual emergency personnel and the press. She said that the taser training was conducted in part of a larger complex. Personnel stated that the public is aware of the use of tasers and when a criminal is apprehended they often will surrender rather than face having the taser used on them.

Commissioner Schnell thanked the Council and the residents for giving her the opportunity to attend the National League of Cities Conference. She thought it was extremely beneficial and provided the Council members with a growth opportunity.

The Mayor then called for any comments from the other Commissioners.

Commissioner Waldack thanked Mr. Barber for his presentation, and Commissioner Schnell for her report on the NLC Conference. He said that he attended a screening on Sunday of “An Inconvenient Truth.” He noted that Senator Kirk Dillard was in attendance as well as a number of residents who were interested in knowing about the Environmental Concerns Commission. He said that the next Environmental Concerns Commission meeting is scheduled at 7:00 p.m. at the Public Works Facility on Walnut on March 8, 2007.

Commissioner Schnell said she attended the Grand Opening of the Family Shelter Resale Shop at 63rd and Fairview, which is a beautiful facility. She added that Commissioner Durkin, the Mayor and she attended the ribbon cutting for National City Bank, which is a community-oriented and beautiful facility.

The Mayor said that Sharing Connection was chosen as a local charity for District 58.

Commissioner Durkin said that the newest issue of West Suburban Living Magazine has the “Best of the West for 2007,” including some Downers Grove entries. The Village’s Library ranked third, with the Tivoli as the best movie theater, My Favorite Toy Store on Main Street as the favorite toy store, and Heritage Festival mentioned as third in the best festival or fair.

Commissioner Durkin then encouraged Village staff and Council to look into extending the one-year street sweeper contract to a 3-year extension.

Commissioner Tully congratulated the Scout guest who attended the entire evening, and deserves two or three community services badges. The Commissioner then commented on statements made about response times for Fire Station #2 during the upcoming construction. He asked that staff prepare some reports to inform the community as to those concerns. The Manager said staff is cognizant of that and this will be on the March 13 Agenda.

The Mayor thanked the 6th graders at Hillcrest School for inviting him out on Monday to speak to their Environmental Club during the recess period. They discussed global warming, no smoking bans, street lighting efficiency, etc.

Mayor Krajewski then mentioned HB 1500 reviewing the “cheat sheet” passed out by lobbyists, and gave that to Village Attorney Petrarca for her review, and to pass it on to DuPage Mayors and Managers’ Conference.

The Mayor said when he was in Springfield they ran into Metra’s chairman and the Executive Director. They discussed changing the schedule to Belmont Street to accompany the office park and Sara Lee moving into town. This would include a stop at Belmont for the 1280 train. He said that he received a call on Monday from one of the METRA people regarding making this adjustment to the schedule.

12. Adjournment

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

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 9:05 p.m