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November 06, 2007

1. Call to Order

Mayor Ron Sandack called the regular meeting of the Village Council of the Village of Downers Grove to order at 7:00 p.m. in the Council Chambers of the Downers Grove Village Hall.

Pledge of Allegiance to the Flag

Mayor Sandack led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Bruce E. Beckman, Commissioner Geoff Neustadt and Mayor Ron Sandack 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 Sandack 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 – October 16, 2007 Council Budget Workshop Meeting – October 20, 2007 Workshop Meeting – October 23, 2007 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

Police Swearing-In Ceremony

Police Chief Robert Porter introduced two new members of the Police Department. Village Clerk April Holden swore in Craig G. Widlocki and Jonathan M. Lyerly as Police Officers. Mayor Sandack welcomed them and thanked them for their services to the Village.

Bi-weekly Update – Fire Station 2 Construction

Ed Disler, Owner’s Representative, noted that many milestones were reached in the last month. He reviewed the wings of the buildings and the progress to date. He noted variations among the buildings. The masonry is behind schedule, but said there is a commitment to complete this work before the end of the month. The rest of the project is ahead of schedule, including the interior work. All underground work is complete. He showed slides depicting the progress. He said cobblestones were found beneath the street. He said his main concern is completion of the masonry work by the end of the year.

Mayor Sandack complimented Mr. Disler on the work that’s been accomplished.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

1. Steve Stewart, Executive Vice-President of Fairview Village, said he was present with John Gray and other representatives. He noted the items to be voted upon by the Village Council, saying that one of the items comes with a recommendation from staff to remand this back to the Plan Commission. He asked that the item be tabled until January to give Fairview Village an opportunity to obtain additional data and meet with their neighbors.

2. John Gray, New Life Management, said that at the last meeting they listened to many questions and concerns from the neighbors. Many concerns were with regard to property values. He said that they are purchasing a study to determine potentially what impact their development will have on surrounding property values. He said the study should be completed in eight weeks, after which time Fairview’s representatives will meet with the neighbors to discuss the additional information.

3. Dr. Richard Howard, 6443 Davane Court, and Assistant Superintendent of District 99 said that what he heard two weeks ago at the Workshop meeting is different from what he has heard this evening. He prepared a list of eight questions, which he believes would be best answered at the planning level. His understanding was that the recommendation was to remand this to the Plan Commission. He then highlighted some of the points, a copy of which he distributed to the Council members. Mr. Howard asked what legal obligations the Village would have if they were to approve one petitioner’s request, and then have another request made by another petitioner. He noted that there are some large parcels of property from 63rd Street to 55th Street, and concerns have been made by residents about what would be constructed on these parcels. Mr. Howard said that other points raised by his questions are with regard to going through the process of rezoning, consideration of the number of variances given, whether or not Fairview Village is getting preferential treatment, and the fact that modifications have been made to the plan to add more units.

4. Carol Nields, 6326 Fairview, said she has lived on that site for 46 years. She lived through the rezoning on the corner for the video store and was told then that it was the end of the rezoning along Fairview, which has not changed. Additional rezoning took place, and if this particular site is rezoned, it will influence the entire area. She wants to make sure that Fairview area remains residential. She does not plan on moving, but when they do, their property will probably be converted to apartments if it is rezoned.

5. Anthony DiSalvo, 6339 Davane Court, distributed copies of the Zoning Map and the Village’s Future Land Use Map, saying he was surprised that they were at the meeting based on the Village’s Comprehensive Plan and its Zoning Map. He said it was clear that Family Video was the line in the sand, and that a compromise was made with Mr. Sievers for the townhome construction. He said that this is not an appropriate use. Mr. DiSalvo said that the appropriate and best use was already approved by single-family residential zoning. He noted that he is a mortgage broker and could sympathize with the developer.

Mayor Sandack said that people have a right to submit a petition to the Village.

Mr. DiSalvo said he understands that. However, the area was designated residential by the Zoning Map and the Future Land Use Map. He asked whether that shouldn’t be dictated by the Plan Commission. He said that changing from single-family units to multiple family units would be going from “for sale” to “for rent.” He then asked about the density issue as well. Mr. DiSalvo said that Mr. Sievers built five units on one acre of land, and what is being proposed is double that density. He does not have a problem with looking at the dirt piles or with waiting until the market turns around for single-family residential construction. He said he is against the rezoning of the property for multi-family dwellings.

The Mayor said that the item on the Agenda is to remand this petition back to the Plan Commission. There is a question as to whether it will be remanded to the Plan Commission or whether it will be tabled.

6. Teresa Stewart, 6413 Davane Court, said that there is confusion as to the plan in terms of the water retention plans. She stated that the petitioners do not seem to have a plan for water retention. She and her neighbors are against this petition.

7. Nathasha Buh, 6412 Davane Court, said that she is also against this petition.

8. Anthony Prasnikar, 6425 Davane Court, noted that a small number of residents are present at the meeting. He is surprised to hear a request made to table this issue. Had the residents known this, there would probably have been more people present.

B. Comments and Questions on General Matters

Andrew Clark, 1226 62nd Street, stated his issue concerned the Bradley Brookbank Subdivision. He said he is sure that no one wants to see children go to school with wet clothing or walk narrow roadways heavily trafficked by new drivers. He said that roadway will only be 17’ wide, since it is a divided roadway. The southbound lane will be constructed shortly and he understands that the sidewalk will be immediately adjacent to the roadway, making pedestrians subject to splashing, or adjusting to ice and snow. He asked that the Council direct the staff to have the developer build the roadway with an eight-foot grassy parkway between the road and the sidewalk. Eight feet is the standard that exists now and will better protect the children.

5. Public Hearings

2008 Budget and Proposed Five-Year Financial Plan Mayor Sandack called the public hearing to order at 7:32 p.m. to consider the proposed FY 2008 Village Budget. Notice of this hearing was published in the Downers Grove Reporter and a certificate of publication is made a part of these proceedings. He then summarized the procedures to be followed for the Public Hearing.

Cara Pavlicek, Village Manager, provided an overview of the proposed budget. She said that the budget starts on January 1 and has a total property tax levy of $11.1 million. She noted that the General Fund provides for the day-to-day operations of the Village, and the total recommended expenditure is $42.2 million, which is less than this year. She indicated that $6.9 million has been included for stormwater expenditures. The Manager indicated that recommended new sources of revenue include new Home Rule Sales Taxes, new property taxes, a new surcharge on water bills, as well as various new fees. Staff asked for adoption of the budget on December 4, 2007, and passage of the proposed taxes on December 18, 2007.

Commissioner Tully commented on the request for $25,000 for the Blodgett House. He believes that there was a majority of support expressed for some contribution for FY08 .

Commissioner Neustadt made a point that it might be a good idea to make it a one-time contribution before Heritage Festival.

Commissioner Tully said that there was no guarantee that the Blodgett House would benefit from the pre-Heritage Festival concert. He suggested that a commitment be made to a guaranteed amount of $25,000 by a specific date. He further suggested taking an amount out of the $50,000 amount, possibly $25,000 or $35,000 for Blodgett House as a one-time contribution in January, with the balance for Heritage Festival payments. This was discussed at Saturday’s budget meeting. There was also discussion about an additional ¼ cent to the Home Rule Sales Tax for stormwater projects. Commissioner Tully suggested increasing the Home Rule Sales Tax by ½ cent, and reducing the property tax increase by an equal amount.

The Manager said she has a chart with those figures. The Home Rule Sales Tax increase generates about $2.3 million per ¼ cent increase. Commissioner Tully said it doesn’t necessarily have to be a one-to-one ratio, but perhaps they could consider a lesser property tax increase or an additional surcharge on the water bill.

Commissioner Schnell said her concern with the budget is that this is the largest Public Works set of projects she’s ever seen. This is an extremely aggressive program. She is concerned about the ability to manage so many projects. Commissioner Schnell said she would prefer a ½ cent Home Rule Sales Tax because it is fairer to the homeowners, shifting some of the tax burden to those who have more disposable income. She is happy to hear Commissioner Tully’s comments. Commissioner Schnell said that the Council has an obligation to reduce the burden on the property taxes.

Commissioner Waldack said they would be keeping the money the same but going through different sources. He said that Commissioner Tully also suggested increasing the surcharge on the water bill. Commissioner Waldack then asked for a review of the effect of the changes on all of the taxes. He supported $25,000 for the Blodgett House project as well as continuing the Heritage Festival concert on Thursday evening. He thinks that Thursday concert might even generate additional funds with some improvements in organization.

Mayor Sandack said that there have been three meetings regarding the budget. He noted that the stormwater and infrastructure improvements are the number one concern. He noted that stormwater projects have not been done to the extent proposed by the consultants and the price for those projects is $340 million. Wanting to reduce the property tax and increase the Home Rule Sales Tax is understandable and legitimate; however, he said there is a reason why there are $340 million in stormwater projects, which is because the work has not been done before. The stormwater consultants have said that the Village has a dramatic need for more infrastructure for stormwater throughout the Village. The budget speaks about $7 million in 2008, which could be considered aggressive; however, that puts the Village on a 40-50 year pace to complete the work. He does not see the plan as aggressive enough, and to fund this will be painful. The Mayor said that the Village has very diverse revenue sources. From his perspective, he agrees with the 1/4 cent increase in the Home Rule Sales Tax, but he would like to hear some assurance from the business community that the Village can remain competitive with neighboring communities.

With respect to property taxes, the Mayor reminded everyone that the vast majority of property taxes does not go to the Village, it goes to the schools, as well as the Park District, the Sanitary District, the Airport and the College of DuPage, as well as other agencies. The Village’s portion is very small, and is a stable component to raise revenue. The Village has been conservative and frugal over the years. He asked people to speak up about this and participate in the discussions with e-mails, calls, and letters. With reference to Blodgett House, the Mayor said that he spoke his piece on this issue. He said that a direct payment above what was approved is going beyond the scope of the Council’s charge. He doesn’t think taxpayers should continue to directly fund this project when there are public needs that vastly outweigh the importance of this. He recommends staying with the concert and giving the Blodgett House the proceeds for the 2008 event, but that future events be made available to the entire community of not-for-profits or historic groups.

Commissioner Tully asked staff about the increase of 6.5% Equalized Assessed Valuation (EAV) for FY08 . The Manager said that staff felt comfortable with the 6.5% figure. Commissioner Tully said that recently homeowners received new assessment notices from the County. He asked staff to check whether 6.5% is reasonable given increases in assessments. The Manager said that staff feels it is appropriate.

Commissioner Durkin said that there had been some discussion regarding bonding at the Saturday meeting, and he asked whether that’s been investigated further. Mayor Sandack responded that this will be reviewed further on November 20 if the consultant is hired.

1. Dr. Gordon Goodman, 5834 Middaugh, said that he is pleased with the way the budget process has been going. He commented on the stormwater program, saying that Downers Grove has historically had a view through the 60s, 70s and 80s, to not pipe all the water out of town, but will provide for detention and retention within the Village. At that time the Village relied on the ground water supply for its municipal water, which it no longer does; however, it is still important to provide for detention and not sweep the water down on neighboring communities. There are many properties built in Downers Grove in flood plains that should never have been built. It would be a good idea to buy those properties and add them to the stormwater retention network, which is cheaper than piping the water out of town. Dr. Goodman said that there are alternatives which he hopes the Village and its consultant has considered, as it seems that there is still some fine tuning to be done.

Dr. Goodman then commented that he sees many funds in the budget devoted to progress but not to preserving traditions. He asked where the funds are for the survey for historic preservation in order to qualify for State recognition for participation in beneficial programs. He said that staff has indicated that the survey is not yet well enough defined; however, he said that they have to believe that some time in the next five years the Village will want to put a major component toward preservation. He encouraged the Village to put historic preservation in the Strategic Plan and the budget.

Dr. Goodman announced that the Park District passed a motion to accept moving the Blodgett House onto its Park District campus of the Historical Museum. He is very pleased with the amount of money in the bank and the Heritage Festival concert proceeds.

Dr. Goodman then referenced a letter he sent from the Downers Grove Heritage Preservation Corporation to the Manager regarding moving the Blodgett House. The Park District is willing to use its land for this purpose on the museum campus, and the home will be restored to the 1846 time period. The Park District will operate the home once it is restored, but the Corporation must have $700,000 to achieve this. Dr. Goodman said that they are therefore requesting a continuation of running the ticket sales, publicity and organization of the Heritage Festival pre-concert maintaining a heritage theme. He asked that the Council consider splitting the costs of a $50,000 item in the restoration. He noted that the Community Events Commission has recommended continuation of the Thursday night concert as well, and Dr. Goodman believes it is important for the Council to adopt a budget with the amount recommended by the Community Events Commission. Dr. Goodman noted that the photographs he used in making his presentation were provided by the descendants of the Blodgetts.

2. John Schofield, 1125 Jefferson, commented that no one wants to see the potential destruction that the Emerald Ash Borer may bring to the Village’s trees. He noted that the Forester has prudently placed this issue on the agenda, and the Council has planned to fund for pruning/replacing of trees if necessary. He said that he thought the Forester mentioned the figure of $2.6 million in the next five years. The Council has proposed to fund this in the amount of $250,000, which is 1/10th of the amount that the Forester has conservatively estimated. He said that he would rather see the Village set aside enough money now so they can consider alternatives when the time comes. He said that the numbers shown in the budget do not add up to him. He thinks it would be prudent to double the amount to at least $500,000 for this project. Mr. Schofield said that funding at the proper level would be prudent.

3. Mark Thoman, 1109 61st Street, commented that any specific incremental tax increases or fees should be identified as being specifically tied to projects with sunset clauses. He said that the Village would still be competitive if the Home Rule Sales Taxes were raised.

With regard to Lyman Woods, Mr. Thoman urged the Village Council to consider selling its interest in Lyman Woods to the Forest Preserve or the Park District for $1.00 since it is not the Village’s job to be in that business. He added that he is pleased to see a financial commitment for TCD III and urged funding for TCD IV in 2012.

4. Bill Wrobel, 7800 Queens Court, said that in the 2008 budget proposal there is $100,000 allocated for traffic calming devices. Commissioner Durkin recommended at the meeting last week that 80% of the money should be allocated for equipment and 20% for enforcement. Mr. Wrobel noted that at last night’s Plan Commission meeting the issue of traffic calming was raised several times with regard to the Ogden Avenue traffic situation. He is pleased to see this in the budget, and thanked Commissioner Durkin for his public comments.

Mayor Sandack then thanked the public for their comments.

Commissioner Beckman said that he thought the number one item is the infrastructure development. The Village is playing catch-up, and they are seeing the accumulation of issues not addressed over the past years now becoming a major issue. He expressed his concern as to whether the staff has the tools to implement the projects recommended.

As to the Blodgett House funding, Commissioner Beckman said that the amount is relatively small. He referred to an old saying that, “you don’t know where you are going if you don’t know where you came from.” He thinks $25,000 is probably not too much to help sustain the heritage of the community.

Commissioner Tully commented that budget time always brings to the front balancing of competing interests. He noted that there are finite resources and infinite needs to be addressed. Stormwater is an extraordinarily high need in the Village. He also referenced the necessity in the past to pull back on projects during economic hard times. Commissioner Tully said that the Council is clearly doing something about the stormwater issue because stormwater and infrastructure are important, but he said they also have to focus on what they are not doing. He sees historical preservation as very important, and $25,000 is a small amount to contribute to something that they can never get back. He said that they need to be mindful of all the needs of the community, saying that perhaps putting off consideration for a municipal facility will ultimately cost more later.

With respect to stormwater utility, Commissioner Tully stated that it is coming as a dedicated funding source that will be fair and he thinks the preferred way to go. He said he hopes that the Council can look at this next year. A lot of work and effort has gone into the preparation of this budget.

Commissioner Schnell said that the groundwork was laid in 2001 for stormwater improvements. She has a concern with managing the projects and doing them right the first time. She suggested they look at the possibility of hiring a firm to serve as Project Manager, and she would like to have information as to how this would be managed. She noted how well the Fire Station 2 project is working and would like to see this be the case for the stormwater projects.

Commissioner Schnell then thanked Ms. von der Heide for her report on the Emerald Ash Borer and her perceptions of the problem, particularly her desire to be proactive by removing trees that would be more susceptible to the Ash Borer destruction. As for the Blodgett House, Commissioner Schnell said she agrees with Mayor Sandack, and does not support having additional funds from the concert. If they pursue a stormwater utility in the future, then perhaps there should be a sunset clause to other taxes, if and when that utility is put into place. She indicated that the people creating the stormwater issues should help pay for it.

Commissioner Waldack said that tonight is the public hearing. They have had more public input than in the past, yet they still look for more. He said that the Village has to increase the taxes, but they have to plan for the use of those funds. He commented that people know where the money is going and are pushing to get problems solved. Commissioner Waldack said they must also take into account the effect on people who are on a fixed income in considering funding sources. He said he would vote in favor of the budget because he knows that it is necessary. He thanked the staff for their hard work.

Commissioner Neustadt said that the stormwater and infrastructure needs are a high priority, but they also want to keep the taxes low, so they will have to utilize creative ways to shift funding sources as much as possible. He said that he supports the concert for the Blodgett House as they will do a significant amount of the work. He thanked the public for their comments and the staff for their work on the Budget.

The Mayor said that the process and resident participation has improved. The goal of the Council to increase the interaction through advanced technology is working. He noted to the public that the budget is on-line. Residents can call the Village Hall or e-mail the Council members with their comments and opinions on the issues.

There being no further questions or discussion, Mayor Sandack closed the public hearing at 8:44 p.m.

6. Consent Agenda

COR00 -03030 A. Claim Ordinance: No. 5713, Payroll, October 12, 2007 and No. 5715, Payroll, October 26, 2007 Sponsors: Accounting Indexes: N/A

BIL00 -03031 B. List of Bills Payable: No. 5696, November 6, 2007 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES00 -03032 C. Resolution: Authorize Execution of a Contract for $441,000 with Unimerica Insurance Company for 2008 Stop Loss Coverage Sponsors: Human Resources Summary of Item: This authorizes execution of an agreement between the Village of Downers Grove and Unimerica Insurance Company for stop loss insurance coverage.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND UNIMERICA INSURANCE COMPANY FOR STOP LOSS INSURANCE COVERAGE

RESOLUTION 2007 -107 A motion was made to Pass this file on the Consent Agenda. Indexes: Insurance – Health, Employee

MOT00 -03033 D. Motion: Authorize Execution of a Contract for $28,872 to WinCan America, Inc., Albuquerque, NM, for Sewer Inspection Computer Hardware and Software Modernization Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Storm Sewers, Sewer Jetting

MOT00 -03035 E. Motion: Award Fiber Connection Project to ComTec Communication, LLC , Shorewood, IL, for Fiber Connection Between the Parking Deck and Fire Station 2 Sponsors: Information Services Summary of Item: This is for a not-to-exceed amount of $131,300.00. A motion was made to Award this file on the Consent Agenda. Indexes: Computers, Fire Station #2, Planned Development #43-Fire Station No. 2

MOT00 -03049 F. Note Receipt of Minutes of Boards and Commissions Summary of Item: Human Service Commission – September 5, 2007 Library Board – September 26, 2007 Liquor Commission – August 2, 2007 Plan Commission – October 1, 2007 Zoning Board of Appeals – September 26, 2007 A motion was made to Award this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

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

7. Active Agenda

RES00 -03037 A. Resolution: Adopt the Village of Downers Grove Standards for the Construction of Facilities on the Public Rights-of-Way (Project Lightspeed) Sponsors: Manager’s Office Summary of Item: This sets forth standards for the construction of facilities on the public rights-of-way.

A RESOLUTION ADOPTING THE VILLAGE OF DOWNERS GROVE STANDARDS FOR THE CONSTRUCTION OF FACILITIES ON THE PUBLIC RIGHTS -OF-WAY

RESOLUTION 2007 -108 Commissioner Waldack said this and the next two items involve Project Lightspeed, which is an AT&T project. It is unfortunate that the only thing the State legislature did this year was approval of the AT&T changes to the cable service. He urged people who have complaints to contact the State legislature. This item mirrors what happened downstate and he will support this. He said the Village has received many concessions and noted that this is the best possible deal. There will be competition. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Cable TV

ORD00 -03038 B. Ordinance: Impose a Cable/Video Service Provider Fee and PEG Access Support Fee Sponsors: Manager’s Office Summary of Item: This establishes cable/video service provider fees and PEG access support fees.

AN ORDINANCE IMPOSING A CABLE /VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE

ORDINANCE NO . 4920 A motion was made by Commissioner Durkin, seconded by Commissioner Beckman, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Cable TV

ORD00 -03050 C. Ordinance: Provide for Cable/Video Consumer Protection Sponsors: Cable TV Summary of Item: This establishes consumer protection standards expected from cable/video service providers.

AN ORDINANCE PROVIDING FOR CABLE /VIDEO CONSUMER PROTECTION

ORDINANCE NO . 4921 A motion was made by Commissioner Beckman, seconded by Commissioner Schnell, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Cable TV

ORD00 -03040 D. Ordinance: Rezone Property Located at 4900-4940 Belmont Road from R-4, Single Family Residential, and R-6, Multiple Family Residential, to B-2, General Retail Business District Sponsors: Community Development and Plan Commission Summary of Item: This rezones the property located at 4900-4940 Belmont Road from R-4 Single Family Residential & R-6 Multiple Family Residential to B-2 General Retail Business District.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, CODIFIED AS CHAPTER 28 OF THE DOWNERS GROVE MUNICIPAL CODE , AS AMENDED TO REZONE PROPERTY LOCATED AT 4900 -4940 BELMONT ROAD Commissioner Neustadt moved to adopt “An Ordinance Amending the Comprehensive Zoning Ordinance of the Village of Downers Grove, Illinois, Codified as Chapter 28 of the Downers Grove Municipal Code, as Amended to Rezone PropertyLocated at 4900-4940 Belmont Road,” as presented. Commissioner Beckman seconded the Motion.

Commissioner Schnell said that she would vote no for all four items related to this. She is not opposed to the underpass and hopes it will actually occur. She will vote “nay” however because of her concerns with the safety at Haddow and Belmont, and concerns as to whether funding will be for more than just parking lots. The County has approved a stop light at Haddow and Belmont, but there is no timetable. With the addition of the parking lot at Haddow and Belmont there will be a safety issue in her opinion, not only to pedestrians but to others in that lot. Belmont is an extremely busy lot and it is difficult to get across. Her “nay” vote will be in part due to the safety issue, but more so because of her concern that the parking lots will go in and they will not see the underpass because funding is not currently in place.

Commissioner Waldack said that this has been a very long journey and half of the Council wasn’t on the dais when this discussion started. He said that they cannot go back and change things that have already occurred, and they need to move forward. He supports the underpass. He agrees it is a safety issue. He also has lots of concerns but he will support this measure. The Village is not funding this but it is putting in the land. The Village has a large investment in this in terms of its property. Commissioner Waldack said he will do his best to see that this proceeds to the benefit of the entire community.

Commissioner Tully said that this item and the following items are not critical to the grade separation project. He indicated that this refers to rezoning property to support a parking lot that would service a grade separation project. The Commissioner said that a lot can be tolerated as long as the Village gets the grade separation project. He noted that the Village has been asked to exercise its eminent domain powers, He said if the Village rezones this property to support a parking lot, he does not want to see the Village in a position to support this without a guarantee for the completion of the grade separation project. He commended the Village Attorney for reviewing this and adding language to the Ordinance, but he does not see that an adequate measure has been brought forward as yet. This has gone to the Plan Commission and been documented. He pointed out that the Council does not have to pass this tonight and can wait until a better idea is given as to whether or not this project is actually going forward. All the work has already been done.

The Manager said that technically that is correct, but in the spirit of cooperation to the five-party agreement, not voting on this could be perceived as a lack of commitment and hinder distribution of the funds.

Commissioner Tully said he is dissatisfied with the protections available to the Village and doesn’t want to go through the process and end up with just a parking lot. He would be in favor of tabling this to a date uncertain or to a shorter period.

Village Attorney Petrarca said they could table all or one of these items.

Deputy Village Manager Fieldman said that he is in receipt of 100% construction plans from Metra for review and approval. One of the clauses in the 2002 Intergovernmental Agreement is that each party has 60 days to review the plan or they are deemed approved. He said that there is some connection with the rezoning and the approval of the 100% construction plan for the entire project. Delaying the vote could also delay the bidding process and construction of the entire project.

Commissioner Tully said he does not think that a one-week delay will have a significant effect, and could be used to obtain whatever further information can be provided.

Commissioner Tully moved to table the rezoning and the Plat of Consolidation for Belmont and Haddow for one week. Commissioner Durkin seconded the Motion.

The Mayor called for discussion on the Motion to table for one week.

Commissioner Schnell said they would also have to table the final plat for Belmont and Haddow.

Commissioner Beckman said they have Workshopped this and had a lot of discussion concerning it. He is concerned about taking a step back at this point, asking what has happened to put Commissioner Tully and others in this position.

Commissioner Waldack said he supports tabling this for one week. They are rezoning the properties to B-2 zoning. He noted that these parcels have easements.

The Mayor said he does not like this and will not support it. The die is cast and this Council has no other vote than to implement what has been put on its plate. The time for this underpass was ten or twenty years ago. Now ,we are on the brink of getting something done. He reiterated that the Village is not a partner in the financing of this. The Village has acquired the real estate as its responsibility, and it is also the Village’s responsibility to rezone the property as indicated in its Intergovernmental Agreement. He does not like being perceived as a non-paying partner that is now is causing the slowdown. He thinks the proposed tabling of this item is a bad policy and sends a bad message to all the parties involved, especially those agencies who are providing funding. The underpass is obviously very much needed in this community.

Commissioner Tully disagreed with the Mayor’s comments saying that the parties holding the purse strings have delayed this project. The delays are from sources that he sees outside of the Village’s control. The Village is not delaying the project, but perhaps delaying the staging for the construction of the parking lot. He said he is asking for one week to protect the residents and put a mechanism in place to accomplish the speedy construction of the grade separation project and protection of the residents. He only learned of possible protections available today.

Commissioner Schnell asked whether there was a perception that this would be enacted tonight. Mr. Fieldman said that they did expect a vote; however, he said that one-week would not affect the activities. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Table to a Date Certain this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman and Commissioner Neustadt Nay: Mayor Sandack Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass, Rezone 4900-4940 Belmont - R-4 & R-6 to B-2

ORD00 -03039 E. Ordinance: Authorize a Front Yard Setback Variation for the Property Located at 5005-5009 Belmont Road Sponsors: Community Development and Plan Commission Summary of Item: At their meeting of October 1, 2007, the Plan Commission recommended that a 22.73 foot front yard setback variation be granted in lieu of the 25 foot front yard setback requirement for the property located at 5005-09 Belmont Road.

AN ORDINANCE AUTHORIZING A FRONT YARD SETBACK VARIATION FOR THE PROPERTY LOCATED AT 5005 -5009 BELMONT ROAD

ORDINANCE NO . 4922 Commissioner Schnell noted that this parcel is at the corner of Belmont and Curtiss Street so it does not affect the parking lot. Mr. Fieldman said that this item affects the southeast portion of the site, but affects the parking lot as planned. A motion was made by Commissioner Durkin, seconded by Commissioner Beckman, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Nay: Commissioner Schnell Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass, Variation – 5005-5009 Belmont Road

RES00 -03041 F. Resolution: Approve the Final Plat of Consolidation for Belmont Road and Haddow Avenue Sponsors: Community Development and Plan Commission Summary of Item: At their meeting of October 1, 2007, the Plan Commission recommended approval of the Final Plat of Consolidation for Belmont Road and Haddow Avenue.

A RESOLUTION APPROVING THE FINAL PLAT OF CONSOLIDATION FOR BELMONT ROAD AND HADDOW AVENUE Tabled for one week as per vote on Item ORD 00 -03040, Ordinance to Rezone Property located at 4900-4940 Belmont Road. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Table to a Date Certain this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman and Commissioner Neustadt Nay: Mayor Sandack Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass, Consolidation Plat

RES00 -03042 G. Resolution: Approve the Final Plat of Consolidation for Belmont Road and Hitchcock Avenue Sponsors: Community Development and Plan Commission Summary of Item: At their meeting of October 1, 2007, the Plan Commission recommended approval of the Final Plat of Consolidation for Belmont Road and Hitchcock Avenue.

A RESOLUTION APPROVING THE FINAL PLAT OF CONSOLIDATION FOR BELMONT ROAD AND HITCHCOCK AVENUE

RESOLUTION 2007 -109 A motion was made by Commissioner Beckman, seconded by Commissioner Waldack, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Nay: Commissioner Schnell Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass, Consolidation Plat

MOT00 -03043 H. Motion: Remand to Plan Commission the Rezoning of 401-406 Lynn Gremer Court and 6568 Fairview Avenue from R-3, Single Family Residential, to R-5A, Townhouse Residence District Sponsors: Community Development and Plan Commission Summary of Item: This remands the rezoning petition of 401-406 Lynn Gremer Court and 6568 Fairview Avenue to the Plan Commission for further discussion. Commissioner Tully moved to table to a date uncertain this item and the next, Item MOT 00-03044, Motion to Remand to Plan Commission a Preliminary Planned Development Amendment to Planned Development #32 to Permit Construction of Four (4), Two-Story Senior Citizen Apartment Buildings for the Property Located at 401-406 Lynn Gremer Court and 6568 Fairview Avenue. Commissioner Durkin seconded the Motion.

Commissioner Tully said that the petitioner is asking for more time to obtain more information and to work with the neighborhood. It is their petition. This may still go back to the Plan Commission. There will be no substantive action on this item until it comes back to the Council. He said he thinks the Council should afford the petitioner time to do the necessary work.

Commissioner Schnell said that in the residents’ minds there is a difference between tabling and remanding, that going back to the Plan Commission gives the residents the opportunity to discuss this again. She has mixed emotions about this. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Table Indefinitely this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Commissioner Neustadt Nay: Commissioner Schnell, Commissioner Beckman and Mayor Sandack Indexes: Rezone 401-406 Lynn Gremer Court – R-3 to R-5A, Rezone 6568 Fairview – R-3 to R-5A, Planned Development #32 – Fairview Baptist Home

MOT00 -03044 I. Motion: Remand to Plan Commission a Preliminary Planned Development Amendment to Planned Development #32 to Permit Construction of Four (4), Two-Story Senior Citizen Apartment Buildings for the Property Located at 401-406 Lynn Gremer Court and 6568 Fairview Avenue Sponsors: Community Development and Plan Commission Summary of Item: This remands the petition for a preliminary planned development amendment to Planned Development #32 to the Plan Commission for further discussion. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Table Indefinitely this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Neustadt and Mayor Sandack Nay: Commissioner Schnell and Commissioner Beckman Indexes: Planned Development #32 – Fairview Baptist Home

ORD00 -03045 J. Ordinance: Approving a Final Planned Development Amendment to Planned Development #32 to Permit an Interconnecting Four-Story Skilled Nursing Building & Assisted Living Building and a Four-Story Independent Living Building Sponsors: Community Development and Plan Commission Summary of Item: At their meeting of October 1, 2007, the Plan Commission recommended to approve a final planned development to Planned Development #32 to permit an interconnecting four-story skilled nursing building & assisted living building and a four-story independent living building.

AN ORDINANCE APPROVING A FINAL PLANNED DEVELOPMENT AMENDMENT TO PLANNED DEVELOPMENT #32 TO PERMIT AN INTERCONNECTING FOUR -STORY SKILLED NURSING BUILDING & ASSISTED LIVING BUILDING AND A FOUR -STORY INDEPENDENT LIVING BUILDING

ORDINANCE NO . 4925 A motion was made by Commissioner Durkin, seconded by Commissioner Beckman, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Planned Development #32 – Fairview Baptist Home

ORD00 -03046 K. Ordinance: Provide for Permit Parking Late Fees Sponsors: Manager’s Office Summary of Item: This establishes provisions for permit parking late fees.

AN ORDINANCE PROVIDING FOR PERMIT PARKING LATE FEES

ORDINANCE NO . 4923 A motion was made by Commissioner Beckman, seconded by Commissioner Schnell, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Parking Permits

ORD00 -03047 L. Ordinance: Make Certain Technical Amendments to the Downers Grove Municipal Code Sponsors: Village Attorney Summary of Item: This makes certain technical amendments to the Village Code.

AN ORDINANCE MAKING CERTAIN TECHNICAL AMENDMENTS TO THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4924 A motion was made by Commissioner Schnell, seconded by Commissioner Waldack, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Technical Amendments

8. Mayor’s Report

Materials to be Received

Materials to be Placed on File

9.Manager’s and Directors’ Reports

The Manager asked what information is to be provided by staff regarding Belmont Avenue. Commissioner Tully said he will follow up with staff.

Robin Weaver, Interim Director, Public Works, summarized the brick streets reconstruction project, which began in July 2007. An error was made by the contractor and Middaugh is one foot narrower than planned. Before the mistake was discovered, all curb and gutter had been installed. The resulting street is a safe width and will not be altered. The total amount for materials has been re-estimated at an $18,000 deduction. The pavement is 27’ and conveying stormwater should not be affected. Staff has accepted this, and will review the recourse with the contractors. She added that with regard to parking, staff does not expect parking regulations to change.

10. Attorney’s Report

Waive the One-Week Waiting Period to Consider New Business

Village Attorney Enza Petrarca asked the Council to consider waiving the one-week waiting period to consider new business with respect to a bid for Lot I parking lot improvements and a resolution for a professional services agreement with Northern Trust Corporation. She noted that the motion with respect to Green Acres Subdivision has been withdrawn from the agenda.

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

VOTE : YEA : Commissioners Tully, Durkin, Beckman, Neustadt, Waldack, Schnell; Mayor Sandack

NAY : None

Mayor Sandack declared the Motion carried.

BID00 -03051 Bid: Award $134,552.95 to Construction Management d/b/a Briggs Paving, Bolingbrook, IL, for Lot I Parking Lot Improvements Sponsors: Public Works Summary of Item: This authorizes execution of a contract between the Village of Downers Grove and Construction Management d/b/a Briggs Paving for Lot I parking lot improvements. A motion was made by Commissioner Tully, seconded by Commissioner Neustadt, to Approve this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Parking Lots

RES00 -03053 Resolution: Authorize a Professional Services Agreement with Northern Trust Corporation of Chicago, Illinois, for Financial Advisory Services Sponsors: Manager’s Office Summary of Item: This authorizes execution of a professional services agreement with Northern Trust Corporation of Chicago for professional financial advisor services.

A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND NORTHERN TRUST CORPORATION OF CHICAGO

RESOLUTION 2007 -110 Commissioner Durkin noted that there were no other competitive bids and asked why. The Mayor said it was because they had to have this ready by November 20. Commissioner Durkin said they have PMA as a financial advisor and he wondered why there was no comparison.

The Manager said this was brought up at the October 20 meeting. They have the ability to bring in Northern because they have bonding experience with the Village. She said that they cannot complete the bidding process prior to the budget approval. Northern Trust was not included in the bid with PMA due to the wishes of the previous Mayor.

Commissioner Durkin said that this is a large project and it bothers him that this is not put out to bid. He is concerned about them controlling the entire amount of funding. He doesn’t understand the previous Mayor asking them not to bid.

Commissioner Waldack expressed concerns about spending $10,000 for 20 hours of work, but he met with the Village Manager and he is comfortable that this is the maximum amount. He did not want a repeat of receiving a report that he could have written in college. This is not a one-year deal, and he is confident with moving ahead with this.

Commissioner Schnell asked the Village Manager if this includes building needs. Manager Pavlicek said that they will provide a compete picture of the needs over the ten years which will include building needs.

Commissioner Durkin said that this is not just for $10,000. If the Village decides to utilize them outside their presentation on November 20, they will be paid for whatever else they do. The Manager said that there are different fees for the bonds.

Mayor Sandack said that they are making no commitment other than to get information. He said they could have gone out to competitive bid, however, staff was asked to move quickly. It was in the Manager’s authority to put it on the Agenda, and he will support this. A motion was made by Commissioner Schnell, seconded by Commissioner Neustadt, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Financial Advisor and Bond Counsel Services for Phase 3 Bond Issue

MOT00 -03055 Motion: Award a Contract for the Completion of Certain Public Improvements for the Green Acres Subdivision Sponsors: Deputy Village Manager Summary of Item: This authorizes execution of a contract between the Village of Downers Grove and Elite K.K. Excavating in the amount of $188,750 for certain public improvements for the Green Acres Subdivision. Attorney Petrarca noted that this item has been withdrawn. Indexes: Subdivision – Green Acres of Downers Grove

11.Council Member Reports and New Business

Commissioner Beckman commented on the Pancake Breakfast at Ballydoyle’s for Helping Girls Navigate Adolescence. He said this was an extraordinarily beneficial time for him, discussing the issue with members of the organization. He passed out pancakes together with Bob Gelwicks and they discussed many different items including Lyman Woods. He expressed a desire to convene some type of meeting with representatives of the Village, the Park District and the Forest Preserve, and Commissioner Beckman said he shared that information with the Mayor.

Commissioner Schnell asked whether staff needs any further direction regarding Blodgett House. The Manager said they don’t need further direction.

Commissioner Waldack expressed condolences to the family of Corp. Joseph Stevenson III who passed away while in the service. He expressed his appreciation for his service to the Country.

The Mayor passed Village-wide condolences to the family of Joseph Stevenson III who passed away. He was a fine upstanding man.

Mayor Sandack then announced that it was Commissioner Beckman’s birthday and wished him a Happy Birthday.

The Mayor then announced that Stillwater Restaurant has opened and the owners are residents of the Village. He encouraged residents to check the restaurant out.

Mayor Sandack said that Good Samaritan Hospital had an event honoring two emergency room physicians last Saturday for their work. He also said that the Pancake Breakfast was a good event, as was the downtown Halloween window-painting event.

12. Adjournment

Commissioner Tully moved to adjourn. Commissioner Durkin seconded.

VOTE : YEA – Commissioners Tully, Durkin, Beckman, Neustadt, Waldack, Schnell, Mayor Sandack

Mayor Sandack declared the motion carried and the meeting adjourned at 9:50 p.m