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May 15, 2012

1. Call to Order

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

2. Roll Call

Present: Commissioner Marilyn Schnell, Commissioner Bob Barnett, Commissioner William Waldack, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt and Mayor Martin Tully  Absent: Commissioner Sean P. Durkin and Village Attorney Enza Petrarca  Non Voting: Village Manager David Fieldman, Village Clerk April Holden and Staff Attorney Dawn Didier  T he 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 of a general matter.  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.  Finally, an opportunity is given for public comments and questions on items appearing on the Consent Agenda, the Active Agenda and the First Reading.

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 Tully 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 Council Meetings

Council Meeting - May 8, 2012  Long Range Financial Planning Session - May 8, 2012 M ayor Tully asked for a Motion to approve the minutes as submitted.

Commissioner Schnell moved to approve the minutes as presented.  Commissioner Barnett seconded the motion.

The Mayor declared the Motion carried by voice vote.


Mayor Tully proclaimed May 13-19, 2012 as Public Works Week in the Village of Downers Grove and encouraged citizens to acquaint themselves as to the workings of the Village Public Works Department.

Mayor Tully proclaimed May 13-19, 2012 as Police Week in the Village of Downers Grove, commemorating police officers, both past and present in recognition of their dedication to public safety.

4. Public Comments - General Comments on Matters Not Appearing on Tonight's Agenda

Michael Cassa, President, Economic Development Corporation (EDC), announced that next week is the International Council of Shopping Centers show in Las Vegas, with national commercial developers and retailers.  Mr. Cassa has attended this event for 14 years and will meet with developers and retailers to inform them about the benefits of coming to Downers Grove.

Chandratilaka Wijekoon, 6230 Belmont Road, commented that he is not sure it is a good idea to build up to an already congested area. He referred to Mr. Cassa's announcement, saying it is not a good idea to destroy the neighborhoods.  It is a nice area now.  He doesn't want neighborhoods to be damaged.  He thinks that Council is out of touch with the residents of Downers Grove.  He does not understand why we should do that kind of thing, going to Las Vegas to attract more businesses.  We should keep the businesses we have.  The Village is up to the limit right now.

Mayor Tully said that economic development is not stagnant.  If we do not go forward we cannot keep the economic base as vital as possible.  The Mayor said that the Village must be proactive and maintain what we have.  Economic development is a cornerstone of the Village's Long Range Strategic Plan.  There is a lot of competition, and if the Village does not work hard businesses will go elsewhere.  

5. Public Hearings

Electrical Aggregation Program - Plan of Operation and Governance M ayor Tully called the public hearing to order at 7:05 p.m. pursuant to the Illinois Power Agency Act to consider the proposed plan of operation and governance for an electrical aggregation program of the Village of Downers Grove.  Notice of this hearing was published in the Downers Grove Reporter and a copy of the notice and the proof of publication have been presented and are made a part of the official record of this hearing.

The Mayor summarized the procedures to be followed for the public hearing.

Mr. Fieldman introduced Allison Deitch, Management Analyst and Project Manager for the Aggregation Program, to present the Plan of Governance.

Allison Deitch said that this is the second of two required public hearings.  She summarized the key points of the aggregation program.  She also provided an update on the process, including a partnership opportunity and an update to the schedule for the remainder of the process.

Ms. Deitch said municipal aggregation is a program that allows municipalities to arrange for lower electricity supply prices on behalf of their residents.  Because electricity is a deregulated utility, ComEd customers are free to purchase the supply of their electricity from an alternative supplier. This supply component is approximately 60% of the average customer's bill. In an aggregation program, the municipality uses the economies of scale to seek an even lower price than an individual could arrange in the market.

The Village received authorization to implement an aggregation program through the March 20 referendum. We will seek competitive pricing for electricity supply. While ComEd will still be responsible for distribution, Downers Grove residents and eligible small businesses will pay lower electricity bills. It is important to note that any customer that does not wish to be included in the program will have the opportunity to opt out before the new contract goes into effect.

Ms. Deitch then summarized the Plan of Operation and Governance, which is required under State law.  The plan reflects the feedback received from the community during the education process for the referendum as well as what were found to be the best practices and lessons learned from other communities that have implemented aggregation programs.

Among other things, the Plan of Governance describes the requirements that eligible suppliers will have to agree to meet in order to be considered for the contract. This plan ensures that suppliers know upfront the conditions of supplying electricity to our residents. Additionally, this plan allows us to set conditions that will protect our residents and ensure a transparent and effective opt-out process.

It also describes the eligible categories of customers. For example, we expressly identify those who cannot be included in the program and those who will not be included because they will not see savings.

Based on the feedback from the May 1 Public Hearing, some small changes have been made to the Plan of Governance, which was updated last week on the Village's website.

The period for residents to opt out of our program has been increased from two weeks to three weeks.

And, the language that refers to renewing the contract was revised so that the supplier has to provide the best rate rather than just beat ComEd's rate when the intitial term ends.

Ms. Deitch said an RFP will be issued this week.  In June, the Council will review the suppliers and determine whether to solicit a rate that includes renewable energy credits.

Chandratilaka Wijekoon, 6230 Belmont, asked as to the rates.

Mayor Tully said that the Village is waiting for responses to the RFP to come back to the Village.

Ms. Deitch said that the rates are obtained through the competitive bid process.  Other communities have seen savings of 15%-30%.

The Mayor said the actual number will be based upon the bids that are received.

Stacey Salman, 4945 Highland, said this is an important issue and she appreciates that the Council is keeping this conversation going.  She said that this issue is about supporting a market, and creates a demand in the industry.  She added that the discussion goes back to lower or lowest price.  She said that the residents were never given a figure and rates were never provided when residents were asked to vote on this.  She said she is glad Downers Grove is continuing the discussion.

Mayor Tully asked the Council for any statements.

Commissioner Neustadt asked whether Westmont would go along with the Village's changes.

Village Manager Dave Fieldman replied that Westmont is tracking the same, but there is the option to go separately.

Commissioner Waldack said that when the Village decides on the rates, residents could still opt out.  He noted that this only applies to Village residents, and not to those residing in unincorporated areas.

Commissioner Schnell asked, when the Village goes out for bids, if they will ask for increments of 6%-25%-50%-75%-100% renewable energy credits.  Ms. Deitch said that they will.

Commissioner Neustadt added that anyone can opt out of their current supplier.

Mayor Tully said that as an individual, you don't have the purchasing power of a municipal option.

Commissioner Rheintgen clarified that the percentages renewable means the Village will buy renewable energy credits, and it doesn't mean that the Village will have wind turbines.  Ms. Deitch said that was correct.

There being no further discussion, the public hearing was adjourned at 7:23 p.m.

6. Consent Agenda

COR 00-04902 A.  Claim Ordinance:  No. 5949, Payroll, April 20, 2012

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL 00-04903 B.  List of Bills Payable:  No. 5978, May 15, 2012

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID 00-04860 C.  Bid:  Award a Three-Year Contract Not to Exceed $30,000 to Superior Road Striping, Inc., Melrose Park, IL, for 2012-2014 Thermoplastic Pavement Marking

Sponsors: Public Works

Summary of Item: This is a three-year contract in the amount of $93,475. A motion was made to Approve this file on the Consent Agenda. Indexes: Pavement Marking

BID 00-04895 D.  Bid:  Award $552,129.61 to DiNatale Construction, Inc., Addison, IL, for 2012 New Sidewalk Installation Program

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Sidewalk Construction

RES 00-04904 E.  Resolution:   Authorize the Sale of Personal Property Owned by the Village of Downers Grove  

Sponsors: Public Works



RESOLUTION 2012-37 A motion was made to Pass this file on the Consent Agenda. Indexes: Surplus Property

MOT 00-04894 F.  Motion:  Authorize an Agreement with Cole Taylor Bank for 2012-2015 Banking Services

Sponsors: Finance A motion was made to Authorize this file on the Consent Agenda. Indexes: Banking Services

MOT 00-04907 G.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Finance & Administrative Committee - May 11, 2011

Liquor Commission - March 1, 2012

Plan Commission - March 26, 2012; April 2, 2012 A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

 A motion was made by Commissioner Schnell, seconded by Commissioner Barnett, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully

7. Active Agenda

ORD 00-04905 A.  Ordinance:  Authorize Aggregation of Electrical Load and Adopt an Electric Aggregation Plan of Operation and Governance

Sponsors: Manager's Office

Summary of Item: This authorizes the aggregation of electrical load and adopts an electric aggregation plan of operation and governance.




ORDINANCE NO. 5263 A motion was made by Commissioner Schnell, seconded by Commissioner Barnett, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Electrical Aggregation

ORD 00-04901 B.  Ordinance:  Authorize the Sale of Surplus Real Estate (5237 Benton Avenue)

Sponsors: Village Attorney

Summary of Item: This authorizes the sale of surplus real estate commonly known as 5237 Benton Avenue, pursuant

to Section 2.36 of the Downers Grove Municipal Code.




ORDINANCE NO. 5264 C ommissioner Barnett commented that staff has spent time looking for opportunities for savings and to adjust on the fly, and it has resulted in millions of dollars in savings.  There was an article about the Village losing $260,000 on this particular piece of property.  Commissioner Barnett said he would have said that the Village saved $205,000, as the property was originally slated for demolition.  It was purchased for $460,000 for detention purposes.  The sale of the property results in a savings over the initial projection and puts the property back on the tax rolls.   It will be sold to Oakley Builders. Their bid was was the highest of three received.  The house will be sold for less than paid, but there are many benefits.  The Commissioner said that Village staff works on behalf of the residents of the Village and staff did a great job on this project.

Mayor Tully commented that had he written the headline it would have read, "Much Needed Stormwater Project Comes in Under Budget by $729,000."  This property was purchased for stormwater detention, but because it wasn't all needed due to staff's ingenuity, the Village was able to sell it.  He was disappointed by the headlines on this issue suggesting that the Village lost money, because that was not correct.   A motion was made by Commissioner Barnett, seconded by Commissioner Neustadt, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Village Property - Sale of

ORD 00-04890 C.  Ordinance:  Authorize a Special Use to Permit the Construction of Three Principal Buildings on a Single Lot at 2300 Wisconsin Avenue  

Sponsors: Community Development and Plan Commission

Summary of Item: This authorizes a special use to permit the construction of three principal buildings on a single

lot at 2300 Wisconsin Avenue.




ORDINANCE NO. 5265 A motion was made by Commissioner Neustadt, seconded by Commissioner Rheintgen, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Special Use - 2300 Wisconsin Avenue

MOT 00-04900 D.  Bid:  Award $453,620 to Swallow Construction, Inc., Downers Grove, IL, for Oakwood Avenue Storm Sewer Replacement

Sponsors: Public Works

Summary of Item: This awards a contract for the Oakwood Storm Sewer Replacement Project to Swallow

Construction, Inc. in the amount of $453,6620.00. C ommissioner Waldack noted that the Village instituted a report card process several years ago to help evaluate performance of companies.  It would also serve as a reference to inquiries about contractors outside the Village.  The majority of reports are positive and some are neutral.  In this case, this is probably the worse report card that he has seen.  It may be easy to low bid when they come back with change orders.  There were also negative comments on customer interface and timeliness.  If this were someone working on his home he wouldn't let them come back.  He would not do this with his money, nor on behalf of the Village.  The second bidder may cost more but may do better work. He said that you must do good work or you will not be invited back.  He will not support this contract.

Commissioner Schnell commented that she has many of the same concerns as Commissioner Waldack.  The references of the second bidder are superb.  She still has serious concerns about Swallow but trusts that staff will supervise them, and she will vote for this with reservation.  She asked staff to keep an extra eye out.

The Mayor said that this demonstrates how well the report card system works.  It is important because you want the lowest, responsible bidder.  The spread between the lowest bidder and the second lowest is over $80,000.  He noted that the Village learned, since last week, that the construction crew at Swallow is under new management and has received better references from other communities including Naperville, Mount Prospect and others.  Those communities have indicated that they would hire them again.  The vendor is duly warned.  He is comfortable in going forward with this.  He thinks the report card system has done its job.   A motion was made by Commissioner Rheintgen, seconded by Commissioner Barnett, to Award this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Nay: Commissioner Waldack  Indexes: Storm Sewers

8. First Reading

 Mayor Tully explained that the items under First Reading will not be voted on this evening but are matters of discussion.

ORD 00-04785 A.  Ordinance:  Annex 2134, 2136, 2138 & 2140 63rd Street and 6298 Woodward Avenue to the Village of Downers Grove, Illinois

Sponsors: Community Development and Plan Commission

Summary of Item:   M r. Fieldman said that the first four items on the Agenda concern a proposed Walgreens at the northwest corner of 63rd and Woodward.  He asked Community Development Director Tom Dabareiner to make the presentation.

Tom Dabareiner, Director, Community Development, explained that this is a continuation of a First Reading held in February.  He said it covers Items A-D, and he would discuss changes made since that meeting.  The petitioner has since submitted revised plans showing a right-in/right-out on 63rd Street, and a one-lane in/one-lane out on Woodward.    He displayed an overhead view of the site under discussion.  The site plan shows the new landscaping, as well as an extension of the lane on 63rd Street.

Mr. Dabareiner explained that a consultant did a sight distance study and there is more than adequate distance for safe stopping.  He showed various views of the site with the 290' stopping distance that is provided where 190' is required.

Regarding the Kane-DuPage Soil & Water Conservation Report, Mr. Dabareiner said that for those who see these reports on a daily basis, the wording is often second nature.  Words such as "not suited"... "unless concerns are addressed" are words he wants to discuss. The conclusions of the report in no way indicate the impossibility of a certain land use.  Some of the concerns brought up were stormwater management, sediment and erosion control, environmental permits and building characteristics.  Mr. Dabareiner said that these are comments that staff sees all the time.  All of these requirements are covered by existing Village development regulations and building codes.  There is rarely anything that comes up in these reports that the Village's existing regulations do not already address.

Mr. Dabareiner said staff recommends restricting the commercial use to retail pharmacy or drive-through; restricting the development to the site plan; establishing a restricted left turn on Woodward; limiting the hours of operation from 10:00 a.m. to 10:00 p.m.; and providing screened rooftop mechanicals.   He said that several representatives from the developer were present at the meeting to address any other questions as well.

Mayor Tully opened the meeting to comments from the public, asking that they keep their comments to less than five minutes and to try not to repeat what has already been said.

1.     Patti Gruber, 6216 Pershing, presented the Council with a petition containing 1,030 signatures, as well as an on-line petition containing 245 names and 47 comments.    She noted that this is the fourth time she is presenting comments.  Ms. Gruber said that she hears that the Comprehensive Plan is a guide.  It is obvious to her that the Plan Commission rejected the proposal almost unanimously because they were following the guidelines of the Comprehensive Plan.  Ms. Gruber said that they took into consideration low-intensity commercial, such as medical, dental, legal or accounting uses.  Low intensity offices were determined appropriate for this location.  Walgreens, a retail store, would exceed the volume of recommended parking.  She then showed photographs of the office building at Hobson Road and Route 53, and the building at Belmont and Maple as low intensity commercial.  The buildings look like homes and blend into the neighborhood.

Ms. Gruber then referenced the lighting and hours of operation, saying that the Walgreens would be open until 10:00 p.m.  Walgreens' retail characteristics do not fit with low intensity office uses.  She noted that the property is still in litigation over one of the pieces of property and there is no knowledge when that litigation will be concluded.  No amount of special use conditions will make this into a low intensity use.

Ms. Gruber commented that the majority of the homes on 63rd Street were built in 1962, and most of the residents have lived in the area for 25-40 years.  She does not want to see commercialization of this neighborhood.  If Walgreens is allowed to be built, it will open the door to more commercialization of this type of retail business.  It will directly and negatively impact the value of the surrounding homes.  The risk and loss of 25% value of homes is not acceptable.  She asked who would compensate the residents for those losses, as home and property are the biggest investments most people will make in their lifetime.  Ms. Gruber said it is also disconcerting that someone outside of their neighborhood can decide what happens to the life of the residents, as they know it.  If the Walgreens proposal is denied the Village will still receive tax dollars.  If it is approved, it will permanently alter the area negatively.  Since it is known that the Council wants commercial on the north side of 63rd Street, she said she would prefer to see low intensity building, and she asked that the Council reject this proposal from Walgreens. She believes that the Council and residents can find a better use for the neighborhood.

Mayor Tully asked the public to refrain from applauding.  He then asked the name of the realtor who provided the information on the loss to home values.   Ms. Gruber said she did not have it available but would contact her neighbor to obtain that information.

2.     D'Anne Gordon, 6237 Pershing Avenue, said that the proposed development by Walgreens would be 250' from her back yard.  She thanked the Village for meeting with the residents over the past few days.  She noted that the double turn onto 63rd Street has not been sufficiently addressed.  She referred to an accident that occurred last week and wants this to be reconsidered.  People ignore signage and speed limits.  Ms. Gordon said people know the length of time of the light and go faster than the 25 mph speed limit.  The proposal will directly and adversely affect her property.  She understands commercial development; however, she believes a different type of business would be a more appropriate fit.  It is not conducive to a neighborhood.

3.     Michelle Schelli, 6215 Pershing, expressed concerns with the process the Village is taking to consider the Walgreen proposal.  She referenced a packet she made available to the Council with Exhibits A-D.  She indicated that she would go through each of the Exhibits in the packet as they relate to her concerns.

Exhibit A is a memo to the Plan Commission from Jeff O'Brien dated January 9, 2012, which states that the proposal is consistent with the Village's Comprehensive Plan.  Ms. Schelli asked that all staff opinions as to how this is consistent, as well as rules of government and any other support data used to evaluate the proposal be made available.

Exhibits A-1 and A-2 relate to an email communication dated December 16, 2011 from Vince Rogers, Regional Manager for Walgreens who stated that with regard to deliveries, Walgreens only uses day cabs from their local delivery outlet of distribution centers.  He mentioned trucks 48' in length, and Ms. Schelli questioned the specifications of delivery trucks 48' in length, whether they will adhere to these specifications, and the implications these vehicles will have on traffic flow.

Ms. Schelli referenced Exhibit A-3 regarding a Freedom of Information Request (FOIA) dated September 2011 from Mr. Dyder concerning a list of accidents and motor vehicle violations on Woodward between 61st Street and 63rd Street.  She asked whether there has been a follow-up by the Village of Dowers Grove Police Department or the DuPage County Sheriff's Office to this request, and if so what the results of that follow-up are. If there was no follow-up, she asked why it was not done.  She further requested data for accidents over a five-year period of time, and statistics regarding the number of citations given to delivery vehicles over that period of time.

Exhibit A-4 contains the weather report for December 9, 2011 and only contains information for that specific date in mid-winter.  She asked if any other dates have been researched, as Chicago winters tend to be difficult, as does spring rainfall.  She further inquired as to whether data has been researched for a period of five years regarding weather conditions, as well as soil erosion control.

Ms. Schelli then addressed Exhibit A-5, a report from the Metropolitan Water Reclamation District of Greater Chicago detailing steps for determining stormwater detention requirements.  She asked that the Village explain how this study can be in conflict with the suggested use of and specifications of the Kane-DuPage Soil and Water Conservation Land Use Sec. 11-048.  Ms. Schelli continued questioning whether Walgreens has chosen to seek the opinion of the Metropolitan Water Reclamation District of Great Chicago over the opinion of the Kane-DuPage Soil and Water Conservation Land Use specifications.  She asked for information as to how the Village bases its opinions in matters of this nature, and whether it follows the guidelines of DuPage County.  She also noted that the Village was recently placed under supervision of the County due to its improper management of the stormwater permit process, and is now released.  She indicated that it appears Walgreens admitted these conflicting reports in total disregard of the ramifications of faulty permitting without due proper diligence at all levels.  She also asked whether the Village of Downers Grove sees this as an opportunity to obtain additional revenue in blatant disregard of County ordinances governing stormwater management now that the County is not looking.

Ms. Schelli stated that the decision regarding this proposal should not be solely based on the opinions of members of the Council but should take into consideration members of the community whose homes and safety could be affected by their decision.  She encouraged the Council to investigate and comply with all prescribed rules and regulations instead of flagrantly disregarding these rules to add coin to their pockets.  She explained that she prepared various documents for the Council regarding Exhibits B-D showing watersheds, etc.  Ms. Schelli then left the podium to describe various displays of the area and explain them to the Village Council.

Mayor Tully responded to Ms. Schelli's comments that it is unfair to accuse someone to be in violation of rules and requirements when no one has suggested that rules not be followed.  Part of the condition of approval is that they must comply with all of the rules.  He has never heard anyone state any intention to disobey the rules.  He takes umbrage with the accusation that the Village Council, or staff has acted in blatant disregard of the rules.  He agrees that there are rules to be followed, and they will be followed.  He said to Ms. Schelli that she has basically accused the Village of cheating on a test that has not yet been taken.

Ms. Schelli responded that the fear is that there will be one fell swoop approval, and they are just learning as they go.  She said her comments were not personal.  The Mayor replied that it is hard not to take it that way.  Ms. Schelli said it is hard for the residents to implore that they don't care for this fit, and the Council does.  Mayor Tully explained to her that no one has voted on this yet.  She said that it is a scary thing.  The residents are trying to figure out if everything is going to be met, and they don't know.

Mayor Tully replied that he understands that because that is always the concern that's expressed, whether it's one neighbor building a garage or anything, they hear the same question.  "Is my neighbor going to meet the rules?"  He explained that it is the job of staff to make sure that the rules are followed.  He took issue with the implication that anyone is intentionally in violation of rules.  Ms. Schelli said that if the Council read the reports from 2011 then issues should have been addressed regarding the underground soil.  Mayor Tully replied that with regard to her concerns about the soil reports, these are engineering challenges.  Everyone is concerned that it is done right.

Ms. Schelli said if the Village followed the reports provided then a lot of time and work could have been eliminated in the beginning.  The Walgreens people should have done it.

4.     Liz Chaplin, 5623 Pershing Avenue, thanked the Council for their willingness to meet with and communicate with the neighbors.  She said that over the past six months neighbors of the area have been meeting with the proposed Walgreens.  They do not believe relocating a Walgreens is progress or beneficial to the neighbors.  She referenced the Comprehensive Plan and land uses, saying the Plan also consists of neighborhood commercial development.  Low intensity is the designated land use for the corner of 63rd and Woodward.  Neighborhood commercial development areas can be anchored by a grocery store or other small retails such as banks, restaurants, gas stations, etc.  Ms. Chaplin said the Plan also clearly shows a map of 63rd and Woodward as low intensity office.  It also addresses traffic, saying that residential neighborhoods are an asset, and non-local cut-through traffic is a threat to neighborhoods.  If the planners believe that the corner of 63rd and Woodward can handle the traffic increase, signage, lighting and traffic, the land use would be neighborhood commercial.  Also, in the past the Village denied the request for a Starbucks at the corner of 63rd and Leonard.  At a meeting in 2008 staff was encouraged to progress with the Comprehensive Plan.  The Future land Use Map shows the area as residential.  Looking at the Comprehensive Plan, everyone can see what the proposed use for this area is.  Walgreens does not fit the Comprehensive Plan.  The residents are concerned with comments made by Mr. Fieldman about the revenue generated by the proposed Walgreens.  The revenue would be minimal because the business is only replacing one store with another. However, revenue would increase because of annexation of the property.  Ms. Chaplin noted that annexing the homes in the area will enhance the Village's revenue base, and it appears that the Village will increase its revenue by annexing areas.  The residents have concerns about the Village annexing their properties.  She said that more than 2,000 people have signed the petition in opposition to Walgreens, and the Plan Commission also recommended denial of the plan.  She said that the Village has the opportunity to make the right decision.

Mayor Tully suggested that it would be helpful if people focus on the concerns they have with the specific project, and not comment on decisions made on unrelated matters, or accusations with respect to skirting the law.  He said the Council understands the feelings of the residents.  He would like to see the accusations eliminated.

5.     David Olsen, 5601 Dunham Road, said that he does not live in the area directly impacted by this.  He favors economic development in the community.  It is important to have a strong residential community, and a community that supports businesses.  There are times when there are residential interests and business interests.  He does not believe this Walgreens is a good idea.  It is a relocation of an existing business. This requires a special use permit.  In his mind a special use permit is issued where there are special circumstances where the use would bring demonstrable benefits to the community.  He believes they should be mindful of the Comprehensive Plan.  The key is to think of the development of the community.   Meadowbrook Shopping Center is challenged.  He wants to see it be a vibrant part of the community, and this Walgreens may detract from that goal.  It adds more commercial space, and more vacant space.  The special use precludes other businesses.  He doesn't think this is a good use of the land, and hopes the Council will uphold the recommendation of the Plan Commission.

6.   Marceline Ricker, 6120 Woodward, said that her main concern with this proposal is safety.  She asked that the site plan be shown and she noted that traffic at the hill on Woodward doesn't slow down.  She said 290 feet will not protect the children, and the down slope is a hazard, particularly during the winter weather.  Ms. Ricker said that this would not be progress or a good development.  There are too many things against it.

7.    Guy "Red" Brownson, 5904 Downers Drive, commented that his concerns are his constituents on the east side of Woodward.  They are opposed to this proposal.  The project comes up to the driveway at 6299 Woodward.  Mr. Bronson said that this would be a hindrance to neighbors due to traffic restrictions.

8.     Randy Owens, 5900 Pershing, asked about the truck traffic going through the parking lot.  He didn't see that addressed with the changes that were being recommended.

9.   Tracey Erickson, 5824 Woodward, said that traffic on Woodward is insane.  She invited the Council to spend a day on her street.  This development will invite more people to fly through the area.  She made a plea, as she doesn't feel the Council is part of her neighborhood.  This is being made to fit without concern for the residents.  There is no regard for the residents in this situation.  She has four children who ride the school bus.  There is no regard for the traffic coming over the hill. She worked hard and has been a good citizen, yet now the Village tells the residents that this is going to be done.

Mayor Tully responded that no one is cavalier about this.  Ms. Erickson said she is very fearful.  She feels they are being cavalier.

The Mayor said that there have been comments made about economic development and revenue.  He said they must understand what this is about.  Someone has purchased or has a contract to buy the land.  The land is not in the Village of Downers Grove.  Everyone has a right to acquire land and request a governing body to permit them to do something with it.  They have a right to ask.  The petitioner has a right to make the request and the Council is listening intently.  He asked that people not consider a smile on the dais as being cavalier.

Ms. Erickson said school buses are a concern to her.  She asked how they will get proper signage and coverage for the area children.  She's spoken with the Sheriff's office and no one will come out to address the situation.  She asked that they please consider homeowners' rights.

10.     Jim Gracey, 2151 Blanchard, said he has lived there 26 years and his concern is traffic.  He asked the Council if they've driven the area.  He suggested that they look at the streets, the existing Walgreens and the traffic.  People will be forced down Pershing and into neighborhoods.  It will happen even with a no left turn sign.  He asked that they thoroughly consider that aspect of the proposal.

11.     Chandratilaka Wijekoon, 6230 Belmont, commented that his concern is why they need another pharmacy.  There are pharmacies in Dominick's, Target, and in other areas.  There is no need for another pharmacy there.  He said that this is trying to push this into a place where they are not welcome.  He doesn't understand why they are even considering this.  The people are against this and it is not needed.  The key point is the people and what the people want.  This is something people do not need.  If you listen to all of the presentation and are still not convinced that Walgreens is not needed, just look at their faces and see the concern there.  It will be bad for the Village of Downers Grove.

12.     Violet Radwill, 5410 Grand Avenue, commented that she sees empty commercial buildings everywhere she goes in her job in home health care.  She said that we have a responsibility to the people of Downers Grove, not to the businesses.  She said they should listen to the people of Downers Grove.

13.     Patti Gruber, 6216 Pershing, addressed the Council again and discussed the preferred conditions if the Special Use for Walgreens were approved.  The following are the conditions:  1)    move the drive-through pharmacy lanes to face 63rd Street;  2)    the hours of operation will not be extended to 24 hours ever;  3)    instead of a cedar fence, residents would prefer to have a barrier wall to prevent noise and trash from invading the neighborhood.  It is aesthetically more pleasing to the eye.  She showed photos of a cedar fence at the existing Walgreens that she felt did not serve as a barrier wall, as well as photos of other Walgreens facilities.  4)    request a white elephant ordinance fee for blight that would occur as a result of closing the existing Walgreens.   She showed a photograph of a shuttered Walgreens.  5)    request an impact fee for increased law enforcement needs;  6)    request the right to have traffic calming devices/barriers to prevent cut-through traffic and signage.

There being no further questions or comments from the public, Mayor Tully asked the petitioner to discuss how truck traffic would navigate through the site.

Bob Hamilton, Chairman, Gewalt Hamilton Associates, said his firm is both a civil and traffic engineering firm.  He said that this is a site plan review, and this is not final engineering.  Mr. Hamilton said he worked with Village staff in the past and can attest that Village staff will enforce all ordinances.  With respect to DuPage County Stormwater Management Commission, he said DuPage County has one of the toughest ordinances in the State.

With regard to traffic, Mr. Hamilton said that the proposal is that all reasonable sized trucks such as tractor trailers would come in northbound on Woodward, make a left to the northern entrance, go to the loading dock and exit to the south by turning west.  As to the size of the vehicle, the standard delivery vehicle is about a 48' truck or smaller.  A 48' truck is called a "wheelbase 40" in the industry.  They tested such a truck through the site and it worked fine.  They also tested a "wheelbase 55" for comparison and it made it through the site as well.  As to the safety of the dual left turn movement, he stated that one of the improvements which the County has requested is to effectively add a third lane westbound within the recovery space of the dual left turning lanes.  As for truck sight distance and school buses, Mr. Hamilton said that nothing Walgreens is doing would change the icy conditions on the hill.  However, regarding sight distance on hills, the stopping distance would be double for trucks and school buses.  There would be adequate time to stop.  He emphasized that nothing Walgreens does will change drivers who are not obeying speed limits and signage.

David Agosto, Draper & Kramer Retail Development, LLC,  for Walgreens, said they have taken into consideration the concerns expressed.  He said that it is important that they obtain a full access point at some point because they do have to follow a business model.  The drugstores are meant for convenience.  They want to restrict access to the north, and will put in "local residents only" signage going north as well.  As for the detention, they have taken that issue into account with an underground detention storm-trap system that they have used in many of their locations.  He added regarding delivery, that at the existing store, the delivery trucks have to back into the site.

David Shaw, counsel for the petitioner, commented on the concept of relocation of the store.  The store currently being operated is substandard in size, services and drive-through.  He noted that Walgreens wants to stay in Downers Grove and that is why they selected this site.  In terms of the Village's Comprehensive Plan, there is language that states that the application of that Plan should remain flexible.  Village staff has stated that they believe this is a compatible use.  In Downers Grove there are hundreds of thousands of square feet of office space.  The probability of the subject site being developed for office use is extremely remote.

Mayor Tully clarified for a woman speaking from the audience the traffic flow for the site.

The Mayor asked Council for their questions and comments.

Commissioner Schnell said she thought the extra lane on the site plan was a right turn lane into Walgreens.  She said there is a lot of confusion with two lanes turning, and she believes this will make that more confusing.  She asked if the current right-turn lane into Walgreens will be marked for the entire length of the road as a right-turn only lane.

Mr. Agosto responded that the plan is in compliance with the DuPage County Department of Highway requirements.  He explained that the extra lane would be a straight line for turning right.

Commissioner Schnell then asked what the tonnage of Walgreen's trucks is and whether that will change.   Mr. Fieldman said he would obtain that information.

Commissioner Schnell then asked if the woods would remain and Mr. Agosto responded that it would be landscaped.  She asked whether the woods could be left and Mr. Agosto responded that they could.

Commissioner Schnell then asked that the Village Forester evaluate this regarding landscaping.  As to the stormwater facility, there has been discussion regarding the quality of the soil, and she asked whether they have had experience with this.   Mr. Agosto replied that Walgreens would bring in good soil if they find that the existing soil is bad.  Commissioner Schnell then verified that the water release rate must meet the County and Village Stormwater Ordinances.  Mr. Agosto said that is correct.

Commissioner Neustadt commented that he lives at 4633 Saratoga, about 1-1/2 blocks from Downers Grove North High School.  They are familiar with traffic in his neighborhood.  He noted that all Council members do go around the Village to see what is happening.  He said that if this goes through, the portion of Woodward would be annexed, and the Manager said that was correct.  The Village would have enforcement control, roadway maintenance, snow control, etc.

Commissioner Neustadt then addressed issues raised about speeding on Woodward Avenue.  He noted that Chief Porter was present at the meeting, and asked that he also notify the Sheriff's office about the speeding concerns.

Commissioner Neustadt then spoke about the discussion that's taken place regarding this proposal.  He spoke of the special use as one of the Village's enforcement tools to be used prior to, during and after construction.  It is important to look at all aspects of the proposal.  He noted that moving the business to this location would be a better opportunity for shoppers as it will be a bigger store.  He pointed out that business and economic development are also part of the Village community.

Commissioner Neustadt said that this evening the idea of compromise was also discussed including traffic issues, restricted turns, traffic signage, etc.  The Village has the options to put up signage and provide enforcement but only in the areas over which the Village has control.  He noted that the Council has heard that this is something that neighbors do not want.  The Council's job is to look at the entire picture and the entire Village.  He appreciated the compromise suggestions that were presented.  He appreciated the comments from the public and noted that property maintenance is important in Downers Grove.

Commissioner Rheintgen asked about the sidewalk, which is only on the west side of Woodward, which is the area proposed for annexation.  Mr. Fieldman said the entire width of Woodward would be in Downers Grove.  Commissioner Rheintgen then said that if the residents felt one side was better than the other for sidewalk installation they should make the Village aware of that as well.

Commissioner Rheintgen then commented on the Comprehensive Plan, which is the Village's roadmap for the future.  She then read from the Comprehensive Plan.  The Plan is a general guide for growth and is not a site development plan.  She noted that the special use gives the Council control over the direction of new development.  Anytime there is a development that affects people, people will be upset.  The Council has to decide whether the development meets the guidelines established.  When new development comes near a residential area, people are concerned.  She understands that.

Commissioner Barnett noted that there are four actions before the Council related to this development.  He asked what would happen in the event that there are property ownership issues.  Mr. Fieldman replied that in the event the Court affects the ability to consider this as a package deal, staff would recommend repealing the actions.

Commissioner Barnett then asked about the petitioner's comment regarding not anticipating new traffic.  Mr. Hamilton said that they anticipate more traffic based on the square footage of the store.  The primary service area is a 1-1/2 mile radius.

Commissioner Barnett said he heard a lot of comments about traffic, and it is a big concern to the Council.  However, some issues are a problem everywhere, such as speeding or ignoring signage.  He said someone should start consistently addressing these issues.  He urged the residents to contact the County to address these issues.  If it is not the Village's street they cannot affect a change.  They need to contact someone at the County on a consistent basis.  As to stormwater, barring any engineering mistakes, this project should improve the stormwater conditions in that area.  Commissioner Barnett said he appreciates the input and changes made by the petitioner.  He cannot support this unless there are physical changes to northbound Woodward and not just with signage.  He would like to see this move forward and he thinks that the traffic issues can be solved.

Commissioner Waldack asked for information regarding real estate values.  He noted that impact fees would not be that great, and he also said that sidewalk installation might take a while due to funding.  The Mayor interjected that it would be separate funding.  Commissioner Waldack said he agrees with the idea of barrier walls due to the light, noise, etc.  He also added that he loves his Walgreens at 75th and Lemont.

Mr. Agosto responded to the sound issue saying that the development will be 3.5 feet below grade from the house next door, 140' away from the house, and there is a retaining wall between the proposed site and the house.  The acoustics are negligible.  The noise comes from the roadway.

Commissioner Rheintgen said she would be interested in exploring a sign for local traffic on Pershing.  She agrees with Commissioner Barnett in finding a way to limit the traffic northbound.

Mr. Agosto responded that Walgreens believes it is absolutely vital that they have full traffic access at one point.  They are fine with the right-in/right-out on Woodward.  They would like to see the streets marked with proper signage to prevent pass-through traffic.  He said the traffic engineer anticipates a traffic increase of 2%.  Walgreens cannot move forward without full access.

Gene Gardio, Draper and Kramer Retail Development, LLC,  clarified that at the Woodward entrance cars leaving the site northbound or southbound would be stacked behind each other and not side-by-side.  There would not be a blind spot.

Commissioner Schnell inquired as to the jurisdiction over Pershing.  Mr. Fieldman said that the Village does not have jurisdiction.  The Village would have to work with the agency that does have control.  Commissioner Schnell suggested that they talk with other jurisdictions to determine whether signs would be enforced.

Commissioner Waldack commented about the addition of an extra lane on 63rd Street, saying that one of his problems with the project has to do with the 63rd and Belmont situation.  It has potential for accidents.  Mr. Gardio responded that the lane would be clearly marked as a dead lane pulling into the property.  Mr. Agosto added that the lane is not unique to Walgreens.  They have discussed this with the County.

Ricardo Castaneda, 6208 Woodward, asked whether trucks will come down Maple or Belmont.  Mr. Fieldman responded that the restrictions that already exist would remain, and no truck traffic will be on Woodward.   Mr. Castaneda said he thinks they will have to come up with a plan to prevent trucks from going up the hill.  He hopes they keep their word and keep semis off the street.


A member of the audience asked how the 2% increase in traffic was calculated.

Mr Indexes: Annexation, Subdivision - 63rd & W Consolidation, Annexation-2134, 2136, 2138 & 2140 63rd Street, Annexation-6298 Woodward Avenue

ORD 00-04786 B.  Ordinance:  Rezone Property Located at 2134, 2136, 2138 & 2140 63rd Street and 6298 Woodward Avenue from R-1, Single Family Residence, to B-2, General Retail Business

Sponsors: Community Development and Plan Commission Indexes: Subdivision - 63rd & W Consolidation, Rezone 2134, 2136, 2138 & 2140 63rd Street & 6298 Woodward Avenue - R-1 to B-2

RES 00-04787 C.  Resolution:  Approve the Final Plat of Subdivision for the 63rd & W Consolidation

Sponsors: Community Development and Plan Commission Indexes: Subdivision - 63rd & W Consolidation

ORD 00-04788 D.  Ordinance:  Authorize a Special Use for 2134, 2136, 2138 & 2140 63rd Street & 6298 Woodward Avenue to Permit a Drive-Through Facility

Sponsors: Community Development and Plan Commission Indexes: Subdivision - 63rd & W Consolidation, Special Use - 2134, 2136, 2138 & 2140 63rd Street & 6298 Woodward Avenue

ORD 00-04896 E.  Ordinance:  Amend Village Parking Lot Designations

Sponsors: Transportation and Parking Commission and Public Works N an Newlon, Director, Public Works, explained that this ordinance relocates downtown parking from Lot A to Warren Avenue.  A downtown parking study was conducted, and the purpose was to increase shopper parking.  The recommendation was to relocate 12 employee spaces from Lot A to Warren Ave.  The 12 new shopper spaces in Lot A would remain as 3-hour parking spaces.  The Transportation and Parking Commission (TAP) met and discussed this item and recommended approval of the recommendation.

Commissioner Neustadt asked how many permit spaces are in Lot A and how many are oversold.  Ms. Newlon said that the Village oversells each lot individually based on occupancy.   Indexes: Parking Lots

ORD 00-04897 F.  Ordinance:  Amend Parking Provisions on Powell and Norfolk Streets

Sponsors: Transportation and Parking Commission and Public Works M s. Newlon said that the neighbors in this area brought the issue forward because of impeding the drop off area for Kingsley School.  Staff recommends a restriction of No Parking between 9:00-11:00 a.m. on Powell, and along the south side of Norfolk.  She explained that this restriction is similar to those at Whittier, Hillcrest, and Pierce Downers schools.  The TAP Commission met on this issue and recommended approval.

Commissioner Waldack asked who requested this and Ms. Newlon said it was requested by Kingsley School parents.  Neighbors were notified of the proposed change and attended the meeting.

Commissioner Barnett reminded everyone that the Council wants to hear from the residents regarding parking problems or issues.  He asked about minimum street width requirements and Ms. Newlon said she would provide that information.

Commissioner Rheintgen thanked staff for their quick turnaround on this item.

Commissioner Neustadt noted that the Manager has put up signs in the area already, and he thanked staff for the swift work. Indexes: Parking Provisions

ORD 00-04898 G.  Ordinance:  Amend Holiday Parking Provisions

Sponsors: Transportation and Parking Commission and Public Works M s. Newlon said this recommendation is a result of the parking study.  She said that currently the parking system recognizes State holidays as parking holidays.  The recommendation is to change the holidays to days when the Village Hall is closed, reducing holidays from 13 to 8.  It will provide for clarity and generate more revenue.  Staff will work with the Legal Department on guidelines to post this change.  This will only affect daily parking permit holders.  This was reviewed by TAP and unanimously recommended for approval.

Mr. Olsen asked how people will know the holidays.   Ms. Newlon said that the Village can post this information on the website and put up signage.   Indexes: Parking Holidays

MOT 00-04906 H.  Motion:  Award a Contract for $347,176.81 to V3 Construction Group, Ltd., Woodridge, IL, for Reconfiguration and Naturalization of Prentiss Creek (Sub E) - Kensington Place

Sponsors: Public Works M s. Newlon said this project is included in the Community Investment Program and will reconfigure and naturalize Prentiss Creek.  The Village owns a 50' strip that follows the Creek, and the homeowners' associations on either side own the remainder of the land.  She indicated that there is a small dam that has contributed to increasing sediment being collected in the area.  The homeowners' associations are in favor of this plan.  Ms. Newlon said that five firms were pre-qualified and three proposals were submitted.  Staff recommends awarding the contract to V-3 Construction Group.  There is a 5% contingency in the amount.

Commissioner Schnell noted that the Village is already behind schedule.  Ms.  Newlon said that they would not be doing plantings until spring.

Commissioner Barnett asked how we get to naturalization of the Creek.  Ms. Newlon responded that she worked on a similar project.  The dam in this case was created as an aesthetic feature and was only about two feet high.  When removed, the Creek will open up and create its former channel.  That will be stabilized with natural plantings and become more sustainable.  Indexes: Stormwater Sewer Watershed Improvement Plans

RES 00-04908 I.  Resolution:  Establish a Policy re:  Temporary Uses that Require Village Services or Property

Sponsors: Village Attorney M r. Fieldman said this item is a resolution creating a Village Council policy and an ordinance amending the definition of "temporary use" and "public gatherings" to clarify which activities are "events" and which are "parades and public gatherings."  This addresses the questions and concerns brought up by Commissioner Waldack a few weeks ago.

Commissioner Waldack congratulated the American Legion on its ability to hold a parade and serve as the impetus to create these changes.  He also thanked staff for a reasonable solution.  He will look over the policy as he has some concerns.

Mayor Tully said the Community Events Commission reviewed events in terms of those the Village runs, sponsors, facilitates or allows.   Indexes: Community Events, Temporary Use

 ORD 00-04909 J.  Ordinance:  Amend Temporary Use and Public Gatherings

Sponsors: Village Attorney Indexes: Community Events, Temporary Use

9. Mayor's Report

ComEd Reliability Report

Today, ComEd notified the Village that it is adding two additional equipment upgrade projects consisting of the replacement of 4,000 feet of underground cable in two circuits. Both of these circuits were identified as the two of the ten worst performing circuits in the Village's reliability review last summer. The first will be in circuit W8011, which is primarily located southwest of the intersection of 63rd and Main Street. The other project will be in circuit W4572, which is located near the intersection of Fairview and Ogden Avenue. These upgrades are part of the Smart Grid bill that passed in 2011. ComEd has not indicated a completion schedule for these projects; however, staff will continue to work with ComEd to track progress on these projects.   

Materials to be Placed on File

10. Manager's Report

11. Attorney's Report

Staff Attorney Dawn Didier presented eight (8) items to Council:  1)  An ordinance annexing 2134, 2136, 2138 & 2140 63rd Street and 6298 Woodward Avenue to the Village of Downers Grove, Illinois; 2)  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 2134, 2136, 2138 & 2140 63rd Street and 6298 Woodward Avenue; 3)  A resolution approving the final plat of subdivision for the 63rd and W Consolidation; 4)  An ordinance authorizing a special use for 2134, 2136, 2138 & 2140 63rd Street and 6298 Woodward Avenue to permit a drive-through facility; 5)  An ordinance amending holiday parking provisions; 6)  An ordinance amending parking provisions on Powell and Norfolk Streets; 7)  An ordinance amending Village parking lot designations; and 8)  An ordinance amending temporary use and public gatherings.

Future Active Agenda

12. Council Member Reports and New Business

Commissioner Schnell thanked the Police Department for the Barth Ceremony and the Commendation Ceremony.  The services were outstanding.   She also said that she attended the DuPage Visitors Bureau event and will get information to the Council.

Commissioner Neustadt agreed with Commissioner Schnell on the Police Department ceremonies.  He then announced the Public Works Open House on Friday, May 18 from 2:00 p.m. - 7:00 p.m. at 5101 Walnut.   The Police Department will sponsor the Passport to Safety from 10:00 a.m. to 1:00 p.m. on May 19 at the Downers Grove Recreation Center.

Commissioner Waldack agreed with the comments about the Police Department events saying that the Village has a fabulous Department.  He recognized Chief Porter for his management.

Mayor Tully also acknowledged the Barth Ceremony and all those who participated in the ceremony or attended the events.  It is fitting that these ceremonies occurred for the beginning of Police Week.  He said this is a very special and moving ceremony, and noted the presence of the Barth family members.  The Police Commendation Award ceremony celebrates our Police Department, which the Mayor said is an outstanding Police Department.

The Mayor announced that Saturday, May 19 Coffee with the Council will take place at 9:00 a.m. at the Main Street Station.

Mayor Tully noted that Commissioner Durkin is in Springfield tonight.  He then encouraged people to attend the Public Works open house.

The Mayor announced that there are 36 days until Rotary Grove Fest.

13. Adjournment

Commissioner Schnell moved to adjourn.  Commissioner Barnett seconded the Motion.

VOTE:  YEA - Commissioners Schnell, Barnett, Rheintgen, Neustadt, Waldack, Mayor Tully

Mayor Tully declared the motion carried and the meeting adjourned at 10:56 p.m.