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August 01, 2017

1. Call to Order

Mayor Pro Tem William White 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 Pro Tem White led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Council Attendance (Present):  Commissioner Walus, Commissioner Earl, Commissioner Waldack, Commissioner Hosé; Mayor Pro Tem White

Absent:  Commissioner Barnett; Mayor Tully

Non-Voting:  Village Manager David Fieldman, Village Attorney Enza Petrarca, 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 past meetings, an opportunity will be given for public comments and questions of a general nature. 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 Mayor Pro Tem stated that at the appropriate time the presiding officers will ask if there are any comments from the public. Individuals wishing to speak, should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name. Remarks should be limited to five minutes, and individuals are asked to refrain from making repetitive statements.

Mayor Pro Tem White 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

MIN 2017-7466 - A. Minutes:  Council Minutes - July 18, 2017

Motion:  Commissioner Waldack moved to approve the minutes as presented.  Commissioner Earl seconded the motion.

Mayor Pro Tem White declared the motion carried by voice vote.

4. Public Comments

This is the opportunity for public comments.

Rich Kulovany, 6825 Camden Road, said he is the Chair of the Friends of the Edwards House.  He announced that Landmarks Illinois awarded them the 2017 Richard Driehaus Preservation Project of the Year Award for Advocacy.  There are nine awards presented throughout the State.  The award will be presented on September 16, 2017, at Venue 610 in Chicago, beginning at 5:00 p.m.

Mr. Kulovany thanked the Friends of the Edwards House for their hard work.  He thanked Mayor Tully for his leadership in forming the Ad Hoc Subcommittee on Historic Preservation.  The Subcommittee worked with the Architectural Design Review Board to develop the Historic Preservation Ordinance.  He thanked Council for passing the ordinance, the staff, the Pierce Downer Heritage Alliance, the Downers Grove Museum, the Downers Grove Historical Society and those who have been willing to landmark their homes. 

Mayor Pro Tem White said the historic preservation accomplishments since he has been on the Council are very impressive and a huge benefit to our community in helping to establish the character and identity of Downers Grove.

Amelia Coppolillo, 4237 Lindley Street, said she lives adjacent to Speedway Gas Station.  She said there are a number of deferred maintenance issues at the gas station.  She referenced a fence that is 17 years old, in disrepair and rotting.  They have not replaced it.  She has called Speedway several times.  She said the gas station does not have enough dumpsters and the garbage has attracted raccoons and skunks.  She has trapped raccoons feeding there.  Garbage has clogged the detention pond.  Weeds are six to eight feet tall.  She has called the Health Department.  She said these matters have cost her thousands of dollars.  It is a privilege to do business in Downers Grove.  Speedway has no excuse for their behavior.  She has been dealing with this for six months.  It is wasting everyone's time.  Speedway should take care of this.

Mayor Pro Tem White said he noted that staff was taking notes as Ms. Coppolillo was speaking.  He thanked her for coming to tonight's meeting and bringing this to the Council's attention.  Having businesses comply with the Village Codes is important.  He asked that she leave her name with the staff and invited her to send him or Mayor Tully an email if she does not get a response.  He said his experience is that staff will look into this matter. 

5. Consent Agenda

Mayor Pro Tem White asked that item G., RES 2017-7415, a resolution authorizing a first amendment to the intergovernmental agreement with the County of DuPage for improvements along CH 35/55th Street from Dunham Road to Clarendon Hills Road, be removed for consideration at a later date.

COR 2017-7467 - A. Claims Ordinance:  No. 6219, Payroll, June 23, 2017 and No. 6221, Payroll, July 7, 2017


BIL 2017-7468 - B. Bills Payable:  No. 6342, August 1, 2017


RES 2017-7458 - C. Resolution:  Authorize an Intergovernmental Agreement with the County of DuPage, Illinois

Summary:  This authorizes an Intergovernmental Agreement between the County and the Village on behalf of the Emergency Telephone System Board of DuPage County.  






RES 2017-7464 - D. Resolution:  Authorize Acceptance of Public Improvements - 35th and Saratoga Subdivision

Summary:  This authorizes acceptance of the public improvements for the 35th Street & Saratoga Avenue development. 




RES 2017-7469 - E. Resolution:  Authorize an Agreement for Prosecution Services with McMahon Law Offices

Summary:  This authorizes execution of an agreement for DUI prosecution services with McMahon Law Offices. 




MOT 2017-7465 - F. Motion:  Authorize a Contract Not to Exceed $70,770.90 to WBK Engineering, LLC, St. Charles, Illinois, for Engineering and Survey Services for Local Drainage Project #12 (Hitchcock, between Cornell and Glenview)

Summary:  This authorizes a contract for engineering and survey services for local drainage project #12 (Hitchcock, between Cornell & Glenview) to WBK Engineering, LLC, in the amount of $64,337.18 plus 10% contingency in the amount of $6,433.72 for a total not-to-exceed $70,770.90.


RES 2017-7470 - H. Resolution:  Authorize an Agreement with Thermo Scientific Analytical Portable Instruments, Inc.

Summary:  This authorizes the purchase of a handheld narcotics analyzer from Thermo Scientific Analytic Portable Instruments, Inc. for $29,940.00. 




MIN 2017-7471 - I. Minutes:  Note Receipt of Minutes of Boards and Commissions

Summary:  Library Board - June 28, 2017

Motion:  Commissioner Waldack moved to approve the Consent Agenda as amended.  Commissioner Earl seconded the motion. 

Votes:  Yea: Commissioners Waldack, Earl, Walus, Hosé; Mayor Pro Tem White

Nay: None

Mayor Pro Tem White declared the motion carried.

6. Active Agenda

7. First Reading

RES 2017-7265 - A. Resolution:  Approve Final Plat of Subdivision for 2001 63rd Street

Village Manager Dave Fieldman said all of the items on the First Reading are related to the first issue.  He introduced Director of Community Development Stan Popovich.

Stan Popovich, Director, Community Development, explained that the property in question is 2001 63rd Street, which is the southwest corner of Woodward and 63rd Streets.  He displayed a slide showing the shopping center.  The proposal is to redevelop the site with a new Walgreens.  There are two curb cuts there that will be removed and replaced with a single curb cut.  The Walgreens would have a drive-through on the west side of the building, with a one-way access point and circulation pattern.  The loading zone and trash enclosures are away from the residential area north of 63rd Street.  A wall will also screen the area.  He showed the new entranceway and one of the renderings provided by Walgreens.  The building is a stucco material.  Mr. Popovich addressed the façade improvements to the center on several of the buildings.  They will install islands and improvements to the parking lot, as well as repair the drive-out at the rear of the building.  Stormwater issues will be addressed and greenspace will be placed along the side of the building.  Slides of the site were displayed.  He said that in the Village's Comprehensive Plan this is a key focus area and catalyst site.  All criteria of the PUD have been met, as have those of the Subdivision Ordinance and the Plat of Subdivision.

Lawrence Freedman, attorney, and Mitchell Kahn, Principal Owner and CEO of Frontline Real Estate Partners, were present to answer any questions. 

Mr. Kahn thanked the Council for reviewing their plan.  He said the center was bought 4-1/2 years ago out of a bankruptcy.  It was owned by a family who owned it for many years and neglected it terribly.  Mr. Kahn said that they have fixed many issues on the property already, and over 80% of the site has now been leased.  Since they purchased the center, none of the businesses have left. They hope to bring more businesses to the center and to the Village.

Commissioner Earl asked about the drive-through aisle, saying she was concerned about the drive aisle going against the traffic on 63rd Street.  There would be opposite headlights hitting each other.  She is also concerned about the building materials on Walgreens building.  The materials being used are not as strong as brick or stone, and the wrapping on the columns should come up higher, particularly with our weather conditions.  She thinks it will deteriorate too rapidly.

Javier Milan, Sr., Consultant with KLOA, said that the traffic in the drive-through is limited.  It is not as busy as a McDonalds or Starbuck's.  He said that professionally they do not see it as a problem due to the limited usage.  It is primarily for dropping off and picking up prescriptions. 

Commissioner Earl replied that it looks like there is only one pick-up window, so traffic will queue up.  It is the people in the cars facing the headlights that will have a problem.

Mr. Milan responded that it is no different than a driving eastbound on 63rd Street and moving into the left lane to go north.  It is the same situation. 

Commissioner Earl said that you expect headlights, but not from this location.  She noted they have a similar situation at Panera's and it doesn't work as well as they had hoped.  She is also worried about stacking on the Woodward side.

Mayor Pro Tem White commented that it appears as though they could get five or six cars into the drive though.  Mr. Milan replied it would be about four or five vehicles.  Mayor White asked for more detailed answers before this comes to a vote.  Mr. Freedman said that they can look at options and how to address it.

John Bradshaw, architect for the site, addressed the issue of building materials on the base of the building.  He said that the material above the base is EIFS, which is an insulated material. The base of the building is 2'4" of stone, and is protected from salt.  Walgreens is satisfied with the stone base materials, and they are very good at maintenance.

Commissioner Waldack said he has always had a problem with EIFS materials.  It can look bad quickly if there is a mistake.  He is glad that they have an opportunity to make improvements at that center, but he doesn't want it to deteriorate.  He asked for a comparison with what was proposed with the Panda Express, and wants to be sure that they are improving this property.  He added that there needs to be strong enforcement of esthetics and maintenance.  He wants to see EIFS fixed quickly if and when it fails.  Commissioner Waldack said he wants assurance that Meadowbrook is on the upswing.  This is a good location for a Walgreens.

Mr. Kahn said that they feel the same way the Council does about maintenance.  EIFS is a dramatically different product than it was 20 years ago.  Walgreens maintains their own buildings.  It is critical to them and to him.  They will maintain it.  They have an agreement with Walgreens that the building will be maintained.

Mayor Pro Tem White commented that there is time for more information to be given to the Council.  This is exactly the right development at this corner and he supports this.

Mr. Freedman said he will confer with staff before next week.


ORD 2017-7263 - B. Ordinance:  Approve an Amendment to Planned Unit Development #1 to Allow Construction of a Convenience Store with Drive-Through at 2001 63rd Street


ORD 2017-7264 - C. Ordinance:  Authorize a Special Use for 2001 63rd Street to Permit a Convenience Store with Drive-Through


ORD 2017-7289 - D. Ordinance:  Approve an Amendment to Planned Unit Development #8 to Allow Parking Lot and Facade Improvements in the Meadowbrook Shopping Center

8. Mayor's Report

New Business

RES 2017-7463 - A. Resolution:  Appoint Bradley J. Bloom to the Board of Fire and Police Commissioners

Summary:  This appoints Bradley J. Bloom to the Board of Fire and Police Commissioners.  He asked April Holden, Village Clerk, to read the resolution.



Motion:  Commissioner Waldack moved to adopt the Resolution as presented.  Commissioner Earl seconded the motion. 

Votes:  Yea: Commissioners Waldack, Earl, Walus, Hosé; Mayor Pro Tem White

Nay: None

Mayor Pro Tem White declared the motion carried.

9. Manager's Report

10. Attorney's Report

Pursuant to Section 2.5 of the Downers Grove Municipal Code, the following are presented for Village Council consideration:


  1. An ordinance approving an amendment to Planned Unit Development #1 to allow construction of a convenience store with drive-through at 2001 63rd Street
  2. An ordinance authorizing a special use for 2001 63rd Street to permit a convenience store with drive-through
  3. An ordinance approving an amendment to Planned Unit Development #8 to allow parking lot and facade improvements in the Meadowbrook Shopping Center


11. Council Member Reports

Commissioner Earl said the Library has wrapped up strategic planning and the Park District is beginning their strategic planning efforts. 

Mayor Pro Tem White again congratulated the Friends of the Edwards House on their award from Landmarks Illinois.

12. Adjournment

Motion:  Commissioner Waldack moved to adjourn.  Commissioner Earl seconded the motion.  

Votes:  Yea: Commissioners Waldack, Earl, Walus, Hosé; Mayor Pro Tem White

Nay: None

Mayor Pro Tem White declared the motion carried and the meeting adjourned at 7:40 p.m.

Respectfully submitted,

April Holden Village Clerk