March 14, 2000

Mayor Krajewski called the Workshop meeting of the Village Council of the Village of Downers Grove to order at 6:30 p.m. in the Committee Room of the Village Hall.

Present:Mayor Brian Krajewski; Commissioners Marilyn Schnell, Thomas Sisul, Michael Gilbert, Sue McConnell; Village Manager Michael McCurdy; Village Attorney Daniel Blondin; Village Clerk April Holden

Absent:None

Visitors: Press: Jason Bramwell, Downers Grove Reporter; Susie Gura, Suburban Life Graphic Residents & Others in Attendance: Marilynn Gerloff, 4241 Highland; Gary Rauch, 1744 Prentiss Dr.; Dave Tatterson, Citizens for Responsible Development (CRD), 1240 Gilbert; Dennis Paulson, Midwestern University, 1490 Wood Ave.; Downers Grove Historical Society, C.L. Horton, 5921 Oakwood Dr., Lisle, Robert Arehart, 4839 Pershing, Mary E. McNamara, 4625 Wilson Ave.; James Montesantos, Founders Hill, 5200 Main St.; Sue Davison, 4336 Florence; Mark Zabloudil, 620 39th St.; Mary Krajewski; Debbi & Tom Julian, 6223 Springside; Scott Pointer, 300 E. Roosevelt Rd, Wheaton; Barb Wysocki, Chamber of Commerce; Ross Johnson, 1311 Gilbert; Anna McNally, 5632 Springside; G.L. Goodman, 5834 Middaugh; Colette Wrona, 1033 Grove

Staff: Alice Ulmer, E.D.C.; Enza Petrarca, Staff Attorney; Carol Conforti; Jane Gerdes, Public Works; Jerry Sprecher, Deputy Village Manager; Doug Kozlowski Acting Asst. to the Manager; Ken Rathje, Director of Planning; Fire Department: Lt. Dan Gilbert, Chief Lanny Russell; Deputy Chief Paul Segala; Deputy Chief David Burns; Lt. Dan Mejdrech

Mayor Krajewski explained that Council Workshop meetings are held the second and fourth Tuesdays at 6:30 p.m. The meetings are video taped for later cable cast over cable channel P/21.

The Workshop meeting is intended to provide Council and the public with an appropriate forum for informal discussion of any items intended for future Council consideration or just for general information. No formal action is taken at Workshop meetings.

The public is invited to attend and encouraged to comment or ask questions in an informal manner on any of the items being discussed or on any other subject. The agenda is created to provide a guideline for discussion.

MANAGER

The Mayor noted that the Village of Lombard conducted a survey of the 23 communities in DuPage County regarding water rates for single family homes using 7,000 gallons during the winter months, and 20,000 gallons of water during the summer months. He said that Downers Grove had the second lowest water rate at $30.52 for the winter months, and the 21st lowest rate during the summer months. The highest rate was Hinsdale at $66.00.

Bids:

Overhead Door Improvements – Station #3. Manager McCurdy said that Deputy Chief Segalla has submitted a memorandum regarding replacement of the garage door. The Manager said the recommendation is to award a contract to Allied Garage Door Company at a low bid of $12,882.

Thermal Imaging Cameras. The Manager said these cameras are for the Fire Department, and the recommendation is to award a contract to First In, Inc., of Phoenix, Arizona in the amount of $25,086. This amount is below the figure budgeted.

The Mayor asked whether there was any major difference between the Scott and the Bullard imager.

Deputy Chief Segalla said that based upon all of the studies the two items were rated equally and the decision to go with Scott was based on the lower bid.

Commissioner Gilbert asked about the source of the $25,000 and a description of the units. Deputy Chief Segalla responded that $15,000 will come from a grant, and $10,000 from the Village. He said the camera is an infrared sensing camera to see through smoke in an effort to find people who may be trapped in a smoke-filled building, or to sense heat from hidden fires behind walls. He said it is a hand-held unit. He said that there are more cameras budgeted in the Five Year Plan so all units will have the cameras available to them.

Manager McCurdy said this item would be on the next Consent Agenda.

Geotechnical Engineering Professional Services – May 2000 thru April 2001. The Manager said that staff is recommending a contract extension with Claude H. Hurley Company for soil and other testing.

Commissioner Gilbert asked if they went out for bid on this and Manager McCurdy said they did not bid as this is a 2% extension of the existing bid.

Jane Gerdes , Sr. Engineer, Public Works, said Hurley was the lowest bidder in 1998, and offered this extension at 2% above the last bid price.

Elevator Inspections. The Manager said staff has recommended awarding a contract to Elevator Inspection Services as they continue to provide good inspection service at an economic price. Approximately 241 elevators are inspected twice a year. Owners are billed $70 for each passenger elevator inspection, and $35 for each freight elevator inspection.

Commissioner McConnell asked about the difference in the number of inspections between 2000-01 and 19998-99. Manager McCurdy said that there are 241 elevators that are inspected twice a year. She was also curious about the number of freight elevators dropping and asked about it. The Manager said he would obtain that information for her.

Accreditation Status Report – Fire Department. The Manager asked the Fire Department staff to make its presentation.

Deputy Fire Chief David Burns (Deputy Burns) said the Fire Department expects its accreditation late this year. He noted that the Council has been given a packet of information regarding this. He added that a report would also be made by Deputy Chief Segalla regarding the department’s Strategic Plan.

Deputy Burns said the Department is now 80-85% complete with the accreditation document. A six-member review committee is reviewing the completed sections. He noted members of the accreditation team, as well as a timetable. The process began in March 1998, with submission of the accreditation document expected in June 2000. They hope to receive their accreditation near the end of the year. They anticipate being one of the first 50 departments in the United States and Canada achieving accreditation.

Deputy Burns then made an overhead presentation for the Council and audience of the accreditation process. He explained that they are seeking accreditation to improve the quality and quantity of services provided and to improve the organization as a whole. Accreditation improves effectiveness and efficiency.

Following Deputy Burns’ presentation, Deputy Chief Segalla (Deputy Segalla) presented an overview of the Fire Department’s Strategic Plan. He said the strategic planning process has been part of the Fire Department for the last five years, and is an adaptation of the business model typically used for strategic planning. He said the goals and objectives are to shape the department for the future, keeping in mind three critical elements: 1) being respectful of the Department’s history; 2) living the mission, and 3) creating the vision.

Commissioner Schnell complimented the Fire Department staff, stating they have accomplished most of what they have set out to do almost two years ago. Deputy Burns said that the team consisted of 85 people working together.

Commissioner Schnell asked about the six minute response and the four minute response time. Deputy Burns responded that they want to achieve the six minute response 95% of the time, and four minutes 90% of the time, leaving a two minute window. They look at the four minute for emergency medical response.

Commissioner Schnell verified that the goal is still four minutes, and Deputy Burns said that the goal is always four minutes. Their average response is 4.2 minutes.

Commissioner Schnell asked whether they will assign cost figures. Deputy Burns said that will be part of the budget process and the Five Year Plan.

Commissioner Sisul agreed with Commissioner Schnell’s assessment regarding their fine presentation. He said there were comments made in the presentation about the strengths and weaknesses, and threats and opportunities, and asked for an explanation of those comments. Deputy Segalla said that five years ago mutual aid and automatic aid were considered to be threats, as the firefighters wanted to take care of their own rather than depend on outside help. Now they see that as a strength as it provides the opportunity to respond quickly. Another threat was the private sector competition in terms of ambulance service. That resulted in strengthening the ambulance program.

Commissioner Gilbert asked for some expanded discussion of the element of self-study. Deputy Burns said the organization must be able to look at itself closely and in specific details. The self-study is brought to fruition through the self-assessment document.

Commissioner Gilbert asked Deputy Segalla about the difficulties they encountered. Deputy Segalla said trying to implement change with 85 people is challenging as some people focus on different aspects of training. He said that sometimes staff feels stretched thin, and there is concern that if services are provided to other Village departments, it could effect their work. In further response to Commissioner Gilbert, Deputy Segalla said they have to continually evaluate how much sharing of equipment, etc., with other towns improves the services. He said there is always room for improvement.

Commissioner Gilbert asked about the reference to fees. Deputy Segalla said that the main focus on the Fire Prevention Bureau is to offset some of the services with fees.

Commissioner Gilbert said he considered this to be an excellent exercise for the department, and said it would be good for all departments to evaluate themselves in this manner.

Commissioner McConnell complimented and congratulated the staff for the work they have done. She noted that there was a reference to dead air space in our community and asked for an explanation of this. Deputy Segalla responded that there are a number of areas in the community where they cannot communicate with the dispatch center, some of which is caused by the lay of the land, as well as being on a common frequency with 24 other communities. He said one of the band aid solutions is to use the vacated Public Works frequency which is a UHF channel. He said proposals for this are out now and are due on Thursday. They expect to be running on the vacated Public Works frequency by June. He said this is not a long term solution but can help for at least 3-5 years. They are also exploring other long-term solutions.

The Mayor asked what other towns have experienced this problem. Deputy Segalla said it is a fairly common occurrence on the VHF band they are using. He said other towns have done things to correct their problem. Downers Grove is in the 20% that has the problem of dead air. He stated that Downers Grove is the busiest Fire Department on the channel. The Mayor said they should make this a higher priority to solve the problem. Manager McCurdy said that on-going safety is a concern. He agreed that the Village needs to move more quickly in finding a solution to the problem.

The Mayor extended his congratulations to the staff on their hard work, and wished them good luck with the remainder of the process.

Chief Lanny Russell said that the Village is blessed with a group of people on the Fire Department who are innovative and energetic about doing things for the community. They all appreciate the support received from the Village Manager, the staff and the support of the Village Council.

Allocation of IRB Cap. The Manager said this concerns allocation of the Industrial Revenue Bond cap. In prior years, the Village has either traded or sold its unused cap. This year they undertook a bidding process resulting in the final and best offer submitted by Shell Oil Company. Shell proposes to purchase the entire $2,504,450 cap in the amount of 2.51% or $62,861. He said staff recommended setting these funds aside for a “Special Economic Development Projects Fund.”

The Mayor asked what the Village got from Shell last year, and Manager McCurdy said it was about $50,000. The Mayor asked that they look into how much was received last year.

Commissioner Gilbert congratulated those who were involved in getting this increase.

The Manager said this would be on the next Consent Agenda.

Brew Fest Agreement. The Manager asked Carol Conforti to explain this item. She asked Mr. Montesantos to address the Council.

Jim Montesantos , President and Founder of Founders Hill at 5200 Main Street said he was before the Council to discuss the Spring Brewer’s Festival on May 19 and 20. He said that in working with Ms. Conforti and Mr. Kozlowski, a packet has been prepared with the pertinent information for the Council’s review. Mr. Montesantos said this is their 4th Brewers Festival. They have craft beer, and invite local restaurants, as well as providing entertainment. Last year the fest ran two days. He said that they would like to use Grove Street again, as they did last year. The plan has not changed with the exception of the neighborhood suggesting some improvements. The main entrance will be on the east side off Main Street to keep crowds away from the alley. They will have two sections using the back lot and Grove Street, and the other section is Fishel Park on Saturday only. There will also be a relocation of the band stage. Mr. Montesantos said they have met with all of the neighbors as well as business owners and residents who appeared to be impressed with the changes proposed.

Commissioner Schnell said she received an e-mail today noting two issues from residents. One was no parking on Grove Street, and parking at Carlson’s Paint and other locations for vendors. Mr. Montesantos said regarding parking on Grove, they tried to control the parking to Carpenter, but people parked where they were not supposed to be parking. This year they will barricade Grove at both sides of the street, and will clearly post that no festival parking will be allowed on Grove. Grove has to remain open so residents can access their homes. He stated signs will have to be placed along Grove, at Grove and Carpenter, and an officer will be stationed to assure no parking. Mr. Montesantos said they will also eliminate the problem of vendors loading and unloading on Grove by use of the lot behind Carlson’s.

Commissioner Schnell said another issue raised was the noise from the bands. Mr. Montesantos said they have addressed this issue. There will be 3 bands on Saturday with two shows. He said that decibel meters have been used but it is difficult to determine what is acceptable. He believes that the sound is no louder than other programs at Fishel Park.

Commissioner Schnell asked about knocking the stage down at 6:30 a.m. Mr. Montesantos said it will be removed at 7:00 a.m. on Sunday. The only stage that needs to be removed is at Main and Grove Streets. Commissioner Schnell asked that they take into consideration the early hour so as not to disturb the residents.

Commissioner Gilbert noted one of the staff concerns was about the lack of food service. Mr. Montesantos responded that there will be food the entire time of the fest. They have invited other food vendors in to sell food on Friday night from 5:00 to 10:00 p.m., and Saturday from 12:00 to 10:00 p.m.

Commissioner Gilbert asked whether there were any issues at the cemetery.

Doug Kozlowski , Acting Assistant to the Village Manager, said that there were some comments brought up by the residents regarding people in the cemetery area. This year they will install snow fencing to prevent that from occurring.

Commissioner McConnell congratulated Mr. Montesantos on the improvements that were made this year. She asked about the food booths. Mr. Montesantos said this was not presented last year, but this year there will be food for the duration of the Festival. It will be substantial food.

Commissioner McConnell asked whether the Village’s police staff was used during the fest. She said that the contract said Mr. Montesantos would pay for the officers who would be used. She did not want any problems to occur regarding payroll issues. Manager McCurdy said there would not be any problems. Mr. Montesantos further commented that the public reacts much better by having police officers rather than private security.

Commissioner Schnell said they need to do a better job of patrolling the park to be sure that there is no alcohol being dispensed or consumed in the park. She said they need to have officers in the park. Manager McCurdy said they intend to do that and Chief Ginex has been contacted regarding that issue.

The Manager said this item would appear on the March 28 Active Agenda.

Cost-sharing Request: Morningside. The Manager said that this cost-sharing request is for the undergrounding of utilities for the Morningside project. As part of the planned development application, they have requested assistance in undergrounding the electricity and phone service in the alley north of their site and east of the project. The cost is estimated at $100,000. He asked for direction from the Council as to this request.

Commissioner Sisul said he believed the agreement would be most appropriate to make the project work.

Commissioner Gilbert said that for the past six years he has been very interested for safety reasons, as well as aesthetics, to have underground cables, particularly in high-density areas. He said he thought the Village should be involved in cost sharing and felt it was appropriate.

Commissioner McConnell said she agrees that underground cables are a great idea. She asked whether the Manager had any specifics regarding a general policy of additional underground cabling in the downtown this at this time. He said he did not but was seeking direction.

The Mayor said he thought they missed an opportunity to bury cables on Burlington. With the renovation of the downtown area, it is a good time to bury some of the cables. He reiterated what was said about this being a safety issue. The Mayor then asked who hires the contractor and who would spearhead the action on this. Deputy Manager Sprecher said that the Village would hire the contractor.

Commissioner Gilbert said he has seen the damage that above-ground lines can do during a storm, and would like to expand the project and look at the high risk areas of the Village for the potential of installing underground cables. He suggested discussing this at budget time. This project has the TIF funding advantage, but there are other areas which could also be considered.

The Mayor said it might prove to be an advantage to expand the scope of the project.

Noise Ordinance. The Manager said that this issue was discussed last year as there were some provisions which were somewhat conflicting in the Code. Staff has looked at standardizing the provisions. He said that the hours for work under the permit prohibit Sunday work, which affects people working on their home on Sundays. If a building permit is not required, a person could use the same tools with the same noise levels on Sundays. He said there has been a lot of public comment on this provision. Suggestions ranged from leaving the hours as is to expanding the hours. Staff’s effort to standardize the issue resulted in the proposal to have restrictive hours for operating power tools, etc., from September 1 to May 31 between 8:00 a.m. and 6:00 p.m. Between June 1 and August 31 the hours would be from 8:00 a.m. to 8:00 p.m.. Regarding heavy construction equipment, the hours would be the same with the exception of no Sunday hours.

The Mayor said that this was studied because it caused difficulties whereby one person could use the equipment, while another living next door could not based on whether or not a permit was needed. Regarding the proposed time restrictions, the Mayor said he would like to see them be uniform throughout the year, stating he thought 6:00 p.m. seems restrictive.

Commissioner Sisul said this was very confusing and asked whether it would include the downtown project. Village Attorney Blondin said there is an exception for public property. Commissioner Sisul said he would like to see it go back to the way it was, keeping the same hours that were there originally.

Commissioner Schnell said the best thing that happened was they received a lot of citizen input stating that people wanted them to keep the old ordinance. People were also saying they did not like the use of heavy equipment on Sundays. She said she would like to see the use of heavy equipment on Sundays still excluded.

Commissioner Gilbert said he agreed with Commissioner Sisul in that it should be kept uniform. He thought 7:00 a.m. to 9:00 p.m. is reasonable.

Commissioner McConnell agreed that they should keep the section about prohibiting heavy equipment use on Sunday. She also agreed with the hours of 7:00 a.m. to 9:00 p.m.

Dr. Gordon Goodman , 5834 Middaugh, stated said he thought that was a sensible solution. However, he said another serious noise problem comes from aid conditioners and pool pumps which could be insulated. If they are not insulated they can be disturbing. He said they should continue to look at what can be done to insure that people’s standards for back yard quiet are preserved in Downers Grove.

The Mayor asked the Manager to check with Code Enforcement to determine the number of calls that have been received on these issues.

Commissioner McConnell asked whether snowblowers are excluded from these restrictions, and the Mayor said that was correct.

The Manager said this would be placed on the April 4 Agenda.

Annual Adoption of Zoning Map. The Manager asked Mr. Rathje to discuss this item.

Ken Rathje , Planning Services Director, said that the Zoning Map is readopted on a yearly basis by state statute. It reflects the newest annexations, rezonings and subdivisions for the year.

The Manager said this would be on the March 21 Active Agenda.

Fee Waiver Request – District #99. The Manager said this request is from District 99 to waive $5,673.79 in fees related to their construction of stormwater and public right-of-way improvements.

The Manager said this would be on the March 21 Agenda.

Extension of Midwestern University Living/Learning Center. The Manager said that Midwestern University has requested an extension of the University Living/Learning Center plan.

Mr. Rathje said in March 1994 the Village approved Ordinance No. 3632 for a pair of buildings on the University campus. The University has built the westerly building, but not the easterly building. They do not intend to build the easterly building until the population growth of the University demands it. For that reason, the University is requesting an extension and will continue to do so until they are ready for the additional expansion.

The Mayor noted that the last extension was made January 19, 1999 as Ordinance No. 4097 which extends the special use until March 7, 2000. Mr. Rathje said that the Ordinance permits extension even after the expiration date. Mr. Rathje said if it was not extended they would have to go through a rehearing process.

Commissioner Gilbert asked if there is any alternative to continually extending these, as some are extended year after year after year. Mr. Rathje responded the Council consider the possibility of changing the ordinance. One of the benefits of extensions is that if there are any significant changes, it can be brought to the attention of the Council. The extension process keeps the issue fresh. He said administratively it can be a burden but serves as a good safety measure.

The Manager said this Ordinance would be placed on the April 4 Active Agenda.

Cemetery Agreement. The Manager asked Attorney Blondin to explain this item.

Village Attorney Daniel Blondin said that several months ago the Council heard a presentation from the Downers Grove Historical Society (the “Society”), concerning maintenance of the Main Street cemetery. He stated that the Agreement has been drafted based upon the presentation made by the Society. The Agreement allows for cooperation between the Village and the Society in operating, maintaining and working toward the cemetery restoration. Attorney Blondin said the Agreement does not grant an exclusive rights to the Society. The Historical Society is designated as the primary consultative body working with the Village. The final decisions are up to the Village Council. He noted that the Public Works Department, as well as the Society has reviewed the Agreement and support the draft as presented.

Commissioner Gilbert said he is glad to see this go forward. This is a group of volunteers who have offered their services to the Village, and he complimented the Society membership for their efforts to bring this Agreement about.

Commissioner McConnell asked for clarification as to whether others would be able to comment in a public forum, which was confirmed. She noted that the consulting services provided by the Society are provided at no cost.

Bob Arehart , 4839 Pershing, said he is President of the Downers Grove Historical Society. He thanked the Council and others who have worked on this project. He noted that prior to this Agreement they had an initial meeting with the Public Works staff, which was positive. He stated that the Manager recently forwarded to him a report to the Society of the Midwest Archaeological Research Service relative to the remains of the individuals in the displaced graves. He said the Society will have some recommendations regarding the disposition of those two remains. Mr. Arehart said three items for reburial need to be addressed: 1) the appropriate location, 2) appropriate containers for the remains, and 3) appropriate religious services. These are details that need to be addressed by the Council and the Society. Concerning the Agreement, Mr. Arehart said it is exactly what the Society desired it to be.

Commissioner Sisul said he is pleased that this has worked out to everyone’s satisfaction. He thinks it is nice to have someone looking after the cemetery. He said he had not been aware of what was involved in the maintenance of the cemetery prior to Commissioner Gilbert ‘s comments that something had to be done to preserve it. He said it is an interesting place and carries the Village’s history with it.

The Mayor complimented the Village Attorney and the Public Works staff on working with the Historical Society to achieve this agreement.

The Manager said this would be on the March 21 Active Agenda.

COUNCIL MEMBERS

Commissioner McConnell thanked the newspapers for their reporting on the study groups. She said the number was 1-800-3-ADVOCATE, and people can still sign up for the program. She said the first class begins on April 4, and people can enroll until the second class. The Mayor asked whether the advertisement is running on cable. The Manager said he would check.

Commissioner Gilbert congratulated the Irish on upcoming St. Patrick’s Day.

VISITORS

Pete Hultman , 1410 Gilbert, said he put together some comments about the Central Business District and how the contractor is performing. He distributed those comments to the Council, the Manager and the Village Attorney.

Commissioner Schnell moved, pursuant to Section 2©5, 2©1, and 2©11, to move into Closed Session for the purpose of discussing property and potential or pending litigation. Commissioner Sisul seconded the Motion.

VOTE :YEA – Commissioners Schnell, Sisul, McConnell, Gilbert, Mayor Krajewski NAY :None

Mayor Krajewski declared the Motion carried at 8:40 p.m.

April K. Holden Village Clerk tmh/