May 23, 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 Council Chambers 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: James F. Russ, Jr., 4915 Main; Charles Orange, 702 Maple; Charles Keenley, 1014 Mistwood; Dave Humphreys, Com. Grants, 4221 Saratoga; Sue Davison, 4336 Florence; Tom Julian, 6223 Springside; Pat Wenthe, 1316 Grant; Liz Chalberg, 728 Randall; W.H. & Carol Whowell, 5417 Lee; Richard Cofran, 1318 Turvey; Victoria Kroc, 5460 Lee; Wally Brown, 1308 Gilbert; Mary & Bill Stecher, 5138 Lee; Steve Crifase, 5220 Lee; Leslie Doyle, 1911 Elmore; Jay & Christine Fregeau; 1918 Elmore; Mary Ellen Young, 1821 Elmore; Marilyn Harrison, 1918 Bending Oaks Ct.; Linda Mikyska, 5533 Lyman; Patricia Jeka, 1961 Elmore; Patty and Craig Wills, 1959 Elmore; Mark Cieslarski, 1954 Elmore; Joanne Norgle, 1952 Elmore; John Le Donne, 1221 Parkway; David Brown, 1508 Gilbert; Dave Tatterson, 1240 Gilbert; Vincent Barrett, 4921 Highland; Mary Ellen Cahill, 3935 Elm; Vicky Grana, 3917 Elm; Minda Chow, 1900 Elmore; Bob Gianatasio, 5401 Bending Oaks Pl.; Judy Strain, 5410 Lee; Diane Pultorak, 1932 Elmore; Penny Hajduk, 5520 S. Lyman; Victor Kubelsky, 1930 Elmore; JoAnn & Chris Barbour, 1931 Elmore; Steven Rusch, 5802 Middaugh; Jim Chow, 1900 Elmore; T. Alcon, 4903 Seeley; Robert O’Brien, 5230 Lee; Benita & Bert Theleen, 1812 Elmore; Ron Johnson, 1311 Gilbert; Linda Kunze, 4801 Montgomery; Teri Gilbert, 4617 Highland; Al Breeze, 5508 S. Lee; Linda & Jon Gartrell, 5110 Lee; John Spriet, 1209 Jefferson; Janis Farrington, 5211 Lee; Lorie & Patrick O’Flaherty, 5417 Bending Oaks Pl.; Bob Webeler, 1924 Bending Oaks Ct.; Molly & Paul Neustadt, 5326 Meadow Ln.; Sue & Steve Petkus, 1049 Grove; K. Veronda, 1118 Grove; Wally Pierce, 5300 Lee; Pete Morgan, 5310 Lee; Robert Klute, 1740 Elmore; Fran Holbrook, 1962 Hitchcock; Betty Rigsby, 1962 Hitchcock; Marilynn Gerloff, 4241 Highland; Kathleen Lawlor, 1740 Elmore; Kathleen Schaffer, 1811 Elmore; Jim and Bernice Swick, 1760 Elmore; Marilyn Weiher, 4808 Wallbank Staff: Indira Sivakumar, Information Services; Ken Rathje, Director, Planning Services; Kathy Nybo, Community Events; Jeff Livergood, Director, Public Works; Jerry Sprecher, Deputy Village Manager; Karyn Byrne, Code Services; Bob Jungwirth, Village Engineer; Kevin Dunne, Public Works; Steve Ruffolo, Director of Operations, Public Works; Brian Pabst, Director of Redevelopment

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 cablecast 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

Recognition of Snow Shovelers: Manager McCurdy said that the Village recognizes the volunteers who assisted in snow shoveling and asked Karyn Byrne to make the presentations. Ms. Byrne said there were 30 certificates to be presented. The snow-shoveling program is part of the Neighbor-to-Neighbor program for seniors. She explained how the need for volunteers grows every year with the increase of the 85+ year-olds. Ms. Byrne then presented the certificates.

The Manager then asked that Item 3 be removed from the Agenda as he would like to obtain more information.

Bid: 4th of July Fireworks . Manager McCurdy said that every year the Village cooperates with the Villages of Woodridge and Westmont and the City of Darien for the fireworks display. Woodridge obtains the bids and this year has recommended awarding a contract to Melrose Pyrotechnics. The Village’s annual contribution is $10,000.

The Mayor asked whether Westmont will continue to participate on an on-going basis.

Kathy Nybo , Community Events, said that this year they will celebrate their new park. They said they plan to continue at this time; however, she will contact them after the Fourth of July to obtain confirmation of their plans. Ms. Nybo said the funds are divided based upon the population, with Downers Grove at $10,000, Woodridge at $5,500 and Darien and Westmont at $2,700. She then reviewed the history of the fireworks display.

The Mayor said it did not look like the latest population figures were being used. Ms. Nybo said that the idea was to make the funds proportionately fair. She noted that she would investigate it further for next year. She said that the percentages have not changed since 1986 but the dollar amounts have increased.

Commissioner Schnell asked why they are not using the Mad Bomber this year. Ms. Nybo said that Melrose Pyrotechnics was the supplier prior to 1992. The staff based its recommendation on a shell count, and this year Melrose Pyrotechnics has more shells than Mad Bomber in their fireworks displays. They also intend to expand on the music aspect of the display. Ms. Nybo said Melrose also does the Chicago fireworks.

Commissioner Gilbert said the bid is decided by agreement among all of the towns. Ms. Nybo said Woodridge is primarily involved since it is held in Woodridge. She attended the bid opening.

The Manager said this would be placed on the June 6 Consent Agenda.

Purchase of Computer Equipment . The Manager said the Village plans to purchase twenty PCs initially and received quotes from three firms. Staff recommends awarding the contract to Gateway Computer Systems. He stated the computers will be used in numerous departments.

Commissioner McConnell asked why they are buying Windows 95.

Indira Sivakumar , Information Services, said they would be able to upgrade to Windows 2000.

Staffing Software – Fire Department. This item was postponed.

Community Grants 2000/01 . The Manager asked Dave Humphreys to speak on this item.

Dave Humphreys , Chair of the Community Grants Committee, said this was the tenth year for the program in Downers Grove. He reviewed the mission of the Committee. Funds are obtained from the Hotel Use Tax, with a 2000-01 budget of $57,500. Mr. Humphreys said that the programs of this Committee contribute greatly to the climate of the community, as well as the quality of life.

Mr. Humphreys said the Committee reviewed grants on April 29 and made its recommendation on May 8. Payment is made to the organization on a reimbursement basis upon the presentation of paid bills, and recipients are required to acknowledge receipt of funding from the Village. He noted that of 22 applications, 20 received funding. He further noted that the requests were in excess of the funds available.

Commissioner Schnell asked how much of the tax was originally to go to the Community Grants Program. Mr. Humphreys said he believed it was 25% for community events programs. Commissioner Schnell said she wondered if they are in sync with the originally recommended percentages. Mr. Humphreys said he did not have exact percentages available, although the percentages have shifted. Commissioner Schnell said she wanted to assure that the balance has not changed significantly. Mr. Humphreys said it has not.

Commissioner Gilbert said that as Chairman of the Community Events Commission (CEC), he has been a proponent of changing the Commission’s structure. He noted that the Community Grants Committee (CGC) is a subcommittee of the CEC . He believes it should be a stand-alone group. One reason is that it creates a conflict for the Community Grants Committee to be part of the Community Events Commission. The job of the Community Grants Committee is to look at the entire Village. By being a separate group they are better able to provide a broader perspective. Commissioner Gilbert said they are a hard-working group dedicated to their cause and they need to be recognized on their own, separate from the CEC . An independent board provides for flexibility, which is an important consideration particularly in order to add multiple funding sources. If there is an objection by the Council to his recommendation, it could be set for a future Workshop. Otherwise, he would like to see the Village Attorney put together an ordinance establishing the CGC as a separate board.

Mr. Humphreys said making the Grants Committee into a separate group is a good thing and improves the visibility and statute of the Community Grants Program. To preserve the continuity and institutional memory, he suggested members be named from the existing group with staggered terms. Regarding the funding issue, the hotel tax has presently leveled off. Hotel taxes are based on hotel occupancy that is based on many factors and can affect the funding sources to the CGC . He is concerned that the funding base of this program is unstable, and he would welcome a means of broadening the funding base.

Commissioner Gilbert said there are two issues. One is to make them an independent commission, and the second is to discuss funding options. He would recommend consideration of other funding sources to be discussed at Workshop in September. Regarding the independent board, very little would change. The Mayor said he was in favor of doing this in September.

Commissioner Gilbert said that this would not effect the Community Events Commission. The CGC members would continue to serve on both groups. He would like to see this start now.

Commissioner Sisul complimented all of the people who serve on this commission. He sees some advantages to having them be an independent committee; however, he questions whether they want the members to continue working on both commissions. It increases their workload and he would like to hear more information about how long they would continue to serve on both committees. This could create an opportunity for more people to serve.

Commissioner Schnell recommended that because there are so many people who want to serve the Village it might be helpful to reserve some of the positions on the new board for new members. It gives new people a chance to serve. At present, the committee is five members, and could have one or two new members.

Mr. Humphreys said that his only issue was that terms be staggered so as not to lose the entire group at once. He would like to preserve the institutional memory by use of staggered terms.

Commissioner McConnell recommended making the committee a seven-member group, thereby allowing the current members to remain and add two new members. She would like to have staff develop that concept.

Commissioner Gilbert said he would like to see the funding issue workshopped in September, but would like the independent commission established now.

Wally Pierce , 5300 Lee, asked about the grant recipients. The Mayor read the list of recipients of grants for 2000-01.

Mr. Humphreys said that these are for the cultural, recreational, educational, social and civic activities of not-for-profit groups in the Village.

The Manager said this would be placed on the June 6 Active Agenda.

Plan Commission Recommendation: Lot Split 702 Maple. The Manager asked Mr. Rathje to make the presentation.

Mr. Rathje said the Plan Commission met on April 4 and May 2 to discuss the petition for a lot split at 702 Maple Avenue. He described the property in question. The proposal was to divide the property into two parcels, with square footage for one parcel of 21,009 square feet, and 19,918 square feet for the second parcel. He explained the Subdivision Control Ordinance conditions for variations as to lot size, as the parcels would be less than the required 75’ width.

Mr. Rathje said the Plan Commission discussed this issue at length and carried it over to a second meeting. Nineteen speakers testified at the meetings. Some of the comments and concerns were about the resolution of what would happen to the house on the property, as dividing the lots would bisect the house. The house took on importance due to its age, dating back to the 1850s, and its location on Maple Avenue. The Plan Commission listened to the testimony, reviewed the photos submitted of the surrounding areas, and determined that the lot split with the variation was reasonable by a vote of 7:2.

James Russ , attorney for the owners of the property, distributed photographs of the houses along Maple, as several residents raised the issue that Maple was a unique street in the Village. He noted that there are several types of homes built on Maple of varying ages, some built as late as the 1950s. Mr. Russ said that the Subdivision Control Ordinance does not deal with what is on the property or is to be built on the property. Basically it provides for situations such as this, and in reviewing previous lot splits, Mr. Russ said that the situations are all similar. He explained that even after the lot splits, the lots will remain larger than others that are in the area.

Mr. Russ said the Plan Commission felt the petitioner met the criteria established by the Ordinance and therefore forwarded a positive recommendation.

Mr. Russ said another issue raised was the fact that there was a very old home on the property. He explained that the Village does not have an historical preservation ordinance that would prevent this home from being torn down at this time.

Charles Orange , homeowner of the subject property, stated that when they bought the property 23 years ago, they intended to restore the home; however, looking at the structure they realized it was not economically practical. They chose to keep the house from further deterioration, and do no more than that. No one has wanted to buy the house to restore it.

Commissioner Schnell said some years ago an issue was raised to look at groups of blocks in the community where residents want to preserve the character of their neighborhood. She said this may be the time to look at this again. She said she drove past the home today and it looks like is would not be easily renovated, and needs a lot of work.

Mr. Rathje said that he visited the house with a building inspector and took some photographs that he then distributed to the Council. The photos showed sunken floors, foundation failures and other problems. He said to try and make the home modern and safe would be very expensive.

Commissioner Sisul said that the minutes were interesting, and there are many sides to this issue. He said when this issue was raised before it was done with lukewarm resolve and left to the community. He said that some comments made by Plan Commission members indicate they have a broad background and are troubled by the decisions. Maple Avenue has always been a special street in Downers Grove, and he said they might wish to look at an historic preservation ordinance on a future agenda. He said it might be good to bring this up at a joint meeting with the Plan Commission.

Commissioner Gilbert said that the idea of an Historical Preservation Ordinance is very difficult, particularly in regard to protecting the homeowner’s house. The disposition of Mr. Orange’s house is not the Council’s decision. He indicated it would be very tedious to word a preservation ordinance. He noted that the minutes of the Plan Commission show it was not a unanimous decision. He said he agrees with those who dissented. The very least that the Council should be doing is sticking to the rules in areas that are special and deserve protection. That is the purpose of the Subdivision Control Ordinance. If an area calls for a specific lot width, it is incumbent upon the Village to respect that rule. He noted that this subject petition called for a special situation.

Commissioner McConnell said she believes it is time to look at giving the Plan Commission as well as the residents some direction on what might be done in the Village. She said it might make sense to assign people to investigate this issue in an effort to determine what direction the Village should take before there are more and more teardowns in the community. She then asked about the previous seven variances and the percentage of differences.

Mr. Rathje provided the following data on the seven variances: 4724 Pershing made into two 60’ lots instead of 75’; 4921 Woodward made into two 60’ lots instead of 75’; 5808 Main Street made into two 66’ lots instead of 75’; 1948 Elmore made into two 60’ lots instead of 75’; 4535 Roslyn made into two 50’ lots instead of 75’; 1943 Elmore made into 67.5’ instead of 75’.

Mr. Rathje said most of the lots were R-3, and two were R-4.

Commissioner Schnell asked if there is a history of how the 50’ lots came about. Mr. Rathje said the ones on the south side were all subdivided lots which was the norm in the older part of town. On the north side of the street there were some subdivisions. Lots to the west of the subject property appear to have originally been 150’ and were then divided a very long time ago. He said that with the exception of three parcels, all were subdivided prior to the 1960s.

Commissioner Schnell asked if this was the only lot left that could be split along Maple. Mr. Rathje said that was correct.

The Mayor said the Plan Commission did a very thorough job in reviewing this petition. He said that historical preservation has been addressed before. He noted that it was hard to pinpoint distinct historical areas as newer homes have been allowed in the middle of older areas. He agreed with the recommendation to have the Plan Commission review this issue, as they appear to have some expertise in the area. The Mayor said that the Subdivision Control Ordinance stated that there must be a 75’ lot width with exceptions if the criteria established are met. He said it seems as the two dissenters on the Commission were troubled with the lack of an historic preservation regulation.

Commissioner Gilbert said he is not against exceptions to the ordinance. This is a lot split in an area of Downers Grove that has historic significance. He said they cannot say anything about the condition of the house, but they can stick to the rules in areas that are “sensitive.” He sees this area as a “sensitive” area.

Dave Brown , 1508 Gilbert, said he attended both Plan Commission meetings and there was a lot of uncertainty expressed. He said he put together a list of why they should or should not disallow the lot split, which he then distributed to the Council. Mr. Brown said the Plan Commission debated this petition, and he thought they appeared to be looking for some guidance. Mr. Brown noted that the homeowner said the house is in poor condition and that is why it should be demolished. In addition, the listing price reflects the lot split, which is arbitrarily higher than selling the house on the lot as it exists.

Mr. Brown then provided reasons why the Council should disallow the variances for this lot split. He said that the resulting lots would violate the spirit of the Ordinance. He stated that the home is an integral part of the neighborhood character. In addition, the 50’ and 60’ lots Mr. Rathje references were there prior to the establishment of the Subdivision Control Ordinance. Mr. Brown said this home is one of the five or ten oldest homes in Downers Grove, and that is not an insignificant note. He said the Maple Avenue area is recognized as a symbol of old Downers Grove. In addition, without the lot split this home would likely survive. Mr. Brown said that one thing the Council could demonstrate by disallowing the lot split is that the Council has some concern and interest in preserving the historic nature of the community.

Mr. Brown said that Downers Grove is a community with a deep past. He believes the reason many people choose to live in Downers Grove is connected to the character and nature of the community, and the subject home is connected to that feeling. He said he has the name of an architect that deals with historical buildings who could give an objective opinion as to whether the home is capable of being restored.

Pat Wenthe , 1316 Grant Street, said she is concerned about Mr. Orange and the fact that he cannot afford to rehabilitate this home. It is, in movie terms, a “money pit”, and he cannot sell it to anyone to restore it. The only people interested want a lot split and to build something new. She said she is concerned the home might be abandoned and fall into further disrepair.

Manager McCurdy said this would be placed on the June 20 Active Agenda.

Plan Commission Recommendation: Alley Vacation Block 117. Mr. Rathje said there is a 9’ wide alley between Main and Highland, south of and parallel to Rogers. In anticipation of possible other uses for Block 117, the Planning Staff brought the vacation to the January 4, 2000 Plan Commission meeting. It was determined that an alley right-of-way would not be necessary for access/egress to the property. He stated that most utilities and government bodies declined any need for easements of the alleyway. Now that the Village owns the entire property they do not need an easement. Both the Downers Grove Sanitary District and Commonwealth Edison stated they would like to maintain a right to an easement. He said that the staff advised the Plan Commission that any redevelopment of this property might cause the easements to be moved or abandoned. In the meantime, he recommended that easement be retained.

Manager McCurdy said this would be brought to the June 20 meeting for approval by Ordinance.

2000 New Sidewalk Projects: Follow-up. The Manager asked Mr. Livergood, Director of Public Works, to provide the follow-up report on the new sidewalk projects.

Jeff Livergood , Director, Public Works, said sidewalk construction involves an inherent safety issue for the Village, and aids in developing a sense of neighborhood and community. As part of the TCD -II in the early 90s, one goal was to have at least one sidewalk on one side of every street in the Village within 20-25 years. Mr. Livergood said this was a big goal that required heavy funding and planning. Once the matrix was completed a 5-year plan was instituted with an increase of budget from the Village Council for sidewalk construction. Staff has met with Council to move forward on the sidewalk construction program for this summer. Staff also contacted residents, on Council direction, to inform them of the program and its impact on their property.

Mr. Livergood said staff met with residents this past month to discuss potential design of sidewalks to be constructed this summer. He said that as a result of these meetings it was learned that there are many different factors that must be considered in the design considerations such as traffic patterns, the proper side of the street, landscaping, trees, drainage, etc. Mr. Livergood stressed that there is no single factor that leads to choosing which side of the street would have sidewalks. He said staff has presented a list of streets for this summer, stating they would like to go out for bid and complete construction before the school year starts.

The Mayor asked that Mr. Livergood go through the list street by street. He also asked about the meeting on Jefferson.

Mr. Livergood then proceeded with the locations of the various recommendations. He said that the west side of Fairview north of Ogden Avenue is being considered to complete a gap.

Next is 41st Street, Highland to Elm, on the north side. He said this is part of the Parking & Traffic Commission (P&T) recommendation as it is a critical route for students walking to Highland School.

Mr. Livergood mentioned Elm, from Ogden to 39th Street, as part of the P&T recommendation. The sidewalk would be on the east side. Public opinion is split about the merits of sidewalk construction, although safety enhancement is a primary consideration. Those opposed want to preserve the rural character of the neighborhood.

Commissioner Schnell asked about the huge grade between 39th and 40th and how they design with that type of variation. Mr. Livergood said the street is slightly offset on Elm. They have chosen the east side as there is ample space within the public right-of-way. This will cause the least impact on trees and the ditch area. Some of the trees will be removed and replanted with better trees. He does not think that the sidewalks will be closer than 25-30 feet from the front of any homes. Regarding the grading and ditch, Mr. Livergood said they attempt to balance the location of the sidewalk as far from the homes as possible, and also as far from the roadway and ditch as possible.

Mr. Livergood next mentioned Lindley from Ogden Avenue to 41st Street, stating the residents want sidewalks in that area and it is cost effective to construct sidewalks there while staff will be working in the area.

Next Mr. Livergood mentioned the east side of Lee Avenue from Chicago to Ogden. He said there was very strong public support and the public has accepted having the sidewalk on the east side.

Commissioner Schnell asked about Downers Drive and whether they could do it if there is money available. Mr. Livergood said it depends upon whether the bids are favorable. The Mayor noted that people have mentioned that there are many children using Downers Drive and Carpenter, as well as the area near the park at 59th and Main.

Mr. Livergood then discussed Jefferson, from Dunham to Middaugh. There is a two-block section where they propose sidewalks on the east side. There is a priority due to Hillcrest school. Initially the staff received a petition in opposition from residents along Jefferson; however, last night staff met with those residents and had a good meeting with them. As a result of that meeting the residents are in support of the construction.

Mr. Livergood reviewed Plymouth from Maple to Jefferson, stating this was a feeder route to Hillcrest school, and sidewalk will be constructed on the east side of the road. There are concerns about trees and landscaping in the public right-of-way, however staff believes it is appropriate to proceed.

Concerning Middaugh, from Blanchard to 59th, Mr. Livergood said that this is an integral part of the Jefferson sidewalk and will be constructed on the west side. He said the residents expressed some concerns and staff has met with those people.

Mr. Livergood then addressed Curtiss Street from Belmont to Cornell, stating there was strong support for sidewalks from those attending the meetings. He noted that there are some residents who are not in favor of the construction. Staff also discussed Cornell, from Curtiss to Hitchcock with construction planned for the west side. Mr. Livergood said that on Hitchcock from Belmont to Cornell, the sidewalk is planned for the south side as it works best at the intersection of Cornell. There would be less impact on the parkway trees and drainage. He indicated that there was a lot of discussion on this sidewalk as there was strong resident support, with some opposition. The primary concern was which side of the street would be chosen, and staff has selected the south side as they believe it would best suit the pedestrian patterns.

Mr. Livergood then addressed Elmore Street, from Belmont to Lee. He reviewed the history of this location, noting that residents who wanted to enhance the safety in general on Elmore submitted some petitions in 1997. They requested regulatory control, roadway condition review, and an evaluation of the benefit of sidewalks. The P&T Commission evaluated the request and authorized a staff study of the area. After much review and study of the data, together with numerous meetings with residents, P&T recommended adjusting the rating of this portion of Elmore. Staff made modifications to significantly reduce the number of parkway trees that will be removed, resulting in 12 trees. That does not include brush or other woody material. Anything they are proposing to remove falls on the public right-of-way and they will stay as far away from private property as they can without compromising their goals. Again, there are some residents who oppose the construction. Those in support of construction were satisfied with the design process.

Mr. Livergood then noted that Lee, from Maple Avenue to Gilbert, would be the last section of sidewalk in that general area. There is a future potential for an underpass as part of the Village’s bikeway plan which would require federal or state funding in the distant future. Construction of sidewalks on Lee will probably be between 2-3 years. He said staff’s goal is to provide a logical framework for sidewalks based on the premise of constructing sidewalk on one side of every street in the community.

Mr. Livergood said that in summary, staff would like to proceed with the bid process for sidewalk construction as noted on the list they have submitted to the Council, with Council’s concurrence.

Commissioner McConnell said that as she has talked with residents, she has been hearing that residents are satisfied with the efforts of the Public Works staff. She asked if there were any recommendations from any groups as to the value of sidewalks. Mr. Livergood said the Village contacted John LaPlante of T.Y. Lin International/BASCOR, who evaluated the Village’s bikeway plan. He is an expert in traffic engineering, and he is in the process of preparing a sidewalk design manual for the American Association of State Highway Transportation Officials. It is Mr. LaPlante’s opinion that sidewalks enhance safety.

The Mayor asked that the map be made available for the residents in the audience to see where the sidewalks are proposed. He said this would be posted in the Library as well.

At this time, the Mayor said that comments from the residents would be taken on a street-by-street basis:

Mary Ellen Cahill , 3935 Elm, said she is not the only person who does not want a sidewalk and would prefer to keep the rural effect of the neighborhood. She believes the mission statement made by the Village in 1990 needs to be revised.

Vicky Grana , 3917 Elm, said they met with staff and it was a very good meeting; however, she reiterated that they do not want sidewalks as it will not be aesthetically pleasing and will be off balance since they are only doing one side. Ms. Grana said the children who would use the sidewalk live on the opposite side of the street from the proposed sidewalk. She appreciated staff’s time and asked whether this was inevitable.

Commissioner Schnell said that the multi-family building at 39th and Highland was required to install asphalt sidewalks. She said many areas are perceived to have a rural quality and asked Mr. Livergood if they could look at asphalt paths. Mr. Livergood said they can consider alternative materials in sensitive areas. Other materials could be stone, wood chips, asphalt, etc. Bituminous is less intrusive on tree roots, however costs 80% more. Stone and wood present ADA issues.

Penny Hajduk , 5520 S. Lyman, said she attended the staff meetings. The consensus was to have the sidewalk on the west side. They have concerns about notification of construction.

Linda Mikyska , 5533 Lyman, also expressed concerns about notification. She said that two years ago when the DuPage Water Commission installed the watermain on the east side of the street it was a very bad experience with bad contractors and bad communication with the residents. She hopes the Village will also install stop signs as the children there will be losing their bus transportation and will have to cross some dangerous intersections.

The Mayor said the P&T Commission will look at the street. Mr. Livergood said that staff believes the entire area of Lyman to Main should be studied at one time to provide an in depth study.

Regarding the Water Commission, Ms. Mikyska said she attempted to contact them; however, they never returned calls. She said the job was never completed properly. Mr. Livergood said he would provide a punch list of what still has to be done. The Mayor said he would bring this issue up at the next Water Commission meeting. Ms. Hajduk said the aprons were not put in properly either.

Steve Rusch , 5802 Middaugh at the southwest corner of Jefferson and Middaugh, said he questioned the premise of a sidewalk on one side of the street throughout the Village. He has lived there 40 years and the collective memory of the block is 70 years. There has never been a safety problem. It is a rural, pastoral area and sidewalk will damage that. Mr. Rusch said Mr. Livergood agreed to move the location to 10’ from the road in another area, and he would like that done at his home. The sidewalk will be too close to his home. He is completely opposed to the sidewalk and does not understand the Village’s insistence on installing it. Residents are only agreeing if it must be done. He said there are no safety concerns and never have been on their block, and he does not understand.

Mr. Livergood said they looked at the design and can do some modifications, but it would probably not be completely satisfactory. Mr. Rusch said the church will be expanding. He said the sidewalk proposed is simply too close to his home. He wants it put in the ditch area if it has to be done. That might eliminate the mosquitoes and standing water that has been in the ditch all these years.

John Spriet , 1209 Jefferson, said his first choice is no sidewalk. A compromise has been worked out with staff, but there is no safety issue as it is a dead-end street. The Mayor said that Mr. Livergood mentioned this is not a high priority street.

Betty Rigsby , 1962 Hitchcock, said her neighbors do not want sidewalks. She lives on the Pershing trunk of St. Joe’s Creek, and they might have to put up steel structures on her side of the street due to the swales. She moved there because of the rural quality of the neighborhood. She added that Hitchcock will eventually be blocked at Belmont by the proposed underpass, and the children who attend Puffer will continue to be bused.

The Mayor said with Hitchcock and Curtiss, they do not yet know the METRA design phase and the underpass could affect the sidewalks. He questioned whether the sidewalks should be put in at these locations until they know what the design phase will be. Mr. Livergood said they would have to stop short of the Frontage Road and the Public Works design does stop there. The Mayor recommended holding off on Hitchcock until the METRA design is available. He would hold on Curtiss from Belmont to Cornell, and Cornell, from Curtiss to Hitchcock. Commissioner Schnell agreed that they should hold off on that area and include another area. Commissioner Gilbert also recommended doing another area that is as high on the matrix and more stable.

Wally Pierce , 5300 Lee, said Lee Avenue is not in question, but he is present to support those who do not want sidewalks. He said that these people do not want sidewalks but other want it for them. He would like to see the cost of asphalt versus cement for the rural areas. Oak Brook uses it. He is upset that 100-year-old trees can be torn out. Mr. Pierce said he is concerned about safety but feels there must be other alternatives. He does not think everybody needs a sidewalk. The Mayor asked Mr. Livergood to get costs on the concrete versus asphalt sidewalks. He said that petitions turned into the Council show that residents on Lee Street were opposed to it, and 36 of 46 people on Elmore were in favor of sidewalks.

Leslie Doyle , 1911 Elmore, complimented Mr. Livergood on the project. She said that the Elmore and Lee issues are two separate projects. Lee Avenue residents don’t ever have to use Elmore. Their opinion should not be considered. There are approximately 92 residents on Elmore and the cul de sac, and 73 are in favor of sidewalks. The others were either against it or had no opinion. She noted that the initial request for the Village to look at Elmore Avenue was based on traffic and safety incidents. Ms. Doyle then addressed the idea of neighborhoods having a rural feeling. She said that what makes an area rural is based on the population density. Elmore is not rural based on that criteria. Trees, curbs and lot size do not make it a rural area. They live in a densely populated area.

Robert Klute , 1740 Elmore, said he is opposed to sidewalks. He is a 24-year resident and the character of the neighborhood changed when they changed the zoning from R-1 to R-3. He said that it is not a dense area as there are 1/2 acre and 1/4 acre lots. He does not see sidewalks as a safety necessity and believes they will change the character of the neighborhood. He is an architect and planner and believes the environment needs to be controlled. He does not see traffic or safety as a major issue. Children will not be walking to school. He said many of the residents do not want the sidewalks and are being forced to take something against what they want. The Mayor said that the Council has received requests from a majority of residents on Elmore. Mr. Plude said they do not represent the majority.

Bert Theleen , 1812 Elmore, recalled other meetings over the years, and variances given to developers for narrow streets. He said the issue with sidewalks on the east side is that there is very little space and it will cause more accidents. He believes the street issue to be more serious than the sidewalks. He then asked about the time frame. Mr. Livergood responded that they would like to go out to bid in the next two weeks. Staff would complete the final design and go out to bid. There would be no formal construction meetings. Contractors are given 2-3 weeks for bid response, and he does not see construction beginning before July. Mr. Theleen asked whether two weeks is enough time for the Council to adequately study the issue. He then asked if Elmore is entirely incorporated and Mr. Livergood said that the Village has the right-of-way. The Mayor responded that Elmore is incorporated. Mr. Livergood said some portions of private properties are unincorporated but the street right-of-way is incorporated.

Christopher Barbour , 1931 Elmore, said the sidewalk will be on his side of the street and his agenda is primarily safety. Of the 92 homes there are 100 children. One of the densest areas has a dip in the road, and it is very dark at night. People drive over the speed limit, and pedestrians have no place to get off the road. Safety is the primary concern.

Patty Jeka , 1961 Elmore, said she lives on the side where the sidewalk is proposed. They need the sidewalks and she asked that the Council pay attention to the comments, e-mails, letters, etc. Not all residents have lived in the Village for 40 years. Many have moved here for a variety of reasons, hoping the community would change and grow. She does not want to walk on the street and hoped they would move forward.

Mark Cieslarski , 1954 Elmore, said that the area has already changed in the six years he has lived here, and he believes they should follow through on the design.

Jim Swick , 1760 Elmore, said he has been a Downers Grove resident since 1950 and is opposed to the sidewalks. He would like the Village to consider alternatives to concrete if they must install them.

Chris Fregeau , 1918 Elmore on the north side of the street, said reviewing the minutes of previous meetings it is clear to her that the Council’s desire for resident input was to determine priorities, not if there would be sidewalks. She said the invitation for input has taken on a life of its own, and communication has broken down on Elmore and pitted neighbor against neighbor. Ms. Fregeau said that staff has been accessible and cooperative and flexible. Changes were made based on resident input. She wished some of the Commissioners had attended the meetings. She reviewed what has transpired as a result of the meetings, noting that staff has listened to the concerns and trees have been spared, compromises made for design, and plans for tree replacement. Ms. Fregeau said the neighborhood continues to grow. The country look needs to be respected but safety comes first. She noted that the neighborhood character changed when 50+ homes were built in the 1980s.

Ms. Fregeau said it is time to realize the Village goals. Regarding the petitions, Ms. Fregeau said there are multiple signatures per household, which presents an inflated sense of the true opposition to sidewalks on Elmore. The people who live on the three cul de sacs are constant users of Elmore as it is their only egress from their homes. She asked that the Council recognize the majority of people who have supported sidewalks and have paid fees for the sidewalks through a Village mandate. She would like to see them proceed with the sidewalks in the public right-of-ways, and start a healing process on Elmore Street.

Commissioner Sisul said there were two aspects to this issue. He asked if the meeting with staff was beneficial. Ms. Fregeau said it was accessible, flexible and beneficial.

Commissioner Sisul said that many people feel citizen input is important; however, she seems to feel that it has not worked in this situation. Ms. Fregeau responded that by not having a clear position on the threshold of consensus, it has come back to the neighbors to address the issues, and has resulted in arguments. She believes that the input is necessary and valid. In this situation, safety is the issue, and she wants the Council to help them be safer on their street and make the decision to move ahead.

Commissioner Sisul asked whether she believed the Council had already decided that the Village would have a sidewalk on one side of every street. Ms. Fregeau said she believed the Council had a goal that has been stated, restated, published and committed to with budget increases. She said she believed the Council endeavored to fulfill that goal.

Bernice Swick , 1760 Elmore, said she does not disagree regarding the safety issue. Regarding the petitions, she believes she is entitled to put her name on a petition together with her husband. She does not like to be classified as someone who is more concerned about her landscaping than about safety. Ms. Swick said she reserves the right to sign her name on any petition she wants.

W.H. Whowell , 5417 Lee Avenue, said he likes trees. He said that engineers are grossly lacking in information to prevent construction damage to trees. He said that a Village engineer told him that was not their concern. Mr. Whowell then spoke to a horticulturist from the Morton Arboretum who said that if a tree’s roots are damaged the tree has to regenerate the roots or die. Mr. Whowell said that oak trees grow so slowly they cannot save themselves when there is root damage. He asked whether the Village is planning on negotiating with the homeowners if the trees died within 5 years of construction. Mr. Livergood said that the Village trees are located on Village property. They are trying to stay away from any private property.

Joanne Norgle , 1952 Elmore, said when she walks down the street she feels like a moving target. When she moved into the area she thought the sidewalk fund meant sidewalks would be built. There is no place for rollerblading, biking, etc., and there are over 100 children between Belmont and Lee. She wants a safe place for her children and her neighbors.

Mary Ellen Young , 1821 Elmore, thanked Mr. Livergood for his work with the residents. She said this process began early in 1997 due to a near accident on that street. She has read pages and pages of Council minutes, and no one said they were opposed to sidewalks. She is in favor of the sidewalks and they will be on her side of the street.

Jim Chow , 1900 Elmore, commended the Village for its concern for the citizens. He has four children who must walk to the bus stop every day. It is bad in the summer and worse in the winter. He is fully supportive of the sidewalks for the safety of the children.

Kathleen Schaffer , 1811 Elmore, said she never road a bike or walked on a sidewalk and was never injured. She does not think a sidewalk is necessary in her area.

Kathleen Lawlor , 1749 Elmore, said the emotional issue regarding sidewalks was addressed in the TCD II comments. Ms. Lawlor said she is not in favor of sidewalks, and she regrets that it has become such a difficult issue for the neighborhood. She agreed that the Public Works staff has been wonderfully responsible. Ms. Lawlor said this is not simply an issue of safety, but also of retaining the beauty of the neighborhood. Denburn Woods and Bending Oaks are beautiful. She commended Commissioner Schnell for actually driving through the neighborhood to see what was being talked about. Residents are opposed to destruction of the wooded areas and construction of 5’ concrete sidewalks. Ms. Lawlor said Commissioner Schnell did bring up the possibility of alternatives. She said that Mr. Livergood was very frank about discussing the plans for Lee Street as well. She thinks that this evening is decision-making time and she would like the Council to consider alternative measures, and would like to have some acknowledgment of that. The Mayor said that the Council is coming close to that decision. Ms. Lawlor asked what would allow the Council to make that decision and would it be based on the number of petitions, placards, people at meetings, etc. She does not know where they stand on this issue, but wants the Council to explore alternatives.

Commissioner Gilbert asked what alternatives she has in mind and Ms. Lawlor said based on what they have seen in Oak Brook, Woodridge and Lisle, it would be a blacktop. The Commissioner asked if there are any other alternatives, and Ms. Lawlor said not at the moment.

Jay Fregeau , 1918 Elmore, said the majority of what has been said concerns the safety and security of the children. There are teenagers, hills, cul de sacs, other developments and the matrix has been done showing a priority for the street. He is sorry that some people have not been paying attention to this over the past 3-1/2 years, but he believes this must be done now.

Commissioner Sisul asked whether the issue is whether there will be sidewalks, or when there will be sidewalks. The Mayor said the issue is whether they will be done this year. Commissioner Sisul said the issue is not to change the existing policy. The Mayor said that was correct. The exception of Curtiss, Cornell to Hitchcock, will wait until after the METRA plans are planned.

Commissioner Gilbert said that the Councils do not support or cause density. The area is becoming urbanized whether we like it or not. He said that the Council’s job is to manage the situation. Safety, feasibility and cost are factors he considers, and the majority opinion is not always the biggest factor. He thanked everyone who came to speak on this issue.

Commissioner McConnell said that in driving Elmore and Lee she thinks it is a busy street, and she is in favor of the sidewalks. She said that staff should continue to look at creative alternatives for the sidewalks.

Commissioner Schnell asked whether it would be possible to bid both concrete and asphalt, and Mr. Livergood said they could bid it as an alternative. Commissioner Schnell said that would send a message that the Council does want the sidewalks but is sensitive to the needs and desires of the community.

The Mayor asked whether that would involve two different design phases, and Mr. Livergood said it would be a matter of inserting the details.

Mayor Krajewski said to the residents that the Commissioners do take the time to look at the streets and areas that are under consideration.

Commissioner Sisul expressed his concern about how this issue has evolved, and that the neighbors felt that this was an issue of numbers. He said the issue was not whether this would go forward, and if that was not clear that was the Council’s responsibility. He said this was an excellent example of staff working with people. He does not want to put this into an issue of counting heads. The concern is about the Village as a whole. It is a changing community and they must take into account other means of transportation. He appreciates the people taking their personal time to come out and express themselves. He repeated that the decision is not whether, but when.

The Mayor said they would not be discussing Lee Street tonight, and that they would not be implementing anything this year.

Westmont Surface Water Protection District – Discussion. The Manager said that he placed this on the agenda because he was not aware that there is a single purpose district that handles storm water management.

Deputy Manager Jerry Sprecher said that this is a unique district, and is the only one in the state designated to handle surface water runoff. It is bounded by 39th Street on the north, Maple Avenue and Naperville Road on the south, and Cumnor and Cass on the west and east. It involved the Village of Downers Grove, Westmont and unincorporated residents, and was established in the 1950s. Mr. Sprecher said that about 1/3 of the District’s residents are Downers Grove residents. He indicated that there are two problems. 1) The District does not have the kind of revenue they need to manage stormwater annually, taking in about $60,000 per year in their property tax assessment. As a result they have to approach the Village and County to help manage their affairs. Unfortunately, according to statutory provisions, the District is the sole provider of stormwater management services, and the Village has no authority to exercise any authority within District boundaries. He said this has not been a critical issue over the years.

Mr. Sprecher said that the County has hired McDonough Associates as a consultant to review the status of the District. He said that the District would appreciate the Village’s assistance, and he is working with them in some stormwater issues. The Village staff is somewhat frustrated in that it recognizes that its involvement should be limited by virtue of the statutes, but service must be provided to our residents as well. He said staff is walking a fine line in responding to residents’ requests. He asked the Council what they want the relationship to be in the future, and whether to leave it status quo or seek their dissolution.

The Mayor said the residents in the district are the only ones who can dissolve the District, and Village Attorney Blondin said that was correct. They cannot break up the continuity of service, and have to show that there is no benefit. The Mayor asked if there has been discussion of dissolution, and Mr. Sprecher responded there was no discussion to his knowledge. In his opinion, the District would like to have the Village be informally involved.

The Mayor asked about the area. Mr. Sprecher said that south of Ogden Avenue is a ditching problem. North of Ogden there are improved streets. Down the road there will probably be maintenance and major improvements issues that might appear.

Commissioner Schnell asked whether the Downers Grove residents understand that they are governed by this Stormwater District. She believes there is a need for an educational process in this regard. Mr. Sprecher said when the Village receives a call from residents in that area they are advised of the District. He noted, however, that as a practice, if it is a matter of ditching, the Village does it. As a result, the residents have not been complaining loudly. He agreed that the residents might not have a true understanding that this service shows on their tax bills.

Commissioner Schnell said if the needs are identified in terms of what may need to be done in the future, and those services would have to be taxed, the people might wake up quickly. She sees a need for educating the people as to the situation with this District.

Manager McCurdy said that the Village could get letters out to the residents. He said their consultant, Fred Bushman, of Wight Consulting, has been present at the Coffee with the Council meeting. Mr. Sprecher clarified that the District has no employees, but has an on-going consultant.

Commissioner McConnell asked if there would be benefit to the Village facilitating a meeting with the District so they would have information to present to the residents. Mr. Sprecher said there will be a continued meeting at the County on June 9 to review the County’s consultant’s report. His concern is that the Village’s residents might be in a situation where they might have to pay a double tax.

The Mayor noted that the Village is prohibited from making any major improvements, and could not make major expenditures in that area.

Commissioner McConnell asked about the next step, and the Manager said he would come back to the Council with additional information and possible options.

Mr. Wally Brown said the Village needs to find out what is going on.

VISITORS

Marilynn Gerloff , 4241 Highland, said she is sad and disturbed about the direction she sees the Village taking. It’s like pitting one neighbor against another with every issue that comes up, such as the Park District pool issue, and now the sidewalks. She believes that the Village residents need to be supportive.

Commissioner Gilbert said that is a good point and a real problem. It has been going on for quite a while. There are multiple opinions and it is a matter of tolerance.

Steve Crifase , 5220 Lee, said he has three boys who attend St. Joseph School. He said if there is so much concern about safety, why is there no stop sign at Lee and Elmore. It seems to him it is an inexpensive way to control traffic speed. He also is alarmed about the process he will participate in regarding sidewalks on Lee Street. He asked when the Lee street process will begin and how will the residents be kept informed. The Mayor responded that is a year from now, and staff will be charged with keeping the area informed. Mr. Crifase asked whether this is a done deal.

Commissioner Sisul said that the Village policy is to have sidewalks on one side of the street throughout the Village, and the policy is not being reconsidered. Lee Street is a street in Downers Grove. The question now is not whether there will be sidewalks. The question now is a matter of establishing when they will be put in based upon various factors. These are issues of safety. He noted that Lee Street is low on the matrix.

The Mayor noted that asphalt, paths, bikeways could also be considered. He said that staff will look at the stop sign issue.

Janis Farrington , 5211 Lee, said she was concerned about having sidewalks on Lee Street. The residents should be notified as soon as possible. She recommended a 3-way stop sign and alternative paths that the residents could pay to make up the difference in costs. She would like to be notified in the future of any plans, and would like the Lee Avenue residents recognized and asked them to stand. She said in the 23 years she has lived there she was never aware of any studies or asked for her input. The Mayor thanked the residents for attending.

Bill Stecher , 5138 Lee, said it is not an engineering problem, but a design problem. The people want to maintain the character of the neighborhood. They must think positively about how sidewalks can be put in.

The Mayor said that they heard tonight from a lot of different areas. Staff has talked with residents and attempted to make changes in the design where feasible.

Kathy Veronda , 1110 Grove Street, said she was concerned about the noise level that the residents experienced during the Brewers Fest. She cannot make the June 6 Council meeting, and as President of the Park Grove Condominiums wanted to let the Council know that there are concerns with the proposed sidewalk café for the Founders Hill Brewery. Ms. Veronda noted that the Grove Street residents are not just a few people. Park Grove Condominiums has 50 units with 64 residents, and 4 children. The adults range in age from 25-92 years old. She said 40% of the residents are professionals, and 60% are retirees. She said the building should be considered as 64 residents who are concerned with the noise level. The proposed café will be on a residential street and the residents are concerned about business encroachment onto a residential street.

Chuck Keenley , 1014 Mistwood Lane, said he is relatively new to the area. He read excerpts of a letter he sent to the Council earlier in the week expressing his support of Mr. Montesantos original petition for the sidewalk café. He said that he believes Mr. Montesantos has responded to the reasonable concerns of the residents and has also taken on a financial risk and an activity that is seasonally limited. He said that the outdoor café will open the door for other establishments to succeed in their businesses. He believes the café will engender more community spirit and more businesses will put money into their community.

Marilyn Weiher , 4808 Wallbank, said she supports the café for the brewery and hopes the Council will approve it. She said the downtown areas are becoming places for unique specialty stores, personal service and entertainment. Ms. Weiher said she did not feel the café should be compared to the Brewers Fest. Retailers have to entertain their customers today, and in particular this is true of restaurants. Residents of the western suburbs are sophisticated and do not have to stay in Downers Grove for that entertaining. Founders Hill is located in the Central Business District and as such needs the tools to enable them to take advantage of all business options.

Sue Petkus , 1049 Grove, said she likes to patronize Downers Grove businesses. She referred to the caller’s comments in the Friday Reporter Sound Off column about the café, which she feels reflects the feeling of many residents in Downers Grove and other Villages. People are skeptical about the relationship between the businesses and governing bodies, believing that done deals are the norm struck behind closed door meetings. She does not believe that is true, as she has always received a concerned and respectful response from Village staff. She then thanked those businesses that appeared at the Council meeting in support of the Founders Hill café, as they provided her with a valuable civics lesson. Ms. Petkus said that is why she is present at this meeting. She wanted the Council to know how much she loves living in Downers Grove, and that is why she is protective of the residential nature of Grove Street. Their home is there, and that home is their haven and serenity. It is the one thing that is theirs. She said that the café will compromise the ambience and sense of well-being the residents have worked so hard to achieve. Past performance tells them it will happen. She wants to preserve the character of her neighborhood, not alter her lifestyle because of this proposed café.

Steve Petkus , 1049 Grove Street, said he found the sidewalk comments interesting, and he can sympathize with the people who live in a rural area and don’t want sidewalks; however, he added that the sidewalk does not make noise from noon until 10:00 p.m.

Kathy Veronda , 1110 Grove Street, responded to the woman who said the sidewalk cafes were essential to bring in businesses to the downtown area. She said that the criteria to bring in dining dollars is menu, quality of food, and service.

Wally Brown , 1308 Gilbert, asked the Council to reconsider its mandate to put sidewalks on one side of every street. There are many streets where this does not make sense. He said they cannot take a cookie cutter approach. If they believe sidewalks should eventually be put on every street in places like Orchard Brook, Clyde Estates, Denburn Woods, etc., it makes no sense. He understood safety issues, but not to say it has to be on every street no matter what.

Commissioner Sisul said there are sidewalks in Orchard Brook.

There being no further discussion, the Mayor called for an adjournment to Executive Session.

Commissioner Schnell moved under sections 2©(1), 2©(3), and 2©(11) of the Illinois Open Meetings Act to adjourn to Executive Session for the purposes of discussing pending litigation, property acquisition and personnel matters. Commissioner Sisul seconded the Motion.

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

Mayor Krajewski declared the Motion passed and Council moved into Executive Session at* * 11:03 p.m.

April K. Holden Village Clerk tmh/