October 03, 2000

1. Call to Order

Mayor Brian Krajewski called the regular meeting of the Village Council of the Village of Downers Grove to order at 6:30 p.m. in the Council Chambers of the Downers Grove Village Hall.

Pledge of Allegiance to the Flag

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

2. Roll Call

Present: Commissioner Michael Gilbert, Commissioner Thomas Sisul and Mayor Brian Krajewski Absent: Commissioner Marilyn Schnell and Village Clerk April Holden Non Voting: Deputy Village Clerk Linda Brown

3. Minutes of Workshop and Council Meetings

Executive Session for Approval Only – September 12, 2000 Council Meeting – September 19, 2000 Workshop Meeting – September 26, 2000 Executive Session Minutes for Release – 9/25/95, 12/15/97, 2/23/98, 6/29/98, 8/31/98, 11/30/98, 5/10/99, 6/7/99, 6/21/99, 6/28/99, 7/19/99, 8/2/99, 8/9/99, 8/23/99, 9/7/99, 9/21/99, 10/12/99, 10/26/99, 11/9/99, 11/23/99, 12/21/99, 1/18/00. 2/1/00, 2/15/00, 5/2/00, 5/23/00 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

Swearing In Ceremony

Police Chief Rick Ginex introduced Officer Michael DeVries who is joining the Downers Grove Police Department. He gave a brief background on Officer DeVries, and then asked the Village Clerk to swear him in. The Mayor congratulated Officer DeVries and welcomed him to the Village Police Department.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

1. Rita Martin, 4942 Montgomery, commented regarding the Final Plat approval of 4S Associates, stating it was last discussed on August 1. She knows of no other follow up Workshop or Plan Commission meetings on this topic. The Village Manager said it was discussed at Workshop three weeks ago. Ms. Martin said there are concerns in the neighborhood about the wisdom of developing the lot in terms of flooding and other problems that might occur. She said as of August 1 the engineering had not been completed. Ms. Martin said she spoke to Mr. Jungwirth and Chrys Rymas of the Engineering Department on this issue as well.

The Mayor confirmed with Manager McCurdy that this is merely approval of the subdivision. If there is a plan to develop the property the developer will have to comply with the stormwater requirements. Manager McCurdy said that the stormwater issue is a permitting process, and at the time a permit is requested the Village will make sure that the developer complies with the stormwater ordinance. As of now, no plans have been submitted.

Ms. Martin said that she has information that some structures were put in to accommodate the removal of the 36” storm drain. Ms. Martin expressed concerns as to what will occur with the water and how it will effect residents. She said others have told her that detailed plans are available for this property.

Ms. Martin also expressed concern regarding water quality, stating that the property was formerly contaminated and could still be. She said the last communication she had regarding the landscaping business previously on that property was that the property was supposed to be cleaned up by Mr. Spreeman’s people. Biorem, Inc. was supposed to study the property and indicated that they had completed the job, according to Ms. Martin. She suggested that the Village study acquiring some vacant parcels that have water and flooding issues to alleviate potential flooding problems.

The Mayor said that the Village Council has acquired properties in the past to aid in flooding problems, such as at Lee and Gilbert, and at 55th & Webster.

2. Lawrence Randall, 1530 Warren, addressed the same issue on the 4S Associates property. Mr. Randall said his home has flooded in the past to the first floor. He said that the preliminary drawings for the property show that the existing 36” culvert will be capped and removed and they will tap into an existing stormwater drain. He questioned the elevations of the stormwater drains which didn’t make sense to him, and asked why the 36” culvert could not be extended to the street. He asked who would look into this.

The Mayor said that the Village follows the County stormwater requirements which are very strict. He noted that there were several staff members available at the meeting with whom he could discuss this.

Mr. Randall said he was concerned that the removal of the 36” culvert will remove the neighborhood’s safety valve for a 100-year rain. Manager McCurdy said he would have staff look into this further and would asked Mr. Rosenthal and Mr. Jungwirth to discuss this with him. He asked that Mr. Randall provide his name and address to Deputy Manager Sprecher for follow up information.

3. Martin Smego, 25 E. 59th Street, Westmont, stated he was an owner of 4S Associates. He stated that his company has gone to great lengths to follow the Village Council’s Code and the Engineer’s recommendation regarding the stormwater regulations for the site. Regarding the issue of toxicology levels, it is a moot point because this issue has nothing to do with the lots in this subdivision.

4. Scott Krafthefer, 4937 Oakwood, east of the proposed development, stated he was a prospective purchaser of the site. He has been involved with Phase I and looked at the engineer’s drawings. His opinion is that they are adding the 12” inlet and outlet it is an improvement to the property. He added that if the 36” main remains on the site it would make the property unbuildable.

B. Comments and Questions on General Matters

There were none.

5. Public Hearings

There were none.

6. Consent Agenda

COR00 -00231 Claim Ordinance: No. 5349, Payroll, 10/3/00 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -00232 List of Bills Payable: No. 5350, October 3, 2000 The Mayor said the Manager has his questions. A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -00235 Bid: Change Order for $28,000 to Civiltech Engineering, Inc. for Professional Engineering Services for Maple Avenue/BNSF Railroad Crossing Study Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Main Street Resurfacing

Passed The Consent Agenda

A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski

7. Active Agenda

ORD00 -00218 Ordinance: Final Planned Development Approval – Good Samaritan Cancer Care Center Sponsors: Plan Commission Summary of Item: Mayor Krajewski said at their meeting of August 1, 2000, the Plan Commission unanimously recommended approval of the final plans for the Good Samaritan Cancer Center.

AN ORDINANCE APPROVING A FINAL PLANNED DEVELOPMENT PLAN TO PERMIT A CANCER CARE CENTER ON A PORTION OF PLANNED DEVELOPMENT #19

ORDINANCE NO . 4219 The Mayor said that the Hospital and the Pierce Downer Heritage Alliance worked well together to have the healing garden planned satisfactorily for all parties. It will be a wonderful addition to the Hospital. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Planned Development #19-Good Samaritan Hospital

RES00 -00228 Resolution: Final Plat Approval of Subdivision – 4S Associates L.P. Subdivision, 1501 Warren Sponsors: Plan Commission Summary of Item: Mayor Krajewski said at their meeting of August 1, 2000, the Plan Commission recommended (six in favor and one abstention) approval of the final plat of subdivision for 4S Associates L.P. Subdivision and that no dedication of right of way for Warren Avenue be required.

A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR 4S ASSOCIATES L.P. SUBDIVISION

RESOLUTION 2000 -42 Commissioner Gilbert asked if there was a storm drainage plan available at this time.

Bob Jungwirth, Village Engineer, said that the plans presented several months ago have been reviewed and corrected for engineer approval. The engineering is complete. There were some administrative items absent that have subsequently been taken of.

Commissioner Gilbert asked for confirmation that Mr. Jungwirth was comfortable that the stormwater needs of the area are addressed with the plans submitted. Mr. Jungwirth responded that he was very comfortable with the design. He is disappointed and surprised that the residents have some misconceptions and misinformation as to what is being proposed, and what portion of the Village’s stormwater system is being retired. He said he already has spoken with Mrs. Martin and is willing to speak with her and the neighbors again. He has the plan available to explain the complex piping issues for the site. He said the plan meets the property codes.

Commissioner Gilbert noted that the question before the Council is the lot split. Mr. Jungwirth said that in terms of public improvements the plans are complete. The final plans for the second lot are not yet completed, and are not necessary for approval of the final plat. A motion was made by Commissioner Gilbert to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul and Mayor Krajewski Indexes: Subdivision – 4S Associates L.P. Subdivision, 1501 Warren

ORD00 -00225 Ordinance: Amend Municipal Code Concerning Scavengers Sponsors: Deputy Village Manager Summary of Item: Mayor Krajewski said this shall prohibit scavengers to operate in Residential Districts and within 1,000 feet of any Residential District prior to 6:00 a.m. and after 7:00 p.m. Monday through Friday and prior to 7:00 a.m. and after 7:00 p.m. on Saturdays, Sundays and national holidays.

AN ORDINANCE AMENDING ARTICLE 15 , CHAPTER 8 OF THE DOWNERS GROVE MUNICIPAL CODE CONCERNING SCAVENGERS

ORDINANCE NO . 4220 A motion was made, seconded by Commissioner Sisul, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Scavenger-Hours

RES00 -00224 Resolution: Authorize Execution of an Addendum to a Lease Renewal with the Downers Grove Area Chamber of Commerce for 1015 Curtiss Street Sponsors: Deputy Village Manager Summary of Item: Mayor Krajewski said this will authorize execution of an addendum to a lease agreement between the Village of Downers Grove and the Downers Grove Area Chamber of Commerce for office space located at 1015 Curtiss Street. The term of the lease will be extended to August 31, 2001. Monthly rent will be increased to $1,100.00. This office is staffed by Village personnel to provide information to the public relating to the redevelopment of the Central Business District.

A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO A LEASE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE AREA CHAMBER OF COMMERCE FOR 1015 CURTISS STREET

RESOLUTION 2000 -43 The Mayor said that the Village Manager would be contacting the Council with regard to options for Block 117. It will be used as temporary parking in the meantime. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Lease to Village

RES00 -00233 Resolution: Support Attorney General James Ryan re: Violent Video Games Sponsors: Downers Grove Village Council Summary of Item: Mayor Krajewski said this will express support for a program initiated by Illinois Attorney General James Ryan related to video games with violent content.

A RESOLUTION EXPRESSING SUPPORT FOR INITIATIVE IN RELATION TO VIOLENT VIDEO GAMES AND MINORS

RESOLUTION 2000 -44 Commissioner Gilbert complimented Commissioner Sisul for bringing this issue to the Council’s attention. The Mayor agreed and asked the Village Clerk to read the actual Resolution for the benefit of the public.

The Mayor noted that the City of Chicago is also investigating this issue.

Commissioner McConnell asked if all retailers selling videos in town will receive a copy of this Resolution, and Commissioner Sisul said there are only two retailers, Best Buy and Circuit City. He agreed that a letter and Resolution should be sent to those two retailers. The Mayor said a copy would also be forwarded to the Attorney General’s office. A motion was made by Commissioner Gilbert to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul and Mayor Krajewski Indexes: Attorney General, Violent Video Games

RES00 -00240 Resolution: Continue Participation in the Suburban Tree Consortium and Authorize Certain Purchases for FY 2000 /2001 Sponsors: Forestry Summary of Item: Mayor Krajewski said this will express the Village Council’s intent to participate in the Suburban Tree Consortium. Basically, this will require that the Village commit to a five year projected order for trees for parkway plantings. This commitment is subject to annual budgeting limitations by the Village. In addition, this authorizes purchases from the Consortium in an amount not to exceed $57,000.00 for FY 2000 /01.

A RESOLUTION EXPRESSING INTENT TO CONTINUE PARTICIPATION IN THE SUBURBAN TREE CONSORTIUM AND TO AUTHORIZE CERTAIN PURCHASES FOR FY 2000/2001

RESOLUTION 2000 -45 The Mayor asked if 172 trees would be purchased each year, and the Manager said his understanding was that the 172 was for this fall’s purchase only. A motion was made, seconded by Commissioner Sisul, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Tree Consortium, Forestry – Tree Consortium

RES00 -00237 Resolution: Authorize Agreement with Metricom Wireless re: Village Hall Lattice Tower The Mayor said he understood that Metricom would provide 20 licenses at half the cost to the Village. Village Attorney Blondin confirmed that was in the existing franchise agreement with Metricom. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Antenna Equipment, Metricom Wireless, Village Hall Lattice Tower The Mayor said that interviewing for the Technology Commission has been completed. He asked the Village Clerk to read the Resolution.

RES00 -00244 Resolution: Appointments to Technology Commission Sponsors: Mayor Summary of Item: RESOLUTION APPOINTING MEMBERS TO THE DOWNERS GROVE TECHNOLOGY COMMISSION

RESOLUTION 2000 -47 Commissioner McConnell welcomed the members of the Commission. The Mayor noted that Will Hutchinson, who volunteered his computer services at a Coffee with the Council, will serve on that Commission as well. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Technology Commission – Initial Appointments

8. Mayor’s Report

Materials to be Received – Minutes

Human Service Commission – 9/6/00 Liquor Commission – 8/3/00

Materials to be Received – Monthly Reports

Code Services & PSRT for August 2000 A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Materials to be Placed on File

New Business

The Mayor said a letter was received from the Illinois Environmental Council thanking the Village of Downers Grove for passing a resolution regarding supporting the Clean Air Act.

Proclamations

The Mayor proclaimed October as Pediatric Cancer Awareness Month in Downers Grove.

The Mayor proclaimed October as National Breast Cancer Awareness Month, and October 20th as National Mammography Day in Downers Grove. He noted that Congresswoman Biggert has a Commission conducting a study on breast cancer in DuPage County.

The Mayor proclaimed the week of October 8-14, 2000 to be the GFWC Illinois Junior Week in the Village of Downers Grove to recognize the contribution of the volunteer members of the Downers Grove Junior Women’s Club.

Lori Graham, President of the Downers Grove Junior Women’s Club, said that during Junior Week the Club supports growth and encourages new membership. They raise approximately $40,000 per year and attempt to give much of it back to the community. She said that they have had a record of 27 new members joining the Club this summer.

9. Manager’s Report

Manager McCurdy said the downtown project is close to completion, as is the summer sidewalk project. The Mayor noted that Phase IV of the engineering program is 70% completed as well.

10. Attorney’s Report

Future Active Agenda

Village Attorney Blondin said he was presenting three items.

He also noted a fourth ordinance in the Council’s packet which will be the subject of a future Workshop.

ORD00 -00241 Ordinance: Amend Speed Limit on Roslyn Road Sponsors: Parking & Traffic Commission Summary of Item: Mayor Krajewski said this shall reduce the speed limit on Roslyn Road from Ogden to Maple Avenue from 30 MPH to 25 MPH .

AN ORDINANCE AMENDING THE SPEED LIMIT ON ROSLYN ROAD

ORDINANCE NO . 4221 Indexes: Speed Limit – Roslyn, Ogden to Maple

ORD00 -00239 Ordinance: Amend Zoning Ordinance re: Concentrated Business District Sponsors: Zoning Commission Summary of Item: Mayor Krajewski said at their meeting of July 20, 2000, the Zoning Commission unanimously recommended adoption of this ordinance which will amend the boundary definition of the Concentrated Business District.

AN ORDINANCE AMENDING THE DOUNDARIES OF THE CONCENTRATED BUSINESS DISTRICT

ORDINANCE NO . 4222 Indexes: Zoning Ordinance – Concentrated Business District

ORD00 -00238 Ordinance: Amend Certain Provisions of Chapter 28 – Zoning Ordinance Sponsors: Zoning Commission Summary of Item: Mayor Krajewski said at their meeting of July 20, 2000, the Zoning Comission unanimously recommended adoption of certain amendments to the Zoning Ordinance regarding the number of principal structures permitted per zoning lot, accessory structures and uses, permitted yard obstructions and time limits for Special Use permits and extensions.

AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 28 – ZONING ORDINANCE

ORDINANCE NO . 4223 Indexes: Zoning Ordinance – Structures, Zoning Ordinance – Obstructions, Zoning Ordinance – Special Use

11. Council Member Reports and New Business

1. Commissioner Gilbert said he recommends approval of reappointments to the Stormwater Commission and the Visitors Bureau at next week’s Workshop.

He reminded everyone that the Fire Department Open House is this coming weekend, and on Friday Night, October 13, the Department will conduct its Sixth Annual Silent Parade.

Commissioner Gilbert said there are a lot of days left until the next Heritage Festival.

The Mayor added that the Fire Department Open House will be from 10:00a.m. -1:00 p.m. on Saturday, October 13, at Station 5 adjacent to McCullom Park.

2. The Mayor asked about new grants, and Manager McCurdy said that there has been a small technical grant received for the Police Department.

Convene into Executive Session

Commissioner Sisul moved to adjourn to Executive Session to discuss land acquisition and pending litigation. Commissioner Gilbert seconded.

VOTE : YEA – Commissioners Sisul, Gilbert, McConnell, Mayor Krajewski

Mayor Krajewski declared the motion carried. He said the Council would return after the Executive Session to conduct further business.

The Village Council reconvened after Executive Session at 8:20 p.m. The Mayor asked the Council to waive the traditional one-week waiting period.

Commissioner Sisul moved to waive the one-week waiting period for the discussion of new business. Commissioner Gilbert seconded the Motion.

YEA : Commissioners Sisul, Gilbert, McConnell, Mayor Krajewski

The Motion carried. The Mayor then asked the Village Clerk to read a Resolution Authorizing Execution of an Agreement between the Village of Downers Grove and Collins Davis Appraisal Group and William A. McCann and Associates. The Clerk read the Resolution.

RES00 -00245 Resolution: Authorize Agreement with Collins/Davis Appraisal Group and William A. McCann & Associates re: CBD Redevelopment Projects Sponsors: Manager’s Office Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND COLLINS /DAVIS APPRAISAL GROUP AND WILLIAM A . McCANN & ASSOCIATES

RESOLUTION 2000 -48 Commissioner McConnell said she was not against this issue, but based upon information she recently received she is not comfortable making a positive recommendation at this point in time.

The Mayor said these appraisals are necessary to move forward with the implementation of a parking deck in the downtown area. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Central Business District

12. Adjournment

Commissioner Sisul moved to adjourn. Commissioner Gilbert seconded.

VOTE : YEA – Commissioners Sisul, Gilbert, McConnell, Mayor Krajewski

Mayor Krajewski declared the motion carried and the meeting adjourned at 8:25 p.m