February 05, 2002

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, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Absent: Village Clerk April Holden Non Voting: Village Manager Riccardo Ginex, Village Manager Riccardo Ginex and Deputy Village Clerk Linda Brown

3. Minutes of Workshop and Council Meetings

Council Meeting – January 15, 2002 Workshop Meeting – January 22, 2002 Special Council Meeting – January 22, 2002 Executive Session Minutes for Approval Only – January 8, 2002 & January 15, 2002 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

Swear In Police Officers

Recognition

Police Chief Porter introduced DARE Officers Leana Sedivy, Peggy Michalski and Todd Niewold to make their presentation.

Officer Niewold thanked Hart’s Garage, and J&J Auto Body for their generosity and commitment to the Downers Grove Police Department and the DARE program. The Department obtained a 1989 Pontiac which was seized in a drug raid, and will be used in parades and special events. Hart’s Garage provided the new paint and front bumper repair. J&J Auto Body of Bolingbrook then provided service to the vehicle as well as custom lettering and details. Plaques in appreciation were then presented to representatives of the two companies.

Chief Porter then introduced four new police officers to the Downers Grove Police Department. The new officers are William A. Meyers, Randy J. Caudill, Mark L. Wiggins, and Jason C. Glaser. The Deputy Village Clerk swore them in.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

Janice Farrington, 5211 Lee Avenue, said she represented some of the residents living in the area between Gilbert and Maple regarding sidewalks on Lee Avenue. The residents care about safety and the unique character of their neighborhood. She said that the trees and natural landscaping make their neighborhood an extension of the Maple Grove area. She said that Lee Avenue’s charm makes it a path for walkers, bikers, skaters, joggers, etc. Ms. Farrington said they understand the Village’s plan to construct sidewalks down one side of most streets in Downers Grove; however, she said there is a statement in the plan that the Village Council recognizes that it may not be necessary or feasible to construct sidewalks on all streets . She asked whether that Resolution was current or had been amended. The Mayor said to his knowledge it was still current.

Ms. Farrington said the concrete sidewalks in some areas are proposed to be as close as one foot to a property line. She said this will create tree damage, and noted that it takes a maple tree 15-20 years to grow to a 6”diameter tree. She asked how engineering will provide for the wetlands and how maintenance will take place in the winter. Ms. Farrington made some suggestions as alternatives to sidewalk installation including enforcement of the 25 mph speed limit, consider reduction of the speed limit, install “pedestrian ahead” signs and remind pedestrians to walk against the flow of traffic. In addition she recommended that speed bumps or other methods be used to inform drivers of the speed limits, widen the shoulders of the roadways, build a woodland path using natural materials. She stated that the homeowners are interested in working with the Village to improve safety and be responsible for the wooded environment. Ms. Farrington said the taxpayers should know what the cost estimates for the sidewalks are, and what the budget is for Lee Street. The Mayor said that the Council is working on the budget at this time. There will be more information by April 1.

Maureen Farrington, 5211 Lee Avenue, then read a poem to the Village Council that she wrote in regard to who cares about trees and how the environment will be effected by neglecting care for the trees.

Dr. Gordon Goodman, 5834 Middaugh, said he supported Ms. Farrington’s position in regard to the impact of sidewalks to the trees in certain neighborhoods, particularly Maple Grove and Denburn Woods He said that there will be an all-day seminar on February 16 at Morton Arboretum regarding fragmentation of natural areas, and recommended that Village staff attend. He said it is important to live with and preserve high quality areas. Dr. Goodman stated that the Village should study the individual streets to determine the ecological features of a special area.

Dr. Goodman then addressed the issue of the meeting agenda packets, saying that he can no longer obtain agenda packets with background information on the Internet. He said he hoped that the full agenda packet will be available on the Internet. The Mayor said a staff person would call him. Dr. Goodman recommended that it might be possible for people to come to the Village Hall and pick up a CD with the agenda packet on it. The Mayor said that the Village Manager would be asked to make up some extra CDs. Commissioner Sisul suggested that the public call first to let the staff know that they are interested in obtaining an agenda CD.

Dr. Goodman then said that the agenda packet in the Library also seems to be smaller. He noticed that regarding the Boundary Hill issue, the Ordinance referring to Exhibit 1 was there without a copy of the Plat of subdivision. He suggested that Staff look carefully to provide complete packets to the Library. Commissioner McConnell said that might be available in the Workshop packet.

Dr. Goodman said he does review previous meetings on specific issues, and said that if an Ordinance is being passed that refers to a special exhibit, that exhibit should be included in the packet.

Commissioner Tully said that in most cases prior Workshop materials have been included. This might be an aberration.

Dr. Goodman then said he was pleased with what is taking place in the Village. He then mentioned his concerns about the Curtiss Street area, where a large number of trees had been removed. He said he thought the Mayor had requested further information regarding that issue and hoped that an update of that situation would be available. It is his belief that there is a strong feeling for the preservation of trees in the area. The community needs leadership to provide a tree replacement ordinance, or guarantee that the developers identify certain trees to be preserved and recognize the historical heritage trees in the Village.

Larry Rosol, 6556 Berrywood and developer of the Landbank Property, commended the Village on the snow removal last week. He then referred to the landbank development, saying he has received negative complaints, especially from a group called the Downers Grove Watch Group. He said these people attack and attack. Mr. Rosol is tired of that. He owns the property. Everything he said he will do for the Village, he will do. Regarding the tree removal, Mr. Rosol said that the tree removed from Pat Peterman’s house was moved because a certain Council member wanted wider driveways between two Gilbert Street units. Regarding the second tree to the east, Mr. Rosol said that John Przybyl complained about the water problem. Mr. Rosol said the tree was removed to put a water storage under that area. Regarding the 14 trees removed, Mr. Rosol said no one has mentioned that they will be replanting 86 trees.

Mr. Rosol then referred to Mr. Tatterson’s complaints that this would be a four-year project, and he didn’t want to have to look at it for years. Mr. Rosol said there is an addition being built in that area that’s been under construction for two years. He would like to see that project move forward as well. He said that if the neighbors have any further complaints he would like to have them address the issues to him personally.

The Mayor said that the Village knew that 14 trees were going to be removed, and the Council asked the developer to make some adjustments to their plans which required the removal of a couple of other trees. He said the Council also wanted 100% containment on the landbank property development; therefore, the developer was asked to include a $350,000 underwater containment system. In addition, the builder is putting in 86 new trees and a total of 406 trees, bushes and shrubs on the site. They will also be burying the utilities in that area if feasible.

Kenneth Keller, 5131 Lee, said he supports the sidewalk matrix to prioritize sidewalk construction. He said there is a reason for Lee’s high position on the matrix. Contrary to other opinions, he believes this is a great opportunity for the area. He does not believe a 4’ sidewalk will destroy the area. Mr. Keller said this is no longer a rural area. He added that he thought the Village has worked with the residents to minimize the impact of sidewalk construction, and will continue to do so.

Christine Fregeau, 1918 Elmore, read a statement into the record and asked that the Council be clear and decisive for the benefit of residents on both sides of the sidewalk issue. She said the Parking & Traffic Commission has the responsibility to make recommendations to the Village Council and has done that. She said that the matrix is a vision for the entire community to serve the present and future needs of our Village. She said the validity of the matrix requires the Council’s commitment to execute sidewalk installation by their priority ranking. She did not believe that safety should be compromised as the result of a popularity vote. She said the Council can and should afford to be safe. She referenced a sidewalk project for the City of Bartlett, noting their commitment to the sidewalk issue as a community issue and not a street issue. Ms. Fregeau said she is convinced that the streets proposed for next year’s construction are based on a solid study by the Public Works staff and engineers, the direction this Council has provided, and with unanimous recommendations by the Parking & Traffic Commission since last March. She was disturbed by some of the opinions expressed earlier and encouraged the Village Council to move forward with the sidewalk matrix without more delays, and to consider the safety of the community as a whole and not just specific street residents.

Judy Sidrys, 5223 Lee, said she supported the sidewalks proposed on Lee, as safety is a very important issue. She said that she planted over 40 trees on her own property this year.

Bill Kohne, 5311 Lee, said he is a 19-year resident of Lee Avenue. He urged the Council to reconsider concrete sidewalks on Lee Avenue. He has attended many meetings on this issue and knows that safety is an important issue, but he does not think it is the only issue. If safety was the only issue, he said the Council would put sidewalks on both sides of the street and would see that they were shoveled during the winter months. Mr. Kohne said the real issue on Lee Avenue centers on appropriateness. He said Lee Avenue represents something far different than the rest of the Village due to its proximity to Maple Grove Forest Preserve. He then read from a brochure describing Maple Grove and its particular environmental conditions. Mr. Kohne said the spirit of preservation of the property applies no matter who owns the property, the Village or the Forest Preserve. He said Lee Avenue is a rural scape set in the city, and not appropriate for sidewalks. He said Village Council deserve credit for its sidewalk matrix plan; however, he believes that Lee Avenue cannot be included as just another street on the matrix. Mr. Kohne said the vast majority of residents oppose the concrete sidewalks. He believes most residents would look favorably on a compromise of some type of natural path, or to connect Lee Avenue to paths to the Forest Preserve. He said he and his wife would offer an easement for such paths. It would improve the present access point to the Preserve.

The Mayor said he has been down Lee Street numerous times over the years. He asked whether Mr. Kohne is suggesting that a 4’ sidewalks is going to damage or destroy Maple Grove Preserve. Mr. Kohne said he doesn’t think it will effect it in his lifetime. He believes an alternative to a concrete sidewalk would be better, and some pathways to the Forest Preserve would be more appropriate to the character of the street. He understands that some type of easement with the residents would have to be arranged.

Commissioner Sisul said comments were made concerning individual Commissioner’s positions at various times. He said that in the process, the Council encourages people to make their feelings known; however, the Council’s objective is to come up with a consensus opinion.

Commissioner Tully said that there seems to be confusion on the process of moving ahead with the sidewalk plan. Years ago the Council made a commitment of putting a sidewalk on one side of each street in the Village where necessary and feasible. He said that the matrix was put together by the Parking & Traffic Commission based on numerous criteria. The purpose was to come up with a ranking of streets. He said what was represented at the Workshop last week is the result of the criteria. He said there is no vote on the matrix, it exists as a list and is part of the budget. Commissioner Tully said they are now looking at a host of issues, including how much money will be available for sidewalks. There will be neighborhood meetings as there have been in the past, and there will be engineering and design discussions. All concerns expressed will be taken into consideration. When a design is ready it will go out to bid, and the Council will then vote on those bids. He reiterated that the Council is not voting on the matrix.

The Mayor said that in the past the Council has not voted on the sidewalk matrix. He asked if the Council would want the Village Attorney to draft a Resolution to approve the matrix.

Commissioner Gilbert said that he would like to add voting on the matrix into the process, as a simple motion to approve the matrix as presented. That will simplify the process in his opinion.

Commissioner Tully said he does not necessary think they must formally accept the matrix. The Council long ago approved the concept of the matrix which is a measure of what will be done.

Commissioner Gilbert said this has always been a volatile issue. There is always pro and con on any given block—half want them and half do not. He said that formally accepting the matrix for the year does away with some of the controversy. This is an ongoing concern and bone of contention.

Commissioner Zabloudil agreed that they should agree to move forward on this issue.

Commissioner McConnell asked if this would then be done every year, or once.

The Mayor said it would be done every year because there may be changes in traffic patterns or busing programs that would require a change.

Commissioner McConnell said that it seems that the P&T Committee has been given direction on how to evaluate the matrix, and asked whether they still need to say that they are approving it each year.

Commissioner Tully said he is fine with a Resolution. It’s a matter of semantics as to whether it is “approving” or “accepting.” The matrix is a measurement tool that exists. He has no problem with accepting it. He has a problem with approving it because it suggests that the Council has done an independent analysis of every criteria.

Commissioner Zabloudil said that it is really an acceptance of a recommendation regarding the recommended streets to be done for the coming year.

The Mayor directed the Village Attorney to draft a Resolution “accepting” the matrix.

5. Public Hearings

Annexation Agreement – West Side of Fairview South of 63rd Street (09-20-209-007) Mayor Krajewski called the public hearing to order at 7:35 p.m. to consider a proposed annexation agreement for the property located on the west side of Fairview Avenue, approximately 217 feet south of 63rd Street. Notice of this hearing was published in the Downers Grove Reporter on January 11, 2002. He reviewed the procedure to be followed for the public hearing, then asked staff to summarize the item.

Village Attorney Blondin said this public hearing concerns the Annexation Agreement of the property on the west side of Fairview south of 63rd Street. He noted that under this Annexation Agreement the Council agrees to annex the property which is about .93 acres. The property would come into the Village as B-2 under the annexation agreement. Pursuant to law, the zoning hearing regarding this site has been conducted. Minutes from the January 22 meeting related to MC-13-01 will be made part of tonight’s public hearing for the annexation agreement. He said the attorney for the petitioner is present. He further indicated that many of the items in the Annexation Agreement have been reviewed and discussed. The zoning issue is driving this particular annexation agreement. Attorney Blondin said the annexation agreement itself would remain in effect for a period of 20 years.

James Russ, attorney for the petitioner, said that the petitioner and staff would like to offer the residents in that area an opportunity to sit down and discuss this petition. He said that Mr. DiSalvo, one of the residents, has contacted Mr. Russ saying he is not in a position to meet with him at this time. The petitioner is still ready to meet with the residents.

Mayor Krajewski asked that staff also meet with the petitioner in regard to stormwater issues. Mr. Russ said that was the logical next step.

Commissioner Tully said the Council had the benefit of reviewing the minutes from 1996 for the Family Video parcel on the southwest corner of Fairview and 63rd Street. He found those to be enlightening and had a big impact on him. He said he would like to see a negotiated resolution to this issue. He is somewhat disturbed that two weeks have gone by with no discussion. He understands that the petitioner has made attempts to meet with the residents.

Mayor Krajewski asked the Attorney when this must be placed for a vote. Attorney Blondin said it is an annexation agreement and they can set it for a vote when they want it voted upon. There is no specified time frame.

Carmela Zinnecker, 6345 Davane, said she lives kitty-corner to the subject property. She said when they considered purchasing their property about 3-1/2 years ago the builder described the development and told them that the property behind them was residential. Based upon the information they received they chose to buy the house. If the subject property had been zoned commercial they would not have purchased their home on that block. The Mayor asked whether the builder told them the property was unincorporated, and she responded that she did not remember talking about that. Ms. Zinnecker then described the block and the relationship formed with the neighbors, saying they participate in many activities with each other. There are 25 children on the block between the ages of several months to 12 years old. She has three children between 5 and 10 years of age and she is not concerned about safety for her children since traffic is minimal. Ms. Zinnecker said she wanted the Council to be mindful of the Zoning Board of Appeals vote as it was a 3-2 vote. She said that both Commissioners Zabloudil and Schnell preferred that the zoning would not be changed. She said that Commissioner Schnell also stated that Family Video was to serve as the only transitional site between the commercial and residential area. She indicated that Mr. Rathje also said that the Village’s Future Land Use Plan showed the property in question as residential. Ms. Zinnecker said she understands that if this is denied by the Village, it will go back to the County.

The Mayor noted that the concern is not the County, but what the Courts might do if this case went to Court based upon denial by the Village and County. The Courts tend to look at the trend in the area, and there is no way of telling what decision they might make.

Attorney Blondin said most importantly they would look at the trend of development in the area, and the surrounding property.

Ms. Zinnecker asked whether the Village has the right to object to the County zoning, and the Mayor said that was correct. There was then some general discussion as to the procedures to be followed in various scenarios.

Commissioner Tully noted that the northwest corner of 63rd and Fairview has a commercial use for a medical building pursuant to litigation.

Commissioner Schnell said that the property is still zoned residential, but by Court Order has a business use on it.

Commissioner Tully said that is an example of why the Council is concerned. Even though it is residential, the Court directed that the medical facility could be built on that site.

Ms. Zinnecker then read a letter into the record from Carol & Bob Nield, and other residents who were not able to attend the meeting. The Mayor said that the Council received both an e-mail and letter from them. Ms. Zinnecker said that the Nields spoke with a Mr. Potter of the County Board who told them that the County Board would take the Village’s decision under consideration.

The Mayor said that there are many issues to consider here. He said that Mr. Potter is probably right in his statement; however, the Council’s concern is whether the petitioner goes to Court.

Commissioner Sisul said the Court looks at it to determine what the highest and best use for the property is, irrespective of how the Village or County have zoned the site. This could become beyond the Village’s control, and he said there have been instances when the Village has set a particular use for a site only to be overturned by the Courts.

The Mayor said that Mr. Rathje noted at the Workshop that this could be voted as a higher R-6 zoning which could allow for a ten-unit apartment building on the site.

Ms. Zinnecker said they need to also look at half-million dollar homes further south on Fairview, some of which are incorporated into the Village and others in Darien. She said Mr. Sievers wants a one-story building of 11,000 square feet with 49 parking spaces. She does not believe that a parking lot for 49 parking spaces for an office building of that size is sufficient. The office building at Fairview Medical is approximately 11,900 square feet and has about 80 parking spaces. The Mayor said that the Village’s parking requirements for a medical facility is more than for another use. If the building were all medical, there would not be enough parking spaces as required in the Zoning Ordinance. Mr. Rathje said the current plan is that the entire building would not be a medical center.

Ms. Zinnecker said Sievers built an office building of a similar size on Belmont. The parking lot is 39-40 spaces. Some of the residents have voiced their concerns regarding empoyees of the office building parking in their driveways. The Mayor said there was a concern regarding an unincorporated business with sales forces. The Council authorized no parking signs. Ms. Zinnecker said she thinks a similar situation will occur on Fairview.

Ms. Zinnecker said that the parking lot at Family Video is full on Thursdays thru Saturdays and the overflow will go into the office building parking. She said she could see the overflow going onto her block. She is very concerned about the safety of her children. She said she was speaking on behalf of some of the residents. She said that it was stated that Mr. Sievers was willing to work with the residents. She spoke with the residents of Bending Oaks and according to them Mr. Sievers has not kept some of the promises he made to them. They told her that there were problems getting him to take care of things, and it has taken almost two years for him to take care of some problems. She wants to see something that will work for the Village, but also for the residents. She asked the Village Council not to rezone the property.

The Mayor noted that they need five positive votes to approve the annexation agreement.

Dr. Tony Prasnikar, 6425 Davane Court, said he occupies the building on Fairview Avenue as a doctor and has done so for about five years. He said it is a very busy area and there have been a number of accidents and near-accidents. He noted that Fairview Avenue is not a flat street, so the ingress and egress make visibility for northbound traffic difficult. He said this building would add to the existing hazardous situation. At the last Council meeting many Commissioners spoke about their commitment to safety, and he asked that they consider safety in considering this proposal. Homes bordering businesses have been bought and sold, but it was with the knowledge that the businesses were already there. He said there is a perception that this property would not be appropriate for building single-family homes. He said they should look at Davane Court and note that 12 homes border commercial property.

Dr. Prasnikar said that Mr. DiSalvo and his neighbors chose not to border businesses. He said that Mr. Sievers does good work in the Village, but is thumbing his nose at the wishes of the community. He thinks that there is a unique opportunity here if the residents could work with Mr. Sievers to develop the property as residential.

Brinsley Lewis, 6431 Davane Court, said he paid a premium price for his home. He asked at what point the Village Council will draw a line in the sand and not allow B-2 zoning rather than residential. He asked that the Council not base its choice based on a position of fear and hypothetical situations. Mr. Lewis said that he would rather take his chances and have Mr. Sievers to go Court on the issue. He said he would respect the Council decision to preserve their neighborhoods.

The Mayor said there are six lots on Fairview that are unincorporated and there is the risk of a Domino effect. He agreed that the Village would like to see it continue as residential.

Christine Fregeau, 1918 Elmore, said she lives in a Sievers development. There needs to be some sensitivity on both sides of this. Residents are being asked to take a leap of faith regarding Mr. Siever’s intentions and those of the Council. She said the leap of faith to the Council doing the right thing is a safe way to go. She suggested a mailing to the residents to let them know the Council is being responsive to the residents’ concerns and to a negotiated resolution or agreement as much as the Council is able to guide that. Regarding businesses adjacent to residential area, she said some of the residents on Challen Place were extremely disappointed in what they were assured would not happen in terms of the buffer between the townhouses and their custom homes on Challen. She asked the Council to oversee the setbacks.

Theresa Stewart, 6413 Davane, said she shared the feelings expressed. As a realtor, she has seen homes built in the oddest areas. She noted the caliber of homes down Fairview, including the Darien Club, which are expensive homes. She would prefer to see this parcel remain residential.

Commissioner Tully summarized that everyone would like to see it as a single-family residence. Mr. Sievers as a property owner has the right to ask for rezoning. He said that this, however, is a unique opportunity to tell someone what to do with that property, and define exactly what will get built on that site. He said that the petitioner has offered to compromise and work with staff and residents. He said that would reduce the gamble. He said there are so many restrictions in the annexation agreement that he does not see that a Domino effect will occur. Commissioner Tully said with respect to concerns about living up to promises, that is the purpose of an annexation agreement. It is put in writing, and he is encouraged by the level of flexibility that the petitioner is showing. His concern is the gamble that someone else not connected to the Village will be making the decision on this site. He said that traffic information and stormwater information has not yet been submitted, and that will be an issue of consideration.

Commissioner McConnell said she was disappointed to hear that there has been no contact between the developer and the residents. She said they must take advantage of this opportunity. She said that the petitioner has indicated they are willing to be open to ideas.

Commissioner Schnell said that this particular lot is different from the northwest corner of Fairview, as it is not a corner. She also encouraged the residents and petitioner to take advantage of the opportunity to discuss the issue. There may be no agreement, but at least they will have attempted to move through the process.

Commissioner Zabloudil asked the Attorney about the trend of development in the area, and if the Court takes into account whether the surrounding developments are new or established. Attorney Blondin said that if a particular parcel of property has been unused for a long period of time, that is considered. He said that all the terms they are using are just factors that the Courts could weigh. The Courts would probably look at the most recent development.

Commissioner Zabloudil said he is not surprised there has been no communication because he does not think they want to meet. He said covenants could be placed on the property but there is no way to determine its effect since it is unincorporated property. He noted that the residents made a choice when they purchased their property, and Mr. Sievers has made a choice regarding the subject property.

Commissioner Gilbert said he will be thinking hard on this item. He does not think that he is willing to allow this to move into the Courts for rezoning. They could end up with something worse. Mr. Sievers is a long-term respected builder in the Village. However, Mr. Sievers can decide to simply sell the property and the same problem could come up again. Commissioner Gilbert said he is concerned about what could happen if the Court system were brought into this situation. He said he is not sure he is willing to turn it loose into that forum.

Commissioner Sisul said that the issues are well framed, and he is looking forward to the additional discussion.

The Mayor said that this item is not going to be placed on any Active Agenda for a vote in the near future. He said the Council encourages staff, and Mr. Russ and Mr. Sievers to meet with the residents and discuss the various concerns.

There being no further discussion, Mayor Krajewski adjourned the public hearing at 8:35 and called for a brief recess.

6. Consent Agenda

COR00 -00773 Claim Ordinance: No. 5413, Payroll, January 11, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

COR00 -00774 Claim Ordinance: No. 5415, Payroll, January 25, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -00775 List of Bills Payable: No. 5416, February 5, 2002 Sponsors: Accounting Commissioner Gilbert questioned items BO443 and SH671 . Commissioner McConnell commented on several $200 – $300 cell phone bills. The Manager reviewed the cell phone plan. Commissioner Zabloudil suggested negotiating a cell phone package as part of the rental of the towers. A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -00753 Bid: $63,103 to Patten Tractor & Equipment Company for Backhoe-End Loader Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works, Public Works – Equipment

BID00 -00754 Bid: $30,794.31 to Atlas Bobcat, Inc. for Skid-Steer Loader Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works, Public Works – Equipment

BID00 -00755 Bids: $19,233.00 to Environmental Safety Group, Inc. for Turnout Gear, and $8,294.00 to Global Fire Equipment for Miscellaneous Turnout Equipment Sponsors: Fire Department A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Department – Uniforms 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 Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski

7. Active Agenda

RES00 -00756 Resolution: Authorize Execution of an Agreement with Suburban Bus Division of the Regional Transportation Authority (Pace) Sponsors: Public Works Summary of Item: This will authorize a Transit Grant Agreement between the Village of Downers Grove and the Suburban Bus division of the Regional Transportation Authority (PACE) for public transportation services.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE)

RESOLUTION 2002 -7 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 Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Pace

ORD00 -00757 Ordinance: Amend Parking Restrictions on Gilbert Avenue Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, December 12, 2001, the Parking and Traffic Commission moved to recommend to the Village Council to designate the angled parking on the north side of Gilbert Avenue from approximately 290 feet west of the west line of Forest Avenue to approximately 376 feet west of the west line of Forest Avenue be designated with a three hour parking restriction.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON GILBERT AVENUE

ORDINANCE NO . 4360 A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – Gilbert Avenue, Parking Restrictions – Immanuel Residence

ORD00 -00759 Ordinance: Amend Parking Restrictions on Webster Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, December 12, 2001, the Parking and Traffic Commission moved to recommend to the Village Council that parking be restricted at all times on the east side of Webster Street from a point 30 feet south of the south line of Randall Street to the south line of Randall Street.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON WEBSTER

ORDINANCE NO . 4361 A motion was made by Commissioner Zabloudil, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – Webster

ORD00 -00760 Ordinance: Restrict Parking on 41st Street Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, December 12, 2001, the Parking and Traffic Commission moved to recommend to the Village Council to restrict parking on the north and south side of 41st Street from Main Street to Forest Avenue from 8:00 a.m. to 11:00 a.m. except Saturdays, Sundays and Holidays.

AN ORDINANCE RESTRICTING PARKING ON 41ST STREET

ORDINANCE NO . 4362 A motion was made by Commissioner Schnell to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – 41st Street

ORD00 -00762 Ordinance: Annex 4520 Drendel Road to the Village of Downers Grove, Illinois Sponsors: Village Attorney Summary of Item: This will annex the property commonly known as 4520 Drendel Road. Following annexation, this property will be rezoned to R-4 Single Family Residential.

AN ORDINANCE ANNEXING 4520 DRENDEL ROAD TO THE VILLAGE OF DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4363 A motion was made, seconded by Commissioner Tully, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Annexation

ORD00 -00763 Ordinance: Rezone 4520 Drendel Road from County R-4 to Village R-4 Sponsors: Zoning Board of Appeals Summary of Item: At their meeting of December 5, 2001, the Zoning Board of Appeals unanimously recommended that the property commonly known as 4510 Drendel be rezoned from R-1 Single Family Residence to R-4 Single Family Residence.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, CODIFIED AS CHAPTER 28 OF THE DOWNERS GROVE MUNICIPAL CODE , AS AMENDED TO REZONE 4520 DRENDEL ROAD

ORDINANCE NO . 4364 A motion was made by Commissioner Tully, seconded by Commissioner Sisul, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Rezone 4520 Drendel – County R-4 to Village R-4

RES00 -00767 Resolution: Final Plat of Subdivision for Boundary Hill Subdivision Sponsors: Plan Commission Summary of Item: At their meeting of November 6, 2001, the Plan Commission unanimously recommended approval of the final plat of subdivision for Boundary Hill Subdivision and that exceptions be approved as regards lot depth and public improvements.

A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR BOUNDARY HILL SUBDIVISION

RESOLUTION 2002 -8 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 Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Subdivision – Boundary Hill

ORD00 -00768 Ordinance: Extend Preliminary Site Plan for Venture Planned Development #18 Sponsors: Planning Services Summary of Item: Pursuant to the Downers Grove Zoning Ordinance, Section 28-1609, the owners of the Venture Planned Development have requested a one-year extension for their site plan. This project is located at the intersection of 75th Street and Lemont Road. This ordinance will extend the site plan approval for a one-year period to January 16, 2003.

AN ORDINANCE EXTENDING THE PRELIMINARY SITE PLAN FOR VENTURE PLANNED DEVELOPMENT #18

ORDINANCE NO . 4365 A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Planned Development #18-Venture

ORD00 -00770 Ordinance: Amend Certain Purchasing Policies Sponsors: Community Events and Finance Summary of Item: This will amend Section 2-79(b)(3) in order to remain consistent with the revised purchasing policies previously adopted which increased the Village Manager’s purchasing authority from $10,000.00 to $15,000.00. This would allow the Events Subcommittee of the Tourism and Events Commission to submit to the Village Manager for approval those contracts/proposals up to $15,000. Council approval would be required for expenditures that would exceed $15,000.00.

AN ORDINANCE AMENDING THE PURCHASING POLICY OF THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4366 A motion was made by Commissioner Zabloudil, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Purchasing Policy

ORD00 -00628 Ordinance: Rezone Phase I of the Downers Grove Estates/Meadowlawn Subdivisions from R-1, Single Family Residential to R-3, Single Family Residential Sponsors: Zoning Board of Appeals Summary of Item: At their meting of July 25, 2001, the Zoning Board of Appeals unanimously recommended certain properties in the Phase I annexation of the Downers Grove Estates/Meadowlawn Subdivision be rezoned from R-1 Single Family Residence District to R-3 Single Family Residence District.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, PASSED AND APPROVED APRIL 19 , 1965, AS AMENDED , TO REZONE PHASE I OF THE DOWNERS GROVE ESTATES /MEADOWLAWN SUBDIVISION

ORDINANCE NO . 4367 A motion was made by Commissioner Schnell to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Rezone Phase I Downers Grove Estates/Meadowlawn Subdivisions

ORD00 -00623 Ordinance: Rezone Phase I of the Downers Grove Estates/Meadowlawn Subdivisions from R-1, Single Family Residential to R-4, Single Family Residential Sponsors: Zoning Board of Appeals Summary of Item: At their meeting of July 25, 2001, the Zoning Board of Appeals unanimously recommended certain properties in the Phase I annexation of the Downers Grove Estates/Meadowlawn Subdivision by rezoned from R-1 Single Family Residence District to R-4 Single Family Residence District.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, PASSED AND APPROVED APRIL 19 , 1965, AS AMENDED , TO REZONE PHASE I OF THE DOWNERS GROVE ESTATES /MEADOWLAWN SUBDIVISION

ORDINANCE NO . 4368 A motion was made, seconded by Commissioner Tully, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Rezone Phase I Downers Grove Estates/Meadowlawn Subdivisions

8. Mayor’s Report

Materials to be Received – Minutes

Community Grants Commission – January 25, 2002 Economic Development Commission – December 12, 2001 Library Board – January 9, 2002 Liquor Commission – January 3, 2002 Tourism & Events Commission – January 14, 2002 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 Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski

New Business

The Mayor said that staff has sent letters to all Board and Commission members whose terms are expiring April 30 to ask if they wish to be considered for reappointment or appointment to another Board. He said this is an opportunity to Village residents to also send in their resumes/profiles if they are interested in serving on a Board or Commission. He said that staff is also compiling attendance records for the Board and Commission members.

Mayor Krajewski said he joined Barbara Leiber and Deputy Chief Bluder at Sam’s Club who contributed $1000 to the Community Orientation Program. He thanked Sam’s Club for the contribution toward the resource centers.

The Mayor said last week he attended a meeting at Kingsley School with Fire Chief Ruscetti, Deputy Police Chief Ray Byrne, and Marsha Geisler of the Fire Department school program. He said they had an interesting program discussing building successful partnerships.

The Mayor said a resident gave him a letter to the editor for a local newspaper with the headline “Village Fails in Police Investment Fund.” The letter discusses the Village raising the property taxes from $2.8 million to $4.3 million. He said he had Mike Baker review this information. The Mayor then reviewed the results of that report in comparison to the comments made in the letter.

The Mayor referred to a question made in the letter “who is watching the store?” He said if he assumes correctly that it means “who is watching the Village,” he said that he, as Mayor is watching the Village, as are all of the Commissioners on the Council, in addition to the Village Manager and a very good staff. Further in the letter there is a comment that the Council and all associated with running the Village should be held responsible for the gross mismanagement of funds for the Village. The Mayor reviewed the tax levies from 1999 to the proposed levy for 2001. He outlined the property tax rate comparison for 2000 of Downers Grove and neighboring municipalities. Downers Grove has the lowest tax levy of all the neighboring municipalities that have a tax levy. He reviewed utility tax rates including telecommunications, electric, gas, and water rates. The telecommunication tax is 3.5% in the Village while it is 6% in other surrounding communities. In the overall ranking of surrounding communities, the Village is at 3.2 which is the lowest of the compared communities. For example, he said that if the Village was at the average of the surrounding areas for property taxes it would get $3.8 million more to the general fund, and the utility tax would gain $1.8 million. When looking at all of the taxing, the Village would gain a total of an additional $8.5 million annually in taxes for services, if it were at the average of surrounding communities. He concluded that the Village Council has done a good job in providing services to the Village with substantially less money from the residents than other surrounding communities.

The Mayor said that the Council is presently involved in budgeting season and will be looking at the capital fund, the general infrastructure, and the hotel tax which is below the maximum 5%. He noted that in Colorado, the hotel tax is 12%. He reviewed other topics that will be visited more closely in the budgeting process. The Mayor said information will be made available so residents will know “who’s watching the store.”

Materials to be Placed on File

9. Manager’s Report

Manager Ginex said he and the Mayor attended another meeting of the Task Force on the groundwater contamination problem. The next citizens advisory meeting will be held on February 12 from 7-9 p.m. at Downers Grove North High School.

The Manager said that staff will be meeting with METRA representatives next week to discuss the Belmont underpass. That meeting will be followed by a public information meeting for area residents.

Manager Ginex then congratulated Assistant Village Attorney Enza Petrarca and her husband, Chris, on the birth of their baby girl, Nina, last week.

10. Attorney’s Report

Future Active Agenda

ORD00 -00373 Ordinance: Refund of GO Bonds Series 1996 and 2000 Sponsors: Finance Indexes: General Obligation Bond – Refund

11. Committee Standing Reports

Commissioner Gilbert said that he, the Village Attorney and the Village Manager met to discuss how better to receive those who wish to speak with the Council members.

Commissioner McConnell said a meeting was held on the preliminary budget Saturday. This evening they discussed the Ogden Avenue/TIF priority with the intention of having a 5-year plan prepared by the Finance Director and the Economic Development Director. In addition, she said that there are some requests for the industrial bonds. There is no one interested in purchasing them locally. Lastly, they discussed the parking deck costs and how they tie in with capital improvements.

The Mayor said he, the Manager and Commissioner Sisul met with Information Services and Public Works Departments regarding budgeting and the Village’s direction.

12. Council Member Reports and New Business

Stormwater Program Presentation

Commissioner Tully made a presentation to the Council and public summarizing a seminar he attended on Developing a Successful Stormwater Program at the National League of Cities Conference held in Atlanta, Georgia. At the seminar the two topics covered were the National Pollutant Discharge Elimination System (NPDES) Phase II Compliance Issues, and the Concept of a Stormwater Utility. He reviewed the federal stormwater policy and said that the Clean Water Act of 1972 established the NPDES to regulate and reduce non-point source pollution as it relates to water quality. He explained that non-point versus point is that point-source could be, for example, a factory that has pipes which dump directly into a river. Non-point would relate to a source that is not readily identifiable. He said in 1987 amendments to the Clean Water Act required the EPA to develop a phased approach to regulating stormwater under NPDES . The first phase addressed stormwater discharges from medium and large municipal sewer systems, as well as from industrial activities disturbing areas of five acres or more. Phase II requires owners to reduce the discharge of pollutants to the maximum extent practicable.

Commissioner Tully discussed the application requirements, noting that the County has approached the IEPA to pursue a county-wide permit to include municipalities. He then reviewed the various aspects of the six minimum control measures established which are: 1) public education and outreach; 2) public involvement/ participation; 3) illicit discharge detection and elimination; 4) construction site run-off control; 5) post-construction stormwater management in new development and redevelopment; and 6) pollution prevention/good housekeeping for municipal operations. He noted the importance of public education so that residents and businesses understand the concept of stormwater, and how and where it flows, as well as what the sources of stormwater pollution are, such as automotive oil, detergents, etc. The Commissioner said the EPA recommends involving the public in such ways as establishing citizens’ discussion groups or holding public hearings for stormwater discussions. He indicated that stormwater maps should be developed, and noted that the Village does have such maps. Concerning construction sites, Commissioner Tully said that programs must develop, implement and enforce a means of reducing stormwater pollution from construction and post-construction activities by placing specific requirements upon the owner/operator of the site. Finally, there are numerous steps to take in regard to preventing pollution and maintaining existing programs. Annual reports have to be submitted to the permitting authorities. He noted that NPDES permits are federally enforceable and violators are subject to federal and state fines and penalties.

Commissioner Tully said that funding of these problems has to be addressed, as this is an unfunded federal mandate. EPA ’s draft regulation cost range is $1.23 to $7.83 per capita, per year. Initial compliance program is likely to cost between $4 and $8 per capita, per year. The EPA estimate for a community such as Downers Grove could range between $61,500 to $391,500 per year. Costs would depend greatly upon the type of program implemented. He said that stormwater inspection fees can enable a community to recoup some of their costs. In addition there are some grant monies available in smaller amounts. The Commission said that in the Village of Downers Grove, the Drainage Division of the Public Works Department is responsible for over 6500 inlets, over 2000 driveways and crossroad culverts, as well as drainage easements. Sewer cleaning or jetting is part of the regular maintenance program as well.

Commissioner Tully then discussed whether the stormwater utility can work in the Village. Today stormwater management is funded through the Village’s general operating fund. He said there is little funding available to address specific localized flooding issues raised. The stormwater utility is a special assessment district which is set up to generate funding for purposes of stormwater management, wherein users within the district pay a stormwater fee and the revenue generated supports maintenance, upgrading, development, control and administration of the various aspects of stormwater control programming. He explained that a user-based Stormwater Utility system is not based on assessed property value, but rather on actual use of the system, much like the drinking water or use of the sanitary sewer service. He said that fees can be based on the percentage of impervious surfaces of a site. He gave the example of a Stormwater Utility in Moline, Illinois which charges an average homeowner with a lot under 1/4 acre $4.00 per quarter; for a medium-sized lot the quarterly fee is $7.70. The fees vary throughout the country.

Commissioner Tully then noted some advantages of the Stormwater Utility, such as it is not like a sales tax, but is a stable revenue base. It is adequate because it is a dedicated revenue source, and can also be flexible in that there may be other fund sources to be used as supplemental funds. Finally it is an equitable system in that it is user-based. In terms of the number of these utilities, they began in 1970 and to date there are more than 400 utilities nationwide. It is anticipated that there will be 2500 stormwater utilities within the next ten years. He indicated that this has the potential to benefit a town such as Downers Grove. He suggested that the Council and the community may want to investigate this idea more closely to determine whether it would be beneficial in addressing flooding, stormwater, pollution and water quality issues now and in the future.

Commissioner Gilbert asked about education of the program, and Commissioner Tully said it could be done through community mailings, or discussions at meetings. There could also be events planned at parks and streams, or getting children involved in projects related to stormwater problems and pollution.

The Mayor thanked Commissioner Tully for the presentation.

Mayor Krajewski then discussed the sales tax figures for the Village, noting it has been described as “flat.” The October figures show the tax at $12,000 below the previous year, while the figures are up for the November figures.

Commissioner Zabloudil said the presentation made by the Mayor provided good information to the public. He encouraged that to continue. Often there is false information projected and misstatements made that should be addressed. He said it is important to hear the concerns of residents, and he encouraged them to continue to ask questions of the Council and staff. The Commissioner then noted that this last weekend District 58 had 200 more participants this year for its Science Fair. In addition, he said that Highland School celebrated their 50th anniversary this weekend with many alumni present.

The Mayor said the Council reads and appreciates all correspondence.

Commissioner Sisul thanked Commissioner Tully for his presentation.

Commissioner Schnell said that next week she will be discussing communication, and how the Council and staff can better communicate among themselves, and with residents. She also noted that the Highland School celebration was fun, and they did a wonderful job.

Commissioner McConnell said that on Saturday night’s Jeopardy there was a gentleman from Downers Grove, John Fabros, who won about $11,000. She said there have been two Character Counts meetings this year which were held on snowy days. She said the focus group is discussing the benefits of character education. The 2002 goals will be discussed at the March meeting. She then reminded everyone to take care of their sidewalks in snowy conditions.

Commissioner Zabloudil reminded citizens to Adopt a Fire Hydrant, as well.

Commissioner Tully said with respect to District 58’s Science Fair, it was his first grader’s first participation in a science fair and he enjoyed it. He complimented the staff for their preparation of this fair. He noted that he attended the recent Ice Festival which was very well done, even though the weather wasn’t totally conducive for ice carving. He mentioned that the Village had a 13.1” snowfall last week and he complimented Public Works for how they handled the snow removal.

The Mayor added his congratulations to staff for the snow removal. He said many things effect the removal, including the amount of snow, the time it stopped, etc. There are 156 miles of streets to plow, as well as the Central Business District, and three train stations, two municipal lots, etc., which have to be cleared. The most recent snow dropped 7 inches between 2:00 a.m. and 5:30 a.m. He explained that the policy for clearing starts after the last snowfall. Everything was completely cleared within 13-1/2 hours. He thanked the staff again for their efforts. He noted that there were problems with private snow plows for businesses plowing their snow back into the streets, as well as problems with overnight parked cars blocking the streets. There were also some problems with roadways that were not under the Village jurisdiction, such as Belmont and Ogden Avenue.

13. Adjournment

Commissioner Sisul moved to adjourn. Commissioner Gilbert seconded.

VOTE : YEA – Commissioners Sisul, Gilbert, Zabloudil, Tully, McConnell, Schnell, Mayor Krajewski

Mayor Krajewski declared the motion carried and the meeting adjourned at 9:45 p.m