October 01, 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 Thomas Sisul, Commissioner Marilyn Schnell, Commissioner Martin Tully and Mayor Brian Krajewski Absent: Commissioner Michael Gilbert and Commissioner Mark Zabloudil Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and Village Clerk April Holden

Mayor Krajewski said he would like to remind everyone present that the Council meeting is broadcast over the local FM radio station, WDGC . In addition, a tape recording and videotape of the meeting are being made using Village owned equipment. The videotape of the meeting will be used for later rebroadcast of the Council meeting over the Village cable television Channel 6.

The Council will follow the rules of conduct for this meeting as provided in Sec. 2.5 of the Downers Grove Municipal Code. These offer the public the opportunity to comment at several points in the meeting. First, immediately following approval of the minutes of the past meetings, an opportunity will be given for public comments and questions on the active agenda items for this evening’s meeting. Following this, an opportunity is given for public comments and questions on any subject. Finally, if a public hearing is scheduled for this meeting, an opportunity is given for public comments and questions related to the subject of the hearing.

The Mayor stated that at the appropriate time the presiding officers will ask if there are any comments from the public. If anyone wishes to speak, the individual should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name and address. He stated that remarks be limited to five minutes, and asked that individuals refrain from making repetitive statements.

The Mayor said there are agendas located on either side of the Council Chambers, and he invited the audience to pick up an agenda and follow the progress of the Council meeting.

3. Minutes of Workshop and Council Meetings

Council Meeting – September 17, 2002 Workshop Meeting – September 24, 2002 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Executive Session Minutes for Release: 9/25/01, 12/11/01, 1/8/02, 2/12/02, 3/5/02, 3/9/02, 4/16/02, 5/7/02, 5/21/02, 5/28/02, 6/4/02, 6/17/02, 6/18/02, 6/19/02 Mayor Krajewski said earlier tonight he met with Cub Scouts from Pack 86 from Lester School. He said they were in the process of getting their citizenship badges. He asked the Scouts to introduce themselves and invited them to ask questions of the Council.

In response to a question, the Mayor asked the Manager to review why the crosswalk was moved at Grant and Fairview. The Mayor wished the Scouts good luck and said they had received a Downers Grove flag.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

There were none.

5. Public Hearings

Annexation Agreements Mayor Krajewski called the public hearing to order at 6:45 p.m. to consider proposed annexation agreements for the poperties located at 2050 59th Street, 2525 College Road, 5904 Janes Avenue, 5996 Leonard, 5636 Lomond Avenue, 2611 Maple Avenue, 2621 Maple Avenue, 5908 Pershing Avenue, 5908 Plymouth Street, 6014 Sherman Avenue, 5897 Walnut Avenue, 5905 Woodward Avenue and 5915 Woodward Avenue. Notice of this hearing was published in the Downers Grove Reporter on September 13, 2002.

The Mayor then summarized the procedure for the hearing.

The Manager sumarized the petitions by address and date of annexation:

• 2050 59th Street – January 1, 2006, or at time of request by owner, whichever comes first.
• 2525 College Road – January 1, 2008, or at time of request by owner, whichever comes first.
• 5904 Janes Avenue – January 1, 2008, or at time of request by owner, whichever comes first.
• 5996 Leonard – January 1, 2008, or at time of request by owner, whichever comes first.
• 5636 Lomond Avenue – January 1, 2008, or at time of request by owner, whichever comes first.
• 2611 Maple Avenue – January 1, 2008, or at time of request by owner, whichever comes first.
• 2621 Maple Avenue – January 1, 2008, or at time of request by owner, whichever comes first.
• 5908 Pershing Avenue – January 1, 2006, or at time of request by owner, whichever comes first.
• 5908 Plymouth Street – January 1, 2006, or at time of request by owner, whichever comes first.
• 6014 Sherman Avenue – January 1, 2006, or at time of request by owner, whichever comes first.
• 5897 Walnut Avenue – January 1, 2008, or at time of request by owner, whichever comes first.
• 5905 Woodward Avenue – January 1, 2006, or at time of request by owner, whichever comes first.
• 5915 Woodward Avenue – January 1, 2006, or at time of request by owner, whichever comes first.

The Manager said no rezoning or other land use approvals are requested with these annexation agreements. As such, the properties will be classified as R-1 Single-Family Residence District upon annexation.

There being no questions or comments from the Council or the public, the Mayor adjourned the public hearing at 6:50 p.m.

6. Consent Agenda

COR00 -01053 Claim Ordinance: No. 5448, Payroll, September 20, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01054 List of Bills Payable: No. 5449, October 1, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01068 Change Order: $7,550 to Cowhey Gudmundson Leder, Ltd. for Consulting Engineering for Lee Avenue for a Total Contract Price of $21,715.00. Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Sidewalk Improvements 2002 Passed The Consent Agenda

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

7. Active Agenda

RES00 -01061 Resolution: Authorize Execution of an Agreement with the DuPage Water Commission for the Provision of Lake Michigan Water to Areas of DuPage County Affected by Contamination Sponsors: Manager’s Office Summary of Item: This will authorize execution of an agreement between the Village of Downers Grove, DuPage County and the DuPage Water Commission to make Lake Michigan Water available to those contaminated areas of DuPage County.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF LAKE MICHIGAN WATER TO AREAS OF DUPAGE COUNTY AFFECTED BY CONTAMINATION

RESOLUTION 2002 -85 Commissioner Tully said the historical information provided to the Council since the last meeting was interesting. He said he supports the extension of water to the areas that need it for safe water for drinking and other purposes. He said the issue of annexation has hovered around this for the entire time of the debate. The Village contemplated annexation as a requirement of receiving water over 25 years ago. Most of the areas in question that will receive water service under this agreement are within the Village’s planning area and it had been contemplated that they would join the Village at some point. For a long time the Village has been flexible as to when annexation would be effective.

Commissioner Tully said annexation will have to be approved at a later point, and can be investigated at that juncture as to whether it remains in the best interest of the community to annex or to have an alternative method for the payment for the water. He said he understands there is a substantial cost that goes along with annexation of these areas which would not be outweighed by the revenues that would be gained. He said there will be another opportunity to assess this and see if it remains to be in the best interest of the Village to annex these properties.

Commissioner Tully reiterated that he is in support of extending the water service.

Mayor Krajewski said that after passage of this agreement, the next step is the implementation agreement. He said he and the Village Manager met with residents of the area this week. Based on the discussion at last week’s Workshop meeting, Council is considering deferring annexation for ten years to 2012, or not requiring annexation and charging higher fees for nonresidents. He said the Council will need consensus for one alternative or another. He said a number of issues need to be considered. Some of the agreements are only good for 20 years and will expire in 2006. These agreements would have to be re-signed. The Village Manager will meet with Mr. Wilcox of DuPage County and the residents to work on language for the implementation agreement. He said the implementation agreement will need to be done quickly.

Commissioner McConnell said she spoke with Deputy Village Manager Dave Van Vooren about the costs of not annexing and establishing fees that can be supported. She asked when the implementation agreement would come before the Council.

Manager Ginex said two drafts of the implementation agreement are being circulated. One is from the Water Commission and the other is from Attorney Mike Roth. The Manager said he will set up a meeting with Mr. Wilcox next week to discuss issues related to implementing this. The Manager said we need to know who wants to hook up to the system as it is possible that some people do not want to hook up to the water system. He said he plans to hold informational meetings in order to know how much money will be required in loans.

Mayor Krajewski said the biggest issue is the cost of the infrastructure where we currently do not have it, how it will be paid for, and how the money will be collected. Indexes: DuPage Water Commission

ORD00 -01062 Ordinance: Amend the Downers Grove Zoning Ordinance Sponsors: Zoning Commission Summary of Item: At their meeting of August 22, 2002, the Zoning Commission unanimously recommended certain text amendments to the Zoning Ordinance.

AN ORDINANCE MAKING CERTAIN TEXT AMENDMENTS TO THE DOWNERS GROVE ZONING ORDINANCE

ORDINANCE NO . 4448 A motion was made by Commissioner Schnell to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Schnell, Commissioner Tully and Mayor Krajewski Indexes: Zoning Ordinance

ORD00 -01063 Ordinance: Authorize Special Use at Automotive Services, 844 Warren Avenue, to Permit an Addition to the Existing Structure Sponsors: Zoning Board of Appeals Summary of Item: At their meeting of August 28, 2002, the Zoning Board of Appeals unanimously recommended that a Special Use be granted from Automotive Services located at 844 Warren Avenue for a 742 square foot addition to the existing automobile repair shop, redesign of the parking area and the addition of greenspace to the existing site.

AN ORDINANCE AUTHORIZING SPECIAL USE AT AUTOMOTIVE SERVICES , 844 WARREN AVENUE , TO PERMIT AN ADDITION TO THE EXISTING STRUCTURE

ORDINANCE NO . 4449 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 Sisul, Commissioner Schnell, Commissioner Tully and Mayor Krajewski Indexes: Special Use – 844 Warren Avenue

ORD00 -01045 Ordinance: Amend Flag Lot Provisions Sponsors: Plan Commission Summary of Item: This will amend certain flag lot provisions.

AN ORDINANCE AMENDING FLAG LOT PROVISIONS

ORDINANCE NO . 4452 Mayor Krajewski asked for a Motion to table this matter for two weeks as two Council members were absent.

Commissioner Tully moved to table this matter for two weeks to October 15 and to extend the current moratorium for the same two week period.

Commissioner Tully said this matter needs to be resolved. He said there are no petitions currently pending. He said this matter has been debated for some time and, considering all the work done by the Council, staff and the Plan Commission, he feels the issue deserves the consideration and vote by the full Council.

Commissioner McConnell asked about the presentation of the ordinance to be voted upon.

Attorney Enza Petrarca said she needs to know from the Council which ordinance is to be presented.

Commissioner Tully said the previous ordinance changed the required depth of the lots to extend them to 400 feet, required certain landscaping screens subject to the approval of the Village Forester, prohibited putting two lots together to create a flag lot, and only applied to lots on record as of the date of the passage of the ordinance. The two changes being discussed in the ordinance to be presented next week include dropping the 400 foot extension provision and the requirement of a landscaping shield between the two lots. The remaining two provisions would remain.

Mayor Krajewski said Council members have asked for information regarding public safety as it relates to flag lots and accessibility. He asked if a provision could be added requiring the Fire Chief to certify that the Fire Department could access the flag lot, or, if necessary, require the property owner to install a fire hydrant.

Commissioner Schnell said she thought a person building or living in a house on a flag lot would welcome that requirement.

Commissioner McConnell said the intent is to make owners aware of the safety issues of timing and running fire hoses when building a house on the back of a flag lot.

Commissioner Tully suggested an umbrella statement related to the issue of fire response and the ability of the Fire Department to make changes to the plat before the flag lot and construction is approved.

A motion was made by Commissioner Tully, seconded by Commissioner Sisul, to Table to a Date Certain this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Schnell, Commissioner Tully and Mayor Krajewski Indexes: Flag Lots

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – September 11, 2002 A motion was made by Commissioner Sisul, seconded by Commissioner Schnell, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Schnell, Commissioner Tully and Mayor Krajewski Materials to be Received – Monthly Reports

New Business

Proclamations:

Mayor Krajewski proclaimed October 2002 as Pediatric Cancer Awareness Month. He proclaimed October 6-12, 2002 as Arts Week in the Village of Downers Grove.

9. Manager’s Report

Manager Ginex invited the public to the Fire Department Open House on Saturday, October 5 at Fire Station 5, 6701 Main Street.

10. Attorney’s Report

Attorney Petrarca said the Village has reached a settlement of a condemnation suit of 1001 Curtiss Street. She said this is the last portion of property needed for the parking deck. The cost of the property is $90,000.00. She asked the Council to consider waiving the one-week waiting period in order to approve the ordinances tonight.

Commissioner Sisul moved to waive the one-week waiting period to consider new business. Commissioner Schnell seconded the Motion.

AYES : Commissioners Sisul, Schnell, Tully, McConnell, Mayor Krajewski

Mayor Krajewski declared the Motion carried.

ORD00 -01066 Ordinance: Authorize Execution of a Settlement Agreement for the Acquisition of Certain Property (Partial of PIN 09 -08-306-005) Sponsors: Village Attorney Summary of Item: This will authorize execution of a settlement agreement for the acquisition of a portion of the property commonly known as 1001 Curtiss (partial of PIN 09 -08-306-005).

AN ORDINANCE AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT FOR THE ACQUISITION OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS 1001 CURTISS STREET FOR PUBLIC PURPOSES RELATED TO THE VILLAGE OF DOWNERS GROVE TAX INCREMENT DOWNTOWN REDEVELOPMENT PLAN AND PROJECT

ORDINANCE NO . 4450 Commissioner Tully said he is thrilled this is the last piece of property needed and that this project can now move forward. He said he was glad this was resolved through settlement.

Mayor Krajewski said many of the parcels needed were portions of parking lots. A motion was made by Commissioner Sisul, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Schnell, Commissioner Tully and Mayor Krajewski Indexes: Village Property – Acquisition

ORD00 -01067 Ordinance: Provide for the Settlement and Closing of Certain Property (Partial of PIN 09-08-306-005) Sponsors: Village Attorney Summary of Item: This will provide for the settlement and closing for a portion of the property commonly known as 1001 Curtiss (partial of PIN 09 -08-30-005).

AN ORDINANCE PROVIDING FOR THE SETTLEMENT AND CLOSING OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS 1001 CURTISS STREET FOR PUBLIC PURPOSES RELATED TO THE VILLAGE OF DOWNERS GROVE TAX INCREMENT DOWNTOWN REDEVELOPMENT PLAN AND PROJECT

ORDINANCE NO . 4451 A motion was made by Commissioner Sisul, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Schnell, Commissioner Tully and Mayor Krajewski Indexes: Village Property – Acquisition Attorney Petrarca said Ann Marie Lampariello-Perez will be joining the Village as Staff Attorney beginning Monday, October 7, 2002. She is a former State’s Attorney and most recently has worked for Kubiesa, Spiroff, Gosselar, Acker & Kern. Both Mr. Kubiesa and Ms. Gosselar are former Village attorneys.

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

Finance Committee

Commissioner McConnell said the Finance Committee met tonight to discuss the preliminary results of the audit report. She said this would be brought to the Council for review by the end of the month.

Public Services Committee

Commissioner Tully said the Committee did not meet this week. The Committee has been asked to look into the stormwater issue and how additional resources perhaps can be garnered to improve and enhance the Village’s stormwater system. Staff is currently working on this issue.

12. Council Member Reports and New Business

Mayor Krajewski said he met with District 3 County Board members this morning to discuss issues of drainage, transportation, bike path, DuPage County, the County complex, Health Department, etc. He will distribute information to the Council.

The Mayor said a second agreement has been prepared between Metra and IDOT regarding the Belmont Road grade crossing. This will be on the Workshop agenda next week and will go before the County.

13. Adjournment

Commissioner Sisul moved to adjourn. Commissioner Schnell seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:15 p.m