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

Present: Mayor Brian Krajewski; Commissioners Marilyn Schnell, Sue McConnell, Martin Tully, Ron Sandack, Stan Urban, William Waldack; Village Manager Riccardo Ginex; Village Attorney Enza Petrarca; Village Clerk April Holden

Absent: None

Visitors: Residents: Gordon Goodman, PDHA, 5834 Middaugh; Bill Wrobel, DG Watch, 7800 Queens Court; W.H. Whowell, DG Watch/PDHA, 5417 Lee; John Schofield, 1125 Jefferson Ave; Laurel Bowen, 829 Clyde; Philip M. and Janet M. Barr, 4605 Puffer Rd.; Robert Kleb, 4600 Belmont Rd.; Hilda M. Schultz, 4657 Puffer Rd.; Bruce and Sharon Siegert, 4654 Puffer; Edith Makra, Morton Arboretum, 4100 Route 53, Lisle; Jerry Kiluk, 4733 Puffer Rd.; David Grossberg, Schiff, Hardin, LLP, Chicago; Steve McSweeney, CVC Development, Glen Ellyn

Staff: Public Works: Mike Millette, Assistant Director; Sam Webb, Fleet Services Manager; Stan Balicki, Assistant Director; Dorin Fera, Traffic Manager; Kerstin G. von der Heide, Village Forester; Planning and Community Development: Keith Sbiral, Director; Amanda Riordan, Sr. Planner; Mike Baker, Assistant Village Manager; Rita Trainor, Director, Financial Services

Ordinance Amending Chapter 24 for Improved Parkway Tree Protection. The Manager asked Kerstin von der Heide, Village Forester, to address this matter.

Kerstin von der Heide, Village Forester, stated that this Ordinance amends all of Chapter 24. She said some changes were presented March 8. Only public property is included in the Ordinance. She noted that there are three main problems with the parkway trees in terms of protection and inspection. First, when damage occurs to a tree the only thing she can do now, besides court citations, is bill the developers. Secondly, when fencing is damaged, she can only call and issue a complaint, besides issuing a court citation. Thirdly, when unauthorized tree removal occurs she can only bill the developer for the tree if she has documentation on hand.

Ms. von der Heide said that these issues could be addressed by bonding for the full tree value before construction, requiring fencing and establishing fines which increase with each occurrence, and keep the bond money if trees are removed without authorization. She said this past summer she got builders’ attention when they were invoiced for the damage created. Questions which were raised in April concerned implementation and enforcement, which will take more staff time, however, is worth the effort. There is a process through e-permitting wherein they could designate a "fail" to hold up a future permit. In addition, handouts would be mailed to developers informing them of the Village’s new standards.

Mayor Krajewski asked if other towns require bonds to be posted. He asked if there is some way that violators can be penalized from all construction until the fine is paid. He noted that it might be easier to establish a policy of closing down construction versus charging all builders a fee. He said it seemed that would cut down on paperwork, and those who are meeting all of the requirements would not have to incur the added bond costs.

Attorney Petrarca said that the problem is with issuing a citation. If the Village stops the building, and a judge finds in favor of the builder, how would the Village remedy the time the building was delayed.

Commissioner Sandack said that the Ordinance is proactive, and provides the Village with a self-help remedy. He thinks the point is good about not spreading this to all the builders; however, he doesn’t think this is onerous. It will cause builders to be more cautious. Should this become too burdensome, it can be reviewed in a year.

Commissioner Schnell said the description of enforcement seems to be simplistic, and her concern is that it could take many man-hours to enforce. When the builders knew Ms. von der Heide was coming out to review the situation, they followed the rules. Builders have to understand that the Village will enforce this. The Village has to set an enforcement schedule. She doesn’t see that in the guidelines, and asked how staff will make sure this is enforced without additional staff.

Ms. von der Heide said she has created a column on the inventory which specifies which trees are in construction areas. Staff will then drive through town, and they will make it fit into the staff schedules. In the summer staff travels through the Village already, so this can be incorporated into the routes.

The Mayor asked how many bonds will be required of a builder, and Ms. von der Heide said at least ten. The Mayor asked whether they can have one blanket bond.

Commissioner Sandack said that other towns do that, but it is usually pretty high. It would be easier to administer.

Edith Makra of Morton Arboretum said that she believes the changes to Chapter 24 are straight-forward and pragmatic, and in line with other community activities. She said that Downers Grove has been a model in terms of its planting and maintenance of its public trees. She noted that the U.S. Forest Service has asked for a tour, and she intends to bring them to Downers Grove, which is a microcosm of successful partnerships. One of the issues the Forestry Service is interested in includes teardowns, as well as the acquisition of Lyman Woods. She noted that the Village has a lot to be proud of.

John Schofield, 1125 Jefferson Avenue, has lived at that address for eleven years. He thanked the Council and staff for allowing him to speak on two points. Regarding the Ordinance, he supports it and said it is a step forward. He referred the Council to the preamble or purpose statement of the Ordinance which provides a great list of benefits, noting that achieving them is another issue. Mr. Schofield said that he hopes the Village will go beyond the legal language of the Ordinance and will foster an atmosphere that actually protects the trees. He believes they should be protected to the maximum effect possible. It requires high moral stewardship to protect trees for the future, noting they shouldn’t be sacrificed for profit.

In regard to a specific case, Mr. Schofield distributed a second picture of trees on public land that are in danger, and noted that there are 25 tagged trees. He fears that these will be destroyed to make way for a new street for a development, and they ought not be sacrificed. They are on public property adjacent to 5712 and 5737 Brookbank. He showed the location on an overhead projection. The trees in question are along a walking path. The 25 trees in his opinion are an asset to the neighborhood and the Village. The path is used extensively by joggers, walkers and cyclists. He said that if the Village allows the destruction of the trees, or assists in the destruction it would be a terrible loss for a neighborhood that has already suffered the loss of private trees. He asked about the spirit of the Ordinance, and asked the Council to assist in the protection of these trees.

The Mayor said Code Enforcement does not have any knowledge of tree damage, but if they are out on a site and notice an infraction, he asked whether they have the authority to issue a citation. Ms. von der Heide said they do. The Mayor then asked whether they have been planting trees, and Ms. von der Heide said they have. There are new ones on Dunham and at 67^th. A total of 332 trees have been planted, and they will require watering once a week.

Commissioner Schnell asked if the trees referred to by Mr. Schofield, are tagged to be taken down. Ms. von der Heide said that she has reviewed the preliminary plans. The Brookbank right-of-way is 33 feet wide, and the builder will donate the other 33 feet for a total of 66 feet in width. She commented that the west parkway could remain undisturbed with at least half of those trees to remain.

Keith Sbiral, Director, Planning and Community Development, added that this comes before the Plan Commission in June or July. He noted that these are preliminary plans.

Commissioner McConnell commented on the "spirit" of the Ordinance, noting that part of the issue is that the Council is trying to protect trees and to find creative ways to do that. The Council needs to tell staff that it is important enough to put their full energy into this.

The Mayor said that the second half of this issue concerns private property. The Village will not legislate concerning private property, but it will educate. He added that the Village has done a good job of protecting trees when installing sidewalks.

Commissioner Schnell agreed with Commissioner McConnell saying the Village needs to be creative in order to save as many trees as possible.

Dr. Gordon Goodman, 5834 Middaugh, supports the point of view that the Council must establish a tone and make it clear to the staff the importance of these trees. In regard to the trees along Brookbank’s right-of-way, Dr. Goodman said if there were a median rather than just pavement, similar to what exists on the south portion of Brookbank, he believes many if not all of the trees could be saved. Moreover, if the preliminary plans considered by the Plan Commission for Jefferson also included a median, the trees that had been cut down on private property could have been saved. There are some real issues which he believes represent an attitude problem which he hopes can be addressed. Dr. Goodman said that imagination, education and explanation is an important part of the project.

Dr. Goodman said he sees no difference between this ordinance and the one tabled earlier. There is a clearer picture of it, however, due to staff’s memorandum. If the Village provides for fines, and sufficient fencing around the trees, it will not lead to more parkway trees coming down, as was indicated to the Council on April 5. He is disappointed that the Village has lost an opportunity to talk about trees on private property, which was the original intention for tabling the Ordinance. He noted that Commissioner McConnell stated previously that the issue of private property would be brought up in May, and he said this is the meeting at which that issue should have been brought up. He thinks it is important for the Council to set another Workshop where the private property issue will be returned to the Council. The information the Council needs is in the Environmental Concerns minutes, as well as in the Community Dialogue minutes of March 23. That input is available, and can deal with the question of protection of trees on private property as well. He said he provided the Council with a detail of what had been taken out of the original Ordinance. There is very little work to be done, and the Council should be able to move ahead with this and provide for protection of trees on private property.

The Mayor said that the Council asked to have private trees included in the Dialogue.

Dr. Goodman said the Village and staff were correct in making tree preservation the leading edge of this issue. He strongly advised not mixing it in with the general construction and demolition issues.

Laurel Bowen, 829 Clyde Drive, said that a couple of years ago 100 trees were removed on Lee Street for sidewalks and not replaced. That is not a creative use, and she asked when those would be replaced. She further wondered why the Village permits a builder who purchases property to remove the trees before a plan is approved. She noted this happened on Brookbank. Ms. Bowen said that Glen Ellyn assesses trees, and provides people with the value of the trees for private trees.