April 25, 2006

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 Cara Pavlicek; Village Clerk April Holden

Absent:Village Attorney Enza Petrarca; Deputy Manager Dave Fieldman

Visitors: Press: Kevin Stahr, Downers Grove Reporter Residents: Jim Russ, 4915 Main Street; Bill Wrobel, 7800 Queens Court; Andrew Eichler, 1133 Saylor Street; Andrew Flowers, Cingular Wireless, 5905 Fairview; Human Services Commission members: Trisha Svehla, Princess Cynthia Dempsey, Geoff Neustadt; Dick Benes, Zoning Board of Appeals, 5236 Fairmount Avenue; Robert Barnett, Liquor Commission, 730 Maple Avenue; John Schofield, 1125 Jefferson; Christine Fregeau, 1918 Elmore Avenue; Barb Wysocki, CEO , Chamber of Commerce Staff: Ann Marie Perez, Assistant Village Attorney; Fire Chief Phil Ruscetti, Mary Scalzetti, Director, Tourism & Community Events; Police Chief Bob Porter; Dave Barber, Director, Public Works; Andy Matejcak, Director, Counseling & Social Services; Kerstin von der Heide, Forester; Don Scheidler, Deputy Director, Community Development; Greg Zimmerman, Director, Human Resources; Liangfu Wu, Director, Information Services; Dennis Burke, Assistant Director, Human Resources; Mike Baker, Assistant Village Manager; Carol Conforti, Staff Liaison to the Liquor Commission

Mayor Krajewski explained that Council Workshop meetings are held the second and fourth Tuesdays at 6:30 p.m. The meetings are video taped live and for later cable cast over cable channel 6.

The Workshop meeting is intended to provide Council and the public with an appropriate forum for informal discussion of any items intended for future Council consideration or just for general information. No formal action is taken at Workshop meetings.

The public is invited to attend and encouraged to comment or ask questions in an informal manner on any of the items being discussed or on any other subject. The agenda is created to provide a guideline for discussion.

MANAGER

Consent Agenda Items

Village Manager Pavlicek reviewed the Consent Agenda Items.

Bid: 2006 Pavement Rehabilitation Program (CIP Projects ST-004 & ST-014)

Commissioner Sandack asked about the original expected contribution in the contract, noting that the actual number is less than expected. He asked whether they should be looking at packaging these issues to discuss this with the Park District.

Manager Pavlicek said the original expectation was that the contribution of the Park District would only be 50% of the project cost. From a budget standpoint the estimate included bidding several projects together. The Park District is holding up their commitment, but the revenue is less than expected.

Commissioner Sandack said he wondered if there was a need to resolve any continuing matters that may exist in joint partnership. The Manager said that the Village is trying to maintain an on-going dialogue to work in partnership.

The Mayor noted that the bids were under what was estimated, therefore the 50% share is less than anticipated.

The Manager said that from the Village’s perspective they would like to still do paving projects up to the amount adopted in the budget, recognizing that one of the sources of revenue will not be from the Park District, but from another source of revenue in the capital fund budget. The Mayor said that would mean having to take $32,000 from some other source in the budget.

Commissioner Schnell mentioned reading an article that said asphalt prices would be going up about 12% soon, and that some of the largest paving companies said they did not know how they would be able to meet bids already agreed upon. She asked what would happen in that situation.

Dave Barber , Director, Public Works, responded that a performance bond guarantees that the work will get done for the agreed upon price. This particular contract was only recently bid so it is in good shape.

The Manager added that some contracts come with riders attached, but that is not the situation in this case.

Bid: Tree & Stump Removal

Final Change Order – 2005 New Sidewalk Program (CIP Project S-004)

Contract Extension with Environmental Safety Group

Contract Extension with Municipal Emergency Services, Inc.

License Agreement Amendment with New Cingular Wireless Antenna Equipment on the 4414 Downers Drive Water Tank

Purchase of Re-Insurance Property, Casualty and Excess Liability Coverage (waive one-week waiting period)

Bid: McCollum Park Maintenance Facility, Phase 3 (CIP Project WR-007)

Employee Request to Authorize Out-of-State Service Credit in IMRF

There were no comments on the remaining items.

Active Agenda and Informational Items

2006 Sidewalk Matrix Update Bid: 2006 New Sidewalk Program

Dave Barber, Public Works Director, said the sidewalk matrix was reviewed at length last year, and staff proposes that the matrix be updated to reflect FY 2010 projects. He reviewed FY 2010 projects 30 to 41, based on a $360,000 annual budget. He further noted that the 2006 Sidewalk Matrix includes a separate list of 13 segments that have constructability issues. He also referred to those items completed and removed from the list. Mr. Barber noted projects on State and County routes, specifically the design for sidewalks on Ogden Avenue, which come under two grants. Construction will begin next year on those.

Commissioner Schnell asked whether the Village has acquired right-of-way parcels for Ogden Avenue, and Mr. Barber said they have not. They have been successful with new developments taking place that include sidewalks, however.

The Mayor said perhaps they should take a more proactive approach by notifying businesses as to the need for the right-of-way access for construction next year. In the future when they bid out sidewalk construction, he said it might be good to include alternative segments that are scheduled for the next year. The Mayor said recently a resident commented on gaps in sidewalks. He asked for a list of gaps where there is a sidewalk on one side of the street with gaps on the other side.

Mr. Barber said he would have a GIS layer of the sidewalks finished by the summer. The Mayor responded that he would like to see the gaps closed.

Commissioner McConnell asked for clarification of the terms “continuity” and “obstruction.” Mr. Barber responded that site obstruction deals with corner areas. This would also include narrower streets where obstructions may occur, such as shrubs interfering with access. As for continuity, it relates to walkways that do not connect to any location. Commissioner McConnell clarified then that the “connectivity” could relate to the other side of the street, and Mr. Barber said that was correct. He said that the 61st Street area connects to two connecting network sidewalks.

Commissioner Tully said he was glad to see that, in the memo on the matrix update, there was an attempt to capture the history of where the sidewalk matrix policy originated. It came about as the result of the public dialogue, Total Community Development II (TCD II), and the policy is rooted in citizen/resident interest.

With respect to the 2006 matrix update, Commissioner Tully noted the projects listed on page 5. He asked that the project rank of 2005 be included. He thinks it would be useful to have that original ranking listed for comparison.

Commissioner Tully then referred to the Stormwater and Flood Plain Oversight Committee minutes from February 23, 2006, which included discussion of sidewalks. As part of the Master Plan update, there was discussion regarding long-term possibilities of curbs and gutters. He said there may be some benefit in the future of considering curb and gutter with the sidewalks to improve stormwater management. He then asked how that could tie into the sidewalk matrix in the future.

Mayor Krajewski asked whether they could add a column to the matrix of those sidewalks that already have completed design work or survey work. Mr. Barber said he would add the information they have available. The Mayor then asked about the speed count column, saying some dates are 8-10 years old. Mr. Barber said that some have had new counts done, and they are trying to get 20% of these done per year.

The Mayor said it appears that they are $80,000 under budget, $20,000 of which is being held, and some for Nelson Meadow. He asked if that would be bid out. Mr. Barber said they hope to do the area north of Nelson Meadow to Blanchard, and they expect it to be about $25,000. He said he would come back next week with the figures, and noted other areas where small sections, such as Glenview, can be added. Mr. Barber said that A&R Concrete came in with the low bid for $280,558.00, and the Village’s estimate was $340,000.00. He said the projects for 2006 are: 1) Douglas Road, between 39th Street and Ogden Avenue; 2) Florence Avenue, between Ogden Avenue and Otis Avenue; 3) Lincoln Avenue, between Middaugh Avenue and Linscott Avenue; 4) Curtiss Avenue, between Belmont Road and Cornell Avenue; 5) Washington Street, between 59th Street and 60th Place; 6) 61st Street, between Brookbank Road and Main Street; and 7) Saylor Street, between Saratoga Avenue and Main Street.

Commissioner Schnell said the Belmont and Cornell area ends at a dangerous spot. Mr. Barber said the sidewalk will be on the east side of Cornell so it connects at Gilbert. Commissioner Schnell said that there is a two-block gap there.

The Mayor suggested they negotiate with A&R to see what segments make sense to add on.

Commissioner Schnell said that a question was raised about the Washington Street sidewalk that ends at a dangerous spot, and Mr. Barber said he would look into this. As to when the rest of the area will be completed, Mr. Barber said that they have stormwater problems in that area and they may have to do sidewalks at a later date due to the storm sewer problem and lack of swales. He explained the construction problem evolved because of the stormwater problems.

Mr. Barber said that staff has held open houses, and has been working with neighbors on minor adjustments where needed. He added that staff recommends awarding the bid to A&R Concrete.

Commissioner Schnell commented about the meetings with residents and the helpfulness of staff that has avoided major complaints. She complimented Mr. Barber and his staff for keeping the residents involved in the projects that affect their neighborhoods.

Manager Pavlicek added that staff has started a dialogue through Public Works to maximize Home Rule Sales Tax dollars and to tie together some of the sidewalks/curb/gutter projects.

Special Use for First Presbyterian Church to Permit a Two-Story Addition.

Commissioner Tully said that it appears that the request meets the criteria for the amendment to the existing Special Use.

Special Use for Downers Grove Swim & Racquet Club to Permit a Swimming Pool.

Commissioner Schnell asked whether she can vote on this if she is a member of the Club. Manager Pavlicek said she would verify this with the attorney.

Commissioner Tully said that this request also appears to meet the criteria. He commented that the Village has a good tool in requiring changes to existing special uses to come before the Council.

Creation of Process to Appoint Youth to Selected Commissions.

Andy Matejcak , Director of Counseling and Social Services, said the Human Services Commission has been working on the 40 Assets Community Project, which is a research based survey administered to 7th graders in Downers Grove. He said that Downers Grove was identified as a community that has 21.5 assets to help reduce the risk of children becoming involved in harmful activities or acting-out behavior. A healthy community is rated at about 30 assets. Districts 58 and 99, and Character Counts studied the survey results, and recommended a process be created to involve youth in government. He discussed some of the issues yet to be determined including the number of members, voting rights, etc.

The Mayor said he thought this was a great idea. He said that in many of his school talks, 3rd and 4th graders are involved in discussions on local government. He asked if candidates are expected to be appointed in their junior year and serve through their senior year. Mr. Matejcak said school representatives suggested starting in the sophomore year through their junior year, to allow for students to report back to their schools.

Mayor Krajewski said he is not sure about voting rights, or having an even number of board members due to the possibility of a tie. He also asked about the selection process. Mr. Matejcak said the Village will have a connection with the school, and perhaps Council liaisons could review the candidates. The Mayor said he would like to look at alternatives to submitting resumes.

Commissioner Sandack said that the idea of youth in government is a winning principle, and makes eminent sense. Regarding the 21 assets, a friend of his who was familiar with the report took the 21 assets to mean that Downers Grove was not a kid-friendly town. He sees this as a terrific step forward.

Commissioner Schnell agreed that this is a good idea. Whatever can be done to get youth to understand government and how it works is positive. She asked why they would have just a one-year term. Service on some boards might require more than one year to learn the issues and to make a contribution. Mr. Matejcak said there are unique aspects to this particular appointment, including graduating, scheduling issues, etc., that might not allow two-year participation.

Commissioner Urban said that the Community Events Commission did have youth appointed to it at one time, and he asked whether those students had voting rights. Mr. Matejcak said they did not. Commissioner Urban said he would like to think about the voting rights. He thanked staff for pursuing this and for providing a way for youth to become involved in their community.

The Mayor said this gives more young people the opportunity to work with government, and he would favor a one-year appointment. He asked as to the possibility of creating a Youth Board to discuss youth issues within the community. Mr. Matejcak said that that has not been discussed. They were concerned about involving the youth in the current process. The Mayor said he would be interested in a Youth Board to learn what the young people see as problems.

The Manager said that this will be an ever-evolving process and more recommendations will occur over time.

Commissioner McConnell thanked the Human Services Commission for studying and pursuing this issue. The assets survey was a major project. It is not unusual and it does not mean that it is a bad community to have 21 assets. It means we have opportunities. She said that youth feel they are not valued for their ability to be active participants in the community. Regarding the voting rights issues, voting gives the youth the expectation that they have the authority and responsibility to act like active, responsible members of the boards. It is worth having a conversation about whether the youth should be voting or non-voting members. She noted that the youth would be serving on advisory boards. This is an opportunity to create future leaders of the community.

Commissioner Waldack thanked the Human Services Commission and Commissioner McConnell for her work on this. He is excited about involving the youth in the governmental process. He said having youth on boards and commissions is not a new idea. He would like to involve as many students as possible and therefore prefers to see a one-year term. Voting is very important to their purpose for being on a board. He would like to see the plan take effect sooner rather than later. He referenced an article regarding citizenship training receiving less emphasis than math and science training.

Commissioner Tully said that junior citizens are one of the community’s most important assets. They have tremendous involvement in making Heritage Festival happen through their participation. He is fully in favor of increasing their involvement, as this is the Village’s opportunity to add another voice to the chorus of public input. There are 50,000 residents all of whom have to be served, including those who cannot vote. He is open to conversation as to the boards that may lend themselves to youth members. He sees a one-year term as practical and probably more workable, but they could re-evaluate that. As for voting, boards are advisory, and often if something is not recommended it may not come to the Council. He shares the concern about creating an imbalance of members. Junior citizens are treated differently in this country. He would be in favor of having them serve as ex-officio members. He noted that many current ex-officio members are engaged and highly valued due to their expertise, although they do not vote. He sees this as a great idea that will enhance the overall community.

The Mayor said the first group of people he spoke with when he first ran for Mayor was 18 and 19 year olds. He is not opposed to voting rights for the Youth Board; however, he is not sure about voting rights for youth members appointed to existing Village boards and commissions.

Mr. Matejcak then introduced Trisha Svehla, Geoff Neustadt and Princess Dempsey as the members of the Human Services Commission present as tonight’s meeting.

Trisha Svehla , 4808 Oakwood, said they looked at all sides in this issue and appreciate the comments of the Council. They would like to see the students have a vote because they want it to be more than window dressing. She referenced a 10-year old boy she saw on television who has already decided he will be running for President in 2036. He said that if you get kids’ interest now there is no doubt they will be counting the days until they are 18 and they can vote.

Barb Wysocki , CEO , Chamber of Commerce, said she highly endorses this program, which has both short-term and long-term benefits to the community, and will provide future leaders to the Village. She said the Leadership Academy is part of the Chamber’s activities and she agrees that these students should be voting members.

Manager Pavlicek said that staff will need direction regarding voting.

Commissioner Schnell said she would have concerns about an even number of members.

Commissioner Sandack said they need an odd number panel. He thinks they should be able to vote and make recommendations. It is a work in progress, and thinks this can be used as an experiment for a year and then reevaluated. He recommends being flexible.

Manager Pavlicek said that staff will review this with the Village Attorney’s office, with the intention of presenting an ordinance for consideration in May.

Commissioner Schnell said they would need to look at advertising the positions to interview the students over the summer so they can start this in the fall.

Commissioner Tully suggested adding the Community Grants Commission to the list.

Liquor Ordinance Amendment.

Manager Pavlicek provided some background information on this, and apologized if any offense was taken by any Commission members as to her comments regarding the timeline. She said staff is able to take this under any timeline directed by the Council.

Commissioner Schnell said that the Liquor Commission did a good job in redefining the categories of the licenses, the number available and the fee structure. She would like to see some “teeth” included in terms of training, with the ability to bring every entity that has a license the same level of training. She said in her opinion the housekeeping items could be voted on next week. Her issues that would require additional information would be in regard to sales on Sundays, and probationary licenses. The Commissioner said she thinks 8:00 a.m. for sales on Sundays is too early. She’d like the staff and the Liquor Commission to look at these further with additional research, and make other recommendations, perhaps for items such as a “brunch license.” She likes the idea of additional training, better enforcement and improving safety factors for the community. She is comfortable with being strict with enforcement and fines.

Assistant Village Attorney Ann Marie Perez asked whether she would want to see those two items tabled for later consideration. Commissioner Schnell said she would. She said that she would be ready to vote on the remainder, however. She added that the Liquor Commission did great job on this.

Mayor Krajewski said he would like to see mandatory training implemented immediately. He is not sure about the logistics of employers getting everybody trained in the required amount of time. He agrees with Commissioner Schnell regarding the probationary licenses, and Sunday hours. The Mayor said he would like the Chamber to weigh in on the Sunday hours as well as brunch issues and hours. In regard to license classification, he does not see a need to get that in place this year, and wants to be sure that all licensees understand that the classifications have been amended for clarification, but essentially remain the same.

Commissioner Sandack said that the Liquor Commission had meaningful debates over a number of months, and there was no full concurrence on all points. Some of the changes clean up antiquated language. All ordinances should go through this housekeeping process. As for training, he fully supports mandatory certified training for all licensees. Some of the changes put more “teeth” in the enforcement, and he supports more fines and more consequences for violations. He stated that serving alcohol is not a right, but is a licensed privilege with important consequences. As for the hours of operation on Sundays, this is a legitimate policy discussion, and the probationary licenses are another legitimate discussion. He would agree to take out those two provisions, and is in favor of the other aspects presented. He thanked the members of the Liquor Commission for their work, and for providing good identification of issues.

The Mayor asked how many people serve liquor.

Carol Conforti, Staff Liaison to the Liquor Commission, responded that there are 65-70 licensees, with each establishment ranging from two employees to sixty employees. There are different certified training sessions for on-site training, or other options. The Mayor said he is concerned about getting all the employees who sell or serve liquor trained in a four-month timeframe.

Ms. Conforti said that the Liquor Commission discussed this in terms of options. She said that the license year begins July 1, and they anticipate having everyone trained by December 30. She noted that the certifications are transferable throughout the community and the certification is for three years.

Commissioner Urban said he is in favor of the training and has been so for a very long time. He asked whether they have considered holding the training through the Village. Manager Pavlicek said that could be inappropriate as the Village is an enforcement entity.

Ms. Conforti said that she was a certified trainer at one time, and it was discussed some time ago that it would not be prudent for Village employees to do the training, because those who fail control buys could come back and say Village personnel trained them.

Commissioner Urban then asked the reasoning behind why they are not asking for training on special event licenses. He asked why they do not have at least one certified person on site. Ms. Conforti said that was discussed. Most of the special event applicants are not-for-profits who may not have a certified person available. Commissioner Urban said when a not-for-profit organization sells food for a special event, they still have to go through a sanitation class provided by the County. The County requires at least one member at a station or booth to have gone through the certified training. He would like to see the same for liquor. He then asked for definition of “brunch.” He gave the example of Omega Restaurant, with a beer and wine license, and asked if it would be considered brunch if he were to go there on Sunday at 8:00 a.m. for breakfast.

Ms. Conforti said that the provision of the ordinance is that the food service always has to be available during liquor sales except for one hour prior to the closing of the establishment. Brunch requires a food menu.

Commissioner Urban said he would like to see this move forward and be placed on next week’s agenda. He thanked everyone who has brought the ordinance to this point, and wants the Sunday sales hours and probationary license portions of the ordinance removed for further discussion.

Commissioner Tully said he appreciates the work of the members of the Liquor Commission. In terms of timing, he is concerned about the ability to go through this thoroughly by next week. He concurs that the addition of the mandatory certified training should be implemented in a reasonable manner for the licensees. He further agrees that the new provisions for probation and Sunday hours should be deleted from next week’s vote for further consideration. He thanked staff for their work.

Commissioner Waldack thanked the Liquor Commission for their work and discussion and appreciates that they are serious in addressing violations. The Liquor Commission is doing an excellent job of protecting the public. He hoped to see a more public discussion about serving alcohol with meal service, but that can be remanded to the Liquor Commission for further consideration. This ordinance does clean up some matters, and other issues can be tabled to a later date. He agrees that training is necessary and they could add language regarding the timeframe if necessary. Commissioner Waldack said a lot of this has to do with philosophy, and he likes the idea of Sunday morning without alcohol. He likes the idea of brunch, but the question is when is it served. He is against liquor sales staring at 8:00 a.m. on Sundays.

The Mayor noted that two restaurants have advertised Mothers’ Day brunches starting at 10:00 a.m.

Commissioner McConnell added her thanks to everyone who worked on this. She agrees that probationary licenses are intriguing concepts but need more thought. She would like to remove the 8:00 a.m. Sunday liquor sales timeframe as well. She noted that allowing liquor sales at 8:00 a.m. on Sundays would apply to the sale of packaged liquor as well as brunches. She would support the mandatory training as written, stating that some establishments already do training on their own. She recommends moving forward on this. She said she would like to think about surveillance or monitoring activities we should do. The ordinance reflects the community, and because the community has changed, some portions of the ordinance have been loosened up and that gives opportunity for abuse. Perhaps there are monitoring activities we would like to be doing, but do not have the wherewithal to do based on current fees. This may be more of a budgetary issue. She said she does not know the right amount of discretion regarding fines vs. suspension or a combination of the two. She urged that we continue to look at this in order to get people to understand how serious the Village is and to get people to comply with the ordinance.

The Mayor asked as to the last repeat offender. Ms. Conforti said that it was the Downers Grove Food Mart 1 to 1-1/2 years ago, and Fuddruckers a few years ago. The Mayor asked for information on this, stating that they have not had many repeat offenders to his recollection.

Barb Wysocki , CEO of the Chamber of Commerce, said that the Liquor Commission and staff have done a great job. She said she would like to take the Council’s input and provide it to the license holders for them to weigh in on and provide information. The Mayor suggested she also ask them about the length of time it would take to get their employees trained and let the Village know about the liquor classifications.

Bob Barnett , 730 Maple Avenue, said he is a member of the Liquor Commission. He thanked the Council for considering this topic. He said that the Commission is at the Council’s service regarding any questions that come up regarding the ordinance, or any other issues related to their charge. Mr. Barnett said that the Commission attempted to clarify and streamline an aging ordinance, and they tried to provide a means for organizations to grow their businesses. In conjunction with that, they attempted to balance the Village’s ability to utilize tools for enforcement of the sale of alcohol. He said this is great progress. Staff has kept this process moving, and he thanked the Legal Department staff for their work. He noted that it is an honor to serve the Village.

Manager Pavlicek said that this will be brought back to the Council next week with the items removed as directed. A separate Motion will also be provided regarding the workload and timetable to bring the remaining issues back. She will review items with the Police Department in terms of the budget.

Commissioner McConnell said if the probationary license is part of the ordinance, it would impact the amount of oversight on the Police Department’s part.

STANDING COMMITTEE REPORTS

There were no Standing Committee reports.

MANAGER ’S REPORT

Manager Pavlicek said that it is staff’s intention to review the process of utilizing the Standing Committees. On another matter, she said she will proceed to schedule a special Village Council meeting on Monday, June 12, 2006 with Lyle Sumek at 5:30 p.m.

ATTORNEY ’S REPORT

Assistant Village Attorney Perez said she was presenting six items to the Council: 1) A resolution authorizing execution of an extension to the contract between the Village of Downers Grove and Environmental Safety Group, Inc.; 2) A resolution authorizing execution of an extension to the contract between the Village of Downers Grove and Municipal Emergency Services, Inc.; 3) A resolution authorizing execution of a first amendment to license agreement between the Village of Downers Grove and New Cingular Wireless, LLC (4414 Downers Drive); 4) An ordinance authorizing a special use for First Presbyterian Church to permit a two-story addition; 5) An ordinance authorizing a special use for Downers Grove Swim & Racquet Club to permit a swimming pool expansion; and 6) An ordinance amending the Liquor Control Ordinance. Ms. Perez asked the Council to consider a motion waiving the traditional one-week waiting period to accept insurance bids for Village property, general/excess liability and workers compensation insurance coverages.

Mayor Krajewski called for a Motion to waive the one-week waiting period on the insurance renewal.

Commissioner Tully moved to waive the one-week waiting period, seconded by Commissioner Urban.

VOTE : AYES :Commissioners Tully, Urban, Waldack, Sandack, McConnell, Schnell, Mayor Krajewski NAYS : None

The Motion to waive the waiting period passed.

The Ma