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September 04, 2007

1. Call to Order

Mayor Ron Sandack called the regular meeting of the Village Council of the Village of Downers Grove to order at 7:00 p.m. in the Council Chambers of the Downers Grove Village Hall.

Pledge of Allegiance to the Flag

Mayor Sandack asked Boy Scout Troop 95 to lead those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Bruce E. Beckman, Commissioner Geoff Neustadt and Mayor Ron Sandack Absent: Village Attorney Enza Petrarca Non Voting: Village Manager Cara Pavlicek, Village Clerk April Holden and Assistant Village Attorney Ann Marie Perez 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 presiding officer will ask, at the appropriate time, 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. Remarks should be limited to five minutes, and asked that individuals refrain from making repetitive statements.

Mayor Sandack 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

Executive Session Minutes for Approval Only – August 7, 2007 Council Meeting – August 21, 2007 Workshop Meeting – August 28, 2007 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

Bi-weekly Update – Fire Station 2 Construction

Ed Disler said there was a lot of rain last month, but he is impressed with the work that has been accomplished. They may have the roof up by September 18 on part of the building. He said they are not worried about the time schedule at this point.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Alice Strelau, 5611 Brookbank Road, said that the Village Council will be voting on rejecting the proposals for Brookbank Road to allow staff to consider more favorable arrangements for the neighborhood. She said this is so important to her neighborhood, and she is glad to see that they are at this point right now. There is a 60” pipe below their street right now, and that will help getting the water from their yards to where it should be diverted. Ms. Strelau noted that the neighbors have shown great persistence, patience and perseverance. She thanked the Council for their work with the neighbors and for voting for the project.

B. Comments and Questions on General Matters

Bill Wrobel, 7800 Queens Court, commented on the suggestions to double fines to drivers who use cell phones while driving. He noted that the Chicago Tribune has a story regarding this matter. He said apparently this is a very good revenue source. He is an advocate for traffic calming and people who get tickets could fund the traffic calming devices.

Christine Fregeau, 1918 Elmore, noted that thanks to Home Rule sales tax and the DuPage Water Commission rebate, the Village is able to fund some projects, and she asked that updates on road projects and the rerouting of traffic be posted on Downers Grove TV and the Village website.

Terri Bryzinski, 2219 Haddow, commented about her concerns regarding the Plan Commission hearing of August 6 and conflicting information regarding the parking lot on the southwest corner of Belmont and Haddow. She said that the posted notice was vague, misleading and deceiving, and then she read the notice. Ms. Bryzinski said that the staff report referenced rezoning and subdivisions, with no mention being made about a parking lot, yet that is what the hearing was all about. She indicated that no one had a clue that this had anything to do with a parking lot. The Plan Commmission meeting has been continued to October 1, and she understands that legally, there is no requirement to re-notice that meeting. It would be a disservice to the community to not re-notice the meeting. She said in the interest of good faith and of working with the community it would be good to put this in the paper and also notify residents. She stated that the notice needs to be stated clearly. This concerns a parking lot in a residential neighborhood and the Village is the petitioner in this case. She noted there is also confusion as to who owns the property.

Ms. Bryzinski said she also had concerns that Deputy Village Manager Dave Fieldman represented the petitioner at the meeting, and asked whether this could be a conflict of interest. She had a letter from the Manager that said that the Village owned the property, while a letter from Jeff O’Brien stated that Metra owned the land. She was told that the staff was waiting to receive a quit claim deed. She felt that if Metra is the property owner, they should be required to present their own petition. She questions the Village acting as the petitioner. She reiterated that there was a lot of information lacking regarding this petition. She added that no public comments forms were available from previously attended meetings to the Plan Commission.

The Mayor said he thinks she is getting into the merits of a meeting that is continuing.

Ms. Bryzinski said she just wants to be sure that the information is given to the Commission. She gave the information to Mike Millette on April 18, and he did not give that information to the Commission. The Mayor said that there is a proceeding before the Plan Commission where she can present that information. Ms. Bryzinski said written information was given to staff and that was not disseminated to the Commission.

Ms. Bryzinski then said that there has been an assumption by people that the parking lot is required as part of the underpass. Mr. Fieldman told her that it is a required element of the intergovernmental agreement. She is concerned about this as well because it usurps the zoning process. A residentially zoned property is going to become a parking lot and she is concerned about the legality of this. She is also concerned about the timing of the request and Metra’s desire to start work there soon. The underpass was confirmed at $32 million, but it is now estimated at $56 million. She said her understanding is that the current intergovernmental agreement is for a project that is not funded. Ms. Bryzinski further noted that to her knowledge Metra has not petitioned ICC for the funds. She recommends that they make the zoning conditional upon the petition to the ICC from Metra.

The Mayor suggested that Ms. Bryzinski address her comments to the Plan Commission as they have to hear this information first.

5. Public Hearings

6. Consent Agenda

COR00 -02970 A. Claim Ordinance: No. 5705, Payroll, August 17, 2007 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02971 B. List of Bills Payable: No. 5688, September 4, 2007 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

MOT00 -02968 C. Motion: Accept the Facility Needs Assessment Study Report by PSA -Dewberry Sponsors: Manager’s Office A motion was made to Award this file on the Consent Agenda. Indexes: Village Hall – Space Needs

MOT00 -02973 D. Motion: Note Receipt of Minutes of Village Boards and Commissions Summary of Item: Stormwater and Flood Plain Oversight Committee – June 20, 2007 Library Board – August 8, 2007 A motion was made to Award this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

A motion was made by Commissioner Tully, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack

7. Active Agenda

MOT00 -02961 A. Motion: Authorize the Rejection of all Bids, Waive Further Competitive Bidding and Authorize Negotiation of the Brookbank Storm Sewer & Water Main Improvements Project Sponsors: Public Works Summary of Item: This rejects all bids received in connection with the Brookbank Storm Sewer & Watermain Improvements per Section 6.1 of the bid document, waives further competitive bidding and directs staff to negotiate a contract most favorable to the Village. The negotiated contract shall include the concrete ribbon alternate. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Authorize this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Storm Sewers, Water Main Improvements, Brookbank Storm Sewer & Water Main Improvement

MOT00 -02962 B. Motion: Authorize Release of Request for Proposals (RFP) to Provide Residential Solid Waste Collection and Disposal Services Sponsors: Manager’s Office Summary of Item: This approves a Request for Proposal (RFP) for Solid Waste Collection and Disposal Services and authorizes release of the RFP . A motion was made by Commissioner Durkin, seconded by Commissioner Beckman, to Authorize this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Refuse, Recycling, Yard Waste Services

ORD00 -02963 C. Ordinance: Rezone Property Located at 4314-18 Florence Avenue from R-6, Multiple Family Residential, to B-3, General Services and Highway Business Sponsors: Community Development Summary of Item: This rezones the property south of 4314-18 Florence Ogden Avenue from Village R-6, Single Family Residential, to Village B-3. General Services and Highway Business District.

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 PROPERTY LOCATED AT 4314 -18 FLORENCE AVENUE

ORDINANCE NO . 4904 Commissioner Schnell said she will vote “No” on the next three items. She clarified that this project is not consolidating all activities on the south side of the street. It does not provide relief in terms of people crossing Ogden Avenue where there is not a crosswalk. The project is intrusive into the neighborhood. She feels the Village is not getting enough in terms of meeting the Ogden Avenue Master Plan to do this. A motion was made by Commissioner Beckman, seconded by Commissioner Neustadt, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Nay: Commissioner Schnell Indexes: Subdivision – Luxury Motors, Special Use – 317, 319, 321 & 327 Ogden Avenue, Rezone 317-327 Ogden – R-6 to B-3

ORD00 -02964 D. Ordinance: Authorize a Special Use for 317, 319, 321 and 327 Ogden Avenue to Permit an Automobile Dealership Sponsors: Community Development Summary of Item: At their meeting of August 20, 2007, the Plan Commission recommended that a Special Use be granted for the property located at 317, 319, 321 and 327 Ogden Avenue for an automobile dealership.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 317 , 319, 321 AND 327 OGDEN AVENUE TO PERMIT AN AUTOMOBILE DEALERSHIP

ORDINANCE NO . 4905 A motion was made by Commissioner Waldack, seconded by Commissioner Neustadt, to Authorize this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Nay: Commissioner Schnell Indexes: Subdivision – Luxury Motors, Special Use – 317, 319, 321 & 327 Ogden Avenue, Rezone 317-327 Ogden – R-6 to B-3

RES00 -02965 E. Resolution: Approve the Final Plat of Subdivision for the Luxury Motors South Subdivision Sponsors: Community Development Summary of Item: At their meeting of August 20, 2007, the Plan Commission recommended approval of the Final Plat of Subdivision for the Luxury Motors South Subdivision.

A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR THE LUXURY MOTORS SOUTH SUBDIVISION

RESOLUTION 2007 -91 A motion was made by Commissioner Neustadt, seconded by Commissioner Tully, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Nay: Commissioner Schnell Indexes: Subdivision – Luxury Motors, Special Use – 317, 319, 321 & 327 Ogden Avenue, Rezone 317-327 Ogden – R-6 to B-3

RES00 -02966 F. Resolution: Amend the Debt Management Policy Sponsors: Deputy Village Manager Summary of Item: This makes certain amendments to the Village’s debt management policy.

A RESOLUTION AMENDING THE POLICY OF THE VILLAGE COUNCIL WITH RESPECT TO DEBT MANAGEMENT Commissioner Tully moved to adopt a “Resolution Amending the Policy of the Village Council with Respect to Debt Management,” as presented. Commissioner Durkin seconded the motion.

Commissioner Waldack said he cannot support this as it is currently written, specifically with regard to Section B, Ceding the Village’s Bond Cap. It refers to a formalized application and the Village does not have a formal application. Anyone calling for an application would not get one. He said that changing the wording to “a written request” might be sufficient. Regarding government agencies, they might not be able to follow the requirements. He said that the Village may be providing the description of the project rather than the agency. As for the $100 application fee, he suggested the option to waive fees. He asked to table this until the language is cleared up so it is not confusing to the applicants or future staff or Council.

The Mayor said they are not trying to change a policy as much as to put a policy in place.

Commissioner Tully said there is no rush to do this. This came at the request of Council to provide some structure, and they need to get this in place before next season. He would support a Motion to Table this. He did have some questions regarding wording. He said he envisioned the application to be a one-page application. He also doesn’t think that the $100 application fee is too much to require. He noted that this Village does have a fee waiver policy for not-for-profit agencies. Commissioner Tully said he has no problem with an application process per se because it is good to have a triggering event.

Commissioner Schnell asked whether staff has a formal application in mind, and noted that the Council members need to get their questions to staff in a more timely fashion so that there are no surprises. She doesn’t have a problem waiting on this. They need to give staff direction as to what the Council wants to see.

Commissioner Beckman said he is concerned whether the staff been given adequate direction, if it is decided to table this issue. He wants to be sure that staff has the direction and the Manager said they do.

Commissioner Waldack moved to table this resolution for three weeks. Commissioner Beckman seconded the Motion.

The Mayor declared the Motion passed as amended. A motion was made by Commissioner Waldack, seconded by Commissioner Beckman, to Table to a Date Certain this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Debt Policy

RES00 -02967 G. Resolution: Authorize an Agreement with Hamilton Partners re: Abrogation of an Easement at 3131 Woodcreek Drive Sponsors: Community Development Summary of Item: This authorizes an agreement between the Village of Downers Groe and Hamilton Partners for the abrogation of an easement located at 3131 Woodcreek Drive and the granting of a new easement.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND HAMILTON PARTNERS

RESOLUTION 2007 -92 A motion was made by Commissioner Durkin, seconded by Commissioner Beckman, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Abrogation – 3131 Woodcreek Drive

ORD00 -02969 H. Ordinance: Authorize the Sale by Public Auction of Personal Property Owned by the Village of Downers Grove Sponsors: Public Works Summary of Item: This will authorize the sale of various property owned by the Village of Downers Grove at a public auction conducted on October 13, 2007 by the DuPage Mayors and Managers Conference.

AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4906 A motion was made by Commissioner Beckman, seconded by Commissioner Schnell, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Vehicle Auction, Vehicle Sales

ORD00 -02974 I. Ordinance: An Ordinance Relating to Stormwater Variance for 4940 Wallbank Sponsors: Manager’s Office and Stormwater & Flood Plain Commission Summary of Item: At their meeting of August 30, 2007, the Stormwater and Flood Plain Oversight Committee recommended that a stormwater variance permit be granted for the property located at 4940 Wallbank Avenue.

AN ORDINANCE GRANTING STORMWATER VARIANCE FOR 4940 WALLBANK AVENUE

ORDINANCE NO . 4907 A motion was made by Commissioner Schnell, seconded by Commissioner Waldack, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Stormwater Variance

8. Mayor’s Report

New Business

RES00 -02972 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: ARCHITECTURAL DESIGN REVIEW BOARD

Reappoint James Russ, Jr. and Elena Falco to three-year terms expiring August 31, 2010

TECHNOLOGY COMMISSION

Appoint Don Nichols to the Technology Commission for a three-year term ending August 31, 2010

A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO BOARDS AND COMMISSIONS

RESOLUTION 2007 -93 The Village Clerk read the Resolution regarding Appointments to the Architectural Design Review Board, and the Technology Commission.

Commissioner Beckman said that they have a unique situation in that they had three individuals who were interested in being appointed to the Technology Commission, all three of whom would have worked well. He noted that Don Nichols possessed skills that can be useful to the Village immediately.

The Mayor expressed his appreciation to all who choose to serve the Village on Boards and Commissions. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Boards and Commissions Materials to be Received

Materials to be Placed on File

9.Manager’s and Directors’ Reports

Assistant Village Manager Mike Baker announced that Amnesty Day will be held during the week of September 17. Residents can put out an unlimited amount of refuse after tagging the first three bags or cans. He said there is a list on the Village’s website regarding what can be included. He noted that the Village of Lombard will be hosting a recycling extravaganza on September 15 from 9:00 a.m. to 3:00 p.m., and that link is on our Village website.

Commissioner Schnell said that in the past, people have put out ticketed items the weekend before and asked whether that is allowed. Mr. Baker said that the Municipal Code sets the restrictions and he will review this. Commissioner Schnell said she thinks there is some confusion about this.

10. Attorney’s Report

Future Active Agenda

11.Council Member Reports and New Business

Commissioner Waldack thanked Mr. Wrobel for his comments at the meeting earlier. He said if necessary he would make a motion to double the fine for drivers on cell phones. He would like to refer the matter to the Parking and Traffic Commission.

Commissioner Waldack moved that the concept of doubling fines of persons who are driving while using cell phones be submitted to Parking and Traffic Commission for their consideration. Commissioner Beckman seconded the Motion.

Commissioner Durkin said he supports that concept.

Commissioner Schnell said she has no problem with the concept going to Parking and Traffic, but wants input from the Police Department.

Commissioner Beckman agreed with Commissioner Schell’s idea.

Commissioner Tully said that this is a concept that needs more thought and research at the staff level before referring it to a Board. They have to determine whether or not this is viable and obtain more information. It may be this is more appropriate for the Public Safety Commission rather than P&T. He suggested putting it off for a reasonable time frame such as two weeks or so.

The Mayor said he tends to agree with Commissioner Tully’s comments with regard to obtaining more information. He recommended that everyone give their ideas or concepts to the Village Manager, including the Police Department, and then determine which Board or Commission would be the best to review it.

None of the Council members were opposed to the Mayor’s and Commissioner Tully’s recommendations, and Commissioner Waldack said his purpose was simply to bring this matter to the Council’s attention for discussion. He said he would remove the Motion as long as this will be considered.

Commissioner Waldack then showed his helmet which he uses when he rides his Segway. The helmet is used for protection. He said that his wife suggested he decorate it to make a statement. He said this is to protect people while they are skateboarding, rollerblading, bicycling, etc. Commissioner Waldack suggested that helmets could be used not only to protect your brain but also to allow someone to make their statement and express their individuality by decorating their helmet. He brought this up because of an accident that occurred where two students were killed while skateboarding, and the third suffered serious brain damage. To help prevent future injuries, Good Samaritan Hospital will hold an event to promote helmet safety on September 8 at 10:00 a.m. in their Critical Care Unit. He noted that they will be giving away helmets which will be fitted to each individual. It is on a first come, first served basis. He added that in the future, patients being treated for head injuries as a result of bike/skateboard injuries will be given helmets by the Hospital.

Mayor Sandack noted that Ms. Crawford from the Chamber of Commerce was present, and he announced that the Chamber will hold its Black and White Ball on September 15 at the Doubletree. Dr. Gordon Goodman has been put forth as the Chamber’s Citizen of the Year.

The Mayor asked a member from Troop 95 to explain their current project. Brian Parker said he was working on his Citizenship in the Community merit Badge. They are required to come to a meeting, and perform eight hours of service work for charitable organizations. The Mayor gave the troop Downers Grove pins and thanked them for leading the audience in the Pledge of Allegiance.

12. Adjournment

Commissioner Tully moved to adjourn. Commissioner Durkin seconded.

VOTE : YEA – Commissioners Tully, Durkin, Beckman, Neustadt, Waldack, Schnell, Mayor Sandack

Mayor Sandack declared the motion carried and the meeting adjourned at 8:04 p.m