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September 02, 2008

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 led 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 Non Voting: Village Attorney Enza Petrarca, Village Clerk April Holden and Deputy Village Manager David Fieldman 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 12, 2008 Council Meeting – August 19, 2008 Workshop Meeting – August 26, 2008 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

Capital Projects Update

Robin Weaver, Interim Director, Public Works, said there are 48 capital improvement projects valued at $23.1 million. Of these, ten are design only, twelve are done or substantially completed, and the remainder are in process or waiting for other action. One project has been cancelled. She highlighted the Roadway Maintenance Program, noting that it is substantially completed. She said there are three components to this program: Resurfacing, micro-surfacing, and crack sealing. With respect to resurfacing, 20 streets were resurfaced this year at a cost of $2.5 million. Eleven streets were micro-surfaced and 101streets were repaired via crack sealing. Curtiss and Main still need to be completed and are scheduled to be started Sunday night.

Commissioner Schnell asked about crack sealing a concrete street.

Ms. Weaver said the concrete is drilled and cleaned out and crack sealing is then used to repair the street. The crack sealing will appear black on the concrete street. She said it is impossible to resurface the streets every year, so the crack sealing is a method of preventive maintenance.

Commissioner Schnell thanked Ms. Weaver and her staff for responding to the concern on 39th Street so quickly.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were no comments.

B. Comments and Questions on General Matters

There were no comments.

5. Public Hearings

6. Consent Agenda

Commissioner Tully moved to remove from the Consent Agenda, for separate consideration, item E., a motion to accept Strategic Planning documents 2008-2012-2023. Commissioner Durkin seconded the Motion.

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

The Mayor declared the Motion carried.

COR00 -03455 A. Claim Ordinance: No. 5757, Payroll, August 15, 2008 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -03456 B. List of Bills Payable: No. 5736, September 2, 2008 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

MOT00 -03457 C. Motion: Accept the Downers Grove Downtown Pattern Book Sponsors: Community Development A motion was made to Accept this file on the Consent Agenda. Indexes: Central Business District, Pattern Book

RES00 -03462 D. Resolution: Authorize a Special Commercial Event License with the Rotary Club of Downers Grove for the 2008 Rotary Club Oktoberfest Sponsors: Village Attorney Summary of Item: A RESOLUTION AUTHORIZING A SPECIAL COMMERCIAL EVENT LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ROTARY CLUB OF DOWNERS GROVE FOR THE 2008 ROTARY CLUB OKTOBERFEST

RESOLUTION 2008 -88 A motion was made to Pass this file on the Consent Agenda. Indexes: Fee Waiver, Rotary Club – Octoberfest

MOT00 -03466 F. Motion: Note Receipt of Minutes of Boards and Commissions Summary of Item: Library Board – August 13, 2008 Parking & Traffic Commission – December 12, 2007 Zoning Board of Appeals – June 25, 2008 A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

The Consent Agenda was passed as amended. 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 -03463 E. Motion: Accept Strategic Planning Documents 2008-2013-2023 Sponsors: Deputy Village Manager Summary of Item: This accepts and files the strategic planning documents prepared by Lyle Sumek Associates, Inc.

Commissioner Waldack thanked the Council for removing this item from the Consent Agenda for separate consideration. He noted that the Strategic Plan is a very important document that has only been available to the public for less than two weeks, while other documents get more review time. Last week there was opposition to delaying this to September 16 due to budgeting concerns. The Village has had many budgets and some without a Strategic Plan. The original rollout of the budget is September 30, which would allow another two weeks for review of the Strategic Plan. He agrees that people probably would not have changes, but he would like to wait until September 16 even if there is no feedback. In the past, people have been told they cannot bring an issue forward because it is not in the Strategic Plan. The extra time would address that issue. He said he would vote against this, not because he doesn’t agree with it but because he would like to have more time to have this reviewed.

Commissioner Durkin asked if there have been any responses from residents regarding Commissioner Waldack’s comments. Acting Village Manager Fieldman said staff received no comments. Commissioner Durkin commended Commissioner Waldack for bringing this up. He thinks it is a great idea to incorporate this into next year’s plan, but he will support this Motion tonight.

Commissioner Neustadt said that Strategic Planning sessions were held in July. There has been a two-week period with no comments since this was presented. He will support this Motion.

Commissioner Schnell said that the citizens appreciated being invited to the Citizens’ Summit. She suggested adding time to the Summit to have comments, and to hold the Summit earlier to allow for comments. She takes exception to the idea that two weeks is enough time to modify the budget. The Strategic Plan needs to be fluid so if an issue comes up the Council can consider it. She will support this tonight.

Commissioner Beckman said he understands Commissioner Waldack’s concern for resident and citizen input, but the process of the Strategic Plan is a dynamic process. The process began in July. They need a process to consider issues on an on-going basis. He asked staff to suggest ways to permit that.

Commissioner Tully noted that the Motion is to accept the Strategic Planning documents, most of which are verbatim comments from people who attended the Citizens’ Summit. He said that no one has taken issue with the content or substances of the documents. The issue appears to be one of timing. The Commissioner noted that this is the third time the Council has had a Strategic Plan, and it is a representative document. It takes into account citizen and staff concerns. He agrees that it would have been nice to hear a wrap-up, however the documents have been available. This is the culmination of a long process and is not an inflexible document. It is a means by which staff can prioritize work, and serves as a tool to guide the budget. An item can be brought forward that is not in the Strategic Plan, as well as an item being moved down the line in terms of priorities. He said that this is purely a timing issue and adjustments can be made as they are warranted.

The Mayor said that he believed the Strategic Plan was vetted properly. The Council agreed on many of the concepts that flowed from the Citizens’ Summit. Mayor Sandack said that there is nothing new since this is the third Strategic Plan; however, items may take higher priority than others. He doesn’t believe two additional weeks will result in a better product, as it is a flexible, living document. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Accept this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Nay: Commissioner Waldack Indexes: Strategic Plan

ORD00 -03458 A. Ordinance: Authorize Special Uses for 5100 Forest Avenue to Permit Construction of a Multiple-Family Residential Dwelling in the Downtown Business District and Permit Outdoor Seating Accessory to a Restaurant Sponsors: Community Development Summary of Item: At their meeting of August 4, 2008, the Plan Commission recommended that Special Uses be granted on property located at 5100 Forest Avenue to permit construction of a multiple-family residential dwelling in the Downtown Business District and permit outdoor seating accessory to a restaurant.

AN ORDINANCE AUTHORIZING SPECIAL USES FOR 5100 FOREST AVENUE TO PERMIT CONSTRUCTION OF A MULTIPLE -FAMILY RESIDENTIAL DWELLING IN THE DOWNTOWN BUSINESS DISTRICT AND PERMIT OUTDOOR SEATING ACCESSORY TO A RESTAURANT

ORDINANCE NO . 4994 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: Special Use – 5100 Forest Avenue

ORD00 -03467 B. Ordinance: Restrict Movement of Vehicles onto Forest Avenue Sponsors: Community Development Summary of Item: This restricts vehicle movement from the property located at the northwest corner of Forest and Gilbert Avenue (5100 Forest Avenue) and prohibit left turns onto Forest Avenue during the hours of 7-9 a.m. and 4-6 p.m., Monday through Friday.

AN ORDINANCE RESTRICTING MOVEMENT OF VEHICLES ONTO FOREST AVENUE

ORDINANCE NO . 4995 Commissioner Beckman said that he appreciates that staff had the opportunity to consider modified turning at Forest and the new driveway. That could be a hazardous condition during rush hour traffic. 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: Parking Restrictions, Parking Restrictions – Forest Avenue

RES00 -03459 C. Resolution: Authorize an Intergovernmental Agreement with the Downers Grove Park District for the Construction of Stormwater Improvements at McCollum Park Sponsors: Deputy Village Manager Summary of Item: This authorizes execution of an intergovernmental agreement between the Village of Downers Grove and the Downers Grove Park District for the construction of stormwater improvements at McCollum Park.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE PARK DISTRICT FOR THE CONSTRUCTION OF STORMWATER IMPROVEMENTS AT McCOLLUM PARK

RESOLUTION 2008 -89 Commissioner Durkin suggested traffic calming devices for Sterling North and Bending Oaks Park as well as Washington Park.

Commissioner Tully said a petitioner could make such a request.

Mr. Fieldman said the Village has the ability to initiate a request and staff will do so.

Commissioner Tully said his comments apply to all three intergovernmental agreements under consideration this evening. He complemented staff and the Park District board and administration on their intergovernmental cooperation. Commissioner Tully said some of his comments have already been addressed. One remaining item, which relates to all three agreements, can be found on paragraph 4, page 4 of the agreement with respect to project elements. Certain project elements will be constructed under the terms of the agreement. There are also project alternates which may be done if costs are under the agreed upon amount. The Park District could require additional elements above the agreed upon amount at the Park District’s expense. The word “may” in the last sentence in paragraph 4 should be changed to “shall.”

Mayor Sandack said the Park District does not want to be bound to do alternates.

Commissioner Tully noted that the Park District does not have to do additional alternates, but if they decide to do something above and beyond the cost estimate, it should be solely the Park District’s responsibility.

Mr. Fieldman said Commissioner Tully’s interpretation is correct and staff can make the changes.

The Mayor noted that he and Mr. Fieldman attended a Park District meeting where this was discussed.

Commissioner Schnell said she was concerned that the Village follow the appropriate protocol with respect to having the traffic calming request placed on the Transportation and Parking agenda.

Mr. Fieldman agreed and said staff will follow the established procedures.

Commissioner Waldack asked if the motion regarding this item should be amended.

Commissioner Tully reviewed the other changes he suggested to the agreement and noted that they were not substantive but were made for clarification.

Commissioner Tully moved to amend the motion to modify the intergovernmental agreements as outlined. Commissioner Durkin seconded the Motion.

VOTE : YEA : Commissioner Tully, Durkin, Beckman, Neustadt, Waldack, Schnell; Mayor Sandack NAY : None

Mayor Sandack declared the Motion passed.

The Mayor asked for a vote on the Motion as amended. 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: Watershed Infrastructure Improvement Plan, Stormwater Improvements, McCollum Park

RES00 -03460 D. Resolution: Authorize an Intergovernmental Agreement with the Downers Grove Park District for the Construction of Stormwater Improvements at Sterling North and Bending Oaks Park Sponsors: Deputy Village Manager Summary of Item: This authorizes execution of an intergovernmental agreement between the Village of Downers Grove and the Downers Grove Park District for the construction of stormwater improvements at Sterling North and Bending Oaks Park.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE PARK DISTRICT FOR THE CONSTRUCTION OF STORMWATER IMPROVEMENTS AT STERLING NORTH AND BENDING OAKS PARK

RESOLUTION 2008 -90 The Mayor asked for a motion on the resolution as amended. 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: Park District, Watershed Infrastructure Improvement Plan, Stormwater Improvements, Sterling North

RES00 -03461 E. Resolution: Authorize an Intergovernmental Agreement with the Downers Grove Park District for the Construction of Stormwater Improvements at Washington Park Sponsors: Deputy Village Manager Summary of Item: This authorizes execution of an intergovernmental agreement between the Village of Downers Grove and the Downers Grove Park District for the construction of stormwater improvements at Washington Park.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE PARK DISTRICT FOR THE CONSTRUCTION OF STORMWATER IMPROVEMENTS AT WASHINGTON PARK

RESOLUTION 2008 -91 The Mayor asked for a motion on the resolution as amended. A motion was made by Commissioner Waldack, seconded by Commissioner Neustadt, 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: Park District, Watershed Infrastructure Improvement Plan, Stormwater Improvements, Washington Park

8. Mayor’s Report

New Business

RES00 -03465 Resolution: Appoint Members to Boards and Commissions Sponsors: Mayor Summary of Item: This makes the following appointments to Village Boards and Commissions:

COMMUNITY EVENTS COMMISSION

  • Appoint Kelsey Navins to a one-year term expiring August 31, 2009

COMMUNITY GRANTS COMMISSION

  • Appoint Emma Buckley to a one-year term expiring August 31, 2009

ENVIRONMENTAL CONCERNS COMMISSION

  • Appoint Michaela Grenier to a one-year term expiring August 31, 2009

HUMAN SERVICE COMMISSION

  • Appoint Andrew Cook to a one-year term expiring August 31, 2009
  • Appoint Susan Walaszek to a two-year term expiring August 31, 2010

LIQUOR COMMISSION

  • Reappoint Alice Strelau to a three-year term expiring August 31, 2011
  • Appoint Don Clary to a three-year term expiring August 31, 2011

TRANSPORTATION AND PARKING COMMISSION

  • Appoint Alex Barry to a one-year term expiring August 31, 2009

A RESOLUTION APPOINTING MEMBERS TO VILLAGE BOARDS AND COMMISSIONS

RESOLUTION 2008 -92 The Mayor noted that there are six different Commissions which have had new appointees. Some of these are student appointments. He thanked the Commissioners for interviewing candidates.

Commissioner Neustadt said he interviewed Ms. Buckley who is an extraordinary student at Downers Grove North. Mr. Cook is a student with great skills and will be appointed to the Human Services Commission. Both of these students are on the LINK crew at North High mentoring incoming students. He also thanked Susan Walaszek for volunteering, saying she would be assigned to the Human Services Commission. He enjoyed interviewing the applicants as well as interviewing for all the Boards and Commissions.

Commissioner Waldack thanked Heather Kinderman, the student who will be leaving the Environmental Concerns Commission, and wished her luck. He stated that he interviewed Ms. Grenier and she will be a great addition to the Commission. She is very interested in the environment. For Transportation and Parking, he interviewed Alex Barry who is interested in Village government. He will be a great addition and will learn all about interacting with residents. Commissioner Waldack thanked him for volunteering to serve.

Commissioner Tully said that the student program has been an enormous success and he is very pleased with the caliber of volunteers. Kelsey Grasczyk is completing a one-year term and her involvement and participation is greatly appreciated. The only objection he has is that they have more qualified, outstanding candidates than positions to fill. He urged students to stay involved regardless of whether or not they are appointed. He welcomed Kelsey Navins, a student at Downers Grove North, who will serve on the Community Events Commission.

Commissioner Schnell thanked Alice Strelau for continuing to serve. Don Clary has agreed to serve, and she thanked him for his dedication and flexibility.

The Mayor thanked the Council for interviewing all of the volunteers. He is very pleased with the Youth in Government Program. He said it is wonderful to help develop and mentor young leaders. They are not token members, but fully participate and vote as members on their 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 Placed on File

9. Manager’s Report

Mr. Fieldman asked Tom Dabareiner, Director, Community Development, to report on a new staff member.

Tom Dabareiner, Director, Community Development, said the Community Development Department has a new chief building inspector. He said Don Scheidler retired as of May 1, 2008. Ann Marie Hess has been appointed to fill this position. He reviewed her credentials as a building inspector, chief building inspector and architect. She has a Master Code professional certificate as well. She will be invited to future Council meetings.

The Mayor said it is a great idea to introduce new staff and invite them to attend Council meetings.

10. Attorney’s Report

Future Active Agenda

11. Council Member Reports and New Business

Commissioner Waldack said that on Thursday he attended a ribbon cutting ceremony for Peace Memorial upgrades. It was a fabulous event with many residents and dignitaries in attendance. He extended best wishes to Connie and others at Peace Memorial.

Commissioner Tully announced the Grove Foundation Golf Outing on September 6 which supports the Park District.

The Mayor said that the Grove Foundation Golf Outing is a very worthy event for both the Park District and local schools. The ribbon cutting for Peace Memorial Manor was a great event and the renovations and improvements are wonderful. He said that this is a beautiful example of affordable housing.

12. Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section 2©(1) of the Open Meetings Act to consider personnel. Commissioner Durkin seconded.

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

Mayor Sandack declared the motion carried and the Council convened into Executive Session at 7:54 p.m