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June 16, 2009

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 Bob Barnett, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Bruce E. Beckman, Commissioner Geoff Neustadt and Mayor Ron Sandack Non Voting: Village Manager David Fieldman, Village Attorney Enza Petrarca and Village Clerk April Holden 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

Council Meeting – June 2, 2009 Long Range Financial Planning Workshop – June 2, 2009 Workshop Meeting – June 9, 2009 Commissioner Waldack said he provided minor changes to the June 9 Workshop meeting to the Village Clerk. There being no further additions or corrections to the minutes, Mayor Sandack said they would be filed as corrected.

Proclamation

Mayor Sandack read a Proclamation welcoming the Bietigheim-Bissingen officials to the Village. He noted that the student exchange began in the 1980s by Kiwanis Club members.

Mayor Juergen Kessing of Bietigheim-Bissingen thanked the Village for its invitation. He brought five Council members with him, and their City Administrator. There are 43,000 people in Bietigheim-Bissingen, which is near Stuttgart, Germany. He introduced the members and the City Administrator.

Manager Fieldman thanked the numerous sponsors of this program, which is in its 25th year. Sponsors are the Grove Foundation, District 99 Education Foundation, Sara Lee Corporation, Emmett’s Ale House, Downers Grove Moose Lodge, Rotary and Kiwanis Clubs of Downers Grove, Good Samaritan Hospital, Dominick’s, Doubletree Guest Suites and Conference Center, Ballydoyle, Dunkin’ Donuts, Metra, Events by Tommy R, the Downtown Management Corporation and the Economic Development Corporation, and Paul Lueken. Their support and sponsorship made it possible to continue this program exchange with no public expenditure of funds.

Mayor Sandack commented that this is an example of good community partnership. He thanked the supporters and encouraged the public to continue their support of local businesses and organizations.

Capital Projects Update

Public Works Director Nan Newlon reported on substantial completion of three projects: Prairie Avenue; Fairmount Avenue storm sewers; and 55th/Maple Street watermains. She said updates on many other projects are available on the Village website. She noted that there would be three change orders coming in the next week. One 2008 project had an increased expenditure due to restoration work that had to be done on parkways. The other change orders are for McCollum Park for the removal of unsuitable materials in the basketball area, and Sterling North Park for environmental testing.

Commissioner Neustadt asked about the progression on Ogden Avenue and Ms. Newlon said it is on schedule and is progressing smoothly. The completion schedule is for September or October.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

B. Comments and Questions on General Matters

John Lavin, 4923 Pershing Avenue and his neighbor, James Pilster of 4919 Pershing Avenue, said that over the past few years they have had flooding in their backyards, as well as Loy Park. There is standing water in the park now, and the Park District is unable to cut the grass. He has seen ducks in the backyards, and the drain tile appears to be caving in. He asked if Public Works could look at the area. The residents are very supportive of the stormwater projects, but would like to see the Village maintain the existing work.

Mayor Sandack said that Public Works Director Nan Newlon would review the situation with the residents.

5. Public Hearings

6. Consent Agenda

COR00 -03806 A. Claim Ordinance: No. 5799, Payroll, June 5, 2009 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -03807 B. List of Bills Payable: No. 5774, June 16, 2009 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES00 -03815 C. Resolution: Authorize an Agreement for Intersection Improvements at CH 34 /31st Street and CH 9 /Highland Avenue Sponsors: Deputy Village Manager Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF DUPAGE , THE VILLAGE OF DOWNERS GROVE AND HIGHLAND LANDMARK OFFICE PARK ASSOCIATION FOR INTERSECTION IMPROVEMENTS AT CH 34 /31ST STREET AND CH 9 /HIGHLAND AVENUE

RESOLUTION 2009 -63 A motion was made to Pass this file on the Consent Agenda. Indexes: Highland Avenue Improvements

RES00 -03818 D. Resolution: Authorize a Grant to the DuPage Senior Citizens Council Sponsors: Social and Health Services Summary of Item: A RESOLUTION AUTHORIZING A GRANT TO THE DUPAGE SENIOR CITIZENS COUNCIL

RESOLUTION 2009 -64 A motion was made to Pass this file on the Consent Agenda. Indexes: DuPage Senior Citizens Council, Social & Health Services

MOT00 -03820 E. Motion: Accept the 2008 Comprehensive Annual Financial Report Sponsors: Finance A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Audit

MOT00 -03821 F. Motion: Receipt of Minutes of Boards and Commissions Summary of Item: Transportation and Parking Commission – April 8, 2009 A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

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

7. Active Agenda

RES00 -03814 A. Resolution: Authorize a Sales Tax Rebate Agreement with MMI , Inc. and LTG , Inc. Sponsors: Deputy Village Manager Summary of Item: This authorizes execution of a sales tax rebate agreement between the Village of Downers Grove, MMI , Inc. and the Lemon Tree, LLC .

A RESOLUTION AUTHORIZING EXECUTION OF A SALES TAX REBATE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND MMI , INC. AND LTG , INC.

RESOLUTION 2009 -65 Commissioner Beckman said he was unable to attend last week’s meeting due to minor surgery. He supports this resolution. This was an item of high importance brought to his attention when he ran for Village Council. He thanked Greg Bedalov and Linda Kunze for working to bring this to completion.

Commissioner Waldack also thanked staff for rewording the date on the agreement.

Commissioner Durkin thanked everyone involved in this. It is awesome to see this opportunity come to the Village. This will occupy a vacant store on 75th Street, and will provide the downtown residents with a grocery store.

Commissioner Schnell asked about an opening date and Greg Bedalov of the Economic Development Corporation said it would probably be September 1 for Lemon Tree in the downtown area, and mid-October/early November for Michael’s Market on Lemont and 75th. A motion was made by Commissioner Schnell, seconded by Commissioner Barnett, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Sales Tax Rebate

RES00 -03816 B. Resolution: Authorize an Addendum to a Sales Tax Rebate with Downers Grove Imports, Ltd. d/b/a Pugi of Chicagoland Sponsors: Manager’s Office Summary of Item: This authorizes an addendum to a sales tax rebate agrement with Downers Grove Imports, Ltd. d/b/a Pugi of Chicagoland.

A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO A SALES TAX REBATE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND DOWNERS GROVE IMPORTS , LTD. D/B/A PUGI OF CHICAGOLAND

RESOLUTION 2009 -66 Commissioner Schnell thanked Commissioner Durkin for rewording the resolution to further protect the Village. A motion was made by Commissioner Barnett, seconded by Commissioner Beckman, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Sales Tax

MOT00 -03819 C. Motion: Approve the Terms of the Village’s Voluntary Separation Program Sponsors: Manager’s Office Summary of Item: This approves the terms of the Village’s Voluntary Separation Program. A motion was made by Commissioner Beckman, seconded by Commissioner Durkin, to Approve this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Employee Benefits, Voluntary Separation Program

ORD00 -03809 D. Ordinance: Amend Parking Restrictions on Mochel Drive Sponsors: Public Works Summary of Item: This amends parking provisions on portions of Mochel Drive.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON MOCHEL DRIVE

ORDINANCE NO . 5059 A motion was made by Commissioner Neustadt, seconded by Commissioner Waldack, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Parking Restrictions – Mochel Drive

ORD00 -03810 E. Ordinance: Amend Parking Restrictions on Blodgett Avenue and Hill Street Sponsors: Public Works Summary of Item: This amends parking provisions on portions of Blodgett Avenue and Hill Street.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON BLODGETT AVENUE AND HILL STREET

ORDINANCE NO . 5060 Commissioner Beckman asked that checks be instituted to determine if there are any unintended consequences as a result of this ordinance. The Manager said staff would monitor this and report back to T&P. Staff generally monitors items such as this on a six-month basis. 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 Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Parking Restrictions – Blodgett and Hill

ORD00 -03812 F. Ordinance: Create an On and Off Premise Consumption Liquor License Sponsors: Liquor Commission and Village Attorney Summary of Item: This adopts a new liquor license classification for off-premise full alcohol sales and on-premise consumption of beer and wine at a Downtown Business District grocery store.

AN ORDINANCE CREATING AN ON & OFF PREMISE CONSUMPTION LIQUOR LICENSE

ORDINANCE NO . 5061 A motion was made by Commissioner Durkin, seconded by Commissioner Schnell, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Liquor Ordinance Amendments

ORD00 -03813 G. Ordinance: Make Certain Amendments to the Fire Prevention Code Sponsors: Fire Department Summary of Item: This makes certain amendments to the Fire Prevention Code.

AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE FIRE PREVENTION CODE

ORDINANCE NO . 5062 A motion was made by Commissioner Neustadt, seconded by Commissioner Schnell, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Fire Prevention, Fire Code

8. Mayor’s Report

Proclamation

Mayor Sandack read a proclamation recognizing the importance of the 2010 Census, which has ramifications to the Village’s representation in the State Legislature.

Materials to be Received

Materials to be Placed on File

9. Manager’s Report

10. Attorney’s Report

Future Active Agenda

h2.11.Council Member Reports and New Business

Commissioner Neustadt thanked the guests from Germany for visiting, saying he was pleased to have them visiting. This is a rich tradition for our students and our Village. He then announced that there are ten days until Heritage Festival.

Commissioner Waldack also welcomed the visitors noting that their Village Hall in Germany was built in 1507. They also have a circulator bus that runs every 30 minutes. He wished them a great visit.

Commissioner Durkin extended his welcome as well. He said he attended the Aurelios’ event, and enjoyed meeting the owners.

Commissioner Beckman echoed the comments of his colleagues, saying he is familiar with the music exchange program with District 99.

Commissioner Barnett expressed his appreciation to the visitors for their commitment over the years.

Commissioner Schnell said that the exchange program makes for a better and richer community. She welcomed the visitors and thanked them for welcoming Downers Grove students to their homes and community. She also noted that Heritage Festival has never been rained out.

Mayor Sandack extended his thanks saying this was an excellent opportunity for cultural and educational exchanges. He said there would be a gathering at Ballydoyle after the meeting. He also emphasized the Village Council’s appreciation to the corporate sponsorships identified earlier for enabling programs such as this exchange program, and for generating methods to attract new businesses to the Village

12. Adjournment

Commissioner Schnell moved to adjourn. Commissioner Beckman seconded the Motion. Mayor Sandack declared the Motion carried by voice vote and the meeting adjourned at 7:35 p.m