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August 18, 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 Absent: Village Attorney Enza Petrarca and Village Clerk April Holden Non Voting: Village Manager David Fieldman, Staff Attorney Beth Clark and Deputy Village Clerk Linda Brown 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 – August 4, 2009 Long Range Financial Planning Workshop – August 4, 2009 Workshop Meeting – August 11, 2009 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

Capital Projects Update

Nan Newlon, Director, Public Works, provided a brief update on Village construction projects, indicating that great progress has been made. Work on traffic calming on Claremont began this week. She noted that new sidewalks are also completed. Staff was able to save trees in the process. Ms. Newlon said that three water main replacements are in the process of final connection to the homes along 59th Street, Gierz/Austin, and Rogers. Work is progressing at both McCollum Park and Washington Park. The Sterling North Park plans should go out to bid next month. Ms. Newlon indicated that the contract for water infrastructure valve location has resulted in the location and mapping of more than 100 valves through use of the GIS system.

The Mayor reminded the public that more detailed information on the various constructions projects is available on the Village’s website.

Commissioner Durkin said there seemed to be a lot of construction in the area of the Fire Station at 55th Street and Main. Ms. Newlon said she had no information on that at this time

Commissioner Beckman questioned what the status would be on the Washington Park project when winter comes. Ms. Newlon said staff expects most of the work to be completed; however, they do not know whether they will be able to meet all of the windows for seeding. They anticipate temporary seeding of the turf, and the walls to be completed within a few more weeks.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

B. Comments and Questions on General Matters

Frank Falesch, 820 Prairie, commented that there appears to be contradictory information reported from the Village and the residents regarding flooding in the Brookbank area. He said he could not believe that the residents would lie about flooding and asked whether there was any proof of flooding before Bradley began his work. Mr. Falesch said the original property had a farmhouse and garage. Three large residences have been constructed with roadway additions and stripping of topsoil, which added to the flooding problem. Adding four more residences would increase the problem as well. Mr. Falesch asked why the County stopped work on the project and asked if the engineering was flawed. According to his information, Bradley was to put in the southbound road; however, Mr. Falesch now understands that the Village will be doing that work. He does not understand how that occurred. He said the new road installation appears to need in-fill in the floodplain area.

Mr. Falesch then commented that a couple of weeks ago he complained about work being done at Washington Park. Since then, he recalled that slip forming is sometimes done where forms are raised as the concrete is poured. He contacted the Cement Association and their representative was not disturbed about skipping the forms, but agreed that the work should have been protected to prevent drying-out of the concrete. Mr. Falesch said they should have waited to cover the area with plastic.

5. Public Hearings

6. Consent Agenda

COR00 -03856 A. Claim Ordinance: No. 5807, Payroll, July 31, 2009 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -03857 B. List of Bills Payable: No. 5782, August 18, 2009 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES00 -03858 C. Resolution: Authorize an Extension to an Agreement for Administrative Hearing Officer Legal Services with Victor E. Puscas, Jr. Sponsors: Police Department Summary of Item: A RESOLUTION AUTHORIZING AN EXTENSION TO AN AGREEMENT FOR ADMINISTRATIVE HEARING OFFICER LEGAL SERVICES BETWEEN THE VILLAGE OF DOWNERS GROVE AND VICTOR E . PUSCAS, JR.

RESOLUTION 2009 -76 A motion was made to Pass this file on the Consent Agenda. Indexes: Police, Vehicle Seizure and Impoundment, Towing

RES00 -03861 D. Resolution: Authorize Submittal of Application to the DuPage Mayors and Managers Conference for FY 2010 Surface Transportation Program (STP) – Roadway Reconstruction Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE DUPAGE MAYORS AND MANAGERS CONFERENCE FOR FY 2010 SURFACE TRANSPORTATION PROGRAM (STP) – Roadway Construction

RESOLUTION 2009 -77 A motion was made to Pass this file on the Consent Agenda. Indexes: DuPage Mayors & Managers, Roadway Improvements

RES00 -03862 E. Resolution: Authorize Submittal of Application to the DuPage Mayors and Managers Conference for FY 2010 Surface Transportation Program (STP) – Traffic Signals Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE DUPAGE MAYORS AND MANAGERS CONFERENCE FOR FY 2010 SURFACE TRANSPORTATION PROGRAM (STP) – Traffic Signals

RESOLUTION 2009 -78 A motion was made to Pass this file on the Consent Agenda. Indexes: DuPage Mayors & Managers, Traffic Signals

MOT00 -03863 F. Motion: Authorize a Change Order for $75,958.00 to Coperhaven Construction, Inc., Gilberts, IL, for the Washington Park Stormwater Improvement Project Sponsors: Public Works A motion was made to Authorize this file on the Consent Agenda. Indexes: Stormwater Sewer Watershed Improvement Plans, Watershed Infrastructure Improvement Plan, Washington Park

RES00 -03864 G. Resolution: Authorize a First Amendment to a Professional Engineering Services Agreement with Hampton, Lenzini and Renwick, Inc. Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND HAMPTON , LENZINI AND RENWICK , INC.

RESOLUTON 2009 -79 A motion was made to Pass this file on the Consent Agenda. Indexes: Water Main Improvements, Engineering Services

RES00 -03865 H. Resolution: Authorize a First Amendment to a Professional Engineering Services Agreement with GC Engineering, Inc. Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND GC ENGINEERING , INC.

RESOLUTION 2009 -80 A motion was made to Pass this file on the Consent Agenda. Indexes: Watershed Infrastructure Improvement Plan

MOT00 -03869 I. Motion: Receipt of Minutes of Boards and Commissions Summary of Item: Plan Commission – July 6, 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

MOT00 -03867 A. Motion: Award $15,000 Facade Improvement Grant for 5150 Main Street Sponsors: Community Development Summary of Item: This authorizes the award of a Facade Improvement Grant in the amount of $15,000.00 for 5150 Main Street. A motion was made by Commissioner Schnell, seconded by Commissioner Barnett, to Award 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: Facade Improvement Grant

ORD00 -03868 B. Ordinance: Vacate a Certain Portion of a Right-of-Way Located Adjacent to 4501 Lee Avenue Sponsors: Community Development Summary of Item: This vacates a 33-foot wide by 402.6-foot long right-of-way (the south half of Grant Street right-of-way) located east of Lee Avenue and adjacent to 4501 Lee Avenue.

AN ORDINANCE VACATING A CERTAIN PORTION OF A RIGHT -OF-WAY LOCATED ADJACENT TO 4501 LEE AVENUE IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 5070 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: Vacation – Right of Way – 4501 Lee Avenue

8. Mayor’s Report

Materials to be Received

Materials to be Placed on File

9. Manager’s Report

The Manager presented an update on the Illinois Video Gaming Act to fund State capital projects. The Act allows video gaming within certain establishments within the State, and municipalities are allowed to opt out. The Manager said when staff receives the rules of the Act, the Council will be apprised of staff’s review to determine whether Downers Grove should opt out or participate.

The Mayor indicated that video gaming boards are banned in unincorporated sections of DuPage County. The Council will review this as information is provided.

10. Attorney’s Report

Future Active Agenda

11.Council Member Reports and New Business

Commissioner Neustadt thanked the Community Events Commission and Village staff for the great job they did on the Bike Race. He noted the work done by Public Works staff, Police and Fire staff and Mary Scalzetti.

Commissioner Neustadt noted that he and Commissioner Waldack attended the Public Safety Committee meeting where combining the Downers Grove Fire Station 1 and the Darien/Woodridge Station 2 was discussed. There is a Joint Operations Committee made up of the municipal administrators, firefighters and paramedics working on this project.

Commissioner Neustadt said he attended the Police and Fire Association golf outing to benefit Autism Speaks. It is a great charity and he thanked staff of the Police and Fire Departments for their work on the project. Two golf courses were used due to the large number of participants.

Mayor Sandack said that the Council will continue with Meeting #6 of the Long Range Financial Plan immediately following this meeting in the adjacent room. He added, on a personal note, that tomorrow was his lovely wife’s birthday, and she would again be 39.

12. Adjournment

Commissioner Schnell moved to adjourn. Commissioner Barnett seconded the Motion.

Mayor Sandack declared the Motion carried by voice vote and the meeting adjourned at 7:18 p.m