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July 15, 2014

1. Call to Order

Mayor Martin Tully 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 Tully led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Greg Hosé, Commissioner David S. Olsen and Mayor Martin Tully  Absent: Commissioner Bob Barnett and Commissioner Geoff Neustadt  Non Voting: Village Manager David Fieldman, Village Attorney Enza Petrarca and Village Clerk April Holden  T he 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 of a general matter.  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.  Finally, an opportunity is given for public comments and questions on items appearing on the Consent Agenda, the Active Agenda and the First Reading.

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 Tully 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 Council Meetings

Council Meeting - July 8, 2014 M ayor Tully asked for a Motion to approve the minutes as submitted.

Commissioner Durkin moved to approve the minutes as presented.  Commissioner Olsen seconded the motion.

The Mayor declared the Motion carried by voice vote.

Illinois Association of Chiefs of Police Award

Mayor Tully invited Police Chief Bob Porter to the podium to begin this ceremony.

Chief Porter introduced newly appointed President Fred Hayes of the Illinois Association of Chiefs of Police to make this presentation.

Chief Hayes said that on behalf of the Illinois Association of Chiefs of Police he was bestowing the award of valor on Downers Grove Police Officer Jeffrey Mertz.  The Police Medal of Valor is one of the highest honors given for acts of outstanding heroism and bravery.  He asked Officer Mertz to come forward.

On January 4, 2013, Officer Mertz responded to a call at I-88 and I-355 regarding an individual attempting to jump off the flyover bridge.  Officer Mertz was able to calm the situation down and position himself without regard to his safety such that he was able to react and tackle the individual, preventing him from committing suicide.

Chief Porter thanked Chief Hayes and congratulated Officer Mertz.

Mayor Tully said the Council is proud to have Officer Mertz as part of our community and part of the police force.  He thanked Officer Mertz for his bravery, his dedication and his service.

4. Public Comments - General Comments on Matters Not Appearing on Tonight's Agenda

Molly Scoggin, 6661 Dunham Road, made a presentation to the Council asking for assistance with an on-going stormwater problem in the area.  She addressed Prentiss Creek and a problem that exists from 67th Street to Dunham, which includes the entire north perimeter of her yard that contains standing water.  This situation has gone unaddressed for years, although the area was not in this condition six years ago when she bought the property.

Ms. Scoggin said water only runs through the stormwater system in flooding events.  Other than that, there is standing, stagnant water which is hazardous, unsanitary and unacceptable.  The ground is completely saturated, and has become a mosquito cesspool and a garbage site.

The Village Forestry Department came out last summer and cut some overgrowth, but that has not fixed the problem of standing water.

Ms. Scoggin said she was informed by the Village's stormwater administrator, Karen Daulton Lange, that there is no budget slated to address the area.  In the meantime, her backyard is backed up to swamp-like muck and infested with mosquitoes.  She has been told she can treat the trench with mosquito pellets herself.

Ms. Scoggin said her taxes continue to increase even though her property value has decreased, and no one wants to address this issue.  She asked the Council to review this stormwater area as it is adversely affecting her property, her neighborhood and her quality of life.

She provided a copy of her presentation, including photographs of the area, to the Village Council and staff.

Mayor Tully thanked Ms. Scoggin for expressing her views and explained that the Council would be discussing stormwater issues soon.  The 2014 Stormwater analysis is available on-line and will be used in determining priorities.  He noted that priorities are driven by data and using funds for multiple projects.  He said that the material on-line is the most current information available regarding stormwater issues in the Village.  He assured Ms. Scoggin that the Village is aware of stormwater issues, and that staff can look into stream bed maintenance in the meantime.

Ms. Scoggin asked that the area be maintained until the issue can be addressed.  Mayor Tully explained that there are several programs sponsored by the County and noted that DuPage County's Department of Health has an excellent web page on mosquito abatement.

5. Council Member Reports

Commissioner Olsen announced an emergency preparedness workshop will be held on July 17, 2014, from 6:30 p.m. to 7:30 p.m. at the Senior Home Sharing residence at 6821 Main Street, adjacent to McCollum Park.  Village staff will speak and answer questions about safety and security, fire safety and emergency preparedness.  Call 630-407-0440 x10, or go to info@seniorhomesharing.org to register.

Mayor Tully reminded residents that the next Coffee With The Council will be held on Saturday, July 19, from 9:00 a.m. to 10:00 a.m. at the Main Street Train Station, adjacent to the downtown market.

6. Public Hearings

7. Consent Agenda

COR 00-05641 A.  Claim Ordinance:  No. 6061, Payroll, June 27, 2014

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL 00-05637 B.  List of Bills Payable: No. 6132, July 15, 2014

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES 00-05639 C.  Resolution:  Authorize a Contract with Burns & McDonnell Engineering Co., Inc.  

Sponsors: Public Works

Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND BURNS & MCDONNELL ENGINEERING CO., INC.

 

RESOLUTION 2014-38 A motion was made to Pass this file on the Consent Agenda. Indexes: Sidewalk Construction, Ogden Avenue Sidewalks, Engineering Services, Sidewalk Improvements 2014

RES 00-05640 D.  Resolution:  Authorize a Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation

Sponsors: Police Department

Summary of Item: A RESOLUTION AUTHORIZING THE EXECUTION OF A LAW ENFORCEMENT MUTUAL AID AGREEMENT AND THE EXISTENCE AND FORMATION OF THE ILLINOIS LAW ENFORCEMENT ALARM SYSTEM BY INTERGOVERNMENTAL COOPERATION

 

RESOLUTION 2014-39 A motion was made to Pass this file on the Consent Agenda. Indexes: Mutual Aid, Illinois Law Enforcement Alarm System

RES 00-05643 E.  Resolution:  Authorize Submittal of Application to the DuPage Mayors and Managers Conference for FY 2015 Surface Transportation Program (STP)

Sponsors: Public Works

Summary of Item: A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE DUPAGE MAYORS AND MANAGERS CONFERENCE FOR FY 2015 SURFACE TRANSPORTATION PROGRAM (STP)

RESOLUTION 2014-40 A motion was made to Pass this file on the Consent Agenda. Indexes: DuPage Mayors & Managers, STP Funding

MOT 00-05644 F.  Motion:  Award a Contract Not to Exceed $73,568 to Alfred Benesch & Company for Grade Separation Feasibility Study

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Burlington Northern

MOT 00-05642 G.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Plan Commission - June 2, 2014 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 Durkin, seconded by Commissioner Olsen, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Durkin, Commissioner Rheintgen, Commissioner Hosé, Commissioner Olsen and Mayor Tully

8. Active Agenda

ORD 00-05587 A.  Ordinance:  Approve a Redevelopment Agreement with Downers Grove, IL (1201 Ogden), LLC

Sponsors: Community Development and Plan Commission

Summary of Item: This approves a redevelopment agreement between the Village of Downers Grove and Downers Grove, IL (1201 Ogden), LLC.

AN ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND DOWNERS GROVE, IL (1201 OGDEN), LLC

ORDINANCE NO. 5399 C ommissioner Hosé thanked staff for the additional answer regarding the necessity of use of TIF funds here.  He said this is a good expenditure of TIF funds and exactly what Council is looking for.  It will be a great redevelopment project on Ogden Avenue.  He thanked staff, the EDC and the developer for their work.

Mayor Tully said this is a textbook example of what TIF dollars should be used for.  He said he is looking forward to this project.

Jason Gigot, Insite Real Estate, thanked the Mayor, Council, staff and EDC for their work and for approving this project. A motion was made by Commissioner Durkin, seconded by Commissioner Olsen, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Durkin, Commissioner Rheintgen, Commissioner Hosé, Commissioner Olsen and Mayor Tully  Indexes: Redevelopment Agreement - Insite Real Estate, 1201 Ogden Avenue

9. First Reading

ORD 00-05645 A.  Ordinance:  Authorize a Special Use to Permit a 24-Hour Pharmacy Drive Through at 1000 Ogden Avenue  

Sponsors: Community Development and Plan Commission

Summary of Item: This authorizes a special use at 1000 Ogden Avenue to permit a 24-hour pharmacy drive through at Walgreens.

AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A 24 HOUR PHARMACY DRIVE THROUGH AT 1000 OGDEN AVENUE

ORDINANCE NO. 5400 V illage Manager Dave Fieldman introduced Stan Popovich, Acting Director, Community Development.

Stan Popovich, Acting Director, Community Development, explained that the property in question is located at the northeast corner of Ogden and Main Street.  Walgreens, the petitioner, is requesting authorization for a 24-hour pharmacy drive-through.  The property is one mile from Good Samaritan Hospital and the drive-through pharmacy was originally approved in 1998.  This Walgreens is a 24-hour operation, and the drive-through hours are 9:00 a.m. to 10:00 p.m.

Mr. Popovich said that Highland Avenue dead-ends to prohibit northbound traffic from the site.   He displayed a photograph of the site saying that there is no change proposed for the drive-through facility, but they do propose an internal renovation.  Walgreens is seeking approval to correspond with the temporary closing of the store for renovations such that the drive-through facility would be open 24 hours to serve their customers.  The anticipated traffic is 20-25 more cars per day.  There were no public comments at the Plan Commission meeting, and the Plan Commission found this proposal to be consistent with the Zoning Ordinance and the Village's Comprehensive Plan.

There were no questions or comments from the audience.

Commissioner Durkin asked about existing 24-hour pharmacies now.  Mr. Popovich listed the other stores that have a drive-through.  Commissioner Durkin said that he has no problem with this, especially since there were no comments made at the Plan Commission meeting.

Commissioner Rheintgen asked whether direct neighbors were notified, and Mr. Popovich said that they spoke with the three neighbors on Highland Avenue who would be impacted the most and there were no negative comments.

Mayor Tully said that this facility has been in place for a number of years and the Village knows the impact on the traffic and neighborhood.   He does not feel that there are any real concerns about this, and he supports the request.  The request will be voted on at the August 5 meeting.  Indexes: Special Use - 1000 Ogden Avenue

10. Mayor's Report

Materials to be Placed on File

11. Manager's Report

Mr. Fieldman announced that the next Long Range Plan meeting will be held on Tuesday, August 5, 2014, following the Council meeting, to discuss the stormwater prioritization issues.

12. Attorney's Report

Village Attorney Enza Petrarca said she was presenting one item to the Council:  An ordinance authorizing a special use to permit a 24-hour pharmacy drive through at 1000 Ogden Avenue.

Future Active Agenda

13. Council Member New Business

14. Adjournment

Mayor Tully asked for a Motion to adjourn.

Commissioner Durkin moved to adjourn.  Commissioner Olsen seconded the Motion.

VOTE:  AYE:  Commissioners Durkin, Olsen, Hosé, Rheintgen; Mayor Tully

Mayor Tully declared the motion carried and the meeting adjourned at 7:30 p.m.