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September 02, 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 Bob Barnett, Commissioner Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt, Commissioner Greg Hosé, Commissioner David S. Olsen and Mayor Martin Tully  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

Executive Session Minutes for Approval Only - August 12, 2014  Council Meeting - August 19, 2014  Long Range Plan Meeting - August 19, 2014 M ayor Tully asked for a Motion to approve the minutes as submitted.

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

The Mayor declared the Motion carried by voice vote.


Mayor Tully proclaimed the month of September 2014, as Hunger Action Month in the Village of Downers Grove.  He presented the proclamation to Kris DeSmedt of the Northern Illinois Food Bank.

Ms. DeSmedt thanked the Council on behalf of those who come to the Food Bank.  She recognized the work of FISH in DuPage County.  She encouraged everyone to wear orange, the hunger action color, on Thursday, "Go Orange Day."  Ms. DeSmedt said the proclamation is a symbol of hope for the hungry.

The Mayor thanked Ms. DeSmedt and the Northern Illinois Food Bank for all their good work.

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

Theresa Beran Kulat, 4440 Saratoga, said she moved to Downers Grove in 1992 and began work as a municipal attorney.  She understands the legal framework and limitations the Council faces.  She said she is in attendance to speak about the Edwards house at 942 Maple Avenue.  She asked Council to direct their attention to preserve the character, history and beauty of Downers Grove.  Ms. Kulat said the current ordinance gives all the power to landowners and no power to others.  The only way to stop this would be for citizens to band together and file a petition for an historic district; individually, citizens will not be able to do anything.

Ms. Kulat said her office was once located at 942 Maple.  The six suites were rented out and people who came to the building were residents of the Village.  These historic homes sit on downtown business district zoned land.  She commended Mr. Nybo and the Pierce Downer's Heritage Alliance for taking up this cause and urged other to join in an application to create an historic district in the Village.  She asked Council to amend the Municipal Code to allow citizen-initiated designation of historic building preservation.  She said it has also come to her attention that the Tivoli Theater is not protected.  These priceless treasures should be protected in the Village.

The Mayor thanked Ms. Kulat for her comments, but asked that the public maintain decorum and hold their applause.

Bill Waldack, 1409 Willard Place, congratulated the Northern Illinois Food Bank on their proclamation and for their work.  He noted that the local CROP walk for hunger will take place on October 19.

Mr. Waldack then referenced the planning meetings held over the last several months.  He said a suggestion was made that Council hold a retreat, but he does not think Council is ready for it.  Retreats are for people who want to come together and work together in settling issues.  He said he saw a meeting where staff was ready to discuss projects, priorities and status, and five Council members came ready to discuss that agenda.  Mr. Waldack provided his evaluation of the last planning session.

Mayor Tully interrupted Mr. Waldack's comments, asking Mr. Waldack to refrain from individualizing his comments.  The Mayor noted that the meeting was televised.

Mr. Waldack said the agenda was hijacked by a particular member to trash the work of all the Council members.  The arguments were weak and it was clear that this was political theater, and not Village business.

The Mayor said that he would not respond to Mr. Waldack's comments.

The Mayor then spoke with respect to the previous comment regarding historic preservation.  He feels everyone agrees that the Edwards house should be preserved, but it is a question of how.  Although the tools may not be sufficient, an ordinance was enacted due to citizen involvement as a result of concern about the Orange Lyman house.  A community can invoke change.

Mike Foster, 1640 Plum Court, said he has been riding Metra for 19 years and asked for an update on the platform construction.  He asked that the second phase not be started this fall since it will not be completed until February.

The Mayor clarified that this is a Metra project; the Village is not doing this work.

Dave Fieldman, Village Manager, said work continues on the western half of the platform and is scheduled to be completed by September 12.  Construction will then begin on the eastern half with a planned completion date of November 1, 2014.  Staff has expressed concerns about starting this late.  Mr. Fieldman said information about this matter is on the Village's website.

Lynda and Robert King, 946 Maple, said they have lived at this address for 50 years.  They strongly commend the work of Mr. Nybo to save the Edwards house.  They asked Council to give it serious consideration.

Judy Wohlt, 908 40th Street, spoke regarding drainage issues in her neighborhood and the planned installation of sidewalks.  She thanked Village engineer, Jim Tock, for his help and his work.  She said this sidewalk is not needed, as 40th Street is a dead-end street and this will be a sidewalk to nowhere.  The area is in a localized poor drainage area (LPDA), several homes have flooded in the last 5-6 years, and it has gotten worse as trees have been removed and houses have been constructed.  The increase in the number of homes has multiplied the flooding.  Tree removal is a huge issue.  Flooding and drainage are problems.  It has cost each of the affected neighbors thousands of dollars in repair.  She asked that the sidewalks not be installed.  Removing trees causes flooding and some trees will have to be removed to install the sidewalks.  There is no need for sidewalks which are an impervious surface that will cause more runoff.  She said she and her neighbors are appealing to the Council as citizens.  There is no urgency for the sidewalks and she feels they will add to the problems.  She recommended that the Council prioritize and place the sidewalk at the nearby park where there is no sidewalk.

The Mayor said the drainage project is designed to bring some relief to the area.  The installation of the sidewalks at the same time is an efficiency.  Sidewalks are a community-driven initiative.  He commented that trees on private property is a private issue.

Ms. Wohlt responded that people in the community have not experienced the repeated flooding this neighborhood has had.  She asked that if sidewalks need to be installed, that the Council consider green solutions.  She asked Council to consider all options.  They need all the drainage help they can get.  They are looking for a compromise.  This is a stormwater issue affected by trees, new homes, etc.

John Wohlt, 908 40th Street, asked about snow removal on the sidewalks.  He said if the Village does not clear the sidewalks, he does not think the homeowners will do it.

The Mayor said it is usually the homeowners who shovel the snow off the sidewalks, which is the same for residential sidewalks anywhere.

Pete Jenkner, 912 40th Street, said he is a DOD contractors and spoke of risk mitigation.  To make a change one must go through a process.  He has no issue with the sidewalks, but he asked that the sidewalks be postponed until we know how the drainage system performs.  It is adding more risk to do what is proposed as the sidewalks will reduce what the soil can absorb.  He understands the Mayor's comment regarding bundling jobs, but this work probably involves separate contractors.

The Mayor noted that there are advantages in terms of disruption, excavation and restoration work.

John Frederick, 916 40th Street, said the sidewalks will dead-end into a fence in front of his house and they will be under water in rain events.  The problem began in 2006 when a lot was cleared on Highland Avenue.  There are three more wooded, undeveloped lots that will affect many people if they are developed.  Further, the street and parkway are offset so the sidewalks will be in the middle of their lots.

Daphne Frederick, 916 40th Street, said she does not feel there is a need for the sidewalks.  The swale on Highland empties into her front yard.  She hopes the water will drain, but it may not with the sidewalks.  She is fearful that her lot will be a pond.  Not every area of Downers Grove is the same and each area needs to be evaluated on its own.  She urged the Council to look at each neighborhood and not do this as part of a policy.

Laura Wilson, 4030 Washington, said the drainage system has not been tested yet.  We should delay installation of sidewalks and test the system.  Deforestation will continue and the water problems will continue.

Christine Martin, 701 Maple, said she supports the Edwards house.  She and her husband bought a house that was in disrepair and they have saved it.  Her neighbors are grateful for that.  She is appalled by the lack of historic preservation in Downers Grove.  She hopes the Edwards house is not destroyed and that Council will fight for this.  Children growing up here need to see the history of the community.

The Mayor said no petition regarding the property is before the Council.

Mary Kay Jackner, 912 40th Street, said she agrees with all that's been said about the sidewalks by her neighbors.  However, she noted that on the property across the street two houses are being built, and she hopes that they will have the proper drainage needed on those lots.  She asked that the Council wait to see whether the storm system works before the sidewalks are installed.

Sherry Nybo, 5253 Blodgett, commented on the houses on Maple Avenue.  She grew up on the south side of Chicago.  Downers Grove is beautiful with the history and character of the homes.  It is a desirable place to live due to its history and uniqueness.  The beauty stands out.

Tom Wiler, 709 Maple Avenue, expressed his support for the Edwards House.  He said whatever can be done to prevent commercialization creeping down Maple Avenue would be appreciated.  If a multi-level condominium requires a zoning change, he would oppose that.  They are trying to prevent construction that is out of character with the neighborhood.  He would support a preservation ordinance to maintain the character of Maple Avenue.

Hilary Denk, 433 Wilson, said she represents the League of Women Voters.  She announced that there would be a meeting on September 17 at 7:00 p.m. at Fire Station 2, Main and 55th Street, to educate the public on the ballot proposals, and voter laws.

Ms. Denk then added that she supports work to preserve the Edwards House.  She is also concerned about stormwater issues.  There is a gorgeous old tree in front of that house.  She has watched her neighborhood change and drainage issues have gotten worse by teardowns and building of McMansions.  Trees come down and houses cover more of the lot.  Looking at the character of Maple Avenue, changing that character can create more stormwater issues.  She said many people are concerned about the stormwater fee.  She asked about a tree preservation ordinance and zoning issues, including setback requirements.  Ms. Denk said that as we ask more of our citizens we should give more to our citizens.  She asked the Council to take up the mantle of the citizens on the sidewalk issues, tree preservation and historic preservation and take some action.

Mayor Tully replied that these topics have been discussed over the last 15 years.  The Village now has an historic preservation ordinance and the power now resides in the neighborhood to create an historic district.  A tree preservation ordinance has also been considered and there was a big difference of opinion on the part of neighbors.  The Village is looking at changing stormwater requirements and making them more restrictive than what DuPage County currently requires.

Josh Switzer, said he lives in Naperville but visits his relatives, the Kings, and wants to voice his support for saving the Edwards House.  He wants to see these historic homes preserved, and hopes that the Council seriously considers protecting these homes.

Mayor Tully said it is a tough issue to balance as it relates to the government taking private property rights away from a private owner.  Some people would not want that to happen to them.

Tom Nybo, 5253 Blodgett, said that he walked the community this past weekend and handed out 110 flyers. He also walked the business district and talked to residents on Maple.  People do not know the facts.  He learned today that there is a 56-unit, five-story condo building being proposed for the property.  The Lakota Group would like to testify as to why this property is important and significant to the community.  He referenced other properties that could be developed in the Village instead, including an area where building was started, but not completed.

Selma Moberg, 844 Maple, came to speak on behalf of the Edwards House.  She said that Mr. Nybo spoke with them this weekend.  They were unaware of what was going on with the Edwards property.  She said that her family has worked for 22 years to preserve and restore their home.  She noted the photograph of Pierce Downer behind the Council members' dais, saying he would be appalled at what was being planned.  She asked that they work to preserve this home.

The Mayor thanked her saying again that there is no petition before the Council on this property at this time.

Scott Moberg, 844 Maple, said he has lived in Downers Grove all of his life.  The schools teach our children about character, and he believes that one of the issues they are talking about here is the character of Downers Grove and historic Maple Avenue.  Maple Avenue has a variety of homes, trees and character.  Lincoln Center exists across the street from Edwards House.  He asked that the character of Maple Avenue be saved.

Mayor Tully said in the last ten years the Council approved the Historic Preservation Ordinance, and also created the opportunity for an Historic District.  Owners on Maple Avenue could come before the Council to pursue creating Maple Avenue as an historic district.  In addition, the Council supported the preservation and relocation of the 1846 Blodgett House, which was also destined to be destroyed.  Through the efforts of many organizations in the community, the Blodgett house was saved.

Ms. Kulat noted that 51% of the landowners in the area have to support an historic district.

5. Council Member Reports

Commissioner Olsen commented that DuPage Pads is sponsoring a 5K/10K race in Wheaton on Saturday. He said it is a great event.

Commissioner Neustadt announced that there would be a recycling event this weekend for electronics.  On September 20, there will also be a recycling extravaganza for all types of household items at Lot H, at the Belmont train station.

6. Public Hearings

7. Consent Agenda

COR 00-05672 A.  Claim Ordinance:  No. 6069, Payroll, August 8, 2014
Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL 00-05673 B.  List of Bills Payable:  No. 6140, September 2, 2014
Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES 00-05676 C.  Resolution:  Accept Public Improvements - Walnut Grove Subdivision
Public Works
Summary of Item:

RESOLUTION 2014-47 A motion was made to Pass this file on the Consent Agenda. Indexes: Subdivision - Walnut Grove

MOT 00-05679 D.  Motion:  Authorize $135,840 to M.E. Simpson Co., Inc., Valparaiso, Indiana, for a Three-Year Contract for Water System Leak Detection Services

Sponsors: Public Works A motion was made to Authorize this file on the Consent Agenda. Indexes: Water Service, Water System

BID 00-05680 E.  Bid:  Award $19,650 to McCann Industries, Inc., Addison, IL, for Purchase of a Loader-Mounted Snow Plow Blade with Wings

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Snow Plan

RES 00-05681 F.  Resolution: Authorize a Settlement Agreement and Release with William Keim

Sponsors: Village Attorney



RESOLUTION 2014-48 A motion was made to Pass this file on the Consent Agenda. Indexes: Settlement Agreement

MOT 00-05678 G.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Architectural Design Review Board - August 29, 2013

Library Board - July 23, 2014 & August 13, 2014

Liquor Commission - June 18, 2014

Zoning Board of Appeals - July 23, 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 Neustadt, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt, Commissioner Hosé, Commissioner Olsen and Mayor Tully

8. Active Agenda

ORD 00-05670 A.  Ordinance:  Authorize a Third Extension of a Final Planned Development Amendment for Planned Development #31 for Additions to the Existing Parking Garage and the Construction of a New Six-Level Parking Garage at 3500 Lacey Road

Sponsors: Community Development

Summary of Item: This authorizes a third extension of a final planned development amendment for Planned Development #31 for additions to the existing parking garage and the construction of a new six-level parking garage at 3500 Lacey Road until August 16, 2015.


ORDINANCE NO. 5405 A motion was made by Commissioner Neustadt, seconded by Commissioner Durkin, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt, Commissioner Hosé, Commissioner Olsen and Mayor Tully  Indexes: Planned Development #31 - Esplanade at Locust Point 9. First Reading

ORD 00-05674 A.  Ordinance:  Annex 332-334 39th Street

Sponsors: Community Development and Plan Commission M r. Fieldman asked Stan Popovich, Planning Manager, to make this presentation.

Stan Popovich, Planning Manager, said these first two items are for rezoning and annexation of 332-334 39th Street.  He described the property, which is at the corner of Fairview Avenue and 39th Street, and is currently unincorporated.  There are two lots of record, Lots 10 and 11.  Lot 10 has an existing single-family home and is heavily wooded.  The second lot is vacant.  The properties are contiguous to the Village.  The petitioner wishes to build a home on Lot 11, which will require connection to Village water.  The property owners are requesting rezoning to R-3 upon annexation.  The R-3 lots are more consistent with lots in the area and the Comprehensive Plan.

Commissioner Olsen said this would be constructing a home on a wooded lot, and he asked how it would impact stormwater issues.  Mr. Popovich said as it is unincorporated property, he has not heard of any stormwater issues for this site.

Commissioner Olsen asked for more information as to whether by annexing the property, it will exacerbate stormwater issues when built upon.

Mayor Tully said he agrees with the annexation and rezoning request. Indexes: Annexation-332-334 39th Street

ORD 00-05682 B.  Ordinance:  Rezone Property Located at 332-334 39th Street from R-1, Residential Detached House 1 District to R-3, Residential Detached House 3 District  

Sponsors: Community Development and Plan Commission Indexes: Rezone 332-334 39th Street - R-1 to R-3

ORD 00-05675 C.  Ordinance:  Authorize a Special Use to Permit the Expansion of a Veterinary Care Business at 4945 Forest Avenue

Sponsors: Community Development and Plan Commission M r. Popovich commented that this is a request for a special use for a veterinary care clinic.  He showed a site map of the location, north of Warren Avenue on Forest Avenue, on the east side of the street.  The property is currently improved with a 1.5 story building.  Mr. Popovich said that the petitioner is proposing to convert the building to a two-story building, adding green space to the site, including striped parking in the parking lot, relocating the dumpster, and expanding the veterinary care clinic.  The proposal meets the design requirements, and is consistent with the Comprehensive Plan.

Commissioner Neustadt said he thinks this is a great project and spruces up the outside of the property as well as remodeling the building.

Mayor Tully said that this is an existing special use and meets the requirements of the Zoning Ordinance.   Indexes: Special Use - 4945 Forest Avenue

ORD 00-05677 D.  Ordinance:  Amend Stop Sign Provisions on Randall Street

Sponsors: Public Works and Transportation and Parking Commission Mr. Fieldman said the Village completed a project under the Federal Safe Routes to School Program that consisted of new improvements to Blodgett at Randall, and Randall at Elmwood.  The project's corresponding traffic regulation changes were presented to the Transportation and Parking Commission.  The Commission voted to approved designation of an all-way stop control at Randall and Blodgett and remove the stop control at Randall and Elmwood.   Indexes: Stop Sign - Randall & Blodgett

10. Mayor's Report

Materials to be Placed on File

11. Manager's Report

Mr. Fieldman reviewed the Sign Ordinance compliance efforts, noting that 94% of the properties have complied.  He said that 65 properties have not made an attempt to comply to date.  He noted that more information is in the Manager's Report on the Village's website.

12. Attorney's Report

Village Attorney Enza Petrarca said she was presenting three items to Council:  1)  An ordinance authorizing a special use to permit the expansion of a veterinary care business at 4945 Forest Avenue; 2)  An ordinance annexing 332-334 39th Street to the Village of Downers Grove, Illinois; and 3)  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 the property located at 332-334 39th Street.

Future Active Agenda

13. Council Member New Business

Sign Ordinance Amendment T he Mayor said this was a request to look into a potential text amendment to the Sign Ordinance.

Mr. Fieldman said the question before the Council is should staff be directed to prepare a Zoning Ordinance amendment that would be forwarded to the Plan Commission for consideration and then presented to the Council for consideration and potential action.  The amendment was brought forth in a conversation by Leibundguth Moving.  This amendment would allow signs to face railroad rights-of-way, which are currently not permitted.  If the amendment is approved, it would not necessarily address all the concerns presented by Leibundguth Moving because there are other issues that would have to be addressed on that existing wall sign such as size and the fact that it is painted on the wall.

The Mayor said this was raised and then supported by a number of members of Council during a prior New Business segment of the agenda in response to concerns about the difference between signs facing a public roadway right-of-way or a rail right-of-way.  Businesses may choose to locate in either area because of the high volume of thoroughfare or rail traffic.

Commissioner Olsen proposed making a motion and then allowing discussion.   The Mayor said this is on the agenda under New Business and it can be discussed without first making a motion.

Commissioner Olsen said this was brought forward a few weeks ago. This amendment would not address all the concerns brought forward by Leibundguth Movers.  However, he thinks it is a very worthwhile endeavor to pursue.  He thinks it is important that signs be allowed along rights-of-way, including the railway right-of-way, and would support moving forward with this.  He would support letting Leibundguth keep their sign as is, but said this may be a separate conversation.  He feels this amendment is reasonable.  It is a fairly minor change.

Commissioner Rheintgen said signs generate leads and she appreciates the importance to the small business owner.  While she empathizes with the plight of the small business owner, she noted that there have been many opportunities for this business owner to come and express his opinion.  There have been many businesses impacted by the Sign Ordinance, and they are going through the channels that are in place and submitting variances to the Zoning Board of Appeals.   While she does not necessarily disagree with the concept of what was brought forward, she does not know if this is fair to the people following the process to create a new process.   She will not support this.

The Mayor said that when this was described to Council by Leibundguth Movers, the main reason was to question the difference between a public roadway right-of-way and a rail right-of-way as it relates to signage.  He is not sure that this was addressed when the Sign Ordinance was drafted.  He feels this is a fair question to ask why they should be treated differently.  He was interested in seeing what the amendment would look like.  He continues to think this makes sense that a public roadway right-of-way or a railroad right-of-way receive the same treatment under the Sign Ordinance.  He supports this going forward for consideration by the Plan Commission.  He said he understands the feeling that the Sign Ordinance has been working well, that people have been coming into compliance and a change should not be made because of this request.  However, he noted that things are never static and he believes Councils are always open to potential revision when it makes sense.  This is an opportunity to show the public that we mean what we say.

Commissioner Neustadt said the Sign Ordinance has been in effect since 2005, nine years, and we are at 94% compliance.  He feels that to amend the ordinance now would send the wrong message to those that came into compliance over the last nine years.  The Village has put the message out about Sign Ordinance compliance and why we have a Sign Ordinance.  We are at a point well after the compliance deadline to create an amendment.  He appreciates the value of signage and the desire of this business owner to keep his sign, but in this case we have given ample time to go through the process before the actual deadline.  He will not support this at this time.

Commissioner Hosé suggested taking a holistic approach with respect to the Sign Ordinance and whether there are things that would make sense to amend, rather than looking at individual issues in an ad hoc manner.

Commissioner Olsen commented about the message to the business community.  He thinks the message to the business community over the last few months has not been positive.  He would support a whole scale assessment of the Sign Ordinance, as suggested by Commissioner Hosé.  Commissioner Olsen said he is concerned as he has heard feedback from residents and some people involved in economic development that the Sign Ordinance has become an issue for Downers Grove.   He thinks the message Council would be sending by moving this through the process is one of listening to the community.  He noted that the amendment as currently drafted would not address any current sign in the Village.  Leibundguth's sign would not be compliant; it is more a matter of principle, and it sends the right message.  That message is that this Council is open to hearing residents and business owners and responding to their concerns.  He is greatly concerned and he finds it outrageous when we do not allow businesses to utilize one of their most important attributes, in this case advertising, to reach many people.  By considering this, the message we are sending to the community is that the Village is friendly and is will to listen to suggestions.  He hopes Council will be able to address some of these concerns from the business community and balance some of the needs.

Commissioner Olsen moved to direct staff to draft a text amendment  to the Zoning Ordinance to permit wall signs on building facades that face the BNSF right-of-way.

The Mayor asked for a second to the motion.  The motion failed for lack of a second.

Commissioner Neustadt announced that today was Commissioner Rheintgen's birthday and wished her a wonderful day, as did other members of the Council.

14. Adjournment

Mayor Tully asked for a Motion to adjourn.

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

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

Mayor Tully declared the motion carried and the meeting adjourned at 8:47 p.m.