August 19, 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 William Waldack, Commissioner Sean P. Durkin, Commissioner Bruce E. Beckman, Commissioner Geoff Neustadt and Mayor Ron Sandack Absent: Commissioner Martin Tully 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

Council Meeting – August 5, 2008 Workshop Meeting – August 12, 2008 Commissioner Waldack said he submitted minor corrections to the minutes of August 5 and August 12, 2008 to the Village Clerk. Mayor Sandack said the minutes would be filed as corrected.

Proclamation

Mayor Sandack read a proclamation congratulating Cleona Fox on her 100th birthday and proclaiming August 28, 2008 as Cleona Fox Day in the Village of Downers Grove. Mrs. Fox then gave some recollections of what Downers Grove was like in the 1920s. She said it was very different and she liked it then.

Economic Development Corporation Quarterly Report

Greg Bedalov, President of the Economic Development Corporation, presented the EDC quarterly report, stating that for the 2nd quarter there was a 3.65% decline in sales tax revenue. The largest decline was in the area of retail including furniture, electronics and apparel. There was an increase in automotive sales tax revenue.

Mr. Bedalov then reported on the Hotel Tax Revenue, which showed a 16.68% decrease in the 2nd quarter as compared to the 2nd quarter of 2007. There has been no change in the commercial and office vacancies, which remained at 17.25%. He noted that the decrease in corporate business travel could explain some of the percentage decrease. He provided an update on the “In” campaign and hospitality alliance. MacNeil Automotive has announced plans for a LEEDS certified building in Downers Grove which will bring some jobs into the Village.

In response to Commissioner Beckman, Mr. Bedalov said their data is not broken out by restaurants and hotels. They have seen a growth in the restaurant industry.

Commissioner Schnell suggested putting signs up as to what is coming into the Village, as she thinks that will send a positive sign and would project the vibrancy of the area. She asked whether the decrease in hotel tax is due to a lack of corporate travel or competition from other communities. Mr. Bedalov said that it appears to be due primarily to corporate travel downturn. Downtown Management Corporation Quarterly Report

Linda Kunze, Manager of the Downtown Management Corporation, reviewed the 2nd quarter report, saying that retail occupancy rates have decreased slightly, although retail rental has remained the same. Office occupancy has increased, and rental rates remain consistent. The EAV has increased 8%, and the retail mix is strong. She said they are looking to target businesses to the community, and encouraged everyone to check the website for upcoming businesses in the area.

Commissioner Beckman said that there is interest and enthusiasm in the new restaurants in the area, however none seems to have sparked more interest than Restaurant Capri, and he asked what she could tell them. Ms. Kunze said that they were approved at the Liquor Commission this month, and they are targeting an opening by November 1.

Capital Projects Update

Ms. Robin Weaver of Public Works reported that there are ten projects to be updated:

Preventive seal program is 95% complete; Dunham Place stormwater project is 95% complete; Woodward Avenue reconstruction is 90% complete; Sidewalk replacement is 95% complete; Roadway replacement is 70% complete; Carpenter Street improvements are 70% complete; Maple and Carpenter project is 60% complete; Prentiss Sub-B and the Sun Ridge improvements have only begun Prairie Avenue utility improvements have begun with fire hydrant replacements The new sidewalk program began yesterday.

Ms. Weaver said that the website has all of the capital projects listed with their current status.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Greg Bedalov, President, Economic Development Corporation, said Mrs. Fox has 150 people attending her party and they are staying in Downers Grove hotels.

B. Comments and Questions on General Matters

1. J. R. Reid, a resident in the Acadia Building 2, commented on the noise issue saying he represented many residents of the development. There have been many news articles written on this, some of which are negative posts not related to the concerns of the residents. They would like to see the item stay on task with a report on what is being done on this with respect to the Village’s Noise Ordinance. He said that the noise continues with little feedback from the Village, and the residents wonder if the correct issues are being addressed. He then asked why a citation isn’t being issued to independent truck drivers.

Mayor Sandack said that a lot has been done between staff and the Post Office. Staff is aware of this issue and has been for some time. It is not as easy as issuing the federal government a citation. The Mayor said that staff is working with the Post Office. He is not sure that the Village can make the Post Office move, but legal counsel is looking into what options are available. They are asking the Post Office to be better neighbors. He asked Mr. Reid to talk to the staff regarding the status, and stated he appreciates the continued patience and indulgence of the people living in Building 2.

2. Joseph Rourke, a resident of Acadia Building 2, asked whether an opinion was received by Council as to enforcement of the law and if there has ever been a violation of the law by the Post Office before. He also asked if the matter of the noise came up in planning the development.

Mayor Sandack said that the Post Office operation was not a secret.

Mr. Rourke said that residents received two letters from the Village regarding two events and access to parking in the parking garage. Entrance to the garage was blocked during the Heritage Festival fire works, which was not addressed in the letter. The second letter concerned parking during the Bike Race, however the police would not honor the letter until the second day of the event. He said there is a breakdown in communication, and he asked for proper communication.

Mayor Sandack thanked Mr. Rourke for his comments, and acknowledged that events cause disruptions. He appreciated the comments made.

5. Public Hearings

6. Consent Agenda

COR00 -03435 A. Claim Ordinance: No. 5755, Payroll, August 1, 2008 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -03436 B. List of Bills Payable: No. 5734, August 19, 2008 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

MOT00 -03438 C. Motion: Authorize Engineering Contracts for Selected FY09 Capital Projects Sponsors: Public Works Summary of Item: This authorizes staff to negotiate engineering contracts for 11 capital projects as follows:

S-004 New Sidewalk Program ST-008 Valley View Estates Reconstruction SW-034 Prentiss Creek, Sub B (McCollum Park) SW-042 N. St. Joseph Creek, Sub E (Washington Park) SW-036 N. St. Joseph Creek, Sub J SW-037 Prentiss, Sub F SW-038 S. St. Joseph Creek, Sub I TR-008 Springside/63rd St. BW-002/BW-003 Bikeways Phase I and II WA-019 Esterbrook (63rd to Norfolk) WA-026 Watermain Interconnections (59th) A motion was made to Authorize this file on the Consent Agenda. Indexes: Capital Projects

RES00 -03439 D. Resolution: Authorize an Agreement with Houseal Lavigne Associates, LLC Sponsors: Community Development Summary of Item: This is the for creation of a “Comprehensive Plan” for the Village of Downers Grove and to facilitate a portion of the Total Community Development (TCD) 3 process, in an amount not-to-exceed $177,900.00 including expenses.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND HOUSEAL LAVIGNE ASSOCIATES , LLC

RESOLUTION 2008 -81 A motion was made to Pass this file on the Consent Agenda. Indexes: Total Community Development III (TCD), Comprehensive Plan

RES00 -03440 E. Resolution: Authorize a Professional Services Agreement with Hampton Lenzini and Renwick, Inc. Sponsors: Public Works Summary of Item: This is for an amount not to exceed $95,807.38 for Phase III resident engineering services for the watermain replacement at Maple Avenue and 55th Street.

A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND HAMPTON LENZINI AND RENWICK , INC.

RESOLUTION 2008 -82 A motion was made to Pass this file on the Consent Agenda. Indexes: Water Main Improvements, Watershed Infrastructure Improvement Plan, Engineering Services

RES00 -03441 F. Resolution: Authorize a Professional Services Agreement with Kudrna and Associates, LTD . Sponsors: Public Works Summary of Item: This is for an amount not to exceed $158,000 for Phase III resident engineering services for the Prentiss Creek Subwatershed B Storm Sewer and Sunridge Subdivision Watermain Replacement.

A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND KUDRNA AND ASSOCIATES , LTD.

RESOLUTION 2008 -83 A motion was made to Pass this file on the Consent Agenda. Indexes: Water Main Improvements, Watershed Infrastructure Improvement Plan, Engineering Services

BID00 -03442 G. Bid: Award $208,000.00 to Everest Excavating & Underground, Gilberts, IL, for the Parrish Court Drainage Improvements and Venard and Acorn Storm Sewer Replacement Projects Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Storm Sewers, Drainage Improvements

BID00 -03443 H. Bid: Award $64,015.00 to West Side Tractor Sales Co., Naperville, IL, for One (1) 2008 Bomag BP4413 Asphalt Paver Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works – Equipment

RES00 -03444 I. Resolution: Authorize an Amended Mutual Aid Agreement with the County of DuPage and/or Public Agencies Within DuPage County Sponsors: Police Department Summary of Item: A RESOLUTION TO AUTHORIZE EXECUTION OF AN AMENDED MUTUAL AID AGREEMENT BETWEEN THE COUNTY AND THE VILLAGE OF DOWNERS GROVE AND /OR PUBLIC AGENCIES WITHIN DUPAGE COUNTY

RESOLUTION 2008 -84 A motion was made to Pass this file on the Consent Agenda. Indexes: DuPage County

RES00 -03445 J. Resolution: Authorize an Addendum to an Agreement with the National Ice Carving Association Sponsors: Community Events and Community Events Commission Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE NATIONAL ICE CARVING ASSOCIATION

RESOLUTION 2008 -85 A motion was made to Pass this file on the Consent Agenda. Indexes: Ice Carving

MOT00 -03446 K. Motion: Authorize Expenditure of a Not-to-Exceed Amount of $60,000 for the Village Ice Sculpture Festival on February 6, 7 and 8, 2009 to be in the FY09 Municipal Budget Sponsors: Community Events and Community Events Commission A motion was made to Authorize this file on the Consent Agenda. Indexes: Ice Carving

RES00 -03448 L. Resolution: Authorize an Agreement with Thomson West Sponsors: Village Attorney Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THOMSON WEST

RESOLUTION 2008 -86 A motion was made to Pass this file on the Consent Agenda. Indexes: Thomson West

MOT00 -03453 M. Motion: Note Receipt of Minutes of Boards and Commissions Summary of Item: Community Grants Commission – July 7, 2008 Library Board – July 23, 2008 Plan Commission – July 7, 2008 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 Beckman, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack

7. Active Agenda

ORD00 -03450 A. Ordinance: Approve a Planned Development Amendment to Planned Development #31 for a Variation for Temporary Signage Sponsors: Community Development and Plan Commission Summary of Item: At their meeting of July 7, 2008, the Plan Commission recommended approving a planned development amendment to Planned Development #31 for a variation for temporary signage.

AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AMENDMENT TO PLANNED DEVELOPMENT #31 FOR A VARIATION FOR TEMPORARY SIGNAGE

ORDINANCE NO . 4993 Commissioner Waldack said he was concerned about the size of Carlucci’s temporary banner. But he said that this is a Planned Unit Development (PUD) and has its own rules. He noted that all businesses face a tough economy right now, but he wondered how smaller businesses along Ogden and other areas react to this type of request and approval. He is concerned with the message that other businesses get when the Council approves such requests, although he will be supporting the ordinance.

Commissioner Schnell said that her understanding is that even with the temporary banners, Carlucci’s is well within the amount of signage they can legally have for that building. They could put up bigger signage if they wanted to. She was informed that these banners would be of the highest quality, and that Carlucci’s is not asking for any additional signage, but was requesting a different type of signage.

Commissioner Beckman commented that there were several unique conditions in this request which were considered by the Plan Commission including location, lot setbacks, significant frontage area and lack of direct access to Butterfield Road, all of which contribute to making approval of this request appropriate.

Mayor Sandack said Chapter 28-1607 of the Municipal Code sets forth standards for approval and Carlucci’s meets the criteria established. Those businesses not located in a PUD still have redress through variations. The Mayor said it would be incorrect to assume that mom and pop businesses do not have the same relief possibilities as Carlucci’s. The Plan Commission and the Council heard several practical difficulties in this petition which warrant approval of the request since the petition meets the established criteria. Carlucci’s could ask for larger signage, but instead chose to submit a request for a different type of signage that still falls within the size limitations. The Village’s Sign Ordinance was set up as a strict ordinance; however, it does provide options for relief through variations as long as the variation requirements are met. 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 Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Planned Development #31 – Esplanade at Locust Point

ORD00 -03452 B. Ordinance: Amend Community Grants Provisions Sponsors: Finance and Community Grants Summary of Item: This makes certain amendments to provisions concerning Community Grants.

AN ORDINANCE AMENDING COMMUNITY GRANTS PROVISIONS

ORDINANCE NO . 4994A Commissioner Neustadt thanked Sue Brassfield and the Community Grants Commission members for their work, as well as the Council members for their consideration. Mayor Sandack expressed his appreciation to Commissioner Neustadt for his service.

Commissioner Beckman said he supports this, but still has concerns about the changes. He spoke to Commissioner Neustadt and Dave Humphreys to obtain a better understanding, but feels that the Village may institutionalize the same recipients year after year. He would like to see some consideration given in the future to institutionalize an outreach program.

Commissioner Schnell said she agrees with Commissioner Beckman about an effort to wean organizations from receiving money year after year. She suggested doing outreach to attract cultural programs to the Village.

Commissioner Neustadt said they are considering conducting an unofficial poll of the attendees at the Fine Arts Festival. The Commission also wants applicants to come to the follow up meetings after the application process when it is decided how to distrubute the money. 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 Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Community Grants

8. Mayor’s Report

New Business

RES00 -03454 Resolution: Appoint Members to Boards and Commissions Sponsors: Mayor Summary of Item: This reappoints Audra Hamernick, Gregory Beggs, and Ronald Waechtler to the Plan Commission for terms expiring August 31, 2011.

RESOLUTION REAPPOINTING MEMBERS TO THE PLAN COMMISSION

RESOLUTION 2008 -87 Commissioner Schnell said that these individuals are a good mirror of the Plan Commission, which has a range of senior members and younger members. Utilizing the wisdom of the senior members allows the Plan Commission to jell and work well. She recommended that these individuals be reappointed because of the mix they provide to the Plan Commission. They listen and work well together as a Commission.

Mayor Sandack said that the Plan Commission is a statutory board and is one of the most important boards in the Village. They consider land use issues. It is important to balance turnover on this board to make sure that it runs well. It would not be good to disrupt the board at this time. 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 Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Boards and Commissions Materials to be Placed on File

9. Manager’s Report

Acting Village Manager Dave Fieldman said he was presenting two items:

1) Long Range Financial Plan. Mr. Fieldman said this was identified as a top priority in the 2007-08 and 2008-09 Strategic Plans. He reviewed the objectives of the plan. It includes financial forecasting and analysis, identifies long-term financial issues, develops long-term financial strategies and assists in the preparation of annual budgets. Components of the Village’s long range financial plan include economic environments and conditions, multi-year financial outlook, financial planning for ten significant issues, revenue analysis and long range financial strategies. He then reviewed the schedule for the long range financial plan and the FY09 budget. He said the process includes multiple opportunities for input and discussion, allowing for a dialogue among community, Council and staff; creating awareness of issues; and potential solutions and establishing an on-going process. A draft document will be ready by September 30 and workshops will be held throughout October, with further evaluation and eventual adoption by year’s end.

Commissioner Schnell applauded staff for their work on a long range financial plan. Previous Councils did this from the 1980s through the 1990s and it allowed Council and staff to see trends and to identify potential problems and/or opportunities.

Commissioner Waldack also thanked staff for re-introducing what he sees as a great step toward real planning. He said it will work hand-in-hand with the Strategic Plan. He hopes residents will provide input.

Commissioner Beckman said that the October 11 budget workshop is a critical date. He has a long-standing commitment for that date and will not be in attendance, but is already working with the Manager to set up a process to review the information and address any concerns and questions.

Mayor Sandack said that he feels this is a long term view of how services and costs will be provided for the Village. This long range plan should assist in the year-to-year budgeting quite ably. He commended staff for undertaking this.

2. Megan Bourke, Management Analyst, commented on the Recycling Extravaganza saying that the list of items to be collected has been expanded to include dressers, cribs, dishes and silverware. They are teaming up with the Lions Club to accept glasses, hearing aids and keys. The American Legion will be collecting American flags. Ms. Bourke said there are shifts open for volunteers and they are contacting civic organizations for their assistance as well. The event is from 9:00 a.m. to 3:00 p.m. and volunteers are needed from 7:00 a.m. to 5:00 p.m. The later afternoon period is open for volunteers. Ms. Bourke said that information is available on the website. The event will be held on Saturday, September 20 in Parking Lot H at the Belmont Train Station. Additional items will be shown on the website between now and the event.

10. Attorney’s Report

Future Active Agenda

11.Council Member Reports and New Business

Commissioner Neustadt said that the bike race was a huge success. There were many high caliber athletes in attendance. He announced that September 20 is the Black & White Ball for the Chamber of Commerce. He also congratulated Assistant Village Manager Mike Baker on the award he received in June from the Illinois City/County Management Association for special service to the Association.

Commissioner Beckman appreciated the residents who came to the Coffee with the Council. He mentioned that Christian Vande Velde, one of the racers of the US Pro Criterion Race, placed fifth in the Tour de France. It was an international event.

Commissioner Durkin said he attended his first Pro Criterion race and it reminded him of events he attended as a young child with his parents. He thanked everyone who participated in the event and encouraged residents of the downtown area to make suggestions as to how to make it an even better event.

Commissioner Durkin said that Coffee With the Council will be held September 20 and he suggested moving the meeting to the Recycling Extravaganza site.

Commissioner Schnell said this was her 22nd bike race. She suggested getting representatives of the condo associations to meet staff with respect to planning the race.

The Mayor said that the Village staff does a great job in putting on the race. It is an international event. With more residents living in the downtown area, there is a new stakeholder to consider. He thanked staff for their tremendous effort.

12. Adjournment

Commissioner Durkin moved to adjourn. Commissioner Beckman seconded.

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

Mayor Sandack declared the motion carried and the meeting adjourned at 8:17 p.m