Minutes Archive

August 16, 2011

1. Call to Order

Present: Commissioner Marilyn Schnell, Commissioner Bob Barnett, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt, Mayor Martin Tully, Village Manager David Fieldman, Village Attorney Enza Petrarca and Village Clerk April Holden M ayor 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 Marilyn Schnell, Commissioner Bob Barnett, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt 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

Council Meeting - August 9, 2011 M ayor Tully asked for a Motion to approve the minutes as submitted.

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

The Mayor declared the Motion carried by voice vote.

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

1 . Dan Techman, 1124 Berkeley Lane, Lemont, introduced himself as the President, Rotary Club of Downers Grove and noted that Keith Hoffman and Kent Ebersold were also present with him. He said the Rotary Club recently assisted with the storm clean up efforts in the downtown area of the Village. He explained that they did this as a big "Thank you" for the support they have received this past year from the people of Downers Grove. It was a quick way to thank the community for their support of the Rotary Fest this summer. Mr. Techman said that Mike's Tree Service, a local business, worked with the Rotary Club to get the job done for the Village.

Mayor Tully thanked Mr. Techman and the Rotary Club for coming to the meeting. Their service puts into action the motto "Service Above Self." Mayor Tully referenced the storm in Downers Grove, saying this is a fine example of the private sector working with local government. He also extended thanks to Mike's Tree Service.

Mr. Techman said that about 300 sites were addressed. He said Dave Fieldman was especially helpful.

Mayor Tully noted that the help extended to the elderly citizens was greatly appreciated.

Commissioner Schnell said she is sure that the residents they helped truly appreciate their assistance. It was an unselfish gesture of service to the community.

Commissioner Barnett said that the Village and Council should be thanking the Rotary Club not only with respect to the trees and damage clean up efforts, but for their willingness to come forward two years ago and take over sponsorship of the Grove Fest. He thanked them for their service.

Commissioner Waldack echoed the comments made, adding that while there was a lot going on there was not a lot of publicity. This was just plain golden service.

Commissioner Neustadt commented about the great partnership with Mike's Tree Service. This type of activity keeps community service going, and he extended his thanks on behalf of the Village.

2. Chris Fregeau, 1918 Elmore Avenue, acknowledged and thanked the Council and staff for the Manager's report that has been appearing on the Village's website over the past month or so. She said that there has been a lot of talk about transparency. She doesn't think she or the residents could feel better about what is occurring in the Village. The Manager's report allows the public to see what is happening, what the costs and savings are, etc. She thanked everyone for having this information available on the website.

5. Public Hearings

Midwestern University TEFRA Bond Hearing M ayor Tully called the public hearing to order at 7:10 p.m. to consider issuance by the Industrial Development Authority of the City of Glendale, Arizona of its Industrial Development Authority of the City of Glendale, Arizona Revenue Bonds, Midwestern University, Series 2011, in an aggregate principal amount not to exceed $45,000,000 with respect to facilities of the University located in the Village of Downers Grove. Notice of this hearing was published in the Downers Grove Reporter on August 3, 2011 and in the Chicago Tribune on August 2, 2011.

He summarized the procedures to be followed for the public hearing.

Chris Walrach, attorney for Midwestern University, stated that Midwestern has a campus here and in Glendale, Arizona. Glendale has authorized a bond resolution to provide bonds not to exceed $50 million. The Public Hearing has to be held in Downers Grove due to federal tax laws which require that the hearing be held in the city where the funds will be spent. There is no liability to the Village in this instance, and Midwestern is asking that the Village pass a resolution approving the issuance of bonds.

Mayor Tully reiterated that the Village is not issuing any debt in this regard.

Dr. Goeppinger, President of Midwestern University, said she wanted to point out the investment that the University is willing to make in Downers Grove. The funds will be for the Basic Science building, the parking deck expansion, the Commons addition, the purchase of land for the clinic, and the preliminary design of the clinic. The University has a strong financial position, and a good bond rating.

Mayor Tully commented that he would like to find more examples where other communities could be issuing the debt.

There being no further comments from the Council or the general public, Mayor Tully adjourned the public hearing at 7:16 p.m.

6. Consent Agenda

COR 00-04599 A. Claim Ordinance: No. 5911, Payroll, July 29, 2011

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

BIL 00-04598 B. List of Bills Payable: No. 5916, August 16, 2011

Sponsors:Accounting ApproveIndexes: N/A Passed The Consent Agenda

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

7. Active Agenda

ORD 00-04595 A. Ordinance: Final Planned Development Amendment to Planned Development #31 for Additions to the Existing Parking Garage and the Construction of a New Six-Level Parking Garage

Sponsors:Community Development and Plan Commission

Summary of Item:This approves the 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.

AN ORDINANCE APPROVING A FINAL PLANNED DEVELOPMENT AMENDMENT TO PLANNED DEVELOPMENT #31 FOR ADDITIONS TO THE EXISTING PARKING GARAGE AND THE CONSTRUCTION OF A NEW SIX-LEVEL PARKING GARAGE

ORDINANCE NO. 5205 C ommissioner Durkin asked about a letter from the Economic Development Corporation regarding this matter. Mr. Fieldman said that has been received and is on the Village's website. It is a positive endorsement.

Commissioner Schnell said she will not support this as she feels the variances are excessive and precedent setting. She walked and drove the site area today, and she considers it to be overly tight.

Commissioner Waldack said he expressed concerns last week about the variances and the lack of definite plans to actually build. He was concerned that this could come before the Village annually, and was further concerned with how this would affect the Forest Preserve based on the concerns they expressed. He said his questions were answered last week. Under the circumstances these are acceptable variances and he will support this request.

Commissioner Neustadt commented that he will also support this, saying that the use of variances when appropriate, is a good economic tool.

Mayor Tully added his support for this ordinance.

Commissioner Durkin noted that Sara Lee occupies 75% of the building. To maintain an A-level status, it is imperative that this is supported to allow the site to remain competitive. A motion was made by Commissioner Durkin, seconded by Commissioner Neustadt, to Adopt this file. Mayor declared the motion carried by the following vote:Votes: Y ea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully Nay: Commissioner Schnell Indexes: Planned Development #31 - Esplanade at Locust Point

ORD 00-04596 B. Ordinance: Amend Liquor Serving Hours

Sponsors:Liquor Commission

Summary of Item:This amends liquor serving hours.

AN ORDINANCE AMENDING LIQUOR SERVING HOURS

ORDINANCE 5206 A motion was made by Commissioner Neustadt, seconded by Commissioner Barnett, to Adopt this file. Mayor declared the motion carried by the following vote:Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully Indexes: Liquor Ordinance Amendments

RES 00-04593 C. Resolution: Amend the Downtown Special Service Area Operations Agreement with Downtown Downers Grove, Inc.

Sponsors:Manager's Office

Summary of Item:This authorizes execution of an amendment to the Downtown Special Service Area operations

agreement between the Village of Downers Grove and Downtown Downers Grove, Inc.

RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE DOWNTOWN SPECIAL SERVICE AREA OPERATIONS AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND DOWNTOWN DOWNERS GROVE, INC.

RESOLUTION 2011-57 C ommissioner Neustadt stated that he will support this amendment. The Downtown Management Corporation (DMC) is an integral part of the community. The Village needs to continue to support and promote the downtown area. As the Council liaison to the DMC, he has seen their work first hand. This amendment will allow them to continue to manage their budget and continue to hold numerous activities in the downtown area. He doesn't believe extra events will be added as a result of this.

Commissioner Waldack said he opposes charging fees to non-profits for events. To do so is detrimental and divisive. He thinks the policy should apply across the board including Downtown Downers Grove, Inc. He commented on his concerns about groups partnering with the DMC and taking advantage of the fee waiver status. He believes they need protective language regarding partnership with for-profit organizations. He said that last week's arguments are not compelling enough and are subject to interpretation. The DMC has an obligation to hold events, and they should budget for them. He would support a charge back policy. He noted that some of the DMC events make money and show a profit.

Commissioner Schnell stated that supporting the DMC and its events is a great thing; however, she has a problem with fee waivers for the downtown and not for other non-profits. She would like to reopen discussions with the DMC regarding cutting costs or other ways to do their work. She believes the fee waivers should be consistently applied.

Commissioner Durkin said he will support this.

Commissioner Barnett commented that this is a longer term structural question, and he agrees with Commissioners Waldack and Schnell. This resolution is more like a band aid. The DMC needs money quickly, and he would have preferred to have a fee waiver request. The goal is to make decisions that treat everyone equitably and provides for long-term sustainability and predictability. He will not support this, and hopes more discussion will come up long term. This is a question as to how to go about increasing support. He will, however, continue to hound DMC and Village staff to get into this in greater detail, sooner rather than later.

Commissioner Neustadt commented that with regard to the profitability of events, the events are to promote the downtown area. The businesses make profits and the Village benefits. The DMC does not profit from the events. Emmett's Ale House considered partnering with the DMC, and decided on their own not to do so. The DMC is not looking to do this again.

Commissioner Rheintgen said she would support this. As to the Emmett's Ale House issue, she remembers that the DMC was involved more to ease them through the process, and not to request fee waivers.

Commissioner Barnett apologized if he appeared to be overly negative. He would like an arrangement for DMC to be stronger. He is not being skeptical about what they might choose in the future. He is simply frustrated because he would like to do better by the DMC.

Mayor Tully said he thinks the amendment is appropriate and overdue. There is a difference between a waiver and an exemption. He does not see this as a waiver situation, but rather as an exemption. The DMC is in many respects an extension of the Village. They are required to hold events and it doesn't make sense to charge them. He believes the statement that they are "exempt" from the fees would be more appropriate. The Mayor said the question of what is the proper relationship with the DMC is an appropriate conversation, and he agrees that it should take place sooner rather than later. He also noted that this appears to be similar to what the Community Events Commission used to do. Regarding partnership with groups, he believes the Village should explore the opportunities. There may be an opportunity to facilitate events for a net gain for the community.

George Swimmer of the Lions Club, a business owner and property owner, said he supports the downtown business community. He agrees that the DMC benefits businesses; however, he noted that the Lions and the Rotary Club still have to pay fees. The Lions Club was upset about paying fees. They sponsor the downtown Halloween Parade and the 5K race. He would like the Village to consider a certain percentage or amount of fees that the Village could absorb for viable non-profits.

Mayor Tully responded that is a separate policy, and there is always the opportunity to request a waiver.

A motion was made by Commissioner Durkin, seconded by Commissioner Neustadt, to Adopt this file. Mayor declared the motion carried by the following vote:Votes: Y ea: Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully Nay: Commissioner Schnell, Commissioner Barnett and Commissioner Waldack Indexes: Downtown Management Corporation Motion to Adopt Ordinance 00-04601 through Ordinance 00-04618, Annexation Ordinances (Active Agenda Items D - U)

Commissioner Schnell moved to adopt Ordinance 00-04601 through Ordinance 00-04618 annexing certain territories to the Village of Downers Grove. Commissioner Durkin seconded the Motion.

Mayor Tully commented that about two years ago, the Village Council undertook the job of looking at its financial sustainability. The first thing was to make decisions about expense cuts, amounting to millions of dollars. They then looked at strategies to maintain economic sustainability for the community. This annexation project is only one part of that effort. Many meetings were held in the community. The Council has heard from many people with differing views, and this is the end of that process. The Village looks forward to welcoming people into the Village.

Preston Straub, 7318-2 Winthrop Way, said he was present last week and commented on the proposed annexations. In his situation, he asked that the Village defer the annexation. He is not necessarily opposed to the annexation, but is concerned from a financial standpoint for part of the residents in the area. He would like to have assurances of life safety issues regarding the Fire Department, and would also like to see the Village help them get their water lines dedicated. This would be a way to show the people that the Village does care. Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully

ORD 00-04601 D. Ordinance: Annex Certain Territory to the Village of Downers Grove, Illinois (NW Corner 39th Street & Glendenning Road)

Sponsors:Manager's Office and Community Development