August 06, 2013

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

Council Meeting - July 16, 2013 Long Range Plan Meeting - July 23, 2013 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.

Proclamation

Mayor Tully read a Proclamation in honor of the Pink Heals Tour presently in Downers Grove, and declaring August 6, 2013 as Cares Enough to Wear Pink Day in the Village.

Mayor Tully then introduced State Representative Ron Sandack who read a Resolution from the Illinois House of Representatives recognizing the work of the Pink Heals Tour.

Commissioner Neustadt said that the Pink Heals Tour has been in the area for a number of days. They offered a visit to his Aunt Louise, and he thanked them for the visit. He also thanked Marriott Suites, the Chamber of Commerce and Gatto's Restaurant for their part in accommodating representatives from the Tour during their stay in the Village.  Mayor Tully and State Representative Sandack then presented the Proclamation and Resolution to representatives in the audience.

Joel Mains thanked the Mayor, Representative Sandack and the Council for the Proclamation and Resolution. He said that the representatives from the Pink Heals Tour are firefighters and police officers who use their vacation days to travel. They support more than those with cancer, and want to establish themselves in many areas. This is an opportunity to repay women for what they do.

Mayor Tully stated that the community has embraced the Tour and it is growing. Their work is appreciated. 

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

1. Esther Anders, 1110 Warren Avenue, came to the meeting to register a complaint against Alliance Cab Co. She said that she made a reservation for a cab and it never showed up. Then when she made another reservation, the driver didn't know where to pick her up.

The Mayor said he was sorry to hear of her experience, noting that he has heard several other examples of unacceptable taxi service. He explained that the cab companies are private businesses, and the Village has limited authority over them; however, he said that staff would try to address this.

2. William Waldack, 1409 Willard, said he will talk to her about this situation. He said he understood that the Council went into Executive Session several weeks ago to discuss collective bargaining. Since that time Council has also met regarding long range planning and the need for an employee compensation plan. He said he would confine his comments to what is general knowledge, what is on social media and what is discussed on the street as well as what is in the public record. The last several collective bargaining contracts were approved by Council by a 4-3 vote. He has reason to believe that "force majeure" will again raise its ugly head. Force majeure refers to disasters and acts of God. Council and staff have addressed the possibilities of catastrophies with reserve funds. What has been proposed is to offer unions a set amount of money that would increase if the Village does well. If the Village finances suffer, the union members would have to take a hit as well. Unions are not in the habit of accepting variable rates. The union's counter proposal would probably be higher than they would normally ask, knowing that the proposal could go before an arbitrator. The arbitrator would choose one proposal or the other and would probably select the union-type proposal. That would cost Village residents thousands of dollars. Mr. Waldack said he has often spoken of budget amendments that are done annually. Budgets would be contentious and unions would probably try to change the expenses and revenues and the budget would become a game. There are too many questions and too many ifs. He said he hopes that the new Council members reject this, as it is bad for residents and the Village.

3. Brian and Zaida Kuhns, 1149 Candlewood Drive, voiced their concerns about increased airline traffic and increasing noise over the last 2-3 months. They asked if it is permanent or temporary. On August 4, at 6:00 p.m. airplanes flew over their home once every minute. Mrs. Kuhns commented that they are flying very low and are noisy. It is affecting their quality of life and she knows other people have complained as well.

Mayor Tully thanked them for bringing this to the Council's attention. He said it is usually done as a result of flight patterns, and staff will look into this and let Mr. and Mrs. Kuhns know what they find out.

4. Mark Thoman, 1109 61st Street, said he was speaking as a member of the Pierce Downer's Heritage Alliance. Mr. Thoman spoke of trees in the Village and the decline of the Village canopy over the last six years. He said that the decline is the equivalent of 60 football fields which translates into 3 1/2 acre feet of direct stormwater interception. The tree loss is a considerable stormwater mitigation loss. He suggested that stormwater funding be used for the continual annual increased purchase of trees as a stormwater mitigation device.   

5. Council Member Reports

Commissioner Neustadt announced that the Village has received the GFOA Distinguished Budget Presentation award for its FY-13 budget. This is the fourth year in a row.

Mayor Tully commented that we under-celebrate this. This award is not handed out easily, and is a demonstration of the Village staff's outstanding work. He extended his congratulations to the staff on this achievement.

Commissioner Durkin said he would like to know how to ask for a home visit from the Pink Heals Tour. Regarding the GFOA award, he said it is looked at by bond rating agencies.

Commissioner Neustadt said people can request home visits through Pink Fire Truck.org. Commissioner Durkin recommended putting it on the Village website.

Mayor Tully said that the Downers Grove Noon Lions Club would host the new teachers' luncheon on August 13 at noon at Downers Delight restaurant. While it is not open to the public, it is a very special event.

The Mayor noted that he is the District 3 representative to the DuPage County Stormwater Committee. He reported out on a meeting held earlier today by the Committee. The Committee is made up of County Board members or appointees and members appointed representing municipalities of the six different districts The County staff made a presentation about HB1522 regarding discussion and potential adoption of a County stormwater utility. The Mayor noted that the legislation has not yet been signed by Governor Quinn, but it is expected to be. There were many questions raised. It is unclear whether or not a stormwater utility will happen. The first step is to come up with a needs assessment report, which may take 6-12 months to complete. The County is very different from municipalities and he raised many questions. He feels that this will not happen overnight. More information will be forthcoming from the DuPage Mayor and Manager's Conference.

Commissioner Olsen asked whether the Mayor was unsure as to whether this will apply to the Village. The Mayor replied that is not decided yet; nothing is decided yet. He said that they have been assured that there will be a long process prior to adoption of a County stormwater utility. The Mayor said they are keeping their eyes on this.

Commissioner Rheintgen referenced a discussion held regarding the County projects being different from local ones. The Mayor responded that one comment is that the County dollars go to County projects and municipalities will continue to be responsble for their own projects. The Mayor said there are aspects of this that he would take issue with. There were also suggestions regarding partnership credits to municipalities that have their own stormwater utility. The Mayor said our staff is fully engaged and is represented at these discussions. We will also continue to be represented through our membership in DuPage Mayors and Managers.

Frank Falesch, 820 Prairie, asked whether the tax would be limited to unincorporated areas. Mayor Tully replied that is one of the questions raised, and it has not been answered yet. Mr. Falesch then asked how the County will bill and collect. Mayor Tully replied that the County doesn't have a water bill. Mr. Falesch said that they could put it on the tax bill.   

6. Public Hearings

7. Consent Agenda

COR 00-05297 A. Claim Ordinance: No. 6013, Payroll, July 12, 2013

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

BIL 00-05298 B. List of Bills Payable: No. 6062, August 6, 2013

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

RES 00-05306 C. Resolution: Authorize an Amendment to the Resolution Authorizing Certain Purchases for FY2013 from the Suburban Tree Consortium

Sponsors:Public Works

Summary of Item:A RESOLUTION AUTHORIZING AN AMENDMENT TO THE RESOLUTION AUTHORIZING CERTAIN PURCHASES FOR FY2013 FROM THE SUBURBAN TREE CONSORTIUM

RESOLUTION 2013-48 D r. Gordon Goodman, 5834 Middaugh, commented on Item C, the purchase of additional trees. He said he is pleased to see that the Council is moving ahead with this. The number of trees will be increased by one-third. He asked whether the Village is getting the same quality of trees. He also said it is good use of available funds. Dr. Goodman spoke of last year's approval of the Consortium. Public Works Director Nan Newlon and Village Forester Kirsten von der Heide scheduled a meeting to discuss ways to plant more trees. He noted that you have to count on residents to take care of the trees. He also noted that there are a limited number of areas without trees that would be suitable for planting trees. There are approximately 2100 such locations in the Village.  Dr. Goodman said that staff consulted residents and contacted 500 of those residents and got responses from about 20% of those contacted. As a result, staff identified 34 new locations where trees could be planted in parkways. There are 1600 more locations staff could look at. He asked that Ms. Newlon and Ms. von der Heide meet again to explore this further. The Village is falling behind in the number of plantings as compared to removals. He looks forward to further discussion about this.

Frank Falesch, 820 Prairie, cautioned the Village not to plant ornamental trees. He referenced Elm Street and the problems these trees have caused. They are a sight obstruction.

Commissioner Olsen asked about Dr. Goodman's inquiry as to the quality of trees. Mr. Fieldman responded that the quality stays the same, high quality from nurseries that meet our standards. The increase in the number of trees to be purchased is due to a volume discount.   A motion was made to Pass this file on the Consent Agenda.Indexes: Tree Consortium

MOT 00-05312 D. Motion: Authorize a Change Order for $30,000 to D. Ryan Tree & Landscape, LLC for Tree and Stump Removal Services

Sponsors:Public Works A motion was made to Note Receipt Of this file on the Consent Agenda.Indexes: Tree and Stump Removal

RES 00-05307 E. Resolution: Authorize an Agreement with CHC Wellness

Sponsors:Human Resources

Summary of Item:A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND CHC WELLNESS

RESOLUTION 2013-49 A motion was made to Pass this file on the Consent Agenda.Indexes: Health Risk Assessment

RES 00-05310 F. Resolution: Authorize an Agreement with Aclara Technologies, LLC for Meter Reading Services

Sponsors:Public Works

Summary of Item:A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ACLARA TECHNOLOGIES, LLC FOR METER READING SERVICES

RESOLUTION 2013-50 A motion was made to Pass this file on the Consent Agenda.Indexes: Water Hydrants & Meters

MOT 00-05302 G. Motion: Note Receipt of Minutes of Boards and Commissions

Summary of Item:Zoning Board of Appeals - June 26, 2013 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 00-05296 A. Ordinance: Authorize a Second 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 and Plan Commission

Summary of Item:This authorizes a second 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, 2014.

AN ORDINANCE AUTHORIZING A SECOND 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

ORDINANCE NO. 5324 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 00-05308 A. Ordinance: Proposing the Establishment of Special Service Area Number 6

Sponsors:Community Development V illage Attorney Enza Petrarca said that the Village is proposing SSA #6 for certain unincorporated areas located in and adjacent to the Fairview Fire Protection District. The Village has been providing fire and emergency medical services to the unincorporated area near 39th Street and Fairview Avenue for several decades. The Fairview Fire Protection District has been unable to pay the Village for the full cost of services. The ordinance is a requirement of the SSA establishment process.

Mr. Fieldman commented that this is a high priority action item and the proposed solution is permanent.

Commissioner Olsen asked about the area, and Attorney Petrarca replied that it includes Whitlock Park, although it does not have any impact on Whitlock Park or the Park District. They would be exempt.   Indexes: Special Service Area 6 - Fairview Fire Protection District

MOT 00-05235 B. Motion: Accept Update to Bicycle & Pedestrian Plan

Sponsors:Public Works

Summary of Item:This accepts the updates to the Downers Grove Bicycle and Pedestrian Plan dated March 2013,

prepared by Sam Schwartz Engineering. M r. Fieldman said that this was scheduled for this evening because staff wanted to be sure that all Council members were present to participate in the discussion.

Bill Chalberg, 1132 Curtiss, read a paragraph from the plan that stated that streets that are safer for bikes and pedestrians are also safer for cars. He said that a bicycle lane is a fabulous thing. The City of Indianapolis has vastly increased the number of bike lanes. He noted that the Bike Club wants to support this plan.

Ryan Gleason had two questions regarding the key findings, and asked as to the age of the prior Metra study that found Downers Grove to be among the top ten for bicycle uses, and is it the Village or surrounding area.

Ms. Newlon said that the last comprehensive count conducted by Metra was in 2006. Mr. Gleason asked about the original bike plan that came out over ten years ago. Mayor Tully replied that it is available.

Ms. Newlon said that the Village has implemented about 70% of the recommendations in the original plan.

Dr. Gordon Goodman said he is pleased to see that this has come before the Council again and he supports it. He spoke of the NIGAS right-of-way and the use of it for bikes. He is also glad to see an integration with County plans in the new plan, as well as utilization of unconstructed rights-of-way. Dr. Goodman spoke about the pedestrian circulation, referencing the first part of the document regarding existing conditions. He hopes that the the need for pedestrian networks will be integrated into the planning process and the Subdivision Control process and the Plan Commission deliberations. He noted that a commitment to walkability is an important component of the plan and he hopes everyone realizes this is just one component of improving walkability and connectivity.

Commissioner Neustadt noted that there are many references to connectivity, and he suggested raising this at the DuPage Mayor and Managers Conference. There are interesting options in the plan and it can be used as a tool when considering street work. He noted that the plan has no budget attached to it, and it shows that the Village is bike friendly. He said that accepting this recommendation allows the Village to use this as a tool.

Commissioner Olsen said that accepting this plan allows the Village to use this as a guide as we think about making our community friendlier for pedestrians and bicylists. There are a lot of good ideas, such as beautifying informal pedestrian spaces. He also said that bike racks are important. People want the opportunity to ride a bike and walk, and he hopes the Village can move forward on this during the budget discussions. He also spoke about the recommendation on 55th & Main to remove lanes of traffic. He said he is concerned about this as well as removing the center turn lane on Fairview Avenue.

Commissioner Olsen stated that the Village should continue to accommodate vehicular traffic; however, on-street bicycle lanes are important. The plan is an important guide, and the Village wants to see all types of traffic move smoothly.

Commissioner Barnett said that he likes most of the recommendations. He wanted to talk about the process and timing. Council is currently discussing planning issues and he hopes the discussions related to roadways will incorporate street design for roadways that will include pedestrian and bike traffic. This is a live, current project and he doesn't like the idea of accepting this now because it sets up expectations. He would like to wait another couple of months. He noted that it does not have a budget with it, and he would like to sort through this as it relates to the Village's budget. He asked that they hold off for a while on this.

Commissioner Rheintgen said that pedestrian safety and crosswalk safety are important issues. The downtown would benefit from guide signs and count down signals. She also supports pedestrian refuge islands for major street crossings, rectangular rapid flash beacons and leading pedestrian intervals. She has similar concerns about taking away a lane on Fairview to make a bike lane. Many of these recommendations are tied into the concept of changing our right-of-way standards and sidewalk concepts discussed in long range planning. She feels there is a benefit to waiting until the long range plan is completed before accepting this.

Mayor Tully spoke about waiting to accept this. He has viewed this as a set of recommendations and sees this as a resource and a guide. It has many aspects beyond right-of-way standards, and he would like to have this tool available. The Mayor said he recommends accepting this, noting that they make it clear that it is a recommending document and a resource that can be used when the opportunity presents itself. He agrees that the Council has to manage expectations.

Commissioner Olsen referenced specific funding and dates outlined in the plan, agreeing that they do not want to set up false expectations. However, he also doesn't want this to go by the wayside.

Commissioner Durkin said that Main Street, south of 63rd Street to Robey Road is under reconstruction. In that section there is a major pedestrian crosswalk near South High School. He asked whether there were plans to put in a crossing with flashing lights at Main and Oxford.

Commissioner Barnett said he is concerned about setting expectations. He asked whether there is any reason they cannot take out some parts with respect to dates.

Commissioner Olsen noted that the only portion of the plan that sets specific dates is the Plan Implementation section, pages 43-46. The rest is recommendations in short, medium and long term.

Mr. Fieldman commented that perhaps staff could re-work some sections and describe how the plan will be used. They can remove specific dates.   Indexes: Bikeway Plan

RES 00-05301 C. Resolution: Approve Final Plat of Subdivision with Exceptions for 4101 Lindley Street and 913 40th Street 

Sponsors:Plan Commission and Community Development T om Dabareiner, Director, Community Development, said this is a final plat of subdivision to subdivide 50,000 square feet from three lots to two lots. He displayed the location and showed all three lots as currently configured. Lots 2 and 3 run through the structure. Mr. Dabareiner then showed the proposed lots saying they intend to reduce three buildable lots to two lots. The petitioner will demolish the house on 40th Street and rehab the house on Lindley. He indicated that the right-of-way width requirement is an exception from 70 feet to 66 feet. The Plan Commission met on this on July 1 and agreed unanimously to support it. Staff concurs with that decision.

John Frederick, 916 40th Street, said that the whole area floods. There has been talk to make that area a flood plain. Eight years ago a flag lot was approved and that is when flooding became a bigger problem. He said it would be better off being a retention pond.

Mayor Tully said that the proposal is to consolidate three lots into two lots. The next step might be construction but this is what is before the Council at this time.

Mr. Falesch spoke about his son's neighborhood. He said they have a septic system and the runoff has been increased due to three feet of fill on a neighbor's lot.

Commissioner Olsen said that would have to meet the DuPage County Stormwater requirements. Mr. Dabareiner noted that both properties would be subject to the stormwater ordinance compliance.

Mayor Tully asked whether there is a user-friendly summary of the County-wide Stormwater Ordinance available. Mr. Fieldman said that the subdivision is over one acre, so the Stormwater Ordinance compliance is required. He said that staff would check this information.

Commissioner Hosé commented that as currently configured, the properties could support another house. Therefore, reconfiguring the lots is probably more advantageous from a stormwater perspective.

Commissioner Rheintgen noted that because one lot is larger and one is smaller, that might be more advantageous for the residents.   Indexes: Subdivision, Subdivision - Maughan Resubdivision (40th & Lindley)

ORD 00-05299 D. Ordinance: Rezone Property Located at 2525 Indianapolis Avenue from R-1. Single Family Residence, to R-4, Single Family Residence

Sponsors:Community Development M r. Dabareiner noted that this is a rezoning from R-1 to R-4. He showed the location of the property and said it was part of a Village-wide annexation. All property enters the Village as R-1. There is a 40 foot front yard setback required in R-1 zoning districts versus 25 feet in R-4 districts. The Plan Commission considered this and they recommended approval of this request. Staff concurs with the Commissioner recommendation. Indexes: Rezone 2525 Indianapolis - R-1 to R-4

ORD 00-05303 E. Ordinance: Designate a Crosswalk at Brook Drive

Sponsors:Parking & Traffic Commission and Public Works N an Newlon, Director, Public Works, said she would present reports on the next three agenda items. They are all recommendations from the Transportation and Parking Commission (TAP).

Regarding Brook Drive, this ordinance would designate a north/south pedestrian crossing at Brook Drive, north of Butterfield. The crossing is at mid-block and Flavorchem is the petitioner. TAP voted in favor of this.

The next item concerns a 15-minute parking restriction on Burlington Avenue. Ms. Newlon explained that a 15-minute parking zone is proposed for Burlington Avenue to serve the bank, Caribou Coffee and other businesses. They have asked for this space and TAP recommended approval.

Ms. Newlon said the last item concerns a request that came from the DuPage Department of Transportation to restrict turns on Warrenville Road at Finley. The area creates a gridlock and delays. While this is not a long-term solution, they have requested the Village to implement these peak hour restrictions for the time being. TAP recommended approval.

Chris Saricks, 1116 61st Street, said he is a member of the Transportation and Parking Commission but that he was not serving as a spokesperson. He merely wanted to explain that, in regard to Item G, the Commission viewed this action as an interim solution. They also felt that additional signage was needed west of Cross.

Commissioner Barnett asked about the Brook Drive crosswalk, and Ms. Newlon replied that Public Works will do the striping and signage, and commented on the sidewalk continuity. As for the 15-minute parking zones downtown, Ms. Newlon said they are striped green. In further response to Commissioner Barnett regarding a long-term solution on Warrenville Road, Ms. Newlon said she believes the County will do a complete study there.

Commissioner Olsen noted that it is important to have signage further west.

Commissioner Neustadt asked whether they have experienced issues with 15-minute parking spaces in terms of ticketing.

Commissioner Durkin commented on Brook Drive saying it is a great public/private partnership, and asked whether it is a pedestrian only crossing, or if it will be used for transporting materials. He also asked about enforcement of 15-minute parking zoned.

Mr. Fieldman said that staff would obtain enforcement information.

Commissioner Hosé expressed similar concerns about Cross, Warrenville and Finley, saying that this is not a permanent solution. Indexes: Crosswalks

ORD 00-05304 F. Ordinance: Establish a Fifteen Minute Parking Zone on Burlington Avenue

Sponsors:Transportation and Parking Commission and Public Works Indexes: Parking Zones

ORD 00-05305 G. Ordinance: Restrict Turns on Warrenville Road

Sponsors:Transportation and Parking Commission and Public Works Indexes: Turning Restrictions

10. Mayor's Report

Materials to be Placed on File

11. Manager's Report

Mr. Fieldman asked Deputy Village Manager Mike Baker to present a budget report regarding the first half of FY 13 and the overall general performance.

Mr. Baker said revenue exceeded expectations by $630,000 as a result of building permits, income and sales tax. He said that the Village has spent almost $20 million and has exceeded projections by $90,000 due to unexpected flood expenses.

Commissioner Durkin asked whether they could take a portion of the flood expenses out of the stormwater utility fund.

Mr. Fieldman said that many of the expenses related to the flood are operational issues. We will take a look at this.

Commissioner Durkin said but for the flood we would not have had those expenses so he does not see why that cannot be done. He asked for a response to this.

Mayor Tully said that the Stormwater Utility Fund is run like an enterprise fund where dollars are applied to that particular use, so we have to be careful not to set precedent. He asked what the Village received from FEMA. Mr. Fieldman said that has not been closed out yet. Final decisions have not been made. Staff anticipates receiving 75% of $135,000.

Commissioner Barnett cautioned against using the Stormwater Utility fund. He said he would prefer making budget amendments.

12. Attorney's Report

Village Attorney Enza Petrarca said she was presenting five (5) items to Council: 1) 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 2525 Indianapolis Avenue; 2) An ordinance restricting turns on Warrenville Road; 3) An ordinance designating a crosswalk at Brook Drive; 4) An ordinance establishing a fifteen minute parking zone on Burlington Avenue; and 5) An ordinance proposing the establishment of Special Service Area Number 6 in the Village of Downers Grove, Illinois and providing for a public hearing and other procedures in connection therewith.

Future Active Agenda

13. Council Member New Business

14. Adjournment

Commissioner Neustadt moved to convene into Executive Session pursuant to the Sections 2(c)2, 2(c)11 and 2(c)5 of the Open Meetings Act to consider collective negotiating matters, litigation and the purchase of property. Commissioner Durkin seconded the motion.

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

Mayor Tully declared the motion carried and the Council convened into Executive Session at 9:14 p.m.