Minutes Archive

May 13, 2014

1. Call to Order

Commissioner Neustadt noted that due to problems on the Metra train line, Mayor Tully has been delayed and should arrive shortly. Mayor pro tem Neustadt 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 pro tem Neustadt 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 M ayor Tully arrived at 7:20 p.m.

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 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 Neustadt 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 - May 6, 2014 M ayor pro tem Neustadt asked for a Motion to approve the minutes as submitted.

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

The Mayor declared the Motion carried by voice vote.

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

There were no public comments.

5. Council Member Reports

Commissioner Barnett announced that on Friday, May 16, the Summer Nights Classic Car Show will begin again in Downers Grove, and reminded everyone that it is a great way to spend a Friday evening.
Commissioner Olsen noted that two 5K races will be held in Downers Grove this weekend. The first is on Saturday at McCollum Park, 7:30 a.m. in a Run for Rwanda. On Sunday, May 19, at O'Neill Middle School, there will be a 5K race for Noah's Hope Run for Hope, which is a local organization working toward finding a cure for Batten Disease.
Commissioner Hosé announced the upcoming Downers Grove Junior Woman's Club Golf Scramble, saying more information could be found on the Woman's club website.
Commissioner Rheintgen encouraged people to register to participate in the Village's annual July 4th parade. They are looking for more groups to participate.
Commissioner Durkin asked why the Council is adjourning tonight to go to the Committee Room for the discussion on Ogden Avenue sidewalks. Village Manager Dave Fieldman replied that at the request of the Council, a more intimate environment has been created for informal discussion in the Committee Room, and enhancements have been made so that the meeting will be streamed live to Channel 6.
Commissioner Barnett clarified that the Downers Grove Junior Woman's Club website is www.dgjwc.org, for more information about their upcoming Golf Scramble.
Commissioner Neustadt announced that on Thursday, May 15 at 1:00 p.m., the Downers Grove Police Department will hold a memorial service for Officer Richard Barth in Patriots' Park at Barth Pond. This is the 40th anniversary of Officer Barth's death and is a very moving ceremony. He referred people to the Village's website for alternate plans in the even of inclement weather.

6. Public Hearings

Annexation Agreement - 5850 Janes Avenue M ayor Neustadt called the public hearing to order at 7:12 p.m. to consider a proposed annexation agreement for the property located at 5850 Janes Avenue. Notice of this hearing was published in the Downers Grove Suburban Life on April 23, 2014.

The Mayor summarized the procedures to be followed for the public hearing. He called upon Village Manager Dave Fieldman to introduce the item.

Mr. Fieldman said the Director of Community Development and Planning, Tom Dabareiner, will introduce the item, and explain the reason for the public hearing. He noted that this hearing will also serve as the discussion for Item 9-A, a resolution approving final plat of subdivision with exceptions for 5850 Janes, under the First Reading.

Mr. Dabareiner explained that a resolution has been prepared for a voluntary annexation agreement for 5850 Janes Avenue, and staff has prepared a resolution for a final plat of subdivision for five new lots in unincorporated Downers Grove. Mr. Dabareiner showed the approximate location of the site. The site is about two acres in size. He pointed out 59th Street and Janes Avenue, which do not connect. The proposal is to have them connect. He explained that the blue dotted line is the location of the boundary line between Downers Grove and Woodridge. A good portion of existing 59th up to the property is in the Village of Woodridge, with the remaining area in Lisle Township. Mr. Dabareiner noted that the subject house received water service, and this Agreement will extend water service to all five properties. He noted a 5' sidewalk along the south side of the site. He said that the developer will pay a fee in lieu of the parkway trees, and construct a barrier at the intersection.

Mr. Dabareiner then listed key points concerning this matter. The property is unincorporated and is within the Village's ultimate boundary, which is based on the intergovernmental boundary agreement between the Village and Woodridge. The subdivision rights are granted to the Village in state law due to its proximity to the Village. The existing 59th Street right-of-way and the road is in Woodridge. Lisle Township maintains Janes Avenue and a portion of 59th Street. Mr. Dabareiner stated that the existing home is connected to Village water, and the developer wants all proposed five homes to be connected to Village water. He was that the water connection requires the pre-annexation agreement. The existing home and structures will be demolished and five new lots will be planned out to meet required lot dimensions. He added that the streets are proposed to connect with the barrier. Mr. Dabareiner noted that the plan complies with the Village Comprehensive Plan.

Mr. Fieldman said that the annexation agreement will allow the water connection, and requires the owners and future owners to participate in any annexation initiative in the future. He pointed out that the Village is not allowed to annex the property under current Illinois law.

Mayor Tully opened questions from the Village Council. There were none. He then called upon the public to make comments regarding this Public Hearing.

Charles Scouten, 5939 Janes Avenue, said that Janes is a narrow street and fits the classification of an estate neighborhood, with all of the homes built on large lots. Estate neighborhoods are supposed to protect the character of the neighborhood. He said that the road is narrow and safety of children is an issue for children from 59th, Janes, and other directions. Janes and College Road is where the children meet the school bus. There are no sidewalks and children play on the streets on the weekends. Mr. Scouten said that he has petitions signed by every resident on that two-block strip of Janes, and no one wants this to happen. Residents from other streets have also signed. The proposed road will be built, and then a barrier will be put on it. That is lunacy. No one believes the barrier will be permanent. The only movement will be to go to College Road. This shouldn't happen. The community is united. He said that the proposed development can take place but they must leave 59th Street alone and not put a road through.

Gennadiy Lukhanin said he lives in the area and built the house because it is a quiet street where the kids could play in the neighborhood. He is opposed to opening a patch at 59th and Janes because it is too narrow. Mr. Lukhanin said that this is a recipe for disaster as two cars and kids would be on the street at the same time. There are no sidewalks. This proposal will confuse the traffic pattern and opening the road will not be beneficial. Nothing worries him more than the safety of his kids and his neighbors' kids. He reiterated that the neighbors support the idea of keeping the road closed to maintain the current state of the road. He asked what would be gained by opening the road. If there is no gain, keep it closed.

Deborah Scouten, 5939 Janes, commented that if the neighbors knew about this meeting, they would have all been in attendance. She asked the Council to think about what is being said, and give her neighbors a chance to voice their concerns. There are people who live on Elinor who are concerned about their water issues, and they would have attended as well. She then asked a few questions, the first of which was whether anyone on the Council has visited the area. Mayor Tully said at some point they have. Ms. Scouten said if anyone has talked to the residents or seen the street at 3:00 p.m. when schools are letting out. She said that an appropriate decision cannot be made without seeing the neighborhood at that time. She then asked why the Village wants to annex five houses. She thinks it is to put a road in at 59th Street. If the Village wants to do that will they also be installing sidewalks on Janes Avenue to keep the children safe? She urged the Council to wait until they talk with other neighbors before they make a decision.

Mayor Tully said that this is an opportunity to hear from the public. He asked when this would appear on an Agenda. Mr. Fieldman replied that it would be on next week's Agenda.

Charles Clarke, Lisle Township Highway Commissioner, said that at first the barrier they discussed seemed like a good idea; however, upon further review, the Highway Commissioner's office would prefer a cul de sac to be placed at that location.

There being no further comments, Mayor Tully adjourned the Public Hearing at 7:36 p.m. stating that this request is scheduled for action on May 20.

7. Consent Agenda

BIL 00-05576 A. List of Bills Payable: No. 6118, May 13, 2014

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

MOT 00-05577 B. Approve the FY 14-15 Budget for the Downers Grove Downtown Management Corporation

Sponsors: Deputy Village Manager A motion was made to Approve this file on the Consent Agenda. Indexes: Downtown Management Corporation

BID 00-05582 C. Bid: Award $113,610 to Globe Construction, Inc., Addison, IL, for Concrete Flatwork

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Sidewalk Improvements 2014

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 00-05570 A. Ordinance: Amend the Liquor Control Ordinance Concerning Charitable Games

Sponsors: Liquor Commission

Summary of Item: This amends certain liquor license provisions concerning charitable games.

AN ORDINANCE AMENDING THE LIQUOR CONTROL ORDINANCE CONCERNING CHARITABLE GAMES

ORDINANCE NO. 5385 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: Liquor Ordinance Amendments

ORD 00-05565 B. Ordinance: Rezone Property Located at 4837 Drendel Road from R-1, Single Family Residence, to R-4, Single Family Residence