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November 03, 2009

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 Bob Barnett, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Bruce E. Beckman, Commissioner Geoff Neustadt and Mayor Ron Sandack Absent: Commissioner Marilyn Schnell Non Voting: Village Manager David Fieldman, Village Attorney Enza Petrarca and Village Clerk April Holden 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

Executive Session Minutes for Approval Only – October 6, 2009 Council Meeting – October 20, 2009 Budget Workshop – October 20, 2009 Workshop Meeting – October 27, 2009 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

Capital Projects Update

Stan Balicki, Assistant Director,, Public Works, said that staff is wrapping up a very wet October. It was the eighth wettest on record for the Chicago area and affected operations and projects. He noted that the WeatherBug site at Whittier School is being used by Public Works, and there will be a link to that site on the Village’s website. Mr. Balicki then reported on new water conservation efforts that were spearheaded by the DuPage Water Commission as part of a water conservation protection program. Their slogan is “Preserving Every Drop.” The goal is to convey the idea that water is a finite resource. It is a reflection of the Water Commission’s stewardship and long-term planning. The goal of the project over the next ten years is to reduce the water consumption by 10% on a per capita basis, which is a lofty goal. He said the Village will work on leak detection repair, rain gauges, landscape irrigation, rain barrels and advantages of rail barrels as they relate to storm water and conservation. He noted that there is a rain barrel at Public Works. The Commission will use existing community outlets, as well as seek out people who want to be part of the conservation efforts.

Commissioner Neustadt noted that there is a house on Thornwood with private storm water detention facilities.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Chris Salman commented on last week’s Workshop discussion regarding the property at 5114 Main Street. He said no work has started on that site yet. He wanted to clarify that misunderstanding.

B. Comments and Questions on General Matters

1. Greg Stolzer, Counselor, and Kevin Leslie, Social Worker, North High School, commented on the proposed budget cuts. Mr. Stolzer noted the importance of the Counseling and Social Services Department (CSS) for residents, saying that the staff at North High works to support students, but there are some situations that involve families and staff has to seek referral sources. CSS is the main referral for those families who lack resources. In the last year, they have seen the results of economic strain on families. In 2008, North had an enrollment of 2,160 students, of which 201 were on free or reduced lunch status. In 2009, the enrollment is 2,140 with 316 students need subsidized lunches. Over the last five years, they have referred 850 families to CSS .

Mr. Leslie spoke of the services with which he is involved, such as smoking cessation. They seek to provide an alternative to suspension and encourage students to go for counseling. Their primary referral is CSS and they look at the prevention aspect of the program. He said that they would like to see that service continue. In addition, he works with the DARE program which is very strong, comprehensive and unique. High school students work with the DARE officers, and visit elementary students, hold lock-ins and counsel the 6th graders. The Snow Flake program is available for middle school students. He encouraged the Village to keep these programs alive in the community.

2. Greg Hose, 445 Austin, spoke in support of those opposing cuts to the taxi subsidy program and the Meals on Wheels program. His grandfather could not drive for the last ten years of his life, however, he had family and friends who were able to get him out and about. Mr. Hose said he thinks of those other people who do not have someone to help them, and he hopes that people can continue to purchase 100 coupons per month rather than 60. The Meals on Wheels program helps people get their meals and he hopes this can also be continued. The Police and Fire departments do an excellent job in the Village, but there is value in local governments doing more than providing police and fire service. He noted that Downers Grove is a compassionate community.

3. Tammy Karam, 3949 Venard, said that CSS provides numerous services including helping with bills, providing help in doing chores, referrals to appropriate sources for those who have lost their jobs, printing a senior booklet, and helping the Police Department with referrals. A larger strain will be placed on the Police Department even though they may suffer personnel losses. She understands the need for sustainability. If CSS is lost, the Village would keep the building and that still has to be maintained. She then noted for public information that Douglas Main Pharmacy makes free deliveries to those in need and takes every type of insurance.

4. Norm Frees, 1431 Coral Berry, commented on the DARE program. He applauded the Village on the job it has done so far in identifying core services. The DARE program is listed as a secondary service; however, there are unintended consequences if this program is lost. The two police officers work eight months at the school, and four months at the Police Department. The loss would affect DUIs, etc. Traffic and safety officers do more than traffic and safety. This would result in a reduction in the force, especially in the summer months. He asked that the Council keep the DARE program.

5. Public Hearings

2010 Budget and Proposed Five-Year Financial Plan Mayor Sandack called the public hearing to order at 7:30 p.m. to consider the proposed FY 2010 Budget and Proposed Five-Year Financial Plan. Notice of this hearing was published in the Downers Grove Reporter on October 21, 2009 and a certificate of publication is made a part of these proceedings. He then summarized the procedures to be followed for the Public Hearing.

Village Manager Dave Fieldman said the Village has been in budget discussions for many months. There will be many more opportunities for public comments. This public hearing is a statutorily required hearing. Mr. Fieldman said that the Village is trying to close a $4.5 million gap between revenue and expenses by initiating $2 million in expense reductions, $1.5 million in revenue enhancements, and $1million use of reserves. The information is available on the Village’s website.

The Mayor reiterated that this is a statutory requirement. There have been opportunities for public discussion and there will be more. Council members have received e-mails, letters and comments, and there will be more opportunities for people to speak. There will be a budget meeting held after tonight’s Council meeting.

Commissioner Waldack clarified when the Council is required to set the maximum on the tax levy. He said the tax levy will be presented at the November 10 Workshop and adopted at the November 17 Council meeting, which will authorize the maximum tax levy.

The Manager corrected that the actual levy is voted upon in December. The estimated levy is discussed in November.

Mayor Sandack noted receipt of comments submitted by Dave Humphreys regarding the Community Grants budget.

There being no further questions or discussion, Mayor Sandack closed the public hearing at 7:35 p.m.

6. Consent Agenda

COR00 -03926 A. Claim Ordinance: No. 5819, Payroll, October 23, 2009 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -03927 B. List of Bills Payable: No. 5972, November 3, 2009 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -03930 C. Bid: Award $299,470 to Sentinel Technologies, Downers Grove, IL, for Purchase, Installation and Maintenance of a Cisco Voice over Internet Protocol (VoIP) Telephone System Sponsors: Information Services and Technology Commission A motion was made to Approve this file on the Consent Agenda. Indexes: Telephone System

MOT00 -03931 D. Motion: Authorize a Change Order for $23,705.91 to Naperville Excavating, Inc. for McCollum Park Stormwater Improvement Project (SW-034). Sponsors: Public Works Summary of Item: This authorizes execution of Change Order #2 in the amount of $23,705.91 to Naperville Excavating and extneds the contract to November 27, 2009 for the McCollum Park Stormwater Improvement Project (SW-034). A motion was made to Authorize this file on the Consent Agenda. Indexes: Stormwater Sewer Watershed Improvement Plans, Watershed Infrastructure Improvement Plan, Stormwater Improvements, McCollum Park

MOT00 -03932 E. Motion: Authorize a Change Order for $41,727.96 to Copenhaver Construction, Inc., Gilberts, IL, for the Washington Park Stormwater Improvement Project (SW-042) Sponsors: Public Works Summary of Item: This authorizes a change order in the amount of $41,727.96 to Copenhaver Construction for the Washington Park Stormwater Improvement Project (SW-042). A motion was made to Authorize this file on the Consent Agenda. Indexes: Park District, Stormwater Sewer Watershed Improvement Plans, Watershed Infrastructure Improvement Plan, Stormwater Improvements, Washington Park

MOT00 -03938 F. Motion: Receipt of Minutes of Boards and Commissions Summary of Item: Library Board – October 14, 2009 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 Barnett, seconded by Commissioner Beckman, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack

7. Active Agenda

MOT00 -03928 A. Motion: Award $15,000 Facade Improvement Grant for 5128-5130 Main Street Sponsors: Community Development Summary of Item: This authorizes the award of a Facade Improvement Grant in the amount of $15,000.00 for 5128-5130 Main Street. A motion was made by Commissioner Barnett, seconded by Commissioner Beckman, to Award this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Facade Improvement Grant

BID00 -03929 B. Bid: Award a Contract for Banking Services and Lockbox Operations to Charter One Bank Sponsors: Finance Summary of Item: This agreement has an intial term of three years (2010-2013) with two one-year renewals. The estimated cost for FY10 is $21,000. Commissioner Durkin read a statement recusing himself from all discussions and votes related to the Village’s banking services or lockbox operations. He said he is an employee of Charter One Bank. He does not own any shares in Charter One Bank, does not stand to gain financially from any potential agreement with the Village, and has not been and will not be involved as a Charter One employee in any Village business. He said he has specifically stayed out of all aspects of this potential arrangement and will continue to do so in order to avoid the mere perception of any undue influence, of which there is none. A motion was made by Commissioner Beckman, seconded by Commissioner Waldack, to Approve this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Barnett, Commissioner Waldack, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Abstain: Commissioner Durkin Indexes: Banking Services

ORD00 -03933 C. Ordinance: Amend Liquor License Classifications Sponsors: Liquor Commission Summary of Item: This amends license classifications, fines issued to servers and creates an entertainment/restaurant facility license classification.

AN ORDINANCE AMENDING LIQUOR LICENSE CLASSIFICATIONS

ORDINANCE NO . 5089 Commissioner Waldack said he had many concerns about this classification. He thanked the Legal Department for making amendments to the ordinance with respect to the word “restaurant.” He had misgivings about the type of license and the additional stress it might put on the Police Department. He suggested an addition to the liquor tax to help ameliorate the additional work. With respect to this classification, he will support the ordinance.

Mayor Sandack said the classification is on the books only, and it does not apply to any particular applicant. A motion was made by Commissioner Durkin, seconded by Commissioner Waldack, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Liquor Ordinance Amendments

ORD00 -03934 D. Ordinance: Vacate a Certain Portion of a Right-of-Way Located Adjacent to 4832 and 4838 Douglas Road Sponsors: Community Development and Plan Commission Summary of Item: This vacates a 14-foot wide by 125-foot long right-of-way running east and west adjacent to the properties commonly known as 4832 and 4838 Douglas Road.

AN ORDINANCE VACATING A CERTAIN PORTION OF A RIGHT -OF-WAY LOCATED ADJACENT TO 4832 AND 4838 DOUGLAS ROAD IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 5090 A motion was made by Commissioner Waldack, seconded by Commissioner Neustadt, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Vacation – 4832-4838 Douglas Road

ORD00 -03935 E. Ordinance: Authorize a Special Use to Permit a Second Floor Residential Unit in the Downtown Business District Sponsors: Community Development and Plan Commission Summary of Item: This authorizes a special use for 5114 Main Street to authorize a second floor residential unit in the downtown business district.

AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SECOND FLOOR RESIDENTIAL UNIT IN THE DOWNTOWN BUSINESS DISTRICT

ORDINANCE NO . 5091 Commissioner Beckman said he appreciates the additional information staff provided regarding the outdoor deck. He supports this Motion. A motion was made by Commissioner Neustadt, seconded by Commissioner Barnett, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Special Use – 5114 Main Street

ORD00 -03936 F. Ordinance: Amend B-2 District Special Uses Sponsors: Plan Commission and Community Development Summary of Item: This permits animal kennels in the B-2 General Retail Business District.

AN ORDINANCE AMENDING B -2 DISTRICT SPECIAL USES

ORDINANCE NO . 5092 Commissioner Waldack said he had concerns about noise in relation to this and the next item related to dog kennels and potential negative influence on propety values, but he now thinks this is appropriate in this location provided there are protections regarding outdoor kennels. He will support the text amendment and the special use. A motion was made by Commissioner Barnett, seconded by Commissioner Beckman, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Zoning Ordinance, Zoning Ordinance – Special Use

ORD00 -03937 G. Ordinance: Authorize a Special Use for 2151 63rd Street to Permit an Animal Kennel Sponsors: Community Development and Plan Commission Summary of Item: This authorizes a special use for 2151 63rd Street to permit an animal kennel.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 2151 63RD STREET TO PERMIT AN ANIMAL KENNEL

ORDINANCE NO . 5093 A motion was made by Commissioner Beckman, seconded by Commissioner Durkin, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Special Use – 63rd Street – Meadowbrook Shopping Center

8. Mayor’s Report

New Business

RES00 -03939 Resolution: Appoint and Reappoint Members to Boards and Commissions Sponsors: Mayor Summary of Item: This appoints and reappoints members to Village Boards and Commissions

TECHNOLOGY COMMISSION

Reappoint Mark Grippando and Robert Blair-Smith to three-year terms expiring August 31, 2012 Appoint Grant Davis and Scott Theisen to two-year terms expiring August 31, 2011

Resolution 2009-100 The Mayor asked the Village Clerk to read the resolution.

Mayor Sandack thanked those who seek to serve, those who serve and those who have served. They make the Village a better place. A motion was made by Commissioner Barnett, seconded by Commissioner Beckman, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Barnett, 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

Police Chief Bob Porter stated that last Wednesday he alerted the community to residential burglaries through the community-wide notification network. He said the Department received thousands of phone calls in this regard and the police identified a core group of individuals today from another community that they feel is largely responsible for the burglaries. The Police are in the process of pressing charges. He encouraged the community, as we move into the holiday season, to watch out for their neighbors and call 911 if they see something suspicious. He referenced the community-wide notification system as a great tool.

The Mayor responded that he appreciated the efforts of the Police. The message was an important one and an important use of the community-wide notification network.

Deputy Village Manager Mike Baker said that the Village received word from its solid waste provider that not all yard waste was picked up today due to the heavy volume of leaf pick up. They will pick up the remaining leaf bags tomorrow in compliance with their contract.

10. Attorney’s Report

Future Active Agenda

11.Council Member Reports and New Business

Commissioner Waldack made an appeal to the public, saying the Village has tried to be very transparent in its business. We are on track to receive as many as 1,000 FOIA requests this year. A decade ago it would have cost approximately $90 an hour to do this work. Today that equates to $100,000 or more. He is not asking that people stop making FOIA requests; however, he asked residents to consider the reasons for their requests and to consider the costs involved before making their requests. He noted that some of the information could be found on the Village website.

Commissioner Waldack then commented to staff regarding a message about coyotes in the area. He doesn’t think the Village has done much to address the problem, and he thinks the Village needs cooperation to address the problem. He suggested referring the matter to the Environmental Concerns Commission (ECC), and to work intergovernmentally through the DuPage Mayors and Managers Commission.

The Mayor said the Village has talked about the coyote population and will look at it again. The Village is not physically or financially equipped to deal with it. He thinks it would be fine to refer it to the ECC .

Commissioner Durkin announced the Indian Boundary YMCA “Experience the Magic” fund-raising event on November 4, which will benefit the local YMCA . He then mentioned that the Downtown Management Corporation is having its first Gingerbread House contest to lead into the holiday season. There are two divisions of entry – family members and business division. The first prize in each category will receive a $100 gift certificate for the downtown business area. Information can be obtained at downtowndg.org.

Commissioner Neustadt announced “It’s a Wonderful Weekend” in Downers Grove on Thanksgiving weekend, November 27 through 29. It will include the tree lighting ceremony, the Santa Parade, the cookie walk and shopping in the local business community.

Commissioner Beckman referenced raking leaves into the gutters. He said this damages and clogs the infrastructure of our storm sewers in a rain event. The unintended consequences can be serious. He urged everyone to bag their leaves.

Commissioner Beckman said that Downers Grove was highlighted in the latest edition of West Suburban Living.

The Mayor said the Village has an ordinance prohibiting people from putting leaves in the streets. He suggested thinking about severe penalties for doing this. We are putting in systems to move water away from homes and leaves in the street work against this effort.

12. Adjournment

Commissioner Beckman moved to adjourn. Commissioner Neustadt seconded the Motion. Mayor Sandack declared the Motion carried by voice vote and the meeting adjourned at 8:00 p.m.