December 04, 2007

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 Martin Tully, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Bruce E. Beckman, Commissioner Geoff Neustadt and Mayor Ron Sandack Non Voting: Village Manager Cara Pavlicek, 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

Council Meeting – November 20, 2007 Workshop Meeting – November 27, 2007 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

Bi-Weekly Update – Fire Station 2 Construction

Ed Disler, Owner’s Representative, reported on the construction of Fire Station 2, saying that they have reached a milestone in that the masonry bearing has been completed to a point and they are awaiting better weather to complete the masonry. He showed photographs of the ongoing construction. They expect to complete roofing, gutters and downspouts within 1-1/2 weeks. They are looking forward to having a completely watertight building within 3-4 weeks. He stated that the second floor of the south pod is 50% complete, and they are on schedule at this time. Mr. Disler indicated that they need to increase the quality control and testing on the masonry work, which they expect to be slightly over budget. In response to Commissioner Durkin, Mr. Durkin said that the masonry will be completed. The important thing is to be able to enclose the building.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Dr. Gordon Goodman, 5834 Middaugh, said he was pleased to see acceptance of the Strategic Planning Document on the agenda. In regard to FY08 budget ordinance, Dr. Goodman said that he has been working with the Blodgett House project, and they had two requests-one for a $25,000 direct line item in support of the project, and to support the participation in the pre-concert Heritage Festival concert. He understands that the direct support is not appropriate, but the Council does encourage them to participate in the Heritage Festival concert and seek future support through the Community Grants program. Dr. Goodman said he attended the Community Grants meeting on Saturday. There is still an important step for the Council to take with regard to the administering of the pre-concert theme. He supports emphasizing the heritage portion of the concert and urged the Council to set the policy in December or January so they can move ahead. If the Community Grants Commission administers this event, they will need the criteria as to what is a suitable application. Dr. Goodman then said that they have a new request. One of the reasons they requested a line item in the budget was that they felt saving the Blodgett House was a community activity and with Village support they would be able to seek corporate funding. He asked that the Council consider a Resolution of Support to save Blodgett House, since the Park District has already agreed to provide a site for the Blodgett House move. A Proclamation or Resolution would be helpful to them in getting funding from other sources.

B. Comments and Questions on General Matters

There were none.

5. Public Hearings

Tax Levy 2007 Home Rule Sales Tax Tax Levy 2007

The Mayor called the public hearing to order at 7:10 p.m. pursuant to the Illinois Truth in Taxation Law to consider the proposed 2007 tax levy of the Village of Downers Grove. Notice of this hearing was published in the Downers Grove Reporter and a copy of the notice and the proof of publication have been presented and are made a part of the official record of this hearing. He then reviewed the procedures to be followed for the public hearing.

Village Manager Cara Pavlicek said the proposed tax levy is estimated to be $18,761,264. A total of $3,192,526 is recommended to be abated (not collected), making the total levy $15,568,738 for both the Village and the Public Library. The Village’s share of the levy is $11,148,402; the Library’s share is $4,330,926; and Special Service Areas 2 and 3 account for less than $250,000.

Commissioner Schnell asked about the levy for Special Service Area 1, Brick Streets.

Village Attorney Enza Petrarca said there is no levy for 2007 for Special Service Area 1.

Commissioner Tully said there have been a number of meetings about the budget. It has been discussed for a considerable period of time. This is an opportunity to hear from the community.

The Mayor said that with the realignment of the budget to the calendar year, the budget and the tax levy coalesce.

There being no further discussion, the public hearing was adjourned at 7:16 p.m.

Home Rule Sales Tax

Mayor Sandack called the public hearing to order at 7:16 p.m. to consider the proposed amendment to the Home Rule Sales Tax ordinance. Notice of this hearing was published in the Downers Grove Reporter. He then reviewed the procedures to be followed for the public hearing.

The Manager summarized the Home Rule Sales Tax, saying staff proposes a 1/4 cent increase in the Home Rule Sales Tax, which would move the sales tax rate from 7.25% to 7.50%. She noted that 11 municipalities in DuPage County are at a higher rate, five are lower and two are at 7.5%.

The Manager said 1/2 cent of Home Rule Sales Tax generates $4,600,000; therefore, with a 1/4 cent increase it is expected that $2,300,000 will be generated. The ordinance includes language dedicating the increase in the Home Rule Sales Tax revenue to the Stormwater Improvement Fund to be used for stormwater-related projects and maintenance costs. The tax would sunset at the end of the debt service. She noted that the Home Rule Sales Tax does not apply to vehicle, qualifying food/drug and medical appliance purchases.

Commissioner Schnell referenced an article in the newspaper indicating the Village would spend $4 million on stormwater projects. She corrected this information and said the $4 million is for the debt service. Much more will be spent on stormwater projects.

The Manager said the strategy adopted by the Council will be for three bond issuances. The goal is to complete infrastructure improvements in ten years.

The Home Rule Sales Tax ordinance is to be presented at the Council meeting on December 18, 2007.

Commissioner Tully said the article made it appear that the Village would borrow $4 million. That is the debt service. The Village will borrow approximately $70 million with a $4 million debt service.

Laura Crawford, President and CEO , Downers Grove Area Chamber of Commerce and Industry, addressed the Council. She introduced Linda Kunze of the Downtown Management Corporation and Greg Bedalov of the Economic Development Corporation. She said members of the three organizations have attended several meetings with taxing bodies at which time plans and options were reviewed regarding home rule sales tax, stormwater management, infrastructure improvements and property tax increases. She read a joint message into the record.

Ms. Crawford said an increase in home rule sales tax will most likely be viewed as detrimental to the business community; however, based on information provided by the Village, the Boards believe the Village has an immediate need to address infrastructure with a long-term solution. Because of that, the Boards have voted to support a segregated infrastructure fund supported by a maximum 1/4% home rule sales tax increase. They believe these funds should relate only to rebuilding the Village’s infrastructure as identified in its current Watershed Improvement Plan. Ms. Crawford requested that, if plans change, those changes and any additional revenue sources be evaluated separately from the matters currently under consideration. Further, she suggested that the sunset provisions be included in the ordinance.

Ms. Crawford commended the Village for maintaining a competitive tax rate. She said any increase greater than 1/4% would place the Village at a competitive disadvantage with our neighbors to the south and west. She also commended the Village for considering a Stormwater Impact fee and encouraged the Village to pursue this option as soon as possible.

The Mayor thanked the Board members for being active participants in the process.

Commissioner Tully said he appreciates the cooperative environment in which this recommendation was made. He asked Ms. Crawford if, by Stormwater Impact fees, she means stormwater utility.

Ms. Crawford said she did and further suggested a credit for those businesses that have taken steps to reduce stormwater.

There being no further discussion, the public hearing was adjourned at 7:27 p.m.

6. Consent Agenda

Commissioner Tully moved to remove item J., MOT 00 -03069, a motion to accept strategic planning documents prepared by Lyle Sumek Associates, Inc. from the Consent Agenda for separate consideration. Commissioner Durkin seconded the Motion.

VOTE : YEA – Commissioner Tully, Durkin, Beckman, Neustadt, Waldack, Schnell; Mayor Sandack

COR00 -03080 A. Claim Ordinance: No 5719, Payroll, November 23, 2007 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -03081 B. List of Bills Payable: No. 5700, December 4, 2007 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

MOT00 -03083 C. Motion: Authorize a Letter from Mayor Sandack re: Proposed County Stormwater Ordinance Amendments for Best Management Practices Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: DuPage County, Stormwater and Flood Plain Ordinance

RES00 -03084 D. Resolution: Adopt the DuPage County Natural Hazards Mitigation Plan Sponsors: Manager’s Office Summary of Item: A RESOLUTION ADOPTING THE DUPAGE COUNTY NATURAL HAZARDS MITIGATION PLAN

RESOLUTION 2007 -127 A motion was made to Pass this file on the Consent Agenda. Indexes: DuPage County

RES00 -03085 E. Resolution: Authorize an Intergovernmental Agreement with the Illinois Department of Transportation for the Central Corridor Bikeway Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE CENTRAL CORRIDOR BIKEWAY

RESOLUTION 2007 -128 A motion was made to Pass this file on the Consent Agenda. Indexes: Bikeway Plan, Illinois Department of Transportation

MOT00 -03087 F. Motion: Approve Computer Purchase from Dell, Inc., in an Amount Not-to-Exceed $57,841.70 Sponsors: Information Services A motion was made to Award this file on the Consent Agenda. Indexes: Computers

MOT00 -03088 G. Motion: Approve a Proposal from Fulton Technologies, Roselle, IL, for $33,100 for Purchase of Telemetry System for Outdoor Warning Sirens Sponsors: Police Department A motion was made to Award this file on the Consent Agenda. Indexes: VOC, Police Equipment

MOT00 -03089 H. Motion: Approve Purchase of a Motorola Base Station Transmitter/Receiver and Three Motorola Remote Receivers Sponsors: Fire Department Summary of Item: This is phase one of a three phase implementation of a new fire communications channel/frequency system. The cost for phase one is $21,457.62. A motion was made to Award this file on the Consent Agenda. Indexes: Fire Communications Network

RES00 -03090 I. Resolution: Amend the Downers Grove Compensation Plan by Adopting a Revised Plan Effective January 1, 2008 Sponsors: Manager’s Office Summary of Item: A RESOLUTION AMENDING THE DOWNERS GROVE COMPENSATION PLAN BY ADOPTING A REVISED PLAN EFFECTIVE JANUARY 1 , 2008

RESOLUTION 2007 -129 A motion was made to Pass this file on the Consent Agenda. Indexes: Compensation Plan

MOT00 -03098 K. Motion: Note Receipt of Minutes of Boards and Commissions Summary of Item: Library Board – November 14, 2007 Liquor Commission – November 1, 2007 A motion was made to Award this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

The Consent Agenda was passed as amended. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack

7. Active Agenda

MOT00 -03069 J. Motion: Accept Strategic Planning Documents Prepared by Lyle Sumek Associates, Inc. Sponsors: Manager’s Office Summary of Item: This accepts and files the strategic planning documents prepared by Lyle Sumek Associates, Inc. Commissioner Tully moved to accept the strategic planning documents prepared by Lyle Sumek Associates, Inc., as presented. Commissioner Durkin seconded the Motion.

Commissioner Waldack said he appreciated the Council’s willingness to move this from the Consent to the Active agenda. He is concerned about addressing employees in the strategic plan. He referenced Principle 1 of the Village’s Mission, “Exceptional Municipal Services.” He said he appreciates staff’s work on the wording and suggested the following: “Creating a positive work environment to support our employees.” He then made a motion to amend the strategic plan to add item 3 to Principle 1 as previously stated. Commission Schnell seconded the Motion.

The Mayor called for discussion on the Motion to amend.

Commissioner Schnell said this is a great addition to the strategic plan.

The Mayor asked for a roll call on the amendment to the Motion.

AYES : Commissioner Waldack, Schnell, Beckman, Neustadt, Durkin, Tully; Mayor Sandack

The Mayor declared the Motion carried.

The Mayor then asked for a roll call on the Motion as amended.

AYES : Commissioner Tully, Durkin, Beckman, Neustadt, Waldack, Schnell; Mayor Sandack

The Mayor declared the Motion carried. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Accept this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Strategic Plan

MOT00 -03082 A. Motion: Authorize a Waiver of Permitting, Plan Examination, and Inspection/Testing Fees for St. Joseph Church Property, 4801 Main Street Sponsors: Manager’s Office Summary of Item: This authorizes a waiver of fees in the amount of $5,513.70 for permitting, plan review and inspection fees related to the renovation of the property located at 4801 Main Street. Commissioner Waldack recused himself from any discussion on this issue as he is a parishioner and a member of the parish council of St. Joseph Parish. A motion was made by Commissioner Tully, seconded by Commissioner Schnell, to Authorize this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Abstain: Commissioner Waldack Indexes: Fee Waiver

ORD00 -03095 B. Ordinance: Adopt the Fiscal Year 2008 Budget in Lieu of Passage of an Appropriation Ordinance Sponsors: Manager’s Office Summary of Item: This adopts the fiscal year 2008 budget in lieu of an appropriation ordinance. As provided by law, proper notice has been given, the budget has been available for inspection for at least ten days, and a public hearing was held on November 6, 2007.

AN ORDINANCE ADOPTING THE FISCAL YEAR 2008 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE

ORDINANCE NO . 4929 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 Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Budget – 2008

ORD00 -03096 C. Ordinance: Annex 4513 Cross Street Sponsors: Community Development Summary of Item: This authorizes the annexation of the property located at 4513 Cross Street.

AN ORDINANCE ANNEXING 4513 CROSS STREET TO THE VILLAGE OF DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4930 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 Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Annexation

ORD00 -03001 D. Ordinance: Establish Taxi Cab and Grove Shuttle Parking Zones Sponsors: Public Works and Parking & Traffic Commission Summary of Item: This amends the Municipal Code to taxi cab and Grove Shuttle parking zones.

AN ORDINANCE ESTABLISHING TAXI CAB AND GROVE SHUTTLE PARKING ZONES

ORDINANCE NO . 4931 A motion was made by Commissioner Schnell, seconded by Commissioner Waldack, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Taxi Program, Parking Zones

ORD00 -03097 E. Ordinance: Amend Parking Provisions on Douglas Road Sponsors: Public Works and Parking & Traffic Commission Summary of Item: This amends parking provisions on certain protions of Douglas Road and remove the southease corner stop sign.

AN ORDINANCE AMENDING PARKING PROVISIONS ON DOUGLAS ROAD

ORDINANCE NO . 4932 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 Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Parking Provisions

8. Mayor’s Report

New Business

The Mayor said the Village has received an application for an alcoholic liquor, on-premise consumption liquor license from ERJ Dining IV, d/b/a Chili’s Bar & Grill located at 1330A W. 75th Street. He said the application must be placed on file for a minimum of two weeks, subject to public comment prior to the issuance of a new license.

The Mayor said he was placing this application on file in the Village Clerk’s office. Barring any objection, once the two-week waiting period has passed, a liquor license will be issued to ERJ Dining IV, LLC d/b/a Chili’s Bar & Grill located at 1330A W. 75th Street.

Proclamation

The Mayor proclaimed December 2007 as Drunk and Drugged Driving Prevention Month in the Village of Downers Grove.

RES00 -03101 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This appoints Commissioner Geoff Neustadt as Chair of the Community Grants Commission.

A RESOLUTION APPOINTING GEOFF NEUSTADT AS CHAIR OF THE COMMUNITY GRANTS COMMISSION

RESOLUTION 2007 -130 Commissioner Tully extended best wishes to Commissioner Neustadt as chair of the Community Grants Commission. He noted that Commissioner Neustadt attended the Saturday meeting of the Commission and said he will be a great new chair.

Commissioner Neustadt said the attended the transitional meeting on Saturday. He said Commissioner Tully did an excellent job as chair and worked to create consensus.

The Mayor said this is being transitioned at a good time and noted that the good work of this Commission will continue. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Boards and Commissions

9.Manager’s and Directors’ Reports

Manager Pavlicek thanked the Directors and, specifially, Judy Buttny, Mike Baker and Brandon Dieter for all their work on the budget document. She also expressed appreciation to the Council for the time they spent reviewing and discussing this matter.

10. Attorney’s Report

ORD00 -03099 A. Ordinance: Provide for the Settlement and Closing of the Property Known as the Belmont/Burlington Grade Separation and Transportation Safety Project/Han Project Sponsors: Village Attorney Summary of Item: This authorizes the execution of a settlement agreement regarding the Han parcel located at 2210 Burlington Avenue in relation to the Belmont/Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE PROVIDING FOR THE SETTLEMENT AND CLOSING OF THE PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /HAN PROJECT

ORDINANCE NO . 4933 A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Adopt this file. Mayor Sandack declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass

ORD00 -03100 B. Ordinance: Authorize the Acquisition of Property Known as the Belmont/Burlington Grade Separation and Transportation Safety Project/Han Parcel Sponsors: Village Attorney Summary of Item: This authorizes the acquisition of the Han parcel located at 2210 Burlington Avenue in relation to the Belmont/Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /HAN PARCEL

ORDINANCE NO . 4934 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 Tully, Commissioner Waldack, Commissioner Durkin, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass

11.Council Member Reports and New Business

Commissioner Beckman said he was very impressed with the budget process as it was a very transparent process engaging staff, members of the community and his colleagues. He has been through this process many times, but this time had a thorough understanding of what they were considering.

Commissioner Neustadt reminded everyone to be cautious driving in tonight’s snowy weather.

Commissioner Schnell informed the Council about the meetings of the Ad Hoc Housing Committee over the past several months. The next meeting is December 10. They have tried to keep the meetings to two hours; however, the meetings may go beyond the December and January dates. She asked for permission to allow them to have additional meetings in February and March, if necessary, to analyze and discuss the data presented in a thorough manner.

The Mayor asked of there were any objections and none were expressed.

Commissioner Tully extended his appreciation to the staff for their work on the budget. The process works well on the calendar year. He also thanked the business and residential community for their participation in the process. He said he feels that they have hit their stride. He noted that the Strategic Plan drives many of the budget decisions, and the budget addresses community projects in a positive way.

The Mayor said that the Council had a number of meetings on the budget this year. At least four public meetings addressed the stormwater issues. Staff listened to the needs expressed on stormwater and capital improvements. He believes this Council has been more forward looking this year. There has been a clearly defined need in terms of roads and stormwater, as well as other capital needs. In 2008 the Village will start 15 projects on stormwater. By 2010 all of the first tier projects will be designed and have a revenue stream. Mayor Sandack said raising taxes in the Village is not commonly done, but this was done with great seriousness, and he sees the process getting better every year. He noted that the Strategic Plan came from the residents when they told the Council what they wanted. The budget came from the citizen’s summit, the Strategic Plan and the watershed plan. He is proud of his colleagues for the diligence, service and participation they devoted to the process. He further noted that staff was highly taxed in the process and good ideas came from the process.

12. Adjournment

Commissioner Tully moved to adjourn. Commissioner Durkin seconded.

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

Mayor Sandack declared the motion carried and the meeting adjourned at 7:55 p.m