November 18, 2008

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

The Mayor asked Girl Scout Troop 797 to help lead the audience 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 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

Council Meeting – November 4, 2008 Workshop Meeting – November 11, 2008 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

Capital Projects Update

Interim Public Works Director Robin Weaver reported on current projects. Prairie Avenue, Belmont Avenue, and 55th and Maple are weather dependent. Ms. Weaver will report out at a later date as to winter plans for these projects. She said the Community Investment Program consists of 48 projects and totals $23 million in the 2008 budget. Ms. Weaver said 43 projects are assigned to Public Works. Of those, four have been deferred, two delayed, and nine were design only; 21 projects are complete. Three projects are yet to be completed in 2008 including Fairmount north of 63rd; Lacey Creek culvert joint repairs, west of Venard; and St. Joseph Creek dredging. Continuing projects include Prairie, Bikeway III & IV, 55th & Maple (landscaping only), Prentiss Creek Sub B, and Maple/Carpenter (landscaping only).

Commissioner Durkin asked about the Prentiss Creek Sub B work south of 63rd and Fairmount, and Ms. Weaver said that it would continue into 2009. He asked about the lane where the roadway was ground. Ms. Weaver said she is not sure how it will be closed up. It will not be active as it will be a construction site for several months. With respect to the streets with the binder coat, Ms. Weaver said they will be modified and will not be left rough and bumpy throughout the winter.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were no comments.

Passed The Consent Agenda

George Swimmer said that earlier in the day the Noon Lions Club lunched and toured the new Fire Station. He thanked the Fire Chief and personnel for the good project. Mr. Swimmer then provided information regarding a meeting he attended regarding local transportation needs at which there was a discussion of the Canadian National Railway potentially purchasing a local rail line. They want to increase the trains from 8 to 38. Local communities are in an uproar over this and are demanding grade separation. Also at the meeting he was shocked at the anticipated 80 percent increase in the number of trains expected in the next 20 years from 180 trains per day to over 300 per day. Mr. Swimmer said he would like the Burlington Northern to request that train traffic be limited to 180 trains per day until grade separation is in place. He asked the Council to put forth an effort in this regard with elected officials. Until there is grade separation in place the amount of train traffic should remain as it is now. Mr. Swimmer also asked that official plans by the Village for additional future grade separations start now.

Commissioner Tully said this sounds like a job for the Comprehensive Plan and Mr. Swimmer agreed.

Commissioner Beckman said he thought this was the Chamber luncheon, which he also attended. He asked that staff validate the numbers mentioned at the luncheon, because he was also taken aback by the projected figures. Manager Fieldman said that staff would work directly with the Burlington Northern Santa Fe .

5. Public Hearings

6. Consent Agenda

COR00 -03560 A. Claim Ordinance: No. 5769, Payroll, November 7, 2008 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -03562 B. List of Bills Payable: No. 5746, November 18, 2008 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -03568 C. Bid: Award $24,800 to GBA Master Services, Inc. of Overland Park, Kansas for Asset Maintenance Management Software Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Storm Sewers

RES00 -03564 D. Resolution: Authorize an Addendum to an Agreement with GC Engineering, Inc. for Inverness Avenue Rehabilitation Project Sponsors: Public Works Summary of Item: This is for a not-to-exceed amount of $10,483.20.

A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND GC ENGINEERING , INC.

RESOLUTION 2008 -123 A motion was made to Pass this file on the Consent Agenda. Indexes: Engineering Services

RES00 -03566 E. Resolution: In Support of Participation in the Safe Routes to School Program within the Village of Downers Grove Sponsors: Public Works Summary of Item: A RESOLUTION IN SUPPORT OF PARTICIPATION IN THE SAFE ROUTES TO SCHOOL PROGRAM WITHIN THE VILLAGE OF DOWNERS GROVE

RESOLUTION 2008 -124 A motion was made to Pass this file on the Consent Agenda. Indexes: School District 58, School Travel Plan

MOT00 -03569 F. Motion: Approve Agreement with Downers Grove Lodge No. 73 and the Illinois Fraternal Order of Police Labor Council A motion was made to Authorize this file on the Consent Agenda. Indexes: Police Contract

MOT00 -03558 G. Motion: Note Receipt of Minutes of Boards and Commissions Summary of Item: Human Service Commission – October 1, 2008 Library Board – October 22, 2008 Plan Commission – September 8, 2008 Stormwater and Flood Plain Oversight Committee – August 28, 2008 Transportation and Parking Commission – October 8, 2008 Zoning Board of Appeals – August 27, 2008 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 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

ORD00 -03563 A. Ordinance: Amend the Class “C” Club Liquor Licenses Sponsors: Liquor Commission Summary of Item: This amends the club liquor license classification and provisions of outdoor licenses.

AN ORDINANCE AMENDING THE PROVISIONS OF THE CLASS “C” CLUB LIQUOR LICENSES

ORDINANCE NO . 5014 Commissioner Beckman said he previously had expressed concern about management and monitoring of these kinds of events. He said he appreciated staff feedback. 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: Liquor Ordinance Amendments

MOT00 -03567 B. Motion: Estimate 2008 Aggregate Tax Levy for the Village of Downers Grove Sponsors: Finance Summary of Item: This estimates the 2008 Village aggregate levy and will be the subject of a public hearing on December 2, 2008.

This finds and determines that the aggregate levy for the Village of Downers Grove, as defined in the Illinois Truth and Taxation Law, estimated to be necessary to be raised by taxation for 2008 upon the taxable property in Downers Grove is $24,325,251. This amount is based upon an estimated levy of $5,567,036 for corporate and police; $2,850,000 for fire; $1,262,129 for police pension; $1,578,223 for fire pension; $3,812,755 for library operating; $657,761.26 for the 2003 library debt service; $274,775 for Fairview Avenue debt service; $262,250 for Central Business District 1999 Series debt service; $188,600 for Central Business District 2000 Series debt service; and $356,262.50 for Central Business District 2001 Series debt service; and $350,407.50 for Central Business District 2002 Series debt service; $513,720 for G.O. Water Issue 2001A debt service; $1,107,040 for Central Business District 2003A Series debt service; and $421,450 for Central Business District 2005 Series debt service; and $709,707.50 for Fire Station 2 2007 Series debt service; and $3,995,437.50 for Stormwater 2008A Series debt service; and $147,166.67 for Central Business District 2008 B Series debt service. The estimated levy for Special Service Area #2, CBD Special Service Area, is $261,859. The estimated levy for Special Service Area #3, Prince Pond Special Service Area, is $8,671. A public hearing will be held on these proposed levies on December 2, 2008 at 7:00 p.m. in the Village Council Chambers. The adoption of the proposed levies will be held on December 16, 2008 at 7:00 p.m. in the Village Council Chambers. Staff is also directed to prepare ordinances to abate said 2008 tax levies. Commissioner Tully said the estimated tax levy represents the maximum amount that could be levied and Council can always reduce the levy. He noted that Council is scheduled to discuss further reductions next week. With respect to abatements, Commissioner Tully said every year a large portion of the levy is abated. Those levies will not be collected. This year the amount estimated to be abated is $8.3 million.

Mayor Sandack said the estimate is a statutorily required step. A legal notification regarding the maximum amount of taxes that can be levied will be printed in the newspaper. Council is continually reviewing the budget. It is Council’s intention to tax at the least possible amount to continue to provide essential Village services. The levy will be voted upon on December 16, 2008. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Authorize 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: Tax Levy – 2008

8. Mayor’s Report

RES00 -03556 Resolution: Appoint Members to Boards and Commissions Sponsors: Mayor Summary of Item: This confirms the following appointments:

COMMUNITY GRANTS COMMISSION

Reappoint Renata Allelujka to a three-year term expiring August 31, 2011.

A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO BOARDS AND COMMISSIONS

RESOLUTION 2008 -125 Commissioner Neustadt said Ms. Allelujka has served for a number of years and this is an opportunity to continue to serve the Village. He said the Community Grants Commission will meet on Wednesday and Thursday to review applications for the Community Grants program for next year. Next Wednesday the Commission will meet to discuss recommended awards of grants. He thanked Ms. Allelujka for her many years of service. 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 Materials to be Received

Materials to be Placed on File

9. Manager’s Report

Deputy Village Manager Mike Baker said that the Village is required to publish a Truth in Taxation Notice that will be published in tomorrow’s Reporter. He explained it is a State required mandate in terms of format, content, language, and it can be somewhat misleading in that it does not account for planned property tax abatements, which makes it appear as though the taxes being levied are significantly higher this year than in prior years.

Mr. Baker provided an explanation of Section II of the notice which shows an increase of 7.5% from 2007 to 2008. He said the Corporate/Police levy amount is likely to be reduced. He noted that the Library operating levy is set by the Library Board of Trustees.

Mr. Baker then referred to Section III regarding levies tied to the debt service. The figure they are required to show includes all of the debt service prior to any abatements, which is why it appears to be such a large increase.

The Mayor asked staff to place this information on the website so people understand the variance in figures.

Commissioner Tully clarified that the abatement planned is $8.3 million. The 2008 recommended levy before the abatement is $19,584,205. The amount collected would be approximately $11.2 million. He noted that the Council has had a long history of abating a large portion of the levy. They are working to keep the levy at no more than the current year’s amount.

Future Active Agenda

11.Council Member Reports and New Business

Commissioner Neustadt showed two new pictures of his newborn son, David.

Commissioner Waldack announced that many of the food pantries are expressing a need for supplies. He encouraged those in a position to help to do so.

Commissioner Durkin said that the newest restaurant on Main Street in Downers Grove, Gatto’s, has officially opened. He welcomed them to the community and encouraged everyone to visit there. He said it is a great family restaurant.

Mayor Sandack encouraged people who are doing their holiday shopping and other business to consider Downers Grove businesses first as it is in the collective best interest of the Village.

12. Adjournment

Commissioner Tully moved to adjourn. Commissioner Durkin seconded.

Mayor Sandack declared the motion carried by voice vote and the meeting adjourned at 7:30 p.m. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Adjourn this file. Mayor Sandack declared the motion carried unanimously