December 02, 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

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 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 18, 2008 Workshop Meeting – November 25, 2008 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

Capital Projects Update

Robin Weaver, Interim Director, Public Works, said she had three topics she would like to discuss this evening. She said the first major snowstorm of the season has occurred and she reported that the Village has sufficient salt and calcium chloride for ice removal. The cost to buy salt this year is $59.25 per ton, a 53% increase over last year, but about half of the present costs. She noted that many communities have had to buy their salt at higher prices than the Village’s cost. Historically, the Village has used 4,800 tons of salt for an average season of 35 inches of snow. She said 60 inches of snow fell last year and 7,200 tons of salt were used. The total cost of the salt last year was $261,000. Ms. Weaver said the snow and ice policies have not changed since last year, but the supervisors have been instructed to be more cautious and alert to the use of salt. Due to the increased price of salt, alternatives to salt are being used by some communities. Ms. Weaver said staff will evaluate those alternatives for possible use in the future. She urged drivers to exercise caution when driving.

Ms. Weaver then reported on the Fairmount storm sewer work, noting that the project is to be completed in June 2009. She said ruts and potholes would be fixed today. The project is $140,000 under budget.

Ms. Weaver said Prairie Avenue is clear and open in both directions; it is 70% complete. She showed photos depicting the work completed. She said the surface course has not been done, but the roadway is smooth and clear for snowplows and driving. Parkway restoration will begin in mid-April or May. She said Stage 2 is from Forest Avenue ten blocks east to Fairview.

Commissioner Beckman said he has received reports that there is a pile of material on Saragota, at the intersection of Saratoga and Prairie. He asked when that would be removed, as the material has extended into the road sufficiently so that drivers going southbound have to enter the opposite lane to move around it.

Ms. Weaver said she will take care of it first thing tomorrow morning. Staff will remove the snow fences as well.

Commissioner Waldack asked as to the status of the work at Maple and 55th Street and how long hot asphalt would be available.

Ms. Weaver said staff is working with the County on this project. It will not be finished this year; however, binder work will be completed later this week. She said the signal is to be changed over this week. The area will soon be closed to construction and open to traffic. Hot asphalt will probably be available through the end of this week.

Commissioner Tully said that, with respect to extending salt usage, many communities are trying to change their plans. While the Village is good shape in terms of salt, we should try to learn from the experiences of other communities.

Commissioner Durkin asked if there have been any changes in the way non-arterial streets are plowed. Ms. Weaver responded that there have not been any changes as the same policy is in place. The Commissioner said it appeared that the snow plows made an initial pass on the streets and later cleared them.

Ms. Weaver said staff is more likely to do an initial single pass during winter storm conditions, as the arterial streets are more traveled and require more attention.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were no comments.

B. Comments and Questions on General Matters

There were no comments.

5. Public Hearings

Tax Levy 2008 Mayor Sandack called the public hearing to order at 7:12 p.m. pursuant to the Illinois Truth in Taxation Law to consider the proposed 2008 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 proof of publication have been presented and are made a part of the official record of this hearing.

He then summarized the procedures to be followed for the public hearing.

Mike Baker, Deputy Village Manager, provided a brief overview of the 2008 tax levy. He said the levy amounts are consistent with those presented at the November 25, 2008 Council Workshop. On December 16, 2008 the levies will be presented for adoption. It is a flat levy. He reviewed the levies that make up the 2008 tax levy and noted the debt service portions of the levy that will ultimately be abated.

Commissioner Tully noted that the Village is required to identify the levies in the Truth in Taxation Notice, but also has no choice but to abate some portions of the levies. He asked if there was any opportunity to change the way the notice is constructed to more accurately reflect this.

Village Manager Dave Fieldman said staff will take a leadership role regarding legislative initiatives to change the notice requirement.

Mayor Sandack said the tax levy has been addressed many times. He said he is pleased with staff’s efforts to keep the tax levy flat. He thanked his colleagues for their diligence and staff for being respectful of residents.

There being no further discussion, the public hearing was adjourned at 7:18 p.m. 6.Passed The Consent Agenda

Commissioner Tully moved to remove from the Consent Agenda, for separate consideration, item D., a resolution authorizing a license agreement with T-Mobile Central to install, maintain and operate an antenna on Village property (2304 Maple Avenue). Commissioner Durkin seconded the Motion.

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

The Mayor declared the Motion carried.

COR00 -03570 A. Claim Ordinance: No. 5771, Payroll, November 21, 2008 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -03571 B. List of Bills Payable: No. 5748, December 2, 2008 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES00 -03565 C. Resolution: Authorize a Maintenance Agreement and Addendum Agreement between the Village of Downers Grove and Advent Systems, Inc. Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT AND ADDENDUM AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ADVENT SYSTEMS , INC.

RESOLUTION 2008 -126 A motion was made to Pass this file on the Consent Agenda. Indexes: Central Business District – Parking Deck

RES00 -03578 E. Resolution: Authorize an Intergovernmental Agreement with South East Association for Special Parks and Recreation (SEASPAR) for the Joint Purchase of Gasoline, Diesel Fuel and Compressed Natural Gas Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SOUTH EAST ASSOCIATION FOR SPECIAL PARKS AND RECREATION (SEASPAR) FOR THE JOINT PURCHASE OF GASOLINE , DIESEL FUEL AND COMPRESSED NATURAL GAS

RESOLUTION 2008 -127 A motion was made to Pass this file on the Consent Agenda. Indexes: Park District, CNG Fueling Facility, Public Works – Fueling Facility

MOT00 -03575 F. Motion: Authorize Change Order #1 for $12,178 for Watershed Improvements for Barneswood Drive Sponsors: Public Works A motion was made to Authorize this file on the Consent Agenda. Indexes: Stormwater Sewer Watershed Improvement Plans, Stormwater Projects FY08

MOT00 -03577 G. Motion: Authorize Change Order #3 for $39,372 for the Maple Avenue/55th Street Water Main Replacement Project Sponsors: Public Works A motion was made to Authorize this file on the Consent Agenda. Indexes: Water Main Improvements

RES00 -03582 H. Resolution: Authorize an Incentive Agreement with DeVry University Sponsors: Manager’s Office Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN INCENTIVE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND DEVRY UNIVERSITY

RESOLUTION 2008 -128 A motion was made to Pass this file on the Consent Agenda. Indexes: Economic Incentive – Devry University

MOT00 -03536 I. Motion: Authorize an Agreement with the International Union of Operating Engineers, Local 150 Sponsors: Village Attorney Summary of Item: This is a motion to approve the labor agreement with the International Union of Operating Engineers Local 150 Public Employees Division and to authorize the Mayor and Village Clerk to sign the agreement on behalf of the Village and to take the steps necessary to implement the terms thereof. A motion was made to Authorize this file on the Consent Agenda. Indexes: Public Works 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

RES00 -03580 D. Resolution: Authorize a License Agreement with T-Mobile Central to Install, Maintain and Operate an Antenna on Village Property (2304 Maple Avenue) Sponsors: Village Attorney Summary of Item: A RESOLUTION AUTHORIZING A LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND T -MOBILE CENTRAL TO INSTALL , MAINTAIN AND OPERATE AN ANTENNA ON VILLAGE PROPERTY (2304 MAPLE AVENUE ) Commissioner Tully moved to table this to a date uncertain. A motion was made by Commissioner Tully, seconded by Commissioner Durkin, to Table Indefinitely 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: Village Property-Lease, Antenna Equipment

ORD00 -03574 A. Ordinance: Amend Parking Provisions on Prentiss Drive Sponsors: Public Works and Transportation and Parking Commission Summary of Item: This amends parking provisions on a portion of Prentiss Drive.

AN ORDINANCE AMENDING PARKING PROVISIONS ON PRENTISS DRIVE

ORDINANCE NO . 5015 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: Parking Provisions

ORD00 -03573 B. Ordinance: Grant a Stormwater Variance for 4742 Cumnor Road Sponsors: Public Works and Stormwater & Flood Plain Commission Summary of Item: At their meeting of October 23, 2008, the Stormwater and Flood Plain Oversight Committee recommended adoption of this ordinance to permit a stormwater variance for the property located at 4742 Cumnor Road.

AN ORDINANCE GRANTING A STORMWATER VARIANCE FOR 4742 CUMNOR ROAD

ORDINANCE NO . 5016 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: Stormwater Variance, Stormwater Administrator

ORD00 -03584 C. Ordinance: Adopt the Fiscal Year 2009 Budget in Lieu of Passage of an Appropriation Ordinance Sponsors: Manager’s Office Summary of Item: This adopts the fiscal year 2009 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 4, 2008.

AN ORDINANCE ADOPTING THE FISCAL YEAR 2009 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE

ORDINANCE NO . 5017 Commissioner Neustadt thanked the staff for their hard work in preparation of the budget. He will vote to approve the budget. He said there is a priority list of the items that have been adjusted and will be monitored. These items can be reinserted if the budget is to be amended.

The Manager stated that staff will have a cut and add list for Council consideration in January, and in the quarterly reports.

Commissioner Beckman also thanked staff for their work in developing the budget. He asked about the total amount of cuts from the budget. The Manager said that the General Fund expenses were reduced by $690,000 since discussions began in September. Revenues have been reduced by $677,000. Commissioner Beckman said that was accomplished through the intense work by staff under the Manager’s leadership.

Commissioner Schnell extended her appreciation to staff as well. She said that the Village needs to proceed cautiously, even if there are revenues coming in early in the year. It is easier to add things than to remove things, and she feels the budget, as it stands now, is cautiously optimistic. The Manager responded that implementation of the budget will be a challenge given the uncertain times.

Commissioner Tully concurred with comments directed to staff for their hard work. He also expressed concerns and encouraged the Village to be cautious regarding adding things back in at any time. This is a time of great opportunity to learn how to do more with less, and avoid the trend to increase taxes, costs and expenses. He suggested that perhaps the one-time cuts can become permanent. Commissioner Tully continued that the economy has shown that there are serious cracks in terms of the revenue streams. Because of good vision and planning, the Village is not in the position that some other communities find themselves. He is glad that the budget will allow TCD III to move forward and find out what the community wants in its future. He added that it is not always possible to work off of last year’s budget in preparing next year’s budget. Commissioner Tully added that he is confident that this Council and staff will be able to continue moving forward.

Commissioner Waldack thanked staff for their work, and the residents for their input. He stated that it will be incumbent on both Council and staff to implement the budget. There were some options this year that might not be available to the Village next year.

Commissioner Durkin noted that in listening to the news and hearing about municipalities having problems, and politics in budget processes in other government bodies, he can honestly say that there were no politics in this budget. There were a number of one-time hits in this budget that were a saving grace in presenting the final figures. He looks forward to receiving the financial updates on a regular basis, as this will help the Village as it moves into its 2010 budget process.

Mayor Sandack echoed appreciation to the staff, the Council members and residents. He believes the Village is well suited to meet the challenges of next year. The Strategic Planning process has a long-term financial plan, and staff has watched revenues and expenses since July. He said there is a monthly Treasurer’s report available for review. This will be a challenging time for local businesses, and sales tax revenues may be challenged. TCD III and the Comprehensive Plan are both part of next year’s budget. He agrees that the Village must be frugal and circumspect. He looks forward to meeting the challenges ahead. 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: Budget – 2009

8. Mayor’s Report

Mayor Sandack read a proclamation declaring December 2008 as Drunk and Drugged Driving Prevention Month. He said December is a great month for holiday parties and urged people to modify their behavior to assure their own and the public’s safety.

Materials to be Received

Materials to be Placed on File

9. Manager’s Report

There was no report.

10. Attorney’s Report

There was no report.

Future Active Agenda

11.Council Member Reports and New Business

Commissioner Neustadt conveyed his sympathies to the family of Ed Simoncelli. Mr. Simoncelli passed away last week. Commissioner Neustadt said he was a long-time resident of the Village, loved by many people and will be missed.

Commissioner Beckman urged residents to shop in Downers Grove and reminded people of the many merchants on the periphary of the Village. He encouraged people to stay north of 75th Street and shop in Downers Grove.

Commissioner Schnell noted that December 5 is the last day for free leaf collection. She asked if there was a problem with the collection due to the snow yesterday.

Deputy Village Manager Mike Baker said staff will notify the hauler if any residents had problems.

Commissioner Waldack said it was great to see the turnout at the holiday parade, despite the weather.

Commissioner Durkin asked if Greg Bedalov of the Economic Development Corporation could provide Council members with bumper stickers for the “In” campaign.

Mayor Sandack thanked all who came to the parade and tree lighting ceremony.

12. Adjournment

Commissioner Tully moved to adjourn. Commissioner Durkin seconded the Motion.

Mayor Sandack declared the motion carried by voice vote and the meeting adjourned at 7:42 p.m