March 09, 2010

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 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 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 Council Meetings

March 2, 2010 Commissioner Neustadt said he submitted a minor correction to the minutes to the Clerk. Mayor Sandack said the minutes would be filed as corrected.

4.Public Comments – General Comments on Matters Not Appearing on

Tonight’s Agenda

Frank Falesch, 820 Prairie, commented on the new lights for Prentiss Creek, saying he was not impressed as they are not attractive, and nine lights were not operating one day. It was an overcast day with no wind. Mr. Falesch said he has returned several times to the area and found 12 lights not working last night. These are very expensive units, costing $15,000 each, not including the grant. Many residents in the area had their porch and garage lights on. He added that he thought the new lights are not very bright either. He said he felt the Village was looking to do something new and great, but it was not tested.

Mr. Fieldman said that this is part of the process of getting this service up and running. He said that this is nothing to do with the energy storage. The Village has already received innovation awards for this project.

The Mayor said that the Village will find out what the maintenance costs are. There were no streetlights in the area before these. He reminded that this is still in the beginning stage and staff will watch the progress closely.

5. Public Hearings

6. Consent Agenda

BIL00 -04067 A. List of Bills Payable: No. 5814, March 9, 2010 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES00 -04068 B. Resolution: Maintenance of Streets and Highways by Municipality under the Illinois Highway Code Sponsors: Public Works Summary of Item: A RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE

RESOLUTION 2010 -16 A motion was made to Pass this file on the Consent Agenda. Indexes: Motor Fuel Tax

MOT00 -04076 C. Motion: Note Receipt of Minutes of Boards and Commissions Summary of Item: Library Board – February 10, 2010 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

ORD00 -04064 A. Ordinance: Authorize an Extension for Submittal of Phase 2 Comprehensive Redevelopment Plans for 2125 Ogden Avenue Sponsors: Community Development Summary of Item: This authorizes an extension for submittal of Phase 2 Comprehensive Development Plans for 2125 Ogden Avenue to July 15, 2010.

AN ORDINANCE AUTHORIZING AN EXTENSION FOR SUBMITTAL OF PHASE 2 COMPREHENSIVE REDEVELOPMENT PLANS FOR 2125 OGDEN AVENUE TO JULY 15 , 2010

ORDINANCE NO . 5126 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: Special Use – 2125 Ogden Avenue

ORD00 -04066 B. Ordinance: Authorize the Extension of a Planned Development Amendment to Planned Development #9 and Authorizing the Extension of the Special Uses for 1200 75th Street to March 3, 2011 Sponsors: Community Development and Plan Commission Summary of Item: This authorizes the extension of a planned development amendment to Planned Development #9 and authorizes the extension of the special uses for 1200 75th Street to March 3, 2011.

AN ORDINANCE AUTHORIZING THE EXTENSION OF A PLANNED DEVELOPMENT AMENDMENT TO PLANNED DEVELOPMENT #9 AND AUTHORIZING THE EXTENSION OF THE SPECIAL USES FOR 1200 75TH STREET TO MARCH 3 , 2011

ORDINANCE NO . 5127 A motion was made by Commissioner Beckman, 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: Planned Development #9-Grove Shopping Center, Special Use – 1200 75th Street

RES00 -04065 C. Resolution: Authorize an Agreement with Alliant Insurance Services, Inc. Sponsors: Human Resources Summary of Item: This authorizes the extension of an agreement between the Village and Alliant Insurances Services, Inc. as Broker of Record, to obtain competitive quotes to renew the Village’s coverage for property, casualty and excess liability insurance.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ALLIANT INSURANCE SERVICES , INC.

RESOLUTION 2010 -17 A motion was made by Commissioner Neustadt, 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: Insurance – Risk Management

8. First Reading

ORD00 -04073 C. Ordinance: Rezone 2100 Ogden Avenue from M-1, Light Manufacturing, to B-3, General Services and Highway Business District Sponsors: Community Development Summary of Item: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, CODIFIED AS CHAPTER 28 OF THE DOWNERS GROVE MUNICIPAL CODE , AS AMENDED TO REZONE PROPERTY LOCATED AT 2100 OGDEN AVENUE

ORDINANCE NO . 5130 Tom Dabareiner, Director, Community Development, explained that this request to change the zoning from M-1 to B-3 comes from Bill Kay Suzuki. Mr. Dabareiner showed the area on an overhead map, further explaining that another property to the east was changed from M-1 to B-3 in 2005. Some of the changes that would occur include a switch from a manufacturing emphasis to higher retail base. There are taller buildings allowed in B-3, and this building falls within the guidelines. There are no side and rear setbacks required in B-3, and less green space is required, although the property has adequate green space. Mr. Dabareiner said that the Plan Commission reviewed this request and agreed that the standards of Section 28.1702 were met. Staff concurs with the recommendation.

Commissioner Neustadt commented that this is a great example of the staff and the EDC working together to retain a business partnership in the Village.

Commissioner Beckman asked if there was any consideration toward establishing a special retail zoning for automobile dealerships. Mr. Dabareiner said that there is none at this time. The Ogden Avenue Master Plan recommends this area for B-3 zoning.

Commissioner Waldack asked if there is an economic advantage to the Village in changing the zoning from M-1 to B-3. Mr. Fieldman said staff could work with Mr. Bedalov of the EDC to calculate any advantage; however, he did not feel that would apply to this. Commissioner Waldack added that he had no problem with this petition.

The Mayor said it appears to him that this is more of an effort to clean up the zoning map so that the reality matches the intended use. The criterion in Section 28.1702 has been met, and this makes sense to him. Indexes: Rezone 2100 Ogden Avenue – M-1 to B-3

ORD00 -04070 A. Ordinance: Amend Parking Restrictions on Jefferson Avenue at Hillcrest School Sponsors: Public Works and Transportation and Parking Commission Nan Newlon, Director, Public Works, noted that Village staff has worked with the schools and neighbors, so it is not unlikely that changes such as this and the following item on the First Reading may appear on a regular basis. Regarding Hillcrest School, the item was initiated by the Police Department. The school has 400 students, and during daytime events there is limited parking due to the restrictions on Jefferson. This request proposes eliminating the restrictions from 2:00-3:00 p.m., to reduce the number of tickets and the limited parking. The Transportation and Parking Commission (TAP) also made a unanimous recommendation for this change.

Commissioner Neustadt commented that both this, and the following change, are needed. All the schools are very busy, and these changes will help with parking issues. He added that parents who have the ability could allow their kids to walk to school, and that would eliminate some of the traffic and parking problems. He thanked TAP for their work.

Commissioner Barnett said that both of these proposals make sense to him. He asked about the regulations regarding how close one can park to a corner. He suggested that enforcement be as deliberate as possible with corner parking restrictions. Indexes: Parking Restrictions – Hillcrest , Parking Restrictions – Jefferson

ORD00 -04071 B. Ordinance: Amend Parking Restrictions on Grant Street Near Pierce Downer School Sponsors: Public Works and Transportation and Parking Commission Ms. Newlon stated that this item was initiated by representatives of the school to improve the drop-off/pick-up operation at the school, and enhance parking. Issues regarding parking at the corner were discussed as well. The recommendation is to add a 100-foot drop-off/pick-up zone west of the school driveway, and remove the no parking 2:00-3:00 p.m. restrictions on the north side of Grant Street to improve the circulation. Further revisions include modifying the restrictions on the south side of Grant Street to be “No Parking Any Time” between Seeley Avenue and Oakwood Avenue and to designate the north side of Grant Street between Oakwood Avenue and the east side of the school driveway as “No Parking Any Time.” TAP unanimously recommended this change.

Commissioner Beckman commented that these changes improve the safety of our students. Regarding Pierce Downer School, Commissioner Beckman lives on Middaugh and has experience with the high school drivers, saying they may find this as an opportunity for additional parking. Ms. Newlon said staff will monitor this and could add a four-hour restriction if it is needed.

Commissioner Neustadt added that the neighborhood residents will also keep a close eye on this. It is an excellent point to have this monitored and enforced.

The Mayor thanked TAP for their professionalism, and the PTA and Police Department for bringing these forward. Indexes: Parking Restrictions – Grant, Parking Restrictions – Pierce Downer School

RES00 -04047 C. Resolution: Authorize an Agreement with Claude H. Hurley Company for Geotechnical Engineering and Materials Testing Services Sponsors: Public Works The Manager said this item and the next deal with authorizing agreements for materials testing. The Village’s capital construction projects require materials testing, such as soils, concrete, environmental issues, etc. Traditionally the Village has contracted with private firms, and staff recommends continuing this practice. He said $610,000 is budgeted and staff recommends awarding two contracts not to exceed $305,0000 each. These awards would be to Claude H. Hurley, with whom the Village has worked successfully in the past, and to ECS . The Manager said that ECS has had more environmental experience than Hurley, and they will specialize in areas involving environmental issues. ECS has also worked satisfactorily with the Village in the past. Indexes: Geotechnical Engineering

RES00 -04074 D. Resolution: Authorize an Agreement with ECS , LLC for Geotechnical Engineering and Materials Testing Services Sponsors: Public Works Indexes: Geotechnical Engineering

MOT00 -04072 E. Motion: Authorize the Purchase of Bulk Road Salt from Cargill Inc. via the State Contract Sponsors: Public Works Mr. Fieldman said this item authorizes the purchase of bulk road salt.

Ms. Newlon explained that this bid is through a State contract traditionally. The Village is allowed to purchase as little as 80% to as much as 120% of the requested salt allocation. This year the State has added a new option to renew the current contract at cost of no more than 5%. The current salt price is $63.24 per ton, and the highest cost would be $66.40 per ton. Staff recommends this approach for several reasons. This would limit the Village’s exposure to increased salt prices. For the last two years the average increase has been 7% per year; the past five years the increase has been 17% per year. Ms. Newlon said that Cargill has provided excellent service in the past, and provides delivery that allows the Village to be more efficient. The weather patterns are unsure and there is a continued heavy demand for road salt. There have been record snowfalls for the past three years. Staff recommends renewing the contract with Cargill as suggested by the State.

Commissioner Barnett asked whether this product has a shelf life. Ms. Newlon said it is usable the next season, and the Village typically carries over 500 to 1000 tons of salt from one season to the next.

Commissioner Barnett then asked for an approximate cost of the reduction of salt consumption from de-icing efforts.

Commissioner Durkin also requested the total dollar amount of this item. He asked about the anti-icing agent, and whether this is a good hedge on the part of the Village. Ms. Newlon responded that not everyone has gone to anti-icers, as the Village has. Some people are using the liquid applications that the Village used before. There is also some uncertainty in the product for next year,

Commissioner Beckman commented on the salt reduction, asking about the secondary damage to the roadway due to the de-icers. Ms. Newlon said she does not have complete information as to secondary damage to the roadways, but there is less impact on the Village’s own equipment.

Commissioner Durkin inquired as to the maximum amount of salt that can be stored, if there is a light winter next year. Ms. Newlon said that the Village can store about 1200 tons under cover. Commissioner Durkin asked how much of the 80% can the Village store. The Manager said that the 80% figure is about 3300 tons, and the Village could store about 1200 tons. Ms. Newlon said the 3300 tons is what the Village uses in an average winter.

Commissioner Waldack commented that the Village maxed-out its contract this year. He noted that they could store salt under tarps if necessary. He asked how much of the salt that has been stored in the past has been lost. Ms. Newlon said there is no loss as long as it is protected from the weather and is stored under cover. Commissioner Waldack said that last season he thought prices began at over $100 per ton, so this is a good bet for the Village.

The Mayor said this is one of the important services that the Village provides and salt purchase is critical. He commended staff for the job it has done in providing excellent service to the Village. Indexes: Salt

ORD00 -04077 D. Ordinance: Abate a Portion of the 2009 Tax Levy Related to the General Obligation Bonds, Series 2010 Sponsors: Manager’s Office Summary of Item: This abates the 2009 tax levy for the General Obligation Bond Series 2010 in the amount of $430,722.50.

AN ORDINANCE ABATING A PORTION OF THE 2009 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2010

ORDINANCE NO . 5131 The Manager said that the Village was able to refund about $5.8 million of existing bonds resulting in a savings of about $535,000. The County has taken the position that this needs to be abated, or it will show up on the tax bills. Staff recommends approval of this ordinance.

Mayor Sandack explained that the debt was already reduced, and now it must be abated. He thinks it makes sense to be cautious in this case. Indexes: General Obligation Bond – Refund

9.Mayor’s Report

New Business

RES00 -04062 Resolution: Appoint Members to Boards and Commissions Sponsors: Mayor Summary of Item: This appoints Karen Carroll to the Human Services Commission to a two-year term expiring August 31, 2012.

A RESOLUTION APPOINTING KAREN CARROLL TO THE HUMAN SERVICE COMMISSION

RESOLUTION 2010 -18 The Village Clerk read the Resolution appointing Karen Carroll to the Human Service Commission.

Commissioner Waldack said he had the pleasure of interviewing Ms. Carroll. He provided background information and said he believes she will be a wonderful addition to the Commission. Commissioner Waldack also noted that the Chair, Lisa Stach, has resigned. He thanked her for her service to the Village. A motion was made by Commissioner Beckman, 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: Boards and Commissions

Materials to be Placed on File

10.Manager’s Report

11.Attorney’s Report

Village Attorney Enza Petrarca said she was presenting four items to the Council: 1) An ordinance amending parking restrictions on Jefferson Avenue at Hillcrest School; 2) An ordinance amending parking restrictions on Grant Street near Pierce Downer School; 3) An ordinance amending the Comprehensive Zoning Ordinance of the Village of Downers Grove, Illinois, codified as Chapter 28 of the Downers Grove Municipal Code, as amended to rezone property located at 2100 Ogden Avenue; and 4) An ordinance abating a portion of the 2009 tax levy related to the General Obligation Bonds, Series 2010. Future Active Agenda

12.Council Member Reports and New Business

Commissioner Durkin commented on the Spring Downers Grove sales ad with coupons from the local downtown businesses. He urged residents to shop in Downers Grove. He said that there are ads available at Village Hall as well as the Downtown Management Office.

Commissioner Waldack commented on the 2010 Census Bureau information received in the mail advising people of the census questionnaire to come. He noted that it is important to have an accurate count for representation, return on taxes, etc. Commissioner Waldack also received a census data e-mail from Michael G. Conley, urging people to complete the questionnaire. If they are not filled out and submitted, the Bureau will send people to homes to obtain the information. He stressed that the Census Bureau will not ask for Social Security numbers or bank information. They also will not contact anyone by e-mail. The Census Bureau personnel will have an ID and they are trained to do everything outside the door. If anyone has concerns they can contact 911.

Commissioner Neustadt said he and Commissioner Waldack met with the Public Safety Commission regarding 24-hour on-call service vehicles. Staff has found efficiencies by reducing two vehicles, without reducing services to the Village. He further noted that this Thursday, March 11, is Girls’ Night Out, and the downtown merchants will remain open late.

Mayor Sandack said that last week he, together with Commissioners Beckman and Durkin, Village staff, and professionals from the Chamber of Commerce, went to Springfield and met with Representative Tom Cross; Senators Christine Radogno, Bill Brady, Carole Pankau; as well as Jack Lavin and Warren Ribley. He said there will be a Governor’s address tomorrow announcing a proposed reduction in income tax coming to municipalities from 10% to 7%. It is anticipated that the Governor will introduce a two-tiered pension system for new employees. He noted that the Chamber did a great job in getting business leaders together for this trip.

Mayor Sandack then announced that West Suburban Living-Best of the West gave Downers Grove a glowing report, and the Mayor congratulated all of the businesses identified in the article. This bodes well for Downers Grove.

The Mayor announced that this Friday, WGN radio will broadcast from Ballydoyle beginning at 5:30 a.m. He will be interviewed at 6:30 a.m. It is a good showcase for the Village.

Mayor Sandack then asked the Council to consider three public referenda issues for the November ballot. There is an opportunity in November to garner public sentiment on three items: 1) Pension reform. The Mayor noted that Lake Forest and Barrington have placed this on their last primary ballots as advisory only; 2) Term limits. The concept is for three consecutive Commissioner terms, and two consecutive Mayoral terms; 3) Consolidate layers of government regarding township services in a built-out community. The Mayor said these items are brought up to generate conversation and food for thought. These will be on the Agenda for First Reading next week.

13. Adjournment

Commissioner Barnett moved to adjourn. Commissioner Beckman seconded the Motion.

Mayor Sandack declared the motion carried by voice vote and the meeting adjourned at 7:58 p.m.