September 21, 2010

1. Call to Order

M ayor 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

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

Council Meeting - September 14, 2010 There being no additions or corrections to the minutes, Mayor Sandack said they would be filed as submitted.

4. Public Comments - General Comments on Matters Not Appearing on Tonight's Agenda

5. Public Hearings

6. Consent Agenda

Mayor Sandack said item C., a resolution authorizing agreements with Blue Cross/Blue Shield of Illinois, has been removed from tonight's Consent Agenda.  He asked for a motion to approve the Consent Agenda as amended.

COR 00-04258 A.  Claim Ordinance:  No. 5865, Payroll, September 10, 2010

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL 00-04259 B.  List of Bills Payable:  No. 5852, September 21, 2010

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID 00-04256 D.  Bid:  Award $18,249.50 to V3 Companies, Ltd., Woodridge, IL, for 59th Street Streambank Stabilization Project

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: St. Joseph Creek, Stormwater Sewer Watershed Improvement Plans, Watershed Infrastructure Improvement Plan

BID 00-04257 E.  Bid:  Award $561,200.00 to Burke, LLC, Rosemont, IL, for Lacey Creek Streambank Stabilization Project

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Lacey Creek, Stormwater Sewer Watershed Improvement Plans, Watershed Infrastructure Improvement Plan

RES 00-04261 F.  Resolution:  Authorize a License Agreement with Chicago SMSA Limited Partnership d/b/a Verizon Wireless to Install, Maintain and Operate Antenna Equipment on Village Property - 3801 Highland Avenue

Sponsors: Village Attorney

Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND CHICAGO SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS TO INSTALL, MAINTAIN AND OPERATE ANTENNA EQUIPMENT ON VILLAGE PROPERTY

RESOLUTION 2010-69 A motion was made to Pass this file on the Consent Agenda. Indexes: Antenna Equipment

RES 00-04262 G.  Resolution:  Authorize Submittal of Application to the DuPage Community Development Commission (CDC) for the 2011 Community Development Block Grant (CDBG) for the Prentiss Creek Neighborhood Resource Center

Sponsors: Finance

Summary of Item: A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE DUPAGE COMMUNITY DEVELOPMENT COMMISSION (CDC) FOR THE 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE PRENTISS CREEK NEIGHBORHOOD RESOURCE CENTER

RESOLUTION 2010-70 A motion was made to Pass this file on the Consent Agenda. Indexes: DuPage County Community Development Block Grant

MOT 00-04265 H.  Motion:  Note Receipt of Minutes of Boards and Commissions

Sponsors: Information Services

Summary of Item: Technology Commission - September 7, 2010 A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

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

7. Active Agenda

 RES 00-04255 A.  Resolution:  Authorize an Intergovernmental Agreement with the Village of Westmont for Dispatch Services

Sponsors: Police Department

Summary of Item: This authorizes execution of an intergovernmental agreement between the Village of Downers

Grove and Village of Westmont for dispatch services.

A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE VILLAGE OF WESTMONT FOR DISPATCH SERVICES

RESOLUTION 2010-71 Mayor Sandack said that he and his colleagues made a thorough record regarding this last week.  He thanked Westmont and Village staff for accomplishing this. A motion was made by Commissioner Schnell, seconded by Commissioner Barnett, to Adopt this file.  Mayor Sandack declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack  Indexes: Police, VOC

 MOT 00-04240 B.  Motion:  Award $24,000 to Kenig, Lindgren, O'Hara, Aboona, Inc., Rosemont, IL, for Preparation of the 2010 Neighborhood Traffic Study

Sponsors: Public Works

Summary of Item: This awards $24,000 to Kenig, Lindgren, O'Hara, Aboona, Inc. for preparation of the 2010

Neighborhood Traffic Study. C ommissioner Waldack commented that it was good to have a week to assess issues and listen to public input.  He thinks this study should include a much wider area but it needs to move forward.  He had suggested that this wait for the budget discussions, but added that this cannot be done over winter.  By approving this now, the work can be started.  He will vote in favor of this.

Commissioner Barnett commented that he is very excited about this and is a big proponent of it.  He hopes that Council will generate policy decisions that will reflect a change of priorities of the Village in terms of paying more attention to our neighborhoods to insulate them from ever-growing traffic activities.

Commissioner Beckman shared Commissioner Barnett's views.  Periodic assessments are important for a well-functioning Village.    A motion was made by Commissioner Barnett, seconded by Commissioner Beckman, to Authorize this file.  Mayor Sandack declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack  Indexes: Traffic Safety

ORD 00-04246 C.  Ordinance:  Amend Parking in Chase Avenue Lot  

Sponsors: Public Works and Transportation and Parking Commission

Summary of Item: This amends parking provisions in Chase Avenue Lot.

AN ORDINANCE AMENDING PARKING IN VILLAGE OWNED LOTS

ORDINANCE NO. 5151 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: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack  Indexes: Parking Lots, Parking Meter Rates, Parking Permit Rates, Parking Permits

ORD 00-04247 D.  Ordinance: Amend Turning Restrictions  

Sponsors: Public Works and Transportation and Parking Commission

Summary of Item: This amends turning restrictions at the intersection of Main and Maple.

AN ORDINANCE AMENDING TURNING RESTRICTIONS

ORDINANCE NO. 5152 T he Mayor noted that this, and the preceding item, were heard by the Transportation and Parking Commission (TAP) and unanimously approved.

Commissioner Waldack reassessed his position saying this is a dangerous intersection.  He hopes this will be evaluated during the traffic study and he expressed concern about pedestrian traffic.  He referenced a Chicago Tribune article about traffic and pedestrians and reiterated his hope that this intersection be looked at closely.  Enforcement throughout the Village is important.  He also asked that bicycle safety and enforcement be added to this.

Commissioner Beckman questioned the impact of this given the new State law that went into effect yesterday, and whether the Village will have to take a closer look at the "right turn on red" intersections and modifying them with respect to pedestrians in the crosswalk.   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: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack  Indexes: No Turn on Red - Main & Maple

BID 00-04260 E.  Bid:  Award $261,992.00 to K-Five Construction Corporation, Lemont, IL, for 2010 Roadway Patching Project

Sponsors: Public Works

Summary of Item: This awards $261,992.00 to K-Five Construction Corporation for 2010 Roadway Patching Project. Commissioner Schnell stated she is happy to see the Village saved money in other projects in order to do this work.  A motion was made by Commissioner Schnell, seconded by Commissioner Barnett, to Approve this file.  Mayor Sandack declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Beckman, Commissioner Neustadt and Mayor Sandack  Indexes: Roadway Improvements

8. First Reading

REP 00-04204 A. Water Rate Study V illage Manager Dave Fieldman said that no action is required by the Village Council at this time.  An ordinance will be presented to the Council later in the fall regarding the water rates.  He then called upon the Consultant, David Hyder, to make a presentation.

David Hyder, Muncipal and Financial Services Group, presented an overview that included information on the total annual revenue requirements which are comprised of operating and maintenance expenses, planned capital improvements projects, outstanding debt, and contributions to reserves.  Based on projected water sales, the Village's current rates will not produce adequate revenues to cover the costs of operating and maintaining the water system in 2010 or during subsequent years.  The proposal is to increase water rates at 14% each year for the next three years, and 10% after that time.

Three alternative rates structures were presented.  Alternative A is the current rate structure with updated costs.  Alternative B is a fixed charge based on meter size, with a unit rate volume charge.  Alternative C consists of a fixed charge based on meter size, with multiple class inclining block rates.  Each alternative produces the same amount of revenue to the Village.

Mr. Hyder stated that the recommendation is to implement  Alternative B in 2011. This would generate a 14% increase in revenue and increase revenue stability within the Water Fund.  Imposing a fixed charge based on meter size results in greater equity and minimizes the impact on most customers due to the limited change in the structure.

Mr. Hyder then provided information as to the recommende water rates.  The vast majority of meters are 5/8" in size and the corresponding bi-monthly fixed charge per meter would be $8.25 in 2011.  The volume charge per CCF would be $3.30.  A very small user would see an increase in their water bill.  Because of this, the report also includes a phased-in increase.  Under the phased-in model, the fixed charge per meter would be $5.65; the volume charge per CCF would be $3.50.  A small user would go from $17 to $23 bi-monthly with the phased-in alternative, and an average customer would see an increase from $50 to $58 in their billing.  High water users would experience an increase from $132 to $146.  Commercial users who presently pay $331 would see a cost of $371 with Alternative B, and $378 with the phased-in method. As for Industrial/School users, changes in rates would be from the current $662 to $726 with Alternative B, and $745 with the phased-in program.

Mr. Hyder said that they were tasked to look at the miscellaneous fees and found that most are appropriate.  He explained that there are three types of capital fees:

1) Tap fees are fees to recover the cost of labor and materials incurred while tapping the water main for a new connection.  The report recommends that these be increased and adjusted annually.

2) Meter charges are imposed on new customers to recover the cost of the meter and meter installation.  The report recommends that these be increased annually due to normal inflation, and the fact that the Village has been undercharging for larger meters.

3) Capacity fees have two components, connection and capacity to recover capital cost of providing system capacity. The report recommends combining the two separate fees.  He noted that the fees for lines that are 4" or larger are very significant and should be handled on a case-by-case basis.

Mr. Hyder explained that the next step in the process is finalizing the report and presenting an ordinance regarding the rates to the Village Council.

Mayor Sandack asked about assumptions made with respect to the DuPage Water Commission.  Mr. Hyder responded that they are assuming the fees will be going up 10% every year on a ten-year basis.  The Mayor replied that the Commission is tentatively talking about a 25% increase.  Mr. Hyder said that he is comfortable with his recommendation; however, if there were a potential of a 25% increase for five years, the Village rates would not be set appropriately.  Mayor Sandack said that the Water Commission is apparently trying to reprice the water at the actual cost.

Tom LeCren, 545 Chicago, commented that this was a very thorough report and will have a significant impact on users.  He suggested that the report be edited for syntax errors.  He further suggested that the Village does everything it can to get the word out to the public on this.  He also asked why they have to have so many different meter sizes.

Stan Balicki, Assistant Director, Public Works, replied that the different meter sizes are the function of fixtures in the building being served.  Industry calculations gauge the demand for water at any time and the meter has to be sized accordingly.

Mr. Fieldman said that staff would make sure word gets out to the users.

Commissioner Neustadt suggested adding a notice to the water bill.

Commissioner Barnett commented that this is a fantastic study and he urged people to take the time to read it.  It addresses safe, reliable water service, and includes fixed costs, known elements, variable elements, increasing costs, etc.  He asked whether spreadsheets are available to the staff, and Mr. Hyder said that they are.  Commissioner Barnett asked if the variables can be changed and Mr. Hyder responded that they could.

Commissioner Barnett then asked why commercial customer usage appears to change seaonally.  Mr. Hyder responded that the Village is not an industrial city.  Residential service mimics the season and he believes this applies to commercial customers as well.

Commissioner Barnett asked whether commercial customer usage is expected to continue to mimic residential uses.  Mr. Hyder said that they could provide additional information on the commercial users.  In response as to what drives the increase of 14% for fixed costs, Mr. Hyder said that the increase covers administrative costs, customer service, meter maintenance, etc.  Because of the impact and expressing it in terms of a percentage increase, they thought it would be too difficult to get more than the 14% recommended.  He noted, however, that the norm in the industry is 10%-20%.  He said that the higher they make the fixed charge, the less they can provide incentives for conservation.  Commissioner Barnett encouraged pursuing conservation to the highest degree regardless of the cost of the water.

Commissioner Barnett then inquired as to ancillary fees and market information, saying that the Village is not covering ancillary costs now.  He said there is no value in being as cheap as possible.  He then asked about the timing for the proposed ordinance.  Mr. Fieldman responded that the 14% increase is reflected in the budget and staff would like it discussed concurrently with the budget.

Mayor Sandack commented on the 10%-20% industry norm for fixed costs referenced by Mr. Hyder.  The report recommends that the Village collect 14% of total revenue from fixed charges which is double the 7% currently collected.  He asked that the Chamber, the EDC and the Downtown Management Corporation review this report.  He would like all parties to see the true cost and to know that the Village is not trying to gouge anyone.

Commissioner Beckman added his praise of the report as an outstanding analysis and presentation. It helped him come to the conclusion that the fixed rate element makes sense.  With regard to the recommended capacity fee, he asked why they chose the 4" size.  Mr. Hyder responded that is the industry standard.  Commissioner Beckman then asked whether the larger capacity lines are for illustrative purposes, and Mr. Hyder responded affirmatively.

Commissioner Schnell agreed that this was an excellent report.  She expressed concern about educating the public including families, schools, hospitals, etc.  This would go into effect on January 1.  Commercial users have their budgets already set.  The public needs to be aware of these changes.  She noted that many condominium associations have one central meter, and that is a big component of this issue.  She asked whether the reserve policy which is set at "no less than 90 days" of operating expenses should change.

Mr. Hyder said the Village currently has a 90-day working capital reserve that is tied to operating revenue.  He encouraged the Village to tie this to expenses.  In addition, he recommends a repair, replacement and renewal reserve as well.  Over time, that will allow for a self-sustaining system.

Commissioner Schnell commented that she thinks Alternatives A or B are better than Alternative C. Conservation is extremely important, and she is not sure that Alternative B allows for enough emphasis on conservation.  She would like to see a phased-in approach used.

Commissioner Waldack commented that he was impressed with the report and especially the detail.  It is important that the Village staff has access to it.  He complimented Mr. Hyder and his company on their willingness to provide access to the Village staff.  He said that Alternative B makes the most sense to him, and he urged the public to comment on this issue.  With regard to capacity fees, he believes staff will have to come up with a process with which the Council is comfortable.

Commissioner Neustadt discussed the recommendation for tap fees and meter charges, and asked as to current activity.  He said the proposal makes sense to him and addresses some of the issues of the DuPage Water Commission.

Commissioner Beckman inquired what situation would have to prevail for Mr. Hyder to recommend Alternative C.  Mr. Hyder responded that it would be if there is a change in the water usage beyond current consumption.  One concern with Alternative C is that the Village would have to review the classifications of residential, commercial and industrial to determine if they are set up correctly.  The Village is not bumping up against the capacity issues that some communities are facing.

Mayor Sandack said that the staff would do everything possible to get notice out about this to the public.  It is important and instructive in terms of the services that the Village provides.  This needs to be priced right.  An increase of 14% will probably result in a decreased usage.  He said that this study gives the Village a foundation for making changes.  He hopes that people comment on this to the Council.  The Village is only covering 7.5% of the infrastructure costs, which represents pending financial disaster if it isn't changed.  He challenged staff to get the word out on this.  Mr. Hyder responded that the staff was very helpful in giving timely data and input to his staff. Indexes: Water Rates

RES 00-04263 C.  Resolution:  Authorize an Agreement and Addendum with B&W Control Systems Integration re:  SCADA System Improvements

Sponsors: Public Works P ublic Works Director Nan Newlon said this agreement represents the first year of a two-year process to modernize and improve the Village's Supervisory Control and Data Acquisition (SCADA) system.  This system monitors, records and controls the operations of the Village's water system.  The benefits of the project are to upgrade the system's software and hardware, improve system security and disaster recovery, automate data collection, create reporting tools and expand access to the water system to key Village staff.  Our current system is out of date and out of warranty.  This is professional services work that was negotiated by stafft with Baxter and Woodman.  They have provided a high degree of service to the Village in the past.   B&W is triple certified in the critical technologies used by the Village.  They guarantee 24 hours per day, 7-day responsiveness, they employ a certified information systems security professional, and they focus exclusively on government.  Village staff negotiated the scope of this project and identified work that our staff will provide, resulting in a savings of $17,000.  Staff recommends awarding this contract to Baxter and Woodman in the amount of $93,000.00.

Mayor Sandack asked if this was a quasi-sole source.  Mr. Fieldman responded that it was.  The Mayor then inquired about the old system, and Ms. Newlon replied it included desktop computers. Nothing is salvageable.

Commissioner Schnell questioned if there are grants available for the control system.  Ms. Newlon said staff was not aware of funds for control systems, but will continue to monitor it.  She referenced grant funding the Village received for fencing.

Commissioner Barnett asked whether the Village is limiting itself regionally with the quasi-sole source.  Ms. Newlon replied that this is a national firm, but part of the service is to come on-site.  It is important for them to be relatively close.   Ms. Newlon responded to Commissioner Barnett that there is a training element.

Commissioner Beckman asked how long the Village has had a relationship with Baxter and Woodman.  The Manager responded that the Village has had a three-year relationship.   Commissioner Beckman said this is not simply a software program and asked whether it is more software than hardware.  Ms. Newlon said it is about 50/50 between hardware and software.  Staff worked on this extensively with the Village's Information Technlogy Department.   Indexes: SCADA

 ORD 00-04264 A.  Ordinance:  Regulating Permit Placement

Sponsors: Community Development Mr. Fieldman said that this ordinance is a technical change so the Code will match actual practices.  The receipt of the building permit is posted in windows rather than the Building Permit,  Indexes: Permits

9. Mayor's Report

Mayor Sandack said this weekend is the 40th reunion of Downers Grove South Class of 1970.  A proclamation has been prepared and he will make sure it gets to the class members.

Materials to be Received

Materials to be Placed on File

10. Manager's Report

Doug Kozlowski, Director, Communications, gave a presentation of the Village's new website, showing a few examples of the information available and how to access it.  He said that the format is easier to follow.  Mr. Kozlowski then described the fast lane column which includes construction updates, Municipal Code, on-line billing and newsletters.  He noted that the Government, Resident, and Business categories are still on the site, and the site now supports video. There are many new features.

The Mayor said that the Council agrees that the site looks great.

Commissioner Neustadt noted that there is a mobile feature that formats data for mobile devices.

Commissioner Beckman asked whether it is complete or whether things are still being brought over.  Mr. Kozlowski said that staff has spent a significant amount of time bringing things over from the old site, although staff will address anything brought to their attention.

Mr. Kozlowski commented that the September 11 Recycling Extravaganza was a great event with over 1800 cars coming through. They collected over 109,000 pounds of used electronics, 159 American flags, 151 lead acid batteries, and 128 old fire extinguishers, as well as hearing aids and eyeglasses, and furniture collected by  Sharing Connections.  He said this event could not happen without volunteers and thanked all the sponsors.  This was done in partnership with the Park District.

The Mayor said this is an amazing effort and extended his thanks to all.

Mr. Fieldman said that the FY-11 Budget will be published on Friday, September 24.  He invited everyone to a discussion and review of the proposed budget at Fire Station 2 on October 2 beginning at 7:30 a.m.  There will be several opportunities for review and dialogue.

11. Attorney's Report

Village Attorney Enza Petrarca said she was presenting one item to the Council:  An ordinance regulating permit placement.

Future Active Agenda

12. C ouncil Member Reports and New Business

Commissioner Beckman said it was fun to see former students from the "Washington Wise Owls" at the rededication of Washington Park.  The Park will serve this community well.

Commissioner Schnell reminded everyone that next week begins Amnesty Day, saying ithems cannot be put out before noon on the day before their scheduled pickup.

Commissioner Waldack reported on the Taste of Downers Grove and thanked everyone who sponsored and participated in the event. There was a great crowd and great food.  He commented on the beautiful day they had for the Washington Park dedication, saying the band set the atmosphere.  He urged people to enjoy the park.

Commissioner Neustadt wished his wife a Happy Birthday.

Mayor Sandack echoed the comments about Washington Park, saying the dedication was a great event. It was a cooperative event between the Village and the Park District.  He added that this event could be compared to the sharing of dispatch services with Westmont.  He indicated that the municipalities will now have a consolidated dispatch service, and the Village needs to continue to look for more opportunities to partner with others.

The Mayor reminded everyone of the budget meeting on October 2.  There will be many meetings ahead and he urged people to study and understand the Village's budget.  He said he looks forward to conversations with the public.

Mayor Sandack then commented on the memorial for Matt Rheintgen held at Herrick Jr. High.  He said that an area was dedicated to Matt and an oak tree planted in his name.  This is another event that shows how our community cares for one another.  The Mayor said that there are items available for silent auction on Matt's website, mattshope.org.  People can bid on the items to help fund toys for Hope Hospital.

13. Adjournment

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

Mayor Sandack declared the motion carried by voice vote and the meeting adjourned at 8:26 p.m.