December 06, 2011

1. Call to Order

Mayor Martin Tully 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 Tully asked Scouts from Pack 86 to assist him in leading those present in the Pledge of Allegiance to the Flag.

Following the Pledge, Mayor Tully invited three Scouts to introduce themselves.

Luke Rheintgen asked when the roads will be fixed. Commissioner Barnett said the Council and staff are working on this and they would be fixed sooner rather than later. They are working on it.

Scout Trey asked about the difference between a village and a city. Village Attorney Enza Petrarca responded that it is based on the original setup of the community. There is not much difference.

Scout Gavin asked Mayor Tully what his favorite thing to do is in his job. Mayor Tully responded that he enjoys meeting with Scouts because of their energy.

2. Roll Call

Present: Commissioner Marilyn Schnell, Commissioner Bob Barnett, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt and Mayor Martin Tully 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 Tully 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 Minutes - November 15, 2011 M ayor Tully asked for a Motion to approve the minutes as submitted.

Commissioner Schnell moved to approve the minutes as presented. Commissioner Durkin seconded the motion.

The Mayor declared the Motion carried by voice vote.

REP 00-04711 Report: Economic Development Corporation Quarterly Report M ayor Tully commented on the critical role the EDC plays in the Village in terms of its long-term financial health. He then introduced Michael Cassa, the President of the EDC, who presented the EDC's Quarterly Report.

Mr. Cassa commented that it's been four months since he became President of the EDC. They have started to build a larger prospect database including big box retail anchors in order to be ready when the opportunities arise. They have also met with property owners of shopping centers and commercial developments.  Mr. Cassa said that in October the EDC participated in a shopping center conference. They completed Phase IV of the Oasis Program and applications for the Phase V Program are now being reviewed.

Two important business projects will be presented later in the evening. Mr. Cassa said that ad space has been reserved in several publications for 2012, including the Illinois Tourism Guide and Midwest Meetings. An Android and iPhone app for Downers Grove has been completed and is available to be downloaded for i-Phone and Android phones.

Mr. Cassa reported on two important initiatives. The first is a 5-year Strategic Plan proposed for the December 16, 2011 EDC meeting. The Village's Comprehensive and Master Plan will be used as a guide. They will interview key individuals including the Village Council. The Mission and Vision Statements will be reviewed, and goals will be identified. In addition, a branding strategy will be established. The draft reports will contain benchmarks that will be measured quarterly. It is important for organizations to have a Strategic Plan in order to be successful.

Secondly, Mr. Cassa said that at the December meeting he would also launch a funding campaign to invite business and local governments to join the EDC. The campaign goal is to raise $50,000. They will establish a campaign committee and team that will be responsible for visiting potential members. Support, both financial and volunteer, from the private sector is important to the success of the EDC.

Mr. Cassa then commented on the reporting procedure of the EDC. He said they will make an annual presentation to the Village and all governmental bodies, as well as an annual report. The annual report will be published in early February, and will be available on the website. That report will include past projects, statistics, etc. Quarterly reports will also be presented to the Village Council and will be structured to reflect results. The Board of Directors, which meets quarterly, will also receive the annual report. In addition, a quarterly e-newsletter will be available for both the business community and residents. The Executive Committee, including the Mayor, Commissioner Durkin and the Village Manager, will meet monthly. The quarters will begin in May, August, and November, with the annual report being presented in February.

The Mayor thanked him for the quarterly report and the upcoming communication. He appreciates the efforts of the EDC to collaborate with private and public sectors.

Commissioner Schnell commented that reaching out to the private sector is needed. She asked, since tourism funds are limited, whether they will reach out to the hotels to boost tourism.

Mr. Cassa responded that many of the companies they reach out to will have tourism components. There are also grants available that they will pursue. He said they intend to use the mobile app to let people know about Downers Grove and the opportunity for companies to promote themselves.

Commissioner Barnett inquired about other local government entities. Mr. Cassa stated that the EDC would invite them to join the EDC and assist on the financial side as well. Anyone with a stake in the community should help support it. Commissioner Barnett replied that he hopes this proves to be fruitful. Mr. Cassa said there is tremendous talent in Downers Grove.

Commissioner Durkin complimented Mr. Cassa on what he has done so far. He had huge shoes to fill. The Commissioner noted that Mr. Cassa came from Oswego and came in running. He is doing a great job and makes the EDC a better organization, adding that the EDC makes the Village a better place.

Commissioner Neustadt commented that Mr. Cassa listened when he came to the Village. He is going to be reaching out now, and the EDC is a great partner and component to the Village.

Commissioner Waldack thanked Mr. Cassa for his work so far, and for the report.

Mr. Cassa responded that he hears how positive people are in Downers Grove. Companies want to hear about opportunities available to them. The Council and staff are ambassadors.

Mayor Tully commented that it is important to keep a strong and vibrant residential and commercial community. The more they can work together, the better it is for everyone. Indexes: Economic Development Corporation

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

1 . Tom LeCren, 545 Chicago Avenue, said that the green sheets provided by staff are a major communication tool between the Village and those attending Council meetings. He would like to see accuracy addressed, and pointed out an inconsistency with respect to the DuPage Mayors and Managers Conference. There are discrepancies in the funding, the membership costs, as well as other small but questionable items.

2. Frank Falesch, 820 Prairie, spoke about the streetlights in the Prentiss Creek area, because of the cost and because of the grant. He said that the grant made the deal more palatable. He dislikes grants, but without the grant the project probably would not have gone forward. He noted that he's commented on several occasions that the lights are not working.  The lights are a combination of solar power and wind turbines and are not attractive. Members of the Council pushed this project. He said it is ridiculous not to have streetlights due to the lack of sun and wind. He would like to find out what the problems are with the project.

Mayor Tully suggested that a report be prepared as to how they are performing compared to what was expected. He noted that people have not called the Village about outages.

Mr. Falesch responded that he doesn't think the units are good.

The Mayor noted that a federal grant made this project possible. The Village must be mindful of grant money, and if it does not go after those funds, another community will.

Commissioner Schnell noted that at the National League of Cities conference, similar lights were on display. She said it would be important to understand exactly how much energy is produced on a cloudy day. The Town of Gilbert had a chart showing solar energy being produced on sunny and cloudy days. There is still a considerable amount of energy being produced on cloudy days. There should be enough to keep the lights going. She suggested that the batteries be checked to make sure they are functioning properly.

Mr. Falesch then asked about the Benton property and the underground stormwater detention.  Mr. Fieldman said that it has been consolidated into one lot. There is a Village-owned easement on the property. The Mayor said that maintenance obligations are the Village's responsibility.

2. Bill Wrobel, 7800 Queens Court, said he is a member of the Downers Grove Watch Association. He said that the snow forecast is 52" for this area this winter. He contacted merchants today regarding snow removal, and then read the ordinance regarding snow removal. He said that the Village is making an impact. He is encouraging people to keep the piles down and keep the sidewalks clear.

3. David Olsen, 5601 Dunham Road, thanked the Village for the tree lighting and holiday decorations. It makes a great environment and makes the downtown area a nice place to visit and stay.

5. Public Hearings

2011 Aggregate Tax Levy and Abatements for the Village of Downers Grove M ayor Tully called the public hearing to order at 7:43 p.m. pursuant to the Illinois Truth in Taxation Law to consider the proposed 2011 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.

The Mayor summarized the procedures to be followed for the public hearing.

Village Manager Dave Fieldman said there is no new information to present as the proposed levy has not changed since September. The recommended levy amount is $12.98 million, after abatements. The proposed levy is less than last year.

There being no further discussion, the public hearing was adjourned at 7:46 p.m.

6. Consent Agenda

COR 00-04714 A. Claim Ordinance: No. 5927, Payroll, November 18, 2011

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

BIL 00-04715 B. List of Bills Payable: No. 5946, December 6, 2011

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

RES 00-04710 C. Resolution: Authorize Letter of Intent with Will County Governmental League re: Electricity Aggregation

Sponsors:Manager's Office

Summary of Item:A RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF INTENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND WILL COUNTY GOVERNMENTAL LEAGUE

RESOLUTION 2011-89 A motion was made to Pass this file on the Consent Agenda. Indexes: Electric Services

RES 00-04713 D. Resolution: Submit a Ballot Question re: Operation of Electricity Aggregation Program as an Opt-Out Program

Sponsors:Manager's Office

Summary of Item:A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE VILLAGE OF DOWNERS GROVE, DUPAGE COUNTY, ILLINOIS, THE QUESTION OF WHETHER THE VILLAGE SHOULD HAVE THE AUTHORITY UNDER PUBLIC ACT 096-0176 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO HAVE NOT OPED OUT OF SUCH PROGRAM

RESOLUTION 2011-90 C ommissioner Schnell noted that the Village Attorney informed Council members that the ballot question must be presented in both English and Spanish. She said the version on the Village's website is only in English. She asked if the adopted version would be in both languages.

Village Attorney Enza Petrarca said the final version is in both languages and copies of the revised resolution were provided to Council members this evening. A motion was made to Pass this file on the Consent Agenda. Indexes: Electric Services

MOT 00-04716 E. Motion: Renew Class A Scavenger License to Allied Waste Services of North America, LLC

Sponsors:Manager's Office A motion was made to Authorize this file on the Consent Agenda. Indexes: Scavenger-Garbage Collection, Refuse, Recycling, Yard Waste Services

BID 00-04691 F. Bid: Award $29,451.15 to Englewood Electrical Supply, Elk Grove, Illinois, for Supply of Lighting Fixtures for Public Works and Fleet Garage

Sponsors:Public Works Commissioner Rheintgen said this is good for the Village as the Village received a grant for over $32,000 from the Illinois Department of Commerce & Economic Opportunity to cover the costs of the light fixtures. A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works, Fleet Services

MOT 00-04698 G. Motion: Award a Contract for $79,422 to Tank Industry Consultants, Indianapolis, Indiana, for Professional Services for Maple Avenue Water Tower Rehabilitation

Sponsors:Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Water Tower - 2304 Maple

MOT 00-04718 H. Motion: Approve 2012 Sidewalk Matrix

Sponsors:Public Works A motion was made to Authorize this file on the Consent Agenda. Indexes: Sidewalk Matrix

RES 00-04721 I. Resolution: Authorize an Extension to an Agreement with Thompson Elevator Inspection Service, Inc.

Sponsors:Community Development

Summary of Item:A RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THOMPSON ELEVATOR INSPECTION SERVICE, INC.

RESOLUTION 2011-91 A motion was made to Pass this file on the Consent Agenda. Indexes: Elevator Inspections

MOT 00-04732 J. Motion: Award a Contract for $18,180 to Hey and Associates, Inc., Volo, Illinois, for Professional Services for Draintile Investigations

Sponsors:Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Storm Sewers

MOT 00-04740 K. Motion: Award a Contract for $27,895.02 to F.H. Paschen, S.N. Nielsen & Associates LLC, Chicago, Illinois, for Final Phase of the Finley Well House Repairs

Sponsors:Deputy Village Manager A motion was made to Award this file on the Consent Agenda. Indexes: Well House - Finley

MOT 00-04741 L. Motion: Authorize $50,000 to Downers Grove Economic Development Corporation for Tourism Related Activities

Sponsors:Deputy Village Manager A motion was made to Authorize this file on the Consent Agenda. Indexes: Economic Development Corporation

MOT 00-04719 M. Motion: Note Receipt of Minutes of Boards and Commissions

Summary of Item:Environmental Concerns Commission - October 13, 2011 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 Schnell, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully

7. Active Agenda

ORD 00-04708 A. Ordinance: Amend Water Rates and Related Fees

Sponsors:Manager's Office

Summary of Item:This amends the Municipal Code regarding water related Village user-fees, licenses, and fines,

effective January 1, 2012.

AN ORDINANCE AMENDING WATER RATES AND RELATED FEES

ORDINANCE NO. 5235 A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Adopt this file. Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully Indexes: Water Rates

ORD 00-04680 B. Ordinance: Amend Special Use Provisions to Allow Exterior Donation Collection Facilities

Sponsors:Community Development and Plan Commission

Summary of Item:This amends special use provisions to allow exterior donation collection facilities in the B-2

General Retail Business District.

AN ORDINANCE AMENDING SPECIAL USE PROVISIONS TO ALLOW EXTERIOR DONATION COLLECTION FACILITIES Commissioner Barnett moved to adopt an ordinance amending special use provisions to all exterior donation collection facilities, as presented. The motion failed for lack of a second. A motion was made to Adopt this file. Mayor declared the motion failed. Indexes: Zoning Ordinance - Special Use, Special Use - 1520 75th Street

ORD 00-04681 C. Ordinance: Authorize a Special Use for 1520 75th Street to Permit Exterior Donation Collection Facilities 

Sponsors:Community Development and Plan Commission

Summary of Item:This is to be considered only if the previous ordinance amending special use provisions is adopted.

It authorizes a special use to permit exterior donation collection facilities at 1520 75th Street.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 1520 75TH STREET TO PERMIT EXTERIOR DONATION COLLECTION FACILITIES The Mayor said this item is moot as the previous item did not pass. Indexes: Zoning Ordinance - Special Use, Special Use - 1520 75th Street

ORD 00-04591 D. Ordinance: Authorize a Special Use for 160 Ogden Avenue to Permit a Drive-Through Window

Sponsors:Community Development and Plan Commission

Summary of Item:This authorizes a special use to permit a drive through window at 160 Ogden Avenue.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR 160 OGDEN AVENUE TO PERMIT A DRIVE-THROUGH WINDOW

ORDINANCE NO. 5236 C ommissioner Schnell thanked staff and the petitioner for modifying the plan and adding greenspace. She asked if one further modification could be made to switch the handicapped spot with the hash marks to allow more space for the drive through.

Mr. Fieldman said staff will review this matter.

Commissioner Neustadt said this is an expanding business. It is a testament to our community. A motion was made by Commissioner Neustadt, seconded by Commissioner Schnell, to Adopt this file. Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully Indexes: Special Use - 160 Ogden Avenue M ayor Tully asked the audience whether they had any questions with respect to Item C.

Bill Wrobel, 7800 Queens Court, said he was particularly interested in Items B & C on the Active Agenda regarding the shopping center at 75th and Lemont Road. This refers to the Salvation Army request. He said he visited the shopping center, and noted that there is a box overflowing near the Ultra Foods. The box is still there, but there are stickers asking it to be removed. He said that the shopping center is a mixed-use shopping center, and has been used for trucks over the years as well. Other businesses include the operation of a snowplow business at that site. Shopping centers, in his opinion, should be retail. The motor vehicle business operates in the old Barnes & Noble location. The gas station at 75th and Lemont Road has not been addressed for some time. This is a challenging area. Shopping centers are intended to generate sales tax revenue. He said that Barnes & Noble now is being converted to an exercise facility that does not generate the same type of sales tax revenue. The Salvation Army is not the only problem at that corner. There are a multitude of problems. He said the area needs a lot of attention. He invited the EDC to look at this center.

Commissioner Durkin commented that the 75th and Lemont Road corridor is one of the first sites Mr. Cassa saw. He knows it is important to the Village. Commissioner Durkin said he went through the shopping center and the plows are back. There are about fifteen of them, and he asked if anything can be done to have them moved to another part of the center.  Mr. Fieldman said staff will take another look at this. 

8. First Reading

RES 00-04742 A. Resolution: Authorize an Agreement with South East Association for Special Parks and Recreation re: Maintenance and Repair of Vehicles

Sponsors:Deputy Village Manager M r. Fieldman explained that the first two items have to do with a fleet maintenance agreement. He asked Deputy Village Manager Mike Baker to present these two items.

Mike Baker, Deputy Village Manager, said he would address both items A & B under the First Reading. The two agreements will allow the Village to provide fleet maintenance services to SEASPAR and District 58. The Village's Long Range Financial Plan (LRFP) includes a general fund strategy that specifically calls for partnering with others. These agreements are a means of implementing staff strategy. Fees would fully cover the costs involved, and the other agencies would be able to use the Village's fleet maintenance services at a lower cost than available elsewhere. This further allows for preventive maintenance and experience with alternative fuel vehicles.

The Village relied on the Innovation Team, an intergovernmental team, to evaluate all aspects of this arrangement to determine that it was beneficial for the Village and that we have the capacity to undertake these agreements.

The Mayor said he is thrilled to see this example to consolidate services and applauds the efforts made to pursue these opportunities. This provides the potential for larger consolidation in the future.

Commissioner Durkin noted that the City of Darien has reached out to the Village and he asked as to the status of that contact. Mr. Baker said staff is still working cooperatively with them. Commissioner Durkin asked whether the Village would have room for additional organizations, and the Manger said that staff would look carefully at its capacity to meet the needs.  Commissioner Durkin also asked whether there could be a trade-off. He asked about trading services, and suggested that the Park District mow the Village's grass. Mr. Fieldman responded that staff can look at in-kind services.

Commissioner Barnett commented that he is thankful for the willingness to be innovative. However, this could be a path to growth in personnel. He is not entirely comfortable with this, and asked whether the Village is covering department/insurance/payroll costs. The Manager responded that this includes all direct and indirect costs. Commissioner Barnett inquired as to the termination process. Mr. Baker replied that there is a 60-day notice required by either party.

Commissioner Neustadt said he would be one of the users of the fleet services agreement. In response to Commissioner Durkin, he said the Village and District 58 already share equipment. District 58 mechanics do not have the opportunity to work on vehicles, so this will be a huge advantage with respect to speed and efficiency. He looks forward to using this service.

The Mayor said that there are two issues involved. One is to analyze whether to do it yourself or outsource the work. Once the decision is made to do-it-yourself, then consolidation such as this makes sense.

Commissioner Rheintgen said she thinks this is a great idea. She recommended they see how this works before inviting more to participate.

Commissioner Schnell also thanked the staff for doing this. She asked for verification that they will not be hiring additional employees, and the Manager said that was correct.  Commissioner Schnell added that since the Village has the capacity, it makes sense to allow people to do things over and over, honing their skills and allowing them to get better at their jobs. She suggested proceeding cautiously so as not to be over capacity.

Commissioner Waldack said he has some concerns with this idea. It is one thing to pool government resources, but he is concerned that we are starting to provide services in competition with the private sector. Council has had this conversation in the past. He noted that he doesn't necessarily agree that privatization is better than what government provides. He asked about being in competition with private industry, saying they have to be careful in competing with the private sector.

Commissioner Barnett said that the goal is to end up as partners with other government entities so that the footprint on residents and taxpayers is utlimately smaller. He asked for confirmation that this is the lowest cost. Mr. Fieldman said that is how the Innovation Team works. They are always asking the key questions of a high performing organization in terms of the type of business, the cost of providing the service, and ways to cut costs. Staff will provide that information and analysis.

Mayor Tully noted that as part of the analysis they have to determine how to measure success.

Commissioner Schnell said it seems there will be benefits in that they can get vehicles back on the road quicker and allow employees to become more efficient.

The Mayor commented that they have to figure out what they are measuring up front.

Commissioner Durkin asked who else is involved, and the Manager said there is no other involvement. Staff has reached out to all government entities.

Commissioner Barnett asked how many hours they think they will bill in a year. Mr. Baker said that they can provide those estimates once they become available.

Commissioner Neustadt said that the participating agencies will pay the Village for actual costs and parts, materials or outside services.

Frank Falesch, 820 Prairie, asked what convenience there will be and what the mechanics think of this. He also asked how busy the mechanics are. Indexes: Fleet Maintenance

RES 00-04743 B. Resolution: Authorize an Intergovernmental Agreement with the Board of Education of Downers Grove School District No. 58 re: Maintenance and Repair of School District Vehicles

Sponsors:Deputy Village Manager Indexes: Fleet Maintenance

RES 00-04736 C. Resolution: Authorize a Redevelopment/Sales Tax Rebate Agreement with Bentley of Downers Grove

Sponsors:Manager's Office Michael Cassa, EDC President, said this project has been on-going for some time. Bentley is expanding and making improvements to its existing facility including conformance to the Village's Sign Ordinance. The proposed sales tax rebate agreement will provide a 50% rebate of sales tax revenue for ten years, after the base of $5 million in taxable sales is achieved each year. Bentley will operate the dealership for not less than 15 years. Improvements are expected to generate an additional $400 million in taxable sales over the base amount during the proposed ten-year agreement. The Village is expected to receive an additional $2 million in revenues during the ten year period.

Commissioner Neustadt asked what other terms are involved besides the 15-year length of the term. The Manager said the other terms vary.

Commissioner Rheintgen asked if it was Bentley that expanded Luxury Motors, and the Manager said that was correct.

Commissioner Schnell asked whether there is a design plan available. The Manager said a copy would be provided to Council.

Commissioner Waldack asked if the cost of redevelopment of the property is approximately $190,000, and the Manager said that was correct. Commissioner Waldack noted that the Village is giving up sales tax in order to get Bentley to do improvements. He also noted that in the past, with Luxury Motors, there was a holdback in the agreement, and the Village had the opportunity to decide whether to refund some money. He would like to see a requirement for a Council vote to refund money withheld.  The Manager said that Bentley must be in compliance in this agreement. If they are in non-compliance for 90-days or more, it is permanently withheld. There are no out-of-pocket expenses incurred by the Village. There was a difference in the Luxury Motors situation as the Village provided the detention facilities.

Commissioner Waldack said this is a 15-year agreement. He asked about Bentley using another location or the Internet for sales. This could skirt the agreement.

The Manager said if they switch locations they wouldn't agree to the benefits. It is structured so that sales must be here.

Mr. Cassa said if they do not perform, they have to give back all or some of the money.

Commissioner Waldack responded that he hopes they will be better neighbors than Luxury Motors.

Commissioner Durkin noted that this project was started by Greg Bedalov. Bentley of Downers Grove will fill a huge void. He thinks this will be a big win for the Village. There are not a lot of opportunities to move around for Bentley. He does not think they will see the same problems as with the previous dealers. There is the opportunity to do cross sales. He noted that the Village and EDC put a lot of effort into enhancing Ogden Avenue

Commissioner Schnell asked if this includes the property on the south side, and the Manger said this is for the north side only. Commissioner Schnell asked whether they will be able to work out of the south side, and the Manager said they would not. Commissioner Schnell commented that there was less than a good relationship between the previous dealer and the neighborhood. She noted that the agreement provides an incentive to work within the Village's Code.

The Manager said that they have agreed to operate in a more neighborhood-friendly manner.

Commissioner Schnell asked if there were sidewalks there, and the Manager said there are.

Mr. Cassa added that Bentley wants to enhance the site and the entire area. Indexes: Sales Tax Rebate, Redevelopment Agreement - Bentley of Downers Grove

RES 00-04737 D. Resolution: Authorize a Sales Tax Rebate Agreement with the Lemon Tree, LLC

Sponsors:Manager's Office M r. Cassa then addressed the Lemon Tree sales tax rebate agreement. He explained that the Village entered into the agreement with Michael's Fresh Market and Lemon Tree Grocer in 2009; however, Michael's is no longer in business at that location, voiding the 2009 agreement. The proposed agreement includes a rebate for eight years of 100% of sales tax for sale of groceries only, including packaged liquor. Lemon Tree will operate the grocery store for not less than 13 years from the date of the agreement, and 51% of the sales for each quarter shall be from the sale of groceries. At the end of each quarter Lemon Tree will provide sales records to demonstrate that the 51% requirement is being met. The Village will rebate approximately $14,000 in 2012. The proposal provides them with an incentive to enhance and grow their grocery sales.

Commissioner Durkin asked about a breakdown of the figure of $1.4 million for 2012. The Manager said that is the rounded number for last year's sales for grocery items including packaged liquor, and does not include restaurant sales.  Commissioner Durkin then asked if the Village could get audited sales figures. The Manager said the agreement requires the Lemon Tree to provide figures acceptable to the Village's Finance Director. The agreement allows the Village to audit figures provided by Lemon Tree. Commissioner Durkin said he still has concerns about this, and asked if they can do a yearly rather than quarterly rebate.

The Mayor replied that might present a cash flow problem.

Mr. Cassa said that cash flow is a big issue for them. He would like to do everything possible to encourage them to enhance their grocery side of the business.

Mayor Tully noted that this is a unique situation. Lemon Tree is popular and was requested by the community. He is open to giving this a try if it makes sense.

Commissioner Durkin said his concern is whether this is really a grocery store. If the Village puts in an audit request, he wants to be sure that it be done. He understands the financials. He doesn't want this to just be "talk" on the part of the Village.

Commissioner Schnell asked whether 51% is sufficient to maintain it as a grocery store. The Manager replied that this is based on past practice with respect to liquor licenses in the Village. Commissioner Schnell added that she is willing to give this a chance, and wants it to remain as a grocery store. Mr. Fieldman noted that the floor plan is part of the liquor licensing. They cannot creep into the grocery space, as that will violate the liquor license.

Mayor Tully said that the 51% in sales must be on a quarterly basis.

Commissioner Waldack said this is a great business and a great addition to the downtown area. His comments are related to a rebate agreement. This is a partial grocery store and not a typical grocery store. There is no competition in the downtown area for groceries. This is not what the Village expected. This is not fair to other businesses in the downtown. He said that the Village does not offer rebates to other grocers. He is having a tough time supporting this.

Commissioner Rheintgen commented that she feels this is an asset to the downtown area. It is not typical, but she thinks that a typical grocer will not survive in that area. She hopes that the Village does all it can to keep them in town.

Commissioner Barnett said that the rebate is expected to be $14,000. They have asked for a variety of adjustments. Based on the previous agreements, it is a net zero change. This is a request for an agreement that is essentially the same as the one they had with Michaels. He will support this.

Mr. Cassa commented that they are depending upon themselves, and it is for groceries and packaged liquor only. They are not dependent upon another business for their success. It is up to them and their responsibility to make this work. Indexes: Sales Tax Rebate

RES 00-04738 E. Resolution: Approve Final Plat of Subdivision for 2110 Prentiss Drive

Sponsors:Community Development and Plan Commission T om Dabareiner, Director, Community Development, said he would address this and the next item. These items are a resolution and an ordinance for a Final Plat of Subdivision and a Final Planned Development Amendment to PD #1 for the construction of an addition to the existing clubhouse building. The Final Plat of Subdivision will consolidate three lots into one lot. He showed the location of the proposal on an overhead projection. The Clubhouse will increase its size to 7,750 square feet. It will include a new leasing center, community resource center, cyber café, business and fitness center as well as offices. The pool area will include an expanded deck and outdoor kitchen. There will be a dog park enclosed on the west side. The petitioner will re-construct the existing parking lot. The proposal meets the minimum lot dimension requirements. There are no new infrastructure requirements. Mr. Dabareiner said they are proposing a new stormwater detention facility. This item was considered by the Plan Commission at its July 11, 2011, meeting, and was unanimously recommended for approval. Staff concurs with that recommendation. He noted that the new parking lot will have two-way traffic circulation.

Commissioner Schnell said she was happy to see investments being made to this complex, and that the resource center is being incorporated into this addition. She thanked the sponsors for their work on the previous resource center and said this will improve the area. Indexes: Planned Development #1-Meadowbrook Shopping Center, Subdivision - 2110 Prentiss Drive

ORD 00-04739 F. Ordinance: Approve a Final Planned Development Amendment to Planned Development #1 for an Addition to the Prentiss Creek Clubhouse

Sponsors:Community Development and Plan Commission Indexes: Planned Development #1-Meadowbrook Shopping Center, Subdivision - 2110 Prentiss Drive

9. Mayor's Report

ComEd Reliability Report

The Mayor said that ComEd has completed three equipment-related improvements, and tree trimming will commence next year. He noted that a map will be on the Village website and the Village will require ComEd to notify residents as to the trimming schedule to the extent possible. After passage of the Smart Grid Legislation, there were protocols with ComEd to improve responsiveness in communications. Through the DMMC, three Mayors and managers have attended meetings regarding ComEd and the protocol discussions; however, it has been difficult to reach an accord. He invited Council members to attend the meetings.

Commissioner Durkin noted that last week some lines were replaced in the El Sierra area, particularly around his home. He asked if this was part of discussions with ComEd. Mr. Fieldman said he was unaware of the work, but this was a problem area earlier identified. He said staff will obtain more information and provide it to him.  

New Business

DuPage County Stormwater Management Planning Committee

The Mayor said that a draft ordinance has been out for comments on the County's Stormwater Ordinance. The general consensus is that it is a great improvement, but not perfect. However, the consensus also is that it should go forward. The Ordinance was not presented at today's County meeting, but it is anticipated that it will be presented at the January 17, 2012, meeting.

RES 00-04686 Resolution: Appoint Members to Boards and Commissions

Sponsors:Mayor

Summary of Item:This appoints Kelly Johnson and Sophie Bowerman to the Human Service Commission for

three-year terms expiring August 31, 2014.

RESOLUTION APPOINTING MEMBERS TO THE HUMAN SERVICE COMMISSION

RESOLUTION 2011-92 C ommissioner Barnett commented that the new members come as volunteers with appropriate experience. They are currently stay-at-home moms with a great deal of professional experience and are well qualified. He said he appreciates the Council's consideration of these appointments. The Human Service Commission is underutilized and he looks forward to their involvement.

Commissioner Waldack thanked the outgoing members Mr. Jacoway and Mr. Meaney. A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Adopt this file. Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully Indexes: Boards and Commissions

10. Manager's Report

Manager Fieldman said that staff plans to cancel the December 20 Village Council meeting. Next week's meeting on December 13 is the last meeting of 2011.

11. Attorney's Report

Village Attorney Enza Petrarca said she was presenting six (6) items to the Council: 1) 2011 Aggregate Tax Levy Ordinance; 2) Ordinances abating a portion of the 2011 tax levy related to the general obligation bonds, Series 2005, Series 2007, Series 2008A, Series 2008B, Series 2009; Series 2010 and Series 2010B; 3) An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2011 and ending on the thirty-first day of December 2011 for Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Service Area); 4) An ordinance for the levying of taxes for the fiscal year commencing on the first day of January 2011 and ending on the thirty-first day of December 2011 for Village of Downers Grove Special Service Ares #3 (Prince Pond Special Service Area); 5) A resolution approving the final plat of subdivision for 2110 Prentiss Drive; and 6) An ordinance approving a final planned development amendment to Planned Development #1 for an addition to the Prentiss Creek clubhouse.

Future Active Agenda

12. Council Member Reports and New Business

Commissioner Neustadt announced that the Village is hosting a winter coat drive. Drop boxes are located at the Village Hall and the Police Department. They will be donated to Sharing Connections and coats will be collected until January 8, 2012.

On December 8, the Chamber of Commerce is holding a holiday after hours and toy drive event at the Downers Grove Golf Course from 5:00 p.m. to 7:00 p.m..

Commissioner Neustadt thanked the Public Works crew for the tree lighting work and the ceremony.

Commissioner Rheintgen commented that the tree lighting piece on the website is a great job. It's a wonderful commercial for Downers Grove.

Commissioner Waldack encouraged people to shop in Downers Grove.

Regarding the agenda format, Commissioner Waldack said that a potential flaw in the format was made when the agenda was modified to include comments on non-agenda items. Feasibly there could be many people ready to talk on a topic on the agenda, but if the item comes up without a motion or second, it dies. He asked that they look at this and possibly reinstate allowing public comments on agenda items at the beginning of the meeting. He asked staff to look into this.

Mayor Tully replied that they try to be mindful of this.

Commissioner Schnell commented on the latest Traffic Logic Newsletter, which she sent to the Manager. It is extremely timely talking about traffic calming, safer travel, etc. There is a lot of timely information in this document and she suggested that it be distributed to staff and the rest of the Council.

Mayor Tully said that the tree lighting ceremony was well done and extremely well attended. Friday was also the start of the Gingerbread Festival.

The Bonfield Express had record attendance, and it was a great race.

The Mayor congratulated Highland School on receiving the National Blue Ribbon Award from the U.S. Department of Education. The ceremony acknowledging this award will be held on Thursday, December 8, at 9:00 a.m. 

13. Adjournment

Commissioner Schnell moved to adjourn to Executive Session pursuant to Section 2(c)(1) of the Open Meetings Act to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees. Commissioner Durkin seconded.

VOTE: YEA - Commissioners Schnell, Durkin, Rheintgen, Barnett, Neustadt, Waldack, Mayor Tully

Mayor Tully declared the motion carried and the Council convened into Executive Session at 9:31 p.m.