Skip to main content

February 04, 2003

1. Call to Order

Mayor Brian Krajewski called the regular meeting of the Village Council of the Village of Downers Grove to order at 6:30 p.m. in the Council Chambers of the Downers Grove Village Hall.

Pledge of Allegiance to the Flag

Mayor Krajewski led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Michael Gilbert, Commissioner Thomas Sisul, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and Village Clerk April Holden

Mayor Krajewski said he would like to remind everyone present that the Council meeting is broadcast over the local FM radio station, WDGC . In addition, a tape recording and videotape of the meeting are being made using Village owned equipment. The videotape of the meeting will be used for later rebroadcast of the Council meeting over the Village cable television Channel 6.

The Council will follow the rules of conduct for this meeting as provided in Sec. 2.5 of the Downers Grove Municipal Code. These offer the public the opportunity to comment at several points in the meeting. First, immediately following approval of the minutes of the past meetings, an opportunity will be given for public comments and questions on the active agenda items for this evening’s meeting. Following this, an opportunity is given for public comments and questions on any subject. Finally, if a public hearing is scheduled for this meeting, an opportunity is given for public comments and questions related to the subject of the hearing.

The Mayor stated that at the appropriate time the presiding officers will ask 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. He stated that remarks be limited to five minutes, and asked that individuals refrain from making repetitive statements.

The Mayor said there are agendas located on either side of the Council Chambers, and he invited the audience to pick up an agenda and follow the progress of the Council meeting.

3. Minutes of Workshop and Council Meetings

Council Meeting – January 21, 2003 Workshop Meeting – January 28, 2003 Commissioner Tully submitted corrections to the Village Clerk for the Workshop meeting.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Matthew Strelczyk, 5935 Puffer, asked about the vacation of Hobson Road and which portion of that alleyway is being vacated. He was given a copy of the plat of vacation. B. Comments and Questions on General Matters

1. William Waldack, 1409 Willard Place, said he spoke two weeks ago about the Village’s medical aid system. He said a few days following that meeting he attended the Ice Sculpture festival and saw fire trucks from Lombard, Glen Ellyn, and Brookfield. He learned that in total 25 neighboring Fire Departments responded to assist with the fire at 75th Street in Fairview Commons. He thanked those communities for their assistance. He referenced another community that was discussed at the previous Council meeting as receiving too much aid from the Village. He said in reference to that neighboring community requiring more aid than it gets, it is better to give than receive.

The Mayor reviewed the discussion regarding assistance received by Westmont from the Village and noted that in 2001 the Village went to Westmont 348 times to their 151 times to assist the Village. In 2002 the Village went to Westmont 318 times to their 181 assists to the Village. He noted however, that Westmont counts each vehicle, whereas the Village counts responses.

2. Lindy Studt, 3648 Sterling, said she owned an apartment building at 5128 Fairview Avenue. She asked whether the Village is finished with the repairs to the stop light on Fairview Avenue. She said her sign was damaged. She had an agreement with the Village that she would give 20’ of her property and the Village would improve the stoplight situation. Instead, she got the right-turn only, and the people next door received the stop light. She said the parking lot for her building has an easement for the building behind hers, and people use her parking lot to turn around. She has to resurface it every single year. She said it was not fair to discriminate against her building when none of the other apartments buildings there do not have a right-turn only sign.

Mayor Krajewski asked Jack Bajor to get back to her and also asked that the traffic issues be investigated.

3. Dr. Gordon Goodman, 5834 Middaugh, mentioned that the minutes from the joint meeting between the Economic Development Commission and the Plan Commission November 19 were very interesting. He said the meeting was a good undertaking, and that the Village would be pro-active. He said the moratorium on rights-of-way vacation fits well with the Village’s pro-active plan. He noted that the joint meeting minutes indicated there would be only one item at the December meeting of the Plan Commission, and perhaps the Commission would discuss how they could be members of the Planning Subcommittee.

The Mayor said he thought four members of the Plan Commission were placed on the subcommittee and they have met twice. The subcommittee is made up of four Plan Commission members and four Economic Development Commission members.

Dr. Goodman said he wants to encourage this effort as it is very timely. Mayor Krajewski said that the EDC went through the strategic development plan and discussed how they plan to move forward.

5. Public Hearings

6. Consent Agenda

COR00 -01148 Claim Ordinance: No. 5465, Payroll, January 24, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01149 List of Bills Payable: No. 5464, February 4, 2003 Sponsors: Accounting Commissioner Schnell questioned Item DO951 on page 19, and JE914 on page 24. A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01150 Bid: Award $27,486.55 to Sho-Rack by Kaspar for Modular Newsrack Equipment Sponsors: Manager’s Office A motion was made to Approve this file on the Consent Agenda. Indexes: News Box Ordinance

BID00 -01152 Bid: Award $24,000 to Downers Grove Area Chamber of Commerce for 2003 Village and Business Directory Sponsors: Cable TV A motion was made to Approve this file on the Consent Agenda. Indexes: Chamber of Commerce Directory Passed The Consent Agenda

A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski

7. Active Agenda

MOT00 -01127 Motion: Approve 2003 Heritage Festival Budget Commissioner Tully commented that the role of Heritage Festival in our community is not just an event but a phenomenon.

Commissioner Sisul said that the Tourism & Events Commission has attempted to reduce the expenses and he appreciates their work.

Commissioner Gilbert said that one of the ways to insure that the Heritage Festival continues is to obtain private donations from the families who attend the Festival. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Approve this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Heritage Festival 2003

ORD00 -01151 Ordinance: Vacate a Certain Portion of a Public Alley South of Hobson Road (59th Street) Bounded by Puffer Road and Belmont Road Sponsors: Plan Commission Summary of Item: At their meeting of January 7, 2003, the Plan Commission unanimously recommended approval of an ordinance vacating a portion of an unimproved alley right-of-way located approximately 140 feet south of and parallel to Hobson Road (59th Street), bounded by Puffer Road on the west and Belmont Road on the east.

AN ORDINANCE VACATING A CERTAIN PORTION OF A PUBLIC ALLEY SOUTH OF HOBSON ROAD (59TH STREET ) BOUNDED BY PUFFER ROAD AND BELMONT ROAD IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4523 Commissioner Gilbert moved that this issue be tabled until more information is obtained in deference to e-mails transmitted earlier today between staff and Council.

Commissioner Tully seconded the Motion and explained that in regard to Resolution 99-22 adopted in 1999, the policy procedure with respect to vacation of rights-of-way requires that before a requested vacation be submitted to the Plan Commission, the Council be informed first to determine whether they have any objection to the requested vacation. Commissioner Tully questioned whether that policy had been followed. He stated that the current policy does not mandate that rights-of-way be vacated absent compensation, but says that the Council may place conditions upon the vacation.

Commissioner McConnell asked if this is tabled, what the next step will be. Attorney Petrarca said it could be brought up at a future meeting, and can go back to the earlier level.

Commissioner Schnell asked if they are recommending tabling this until the moratorium is over and Commissioner Gilbert said that was correct

Commissioner Tully said the purpose of tabling this is to determine whether the procedures have been followed. If they have not been followed, it would fall under the moratorium.

Commissioner Schnell said that the petitioner assumed the procedures were followed. She has no problem with the moratorium, but does have a problem with not voting on this, and thinks they should move forward. The petitioner thought they were following the rules. It was not the petitioner’s job to let the Council know.

Commissioner Sisul said the issue is whether or not to table this, and whether to review if the procedures were followed.

Commissioner Schnell said if the procedures were not followed properly then this will come under the moratorium.

Commissioner McConnell asked if they could exempt this item from the moratorium if it is tabled.

Attorney Petrarca responded that any petition filed as of January 28 would be exempted.

Commissioner Gilbert said there are two issues, first whether compensation is due, and whether procedures were correctly followed. He said this tabling is not to deny the petitioner’s request.

Commissioner Tully said this could be in the petitioners’ benefit. This only goes to the Plan Commission if the Council has objections. The policy does not require the Council to vacate land without compensation. He has no problem with exempting it from the moratorium.

Commissioner McConnell asked if this is tabled tonight, whether it can come back to the Council at any time, and Attorney Petrarca said that it could.

Commissioner Schnell asked for clarification that this does not go to the Plan Commission unless the Council says it does, and Attorney Petrarca said that was correct. A motion was made by Commissioner Gilbert, seconded by Commissioner Tully, to Table Indefinitely this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Nay: Commissioner Schnell Indexes: Vacation, Vacation – Alley

RES00 -01153 Resolution: Authorize Agreement With Suburban Bus Division of the Regional Transportation Authority (Pace) Sponsors: Finance and Public Works Summary of Item: This will authorize receipt of a transit grant agreement with PACE for funds in the amount of $48,200.00 which will be applied toward public transportation services. Note, the Village’s estimaed local share of costs if $133,800.00.

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE)

RESOLUTION 2003 -06 Commissioner Zabloudil said PACE has agreed to terminate the agreement if they do not provide the grant money as provided, and that will be incorporated into the Agreement. A motion was made by Commissioner Zabloudil, seconded by Commissioner Schnell, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Pace

RES00 -01154 Resolution: Authorize Agreement with Illinois Department of Commerce and Community Affairs re: Parking Deck Sponsors: Finance and Director of Redevelopment Summary of Item: This will authorize receipt of a grant from the Illinois Department of Commerce and Community Affairs (DCCA) Grant Agreement 02-121173 in the amount of $200,000. These funds will be applied toward the construction of the parking deck.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS (DCCA)

RESOLUTION 2003 -07 A motion was made by Commissioner Schnell to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District – Parking Deck, Illinois Department of Commerce and Community Affairs

RES00 -01155 Resolution: Authorize Grant Agreement with Illinois Environmental Protection Agency re: Drinking Water Sponsors: Finance and Public Works Summary of Item: This will authorize receipt of grant designated as C173299 from the Illinois Environmental Protection Agency for funds in the amount of $711,948. These funds will be used to support infrastructure costs in providing an alternate drinking water source to homeowners with contaminated wells. Note, the matching funds will be supported by a loan through the DuPage Water Commission.

A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

RESOLUTION 2003 -08 The Mayor asked Jack Bajor to provide an update of the timing on construction of the project including the bid documents, and Commissioner McConnell asked that the Council be e-mailed monthly with the status of the project. A motion was made, seconded by Commissioner Tully, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Water Service, Illinois EPA

MOT00 -01157 Motion: Adopt Amendment to the 2002 Sidewalk Matrix Sponsors: Public Works Summary of Item: At their meeting of November 13, 2002, the Parking & Traffic Commission recommended to approve the amended 2002 Sidewalk Matrix. A motion was made by Commissioner Tully, seconded by Commissioner Sisul, to Accept this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Sidewalk Matrix

ORD00 -01159 Ordinance: Amend Parking Restrictions on Parkview Drive Sponsors: Parking & Traffic Commission Summary of Item: At their meeting of November 13, 2002, the Parking & Traffic Commission unanimously recommended to establish parking restrictions along the south side of Parkview Drive located across the street from El Sierra School.

AN ORDINANCE AMENDING THE PARKING RESTRICTIONS ON PARKVIEW DRIVE

ORDINANCE NO . 4475 A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – Parkview Drive

ORD00 -01160 Ordinance: Amend Section 9-23 of the Downers Grove Municipal Code re: Village Officials Sponsors: VOC Summary of Item: This will amend the succession order of certain Village officials in the event of an emergency.

AN ORDINANCE AMENDING SECTION 9 -23 OF THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4476 A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Municipal Code – Amendments

RES00 -01161 Resolution: Authorize Agreement with Browning-Ferris Industries of Illinois, Inc. Sponsors: Manager’s Office Summary of Item: This approves and authorizes execution of a refuse contract between the Village of Downers Grove and Rot’s Disposal, Inc. now known as Browning-Ferris Industries of Illinois, Inc. (BFI).

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND BROWNING -FERRIS INDUSTRIES OF ILLIOIS , INC .

RESOLUTION 2003 -09 A motion was made by Commissioner Zabloudil, seconded by Commissioner Schnell, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: BFI Contract

ORD00 -01162 Ordinance: Abrogate a Certain Portion of a Public Easement in the Village of Downers Grove (1131 Gilbert Avenue) Sponsors: Village Attorney Summary of Item: This will abrogate an access and utility easement in relation to the Georgian Court’s project located along 1131 Gilbert Avenue.

AN ORDINANCE ABROGATING A CERTAIN PORTION OF A PUBLIC EASEMENT IN THE VILLAGE OF DOWNERS GROVE (1131 Gilbert Avenue)

ORDINANCE NO . 4477 A motion was made by Commissioner Schnell to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Abrogation – 1131 Gilbert Avenue

MOT00 -01163 Motion: Appoint Village Treasurer Sponsors: Village Attorney Summary of Item: This will appoint David Van Vooren as Village Treasurer effective February 4, 2003.

Motion to appoint David Van Vooren as Village Treasurer for the Village of Downers Grove Commissioner Tully thanked David VanVooren for stepping into this role on behalf of the Village. A motion was made, seconded by Commissioner Tully, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Village Treasurer

ORD00 -01164 Ordinance: Establish a Moratorium re: Vacation of Public Rights-of-Way Sponsors: Council Workshop Summary of Item: This will authorize a moratorium on the acceptance, consideration or approval of any request for a vacation of public rights-of-way for a period of six (6) months.

AN ORDINANCE ESTABLISHING A MORATORIUM REGARDING THE VACATION OF PUBLIC RIGHTS -OF-WAY IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4478 A motion was made by Commissioner Tully, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Vacation, Vacation – Alley

8. Mayor’s Report

Materials to be Received – Minutes

Finance Committee – January 7, 2003 Liquor Commission – December 5, 2002 & January 9, 2003 Plan Commission – November 19, 2002 A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

Manager Ginex said that the State of the Village has been moved to Saturday, February 22, at 9:00 a.m. in the Council Chambers.

10. Attorney’s Report

Future Active Agenda

11.Standing Committee Reports

Commissioner Tully said that Public Services met on January 31, where they discussed the stormwater utility. He said staff made a good presentation including a brief review of the current program, future expectations, potential benefits, how to go about introducing this program.

Commissioner Tully said they need to establish needs both now and in the future, as well as the potential costs to meet the needs, and the source of funds to meet the costs. He said that staff will follow up on questions asked including the existence of additional revenue, and how to measure the success of the program. He said that another meeting has not been set as yet, though they expect to meet within the next several weeks.

Commissioner Sisul asked the Village Attorney to schedule a meeting for Public Safety.

Commissioner Zabloudil said that the Finance Committee met this evening and discussed the fund balance work sheet, which should be available for review on March 8. He indicated that the Treasurer expressed concern about the health insurance fund and revenues. A budget amendment ordinance was also discussed for February or March. Other revenue options were also brought up.

12. Council Member Reports and New Business

Commissioner Schnell thanked Trisha Steele for doing an excellent job. She also thanked the public for attending the Public Services meeting.

Commissioner Zabloudil made a statement to the Council concerning the upcoming budget meeting to be held tomorrow evening. He said the Council members have a responsibility to provide direction, set strategy, create policy and ensure that the aforementioned is met. He said he personally felt the Council does an excellent job of this. However, there are instances where Council members are guilty of getting into too much detail. It is the Manager’s responsibility to direct, implement and follow up as appropriate to ensure the staff is effectively working as directed. He reminded everyone that the Council has a specific role to follow in the Council-Manager form of government. Commissioner Zabloudil said the meeting tomorrow is to discuss the budget and budget related issues. Issues such as revenue sources, service levels, fund balances, cash balance policy, resource deployment to meet strategic objectives and external changes that impact our community. It is not about discussing the day-to-day operations of the Village or administrative issues, which clearly fall under the authority of the Village Manager. The Village Manager is a professional capable of managing the day-to-day activities of the Village and has done a good job in his role. He said each time issues arise or he hears about a specific concern, he resists the temptation to pick up the phone and call the Village Manager to tell him how to handle the situation. He reminds himself that he has a specific role within the Council-Manager form of government as do each of his fellow Council members.

He reviewed some of the reductions in budget already made by the staff and Village Manager. The Village started this fiscal year in the general fund with an expense budget of $35,877,762 and revenues to match. As of 9/19/02, the budget was amended to $34,562,980 in expenses, a $1,314,844 reduction, or 3.7% reduction. As of 12/31/02, the Treasurer’s report projected the fiscal year end expenses to be $33,492,127 or $1,078,853 below the amended budget, which is 3.1% reduction in expenses from the amended budget. From the original budget, we are projected to be $2,393,697 below or 6.8% lower than the original budget. Baseline head count comparisons to other communities have been conducted. These reveal that our staffing levels are not far off those of comparable size. The ratio of Public Works, Fire Department and Police Department staff on a per thousand resident basis is in line along with the other departments within the Village. Council reviewed and considered these baseline comparisons when the head court levels for this year’s fiscal budget was approved.

Commissioner Zabloudil said the Council will be discussing several bond issues and abatements. The Manager has circulated some options for additional expense reductions that will certainly generate some detailed discussions on the impacts to the community. Regarding cash balances, he said there are a number of options for addressing cash flow issues as to not impact the day-to-day operations of the Village. The cash flow issue brought up at last week’s Council meeting is common to all businesses in varying degrees. Although it is a concern, the Council needs to create the right strategy to address this situation.

He said there are a number of objectives the Manager would like the Council to accomplish starting with tomorrow’s meeting and continuing through the budget sessions. He reminded the Council to keep in mind how their actions will be perceived internally to the Village staff and externally to the community. He said it is his contention that the staff has made the necessary cuts within their powers without impacting service to the community. The Council needs to remember that the staff has no ability to impact the fund revenues, which is an equally important element of any budget issue. No organization has ever saved their way to profitability or balanced a budget without making some adjustment to the revenue element of the equation. He said the Council’s responsibility is to provide direction and allow the staff to manage expenses. The Council needs to do its part to address the revenue trends within the community.

Commissioner Zabloudil said that by continuing to demand expense management without addressing the revenue sources, the Council is not fulfilling its obligation as leaders. Conversely, if the Council only addresses the revenue side of the equation, it is not being fiscally responsible to the citizens. We need balanced fiscal management that addresses all elements of the budget.

He said the Council should continue to support the Manager and staff in their expense reduction efforts, but more importantly should address the revenue side of the budget. He thanked the Council for their indulgence.

Mayor Krajewski reminded everyone that the State of the Village message will be given on February 22 at 9:00 a.m. in the Village Hall Council Chambers. This Wednesday will be the Council’s first budget meeting to be held at 6:00 p.m. in the Public Works Facility, and is the first of what they expect to be many meetings.

13. Adjournment

Commissioner Sisul moved to adjourn. Commissioner Gilbert seconded.

VOTE : YEA – Commissioners Sisul, Gilbert, Zabloudil, Tully, McConnell, Schnell, Mayor Krajewski

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:25 p.m