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February 18, 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

Executive Session Minutes for Approval Only – January 21, 2003 Council Minutes – February 4, 2003 Budget Workshop – February 5, 2003 Workshop Minutes – February 11, 2003 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

4. Public Comments and Questions

Mayor Krajewski welcomed District 3 County Board Member Kyle Gilgis.

Ms. Gilgis, 6501 S. Wells, presented a check in the amount of $199,390 to the Village in connection with the disbursement of solid waste funds based on population. She said as Chairman of the DuPage County Solid Waste Committee her goal has been to turn recycyling over to businessmen.

Mayor Krajewski thanked Ms. Gilgis for her work.

Manager Rick Ginex said Douglas Kozlowski, Public Information Officer, was recently recognized by and presented with a plaque from the National Association of Telecommunications Officers Advisors for over ten years of outstanding public service.

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

Bob Kollmar, 1420 Concord, said there is a critical need for bus service in Downers Grove. He said it is a valuable asset, not a budget pawn. He has had experience managing bus systems. He feels that the Village’s buses have only used a fraction of their total useful life. He said the buses carry 300 riders each day and they rely on the bus service. The drivers operate in an efficient, courteous and safe manner. He said an additional traffic in the form of 300 cars per day would be generated if the bus service is discontinued.

Mayor Krajewski asked Mr. Kollmar where his information came from as it was not all accurate.

Mr. Kollmar said it was from public information as well as staff. He said he has also met with Burlington Northern and Metra officials. He said he is not aware of a community considering down grading their bus service. He feels the bus service is very important.

The Mayor said there have been no discussion of buses as they relate to the budget yet. He said PACE runs in Du Page County and are cutting routes. He said Downers Grove is the only municipality in Du Page County that has a bus service.

Mr. Kollmar said the riders are willing to pay their share plus more for the bus service. Citizens and voters want this.

The Mayor said the Village has secured grants for the last several years to offset the cost of the bus service. Council needs to look at long-range plans for replacement of the buses. With regard to parking issues, the Mayor said the Village will probably offer residents the opportunity to take non-residents permits. He reviewed parking created in the downtown area over the last few years.

Commissioner Schnell said the Village reviewed transportation issues approximately five years ago. She said one of the issues is increasing ridership. The Village has never been able to increase ridership above 300 riders. She asked Mr. Kollmar for his suggestions.

Mr. Kollmar said there are things that can be done to increase ridership.

The Mayor said the staff is looking at increasing fares. He reviewed the ridership and said the Village might want to consider smaller buses. He said the Council has not yet seen the transportation fund in the budget. He said the Village runs a charter service for the buses which reduces the deficit but increases liability. He said the Village currently carries a $20 million umbrella liability policy.

Richard Muller, 1410 Concord Drive, said he is a 20-year resident of the Village. He said he takes the buses when he commutes downtown. He referenced a study provided by Commissioner Gilbert. He said he is willing to accept a rate increase. He said buses alleviate traffic downtown and elsewhere. Environmental factors should be considered. He said the age of the buses is not a problem. He urged the Council to approach this matter without preconceived notions.

Commissioner Tully said the Council has an obligation to 50,000 residents to scrutinize all departments. He said that regarding the buses, the key is ridership. Buses will only relieve traffic if they are full and they will only improvement environmental issues if people ride them. He said all pieces of this issue will be examined.

Mr. Muller said the buses make a big difference at Heritage Festival.

5. Public Hearings

6. Consent Agenda

COR00 -01177 Claim Ordinance No. 5469, Payroll, February 21, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01178 List of Bills Payable, No. 5468, March 4, 2003 Sponsors: Accounting Commissioner Schnell asked about the attendance and the numnber of hotel rooms used in connection with the Ice Festival. Mary Scalzetti, Director, Tourism and Events, said she would research this and report back. A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01166 Bid: Award Contract to Harvard Collection Services, Inc. Sponsors: Finance A motion was made to Approve this file on the Consent Agenda. Indexes: Collection Agency Services 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

RES00 -01165 Resolution: Authorize Execution of an Agreement with Astro Amusement Company, Inc. Sponsors: Tourism and Events Commission Summary of Item: This will authorize an agreement with Astro Amusement Company, Inc. for the 2003 Heritage Fesitval.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ASTRO AMUSEMENT COMPANY , INC.

RESOLUTION 2003 -10 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: Heritage Festival 2003

RES00 -01167 Resolution: Authorize Submittal of a Grant Application to the Illinois Department of Natural Resources re: Lacey Creek Sponsors: Finance and Manager’s Office Summary of Item: This will suthorize submittal of a grant application to the Illinois Department of Natural Resources Conservation 2000 Funding Program in the amount of $10,000.00 for the Lacey Creek Restoration Management and Stewardship activities.

A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES

RESOLUTION 2003 -11 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: Illinois Department of Natural Resources, Lacey Creek

RES00 -01169 Resolution: Authorize Execution of a Sales Tax Rebate Agreement between the Village of Downers Grove and Gartner Holdings, Inc. re: Saab Sales Tax Incentive Sponsors: Economic Development Commission Summary of Item: This will authorize a sales tax rebate agreement with Gartner Holdings, Inc. The agreement provides for a sales tax rebate over seven years of new sales tax revenue received by the Village due to the construction of the Gartner Saab.

A RESOLUTION AUTHORIZING EXECUTION OF A SALES TAX REBATE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND GARTNER HOLDINGS , INC.

RESOLUTION 2003 -12 A motion was made by Commissioner Zabloudil, seconded 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: Sales Tax Rebate

ORD00 -01170 Ordinance: Amend Parking Regulations Sponsors: Police Department 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: Parking Regulations, Parking Restrictions, Handicapped Parking

ORD00 -01131 Ordinance: Abate a Portion of the 2002 Tax Levy Related to the General Obligation Water Bonds, Series 2001A Sponsors: Finance Summary of Item: This will abate the 2002 tax levy for the General Obligation Water Bond, Series 2001A in the amount of $517,455.00.

AN ORDINANCE ABATING A PORTION OF THE 2002 TAX LEVY RELATED TO THE GENERAL OBLIGATION WATER BONDS , SERIES 2001A

ORDINANCE NO . 4480 Mayor Krajewski said the abatement ordinances were tabled in December pending further information from staff. He reviewed the tax levy presentation of November 2002. He said the 2001 tax rate for the Village was $0.2887 and reviewed the tax rates for the other taxing bodies. He said the tax rate for the Village adopted in December was kept the same assuming abatement of all eligible debt service payments.

The Mayor said if only the General Obligation water and CBD TIF Series 2001 debt services are abated, the 2002 tax rate for the Village will be $0.3697. He compared the proposed tax rate to the 2001 tax rates of neighboring communities and noted that Downers Grove is still the lowest of those communities that have property taxes. He said the effect of the proposed tax rate on a home with a market value of $300,000 is an increase of $95.43.

The Mayor outlined the Village property taxes as a percent of public safety expenses. He said it 1985-86 the property tax levy covered 68% of the public safety budgeted expenses. In 2003-04, the property tax levy will cover 14% of the public safety budgeted expenses.

Commissioner Tully said the Council is obligated to abate the debt service on the water bonds as there is a water revenue surplus. A motion was made, seconded by Commissioner Tully, 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: Tax Levy Abatement, Tax Levy – 2002/03

ORD00 -01122 Ordinance: Abate a Portion of the 2002 Tax Levy Related to the Fairview Avenue Debt Service Sponsors: Finance Commissioner Schnell moved to adopt an ordinance abating a portion of the 2002 tax levy related to the Fairview Avenue Debt Service. A motion was made to Adopt this file. Mayor Krajewski declared the motion failed. Indexes: Tax Levy Abatement, Tax Levy – 2002/03

ORD00 -01123 Ordinance: Abate a Portion of the 2002 Tax Levy Related to the General Obligation Bonds, Series 1999 Sponsors: Finance Summary of Item: This will abate the 2002 tax levy for the General Obligation Bond, Series 1999 in the amount of $379,065.00.

AN ORDINANCE ABATING A PORTION OF THE 2002 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 1999 Commissioner McConnell said she intends to vote for only those abatement required. She will vote against the others due to the current economic situation.

Commissioner Tully asked about the Village’s obligation to abate the $300,000 in the General Obligation TIF bonds.

Dave Van Vooren, Deputy Village Manager for Administration, said the Village is required to abate taxes for the GO TIF bonds equal to the estimated TIF incremental receipts, which is anticipated to be $300,762.50 in 2002. It can be applied in any percentage to all the existing CBD TIF bonds.

The Mayor said that when the downtown infrastructure was first contemplated, the Council discussed that approximately 1/3 of the expenses were to be paid from the capital fund. A motion was made by Commissioner Gilbert, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion failed by the following vote: Votes: Yea: Commissioner Gilbert and Commissioner Schnell Nay: Commissioner Sisul, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Tax Levy Abatement, Tax Levy – 2002/03

ORD00 -01124 Ordinance: Abate a Portion of the 2002 Tax Levy Related to the General Obligation Bonds, Series 2000 Sponsors: Finance Summary of Item: This will abate the 2002 tax levy for the General Obligation Bond, Series 2000 in the amount of $433,718.76.

AN ORDINANCE ABATING A PORTION OF THE 2002 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2000 A motion was made by Commissioner Gilbert, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion failed by the following vote: Votes: Yea: Commissioner Gilbert and Commissioner Schnell Nay: Commissioner Sisul, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Tax Levy Abatement, Tax Levy – 2002/03

ORD00 -01125 Ordinance: Abate a Portion of the 2002 Tax Levy Related to the General Obligation Bonds, Series 2001 Sponsors: Finance Commissioner Tully discussed the reasons these abatements are not taking place except for those required. Under other circumstances these tax levies have been abated. He said the General Obligation CBD bonds were used to replace the infrastructure. These taxes were abated for four years, but the revenues are not there this year. He said this has nothing to do with the redevelopment or the performance of the TIF .

Mayor Krajewski said the interest and debt will be paid from loans from the capital fund and parking funds. The money collected as a result of not abating these tax levies will go to the general fund. He said the effect is as if the Council had voted to increase taxes by $.04 in December as depicted in Scenario IV of the 2002 tax levy options presented by staff.

Commissioner Schnell said all but $75,000 of the Fairview Avenue tax levy was paid by the gas tax and yet the Council did not abate the levy.

Deputy Village Manager Dave Van Vooren said according to the bond ordinance, the sale of the bond was specifically as a general obligation bond issue. It raised $2.1 million. Regarding the water bond and the CBD TIF , Mr. Van Vooren said these ordinances must be abated to the extent of the revenue generated by the water and TIF funds. The bonds are backed by alternate revenue sources and the full faith of the Village.

Commissioner Tully said this amounts to the portion that has to be abated.

Mayor Krajewski said if the Council had adopted the $.04 increase in December, all of these ordinances would have been abated.

Commissioner Gilbert said he voted to abate all the ordinances. This is a tough year, but he said he feels the Council made a commitment and should honor it. He is not convinced the budget cannot be balanced. He said it is a handicap not knowing the expense side.

The Mayor said the Council needs to find $2.5 million to get to a $34 million budget.

Commissioner Gilbert said he agreed with the $.025 sales tax. Other measures have been discussed. He is aware of the need to raise some money, but he wants to look at the line items.

Commissioner Schnell said she firmly believes the Council made a commitment to the residents. She said she thinks the Council can get to $35.8 million on the revenue side. An increase in property tax will hurt those who have lost their jobs and those on fixed incomes. An increase of $.025 in sales tax will effect those with disposable income. She is concerned that an increase in property taxes may be too much for some residents to pay.

Commissioner Tully asked about the commitment to the residents. He said the cost of the infrastructure improvements was $12-15 million and was not an option. He said it does not seem realistic that the Council would promise to always abate this and that this would never come out of property taxes. Without the TIF , these costs would have come out of property taxes from the start.

Commissioner Schnell said approximately $12 million was related to the infrastructure and $13 million was not. She said the $13 million portion is a benefit to the community but not to the infrastructure. She heard over the years that this portion would not cost the community anything because it is a TIF expense. She feels that should be abated because that is what was said. She said Council members may have decided differently on some of the construction materials had they known the money was coming from the general fund. She added further that she feels the people on Fairview Avenue are being double taxed.

Commissioner Tully said the TIF is a tool, but not a commitment.

The Mayor said it was never intended that the TIF would pay the full amount of the tax levies. It was intended to pay 2/3 with 1/3 from the capital projects. He said he was not sure where the promise came from.

Commissioner Gilbert said the TIF was put in place in order to make the improvements. To the extend that the capital funds could support it, they would be used. He felt the TIF was a good thing as long as it was used in the right way. The real question is what the expense side of the budget looks like. He still feels the Village can have a $34.5 million budget and provide adequate services.

Commissioner Sisul said all sides of this matter have been considered. A motion was made by Commissioner Zabloudil, seconded 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: Tax Levy Abatement, Tax Levy – 2002/03

ORD00 -01126 Ordinance: Abate a Portion of the 2002 Tax Levy Related to the General Obligation Bonds, Series 2002 Sponsors: Finance Summary of Item: This will abate the 2002 tax levy for the General Obligation Bond, Series 2002 in the amount of $264,732.50.

AN ORDINANCE ABATING A PORTION OF THE 2002 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2002 A motion was made by Commissioner Gilbert, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion failed by the following vote: Votes: Yea: Commissioner Gilbert and Commissioner Schnell Nay: Commissioner Sisul, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Tax Levy Abatement, Tax Levy – 2002/03

8. Mayor’s Report

Materials to be Received – Minutes

Economic Development Commission – December 11, 2002 Joint Meeting of the Strategic Planning Committee and the Plan Commission – January 20, 2003 Library Board – January 8, 2003 & January 22, 2003 Liquor Commission – February 6, 2003 Parking & Traffic Commission – January 8, 2003 Public Services Committee – November 26, 2002 Stormwater and Flood Plain Oversight Committee – October 9, 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 Proclamation

The Mayor proclaimed Thursday, February 20, 2003 as Junior League of Kane and DuPage Counties Day.

New Business

Mayor Krajewski said the Manager will set up a meeting between the Plan Commission and the Council in April. He said he and Commissioner Sisul will meet with the chair of the Plan Commission next week to review goals.

Commissioner Zabloudil suggested inviting the EDC members to attend in order for all groups to be clear as to the goals.

9. Manager’s Report

The Manager said there are two sessions scheduled on Monday, February 24 to discuss the ongoing groundwater issues in Downers Grove. These sessions will be held from 2:30 p.m. to 4:30 p.m. and again from 6:30 p.m. to 8:30 p.m. in the Council Chambers. He said the Village, US EPA and Illinois EPA as well as others will be represented.

The Manager said DuPage County will begin work in March on Main Street from 55th to Carol.

The Mayor asked Mr. Ginex to have staff look into when the parkway along Main Street will be fixed.

Mr. Ginex said due to the heightened security alerts residents have asked for specific things they can do to prepare for an emergency. The Village has a home emergency checklist as well as a pet emergency preparedness checklist available to residents.

10. Attorney’s Report

Future Active Agenda

11.Standing Committee Reports

Public Services and Public Safety Committees did not meet.

Finance Committee

Commissioner Zabloudil said the Finance Committe met. The agenda consisted of a review of the Treasurer’s report, a budget update and a review of revenue.

12. Council Member Reports and New Business

Mayor Krajewski discussed possible candidate forums. He said four different organizations have requested broadcastings; a fifth organization was told the Village could not cover it due to the number of requests. In the past only one or two organizations have asked. He said the Council needs a policy to determine what to cover and it needs to be consistent.

Commissioner Sisul said he has spoken with Council members. The Council would like to know the costs involved and whether the organizations can be charged. He asked if it was appropriate to change a decision. He said the policy needs to be fair and have equitable criteria. He suggested discussing this next week.

Commissioner Zabloudil suggested looking for common threads that would allow the Council to use discretion.

Commissioner Sisul suggesting looking at what other communities do.

Commissioner Zabloudil said the forums are powerful. He suggested that perhaps the organizations could tape them and Cable TV will play them.

Commissioner Gilbert agreed with Commissioner Sisul that this should be brought back next week for discussion.

The Mayor said the Village has sent out invitations to the candidates regarding taping a 5-minute “Meet the Candidate” spot. He suggested this spot be offered to other taxing bodies in the Village.

Commissioner McConnell said the policy must be fair and equitable. She said she would be willing to set a fee for this. On another matter, she thanked Mr. Ginex for the emergency information and mentioned Social and Health Services as another resource.

Commissioner Tully said he supports candidate forums. He said community access television is the modern version of the public square and should be used to the extent available.

Commissioner Tully said the Downers Grove Junior Woman’s Club Taste of the Town will be held on February 28 at 7:00 p.m. He said the proceeds of this event will be invested back into the community.

Commissioner Tully said District 58 was unable to go forward with a new band room at Herrick. He suggested the Council consider a community performing arts center for government entities as part of the Curtiss plan development.

The Mayor said a committee was put together in the ‘90s to consider this matter. He has met with Linda Kunze and others looking to put a performing arts center together now. Discussion has centered around the Masonic Lodge as it may be possible to convert a portion of the Lodge into a theater.

The Mayor reminded the audience that the State of the Village address will be held at 9:00 Saturday in the Council Chambers. He congratulated Tom Sisul on being named the 2002 Citizen of the Year.

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 8:00 p.m