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March 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 – February 18, 2003 State of the Village – February 22, 2003 Workshop Meeting – February 25, 2003 Budget Workshop – February 25, 2003 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. DARE Plaque Presentation St. Joseph’s School Presentation – Phil Bartnicki The Mayor welcomed the 4th grade class from Pierce Downers School, where he visited earlier, and noted that they sent him back to the Council with some questions for the Commissioners. The question first asked was, “Is it hard being a Village Commissioner?”

Commissioner Sisul responded that it is time consuming and difficult to study all of the materials they receive weekly and to keep track of all of the events taking place in the Village. However, he said that the benefits obtained from being a member of the Council far outweigh any difficulties.

The Mayor then asked “Why did you wish to be a Commissioner?

Commissioner McConnell responded she wanted to be a Commissioner because she believes community involvement is beneficial to all residents of the community.

DARE Plaque Presentation

Deputy Police Chief Pam Church introduced Officers Michalski and Niewold of the DARE program, and Steve Herbeck, Property Manager of CB Ellis.

Officer Michalski explained the relationship between the CB Richard Ellis and the Downers Grove DARE Program since 1996. The Company hosts a book fair twice a year with some proceeds going to the DARE program. She thanked them for the support, stressing that support of the community is essential in the success of the program. She then presented Mr. Herbeck with a plaque in appreciation for their support.

St. Joseph’s School Presentation – Phil Bartnicki

Mr. Bartnicki, President of the St. Joseph’s School Board introduced Joe Smith, President of the Student Council. Mr. Smith, on behalf of the students of St. Joseph’s, thanked the Council and Mayor for the stop light and for the safety provided to the school. He then had the representatives of each grade present a thank you card signed by the students. Presentations of candy and cards were made to members of the Council.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

William Vollrath, 6818 Osage, said he was a 15-year resident of the Village, a taxpayer, and is employed with a financial concern. He spoke regarding the budget amendment to move grants and other monies from certain departments to other funds, such as the Library Fund, Risk Insurance Fund, and the General Fund. The Mayor said that this concerns revenues received that were not anticipated previously, and those funds are being put into the appropriate funds. The funds in the Risk Management area are to cover a deficit.

Mr. Vollrath urged the Council not to remove funds from any public safety department. The Mayor said no funds are being taken away. Revenues being received from grants are being placed into the budget. Mr. Vollrath then urged that they not transfer any grants received by the Police Department and Fire Department, regardless of whether it is in excess of the current budget, until they have done a full analysis of what the public safety department needs are in this Village, in terms of training, manpower and equipment. He is concerned because in the last six months his neighborhood has had three major residential fires. The Mayor clarified again, that the money is being placed into those departments. It is not being taken out of the departments. Mr. Vollrath said he understood this is money that is in excess of what is budgeted. He urged them to slow down and not move the funds. He said that tonight the Village Council is voting to transfer some of those funds into the General Funds to be used for debt services. The Mayor said that was incorrect. They are voting to amend the budget to include those revenues. Commissioner Tully said that the grants came in after the budget was adopted. It is a retroactive amendment to put those grants in Police and Fire Funds.

Mr. Vollrath said he is concerned about the Village’s public safety since there were three residences in his neighborhood totally destroyed by fire. He said he understood that there have been cutbacks in terms of overtime and equipment purchases, and he asked that the Council makes sure they are providing sufficient training, equipment and manpower.

B. Comments and Questions on General Matters

Ken Lerner, 4933 Whiffen Place, said he was present on behalf of the Downers Grove Watch organization. He said he understood that the Village has made the means available for public access to the cable station for a candidates’ forum on Saturday at the Village Library from 3-5 p.m. He invited everyone to attend.

The Mayor said the Village Manager and staff made this available to Districts 58 and 99 and the Park District as well.

Leslie Opila, 6613 Fairmount Avenue, said she has lived in the Village for about 2-1/2 years. She wanted to get factual information regarding the future of the Commuter Service. The Mayor said there has been no discussion about eliminating the bus service. About six weeks ago there was a workshop item about commuter buses, when a grant application for $50,000 was submitted to subsidize the bus service. He said this does help toward subsidizing the service. They hope that grant will be received again. The budget process will begin soon for next year’s budget. The transportation fund will include the buses. He said that staff has recommended an increase in the fares; however, there is nothing in the budget at this time regarding elimination of the service. He said there have been inquiries, rumors and e-mails. He said he does not know who started the rumors regarding the elimination.

Manager Ginex said they received a $48,000 grant from PACE , and they are working on preparing a memorandum for the riders.

Commissioner Sisul said there is no recommendation to end the bus service at this time.

Roseanne Lucianek, 6811 Powell, said she is a 17-year resident of the Village, and said she wanted to follow-up on the commuter bus discussion, and asked for assurance that if there is discussion about eliminating the service or the value of the service that the public be notified well in advance. The subject has caused a great deal of anxiety. Her concern is that the Council take into consideration those that ride the bus daily, and assure them that any discussion regarding this service is kept open to the public.

The Mayor said if elimination of the bus service were considered it would be a matter of a number of Workshop meetings, which would provide opportunity for public comment. He said there is a concern about ridership on the north end of the Village; however, they have not discussed elimination of the service.

Commissioner Schnell said that the discussion to replace the buses some years ago was done in an open forum and a subcommittee was established to review the issue.

Commissioner Tully said that we live in a high speed society and with the widespread usage of e-mail and Internet, something gets out and rumors spread quickly. He said there is no proposal to eliminate the buses at the present time.

Nilesh Baxi,1708 White Place, said he takes the bus as well and recommended preparing a press release for the papers announcing that there are no plans to eliminate the service. Manager Ginex said he is working on a memo to distribute to the bus ridership. Mr. Baxi asked what the transportation fund includes, and the Mayor said it is primarily the charters and bus service.

William Vollrath, 6818 Osage, commented on the TIF finances which are a concern to him. He said that in January the Mayor was quoted about the TIF district paying for itself in 20 years. Then at a Council meeting two weeks ago he said the TIF revenue would be inadequate and about 1/3 of the funds would have to come from the capitol fund or other tax sources. He said he thought he and a number of other citizens have been saying this for about twelve months. He asked if the Finance Director could confirm the current expected 20-year cost for the TIF and how much will be covered by TIF revenue.

The Mayor said they were talking about the EAV . The TIF has always been discussed as covering 2/3 of the costs with 1/3 coming from capital funds in the Village budget. In December 1996, the Village received a recommendation to adopt the Lakota Plan. The recommendation was in three parts – adoption of the Master Plan itself, adopting the organizational structure to carry out and implement the plan, and adopt the financing mechanism to fund these efforts. He then reviewed how the TIF is financed, and the Lakota Plan costs, noting that a portion of the cost would be borne by those benefiting directly from this in the CBD area. He said that TIF funds are better used as a secondary source of funding if possible. He said that 38% of the funding in the December 1996 plan was not identified at that time. He then reviewed other recommendations toward plan implementation including the SSA , TIF and Village funding. The Mayor then reviewed the adoption of the December 1997 TIF including property tax, the TIF and other sources deemed appropriate. He then reviewed comments made by Marty Lyons in March 1999 stating that the first 4-5 years of the TIF would be a deficit situation. The Mayor said that for years it has been suggested that the TIF would not cover all of the costs of the downtown.

Mr. Vollrath asked the Mayor if he had been misquoted in the January interview and the Mayor said he was misquoted. Staff will continue to project based upon the costs and revenues that are received.

Mr. Vollrath said he respectfully disagreed that citizens and business owners were told from the beginning that there would be a 30% shortfall. He read the last paragraph of the original TIF document which he said indicated that the TIF should support itself.

The Mayor said they are tracking the TIF as a loan. The TIF works in such a way that the money comes in at the back end.

Mr. Vollrath said they are in agreement with one thing, and that is that there will be 30% shortfall, which would amount to $30 million, which he said is a huge shortfall.

Commissioner Tully said they are not even talking about the same thing. The statements do not refer to the same thing. He said that the statement attributed to the Mayor was that it was expected that the TIF district will pay for itself by the year 2020. There was never a promise that the TIF would pay for itself every year for 23 years. He said no one promised it would pay for the infrastructure completely. The TIF has been a huge success in that it has paid some of the costs, otherwise, there would have been a tax increase to the public. He said that in the last four years the funds were available and the debt service was abated. This year the funds were not available so the debt service was not abated. He said that it remains to be seen if the TIF pays for itself in 2020. The fact that it was not abated does not mean that there is a 30% shortfall.

Mr. Vollrath responded that the trend of the TIF is that for the past four years it paid for itself and this year it has a 30% shortfall. Commissioner Tully said that not abating it this year does not mean a 30% shortfall in revenue. He does not understand that leap in logic. Commissioner Sisul noted that the TIF is far ahead of where it was expected to be. Commissioner Tully said he thinks it is important that this be clarified, because too many terms are being used and causing misconceptions.

The Mayor said that the TIF revenue will pick up as major developments are on line. Some projects, such as Block 117 were not done when they were expected to be which costs in terms of TIF revenue.

The Mayor recognized Boy Scouts in the audience and asked them to come up and introduce themselves. John Schaefer said he was from Troop 99 and attends Kingsley School. He is working on his communication merit badge. Pat Donnelly of O’Neill school is in the 7th grade, Troop 99 and is also working on his communication merit badge. The Scouts were presented with Village pins.

5. Public Hearings

6. Consent Agenda

COR00 -01177 Claim Ordinance No. 5469, Payroll, February 21, 2003 Sponsors: Accounting Indexes: N/A

BIL00 -01178 List of Bills Payable, No. 5468, March 4, 2003 Sponsors: * Accounting *Indexes: N/A

BID00 -01171 Bid: Award $15,900 to R.J. Recording as Sound Vendor for 2003 Heritage Festival Sponsors: Tourism and Events Commission A motion was made to Approve this file on the Consent Agenda. Indexes: Heritage Festival 2003 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 -01172 Resolution: Adopt an Early Retirement Incentive Program Sponsors: Deputy Village Manager and Manager’s Office Summary of Item: This will establish an early retirment program commencing April 30, 2003. Persons desiring and eligible to participate must serve notice of retirement.

A RESOLUTION ADOPTING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES OF THE VILLAGE OF DOWNERS GROVE IN THE ILLINOIS MUNICIPAL RETIREMENT FUND

RESOLUTION 2003 -13 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: Early Retirement, IMRF

ORD00 -01173 Ordinance: Rezone the Property on the South Side of 66th Street & Approximately 432 Feet West of Fairview Avenue from R-1 to R-3 Sponsors: Zoning Board of Appeals Summary of Item: At their meeting of January 22, 2003, the Zoning Board of Appeals recommended unanimously that the property on the south side of 66th Street and approximately 432 feet west of Fairview Avenue be rezoned from R-1 Single Family Residential to R-3 Single Family Residential.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, CODIFIED AS CHAPTER 28 OF THE DOWNERS GROVE MUNICIPAL CODE , AS AMENDED TO REZONE THE PROPERTY ON THE SOUTH SIDE OF 66TH STREET & APPROXIMATELY 432 FEET WEST OF FAIRVIEW AVENUE (R-1 to R-3)

ORDINANCE NO . 4482 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: Rezone 66th Street & Fairview – R-1 to R-3

ORD00 -01174 Ordinance: Provide for an Amendment to Ordinance No. 4447 and the Village of Downers Grove Budget for Fiscal Year 2002/03 Sponsors: Finance Summary of Item: This adopts certain amendments to the 2002/03 budget.

AN ORDINANCE PROVIDING FOR AN AMENDMENT TO ORDINANCE #4447 AND THE VILLAGE OF DOWNERS GROVE BUDGET FOR FISCAL YEAR 2002 /03

ORDINANCE NO . 4483 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: Budget Amendment – 2002/03

ORD00 -01175 Ordinance: Amend Stormwater Provisions and Fees Sponsors: Public Works Summary of Item: This will amend certain provisions related to stormwater and floodplain developments and amend fees for Stormwater Management Permits.

AN ORDINANCE AMENDING STORMWATER PROVISIONS AND FEES

ORDINANCE NO . 4484 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: Stormwater Management Permit Fees

RES00 -01176 Resolution: Participate with the County of DuPage in the National Pollutant Discharge Elimination System Phase II Countywide Stormwater Permit Process Sponsors: Public Works Summary of Item: This will authorize an intergovernmental agreement to work collectively with other local agencies to meet Clean Water Act Mandates.

RESOLUTION TO COLLECTIVELY PARTICIPATE WITH THE COUNTY OF DUPAGE IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II COUNTYWIDE STORMWATER PERMIT PROCESS

RESOLUTION 2003 -14 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: Stormwater and Flood Plain Permit Provisions, Illinois EPA , Clean Water Commissioner Sisul moved to waive the one-week waiting period to consider new business. Commissioner Gilbert seconded the Motion.

AYES : Commissioners Sisul, Gilbert, Zabloudil, Tully, McConnell, Schnell, Mayor Krajewski

Mayor Krajewski declared the Motion carried.

The Village Clerk read a Resolution appointing Merry Erlechman to the Tourism and Events Commission.

RES00 -01181 Appointment to Tourism and Events Commission Sponsors: Mayor Summary of Item: This will appoint Merry Erlechman to the Tourism and Events Commission for a term expiring August 31, 2005.

RESOLUTION APPOINTING MERRY ERLECHMAN TO THE TOURISM AND EVENTS COMMISSION

RESOLUTION 2003 -15 Commissioner Schnell noted that they usually do not make appointments during election time and asked about this. Commissioner Gilbert said that this position is one that is a hotel appointment due to a transfer of one of the people on the board. This appointment is a replacement from Double Tree. 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: Boards and Commissions

8. Mayor’s Report

Materials to be Received – Minutes

Joint Meeting of the EDC Strategic Planning Committee & Plan Commission – February 3, 2003 Zoning Board of Appeals – January 22, 2003 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 election day is drawing near. He noted that there will be a forum on March 8 from 3:00-5:00 p.m. in the Village Library. It will be videotaped and scheduled for playback on Cable Channel 6.

On Wednesday, March 12 the Chamber of Commerce will host a forum in the Council Chambers for Village Commissioners and Park District candidates at 6:30 p.m. It will be broadcast live on the Village cable network.

On Wednesday, March 19, the League of Women Voters will hold a forum in the Council Chambers for both Village and Park District candidates. This will also be covered live at 7:00 p.m.

On Tuesday, March 25th, there will be a forum at Hillcrest School for candidates for both School Districts 58 and 99. This will also be taped.

Manager Ginex announced that the week of March 24-28 will be Amnesty pickups. The first two bags must have a $1.85 sticker and the remaining items will be free of charge. He asked that the public check the web site.

10. Attorney’s Report

Future Active Agenda

11.Standing Committee Reports

Finance Committee

Commissioner Zabloudil said they met this evening to discuss the budget update and review of the general funds. In addition they discussed the budget timeline, as well as the appraisal process. He said they proposed developing some type of packet for the new Village Council members when they come on board.

12. Council Member Reports and New Business

The Mayor said the Education Foundation of District 58 will host an event featuring Second City on Saturday at the Tivoli. Tickets are $40.00. The performance begins at 8:00 p.m.

Commissioner Zabloudil said that concerns were expressed this evening about budget issues. He said there will be budget discussions on March 15 and March 22 on the various funds such as water fund, transportation fund, capital projects and general funds. No formal action will be taken at those meetings. He noted that regarding the TIF fund and transfers, the newspapers do a good job of attempting to relay information, but if there is any question the public can obtain information from the Village directly.

Commissioner Sisul commented on the orientation programs of various associations for new Council members, stating that many of the programs are extremely technical. He recommended having an in-house training program.

Commissioner Schnell said the Downers Grove Junior Woman’s Club event on Friday was a lovely event.

Commissioner Tully said that the event on Friday was a wonderful event. The winner of the auction of Village Council/Staff people was Larry Rosol. Village people will provide two hours for spring cleaning to Mr. Rosol. This item raised $1400.

Commissioner McConnell said the Partnership for Healthier Communities met on February 21. They discussed current issues and decided to look at the issue of domestic violence and the Risk Watch Program. The Risk Watch Program in conjunction with District 58 is being reviewed. On February 26 the Character Counts Coalition met. Airmark will loan a full-time administrator to create the Abraham Lincoln Center for Character Development. They are seeking free office space.

A Sports Summit was held on February 26. Commissioner McConnell said that the public school districts came together for this Summit. They will focus on creating a common code of ethics for use in all sports arenas in the community. The Code will relate to spectators, athletes, coaches and officials. In addition they want to look at the philosophy of competitive and participation sports.

Commissioner McConnell said there will be another community evaluation this year. The Village will be one of 18 communities to participate in a County evaluation. She added that the Middle School initiative will continue to meet.

Commissioner Tully said that April 1 is the election for Village Council, Park District Board, District 58 and 99 School Boards. He was disappointed to see the very low turnout in the primary. He said it is important for people to learn about the candidates and how to go about getting absentee ballots if they will be out of town. He said he was glad that the Village made cable time available for all candidates. There will be four different forums taped and broadcast over the coming weeks.

Commissioner Tully then noted that there will be a budget meeting held in the Committee Room on March 15. He said that it is a small room and if there are any groups interested in any aspect of the discussion, they should send a representative. He also said that every year the DuPage Mayors and Managers hold a seminar for newly elected officials. He said it is also an excellent idea to have a special training program on the Village level as well to assist new members on how to understand the workings of the Village.

The Village Clerk responded to the Mayor that absentee ballots will be available in the Village Hall March 10.

13. Adjournment

Commissioner Sisul moved to adjourn to Executive Session pursuant to Section 2©(11) of the Open Meetings Act to consider litigation. Commissioner Gilbert seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:55 p.m