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March 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 – March 4, 2003 Council Meeting – March 4, 2003 Workshop Meeting – March 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

A. Comments and Questions on Active Agenda

Christine Fregeau, 1918 Elmore, commented on the telecommunications tax, stating she has been at the budget meetings for the past two years. She found the February workshop to be invaluable, and would like the Council to reconsider addressing the budget before it is voted on. Ms. Fregeau said she would favor departments funding their own initiatives. She stated that she favors user based taxes. She said there will be no projects of any significance in the capital projects fund to fund in this budget. Stormwater and sidewalks have been hit the hardest. The only roadway projects are those funded by existing grants. Ms. Fregeau said that capital projects have been underfunded for some time. She said that where citizens drive and walk needs to fit in the base of the budget and the infrastructure must also fit in there as well. When it comes to capital projects that lead to public safety, she doesn’t want to see those items removed from the budget. Although she sees the need to cut back, she would prefer that they cut back, and not cut out completely. The $625,000 cut will affect public safety. She asked that the Council add another $50,000 to the capital projects for the sidewalks project. She also asked that they explore grants for sidewalks as well. There has to be a wider focus. Ms. Fregeau said they should reevaluate what has been all but eliminated. Public Works is the third largest budget item, but is less than half of the top two items. She said the Council has looked carefully at cost savings and other revenue options, but said that they should look again to apply the telecommunications tax where it is needed.

The Mayor reminded everyone that all of the property taxes fund only about 13% of the Police and Fire budgets. The other 70% comes through sales taxes and revenues. He said that utility taxes are still being split as they have in the past at a 70%/30% split. Ms. Fregeau said her concern is that programs have been eliminated yet the telecommunications tax is being increased. The Mayor said there will be $700,000 spent on three major road projects through grant funds.

Ms. Fregeau said they worked a long time to get the sidewalk program in, and she believes the $50,000 allocated will not cover sidewalk trip hazards. She supports a vision for the future and asked that the Council not let this program go away, but set precedents for the future.

B. Comments and Questions on General Matters

5. Public Hearings

6. Consent Agenda

COR00 -01182 Claim Ordinance No. 5471, Payroll, March 7, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01183 List of Bills Payable, No. 5470, March 18, 2003 Sponsors: Accounting Commissioner Gilbert questioned items IN 813 and SP 113 . A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01194 Bid: Award Contract to Free Flow Tapping for Water Insertion Valves Sponsors: Public Works Summary of Item: This is to award a contract to supply and install valves at various locations in the Village water distribution system. Quoted unit prices: 6 inch – $4,990.00 each; 8 inch – $5,350.00 each; 12 inch - $7,200.00 each. If such sizes are necessary: 4 inch $4,600.00 each; 10 inch – $7,000.00 each. A motion was made to Approve this file on the Consent Agenda. Indexes: Water Valves

BID00 -01195 Bid: Award $5,905.25 to Water Services Company for Leak Detection Survey Sponsors: Public Works Summary of Item: This is to award a contract to perform leak detection services in accordance with the bid specifications. Quoted unit price of $0.0151 per lineal foot A motion was made to Approve this file on the Consent Agenda. Indexes: Leak Detection Survey

BID00 -01196 Bid: Award Contract to National Waterworks for Fire Hydrants Sponsors: Public Works Summary of Item: This is to supply various fire hydrants for replacement and new installation in the Village water distribution system in accordance with the following unit prices:

5’ flange – $918.00 each 5’6” flange – $938.00 each 6’ flange – $958.00 each 5’ M.J. – $925.00 each 5’6” M.J. – $955.00 each 6’ M.J. – $975.00 each A motion was made to Approve this file on the Consent Agenda. Indexes: Water Hydrants & Meters, Fire Hydrants

BID00 -01197 Bid: Award Contracts to National Waterworks in the amount of $44,739.15; Mid American Water, Inc. in the amount of $33,903.25; and Water Products Company in the amount of $1.242.36 for Supply of Water System Clamps & Fittings Sponsors: Public Works Summary of Item: This is to award a contract to supply various clamps and fittings needed to repair and maintain the Village water distribution system. A motion was made to Approve this file on the Consent Agenda. Indexes: Water Clamps & Fittings

BID00 -01198 Bid: Award Contract to Rotary Club as 2003 Heritage Festival Beer Garden Vendor 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

ORD00 -01187 Ordinance: Reserve Volume Cap in Connection with Private Activity Bond Issues, and Related Matters Sponsors: Economic Development Director Summary of Item: This will reserve the entire Village’s 2003 Bond Allocation Cap for Stern Brothers, Inc.

AN ORDINANCE RESERVING VOLUME CAP IN CONNECTIONS WITH PRIVATE ACTIVITY BOND ISSUES , AND RELATED MATTERS

ORDINANCE NO . 4485 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: Industrial Revenue Bond – Stern Brothers

ORD00 -01188 Ordinance: Establish Home Rule Municipal Retailers Occupation and Home Rule Municipal Service Occupation Taxes Sponsors: Deputy Village Manager Summary of Item: This will establish home rule municipal retailers occupation and home rule municipal service occupation taxes at the rate of one-half of one percent.

AN ORDINANCE ESTABLISHING HOME RULE MUNICIPAL RETAILERS OCCUPATION AND HOME RULE MUNICIPAL SERVICE OCCUPATION TAXES

ORDINANCE NO . 4486 Commissioner Gilbert moved to adopt an Ordinance Establishing Home Rule Municipal Retailers Occupation and Home Rule Municipal Service Occupation Taxes at the rate of one-quarter of one percent.

Mayor Krajewski said the motion failed for lack of a second.

Commissioner Tully moved to adopt an Ordinance Establishing Home Rule Municipal Retailers Occupation and Home Rule Municipal Service Occupation Taxes at the rate of one-half of one percent.

Commissioner Tully said he will move for an amendment to incorporate a sunset clause. He said that the three major fund expenses are Police, Fire and Public Works and these have been studied and examined closely. In order to be able to invest in the community and be proactive, it is necessary to move with the 1/2% increase. He said he appreciates the input of the Downtown Management Board and the Chamber of Commerce; however, it is incumbent upon the Village to take this step. He is adamant, however, that there be a sunset clause which would make this tax void within three years of tonight, unless reenacted by a future Council. If the sales tax revenues return to previous levels, he would be in favor of eliminating the home rule sales tax at whatever percent is decided. He proposed to move to amend the currently pending motion to add subsection© to the proposed ordinance to include an expiration date for the proposed increase. Commissioner Schnell seconded the amendment.

Commissioner Zabloudil said he believed it to be appropriate to include the sunset clause, and asked when it would be appropriate to consider it.

Attorney Petrarca said it would have to be reported on April 1, and would expire three years from April 1.

Deputy Manager VanVooren said there are two trigger dates for sales taxes, January 1or July 1, so any sunset clause would have to coordinate with those notification dates. It would be best to have it cease on July 1, 2006.

Commissioner Zabloudil asked whether the date would be included in the Ordinance.

Commissioner Tully said it would be eliminated on the terms established.

Commissioner Gilbert said he respects contrary opinions, but believes that structural changes as to how business is conducted in the Village would net the Village sufficient funds where 1/4% sales tax would be sufficient.

Commissioner McConnell said that she was unsure about the 1/4% versus 1/2% until Saturday’s meeting, when it became clear to her that they should go for the 1/2%.

Commissioner Schnell said that in reviewing the figures they received on Saturday, they have to go with the 1/2%. This is not a luxury but it is a necessity.

Commissioner Tully stated that the decision came after a lot of work on the part of Council and staff. He said that Commissioner Gilbert’s views are not lost. He said that a substantial number of cuts have been made, up to more than $2 million this year. With respect to the original budget for 2003-2004 another $2.5 million has been cut, which is a total of $4.5 million in cuts. He said the Village will still have the lowest taxing burden of most neighboring communities.

The Mayor said that unfortunately the Village has to notify the State by April 1 of any Home Rule or Telecommunications tax changes. He said they are still reviewing the budgets and there is not much left that can be cut. He agrees that there can be some restructuring in the Village and that is one of the Manager’s primary goals. Every Commissioner will have their own opinions as to what can be eliminated. The Mayor said he wants to be sure that if they go for the 1/2% the Village makes a commitment to invest in the future. He explained that the sales tax in the past has been what has kept the property taxes as low as they are. He said that there are areas in the Village that must be addressed by Staff and Council to meet development needs and create a viable business base.

As for Community Events, he said there are questions as to whether the Ice Sculpture and Bike Race should be eliminated at a cost savings of $35,000, adding that these events are not just a cost, but bring other benefits to the Village as well. People from other communities come to these events and help to keep the shops filled. He wants to see the Economic Development Commission and Plan Commission move forward to make the neglected and vacant shopping areas viable with new businesses.

AYES : Commissioners Tully, Schnell, Zabloudil, McConnell, Sisul, Mayor Krajewski NAY : Commissioner Gilbert The Mayor declared the Motion on the amendment passed 6:1.

AYES : Commissioners Zabloudil, Schnell, Tully, McConnell, Sisul, Mayor Krajewski NAYS : Commissioner Gilbert The Motion passed 6:1 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 Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Nay: Commissioner Gilbert Indexes: Tax Ordinance, Home Rule Municipal Retailers Occupation Tax, Home Rule Municipal Service Occupation Tax, Sales Tax, Home Rule

ORD00 -01189 Ordinance: Impose a Simplified Municipal Telecommunications Tax Sponsors: Deputy Village Manager Summary of Item: This will impose a simplified municipal telecommunications tax at the rate of five percent (5%) of the gross charge for telecommunications purchased at retail from a retailer.

AN ORDINANCE IMPOSING A SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX

ORDINANCE NO . 4487 Mayor Krajewski asked about payments received for this year as of today.

Dave Van Vooren, Deputy Village Manager, said he anticipates receiving the check for January sometime in April.

Commissioner Tully said that increasing the telecommunications rate doesn’t change our standing in terms of other communities, but makes them equal with Oak Brook.

The Mayor said the Village’s sales tax structure is what has allowed the Village to have lower taxes than other communities. 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: Tax Ordinance, Telecommunications Tax

ORD00 -01190 Ordinance: Amend the Tax on Gasoline Sponsors: Deputy Village Manager Summary of Item: This will raise the tax on gas from one cent to one and a half cents per gallon.

AN ORDINANCE AMENDING THE TAX ON GASOLINE

ORDINANCE NO . 4488 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 Ordinance, Gasoline Tax

ORD00 -01191 Ordinance: Provide for the Issuance of Not to Exceed $6,650,000 General Obligation Refunding Bonds, Series 2003 – Library Bonds Sponsors: Village Attorney Commissioner Tully said this will lower property taxes. A motion was made by Commissioner Tully, seconded by Commissioner Sisul, 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: General Obligation Bond – Refund, Library Bonds

ORD00 -01184 Ordinance: Adopt and Approve Publication of the Village of Downers Grove Zoning Map Sponsors: Planning Services Summary of Item: This will approve and authorize publication of the 2003 Village of Downers Grove, IL Zoning Map, corrected to 03-01-03. Pursuant to state law, the Village is required to approve and publish its Zoning Map on an annual basis.

AN ORDINANCE ADOPTING AND APPROVING PUBLICATION OF THE VILLAGE OF DOWNERS GROVE ZONING MAP

ORDINANCE NO . 4490 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: Zoning Map

RES00 -01193 Resolution: Authorize Agreement with County of DuPage re: Autumn Grove Resource Center Sponsors: Social and Health Services Summary of Item: This will authorize an agreement with DuPage County for a grant application from the Community Development Block Grant Program for the Downers Grove Community Neighborhood Resource Center at Autumn Grove.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF DOWNERS GROVE (Autumn Grove Resource Center)

RESOLUTION 2003 -16 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: Autumn Grove Resource Center, DuPage County Community Development Block Grant

RES00 -01192 Resolution: Authorize Agreement with County of DuPage re: Arbor Park Resource Center Sponsors: Social and Health Services Summary of Item: This will authorize an agreement with DuPage County for a grant application from the Community Development Block Grant Program for the Downers Grove Community Neighborhood Resource Center at Arbor Park.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF DOWNERS GROVE (Arbor Park Resource Center)

RESOLUTION 2003 -17 Commissioner McConnell asked about the number of years the Village has applied for these funds.

Barb Leiber, Director, Social and Health Services, said she has applied for these funds since 1997.

Commissioner McConnell said without these funds, these programs would have been greatly reduced.

Commissioner Sisul said the decision to apply for these funds was initially very controversial. He commended Ms. Leiber on a good job. 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: Arbor Park Resource Center, DuPage County Community Development Block Grant

Future Active Agenda

8. Mayor’s Report

Materials to be Received – Minutes

Joint Meeting of the EDC Strategic Planning Committee & Plan Commission – February 17, 2003 Library Board – February 12, 2003 & February 26, 2003 Parking & Traffic Commission – February 12, 2003 A motion was made 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 reviewed the Main Street reconstruction from 55th Street to Valley View conducted by the DuPage County Department of Transportation. Main Street will have no detour route. All traffic will be maintained on Main Street, but shifted as needed. Generally only one travel lane in each direction will be useable. Construction is planned to be completed by the end of August 2003. Main Street will remain four lanes. New traffic signals will be installed at 63rd Street and 59th Street, but not at 55th Street.

Regarding the side streets, 63rd Street will remain four lanes and 59th Street will remain two lanes. A new retaining wall is to be built at Green Knolls Shopping Center at the NW corner of Main Street and 63rd Street. A total of six trees will be removed. New traffic signals will be interconnected between 67th Street and 59th Street only. A video vehicle detection system will be installed at the 63rd and 59th Street intersection.

Mr. Ginex said the Downers Grove Community Grants Commission is accepting grant applications for the 2003 Community Grants Program. The Commission offers funding to local not-for-profit organizations that provide the community with cultural, civic, or recreational events that improve the quality of life. These activities promote Downers Grove as an attractive and fulfilling place to live, visit and conduct business.

Applications must be received by 5:00 p.m. on April 1, 2003.

For more information or to receive an application, contact Village Grants Coordinator Susan Brassfield at (630) 434-6878.

The Mayor said that DuPage County is doing the street improvements on Main Street. He asked that staff establish a liaison with the County to address resident concerns.

10. Attorney’s Report

There was none.

11. Committee Standing Reports

Commissioner Tully said the transportation fund was discussed at Saturday’s budget meeting. He said that the consensus at the meeting was to study this issue on a going forward basis and the Public Services Committee will form a task force. Anyone interested in participating in the Local Transportation Task Force can contact him via e-mail.

The Mayor asked that the Village Manager and staff make the profile sheets available.

Commissioner Tully recommended that representatives of a larger group participate. He has already received two e-mails expressing interest.

The Mayor asked staff to forward to the Council the report done some time ago.

Commissioner Sisul said the Public Safety Committee did not meet. He said that regarding budget discussions, he has appreciated the discussions with the Council, staff and public, and although everyone doesn’t always agree, points are often made to help direct the Council in its future endeavors.

12. Council Member Reports and New Business

Commissioner Zabloudil commented on some of the budget discussions. He reiterated that the revenue stream has deteriorated. Staff has implemented numerous cost cutting measures. He noted that there are flat staff levels in all departments except the Police Department. He said that the review of the three largest budgets in the Village has been considered and critical items were added back into the budget to continue providing the proper level of service to the community. The Commissioner said he had two concerns. He asked that the Council consider increasing the remaining revenue streams to provide a cushion in uncertain economic times. The reserves built in the past allowed the Village to function without cutting service. Commissioner Zabloudil said the Council needs to take action to address the risk analysis and fund balance analysis.

Commissioner Schnell asked that the Council be provided with an update on the sidewalks left to be done, in relation to Ms. Fregeau’s comments earlier. Secondly, she noted that there is a lot of yard waste placed out today that was not picked up. She said it will be picked up as of April 1. Lastly, she asked everyone to pray for our troops, our community and our country.

Commissioner McConnell commented on the Main Street construction, stating she lives in that area and said that the amount of traffic and speed of traffic has already been a problem. She asked that a crosswalk be placed at the 63rd and Main area for added safety.

Commissioner Tully said that April 1 is right around the corner, and asked that everyone cast their ballots in the upcoming election for Council representatives, as well as Park District and School District positions. He said that absentee balloting has already begun. Cable Channel 6 will have a forum on Wednesday night, as well as a School Board forum at Hillcrest School on Tuesday. He encouraged everyone to become informed as to the candidates.

Commissioner Sisul said that voters can vote at the Village or Township office by absentee ballot.

The Mayor congratulated the co-ed cheerleading team of Downers Grove South for winning the State Championship. He noted that the Downers Grove South basketball game is in the sectionals tonight in Champaign.

The Mayor also said District 58’s Laughter for Learning at the Tivoli was a success and the District has signed a contract with the Kelly-Miller Circus for their 2003 show. The show will be on September 23 between O’Neill and Fairmount Schools.

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 7:32 p.m