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December 02, 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 Ron Sandack, Commissioner Stan Urban, 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 Commissioner McConnell was in attendance by telephone.

3. Minutes of Workshop and Council Meetings

Council Meeting – November 18, 2003 Commissioner McConnell noted that she was in attendance at the Council meeting of November 18, 2003 by telephone. There being no other additions or corrections to the minutes, Mayor Krajewski said they would be filed as corrected.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

Mike Wall, 4703 Woodward, was present with his wife, Therese, and they presented a petition to the Council for sidewalks on Woodward Avenue on the 4700, 4800 and 4900 block. He gave the reasons for this petition. Chicago Avenue dead ends at Woodward Avenue and it serves as an alternate route for people wanting to avoid the traffic light at Prairie and Belmont. In addition, the recreation center on Belmont has brought increased traffic in the opinion of the neighbors. Woodward is the first thoroughfare east of Belmont that goes all the way from Ogden Avenue.

Mrs. Wall said she contacted Dan Greco who referred her to Dorin Fera.

The Mayor thanked them for the petition and explained the policy is to have one sidewalk on at least one side of each street. He explained the matrix with its priorities, and Mrs. Wall said that Mr. Fera suggested they obtain an analysis from Parking and Traffic. The Mayor said that the change in the area might change the priority for that area; however, he added that the biggest factor is the amount of funds available for sidewalks.

Mr. Wall suggested that the budget be passed in full, because that would enable them to get the sidewalks sooner.

The Mayor said that the Council is beginning the budget discussion and they will see how far down the matrix they can go. Mr. Wall said that he understands that there have been protests against sidewalks in other areas, yet in the area he and his wife surveyed for the petition, everyone was in favor of the sidewalks.

Mayor Krajewski said it is a long-standing policy to get at least one sidewalk on one side of each street, however, the budget drives the project. He said safety issues are part of the criteria, such as proximity to schools, parks, traffic speed, etc. He added that he’s heard that people who didn’t initially want to have sidewalks eventually met their neighbors as a result of the sidewalks.

Mr. Wall gave the petition to the Village Clerk.

5. Public Hearings

Tax Levy 2003-04 Mayor Krajewski called the public hearing to order at 6:42 p.m. He said this public hearing has been called by the Village Council pursuant to the Illinois Truth in Taxation Law to consider the proposed 2003 Tax Levy of the Village of Downers Grove. Notice of this hearing was published in The Sun newspaper and a copy of the notice and the proof of publication have been presented and are made a part of the official record of this hearing. He then reviewed the procedures to be followed for the public hearing. He introduced Acting Finance Director Dave Van Vooren to summarize the proposed tax levies.

Acting Finance Director Dave Van Vooren then reviewed the Tax Levy as published in The Sun. He said that the adoption of the levy is scheduled for December 16. The abatements are not included since they have until February 2004 to be acted upon. He then reviewed the General Fund Revenues for 2003/04. Mr. Van Vooren said 40% comes from sales tax, either regular or home rule. Property Taxes account for Fire and Police services and pensions.

Mr. Van Vooren said the levies include the Library debt service as well as Special Service Areas and the debt service levies for General Obligation Bonds. He said that in 2001 the Equalized Assessed Valuation (EAV) was $1,507,000,000, and $1,636,000,000 in 2002. There is an 8.6% increase. He said that EAV notices were recently sent to homeowners, and staff is awaiting information on those figures. Staff is using 8.2% increase for tax purposes.

Mr. Van Vooren then reviewed the proposed levies for 2002 and 2003, noting that the Fire Pension rate will go down slightly. Mr. Van Vooren said the 2003 property tax levy reflects a 55.7% increase in Corporate/Police services. The G.O. Bond issues levy reflect what must be abated. As for the impact on residential property, staff projected that a property with a $50,000 EAV in 2002 would now be a $55,000 EAV , and would see an increase of about $62.00. Staff projected that a $100,000 EAV in 2002 would now be $110,000 with an increase in taxes of $124.00. A $200,000 EAV in 2002 would now be $220,000 with a $248.00 increase in taxes

Mr. Van Vooren said the tax levy provides flexibility to the Council in working with the revenue sources. He noted that property taxes represent one of the Village’s most predictable revenue sources, which has been a problem in the past with other revenue sources. The property taxes are also tax deductible for homeowners. In addition, the levy will pay for cost increases in services that protect the value of property in the Village.

Mr. Van Vooren provided charts of taxes levied compared to public safety expenses as well as sales tax revenues compared to public safety expenses from 1984/85 through 2002/03. He noted that the gap between taxes and expenses through 1999/2000 was closed by the sales tax generated. In 1999/2000 the sales tax leveled off and then dropped down. He further noted that the police and fire services represent about 50% of the overall budget.

The Mayor asked that staff provide the Council with a slide that ties into the notice as published. Mr. Van Vooren said the numbers in the notice represent the maximum debt service level. The total debt for 2003 is $2.34 million of debt that is on the books, about $600,000 of which is Library.

Mayor Krajewski then asked whether the 68% increase shown in the notice includes the levies that will be abated, and Mr. Van Vooren said that was correct. He said that he has to include all of the debt, which can be misleading. Between the Library and the Village they have to levy approximately $1.8 million of debt.

Regarding the police and fire pensions, the Mayor said they have to be funded by State law. Mr. Van Vooren said that was correct, noting that they are tax supported pension programs and that the tax rate is determined by the pension funds. An adjustment will be made to the Fire Pension. The Mayor clarified that the Village could abate some of these taxes in February, and Mr. Van Vooren said that was also correct.

Commissioner Schnell said that many of the increases in the police pension funds were brought about by unfunded mandates by the State of Illinois. In actuality, the Village does not have a voice in some of the increases. Mr. Van Vooren agreed, saying that the plans are established from outside of the Village. He added that there are numerous bills that impact both pensions, as they have very strong lobbies in Springfield.

Commissioner Schnell then asked about the water bonds, and Mr. Van Vooren said he would provide a listing of maturity dates for all of the debt.

Commissioner Schnell asked whether there was a sunset clause on the gasoline tax. Mr. Van Vooren said the gasoline tax was not pledged to the Fairview Avenue bonds, and there was not a sunset clause on that ordinance. He said the adoption of the gas tax occurred several months in advance of the Fairview Avenue bonds.

The Mayor said the police and fire pension tax rates are driven in part by investments. If the current trend on the returns on investments continue, funds should have positive returns and will draw down the pension taxes.

Commissioner Sandack said he would like to see a comparison chart of the Village and surrounding communities. Mr. Van Vooren said that staff is in the process of preparing that chart.

Commissioner McConnell asked that a copy of the presentation made by made available to her.

Commissioner Tully said that because of the requirement of the Truth in Taxation law, the Village has to adopt the levy before the budget is completed. He said the levy is usually not the same as what is collected due to the abatements, and the Village is required to abate some funds.

Mr. Van Vooren said he has received no direct phone calls or inquiries regarding the levy.

There being no further discussion, the Mayor adjourned the Public Hearing at 7:08 p.m.

6. Consent Agenda

COR00 -01446 Claim Ordinance: No. 5507, Payroll, November 8, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01447 List of Bills Payable: No. 5504, December 2, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01450 Bid: Award $79,718 to Landmark Ford, Springfield, for four 2004 Ford Crown Victoria Police Interceptors and $14,777.15 to Miles Chevrolet, Decatur, for one 2004 Chevrolet Impala Police Interceptor Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Vehicle Purchases, Police Vehicles

BID00 -01451 Bid: Award Contract for Emergency Improvements of Lee & Ogden Storm Sewer Sponsors: Public Works Commissioner Zabloudil thanked Mike Millette for the Lee and Ogden Avenue information and for doing a nice job on this.

Commissioner Schnell also extended her appreciation.

Commissioner Tully said the final amount of the bid was $124,776 plus a 10% contingency.

The Mayor said that he understood Trine will defer a current job to work on this project. A motion was made to Approve this file on the Consent Agenda. Indexes: Storm Sewers, Lee & Ogden Avenue Storm Sewer Project Passed The Consent Agenda

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

7. Active Agenda

RES00 -01453 Resolution: Intergovernmental Agreement with IDOT re: Dunham Road Sponsors: Public Works and Finance Summary of Item: This will authorize execution of an agreement between the Village and the Illinois Department of Transportation for funding in the amount of $684,600 for roadway construction costs of Dunham Road with termini from Lemont Road to 71st Street/Andrus. The Village will be required to match funding for this project in the amount of $293,400.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION

RESOLUTION 2003 -97 A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Illinois Department of Transportation, Dunham Road Improvements

RES00 -01455 Resolution: Supplemental Motor Fuel Tax Funds for Improvement by Municipality Under the Illinois Highway Code Sponsors: Public Works Summary of Item: This will authorize the acceptance from the Illinois Department of Transportation of $172,000.00 in Motor Fuel Tax funds for use in maintaining certain roadways in Downers Grove.

RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE

RESOLUTION 2003 -98 A motion was made by Commissioner Urban, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Main Street Resurfacing, Motor Fuel Tax, Fairview Avenue Resurfacing

ORD00 -01457 Ordinance: Establish Certain Parking Restrictions on 62nd Place Sponsors: Public Works Summary of Item: At their meeting of October 27, 2003, the Parking & Traffic Commission unanimously recommended adoption of certain parking restrictions on the north and south side of 62nd Place between Carpenter Street and Brookbank Road between 7:00 a.m. and 9:00 a.m.

AN ORDINANCE ESTABLISHING CERTAIN PARKING RESTRICTIONS ON 62ND PLACE

ORDINANCE NO . 4551 A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – 62nd Place

RES00 -01458 Resolution: Authorize Lease Agreement with the First United Methodist Church Sponsors: Village Attorney Summary of Item: This will authorize a lease agreement with First United Methodist Church to provide 50 parking spaces for the period of December 1, 2003 through July 31, 2004. The Village will pay $1,150.00 per month as a rental fee.

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE FIRST UNITED METHODIST CHURCH

RESOLUTION 2003 -99 A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: First United Methodist Church, Parking Lot – First United Methodist Church

RES00 -01459 Resolution: Authorize Agreement with Illinois Department of Transportation, Illinois Tomorrow, for Ogden Avenue Corridor Planning Grant Program Sponsors: Planning and Community Development, Finance and Economic Development Director Summary of Item: This will authorize execution of an agreement between the Village and the Illinois Department of Transportation for funding in the amount of $44,478.00 for developing an improvement plan for the redevelopment of Ogden Avenue Corridor. The Village will be required to match funding for this project in the amount of $4,942.00.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) (ILLINOIS TOMORROW )

RESOLUTION 2003 -100 A motion was made by Commissioner Zabloudil, seconded by Commissioner Tully, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Ogden Avenue Redevelopment, Illinois Tomorrow

RES00 -01460 Resolution: Authorize Execution of a Tiered Approach to Corrective Action Objective Agreement with Sali Salievski Sponsors: Village Attorney Summary of Item: This will authorize the execution of a tiered approach to corrective action objective agreement between the Village of Downers Grove and Sali Salievski in relation to the contamination of soil and groundwater at Hi-Tech Import Auto Service located at 356 Maple Avenue.

A RESOLUTION AUTHORIZING EXECUTION OF A TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SALI SALIEVSKI

RESOLUTION 2003 -101 A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Highway Authority Agreement, Hi-Tech Import Auto Service, Corrective Action

ORD00 -01461 Ordinance: Prohibit the Discharge of Certain Firearms Sponsors: Village Attorney Summary of Item: This will amend provisions concerning the discharge of certain firearms within the Village.

AN ORDINANCE PROHIBITING THE DISCHARGE OF CERTAIN FIREARMS

ORDINANCE NO . 4552 A motion was made by Commissioner Urban, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Nuisance Ordinance, Firearms

ORD00 -01462 Ordinance: Establish Procedures for Tax Delinquency Sponsors: Village Attorney Summary of Item: This will establish procedures for the collection of delinquent taxes.

AN ORDINANCE ESTABLISHING PROCEDURES FOR TAX DELINQUENCY

ORDINANCE NO . 4553 A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Tax Ordinance, Tax Collection

8. Mayor’s Report

Materials to be Received – Minutes

Joint Meeting – Economic Development & Plan Commission – September 29, 2003 Library Board – October 22, 2003 Parking & Traffic Commission – October 8, 2003 Public Services Committee – Local Transportation Subcommittee – October 8, 2003 A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Materials to be Received – Monthly Reports

New Business

The Mayor asked the Village Clerk to read a resolution appointing members to Boards and Commissions.

RES00 -01463 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This is to confirm the following appointments to the Performing Arts Study Commission:

Village of Downers Grove: Commissioner Stan Urban District 58: Jonathan Ball District 99: Megan Schroeder Downtown Management Board: Marilyn Weiher Downers Grove Chamber of Commerce: Steve Wilkey Downers Grove Park District: Art Jaros Residents: Willis Johnson, Mim Eichmann, Jean Gottlieb, Barbara Murphy, Jeffrey Jacobson, Dave Humphreys, and Audra Hamernik

RESOLUTION APPOINTMENT MEMBERS TO THE PERFORMING ARTS STUDY COMMISSION

RESOLUTION 2003 -102 The Mayor asked that Commissioner Urban be added to the resolution.

The Mayor then thanked Commissioner Urban for conducting the interviews for these appointments. Commissioner Urban said it is a pleasure to have 13 members of the community stepping up to volunteer their time and expertise on this matter.

The Mayor asked the Manager to establish a staff liaison. Commissioner Urban said that they have a tentative meeting scheduled for a week from Saturday. Indexes: Boards and Commissions

9. Manager’s Report

Manager Ginex reviewed the schedule of the senior resident complexes for the annual Christmas tours. He provided the following dates and times: Oaktree Towers, 7:00 p.m., December 9 Peace Memorial, 7:00 p.m., December 9 Immanuel Residents, 7:00 p.m., December 10 Cameo, 7:00 p.m., December 17 Saratoga Grove, 7:00 p.m., December 18 Fairview Village, 4:30 p.m., December 20

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Finance Committee

Commissioner Zabloudil said the Finance Committee met this evening and discussed the budget amendment, strategic planning, and the budget timeline process. They anticipate having the budget ready one month earlier this year.

12.Council Member Reports and New Business

Commissioner McConnell thanked the public for coming out on Sunday for the parade and tree lighting ceremony.

Commissioner Sandack said that everyone did a great job in putting together the Hospitality Sunday. He encouraged residents to shop in the Downers Grove stores, and extended his thanks to Downtown Management and Linda Kunze.

Commissioner Urban said that the tree and decorations added a very nice touch to the day.

Commissioner Schnell added her appreciation saying it was a great affair and the tree looks beautiful.

Commissioner Tully said they enjoyed wonderful weather which enabled more people to come downtown for the celebration.

The Mayor echoed the sentiments of the Council regarding the Hospitality Day and congratulated those who decorated the tree so beautifully.

13. Adjournment

Commissioner Tully moved to adjourn. Commissioner Urban seconded.

VOTE : YEA – Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Schnell, Mayor Krajewski

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:43 p.m