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March 22, 2005

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

Present:Mayor Brian Krajewski; Commissioners Marilyn Schnell, Sue McConnell, Martin Tully, Mark Zabloudil, Ron Sandack; Village Manager Riccardo Ginex; Village Attorney Enza Petrarca; Village Clerk April Holden

Absent:Commissioner Stan Urban

Visitors: Press: Kevin Stahr, Downers Grove Reporter Residents: Willis Johnson, Tivoli Enterprises, Inc., 603 Rogers; Walt Wynarczyk, Thor Guard, 25020 Vermette Road, Plainfield; Gene Cromwell and Dan Cermak, Downers Grove Park District; Andy Clark, 1226 62nd Street; Carlo Cavallero, Comcast, 2001 York Road, Oakbrook; Michael Siantangelo, Gordon Walker, Manlift Simpson, Saturn of Downers Grove, 1866 Ogden Avenue; Christine Fregeau, 1918 Elmore Avenue; Mike Parilla, EDC , 1409 Ridgewood Circle; Terry Madden, 920 60th Place; Tracy Kasson, Rathje & Woodward, 300 E. Roosevelt Road; Mark Burkland, Holland & Knight Staff: Pam Church, Deputy Police Chief; Don Scheidler, Code Services; Susan Brassfield, Grants Coordinator; David Barber, Director, Public Works; Michael Millette, Assistant Director, Public Works; Phil Ruscetti, Fire Chief; Mike Baker, Assistant Village Manager; Rita Trainor, Director, Financial Services; Jon Hall, Stormwater Administrator, Public Works; Sam Webb, Fleet Services Manager

Mayor Krajewski explained that Council Workshop meetings are held the second and fourth Tuesdays at 6:30 p.m. The meetings are video taped live and for later cable cast over cable channel 6.

The Workshop meeting is intended to provide Council and the public with an appropriate forum for informal discussion of any items intended for future Council consideration or just for general information. No formal action is taken at Workshop meetings.

The public is invited to attend and encouraged to comment or ask questions in an informal manner on any of the items being discussed or on any other subject. The agenda is created to provide a guideline for discussion.

MANAGER

Consent Agenda Items

Bid: Purchase of Police Cars. Manager Ginex said the recommendation is to purchase eight Ford Crown Victoria cars in a replacement plan. They are trying to meet the window that will close for these vehicles on April 29. The Manager said there has been some publicity regarding a class-action lawsuit against Ford Motor Company, and the Village will opt out of that lawsuit in April. He said that the quote for the State Bid was $175,254. They contacted Joe Madden Ford with a quote of $178,400 which is within the 4.5% range of the Village’s policy. Staff recommends going with the local vendor. Manager Ginex said there will be an addition $59,600 used to outfit the vehicles.

The Mayor asked if the $59,600 was budgeted for the outfitting.

Sam Webb , Fleet Services Manager, said it was budgeted and should be enough. The outfitting will be contracted out, which is part of the $59,600. If it is over $15,000 it will come back to the Council. If the cost is within 2% of last year’s contract they can use the same company.

Commissioner Schnell asked if this eliminates all the green and white cars. Mr. Webb said there will still be some green and white’s left that don’t have enough mileage to be replaced.

Commissioner Tully asked if this is coming out of the 2005-06 budget and Mr. Webb said that was correct. Commissioner Tully then asked if opting out of the lawsuit gives up any of the Village’s rights.

Enza Petrarca , Village Attorney said it does not.

The Mayor said that typically it seems when one of the police cars is in an accident it always seems to be the new ones and disrupts the replacement schedule. He asked if they could go after the insurance companies with claims on police cars. He asked Attorney Petrarca to follow up on this.

Bid: Police Uniforms. The Manager said staff recommends granting the bid to Kale Uniforms who has the contract for this fiscal year. They have decreased their prices by $1000.

Bid: Police Equipment Bid. The Manager said staff recommends Kale Uniforms being awarded the contract again.

Bid: Village Hall Roof Replacement. The Manager said the Village Hall has had some leaking roof problems. He said that two sections of the roof have to be replaced. Six bids were returned and Roofs, Inc., had a low bid of $23,500, and staff recommends awarding the bid to them.

Commissioner Sandack said the bid is remarkably lower than others and he wanted to make sure staff is comfortable with the bid.

Mike Baker , Assistant Village Manager said when the building services manager made this recommendation that was the first question he asked. He made sure that the company was called to verify that they were capable of doing the work in a satisfactory manner.

Curtiss Block Underground Tank Removal and Soil Remediation. The Manager asked Dave Barber, Director, Public Works, to address this matter.

Dave Barber , Director of Public Works, said that there are still three underground tanks to be removed. The pricing received from Versar to remove the tanks is the best at $38,924. Versar has been working on the Curtiss Block project since the beginning.

Commissioner Tully said, based on experience, it is wise to assume more contaminated soil rather than less.

Bid: Lot B and Forest Parking Lot Improvements, Project #07-04. The Manager asked Mike Millette, Assistant Director, Public Works, to address this matter.

Mike Millette , Assistant Director, Public Works, said that the staff recommendation is to award a paving contract to Chicagoland Paving Contractors for reconstruction of Lot B and the Library lot and alleyway. Six bids were received, and the low bid has two components, a base component of $411,058.20, with an alternate of $35,753. The alternate bid would raise the level of Lot B. There are several small staircases in that lot and there appears to be no reason for that lot to be so low. The alternate bid will raise the level of Lot B, reduce the short staircases, and minimize the wheelchair ramp. The Library lot will be constructed in two halves to provide some parking at all times. Lot B will be closed, however, but will be ready for the Farmers’ Market and Heritage Festival. Mr. Millette said that the split between the two would be Lot B at $176,000 and $21,000 for the Library lot and Curtiss alley. References were checked and all were favorable.

The Mayor asked if the Village has received money from Metra for Lot B. Mr. Millette responded that the Village has not. The Manager said he spoke with their representative today. The Mayor asked what they were going to give the Village for Lot B, and Mr. Millette said they were proposing $224,000 for Lot B and Lot H. The Mayor then asked how long it will be for Lot B to be finished. Mr. Millette said commuters will be offered the Johnson lot area. Construction should take six weeks with favorable weather. As soon as the contract is approved they will begin work, which should start April 11. People will be notified that the Lot will be closed.

Commissioner Tully said the contract shows Lot B being substantially complete by June 10 with the Library lot by June 17, and totally completed by June 30. Mr. Millette said that was correct. The hard surface will be completed in time for Heritage Festival.

The Mayor then asked about the amount of library funds that will be used. Mr. Baker responded that this concerns the use of funds in the Library construction funds. Christopher Bowen indicated they want to use $250,000 for the security system, and they intend to discuss this at their Library Board meeting tomorrow evening. The Mayor said that staff should submit a total of $271,000 to the Library.

Financial Software Consultant RFP . The Manager asked Sue Brassfield, Project Manager, to address this item.

Sue Brassfield , Project Manager for the system, said the first step of this project is to identify a financial software consultant. Eleven RFPs were sent out and four responses were received. Staff interviewed three of those and recommends awarding the contract to Group 1 Solutions, which works exclusively with government and non-profit organizations. They have excellent references, and submitted the low bid.

The Mayor asked whether Lisle used this firm.

Rita Trainor , Director, Financial Services, responded that they did, about five or six years ago.

Commissioner Zabloudil said the reference check with Lisle was an unsolicited reference check.

Commissioner McConnell asked whether these people have done work on financial software systems specifically, and Commissioner Zabloudil said they have.

Commissioner McConnell asked if the Technology Commission is involved in this process, and Ms. Brassfield said they will be involved with the RFP process.

Active Agenda and Informational Items

Manager Ginex requested moving the Park District presentation up since there were a number of representatives present at the meeting.

1. Park District Presentation: Lightning Detection System. The Manager said Dan Cermak, Administrator, Downers Grove Park District, is here to discuss this matter.

Dan Cermak , Park District Administrator, said that the District is considering the installation of Thorguard, a lightning prediction system in the District’s parks. There are over 200 Thorguard lightning prediction systems in the area. Park users are notified of lightning by lights and sirens. When the lightning is out of the area an all clear is sounded. Districts 58 and 99 are considering participating in this project with the Park District. He said there were concerns that the Village Council had no problems with the audio blast. There appears to be no Code restrictions with regard to this.

Gene Cromwell of the Park District said there will be four base units with 19 remotes that would cover all parks and some schools. He explained that notification is made to the base unit and then the appropriate remotes will be sounded, and timers will control when the units will be activated. Mr. Cromwell said the units are 110 decibels and will be tested on a regular schedule.

The Mayor asked about Doerhoefer Park. Mr. Cromwell said that would be covered by the remote unit. The base units will be placed in zones.

Walt Wynarczyk , Thorguard, said they have divided the Village into four zones. They have a one mile radius from the base unit which can set off any number of remotes in that zone. When the system reads a lightning strike, there is a 15 second blast followed by a strobe light. That is followed by a 3-5 second sound for an all-clear signal. Signs will also be posted. As for timers, each base station is controlled by timers, and each base station will be set up separately one time.

Commissioner Schnell asked about educating the public and Mr. Cromwell said that they will use posters, brochures, newsletters, cable TV, etc. He noted that the company provides information for mailings as well, and all parks will be signed. She said that residents around the park areas would need to be educated at the beginning of the project. Mr. Cromwell said they intend to meet with other groups as well.

Commissioner Schnell asked whether this would have an effect on wildlife at Lyman Woods. Mr. Cermak said he doesn’t believe this will affect the wildlife. Mr. Wynarczyk said that there is a system where there are horses and they did not react.

Commissioner Schnell asked that they work closely with the Village staff regarding use of Cable TV and the Village Corner.

Commissioner McConnell said that education is an important piece of this project, and appreciates that the Park District brought this to the Council’s attention.

Commissioner Tully also expressed his appreciation to the Park District for their courtesy in informing the Council about this project. He is glad to see this occurring in the Village, and that it is in compliance with Village ordinances.

Commissioner Zabloudil said as a member of the youth baseball organization he looks forward to seeing this project go forward. It will keep everyone safe, and is something that has been requested for a long time.

The Mayor asked about the timeline. Mr. Cermak said they plan to put it up for authorization at their April 7 meeting, and anticipate that it should be completed by June 30. He will report back that there are no concerns from the Village Council and that they have offered the Cable services.

2. CBD Zoning Amendment. The Manager asked Mike Baker, Assistant Village Manager, to address this item.

Mr. Baker said that staff wants to present some of the work done to amend the Zoning Code as it pertains to the downtown area. He said this item is directly tied to the Council goals to simplify the manner in which the ordinance is organized. Mr. Baker said that the revisions divide the area into two districts, made up of the CBD , and the surrounding downtown transition district. There will be extensive public input in this process, and it will be moved forward to the Plan Commission for their review.

The Mayor asked Mr. Burkland, the consultant, whether in its current state the revisions will be easier to follow.

Attorney Mark Burkland , said it will be very much easier. There is a dramatic improvement and the two districts replace at least four or five complex areas. Staff has done a terrific job in making this easier to understand.

Commissioner Sandack said that the Zoning Code has evolved and it is time to look at it on a macro level and simplify it. This needs to be done.

Mr. Burkland said that staff was careful to be sure these changes will stand as the proper format and model for a broader set of amendments to the Zoning Ordinance.

Commissioner Schnell said that they asked for this to be started in 1992. It is easier and simpler. She asked about the timeframe for completion.

Attorney Petrarca said that it is expected to go before the Plan Commission April 13 for the initial public hearing, and this will be its only agenda item. They fully expect there to be additional meetings.

Commissioner Tully said this is a long-standing project and he is happy to see some progress. He noted that this is being done in coordination with the Curtiss Block redevelopment.

The Mayor said that the Plan Commission has a lot of work ahead of it. The Zoning Board of Appeals is not meeting as much. He is not sure that the Plan Commission can handle all of the work, and he suggested looking into the Zoning Board of Appeals agenda.

3.An Ordinance Adopting the 2000 International Building Code and An Ordinance Adopting the 2005 Energy Conservation, Fuel/Gas and Mechanical Code. The Manager said this was presented in October 2004, and some revisions were prepared. The Village currently operates under the 1996 BOCA Code. Staff recommends the adoption of the 2000 Code.

The Mayor asked about the triggering mechanism for permits under the current Code.

Don Scheidler , Code Services, said that according to the 2000 Residential Code, anything that requires a permit within the structure, requires the installation of smoke detectors as per the Code for new construction. It was done because smoke detectors were not cleaned and replaced. The deck and garage does not require it, however, interior work requiring a permit does require hard-wiring the smoke detectors.

Commissioner Schnell said she heard the cost of hard-wiring was $1,500.

The Mayor then mentioned the grand opening of the new McDonald’s, a 24 hour operation. He said that they received comments that they cannot operate on a 24-hour basis. Mr. Scheidler said he doesn’t know about that.

Attorney Petrarca said that attaches to the special use, and that McDonald’s was open prior to the special use. They need to come before the Plan Commission for a special use. She said that Keith Sbiral is working on this. The Mayor said he would like this information tomorrow. Mr. Scheidler said that Code Services hasn’t contacted them.

Commissioner Sandack said they should probably just adhere to whatever hours they had before.

Andrew Clark , 1226 62nd Street, asked if the smoke detectors apply only to the room being remodeled. The response was that it applies to the entire house. Mr. Clark said that the estimate of costing thousands of dollars is probably correct. Conduit will have to be put through walls and ceilings to accomplish this. Mr. Clark said that the Village can revise the BOCA Code and they perhaps should consider that for a more reasonable requirement.

Mr. Scheidler said that staff has had several calls. He said that they realize it may be impossible to wire these in series, but staff tries to work with people to find a means to run through the system.

Commissioner Schnell asked whether a screened-in porch would trigger this. Mr. Scheidler said it would not, unless it is part of the interior of the home.

4.Adoption of ICC 2000 International Code. The Manager said this came before the Council in October 2004. Staff has made some revisions, and Chief Ruscetti has met with the Downtown Management Board and the Chamber of Commerce to make presentations on this Code. The Management Board has sent a letter agreeing to this, and the Chamber has indicated that they are also in support of this.

Fire Chief Phil Ruscetti said that basically the two major concerns from the public concern the installation of sprinklers upon the sale of a building, and whether this Code will require all buildings to be sprinkled, including the old buildings in town. He said that sprinklers are not necessary unless there is a change of use to something that is more restrictive or hazardous. Further, if the square footage exceeds the amount outlined in the Code, or the building undergoes significant remodeling the sprinkler regulation can be triggered.

Chief Ruscetti said that Boston Globe Investment Study reported on the importance of fire departments to arrive at a fire within six minutes. The Village’s Fire Department responded 87.7% of the time within that time frame. He noted that today it is expected that a person has to escape within the first three minutes due to materials used to make furniture. He then showed a sprinkler demonstration.

The Mayor said that they are proposing adoption of the 2000 Code with exceptions, and asked whether the exceptions are unique to the Village. Chief Ruscetti said that every community looks at their own specific needs.

Attorney Petrarca noted that most municipalities adopt the Code to fit their needs. She indicated that their consultant provided the Village with a list of exceptions.

The Mayor asked if the square footages triggering the requirement for a sprinkler system are the same as other communities with the Village at 1500. Chief Ruscetti said that Oakbrook and Lombard are at 1000 square feet, and Darien/Woodridge are at 2000 square feet. The Mayor suggested just going to zero. He asked then, if the owner makes the 35% of change or remodeling, how we know the costs.

Mr. Scheidler said that the owner will tell the Village what they will spend, and the Village can ask for an appraisal. In terms of tenants, the buildings will be done in portions and people will be moved around. The owner should have plans prepared in terms of placement of tenants.

The Mayor then asked about the size of the watermains and whether they will have to dig up the mains. Chief Ruscetti said they would. He estimated a cost of a building on Ogden Avenue of $27,000 to get water to the building. He noted that the County is requiring this.

Mayor Krajewski asked whether all townhouses being built would require sprinkler systems, but not residential houses. Attorney Petrarca said that it is correct. It is in the 2000 Code and is not an exception.

Commissioner Schnell asked in terms of logistics, how is this phased in, and whether there will be a grace period. Attorney Petrarca said that building plans submitted after the adoption will be pursuant to this Code. If they already have their permit they use the existing Code.

Commissioner McConnell asked for clarification that what is being approved is the actual plan for the building permit. Attorney Petrarca said that was correct. Commission McConnell said that a lot of time has been spent on this and she agrees with moving forward with this. She said the dialogue resulted in the development of an introductory letter to those coming into the Village.

Mayor Krajewski asked about a timeframe for the 35% improvement. Mr. Scheidler said that the intent of the Code does not allow one to come back in a month or two. There is little they can do about that. The Illinois Accessibility Code requires that a building has to be up to Code over a three-year period. The Village’s is more arbitrary.

Willis Johnson of Tivoli Enterprises, said he did not meet either of the requirements put forward tonight but was required to sprinkle the Tivoli at a cost of $250,000. It took nine months to put the sprinklers into the building because they had to work through concrete. While in the process of doing the work, Warren Avenue was rebuilt and bigger water mains were installed. He does not understand why the Tivoli had to be sprinklered based on the criteria put forth tonight. They did not make substantial changes in the building and the changes made did not come together at 35% of the building. The Mayor responded that he recalled that situation and at the time asked the then Manager and staff why this occurred, and no one could provide an answer as to why the Tivoli had to do this.

Commissioner Schnell said that all she remembers is that the Council was told they had to, and she does not know what the criteria was or why. She then asked if a building is remodeled and the water line is not sufficient, who has to pay for the water line.

Chief Ruscetti said that his understanding is that the hook up is free, but the building owner is responsible for putting the supply line in. The Village is responsible for making sure the main is the right size. In terms of the expense in a residential area, he said that this is a good investment and is a one-time investment. The answer is sprinklers and it is better to be proactive.

Commissioner Schnell said they have 4” water mains in the residential areas, but not all of those will be upgraded to 6” mains. She said that perhaps they need to look at this as a higher priority in the capital projects plan to assure that the infrastructure is in place.

Commissioner Zabloudil asked about liability in relation to inadequate watermains.

Attorney Petrarca said that the Village would be immune from liability by virtue of the Tort Immunity Act.

Chief Ruscetti said that the sprinkler company doing the installation does hydraulics tests.

Commissioner Schnell said that Public Works has to begin looking at this in a proactive way to be sure that the infrastructure is in place before the Village requires others to do this.

The Mayor suggested that Public Works provide maps of the 4” mains to see where this can be implemented.

Mr. Barber said Public Works looks at fire protection systems when a development comes in. They would extend the line if necessary, and that is part of the process. He said there are seven water towers that provide pressure and capacity, as well as loops around the Village. They are working on a more accurate system map, and they are also looking at creating a computer model of the water system to determine the best capital improvement project. Mr. Barber indicated that in many cases the gallon per minute water output for individual sprinklers is sometimes lower in fighting localized fires than tapping into hydrants because the sprinklers are right at the point of the fire.

The Mayor then asked about the Sievers development and the cost of sprinklers, and whether that cost is from the water main. Manager Ginex said it is the whole system, including the mains and the lines to the units. It is a subdivision and he has to put in the main. The Mayor asked if the main was already in place and not sufficient, would the Village have to pay to put it in, and Attorney Petrarca said it might be the Village’s responsibility.

Chief Ruscetti said there are ways to build a building with the 4” mains.

5.Parking and Traffic Recommendation: No Parking Restrictions for Mochel Drive . The Manager said this recommendation is to expand parking restrictions to both sides of Mochel Drive.

6. 2005 Assistance to Firefighters Grant Application to the Department of Homeland Security. The Manager said staff recommends submitting a grant in the amount of $220,167 for replacement of 53 self-contained breathing apparatus units and face pieces. This would require a match of 10% with the Village portion being $24,462.

Commissioner Schnell asked about the probability of getting this. Chief Ruscetti said they don’t know. Commissioner Schnell said her concern is that this sounds like something the firefighters need, and asked if this was budgeted if the grant does not get funded. Chief Ruscetti said it would have to be budgeted for 2006/07. The current equipment would last. He said this is essential equipment and firefighters assess the grants.

The Mayor suggested budgeting this on a phase-in basis.

Saturn Tax Incentive Agreement. The Manager asked Mike Baker, Assistant Village Manager to discuss this matter.

Mike Baker , Assistant Village Manager, said staff is recommending approval of the sales tax rebate agreement between the Village and Saturn of Downers Grove. Saturn’s dealership is located along Ogden Avenue replacing the former Stillwell dealership. This is similar to other rebate requests, and has been reviewed internally as well as with the EDC Attraction/Retention Sub-committee. He indicated this provides an incentive to the business for expenses incurred for improvements on the site, acquisition of the dealership and property lease. Particulars include a 50/50 split on sales taxes generated from the business above a $12 million base. Over a period of seven years this could generate approximately $800,000 if sales meet the expectations. He indicated that the Village has entered into such agreement in the past because it is a win-win situation in that it is an investment in the community, an improvement on the site, expands the sales tax base, and allows for attraction and retention of viable businesses to the community and particularly along Ogden Avenue. The length of the agreement is seven years. The projected sales would be $32.7 million annually with a base of $12 million. The annual rebate would be projected at $100,000. A provision has been included that if they exceed the $700,000 the split changes to 75/25%.

The Mayor asked what the purchase of franchise is, and Mr. Baker said they had to acquire the existing dealership in Countryside at a cost of $1.5 million. Mayor Krajewski said that the cost of franchise and lease seems to be outside the scope of what is in the other agreements. He noted that it is outside the TIF area. He sees $1.2 million of eligible costs to renovate the buildings. He doesn’t think they should be assisting in the acquisition of the franchise or in lease payments.

Commissioner Sandack said he favors these as they add to the Ogden Avenue Master Plan. He asked Mike Parillo to comment on the project.

Mike Parillo , EDC , said that the rent factor is high. He said that the agreement is similar to other agreements. The base is hefty considering that Saturn has not sold a vehicle here as yet.

Mandy Simpson , an attorney representing Saturn, said they asked for $1.6 million. There were offered $800,000. They are not expecting to be reimbursed for the rent and moving the franchise. He said that some of the costs incurred have been for the Ogden Avenue landscaping.

In response to Commissioner Zabloudil, Mr. Simpson said some of the costs are for landscaping, sidewalks and a new roof on the building. Saturn wants a dealership in this community.

Commissioner Tully clarified that there are two goals of the incentive agreement, one being improvement of the site, and the attraction/retention of sales tax dollars. This project accomplishes both goals. He thanked Mr. Parillo for coming to the meeting, saying that the dealership is a benefit to the community and to Ogden Avenue. He said that in terms of gauging what the tax sharing arrangement is, they need to assess the costs and needs.

The Mayor asked if they have other Saturn dealerships and Mr. Simpson said they have five others. The Mayor asked if they will be ready to go April 1, and Mr. Simpson said they have a walk through on Thursday afternoon.

Commissioner Zabloudil asked that if there are any delays or problems in the walk-through they come to the Village for assistance.

8.Stormwater; SERZ Amendment. The Manager asked Jon Hall, Stormwater Administrator, to address this item.

Jon Hall , Stormwater Administrator, said this revision can reduce construction costs in commercial areas. SERZ stands for Stormwater Economic Redevelopment Zones, and the amendment was approved by the County on March 8. It entails a reduction in required detention volume which will effect Ogden Avenue and other commercial areas, and results in a 50-60% reduction in volume. He said that to be eligible there must be over 80% of the area covered with impervious surfaces as of the effective ordinance date. This will allow for those parcels to be granted exemption without a variance.

Commissioner Tully said that this proposal requests revising the Village’s Ordinance to match that of the County’s Stormwater Ordinance. If the Village did not do this it would be more restrictive than the County regulations. He asked if there are any areas where the Village would want to be more restrictive. Mr. Hall said that this allows staff to choose to not grant an exemption if they feel it is necessary.

Andrew Clark , 1226 62nd Street, said he does not approve of this. It sets a bad example for developers. He said there have been complaints from people about runoff, and he feels there should be provisions for directing stormwater. The Village should have more precautions and be more definitive.

The Mayor said that Morningside’s development had to put in detention ponds. This amendment would have allowed them not to include the detention ponds because they added greenspace when improving the site.

Commissioner Tully noted that this ordinance only applies to commercial areas as a practical matter. This includes areas greater than one acre with more than 80% impervious area. Mr. Clark said he had not read the actual ordinance but was reading from the Agenda. He was assured that this concerns commercial property only.

9.Setting Cable Rates for Equipment and Installation. Mayor Krajewski said this will adopt an order setting cable television rates for equipment and installation.

A RESOLUTION ADOPTING AN ORDER SETTING CABLE TELEVISION RATES FOR EQUIPMENT AND INSTALLATION

RESOLUTION 2005 -14

Commissioner Tully moved to adopt a resolution adopting an order setting cable television rates for equipment and installation, as presented. Commissioner McConnell seconded the Motion.

VOTE :AYES:Commissioners Tully, McConnell, Sandack, Zabloudil, Schnell, Mayor Krajewski NAYS :None

The Motion passed unanimously.

10.Capital Budget Discussion. The Manager asked Dave Barber, Director, Public Works, to discuss this item.

Mr. Barber said the capital plan was reviewed in February, and certain questions were raised. He reviewed 17 new capital project sheets including additional funding for sidewalk replacement, roadway maintenance improvements, street reconstruction in Knottingham and Concord Square, financial software, fire station improvements, new Fire Station #2, new training facility, new Police Station and new Village Hall. He said these are potential projects only. Mr. Barber said he has provided all of the necessary sheets for the Council’s review. The additions added increase the plan by the first year at $800,000.

Mayor Krajewski asked about the cash flow statement for 2005/06. Mr. Barber said they show expenditures of $3,097,457. He explained that there are two three-page summaries arranged by program or by fund. He explained that this includes all sources of funding. As for the Forest Lot, Mr. Barber said the money can be transferred either to the Library fund or the Parking Fund. If it goes into the Library Fund there will be more money in the Parking fund.

Commissioner Sandack thanked Mr. Barber for his work, stating the information was a valuable tool.

Mr. Barber said there is another project which includes a grant for upgrading traffic signals that needs to be added to this.

Commissioner McConnell asked whether items listed for 2005/06 are what is being agreed upon. The Mayor said that was correct, and the $7.3 million is in the budget. He noted that they also discussed the $400,000 which would be transferred into the capital fund, and this is not reflected in the report.

Commissioner Schnell asked for clarification that part of the $400,000 would be for software, and that they would be increasing the sidewalk repair by $50,000. Mr. Barber said these figures reflect the street repair, however they may not have the staff to handle all of this.

Commissioner Tully said they had previously been presented with a capital improvement five-year and ten-year plan focused on 2005/06. He said that everything on that list needed to be done. Secondly the additional projects to Fund 220 included $50,000 for sidewalk repair and replacement; $500,000 for street repair; $200,000 for software. He asked if everyone is in concurrence with those expenses, since they are over and above what was originally discussed by $350,000, which would have to come out of the surplus.

The Mayor said they have $400,000 from the property tax levy, plus the $588,067 ending cash balance for 2005/06.

Commissioner Tully then asked if there were any additional capital improvement projects for 2005/06. Staff capability is also a practical consideration. Mr. Barber said that extending an existing project would be easier than taking on a new project, given existing staff.

Mayor Krajewski asked if they could put a contingency in so if they get good bids they could add the extra projects. Mr. Barber said that they are planning on putting Gilbert and the second segment of Sterling into the sidewalk plan. They would like to bid the whole project.

Commissioner Tully asked whether the stormwater projects could be bid as a project, and Mr. Barber said that the plans for that are more complicated. They will use flexibility in the bidding process wherever possible.

The Mayor asked that the $400,000 from property taxes be put in as a contingency as a line item.

STANDING COMMITTEE REPORTS

Public Safety Committee

Commissioner McConnell said the Public Safety Committee met with the Police Department last week. They will be Workshopping some potential booking and administrative towing fees in April. The Police Department has submitted a well-formatted quarterly overtime report, and they have asked the Fire Department to do the same. These reports should be coming before the Council soon. As for downtown enforcement issues, skateboards are a continued concern, particularly with the new parking deck and information will be published soon regarding this. She said that a draft Police Department Mission Statement and 2005/06 goals was prepared. Commissioner McConnell said that a new program entitled “A Child is Missing” is an automated dialing system to notify neighborhoods of missing children, the elderly, etc. It is a free service through grant funding. An announcement about this will be made May 18. Regarding the annual data collection, the Village conducted a manual count of cars in the Village and counted 157,000 cars.

Public Services Committee

Commissioner Schnell said Public Services met earlier this evening and continued the discussion of the process used for professional engineering services. She referenced a letter received asking questions of staff. Staff will respond to the individual. She said the question is, as a matter of policy, does the Council want to direct staff to notify all firms in Downers Grove of an RFP regardless of whether they qualify or not. In addition, the Committee will recommend to the Council what should be done regarding the Stormwater Master Plan. Their next meeting is May 17 at 5:30 p.m.

The Mayor said he thinks the RFP information should be for all bids that go out. If someone is excluded they should throw out all the bids.

MANAGER ’S REPORT

Manager Ginex said that last Wednesday he attended the DuPage Mayors and Managers meeting where they discussed the O’Hare Modernization Program. It was very informative. Last Friday he attended the quarterly Advisory Board meeting at the Suburban Law Enforcement Academy. Discussion included building a stand-alone police academy at the College of DuPage. The expected cost is $16.7 million, and they are looking for assistance through contributions. The College is willing to make a contribution of $8 million. It was recommended that agencies using the academy could contribute to the costs. To date the Academy has trained 1,366 officers, and is one of the only training facilities in the State to deliver terrorism training.

The Manager noted that on Good Friday, the Village offices will close at 3:00 p.m.

ATTORNEY ’S REPORT

Village Attorney Enza Petrarca said she was presenting seven items to the Council: 1) An ordinance adopting the 2000 International Building code; 2) An ordinance adopting the 2000 International Energy Conservation, the 2000 International Fuel Gas and the 2000 International Mechanical Codes; 3) An ordinance adopting the 2000 ICC International Fire Code; 4) An ordinance adopting parking restrictions on Mochel Drive; 5) A resolution authorizing submittal of grant application to the Department of Homeland Security for the FY 2005 Assistance to Firefighters Grant; 6) A resolution authorizing execution of a sales tax rebate agreement between the Village of Downers Grove and Saturn, LLC ; and 7) An ordinance amending Stormwater and flood plain provisions.

VISITORS

Terry Madden , 920 60th Place, commented on the e-mail he sent to the Council regarding infractions of the Library Board members Stephen Daniels and Kathy DiCola. He said he thought they had broken rules. He said the meeting was moved; however, on Sunday they posted on the Library another political notice announcing moving the meeting, which is clearly another violation of Library policy. He asked that the Council as the governing board of the Library do something about this. They should not use the Library for their own political interests. He said Christopher Bowen agrees that this was an infraction of the rules. He checked the by-laws and code of ethics of the Library Board, and they are breaking the code of ethics. He asked the Council members if infractions are cause for action.

The Mayor responded that he referred this to the Village Attorney. He had breakfast with Stephen Daniels and they discussed that public entities cannot use public funds for political purposes.

Attorney Petrarca said that the Village does not have jurisdiction to enforce the rules and regulations. She has discussed this with Christopher Bowen.

Mayor Krajewski said that the Council appoints the Library Board, and has the ability to remove Board members. He will speak further with the Village Attorney on this.

Mr. Madden said he clearly sees conflicts in the Code of Ethics.

The Mayor said he takes the violations very seriously.

Commissioner Zabloudil said that the Council takes violations seriously, and needs to wait for advice from the Attorney as to the boundaries of the Council in taking further action.

Commissioner Sandack does not know if there have been violations. If so, they need to be dealt with.

Commissioner Schnell agreed that she does not know if there has been an infraction. If so, she agreed that it needs to be dealt with.

The Mayor said that the Library Board is reviewing their policies as well.

Commissioner Tully said he takes the infractions of the rules seriously. He said that Mr. Madden rightfully brought these points to the Council. He said that they moved their meeting and it did not take place at the Library. He understands that the sign was a way-finding sign, and did not seem to be an infraction. He appreciates the residents bringing this forward.

Commissioner McConnell said that any time there is a potential infraction it warrants serious investigation.

Mr. Madden said that last week one of the candidates for Council dropped out of the race. A Downers Grove Reporter article written by Kevin Stahr created ill will and outrage throughout the Village. Mr. Madden said that Mr. Stahr is the kind of reporter that we do not need, and he is not a fair reporter. He said that people should send letters to the publisher and editor as well as other papers. Mr. Madden said that Mr. Stahr’s article destroyed the life of the candidate. The Village does not need this reporter or this paper. He encouraged people to take the Friday paper and return it to the Reporter.

The Mayor said he has had residents ask about delivery of papers, because people do not like the papers thrown in their front yard.

Attorney Petrarca said this is a freedom of speech issue and the Village has no control over this.

Mr. Madden said he encouraged the people to return the paper to the Reporter.

Regarding political signs, Mr. Madden said that Bob Sandmann was removing signs from the property and explained to Mr. Madden what the rules were. He thanked Mr. Sandmann for his help.

Mike Kelch, 729 Carpenter, said that Mr. Peckhart is a good friend of his. He would have been a great candidate, and he is concerned that the paper is one-sided and targeted. He encouraged the Council to talk to the Reporter and not let them push Elena out of the race as well.

ADJOURNMENT

The Mayor asked for a motion to move into Executive Session.

Commissioner Tully moved to go into Executive Session pursuant to Section 2©(1) of the Illinois Open Meetings Act to discuss personnel. Commissioner McConnell seconded the Motion.

VOTE :AYE – Commissioners Tully, McConnell, Sandack, Zabloudil, Schnell, Mayor Krajewski NAY – None

Mayor Krajewski adjourned the Workshop meeting into Executive Session at 9:45 p.m.

April K. Holden Village Clerk tmh