November 14, 2000

Mayor Krajewski called the Workshop meeting of the Village Council of the Village of Downers Grove to order at 6:32 p.m. in the Committee Room of the Village Hall.

Present:Mayor Brian Krajewski; Commissioners Marilyn Schnell, Thomas Sisul, Michael Gilbert, Sue McConnell; Village Manager Michael McCurdy; Village Attorney Daniel Blondin; Village Clerk April Holden

Absent:None

Visitors: Press: Susie Gura, Suburban Life Graphic Residents & Others in Attendance: Dave Tatterson, 1240 Gilbert; Patti Burns, 4204 Highland; Marilynn Gerloff, 4241 Highland; Nan & Jack Schwimm, 2 Turvey Lane; Herbert Bell, 2130 Ashley Ct.; Martin & Sharon Tully, 3678 Venard Rd.; Maria Kantzavelos, Tribune, Oak Brook; Mark Zabloudil, 620 39th St. Staff: Ken Rathje, Director of Planning Services; Sue Brassfield, Grants Coordinator; Lanny Russell, Fire Chief; Dave Burns, Deputy Fire Chief; Jerry Sprecher, Deputy Village Manager; Marty Lyons, Director, Financial Services; Mike Baker, Assistant to the Village Manager; Trisha Steele, Assistant Director, Financial Services

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 cablecast 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

Grant Agreements for Fire Apparatus Purchase. The Manager said Mayor Krajewski worked aggressively to secure funds through the Illinois First Program for the Fire Department rescue squad vehicle.

Sue Brassfield , Grants Coordinator, explained that staff was requesting adoption of two separate resolutions at the November 21 Council meeting, approving two grant agreements from the Illinois Department of Commerce and Community Affairs to the Village for the purchase of a new heavy rescue squad vehicle for the Fire Department.

One grant agreement is sponsored by State Representative Vincent Persico in the amount of $50,000 and the second grant agreement is sponsored by State Representative Patricia Bellock in the amount of $100,000. These two agreements will ultimately be part of a total of four agreements with the estimated funding sum of $275,000 from DCCA . The four agreements will be jointly applied to purchase a new rescue squad vehicle. It is anticipated that a new unit will cost in the range of $350-$375,000.

The vehicle will replace the current rescue squad that responds from Station 1. This specialized apparatus carries all of the fire Department’s extrication equipment for both roadway and industrial use, an air supply, generators, lights, and a variety of rescue equipment. Along with automatically responding to all fires within the district, the Heavy Rescue Squad is an integral part of the Fire Agencies Specialty Teams that includes four additional fire districts. Also, the Squad is available to another larger special rescue organization called the Combined Agency Response team that covers a larger geographical area.

She said because staff is confident in the receipt of these grants and because the specifications and design are nearly complete, staff recommends proceeding with bidding this vehicle. Since delivery will not occur until six months after order date at the earliest, the Village would not receive the vehicle until the summer of 2001.

Chief Lanny Russell then described what the rescue truck would contain including a winch, air supply, technical rescue equipment, high angle rescue and trench rescue equipment, hydraulic jaws, as well as a wide range of additional tools to address most emergency situations.

The Mayor said he attended a two-day rescue-training workshop that showed how quickly Fire Department personnel could respond in unique emergency situations.

Commissioner Gilbert thanked Representatives Persico and Bellock for their cooperation in providing these grants to the Village.

The Mayor said he met with all of the District Representatives in Springfield regarding obtaining this equipment for the community. He thanked everyone involved for their part in providing these grant funds to Downers Grove.

Manager McCurdy said that there will be no Council meeting on December 5, therefore, this item will be placed on the November 21 Agenda. He asked that the Council waive the normal one-week waiting period.

Packaged Alcohol Licenses. The Manager said this recommendation was made by the Liquor Commission, and asked Village Attorney Blondin to make the presentation.

Village Attorney Dan Blondin said the Commission has requested a change in the Ordinance as it pertains to packaged liquor licenses. The Ordinance currently provides for a beer and wine license, or a full liquor license, and does not currently restrict other businesses that may be conducted at packaged liquor stores. Some businesses may seek licenses that are not normally considered packaged liquor stores. There is no application pending at this time, but there is concern about future applications. The Commission seeks an Ordinance looking for restrictions to grocery stores, convenience stores or straight packaged liquor stores. Attorney Blondin said that the Ordinance formerly did provide for restrictions in convenience stores, but that provision was taken out because the definition of convenience stores was too broad, and there was also concern on the part of the Chamber of Commerce to make it more economically feasible for businesses to open that handle liquor.

Attorney Blondin said that this Ordinance will not increase the number of liquor licenses, but will provide that new licenses would have to qualify under the use categories identified in the ordinance. At the present time the Village has issued the maximum number of packaged liquor licenses that can be issued.

Commissioner McConnell asked how they came up with the terms “health/beauty aids and cleaning products.” Attorney Blondin said the reference was formerly noted as “sundry” products. The Liquor Commission was concerned that “sundry products” was an archaic term that had lost its focus and could be interpreted differently.

Commissioner McConnell asked about the definition of main business use, and Attorney Blondin said that the Village is not trying to provide for a proportional sales definition because it is a burdensome process.

Commissioner McConnell said that one of the things discussed by the Commission concerned the percentage of floor space limitation. She asked why that was left out. Attorney Blondin said he was not prepared to answer that question at this time and would get back to the Council with more information.

Marilynn Gerloff , a member of the Liquor Commission, said the Commission didn’t come up with a final opinion on that issue.

Commissioner Sisul was he was not comfortable with the alternative words included to replace the term “sundry,” and asked whether this was reviewed by stores. Attorney Blondin said he could ask the Chamber of Commerce to get a review from their membership. He said this does not affect the operation of drugstores.

Commissioner Schnell agreed that drugstores have changed considerably in their operations and she believes it would be a good idea to have the Chamber look at this.

Attorney Blondin said he could bring this item back in January.

Prosecution of DUI ’s Under Local Ordinance. The Manager said this is a follow-up to the 1999/2000 budget discussions and asked Attorney Blondin to discuss this issue.

Attorney Blondin said this issue arose out of the last budget cycle. Concern was expressed about the revenue aspects and how aggressively the DUI ’s were being prosecuted. He said that each community can elect to prosecute locally. Most DuPage County communities allow the State’s Attorney’s office to prosecute DUI ’s. A community that chooses to prosecute locally must provide at least the same severity of penalty and must provide its own attorney to prosecute. By prosecuting under a local ordinance the Village has more control as to how DUI ’s are disposed of, and can set its own minimum fine. He stated that Naperville has established a minimum fine of $750.00 and has three attorneys handling their cases because the courts often make changes requiring attorneys to be in multiple courtrooms at the same time.

Attorney Blondin continued, stating that it is difficult to track the disposition of cases. He referred to a spreadsheet provided to the Council that tracked cases over a two-year period. The average fine revenue to the Village of cases in Downers Grove was $206, resulting in $59,937 in revenue. He explained the fees imposed by the County, in addition to what the Village receives. He said if the Village had established its own minimum fee of $750, it would translate into $218,000 in revenue.

Attorney Blondin said they are asking to put the Ordinance in place so when the Council is ready to move ahead and begin its own prosecution it will be ready for the police officers to use. He said after approval of the Ordinance it would take a few months to move toward implementation and would provide time for further review by the Council during the budget discussions. He believes this would be a good situation for the Village in that the Village will be able to determine how aggressively to prosecute DUIs, and will benefit from the added revenue.

The Mayor recommended talking to the local police officers regarding this. He said that there are many State’s Attorneys who get assigned to these cases making follow-up more difficult. Having specific attorneys working on the DUIs for the Village would benefit our police officers, rather than having to deal with so many different attorneys. The Mayor said they could look in-house, through Linda Pieczynski, or contract with an outside law firm. Attorney Blondin said that Police Chief Ginex is totally aware of this program.

Commissioner McConnell asked whether the DUIs would be prosecuted in Wheaton. Attorney Blondin said local ordinances are currently prosecuted locally; however, police officers currently have to go to Wheaton for DUIs and would continue to do so.

Commissioner Schnell asked if there is a better conviction rate using municipal attorneys. Attorney Blondin said he does not have statistics as it is difficult to determine. He said he did not think there would be a significant change and does not think it has been an issue for our police officers.

Commissioner Schnell said it appeared from the number of prosecutions, that the conviction rate was not as high as they might think. Attorney Blondin explained that two tickets are written for a single stop by a police officer, however, one of those is usually dropped.

Commissioner Sisul said there is a big difference between traffic violations and DUIs. He said they need more experienced prosecutors in dealing with DUIs.

The Mayor said a DUI is a serious offense. By moving in this direction the Village’s attorney could take on cases that the State’s Attorney’s office might not want to prosecute.

Manager McCurdy said that the proposed ordinance would be placed on the December 19 Active Agenda.

Plan Commission Recommendation: ROW Vacation Turvey Road. The Manager asked Mr. Rathje to make this presentation.

Ken Rathje , Director, Planning Services, stated that the Plan Commission heard this request in a public hearing. The petition was brought by two adjacent property owners living on Turvey. The Commission forwarded a favorable recommendation to vacate the right-of-way. He explained there are two sections of the right-of-way, an east/west section off the first cul-de-sac and a triangular section to be conveyed to 1345 Turvey. Mr. Rathje said that staff has contacted the various utility companies to inform them of the requested vacation. NICOR requested full width utility easements on both sections, and Ameritech, ComEd and ATT requested a 10’ easement. Downers Grove Sanitary District and the Village’s Public Works Department required full width easements. As part of the hearing process the Commission spent a good deal of time regarding a third neighbor’s questions and concerns. The Commission determined that the right-of-way is not an essential issue in terms of maintenance. Mr. Rathje noted that attorneys for the petitioners were present at the Workshop meeting to answer any questions.

The Mayor asked about the LaMantia property, and Mr. Rathje said the LaMantia’s did not consent to the requested vacation. He said there was a follow-up meeting after the Plan Commission meeting with the LaMantia attorney at which time the various permutations were discussed. Mr. Rathje said he informed them that this item would be discussed by the Village Council this evening.

Commissioner Schnell said the discussion of the third area appeared to do with subdividing the property and the potential for creating flag lots. She noted that the property could not be used to create flag lots simply because it did not meet the area width and area requirements. She asked whether the property could be subdivided by taking advantage of this vacation, and Mr. Rathje said that could not be done. He verified that based upon the width requirements, flag lots could not be created.

Commissioner Schnell said she was happy to see the 1991/92 rules hold up under this kind of scrutiny.

Commissioner Sisul said there was a good discussion of the issues and he believed the Plan Commission did a fine job in reviewing the petition for vacation.

Manager McCurdy said that this item would appear on the December 19 Active Agenda.

Fire Department Accreditation: Status Report. The Manager asked Fire Chief Russell to report on the accreditation process.

Fire Chief Lanny Russell said that 3-4 years ago the Fire Department formed a committee to discuss an accreditation tool which would allow for a mission-driven self-evaluation system. Deputy Chief Burns was assigned as the Accreditation Manager about 1-1/2 years ago to bring the accreditation to fruition. Chief Russell said they hope to be an accredited agency within a few weeks.

Deputy Chief Dave Burns said that last spring when they appeared before the Council they were in the final steps of the self-assessment document, and developing supporting documents. He said that the accreditation manual has been completed and distributed to the Council members. That manual was also sent to the Commission on Fire Accreditation International (CFAI).

CFAI has assigned a peer assessor team to do an on-site visit of the department. Members include Chief Don Widing, Deputy Chief Neal DeJesus, and Chief John Gilbert, all from Florida and all members of accredited departments. They are in the process of reviewing the documents and will make a site visit from December 3-6, 2000. Chief Burns explained what will take place during that on-site visit. He then reviewed the accreditation manual provided to the Council, as well as supporting documents including the Strategic Plan, and the Risk & Hazard Assessment.

Commissioner Gilbert asked if the December 4 and 6 meetings will be the final events in the process. Deputy Burns said that the process is not complete until the CFAI team submits their report based on their document review and on-site visit. They expect that report to come sometime in March.

Commissioner Gilbert asked if there have been changes in the Department as a part of this process. Deputy Burns said there had been and described a change in the budget process that included meeting with every shift at every station for recommendations. Those recommendations were reviewed and the membership then rated the items.

Commissioner McConnell said that they should get something just for the sheer volume of information presented in the accreditation documents. She said the executive summary was helpful, and she was happy to see the expectations that were set.

Commissioner McConnell asked if there are levels of accreditation. Deputy Chief Burns said that the CFAI team options are to 1) not recommend accreditation, 2) recommend accreditation, or 3) recommend a deferral to work on shortcomings which the site team feel are necessary.

Commissioner Sisul complimented the Fire Department staff on their good work. Deputy Burns acknowledged the contributions of many members of the Fire Department in this process.

Commissioner Schnell said that anytime you look inward, positive things can come it if. She recommended placing a copy of the Executive Summary in the Library. The Mayor recommended also placing it on the web site.

Commissioner McConnell said that the Risk and Hazard Assessment was fascinating, and asked about how to handle those sites that have been identified as particularly risky. Deputy Burns said that a fourth document responding to how major incidents are handled has also been prepared and submitted.

Marilynn Gerloff , 4241 Highland, asked the length of time of the accreditation. Deputy Burns said it is for five years with status reports required on an annual basis. Every five years the entire process begins again. He provided a handout showing the departments in the United States that have been accredited to date.

The Mayor congratulated everyone in the Fire Department who participated in this project.

Mayor Krajewski then welcomed a Boy Scout member of Troop 95 from Gloria Dei Lutheran Church working on merit badges.

Pay Plan Revision. The Manager said that last year there was a major overhaul in the pay plan with substantial changes in the pay classifications. He said the Village’s goal is to maintain the pay schedule at 60% in comparison with other Chicago communities. To accomplish that an increase of 3.25% is proposed by our consultants, DMG Maximus. They also recommended adding a new grade at the top of the pay plan that would remain empty but would give the Village flexibility to mave a position into it if necessary. He recommended placing it on the next Active Agenda.

The Mayor asked whether staff went on the Metronet and asked how the Village fared. Manager McCurdy said the Village came out at 3.25%.

Commissioner Schnell asked about merit increases and the Manager said that happens in the spring. He said that higher merit increases do not affect the cost of living increase. He explained that there is a performance based appraisal system conducted in the spring.

Commissioner Sisul asked what impact there may have been on the Village’s ability to hire. The Mayor said he recalls Anne Priorello of VOC commenting that it helped them in hiring.

Commissioner Gilbert asked if this increase maintains the Village’s pay scale at the 60th percentile as compared to other communities. The Manager said it does.

The Manager said this would appear on the November 21 Active Agenda.

License Agreement with VoiceStream Wireless. The Manager asked Attorney Blondin to report on this item.

Attorney Blondin said this agreement is consistent with other agreements with telecom operators and refers to placing an antenna on the Summit Street water tower.

Commissioner Sisul asked what type of income this practice has brought into the Village and Attorney Blondin said he would bring that information to a later meeting. Deputy Manager Sprecher said he believed it was close to $200,000 per year. Attorney Blondin noted also that this practice eliminates the potential proliferation of telecommunications towers being built in the Village.

Manager McCurdy said this item would be placed on the December 19 Active Agenda.

Annual Report on Unobligated Fund Balance. The Manager asked Mr. Lyons to explain the report.

Finance Director, Marty Lyons , said that this report is a measure of how the Village is doing with its reserves as a percentage of its future expenditures. This year the fund balance was increased by $223,000, and the reserves are now at 35.5%, down from 38.4% last year. The Village policy is to maintain four months expenses in reserve and the current reserve is over the four-month reserve level. There were new activities undertaken last year in the areas of public safety which explain the decrease in the reserve percentage. He said there are several development projects in the works that would have an impact on the revenue.

Commissioner Schnell asked if the projections of incomes take into account the fluctuations in sales revenues that could occur as the result of the loss of businesses, such as a car dealership. Mr. Lyons said this report compares reserves to expenses, not revenues. Because the budget is balanced every year, revenue and expense fluctuations are taken into account. The Mayor noted that two other dealerships are considering expansion of their facilities.

The Mayor asked about the increase in fines and forfeitures. Mr. Lyons said those will be increased in the projections. He said that building permit fees have already shown increases.

Regarding construction bonds, Mr. Lyons said that there will probably be a decrease in the income earned off the bonds. The Mayor said those need to be refunded in a timely manner.

Preliminary Tax Levy Estimate. Mr. Lyons said that the preliminary tax levy estimate is being presented now due to statutory requirements. He said that no changes have been recommended in the Police and Fire operating tax levies, as they prefer to look at the entire revenue before determining the tax levy. He then summarized the recommendations. He said the Village Levy Rate for 2000 as extended including the pension funds will decrease from .2833/$100 to .2747/$100 of assessed value. The Village’s projected increase in the levy is 2.18%. The Library Operating levy is requested to increase by 5.0%. He said the Library debt service has changed from $680,000 to $682,000. He said that Downers Grove is again the lowest levy for comparable towns.

The Mayor noted from the County’s figures that many communities have multiple service areas. Mr. Lyons stated some of those are non-home-rule communities and their rates are capped, requiring establishment of special service areas.

Mr. Lyons reviewed the pension levies of both the Police and Fire Departments, noting an increase in the police pension fund attributable to the unsatisfactory market. They are still below the 1997-98 level, however.

Mr. Lyons stated that the Special Service Areas are included in the levy. He noted that the Prince Pond assessed value has increased substantially.

Mr. Lyons noted a correction that the Public Hearing will be on December 12 rather than the 5. Also, on page 4, the percentage of police expenses covered by the levy should have been 14.58%.

The Mayor also pointed out in the 1998-99 assessed levy by the County, the residential has increased by 3.45%, and the commercial increased 10.5%.

ATTORNEY ’S REPORT

Attorney Blondin stated he would be presenting for next week’s agenda the Fire Apparatus purchase agreement, the compensation plan, the VoiceStream Wireless agreement, and the tax levy estimate.

COUNCIL MEMBERS

Commissioner Schnell asked for clarification of the December Council meetings. They will be held on December 12 and 19. The meetings scheduled for December 5 and 26 have been cancelled. She recommended putting that in the Village Corner.

Commissioner McConnell said she received an announcement from the DuPage County Health Department regarding the money from the tobacco settlement. She showed a brochure for several programs which the County will develop as part of an anti-smoking campaign. She said brochures were available through the County Health Department at 630-682-7979, x7044. Additional information is available on the County’s web site, www.dupagehealth.org. Mayor Krajewski said that in a survey taken, about 75% of the people in Illinois said they would want to see the bulk of the settlement money go toward smoking prevention and cessation programs.

The Mayor noted that the Village Council will not meet on December 5, as the Council will be attending the National League of Cities convention in Boston. There will also be no December 26 Workshop.

This Saturday, Coffee with the Council at 9:00 a.m. followed at 10:00 a.m. by a discussion on the Ogden Avenue TIF and how it will affect the School Districts. The Mayor said there will be a public hearing on Tuesday, November 21 as well.

Commissioner Sisul said that he would be attending a conference in Atlanta on Smart Growth on December 5.

VISITORS – No comments.

ADJOURNMENT

Commissioner Schnell moved to adjourn to Closed Session pursuant to Section 2©(5) of he Illinois Open Meetings Act to consider property acquisition and Section 2©(11) to consider pending litigation. Commissioner Gilbert seconded.

VOTE : YEA:Commissioners Schnell, Gilbert, Sisul, McConnell, Mayor Krajewski NAY :None

The Mayor declared the Motion carried and adjourned the Workshop meeting to Executive Session at 8:10 p.m.

April K. Holden Village Clerk tmh/