April 02, 2002

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 Thomas Sisul, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Absent: Commissioner Michael Gilbert 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 for Approval Only – March 5, 2002 Council Meeting – March 19, 2002 Workshop Meeting – March 26, 2002 Executive Session Minutes for Release: 10/10/94, 2/1/00, 9/12/00, 10/10/00, 11/14/00, 1/16/01, 1/23/01, 3/6/01, 3/13/01, 5/8/01, 7/3/01, 8/28/01, 9/18/01, 9/25/01, 10/2/01, 10/16/01, 10/23/01, 11/6/01, 11/27/01, 1/15/02

Commissioner Tully noted a duplication of the Village Manager’s and Acting Village Attorney’s names in the roll call of the March 19, 2002 meeting.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

There were none.

5. Public Hearings

2002-03 Budget and Proposed Five-Year Financial Plan Mayor Krajewski called the Public Hearing to order at 6:34 p.m. to consider the proposed Village Budget. Notice of this hearing was published in the Downers Grove Reporter and a certificate of publication is made a part of these proceedings. He then summarized the procedures to be followed for the Public Hearing.

Manager Ginex said that the Council received packets which included updated figures from the last budget meeting.

Marty Lyons, Director of Financial Services, said staff is presenting the budget and financial plan for Fiscal Year 2002-03. He said it was a difficult budget year. Focus was given to public safety, continuation of CBD development initiatives, and maintained stability of Village services and infrastructure.

Mr. Lyons then reviewed the budget procedure, using a slide presentation to display the various documents related to the budget. The budget total for Village funds is $86,843,095 in revenues and $90,651,208 in expenses. The Village also acts as approving body for the Library which had revenues of $3,737,803 and expenses of $4,078,370. While the expenditures exceed the revenues, he stated that a large portion of the expenses are associated with capital projects and this is a planned spend down of reserves in many cases. The bulk of revenues are the result of $27.8 million in taxes, $10.9 million in sales and enterprise funds, and $27.5 million from other financial sources including the planned bond issue to finance the majority of the parking deck. Interfund transfers are also included in that figure.

Expenses compared by type show that 1/3 of the expenses are for personnel, and $20 million will be spent on capital projects. A large majority of the expenses go toward putting in new infrastructure or servicing the public. The General Fund revenues will increase from $34.1 million to $35.6 million, the majority of which come from sales taxes (54.2%). Hotel taxes are also included in this calculation.

Regarding expenditures, Mr. Lyons said that about 3/4 of the general fund expenses are for personnel. Only $9 million of the general fund expenses are for supplies or other expenses. He noted that expenses by department show an increased commitment to public safety from 57% last year to 61.1%. He then reviewed some of the personnel changes including both reductions and new personnel. Mr. Lyons noted a change also in the Hotel Tax from 3.5% to 4.5%, and the Telecommunications Tax from 3.5% to 4.5%.

Commissioner Tully agreed that this was a difficult year and he expressed his appreciation to staff for their open and frank review of the budget, and efforts to continue maintaining the level of services and quality to the public without further increasing the property tax. He said increases in tax based upon use is fairer than an overall tax increase. He then asked Mr. Lyons about the policy with respect to an operating reserve.

Mr. Lyons responded that the current policy is to have a four to six-month operating reserve for the general fund only as measured by next year’s budget. He said the budget proposes a 25.1% reserve in the general fund, which is a three-month reserve. He said staff and Council will also review the reserve on a fund by fund basis. Different funds have different needs, such as pension funds. Commissioner Tully said that the purpose of the reserve is to take care of one-time events, such as a recession. Mr. Lyons said a lot depends upon where the revenue comes from, such as all from one source versus a diversified revenue base.

The Mayor asked whether there is also a spend down in the water fund. Mr. Lyons said they are doing so to install the new water meter system.

Commissioner McConnell agreed that this has been a tough year and commended the excellent job staff did in its cooperation with the Council’s requests. She said it is important to look at the whole situation and to provide the needed critical services to the Village. She asked about the hotel tax and utility tax increases, and Mr. Lyons said the hotel tax would be effective in August, and the utility tax in June as the Ordinances are prepared and will be voted upon tonight.

Commissioner McConnell then asked whether the counselors would be maintained for Health and Social Services and Mr. Lyons said they would. She said that the community programs will continue to be provided. Mr. Lyons said there will still be two full-time personnel and five part-time counselors, as well as the two resources counselors. Commissioner McConnell said surrounding communities are providing crisis counseling on a short-term basis.

Commissioner Schnell said this has been her 14th or 15th budget, and has been the best in terms of interaction with staff. It was a good and positive process, and she complimented all of the staff for their participation and cooperation in the process. She said that, although she had a difference of opinion regarding the hotel tax, from a public perspective, the benefit of the increased telecommunications tax will be the improved public safety services.

Commissioner Sisul said one change he found to be most interesting in this year’s approach to the budget was the Council’s desire to deal with a future perspective in its dialogue with staff.

Mr. Lyons noted that both the Village Manager and the Deputy Village Manager were new staff members and their contributions were also very helpful.

Commissioner Zabloudil agreed that the process went well this year. He said it was a tight budget year and tough decisions had to be made. He said they need to have the right tools in place to assist in managing the budget this year.

Mayor Krajewski thanked Marty Lyons and Dave Van Vooren, as well as Manager Ginex for their input. The staff did a tremendous job, and he appreciates the efforts made to look at the long-range issues as well. He then thanked Commissioners McConnell and Zabloudil for sitting on the Finance Committee. The Mayor asked whether the new personnel would include a planner. Mr. Lyons said it would and is in the budget document.

The Mayor said the hotel tax would be factored in beginning in August. He said the Village Manager looked at some areas to make up for the difference. He added that he and Mary Scalzetti met with John Randall, the general manager of the Marriott Hotel last week. The Mayor said that the Marriott and Doubletree bring in the largest share of the hotel taxes, and Mr. Randall said that this year’s room rate is $89 versus last year’s rate of $129. The Mayor said that based upon the decrease in rates, the hotel tax estimate may not be as high as anticipated. Mayor Krajewski said that Mr. Randall told him he was very impressed with the economic development program of the Village which also helps drive the hotel usage. Since 9/11, business travelers are now doing four-day versus five-day weeks, which also decreases the income. Mr. Randall told the Mayor that business people do not seem to shop the hotel tax rates, while leisure travel people are aware of the tax rates. That is one reason why the request was made by the hotel industry to delay the increase until after summer. Mayor Krajewski said that since it was learned that the hotels contribute to the DuPage Visitors Bureau, Mr. Randall said it might be advisable for the Village to use its $44,000 contribution to the Bureau toward economic development. Mr. Randall said that although the Village’s advertising has been well thought out and prepared, it does not help the hotel industry, and recommended again that the funds be distributed toward economic development. The Mayor suggested that staff look into reducing the contributions to the DuPage Visitors Bureau based on the comments made by Mr. Randall.

Commissioner Schnell said that the $44,000 contribution is a population-based formula, and it would be all or nothing rather than reducing the contribution. The Mayor noted that Naperville doesn’t contribute anything to it. He also noted that Mr. Randall was interested in working with the Village’s economic development board. Mr. Lyons said when those original contributions were made, the County was interested in drawing from the tourism in Chicago; however, now there’s just as much competition within the County itself.

Mayor Krajewski noted that Christopher Bowen, Executive Director of the Library, was present at the meeting. Commissioner Sisul asked if he would explain the Library’s budget process.

Mr. Bowen said that the Library is fortunate that the Village has been so cooperative with them in the budget process, which eliminates the Library’s need for a business manager or administrator. He said he has been in Downers Grove for 18 years. Their primary source of revenue is property tax, as they do not receive sales tax revenue. The Library prepares its budget in the fall with the Library Board, and then reviews the line item budget for approval by December. That document is then submitted to the Village. Mr. Bowen noted that this year’s budget has a substantial increase as they now have a good sense of the use with the new facility. The increase is in capital expenditures which goes to their five-year plan. He indicated that the actual operating budget increased about 2% without the capital projects. Regarding the property tax bill, since the Library building bonds were levied, the total tax has increased 1.8% to 2.1% each year. Mr. Bowen said the Library’s building project was $8.6 million. At present Elmhurst’s Library building project, which is comparable to the Downers Grove Library’s facility, is at $20 million. Oak Park’s central library is a $28 million project.

There being no further questions or discussion, Mayor Krajewski closed the public hearing at 7:20 p.m.

6. Consent Agenda

COR00 -00829 Claim Ordinance: No. 5423, Payroll, March 22, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -00830 List of Bills Payable: No. 5424, April 2, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -00845 Bid: Award Contract to Swallow Construction for $367,491.00 plus 10% contingency for Construction of 2001 Water Main Improvements Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Water Main Improvements

BID00 -00847 Bid: Award $17,400 to R.J. Recording for 2002 Sound Contract for Heritage Festival Sponsors: Tourism and Events Commission A motion was made to Approve this file on the Consent Agenda. Indexes: Heritage Festival 2002

BID00 -00848 Bid: Award $15,000 to Lumina, Inc. for Heritage Festival Fireworks Display Sponsors: Tourism and Events Commission A motion was made to Approve this file on the Consent Agenda. Indexes: Heritage Festival 2002

BID00 -00849 Bids: Award Contract to Geneva Valve Tap Company to Supply and Install Water Insertion Valves Sponsors: Public Works Summary of Item: Water Insertion Valve Supply and Installation awarded to Geneva Valve Tap Co. at the following quoted unit prices:

• 6” $4,725.00 each
• 8” $5,300.00 each
• 12” $7,700.00 each
• 4” $4,275.00 each
• 10” $7,000.00 each

A motion was made to Approve this file on the Consent Agenda. Indexes: Water Valves

BID00 -00851 Bid: Award $5,979.00 to Severn Trent Pipeline Services, Inc. for Leak Detection Survey Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Leak Detection Survey

BID00 -00852 Bid: Award Contract Extension until April 30, 2003 to U.S. Filter Distribution Group, Carol Stream, IL for Supply of Hydrants Sponsors: Public Works Summary of Item: Extension of contract until April 30, 2003 to U.S. Filter Distribution Group for the supply of hydrants in accordance with the following unit prices:

• 5’ flange $848.28 each
• 5’6” flange $866.46 each
• 6’ flange $884.62 each
• 5’ M.J. $851.12 each
• 5’6” M.J. $869.30 each
• 6’ M.J. $887.46 each

A motion was made to Approve this file on the Consent Agenda. Indexes: Water Hydrants & Meters

BID00 -00853 Bids: Award Contract Extensions to Ziebell Water Service Products, Water Products Company and Mid-American Water for Supply of Water System Clamps & Fittings Sponsors: Public Works Summary of Item: Extension of contracts is as follows:

Extension of contract until April 30, 2003 to Ziebell Water Service Products as a cost of $28,436,08 for items 1-17 and items 90-98; Extension of contract until April 30, 2003 to Water Products Company at a cost of $23,301.45 for items 27-64 and 72-89; and Extension of contract until April 30, 2003 to Mid-American Water at a cost of $33,274.93 for items 18-26, items 65-68, items 69-71 and items 99-141.

Items refer to Bid 9905 Extension 2002-2003. A motion was made to Approve this file on the Consent Agenda. Indexes: Water Clamps & Fittings

BID00 -00854 Bid: Award $23,515 to Belle Engineering, Inc. for Bundle Replacement for Police Department Air Conditioning System Sponsors: Manager’s Office Indexes: Police Department Air Conditioning System

BID00 -00856 Bids: Award $30,650 to Reliable Wrecking Service, Inc. for demolition of structures; $2,800 to Bergquist Tree Experts, Inc. for Tree Removal; and $1,650 to Zikis Underground, Inc. for Disconnection of Water and Sewer Utilities for Properties located at 5212 & 5214 Washington and 1201 Gilbert for a total of $35,400.00. Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Demolition of Properties Passed The Consent Agenda

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

7. Active Agenda

RES00 -00855 Resolution: 2002 Motor Fuel Tax Sponsors: Public Works Summary of Item: This will authorize the acceptance from the Illinois Department of Transportation of $1,471,000.00 in Motor Fuel Tax funds for use in maintaining the roadways in Downers Grove.

RESOLUTION FOR MAINTNENACE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE

RESOLUTION 2002 -27 A motion was made by Commissioner Sisul, seconded by Commissioner Zabloudil, 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 Indexes: Motor Fuel Tax

RES00 -00857 Resolution: Approve Lot Split with a Flag Lot at 4013 Highland Avenue Sponsors: Planning Services Summary of Item: At their meeting of January 8, 2002, the Plan Commission unanimously recommended that a lot split with a flag lot be granted for 4013 Highland Avenue. This is subject to the condition that the existing garage structure located at 4013 Highland Avenue be razed or relocated to a conforming location and that no building permit will be issued for any new structure for either lot created by this lot split until this condition is met.

A RESOLUTION APPROVING LOT SPLIT WITH A FLAG LOT FOR THE PROPERTY AT 4013 HIGHLAND AVENUE

RESOLUTION 2002 -28 Commissioner Zabloudil commented that the Council will also consider a motion to place a moratorium on flag lots as a result of a meeting held in February. This petition had already been in process. He said that he looks at flag lots as something to accommodate any natural man-made barriers so a property owner may access their property. He does not feel, in the subject case, that the flag lot fits into the character of the neighborhood; however, there have been no objections from the neighbors. He does not believe, however, that flag lot configurations fit in neighborhoods. He said you also have to ask whether they fit in with the characteristics of a town, as well as safety issues. In regard to the subject property, he will not support this flag lot.

Commissioner Tully said he understood the need of the petitioner to use their property; however, he has struggled with these petitions. He has reviewed the criteria for flag lots under the present Ordinance. Flag lots are an exception to the Subdivision Control Ordinance under Section 20-602©. He has a problem with that part because it is an exception which has to meet special criteria. There are two criteria he has difficulty with: Item #2—whether the exception is consistent with the development in the area. He is convinced that this is 100% discretionary and very subjective, and in his view a flag lot can never be consistent with the trend of development in an area because there will never be a trend of development in any area towards flag lots. Secondly Item #5 pertains to whether the flag lot will alter or be consistent with the essential character of the locality. He said that a flag lot will always be an exception to the character of a locality because it will always alter the character. Commissioner Tully said the Village has to ask whether flag lots are something they want to allow in the Village. He is concerned about the trend. He said his second major concern is the potential impact on the lot to the immediate north of the property on Highland Avenue. There are three vacant lots which appear to be one large wooded lot. He said that two of those three lots would qualify for flag use treatment under the existing Ordinance. He is concerned that those lots may be used as flag lots in the future. Therefore he cannot support this particular petition.

Commissioner Schnell said she agrees with the idea of setting a moratorium on flag lots. She said that this is the kind of lot that can be set up for a flag lot. It is very deep and cannot be divided any other way. In this particular case she said that the house will look like it belongs in the area, and therefore is a different situation than other potential flag lots. Regarding public safety, it was discussed with Fire Department participation, and it was felt that the 20’ wide pole of the lot was not a safety problem. She does not feel they can deny this petition because of the ambiguities, and she does feel it fits the Ordinance. She will vote in favor of it for the reason that she feels it does fit the Ordinance.

Commissioner Sisul said that the issues raised are good questions. He said they need to look at improving the future development of the community. There are few lots to which a flag lot could be applied, however, the Council needs to review the issue. Older communities have neighborhoods that have houses behind houses. He said the question has to be raised as to whether they are rationally addressing the best use of the land for the property owner and the community at large. In fairness to the present petitioner, they need to examine this petition under the existing rules, and for that reason he will support this petition.

Commissioner McConnell said they have heard different ideas concerning flag lots over time. This is a very large lot and she believes this is the best way to handle this lot. She will vote in favor of it. She said the moratorium will allow further discussion. She said she hasn’t heard anything so far to completely eliminate the process.

Commissioner Tully said there are 64 lots that could qualify as flag lots, which he thinks is a significant number. Three of the potential lots are in the immediate area of the subject and he is concerned about creating four flag lots. He appreciates the difference between a flag lot or having a very long divided lot 50’ wide. He is not in favor of carving up the open lots in the Village for the purpose of putting another house on it to contribute to the tax base. This is a land-locked community, which is why there is a pressure for this type of lot to occur.

The Mayor said the Council will be discussing the moratorium. He does not like flag lots; however, much of the language is very subjective. There have been 13 such lots done in the last 13 years. He can’t distinguish this one from others which were done. The Mayor said he will vote for this particular petition, even though he does not like flag lots. He said he could see a vote to eventually eliminate flag lots altogether. A motion was made by Commissioner Schnell to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Schnell and Mayor Krajewski Nay: Commissioner Tully and Commissioner Zabloudil Indexes: Lot Split

MOT00 -00858 Motion: Approve Change Order #1 for $85,079.00 for Phase III Construction Engineering Services to Civiltech Engineering, Inc. Sponsors: Public Works Summary of Item: This will authorize Change Order #1 with Civiltech Engineering, Inc. in the amount of $85,079.00 for the Fairview Avenue Signal Interconnect Project #12-00 for Phase III construction-engineering services. A motion was made, seconded by Commissioner Tully, to Approve 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 Indexes: Fairview Signals

RES00 -00859 Resolution: Authorize Agreement with DuPage County re: Arbor Park Resource Center Sponsors: Finance and Social and Health Services Summary of Item: This will authorize an agreement for grant funding in the amount of $16,599.00 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 2002 -29 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 Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: DuPage County Community Development Block Grant

RES00 -00860 Resolution: Authorize Agreement with DuPage County re: Autumn Grove Resource Center Sponsors: Finance and Social and Health Services Summary of Item: This will authorize an agreement for grant funding in the amount of $17,164.00 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 2002 -30 Mayor Krajewski thanked the staff for their work on these resource center projects. He noted that the amount of money they’ve received has increased this year. A motion was made by Commissioner Sisul, seconded by Commissioner Zabloudil, 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 Indexes: DuPage County Community Development Block Grant

ORD00 -00861 Ordinance: Amend the Hotel Tax Rate Sponsors: Finance Summary of Item: This will increase the tax issued for hotel rentals from 3.5% to 4.5%.

AN ORDINANCE AMENDING THE HOTEL TAX RATE

ORDINANCE NO . 4392 Commissioner Zabloudil said that the dialogue with some of the hoteliers gave a good indication as to when they can implement the tax. It is a minimal amount of money with respect to the overall rates.

Commissioner Schnell said she is against this increase. She appreciates the staff’s attempt to compromise. Commissioner Schnell noted that there are only two other communities which will have higher rates than the Village, and she believes this will put the Village at a disadvantage. She said she will vote against this increase.

Commissioner Tully said he thought the survey was helpful and confirmed that the Village will be basically in the middle of most other communities. He said as a frequent business traveler, he could not tell what the hotel tax rate is in the cities he has been in. He said he would like to have this monitored. Commissioner Tully stated he was glad to see this and will support the increase as the funds will be used to make Downers Grove a greater destination for visitors.

The Mayor said they need to work with Tourism and Events Commission, and the EDC to use some of the funds toward economic development. The big hotel chains have their own advertising budgets. He said that according to Mr. Randall the Village’s contributions to tourism projects is a duplication of services. He said that hotels have benefited from the establishment of office parks.

Commissioner Schnell commented that perhaps before deciding to pull out of the DuPage Visitors Bureau, it might be advantageous to have them make a presentation to the Council, which might be beneficial to the newer Council members.

Commissioner Sisul said this was a small increase and he doesn’t perceive it as being a potential disadvantage to the Village. 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 Sisul, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Nay: Commissioner Schnell Indexes: Hotel Tax

ORD00 -00862 Ordinance: Amend the Telecommunication Tax Rate Sponsors: Finance Summary of Item: This will increase the tax issued for telecommunication services from 3.5% to 4.5%.

AN ORDINANCE AMENDING THE TELECOMMUNICATION TAX RATE

ORDINANCE NO . 4393 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 Indexes: Telecommunications Tax, Infrastructure Maintenance Fee, Utility Tax

RES00 -00863 Resoution: Authorize Tiered Approach to Corrective Action Objective Agreement with R.T.G. Land Development Corporation 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 R.T.G. Land Development Corporation in relation to the contamination of soil and groundwater at the Station Crossing property.

A RESOLUTION AUTHORIZING EXECUTION OF A TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND R .T.G. LAND DEVELOPMENT CORPORATION

RESOLUTION 2002 -31 A motion was made 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 Indexes: Block 117, Station Crossing, Corrective Action

RES00 -00864 Resolution: Authorize Collection of External Charge for Public, Educational and Governmental Access Capital by Media One of Northern Illinois Acquisitions, Inc. Summary of Item: This will authorize the activation of an external charge to cable subscribers for the purpose of raising capital for the Village owned and operated Public, Educational and Governmental (PEG) Access Television Facilities.

A RESOLUTION AUTHORIZING THE COLLECTION OF AN EXTERNAL CHARGE FOR PUBLIC , EDUCATIONAL AND GOVERNMENTAL ACCESS CAPITAL BY MEDIA ONE OF NORTHERN ILLINOIS ACQUISITIONS , INC.

RESOLUTION 2002 -32 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 Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Cable TV

ORD00 -00842 Ordinance: Establish a Moratorium Re: Flag Lots Under Chapter 20 of the Downers Grove Municipal Code Sponsors: Village Attorney Summary of Item: This will authorize a moratorium on the acceptance, consideration or approval of any request for the creation of a Flag Lot for a period of 180 days.

AN ORDINANCE ESTABLISHING A MORATORIUM REGARDING FLAG LOTS UNDER CHAPTER 20 OF THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4394 Commissioner Tully said the length of the moratorium is 180 days, or six months.

The Mayoe said there is one more petition in the process at this time. 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 Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Flag Lots

8. Mayor’s Report

Materials to be Received – Minutes

Human Service Commission – March 6, 2002 Liquor Commission – March 7, 2002 Zoning Board of Appeals – February 27, 2002 Zoning Commission – February 21, 2002 A motion was made by Commissioner Sisul, seconded by Commissioner Zabloudil, to Note Receipt Of 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 New Business

Proclamation: The Mayor congratulated District 58 on its 100 year anniversary. He said they would be having a celebration breakfast on April 19.

The Mayor then proclaimed April 14-20 as Telecommunicators Week.

Mayor Krajewski congratulated Andrew Schnell, son of Commissioner Schnell, who competed in the NCAA swimming finals and was part of the 2000 free relay which broke the American NCAA record and set the US Open records. Andrew also finished second place in one of the events, and is a 5-time All American this year. He was a 2-time All American in his freshman year.

The Mayor said he received an e-mail objecting to a re-election poster on the Village’s home page. He forwarded it to the Village Manager and other Commissioners, but no one could find it. Then he said that the staff put pictures of the Council members on the web page as well as the Village clock, and that is what was apparently seen as a re-election poster. Commissioner Tully added that there are also other rotating pictures that come up periodically on the website.

The Mayor said that next week there would be a short agenda for the Workshop. The majority of the Council members will be going to Springfield with the DuPage Mayors and Managers to meet with various legislators, including local State Senators and Representatives. This is sponsored by the DuPage Mayors and Managers Conference.

9. Manager’s Report

Manager Ginex announced that a Certificate of Achievement for Excellence in Financial Reporting from GFOA was awarded to the Village. He congratulated Mr. Marty Lyons and his staff.

The Manager said the Village will be joining six agencies in Greenfleet, which is a clean alternative fuel program in the State. There will be an awards program on April 29 in recognition of the Villages who have taken part in the alternative fuel program. He thanked Stan Balicki for his efforts to get this program up and running in the Village. Manager Ginex introduced a resolution in support of the DuPage Water Commission’s Approval of a FY 2002 -03 Budget and Five-Year Plan. He asked the Council to waive the traditional one-week waiting period to consider this resolution.

Commissioner Sisul moved to waive the one-week waiting period to consider new business. Commissioner Zabloudil seconded the Motion.

VOTES : Yea: Commissioners Sisul, Zabloudil, Tully, McConnell, Schnell and Mayor Krajewski

Mayor Krajewski declared the motion carrried.

RES00 -00866 Resolution: Support of the DuPage Water Commission FY 2002 -03 Budget Sponsors: Manager’s Office Summary of Item: This is in support of the DuPage Water Commission’s FY 2002 -03 Budget.

A RESOLUTION IN SUPPORT OF THE DUPAGE WATER COMMISSION ’S APPROVAL OF A FY 2002 -03 BUDGET AND FIVE -YEAR CAPITAL PLAN THAT CONTAINS A COMBINED CHARTER CUSTOMER O&M AND FIXED COST RATE OF $1.65 PER 1 ,000 GALLONS

RESOLUTION 2002 -33 The Mayor said there will be a meeting tomorrow night to discuss issues regarding the Water Commission. A number of communities are passing similar resolutions. The budget will be considered at the Water Commission’s April 11 meeting. A motion was made by Commissioner Sisul, seconded by Commissioner Zabloudil, 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 Indexes: DuPage Water Commission

10. Attorney’s Report

Future Active Agenda

ORD00 -00373 Ordinance: Refund of GO Bonds Series 1996 and 2000 Sponsors: Finance Indexes: General Obligation Bond – Refund

11. Committee Standing Reports

Commissioner Sisul said they will have a public safety meeting in the near future.

Commissioner Schnell said they are continuing to discuss violations of the Stormwater Ordinance, and also the Main and Franklin study which will be presented to Parking and Traffic on April 9. She hopes to have a preliminary report within the next few weeks.

Commissioner McConnell said the Finance Committee will meet on April 16.

12. Council Member Reports and New Business

Commissioner Tully said that there is an NPDES Phase II meeting on April 10 in Springfield. He will attend that meeting with Jack Bajor.

Commissioner McConnell extended her congratulations to Andrew Schnell for his accomplishment.

Commissioner Sisul said that Commissioner Gilbert was unable to attend due to problems with his company’s computers.

Commissioner Sisul also mentioned that it is has been three years since the Council started its every-other-week format of meetings. He recommended that the public be asked about this in the next survey.

The Mayor said that he and the Village Manager met with residents on Saturday regarding the Belmont underpass. They are trying to work with METRA , and as well as working to get the intergovernmental agreements signed. He said that METRA has CMAQ money and the Village is trying to get them to move forward so the residents can make their decisions.

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 8:13 p.m