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January 16, 2001

1. Call to Order

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

Pledge of Allegiance to the Flag

Mayor Krajewski led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Michael Gilbert, Commissioner Thomas Sisul, Commissioner Marilyn Schnell and Mayor Brian Krajewski Non Voting: Village Clerk April Holden

Mayor Krajewski said he would like to remind everyone present that the Council meeting is broadcast over the local FM radio station, WDGC . In addition, a tape recording and videotape of the meeting are being made using Village owned equipment. The videotape of the meeting will be used for later rebroadcast of the Council meeting over the Village cable television Channel 6.

The Council will follow the rules of conduct for this meeting as provided in Sec. 2.5 of the Downers Grove Municipal Code. These offer the public the opportunity to comment at several points in the meeting. First, immediately following approval of the minutes of the past meetings, an opportunity will be given for public comments and questions on the active agenda items for this evening’s meeting. Following this, an opportunity is given for public comments and questions on any subject. Finally, if a public hearing is scheduled for this meeting, an opportunity is given for public comments and questions related to the subject of the hearing.

The Mayor stated that at the appropriate time the presiding officers will ask if there are any comments from the public. If anyone wishes to speak, the individual should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name and address. He stated that remarks be limited to five minutes, and asked that individuals refrain from making repetitive statements.

The Mayor said there are agendas located on either side of the Council Chambers, and he invited the audience to pick up an agenda and follow the progress of the Council meeting.

3. Minutes of Workshop and Council Meetings

Executive Session Minutes for Approval Only – December 19, 2000 Council Meeting – January 2, 2001 Workshop Meeting – January 9, 2001 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

Special Presentation – Downers Grove Junior Woman’s Holiday Decoration Recognition

Program Presentation

Lori Graham of the Downers Grove Junior Woman’s Club said the Junior Woman’s Club helped to sponsor this event. She thanked all the participants and announced the following awards:

Excellent Holiday Spirit – The Pocewicz Family Continual Christmas Spirit – Mulberry Street Special Effects – Dream Interiors Best Overall – Hobson Road Community Church Outstanding Neighborly Spirit – The Volk Family and The Lamparski Family Amazing Use of Lights – The Galik Family Most Original – The Peckhart Family Honorable Mention – The Ivik Family, The Van Hootegem Family and The Rion Goyette Family

Ms. Graham said nominations were received and the judges viewed all of the homes. She said the Downers Grove Junior Woman’s Club is looking forward to participating in this event next year.

Mayor Krajewski recognized two Boy Scouts attending the meeting in completion of their citizenship badges. He invited them to introduced themselves.

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

6. Consent Agenda

COR00 -00320 Claim Ordinance: No. 5364, Payroll, 1/12/01 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

ORD00 -00321 List of Bills Payable: 5365, January 12, 2001 Sponsors: Accounting A motion was made to Adopt this file on the Consent Agenda. Indexes: N/A

BID00 -00310 Bid: Authorize VOC Relocation to Police Department: $366,220 plus 10% contingency to R&W Clark Construction, Chicago for construction; $15,035 to United Radio, Bridgeview for radio comparators; and $9,500 Change Order to Pollock Holzrichter Nicholas, Ltd., Wheaton for design services Sponsors: Deputy Village Manager, Police Department and VOC A motion was made to Approve this file on the Consent Agenda. Indexes: VOC

BID00 -00323 Bid: $166,635 plus 5% contingency to Thorne Electric, Inc. for CBD Phase 4 Streetlight Purchase Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Central Business District-Streetlights

BID00 -00324 Bid: $45,549.00 to Swiderski Electronics for supply and installation of a Non-Linear Editing System Sponsors: Manager’s Office A motion was made to Approve this file on the Consent Agenda. Indexes: Cable TV Passed The Consent Agenda

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

7. Active Agenda

RES00 -00314 Resolution: Approve Annexation Agreements Sponsors: Planning Services Summary of Item: Mayor Krajewski said this will authorize annexation agreements for the following properties, with annexation to occur as indicated:

  • 6050 Boundard Road – January 1, 2006, or at time of request by owner, whichever occurs first.
  • 3701 Douglas Road – Once the property becomes contiguous to the Village, or at time of request by owner, whichever occurs first.
  • 2313 Maple Avenue – January 1, 2008, or at time of request by owner, whichever occurs first.
  • 2505 Maple Avenue – January 1, 2008, or at time of request by owner, whichever occurs first.
  • 1040 Palmer Street – January 1, 2001, or at time of request by owner, whichever occurs first.
  • 6200 Pershing Avenue – January 1, 2006, or at time of request by owner, whichever occurs first.
  • 1136 Saylor Street – January 1, 2001, or at time of request by owner, whichever occurs first.
  • 1039 Saylor Street – January 1, 2001, or at time of request by owner, whichever occurs first.
  • 6015 Sherman Avenue – January 1, 2006, or at time of request by owner, whichever occurs first.
  • 5905 Springside Avenue – January 1, 2006, or at time of request by owner, whichever occurs first.

A public hearing was held on these agreements on December 19, 2000. No rezoning or other land use approvals have been requested. As such, the properties will come into the Village under our R-1 zoning classification.

A RESOLUTION AUTHORIZING EXECUTION OF ANNEXATION AGREEMENTS FOR THE PROPERTIES LOCATED AT 6050 BOUNDARY ROAD , 3701 DOUGLAS ROAD , 2313 MAPLE AVENUE , 2505 MAPLE AVENUE , 1040 PALMER STREET , 6200 PERSHING AVENUE , 1136 SAYLOR STREET , 1039 SAYLOR STREET , 6015 SHERMAN AVENUE AND 5905 SPRINGSIDE AVENUE

RESOLUTION 2001 -01 A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Annexation/Water Service – 6050 Boundary, Annexation/Water Service – 3701 Douglas Road, Annexation/Water Service – 2313 Maple Avenue, Annexation/Water Service – 2505 Maple Avenue, Annexation/Water Service – 1040 Palmer Street, Annexation/Water Service – 6200 Pershing Avenue, Annexation/Water Service – 1136 Saylor Street, Annexation/Water Service – 1039 Saylor Street, Annexation/Water Service – 6015 Sherman Avenue, Annexation/Water Service - 5909 Springside Avenue

RES00 -00329 Resolution: Authorize Grant Agreement Application to the Illinois Department of Natural Resources re: Urban Forestry Disaster Recovery Plan Sponsors: Finance Summary of Item: Mayor Krajewski said this shall authorize submittal of a Grant Agreement by the Village to the Illinois Department of Natural Resources in the amount of $5,000 for the development of an Urban Forestry Disaster Recovery Plan.

A RESOLUTION AUTHORIZING SUBITTAL OF GRANT AGREEMENT APPLICATION TO THE ILLINOIS DEPARTMENT OF NAURAL RESOURCES

RESOLUTION 2001 -02 Commissioner Schnell suggested an article be placed in the Village Corner regarding this matter.

The Manager said this is to fund a disaster recovery plan. It is a funding tool for developing a plan in the event that a storm causes damage to the tree inventory.

Commissioner Sisul said this will be a useful tool as the Village has had a few occasions where storms did damage to the Village’s tree inventory. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert, Commissioner Schnell and Mayor Krajewski Indexes: Forestry Grant – Urban Forestry Disaster Recovery Plan

ORD00 -00330 Ordinance: Change the Street Name of Wisconsin Street to Wisconsin Avenue Sponsors: Public Works Summary of Item: Mayor Krajewski said this will change the road segment between Janes and Walnut from Wisconsin Street to Wisconsin Avenue.

AN ORDINANCE CHANGING THE STREET NAME OF WISCONSIN STREET TO WISCONSIN AVENUE

ORDINANCE NO . 4244 A motion was made by Commissioner Gilbert to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell and Mayor Krajewski Indexes: Wisconsin Avenue, Streets – Renaming

RES00 -00332 Resolution: Authorize Lease Amendment with the Downers Grove Sanitary District re: Woodchip Program Sponsors: Village Attorney Summary of Item: Mayor Krajewski said this shall authorize a lease amendment between the Village of Downers Grove and the Downers Grove Sanitary District for the Village’s use of a District parcel located on Curtiss Stret for a storage and staging area for woodchips processing. This amendment shall extend the term of the lease for an additional five (5) years, expiring on July 31, 2005.

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AMENDMENT AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE SANITARY DISTRICT

RESOLUTION 2001 -03 A motion was made, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Sanitary District

8. Mayor’s Report

1. The Mayor read a proclamation declaring January 14-20, 2001 as Martin Luther King Week.

2. The Mayor read a Resolution of Appreciation regarding the selection of Liz Chalberg as the Downers Grove Chamber of Commerce 2000 Citizen of the Year. He said the Chamber of Commerce would be honoring Ms. Chalberg at an event on Saturday night.

3. Mayor Krajewski said that on Thursday, January 4, 2001, a public hearing was held by the Liquor Commission to determine whether two liquor licenses should be revoked or suspended by reason of the alleged sale of alcoholic liquor to a person under the age of twenty-one (21) years.

The Commission recommended a suspension of not less than one (1) nor more than three (3) days for the Class “B-1” liquor license issued to Pizza Hut of America, Inc. d/b/a Pizza Hut, 1560 75th Street and a fine not to exceed $1,000.00. He said he has made his Findings and Order, and the liquor license of Pizza Hut, located at 1560 75th Street, will be suspended for one (1) day beginning at 12:01 a.m. on February 23, 2001 until 11:59 p.m. on February 23, 2001 and Pizza Hut shall be fined $525.00. The Mayor said prior to this violation, Pizza Hut had a nine-year history of passing control buys.

The Commission recommended a suspension of not less than two (2) nor more than four (4) days for the Class “R-1” liquor license issued to Cebu, Inc. d/b/a Cebu Restaurant, 7329 Lemont Road and a fine not to exceed $1,000.00. He said he has made his Findings and Order, and the liquor license of Cebu Restaurant, located at 7329 Lemont Road, will be suspended for two (2) days beginning at 12:01 a.m. on February 22, 2001 until 11:59 p.m. on February 23, 2001 and Cebu Restaurant shall be fined $525.00. The Mayor said this establishment opened just recently and the liquor manager was the one that served the liquor.

During these dates of suspension, no liquor may be sold from the premises.

4. The Mayor read a statement from a study issued by the Harvard School of Public Health regarding Illinois coal-fired power plants. He cited information from the study regarding health effects of air pollution stating that it is estimated that current emissions contribute at an annual extra risk of 300 deaths, 14,000 asthma attacks and over 400,000 daily incidents of upper respiratory symptoms among the 33 million people living within 250 miles of the geographic center of the plants. Applying existing emission control technology to the older plants could reduce the annual mortality risk by approximately 200 premature deaths per year along with 2,000 fewer emergency room visits, 10,000 fewer asthma attacks and 300,000 fewer daily incidents of upper respiratory problems. The also determined the recent fuel switching in emissions control adopted by a subset of power plants reduced the mortality risk between 1998 and 2000 by 80 premature deaths per year. The study reports that exposures from the nine plants are greatest near Chicago. One of the plants studied is in Joliet and another is in Romeoville. Their operations have been grandfathered in and exempts them from the strict emissions control of the newer plants. Per capita health risks were greater close to the power plants and decreased with the distance. The distance at which the greatest per capita health risk varied depending on the plant and ranged from less than one mile at the Crawford facility to 25 miles from Joliet. He said Downers Grove lies within 25 miles of the Joliet plant. The Mayor said he would forward copies of the study to the Council. He said he hoped the state legislature would take up this issue. The Mayor said Texas and Connecticut have already initiated measures to end the exemptions. Virginia and Ohio have had court cases brought that were settled with agreements from the plant owners to meet the required emissions limits.

Commissioner Gilbert said there have been four major studies on this issue. Each one shows the problem to be worse than the last study. He said of the 300 premature deaths, 200 could be avoided by cleaning up the plants to the current standards. He encouraged citizens to write their congressional representatives to pass legislation to clean up these plants. He said the Illinois Public Interest Research Group has a web site with information about this issue. He said Village staff has information about the web site. The Mayor asked the Clerk to read a resolution regarding an appointment to the Community Events Commission.

The Clerk read the resolution.

RES00 -00322 Resolution: Appoint Paul Bleuher to the Community Events Commission Sponsors: Mayor Summary of Item: RESOLUTION APPOINTING PAUL BLEUHER TO THE COMMUNITY EVENTS COMMISSION

RESOLUTION NO . 2001-04 Commissioner Sisul said the Community Events Commission is going to be served by a person who has a great deal of energy. He said he is looking forward to Mr. Bleuher’s participation. A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Community Events Commission – Appointments Materials to be Received – Minutes

Community Events Commission – 12/18/00 Library Board – 12/13/00 Parking & Traffic Commission – 11/21/00 Zoning Board of Appeals – 12/6/00 A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

The Manager said the Village received approval today from DuPage County Department of Environmental Concerns to proceed with the Lacey Creek Project. This project is to provide restoration and rehabilitation of Lacey Creek as it goes through Innisbrook and Orchard Brook subdivisions. He said this is an important environmental project for the Village. He said the Village is moving ahead with this important project and is also talking to the County Stormwater Department regarding funding issues.

10. Attorney’s Report

Future Active Agenda

ORD00 -00327 Ordinance: Amend Municipal Code re: Oversized Vehicle Restrictions Sponsors: Police Department Summary of Item: Mayor Krajewski said this will restrict access of heavy vehicles on certain Village streets and create a permitting system to regulate heavy vehicle routes.

AN ORDINANCE AMENDING OVERSIZED VEHICLE RESTRICTIONS

ORDINANCE NO . 4245 The Mayor asked if this ordinance had been revised. The Attorney said there was a question raised last week regarding potential impact related to Pepperidge Farm deliveries. He said staff has prepared a memo indicating that this will not have any impact. This ordinance deals with overweight vehicles. The Pepperidge Farm vehicles will fit within the size limitations set forth in the ordinance. Indexes: Oversize/Overweight Vehicles

ORD00 -00328 Ordinance: Amend Various Motor Vehicle and Traffic Provisions of the Downers Grove Municipal Code Sponsors: Police Department Summary of Item: Mayor Krajewski said this shall correct a number of inconsistent parking regulations throughout the Village, and increase parking fines and establish a SuperTicket for parking violations in the CBD area.

AN ORDINANCE AMENDING VARIOUS MOTOR VEHICLE AND TRAFFIC PROVISIONS OF THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4246 The Attorney said this item was presented last week. However, there has been an editorial change to correct an inconsistency in another provision of Chapter 14 which has been included in the ordinance. Indexes: Parking Regulations

RES00 -00333 Resolution: Authorize Grant Application to the Illinois Department of Natural Resources Administered by the Conservation Foundation re: Linden Heights Sponsors: Finance Summary of Item: Mayor Krajewski said this shall authorize submittal of Grant Agreement by the Village to the Illinois Department of Natural Resources in the amount of $125,000 for streambank improvement of a branch of the St. Joseph Creek located in the Linden Heights subdivision.

A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES ADMINISTERED BY THE CONSERVATION FOUNDATION

RESOLUTION 2001 -05 Indexes: Conservation Foundation, St. Joseph Creek, Linden Heights

RES00 -00331 Resolution: Accept Public Improvements – SNS Subdivision Sponsors: Public Works Summary of Item: Mayor Krajewski said this will authorize acceptance of the public improvements in relation to the SNS Subdivision. This will also release the existing letter of credit in the amount of $25,776.30 upon receipt of a guarantee security in the amount of $3,675.00. In addition, it should be noted, that in lieu of sidewalk construction adjacent to the three homes, the developer has provided $4,536.00 for 337 feet of frontage along Lee Avenue.

A RESOLUTION AUTHORIZING ACCEPTANCE OF PUBLIC IMPROVEMENTS – SNS SUBDIVISION

RESOLUTION 2001 -06 Indexes: Subdivision – SNS

RES00 -00326 Resolution: First Amendment to Professional Services Agreement/CBD Parking Sponsors: Village Attorney Summary of Item: Adoption of this resolution will authorize execution of a First Amendment to the Professional Services Agreement, dated February 3, 1999, between the Village and Desman Associates related to the design and engineering of a parking facility in the CBD .

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT /CBD PARKING

RESOLUTION 2001 -17 Indexes: Parking Deck – CBD , Central Business District – Parking Deck

11. Council Member Reports and New Business

1. Commissioner McConnell reported on the Partnership for Healtier Communities meeting of last week. The Injury Prevention group is involved in child car seat checks and gives car seats to families that would otherwise not have them. At total of 440 car seat checks were done last year and the group assisted 15 other neighboring communities. A grant in excess of $25,000 was received for 2001 to buy car seats and to do additional training. A condition of the grant is to find five other funders for next year in order to receive the money. She credited the efforts of the Police and Fire Departments.

The Mayor said last year it was reported that approximately 80% of the car seats were installed incorrectly. In response to the Mayor, Commissioner McConnell said that although she did not know the number installed incorrectly, she did not think it was going down.

Commissioner McConnell said the Police Department will be doing a special Valentine promotion the week of Valentine’s Day for child car seats and seat belts called “Buckle Up Your Valentine.” The purpose is to award people for using their seat belts.

The Character Counts Coalition meeting is Wednesday, January 17 at 7:00 p.m. at the Public Works Facility.

Regarding the adolescent tobacco prevention program, the County reported that 300 students in the Downers Grove area have been educated. The first teen cessation program had capacity participation. They have also offered 30 programs to Downers Grove businesses and 29 restaurants have converted to be smoke-free facilities.

The Mayor said DuPage County received a $700,000 grant. The Village has received a portion of it for this program.

2. Commissioner Gilbert said there are five months until Heritage Festival. The big concert is the Ides of March. He referred to the “rain room” on Warren Avenue which put out a mist. This was very popular and the Community Events Commission has purchased two for the future.

Commissioner Gilbert acknowledged the death of former Mayor Jon Council. He said Mayor Council was tireless with his time and effort on behalf of the Village. He said he was a leader in the management by objectives philosophy.

3. Commissioner Sisul said he and the Mayor along with the Manager attended an economic forecast meeting sponsored by the Downers Grove Chamber of Commerce. At the meeting were 52 students from North and South High Schools invited as guests. Brian Wesbury, an economist, spoke. He said the students were there as part of a program initiated as a partnership between the Downers Grove Chamber of Commerce and District 99. It is a program whereby a group of students are selected through a screening process to participate in a Leadership Academy. They are introduced to community leaders, business people and representatives. The Chairman, Tom Julian, and Executive Director of the Chamber of Commerce, Barb Wysocki, worked very hard to put this program together. He said he and the Mayor and Manager are part of a mentoring program of 22 mentors for the students. The students are very accomplished. The next step is to have the students shadow the mentors for a day.

4. Commissioner Schnell said the increase in the price of natural gas has resulted in an increase in the utility tax the Village receives. According to staff, the increase will be approximately an additional $150,000 and has not been budgeted. The increase is due to the increased cost of natural gas. She has asked the staff for a report as to how that increase could be rebated back to the residents of Downers Grove. She said the increase in natural gas prices is particularly burdensome on those people on fixed incomes. This would go a long way in helping them. She asked the Council to consider this matter.

Mayor Krajewski said he would like to see the staff report. He said the amount seems very high.

Commissioner Schnell said staff reported that the increase in the tax alone would be between $150,000 and $200,000.

The Mayor thanked the staff and Village Manager for their participation in today’s Chamber of Commerce program. In addition to Council participation, the Police and Fire Chiefs and Director of Economic Development attended the meeting. He said Mr. Wesbury did a very good job. He suggested that the students attend a workshop meeting as a part of their job shadowing. He said business people could volunteer to participate in the program and the Village could help advertise it.

12. Adjournment

Commissioner Schnell moved to adjourn to Executive Session pursuant to Section 2©(1) of the Open Meetings Act to consider an appointment and pursuant to Section 2©(5) to consider property acquisiton. Commissioner Sisul seconded.

VOTE : YEA – Commissioners Schnell, Sisul, McConnell, Gilbert, Mayor Krajewski

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:10 p.m