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April 17, 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 Absent: Village Clerk April Holden Non Voting: Deputy Village Clerk Linda Brown

3. Minutes of Workshop and Council Meetings

Council Minutes – April 3, 2001 Workshop Minutes – April 10, 2001 Special Council Meeting – April 10, 2001 Commissioner McConnell said she gave corrections to the Village Manager earlier in the day. There being no further additions or corrections to the minutes, Mayor Krajewski said they would be filed as corrected.

PROCLAMATION

Mayor Krajewski proclaimed the week of April 15, 2001 as Downers Grove South Speech Team Week in the Village of Downers Grove. He introduced the coaches and members of the award-winning speech team, and congratulated them on their accomplishments. He then presented them with Village pins.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Village Attorney Blondin said a question was raised concerning Council rules. The issue presented relates to the number of votes required to adopt an item. The proposal was with seven Council members that there would be four votes required out of seven, unless there is not a full Council present. One of the Commissioner elects as well as Commissioner McConnell asked if the Council should reconsider whether an absolute majority is necessary to adopt any item. If they wish to keep it an absolute majority they would have to amend Rule 32 of the Ordinance and he would provide the text change.

Commissioner McConnell said that Commissioner-elect Tully brought up the issue to her and she agrees that always needing a majority of four would be favorable, if the rest of the Council agrees.

Commissioner Sisul asked as a point of order whether the amendment would come first. Attorney Blondin said the Ordinance would be adopted first, and then an amendment made.

B. Comments and Questions on General Matters

1. Michael Kubes, 5538 Lyman, spoke on behalf of the Downers Grove Jaycees with regard to the Adopt-a-Highway program. He said that there are 34 sites that need to be adopted, and presently only 16 have been adopted. The other sites are cleaned up at the residents’ expense by Village employees. Of the 34 municipalities in DuPage County, 19 participate in this program. He said that the Jaycees adopted a site on Old Main Street and Claremont Road, across from National Tire and Battery. Their group has cleaned the site 5 or 6 times during the year. They intend to have their first official clean up this Sunday at 11:00 AM, and invited everyone to participate in the program. He encouraged adopting sites in the community for cleanup. He also said people could contact Jenny Acarias at the Public Works facility. He also noted there are 65 days left until the next Heritage Festival.

The Mayor added that on Saturday at 9:00 a.m., the Pierce Downers Heritage Alliance will be doing cleanup at 31st and Highland and the Lyman Woods site. Everyone is invited to assist in that clean up as well.

5. Public Hearings

6. Consent Agenda

COR00 -00441 Claim Ordinance: No. 5376, Payroll, April 6, 2001 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -00442 List of Bills Payable: No. 5377, April 17, 2001 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -00444 Bid: $16,680 for Extension of Cleaning and Custodial Services Contract to Crystal Maintenance Services Corporation to April 30, 2002 Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works Facility Cleaning & Custodial Services

BID00 -00445 Bid: Risk Management and Health Insurance Contract Renewals for FY 01 /02 Sponsors: Human Resources Summary of Item:

  1. Kemper Insurance Company – $87,400 for excess GL/AL
  2. St. Paul & Marine Insurance Company – $28,500 for additional excess GL/AL
  3. Travelers – $20,296 for property coverage
  4. Safety National Casualty Corporation – $41,280 for excess Workers Compensation coverage
  5. Broker’s fee for March USA Inc. – $15,000
  6. Humana/Employers Health – estimated $135,792 for the administration of the medical, vision and traditional dental programs
  7. Humana, Inc. – estimated $171,300 for specific stop loss insurance
  8. Kraemer Loney, Inc. – $26,741 for benefits consultant
  9. AIG Life Insurance – estimated $43,389 for Life/Accidental Death & Dismemberment insurance
  10. Fortis, Inc. – estimated $40,822 for long term disability insurance
  11. Health Plan Management – estimated $13,930 for flexible benefits program
  12. Creative Care Management – estimated $16,374 for employee assistance program

A motion was made to Approve this file on the Consent Agenda. Indexes: Insurance – Health, Employee

BID00 -00455 Bid: $161,580.00 plus 5% Contingency to WAS Concrete for 2001 Sidewalk Replacement Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Sidewalk Replacement 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

ORD00 -00421 Ordinance: Authorize Disconnect of Southeast Corner of 60th Street and Fairview Avenue from the Village of Downers Grove Sponsors: Planning Services Summary of Item: This will authorize disconnection of the property located at the southeast corner of 60th Street and Fairveiw Avenue from the Village of Downers Grove.

AN ORDINANCE DISCONNECTING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 60TH STREET AND FAIRVIEW AVENUE FROM THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4284 Village Attorney Blondin said the boundary agreement has been drafted and forwarded to Westmont. 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: Disconnection

RES00 -00415 Resolution: Amend Employee Administrative Rules and Regulations Sponsors: Human Resources Summary of Item: This will authorize adoption of the Village of Downers Grove Employee Administrative Rules and Regulations dated April 17, 2001.

A RESOLUTION AMENDING THE EMPLOYEE ADMINISTRATIVE RULES AND REGULATIONS OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS

RESOLUTION 2001 -32 Commissioner Gilbert thanked the Manager for the significant changes in the wording that were made. He noted Section 210 and the wording concerning communication between Council and employees. 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: Employee Manual

RES00 -00440 Resolution: Amend Employment Classification Plan Sponsors: Human Resources Summary of Item: This will authorize adoption of the Village of Downers Grove Employment Classification Plan dated April 17, 2001.

A RESOLUTION AMENDING THE VILLAGE OF DOWNERS GROVE EMPLOYMENT CLASSIFICATION PLAN

RESOLUTION NO . 2001-33 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: Classification Plan

RES00 -00434 Resolution: Authorize Agreement with Gas Technology Institute and City of Chicago for Construction of Compressed Natural Gas Fueling Facility Sponsors: Deputy Village Manager Summary of Item: This shall authorize an agreement between the Institute of Gas Technology, the City of Chicago and the Village of Downers Grove for receipt of CMAQ funding for funds for the installation of a CNG fueling station at the Villager’s Public Works Facility. Note, the Village must also contribute funding in the amount of $56,250.00 as a condition of receiving the grant.

A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE INSTITUTE OF GAS TECHNOLOGY , THE CITY OF CHICAGO AND THE VILLAGE OF DOWNERS GROVE (CNG Fueling Facility)

RESOLUTION 2001 -34 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 Gilbert, Commissioner Sisul and Mayor Krajewski Indexes: CNG Fueling Facility

RES00 -00435 Resolution: Authorize Agreement with City of Chicago for CMAQ Grant Funds re: CNG Fueling Facility Sponsors: Deputy Village Manager Summary of Item: This shall authorize an agreement between the City of Chicago and the Village of Downers Grove for receipt of CMAQ funding in relation to the CNG fueling station.

RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CHICAGO AND THE VILLAGE OF DOWNERS GROVE

RESOLUTION NO . 2001-35 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: CNG Fueling Facility

ORD00 -00437 Ordinance: Amend the Provisions of the Village Council Rules Sponsors: Manager’s Office Summary of Item: This will amend certain Council rules.

AN ORDINANCE AMENDING THE PROVISIONS OF THE VILLAGE COUNCIL RULES

ORDINANCE NO . 4285 Commissioner Sisul moved to amend the Ordinance to provide under Rule 32 that a permanent vote of four members will be required to adopt any item. Commissioner Gilbert seconded the Motion. 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: Village Council

RES00 -00447 Resolution: Authorize Submittal of Grant Application to the Illinois Arts Council for Special Assistance Grant Sponsors: Finance Summary of Item: This shall authorize submittal of a grant application to the Illinois Arts Council for funds to support performances of the Midwest Ballet Theater in connection with the Downers Grove Heritage Festival. Note, the Village must also contribute funding in the amount of $700.00 as a condition of receiving the grant.

A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE ILLINOIS ARTS COUNCIL FOR SPECIAL ASSISTANCE GRANT

RESOLUTION NO . 2001-36 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: Illinois Arts Council

RES00 -00453 Resolution: Authorize License Agreement for the Founders Hill Spring Brewers Festival 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 Gilbert, Commissioner Sisul and Mayor Krajewski Indexes: Founders Hill Festival

RES00 -00454 Resolution: Authorize Execution of an Intergovernmental Agreement with the Downers Grove Sanitary District to Provide for the Construction of the Central Business District Redevelopment, Phase 4 Sponsors: Public Works Summary of Item: This shall authorize execution of an intergovernmental agreement between the Village of Downers Grove and the Downers Grove Sanitary District for the construction of certain public improvements within the CBD .

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE SANITARY DISTRICT TO PROVIDE FOR THE CONSTRUCTION OF THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT , PHASE 4

RESOLUTION NO . 2001-38 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: Sanitary District, Central Business District – Phase IV

ORD00 -00439 Adopt Fiscal Year 2001/02 Budget Sponsors: Finance Summary of Item: This adopts the fiscal year 2001/02 Budget in lieu of an appropriation ordinance. As provided by law, proper notice has been given, the budget has been available for inspection for at least ten days, and a public hearing was held on April 10, 2001.

AN ORDINANCE ADOPTING THE FISCAL YEAR 2001 /02 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE .

ORDINANCE NO . 4286 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: Budget 2001/02

APP00 -00461 Resolution: Appoint Members to the Human Service Commission Sponsors: Mayor Summary of Item: RESOLUTION APPOINTING MEMBERS TO THE HUMAN SERVICE COMMISSION

RESOLUTION 2001 -39 The Mayor asked the Clerk to read the Resolution appointing Patricia Mochel and Lawrence O’Donnell to the Human Services Commission.

Commissioner McConnell said she interviewed both appointees for the Commission and is pleased that both were able to serve on this Commission. 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: Human Service Commission-Appoint Mochel & O’Donnell

8. Mayor’s Report

Materials to be Received – Minutes

Canvassing Board – 4/10/01 Community Events Commission – 3/12/01 Liquor Commission – 3/15/01 Plan Commission – 3/6/01 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

New Business

Proclamations:

Mayor Krajewski proclaimed Friday, April 27, 2001 as Arbor Day in the Village of Downers Grove.

Mayor Krajewski proclaimed the week of April 22-28, 2001 as Volunteer Week in the Village of Downers Grove. He said the Village is fortunate to have as many volunteers as it does working on various Boards and Commissions and volunteering in other projects in the community.

9. Manager’s Report

1. Accreditation for Fire Department. The Manager asked Chief Russell to make a presentation regarding the accreditation.

Fire Chief Lanny Russell said that two years ago the Fire Department began working toward accreditation. He described the process the Department went through to achieve its goal, by means of developing a self-assessment process. The Department underwent the intensive scrutiny of three Chief Officers in December and received a favorable report. Downers Grove is one of only 44 agencies worldwide to achieve the accreditation distinction. He said the process has been good for the Department, and described the plan the Department has to provide service to the community. He presented the Mayor with a plaque designating the Fire Department as an accredited agency. He asked Deputy Chief Dave Burns and Deputy Chief Paul Segala to make the presentation as they contributed greatly toward this achievement. He thanked the Council for their support and presented each Council member with a pin in honor of the accreditation.

2. Manager McCurdy announced that the Village is the recipient of an award from the Chicago Chapter of the American Public Works Association for the Central Business District project. In addition, the Village won the national award for the CBD project as well.

The Mayor congratulated the Manager and the staff for both the accreditation and the Public Works awards.

10. Attorney’s Report

Village Attorney Blondin said he was presenting no items this evening; however, on the next agenda there will be four items presented at that meeting. There are three items on the Future agenda, without date.

Future Active Agenda

RES00 -00449 Resolution: Lot Split – 4346 Cumnor Road Sponsors: Plan Commission Summary of Item: At their meeting of March 6, 2001, the Plan Commission unanimously recommended that a lot split with a flag lot be granted for 4346 Cumnor Road. This is subject to the condition that the existing garage structures located at 4346 Cumnor Road be razed 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 SPLITS WITH A FLAG LOT FOR THE PROPERTY AT 4346 CUMNOR ROAD

RESOLUTION 2001 -41 Indexes: Lot Split

ORD00 -00450 Ordinance: Rezone 6859 Dunham from R-1 to R-3 Sponsors: Zoning Board of Appeals Summary of Item: At their meeting of February 28, 2001, the Zoning Board of Appeals unanimously recommended that the property commonly known as 6859 Dunham Road be rezoned from R-1 Single Family Residential to R-3 Single Family Residential.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS TO REZONE 6859 DUNHAM ROAD

ORDINANCE NO . 4287 Indexes: Rezone 6859 Dunham – R-1 to R-3

ORD00 -00451 Ordinance: Rezone 702 39th Street from County R-4 to Village R-2 Sponsors: Zoning Board of Appeals Summary of Item: At their meeting of February 28, 2001, the Zoning Board of Appeals unanimously recommended that the property commonly known as 702 39th Street be rezoned from R-1 Single Family Residence District to R-2 Single Family Residence District.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS TO REZONE 702 39TH STREET

ORDINANCE NO . 4289 Indexes: Rezone 702 39th Street – County R-4 to Village R-2

ORD00 -00452 Ordinance: Rezone 404 39th Street from County R-4 to Village R-2 Sponsors: Zoning Board of Appeals Summary of Item: At their meeting of February 28, 2001, the Zoning Board of Appeals unanimously recommended that the property commonly known as 404 39th Street be rezoned from R-1 Single Family Residence District to R-2 Single Family Residence District.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS TO REZONE 404 39TH STREET

ORDINANCE NO . 4291 Indexes: Rezone 404 39th Street – County R-4 to Village R-2

ORD00 -00389 Ordinance: Amend Parking Restrictions on Brookbank Road Sponsors: Parking & Traffic Commission Summary of Item: At their meeting of April 17, 2001, the Parking & Traffic Commission unanimously recommended to amend Section 14-031.1 of the Village Code to allow parking in the marked parking stalls on the west side of Brookbank north of 63rd Street.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON BROOKBANK ROAD

ORDINANCE NO . 4305 Indexes: Parking Restrictions – Brookbank Road

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

ORD00 -00428 Ordinance: Amend Open Burning Restrictions Sponsors: Village Attorney Indexes: Open Burning

11. Council Member Reports and New Business

1. Commissioner McConnell thanked the Mayor and Council members who attended the Character Counts meeting last week. It was an excellent meeting with about 30 people in attendance.

2. Commissioner Gilbert said there are 64 days until the next Heritage Festival.

3. Commissioner Sisul complimented the Staff on receiving the two awards announced this evening.

4. Commissioner Schnell said there have been many questions and concerns regarding the burning ordinance and asked whether that would be re-workshopped to incorporate some of the public comments. She thought it should be placed on the Internet for further explanation to the public.

Manager McCurdy said that it would be a good idea as there are some misconceptions as to what the Council has done in this regard.

The Mayor agreed that it should be re-workshopped due to those misconceptions. Village is illegal. She said it seems as though much of the e-mail contains misinformation as to what is legal in the Village.

Commissioner Schnell said there has to be some way to get the message out that burning in the

12. Adjournment

Commissioner Schnell moved to adjourn to Executive Session pursuant to Sections 2©(3), 2©(5), and 2©(11) of the Open Meetings Act to consider personnel, lease and sale of real estate and litigation. Commissioner Sisul seconded.

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

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