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July 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 Michael Gilbert, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Absent: Commissioner Thomas Sisul 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 Minutes for Approval Only – June 4, 2002 Council Meeting – June 18, 2002 Workshop Meeting – June 25, 2002 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

Recognition of Board and Commission Members

Mayor Krajewski presented a plaque to Mary McNamara in recognition of her service on the Parking and Traffic Commission. He said she served on P&T since 1975.

Mayor Krajewski presented certificates to Joe Garafolo and Scott Krafthefer and thanked them for their service on the Economic Development Commission.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

James Pasquinelli, President, Regent Land Company, 7001 W. 127th Street, Palos Heights, said that he petitioned the Village for a subdivision plat on November 28, 2001. On June 1, Christopher Burke & Associates told him that no further review work would be done because funds were not forthcoming. He said the plans were delivered on June 18, after funds were released. He called C. Burke again on June 28 and was told the work has not been reviewed because funds were not released from Downers Grove. Mr. Pasquinelli said that when he initially made his petition, Bob Jungwirth was the Engineer. The property is zoned R-3 for a 4-acre piece of property. As a result, they are in a financial bind and work is prevented by this action. He said he is not there to complain about the consulting engineer, but about the fact that the work is stopped due to no funds from the Village. He understands Burke has put a stop to all work. Mr. Pasquinelli said he has not yet had a public hearing. He asked the Manager to at least allow him a public hearing, which could be subject to the approval of preliminary engineering. He said the process has been seven months long already.

The Mayor said he would ask the Village Manager to advise the Council as to the stormwater status.

Jack Bajor, Director, Public Works, said that they are trying to facilitate the project. He said that 80% of the in-house reviews are non-SMAs. Mr. Pasquinelli’s project is in an SMA area. He said that they are working through the second round of the change orders for funding approval.

The Mayor asked whether the County is adding additional restrictions. Mr. Bajor said there are some drainage concerns, and this must be addressed properly. He added that Public Works is not geared up to handle SMAs. They have to be sent to an outside consultant.

Commissioner Gilbert asked how many more situations there are like this. Mr. Bajor said there are about 15 that are SMAs and 40 that are non-SMAs. He said there has been an increase in applications as well. Commissioner Gilbert asked the cost of proceeding with this project. Mr. Bajor said they reviewed the first draft of the new contract earlier today. The estimated cost at this time is $23,000. Commissioner Gilbert asked if the $23,000 would get the contractors waiting underway. Mr. Bajor said it would get them underway with the bulk of the projects.

Commissioner Gilbert suggested that perhaps the Council could approve an emergency payment to get these projects underway. He does not want to be put in a position where developers cannot proceed because there are issues in the stormwater arena.

Commissioner Schnell asked if this was a pass-through expense and Mr. Bajor said it was. Commissioner Schnell agreed they should be able to move forward with this.

Commissioner Gilbert suggested that the Village Manager proceed with these until the ordinance comes forward.

Commissioner Tully said this is the type of expense our Ordinance has allowed as pass-through. He asked what is involved in doing the modeling required by DuPage County, particularly in the current probationary period. He suspects the work that is being done by the outside consultants has to be completed before the County allows the Village to proceed.

Mr. Bajor responded that the contract with Christopher Burke is $150,000 and the ceiling has been reached. Without an extended contract, it prohibits additional work.

Marty Lyons, Director of Finance, recommended modification of the contract. The pass-through will come to the Village as a no limit, with another contract for stormwater administrative services that would have a limit.

Commissioner Tully asked how this was handled in the past prior to probation. He asked if everyone came to the Council. Mr. Lyons said they did not, which is part of the reason they have the present problems.

Commissioner Schnell asked if it was possible to have a developer go through a hearing and get preliminary approval. It seems logical to at least get the preliminary approval, subject to the engineering approval.

Commissioner Gilbert suggested authorizing the Manager to spend up to $25,000 for emergency purposes, and asked the Attorney whether that was possible.

Attorney Enza Petrarca said that the authorization would have to be for a specific purpose and would have to be properly noticed.

Mr. Bajor cautioned the Council that stormwater was an important cog and can change the whole geometry of the project.

The Mayor asked that this item be placed on next week’s agenda for $25,000.

Andrew Clark, 1226 62nd Street, said there’s a problem in his neighborhood, Bradley’s Brookbank Subdivision, which is similar to that of Mr. Pasquinelli. The Village gave them a permit to begin construction. However, the developer was told that the permit was rescinded because it did not meet the County requirements. The Mayor said that is why the Village is on probation, because his plan does not meet the County’s requirements. He said that the Village has been trying to comply since December.

Mr. Clark said that the Village has $150,000 invested in the Christopher Burke concern and he hasn’t seen anything come from that. Commissioner Tully said that Christopher Burke has been serving as the stormwater administrator. Mr. Clark complained that the project has been on hold for five months.

The Mayor said that letters have been sent to the developer asking him to take care of the violations on the property. He said there will be a public meeting on Monday, July 8 at the Public Works offices regarding Bradley’s Subdivision.

Mr. Clark asked about the lawsuit with Bradley, and the Attorney stated that she does not know the court date at this time.

Mayor Krajewski said that he had a meeting with the Manager and County representatives, and the Village was told at that time that Bradley’s engineer was told their plans did not comply in 1999, and again in 2000 they did not comply. The County was very upset when the Village went ahead and approved the project. The Village was put on probation. He said if the County approved the stormwater, the Village will approve it to move forward.

Manager Ginex said that the corrective action to be taken by the developer includes fencing, mosquito abatement and clearing the weeds. Regarding the watermain, Manager Ginex said that the system was put in and a leak was found. It has been pressure treated and did not hold. They are waiting for the results of the chlorination to come back.

5. Public Hearings

6. Consent Agenda

COR00 -00990 Claim Ordinance: No. 3435, Payroll, June 14, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -00991 List of Bills Payable: No. 5436a, July 2, 2002 (FY 2001/02) No. 5436b, July 2, 2002 (FY 2002/03) Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -00975 Bid: Award $33,191.15 to Alternate Power, Inc. for Generator Installation at Fire Station #5 Sponsors: Manager’s Office A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Station #5

BID00 -00976 Bid: Extend Contract to Allied Tube and Conduit for FY2002 /03 for Traffic Control Sign Posts Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Traffic Signs

BID00 -00977 Bid: Extend Contract to 3M and Reflective Sheetings and Vulcan Sign for FY 2002 /03 for Traffic Sign Materials Sponsors: Public Works A motion was made to Deny this file on the Consent Agenda. Indexes: Traffic Signs Passed The Consent Agenda

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

7. Active Agenda

MOT00 -00978 Motion: Professional Services for 2002 General Obligation Bonds – Chapman & Cutler and Northern Trust Summary of Item: Motion to authorize an agreement with the law firm of Chapman & Cutler to serve as bond counsel and with the Northern Trust Company to serve as financial advisor for the proposed general obligation tax bond, series 2002. The Village Manager and staff are authorized to execute the letters of engagement and agreements, and to take such actions as may be necessary to carry out the terms of this motion and the agreement. A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Bond Issue, Central Business District – Phase IV, Central Business District – Parking Deck, General Obligation Bond Issue – Series 2002

RES00 -00980 Resolution: Consent to Change of Control of Cable Television Franchisee from AT&T Corporation to AT&T Comcast Corporation Sponsors: Cable TV Summary of Item: This will authorize change of control of the current cable television franchisee, AT&T Coroporation, to AT&T Comcast Corporation.

A RESOLUTION CONSENTING TO THE CHANGE OF CONTROL OF THE CABLE TELEVISION FRANCHISEE FROM AT&T CORPORATION TO AT&T COMCAST CORPORATION

RESOLUTION 2002 -62 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 Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Cable TV

RES00 -00981 Resolution: Authorize Agreement for Professional Services with Planning Resources, Inc. Sponsors: Public Works Summary of Item: This will authorize execution of an agreement for professional consultant services with Planning Resources, Inc.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN PLANNING RESOURCES , INC. AND THE VILLAGE OF DOWNERS GROVE

RESOLUTION 2002 -63 A motion was made by Commissioner Schnell, seconded by Commissioner Tully, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Stormwater Variance, Wetland Banking, DuPage County, Planning Resources, Inc.

RES00 -00982 Resolution: Authorize Intergovernmental Agreement with the Village of Clarendon Hills, and the Village of Westmont for a Fire Department Communications Network Sponsors: Fire Department Summary of Item: This will authorize an intergovernmental agreement between the Village of Clarendon Hills, the Village of Downers Grove, and the Village of Westmont for a Fire Department Communications Network.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF CLARENDON HILLS , THE VILLAGE OF DOWNERS GROVE , AND THE VILLAGE OF WESTMONT FOR A FIRE DEPARTMENT COMMUNICATIONS NETWORK

RESOLUTION 2002 -64 A motion was made by Commissioner Tully, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Fire Communications Network

ORD00 -00984 Ordinance: Amend Temporary Use Provisions Sponsors: Manager’s Office and Village Attorney Summary of Item: This will amend certain Temporary Use Permit provisions.

AN ORDINANCE AMENDING TEMPORARY USE PROVISIONS

ORDINANCE NO . 4427 A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Y ea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Temporary Use

RES00 -00985 Resolution: Authorize Intergovernmental Agreement with the County of DuPage for Building Permit Review and Inspection Services Sponsors: Code Services Summary of Item: This will authorize an intergovernmental agreement between the Village of Downers Grove and DuPage County for building permit review and inspection services in relation to newly annexed areas to the Village.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILAGE OF DOWNERS GROVE AND THE COUNTY OF DUPAGE FOR BUILDING PERMIT REVIEW AND INSPECTION SERVICES

RESOLUTION 2002 -65 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 Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Annexation, DuPage County

ORD00 -00986 Ordinance: Amend Traffic Regulations on Fairmount Avenue Sponsors: Parking & Traffic Commission Summary of Item: At their meeting of May 8, 2002, the Parking and Traffic Commission moved to recommend that no parking restrictions be placed on the east side of Fairmount Avenue beginning at a point 210 feet north of the 73rd Street centerline and continuing northward for a distance of 505 feet north of 73rd Street.

AN ORDINANCE AMENDING TRAFFIC REGULATIONS ON FAIRMOUNT AVENUE

ORDINANCE NO . 4428 Mayor Krajewski said fire hydrants are on both sides of the street on Fairmount Avenue. A motion was made by Commissioner Schnell, seconded by Commissioner Tully, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – Fairmount

ORD00 -00987 Ordinance: Amend Traffic Regulations re: Norfolk Street at Saratoga Avenue and at Barrett Street Sponsors: Parking & Traffic Commission Summary of Item: At their meeting of May 8, 2002, the Parking and Traffic Commission moved to recommend that stop signs be installed at the northwest corner of Saratoga & Norfolk and the northwest corner of Barrett and Norfolk. In addition, the Commission recommended that crosswalks be installed across Saratoga at the north side of Norfolk and across Barrett Street at the north side of Norfolk.

AN ORDINANCE AMENDING TRAFFIC REGULATIONS

ORDINANCE NO . 4429 A motion was made by Commissioner Tully, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Stop Sign – Saratoga & Norfolk, Stop Sign – Barrett & Norfolk

RES00 -00988 Resolution: Authorize Submittal of Grant Application to the Bureau of Justice Assistance for FY 2002 Local Law Enforcement Block Grant Program Sponsors: Finance and Police Department Summary of Item: This will authorize submittal of a grant application to the Bureau of Justice Asistance for FY 2002 in the amount of $13,253.00 for the pupose of reducing crime and improving public safety.

A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FOR FY 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM

RESOLUTION 2002 -66 A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Local Law Enforcement Block Grant

MOT00 -00989 Motion: Authorize Partial Payment of $10,000 to Ameritech re: Under grounding of Utilities for the Parking Deck Sponsors: Finance Summary of Item: This will auhorize a partial payment of $10,000 to Ameritech in order to avoid a price increase from the original quote of $42,277.89. This payment is for work related to the undergrounding of utilities in the parking deck footprint. A motion was made by Commissioner Zabloudil, seconded by Commissioner Schnell, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District – Parking Deck, Ameritech

8. Mayor’s Report

Materials to be Received – Minutes

Finance & Administrative Standing Committee – May 7, 2002, May 21, 2002 & June 4, 2002 Liquor Commission – June 6, 2002 Plan Commission – June 4, 2002 Zoning Board of Appeals – May 22, 2002 A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

The Manager reminded the residents of the water usage restrictions. Last night between 8:30 p.m. and 10:30 p.m. was the highest usage so far. To date they have issues 263 warning citations and 12 administrative citations. If the Village continues to experience this type of usage, they will have to go to phase II further restricting use of the water. He noted that today the emergency hot weather plan for the Village was also activated. He said residents should call 443-CALL if someone needs shelter from the heat.

The Mayor said that the Village is required to have water restrictions in place as part of receiving Lake Michigan water.

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

Public Safety Committee – No report.

Finance Committee – No report.

Public Services

Commissioner Tully said the Committee did not meet tonight. The next meeting is scheduled on July 16 at 5:30 p.m. Included on the agenda are the Village Hall stairs.

12. Council Member Reports and New Business

Commissioner Zabloudil commented the staff and Community Events for a wonderful Heritage Festival.

Commissioner Gilbert said it was a great Festival. He knows how much work is involved.

Commissioner Gilbert said he met with a number of property owners in the downtown area regarding the sprinkler ordinance for apartment buildings upon change of ownership. He has reviewed the situation and said it is troubling. In 1989-1991 the BOCA Ordinance adopted standards requiring sprinklers in all multi-family buildings. He said that by adopting that Code, the Village has included the requirements for all multi-tenant buildings, but did not address the issue of new versus existing buildings. Some buildings cannot be brought up to Code, or can be but at great expense. The Village has only recently chosen to enforce this Code. He said he would be interested to know what other communities are doing in this regard, and would like to see further discussion of this on a Workshop agenda. He asked whether the Council wants to force owners to retrofit buildings at tremendous cost in existing buildings to meet the Code. He said that the Manager, Code Enforcement and the Fire Department have been working on this.

Commissioner Tully said it would be interesting to know if there have been challenges to this and how they were resolved. Commissioner Gilbert said there has been a challenge.

The Mayor asked staff to review the issue. He said that when BOCA was adopted in 1991, it also adopted more restrictive provisions. He said if those are more restrictive than other communities, the Council may have to revisit this.

Attorney Petrarca said that the Village decreased the square footage requirement.

The Manager said that staff could be asked to make a presentation to the Council.

Commissioner Gilbert asked that this be done as quickly as possible. There are a number of transactions pending because of this situation.

Commissioner Schnell said that Heritage Festival was a great party, and staff did a wonderful job. She thanked the residents who stopped and visited at the Council booth.

Commissioner Tully said that the fate of the Downers Grove Shuttle service has received attention in the press and by the residents. It is a wonderful and unique service; however, the annual ridership has been decreasing. He said that no immediate decision has been made. One of the best ways to make an argument for keeping the service is to increase the ridership.

Commissioner Tully then congratulated and applauded all whose who made Heritage Festival an unqualified success. He said he look forward to the July 4th parade on Main Street.

The Mayor said that Heritage Festival was a job well done by the staff. There were record numbers for the rides on Thursday, Friday and Saturday.

13. Adjournment

Commissioner Gilbert moved to adjourn. Commissioner Zabloudil seconded.

VOTE : YEA – Commissioners Gilbert, Zabloudil, Tully, Schnell, Mayor Krajewski

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:20 p.m