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June 03, 2003

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 Ron Sandack, Commissioner Stan Urban, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski 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 – May 13, 2003 Council Meeting – May 20, 2003 Workshop Meeting – May 27, 2003 Commissioners McConnell and Tully provided corrections to the Village Clerk.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

Judy Sidrys, 5223 Lee Avenue, said that as she watched the Council members address the issue of censuring a Village Commissioner she was moved by the look of absolute disappointment on some of their faces. She was also disappointed. While all were assured that working for two communities would not be a conflict of interest, a mere two days after being sworn in, the wheels were in motion to strip that assurance away by the very person who gave it to us. If this doesn’t prove there is a conflict of interest, she said she doesn’t know what does. She asked if an executive of Burger King would ever concurrently serve as a voting member of the board at McDonald’s, or would Burger King keep this executive if they discovered he was giving or sharing their ideas, confidential, proprietary or not, with McDonald’s. Commissioner Tully reminded all last week of a statement that was made which claimed there would be no instance in which the Village of Downers Grove would be put in any way, shape, or form behind an interest as an employee of another Village. She asked what assurance we have of that now. She said she didn’t know what could be done to fix the current problem, but said we need to think about the future, since this will surely happen again. So that Village staff, Council members, 50,000 residents as well as state representatives, state senators, and legislators don’t have to face this embarrassment, humiliation, and stab in the back again, we need to move forward to create an ordinance that would prevent employees of another village from running for a position within our own Village Council. She suggested this be considered at a future workshop. She said she believed this is what is required to ensure the public interest of Downers Grove residents will never be compromised again. She asked if this could be done.

Jim Speta, 6813 Valley View, said yesterday’s Metro section of the Chicago Tribune, contained an article discussing the use of e-mails by various elected officials. The Illinois Attorney General was quoted regarding the Open Meetings Act and the use of e-mails. She stated that having their intent to formulate policy outside the public view violates the spirit if not the letter of the Open Meetings Act. On May 27, at the meeting of the Village Council, one of the Commissioners was censured for revealing the contents of an e-mail from the Village Manager to the Mayor and Commissioners. In view of the Attorney General’s opinion, he said it appears that the first sin was the violation of the Open Meetings Act by using e-mail to communicate Village business. As a citizen of Downers Grove, he said he would like to see more emphasis on the open conduct of Village and County business. He said he would like to have the Village Attorney review the actions of the Village Manager and the censuring of the Commissioner with regard to the Open Meetings Act and issue guidelines for future use of e-mail in order to conduct Village business. He said he knows that various other elected officials, such as school boards, have it as policy not to use e-mail because it is a way to go around the Open Meetings Act.

Village Attorney Enza Petrarca said the Village Manager is not a member of the board, and, therefore, the Open Meetings Act does not apply to communications from him.

The Mayor said the e-mail went from the Village Manager who is not an elected official to all the Council members. The Village Manager sent an e-mail to the Council to update them similar to the packets the Council receives every Friday. He will continue to do that as it is not a violation of the Open Meetings Act.

Mr. Speta said he didn’t see a problem with the Village Manager talking about operations of the Village. In this case, it was a political battle between the various Villages within the County and the County Board. He thinks the matter should be reviewed.

Commissioner Tully said Mr. Speta raised a question that may have been on the minds of others as well. He said this issue was looked at two years ago when he and Commissioner Zabloudil joined the Council due to the changes in the way the Council does business with the expansion of the Council from five to seven members. Now it is lawful for two members of the Council to confer about Village business without violating the Open Meetings Act. One of the issues looked at two years ago was the use of e-mail and other forms of communication and how to make sure that everything is in compliance with the Open Meetings Act. At Commissioner Sandack’s request, the Village Attorney has looked at the issue again and advised the entire Council with respect to the use of e-mail in a variety of different settings. With respect to this issue of this particular e-mail, this was a communication from the Village Manager and is not an Open Meetings Act question. This involved a matter going on among the County and the State and the municipalities, which would not be constitute an Open Meetings Act violation because there are different entities involved. There was no Open Meetings Act violation here.

Mr. Speta said people wonder what goes on. It appeared there were behind the scenes virtual meetings vs. the actual meetings.

Commissioner Tully said there are legal opinions that define what constitutes a virtual meeting either by phone or e-mail, and what doesn’t. The Village Attorney has advised the Council on this.

Christine Fregeau, 1918 Elmore, said the events of last Tuesday’s meeting and comments from all of the Commissioners regarding the censure continue to weigh on her mind. She said she remains stunned by its magnitude and precedent. She said the actions, deliberate or otherwise, were not a private matter but a public matter affecting many people and all residents. She said it was necessary and responsible to inform people publicly. The public trust was violated. The public confidence in yet another elected official has been damaged and undermined.

Ms. Fregeau said last week’s censure was an official reprimand. She said she assumed that because this situation was unprecedented, there was no provision for a more appropriate disciplinary sanction commensurate with the magnitude of what was done. The actions described by Commissioner Zabloudil were reprehensible and defied credible justification. She said the censure is seemingly very limited in scope. The Village has never been faced with the challenge of a Council member employed by another municipality in any capacity.

She said we must move forward with our eyes opened wider. Residents look to the Council to put in place a process for the future – beyond the code of conduct and last week’s resolution. She suggested consideration of provisions beyond censure. She said there needs to be a mechanism in place with appropriate sanctions and consequence for offenses like this in the future. There are many people who think this incident warranted a resignation not from Bensenville, but from our Council. She encouraged the Council to look for a more defined and stringent means to protect the Village and the public interest with more than a reproach.

She suggested adopting new measures or consider revising language in the current code similar to the recall process established in many other cities and states. Without superceding any other state or federal statutes, she said she hoped that, in the future, breaches of conduct and ethics of elected officials could be addressed with more than a mere reprimand when it happens again. She said there simply appear to be no measures in place now to ensure that it won’t.

Mayor Krajewski said boards and commission members occasionally raise questions with respect to conflict of interest. Members are advised to bring these issues to the attention to the Village Attorney who is able to advise people as to whether a matter represents a conflict of interest.

Marilynn Gerloff, 4241 Highland Avenue, said history was made last Tuesday in the Council Chambers in that a resolution was presented censuring Commissioner Stan Urban for improper and unprofessional conduct.

After the Village Clerk read the censure, each Commissioner, the Mayor and the Village Manager told Mr. Urban how they felt about his actions.

Finally, Mr. Urban explained his actions. After giving the whole scenario, he summed it up with saying he got backstabbed. And for this action, he got a slap on the wrist.

Mr. Gerloff said Mr. Urban was not the only one that got stabbed. She said the 50,000 residents of this Village got backstabbed. She said this is a violation of his oath and a betrayal of public trust. She said Commissioner Urban needs to do the honorable thing and resign his position as Village Commissioner. She said that in less than a month’s time, Mr. Urban proved to the Village that he cannot respect, honor or maintain confidentiality of official business in the Village. She again said he needs to resign.

Eric Kothanek, 5310 Lee Avenue, said it is not his role to question Mr. Urban’s motivation, but it is his role to question his actions, to judge his ethics, and to consider his principles. He said he and the other residents suffer the burden of Mr. Urban’s breach. Last week Mr. Urban was judged by his peers. This week he must answer to his constituents. He said Mr. Urban’s hand has been slapped. He asked the Council to consider implementing strategies moving forward. He urged the Council to consider a zero tolerance policy.

5. Public Hearings

6. Consent Agenda

BIL00 -01290 List of Bills Payable: No. 5480, June 3, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

COR00 -01289 Claim Ordinance: No. 5481, Payroll, May 16, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01294 Bid: Award Contract to Edwards & Kelcey Design Services, Inc. for 2003 Bikeway Contract Plans – Year 1 Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Bikeway Plan

BID00 -01301 Bid: Award $78,800 to Lyons/Penner Electric for Dark Fiber Product and Installation re: Parking Garage Security Sponsors: Director of Redevelopment A motion was made to Approve this file on the Consent Agenda. Indexes: Central Business District – Parking Deck Passed The Consent Agenda

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

7. Active Agenda

ORD00 -01291 Ordinance: Amend Chapter 19 of the Downers Grove Municipal Code Sponsors: Public Works Summary of Item: This will make certain omnibus changes to Chapter 19 of the Municipal Code which deals with the Public Works Department, specifically streets and sidewalks.

AN ORDINANCE AMENDING CHAPTER 19 OF THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4512 A motion was made by Commissioner Urban to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Right-of-Way Standards

ORD00 -01293 Ordinance: Amend Alarm Code Provisions Sponsors: Police Department Summary of Item: This will amend certain alarm code provisions as well as connection and false alarm fees.

AN ORDINANCE AMENDING ALARM CODE PROVISIONS

ORDINANCE NO . 4513 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 Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Alarm Board

MOT00 -01295 Motion: Approve Community Grants Recommended by Community Grants Commission Sponsors: Community Grants Summary of Item: Motion to approve grants in the amount of $45,020.00 of Hotel Use Tax receipts to be used for expenses as identified by the applicant in the budget submittal, as approved by the Community Grants Commission. These grants are to be paid on a reimbursement basis upon submittal of paid receipts.

The Community Grants Commission, at their meeting of May 5, 2003, recommended approval of the following grants: AAUW – Book Sale Support $1,600; DG Choral Society Season $9,000; DG Concent Association Season $9,000; DG Downtown Management Fine Arts Festival $3,000; DG Downtown Management Downers Day & Hospitality Sunday $2,000; DG Friends of the Library Storybook Parade $250; DG Junior Woman’s Club – July 4th Float $300; DG Kiwanis – Easter Egg Hunt $500; DG Rotary Club – Halloween Window Painting $700; DGSHS Mustang Music Bowl $700; Grove Players Season $2,000; Midwest Ballet Threatre Cinderella $2,700; Our Town Productions Christmas Carol $2,000; Squires of DG Golf Tournament $300; Vox Caelestis Concert Series $1,000; West Suburban Humane Society Dog Days of Summer $2,000; Indian Boundary YMCA – Y-Games $900; YMCA 5K Run $900; DG Historical Society Cemetery Restoration $3,150; DG Noon Lions Club Halloween Parade $100; New World Repertory Theater Off the Map $1,200; West Towns Chorus Christmas Show $600; DG Swim & Racquet Club 4th of July Float $300; Maple Hill Recreation Corp. 4th of July Float $300; Administrative Costs $520. Commissioner Schnell thanked Dave Humphreys and staff for providing her with the list she requested last week.

Commissioner Tully thanked the staff for the difficult task of allocating funds. He said he regrets that more cannot be done. He asked for more information as to what goes into the assessment from year to year. He said he appreciates the difficulty of the decisions the Committee must make. This information will help him when he is asked questions from residents and others.

Mayor Krajewski thanked the Committee. He said there are more entities asking for funds. He asked for a synopsis on the events, how many people attend, etc. A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Community Grants

RES00 -01296 Resolution: Authorize Submittal of Grant Agreement to the Illinois Commerce Commission Sponsors: Accounting, Police Department and Manager’s Office Summary of Item: This will authorize an agreement between the Village of Downers Grove and the Illinois Commerce Commission for grant funding in the amount of $25,625.00 for education and enforcement targeted at reducing or eliminating pedestrian and motor vehicle grade crossing violations.

A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT AGREEMENT TO THE ILLINOIS COMMERCE COMMISSION

RESOLUTION 2003 -50 A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Rail Crossing Enforcement System, Illinois Commerce Commission

RES00 -01297 Resolution: Authorize Agreement with Turner Construction Company re: Parking Deck Sponsors: Director of Redevelopment and Public Works Summary of Item: This will authorize execution of an agreement between the Village of Downers Grove and Turner Construction Company for the construction of a multi-level public parking structure in the Central Business District.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND TURNER CONSTRUCTION COMPANY

RESOLUTION 2003 -51 Commissioner Tully said this was under discussion when he was running for Council two years ago. He said it is his sincere hope that this moves forward quickly.

The Mayor asked our owner’s representative, Sara Davis, if she checked references with Alexian Brothers.

Ms. Davis said she did check with Alexian Brothers. Their project was an addition to a parking structure that was done on-budget and on time. They were pleased with their work with Pat Donovan. They encountered some minor problems with the transition from the old to the new structure, which will not happed here as we are building a whole new structure. They would consider Turner for future projects.

Commissioner Urban said he is convinced Turner can do the work competently and in a timely manner. He said that although he does not agree with the placement of the deck, he is pleased to have an opportunity to vote on this issue. He has been in favor of a parking deck for a long time.

Commissioner Schnell discussed the responsibilities and duties of Turner. She said the Council wants to be kept up to date on this project. The Mayor, at last week’s meeting, suggested monthly updates. She suggested this be added to the duties.

Mayor Krajewski reiterated that updates would be provided on the 4th Tuesday of each month at 6:30 p.m.

Joe Skach, Director, Redevelopment, said the monthly updates to the Council are part of the contracts associated with the construction of the deck. These are to be facilitated by the owner’s representative. There will be weekly and Manager updates as well.

Commissioner Schnell said the Council needs someone from Turner at the meetings.

The Mayor said it could be a Turner representative or our owner’s representative, perhaps alternating months.

Commissioner Sandack commended the staff on this issue. He said it was done in a competitive bid environment. Turner is well-known. He is convinced they will do a good job. 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 Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District – Parking Deck

RES00 -01298 Resolution: Authorize an Agreement with Versar, Inc. for Geotechnical Engineering, Inspection and Testing Services during the Construction of and for the Downers Grove Multi-Story Parking Structure Sponsors: Director of Redevelopment and Public Works Summary of Item: This will authorize an agreement between the Village of Downers Grove and Versar, Inc. for geotechnical engineering, inspection and testing services during construction of the CBD multi-level parking deck.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR GEOTECHNICAL ENGINEERING , INSPECTION AND TESTING SERVICES DURING THE CONSTRUCTION OF AND FOR THE DOWNERS GROVE MULTI -STORY PARKING STRUCTURE BETWEEN THE VILLAGE OF DOWNERS GROVE AND VERSAR , INC.

RESOLUTION 2003 -52 A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District – Parking Deck

RES00 -01299 Resolution: Authorize Agreement with Advent Systems, Inc. for Parking Garage Security Sponsors: Police Department, VOC and Public Works Summary of Item: This will authorize an agreement between the Village of Downers Grove and Advent Systems, Inc. to provide various security components and services related to the CBD parking deck security system.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ADVENT SYSTEMS , INC.

RESOLUTION 2003 -53 Commissioner Schnell complimented the security team. She said this will result in a product that will make residents feel safe.

The Mayor asked about the total number of cameras.

The Manager said there are a total of 49 cameras, 38 of which are inside. A motion was made by Commissioner Urban to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District – Parking Deck

ORD00 -01300 Ordinance: Amend the Fee for Electrical Examination Sponsors: Code Services Summary of Item: This will raise the electrical license examination fees from $50.00 to $75.00.

AN ORDINANCE AMENDING THE FEE FOR ELECTRICAL EXAMINATION

ORDINANCE NO . 4514 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 Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Electrical Code

8. Mayor’s Report

Materials to be Received – Minutes

Community Grants Commission – May 5, 2003 Library Board – April 23, 2003 Liquor Commission – May 1, 2003 Parking & Traffic Commission – April 9, 2003 Plan Commission – May 6, 2003 Zoning Board of Appeals – March 26, 2003 Zoning Commission – February 20, 2003 A motion was made by Commissioner Tully to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski

New Business

Mayor Krajewski proclaimed the month of June 2003 as River Month in the Village of Downers Grove. He said the River Sweep would be held on Saturday, June 7.

Materials to be Placed on File

9. Manager’s Report

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Finance Committee

Commissioner Zabloudil said the agenda of the Finance Committee included approving the minutes of the last meeting and discussing a management report. This matter will be Workshopped in two weeks.

Public Safety

Commissioner McConnell said the Committee has two new members and met this morning. They met to talk with the Police and Fire Departments about their goals and issues. They asked for an update on the CAD installation. She commended Tracy Adams for doing an excellent job with respect to CAD . They reviewed the HIPAA privacy implications that went into effect April 14. She said that at a recent meeting that had 25 or more communities in attendance, only three have implemented the new regulations.

Commissioner Tully asked about the CAD installation.

Commissioner McConnell said it is the installation of a new computer system that will allow field access and field input from the Fire and Police Departments.

Manager Ginex said the Village has been notified that the Illinois Crime Prevention has awarded Downers Grove an award for the best crime prevention unit in the State this year. He congratulated Mary Wennerstrom and Marion Heintz who are in charge of the department.

Mayor Krajewski said the Village also received the Governor’s Home Town Award.

Public Services

Commissioner Tully said the Committee did not meet this week, but is looking at week of June 23 to hold the second meeting of the Local Transportation Subcommittee, and to also hold a meeting of the Stormwater Utility Exploratory Committee. A great deal of work has been done by staff such that the next meeting can be very productive.

12.Council Member Reports and New Business

Commissioner Sandack spoke regarding the question of e-mail and the Open Meetings Act. He said he feels this and other Councils have acted in complete concurrence with the law. The Village Attorney has put together a policy and he received training before being sworn in. He said the Council takes the Open Meetings Act very seriously.

The Mayor asked the Village Attorney make the Open Meetings Act, cases, and clarification as to its application available in the Library.

Commissioner Schnell said from the time the Council first received their e-mail addresses they received instructions and have had updates as necessary.

Commissioner McConnell said the Partnership for Healthier Communities met on Friday. Regarding their role in disaster preparedness, they have agreed to establish a task force to help train and support residents in the event of any type of disaster, not just terrorism. DuPage County is applying for a grant in this regard. Also on the agenda was a presentation from the Family Shelter Group focusing on domestic violence. There will be a Community Passport to Safety Fair on October 4 from 10:00 a.m. – l:00 p.m. at the new Park District Recreation Center. Anyone interested in doing something related to health & safety are invited to call Commissioner McConnell or Barb Leiber for more information.

Regarding the censure, Commissioner McConnell said she heard requests for a structure related to actions of the Council as individual elected members. She suggested the Finance or other committee review a code of ethics, options, etc. The community would like the Council to have a better handle on this.

Commissioner Urban said there are 23 days until the Heritage Festival. Ride tickets go on sale this week.

Commissioner Tully said the lines for the Open Meetings Act are well drawn, but new technology creates fine and gray lines. He said our counsel updates the Council as necessary.

He provided an update of the stenciling of the storm drains by the Downers Grove Junior Woman’s Club. They were rained out a couple of weekends, but are continuing their work. He will be receiving weekly reports on their progress.

13. Adjournment

Commissioner Tully moved to adjourn. Commissioner Urban seconded.

VOTE : YEA – Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Schnell, Mayor Krajewski

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:26 p.m