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June 17, 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

3. Minutes of Workshop and Council Meetings

Council Meeting – June 3, 2003 Workshop Meeting – June 10, 2003 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Special Guests:

Mayor Krajewski introduced three members of Troop 80 who were in attendance working on their Citizenship in the Community Merit Badges. The Mayor said that Troop 80 is a very active group of Scouts and wished them the best of luck. The Scouts were given Village pins.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Dr. Gordon Goodman, 5834 Middaugh, questioned the status of the Zoning Commission, and the transfer of responsibilities to the Plan Commission. He said that the website version looked the same as the version they reviewed last week.

Attorney Petrarca said that they moved the role of the Plan Commission to© instead of (k), and there were corrections of typographical errors in Section 5.

Dr. Goodman said that the responsibilities of the Plan Commission will make planning much more difficult, as he stated last week. He suggested that this be done on a trial basis and that the Motion include revisiting this issue in a designated period of time. They could then determine whether the Plan Commission can actually do planning, and they could review whether there has been a designation of an equal balance of work between the Zoning Board of Appeals and the Plan Commission duties. It is his expectation that the Planning Commission will have much more work and will require subcommittees to meet all the responsibilities.

The Mayor said if this does pass the Manager will be asked to have staff revisit this after six months.

Commissioner Tully said he was going to ask for a minimum of one year for a status review and a meeting with the new Plan Commission members.

B. Comments and Questions on General Matters

Jack McGuire, 1425 Gilbert Avenue, said he received the Village News today and under Rules of the Road there was a reference to the Village Code regarding skateboards. Mr. McGuire said that he commented to Commissioner Schnell that there are skateboarders all over town with nowhere to go, and she responded to him that it has nothing to do with the Village. He said since there is a regulation regarding skateboards and in-line skates, it must have something to do with the Village. He then read the portion of the Village News, and asked what it meant. He asked if they can skate on the street.

Attorney Petrarca said she would have to get back to him on that section. Mr. McGuire said there should be a place for these kids because they’re all over town. He said the facility at the YMCA is not big enough.

The Mayor said the YMCA had a grand opening of a new skateboard area three weeks ago. He also suggested Mr. McGuire contact the Park District.

Terri Brzezinski, 2219 Haddow Avenue, said that she found out late last week that the ICC has declined to fund the Belmont grade separation project for their 2003-08 funding cycle. She understands that the Mayor and Manager have known about this for two weeks, yet this was not mentioned in her conversations with the Manager. She asked why the information was not released to her and her neighbors from the Village. She said they all asked to be updated on the Belmont project regularly. Her understanding is that without the ICC funding the Belmont project would not happen. Ms. Brzezinski also asked why Metra is still purchasing property if the project is not going to happen, and she asked the actual status of the project. She referenced letters to both the Mayor and the Manager from Metra regarding the Hitchcock property. Ms. Brzezinski also mentioned the problem with the proposed parking, saying she is not the only person concerned about the potential lot. She questioned who is looking out for the residents’ best interests on this project. Since the project is apparently on hold, she would like to get back to discussing other issues related to the residents in that area.

The Mayor said that the Village and the County have no financial participation in the project, although there is an intergovernmental agreement regarding the funding. All along it was discussed that ICC would fund 60% of the project, and later changed that to a cap of $12 million. He said that he received a letter a couple of weeks ago that said 85% of the funding had not been identified. The Mayor said he asked the Manager to look further into this and to call a meeting of the railroad task force committee. Mayor Krajewski said that he thought IDOT and Metra were still looking into funding. Without the funding, the project may be five years down the road. He said that the Village will not be forwarding all letters to the residents. Public Works engineers will continue to work with Metra. He said that from the Village’s standpoint everything is moving forward, and there is an intergovernmental agreement in place for funding. He expects the committee to meet within a few weeks.

Ms. Brzezinski responded that the earliest the ICC could consider this is January 2004, and if the funding does not go through the project will not happen.

The Mayor said if they can come up with $36 million, it will be built; if not, it won’t be built. Ms. Brzezinski said that Village has told everyone that the ICC funding is the key, and the fear is that Metra wants to buy up property in the area and change it into a parking lot. She asked that the Village and residents talk about this. The residents need answers and there are safety concerns. The Mayor said they will pass information on to the residents as they get it.

Betty Rigsby, 1962 Hitchcock, said that she is concerned about the property being taken on Hitchcock. The residents were not notified about the taking of the property 18 months in advance. Metra’s plans are to put the exit of the parking lot at 1970 Hitchcock, which effects the adjacent residents. The exit will be right next to the house next door.

Manager Ginex said there has been no determination made as yet as there are still discussions going on regarding the design for Skuttlebutts property.

Ms. Rigsby said they have spoken with the property owners and are negotiating to purchase the property. She said that headlights will be in the neighbors’ front rooms. She described what the traffic pattern would be and how it would effect the residents. She is concerned whether or not the Village is looking out for the residents.

Commissioner Tully suggested that the status of the project be made a part of the Manager’s report even if nothing material is happening.

Mayor Krajewski said that he has asked the Manager to get a Committee together, and they will probably have more information on this within a month.

Commissioner Tully asked, if funding is obtained, what is the Village’s role in oversight. Attorney Petrarca said she would look into this further.

5. Public Hearings

6. Consent Agenda

BIL00 -01302 List of Bills Payable: No. 5482, June 17, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

COR00 -01303 Claim Ordinance: No. 5483, Payroll, May 30, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A 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

MOT00 -01305 Motion: Authorize the Purchase of Vehicles and Equipment for the Village Fleet Sponsors: Public Works Summary of Item: This will authorize the purchase of miscellaneous vehicles and equipment included in the Fleet Replacement Plan 2003/04. A motion was made by Commissioner Urban 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: Fleet Replacement Plan

ORD00 -01306 Ordinance: Authorize the Sale by Public Auction of Personal Property Owned by the Village of Downers Grove Sponsors: Public Works Summary of Item: This will authorize the sale of various vehicles owned by the Village of Downers Grove at a public auction conducted on June 28, 2003 by the DuPage Mayors and Managers Conference.

AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4515 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: DuPage Mayors & Managers, Auction

RES00 -01308 Resolution: Final Plat of Subdivision for Woodcreek Business Park Resubdivision #2 Sponsors: Plan Commission Summary of Item: At their meeting of May 6, 2003, the Plan Commission unanimously recommended approval of the final plat of subdivision for Woodcreek Business Park Resubdivision #2 with no exceptions.

A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR WOODCREEK BUSINESS PARK RESUBDIVISION #2

RESOLUTION 2003 -54 A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, 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: Planned Development #20-Woodcreek, Woodcreek Business Park

ORD00 -01309 Ordinance: Amend Planned Development #20 to Approve a Bank with Drive-Through Banking Facility at 2211 Butterfield Road Sponsors: Plan Commission Summary of Item: At their meeting of May 6, 2003, the Plan Commission recommended approval of an amendment to Planned Development #20 to permit construction of a bank with a drive-through banking facility of the property located at 2211 Butterfield Road.

AN ORDINANCE APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT #20 TO APPROVE A BANK WITH DRIVE -THROUGH BANKING FACILITY FOR THE PROPERTY LOCATED AT 2211 BUTTERFIELD ROAD

ORDINANCE NO . 4516 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: Planned Development #20-Woodcreek, Woodcreek Business Park

ORD00 -01310 Ordinance: Amend Certain Boards and Commissions Sponsors: Village Attorney Summary of Item: This shall increase the size of certain Village boards and commissions and amend service term of each member to three years.

AN ORDINANCE AMENDING CERTAIN BOARDS AND COMMISSIONS

ORDINANCE NO . 4517 The Mayor said this makes all boards and commissions three year appointments except those governed by state statute. 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: Boards and Commissions

ORD00 -01311 Ordinance: Amend Provisions of the Downers Grove Municipal Code Relating to the Zoning Commission, Zoning Board of Appeals and Plan Commission Sponsors: Village Attorney Summary of Item: This shall amend the powers and duties of the Zoning Board of Appeals and Plan Commission, and abolish the Zoning Commission.

AN ORDINANCE AMENDING PROVISIONS OF THE DOWNERS GROVE MUNICIPAL CODE RELATING TO THE ZONING COMMISSION , ZONING BOARD OF APPEALS AND PLAN COMMISSION

ORDINANCE NO . 4518 Commissioner Tully said that last week Attorney Petrarca was asked to provide information on the type of cases heard. He said that in 2001 the Zoning Board of Appeals heard five special uses, in 2002 they heard six, and this year to date they have heard one special use case. He also commented that he would like to have a six-month and one-year status review of this change as well as a joint meeting with the Pan Commission in six months, if possible. He thinks it is a good idea to have the same people doing the planning also considering special uses. 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: Boards and Commissions, Zoning Commission, Plan Commission, Zoning Board of Appeals

ORD00 -01312 Ordinance: Amend Certain Water Provisions Sponsors: Village Attorney Summary of Item: This will amend existing provisions relating to water service and bring the Village into compliance with IEPA requirements in order to receive Belmont Park Grant funding.

AN ORDINANCE AMENDING CERTAIN WATER PROVISIONS

ORDINANCE NO . 4519 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: Water Service

RES00 -01313 Resolution: Authorize the Village of Downers Grove Employee Flexible Benefits Plan Sponsors: Deputy Village Manager Summary of Item: This will establish flexible benefits program policies and procedures for Village employees.

A RESOLUTION AUTHORIZING THE VILLAGE OF DOWNERS GROVE EMPLOYEE FLEXIBLE BENEFITS PLAN

RESOLUTION 2003 -55 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: Employee Benefits

RES00 -01304 Resolution: 2003 Motor Fuel Tax Sponsors: Public Works Summary of Item: This will authorize the acceptance from the Illinois Department of Transportation of $1,400,000.00 in Motor Fuel Tax funds for use in maintaining the roadways in Downers Grove.

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

RESOLUTION 2003 -56 A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, 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: Motor Fuel Tax

8. Mayor’s Report

Materials to be Received – Minutes

Joint Meeting of EDC Strategic Planning Committee and Plan Commission – May 12, 2003 Library Board – May 14, 2003 & May 28, 2003 Public Services – January 31, 2003 Zoning Board of Appeals – May 28, 2003 A motion was made by Commissioner Tully, seconded by Commissioner Urban, 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

The Mayor asked the Manager to contact members of the Zoning Commission, Plan Commission and Zoning Board of Appeals notifying them of the changes that are proposed, and asking which members would want to continue working on the Commissions. The Mayor asked the Village Clerk to read the resolution regarding appointments to the Board of Fire and Police Commissioners.

RES00 -01316 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This will confirm the reappointment of Gary Owens to the Board of Fire and Police Commissioners for a term expiring April 30, 2006 and appoint Richard Matthies for a term expiring April 30, 2004.

RESOLUTION APPOINTING MEMBERS TO THE BOARD OF FIRE AND POLICE COMMISSIONERS

RESOLUTION 2003 -57 The Mayor thanked Commissioner McConnell for her assistance. Commissioner McConnell said that Mr. Owens is reappointed for a second term. She said Mr. Matthias had served on a similar Board with another community and welcomed him. A motion was made, 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: Boards and Commissions

9. Manager’s Report

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Commissioner Tully said the Local Transportation Subcommittee will hold a meeting on June 25 at 6:00 p.m. regarding the commuter shuttle service and related issues. He added that the Stormwater Utility Exploratory Committee will meet on June 26 at 6:00 p.m. at the Public Works Facility regarding a stormwater utility in the Village.

Commissioner Zabloudil said the Finance Committee met this evening and discussed health insurance coverage and proposed changes to the plan, as well as the Treasurer’s report. In addition, they discussed the planned draw schedule for the parking deck and the cash flow projections.

12.Council Member Reports and New Business

Commissioner Schnell said that with regard to the skateboarding issue, it is not a Village function per se and she e-mailed the Park District about it but has received no response as yet.

Commissioner Urban said there were nine days left to Heritage Festival, and the first Farmers’ Market of the Season opens on June 21.

Commissioner Tully commented on the debate about the future of the DuPage County Water Commission, and said that a settlement was reached after much negotiation. Legislation has not yet been passed. He thanked the Mayor and Manager for their tremendous personal sacrifice in fighting for the Village on this issue. They made several trips to Springfield as well. He said absent their intense leadership roles, an agreement may not have been reached. He wanted to express his appreciation publicly.

The Mayor said that Representatives Bellock and Pihos also did a tremendous job on this issue.

The Mayor said that on Thursday at 7:30 p.m., the K-9 unit will be at Downers Grove South High School with other units. He also congratulated the Woodgrove Unit of the American Cancer Society and their Relay for Life which was held at Downers Grove North High School. It was well attended and raised $250,000. He noted that the Council and several staff also participated in this community-wide event.

13. Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section 2©(1) of the Open Meetings Act to consider personnel. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:19 p.m