Skip to main content

December 16, 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 Absent: Village Manager Riccardo Ginex Non Voting: Village Attorney Enza Petrarca, Village Clerk April Holden and Deputy Village Manager David Van Vooren Commissioner Urban arrived at 6:35 p.m.

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 – November 25, 2003 Workshop Meeting – November 25, 2003 Council Meeting – December 2, 2003 Workshop Meeting – December 9, 2003 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Recognition of Boards and Commission Members Mayor Krajewski noted that the Council recently eliminated the Community Maintenance Board and the Zoning Commission. He recognized Timothy McJoynt who served on the Community Maintenance Board from 1986-2003. Larry Musielak served from 1991-2003 and Denise Rabatah served from 1992-2003 on the Zoning Commission. He thanked them for their long service to the community as members of these boards.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

George Swimmer, 7041 Creekside, stated he has been before the Village Council many times on the issue of railroad safety. He said the coming winter months present a specific safety issue. Often because of dangerous weather conditions, traffic backs up in the area of the railroad tracks. The trains travel at high speed, and cars are unable to get traction to cross the tracks safely. He encouraged pedestrians, drivers and train engineers to take extra precautions driving during slippery winter conditions. Mr. Swimmer noted incidents of traffic fatalities caused by hazardous conditions.

Mr. Swimmer brought up the fact that along the Burlington Northern tracks, trains do not stop or slow down when another train is entering or exiting a station. He said there have been four fatalities since 1991 because people attempted to cross the tracks when another train was approaching on another track. He asked that METRA institute safety policies, such as other railroads have, so as to avoid these accidents in the future. The Union Pacific and the Rock Island lines do not allow this to occur, and they regulate it by the scheduling of their trains. He encouraged METRA to adjust their schedules to accommodate commuter trains in the future. Mr. Swimmer asked the Council to continue its proactive policy by encouraging increased safety policies by both Burlington Northern and METRA .

5. Public Hearings

6. Consent Agenda

COR00 -01464 Claim Ordinance: No. 5509, Payroll, November 22, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01465 List of Bills Payable: No. 5506, December 16, 2003 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01467 Award $489,000.00 to Brown Building Co., Lombard, Illinois, for Construction of the McCollum Park Satellite Maintenance Building Sponsors: Public Works Summary of Item: Amount not to exeed $489,000.00 plus a contingency amount of 5%, or $24,450.00. Indexes: McCollum Park-Satellite Maintenance Facility 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 -01477 Ordinance: Village of Downers Grove 2003 Aggregate Tax Levy Sponsors: Village Attorney Summary of Item: This will establish the 2003 Downers Grove Tax Levy in the amount of $9,420,857.00 for the Village of Downers Grove and $3,647,321.00 for the Library.

VILLAGE OF DOWNERS GROVE 2003 AGGREGATE TAX LEVY

ORDINANCE NO . 4554 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: Tax Levy – 2003/04

ORD00 -01478 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2003 and Ending on the Thirtieth Day of April 2004 for Village of Downers Grove Special Service Area Number One Sponsors: Village Attorney Summary of Item: This will establish the 2003/04 Special Service Area Number One tax levy in the amount of $7,423.60.

AN ORDINANCE FOR THE LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2003 AND ENDING ON THE THIRTIETH DAY OF APRIL 2004 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA NUMBER ONE

ORDINANCE NO . 4555 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: Tax Levy – 2003/04

ORD00 -01479 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2003 and Ending on the Thirtieth Day of April 2004 for Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Special Service Area) Sponsors: Village Attorney Summary of Item: This will establish the Special Service Ares #2 (Downtown Special Service Area) tax levy in the amount of $240,000.00.

AN ORDINANCE FOR THE LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2003 AND ENDING ON THE THIRTIETH DAY OF APRIL 2004 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #2 (DOWNERS GROVE DOWNTOWN SERVICE AREA )

ORDINANCE NO . 4556 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: Tax Levy – 2003/04

ORD00 -01480 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2003 and Ending on the Thirtieth Day of April 2004 for Village of Downers Grove Special Service Area #3 (Prince Pond Special Service Area) Sponsors: Village Attorney Summary of Item: This will establish the 2003/04 tax levy for the Prince Pond Special Service Area #3 in the amount of $8,671.00.

AN ORDINANCE FOR THE LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2003 AND ENDING ON THE THIRTIETH DAY OF APRIL 2004 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #3 (PRINCE POND SPECIAL SERVICE AREA )

ORDINANCE NO . 4557 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: Tax Levy – 2003/04

MOT00 -01468 Motion: Approve 2004 Heritage Festival Budget Sponsors: Tourism and Events Commission Summary of Item: This concurs in the recommendations of the Tourism & Events Commission related to the 2004 Heritage Festival budget. The projected budget includes $442,300.00 in expenses for the Heritage Festival, including fireworks and parade. A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Accept 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: Heritage Festival 2004

ORD00 -01469 Ordinance: Amend Ordinance #4496 and the Village of Downers Grove Budget for Fiscal Year 2003/04 Sponsors: Finance Summary of Item: This adopts certain amendments to the 2003/04 budget.

AN ORDINANCE PROVIDING FOR AN AMENDMENT TO ORDINANCE #4496 AND THE VILLAGE OF DOWNERS GROVE BUDGET FOR FISCAL YEAR 2003 /04

ORDINANCE NO . 4558 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: Budget Amendment – 2003/04

ORD00 -01471 Ordinance: Rezone the Property Located at 4320 Cumnor Road from R-4 to B-3 Sponsors: Plan Commission Summary of Item: At their meeting of November 4, 2003, the Plan Commission recommended unanimously that the property located at 4320 Cumnor Road be rezoned from R-4 Single Family Residential to B-3 General Services & Highway Business.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, CODIFIED AS CHAPTER 28 OF THE DOWNERS GROVE MUNICIPAL CODE , AS AMENDED TO REZONE THE PROPERTY LOCATED AT 4320 CUMNOR ROAD (R-4 to B-3)

ORDINANCE NO . 4559 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: Rezone 4320 Cumnor – R-4 to B-3

ORD00 -01470 Ordinance: Authorize Special Use at 205-217 Ogden Avenue and 4320 Cumnor Road Sponsors: Plan Commission Summary of Item: At their meeting of November 4, 2003, the Plan Commission unanimously recommended that a Special Use be granted for the property located at 205-217 Ogden Avenue and 4230 Cumnor Road for an automobile repair and service shop, excluding rebuilding and painting of automobiles.

AN ORDINANCE AUTHORIZING SPECIAL USE AT 205 -217 OGDEN AVENUE AND 4320 CUMNOR ROAD

ORDINANCE NO . 4560 Commissioner Tully thanked Gardner Saab for working so closely with Village staff to accommodate their needs as well as the needs of the Village and surrounding residents. He pointed out that as a follow-up to an issue he raised last week, the Ordinance has included an additional condition to discourage and prohibit, if necessary, the test-driving of vehicles on Cumnor Road. He thanked the petitioner for accepting this additional condition. 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: Special Use – 205 & 217 Ogden Avenue, Special Use – 4320 Cumnor

RES00 -01472 Resolution: Authorize an Agreement with Metro Transportation Group, Inc. re: Brook Drive and Finley Road Traffic Signal Modernization Sponsors: Public Works Summary of Item: This will authorize an agreement with Metro Transportation Group, Inc. for the Brook Drive at Finley Road Traffic Signal Modernization.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND METRO TRANSPORTATION GROUP , INC.

RESOLUTION 2003 -103 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: Traffic Signals, Brook Drive & Finley Road Traffic Signal Modernization

RES00 -01473 Resolution: Authorize Agreement with Suburban Bus Division of the Regional Transportation Authority (PACE) Sponsors: Finance and Public Works Summary of Item: This shall authorize receipt of a transit grant agreement with PACE for subsidy funds in the estimated amount of $49,100.00. This amount is estimated based upon the availability of funds from PACE ’s budget which will be applied toward public transportation services. Note, based upon the funds received by PACE , the Village’s estimated local share of costs is $214,900.00.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE)

RESOLUTION 2003 -104 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: Pace, Transit Grant Agreement

RES00 -01474 Resolution: Amend the Employee Administrative Rules and Regulations of the Village of Downers Grove, Illinois re: VESSA Policy Sponsors: Village Attorney Summary of Item: This will authorize adoption of administrative rules and regulations concerning the Victims’ Economic Security and Safety Act of 2003.

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

RESOLUTION 2003 -105 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: Administrative Rules and Regulations, VESSA Policy

MOT00 -01475 Motion: Authorize 2004 Class “A” Scavenger License with BFI Disposal Services Sponsors: Manager’s Office Summary of Item: Application has been made by Allied Waste Industries d/b/a BFI for a Class “A” Scavenger License. Finding that BFI complies with the applicable requirements of the Municipal Code, this will approve and authorize issuance of a Class A Scavenger License to BFI for 2004. This license allows BFI to serve all premises within the Village. BFI is currently under contract with the Village to provide single-family scavenger, recycling and yard waste services through March 31, 2005. A motion was made by Commissioner Zabloudil, seconded by Commissioner Tully, 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: Scavenger-Recycling Program, Scavenger-Garbage Collection

ORD00 -01476 Ordinance: Designate Lake Forest Bank as a Depository for the Village of Downers Grove Sponsors: Deputy Village Manager Summary of Item: This will designate Lake Forest Bank as a depository for the Village of Downers Grove.

AN ORDINANCE DESIGNATING LAKE FOREST BANK AS A DEPOSITORY FOR THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4561 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: Depository, Designating

8. Mayor’s Report

Materials to be Received – Minutes

Community Grants Commission – November 5, 2003 Economic Development Commission – November 12, 2003 Library Board – November 12, 2003 & November 26, 2003 Plan Commission – November 4, 2003 Public Safety Committee – November 15, 2003 Stormwater and Flood Plain Oversight Committee – October 8, 2003 Zoning Board of Appeals – October 22, 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 Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

Deputy Manager Dave Van Vooren recognized Don Wilson for his work on the Cable Access Program Vintage Times. He received an award of acknowledgement from Downers Grove Township. On behalf of Manager Ginex and the staff, Deputy Manager Van Vooren extended best wishes for a happy holiday.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Public Safety Committee

Commissioner McConnell said that Public Safety met and discussed the ProScan system, which is not yet operational. They also discussed trends in the community as related to police activities. The budget and capital expenditure needs were also covered. They plan to meet again in February.

Public Services Committee

Commissioner Tully said that the Local Transportation Subcommittee intends to meet one more time for final preparation of their report to the Council. He said that the Stormwater Committee report is expected in the next 45-60 days.

12.Council Member Reports and New Business

Commissioners Zabloudil, Sandack and Schnell wished everyone happy holidays and encouraged residents to shop in the Village.

Commissioner McConnell extended her best wishes and thanked everyone in the community who participated in working for the good of the community.

Commissioner Urban thanked the Council, residents and staff for a good year and wished all a happy holiday. He added that the Performing Arts Commission met last week and will meet again January 31.

Commissioner Tully echoed the best wishes of the Council. He said that 2003 was a year with many challenges and many successes. He looks forward to 2004.

The Mayor congratulated the West Town Chorus for their performances this weekend at the Tivoli Theater. He noted that special needs individuals were invited to attend the performance on Friday evening. He also thanked the residents for their involvement and wished the Council, staff and residents Happy Holidays.

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 7:05 p.m. until January 6, 2004