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February 15, 2005

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 Mark Zabloudil and Mayor Brian Krajewski Absent: Commissioner Martin Tully 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

Council Meeting – February 1, 2005 Workshop Meeting – February 8, 2005 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Mayor Krajewski welcomed Boy Scouts from Pack 85 of Whittier School to the meeting. He asked the boys to introduce themselves.

The Mayor said the Scouts are working on their citizenship badge. He said they spoke with him about how to help the Police Department. The Scouts were given a Village flag for campsites and parades.

The Mayor said the Scouts have been learning about urban planning in school. He said he will address Hillcrest School tomorrow.

One of the Scouts asked the Council members about the most challenging issue they have faced on the Council.

Commissioner Schnell said the vote regarding Walgreens was the most challenging for her as it was a very complex issue with many sides.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Terri Brzezinski, 2219 Haddow Avenue, commented on the Future Land Use Map. She said in the past the Mayor has said that zoning changes are difficult to deny if the zoning is on the Future Land Use Map. She asked if changes to the Future Land Use Plan should be done according to zoning laws, i.e., notification to residents, put up sign, notice of public hearing and hold a public hearing on the issue. She said the way it is done now is that if it is changed on the Future Land Use Plan and that is published and then a developer says an area is zoned commercially even though it is really zoned residential, it would be hard to deny the request for the change in the zoning. She said it seems like a backdoor way to get zoning changed without going through the proper procedures. She suggested that if the procedures for changing the Future Land Use Map cannot be changed, a disclaimer could be added to the Future Land Use Map indicating that the map does not reflect an actual change in zoning and cannot be used by a petitioner as a reason to change the zoning. This would protect people in the zoning process. If there is no public hearing, no notice, no signs for changing the future land use plan zoning, the residents have been cut out of the process.

Mayor Krajewski said the courts have stated that the Village has sometimes tried to deny a petition when the zoning was in place.

Village Attorney Enza Petrarca said the Future Land Use Map has been the subject of several public hearings. The matter has been before the joint EDC Strategic Planning Committee and Plan Commission. A public hearing was also conducted by the Plan Commission on January 17, 2005 and all the property owners were notified.

The Mayor said meetings have been conducted on this matter for a couple of years by the EDC Strategic Planning Committee. These have been public meetings.

Ms. Brzezinski said no signs were up. She said she lives by Belmont Road and did not receive any notification of this. She said under normal zoning changes a sign must be placed on the property in advance outlining what is going to be done so people have a chance to participate. She said the first she heard of this was when she read it in the Village Corner. There were no signs up.

The Mayor said this has been going on for several years.

Ms. Petrarca said this is not a rezoning. It is a designated land use matter.

Ms. Brzezinski said she understands this is not an official rezoning, but she is concerned that when it comes to officially rezoning this, if the Village then says it is on the Future Land Use plan and cannot be denied, then in effect it has been changed.

Ms. Petrarca said the current zoning is one criteria the Council uses in rezoning.

Ms. Brzezinski said she would like to see some protections for the residents in this process. She said with respect to changing the Future Land Use plan, there needs to be some consideration that this follow regular zoning procedures since it will be seen as an official zoning change. If it cannot be fought in court, it is an official zoning change.

Commissioner Schnell asked if the municipal code would have to be changed if a sign were to be put up that a particular parcel would be part of a public hearing for a future land use map.

Ms. Petrarca said we could enact that.

Ms. Brzezinski said the residents would appreciate that as it would give people the ability to know what is going on.

Commissioner Schnell said the reason the signs went up originally was because people wanted to know what is going on and it is easy to spot a sign of notice of a public hearing. This would be another communication tool and it would be a good idea to publicize this.

B. Comments and Questions on General Matters

Mitch Atkinson, Woodridge Jaycee, presented art work memoralizing soldiers who have lost their lives in Afghanistan and Iraq. He asked for support in having his artwork on permanent display as a national memorial in Washington, DC. He said he is working with the Downers Grove American Legion Post. More information is available at www.fallenheroesmemorial.org. He also noted that the Illinois Jaycees Charitable Foundation is sponsoring Operation Guardian Angel, an event designed to create awareness of programs that engage the community for the benefit and support of military families. Tickets to this event are $50.00. He said he is looking for support and encouraged people to call the Woodridge Jaycees for more information.

Terri Brzezinski, 2219 Haddow Avenue, noted that the Council can meet via phone hookups. She asked if this opportunity could be offered to citizens as well as there are people who cannot attend the meetings but would like to make comments.

The Mayor said the meetings are broadcast live.

5. Public Hearings

6. Consent Agenda

COR00 -01846 Claim Ordinance: No. 5573, Payroll, February 4, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01847 List of Bills Payable: No. 5562, February 15, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01848 Bid: Award 2005 Heritage Festival Amusement Contract to Astro Amusement Company, Inc. Sponsors: Tourism and Events Commission A motion was made to Approve this file on the Consent Agenda. Indexes: Heritage Festival 2005

BID00 -01849 Bid: Award 2005 Heritage Festival Sound Contract to R.J. Recording Sponsors: Tourism and Events Commission A motion was made to Approve this file on the Consent Agenda. Indexes: Heritage Festival 2005

MOT00 -01850 Motion: Authorize 2005 Heritage Festival Entertainer Agreement Sponsors: Tourism and Events Commission Summary of Item: This will authorize execution of an entertertainer agreement between the Village and “The Temptations” in the amount of $20,000.00 for a performance as part of the Downers Grove Heritage Festival. A motion was made to Award this file on the Consent Agenda. Indexes: Heritage Festival 2005

BID00 -01851 Bid: Award Contracts to Louis Tailors and Menswear, and Holy Cow Sports for Fire Department Uniforms Sponsors: Fire Department A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Department – Uniforms

BID00 -01852 Bid: Award Contracts to Environmental Safety Group and Global Fire Equipment (MES) for Fire Department Protective Clothing and Equipment Sponsors: Fire Department Summary of Item: Environmental Safety Group – Coat, trousers, suspenders at $1,175.00 per set Global Fire Equipment (MES) Firefighting boots, gloves, helmets, rescue belt, goggles, glasses, shields, belts, hoods, rappel gloves A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Equipment, Miscellaneous, Fire Department – Uniforms, Fire Department Passed The Consent Agenda

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

7. Active Agenda

Commissioner Urban recused himself from items 00-01862, 00-01861, 00-01855, 00-01856, and 00-01858 as he is a lease holder in the CBD TIF District.

ORD00 -01862 Ordinance: Designate Community Bank of Downers Grove as a Depository for the Village of Downers Grove Sponsors: Finance Summary of Item: This will designate Community Bank of Downers Grove as a depository for the Village of Downers Grove.

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

ORDINANCE NO . 4646 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 Schnell, Commissioner Zabloudil and Mayor Krajewski Abstain: Commissioner Urban Indexes: Depository, Designating

RES00 -01861 Resolution: Authorize Execution of a Lease Agreement with Commuter Rail Division of the Regional Transportation Authority (Metra) Sponsors: Manager’s Office and Village Attorney Summary of Item: This will authorize a lease agreement between the Village of Downers Grove and the Commuter Rail Division of the Regional Transportation Authority (Metra) for the use of commuter parking spaces in the CBD Parking Deck.

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (METRA)

RESOLUTION 2005 -03 The Mayor said this agreement is to lease 250 commuter parking spaces to Metra for $1,875,000.00 for a 40-year term. 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 Schnell, Commissioner Zabloudil and Mayor Krajewski Abstain: Commissioner Urban Indexes: Central Business District – Parking Deck, Metra

ORD00 -01855 Ordinance: Abate a Portion of the 2004 Tax Levy Related to the General Obligation Bonds, Series 1999 Sponsors: Finance Summary of Item: This will abate the 2004 tax levy for the General Obligation Bond Series 1999 in the amount of $412,465.00.

AN ORDINANCE ABATING A PORTION OF THE 2004 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 1999

ORDINANCE NO . 4647 A motion was made by Commissioner Zabloudil to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Abstain: Commissioner Urban Indexes: Tax Levy Abatement

ORD00 -01856 Ordinance: Abate a Portion of the 2004 Tax Levy Related to the General Obligation Bonds, Series 2000 Sponsors: Finance Summary of Item: This will abate the 2004 tax levy for the General Obligation Bond Series 2000 in the amount of $409,268.76.

AN ORDINANCE ABATING A PORTION OF THE 2004 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2000

ORDINANCE NO . 4648 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 Schnell, Commissioner Zabloudil and Mayor Krajewski Abstain: Commissioner Urban Indexes: Tax Levy Abatement

ORD00 -01858 Ordinance: Abate a Portion of the 2004 Tax Levy Related to the General Obligation Bonds, Series 2002 Sponsors: Finance Summary of Item: This will abate the 2004 tax levy for the General Obligation Bond Series 2002 in the amount of $264,732.50.

AN ORDINANCE ABATING A PORTION OF THE 2004 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2002

ORDINANCE NO . 4649 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 Schnell, Commissioner Zabloudil and Mayor Krajewski Abstain: Commissioner Urban Indexes: Tax Levy Abatement

ORD00 -01865 Ordinance: Abate a Portion of the 2004 Tax Levy Related to the General Obligation Bonds, Series 2003A Sponsors: Finance Summary of Item: This will abate $400,000.00 of the 2004 tax levy for the General Obligation Bond Series 2003A. The 2004 tax levy for the General Obligation Bonds Series 2003A is $680,665.00 thereby leaving a balance of $280,665.00 to be levied.

AN ORDINANCE ABATING A PORTION OF THE 2004 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2003A Mayor Krajewski asked for a motion to abate a portion of the 2004 tax levy related to the general obligation bonds, Series 2003A. No motion was made. Indexes: Tax Levy Abatement

ORD00 -01866 Ordinance: Abate a Portion of the 2004 Aggregate Tax Levy Sponsors: Finance Summary of Item: This will abate the 2004 aggregate tax levy in the amount of $400,000.00.

AN ORDINANCE ABATING A PORTION OF THE 2004 AGGREGATE TAX LEVY Commissioner Schnell made a motion to abate a portion of the 2004 aggregate tax levy. It was not seconded. The motion failed for lack of a second. A motion was made to Failed this file. Mayor Krajewski declared the motion failed. Indexes: Tax Levy Abatement

ORD00 -01854 Ordinance: Abate a Portion of the 2004 Tax Levy Related to Fairview Avenue Debt Service Sponsors: Finance Summary of Item: This will abate the 2004 tax levy for the Fairview Avenue debt service in the amount of $270,570.00.

AN ORDINANCE ABATING A PORTION OF THE 2004 TAX LEVY RELATED TO FAIRVIEW AVENUE DEBT SERVICE

ORDINANCE NO . 4650 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 Zabloudil and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -01857 Ordinance: Abate a Portion of the 2004 Tax Levy Related to the General Obligation Water Bonds, Series 2001A Sponsors: Finance Summary of Item: This will abate the 2004 tax levy for the General Obligation Water Bond Series 2001A in the amount of $514,677.50.

AN ORDINANCE ABATING A PORTION OF THE 2004 TAX LEVY RELATED TO THE GENERAL OBLIGATION WATER BONDS , SERIES 2001A

ORDINANCE NO . 4651 A motion was made by Commissioner Zabloudil, 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 Zabloudil and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -01859 Ordinance: Amend the Future Land Use Map for the Village of Downers Grove Sponsors: Plan Commission and Economic Development Commission Summary of Item: At their meeting of January 17, 2005, the Plan Commission unanimously recommended adoption of an ordinance amending the Future Land Use Map.

AN ORDINANCE AMENDING THE FUTURE LAND USE MAP FOR THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4652 Commissioner Schnell asked that staff look at putting a sign up when these types of changes are being contemplated. She said when the requirement for signs on the affected parcels was passed in 1992 it was seen as another way to communicate with the public.

Mayor Krajewski asked for information as to what was done and who was notified.

Attorney Petrarca said this involves numerous parcels.

Commissioner Sandack noted that there is no zoning change. This is changing one section of the Future Land Use Map, the Ellsworth Park area, from O-R-M to commercial. The land use map is regularly changed as the Village evolves. He said that while a sign does not offend him, there have been many meetings regarding this and Council has discussed this matter as well. At least as much notice as is required has been made to the public.

Commissioner McConnell said this is an opportunity to have more communication with the public. She said she was not sure that the agenda included the detail that this would include the Ellsworth Park area. 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 Zabloudil and Mayor Krajewski Indexes: Future Land Use Plan

RES00 -01860 Resolution: Authorize Execution of an Agreement with Conservation Land Stewardship Sponsors: Manager’s Office Summary of Item: This will authorize an agreement between the Village of Downers Grove and Conservation Land Stewardship in the amount of $20,546.94 for landscape management of the restored areas along Lacey Creek.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND CONSERVATION LAND STEWARDSHIP

RESOLUTION 2005 -04 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 Zabloudil and Mayor Krajewski Indexes: Lacey Creek

RES00 -01817 Resolution: Authorize a Redevelopment Sales Tax Rebate Agreement with J.K. Pontiac, Inc. d/b/a Bill Kay Nissan Sponsors: Deputy Village Manager Summary of Item: This will authorize a redevelopment/sales tax rebate agreement with J.K. Pontiac, Inc. d/b/a Bill Kay Nissan.

A RESOLUTION AUTHORIZING EXECUTION OF A REDEVELOPMENT SALES TAX REBATE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND J .K. PONTIAC , INC. D/B/A BILL KAY NISSAN

RESOLUTION 2005 -05 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 Zabloudil and Mayor Krajewski Indexes: Economic Incentive – Bill Kay Nissan

ORD00 -01864 Ordinance: Amend Provisions regarding Motor Fuel Tax Payments Sponsors: Finance Summary of Item: This will amend certain policies concerning the submittal of Motor Fuel Tax payments and reports.

AN ORDINANCE AMENDING PROVISIONS REGARDING MOTOR FUEL TAX PAYMENTS

ORDINANCE NO . 4653 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 Zabloudil and Mayor Krajewski Indexes: Motor Fuel Tax

8. Mayor’s Report

Materials to be Received – Minutes

Environmental Concerns Commission – December 9, 2004 Joint Meeting – Plan Commission & Economic Development Commission – January 10, 2005 Library Board – January 12, 2005 & January 26, 2005 Liquor Commission – January 6, 2005 A motion was made 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 Zabloudil and Mayor Krajewski Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

Manager Ginex noted that the budget meeting held on Saturday, February 12 would be rebroadcast on Channel 6. Part 1 of the first three hours of the meeting will be rebroadcast on Wednesday, February 16. Part 2, the last three hours of the meeting, will be rebroadcast on Friday, February 18.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Public Safety Standing Committee

Commissioner McConnell said the Committee will meet within the next few weeks.

Public Services Standing Committee

Commissioner Schnell said the meeting scheduled for February 22 has been cancelled.

Finance and Administrative Services Standing Committee

Commissioner Sandack said an informal discussion was held regarding capital projects and funding. One of the items staff brought forth based upon comments from the Council is to dedicate a funding source including, but not limited to the Home Rule Sales tax. Dave Barber, Director, Public Works, is compiling a needs list to supplement other information he has provided regarding capital projects. Old business included a discussion of weekly disbursements and updating the refinancing of TIF bonds. He said recent refinancing has resulted in a $900,000 savings over the life of the TIF .

12.Council Member Reports and New Business

Commissioner McConnell said Character Counts Coalition met last week. She said they are still looking for nominations on the Goodness Counts Awards Program. They will focus on athletes. The next meeting is March 9, 2005. She said the Partnership for Healthier Communities also met last week. She distributed to the Council a brochure, Everyday Choices for a Healthier Life, which is a joint publication of the American Cancer Society, the American Diabetes Association and the American Heart Association about how to live a healthier life. She described some of the initiatives including Walk DuPage. She said information regarding the results of the asset survey will be presented by the Human Services Commission to the Council next week. One of the issues discussed has to do with transportation and the needs of seniors and disabled. This will be discussed at the April meeting.

Commissioner Schnell said the next Coffee with the Council will be held on Saturday, February 19 at the Indian Boundary YMCA , 711 59th Street, at 9:00 a.m. She noted that today is Commissioner Sandack’s birthday.

Commissioner Sandack said the next budget discussion will take place on Tuesday, March 8 when the Transportation fund will be on the agenda. He urged residents to participate.

Mayor Krajewski he cannot make or second motions as Mayor. He said he would have seconded the motion regarding the ordinance abating $400,000.00. He said he and Commissioner Tully voted against the increase in the tax levy in December. He noted that while the reserves have been spent down, the plan is to add $900,000 to the reserves this year and the Council will be able to exceed this amount due to a projected surplus of $2.7 million. He said the discussions on the 2005/06 budget show a projected surplus of $2.1 million. He said there is no real need for the $400,000 in next year’s budget, and he does not feel it is right to collect it at this time. There may be a need for additional funds in the future and the Council could levy taxes at that time. He reiterated that he would have voted to abate $400,000.00.

13. Adjournment

Commissioner McConnell moved to adjourn to Executive Session pursuant to Section 2©(6) of the Open Meetings Act to consider setting a price for sale or lease of property owned by the Village. Commissioner Schnell seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:12 p.m