April 16, 2002

1. Call to Order

Mayor Brian Krajewski called the regular meeting of the Village Council of the Village of Downers Grove to order at 6:30 p.m. in the Council Chambers of the Downers Grove Village Hall.

Pledge of Allegiance to the Flag

Mayor Krajewski led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Michael Gilbert, Commissioner Thomas Sisul, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Absent: Village Clerk April Holden Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and Deputy Village Clerk Linda Brown

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 – April 2, 2002 Workshop Meeting – April 9, 2002 Commissioner Tully gave two corrections to the Village Clerk. There being no further additions or corrections to the minutes, Mayor Krajewski said they would be filed with the corrections noted.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

Jim Lundberg, 5514 Lomond Avenue in unincorporated Downers Grove, said he presented a petition to the Council last December on behalf of the residents of unincorporated Downers Grove north of Maple, west of I-355, and south of Inverness. They have no water infrastructure. Their wells are contaminated over three times the legal limit. He said they asked to annex to the Village under the same conditions as their neighbors south of Maple. Mr. Lundberg said he spoke with Dave Conley who told him to submit a petition to the Village for annexation. Mr. Lundberg said he went door to door to obtain signatures for the petition. He said they were quoted $2855.00 versus approximately $13,000 to have DuPage County put in the infrastructure.

Mr. Lundberg said several of his neighbors are suffering from very serious illnesses, and he knows that some wonder whether the contaminated water may have contributed to these diseases. He said he was disappointed to read Commissioner Gilbert’s statements that people in his (the contaminated) area are looking to spend money that belongs to the residents of Downers Grove. Mr. Lundberg said that the residents of Downers Grove have been spending their money for a long time. Of the 900,000 residents of DuPage County, 104,000 are in unincorporated DuPage County. About 40% of the assessed land valuation is unincorporated. If grouped together, unincorporated residents would be the largest municipality in DuPage County. He said when he shops he pays 1/4 of 1% sales tax which goes to the DuPage Water Commission. The Commission’s tax levy has generated $18.5 million. Of the Commission’s surplus rebate of $66.3 million dollars to the charter customers, some of that money belonged to the unincorporated residents.

Mr. Lundberg said that the source of their contamination is in Ellsworth Industrial Park, where the Village’s Public Works facility is located. The Village has received $353,693 in taxes over numerous years from one of the sources of contamination.

Mr. Lundberg said in speaking with neighborhood residents, he has seen letters sent to the elderly from real estate developers attempting to frighten them to leave their homes and sell them to developers. He said the developers would be welcomed into Downers Grove with open arms and city sewers, drainage and water. Mr. Lundberg said his residents have worked on a drainage project for seven years with DuPage County, only to have it rejected by the Downers Grove Public Works Department. He said that Mr. Conley told him it was rejected because it was not in the Future Land Use Plan of the Village, and their area would some day be townhomes. Mr. Lundberg stated that Downers Grove’s attempts to extend their tax base and their personal political fiefdoms has preyed upon his neighborhood. Part of the corporate tax base has contaminated their water supply. He asked how the Council dares paint itself as a whipping post. He said the unincorporated residents effected will not be the Village’s whipping post any longer. They are good neighbors, loyal citizens and taxpayers and he suggested that the Council think hard and come clean with the residents regarding how much of the taxpayers’ money they will spend to fight these residents with attorneys and lobbyist costs.

Mr. Lundberg said that he has lived four blocks from Downers Grove for 15 years and has participated in numerous activities with residents of the Village in school, religious and athletic events. He said the residents of the contaminated area may not be able to vote in Village elections, but he said that the Council should not underestimate their influence. Infrastructure projects are not pretty projects, like water parks and swimming pools, but they are quality of life and health projects.

Mr. Lundberg said that with regard to their area being annexed to the Village in five years instead of twenty years, why should they pay the same rate without sewer, without curbs, without sidewalks and without street lamps. They do not want to continue to further subsidize Downers Grove. He said that the Council should look at the redundancy of the local government.

The Mayor said he agreed that the taxes are unfair, and the Village does not always get their fair share either. The amount they receive is based upon the number of residents in each community. He said that the residents of the Village also have their own 911 system which runs about $1 million per year. The money paid on the telephone bills for emergency systems does not go to the Village but goes to the County.

Mayor Krajewski said that the Water Commission built into its system the 1/4% sales tax years ago when they installed the system to allow for future growth and expansion. The Mayor said that in addition, most municipal well water would have been dry today if the conversion to Lake Michigan water had not been made.

The Mayor then referred to the five-year annexation, stating that the Village did not have that area in its Future Land Use Plan. Currently the charter customers are trying to work into bringing an infrastructure into the contaminated areas. He said that some municipalities have other interests to annex other areas. Downers Grove is landlocked. He noted that all 23 charter customers are working to come up with a solution for a number of other unincorporated contaminated areas. He noted that Elmhurst was one of the municipalities wanting Lake Michigan water because some of their own wells were contaminated. He added that there were also oil leaks which were the source of contamination in St. Joe’s Creek. The Mayor said they will probably continue to find a number of contaminated areas, work is being done with the ILEPA and the USEPA to find a solution. USEPA has 12 test sites established, and they have expressed their appreciation to the Village staff for providing records of areas under investigation. The Mayor said the Council is working with engineers to determine costs for installation of the infrastructure.

Mayor Krajewski said that five Council members were in Springfield meeting with leaders of both houses trying to arrive at some type of solution to the problem. That item has been also placed on the DuPage Mayors and Manager’s Agenda. He said that there will be another meeting on the Water Commission this week. He represents District 3 on the Water Commission. The Mayor said he did not know what the status of the petition is at this time, but he understood that the residents wanted to have the petition withdrawn.

Christine Fregeau, 1918 Elmore, said that on Friday, April 5th a paid advertisement was placed in the Downers Grove Reporter which referenced a proposed sidewalk installation with revenue sources and costs for the project. The figures for the estimated costs are a matter of public record as they were presented to the Council by the Public Works staff this past winter. She said that the project has yet to go out for bid, which means the numbers are not final. Ms. Fregeau said the figures in the ad were grossly inaccurate and inflated by $50,000. She said that Finance Director Lyons told her that the sidewalks in the Village are funded by the telecommunications and utility taxes paid for by both businesses and residents.

Ms. Fregeau said other allegations in the ad were made which were misleading and represented blatant misperceptions by a number of “Concerned Citizens” regarding a flower called the Blue-eyed Mary. It was indicated that the flower was in peril because of proposed actions on the part of the Village for a narrow strip of sidewalk adjacent to the road in the public right-of-way on the other side of developed residential property. She noted that the Blue-eyed Mary is not rare, threatened or endangered and has been eliminated from all risk lists of the State. She said the area in question is far from pristine. The project will be installed as much as 500’ away from the edge of the Forest Preserve, adjacent to the road, at the end of private driveways that are paved with concrete or asphalt. She had copies of letters from the Forest Preserve and the Morton Arboretum that dispute the information in the advertising. She then quoted the letters from Kathy Hesik of the Maple Grove Forest Preserve and the Doris Taylor of the Morton Arboretum.

Ms. Fregeau said that $600 was spent for the ad by a small group of property owners. She said that the money could have been spent planting or donated to Maple Grove. She said the ad was an insult to the Council and staff who have spent an inordinate amount of time to address the needs of the residents of the community. She said that this project serves the present and future needs of the community, and not the limited interest of a minority of users. Lee Avenue is not a private road and is ranked #8 on the sidewalk matrix evaluated by the Village. The community depends upon the good judgment of the Council to better their neighborhood as a whole. Negativity and controversy are more newsworthy, however. She thanked the Council for their efforts to make the area safer and more walkable.

Mayor Krajewski said that the staff spends a lot of time to get the correct information out to the public such as the website and newsletter. He said that since they went to the e-newsletter, they had 900 residents signed up to receive that newsletter. He then explained how residents can obtain the correct information from the Village.

Commissioner Sisul said it is unfortunate that citizens groups feel compelled at times to present issues with less than accurate information.

Mayor Krajewski said that the Manager makes himself available to meet with the press, as do Council members to respond to any questions they may have regarding information they may have received regarding Village business.

Mr. Jim Lundberg said he wanted to clarify that the annexation petition has been put on hold for the time being, since the issue is in such a state of flex. Nothing has happened since December. He is not comfortable with withdrawing the petition without approval from the signed residents.

The Mayor said it appeared that they were coming close to an agreement.

The Mayor noted the presence of a Boy Scout in the audience. The Scout said he resides at 7433 Webster Street and attended O’Neill School. He is with Troop #35 of Bolingbrook and is working on his citizenship badge. He has about 15 badges, and the Mayor gave him a Village pin and he could also bring a Village flag to his troop meetings.

5. Public Hearings

6. Consent Agenda

COR00 -00867 Claim Ordinance: No. 5425, Payroll, April 5, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -00868 List of Bills Payable: No. 5426, April 16, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -00870 Bid: Award $25,998.00 to Carmax for 2001 Ford Expedition XLT Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works – Equipment

BID00 -00875 Bid: Award Health Insurance Contracts for the Administration of the Village’s Benefit Programs for FY 2002 -03 Sponsors: Human Resources Summary of Item: This is to award one-year contracts with the following companies to become effective May 1, 2002:

Humana, Inc. (Health Insurance Program Administration) for an estimated annual cost of $172,796.00. Humana, Inc. (Specific Stop Loss Insurance) for an estimated annual cost of $223,574.00. Delta Dental Plan of Illinois (PPO Dental Program) for an estimated annual cost of $8,844.00. National Insurance Services (Life/Accidental Death & Dismemberment Insurance) for an estimated annual cost of $61,461.00. Fortis, Inc. (Long Term Disability Insurance) for an estimated annual cost of $47,340.00. Health Plan Management (Flexible Benefits Progrm) for an estimated annual cost of $12,500.00. Creative Care Management (Employee Assistance Program) for an estimated annual cost of $17,268.00.

Overall costs total $543,783.00. This represents an overall increase of approximately 18.6% over last year’s costs. A motion was made to Approve this file on the Consent Agenda. Indexes: Insurance – Health, Employee

BID00 -00877 Bid: Award Contracts for Village’s Excess General & Auto Liability, Property and Workers Compensation Insurance for FY 2002 /03 Sponsors: Human Resources Summary of Item: Award the following Insurance Renewals for FY 2002 /03:

• $100,000 to Excess Liability (SIRPRO/Kemper) for General & Auto Excess Liability
• $40,000 to North River Insurance Co for Excess Liability (Commonwealth)
• $50,000 to Market Group/Evanston Insurance Co. for Excess Liability
• $32,900 to Travelers Insurance Co. for property insurance
• $1,984 to AIG Insurance Co. for crime insurance
• $60,991 to Safety National Insurance Co. for Worker Compensation
• $15,000 for broker fee

A motion was made to Approve this file on the Consent Agenda. Indexes: Insurance – Risk Management

BID00 -00879 Bid: Letter of Agreement with Claude H. Hurley Company re: 2001 & 2002 Water Main Improvements Indexes: Geotechnical Engineering, Water Main Improvements

BID00 -00880 Bid: Letter of Agreement with Claude H. Hurley Company re: Fairview Avenue Traffic Signal Interconnect Sponsors: Public Works Indexes: Geotechnical Engineering, Fairview Signals

BID00 -00881 Bid: Letter of Agreement with Claude H. Hurley Company re: Roadway Improvements, Valley View Estates Sponsors: Public Works Indexes: Geotechnical Engineering, Roadway Improvements Passed The Consent Agenda

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

7. Active Agenda

ORD00 -00871 Ordinance: Amend the Boundaries of the Concentrated Business District Sponsors: Zoning Commission Summary of Item: At their meeting of February 21, 2002, the Zoning Commission unanimously recommended the adoption of this ordinance which will amend the boundaries of the Concentrated Business District to include properties on the east side of Forest between Franklin on the north and Warren on the south.

AN ORDINANCE AMENDING THE BOUNDARIES OF THE CONCENTRATED BUSINESS DISTRICT

ORDINANCE NO . 4395 Commissioner Zabloudil said that a number of issues were raised in discussion last week. There is a task force looking at the special needs of the area. He said thought adding it to the downtown was a natural fit. There are no development plans.

Commissioner Schnell commented that she now better understands the history of the area. She would be in favor of this with a caveat for future development that if and when future redevelopment occurs, the developer provide some type of greenspace on Franklin as a transition to the area to the north.

The Mayor said that there area a number of residents across the street as well. Commissioner Schnell said that the residents to the north are single-family residential as opposed to multi-family. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Zoning Ordinance – Concentrated Business District

ORD00 -00872 Ordinance: Amend Certain Provisions of the Downers Grove Zoning Ordinance re: CBD Redevelopment Projects Sponsors: Zoning Commission Summary of Item: At their meeting of March 14, 2002, the Zoning Commission unanimously recommended the adoption of this ordinance which will make certain amendments to the Zoning Ordinance and establish certain provisions as they relate to CBD Redevelopment Projects.

AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE DOWNERS GROVE ZONING ORDINANCE REGARDING CBD REDEVELOPMENT PROJECTS

ORDINANCE NO . 4396 A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District, Zoning Ordinance – Concentrated Business District

ORD00 -00873 Ordinance: Rezone 4244 Florence Avenue from R-1 to B-3 Sponsors: Zoning Board of Appeals Summary of Item: At their meeting of February 27, 2002, the Zoning Board of Appeals recommended 3:2 that the property commonly known as 4244 Florence Avenue be rezoned from R-1 Single Family Residence District to B-3 General Services & Highway Business.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, PASSED AND APPROVED APRIL 19 , 1965, AS AMENDED , TO REZONE 4244 FLORENCE AVENUE (R-1 to B-3)

ORDINANCE NO . 4397 Commissioner Schnell said the resident to the north was present last week who was negotiating with Luxury Motors and she asked if that has been resolved.

Mr. James Russ said they have come to terms; however, the contract has not yet been signed. There was confusion as to the resident in question, and Mr. Russ said that was Mr. Novak who has represented some of the neighbors, and they have come to a resolution with Luxury Motors.

A resident wished to speak and the Mayor asked whether the Council agreed to hearing the resident at this time. The Council agreed.

Commissioner Tully said he thought Mr. Schalk said he was against this issue.

Ms. Hampton, 4227 Florence Avenue, said that Mr. Novak took it upon himself to speak with Luxury Motors about the pine trees. She knew nothing about it. She is not opposed to having the trees, but she is opposed to the amount of Ordinances they continually break and are allowed to break. She said there are cars parked illegally right now, and they continue to wash their cars near the drains. Ms. Hampton said that Ms. Schalk said they have not agreed with Luxury Motors either. Ms. Hampton said Luxury Motors has no respect for the residents, for Downers Grove or for its Ordinances. The only time they are cooperative is when they are trying to get something through the Village. She was opposed to granting this rezoning because they are not good neighbors. She said she no longer wants to live on that street. There are seven houses on their street with about ten children under the age of 14. Cars are test-driven up and down their street because it’s a dead end street.

Commissioner Tully commented on Ms. Hampton’s comments. He said this was discussed last week at Workshop regarding the rezoning and the conduct of the petitioner. He said the issue of whether the zoning is proper to the site is not based upon the conduct of the petitioner. Commissioner Tully said that when Mr. Novak was present he did not speak as a critic of the request. Commissioner Tully said that they have to focus on the zoning decision. He explained that a number of years ago the Future Land Use Plan done for the Ogden Avenue Corridor determined that many of the lots along Ogden Avenue do not fit with current modern use, because they are too shallow. Therefore, a number of residential properties are potentially shown as being used for expansion of business uses to assist in revitalizing the appearance of Ogden Avenue. The subject lot and the lot to the north are both in the Future Land Use Plan for potential commercial use, as is the lot directly across the street on the east side of Florence. The purpose is not to put in a new business, but to encourage the expansion of the existing businesses to contribute to the overall aesthetic and vitality of Ogden Avenue. Commissioner Tully said this request is not unique to this petitioner. He said he hopes that Luxury Motors will address the issues that have been raised regarding the neighbors’ complaints.

The Mayor reiterated that Mr. Novak is in favor of this request, and Ms. Hampton has requested that this not be approved.

Commissioner Schnell said her main concern is that if they are basing decision on the Future Land Use Plan, there is another petition regarding rezoning a parcel on Fairview to business, which is adjacent to residential. She said the Future Land Use Plan is a good plan but is a guide and she doesn’t think it is vital. In a situation such as this where they are beginning to intrude into a residential area, she feels they need to look at this carefully. She said this is not the best thing for the neighborhood. She said she is not getting a clear understanding that the neighbors want this or that this is best for the neighborhood.

Commissioner McConnell said it is unfortunate that this issue has been muddied by behaviors, and there have a number of character pillars that may have been violated, particularly good citizenship and respect and responsibility. She hoped that Luxury Motors will do things in the proper order, such as getting permits before doing the work and continuing to work on becoming better neighbors and citizens. She would like to see some creative solutions for the problem and asked that everyone take a step back and be amenable to compromise.

Commissioner Gilbert said he agrees that they cannot hold back the petition based upon the petitioner’s behavior. He’s concerned about the repeated violations by this petitioner and asked that the Manager ask Code Enforcement and the Police Chief to prepare a report giving the history of what has occurred at that site He said it is obvious that the laws are not being followed.

Mayor Krajewski said that staff had indicated that the violations had decreased. He said the owners of Luxury Motors need to take care of the pine trees on a timely basis since they continue to drop the cars off. The Mayor said he wants to see these things done in a timely fashion. It seems as though it has taken the petitioner some time to comply with the Village ordinances and requirements.

Commissioner Gilbert said it has taken a lot longer to comply than it should have taken.

Commissioner Tully said that if they are going to discuss compliance with the law, perhaps they should look at other mechanisms to create increasing penalties and require that owners follow the ordinances. The objective is to enhance the vitality and aesthetic of the community, however, if the businesses are not going to comply, the Village should begin consideration of progressive fines.

The Mayor agreed that staff should look at consideration of establishing fines.

Commissioner McConnell said that fines do not always do the trick, and perhaps they should also consider issuing business licenses.

Commissioner Zabloudil said those were his thoughts as well. It is important to document activity levels and who is managing the property and is accountable for what is being done.

Commissioner Sisul reiterated Commissioner Tully’s statement regarding keeping in mind that the design of the Ogden Avenue Future Land Use Plan was to address the blight along that roadway. He said that the Village has to look at the zoning issue separately, and other matters have to handled under ordinance enforcement.

Commissioner Schnell said in this situation she believes Luxury Motors wants to increase their parking capability which is not advantageous to the people to the north. Her concern is that if they spoke to most of the residents abutting Ogden Avenue they may not be aware that two lots away from their home could be made commercial. She said they need to do a better job of informing the residents of what possibilities there are for expanding the commercial zoning district. She said that years ago when she was on the Zoning Commission, they held meetings in those neighborhoods to discuss the situation for people abutting the commercial area. She said this was as far back as 1981 or 1982. Some of those people may not even still live there. She said perhaps the Boards and Commissions can address this issue of how to inform the residents of the potential changes that could occur.

The Mayor asked if there were neighborhood meetings with the Lakota Plan. Commissioner Sisul said they had hearings on every section of Ogden Avenue individually. He said it was in about 1992 or later with subsequent hearings. He said that this area has been a primary concern to residents and surveys have shown that people have had many objections to how Ogden Avenue has developed.

Commissioner Gilbert said the Future Land Use Plan is part of the issue. It is a public document and is available, but even with that, these things can be overturned by court order. He noted that in staff’s memo, it points out that the M&M Orthopedics building was on a site that was zoned residential and rezoned by a court order.

Commissioner Tully asked if the Future Land Use Plan for Ogden Avenue has ever been recorded. Commissioner Gilbert said it has to be recorded as the Village has an obligation to do that. Commissioner Sisul said that the Future Land Use Plan is for the entire Village and not just Ogden Avenue. A motion was made by Commissioner Zabloudil to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Nay: Commissioner Schnell Indexes: Rezone 4244 Florence – R-1 to B-3

RES00 -00874 Resolution: Lot Split with Flag Lot at 4517 Roslyn Road Sponsors: Plan Commission Summary of Item: At their meeting of March 5, 2002, the Plan Commission unanimously recommended that a lot split with a flag lot be granted for 4517 Roslyn Road.

A RESOLUTION APPROVING LOT SPLIT WITH A FLAG LOT FOR THE PROPERTY AT 4517 ROSLYN ROAD

RESOLUTION 2002 -35 Commissioner Zabloudil thanked the members of the Council for agreeing to the 180 day moratorium on the flag lots. He does not support this petition.

Commissioner Tully said he will make his decision on the current ordinance. He said there are two factors to consider which are totally subjective. First, with respect to whether it is consistent with the trend of new development in the neighborhood, he cannot find that it would be. Secondly, the exception cannot be consistent with the essential character of the locality, and therefore he cannot support the petition.

Commissioner Gilbert said he cannot support the petition for the very same reasons already stated by Commissioners Zabloudil and Tully. He said flag lots are disruptive, change the character of the neighborhood and he cannot support them.

Commissioner McConnell said she has yet to hear anything to persuade her to take this right away from the residents. She will vote in favor of this.

The Mayor said he hoped this will be the last flag lot before them. He said the criteria is subjective, however, he sees that four have already been approved by prior Councils, and he cannot distinguish this from the others. If her were to vote No and not approve this, some court would allow it. Therefore, based on the precedents set by other Councils, he will vote in favor of it, but hopes this is the last time he has to do that. A motion was made by Commissioner Schnell to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Schnell and Mayor Krajewski Nay: Commissioner Gilbert, Commissioner Tully and Commissioner Zabloudil Indexes: Lot Split, Flag Lots

RES00 -00878 Resolution: Authorize Execution of an Agreement for Engineering Services with Claude H. Hurley Company Sponsors: Public Works Summary of Item: This will authorize execution of an agreement for certain geotechnical engineering services with Claude H. Hurley Company.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE VILLAGE OF DOWNERS GROVE AND CLAUDE H . HURLEY COMPANY

RESOLUTION 2002 -36 A motion was made, seconded by Commissioner Tully, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Geotechnical Engineering

ORD00 -00796 Ordinance: Amend Traffic Regulations at the Intersection of Belmont Road and Prairie Avenue Sponsors: Parking & Traffic Commission Summary of Item: This will amend traffic regulations at certain intersections designating them “No Turn on Red” when pedestrians are present.

AN ORDINANCE AMENDING TRAFFIC REGULATIONS AT CERTAIN INTERSECTIONS

ORDINANCE NO . 4398 A motion was made by Commissioner Tully, seconded by Commissioner Sisul, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: No Turn on Red – Prairie & Belmont

ORD00 -00882 Ordinance: Amend Section 17-30 of the Downers Grove Municipal Code re: Examination Procedures for Police and Fire Employment Positions Sponsors: Human Resources Summary of Item: This will amend provisions related to examination fees charged to applicants for fire and police department positions.

AN ORDINANCE AMENDING SECTION 17 -30 OF THE DOWNERS GROVE MUNICIPAL CODE REGARDING EXAMINATION PROCEDURES FOR POLICE AND FIRE EMPLOYMENT POSITIONS

ORDINANCE NO . 4399 A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Geotechnical Engineering

ORD00 -00865 Ordinance: Adopt Fiscal Year 2002/03 Budget Sponsors: Finance Summary of Item: This adopts the fiscal year 2002/03 budget in lieu of an appropriation ordinance. As provided by law, proper notice has been given, the budget has been available for inspection for at least ten days, and a public hearing was held on April 2, 2002.

AN ORDINANCE ADOPTING THE FISCAL YEAR 2002 /03 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE

ORDINANCE NO . 4400 A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Budget 2002/03

8. Mayor’s Report

Materials to be Received – Minutes

Economic Development Commission – March 13, 2002 Library Board – March 27, 2002 Ogden Avenue Committee – September 19, 2002 & January 17, 2002 Parking & Traffic Commission – March 13, 2002 Plan Commission – March 5, 2002 Public Service Committee – February 18, 2002 & March 11, 2002 Stormwater and Flood Plain Oversight Committee – March 13, 2002 Zoning Commission – March 14, 2002 A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski

New Business

Proclamations:

The Mayor proclaimed April 26, 2002 as Arbor Day in the Village and encouraged residents to care for their trees.

The Mayor proclaimed April 21-27, 2002 as Volunteer Week in the Village of Downers Grove. He thanked all the residents who contribute their time and volunteer for the Village Boards and Commissions. He said he has seen an increase in membership for community organizations.

The Mayor proclaimed the week of April 14-20, 2002 as Telecommunicators Week in the Village of Downers Grove.

The Mayor proclaimed April 20, 2002 as Cammi Granato Day in the Village.

Mayor Krajewski said that on Saturday, the Downtown Downers Day tribute to the Heroes of the Red, White and Blue will begin with a parade at 10:00 a.m. honoring Cammi Granato along Main Street from Maple to the train station. There will be a ceremony beginning at 10:30, followed by a tour of the Tivoli, an antique fire truck pull fundraiser for the Special Olympics, an autograph signing by Ms. Granato, a recitation of the Gettysburg address, a tribute to the American Theater, and other entertainment including trolley rides and an arts and crafts show at Fischel Park.

The Mayor then congratulated Eric Tran of North High School on receiving his Eagle Scout Badge on Sunday. His community project was Belmont Prairie, and he belongs to Troop #80 at the American Legion.

Mayor Krajewski then thanked the Council members who traveled to Springfield on behalf of the Village. Many Village issues as well as County issues were discussed. He said that while they were there, the O’Neill Junior High 7th and 8th grade orchestra performed in the Capital building. They were also recognized on the house floor by Senator Patti Bellock. He said they did a wonderful job.

The Mayor said that District 58 is celebrating their 100th anniversary with a celebratory breakfast on Friday.

Materials to be Placed on File

9. Manager’s Report

10. Attorney’s Report

Future Active Agenda

ORD00 -00373 Ordinance: Refund of GO Bonds Series 1996 and 2000 Sponsors: Finance Indexes: General Obligation Bond – Refund

11. Committee Standing Reports

Finance Committee

Commissioner McConnell said they met this evening and spent the time discussing GASB -34 and preparations for compliance with it. She said Mr. Lyons and staff has prepared a timetable that must be met to stay in good standing with the Village’s financial organizations. She noted that there is a bluebook that has been prepared to assist the Village. She explained some of the responsibilities the Village will have. Mr. Lyons will be going to the Technology Committee to seek their help with the changes. Commissioner McConnell said that the keys are going to be making decisions on capital policies and public works activities as well. She said there will be a lot of work over the next couple of months to work toward the future of the Village’s financial viability. She noted that there is a potential the Village may have to seek some outside help, and there are funds budgeted for that purpose.

Commissioner Zabloudil added that they should obtain more information on how to make the necessary modifications. He said the real benefit will be the ability to look at specific attributes and formats. This is not just a replacement but is upkeep and maintenance.

12. Council Member Reports and New Business

Commissioner Sisul announced that the Downers Grove Lions Club Open House and Founders Day celebration will. be held on Saturday, April 20 from 10:00 a.m. – 2:00 p.m. This will be a celebration of their 75th anniversary. He said there will be refreshments, as well as a raffle and continuous video. He said the Lions Club has been a very active group in this community, noting that they contributed the clock at the train station. They are involved in numerous other charitable activities.

Commissioner Sisul said he met with Dick Mochel today. Mr. Mochel said he thought the Council agreed too much. The Commissioner said one reason they do agree is because the staff provides the Council with enough information so they are informed and can agree.

The Mayor agreed that many votes are unanimous because staff begins the process, provides the information and holds public hearings in advance. Many issues come out that are modified and changed. Usually, by the time the issue reaches the Council all of the issues have been addressed and ironed out.

Commissioner McConnell reiterated Commissioner Sisul’s comments regarding the Lions celebration on Saturday, and encouraged residents to attend.

Commissioner Tully said that he, Commissioner Gilbert and Jack Bajor attended meetings in Springfield with representatives of ILEPA . All owners and operators of separate storm water systems have to apply for a permit no later than March 2003 to comply with the Federal Clean Water Act safety requirements. The ILEPA has prepared a draft permit for discharges from small stormwater release sewer systems. He said that many organizations and municipalities were present at the meeting. He believes a better draft ordinance will be prepared as a result of the meeting. He said that Mr. Bajor sent in Downers Grove’s specific comments as well. He pointed out that the ILEPA made it absolutely clear that it is absolutely permissible for owners of separate stormwater systems to meet one or more of the minimum control measures by piggy-backing on the efforts of other municipalities or counties.

Commissioner Tully then addressed the meeting held by the Stormwater and Floodplain Oversight Commission who voted to table the issue of a Stormwater Utility for an indefinite period of time until the Council decides whether it wants to form an exploratory stormwater task force.

Commissioner Tully said he was looking forward to seeing everyone at the festivities in the downtown on Saturday.

The Mayor asked the Commissioners to review the resumes for the Boards and Commissioners.

13. Adjournment

Commissioner Sisul moved to adjourn to Executive Session pursuant to Section 2©(5) of the Open Meetings Act to consider purchase of property and pursurant to Section 2©(11) to consider litigation matters. Commissioner Gilbert seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 8:12 p.m