July 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 Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and Village Clerk April Holden

Mayor Krajewski said he would like to remind everyone present that the Council meeting is broadcast over the local FM radio station, WDGC . In addition, a tape recording and videotape of the meeting are being made using Village owned equipment. The videotape of the meeting will be used for later rebroadcast of the Council meeting over the Village cable television Channel 6.

The Council will follow the rules of conduct for this meeting as provided in Sec. 2.5 of the Downers Grove Municipal Code. These offer the public the opportunity to comment at several points in the meeting. First, immediately following approval of the minutes of the past meetings, an opportunity will be given for public comments and questions on the active agenda items for this evening’s meeting. Following this, an opportunity is given for public comments and questions on any subject. Finally, if a public hearing is scheduled for this meeting, an opportunity is given for public comments and questions related to the subject of the hearing.

The Mayor stated that at the appropriate time the presiding officers will ask if there are any comments from the public. If anyone wishes to speak, the individual should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name and address. He stated that remarks be limited to five minutes, and asked that individuals refrain from making repetitive statements.

The Mayor said there are agendas located on either side of the Council Chambers, and he invited the audience to pick up an agenda and follow the progress of the Council meeting.

3. Minutes of Workshop and Council Meetings

Executive Session Minutes for Approval Only – June 4, 2002, June 17, 2002, June 18, 2002 and June 19, 2002 Council Meeting – July 2, 2002 Workshop Meeting – July 9, 2002 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

Recognition

Mayor Krajewski presented an award to Walter Wlodeck in recognition of his service on the Plan Commission. He said Mr. Wlodeck served on the Plan Commission from 1984 – 2002 and thanked him for his years of service to the Village of Downers Grove.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Linda Kunze, Manager, Downtown Management Corporation, thanked Attorney Enza Petrarca and Assistant to the Village Manager, Mike Baker, for their work on the newsbox ordinance. She remarked that considerable thought went into this ordinance.

B. Comments and Questions on General Matters

Shereen Mikhael said she was a legal advocate at the Citizens Advocacy Center in Elmhurst. She gave background on the Center saying it teaches citizens on how to work with local government. Ms. Mikhael said she was present on behalf of several residents who came to the Center expressing their frustration with the current procedures on passing resolutions and ordinances under the agenda item of new business. She said this is a procedural problem many local bodies in Illinois have, trying to balance between effectively continuing business in a consistent matter and trying to assure that public notice is made to allow citizens to effectively participate in the process. Ms. Mikhael said that in February 2002 the case of Rice v. Board of Trustees of Adams County was before the Illinois Appellate Court and the Court decided that the use of the term New Business on a required Agenda was not sufficient notice for the public to effectively come in and participate; therefore, resolutions could not be introduced in a meeting and voted upon in the same meeting without more specific notice. She reviewed the Council’s agendas over the past six months, and in ten meetings sixteen ordinances or resolutions were items brought up under New Business or were decided by waiving the one-week waiting period. In addition, in three of the meetings five ordinances were passed without any notice to the public at all. She further noted that in five Workshops in the last six months ordinances and resolutions were adopted as well. Ms. Mikhael said this appears to be a common practice in this municipality, and the Center is bringing this to the Council’s attention so they may appropriately revise their procedures. She thanked the Council for their attention.

Commissioner Tully asked for the cite for the case, and she responded that it was 762NE Reporter, 2ed. 1205.

The Mayor said he knew the Village staff continues to look at how other communities conduct their meetings. He explained that the procedures were changed about two years ago from weekly Council/Workshop meetings that provided insufficient time for staff presentation and public participation, to a schedule of alternating Council and Workshop meetings each week which has resulted in hundreds of more hours of public participation in the meeting process. With the addition of subcommittees, there are further opportunities for the public to meet with Council members and provide input.

5. Public Hearings

6. Consent Agenda

COR00 -00999 Claim Ordinance: No. 5437, Payroll, June 28, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01000 List of Bills Payable: No. 5438, July 16, 2002 Sponsors: Accounting Commissioner Gilbert questioned items VE 739 and DU 178 . A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

COR00 -01001 Claim Ordinance: No. 5439, Payroll, July 12, 2002 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 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

RES00 -00994 Resolution: Authorize Agreement with ComEd for Under grounding of Overhead Facilities for CBD Parking Deck Sponsors: Public Works Summary of Item: This will authorize execution of an agreement between the Village and ComEd for work related to the undergrounding of utilities in the parking deck.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND COM ED

RESOLUTION 2002 -69 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: Central Business District – Parking Deck

RES00 -00995 Resolution: Authorize Agreement with Ameritech for Under grounding of Overhead Facilities for CBD Parking Deck Sponsors: Public Works Summary of Item: This will authorize execution of an agreement between the Village and Ameritech for work related to the undergrounding of utilities in the parking deck.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND AMERITECH

RESOLUTION 2002 -70 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 – Parking Deck

RES00 -00996 Resolution: Authorize Agreement with AT&T for Under grounding of Overhead Facilities for CBD Parking Deck Sponsors: Public Works Summary of Item: This will authorize execution of an agreement between the Village and AT&T for work related to the undergrounding of utilities in the parking deck.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND AT&T

RESOLUTION 2002 -71 A motion was made by Commissioner Zabloudil, seconded by Commissioner Schnell, 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 – Parking Deck

ORD00 -00607 Ordinance: Establish Permits for Newspaper Dispensing Devices in the Village of Downers Grove Sponsors: Manager’s Office and Village Attorney Summary of Item: This will establish permits and set forth regulations for Newspaper Dispensing Devices on Village property.

AN ORDINANCE ESTABLISHING PERMITS FOR NEWSPAPER DISPENSING DEVICES IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4430 Commissioner Tully asked about procedures for unclaimed property wherein the newsbox owner loses title to the newsbox. Attorney Enza Petrarca said that the notice fulfills the due process requirement. She said they can be treated the same way as property that is auctioned off by the Police Department. A motion was made by Commissioner Schnell 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: News Box Ordinance

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – June 12, 2002 & June 26, 2002 Public Services Committee – June 4, 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 Materials to be Received – Monthly Reports

New Business

Mayor Krajewski said a resolution had been prepared regarding appointments to Village Boards and Commissions.

Commissioner Sisul moved to waive the traditional one-week waiting period to duscuss new business. Commissioner Gilbert seconded the Motion.

AYES : Commissioners Sisul, Gilbert, Zabloudil, Tully, McConnell, Schnell, Mayor Krajewski

Mayor Krajewski declared the Motion carried.

The Village Clerk then read the resolution under consideration.

RES00 -01017 Resolution: Appoint Members to Village Boards and Commissions Sponsors: Mayor Summary of Item: This will approve a Resolution appointing Mike Maley to the Human Service Commission for a term expiring April 30, 2005 and James Mulqueeny, Jr. to the Technology Commission for a term expiring April 30, 2006

A RESOLUTION APPOINTING MEMBERS TO VILLAGE BOARDS AND COMMISSIONS

RESOLUTION 2002 -72 Commissioner McConnell thanked Mr. Mulqueeny, who was in attendance, for volunteering to work on the Committee.

Jim Mulqueeny, 1190 Parker Avenue, introduced himself. He said he was employed by the Chicago Transit Authority providing new radios to all of the buses. He works with providing various software to meet the needs. Mayor Krajewski thanked him for serving on the Technology Committee that is in the process of working on the CAD system. Indexes: Boards and Commissions Mayor Krajewski thanked Senator Peter Fitzgerald for visiting Village Hall yesterday. He was aware of the various grants that the Village has received, and spoke about public safety issues as well. He also brought two of his staffers with to meet Village staff.

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 Zabloudil said they discussed Public Safety CAD financing at their meeting earlier this evening. He said they discussed reviewing the process of H.T.E. In addition they looked at financing options within the Village, and other sources of income. The Commissioner said that upgrading the system brings the Village to the midrange level. He said that budget updates were provided by Marty Lyons, and the treasurer’s report will be available later this week. He said YTD sales tax revenues are down about 10% and income taxes down about 20%. The utility tax changes have been implemented sporadically. He said they need to look at revenue and expense projections at the next meeting. As for YTD expenses, they are on target. He noted that the water project is 2-3 months ahead of schedule, and there have been minimal problems encountered.

The Mayor said that regarding the decrease in income tax, part of that drop is due to the photo processing taxes.

Public Services

Commissioner Tully said that the Public Services Committee met to discuss stairwell conditions at Village Hall and the Police Department, as well as stormwater issues.

Regarding the stairwell issues, he said that Mr. Clark and Mr. Hultman had presented an analysis of the condition of the concrete stairways to the Council last month, noting that the report raised two issues: 1) 187 code violations with the stairwells, and 2) the stairs were in less than safe condition. Commissioner Tully said the staff looked at the issue and had outside consultants come in and provide estimates. With respect to Code violations, it was determined there were no code violations per se. Mr. Clark and Mr. Hultman’s report referred to standards of the BOCA 1996 Code which do not apply to the stairwells at Village Hall. The standards that do apply are the BOCA Maintenance Code of 1993, since the stairs were constructed long before the 1996 Code. Under the 1993 Maintenance Code, it basically says that the stairs must be safe. Regarding the safety of the stairs, staff’s analysis agreed with the general condition, feeling steps should be taken to make them safe. Options were discussion including ripping the stairs out at a preliminary estimate cost of $80,000-$100,000. Other options would be “mud jacking” where the stairwell is raised up to deal with the issues. It is not an ideal solution and would last about 3-4 years at a cost of $1500. Better signage was also discussed, as well as extending the existing railings. In addition, there is an issue of the drainage situation which has contributed to the sinking of the stairwells. Staff recommends improving the drainage runoff. They could also pour concrete over the existing stair structures, however, staff is waiting for further information as to costs before making any decision. Commissioner Tully noted, however, that future plans for Village Hall and the Police Department should be considered before making a final decision and expending funds.

Commissioner Tully said that Mr. Bajor also updated everyone as to the status of the Village’s probation on the stormwater matters. There are a few items left to do on the list between now and December 4. He said that about four weeks ago, Jon Hall was given verbal approval by the County to become the Village’s stormwater administrator. Mr. Bajor will get that approval in writing.

12. Council Member Reports and New Business

Commissioner McConnell said that Character Counts had their first raffle at Heritage Festival and made $1400. A focus for 2002 was to make connections with the athletic community, and to bring the concepts of character education and values ethics into community sports. There have been preliminary meetings with the Park District and school districts. A short video will be made to be shown to the parents and athletes at orientation meetings. Commissioner Tully has agreed to assist with the video. Their annual community workshop will be on October 25 and they look to involve the athletic community in that Workshop.

Commissioner McConnell said they intend to hold a 9/11 Memorial Service at Fishel Park on 9/14 at 10:00 AM. Details will be presented later.

Commissioner Tully said he is looking forward to being involved in the video. He then thanked Mr. Clark and Mr. Hultman for their work regarding the stairwell issue.

The Mayor said that the DuPage Water Commission met last Thursday and passed an agreement to provide for low interest rate loans for water hook up for unincorporated and some limited incorporated sites that have experienced contamination of their wells.

Commissioner McConnell asked if there is a time frame for that and the Mayor said they would like to move as quickly as possible for the areas that have been identified. He said staff is working on a survey for areas where the infrastructure is in place, and areas where it is not.

13. Adjournment

Commissioner Sisul moved to adjourn to Executive Session pursuant to Section 2©(1) of the Open Meetings Act to consider personnel 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 7:12 p.m