August 06, 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 Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Absent: Commissioner Thomas Sisul and 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 – July 16, 2002 Workshop Meeting – July 23, 2002 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Special Presentation – Heritage Festival Photo Contest Award Recipients and 4th of July Parade Awards The Mayor asked Mary Scalzetti to make the presentations of awards for the Fourth of July Parade. The Council Award was given to the Downers Grove Junior Women’s Club. The Community Spirit Award was given to the Downers Grove Swim and Racquet Club. The best entry from a youth organization was given to the Downers Grove 4H Club. Ms. Scalzetti then awarded the Mayor’s Award to the Downers Grove Roadrunners’ Soccer Club. The best musical presentation in the form of the C.J. Shoemaker Award was made to the Chicago Highlanders Pipe Band.

Ms. Scalzetti then announced the winners of the Heritage Festival Photo Contest, noting there were 64 entries submitted. First Place, as well as Honorable Mention, was awarded to Elizabeth Kubis. Second and 4th Place was given to Mike Siebert. Mr. Bruce Chlevin received 3rd Place and an Honorable Mention. Ms. Lisa Sadler and Ms. Shari Galek both received Honorable Mentions as well. Ms. Scalzetti said that the photographs will be on the web site, and some will be used to promote next year’s Heritage Festival and community events.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Marc Patno, of 4517 Belmont Road, said he was not a wildlife expert, but sympathized with the plight of the Sidrys family. He said that it was an extreme and specific case, however, and did not think a new ordinance which was vague, restrictive and open to interpretation was an answer to the problem. Some animals were excluded. He said the term “if that feeding becomes a nuisance” is also open to interpretation in terms of determining what is a nuisance. Mr. Patno also said that the fines allowed for arbitrary decisions. Mr. Patno said that residents on Belmont Road also have a problem with wildlife, and he showed photographs of two young raccoons walking along a neighbor’s roof. The destruction of their natural habitat has caused a deviation in the feeding habits of wildlife. He asked that the Council ask itself whether in general, is it the food and actions of people that causes the migration of habitat into residential neighborhoods, or is it the lack of food and destruction of their natural habitat that causes the migration. He asked that the Council consider to amend the existing ordinance rather than pass this vague ordinance.

The Mayor asked the Attorney about the fines and she said that the fee is determined by the Judge. All ordinance fees are $75-$750.

Janis Farrington, 5211 Lee, said that she was appalled at the lack of communication, and the lack of responsibility of the Council and the Village regarding this problem. She said that she heard from no one from the Village about the problem and her side of the story. Ms. Farrington said she was appalled that they could be ready to pass an ordinance tonight with half the facts. She said if they cannot investigate situations on both sides they are not doing their job as a Council and as a Village, and she hopes the voters remember this.

Michael Farrington, 5211 Lee Avenue, said that the information presented to the Council was only half of the information and was slanted. He said that they have lived in the property for 25 years and no one has had any problems with raccoons. Mr. Farrington said that the Sidrys family built a $500,000 addition to their property, which was built with the soffitt line right to the trees. The raccoons do not distinguish between the tree line and the roof line. Mr. Farrington said he had suggested to the Sidrys family that the problem could be help if they would cut back the trees, or cut back the soffitt line. As long as the animals can walk from the trees to the roof line they will have an animal problem. No one else on the block has the problem. He said that the Sidrys family wants a declaration of an Ordinance for their comfort. He believes it is outrageous and an insult to the Council and to the people of Downers Grove.

The Mayor said that over many years many people come up and give partial information. He said that the Council realizes that they do not always hear all of the information.

Mr. Farrington said that his yard ended up on the front page of the Downers Grove Reporter showing their bird feeder. He submits that the raccoons cannot climb up the birdfeeder. He said that there was only bird feed in the feeder and he doesn’t understand why their bird feeder ended up on the front page of the newspaper.

The Mayor explained that there are reporters who attend the meetings, and if someone says something at the meeting that the reporters feel belongs in the paper, they will follow up on it. He said the Farringtons might even make the paper this next week as a result of this meeting.

Mrs. Farrington asked again why they were not contacted by anyone from the Village.

Mayor Krajewski said that the Village looked at all areas of town and where they got complaints about raccoons. He said if the Ordinance passes, it is up to staff to determine whether there is a violation. He said they are not there to referee a neighborhood dispute.

Dr. Luedi, 3244 Highland Avenue, asked how the Village investigated the need for the Ordinance. She said the time to investigate an ordinance is before it is passed, not after passing it. She said she spoke to Robert Schiller who said he investigated this major problem in the Village. Dr. Luedi said she believed there were more problems. She said that the problem is that since he has been Mayor of this Village, Downers Grove is referred to by other Villages around as a Mickey Mouse operation. She asked Mr. Schiller how many complaints there were, and he said there was one requested trap. According to her information there were four complaints this year and six last year. She said that of this year’s three complaints, two of the complaints were from the Pepperidge Farm area. She lives in a wooded area with raccoons around and they have never done damage to her property. Dr. Luedi said people are supposed to live in harmony with nature, meaning if you offend nature, nature will invade. She asked whether they questioned Mrs. Farrington as to damage to her property, and said that the Village did not. Dr. Luedi said that she contacted the Illinois Department of Natural Resources who told her that they have not classified raccoons as a nuisance, but that they are protected species. She raised baby raccoons in her home through the Willowbrook Wildlife Association many years ago and they are not threatening creatures. Dr. Luedi said she came from a communist country and is an American citizen. The Mayor asked that Dr. Luedi stay with a discussion of the Ordinance. Dr. Luedi requested that the Ordinance be tabled until further investigation, as there is not sufficient information at this time to act on the Ordinance.

The Mayor said that there is an interesting article in the August 11 Tribune about damage and health hazards from raccoons and opossums.

Harold Schramm, 3031 Longmeadow Road, said he was concerned about the parking situation at Cumnor and Ogden Avenue. He said he attended the Parking and Traffic Commission meeting on July 10, and the Commission recommended no parking on Cumnor from the corner to 75 feet. north of Ogden Avenue. He reviewed the recommendation made by the Commission. Mr. Schramm said that there are no businesses in that area that require customer parking, except for the car dealership at the northwest corner of Cumnor and Ogden. He said that lack of restrictions will allow the employees of Ogden businesses to continue using the street as their parking lot, and those spaces will not be available for customers. He said the spaces are used from 9:00 a.m. – 6:30 p.m. by people he thought were employees of Yamaha. Mr. Schramm then discussed the problem of turning left onto Ogden Avenue. Regarding parking restrictions and enforcement, he said that there should be a time restriction placed for parking in that area. He said he did a line of sight drawing of the location which shows that the line of sight changes somewhat with the proposed ordinance.

The Mayor said he agreed, knowing that the west side is completely lined with cars.

Mark Kent, 4030 West End Road, said the Ordinance fails to meet the objective of public safety because it does not restrict parking entirely on the east side of Cumnor Road. He said that Williams Road runs parallel to Cumnor Road on the opposite side of the mall, and there is no parking permitted on that road on either side of the street. Mr. Kent said he did not know if Williams Road was under Westmont or Downers Grove. The proposed restrictions will permit limited parking, but enforceability of the parking limits is an issue. He said people will continue to park and break the law until they are regularly ticketed. Mr. Kent showed photographs that he took today and described the pictures to the Council members. He noted particularly the restriction of the sight line with cars parking on Cumnor. Mr. Kent said that neighbors are looking to avoid accidents and save lives, and parking restrictions on the street are a matter of public safety. He said that the fact that Williams street is designated as “no parking” would logically follow that Cumnor should also have “no parking” on both sides of the street.

Susan Keller, 5131 Lee Avenue, said she lives to the north of 5211 Lee Avenue and they occasionally see raccoons. They have no damage done and no accumulation of feces. The said that residents immediately south of 5211 Lee Avenue also do not have problems. She said that they do not have the problem with raccoons at her home.

Ms. Bernstein, 1963 Bedford Court, Wheaton, said that before the Ordinance is passed she believes it is important that the Village research the issue thoroughly. People have infringed into the natural habitat of the animals. She showed information she brought back from a recent trip to Israel, where they have regulations to seal garbage cans in Tel Aviv due to all the stray cats. If the cats were deprived from the food in the trash cans they would die. Citizens of Tel Aviv then volunteered to provide cat food to feed the strays, and the program has worked out well. She asked that the Council investigate further before making a hasty decision.

Jonas Sidrys, 5223 Lee Avenue, said he is a ten-year resident of the Village. He is a raccoon lover, but is opposed to altering the natural environment causing an imbalance. While the active feeding of the raccoons was taking place they were omnipresent, as was the smell of the feces. He said that the estimate on their house addition was not relevant, and there were raccoons on their roof before the addition, as well as accumulation of feces. He said that the active feeding has ceased and this is not as big a problem any more.

Christine Fregeau, 1918 Elmore, said she was at the March 19 meeting where the raccoon issue was raised. She said that there was information provided through the newspaper and prior Workshop meetings that this item would be considered. Ms. Fregeau said there was an unfair and inaccurate presumption that this Mayor and Council did not do their homework. She thought it was disrespectful and insulting. She has had issues with the Mayor and Council in the past, but at no time has information been denied to her or withheld from her. In light of the Village’s Character Counts program, she believes the comments made were disrespectful and were a disservice to the people. The Ordinance was the result of the information initiated in March. The Village would not be giving out 300-400 traps per year if there were no problems.

Bill Trout who resides on 39th Street said he has known Harold Schramm for a number of years and supports the comments made by Mr. Schramm regarding the traffic on Cumnor.

B. Comments and Questions on General Matters

There were none.

5. Public Hearings

Local Law Enforcement Block Grant Funds The Mayor called the public hearing to order at 7:35 p.m. This public hearing has been called by the Village Council to consider the proposed use of Local Law Enforcement Block Grant funds for the purpose of reducing crime and improving public safety in the Village of Downers Grove. Notice of this hearing was published in the Downers Grove Reporter. He reviewed the procedures for the hearing and asked Deputy Chief of Police, Kurt Bluder, to make the presentation.

Deputy Police Chief Bluder said that the grant is available from the Bureau of Justice Assistance. The requirement is to hold a public hearing to provide the public with an overview of the project. The funds from the grant will be used to purchase a bar coding system for the Police Department evidence room. The amount of the federal funding is $13,253.00. As this is a matching grant, the Village must contribute $1,473.00. Annual maintenance will cost about $1,700.00. The Advisory Board will be made up of Dr. Eblin of District 99, Tom Julian of the Village Chamber of Commerce, Attorney Enza Petrarca of the Village and Deputy Chief Bluder. This equipment will enable the police to scan the items with a hand-held device and enable better record keeping of the evidence in police possession.

There were no questions. Mayor Krajewski adjourned the Public Hearing at 7:45 p.m.

6. Consent Agenda

COR00 -01002 Claim Ordinance: No. 5440, Payroll, July 26, 2002 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01003 List of Bills Payable: No. 5441, August 6, 2002 Sponsors: Accounting The Mayor questioned the item on page 24 regarding the Third Millennium water fund. A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01005 Bid: Award $122,957.65 to Tri-Tech Electric, Inc. for Traffic Signal Installation and Interconnection at Main and Franklin Streets Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Traffic Signal – Main & Franklin

BID00 -01018 Bid: Authorize Change Order #2 to Martam Construction for $33,136.43 for CBD Redevelopment Phase IV, Project 15-00 Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Central Business District – Phase IV

Passed The Consent Agenda

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

7. Active Agenda

ORD00 -01006 Ordinance: Amend Parking Restrictions on Oakwood Avenue Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, June 14, 2002, the Parking and Traffic Commission moved to recommend to the Village Council to restrict parking on both sides of Oakwood Avenue between Chicago and Prairie from 8:00 a.m. to 11:00 a.m. except Saturdays, Sundays and Holidays.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON OAKWOOD AVENUE

ORDINANCE NO . 4431 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – Oakwood

ORD00 -01007 Ordinance: Amend Speed Limit on Cornell Avenue Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, June 14, 2002, the Parking and Traffic Commission moved to recommend that the speed limit on Cornell Avenue between Prairie and Warren be reduced from 30 mph to 25 mph.

AN ORDINANCE AMENDING THE SPEED LIMIT ON CORNELL AVENUE

ORDINANCE NO . 4432 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Speed Limit – Cornell Avenue

ORD00 -01008 Ordinance: Amend Traffic Control on 62nd Street Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, June 14, 2002, the Parking and Traffic Commission recommended the placement of yield signs at the northwest and southeast corners of Lyman and 62nd Street – regulating northbound and southbound traffic on Lyman. In addition, they recommended placement of yield signs at the northwest and southeast corners of Fairmount and 62nd Street – regulating northbound and southbound traffic on Fairmount Avenue.

AN ORDINANCE AMENDING TRAFFIC CONTROL ON 62ND STREET

ORDINANCE NO . 4433 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Yield – 62nd Street

ORD00 -01009 Ordinance: Amend Parking Restrictions on Grant Street Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, July 10, 2002, the Parking and Traffic Commission recommended to modify parking restrictions on Grant Street near Pierce Downer School.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON GRANT STREET

ORDINANCE NO . 4434 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – Grant

ORD00 -01010 Ordinance: Amend Parking Restrictions on Cumnor Road Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, July 10, 2002, the Parking and Traffic Commission recommended to modify parking restrictions on Cumnor Road north of Ogden Avenue.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON CUMNOR ROAD

ORDINANCE NO . 4435 Commissioner Tully said that based upon review of the Ordinance and evidence and testimony presented at the meeting, he would be in favor of moving to amend the ordinance to impose more restrictive parking restrictions on Cumnor Road by eliminating parking on both sides of the street.

Commissioner Gilbert said he would second Commissioner Tully’s motion to amend the Ordinance by imposing stricter parking restrictions on Cumnor Road.

Commissioners Schnell and Zabloudil both agreed to increasing the restrictions.

Commissioner McConnell said she is in favor of Commissioner Tully’s amendment but would also like this to be referred back to the Parking & Traffic Commission for their further review of the changes recommended by the Council through this Motion.

Commissioner Tully said he understands the “no parking” restriction to be on either side of Cumnor Avenue from the southern most point of the first street north of the mall entrance, coming down to Ogden Avenue.

Commissioner Tully moved to amend the Ordinance to add additional parking restrictions so there would be no parking at any time on either the east side or the west side of Cumnor Road from the southernmost point from 41st Street all the way to Ogden Avenue. Commissioner Gilbert seconded the Motion.

Commissioner Gilbert said he agreed with referring it back to the Parking and Traffic Commission as well.

Commissioner McConnell said she is comfortable with moving forward on this but wants the Commission to know how the Council acted on this Ordinance. A motion was made by Commissioner Tully, seconded by Commissioner Gilbert, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions – Cumnor Road

ORD00 -01011 Ordinance: Amend Traffic Regulations at Drove Avenue and Belle Aire Lane Sponsors: Parking & Traffic Commission Summary of Item: On Wednesday, July 10, 2002, the Parking and Traffic Commission recommended the installation of a yield sign at Belle Aire Lane and Drove Avenue and installation of a crosswalk on Belle Aire Lane.

AN ORDINANCE AMENDING TRAFFIC REGULATIONS AT DROVE AVENUE AND BELLE AIRE LANE

ORDINANCE NO . 4436 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Yield – Belle Aire Lane and Drove Avenue, Crosswalk – Belle Aire Lane

ORD00 -01012 Ordinance: Authorize Lot Reconfiguration for Properties Located at 215 Second Street and 219 Second Street Sponsors: Plan Commission Summary of Item: At their meeting of July 9, 2002, the Plan Commission unanimously recommended approval of a lot reconfiguration and the transfer of 15 feet of the 219 Second Street parcel to the 215 Second Street parcel. As a result of the lot reconfiguration, the lot area of the 219 Second Street parcel will be reduced from 11,880 square feet to 9,900 square feet, which is less than the 10,500 square foot minimum requirement for newly created lots in the R-4 District. This includes approval for a lot area exception in addition to approval of the lot reconfiguration.

AN ORDINANCE AUTHORIZING LOT RECONFIGURATION FOR PROPERTIES LOCATED AT 215 SECOND STREET AND 219 SECOND STREET , DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4437 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Lot Reconfiguration

ORD00 -00983 Ordinance: Amend Outdoor Liquor Sales Sponsors: Liquor Commission Summary of Item: This will amend the provisions of the Liquor Control Ordinance concerning outdoor sales restrictions.

AN ORDINANCE AMENDING OUTDOOR LIQUOR SALES

ORDINANCE NO . 4438 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Liquor Ordinance Amendments

ORD00 -01014 Ordinance: Prohibit the Feeding of Wild Animals Commissioner McConnell moved to adopt an Ordinance Prohibiting the Feeding of Wild Animals. Commissioner Tully seconded.

Commissioner Schnell commented that she can sympathize with the resident who had the problem, but she regrets that the two parties could not come to some resolution of the problem. As a legislative body they need to look at the whole Village. She is not sure this Ordinance will solve the problem of squirrels, raccoons, opossums in the Village. She agrees that the language is ambiguous in terms of interpreting what a nuisance is. She said that in her opinion, the legislation creates more of a problem in pitting neighbor against neighbor. She thinks they are legislating something that cannot be legislated.

Commissioner McConnell commented that it came to the Village due to a specific incident, but staff did a good job in trying to create an Ordinance that would deal with the issue on a broader basis. She said that this is not about individual people, but about what makes sense for the entire Village. She said the Ordinance is somewhat nebulous; however, she would like to try it and see what happens.

Commissioner Tully said it is unfortunate that some of the comments made during the public comments section were directed toward the neighborhood dispute. His comments are directed to the ordinance, and Mr. Patno raised questions as to the interpretation of the ordinance; however, that would be no different than interpreting the Zoning Ordinance. With respect to what is a nuisance, that is also subject to interpretation. What is a violation would be determined after investigation was made. He asked the Attorney if there is a specific ordinance in the Village that defines nuisance, and Attorney Petrarca said that the Village did have such an ordinance. However, it did not address this specific type of situation. Commissioner Tully said he would be willing to defer this ordinance and amend the existing ordinance to include issues of this nature. Therefore he suggested a Motion to table this Ordinance would be appropriate.

The Mayor said that there is a difficulty in the vagueness of the ordinance; however, it is meant to be vague. In his neighborhood where people put out several hundred pounds of bird feed, that might be considered excessive. However, there is a nuisance ordinance already in existence and that could possible be amended.

Attorney Petrarca said the nuisance ordinance defines what things are a nuisance.

The Mayor reiterated the difficulty in qualifying what exactly is a nuisance.

Commissioner Gilbert said this is not a ban on wildlife. It is a statement of overfeeding wild animals or feeding them to the point where they become a nuisance. Animals will swarm to any place where food is available. The ordinance bans feeding them to prevent them from becoming a nuisance. The Police Department would have to use their good judgment in interpreting the ordinance. His experience has been that the less intervention people have with wild animals, the better it is for the wild animals. He said it is not the Council’s requirement to go to the citizens and ask their opinion on any given matter, in his opinion.

Commissioner Zabloudil said based upon the comments made this evening, it is important to create an environment that eliminates the intentional feeding of the animals, or causes problems for someone else. He agrees with amending the existing nuisance ordinance as well and incorporating this issue into that ordinance.

The Mayor said he still does not know how to determine what amount of feed is considered a nuisance.

Commissioner Tully said that the ordinance should make it unlawful for an individual to intentionally create a nuisance condition. He does not think anyone would dispute that aspect of the ordinance. He reiterated that he would prefer to include this issue in the existing ordinance.

Commissioner Tully moved to table the wildlife Ordinance to the next regular meeting. Commissioner Schnell seconded the Motion.

AYES : Commissioners Tully, Schnell, Zabloudil, McConnell, Mayor Krajewski NAYS : Commissioner Gilbert

Mayor Krajewski declared the Motion to Table carried 5:1.

Commissioner Schnell asked if there was an individual or agency who could give a definition of what overfeeding of an animal actually is.

Commissioner Tully said he would like to see it tabled until the next meeting to provide an opportunity for staff to obtain further information in an attempt to clarify the ambiguity. A motion was made by Commissioner Tully, seconded by Commissioner Schnell, to Table to a Date Certain this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Nay: Commissioner Gilbert Indexes: Wildlife, Nuisance Ordinance

RES00 -01015 Resolution: Establish an Amended Policy with regard to Fee Waivers Sponsors: Deputy Village Manager and Village Attorney Summary of Item: This will amend policy guidelines related to fee waivers.

A RESOLUTION ESTABLISHING AN AMENDED POLICY OF THE VILLAGE COUNCIL WITH REGARD TO FEE WAIVERS

RESOLUTION 2002 -73 Commissioner McConnell asked whether the word “public” was inserted, and Attorney Petrarca said it was included.

Commissioner Gilbert said he was not present for the Council’s Workshop discussion. He cannot agree to the Ordinance drafted.

The Mayor thanked the Council and staff for their work on the fee waiver policy, as he knows it was a difficult issue to address. A motion was made by Commissioner Tully, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Nay: Commissioner Gilbert Indexes: Fee Waiver

ORD00 -01004 Ordinance: Provide for the Issuance of General Obligation Bonds, Series 2002 Sponsors: Finance 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Bond Issue, General Obligation Bond Issue – Series 2002

MOT00 -00965 Motion: Fee Waiver – St. Mary’s of Gostyn Catholic Church Sponsors: Deputy Village Manager Summary of Item: Motion to approve a fee waiver request in the amount of $8,487.60 for St. Mary’s of Gostyn Catholic Church.

This will authorize a fee waiver request by St. Mary’s of Gostyn Catholic Church in the amount of $8,487.60 for the renovation of St. Mary’s Church located at 444 Wilson Street. A motion was made by Commissioner Zabloudil, seconded by Commissioner Schnell, to Approve this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Fee Waiver

MOT00 -00966 Motion: Fee Waiver – Park District – Gilbert Park Shelter Sponsors: Deputy Village Manager Summary of Item: Motion to approve a fee waiver request in the amount of $1,290.00 for the Downers Grove Park District.

This will authorize a fee waiver request by the Downers Grove Park District in the amount of $1,290.00 for the construction of the Gilbert Park Shelter. A motion was made by Commissioner Schnell to Approve this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Fee Waiver

MOT00 -00964 Motion: Fee Waiver – Park District – Recreation Center Sponsors: Deputy Village Manager Summary of Item: Motion to approve a fee waiver request in the amount of $82,529.10 for the Downers Grove Park District.

This will authorize a fee waiver request by the Downers Grove Park District in the amount of $82,529.10 for the construction of the Recreation Center at 4500 Belmont Road. Commissioner Gilbert said he will vote no on this as the amount is exorbitant. If it had been a lower amount or 50% he could go along with it. There has to be cooperation from both agencies. This project is so large and so costly he cannot condone giving a total waiver to the project He said a tremendous amount of staff time has been involved in this entire project, therefore he cannot condone waiving the entire amount.

Commissioner Tully said he agreed with Commissioner Gilbert’s comments and said that some cap has to be established. There were hundreds of hours put in by staff. He would be in favor of an intergovernmental cooperation agreement. The Park District should also give a little. He would be in favor of waiving everything but $23,258.23.

Commissioner McConnell said she is not in favor of that amendment as it is taking place in the middle of the process.

Commissioner Schnell said it is an exorbitant amount of money, and a great amount of staff time has put into this project.

The Mayor said they discussed this at the Workshop, and he does agree to some extent on a cap, but he would be voting in favor of this waiver.

The Mayor said the Motion failed as it had less than 4 votes in favor.

A motion was made, seconded by Commissioner Tully, to Approve this file. The motion was tied by the following vote: Votes: Yea: Commissioner Zabloudil and Mayor Krajewski Nay: Commissioner Gilbert, Commissioner Schnell and Commissioner Tully Indexes: Fee Waiver, Park District Recreation Center The Mayor asked Attorney Petrarca whether Commissioner Tully could make a motion for the Park District fee waiver in the lesser amount, and she said he could do so.

Commissioner Tully moved to approve a fee waiver for the Park District Recreation Center for all of the requested amount less $23,258.73. Commissioner Schnell seconded the Motion.

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

The Mayor declared the Motion failed with less than 4 votes in favor.

MOT00 -01020 Motion: Fee Waiver – First Baptist Church of Downers Grove A motion was made by Commissioner Tully, seconded by Commissioner Gilbert, to Approve this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Fee Waiver

8. Mayor’s Report

Materials to be Received – Minutes

Finance Committee – June 25, 2002 Library Board – July 10, 2002 Parking & Traffic Commission – June 12, 2002 & July 10, 2002 Public Services – June 25, 2002 Zoning Board of Appeals – June 26, 2002 A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski New Business

RES00 -01019 Resolution: Appoint Village Attorney Sponsors: Mayor The Mayor said it has been a long process interviewing for a new Village Attorney. They received about 150 resumes which were all reviewed carefully. The final three candidates were brought to the entire Village Council and they chose to appoint Enza Petrarca to the position.

Commissioner McConnell welcomed Attorney Petrarca into her new position.

Commissioner Zabloudil congratulated Attorney Petrarca as well for this step up into a new position. He thanked her for the time and effort she put in filling in for the Village Attorney. She came back from her maternity leave into the position and he thanked her for the work she did during that time.

The Mayor added his congratulations to Enza and noted that during the interview process the Mayor and Council recognized that much of the work was actually done by her.

Commissioner Gilbert reiterated that Enza came back from her maternity leave and moved into a difficult situation. He thanked her for her work.

Commissioner Schnell concurred with the comments already made.

Commissioner Tully congratulated her as well, stating that she brings the Village experience and expertise that will benefit the entire community. 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 Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Village Attorney

Materials to be Placed on File

9. Manager’s Report

Manager Ginex announced the appointment of Jon Hall as the Stormwater Administrator.

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 the Finance Committee met before the meeting and discussed issues related to the revenue projections for the upcoming fiscal year, as well as methods of streamlining the expense structure. He said that there is also a change in the cash flow as a result of the change in the utility tax, since the State will be keeping the money longer than was anticipated. The Committee also discussed public safety issues.

The Mayor said that the change in the utility tax came about as the result of the PrimeCo versus the State of Illinois. He said that municipalities will be receiving funds after 90 days, rather than the previous 45 days, which negatively impacts the municipalities.

12. Council Member Reports and New Business

Commissioner McConnell said that during the CAD presentation, discussion took place related to privacy regarding health information and the HIPPA Privacy Act. The Fire Department, Police Department, Human Resources and Village Attorney attended a meeting regarding the type of issues the HIPPA Privacy Act would create for the Village.

In addition, Commissioner McConnell said that the Character Counts Coalition will sponsor a 9/11 remembrance service on September 14 at Fishel Park. They are looking for additional music opportunities, either vocal or instrumental.

Commissioner Tully congratulated John Hall on his appointment as Stormwater Administrator.

The Mayor said that he and Commissioner McConnell met with residents from two areas of the Village regarding contaminated wells. He said that staff will be working with the Council on the implementation of an agreement.

13. Adjournment

Commissioner Gilbert moved to adjourn to Executive Session pursuant to Section 2©(5) of the Open Meetings Act to consider the purchase or acquisition of property. Commissioner Zabloudil seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 8:25 p.m