May 18, 2004

1. Call to Order

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

Pledge of Allegiance to the Flag

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

2. Roll Call

Present: Commissioner Ron Sandack, Commissioner Stan Urban, Commissioner Marilyn Schnell, Commissioner Mark Zabloudil and Mayor Brian Krajewski Absent: Commissioner Martin Tully Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and Village Clerk April Holden

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

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

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

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

3. Minutes of Workshop and Council Meetings

Executive Session Minutes for Approval Only – May 4, 2004 Council Meeting – May 4, 2004 Workshop Meeting – May 11, 2004 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

Recognition of COP Volunteers The Mayor asked Deputy Chief Pam Church to come forward. She introduced the COP team members, as well as the Mid American Management Staff. Deputy Chief Church said this is the 11th year of the COP initiative. She also said that the Village was recognized this year by the Illinois Association of Chiefs of Police for the success of its COP program. She thanked and honored the volunteers for their on-going support of the COP program. She named the long list of community partners who assisted in making the program a success. Certificates of Appreciation were then distributed by the Mayor. PROCLAMATION :

The Mayor proclaimed the week of May 16-22 as Public Works Week in the Village of Downers Grove.

Dave Barber, Director of Public Works, thanked the Mayor for the Proclamation, and went on to describe the myriad of services provided by the Public Works Department in the Village including drinking water, street maintenance, ice and snow control, management of stormwater system and traffic and transit, maintenance of grounds and forestry, capital project management, and large projects such as the parking deck. He said there would be a special week of activities including Kingsley and Puffer School visits, an Expo at the Odeum in Village Park, a snow plow rodeo, and a luncheon and open house on Friday from 2:00 p.m. – 7:00 p.m. at 5101 Walnut Avenue.

Save Your Heart Fund

Mayor Krajewski said that at last week’s Workshop meeting, information was announced about the Downers Grove Save Your Heart Fund. He asked George Nicholaou to provide an update.

Mr. Nicholaou said that last week they launched the project and have raised $9,500 to date, which is 22% of their goal. He then distributed buttons to the Council to wear for the next 30 days.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Dr. Gordon Goodman, 5834 Middaugh, said he was pleased to see the Ethics Ordinance being updated. He said that the Ordinance provides that people should not offer gifts to public officials. He asked if this was an appreciable change from the old Ordinance or an update to mirror State law. Attorney Petrarca said it mirrors State law, as there already is a gift ban law. She reviewed the items which were removed from the original State law.

B. Comments and Questions on General Matters

Dr. Gordon Goodman, 5834 Middaugh, commented on an issue raised at the Coffee with the Council last week regarding the demolition ordinance in respect to 806 Maple. He said that one of the key steps to determine whether the house should be moved or demolished is the demolition permit. He indicated that last week no permit was issued. The new owner introduced himself to the Code Services Department and the neighbors. No time scale or instructions to staff were made regarding issuance of the demolition permit. There is no clause provided as to the time period required, as there exists in Hinsdale. He said the Village should not issue a demolition permit less than 30 days from the issuance of the application, and there has to be some approved plan for what is going to replace the structure. Until there is an approved plan, no permit for demolition or plan for restoration can take effect. Dr. Goodman recommended on an emergency basis that staff regulations be implemented to provide the safeguards, or amending the Ordinance itself to provide this type of safeguard. He wanted to call this to the attention of the full Council.

The Mayor said that staff polled Hinsdale and modeled our Ordinance after theirs.

Dr. Goodman said that they need a restoration plan if the next phase is not completed within the 60 days period. The Village should know what is going to be done in 60 days. He said it is necessary to find out what procedure they should be following before issuing a permit. He said that the middle part of the Ordinance is good, but they need to look at both the before and the after part. He said this is unfinished business that is very timely.

The Mayor asked if there is a policy established regarding filling in foundations. Attorney Petrarca said she would look into this.

5. Public Hearings

6. Consent Agenda

COR00 -01614 Claim Ordinance: No. 5529, April 30, 2004 Sponsors: Accounting Indexes: N/A

BIL00 -01615 List of Bills Payable: No. 5526, May 18, 2004 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01616 Change Orders: Authorize Execution of Contract Change Orders #3,5,6&7 for the Village of Downers Grove Parking Facility, Project #14-00 Sponsors: Public Works Summary of Item: The change orders are as follows:

Change Order #3 – $22,512.00 Change Order #5 – $52,270.00 Change Order #6 – $2,713.00 Change Order #7 – $5,106.00 A motion was made to Approve this file on the Consent Agenda. Indexes: Central Business District – Parking Deck Passed The Consent Agenda

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

BID00 -01623 Bid: Contract Renewal with Fire Safety Consultants, Inc. for Plan Review Services Sponsors: Fire Department Commissioner Urban moved to remove this item from the Consent Agenda. Commissioner Schnell seconded.

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

Mayor Krajewski declared the motion carried. Indexes: Fire Prevention Fees, Fire Prevention

7. Active Agenda

ORD00 -01617 Ordinance: Annex 6500-6550 Fairview Avenue Sponsors: Planning and Community Development Summary of Item: This will annex the property commonly known as 6500-6550 Fairview Avenue. Following annexation, this property will be zoned R-1 Single Family Residential.

AN ORDINANCE ANNEXING 6500 -6550 FAIRVIEW AVENUE TO THE VILLAGE OF DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4585 A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Annexation

ORD00 -01618 Ordinance: Rezone 6500-6550 Fairview Avenue from R-1, Single Family Residence, to R-3, Single Family Residence Sponsors: Planning and Community Development Summary of Item: At their meeting of March 15, 2004, the Plan Commission recommended that the property commonly known as 6500-6550 Fairview Avenue be rezoned from Village R-1 Single Family Residence to Village R-3 Single Family Residence.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, PASSED AND APPROVED APRIL 19 , 1965, AS AMENDED , TO REZONE 6500 -6550 FAIRVIEW AVENUE

ORDINANCE NO . 4586 A motion was made by Commissioner Zabloudil, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Rezone 6500-6550 Fairview – R-1 to R-3

RES00 -01619 Resolution: Approve Final Plat of Subdivision for the Green Acres of Downers Grove Subdivision with Exceptions Sponsors: Planning and Community Development Summary of Item: At their meeting of March 15, 2004, the Plan Commission unanimously recommended approval of the final plat of subdivision for the Green Acres of Downers Grove Subdivision including certain exceptions as requested, subject to certain conditions.

A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR THE GREEN ACRES OF DOWNERS GROVE SUBDIVISION WITH EXCEPTIONS

RESOLUTION 2004 -27 A motion was made by Commissioner Urban, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Subdivision – Green Acres of Downers Grove

ORD00 -01620 Ordinance: Implement the Provisions of the State Officials and Employees Ethics Act in the Village of Downers Grove Sponsors: Village Attorney Summary of Item: This will implement provisions of the State Officials and Employees Ethics Act which regulates political activities and the making or accepting of gifts.

AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4587 A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Ethics Ordinance

RES00 -01621 Resolution: 2004 Motor Fuel Tax Sponsors: Public Works Summary of Item: This will authorize the acceptance from the Illinois Department of Transportation of $1,375,000 in Motor Fuel Tax funds for use in maintaining the roadways in Downers Grove.

A RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE

RESOLUTION 2004 -28 A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Motor Fuel Tax

ORD00 -01622 Ordinance: Amend Certain Plan Review and Permit Fees Sponsors: Fire Department Summary of Item: This will make certain amendments to those fees paid to the Village for plan examination as well as certain permit and inspection fees.

AN ORDINANCE AMENDING CERTAIN PLAN REVIEW AND PERMIT FEES

ORDINANCE NO . 4588 The Mayor asked about this in relation to the Consent Agenda item that was pulled. Attorney Petrarca said if that changes, this will be amended. A motion was made by Commissioner Zabloudil, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Fire Prevention Fees, Fire Prevention, Plan Review and Permit Fees

ORD00 -01624 Ordinance: Establish a Moratorium Regarding the Sign Ordinance Sponsors: Mayor Summary of Item: This will authorize a moratorium on the issuance of any request for sign permits for a period of three (3) months.

AN ORDINANCE ESTABLISHING A MORATORIUM REGARDING THE SIGN ORDINANCE IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4589 The Mayor said that Commissioner Tully brought this forward, and he wanted to credit him for bringing this up. A motion was made by Commissioner Urban, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Zoning Ordinance – Signs

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – April 28, 2004 Parking & Traffic Commission – April 14, 2004 A motion was made by Commissioner Urban, seconded by Commissioner Schnell, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Materials to be Received – Monthly Reports

New Business

The Mayor mentioned that the State of Illinois is continuing to struggle with the budget for the State. In discussions, one of the items presented is to reduce the share of income tax received by the municipalities. Currently all the communities in the State receive 1/10 of all the income tax that is paid. The amount is split equally among the municipalities. The State is looking to decrease it to 1/11 or 1/12 which would be a loss of $5 or $10 per person based on 50,000 people. He said that letters have been sent to the State Senators and Representatives encouraging them not to vote to cut the share of the Village’s income tax in order to balance the State budget.

9. Manager’s Report

Manager Ginex said that the Illinois Department of Agriculture will spray for gypsy moths in the northern portion of the Village and part of Oak Brook. Low flying helicopters will be seen overhead. There are yellow signs around the area notifying of the spraying.

The Manager said that the Village Voice Committee has started a “Necessities Drive” for the troops in Iraq. They need food and hygiene products, letters, notes and words of encouragement. Goods can be dropped of at Village Hall, the Police Department and the Fire Department by May 24.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Public Services Committee

Commissioner Schnell said the Public Services Committee will meet on Thursday at 6:00 p.m. in Village Hall.

Finance Committee

Commissioner Zabloudil said the Finance Committee met this evening to discuss an update on the financial services software, and the cash balance policy which will be Workshopped. In addition they will be discussing the fund balance and whether to use a cash basis or accrual basis of accounting. They discussed a change in the fiscal year to determine whether a change in the fiscal year might benefit the community. Weekly disbursements were then reviewed as well, to find ways to expedite the process. Commissioner Zabloudil said they discussed one of the goals presented some time ago about the budget process and a zero based budgeting process. Staff will be coming back with some direction as to this type of budgeting system. He said that surveying other communities regarding the change of a fiscal year was part of their discussion.

12.Council Member Reports and New Business

The Mayor asked staff to get him the Hinsdale and Wheaton demolition ordinances. He also said that Economic Development Commission has 12 voting members, and they need to determine whether they want to go to an odd number for voting purposes.

Commissioner Zabloudil said he agreed that they need an odd number. The Mayor said they should increase it to 13, and they need to stagger the terms.

As for the Tourism and Events Committee, Attorney Petrarca said they have 5 events members and 5 tourism members. He asked if they want to increase them to 7 members each.

The Mayor said that Council members will serve as chairs and voting members, not ex officio members.

Mayor Krajewski brought up the issue of the phone system. Elgin is implementing a new system currently, and he asked whether they will extend the SBC contract.

The Mayor said that the Fire Pension audit was just finished. There are numerous management recommendations in the report, and he said that it should go to the Finance Committee.

13. Adjournment

Commissioner Urban moved to adjourn. Commissioner Schnell seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:20 p.m