June 15, 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 Marilyn Schnell, Commissioner Mark Zabloudil and Mayor Brian Krajewski Absent: Commissioner Stan Urban and Commissioner Martin Tully Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and Village Clerk April Holden

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

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

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

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

3. Minutes of Workshop and Council Meetings

Council Meeting – June 1, 2004 Workshop Meeting – June 8, 2004 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Dr. Gordon Goodman, 5834 Middaugh, questioned the 15-minute truck loading zone restrictions Ordinance and whether there would be a time limit during the day.

Village Attorney Enza Petrarca responded that the only change from the Ordinance is that the Class D has been changed to Class B. There is no parking on the side of the street regarding Tivoli parking.

The Mayor said that they are in the process of creating a new transportation committee which will look at the downtown parking situation.

B. Comments and Questions on General Matters

1. Steve Smith, 6838 Camden Place, has been a resident for 19 years. He has completed building a home at 341 Brentwood and is unable to get an occupancy permit due to the inclement weather. He said that the lot has been graded and is waiting for landscaping. Mr. Smith said he has been told that he needs grass in order to get an occupancy permit; however, due to the inclement weather the landscaping has been delayed. He said the house is ready to move into, but there has been no interior inspection. He has to be out of the house he is presently in by Sunday, and has nowhere to go. The situation is beyond his control, and he would be willing to put up more bond money if that is needed.

The Mayor said that exceptions have been made in the past due to the inclement weather.

Manager Ginex said that Mr. Barber has talked with the builder, and the owner was told he needed some type of erosion control. Mr. Smith said he would prefer not to put the grass in until the sprinkler system is in. The Manager said that they could put in an erosion type fence around the property for the stormwater.

The Mayor suggested installing a black fence around the site and letting them move into their house. Then give them time to get the sprinkler system in and the grass installed.

Mr. Barber said that he understands there are exceptions in the winter time. He said if it is Council’s desire they will work with the builder to see what can be done.

Commissioner McConnell asked for clarification that the Village would not be paying for the fencing.

Mr. Barber said they will be out there tomorrow morning. The Mayor said they should be able to get the fence up right away.

2. Marilynn Gerloff, 4241 Highland, said she has been a resident of the Village since 1975. She referred to an e-mail that she sent on June 8 to the Council with a copy to the Village Manager. The e-mail concerned an incident that occurred at the June 1 Council meeting.

Ms. Gerloff thanked Commissioners Tully and McConnell for responding to the e-mail.

Ms. Gerloff said she received a response to her e-mail from a gentleman that was mentioned in her e-mail, but was not copied by her in the e-mail. She said her e-mail to the Council concerned items raised publicly at a Council meeting, and it was sent with the expectation that the Council knew the right answers and could clarify whatever doubts the public may have had. She said resident e-mails are Village business, not personal mail and as such should be treated appropriately and professionally. She asked the Council to explain how a copy of her e-mail was sent on to the gentleman in question. She said residents expect certain behavior of elected officials, and then reviewed the Pillars of Character Counts.

Mayor Krajewski said that he did not share it and did not respond to it because two of the other Council members did respond. He indicated that e-mails are subject to the Freedom of Information Act. Attorney Petrarca confirmed that they are subject to the FOIA . The Mayor said he wasn’t concerned about some of the issues raised by the person in question regarding previous Council members, but was concerned about current sitting members on the Council.

Commissioner Schnell said she did not share the e-mail. If she has to refer e-mail to staff she will forward it to the Manager and notify the sender of her action. She repeated that she did not forward it on.

Commissioner Zabloudil said he did not forward it. He has received numerous e-mails from her and he keeps them confidential.

Commissioner McConnell said she did not forward it either and that it is her personal philosophy to notify the sender as to any actions taken.

Commissioner Sandack said he did not forward it either. He said that he and Ms. Gerloff have had e-mail disputes in the past, and she has asked him never to respond to her, so he did not respond. Frankly, he said that he found her standing there lecturing the Council on the use of e-mail ironic.

The Mayor forwards some of his e-mails to the appropriate staff person if they need to be followed up on.

The Manager said he did not forward it either.

Mayor Krajewski asked Attorney Petrarca to ask Commissioners Tully and Urban whether they forwarded Ms. Gerlach’s e-mail to anyone.

3. Dr. Gordon Goodman, 5834 Middaugh, said that there will be a program tomorrow evening at 7:00 p.m. with Jean Follett to discuss historic preservation in the Village. The Mayor asked whether Dr. Goodman received his e-mail stating he would be unable to attend due to three other commitments. Dr. Goodman said he did receive it and hoped there would be others present.

5. Public Hearings

6. Consent Agenda

COR00 -01649 Claim Ordinance: No. 5535, Payroll, June 11, 2004 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01650 List of Bills Payable: No. 5530, June 15, 2004 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 , seconded by Commissioner Schnell, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski

7. Active Agenda

ORD00 -01640 Ordinance: Amend Restrictions for 15-Minutes Truck Loading Zones Sponsors: Public Works Summary of Item: This will establish a 15-minute loading zone on a portion of Highland Avenue for Station Crossing.

AN ORDINANCE AMENDING RESTRICTIONS FOR 15 -MINUTE TRUCK LOADING ZONES

ORDINANCE NO . 4592 Commissioner McConnell asked whether there was a time limit in terms of the time of day. Attorney Petrarca said there is not because of parking restrictions in that area.

The Mayor asked when this would be completed, and Manager Ginex said that he was told it would be completed before Heritage Festival.

Commissioner Schnell asked whether they will restore the sidewalk to its previous condition with the pavers. Manager Ginex said he thought they would.

The Mayor said that Station Crossing must have been given an occupancy permit, and wanted to know if they were given any time frame as to when this should be completed. Attorney Petrarca said she would look into it.

Manager Ginex said there may be some questions as to the occupancy requirements, and staff would look into it further. A motion was made, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Station Crossing, Parking Restrictions – Highland

ORD00 -01641 Ordinance: Add Parking Deck Parking Spaces to the Downers Grove Municipal Code Sponsors: Public Works Summary of Item: This will establish Parking Deck fees, permits and overlay usage.

AN ORDINANCE ADDING THE PARKING DECK PARKING SPACES TO THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4593 A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Deck – CBD , Central Business District – Parking Deck

ORD00 -01643 Ordinance: Amend Rates to be Charged for Service for the Village of Downers Grove Bus System Sponsors: Public Works Summary of Item: This will amend the commuter service bus rates.

AN ORDINANCE AMENDING RATES TO BE CHARGED FOR SERVICE FOR THE VILLAGE OF DOWNERS GROVE BUS SYSTEM

ORDINANCE NO . 4594 The Mayor said that the rates will take effect on July 1, 2004. A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Buses

ORD00 -01644 Ordinance: Amend Advertising Policies Sponsors: Public Works Summary of Item: This will amend advertising policies for advertisements appearing on Village buses, bus shelters, trash cans and billboards.

AN ORDINANCE AMENDING ADVERTISING POLICIES

ORDINANCE NO . 4595 A motion was made by Commissioner Zabloudil to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Buses

RES00 -01645 Resolution: Authorize Execution of an Agreement with the Illinois Emergency Management Agency (IEMA) Sponsors: Finance and Fire Department Summary of Item: This will authorize an agreement between the Village of Downers Grove and the Illinois Emergency Management Agency for funding in the amount of $21,487 for the Village’s Citizen Corps Program which provides auxiliary services to the Village in the event of a disaster or emergency.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS EMERGENCY MANAGEMENT AGENCY (IEMA)

RESOLUTION 2004 -33 A motion was made, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Illinois Emergency Management Agency, Citizen Corps Program

ORD00 -01646 Ordinance: Establish a Cash Balance Policy Sponsors: Finance Summary of Item: This will establish a certain cash balance policy for the Village’s fiscal activities.

AN ORDINANCE ESTABLISHING A CASH BALANCE POLICY

ORDINANCE NO . 4596 Commissioner Zabloudil thanked staff for persevering and getting this to the Village. He said that this is a policy they need to work towards to maintain the financial stability of the community.

The Mayor also thanked staff for the financial information. He said that they need to move towards this through economic development. A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Cash Balance Policy, Tax and Budget Policy

ORD00 -01648 Ordinance: Amend Certain Financial, Tax and Budget Policies of the Council of the Village of Downers Grove, DuPage County, Illinois Sponsors: Finance Summary of Item: This will amend certain financial, tax and budget policies of the Village of Downers Grove.

AN ORDINACE AMENDING CERTAIN FINANCIAL , TAX AND BUDGET POLICIES OF THE COUNCIL OF THE VILLAGE OF DOWNERS GROVE , DUPAGE COUNTY , ILLINOIS

ORDINANCE NO . 4597 A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Tax and Budget Policy

ORD00 -01647 Resolution: Authorize Agreement with the Illinois Department of Transportation Sponsors: Finance and Public Works Summary of Item: This will authorize an agreement between the Village and the Illinois Department of Transportation for traffic signal costs at the intersection of Finley Road and Brook Drive.

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION

RESOLUTION 2004 -34 A motion was made by Commissioner Zabloudil to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Illinois Department of Transportation, Traffic Signals

RES00 -01638 Resolution: Authorize Addendum to Agreement for Professional Services with Alfred Benesch & Company Sponsors: Public Works Summary of Item: This will authorize an addendum to the professional consulting services agreement dated November 5, 2002 between the Village of Downers Grove and Alfred Benesch & Company.

A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE VILLAGE OF DOWNERS GROVE AND ALFRED BENESCH & COMPANY

RESOLUTION 2004 -35 A motion was made by Commissioner Schnell to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District – Parking Deck

8. Mayor’s Report

Materials to be Received – Minutes

Liquor Commission – May 6, 2004 Local Transportation Subcommittee – May 27, 2004 A motion was made, 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 Schnell, Commissioner Zabloudil and Mayor Krajewski Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Public Services Committee

Commissioner Schnell said that the Public Services Committee met this evening, and will be holding monthly meetings to look at various aspects of the Public Works Department. This evening they discussed Fleet Services and their responsibilities to maintain the Village’s service fleet. She said they also discussed potential improvements including additional support staff on a part-time basis. It was suggested that a general clean-up of the facility is necessary, and they also discussed the possibilities if Village Hall were to be moved.

Commissioner Schnell said the Local Transportation Subcommittee will meet on June 24 at 6:00 p.m. in the Committee Room.

Finance Committee

Commissioner Sandack reported on the Finance Committee meeting. He said they discussed the potential changes in the fiscal year. He said the Finance Director is putting together a report of the results of information obtained from other communities regarding moving the fiscal year to a calendar year.

12.Council Member Reports and New Business

Commissioner Schnell said that the Character Counts Coalition will meet on June 16 in the Committee Room at 7:00 p.m.

The Mayor said that George Nicholaou and Linda Kunze have been behind the Save the Heart project, and have raised $38,000 in the past four weeks. The goal is $42,000.

The Mayor said in reviewing the Liquor Commission minutes, he noted that two Commissioners abstained from voting. He understands this if they were not present for the previous meeting. He asked the Village Attorney to look into this and the reasons for the abstentions. He wanted Commissioners to understand what are considered the reasons for abstaining.

13. Adjournment

Commissioner McConnell moved to adjourn. Commissioner Schnell seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:08 p.m