October 05, 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 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 – September 7 &14, 2004 Council Meeting – September 21, 2004 Workshop Meeting – September 28, 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

There were none.

B. Comments and Questions on General Matters

1. Ken Lerner, 4935 Whiffen Place, invited the Council, staff and residents to a forum on home rule to be held at the Library on Saturday at 10:00 a.m. There will be three speakers including Terry Pastika of the Citizen Advocacy Center in Elmhurst, David Kelley of National Taxpayers United of Illinois, and Commissioner Marilyn Schnell.

2. Chris Fregeau, 1918 Elmore, said she is Vice President of the Education Foundation of District 58. She recently chaired a small committee for the Kelly Miller circus fundraiser. She said more than 3,000 families were brought together by the circus event. It was a huge success and was entirely sold out for both performances. She expressed thanks on behalf of the Board of Directors to the entire community, including sponsors, and attendees for their support. They will be distributing $6,500 in Trustee Awards to the 13 District 58 schools. In addition they are presenting the District with a $10,000 grant to enhance the new Reading curriculum, and approved funds for a Little Sprouts program. Ms. Fregeau said that the Mayor was generous to the event and the Council helped enormously in this project. Manager Ginex and the staff provided invaluable support to coordinate the event. She further acknowledged the support of Rick Ginex, Mary Scalzetti, Doug Kozlowski, Dave Barber, Lt. Budds, John Tucker, and the members of the Police and Fire Departments.

Mayor Krajewski thanked the Foundation for all of their work.

3. Patty Jeka, 1961 Elmore, said she has e-mailed some of the Council members and the Mayor about an issue regarding ice cream vendors, the companies who employ them, and their failure to provide adequate background checks on their employees. She said the issue was raised by a Channel 5 report who interviewed drivers of these ice cream trucks. Four of the drivers interviewed had DUI convictions, and two had assault arrests. Ms. Jeka said the issue is responsibility. A response from the Manager said there was no policy in the Village for required background checks. She then contacted Dave Savina of Channel 5 for a copy of the video. She also contacted Attorney Perez regarding what companies are allowed to vend in the Village, what policy was in place to prevent convicted felons from operating a vehicle here in the Village, what legal rights the residents had to obtain information on vendors, and how she finds out which companies can vend in the Village. Ms. Jeka said Attorney Perez told her that she should contact the specific vendors to obtain that information, and go through the Court to obtain information on specific vendors. Ms. Jeka also contacted the Mayor of Melrose Park who discussed measures implemented in their Village to deter this activity. They issued over 100 tickets to vendors violating the safety checks instituted in Melrose Park. She stressed that her attention is to appeal to the sense of good judgment of the Council in regard to the vendors. Ice cream vendors drive up and down the streets, soliciting children. The drivers have direct contact with Village children. She hoped that the Village would open up a dialogue on this issue.

Mayor Krajewski said that the Council is looking into business licenses because they do not know all of the businesses in the Village. He said they may look at banning ice cream vendors. The Village hopes that employers will do background checks on their employees. That could also involve taking on day care and places where children may hang out. Regarding the ice cream vendors, he said that the possibility of issuing tickets for the noise nuisance, or being near schools, could be studied as well. The Council is aware of the issue and will follow up further.

Ms. Jeka said that the people who are hiring these drivers are not conducting background checks either, because it is less expensive to hire without the background checks.

4. Tom Schuma, 2212 Prentiss, said he moved a year ago due to the Belmont underpass, and asked when it would be started.

Mayor Krajewski said that the USEPA just issued the final report of contamination testing stating the issue has been resolved. The ICC has issued five-year funding for the underpass, starting in 2009. He also stated they are waiting for state funds as well to be released.

Mr. Schuma mentioned it because he said that there were several times that he saw paramedics stopping suddently at the intersection and hopes that people move ahead on this.

5. Public Hearings

6. Consent Agenda

COR00 -01732 Claim Ordinance: No. 5549, Payroll, September 17, 2004 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01733 List of Bills Payable: No. 5544, October 5, 2004 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01736 Bid: Award $35,399.00 to Patten Industries, Inc for One Caterpillar CB-334E Double Drum Articulated Vibratory Compactor and Trailer Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works – Equipment

BID00 -01737 Bid: Award $102,147.46 to Dell for Computer Replacement Program Sponsors: Information Services A motion was made to Approve this file on the Consent Agenda. Indexes: Computers Passed The Consent Agenda

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

7. Active Agenda

ORD00 -01738 Ordinance: Amend Two-Hour Parking Restrictions Sponsors: Police Department Summary of Item: This will establish certain parking restrictions at Village Hall and the Police Department.

AN ORDINANCE AMENDING TWO -HOUR PARKING RESTRICTIONS

ORDINANCE NO . 4617 Commissioner Urban recused himself as he is a lease holder in the CBD TIF District. A motion was made by Commissioner Tully to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Parking Restrictions

ORD00 -01739 Ordinance: Establish Certain Fees for Parking Deck Debit Cards Sponsors: Deputy Village Manager Summary of Item: This will establish fees for parking deck debit cards.

AN ORDINACE ESTABLISHING CERTAIN FEES FOR PARKING DECK DEBIT CARDS

ORDINANCE NO . 4618 Commissioner Urban recused himself as he is a lease holder in the CBD TIF District.

The Mayor said that the parking deck is now open. After 3:00 p.m. the deck is free. The 250 spots on the lower level is for 4-hour shopper parking. There are 250 spots in levels 3 and 4 for daily commuters at a cost of $3.00 per day. The top floors are for commuter overlay and employees.

Commissioner Tully said that there have been questions regarding the use of the deck. Some of the commuter lots will be displaced, but not everything has been determined as yet. He suggested that the Council and Village be proactive as to what the people can expect in regard to use of the deck.

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 Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District – Parking Deck

ORD00 -01740 Ordinance: Approve Amendments to Planned Development #17, Permitting the Construction of an Addition to the Existing Portillo’s Restaurant Building Sponsors: Planning and Community Development Summary of Item: At their meeting of August 16, 2004, the Plan Commission recommended approval of an amendment to Planned Development #17 to permit the construction of a 1,201 square foot addition, drive-through, and site modifications for the Portillo’s Restaurant located at 1500 Butterfield Road.

AN ORDINANCE APPROVING AMENDMENTS TO PLANNED DEVELOPMENT #17, PERMITTING THE CONSTRUCTION OF AN ADDITION TO THE EXISTING PORTILLO ’S RESTAURANT BUILDING

ORDINANCE NO . 4619 Mayor Krajewski thanked Portillo’s for their efforts in Downers Grove. 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 Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Planned Development #17-Portillo’s

RES00 -01741 Resolution: Authorize a Second Addendum to an Agreement for Professional Services with Alfred Benesch & Company Sponsors: Public Works Summary of Item: This will authorize a second 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 A SECOND ADDENDUM TO AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE VILLAGE OF DOWNERS GROVE AND ALFRED BENESCH & COMPANY

RESOLUTION 2004 -62 Commissioner Urban recused himself as he is a lease holder in the CBD TIF District.

The Mayor asked staff if a report will be presented soon and was told it would be. 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 Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District – Parking Deck

RES00 -01742 Resolution: Authorize an Addendum to an Agreement for Professional Services with Kane, McKenna & Associates Sponsors: Planning and Community Development Summary of Item: This will authorize an addendum to the professional consulting services agreement dated August 7, 2001 between the Village of Downers Grove and Kane, McKenna & Associates.

A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE VILLAGE OF DOWNERS GROVE AND KANE , MEKENNA & ASSOCIATES

RESOLUTION 2004 -63 Commissioner Urban recused himself as he is a lease holder in the CBD TIF District.

The Mayor asked whether they are at $70,000 now. The Manager said he would look into this. A motion was made by Commissioner Zabloudil, seconded by Commissioner Tully, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Central Business District TIF

ORD00 -01743 Ordinance: Issuance of Permits and Licenses Sponsors: Village Attorney Summary of Item: This will establish guidelines for the issuance of any permit or license.

AN ORDINANCE CONCERNING THE ISSUANCE OF PERMITS AND LICENSES

ORDINANCE NO . 4620 Commissioner Tully said this would authorize the Village to withhold permits, licenses, etc., if there are outstanding fees, fines, assessments, or penalties. It also gives the Village the authority to revoke or rescind permits. A motion was made by Commissioner Tully, 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 Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Permits, Licensing Provisions

MOT00 -01744 Motion: Extend the Term of the Performing Arts Study Commission Sponsors: Village Attorney Summary of Item: This will extend the term of the Downers Grove Performing Arts Study Commission for an additional three (3) months. Commissioner Urban recused himself as he is a lease holder in the CBD TIF District.

Commissioner Tully said that the Performing Arts Study Commission was asked to look at the need for a performing arts center and where it would be located. The Commission has been working hard on this project, and their work is almost done. They are in the process of preparing a report and this extension will allow them to complete it. A motion was made, seconded by Commissioner Schnell, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Performing Arts Study Commission

ORD00 -01682 Ordinance: Prohibit Truancy Sponsors: Police Department Summary of Item: This will establish penalties for truancy.

AN ORDINANCE PROHIBITING TRUANCY

ORDINANCE NO . 4621 Commissioner Tully said that this proposed ordinance was brought to the Council by a police officer from the Village. Districts 58 and 99 have had the opportunity to review this. Manager Ginex said that he spoke with Superintendent Dave Eblen, and representatives of both Districts met with the Village to review the plan. The schools and boards have concurred with this action. 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 Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Truancy

8. Mayor’s Report

Materials to be Received – Minutes

Liquor Commission – September 2, 2004 Plan Commission – July 19, 2004 & August 2, 2004 Sign Committee – September 9, 2004 & September 16, 2004 Zoning Board of Appeals – July 28, 2004 A motion was made by Commissioner Tully, seconded by Commissioner Urban, 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 Tully, Commissioner Zabloudil and Mayor Krajewski

New Business

The Mayor asked the Village Clerk to read a resolution appointing members to Boards and Commissions.

RES00 -01745 Resolution: Appointments to Boards and Commissions Sponsors: Village Attorney Summary of Item: This is to confirm the reappointment of Alan Jirik as Chair of the Plan Commission.

A RESOLUTION REAPPOINTMENT OF ALAN JIRIK AS CHAIR OF THE PLAN COMMISSION

RESOLUTION 2004 -64 A motion was made by Commissioner Tully, 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 Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Boards and Commissions Materials to be Placed on File

9. Manager’s Report

Manager Ginex said that the deck is wonderful, and he thanked the staff for all of their hard work.

Dave Barber has been nominated to serve on the American Public Works Metro Chapter as Chapter Treasurer. He serve in the Ohio Chapter at one time. He congratulated Dave.

On September 24, the Manager attended a luncheon at the Suburban Law Enforcement Academy celebrating their 10th anniversary. The first class graduated in 1994, and since then over 1300 police officers have graduated from that program. He reviewed the achievements of the graduates and the academy and said he is proud that the Village is part of it.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Commissioner Zabloudil said the Finance Committee discussed an audit update and are looking at the fixed assets issue. There are some formatting issues to address. They discussed the budget process and soliciting citizen input. He added that there will be information in the packets to the Council this weekend for their commentary. Commissioner Zabloudil said that the final item discussed was information regarding an ordinance concerning sales tax reporting.

12.Council Member Reports and New Business

Commissioner Schnell announced that Character Counts will meet for a pancake breakfast on October 30 at Ballydoyle’s restaurant from 8:00 a.m. – 11:00 a.m., which is the same day as the Rotary Window Painting event. She then thanked the Staff, Manager, Dave Barber, and Mike Millette for all their work on the parking deck.

Commissioner McConnell echoed thanks to the staff for work on the deck. It looks great. She announced that Passport for Safety occurred last Saturday and was a great example of partnership. Officer Patty was there with Edith the Fire Clown, as well as representatives of Character Counts. She brought the Council magnets from Character Counts and forms for submitting names for recognition of those who exhibit one of the pillars in a positive way.

Commissioner McConnell announced the Silent Parade and the Open House at Fire Station 5. Manager Ginex said the parade would pass through Downers Grove at Main and Maple at about 7:00 p.m. The ceremony will be held in Lisle this year.

Commissioner Tully announced that the Coffee with the Council has been a long-standing tradition in the Village. It traditionally has been held at the Chamber of Commerce or the Farmers’ Market. The Council has decided to take it to different parts of town. This was inspired by an experiment conducted by School District 58 that was well received. The locations are on the website, cable station, and an e-newsletter. The schedule is:

October 16, Fire Station #5, 6701 Main Street November 20, Downers Grove Public Works Facility December 18, Downers Grove Public Library January 15, American Legion Post 80 February 18, Indian Boundary YMCA

Other possible locations are the District 58 Administrative Center, Downers Grove Park District Recreation Center, and Immanuel Residences.

The Commissioner announced that the Farmers’ Market will come to an end on October 9. There will be a pancake breakfast and music. It is sponsored by the YMCA . Money raised will go to the YMCA .

Commissioner Tully said that the Downers Grove Noon Lions Club fundraiser will take place on October 7, 8, and 9, and most of the funds will be brought back into the Village.

Mayor Krajewski welcomed the Deputy Lord Mayor of London and one of their Tourism Events Coordinators. They will arrive on Thursday night and meet with Mayors Krajewski, Murphy, and Saldato. The Downers Grove South band will be present. It is the Deputy Lord Mayor’s tradition to invite bands to come and play in the New Year’s Parade in London.

The Mayor congratulated everyone involved in the parking deck. The opening was on Friday. He asked whether the studies on the deck were buried in the deck. Former Commissioners Sisul, Gilbert, and Carlson were in attendance at the opening. He received an e-mail from former Mayor Betty Cheever offering her congratulations as well. The Mayor then named the former and present staff and Village Managers who were involved in the deck’s completion. He added that Senators Dillard, Cronin, and Representative Bellock worked hard toward securing funds for the deck, but the Governor has failed to release the funds in the amount of $550,000. He asked the residents to e-mail the Governor to release the $550,000 of the Illinois First grants which were secured by the Legislators for the Downtown Parking Deck. The facility is the cornerstone of economic development, and the State seems to be releasing funds for economic development. Illinois funding was pledged for the parking deck and was an integral part of the planning for the deck. He encouraged residents to e-mail the governor personally at Governor@state.il.us.

The Mayor then congratulated the Rotary Club on Octoberfest, and mentioned that Harvest Days were very successful.

13. Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section 2©(1) of the Open Meetings Act to consider personnel and pursuant to Section 2©(6) of the Open Meetings Act to consider setting of price of Village property. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:27 p.m