February 01, 2005

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

Council Meeting – January 18, 2005 Workshop Meeting – January 25, 2005 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

William Waldack, 1409 Willard Place, said that there were many people attending the Ice Festival from out of town, including the surrounding areas as well as other States. He felt it was a good and successful festival.

Mr. Waldack then noted that he happened to walk into a sandwich sign this evening.

Regarding the Consent Agenda, Mr. Waldack noted that the Village is replacing the Aerostar with the Ford Explorer, and said that Ford now makes a Freestar. He asked, based on the Workshop discussion and usage, why they are moving to an SUV instead of the Freestar, since they could probably save money with the Freestar.

Mayor Krajewski said that the Director of Community Events conducted a survey at the Ice Festival, and information will be compiled and provided to the Village concerning the economic impact. He said that a visitor from California extended his stay in order to attend the Ice Festival.

5. Public Hearings

6. Consent Agenda

COR00 -01832 Claim Ordinance: No. 5571, January 21, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01833 List of Bills Payable: No. 5560, February 1, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01834 Bid: Award $21,800 to Joe Madden Ford for Purchase of One 2005 E85 Flex Fuel Ford Explorer Sponsors: Public Works Commissioner Tully commented regarding Mr. Waldack’s question regarding the car. He said the information provided was that the justification was for not only storage space, but also for the 4-wheel drive capability requested by the Police Department. A motion was made to Approve this file on the Consent Agenda. Indexes: Vehicle Purchases

BID00 -01835 Bid: Award $208,085 to Joe Madden Ford for Purchase of One 2005 Ford F250 Pickup and Six 2005 Ford F450 Chassis Cabs Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01836 Bid: Award 36 Month Lease to Business Machine Agents for Color Copier Sponsors: Marketing & Media A motion was made to Approve this file on the Consent Agenda. Indexes: Village Hall – Office Equipment 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

MOT00 -01810 Motion: Authorize $10,000 for Community Sponsorship of the Prairie State Games Sponsors: Community Events Summary of Item: This shall authorize sponsorship by the Village of Downers Grove in the amount of $10,000.00. The Prairie State Games are to be held June 24-27, 2005. Commissioner Urban moved to approve Village sponsorship of the Prairie State Games in the amount of $10,000. The motion failed for lack of a second. A motion was made to Approve this file. Mayor Krajewski declared the motion failed. Indexes: Prairie State Games

ORD00 -01838 Ordinance: Special Use for Illiana Financial Credit Union Sponsors: Planning and Community Development Summary of Item: At their meeting of December 20, 2004, the Plan Commission unanimously recommended that a Special use be granted for the property located at 6655 Main Street to permit construction of a drive-through banking facility.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ILLIANA FINANCIAL CREDIT UNION TO PERMIT CONSTRUCTION OF A DRIVE -THROUGH BANKING FACILITY

ORDINANCE NO . 4641 Indexes: Special Use – 6655 Main Street

ORD00 -01839 Ordinance: Rezone Property at the Northwest Corner of Ogden Avenue and Cross Street from O-R-M, Office-Research-Manufacturing, to B-3, General Services and Highway Business District Sponsors: Planning and Community Development Summary of Item: At their meeting of December 20, 2004, the Plan Commission unanimously recommended that the property located at approximately the northwest corner of Ogden Avenue and Cross Street be rezoned from O-R-M, Office-Research-Manufacturing, to B-3, General Services and Highway Business District.

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE , ILLINOIS, CODIFIED AS CHAPTER 28 OF THE DOWNERS GROVE MUNICIPAL CODE , AS AMENDED TO REZONE PROPERTY LOCATED AT APPROXIMATELY THE NORTHWEST CORNER OF OGDEN AVENUE AND CROSS STREET

ORDINANCE NO . 4642 Commissioner Tully noted that this Ordinance is in respect to Culver’s Restaurant. Indexes: Rezone NW Ogden and Cross – O-R-M to B-3

ORD00 -01840 Ordinance: Special Use for Culver’s Restaurant to Permit a Drive-Through Facility Sponsors: Planning and Community Development Summary of Item: At their meeting of December 20, 2004, the Plan Commission unanimously recommended that a Special Use be granted for the property located at the northwest corner of Ogden Avenue and Cross Street for a restaurant facility with drive-through.

AN ORDINANCE AUTHORIZING A SPECIAL USE FOR CULVER ’S RESTAURANT TO PERMIT A DRIVE -THROUGH FACILITY

ORDINANCE NO . 4643 Indexes: Special Use – Culver’s Restaurant, NW Corner Ogden and Cross

RES00 -01842 Resolution: Authorize Submittal of Grant Application to the Bureau of Justice Assistance for the FY 2005 Bulletproof Vest Partnership Program Sponsors: Police Department and Finance Summary of Item: This will authorize submittal of grant application by the Village to the Bureau of Justice Assistance for grant funding to purchase fourteen bulletproof vests in conjunction with the Bureau’s Bulletproof Vest Partnership program.

A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FOR THE FY 2005 BULLET PROOF VEST PARTNERSHIP (BVP) PROGRAM

RESOLUTION 2005 -02 Indexes: Police Department, Police Equipment

ORD00 -01843 Ordinance: Provide for the Issuance of $4,500,000 Taxable General Obligation Variable Rate Refunding Bonds, Series 2005 Sponsors: Deputy Village Manager Summary of Item: This will authorize the sale of $4,500,000.00 in taxable general obligation variable rate refunding bonds.

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $4,500,000 TAXABLE GENERAL OBLIGATION VARIABLE RATE REFUNDING BONDS SERIES 2005 , OF THE VILLAGE OF DOWNERS GROVE , DUPAGE COUNTY , ILLINOIS, AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS

ORDINANCE NO . 4644 Commissioner Urban recused himself from this motion, 00-1843, as well as Items 00-1844 regarding an ordinance providing for the issuance of not to exceed $10,000,000 general obligation refunding bonds, Series 2005 and 00-1837 regarding a motion to authorize execution of contract change order #20 in the amount of $54,406 for the Village of Downers Grove parking facility, Project #14-00 as he is a lease holder in the CBD TIF District.

Commissioner Schnell said it was nice to see a newer bank agree to take on the loan, and thanked the bank.

Mike Busse, 5472 Bending Oaks Place, said he is the President of Community Bank of Downers Grove and expressed appreciation for the opportunity to do business with the Village and to keep the work local. He said the bank would be anxious to bid on the next item as well. 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 Abstain: Commissioner Urban Indexes: General Obligation Bond Issue – Series 2005

ORD00 -01844 Ordinance: Provide for the Issuance of Not to Exceed $10,000,000 General Obligation Refunding Bonds, Series 2005 Sponsors: Deputy Village Manager Summary of Item: This will authorize the sale of $10,000,000.00 in general obligation refunding bonds.

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 GENERAL OBLIGATION REFUNDING BONDS , SERIES 2005, OF THE VILLAGE OF DOWNERS GROVE , DUPAGE COUNTY , ILLINOIS, AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT AND A BOND ORDER AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS

ORDINANCE NO . 4645 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 Tully, Commissioner Zabloudil and Mayor Krajewski Abstain: Commissioner Urban Indexes: General Obligation Bond Issue – Series 2005

MOT00 -01837 Motion: Authorize Execution of Contract Change Order #20 in the amount of $54,406 for the Village of Downers Grove Parking Facility, Project #14-00 Sponsors: Public Works Summary of Item: This will authorize execution of contract Change Order #20 in the amount of $54,406 for the CBD Parking Deck Project based upon the correction of omissions, errors, changed conditions and facility enhancements. Mayor Krajewski said that the Village Manager will be getting information to the Council on the Change Orders regarding the Parking Deck. Indexes: Central Business District – Parking Deck

8. Mayor’s Report

Materials to be Received – Minutes

Human Services Commission – January 5, 2005 Joint Meeting – Strategic Planning Committee & Plan Commission – October 4, 2004 Liquor Commission – January 6, 2005 Public Services Committee – December 21, 2004 Sign Committee – December 21, 2004 Transportation Advisory Commission – December 16, 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

Materials to be Received – Monthly Reports

New Business

The Mayor said he spoke with Commissioner Tully and the Village Manager regarding the subcommittees and rotating Council members. He also asked for comments on ways to improve the subcommittees.

Regarding the budget, Mayor Krajewski said the Fire Department overtime is expected to finish at about $440,000, which is almost $200,000 over last year’s. He said $295,000 was budgeted, $331,000 has been spent to date and $440,000 is projected. He said that they have paid out a considerable amount of money in Comp time over the past months, and asked whether it accumulates over several years.

Rita Trainor, Director, Financial Services, said the policy only allows for a one year accumulation, which is the same for all departments. She said that it is coded in the overtime account. She said represents some of the increase in overtime figures. Village Attorney Enza Petrarca said that Heritage Festival has until April of the following year to use up their comp time.

9. Manager’s Report

Manager Ginex said that February 5 and 12 will be the Budget hearings which will be aired on Channel 6 as a tape delayed program at 10:30 a.m. Residents are encouraged to attend.

He noted that the taxi coupons figures have been updated. Previously they had 1575 people on the list, which has dropped to 275 with changes in eligibility.

The Manager said that Sue Brassfield is working with Village Departments to coordinate some grant applications to support various activities. A new need was addressed for additional GPS capabilities. The Village is looking into the possibility of submitting grants to the Environmental Research Grant program.

Manager Ginex said he and Dave Barber attended the DuPage Water Commission roundtable for Managers looking at a electric reliability assessment. The Commission assessed the needs to operate the system. The probability of loss of ComEd power is low due to the redundancy of the system. They looked at extended blackout problems of 2003 in the Cleveland area and intend to plan for that type of an event. They said that 11 of the 12 utilities in Illinois have on-site backup facilities. The conclusion was that all Illinois-based water utilities have multiple incoming electrical services and on-site power generation. Options included 1) centralized electronic generation with an emergency operation which is the responsibility of the DuPage Water Commission; 2) decentralized generation with the responsibility going to charter customers; and 3) an additional reservoir. The Commission staff is recommending the centralized generation first. He noted there will be more information available in the next few weeks.

The Mayor asked where other municipalities stand on this, as Naperville seems to be opposed to this. Manager Ginex said that Naperville wants to use the monies available to reduce the charter customer rates. He said they were the only community to come out against this. The Mayor asked that Manager Ginex talk with other mayors to see where they stand on this issue.

Manager Ginex said that last week Billy Lee Warren was found guilty of the murders of Betty and Glen Schultz in May of 1978 in the Village. He said this is the culmination of dedicated police work of the Village’s Police Department and the State’s Attorney’s Office. He said that he and the Village police met privately with members of the Schultz family for over an hour, and he said it was difficult to describe the emotions of the family in expressing their appreciation to the Police for their work on this case. He noted many officers who worked on this case, and expressed his pride in the staff. Chief Bill Porter, and Chief Ray Byrne of Lombard participated in the investigation, and Chief Byrne opened the cold case that eventually led to the arrest. He said residents should be proud of the profound dedication of these men and women.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Public Safety Committee

Commissioner Urban said that Public Safety is scheduled to meet again next month. They met last month and discussed some issues with a leaking roof and kitchen problems in one of the fire houses. He noted that they also talked about the ProScan and instructed staff to send out a letter stating that the Village is not willing to have further discussions with that company. The Commissioner also stated that at the next meeting he will be sure to discuss the overtime budget with the Fire Department.

12.Council Member Reports and New Business

The Mayor reminded everyone that budget meetings begin this Saturday and asked that a brief executive summary or overview be prepared for the public.

Commissioner Zabloudil clarified that both budget hearings will be held at the Public Works facility.

Commissioner Sandack thanked the staff for their work on the Ice Festival, and Manager Ginex for his report on the Schultz case.

Commissioner Schnell urged residents to attend the budget hearing, or to e-mail suggestions to the Council members. She congratulated the Police Department on their work on the Schultz case, and thanked Mary Scalzetti and her staff for the Ice Festival.

Commissioner Tully said that the Ice Festival was well attended and he was looking forward to the results of the survey regarding non-Village residents in attendance. He reminded everyone of the budget meetings beginning next Saturday. He verified that the schedule will be available on the website. Regarding the Transportation Fund, it will be discussed at the March 8 Workshop meeting. The budget hearings will be videotaped and available for rebroadcast on the cable channel. He said he hopes it will be a more informal discussion, within reason. The Commissioner announced that the next Coffee with the Council will be held on February 19 at 9:00 a.m. at the Indian Boundary YMCA in the Milnes Room. Commissioner Tully also announced that on February 18 the YMCA will hold their Family Fitness Night which is free of charge.

As to the Standing Committees, there are three, Public Services, Public Safety and Finance & Administrative. Commissioner Tully said it is a good time for the Council to Workshop how these have been performing and if there are ways to make them more beneficial. He further mentioned that the Council previously explored an Historical Preservation Ordinance. He has looked at what is being done in other communities, and stated that one resident has already expressed interest in voluntarily submitting his home for this.

The Mayor said he attended the Chamber of Commerce dinner honoring Jim Russ as the 2004 Citizen of the Year. He said that Jim’s many activities in the Village were noted. The event was held at the Spiegel building which has a large banquet facility that is managed by the Double Tree Hotel. He said that facility is available for use by community civic organizations. The Mayor further congratulated Mary Scalzetti and her staff for the wonderful success of the Ice Festival.

13. Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section 2©(6) of the Open Meetings Act to consider the setting of a price for sale or lease; Section 2©(2) of the Open Meetings Act to consider collective negotiating matters; and Section 2©(1) of the Open Meetings Act to consider personnel. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:12 p.m