April 05, 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

Executive Session for Approval Only – March 8, 2005 Council Meeting – March 15, 2005 Workshop Meeting – March 22, 2005 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Proclamation: Mayor Krajewski proclaimed April 11-15, 2005 as Telecommunications week.

Manager Ginex then recognized Jenny Rizzo, Heather Lippe and Mary Tennyson for the work they do and the Mayor presented them with the Proclamation.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

B. Comments and Questions on General Matters

Dr. Gordon Goodman, 5834 Middaugh, said he was pleased that the Council planned to vote on the issue of trees on public parkways as part of the Tree Preservation Ordinance. He understands that this is only the first phase in addressing concerns with regard to residential redevelopment. He understood that developers have indicated to the Village that proposed changes are unacceptable, and he hopes that momentum has not been lost regarding the tree ordinance. Dr. Goodman said based on the March 15 draft ordinance, he prepared a document entitled, “Provisions dealing with trees on private propertyin the Draft Tree Ordinance tabled on March 15, 2005 that have been removed from Tree Ordinance on Active Agenda from April 5, 2005,” which he presented to the Council. He encouraged the Council to find a way to publicize the draft proposals for residential development and establish a timetable for this as well.

Mayor Krajewski said that Dr. Goodman’s reference to the one-week waiting period which is on the Agenda relates to the Sidewalk Café item. When the Council receives the final staff recommendation regarding residential development, that information will be made public. He said there are concerns regarding a negative impact on those who are remodeling, but not doing teardowns.

David Matthias, 4622 Saratoga, Matthias Builders, commented on the parkway portion of the tree ordinance saying that the existing ordinance is very good; however, enforcement is not consistent. He is concerned this ordinance will create an abundance of paperwork on a staff that is already overburdened. Mr. Matthias said this is a paperwork nightmare both for an applicant and staff. When he discussed this with staff, they could not provide an answer as to how this will be accomplished. He said they need to be able to enforce what is on the books already.

The Mayor asked if the additional paperwork is for the parkway trees, and Mr. Matthias said that was correct as it involves an arborist’s report, and a visit and assessment of the tree both at the beginning and end of the project. He said he is concerned about the enforcement because the paperwork is so burdensome. When the staff enforced last year, there was a response from the developers and they paid closer attention to tree care.

5. Public Hearings

2005-06 Budget and Proposed Five-Year Financial Plan Mayor Krajewski called the Public Hearing to order at 6:50 p.m. to consider the proposed Village Budget. Notice of this hearing was published in the Downers Grove Reporter and a certificate of publication is made a part of these proceedings. He then summarized the procedures to be followed for the Public Hearing.

Rita Trainor, Director, Financial Services, reviewed the process followed in preparing the budget document and summarized meetings held in this regard.

Commissioner Tully asked Ms. Trainor to review the changes made to decrease expenditures by $100,000 as well as further changes. Ms. Trainor said that the General Fund expenditures represent a decrease of $553,000, including $175,000 from fleet maintenance, removing the financial software project from the General Fund and placing it in the Capital Projects Fund, and moving sales tax rebate activity into a separate fund. She noted that there was also a $400,000 increase in expenditures in Capital Projects. Commissioner Tully asked about the changes on page 4 which were not discussed at the March 12 meeting.

Mike Baker, Assistant Village Manager, responded that changes reflect an increase in the Legal Department’s budget by $90,000 due to the departure of one of the attorneys. Mayor Krajewski asked if this wouldn’t equal out if someone is leaving. Attorney Petrarca said that additional money has been included for a part-time attorney. Ms. Trainor said that it represents a reduction of $50,000 and an increase of $90,000.

Mr. Baker said that in Account 197 reflects public works promotions, Police Department booking fees, out source of Plan Commission minutes. The Mayor asked if the outsourcing will turn the minutes around more quickly, and asked for a ten-day turnaround. Mr. Baker said he would check on whether that is specified. He noted that the last six items total $100,000 and represent the request by the Council to reduce that amount from the General Fund Budget.

Commissioner McConnell asked about additional revenue for police booking fees as well as smaller additional expenditures, and whether the figures were revised. Ms. Trainor said it is a more conservative figure because they do not think those revenues will begin at the start of the fiscal year.

The Mayor commented that next week the DuPage Water Commission will be voting on their budget. If they vote for a $.20 reduction, he asked whether that will be reflected in the Village’s water fund before the Council votes. Ms. Trainor said that staff will monitor this.

Mayor Krajewski then asked about the parking fund, and whether the revenue was moved. Ms. Trainor said that the revenue is still in the General Fund.

In regard to the Library Forest parking lot, Mr. Baker said that the Library Board met on this and their conclusion was to allow $100,000 to be transferred for the Library lot project. He indicated that they had another project for which they anticipated using the funds to complete a security system, which would have been an expense of about $250,000. The Mayor said the cost of the parking lot was previously quoted as $250,000, and asked where the additional $150,000 was coming from. Mr. Baker said the remainder is to be funded by the parking fund reserve. Mayor Krajewski said he would like to see the Parking Fund figures.

The Mayor asked whether they were still looking at a $3 million surplus projection. Ms. Trainor said nothing has changed. The Mayor then asked if they are still projecting a $2.2 million surplus for next year, and Ms. Trainor said they are.

Mayor Krajewski then inquired as to whether the sales tax was budgeted the same, and Mr. Baker said that they included a figure of $12.8 million for the 1% sales tax, and $4.2 million for the Home Rule sales tax. The Mayor asked for the figures for April, and the actual figures to see whether an increase has been budgeted. Mr. Baker said an updated projection would be provided to the Council upon receipt of the figures from the State.

There being no further questions or discussion, Mayor Krajewski closed the public hearing at 7:09 p.m.

6. Consent Agenda

COR00 -01900 Claim Ordinance: No. 5577, Payroll, March 18, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01901 List of Bills Payable, No. 5568, April 5, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01905 Bid: Award $178,400 to Joe Madden Ford of Downers Grove for Eight 2005 Ford Crown Victoria Police Interceptors Sponsors: Fleet Services A motion was made to Approve this file on the Consent Agenda. Indexes: Vehicle Purchases, Police Vehicles

BID00 -01906 Bid: Contract Extension to Kale Uniform Company for FY 2005 /06 for Soft Uniforms Sponsors: Police Department A motion was made to Approve this file on the Consent Agenda. Indexes: Police Uniforms

BID00 -01907 Bid: Award Police Equipment Contract to Kale Uniform Company for FY 2005 /06 Sponsors: * Police Department *A motion was made to Approve this file on the Consent Agenda. Indexes: Police Equipment

BID00 -01908 Bid: Award $23,500 to Roofs, Inc. for Replacement of Roof Section of Village Hall Facility, 801 Burlington Avenue Sponsors: Manager’s Office A motion was made to Approve this file on the Consent Agenda. Indexes: Village Hall – Roof Replacement

BID00 -01911 Bid: Award $46,250.00 to Group 1 Solutions, Inc. for Financial Software Consultant for FY 2004 /05 and FY 2005 /06 Sponsors: Finance A motion was made to Approve this file on the Consent Agenda. Indexes: Financial Software

BID00 -01909 Bid: Award $38,924.00 to Versar, Inc. for Removal of Three Underground Storage Tanks Located on the Curtiss Block Development Site Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Curtiss Block Redevelopment

BID00 -01910 Bid: Award $446,811.20 to Chicagoland Paving Contractors, Inc. for Construction of Lot B & Forest Parking Lot Improvements, Project #07-04 Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Parking Lots Passed The Consent Agenda

Commissioner Urban recused himself from a vote on the Consent Agenda due to the fact that bid items 00-01909 and 00-01910 relate to the CBD TIF district in which he has a lease hold agreement.

Mayor Krajewski asked whether it has been specified that parking lot B is to be finished before Heritage Festival. Mr. Baker said that was correct. A motion was made by Commissioner Tully, seconded by , that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Abstain: Commissioner Urban

7. Active Agenda

ORD00 -01767 Ordinance: Adopt the 2000 International Building Code Sponsors: Code Services Summary of Item: This will adopt the 2000 International Building Code.

AN ORDINANCE ADOPTING THE 2000 INTERNATIONAL BUILDING CODE

ORDINANCE NO . 4661 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: Building Code

ORD00 -01768 Ordinance: Adopt the 2000 International Energy Conservation, the 2000 International Fuel Gas and the 2000 International Mechanical Codes Sponsors: Code Services Summary of Item: This will adopt the 2000 International Energy Conservation, Fuel Gas and Mechanical Codes.

AN ORDINANCE ADOPTING THE 2000 INTERNATIONAL ENERGY CONSERVATION , THE 2000 INTERNATIONAL FUEL GAS AND THE 2000 INTERNATIONAL MECHANCIAL CODES

ORDINANCE NO . 4665 A motion was made 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: Building Code

ORD00 -01769 Ordinance: Adopt the 2000 ICC International Fire Code Sponsors: Fire Department Summary of Item: This will adopt the 2000 International Fire Code.

AN ORDINANCE ADOPTING THE 2000 ICC INTERNATIONAL FIRE CODE

ORDINANCE NO . 4662 Commissioner Tully thanked the Fire Department and Fire Prevention for meeting with and explaining the changes to the Downtown Management Board and the Chamber of Commerce. 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 Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Open Burning, Fire Code

ORD00 -01915 Ordinance: Parking Restrictions on Mochel Drive Sponsors: Public Works Summary of Item: This will adopt parking restrictions on Mochel Drive.

AN ORDINANCE ADOPTING PARKING RESTRICTIONS ON MOCHEL DRIVE

ORDINANCE NO . 4663 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: No Park – Mochel Drive

RES00 -01914 Resolution: Authorize Submittal of Grant Application to the Department of Homeland Security for the FY 2005 Assistance to Firefighters Grant Sponsors: Fire Department and Finance Summary of Item: This will authorize submittal of a grant application to the Department of Homeland Security for financial assistance for the purchase of self-contained breathing apparatus (S.C.B.A.) units with a spare cylinder, and face pieces.

A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY FOR THE FY 2005 ASSISTANCE TO FIREFIGHTERS GRANT

RESOLUTION 2005 -16 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 Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Firefighters Grant Program, Fire Department

RES00 -01916 Resolution: Authorize Execution of a Sales Tax Rebate Agreement with Saturn, LLC Sponsors: Deputy Village Manager Summary of Item: This will authorize a sales tax rebate agreement with Saturn of Downers Grove, LLC located at 1866 Ogden Avenue.

A RESOLUTION AUTHORIZING EXECUTION OF A SALES TAX REBATE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SATURN , LLC

RESOLUTION 2005 -17 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 Urban, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Sales Tax Rebate

ORD00 -01917 Ordinance: Amend Stormwater and Flood Plain Provisions Sponsors: Public Works Summary of Item: This will reduce stormwater detention volume requirements of parcels with more than 80% impervious surface area to encourage redevelopment of property.

AN ORDINANCE AMENDING STORMWATER AND FLOOD PLAIN PROVISIONS

ORDINANCE NO . 4664 Commercial Tully said that the changes will affect multi-family and commercial properties. 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: Stormwater and Flood Plain Ordinance, Stormwater Economic Redevelopment Zone

ORD00 -01891 Ordinance: Amend Chapter 24 (Trees & Shrubs) Sponsors: Public Works Summary of Item: This will make certain amendments to tree preservation requirements.

AN ORDINANCE TO AMEND CHAPTER 24 (TREES & SHRUBS )

ORDINANCE NO . 4673 Commissioner Urban moved to adopt “An Ordinance to Amend Chapter 24 (Trees & Shrubs),” as presented. Commissioner McConnell seconded.

Commissioner Sandack moved to amend Commissioner Urban’s motion and table item 00-01891, an ordinance to amend Chapter 24 (trees & shrubs), for further discussion. He said the intention is good, however, there may be unintentional consequences if this is not clarified further. Commissioner Schnell seconded the Motion.

Commissioner Schnell said she believes they need to go through this point by point and give the groups involved an opportunity for further input.

Commissioner McConnell said she is concerned that clarification be done quickly. They need to have continued oversight, however she doesn’t think that consequences exist in the Ordinance. She would prefer to table this to a date certain, as it is getting into the building season, and more questions are being raised regarding the parkway portion.

Manager Ginex asked that the Council members give him their concerns by the end of the week.

Commissioner Sandack then amended his Motion to Table this to the May 10 Workshop. Commissioner Schnell agreed to the amended Motion.

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

Mayor Krajewski declared the motion carried.

The Mayor asked for a roll call regarding Commissioner Urban’s motion as amended.

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

Mayor Krajewski declared the ordinance tabled until the May 10, 2005 Workshop meeting. Indexes: Trees and Shrubs Waive one-week waiting period to consider new business Commissioner Tully moved to waive the one-week waiting period to consider new business. Commissioner Urban seconded.

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

Mayor Krajewski declared the Motion carried.

RES00 -01919 Resolution: Authorize Execution of a Sidewalk Cafe License Agreement with Ballydoyle, LLC Sponsors: Village Attorney Summary of Item: This will authorize a license agreement with Ballydoyle Irish Pub & Restaurant to permit and regulate the operation of a sidewalk cafe on public property.

A RESOLUTION AUTHORIZING EXECUTION OF A SIDEWALK CAFE LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND BALLYDOYLE , LLC

RESOLUTION NO . 2005-18 Commissioner Tully said this license is on a temporary basis until a comprehensive policy is put in place. He sees no reason to preclude outside dining while this is being put in place.

The Mayor said he would like the policy to include all uses of public property, including decks, sidewalks, etc.

Commissioner Schnell said the Nay vote on the waiting period is that this is not an emergency situation, and she has a problem with that. She is not against outdoor cafes, but against the process in which this has been handled. This should have been Workshopped.

The Mayor agreed, saying he wondered why this wasn’t done during the winter months.

Manager Ginex responded that staff only found out about this last week.

Commissioner Tully said that this is for the same usage as last year. 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 Tully, Commissioner Zabloudil and Mayor Krajewski Nay: Commissioner Schnell Indexes: Sidewalk Cafes

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – February 23, 2005 & March 9, 2005 Liquor Commission – March 3, 2005 Public Services Committee – January 18, 2005 Stormwater & Flood Plain Oversight Committee – November 18, 2004 & January 27, 2005 Zoning Board of Appeals – February 23, 2005 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

RES00 -01904 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This is to confirm the reappointment of Richard Benes for a three-year term expiring April 30, 2008 and the appointment of Daiva Majauskas for a three-year term expiring April 30, 2008.

A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE ZONING BOARD OF APPEALS

RESOLUTION 2005 -19 Mayor Krajewski thanked Commissioner Sandack for conducting the interviews.

Commissioner Sandack said that there is a reappointment of Richard Benes who is a veteran of the Zoning Board of Appeals. He also thanked Daiva Majauskas for agreeing to serve on the Board.

The Mayor suggested that staff look at shifting some responsibilities to the Zoning Board of Appeals. 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

9. Manager’s Report

Manager Ginex said the election results will be updated on the Village Cable Station 6 later in the evening. He also announced that next week’s Workshop meeting will be held on Monday, rather than Tuesday, due to the Springfield drive-down.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

12.Council Member Reports and New Business

Commissioner McConnell said that the Partnership for a Healthier Communities met March 18. The County is proceeding with the Walk DuPage Pathways web-based program to put teams together for a sixteen-week walk. She also said that the Fire Department reported that the Ring the Bell Frequent Flyers Program will begin soon. The program will identify those who would benefit from resources other than those provided by the Fire Department. Commissioner McConnell said that the Partnership will focus on maintenance needs, and resources to deal with end of life issues under the Seniors Resources and Initiatives program.

Commissioner McConnell said the Character Counts Coalition met on March 30. They will be following up on the athletes’ forum and survey the coaches and students regarding the good sportsmanship project.

Commissioner McConnell said that the Coalition hopes to have mouse pads available at Heritage Festival. She added that the Downtown Management Seminar is scheduled for April 13. The Coalition is looking to partner with other community groups for the Awards Program. She noted also that the Police Department shared their Mission Statement with the Coalition which includes all of the Pillars of Character. She then added that as of April 25, Character Counts meetings will be moved to Monday evenings at 7:00 p.m. in the Committee Room.

Commissioner Tully thanked all of the residents who cast their votes today, and expressed good luck to all of the candidates running for local office.

13. Adjournment

Commissioner Tully moved to adjourn. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:35 p.m