July 19, 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 William Waldack and Mayor Brian Krajewski Absent: Village Clerk April Holden Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and Deputy Village Clerk Linda Brown

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 – July 5, 2005 Council Meeting – July 5, 2005 Workshop Meeting – July 12, 2005 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Special Presentation: Heritage Festival Photo Contest Winners and 4th of July Parade Winners The Mayor said the presentations would be made at a later date.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Laurel Bowen, 829 Clyde Drive, said that it is seven months into the year and the residents are still waiting for the State of the Village report to occur. She asked if there was a particular reason why the report has not yet been made. She said it is necessary to consistently provide a report to the citizens every year and provide an opportunity for input from the citizens. She noted that the Council is now considering changing the fiscal year. Taxpayers are more concerned about fiscal responsibility and how tax dollars are spent rather than the dates it occurs.

The Mayor noted that this topic was not on the Active Agenda this evening, and asked for anyone who had comments on the item up for a vote. There being none, he proceeded to General Matters and Ms. Bowen continued her comments.

B. Comments and Questions on General Matters

Ms. Bowen said deficit spending is a real and valid concern to many who keep watch while the Council increases spending and taxes in every possible area and plans or does not plan to rebuild the Village into a new city with no dollars available. She said the public realizes that high taxes are counterproductive to economic growth, but asked whether this Village Council realizes that. She noted that the Council would be voting on more funds for sidewalks and bikeways. She asked what happened to the $100,000 that the Village applied for and received nearly ten years go to be applied to a bikeway. She said that money was misappropriated for a traffic light that backs up more traffic on Main Street north of the tracks. Whether it is grants or taxes, it still is the residents’ money. She said the Village should concentrate on balancing the budget first, and maintaining what has already been built, and what the Council is required to keep up for the citizens, such as the entire infrastructure of roads and sewers. She suggested they get back to the basics of elementary math and not spend money that they don’t have.

The Mayor said that he is not sure where all those comments came from, but stated that last year at April 30 the budget projected a surplus of $1 million, which is revenue over what has been spent. It was a good year based on what staff had done over prior years in economic development, and the year finished out with a $4 million surplus over expenses. He said another $400,000 was allocated to infrastructure. He said he reviewed the report for May and June and expenses are being kept on line, with revenues coming in higher. Sales taxes are ahead of budget as well. He said that income tax levies are ahead of budget as well.

As for the State of the Village, the Mayor said that Doug Kozlowski will be asked to put out information to the public on what the Village is planning. He said the State of the Economy will be first and asked the Deputy Village Manager to report on it.

Deputy Manager Fieldman said that the staff work is being finished up and will be ready for discussion in August. The Mayor said they also discussed having a permanent State of the Village after the end of the fiscal year. That will be determined on the Council’s decision regarding the fiscal year.

5. Public Hearings

6. Consent Agenda

COR00 -02028 Claim Ordinance: No. 5593, Payroll, July 8, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02029 List of Bills Payable: No. 5582, July 19, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -02030 Bid: Award $304,250.85 to A&R Cement for 2005 Sidewalk Improvement Project Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Sidewalk Improvements 2005

AGR00 -02031 Contract: Authorize Contracts with DJ Loftus and Associates, LLC , and CM Lavoie and Associates for 2005 Sidewalk Survey Services Sponsors: Public Works Summary of Item: DJ Loftus & Associates, LLC – four segments – $14,730 CM Lavoie & Associates – three segments – $5,160 A motion was made to Placed on Consent Agenda this file on the Consent Agenda. Indexes: Sidewalk Matrix, Sidewalk Improvements 2005

BID00 -02032 Bid: Award Contract Not-to-Exceed $2,186,673.91 to K-Five Construction Company for 2005 Resurfacing Program, CIP Project ST-004 Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Street – Resurfacing

RES00 -02033 Resolution: Authorize an Amendment to a Grant Agreement with the Illinois Environmental Protection Agency Sponsors: Finance Summary of Item: A RESOLUTION AUTHORIZING AN AMENDMENT TO A GRANT AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

RESOLUTION 2005 -49 A motion was made to Pass this file on the Consent Agenda. Indexes: North Belmont Park Watermain

RES00 -02034 Resolution: Authorize Submittal of Application to the Illinois Department of Transportation (IDOT) for the Illinois Transportation Enhancement Program Sponsors: Finance and Public Works Summary of Item: A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) FOR THE ILLINOIS TRANSPORTATION ENHANCEMENT PROGRAM

RESOLUTION 2005 -50 A motion was made to Pass this file on the Consent Agenda. Indexes: Bikeway Plan

RES00 -02035 Resolution: Authorize Execution of an Agreement with the Illinois Law Enforcement Alarm System Sponsors: Police Department and Finance Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ILLINOIS LAW ENFORCEMENT ALARM SYSTEM

RESOLUTION 2005 -51 A motion was made to Pass this file on the Consent Agenda. Indexes: Illinois Law Enforcement Alarm System

AGR00 -02036 Contract: Authorize Contract with M. Stevens & Company, as General Contractor, for the McCollum Park Satellite Maintenance Facility Sponsors: Public Works Summary of Item: This is for construction of building foundation and enclosed primary metal structure for the McCollum Park Satellite Maintenance Facility A motion was made to Placed on Consent Agenda this file on the Consent Agenda. Indexes: McCollum Park-Satellite Maintenance Facility 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 Waldack and Mayor Krajewski

7. Active Agenda

ORD00 -02038 Ordinance: Amend Building Permit Fees Sponsors: Deputy Village Manager Summary of Item: This will amend the building code to reduce the building permit fees for construction within an existing commercial building.

AN ORDINANCE AMENDING THE BUILDING PERMIT FEES

ORDINANCE NO . 4698 Commissioner Tully said this ordinance will reduce the building permit fees for construction within an existing commercial building, specifically as it relates to tenant build outs. 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 Waldack and Mayor Krajewski Indexes: Building Permit Fees

8. Mayor’s Report

Materials to be Received – Minutes

Liquor Commission – June 2, 2005 Parking & Traffic Commission – May 11, 2005 Plan Commission – June 6, 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 Waldack and Mayor Krajewski Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

Manager Ginex said the County will do the mapping for Carol Street, and staff has sent out requests for bids regarding the floodplain map. Those bids are expected to come in tomorrow.

The Manager said the Fire Department was notified that MABAS Division 16 was awarded a $200,000 grant for training props for the Illinois Terrorism Task Force consisting of a vertical rescue tower and a structural collapse rescue simulator. The Village has been asked to be the home base for the simulator, and he will report back as this progresses.

Manager Ginex said that Mary Scalzetti attended the Texas Festivals and Events Association Conference last week. She was invited to attend and provided them with the methodology she used for the Ice Sculpture festival.

The Manager said that Local Laughs is produced by the Village Cable Television and will be on this week showcasing comedic talents of 11 area comics. It is hosted by Mary Scalzetti. Local Laughs was shot entirely in front of a blue screen with special effects edited in. He said the complete schedule will be aired on Channel 6.

The Manager said he provided the Council with a packet concerning the Belmont Grade Separation process. He and other staff met to discuss the railway bridge, stairwells, pedestrian tunnels and ramps. He recommended that the Council specifically review page 12 showing the planned underpass tunnel, and page 14 showing the tunnel ramp painted white. Most of the photos are taken from existing locations. Page 23 shows the shelters, which will continue the look of the Main Street and Fairview stations. He pointed out page 32 showing the liners for the underpass with a faux stone design. Manager Ginex reviewed additional highlights. He said that nothing was given to him that could be placed on the website as yet. He noted that they need to accelerate the decisions on this, and the information will be placed on the website as soon as possible.

The Mayor said that the Railroad Task Force met and will have bid documents ready to go out at the end of the year. The Intergovernmental Agreement between IDOT , the County and METRA expires by October. They will be amending that agreement to extend the time frame. He noted that the ICC Funding is in the 2009 budget. He indicated that METRA and IDOT will encourage more state money for transportation once the federal government finalizes its plan and budget.

The Mayor asked staff to check with the County regarding Carol Street and letters for residents to use with their insurance companies regarding the floodplain status. It will still take time to amend the map, but it is expected that most of the houses will not be in the floodplain.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Public Safety

Commissioner McConnell said Public Safety would meet next Tuesday to discuss Fire Department and fees.

Finance

Commissioner Tully said that Finance and Administration met this evening and discussed the non-union compensation plan within the Village. Some recommendations have been made by staff to implement a better pay for performance concept. The discussion will continue with a recommendation coming to Council. They may meet again next Tuesday at 5:30, although that time has not been confirmed.

12.Council Member Reports and New Business

Commissioner McConnell said that the Partnership for Healthier Communities met last week. The DuPage County Health Department Walk DuPage initiative has 40 partners and they are aiming for 150,000 people over a three-year period to participate. She said starter kits are available at Good Samaritan Hospital. There will also be some school activities incorporated into the program.

The Senior Subcommittee is looking at four programs, such as Medicare Part D pharmacy coverage, Healthy Aging, Financial Issues, and Independence and Socialization. More information can be obtained by calling Village Hall.

Commissioner McConnell said that Character Counts mouse pads are available at Village Hall. They will be holding their pancake breakfast on October 29. The Passport for Safety update will be held on September 24, and the Silent Parade will be on October 14. Family Shelter services had a positive interaction with the Police Department. They will have their Educational Breakfast on Domestic Violence on October 7 with Senator Obama as the guest speaker.

Commissioner Tully said that last month the United States Supreme Court issued a decision involving New London, Connecticut in regard to what constitutes a public use for purposes of government exercising eminent domain. It has garnered a great deal of media attention, including an article in the Chicago Tribune. The Court opinion defines public use very broadly, because of the broad definitions in place in the New London, CT statutes. Justice Stevens said nothing in the opinion precludes any state from placing further restrictions on the issue. Illinois has a more restrictive statute. He said that there was a report by the U.S. House of Representatives following this decision approving a resolution encouraging states and cities never to use eminent domain to the advantage of one private property owner over another. He is not suggesting that there is a need to impost restrictions, but suggested the Council may want to consider looking at the Illinois limitations. If they are comfortable with the restrictions presently in place that is fine, but it is an opportunity to review this issue and perhaps do something on the leading edge.

Mayor Krajewski asked staff to see whether the Village cut the check for the DuPage Seniors Meals-on-Wheels. He also asked about the Good Samaritan Hospital sidewalk issue. Dave Barber, Director, Public Works, said they are monitoring the sidewalk along Highland, and have sent a letter to the Project Manager.

13. Adjournment

Commissioner Tully moved to adjourn. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:04 p.m