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September 28, 2004

Mayor Krajewski called the Workshop meeting of the Village Council of the Village of Downers Grove to order at 6:30 p.m. in the Council Chambers of the Village Hall.

Present:Mayor Brian Krajewski; Commissioners Marilyn Schnell, Sue McConnell, Martin Tully, Mark Zabloudil, Ron Sandack, Stan Urban; Deputy Village Manager Dave Van Vooren; Village Attorney Enza Petrarca; Village Clerk April Holden

Absent:Village Manager Riccardo Ginex

Visitors: Press: Joe Maier, Downers Grove Sun Residents: Linda Kunze, Ross Johnson, Downtown Management, 1015 Curtiss; Sara Davis, Benesch & Associates; Jane Amorosi, 5742 Dearborn Parkway; Andrew Clark, 1226 62nd Street; Mike Kubes, 5538 Lyman; Gloria Walsh-Rock and family, 6212 Lyman; Vito DiPietra, Portillo’s Hot Dogs, 2001 Spring Road, Oak Brook Staff: Mike Baker, Assistant Village Manager; Dave Barber, Director, Public Works; Andrew Matejcak, Director, Social & Health Services; Stan Balicki, Assistant Director, Public Works; Keith Sbiral, Planner; Bill Herman, Assistant Director, Information Services; Doug Kozlowski, Director, Marketing & Media; Joe Skach, Director, Planning & Community Development; Mike Millette, Assistant Director, Public Works

Mayor Krajewski explained that Council Workshop meetings are held the second and fourth Tuesdays at 6:30 p.m. The meetings are video taped live and for later cable cast over cable channel 6.

The Workshop meeting is intended to provide Council and the public with an appropriate forum for informal discussion of any items intended for future Council consideration or just for general information. No formal action is taken at Workshop meetings.

The public is invited to attend and encouraged to comment or ask questions in an informal manner on any of the items being discussed or on any other subject. The agenda is created to provide a guideline for discussion.

Mayor Krajewski announced that Walgreen’s new proposal has been removed from the Agenda at Walgreen’s request.

Deputy Village Manager Van Vooren said that one item which was omitted from the Agenda was the monthly update on the status of the Parking Deck. He asked Dave Barber to update the Council.

Dave Barber , Director of Public Works, said this should be the last report, with opening ceremonies for the deck at 11:00 a.m., Friday, October 1, 2004. He said the deck will open for parking on Friday. There will be free parking in the deck on the weekend. Signs will be posted so people know that the parking is available. Daily fees go into effect on Monday. He said that Access Parking Pay System staff will be at the train stops to demonstrate the new units and will be at the parking deck on Monday. He noted that they will not be ticketing for a while, unless there are blatant violations. Transitioning will start on Friday. Testing on the generator and fire system is ongoing.

The Mayor asked about the sale of overlays in the morning, and whether they will receive information about the dailies. Mr. Barber said a flyer has been prepared and handed out. He then asked whether the Village has heard from METRA .

Village Attorney Enza Petrarca said they expect to receive revisions from METRA tomorrow.

Regarding the shopper parking, Mr. Barber said that the lower levels will have four-hour parking. In addition, Dorin Fera has been getting signs prepared.

Sara Davis , owner’s representative, informed the Council that construction is nearly complete, with minor punch list items to be completed over the next few weeks. She said that there will be change orders and some still need to be reviewed. Ms. Davis said that they are at 3% of the 5% contingency, and expect to be 1% under budget.

The Mayor asked whether the fees under dispute are included in the 1%. Ms. Davis said they were and if the money is collected from Turner, it will be more than 1% under budget.

Mike Millette , Assistant Director, Public Works, informed the Council that they have been collecting liquidated damage funds since June 30.

Commissioner McConnell congratulated everyone for getting this done, and asked for a quarterly report on usage of the deck. Mr. Barber said they plan to provide that information at least monthly at first, and will be working with the Transportation Advisory Committee (TAC) as well.

The Mayor said that there will have to be more discussion as to the actual parking use.

Commissioner Tully said it is exciting to see this reach completion. He then asked for more information on the change orders. Ms. Davis said one would be for $20,000 and one for $6,000, with others still under review. There are about 30 items, some of which have no cost attached yet. The total number includes requests for costs for Turner’s extra time on the job, which are going to be rejected since they are excluded by the contract. The present amount is $288,000, and she expects that less than $80,000 of that will be approved.

Commissioner Tully then said there will probably be an immediate review of the use of the deck. With the input of the TAC , there will be some fine-tuning of the utilization of the deck as well.

Commissioner Schnell noted that Oktoberfest is this weekend, and asked whether people know that the deck will be opened. She said they should place signage for the public. Mr. Barber said that staff will make sure the people know and signs will be up.

Mayor Krajewski said that the Rotary Club is aware the deck will be open, and the newsletter invited all residents to come downtown for Harvest Day, the Oktoberfest, and the opening of the deck.

Commissioner Sandack asked whether the punch list items are developed. Mr. Millette said there are several lists. Ms. Davis added that one requirement in closing the official construction is that Turner respond with their list and dates as to when the items will be completed.

Commissioner McConnell asked whether the businesses in the CBD are aware of the parking availability. Mr. Barber said staff has worked with the Downtown Management Board. Also Brian Parks spends a good deal of time downtown and will be informing people.

The Mayor asked the status of the big stones, and Mr. Millette said they are in the back of the lot at Village Hall.

Mayor Krajewski asked if there will be parkway trees placed on the island, and Mr. Barber said that the grass goes in first and then they will look at the need for trees in the spring, since it is a narrow island.

The Mayor then thanked Mike, staff and Sara Davis. This is a big project and to have it brought under budget is wonderful. He commended them for their work.

Ross Johnson of the Downtown Management Board, 1311 Gilbert Avenue, thanked the Village for the outstanding job that was done with beautiful results. He wants to emphasize that the purpose was to provide parking for shoppers and employees. The Downtown Management Board is committed to working with the employers and employees to make this happen. Currently there are 1500+ employees in the downtown area. He urged the Council to be patient while getting the employees to use the deck and not to move in more commuters. He also reminded the Council that with the Curtiss Block development and subsequent loss of parking in the Grove Street lot results in about 160 spaces lost. It is imperative that spaces be provided for those using those areas to park. It will take time for the use of the deck to become regulated. He said it is a beautiful accomplishment.

Mayor Krajewski said that METRA is giving the Village $1.8 million for 250 daily commuter spots. The Downtown Management Board is discussing the extension of the SSA , and if that does occur, those revenues will be substantial. The question arises as to whether they are comfortable giving METRA 250 spots when many of those commuters will be from out of town. He asked if the Council was comfortable with signing the METRA agreement, since they have been dragging their feet on this.

Commissioner McConnell asked how many parking spaces will be needed for employees.

Commissioner Sandack said they have been waiting for the document from METRA for some time. It may be to the Council’s advantage to hold off on signing it until we know our need.

Commissioner Schnell said that they need to analyze all of the data.

Mayor Krajewski said that the businesses are open to the extension of the SSA . This would generate considerable income over the life of the TIF .

Mr. Johnson said he understands the METRA agreement is to provide a certain number of spaces in the downtown area, not in the deck.

The Mayor said that the baseline of spaces is 700. They can put the METRA spaces anywhere, but this agreement is specific to the deck as to daily spots. It is a permanent agreement for 250 spots. He noted that they were under the assumption that the SSA would expire in two years.

Attorney Petrarca suggested taking it off the Workshop. She added that she expects the agreement to arrive in the morning. The Mayor agreed and instructed Ms. Petrarca to tell METRA that more time is needed for review. He clarified that the money was expected up front in one check.

MANAGER

Bids:

Asphalt Compactor. Deputy Village Manager Van Vooren asked Stan Balicki, Assistant Director, Public Works, to address this item.

Stan Balicki , Assistant Director, Public Works, said this is the replacement of an existing piece of equipment and came in under budget. In response to the Mayor, Mr. Balicki said the budget account is for the compactor and the trailer.

Computer Replacement Purchase. Deputy Village Manager Van Vooren said they are looking to replace about 102 computers, and are using State bid. The estimate was $120,000 with the bid coming in at $102,000. The Mayor asked whether they could do better by calling Dell.

Bill Herman , Assistant Director, Information Services, said no, it would be just the opposite. The Mayor then asked what they do with the old computers. Mr. Herman said some go to Public Works, some going to the resource centers, etc. He said they have no resale value, but they can look into other opportunities.

Ordinance re: Two-hour Parking Restrictions . Deputy Village Manager Van Vooren said that the Village Code does not have an ordinance to support the parking restrictions in front of Village Hall. The Mayor asked about the signs on Rogers, and Attorney Petrarca said that would be on the next Workshop.

Parking Debit Card Fee. Deputy Village Manager Van Vooren stated that one method for commuters to use the daily fee system is through Access Parking Pay System using a debit card. They are asking for a $3 one time fee for the purchase of the debit card. The cards can be refilled. The cards will be available for purchase at the Main Street train station and can be refilled at machines in the parking deck.

Commissioner McConnell asked if they be charged the $3.00 fee again if the card is thrown away. Deputy Village Manager Van Vooren said they would be charged again.

Commissioner Tully asked what the experience is with this system. Mr. Barber said he had personal experience with this system in another Village. This card can be recharged at the machine at the parking deck. Debit cards are faster to work with than cash. He thinks those that use the deck regularly will prefer them to cash. The Village may want to expand the use over time at the facilities at Belmont.

Commissioner Tully said with the Access people on the site for the first few weeks, it might be a good idea to do a video to put on cable demonstrating how the system works. Mr. Barber said they could do it now, or have one of the staff trained to use the system do it at a later date.

The Mayor asked about the type of machine. Mr. Barber said there are two different machines. One will be at the train station whereby a commuter inserts $20 and received $17 for the parking, since the card costs $3. The machines at the deck have a separate button for recharging. As to the capacity, Mr. Barber said it is set up so that on the daily fee you can put in coins or a dollar bill. If you put in a $50 bill you will get $50 worth of parking. There will be no change given at the machines.

Plan Commission Recommendation: Portillo’s Special Use. Deputy Village Manager Van Vooren asked Joe Skach, Director, Planning and Community Development, to address this item.

Joe Skach , Director, Planning and Community Development, said the restaurant is located in the Butterfield Plaza shopping center and Portillo’s is proposing a 1,200 square foot expansion to their space for logistic space and an additional 77 seats. They are requesting an amendment to PD #17, and there are no variations requested. He said the expansion area is located at the southwest portion of the facility. Discussion was held on traffic issues, and the petitioner has worked to come up with an acceptable solution to the traffic issues regarding queuing and stacking. Mr. Skach said that Public Works concurs with the solutions presented. He noted that the petitioner is also providing additional landscaping to the site. The Plan Commission heard the petition on August 16, and has made a positive recommendation for approval.

The Mayor asked about the island at the upper left corner and Mr. Skach said that it is an existing island.

Commissioner Schnell questioned how the two lanes going into one will work, particularly with people who may be hurrying in and out.

Vito DiPietra , of Portillo’s, 2001 Spring Road in Oak Brook, said that this particular plan exists in six of their locations. There is a high level stackability, as they put in a double stack lane. A specific employee weaves the cars through, and two runners go to the cars in queue to deliver their food. Without someone weaving the traffic through, the system doesn’t work.

Commissioner Schnell asked how close they are to meeting the greenspace requirement for the shopping mall. Mr. Skach said in this case it was nominal. The Commissioner then asked what direction the stacked cars will go. Mr. DiPietra said it will continue the way it is going now, and they hope by pulling ten cars off it will not back up so far.

The Mayor asked how this Portillo’s ranks compared to others. Mr. DiPietra said this is their #1 single store.

Commissioner Sandack asked when the construction would be completed. Mr. DiPietra said it would be by Christmas. Commissioner Sandack said that this is a successful business and they have been a good corporate citizen. He appreciates their efforts to work in cooperation with the Plan Commission.

Commissioner McConnell thanked them for adding the second lane. She then asked how the drive through will stay open during the construction. Mr. DiPietro said it will remain open. There will be certain tasks that will be done on premium time, and it will take some careful coordination.

Commissioner Tully also thanked them for coming up with this solution, adding that the additional seating is probably due to his sons who go there most every day.

Benesch Change Order. Deputy Village Manager Van Vooren said the first amendment to this contract anticipated a completion date of the deck to be September 18, 2004, however, Turner Construction changed that date to September 30 and the first amendment will not cover Benesch’s costs to provide the level of services and presence required on the job site. While the punch list is being completed, the closure of the contract will extend. Staff is asking for an extension of the contract to include Ms. Davis’s time until closure. The amount is not to exceed $25,000.

The Mayor asked Mr. Millette whether staff has notified Turner that the Village is looking to extend Benesch’s agreement as a result of Turner’s delays and we will ask them for the money. Mr. Millette said staff will do that.

Commissioner Tully asked if they are confident that this is the final change order. Mr. Millette said they are confident of that.

Commissioner Tully said that in some ways it was obvious that the Village needed the expertise for this type of project to come out as it did, but the final total for the owner’s representative was more than 30% over what was originally anticipated. He asked how the Village can avoid this from happening again. They need to have a better system of estimates, as he would not like to see this happen again. Mr. Millette said staff would not like to see it happen again either.

The Mayor asked where the 2.8 multiplier came from, and Mr. Millette said it was in the proposal. A high rate is 3.1, while a low rate is 2.5.

Kane, McKenna Agreement. Deputy Village Manager Van Vooren said this agreement would increase the amount of time staff would be able to use Kane, McKenna with regard to the TIF analysis and the Curtiss Block. They are looking to redirect the original budgeted amount from other projects, with an amendment request for $25,000 and a total not to exceed $95,000.

Mayor Krajewski said their rates are shown as per hour, and he asked who reviews their bills. Mr. Skach said that staff does. The Mayor said he asked Kane, McKenna to do a couple of things to update the TIF , and was given more than what is being asked for. He wondered who reviews the bills and checks to see that they are being charged for what was asked. Mr. Skach said that staff will review them when submitted. He said Kane, McKenna was trying to be diligent. The Mayor said that the Council has concerns about consultants and whether they are getting charged appropriately.

Ordinance Amending Licensing and Permitting Procedures. The Deputy Village Manager said this amendment concerns the issuance of permits and licenses. They are trying to use all resources available to collect bad debts for services provided. The Ordinance would allow the Village not to issue permits or licenses if the customer has outstanding bills with the Village.

Commissioner Tully said this should have been done ten years ago.

The Mayor asked if the Village can pull a permit if the customer comes into arrears. Attorney Petrarca said they can look at this issue, but as of now there is nothing in the Code giving the Village authority to do that. She said that a bond provision was added.

Deputy Village Manager Van Vooren said that most of the bonds are cash bonds, at $5-10,000 per project.

Commissioner Zabloudil said if there are debts, then they simply will not have the inspections made that are required. Attorney Petrarca added that the Village does have the ability to withhold occupancy permits.

Deputy Village Manager Van Vooren said that with E-permits the Village has the ability to search out all accounts receivables.

STANDING COMMITTEE REPORTS

There were no reports.

MANAGER ’S REPORT

Deputy Village Manager Van Vooren reminded everyone that the Parking Deck will open on Friday at 11:00 a.m.

ATTORNEY ’S REPORT

Village Attorney Enza Petrarca said she was presenting six items to the Council: 1) An ordinance amending two-hour parking restrictions; 2) An ordinance establishing certain fees for parking deck debit cards: 3) An ordinance approving amendments to Planned Development #17, permitting the construction of an addition to the existing Portillo’s Restaurant Building; 4) A resolution authorizing execution of a second addendum to an agreement for professional services between the Village of Downers Grove and Alfred Benesch & Company; 5) A resolution authorizing execution of an addendum to an agreement for professional services between the Village of Downers Grove and Kane, McKenna & Associates; and 6) An ordinance concerning the issuance of permits and licenses. Attorney Petrarca asked that the Council waive the one-week waiting period to consider new business for a resolution authorizing submittal of application to the DuPage Community Development Commission for the 2005 Community Development Block Grant (CDBG) for the DuPage County Neighborhood Resource Center Cluster.

Commissioner Tully moved to waive the one-week waiting period to discuss new business. Commissioner Urban seconded the Motion.

VOTE :AYES:Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Schnell, Mayor Krajewski NAYS :None

The Motion passed unanimously.

Mayor Krajewski said this will authorize submittal of applications to the DuPage Community Development Commission in the amount of $17,126 for the 2005 Community Development Block Grant Program. This will support activities for the Downers Grove Community Oriented Policing/Autumn Grove Resource Center.

A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE DUPAGE COMMUNITY DEVELOPMENT COMMISSION FOR THE 2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE DUPAGE COUNTY

NEIGHBORHOOD RESOURCE CENTER CLUSTER

RESOLUTION 2004 -61

Commissioner Tully moved to adopt a resolution authorizing submittal of application to the DuPage Community Development Commission for the 2005 Community Development Block Grant (CDBG) for the DuPage County Neighborhood Resource Center Cluster as presented. Commissioner Urban seconded the Motion.

VOTE :AYES:Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Schnell, Mayor Krajewski NAYS :None

The Motion passed unanimously.

COUNCIL MEMBERS

Commissioner Schnell said that at the Mayors and Managers meeting today it was mentioned that the Tollway renovation will be brought to a vote on Thursday morning. In addition, the Village has put two initiatives into the Legislative Committee to become possible priorities next year. One related to Commissioner Urban and his inability to vote on TIF issues, and the second was in regard to requiring the Village Attorney to be a member of the Fire Pension Board.

The Mayor said that one of the Wheaton Council members said that their Council members have to leave during certain votes. Attorney Petrarca said she would check on that.

Commissioner McConnell reminded everyone that the Partnership for Healthier Communities is sponsoring the 2nd Annual Passport for Safety Day on Saturday, October 2, 2004 at the Park District Recreation Center at 4500 Belmont Avenue from 10:00 a.m. – 2:00 p.m. It will include activities for children, as well as related safety items for seniors.

Commissioner Tully invited people to come to the Oktoberfest, Friday, Saturday and Sunday. He noted there will be many events this weekend.

Mayor Krajewski said on Wednesday he was at the Retail Merchants Association annual luncheon, and there was a booklet passed out featuring Sam’s Liquors. On Thursday, he attended the Illinois Environmental Council’s annual dinner where Dr. Goodman received the President’s Award.

On Saturday, the Mayor attended the Senior Council’s annual fundraiser and they asked for the continued Council support of the Meals on Wheels program.

The Mayor addressed people who came into the community for the Mustangs Music Bowl made up of 18 bands in competition. Both Village high schools participated in the competition.

On Sunday, he was the Master of Ceremonies with the Mayor of Westmont at the Barkapalooza Pet Expo and Walk at Barth Pond. There were about 300 dogs and owners walking the pond as a fundraiser.

The Mayor referred to the proclamation read last week honoring Donald Drew on his 100th Birthday saying he attended the celebration and saw Mr. Drew play some of his compositions.

VISITORS

Jane Amorosi , 5742 Dearborn, said she saw nothing on the Future Agenda about public meetings on the Curtiss Block project. The Mayor said that Council and staff are still analyzing information provided by the developers who have submitted proposals. He expects there will be more than one meeting, and suggested Ms. Amorosi provide her name to the Clerk so that meeting information could be sent to her. Ms. Amorosi said she sat in on the Opus presentation and was upset that the Post Office would be removed. There are people in the Village who may like the Post Office where it is. She is also upset that they will be putting a large bookstore across from Anderson’s bookshop. She said a six-story condominium seemed very high. In addition, she considered the problem people living in condominiums with dogs would have in finding any green places to take their dogs. Ms. Amorosi said she said that there should be sufficient greenspace provided.

The Mayor said they asked the developers to come back with a plan for just the property owned by the Village. In terms of the Post Office, the Village would like to eliminate the distribution end with all of the trucks. In regard to the retail bookstores, all three presentations mentioned a number of retail companies as “potential” customers. The Council would like to know specific companies moving in beforehand. Landscaping is also an issue that the Council is concerned with. He agreed that there are a lot of residents who are walking dogs in the downtown area.

ADJOURNMENT

The Mayor asked for a motion to move into Executive Session.

Commissioner Tully moved to go into Executive Session pursuant to Section 2©(1) of the Illinois Open Meetings Act to discuss personnel and 2©(6) of the Illinois Open Meetings Act to consider setting of a price for Village property. Commissioner Urban seconded the Motion.

VOTE :AYE – Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Schnell, Mayor Krajewski NAY – None

Mayor Krajewski adjourned the Workshop meeting into Executive Session at 7:50 p.m.

April K. Holden Village Clerk