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October 04, 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 6:00 p.m. in the Council Chambers of the Downers Grove Village Hall.

Commissioner Tully moved to go into Executive Session pursuant to Section 2©(11) of the Illinois Open Meetings Act to consider litigation. Commissioner Urban seconded the Motion.

VOTE : AYE – Commissioners Tully, Urban, Waldack, Sandack, Mayor Krajewski NAY – None

The Mayor declared the Motion carried and the Council convened into Executive Session at 6:05 p.m.

Mayor Krajewski reconvened the Council meeting of the Village Council of the Village of Downers Grove at 6:30 p.m. in the Council Chambers of the 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 Martin Tully, Commissioner William Waldack and Mayor Brian Krajewski Absent: Commissioner Marilyn Schnell Non Voting: Village Attorney Enza Petrarca, Village Clerk April Holden, Assistant Village Manager Michael Baker and Deputy Village Manager David Fieldman

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 – August 16, 2005, August 18, 2005, August 25, 2005, & August 26, 2005 Council Meeting – September 20, 2005 Workshop Meeting – September 27, 2005 Commissioner Tully said he submitted corrections to the Workshop and Council meetings to the Village Clerk. There being no other additions or corrections to the minutes, Mayor Krajewski said they would be filed as corrected.

4. Public Comments and Questions

Proclamation: Mayor Krajewski declared October 16 as Crop Walk Day in the Village and urged the citizens to support Crop Walk.

Wally Calaway of Woodridge thanked the Mayor and the Council members for their support, noting that Commissioner Waldack raised money by losing weight. This is South DuPage Crop Walk’s 20th anniversary and there are 15 organizations represented this year. They have raised more than $430,000 in the local communities, and businesses have supported participants this year with tee shirts.

Janet Young, Regional Director of Church World Services, thanked the Village and Mayor for the Proclamation. She reviewed the work of their organization around the world. The funds raised are used to assist disaster victims.

Commissioner Waldack said he knows Janet and Wally well. They went to the Honduras for ten days several years ago for hurricane relief support. There are a lot of good people in this community, including students who travel to help the poor. This is a very involved and generous community.

A. Comments and Questions on Active Agenda

Andrew Clark, 1226 62nd Street, said he understands that the Belmont underpass will benefit the community, but asked what compensation has been received by the residents losing their homes.

The Mayor said that Metra had to acquire 22 parcels. All were appraised numerous times. They offered the appraised value to the owners and successfully negotiated 16 parcels of the 22. One parcel has environmental issues. IDOT and Metra have reviewed the files, and the Mayor said the Village will file condemnation papers. The courts will then determine the fair market value. He said that the Village relied on the appraisers who did the work, and Metra and IDOT . The court will make the decision concerning fair market value.

B. Comments and Questions on General Matters

Ken Lerner, 4933 Whiffen, said that the staff and Plan Commission have made recommendations regarding redevelopment standards for the community and teardowns. He said that he represents the Downers Grove Coalition for Managed Redevelopment which has attempted to assist in finding solutions to the teardown issues. They are scheduling their second public forum for October 26. In addition, they are having an independent professional planner review the teardowns in the Village. He then described a handout that was distributed to the Council members regarding the study performed. Mr. Lerner said the Coalition has voiced its support to the staff in its efforts to develop the current proposal. He noted that trees on private property are not under the protection of the plan and he urged the Council to consider protection of trees on private property. They further recommend consideration of additional rules for demolition permits to allow the community the opportunity of determining the public’s interest in the subject property.

Commissioner Tully thanked Mr. Lerner and the Coalition members for the report which identified some problems and offered some creative solutions.

Jerry Kiluk, 4733 Puffer Road, presented a petition regarding the extension of Puffer Road. He explained that the road ends at his house. He was not notified about this extension by Public Works. The area is only two blocks long and all residents have signed the petition against the extension. Mr. Kiluk said when he spoke with Brian Parks from Public Works he was told the reason for the extension had to do with vandalism and the desire to eliminate potential problems at 4740 Belmont Road as the resident at 4741 Puffer uses the entrance from Belmont to get to his property. He said placing a fence on the owner’s property would eliminate the problem. He noted that Puffer Road is heavily used by children and commuters. The residents of Puffer Road do not have sewers. He would appreciate further discussion on this with Public Works. Expansion of the road is 175 feet. His yard is the lowest point on the road and all of the water will come from both sides of the roadway into his front yard. He has asked that the meeting scheduled for tomorrow with Public Works be postponed, but he has not had any response.

Mayor Krajewski said that the meeting will be held, however, no final action will be taken. He explained that the owner of 4741 Puffer has no direct access to his house other than from Belmont, and the proposal is to extend the road to this house.

Assistant Manager Baker said that the meeting has been rescheduled to October 19.

Dave Barber, Director, Public Works, said that Prairie extends, but has never been opened. He said that they are seeking citizen input.

5. Public Hearings

6. Consent Agenda

COR00 -02084 Claim Ordinance: No. 5603, Payroll, September 16, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02085 List of Bills Payable: No. 5592, October 4, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -02086 Bid: $19,484 to Bill Jacobs Joliet for One 2006 Chevrolet Silverado 1500 WT Pickup Truck; $39,925.06 to Advantage Chevrolet of Hodgkins for Two 2006 Chevrolet Express Cargo Vans; $30,625 to Joe Madden Ford of Downers Grove for One 2006 Ford F450 Chassis Cab Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Vehicle Purchases

BID00 -02087 Bid: Award $250,025.00 to A&R Cement for Gilbert Avenue Sidewalk Improvement Project (ST-013) Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Sidewalk Construction, Gilbert Avenue Pedestrian Way, Sidewalk Improvements 2005

BID00 -02088 Bid: Award $115,850.00 to Schroeder and Schroeder, Inc. for the 2005 Sidewalk Replacement Project (S-006) Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Sidewalk Replacement, Sidewalk Construction, Sidewalk Improvements 2005

BID00 -02089 Change Order: Approve an Increase of $10,000 to Demand Pruning Contract with Winkler’s Tree Service Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Tree Pruning

RES00 -02090 Resolution: Authorize a License Agreement with United States Cellular Operating Company of Chicago, LLC to Install, Maintain and Operate an Antenna on Village Property (Downers Drive Water Tank) Sponsors: Village Attorney Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND UNITED STATES CELLULAR OPERATING COMPANY OF CHICAGO , LLC TO INSTALL , MAINTAIN AND OPERATE AN ANTENNA ON VILLAGE PROPERTY (DOWNERS DRIVE WATER TANK )

RESOLUTION 2005 -60 A motion was made to Pass this file on the Consent Agenda. Indexes: Antenna Equipment, Water Tank-Downers Drive

RES00 -02091 Resolution: Authorize a License Agreement with United States Cellular Operating Company of Chicago, LLC to Install, Maintain and Operate an Antenna on Village Property (Village Hall Communication Tower) Sponsors: Village Attorney Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND UNITED STATES CELLULAR OPERATING COMPANY OF CHICAGO , LLC TO INSTALL , MAINTAIN AND OPERATE AN ANTENNA ON VILLAGE PROPERTY (VILLAGE HALL COMMUNICATION TOWER )

RESOLUTION 2005 -61 A motion was made to Pass this file on the Consent Agenda. Indexes: Antenna Equipment, Village Hall Lattice Tower

RES00 -02092 Resolution: Authorize a First Amendment to an Intergovernmental Agreement with the State, the County, the Burlington Northern and Santa Fe Railway Company and Metra regarding the Belmont Grade Separation Project Sponsors: Village Attorney Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE , THE COUNTY , THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND METRA REGARDING THE BELMONT GRADE SEPARATION PROJECT

RESOLUTION 2005 -62 A motion was made to Pass this file on the Consent Agenda. Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass

RES00 -02093 Resolution: Authorize a First Amendment to a Grant Agreement with Metra for Eminent Domain Services for the Belmont Grade Separation Project Sponsors: Village Attorney Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO A GRANT AGREEMENT WITH METRA FOR EMINENT DOMAIN SERVICES FOR THE BELMONT GRADE SEPARATION PROJECT

RESOLUTION 2005 -63 A motion was made to Pass this file on the Consent Agenda. Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass Passed The Consent Agenda

Mr. Barber said he and Mr. Millette attended the Forest Preserve meeting today regarding the Gilbert right-of-way. The Chairman of the Forest Preserve said they recognized the importance of the safety issue and complimented the Mayor, staff and Park District for their work to arrive at acceptable solutions for safety issues. At the meeting they moved to work with the Village to implement the sidewalk without any fees. They still need to work with the Park District and are moving ahead. Mayor Krajewski extended compliments to both Mr. Barber, Mr. Millette and the rest of the Public Works staff involved on this project.

The Mayor asked for clarification on two items on the Consent Agenda. Regarding Fund 341, Sidewalk Construction, Mike Baker, Assistant Village Manager, said the sidewalk program exists in several different programs. Regarding Turner Construction, Mr. Barber said the release is to pay subcontractors. Village Attorney Enza Petrarca said the outstanding issues are with two identified contractors. This is a lien waiver and was never an issue. 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 Tully, Commissioner Waldack and Mayor Krajewski

7. Active Agenda

ORD00 -02094 Ordinance: Amend Fees for Emergency Response Services Sponsors: Fire Department Summary of Item: This will make certain amendments to those fees paid to the Village for emergency response services.

AN ORDINANCE AMENDING FEES FOR EMERGENCY RESPONSE SERVICES

ORDINANCE NO . 4710 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 Waldack and Mayor Krajewski Indexes: Fee Increases, Ambulance Fee, Emergency Response Services Fees

ORD00 -02095 Ordinance: Establish Parking Restrictions on Florence Avenue Sponsors: Parking & Traffic Commission Summary of Item: At their meeting of June 8, 2005, the Parking & Traffic Commission recommended amending parking restrictions on Florence Avenue.

AN ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON FLORENCE AVENUE

ORDINANCE NO . 4711 A motion was made by Commissioner Urban, seconded by Commissioner Waldack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Parking Restrictions – Florence

ORD00 -02096 Ordinance: Establish Parking Restrictions on Stonewall Avenue Sponsors: Parking & Traffic Commission Summary of Item: At their meeting of August 10, 2005, the Parking & Traffic Commission recommended amending parking restrictions on Stonewall Avenue.

AN ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON STONEWALL AVENUE

ORDINANCE NO . 4712 A motion was made by Commissioner Waldack, 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 Tully, Commissioner Waldack and Mayor Krajewski Indexes: Parking Restrictions – Stonewall

ORD00 -02097 Ordinance: Amend the Class “H” Public Golf Course Liquor License Classification Sponsors: Liquor Commission Summary of Item: At their meeting of August 4, 2005, the Downers Grove Liquor Commission recommended amending the public golf course liquor license classification to allow for the service of beer and wine on the golf course from a motorized food & beverage cart.

AN ORDINANCE AMENDING THE CLASS “H” PUBLIC GOLF COURSE LIQUOR LICENSE CLASSIFICATION

ORDINANCE NO . 4713 A motion was made by Commissioner Sandack, 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 Tully, Commissioner Waldack and Mayor Krajewski Indexes: Liquor Ordinance Amendments

MOT00 -02099 Motion: Authorize Creation of a Not-for-Profit Organization to Focus on the Economic Development of the Village of Downers Grove Sponsors: Village Attorney Summary of Item: Motion to authorize the creation of a not-for-profit organization to focus on the economic development of the Village of Downers Grove. A motion was made by Commissioner Urban, seconded by Commissioner Waldack, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Economic Development Strategy, Economic Development Commission Commissioner Tully moved to waive the one-week waiting period to consider new business. Commissioner Urban seconded.

VOTE : YEA : Commissioners Tully, Urban, Waldack, Sandack, Mayor Krajewski NAY : None

Mayor Krajewski declared the Motion carried.

Commissioner Tully said that the Court will determine the compensation for the properties involved.

Mayor Krajewski said that the real estate group did a good job in settling 16 parcels out of the 22 in question.

ORD00 -02100 Ordinance: Provide for the Acquisition through Condemnation of Certain Property Known as the Belmont/Burlington Grade Separation and Transportation Safety Project/Han Parcel Sponsors: Village Attorney Summary of Item: This will authorize the acquisition of the Han parcel for the Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE PROVIDING FOR THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /HAN PARCEL

ORDINANCE NO . 4714 A motion was made by Commissioner Waldack, 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 Tully, Commissioner Waldack and Mayor Krajewski Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass

ORD00 -02101 Ordinance: Provide for the Acquisition through Condemnation of Certain Property Known as the Belmont/Burlington Grade Separation and Transportation Safety Project/Konopacki Parcel Sponsors: Village Attorney Summary of Item: This will authorize the acquisition of the Konopacki parcel for the Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE PROVIDING FOR THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /KONOPACKI PARCEL

ORDINANCE NO . 4715 A motion was made by Commissioner Sandack, 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 Tully, Commissioner Waldack and Mayor Krajewski Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass

ORD00 -02102 Ordinance: Provide for the Acquisition through Condemnation of Certain Property Known as the Belmont/Burlington Grade Separation and Transportation Safety Project/Litt (Service Station) Parcel Sponsors: Village Attorney Summary of Item: This will authorize the acquisition of the Litt (Service Station) parcel for the Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE PROVIDING FOR THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /LITT (SERVICE STATION ) PARCEL

ORDINANCE NO . 4716 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 Waldack and Mayor Krajewski Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass

ORD00 -02103 Ordinance: Provide for the Acquisition through Condemnation of Certain Property Known as the Belmont/Burlington Grade Separation and Transportation Safety Project/Litt (Parking Lot) Parcel Sponsors: Village Attorney Summary of Item: This will authorize the acquisition of the Litt (Parking Lot) parcel for the Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE PROVIDING FOR THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /LITT (PARKING LOT ) PARCEL

ORDINANCE NO . 4717 A motion was made by Commissioner Urban, seconded by Commissioner Waldack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass

ORD00 -02104 Ordinance: Provide for the Acquisition through Condemnation of Certain Property Known as the Belmont/Burlington Grade Separation and Transportation Safety Project/Skuddlebutts Parcel Sponsors: Village Attorney Summary of Item: This will authorize the acquisition of the Skuddlebutts parcel for the Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE PROVIDING FOR THE ACQUISITION THROUGH CONDEMNATION OF CERTAIN PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /SKUDDLEBUTTS PARCEL

ORDINANCE NO . 4718 A motion was made by Commissioner Waldack, 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 Tully, Commissioner Waldack and Mayor Krajewski Indexes: Belmont Road Grade Separation Project, Belmont Road Underpass

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – September 14, 2005 Liquor Commission – September 8, 2005 Public Services Committee – August 16, 2005 Transportation Advisory Commission – August 18, 2005 Zoning Board of Appeals – August 24, 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 Tully, Commissioner Waldack and Mayor Krajewski Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

Finance Committee

Commissioner Tully said that the Finance/Administrative Committee met to discuss the purchasing policy as related to Change Orders for projects with a contingency. They discussed the compensation plan for non-union employees as well.

12.Council Member Reports and New Business

Commissioner Waldack reminded everyone of the Crop Walk on October 16. He reported on the weight loss project, saying that Octoberfest ale was apparently not good for dieting.

Commissioner Urban said he and his family attended the Octoberfest, and said the best part of the event was that is was a family event held in the town center. He extended kudos to the Rotary Club and encouraged them to keep up the good work.

Commissioner Tully said there were many things going on in the Village this past weekend. The Octoberfest was a good event in conjunction with Harvest Day sales sponsored by the Downtown Management Corporation. He extended his appreciation to the Rotary Club. It was also homecoming for Downers Grove North. Downers Grove South will have their homecoming this weekend. He congratulated the Marching Mustangs on another wonderful music bowl on October 1. He also noted that the New World Repertory Theater started their third season with a performance of “Chapter Two” by Neil Simon. He congratulated them for their program.

The Mayor said he attended the opening of the new Band Room at Herrick Middle School yesterday. After the opening District 58 had their “State of District 58” report. The Mayor said that Doug Kozlowski filmed the event which will be shown on the Cable station. He noted that the report showed the District having a strong financial position. They still have many challenges such as unfunded mandates. He said there are programs that must be provided but are not adequately funded. The Mayor said District 58’s policy is to keep cash reserves between 8%-12%.

13. Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section (2)(c)(1) of the Open Meetings Act to consider personnel. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:23 p.m