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September 05, 2006

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 Non Voting: Village Manager Cara Pavlicek, Village Attorney Enza Petrarca and Village Clerk April Holden 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 presiding officer will ask, at the appropriate time, 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. Remarks should be limited to five minutes, and asked that individuals refrain from making repetitive statements.

Mayor Krajewski 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 Minutes – August 15, 2006 Workshop Minutes – August 22, 2006 Commissioner Tully provided his corrections to the Village Clerk for the August 22, 2006 Workshop minutes.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Jim Holmes, 513 Chicago, spoke regarding the vacation of the alley which is on the Active Agenda. Mr. Holmes referred to the July 25, 2006 Workshop meeting where the Council approved the vacation, but debated the issue of compensation. Mr. Holmes said he was contacted by staff to complete a Plat of Vacation and provided the Plat. He received a letter dated July 28, 2006 regarding language for the Plat, and then on July 31, 2006 he received an e-mail from staff revising the easement language. On August 21, 2006 he picked up copies of the Plat of Vacation to deliver to Mr. Rosenthal, met with Mr. Scheidler and the Village Clerk, as well as Deputy Manager Fieldman. He was advised that the ordinance would be left blank as to the cost of the parcel. Mr. Holmes said that the draft ordinance contains a dollar amount which was contrary to what he understood, and the background information on the vacation refers to a licensing agreement that was never recorded. He reminded the Council that he has a cancelled check showing that the agreement was paid, signed, etc. This has been a 13 month process, but he appreciated everyone’s efforts.

The Mayor asked if the first easement language was given to him from staff, and Mr. Holmes said he received original language from staff, but when he returned home from vacation several weeks later, there was another e-mail waiting for him with different language.

B. Comments and Questions on General Matters

There were none.

5. Public Hearings

6. Consent Agenda

COR00 -02467 Claim Ordinance: No. 5651, Payroll, August 18, 2006 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02468 List of Bills Payable: No. 5638, September 5, 2006 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -02454 Bid: Award $23,625.00 to Giant Maintenance and Restoration, Inc., Mundelein, Illinois for Fire Hydrant Painting Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Hydrants

BID00 -02455 Bid: Award $48,000.00 to Salce Inc., Downers Grove, Illinois, for Excavating Debris Hauling Services Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Excavating Debris Hauling Services

BID00 -02456 Bid: Award $145,500.00 to Joe Madden Ford, Downers Grove, Illinois, for Purchase of Six (6) 2007 Ford Crown Victoria Police Interceptors Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Vehicle Purchases, Police Vehicles

MOT00 -02457 Motion: Authorize a Contract with Burns & McDonnell, Downers Grove, Illinois, for $16,700.00 for Survey Services for 2007 Projects Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Surveying Services, Capital Projects

BID00 -02458 Bid: Award $55,663.42 to Illinois Central Sweeping LLC , Blue Island, Illinois, for FY 2006 Street Sweeping Services Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Street- Sweeper

RES00 -02459 Resolution: Continue Participation in Suburban Tree Consortium and Authorize Purchased for FY 2006 /2007 Sponsors: Public Works Summary of Item: A RESOLUTION EXPRESSING INTENT TO CONTINUE PARTICIPATION IN THE SUBURBAN TREE CONSORTIUM AND TO AUTHORIZE CERTAIN PURCHASES FOR FY 2006/2007

RESOLUTION 2006 -79 A motion was made to Pass this file on the Consent Agenda. Indexes: Tree Consortium, Trees and Shrubs

MOT00 -02460 Motion: Award $21,640.00 to Stephens Plumbing & Heating, Inc., Downers Grove, Illinois, to Construct a Women’s Washroom in Fire Station #1, 2560 Wisconsin Avenue Sponsors: Manager’s Office A motion was made to Award this file on the Consent Agenda. Indexes: Fire Station #1

RES00 -02461 Resolution: Abrogate a Certain Portion of a Public Utility Easement in the Village of Downers Grove (5807 Fairmount Avenue) Sponsors: Village Attorney Summary of Item: A RESOLUTION ABROGATING A CERTAIN PORTION OF A PUBLIC UTILITY EASEMENT IN THE VILLAGE OF DOWNERS GROVE (5807 FAIRMOUNT AVENUE )

RESOLUTION 2006 -80 A motion was made to Pass this file on the Consent Agenda. Indexes: Abrogation – 5807 Fairmount Avenue

RES00 -02462 Resolution: Authorize a License Agreement with the Rotary Club of Downers Grove for the 2006 Rotary Club Oktoberfest Sponsors: Marketing & Media Summary of Item: A RESOLUTION AUTHORIZING A LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE ROTARY CLUB OF DOWNERS GROVE FOR THE 2006 ROTARY CLUB OKTOBERFEST

RESOLUTION 2006 -81 A motion was made to Pass this file on the Consent Agenda. Indexes: Rotary Club – Octoberfest

RES00 -02463 Resolution: Authorize Execution of an Agreement with AT&T Global Services Sponsors: Finance Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND AT&T GLOBAL SERVICES

RESOLUTION 2006 -82 A motion was made to Pass this file on the Consent Agenda. Indexes: Telephone System

MOT00 -02473 Motion: Note Receipt of Minutes of Village Boards and Commissions Summary of Item: Library Board – August 9, 2006 Plan Commission – July 10, 2006 Zoning Board of Appeals – June 28, 2006 A motion was made to Award this file on the Consent Agenda. Indexes: N/A 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 -02465 Ordinance: Amend Liquor License Availability Sponsors: Village Attorney Summary of Item: This will make certain amendments to the Liquor Control Ordinance concerning licenses by increasing the number of available P-3 “Wine Shop” licenses.

AN ORDINANCE AMENDING LIQUOR LICENSE AVAILABILITY

ORDINANCE NO . 4803 Commissioner Tully explained that this ordinance makes certain amendments to the Liquor Ordinance to increase the number of licenses for wine shops from three to four licenses. 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: Liquor Ordinance Amendments

ORD00 -02417 Ordinance: Vacate a Certain Portion of a Public Alley East of 513 Chicago Avenue Sponsors: Community Development Summary of Item: AN ORDINANCE VACATING A CERTAIN PORTION OF A PUBLIC ALLEY EAST OF 513 CHICAGO AVENUE IN THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4804 AMotion was made by Commissioner Urban and seconded by Commissioner Schnell to approve the ordinance minus the dollar amount of $3,092 from Section 3.2, with the dollar amount being zero.

Commissioner Tully said there is a history to this which should have been resolved earlier. He explained that the Holmes’ are requesting vacation of the alley right-of-way which is part of their driveway. There seems to be no public need for this right-of-way, although there are easements for utilities across the property. There is a policy in place regarding requests like this in terms of vacating them and what the compensation should be from the petitioner. He said the property will go on the tax roles, but it is not a large tax benefit. Commissioner Tully said it may be that the property has no value, but a policy was instituted some time ago to obtain a valuation of any property considered for vacation. In this particular case, the policy was followed to a certain point and he fears the Motion made by Commissioner Urban would deviate from the policy. He agrees that there is no need for this property and it should be vacated. The valuation of the property provided a range of values. The $3,000 amount is at the low end of the figures the Council received. The Council wants to be fair in this situation to both the Holmes’ family and the residents, and he believes the $3,000 figure to be very fair. He also believes the Village can be flexible in how the amount is paid. He would not support eliminating the figure from the ordinance as moved.

Commissioner Schnell said she agreed that the Council should do what is right for the community as a whole, and she believes taking the ten foot piece of property, putting it on the tax rolls and increasing a 50’ wide lot to 60’ is right for the community and the petitioners. In this case she believes it is appropriate not to charge anything for a piece of property that is not being used and has had no value to the Village. She said that the community benefits from this vacation. The Holmes’ family have gone through a lot of problems throughout the history of this request, and she believes they should not be required to pay compensation to the Village. She will vote for vacating this property without compensation.

Commissioner Sandack said he will vote Nay on this on principle, though he agrees this is a proper vacation. He doesn’t think the Council would go through so much to try and accommodate this if this was a developer requesting the vacation without compensation. He is pleased that the property is being vacated and put back on the tax rolls.

Commissioner Waldack said that prior to this there was a lease agreement, and over the course of time there have been situations of papers getting lost, and confusing issues. The Holmes’ have gone through the process and expended the funds to have the property vacated. He does agree that there should be some compensation, and he could agree to a cost of $1.00. The property will be back on the tax rolls, and the Village will no longer have to maintain the paperwork for the lease agreement.

Mayor Krajewski commented that the license fee for the driveway was $50.00. He thinks this particular vacation is unique. He doesn’t want to deviate from the policy in place and he is not keen on vacating property, especially to allow a developer to build an additional house without any compensation to the Village. He said he thought no compensation should be required in this case; however, if it were to built on he would require the compensation. This should have been before the Council before the house was built. It came to the Council after the fact.

VOTE : AYE : Commissioner Urban, Schnell, Mayor Krajewski NAY : Commissioner Waldack, Sandack, Tully

The Mayor declared the Motion failed for lack of a majority.

Commissioner Waldack then moved to adopt the same ordinance to vacate the property, modifying the amount to $1.00. Commissioner Schnell seconded that Motion.

Commissioner Schnell said that if the $1.00 fee is not passed, the vacation fails. Her concern is to treat them fairly. Attorney Petrarca verified that if the Motion fails, it would leave them without a license agreement. Manager Pavlicek said her understanding is that the license agreement was never signed by the prior Manager. Attorney Petrarca explained further that if the Motion failed, they would have to have the license agreement signed, and that fee has already been paid. Commissioner Schnell said she doesn’t want the principle of money versus $1.00 to cause the Holmes’ major problems. She asked where the remainder of the Council stands on this.

Mayor Krajewski said they have already paid $800 in compensation.

Commissioner Urban asked the Attorney if a license agreement shows up as a lien against the property. Ms. Petrarca said it shows up that they do not own the property, but that they have a license agreement to use the property subject to the terms and conditions. Commissioner Sandack said it cannot be transferred.

Commissioner Tully said he didn’t hear a single person on the Council say they were not in favor of the vacation. The issue is whether they will follow the policy regarding compensation. Obviously there is a majority that does not want to go with the policy. A motion was made by Commissioner Waldack, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Urban, Commissioner Schnell, Commissioner Waldack and Mayor Krajewski Nay: Commissioner Sandack and Commissioner Tully Indexes: Vacation – Alley, Vacation – 513 Chicago Avenue

ORD00 -02469 Ordinance: Annex 1700 63rd Street to the Village of Downers Grove, Illinois Sponsors: Community Development Summary of Item: This will annex the property located at 1700 63rd Street to the Village of Downers Grove.

AN ORDINANCE ANNEXING 1700 63RD STREET TO THE VILLAGE OF DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4805 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 Waldack and Mayor Krajewski Indexes: Annexation-1700 63rd Street

ORD00 -02470 Ordinance: Rezone 1700 63rd Street from R-1, Single Family Residence District, to R-3, Single Family Residence District Sponsors: Community Development Summary of Item: This will rezone the property commonly known as 1700 63rd Street from Village R-1, Single Family Residential, to R-3, Single Family Residential.

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 1700 63RD STREET

ORDINANCE NO . 4806 A motion was made by Commissioner Waldack, 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: Rezone 1700 63rd Street – R-1 to R-3 The Mayor called for a Motion to move into Executive Session. Commissioner Tully moved to convene into Executive Session pursuant to Section 2©(3) of the Illinois Open Meetings at 7:15 p.m. to discuss the selection of a person to fill a public office. Commissioner Schnell seconded the motion.

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

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:05 p.m.

Mayor Krajewski reconvened the meeting at 9:05 p.m.

8. Mayor’s Report

New Business

The Mayor said that he is pulling both resolutions for appointments off the Agenda to be brought back at a later date.

RES00 -02453 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This makes appointments and reappointments to the Public Safety Committee, the Tourism and Events Commission and the Human Service Commission.

Public Safety Committee

Appoint Commissioner Urban as Chair Appoint Commissioner Durkin

Tourism and Events Commission

Events Subcommittee

Reappoint David Humphreys, Tessa McGuire and Patti Marino to terms expiring August 31, 2009

Appoint Timothy Cherney as Youth Member to a term expiring April 30, 2007

Tourism Subcommittee

Reappoint Becky Rheintgen to a term expiring August 31, 2009

Human Service Commission

Appoint Leksa Pravdic as Youth Member to a term expiring April 30, 2007

A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO VILLAGE BOARDS AND COMMISSIONS

RESOLUTION 2006 -89 Indexes: Boards and Commissions

RES00 -02472 Resolution: Appointment of Commissioner to Village Council Sponsors: Mayor Summary of Item: This is to appoint Sean Durkin as a Village Commissioner to fill the vacancy created by the resignation of former Commissioner Sue McConnell, for the unexpired term of her office, expiring April 30, 2007.

A RESOLUTION APPOINTING SEAN DURKIN AS A VILLAGE COMMISSIONER

RESOLUTION 2006 -85 Indexes: Boards and Commissions, Village Council Materials to be Placed on File

The Mayor placed on file an application for an off-premises consumption liquor license for Hawk Operations d/b/a Cub Foods at 1212 75th Street. He announced that the application would be placed on file for two weeks.

Mayor Krajewski then acknowledged guests in Downers Grove from Bietigheim-Bissingen, Germany who have been in the Village for the past week. This is part of a tradition that began 20 years ago with District 99. The students from Germany performed in concert at Wheaton College this past weekend. Gifts were exchanged between the groups. He thanked Doug Kozlowski and the staff for the gifts from the Village to the students.

9. Manager’s Report

Deputy Village Manager Dave Fieldman reported on Acadia on the Green, saying that Building #1 is under vertical construction, and Mochel Drive is also under construction. He said that the project is moving on schedule. The building permit for Building #2 is being finalized.

10. Attorney’s Report

Attorney Petrarca requested that the Council waive the traditional one-week waiting period to consider ordinances related to the Burlington Grade Separation and Transportation Safety project (Skuddlebutts parcel).

Commissioner Tully moved to waive the traditional one-week waiting period to consider new business. Commissioner Urban seconded the motion.

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

Mayor Krajewski declared the motion carried.

ORD00 -02471 Ordinance: Authorize Acquisition of 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 located at 5009 Belmont Road in relation to the Belmont/Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /SKUDDLEBUTTS PARCEL

ORDINANCE NO . 4807 Commissioner Tully commented on the ordinance, saying it is an important project of public safety and he is glad to see this underway. 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: Village Property – Acquisition

ORD00 -02384 Ordinance: Authorize Settlement and Closing of the Property Known as the Belmont/Burlington Grade Separation and Transportation Safety Project/Skuddlebutts Parcel Sponsors: Village Attorney Summary of Item: This will authorize the execution of a settlement agreement regarding the Skuddlebutts parcel located at 5009 Belmont Road in relation to the Belmont/Burlington Grade Separation and Transportation Safety Project.

AN ORDINANCE PROVIDING FOR THE SETTLEMENT AND CLOSING OF THE PROPERTY KNOWN AS THE BELMONT /BURLINGTON GRADE SEPARATION AND TRANSPORTATION SAFETY PROJECT /SKUDDLEBUTTS PROJECT

ORDINANCE NO . 4808 A motion was made by Commissioner Urban, 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 Waldack and Mayor Krajewski Indexes: Village Property – Acquisition Future Active Agenda

11.Council Member Reports and New Business

Commissioner Urban said that he had the opportunity of seeing the students from Germany who were downtown on Sunday evening enjoying the area.

Commissioner Tully thanked the visitors for their patience during the long recess this evening.

12. Adjournment

Commissioner Tully moved to adjourn. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 9:15 p.m