June 06, 2000

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.

Mayor Krajewski led those present in the Pledge of Allegiance to the Flag.

Pledge of Allegiance to the Flag

2. Roll Call

Present: Commissioner Michael Gilbert, Commissioner Thomas Sisul, Commissioner Marilyn Schnell and Mayor Brian Krajewski Non Voting: 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 P/21.

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

Council Minutes – May 16, 2000 Workshop Minutes – May 23, 2000 Executive Session for Approval Only – May 23, 2000 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

Promotion Ceremony

Mayor Krajewski asked Fire Chief Lanny Russell to introduce two members of the Fire Department who have successfully completed rigorous selection process and have earned promotions.

Chief Russell introduced Philip Ruscetti who has been selected for appointment as Battalion Chief for training, and Jeffrey S. Pindelski who has been promoted to the rank of Lieutenant by the Police and Fire Commission.

Village Clerk April Holden swore in the officers.

Major Krajewski said the Fire Department has two members who have received advanced training under the direction of the Illinois Law Enforcement Training and Standards Board to become peace officers. He asked Chief Russell to introduce them.

Chief Russell introduced Fire Fighter Gregory Morton and Fire Fighter/Paramedic Brett Mowrey.

The Village Clerk swore them in as Peace Officers.

Mayor Krajewski said the Fire Department has created an award to be given to an individual or crew for an outstanding act for the community in the field of Emergency Medical Services. The award has been named “The Reiter Cup” in honor of the late Assistant Chief Terry Reiter, who was instrumental in bringing advanced emergency medical services to the community. He asked Chief Russell to introduce the first recipient of the Reiter Cup.

Chief Russell introduced the first recipient of the Reiter Cup, Battalion Chief Kent Adams. He described Mr. Adams as “Mr. EMS ” for the Downers Grove Fire Department for many years. He said Mr. Adams has worked tirelessly to expand EMS in our community in both quantity and quality. He prepared the department for the second paramedic unit and was instrumental in the transition to ALS ambulances in 1993. He spearheaded the AED program for both the fire and police departments. He was also instrumental in the implementation of the Bike Medic program and has sought to keep Downers Grove on the cutting edge of EMS with new techniques, medications and equipment.

Mayor Krajewski and Mrs. Carol Reiter, wife of Assistant Chief Terry Reiter, presented the first Reiter Cup to Battalion Chief Adams.

Mayor Krajewski said recognized the Coleman Foundation and Mr. Michael Hennessy who have assisted the Fire Department with a grant for the purchase of a thermal imaging camera. This device is designed to allow fire fighters literally to see through smoke to find trapped victims of fire. The Mayor presented Mr. Hennessy with a certificate of appreciation from the Village Council, the Fire Department and the entire community.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

1. Liz Chalberg, 728 Randall Street, expressed her support for the sidewalk café for Founders Hill. She is a real estate agent and addressed the question of property values. Important factors are schools, and the walking distance to downtown and the train. She said that the average selling price in the downtown area school district was $198,000 in 1998, $224,000 in 1999 and to date it is $242,000. She explained that the downtown section is a “hot” section. The choice to live in a particular area is a choice.

Ms. Chalberg said she was also involved in the redevelopment of the downtown area over the past years through TCD II , the EDC and Block 117. She described the need for revitalization of the downtown area stating there has been full Council support. She said they need to bring people into the downtown area, as the infrastructure and beautification work of the past two years has been a deterrent. She considers the café as a contributor to drawing foot traffic to the downtown area.

2. Jamie Silver, 232 41st, street said she loves the Village and enjoys eating outside with her family. They spend their money where they live. She encouraged approval of the sidewalk café for Founders Hill.

3. Sue Davison, 4336 Florence, spoke in support of the sidewalk café, saying it is located in a business district and they should not tell the businesses that they cannot grow. She said Mr. Montesantos has worked hard with the residents.

4. Ron Remanski, 6303 S. Woodward, said he runs a relocation business. He helps people find new homes by working with their companies. A short time ago he took a bus full of people through Downers Grove and was unable to show them a pool or outdoor café in the Village. He said the café is good for the businesses and people in the town.

5. Bob Sullivan, 1090 39th Street, said he served on the Liquor Commission for nine years until last month and is opposed to the Founders Hill café. The Village is promoting DARE to the children and has alcohol regulations, and he does not understand how the Village can extend this privilege to Founders Hill. Mr. Sullivan said the Village has extended itself to Founders Hill on other occasions. He is opposed to the outdoor café. A license has already been approved for Dining Under the Stars. He is opposed for promoting drinking on public property.

6. Ron Moeller, 806 Randall, said he served on the Plan Commission and the Zoning Board of Appeals. As a realtor people ask whether Downers Grove has the same atmosphere as Naperville. Naperville has outdoor cafes and there has been little uproar. Downers Grove has just as much to offer. He said there is a distance between Founders Hill and the residences on Grove. He is looking forward to the café and hopes it will be approved.

7. Phil Cullen, 4720 Middaugh, owns Dream Interiors and supports the café, as did the Chamber of Commerce. He said the Council has been supportive but outdoor dining requires jumping through hoops. The applicant has had to come back 3 or 4 times as have his supporters. This is not business friendly. Naperville and Hinsdale do not require as much paper work. He brought photos of his favorite outdoor dining sites, and said that the café will be a good start. The downtown area needs finishing touches.

8. Bill Waldack, 1409 Willard Place, said he was on the Alternative Transportation Subcommittee for the bike route, as it is not a bike path. He said he attended the meetings and listened to the NIMBY arguments about using the NICOR easements. He is in support of using the easement. Drivers do not always follow traffic regulations and go through stop signs or speed through neighborhoods. The bike route was to get people out of their cars and off the streets. By using the street rather than the NICOR easement they are unnecessarily adding 9 intersections and over 62 driveways to the route. Cars park on streets and block sidewalks, and the route zigzags in different ways. Residents complain that 8’ will deprive them of their living space. He indicated that his concern is the children, not the avid cyclists. Children will be less cautious in higher traffic. Mr. Waldack said this is a safety issue.

9. Chuck Keenley, 1014 Mistwood Lane, said regarding the sidewalk café, there are two sides to the issue, the concerns of the neighbors and the needs of the businesses. He believes compromise is the solution by the Village enforcing the hours, not bending the rules and monitoring the café. The CBD needs this as a shot in the arm, as there are vacancies and uncertainties in the CBD . Mr. Keenley said that Founders Hills has addressed a concern of the CBD . He said people want this café and it is part of welcoming a new future.

10. Jeff Baker, 1601 Hatch, said he saw groups of kids going to restaurants recently and believes the Founders Hills café will attract young adults.

11. Chip Barber, 6000 Ridgewood Circle, said he and his family would frequent an outdoor dining area and he believes this deserves a chance. It should be opened up to families.

12. Steve Petkus, 1049 Grove, said he is not opposed to Founders Hill or a revitalized downtown. His father owned a business in downtown Aurora as did their neighbors. He has always lived close to downtown areas. Grove Street was perfect in 1978 when he moved there. There have been many changes such as concerts, movies, Heritage Festival, Pro Criterium races, and the Brewers Fest that were never there before. He still believes in the downtown area and does not disagree that an outdoor café will be good for the downtown area; however, he does not want it in his front yard. In regard to Naperville, two restaurants at one intersection have outdoor cafes and in the past three years they have changed hands twice, so outdoor cafes do not guarantee success. He said he does not want a café on Grove. The easternmost residents of Grove Street will have this café in their faces seven days a week, eleven hours a day. He said it is interesting that those who have come up and supported the café have something to do with the downtown businesses. The most logical people who should support the businesses in the downtown are the people who live closest—the residents on Grove Street. Mr. Petkus said that there are many businesses who want outside cafés, including Vivaldi’s, Early Risers, etc. However, they are not on a residential street. Grove Street is a residential street, it is only two blocks long and has a park, church, close to 100 residents, and the sides of two businesses which makes it unique. These residents have a vested interest in protecting their neighborhood. They have put up with all of the previously mentioned special events because they will eventually end. The café will be seven days a week, eleven hours a day.

13. Ron Moeller said it is not a 20’ distance as the right-of-ways are 66’. Mr. Petkus responded that standing where the proposed café will be on Grove Street the nearest business is Carlson’s building. Measure that distance and another measurement to the closest residence. He said it is about 20-25’.

14. Joe Gerard, 1121 Grove Street, said that real estate values are up everywhere. If there is no café it does not mean the values will go down. He wants to keep Grove Street residential. The Naperville cafes are about 2-3 blocks from residences. He asked the Council if they would like to have a 60-person party in their front yard every night. He goes to Founders Hill but is opposed to the outdoor café on Grove.

15. Collette Wrona, 1033 Grove Street, said her family has owned the property where she lives for over 100 years. She would rather be at the Park Concert than at this meeting. She said that people have said they would like to “try” the café on Main Street, but she thinks this is a done deal. Ms. Wrona said many members of her family worked at businesses on Main Street. Grove Premium’s leaving is a real loss and the bank is also leaving which are losses to Downers Grove and she asked why they are leaving. She said Founders Hill is a brewpub. She attended a restaurant show and there were representatives of brewpubs who did not appear to need cafes to run their business. Ms. Wrona said perhaps they need someone to come in and see the difference between a bar, a cabaret and a brewpub. She sees no improvement to the downtown area. She mentioned that Starbucks has cigarette butts on the sidewalks, the Sweet Spot has a portable fence and planters that are taking up sidewalk property. The proposed café on Grove Street will be on public property. She recommended having an unprejudiced outside consultant come out, and also trying this café on Main Street only first.

16. Sue Davison, 4336 Florence, said that people keep referring to going to restaurants and drinking alcohol. She said she has been to Founders Hill many times and they do not drink.

17. John LeDonne, 1221 Parkway Street, said he attended a follow-up meeting after the Brew Fest. Residents expressed concerns about ramifications if the rules were not followed. At the Brewers Fest music was still going on at 10:30 p.m. when it was supposed to be shut down at 10:00 p.m. He hoped the Council would discuss what the ramifications would be.

18. Marta Cullen, 4720 Middaugh, said she finds a major sense of fear of change in Downers Grove of those who have lived here a long time. It is time for change and it needs to be in the best interests of all. She said that the people should not let the sense of fear make the decision for them. She recommended that the Council grant this and manage and maintain it. She asked that Founders Hill be given a chance to prove themselves.

19. Steve Petkus, 1049 Grove, said this is not fear but a matter of fate. When the Methodist Church bought houses for their parking lot, they assured the residents that the gate would be closed because it would violate their tax-free status. The gates are open and the Church rents out spaces.

Regarding this year’s Brewer’s Fest, the residents met with Founders Hill and set up a plan as a cooperative effort. The music was supposed to stop at 10:00 p.m. and it did not. It ran until 10:20 or 10:30 p.m. The music played Friday night and all day Saturday, and a gentleman from Denburn Woods came up to him saying he could hear the music on Turvey Court on Saturday afternoon. The residents put up with this by compromising and making sacrifices. Mr. Petkus said that the Church did not live up to their end of the bargain, and Founders Hill did not live up to their end of the bargain for Brewers Fest. There is no assurance that they will in the future. He said if this was happening in the Council members’ front yards they would be worried about it as well.

B. Comments and Questions on General Matters

There were none.

5. Public Hearings

Amendments to Annexation Agreement – Northeast Corner of 31st Street and Highland Avenue Mayor Krajewski called the public hearing to order at 7:45 p.m. to consider the proposed second amendment to the annexation agreement for the property located at the northeast corner of Highland Avenue and 31st Street. This is commonly known as Highland Landmark, and Opus North Corporation is the owner. Notice of this hearing was published in the Downers Grove Reporter on May 19, 2000.

The Manager then summarized the annexation agreements and identified the property involved. The Manager said the purpose of the hearing is to obtain public comment on the request from Opus North. He said the three issues involved the traffic impact of the project. Opus has asked to modify the provisions of the annexation agreement by eliminating the right turn lane at the north west corner of Ogden and Main, reliving them from the requirements of the second traffic signal at 31st and their westerly driveway, and clarify the terms regarding the floor area ratio. He asked Ken Rathje to provide additional information.

Ken Rathje, Director, Planning Services, presented an overview of the conditions that existed when the annexation agreement was undertaken. The property is 42.2 acres at the northeast corner of Highland and 31st Street and was annexed in 1986 and amended in 1989 to add two acres. At that time the North/South Tollway was not yet constructed which placed an additional burden on the east-west roadways. Highland Avenue and Butterfield Road intersection was deemed to be one of the three worst roadways in the state. Since 1985 Opus has constructed three buildings on the site totaling about 955,000 square feet. Since the construction the Tollway has been built and significantly changed the traffic movement in the area, the bridge over Highland Avenue has been built and dramatically improved the intersection; 31st Street has been improved with turning lanes and added lanes, and the first traffic signal for the Highland Landmark development has been installed and is expected to be operational by the end of the month.

Mr. Rathje said the amendments proposed are traffic related. One concern is the question of a second right turn lane for traffic northbound from Highland Avenue eastbound to 31st Street. Based on review, DuPage County has determined there is not enough traffic to require the second right turn lane.

Secondly, regarding Ogden and Main improvements, it was originally projected that intersection improvements would be necessary due to the anticipated traffic impact. However, with the improvements to Main Street as part of the Main/Highland improvements, the County made several improvements that satisfy the obligation originally imposed upon Opus as part of the original annexation agreement. Therefore, Opus is requesting relief from this requirement.

Thirdly, regarding the annexation requirements of a second traffic signal at 31st Street and Opus’ westerly driveway, based upon the anticipated traffic impact, Mr. Rathje said that the signal has not been installed due to the lack of traffic warrants. The traffic engineers of the County said they believed it was not likely that there will be adequate warrants to justify the second signal even after full construction. The Village’s staff wants to keep the option open. The annexation agreement has been structured so that there is a trigger for a traffic study to be undertaken six months after 80% occupancy of the final building. If there is not adequate traffic, Opus would be relieved of their obligation. The annexation agreement requires Opus to provide a letter of credit to guarantee funds for the signal.

Commissioner Schnell said she was glad to see the Village is reserving the right to a second traffic light. She asked if the annexation agreement included a provision for a second right turn lane going west bound to north bound at Highland and 31st Street.

Mr. Rathje said there is no provision in the annexation agreement; however, there is adequate room. The striping would need to be modified. He said Opus has expressed an interest in having this happen.

Commissioner Schnell suggested DuPage Mayors and Managers address this to the County.

Commissioner Sisul complemented Opus on the excellent work that was done on the site including the design and materials used. He believes that the amendments requested are appropriate at this time.

Commissioner Gilbert asked what percentage of occupancy there is in the whole center. Randy Tieman, Executive Vice President, Opus North Corporation, said that 950,000 square feet have been built, and they are close to being fully occupied. He said it is all leased.

Commissioner Gilbert asked about the tenant mix and what affect that would have on the need for signalization.

Tom Adomshick, Traffic Engineer, James Benes & Associates, said the estimated trip generation was based on the Institute of Transportation Engineers trip generation rates. Since the original annexation agreement, the database to determine trip generation rates has expanded. Based upon present rates it is determined that the larger the office development, the average trip generation rates decrease. The figures are based upon mature office developments. He said that traffic counts were performed in 1999, which were compared to estimates and they were less. He said they are confident that the ITE rates are appropriate for this development. In response to Commissioner Gilbert, Mr. Adomshick said that the ITE rates are based on mature office complexes and it is difficult to determine how far off the figures could be if there is a more intense use.

Mr. Tieman noted that over time, people’s working hours have changed which has also affected the traffic impact.

Commissioner McConnell said she looks out on the site every day and appreciates the stature and location. Regarding 2B in the second amendment to the agreement, she said it indicates the agreement would end December 15, 2005. Mr. Rathje said it should read 2006, which is the twentieth anniversary of the annexation agreement, which was the maximum length of the agreement.

Mr. Bob Sullivan said he was opposed to this development for a long time. He said, however, that he has come to respect Mr. Rathje for what he does, as well as Opus for putting in the development and improvements they were supposed to do. Mr. Sullivan said he is done objecting and welcomes them to the community.

Mr. Rathje said there is timeliness on this request as Opus is having a hearing before the Plan Commission on June 27th.

Since there were no further comments or questions, Mayor Krajewski declared the public hearing closed at 8:16 p.m.

6. Consent Agenda

COR00 -00146 Claim Ordinance: No. 5335, Payroll 6/2/00 and No.5336, Payroll 6/16/00 Sponsors: Accounting Indexes: N/A

BIL00 -00141 List of Bills Payable: No. 5334, June 6, 2000 Sponsors: Accounting Commissioner Gilbert questioned Items 8198, 8335 and 8427.

Mayor Krajewski questioned Item 8387. Indexes: N/A

BID00 -00142 $10,000 to the Village of Woodridge for 4th of July Fireworks; Computer equipment from Gateway, Inc. Sponsors: Community Events Commission and Information Services A motion was made to Approve this file on the Consent Agenda. Indexes: Heritage Festival 2000, Village Hall – Office Equipment, Computers

Passed The Consent Agenda

A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, that the consent agenda be passed. The motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski

7. Active Agenda

RES00 -00135 Resolution: Authorize an Intergovernmental Agreement with the Downers Grove Sanitary District to Provide for the construction of the Central Business District Redevelopment, Phase III Sponsors: Village Attorney Summary of Item: Adoption of this resolution will authorize an agreement with the Downers Grove Sanitary District for the Phase III of the CBD public improvements. This will provide for payment to the Village from the Sanitary district of approximately $458,096.00 for Sanitary District improvements.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE DOWNERS GROVE SANITARY DISTRICT TO PROVIDE FOR THE CONSTRUCTION OF THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT , PHASE III

RESOLUTION NO . 2000-25 A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Sanitary District, Central Business District, Phase III

RES00 -00136 Resolution: Grant Founders Hill Sidewalk Cafe License Sponsors: Manager’s Office Summary of Item: Adoption of this resolution will authorize a license agreement with Founders Hill Brewing Company 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 FOUNDERS HILL BREWING COMPANY

RESOLUTION 2000 -26 Commissioner Schnell said in the original ordinance passed and the wording of the Resolution, it says that if for some reason things are not satisfactory, any structure shall be removed within 30 days. She asked if this means that if the café is approved and it is unsatisfactory, if Mr. Montesantos have to remove it. Attorney Blondin said he would and there is a letter of credit in the amount of $1,000. Commissioner Schnell asked if the Letter of Credit is sufficient. Attorney Blondin said the Village Engineer said it would entail breaking up the concrete. He said that the Council could decide whether to leave the concrete in even if it is not used.

Commissioner Sisul said he listened to the comments of tonight’s and other meetings, as well as written comments. Speakers have indicated that the noise level needs to be properly controlled. He reviewed some of the comments regarding noise carrying up to the condominiums and impacting the quality of life, as well as those who thought this would adversely affect their real estate value. Some have indicated this is not necessary for the downtown. Commissioner Sisul said he has had occasion to meet with the people from Grove Street, as has Mr. Montesantos, and he senses no animosity against Mr. Montesantos by the residents.

Commissioner Sisul said he is concerned about how this ordinance will be applied in the future. The liquor license was approved for public property, as there is no uniform property line in the Village. He said that this is being looked at in terms of what is in the best interests of the neighbors and the Village, and not on a personal or political basis. Commissioner Sisul said he is not convinced that they are dealing with Grove Street as a residential street. They must draw the line as to what part is business and what part is residential. The Zoning Ordinance sets it as behind the building, not along side the building. He said the entire property is authorized as business use. The business district runs to the driveway behind the building and that must be kept in mind. In reviewing the diagram of the proposed café, Commissioner Sisul said it is significantly different from the Sweet Spots approach. Founders Hill is providing an awning and shrubbery to make it in keeping with an outdoor dining atmosphere. He said that steps have been taken by the owners to reduce the noise. None of the other restaurants proposing outdoor seating come up to the level of sophistication and decoration of Founders Hill, and he sees Founders Hill making a far greater commitment than any of the other applicants.

Regarding the noise level, Commissioner Sisul said he thinks that steps have been taken to lessen the noise. Rubber tips will be placed on the ends of the chairs and other steps will be taken. He pointed out that there is also a noise ordinance in the Village for added protection. He said there were efforts on both sides to alleviate the problems and work out an agreement. If this does not work, the Council will have to review.

Regarding Brewer’s Fest going over 20 minutes with the music, he pointed out that Founders Hills has not been before the Liquor Commission for selling liquor to minors. They have followed the law. He believes this is a situation where the Village has approved an ordinance for this request, it fits within the business district, and meets the requirements established by the Village. He said that if they are not careful about how they set precedents in these issues, they could look at situations where the closeness of residents and objections of residents to something that is within the business district could really keep the Village from doing a lot of things that would create some precedents that he does not know they could live with. It would be like quicksand. He believes they are entitled to the license.

Commissioner Gilbert said that what existed in the Village in 1978 was nice. Things changed. He thinks this is good for the Village and has labored over this. He believes they are obligated to try new things. He said the proposal is packaged in a defined and organized way. They have the ability to alter the license by changing hours or using other methods. There is a way to clean up any problems that might exist.

Mayor Krajewski said the ordinance was put in place for public sidewalks to be used for cafes. They are not voting on that. He noted that property lines are different in the downtown area, where some businesses actually own the sidewalk property. He did ask for some measurements as well from Grove Street residents to the business area including Founders Hill, Vivaldi’s, Block 117, etc. He said that most of the streets have residential areas in outlying areas of the Central Business District. In researching this he saw Mr. Montesanto’s original proposal in 1997, and that proposal has been modified over the years, including reducing the hours to 10:00 p.m., eliminating background music, and making it smaller in size. He said that the ordinance is in place and there are provisions to act if necessary. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Nay: Commissioner Schnell Indexes: Founders Hill, Outdoor Cafe License Commissioner Schnell said her “No” vote was based on several factors in the original ordinance, one of which was the fact that the site is directly next to a residential area and would have a direct impact on the quality of life on Grove Street. Also, regarding the Licensee, there have been numerous complaints over the years about the Brewers Fest, and those were never fully rectified. She said she knows there are provisions to react if problems arise, however, she knows this is a major financial investment by Mr. Montesantos and to put $50,000 in and have it pulled because the rules are not followed is not to his benefit. She congratulated Founders Hill on not failing controlled buys; however, according to the ordinance originally adopted by the Villlage Council, past behavior can be taken into account and Founders Hill has been involved in five DUI arrests, the second most of any establishment in the Village. This was a very strong factor in this “No” vote.

Commissioner McConnell said she is in support of the outside café. She was disappointed that there were potential opportunities and alterations that could have been made to the plan to alleviate some of the complaints and concerns of the communityand still meet the goals of Founders Hill, and they were not made. Her “No” vote is based on the very specific plan submitted.

ORD00 -00137 Ordinance: Authorize the Sale by Public Auction Conducted by the DuPage Mayors and Managers Conference of Personal Property Owned by the Village of Downers Grove Sponsors: Deputy Village Manager Summary of Item: Adoption of this ordinance will authorize the sale of various vehicles and equipment owned by the Village of Downers Grove at a public auction conducted on June 17, 2000 by the DuPage Mayors and Managers Conference.

AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4200 A motion was made by Commissioner Gilbert to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Schnell, Commissioner Sisul and Mayor Krajewski Indexes: DuPage Mayors & Managers, Auction

RES00 -00138 Resolution: Accept Village Bikeway Plan Sponsors: Parking & Traffic Commission Summary of Item: At their meeting of April 18, 2000, the Downers Grove Parking and Traffic Commission unanimously recommended adoption of the Village of Downers Grove Bikeway Plan.

A RESOLUTION ADOPTING THE VILLAGE OF DOWNERS GROVE BIKEWAY PLAN

RESOLUTION NO . 2000-27 Commissioner Sisul said he appreciated the comments made today and believes they need to move forward to what has been presented. He tends to think that this issue can be revisited in the future. He is not convinced that the use of the right-of-way would be detrimental.

Mayor Krajewski said that they may find there will be some dangerous areas as this program is implemented. 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 Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Bikeway Plan

ORD00 -00139 Ordinance: Amend Provisions of the Downers Grove Municipal Code to Create the Downers Grove Technology Commission Sponsors: Council Workshop and Village Attorney Summary of Item: Adoption of this ordinance will establish a seven member Technology Commission. This Commission will assist in evaluating and making recommendations related to the purchase and use of new technology.

AN ORDINANCE AMENDING THE PROVISIONS OF THE DOWNERS GROVE MUNICIPAL CODE TO CREATE THE DOWNERS GROVE TECHNOLOGY COMMISSION

ORDINANCE NO . 4201 A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Technology Commission Mayor Krajewski said that there have been many responses of people wishing to serve on this Commission, and he thanked those who have submitted their resumes for consideration.

MOT00 -00143 Motion: Approve Community Grants 2000/01 Sponsors: Community Events Commission Summary of Item: Motion to approve the following grants of Hotel Use Tax receipts to be used for expenses as identified by the applicant in the budget submittal, as approved by the Community Grants Committee and the Community Events Commission. These grants are to be paid on a reimbursement basis upon submittal of paid receipts.

West Suburban Humane Society – Walkathon $4,960 Knights of Columbus – Float & Flags 950 DG Swim & Racquet Club – July 4th Float 500 DG Roadrunners – July 4th Float 500 Maple Hill Recreation Corp. – July 4th Float 500 West Suburban Youth Orchestra Concert 1,000 DG Downtown Management – Founders Day & Hospitality Sunday 3,200 DG Downtown Management – Fine Arts Festival 4,670 DG Concert Association Season 10,000 Grove Players – Season Advertising 5,500 Questers Plow Boys – Museum Lighting 3,000 Friends of the Library Storybook Parade 300 Shining Star Childrens Play Workshop 300 AAUW – Book Sale Support 3,200 DG Historical Society Cemetery Study 3,500 DG Choral Society Season 10,000 Indian Boundary YMCA - Y-Games 1,200 Indian Boundary YMCA – Basketball Tournament 1,400 Rotary Club – Halloween Window Painting 1,320 Midwest Ballet Nutcracker Costumes 1,500 $ 57,500

A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, to Approve this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Indexes: Community Grants Commissioner Sisul noted that the money for these grants comes from the Hotel Use Tax.

Commissioner Gilbert said that the Community Grants Committee did a great deal of work to arrive at this final list.

Mayor Krajewski expressed his thanks to Dave Humphreys and the Committee for their work.

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – April 26, 2000 Liquor Commission – May 4, 2000 Zoning Board of Appeals – April 26, 2000 Materials to be Received – Monthly Reports

Social and Health Services, Police, PSRT , and VOC for April 2000 Commissioner McConnell said that the monthly reports were not in her packet. The Village Clerk said they were included in the Workshop packet the previous week. Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Materials to be Placed on File

New Business

Mayor Krajewski read a proclamation proclaiming June 14 as Flag Day.

9. Manager’s Report

The Manager reported that the concrete has been poured on Curtiss Street between Main and Washington.

10. Attorney’s Report

Village Attorney Blondin said he was presenting two items to the Council:

Future Active Agenda

RES00 -00144 Resolution: Lot Split – 702 Maple Avenue Sponsors: Plan Commission and Planning Services Summary of Item: Mayor Krajewski said at their meeting of May 2, 2000, the Plan Commission recommended that a lot split be granted to permit the lot split for 702 Maple Avenue. Exceptions will be authorized to permit lot widths of 69.87 feet and 74.01 feet for the resulting lots with the condition that the existing residential structure be razed before issuance of any building permits.

A RESOLUTION APPROVING LOT SPLITS WITH AN EXCEPTION AS REGARDS LOT WIDTH FOR THE PROPERTY AT 702 MAPLE AVENUE

RESOLUTION 2000 -29 Indexes: Lot Split

ORD00 -00145 Ordinance: Vacate Alley Right-of-Way Sponsors: Plan Commission and Planning Services Summary of Item: Mayor Krajewski said at their meeting of January 4, 2000, the Plan Commission unanimously recommended that an alley between Highland Avenue and Main Street at Rogers Street be vacated, contingent upon reservation of temporary easements for utilities until alternative facilities were installed.

AN ORDINANCE VACATING A CERTAIN PORTION OF A PUBLIC RIGHT -OF-WAY IN THE VILLAGE OF DOWNERS GROVE (ROGERS ALLEY BETWEEN HIGHLAND AVENUE AND MAIN STREET )

ORDINANCE NO . 4202 Indexes: Vacation, Vacation – Alley

New Business

The Attorney said he was presenting two new items. He said as a result of the Village Manager’s evaluation, he has been directed to prepare a motion to alter the Village Manager’s salary. Further, a resolution been prepared for the Council’s review to provide for a money purchase plan (401A plan) under the ICMA Retirement Trust fund.

Mr. Blondin said it would be necessary to waive the one week waiting period to consider new business.

Commissioner Schnell moved to waive the one-week waiting period to consider new business. Commissioner Sisul seconded.

Vote: YEA – Commissioners Schnell, Sisul, McConnell, Gilbert, Mayor Krajewski

MOT00 -00153 Motion to increase salary of Village Manager Michael McCurdy Sponsors: Village Attorney Summary of Item: Motion to authorize incrase in salary of Downers Grove Village Manager Michael McCurdy, effective April 1, 2000, by $10,000 from $100,000 to $110,000. The Village satff is directed to take such actions as may be needed to implement the terms of this motion.

Pursuant to the employment agreement between Michael McCurdy and the Village of Downers Grove, the Village Council may increase Mr. McCurdy’s salary by motion without the need to amend the employment agreement. This motion will increase that salary by $10,000 to $110,000. Indexes: Village Manager

RES00 -00154 Resolution providing for a money purchase plan Sponsors: Village Attorney Summary of Item: This will authorize the Village of Downers Grove to establish a money purchase retirement plan in the form of the ICMA Retirement Corporation Governmental Purchase and Trust.

A RESOLUTION PROVIDING FOR A MONEY PURCHASE PLAN

RESOLUTION 2000 -28 Indexes: Retirement – Money Purchase Plan

11. Council Member Reports and New Business

1. Commissioner McConnell thanked everyone who participated in the Action Forum.

2. Commissioner Gilbert said there are 16 days until the 19th Heritage Festival. Pre-sale tickets are available at numerous locations throughout the Village. The cost is $19.00 for a sheet of 40 tickets. There are more rides than ever before. He stated that Festival begins on Thursday evening from 6:00 to 10:00 p.m. with ride all you want for $12.00. On Friday, from 10:00 a.m. to 3:00 p.m. only for $8.00 the children’s rides are open for unlimited rides.

Commissioner Gilbert said that earlier in the evening a presentation of the Reiter trophy was made, and he wanted everyone to remember that the trophy was named in honor of Terry Reiter. He was a close friend of Commissioner Gilbert and was loved by many kids and residents. Terry was “Torch the Clown” at the beginning of the Fourth of July parades, and he fought very hard to bring the paramedic program to Downers Grove. He died at the age of 42. Commissioner Gilbert said Terry was 100% pure Downers Grove and will always be remembered for his bright smile and his affection for the town.

3. Commissioner Schnell asked about the corner of Warren and Main, stating that the right turn arrow is very short. She said only three cars can get through. She asked that the Manager look at making the signal longer through the construction period to eliminate the frustration by possibly having a patrol officer there.

Manager McCurdy said they are looking at that as well as other issues, such as stacking. Commissioner Schnell said she would like to have a report on it.

4. Mayor Krajewski congratulated the resident committee that worked on the Cancer Relay for Life, which raised $106,000 in their walk.

12. Adjournment

Mayor Krajewski declared the motion carried and the meeting adjourned at 9:05 p.m. A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, to Adjourn this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski