August 01, 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 6:32 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 Michael Gilbert, Commissioner Thomas Sisul, Commissioner Marilyn Schnell and Mayor Brian Krajewski Non Voting: Village Clerk April Holden

Mayor Krajewski said the meeting is being broadcast live. He said he would like to remind everyone present that the Council meeting is broadcast over the local FM radio station, WDGC . In addition, a tape recording and videotape of the meeting are being made using Village owned equipment. The videotape of the meeting will be used for later rebroadcast of the Council meeting over the Village cable television Channel 6.

The Council will follow the rules of conduct for this meeting as provided in Sec. 2.5 of the Downers Grove Municipal Code. These offer the public the opportunity to comment at several points in the meeting. First, immediately following approval of the minutes of the past meetings, an opportunity will be given for public comments and questions on the active agenda items for this evening’s meeting. Following this, an opportunity is given for public comments and questions on any subject. Finally, if a public hearing is scheduled for this meeting, an opportunity is given for public comments and questions related to the subject of the hearing.

The Mayor stated that at the appropriate time the presiding officers will ask if there are any comments from the public. If anyone wishes to speak, the individual should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name and address. He stated that remarks be limited to five minutes, and asked that individuals refrain from making repetitive statements.

The Mayor said there are agendas located on either side of the Council Chambers, and he invited the audience to pick up an agenda and follow the progress of the Council meeting.

3. Minutes of Workshop and Council Meetings

Executive Session for Approval Only – July 11, 2000 Council Minutes – July 18, 2000 Workshop Minutes – July 25, 2000 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

1. George Swimmer, 401 Ogden Avenue, commented on the Belmont crossing underpass, which may become a reality within the next five years. Mr. Swimmer said that through the work of Mayor Krajewski and Patti Bellock a committee was formed to put together a financing plan for the underpass at a cost of between $20-$25 million. He said that all of the governmental agencies worked together on this project and moved forward to see that the underpass becomes a reality. Mr. Swimmer said that this will not cost the people of Downers Grove anything. The majority of funding will be through METRA and the State of Illinois. He thanked the Mayor and other government officials for their involvement.

Mr. Swimmer said that one of the largest costs for underpasses is private land acquisition. He would like to see plans studied now regarding where the underpass can be constructed. He asked that the Village continue to participate in this project and work toward seeing the underpass constructed as soon as possible.

5. Public Hearings

6. Consent Agenda

COR00 -00188 Claim Ordinance: No. 5341, Payroll 8/1/00 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -00189 List of Bills Payable: No. 5342, August 1, 2000 Sponsors: Accounting Commissioner Gilbert questioned item 9743 on page 3.

Mayor Krajewski said the Manager has his questions. A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -00191 Bid: Heritage Festival Payment: Forces, Inc. Sponsors: Community Events Commission A motion was made to Approve this file on the Consent Agenda. Indexes: Heritage Festival 2000 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

ORD00 -00181 Ordinance: Amend Parking Restrictions on Camden Road and Ticonderoga Road Sponsors: Parking & Traffic Commission Summary of Item: Mayor Krajewski said at their meeting of June 6, 2000, the Parking & Traffic Commission unanimously recommended that parking on certain portions of Camden Road and Ticonderoga Road be restricted between the hours of 8:00 a.m. and 11:00 a.m. except on Saturdays, Sundays and holidays.

AN ORDINANCE AMENDING PARKING RESTRICTIONS ON CAMDEN ROAD AND TICONDEROGA ROAD

ORDINANCE NO . 4207 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: Parking Restrictions – Camden Road

ORD00 -00182 Ordinance: Restrict Weight Limit on Inverness Avenue Sponsors: Parking & Traffic Commission Summary of Item: Mayor Krajewski said at their meeting of June 6, 2000, the Parking and Traffic Commission unanimously recommended that a 10,000 pound weight limit be established for Inverness Avenue which restricts truck traffic except for local deliveries.

AN ORDINANCE RESTRICTING VEHICLE WEIGHT LIMIT ON INVERNESS AVENUE

ORDINANCE NO . 4208 The Mayor said he has had discussions with the Village Manager and Police Department, and noted that overweight trucks cause considerable damage to the roadways. He said the State and County require permits. The Village signs off on the County permit and does not currently charge a fee. He said he asked Marty Lyons check on the potential for charging fees for the overweight trucks.

Marty Lyons, Director, Financial Services, said he believes Lombard collects approximately $25,000 in overweight fees annually.

The Manager said staff is already pursuing this.

Commissioner Gilbert said he met with a woman during Heritage Festival who resides on Sterling near 39th and Ogden, and she expressed the same concerns. He asked that staff look at the weight restrictions in that area as well. A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Adopt this file. * *Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sisul, Commissioner Gilbert, Commissioner Schnell and Mayor Krajewski Indexes: Weight Restrictions – Inverness Avenue

RES00 -00194 Resolution: Authorize Execution of Intergovernmental Agreement for Build Illinois Bond Funds with Illinois Department of Natural Resources for NiGas Bikeway Sponsors: Public Works Summary of Item: Mayor Krajewski said this shall authorize a grant agreement between the Village of Downers Grove and the DNR for grant funds in the amount of $100,000 for development of the NiGas Bikeway.

A RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DEPARTMENT OF NATURAL RESOURCES

RESOLUTION 2000 -33 A motion was made by Commissioner Gilbert to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell and Mayor Krajewski Indexes: Bikeway Plan, Illinois Department of Natural Resources

RES00 -00195 Resolution: Authorize 2000 Farmers’ Market Agreement Sponsors: Deputy Village Manager Summary of Item: Mayor Krajewski said this will approve the 2000 Farmers’ Market agreement between the Village and the Indian Boundary YMCA .

A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE INDIAN BOUNDARY YMCA TO JOINTLY CONDUCT THE 2000 DOWNERS GROVE FARMERS ’ MARKET

RESOLUTION 2000 -34 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: Farmers’ Market

RES00 -00196 Resolution: Agreement to Participate in the Local Governmental Property Assessment Consortium Sponsors: Finance Summary of Item: Mayor Krajewski said this shall authorize an intergovernmental agreement between the Village of Downers Grove and Community High School District 99, Downers Grove Grade School District 58, Darien Public Schools District 61, Center Cass School District 66, Woodridge Elementary District 68, Puffer-Hefty School District 69, and Lisle/Woodridge Fire Protection District (the “Local Governmental Property Assessment Consortium”), to address mutual concerns related to property assessments and to take appropriate measures to achieve proper assessment of properties located in Downers Grove, Lisle, Milton and York Townships in DuPage County, Illinois.

A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT TO PARTICIPATE IN THE LOCAL GOVERNMENTAL PROPERTY ASSESSMENT CONSORTIUM

RESOLUTION 2000 -35 The Mayor said the Village does not get much of the taxes from this, but the funds help support the school districts. 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: Property Assessment Consortium

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – 6/28/00 & 7/12/00 Materials to be Received – Monthly Reports

Fire Department for May 2000; Police, PSRT , VOC, Social and Human Resources for June 2000 A motion was made by Commissioner Schnell, seconded by Commissioner Sisul, to Accept this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Sisul, Commissioner Gilbert and Mayor Krajewski Materials to be Placed on File

9. Manager’s Report

The Manager noted that there was a fairly extensive power outage today caused by a collapse of a feeder line at 55th and Fairview, causing an outage south of the railroad tracks to 59th Street, from Fairview west to I-355. It began about 1:30 p.m. ComEd had the entire area operating by 3:30 p.m.

10. Attorney’s Report

Future Active Agenda

ORD00 -00193 Ordinance: Amended and Final Planned Development Plans for Planned Development #29 – Highland Landmark Phase IV & V Sponsors: Plan Commission Summary of Item: Mayor Krajewski said at their meeting of June 27, 2000, the Plan Commission unanimously recommended approval of the Phase IV and V plans for the Opus Place (Highland Landmark) Planned Development #29 located at the northeast corner of Highland Avenue and 31st Street.

AN ORDINANCE APPROVING AMENDED AND FINAL PLANNED DEVELOPMENT PLANS FOR PLANNED DEVELOPMENT #29 – HIGHLAND LANDMARK PHASE IV & V

ORDINANCE NO . 4210 Indexes: Planned Development #29-Highland Landmark

ORD00 -00197 Ordinance: Amend the Plumbing Code Provisions of the Downers Grove Municipal Code Sponsors: Code Services Summary of Item: Mayor Krajewski said this will amend plumbing code provisions of the Downers Grove Municipal Code and set forth a schedule of plumbing permit fees.

AN ORDINANCE AMENDING THE PLUMBING CODE PROVISIONS OF THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4211 Indexes: Fee Increases, Plumbing Code

ORD00 -00198 Ordinance: Amend the Electrical Code Provisions of the Downers Grove Municipal Code Sponsors: Code Services Summary of Item: Mayor Krajewski said this will amend electrical code provisions of the Downers Grove Municipal Code and set forth a schedule of electrical permit fees.

AN ORDINANCE AMENDING THE ELECTRICAL PROVISIONS OF THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4212 Indexes: Fee Increases, Electrical Code

ORD00 -00199 Ordinance: Amend the Building Code Provisions of the Downers Grove Municipal Code Sponsors: Code Services Summary of Item: Mayor Krajewski said this will amend building code provisions of the Downers Grove Municipal Code and set forth a schedule of building permit fees.

AN ORDINANCE AMENDING THE BUILDING CODE PROVISIONS OF THE DOWNERS GROVE MUNICIPAL CODE

ORDINANCE NO . 4213 Indexes: Fee Increases, Building Code

New Business

Village Attorney Blondin said the Council received an Ordinance in their packets regarding eminent domain litigation proceedings for the acquisition of certain property within the Village.

Attorney Blondin asked for adoption of the Ordinance directing the immediate initiation of eminent domain proceedings, reflecting that negotiations have not proven successful. He advised the Council that offers were sent to the property owners, and the responses were not indicative that further negotiations would be considered.

He 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

The Village Clerk then read the Ordinance.

ORD00 -00200 Ordinance: Direct Initiation of Eminent Domain Proceedings for Certain Property - 5157 Main Street Sponsors: Village Attorney Summary of Item: Mayor Krajewski said this will authorize the Village Attorney to initiate eminent domain litigation to secure ownership for the property commonly known as 5157 Main Street (Grove Premium) plus the adjoining vacant parcel to the east for the purpose of securing public off-street parking in this area.

AN ORDINANCE DIRECTING INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR CERTAIN PROPERTY (PIN 09-08-306-021 & 09-08-306-038)

ORDINANCE NO . 4209 Commissioner Schnell said she heard a lot of misinformation regarding this issue. She asked that it be clarified that the Village, in the proceedings, intends to acquire the property for a parking facility, not to raze the building on Main Street.

Manager McCurdy said that was correct. The Village’s interest is in the property in the rear of the building. He noted that the Village does own part of the parking area in the rear; however, there is a larger portion that the Village does not own and that is their primary interest. The property is identified in the Village’s long range plan to acquire the property for parking.

Attorney Blondin said it must be made clear that the Village is asking to acquire the entire tract for parking. If they do not need the property for parking in the future, the Council may consider other options.

Commissioner Sisul said he also believed there was some confusion in the minds of people that Grove Premium’s going out of business is related to the Village’s desire for the property. He said it should be made clear that Grove Premium’s decision to go out of business was before the Village’s involvement in this property.

The Mayor said that once the owners of the property put the property up for sale the Village became involved.

Commissioner Sisul said that parking behind the building has been private. He said it is in the best interest of the Village to acquire the entire piece of property for parking purposes for the public. 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: Village Property – Acquisition

11. Council Member Reports and New Business

12. Adjournment

The meeting was adjourned at 6:55 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