January 15, 2002

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 Michael Gilbert, Commissioner Thomas Sisul, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Non Voting: Village Clerk April Holden, Village Manager Riccardo Ginex and Village Manager Riccardo Ginex

3. Minutes of Workshop and Council Meetings

Council Meeting – December 18, 2001 Council Workshop – January 8, 2002 Executive Session Minutes for Approval Only – December 11, 2001 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted.

Fire Department Awards

Fire Chief Ruscetti presented service awards and unit citations for examplary service related to specific emergency calls.

The first unit citation was awarded to Engine 751, Lt. Dan Gilbert, Firefighter Paul Kaski and Firefighter Paramedic Bill Lumino; and Medic 754, Firefighters Jeff Paul and Brett Mowery in response to a call received on June 19, 2001 involving a three-year old child.

The next citation was awarded to Engine 731, Lt. Dave Sinderson, Firefighter Paramedics Brian Berlinguette and Jon Ibriham; Medic 734, Firefighters Greg Winkelman and Brad Cummings; Truck 719 and Squad 716, Lt. Joe Difatta and Firefighters Dan Picha, Mike Cipra, Pat Hardin and Lee Legler. This was in response to a call received on May 5, 2001 involving a man who was unconscious on a commuter train.

The third citation was awarded to Truck 719 and Squad 716, Lt. Jeff Pindelski and Firefighters Lee Legler, Dan Picha and John Christeson; Engine 731, Lt. Dave Sinderson, and Firefighter Paramedics Brian Berlinguette and Greg Morton; Medic 734, Firefighter Paramedics Brad Cummings and Jim Werner; and Medic 754, Firefighter Paramedics Jeff Paul and Paul Johnson. This was in response to a call received on August 8, 2001 involving a woman trapped under a train. Chief Ruscetti also thanked off-duty personnel, Firefighters Gary Rauch and Pat Molly, Firefighter Paramedic Bill Lumino, Lt. Dan Mejdrech, and Deputy Chief Jim Jackson for their part in this rescue effort.

Mayor Krajewski thanked Chief Ruscetti and all of the firefighters for the outstanding work they do in Downers Grove.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Laurel Bowen, 829 Clyde, asked for the date of the State of the Village address. Manager Ginex said it would be on February 16, 2002.

B. Comments and Questions on General Matters

The Mayor noted that the Gammonley Group issue would not be voted on this evening as there are still issues that the Village Attorney is working on.

Laurel Bowen, 829 Clyde, said she believed giving the Station Crossing property to the Gammonley Group for $86,000 was ludicrous She said they could, at the very least, offer a lottery to the highest bidder for the one acre property. She said that in her neighborhood a half acre residential lot sold for over $400,000. The Station Crossing property is valuable downtown property. Ms. Bowen said that $4.5 million was paid for the Johnson Printers property across the tracks from this property. She said that it might be better for the Village to wait for the market to make sense. She considers this an insult to the taxpayers of the Village. Ms. Bowen said that the Village is operating as though it is in the real estate business. She asked how they can propose this plan before the stormwater issue is finalized. She said she considers this to be an outrage.

The Mayor asked if she knew how much money this project would bring to the TIF , and noted that the projected income is $6.586 million which would go toward the work done on the infrastructure. He said they could have put this out to high bid and the developer would be able to put whatever they wanted on the site and bring in much less for the TIF . He noted that in the agreement, Gammonley is paying $350,000 for the remediation, as well as $100,000 to bury the utilities. The Mayor said that the developer will comply with the stormwater requirements as well.

Village Attorney Blondin said the situation with the stormwater will clearly be better off after the project. It is very likely that no waiver regarding stormwater will be requested. The Mayor explained that the Stormwater Ordinance allows for developers to provide a fee in lieu of the actual stormwater detention. He said it would be substantially better than the current conditions. The developer is projecting to get to the 100% level. Attorney Blondin said the Village is now looking at a regional stormwater plan for the CBD .

Dave Tatterson, 1240 Gilbert, encouraged the Village to put 100% detention on the Block 117 site. He said that moving it elsewhere does not solve the problem on the north side of the tracks. He noted the flooding problems he encounters on his property, and the surrounding properties.

The Mayor said that Gammonley is estimating a cost of about $200,000 in their containment for the site.

John Przybyl, 1227 Gilbert, commented that the entire landbank area has been cleared of all trees. He said that a 150-year old oak tree, and a 300 year-old tree were cut down. He said he thought during the RFP process there was discussion regarding saving those trees. In addition the parkway trees have had no protective fencing while heavy equipment is moving through. Mr. Przybyl said he thought there had been discussion encouraging the developer to be sensitive to those older trees, however that is not the case.

The Mayor asked the Village Manager to check on the protection of the parkway trees. He said that in the final plan one of the buildings was moved causing one of the trees to be removed. He said the staff will look into the removal of the other tree.

Brian Pabst, Deputy Village Manager, said that both developers indicated to the Village that they would save as many trees as possible. He noted that several of the parkway trees are very unhealthy. He is not familiar with the other tree that was removed. Mr. Pabst said he would check on the fencing issue, and said that the Forestry Department is planning on looking at removing some parkway trees next year. He noted that Rosol is planning to install more trees than were on the site. He said he would report back to Mr. Przybyl.

Jack McGuire, 1425 Gilbert, said he noticed that trees were cut down on Curtiss and also that the trees on Gilbert are gone. He said that some of those trees were planted at the turn of the century or earlier.

Dave Tatterson, 1240 Gilbert, said that an article in the Sun said that there would only be four units built on the landbank, and asked if that was correct. The Mayor said they would be building four foundations, each of which would have six units.

Mr. Tatterson asked whether they will build the units all at once. Mayor Krajewski said he did not know, and thought it depended on financing and the terms established by the bank. Mr. Tatterson asked what the Village’s intentions were. The Mayor said he would probably develop the land as he sells the units. Mr. Tatterson said the residents could end up having to look at holes in the ground for a couple of years while waiting for the market to improve. The Mayor said he did not know what the building schedule would be, as Rosol owns the property and will build the houses.

Attorney Blondin said the agreement anticipated to put in the pads all at once. There is a substantial completion deadline in the agreement, and that is somewhat contingent upon the market forces. He said he would send a copy of the contract to Mr. Tatterson.

Mr. Tatterson said that Morningside still has five units for sale. He said last August he was told they were ahead of schedule in selling the units. He reminded the Council that all the numbers and projections made for the landbank and Block 117 are depending upon selling the units. The Mayor said that this is bank controlled.

Commissioner Schnell said that cutting down the trees has resulted in many phone calls. She recommended that after demolition the developer be encouraged to grade the ground so it is not as much of an eyesore to the neighbors. The Mayor said that the developer would also be requested to fence the property as well. He asked Mr. Pabst to contact the developer. Mr. Pabst said they plan to install a 6’ fence around the area.

Greg Boltz, 1912 Brighton, complimented the Council on the landbank and downtown development. He said he doesn’t think the goal of the Village is to break contractors. He said that economic conditions must be taken into account.

Rita Martin, 4946 Montgomery, commented that there have been many comments made about the water retention on Block 117 and the removal of the trees from the landbank property. She said she doesn’t know how much longer people are going to tolerate this type of action.

Commissioner Sisul said in light of some of the comments, it might be useful to prepare the figures regarding the cost of development of the site and make it available to the public through the Manager’s Office.

The Mayor asked that Commissioners McConnell and Zabloudil have the Finance Committee work on this matter so this information can be made available to the public.

5. Public Hearings

6. Consent Agenda

COR00 -00749 Claim Ordinance: No. 5410, Payroll, December 14, 2001 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

COR00 -00741 Claim Ordinance: No. 5412, Payroll, December 28, 2001 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -00742 List of Bills Payable: No. 5414, January 15, 2002 Commissioner Schnell questioned item C0525 on page 6, and item 80431 on page 7. The Mayor said he gave his questions to the Village Manager. A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -00737 Bid: Award 2002 Heritage Festival Amusement Ride Contract to Astro Amusement Company, Inc. Sponsors: Community Events A motion was made to Approve this file on the Consent Agenda. Indexes: Heritage Festival 2002

BID00 -00736 Bids: $24,800 to Grossinger Chevrolet for Police Department Community Support Van Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Police Vehicles Passed The Consent Agenda

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

7. Active Agenda

RES00 -00740 Resolution: Approve Annexation Agreements Sponsors: Planning Services Summary of Item: This will authorize annexation agreements for the following properties, with annexation to occur as indicated:

• 5615 Belmont Road – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5707 Belmont Road – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5725 Belmont Road – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5735 Belmont Road – January 1, 2006, or at time of request by owner, whichever occurs first.
• 2340 College Road – January 1, 2008, or at time of request by owner, whichever occurs first.
• 2508 College Road – January 1, 2008, or at time of request by owner, whichever occurs first.
• 5720 Janes Avenue – January 1, 2008, or at time of request by owner, whichever occurs first.
• 5601 Pershing – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5604 Pershing – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5718 Pershing – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5750 Pershing – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5770 Pershing – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5947 Pershing – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5904 Woodward Avenue – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5909 Woodward Avenue – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5910 Woodward Avenue – January 1, 2006, or at time of request by owner, whichever occurs first.
• 5912 Woodward Avenue – January 1, 2006, or at time of request by owner, whichever occurs first.

A public hearing was held on these agreements on December 18, 2001. No rezoning or other land use approvals have been requested. As such, the properties will come into the Village under our R-1 zoning classification.

A RESOLUTION AUTHORIZING EXECUTION OF ANNEXATION AGREEMENTS FOR THE PROPERTIES LOCATED AT 5615 BELMONT ROAD , 5707 BELMONT ROAD , 5725 BELMONT ROAD , 5735 BELMONT ROAD , 2340 COLLEGE ROAD , 2508 COLLEGE ROAD , 5720 JANES AVENUE , 5601 PERSHING , 5604 PERSHING , 5718 PERSHING , 5750 PERSHING , 5770 PERSHING , 5947 PERSHING , 5904 WOODWARD AVENUE , 5909 WOODWARD AVENUE , 5910 WOODWARD AVENUE , AND 5912 WOODWARD AVENUE

RESOLUTION 2002 -2 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 Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes:

• Annexation/Water Service – 5615 Belmont, Annexation/Water Service – 5707 Belmont,
• Annexation/Water Service – 5725 Belmont, Annexation/Water Service – 5735 Belmont,
• Annexation/Water Service – 2340 College, Annexation/Water Service – 2508 College,
• Annexation/Water Service – 5720 Janes, Annexation/Water Service – 5601 Pershing,
• Annexation/Water Service – 5604 Pershing, Annexation/Water Service – 5718 Pershing,
• Annexation/Water Service – 5750 Pershing, Annexation/Water Service – 5770 Pershing,
• Annexation/Water Service – 5947 Pershing, Annexation/Water Service – 5904 Woodward,
• Annexation/Water Service – 5909 Woodward, Annexation/Water Service – 5910 Woodward,
• Annexation/Water Service – 5912 Woodward

MOT00 -00747 Motion: Approve 2002 Heritage Festival Budget Sponsors: Community Events Summary of Item: This will concur in the recommendations of the Community Events Commission related to the 2002 Heritage Festival budget. The projected budget includes $451,200.00 in expenses for the Heritage Festival, including fireworks and parade. A motion was made by Commissioner Gilbert, seconded by Commissioner Zabloudil, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Heritage Festival 2002

ORD00 -00746 Ordinance: Authorize Execution of a Redevelopment and Land Purchase Agreement Pertaining to Property in the Downtown Redevelopment Project Area of the Village of Downers Grove Sponsors: Village Attorney Summary of Item: This will authorize execution of a redevelopment and land purchase agreement between the Village of Downers Grove and R.T.G. Land Development Corporation pertaining to property in the Downtown Redevelopment Project Area of the Village of Downers Grove commonly known as Station Crossing.

AN ORDINANCE AUTHORIZING EXECUTION OF A REDEVELOPMENT AND LAND PURCHASE AGREEMENT PERTAINING TO PROPERTY IN THE DOWNTOWN REDEVELOPMENT PROJECT AREA OF THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4359 The Mayor said this item was removed from the agenda. Indexes: Block 117, Station Crossing

RES00 -00295 Resolution: Authorize Relocation Reimbursement for Kupper Insurance Sponsors: Deputy Village Manager Summary of Item: Resolution 99-19 established the Village of Downers Grove Relocation Assistance Program for local businesses within Block 117. Application for assistance has been made by Kupper Insurance. Adoption of this resolution shall authorize the Village to provide assistance to Kupper Insurance in the amount of $2,000.00.

A RESOLUTION AUTHORIZING RELOCATION REIMBURSEMENT FOR KUPPER INSURANCE

RESOLUTION 2002 -3 A motion was made by Commissioner Zabloudil, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Block 117 Relocation Expenses

RES00 -00744 Resolution: Authorize Execution of an Addendum to License Agreement with SMSA Limited Partnership to Install, Maintain and Operate Antenna Equipment on Village Property Sponsors: Village Attorney Summary of Item: This will authorize execution of an Addendum to a License Agreement between the Village of Downers Grove and SMSA Limited Partnership d/b/a Verizon Wireless which provides for amendments to the original license agreement dated May 17, 1993.

A RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO LICENSE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND CHICAGO SMSA LIMITED PARTNERSHIP TO INSTALL , MAINTAIN AND OPERATE AN ANTENNA AND ACCESSORY BUILDING ON PUBLIC PROPERTY IN CONJUNCTION WITH ITS CELLULAR TELEPHONE SERVICES

RESOLUTION 2002 -4 A motion was made by Commissioner Schnell to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Antenna Equipment

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – November 28, 2001 & December 12, 2001 Parking & Traffic Commission – December 12, 2001 Public Safety Committee and Board of Fire and Police Commissioners – November 15, 2001 Tourism & Events Commission – December 17, 2001 A motion was made by Commissioner Sisul, seconded by Commissioner Gilbert, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski New Business

Mayor Krajewski asked the Village Clerk to read a resolution appointing members to the Community Grants Commission.

RES00 -00750 Resolution: Appoint Members to the Community Grants Commission Sponsors: Mayor Summary of Item: This will appoint the following persons to the Community Grants Commission: Grace Beggs, Edward Bunting and Patricia Winter appointed for terms expiring 4/30/04; Kathleen Nybe appointed for a term expiring 4/30/06; and David Humphreys appointed as Chairman for a term expiring 4/30/06.

RESOLUTION APPOINTING MEMBERS TO THE COMMUNITY GRANTS COMMISSION RESOLUTION 2002 -5 Commissioner Gilbert said that all of the members of the previous subcommittee agreed to serve again. He said he was happy they would continue to serve as they have a good deal of experience. 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 Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Boards and Commissions Proclamation and Other New Business

The Mayor proclaimed Monday, January 21, 2002 as Martin Luther King, Jr. Day in the Village of Downers Grove.

The Mayor noted the presence of Jeff Mizek of Boy Scout Troop 57 in the audience. Jeff is working on his Citizenship Merit Badge for Eagle Scouts and attends O’Neill Middle School. The Mayor gave him a Village pin and wished him luck in obtaining his badges.

9. Manager’s Report

Manager Ginex said he and the Mayor attended the Governor’s PCE Task Force meeting last week. He said there are two areas of contamination east and west of I-355. He said there are many contaminated sites. A follow-up meeting will be held.

10. Attorney’s Report

Attorney Blondin said that seven months ago the Village authorized an ordinance regarding acquisition of property for the CBD parking deck. He said he is presenting a Resolution for the purchase of a portion of property located at 1003-1009 Curtiss Street which will be used as part of the parking deck development.

Commissioner Sisul moved waive the traditional one-week waiting period for consideration of new business. Commissioner Gilbert seconded the Motion.

VOTE : AYE : Commissioners Sisul, Gilbert, Zabloudil, Tully, McConnell, Schnell, Mayor Krajewski

The Motion passed unanimously.

RES00 -00751 Resolution: Authorize Execution of a Residential Sales Contract 1003-1009 Curtiss Street Sponsors: Village Attorney Summary of Item: This will authorize execution of a residential sales contract between the Village of Downers Grove and David M. Allers and Frances J. Allers for a portion of the property located at 1003-1009 Curtiss Street for a total purchase price of $155,000.00.

A RESOLUTION AUTHORIZING EXECUTION OF A RESIDENTIAL SALES CONTRACT 1003 -1009 CURTISS STREET

RESOLUTION 2002 -6 Commissioner Tully said he was glad to see another peice of the puzzle come together for the parking deck footprint. He thanked Attorney Blondin and staff for negotiating this successfully. 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 Gilbert, Commissioner Sisul, Commissioner Schnell, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Village Property – Acquisition, Parking Deck – CBD Future Active Agenda

ORD00 -00373 Ordinance: Refund of GO Bonds Series 1996 and 2000 Sponsors: Finance Indexes: General Obligation Bond – Refund

11. Committee Standing Reports

Finance Committee

Commissioner McConnell said the Finance Committee met and discussed the 2002/03 budget. The Council will receive a timeline. She said this will continue to be a challenging year and encouraged staff to be creative in reviewing the budget items.

Public Safety Committee

Commissioner Gilbert said the Public Safety Committee would be meeting tomorrow.

Public Services Committee – No report

12. Council Member Reports and New Business

Commissioner Gilbert said he attended a briefing with Senator Roskam and the Mayor of Naperville on what took place at ground zero of the World Trade Center. He said that people do not realize the effect of the incident. He noted that in the twin towers there were over one million computers and they have yet to find one keyboard. He said that the scene was described as total devastation. Commissioner Gilbert said that a member of the New York Police Department who was part of the briefing lost 140 of his friends in an instant. He said his biggest fear coming out of that meeting was that people will forget what happened. He said we need to remind ourselves of it. It was an impressive briefing.

Commissioner Tully said that after September 11 many people gave blood immediately after the event. At the time some people were turned away because so many people were volunteering. He said that now there is a call out for blood again. He said there will be a blood drive on Thursday, January 31 from 10:00 a.m. – 2:00 p.m. at Village Hall.

13. Adjournment

Commissioner Sisul moved to adjourn to Executive Session pursuant to Section 2©(5) of the Open Meetings Act to consider the purchase of property, and pursuant to Section 2©(6) of the Open Meetings Act to consider setting of a price. Commissioner Gilbert seconded.

VOTE : YEA – Commissioners Sisul, Gilbert, Zabloudil, Tully, McConnell, Schnell, Mayor Krajewski

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 7:32 p.m