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May 04, 2004

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 Martin Tully, Commissioner Mark Zabloudil and Mayor Brian Krajewski Absent: Commissioner Marilyn Schnell Non Voting: Village Manager Riccardo Ginex, Village Attorney Enza Petrarca and 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 6.

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

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

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

3. Minutes of Workshop and Council Meetings

Executive Session Minutes for Approval Only – April 6, 2004 Council Meeting – April 20, 2004 Workshop Meeting – April 27, 2004 Commissioner Sandack gave a typographical correction to the Village Clerk. There being no further corrections, the Mayor said the minutes would be filed as corrected. Learn Not To Burn Contest Winners Public Education Officer Marsha Giesler said she was there to award the winners of the annual Learn Not to Burn Poster Contest. This is the 18th year for the contest. Last year they used the winning poster as the home page for the website. The students this year had to create posters with the words “Building a Safer Community in Downers Grove.” The winning poster will be used as icons to click on the various parts of the webpage. Students also had to provide 50 fire safety and first aid tips.

Ms Giesler introduced Downers Grove Christian School as the winners of the contest. Mayor Krajewski presented the students with a plaque. The runners up were Lester School in 2nd place, Pierce Downers School in 3rd place, Lester School in 4th place, and Hillcrest School in 5th Place.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

There were none.

5. Public Hearings

6. Consent Agenda

COR00 -01611 Claim Ordinance: No. 5527a, Payroll, April 16, 2004 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -01612 List of Bills Payable: No. 5524, May 4, 2004 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -01604 Bid: Award Contract to Vulcan Aluminum, Inc. for FY 2004 /05 Traffic Sign Blanks Sponsors: Public Works Summary of Item: Budgeted amount – $11,000.00 A motion was made to Approve this file on the Consent Agenda. Indexes: Traffic Signs

BID00 -01605 Bid: Award Contract to 3M Company for FY 2004 /05 Traffic Control Sign Materials Sponsors: Public Works Summary of Item: Budgeted amount – $16,000.00. Indexes: Traffic Signs

BID00 -01607 Bid: Award Contract to Clarke Mosquito Management, Inc. for FY 2004 /05 Mosquito Abatement Program Sponsors: Code Services Summary of Item: Contract is not to exceed FY 2004 /05 budget of $46,727.75. A motion was made to Approve this file on the Consent Agenda. Indexes: Mosquito Abatement Program

BID00 -01608 Bid: Award $14,127.00 to Neenah Foundry Co. for FY 2004 /05 Construction Castings, Frames & Grates Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works Storm Drainage & Pavement Division

BID00 -01609 Bid: Award Contracts to Full Life LLC and North Shore Uniform Service for FY 2004/05 Public Works Uniforms Sponsors: Public Works Summary of Item: Bid amount – $16,124.75 A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works

BID00 -01610 Bid: Award $98,900.00 to Lyons/Pinner Electric Company for Undergrounding of Overhead Utilities – Part B, Project #09-04 Sponsors: Public Works Summary of Item: Plus 10% contingency of $9,890.00. A motion was made to Approve this file on the Consent Agenda. Indexes: Central Business District – Parking Deck 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 Tully, Commissioner Zabloudil and Mayor Krajewski

7. Active Agenda

RES00 -01600 Resolution: Opt-Out of Compliance with the Provisions of the Federal and Illinois Health Insurance Portability and Accountability Acts (HIPAA) for the Village Health Plan Year Beginning May 1, 2004 Sponsors: Human Resources Summary of Item: This will approve the Village’s election to opt-out of the requirements of the Federal Health Insurance Portability and Accountability Act of 1996 and the Illinois Health Insurance Portability and Accountability Act for the health plan year beginning May 1, 2004. These Acts place certain conditions and limitations on pre-existing condition exclusions in group health insurance plans. As a non-federal governmental plan, the Village has the election under federal and state law to opt-out of compliance with most of the provisions of these Acts. To control health care costs and adequately maintain a self-funded health insurance plan, this resolution authorizes staff to file the necessary election documents for submittal to the appropriate state and federal officials.

A RESOLUTION TO OPT -OUT OF COMPLIANCE WITH THE PROVISIONS OF THE FEDERAL AND ILLINOIS HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACTS FOR THE VILLAGE HEALTH PLAN YEAR BEGINNING MAY 1 , 2004

RESOLUTION 2004 -23 A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: HIPAA

RES00 -01601 Resolution: Authorize a Second Addendum to an Agreement to Enforce Section 15-8 of the Downers Grove Municipal Code at Arbor Park Condominiums, Intersection of Belmont Road and Ogden Avenue Sponsors: Village Attorney Summary of Item: This will extend the agreement with Arbor Park Condominiums related to the regulation of consumption of alcohol upon exterior portions of the property. This will permit the Downers Grove Police Department to enforce no-drinking requirements within the parking lot and other common areas. This agreement will extend through August 2, 2009.

A RESOLUTION AUTHORIZING A SECOND ADDENDUM TO AN AGREEMENT TO ENFORCE SECTION 15 -8 OF THE DOWNERS GROVE MUNICIPAL CODE ON THE PROPERTY KNOWN AS THE ARBOR PARK CONDOMINIUMS LOCATED NEAR THE INTERSECTION OF BELMONT ROAD AND OGDEN AVENUE IN DOWNERS GROVE

RESOLUTION 2004 -24 A motion was made by Commissioner Urban to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Arbor Park Resource Center

RES00 -01602 Resolution: Authorize a Second Addendum to an Agreement to Enforce Section 15-8 of the Downers Grove Municipal Code at Autumn Grove Apartment Complex, 2110 Prentiss Drive Sponsors: Village Attorney Summary of Item: This will extend the agreement with Autumn Grove Apartment Complex related to the regulation of consumption of alcohol upon exterior portions of the property. This will permit the Downers Grove Police Department to enforce no-drinking requirements within the parking lot and other common areas. This agreement will extend through August 2, 2009.

A RESOLUTION AUTHORIZING A SECOND ADDENDUM TO AN AGREEMENT TO ENFORCE SECTION 15 -8 OF THE DOWNERS GROVE MUNICIPAL CODE ON THE PROPERTY KNOWN AS THE AUTUMN GROVE APARTMENT COMPLEX LOCATED AT 2110 PRENTISS DRIVE IN DOWNERS GROVE

RESOLUTION 2004 -25 A motion was made, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Autumn Grove Resource Center

RES00 -01613 Resolution: Support of Illinois and DuPage County’s Travel and Tourism Industry Sponsors: Manager’s Office Summary of Item: This will express Village support of the Illinois and DuPage County’s Travel and Tourism Industry.

A RESOLUTION IN SUPPORT OF ILLINOIS AND DUPAGE COUNTY ’S TRAVEL AND TOURISM INDUSTRY

RESOLUTION 2004 -26 A motion was made by Commissioner Sandack, seconded by Commissioner Zabloudil, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Indexes: Tourism and Events Commission

8. Mayor’s Report

Materials to be Received – Minutes

Human Services Commission – April 3, 2004 Library Board – April 14, 2004 Liquor Commission – April 8, 2004 Performing Arts Study Commission – March 27, 2004 Plan Commission – February 16, 2004 and March 15, 2004 Zoning Board of Appeals – March 24, 2004 A motion was made by Commissioner Tully, seconded by Commissioner Urban, to Note Receipt Of this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Zabloudil and Mayor Krajewski Proclamation

The Mayor proclaimed the month of May as Motorcycle Awareness Month in the Village of Downers Grove.

Materials to be Placed on File

9. Manager’s Report

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

There were none.

12.Council Member Reports and New Business

Commissioner Tully proposed to the Council to take up discussion of a moratorium on new signage at next week’s Workshop meeting. The Council has been discussing revisions to its Sign Ordinance. In order to be sure that the vision and plan is not undermined while they are discussing changes, he proposed a six-month moratorium on new commercial signage to give the Council an opportunity to review its existing ordinance. He would like to see this placed on next week’s Workshop agenda. Some of the issues include height, size, appearance, etc.

Mayor Krajewski said that the EDC and Plan Commission have also discussed signage, and he would like them to participate in this as well. He recommended that Staff poll surrounding communities such as Hinsdale regarding their sign regulations. He also said that six months might be a bit long for the moratorium

Commissioner Zabloudil asked how an existing project will be handled to allow a business to advertise during the moratorium.

Commissioner Sandack agreed with the concept. He agreed it should be shorter than six months. He would perhaps consider a carve-out.

Commissioner Tully said that he is proposing an item for next week regarding what the moratorium would be.

Commissioner McConnell said that there may be an alternative, as a moratorium might present a negative message to the new businesses. She recommended something short of a moratorium, but still would allow oversight. She is concerned about the message of a moratorium, but understands the concern.

In response to the Mayor, Attorney Petrarca said she would will look into the matter.

13. Adjournment

Commissioner Tully moved to adjourn to Executive Session pursuant to Section 2©(2) of the Open Meetings Act to consider collective negotiating matters. Commissioner Urban seconded.

VOTE : YEA – Commissioners Tully, Urban, Sandack, Zabloudil, McConnell, Mayor Krajewski

Mayor Krajewski declared the motion carried and the Council convened into Executive Session at 6:50 p.m