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December 20, 2005

1. Call to Order

Mayor Brian Krajewski called the regular meeting of the Village Council of the Village of Downers Grove to order at 6:30 p.m. in the Council Chambers of the Downers Grove Village Hall.

Pledge of Allegiance to the Flag

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

2. Roll Call

Present: Commissioner Ron Sandack, Commissioner Stan Urban, Commissioner Marilyn Schnell, Commissioner Martin Tully, Commissioner William Waldack and Mayor Brian Krajewski Non Voting: Village Manager Cara Pavlicek, Village Attorney Enza Petrarca and Village Clerk April Holden Commissioner Tully attended via telephone.

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 – October 25, November 22, and December 6, 2005 Council Meeting – December 6, 2005 Council Retreat – December 6, 2005 Workshop Meeting – December 13, 2005 Commissioner Waldack said he would like numerous additions to the minutes of the October 25, 2005 Executive Session. He said the Council has made it clear from advice by the Village Attorney that such extensive and detailed additions would not be acceptable by members of the Council. While the minutes are legally correct, he objected to their sparse content which he believes inadequately reflects the content and proceedings of the meeting and does not serve the residents of the Village of Downers Grove.

Mayor Krajewski said the minutes would be filed as submitted.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Barry Miller, 5239 Main Street, Morningside, said that the revision of the SSA , excluding Morningside, is on the Active Agenda. His concern is that if the Council does not act on this issue, the residents of Morningside will pay $57,000 next year, $54,000 of which will go to the Village and not to the Downtown Management Corporation. He encouraged the Council not to table the issue and to vote on it this evening.

B. Comments and Questions on General Matters

Joe Sidrys, 5223 Lee Avenue, completed his Eagle project of refurbishing the Santa House and recognized numerous people who assisted him in this project, including people from the Downtown Management Corporation, and the Village’s Public Works Department. He also thanked the Council for their continued support of the Boy Scouts. Mayor Krajewski thanked him for his work in completing the project and refurbishing the Santa House. Mr. Sidrys said he has two more merit badges to be completed as well as his Board of Review. The Mayor said he was looking forward to the invitation to Mr. Sidrys’ receipt of his Eagle badge, and wished him the best of luck

5. Public Hearings

Comcast 1205 Rate Settlement Hearing Mayor Krajewski called the public hearing to order at 6:41 p.m. He said this public hearing has been called by the Village Council pursuant to Section 623 of the Cable Communications Policy Act of 1984. Notice of this hearing appeared in the Downers Grove Reporter and a copy of the notice and the proof of publication have been presented and are made a part of the official record of this hearing. He then introduced Doug Kozlowski, Director, Marketing & Media Relations.

Doug Kozlowski, Marketing & Media Relations Director for the Village of Downers Grove, said the Village has been certified to regulate cable rates since September 1, 1993. FCC forms 1205 and 1240 provide a cost analysis of the rates set for basic equipment and installation charges. Federal regulations allow inclusion of regulated equipment and installation costs. In 2004 the Village participated in a review of Comcast, and in March 2005 the Council adopted a rate order based on the review made by consultants. Comcast filed and was granted a stay. During the appeal, Comcast filed their Form 1205 for the year 2005. The consultants found that the discrepancies discovered in the 2004 filings existed in the 2005 filings as well. Mr. Kozlowski said that Comcast and the consultants worked out a settlement and that is under consideration tonight in a resolution that Council is being asked to adopt. This would amend Form 1205 for 2004 with an issuance of refunds of $2.50 to subscribers. Subject to the resolution adoption, they will withdraw their appeal. For 2005, rates will be reduced further; however, refunds are not yet determined. Mr. Kozlowski said that Comcast has 60 days in which to file a refund plan as well as notify the Village as to how they plan to refund customers, and in what amount. The $2.50 actually amounts to about $30,000 back to the community since there are more than 12,000 Comcast customers. He then showed a table demonstrating the changes in the rate card and the change in methodology which will be used for 2006 by Comcast. There will be substantial savings to the Village as a result of the Village’s 1205 audit. He said about 24 communities throughout the nation participated in this action with the Village. He noted that any discussion during the public hearing must be confined to the schedule of rates referenced.

The Mayor asked if this deals with installation, and Mr. Kozlowski said that all of the rates deal with basic equipment and installation.

There being no further questions, the Mayor adjourned the Public Hearing at 6:45 p.m.

6. Consent Agenda

Commissioner Urban moved to remove File 00-02167, Award a Contract to Sun Life Assurance Company of Canada for Specific Stop Loss Insurance, from the Consent Agenda. Commissioner McConnell seconded the Motion. The Motion passed unanimously to remove the bid.

COR00 -02155 Claim Ordinance: No. 5615, Payroll, December 9, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02156 List of Bills Payable: No. 5602, December 20, 2005 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

MOT00 -02157 Motion: Authorize 2006 Class “A” Scavenger License with Allied Waste/Browning Ferris Inc. Sponsors: Manager’s Office Summary of Item: Application has been made by Allied Waste Industries d/b/a BFI for a Class “A” Scavenger License. Finding that BFI complies with the applicable requirements of the Municipal Code, this will approve and authorize issuance of a Class A Scavenger License to BFI for 2006. This license allows BFI to serve all premises within the Village. BFI is currently under contract with the Village to provide single-family scavenger, recycling and yard waste services through March 31, 2007. A motion was made to Award this file on the Consent Agenda. Indexes: Scavenger-Recycling Program, Scavenger-Garbage Collection

BID00 -02158 Bid: Award $46,935 to Oakfield Ford of Villa Park for 2006 Ford E350 /Supreme Spartan Cutaway Van Sponsors: Public Works Indexes: Vehicle Purchases

BID00 -02159 Bid: Award $28,910 to Atlas Toyota Material Handling of Bedford Park for 2006 Toyota 7FGU30 Fork Lift Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works – Equipment

RES00 -02179 Resolution: Maximum Permitted Equipment and Installation Rates Set Forth in the Federal Communications Commission Form 1205 Sponsors: Marketing & Media Summary of Item: A RESOLUTION REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST CABLE COMMUNICATIONS , LLC ON OR ABOUT MARCH 1 , 2004 AND MARCH 1 , 2005

RESOLUTION 2005 -74 A motion was made to Pass this file on the Consent Agenda. Indexes: Cable TV

RES00 -02160 Resolution: Authorize an Agreement with the Downers Grove Rotary Club re: 2006 Heritage Festival Beer Garden Vendor Sponsors: Tourism and Events Commission Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE ROTARY CLUB

RESOLUTION 2005 -75 A motion was made to Pass this file on the Consent Agenda. Indexes: Heritage Festival 2006

RES00 -02161 Resolution: Authorize an Agreement with the Veterans of Foreign War Post #503 re: 2006 Heritage Festival Bingo Vendor Sponsors: Tourism and Events Commission Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE VETERANS OF FOREIGN WAR POST #503

RESOLUTION 2005 -76 A motion was made to Pass this file on the Consent Agenda. Indexes: Heritage Festival 2006

MOT00 -02162 Motion: Award $24,000 for the 2005-06 Chamber of Commerce Directory Sponsors: Marketing & Media A motion was made to Award this file on the Consent Agenda. Indexes: Chamber of Commerce Directory

BID00 -02163 Bid: Award a Contract to Andres Medical Billing for Ambulance Billing Services Sponsors: Fire Department A motion was made to Approve this file on the Consent Agenda. Indexes: Fee Increases, Ambulance Fee

RES00 -02165 Resolution: Authorize an Intergovernmental Agreement with the Village of Westmont for the Joint Purchase of Gasoline and Diesel Fuel Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE VILLAGE OF WESTMONT FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL

RESOLUTION 2005 -77 A motion was made to Pass this file on the Consent Agenda. Indexes: Public Works Facility Cleaning & Custodial Services, CNG Fueling Facility, Village of Westmont

RES00 -02166 Resolution: Authorize Execution of a Host City Agreement for the USPRO Criterium Championship and the USCF Criterium Championships on August 19 and 20, 2006 in Downers Grove, Illinois Sponsors: Tourism and Events Commission Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF A HOST CITY AGREEMENT FOR THE USPRO CRITERIUM CHAMPIONSHIP AND THE USCF CRITERIUM CHAMPIONSHIPS ON AUGUST 19 AND 20 , 2006 IN DOWNERS GROVE , ILLINOIS

RESOLUTION 2005 -78 On the Consent Agenda vote, Commissioner Tully commented on Resolution 00-02166 on the Host City Agreement for the USPRO Criterium Championship. He was unable to attend the meeting at which this was Workshopped, however he did read the minutes of that meeting. The various issues raised by the downtown businesses and Downtown Management Corporation have been looked into by the Village. In particular, the Tourism and Community Events Commission has investigated various attempts at modification to the event including alternative course plans. Some of the considered modifications have been implemented, and others have not because it was determined they would detrimentally alter the race putting its continuation in the Village at considerable risk. The USPRO Criterium Bike Race has demonstrated benefits to the Village and downtown area as a whole. There are some detrimental impacts from an event of this nature; however, on balance with the benefits, the evidence shows that retaining this event in the Village is in the long-term best interest of the community. He said that everyone on the Community Events Subcommittee as well as Village staff will continue to listen to the concerns of downtown merchants and investigate reasonable compromises that might be made in the future wherever practicable. A motion was made to Pass this file on the Consent Agenda. Indexes: Bike Race

RES00 -02182 Resolution: Authorize a Letter of Extension with Advocate Health Partners A motion was made to Pass this file on the Consent Agenda. Indexes: Insurance – Health, Employee

RES00 -02183 Resolution: Authorize an Administrative Services Agreement with Professional Benefit Administrators, Inc. Sponsors: Human Resources Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND PROFESSIONAL BENEFIT ADMINISTRATORS , INC.

RESOLUTION 2005 -80 A motion was made to Pass this file on the Consent Agenda. Indexes: Insurance – Health, Employee

BID00 -02168 Bid: Authorize Purchase of a T-1 Communications Line for Emergency Service Providers Sponsors: Fire Department Summary of Item: This is a three-year contract between the Village of Downers Grove and SBC for mobile laptop communication for Fire & Police Departments A motion was made to Approve this file on the Consent Agenda. Indexes: Fire Department Passed The Consent Agenda

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

7. Active Agenda

BID00 -02167 Bid: Award a Contract to The Hartford Company for Specific Stop Loss Insurance Sponsors: Human Resources Summary of Item: Stop loss coverage for an estimated annual cost of $484,836.00. Village Manager Cara Pavlicek said the Village consultant did a considerable amount of work on this matter. Staff is recommending that the Council award this contract for specific stop loss insurance to The Hartford Company instead of to Sun Life, as initially recommended. A motion was made by Commissioner Urban to Approve this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Insurance – Health, Employee

ORD00 -02141 Ordinance: Authorize a Redevelopment and Sales Tax Rebate Agreement with Luxury Motors, Inc. Sponsors: Deputy Village Manager Summary of Item: This will authorize a redevelopment/sales tax rebate agreement with Luxury Motors, Inc.

AN ORDINANCE AUTHORIZING EXECUTION OF A REDEVELOPMENT AND SALES TAX REBATE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND LUXURY MOTORS , INC.

ORDINANCE NO . 4730 Commissioner McConnell said she hoped this agreement will help in accomplishing the goal of holding the Village as well as Luxury Motors accountable for compliance with various rules, regulations and ordinances that relate to Luxury Motors. The Village wants them to stay but hopes they will be good corporate citizens. She hopes the details in this contract will help move them in that direction.

Commissioner Schnell agreed, and said there are several compliance issues Luxury Motors has been delinquent in doing. Until they become compliant they will not be eligible for any sales tax rebates. This requires them to come into compliance with regulations. She is not in favor of passing the agreement before they are compliant, but will agree to this in order to move forward.

Commissioner Waldack agreed that this is a good agreement, but stated that Luxury Motors has not behaved as a good neighbor since before he joined the Council. They have ignored the Village’s ordinances and have even been brought to court. He sees no indication that even if this agreement is approved that Luxury Motors will suddenly show respect to the Village ordinances and their neighbors. For that reason he would prefer to hold off until they are in compliance, and therefore he will vote “No” on this issue tonight.

Commissioner Sandack agrees it is a good agreement. There is a self-effectuating mechanism in that the agreement will not pay dividends to Luxury Motors unless they come into compliance, and not approving the agreement serves as a disincentive. This is for the benefit of the community and is a solid source of retail sales tax revenues. He considers not moving forward a detriment. He will vote in favor.

Commissioner Tully agreed with Commissioner Sandack’s comments. He also sees this as a well-drafted agreement which benefits the community. Holding off would not be beneficial to the community. Luxury Motors won’t get funds until they are in compliance.

The Mayor asked for assurance from the Village Attorney that Luxury Motors will not receive any funds until they are in compliance, and Village Attorney Petrarca verified the Mayor’s statement as correct. 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 Schnell, Commissioner Tully and Mayor Krajewski Nay: Commissioner Waldack Indexes: Sales Tax Rebate, Redevelopment Agreement – Luxury Motors

ORD00 -02170 Ordinance: Annex 4608 Drendel Road to the Village of Downers Grove, Illinois Sponsors: Village Attorney Summary of Item: This will authorize the annexation of the property located at 4608 Drendel Road.

AN ORDINANCE ANNEXING 4608 DRENDEL ROAD TO THE VILLAGE OF DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4731 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 Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Annexation

ORD00 -02180 Ordinance: Annex 4806 Cross Street to the Village of Downers Grove, Illinois Sponsors: Village Attorney Summary of Item: This will authorize the annexation of the property located at 4806 Cross Street.

AN ORDINANCE ANNEXING 4806 CROSS STREET TO THE VILLAGE OF DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4732 A motion was made by Commissioner Schnell, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Annexation

ORD00 -02181 Ordinance: Annex 4715 Cross Street to the Village of Downers Grove, Illinois Sponsors: * Village Attorney *Summary of Item: * This will authorize the annexation of the property located at 4715 Cross Street.

AN ORDINANCE ANNEXING 4715 CROSS STREET TO THE VILLAGE OF DOWNERS GROVE , ILLINOIS

ORDINANCE NO . 4733 *A motion was made by Commissioner Urban, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Annexation

RES00 -02172 Resolution: Authorize an Agreement with the Downers Grove Economic Development Corporation Sponsors: Manager’s Office Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE ECONOMIC DEVELOPMENT CORPORATION

RESOLUTION 2005 -81 Commissioner Schnell said that she wanted to be sure that this is budget-neutral to cover all three programs including the EDC , Tourism and Grants.

Commissioner Sandack said this will hopefully benefit the business community and the residential community as a whole, resulting in a new EDC which will become an effective Village-wide marketing and advocacy group to bring in new business and maintain existing businesses.

The Mayor asked about the business licenses, and if they go in place whether they will be an effective tool to assure compliance or deny the renewal of the license without compliance. Attorney Petrarca said that was correct, and that is also the policy of the Village with respect to liquor licensing. A motion was made by Commissioner Sandack, seconded by Commissioner Urban, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Economic Development Corporation

ORD00 -02171 Ordinance: Abolish Economic Development Commission Sponsors: Manager’s Office and Deputy Village Manager Summary of Item: This will abolish the Economic Development Commission.

AN ORDINANCE ABOLISHING THE ECONOMIC DEVELOPMENT COMMISSION

ORDINANCE NO . 4734 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 Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Economic Development Commission

MOT00 -02184 Motion: Approve Bylaws of the Downers Grove Economic Development Corporation Sponsors: Deputy Village Manager Summary of Item: This shall authorize approval of the Economic Development Corporation bylaws. A motion was made, seconded by Commissioner Schnell, to Approve this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Economic Development Corporation

MOT00 -02185 Motion: Authorize Approval of the Economic Development Corporation Executive Board Nominating Committee Sponsors: Village Attorney Summary of Item: This shall authorize approval of the Economic Development Corporation Executive Board Nominating Committee. A motion was made by Commissioner Schnell, seconded by Commissioner Waldack, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Economic Development Corporation

MOT00 -02186 Motion: Authorize Allocation of $300,000.00 to Fund the Economic Development Corporation Sponsors: Village Attorney Summary of Item: This shall authorize allocation of $300,000.00 to fund the Economic Development Corporation. A motion was made by Commissioner Waldack, seconded by Commissioner Sandack, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Economic Development Corporation

MOT00 -02187 Motion: Authorize the Hiring of a Recruitment Firm for Executive Search Services for the Director of Economic Development Corporation Sponsors: Village Attorney Summary of Item: This shall authorize the hiring of a recruitment firm for executive search services for the Director of Economic Development Corporation. A motion was made by Commissioner Sandack, seconded by Commissioner Urban, to Authorize this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Economic Development Corporation

RES00 -02177 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This is to appoint Montrew Dunham to the Architectural Review Board for a term expiring 4/30/06.

A RESOLUTION APPOINTING MEMBERS TO VILLAGE BOARDS AND COMMISSIONS

RESOLUTION 2005 -82

ARCHITECTURAL REVIEW BOARD

Appoint Montre Dunham for a term expiring 4/30/06 The Mayor said that about a year ago the Council approved the Architectural Design and Review Commission, and designated that one member should be from the Historical Society. He spoke with the Historical Society and they brought forward the recommendation of Montrew Dunham.

The Village Clerk then read the Resolution appointing Montrew Dunham to the Architectural Review Board.

The Mayor asked about staff liaison, and he recommended that the legal staff meet with Jeff O’Brien describing his part as staff liaison to this Board. A motion was made by Commissioner Urban, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Boards and Commissions

ORD00 -02173 Ordinance: Village of Downers Grove 2005 Aggregate Tax Levy Sponsors: Finance Summary of Item: This will establish the 2005 Downers Grove Tax Levy in the amount of $10,470,795.00 for the Village of Downers Grove and $3,954,669 for the Library.

VILLAGE OF DOWNERS GROVE 2005 AGGREGATE TAX LEVY ORDINANCE

ORDINANCE NO . 4735 Commissioner Sandack said this Levy is a significant reduction assuming there is no increase from the Assessor’s office. This reduction in his opinion comes from a diversified tax base, including the Home Rule Sales Tax. The receipt of those dollars has permitted the Council to reduce Village real estate taxes.

Commissioner Tully agreed with Commission Sandack.

The Mayor said that the Village’s tax rate is going down 10%, excluding the Police and Fire Pensions. He praised the work done by staff to find other sources of revenue resulting in this property tax cut. A motion was made by Commissioner Urban, seconded by Commissioner Schnell, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Tax Levy – 2005/06

ORD00 -02174 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2005 and Ending on the Thirtieth Day of April 2006 for Village of Downers Grove Special Service Area Number One Sponsors: Finance Summary of Item: This will establish the Special Service Area Number One tax levy in the amount of $7,423.60.

AN ORDINANCE FOR THE LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2005 AND ENDING ON THE THIRTIETH DAY OF APRIL 2006 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA NUMBER ONE

ORDINANCE NO . 4736 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 Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Tax Levy – 2005/06

ORD00 -02176 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2005 and Ending on the Thirtieth Day of April 2006 for Village of Downers Grove Special Service Area #3 (Prince Pond Special Service Area) Sponsors: Finance Summary of Item: This will establish the tax levy for the Prince Pond Special Service Area #3 in the amount of $8,671.00.

AN ORDINANCE FOR THE LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2005 AND ENDING ON THE THIRTIETH DAY OF APRIL 2006 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #3 (PRINCE POND SPECIAL SERVICE AREA )

ORDINANCE NO . 4737 Commissioner Schnell initally referred to the Downers Grove Downtown Special Service Area instead of the Prince Pond Special Service Area. This motion was seconded by Commissioner Waldack and was unanimously approved. Following the vote, the following modification was made: Commissioner Schnell modified her Motion to reflect the Special Service Area #3 as Prince Pond Special Service Area. Seconded by Commissioner Waldack. A motion was made by Commissioner Schnell, seconded by Commissioner Waldack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Indexes: Tax Levy – 2005/06

ORD00 -02175 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2005 and Ending on the Thirtieth Day of April 2006 for Village of Downers Grove Special Service Area #2 (Downers Grove Downtown Special Service Area) Sponsors: Finance Summary of Item: This will establish the Special Service Area #2 (Downtown Special Service Area) tax levy in the amount of $240,000.00.

AN ORDINANCE FOR THE LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2005 AND ENDING ON THE THIRTIETH DAY OF APRIL 2006 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #2 (DOWNERS GROVE DOWNTOWN SPECIAL SERVICE AREA )

ORDINANCE NO . 4738 Commissioner Urban said he will not comment or vote on this item and the next item, File 00-02178, as he holds a lease in the downtown business district. A motion was made by Commissioner Sandack to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Abstain: Commissioner Urban Indexes: Tax Levy – 2005/06

ORD00 -02178 Ordinance: Amend the Boundaries and Provide for an Extension of the Term of Special Service Area Number 2 (Downtown Special Service Area) in the Village of Downers Grove Commissioner Waldack said he has heard from a number of residents, especially from Station Crossing, about the use and inclusion of residents in the Special Service Area #2. The SSA has a purpose of helping the business district. He has tried to find a way to get Station Crossing residents to obtain some relief, and he hoped that would be resolved in the future. The original intent and projections were to include Acadia on the Green and other condominiums, and the downtown TIF is in no position to permit such exclusions. The ordinance says it is in the best interests of the citizens to extend the term and boundaries, and while it may add a tax burden to the SSA properties, it is in the best interests of the Village of Downers Grove. Future developments will pay into the SSA for a shorter time, while present occupants will pay longer. He would hope that in the future it may be possible to rebate the residents for their participation in the SSA .

The Mayor said he also hopes to be able to rebate the residents in the future. He indicated that the slowness in which the Village has acted in getting the development on line has cost the Village tremendously. The projects must be kept on track and moving on time. He noted that the development on Gilbert took over a 20-year period of time to accomplish, so the Village must move forward on these developments. A motion was made by Commissioner Waldack, seconded by Commissioner Sandack, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Abstain: Commissioner Urban Indexes: Special Service Area 2 – Downtown

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – November 9, 2005 Plan Commission – September 26, 2005; October 3, 2005 and October 17, 2005 A motion was made 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 Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski Materials to be Received – Monthly Reports

New Business

9. Manager’s Report

Manager Pavlicek said that the Village offices will be closed on December 23 and December 26. There will be no Council meeting on December 27. The next Council meeting will be held on January 3. She noted that upcoming meetings in January and February will involve the budget process.

10. Attorney’s Report

Attorney Petrarca said that yesterday staff attended the closing of the Curtiss Block and Phase 1 of the development has been turned over. They are continuing with asbestos removal and then demolition will proceed.

The Mayor said he heard that 60% of the units have been sold, and the Attorney confirmed that there are only six to eight units left in the building.

Future Active Agenda

11.Committee Standing Reports

Finance Committee

Commissioner Sandack said the Finance & Administrative Committee’s next meeting is scheduled for January 17, 2006.

Public Services

Commissioner Schnell said that Public Services met this evening and looked at the capital projects for next year. She said that sidewalks on Ogden Avenue are scheduled for 2007 construction, and the Stormwater Master Plan should be finished in the spring. The Mayor asked if they are considering burying the utilities on Ogden. Mike Millette, Assistant Director, Public Works, said that is being considered.

12.Council Member Reports and New Business

Commissioner Sandack wished Keith Sbiral best of luck in his new venture. He wished everyone Seasons Greetings.

Commissioner Waldack also congratulated Mr. Sbiral. He then reminded seniors and persons with disabilities using taxi coupons will have to re-register after January 3. He said that recently the Vial of Life program was introduced to the Village and he suggested that the Village make these available at the time of registration for the taxi coupons. The Village staff is working with the Township to obtain a supply for distribution. He wished everyone a Merry Christmas and a safe and happy holiday.

Commissioner Schnell wished the best to Mr. Sbiral and extended her wishes for Happy Holidays and a safe New Year to residents and staff.

Commissioner Schnell said she was informed that Bolingbrook has issued an Ordinance against pit bulls. She asked that the Village staff look at their Ordinance against vicious animals.

Commissioner Schnell then noted that on Curtiss Street, where people walk from the train to the parking deck, they simply walk along the street as there is no designated crosswalk and no Stop sign. She is concerned that someone will get hit, particularly with the upcoming construction. She suggested that street needs pedestrian striping or some type of signage.

The Mayor said the same sign they have by Emmett’s and the Library could be used. Attorney Petrarca said that Dave Barber is aware of this, and Parking & Traffic is looking into it. Manager Pavlicek said that staff will follow-up on this.

Attorney Petrarca said that in reference to the Bolingbrook Ordinance, it is not breed specific, but states simply a vicious dog.

Commissioner Schnell said the concern she has heard is that three instances are necessary to qualify as a vicious dog. There has been a public outcry in relation to pit bulls.

Commissioner Waldack said that the community where the attack occurred used their home rule powers regarding establishing a law. Attorney Petrarca said the City of Chicago invoked the ordinance Commissioner Waldack forwarded to her. She said that municipalities are prohibited from passing breed-specific ordinances, via State Statute. The City of Chicago is questioning the State Statute language. She noted there is not clear-cut authority.

Commissioner McConnell extended good luck wishes to Keith Sbiral. She noted this was the last meeting of 2005. It has been a great year and a number of new things have been accomplished including hiring a new Village Manager, the progress of Acadia on the Green, a good program for the budget, changes to EDC make-up and focus, and the yeoman efforts made by staff to move the Village forward. She said she felt the Council has done a good job, even with the recent dissention, and hoped that the Council would look at 2006 and act as leaders, remembering that their jobs are about the community, and not about them as individuals. She hoped that they would listen to and respect each other, and extended her wishes for safe and happy holidays.

Commissioner Urban wished Mr. Sbiral the best of luck in his new venture, and wished everyone a happy and safe Holiday Season.

Commissioner Tully expressed his appreciation to Keith Sbiral for the fine job he has done with the Village. He also extended his appreciation to the Staff for their hard work during the past year and wished the Council, Manager, Staff and residents Happy Holidays.

The Mayor wished Keith well and thanked him for his hard work in the Planning Department. He also thanked the staff for their hard work during the year with many changes, and the Village Manager for her services. He expects that 2006 will be a great year, and wished the residents Happy Holidays and Merry Christmas. He noted that the next Council meeting will be held on January 3.

13.Adjournment

Commissioner Urban moved to adjourn. Commissioner McConnell seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:33 p.m