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March 21, 2006

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 Absent: Village Manager Cara Pavlicek Non Voting: Village Attorney Enza Petrarca, Village Clerk April Holden, Assistant Village Manager Michael Baker and Deputy Village Manager David Fieldman

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

Council Meeting – March 7, 2006 Workshop Meeting – March 14, 2006 There being no additions or corrections to the minutes, Mayor Krajewski said they would be filed as submitted. Foundations for Life Essay Contest Winners The Mayor asked Rich McCracken to come to the podium and announce the Foundation for Life Essay Contest Winners sponsored by the Downers Grove Character Counts Coalition. Mr. McCracken provided a background on Character Counts, noting that the Six Pillars of Character are used as common language to have positive impacts on the community. He noted that their most recent project was the essay contest that brought in 49 well-written essays. Contestants were required to provide a 1000 word or less essay on how a selected maxim or quotation related to a challenge in their lives. Judges did not know the names of those who won the contest until this evening. Grades included were 9th through 12th with a check for $500 going to the first place winners, and $250 for the second place winners in each grade level. In addition, first place winners were entered into the National Foundation of Life Essay Contest. The winners were then introduced and congratulated for their achievement. Mayor Krajewski made a presentation of awards.

9th Grade, Second Place, Yaqoota Aziz, “Life Lessons,” Downers Grove North High School 9th Grade, First Place, Ashley Eberhart, “Into the Light,” Downers Grove South High School 10th Grade, Second Place, Stacey Jirik, “Reach Beyond the Stool”, Downers Grove South High School 10th Grade, First Place, Matt Santee, “Taking the Necessary Steps,” Downers Grove South High School 11th Grade, Second Place, Lynn Gosewisch, “The Things We Take for Granted,” Downers Grove South High School 11th Grade, First Place, Sankalp Malhotra, “Hope to Happiness,” Downers Grove South High School 12th Grade, Second Place, Dorea Martin, “The River of Life,” Downers Grove North High School 12th Grade, First Place, Sarah Kurpiel, “Helen’s Key,” Downers Grove South High School

The Mayor thanked the Downers Grove Character Counts Coalition and the judges, and congratulated the winners.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

There were none.

B. Comments and Questions on General Matters

Bob Boyd, 5337 Lane Place, attends Herrick Middle School. His class is doing a citizenship project and their interest is a possible smoking ban in Downers Grove. He presented five questions to the Council: 1) What kind of changes in Downers Grove businesses would they predict would occur if a smoking ban was enacted? 2) Have there been any attempts at smoking bans? 3) Would a smoking ban be possible or necessary, and why? 4) How far would a smoking ban extend in Downers Grove? 5) What effect would Chicago’s smoking ban have on the Village’s possible smoking ban?

The Mayor said that several states have adopted bans, and the trends seem to be going that way. He said if Downers Grove alone banned smoking, patrons might just go to surrounding communities. The DuPage Mayors and Managers have been discussing a County-wide smoking ban. Reports show that business has not gone down with smoking bans.

In response to the second question, the Mayor said that the Village is a member of DuPage Mayors and Managers. County Board member Sheahan introduced legislation in Springfield, and the Mayor said he is not sure of the status of this bill.

Regarding whether a ban is possible, the Mayor said that the necessity of the ban would be for health reasons, and he thinks the State will take this over.

As for the area, the smoking ban would extend to all restaurants. Smoking is already banned on Village-owned property. The Village’s Environmental Concerns Commission is reviewing this question at this time.

Finally, the Mayor said the impact Chicago has is that people are looking at them and their success, which brings this issue one step closer to the State taking up this issue.

5. Public Hearings

6. Consent Agenda

COR00 -02278 Claim Ordinance: No. 5627, Payroll, March 3, 2006 A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02279 List of Bills Payable: No. 5616, March 21, 2006 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

MOT00 -02280 Motion: Authorize Village Manager to Commit for Road Salt Via State Contract Sponsors: Public Works Summary of Item: This is to authorize the Village Manager to indicate to the State of Illinois the desire to purchase 4,800 tons of road salt during the 2006-07 winter season for snow & ice control via the State Contract.

The terms of the contract allow the Village to purchase as little as 70% of the amount (3,360 tons) or as much as 130% (6,240 tons). The maximum quantity allowable under the Contract will result in a cost not to exceed $212,160.00. A motion was made to Award this file on the Consent Agenda. Indexes: Salt

RES00 -02281 Resolution: Authorize an Extension to the Contract with the Elevator Inspection Service Sponsors: Community Development Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO THE CONTRACT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ELEVATOR INSPECTION SERVICE

RESOLUTION 2006 -27 A motion was made to Pass this file on the Consent Agenda. Indexes: Elevator Inspections

RES00 -02282 Resolution: Authorize an Extension to the Contract with Clarke Environmental Mosquito Management, Inc. Sponsors: Community Development Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO THE CONTRACT BETWEEN THE VILLAGE OF DOWNERS GROVE AND CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT , INC.

RESOLUTION 2006 -28 A motion was made to Pass this file on the Consent Agenda. Indexes: Mosquito Abatement Program 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 Schnell, Commissioner Tully, Commissioner Waldack and Mayor Krajewski

7. Active Agenda

ORD00 -02219 Ordinance: Amend Stormwater Provisions (Localized Poor Drainage Areas) Sponsors: Public Works Summary of Item: This will amend stormwater provisions for poor drainage areas.

AN ORDINANCE AMENDING STORMWATER PROVISIONS (LOCALIZED POOR DRAINAGE AREAS )

ORDINANCE NO . 4761 Commissioner Schnell thanked staff for the hard work they have put into this project. She thanked the Stormwater & Flood Plain Oversight Committee as well.

Commissioner Sandack echoed Commissioner Schnell’s comments, saying he appreciates staff’s work on this project. He stated that he will vote “No” since he cannot support this issue. He thinks as a full waiver Village the charge is to go with the County Ordinance and employ the Village’s best efforts with respect to the County Stormwater Ordinance. Going above and beyond has only caused problems. He said this continues to go above and beyond the Village’s charge with unintended negative consequences. He believes the charge for the Village is to mirror the County’s Ordinance.

Commissioner Urban echoed Commissioner Sandack’s comments, and thanked the staff for their work. He will also vote “No,” and is in favor of the alternate ordinance. He is not convinced why the Village cannot get away from LPDAs.

Commissioner Tully said he supports this but originally he was in favor of doing away with the LPDAs altogether. He believes there are areas in town that staff will treat as a regulated floodplain area. He disagrees with removing the map altogether. He noted that this ordinance deals with the negative impact by creating a fund on an as-needed basis for studies and surveys. This ordinance deals with the surprise factor and adverse impacts and consequences affecting a resident in attempting to build something simple on their property.

Commissioner Schnell referred to the alternate ordinance (Option 2), stating that by simply adopting the County Ordinance they would be abating some of the enhancements that the Village put in that could cost residents money. In many respects, the Village’s ordinance is stricter than the County Ordinance. One of the positive aspects is that it can help single-family property owners who want to enhance their property, and the funds in the budget will be advantageous to the property owners.

The Mayor said he will also be voting “No” on this, since the Village as a full waiver community should carry out the County Ordinance. Most other communities do not have LPDAs. This goes over and above the County requirements, and staff over the years has spent an extraordinary amount of time on this issue at the expense of other projects. A motion was made by Commissioner Tully to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Schnell, Commissioner Tully and Commissioner Waldack Nay: Commissioner Sandack, Commissioner Urban and Mayor Krajewski Indexes: Localized Poor Drainage Area, Stormwater and Flood Plain Ordinance

ORD00 -02277 Ordinance: Adopt and Approve Publication of the Village of Downers Grove Zoning Map Sponsors: Village Attorney Summary of Item: This will approve and authorize publication of the 2006 Village of Downers Grove, IL Zoning Map, corrected to 03-21-06. Pursuant to state law, the Village is required to approve and publish its Zoning Map on an annual basis.

AN ORDINANCE ADOPTING AND APPROVING PUBLICATION OF THE VILLAGE OF DOWNERS GROVE ZONING MAP

ORDINANCE NO . 4762 Commissioner Tully said that the Village is required to annually publish the Zoning Map regardless of changes. Deputy Fieldman confirmed that was correct. The Commissioner asked for clarification that this particular map reflects existing zoning in the Village. Attorney Petrarca confirmed the Commissioner’s statement. She said this is a compilation of changes in the past year. 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: Zoning Map

8. Mayor’s Report

Materials to be Received – Minutes

Library Board – February 22, 2006 Parking & Traffic Commission – February 8, 2006 Plan Commission – February 6, 2006 & February 13, 2006 Materials to be Received – Monthly Reports

Materials to be Placed on File

9. Manager’s Report

Deputy Manager Fieldman said the Acadia on the Green foundation work and other work is continuing on schedule.

10. Attorney’s Report

Future Active Agenda

11.Committee Standing Reports

There were no reports.

12.Council Member Reports and New Business

Commissioner Sandack said he hoped people voted today.

Commissioner Waldack said it was good to see students and their parents present at the meeting. It is nice to see good role models. He said that often sports pages look like police reports, and it is hard to find a role model in the sports world. He noted that Ray Meyer, a terrific coach and role model, passed away. Commissioner Waldack spent eight years at DePaul Academy and DePaul University and Coach Meyer had a great effect on him. It is a shame to lose a good role model like Coach Meyer.

Commissioner Waldack then said that the Supervisor of Naperville Township, George Porter, has suffered an illness and will be on the mend for a while. He is the Chairman of the IAPCC which includes the Ride DuPage program. He is very involved in transportation issues, and has received awards for his participation in these programs. Commissioner Waldack is the Vice-Chairman of the IAPCC and he extended his wishes for a speedy recovery to Mr. Porter.

Commissioner Schnell thanked the students for the essays they wrote. She was impressed by their maturity and insight. She also thanked the Character Counts Coalition and Sue McConnell for their hard work.

Commissioner McConnell said that Character Counts Coalition was looking for substantive projects to bring students and parents together. It was a great success. She said that the insight of these students is amazing, and they are future leaders. She thanked Mr. McCracken, Doug Kozlowski, Mike Baker and District 99, as well as The Reporter for all of their efforts in this project.

Commissioner Tully thanked everyone who voted today, and said he understands that the turnout was exceptionally high for what normally would have been a low turnout election.

The Mayor extended thanks to Animal Control, saying that there was a cat that snuck into a moving van that came to Downers Grove from Peoria. The cat was traced back to Peoria, was found and returned to its rightful owner.

13.Adjournment

Commissioner Tully moved to adjourn. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 7:13 p.m