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December 19, 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, Commissioner Sean P. Durkin and Mayor Brian Krajewski Absent: Village Clerk April Holden Non Voting: Village Manager Cara Pavlicek, Village Attorney Enza Petrarca and Deputy Village Clerk Linda Brown 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 presiding officer will ask, at the appropriate time, 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. Remarks should be limited to five minutes, and asked that individuals refrain from making repetitive statements.

Mayor Krajewski 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 – December 5, 2006 Workshop Meeting – December 12, 2006 Commissioner Tully noted a correction to the Workshop Meeting minutes of December 12, 2006. On page 8, last paragraph, the first sentence should read Landmark Preservation Council of Illinois instead of Landmark Conservation Conference of Illinois.

4. Public Comments and Questions

A. Comments and Questions on Active Agenda

Frank Falesch, 820 Prairie, commented on the proposed gas tax which is just another tax on everyone. Tax is not good. He has mixed feelings regarding a subsidy for commuters, although it is a good plan for the environment. He wonders if the new smaller buses couldn’t affect the deficit. Once the money comes in, it is difficult to cut it off. He then said that there are costs of giving away, at bargain basement prices, property owned by the Village and then giving it to developers. The property at Main and Maple was purchased for $2 million and is now being sold to a developer for $200,000.

The Mayor said that he thought the Village purchased that property for $200,000 plus.

Mr. Falesch then said that the Village has financed developers by allowing them to pay on the installment plan. He understood that upon completion of the first stage, the Village will receive 1/3 of the $2 million. He said that the project is moving slowly which is also costing the Village money. Mr. Falesch noted that the construction is not masonry, but has a stucco exterior.

Mr. Falesch then addressed the proposed business licenses, saying that licensing for all home businesses is not necessary. Mayor Krajewski reminded Mr. Falesch that he had exceeded his five minutes, and could come back and speak on the items not being voted on under General Comments.

Bill Wrobel, 7800 Queens Court, addressed the traffic ordinance for 71st Street. He said that he e-mailed the Council members last week on this issue and received a reply from Commissioner Waldack that said if the ordinance is tabled nothing can be done. He also said that they could lower the speed limit and asked Mr. Wrobel what his suggestions were. Mr. Wrobel replied saying that, from personal experience, the little green men don’t work for most speeders. He is familiar with a variety of the speed “calmers” which aren’t that effective. Mr. Wrobel said that the neighbors need penicillin, and not aspirin. He said that the Traffic Department has suggested various ineffective speed calming devices but chose to use signs and striping. He has studied traffic calming for some time and asked that the Council table this issue until more meaningful solutions can be researched.

Ken Lerner, 4933 Whiffin, said that he is glad that the Village is looking at Historical Preservation, and he thinks it is a positive development regarding the motion to repeal the Design Review Board.

Mark Thoman, 1109 61st Street, asked that the language specifically tie the one cent tax to the commuter shuttle. He thinks it should be made more clear that the tax stops when the shuttle service is discontinued. Secondly, Mr. Thoman referenced PUD 38 , and asked when the final stormwater compliance documents will be completed. He also asked if any of the units of Residence at the Grove would be considered affordable housing. Lastly, he suggested that the reference to the Village Manager be made gender neutral, since it states “under his supervision.”

The Mayor said the permits can’t be issued until they developer complies with the County Stormwater requirements. Deputy Village Manager Dave Fieldman said that there has been ongoing discussion between the Engineering Department and the developer, and the plans are in the works and will have to be approved prior to any construction. They are forthcoming. The Mayor asked if these were one and two bedroom apartments. The developer said they are two bedroom townhouses.

John Schofield, 1125 Jefferson, said his comments refer to agenda items MOT 00 -02599, Direction regarding Historic Preservation Ordinance, and MOT 00 -02621, Direct Staff to Prepare an Ordinance Repealing the Design Review Board. He said he feels these motions leave something out and he hopes that the Village Council would include language in the directions to staff that explicitly says that after the Historic Preservation Ordinance is approved discussion should continue and the Neighborhood Conservation District’s proposal would continue to be discussed in a public forum and eventually be voted on by the Council.

The Mayor said that several Council members were intrigued by the proposal. He noted that he can direct that this be sent to the Board.

Gil Nuccio, 1623 71st Street, said that the residents all agreed that the 71st Street speed issue must be addressed, but he asked that they do not stripe or paint the pavement. That merely gives a wrong impression of the neighborhood. He said that listening to the tape of the meeting, you hear Chairman Johnson speaking more than the residents about the problem, and Mr. Nuccio said that it appears as though Chairman Johnson had his mind already made up. Mr. Nuccio said that he thought the Village should do innovative things and not the usual. Tax dollars do not come easy, and the residents do not want to be an experiment. He asked that the Council use the vision of the residents to make their community stronger. He asked that the Council consider the speed bumps.

The Mayor said that the ordinance reduces the speed limit to 25 mph, designating it as a through street which allows the two side streets to have stop signs, and the only striping would be the crosswalk. Mr. Nuccio said that they have to consider whether the Yield Sign or Stop Sign will be more effective. The Mayor pointed out that speed bumps and snow plows general result in problems.

Commissioner Schnell said she and Commissioner Durkin talked with vendors at the Reno meeting, and as soon as information is received from them it will be passed on to Parking and Traffic Commission.

Mary Thompson, 4063 Cumnor, commented on the gas tax which she said is an unfair tax that penalizes drivers to support a bus system. She said there has been a decline in bus riders and sees that as continuing. There are many jobs in the suburbs now spreading out to the suburbs, which will decrease the ridership to the City of Chicago. She said they are subsidizing the program inordinately which is grossly unfair. She is very upset by this. At some point the Council has to say that it’s cheaper for those taking the bus to simply drive downtown and park in the deck.

B. Comments and Questions on General Matters

Frank Falesch said it is unnecessary to have a business license. The fees will be eaten up by administration and bureaucracy. When a business becomes a nuisance, the Council can use its Home Rule powers to correct the problem. If a home business is in trouble they could come to the Council for assistance. The Council didn’t say how they would assess a business, whether on footage or other criteria.

Tim Meany, 420 Franklin, said there was a meeting he attended at St. Joseph’s parish on December 1 regarding affordable housing. Commissioners Tully and Waldack attended with 200 other residents. Mr. Meany said he is a member of the group working to preserve middle-class housing in the Village. One of the most significant things about the meeting was that 200 people attended. Many people are concerned about the change in character of the Village. Talking about affordable housing doesn’t mean public housing or subsidized housing; it means housing that ordinary people can continue to afford. One speaker at the meeting spoke on how difficult it is for some people to find affordable housing. Even more compelling was the widespread agreement that there is a real problem to be faced. The presenter explained wider issues such as serious traffic congestion, the inability of businesses to hire and retain qualified employees due to the distances workers must travel. Mr. Meany said the presenters showed a wide variety of solutions to this problem. He suggested that the Council and Village staff need to know about this issue in detail. He invited the Mayor and Council to attend a 30-minute presentation and discussion on some of the critical material that was discussed at the December 1 meeting. He gave the Council members documents on the issue as well as e-mail addresses.

The Mayor said he would be happy to meet with them. He said that he and the Village Manager met with St. Joseph’s pastor and the Lutheran Church. Because of the Illinois Open Meetings Act, they cannot have more than two members of the Council attend community meetings if they are not publicly noticed. He will be happy to meet with him, but would have to go through the Village Attorney to notice the meeting. One of the points that was raised concerned hiring people to work in businesses, and having to go out to distant communities to get satisfactory employees. He also said that DuPage County used to be a bedroom community, but not any longer. There are more people coming in to DuPage County to work today.

Lindy Hofstra, 501 Franklin Street, seconded what Mr. Meany said regarding the fact that retired people cannot afford to remain in the Village. Her house was built in 1954, and across the street from them now is a huge home. Her husband commented that they don’t have to worry about updating their house because it will be a tear down. However, she said people must change that perception through a cooperative group effort. She would hope that the Council would be willing to meet with them and witness the presentation. Whatever requirements they need to meet, they will.

Jeff Reddick, 851 Princeton Court Street, in Elmhurst said that on November 7, 2006 he was elected by the people of District 2 to the DuPage County Board. He is present to introduce himself and make himself available to the Village. He said many issues municipalities are facing are regional, including traffic patterns, stormwater, affordable housing, etc. He then invited everyone to contact him if they are seeking cooperation from the County. The Mayor thanked him for coming to the meeting and introducing himself. He invited Mr. Reddick and County representatives to join in the meeting they are discussing.

Bill Wrobel, 7800 Queens Court, said that he was present to address an e-mail sent to the Village Manager on November 29, and copied to all members of the Council. He noted that at the Coffee with the Council a house at Bryan and Grant was identified as needing attention. Last December the property was in Court, but the house has been boarded up for two years. The basement is flooded, and there are many issues. The Manger said they are working on this. Mr. Wrobel said there is nothing happening that he can see. He urged the Council to be proactive in regard to this, because it is a gross example of redevelopment gone awry.

The Mayor asked if Judge Wheaton was handling this, and Village Attorney Petrarca said that it is set for a trial date late in January. Manager Pavlicek explained that this involves civic litigation and there is not much the Village can do here. The Village is actually prohibited from doing anything to improve the situation. Village Attorney Petrarca said that the Village is now involved as a party to that case.

Mr. Wrobel asked if the Village, as a Home Rule Municipality would have some authority to act on this situation. Attorney Petrarca said that they have made motions on this but there has been no ruling.

The Mayor noted to everyone that it was Judge Bonnie Wheaton who was hearing the case.

Doug Pfeiffer, 4504 Bryan Place, said he lived next to the house mentioned, saying that he would appreciate whatever can be done as his own insurance is affected by this as well.

Lisa Woodman, 500 Claremont Drive, said she lives on Claremont which is a collector street. She commended the traffic studies officers for their cooperation. The most recent study showed 14,917 vehicles go down Claremont Avenue on a weekly basis. She said 15% exceed the speed limit, which is 2,237 cars. Ms. Woodman said as a parent the number is alarming and unacceptable. She said the police cannot sit out there all the time, and she believes that traffic calming devices are very important. She has gone to numerous communities to speak with their staff and find out how they are addressing these issues. Some have street narrowing and speed bumps and she has photos from those communities. There are proactive ways to address the issue. It is a very dangerous situation and something should be done before there is a tragedy. She has been told by Commissioner Johnson that nothing could be done because it is a collector street. The traffic is heavy during the commuter house, and the Village seems more concerned with moving traffic than it is with the safety of the children. She urged that something be done right away. Village Manager Pavlicek said that staff will obtain the information.

Mary Hasten, 5720 Hillcrest Drive, commented on affordable housing. She told of her history over the past 35 years, but they know if they were starting over again in this community they could not afford it. She is glad to hear that the Village is interested in pursuing this issue. The Mayor said that the average length of time that a resident has lived in Downers Grove is 21 years, unlike more transient communities such as Naperville. He noted that often people go out to live in Plainfield for a bigger home, but face traffic issues and eventually come back to get their children into the school systems.

Ken Lerner, 4933 Whiffin Place, commented on the middle-income housing saying that his group sees a synergy between historic preservation and affordable housing. There are ways to preserve modest homes and allow owners to stay in and maintain them.

William Redding, 424 Pheasant Street, expressed concerns about affordable housing as well. On his block there are teardowns which seems to be the way to go today. He is in full agreement with what was said by the previous speakers regarding this issue.

David Schultz, 5509 Washington Street, said he has attended most of the community meetings on the teardown issue, and has been disappointed by the lack of meaningful action on the part of the Council to address some of the concerns raised. He has noted the loss of thousands of trees, aesthetic concerns with 3-car garages and 60% paved surface in the front yard. His daughter and her husband looked to move back to Downers Grove to be close to family, and could find nothing in spite of the fact that they were both professionals. They ended up in a surrounding suburb. He finds it disturbing that his daughter who grew up and spent almost all her life in Downers Grove can’t afford to move back to her own Village. He also finds it interesting that in the other Village where she now lives he sees no evidence of any teardowns and rebuilds, while in Downers Grove there appear to be teardowns and rebuilds almost weekly. A recent survey showed the average price of a house in Downers Grove is over $470,000, and the average price of new construction is over $800,000. He stated that Village policies and ordinances, or lack hereof, have fostered ever-increasing loss in affordable housing in Downers Grove. Teachers, firemen, policemen, nurses, etc., find they can no longer live in the Village in which they serve, and senior citizens are being forced to move because they can no longer afford the property tax bills. Providing affordable housing would aid the citizens of the community and provide stability to workers, etc. Ever-increasing housing values drives up the cost of rental properties resulting in renters paying 30% of their income to rent. He previously proposed one measure to help address the situation enacting a $10,000 demolition fee, similar to Evanston, Lake Forest and other communities, with a significant portion of it going to development and preservation of middle income housing, and a lesser portion going toward preserving housing and trees, and addressing the environmental impact of the teardowns in the community. Mr. Schultz said it is imperative that the entire Council get involved in this issue and support public meetings for discussions and presentations.

Bernie Murphy, 4932 Washington Street, agreed with Mr. Meany’s comments and asked what the Village management will do to address this problem.

The Mayor thanked everyone for coming to the meeting and expressing their comments and concerns. He said after the first of the year the Village will work toward obtaining additional information toward holding a public meeting on this issue.

5. Public Hearings

6. Consent Agenda

COR00 -02583 C laim Ordinance: No. 5665, Payroll, November 24, 2006 Claim Ordinance: No. 5667, Payroll, December 8, 2006 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL00 -02584 List of Bills Payable: No. 5652, December 19, 2006 Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BID00 -02586 Bid: Award $146,291.25 to Family Landscaping & Tree Care, Inc., West Chicago, IL for 2007 Parkway Tree Pruning Services Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Tree Pruning

RES00 -02587 Resolution: Authorize an Agreement with Imageware Systems, Inc. Sponsors: Police Department Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND IMAGEWARE SYSTEMS , INC.

RESOLUTION 2006 -108 A motion was made to Pass this file on the Consent Agenda. Indexes: Police Digital Booking System

RES00 -02588 Resolution: Authorize an Extension to the Contract with Andres Medical Billing, Ltd. Sponsors: Fire Department Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO THE CONTRACT BETWEEN THE VILLAGE OF DOWNERS GROVE AND ANDRES MEDICAL BILLING , LTD .

RESOLUTION 2006 -109 A motion was made to Pass this file on the Consent Agenda. Indexes: Ambulance Fee, Fire Department

MOT00 -02589 Motion: Authorize the Village Manager to Direct Williams Architects, Carol Stream, IL, to Prepare Bid Documents for Demolition for Fire Station 2 Sponsors: Deputy Village Manager Summary of Item: This will authorize the Village Manager to direct Williams Architects of Carol Stream to prepare bid documents for demolition for Fire Station 2 as an additional service under the existing professional services agreement in an amount not to exceed $6,000.00. A motion was made to Award this file on the Consent Agenda. Indexes: Fire Station #2, Planned Development #43-Fire Station No. 2

RES00 -02590 Resolution: Amend the Downers Grove Compensation Plan Sponsors: Manager’s Office Summary of Item: A RESOLUTION AMENDING THE DOWNERS GROVE COMPENSATION PLAN BY ADOPTING A REVISED PLAN EFFECTIVE JANUARY 1 , 2007

RESOLUTION 2006 -110 A motion was made to Pass this file on the Consent Agenda. Indexes: Compensation Plan

RES00 -02591 Resolution: Repeal the Council Policy related to the Preparation, Approval and Release of Minutes A motion was made to Pass this file on the Consent Agenda. Indexes: Village Council, Mission Statement

MOT00 -02620 Motion: Amend Vision Statement for the Village of Downers Grove Sponsors: Manager’s Office Summary of Item: DOWNERS GROVE is a BEAUTIFUL VILLAGE with UNIQUE NEIGHBORHOODS and an AUTHENTIC DOWNTOWN .

We are a TECHNOLOGY COMMUNITY with HOMETOWN FEELING and CONVENIENT ACCESS TO THE CHICAGOLAND REGION .

We are a GREAT PLACE FOR FAMILITIES TO LIVE and BUSINESS TO THRIVE . A motion was made to Award this file on the Consent Agenda. Indexes: Mission Statement, Vision Statement

MOT00 -01716 Motion: Amend Mission Statement for the Village of Downers Grove Sponsors: Manager’s Office Summary of Item: OUR VILLAGE GOVERNMENT provides EXCEPTIONAL MUNICIPAL SERVICES that are valued by our Citizens and Businesses.

We are FISCALLY RESPONSIBLE , and have PASSION FOR OUR CUSTOMERS and have an EYE ON THE FUTURE .

We ENGAGE OUR CITIZENS AND PARTNER WITH OTHERS to MAKE DOWNERS GROVE A GREAT COMMUNITY in which to live and do business. A motion was made to Award this file on the Consent Agenda. Indexes: Mission Statement

RES00 -02592 Resolution: Authorize an Agreement with Suburban Division of the Regional Transportation Authority (Pace) Sponsors: Public Works Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND SUBURBAN DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE)

RESOLUTION 2006 -112 A motion was made to Pass this file on the Consent Agenda. Indexes: Pace

MOT00 -02593 Motion: Note Receipt of Minutes of Village Boards and Commissions Summary of Item: Community Grants Commission – September 25, 2006 Plan Commission – November 6, 2006 A motion was made to Award this file on the Consent Agenda. Indexes: N/A 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, Commissioner Durkin and Mayor Krajewski

7. Active Agenda

ORD00 -02596 Ordinance: Annex 2515 Haddow Avenue to the Village of Downers Grove, Illinois Sponsors: Community Development Summary of Item: This will authorize the annexation of the property located at 2515 Haddow Avenue.

AN ORDINANCE ANNEXING 2515 HADDOW AVENUE TO THE VILLAGE OF DOWNERS GROVE

ORDINANCE NO . 4826 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 Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Indexes: Annexation, Annexation-2515 Haddow Avenue

ORD00 -02597 Ordinance: Approve Final Planned Development Plans to Permit a Multi-Family Residential Development for Planned Development #38 Sponsors: Community Development Summary of Item: At their meeting of November 6, 2006, the Plan Commission recommended to approve final planned development plans to permit a multi-family residential development for Planned Development Number 38.

AN ORDINANCE APPROVING FINAL PLANNED DEVELOPMENT PLANS TO PERMIT A MULTI -FAMILY RESIDENTIAL DEVELOPMENT FOR PLANNED DEVELOPMENT #38

ORDINANCE NO . 4827 Deputy Manager Fieldman said the development will have 270 apartments and 24 townhomes.

Commissioner Schnell expressed strong doubts about this, including safety issues and traffic. A motion was made by Commissioner Urban, seconded by Commissioner Durkin, to Adopt this file. Mayor Krajewski declared the motion carried by the following vote: Votes: Yea: Commissioner Sandack, Commissioner Urban, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Nay: Commissioner Schnell Indexes: Subdivision – Residences at the Grove, Planned Development #38-Residences at the Grove

RES00 -02598 Resolution: Approve Final Plat of Subdivision for the Residences at the Grove Subdivision Sponsors: Community Development Summary of Item: At their meeting of November 6, 2006, the Plan Commission recommended approval of the Final Plat of subdivision for the Residences at the Grove Subdivision.

A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR THE RESIDENCES AT THE GROVE SUBDIVISION

RESOLUTION 2006 -113 A motion was made by Commissioner Durkin, 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 Waldack, Commissioner Durkin and Mayor Krajewski Nay: Commissioner Schnell Indexes: Subdivision – Residences at the Grove, Planned Development #38-Residences at the Grove

ORD00 -02600 Ordinance: Amend Traffic Regulations on 71st Street Sponsors: Public Works and Parking & Traffic Commission Summary of Item: This will make certain amendments to traffic regulations on 71st Street.

AN ORDINANCE AMENDING TRAFFIC REGULATIONS ON 71ST STREET

ORDINANCE NO . 4828 The Mayor recommended the placement of temporary speed bumps. Manager Pavlicek said that the Public Works Director e-mailed Commissioner Durkin today on that issue.

Commissioner Waldack reiterated that this does not include striping, but will have the speed lowered to 25 mph. This is a start and he is encouraged by the information from the National League of Cities. He said they have to keep in mind that something must be tried, and hope that this has the desired effect not only for 71st Street, but also for Claremont.

Commissioner Schnell commented that the speed bumps are not the be all and end all. The temporary aspect of the bumps concerns the fact that they can be removed when necessary, perhaps during the winter months. She also explained that the efforts being suggested won’t completely solve the issue but hopefully will be a substantial improvement.

Commissioner Durkin asked what notification there will be to the public.

Manager Pavlicek said that there will be flags and signage changes calling attention to the new regulations. Commissioner Durkin said he did receive an e-mail about the speed bumps being removable and Director Barber responded to him explaining how they are placed in the ground with spikes, but are not easily removed by an individual.

The Mayor said that there are reflectors on signs used near North Central College marked at 25 mph bordered with the reflectors.

Commissioner Tully clarified that the ordinance merely reduces the speed limit and designates it as a through street. His question is in regard to the traffic calming ordinance which has been in place, and why there are still chronic speeding problems occurring. He said there are dozens of streets with speeding issues and he would like to see the Village find the most appropriate method to reduce the speed.

The Mayor said he understood that Queens Court did not qualify for the speed bumps.

Manager Pavlicek said that staff can provide a summary of streets which minimally meet the criteria for traffic calming devices. Commissioner Tully said they have to work out a way that would be fair and equitable to the entire community. The Manager said that the Parking and Traffic Commission does a good job of consistently communicating on a regular basis to residents. Often, however, their comments are negatively received.

Director Barber of Public Works said the traffic calming policy was adopted about two years ago and involves a two-level approach. The first level deals with non-structural improvements such as signs, striping and other things, and if that does not work they take the second step which includes the larger speed humps, and other tools available. The plan approved two years ago was to take two steps to solve the problem, but starting with a lesser expensive program initially.

Commissioner Tully said it has been two years since the program was instituted and he thinks it is time that staff provide the Council with a report on how the program is doing.

Mr. Barber noted that Linden Place is on the Council’s agenda. He said that it is necessary to verify the process and determine if there is a true need or a perceived need. He noted that staff does work with the neighbors in attempting to alleviate their concerns and find some solution to the problem.

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, Commissioner Durkin and Mayor Krajewski Indexes: Traffic Regulations

ORD00 -02601 Ordinance: Amend Traffic Regulations Near Lester School Sponsors: Public Works and Parking & Traffic Commission Summary of Item: This will make certain amendments to traffic regulations near Lester School.

AN ORDINANCE AMENDING TRAFFIC REGULATIONS NEAR LESTER SCHOOL

ORDINANCE NO . 4829 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 Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Indexes: Traffic Regulations

ORD00 -02602 Ordinance: Amend Traffic Regulations on Linden Place Sponsors: Public Works and Parking & Traffic Commission Summary of Item: This will make certain amendments to traffic regulations on Linden Place.

AN ORDINANCE AMENDING TRAFFIC REGULATIONS ON LINDEN PLACE

ORDINANCE NO . 4830 A motion was made by Commissioner Sandack, seconded by Commissioner Tully, 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, Commissioner Durkin and Mayor Krajewski Indexes: Traffic Regulations

ORD00 -02603 Ordinance: Establish Traffic Regulations at Prince & Grant Streets Sponsors: Public Works and Parking & Traffic Commission Summary of Item: This will make certain amendments to traffic regulations at Prince and Grant Streets.

AN ORDINANCE ESTABLISHING TRAFFIC REGULATIONS AT PRINCE & GRANT STREETS

ORDINANCE NO . 4831 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 Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Indexes: Traffic Regulations

MOT00 -02599 Motion: Direction regarding Historic Preservation Ordinance Sponsors: Community Development Summary of Item: Motion to direct staff and the Architectural Design Review Board to hold a public hearing and make recommendations concerning the proposed draft Historical Preservation Ordinance within ninety (90) days, exclusive of Conservation Districts. Commissioner Waldack said he would like to see the Historical Preservation Ordinance considered. He would like to see more than two public hearings on this issue, and would like to see more latitude for the Architectural Design Review board. The 90-day time period is fine, but he wants to see public hearings on week nights or a Saturday for the public to be able to participate.

Commissioner Tully said he is obviously very glad to see this ordinance come forward, and it is supported by the community. His fear is that they will talk this to death and never implement it. He has no problem with continued discussion with the Architectural Design Review Board. He agrees that the 90-day time period is fine, and noted that all meetings of the ADRB are public, and they have a role to serve in the Village. He also has no problem with Conservation Districts and believes they merit further discussion, but should not hold up the ADRB .

Commissioner Sandack said he shares the impatience expressed by Commissioner Tully. He said the 90 days might be aggressive, but looks forward to a measured appropriate recommendation.

Commissioner Schnell said she would like to see the meetings advertised in the newspaper so they can reach out to the community. She wants to see it put in the Village Corner or even take out an ad in the paper asking people to participate in the hearings. A motion was made by Commissioner Urban, seconded by Commissioner Durkin, 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, Commissioner Durkin and Mayor Krajewski Indexes: Historical Preservation

MOT00 -02621 Motion: Direct Staff to Prepare an Ordinance Repealing the Design Review Board Sponsors: Village Attorney Summary of Item: This motion will authorize and direct staff to prepare an ordinance repealing the Design Review Board and related actions. A motion was made by Commissioner Durkin, seconded by Commissioner Schnell, 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, Commissioner Durkin and Mayor Krajewski Indexes: Boards and Commissions

RES00 -02605 Resolution: Authorize Adoption of the Amended Economic Development Corporation Bylaws Sponsors: Manager’s Office Summary of Item: This will authorize approval of the amended Economic Development Corporation bylaws.

A RESOLUTION AUTHORIZING ADOPTION OF THE AMENDED ECONOMIC DEVELOPMENT CORPORATION BYLAWS

RESOLUTION 2006 -114 Commissioner Schnell said the proposal states that Directors that are representatives from the DuPage County Board must have a portion of their district in the Village. This allows for more representation. 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, Commissioner Durkin and Mayor Krajewski Indexes: Economic Development Corporation

RES00 -02606 Resolution: Authorize a First Amendment to an Agreement with the Downers Grove Economic Development Corporation Sponsors: Manager’s Office Summary of Item: This will authorize approval of a first amendment to an operating agreement between the Village of Downers Grove and the Economic Development Corporation.

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND THE DOWNERS GROVE ECONOMIC DEVELOPMENT CORPORATION

RESOLUTION 2006 -115 Commissioner Schnell said consistent with her statements over the past several weeks, she will vote Nay on this item.

Commissioner Waldack reiterated his comments from the past weeks. He then made a Motion to amend the Resolution authorizing execution of a first amended agreement between the Village of Downers Grove and the Village of Downers Grove Economic Development Corporation to add that the sentence, “This restriction shall continue until five years from the date of separation from the Village,” be added to Section 19.2. Commissioner Schnell seconded the Motion.

Commissioner Schnell asked within Personnel rules, if a position opened up outside of the Village itself, if there are any personnel regulations that precludes taking a position with another entity that does business with the Village within a certain period of time. Village Attorney Petrarca said there are none. The Manager clarified that there are if you are an employee of the Village. Commissioner Schnell said if someone has made a policy decision with the EDC that might benefit them, and then they resign to take a position, there is nothing to prevent them from doing it, and Attorney Petrarca said there is nothing in Village policy to prevent that.

Commissioner Tully said he was intrigued by the proposed amendment but cannot support it for two reasons. This establishes a bad precedent. There are numerous situations where an employee of the Village resigns and no longer works for the Village but then works for another business that might have business with the Village at some time. Another situation might arise when an employee leaves the Village and joins another organization receiving funds from the Village that employee would be prevented from working for the business for five years, which he sees as preposterous. He doesn’t see the basis for it.

The Mayor said they have several employees who leave the Village and go to work for others who’ve done business with the Village.

Commissioner Waldack said the Village’s relationship with the EDC is unique, and staff is included because many of the deals to attract or retain businesses includes staff. As for the Council membership, you have a Mayor and Council actually funding for four years, in the amount of $500,000, an organization with which the Village has a very direct relationship. He says there should be a clear division and he cannot support something that could possibly create a situation where the Mayor or Council member has a retirement plan waiting for them in the EDC . This is an extreme example, but this is a unique organization. He wants to be sure that there is no undue influence, and he sees it as a matter of ethics.

Commissioner Tully said he questioned the motives behind this because he thinks it is designed to attack certain individuals. If this were a private situation this would be an unenforceable restrictive covenant. This is not enforceable under Illinois law. The principal of the issue is important. He will not support the amendment.

Commissioner Urban said he also will not support the amendment, and asked whether it is enforceable. When he took an oath he doesn’t recall signing a non-compete clause. He asked why all the other vendors are being excluded He thought when the bylaws were drawn up the Mayor and Council members were assigned the positions to be the stewards of the taxpayers’ money, and now they are being accused of lining their own pockets. He takes personal offense to that.

Commissioner Waldack, in response, said this is not a personal attack and is not meant to be one, but is meant to protect the public. He has an obligation to make sure that the agreements that he votes on are in the public interest. He thought this restriction was necessary. There are many scenarios out in the public and if someone takes personal affront or attack on this, that is their problem and is not the way this was meant to be interpreted.

Commissioner Sandack provided a brief history of the EDC as a new entity with a specific charge. Months into its existence the Council was asked to fund additional money. He does not support the amendment for the fundamental reason that the Council gave $450,000 to a new entity and he has a problem with additional funding. He would like to see the EDC show some returns on a year’s worth of work before any additional funds are given. As to the question of amending the bylaws, he said that the Council didn’t do a good job of reviewing the bylaws and the Council learned that there were critical flaws in connection with the structure of the EDC . The Village wants the EDC to succeed. This motion is to amend the funding. He will not support this. This isn’t about an employee going to work for a vendor of a Village. It is about an elected official potentially taking a job with a nascent EDC . Each Council member has a fiduciary duty to act on behalf of the citizens of Downers Grove and only the residents. Asking someone to say you won’t work for the EDC after your time on the dais is over is hardly onerous or unlawful. Whether the amendment is harsh or extreme can be debated, but the idea that it is a restraint on trade or a personal attack is folly. The fact is that the Council members have a fiduciary duty and once that duty is over to restrict them will not cause harm.

Commissioner Schnell said she will be voting no simply because she doesn’t think they should give the EDC additional funding at this time. She seconded Commissioner Waldack’s motion because she thought it was a healthy discussion, but her vote has to do with the $150,000.

Commissioner Tully asked for the full text of Section 19.2.

Commissioner Waldack clarified that the first vote is on his Motion to amend Section 19.2. The second vote is on the entire agreement.

Commissioner Tully clarified the original wording in Section 19.2 which is not a problem. The problem is the statement that for five years after the individual leaves the employ of the Village they will be prohibited from taking a position with the EDC . He said that it refers to every employee of the Village for five years after they leave the Village.

Roll on the Motion to amend the resolution.

AYES : Commissioner Waldack, Sandack NAYS : Commissioners Schnell, Durkin, Urban, Tully, Mayor Krajewski The amendment to the Motion failed 5:2.

Roll on the original Motion AYES : Commissioners Tully, Urban, Durkin, Mayor Krajewski NAYS : Commissioners Waldack, Sandack, Schnell The Motion passed 4:3 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 Urban, Commissioner Tully, Commissioner Durkin and Mayor Krajewski Nay: Commissioner Sandack, Commissioner Schnell and Commissioner Waldack Indexes: Economic Development Corporation

ORD00 -02607 Ordinance: Provide for an Amendment to Ordinance #4665 and the Village of Downers Grove Budget for Fiscal Year 2006/07 Sponsors: Finance Summary of Item: This ordinance adopts certain amendments to the 2006/07 Budget.

AN ORDINANCE PROVIDING FOR AN AMENDMENT TO ORDINANCE #4665 AND THE VILLAGE OF DOWNERS GROVE BUDGET FOR FISCAL YEAR 2006 /07

ORDINANCE NO . 4832 A motion was made by Commissioner Urban, seconded by Commissioner Durkin, 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, Commissioner Durkin and Mayor Krajewski Indexes: Budget 2006/07

ORD00 -02608 Ordinance: 2006 Aggregate Tax Levy Sponsors: Finance Summary of Item: This will establish the 2006 Downers Grove Tax Levy in the amount of $10,741,795.00 for the Village of Downers Grove and $4,112,599.00 for the Library.

2006 AGGREGATE TAX LEVY ORDINANCE

ORDINANCE NO . 4833 A motion was made by Commissioner Durkin, 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, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy – 2006

ORD00 -02609 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2006 and Ending on the Thirtieth Day of April 2007 for Village of Downers Grove Special Service Area Number One Sponsors: Finance Summary of Item: This will establish the Special Service Area #1 tax levy in the amount of $7,424.00.

ORDINANCE : LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2006 AND ENDING ON THE THIRTIETH DAY OF APRIL 2007 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA NUMBER ONE

ORDINANCE NO . 4834 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, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy – 2006

ORD00 -02610 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2006 and Ending on the Thirtieth Day of April 2007 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 $234,000.00.

ORDINANCE : LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2006 AND ENDING ON THE THIRTIETH DAY OF APRIL 2007 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #2 (DOWNERS GROVE DOWNTOWN SPECIAL SERVICE AREA )

ORDINANCE NO . 4835 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 Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy – 2006

ORD00 -02611 Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of May 2006 and Ending on the Thirtieth Day of April 2007 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.

ORDINANCE : LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY 2006 AND ENDING ON THE THIRTIETH DAY OF APRIL 2007 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #3 (PRINCE POND SPECIAL SERVICE AREA )

ORDINANCE NO . 4836 A motion was made by Commissioner Sandack, seconded by Commissioner Tully, 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, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy – 2006

ORD00 -02612 Ordinance: Abate a Portion of the 2006 Tax Levy Related to Fairview Avenue Debt Service Sponsors: Finance Summary of Item: This will abate the 2006 tax levy for the Fairview Avenue debt service in the amount of $276,140.00.

AN ORDINANCE ABATING A PORTION OF THE 2006 TAX LEVY RELATED TO THE FAIRVIEW AVENUE DEBT SERVICE

ORDINANCE NO . 4837 A motion was made by Commissioner Tully, 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, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -02613 Ordinance: Abate a Portion of the 2006 Tax Levy Related to the General Obligation Bonds, Series 1999 Sponsors: Finance Summary of Item: This will abate the 2006 tax levy for the General Obligation Bond Series 1999 in the amount of $211,060.00.

AN ORDINANCE ABATING A PORTION OF THE 2006 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 1999

ORDINANCE NO . 4838 A motion was made by Commissioner Urban, seconded by Commissioner Durkin, 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, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -02614 Ordinance: Abate a Portion of the 2006 Tax Levy Related to the General Obligation Bonds, Series 2000 Sponsors: Finance Summary of Item: This will abate the 2006 tax levy for the General Obligation Bond Series 2000 in the amount of $155,225.00.

AN ORDINANCE ABATING A PORTION OF THE 2006 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2000

ORDINANCE NO . 4839 A motion was made by Commissioner Durkin, 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, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -02615 Ordinance: Abate a Portion of the 2006 Tax Levy Related to the General Obligation Bonds, Series 2001 Sponsors: Finance Summary of Item: This will abate the 2006 tax levy for the General Obligation Bond Series 2001 in the amount of $338,962.00.

AN ORDINANCE ABATING A PORTION OF THE 2006 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2001

ORDINANCE NO . 4840 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, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -02616 Ordinance: Abate a Portion of the 2006 Tax Levy Related to the General Obligation Water Bonds, Series 2001A Sponsors: Finance Summary of Item: * This will abate the 2006 tax levy for the General Obligation Bond Series 2001A in the amount of $514,432.00.

AN ORDINANCE ABATING A PORTION OF THE 2006 TAX LEVY RELATED TO THE GENERAL OBLIGATION WATER BONDS , SERIES 2001A

ORDINANCE NO . 4841 *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 Urban, Commissioner Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -02617 Ordinance: Abate a Portion of the 2006 Tax Levy Related to the General Obligation Bonds, Series 2003A Sponsors: Finance Summary of Item: This will abate $765,166.00 of the 2006 tax levy for the General Obligation Bond Series 2003A.

AN ORDINANCE ABATING A PORTION OF THE 2006 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS , SERIES 2003A

ORDINANCE NO . 4842 A motion was made by Commissioner Sandack, seconded by Commissioner Tully, 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, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -02618 Ordinance: Abate a Portion of the 2006 Tax Levy Related to the General Obligation Bonds, Series 2005 Sponsors: Finance Summary of Item: This will abate the 2006 tax levy for the General Obligation Bond Series 2005 in the amount of $141,504.00.

AN ORDINANCE ABATING A PORTION OF THE 2006 TAX LEVY RELAATED TO THE GENERAL OBLIGATION BONDS , SERIES 2005

ORDINANCE NO . 4843 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 Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Indexes: Tax Levy Abatement

ORD00 -02619 Ordinance: Amend the Tax on Gasoline Sponsors: Manager’s Office Summary of Item: This will increase the tax on gasoline to two and one-half cents ($.025) per gallon and to add that the revenues may also support the Transportation Fund.

AN ORDINANCE AMENDING THE TAX ON GASOLINE

ORDINANCE NO . 4844 Commissioner Schnell said she will support this because she views this tax as part of the transportation system within the Village of Downers Grove. The Village subsidizes the parking, the taxi system for senior citizens, and the commuter system. It is a comprehensive system to assist people getting from their homes to the train station. They hope the smaller commuter buses will also be used to provide services to senior citizens. She thinks the grant for the new buses was a unique opportunity, and without the grant she would not support it.

Commissioner Waldack thanked the residents who came out to comment on the tax and who sent the e-mails protesting this tax. He recognizes the protest for subsidizing 150 riders. The purpose of the commuter system is not to serve 150 people but to take advantage of other opportunities such as the reverse commute and the circulator bus study which will serve all the residents of the Village. This is part of the transportation system, although this is not how he’d prefer to see it paid. He thanked Commissioner Tully for presenting this idea to the Council.

Commissioner Sandack said he would support this proposition, but said the Council should consider Mr. Thoman’s comments. He said they should have language extinguishing the tax should the Downers Grove bus system end. His recommended language is “for so long as the Village shall maintain the Downers Grove bus system and upon such expiration the tax shall revert to 1.5 cents” for Section 21.1101A. In Section 21.1104 he would suggest putting in Mr. Thoman’s comment “specifically and exclusively for funding the Downers Grove bus system.” Commissioner Schnell seconded the Motion.

The Mayor said he will not support this.

Commissioner Sandack said he received some correspondence on this item. He reminded the public that the Village already has a local motor fuel tax. Surrounding municipalities have various levels of taxation. Our prices are lower or competitive with towns that have no local tax.

Commissioner Sandack said that Commissioner Tully’s concept was to try to fund an operating deficit which is likely to be reduced with the new bus system. Commissioner Sandack said he was a staunch opponent of the new bus system and couldn’t see how it could continue with the inefficient buses. The new system was supported unanimously by the Council to obtain the brand new PACE buses. He thinks this is a manageable subsidy. He said there are several services earmarked for a certain segment of the society. He sees it as making sense for far more than 150 people, and sees the good as outweighing the bad.

The Mayor said that the Village’s buses won the “green award.”

Commissioner Tully said this is an opportunity to allow the bus system to continue a service that already exists in the community. The Council unanimously approved going forward with the grant. A part of the consideration was how to pay for the deficit without adding to property taxes, or taking funds from other capital projects. The proposal was to raise the Motor Fuel Tax from 1.5 cents to 2.5 cents. He thinks that the people are protesting the commuter system itself. Commissioner Tully sees this as an opportunity, and the lesser of multiple evils. He sees this system as a potentially positive impact in relation to the discussion on affordable housing. The Transportation Advisory Commission is working very hard in conjunction with staff to support this proposal as much as possible. He sees this as a prudent path to follow. He agrees with Commissioner Sandack’s concept of sunsetting this tax because sunset clauses force issues to be brought back before the public for review and further discussion. He would sunset this tax in the year 2015 to coincide with the anticipated life of the new buses.

Commissioner Schnell said she doesn’t want it to be lost in the system, and Village Attorney Petrarca said that they can adopt a motion as amended in concept and adjust the language.

The Mayor asked Director Barber if and when the buses will arrive. The Manager said that if the ordinance were adopted today the intent would be to increase the tax starting February 1. In further response the Manager said staff has not yet contacted the gas stations about the proposed tax increase. The Mayor suggested that staff tell them about this tomorrow. Director Barber said there is a hearing to finalize the agreement in January or February. The Village could get the buses as early as April or May, or as long as nine months. Both Commissioner Durkin and the Mayor noted that while the buses are not here, the rolling deficit is. Mayor Krajewski said that staff did provide documentation that the actual deficit over 11 years is more like $4 million. He explained how the funding has been distributed in the Village’s budget, and provided a brief history of how the bus commuter system has decreased while the taxicab subsidy program has increased. The bus ridership is constantly decreasing, yet the Village staff and Council is putting in a lot of time on this issue. His concern is that they will have to pour money into maintaining the existing system while waiting to receive the new buses. He also sees the proposed Circulator System as another project that the Village will be asked to subsidize, increasing the deficit even more. The Mayor said he is not supporting this increase in gas tax because there are a lot more important things to be done in the Village. The Village has spent a lot of time over the past ten years and still cannot get people to ride the buses. The Village will have new buses with a subsidy of $112,000 but the issue is how to pick up the ridership.

Commissioner Urban said he’s asked in past discussions whether the Village will really ever see eight buses. He would like to add something to the motion that if the Village does not see the buses over a specific period of time, then everything should be eliminated, including the commuter system and the gas tax increase. He does not have positive expectations of PACE to follow through in providing the buses, and would like the additional language that if the buses are not provided within twelve months, that the entire system will be eliminated and the gas tax rescinded.

Commissioner Durkin said he would not support the system because he still sees it as a single use. He thinks the Circulator System is “blue sky.” He asked at what point a decision would be made that the number of people using the system is low enough to eliminate the system. He won’t support this no matter what kind of clauses are added.

Commissioner Waldack asked for clarification as to what they are voting on, and the Manager said Commissioner Sandack introduced an amendment to the proposed Ordinance. She then asked Commissioner Sandack to repeat the wording he is recommending.

Commissioner Sandack re-read the wording for the amendment to the motion. He said he agreed with Commissioner Urban’s comments that the Village should not enforce the tax until such time as the Village gets the buses.

Manager Pavlicek said the reason staff is putting the motion forward now is that the intention is to collect the increased gas tax as early as February 1 because they are also dealing with a significant fund deficit that must be addressed in the annual audit. Staff’s perspective was to identify a funding source to retire the outstanding deficit and to deal with the sustaining gap funding for the difference between operating costs and revenue.

Commissioner Schnell said if within 18 months the Village doesn’t have any new buses, the existing buses will probably already be out of service. She agrees that if they don’t receive them within a reasonable amount of time, the discussion will be moot. Putting some type of time frame in makes sense, but she would like to see them attempt to take advantage of the opportunity.

The Mayor asked Director Barber to provide information on the amount of time that is being spent on maintenance on the buses.

Commissioner Sandack said they should focus on the motion right now and not have ancillary discussion.

Commissioner Schnell asked Director Barber if the buses are capable of lasting 18 months, and Mr. Barber said they are in more of a preventive maintenance mode right now than in the past because they have put a lot of maintenance into them. He will provide a report next week.

Commissioner Tully moved to amend Commissioner Sandack’s motion to reflect that there is a date certain of 2015 for the sunset. Commissioner Schnell seconded the Motion.

Commissioner Urban said he would like to make a motion identical to that made by Commissioner Sandack with the verbiage that nothing happens until the buses arrive. There was no second.

Roll Call on the Motion to amend the Ordinance including the sunset provision: AYES : Commissioners Sandack, Schnell, Waldack, Urban, Tully NAYS : Commissioner Durkin, Mayor Krajewski

Roll Call on the Motion as amended: AYES : Commissioners Tully, Schnell, Waldack, Urban, Sandack NAYS : Commissioner Durkin, Mayor Krajewski A motion was made by Commissioner Tully, 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 and Commissioner Waldack Nay: Commissioner Durkin and Mayor Krajewski Indexes: Gasoline Tax

8. Mayor’s Report

New Business

RES00 -02585 Resolution: Appointments to Boards and Commissions Sponsors: Mayor Summary of Item: This will appoint Peter Craven to the Technology Commission to a term ending 4/30/09.

RESOLUTION APPOINTING PETER CRAVEN TO THE TECHNOLOGY COMMISSION

RESOLUTION 2006 -116 The Mayor thanked Mr. Craven for agreeing to serve on the Technology Commission.

With respect to the Historic Preservation Ordinance, the Mayor asked the Chairman of the ADRB to bring the recommendation back to the Council for discussion.

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 Schnell, Commissioner Tully, Commissioner Waldack, Commissioner Durkin and Mayor Krajewski Indexes: Boards and Commissions

Materials to be Placed on File

9. Manager’s Report

The Manager said Village offices will be closed on Monday, December 25 and Tuesday, December 26, and Monday, January 1. There will be no meeting on December 26.

10. Attorney’s Report

MOT00 -02622 Motion: Appoint Judy Buttny as Acting Village Treasurer for the Village of Downers Grove Sponsors: Manager’s Office Summary of Item: This will appoint Judy Buttny as Acting Village Treasurer effective December 19, 2006. A motion was made by Commissioner Tully, 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, Commissioner Durkin and Mayor Krajewski Indexes: Village Treasurer

11.Council Member Reports and New Business

Commissioner Sandack wished everyone Happy Holidays with safe travels.

Commissioner Waldack thanked the residents who came out to this meeting. He asked the Attorney, since it is campaign season, whether there is a limitation as to how many Council members could attend any of the campaign events. Attorney Petrarca said she will give him a report with direct answers on that question. Commissioner Waldack said he understood that more than two Council members could have attended the affordable housing meeting. He encouraged having a Workshop on the affordable housing issue.

Commissioner Waldack said that four years ago he said he gave the voters the choice of turning Downers Grove into Potterville or Bedford Falls. In the spirit of Christmas, the movie, “It’s a Wonderful Life,” is shown annually. He then presented his Christmas message in the form of a portion of the film’s dialogue.

Commissioner Schnell said she would welcome a dialogue on affordable housing, hoping they could set something up for the month of January. She also wished everyone a Happy Holiday.

Commissioners Durkin and Urban extended their wishes for Happy Holidays, and Commissioner Durkin extended thanks to the public for their participation this past year.

Commissioner Tully said he attended the December 1 presentation on affordable housing. There is a great deal of interst and support on this subject. He noted that it is necessary to provide some definition as to what is meant by middle-income housing in Downers Grove and DuPage County. He noted that there are private and public solutions to this. He recommended that any presentations be very specific with concrete proposals.

Commissioner Tully extended best wishes to all for the holiday.

The Mayor said that he would like to get the Village Council together after the first of the year to review the Strategic Plan and see if it requires any reprioritization. The Manager said the Strategic Plan is a living document that needs to be reviewed. The more critical issue is the fact that the annual budget cycle is based on plans for the next 12 months. It is less than 30 days since the adoption of the budget and the budget sets the course for activities during the coming year, so the issue of affordable housing is appropriately a conversation that should be held in the coming months in the spring.

The Mayor wished everyone Happy Holidays.

12. Adjournment

Commissioner Tully moved to adjourn. Commissioner Urban seconded.

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

Mayor Krajewski declared the motion carried and the meeting adjourned at 9:30 p.m