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June 07, 2011

1. Call to Order

Mayor Martin Tully called the regular meeting of the Village Council of the Village of Downers Grove to order at 6:00 p.m. in the Council Chambers of the Downers Grove Village Hall.

2. Roll Call

Present: Commissioner Marilyn Schnell, Commissioner Bob Barnett, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt and Mayor Martin Tully  Non Voting: Village Manager David Fieldman, Village Attorney Enza Petrarca and Village Clerk April Holden

Convene into Executive Session - Ante Room

Commissioner Schnell moved to go into Executive Session pursuant to Section 2(c)(2) of the Open Meetings Act to discuss collective bargaining matters, Section 2(c)(11) of the Open Meetings Act to discuss litigation matters.  Commissioner Durkin seconded the Motion.

VOTE:  AYE - Commissioners Schnell, Durkin, Rheintgen, Barnett, Neustadt, Durkin, Waldack; Mayor Tully

The Mayor declared the Motion carried and the Council convened into Executive Session in the Ante Room at 6:01 p.m.

Reconvene into Open Session - Call to Order - Council Chambers - 7:00 p.m.

Mayor Martin Tully called the regular meeting of the Village Council of the Village of Downers Grove to order at 7:20 p.m. in the Council Chambers of the Downers Grove Village Hall.  He explained that the Council had convened into Executive Session at 6:00 p.m. and ran later than expected.  He apologized for the late start.

The Mayor asked the Clerk to call the roll:

Present:  Commissioner Rheintgen, Commissioner Barnett, Commissioner Neustadt, Commissioner Durkin, Commissioner Waldack, Commissioner Schnell; Mayor Tully

Absent:  None

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 of a general matter.  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.  Finally, an opportunity is given for public comments and questions on items appearing on the Consent Agenda, the Active Agenda and the First Reading.

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 Tully 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.  

Pledge of Allegiance to the Flag

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

3. Minutes of Council Meetings

Council Minutes - May 17, 2011  Long Range Financial Planning Session - May 24, 2011 M ayor Tully asked for a Motion to approve the minutes as submitted.

Commissioner Schnell moved to approve the minutes as presented.  Commissioner Durkin seconded the motion.

VOTE:  YEA:  Commissioners Schnell, Durkin, Rheintgen, Barnett, Neustadt, Waldack; Mayor Tully

The Mayor declared the Motion carried.

Capital Projects Update

Nan Newlon, Director, Public Works, presented an update on the Capital Projects for the past month.  She said there is a recommendation on tonight's agenda to award a street light replacement contract for Concord Square.  A new sidewalk contract has been awarded and work will begin when schools close and will be completed by the time school resumes in August.  In addition sidewalk maintenance contracts will be coming before the Council soon.  With respect to streets, she said Contract B is on this evening's agenda for road maintenance as is a discussion regarding upcoming roadway patching work.  Tonight's agenda also includes a contract for storm sewer work on Prospect.  A contract for storm sewers on Pershing will be brought forward soon, as well as contracts for watershed improvements for St. Joseph Creek Sub F.  The Village-wide sign inventory is underway.  Ms. Newlon commented that the parking study is underway.  Ms. Newlon explained the steps involved in the study and said that a consultant has already started surveying the downtown area.

Commissioner Neustadt asked if there would be a list prepared of patching projects.  Ms. Newlon said this is the third year they have been doing surface patching.  She said there is no final list at this time, but as more information becomes available the Council will be informed.  Basically, areas in need of patching have been determined by information from residents and by staff driving through the Village.

Commissioner Rheintgen asked what sections of Pershing would be covered.  Ms. Newlon responded there would be a two-block area from Lincoln to Chicago.

Commissioner Durkin inquired about street sweeping and whether staff checks the work that is done.  He said in his area some large spots near the sewer drains were missed leaving materials in the drain cover.

Mr. Fieldman said staff would take a look at the area.  

4. Public Comments - General Comments on Matters Not Appearing on Tonight's Agenda

1 .  Todd Gallentine, 4923 Main Street, President of the Downers Grove Rotary Club, provided a brief update on the upcoming Rotary Grove Fest.  He thanked the Council for approving the event and providing volunteers.  Rotary Grove Fest will be held June 23-26 on Main Street.  Bank Financial and Good Samaritan Hospital are sponsoring this year's event.  Thirty-four booths have been reserved and the majority of them are food-related.  There are also more than 50 craft fair booths.  There is still time to sponsor, or volunteer.  He referred everyone to their website at

2.  Frank Falesch, 820 Prairie, said there is a problem on the 800 block of Prairie where new paving and sewer was installed about a year ago.  Laterals were run to each home.  The space is settling in front of each home about 5 feet wide from the street to the curb.  He said they were told that compacting was not done.

Mayor Tully said staff would look at it to see if it warrants action.  Mr. Falesch noted that work is being done on Franklin Street as well.  He hopes that they repave the whole street, because it was broken up when the Washington Park renovation took place.  Mr. Falesch also commented that the Washington Park retention basin actually works.  

5. Public Hearings

6. Consent Agenda

COR 00-04522 A.  Claim Ordinance:  No. 5899, Payroll, May 6, 2011; No. 5901, Payroll, May 20, 2011

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL 00-04523 B.  List of Bills Payable:  No. 5902, June 7, 2011

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES 00-04524 C.  Resolution:  Authorize Addendum A to Agreement No. DWNR-090355 with Sungard Public Sector, Inc.

Sponsors: Police Department




RESOLUTION 2011-34 A motion was made to Pass this file on the Consent Agenda. Indexes: CAD

BID 00-04525 D.  Bid:  Award $65,946.00 to Insituform Technologies USA, Inc., Chesterfield, MO, for Storm Sewer Rehabilitation Project - Prospect, Lincoln to Chicago (SW-058)

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Storm Sewers

MOT 00-04526 E.  Motion:  Award $31,930.52 to Gaffney's PMI, Batavia, IL, for the Street Light Replacement, Concord Square II Project

Sponsors: Public Works A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Street Lights - Maintenance

MOT 00-04531 F.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Plan Commission - May 2, 2011 A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully

7. Active Agenda

ORD 00-04519 A.  Ordinance:  Approve a Final Planned Development Amendment to Planned Development #31 for the Construction of a Five-Story Medical/Dental Clinic and Six-Level Parking Garage

Sponsors: Community Development

Summary of Item: This approves the final planned development amendment for Planned Development #31 for the construction of a five-story medical/dental clinic and six-level parking garage.


ORDINANCE NO. 5201 C ommissioner Schnell thanked Midwestern University for hearing the concerns voiced by the Council when they first appeared, and for addressing those concerns.  They are a good community partner.

Mayor Tully said he was glad they were moving forward on this project and also thanked Midwestern University for being such a good member of the community.  A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Adopt this file.  Mayor Tully declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Planned Development #31 - Esplanade at Locust Point

ORD 00-04520 B.  Ordinance:  Vacate a Certain Portion of an Unimproved Right-of-Way Located Adjacent to 4700 Stonewall Avenue

Sponsors: Community Development

Summary of Item: This will vacate a 220-foot deep by 53-foot wide unimproved right-of-way immediately north of

and adjacent to the property located at 4700 Stonewall Avenue.


ORDINANCE NO. 5202 Commissioner Schnell said that the residents will pay their fair share of the cost of the vacation in the amount of $15,527.  A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Adopt this file.  Mayor Tully declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Vacation, Vacation - 4700 Stonewall Avenue

8. First Reading

MOT 00-04530 A.  Motion:  Award a Contract for $1,676,260.57 to R. W. Dunteman Company, Addison, IL, for the 2011 Resurfacing (B) Project (CIP Project ST-004 B)

Sponsors: Public Works M s. Newlon said that this contract for road maintenance is a component  of the 2011 Roadway Maintenance Program, a CIP project.  There are various contracts all related to street maintenance.  The Council previously approved Contract A, which is the Motor Fuel Tax (MFT) portion of the funding, amounting to $1.1 million.  The preventive seal contract was approved May 10, 2011and is underway.  Contract B is under consideration tonight for $1,676,250.  It includes a portion of funding for asphalt for pothole patching.  These contracts total $3.6 million and the budget is $3.9 million.  She said the streets selected for maintenance are listed on the Village's website.  This contract includes resurfacing selected Village streets along with patching and curb work not covered by MFT.  For the past two years, based on the money available in street maintenance, staff has hired a contractor to do patching.  This year staff is proposing to use in-house crews to do more patching in lieu of ditch restoration after regrading by renting a grinder and purchasing more asphalt.  Those contracts are on next week's agenda.  By combining various contracts they can cover as many streets as possible in the Village for street maintenance.

Ms. Newlon said the scope of work includes resurfacing selected streets with a new layer of asphalt along with the repair of defective sections of pavement and curbing.  She said the Village received six bids and R.W. Dunteman was the low bidder.  They have previously done work in the Village, including Prairie Avenue, and references from other communities were provided.

Commissioner Barnett suggested that they look into Prairie Avenue, since this appears to be the area mentioned by Mr. Falesch.

Commissioner Waldack commented that he appreciated the report card shared by IDOT.   It is a much better report card evaluation.  The contractor did not get a good mark on  planning.  He wanted to be sure that staff keeps tabs on Dunteman in terms of time and quality of work.  He said he preferred the IDOT report card over ours.    Indexes: Street - Resurfacing

MOT 00-04528 B.  Motion:  Authorize a Contract with Municipal & Financial Services Group LLC, Annapolis, MD, for a Stormwater Utility Study

Sponsors: Public Works M r. Fieldman commented that the Village has been working on a Stormwater Utility Study (the "Study") since 2003.  He provided background on the work, saying that the project concluded with a Stormwater Master Plan.  The Plan was revisited in 2009 as a preliminary recommendation in the Long Range Financial Plan.  Tonight is the last step in engaging in the Stormwater Utility Study.

Ms. Newlon said the purpose of the Study is to prepare recommendations regarding the creation of the Stormwater Utility to fund maintenance of the existing infrastructure, identification and continued construction of high priority projects, and insuring compliance with state and federal water quality regulations. There are 128 miles of storm sewers in the Village, 12 miles of streams, 300 ponds and wetlands, 60 miles of ditches, and 7000 drainage structures which collect, store and convey stormwater throughout the Village.  In 2007 a study was commissioned which recommended a maintenance frequency for each of the components of the system and, at this time, the Village is not meeting the targets of the recommendations of that study. This is a concern in terms of the integrity of the system.

Ms. Newlon provided information on the infrastructure construction front, saying that staff has focussed the past three years on designing and constructing high priority stormwater projects that were identified in the Watershed Infrastructure Improvement plan.  Approximately $15 million of stormwater improvements have been constructed and another $10 million of these projects will be constructed over the next two years.  In addition to these improvements, Ms. Newlon said the Village has an aging system of storm sewers in various stages of disrepair and in need of replacement.  She described the regulations required of the Village.  Our stormwater system is subject to the National Pollution Discharge Elimination System regulations.  These regulations require the Village to conduct various activities and have been increasing over time.  The Study includes seven primary tasks:  1) project initiative and data gathering; 2) level of service; 3) rate structure; 4) billing methodology; 5) policy issues; 6) implementation and reporting; 7) outreach and education to the public.

Ms. Newlon said this project is expected to be completed within a 14-week time frame.  An RFP was submitted and four responses were received.  Staff recommends that Municipal and Financial Services Group LLC be awarded the project. They have completed similar work in other communities and also conducted the Village's water rate study.

The Manager said this is the study to then make the decision about a stormwater utility.  This would be very interactive.  There would be four times this would be discussed publicly.  The Council can redirect or stop the Study at any time.

Commissioner Durkin asked about other bidders and their experience.

Mayor Tully asked for information on the other communities for whom the firm has worked.

Commissioner Schnell said it is important to educate both the Council and the public.  She wanted to know when the consultants would address the Council.  This is a complex and controversial project, and she would like the dates to be broadcast.  Commissioner Schnell said she is happy to see it is the same firm that did the water rate study.  They were a shining star in terms of consultants, and are more than up to the task.

The Manager noted that if the decision is to stop or redirect the study, the Village could do that.  There are four checkpoints publicly.

Commissioner Schnell said it is important to have a consultant to lead you through the process.  There is a lot of money involved and she wants to know that, if it is necessary to do so, they can stop the Study during the process.

Mayor Tully commented that now it is considered to be equitable to fund stormwater projects.

Commissioner Barnett said he agrees with Commissioners Durkin and Schnell and he supports going forward.  He isn't interested in moving forward, however, if they choose to stop this halfway through because of five e-mails from people who don't like this.  He thinks this is the right thing to do, and everyone knows it's the right thing to do.

Commissioner Waldack said this has been on the front burner for many years.  There will be many projects and it will cost money.  They've never fully addressed where the money will come from.  The public is interested when the Council talks about raising taxes.  The only other item that brought this type of attention was the cost of garbage stickers.  The Commissioner said this will be a big-ticket item and will affect pocket books.  He said the project would be transparent, and that a lot of information will be made available to the public.  Commissioner Waldack noted that he was opposed initially to the stormwater utility.  He thought the costs were more appropriate to property taxes because people could write off a portion.  This project has changed in the last few years. The Village has invested in a Master Plan and they now have an idea of the scope and cost.  They needed a plan to address the infrastructure resources and work, and more than local expertise was needed.  These consultants did a great job in assessing the water infrastructure and flooding situation.  He said that Orland Park was one of the communities with whom they worked.  He has confidence in the choice and the cost.  Some concerns and cautions he has are that the consultants be open, present a range of options, do not focus on impervious surface formulas, have a means of enforcement and keeping track of changes, and provide an understandable billing process. Commissioner Waldack said it must be affordable, understandable and fair.  He will support the consultants, and does not anticipate pulling the plug on this consultant project.

Commissioner Rheintgen supports the Study.  In the Long Range Financial Plan meeting they talked about expenses outpacing revenues, stormwater issues and ongoing maintenance.  She thinks this is a great idea.

Commissioner Neustadt said he believes these consultants to be the best the Village has had.  Staff is stretched thin, so having a good group of consultants is important. He believes they will get the answers they need and will be able to move forward on the Stormwater Utility project.

Mayor Tully noted that this idea was brought back from a conference in 2002.  The infrastructure has to be maintained, and there are unfunded federal mandates that must be met.  The main question is not whether or not to pay for something, but how to pay for the infrastructure and compliance. The Village could simply raise taxes, borrow money, etc.  However, this is viewed as a more equitable way of going about it.  This will provide information as to how to pay for it and how the community wants to move forward.  The Mayor noted that this is not new.  This is a dedicated revenue stream and it is not spent on other items.  You pay based on how much stormwater you generate that runs off your property onto other people's property.  He explained that there are ways to measure that.  The consultant is to assist the Village in finding those ways and determining how the project will be paid for.  The Mayor asked if there are any components of the Study that have already been addressed, and if so, whether those can be removed from this Study.  He also does not want to do the Study and then not move forward.  The time is here to make a decision.  After getting the information from this process, Council can then make a decision as to how they want to pay for this.

Commissioner Barnett asked if the Village would be getting information as to what is being spent today out of the General Fund for the components described by Ms. Newlon such as the maintenance, compliance costs, etc.  Ms. Newlon said they will get that information, and the consultant will be looking at all aspects of the Village's operations including what is and what is not being done.  Indexes: Stormwater Utility

MOT 00-04529 C.  Motion:  Authorize a Contract for $130,802 to Dual Fuel Systems, Inc., Naperville, IL, for Compressed Natural Gas (CNG) Fueling Station Expansion & Fuel Management System Improvements

Sponsors: Public Works M s. Newlon said that this project involves several improvements to the fueling station located at the Public Works facility.  The Village and other governmental agencies use it.  This involves a new storage vessel to double the present fuel capacity.  The Village has 35 CNG vehicles, and has a 5-ton truck on order that will be one of the first used in the Midwest.  A new high capacity dispenser doubles the number of vehicles that can be fueled.  The project includes a new fuel site access controller that automates access to the fuel site through radio frequency identification technology that will capture vehicle identification,current mileage, fuel quantity and other information without operator input.  It will also improve the Village fleet maintenance operation.

 Ms. Newlon noted that this is partially funded by a grant from the City of Chicago, and the Village is required to contribute $66,000.  She said one response was received to the RFP from Dual Fuel Systems, Inc., of Naperville.  They originally built the Village's CNG station in 2001.  There are a limited number of contractors providing this service and most of them are involved in larger contracts.  In this case, the Village needs on-going service and this company is a good fit for the Village.

Commissioner Schnell asked if the enhancements being made will eventually open this up to the public who have CNG vehicles.  Mr. Fieldman responded that the new system would allow for credit card use.  Once this is complete and is up and running for governmental use, they can come back to the Council for a policy discussion on public use.

Commissioner Durkin inquired about charging other government bodies.  Mr. Fieldman replied that it is analyzed on a regular basis and they have several intergovernmental agreements (IGA), which are staggered with the terms.  Staff will continue to look at pricing and pricing models.  He said if other IGAs come to the Council, staff will provide additional information and guidance as to pricing.  Commissioner Durkin said he would be interested in knowing how this can be opened up, and how it would be priced.

Commissioner Neustadt commented that this increases the capacity for the Village and allows others to use the facility.  He said there are two entities, District 99 and the Park District, that are not using this yet and he encouraged approaching them again.

Mayor Tully suggested working proactively to engage in communication, cooperation and collaboration with other taxing bodies as well as the private sector.  He suggested a packet that could be shared with others as to why they should participate.

Frank Falesch, 820 Prairie, asked what the relationship was between the cost of natural gas and a gallon of gas.  He thought natural gas would be cheaper.  Mayor Tully and the Manager said they would obtain that information and share it with the Council and public.   Indexes: CNG Fueling Facility

RES 00-04527 D.  Resolution:  Authorize a Claims Administration Agreement with Underwriters Safety & Claims, Inc.

Sponsors: Human Resources Dennis Burke, Interim Director of Human Resources, said this request is to approve a contract with Underwriters Safety & Claims, Inc. to serve as the Village's Third Party Claims Administrator and manage General/Auto and Workers Compensation claims against the Village.  Staff conducted an in-depth review, interviews, reference checks, etc., and recommends Underwriters Safety & Claims for a three-year agreement.     Indexes: Insurance - Risk Management

9. Mayor's Report

Mayor Tully said that there was a threat of the Village and other municipalities losing a significant share of their State Income Tax from Springfield.  The measure did not succeed and for now the revenues of the Village will not be impacted.  He thanked Senators Sandack and Dillard, and Representatives Pihos and Bellock.

Materials to be Received

Materials to be Placed on File


10. Manager's Report

M r. Fieldman reminded everyone that next week, after an abbreviated Council meeting, the Council will adjourn to the Committee Room to have an in-depth discussion of the Comprehensive Plan.  The public is invited to attend.

Commissioner Schnell asked that a copy of the Comprehensive Plan be made available at the Library. 

11. Attorney's Report

Future Active Agenda

12. Council Member Reports and New Business

Commissioner Neustadt said that Crain Chicago Business reported last week that Downers Grove was the only community outside the City of Chicago that made it into the top ten local price gainers of the decade in terms of increases in property values.  Downers Grove experienced a 32.5% increase in property values for single family homes from the fourth quarter of 2000 to the fourth quarter of 2010.

Commissioner Rheintgen commented also that in the Crain article, Downers Grove was the only suburb in the western suburbs mentioned.  She also extended birthday greetings to her 7 year old.

Commissioner Waldack said he had an inquiry as to why garage sales were not allowed on Mondays or three-day weekends.  He said the Code does not forbid garage sales on Mondays, but it does address signage.  He noted that there is restriction on signage for Mondays, and asked that staff review the Code and make adjustments for a three-day holiday weekend in Sec. 28.1501.04(8) and Sec. 1501.04(10).

The Mayor asked if this was a gap in the ordinance or a policy decision as part of the Sign Ordinance discussions.

Village Attorney Enza Petrarca responded that it would be a Zoning Code amendment and would have to go to the Plan Commission.

Commissioner Schnell asked what the logic was behind the decision, and for more background from staff.

Commissioner Durkin commented that it made common sense to him to just go ahead and legalize it, and asked whether it is enforced.

Commissioner Waldack then asked staff to check into the telecommunication tax revenue. He said the second-most advertised item on television appears to be telecommunications, yet the Village is not getting more revenue.  He asked that staff check with neighboring communities as to their revenues and whether they are decreasing.  This might be an item for the DuPage Mayors and Managers to review.

The Mayor responded that this could potentially be audited.

Commissioner Durkin said that he is not sure that the municipal share of local income taxes will not be discussed again.  He encouraged the staff to approach the Long Range Financial Plan as if the municipal share of local income taxes will not be there.  It will be a large task, but he believes there is no guarantee that they will not be facing this issue again.  The Village should work as though the funds are not going to be available.

Commissioner Durkin represented the Village on June 3 at the groundbreaking at Argonne for the $95 billion energy science building.  He noted that the battery for the General Motors Volt battery operated car was engineering and designed at Argonne.  This building is a big construction job with many specialties.  Downers Grove will benefit from the jobs created.

Commissioner Schnell encouraged residents to check on elderly residents due to the heat to make sure they are all right.  She also reminded everyone that the Friday Night Car Show and Saturday morning Downtown Market are operating and encouraged everyone to attend.

The Mayor announced that Midwestern University is having a golf outing on June 10 to raise funds for scholarships.  Also, on Sunday, the Downers Grove Park District is hosting a 5- and 10-miler race.

Mayor Tully announced that there were 16 days to the Rotary GroveFest.

13. Adjournment

Commissioner Schnell moved to adjourn.  Commissioner Durkin seconded the Motion.

VOTE:  YEA:  Commissioners Schnell, Durkin, Rheintgen, Barnett, Neustadt, Waldack; Mayor Tully

Mayor Tully declared the motion carried and the meeting adjourned at 8:39 p.m.