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February 05, 2013

1. Call to Order

Mayor Martin Tully called the regular meeting of the Village Council of the Village of Downers Grove to order at 7:00 p.m. in the Council Chambers of the Downers Grove Village Hall.  

Pledge of Allegiance to the Flag

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

2. Roll Call

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

3. Minutes of Council Meetings

Council Meeting - January 15, 2013  Executive Session Minutes for Approval Only - January 15, 2013 M ayor Tully asked for a Motion to approve the minutes as submitted.

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

The Mayor declared the Motion carried by voice vote.

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

D'Anne Burley, a radio talk show host, commented on drivers' licenses for illegal immigrants.  She said that it is illegal and should not be going on.  People who are poor, or disabled are finding it difficult to go back and forth to work, and are assessed fines for violations.  Ms. Burley said that we are more liberal with people from foreign countries than we are to our own people, and we need more leniency for our own citizens.  


Mayor Tully read a proclamation honoring St. Mary of Gostyn School Day on February 5, 2013.  The school has been in the Village for 115 years.  Dr. Kathleen Benton, Principal of the school was present to accept the proclamation from the Mayor.  Dr. Benton said that they were excited to be celebrating 115 years in Downers Grove.  St. Mary's has a growing parish community and has recently purchased two additional adjacent parcels to expand their campus.

5. Public Hearings

6. Consent Agenda

COR 00-05137 A.  Claim Ordinance:  No. 5987, Payroll, January 11, 2013

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

BIL 00-05138 B.  List of Bills Payable:  No. 6026, February 5, 2013

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

MOT 00-05141 C.  Motion:  Award $25,772 to Kiesler Police Supply, Inc., Jeffersonville, IN, for Ammunition

Sponsors: Police Department

Summary of Item: This is a joint purchase with the City of Darien.  The cost to the Village of Downers Grove is

$13,283.  The cost to the City of Darien is $12,489. Commissioner Neustadt noted that this is a joint buy between Downers Grove and Darien.  It is another example of communities coming together to increase their purchasing power by partnering with other municipalities. A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Police Equipment

RES 00-05143 D.  Resolution:  Authorize an Extension to Agreement for Prosecution Services with Linda S. Pieczynski, Attorney at Law, P.C.

Sponsors: Village Attorney



RESOLUTION 2013-04 A motion was made to Pass this file on the Consent Agenda. Indexes: Village Prosecutor - Linda Pieczynski

RES 00-05145 E.  Resolution:  Authorize an Agreement for the Purchase of Services for the Provision of Bus Service

Sponsors: Public Works



RESOLUTION 2013-05 A motion was made to Pass this file on the Consent Agenda. Indexes: Pace

MOT 00-05140 F.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Library Board - December 12, 2012

Plan Commission - January 7, 2013

Stormwater and Flood Plain Oversight Committee - December 13, 2012

Transportation and Parking Commission - November 14, 2012

Zoning Board of Appeals - November 28, 2012 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 Durkin, seconded by Commissioner Barnett, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully

7. Active Agenda

RES 00-05134 A.  Resolution:  Authorize a Grant Agreement with Paras D. Kayastha (522 Ogden Avenue)

Sponsors: Community Development



RESOLUTION 2013-06 Commissioner Barnett said he will vote against this as he does not approve of the process, and it includes very little in the way of public improvements. A motion was made by Commissioner Durkin, seconded by Commissioner Neustadt, to Adopt this file. Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Nay: Commissioner Barnett  Indexes: Ogden Avenue TIF

RES 00-05135 B.  Resolution:  Authorize a Grant Agreement with Anthony Zangler (946 Ogden Avenue)

Sponsors: Community Development



RESOLUTION 2013-07 A motion was made by Commissioner Durkin, seconded by Commissioner Rheintgen, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Nay: Commissioner Barnett  Indexes: Ogden Avenue TIF

8. First Reading

ORD 00-05142 A.  Ordinance:  Adopt the 2013 Zoning Map

Sponsors: Community Development Tom Dabareiner, Director, Community Development, explained that pursuant to State law, the Village is required to update and approve its zoning map annually.  The map includes zoning changes approved by Council last year.   Indexes: Zoning Map

ORD 00-05144 B. Ordinance:  Approve a Planned Development Amendment to Plan Development #51 to Allow the Construction of a Chapel at Midwestern University Located at 555 31st Street  

Sponsors: Community Development and Plan Commission M r. Dabareiner explained that this ordinance would permit the construction of a chapel on the Midwestern University campus.  The site is zoned R-1 and is under a Planned Development.  This site has been a college campus since 1965.   Mr. Dabareiner showed the location of the proposed chapel, saying it would be 2,500 square feet and meets the building requirements of both the Zoning Ordinance and the Planned Development.  He showed a schematic of the chapel and how it fits into the campus site.  The Plan Commission considered this on January 7, 2013 and unanimously recommended approval.

Dr. Kathleen Goeppinger, President and CEO, Midwestern University, said that this building will be an important part of the campus and will serve many uses.  It fits in with their mission.

Commissioner Waldack said he considered this to be a great addition to the University.  As a structure, this could have gone through without mention of a chapel.  It is the structure itself that is being approved.

Commissioner Barnett commented on the landscaping, saying he appreciates how it is planned, and thanked the University for re-investing in Downers Grove.

Mayor Tully agreed with Commissioner Barnett, and said he looked forward to many more opportunities to host Midwestern University in the Chambers.  Indexes: Planned Development #51 - Midwestern University

9. Mayor's Report

REP 00-05139 State of the Village Address

Sponsors: Mayor M ayor Tully said the tradition of a chief executive giving a verbal State of the Union address dates back to January 8, 1790, when President George Washington delivered the first annual report before a joint session of Congress in New York City.  The Village's State of the Village Address is designed to highlight the successes of the year and focuses on six key topics.


The Village implemented a stormwater utility, the first in DuPage County, to create a permanent and sustainable accounting source for stormwater infrastructure systems based on impervious area rather than property values.  This is a long-running project that has been in some form of discussion for more than a decade.   In addition, the Village issued $35 million in bonds and has maintained its AA+ bond rating.  Standard & Poors offered a strong endorsement of the Village's long-range financial planning process.  The Mayor then noted the launch of a monthly electronic recycling event, which is held on the first Saturday of every month for the disposal of electronics that cannot be placed in landfills.  The Village also privatized the downtown and train station snow removal program which reduces costs by $8,000 per year, completes snow routes 30% faster, eliminates the need for Village-owned specialty vehicles, and decreases the risk and liability expenses associated with conducting the operation with Village staff.    He noted that the Village also solved a long-running issue by executing an agreement with Pace in order to elminate the operating deficit of the Village-run bus system.  Now all expenses of the Grove Commuter Shuttle are covered by Pace and the bus riders themselves through the farebox revenues.  This allows for a reduction of the cumulative deficit using interest income growth.  He said $185,000 in gasoline tax revenue has been shifted from supporting the bus system to street resurfacing.  No Village funds are used to operate the Village buses.  The Mayor then noted that services levels have improved in the Fire Department, and costs have been reduced.


In 2012, the long-awaited Belmont underpass was finally completed.  Mayor Tully noted that no Village funds were used in this grade separation project, which enhances traffic flow, improves safety, and improves access to the Ellsworth Business Park.  The Mayor said that last year the Village invested $19 million in the Village's infrastructure.  He showed photographs of some of the work accomplished.  He highlighted the Valley View and Knottingham subdivisions and the 2nd and Cumnor stormwater detention project.

Exceptional Municipal Services

Mayor Tully commented on the Village's involvement in the electrical aggregation program done in partnership with the Village of Westmont.  Because of electrical service problems, the Village conducted town hall meetings with Village residents and ComEd executives to address the reliability of electrical services in the Village.  In addition, the Village addressed parking issues in the downtown area of the Village by increasing the number of shopper spaces on the north side of the railroad tracks, and increased the number of free parking spaces after 11:00 a.m.


The Village is a technology community and in 2012 the Village launched its Facebook page.  Mayor Tully encouraged people to visit the page to keep up with what is happening.  The Mayor further noted the reaccredidation of the Police Department by the Commission on Accreditation of Law Enforcement Agencies.  It reduces risk and liability expenses for the Village, and meets the national standards, which benefits the community.


Mayor Tully stated that Ogden Avenue is important to the Village due to the sale tax it generates.  He mentioned the new Aston Martin dealership that located in the Village, which is expected to increase the sales tax revenue by about $185,000 annually, as well as draw attention to the Village.  In addition, the Packey Webb Ford dealership on Ogden Avenue and Finley was retained through the efforts of the Village, the EDC and OASIS program.  The Mayor then mentioned the continued expansion of Midwestern University, including its dental clinic, auditorium and parking deck.  The auditorium will be a performing arts center that the University will make available for local not-for-profit performances.  Dental services will also be made available to the public at below-market rates.  He mentioned that the Village will also be the new headquarters for the American Society for Gastrointestinal Endoscopy which will be constructing 41,000 square feet of space.  Mayor Tully mentioned the OASIS program for Ogden Avenue, which has been successful since its inception, making $410,000 available in funding for 20 projects, which overall spurred $1.32 million in private investments.


Downers Grove is proud to cultivate innovation.  Mayor Tully reported that the Village has migrated its systems internally to Google Apps and the Cloud, thereby reducing hardware, software and labor expenses, reducing the total cost of ownership, and improving search capabilities.  The Village staff partnered with DuPage County to develop an on-line community resources information system.  The Village also partnered in an agreement with Seaspar and District 58 School District for fleet operations resulting in reduced costs.  He said 2012 also saw the launch of the interoperable radio system, which was funded by DuPage County to improve responses to emergency events made up of multiple agencies.


The Village of Downers Grove is recognized as a leader among municipalities.  Numerous awards have been received, as well as honors and designations.  Village employees have been singled-out for their achievement.  He listed some of the special awards received during the year.  As to media coverage, the Mayor noted that the Tivoli Theater was featured in a Geico commercial.  The Village was also the only city in the State of Illinois named by Forbes Magazine as one of the Top 10 Friendliest Towns in America, coming in at #8.  Mayor Tully then commented on the new logo on display, prepared as a joint effort by the Village, the Park District, the Downtown Management Corporation, and the Economic Development Corporation to promote the Village's designation as one of the friendliest communities in the country.  Details on how to obtain a copy of the logo will be available on the Village's website tomorrow.

Mayor Tully noted that increasing public awareness is a benefit to the Village.  The State of the Village is strong and resourceful, and the Council and staff will continue to encourage intelligent innovation.  He thanked the Council, the staff, the volunteers and the Village residents for making all of the Village's successes possible.   Indexes: State of the Village

10. Manager's Report

11. Attorney's Report

Village Attorney Enza Petrarca said she was presenting two (2) items to the Council:  1)  An ordinance approving a planned development amendment to Planned Development #51 to allow the construction of a chapel at Midwestern University located at 555 31st Street; and 2)  an ordinance adopting the 2013 Zoning Map.

Future Active Agenda

12. Council Member Reports and New Business

Commissioner Neustadt reminded everyone that the Village's Annual Ice Festival will take place February 8-10 with a theme of "Love is in the Air."  There will be numerous activities including ice carvings, a pancake breakfast, and a special presentation of "Ice Age" at the Tivoli benefiting Noah's Hope.  He encouraged everyone to come and participate in the festivities.

Commissioner Rheintgen said that the Grove Foundation Passport to Dining will take place on February 28.  The cost is $25.00 and will support activities in Downers Grove.  Additional information can be found at

Commissioner Waldack thanked the Mayor and staff for the State of the Village address.  He encouraged people to enjoy the Ice Festival, and reminded parents to tell their children to stay off frozen ponds.

Commissioner Barnett commented on the use of the word "stewardship" in the Mayor's report.  He read definitions of the word, noting that the Council and staff are examples of this.  He said it is entirely appropriate to celebrate the successes of the Village.

Commissioner Durkin spoke about the tree trimmers in his neighborhood, saying that in the past door-hangers were used to notify residents, but not today.  He asked if this practice could continue, as it enhances the service.   He then commented that the State of the Village address was great. 

13. Adjournment

Commissioner Neustadt moved to adjourn into Executive Session pursuant to Section 2(c)(1) of the Illinois Open Meetings Act to discuss personnel matters.  Commissioner Rheintgen seconded the Motion.

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

The Mayor declared the Motion carried and the Council convened into Executive Session in the Ante Room at 7:56 p.m.