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July 09, 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 Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt, Commissioner Greg Hosé, Commissioner David S. Olsen and Mayor Martin Tully  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

Executive Session Minutes for Approval Only - June 18, 2013  Council Meeting - July 2, 2013 M ayor Tully asked for a Motion to approve the minutes as submitted.  He said he would abstain from approving the minutes of the July 2, 2013 Council meeting, as he did not attend that meeting.

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

Police Department and Fire Department Awards

Police Chief Bob Porter said this ceremony is to publicly recognize those individuals who went above and beyond in helping public safety personnel.  He asked the Mayor to step forward to help present the awards.

Chief Porter introduced Officer Larry Vacala, Chair of the Awards and Commendations Committe, to read the awards.

Ms. Shawn Pittman was awarded the Certificate of Recognition for intervening in a serious situation.  On December 26, 2012, Ms. Pittman, a route carrrier for the U.S. Postal Service, noticed the collection of mail at a residence and the condition of the house.  She notified the police after trying, unsuccessfully, to reach the resident.  Without her intervention, the victim may have perished inside the home.

Susan Lorenc received the Commendatory Certificate for her courage in confronting two burglars.  On September 7, 2012, Mr. Lorenc observed suspicious activity involving two men, and called the police.  She then confronted the men.  Her action prevented the burglary and the two subjects were later arrested and several burglaries were closed.

U.S. Navy Recruiters Patrick Burke, Shaun Murphy and David Runyon each received the Commendatory Certificate for providing information to police needed to apprehend two subjects.  On June 11, 2012, the recruiters smelled smoke near their office, and upon investigation, observed two subjects ingesting drugs.  The recruiters called the police, provided a description and license plate number which led to the apprehension of the subjects who were charged with burglary and unlawful possession of a controlled substance.

Brian C. George received the Lifesaving Award for rescuing a victim.  On June 17, 2012, the police were called regarding a person that was unresponsive and at the bottom of a swimming pool.  Upon arrival the police observed Mr. George holding a combative victim who had attempted to commit suicide by drowning.  Mr. George's actions helped to prevent a suicide.

Mary Wennerstrom, Crime Prevention Specialist, presented the joint Police and Fire Department award to Boy Scout Troop 181 for their partnership and participation in Village events.  She extended appreciation for all their work.

Fire Chief Jim Jackson asked Marsha Giesler, Fire Department Public Information Officer, to read the awards from the Fire Department.

Cynthia Ivey received the Partnership Award on behalf of the Residence Inn Chicago Lombard by Marriott.  For more than 10 years, they have offered a free night's lodging for the victims of residential fires.  This includes lodging for the family and their pets, access to the internet, use of kitchenettes and a continental breakfast.  Ms. Giesler expressed appreciation on behalf of the Fire Department to the Marriott for partnering with us to assist our residents.  She thanked them for their goodwill and strong sense of community.

Brendon Harrison, age 14, received the Award of Valor for helping his family escape their home during a fire.  On March 10, 2013, Brendon was awakened by the sound of crackling in the kitchen of his family's home.  He woke his mother, and due to his insistence, his entire family escaped the home and waited for the Fire Department to arrive.  His actions are especially noteworthy as Brendon's autism often makes it difficult for him to communicate with others.

Maria Brutus received the Life Saving Award for serving as a first responder at the Bohemian Garden Restaurant.  She took action to remove an obstruction from a subject's mouth.  When the paramedics arrived, the patient was breathing on his own.

Steven Belano, Svetlana Kapela, Jeffrey Roe, Jennifer Heggaton, Ryan Stanis, Edward Bendoraitis, David Roe, Jeffrey Baumann, Patricia Mugavero, Evelyn Spencer and Danielle Green received the Life Saving Award for their efforts to revive a person at the Good Samaritan Health and Wellness Center.  On January 24, 2013, a patient had fallen and was unresponsive and pulseless.  These members of the staff call 911, assessed the patient, placed him on an AED and initiated CPR.  The patient began spontaneous respirations, and became responsive and alert.  Ms. Giesler noted that the patient was in attendance at tonight's meeting.

Erin Holland, Kirten Conner, Kathleen Baldwin, Jennifer Heggaton, and Jeffrey Roe received the Life Saving Award for their efforts to revive a person at the Good Samaritan Health and Wellness Center.  On October 13, 2012, a patient collapsed on the treadmill and became unresponsive.  These members of the staff activated the EMS system, applied an AED and provided CPR.  Due to their training and coordinated efforts, the patient became responsive and began breathing on his own.  Ms. Giesler noted that this patient was also in attendance at tonight's meeting.

Fire Chief Jackson spoke of the fire service traditions.  He said these customs are very symbolic.  The badge is a symbol of trust and faith the community places in a firefighter.  He stressed that duty, pride and tradition are part of every firefighter.  He explained that the firefighters' tradition of respect can also be seen in how it honors its retirees, and fallen firefighters.

Mayor Tully thanked everyone recognized for their outstanding, selfless acts.

5. Council Member Reports

Commissioner Hosé said it was truly humbling to watch the presentation of awards.  He thanked those honored for their service.  He then said that he rode with police officer Kevin Darrah Saturday night/Sunday morning.  He was struck by the professionalism and dedication displayed by all of the officers.  He spoke of Officer Darrah's ability to multi-task and perceive things in an instant and to do it while working at night.  He thanked the Police Department officers for their dedication.

Commissioner Olsen said he was at the Fire Department yesterday with Chief Jim Jackson.  They visited each station.  It was a great opportunity and he thanked the Fire Department for it.  It is a great group of public service staff, and he thanked them for their dedication.

Commissioner Olsen then announced the dedication ceremony of the clinical campus of Midwestern University on July 16, 2013, from 5:00 to 7:00 p.m. at 3450 Lacey Road.  He said he is excited to welcome them.

Commissioner Durkin also spoke of the Midwestern University dedication, noting that there will be guided tours of the state-of-the-art facility.  It is designed to deliver quality, affordable healthcare and to provide a wide-range of healthcare.  Those wanting more information can call 630-743-5000 or visit

Mayor Tully thanked everyone who attended the Independence Day parade.  He said it was a very nice occasion.

The Mayor then announced the death of Donald Eckmann.  Mr. Eckmann was a tireless public servant who chaired the Stormwater and Flood Plain Oversight Committee and was President of the Downers Grove Sanitary District Board of Trustees.  The Mayor said he will be dearly missed and he and his family are in our prayers.

6. Public Hearings

7. Consent Agenda

BIL 00-05284 A.  List of Bills Payable:  No. 6058, July 9, 2013

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

MOT 00-05275 B.  Motion:  Award a Contract for $2,217,888.20 to Central Blacktop Company, Inc., LaGrange, IL, for the 2013 Resurfacing (B) Project

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Street - Resurfacing , Motor Fuel Tax

RES 00-05274 C.  Resolution:  Adopt the 2012 DuPage County Natural Hazard Mitigation Plan

Sponsors: Public Works



RESOLUTION 2013-43 A motion was made to Pass this file on the Consent Agenda. Indexes: DuPage County

MOT 00-05157 D.  Motion:  Award a Contract in an Amount Not to Exceed $20,172 to S.B. Friedman & Company, Chicago, IL, for Professional Services re:  Proposed Special Service Area #6

Sponsors: Manager's Office Commissioner Hosé said he is glad to see this moving forward.  For a number of years, Downers Grove has provided fire and emergency medical services to the unincorporated area near 39th Street and Fairview Avenue without full compensation. This will allow the Village to continue providing service to the area and receive the full cost for these services.  The residents in the area will be paying no more than an incorporated resident of the Village. A motion was made to Award this file on the Consent Agenda.

MOT 00-05289 E.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Plan Commission - June 3, 2013

Stormwater and Flood Plain Oversight Committee - April 11, 2013 & May 9, 2013 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 Neustadt, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt, Commissioner Hosé, Commissioner Olsen and Mayor Tully

8. Active Agenda

ORD 00-05279 A.  Ordinance:  Approve a Planned Development Amendment to Planned Development #24, Fairmount Village II, to Allow the Construction of Two 7-Unit Townhome Buildings at 950 75th Street

Sponsors: Community Development and Plan Commission

Summary of Item: This approves an amendment to Planned Development #24 to allow the construction of two 7-unit

townhome buildings at 950 75th Street.




ORDINANCE NO. 5323 A motion was made by Commissioner Neustadt, seconded by Commissioner Durkin, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt, Commissioner Hosé, Commissioner Olsen and Mayor Tully  Indexes: Planned Development #24 - Fairmount Village II

9. First Reading

10. Mayor's Report

RES 00-05278 Resolution:  Appoint Donald Rickard to the Plan Commission

Sponsors: Mayor

Summary of Item: This appoints Donald Rickard to the Plan Commissiion.  




RESOLUTION 2013-44 T he Mayor asked the Village Clerk to read the resolution.

The Mayor thanked Commissioner Hosé for making this recommendation.

Commissioner Hosé said Mr. Rickard is a managing architect with Milord Company in Bridgeview, IL, and has worked on projects in the Village and throughout the Chicagoland area.  He served on and was later chair of the Plan Commission in Romeoville.  Mr. Rickard has considerable experience with comprehensive plan and zoning code re-writes.  Commissioner Hosé thanked Mr. Rickard for agreeing to serve on this Commission. A motion was made by Commissioner Neustadt, seconded by Commissioner Durkin, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt, Commissioner Hosé, Commissioner Olsen and Mayor Tully  Indexes: Boards and Commissions


Mayor Tully said he was in San Diego last week.  He listened to the podcast of the Council meeting on his return flight.  He referenced the comments made by Richard McMahon regarding the Mobil station at 63rd and Belmont.  Mr. McMahon expressed some frustration regarding the Village not being responsive and not willing to change our liquor ordinance "so as to not harm other businesses."  He said he has spoken with Mr. McMahon several times prior to his coming to the meeting.  Mr. McMahon is asking the Village to create a new category of liquor license to have the ability to sell liquor at convenience stores that are part gas stations.  The Mayor said that is not currently provided for in our ordinance and there is no desire to do that.  Further, the Mayor asked Mr. Cassa of the Economic Development Corporation to speak with Mr. McMahon to see if there might be some economic development benefit to this.  It would probably not bring new sales tax dollars to Downers Grove and may, in fact, canabalize existing sales tax dollars in our community.  The Mayor clarified that the comment about protecting existing businesses was not about that, but was actually about creating a special exception solely for Mr. McMahon's two locations, giving him an unfair advantage.  The Mayor further said that he spoke with Mr. McMahon again today to tell him that he would have appreciated a call before sharing his comments with the Council.  The Village, including the Economic Development Corporation, has been very responsive.

11. Manager's Report

12. Attorney's Report

13. Council Member New Business

14. Adjournment

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

VOTE:  YEA - Commissioners Neustadt, Durkin, Hosé, Olsen, Rheintgen, Barnett, Mayor Tully.

Mayor Tully declared the motion carried and the Council convened into Executive Session in the Ante Room at 7:45 p.m.