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June 10, 2014

1. Call to Order

Commissioner Neustadt noted that due to problems on the Metra train line, Mayor Tully has been delayed and should arrive shortly.  Mayor pro tem Neustadt called the regular meeting of the Village Council of the Village of Downers Grove to order at 7:02 p.m. in the Council Chambers of the Downers Grove Village Hall.

Pledge of Allegiance to the Flag

Mayor pro tem Neustadt invited members from Boy Scout Troop 57 of St. Paul's United Church of Christ to help lead 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  M ayor Tully arrived at 7:11 p.m.

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 Neustadt 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 - June 3, 2014 M ayor Neustadt asked for a Motion to approve the minutes as submitted.

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

VOTE:  Aye:  Commissioners Durkin, Olsen, Hosé, Rheintgen, Barnett; Mayor Neustadt

The Mayor declared the Motion carried.

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

Paul Zalduendo, 603 72nd Street, said he is with the Downers Grove Area Chamber of Commerce, Young Professionals Network.  On Rotary GroveFest Sunday, June 22, they will host a pancake breakfast at the First Congregational United Church of Christ, 1047 Curtiss Street, from 8:00 a.m. to noon.  Presale tickets are $5.00 each.  This is a fundraising event for scholarships for Downers Grove North and Downers Grove South students.

Wayne Enerson, 4805 Cross Street, spoke in reference to the newly passed fowl ordinance.  The Council was split, but, in a spirit of compromise, Council members agreed to the consent clause.  On the night the ordinance was passed, Council members referenced that the ordinance could be changed and the consent clause could be eliminated at a future time.  Mr. Enerson said he thinks this matter will be brought up again in one or two years to eliminate the consent clause and your neighbor's consent will no longer be needed.  He is opposed to that.

5. Council Member Reports

Commissioner Durkin said he participated in the Midwestern University golf outing.  It was well attended.  He met with the Dean of the Dental School who told him that their students will be at Rotary GroveFest and the downtown car shows.

Commissioner Neustadt said information is on the Village's website regarding the July 4 parade.  Businesses, neighbors and community organizations are all invited to participate.

Commissioner Neustadt then noted that an update from Metra is on the Village's website with respect to the platform work at the Main Street train station.  The schedule has changed, but the work is continuing.

6. Public Hearings

7. Consent Agenda

Mayor Neustadt noted that Item H, RES 00-05615, a resolution authorizing a first amendment to the Housing and Community Development agreement with DuPage County, has been removed from the Consent Agenda for consideration at a later date.

BIL 00-05611 A.  List of Bills Payable:  No. 6124, June 10, 2014

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

MOT 00-05606 B.  Motion:  Award a Contract for $1,259,500.80 to J Congdon Sewer Service, Inc., Carol Stream, IL, for 2014 Water Main Improvements Contract B

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Water Main Improvements

MOT 00-05607 C.  Motion:  Award a Contract for $198,653.25 to Swallow Construction Corp., Downers Grove, IL, for Hill and Grand Headwall Replacement

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Hill and Grand Headwall Replacement

MOT 00-05610 D.  Motion:  Award a Contract for $650,439.70 to J Congdon Sewer Service, Inc., Carol Stream, IL, for 40th and Washington Drainage Improvements

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Drainage Improvements

MOT 00-05605 E.   Motion:  Award a Contract for $53,900 to Strand Associates, Inc., Joliet, IL, for 2014 Storm Sewer  Construction Engineering Services

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Storm Sewers, Engineering Services

MOT 00-05612 F.  Motion:  Accept the 2013 Comprehensive Annual Financial Report (CAFR) dated December 31, 2013

Sponsors: Accounting C ommissioner Neustadt said there was no management letter as part of the CAFR this year.  This is a great success.  He thanked staff for their work.

Commissioner Durkin said the CAFR is a great achievement.  He said awards are becoming expectations, and he noted that this is a job well done. A motion was made to Accept this file on the Consent Agenda. Indexes: Financial Report

RES 00-05613 G.  Resolution:  Authorize a Second Extension to the Professional Services Agreement with Northern Trust

Sponsors: Finance



RESOLUTION 2014-32 A motion was made to Pass this file on the Consent Agenda. Indexes: Financial Advisor and Bond Counsel Services for Phase 3 Bond Issue, Financial Advisor

Passed The Consent Agenda

The Consent Agenda, as amended, was passed. A motion was made by Commissioner Durkin, seconded by Commissioner Olsen, 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

RES 00-05615 E. Resolution: Authorize a Housing and Community Development Joint Recipient Cooperation Agreement with DuPage County

Sponsors: Community Development


RESOLUTION 2014-34 Refer to Village Staff Indexes: DuPage County Community Development Block Grant

8. Active Agenda

9. First Reading

ORD 00-05608 A.  Ordinance:  Classify Certain Fire Investigators as Peace Officers

Sponsors: Fire Department

Summary of Item: This classifies certain fire investigators as peace officers.


ORDINANCE NO. 5393 V illage Manager Dave Fieldman asked Fire Chief Jim Jackson to address this item.

Fire Chief Jim Jackson said he is presenting an ordinance to classify certain fire investigators as peace officers.  This ordinance will update the members of the Fire Department investigation team.  These individuals undergo specific training in fire and arson investigation to be certified by the Office of the State Fire Marshal.   Indexes: Fire Department - Peace Officers

ORD 00-05614 B. Ordinance: Authorize the Transfer of Funds Held by the Village and Unclaimed for More than Four Years as of December 31, 2008 Mr. Fieldman asked Finance Director Judy Buttny to introduce this item.

Judy Buttny, Finance Director, said an ordinance has been prepared to authorize the transfer of $14,326 to the General Fund of funds held by the Village which have been unclaimed for a term of more than four years as of December 31, 2008.  This relates to unclaimed construction bonds. Repeated attempts to contact the bondholders have been made and a list of the construction bonds was published in the Downers Grove Suburban Life newspaper.

Commissioner Durkin asked if this is budgeted, and Ms. Buttny said it is not.

Commissioner Durkin asked as to the amount of unclaimed bonds.

Mr. Fieldman said the Village did not authorize the transfer for many years resulting in large amounts, but now we are caught up.

Commissioner Durkin asked staff to look into publishing the list in the Chicago Tribune in the future. Indexes: Unclaimed Funds

10. Mayor's Report

Mayor Tully apologized to the members of Troop 57 for his delay and not being present for the Pledge of Allegiance.

The Mayor reminded residents that the Relay for Life of Downers Grove and Woodridge begins on Friday, June 27, 2014, at 5:00 p.m. at Downers Grove North High School, 4436 Main Street.  Mayor Tully said he has created a team and anyone can join.  We are in a friendly competition with the Village of Woodridge.

Materials to be Placed on File

11. Manager's Report

12. Attorney's Report

Village Attorney Enza Petrarca said she was presenting two (2) items to the Council: 1)  An ordinance authorizing the transfer of funds held by the Village and unclaimed for more than four years as of December 31, 2008; and 2)  An ordinance classifying certain fire investigators as Peace Officers by the Village of Downers Grove.

Future Active Agenda

13. Council Member New Business

Commissioner Neustadt announced that today is Mayor Tully's birthday.  He asked Troop 57 to come up and join in singing Happy Birthday to the Mayor.

14. Adjournment

Commissioner Neustadt moved to go into Executive Session pursuant to Section 2(c)(5) of the Illinois Open Meetings Act to consider the purchase or lease of real property for the use of the public body; and pursuant to Section 2(c)(6) of the Illinois Open Meetings Act setting a price for sale or lease of property owned by the public body.  Commissioner Durkin seconded the motion.

VOTE:  AYE:  Commissioners Neustadt, Durkin, Hosé, Olsen, Rheintgen, Barnett; Mayor Tully

Mayor Tully declared the Motion carried and the Council convened into Executive Session at 7:24 p.m.