May 10, 2022

1. Call to Order

Mayor Pro Tem Hosé called to order the Village Council meeting at 7:00 p.m. and led those in the room in the Pledge of Allegiance to the Flag. He explained the protocol for the meeting and the guidelines to submit public comment. 

Mayor Pro Tem Hosé stated barring any objection from his peers, he would be moving items 3. Proclamations, 5. Public Comment and 6. Mayor's Report to the latter portion of agenda. There were no objections.

2. Roll Call

Council Attendance (Present):  Commissioner Hosé, Commissioner Walus, Commissioner Sadowski-Fugitt, Commissioner Kulovany, Commissioner Gilmartin, Commissioner Glover

Council Attendance (Not Present): Mayor Barnett

Non-Voting: Village Manager Dave Fieldman, Village Attorney Enza Petrarca, and Village Clerk Rosa Berardi

3. Proclamations

The Proclamation portion of the agenda was moved to the latter part of the meeting.

4. Minutes of Council Meetings

MIN 2022-9432  -  A. Minutes: Village Council Meeting Minutes - May 03, 2022

Summary: Village Council Meeting Minutes - May 03, 2022

MOTION: To adopt the meeting minutes of the May 3, 2022 meeting, as presented.

RESULT: Motion carried unanimously by voice vote.

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé

NAYES: None

5. Public Comment

The Public Comment portion of the agenda was moved to the latter part of the meeting.

6. Mayor's Report

The Mayor's Report portion of the agenda was moved to the latter part of the meeting.

7. Consent Agenda

BIL 2022-9433  -  A. Bills Payable: No. 6662 - May 10, 2022

Summary: No. 6662 - May 10, 2022

RES 2022-9451  -  B. Resolution: Approve an Agreement with Invoice Cloud to Provide Third Party Payment Processing Services RES #2022-43

Summary: This motion approves an agreement with Invoice Cloud to provide third party payment processing services for the Community Development Department's CityView Enterprise Resource Planning (ERP) System.

MOT 2022-9417  -  C. Motion: Approve a Contract with Hampton, Lenzini and Renwick, Inc. (HLR), of Elgin,   Illinois, for Native Landscaping and Natural Areas Maintenance in the Amount of $328,295.00, Including a 10% Contingency

Summary: This motion approves a contract with Hampton, Lenzini and Renwick, Inc. (HLR), of Elgin, Illinois, for native landscaping and natural areas maintenance in the amount of $328,295.00, which includes a 10% contingency.

MOTION: To adopt all items on the Consent Agenda, as presented

RESULT: 6-0 by Roll Call

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

8.  Active Agenda 

ORD 2022-9421  -  A. Ordinance: Vacating a Certain Portion of a Public Right of Way in the Village of Downers Grove (Downers Grove Civic Center) ORD #5922

Summary: This ordinance approves the vacation of a certain portion of a public right-of-way in the Village of Downers Grove (Downers Grove Civic Center).

MOTION: To adopt AN ORDINANCE VACATING A CERTAIN PORTION OF A PUBLIC RIGHT OF WAY IN THE VILLAGE OF DOWNERS GROVE (DOWNERS GROVE CIVIC CENTER), as presented. ORD #5922

RESULT: 6-0 by Roll Call

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

Public Comment 

David Rose, resident, asked how the public comments would be discussed if they were going to go through the agenda on an item by item basis. 

Mayor Pro Tem Hosé responded by stating that comments would be taken on each item as they are being discussed. 

RES 2022-9420  -  B. Resolution: Approving the Final Plat of Subdivision of the Downers Grove Civic Center RES #2022-42

Summary: This resolution approves the Final Plat of Subdivision for the Downers Grove Civic Center.

MOTION: To adopt a Resolution Approving the Final Plat of Subdivision for the Downers Grove Civic Center,  as presented. RES #2022-42

RESULT.6-0 by Roll Call

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

ORD 2022-9422  -  C. Ordinance: Amending the Zoning Ordinance of the Village of Downers Grove, Illinois, to Designate the Property at 700, 801 & 825 Burlington Avenue and 842 Curtiss Street (Downers Grove Civic Center) as Planned Unit Development #66 ORD #5923

Summary: The ordinance amends the Zoning Ordinance of the Village of Downers Grove, Illinois, to designate the property at 700, 801 & 825 Burlington Avenue and 842 Curtiss Street (Downers Grove Civic Center) as Planned Unit Development #66.

MOTION: To adopt an ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DONWERS GROVE, ILLINOIS TO DESINATE THE PROPERTY AT 700, 801 & 825 BURLINGTON AVE AND 842 CURTISS STREET (DOWNERS GROVE CIVIC CENTER) AS PLANNED UNIT DEVELOPMENT #66, as presented.  ORD #5923

RESULT: 6-0 by Roll Call

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

Public Comment

David Rose, resident, stated the discussion about the proposed facility plans impact on the immediate neighborhood was a reminder of other incidents when Council opted to change ordinances to suit developers.  He went on to speak of his disappointment in the process used by a few of the Village Boards and Commissions.  He also spoke of disappointment with the TIF and what happened with Longfellow property.

Mayor Pro Tem Hosé stated in regard to the Facilities project, the Village didn't have any lack of reserves.  He said the Village is AAA rated and has the recommended reserves for a town of their size and budget of their size.   He said previous Councils not passing a new facility project was just the democratic process playing out and is what is happening here.  He also stated they had a unanimous agreement on how to move forward.  He said the idea that they would tax more just because they could was incorrect. Mayor Pro Tem Hosé also added he thought it was good to sell land for economic development instead of keeping it in government hands.

ORD 2022-9423  -  D. Ordinance: Rezoning Certain Property Located at 700, 801 & 825 Burlington Avenue and 842 Curtiss Street (Downers Grove Civic Center) ORD #5924 

Summary: This ordinance rezones certain property located at 700, 801 & 825 Burlington Avenue and 842 Curtiss Street (Downers Grove Civic Center).

MOTION: To adopt AN ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 700, 801 & 825 BURLINGTON AVENUE AND 842 CUTISS STREET (DOWNERS GROVE CIVIC CENTER), as presented.  ORD #5924

RESULT: 6-0 by Roll Call  

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

Public Comment

Marshall Schmitt, 4926 Seely, stated he wanted to talk about the skill of engaging with a community.  He said to engage meant to participate, to become involved in, and not hide behind legal requirements as a crutch to avoid engagement.  Mr. Schmitt spoke of the public comment process, neighborhood meeting process, and about going on social media not resulting in the Council's engagement with the public.  He said engagement meant to have meaningful dialogue with the community with a give and take where you would be forced to defend your opinions, positions, and actions in open.

Mayor Pro Tem Hosé said engaging in meaningful dialogue runs two ways.   He said when the public engages by stating falsehoods and giving insults it doesn't foster meaningful dialogue.

ORD 2022-9424  -  E. Ordinance: Authorizes a Special Use for the Downers Grove Civic Center to Permit Construction of a Freestanding Wireless Telecommunications Tower

Summary: This ordinance authorizes a special use for the Downers Grove Civic Center to permit construction of a freestanding wireless telecommunications tower. ORD #5925

MOTION: To adopt AN ORDINANCE AUTHORIZING A SPECIAL USE FOR THE DOWNERS GROVE CIVIC CENTER TO PERMIT CONSTRUCTION OF A FREESTANDING WIRELESS  TELECOMMUNICATIONS TOWER, as presented.  ORD #5925

RESULT: 6-0 by Roll Call

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

Public Comment

Matt Klepper, 700 Maple, stated he was disappointed with the actions of the Council that he heard at the last meeting.  He said due to the location of the Mayor's home in proximity to the tower, he was benefiting from the movement of the tower.  He urged the Council to do something about that and said the town deserved better leadership.  Mr. Klepper once again asked for more time for discussion and engagement with the residents.  He compared the Council to 1960 Chicago machine politics.

Marshall Schmitt, 4926, Seeley, said there was a clear conflict of interest and voiced his opinion that he felt the Mayor was in hiding since he did not attend the meeting.

Mayor Pro Tem Hosé responded stating the Mayor was absent because he was with one of his children at a celebration taking place at Downers North.

Marshall Schmidt returned to the podium and stated he felt the Mayor should have moved the celebration.  He expressed disappointment in the Council's process on extremely important issues to the Village. 

Sarah DePasquale, 710 Maple Ave, stated the residents have asked for clarity on the issue since the Village's open house.  She thanked Commissioner Gilmartin for responding and giving her some feedback.  She said she saw the proposed landscaping around the tower.  She would like to understand in more detail what it would entail and if the residents would be engaged throughout the process.  She also mentioned a petition online with 320 signatures that were opposed to the movement of the tower. 

Matt McDonald, 710 Maple Ave, stated the lack of communication was very upsetting when they had been asking questions for months and was disappointed in that.

Commissioner Sadowski-Fugitt stated that the documents in the meeting packet explained why the tower needed to be that height and what was needed to maintain fall zone separations.  She said the staff reviewed every location they could put the tower at without comprising DU-COMM services (which is necessary for Emergency Medical Services), stating the tower must be a minimum of 183 feet tall in order for the Du-Comm servers to function.   She said she was unclear what more they were supposed to look at without shutting down DU-COMM.  Commissioner Sadowski-Fugitt stated that Council and staff have found no other options. With regard to real estate values declining due to the location of the tower, she said she spoke some real estate agents and they suggested it should not have a negative effect; there was already a tower with property behind it so should not make that big of a difference in the resale of the homes.  She said the Mayor came forward to be Mayor because he believes in the betterment of the Village, contrary to what is being said.  She spoke of her personal situation living in Downers Grove and said it is very difficult to make decisions for the whole community.  She said after having meetings with staff and experts, outside of the area the tower is proposed to be moved to, she does not see any other option.  Commissioner Sadowski-Fugitt said she hopes the Village Council and residents can come together more as a community and have conversations without assuming the worst of one another.  She said she would be happy to schedule and have one on one conversations with anyone that reaches out to her.

Commissioner Kulovany mirrored Commissioner Sadowski-Fugitt's comments.  He added that he has answered emails, invited people to call by giving his phone number out, but did not receive any response.  He also said he looked at the petition and noticed by omission, there was no statement that it was a relocation of an existing tower and no mention that it was part of the police and fire operations.  The tower has been in its current location since the early 1980's.  Commissioner Kulovany said that was the only place on the property the tower could go and reiterated the Village has a responsibility to their police department, fire, and EMS to have smooth operations.

Commissioner Gilmartin thanked the Village team for addressing many of the recent questions and concerns from the residents in regard to the location.  He also thanked Ms. DePasquale for calling him out specifically because engagement was part of the reason he is on the Council.  He said he had participated with every email sent to him.  He thanked the residents for their feedback and attendance to various meetings.  Commissioner Gilmartin said the Council has been listening and were always available and willing to talk, even if they didn't agree.  He said it was easy to judge the Council on the 3 to 5 minutes they speak on a topic at each meeting, without knowing that there is a lot that goes on behind the scenes.  He said there were two aspects brought up about the tower, which were safety and aesthetic/home value concerns.  Commissioner Gilmartin stated from a safety standpoint, the placement would provide significant safety to the Village and beyond by providing Emergency Response Telecommunications for all residents.  He said it simply made sense to have the tower on site with the Village operations and police department.  He said it was important to remember the private leasers also provide safety services, because with landlines diminishing it was critical to have cell coverage when needing to make an emergency call.  He also said Smart 911 allowed dispatchers to find your location from calling 911 from a mobile phone.  Commissioner Gilmartin said the new police location provided a safe fall zone to residents, would be sturdier, and was rated to withstand the heaviest of storms. He said when he tried to find statistics on fall issues with those type of towers, he didn't find a single case where anyone was harmed by something like that except for people getting hurt while working on one, and that overhead telephone poles and large trees posed a greater risk.  He said they already had 5G transmitters and had not seen any evidence to link that to a health risk.  Commissioner Gilmartin also mentioned that many raised concerns about the view impacting home values.  He stated there was already a tower on the property that was nearly the same height.  He also noted the new tower would have a 7 foot wide base, where the old one had a 24 foot wide base.  He said the relocation of the tower would not prevent homeowners from improving their property.

Commissioner Walus reminded everyone that even though they did not always agree, it did not mean the Council wasn't listening.  She said the Council spent a large amount of time, thought, and consideration when they made their decisions.  She said these are the things that keep her up at night.  She is upset when residents are upset.  She stated she knew the location of the tower is not ideal for the residents, but that that was where the tower needed to be. 

Mayor Pro Tem Hosé stated he concurs with his colleagues.  He said that moving the tower was reasonable and in the best interest of the health, safety, and welfare of the people.  He said the Village provides top level emergency response and is CALEA gold certified and ISO Class One - not many communities can say that.  Emergency response is the very essence of what the Village does and it has to be protected.  He referenced his father passing away from a heart attack in an ambulance on the way to the hospital; in those situations seconds count.  He said the Village has an obligation to make sure they continued to come through for as many residents as possible.  He stated he believed the standards had been met on the tower.  Mayor Pro Tem said rhetoric was counterproductive and the accusations made about the Mayor were incorrect.  He continued by stating that the idea that they would move the tower because it would be farther from Mayor Barnett's house was incorrect.  He said that he and his colleagues have many different opinions, political and otherwise, and though things may get heated from time to time they all work well together.  He explained he and his colleagues had to make campaign finance disclosures and it is all public.  He said neither he nor his colleagues have ever taken money from developers.  He said anyone that states otherwise is incorrect.   

ORD 2022-9425  -  F. Ordinance: Approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Washington and Curtiss Street Redevelopment Project Area ORD #5926

Summary: This ordinance of the Village of Downers Grove, DuPage County, Illinois, approves a Tax Increment Redevelopment Plan and Redevelopment Project for the Washington and Curtiss Street redevelopment project area.

MOTION: To adopt AN ORDINANCE APPROVING A TAX INCREMENT REDELEVOPMENT PLAN AND REDEVELOPMENT PROJECT FOR THE WASHINGTON AND CURTISS STREET REDEVELOPMENT PROJECT AREA, as presented.  ORD #5926

RESULT: 6-0 by Roll Call

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

Public Comment

Matt Klepper returned to the podium and stated the Council had not addressed the issue of the Mayor publicly advocating for something that benefitted him.  He mentioned that he had seen Commissioner Gilmartin communicate with his neighborhood.  He asked the Council to come see his view of the tower then and then come back when the new tower was in place to see the difference.  He said he suggested at the Coffee with the Council the matter could be worked out through a legislative process and after there may be a judicial process.  He disagreed with the Council retreating because of that comment.  Mr. Klepper said they never got direction or engagement on the matter.  He said he believes the police station and Village Hall could have been placed in different locations.  He also said the tower probably would not fall, but he was able to find videos of cellphone towers falling.  He asked if the Council was so confident it would not fall, why not put it on top of the police station.  He expressed he was disappointed that the Mayor was absent from the meeting. 

Sarah DePasquale returned to podium and stated the residents had asked for direct contact with the Plan Commission after the open house.  She said they were told that would be granted, but then it wasn't.  She received a couple of email responses but no face to face meetings. Ms. DePasquale stated she did recently receive some details the residents had been asking for.  She concluded by stating she hoped the next issue that came up would go smoother and that the Council would engage with the public better. 

Marshall Schmitt returned to podium and said what they were hearing was in line with what was said at other Village Council meetings with regard to anger, accusations, and deep felt distress over the decisions they had to make.  He said the Council could argue they were troubled by it, but their actions spoke louder than their denials. He spoke of his experience responding to residents while on the School Board.  He said with engagement comes responsibility for ones actions.  He said the rhetoric escalated out of frustration from inaction and lack of engagement and asking the question why.  He expressed his disappointment in the manner in which the Council engaged with concerned residents. 

Mayor Pro Tem Hosé said there was no level of engagement on the location of where the tower would be located that would change the determination of the Council or that would have changed the determination on the Longfellow property.  He apologized that the engagement was not what the residents were looking for, but that the process was run like normal.  He said they had public hearings at Plan Commission, a public hearing at the Village Council meeting and there were Coffee with the Council events.  He told Mr. Klepper it didn't matter what ones occupation was nor where they worked.  He said the process had not changed but the threats of ligation right from the start and references to the Soviet Politburo Bureau and 60s Chicago are what have changed.  He said conversations are a two way street and they must be civil.  He concluded by citing the Village's moto "tough on issues, easy on people".

Commissioner Sadowski-Fugitt stated some of the way Council responded was due to threat of litigation.  She said  she said she did not want to be the reason taxpayers had to pay for a giant lawsuit.   She said there was a difference in community engagement when there was a threat of a lawsuit.  She explained that the Council is trying to explain the process that occurred.  She concluded by stating she agreed with Commissioner Hosé in that all the Commissioners are seeking to do better and hope that the community tries as well.

Commissioner Kulovany stated the Council had a process and that items are discussed when they are on the first reading portion of the agenda.  He said the Plan Commission was only allowed to take input during the public hearing.  He also reminded all that when the Plan Commission Chair closes the public hearing, the public's time to talk is over and that would be the time for the Plan Commission to deliberate.  He said when people engage with the Council with threats of lawsuits it stifles communication.  He continued by stating he works very hard when communicating with residents to make sure is accurate. He explained when items are under the Active Agenda there have already been full discussions during the Council meetings and many times additional open discussions at the end of the meetings in the Committee Room.  He suggested people that don't like the process should attend a Governance meeting with ideas with how the meeting process should operate. Commissioner Kulovany concluded by stating that he received an email from the Mayor in which the Mayor stated he would be occupied with an event at Downers Grove North and asked the Commissioner to let a member of the public George Cepynsky of Precision Circuits know.  Commissioner Kulovany said that the Mayor was unable to change the evening's event because it was run by the high school.  The Commissioner stated that he is going to vote in favor of this item.

Commissioner Gilmartin stated he disagreed with the comments made about Mayor Barnett and said the comments were insulting to the Mayor.  He said the idea that the Council only had discussions about agenda items while sitting at the dais was incorrect.  He said he had the same misunderstanding before he was on the Council.  He said he thought the Council does a good job at getting to the root of anger that is displayed.  He continued by stating that the Council consists of elected representatives that are the conduit with the Village; even when the answers are not the ones people want to hear. . He said he feels as if he and his peers work hard at finding the answers. It is all part of the job.  He expressed his concern with residents bringing bricks to Village Council meetings and making false accusations.  He concluded by stating that does nothing to promote engagement.

Commissioner Walus stated she did not believe that anything done during this process was to benefit the Mayor.  She said it was incredibly unfair, and people in the community that knew them, would know that wasn't true.  She said something like that would never fly on the Council or staff.  She concluded by stating it was unfortunate that the Mayor had been displayed in such a manner while prioritizing his family.

Mayor Pro Tem Hosé said when it came to the structure of the facilities project, it was structured that way because it made the most sense for the people in the Village.  He said the new facility was being built at the proposed location so that the currently Village Hall and police station could be used right up until moving into the new building. He said there had been seven or eight different projects proposed and but that this one was finally going to pass.  The Commissioner stated that this project was being approved because it was the one that made the most sense.  He said he thought the TIF was the right thing for the Village and would maximize revenue and allow them to pay for the facility without a property tax increase.

ORD 2022-9445  -  G. Ordinance: Designating the Washington and Curtiss Street Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act  ORD #5927

Summary: This ordinance designates the Washington and Curtiss Street redevelopment project area pursuant to the Tax Increment Allocation Redevelopment Act.

MOTION: To adopt AN ORDINANCE DESIGNATING THE WASHINGTON AND CURTISS STREET REDEVLOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVLEOPMENT ACT, as presented. ORD #5927

RESULT: 6-0 by Roll Call

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

Public Comment

Matt Klepper returned to podium to state he had never given information about the law firm he worked for to the Council but he did mention he was a lawyer that understood the legislative process.  He said he had come to the Council in a friendly fashion to talk about the legislative process and every decision Council makes has the threat of a lawsuit.  He stated he came with good intentions and assumed the best. Mr. Klepper said the Mayor did not respond when he asked him to recuse himself at the last meeting. He continued by stating he had hoped they could work something out and not get to the judicial level.  He said he had seen no willingness to engage with the residents on any of those points.

Marshall Schmitt returned to podium and stated he felt the Council blamed the victim and played the victim.  He said when there was a discussion before the Plan Commission, they voted unanimously against the Zoning Ordinance.  He said people need to have confidence in their government, with no appearance of impropriety.  He said if there was a conflict of interest, that person should have recused himself.  He also mentioned his disappointment in the Mayor advocating for the project and not being in attendance for the votes. Mr. Schmitt also mentioned the Village always has a risk of being sued.  He said there was nothing in the Open Meetings Act that prohibited a body like this from engaging in a conversation of give and take and only prevented two Commissioners from meeting in secret.  He said when he was on the school board and there was anger in the community they would hold a public hearing where people could ask questions.  Mr. Schmitt said the Village's process was broken and needed to be fixed.

Jim Kelly, resident, approached the podium to speak about something off topic and Mayor Pro Tem Hose asked him to return to the podium during the Public Comment portion of the meeting.

ORD 2022-9446  -  H. Ordinance: Adopting Tax Increment Allocation Financing for the Washington and Curtiss Street Redevelopment Project Area ORD #5928

Summary: This ordinance adopts tax increment allocation financing for the Washington and Curtiss Street redevelopment project area.

MOTION: To adopt AN ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING FOR THE WASHINGTON AND CURTISS STREET REDEVELOPMENT PROJECT AREA, as presented.

ORD #5928

RESULT: 6-0 by Roll Call

MOTIONED TO APPROVE: Commissioner Walus

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Walus, Sadowski-Fugitt, Kulovany, Gilmartin, Glover, Mayor Pro Tem Hosé,

NAYES none

Public Comment

David Rose returned to the podium and expressed hi