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May 08, 2001 - Workshop

Mayor Krajewski called the Workshop meeting of the Village Council of the Village of Downers Grove to order at 6:30 p.m. in the Council Chambers of the Village Hall.

Present:Mayor Brian Krajewski; Commissioners Marilyn Schnell, Thomas Sisul, Michael Gilbert, Sue McConnell (arrived 8:00 p.m.), Martin Tully, Mark Zabloudil, Acting Village Manager Riccardo Ginex; Village Attorney Daniel Blondin; Village Clerk April Holden

Absent:Village Manager Michael McCurdy

Visitors: Press: Susie Gura, Downers Grove Reporter; Jennifer Mesenbrink, Tribune; Carol Kania, Sun Publications Residents & Others Attending: Eric A. Munzenmay, 4904 Lee Ave.; Tim McJoynt, Attorney, 1131 Warren; Dennis Mannina; Keith Fujihara, Sear-Brown, Chicago; Shanon Tully; Michael Lulay, Attorney for Lux Motors, Wheaton; Sue Zabloudil; David Simard, Everest Group/Sprint PCS , Willowbrook; Liz Chalberg, EDC /Chamber/resident, 728 Randall; Joseph F. Pappalardo, Zoning Commission, 6261 Fairmount; Jane Amorosi, 5742 Dearborn Pkwy; Ken & Sue Keller, 5131 Lee; Judy Sideys, 5223 Lee; Bill Muth, 5405 Lee; Michele Dodd, 1030 N. State, Chicago; Bob Sullivan, Zoning Commission, 1090 39th St.; Pat Wenthe, Mulberry St., 1316 Grant St.; Linda Kunze, Downtown Management Board, 1015 Curtiss; Laurel Bowen, 829 Clyde; Don Anselmo, 4130 Fairview; William Vollrath, 6818 Osage; John LeDonne, 1221 Parkway; Ken Lerner, 4933 Whiffin Pl; Joe Garaflo, 3950 Downers Dr.; Dave Reynolds, 4919 Bryan Pl.; Jim McBride, 1217 Gilbert; Jim Mueller, Mueller RE, 8521 Thistlewood Ct., Darien; Gery Pachidin, IBT , 4801 W. Peterson; Jeff Mueller, MRESI , 8521 Thistlewood, Darien; Dick Cojan, 1318 Turvey; Sean McMahon, Allen Morris, Teng Development, 205 N. Michigan Chicago; Ross Johnson, 1311 Gilbert; Marilyn Weiher, 4808 Wallbank; Jim Russ, Downtown Management, 4915 Main; Larry Musielak, Zoning Commission, 6610 Barrett; Jan Kopis, EDC , 1240 Chicago; John Haine, 1110 Grove; Dick, Rich and Carrie Gammonley, Gammonley Group, 322 W. Burlington, LaGrange; Marc Cella, MDC Properties, 907 N. Elm, Hinsdale Staff: Jack Bajor, Director, Public Works; Amanda Browne, Planner; Marty Lyons, Director Financial Services; Dave Conley, Director of Engrg., Public Works; Denise Willamsen, Community Events; Ken Rathje, Director, Planning Services; Steve Rockwell, Director, Economic Development; Mike Baker, Assistant to the Village Manager; Brian Pabst, Director of Redevelopment; Dan Grecco, Traffic, Public Works; Bob Schiller, Traffic Manager, Public Works

Mayor Krajewski explained that Council Workshop meetings are held the second and fourth Tuesdays at 6:30 p.m. The meetings are video taped live and for later cable cast over cable channel 6.

The Workshop meeting is intended to provide Council and the public with an appropriate forum for informal discussion of any items intended for future Council consideration or just for general information. No formal action is taken at Workshop meetings.

The public is invited to attend and encouraged to comment or ask questions in an informal manner on any of the items being discussed or on any other subject. The agenda is created to provide a guideline for discussion.

MANAGER

Bids:

2001 Resurfacing. Acting Village Manager Ginex said six bids were received. The lowest is from James D. Fiala Paving Company, Bolingbrook, for $1,749,903.79. The bid is approximately $89,000 over the engineer’s estimate. Staff anticipates reducing quantities on this project by deferring 31st Street and Burlington Avenue resurfacing. This will bring the project within budgetary constraints. Funding sources are from Motor Fuel Tax and Capital Improvement Fund. The Manager recommended awarding a contract to James D. Fiala in the amount of $1,594,388.36 plus a 5% contingency of $79,719.00 and placing the contract on next week’s Consent Agenda.

2001 Slurry Seal & Micro-Surface. The Manager said this is another annual roadway maintenance project. Three bids were received for this project. The lowest bid was from AC Pavement Striping Company for $153,222.16. The bid is $7,599.92 under the engineer’s estimate. Funding is from Motor Fuel Tax and the Capital Improvement Fund. AC Pavement Striping Company has been awarded the Slurry Seal & Micro-Surface contracts for the Village every year since 1993. He recommended awarding a contract to AC Pavement Striping Company in the amount of $153,222.16 plus a 5% contingency of $7,661.00 on next week’s Consent Agenda.

Commissioner Schnell asked staff to comment on information to be provided to the public about this product.

Dave Conley , Director of Engineering, said residents of affected areas will be sent notification of the schedule. Information will be provided through the newspaper. He said the material is not a resurfacing material. It is a preventive maintenance material. It is put on to lengthen the life of the roads, not to take the place of resurfacing. It is a very reasonable product. Over six miles of roads can be treated for $150,000. It extends the life of the road about 40%. It is not a hard surface asphalt and will not be as durable. It is a good product for the money.

The Mayor said other agencies in Downers Grove, such as the Township and County, also do slurry sealing on roads in Downers Grove.

Eric Munzenmay , 4904 Lee Avenue, asked if this product differs from previous slurry seals.

Mr. Conley said it is a mixture of stone chip into the asphalt product with an emulsifying agent. Previous products were chip and stone seal coats. The Village stopped using those in the 1980’s. They were put on non-curb and gutter streets. Mr. Conley said the cure time is the time it takes for the water to evaporate out of the emulsifier. It varies in time from one to six hours. As soon as it cures, vehicles can be driven on it.

Public Works Material:

Crushed Limestone. The Manager said this is a contract extension. The contract is Boughton Trucking & Materials.

Ready Mix Concrete. The Manager said this is also a contract extension. The supplier is Harry W. Kuhn.

The contractors have agreed to hold the 2001/02 unit prices with a 2% increase as provided in the original contract terms. Staff is asking that Council approve the extensions.

Public Works Supplies & Services. The Manager said this is another contract extension for Public Works standard supplies and service. Western Gradell Corporation will supply the road side ditching. Kieft Brothers, Inc. will supply the pre-cast concrete. Neenah Foundry will supply the construction castings, frames and grates. These suppliers have agreed to hold the 2001/02 unit bid prices within a 2% increase as provided in the original contract terms. He asked that this be placed on next week’s Consent Agenda.

Commissioner Zabloudil asked if there are specific sites identified where this work will be done.

Jack Bajor , Public Works Director, said these are for budgeted projects. He said it will be used on an as needed basis as well as identified areas.

Vehicles. The Manager said this is for authorization to purchase vehicles for the Police and Public Works Departments. Regarding the Police Department, the Chief and two Deputies will be receiving vehicles in lieu of a vehicle allowance. Terry’s Ford will hold unit pricing at $14,972 for which they were awarded the Suburban Purchasing Cooperative contract. All three vehicles will be Ford Tauruses and will provide the additional benefit of being flexible fueled vehicles, capable of fueling with up to 85% ethanol.

The Public Works Director is being provided a vehicle in lieu of a vehicle allowance. He has already taken possession of a previously ordered Taurus. This will provide for the purchase of a natural gas vehicle to use in the Public Works Water Division. The Honda Civic is the smallest natural gas vehicle available. It is to be provided by Honda of Lisle at a purchase price of $20,238.00.

The third purchase is for three squad cars for the Police Department. Two vehicles were deferred from last year’s budget due to the timing of hiring new officers. In addition, a squad car was damaged in a recent accident to the extent of total loss. This vehicle needs to be replaced. The Village received $15,500 in insurance reimbursement. Landmark Ford was awarded the State Purchasing Bid for the Police Crown Victoria. They have agreed to hold their prices.

The Manager recommended Council approve the purchase of three Ford Tauruses for a total purchase price of $44,916 to Terry’s Ford, Peotone, one Honda Civic CNG vehicle at a purchase price of $20,238 to Honda of Lisle and three Ford Crown Victoria squad cars at a total purchase price of $63,499 to Landmark Ford, Springfield. He asked that these be placed on next week’s Consent Agenda.

Commissioner Tully asked from which year’s budget these vehicles would come.

The Manager said they would come out of the 2001/02 budget. The squad cars were deferred from last year and were carried over.

The Mayor said the report indicates Madden Ford did not respond to the request for quotes. He asked about the nature of the request.

The Manager said Ron Kring, Fleet Maintenance Supervisor, contacted Madden Ford to ask for bids and did not receive any. He said he did not know the nature of any follow-up.

Police Department Carpeting. The Manager said the project to move the Village Operations Center to the Police Department is progressing very well. This project provides for a completely new work area on the eastern half of the first floor. The western half of the building includes 25-year old carpeting and some inadequate office space. Staff recommends that this part of the building be upgraded. This would not result in any further construction to the building, but would provide enhancements geared toward aesthetics, privacy, and realignment of work areas. The first such enhancement is for the installation of new carpeting on the west side of the Police Depatment. Staff recommends approving a purchase agreement with DeSitter Carpet and Rug, Inc., of LaGrange at a cost of $10,440 to install carpet in the Police Department ballroom area and the Roll Call Room.

Commissioner Sisul asked which budget year for these funds. Manager Ginex stated the funds are from the 2001-02 budget. Commissioner Sisul said he is pleased to see this is moving ahead.

Generator Rentals for Heritage Festival. The Manager said RFPs were sent out and staff recommends awarding a contract to Gen Power, Inc., in the amount of $10,505.75.

Commissioner Tully asked if it is necessary to have a back-up generator. Commissioner Gilbert said it has never come up before, and doesn’t think it has been an issue.

2. Change Order

Second Street Storm Sewer & Intergovernmental Agreement with Sanitary District. The Manager asked Dave Conley to report on this. Mr. Conley stated that this is the first of two change orders. The Second Street Change Order also involves an Intergovernmental Agreement with the Sanitary District. The amount is $109,026.10 for sanitary manhole construction in conjunction with the Second Street stormsewer construction. He indicated this is the exact same format as used for the past four years in the Central Business District (CBD). The Change Order will ultimately be at a zero cost as the Sanitary District is picking up the costs.

CBD Redevelopment Phase IV Project 15-00. Mr. Conley said this came about from a request to extend the infrastructure improvements on Franklin from Main to Forest. It includes the removal of the existing sidewalk, installation of new sidewalk and decorative lighting, as well as corner treatment of the sidewalk. He said they are very close to this area. Mr. Conley said the street lights would be roughly 80’ spacing. All of the improvements will be made on the south side of Franklin.

3. Lease Renewal – EDC /Visitors Bureau. The Manager said staff is recommending approving a one-year lease agreement beginning on June 1, 2001 and ending May 31, 2002. There will be a 10% discount if the Village pays the entire year’s rent at lease signing for a total cost of $23,652.00. They request that the entire lease be paid at once to take advantage of the 10% discount.

Commissioner Zabloudil asked the Finance Director if this discount makes sense in terms of the potential interest.

Marty Lyons , Financial Services Director, responded that the discount more than makes up for the loss of interest income.

4. ZBA Recommendations:

File MC-5-01 Petition seeking rezoning from R-2 to B-3 for property located on the west side of Fairview Avenue, approximately 180’ north of Ogden Avenue. The Manager asked Mr. Rathje to make the presentations.

File C-3-01 Special Use of a drive-up window for a proposed pharmacy to be located in a new building at the northwest corner of Ogden and Fairview Avenue.

Ken Rathje , Director, Planning Services, said that the first two petitions, MC-5-01 and C-6-01 pertain to the same property located at the northwest corner of Ogden and Fairview Avenues. The property is currently occupied by a vacant gas station. The petitioners wish to redevelop the site with the CVS Pharmacy, and are seeking rezoning from R-2 to B-3 for a portion of the property, and are seeking a special use for the drive-up portion of the pharmacy. Mr. Rathje showed the site plan for the property. He said the Zoning Board of Appeals heard these petitions and made a unanimous positive recommendation for the rezoning and the special use.

Mr. Rathje reviewed the site plan stating the petitions are consistent with all parking and setback requirements. There will be a reduction of two driveways from the existing vacant gas station site. He discussed the setback requirements and plan. The petitioner’s request for the rezoning for the present residential parcels is to accommodate a drive-up window for the pharmacy. The remainder of the rezoned parcels would be wetland area and would serve as a buffer area between the business and residential zoned properties. Mr. Rathje said that staff has made recommendation on the traffic design, including delivery access to be off Fairview with an exit westbound off Ogden Avenue. Secondly, the Ogden Avenue driveway is to be limited to no left turn egress. Thirdly, the petitioner is being asked to provide an easement for the installation of sidewalks.

Mr. Rathje described the wetland area of the property, noting there would be a small encroachment into the wetland for the drive-thru. The petitioner commissioned numerous studies which were reviewed by the Village’s consultant, and the petitioners will clean up the remaining wetland area and maintain that area following requirements for regulatory wetlands. Mr. Rathje said the petitioners are able to provide all stormwater detention in vaults below grade. He noted that Mr. McJoynt was present representing the petitioner.

Tim McJoynt , Attorney for the petitioner, said he had several representatives present from CVS to answer any questions from the Council. He noted that the rezoning of the wetland property has a positive aspect in that the wetlands will serve as a buffer to the residential area. He stated that there also are no variations being requested. He commented on the good experience they have had working with staff to bring this project to the Village.

Regarding the building construction, Mr. McJoynt responded to Commissioner Zabloudil stating that it would be exterior face brick all around the building. Commissioner Zabloudil asked about signage and whether there was stand alone signage. Mr. McJoynt said they had a rendering of the signage for the store available for the Council’s review and displayed that rendering. Mr. Dennis Mannina of CVS said in addition to building signage there is a proposed pylon sign in the landscaped curbed area. As to height, he said they would review with the Village what is permissible and meet those requirements. Generally pylon signs are typically lower than four feet. The others signs are at the drive-thru window. There will also be directional signage in the landscape island to the drive-up window.

Commissioner Zabloudil said he was more concerned about the stand alone signage. He then asked about the loading dock and time of day that deliveries would be made.

Dennis Mannina said that they expect one large 50’ delivery truck once a week in the early morning hours prior to the store opening. Commissioner Zabloudil said he thought there would be difficulty for the truck to make it around Ogden Avenue. Mr. Mannina said that is a point well taken and may not be properly depicted on the plan; however, it will be designed to meet that issue.

Commissioner Gilbert asked about any EPA issues that existed on the property.

Keith Fujihara , Chief Engineer for the project, stated that Amoco removed the gasoline tanks. Borings were done and reports sent to the Village. Cleaning of the site is a condition of the contract for the property. Mr. Rathje stated that the contract with Amoco commits Amoco to do complete clean-up work of any contamination found on the site. He has the report available.

Commissioner Sisul commented on the work done on the lot to the north as it will be an asset to the Village and community surrounding it.

Commissioner Schnell noted that there were no residents objecting to this and asked if there were any neighborhood meetings. Mr. McJoynt said they contacted the neighbors to the north. They received a favorable response. The neighbors felt anything was better than its present condition. The petitioner will provide clean up and fence the area as an additional buffer.

Commissioner Schnell asked whether this was consistent with the Lakota Plan. Mr. McJoynt said they looked at the Lakota Plan and are in compliance with that Plan.

Commissioner Schnell then asked about the traffic engineering report and the approval from the State for the exit. Mr. Rathje responded that they have a letter from the State, and the State was more then generous in giving permission for the exit.

Commissioner Schnell asked about the signage and whether there would be any sight distance problem. Mr. Rathje said that 20’ is the maximum sign height allowed. He thought there was interest in a taller sign, which would not cause a distance problem. Commissioner Schnell asked that they review the placement to ensure there is no vision obstruction. She then asked about the greenspace areas.

Mr. Rathje said they were depicted on the overhead projection. The petition is providing a total of 16,800 square feet of greenspace. He said that 7,131 square feet is on the front yard. There is more than 10% of greenspace for the overall site.

Commissioner Zabloudil said he would like to see the petitioners submit their sign request before final approval, as he would like to see them get away from the large signs.

The Mayor said the sign is 120’ off the street. He said he would also like to see a smaller sign. Mr. McJoynt said that the sign work has not been completed and they can work on that right away.

Commissioner Tully asked about the stacking at the drive thru. He said in both the traffic engineer’s report and in the ZBA discussion this issue came up. He asked whether in their studies, the petitioner gathered any information from the Walgreen’s drive-thru at Main and Ogden. Mr. McJoynt said he is unaware of a study with Walgreens. CVS conducted their studies based on 1-2 car stacking, with a veered drive thru to accommodate 3 cars. He stressed that customers may not order at the drive-thru but would be picking up prescriptions that have already been completed.

Commissioner Tully asked what has been the observed stacking at Walgreens.

Michele Dodd of CVS said they would expect 4-5 cars as a maximum number of cars going through the drive-thru within an hour. Commissioner Tully then asked whether a car heading south on Fairview can turn into the lot, go south and exit onto Ogden Avenue. He was concerned that it would be an inviting corner cut on Ogden Avenue during rush hour. The Mayor noted that Mr. Rathje said that there has been a reduction of four curb cuts on Ogden Avenue in the last few months as well which would help with the safety issue.

Commissioner Sisul said he has heard several questions concerning the signage, and said it has been a long time since they have reviewed the Sign Ordinance. He suggested reviewing it again and sending it to the Boards and Commissions to determine what signage would be appropriate to Ogden Avenue. Commissioner Zabloudil said he thought that to be a good idea. Mr. Rathje said it was last done in 1976. It was then sent to the Plan Commission for review and then on to the Village Council. He said he thought the EDC was going to take an initial look at it and set some broad philosophical approach of signage and send their recommendation to the Zoning Commission. He recommended taking field trips, assessing the current situation, comparing with other communities and determining what would be the best for Downers Grove. He said that the Zoning Commission is the legislative group and would like to have guidelines or philosophies from Council. Commissioner Zabloudil said he thought it would be appropriate to have the EDC review it and forward it to the proper legislative committees for final approval. Mr. Rathje said it is extremely important to keep a balance between enabling the public to finding businesses and maintaining an aesthetic streetscape. Commissioner Sisul said 1976 was a long time ago and a conservative approach was taken. Things have changed and, while they do not want to lose sight of the purpose of signage, it is appropriate to review it. The Mayor directed the Village Manager to pass this on to the EDC and then have them make their recommendation to the Zoning Commission.

Mr. McJoynt said that the petitioner is most cooperative with regards to the signage and has adjusted to the requirements very well. He noted there is an urgency regarding the Village’s final acceptance and they would like to request that the Council place this on their agenda for next week.

Eric Munzenmay , 4904 Lee, made a note of caution, stating there are two Walgreens, one on Belmont and one on Ogden. He said that regarding the signage he is concerned because of tight egress. With the landscaping they may not be able to see the traffic. He asked the Council’s thoughts about greenery blocking traffic. A representative from CVS said that the trees would be kept trimmed.

Liz Chalberg of the EDC said that in the past in working with other businesses on Ogden Avenue, they have been very restrictive and demanding on the landscaping. She said she would like to see that continue. She would like to see the Village act responsibly and be demanding on the landscaping as Ogden Avenue is one of the corridors into the Village.

Collette Wrona , 1033 Grove, asked how long this would take to construct. There is another area that has been under construction for a very long time. Mr. Mannina said it is a sixteen week program, including the demolition, zoning, construction, etc.

Ms. Wrona said being a pedestrian, this was a horrible winter and the snow at Main and Ogden was atrocious. She asked what facilities will be included for snow removal such as sidewalks, etc. Mr. Mannina said they will have to contract out if necessary.

The Mayor said this would be placed on next week’s Active Agenda.

MC-6-01 A petition seeking annexation and rezoning for vacant property located at the southwest corner of Ogden Avenue and Drendel Road commonly known as 2601 Ogden Avenue. Mr. Rathje said this concerns a pre-annexation rezoning petition for an assemblage of five lots located at the southwest corner of Ogden Avenue and Drendel. It is currently zoned County B-1 and is proposed for rezoning to B-3. He indicated that the Village’s Future Land Use Plan shows this as a commercial land use designation. The Zoning Board of Appeals voted unanimously to recommend approval of this request for rezoning.

5. Ogden Avenue Setback Requirements. Mr. Rathje said that staff was directed to review setbacks for side street frontages of corner businesses fronting along Ogden Avenue, and to make a recommendation to the Zoning Commission. He noted that Ogden Avenue has an irregular right-of-way ranging from 66’ to 100’. The existing Ordinance requires setbacks of 25’ for the side street frontages of corner lots. Staff’s recommendation to the Zoning Commission was to reduce the side street frontage setback to 8’ from the property line for parking and/or vehicle display. The building setback would remain at 25’. The Zoning Commissioner forwarded a negative recommendation.

Mr. Rathje said that much of Ogden Avenue was built under the County. He showed various setback examples such as Burger King and a hair salon which have no setback, and the Steak N Shake with an 8’ setback, adjacent to a fully improved intersection with curbs and sidewalks. He also noted the location of the DuPage Credit Union at the corner of Ogden Avenue and Prospect as an example of a constrained site with 25% of the usable width of the property as a setback. Mr. Rathje said that Ms. Brown surveyed Ogden Avenue and found that there are 102 corners that would be affected by this proposed modification. Mr. Rathje then reviewed the setback requirements of other communities along Ogden Avenue showing a variation of 5’-20’ on side streets with varying measurements from the center line of Ogden Avenue frontages. He stated that this was a worthwhile matter for consideration by the Council. He added that no vision clearance problem was foreseen with the proposed change in setback.

Steve Rockwell , Director of the Economic Development Commission, stated that the Council referred this issue to the EDC on April 11. The EDC discussed it at length and unanimously passed a resolution in support of the proposal recommending the 8’ side street frontage setback. Mr. Rockwell said that Ogden Avenue generates approximately 1/3 of the sales tax in Downers Grove, and this modification would be beneficial for the businesses. He said that Aaron Gruen of Gruen & Gruen Associates was present. They recently completed the economic development strategy for Ogden Avenue, and Chapter 8 of their report discusses setbacks for Ogden Avenue.

Aaron Gruen , Gruen + Gruen, said his firm studied how market condition construction costs are affected by the Village’s zoning regulations. The existing setback requirement reduces the flexibility to provide parking or additional building space to generate more rental area. He said their recommendation was to reduce the setback requirements to provide additional marketability of the site.

Commissioner Tully said it is important for the Zoning Commission to know what the Master Plan is for Ogden Avenue and how this modification would fit with that Plan. He also said he would seriously consider excepting the major arterial streets from the 8’ setback. Mr. Rathje said that many of the plans of the Lakota Plan were “broad brush”. He noted that they have observed first hand, as Mr. Gruen noted, that too much green space is a disincentive. He said that the setback issue is a frustrating one with implications for many other issues.

Commissioner Schnell said she can understand the Zoning Commission’s comments regarding limiting green space. She asked if there was any thought about having the owners asking for special exemptions and compensating for the loss of greenspace.

Mr. Rathje responded that there was no intention to reduce the 10% greenspace requirement. The obligation of 50% of the greenspace within the front yard setback is still intact. He said that if there was complete redevelopment of a site, there would continue to be an obligation to provide 10% of greenspace and have half of that in the front yard. The only way a developer could obtain relief of that requirement would be to appeal it with the Zoning Board of Appeals by obtaining a setback variation. However, the petitioner would have to show unique circumstances and hardship in order to obtain that variation. The size, shape and topography of the site would be taken into consideration. Negotiating greenspace is not a consideration for a variation. Regarding exempting arterial streets, it is an option but there would have to be a reason to do that. Oftentimes arterial streets have wider pavement, turning lanes, traffic lights, etc., which would have to be considered.

Commissioner Schnell said she would like to see photographs of the arterial streets and residential streets to see what effect there would be on the residential area. Mr. Rathje said they can provide air photos and a matrix.

The Mayor said that the 1991 Ordinance was approved to increase greenspace. However the area is not growing as fast as the rest of the community. Commissioner Schnell said the intent is a worthy one but you don’t always accomplish the goal in spite of the intent. The Mayor said that staff did a good job working with CVS on that site.

Commissioner Sisul said there appear to be a couple of issues to consider, one of which is to avoid any conflicts between the staff and Zoning Commission. The Zoning Commission is clearly asking for better direction and a better opportunity to examine the situation on Ogden Avenue. The Zoning Commission’s concern is the proliferation of used car dealerships that park cars along the curbs and streets. He said staff and the Zoning Commission may want to look at the use of the property, and address used car dealerships as different types of businesses to restrict a portion of the land use. In that regard, he said that existing structures are being used for a different purpose than for what they were originally intended. There is no incentive to the property owner to improve the property.

Mr. Rathje suggested that the approach may be to make dealerships a special use which would obligate the operator to provide a site plan, display area, employee area, etc. They would have to comply with the regulations in order to keep their special use. He said that the Zoning Commission would need to review that part of the Ordinance.

Mr. Rockwell said that the EDC does not want to see the open space requirement eliminated. There are issues that need to be addressed. He said that for the most part, Ogden Avenue is all for sale, and loosening up the setback requirements while still maintaining open space and signage regulations will bring in the developers. The rate of return is not there now to encourage redevelopment.

The Mayor said that the Planning staff, Redevelopment staff and EDC are working well with each other but the Boards are not communicating well. He suggested they may need ad hoc members to serve on other boards to increase the communication.

Commissioner Zabloudil said that the Boards are looking for more communication.

Commissioner Tully said he was in favor of more formal communication between the Boards. He asked whether Lisle and Westmont have exempted the arterials. Mr. Rathje said they have not. Only Naperville has a different standard. In Hinsdale, they have only exempted York Road.

Commissioner McConnell apologized for being late. She said she agrees with having liaisons serving on the Boards. She then said that a number of questions were raised at the end of the Zoning Commission meeting and asked whether those questions were addressed. She also asked what the Commission’s real concerns were as she had difficulty understanding them.

Commissioner Schnell said the Zoning Commission is legislative and has members from the Zoning Board of Appeals and Plan Commission on it. She said having a member of the EDC on the Commission is advisable and not just as an ad hoc member. The Mayor then recommended that the attorney review that.

Commissioner Gilbert said this is an issue between the EDC and the Zoning Commission, and they need to get together. He encouraged them to move forward. He said that this proposal is in keeping with the Ogden Avenue Lakota Plan, in that the Plan stated that there has to be a better and more efficient use of the available space.

Larry Musielak , Chairman of the Zoning Commission, said his Commission is very responsible and intelligent and he is proud of them. They went into the meeting openly, and he said they are also concerned about the viability of Ogden Avenue. As their meeting progressed they wondered why they are addressing something that was changed ten years ago, when they are still living with issues grandfathered in more than 30 years ago. Members of the Commission also raised issues of line of sight approaching Ogden Avenue. He believes they gave a very thorough discussion to the petition. Mr. Musielak said that he believes some of the Commission members entered the meeting in favor of the 8’ setback, but as the discussion continued, they were concerned about the plans for Ogden Avenue. He asked what the plans for Ogden Avenue were. If the Commission knew that perhaps they could respond better to the Village’s needs.

Bob Sullivan , 1090 39th Street, said he is a member of the Zoning Commission as well. He attended the March meeting and believes they acted as responsibly as they thought they could. He believes they thought more information and an inventory would have been useful. He said that the members expected a call for a meeting in April, but the proposal were brought to the Council instead. Mr. Sullivan said that the point of the Zoning Commission’s discussion centered on Ogden Avenue. He said the gateway to communities is off of Ogden Avenue. He asked what kind of gateway there is to the residential area, and what do they want that to be. In 1991 the Village said it did not want Ogden to continue to be what it had been. Since then some powerful people have been able to redevelop. Mr. Sullivan said that one of the oldest roads and paths in Illinois is Ogden Avenue and they should set out what they want it to become and should be careful with the compromises they make along the way.

Commissioner McConnell said she hoped they would discuss the nature of their objections, such as safety issues, aesthetics, etc. Mr. Sullivan said Ogden is a gateway to the neighborhoods. There were safety and aesthetic issues considered, and following that the discussion turned to what Ogden Avenue is going to be.

Mr. Musielak said that he thought the Commission was looking for some guidance. They thought about the petition presented but then line of sight questions were raised, access to Ogden Avenue was raised, minimum setbacks on Ogden Avenue were raised, and discussion about used cars and other vehicles parked on the sidewalks as well. The questions of safety arose and the question of what the Village wants Ogden Avenue to be were also raised. The Commission has heard nothing from the Lakota Group, nothing from the EDC , and nothing from any people who were supposed to be considering these plans. The Commission felt they should not change something that was only changed ten years ago. He is surprised the Commission was not called earlier to meet with the Council and these other groups to discuss the direction.

Commissioner Sisul said he thought that was an appropriate reaction. He said that a lot of issues have been raised this evening, and recommending looking at scheduling meetings to allow for better communication and direction between the Council and the Commissions. Commissioner Sisul said the Council intends to start involving the Boards and Commissions in the planning process in the near future. The Zoning Commission has enjoyed a good relationship with the Council and staff.

Mr. Musielak said they would be happy to meet with the other groups and are open to setting up a meeting between the Boards and Commissions. The Mayor said that the staff worked with the Board and Commissions but they need to have the Boards involved with each other.

Commissioner McConnell asked about those Ogden Avenue corners that already have lower setbacks and whether there is any information as to the accident ratio at those locations. Manager Ginex said that most appear to be rear-end type accidents. He said he would have staff check the statistics.

The Mayor called for a brief recess at this time.

6. Parking & Traffic Recommendation – Sidewalk Matrix. The Manager asked Jack Bajor to present the report regarding the additional criteria. Mr. Bajor said at last month’s meeting the Parking and Traffic Commission (P&T) moved to recommend that staff increase the matrix criteria to be more objective in reviewing projects coming to the Commission. He then asked Bob Schiller, Traffic Manager, to elaborate on the criteria.

Bob Schiller , Traffic Manager, said that the sidewalk matrix is a tool created to provide a number ranking of the block segments within the Village based on safety to determine the order for installing sidewalks. That matrix was revised a few years ago to include all block segments within the Village. However as streets were added, delineation became more difficult and staff felt it was necessary to provide a separation between block segments to more clearly prioritize the streets. The P&T Commission discussed several options for adding criteria to the matrix. They have incorporated resident input into this process. Additional criteria to be added is the average daily traffic volume (PDT), pedestrian clearance from the roadway, 85% speed, existing sidewalks modified from minor to major, and proximity to parks.

Mr. Schiller said they then took the 21 block segments and applied the criteria to those segments. Prior to the additional criteria, there was a 3 point separation. Now there is a 16-point separation making it easier to determine priority for installation of sidewalks.

Commissioner Schnell asked about the difference between minor and major criteria. Mr. Schiller said that major and minor factors are determined by how they directly relate to safety, such as speed.

Commissioner McConnell asked if the intent is to apply the changes to next year, and Mr. Schiller said it would take the rest of this year to gather the additional data, as there are about 150 traffic counts to be gathered. Therefore they would apply the additional criteria to the matrix for next year.

Commissioner Gilbert asked what happened with the test areas. Mr. Schiller responded that some have been moved up, and some areas moved down on the list. The additional criteria increased the point spread greatly.

Commissioner Gilbert said the report indicated that blind hills were posted, and asked whether that was an objective criteria. Mr. Schiller said that they review the roadways and if they receive requests from residents about roads with significant hills, that is brought to the P&T Commission for their review. If the Commission agrees it is posted as a blind hill.

Commissioner Gilbert said that they need to have the matrix completed without the citizen input as it pits neighbors against each other. The discussion should take place before the Council.

The Mayor said they would move ahead with applying the criteria.

License Agreement with SprintCom, Inc. The Manager said that this agreement provides for Sprint PCS to maintain and operate their antenna on the Highland Avenue water tower for a 5-year term at a cost of $2,350 per month for the first year, with a 4% increase afterwards.

Annual Distribution of Developer Contributions to Area Taxing Bodies. The Manager asked Financial Director Marty Lyons to make the presentation.

Mr. Lyons stated that each year based upon the level of development in the communities, the Village collects contributions from the developers and remits those funds back to the taxing bodies. This year there were two developments, Bending Oaks II which was completed last year, and Morningside. The formula was set by Ordinance in 1995.

Village Attorney Blondin said the formula is established by the Subdivision Control Ordinance.

Mr. Lyons said he receives a letter from the Park District showing what the expenditures are for the particular areas.

The Mayor asked whether the schools have asked to increase impact fees, and Attorney Blondin and Mr. Lyons said they have not.

Station Crossing Proposals – Further Discussion. The Mayor said that two weeks ago presentations were made by the Gammonley Group and Teng Associates regarding the Station Crossing proposals. The proposals were placed on file for public review. He asked if there were comments from the public.

1. Dave Reynolds , 4919 Bryan, said he was not concerned as much about the architecture, but the context the building is in. They would expect the building to have some synergy with the surrounding buildings such as the Tivoli. About 75 parking spaces will be eliminated. The question is how does this fit in with the overall plan to bring the south and north parts of the tracks together. He does not see the 800-car parking lot being utilized for the north side of the tracks. The parking deck will not address the Tivoli. He is concerned with what the downtown will look like.

The Mayor said that tonight they are looking for comments toward the developers and which developer will be chosen. When they choose the developer they will look at a number of different issues including parking and traffic issues.

Mr. Reynolds asked whether there is a plan available now that is different than the original Lakota Plan. The Mayor said there is no plan other than the parking deck and the purchase of the Johnson property. A survey was just sent in the Village newsletter for public input regarding the Curtiss lot and the Johnson property.

2. William Vollrath , 6818 Osage, congratulated the new Commissioners. He said that citizens come to the Council to participate in a democracy. He said he tries not to take cheap shots at anyone and is here to participate and show concern about the community. He said that in the Village Newsletter the Mayor said there was a better alignment of citizen interest and other individuals in development of Station Crossing. He disagrees with that. He thinks 600 citizens signed a petition several months ago saying they would like to see more greenspace in Station Crossing. Neither proposal addresses those petitions, and will pave over the entire area. Mr. Vollrath said he is not in agreement with these proposals. He asked if anyone knows who owns the Teng group. They said that they will self-finance the program, and he wanted to know who the owners were.

Allen Morris of Teng Development was present and said he is one of twelve people who own the company. They have been in business 43 years and have a collective revenue of $130 million dollars. They are privately held and ready to provide whatever financial information the Council wishes.

3. Laurel Bowen , 829 Clyde, said she did not feel either plan is appropriate for Station Crossing development. There is virtually no greenspace visible. She asked who will pay for the development. The Mayor responded it would be one of the two developers.

Ms. Bowen said that the Council should be aware that the Teng Development Company is charging $300,000, which is over 50% of the cost of the facility, toward the planning of the development for the interpretive center at Lyman Woods. The Mayor said that the Village may find out that they cannot reach an agreement with the developer they choose. In addition, he said that the Village has hired Gruen & Gruen and Kane McKenna to look at the financial costs of the development.

Ms. Bowen asked how this fits into the Mayor’s statement that the Village is getting out of the real estate business, yet the Village is buying Johnson Printing, property condemnations, development of a square block, etc. The Mayor said the Village will not hold the property for 21 years. There will be future development. It may be necessary to acquire parcels to develop. Ms. Bowen asked whether by “we” the Mayor meant the Council, and he said he meant the Village. Ms. Bowen said that for months there has been citizen input on the property. The Mayor said they are trying to find a developer tonight. Ms. Bowen said all the public has to choose from are the two developers and their proposals are unacceptable. She asked if there is an urgency to get this done in a certain amount of time that cannot be changed.

Commissioner Gilbert said it is not logical to have 5-15 developers make their presentations and then have the public vote on it There has been about seven years of study of what should be done in the downtown with considerable meetings and public comments over that time. As a result of that there came the Lakota Plan. There was also the Task Force for Block 117. It is impossible to make all of the people happy. They have expressed their concerns. The Council was elected to make those decisions, and that is where they are today. The purpose is to choose one of two developers.

4. Jim Russ , Chairman of the Downtown Management Board, said that either plan can be worked with and developed. There is more work to be done and the Village will be working with the developers. It is critical to continue moving forward on this as the downtown is in a critical point. They need to bring people back into the downtown to make up for the loss of business during the construction period.

5. Marilyn Weiher of the Downtown Management Board said that the Board has reviewed both plans and feels after the many hours put forth by the Task Force in developing the guidelines, both developers have done a nice job in following the guidelines. She added that commercial space for the downtown is an important aspect. Three years of construction has been difficult and they need space to move larger retailers in to bring in the foot traffic that does not now exist. The Board is in favor of the traditional look for the downtown area.

6. Liz Chalberg , 728 Randall Street, said in looking at both plans, her preference is for the design elements of the Teng proposal. She said decisions have to be made on varying factors including whether the developer will do what they say. More important is whether they can get the design out of the group that they pick. They need creativity and design elements in the architectural group.

7. Vince Barrett , 4921 Highland, asked the developers to answer how they would embrace the public and bring them into the project process.

The Mayor asked the developers to touch on what they have done in other towns with the public process.

Mr. Morris of Teng said they have served as downtown redevelopment consultants for other communities. He said those assignments include the public process. In Lincolnshire they had to create a new downtown and Teng worked two years to arrive at a plan that was could be financed. They see the public process as an octopus with many tentacles to reach out into the community. The final official approval is a consensus of everyone who has participated. He said that seven our of their twelve owners are architects. They are primarily designer owned.

The Mayor asked about the project manager if Teng were chosen as developer. Mr. Morris said he and Sean McMahon would be project managers. There will be a full-time superintendent at construction.

Commissioner Schnell asked how he can be at all of the projects they are involved with. Mr. Morris said that a larger staff is assigned to Lincolnshire. In further response to the Mayor, Mr. Morris said their other projects in addition to Lincolnshire are condominiums in Elmhurst which are moving into construction. He is present intermittently during the actual construction phase.

Mr. Gammonley , Gammonley Group, introduced the other owners, Rich Gammonley and Carrie Gammonley. He said that developments are a joint venture between the staff, Council, citizens and developers. Their decisions are based on all the criteria they gather. They were involved in Elmhurst, Glen Ellyn, LaGrange, Western Springs, and most of their projects are near railroad stations. Their offices are nearby and their focus is on the near west suburbs. They do not sell their services; the projects are theirs.

Rich Gammonley said that they do primarily Planned Unit Developments. It involves a series of hearings in a community that can take between six to sixteen months. Everyone has input in the development, and they use as much as they can get from that interaction. He said that they will be working in the Village with the building entity, in that Gammonley is a design building developer. They do everything in-house, and they are specific to the western suburbs. In terms of the architecture, it can change. They feel it has synergy with the Tivoli Theater. Mr. Gammonley said they will not personally supervise the job site. They will, however, be sure that timelines are met and will meet periodically with the Village staff and development staff to assure that all criteria are being met.

Commissioner McConnell said that the Council wants to know what is going on and wants to be kept informed on a continual basis. She wanted that message to be clearly understood by the developers.

Mr. Gammonley said that is why he stressed that they are the builders. Mr. Dick Gammonley said that among the three owners, they will have coverage three days per week. Sometimes it is not necessary to be there. There will be one distinct liaison to work with the staff and Council.

Commissioner McConnell asked how exactly they obtained public input on their other projects. Mr. Rich Gammonley said over 16 months of meetings have gone into the Clarendon Hills project. They notified residents surrounding the project of open meetings to give them the first look of what they will be presenting. They then incorporated the thoughts into the project. As a result they reduced density, went through the zoning, changed the architecture, etc.

Mr. Morris of Teng reviewed the process they used in Lincolnshire. He said they had a large volume of citizens who were keenly interested in the project. The Mayor had appointed a downtown redevelopment committee. Teng created a public design process and formatted the program with what was to go into the downtown. They then met with the redevelopment committee and staff, and invited others to those meetings. They then broke into smaller work groups of 6-8 people to make their adjustments to the design. The smaller groups made presentations to the larger body and eventually the framework for design was established. The process included ordinary citizens, appointed redevelopment committee, elected officials and staff.

Commissioner McConnell asked about the front of buildings facing on Warren, and how the courtyard area would be incorporated into the design. Mr. Morris said they would like to collect feedback and then design iterations. He said it is easy to change the relationship of open space and change the ratio. They have flexible thinking.

Commissioner Schnell asked for more clarification of how they solicited the initial grassroots reactions.

Mr. Dick Gammonley responded they do it by solicitation. They invite the neighbors to participate in presentation meetings to discuss their vision for the site and seek reactions.

Commissioner Schnell stressed that this is the gateway to the downtown area and she would like a good amount of citizen involvement in the process.

Mr. Rich Gammonley stated that in Downers Grove he felt a more structured approach would be appropriate with perhaps an appointed residential group they could work with, in conjunction with staff, Council, and the architect. He said an opening meeting in a church hall in a town of 50,000 might not accomplish the goal. This has been a seven-year process already. He said in looking at the RFP they attempted to meet the guidelines already established by the Task Force. They looked at the prevailing themes and the life of the town. He said it will take input from various sources, but it has to be narrowed down as well. If not narrowed it could be another six years. He said perhaps they could split the town into sectors and appoint representatives. He would like to seem them taking direction from two or three groups appointed by the Council. Focus groups would work well.

Commissioner Schnell then asked about the marketing plan and the downtown’s need for quality retailers. She asked how they might go about renting the spaces and choosing the tenants.

Mr. Dick Gammonley said they have met with Linda Kunze, and they have a relationship with some of the vendors on the wish list she provided. They have also been approached by a quality restaurant looking for considerable space. He does not think there will be a problem in leasing space.

Mr. Rich Gammonley said they would try to bring in a national retailer, and try to bring in foot traffic. They have 12’-13’ ceilings which is crucial for national retailers.

Marc Cella of Gammonley said he worked with retail and office leasing and development, particularly near train stations. He has approached a number of retailers and has had a good response. He said they cannot go to too many too soon because they will lose credibility if they do not get the project. He said they are getting a good response so far.

Commissioner Schnell said people do not want little shops, they want a larger business that will draw them in.

Carrie Gammonley said the project is pedestrian friendly, and there is a natural traffic flow.

Sean McMahon , head of the Leasing Department for Teng Development, said he has worked extensively in Chicago in the last three years. He also met with Linda Kunze and will pursue national retailers as shown on the wish list. He said that they have to get the name out to retailers as a whole. In the process of what he does, he has put together a list of 3,000 brokers in the Chicago market and 47,000 contacts that can be contacted immediately. They can provide information to the Village as well as to background information on the interested retailers.

Commissioner Sisul asked what questions retailers ask most frequently.

Mr. McMahon said first they ask for vehicular and pedestrian traffic counts. They want to know who the clients will be and how often they will come to the store. They would want to know the commuter counts as well. Then they will ask about space and how much rent. Next is the viability of the downtown area, and whether other stores are making money. . They will probably do their own market survey to determine what the issues are. In further response to Commissioner Sisul, Mr. McMahon said they will then also ask about parking, what the current needs are and future needs, as well as the steps in between. There could be major deterrents regarding parking that would have to be addressed. Mr. Morris said they will create a lot of velocity in the market place by Mr. McMahon’s activity. They may find tenants who are excited about downtown Downers, but that may eventually create be a spillover into other areas of the town that better meet the needs of a particular retailer.

Commissioner Sisul asked whether Mr. Cella agreed with Mr. McMahon’s response.

Mr. Cella said he would, and added that one of the first things a retailer would ask for would be demographics and about the closest competition. It would depend upon the stage of the retailer. Retailers like to be near highways and office buildings.

Commissioner Sisul asked about the importance of parking. Mr. Cella said it is critical but having a parking problem can be a benefit in some way. If you can park in a block or two people will come. They need to have parking nearby, not necessarily in front of a store.

Commissioner Zabloudil asked Mr. Gammonley about their work in mixed uses and where they have done that work.

Mr. Dick Gammonley said they have done one development in Glen Ellyn and one in LaGrange. Both have high-end retail components. Their total retail space is about 40,000 feet. He said that information might not be in their brochure at this time.

There being no further questions from the Council, the Mayor thanked both developers for their presentations and designs.

Commissioner Tully extended his appreciation to both developers. He said this is an on-going process and they are only in the early stage of the process. He had to research information on Station Crossing and learned that a Task Force was formed with citizens on it. There was public input and RFPs leading to two rough concepts that were presented by these two developers. He said there would be more input and public meetings with the Zoning Board of Appeals, Plan Commission and Village Council meetings. He encouraged public input in all of those phases.

In reviewing the information presented, Commissioner Tully said he preferred the Teng proposal as he thought the design to be most true to the RFP , and to the guidelines established by the Block 117 Task Force. The Teng design elements in his opinion are most true to the RFP .

Commissioner McConnell thanked the developers for their time and effort. She said she would suggest choosing the Teng Group. Their concept was close to what she believed they were looking for. Their answers regarding the process of the project were easier for her to grasp. She said that both groups were very successful in their presentations.

Commissioner Schnell agreed that both developers did a great job in their presentations and she thanked them both. She agreed that the Teng group was more in sync with her thinking about what the Task Force was proposing. She said that there has been a lack of communication in the Village over the past few years and this project is extremely important. The Council wants, needs and desires communication. In addition, the right mix of tenants is important. She thinks Teng can meet those needs from their presentation.

Commissioner Zabloudil said he was impressed with both proposals. He said that Teng responded more closely to the original RFP . He supports moving forward with the Teng group.

Commissioner Gilbert said he agrees that they should move forward with Teng. He stated that the Gammonley Group proposal was also impressive. He hoped they would find other projects more suited to Gammonley’s expertise as well.

Commissioner Sisul said he knows both groups well and the Village is very fortunate to have such quality developers available. He said the might have gone in favor of the Gammonley group as the local nature of the Gammonley group is in their favor and most desirable. However, he will support the consensus and choose the Teng group.

The Mayor agreed with his support of the Teng proposal. He said they meet the RFP . He believes the Council could work well with both groups. He felt the discussion of the process by Teng was most helpful in making his decision. He noted, however, that there is always the possibility that the Village might not be able to come to an agreement with Teng. There is a lot to be discussed. He said he hoped the Village would be able to work with Gammonley in some capacity in the future.

RFP for Landbank Properties. The Manager asked Mike Baker to make this presentation.

Mike Baker , Assistant to the Village Manager, referred to the revised draft proposal submitted to the Council for the RFP on the landbank properties. He said the document incorporates many comments by neighborhood residents and staff that were received, and it allows for people to propose rehabilitation or redevelopment of the properties. Mr. Baker said the goal and objective of the proposal is to create cohesiveness, retain the tradition, and provide for sound structures that are privately owned. He said if the Council is satisfied with the proposal it will be sent out next week.

Commissioner Zabloudil said it might be necessary to obtain a complete plat for the entire parcel to include in the packet. Mr. Baker said staff is in the process of getting the plats. The question is whether they should wait till those are in hand before sending out the documents or send them out now. Commissioner Zabloudil said he thought they should have one combined plat for all of the properties. Mr. Baker said that it would take three weeks to get the plat.

Commissioner McConnell said they have done a great job. She commented on the Village objectives to preserve trees. She wanted that to be strengthened to include that they must substantially keep the ambience and view from the street, and the trees wherever possible. She also commented regarding the public safety information stating that it should be corrected. Regarding the rezoning of the area, she thought there was a request to review the zoning for the area and asked whether that was started. The Mayor said Manager McCurdy started that communication but did not think that has been completed. He thinks staff has started that work, however.

Commissioner McConnell recommended putting a notice in the Village Corner as well that there is an RFP available in case there are smaller developers who are unaware of this project.

Commissioner Tully said the Village web page has a notice regarding the RFPs.

Commissioner McConnell then asked about the Design Review Group to look at the RFPs as they come in and asked whether they would also be considered.

Commissioner Schnell said the original draft included an Architectural Review Committee. She would like a statement that the Committee will review and make sure proposals fit in with the neighborhood. She stated she would like to see a statement to that effect.

Commissioner Sisul said he would suggest following the same procedure as they used in the Block 117 as that system seemed to work well.

Commissioner Schnell said a commitment was made to make sure that buildings are architecturally sensitive to the neighborhood and consistent with the architecture of the neighborhood. She wants a statement consistent with what they promised the people they would do.

Commissioner Sisul said they do not want to disenfranchise the rest of the community in making those decisions. He thinks if they follow the same procedure they did with Station Crossing it enables the community as a whole to analyze and comment on the project.

Commissioner Schnell agreed that there is a commitment to the community as a whole to look at, but she said in the original discussions with residents there was a commitment to have an architectural review that if new structures were put in there that would be in keeping architecturally with the period. It is her understanding that was decided as important for the integrity of the neighborhood. She said the agreed that the plans should be placed in public places. She also feels due to the sensitivity to the neighborhood and the comments made in the original RFP they need to include this.

The Mayor said that is important, but noted that the Village owns the property and will not transfer it until they approve of the proposal.

Commissioner Schnell said by having a statement in the RFP they are stating they are serious about design.

The Mayor said they can put that in but ultimately, it is up to the Council. He said that they will also solicit input from citizens as well as the committee.

Commissioner Schnell then commented on Village Objective (3) stating that the first and last bullets are similar and could be combined. She also noted a typo in section 7.4 to be corrected. She complimented staff on the RFP .

Commissioner Tully referred to section 7.3. He suggested expanding this section to give fair notice to the developer that there will be further public review and input.

Commissioner Gilbert said they have discussed the Mack property with the Village Manager and he noted that currently they would like to close on June 1. It would be his suggestion to direct staff to do the land swap.

The Mayor said the land swap needs to be resolved before sending out the RFP . There was further discussion concerning the property swap, with Attorney Blondin stating that the Macks wanted to stay in the existing structure after they close.

Commissioner Gilbert said he thought this was a straightforward swap and could be considered at next week’s meeting. He would like to see them move ahead with this to accommodate the Macks.

Dr. Gordon Goodman , 5834 Middaugh, said the Village might want to reserve a covenant in order to guide the development for the future of the property. He asked whether that would be disclosed in the RFP as well. Commissioner Sisul said it would probably be handled sufficiently through a redevelopment agreement, and Dr. Goodman asked whether that would run with the land. Commissioner Sisul said the development of the property would be guided by the agreement. In terms of a possible tear down in the future, that would probably not happen for a very long time in the future. A covenant can affect the marketability of the property. Dr. Goodman said he understands the intent of the Council to use its ownership to guide the development of the property and stabilize the character of the neighborhood, and he does not know that it is clearly stated in the RFP . He thinks that should be achieved in the RFP .

The Mayor said they can have a statement that the Council may attach covenants on the property upon transfer. It can be stated in the RFP but left open.

Jim McBride , 1217 Gilbert, said that the R-6 zoning overbuilds the Gilbert side of the street. He believes down-zoning would help protect the last two properties on the block. The Mayor said those properties would probably go with the properties to the west. Mr. McBride said that R-6 zoning is not appropriate on Gilbert. Regarding the swapping, Mr. McBride said it maximizes the value of the colonial. Lastly, since the timeline appears to be spring construction, he asked how they would get the houses moved if wanted.

Commissioner Schnell said she knows someone interested in moving the houses and needs to get a proposal together. She stated there is movement in that direction.

Mr. McBride asked for a definition of the term “consortium of individuals” and the Mayor said it would be based on financial qualifications. Mr. McBride said it looks like they are still looking for developers.

John Przybyl, 1227 Gilbert, asked about the review process, stating that he thought they would be more sensitive to what was going to be built. He thought more concrete verbiage about the review process might be appropriate. Regarding Commissioner Sisul’s comments, this property is not as public a piece of property as the Station Crossing site. He believes it to be more of a local community issue than Station Crossing which is a community-wide issue in his opinion. Commissioner Sisul said it wasn’t just his neighbors who paid for the property. The property has been off the tax roles for some time. This is an issue that affects the entire community because the entire community paid for it. Mr. McBride said that the community as a whole’s property values are not as much at stake as those people residing in the area. He thinks there needs to be a little more bias in their direction.

Ken Lerner , 4933 Whiffen Place, said he hopes the Village would be sensitive to the neighborhood and immediate vicinity. It is appropriate for the Village to be sensitive to those most closely affected. The RFP mentions sensitivity to the neighborhood and the conditions. The most logical way to do that is to preserve the older existing homes. He is not sure that the process is not biased against that idea.

The Mayor said there are two hundred residents living across the street from the property and they are looking forward to this development.

Commissioner Tully said it is not the Council’s choice to take into the account the entire community, but rather an obligation. What is in the best interest in the community as a whole will also be good for the neighborhood. He said they will obviously be sensitive to the site.

11. Seatbelt Ordinance. The Manager said that the Village’s Seatbelt Ordinance was found unconstitutional due to a technical error and he asked that the item be placed on next week’s agenda.

ATTORNEY ’S REPORT

Village Attorney Blondin stated he was presenting a resolution authorizing execution of a license agreement with SprintCom, Inc., an ordinance making certain technical amendments to the Municipal Code (Seatbelt Ordinance), a resolution authorizing execution of a lease renewal agreement for the Economic Development and Visitors Bureau offices at 5202 Washington; an ordinance rezoning the northwest corner of Ogden and Fairview Avenues from R-2 to B-3; and an ordinance authorizing a special use for a drive-up window at the northwest corner of Ogden and Fairview Avenues to be placed on next week’s Active Agenda.

The Mayor said Council would convene into Special Session. The Workshop meeting was adjourned at 11:15 p.m.

April K. Holden Village Clerk tmh/