November 28, 2000

Mayor Krajewski called the Workshop meeting of the Village Council of the Village of Downers Grove to order at 6:34 p.m. in the Committee Room of the Village Hall.

Present:Mayor Brian Krajewski; Commissioners Marilyn Schnell, Thomas Sisul, Michael Gilbert; Village Manager Michael McCurdy; Village Attorney Daniel Blondin; Village Clerk April Holden

Absent:Commissioner Sue McConnell

Visitors: Press: Susie Gura, Liberty Newspapers Residents: Hank Kupper, Nationwide Insurance, 4809 Wallbank; Martin Tully, 3678 Venard Road; Mark Zabloudil, 620 39th Street; Marilynn Gerloff, 4241 Highland Avenue; Tom Julian, 6223 Springside; Jim Russ, Attorney, 4915 Main Street; Dave Tatterson, 1240 Gilbert; Ed Mazurowski, 436 Davis; Stephen Daniels, 840 Valley View Drive; T.J. Ross, PACE , 550 W. Algonquin Road, Arlington Heights; Van Kim, Quality Photo, 654 Ogden; John LeDonne, 1221 Parkway; Barb Wysocki, Chamber of Commerce, 1015 Curtiss Staff: Jerry Sprecher, Deputy Village Manager; Mike Baker, Assistant to the Village Manager; Dave Conley, Director of Engineering, Public Works; Steve Ruffolo, Director of Operations, Public Works; Ken Rathje, Director of Planning Services

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

Purchase of Snow Equipment – Extended Snow Blade. Manager McCurdy said a memo regarding this from Jerry Sprecher, Deputy Village Manager, was included in the Council’s materials. Staff recommends authorizing a purchase in the amount of $12,420 from J&S Truck and Equipment, Huntley, IL. The Manager said he was seeking approval of this item at tonight’s meeting.

Mayor Krajewski asked about the delivery date.

Steve Ruffolo , Director of Operations, Public Works, said it will be delivered within two to three weeks.

Commissioner Schnell moved to waive the one-week waiting period to consider new business. Commissioner Sisul seconded.

VOTE :AYE: Commissioners Schnell, Sisul, Gilbert, Mayor Krajewski NAY :None

The Mayor declared the Motion carried.

Commissioner Schnell moved to approve an expenditure of $12,420 for the purchase of a Pro Tech Foldout Snow Pusher from J&S Truck and Equipment, Huntley, IL. Commissioner Sisul seconded.

VOTE :AYE: Commissioners Schnell, Sisul, Gilbert, Mayor Krajewski NAY :None

The Mayor declared the Motion carried.

Change Order – 2000 Sidewalk Removal and Replacement Project 3-00. The Manager said this is to seek approval of a change order to Suburban Concrete, Inc., for additional sidewalk construction. The area of additional walk is Williams from 39th to Ogden, Fairview from 41st to Ogden, and Chicago from Roslyn to Cumnor. The Manager said the original contractor was M & C Scavelli, Inc. The amount is $113,467.60.

Commissioner Schnell asked about laying concrete in cold weather.

Dave Conley , Director of Engineering, Public Works, said there are special provisions for cold weather protection. He said the determining factor was whether there is frost on the ground.

Commissioner Schnell asked about restoration efforts where the sidewalk has already been installed.

Mr. Conley said soil has been delivered and stored. He said if this is not sufficient, they will fill in with stone. All restoration is scheduled to be completed by April.

Mayor Krajewski noted that staff took extra care in the engineering and working with trees, etc. He asked that this be passed along to the staff.

Commissioner Schnell moved to waive the one-week waiting period to consider new business. Commissioner Sisul seconded.

VOTE :AYE: Commissioners Schnell, Sisul, Gilbert, Mayor Krajewski NAY :None

The Mayor declared the Motion carried.

Commissioner Schnell moved to authorize Change Order 3 in the amount of $113,467.60 for the 2000 Sidewalk Removal and Replacement, Project 3-00. Commissioner Sisul seconded.

VOTE :AYE: Commissioners Schnell, Sisul, Gilbert, Mayor Krajewski NAY :None

The Mayor declared the Motion carried.

Intergovernmental Agreement – PACE . The Manager said T. J. Ross, Pace Executive Director, is here to discuss this issue. The Manager said he has been in discussions with Mr. Ross regarding the Village’s bus system. He noted that our bus system operates at a deficit. The Manager said Mr. Ross’s staff from Pace and Jerry Sprecher and Dan Blondin from the Village have submitted a proposed one-year agreement for the Council’s review. As a result of this agreement, the Village will receive a grant of 10% of our bus system expenses which amounts to $60,279.00 for the first year. The Manager said the agreement will allow Pace to count the Village’s expenses in their budget.

The Mayor asked about similar arrangements with other communities.

T.J. Ross , Executive Director, Pace, said Pace has similar arrangements with Highland Park and Niles, and is entering into an agreement with Schaumburg. He said this is unique in that the Village owns their buses and has bus operators.

The Mayor asked if it will help Pace in securing their funding if they include the Village’s expenses into their own for financial reporting purposes.

Mr. Ross explained that under the RTA Act local contributions are viewed as revenue. Pace has a recovery ratio they must meet in their budget from the RTA . The amount of their budget that needs to be from revenue has been increased from 36% to 40%. He said recent fuel cost increases have doubled their expenses. He said he was looking for ways to avoid a fare increase.

Commissioner Schnell asked if this agreement would be at the same level of service and costs, without laying off any drivers.

Mr. McCurdy said this was revenue to the Village to help offset the Village’s costs. He said the current bus service will be unchanged.

Mayor Krajewski clarified that Pace will give the Village $60,000 in exchange for documentation of our expenses.

Mr. Ross said that was correct. He said Pace is not exercising any control over the services that the Village provides.

Commissioner Schnell asked about advertising the bus service and educating residents about the benefits of using the bus service. She said the Council has grappled with how to advertise the service and increase ridership. She asked if Pace could help with this effort.

Mr. Ross said this issue could be part of the arrangement. He said Pace has a marketing staff and a marketing plan and program. He said those resources could be made available to the Village.

Commissioner Sisul agreed that a marketing plan would be useful.

Mr. Ross said Pace will work with the Council to advertise the service.

Commissioner Gilbert thanked the Manager and Pace for bringing this forward. He asked about the reference in Exhibit B to restricted hours and holidays. He said the Village has used the buses in the past for special events and this seems to indicate that the buses cannot operate on Independence Day.

Mr. Ross said this agreement does not restrict special use. It only specifies the current service.

Jerry Sprecher , Deputy Village Manager, said the intent of that clause was to reflect current services. He said it could be adjusted to reflect Heritage Festival. He said it will not affect the charter business or Heritage Festival.

Mr. Ross referred to a section in the agreement regarding modifications of service. He said the Village has the ability to modify the services as it sees fit.

The Mayor thanked the Village Manager and Mr. Ross for bringing this forward.

Block 117 Relocation Reimbursement: Quality Camera and Kupper Insurance. The Manager asked Jerry Sprecher to address this.

Mr. Sprecher said the Block 117 relocation reimbursement program was implemented in March 1999. He said there was a great deal of discussion about this program both at the EDC and Council. The policy is a commitment by Council to reimburse those tenants in the existing 117 buildings who would be relocating as a result of Village’s purchase of the property. He said to date this policy has been implemented for Laura Jantz owner of “A Cut Above” barbershop in her move to the train station.

Mr. Sprecher said there are currently two requests. Regarding Quality Camera, Mr. Sprecher said Mr. Kim moved to 654 Ogden Avenue and has now submitted his expenses for Council consideration. The other request is from Kupper Insurance. He said Mr. Kupper falls between the cracks of the policy. He has requested a reimbursement under Option C of this policy that provides for a business to be reimbursed in lieu of moving. Under the policy, if a person deemed it was not feasible to move the business to another location and closed their business, they would be eligible to receive $1,000 to $20,000 based on their previous income. Mr. Kupper has previously submitted this request. He said Aurelio’s Pizza is the only remaining business to fall under this policy.

There were no questions or comments from the Council regarding the expenses for Quality Camera.

Commissioner Gilbert said both requests seemed reasonable.

Mayor Krajewski said Council has received a recommendation from staff for a compromise regarding the request from Kupper Insurance.

Mr. Sprecher said Mr. Kupper requested a $20,000 reimbursement, which is the maximum under the policy. He said there has been considerable discussion as to whether Mr. Kupper’s request was appropriate under this policy given the fact that he opted to sell the business and close sooner than he would have needed to. Mr. Kupper’s request is for the full $20,000 based on previous income. Mr. Sprecher said under the terms of the policy, Mr. Kupper probably would not qualify for reimbursement. However, in recognition of the intent of the policy EDC staff suggested a compromise in May 1999 to recommend reimbursement in the amount of $10,000. Mr. Kupper’s request, however, remains at $20,000. In response to Mayor Krajewski, Mr. Sprecher said the policy was adopted in March 1999.

Commissioner Gilbert said that although he may not qualify under the terms of the policy, he thinks Mr. Kupper is due some amount of money. He said he tends to agree with the EDC findings that $10,000 would be appropriate. He asked Mr. Kupper about the expense regarding disposing of furniture.

Hank Kupper said he compiled a dollar amount based on cost and value of furniture and other items in the business. Mr. Kupper said he has been out of the building since May 1999. He made a list detailing the value of his furniture and other equipment, which amounted to $3,649. He sold it for $570 leaving a deficit of approximately $3,000.

The Mayor asked Mr. Kupper why he sold the property at a deficit.

Mr. Kupper said people would not pay market price. He said nothing was sold to Nationwide. He sold through an ad in the paper, friends and other Nationwide agents.

The Mayor asked if the property was fully depreciated.

Mr. Kupper said he was unsure as to whether his accountant depreciated furniture. He said he was not aware of the property having been depreciated. Mr. Kupper said he was looking for new space before Block 117 was purchased by the Village due to a rent increase from $250 per month to $498 per month. Under the arrangement with Nationwide he could not go south of 55th Street as that was another agent’s territory. He could only move north and could not find suitable space. He said the Block 117 tenants did not know when they would have to relocate. Mr. Kupper said he cancelled his business plan with Nationwide that called for him to work until March 31, 2001 and left two years earlier than planned. This is the basis for this application. He described Nationwide’s buyout plan. He receives approximately $60,000 a year for three years. He had planned to stay two extra years to build up his retirement accounts.

In response to Mayor Krajewski, Mr. Kupper said he had a year-to-year lease which renewed on April 1 each year. He was unable to obtain a month-to-month lease. Regarding the buyout, Mr. Kupper explained that Nationwide pays commissions for three years on the business the agent has on the books in addition to an incentive credit. Nationwide is buying Mr. Kupper’s business and put in another agent to handle the business. His office is at Main and Ogden. Mr. Kupper notified Nationwide March 1, 1999 by letter that he was technically retiring and wanted his buyout. Nationwide bought him out within 30 days.

Commissioner Schnell asked why Mr. Kupper did not consider the property at Main and Ogden where the new agent is located.

Mr. Kupper said it was not available. Commissioner Schnell said the tenant there left two years ago. Mr. Kupper said it was more space than he needed. He said his total commissions were approximately $125,000 per year which limits the amount of money he can put into rent and payroll.

Mr. Kupper said the draft of the reimbursement policy called for a five-year lease. He did not intend to stay in business five more years and could not find a lease for a favorable place and rate.

The Mayor asked about the five-year lease requirement.

Mr. Sprecher said he was not familiar with the provision of the five-year lease requirement. In response to the Mayor, Mr. Sprecher said Quality Camera was not required to sign a five-year lease. Mr. Sprecher said the policy was reviewed with the tenants.

Mr. Kupper said the drafts had the five-year lease provision. Mr. Kupper read the terms of Option C of the Block 117 Relocation Reimbursement policy. He said he applied under this Option as his business is location sensitive.

The Mayor disagreed that an insurance agency is location sensitive.

Commissioner Schnell said she believes Option C was in response to Ms. Jantz’s concern that her barbershop depended on people who came to her shop after getting off the train. She was having a difficult time trying to find a place in the Village that was near the train and would fit her client base. Commissioner Schnell said this Option was in response to those tenants who would lose their client base and would be unable to continue. She said that while she understands Mr. Kupper has to stay north of 55th Street, she does not see how this business is location sensitive.

Mr. Kupper responded that realistically an insurance agency is not location sensitive; however, he was there for 18 years and had an ideal location. He said it would have been difficult to change people around for two years. He reiterated that he concentrated on Ogden Avenue and could not find a place.

Commissioner Gilbert said the intent of this resolution was to be sure that the Village mitigated any damage to the business owners on the property. He said the Village did have an affect on Mr. Kupper’s way of doing business. He said $10,000 is justifiable. He said the Village did displace Mr. Kupper’s business.

Commissioner Sisul said he has a problem justifying Mr. Kupper’s full request for reimbursement as he might have had to make the same decision to retire early due to the rent increase. He said he was willing to go along with the EDC recommendation.

In response to Commissioner Schnell, Mr. Sprecher said Laura Jantz received approximately $17,000. Commissioner Schnell said Mr. Kim will receive approximately $8,000. Both Mr. Kim and Ms. Jantz moved within the Village. She said $10,000 seems high for a business that has not stayed in the Village. She said there is no basis for the $10,000 request. She suggested sending this back to the present EDC for a response.

Commissioner Sisul asked if staff talked to EDC about this recommendation. Mr. Sprecher said he did not.

Mayor Krajewski said he was not on the Council when this policy was implemented, but agrees with Commissioner Schnell that Option C was probably geared toward Ms. Jantz’s business. He said he does not think an insurance agency is location sensitive as most payments are by mail. He said he is comfortable with EDC reviewing this particular case.

In response to Commissioner Gilbert, Commissioner Schnell said the policy was reviewed by staff in 1999 but has not been reviewed by the board. Commissioner Schnell said she does not think this request fits the intent of the policy. She said she feels this needs to go to the EDC .

The Mayor suggested this be workshopped again on December 12 following the EDC ’s review and voted on at the December 19 Council meeting.

Commissioner Sisul said he is concerned about sending this back to a completely different group of people as the EDC board and staff have changed. He said he is not sure the Council gains anything by going back to the EDC as Mr. Kupper’s case is different from the others and the EDC will not be asked for a new policy recommendation. The issue is to settle Mr. Kupper’s matter. If the request is not satisfactory, the Council needs to discuss what they would consider to be appropriate amounts. EDC may not give the Council the needed information.

Council discussed workshopping this matter again and voting on various options at the December 19 Council meeting.

Mr. Kupper said the business did not move out of the Village. It is currently located at Main and Ogden. Further, he said his income will be cut off in 2002 rather than 2004. He would have had income and retirement contributions for those two years. Mr. Kupper said he was told by a Village official that the building would probably be torn down by June or July 1999.

Village Attorney Dan Blondin said the Village took possession of the building in February 2000. The suit was filed before this policy went into effect. He said he would research the case history before the next workshop meeting.

Commissioner Gilbert said that based on what Mr. Kupper’s retirement contributions would have been for two additional years less his rent the net effect is $10,000. He said the Village cost him that much by its actions.

The Mayor said the Council will vote on this matter December 19, 2000.

Plan Commission Recommendations: Lot Split & Reconfiguration. The Manager asked Ken Rathje to address this matter.

Lot Split – 4826 Stonewall.

Ken Rathje , Director, Planning Services, said the first request is for a lot split at 4826 Stonewall. The property currently measures 120 feet by 220 feet with an area of 26,400 square feet. It is improved with a one-story brick house with an attached garage as well as an outbuilding. All structures are to be razed if the division is granted. The underlying zoning is R-3 with a minimum lot width requirement of 75 feet, and a minimum lot area requirement of 10,500 square feet. For newly created lots, the Subdivision Control Ordinance requires a minimum lot depth of 140 feet.

Mr. Rathje said the proposal is to divide the property into two lots each measuring 60 feet by 220 feet with an area of 13,200 square feet. The petitioner is also requesting a lot width exception to reduce the width from 75 feet to 60 feet, which is a 20% exception. The Plan Commission reviewed the exception under the standards prescribed by Subdivision Control Ordinance and found that the proposed division including the exception would not have a negative impact on the value or use of surrounding properties. They found it was consistent with the trend of development in the area. One of the characteristics the Plan Commission found that best supported the request of the lot split with variation is the relationship of lot area to the zoning district standard. In this case it is approximately 2 ½ times the zoning district standard. The Plan Commission also found that granting the exception would be consistent with the general plan and purpose of the Subdivision Control Ordinance. Mr. Rathje said a lot that measures 60 feet by 220 feet would result in very buildable lots consistent with development in the area. The Plan Commission forwarded a positive recommendation by unanimous vote.

Commissioner Schnell asked for information as to the year and terms of the last lot split on Stonewall. She said she is concerned about setting a precedent of a 20% variation. Most variations are not that high. She asked for a list of the last ten variations. Mr. Rathje said he would send the information to the Manager.

Mr. Rathje said the areas on Florence and Cumnor sometimes include variations going from 75 feet to 50 feet because of the depth of the properties.

Regarding the precedent issue, Mr. Rathje said the Plan Commission takes a close look at the characteristics of a lot in the immediate surrounding area.

Commissioner Sisul said the Lee Avenue lot split done recently was very similar to this one.

Commissioner Schnell said she does not have a problem with this request as it fits in with the neighborhood.

Commissioner Sisul said the diagram included in their information show similar size lots. He noted that one of the Plan Commission members said she thought the resulting lots were very attractive.

Lot Reconfiguration – 442 Davis Street.

Mr. Rathje said this petition is distinct from a lot split petition in that there are no new lots being created. It is a case where land is being transferred between adjoining properties. The properties are located at 442 Davis and 436 Davis. He said the westerly lot, 442 Davis, is currently made up of three 30-foot wide lots with an overall width of 90 feet, depth of 132 feet and a lot area of 11,880 square feet. The easterly lot, 436 Davis, is made up of two 30-foot wide lots, depth of 132 feet and a lot area of 7,920 square feet. The proposal is to divide the middle 30-fool wide lot and transfer 15 feet from the westerly lot to the easterly lot resulting in each being 75 feet in width with an area of 9,900 square feet. He said there are no setback issues for either lot. The underlying property is zoned R-4, which requires a minimum lot area of 7,500 square feet. However, the Subdivision Control Ordinance requires a larger minimum lot width of 75 feet and a larger minimum lot area of 10,500 square feet for newly created lots. While the lot depth does not conform to the Subdivision Control Ordinance, it is not proposed to be altered as part of this request and, as such, the lot depth would not be treated as an exception. Mr. Rathje said the exception part of this petition is because each of the lots will be at 9,900 square feet rather than 10,500 as required. This represents a variation of 5.71%. Both lots will meet the lot width requirements.

Mr. Rathje said the Plan Commission forwarded a positive recommendation for the proposed lot reconfiguration.

The Manager said both of the Plan Commission recommendations will be on the December 19 Active Agenda.

Parking & Traffic Recommendation: Stop Sign – Walnut & Curtiss. The Manager said Walnut and Curtiss is a “tee” intersection. Due to increased traffic levels, staff initiated a study of the intersection. The Parking & Traffic Commission has recommended that a stop sign be installed on Curtiss such that Curtiss Street motorists must stop for Walnut Avenue motorists, and Wisconsin Avenue motorists must stop for Walnut Avenue motorists.

The Mayor said a resident reported that in Carol Stream the caution and stop signs in school zones have reflective strips from the sign to the ground that helps to illuminate the signs. He asked that the staff research this.

The Manager said this would be placed on the December 19 Active Agenda.

Stormwater Oversight Committee Recommendation – Wetland Banking. The Manager said this would add a provision to the Village’s Stormwater Management Ordinance to allow for a fee in lieu of wetland banking of $175,000 per acre of required wetland mitigation. This would bring the Village in compliance with the DuPage County Stormwater Ordinance.

The Manager said this would be placed on the December 19 Active Agenda.

ATTORNEY ’S REPORT

Attorney Blondin said he had no items to report.

COUNCIL MEMBERS

The Mayor said there will be no meeting on Tuesday, December 5, 2000. The next meeting will be the Council Workshop on December 12, 2000.

The Mayor thanked the Village Manager and staff for the effort put forth for the holiday parade and decorations.

ADJOURNMENT

Commissioner Schnell moved to adjourn to Closed Session pursuant to Section 2©(3) of the Open Meetings Act to consider appointments to boards and commissions. Commissioner Sisul seconded.

VOTE :YEA:Commissioners Schnell, Sisul, Gilbert, Sisul, Mayor Krajewski NAY :None

The Mayor declared the Motion carried and adjourned the Workshop meeting to Executive Session at 7:50 p.m.

April K. Holden Village Clerk