January 24, 2006

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, Sue McConnell, Martin Tully, Ron Sandack, Stan Urban, William Waldack; Village Manager Cara Pavlicek; Village Attorney Enza Petrarca; Village Clerk April Holden

Absent:None

Visitors: Residents: Ron Sievers, Sievers Development; Gary Rauch, 1744 Prentiss Dr.; Kurt Griesheim, 1509 Ridgewood Ave.; Bill Wrobel, 7800 Queens Ct.; Andrew Clark, 1226 62nd St.; John Schofield, 1125 Jefferson; Gordon Goodman, 5834 Middaugh Staff: Don Rosenthal, Director, Code Services; Dave Barber, Director, Public Works; Jon Hall, Stormwater Manager; Dave Fieldman, Deputy Village Manager; Bob Porter, Police Chief; Mike Millette, Assistant Director, Public Works; Doug Kozlowski, Director, Marketing & Media Relations; Rita Trainor, Director, Financial Services Fire Department: Fire Chief Phil Ruscetti; Deputy Chief Jim Jackson; Ann Marie Jackson; Duana Frank; Mrs. Quinn Triplett; Ray & Anie Bailey; Rob Pekelder; Dan & Rene Picha; John E. Jones; Dale Smith; Paul Johnson, Quinn Triplett, Dan Hartley; Gary Meiser; John Cristeson; Tom Frank

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.

Special Presentation: Recognition of Firefighters for Hurricane Katrina Efforts

Chief Phil Ruscetti and Mayor Krajewski presented Humanitarian Service awards to the firefighters from the Village who were deployed to New Orleans to assist in rescue efforts in the aftermath of Hurricane Katrina.

Those honored were: Deputy Chief Jim Jackson; Lt. Tom Frank; Firefighter/Parmedics Dale Smith, Paul Johnson, Quinn Triplett, and Dan Hartley; Firefighters Gary Meiser and John Cristeson

Chief Ruscetti noted that Dan Harvey and Quinn Triplett were not in attendance. Ms. Triplett accepted the award on behalf of her husband.

MANAGER

Consent Agenda Items

Bid: Purchase One Police Vehicle. The Village Manager said staff recommends the purchase of one 2006 Ford Crown Victoria in the amount of $23,800.

Prairie Avenue Reconstruction, Project ST-006. The Manager said this contract is for design services.

Amendment to Highway Authority Agreement between the Village and 7-Eleven. The Manager said this is for the purpose of extending a remediation area.

4. Waiver of Section 12© of the DuPage Water Commission Subsequent Customer Agreement. The Manager said that this resolution will allow the County to provide water service to certain unincorporated areas.

Active Agenda and Informational Items

Parking Deck Change Order #22; waive one-week waiting period. The Manager said this is the final change order for the parking facility and will allow for closeout of the project.

Commissioner Tully asked how much under budget this project came in. The Manager said that the final number is not available now, but the final construction cost was $12,432,055. The total project budget for the entire deck was $21,400,000 and they will be under that by approximately $1 million.

Ordinance Amending Fines for Disability Parking Violations. * The Manager said this has been prepared in response to changes in State Statute.

Commissioner Schnell* asked how this information will be disseminated.

Village Attorney Enza Petrarca said this impacts private property, and the Village staff will try to get the information out to everyone. Mayor Krajewski said that it could be added to the Code as a Code violation if their signs have not been updated.

Budget Discussion: Police & Fire Department Overtime. The Manager said the Assistant Village Manager prepared a report in which staff is proposing the numbers for overtime for both Fire and Police Departments for budget year FY 06 -07. Staff is requesting feedback from the Council. This would not be approved until the budget is approved, which is scheduled for the April 4 Council meeting. The report tries to base budget on historical information, and in the past they have sometimes under budgeted line items. She thinks it is more appropriate to put in accurate numbers and find other means of reducing some overtime, although in reality those departments always create some overtime.

Commissioner McConnell said they need to be realistic about budgeting. As a Council they have tried to be creative but there is a limitation on just what can be done. She said she thought there might be opportunities related to training that need to be explored.

Commissioner Tully said that unique aspects of the nature of Fire and Police services are such that you cannot eradicate overtime. These are highly trained professionals who need to respond to emergencies. He said that the dollars are important, but he would like to see some type of benchmark, or target hours based on planning and contingencies.

The Manager agreed and said she would like to see more standardized tracking hours. They also need to provide consistent benchmarks.

Commissioner Sandack asked how much of the budget figures are driven by collective bargaining units versus some of the planning aspects that Commissioners Tully and McConnell mentioned. Manager Pavlicek said that the contracts do drive overtime to a degree in that they define hours worked including paid time off. Court time for police officers also drives overtime hours, and that’s an expensive issue, and a decision made through the collective bargaining agreement. Commissioner Sandack then asked about the chart on Page 3 and Fire Department overtime. He asked if the difference is related to the Katrina deployment. The Manager said that Katrina represented about 20% of the overtime between May 1 and December 31. In addition, the work force is reaching a level of maturity and they are seeing an increase in Workers’ Compensation injuries.

Commissioner Schnell said she appreciated having this before the budget discussion begins, and appreciates that these are more realistic numbers. She said if they take the Katrina amount of the expenses, it amounts to about $350,000. She asked why they are putting in $550,000 in the budget. The Mayor and the Manager responded that there are both eight-month and twelve-month numbers included.

Commissioner Schnell mentioned that in the past there were issues of physical fitness of the staff. She was impressed by Fire Station 3’s philosophy to provide a means of staying fit and using fitness facilities. She said it is a good mentality to have for both Fire and Police Department services.

The Manager said that Village employees are appreciative of the efforts of the Council to provide commitment and space dedicated to physical fitness.

Commissioner Urban asked about the status of fee reimbursement. Manager Pavlicek said staff has submitted all of the paperwork, and the figures have been forwarded to FEMA . It was an application for 100%, and she hopes they will see reimbursement from FEMA for up to at least 80%. The Mayor suggested soliciting the Illinois legislators to help obtain the reimbursement funds from Louisiana.

The Mayor asked if the figures in Figure 3 are actual, and the Manager said they were. Mayor Krajewski then asked what the minimum staffing will be taking into account vacation and Kelly Days. The Manager said they can take into account average sick time as well. The Mayor then noted, on the Police side, that there is a jump this year from the last three years and asked about the comp time paid out. The Manager said that comp time payout was $114,000. In further response, Manager Pavlicek said the overtime came in from Katrina, and the compounding factor of wage increases, retro pay when the contracts were settled, union contracts and training. She said that they will project overtime figures as presented.

Ordinance Amending Chapter 26 for Stormwater & Floodplain. The Manager said information has been provided for the Council to review the ordinance amendments.

Commissioner Sandack said that the materials make sense and are logical. They are going from 200 to 150 LPDAs. In his mind they were aiming for a higher reduction, and he says this does not move them toward elimination. He would like to see more aggressive action toward elimination. The Manager said that one option discussed was to mark the maps with those that have been engineered already and leave the others out as advisory notices. She asked if that would help. Commissioner Sandack said it would. He was under the impression that the Village’s obligation was to administer the DuPage County Ordinance. This goes above and beyond, and he does not see any change in notification of those who are in LPDAs and what it means to them.

Mayor Krajewski said he agrees with Commissioner Sandack in that he thinks they should administer the County stormwater plan. He would like to abolish this map and start with the County map and add to that map as information is obtained from engineering.

Commissioner Urban added his agreement with the Mayor and Commissioner Sandack’s opinions. He said he thought the Council clearly gave direction to staff to make these go away, but instead they have multiplied. He wants to just administer the County’s water plan.

Commissioner Schnell said these aren’t going away. They want to show people where the problems are, and the map gives an indication of the problems that may need to be addressed. It makes people aware of the potential problems. She believes staff did a great job of eliminating those that could be eliminated, and eliminating the remaining would be creating a disservice to the community.

The Mayor said he thought he remembered that there was only one other community besides the Village that had LPDAs identified.

Public Works Director Dave Barber said that they do not need the map. Ground contours are what they are. The Village must administer the ordinance for unmapped site plains, and they need to deal with those bowls as well. He said that the map was developed in the 1970s. It was put in place in the early 90s. The Mayor said he thought there have been on-going engineering studies done to verify what has been placed on the map, and Mr. Barber said that was correct. He said that staff used the contour maps wherever there was a closed contour when this was developed in 1992. He noted that surveys are coming out which are reasonably close to what was estimated on the map. Mr. Barber said that the County said that the maps are not necessary because the ground is what it is. The map’s intention is to point out there’s a problem, and if they get rid of the map they lose a communication tool which helps to explain to the public what’s out there. He agreed with the Mayor that only a couple of communities have these due to the actual terrain.

The Manager said staff is looking for direction from the Council as to what the map should look like. There has been discussion concerning revision of the map.

Mayor Krajewski said he would eliminate the map and build upon the County’s map. He would definitely like to eliminate the 50 sites recommended tonight.

Commissioner Waldack asked whether a computerized map is available. Director Barber said that the plan is to post this on the home page and contact the real estate community to instruct them about this. In addition a training session could be conducted yearly to increase understanding of how to deal with these sites. There are some lots where people will not be able to build.

The Mayor asked if there have been occasions where the LPDA went away upon engineering by builders. Mr. Barber said he is not aware of any that have gone away. The Mayor asked how people are made aware of the situation. Mr. Barber said that staff will work with homeowners to determine what areas are within the LPDA .

Mayor Krajewski said that some of the complaints were that a person would have to expend $3,000-$5,000 to find there is no LPDA and were then able to do the work. Mr. Barber said he is not aware of any LPDAs that went away upon being surveyed. They probably had to do additional work to re-grade the yard and provide the compensatory storage that is required so as not to negatively effect adjacent properties.

The Mayor then asked what’s causing such deep holes in some areas for stormwater. Mr. Barber said it is based on the contour of the adjacent property.

Manager Pavlicek said she thought the original impetus for this was not just the County requirement but also the EPA changing the fact of containing all stormwater onto developing sites. Mr. Barber responded that the DuPage Stormwater Ordinance requires no impact on downstream property owners.

Commissioner McConnell said that staff says that the map is a valuable tool. She said there may be a compromise where those LPDA ’s not fully evaluated may be depicted in a different color. The Manager said staff feels the map is appropriate, but would want direction from the Council.

Director Barber said staff needs to know the overflow elevation. The map is a representation of the overflow elevation, and that enables them to deal with a situation quickly.

Commissioner McConnell said she understands from staff that the map is a valuable tool, and perhaps the question is how it is going to be used. She said perhaps that is the issue in terms of looking at ways to best use the information. She believes the other issues recommended, apart from the map, are good.

Mayor Krajewski recommended soliciting input from the community as to the problems they have encountered. He said he is sure that there are others towns that have LPDAs but don’t have this map.

The Manager said that the installation of infrastructure in communities is not consistent, and that could be an issue.

Commissioner Tully said that a great deal of information has been brought forward, and he provided a historical perspective of the issue. In the 1970s the contour map was put together from aerial photos that appeared to be localized poor drainage areas. A map was put together by the Village that was not required by the County or FEMA . The County had a regulatory floodplain map. He recalled that the LPDA map issue arose when someone was attempting a project and the map added cost and expense to the project, although no engineering or hydrological modeling had been done on these 200 +/- areas. The question was raised to eliminate these altogether and use the official County map. He said that the LPDAs were categorized as real, imagined, or suspected. Tonight’s recommendation is to remove 55 of the imagined LPDAs from the map. Everyone seems to be in favor of removing the “imagined” LPDAs, or those in places where no one would build, such as a right-of-way, but the remaining 150 are still under consideration. Commissioner Tully said the resulting two issues are to notify people of suspected LPDAs, and who is burdened with proving the existence of the LPDA . He sees no problem with the notice issue.

The Manager said the burden on the resident is that they cannot harm neighbors by their project. The question is whether to use general tax dollars to mark these, or have the individual spend private dollars for a hefty user tax. She said the question is whether the Council may want more information and decide whether to have a base map or County map with only engineered areas depicted, or leaving it as a user-fee driven map.

Commissioner Tully said homeowners may be upset by spending money for something that is a “suspected” LPDA . The question is who bears the burden. The Manager said that the Council has some burden because they administer the County’s program.

Commissioner Urban said they are proposing eliminating 55 of these locations, and asked how long it took to identify these. Mr. Barber said many of these were already identified on old maps. They are being eliminated because they will not affect development in those areas, and they won’t affect any particular group of residents. In further response, it would take at least a year to review the remaining sites. He explained the science of designing pipes and flooding of the areas.

Commissioner Urban said hypothetically they could do away with this particular tool, go back to the County map and invest $150,000 in next year’s 06/07 budget.

Commissioner Schnell asked if the Village be liable if they were to eliminate the map and someone built in a suspected area causing flooding to downstream neighbors.

The Manager said that the Village still has the obligation to make sure that the water isn’t displaced on a neighbor in the permitting process. There are existing requirements regarding mitigation. She said the Village Attorney could provide an analysis of Village liability through a separate document if so requested.

Commissioner Schnell said she views the map as a tool that could alert a person that there is a potential problem. Mr. Barber said that there are a lot of people in the real estate world who know about this map and the LPDAs. Making the sites go away won’t change how it has to be administered.

Commissioner Sandack said that is why it should go away. All this does is add another layer of confusion. If someone wants to build on a piece of property, the Village must administer the County Code whether the map exists or not. Mr. Barber said that is why those parcels are identified as potentially site-specific flood plains, and this extra step may slow down the process. Commissioner Sandack said that the Ordinance defines an LPDA , based on historical information and generally accepted engineering practices and principles. Mr. Barber reviewed the process, saying they should use the contour map. LPDA ’s are based on contour maps to identify a low spot based on previous flooding instances in the community. FEMA and County maps were not contour maps and more work had to be done to determine the floodplain elevation. He indicated that the Village maps identify the potential problems. The LPDAs are reasonably accurate.

Commissioner Tully said that eliminating the maps will not cause the problem to go away. The reality is that there are depressed areas in the Village that will have to be addressed when the time comes. The question is who bears the cost of the additional process. Should the Village bear the cost of eliminating them all at the cost of the taxpayers, or should it be the individual property owner. He said if someone is going to create plans for their property, they should know about the potential problem before they come to the Village with their plans. His concern is who bears the cost of the additional step. Notice to the owner is only fair.

Manager Pavlicek recommended placing the Ordinance amendments on the February 7 Agenda, and bring back additional conversation about the map at the February 14 meeting with potential alternatives.

Commissioner Waldack said he agrees that a tool is needed. There should be something to look at when a person is purchasing property. As to the cost and burden, he believes that could be discussed at a later time. He noted that if the Village requires engineering, and it turns out that they are wrong, then perhaps the Village should pay for the engineering. He thinks there should be a map and the information should be disseminated. He further supports the changes recommended, especially those related to accessory structures.

Mayor Krajewski agreed with the Manager’s recommendation. He then asked for an estimate of how much time and money has gone into LPDAs for the last two years.

Dr. Gordon Goodman , 5834 Middaugh, said he thought the course of action for the ordinance amendment is a very good step to take. Regarding the significance of restricting development, the Village has been aware since the 70s that floodplain areas are not good for development. It is good policy to guide development away from those areas. Engineers say they can fix the situation, but they do not address the costs. Dr. Goodman said that past Councils have worked to guide people away from these areas. The LPDA map, and the contour basis of the map appears to be fairly reliable. The 55 being eliminated through a change in criteria will not pose problems because no one will build there anyway. He believes the map is an alert, and is not factually incorrect. He further encouraged other uses for the development of these properties, saying perhaps they can be stabilized as open space areas. He would like to see the Council be proactive in these issues, rather than regarding this as suitable land for redevelopment.

The Mayor responded that DuPage County would restrict development.

Kurt Griesheim , 1509 Ridgewood Circle, said he previously owned a home on Springside. He worked with the County and later was told by the Village that the property was unbuildable. He said that the Public Works Department was completely unresponsive. He moved from that property because it was unbuildable, but still owns it because it is not saleable. He has never been given proof of why the property is an LPDA . The homes on either side of the subject site have basements and have had no problems. He does not understand why the Village is being stricter than the County or the federal government, and it makes no sense to him.

Discussion of Villas of Maple Woods Water Service. The Manager said this concerns the water service design for Maple Woods. Staff has provided background information, and she said that Mr. Sievers was present for comments.

Ron Sievers , President of Sievers Development Company, said he was developer of the Villas of Maple Woods Subdivision. He said they were before the Council several times over the past few years requesting certain exceptions to the Subdivision Ordinance, and he is present to confirm their position on approved Resolution 2005-44 granting a 2” service with a single 1.5” meter for each of the 16 buildings. Since their preliminary meeting with Joe Skach, they asked for all eight exceptions and have done so with all other subdivisions they have built over the past 12 years. When they requested the water tap and B-box installation, staff stated a different interpretation of what has been approved. They have 125 successfully built townhouse units and over 250 satisfied residents and taxpayers on their side. He referred to the Resolution, as well as discussions between staff and the Plan Commission over a period of time. Mr. Sievers said the staff has not given him a logical reason for disallowing the exceptions, other than the Ordinance requires it. He feels he was granted an exception to that Ordinance, and he is present to explain his interpretation of the Ordinance.

Mr. Sievers highlighted the staff memorandum sent to the Council and the recommendation. He said they requested what they believed was allowed and what they started to construct. Two buildings out of 16 are already built with the common water services just like they did for the previous 125 units constructed over the past twelve years. The Public Works Department wants to be able to turn water off if the individual does not pay the bill. The Village does not sell water to the individual townhomes but to the Association, which is an Illinois Corporation that collects assessments. It is a recorded set of Restrictive Covenants that was approved by the Council that the common water and sewer bills are paid by the Association. If the townhome owner does not pay his assessment, it is a lienable offense and it is up to the Association to continue to pay the water bills and eventually lien the property. There has never been a situation in a townhome in his projects with a common water meter where the bill has not been paid and the water has had to be turned off. This is a ludicrous approach and not sensible nor logical that they would want to continue with single services, let alone the restrictiveness of trying to get sewer and water services up the front of four or five units in a row. It would include multiple ditches, sidewalks sinking, etc. When he first came to the Council 12 years ago there was no problem and everyone understood that the request made sense. But the new Public Works Department interprets it differently. He has asked the Council to reconsider that interpretation, and noted that the Ordinance states that all eight exceptions were given. He noted the statement “except as amended by the Condition herein” which tells that they received their eight exceptions. Mr. Sievers said he thought that the Council agreed upon this almost as a rubber stamp item, and probably did not read all 300 pages of the Plan Commission meeting minutes.

The Mayor said that the Council probably did read all 300 pages of the Plan Commission minutes.

Mr. Sievers then asked if the Council understands his position. He would not have installed 2” water services without the Village permission. He has built over 200 homes in the Village and knows better than to fight City Hall.

Commissioner McConnell said that her understanding is that there is a specific component in the Ordinance that refers back to the February 10, 2005 document. The Manager said her discussions with the Village Attorney state that the Council adopted a Resolution approving the final plat subject to certain conditions, including Item #4 which is the Public Works memorandum which identifies water distribution specifications. The Public Works Department made a change from past practice and specifically made a point to tell Council that they wanted individual B-boxes for each unit, which was a deviation from every prior construction by Mr. Sievers.

Commissioner McConnell said she wanted to clarify that staff is asking Mr. Sievers to comply with the Resolution and the memo.

Commissioner Tully said that he recalls this discussion very well and the expansion of the Village of Maple Woods subdivision. He appreciates that there are many sides to every story. He also recalls that the request was not specifically granted. The Council approved the Resolution. Mr. Sievers started to build things under a misinterpretation. Commissioner Tully said he does not understand why there can’t be some compromise. Mr. Sievers said they offered a compromise. Commissioner Tully said there was a proposed compromise made in a letter to Mr. Barber of Public Works, January 6, 2006, of putting individual water meters to individual shut offs for each unit. He asked if that compromise was still open, because he had heard that it was rejected. Mr. Sievers said it was rejected by Village staff, and had they not rejected that compromise, this discussion would not be necessary.

The Manager said staff did not have authority to do that and that is why they brought this back to Council. Commissioner Tully asked whether the compromise still stands, and Mr. Sievers said as long as it is one B-box with a 2” service. Commissioner Tully said that the terms of the Homeowners Association can change, and individual boxes make sense. He then asked whether the compromise is acceptable to the staff.

Manager Pavlicek said that staff needs direction from the Council as to whether they want individual B-boxes. Staff can accept any choices of the Council or any alternatives presented.

Commissioner Tully said that some construction has begun, and they need to move forward.

The Mayor said that engineering plans did not show details showing specific water service design. He asked whether individual boxes would be in the plans.

Deputy Village Manager Dave Fieldman said that the documents have schematics. The building plans show the water main, but the documents are not crystal clear.

Commissioner Schnell asked whether there was a shut off valve in each unit, and Mr. Sievers said that there were, and they cannot turn off water to another unit. Commissioner Schnell said she was present 12 years ago, and she said it was her impression that there was a central unit needed because the Homeowners Association would pay for the water. She asked what has changed to make that philosophy different. There is one account with the Homeowners’ Association.

Mr. Fieldman responded that this is not truly a townhome type water system that he is used to seeing with individual service lines to individual units, nor one B-box serving condo units. It is rather a combination of those wherein the Village sends out one bill for each unit, and the Association provides one check for multiple bills. Staff never liked this situation because it did not give them the authority to shut off the water of the individual who did not pay. Commissioner Schnell said that the person responsible for paying is the Homeowners Association. Mr. Fieldman said they send a bill to each unit, and Mr. Sievers said they do not send to each unit. The Bending Oaks Subdivision water bills are sent to the Homeowners Association.

Mr. Fieldman said the present staff has looked at many of the Village’s policies and procedures and will continue to recommend what they consider best practice. They do not feel that the way Mr. Sievers traditionally has provided water service is the best for the Village customers and process.

The Manager said that staff clearly pointed out to the Council a change in doing business. Council approved that and staff is in a quandary if Council does not give clear direction. Staff should not be left to undo Council action.

Commissioner Schnell said that in the future perhaps as a Council they need to review this more carefully in terms of how other municipalities handle this type of billing situation. She cannot believe at this point that they would require a developer to rip up the floors of the buildings already constructed.

The Mayor said that Council has granted exceptions in the past to what was required.

Commissioner Schnell said she believed there was miscommunication.

Mr. Fieldman said that staff is making changes to the plan review permitting process, and noted that they have these two buildings and the remainder of the development in limbo.

Commissioner Sandack asked why the Village has a new policy to vary how water is delivered.

Mr. Fieldman said it has to do with accountability and responsibility. In some situations an Association could pay only a partial payment, and the decision as to who gets shut off is a problem. He likes to align accountability and responsibility with each customer.

Commissioner Sandack said he thinks there are other instances of homeowners’ associations. The Village needs to be consistent. With respect to this situation, he sees why things were done the way they were done, and he can understand the interpretation issue. He does not favor making them undue what has been done.

Commissioner Waldack said he agrees with Commissioner Sandack. He said that if compliance is required, it can affect the quality of construction.