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Committee of the Whole Minutes

AUGUST 3, 2020

Due to the COVID-19 pandemic, the Village Board meeting was conducted live remotely
via telecommunications.

Mayor Berman called the meeting to order.

In attendance: Mayor Dale Berman, Trustee Mark Gaffino, Trustee Mike Lowery, Trustee Laura Curtis, Trustee Mark Carroll, Trustee Tao Martinez, Trustee Mark Guethle

Staff in attendance: Village Administrator Steve Bosco, Finance Director Bill Hannah, Community & Economic Development Director Mike Toth, Village Attorney Kevin Drendel, Public Works Director John Laskowski, Police Chief Dave Fisher.


1. WBK Drainage Study
Public Works Director John Laskowski explained that in March 2019 the Village found a sinkhole due to the collapse of a 24” storm sewer, and water from that pipe flooded downstream farms, created a pond on Kane County Forest Preserve property and created a backup in the Tanner Trails 6 storm sewer. A repair was urgently needed at the time, and now the Village is looking into options for a new stormwater conveyance system for Tanner Trails 6 and in June the Village Board approved a proposal for a concept level stormwater study that would be conducted by WBK Engineering.
John Witte of WBK Engineering presented four options to the Board regarding approximately 7,000 feet of plastic pipe that is the current system, which he described as being in poor condition.
• Option 1: replace 4,000 feet of 24” diameter pipe with 36” diameter pipe and add additional manholes. It will not replace entire system, could still have leaks in older sections of pipe. Cost $669,000.
• Option 2: replace 4,000 feet of 24” diameter pipe with 36” diameter pipe and 3,000 feet of 24” diameter sewer, all concrete. Brings entire system to required capacity. Cost $1,073,000.
• Option 3: construct parallel storm sewer to supplement existing system, 12”-36” diameter pipes. Allows use of existing system while construction of new system. Does not mitigate the risk of failure of existing system. Cost of $828,000.
• Option 4: replace 24” diameter pipes with 36” diameter pipes and excavate ditch through depression on Forest Preserve property, which will create a reduction in length of proposed pipe. Cost of $1.25 million.
In the case of all options, Witte said additional manholes would be added as this stretch currently has manholes approximately every 800 feet while 400 feet is generally typical of this set up and would assist with maintenance.
Trustees expressed unanimous support in favor of option two, which would involve replacing the entire system. Trustee Guethele said he did not want to do a half job with the first option of only replacing a portion if updating and replacing the entire system would suit residents better. Trustee Gaffino agreed and said option one is two thirds of the cost of option two and only replacing half at that amount seemed like a waste.
Village Administrator Bosco said the next step would go back to WBK and review this as part of the budget process and look at the Village’s capital program.

2. Temporary Use for Motor Vehicle Service and Repair at 119 Butterfield Road
Community & Economic Development Director Toth explained that a new business, Red’s Garage, was in the process of setting up shop at 119 Butterfield Road; however, that property is not currently zoned for the special use that the motor vehicle repair would require. He was looking to the Board for direction on granting a temporary use permit for the business to operate in the interim while they went through the zoning process; which he said would likely not conclude until November.
Village Administrator Bosco said this came to the Village’s attention as they saw activity going on in the area and brought it immediately to the Board’s attention as given the Labor Day holiday the August 17 board meeting would be the last meeting for the next month in which for the Board to make a determination on a temporary use permit following the discussion tonight.
While all trustees agreed that Red’s Garage sounded like a viable, positive business they would like to have in the Village, trustees were divided on granting the temporary use permit in the interim of the business going through the zoning process. Trustee Curtis said the Village cannot let people go “rough-shod willy-nilly” over the Village’s zoning and ordinances and Trustee Gaffino said that the business did not do their due diligence before setting up. Trustee Carroll asked what the difference was between this particular business and any other that comes through and what was to prevent future businesses from starting up without proper zoning and then asking for forgiveness rather than permission. He said he is concerned about that process and the precedent it sets. Trustee Carroll said he believes the business should go through the entire zoning process before they are allowed to operate as all other businesses are required to do.
Village Attorney Drendel said any time the Village is inconsistent with the way laws are applied can open the Village up to potential claims of unfair treatment and could result in litigation, but it does not necessarily mean the Village could not “put our foot down in the future,” but that it would make it more difficult. Village Attorney Drendel noted as well that the business had no violation at this point as it has not yet opened for operation.
Village President Berman said he was not as worried about the idea of a precedent, but said he is worried that this invites someone to come into the Village and allowed to do something without any sort of consequence. He suggested some sort of penalty of possibly a monetary cost. Community & Economic Development Director Toth said that could be discussed and in making the ordinance there could be certain conditions laid out. He said the business would be required to submit a zoning application before the ordinance for temporary use came back before the Board.
Trustee Lowery also thought going forward a fine of some sort could be implemented to deter businesses for not doing due diligence in checking the zoning of their property, but said in this case he does not believe the Village needs to issue one and further remarked to the Board that they ought to have a “little bit of human-ness” for the business owner and his livelihood given the current circumstances with COVID-19 and asked the trustees to look at this on a human level.
Community & Economic Development Director Toth will bring back a temporary use ordinance to the Board at their next meeting to vote on.

See Executive Session Minutes

Motion to adjourn made by Trustee Guethele and seconded by Trustee Martinez. All in favor. Motion approved.

Respectfully Submitted,

Natalie F. Stevens
Deputy Village Clerk


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