Elmhurst Mayor Criticizes Council's Land Action

ELMHURST, IL – A relatively small land transaction prompted a half-hour debate during Monday's Elmhurst City Council meeting.

The council ended up unanimously approving the sale of 375 square feet in an unused alley. The price, though, drew criticism from Mayor Scott Levin, who can only vote in ties.

Resident Cherrie Smith requested the city sell the alley land, which is next to her house in the 100 block of North Myrtle Street. The extra space would let Smith cover her back patio as part of a new house, the city said.

Under a 2009 city policy, the starting point of discussion of selling such land should be a price of 16.5 percent of the fair market value.

But the council's public works committee increased the price to 24.8 percent of the market value. That means a price of $2,928, about $1,000 more than the $1,952 at 16.5 percent.

Smith asked the council to reconsider.

"We're not sure where the figures came from," she said.

Some aldermen agreed, saying they favored reducing the amount to $1,952.

Alderwoman Marti Deuter said previous examples since 2009 showed the city has stuck to 16.5 percent of land value in the sale of alley land. Sometimes it's been lower or even zero, she said.

"I believe we should follow the policy and be consistent with our policy," Deuter said. "We have an obligation to treat our residents fairly and consistently."

Others backed her position, saying the city benefits by getting property tax money when it sells unused alleys.

Alderman Michael Bram, a committee member, said the amount was a compromise, with the committee landing at the higher amount.

"For anyone to hint that the committee did not use this policy as a guideline, I would say is very inaccurate at the gentler of terms," Bram said. "I believe property, no matter who owns it, is an asset."

He said the amount of the increase was not significant.

"I believe we should charge what is appropriate" and that the committee's number was appropriate, he said.

Alderwoman Noel Talluto said the land has no value to the city. She said the city would even gain by transferring the property to another owner for free, given the future tax money.

"It does come across as nickel-and-diming our residents who are trying to improve their property as one of the proponents of the (higher amount) says that it's not that much money," Talluto said. "Yet we're going to nickel-and-dime our residents for not that much money. It comes across as inappropriate."

The council voted 8-6 against selling the land for the lower amount. In the minority were Deuter, Talluto, Mike Brennan, Jennifer Veremis, Tina Park and James Nudera.

The council then voted unanimously for the higher amount.

Mayor Levin weighed in after the vote.

"Sometimes the committee doesn't get it right, and in this case, I don't think they got it right," Levin said.

The committee is headed by Alderwoman Emily Bastedo and made up of aldermen Bram, Brian Cahill and Karen Sienko.

Levin said no one on the committee articulated a reason to go beyond the standard of 16.5 percent.

"In fact, one of the committee members said it should be 100 percent because that was their opinion. Hence, the compromise," the mayor said. "But that's not how we set policy. People in our town have a right to know that when they come forward, they have an expectation that the precedent, though not legally binding, sets an expectation. And now we have set a new expectation."

Levin also disagreed with the arguments that all parcels are considered assets.

"I want to say that in my opinion, all land does not have value," he said.