Village of Lombard Legistar System

President Mueller thanked the members of the Zoning Board of Appeals for their

service. He stated he hoped to complete this meeting by 7:15pm so they could attend

the reception for the new firefighter in the Community Room.

Village Manager Hulseberg requested Acting Director Heniff to give an overview of the

memo dated June 5, 2008.

Acting Director Heniff stated the memo concerned corner and side yard fence heights.

He stated currently the Code allows for a four foot fence. Prior to 2000, a permit was

not required for a fence. In May 2002 a workshop was held with the Plan Commission

seeking input on fence regulations and in December of 2004 a workshop was held with

the Zoning Board of Appeals seeking input on amending the Zoning Ordinance with

respect to fence height in the corner side yard. He stated in February 2005 another

workshop was held with the Plan Commission where the corner side yard issue was

revisited.

Trustee Fitzpatrick arrived at 6:34pm.

Acting Director Heniff stated in 2007 the fence issue was also reviewed by the

Transportation and Safety Committee regarding the clear line of sight. He stated that

between 2005 and 2007 there have been a significant number of fence permits obtained

and only seven received variations. He stated staff supported the Code as written.

Zoning Board of Appeals Chairperson John DeFalco read a letter from Zoning Board

member Keith Tap who could not be in attendance at the meeting. Mr. DeFalco stated

that the Code works in most cases. He checked with Downers Grove and Glen Ellyn

and they have a four foot maximum and Carol Stream has a five foot maximum. He

stated there are gray areas involving swimming pools and privacy close to schools. He

concurred with staff to leave the Code as written and leave the four foot maximum and

allow requests for variances. He did not feel the Code should be modified for the

variations. He stated he had served on the Zoning Board of Appeals for ten years and

most of the other members had also been on for ten to twelve years. He stated he was

disconcerted the Village Board had overturned the Zoning Board of Appeals

recommendations as the members seriously deliberate on a request and feel that there

is a true reason and justification for the recommendation they forward to the Village

Board based on their findings. He stated the members are puzzled when the Village

Board makes a different determination. He inquired how the Village Board members

review a variation differently then the Zoning Board members.

Trustee Soderstrom stated he has no overwhelming desire to change the Code and felt

the Code should be left at four feet. He stated if there were mitigating circumstances

such as a pool or close to a school, those variances could be approved if there was a

true reason.

Trustee Moreau stated residents want privacy because they live on a well-trafficked

street and a four foot fence does not allow that. She stated there were three variances

requested in District #4. She inquired as to what the commonality was in the fence

variation requests.

Acting Director Heniff stated a six foot rear yard fence request is common and a five foot

for the side yard.

Trustee Gron stated he has concerns with residents with dogs and pools especially if

they are near schools.

Trustee Tross stated that he has never seen a fence variation that he did not like. He

stated there were four fence variations in 2005 in his district. He stated passing the

ordinance requiring residents to obtain a permit for a fence requires them to comply with

the ordinance. He felt that changing the ordinance would not stop fence variation

requests. He stated the Village Board has reviewed the fence regulations three times

and the Zoning Board has reviewed this twice and there has been a lot of discussion

about this. He stated the staff sees the Code as black and white and that is what they

are supposed to do and the Zoning Board is then in charge of the gray areas. He stated

he appreciated what the Zoning Board of Appeals members do and knows that it is done

with sincerity. He stated he knows the Zoning Board members do their jobs and he also

felt the Village Board members do their job. He stated the Village Board is there to

represent the constituents of the Village. He stated there were 694 Fence permits

issued and of those only 7 requested a variation.

Trustee O'Brien stated he was not crazy about fence variations. He stated the Trustee

in the district generally is in charge of the recommendation to the Village Board. He

stated he does not like variances unless there was a reason for the request. He felt the

Village Board should stick to the rules of the road and not overstep their bounds.

Trustee Fitzpatrick inquired how many residents requesting a taller fence change their

mind after learning the Code regulations.

Acting Director Heniff stated that as a wild guess more than half will modify their request

to meet the Code and some just walk away.

Trustee Tross stated the fee for a variance is $450.00 and a person paying that fee has

no guarantee that they will receive approval.

Trustee Fitzpatrick stated the average third grader is four feet tall and she felt children

are bigger than they used to be. She felt the fence height was a safety issue. She did

not have a problem with the appearance of a five foot fence. She felt that if a resident

requested a five foot fence, the resident should be allowed to have it and not pay

$450.00.

Trustee Soderstrom stated residents have a right to privacy and agreed with Trustee

Tross. He stated this issue is like a nagging tooth ache. He inquired if the ordinance

was changed to five feet, if the Village Board would hold to it or would they then be

willing to allow a six foot fence.

President Mueller stated if the Code was changed, the Board would still receive fence

variation requests for six foot fences. He did suggest lowering the fee. He felt if the

Code was changed to six feet, residents would want seven foot fences.

John DeFalco stated that 6.6% over five years were only the people who received relief

and does not consider those fence variations that were not approved. He did feel

privacy was an issue. He felt our government was to represent all the people. He felt

by granting a five or six foot fence on a corner side yard to a resident, that the Village

was not respecting the rights of the neighbors whose views were then obstructed. He

felt residents moving into the Village have a choice of having a corner side yard lot or

not and the advantages and disadvantages of that location.

Trustee Soderstrom stated there were no cases looking for a variation that did not

receive one.

John DeFalco stated government exists as a social contact and if there was no

government and no ordinances, residents would put up fences with no regulations. He

stated when a solid stockade fence is put up in the front yard, it intrudes upon the

neighbor's view. He felt when granting a fence variation request, the Village Board

should look at the rights of the neighbors.

Val Corrado stated he did not understand the reason for the Village Board overriding the

recommendation of the Zoning Board of Appeals. He stated the members spend a lot of

time on each case and they make certain that the neighbor's view is not obstructed. He

felt the resident should be able to do what he wants, but the neighbor should also be

considered. He felt the Zoning Board members were doing an excellent job. He

thanked the Village Board for inviting the members of the Zoning Board to the meeting.

Eugene Polley felt actions were not taken against residents who violate the Code and

erect a fence before obtaining a permit. He suggested additional information regarding

fences be put on Cable TV Channel 6. He felt that there were times when a six foot

fence would be beneficial such as Finley Road where there is a lot of traffic. He felt the

Village could do a better job enforcing the Code before a fence is installed.

Ed Bedard felt allowing stockade fences does not protect the rights of the neighbors. He

felt residents should be entitled to privacy. He stated the Code was written and should

be enforced.

Trustee Tross stated the clear line of site came to the Village Board before. He stated

that a resident wound up in tears over a fence issue. He stated the Zoning Board of

Appeals members are frustrated as they are going above their due diligence in

reviewing the fence variation requests. He also felt that changing the Code would not

change fence variation requests. He stated he thought that Menards only carried

standard four foot and six foot high fencing and not five foot. He did not think the Code

should be changed, but if it was, then he reminded the Village Board to look at the clear

line of sight and inverted corner side yard. He felt the ordinance worked.

Trustee Moreau questioned if any neighbors had complained about variances

Acting Director Heniff stated that a fence that is installed without a permit goes to Code

Enforcement.

Greg Young indicated a current neighbor may not have a problem with a fence, but

questioned a future neighbor having an issue with a fence. He stated there were seven

requests for corner side yard variations and all seven were approved. He asked why

not change the Code?

President Mueller stated he could not tell the Board how many times neighbors

complained about fences and sometimes the resident who installs a fence, does not like

it after it has been there a while.

Trustee Tross reminded the Board of the incident where a garage was built on a shared

driveway and a chain link fence was later installed. He also remarked about a resident

with a board-on-board fence at the rear of their property, the neighbor putting up a chain

link fence and the issue of weeds growing between the fences.

President Mueller felt there should be no more shared driveways allowed in the Village.

President Mueller asked for a consensus of the Village Board regarding fences. He

asked who was in favor of leaving the ordinance. Trustees Moreau, Fitzpatrick and

Gron said no and Trustees O'Brien, Tross and Soderstrom said yes. President Mueller

said yes.

Trustee O'Brien stated he appreciated the work the Zoning Board of Appeals had done.

President Mueller asked that the meeting between the Village Board and Zoning Board

of Appeals be adjourned.

President Mueller called Acting Director of Public Works Dave Gorman to the front.

Acting Director Gorman introduced Jeff Drenth, Cameo Drenth, Shaun Stillwell and Joe

Jakubik, Public Works employees, who spearheaded the golf outing that raised funds for

Family Shelter and the Food Pantry.

Joe Jakubik stated three years ago, the Public Works Department organized a golf

outing for fun and it has since turned out to be a fundraising event. He thanked Western

Acres for allowing them the use of the facility. He also thanked the other volunteers

such as his wife, Shaun's wife, John Gottfried, Rick Shereck and Jim Izzi. He reported

51 businesses donated prizes and residents also contributed. They are trying to get

word out to everyone in the Village. He stated almost $5,000 was raised and will go to

the Lombard/Villa Park Food Pantry and the DuPage Crisis Center.

President Mueller thanked the Public Works staff for all of their work during the last

storms. He also thanked the Village Board members as they were out checking flooded

areas and helping residents. He stated he appreciated all the extra efforts that were put

in by everyone to help the residents in need. He also expressed appreciation to the

Police and Fire Departments. He was happy to say that no one was injured. He stated

he knew a couple of people in other towns were injured and some had lost their lives as

seen on television. He reminded residents to contact the Village if they observed any

problems and not to try and take the situation into their own hands such as the men who

lost their lives by being swept into a storm sewer in another town.

President Mueller asked Trustee Fitzpatrick, Chairperson of the Community Relations

Committee, to the front.

Trustee Fitzpatrick reminded residents of the Senior Fair to be held on September 24

from 9:30am-2:30pm at the Lombard Commons building. She stated the male and

female Seniors of the Year are usually announced at the Fair, but this year they decided

to announce the winners at the Board meeting. She stated the nominees for female

Senior of the Year were Alvina VanDenend, Marymae Meyer and Beth Simmons. She

announced the winner was Alvina VanDenend. Trustee Fitzpatrick asked Richard

Loerop, the person who nominated Ms VanDenend to come up to the front.

Richard Loerop stated Ms. VanDenend and her late husband founded Life on Wheels in

1987 providing outings and lunches for wheelchair bound seniors four days a week. He

stated that each day she has 6 volunteers who help her take these people to various

locations such at Yorktown, Oak Brook, the Arboretum or on a scenic ride and provide

them with lunch. He said she used contributions to purchase a bus to transport the

wheelchair-bound people to various locations.

Alvina Van Denend stated she sends out a newsletter twice a year and raised over

$50,000 to help purchase the bus.

President Mueller suggested the Public Works staff look at helping the Life on Wheels

organization.

Trustee Fitzpatrick thanked Marymae Meyer and Beth Simmons and stated their

nominations would be on the Village website. She stated Elvina VanDenend would be a

special guest at the Senior Fair.

Marymae Meyer stated she was speechless for the first time in her life.

Trustee Fitzpatrick said the nominations for male Senior of the Year were Mike

Mikulecky, Raymond Dorn, Ray Thompson, Michael Wolatz and James Gresak. She

stated the winner was Mike Mikukecky. She asked John Curley, who nominated him, to

come up.

John Curley stated Mike was busy and active in the scouting programs in DuPage

County, the Sheriff's Committee, the Citizen Police Academy, and the American Legion.

Trustee Fitzpatrick thanked everyone for their nominations and stated she was looking

forward to seeing everyone at the Senior Fair.

President Mueller called Acting Director of Public Works Dave Gorman to the front.

Acting Director Gorman introduced Tom Ryan, Water/Sewer Pump Supervisor and

asked him to come forward. Acting Director Gorman stated Tom Ryan had been given

the Water Plant Operator of the Year Award. He said he knows he is always

trumpeting about the Public Works staff, but felt the staff deserved the praise. He stated

the association was 77 years old, had 1,100 members and was sponsored by the Illinois

Environmental Protection Agency. He stated this was the highest award an operator

can receive. He stated Tom had made significant strides at the Water Plant with

operations, training and installation of systems. Tom Ryan's name will be added to a

plaque in Springfield.

President Mueller also stated that Tom was very involved with the scouts over the years.

Tom Ryan stated the award was not for just himself, but all the Public Works employees

and water plant operators. He thanked the Village Board for their support.

Village Clerk Brigitte O'Brien read a proclamation for Kiwanis Peanut Day. President

Mueller called Kathy Lawrence from Kiwanis up to the front.

Kathy Lawrence spoke about the new BUG program - encouraging students to bring up

their grades from a D to a C, from a C to a B. She stated the pilot program began at

Manor Hill School and is moving to four other schools. She spoke about the Read

Around the World program at the Library. She stated that will be scheduled in February

and costumes from around the world are encouraged and they also have foods from

around the world. She spoke about the Kid ID program at the Salvation Army and Park

District where pictures are taken of the children and she hopes they never have to use

the program to help find a missing child, but it is in place in case it is needed. She also

reminded residents of the help given to the Food Pantry and PADS. She reminded

residents of a program at Buona Beef where if a resident brings in a coupon, part of the

money collected goes to Kiwanis to help raise funds for scholarships. She asked

residents to grab those peanuts this weekend.

Trustee Greg Gron, Chairperson of the Environmental Concerns Committee, spoke

about the Recycling Extravaganza . He stated despite the weather, the event was a

success. He stated the parking lot was flooded and the volunteers had to stay under the

overhang of the building. He stated they collected between 70-90,000 pounds of

electronics, 200 cell phones, glasses and batteries. Trustee Gron thanked the Dave

Gorman, John Johnson, the Public Works staff and all the volunteers who were out

there working. He also thanked the Garden Club for their involvement in the collection

of plastic and clay pots. He noted there had been three cases of West Nile virus

reported and confirmed. He reminded residents to be aware and take precautions until

after the first freeze. He reminded residents of the Prairie Days event being held on

Sunday from 11am-2pm.

President Mueller thanked the committee for all of their work. He stated that 400 cars

came to the recycling event on Saturday.

Trustee O'Brien stated the Senior Man of the Year was at the event and thanked him.

Trustee Dick Tross, Chairperson of the Transportation and Safety Committee, stated the

committee had met. He stated the sewer stub ordinance appears on the agenda tonight

and the ordinance runs parallel with the first responders and sewer back-ups. He stated

staff will make a recommendation that the homeowner either call their own plumber or a

Village-authorized plumber.

He further stated there was also an item on the agenda regarding a waiver of bids and

authorizing a contract with All Plumbing Services. He stated if the homeowner uses the

Village plumber and the problem is on the Village side, the homeowner will not see a bill.

He stated the Public Works staff needs to be contacted so an employee can be there

while the work is being done. He stated this was an excellent program and that staff

was available 24/7 365 days a year. He reminded residents if the Public Works facility

was not open, to call the non-emergency number for the Police Department and they will

contact a staff member via beeper.

He stated the reason that Trustee Soderstrom had to pay his bill was that the Village did

not have a contract with the plumber. He stated the next meeting would be October 14

and there were a very long five items on the agenda including flooding.

He thanked the Public Works, Police and Fire staff for their help during the latest storm.

He also reminded residents if they had flood debris to dispose of, to contact the Public

Works Department. He urged residents to call Public Works not only for the debris

pick-up, but also as this will help the Village map the flooding areas. He stated that

Lombard fared well compared to some other surrounding villages like Addison and

Naperville. He stated Carol Stream had 500 homes flooded and Addison had 248 under

water. He stated ten inches of rain was reported in 72 hours, but that was still not as bad

at in 1987. Trustee Tross again stated it was imperative for residents to call Public

Works so that the Village could map the flooding accurately.

President Mueller thanked the staff again for all that they did to help residents. He

stated the Lombard Fire Department was sent to assist Addison. He stated Addison

closed down a lot their stations and had to rescue residents. He stated the Village

Board was waiting for a report from the Public Works Department on the flooding. and

that was expected to be done within ten days. This report would then be referred to the

Public Works Committee. He announced the special sticker program was initiated and

residents who experienced flooding could obtain stickers at the Village Hall, Public

Works and the Police Facility. He encouraged residents who had any very unusual

circumstances, to contact Village Manager David Hulseberg. He stated residents are

requested to call their insurance companies, contact the Village and then a report will be

made to the Village's Emergency Management Agency. He said the information is then

documented and can be used for federal funds and aid for those families who suffered

losses. He also said if all the flooding is not documented, then the aid may not be

granted. He stated he remembered storms of years ago when he was a trustee, and

that much has been accomplished since then. He stated there were typically 75-100

homes that flooded and now it is about 40 close to the ponds. The Village will be

looking at the flooding areas and trying to determine what can be done.

He was happy to advise that no one was lost or injured and there were no major fires.

He indicated the Village will work on the issues, but without the necessary information, it

would be difficult. He encouraged residents to not only call if they see a clogged storm

sewer when there was a storm, but to call Public Works if they see or knew of a problem

Village Manager David Hulseberg expressed his appreciation to the Police, Fire and

Public Works Departments. He stated as he was touring the Village, he saw neighbors

helping neighbors. He reported that Consent Item O regarding the salt pricing is being

referred to the Attorney General's Office.

Trustee Soderstrom expressed appreciation to Public Works for the hard work involved

with the sewer stub ordinance. He thanked Public Works for all of their hard work with

the storm over the previous weekend. He added that a resident called for assistance

and the Public Works crew was there within ten minutes. He expressed appreciation to

Acting Director Dave Gorman for a job well done.

President Mueller announced that Village Clerk Brigitte O'Brien had a special day the

day before as it was her birthday and wished her a happy birthday. He congratulated

Trustee Jack O'Brien on having a 278 bowling game.

Trustee O'Brien remarked that he got lucky.

President Mueller announced that some of the Village Board members would be

attending the Illinois Municipal League Conference in Chicago next weekend and that

Lombard was being honored with an Honorable Mention for the Illinois Arts Friendly

Award. He stated the Village partnered with School District #44 and that next March the

Village and School District #44 will host the art show in the Community Room as they

had done in the past.

Acting Community Development Director Bill Heniff gave an overview and powerpoint

presentation regarding the proposed text amendments. He stated the proposed

amendments came from the 2007-2008 Strategic Planning Session, surveys, and

various focus group meetings. The changes are geared toward the front yard setback of

homes being built today.

Trustee Tross questioned the size of the garage doors.

Acting Director Heniff stated the minimum was 16 feet or 42% of the building.

Trustee Tross questioned the use of a double door and a single door.

Trustee Gron inquired about two nine-foot doors.

Acting Director Heniff stated that was acceptable.

Trustee O'Brien inquired how many garages were currently in violation.

Acting Director Heniff stated the trend is now toward three-car garages. He stated the

text amendment is to control the size of the garage to the size of the house. He stated

the Village was looking at not having the garage become the architectural feature of the

house.

Trustee O'Brien questioned if a three-car garage sideways was permitted.

Acting Director Heniff stated 500 square feet of garage was the maximum in front of the

house.

President Mueller inquired if sideways garages were permitted. He stated in talking with

a realtor recently, the realtor stated the question is no longer how many bedrooms, but

how many car garage does the house have.

Trustee Tross stated people have more toys and want more garage space. He also

reminded the Village Board that changing the ordinance does not preclude residents

from going to the Plan Commission for a variance. He felt the economy would not bear

four-car garages, but that the time will come when people will look for four-car garages.

Village Manager Hulseberg requested Acting Community Development Director Bill

Heniff to review his memo of September 10.

Acting Director Heniff stated the Village was attempting to establish a Lombard

Community Vision Plan, identifying goals and objectives with downtown including the

property at 101 S. Main Street, which was a gift to the Village. The Village will be looking

at obtaining public input. He stated the Village sought proposals and the Board voted in

2007 to demolish the structure.

He reported letters were sent to the chief executive officers of other government entities

in town regarding interest in the property. The responses conveyed no specific interest

in the property. He stated that Lombard Town Center requested to have an active role

in the decision-making process. He stated the process would include hiring a

consultant, getting input from residents and report on the findings. The estimated cost

would be $15,000. A real estate market analysis would be included to help determine

what recommendations have validity and merit. There would be a timeline set and

would probably begin in November and be completed by March. The final report would

then be sent to the Village Board.

President Mueller requested a motion to authorize the Village Manager to enter into a

contract not to exceed $15,000. He stated this would be similar to the Vision Plan that

the Village has but would incorporate the downtown and be reviewed each year. The

Village Board members would be asked to rank the items. He spoke of extending the

downtown area to the Prairie Path or Washington. He stated the economy is slow and

this is a good time to proceed so that when the economy changes, the Village will have

a plan in place. He stated committees have been used in the past. There are no real

interested parties at this time for the 101 S. Main property. He reported residents have

been promised they can provide input as well as businesses. He suggested getting

everyone involved and have a meeting for residents in the area. He stated the Texan

Barbecue just closed, but a contract is being worked on for another restaurant to open

at that location and the contract will be signed tomorrow. He suggested town hall

meetings for residents to be able to attend and speak. He stated there are options as to

who could run the meetings including himself, Trustee Tross, Trustee Moreau or a

consultant.

Trustee Fitzpatrick stated she had concerns with hiring a new Community Development

Director and possibly getting his thoughts. She felt more residents should be invited to

the meetings including condo owners, residents on Elizabeth and the other side of the

tracks. She wanted to get input about the building height and what the residents want in

the neighborhood.

President Mueller stated he did not want staff left out and wanted everyone involved.

He did not want to isolate 101 S. Main Street. He wanted this included as part of

downtown. He indicated the area to the Prairie Path or Washington may be included in

the planning. He wants to hear from everyone and leave no one out.

Trustee Tross stated he had no problem withe the $15,000 compared to what has been

spent on downtown. He indicated it was the 20th year since the TIF was passed.

Attorney Bayer stated it was passed in February of 1989.

Trustee Tross stated twenty years later and the Village Board is still talking about

downtown. He stated the land at 101 S. Main has been vacant for a year and a half and

government can not control it. He felt the free market would determine a value. He

questioned what has happened with the Lombard Towne Center plan. He spoke about

a restaurant loan for Starbucks downtown and they decided they did not want to be

there.

President Mueller stated he worked with Starbucks, but he shyed away from having

Starbucks downtown and putting four coffee shops out of business in the downtown.

The Mayor of Elmhurst thought Lombard was nuts for not pursuing Starbucks in

downtown. Bill Mueller stated he heard that a Starbucks was closed and he thought it

might be the one in Elmhurst. He stated he wanted to bring the Board together and

move forward.

Trustee Tross stated that in the 1970's the Board talked about sidewalks and parking

meters. He stated if Yorktown had to wait and go through the process, he doubted it

would be there. He stated he was expecting Lombard Town Center to do some

wonderful things.

Trustee Moreau stated she understood the frustration and did not think Lombard Town

Center was able to fix the problems.