Thursday, March 21, 2002
7:30 PM
Village of Lombard
Board Room - Village Hall
Village Board of Trustees
Village President: William J. Mueller |
Acting Village Clerk: Barbara Johnson |
Trustees: Joan DeStephano, Richard J.Tross, |
Karen Smith-Koenig, Steven D. Sebby, |
Kenneth M. Florey and Rick Soderstrom |
Meeting Minutes
Village Board of Trustees
Meeting Minutes
March 21, 2002
REGULAR MEETING - MARCH 21, 2002 - 7:30 P.M.
Village President Willliam J. Mueller, Council Member Suzan Kramer, Trustee |
Joan DeStephano, Trustee Richard J. Tross, Trustee Karen Koenig, Trustee |
Steven Sebby, Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
Present:
BOARD ROOM
Broadcast on Cable TV Channel 6
I
Call to Order and Pledge of Allegiance
The Regular Meeting of the President and Board of Trustees of March 21, 2002 was |
called to order by President Mueller at 7:33 p.m. in the Board Room of Village Hall. |
The Pledge of Allegiance was led by Clerk Kramer. |
II
Roll Call
Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President |
Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom. |
Appointed Officials Present: |
Village Manager William T. Lichter |
Assistant to the Village Manager Ellen Balsamo |
Finance Director Len Flood |
Village Attorney Thomas P. Bayer |
Village Attorney George Wagner |
Interim Police Chief George Graves |
Fire Chief George Seagraves |
Village Engineer Dave Dratnol |
Director of Public Works Stan Rickard |
Director of Community Development David Hulseberg |
Records Clerk Diane Jantelezio |
III
Public Hearings
None
IV
Public Participation
Bill Johnson, 914 S. Lombard, was there to address the Board regarding his petition for |
a variance to the required side yard setback. He said that he believes a precedent had |
been set at the addresses of 919 and 913 S. Lombard. He expressed his desire to save |
his green space and keep it open. He also pointed out that he could put a big garage in |
the middle of the property, and it would conform to code. |
Kathy McCabe, 20 E. Ash, spoke of her concerns regarding the proposed zoning |
changes, and especially how it may impact the Blake/Lamb property. She told the Board |
of a letter from a developer that had been received by a resident, which stated that a |
four story condominium development is going to be built at that site. |
Director of Community Development, David Hulseberg, replied that any proposal would |
require a public hearing to request a conditional use for a three or four story building. |
President Mueller asked Mr. Hulseberg if there have been any such submissions. |
Mr. Hulseberg answered that there were none. |
President Muller stated that such a request would have to be brought before the Plan |
Commission and then before the Village Board. |
V
Approval of Minutes
It was moved by Trustee Florey, seconded by Trustee Sebby, to approve the |
minutes of the Regular Meeting of the President and the Board of Trustees of |
January 3, 2002, and the Committee of the Whole Meeting of February 26, 2002. |
The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
VI
Committee Reports
Economic/Community Development Committee-Trustee Kenneth M. |
Florey, Chairperson |
Trustee Florey stated that the Committee met on March 12, 2002, but he deferred to |
Trustee Koenig who chaired the meeting, as he was unable to attend. Trustee Koenig |
stated that at that meeting, there were visitors from the Executive Boards from |
hometown groups in Westmont, Winfield and Elmhurst. She stated that informative |
reports were given as to the building of groups in their communities. |
She also stated that recipients of the Business Awards have been decided. |
It was also mentioned that April 10, 2002 is the Business Recognition Lunch at the |
Carlisle Restaurant in Lombard. |
Environmental Concerns Committee-Trustee Joan DeStephano, |
Chairperson |
Trustee DeStephano said that the Committee had not met since the last Board meeting |
and the next meeting will take place on March 26, 2002, at 7:00 p.m. at Village Hall. |
Finance Committee-Trustee Karen S. Koenig, Chairperson
Trustee Koenig reported that the Committee met on March 16, 2002 and at that time |
reviewed the five year financial forecast of the 2003 budget. She said that the |
Committee recommended approval of the budget, absent of a recommendation with |
respect to water rates due to pending information. This would be coming before the |
Board for first reading on April 4, 2002. She said the Committee had received and |
reviewed the sales tax information. She also spoke of the staff report given on the |
Village's credit rating of AA, which she said expresses strong fiscal management. |
Trustee Koenig said the Committee will meet with The DuPage Theater Ad Hoc |
Committee and Community Development on April 3, 2002. She also pointed out that the |
next regular meeting of the Committee will take place on April 18, 2002 at 5:00 p.m., |
which is a change from the calendar date of April 19, 2002. |
Public Works Committee-Trustee Steven D. Sebby, Chairperson
Trustee Sebby informed the Board that the Committee met on March 12, 2002, and |
several items on that evening's agenda were discussed, such as the "Worst First |
Sidewalk Policy for 2003". Also discussed were concerns about some streets with heavy |
truck traffic. |
Trustee Sebby stated the Committee will meet again on April 9, 2002. |
Transportation & Safety Committee-Trustee Rick Soderstrom, |
Chairperson |
Trustee Soderstrom said that the Committee met on March 4, 2002 and approved two |
items on tonight's agenda. |
Trustee Tross asked if the Committee would consider Route 53 at a separate meeting. |
Trustee Soderstrom responded by saying that Route 53 would be considered if there |
was germane information present. |
Trustee Soderstrom also said that the next scheduled meeting of April 1, 2002 had been |
cancelled. |
Community Promotion & Tourism Committee-President William J. |
Mueller, Chairperson |
President Mueller stated that the Committee had not met since the last Board meeting |
and the next meeting would take place April 18, 2002. |
Village Clerk- Suzan L. Kramer
Clerk Kramer reported that the Board of Local Improvements met on March 14, 2002, at |
which time BOLI approved the following payouts: |
1. SA 214 A&B, Harrison/Pleasant, totalling $14,487.11 |
2. SA 216, Ahrens, Highridge, Norton, School & Wilson, payouts totalling $650.00 |
3. SA 217 payouts and invoices totalling $19,771.63 |
She stated that the new business that was discussed included a presentation and |
discussion of the proposed detention options for SA 217, at the former Veteran's Hall |
Site. |
She said that they also welcomed a new BOLI member, Mike Lamplot. |
The next meeting will take place on April 12, 2002, at 1:00 p.m. |
VII
Village Manager/Village Board Comments
Village Manager, William T. Lichter had no comments. |
Trustee Destephano commented that at the last Board meeting, it was suggested that |
staff be called if the Trustees have any questions. She stated that she does call staff for |
information and will continue to do so, but she will also ask questions at the Board |
meetings if she feels it necessary. She also commented that she would like bids |
discussed in order to keep the public informed and she feels the Village does not go out |
to bid as much as is needed. |
President Mueller asked Village Attorney, Tom Bayer to explain Executive Session |
protocol. |
Mr. Bayer explained that all meetings must be open to the public, according to state |
statute, except in major subjects such as pending and/or probable litigation and the |
acquisition of real property. He also commented that this business may be discussed, |
but no final action taken. |
President Mueller mentioned Trustee Florey's birthday that was on the following day. |
President Mueller reported on the Nominating Committee of the DuPage Mayors and |
Managers Conference which presented the 2002-2003 Slate of Candidates for the |
offices of President, Vice President and Secretary/Treasurer at their monthly meeting, |
March 20, 2002. He stated that Village Manager, William T. Lichter was nominated for |
Secretary/Treasurer, Claudia "Gigi" Gruber, President of the Village of Itasca was |
nominated for Vice President, and himself, William J. Mueller, President of the Village of |
Lombard, for President. He commented that elections would be held at the Conference's |
Annual Meeting on Wednesday, April 10, 2002 at the Hall of Flags in the Howlett |
building in Springfield. |
He said that installation will take place on May 3, 2002, at the Conference Annual |
Dinner, which will be held at the Carlisle Restaurant in Lombard. He personally invited |
the Board and members of staff to attend the Annual Dinner and 40th Anniversary |
Celebration of the Conference, and asked that those interested in attending, speak to |
Carol Bauer, so she could make the necessary reservations. |
President Mueller also stated that the committee established by the charter members of |
the DuPage Water Commission of which he is a member, met and established the |
guidelines to proceed with in order to work with the County over the issue of providing |
water to the unincorporated areas. A fund has been established of $60,000.00 to cover |
the cost of any legal fees, the retainer for a lobbyist and other costs in protecting our |
rights as communities and charter members of the Commission. |
President Mueller went on to say that the committee met with the DuPage County Board |
Chairman, Robert Schillerstrom, to discuss the issues with the Water Commission. Mr. |
Schillerstrom's direction, stated President Mueller, is for a change in the method of |
operation of the Commission. The ideas that were presented were for municipalities to |
provide water to the unincorporated areas with no annexation agreements; a change in |
the formula for refunds to municipalities; a percentage of sales tax to be put into a fund |
to be controlled by the County for future water service to the unincorporated areas; and |
to conduct a financial analysis on how the commission is operated. Mr. Schillerstrom |
also said that although the shell bill has no wording, he is prepared to present legislation |
which will put new obligation on the municipalities, but will not take any of their current |
right of way under the law. President Mueller stated that the Committee will meet again |
April 1, 2002 and the Mayors of all Charter Members will meet April 3, 2002. |
President Mueller continued on to say that the Mayors recently met to receive a report |
from our representative on the DuPage County Emergency Preparedness Committee. |
He stated that this information was being given at this time to make residents aware that |
the Committee is meeting to discuss and prepare for any emergency which could take |
place in the Chicagoland area. |
He then stated that the Metropolitan Mayors Caucus Clean Air Counts Communities |
Campaign presented their program at the last meeting of the DuPage Mayors and |
Managers Conference. The Communities Campaign is seeking voluntary local |
government involvement in reducing ozone-causing emissions in the metro region. He |
has asked Mr. Lichter to review the material that was received and refer it to the |
Environmental Concerns Committee for review and recommendations to the Board. |
Trustee Tross had questions about the Water Commission and commented that |
DuPage County is not a charter community of the Commission. He stated that this will |
jeopardize water rates, and questioned how this proposal could be put under DuPage |
County's authority. |
President Mueller said that is why the this matter is being worked on. |
Trustee Tross commented that the residents and constituents should be informed and |
they may be able to get results. He also mentioned the Tree Towns program of twenty |
years ago that involved Lombard, Villa Park and Elmhurst. |
President Mueller stated that this is a way to pass a tax on to our residents at our |
expense and the County to take the credit. He said that Bob Palmer, who was involved |
in starting the Water Commission, would be appalled. He commented that the Water |
Commission serves everyone except 100,000 people, as 40,000 to 50,000 people are |
served by Cook County, and another 40,000 to 50,000 people who have chosen not to |
come on board, that leaves 20,000-30,000 people that are not being served. |
Trustee Soderstrom reported that the Johnsons, petitioners for ZBA 02-01, had |
contacted him in regard to their petition, and that Trustee Soderstrom wished to table |
the item to the meeting of April 4, 2002 in order to fully scrutinize the request. |
020089
It was moved by Trustee Soderstrom, seconded by Trustee Florey, to table ZBA |
02-01, 914 S. Lombard Avenue to the meeting of April 4, 2002. The motion carried |
by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
Enactment No: ZBA 02-01: 914 S. L |
Trustee Florey requested that item L, pertaining to Downtown Tax Increment Financing |
District, be removed from the Consent Agenda, as it involves clients from his law firm |
and he wished to abstain from the vote. |
Trustee Florey also questioned if the item regarding the Traffic Code Amendments |
relating to westbound truck traffic on Parkside from St. Charles Road, be delayed until |
the pending construction on Grace and St. Charles is completed. |
Village Engineer, Dave Dratnol, responded by saying temporary provisions would be |
made at that time as needed. |
Trustee Tross had multiple questions and concerns about zoning items regarding 240 |
East Progress Road and wanted a review by the Board, especially in regard to Lot 3 on |
Grace Street. |
Trustee Sebby commented that he felt this is a good use of the subdivision. He said that |
he has spoken with staff about his concerns regarding water and sewer not being |
extended down Grace Street, due to the uncertainty of residential or industrial status. |
Director of Community Development, Dave Hulseberg, stated that the property is zoned |
as business not industrial, and rezoning concerns could be workshopped if the Board so |
desired. |
President Mueller asked what Trustee Tross was requesting. |
Trustee Tross requested a workshop to discuss the matter and Trustee Sebby agreed. |
Trustee Tross then asked Mr. Hulseberg about PC 02-02, a fence variation on Charlotte |
and LeMoyne, as he found it hard to believe that with three ZBA items on that evening's |
agenda, why this matter just suddenly appeared on the agenda as an amendment to an |
ordinance. |
Mr. Hulseberg clarified the issue and assured Trustee Tross that this matter has gone |
through a Public Hearing and has come before the Plan Commission. |
VIII
Consent Agenda
It was moved by Trustee Soderstrom, seconded by Trustee Sebby, to pass the |
Consent Agenda, to suspend the rules, waive first reading and pass on second |
reading, waive competitive bidding and award contracts approve and adopt |
resolutions as needed for the following items and as read by the Clerk on the |
Consent Agenda. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
020123
This Matter was approved on the Consent Agenda.
020141
This Matter was approved on the Consent Agenda.
020142
This Matter was approved on the Consent Agenda.
*E. ZBA 02-02: 358 N.Martha (Moved to IX-K)
020055
This Matter was passed on first reading on the Consent Agenda.
Enactment No: 240 East Progress Ro |
020059
This Matter was passed on first reading on the Consent Agenda.
Enactment No: 240 East Progress Ro |
020098
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5088 Parks |
020125
This Matter was approved on the Consent Agenda.
Enactment No: "Worst First" Sidewa |
020154
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5080 Emerg |
020157
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5081 Taxi |
020121
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 130-02 FY |
020124
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 131-02 Li |
020137
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 132-02 Sp |
020147
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 133-02 11 |
020148
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 134-02 23 |
020149
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 135-02 18 |
020150
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 136-02 Cr |
020151
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 137-02 Cr |
020153
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 138-02 Ch |
020103
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 139-02 Un |
020053
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5083 641-6 |
020062
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5084 Amen |
020063
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5085 Amen |
020106
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5086 Alco |
020115
This Matter was approved on the Consent Agenda.
Enactment No: Pavement Markings an |
020122
This Matter was approved on the Consent Agenda.
Enactment No: Traffic Signal Maint |
020134
This Matter was approved on the Consent Agenda.
Enactment No: FY 2003 Asphalt Util |
020140
This Matter was approved on the Consent Agenda.
Enactment No: Compact Pick-up Truc |
020146
This Matter was approved on the Consent Agenda.
Enactment No: Leak Detection Servi |
IX
Agenda Items for Separate Action
010819
It was moved by Trustee Tross, seconded by Trustee Florey, to continue PC |
01-22, 1034 Woodrow, to the meeting of April 4, 2002. The motion carried by the |
following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
Enactment No: Ordinance 5090 1034 |
020060
Trustee Tross said that he would not be making a motion to change the item and he |
would support it. |
Trustee DeStephano said that she does not commend staff for the B5A designation. She |
also does not support the zero set back, or the four story condo useage. She felt that |
the Board would be setting a precedent for four story useage. She thought a traffic study |
should be done before rezoning, and would like a market analysis. She expressed her |
belief that staff does not recruit business. She did not want to see a piecemeal |
approach. |
Enactment No: Ordinance 5091 & 509 |
It was moved by Trustee Florey, seconded by Trustee Koenig, to pass on first |
reading, approval of a recommendation from the plan commission requesting text |
amendments to the following sections of the Lombard Municipal Code: |
Adding B5A to the list of Office and Business Districts. |
Sec. 155.417 B5A DISTRICT REQUIREMENTS |
Adding a new section to create a B5A zoning district along with development |
regulations for that district. |
Sec. 153.508 B5A DISTRICT REQUIREMENTS |
Adding a new section to create sign regulations for the B5A zoning district. |
(DISTRICTS #1 and #4). The motion carried by the following vote: |
Aye:
Trustee Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby, |
Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Joan DeStephano
1 -
020061
Trustee Tross asked if approval for rezoning requires a change of the Comprehensive |
Plan. |
Attorney Tom Bayer stated that if the Comprehensive Plan is inconsistent with this type |
of zoning, eventually the Comprehensive Plan may be changed. |
Dave Hulseberg stated that the Comprehensive Plan shows the area to be zoned |
business. |
Enactment No: Ordinances 5093-5095 |
It was moved by Trustee Sebby, seconded by Trustee Florey, to approve on first |
reading, a rezoning of the following properties: |
From the B1 District to the B5A District |
From the B2 District to the B5A District |
From the R2 District to the B5A District |
(DISTRICTS #1 and #4). The motion carried by the following vote: |
Aye:
Trustee Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby, |
Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Joan DeStephano
1 -
020152
Trustee Soderstrom inquired if the $139,000 for salary was dealing exclusively with |
public works salary and would this be a transfer for this purpose only. |
Finance Director, Len Flood, confirmed this. |
Trustee DeStephano wanted to make sure the public understands that these are |
administrative changes only. |
Mr. Flood stated that this does not impact 2002 or 2003 budget. |
Enactment No: Ordinance 5096 Budge |
It was moved by Trustee Koenig, seconded by Trustee DeStephano, to approve |
on first reading an Ordinance amending the FY 2001-2002 budget. (2/3 vote |
required). The motion carried by the following vote: |
Aye:
Village President Willliam J. Mueller, Trustee Joan DeStephano, Trustee |
Karen Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and |
Trustee Rick Soderstrom |
6 -
Nay:
Trustee Richard J. Tross
1 -
020161
Withdrawn and moved to the meeting of April 18, 2002.
Enactment No: Ordinance 5105 & 510 |
020160
Withdrawn and moved to the meeting of April 18, 2002.
Enactment No: Ordinance 5102 & 510 |
020159
Withdrawn and moved to the meeting of April 18, 2002.
Enactment No: Ordinance 5104 0S640 |
020155
Withdrawn and moved to the meeting of April 18, 2002.
Enactment No: Ordinance 5111 & 511 |
020158
Withdrawn and moved to the meeting of April 18, 2002.
Enactment No: Ordinance 5107 & 510 |
020156
Withdrawn and moved to the meeting of April 18, 2002.
Enactment No: Ord 5109 & 5110 Wes |
020090
Trustee Sebby said that he does not see this issue as a detriment, but would like this |
item to be tabled to the April 4, 2002 meeting, in order for the Trustees to view the |
property. |
Enactment No: Ordinance 5097 358 N |
It was moved by Trustee Sebby, seconded by Trustee Florey, to table ZBA 02-02, |
358 N. Martha, to the meeting of April 4, 2002. The motion carried by the following |
vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
The Lilac Parade Committee was at Village Hall, in the Library for a meeting. The |
members of the Committee came into the Board meeting and stated that a decision had |
been made on the Grand Marshall of the 2002 Lilac Parade would be. |
Chairman Matthews of the Lilac Parade Committee, came to the podium and announced |
that Dr. Ray Jurgensen had been chosen as the Grand Marshall of the 2002 Lilac |
Parade. |
Dr. Jurgensen stated that he was short on words, but appreciated the award this |
evening and appreciates the Committee's confidence in him. |
Trustee Tross mentioned that the Lilac Parade would take place on Sunday, May 19, |
2002 at 1:30 and the theme of the parade is Fads of the Twentieth Century. |
020162
It was moved by Trustee Koenig, seconded by Trustee DeStephano, to waive first |
reading and pass on second reading, approving a public hearing and a joint |
review board meeting to consider extending the life of the Downtown Tax |
Increment Financing (TIF) District and an amendment of the Redevelopment Plan |
and Redevelopment Project for the Downtown TIF District in relation thereto. The |
motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Karen Koenig, Trustee Steven Sebby |
and Trustee Rick Soderstrom |
4 -
Nay:
Trustee Richard J. Tross
1 -
Abstain:
Trustee Kenneth M. Florey
1 -
Enactment No: Ordinance 5082 Downt |
X
Agenda Items for Discussion
None
XI
Executive Session
It was moved by Trustee Sebby, seconded by Trustee DeStephano, to recess to |
Executive Session at 8:37 p.m. to discuss: |
Probable or Imminent Litigation |
Pending Litigation. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
Reconvene
The Regular Meeting of the President and Board of Trustees of March 21, 2002 was |
reconvened at 10:40 p.m. in the Board Room of Village Hall. |
Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President |
Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom. |
XII
Adjournment
It was moved by Trustee DeStephano, seconded by Trustee Sebby, to adjourn the |
Regular Meeting of the President and Board of Trustees of March 21, 2002 at |
10:41 p.m.. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -