Village of Lombard Legistar System

Upon Roll Call by Village Clerk Gerhardt, the following were:

Present: President Mueller, Trustees Borgatell, Schaffer Tross, Sebby and Kufrin

Absent: Trustee Florey

Quorum Present

Appointed Officials Present:

Village Manager William T. Lichter

Administrative Assistant Ellen Balsamo

Human Resources Analyst Donna Schroeder

Village Attorney Thomas P. Bayer

Village Attorney Janet Petsche

Director of Community Development David Hulseberg

Assistant Director of Len Flood

Fire Marshal Dean Maggos

Police Chief Leon Kutzke

Director of Public Works Stan Rickard

Assistant Director of Public Works John Burg

Village Engineer David Dratnol

Deputy Village Clerk Barbara Johnson

Penny Arnold, 527 E Washington, spoke on behalf of the Dupage Theater Visual and

Performing Arts Coalition announcing their upcoming "An evening of Storytellers" Friday

August 11th at the Maple Street Chapel featuring Marie Ringenberg and special guest

Elizabeth Ellis from Dallas. She commented that she was happy that there were some

good proposals received for the DuPage Theater Property.

President Mueller announced that there will be a special meeting of the Board of

Trustees to discuss the DuPage Theater property on August 1 at 7:30 p.m.

Patty Blazejack, 92 N. West Rd., spoke regarding SA 213. As an original objector she

said she was truly disappointed in the process and the politics. Many would have given

up the land for considerations but she felt that no accommodations have been made. by

the Village. She urged citizens to look to elect those who would cooperate and be more

environmentally conscious

Lisa Kenny, 151 S. Martha, spoke of requesting reimbursement for her sidewalks due to

the new Sidewalk Program at the Public Works Committee and said that they had

denied the request. She asked that the Board consider approving her request as she

had paid for her sidewalks only 5 months before the free program began. Trustee

Sebby said that the reason the Committee denied the request was not so much because

of this single case but the potential impact of many others who may ask for financial

relief. He said that as a Trustee of the Village the best thing for the Village at large is not

to reimburse sidewalks installed before the new sidewalk program was approved.

Jonathan Visick, 123 West Rd.,spoke saying that he still is hoping for changes to

accommodate those who object to Special Assessment 213. He spelled out how, in his

opinion, the 213 plan is a disaster.

President Mueller informed those in attendance that long time Board of Building Appeals

member, George Prignano had passed away suddenly this week. He said that Mr.

Prignano, a local Construction Company owner, had worked very closely with many at

the Village. He requested a moment of silent prayer in his memory and for his family.

Trustee Sebby said that the Committee had met on July 11 and learned that tentatively

work should begin August 10th on the project in Lombard Hills beginning on Troy. He

once again announced the vacancy on the Committee and asked for volunteers

especially from Districts 2 and 3 which are not now represented on the Committee but

there are several from Districts 1 and 6.

President Mueller indicated that Trustee Florey has one person from District 5 who is

interested in applying.

Trustee Tross had no report of a meeting but he said that he is proud that Family Fest

and Cruise nights are such great activities.

President Mueller thanked those who help with Cruise Nights and the Board who sent

letters to the businesses requesting them to remain open. He said that sometime

recently a truck hit a downtown light pole and cracked it, it chose to break during last

week's Cruise Nights and pulled other poles down with it causing power outages during

the event. He invited all to attend saying that people are coming from all over the area

and have such nice things to say about what a nice community Lombard is.

Trustee Kufrin suggested that since these events have become so successful, we

should have another activity in the South area of town.

Clerk Gerhardt, President of BOLI reported that at the July 10th meeting they

authorized a pay out $6,473.37 to Civiltech for Special Assessment 213. She said that

there is also a change order on tonight's agenda for Board approval to Trine

Construction in the amount of $15,069.76 for Special Assessment 213. The July

meeting was called and held in the evening so that people objecting to 213 could appear

before BOLI with their concerns. She further explained that there is an in depth report

from our Engineer on tonight's agenda regarding the BOLI meeting with the Special

Assessment 213 objectors so she deferred reporting on the matter. She commented

that we have made several considerations and changes to accommodate the objectors,

not everything that they asked for, but some things we have been able to do. In

conclusion, she said that the Village is doing nothing on Private Property, it amounts to

clearing away brush and trees on the parkway which is Village Property. The date for

the August meeting has not yet been finalized.

President Mueller commented on the favorable interest rate on the Installment Contract

Certificates. He indicated that we were able to get an interest rate of 4.8366 which is

the lowest we have ever had. This is due to our new rating with Standard and Poors

which is AA-, the highest rating we can get without being a Home Rule Community. He

thanked Len Flood and David Hulseberg for their work on improving the rating.

President Mueller commented that this saves our residents in taxes and Special

Assessment fees and is an example of the Village working well.

Trustee Borgatell spoke to the recent issues of Police and Fire, the complaints about the

departments in the newspapers. He requested that if there is real documentation or

examples of what the problem are people should come forward, but there needs to be

specific details in order to give the comments any credibility.

Trustee Kufrin said that he had received notes concerning St. Charles and the Great

Western Trail safety issues. He asked the Board if this should be looked at. President

Mueller said that there is some reluctance from the County. President Mueller asked

that staff look into it. Trustee Tross said that the transportation and safety committee

looked at this issue previously and the Committee found that the obligation is on the

recreational users of the path to ensure their own safety and not regulate vehicular

traffic.

Director of Public Works, Stan Rickard, gave the highlights of the report on Special

Assessment 213 as recommended by the Public Works Committee and the Board of

Local Improvements at their July 10 meeting. The recommendation included

1)maintaining the standard 28' roadway, (2)sidewalks on both sides of street (3)with

sidewalks to meander in order to preserve trees, (4) additional plantings and (5) for the

Village to begin to move ahead with property acquisition, which will involve going back to

Court.

Trustee Kufrin asked if this area comes back into SA 213, will it involve some activity of

the objectors or if there is some percentage of the objectors agreeing to the Special

Assessment for the area to go back into the Special Assessment.

Attorney Bayer explained that it requires that all of those who need to dedicate and sign

the appearance consent form if any one person decides not to join in it would require a

separate Special Assessment procedure. Attorney Bayer said that the Village can

proceed with a special assessment even if no one agrees to it. President Mueller asked

how many objectors there actually are and Bayer responded that 8 of the 23 were

formal objectors out of a total of 140 residences.

Trustee Borgatell said that he wanted to correct news stories about the large numbers of

trees which will be cut down when only 32 may be cut down. When the crews go out as

many good trees will be saved as possible, none will be removed from private property

and all that are removed will be replaced. The property ownership is an unfortunate

problem but he feels those whose properties need to be acquired will benefit financially

and it could even off set the costs of their Special Assessment charges.

Trustee Tross reminded objectors, in response to statements that no compromise had

been made, that 70 trees were saved last year. He said that most of the residents told

BOLI that they were pleased a year ago. He reminded that the Village is charged to do

things uniformly across the community. He said that there had also been concessions

made on the width of the sidewalks. He said that Fire personnel had ruled out traffic

calming devices in that area for life safety reasons. He suggested that unless all

residents agree to points 1 and 2, he does not support the improvement of West Road.

It was moved by Trustee Borgatell, seconded by Trustee Kufrin Jr.. The motion

carried by the following vote:

Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N.

Schaffer, Trustee Steven Sebby and Trustee Paul Kufrin Jr.

Trustee Kenneth M. Florey

Enactment No: SA 213B Committee Re

It was moved by Trustee Borgatell, seconded by Trustee Kufrin Jr., that the

Village Board approve the recommendation of the Board of Local Improvements

and the Public Works Committee regarding Special Assessment 213B. The

motion carried by the following vote:

Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N.

Schaffer, Trustee Steven Sebby and Trustee Paul Kufrin Jr.

Trustee Kenneth M. Florey

Scott Meers 1 N 518 Rt 53 wanted confirmation that the driveway will be located on the

South side of the church property, and David Hulseberg stated that it can be done. Mr.

Meers read a letter regarding parking for the Church by the area residents who are

concerned about increased traffic. He feels that making this a public use will be an

intrusion into the privacy of the neighborhood he asked for fences and landscaping

surrounding the church. He also asked that area lighting face into the lot and be

shielded from spilling into the adjacent residential areas. He presented a petition by the

area residents. Hulseberg said the property is surrounded by unincorporated properties,

that fences are not required by our Zoning Ordinance and the lighting requirements are

met in the plan that has been submitted for the Church

In response to a question by Trustee Sebby, Earl Ryan said that no materials would be

on the parkway. He explained that bricks and mulch will be located on the sides of

parking lot on their own property.

Community Development Director Hulseberg explained that the petition is for storage on

surplus right of way and they have a grand fathered use for outside display and now

they want to use the excess right of way for cars and outside storage.

President Mueller asked how we can give violation tickets to some for outside storage

and grant it to others. Some Trustees said that we would be establishing a precedent by

approving this petition.

In response to Trustee Tross's question, Mr. Hulseberg said that this property was

impacted by the recent changes in the comprehensive plan and that the use has been

going on for 30 years.

Trustee Sebby reminded the petitioners that a great deal of money has gone into St.

Charles Road and the Village wants to preserve the improved appearance.

Trustee Tross asked that having denied the conditional use that staff would not continue

to lease the properties and get away from leases. Hulseberg said that their direction

based on the disposition of this petition is to get the right of way back and turn it into

green space. Trustee Tross feels that we have effected the petitioner's business by

taking away their access area or driveway area. President Mueller asked that staff

contact the petitioner to further discuss the conditions of their petition.

When questioned about reconsideration rather than a new petition to the Plan

Commission, Attorney Bayer said that if it is reconsidered tonight it goes on the table

without further Public Hearings. There was discussion about bringing various properties

in the St. Charles Corridor into compliance. Tross reminded the Board that the petition

denied tonight called for the petitioner to bring his property into compliance. He urged

the Board to reconsider this matter tonight to avoid further time expended before the

property is improved.

Brian Forde of 1806 S. highland Avenue spoke regarding the petition and his concerns

with possible flooding due to this development. Director Hulseberg explained that there

would not be flooding as there would be detention on site and a gradual outflow to the

ditch on Mr. Forde's side of Highland. He added that this configuration is in compliance

with DuPage County Stormwater regulations which require that Stormwater be allowed

to flow in the natural direction it would flow if not diverted.