Thursday, August 21, 2008
7:30 PM
Village of Lombard
Village Hall Board Room
Village Board of Trustees
Village President: William J. Mueller |
Village Clerk: Brigitte O'Brien |
Trustees: Greg Gron, District One, Richard J.Tross, District Two, |
Jack O'Brien, District Three, Dana Moreau, District Four, Laura Fitzpatrick, District |
Five and Rick Soderstrom, District Six |
Meeting Minutes
Revised August 19, 2008
Village Board of Trustees
Meeting Minutes
August 21, 2008
I
Call to Order and Pledge of Allegiance
The regular meeting of the President and Board of Trustees of the Village of Lombard |
held on August 21, 2008 was called to order at 7:34 pm by Village President William J. |
Mueller. Village Clerk Brigitte O'Brien led the Pledge of Allegiance. |
II
Roll Call
Village President Willliam J. Mueller, Village Clerk Brigitte O'Brien, Trustee Greg |
Gron, Trustee Richard J. Tross, Trustee Jack O'Brien, Trustee Dana Moreau, |
Trustee Laura Fitzpatrick and Trustee Rick Soderstrom |
Present:
III
Public Hearings
IV
Public Participation
President Mueller asked for a moment of silence for the passing of Mark Stricker, |
President of Matteson, and William Alter, a builder in the Village of Lombard many years |
ago. He expressed condolences to the families of both men. |
President Mueller introduced Christine Yeager of Lombard Town Centre. |
Christine Yeager thanked the Village Board, the committee and staff for their support |
and introduced Laura Gergson, the newly-appointed Executive Director of Lombard |
Town Centre. She stated they had received a lot of resumes, but that Laura had a |
can-do attitude and had been recommended by Congressmen and Mayors. |
Laura Gergson stated she appreciated being invited to the Village Board meeting. She |
stated it will be a pleasure to serve the Village Board, the community and Lombard |
Town Centre. She stated she knows she can make a difference and will bring her |
knowledge to Lombard. She stated her compassion is contagious. |
President Mueller stated Astronaut Dan Tani had visited the Village yesterday. Dan |
Tani was in town to throw out the first ball at the Cubs game. He also sang during the |
7th inning. President Mueller stated that Dan Tani wanted to personally thank the first |
responders who handled the accident his mother was fatally injured in December. |
President Mueller stated that while Dan Tani was on his second space shuttle, his |
mother Rose Tani was killed. President Mueller stated that day-in and day-out the fire |
and police departments do an excellent job. He thanked Dan Tani for the beautiful |
photos that had been presented to the Fire and Police Departments. The photos |
contained 2,000 small pictures that made one large picture. |
Presentation - State Representative Carole Pankau |
State Representative Carole Pankau spoke about what was going on in Springfield. |
She stated the Senate voted on amendatory vetoes. One amendment that was passed |
was regarding insurance coverage for children up to the age of 26 and military |
personnel. She stated the property tax rebates did not pass. She stated one of the big |
issues was the retirement of Emil Jones and who would be his successor. She felt Emil |
Jones III would be selected. She stated the Democrats were jockeying for position. |
She stated September was the cut-off date for bills. |
Trustee Tross requested on behalf of public officials that Ms. Pankau help to |
communicate to Springfield the difficulty that local governments are having with all the |
unfunded mandates. He stated these actions are paralyzing local government. |
Trustee O'Brien stated he had been to Springfield twice. He thanked Ms. Pankau for |
coming to the Village Board meeting. He also encouraged her to vote against unfunded |
mandates. He encouraged her to bring other state officials to the Board meeting. |
Ms. Pankau stated that the Illinois Municipal League and DuPage Mayors and Managers |
Conference made some great strides with removing pensions out of the tax cap. She |
stated nothing is ever dead in Springfield. She stated she was sure it would come back. |
President Mueller thanked Ms. Pankau for coming to the meeting. He stated that |
Lombard has a budget and it is balanced, but that it was getting tough. He encouraged |
her to bring our legislaters to Lombard. |
Ms. Pankau stated the State budget was not balanced and way out of balance. She |
stated the State is getting further in debt. |
Trustee Tross encouraged Ms. Pankau to try and get the Capital Bill passed. |
Presentation - Safe Havens |
Village President Mueller called Chief Seagraves and Chief Byrne to the front. President |
Mueller stated Lombard was one of the first 100 towns to be in compliance with the Safe |
Haven sign law. He thanked both departments and stated the Village was proud to be |
included in this program |
Chief Byrne stated the law was a way for a parent to give up a child in a safe way |
instead of leaving a newborn child abandoned in an alley. He stated babies can be left |
at any hospital, fire station or police department and there will be no questions asked. |
Chief Seagraves stated he knew of only two babies that had been dropped off in twenty |
years - both at the fire station and one before and law and one after. |
Proclamation - National Payroll Week |
Village Clerk Brigitte O'Brien read a proclamation for National Payroll Week. Trustee |
Tross presented the proclamation to Director of Finance Tim Sexton. Director Sexton |
stated that the Human Resources Department and the Finance Department work hard |
to pay correctly and on time. |
* Swearing-in of three new Firefighter Candidates Alex Johnson, Gregory Bashore |
and Joshua Hays |
Village Clerk Brigitte O'Brien issued the Oath of Office to Firefighters Alex Johnson, |
Gregory Bashore and Joshua Hays. |
President Mueller stated the Fire Department had lost four thirty-year employees to |
retirement. He extended congratulations to Frank Angileri, Jim Streu, Glenn Foster and |
Greg Sauchuck on their retirements, wished them well and thanked them for their |
dedication. He stated the three candidates would help fill those vacancies. |
Fire Chief Seagraves introduced the three new candidates and also the new Fire |
Department Training Officer Jeff Holst who had been selected to fill Jim Streu's place as |
training officer. Chief Seagraves stated the candidates are enrolled at the Academy |
and will then be assigned to a shift. The Chief stated that bringing new personnel into |
the fire family was the best part of the job. He stated that getting through the first two |
years on the job is really tough. He said they will also have to attend EMT and |
Paramedic School. |
Each of the firefighters introduced family and friends who were in attendance for the |
swearing-in ceremony. |
President Mueller welcomed the new firefighters to the best Fire Department in the State |
of Illinois. He thanked the families for coming and wished the new recruits success. |
V
Approval of Minutes
regular meeting of May 15, 2008
It was moved by Trustee Fitzpatrick, seconded by Trustee Gron, to approve. The |
motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Moreau, Fitzpatrick and Soderstrom
6 -
VI
Committee Reports
Community Relations Committee - Trustee Laura Fitzpatrick, Chairperson
Trustee Laura Fitzpatrick, Chairperson of the Community Relations Committee, stated |
the committee had not met and the next meeting would be September 15. She |
reminded everyone that the Senior Fair was scheduled for September 24 at the |
Commons Building. She stated the committee was seeking nominations for the male |
and female Seniors of the Year award. |
Economic/Community Development Committee - Trustee Dana Moreau, |
Chairperson |
Trustee Dana Moreau, Chairperson of the Economic & Community Development |
Committee stated the committee would meet on September 3. She stated there was a |
grant request on the agenda from the committee. |
Environmental Concerns Committee - Trustee Greg Gron, Chairperson
Trustee Greg Gron, Chairperson of the Environmental Concerns Committee, stated two |
months in a row the Village realized a fuel savings by using the anti-idling procedure. |
He encouraged residents to also turn off their engines while they were parked waiting for |
someone. Trustee Gron spoke about the lightbulb give-away. He stated the committee |
had a table set up at the Taste of Lombard and gave away lightbulbs at the Bingo tent. |
He spoke about the great success of the Rain Barrel Program and that in the 30 days |
the first amount allotted for the grant had been used. He stated a request for an |
additional $5,000 grant was on the agenda. Trustee Gron spoke about the Recycling |
Extravaganza to be held on September 13 from 9am to 3pm and will be held in the |
parking lot on the northwest corner of North Avenue and Route 53. He reminded |
residents to enter on the Route 53 side. He stated the committee is working with the |
Garden Club and they will accept flower pots at the Extravaganza. Any clay pots |
donated will be painted and sold at the Prairie Days event on September 21 and any |
plastic pots will be donated to the Park District for planting. He stated that the $5,000 |
grant will pay for 62 barrels. He also stated the beautifully painted rain barrel will be |
raffled off at Prairie Days. He stated the next meeting will be August 26. |
Finance Committee - Trustee Rick Soderstrom, Chairperson
Trustee Rick Soderstrom, Chairperson of the Finance Committee, stated the committee |
had not met and the next meeting will be September 16. |
Public Works Committee - Trustee Richard J. Tross, Chairperson
Trustee Dick Tross, Chairperson of the Public Works Committee, reported the |
committee had met on August 12; is reviewing the Sewer Stub ordinance and the item |
had been tabled, but that changes may be necessary in order to maintain the same level |
of service. He stated the program was wonderful for those residents who had suffered |
from a sewer back-up and that a resident can call the Village 24/7 with a sewer back-up |
problem and if the problem is on the Village side, the resident does not see a bill. He is |
working with Dave Gorman, Angela Podesta and Tom Bayer on the changes and the |
changes will be brought to the Village Board after a positive recommendation from the |
committee. Change orders had been approved. He stated the next meeting will be |
September 9. He asked residents to be patient with all of the road construction and that |
everyone would be happy with Main Street and the Lagoon area when the work was |
done. |
Trustee Soderstrom questioned the policy and stated he called the Village with a sewer |
back-up. He stated he had to pay the plumber and the Village was going to reimburse |
him. |
Trustee Tross disagreed and stated that Trustee Soderstrom should not have had to |
pay the plumber. |
Acting Public Works Director Dave Gorman stated if the problem was on the Village |
side, the resident would not see a bill. |
Trustee Soderstron stated he was the resident and he did pay the bill. |
President Mueller suggested that Trustee Soderstrom talk to Acting Public Works |
Director Gorman regarding his sewer back-up. |
Transportation & Safety Committee - Trustee Jack O'Brien, Chairperson
Trustee Jack O'Brien, Chairperson of the Transportation and Safety Committee, |
reported the committee met on August 4 at the Village Hall even though there was no |
power due to the storms. The committee discussed parking on North Garfield, a request |
from All Star Cab for a license to operate in Lombard, the elimination of no parking on |
East Harding, and no parking at Stewart and 17th. |
He stated he attended the Circulator meeting in August and that will provide service to |
Yorktown, Main Street and Butterfield Road. |
Trustee Tross questioned the fence that Villa Park was to install along the Union Pacific |
Railroad. He stated the Village's fence was up, but questioned when the Village of Villa |
Park was going to install their fence. |
President Mueller stated the Village of Villa Park held a dedication for the fence and |
asked Acting Director Dave Gorman to follow up. He stated Villa Park had received a |
larger grant than Lombard. He reported there were a lot of small children in the |
apartments behind that area and the fence was supposed to be installed. |
Trustee Tross questioned a Village-wide speed limit study. |
Village Manager Hulseberg stated he was not aware of a Village-wide speed study. |
Village President Mueller stated he polled the Board prior regarding lowering the speed |
limit on all Village streets to 25 miles per hour, but that brings up other concerns. He |
stated there was an accident today where a car went through a yield sign striking a van |
and pushing it on its side. He felt education was important. He felt this issue should be |
referred to the Transportation and Safety Committee. |
Chief Byrne stated he did not feel that lowering the speed limit to 25 miles per hour |
would solve the problem. |
President Mueller suggested getting a speed study done for the Village to help the |
Board better determine action. |
Trustee Soderstrom stated the Board gave no direction the last time this issue came to |
them from the Transportation and Safety Committee. |
President Mueller stated the Village is not Home Rule. |
Trustee O'Brien stated that reducing the speed will not necessarily help. |
President Mueller felt it was easier if the speed limit was the same on all residential |
streets instead of being 25 in some areas and 30 in others. He felt the education |
process would be easier. |
Trustee Moreau questioned if lowering the speed limit did not work, what other options |
there were. |
President Mueller stated speed bumps. |
Acting Public Works Director Gorman stated narrowing the streets makes people feel |
like they need to drive slower. |
Trustee O'Brien stated the next meeting will be September 8 at 7pm. |
Board of Local Improvements - Trustee Richard J. Tross, President
Trustee Dick Tross, President of the Board of Local Improvements, reported BOLI had |
not met, but they had polled the members on 217A payments. The next meeting will be |
September 11. |
Community Promotion & Tourism - President William J. Mueller, Chairperson
President Mueller, Chairperson of the Community Promotion & Tourism Committee, |
reported the committee had not met. |
Trustee Soderstrom thanked the Public Works Department for the excellent response |
provided following the last storm. He stated the Village was fortunate that this storm |
was not as severe as the one in July. |
Trustee Gron suggested that residents holding block parties contact the Public Works |
Department as the Village still had a large supply of light bulbs that could be given to |
residents. He reported that light bulbs will be handed out at the Recycling |
Extravaganza, Prairie Days, the Senior Fair and at the Village Hall. |
President Mueller thanked Public Works for the great service they provided during the |
last storm. He also thanked Dave Hulseberg for his efforts the night of the storm to |
make certain that everything was under control. President Mueller reported the Village |
has been in contact with Pace and Yorktown trying to resolve the issues and that |
concessions were being made on each side to try and resolve the bus issue. As soon |
as the matter is resolved, information will be provided to the residents. President |
Mueller thanked Trustee O'Brien for sitting in on the meetings for him. |
President Mueller thanked everyone for the support, the prayers, the cards and phone |
calls. He stated the good news is his cancer is in remission after 14 chemo treatments. |
He reported he had to call the paramedics a few weeks earlier and thanked them for the |
great service they provided although he felt the ambulance did not ride very easily. He |
thanked the officials and staff for filling in for him and his wife Eileen for her great |
care-giving. He thanked Dave Hulseberg for being at the hospital. He reported he was |
on a maintenance program now and he hoped to get his strength back soon. President |
Mueller stated he was looking forward to moving on and that he was proud to be the |
Village President of Lombard where the people are so nice. |
VII
Village Manager/Village Board Comments
VIII
Consent Agenda
Payroll/Accounts Payable
A.
Approval of Accounts Payable |
For the period ending June 20, 2008 in the amount of $826,876.69. |
This Matter was approved on the Consent Agenda.
B.
Approval of Accounts Payable |
For the period ending June 27, 2008 in the amount of $393,644.30. |
This Matter was approved on the Consent Agenda.
C.
Approval of Village Payroll |
For the period ending June 21, 2008 in the amount of $894,447.83. |
This Matter was approved on the Consent Agenda.
D.
Approval of Accounts Payable |
For the period ending July 7, 2008 in the amount of $665,625.53. |
This Matter was approved on the Consent Agenda.
E.
Approval of Village Payroll |
For the period ending July 5, 2008 in the amount of $873,673.75. |
This Matter was approved on the Consent Agenda.
F.
Approval of Accounts Payable |
For the period ending July 11, 2008 in the amount of $452,466.41. |
This Matter was approved on the Consent Agenda.
Enactment No: Ordinance 6217 |
G.
Approval of Accounts Payable |
For the period ending July 17, 2008 in the amount of $277,544.11. |
This Matter was approved on the Consent Agenda.
H.
Approval of Village Payroll |
For the period ending July 19, 2008 in the amount of $883,848.09. |
This Matter was approved on the Consent Agenda.
I.
Approval of Accounts Payable |
For the period ending July 25, 2008 in the amount of $2,195,808.79. |
This Matter was approved on the Consent Agenda.
J.
Approval of Accounts Payable |
For the period ending August 1, 2008 in the amount of $635,295.28. |
This Matter was approved on the Consent Agenda.
K.
Approval of Village Payroll |
For the period ending August 2, 2008 in the amount of $807,923.24. |
This Matter was approved on the Consent Agenda.
L.
Approval of Accounts Payable |
For the period ending August 8, 2008 in the amount of $950,533.05. |
This Matter was approved on the Consent Agenda.
M.
Approval of Accounts Payable |
For the period ending August 15, 2008 in the amount of $447,204.12. |
This Matter was approved on the Consent Agenda.
Ordinances on First Reading (Waiver of First Requested)
N.
Sale of Surplus Equipment |
Declaring seventeen vehicles surplus and authorizing their sale at auction or salvage. |
Village staff is requesting a waiver of first reading. |
This Matter was waived of first reading and passed on second reading with |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 6212 |
O.
PC 08-18: 255 E. Wilson Avenue |
The Village of Lombard requests that the approval of the following actions for the |
subject property located within the O-Office District and R2 - Single Family Residence |
District: |
1. A map amendment to rezone the portion of the Village of Lombard Municipal |
Complex properties currently zoned R2 Single Family Residence District to the |
O - Office District. |
2. A conditional use to establish the subject property as a planned development. |
3. A variation from Section 155.505(A)(3)(e) of the Zoning Ordinance to allow |
off-street parking to be located in the required thirty (30) foot front yard. |
This Matter was waived of first reading and passed on second reading with |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance6213 & 6214 |
P.
PC 08-19: 1135 N. Garfield Street |
The petitioner, the Village of Lombard, requests approval of an amendment to |
Ordinance 6021, dated May 3, 2007 which granted approval of the following actions |
located on property within the I Limited Industrial Zoning District: |
1. A conditional use, pursuant to Section 155.208(C) to allow for more than one |
principal building on a lot of record; and |
2. A variation from Section 155.420(G) to allow for a building height of up to |
sixty-five feet (65') for a salt dome, where a maximum of forty-five feet (45') is |
permitted. |
This Matter was waived of first reading and passed on second reading with |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 6215 |
Q.
Text Amendment to Title 11 the Lombard Village Code (Coin-Operated |
Amusement Devices) |
Amending Title 11, Chapter 110, Section 110.21(C) of the Lombard Village Code |
changing the number of class provisions for coin-operated amusement devices. |
This Matter was waived of first reading and passed on second reading with |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 6216 |
R.
Ordinance Amending Residential Redevelopment/Construction Site Regulations |
Amending Title 9, Chapter 93, Section 93.02(B) and Title 15, Chapter 150, Section |
150.035 of the Village of Lombard Code of Ordinances. (DISTRICTS - ALL) |
This Matter was waived of first reading and passed on second reading with |
suspension of the rules on the Consent Agenda. |
Other Ordinances on First Reading
S.
North Garfield Street, No Parking |
Correction of No Parking area. (DISTRICT #4) |
This Matter was passed on first reading on the Consent Agenda.
T.
Intersection of Stewart Avenue and 17th Street |
Resident request to install No Parking signage. (DISTRICT #3) |
This Matter was passed on first reading on the Consent Agenda.
U.
East Harding, Elimination of No Parking |
Resident request to eliminate No Parking on the north side of Harding Road between |
Main and Charlotte Streets. (DISTRICT #6) |
This Matter was passed on first reading on the Consent Agenda.
V.
PC 08-09: 1050 & 1051 N. Garfield Street |
Requests that the Village approve the following actions for the subject properties located |
within the I Limited Industrial District: |
1. For the property located at 1051 N. Garfield Ave., grant a conditional use, pursuant to |
Section 155.420(C)(35) of the Zoning Ordinance to allow outside storage of motor |
vehicles. |
2. For the property located at 1050 N. Garfield Ave., grant a conditional use, pursuant to |
Section 155.420(C)(22) of the Zoning Ordinance to allow off-site parking. (DISTRICT |
#4) |
This Matter was passed on first reading on the Consent Agenda.
W.
ZBA 08-09: 1601 S. Main St. |
Requests a variation to Section 155.205(A)(1)(c)(2) of the Lombard Zoning Ordinance to |
increase the maximum allowable fence height in a corner side yard from four feet (4') to |
six feet (6') in the R2 Single-Family Residence District. (DISTRICT #3) |
This Matter was passed on first reading on the Consent Agenda.
X.
ZBA 08-10: 591 S. Charlotte St. |
Requests a variation to Section 155.205(A)(1)(c)(2) of the Lombard Zoning Ordinance to |
increase the maximum allowable fence height in a front yard from four feet (4') to five |
and one half feet (5.5') in the R2 Single-Family Residence District. (DISTRICT #5) |
This Matter was passed on first reading on the Consent Agenda.
Y.
PC 08-20: 3 Yorktown Shopping Center (Cole Taylor Bank) |
Requests the following variations from the Lombard Zoning Ordinance for landscaping |
requirements in certain portions of the property located within the B3PD Community |
Shopping District, Planned Development: |
1. A variation from Section 155.707(B) to waive Transitional Landscape Yard |
Improvements; and |
2. A variation from Section 155.709 to waive Perimeter Lot Landscaping |
requirements. |
This Matter was passed on first reading on the Consent Agenda.
Z.
Flaherty's Beef & Brew, 418 S. Main Street |
Amending Title 11, Chapter 112 of the Alcoholic Liquor Code decreasing the Class D |
liquor license category by one due to the closure of Flaherty's Beef & Brew. (DISTRICT |
#1) |
This Matter was waived of first reading and passed on second reading with |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 6218 |
AA.
Emilio's Tapas Madrid, 40 Yorktown Shopping Center |
Amending Title 11, Chapter 112 of the Alcoholic Liquor Code decreasing the Class A/B |
II liquor license category by one. (DISTRICT #3) |
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 6219 |
BB.
Amending Title 11, Chapter 112 of the Lombard Municipal Code |
Requiring all establishments selling liquor to have a valid State liquor license at all times. |
This Matter was passed on first reading on the Consent Agenda.
CC.
Taxicab License Application |
Request from All-Star Cab Dispatch, Inc. for a business license to operate in the Village. |
This Matter was waived of first reading and passed on second reading with |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 6220 |
DD.
Local Government Taxpayer's Bill of Rights |
Amendment of the Lombard Village Code adopting the IRS interest rate for tax |
underpayments. |
This Matter was passed on first reading on the Consent Agenda.
Ordinances on Second Reading
Resolutions
EE.
FY2008 Snow and Debris Hauling |
Approving Change Order No. 1 to the contract with Nagel Trucking & Materials, Inc. |
reflecting an increase of $16,064.25. (DISTRICTS - ALL) |
This Matter was adopted on the Consent Agenda.
FF.
FY 2008 Sewer Televising And Cleaning Project Final Balancing Change Order |
No. 1 |
Authorizing a decrease to the contract with A-K Underground in the amount of |
$20,275.62. (DISTRICTS - ALL) |
This Matter was adopted on the Consent Agenda.
GG.
FY 2008 Driveway Apron & Sidewalk Restoration Program Final Balancing Change |
Order No. 1 |
Authorizing a decrease to the contract with Strada Construction Company in the amount |
of $62,851.85. (DISTRICTS - ALL) |
This Matter was adopted on the Consent Agenda.
HH.
FY 2007 Dust Control Program Final Balancing Change Order No. 2 |
Authorizing a decrease to the contract with CAM LLC in the amount of $22,020.83. |
(DISTRICTS - ALL) |
This Matter was adopted on the Consent Agenda.
II.
Agreement with Roger C. Marquardt & Company |
Resolution approving an Agreement for lobbying services in Springfield. |
This Matter was adopted on the Consent Agenda.
JJ.
Northern Illinois Municipal Electric Cooperative (NIMEC) |
Authorizing the Northern Illinois Municipal Electric Cooperative (NIMEC) to serve as the |
broker for the Village with regard to obtaining bids from electricity providers and |
authorizing the Village Manager or to approve a contract with the lowest cost electricity |
provider. |
This Matter was adopted on the Consent Agenda.
KK.
Garfield Street Public Works Facility Project, MFT Allocation |
This item is being withdrawn. |
This Matter was adopted on the Consent Agenda.
Other Matters
LL.
Award of a contract to Dawson's Tree Service, Inc., the lowest responsible bid of eight |
bidders, in the amount of $23,130.00. Bid in compliance with Public Act 85-1295. |
This Matter was approved on the Consent Agenda.
MM.
FY 2009 Crack Sealing Program |
Award of a contract to Denler, Inc., the lowest responsible bid of two bidders, in the |
amount of $37,600.00. Bid in compliance with Public Act 85-1295. |
This Matter was approved on the Consent Agenda.
NN.
Binder & Surface Bituminous Concrete Hot Mix Asphalt |
Award of a contract to Du-Kane Asphalt, the lowest responsible bid of three bidders, in |
an amount not to exceed $196,070.00. Bid in compliance with Public Act 85-1295. |
This Matter was approved on the Consent Agenda.
OO.
2009 Asphalt Paving And Patching |
Award of a contract to Brothers Asphalt Paving, the lowest responsible bid of three |
bidders, in the amount of $1,382,445.00. Bid in compliance with Public Act 85-1295. |
This Matter was approved on the Consent Agenda.
PP.
Request for a waiver of bids and award of a contract to the Suburban Tree Consortium |
in the amount of $124,000. Public Act 85-1295 does not apply. |
This Matter was approved on the Consent Agenda.
QQ.
Staff recommendation to reject all bids. (DISTRICT #6) |
This Matter was approved on the Consent Agenda.
RR.
Garfield Street Public Works Facility |
Staff recommendation to reject all bids. (DISTRICT #4) |
This Matter was approved on the Consent Agenda.
SS.
Water Meter Reading Services |
Request for a waiver of bids and award of a contract to Rickman Contracting Service, |
Inc. for a fee of $0.70 per read through May 31, 2010. Public Act 85-1295 does not |
apply. |
This Matter was approved on the Consent Agenda.
TT.
Rain Barrel Grant Program |
Request for an additional $5,000 in funds to be allocated from the Recycling Fund. |
This Matter was approved on the Consent Agenda.
UU.
Contract with Exelon Energy Company |
Ratifying a contract with Exelon Energy Company for the provision of electrical energy |
for the Village of Lombard Water and Sewer System for the period of June 2009 through |
May 2012. (DISTRICTS - ALL) |
This Matter was approved on the Consent Agenda.
VV.
Recycling Extravaganza, Recycler Agreements |
Request to approve agreements with Vintage Tech Recyclers, Acme Refining and CRI |
of Tennessee to provide recycling services. |
This Matter was approved on the Consent Agenda.
WW.
Appointments and Re-appointments - Historical Commission |
Request for concurrence in the appointment of Tom Fetters with a term to 2011; |
appointment of Brigitte O'Brien with a term to 2009; re-appointment of Eileen Mueller |
with a term to 2011; re-appointment of John Egan with a term to 2009; re-appointment |
of Lyn Myers with a term to 2009; re-appointment of Pat Poskocil with a term to 2009; |
re-appointment of Rita Schneider with a term to 2011; re-appointment of Jack Jones |
with a term to 2011; re-appointment of Marcy Novak with a term to 2011; and |
re-appointment of Tami Urish with a term to 2011. |
This Matter was approved on the Consent Agenda.
Present:
Village President Willliam J. Mueller, Village Clerk Brigitte O'Brien, |
Trustee Greg Gron, Trustee Richard J. Tross, Trustee Jack O'Brien, |
Trustee Dana Moreau, Trustee Laura Fitzpatrick and Trustee Rick |
Soderstrom |
Passed The Consent Agenda
It was moved by Trustee Tross, seconded by Trustee O'Brien, to approve the |
Consent Agenda. This approval includes suspension of the rules, waive first |
reading and pass on second reading, waive competive bidding and award |
contracts, approve and adopt resolutions as needed for the preceding items as |
read by the Clerk on the Consent Agenda The motion carried by the following |
vote: |
Aye:
Gron, Tross, O'Brien, Moreau, Fitzpatrick and Soderstrom
6 -
IX
Items for Separate Action
President Mueller requested an update on Bike to Work Week. |
Acting Public Works Director Dave Gorman reported 1 out of 8 Village of Lombard |
employees biked to work. Lombard was one of the top villages and came in sixth place. |
He stated a lot of first-time bike riders enjoyed it and some have continued to ride their |
bikes. |
Trustee Tross noted the appointment of the Village Clerk to the Historical Commission |
and questioned the Village Board receiving committee reports. |
President Mueller stated that committee reports would be made available to the Village |
Board. He stated he is working on some changes to the ordinance and that will come to |
the Village Board. He reported the Clerk will now be a member of the Historical |
Commission and that they are trying to structure the commission similar to other Village |
committees. |
Ordinances on First Reading (Waiver of First Requested)
Other Ordinances on First Reading
A.
ZBA 08-07: 197 S. Lombard Ave. |
Requests a variation from Section 155.205(A)(1)(c)(2) of the Lombard Zoning |
Ordinance to increase the maximum allowable fence height in a corner side yard from |
four feet (4') to five feet (5') in the R2 Single-Family Residence District. (DISTRICT #4) |
Acting Community Development Director Bill Heniff reviewed the request for a fence |
variation on the northeast corner of Maple and Lombard. He stated the resident |
currently has a four foot chain link fence and is requesting a five foot privacy fence. |
Trustee Moreau stated that Maple is a busy street and the resident is looking to gain |
some privacy. |
Trustee Moreau requested approval of the variation with a waiver of first reading. |
Trustee Tross questioned the east property line. |
Acting Community Development Director Heniff reported there is a six-foot fence that is |
staying. |
Trustee Soderstrom stated that the fence issues are becoming more and more murky |
and the Board just reviewed fence issues not long ago. He felt is was unfair to the |
Zoning Board of Appeals to overturn their recommendation. He felt is was difficult to |
satisfy residents without being unfair to the Zoning Board of Appeals. He felt the Village |
Board was spinning their wheels and not changing the ordinance and then within two |
months the Board receives two more variation requests. He was not criticizing the |
petition and felt that a resident with a pool or close to a school would pose a safety issue |
and he could understand those requests. |
Trustee Moreau felt it was not fair to the Zoning Board of Appeals to overturn their |
recommendations. |
Trustee Gron stated he worked with Bill Heniff regarding fence designs. He felt corner |
sideyards should be afforded some kind of privacy. He felt the corner houses should be |
allowed to have some privacy. He felt the corner needed more privacy than a yard |
between two neighbors. He felt the 75% rule does not afford enough privacy. |
Village Manager David Hulseberg stated a detailed report had been provided to the |
Village Board and the Board was to give staff direction, but no direction was given. |
Trustee Tross recalled this discussion had been held when Trustees Florey and Sebby |
were on the Board. He indicated this had to do with the corner side yard and interior |
and driveway issues. He stated he thought the code was going to change. The |
recommendation from the Plan Commission and ZBA was to change, but the Board did |
not make any changes. He questioned how long it would take if the code was changed |
before someone would request a variance. |
President Mueller stated the fence requirements were discussed. He reminded the |
Board that the same night that code revisions were discussed there were two variations |
on the agenda. One resident was required to take down the fence as they had it |
installed before obtaining a permit and the other resident had to cut their fence down. |
He indicated he wanted to be fair to residents. |
Trustee Tross stated that people have rights and that some ordinances do not work for |
some lots. He indicated he has not seen a fence variation that he liked. He stated that |
in comparison to the number of single-family homes, there have not been that many |
variation requests. He stated all people do not have the same eyes or shoe sizes and |
changing the ordinance will not change residents requesting variations. He felt staff |
looks at the issue and goes by the code. He felt the ordinance should be reviewed and |
possibly softened. He stated changing the ordinance will not make every fence variation |
go away. |
Trustee Moreau felt issues had to be resolved regarding height and privacy and safety. |
She did not feel that a resident could achieve privacy or safety with open fencing. |
President Mueller stated the revisions will be brought to the Village Board again. |
It was moved by Trustee Moreau, seconded by Trustee O'Brien, that this matter |
be waived of first reading and passed on second reading under suspension of the |
rules overturn the recommendation of the Zoning Board of Appeals, waive first |
reading and approve fence variation The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Moreau, Fitzpatrick and Soderstrom
6 -
B.
ZBA 08-08: 151 E. Berkshire Ave. |
1. Requests a variation to Section 155.205(A)(1)(c)(2) of the Lombard Zoning |
Ordinance to increase the maximum allowable fence height in a front yard from four feet |
(4') to six feet (6') in the R2 Single-Family Residence District. |
2. Requests a waiver of fees ($225.00) except those related to signage and advertising. |
(DISTRICT #4) |
Acting Director of Community Development Bill Heniff reported on the request for a |
six-foot fence variation on the corner of Berkshire and Garfield. He stated the Zoning |
Board of Appeals recommended denial. |
Trustee Moreau stated the resident is requesting a six-foot fence where there was a |
six-foot fence before and there were no line-of-sight issues. She commended the |
residents for the beautification to the property. |
Trustee Moreau moved the Village Board overturn the recommendation of the Zoning |
Board of Appeals, waive first reading and approve the six-foot fence request. |
Trustee Moreau moved the Village Board approve the waiver of fees with the exception |
of the signage and ads. |
Trustee Gron questioned the set back. |
Acting Director Heniff replied. |
Trustee Soderstrom questioned why the waiver of fees. |
Village Manager Hulseberg stated usually the waiver of fees is for financial reasons. |
Trustee Moreau stated the residents were on a fixed income. |
Trustee Moreau stated the residents were on a fixed income. |
It was moved by Trustee Moreau, seconded by Trustee Fitzpatrick, that this |
matter be waived of first reading and passed on second reading with suspension |
of the rules overturn the Zoning Board of Appeals, waiver first reading and |
approve the fence variation The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Moreau, Fitzpatrick and Soderstrom
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It was moved by Trustee Moreau, seconded by Trustee Gron, that this matter be |
denied approve the waiver of fees with the exception of signage and ads The |
motion failed by the following vote: |
Aye:
Gron, Moreau and Fitzpatrick
3 -
Nay:
Mueller, Tross, O'Brien and Soderstrom
4 -
C.
PC 08-21: Text Amendments to the Lombard Zoning Ordinance (Attached |
Garages/Average Front Yard Setbacks) |
The Village of Lombard is proposing text amendments to Section 155.222, Section |
155.405 through Section 155.411 and Section 155.802 (and any other relevant sections |
for clarity) pertaining to attached garages and average front yard setbacks for detached |
single family residences, in the following respects: |
1. In addition to current General Provisions, add provisions regulating the size of |
attached garages; and |
2. In addition to current zoning provisions for Single Family Residence properties, add |
provisions regulating average front yard setbacks. |
2nd meeting in sept
It was moved by Trustee Gron, seconded by Trustee O'Brien, that this matter be |
tabled to second meeting in September The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Moreau, Fitzpatrick and Soderstrom
6 -
Ordinances on Second Reading
Resolutions
Other Matters
D.
SUB 08-02: 1025 E. Madison (St. Pius X Church) |
Requests that the Village approve a Major Plat of Subdivision. (DISTRICT #6) |
Trustee Soderstrom stated although he was not a parishioner, he wanted to exclude |
himself as his wife was a member of the church. |
Trustee Fitzpatrick stated she was a parishioner and excused herself. |
It was moved by Trustee Tross, seconded by Trustee O'Brien, that this matter be |
approved. The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien and Moreau
4 -
Abstain:
Fitzpatrick and Soderstrom
2 -
E.
1025 E. Madison (St. Pius X Church) |
Motion approving a Plat of Easement for stormwater detention on the property located at |
1025 E. Madison and known as St. Pius X Church. (DISTRICT #6) |
Trustee Soderstrom asked to be excused. |
Trustee Fitzpatrick asked to be excused. |
It was moved by Trustee Tross, seconded by Trustee Gron, that this matter be |
approved. The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien and Moreau
4 -
Abstain:
Fitzpatrick and Soderstrom
2 -
X
Agenda Items for Discussion
Allowing Groundwater Wells for Cooling Towers |
Discussion relative to allowing the construction and use of a groundwater well for the |
sole purpose as a redundant water supply for cooling towers. |
A.
Private Development Engineer Nick Hatfield gave a presentation on the request. He |
stated a request had come to staff to allow a ground water well to be constructed on |
property and this was not allowed under Village ordinance unless it was a municipal |
well. He stated the text in the Code would have to be changed. He stated the staff was |
looking for direction before a text amendment was brought to the Village Board. He |
stated the company operates every hour of every day of the year and that a certain |
temperature is necessary to be maintained. He stated the facility is rated based on |
redundancy and there was a question about the Village water system being used as a |
back-up system. Staff was recommending denial of the request. Engineer Hatfield |
stated the current pumps have back-up generators, the water storage tanks hold a day's |
worth of water, DuPage County has an additional day's worth of water and the back-up |
wells are checked as are the back-up generators. He felt the Village system had |
sufficient back-up that could be relied on. He felt if the Village lost power, there were |
still two wells with back-up generators. He also stated there were other back-up |
systems available beside the ground water well. |
Rob Tazelaar, 347-61st Street, Willowbrook, the engineer for the project, stated the |
company is a 12,000 square foot data center. He reported that the data center is almost |
complete and they expect to request a final inspection shortly. The mission of the data |
center is critical and they operate 24/7 365 days a year. He stated the back-up well is |
for the facility in the event of a failure for any reason to the municipal water supply. He |
spoke about various interruptions to the water supply including contamination, a water |
main break or power outages. He stated the company is requesting to be allowed to |
install a well on the site as a back-up to insure no break in service. He stated if it was |
necessary to get water from this well, it would be on a temporary basis until the |
mainwater supply could be put back in operation, but the water supply is critical to the |
company. He stated the well would be a small well pumping only 18 gallons of water a |
minute and would be tested on a regular basis and maintained by the company at their |
expense. He stated the well would be safe and would not be able to cross-contaminate |
Village water as there would be no common pipes. He stated there would be no safety |
risk to the Village. They have studied other options, but felt they were not |
recommended due to space and noise. He stated the water used evaporates in the air. |
He said the water was critical to the operation of the data center and would not cause |
any negatively to the Village. He stated the well was a better option and more reliable. |
He stated cost was a factor in the decision to request the well, but not the only factor. |
Engineer Hatfield stated the well is isolated and there is no risk of contamination. He |
reported that granting the request would set a precedent, as other requests have been |
denied. |
Bob Tazelaar stated there is an exception to the code with a retention pond within a mile |
of this location. He stated he understood that the Village would not want a lot of |
amendments to the Code, but felt this was a valid reason for a tenant with a specialized |
need for the operation of their business. He felt there was no need for the Village to |
deny this request. |
Trustee O'Brien questioned what would happen with the loss of water. |
Bob Tazelaar stated without water, the data center would shut down within five minutes. |
He stated any interruption to the water supply to the center would cause the center to be |
in trouble quickly. |
Trustee O'Brien inquired abut contamination of the well. |
Bob Tazelaar stated the well would strictly be used as a back-up system and the water |
would evaporate into the air so there would be no contamination. |
Trustee Tross inquired about a break in the water supply and holding water on the site. |
He asked if there were two Village water lines going to the building so if one main went |
down, the other would still supply water. |
Engineer Hatfield stated there was a four-inch line from the main and there were not two |
lines. |
Trustee Tross stated he felt the use was not appropriate for the area. and inquired about |
other solutions and options. |
Trustee Gron inquired about the capacity of another waterline. |
Engineer Hatfield stated if there was a break in service, you could use other water main |
for service. |
Trustee Moreau inquired about the back-up being adequate. |
Bob Tazelaar stated the issue gets down to this client and for the client to be able to |
operate, to lease cabinet space and to be able to provide no threat to the system which |
meets certain criteria. He stated the owner was willing to guarantee no risk to the |
community, no health risk and no loss of revenue to the Village. He stated use of the |
well would be limited to an emergency situation only. He suggested the Village meter |
the well and charge the owner. |
Trustee Moreau asked if data centers were common and if there were others. |
Engineer Hatfield stated there were other data centers in Lombard. |
Trustee Fitzpatrick asked for clarification on the contamination risk. |
Engineer Hatfield stated there would only be a slight chance of contamination. |
Bob Tazelaar stated the tenant was looking for occupancy in the next 2-3 weeks. He |
stated the discussions of this well have been on the table for 2-3 months. |
Trustee Soderstrom spoke against the motion and felt there were other back-up options |
and alternatives. He felt the ordinance should not be changed. He felt this matter |
should have been addressed a long time ago. He felt there should be another option |
that would not require a change to the Code. |
Trustee Tross stated he did not feel an ordinance change was necessary for the tenant |
when other options and solutions are available. |
Trustee Moreau stated the risk to the Village was low and should not be a problem since |
it was primarily for data centers. |
President Mueller stated he wanted to protect the residents and that the Village |
welcomed all data centers. President Mueller stated the discussion on this matter was |
ended. |
XI
Executive Session
to discuss the acquisition of real property and setting the lease price for property owned |
by the Village |
It was moved by Trustee O'Brien, seconded by Trustee Gron, to recess to |
Executive Session. The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Moreau, Fitzpatrick and Soderstrom
6 -
XII
Adjournment
the regular meeting of the Board of Trustees held on August 21, 2008 was adjourned at
It was moved by Trustee Gron, seconded by Trustee Tross, adjourn. The motion |
carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Moreau, Fitzpatrick and Soderstrom
6 -