Village of Lombard Legistar System

John Nolan spoke regarding the progress the Village is making in growth and

development. He congratulated the President, the Board, Mr. Lichter and his staff. He

feels the Village is in the best shape it has ever been. He expressed his pleasure at the

way the Village has handled the Big Idea incident through all phases and was sure the

development would work out well.

Penny Arnold expressed her amazement at the new development regarding the DuPage

Theater and how pleased she is with the way the Board and Big Idea have reached a

solution. She asked that the Village turn the DuPage Theater into a cultural center and

asked to be on a committee that should be formed to develop a plan.

Trustee Kufrin related that Jane Henderson, former Lombardian and Business owner

had passed away Wednesday night at Beacon Hill. Her services and viewing will be

held in Effingham, Illinois.

President Mueller mentioned that the Oak Brook Terrace Village Board has agreed to

sign a Boundary Agreement which may come to our Board in January.

He mentioned that two Bills which had been vetoed by the Governor have been

overridden. One was the 911 issue and the other Sales Tax authority for Non Home

Rule Communities. He said that those bills are now on their way to the Senate.

Trustee Borgatell mentioned that he had heard that Chicago proposed a new law to not

allow Cell Phones to be used in a moving vehicle.

Trustee Tross announced that this was his Grand Daughter Nicolene's 5th birthday and

they will celebrate it Saturday. Also wished everyone in Lombard Happy Thanksgiving

and thanked them for their help throughout the year. He also said that he will be

serving Thanksgiving dinner for the Chicago Industrial Council and encouraged

donations to the food pantries.

Trustee Schaffer said he also serves food to the needy and hopes that people will give

generously.

Laura Fitzpatrick, 348 S. Lewis, spoke as a local artist and tour guide at Lilacia Park.

She said that the DuPage could be the crown jewel of the Village and hopes it will lead

citizens to culture. She highlighted the possible revenue sources. She feels that Big

Idea has given Lombard the opportunity to be at the forefront of the cultural scene.

Daniel Ferri, 417 West Road, commented on his cultural and education background and

encourged the development of the DuPage as a cultural center. He noted that it will

improve pedestrian traffic in the Downtown area and unite areas north and south of the

railroad. He told of the importance of having a place for communicating and cultural

activities. He said that local artists' and student artists' displays could be held there. He

said it would also afford rehearsal and performance space for touring theater groups, a

resident theater company and school drama productions.

Pete Kramer, 272 E. Taylor, said the Theater will now truly belong to Lombard. He

thanked Phil Visher for his generosity and for not destroying the building. He highlighted

the revenue possibilites of the cultural center. He hoped that when the cultural center

opens we will preview Veggie Tales Videos there. He complimented the character of

Big Idea.

Mark Pence, 612 E. Illinois Street Wheaton, owner of a childrens theater company and

organizer of family entertainment events said he spoke as a Lombardian because his

office is located in Lombard. He urged the Board to make the theater available as an

Arts Center. He said that his professional company would like to use a facility of this

type and it could earn rental money from similar companies.

Ernest Burmeister, 1040 S. Norbury, urged the preservation of the DuPage Theater. He

mentioned that he is a member of a Barbershop Group, West Towns Chorus. He

indicated that they are interested in a place like the DuPage for reheasal and

performances. He realized that the DuPage needs to pay for its self and he felt sure

that other groups would be willing to use the Theater. He said that their shows usually

run 2,500 people. At President Mueller's request, Mr. Burmeister highlighted their next

show to be held December 10th and 11th at the Tivoli in Downers Grove. He added that

there would be a Brass Band, a Bell Chorus and a Flautist. Seats are reserved by

calling 627-0494.

Marge Placzek, 535 S. Lombard, spoke as a resident and menber of the Board of

TheTempo Players Theater Organization. She said their organization has led a nomadic

existance. They will be looking for a space and would love to use the DuPage Theater.

She encouraged the Board to restore the theater to its original grandeur and be made

available to groups such as hers.

Bob Patin from Big Idea spoke saying it is always an honor to speak on behalf of Big

Idea. He spoke of the education of children and lessons in making their actions follow

their words. He commented on how important it is for Big idea to be the most ethical

company in the country. He said that Big Idea's recent actions had derailed downtown

development and embarassed Village Officials. He admitted that to do the right thing

was a financial hardship but he wanted the Board to know that the Village showed Big

Idea how important it was to do the right thing.

Mr. Patin also complimented the Village for their poise, decency and dignity. He said

that President Mueller was involved in most of the deliberations and they found him to

be a true leader. He added that Mr. Lichter, Mr. Hulseberg and Trustee Sebby were

also instrumental in the process. Patin apologized for their decision not to develop the

Theater and what it caused but said that the lesson was priceless to Big Idea.

In conclusion he said that Big Idea was happy with this solution to give the Theater as

the eventual gift to Lombard and to make the people of Lombard the final and ultimate

winners.

Trustee Schaffer announced that he had asked Mr. Bayer to give opinions as to

environmental concerns. Attorney Bayer responded that first the ownership does not lie

with the Village but the direction as to who will own the property does. Bayer said he

had discovered that Phase I and II environmental reports were done and removal of a

tank was handled by IEPA. Further he indicated that there has been a "No Further

Remediation Report" recorded with no restrictions on property use. Additional

indemnification can be added by Big Idea if the Village desires for a period of two years

past the agreement date of 2002. If any third party developer is brought into the picture

there is a no indemification clause.

Trustee Kufrin asked if we would recieve the reports and Attorney Bayer said that the

Village will be given all reports when the change takes place.

Trustee Tross asked if there will be additional language regarding environmental

indemnity. Bayer responded that we will have it in writing.

Trustee Borgatell mentioned the $100,000 that Big Idea would pay asking if it was

adequate. Attorney Bayer clarified that it is a sum up to 100,000 to reimburse or pay the

bills directly for qualifying costs.

Trustee Tross expressed concern that qualified costs will be limited to marketing costs

and and consulting fees and not cover the Village's actual costs.

There followed quite a bit of discussion back and forth from the various Trustees

regarding the adequacy of the fees.

Attorney Bayer said that the amount is intended to cover Request For Proposal,

evaluation of the results and selecting a developer. Discussion continued regarding

concerns over the costs of attracting development.

Trustee Sebby asserted that the Big Idea agreement was a gift and a rare opportunity

and he didn't understand the decsension of some Board members.

Trustees Tross and Schaffer said it was their job to be cautious.

Trustee Borgatell suggested amending paragraph 5 which refers to Charitible

Considerations in the last sentence to read "but not a disqualifying factor" used in

considering each developers agreement

Trustee Tross touched on Charitible Considerations reminding everyone that the Village

could sell the property and retain the proceeds and does not have to give it away.

Some discussion occurred regarding maintenance. Tom Bayer referred them to section

7 for the requirements of insurance, maintenance and winterization. He said this

language would ensure that Big Idea would have to live up to those provisions.

Trustee Tross mentioned the Board on Board fence that was promised to neighbors on

the East. President Mueller said that the fence was part of the development agreement

and all of those types of requirements would be written into an agreement when the

property is developed.

Trustee Florey said that there has been alot of cooperation from Big Idea, a generous

gift and an excellent agreement before us. He encouraged the Board to move forward

and reminded them that it would be exciting to help fullfill the ideas expressed by the

residents tonight.

At Trustee Tross' question, Bayer explained the provisions of the agreement as to liens.

Trustee Tross further asked that the time lines be moved back seeing how long

variances and Committees can take. Bayer said that the date has been extended and

this was the compromise date.

Trustee Borgatell said he thought they should not vote tonight but wait until the

amendments have been drafted and change the date of establishment of the trust to

December 17.

Stan Rickart explained that the Public Works Committee would like to remove the 70/30

policy and adopt a more agressive program funded by the Village. This would call for

the replacement of deteriorating sidewalks on any Village Project; and on unimproved

streets we would install sidewalks where none existed. He clarified that this would not

include projects that were only repairs and grinds. He feels that this will leave sidewalks

in good condition and enable the Village to eliminate the participation programs. He

asked that if this revision in policy is approved, the Village Board wants to make the new

program retroactive to include the CHAW project. He ssaid that Chase Street in

particular has areas with no sidewalks and no other program would call for the

installation of sidewalks in that area.

Trustee Tross objected to the program and asked why a special assessment was not

done to do the sidewalks in these areas.

Trustee Borgatell agreed and indicated that then Lombard Hills East should then be

done in the same way.

Trustee Schaffer asked how far back we would refund money to people who have

already paid for their sidewalks.

Trustee Sebby invited discussion on the recommendation.

President Mueller said that the issues are separate and the Board should decide first if

they are willing to change the sidewalk policy and then decide the retroactive issue.

Trustee Florey thinks that the proposal is in keeping with what the Board is trying to do

to complete the sidewalks village wide and improve safety and appearance.

After much discussion regarding special assessments versus free sidewalks,

Trustee Tross asked for a compromise and only replace sidewalks in disrepair.

President Mueller asked if we have an idea of total costs. Mr. Lichter suggested that

they look at projects which are upcoming in the next two years and come back with an

estimate before the matter is voted on.