Thursday, November 18, 1999
7:30 PM
Village of Lombard
Board Room - Village Hall
Village Board of Trustees
Meeting Minutes
Village Board of Trustees
Meeting Minutes
November 18, 1999
REGULAR MEETING - NOVEMBER 18, 1999 - 7:30 P.M.
Village President Willliam J. Mueller, Village Clerk Lorraine G. Gerhardt, Trustee |
Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. Schaffer, Trustee |
Steven Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
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 the Village of Lombard |
held on Thursday, November 18, 1999 in the Board Room of the Village Hall was called |
to order by President William J. Mueller at 7:40 p.m. |
Village Clerk Lorraine G. Gerhardt led the Pledge of Allegiance. |
II
Roll Call
Upon Roll Call by Village Clerk Gerhardt, the following were: |
Present: President Mueller, Trustees Borgatell, Tross, Schaffer, Sebby, Florey and |
Kufrin |
Appointed Officials Present: |
Village Manager William T. Lichter |
Administrative Assistant Ellen Balsamo |
Village Attorney Thomas P. Bayer |
Village Attorney Thomas Bentz |
Chief of Police Leon Kutzke |
Finance Director Leonard J. Flood |
Senior Planner David Sundland |
Director of Public Works Stan Rickard |
Assistant Director of Public Works John Burg |
Village Engineer David Dratnol |
G.I.S. Technician Dan Price |
Deputy Clerk Barbara Johnson |
III
Public Hearings
IV
Public Participation
President Mueller said that Lombard has "Football Fever" with both Montini and |
Glenbard East facing championships. He pointed out that the the Board was wearing |
complimentary jersys to show their support. He announced that both final playoff games |
would be held this weekend. He said that a sports announcer had commented on the |
support Lombard is giving the teams. |
990631
Village Clerk Gerhardt read a Proclamation for American Education Week (November |
14-20, 1999). The Proclamation was presented to John Schroeder, the new District 44 |
President, by Village President William Mueller. Mr. Schroeder complimented the |
Village on the wonderful Intergovernmental cooperation the Village and the School |
District have. |
President Mueller encouraged all to visit theTechnology Center of DuPage to see the |
incredible educational programs and opportunities they now offer. |
Enactment No: American Education W |
990632
A Proclamation for National Geographic Information Systems Day (November 19, 1999) |
was read by Clerk Gerhardt. The Proclamation was presented to Dan Price, the |
Village's GIS Technician. Mr. Price thanked the Board for the proclamation on behalf of |
the Public Works Department and all "GIS Jocks". |
Enactment No: National Geographic |
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. |
Trustee Sebby offered a correction to the November 4 minutes. He explained that his |
statement regarding the North Avenue Plan needs to be corrected to show that he |
spoke in opposition to the Frontage Road on the South side of Casey's, which will run |
through the Park area rather than the North side in front of Casey's. Clerk Gerhardt also |
mentioned a correction which Trustee Tross had made regarding the motion for stop |
signs at Elizabeth and Greenfield with funding authorization to increase the Police |
Department Budget to allow for the hiring of an additional crossing guard. |
V
Approval of Minutes
It was moved by Trustee Kufrin Jr., seconded by Trustee Tross, that the minutes |
of the Regular Meeting of November 4, 1999 be approved as amended. The |
motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Paul Kufrin Jr. |
6 -
VI
Committee Reports
Economic/Community Development Committee - Trustee Paul Kufrin, |
Jr., Chairperson |
Trustee Paul Kufrin reported that there had been no meeting but the next meeting will be |
held on December 7, 1999. |
Environmental Concerns Committee - Trustee Kenneth M. Florey, |
Chairperson |
Trustee Florey announced that the next meeting would be on Monday, November 22.
Finance Committee - Trustee David N. Schaffer, Chairperson
Trustee David Schaffer reported that there had been no meeting.
DuPage County Community Development Commission - Trustee |
David N. Schaffer, Lombard Representative |
Trustee Schaffer said that the Commission had not met.
Legislative Review Committee - Trustee Ralph F. Borgatell, |
Chairperson |
Trustee Ralph Borgatell said that there had been no meeting and the next meeting will |
be on December 6 at 7:30 p.m. |
Public Works Committee - Trustee Steven D. Sebby, Chairperson
Trustee Steven Sebby reported that the Committee met on Tuesday, November the 9th. |
He said that several items which are on tonight's agenda had been discussed including |
the sidewalk policy and several change orders. Among the other discussions he |
reported were flooding at 106 W. Crystal , the sanintary outfall grant program, proposed |
clearwater disconnect and backyard flooding. |
Transportation & Safety Committee - Trustee Richard J. Tross, |
Chairperson |
Trustee Richard Tross reported that there had been no meeting but the Committee will |
meet on December 6th. |
Community Promotion & Tourism Committee - Trustee Richard J. |
Tross, Chairperson |
Trustee Tross said there had been no meeting held since his last report, that next |
Tuesday's meeting is cancelled, but he hopes to reschedule the meeting for December |
2nd. |
DuPage Convention & Visitors' Bureau - Trustee Richard J. Tross, |
Lombard Representative |
Trustee Tross said he had no report but he was proud that we may have two |
championship teams in Lombard now. |
Village Clerk/President of Board of Local Improvements - Lorraine G. |
Gerhardt |
Clerk Lorraine Gerhardt reported as President of the Board of Local Improvements that |
the Board approved payouts at their meeting on November 17, 1999. First for Special |
Assessment 213, an engineering invoice for $8,607.30. Payouts were approved |
totalling $47, 616.49 for Special Assessment 215 which included an Engineering Invoice |
and Invoices for two contractors, Olson and Gana The next meeting will be held |
December 15th at 3:00 p.m. which is a week early due to the Holidays. |
VII
Village Manager/Village Board Comments
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. |
VIII
Consent Agenda
It was moved by Trustee Schaffer, 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 Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Paul Kufrin Jr. |
6 -
990640
This Matter was approved on the Consent Agenda.
990641
This Matter was approved on the Consent Agenda.
990587
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 4743 Arbor |
990588
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 4743 Traff |
990543
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 55-00 Sp |
990571
A RESOLUTION AUTHORIZING A CHANGE ORDER |
INVOLVING A DECREASE IN THE DOLLAR AMOUNT OF |
THE CONTRACT OF $10,000 OR MORE |
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 56-00 Su |
990619
A RESOLUTION AUTHORIZING A CHANGE ORDER |
INVOLVING AN INCREASE IN THE DOLLAR AMOUNT OF THE CONTRACT OF $10,000 OR |
MORE |
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 57-00 22 |
990623
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 58-00 Ol |
990624
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 59-00 Ham |
990625
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 60-00 Uny |
990626
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 61-00 But |
990627
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 62-00 Cha |
990630
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 63-00 Lin |
990635
AMENDMENT OF A PROFESSIONAL SERVICES CONTRACT |
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 64-00 Cha |
990637
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 65-00 Pr |
990636
This matter was Withdrawn until January
Enactment No: Resolution 86-00 St. |
990552
AN ORDINANCE GRANTING A CONDITIONAL USE PURSUANT TO |
TITLE 15, CHAPTER 155, SECTION 413 OF THE LOMBARD |
ZONING ORDINANCE; A VARIATION PURSUANT TO TITLE 15, CHAPTER 155, SECTION |
602(A), A VARIATION PURSUANT TO TITLE 15, CHAPTER 155, SECTION 708 AND A |
VARIATION PURSUANT TO TITLE 15, CHAPTER 155, SECTION 706(B) OF THE LOMBARD |
ZONING ORDINANCE, AND A VARIATION PURSUANT TO TITLE 15, CHAPTER 153, SECTION |
207(E) OF THE LOMBARD SIGN ORDINANCE |
(PC 99-37: 545 W. North Avenue, Lombard, Illinois) (Burger King) |
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 4740 545 W |
990600
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 4741 Motor |
990603
AN ORDINANCE GRANTING A VARIATION |
FROM THE LOMBARD CODE OF ORDINANCES |
CHAPTER 50 "COMBINED WATER AND SEWER SYSTEM", SUBSECTION 50.026 "PROHIBITED |
CONNECTIONS" |
(BOT 99-12: 1107-1115 E. St. Charles Road, Lombard, IL) |
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 4742 1107- |
990645
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 66-00 Clo |
IX
Agenda Items for Separate Action
990580
This item was withdrawn from the agenda by the Petitioner
Enactment No: 302 South Lombard Av |
990644
Penny Bovelli owner of The Dance Center of Lombard encouraged the development of a |
Cultural Arts Center. She explained how this would fullfill the needs of her dancing |
school. |
Joan DeStephano 30 N. Lincoln read a statement supporting the redevelopment of the |
Theater as a Cultural Arts Center. She thanked Big Idea for their contribution. |
Enactment No: Resolution 67-00 Big |
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. |
It was moved by Trustee Borgatell, seconded by Trustee Tross, that the Village |
Board table this matter to the December 2, 1999 meeting. The motion failed by |
the following vote: |
Aye:
Trustee Ralph Borgatell and Trustee Richard J. Tross
2 -
Nay:
Trustee David N. Schaffer, Trustee Steven Sebby, Trustee Kenneth M. |
Florey and Trustee Paul Kufrin Jr. |
4 -
It was moved by Trustee Sebby, seconded by Trustee Kufrin Jr., that the Village |
Board approve the amendment to the Big Idea redevelopment agreement as |
amended and noted by Attorney Bayer. The motion carried by the following vote: |
Aye:
Trustee David N. Schaffer, Trustee Steven Sebby, Trustee Kenneth M. |
Florey and Trustee Paul Kufrin Jr. |
4 -
Nay:
Trustee Ralph Borgatell and Trustee Richard J. Tross
2 -
President Mueller wanted it noted that if he were to vote he would have voted aye on |
this. |
990622
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. |
Enactment No: Revised Sidewalk Pol |
It was moved by Trustee Sebby, seconded by Trustee Kufrin Jr., that this matter |
be tabled until staff has completed the appropriate investigation and is prepared |
with a report. The motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Paul Kufrin Jr. |
6 -
Ad Hoc Committee regarding the Redevelopment Agreement with |
Big Idea |
President Mueller asked the Board to approve the creation of an Ad-Hoc Committee. |
He suggested it could consist of representatives of the Downtown Lombard United, the |
Historical Society, the Historical Commission the Millienium Group and volunteer |
residents to provide a recommendation to the Village Board regarding the DuPage |
Theater development and an appropriate RFP. |
Trustee Trross asked that no one on the Historical Commission, Historical Society or the |
Millienium Group be appointed to the Committee. |
It was moved by Trustee Tross, seconded by Trustee Borgatell, that the Village |
Board agree to establish an Ad Hoc Committee for the development of an RFP for |
the DuPage Theater and former Brust properties. The motion carried by the |
following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Paul Kufrin Jr. |
6 -
President Mueller reminded everyone to show their support for the Glenbard East Rams |
and the Montini Broncos Football Teams. |
X
Agenda Items for Discussion
XI
Executive Session
It was moved by Trustee Borgatell, seconded by Trustee Schaffer, that the |
regular meeting of the President and Board of Trustees of November 18, 1999 |
recess to Executive Session at 10:15 p.m.to discuss: |
Acquisition of Real Property.. The motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Paul Kufrin Jr. |
6 -
Reconvene
The recessed regular meeting of the President and Board of Trustees of the Village of |
Lombard held on Thursday, November 18, 1999 in the Board Room of Village Hall was |
called to order by President William J. Mueller at 10:41 p.m. |
Upon Roll Call by Village Clerk Lorraine G. Gerhardt, the following were: |
Present: President Mueller, Trustees Borgatell, Tross, Schaffer, Sebby, Florey and |
Kufrin |
XII
Adjournment
It was moved by Trustee Schaffer, seconded by Trustee Kufrin Jr., that the |
Regular Meeting of the President and Board of Trustees of November 18, 1999 be |
adjourned at 10:42 p.m. The motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Paul Kufrin Jr. |
6 -