Thursday, February 15, 2007
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, Richard J.Tross, |
Jack O'Brien, Steven D. Sebby, |
Kenneth M. Florey and Rick Soderstrom |
Meeting Minutes
Village Board of Trustees
Meeting Minutes
February 15, 2007
I
Call to Order and Pledge of Allegiance
The Regular Meeting of the President and Board of Trustees of Thursday, February 15, |
2007 was convened by Village President William J. Mueller at 7:32 p.m. The Pledge of |
Allegiance was led by Clerk Brigitte O'Brien. |
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 Steven Sebby, |
Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
Present:
III
Public Hearings
IV
Public Participation
Scout Leaders Mike Rodak, Jeff Schafer and Molly O'Toole were introduced by Village |
President Mueller. William Mueller presented Certificates to the Scout Masters. |
Certificates were also presented to the scouts. |
Presentation - Tony Casaccio of Inland Real Estate to the Village of Lombard for |
the bronze sculpture "Your Turn" |
Tony and Angelo Casaccio of Inland Realty were introduced by Village President |
William Mueller. Mr. Casaccio requested that a plaque be added to the new sculpture |
entitled "Your Turn" with "Papa's Little Angel" inscribed on it. He presented a check in |
the amount of $19,000 to the Village. |
Village President Mueller indicated he had received a telephone call at home prior to |
coming to the meeting that the Jaycees would also be making a donation to the Village |
Art Program. No one from the Jaycees had arrived at this time. Bill Mueller indicated |
that when they did arrive, he would call upon them to make their presentation. |
V
Approval of Minutes
Minutes of December 7, 2006 and February 1, 2007
It was moved by Trustee Soderstrom, seconded by Trustee O'Brien, to approve. |
The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Sebby, Florey and Soderstrom
6 -
VI
Committee Reports
Community Relations Committee - Trustee Jack O'Brien, Chairperson
Trustee O'Brien reported that the Community Relations Committee had not met. Next |
meeting is scheduled for February 19th at 7pm in the Conference Room. |
Economic/Community Development Committee - Trustee Rick Soderstrom, |
Chairperson |
Trustee Soderstrom reported that the Economic & Community Development Committee |
met on February 6. He stated that the 11th Business Recognition Awards Luncheon will |
be held April 18. He encouraged residents and businesses to submit a nomination |
through February 26. The categories include the Business Pride Award, the Property |
Improvement Award, the Property Stewardship Award, the Major Milestone Award, and |
the Jim Bell Distinguished Developer Award. The next meeting is scheduled for March |
President Mueller stated that the luncheon is coordinated between the Village and the |
Chamber and is open to the public. The luncheon will be held at The Carlisle and |
encouraged residents to call the Chamber to make a reservation. The theme this year |
is "You're the One that We Want". Montini High School will be putting on a show along |
with the luncheon and awards presentation. |
Environmental Concerns Committee - Trustee Greg Gron, Chairperson
Trustee Gron reported the Environmental Concerns Committee had not met. The next |
meeting is scheduled for February 27th. |
Finance Committee - Trustee Kenneth Florey, Chairperson
Trustee Florey reported that there was a lack of a quorum at the last committee |
meeting. The next meeting is scheduled for February 24th. |
Public Works Committee - Trustee Richard J. Tross, Chairperson
Trustee Tross reported that the Public Works Committee meeting had been postponed |
to February 22 due to the weather. |
President Mueller expressed appreciation to the Public Works staff for the work they had |
done during the last storms. |
Transportation & Safety Committee -Trustee Steven Sebby, Chairperson
Trustee Sebby reported that at the last meeting the Transportation & Safety Committee |
discussed no parking during Cruise Nights and intersection improvements at Route 53 |
and Madison. He stated that Tom Murphy had submitted his resignation from the |
committee and they would be looking at filling that vacancy. Trustee Sebby gave an |
update on the railroad fencing and reported they are moving in a positive direction. He |
anticipated that the remaining posts would be installed by February 19; the panels by |
February 26 and the project be completed by March 2. He stated that a very emotional |
memorial service had been held on Sunday for the young girl who had been killed and |
whose death initiated the positive steps that are being taken to hopefully prevent any |
future deaths at that location. The next committee meeting is scheduled for March 5. |
Board of Local Improvements - Trustee Richard J. Tross, President
Trustee Tross reported that the Board of Local Improvements had met on February 8 |
and approved the pay-out for SA 213 B for Grove to St. Charles on West Road and that |
the project was winding down and approved the pay-out for SA 219 for Ahrens and |
School sanitary and water lines. The next committee meeting is scheduled for March 8. |
Community Promotion & Tourism - President William J. Mueller, Chairperson
President Mueller reported that the committee had met and received a request from the |
Lilac Parade Committee for their annual grant for the parade in the amount of $30,000. |
The theme this year is Summertime Fun. He stated the recommendation would come |
to the Village Board at the next meeting. He stated the Parade Committee is trying to |
get 240 units in the parade this year and to call or write for an application. |
Trustee Gron, Chairperson of the Lilac Parade Committee, spoke stating there were |
new entries in the Parade and that you can also visit the website for information at |
lombardlilacparade.com. |
President Mueller gave an explanation to the scouts about the monthly meeting reports |
and the consent agenda. |
VII
Village Manager/Village Board Comments
Village Manager Lichter had no report. |
President Mueller stated he had seen on television the Toast to Harry Carry and that it |
had been nine years since he had passed away. His wife Dutchie was leading "Take |
Me Out to the Ball Game" from Mesa, Arizona where the Cubs were preparing for spring |
training. Bill Mueller stated that six months from now Harry Carry's and Holy Mackerel |
would be open in Lombard. |
President Mueller announced that the Library had held its annual Christmas Wreath |
Contest and that the Village had won first prize. He thanked employee Linda Hanlon for |
her work in designing the wreath. He stated the $75 prize money had been returned to |
the Library to be used for the purchase of books and puzzles for the children's library. |
President Mueller reminded residents that the art projects from the children of School |
District #44 were still on display through the month at the Village Hall and encouraged |
residents to stop in and see the various items. |
President Mueller reminded residents that he would be giving the annual State of the |
Village Address at the Chamber luncheon scheduled for February 21st and encouraged |
everyone to attend. |
Village President Mueller reported that Consent Agenda Items M (060746 - Yorktown |
Water Main Phase 2 Final Balancing Change Order No. 4) and N (070035 - FY 2007 |
Asphalt Paving & Patching Program Final Balancing Change Order No. 2) were |
removed and would be submitted at a later time. |
Trustee Florey requested that Consent Agenda Item D (070068 - 506 E. St. Charles |
Place (Poolside Dogs) and 524 E. St. Charles Place (Lombard Hobbies) be moved to |
Separate Action. |
VIII
Consent Agenda
Payroll/Accounts Payable
Approval of Accounts Payable |
For the period ending February 2, 2007 in the amount of $171,127.78. |
A.
This Matter was approved on the Consent Agenda.
Approval of Village Payroll |
For the period ending February 3, 2007 in the amount of $767,867.89. |
B.
This Matter was approved on the Consent Agenda.
Approval of Accounts Payable |
For the period ending February 9, 2007 in the amount of $375,641.58. |
C.
This Matter was approved on the Consent Agenda.
Ordinances on First Reading (Waiver of First Requested)
506 E. St. Charles Road (Poolside Dogs) and 524 E. St. Charles Place (Lombard |
Hobbies) |
1. Granting an amendment to the conditions of approval associated with Ordinance |
5790 relative to a six-month time extension (August 15, 2007) in order for the property |
located at 506 E. St. Charles Place to complete development and qualify for grant funds. |
2. Granting an amendment to the conditions of approval associated with Ordinance |
5734 relative to a six-month time extension (August 15, 2007) in order for the property |
located at 506 E. St. Charles Place to complete development. |
3. Granting an amendment to the conditions of approval associated with Ordinance |
5807 relative to a six-month time extension (August 15, 2007) in order for the property |
located at 524 E. St. Charles Road to begin development. (DISTRICT #5) |
D.
Trustee Florey requested this item be moved to Separate Action.
This Matter was tabled on the Consent Agenda.
14 W. St. Charles Road - Downtown Improvement & Renovation Grant |
Granting an amendment to the conditions of approval associated with Ordinance 5883 |
relative to a time extension, December 31, 2007, in order for the property located at 14 |
W. St. Charles Road to complete development and qualify for grant funds. (DISTRICT |
#1) |
E.
This Matter was waived of first reading and passed on second reading with |
suspension of the rules on the Consent Agenda. |
Ordinance Amending Title 11, Chapter 112 of the Lombard Village Code |
Decreasing the Class A/B II liquor license category relative to Ristorante Lorica, 40 |
Yorktown CC. (DISTRICT #3) |
F.
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
*G. ZBA 07-01: 501 N. Garfield Street (Moved to IX-A)
ZBA 07-02: 206 E. Hickory Street |
Requests a variation to Section 155.415(F)(2) to reduce the corner side yard setback |
from twenty feet (20') to fifteen feet (15') to allow for the construction of a single-family |
residence in the R2 Single Family Residential District. (DISTRICT #5) |
H.
This Matter was passed on first reading on the Consent Agenda.
Ordinance Amending Title 11, Chapter 120 of the Lombard Village Code |
Revising the tobacco educational training course requirements. |
I.
This Matter was passed on first reading on the Consent Agenda.
ZBA 03-27: 25 E. North Avenue |
Granting a further time extension of Ordinances 5809, 5423 and 5605 relative to |
extending the time period to start construction of the approved project at 25 East North |
Avenue for a twelve-month period. (DISTRICT #4) |
J.
This Matter was passed on first reading on the Consent Agenda.
Water and Sewer Billing Changes |
Amending the Lombard Village Code with regard to sanitary sewer and water service |
billing. |
K.
This Matter was passed on first reading on the Consent Agenda.
Ordinances on Second Reading
Ordinance Amending Title 11, Chapter 112 of the Lombard Village Code |
Increasing the Class A/B III liquor license category for RA Sushi, 310 Yorktown. |
(DISTRICT #3) |
L.
This Matter was passed on second reading on the Consent Agenda.
Resolutions
Yorktown Water Main Phase 2 Final Balancing Change Order No. 4 |
Authorizing a decrease to the contract with J. Congdon Sewer in the amount of |
M.
This Matter was tabled to the March 1, 2007 Meeting on the Consent Agenda.
FY 2007 Asphalt Paving & Patching Program Final Balancing Change Order No. 2 |
Authorizing an increase to the contract with J.A. Johnson Paving Company in the |
amount of $1,530.00. |
N.
This Matter was to the March 1, 2007 Meeting on the Consent Agenda.
705 E. Prairie Avenue - Grant of Easement |
Authorizing the signatures of the President and Clerk on a Grant of Easement as it |
relates to fencing on the property at 705 E. Prairie which abuts the Union Pacific |
Railroad right-of-way. (DISTRICT # 4) |
O.
This Matter was adopted on the Consent Agenda.
Release and Settlement Agreement with Cingular Wireless (Previously Cell One) |
at Well House No. 11 |
Authorizing signatures of the Village President and Village Clerk on a Release and |
Settlement Agreement with Cingular. |
P.
This Matter was adopted on the Consent Agenda.
Other Matters
SUB 07-01: 98 Yorktown Shopping Center (Carson Pirie Scott) |
Requests approval of a final plat of resubdivision of a portion of Lot 3 in the Yorktown |
Subdivision. (DISTRICT #3) |
Q.
This Matter was approved on the Consent Agenda.
SUB 07-02: 96 Yorktown Shopping Center (Fifth Third Bank) |
Requests approval of a final plat of resubdivision of a portion of Lot 3 in the Yorktown |
Subdivision. (DISTRICT #3) |
R.
This Matter was approved on the Consent Agenda.
Downtown Lombard Community Vision |
Motion adopting Downtown Lombard Community Vision as an official policy document |
for the purpose of guiding downtown development. (DISTRICTS #1 and #4) |
S.
This Matter was approved on the Consent Agenda.
Roosevelt Road Ad-hoc Committee |
Motion establishing a Roosevelt Road Corridor Ad-hoc Working Committee. |
(DISTRICTS #2 and #6) |
T.
This Matter was approved on the Consent Agenda.
Passed The Consent Agenda
It was moved, 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:
Mueller, O'Brien, Gron, Tross, O'Brien, Sebby, Florey and Soderstrom
7 -
President Mueller introduced Gene Kaleta, President of the Jaycees. Mr. Kaleta |
presented the Village with a check in the amount of $1,500, proceeds from the Haunted |
House to be used for the Village Arts Program. Mr. Kaleta also reported several |
Jaycees projects such as March Madness, Bowling and Pool and the Easter |
Extravaganza. He stated the Taste of Lombard this year would run from June 29 |
through July 4th and the Chairman is Scott Mahala. . |
IX
Items for Separate Action
Ordinances on First Reading (Waiver of First Requested)
ZBA 07-01: 501 N. Garfield Street |
Requests a variation to Section 155.205 (A)(1)(e)(2) to allow a solid fence within a clear |
line of sight area. (DISTRICT #4) |
Mr. Mallon distributed copies of information that he had prepared regarding his fence |
variation to the Village Board. He stated he had requested a permit for a fence in |
August and was advised there could be some issue regarding the six-foot fence. He |
stated he contacted Dave Hulseberg and Trustee Sebby. He was advised that the |
six-foot portion was probably workable. He proceeded to have the fence installed. He |
applied for a second variation. He was told the Village Code mimics other |
municipalities's codes. He felt there was no data to support the hazard that he has been |
told his fence height creates. He spoke with Village staff and police department staff |
regarding the safety of the fence. He also checked with insurance companies and there |
are no statistics regarding the height of a fence and the clear-line-of-sight hazard issue. |
He noted the garage at the construction site at Main and Ash and used that as an |
example as there was no 20 foot by 20 foot clear line-of-sight and felt this was a more |
dangerous situation since it was on Main Street. He also noted the fence variation that |
was granted for 734 S. Elizabeth with a three-foot distance to the driveway. He |
proposed a compromise to invert the corner so it would be an 8-foot by 11-foot |
clear-line-of-sight. He stated there were several homes on corner lots with similar |
situations and nothing that indicates any danger. |
Director Hulseberg indicated the ZBA had not received the data. |
Village Attorney Bayer suggested this item be referred back to the ZBA. |
Director Hulseberg indicated it could stay. |
Trustee Sebby stated he visited Mr. Mallon's home and several other locations and |
attended the ZBA meeting. He stated he had concerns over the ordinance itself. He |
indicated the committee had several concerns regarding the ordinance and not |
necessarily the fence and were looking at a safety issue. He stated the committee was |
opposed to this as this is a route to Pleasant Lane School. He stated that changing the |
corner alleviates the sight problem and supports the resident's request. He stated the |
fence slats were 4" wide with a 2" space between the boards. He stated it was not a |
solid fence. He did indicate the resident had installed the fence without a permit and |
asked Mr. Mallon if he was willing to pay all the fees that he should have paid prior to |
installation. |
Director Hulseberg gave a power point presentation indicating that the ZBA had not |
seen pages 1, 3, 4, 5, and 6. |
Trustee Sebby stated the area along Berkshire was critical and that backing down the |
driveway and someone coming from Pleasant Lane could be a problem. He questioned |
the revised proposal and stated that even though it may not be the best scenario, he |
would support it if the 11-feet was given where the 20-feet is required from the sidewalk |
and 8-1/2-feet back. |
Trustee Florey inquired of Director Hulseberg why the 20-feet is used in the Village |
Code. |
Director Hulseberg stated it was a safety issue with a vehicle having an 18-foot length |
and the clear-line-of-sight. |
Trustee Florey commented about the safety for kids on bikes, moms with strollers, etc. |
Director Hulseberg indicated it was for more right-of-way and green space. |
Trustee Florey commented on the line-of-sight and the safety issue. He questioned if |
there were an accident, if the Village would be held responsible. He did not want to |
insult the work of the ZBA if the Code was not followed. He stated if necessary, the |
Code should be changed if there is not support for the 20-foot by 20-foot |
clear-line-of-sight requirement. He stated he has walked around his district and has |
seen hazards from bushes and other obstructions and that residents may not be aware |
of the hazards. He also commented on the voluntary code compliance program. He |
said the clear-line-of-sight is a common problem, a safety issue and an accident waiting |
to happen. |
Trustee Tross echoed Trustee Florey's sentiments. He stated he can not count the |
number of allowed zero-lot-line construction projects. He questioned the Village's |
clear-line-of-sight requirement. He questioned why plant a tree by a stop sign. He |
stated he agreed with the safety issue and will not support zero-tolerance. He also |
stated he did not support the 20-foot line-of-sight that is not affecting neighbor property. |
He stated 734 S. Elizabeth and 832 S. Elizabeth received variances. He suggested that |
the Transportation and Safety Committee look at the 20-foot clear-line-of-sight |
requirement. He commented about the 20-foot building set-back. He stated he will |
support the resident's variance request and felt the 8-foot and 11-foot clear line-of-sight |
was sufficient. |
Trustee Gron stated he questioned ordinances when he was first on the Board. He felt |
if the ordinance was not substantial, that it needed to be changed. |
Trustee Florey felt the Board should consistently apply the ordinance and that the Board |
had made mistakes in the past. |
Trustee Sebby cautioned changing the ordinance. He felt the best solution was to have |
a very conservative ordinance in place and that the petitioner should come forward with |
a request for a variation and not to change the ordinance overall. |
Trustee O'Brien felt the Zoning Board of Appeals was doing an excellent job. He felt |
most variances were allowed because there was a particular issue. If there is not issue, |
the request should not be supported. |
President Mueller indicated that the new fence ordinance had been passed and the |
Board had hoped the new fencing requirements would eliminate the problems and the |
requests for variances. He stated that in another situation a fence was built without a |
permit and the resident was required to change it. |
Trustee Soderstrom felt the Board had gone too far off on the 20 foot line-of-sight and |
that should be a discussion for another time. He stated the resident had put up the |
fence without a permit and if he had had his ducks in a row and obtained a permit, he |
could have changed the design of the fence or requested the variance prior to its |
construction. |
Director Hulseberg stated the fence was constructed prior to approval and prior to |
obtaining a permit. |
Trustee Soderstrom indicated the permit would have given the petitioner direction. |
Trustee Sebby suggested that the resident speak with Dave Hulseberg. |
Trustee Tross suggested the Transportation and Safety Committee look at the |
clear-line-of-sight issue. He stated the Zoning Board of Appeals is there to hear appeals |
to the Village Code. He felt the issue of 20 feet line-of-sight for driveways should be |
reviewed. He felt residents should not be deprived of use to their property. |
President Mueller asked Director Hulseberg to review the reason for the 20 feet |
line-of-sight regulation. |
Trustee Sebby stated the Transportation and Safety Committee would review the issue |
at its next meeting. He felt that this code was based on the IDOT standard and this was |
not a roadway, but a driveway. He indicated the Village Board might hear from the |
petitioner again. |
President Mueller asked Trustee Sebby to not forward this item to the Transportation |
and Safety Committee until so requested by staff. |
It was moved by Trustee Florey, seconded by Trustee Gron, that this matter be |
passed on first reading concur with Zoning Board of Appeals and deny variation |
request The motion carried by the following vote: |
Aye:
Gron, O'Brien, Florey and Soderstrom
4 -
Nay:
Tross and Sebby
2 -
506 E. St. Charles Road (Poolside Dogs) and 524 E. St. Charles Place (Lombard |
Hobbies) |
1. Granting an amendment to the conditions of approval associated with Ordinance |
5790 relative to a six-month time extension (August 15, 2007) in order for the property |
located at 506 E. St. Charles Place to complete development and qualify for grant funds. |
2. Granting an amendment to the conditions of approval associated with Ordinance |
5734 relative to a six-month time extension (August 15, 2007) in order for the property |
located at 506 E. St. Charles Place to complete development. |
3. Granting an amendment to the conditions of approval associated with Ordinance |
5807 relative to a six-month time extension (August 15, 2007) in order for the property |
located at 524 E. St. Charles Road to begin development. (DISTRICT #5) |
Trustee Florey indicated that the Village Board had been very patient with the petitioner |
on both properties and that staff is frustrated as well. He stated his first inclination was |
to deny the request. He stated he has received many calls on the property. |
Trustee Florey moved to table to the second meeting in March to see the beginning of |
work and architectural drawings. |
Director Hulseberg indicated that terms are not being met and that building codes |
needed to be met. |
Trustee O'Brien indicated that the petitioner did not show up. He senses they do not |
care. |
Trustee Sebby indicated that the owner of Poolside Dogs is being held hostage with the |
requirements. He said Poolside Dogs could open in 6 weeks, but that Lombard Hobbies |
is three months away from opening. |
President Mueller stated they have been working on that site for four to five years. |
Trustee Tross questioned if the tenant was still a party in That's a Nice issue. |
It was moved by Trustee Florey, seconded by Trustee Soderstrom, that this |
matter be tabled to March 15, 2007 The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Sebby, Florey and Soderstrom
6 -
Other Ordinances on First Reading
Ordinances on Second Reading
Resolution
Other Matters
X
Agenda Items for Discussion
XI
Executive Session
It was moved by Trustee Gron, seconded by Trustee O'Brien, to adjourn to recess |
to Executive Session at 8:54 p.m. to discuss the Acquisition of Real Property |
The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Sebby, Florey and Soderstrom
6 -
Reconvene
The Regular Meeting of the President and Board of Trustees was reconvened at 9:04 |
p.m. Upon Roll Call by Village Clerk Brigitte O'Brien the following were present: |
President Mueller, Trustees Gron, Tross, O'Brien, Sebby, Florey and Soderstrom |
XII
Adjournment
It was moved by Trustee Soderstrom, seconded by Trustee O'Brien, to adjourn |
the Regular Meeting of the President and Board of Trustees held Thursday, |
February 15, 2007 at 9:05 p.m. The motion carried by the following vote: |
Aye:
Gron, Tross, O'Brien, Sebby, Florey and Soderstrom
6 -