Village of Lombard Legistar System

Thursday, November 2, 2000

7:30 PM

Village of Lombard

Village Hall

255 East Wilson Ave.

Lombard, IL 60148

villageoflombard.org

Board Room - Village Hall

Village Board of Trustees

Meeting Minutes

Village Board of Trustees

Meeting Minutes

November 2, 2000

REGULAR MEETING - NOVEMBER 2, 2000 - 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 Revised 10/31/00

Broadcast on Cable TV Channel 6

Call to Order and Pledge of Allegiance

The Regular Meeting of the President and Board of Trustees of November 2, 2000 was

called to order by President Mueller at 7:35 p.m. in the Board Room of Village Hall. The

Pledge of Allegiance was led by Village Clerk Lorraine G. Gerhardt.

Roll Call

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

Present: President Mueller, Trustees Borgatell, Tross, Sebby, Florey,

and Kufrin, Jr.

Absent: Trustee Schaffer

Quorum Present

Appointed Officials Present:

Village Manager William T. Lichter

Administrative Assistant Ellen Balsamo

Village Attorney Thomas P. Bayer

Village Attorney Simone Beutet

Director of Community Development David Hulseberg

Director of Finance Len Flood

Fire Chief Ed Seagraves

Police Chief Leon Kutzke

Director of Public Works Stan Rickard

Assistant Director of Public Works John Burg

Village Engineer David Dratnol

Deputy Village Clerk Barbara Johnson

Records Clerk Diane Mucha

III

Public Hearings

000511

Enactment No: Public Hearing 411 E

It was moved by Trustee Kufrin Jr., seconded by Trustee Tross, to continue this

matter to the November 16, 2000 Board Meeting. The motion carried by the

following vote:

Aye:

Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven

Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr.

5 -

Absent:

Trustee David N. Schaffer

1 -

Clerk Gerhardt stated her 59th Wedding Anniversary has taken place, and wishes to

acknowledge her husband who also had his 81st birthday this week. President Mueller

and the Board expressed their good wishes to Mr. Vern Gerhardt

Public Participation

Members of the Public Who Spoke

None

Trustee Schaffer arrived at 7:40 p.m.

000629

Enactment No: Proclamation - Natio

000633

Enactment No: Proclamation - Rando

000636

Enactment No: Proclamation - Snug

Approval of Minutes

It was moved by Trustee Borgatell, seconded by Trustee Schaffer, that the

minutes of the Regular Board Meeting of October 5, 2000 be approved. 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 -

Committee Reports

Economic/Community Development Committee - Trustee Paul Kufrin,

Jr., Chairperson

Trustee Kufrin related there had not been a committee meeting since his report at the

last Board meeting, but the next meeting will be held on Tuesday, November 7, 2000.

Environmental Concerns Committee - Trustee Kenneth M. Florey,

Chairperson

Trustee Florey stated the topic discussed at the last meeting was the success of the

Recycling Extravaganza. The next meeting may take place on November 27, 2000.

Finance Committee - Trustee David N. Schaffer, Chairperson

Trustee Schaffer informed the Board his last Finance Committee meeting was October

26, 2000. He read a report of the meeting. (See Attached) . The next meeting will be

November 20, 2000. Topics of discussion will be the 2000 Property Tax Levy and 2001

Insurance Renewal Program. Both items will be on the agenda for the Village Board

Meeting, December 7, 2000.

DuPage County Community Development Commission - Trustee

David N. Schaffer, Lombard Representative

Trustee Schaffer remarked that he is now the President of the Commission. Topic of

the last meeting was financing of low cost housing.

Legislative Review Committee - Trustee Ralph F. Borgatell,

Chairperson

Trustee Borgatell commented the next committee meeting will be held Monday,

November 6, 2000, at which time Senator Roskam will be in attendance. The meeting is

open to the public, and Trustee Borgatell extended an invitation to all residents to

attend.

Public Works Committee - Trustee Steven D. Sebby, Chairperson

Trustee Sebby stated there had been no recent meeting. The next meeting will take

place on Tuesday, November 11,2000.

Transportation & Safety Committee - Trustee Richard J. Tross,

Chairperson

Trustee Tross stated the next meeting will take place November 7, 2000.

Community Promotion & Tourism Committee - Trustee Richard J.

Tross, Chairperson

Trustee Tross informed the Board that this Committee met this afternoon at which time 2

grant applications were approved, Santa, for the DLU Chamber of Commerce, and

Maple Street Chapel advertising for 2001 Concert. Trustee Kufrin asked if the Maple

Street Chapel group is a Not for Profit organization not a part of First Church. Trustee

Tross stated they are a totally separate entity from First Church of Lombard and indeed

a chartered public Not for Profit organization,

DuPage Convention & Visitors' Bureau - Trustee Richard J. Tross,

Lombard Representative

Trustee Tross had no report.

Village Clerk/President of Board of Local Improvements - Lorraine G.

Gerhardt

Clerk Gerhardt stated there is no report until the next meeting takes place.

President Mueller urged the public to watch Channel 6 for information regarding all

Village meetings, all of which are open to the public and urged people to attend.

VII

Village Manager/Village Board Comments

Village Manager William Lichter had no comments.

Trustee Tross wished President Mueller a Happy Birthday and also birthday wishes to

Vern Gerhardt. Trustee Schaffer also wished President Mueller a Happy Birthday.

Trustee Florey jokingly reminded President Mueller to order his 32 gallon waste

container for Senior Citizens. Trustee Tross also reminded all residents to vote on

Election Day on November 7, 2000. Clerk Gerhardt reminded residents to vote

absentee if necessary which is available to residents of Lombard at the Village Hall on

Friday, 8:30 AM to 4:00 PM, Saturday, 8:00 AM to 12:00 Noon, and Monday, 8:30 AM to

2:00 PM. Clerk Gerhardt commented on the large number of residents voting absentee

this year. Kufrin stated that what happens in Washington indeed affects us in our own

towns.

VIII

Consent Agenda

It was moved by Trustee Tross, seconded by Trustee Kufrin Jr., 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 -

000626

This Matter was approved on the Consent Agenda.

000634

This Matter was approved on the Consent Agenda.

000635

This Matter was approved on the Consent Agenda.

000611 *D. PC 00-49: Text Amendments to the Lombard Zoning

Ordinance (Ordinance on First Reading) (Moved to IX-D)

000614

This Matter was passed on first reading on the Consent Agenda.

Enactment No: Ordinance 4885 816

000612

This Matter was passed on first reading on the Consent Agenda.

Enactment No: Ordinances 4886 & 48

000560

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 64-01 Cha

000627

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 65-01 Har

000582

This Matter was passed on second reading on the Consent Agenda.

Enactment No: Ordinance 4881 Liquo

000630

This Matter was approved on the Consent Agenda.

Enactment No: Parkway Tree Trimmin

000631

This Matter was approved on the Consent Agenda.

Enactment No: Employee Recognition

000638

This Matter was approved on the Consent Agenda.

Enactment No: LiveScan Fingerprint

Agenda Items for Separate Action

000467

Enactment No: Ordinances 4888, 488

It was moved by Trustee Borgatell, seconded by Trustee Schaffer, that this

matter be continued to the November 16, 2000 Board Meeting. 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 -

000628

AN ORDINANCE AMENDING BUDGET ORDINANCE

Enactment No: Ordinance 4882 Budge

It was moved by Trustee Schaffer, seconded by Trustee Florey, to amend FY

1999-2000 Budget. The motion carried by the following vote:

Aye:

Village President Willliam J. Mueller, Trustee Ralph Borgatell, Trustee

Richard J. Tross, Trustee David N. Schaffer, Trustee Steven Sebby,

Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr.

7 -

Trustee Tross left the dais at 8:00

000613

Trustee Kufrin questioned whether the deviation of the facade would be especially

unusual. Mr. Hulseberg stated it is not, this gives the plan commission the authority and

flexibility to approve deviations in the design of a building.

Enactment No: Ordinances 4883 & 48

It was moved by Trustee Schaffer, seconded by Trustee Kufrin Jr., to approve an

amendment to the Second Amendment of the Pre-Development Agreement for the

Highlands of Lombard. The motion carried by the following vote:

Aye:

Trustee Ralph Borgatell, Trustee David N. Schaffer, Trustee Steven

Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr.

5 -

Absent:

Trustee Richard J. Tross

1 -

Trustee Tross returned 8:04

000611

Mr. Hulseberg gave the staff report clarifying code requirements and differences of mini

warehouses versus storage centers. A new design and it's merits was investigated by

the staff. Trustee Kufrin questioned the origin of the design. Mr. Hulseburg stated

businesses that have used this sort of facility. Mr. Hulseberg stated that these facilities

are off-site. Trustee Borgatell asked if this type of a structure would be the best use of

the area. Mr Hulseberg stated this type of use would not be acceptable at particular

areas with high volume traffic, in excess of 25,000 cars per day. Trustee Tross stated

this type of facility has been around for a very long time in large cities. He emphasized

his concern in regard to this type of facility being used for the St. Charles Road Corridor.

He voiced his concern about the residents of the area having a voice in the use of this

location. He expressed his concern for the way the developer has requested an

amendment change. Trustee Kufrin stated that these types of developments should be

pursued with caution and Village Board approval. Trustee Borgatell asked the Board to

separate the amendments. The President and the Trustees agreed by consensus.

Enactment No: Ordinance 4891 Lomba

It was moved by Trustee Borgatell, seconded by Trustee Kufrin Jr., to approve on

first reading an amendment to Section 155.212 of the Lombard Zoning

Ordinance, Permitted Obstructions in Required Yards. 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 -

It was moved by Trustee Sebby, seconded by Trustee Florey, to approve on first

reading an amendment to Section 155.417 of the Lombard Zoning Ordinance, I

Limited Industrial Commercial District Requirements. 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 -

Trustee tross cautioned that this type of structure is no different than previous storage

that was denied on the St. Charles Road corridor. Trustee Borgatell voiced his concern

of the other B4 corridors in which developers may attempt to build. Trustee Florey stated

his recommendation is to pass on first reading which would give residents the

opportunity to see plans and address any concerns. Trustee Kufrin noticed that the

outside display that is requested is interpreted to being added at this time, Atty Bayer

stated these uses are already in the B4 corridor, the only new one is "Storage Centers",

provided that the use fronts along an arterial roadway with an average daily trip volume

(ADTV) of less than 25,000.

It was moved by Trustee Florey, seconded by Trustee Sebby, to approve on first

reading an amendment to Section 155-415, B4 Corridor Commercial District

Requirements and that notices be sent to residents in order for them to address

any concerns they may have. 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 -

It was moved by Trustee Borgatell, seconded by Trustee Florey, to approve on

first reading the amendment to Section 155.802 of the Lombard Zoning

Ordinance, Rules and Definitions. 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 instructed Mr. Hulseberg to send a memorandum to the members of

the Board defining where the B4 Corridors are and the districts involved.

000615

Enactment No: Ordinance 4907 PC 00

Mr. Hulseberg stated the Board had previously approved a conditional use, but the

petitioner ran into some financial difficulties and the conditional use expired. The

petitioner has done some work without permits but is now ready to proceed. Trustee

Sebby stated his concern regarding this size of a facility in the proposed area so close to

the Lombard Lagoon. He questioned whether the petitioner has reviewed the North

Avenue plans for expansion. Mr. Hulseberg stated he has. Trustee Sebby's other

concerns were crossing three lanes of traffic to access the business after the expansion

has taken place and the petitioner's request to waive first reading. Village Manager

Lichter stated that access to the property would have a U-turn permitted and customers

would have to go slightly east and U-turn as direct access would be from westbound

traffic only . It was determined by viewing the plans that there would be no access from

Grace Street on the North. Trustee Sebby expressed his desire to have this matter

tabled to the December 7, 2000 Board Meeting in order to have more time to review.

It was moved by Trustee Sebby, seconded by Trustee Florey, that this matter be

tabled until the December 7, 2000 Board Meeting. 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 -

Agenda Items for Discussion

000637

Laura Fitzpatrick 438 S. Lewis, read a letter from a neighbor who could not attend. The

letter stated that she has had to go to other communities to attend cultural arts functions

with her 2 daughters as the fine arts programs are limited in Lombard.

Peter Kramer 272 E. Taylor, wished Clerk Gerhardt a Happy Anniversary. He also

wished to expressed his support for the Theater becoming property of the Village of

Lombard. He approves of the lighting and window protection that is being provided to

the building. He found it encouraging that more & more performing arts centers around

the country are successful. He believes in the restoration of the theater and shops. He

approves of Village retaining ownership and control of the Theater. He stated the

Preferred Developers have never failed in their attempts to redevelop properties in

Downtown Chicago and across the nation.

Adam Novak, 216 N. Broadview, represented a theater group of young adults in

Lombard. He expressed his hope for the theater being made into a place that would hold

live theater, movies, and other performances. He expressed his wish that the theater

become a place that would hold performances year round.

Pam Pulice, 1801 S. School, stated the Mapel Street Chapel Preservation Society is

raising funds for restoration as is the "Grand Theater Corporation" in Wheaton,which

plans on restoring murals and ceilings of that Theater with monies raised by fund raisers

and not tax dollars. She stressed that the DuPage Theater supporters are willing to do

the same. She states a documentary is being made and the public is invited to

participate on November 11, at 415 Crescent Blvd at 10:00 AM.

Darwin Walton, 18W725 13th St. Ms. Walton admitted her feelings have been

expressed repeatedly but also added her plea to restore the Theater.

Enactment No: DuPage Theater

President Mueller related that members of the Board had visited the sites of Preferred

Developer and Banbury. He feels it is time to move forward and make a decision in

regard to the theater. He asked that both developers proposals be set aside at this time,

the village retain ownership and commit One Million Dollars of TIF money to rehabilitate

the theater. He recommended that a committee or commission be formed to investigate

costs to restore and to continue investigation of architectural restoration. The money

allocated from the State of Illinois, $125,000 from Lee Daniels, and $125,000 from Pate

Phillips for a total of $250,000 should be utilized to complete the studies. The State will

fund a study only, not construction.This information would then be given to a

commission/committee to analyze fees and the desirability and feasibility of rehabilitation

and the establishment and operation maintenance of the Theater as a cultural center.

Trustee Sebby expressed his thoughts about the length of time the theater has been an

issue since Big Idea pulled out of their commitment. The 2 proposals that are on the

table at this time are very expensive. He was impressed by the structures that were a

part of the trips to 2 other restored buildings. He went into the DuPage Theater and

shops and viewed the property. He stated that if this is tabled for yet another year, he

fears the issue will still be unresolved.He confirmed that he has always supported

accepting the property as it would give the Village control over it's future.

Trustee Tross commented that although he agrees with Trustee Sebby, he hopes that

the board not restore, not historically preserve, but remodel. He feels that the building

itself and the formation of a cultural, visual arts entity are separate issues. He cited the

fact that the Log Cabin and the Lombard Lagoon building are not used to their capacity.

Trustee Tross questioned if there was some way to find out if this is or is not feasibly

possible.

President Mueller commented the purpose of a committee would answer questions of

feasibility, desirability, and costs. Along with the Community Development Department

the commission/committee would investigate possibilities for the Theater. He stated he

received some information regarding grants which could be pursued.

Trustee Kufrin, Jr. explained that he agrees with President Mueller that the 2 proposals

should be set aside. He cited the fact that Downers Grove and Addison are looking into

the possibility of arts centers, and also mentioned the Wheaton Center which he

believes has been quoted as costing $6-10 Million. He feels this is not a project that the

village needs. He voiced his concern that once $1 million of TIF money has been

invested and monies raised by grants and fund raisers falls through, money from the

Village Budget will be necessary to complete the project. In regard to the Metra building

a parking area, he is in support of that. He appreciates the efforts of the people who are

trying to save the theater.

President Mueller again stressed that he does not intend to cut Village programs or use

tax dollars for this.

Trustee Kufrin feels the possibility is the Board has closed it's eyes to other options with

only the theater in mind.

Trustee Florey stated the need for bringing people into the downtown area, and he feels

that the way to accomplish this is to follow through with President Mueller's plan. He

feels that funding should include TIF money for the development of the Downtown area.

He feels by June 1, 2001 plans and cost figures should be available. Within the following

6 months, the committee should demonstrate that there is sufficient funding for the

project and he would like to see a construction time line.

Trustee Schaffer related some of the residents in his district suggest tearing it down but

urged that the DuPage be given a second chance. He feels a year is a feasible time to

find funding for the renovation, but demolition is too final. He suggested murals be

painted on boarded up areas and the marquee be used for Village announcements.

Trustee Borgatell called for the question.

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

be demolished and the Village move forward with the sale of the property. The

motion failed by the following vote:

Aye:

Trustee Richard J. Tross, Trustee Steven Sebby and Trustee Paul Kufrin

Jr.

3 -

Nay:

Village President Willliam J. Mueller, Trustee Ralph Borgatell, Trustee

David N. Schaffer and Trustee Kenneth M. Florey

4 -

Trustee Sebby voiced his concerns that young people may enter the building and the

fear that the building will become a hazard. He also pointed out that the building will

need to be winterized in the light of the water pipes that burst this past winter of 1999.

Trustee Tross feels a committee should be named and particular options outlined.

President Mueller felt it was clearly stated that funding for a study would be State

funding. President Mueller does not wish to expend village dollars in investigating the

feasibility of renovation. Funding proposal of grants and other funds should be available

by January 2002. State money of $250,000 is available for investigation of projects and

proposals available.

Trustee Borgatell asserted that since it is now our property, it is more appropriate to

designate funds than it was to Big Idea.

Trustee Tross expressed his confidence in President Mueller's idea, but asked that

plans are put in writing and a correct format be brought to the board.

Trustee Florey moved and Trustee Borgatell seconded to proceed with the formation of

a commission, the development of plans as recommended by President Mueller using

State of Illinois funding and the development of a basic plan by June 1, 2001 and final

plan by January, 2002. After further discussion the motion and the second were

removed.

It was moved by Trustee Florey, seconded by Trustee Borgatell, that the Village

President prepare a document to bring back to the Board, at the earliest possible

convenience, creating an ad hoc committee/commission in regard to the DuPage

Theater site. The motion carried by the following vote:

Aye:

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

Schaffer, Trustee Steven Sebby and Trustee Kenneth M. Florey

5 -

Nay:

Trustee Paul Kufrin Jr.

1 -

Executive Session

It was moved by Trustee Schaffer, seconded by Trustee Borgatell, that the

Regular Meeting of the President and Board of Trustees recess to Executive

Session at 9:35 PM for the purpose of discussing collective negotiation matters.

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 October 19,

2000 was called to order by President William J. Mueller at 9:45 PM

Upon Roll Call by Village Clerk Lorraine Gerhardt the following were present: President

Mueller, Trustees Borgatell, Tross, Schaffer, Sebby, Florey, and Kufrin, Jr.

Quorum Present

XII

Adjournment

It was moved by Trustee Schaffer, seconded by Trustee Borgatell, that the

Regular Meeting of the President and Board of Trustees of October 19, 2000 be

adjourned at 10:00 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 -