Village of Lombard Legistar System

Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President

Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom.

Quorum Present

Appointed Officials Present:

Village Manager William T. Lichter

Assistant to the Village Manager Ellen Balsamo

Village Attorney Tom Bayer

Assistant Village Attorney George Wagner

Finance Director Leonard Flood

Director of Community Development David Hulseberg

Police Chief Ray Byrne

Deputy Chief Dane Cuny

Deputy Chief Patrick Rollins

Fire Chief Ed Seagraves

Village Engineer Dave Dratnol

Director of Public Works Stan Rickard

Assistant Director of Public Works John Burg

Deputy Village Clerk Barbara Johnson

President Mueller presented certificates to the members of Cub Scout Pack 202 and

their leaders.

President Mueller presented certificates to the members of Cub Scout Pack 202 and

their leaders.

Police Chief Ray Byrne made a special presentation regarding AED survivor, Mr.

Peterson and Officers Dan Neustadt and Dan Kelly who had been first responders

located in the vicenity of Mr. Peterson's home and administered the Automatic External

Defibrillator which saved his life. The installation of the AEDs in the Lombard Police

squad cars has enabled Police to respond to medical calls. On October 6, Neustadt and

Kelly heard a call for medics in the 500 block of South Main St. and responded. When

they arrived on the scene, Peterson was unconscious, had no pulse and was not

breathing. The two officers administered treatment and when Mr. Peterson was

transported he was breathing, had a pulse and was alive. Chief Byrne thanked the

Board for approving the purchase of the AEDs for the Police Squad Cars. Fire

Department Battalion Chief Mike Kalina presented a demonstration of the use of AEDs.

He said that it is first important to make the call to 911, Mr. Peterson's daughter had

called, then someone has to administer CPR, which his wife did and then the defibrillator

needs to be there within minutes. Police can often be right in the vicinity and be on the

scene before the paramedics arrive. Mr. Peterson presented the Police officers the Fire

Department's heart pin for saving his life. Battalion Chief Kalina said it is the hope of the

Fire Department that they can also turn the squad cars red with the heart decals which

Lieutenant Neustadt and Officer Kelly will receive for their squad cars as more officers

use the AEDs to save patients' lives.

Trustee DeStephano reported that the Committee met on November 13, at which time

they approved two grants, one to Manor Hill for tables and the other to Montini High

School for water anylyzers. Those grants will be brought to the Village Board at the

December 5th meeting. She added that they had reviewed a request for Westmore

School, the school is in the process of reworking their request. They will bring it back to

the Committee in December. She announced that the Committee had established three

subcommittees; with Clark Adams to chair the Mosquito Abatement Subcommittee,

Gayle Kankovsky to chair the Recycling General Mailings and John Loebeck to chair

Commercial and Multi-Family Recycling initiatives. Trustee DeStephano asked for

volunteers to the Subcommittees, which will meet in January.

Mr. Lichter announced that the Lombard Police Department had passed accreditation

again. He thanked Chief Byrne and his staff for the well-deserved honor.

President Mueller said that they had learned that the County Board was dissolving the

Solid Waste Committee and had sold the property. As President of the DuPage Mayors

and Managers conference, he wrote a letter of opposition, as this left us with no

representation for environmental concerns. He announced that they have worked out

an agreement and the County Board has agreed to appoint an ad hoc Committee of the

County Board for future environmental concerns. Also, although the dollar amounts are

not yet known, communities will receive a portion proceeds of the sale of the property.

Trustee Tross commented on the procedures for the appointment to the Historical

Commission.

Robert Kartholl, attorney for the petitioner, whose office is located at 108 E. Irving Park

Road in Itasca, spoke in favor of his client's petition for the teen entertainment center.

The center is to be known as Kool Zone Entertainment, Inc. He expressed concern

about expediting their request as time is of the essence because of their landlord. He

also expressed disagreement with the ordinance stating that anyone who leaves the

premises would have to pay an additional fee to re-enter. He said that their rule is more

stringent and does not allow someone who leaves to come back to the club on the same

day as they may have in the meantime gone somewhere and had alcohol or drugs. He

was also concerned about the need for background checks and was of the opinion that

there should be a limitation of 10 years and not fashion this license after the liquor code

as no liquor would be served. Mr. Kartholl stated that the reason liquor codes are so

strict is a throwback to the days of prohibition when serving liquor was affiliated with

organized crime. He pointed out that employment applications, including that of the

Village of Lombard, only go back 7 years and take into account the age at which a

felony occurred and what the felony may have bee. He said that these restrictions are

not placed on other youth related licensure such as day care and youth oriented

athletics. He said that the Federal Courts have deemed that felony convictions more

than ten years prior do not affect the credibility of persons. He stated that although Mr.

Chudzik had been convicted of committing a felony when he was 17, he has been an

upstanding citizen since then. He then said that the 4 am closing time is essential to the

competitive nature of these types of clubs, as they all stay open until 4. He said that

persons under the age of 17 will be cleared out long before curfew time. He said that he

and his client believe that their club will be a safe controlled environment for teens who

would be out and about at that hour anyway. He said that if their club is forced to close

at 2 am, the teens will leave and go out into the community to find something else to do.

He further stated that they do propose that no new patrons will be admitted after 2 am.

Chris Chudzik, 16912 Deerpath Dr., Homer Glen, spoke about the other club he has

had open for years saying it has a perfect track record. He also said that he runs other

businesses associated with teens and that, with over 13 years experience, he knows

how to handle teens in this type of facility. He said he has proven in the past that he can

provide a safe environment for teens, that he has been a troubled teen and he knows

the signs of trouble. He said that he is a role model to thousands of teens. He said that

his background should not be held against him in opening the club,because he is some

one who can listen, whom teens trust and they will not mess up in his club because they

respect him. He stated that he has never been so embarrassed by references to his

past as he has been in the media in Lombard. He said that inexperienced teen club

owners could perpetuate problems. He went on to say that the 4 am hours were made

by the kids, not him, because they are out that late anyway.

He agrees with no new patrons after 2 and feels that staying open until 4 could actually

be safer for the teens as they won't be leaving when all the drunks have to leave the

bars. He repeated that once the kids leave they can't come back in until another day or

next weekend. He asked that the Board give him the opportunity.

Sara Faux 1N 544 Park Blvd, Glen Ellyn, said that teens need a teen club where they

can go and skate and be safe. She said that this is the best thing that Lombard could do

for teens.

Steve Forest, 225 Wren Ct., Bloomingdale, spoke in favor of the club. As the father of 4

kids, he has gone to other clubs with his teen and it was fine. His other 3 kids will want

to go to the skate park.

Dylan Jones, 331 Garfield Terrace, a student of Glenbard East High School, spoke in

favor or the skate park and said that he has spoken to many kids from many

communities and all are in favor. He said that the tickets for skating in town are

expensive.

Dave Jones, 331 S. Garfield, said that he is a resident of Lombard and a 10 year

businessman in Downtown Lombard. He said that that he believes that the promises

proposed by Chris' attorney would be fair . He also said that Lombard has a lot of skate

boarders who would benefit from the skate park. He said that the park would give these

kids something to do. He said that other parents he knows have had good things to say

about teen clubs and this would be a winning situation for Lombard. He concluded

saying that all of us have made mistakes; that Chris's track record speaks for itself.

Ken Kosirog, 548 S. Main, spoke in favor of the teen club. He said it would be a good

use of vacant property and give the kids something to do. He felt that this business

should not be overly restricted. He said that Chris Chudzik spoke with integrity and

honesty.

Tim Kuecker, 230 Millcreek, Bloomingdale, spoke in favor and said that he does

business with Board Dogs and is a sponsored skater of theirs. He believes that kids

should not be ticketed for skating. He said that kids should have some place where they

can skate, watch movies, etc. He urged approval of this petition to keep the kids close

to home safe with the good officers of Lombard.

Rich Laurenzana, 23 E. Pleasant Ln, said that the teen club would be an asset. He said

that he is a parent of two ages 7 & 12. He wants to keep the kids here and expose them

to a dance club where there is no alcohol or drugs

Trustee Sebby commented that there is a need for a skate park, but he thinks that a

place for 17-20 year olds to go after 2 a.m. is home. He said he is bothered by the 4

a.m. closing time. He said that the society has an epidemic drug problem and the

potential of drugs in a gathering place of this type is very real. He said it is society that

creates this problem not Mr. Chudzik. Parents need to provide good guidance and

beyond that you have to have faith in your kids when you have a gathering of 1000-3000

you have the potential for trouble. Chris said that they expect 1000 patrons a night.

Trustee Soderstrom called a point of order to have the discussion focus on the

ordinance on licensing.

Clerk Kramer left the room at 9:33 and returned at 9:35.

It was moved by Trustee Sebby, seconded by Trustee Florey to waive first reading and

pass on second reading under suspension of the rules the ordinance supplementing title

11 with regard to Teen Cabarets/Juice Bars.

Trustee DeStephano said that in reviewing this petition it also calls for a conditional use

for the CD Store and clothing sales. She said that the club would not generate much

sales tax, so we need to view it as a social benefit. She said that she believes it will

benefit kids. She said that the club needs to be a safe place and the operator of good

character. She did not support closing at 2 am but preferred 4 am with conditions. She

said she supports the 10-year look back period although people speak glowingly of

Chris Chudzik. She said that she had visited Mr. Chudzik's Tinley Park club and

although she did not like the music, she found it to be a safe environment.

Trustee Tross referred to the document he had crafted and thanked the speakers for

their integrity. He said he favored the concept but wanted to tighten up the ordinance.

He made the following points: 1)He said that there should be a non refundable $5,000

licensing fee. 2) That other fees would be charged as with other businesses. 3) He said

that a ten-year limitation is adequate except for sex offenders. 4) He said that he

believes that 12 and 1 o'clock during the week and 1 and 2 on the weekend are

adequate hours. 5) Trustee Tross also said that the penalty phase concerns him and

listed propsed offenses and fines culminating in the revoking of the license.

Trustee Koenig said that the juice bar ordinance would apply to any business that would

come in that was in this category. She said that first she thought that kids need more to

do and that she thought that the 4 am closing was too late. She said that she felt the

hours would have a negative impact on school work. As a parent she said she thinks

that parents now have a harder time parenting because society does not support

parents. She said she agrees that the market is driving the hours. She said we need to

put some limit on the time and that 2 am is late enough.

Manager Lichter introduced this matter and turned the review over to Mr. Hulseberg for

the South portions of the property and parking spaces. He said that no incentives would

be offered to any developer for this property.

Trustee DeStephano asked if the address had been changed from 109. Mr. Hulseberg

said that will occur when we break off the property on the plat. She asked for the list of

developers to be included in the package and that this RFP be opened to other

developers. Trustee Florey commented on his corrections. Mr. Hulseberg explained

that the corrections were of certain terms such as reuse being replaced with

redevelopment but nothing that changed the intent. President Mueller said that he has a

problem with everyone not having the comments, that the corrections were not

distributed. Director Hulseberg said that he recieved these late today and there had

been no chance to redo the document. Trustee Florey said that the changes were not

substantive.

Trustee Soderstrom said that he shares the concerns of the implications of inducements

but he feels that they are not minor when item 10 page 7 the section states that

inducements may be required. Director Hulseberg explained that one typical

inducement would be stormwater variations. Trustee Soderstrom said that if it is a

customary inducement, it should be spelled out so the developer does not think it will be

TIF money or other monetary inducements, and that would be acceptable.

Mr. Lichter said that we can rewrite the document and get the Board's input. Trustee

Florey said that the language is clear that there will be no monetary incentives. He said

that he proposed a change in the timing of when this is released. He wants it to go as

soon as possible rather than waiting for the 501C3 to be established . He stated that he

would like this RFP process to proceed.

Trustee DeStephano said that establishing the 501C3 can take 6 months to 1 year and

we don't want to wait that long for the RFP.

Trustee Tross mentioned that the costs to process the RFP should not be paid for out of

the General Funds, only from the DuPage Theater funds. He also emphasized that this

is disposal of Village Property.

Trustee Sebby asked if the costs associated with the processing of the RFP were

around $5,000. Director Hulseberg confirmed that it would likely be in that price range.

Trustee Soderstrom pointed out that the South property will benefit the DuPage Theater

and the costs should come from DuPage Theater funds not Village revenue.

Trustee Tross said that it was earlier agreed by supporters and opponents alike that no

further Village funds would be expended.

Trustee Koenig asked if there are no funds available, could we run this in deficit and

continue with this process.

Trustee Tross said that other staff costs associated with the project are out of Village

revenues.

Trustee DeStephano said that there is a fairness issue, we haven't gotten the money yet

for the Silos, we put liens on other projects.

Florey strongly disagrees with the attacks on the funding of this RFP, that the matter is

petty and the advertising costs will benefit Lombard.

Trustee Sebby asked how much money is in the DuPage accounts.

Finance Director Flood answered that there is about $4,000, with the other $45,000, in

hard money, is designated only for restoration.

Trustee Florey said that the Board had allocated $1,000,000.00 and made a motion to

direct staff to take the TIF revenues to fund the RFP for this project.

Director Flood presented a report of vehicle sticker revenues. He first addressed the

issue of a proposed change of the price of "B-TW-RV" stickers from $30.00 to $15.00 as

the State of Illinois had recently changed their rates to be the same cost as passenger

automobiles. He pointed out that this reduction in fees would decrease Village funds by

$38,000 and is not recommended.

The next issue in Mr. Flood's report was the cost of changing the program as it relates to

allowing more than one senior citizen sticker per household saying that the senior rate is

not based on a "needs" criteria but is simply an entitlement program at age 65. He said

that if we are to consider the senior sticker as a needs based price, then we should also

extend the program to others on low incomes, such as single parents raising children

who qualify for tax relief under the Illinois Circuit Breaker Program. Allowing for 2 senior

reduced rate stickers per houshold would decrease revenues by $18,642.00.

He also responded to the issue of amnesty and reported the increase in income and

compliance since penalties were imposed ten years ago. He also commented that

granting amnesty to the 5% of the community who are in non-compliance, is not fair to

the 95% who comply. He also asked if it is wise to reward non compliance with our

ordinances. The revenue lost would be $222,000.00. He said that only 39 vehicles

presently owe for 6 years or more. He said that an average of $66,000 per year in

delinquent funds are collected.

Director Flood then reported on the issue of a change in date from June 1 to July 1 for

penalties to be assessed. He explained that staff proposes that the lower penalty period

be increased to two months to allow citizens more time to come into compliance.

Director Flood then discussed extending the lower cost stickers to those of low income

or disabilities qualifying for the Illinois Circuit Breaker Program. It was his

recommendation that this program be implemented.

Trustee Soderstrom said that he had asked for information with no predetermined

conclusions and stated that the Board needed information to make a decision. He

referred to a document drafted by Trustee Tross some of which he does not agree with

and he feels that the Board should examine this issue through the budget process. He

asked that this information come through the budget process.

Trustee Koenig said that she agreed and said that there are numerous changes

proposed in the memo and suggested that this first go to the Finance Committee or a

joint meeting of Board and Finance Committee.

Trustee Tross said that there is not time for it to go to Committee as Mr. Flood has

indicated that the drop dead date is December 9, either that date has to change or we

have to decide by December 9th.

Trustee Koenig said that she does not want to rush this through even if it means that the

changes not be until the next year.

Trustee DeStephano said that she only got the draft today, it is complex and she does

not want to hurry this because she felt that Trustee Tross's proposal calls for increases

of fees for most classes of vehicle and breaks for others.

Trustee Soderstrom said if we have to go into another year, then we do. We need time

to thouroughly review this matter. The document we worked on did not happen in 7

days and some dramatic changes are propsed in a 7 day review. He concluded that it is

not fair to ask our collegues to decide, especially since it needs review in the budget

process.

Trustee Tross said that he is desheartened as the bottom line of the new rates are the

revenue gains. He indicated that he is upset that the handicapped and seniors are not

going to get any breaks.

President Mueller stated that in the proposal, the Senior rates were actually higher. The

direction was for the matter to be sent to the December 10th Finance Committee

meeting.