Village of Lombard Legistar System

Mr. Jack Fiedler, 375 N. Vista, spoke on behalf of others in his neighborhood requesting

the Village Board order the condemnation of 379 N. Vista. He said that the house had

been vacant for 10 years and there are animals and vermin in the house. He further

explained that their waste has been absorbed in the building materials and because of

the odor, the house can't be salvaged. He also said that there is a mold problem in the

walls and roof because the owner has covered holes in the roof with plastic bags rather

than repair the roof. He told the Board that the stench is terrible. He said that they had

called the Village reporting a sick animal and someone at the Village told them that the

animal was on private property and so the Village couldn't do anything about it. When

they called Willowbrook Wildlife preserve they were told that since these animals are

nocturnal they can be extremely dangerous if approached in the daylight and can be

rabid and could infect neighborhood pets and attack young children.

Mr. Fiedler went on to say that roots from the trees on the property have clogged his

sewer and he has discovered that builder had connected the house next door to his

sewer. He told the Board that the house is a serious threat to the health and welfare of

the neighborhood and to Shaffer School, only a few doors away. He said he was

confident that the Village would settle this but they demand demolition of the house and

purification of the land. He said that they would seek legal council and the media if

nothing is done. He gave a neighbor's name for the Village to contact about settling the

matter.

Community Development Director Hulseberg said that they had gotten the complaint

about the property not the structure. When they responded the grass had been cut. Mr.

Hulseberg said that the owner told the Village that he had a contract to sell the property,

but they found that that is not the case. Mr. Hulseberg said that with respect to the

structure he would defer to the Fire Chief.

Chief Seagraves said that they had gone out and found the house was not in a state

where they were able to issue a demolition order.

Trustee Sebby commented that the property is a detriment to the neighborhood.

Trustee Soderstrom said that they had a situation like this near him, which the Village

was able to rectify,and if it is a safety factor, he felt this could be handled by the Village

as well.

Chief Seagraves replied that there had been a serious fire at the house Trustee

Soderstrom referred to in which damages exceeded 50% of the value of the property. In

that case, that house was a safety hazard. He said that disrepair cases can't be dealt

with through demolition. He commented that perhaps the Health Department would be

able condemn it on the basis of health reasons.

Trustee Soderstrom asked the Chief to exhaust every effort to resolve the problem. The

residents met in the Community Room with Trustee Sebby, the Fire Chief and

Community Development Director Hulseberg.

Trustee DeStephano commented that the Committee met on June 25 and discussed

Cruise Nights recycling efforts. She urged residents to use the brown cans for recycling

and to attend Cruise Nights. Trustee DeStephano also announced that on September

14 the Village will hold the Recycling Extravaganza. She said that the next meeting of

the Committee will be July 23. She said Pam Schau has left the Committee and did a

nice job while serving. Trustee DeStephano said that the Committee now has an

opening for a new member. She explained that they meet on the 4th Tuesday each

month and asked that Lombard residents with a strong interest in Environmental Issues

apply by calling Carol Bauer at 620-5712.

Trustee Koenig reported that the Committee had met regarding the DuPage Theater

Business Plan. Although a newspaper story reported that the Committee had approved

the business plan, they in fact had approved only certain line items. She went on to say

that they viewed part of the plan with healthy skepticism and the vote was 4 to 2. They

were encouraged by the comments of Fred Solari of the Atheneaum Theater who gave

a comforting opinion regarding the personnel projections and that he believes that this

type of Theater can be run in the black. She said that she will provide a complete report

at the August meeting and encouraged any interested members of the Finance

Committee to attend the August Board meeting to add their input.

Trustee Koenig added that included in tonight's agenda is a meter reading contract

which represents only a 7 cent increase per reading. She congratulated Staff on doing a

good job of negotiating the contract.

Clerk Kramer, reporting as President of the Board of Local Improvements stated that the

Board met last Thursday, July 11, 2001 and approved the following items:

For Special Assessment 213, West/Windsor/Woodland, final balancing change order

#12 in the maount of $41,657.04.

For Special Assessment 216, Ahrens/School/Norton/Highridge/Wilson, payout number 2

in the amount of $26,902.36, change order one reflecting a decrease of $2,530.50, and

payout number 1in the amount of $259,889.20.

For Special Assessment 217, Lombard Lagoon Wetland Study, a resolution authorizing

amendment #1 reflecting an increase of $7,289.14, and payout numbers 20 & 21totaling

$28,336.63.

Under other business, Ray Schwab, Civil Engineer II briefed us on his continuing efforts

with Illinois-American Water Company and water in the Lombard Lagoon area. Ray also

presented a brief overview of the Special Assessments Survey prepared by Crystal

Wojtysiak, Engineering Co-Op. An interesting note is that 12 out of 33 municipalities

surveyed do Special Assessments (42%). Each of the active municipalities have done

about 3 Special Assessments in the last 10 years-the majority of which are road repairs

and sewer and water improvement. In most cases, the Special Assessment cost is

dependent on the project. There is no set standing cost.

The next meeting of BOLI is scheduled for Thursday, August 15 at 1:00 pm.

Village Manager/Village Board Comments

Finance Director/ Acting Village Manager Len Flood reported that now that the Meter

reading program contract has been drafted, a Water and Sewer Rate Study will be

undertaken. He said that the Finance and Public Works Departments will be working

jointly, as they had on the meter reading program, to select firm by October in order to

be ready for the Budget process and bring a proposal to the Board in February before

adoption of 2003-2004 Budget.

President Mueller Congratulated Kristi and Ken Florey on their new baby daughter.

President Mueller announced that tonight would be Chief Graves' last meeting. The

President commented that Chief Graves had been in Law Enforcement for many years.

He said that the Chief had been recommended to us, and had agreed to act as Interim

Police Chief. He thanked the Chief for his professional dedication and the harmony that

he has brought to the Police Department,as well as instituting new programs in the short

time he has been with us. President concluded by saying "Thanks a million and best

wishes" on behalf of the Village.

Trustee Soderstrom stated he will only make one comment at this time. He said he was

disappointed that the Finance Committee did not have the opportunity to review the

DuPage Theater Business Plan as a whole and urged the Economic and Community

Development Committee to review the plan as a whole.

Trustee Koenig said that they did have the opportunity but they chose to limit their

scope.

Trustee Tross said that many members at the Finance Committee meeting wanted a

second motion and it was not allowed as it was not on the agenda, with the Finance

Director referring to a previous memo from Attorney Bayer.

Director Flood said that they didn't consider the scope of the project at the meeting

because the scope of the project was not on the agenda.

President Mueller said that no committee had been charged with review of the scope of

the project.

Trustee Tross said that the Finance Committee had been charged with determining the

feasibility of the Theater. He he said that they were limited to specific columns.

President Mueller suggested that the matter be deferred until the Finance Committee

made their full report.

Trustee Sebby wished his wife Libby a Happy Birthday as she had turned 28 again

yesterday.

Trustee Sebby also said that they had dinner at the Texan Barbeque and the food was

fantastic. He said that they talked to the owner, Mr. Madden, who was actually bussing

tables. He said it is a very busy establishment. Trustee Sebby said that the new

restaurant is a very viable addition to the Downtown Development . He said that a

business using valuable property for a viable use is a favorable option especially with

tax generating residential units above. Trustee Sebby said that he would like to see

more of that type of development both East of Main Street on St. Charles as well as on

Main Street South of St. Charles. He said that in the case of the DuPage Theater

structure on Parkside and Main emotions are swaying some people. He said that

government is to be by the people, for the people and not just for a select few. He

reported that the DuPage Theater newspaper had an article in which a DuPage

supporter said the Village needs to make a decision. Trustee Sebby said that he thinks

that this is so important that the Village should draft the proper language to put a

referendum on the November Ballot, to be considered at the August Board meeting.

Trustee Florey said that the business plan is a complex plan and Committees were

charged with the economic feasibility based on the business plan and not the policy as

to whether are not to proceed with the theater restoration project.

President Mueller added that the Board will hold a separate meeting in August on the

subject. He stated that the direction was to review the plan and that was the extent of

their review. He said that Trustee Tross had asked the Committee to vote on the project

its self but we have only asked the Committees to report back regarding the business

plan.

Trustee DeStephano thinks that the Texan is wonderful but we need a mix of uses in the

Downtown area. She said that there are 2,000 residents who want to save the Theater.

She will not support a referendum.

Trustee Tross thanked Board members on behalf of the Bingo and gaming volunteers

for their participation at the Taste of Lombard. He said that the Jaycees thank the

Village for services provided as well as the Fireworks and staff for their services. He

thanked the residents of districts 5 and 6 for allowing all of the attendees in their back

yard. President Mueller said that we will recognize the Jaycees at our August Board

meeting, he thanked the Jaycees for doing a wonderful job and for arranging a great fire

works display.

Trustee Sebby said that he had not had the chance to look at the property for the item K

request on West Road and asked that it be removed from the Consent Agenda.

President Mueller said that it will be moved to Separate Action.

Director Hulseberg gave a presentation with details of the proposed subdivision. This

development calls for 4.1 dwelling units per acre. He gave details of the surrounding

land uses and lot sizes in the area. He pointed out that the petition includes variations

for the fence heights so that all fences along Route 53 will be uniform and to provide

screening from the Great Western Trail. He pointed out that along Meadow Avenue, the

fence would be six feet as it wouldn't impede on any properties or clear line of sight.

Some considerations have been made to buffer the sight from Route 53 if the highway is

widened and lowered. They will also attempt to save as much plant material as possible

to buffer noise. In conclusion, Mr. Hulseberg said that Staff agrees with the petition and

the Plan Commission unanimously recommended it to the Board of Trustees.

Scott Richmond, 474 Summit ,Elgin, Attorney for Mercedes Builders, spoke and

introduced owners Joe Pierro and Michael Baracas. The developers made a

presentation regarding their petition. He highlighted the detention features and said that

home prices would be in the $400,000 range. He said thatthe development will

conform with the surrounding properties and be an asset to the Village.

While she saw many positive aspects to the development, Trustee DeStephano asked

for the matter to be tabled until the August Board meeting in order to have time to

negotiate further with the Developer to reduce the density.

When asked by the Trustees if they had intended to construct this season, Mr.

Richmond said that the matter being tabled and/or approving it for fewer lots would

make the project financially unfeasible.

It was stated that the project had originally requested approval for 40 townhomes, at the

Village's request, the developer had proposed the project with the 18 single family

homes.

During the ensuing discussion it was suggested that the Board review the guidelines of

density in various zoning districts at a later date.

The Trustees expressed varying opinions as to whether the matter should be tabled with

one being the shortness of the construction season. Some members were of the opinion

that if the comprehensive plan is already in place and the proposed project is in

compliance, it should be approved.

President Mueller reminded the Board that the developer had already been asked to

enlarge the lots and had said that they could not. He also stated that the Board

frequently approves variations on a case by case basis which the Zoning Board has

recommended for denial.

Director Hulseberg gave a powerpoint presentation on the issue of garages. He

highlighted two requests for relief from the code which were approved by the Village

Board and at that time they asked that the issue be reviewed with the Plan Commission.

He said that the Village Codes are to promote compliance and preserve appearance.

He gave the details of the study that staff had done.

Trustee DeStephano said that she had pulled this item so they could talk about it. She

was concerned that item 4 will cause variations of smaller lots coming to ask for

hardship, and wondered how it could be written to make variation requests decrease.

President Mueller said you stop variations by not granting variations. He mentioned that

the Village of Oak Brook is an example of a community where they do not grant

variances.

Trustee Soderstrom spoke in support of the ordinance and said that the review had

been done well by staff.

Trustee Tross said that he had asked that this item be pulled as it is too complex and

too complicated. he objected to the disclaimer which must be written on any materials

given out by groups using the facility as well as the insurance requirements. When

asked to comment, Attorney Bayer explained the relationship with the Village being the

owner of the Historical Museum and the land. He said that he had been asked to draft

something to protect the Village from liability and to limit use of the facilities to historical

purposes. He also said that should the Board desire something less, that is their

decision.

Trustee Florey said that as an Attorney, he deals with this type of situation all the time

and said that unfortunately, steps like this are necessary due to the state of the world

now. He feels that since this is our property, this agreement is necessary to protect the

Village.

Director Hulseberg presented the details of this petition and said that the resident

requested a vacation of the Sunset roadway adjacent to the Broadview Slough

eventually. Trustee Tross requested that the lot does not become a lot of record.

Trustee Sebby said that he wasn't aware of the facts mentioned tonight when he asked

for this item to be moved to separate action and has no issue with the request. Trustee

DeStephano mentioned that it will be a cost savings as we are now maintaining the land

and when it is vacated it will be maintained by the property owner. Some discussion

was had regarding the terms of the eventual vacation. Director Hulseberg explained

that those details of price and division could be negotiated at a later time.