Thursday, October 4, 2001
7:30 PM
Village of Lombard
Board Room - Village Hall
Village Board of Trustees
Village President: William J. Mueller |
Acting Village Clerk: Barbara Johnson |
Trustees: Joan DeStephano, Richard J.Tross, |
Karen Smith-Koenig, Steven D. Sebby, |
Kenneth M. Florey and Rick Soderstrom |
Meeting Minutes
Village Board of Trustees
Meeting Minutes
October 4, 2001
REGULAR MEETING - OCTOBER 4, 2001 - 7:30 P.M.
Village President Willliam J. Mueller, Council Member Suzan Kramer, Trustee |
Joan DeStephano, Trustee Richard J. Tross, Trustee Karen Koenig, Trustee |
Steven Sebby, Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
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 October 4, 2001 was |
called to order by President Mueller at 7:33 p.m. in the Board Room of Village Hall. |
The Pledge of Allegiance was led by Village Clerk Suzan L. Kramer. |
II
Roll Call
Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President |
Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom. |
Appointed Officials Present: |
Village Manager William T. Lichter |
Finance Director Len Flood |
Village Attorney Thomas P. Bayer |
Village Attorney George Wagner |
Director of Community Development David Hulseberg |
Senior Planner William Heniff |
Planning Jennifer Backinstoe |
Police Chief Van Dillenkoffer |
Deputy Chief of Police Pat Rollins |
Public Works Director Stan Rickard |
Village Engineer Dave Dratnol |
Deputy Village Clerk Barb Johnson |
III
Public Hearings
None
IV
Public Participation
010700
Enactment No: Deputy Chief Swearin |
Pam Bruns of the Lombard Jaycees presented a check for over $6,000 to the American |
Red Cross to aid their relief efforts to the families of victims of the World Trade Center |
and Pantagon Terrorist Attacks. She said that the money was not from the Jaycees but |
collected from the citizens of Lombard. She said that she was surprised and amazed at |
the generosity of residents who contributed $6,279.94. Ms. Bruns said that she has |
never been more proud to be an American a Jaycee and a Lombardian. A |
representative of the American Red Cross told that the money would be used for |
survivors' relatives in New York and in Washington. They would use the money in |
support of those who had lost relatives in the tragedies including the rescue workers. |
They continue to send forces to both scenes for heath and mental health assistance. |
The Red Cross also will provide travel expenses for survivors of the victims of the |
tragedies to attend memorial services. |
President Mueller thanked the Jaycees for this effort and all the other special activities |
the Jaycees host as fund raisers for many good causes. |
President Mueller also said that the Lombard Firefighters had been conducting their "Fill |
the Boot" campaign for relief for survivors of the and he said that he had heard that |
there was in excess of $7500.00 donated through the Lombard Fire Department |
donations, and that other Village employees, the Police Department and members of |
Village Hall had solicited donations. He estimated that over $20,000 had been donated |
through Village initiatives. Clerk Kramer added that $25,000 had been collected by the |
Lombard Fire Department alone. |
010702
Jim Plunkett introduced Michelle and Paul Terrafino for rescuing their baby brother from |
a fire in their kitchen September 10. The Terrafino children are both former students of |
Firemen Jim and Lieutenant Jim. When Battalion Chief Michael Torrence pulled to the |
scene, the first to arrive, the kids were already outside with their baby brother. Lt. |
Plunkett stressed that their Mom took in quite a bit of smoke but the children and their |
baby brother were fine. He said that he had asked the children where they learned what |
to do and Michelle answered "You know you taught me." He told how calmly the |
children conducted themselves. He also said that their neighbor Mr. Michael Wilson |
entered the home and extinguished the fire in the stove area. Plunkett presented both |
Michelle and Paul with Good Neighbor Awards for their heroic efforts. Although Mr. |
Wilson was unable to attend tonight, he was ackowledged for his brave action and |
presented with the Good Neighbor award. They will all be honored by the Illinois Fire |
Inspectors' Organization at their Luncheon October 28th. President Mueller presented |
both of the children with the Village of Lombard Junior Hero award. President Mueller |
thanked the Fire Department's Education Unit for the fine training they are providing in |
the schools. |
Enactment No: Good Neighbor Awards |
010703
Enactment No: Proclamation - Sing |
010704
Enactment No: Proclamation - Fire |
010706
Enactment No: Proclamation - Custo |
010707
Enactment No: National Association |
010708
Enactment No: National Breast Canc |
010709
Enactment No: Lights on Afterschoo |
010710
Village Attorney Thomas Bayer introduced George Wagner his associate who will now |
attend Board of Trustees meetings and Plan Commission meetings. |
Director of Community Development, David Hulseberg introduced the new Planner I, |
Jennifer Backenstow. |
Enactment No: Junior Woman's Club |
Members of the Public Who Spoke
Matt Turner, 22 N. Garfield,. Spoke in support of the DuPage Theater giving as two |
reasons the memories held by many Lombardians and also as an Historical Landmark. |
He asked that people donate what they can to restore the Theater. He mentioned many |
who have donated generous amounts to the project. |
V
Approval of Minutes
It was moved by Trustee DeStephano, seconded by Trustee Soderstrom, that the |
minutes of the regular meeting of September 6, 2001 and September 20, 2001 be |
approved. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
VI
Committee Reports
Economic/Community Development Committee-Trustee Kenneth M. |
Florey, Chairperson |
Trustee Florey reported that the Committee met on Tuesday October 2nd at which time |
they discussed an Special Service Area in Downtown Lombard. He said they will bring |
a recommendation to the Board seeking approval to to proceed. The next meeting will |
be held on November 6th at 4pm. |
Environmental Concerns Committee-Trustee Joan DeStephano, |
Chairperson |
Trustee DeStephano reported that the Committee met on September 25, discussing |
recycling extravaganza highlights. The event drew 383 cars with people coming from |
Elmhurst, Addison, Wheaton, and Glen Ellyn. The extravaganza was run by 100 |
volunteers as well as Village Staff, President Mueller and Trustees Koenig and Florey. |
Sponsors of the extravaganza were Carson Pirie Scott, Gianorios, K Mart, Subway, |
Cole Taylor Bank, Walgreens and Target. She announced that the next Committee |
meeting will be held on October 23, at 7pm. In conclusion Trustee DeStephano |
announced that the DuPage County mobile Household Hazardous Waste materials |
Collection will be held on October 13 from 8 until 3 in Wheaton at the Community |
Parking lot on Liberty and next to Rathje Park. |
Finance Committee-Trustee Karen S. Koenig, Chairperson
Trustee Koenig said there was no meeting to report but the Committee will meet again |
October 16. |
Public Works Committee-Trustee Steven D. Sebby, Chairperson
Trustee Sebby announced that the last meeting had to be cancelled as it was scheduled |
to be held on September 11, the evening of the day that the World Trade Center and |
Pentagon tragedies happened. He said that the Committee will meet next Tuesday, |
October 9th. |
Transportation & Safety Committee-Trustee Rick Soderstrom, |
Chairperson |
Trustee Soderstrom announced that the Committee met on October 1, 2001. He said |
that two items will be brought to Board on October 18th. He said that at the next |
meeting on November 5, residents are urged to attend as the DuPage Mayors and |
Managers Conference will present the County Transit Plan. President Mueller said that |
at that time DuPage Mayors and Managers will also be hearing testimony from residents |
regarding area transportation needs. |
Community Promotion & Tourism Committee-President William J. |
Mueller, Chairperson |
President Mueller reported that there had been no meeting and that the next meeting will |
be held on October 18th. |
DuPage County Community Development Commission-President |
William J. Mueller |
President Mueller reported that there had been no meeting held.
DuPage Convention & Visitors' Bureau-President William J. Mueller, |
Lombard Representative |
President Mueller said that the Bureau had not held a meeting since the last Board |
meeting. |
Village Clerk- Suzan L. Kramer
Village Clerk Suzan L. Kramer reported that there had been no recent meeting and the |
Board of Local Improvements will meet on Thursday, October 11th at 10:00 a.m. |
VII
Village Manager/Village Board Comments
Trustee Tross said that he had watched the tape of the last Board meeting and he |
wanted to apologize to Trustee DeStephano because he had said she was wrong on the |
subject of Committees meeting at night. He said he also had numerous phone calls |
regarding the Harrison Road Project. He said that during the project numerous streets |
are becoming cut through streets. He asked if the State could be approached about |
prohibiting left turns. He said that Police enforcement is also needed but suggested that |
the first thing to do is to prohibit turns from 53 and onto 53. It was decided that a |
meeting should be held with the various jurisdictions to see what can be done. Public |
Works Director Rickard said that the Harrison Road project would be finished within 4 or |
5 weeks. President Mueller said that it would likely take much longer than that even to |
schedule a meeting with IDOT but suggested a meeting including TrusteesTross and |
Soderstrom,and Dick Schroeder, York Township Highway Commissioner to examine |
what could be done on the local level. Trustee Tross feels that the back ups and cut |
through traffic may not only be due to the Harrison Road project but could be an ongoing |
issue. President Mueller asked Mr. Lichter to make arrangements for the meeting. |
Trustee Tross asked that approval for the use of Village of Lombard Public Right-of-Way |
for advertising signs and approval for the use of temporary signs be added to item "M" |
regarding the Jaycees Haunted House. |
VIII
Consent Agenda
It was moved by Trustee Tross, seconded by Trustee DeStephano, 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 Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
010697
This Matter was approved on the Consent Agenda.
010698
This Matter was approved on the Consent Agenda.
010699
This Matter was approved on the Consent Agenda.
*D. PC 01-19: Text Amendments to the Lombard Zoning Ordinance |
(Moved to IX-B) |
010670
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5025, 5026 |
010671
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5019 245 E |
010639
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5020 "No P |
010665
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5021 Edson |
010690
This Matter was approved on the Consent Agenda.
Enactment No: FY 2002 Concrete Uti |
010695
This Matter was approved on the Consent Agenda.
Enactment No: Directional Boring |
010705
This Matter was approved on the Consent Agenda.
Enactment No: Landscape Improvemen |
010692
This Matter was approved on the Consent Agenda.
Enactment No: Jaycee's Haunted Hou |
IX
Agenda Items for Separate Action
010691
It was moved by Trustee Koenig that the Village Board suspend the rules, waive |
first reading and pass on second reading the Ordinance amending the FYE 2002 |
budget. The motion carried by the following vote: |
Aye:
Village President Willliam J. Mueller, Trustee Joan DeStephano, Trustee |
Karen Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and |
Trustee Rick Soderstrom |
6 -
Nay:
Trustee Richard J. Tross
1 -
Enactment No: Ordinance 5022 Budge |
010663
Enactment No: Ordinance 5028, 5029 |
Text Amendments to the Lombard Zoning Ordinance (Continued)
Senior Planner William Heniff reported that the Plan Commission has discussed the |
proposed text amendments in various work shops and has presented five ordinances for |
the text amendments. He reviewed the provisions of the ordinances recommended in |
the Plan Commission report. The last ordinance ties our code in to the IEPA code. |
Catherine D' Hoostelaere, 1815 S. Highland, spoke about the text amendment regarding |
medical uses. She said that she felt that the text amendment was only brought forward |
to accommodate the V3 Corporation Medical Center proposed in the 1800 Block of |
Highland. She stated that she and her husband had been approached by the group |
about acquiring their property and had underestimated their property value. According |
to Ms. D' Hoostelaere, their property has been inappropriately profiled and should be |
worth more than twice what V3 offered to them. She said that then V3 had indicated |
that they no longer wanted it. She felt that changing the Zoning Ordinance to allow |
medical facilities will mean that the Board will no longer be able to determine that |
conditions will be met and protect the value of adjacent property. She felt that it takes |
the control out of the Board's hands leaving the decisions up to staff alone and without |
conditions and would send a message that the Village would not protect property values. |
She said there has been discussion of imminent domain involving their property. |
Ms. D' Hoostelaere asked the Village Board to reconsider their positions on medical |
uses and not relinquish their duties. She referred to the Lombard vision statement for |
improved quality of life. |
President Mueller corrected her statement, saying that the Board had not mentioned |
imminent domain. |
Director Hulseberg added that staff had not discussed imminent domain either nor had |
there been any formal submittal by V3. He stated again that this revision had come up |
because of another property located on 22nd Street and that they had come to realize |
that there were other existing properties with the same use where the revision in the |
zoning status would be applicable. |
John Jankowiak 1815 S. Highland Avenue, asked the Board to go home and read the |
ordinance before passing it, to reconsider. He feels that the revision takes the decision |
out of the Board's hands. He feels 155.503.07.a.2 is violated by this ordinance, in terms |
of Community Development making provisions during pre development conferences. |
Director Hulseberg commented on some of the issues which the residents had |
mentioned. He said that regarding the property in question, the Village Board will still |
have the authority of rezoning. David Hulseberg also informed them that the |
development on the property would have to come in as a request for a planned |
development which would also be under the Board's pervue. He restated that the real |
property in question was a dental office on 22nd and they identified many other locations |
in need of this provision. |
Text Amendments to the Lombard Zoning Ordinance (Continued)
Trustee Koenig tried to find differences between the medical facility and an office of |
another type. Director Hulseberg said that it is primarily the turn over in traffic of a |
medical office, whereas in other offices, vehicles tend to stay for the entire day. He said |
that they have already looked into a traffic study for V3 even though no application has |
been received. Mr. Hulseberg further explained that the Board would have to look at the |
rezoning through the planned development process. |
Trustee Tross asked about the Comprehensive Plan which calls for Estate zoning for |
the location on Highland. He also said that medical and dental uses should be |
rephrased as outpatient facilities. Staff verified that they are simply updating the |
language at this. |
Trustee DeStephano asked why make the change, why not look at this on a case by |
case basis. Director Hulseberg said that the dental office on 22nd had to have a |
conditional use, they realized others were in the same situation, they felt that the code |
should be made more flexible. Trustee DeStephano asked for clarification that this is |
not related to any particular upcoming project. |
Trustee Tross asked about accessory structures being required to be set back from the |
front of the existing structure. Hulseberg explained that everyone that had a previously |
existing detached garage which does not comply with this ordinance would be grand |
fathered. President Mueller explained that this is to prevent building of detached |
garages in front of the house. He said this provision would protect the neighborhoods |
from having an accessory structure the only structure visible from the street. |
Trustee Tross said that it is often the accessory structures that give us problems and |
require many variations. He thinks that some variations for very small differences |
should be avoided by giving staff the latitude to move ahead without a variation. David |
Hulseberg said he would not want that authority. |
Trustee Sebby agreed that if the Board gave Staff that authority, someone on the Board |
would later come back and disapprove of what staff had done. |
Director Hulseberg suggested that he find out whether the Zoning Board of Appeals |
would be interested in assuming the authority |
Text Amendments to the Lombard Zoning Ordinance (Continued)
Trustee Tross said that the Board members have received calls about tax assessment |
lots or lot of record. Mr. Hulseberg explained that lot of record is sometimes divided in |
order to receive two different tax bills but we allow petitioners to build only on a lot of |
record. If there is an existing building on a tax assessment lot, the house burns down |
and the structure is 50% destroyed the owner is not allowed to rebuild because what |
had once been a lot of record was now 3 tax assessment lots with 3 houses on it and |
we only allow one house on one lot of record. |
Trustee Tross asked Director Hulseberg to prepare an explanation for the Board |
members as to the difference between tax assessment lots and a lot of record and the |
corresponding rules and procedures. |
It was moved by Trustee Sebby, seconded by Trustee Florey, that the ordinances |
amending section 155.210 regarding accessory uses be passed on first reading. |
The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
It was moved by Trustee Florey, seconded by Trustee Sebby, that the ordinance |
amending chapter 155 section 220 regarding platting requirements be passed on |
first reading. The motion carried by the following vote: |
Aye:
Trustee Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby, |
Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Joan DeStephano
1 -
It was moved by Trustee Soderstrom, seconded by Trustee Sebby, that the |
ordinance amending Chapter 155, sections 411, 412, 413, 414, 415 and 418 |
regarding use reclassifications be passed on first reading. The motion carried by |
the following vote: |
Aye:
Trustee Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby, |
Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Joan DeStephano
1 -
It was moved by Trustee Koenig, seconded by Trustee Florey, that the ordinance |
amending Chapter 155, section 419 regarding Limited Industrial District |
Performance Standards be passed on first reading. The motion carried by the |
following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
010693
Trustee Florey commented that he will not approve this contract based on the work that |
the contractor did at the Metra Station. Director of Public Works Stan Rickard said that |
they have no other contractors lined up at this point who are willing to do this work. |
Trustee Sebby said that he was not pleased with their work in the Downtown area. |
Director Rickard explained that most of the snow came in December all at once and that |
even our crews had trouble keeping up with the events. Trustee Sebby thought that |
maybe others were paying more than we are for this type of work. |
Trustee DeStephano said that according to John Burg other contractors are not |
interested in the contract. Trustee Tross asked if we indirectly responsible for the Metra |
station. Director Rickard said that Metra is responsible for the platform, stairs and |
ramps and that the Village of Lombard is responsible for the adjacent sidewalks and |
streets. President Mueller said that we have to insist on quality if we go with this |
contractor. Trustee Tross said that it should be reviewed what public sidewalks the |
Village clears in the business districts. Stan Rickard said that they will receive the snow |
plan with the areas we do plow including orphaned sidewalks, but he said the Village |
does not clean business sidewalks even in the Downtown TIF area. |
Enactment No: Sidewalk Ice and Sno |
It was moved by Trustee DeStephano, seconded by Trustee Tross, that this |
contract be approved with the provision that the Village enforce their expectation |
for high quality work and excellent response time. The motion carried by the |
following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Kenneth M. Florey
1 -
Trustee Tross announced that the Jaycee's Haunted House will be at 800 E. Roosevelt |
and will open Friday October 12 and remain open through Halloween. He stated they |
may be closed on Mondays and hold matinees for young children with the lights on |
Saturdays and Sundays. He said that there is a charge for admission as in previous |
years. |
X
Agenda Items for Discussion
XI
Executive Session
It was moved by Trustee Soderstrom, seconded by Trustee Koenig, that the |
regular meeting of the President and Board of Trustees recess to Executive |
Session at 9:45 p.m. for the purpose of discussing: |
The acquisition of Real Property and Probable or Imminent Litigation. The motion |
carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
Reconvene
The recessed Regular Meeting of the President and Board of Trustees of October 4, |
2001 was called to order by President William J. Mueller at 10:39 p.m. |
Upon Roll Call by Village Clerk Suzan Kramer, the following were present: President |
Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey, and |
XII
Adjournment
It was moved by Trustee Tross, seconded by Trustee Koenig, that the regular |
meeting of October 4, 2001 be adjourned at 10:40 p.m. The motion carried by the |
following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -