Village of Lombard Legistar System

Thursday, May 18, 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

May 18, 2000

REGULAR MEETING - MAY 18, 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

Broadcast on Cable TV Channel 6

Call to Order and Pledge of Allegiance

The Regular Meeting of the President and Board of Trustees was called to order by

President Mueller at 7:35 p.m.in the Board Room of Village Hall.

The Colors were presented and the Pledge of Allegiance was led by the Albright Middle

School Scout Troop 230.

Roll Call

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

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

Kufrin

Absent: None

Quorum Present

Appointed Officials Present:

Village Manager William T. Lichter

Administrative Assistant Ellen Balsamo

Village Attorney Thomas P. Bayer

Village Attorney Thomas Bentz

Director of Community Development David Hulseberg

Senior Planner David Sundland

Director of Finance Leonard Flood

Deputy Fire Chief Jerome Tonne

Building Inspection Supervisor Jim Bandel

Fire Marshal Dean Maggos

Director of Public Works Stan Rickard

Assistant Director of Public Works John Burg

Village Engineer David Dratnol

Deputy Village Clerk Barbara Johnson

Present for presentations:

Lt. Michael Kalina

Lt. Jim Plunkett

Firefighter/Paramedic Frank Gallione

Firefighter/Paramedic Craig Scott

Firefighter/Paramedic Brian Stuart

Firefighter/Paramedic Paul DeRienzo

Firefighter/Paramedic Bill Coley

III

Public Hearings

None

Public Participation

President Mueller presented Robert Pippen, leader of Troop 230 with a certificate of

appreciation.

000269

Enactment No: Emergency Medical Se

000292

Enactment No: Paramedic Recognitio

000289

Enactment No: Recognition - Alex N

000268

Enactment No: Public Works Week (M

000270

Enactment No: Veterans Week (May

000320

Enactment No: Poppy Day

President Mueller introduced Lilac Queen Kelly Cerf who thanked the Board and

introduced Princesses Amanda Thompson and Karen Hurt and invited all to attend the

Lilac Parade on Sunday May 21. President Mueller congratulated the court and thanked

them for attending tonight's meeting.

Approval of Minutes

It was moved by Trustee Borgatell, seconded by Trustee Sebby, that the minutes

of the Regular Meting of May 4, 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 Paul Kufrin reported that there had been no meeting since the last report.

Environmental Concerns Committee - Trustee Kenneth M. Florey,

Chairperson

Trustee Ken Florey reported that there had been no Committee meeting since the last

Board meeting, and that the next meeting will be held on Tuesday May 23.

Finance Committee - Trustee David N. Schaffer, Chairperson

Trustee David Schaffer reported that there had been no new meeting but that the next

meeting will be held on May 22nd at 7:30 p.m. at Village Hall.

DuPage County Community Development Commission - Trustee

David N. Schaffer, Lombard Representative

Trustee Schaffer said that there had been no new meeting to report.

Legislative Review Committee - Trustee Ralph F. Borgatell,

Chairperson

Although Trustee Borgatell reported that there had been no new meeting, he reminded

the Board and audience that Henry Hyde will be at their June 5th Meeting at 7:30 p.m.

He invited all to attend and have the opportunity to ask questions of Congressman

Hyde.

Public Works Committee - Trustee Steven D. Sebby, Chairperson

Trustee Sebby reported that at the Committee's last meeting many came to discuss

Special Assessment 213. He said that staff had made a good presentation and much

input was offered by the public with everyone having their chance to speak. Also

discussed were the change orders on tonight's Consent Agenda. He concluded that the

next meeting will be on June 13.

Transportation & Safety Committee - Trustee Richard J. Tross,

Chairperson

Trustee Tross said that there had been no meeting, he wanted to draw attention to the

item of Grace Street sidewalks. He said he hoped that the Board will study that

intersection, the committee was adamant that the plan should include sidewalks

everywhere throughout the intersection. He announced that he had been in contact with

Glenbard East and will arrange meetings with Student Council Representatives,

theTransportation and Safety Committee liaison from Public Works as well as

concerned residents regarding the problems with Glenbard East parking.

Community Promotion & Tourism Committee - Trustee Richard J.

Tross, Chairperson

Tross reported that there had been no meeting but he pointed to the item for a grant

application from the Jaycees for the Taste of Lombard which was in the amount of

Forty-Five Thousand dollars. He said that the Committee has recommended approval

of a grant for only Forty Thousand with most of the award going to an expanded

Fireworks program.

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

Lombard Representative

No report

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

Gerhardt

Clerk Gerhardt reported that there had been no meeting since her April report.

VII

Village Manager/Village Board Comments

Trustee Kufrin announced that Jay Tobian of District 6 was elected as Man of the Year.

President Mueller reminded everyone that the Lilac Parade kicks off at 1:30 p.m. on

Sunday and it was decided that the Environmental Concerns Committee should be in

charge of seeing to it that the weather will be good.

Trustee Kufrin left the room at 8:35 p.m.

VIII

Consent Agenda

It was moved by Trustee Schaffer, seconded by Trustee Borgatell, 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 and Trustee Kenneth M. Florey

5 -

Absent:

Trustee Paul Kufrin Jr.

1 -

000273

This Matter was approved on the Consent Agenda.

000300

This Matter was approved on the Consent Agenda.

000301

This Matter was approved on the Consent Agenda.

000074

A waiver of first reading was requested by Trustee Tross as this petitioner has waited

until we did our code amendment. He asked that the Board also waive the permit fee as

they applied before the permit process was revised and fees were charged.

This Matter was waived of first reading and passed on second reading under

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4800 1345

000136

This Matter was continued on the Consent Agenda.

Enactment No: Ordinance 4843-4844

000192

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

Enactment No: Ordinance 4814 Willo

000193

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

Enactment No: Ordinance 4815 400 E

000194

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

Enactment No: Ordinance 4816 239 S

000195

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

Enactment No: Ordinance 4817 123 W

000197

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

Enactment No: 1219 South Main Stre

000200

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

Enactment No: Ordinance 4819 & 482

000218

A waiver of first was requested by Trustee Florey.

This Matter was waived of first reading and passed on second reading under

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4801 1116

000295

This Matter was approved on the Consent Agenda.

Enactment No: Sidewalks on Both Si

000134

This Matter was waived of first reading and passed on second reading under

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4802 & 480

000290

This Matter was waived of first reading and passed on second reading under

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4804 Rates

000311

This Matter was waived of first reading and passed on second reading under

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4805 Amend

000274

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

Enactment No: Ordinance 4821 Subd

000291

This Matter was waived of first reading and passed on second reading under

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4806 Villa

000267

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 143-00 1

000271

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 144-00 Fi

000288

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 145-00 Pe

000305

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 146-00 10

000306

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 147-00 4

000307

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution148-00 233

000308

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 149-00 12

000315

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 150-00 81

000309

Director of Community Development Hulseberg and Village Attorney Thomas Bayer

made clarifications. In response to Trustee Tross's concerns they confirmed that the

properties on Wilson and in Flowerfield would get the residential rate for water if they

signed a utilities agreement.

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 151-00 Ut

000313

RESOLUTION PERTAINING TO RETAIL SALES TAXES ON INTERNET SALES

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 152-00 In

000208

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

Enactment No: Improvement and Reno

990710

approving PC 00-01, 7-115 E. St. Charles Road, requesting conditional use approval for

a Planned Development with exceptions, conditional use approval to allow multiple

structures on a lot-of-record, conditional use approval to allow off-site parking, variations

to the Lombard Zoning Ordinance in the B5 Central Business District, and preliminary

plat approval. (DISTRICT #4)

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

Enactment No: Ordinance 4808 and 4

000130

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

Enactment No: Ordinance 4810 7-115

000314

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 153-00 7-

000312

This Matter was approved with a motion to include the necessary and appropriate

technical corrections to account for recently discovered changes to the legal

descriptions and purchase prices on the Consent Agenda.

Enactment No: Resolutions 154-158-

000198

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

Enactment No: Ordinances 4811 481

000294

This Matter was approved on the Consent Agenda.

Enactment No: Taste of Lombard 200

000283

This Matter was approved on the Consent Agenda.

Enactment No: 2000 Crack Sealing P

000296

This Matter was approved on the Consent Agenda.

Enactment No: Water Meters

000297

This Matter was approved on the Consent Agenda.

Enactment No: Sewer Rodding

000298

This Matter was approved on the Consent Agenda.

Enactment No: Snow and Debris Haul

000299

This Matter was approved on the Consent Agenda.

Enactment No: Street Lighting Main

000303

This Matter was approved on the Consent Agenda.

Enactment No: Eugenia Street Sewer

000304

This Matter was approved on the Consent Agenda.

Enactment No: Eugenia Street Sewer

000316

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 160-00 Ag

Trustee Kufrin returned at 8:45 p.m.

Agenda Items for Separate Action

000293

AN ORDINANCE AMENDING TITLE 15, CHAPTER 150 OF THE LOMBARD

VILLAGE CODE IN REGARD TO THE CONSTRUCTION OF ATTACHED SINGLE- FAMILY

RESIDENTIAL BUILDINGS

Jim Bandel explained the two ordinances before the Board with Exhibit A being an

ordinance with the amendments to the building code which staff thinks are necessary

and exhibit B being changes that the Board of Building Appeals requested. Attorney

Bayer clarified the amendment. There were some concerns with both the four foot

separation and the lighting issues. Trustee Sebby said that although he is concerned

with the four foot separation he accepts the Fire Department's opinion that the situation

is safe.

Enactment No: Ordinance 4828 Build

Amendment to Title XV - Townhomes (Continued)

Trustee Sebby moved that this matter be approved with the exhibit A option. The

motion died for a lack of second.

Considerable discussion continued regarding the two options, the difference in

separation for masonry and wood construction and the appearance of the development

with four foot separation

David Hulseberg clarified that because this is masonry and steel construction and not

flammable the amendment is being proposed. He said that the same amendment would

not be allowed for the four foot separation with wood construction. There was some

discussion of sprinkling requirements. Trustees Florey and Kufrin felt that aesthetically

the ten foot separation would be better. President Mueller added that this would only

occur in the B5 area and the masonry construction provides a better look in the area

and provides better sound proofing given the proximity to the train and traffic.

Trustee Sebby moved that this matter be tabled to June 1 , the motion died for lack of

second.

It was moved by Trustee Tross, seconded by Trustee Borgatell, that this matter

be passed on first reading according to Exhibit B as proposed by the Board of

Building Appeals, with questions answered by the Village Attorney before

returning to the Board. 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 -

Nay:

Trustee David N. Schaffer

1 -

990620

Mr. Rickard summarized the details of the program and issues which had been looked at

since the item was tabled on April 4. Some of the changes that have been proposed

include compliance inspections, provide notice to disconnect and then offer our grant

program. A final step would be to disconnect in case of a public safety issue. He said

that this program would only cover the Old Town area to begin with, at the Board's

direction. Mr. Rickard said he had polled the board who agreed with the program at

least in terms of compliance with Clear Water sump pumps and down spouts. It was felt

that the installation of a second sump pump would be costly and unpopular. One

Trustee, when polled, felt that the grant amount was too high.

Enactment No: Proposed Clear Water

It was moved by Trustee Sebby, seconded by Trustee Schaffer, that this matter

be approved with the changes outlined in Mr. Rickard's report. 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 expressed concern for older homes with drain tiles around buildings

which drained to floor drains and went directly into combined sewers and the same in

newer homes with the pits to drain the laundry tubs. He feels that the homeowners with

tiles which tie directly into the combined sewers should not have to remodel so the

program should only be for down spouts and those people who knowingly connect sump

pumps directly into the sewers.

Clerk Gerhardt commended the Board for taking action on this matter which no other

Board has done in the 20 years she has been Clerk

000302

This matter has been continued to the June 15 Board Meeting

John Horist of Evergreen in Glen Ellyn spoke saying that the developer does not have

an option to acquire the property, nor does he own it. He somply wants to know the

status. Community Development Director Hulseberg said the Board has not determined

the direction for the development of this property and asked that the Board provide

direction.

Enactment No: Church Avenue Sanita

It was decided that the Board should hold a discussion of this matter in terms of

development of the whole area.

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

Board deny any utility requests for single family residences in this area. 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 -

000310

A brief presentation was given by Community Development Senior Planner David

Sundland outlining the proposed amendments to the policy as it pertains to the forced

annexations of single family residences. He used an area south of Roosevelt Road as

an example.

Trustee Tross said that the Board has asked staff to move forward with annexations.

He thinks that the initiation of forced annexation should be taken to the Board rather

than the staff making that decision. Hulseberg clarified that they are only asking for the

methodology and that the annexations would come before the Board. Mr. Lichter asked

if the wish of the Board was that each case be brought to the Board rather than

annexations being initiated pursuant to a Board Policy.

The Board direction was to bring the policy back with the amendment that Board input

come before any initiation of forcible annexations.

Enactment No: Annexation Policy

000196

Robert Carter, owner of Seamless Gutter presented the concept for their proposed

development on the former Kohler property. He reminded the Board that there has

been no new construction on St. Charles Road in over 30 years. He further pointed to

the considerable assets that the new proposal would offer to the VIllage. In conclusion

he stated that he is not requesting any TIF money and his building will be a 3.5 Million

dollar improvement.

Joan Ferrara of 721E. St. Charles place spoke for residents in the area who had signed

and submitted a petition. She feels that the traffic impact would be detrimental to their

neighborhood and unsafe around the park and unsafe for children on their way to

schools as they walk on Lodge Lane and St. Charles Place. They also feel that there

will be a domino effect if the change in zoning of this property is approved. She asked

the Board to deny this petition as the Plan Commission did. She presented petitions

signed by the neighborhood residents.

Tom Hebda, business owner in the area, spoke saying that the Kohler property will

some how be developed, it could be Commercial and generate a great deal more traffic.

He said that this proposal would generate less traffic and be a real asset to Lombard.

He reminded that Mr. Carter is a known native of Lombard who cares about the area

and urged the Board to approve this matter.

Fred Luke, owner of the Ace Coatings building just west of Kohler's, spoke in favor of

Mr. Carter's proposal because it would involve two well known businesses. He took

exception of the treatment of their project by the Plan Commission. He stated that this

project would have no negative impact on the Village and believes that this property

should be zoned as requested.

Sebby asked what would happen if the zoning is modified to light industrial and this

project did not move forward. Hulseberg said that then it would be open to any industrial

use including a metal building.

Further comments and concerns were discussed by the Board. Most agreed that this

property should be rezoned to Light Industrial on first reading with Attorney Bayer to

research the legality of a design related condition.

Trustee Florey said that he cannot support this petition because of the impact on the

new streets and the area's residents.

Trustee Schaffer said he had been asked to keep an open mind. He feels Mr. Carter is

a known entity and will improve the appearance of the area

Enactment No: 638 East St. Charles

Trustee Sebby asked that the financial and environmental concerns be investigated.

638 East St. Charles Road (Continued)

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

Board approve on first reading the request for an amendment to the

Comprehensive Plan to change this property to light industrial with counsel

developing a Legal agreement or some process to include building design as a

condition. The motion carried by the following vote:

Aye:

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

Schaffer and Trustee Paul Kufrin Jr.

4 -

Nay:

Trustee Steven Sebby and Trustee Kenneth M. Florey

2 -

Agenda Items for Discussion

Executive Session

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

regular meeting of the President and Board of Trustees recess to executive

session at 10:37 p.m. to discuss the performance of an employee of the Village.

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 May 18, 2000

was called to order by President William J. Mueller at 11:13 p.m.

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

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

Quorum Present

XII

Adjournment

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

Regular Meeting of the President and Board of Trustees of May 18, 2000 be

adjourned at 11:14 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 -