Village of Lombard Legistar System

Thursday, March 18, 1999

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

March 18, 1999

REGULAR MEETING - MARCH 18, 1999 - 7:30 P.M.

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

Trustee John M. Jaugilas, John DeFalco, Trustee Paul Kufrin Jr., Village

President Willliam J. Mueller and Village Clerk Lorraine G. Gerhardt

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 of the Village of Lombard

held on Thursday, March 18, 1999 in the Board Room of the Village Hall was called to

order by President William J. Mueller at 7:35 pm. Upon roll call by Clerk Gerhardt, the

following were:

Present: President Mueller, Trustees Borgatell, Tross, Schaffer, Jaugilas DeFalco &

Kufrin

Absent: None

Quorum Present

The Presentation of Colors and the Pledge of Allegiance was led by Cub Scout Pack

202 of Faith United Methodist Church.

President Mueller presented the Pack with a certificate.

Roll Call

Appointed Officials Present:

Village Manager William T. Lichter

Assistant Village Manager Anne Marie Gaura

Administrative Assistant Ellen Balsamo

Village Attorney Thomas P. Bayer

Village Attorney Janet Petsche

Village Attorney Tom Bentz

Fire Chief Ed Seagraves

Deputy Chief of Police Van Dillenkoffer

Assistant Finance Director Michael Guttman

Roll Call Continued

Director of Community Development David Hulseberg

Community Development Intern Sharon Peterson

Director of Public Works Stan Rickard

Assistant Director of Public Works John Burg

Village Engineer David Dratnol

Deputy Clerk Barbara Johnson

III

Public Hearings

None

Public Participation (15 minute time limit)

Sharon Peterson was recognized by David Hulseberg as the Village Intern for

Community Development.

The following Proclamations were read by Village Clerk Lorraine G. Gerhardt,

990075

990076

990077

990088

Certificates of Proclamation were presented by Village President William J. Mueller.

APWA Award

The American Public Works Association Award for the best project in its category, Olde

Town Improvements, was presented to Public Works Director Stan Rickard by President

Mueller, Public Works Committee Chairperson John DeFalco and Co-Chairperson

Ralph Borgatell.

Ellena Lokousis, 98 W. Hickory spoke objecting to the crowd control during the Lilac

Parade. She said that the crowd uses her back yard and the back of the house as a

urinal. She also said that when she objects the people are rude to her.

Tom Lamberty spoke regarding PC 99-03 asking that the Woodrow residences involved

with the Westmore Rezoning not be rezoned.

Larry Rardin, 355 S. Westmore-Meyers Road requested that all properties along

Woodrow be allowed to remain as presently zoned.

President Mueller left the room at 8:06 appointing Trustee Tross as President Pro Tem.

Approval of Minutes

It was moved by Trustee Kufrin Jr., seconded by DeFalco, that the Minutes of the

Regular Meeting of February 18, 1999 and the Minutes of the Committee of the

Whole of February 25, 1999 be approved. The motion carried by the following

vote:

Aye:

Trustee Richard J. Tross, Trustee David N. Schaffer, Trustee John M.

Jaugilas, John DeFalco and Trustee Paul Kufrin Jr.

5 -

Absent:

Trustee Ralph Borgatell

1 -

Committee Reports

Economic/Community Development Committee - Trustee Paul Kufrin,

Jr., Chairperson

Trustee Kufrin reported that the Economic and Community Development Committee had

met last on March 9. He clarified that their regular meeting is the first Tuesday each

month. The Committee discussed Commonwealth Edison and a lack of power supply.

They will be meeting with Commonwealth Edison regarding those problems. The

Committee continues to look for nominations for outstanding businesses. The Business

Award nominations will be reviewed April 6.

Environmental Concerns Committee - Trustee David N. Schaffer,

Chairperson

Trustee Schaffer reported that the Committee recommended a grant for expansion of

environmental programs at Glenbard East in the amount of $5,988.50 and will

concentrate on the Garbage Collection Contract at their next meeting.

DuPage County Community Development Commission - Trustee

David N. Schaffer, Lombard Representative

Trustee Schaffer reported that the Committee will meet on April 6 and will be electing

new officers.

Finance Committee - Trustee Richard J. Tross, Chairperson

Trustee Tross reported that the Committee met with the Village Board in a joint

Committee of the Whole on February 25 and will have their next meeting next

Wednesday.

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

Lombard Representative

Trustee Tross reported that they had no formal meeting but they met with the Hotel

Operators Association who recommended that their members be a part of Hotel Tax

Fund Committee in their own Communities which Lombard has already done. They also

recommended they take an active role in lobbying for the dollars for advertising which

Lombard also does.

Community Promotion & Tourism Committee - Trustee Richard J.

Tross, Chairperson

Trustee Tross further reported that the Committee met Thursday March 11 and

reviewed the applications before you this evening for the 1999 Village Profile

Advertisement, the Lilac Princesses and Lilac Carnival Security .

Legislative Committee - Trustee Ralph F. Borgatell, Chairperson

Trustee Borgatell said that the last meeting was held on March 8. The Committee held

a discussion regarding refuse on sidewalks and parkways and will return a report to the

Board with the Committee's recommendations. They also discussed Sign Ordinance

amendments and presented a recommendation to the Community Development

Department. The next meeting will be held on March 29, and televised on TV 6.

Trustee Borgatell invited the Public to watch or attend the meeting.

Public Works Committee - Trustee John DeFalco, Chairperson

Trustee John DeFalco read the following report.

The Public Works Committee convened on March 9, 1999. Under Old Business

discussion centered on the report from Angela Podesta regarding Green Valley Sewer

back-ups. Concerns were raised by Committee members about the revelations of tree

roots and cracks in sewers. Staff was asked to review previous viewings, if available,

from 1989 and 1990 to compare conditions. Committee members were also concerned

that street improvements in the area did not include separation of storm and sanitary

sewers. The Committee made an emphatic point that whenever improvement of streets

occurred, that separation of storm and sanitary sewers also occur when possible. The

Committee also asked Staff to provide more detailed information regarding the street

projects rather than just cost figures.

Public Works Committee Continued

Under New Business, a proposal from the Director of Public Works, Stan Rickard that

tree planting during construction be controlled by Forestry was favorably considered by

the Committee. Trees would be purchased from the Consortium and planted during the

growing season following completion of the project. Benefits include better quality and

selection of trees at a more reasonable rate and Forestry can concentrate on one

planting contract with one vendor. This item is on tonight's Consent Agenda.

A change order in excess of $53,000.00 for SA 215 (Butterfield Road) was approved by

the Committee and appears on the Consent Agenda.

Our Public Works Department received an award for the Olde Towne Project from the

APWA today at a luncheon in Arlington Heights . This award enables Lombard to be

considered for national recognition as well. Congratulations are in order for this award.

John Meyer, long time member of the Public Works Committee announced that he was

no longer able to continue on this Committee due to work commitments. We recognize

the contributions John has made to this Committee as well as his unselfish commitment

to serve in this community. Thank you for your time, talents and diligence in serving on

the Public Works Committee.

The next meeting of the Public Works Committee will convene on April 13, 1999.

President Mueller returned at 8:17 P.M.

Transportation & Safety Committee - Trustee John M. Jaugilas,

Chairperson

No Report

St. Charles Road Corridor Ad-Hoc Committee - Trustee John M.

Jaugilas, Chairperson

Trustee Jaugilas reported that the Committee met to finish its business and will have

their final meeting next Wednesday to review and verify the accuracy of the final draft.

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

Gerhardt

Clerk Gerhardt reported that the members of the Board of Local Improvements

approved two payouts for Special Assessment 213, West, Windsor and Woodland.

Payout number one was to Testing Services Corporation in the amount of $6, 598.50.

Payout number nine was to Civiltech Engineering in the amount of $25,939.98. There

were also three payouts approved for Special Assessment 215, Fountain Square.

Payout number nine was to Civiltech Engineering for $6,246.83, Change Order number

three to W.B. Olson for as built quantities in the amount of $53,032.42 and payout

number 5 to W.B. Olson for $40,536.72. The totals approved were on Special

Assessment 213, $32,538.47 and on Special Assessment 215 $99,815.97. The April

meeting will return to the usual date, the fourth Wednesday of the month of 3:00 P.M.

VII

Consent Agenda

It was moved by Trustee Kufrin Jr., seconded by Trustee Schaffer, 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 John M. Jaugilas, John DeFalco and Trustee Paul

Kufrin Jr.

6 -

990046

This Matter was approved on the Consent Agenda.

990049

This Matter was approved on the Consent Agenda.

990078

This Matter was approved on the Consent Agenda.

990079

This Matter was approved on the Consent Agenda.

980722

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

Enactment No: Ordinance 4613 111 S

980830

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

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4599 404 E

990050

This Matter was approved on the Consent Agenda.

Enactment No: Tree Planting Policy

990039

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

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4600 Taylo

990040

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

Enactment No: Ordiance 4611 Kerry'

980008

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 127-99 Ch

990029

R E S O L U T I O N

R_______________99

A RESOLUTION AUTHORIZING A CHANGE ORDER

INVOLVING AN INCREASE IN THE DOLLAR AMOUNT OF

THE CONTRACT OF $10,000 OR MORE

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 128-99 Fi

990030

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 129-99 MF

990048

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 130-99 Sp

990052

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 118-03 In

990060

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 132-99 37

990064

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 134-99 Ge

990065

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 135-99 Fa

990066

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 136-99 Ol

980769

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

Enactment No: Ordinance 4601 Stop

980770

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

Enactment No: Ordinance 4601 Stop

980839

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

Enactment No: Ordinance 4602 Webe

990002

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

Enactment No: Ordinance 4603 Fees:

990031

This Matter was approved on the Consent Agenda.

Enactment No: Pavement Markings an

990032

This Matter was approved on the Consent Agenda.

Enactment No: Complete Traffic Sig

990062

This Matter was approved on the Consent Agenda.

Enactment No: 1999 Sewer Televisin

990043

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

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4604 Trade

990058

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

suspension of the rules on the Consent Agenda.

Enactment No: Ordinance 4605 Trade

990074

This Matter was approved on the Consent Agenda.

Enactment No: Purchase of Two Copi

990069

This Matter was approved on the Consent Agenda.

Enactment No: IMRF Benefit Protect

990085

This Matter was approved on the Consent Agenda.

Enactment No: Watermain Connection

990086

to approve grant application requests from the Chamber of Commerce for advertising,

the Lombard Jaycees, Park District and Chamber for scholarships/awards to the Lilac

Queen and her court and from the Lombard Jaycees and Boy Scout Troop 51 and Post

58 for security at the annual Lilac Time Carnival. Recommendation of the Community

Promotion & Tourism Committee.

This Matter was approved on the Consent Agenda.

Enactment No: Grant Application Re

990056

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 137-99 Bi

990087

This Matter was adopted on the Consent Agenda.

Enactment No: Resolution 138-99 St

VIII

Agenda Items for Separate Action

980780

Trustee Tross read the following disclosure statement regarding the Westmore-Meyers

rezoning and Multi-Family project.

I want to take this opportunity to reiterate my earlier disclosure statements relative to

this matter.

Some 7 years ago, Trustee Gatz and myself entered into a dialogue with the then

owners of the property, who maintained their desire to attempt to build upwards of 24

units on this open property. Our goal was to maintain the rear portion as open space

and facilitate the recreational needs for residents of the Diecke Home.

Often with Village staff advice, Trustee Gatz and myself, collectively and individually,

dealt with the former owners, the York Township Assessor ’s Office, the Illinois

Department of Revenue, the Internal Revenue Service, Old Kent Bank, Krisch

Surveying, land appraisers, lawyers and the now current owners and petitioner for PC

99-03.

Enactment No: Ordinances 4606-4609

Westmore-Meyers Continued

The goal always remained the same – maintain the open space and facilitate our special

constituencies at the Diecke Home.

Having disclosed that participation, I am pleased that this matter is before us for final

action.

I’d like to thank the area residents for their patience and understanding and ultimate

acceptance of this petition. The Village did err in initiating an involuntary rezoning of

their private residential properties. That zoning right is and should be exclusively theirs

as property owners. After subsequent meetings with the immediately affected residents

and area neighbors, I believe they have a better understanding of the Village’s

Comprehensive Plan, zoning alternatives and our commitment to maintain as much

green space as possible.

I’d also like to thank Mr. George Prignano of Sunrise Homes without whose help,

contribution of land and donation of service the future development of this property could

have turned into a litigation quagmire.

My Kudos to Trustee DeFalco for entering the fray. And more symbolically, I know

Trustee Gatz gets an extra blessing and smile for knowing his dream finally came true.

Trustee DeFalco reiterated that those residents who have requested the zoning on their

homes continue as is have been listened to; they will indeed retain their zoning.

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

Village Board waive first reading and pass on second reading four Ordinances

4606, 4607, 4608 and 4609 regarding PC 99-03. The motion carried by the

following vote:

Aye:

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

Schaffer, Trustee John M. Jaugilas, John DeFalco and Trustee Paul

Kufrin Jr.

6 -

990067

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

be passed on first reading. The motion carried by the following vote:

Aye:

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

Schaffer, Trustee John M. Jaugilas, John DeFalco and Trustee Paul

Kufrin Jr.

6 -

Enactment No: Ordinance 4612 Villa

990068

Enactment No: Glenbard East Enviro

Trustee DeFalco commented on the previous RFP contract and that the contractor

would provide and promote support of Recycling Program for Public bodies such as

Glenbard East. He stated that Waste Management should donate the bins to the

recycling program. He further stated that the school is working with another hauler but

encouraged and applauded WMI for doing this and pointing out that it is not required as

a part of their contract.

Trustee Jaugilas commented that Waste Management attended the meeting and was

responsive and said that the grant request included an amount not to exceed. He

commented that the Committee did eliminate things that would be deemed school

supplies but that they were encouraged that the School would be entering into such a

program.

It was moved by Trustee Schaffer, seconded by Trustee Tross, that the grant

requests be approved. The motion carried by the following vote:

Aye:

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

Schaffer, Trustee John M. Jaugilas, John DeFalco and Trustee Paul

Kufrin Jr.

6 -

980080

Attorney Pickarsky reviewed the history of the past problems regarding Burger King's

attempts to build and law suits which have finally concluded.

Enactment No: 10 East North Avenue

Gary Rothbart, 1935 Techny, Northbrook spoke regarding the concerns about Burger

King traffic added to that which already exists. He also asked where the traffic from the

east property, when developed will go.

Erica Nelson, representing the North Avenue Park Ad-Hoc Committee, spoke regarding

the safety of the Industrial Park which would be further endangered.

Trustee Borgatell moved that the extension be denied, seconded by Trustee Jaugilas.

After considerable Board discussion and increasing concern, Attorney Pickarsky

suggested that the Board withdraw their motion and he would withdraw the petition for a

time extension.

Trustee Borgatell withdrew the motion and Trustee Jaugilas withdrew the second.

Attornery Pickarsky withdrew the request for a time extension.

President Mueller clarified the action to let the record show that after the motion was

withdrawn the petitioner withdrew his petition but because of the last extension of time,

the petitioner still has until August 19, 1999 to get the certificate of occupancy.

990041

AN ORDINANCE AMENDING TITLE 11, CHAPTER 110, SECTION 110.08(E)

OF THE LOMBARD VILLAGE CODE IN REGARD TO THE NUMBER

OF AUTHORIZED BILLIARD/POOL HALL LICENSES

Enactment No: Ordinance 4610 Encha

President Mueller asked that the request for the license for Brew City be pulled due to

pending violations by Brew City. The request will be only for Enchanted Castle only and

the ordinance will add only one license.

Trustees expressed various opinions regarding the request.

Elena Luwayne director answered questions of the Board regarding the request and the

purpose of adding the pool tables as a family entity.

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

matter be waived of first reading under suspension of the rules and ordinance

4610 be passed on second reading. The motion carried by the following vote:

Aye:

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

Schaffer, Trustee John M. Jaugilas, John DeFalco and Trustee Paul

Kufrin Jr.

6 -

Agenda Items for Discussion

990063

The Board concurred with the staff recommendation to make no change.

Enactment No: NICOR Cash Proposal

990080

The report of the Committee was discussed by the Board. Trustee Jaugilas reviewed

the Committee's discussion and ideas.

Trustee Tross suggested we simply tweak the current contract and continue with a

renewal. He believes that rebidding and making changes upset the Public greatly.

Trustee DeFalco pointed to the improvements which have taken place and expressed

his support for a one hauler contract.

There was consensus to have the Committee Review the various options.

Enactment No: Solid Waste Collect

Village Manager/Village Board Comments

President Mueller announced that the first meeting in April will be cancelled.

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 10:25 p.m. for the purpose of discussion of:

A. Information regarding the Employment of an Employee of the Village of

Lombard.

B. Information regarding compensation of Specific Employees of the Village of

Lombard.

C. Aquisition of Real Property.

D. Collective Negotiation Matters. The motion carried by the following vote:

Aye:

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

Schaffer, Trustee John M. Jaugilas, John DeFalco and Trustee Paul

Kufrin Jr.

6 -

Reconvene

The recessed Regular Meeting of the President and Board of Trustees of March 18,

1999 was called to order by Village President William J. Mueller at 11:01 P.M. Upon

Roll Call by Village Clerk Lorraine G. Gerhardt the following were:

Present: President Mueller, Trustees Borgatell Tross, Schaffer, Jaugilas, DeFalco and

Kufrin.

Absent: None

Quorum Present

XII

Adjournment

It was moved by Trustee Jaugilas, seconded by DeFalco, that the Regular

Meeting of the President and Board of Trustees of March 18, 1999 be adjourned at

11:02 P.M. The motion carried by the following vote:

Aye:

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

Schaffer, Trustee John M. Jaugilas, John DeFalco and Trustee Paul

Kufrin Jr.

6 -