Thursday, March 18, 1999
7:30 PM
Village of Lombard
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
I
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 |
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. |
II
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 |
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
IV
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.
V
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 -
VI
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
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 -
IX
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 |
X
Village Manager/Village Board Comments
President Mueller announced that the first meeting in April will be cancelled.
XI
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. |
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 -