Village of Lombard Legistar System

Mr. Bayer described a proposed annexation agreement between Centrum Lombard,

LLC and The Village of Lombard, relating to the property at 19W471 Roosevelt Road

and 351 East Roosevelt Road stating that part of the property is already in the Village of

Lombard. The annexation agreement primarily deals with the property that is being

annexed to the Village. The agreement generally provides for annexation of the

property not currently within the Village with a rezoning to the B4 Corridor Commercial

District and then the approval of a plan development with conditional uses, deviations

and variations for the following: A drive through facility, more than one wall sign per

street frontage, a reduction in minimum lot size and width, an interior side yard

reduction, approval of a storage center, floor area not to exceed 40 percent of the total

development, a variation from that requirement, the approval of developing a lot without

street frontage, a reduction of the parking lot landscaping requirement, and shopping

center sign variations for more than one shopping center identification sign with the

signs being closer than 250 feet to each other and closer than 75 feet to the center line

of the roadway. It also provides for the approval of a plat of subdivision to subdivide the

property into lots after the annexation takes place.

He asked if anyone wished to speak on this item. Hearing none, public comments were

closed at 7:57.

President Mueller stated that the item involving Montini Catholic High School will be

heard later on the agenda and that some of the questions raised will be answered then.

President Mueller reported that this year the legendary Dick Biondi will be at the

Yorktown Shopping Center on the 14th and 15th for his annual toy drive. He stated that

the Lombard Fire Department, under the leadership of Mike Heinbecker, will be

coordinating the toy donations here in the Village of Lombard. Last year the Fire

Department collected well over several thousand toys that were donated to the Dick

Biondi toy drive, and they hope to exceed that this year. We ask our residents to help

and participate by bringing the new, unwrapped toy to either Fire Station 1 or 2 or to the

Village Hall. The firemen will take all those toys on Saturday to the parade which begins

at Station 1, proceeding down Main Street to Glenbard East High School. They will also

stop along the way to accept toys donations and will end up at Yorktown Center around

11:15 with the presentation to Dick Biondi. All toys will be donated to an organization

that he has worked with for many years. This year some of the toys will be donated to

the Lombard Food Pantry who will be sharing the toys with several organizations.

President Mueller asked residents for their support and explained that the fire

department is working very hard on this as one of their annual projects. That

Proclamation will be presented to Dick Biondi Friday, December 14th at 10:00 a.m.

when he kicks off his program here in a live broadcast on Oldies 94.7.

President Mueller recognized Gene Kaleta of the Lombard Jaycees, Library Board

President Wayne Kankovsky, Library Board Members Ginny Carlson and Sue Wiggins

and Jennifer Amling, Library PR and Marketing Director, for a special presentation. He

stated that the Village of Lombard has been recognized by the Illinois Arts Council for

their outstanding art program of placing sculptures in the downtown area. He reported

that this evening, the Lombard Jaycees have donated a sculpture of a young girl reading

which will be placed at the library.

Gene Kaleta, President of the Lombard Jaycees, stated that it is their privilege to be

able to benefit the Village of Lombard by beautifying our town with such a lovely piece of

art. The Lombard Jaycees have run a very successful Taste of Lombard, and with a

portion of the funds from that project, he presented President Mueller with a check in the

amount of $2,100 to acquire this statue to beautify the library and the rest of the town.

Mr. Kankovsky said that public art has had a very long and wonderful history, not only in

this country but around the world. He accepted this beautiful statue with thanks to the

Jaycees for providing the means to make this happen. He stated that with over 600

people on average visiting the library every day, this is something the entire community

will be able to appreciate and enjoy.

Mr. Kaleta mentioned that Taste of Lombard's co chairman and upcoming Jaycees

president Dan Piper was unable to attend. He stated that because of his leadership and

that of Scott Mahalo ,they have been able to run such a successful Taste of Lombard

event.

President Mueller thanked Mr. Kaleta for all that the Jaycees do in the community.

Mr. Kaleta presented President Mueller with the Presidential Pin of Honor and stated

that without all of the help from the Village Board and staff, they wouldn't have been as

successful as they were. He stated that his year as Lombard Jaycees president is

coming to an end and that next he will be serving on the regional board representing the

Village of Lombard.

President Mueller thanked Mr. Kaleta for his great leadership in the community and as

president of the Lombard Jaycees.

Trustee Tross commented that Mr. Kaleta has served on the Lombard Jaycees board

for six years, rising to the rank of president, and is now moving on as a Regional

Director representing Lombard. He thanked and congratulated Mr. Kaleta for his service

to the Village of Lombard.

Trustee Soderstrom reported that the Finance Committee met on November 26. At that

time there were two major items under new business. The first was our 2008 insurance

renewal. This was presented with options by staff, and it was unanimously approved by

the committee and is on the Consent Agenda this evening under Item X. The next was

the 2007 Tax Levy Ordinances. That was also presented and discussed and approved

unanimously by the committee and appears on the Consent Agenda as Item K. The

December 18th meeting of the Finance Committee will be cancelled in recognition of the

holiday time, and the next meeting will be Tuesday the 15th of January at 7:00 p.m.

President Mueller asked Finance Director Tim Sexton to give a report on the tax rate,

since it has gone down this year.

Mr. Sexton explained that the tax rate has been going down consistently over the past

well 20 years. The tax rate for 2007 for Village of Lombard is .4653 per $100 of EAV.

He said that it's important to understand that the Village only receives approximately 8

percent of the total property tax bill that residents and businesses pay and that that has

also been consistently going down over the years. He added as a point of comparison,

the tax rate in 1998 was .5853; and in 2007 it's .4653. He said that 20 years ago, the

Village's portion of the taxes were 14 to 15 percent of the total tax bill.

President Mueller stated that it shows that this board and prior boards have been fiscally

Trustee Tross reported that the Public Works Committee has not met since the last

board meeting and the next meeting will be Tuesday, December 11. Four items that are

on the agenda are the CIT review, second review, two of the issues that we have on our

agenda tonight and a homeowner's request for storm water grant. He asked for the

Board's concurrence to remove Item P from the agenda. He stated that this item was

once on the agenda and was going to be referred back to Environmental Concerns and

Public Works Committee again. He said that it may have gone to Environmental

Concerns, but it has not gone back to Public Works. He added that a phone call from a

member of the committee indicated there has been a little change to the ordinance that

they objected to, so he asked for it to be removed from the agenda and referred back to

Public Works Committee as it was done before. He noted that the reason is that this still

requires every tree that needs to be trimmed in the Village of Lombard to acquire a

permit. He wants committee concurrence before any action is taken.

President Mueller asked Trustee Gron if the Environmental Concerns Committee has

taken action or reviewed Item P. Trustee Gron stated that the Environmental Concerns

Committee did make a change that is not reflected in the agenda item.

Trustee O'Brien stated that the committee met Monday, December 3rd. Under

unfinished business we discussed the sidewalk policy. After many discussions the

committee concluded that the funding needed for sidewalks would be applied for

through the Preferred School Route Program and the Federal Safety School Program. It

cannot be guaranteed as to which area will receive the funding because 31 percent of

the area needs sidewalks.

Regarding the resident's request for a multi-stop sign on the corner of Fairway and

Harding, the report concluded that there was not enough traffic to justify a sign.

Other issues included the lower speed limit on Fairfield from 25 to 30 miles per hour.

Observation data concluded that lowering the speed does not lower the speed but

actually increases the driver's speed. The conclusion was to increase enforcement on

the current speed limit in the general area. There was a request to solve a parking

issue during soccer games on East Central Avenue between Stewart and Grace. One

of the choices was to put in new parking which would cost the Village around $300,000.

The committee looked for other methods to rectify the solution. The soccer field was

reversed to allow for easier parking methods, and information was given to the new

teams to show where parking was given.

There were three other requests for stop signs near schools, intersections of Madison

and Stewart, Division and Highland and Sunset and Elizabeth. Some of the cross areas

will be redirected to alleviate these problems. Each intersection will be adjusted to its

location. Staff is working very hard with the schools in the area to fix that problem. The

next committee meeting will be on Monday January 7.

President Mueller reported that the Community promotion and Tourism Committee did

not meet this month for lack of agenda items. The next meeting will be on January 17,

2008 to review the budget for the upcoming year.

President Mueller stated that that concludes committee reports. He asked if the Village

Manager or the Village Board had comments.

Trustee Soderstrom stated that he was unable to attend the Transportation and Safety

Committee meeting because he was attending the neighborhood meeting regarding the

York Center Co-Op. As a result of that meeting, he stated that he had two emotions;

disappointment and concern. His disappointment is for those residents along Fairfield.

He said that while he understands the position that staff presented regarding the

reduction in speed limit, he disagrees. He added that those residents have his

continued support, and he said he will try to seek a resolution on their behalf.

Transportation and Safety was loaded with District 6 considerations this past month. He

said that regarding the East Central situation with the soccer fields, he understands the

recommendation and hopes that will work. But as springtime comes and the spring

soccer season arrives, he will be watching to see if the recommendation, indeed,

corrects the issue.

President Mueller stated that Saturday, December 8, is the official tree lighting and

Santa arrival in downtown Lombard, the Jingle Bell Jubilee. Santa will be arriving in

downtown Lombard at 5:15 p.m. followed by a tree lighting ceremony.

Also Saturday from 3 to 5 there will be free horse drawn wagon rides in the downtown

area. There is a holiday cookie walk amongst many of the businesses downtown. At

4:00 p.m. there is going to be a dance concert at the Dance Center at 9 North Main

Street. From 4:30 to 5:15 with the arrival of Santa Claus, there will be holiday music

provided by Glenbard East High School and Jackson Middle School. After Santa, there

will be free horse drawn rides from 6 to 8. The official lighting of Lilacia Park and the

Winter Clothing Drive will take place at 6:00 o'clock. Canterbury Carolers will be

performing at the Helen Plum Memorial Library that evening. There will be refreshments

and children's activities at the library. From 6:30 to 9:30 there will be a Christmas tour of

the Victorian Cottage by the Lombard Historical Society. There will also be

refreshments.

The Village Board meeting for December 20 has been cancelled. He mentioned the toy

parade; collection of unwrapped new toys will be at Fire Station 1 or 2 or Village Hall.

Village Hall is also collecting nonperishable food items for the Lombard/Villa Park Food

Pantry, which can be dropped off in the containers at the Village Hall. Senator Cronin's

Hat, Mitten and Scarf drive is also at the Village Hall.

President Mueller also advised the residents of Lombard of the change Village Hall

hours for the holidays. Village Hall will be closed on December 24 and 25, and also on

January 1. On New Year's Eve, December 31, which is a Monday, Village Hall which is

generally open to 7:00 o'clock, will be closing at 4:30 on that date.

The Community Blood Drive will be January 9, 2008, and January is National Blood

Donor Month. President Mueller asked residents to be generous in the blood draws in

the coming year. To schedule appointments for January 9, call Carol Bauer at

630-620-5712. Also, the Jaycees are having their annual Best Decorated House in

Lombard. This is an annual contest sponsored by the Jaycees in cooperation with

Lombard businesses. Entry forms can be picked up at Gianorio's Pizza, Buona Beef

and Buona Pizza. The deadline is December 7, 2007.

President Mueller reminded residents of the Village of Lombard website, which is up and

operating with a lot of new information on there, such as a section called "What's New."

All of the events just mentioned are on the website.

President Mueller reported that this afternoon he accepted the award of Mayor of the

PC 07-05: 201-285 W. Roosevelt Road (Sportmart Shopping Center Planned

Development)

Requests that the Village take the following actions for the subject property located

within the B4A Roosevelt Road Corridor District:

1. A conditional use to establish the subject property as a planned development.

2. For the proposed Starbucks establishment:

a. An amendment to Ordinances 3710 and 3711 which granted approval to allow for

the establishment of three principal structures and three (3) freestanding signs on the

subject property.

b. A conditional use, pursuant to Section 155.417(G)(2)(a)(5) of the Zoning

Ordinance to allow outdoor dining.

c. A conditional use, pursuant to Section 155.417(G)(2)(b)(5) of the Zoning

Ordinance to allow a drive-through establishment.

d. A deviation from Section 153.505(19)(a)(2)(a) of the Sign Ordinance to allow four

(4) wall signs where only one sign is permitted

3. For the retail store at 255 W. Roosevelt (Hobby Lobby):

a. A deviation from Section 153.505(19)(b)(2)(a) to allow five (5) wall signs where

only one is permitted.

4. For the existing freestanding shopping center identification sign:

a. A deviation from Section 153.235(C) of the Sign Ordinance to allow for up to

five-hundred-one (501) square feet of sign area where a maximum one-hundred-fifty

(150) square feet is permitted.

b. A deviation from Section 153.235(C) of the Sign Ordinance to allow a sign height

of forty (40) feet where a maximum of thirty-five (35) feet is permitted.

5. Grant Site Plan Approval authority to the Plan Commission. (DISTRICT #2)

PC 07-38: 19W070 16th Street (Montini Catholic High School)

Requests that the Village take the following action on the subject property:

1. Authorizing the Execution of an Annexation Agreement. (2/3 Corporate Authorities

Vote Required)

2. Annex the property to the Village of Lombard immediately following contiguity

between the Village corporate limits and the subject property; and upon approval of the

annexation of the subject property:

a. Grant a conditional use for a planned development for the existing campus

which would establish a master campus plan;

b. Grant a conditional use for an educational institution (senior high school) and its

related educational, social, athletic, theatrical and other attendant uses;

c. Grant approval of a conditional use for the accessory uses and buildings located

on the subject property; and

d. Grant a deviation from Section 155.210(A)(3) to provide for future light poles for

the existing ball fields.

3. Grant site plan approval authority to the Lombard Plan Commission.

(UNINCORPORATED)

PC 07-03: 19W471 Roosevelt Road and 351 E. Roosevelt Road (Lombard

Crossing) (Continued from November 1, 2007)

Requests that the Village take the following actions on the subject property:

A. Approve an annexation agreement. (2/3 of Corporate Authorities Vote Required)

B. Annex the portion of the subject property not currently within the Village of Lombard.

C. Approve a map amendment rezoning the entire property to the B4 Corridor

Commercial District.

D. Approve a conditional use for a planned development, with the following companion

conditional uses, deviations and variations, as follows:

1. For Lot 1 (Parcel A) of the proposed resubdivision, approve:

a. A conditional use pursuant to Section 155.414 (C)(7) of the Zoning Ordinance

for a drive-through facility;

b. A deviation from Section 153.505 (B)(19)(a)(2) of the Sign Ordinance to allow

for more than one wall sign per street frontage;

c. A deviation from Section 155.414 (D) of the Zoning Ordinance to reduce the

minimum lot area from 40,000 square feet to 36,549 square feet;

d. A deviation from Section 155.414 (E) of the Zoning Ordinance to reduce the

minimum lot width from 150 feet to 137.54 feet.

2. For Lot 2 (Parcel B) of the proposed resubdivision, approve a deviation from

Section 155.414 (F) of the Zoning Ordinance reducing the required east interior side

yard from ten feet (10') to two feet (2').

3. For Lot 3 (Parcel C) of the proposed resubdivision, approve:

a. A conditional use pursuant to Section 155.414 (C)(7) of the Zoning Ordinance

for a drive-through facility;

b. A deviation from Section 153.505 (B)(19)(a)(2) of the Sign Ordinance to allow

for more than one wall sign per street frontage;

c. A deviation from Section 155.414 (D) of the Zoning Ordinance to reduce the

minimum lot area from 40,000 square feet to 30,799 square feet;

d. A deviation from Section 155.414 (E) of the Zoning Ordinance to reduce the

minimum lot width from 150 feet to 121.03 feet.

4. For Lot 4 (Parcel D) of the proposed resubdivision, approve:

a. A deviation from Section 154.506 (D) of the Subdivision and Development

Ordinance to allow for a lot without public street frontage;

b. A planned development use exception for a storage center in the B4 District;

and

c. A variation from Section 155.508 (B)(3) of the Zoning Ordinance pertaining to

the Standards for Planned Developments with Use Exceptions to allow a use exception

to exceed 40% of the total floor area for the overall planned development.

5. For Lot 5 (Parcel E) of the proposed resubdivision, approve:

a. A deviation from Section 154.506 (D) of the Subdivision and Development

Ordinance to allow a lot without public street frontage;

b. A deviation from Section 154.507 (D) of the Subdivision and Development

Ordinance requiring an outlot to have at least thirty feet (30') of frontage along a public

street;

c. A deviation from Section 155.414 (D) of the Zoning Ordinance to reduce the

minimum lot area from 40,000 square feet to 20,203 square feet for a detention outlot;

and

d. A deviation from Section 155.414 (E) of the Zoning Ordinance to reduce the

minimum lot width from 150 feet to 138.17 feet for a detention outlot.

6. For each of the proposed lots, grant a variation from Sections 155.706 (C) and

155.709 (B) of the Zoning Ordinance reducing the required perimeter parking lot

landscaping from five feet (5') to zero feet (0') to provide for shared cross-access and

parking.

7. Approve the following Sign Ordinance deviations:

a. A deviation from Section 153.505 (B)(6)(e) to allow for more than one

freestanding sign on a property;

b. A deviation from Section 153.235 (A) to allow for more than one shopping

center sign; and

c. A deviation from Section 153.235 (E) to allow for shopping center signs to be

located closer than 250 feet from each other.

d. A deviation from Section 153.234 (F) of the Lombard Sign Ordinance to allow

Drew Friestedt, 720 Arbor Lane, Glenview, Illinois, representing Centrum Properties,

stated that they have been working on this since September 6, 2005. Mr. Friestedt gave

some background on the history of the project. He said that in the first meetings with

staff back in September of 2005, they presented a redevelopment of Lombard Lanes,

which is highlighted in blue here today. It was a bank anchored strip center with about

15,000 square feet with small shopping retail. When it was initially presented, that plan

had no development in the back of the property because this project stood on its own

financially. Staff reacted fairly negatively to it because of the bank and the drive

through, but they were interested in the development of the parcel to the west of it,

which was O'Hare Towing.

Mr. Friestedt stated that they went to that landowner and tried to negotiate a deal to

acquire that property and expand the scope of the project to include that property. They

came back with another site plan which was a bank anchored strip center with

approximately 15,000 square feet of small shops and a 7,000 square foot sit down

restaurant. He stated that the issue with that development was the negotiated price to

purchase that property was 100 percent more than its appraised value. It made the

project not financially feasible.

Next, they we presented an option to do some type of financial assistance to help

acquire that property. Staff came back and said that that was not an option. Then they

started to look at the back of the property, which up until this point had no development

of the back of the property because the project stood on its own, assuming that they

could have gotten a public subsidy to help acquire that property at more than market

value.

They continued to work the site plan and came up with a number of concepts. He

showed two with the same concept where they had a bank, some strip retail, a drive

through restaurant and a retail use at the back of the property. Mr. Friestedt said they

have a list of over 300 retailers that they call when they do strip centers.

He said that they are a substantial developer and have been in business for more than

25 years and that they have developed about 100 strip centers like this, either bank

anchored or Walgreens type strip centers. He said they have very deep relationships

with retailers and called all of them to try to find alternatives for this back piece. He

reported that Firestone was actually one retailer that was interested. When they came

out to the property, they were concerned about the depth where they sat relative to

Roosevelt Road, and they were down very low and not visible from Roosevelt Road.

They continued to try to massage the plan and continued to talk to retailers. He showed

another plan which looked at the same kind of concept up front with a bank and some

strip retail, some sit down restaurants and a more destination kind of retail use.

In this case they were going after Cardinal Fitness and got the same kind of reaction

from the retailer, that the site was too deep; there was no visibility from Roosevelt Road,

and the retailers just simply weren't interested.

At this point in the process they were at the 47th site plan. He stated that staff told them

that Lowe's was interested in coming into the market, and that staff wanted the

developer to look at expanding the scope of the project and assembling some properties

around their property to bring Lowe's into the market.

He said they tabled the plans and started working on a larger development which would

have required the assemblage of five disparate parcels. There is the Indian sit down

restaurant, a school, a storage facility, a municipal owned property. Jim McKenzie, their

land acquisition person, went out and talked to all the landowners and was trying to

negotiate a purchase of the property. Based on feedback from the owners, the cost to

assemble that property would have been about $18 million in addition to the land that

they owned, which was about $5 million. The Lowe's deal and their negotiations with

them engaged the broker Mid America.

The economics of a Lowe's deal are that they will buy the property for $4 million, and

they will give you $2 million of site improvements. It was a $6 million purchase from

Lowe's, and it's going to take just in terms of land, not including your carry,

approximately $23 million to purchase the property. Mr. Friestedt stated that they went

through a whole TIF analysis, worked with staff, came up with what they thought a

subsidy would cost to support a Lowe's deal. The public subsidy would have been in

the twenties of million dollars to get a Lowe's deal to financially work.

That led them to the site plan that was approved by the Plan Commission, which was

their 65th site plan. It's a retail strip center, bank anchored. National City is the tenant.

They have a signed lease. They have approximately 15,000 square feet of small shops

which they are actively leasing today and a drive through restaurant. They are in lease

negotiations with Del Taco.

Mr. Friestedt reported that a retail use does not work in the back of the property. He

said they have talked to over 300 tenants and sent their brokers into the market to do a

grass roots effort and pound on doors to see if they could get retailers to move to this

location. They concluded they cannot get a retailer to go into the back of the property.

They found a storage operator who is interested in the site because of the destination.

Storage is very destination oriented, and they are willing to go into a part of the site that

doesn't necessarily have great visibility off Roosevelt Road.

He stated that today they are asking for, not a conditional use, but a use exception to do

storage in approximately 95,000 square feet. It would be a four story building. He

stated that they have done cross sectional studies in terms of sight lines from Roosevelt

Road, and you see about the top five to ten feet of that building from Roosevelt Road.

In the annexation agreement that was worked out with staff, they have been very

particular that the architecture needs to be consistent with the other architecture of the

buildings.

Mr. Henning stated that supplementing the discussion offered by the petitioner, staff has

provided a number of documents within the Board packet for consideration as part of

this petition.

The proposal consists of the redevelopment of the now vacant Lombard Lanes

(Centrum) property previously annexed into the Village as well as the unincorporated

former O'Hare Towing (Chrisos) site. The project in total is 4.57 acres in size.

The petitioner initially submitted concept plans and a formal application for Village

consideration in January, 2007 prior to the start of the Roosevelt Road Development

Moratorium. Staff requested that traffic access and circulation issues be satisfactorily

addressed by the Illinois Department of Transportation prior to the public hearing. The

submitted plans reflect a full access drive to the west end of the Subject Property, which

also provides for the joint driveway access for the York Township Highway Department.

A single, right-in, right-out drive was provided for the center access driveway. There are

two cross-access easement locations to the High Point Shopping Center property to the

east.

With completion of this activity in late Spring, 2007, the petitioner prepared plans for a

public hearing. The plan's highlights are a proposed freestanding bank with

drive-through, a fast-food drive-through building with outdoor seating and a 14,800

square foot in-line retail center. They are also seeking approval of future rights for a

storage center to be located to the rear of the proposed strip center of approximately

95,000 square foot in size. The petition spells out the specific hearing requests in

greater detail.

The Inter-departmental Review Report outlines the petitioner's full request and staff's

comments. Staff recommended approval of the petition, subject to a number of

conditions included within the report itself.

The Plan Commission considered the petition at its August 20, 2007 public hearing

meeting and recommended approval of the petition, subject to a number of conditions,

as noted within the referral letter and draft planned development Ordinance. As a

follow-up to this recommendation from the Plan Commission, the petitioner has provided

modified building elevations as included within your report binder.

Before the petition was brought to the Villager Board for consideration, staff asked the

petitioner to undertake a comprehensive review of the whole unincorporated block face

to see if it was viable to construct a larger retail center anchored by a large retail tenant.

The petitioner completed an initial analysis, which was also provided within the Board

packet. The analysis found that at present a large scale redevelopment plan is not

economically viable at this time.

As a condition of approval, staff worked with the petitioner to develop an agreement

setting for the terms of the agreement. The agreement intends to memorialize the plans

and provisions, including:

1. The phasing of the project and the future approval process for the Lot 4 site;

2. The eventual removal of the billboard on the O'Hare Towing Property;

3. Design provisions; and

4. Provisions associated with the future users in the in-line center, as no tenants are

"under contract" or "lined up" at this time. The petitioner was willing to agree to either

capping the number of tenants at six or a 30 percent cap on service tenants within the

in-line center, with any increase above the 30 percent threshold being a conditional use

and subject to further review and consideration by the Village Board. Staff also

suggested other potential mechanisms to address the use list, but concerns were raised

about the ability to lease the center under more restrictive provisions.

In your packet you have the annexation agreement, which must be approved prior to

consideration of the site plans themselves. For the plans to be approved as currently

shown in the submittal, the annexation agreement must be approved. If approved, the

Board can then vote on the companion zoning actions as part of the petition.

The development would be located in Trustee District 6. The trustee did attend some of

the meetings staff had with the petitioner as the project developed and expressed

reservations and concerns over the project, noting that the plan does not enhance the

Roosevelt Road Corridor. He never committed to the project. Rather, he stated that he

would make his decision based upon the totality of the project.

Staff attempted to encourage the petitioner to bring forth the best development possible

by working with the petitioner, recognizing that the application was received prior to the

directives established as part of the recently adopted Roosevelt Road Corridor Plan.

Staff is available to answer any questions you may have relative to the petition.

Trustee Soderstrom stated that he personally did meet on multiple occasions with this

petitioner where he expressed reservations regarding this project. It is his opinion that

the development was more of the same type of projects that exist along the Roosevelt

Road corridor. Despite the fact that their petition was before the Roosevelt Road

moratorium, he feels it is not consistent with the recommendations of the Roosevelt

Road Ad Hoc Committee. With the final product before the Board this evening, he

stated that he cannot endorse the final product. Trustee Soderstrom moved to deny the

annexation agreement, seconded by Trustee Moreau.

Trustee Tross remarked that if the motion is successful, there is no reason to discuss B,

C and D.

Trustee Soderstrom stated that if the motion is successful, he will make a motion

regarding those immediately thereafter.

President Mueller asked if there were any further questions.

Mr. Friestedt asked how this has evolved over the last two years. He said that they

submitted the petition before the Roosevelt Road Corridor Study was commissioned and

that according to his interpretation of their proposal, it's consistent with the Roosevelt

Road Corridor Study. He said they have one unified development which ties together.

In working with staff they thought that they did have a plan that met the Roosevelt

Corridor Study. He stated that he is surprised that the Board does not support the plan.

Trustee Soderstrom stated that he realizes that this petition was presented to the Village

prior to the moratorium, however, prior to the Roosevelt Road Ad Hoc Committee, banks

and strip malls were a conditional use. Subsequent to the approved Ad Hoc Committee,

financial institutions and strip malls are a conditional use, along with drive through

facilities, which was a conditional use at both times. He said that his decision to not

accept this is consistent with the Roosevelt Road Ad Hoc recommendations.

Mr. Friestedt asked for a continuance to work with staff and the Trustees to better the

plan to make it more consistent with what the vision is.

Mr. Bayer said it would then have to be referred back to the Plan Commission because

there is an annexation agreement, and if the terms and conditions in there change

because they are coming in on a recommendation from the Plan Commission, the Plan

Commission would have to review any changes and make a revised recommendation to

this Board.

Mr. Hulseberg said that if the site plan changed, it would alter certain deviations and

may require others; thus requiring a new Plan Commission meeting.

President Mueller asked Mr. Friestedt if he wished to continue and referred it back to the

Plan Commission. Mr. Friestedt answered yes.

President Mueller asked Trustee Soderstrom if he had a problem with that.

Trustee Soderstrom said that he did. The petitioner himself has stated he has been in

negotiations with staff for two years. Having participated in some of those negotiations

Trustee Soderstrom reiterated that he had expressed his displeasure with the directions

of those negotiations since the very beginning that he got involved. He sees no reason

to send this back to the Plan Commission and continue it. He suggested the Board deal

with the petition in front of the Board, and that it has been going on for quite some time.

If they wish to come up with another petition and come back through the process of

dealing with staff and the Plan Commission, that is certainly their prerogative, but he will

not refer this back. It's been a long time coming. It is here. This is what they

presented. He said he participated along with staff in the negotiations and will not accept

a continuance. He requested a vote on his motion.

Trustee Tross stated that if the annexation fails, the issue of the petitioner's actual

presentation is moot; and, therefore, the Board will not have heard it. He can go back

any time.

Mr. Bayer said that the annexation agreement comes directly to the Village Board.

Once the Board denies that, they do need to take some action on the Plan Commission.

If the Board denies the annexation agreement, it would be a denial of the Plan

Commission recommendation in light of the non-approval of the annexation agreement.

Trustee Tross asked if the Board should let him withdraw his petition.

Mr. Friestedt stated that he would like to withdraw the petition.

President Mueller indicated that the Board first would have to act on the motion. He

asked Mr. Friestedt if he would like to withdraw the petition at this time.

Mr. Friestedt stated that he would like to withdraw the petition.

President Mueller indicated that the Board first would have to act on the motion. He

asked Mr. Friestedt if he would like to withdraw the petition at this time.

Mr. Friestedt stated that he would like to withdraw the petition.

Mr. Hulseberg asked if Mr. Friestedt is withdrawing both the Petition of Annexation and

the petition of the Plan Commission action.

President Mueller indicated that it's his understanding the petitioner is withdrawing

everything. He wanted to continue it. Trustee Soderstrom says he doesn't want to refer

it back to the Plan Commission, so he is withdrawing the total petition.

Trustee Soderstrom asked if the total PC 07 03 including the annexation would be

withdrawn.

Mr. Friestedt answered in the affirmative.

Trustee Soderstrom stated that he would accept that request. Trustee Moreau

concurred.

President Mueller asked Mr. Friestedt if he would withdraw the motion.

Mr. Friestedt answered in the affirmative.

President Mueller said that the motion is withdrawn. He asked Mr. Friestedt to

submit a formal written request to the Board.

Mr. Bayer said that if he is withdrawing the petition, there is nothing to vote on. If they

want to bring it back again, they would have to bring back a new Plan Commission

petition, as well as a new annexation agreement.

President Mueller thanked the petitioner and stated that he is not sure what the vote

would have been on and indicated that the Board needs to give staff some direction as

he works with the developer on this site. He asked Trustee Soderstrom and Trustee

Moreau and anyone else if who wants to contact Mr. Hulseberg to give him direction on

what they would like to see on this site other than what's being proposed here so they

can work with the developer on this site. He acknowledged that there has been a lot of

time and effort put in by staff and the developer.

Trustee Soderstrom encouraged any of the other trustees to express their opinions to

staff. He pointed out that besides the petitioner, he has been in other discussions with

staff on this project. Staff is very clear on his position and his direction regarding this

petition and that staff has been very clear on it since the beginning.

Mr. Friestedt stated that he feels like he was blindsided by the Board's reaction. They

have been working two years with staff and with the Trustee, and his understanding of

the discussions must have been completely wrong because they started negotiating with

O'Hare Towing in exchange for the acceptance of a bank as part of their strip center.

He said they never would have had those negotiations with O'Hare Towing and that he

bought out that lease and paid rent on that lease with this general understanding that

the Village was going to be receptive to a bank anchored strip center. Had they not

understood that, they would have not have bought out the lease of O'Hare Towing. He

stated that he feels like there has been a gross misunderstanding between the petitioner

and the Village. He said that they spent lot of money and a lot of time to date to get to

this point. They have done 65 site plans and bought property worth $5 million. That they

have a plan that is totally unacceptable to the Village is a surprise to them.

President Mueller said he understands that, which is the reason he is asking the Board

to convey their concerns to Mr. Hulseberg.

Trustee Tross said that on the Consent Agenda is a plat that is within three miles of this

location in his district. It has existed there for 38 years, all the years he has been in

Lombard. They came to the Board on the dais. He said he believes they were looking

for seven deviations. Five of them already existed on the site. This is a completely

cleared site, and he counts 17 variations and two other exemptions. He asked how

does someone come in with a clean slate and ask for 17 items?

Trustee Soderstrom stated that he will not let the petitioner leave based on the last

comment that the petitioner feels he was blindsided. He said he is sorry if they feel that

way. He said that at the last meeting he had along with staff and the petitioner, he

clearly stated his position that he was not in favor of this development as presented. So

he doesn't know how they can be blindsided by his opinion because he didn't mince

words or give innuendos. He told the petitioner what his position was.

President Mueller stated that there was a Motion to Withdraw at the request of the

petitioner who is going to submit a Request for Withdrawal. He asked the petitioner to

direct their comments to Mr. Hulseberg so they can continue to work with the developer

on this site.

Trustee Tross stated that Burns and McDonnell were the engineers of record for the

Westmore/Meyers underground utility project, an 11 month long project that still is not

completed with the final punch list, meaning painted light poles and some sod. He said

that he asked that this not be discussed in Executive Session. This contract ran a

million one over in their change orders, and a lot of it had to do with errors that were

created by project engineers, Burns and McDonnell. Normal procedure is to settle these

matters through Executive Session and sign off. The public has indicated a very large

displeasure with the Westmore project, its time and everything else. He thinks the

public is entitled to know that our staff and our contractors who do the physical work did

their job on this project; and one firm, in particular, erred while the change orders came

in at 1.1 million that we didn't know about and that the Village can only recoup $115,000.

The general public may wonder why if the Change Order is 1.1 only $115,000 can be

recouped. He said that legal counsel can explain that. Trustee Tross said that the guy

who did the sewer work was not to blame for these delays. The guy who did the

blacktop wasn't to blame. This project took far longer than it should have and ran 100

percent over. He thinks it should be made public and is glad the Board agreed. He

indicated that he would support the resolution.

President Mueller said that residential redevelopment appears on the agenda as a result

of the Board's direction to staff to proceed with reviewing residential redevelopment.

The Village had three meetings with residents, with realtors and with developers, and

this is the result.

Mr. Lichter said that Mr. Hulseberg will briefly review the outcome of the meetings, and

then there is a recommendation to refer this to various Village committees.

Mr. Hulseberg explained that as part of the Village Board's strategic planning process,

the Board asked staff to look at residential redevelopment as an issue. Staff then

prepared a program of activities about how we would accomplish that task. The first

step was doing a survey in which we contacted anybody that lived adjacent to single

family residential redevelopments within the last three years.

There was a 42 percent response rate to that survey, and staff was able to glean some

important issues. As a result of that, staff conducted two focus groups with residential

homeowners and also met with realtors and with builders. Survey results were shared

with participants, and they were asked what issues they had in the development of

single family homes from the residential redevelopment standpoint. Staff gleaned three

specific issues. The first was construction site maintenance as a general issue. The

second was storm water drainage issues, and the third were bulk regulations. Mr.

Hulseberg stated he has a copy of the white paper that staff prepared for the Board to

look at a more detailed point of view of this. Staff's recommendation is to group these

three issues and send them to various he committees. Construction site maintenance

issues will go to the Board of Zoning Appeals. Storm water drainage issues will go to

the Public Works Committee, and bulk regulations will go to the Plan Commission. Each

of these committees would look at various issues and provide recommendations based

off the information that we have gleaned and their recommendations back to the Board

for adoption.

President Mueller asked if there was any discussion at this time as this is sent to the

three committees which will come back to the Board with discussion and action.

Trustee Gron stated that this is a great piece of paper to start with. He said that he is an

advocate of some change here in the new building industry with teardowns. He asked

how many builders were part of the survey.

Mr. Hulseberg said that two attended the focus group of some 25 that were invited. And

one that was out of town did contact staff, and Mr. Hulseberg met with him.

Trustee Gron asked if there are approximately 25 developers in the area.

Mr. Hulseberg said staff looked at those building permits that were issued and the

developers that were doing that type of work. Staff was quite disappointed with the

participation from that community.

Trustee Gron said this is of great concern to him because there are a lot of rebuilds

going on in his district. He added that he has contacted Dave in the last three years on

a number of situations with new homes. He added that they discussed some of these

same issues many times. He congratulated staff on preparing this great piece of work.

He said that when it comes back to the Board for approval, it's going to be a sound

piece of direction for developers.

President Mueller said that he thinks the most important thing about this process was

that they got a 42 percent reply to the surveys that were sent out. He was disappointed

with the resident response at the focus groups. He was disappointed with the realtors'

and developers' response. In the Village of Lombard, of 60 realtors, six people

responded. Both focus groups had the same group of residents there in District 5. So

although they had open focus groups and tried to encourage participation, they really

didn't get the participation that they were hoping for. But there was tremendous

response from the survey that was sent out.

Trustee O'Brien asked who permits developers to build those large buildings on small

lots.

Mr. Hulseberg responded that the Village Zoning Code says that you can have coverage

on a lot of up to 50 percent.

Trustee O'Brien said that some of the lots are very small, and some of the houses are

very big.

Mr. Hulseberg said that they are still meeting 50 percent coverage and meeting Village

requirements.

Trustee O'Brien asked if the Village allowed any variations.

Mr. Hulseberg said that on occasion, there have been variations approved by the Village

Board, not staff. He stated that on developments that have been three-lot subdivisions

or greater they have not seen any open space variations being required.

President Mueller said that this particular item pertains to residential redevelopment in

the community, that initially they are just looking at the residential redevelopments.

Trustee O'Brien said that people are complaining about the size of the lot and the size of

the house, that they are overwhelmed by the size of the house next to them. He asked

if that issue has been dealt with.

President Mueller stated that that issue will be going to the Plan Commission. The

greater concern that came out of the focus groups was drainage.

Trustee O'Brien asked if the issue of size and visual appearance would be reviewed.

Mr. Hulseberg said that it would be reviewed within the Plan Commission realm.

President Mueller stated that the Village of Lombard doesn't have an architectural

review.

Trustee Tross stated that Districts 1 and 6 have far more tear-downs than his district.

He believes that public improvements, streets and residential redevelopment increase

the quality of life in a neighborhood. He reported that one particular block in his district

has gone through being a single lot converted into three lots with brand new homes on

them. The new homes sold for 4 or $500,000. Two doors down, a house that may not

have been prime on the street suddenly looked at this residential redevelopment, and

now their parkway isn't dandelions. He stated that residential redevelopment does

spark interest and makes neighbors look at the way they maintain their own properties.

He agreed that the Board has to look at the impact of stormwater but added that they

should take notice of the positive effects of residential redevelopment.

President Mueller said that they have noticed the same thing on the Board of Local

Improvements, where their improvements generate other improvements. He also stated

that the complaints in response to the survey had to do with garbage around the site,

construction starting time, using neighbors' electrical outlets. He stated that those things

will be addressed. He agreed that residential redevelopment has been good. He

reported that these issues will be reviewed by the various committees. He commended

staff on their excellent work.

President Mueller stated that that concludes the agenda items. On behalf of the Village

Board and staff, he wished all residents of Lombard a Happy Hannukah, a very Merry

Christmas and a happy and healthy New Year. He stated that the Village Board

meeting scheduled for December 20th has been cancelled and reminded everyone that

Village Hall will be closed on Christmas Eve and Christmas Day and will close early New

Year's Eve and be closed New Year's Day. He reminded everyone to please shop

Lombard.