Village of Lombard Legistar System

Trustee Koenig said that the Committee met on January 15, and in attendance were the

Village auditors, with the firm of Lauterback and Amen. At that time, they went over the

2001 Comprehensive Annual Financial Report and recommendations. One of the items

discussed was the Glenbard Wastewater Authority. The Village's share has fluctuated

significantly over the last three years. Also discussed was GASB 34 which Lombard

hopes to implement one year ahead of the required deadline. She commented that staff

did go through the implementation plans. The Committee voted to accept and file the

Comprehensive Annual Financial Report and also the financial letter for public review.

The next meeting will take place March 19, 2002 to discuss the FY 2003 financial

budget and financial policy updates. Trustee Koenig requested that the Finance

Committee review the DuPage Theater Business Plan that was presented to the Board

on January 12, 2002, and she asked for concurrence from the Board,

Clerk Kramer stated that the Board of Local Improvements met on January 10, 2002

with a busy agenda. She commented that this was the final BOLI meeting for Laurence

Barry and Lorraine Gerhardt, as they have both retired upon moving out of Lombard.

She stated that their expertise and many years of experience would be greatly missed.

Clerk Kramer stated that at that meeting, BOLI approved a resolution authorizing a final

balancing order for Special Assessment 209, reflecting a decrease of $113,268.42,

authorized payouts totalling $69,799.66 for Special Assessment 213 and approved a

resolution authorizing a change order in the amount of $15,077.91. Also at that meeting,

BOLI authorized payouts totalling $147,399.64 for Special Assessment 214 A & B and

approved a resolution authorizing a change order in the amount of $12,827.88,and for

Special Assessment 216, BOLI passed an ordinance revising the scope of

improvements to delete pavement and sidewalk on Ahrens and School, south of Norton,

and approved payouts totalling $5,915.63. Payouts were also approved at that time for

Special Assessment 217 totalling $31,055.48. She stated that the next meeting would

take place on February 14, 2002.

Village Manager, William T. Lichter had no comments.

Trustee DeStephano commented that there have been a couple of long Board meetings

recently. She stated that the last meeting held on Saturday, January 12, 2002, had a

standing room only crowd in attendance and she thanked everyone who showed up.

She wanted to especially thank Pat O'Shea, a county board member. She said some

statements were made during that meeting about theaters in general. She wanted to

clarify that the Northgate Theater did not close due to lack of Lombardians supporting it,

but that it closed due to changes in the film industry, such as rentals, cable etc. She also

questioned Willis Johnson being mentioned as an expert on theaters. Trustee

DeStephano also stated that residents had not been allowed to testify on the Theater

issue.

Trustee DeStephano also commented that she took a lot of heat regarding the

discussion concerning stop signs, right in and right out, and that she was concerned

with St. Charles, Roosevelt Road and North Avenue being the only streets proposed

with full east/west access. She does not want to see Lombard becoming a limited

access subdivision.

She also stated that she had a number of calls regarding Rick and Gina's Subdivision on

the last agenda, as to why the Village is allowing building on those lots. She explained

that the way the language of the Laws and Ordinances are written, the Board has very

little power to change the subdivision ordinance when waivers are not requested. She

expressed regret that she could not get enough support to buy that property. She said

every ordinance and code will be followed when the property is developed, as Dave

Hulseberg and Chief Seagraves will help in that endeavor.

Trustee Sebby stated that he thought comments regarding the Theater were out of order

and he would wait until the appropriate time to address this issue.

Trustee Tross stated he will continue to support whatever protects our residential

neighborhoods and the character and quality of life.

Clerk Kramer commented that the minutes are being transcribed for the meeting of

January 12, 2002, regarding the DuPage Theater, and that there was significant

testimony from residents who chose to speak.

Trustee Sebby commented on the DuPage Mayor and Managers Conference that was

recently held. He stated that there was a U.S. Congressman present, and the topics

discussed were e-commerce, security, the Hotel/Motel Tax and regional air capacity. He

said that it was a vital meeting and very useful.

President Mueller said that legislative initiatives for the coming year were passed and

efforts to move forward to lobby on behalf of those initiatives will take place. He also

commented that a former member of the Lombard Police Department, Roger Marquardt,

had been sworn in as State Representative at that meeting.

President Mueller stated that he was unclear of the intent of Trustee DeStephano's

comments on the purchase of Rick and Gina's property. He felt the comments were

inappropriate and would be discussed in Executive Session.

Director of Community Development, Dave Hulseberg stated that at the January 3, 2002

Board meeting, staff was requested to provide an amended Annexation and

Development Agreement to include several items in regard to a construction fence, a cul

de sac and a special service area for the purpose of a traffic light, if it was deemed

necessary. He said that Trustee Koenig had suggested some changes in the interim. A

new site plan, entrance revision, final drawings, and sidewalks on the north side of

Eastgate have been included. He stated that staff has been in conversation with County

commissioner representatives regarding the floodway. He also spoke of a report from

staff addressing the issue of 65 proposed zoning violations submitted by a resident. He

stated that staff did not consider these proposed zoning violations to be valid, and this

issue was addressed by a memorandum from Mr. Hulseberg dated January 17, 2002.

Addressing the allegation regarding to the Public Hearing concerns, he said after review

by staff and Village counsel, it was determined that Public Hearings were not held

improperly as claimed.

Trustee Tross wanted clarification to determine if the property to south was outside

Lombard's jurisdiction.

Members of the Public who spoke:

Greg Blackaller, 1706 S. Stewart, had two major concerns regarding the quantity and

quality of the water runoff, as a drainage ditch is to the south of his driveway. He asked

why an unfiltered runoff was being allowed in a multimillion dollar site. He was also

concerned about the leakage of various fluids from vehicles in the parking lot further

contaminating the water runoff.

Brian Ford, 1709 S. Highland, said that he had spoken with Trustees Koenig and

DeStephano, and he understood that an amendment would be made providing for an

appropriate storm sewer that would address these runoff issues.

President Mueller stated that the Village has been in discussion with Irene Stone, from

DuPage County, and has also met with her. A bond would be issued to address the

areas of flooding and some funds would be used for this area. They are still working on

that issue but no reply, as of that afternoon, had been received.

Patrick Ford, 1709 S. Highland Ave., stated that the installation of a storm sewer would

solve the problem, as he has been in the business for almost 40 years. He spoke of the

runoff from the Town & Country area, office buildings, condo buildings and from the

Synagogue which has a pond. He mentioned that the proposed parking lot to be placed

behind the synagogue would add to the problem. He felt that a big storm sewer is what

is needed at Eastgate. He stated that during winter conditions, he has seen two to three

cars in that ditch. He mentioned that the proposed coach walk and a bigger ditch would

bring lawsuits to the Village.

John Jankowiak, 1815 S. Highland Avenue, stated that after watching the tape of the

last meeting, one of the Board members thought he was slamming the Comprehensive

Plan, when actually he was slamming the staff's interpretation of the Comprehensive

Plan. Mr. Jankowiak commented that Mr. Hulseberg probably didn't watch the tape.

President Mueller asked Mr. Jankowiak to dispense with criticism of the staff and stick to

the issues.

Mr. Jankowiak stated there is a definite language barrier regarding the setbacks and

landscaping. He stated that his property is located within Lombard's jurisdiction and

again stated that the proposed frontage is not sufficient and the development plan does

not meet code as submitted. He also commented that at the previous Board meeting, a

trustee said that this was a planned development and the developer could have asked

for variances, but did not because they would have to prove there would be no negative

impact on the adjacent property. Mr. Jankowiak said that he looks forward to debating

these issues for the next five years.

Catherine D'Hoosteleare, 1815 S. Highland, stated that the petitioner submitted to her

and her husband a means of acquiring their property and in turn they responded with a

means of what it would take to replace their property. She wanted to make it clear that

there is no agreement and probably won't be. She commented that she believed no one

had spoken in favor of the project, at which point a member of the audience stated that

her husband had been at the last meeting, speaking in favor of the project, and that was

her purpose this evening.

Ms. D'Hoostelaere went on to say that she and her husband are defending their

homeland from being surrounded by a sea of cars in parking purgatory. Regarding the

violations sited, she did not agree with staff's interpretations and would be pursing legal

intervention if the project was passed. She asked that the Board review the facts and

deny the petitioner.

Brian LeMoine, 232 Eastgate Road, stated that he wouldn't want to boxed in, but that

issue did not affect him. He asked if the property was annexed as of that time, as

Eastgate Road had not been salted. He inquired if the Board would be voting on the

issue that evening to which the Board responded affirmatively.

Mr. Hulseberg stated that there will be a storm sewer down Eastgate that would connect

on Stewart.

Mr. LeMoine asked the engineer affiliated with the petitioner if the storm water would go

to the creek. The engineer answered that it would.

Ellen Michalowski, 348 E. 16th Place, in the Providence Subdivision, stated that at a

meeting of the Homeowner's Association for their subdivision, most in attendance were

supportive of the project. She stated that she is a pediatric nurse with Advocate. She is

familiar with the doctors, and realizes that there is an aging population in Lombard. She

feels that this project would be good for the community, but asked that the Board

consider the traffic issues involved.

Sherri Spontak, 1811 Highland Avenue, stated that she is the daughter of Charles

Divito, who lives at 1812 S. Stewart. She said that her father's property would abut the

petitioner's property and that their properties would be greatly impacted by this

commercial development in a residential area. She said that the developer stated that

there had been three offers made to her father. She responded by saying that she has

worked on this issue for one year and has had numerous contacts with Mr. Hulseberg,

V3, and Trustee Koenig. She commented that there were written responses to all three

offers, although only two of these were formal offers. She said that the last letter was

sent by certified mail. She informed the Board that at the meeting of January 8, 2002,

with their attorney and Mr. Moise, it was stated that the last offer made may not even be

valid anymore. She commented that of the four lots that have been purchased, three of

those were motivated sellers. She said that the current parking cannot support it's

future use and asked if anyone had seen the proposals for Phase II. She complimented

Trustee Tross for his evaluation of the project.

Ms. Spontak said that they were contacted by staff after they hired an attorney. She

commented that they are long time residents and have watched the development of the

area. She feels that they have done their homework, had ongoing communication with

Village staff and have remained communicative with the developer.

Ted Feenstra, the engineer for the petitioner, stated that a proposed drainage pipe

would be constructed and that the intent was not to enclose the entire area enroute to

the drainage ditch. He stated that they are working with the County.

Trustee Tross inquired as to how many feet from the Divito's property line is the

petitioner's building, and he also asked for clarification of the setback issue.

Mr. Feenstra responded that forty feet would be the setback.

Trustee Tross suggested a revised development agreement addressing the storm water

issue, the Village's ability to correct any storm water issues, such as a 24/72 hour

caveat, and payment in lieu of making improvements.

Mr. Hulseberg suggested that the development agreement should include the provision

that if the property to south develops separately, and storm water problems occur, it

would not be through any fault of V3 or DuPage Medical, and that the private developer

would correct the situation. He also suggested a 24/72 hour caveat to be stamped on

the plat, and to also include some flexibility should the Village not want some portion of

improvements provided immediately. The Village could take a specified dollar amount

and place it into the CIP project in that area.

Trustee Tross suggested that the Annexation and Development Agreement should not

address the issue of a cul de sac, but instead it should include traffic control devices and

include no objection to a possible Special Service Area or Special Assessment at a later

date.

Attorney Bayer stated that revisions could be made regarding the cul de sac, as the

language he suggested would solve that issue, and he could add language regarding a

Special Assessment. He would recommend that it be included in the Annexation

Agreement to facilitate potential implementation for a twenty year period.

Trustee Koenig said that she preferred the revision of the Stewart Avenue improvement.

After her discussion with the homeowners association, she said that a cul de sac was

not under discussion at this point, and that she would resurrect the stop sign issue for

the Providence subdivision.

Trustee DeStephano asked for verification from the Fords regarding the language of the

agreement in regard to water runoff.

Brian Ford, stated that the purpose is to accomplish a drainage ditch on Eastgate Road

that will deal with runoff water. He asked if the water would flow through two properties

in the residential area.

Mr. Feenstra responded by saying that the water will be discharged in the same location

where the existing ditch is .

In response, Mr. Brian Ford stated that the language is unsatisfactory, as the problem

would be worse.

Trustee Soderstrom asked for clarification if the water will or will not run off into the two

residential lots.

Mr. Feenstra stated that the storm sewer will convey the water and discharge it where

the ditch currently runs.

Mr. Hulseberg commented that staff"s intention is to put the storm sewer all the way to

Eastgate as the properties at 1715 and 1709 Stewart are being subdivided and six new

homes are proposed. He hoped it would be possible to tie into that storm sewer with the

developer of those properties.

Mr. Feenstra stated that he was not aware of this issue but that it could be investigated.

Mr. Hulseberg stated that if the developer of those properties does not move forward

with that project, it would not be possible.

Attorney Bayer clarified the language that Trustee Koenig recommended, and stated

that only the County can give permission for flood way, and filings need to be made with

the County in order for that to occur. The issue of a storm sewer would be handled by

staff.

Trustee Koenig asked about the annexed status of the properties being subdivided on

Stewart Avenue.

Mr. Hulseberg stated that this has not been annexed but it has been acquired by a

developer. He commented that he is desirous of seeing this project go forward because

of the cost savings involved.

Trustee Tross asked if the modification would be limited to two hundred and fifty feet on

Eastgate.

Mr. Bayer stated that the only way the sewer could run the whole length would be with

the permission of the County. .

Trustee Tross commented that he believed the storm sewer should run from Highland to

Stewart.

Mr. Bayer stated that the sewer can only run from Highland to Stewart, within the north

right of way of Eastgate Road, with County permission, as with the storm sewer along

Eastgate Road north along Stewart Avenue.

Trustee Tross commented that he believed the storm sewer should run from Highland to

Stewart.

Mr. Bayer stated that the sewer can only run from Highland to Stewart, within the north

right of way of Eastgate Road, with the County's permission, as is the situation with the

storm sewer along Eastgate Road north along Stewart Avenue.

Trustee Tross wanted it very clearly stated that the storm sewer should be in

underground pipes.

Trustee Soderstrom expressed the desire for underground storm sewers regardless of

other developments being approved and that it doesn't make sense not to close in the

drainage ditch.

Trustee DeStephano asked if this would be at the cost of the petitioner.

Mr. Bayer responded by saying the cost could be shared with the Stewart Avenue

developer, if not, V3 would have recapture rights.

Trustee Florey asked if there would be a sewer if the ditch is or is not filled in.

Mr. Hulseberg stated that with the County's permission, there would be a storm sewer.

He suggested that the development agreement should reflect the storm sewer be

constructed from Highland to the midpoint of Eastgate, and from the midpoint of

Eastgate to Stewart, and then Stewart north, with recapture rights for the developer.

Trustee Tross said that the issue of the stormwater going into three properties needs to

be corrected.

Trustee Florey asked if there would be a sewer along Eastgate, and questioned if it

would it be the county's decision to approve filling in the ditch.

Trustee Sebby was concerned about the design issues that had not been addressed

before this project came to the Board for a vote. He suggested the possibility of tabling

the matter for two weeks. He was also concerned about the engineer of V3 shaking his

head negatively on the issue of recapture.

The CEO of the DuPage Medical Group, Darrell Stremler said that he wants to help

solve the water problems and is happy to cooperate, but they do not believe that their

project worsens the residents' current situations. As they do not control what happens

on Stewart, they would be happy to pay to tie in, but questioned how can they commit to

do something involving another property they have no control over.

Trustee Sebby asked what the anticipated time frame would be for a response from the

County.

President Mueller said that they had hoped for a response by that afternoon.

Trustee Tross stated that he doesn't anticipate a quick answer from the County.

Mr. Stremler stated that he had reached the point where a decision has to be made, and

he would ask for approval in order to resolve the issue that evening.

It was moved by Trustee Koenig, seconded by Trustee Florey, to approve the

Annexation and Development Agreement as written with a third amendment to the

Development and Annexation Agreement as it relates to part of the improvements

to Eastgate Avenue, the Owner shall construct a storm sewer along the North

side of Eastgate Avenue, from the point at which the out fall pipe from the

Owner's private stormwater management system intersections with the North

side of Eastgate Avenue (hereinafter referred to as the "Private Connection

Point"), to Stewart Avenue, so that storm water from the Subject Property flows

into said storm sewer to be constructed on the North side of Eastgate Avenue,

rather than flowing over land to the North. In addition, in the event that a storm

sewer is not yet located in Stewart Avenue at the time of the construction of the

aforesaid storm sewer in Eastgate Avenue, the Owner shall construct a storm

sewer in Stewart Avenue, from the point of connection with the aforesaid storm

sewer in Eastgate Avenue to the detention pond located North therefrom. In

relation to any such storm sewer constructed by the Owner in Stewart Avenue,

the Owner shall be entitled to recapture a portion of its construction costs

concurrent with the subsequent development of properties adjacent to that

portion of Stewart Avenue in which said storm sewer is constructed by Owner.

Finally, the parties hereto acknowledge that, because a portion of the North side

of the Eastgate Avenue right-of-way is located in a floodway, the Owner's

improvement to Eastgate Avenue, from Highland Avenue to the Private

Connection Point (hereinafter referred to as the "Floodway Improvement"), must

currently provide for the retention of the drainage ditch along the North side of

Eastgate Avenue. Notwithstanding the foregoing, if the Village is able to work

with the County to obtain permission for the filling in or said drainage ditch as

part of the Floodway Improvement, the Owner agrees to fill in said drainage,

ditch, construct a storm sewer on the North side of Eastgate Avenue, and revise

it's plan for the improvement of Eastgate Avenue, as directed by the Village's

Director of Community Development, to accommodate the foregoing. The motion

carried by a voice vote

Trustee Sebby stated that there has been quite a bit of discussion from the Ad-Hoc

Committee that there has not been unanimous support from the Board. He emphasized

that there is support from the Board to continue forward and seek the funds through

June and up until September of 2002. He said that he has had concerns since day one

about finances, as the Theater is in his district. He also felt that some of his questions

regarding specific quantities and numerical differences, went unanswered at the meeting

of January 12, 2002. Trustee Sebby responded to a resident from his district that spoke

at that meeting and stated that he had spoken to her and that the percentages she

quoted in regard to those participating in a survey were incorrect.

Trustee Florey asked what ownership structure would be involved in the Theater. He felt

options should be explored and information made available.

Trustee Tross felt that this was premature and he would want the Finance Committee,

staff, Community Development and the Finance Department to review the material.

Trustee Tross felt that the amount quoted in the business plan regarding rental areas in

the Theater were inflated.

President Mueller had no objection to this but did not think that the Board was ready to

move forward in that area.

Trustee Sebby concurred with Trustee Koenig's suggestion of a review by staff and to

verify all the figures involved. He stated that when June comes, he would like the Board

to be aware of what operational costs will be and what income will be generated from

the property as a whole. He felt the line item figures needed to be scrutinized.

Trustee Tross stated that he was reluctant to do this, and had a distinct objection to

anyone who is serving on the adhoc committee, have anything to do with ownership. He

said that if the issue were pushed, he would insist that two members of the adhoc

committee would be removed from that committee.

Trustee Sebby concurred.

Trustee Florey commented that the information could take time to gather.

Laura Fitzpatrick, the subcommittee chairman on finance for the adhoc committee,

stated that she was delighted to see the community come out in support of the Theater.

She went over the efforts to raise funds such as the many events and tours that have

taken place. She stated that thousands of visitors have toured the Theater, at which

time small contributions were made, although some contributions have been as high as

$1,000. She said that the next step would be to visit private benefactors, and to reach

out to businesses and the corporate community here in Lombard. She commented that

this could not be implemented until the direction of the board is made clearer. The

Committee is looking for federal funding as well as state and local funding. Ms.

Fitzpatrick thanked Ellen Balsamo for all of her help in this endeavor. Ms. Fitzpatrick

also commented that a 501 3 C classification for the Theater is needed in order to

pursue funding.

Trustee Sebby thanked Ms. Fitzpatrick for her diligence and sincere efforts and said that

he hoped funds do come through in June, as all the members of the Board are looking

for a favorable outcome.

There was a consensus of the Board to move forward and present the business plan to

staff for review.

Mr. Lichter inquired as to the timetable that the Board had in mind.

President Mueller stated as soon as possible.

Trustee DeStephano commented that she wished to understand the process.

Trustee Tross said that state statute requires this upon completion of the census and

that we have an imbalance. He commented that this adhoc committee parallels the

election board. This matter would come before the Board and it can be approved or not,

as the Board desires.

President Mueller explained that there are time constraints, as everything needs to be in

place prior to November 9, 2002.

Trustee DeStephano asked what would happen next.

President Mueller explained that the Committee would start immediately and will look at

block figures and precinct issues.

Trustee DeStephano commented that she would like to be involved in the process.

Trustee Koenig inquired if the meetings would be open meetings.

Trustee Tross confirmed that it would be open meetings and minutes would be taken.