Village of Lombard Legistar System

Trustee Soderstrom said that it is a health and safety issue and quality of life is of

importance. He said that should it be annexed, he would push to have these amenities,

but cannot give a time frame.

Ms. Carey asked if they would have a choice on the water and sewer.

Trustee Soderstrom said there would be no choice on water and sewer.

Nancy Perek, 0S684 School, stated that she has lived there since 1956 and she has

seen a lot of changes. She mentioned that her parents are senior citizens who have

lived at 0S725 School since 1963. She asked if the Village honors the Senior

Homestead exemption.

Mr. Bayer explained that the Senior Homestead Exemption is a State law, and is

applicable regardless of whether the property is incorporated or unincorporated.

Ms. Perek said that there are a lot of trees in the area and currently they have service to

pick up the branches once a month and she asked if the Village offers this.

President Mueller said that is not part of the Village program.

Trustee Soderstrom said that there is free brush pick up.

Trustee DeStephano explained that the brush needs to be bundled, and does not

include logs.

Ms. Carey asked if homeowners pay for garbage.

Trustee DeStephano said that residents pay quarterly for garbage.

Mr. Carey said there are only twenty two homes and she doesn't want to wait too long

for improvements.

Douglas Roberts, 1108 S. Ahrens, said he has been to other meetings, and has

received publications in regard to annexation and he is struggling to find the benefits of

incorporation. He said the protection of the Lombard Police Department is a benefit, but

currently there is a mutual fire aid agreement. His current primary responder for the Fire

Department is less one half of a mile away, and if annexed, the Village's primary

responder would be two and one half miles away. In regard to access to a library card,

he said he has no children so he wouldn't use it. He asked which Fire Station would be

the primary responder.

President Mueller said that it would be Fire Station Two at Highland and 22nd Street.

Fire Chief Seagraves said Station Two would be the closest. He said if there were a

house fire, there would be response from both stations as well as York Center and Villa

Park, based upon what kind of emergency it was.

Mr. Roberts asked if there would be a utility services agreement if the properties were

forcibly incorporated, and would they be required to sign it.

Mr. Bayer said no.

Mr. Roberts asked if they would have to hook up to the water and sewer.

Mr. Bayer said that according to Village Ordinance, if the water and sewer is within 250

feet of the residence, a notice would be sent to require them to hook up within ninety

days.

Mr. Roberts briefly talked about the situations that would would require a homeowner to

hook up.

Mr. Bayer said if none of the situations apply, the ninety day notice would not be sent

out requiring hook up.

Mr. Roberts asked if there was a time frame for a special assessment.

Trustee Soderstrom said there is no date set.

Mr. Roberts said he did not want to pay before the work was done.

Mr. Bayer said that it cannot be billed until contracts are signed and work is completed.

Mr. Roberts asked when the improvements would take place if annexed.

President Mueller said that the area has not been reviewed in the Capital Improvement

Program but will be reviewed in the next Capital Improvement Program.

Trustee Soderstrom said that every year the Village looks at improvement programs.

Mr. Roberts said that at the last two meetings, homeowners were told that the Village

had no intention to forcibly annex the area and asked what has changed.

Trustee Soderstrom stated that there are certain issues of health and safety, and that is

the most important item in front of them.

President Mueller has seen in the newspapers some problems that have occurred

regarding contaminated wells and he said the Village wants to be a step ahead of

problems. He also said that others have requested this because of poor water.

Stjcpale Sitak, 0S709 School Street, said that he came to Village Hall in 1996 and asked

when utilities would be given and was told that sewers would be put in in five years. He

asked why the cost was so high and said that he felt the money should come from taxes

and licenses.

Trustee Soderstrom explained that prior to this time, utilities have not been put in

because the area was not part of the Village. He said he can't give a date or cost at this

time.

Mr. Sitak said that when the streets are done, water and sewer should be done at the

same time.

President Mueller said that it was not going to be done in a month, as engineering work

has to be done, and it will be put into the Capital Improvement Project which will happen

this fall.

Trustee Tross said that in some areas the Village has paid almost 85% of the cost of

Special Assessments. He said as far as a Special Assessment, there are many steps to

the process, including a determination of dollar amounts. He mentioned Hoepner's area

were the Village staggered the projects over a twelve year period. He said historically

the Village has paid in excess of 2/3. Trustee Tross said that at Trustee Soderstrom's

request, the Board of Local Improvements is looking at the process.

President Mueller said he doesn't know who told him this five years ago, only that we

are now trying to help the people in the area. He said some people in the unincorporated

area have city water, although it is unclear how they got it and they ask why should they

annex. He said there are those that have a septic system problem that is running over

on to their neighbors' properties. The Village wants to take care of this before it is an

emergency.

Mr. Sitak stated he knows that some septic systems are bad, but some of those are not

on the list for annexation.

President Mueller asked Mr. Sitak not to mention names and addresses on television, of

those neighbors that are not on the list. He asked that Mr. Sitak provide addresses and it

would be checked out.

Rhonda Siwak, 1115 S. Ahrens, said that she doesn't understand what the benefit would

be to annexation and sees a duplication of services. She also asked what are the

extreme health and safety issues that are compelling the Village to do this.

Trustee Soderstrom said that if he lived in an area that had utilities, he would not want to

be incorporated either, but he has to look at the community as a whole.

Ms. Siwak said her well is fine and she wanted to know the health and safety issues that

the Trustees keep referring to.

Trustee Soderstrom said that water and sewer services for some areas that do not have

a good well and septic system are needed. He stated that Village codes and ordinances

are stiffer than those of the County in regard to making sure properties are kept up in a

positive manner. He said the President has gone over the benefits and the Fire Chief

has gone over the protection issues. He said that those that do have water and sewer

services now are paying a surcharge and that would be reduced.

Ms. Siwak said that she has been unable to attend meetings. She knows some property

owners have gotten letters about the meetings but she has received nothing.

President Mueller stated that he has had phone calls from people in the area saying the

Village has to do something regarding the condition of properties, animals in the home,

and some areas of concern on Roosevelt Road. President Mueller said that there have

been some people who have been at prior meetings, and have gotten information, and

some had specific concerns about their property. He stated that staff is available to

answer questions. He stated that the County government may ask municipalities to

assume police protection in unincorporated areas. He said he loves Lombard and is

proud to be a resident here, and he hoped she would be proud to be a part of Lombard

and that would be an advantage.

Ms. Siwak stated that for sale signs are going up in the area.

President Mueller said home values will go up in the area.

Ms. Siwak said she is very concerned about the public water supply in view of national

safety concerns. She stated she would like the Village to reconsider as she would be

happy to have her well tested yearly.

John Teune, 0S747 School, said that he is in favor of being annexed in order to get city

water because the existing water is so bad. He said after seeing what was done on

School and Ahrens, he counted the street lights on one block and there were nine. He

spoke of the candle power. He stated that it looks like a super highway and as much as

he wants water and sewer, he dislikes the lighting. He said that he likes Lombard, but he

would rather have bad water than the lighting.

Trustee Soderstrom said that these are two separate issues, water/sewer and street

projects.

Mr. Teune said that he knows some of his neighbors' water is not drinkable.

President Mueller said that staff would be happy to sit down and discuss lighting. He

mentioned that the Village is working to try to get funding for lighting on Roosevelt Road

and that Trustee Sebby is working on a plan to get complete lighting for Lombard. He

mentioned the lighting that has been installed on St. Charles Road, between Main and

Grace, and said that there are certain conditions the Village has to meet with the State

regarding lamp power on State routes. He also said that there are reasons that different

lighting is used in certain areas.

Eric Rempala, 0S670 School, said that some of the things that the Board was saying

were not the same things that they were told at the previous meetings. He said that a

survey showed that the majority did not want annexation. He felt that as soon as Road

Pilot came in, annexation was planned. He did not feel that his water is substandard, as

he buys water to drink but bathes in his water. He said that his main concern is the price

that residents have to pay. He stated he was told that water, sewer and streets were to

be done at the same time to save costs. He commented that he does not want curbs,

sidewalks, and street lighting and he feels his portion would be too high. He said the

general range of $20,000 to $30,000 is a lot of money. He asked why grants were not

researched.

President Mueller stated that someday Mr. Rempala will have streets, sidewalks and

lighting and he said the main goal is to get water and sewer to the people. President

Mueller said that the Village is not making money on the residents being annexed and

the Village pays up to 84% of the costs. He commented that when the improvements

are done, the residents will see the value. President Mueller asked Mr. Heniff if research

of Community Development Block Grants had been done.

Mr. Heniff said not to date.

President Mueller said we could do that. He stated that we do not know what the

percentage would be that the Village pays until improvements are done.

Trustee Tross commented that annexation costs the Village substantial monies.

Trustee Koenig arrived at 8:25 PM.

Trustee Tross continued by saying that he does not usually vote in favor of annexations,

as he has voted against three this year, but he would vote in favor of this one. He said

he doesn't understand why a portion of our taxpayers money should be used to pay for

these improvements.

Steven Mevorah, 900 E. Roosevelt, said that he sees no advantage to the annexation

and asked if property owners are surrounded can they be forcibly annexed, and if they

are not surrounded can they be annexed.

Mr. Bayer said properties could be annexed if they are completely surrounded by one or

more municipalities.

Ms. Hung said that she has called trappers and wildlife societies. She said the trapper

caught an animal in a cage and officers came by and asked her why they were trapped

and in a cage and the officers asked her if they could release the animal in the Lagoon.

Ms. Hung asked why, if the animal has caused damage, would it be released at the

Lagoon.

Deputy Police Chief Dane Cuny said he was not familiar with this particular instance, but

sometimes animals are released in an area that is not a threat to any property.

President Mueller said that someone must have called the police with a complaint that

there was an animal trapped in a cage. He said that if the Community Service Officer

came to her home, someone must have called.

Ms. Hung suggested that some animals should be kept in certain areas and not to be

left running around.

Trustee Tross commented that he was Chairman Pro Tem for the Board meeting of

June 5, 2003 due to President Mueller's absence. Trustee Tross said he is glad

President Mueller is back because he does an excellent job, and said the other Board

members are happy that he is back.

Trustee Sebby informed the Board that the Committee met on June 10, 2003. He said

that the Public Works Committee does meet every month in the summer when everyone

else does not. He said at the June 10, 2003 meeting, a lighting supplier was in

attendance and the Committee is trying to establish an overall Village lighting plan that

could come before the Board in late Fall. Trustee Sebby said the public is invited to

attend and add their input. Also discussed was the overhead sewer grant program which

was last revised in November of 1998. He said that the Committee has made

recommendations that would possibly be before the Board in July. He also spoke about

evaluations being made on July 8, 2003 between the whitetopping project on Grace

(Morningside to Madison) versus asphalt.

Trustee Tross stated the that Board of Local Improvements met on June 16, 2003 and

among the items on that agenda was Special Assessment 213, where plats of

dedication are still being secured as there are disputes of right of way. He said he was

hopeful this would wrap up in the Fall. Also approved were payouts for Special

Assessment 216 which would be closing out next month, a small payout for Special

Assessment 217, Lombard Lagoons, an initial engineering proposal for Special

Assessment 218. He said there was some conversation regarding some of the

improvements by Dunteman of Special Assessment 217, that was not subject to the

Special Assessment. He said he was very pleased to announce that the work was done

under budget. He stated that the next meeting would take place on July 17, 2003 at 1:00

PM.

Trustee Tross commented when he was sworn in he mentioned his seven grandchildren

that were out of state. He was very happy to report that the family had moved back, and

said hello to his son-in law who was in the audience.

Trustee DeStephano mentioned that she had gotten a number of calls within the last

couple of months regarding the involuntary annexation. She said when people are telling

her they have to buy bottled water, that concerns her, as this is a public safety issue.

She mentioned that she is very supportive of the annexation.

Trustee DeStephano also said that the residents of her district are pleased that there will

be left turns on Route 53. She said that she appreciated the work the Transportation and

Safety Committee has done addressing the issue. She then mentioned that she would

not object, in deference to Trustee Koenig, of the extension of the banking services, but

she feels that any contract that comes up for renewal should be reviewed, and she has

spoken to staff extensively.

Trustee Soderstrom asked that Item E, regarding Route 53 be moved from the Consent

Agenda.

Trustee Tross commented that he was in favor of the annexation because it is a

water/sewer public safety issue. He also questioned why the agreement for K. Hoving

Recyclers hours of participation at the Recycling Extravaganza were 6:00 AM to 11:00

AM and said their hours should be in sync with the hours of the Recycling Extravaganza.

Trustee DeStephano said that they should be there until 5:00 PM.

Trustee Soderstrom commented on the annexation and said that the motivation for the

annexation is the best interest of those in the area and not for any profit.

Trustee Sebby asked about the Village Ordinance that prohibits any activity of haulers

prior to 7:00 AM. in relation to the haulers for the Extravaganza.

Director of Public Works Stan Rickard responded that the 6:00 AM time would be to set

up the boxes.

Trustee Sebby asked if we are going to allow that.

Mr. Rickard said this will be in the Yorktown Mall parking lot and would not disturb

anyone.

Senior Planner Bill Heniff gave a Power Point presentation which showed the site plan,

and explained that it is the petitioner's wish to convert part of the service station to a

mini-mart. He went over the six conditional uses and variations that are being requested.

Mr. Heniff stated there was no recommendation from the Plan Commission. He said

there were neighborhood concerns regarding stormwater, hours of operation, site

lighting and the number of pumps. He also said that a brick facade was being offered in

place of the original facade.

Peter Zakos, 618 S. Main St., said he has lived next door to the property for thirty years

and has seen many changes over the years. He pointed out that there is a convenience

store across the street. He felt that the lighting would not be good for the neighborhood.

Helen O'Sullivan, 561 S. Main St., said that Lombard is a wonderful place for family life

and she doesn't want it to become like Times Square. She said that Main Street is

getting all of the traffic from new homes. She pointed out that this is near a school and

was concerned about the number of cars and the carbon monoxide in the area. She felt

more accidents would take place due to people pulling out of the bays.

Richard Grabenstein, 566 S. Main St., asked that the 250 foot rule be changed, and said

he was concerned about more traffic in the area since closing Route 53. He also stated

that emergency vehicles will be blowing their sirens and horns because people will be

pulling out. He said a very small amount of gas is being pumped currently and that

would increase as there will be six times more gas pumped. He felt that people in the

area will have to cover their windows at night due to the increased lighting. He

mentioned that previous gas stations at that site were not successful.

Joe Grimes, 25 E. Madison, said that the developer has done a good job and the Village

of Lombard has the opportunity to make a good development. His requests were that

there would be three pumps, lights would need to be dimmed until 12:00 o'clock,

midnight, a brick facade called for in the Ordinance, curbs directed to the northwest

where catch basins are needed, the demand for high quality landscaping and a lot of it.

His major concern was traffic during peak demand times. He felt the north entrance

should be closed and the south entrance should be right-in, right-out. He also asked that

the petitioner be required to clean up the old tires around the property and there should

be no future alcohol sales.

Mr. Dave Diamond, President of DPS Company, a construction development company,

spoke on behalf of the petitioner, Mr. Patel. He thanked Mr. Heniff and staff, as well as

Trustee Soderstrom and the neighbors in the area, for their direction and feedback. He

spoke of a neighborhood meeting that was held on May 12, 2003 at which seventeen

people were in attendance from the area. He said he spoke with neighbors adjacent to

the property for ideas and improvements regarding stormwater, facade, curbs and

gutters and catch basins. He said that the petitioner had reduced the number of pumps

requested from six to three, as the neighborhood did not like four. He agreed to look at

such issues as lighting and signage on the building and canopy. He said one thing to

keep in mind is that at least three pumps would be needed in order do business. He said

that landscaping and fencing is still being considered and the petitioner is willing to work

with the Village.

Mr. Diamond then responded to comments made about more pumps and more fueling.

He said that the petitioner would be using vapor recovery equipment which is not

currently being used and the equipment in place now would need to be upgraded. He

said his client is willing to do this and the Village needs that protection. He said the

subject of the turning radius was brought up at the May 12th meeting. He showed

illustrations from studies that had been done of how transports would be gotten on and

off site. Mr. Diamond said the petitioner would like to get started with the convenience

store even if he has to start with two dispensers, which would tie his hands to be able to

make improvements.

Trustee Soderstrom said he had talked at length to the petitioner, the staff and the

residents about the issues of the hours of operation, building materials, landscaping

and stormwater.

Trustee Tross said the drawings do not show the bays in back or the canopy. He said

this is like trying to put five pounds where one pound belongs. He said he was not

supportive of what went before the Plan Commission. He felt it would be a better idea to

level the building and start fresh.

Trustee Koenig said this sounded like a workshop item rather than a Board item and she

thought it does not seem to be completely thought through.

Trustee Soderstrom said there have been numerous questions asked of him as to what

is going to be done. He said he would be happy to send it back to the Plan Commission,

but he wanted input from his colleagues.

President Mueller stated that this has been tabled numerous times and had to be

discussed.

Trustee Sebby concurred with Trustee Tross about trying to jam a lot into this site. He

said that he understands the residents concerns and there are issues that still need to

be resolved. He said he was concerned about the turning radius being too tight.

Trustee Florey asked how many lights would be on the canopy.

Bill Heniff said there would be eight.

Trustee Florey asked about the canopy height and the building height.

Mr. Heniff responded that the canopy would be fourteen and one half feet and the

building would be sixteen feet.

Trustee Florey was concerned about lights and the projection of the lighting. He asked if

the property would have a storm sewer connection into the Village storm sewer.

Village Engineer Dave Dratnol, responded that if the connection to the storm sewer is

available, direct connection to the storm sewer is allowed.

Trustee Florey said that he can't see cars turning left onto Main from the north entrance

and asked Mr. Heniff what staff was thinking because he was told that staff approved

this.

Mr. Heniff said that this is the current situation and people either go to the Madison

Street side or go to the southern driveway.

Trustee Florey asked if a right-in right-out would be considered.

Mr. Heniff said this would not be a problem demarcating it in that fashion.

Trustee Florey said he would like to see changes as two pumps are all the property can

accommodate, and he could not support this.

President Mueller asked Trustee Tross if there were 6 pumps at one time.

Trustee Tross said there were four pumps on Main Street and two pumps on Madison

with an addition on the back for bays.

Trustee DeStephano said that she liked the brick better than the standard Citgo look,

and talked about three foot candle power versus five foot candle power in regard to

lighting,

Mr. Heniff said that the spill of light must be at 0.5 when it abuts residential properties

and 3.0 at the property line when it is adjacent to commercial property.

Trustee DeStephano would like to see it all with a lower foot candle. She said she has

no problem with the conditional use for outdoor display, but she is concerned about

signage as she was with a previous request for signage at another station.

Mr. Heniff said the Ordinance is incorrect and doesn't address canopy signage. He said

the new plan reduces all wall signs but it is being requested that standard lettering for

Citgo be put on the canopy.

Trustee DeStephano requested a picture of how it would look.

Trustee Soderstrom said that the petitioner has the right to open the station as is with

two pumps and it is in the best interest of the Board and the petitioner to refer the item

back to the Plan Commission to review all of the changes proposed.

Mr. Heniff said the Plan Commission would meet on July 21, 2003 and this would come

back before the Board in August.

President Mueller clarified that there was no information as yet regarding Item D, an

Ordinance providing for the limitations on financial assistance for the DuPage Theatre.

Trustee Sebby said he was concerned about a shell Ordinance coming before the Board

with a request for a waiver of first reading.

President Mueller said that the purpose was to go through the development agreement

so the Board could refer it to the next item on the agenda which is an Ordinance

approving specific items of financial assistance in regard to the Theatre and Shoppes.

Trustee Tross suggested that the person who put it on the agenda, remove it.

President Mueller said that as the Board reviews the agreement, if any of the Trustees

wish to pull any financial issues, it would have to be broken out.

Trustee Florey commented that it should remain on the agenda.

Martin Carroll, 119 N. Main St., stated that he is the Chairman of the DuPage Theatre

Foundation, a not for profit organization. He said the Foundation is very excited to

redevelop the theatre for the arts and has met with fundraisers and grant writers and

has also worked with the Village to submit for a "Save Our Treasures" grant. He said

they have a talented Board consisting of business leaders, accountants, lawyers,

construction management personnel, theater managers,and those that have experience

with not for profits. He said their vision for the theatre is for a cultural arts center and

Community center. He stated that the Board has looked at this from many perspectives

and if the agreement is approved they will work hard to bring this town an arts center

that we can be proud of.

President Mueller explained that they would be referencing a document dated June 18,

2003.

Trustee Florey stated that he wanted the Board to give direction to counsel for changes

to the agreement, and after Mr. Bayer has been able to incorporate the changes made

that evening, it should be brought before a special meeting of the Board possibly next

week.

Trustee Tross wanted it put in the form of a clean document with the changes

incorporated, and he did not wish to go over the document the that evening, as he did

not receive all of the pages.

Mr. Bayer stated that the document incorporates the comments of Mr. Carroll. He said

the document shows the original draft and the draft of Mr. Carroll, which was e-mailed.

Trustee Tross again requested a clean copy.

Trustee Soderstrom stated that the only way to get a clean document is to give Mr.

Bayer the Board's comments. He said that there are some points in the document that

he would like to give counsel direction on.

President Mueller said that this is a very important item for the Village and it needs to

have some discussion. He asked that the Trustees stop conferencing with one another.

He said he would prefer that suggestions should go to Mr. Bayer, since it was just

received the previous night by the Trustees.

Trustee DeStephano said there was a need to move forward and air the issues.

Trustee Tross excused himself from the issue until he sees a clean document, and left

the dais at 10:41 PM.

President Mueller said that he understands the emotion on both sides.

Trustee Sebby thanked Mr. Carroll for coming forward as the first Not for Profit, (NFP)

and asked if another NFP has come forward. He said that the Board seemed to be

moving forward with this NFP, and asked where he missed selecting this group.

President Mueller said that no one has come forward to date. He said this document is

stating that this organization is coming forward for the Board's approval, but first the

document needs to be in order. He reminded the Trustee's that they each have a vote.

Trustee Sebby left the dais at 10:45 PM.

Trustee Soderstrom said he will accept the document as a whole, with exceptions to

Section III-A-1, c and d, pertaining to Undertakings on the Part of the Village, in regard

to $1M of incremental revenue from the TIF, and Section III-B also be struck. He said

that without State money, we are not at a level to be able to start and he will not support

this if there is only TIF dollars, and he would not open the checkbook of the Village. He

said he wants this to succeed but there is not enough dollars there as of yet. He also

wished to strike in Section IV-C, the last sentence in regard to the time or times of

performance of the obligations of the parties shall be extended for the period of the

delay. He said this is a loophole that could mess with the entire timeline as it deals with

defaults. He also asked that Section V-B regarding economic assistance of the Village

be considered with the Ordinance providing for the limitations on Financial assistance.

Lastly he asked that an area of Section VII, starting with "provided, however, " be

stricken.

President Mueller confirmed the changes that Trustee Soderstrom requested.

Mr. Bayer said that Section V needs to remain as it related to the TIF.

Trustee Soderstrom waived his request that Section V-B, be removed.

Trustee Florey asked for clarification of an item regarding indemnification.

Mr. Bayer suggested removing the word negligent and gave the scenario if the Village is

dragged into a lawsuit because of something the NFP has done, the NFP needs to

defend the Village.

Trustee Florey accepted the changes by Mr. Bayer and Mr. Carroll.

Mr. Bayer asked for direction regarding Section II-A regarding funds directly received by

the NFP. He said the added language would exempt the NFP from complying with

Exhibit 6, the financial management, purchasing and accounting requirements of the

Village of direct donations to the NFP.

Trustee Florey said that Exhibit 6 seems much more restrictive.

Mr. Flood said he would have to review the exhibits specifically, and possibly handling

the funds two separate ways would create administrative problems.

Trustee Florey said he would like to hear how their funds and accounts are

Mr. Flood said financial records would need to be kept in order to maintain

accountability.

Mr. Bayer sated that records would have to be kept to certain standards so we would

know where the money is being spent.

Trustee Koenig commented that the spending needs to be recorded.

Mr Bayer suggested that Mr. Flood and Mr. Carroll discuss this issue as it is a financial

issued and not a legal issue at this point.

Mr. Bayer then went on to discuss Section II, I in regard to insurance requirements. He

said that the NFP would need to maintain their own insurance and some additional

language should be added. He asked if the Board concurred with the limits of the

policies and said that the Village should consult with our insurance consultants as the

same limits should be required from the NFP.

Trustee DeStephano commented that some insurance carriers do not understand

insuring theaters.

Mr. Bayer said that general liability is not the issue, it's what is the value of this building

in regard to fire damage and/or casualty loss.

President Mueller directed Mr. Flood to investigate this.

Mr. Bayer stated that Section III-A-1,d, was being deleted in regard to the repair of the

parking lot, as the Village is not giving parking lot revenue to the NFP, at Trustee

Soderstrom's direction, therefore there needs to be no reserve fund for repairs.

Trustee DeStephano asked if it would be put in the financial ordinance.

Mr. Bayer said it was his understanding that it was being deleted, but if the Board

wanted to put it back, he suggested to go back to the way it was written in the original

draft, where the Village would give net revenues not gross revenues with the Village

retaining money for repair of our parking lot.

Trustee DeStephano asked if it would be put back into the financial document.

Mr. Bayer said that it could, but suggested not putting it in the format that the NFP

requested, in which all of the revenue would go to the NFP and they would and do

repairs on the lot. Mr. Bayer felt that the Village should maintain the lot because it needs

to be kept in good condition because it is used for commuters.

Trustee DeStephano said that would be fine as long as the amount held in reserve could

be reviewed to ensure it is a reasonable amount.

Trustee Florey said there is no reasonableness standard called for and would have to

be added.

Mr. Bayer said that it could be determined what is reasonable and the NFP would be

given net revenues not gross revenues.

Trustee Koenig commented that she liked that idea a lot better as the Village has a

better ability to maintain the lot.

President Mueller said that as long as the lot is used for commuters, the Village should

have the responsibility of repairs so there are no liability issues.

Mr. Bayer clarified Section III-D-4, that the Village shall allow the NFP and it's tenants,

guests, invitees, and employees to have use to conduct it's activities. He said he wished

to remind the Board that if they commit the south parcel, which is the parcel that

Request for Proposals (RFP) were solicited, we would not be able to develop it as this is

written, and it would be committed for parking.

After requests for clarification, Mr. Bayer said that we are committing the south parcel to

parking and we had RFP's out for redevelopment.

Trustee Florey stated that the Board has expressed it's desire that the proceeds of the

redevelopment of the south parcel are to go towards the DuPage Theatre restoration.

Mr. Bayer said that the NFP could use the parking lot to the extent that the Village does

not redevelop it for other than parking purposes.

President Mueller stated that this covers only the current parking lot and we need

wording that reflects where there is existing parking, there will be parking.

Mr. Bayer confirmed the wording of the entire south parcel.

Trustee DeStephano, confirmed it to include ninety three spaces.

President Mueller asked if a Special Meeting of the Board of Trustees would be better

for the Trustees on June 24th or 25th.

There was consensus of the Board that the Special Board meeting be held on

Wednesday, June 25, 2003 at 7:30 PM at which time the prepared documents would be

available.

Mr. Heniff stated that there was a meeting of the Zoning Board of Appeals (ZBA) in the

Board room on the evening of the 25th, but it could be moved to the Community Room.

President Mueller asked Mr. Heniff to move the location of the ZBA to the Community

Room.

Trustee Koenig commented that if any of the Trustees had comments, tonight's meeting

was their chance to bring them forward.

Trustee Florey asked that the financial items be moved to a prepared Ordinance.

Trustee DeStephano asked to include the clause relative to net proceeds.

Trustee Soderstrom said that he had taken this off of the Consent Agenda at the

recommendation of the Transportation and Safety Committee. He mentioned that Mr.

Lichter, Technical Services Supervisor John Johnson and himself had spoken with

Township Highway Commissioner, Dick Schroeder. The request was to open Charles

Lane with full access in conjunction with the immediate reopening and full access of

Madison while concurrently asking Mr. Schroeder to do the same. He said that Mr.

Schroeder will not give full access at Madison until such time that full improvements are

made to Charles Lane by the Village. He said that he doesn't want the Village to open

Charles Lane and the Highway Commissioner refuse to open Madison because the

Village does not have the money to improve Charles Lane.

Trustee Tross suggested that the Board defer passage of this Ordinance. He said that

years ago, the Highway Commissioner passed an Ordinance but did not follow it, by

opening Madison. He said that we should open Charles Lane and it is not fair that the

Village dump money into a street that should be a Special Assessment. He stated that

not only is Charles Lane unsafe, so is Madison and he feels that all due political

pressure and reasonableness on behalf of everyone, be directed to the Road

Commissioner. He said the Village should look at potential annexations so we can take

over the right of way.

Trustee DeStephano stated that this is quite an inconvenience for the residents. She

stated that these streets were open before and unimproved, and asked what the

chances are that this is negotiable.

Trustee Soderstrom said this is not negotiable.

President Mueller said that this is less negotiable after some of the comments that were

made here. He said that the Village initially asked to close turns on Madison.

Trustee DeStephano stated the Board gave direction not to take action immediately, and

suddenly signs went up. She said it was to be closed in conjunction with the

improvement of Route 53.

President Mueller said that direction was given to IDOT and in conversation with Mr.

Schroeder, he thinks signalization should be at Harrison. President Mueller said that we

have bounced this issue around for two years and Mr. Schroeder may be frustrated.

Trustee Soderstrom said the he knows Trustee DeStephano did not support it, but the

Board passed a motion to close Charles Lane in conjunction with the Township closing

Madison and Harding. He said that Mr. Schroeder reacted to our request, now we are

reversing our position, and Mr. Schroeder does not want all the traffic on Madison.

President Mueller said it is being requested that a letter be sent to IDOT to extend the

improvements to the south limits.

Trustee Soderstrom said that it is the Committee's recommendation that a letter be sent

to IDOT to propose that Route 53 expansion be continued past St. Charles Road to the

southern Village limits.

Trustee Koenig said she was concerned about a bottleneck.

Trustee Soderstrom agreed.

Trustee Tross concurred with the recommendation with highlighting at Madison, and

suggested that the Board authorize police powers at such time as any agreement can

be reached with the Township Highway Commissioner relative to the Madison and

Charles Lane issues. He said he doesn't want this to be delayed until the second Board

Meeting of September.

Trustee DeStephano said she does not support five lanes down to the south end of

town, and she does want to continue discussion with Mr. Schroeder.