Village of Lombard Legistar System

Thursday, June 15, 2006

7:30 PM

Village of Lombard

Village Hall

255 East Wilson Ave.

Lombard, IL 60148

villageoflombard.org

Board Room - Village Hall

Village Board

Meeting Minutes

Village Board

Meeting Minutes

June 15, 2006

Call to Order and Pledge of Allegiance

President William J. Mueller called to order the Regular Meeting of June 15, 2006 at

7:30 p.m. The Pledge of Allegiance was led by Village Clerk Brigitte O'Brien.

Roll Call

Village President Willliam J. Mueller, Trustee Greg Gron, Trustee Richard J.

Tross, Trustee Steven Sebby, Trustee Kenneth M. Florey, Trustee Rick

Soderstrom and Village Clerk Brigitte O'Brien

Present:

Trustee John O'Brien

Absent:

Quorum Present

Appointed Officials present:

Acting Village Manager/Finance Director Len Flood

Village Attorney Thomas P. Bayer

Assistant Village Attorney George Wagner

Senior Planner Bill Heniff

Deputy Chief of Police Pat Rollins

Fire Chief Ed Seagraves

Director of Public Works Wes Anderson

Records Clerk Diane Jantelezio

President Mueller extended the best wishes of the Board to Trustee Jack O'Brien in

regard to his recent illness.

Village Clerk O'Brien indicated that Trustee O'Brien would be starting therapy on Friday

and he appreciates the cards and calls he has received.

III

Public Hearings

None

Public Participation

060342

* Proclamation - White Sox Day

A Proclamation was read by Clerk O'Brien in honor of White Sox day in the Village of

Lombard, June 22, 2006. It was stated that the White Sox won the World Series

Championship in 2005 and the trophy would be on display at Lombard Village Hall

Community Room on June 22, 2006 from 11:00 a.m. until 2:00 p.m.

060331

Presentation - Medal of Excellence Award

A Presentation of a Medal of Excellence Award was made to Lucas Olson in recognition

of his kindness and self-giving to others, truly representing a citizen of good character.

The presentation was made by Pam Bedard and Gerri Kuehl of the Community

Relations Committee.

060317

Proclamation - National University of Health Sciences Anniversary

A Proclamation was read by Clerk O'Brien proclaiming the month of June, 2006 as

National University of Health Sciences month.

President Mueller presented the Proclamation to Dr. Jim Winterstein, President of

National University of Health Sciences and said he was proud to have National

University in our Community.

Dr. Winterstein talked about the upcoming homecoming week which would be attended

by people from all over the world. He discussed briefly the plan to renovate the

dormitories.

060316

Presentation - Kiwanis Club

A Presentation was made by Sue Friend, Past President of the Kiwanis Club, to

Battalion Chief Mike Kalina. The presentation was a check in the amount of $400.00 to

help fund the Trauma Teddy Program.

Batallion Chief Kalina thanked Ms. Friend for the check, the Kiwanis for their ongoing

support of the program and briefly explained the program.

Ms. Friend then talked the upcoming second annual Housewalk on June 23, 2006. She

said three hundred and fifty people were in attendance in 2005 and $7,000 was returned

to the Community. It was mentioned that there would be a reception at Lilacia Park

between 2:30 and 4:30 to meet the homeowners as well as the builders of the homes

featured in the Housewalk.

President Mueller spoke of the Law Enforcement Torch Run, an annual program of law

enforcement agencies to support the Special Olympics. He thanked Police Officer

Garett Klunk and the residents that helped raise over $8,000, which was double the

amount raised last year.

President Mueller spoke of the retirement of Officer Rich Spika, after thirty years of

service to the community. He wished Spika the best. He also mentioned that another

officer would be retiring soon, Officer O'Meara who was shot last year responding to a

retail theft, and would be taking disability leave. He also thanked him for his service to

the community.

President Mueller spoke of a breakfast that was held that morning in honor of the first

anniversary of the Health Center in Lombard. He thanked the Elmhurst Health Care

facility for choosing Lombard for their facility and stated that at the end of their first year

in the community they have reached their third year goal.

President Mueller mentioned several upcoming events that would be taking place, such

as the White Sox Trophy being displayed at Village Hall on June 22, 2006, there will be

a $10 donation to have a picture taken with the trophy to raise funds for charities and the

Relay for Life Event to be held on June 23, and 24, 2006, which will be the first time this

will take place in Lombard.

Trustee Florey arrived at 7:55 p.m.

President Mueller mentioned that Culver's Restaurant donated 10% of food sales from

5:00 p.m. to 8:00 p.m. on June 14, 2006 to Relay For Life. He talked about the family

parade to take place on the fourth of July which will start at Noon on July 4, 2006 and

also the Taste of Lombard which will begin July 30, 2006 and run through July 4, 2006

with fireworks to be held that evening. President Mueller informed residents of a Special

Meeting to be held on June 21, 2006 at 7:00 p.m. to discuss the DuPage Theatre.

Approval of Minutes

It was moved by Trustee Gron, seconded by Trustee Tross, to approve the

minutes of the Regular Meeting of the President and Board of Trustees of May 18,

2006 and June 1, 2006. The motion carried by the following vote:

Aye:

Trustee Greg Gron, Trustee Richard J. Tross, Trustee Steven Sebby,

Trustee Kenneth M. Florey and Trustee Rick Soderstrom

5 -

Absent:

Trustee John O'Brien

1 -

Committee Reports

Community Relations Committee-Trustee Jack O'Brien, Chairperson

The Committee had not met since the last Board meeting.

The next meeting would be June 19, 2006.

Economic/Community Development Committee-Trustee Rick Soderstrom,

Chairperson

Trustee Soderstrom stated that the Committee had not met on June 6, 2006, but there

was a phone poll conducted regarding one item.

He said there would be no meeting on July 4th.

Environmental Concerns Committee-Trustee Greg Gron, Chairperson

Trustee Gron indicated that the Committee had not met since the last Board meeting.

The next meeting would be June 27, 2006.

Finance Committee-Trustee Kenneth Florey, Chairperson

Trustee Florey commented that the Committee had not met since the last Board meeting

and they were on call during the summer months.

President Mueller extended his congratulations to Trustee Florey's son Patrick, in regard

to the T-Ball All Star game.

Public Works Committee-Trustee Richard J. Tross, Chairperson

Trustee Tross reported that the Committee met on June 13, 2006 at which time two

change orders were approved as well as a review of the grind and overlay program.

Trustee Tross also spoke of a review of railroad right of way relative to public right of

way improvements at dead end streets. He said that the Public Works Committee

wanted to be aware of what is going on in our public right of ways.

He indicated that at the next regular Board meeting, there would be a recommendation

from Public Works to request bids and proposals for the redesign of Main between

Wilson and Central around Glenbard East High School which would make Main Street

safer and more efficient from Wilson to Roosevelt.

The next meeting would be July 11, 2006.

Transportation & Safety Committee-Trustee Steven Sebby, Chairperson

Trustee Sebby stated that the Committee has not met since the last Board meeting and

the July 3, 2006 meeting had been rescheduled to July 10, 2006. At that time, the

shrubbery issue relative to railroad safety at Chase, Ahrens, Highland and Westmore

will be discussed, with a recommendation at the August Board of Trustees meeting.

The next meeting would be July 3, 2006.

Board of Local Improvements-Trustee Richard J. Tross, President

Trustee Tross indicated that BOLI met on July 8, 2006 with a final payout to Dunteman

for Special Assessment 213B, a payout for Special Assessment 218B and a payout to

Klein, Thorpe and Jenkins regarding the issuance of the first voucher regarding Special

Assessment 219. He spoke of the underground sanitary work for Special Assessment

219 and explained that those lines are over thirty years old and have severed in many

places, therefore, the contractor is reluctant and hesitant to dig any farther than twenty

four feet. He said that internal staff engineers as well as outside engineers think it is best

to move to the west side for excavation and placement of the sewer. He indicated that

BOLI recommended following the engineers' recommendation.

Trustee Tross stated there would not be a meeting until August, unless it was

necessary.

Community Promotion & Tourism Committee-President William J. Mueller,

Chairperson

President Mueller indicated that the Committee had met that afternoon and he would

have a report at the next Board meeting.

President Mueller mentioned the website for the Relay For Life event, which was

www. acsevents.org/relay/il/addison.

VII

Village Manager/Village Board Comments

It was mentioned that Item AA on the Consent Agenda, for an extension of a temporary

special event permit for Dick's Sporting Goods, should read for the period of June 22 to

July 6, 2006, not 2005.

VIII

Consent Agenda

060314

A. Approval of Village Payroll

Approval of the Village Payroll for the period ending May 27, 2006 in the amount of

$727,014.20.

This Matter was approved on the Consent Agenda.

060315

B. Approval of Village Payroll

Approval of the Village Payroll for the period ending June 2, 2006 in the amount of

$361,703.77.

This Matter was approved on the Consent Agenda.

060329

C. Approval of Accounts Payable

Approval of the Accounts Payable for the period ending June 9, 2006 in the amount of

$321,514.07.

This Matter was approved on the Consent Agenda.

*D. ZBA 06-07: 429 S. Craig Place (Moved to IX-B)

060272

E. ZBA 06-08: 512 S. Craig Place (Waiver of First Requested)

Requests approval of a variation to Section 155.406 (H) to reduce the amount of open

space on the subject property to 47.1 percent where a minimum of 50 percent open

space is required, to allow for the construction of a deck within the R2 Single Family

Residential District. The petitioner is requesting a waiver of first reading. (DISTRICT

#5)

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

suspension of the rules on the Consent Agenda.

060273

F. ZBA 06-09: 332 South Martha Court (Waiver of First Requested)

Requests approval of a variation to Section 155.406 (F)(4) to reduce the rear yard

setback to twenty-one feet (21') where thirty-five feet (35') is required to allow for the

construction of an addition within the R2 Single Family Residential District. The

petitioner is requesting a waiver of first reading. (DISTRICT #5)

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

suspension of the rules on the Consent Agenda.

060222

G. Recommendation of Transportation and Safety Committee - Elizabeth &

Edward

Resident request for a four-way stop at the intersection of Elizabeth Street and Edward

Street.

This Matter was denied in concurrance with recommendation of the Plan

Commission on the Consent Agenda.

060209

H. 14 W. St. Charles Road - Downtown Restaurant Forgivable Loan (Resolution)

(Tabled May 18, 2006)

Resolution approving a Downtown Restaurant Forgivable Loan in an amount not to

exceed $100,000 for the property located at 14 W. St. Charles Road. (DISTRICT #1)

This Matter was approved on the Consent Agenda.

060210

I. 14 W. St. Charles Road - Downtown Improvement & Renovation Grant (Waiver

of First Requested) (Tabled May 18, 2006)

A request to approve a Downtown Improvement & Renovation Grant in the amount of

$50,000 for the property located at 14 W. St. Charles Road. Staff is requesting a waiver

of first reading. (DISTRICT #1)

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

suspension of the rules on the Consent Agenda.

060321

J. Sale of Surplus Village Property - Concrete Saw (Waiver of First Requested)

Ordinance declaring one concrete saw as surplus and authorizing its trade-in in the

amount of $750.00 to be applied toward the purchase of a new saw. Staff is requesting

a waiver of first reading.

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

suspension of the rules on the Consent Agenda.

060324

K. Salary Ordinance (Waiver of First Requested)

Ordinance amending Ordinance 5865 setting rates of pay for Village of Lombard

employees. Staff is requesting a waiver of first reading.

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

suspension of the rules on the Consent Agenda.

060327

L. Solid Waste Ordinance (Waiver of First Requested)

Ordinance amending Title 9, Chapter 92, Section 92.17 of the Lombard Village Code

with regard to refuse and landscape waste disposal fees. Staff is requesting a waiver of

first.

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

suspension of the rules on the Consent Agenda.

060307

M. South Broadway Improvements Change Order #1 (Resolution)

Resolution authorizing Change Order No. 1 to the contract with MQ Construction

Company reflecting an increase of $79,036.12 for construction services associated with

the South Broadway (Chase to Westmore) project. (DISTRICT #5)

This Matter was adopted on the Consent Agenda.

060318

N. South Booster Station Design Engineering (Resolution)

Resolution authorizing an Agreement with Christopher B. Burke Engineering, Ltd. in the

amount of $169,105.60 for design engineering services related to the South Booster

Station project.

This Matter was adopted on the Consent Agenda.

060333

O. Street Lighting Maintenance Contract - Change Order #1 (Resolution)

Resolution authorizing Change Order #1 with Meade Electric, Co. in the amount of

$95,450.55 for additional repairs to the Street Lighting System.

This Matter was adopted on the Consent Agenda.

060326

P. 300 S. Main Street (2 Resolutions)

1. Resolution authorizing signatures of the Village President and Clerk on an

Authorization, Acknowledgment and Indemnification for Ground Penetration and

Remediation Work and Temporary Access Agreement.

2. Resolution authorizing signatures of the Village President and Clerk on a Highway

Authority Agreement. (DISTRICT #1)

This Matter was adopted on the Consent Agenda.

060293

Q. 130-132 W. St. Charles Road - Downtown Retail Business Grant (A La Mode

Ice Cream Shop) (Resolution)

Resolution authorizing signatures of the Village Manager and Director of Community

Development on an Agreement authorizing the disbursement of funds from the

Downtown Retail Business Grant Progam in an amount not to exceed $20,000.

(DISTRICT #1)

This Matter was approved on the Consent Agenda.

060283

R. Ordinance Amending Village Code - E J Riley's (Ordinance on Second

Reading)

Ordinance amending Title 11, Chapter 112, Section 112.13 of the Lombard Village Code

reflecting a change in Class "A/B II" liquor licenses due to the closure of E J Rileys, 201

E. Roosevelt Road. (DISTRICT #2)

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

060320

S. One 2007 Sign Truck (Waiver of First Requested)

Award of a contract to Northwest Ford, the lowest responsible bid of two bidders, in the

amount of $61,394.00 for the purchase of a 2007 Sign Truck; and a request for approval

of an ordinance authorizing the sale and/or disposal of TS335. Staff is requesting a

waiver of first. Bid in compliance with Public Act 85-1295.

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

suspension of the rules on the Consent Agenda.

060322

T. Annual HVAC Maintenance Contract

Award of a contract to KCW Environmental Conditioning, Inc., the lowest responsible bid

of four bidders, in the amount of $30,456.00 for the HVAC Maintenance Contract. Bid in

compliance with Public Act 85-1295.

This Matter was approved on the Consent Agenda.

060325

U. FY 2007 Preservative Surface Treatment (Waiver of Bids)

Request for a waiver of bids and award of a contract to CAM, LLC in the amount of

$70,000.00 for the FY 2007 Preservative Surface Treatment project. Public Act 85-1295

does not apply.

This Matter was approved on the Consent Agenda.

060328

V. Water Meters (Waiver of Bids)

Request a waiver of bids and award of a contract to National Waterworks, the sole

supplier, for the purchase of water meters and accessories in a not-to-exceed amount of

$62,120.00. Public Act 85-1295 does not apply.

This Matter was approved on the Consent Agenda.

060330

W. Landscaping Services Contract (Waiver of Bids)

Request for a waiver of bids and award of a contract to Green Horizon, Inc. in the

amount of $109,910.00 for specialty landscaping maintenance, grass and weed mowing

and miscellaneous planting needs. Public Act 85-1295 does not apply.

This Matter was approved on the Consent Agenda.

060319

X. Madison Meadow - Taste of Lombard

Motion to approve an extension of a Temporary Special Event Permit for the Taste of

Lombard for the period from June 30 through July 4. (DISTRICT #6)

This Matter was approved on the Consent Agenda.

060323

Y. PC 05-08: 350 E. North Avenue

Motion approving The Overlook on North Plat of Subdivision for the property located at

350 E. North Avenue. (DISTRICT #4)

This Matter was approved on the Consent Agenda.

060341

*Z. Two Ford Crown Victoria Police Vehicles (Waiver of Bids)

Request for a waiver of bids and award of a contract to Landmark Ford of Springfield in

the amount of $40,166.00 in conjunction with the State contract for the purchase of two

Crown Victoria squad cars. Public Act 85-1295 does not apply.

This Matter was approved on the Consent Agenda.

060352

*AA. 810 E. Butterfield Road - Dick's Sporting Goods Special Event

Motion granting an extension of a temporary special event permit for Dick's Sporting

Goods for the period from June 22 to July 6, 2005. (DISTRICT #3)

This Matter was approved on the Consent Agenda.

Passed The Consent Agenda

It was moved by Trustee Florey, seconded by Trustee Soderstrom, to suspend the

rules, waive first reading and pass on second reading, waive competitive bidding

and award contracts approve and adopt resolutions as needed for the following

items and as read by the Clerk on the Consent Agenda. The motion carried.

Agenda Items for Separate Action

050649

A. Ordinance Amending Title 3 - Historical Commission (Ordinance on First

Reading) (Tabled May 18, 2006)

Ordinance exempting Village-owned property and buildings from the Historical

Commission's alteration/demolition review requirement.

Trustee Sebby indicated that in light of the recent court hearing and after consultation

with Village Attorney, Mr. Bayer, he believed it would serve the best interest of the

community to remove this item from the agenda and keep it on the back burner.

Trustee Tross said he had no objection and referred to the June 13, 2006 letter from the

Historical Commission (see attached), in the interest of harmony with the Historical

Society, he suggested reviewing the steps that the corporate authorities expect from the

Historical Society to remedy the problems that have arisen in the past.

President Mueller indicated that the Historical Commission has started to work on this

internally and staff is reviewing the State ordinance.

Rita Schneider of the Historical Commission asked to read the letter of June 13, 2006

into the record.

President Mueller pointed out that any changes have to be approved by the Board of

Trustees and the Board has the final say. He stressed the importance of working

together.

Trustee Sebby indicated the two main reasons for tabling this issue was the ruling of the

appellate court and out of respect for the Historical Commission. He commented that

this should be made to work through joint collaboration and indicated that the past

lawsuit by the Village's own Commission was beyond frivolous.

withdrawn This matter was withdrawn.

060198

*B. ZBA 06-07: 429 S. Craig Place (Moved from VIII-D)

Requests approval of a variation to Section 155.406 (H) to reduce the amount of open

space on the subject property to 44.5 percent where a minimum of 50 percent open

space is required, to allow for the construction of a detached garage and driveway within

the R2 Single Family Residential District. (DISTRICT #5)

Mr. Heniff indicated that the petitioner had prepared a further refinement of the plans.

Trustee Florey commented that if this came before the Board again, it would not be until

August which would affect construction.

It was moved by Trustee Florey, seconded by Trustee Tross, that this matter be

waived of first reading and passed on second reading under suspension of the

rules on the consent agenda to approve a variation to reduce the required open

space on a lot from fifty (50) percent to forty-nine and two tenths (49.2) percent

for the property located at 429 S. Craig Place. The motion carried by the following

vote:

Aye:

Trustee Greg Gron, Trustee Richard J. Tross, Trustee Steven Sebby,

Trustee Kenneth M. Florey and Trustee Rick Soderstrom

5 -

Absent:

Trustee John O'Brien

1 -

Agenda Items for Discussion

None

Mr. Bayer gave a brief report on the recent appellate ruling which said the plaintiffs of

the case had standing to bring the case, but the Theatre had not had proper

designation, therefore, the six month wait period would not be granted.

Trustee Sebby voiced his concern regarding the cost to the Village that had been

incurred by this issue. He mentioned that in England, losers of a lawsuit have to pay

costs, and if that were the case in the United States, a strong message would be sent

and possibly lawsuits of this type could be stemmed.

Executive Session

None

XII

Adjournment

It was moved by Trustee Florey, seconded by Trustee Gron, to adjourn the

Regular meeting of the President and Board of Trustees of June 15, 2006 at 8:45

p.m. The motion carried by the following vote:

Aye:

Trustee Greg Gron, Trustee Richard J. Tross, Trustee Steven Sebby,

Trustee Kenneth M. Florey and Trustee Rick Soderstrom

5 -

Absent:

Trustee John O'Brien

1 -

___________________________________

William J. Mueller, Village President

ATTEST:

___________________________________

Brigitte O'Brien, Village Clerk