Thursday, November 16, 2000
7:30 PM
Village of Lombard
Board Room - Village Hall
Village Board of Trustees
Meeting Minutes
Village Board of Trustees
Meeting Minutes
November 16, 2000
REGULAR MEETING - NOVEMBER 16, 2000 - 7:30 p.m.
Village President Willliam J. Mueller, Village Clerk Lorraine G. Gerhardt, Trustee |
Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven Sebby, Trustee |
Kenneth M. Florey and Trustee Paul Kufrin Jr. |
Present:
Trustee David N. Schaffer
Absent:
BOARD ROOM
Broadcast on Cable TV Channel 6
I
Call to Order and Pledge of Allegiance
The Regular Meeting of the President and the Board of Trustees of November 16, 2000 |
was called to order by President Mueller at 7:36 p.m. in the Board Room of Village Hall. |
The Pledge of Allegiance and presentation of colors by St. Pius Webelo Scout Pack |
140. President Mueller along with Trustee Kufrin presented to the Webelos a certificate |
of participation. |
II
Roll Call
Upon Roll Call by Village Clerk Gerhardt, the following were Present: |
President Mueller, Trustees Borgatell, Tross, Sebby, Florey, and Kufrin, Jr. |
Appointed Officials Present: |
Administrative Assistant Ellen Balsamo |
Village Attorney Thomas P. Bayer |
Village Attorney Simone Beutet |
Director of Community Development David Hulseberg |
Director of Finance Len Flood |
Deputy Chief of Police Van Dillenkoffer |
Assistant Director of Public Works John Burg |
Village Engineer David Dratnol |
Deputy Village Clerk Barbara Johnson |
Records Clerk Diane Mucha |
III
Public Hearings
000511
President Mueller convened the Public Hearing at 7:40 p.m. and turned it over to |
Attorney Tom Bayer. Mr. Bayer explained the legal requirements regarding the proposed |
Annexation Agreement for the property at 411 E. 17th St. He asked that any who wish to |
speak, step to the podium. There being no one to speak for or against the matter, the |
hearing was adjourned at 7:42 p.m. |
Enactment No: Public Hearing 411 E |
000652
President Mueller convened the Public Hearing at 7:42 p.m. and turned it over to Village |
Attorney Thomas Bayer. Mr. Bayer reviewed the need for a Public Hearing to hear |
testimony both for or against the issuance of $26,770,000.00 multi-family refunding |
revenue Bonds for Clover Creek Apartment project. He asked that any who wish to |
speak, step to the podium. There being no being no one to speak for or against the |
matter, the hearing was adjourned at 7:45 p.m. |
Enactment No: Clover Creek Apartme |
IV
Public Participation
Members of the Public Who Spoke
Greg Yangas, 136 W. LeMoyne, a former Village of Lombard Trustee from District One, |
spoke about the new sidewalks in Northwest Lombard and expressed his thanks to the |
Board. He also requested the Board's help in regard to the loud pounding coming from |
Olson International, at 50 W. North Avenue, which is very disturbing to the residents in |
the area. He proceeded to read a statement he had prepared (attached). |
Mr. Yangas stated Olson International is creating extreme noise on the third shift. Some |
nights the noise feels like it's in the residents back yards. In warm weather, the sound is |
magnified as Olson opens their overhead doors and skylight for ventilation. He is aware |
the area is zoned for light industrial business, and feels this machinery should be in |
another location. He is concerned with the adverse effect on the property value due to |
this noise. |
Chris Rood, 130 W. Lemoyne, a resident of Lombard for 36 years, also spoke in regard |
to the noise at Olson International. He stressed his annoyance with the noise generated |
by this company and shared with the Board that his family can actually feel the pounding |
of the machinery which at times causes the furniture to vibrate. He has had police |
officers at his home at which time the officers addressed this concern with Olson |
International. He stated that there are 3 machines in particular that are making the most |
noise. When the machine was brought into the factory, traffic on North Avenue had to be |
closed off due to the size of the machinery. He stated this noise continues 7 days a |
week. He said that many residents are extremely frustrated with the situation. He has |
called 911on numerous occasions, at which time the noise stops for 10 minutes until the |
police officers leave the area. |
Director of Community Development, David Hulseberg, said that a letter had been sent |
to Olson International asking specific details to remedy the situation. Monday he will |
receive the report and follow up will be done. |
Deputy Chief of Police, Van Dillenkoffer, agreed this has been going on for a long time, |
Olson International does not stop the noise. |
Trustee Tross questioned if the noise levels were set according to State Statutes and if |
the firm has been cited. |
Deputy Chief Dillenkoffer stated that we adopted EPA standards, but doesn't know if the |
equipment measures correctly because of the many variations of decibel levels. |
Trustee Borgatell stated the Company may not be violating a noise ordinance, but it is |
an aggravating nuisance factor. He stated houses were in area before factories. |
President Mueller invited residents to call Community Development if they have any |
concerns of this nature and the matter will be followed up by that department. |
000662
Enactment No: Swearing-in of Three |
000663
Enactment No: StormReady Accredita |
000664
Enactment No: American Education W |
V
Approval of Minutes
It was moved by Trustee Tross, seconded by Trustee Florey, that the minutes of |
the Regular Meeting of October 19, 2000 be approved. The motion carried by the |
following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven Sebby |
and Trustee Kenneth M. Florey |
4 -
Absent:
Trustee David N. Schaffer
1 -
It was moved by Trustee Borgatell, seconded by Trustee Tross, that the minutes |
of the Regular Meeting of November 2, 2000 be approved. The motion carried by |
the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven |
Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
5 -
Absent:
Trustee David N. Schaffer
1 -
VI
Committee Reports
Economic/Community Development Committee - Trustee Paul Kufrin, |
Jr., Chairperson |
Trustee Paul Kufrin, Jr. stated there was no meeting in November. The next meeting will |
take place on December 5, 2000. |
Environmental Concerns Committee - Trustee Kenneth M. Florey, |
Chairperson |
Trustee Florey reported there had not been a meeting since the last Board meeting and |
the November meeting has been cancelled. |
Finance Committee - Trustee David N. Schaffer, Chairperson
In Trustee Schaffer's absence, Finance Director Len Flood indicated there was no |
report, but the next meeting will be November 20, 2000. Topics to be discussed at that |
meeting are the 2000 Property Tax Levy and the 2001 Insurance Program. |
DuPage County Community Development Commission - Trustee |
David N. Schaffer, Lombard Representative |
No report.
Legislative Review Committee - Trustee Ralph F. Borgatell, |
Chairperson |
Trustee Borgatell reported on the last meeting in which Senator Roskam was in |
attendance. The next meeting will be December 4, 2000. At the January meeting, the |
President of the DuPage County Board, Robert Schillerstrom will be present |
Public Works Committee - Trustee Steven D. Sebby, Chairperson
Trustee Sebby informed the Board that at the last meeting of November 14, 2000, two |
major items were discussed. The Fiscal Capital Improvement Program had several |
items to be reviewed and expedited to an earlier date. Also discussed was the matter of |
pond fences. The next meeting is December 12, 2000 at which time Lombard Road will |
be discussed. |
Transportation & Safety Committee - Trustee Richard J. Tross, |
Chairperson |
Trustee Tross stated that at the last meeting, several of tonight's agenda items were |
discussed along with a discussion of Traffic Control at various locations such as, |
2. Sunset & Ridge, monitoring will continue |
3. Collen drive, monitoring will continue |
Also an alternative to the original proposal regarding Lombard Road is on tonight's |
agenda. |
Community Promotion & Tourism Committee - Trustee Richard J. |
Tross, Chairperson |
Trustee Tross informed the Board there are two grant recommendations on tonight's |
agenda. The first one is for DLU grant $1,500.00 for costs associated with Santa Comes |
To Town, and a grant to the Maple Street Chapel for costs associated with the |
2000/2001 Concert Series. The Lilac parade Committee will meet on December 21, |
2000 |
DuPage Convention & Visitors' Bureau - Trustee Richard J. Tross, |
Lombard Representative |
Village Clerk/President of Board of Local Improvements - Lorraine G. |
Gerhardt |
Clerk Gerhardt stated that at the meeting of November 15, 2000, numerous items were |
addressed such as change orders and payouts for Special Assessments 213, 214, 215 |
and 217 for a grand total of $464,518.00 which will be on tonight's agenda. The next |
meeting is December 6, 2000 at 1:00 p.m. |
VII
Village Manager/Village Board Comments
President Mueller reviewed the issue of Lombard Road. He announced that he had a |
discussion with the Mayor of Addison, Larry Hartwig, regarding the proposed Lombard |
Road improvement. Mayor Hartwig reported that Addison would like to cease any plans |
for the opening of Lombard Road and allow Lombard to take their own direction. |
Trustee Kufrin spoke in regard to the Utility Tax. He asked Finance Director Len Flood |
to review the Lombard income from this tax. Other Trustees felt that this tax should be |
discussed in the budget meeting. Mr. Flood indicated he would have a report of this |
matter for the next Budget Meeting of December 11, 2000. |
VIII
Consent Agenda
It was moved by Trustee Borgatell, seconded by Trustee Sebby, to pass the |
Consent Agenda, to suspend the rules, waive first reading and pass on second |
reading, waive competitive bidding and award contracts approve and adopt |
resolutions as needed for the following items and as read by the Clerk on the |
Consent Agenda. The motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven |
Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
5 -
Absent:
Trustee David N. Schaffer
1 -
000639
This Matter was approved on the Consent Agenda.
000655
This Matter was approved on the Consent Agenda.
000656
This Matter was approved on the Consent Agenda.
000647
This Matter was approved on the Consent Agenda.
Enactment No: Grant Requests |
000640
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 4893 Stop |
000641
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 4894 Stop |
000642
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 4895 Stop |
000649
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 4896 919 N |
000646
A RESOLUTION AUTHORIZING A CHANGE ORDER |
INVOLVING A DECREASE IN THE DOLLAR AMOUNT OF THE CONTRACT OF $10,000 OR |
MORE |
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 66-01 Con |
000650
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 67-01 Lin |
000653
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 68-01 Cha |
000657
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 69-01 Nor |
000658
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 70-01 Fin |
000661
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 71-01 Spe |
000665
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 72-01 Und |
000674
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 73-01 Spe |
000672
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 74-01 22n |
000614
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 4885 816 |
000612
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinances 4886 & 48 |
000651
This Matter was approved on the Consent Agenda.
Enactment No: Safety Software |
000659
Enactment No: Finley Road Watermai |
000648
This Matter was approved on the Consent Agenda.
Enactment No: 536 Columbine (Route |
IX
Agenda Items for Separate Action
000467
Enactment No: Ordinances 4888, 488 |
It was moved by Trustee Tross, seconded by Trustee Florey, that the Ordinance |
authorizing the Execution of an Annexation Agreement for 411 East 17th Street be |
waived of first reading and passed on second reading. The motion carried by the |
following vote: |
Aye:
Village President Willliam J. Mueller, Trustee Ralph Borgatell, Trustee |
Richard J. Tross, Trustee Steven Sebby, Trustee Kenneth M. Florey and |
Trustee Paul Kufrin Jr. |
6 -
Absent:
Trustee David N. Schaffer
1 -
It was moved by Trustee Tross, seconded by Trustee Florey, that the Ordinance |
Annexing and Rezoning the property at 411 East 17th Street be waived of first |
reading and passed on second reading. The motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven |
Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
5 -
Absent:
Trustee David N. Schaffer
1 -
000611
Trustee Florey stated that residents with whom he had spoken had no complaints in |
regard to this usage and they thought it was a good use for the old Kohler's Property. He |
felt things were moving in a positive direction. |
Enactment No: Ordinance 4891 Lomba |
It was moved by Trustee Sebby, seconded by Trustee Florey, that the Ordinance |
requesting amendments to Sections 155.212, 155.415, 155.417 and 155.802 of the |
Lombard Zoning Ordinance be passed on second reading. The motion carried by |
the following vote: |
Aye:
Trustee Richard J. Tross, Trustee Steven Sebby, Trustee Kenneth M. |
Florey and Trustee Paul Kufrin Jr. |
4 -
Nay:
Trustee Ralph Borgatell
1 -
Absent:
Trustee David N. Schaffer
1 -
000660
Enactment No: Resolution 75-01 Clo |
It was moved by Trustee Tross, seconded by Trustee Florey, to authorize |
issuance of $26,770,000.00 Multifamily Refunding Revenue Bonds for the Clover |
Creek Apartments Project. The motion carried by the following vote: |
Aye:
Village President Willliam J. Mueller, Trustee Ralph Borgatell, Trustee |
Richard J. Tross, Trustee Steven Sebby, Trustee Kenneth M. Florey and |
Trustee Paul Kufrin Jr. |
6 -
Absent:
Trustee David N. Schaffer
1 -
000678
President Mueller pointed out that the resolution provides for a report from this Ad Hoc |
Committee at the Board Meeting June, 2001 with a final report in January, 2002. |
Membership of the ad hoc committee will include 7 members to be chosen with the |
consent & advice of the Trustees. The committee should include a chairperson & vice |
chairperson, also a staff member or members to be decided by Village Manager Bill |
Lichter, to assist the committee. Item F of the resolution addresses the question of |
funding. There is $125,000.00 available at this time but there is some lack of |
communication between Senator Pate Phillips' office regarding an additional |
$125,000.00. The matter will come back to the Board if there are any changes regarding |
funding for the studies. |
Trustee Borgatell spoke saying he is in favor of preserving the theater, but feels |
additional provisions should be added to the Resolution. He was concerned about the |
committee not coming back with a report until June, 2001. He stated the residents would |
like to see a progress report every 90 days to keep people informed. |
President Mueller stated a monthly report will be brought forward as minutes. He has no |
objection to adding an amendment to the resolution that the ad hoc committee should |
submit a report every 90 days. |
Trustee Borgatell suggested the development of a financial plan. He believes the |
committee should be responsible for the task of actively seeking foundation, state and |
federal grants, and corporate and individual donations. |
Trustee Tross asked if the committee will be the petitioner for funding, as in the matter of |
the Peck House, as that committee was the fund raiser. |
Enactment No: Resoultion 76-01 DuP |
President Mueller envisions the committee seeking grants & funds. He was told by State |
people to get a request in for the available funding for the study by January in order to |
get it included in the State Budget. |
Trustee Kufrin stated that he considered this resolution flawed in many ways. He |
agreed with Trustee Borgatell in regard to funding. He expressed his concern that the |
amount of $1,000,000.00 from the TIF will be committed, and funding for additional |
projects will not be available, therefore Village funding will be required to continue the |
project. He feels concessions were made to satisfy a small portion of residents who |
want to preserve the theater. He stated we should seek funds from other sources and |
that must be part of the funding proposition. He was also concerned with the June 2001 |
time frame for the report. He stated that experts have already been consulted in regard |
to the theater and it's costs. |
President Mueller reiterated that the resolution does not call for monies from the Village |
or from the TIF District. |
Trustee Sebby stated he feels we need to move forward since the Board has voted to |
give the DuPage Theater a chance. His concern is there are no specific milestones or |
goals stated within the resolution. Some commitment or goal is needed for funding by |
June, 2001 from contributions and/or donations. |
Trustee Tross agrees that 90 day reports are needed and milestones should be defined. |
Trustee Tross expressed the opinion that a grant writer should be used. He is |
concerned that there is no option in the resolution for the possibility that this is just not |
feasible. He fears the ad hoc committee will continue on and on. He wondered if there |
is a time when the committee should be required to report and inform the Board that the |
DuPage Theater and Shops are not feasible. He is not convinced saving the theater is |
economically feasible. He wondered if resolution should be brought back to the |
Committee of the Whole and then to the Board again. |
President Mueller felt the resolution is clear in regard to a final report being due in |
January, 2002 or earlier if it is available. He feels his resolution is simple and to the |
point. |
Trustee Tross questioned if the Community Development Department should take a |
look at the issue. |
President Mueller again stated his belief that an Ad Hoc Committee is needed, and other |
Village Departments will be involved at some point in time. |
Trustee Borgatell stated he has sent a letter to his constituents and the consensus from |
them is to save theater but don't raise taxes. |
President Mueller agreed that the resolution could be amended to clarify a report every |
90 days with a final report in January, 2002. |
Trustee Florey agreed with Trustee Tross that the Ad Hoc Committee should work with |
other committees. The Board will still have direction over the committee and can direct |
ad hoc committee to do so. Trustee Florey suggested moving forward with Trustee |
Borgatell's additions. |
Trustee Tross stated that he was not happy with the resolution, and fears the committee |
will request an extension at some point if they have no answers. |
President Mueller stated that if the final report of the Ad Hoc Committee in January, |
2002, is not positive, he will say no to any extensions of time. |
Trustee Borgatell asked Mr. Bayer if a sunset clause is possible. |
Mr Bayer pointed out that the resolution does include one. |
Clerk Gerhardt asked if representatives from other committees should be appointed to |
the Ad Hoc Committee. |
President Mueller agreed that other committees can be consulted, but he did not feel |
that the provision needs to be in the resolution |
President Mueller stated that the Ad Hoc Committee will bring information to other |
committees. |
Trustee Sebby stated that with the addition of four amendments, 1. A report every 90 |
days from the ad hoc committee, 2. The Ad Hoc Committee shall be responsible for |
seeking out funding, 3. June, 2001 progress report, and 4. ad hoc committee to work |
with other committees as necessary, he would agree. |
It was moved by Trustee Sebby, seconded by Trustee Florey, to adopt a |
resolution to establish an Ad-Hoc Committee to investigate and analyze the |
commercial and economic feasibility and desirability of rehabilitating, |
establishing, operating and maintaining the DuPage Theater and shops as an |
economically viable cultural arts/commercial facility. The committee will: 1. Give |
a progress report in writing to the Village Board at the first meetings of March, |
June and September, 2001, 2. Seek out specific sources of revenue including |
grants and private donations, 3.Give a June, 2001 progress report to include a |
summary of specific monies committed and its source, and 4. Work with other |
committees as necessary to carry out assigned tasks. The motion carried by the |
following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven Sebby |
and Trustee Kenneth M. Florey |
4 -
Nay:
Trustee Paul Kufrin Jr.
1 -
Absent:
Trustee David N. Schaffer
1 -
X
Agenda Items for Discussion
DuPage Theater
President Mueller introduced these items in regard to the DuPage Theater.
Commuter Parking
President Mueller and Trustee Florey have proposed to use the existing parking lot for |
commuter daily parking on a temporary basis. The cost to patch and overlay the parking |
lot using the Village's paving crew would be about $10,000.00. The cost to patch and |
overlay using a contractor would be $30,000-$35,000.00 It is recommended that the |
asphalt overly option using the Village's crew be accepted, to be done as weather |
permits. |
Daily parking would require the purchase of a coin box for about $1,200.00. |
It was moved by Trustee Tross, seconded by Trustee Florey, to do emergency |
patch work and overlay on the Theater parking lot to make it serviceable to the |
general public for daily parking with the installation of a $1.25 daily fee box and |
striping. The motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven |
Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
5 -
Absent:
Trustee David N. Schaffer
1 -
Holiday Decoration
The Millennium group has requested permission to put holiday decorations (not Lights) |
on the DuPage Theater. If a contractor were used, standard insurance requirements |
would need to be met. Someone from the Village's staff would be made available to |
oversee the work since it would be taking place on Village property. |
It was moved by Trustee Tross, seconded by Trustee Borgatell, to hold harmless |
regarding Holiday Decorations and all other uses of Theater Property. The |
motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven |
Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
5 -
Absent:
Trustee David N. Schaffer
1 -
XI
Executive Session
XII
Adjournment
It was moved by Trustee Borgatell, seconded by Trustee Florey, that the Regular |
Meeting of the President and the Board of Trustees of November 16, 2000 be |
adjourned at 9:45 p.m.. The motion carried by the following vote: |
Aye:
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee Steven |
Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
5 -
Absent:
Trustee David N. Schaffer
1 -