Village of Lombard Legistar System

Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President

Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom.

Quorum Present

Appointed Officials Present:

Village Manager William T. Lichter

Assistant to the Village Manager Ellen Balsamo

Finance Director Len Flood

Village Attorney Thomas P. Bayer

Village Attorney George Wagner

Fire Chief Ed Seagraves

Chief of Police Van Dillenkoffer

Village Engineer Dave Dratnol

Director of Public Works Stan Rickard

Private Development Engineer Dave Gorman

Senior Planner Bill Heniff

Planner II Lisa Warren

Records Clerk Diane Jantelezio

Mr. Lichter had no report.

President Mueller informed the viewing public and those in attendance that a televised

meeting would be held on Saturday, January 12, 2002 at 9:00 in the Board Room of

Village Hall, regarding the DuPage Theater.

Trustee Koenig asked what is the disposal policy regarding Christmas tree pick up.

Assistant to the Village Manager, Ellen Balsamo responded by saying that in the past a

"Don't trash your tree" program had been in effect, which involved Christmas trees being

chipped by Waste Management. She believed that the policy was still in effect and she

would check on the dates this will take place.

President Mueller asked that this information be made available to the public.

President Mueller clarified the fact that the meeting being held regarding the DuPage

Theater would be held at 9:00 am.

Trustee Florey asked for the patience of the Board in the request by the petitioner that

Item PC 01-22 be tabled to the meeting of February 7, 2002 to research the project and

change the text if needed.

John Jankowiak, 1815 Highland Avenue, had a presentation prepared and his wife

passed out information packets to the trustees. He stated that he is a Project

superintendent for a private company and his wife holds a position with an architectural

firm as an associate. He asked that the trustees feel free to question him. Mr. Jankowiak

reported that he believed he had found sixty-five zoning violations in the proposal if this

item should be passed. He asked that the trustees turn to the project information book

that was submitted by V3. Mr. Jankowiak referred to the area of a transmittal sheet from

V3 that proposes the medical building to be built on lots 001, 002, 005 and 006, lot 008

being held in reserve for future expansion with the hope of also securing contracts for

lots 003 and 007. Mr. Jankowiak expressed the belief that his property was being

"singled out". He also stated that his property was too expensive for V3 to purchase and

his property would be completely surrounded. Mr. Jankowiak asked the Board, who

checks the project information booklet, as it is full of lies and half truths.

Mr. Jankowiak then went on to refer to the flood plain analysis within the report. He said

that V3 stated the area is not in a flood plain, but the report itself states that 1% of the

site is within the boundaries of a 100-year floodplain. He then talked about the

submission requirements that the planning department gave the petitioner to fill out. On

that form, it stated that an area concept plan was not needed and Mr. Jankowiak went

on to say that in the report, V3, stated that the area immediately south of the property is

office and retail, when actually that area is residential. He stated that he has not been

approached for annexation in 11 years.

Mr. Jankowiak went on to say that laws have to be followed and the law that is most

restrictive is the one that takes precedence, especially regarding lot lines, such as the

minimum size required for the O office district should be 300 feet, whereas the frontage

lot size is 265 feet. He went on to propose several different scenarios which would result

in a loss of parking spaces, but a gain of footage in the property lines. He also talked

about required setbacks and the landscaping requirements when a property abuts a

residential property. He expressed his feeling that this matter got off to a bad start at the

Plan Commission, and again stated that he feels the project is full of lies. He sited many

instances where he felt the information was misleading.

Mr. Jankowiak continued on by talking about the traffic analysis and the figures of

required parking spaces which he felt were incorrect. He again asked "who is checking

the checkers?" Mr. Jankowiak stated that he believed the Village is opening themselves

up to litigation, as it is unlawful for anyone to permit the allowance of occupancy for a

project which is not up to code. He commented that the Board has four choices, to send

the matter back to the Plan Commission, to re-evaluate it, to deny it or pass it which

would lead to litigation

Trustee Tross stated that he appreciated Mr. Jankowiak's candor and bringing these

issues to the attention of the Board. He stated that Trustee Destephano and himself

spent some eighteen months on the Ad Hoc Committee for the Comprehensive Plan.

Trustee Tross asked Mr. Jankowiak if the flood plain report put his home in the flood

plain to which Mr. Jankowiak answered "no".

Trustee Tross then went on to defend the Comprehensive Plan explaining that

residency is put at the lowest possible density when annexation is requested, to

increase the amount of control that the Village has. He also stated that is why Mr.

Jankowiak's property has that zoning, as the Comprehensive Plan requires the highest

and best use of the area. Trustee Tross then inquired if anyone had offered to buy Mr.

Jankowiak's land and he responded that they did receive one offer in March.

Catherine D'Hoostelaere, 1815 S. Highland Avenue, stated that she appreciated being

allowed to speak and would make it short. She asked why the violations had not been

challenged by staff and why the Board had not requested evaluation of the violations

noted by Mr. Jankowiak. She said that she was concerned about the alleged violations

regarding public notice and Mr. Hulseberg's statement of "that is how we do things."

She feels the petitioner should answer all violations. She said that she had been told by

an employee of the medical group that a surgical unit being was being planned for this

building. She asked where is the information about a surgical unit. If approved, V3 will

be required to construct the building to BOCA code which would allow the occupancy of

the building to be 677 people. She commented that staff had not seen the FEMA report

and therefore, did not have the information on the water shed. Ms. D'Hoostelaere went

on to say that Public Works requested an in depth impact study on the stormwater

drainage and concluded that this project may impact the flood plain. She stated that a

topographical survey was not done due to the denial of access to property by residents,

but V3 did access their property without permission and caused unwarranted property

damage which would be settled in litigation.

Regarding FOIA (Freedom of Information Act) requests, she stated that federal

violations of her rights had taken place, as their home is most difficult to replace and if

this project goes forward, her property value would be greatly diminished. She

commented that if the medical center is approved, they will continue to oppose it in

circuit court. She said that she intends to defend the language and the intent of the

Ordinances of the Village of Lombard in court.

Brian Lemoine, 232 Eastgate Road, stated that he lives across the street from the

proposed project. He asked if sidewalks would be provided or just street repairs.

Village Engineer, Dave Gorman answered that there will be sidewalks on both sides and

a coach walk.

Mr. Lemoine commented that the flood plain study stated that his property could be

adversely affected by this development.

Mr. Gorman said that based on the V3 study, there will be full retention under the

parking lot. He went on to say that a cement culvert will exit to the creek, that there

would be more water but at a slower rate, and there would not be a bigger pipe in the

street.

Mr. Lemoine inquired if the creek could handle that amount of water, and Mr. Gorman

responded that the water would be released through a restrictor and there would not be

a rush of water.

Mr. Lemoine questioned who would be responsible if his property floods. Mr. Gorman

stated that he has seen the water flow around Mr. Lemoine's property and that curb and

gutters would be installed on the east side into a storm sewer on north side of the street.

Mr. Lemoine asked if this would change the street elevation, as his driveway is at the

lowest point. He also questioned why the Village isn't requiring the petitioner to put in

new sewers instead of working around all these ditches.

John Michalowski, 348 E. 16th Pl., spoke regarding traffic issues and suggested a cul de

sac on Eastgate Road.

John Wittert, 383 E. 17th Pl. from the Providence subdivision spoke. He stated that the

subject property is surrounded by residential lots. He asked why a berm was first

required and then changed to just landscaping and was it due to water run off. He stated

that water runs off toward the Providence subdivision and asked if the decision was

made because detention doesn't work.

Mr. Gorman responded by saying that the Village limits grades of 3 to 1 for maintenance

and the project would still have a small berm even with the proposed landscaping.

Mr. Wittert asked if that was not done to facilitate drainage for the developer. He also

asked if the medical center would have the capacity for MRI's that would require

increased electricity and generators, as he was concerned about noise and

environmental concerns, as well as the financial impact on the neighbors.

Senior Planner, Bill Heniff stated that there has been no discussion regarding this and if

it was requested in the future, the petitioner would need to meet the noise ordinances.

Mr. Wittert asked if the zoning ordinance prohibits generators for the O office district and

Mr. Heniff stated that the ordinance does not prohibit them. Mr. Wittert then went on to

speak about the traffic study, stating stop lights were not necessary at Highland and

Eastgate, as traffic will not increase that much. He sees adverse traffic conditions such

as u-turns and cut across traffic from the Town and Country development, which would

increase traffic accidents. He suggested that if the Board recommends approval of the

development, that the Board consider a cul de sac just at 17th Street that would protect

the Providence Homeowners and would also help with rerouting traffic from Montini High

School.

Mr. Bob Beck, an attorney representing Mr. Divito, who owns two lots adjacent and

south of the site, stated that Mr. Divito is a homeowner on a fixed income whose life has

been disrupted by this. Mr. Beck then went on to say that the Board is entrusted with

finding the best possible use for this site. He brought up the issues of the flood plain,

mandatory set backs, lighting, landscaping, parking, traffic issues, and current and

future uses of the building. He also questioned the character of the basement and it's

intended use. He stated that the access proposals need to be reviewed, as the access

of Highland is virtually on top of the residence that Mr. Divito owns. He asked that the

Board consider alternative proposals for vehicle access. Mr. Beck commented that Mr.

Divito is concerned that his efforts will be misunderstood.

Trustee Tross asked Mr. Beck if Mr. Divito had received an offer for his properties and

Mr. Beck responded that he had.

Patrick Fox, Executive Vice President for the V3 Realty Group, then introduced civil

engineers, architects etc. to give the flavor of what is being proposed. He stated that

two members of the DuPage Medical Group, Dr. Morgan Meyer and Dr. Carol Meyer,

who are both Lombard physicians, were in attendance. Mr. Fox

then introduced Mr. Darrell Stremmler, CEO of the DuPage Medical Group.

Mr. Stremmler explained the earnestness of the petitioners. He informed the Board that

DuPage Medical Group had hoped to purchase all of the properties involved, and that

three offers were made to Mr. Divito. He stated that the last offer made on lot 4 was

returned from the property owners with a much higher cost and the threat of litigation.

He stated that their organization has made modifications to the project at the request of

staff, and that the group initially tried to purchase all eight lots. Mr. Beck continued on to

describe the practice as a family oriented practice, started 40 years ago by Dr. Meyer,

with 140 physicians that operate in 20 sites. The group currently practices on Main

Street in Lombard and has been very good neighbors at that site. The Main Street site is

over 40 years old, is confining and has reached it's capacity. They looked at the possible

expansion of the current site, but that was not feasible due to the lack of acquirable

space. Mr. Beck stated that among the issues taken into consideration for a site, was

the additional space available for growth, easy access for Lombard patients, and the

space for on site consultant services, pediatric services and lab services. Mr. Beck

commented that there is no plan to implement an MRI and the current premises on Main

Street will remain open if patient demand continues to be strong. He said that the group

is eager to be in a new site to deliver expanded and better services to their patients. He

then introduced Dr. Paul Meyer.

Dr. Paul Meyer shared with the Board that he has practiced for 20 years at the Main

Street location, has been on staff at Elmhurst Hospital for 49 years and has recently

joined the staff at Good Samaritan Hospital. He expressed his wish to be allowed to

continue to serve the community.

Mr. Stremmler stated that there is no surgical area being planned for this site.

Steve Saunders, an architect for the project, stated that he was retained by the medical

group to design a first class facility to fit nicely into the community. He then went on to

explain some of the zoning requirements, regarding front yard setbacks, interior side

yard setbacks and rear yard setbacks. He stated that their proposed plan exceeds all of

the requirements and is well within Village Codes. He said there will be right in, right out

on Highland, and there has been some discussion on moving the access further north,

to which they have no objection but that there may be a safety issue. He commented

that the loading dock is on back of property, ninety eight feet from the property line, with

a six foot masonry wall. He said that minimum green space required is 35% and they

have 36%, 7.5% green space is required in the parking lot, and they have 7.5%, and the

parking requirement is 176 spaces and they will provide 180.

He commented that the Atrium space in the building is not floor space and that they

have worked to keep the building as low as possible as he feels the scale of the building

matches well with the area. He said that a cellar is stated as the floor being over 50%

below grade and does not calculate into the parking requirements. This area will be

used for record storage. He stated that the petitioner realizes that should they in the

future decide to occupy the basement, parking will be provided accordingly. He then

continued on to speak about the elevations and the brick and cut stone to be used on

the outside of the building and aluminum and green glass for the windows. He

commented on other less expensive materials that could have been considered, but at

the medical group's insistence, nicer materials would be used.

President Mueller asked Mr. Saunders to point out the directions of the elevations.

Mr. Saunders stated that the entrance faces Eastgate and described the materials to be

used regarding the windows, brick and aluminum.

Trustee Tross asked for a perspective regarding cellar/storage area, and to show him all

that will be below grade when you walk into the building. He asked if all of the ceiling

area of the cellar/storage area would be below the entry level.

Mr. Saunders responded that would be correct.

Trustee Sebby asked if the building would be facing the residential area, to which Mr.

Saunders replied that the arched portion will face residential area.

Trustee Koenig asked if any mechanical units will be seen from any angle, and Mr.

Saunders replied that mechanical units would not be seen or heard.

Trustee Florey inquired about the elevation and screening for the loading dock, to which

Mr. Saunders responded that he did not have that elevation, but that the masonry would

be 6 feet tall and would conceal everything in the dock area. He also stated that the

dumpster may or may not be located in that area, but would be completely concealed

regardless of it's location.

Trustee Tross asked if the group already had access to Lot 8, Lots 3 & 4, which is Mr.

Divito's property and Lot 4. Trustee Tross voiced his opposition to isolating these three

residential properties.

Mr. Saunders stated that the group initially wanted to acquire the three remaining lots,

but there was no response on the Divito property and the response from Lot 4 was

threatening. He stated that the group had hoped to go forward and then acquire these

three properties. He commented that the project was downsized to fit the land that could

be acquired.

Trustee Koenig asked about the driveway configuration not being in alignment with

Town and Country Development, which is across the street and also the tip of the

driveway abutting the property to the south. She stated that she had traffic concerns for

the residents. She commented that she had talked to staff earlier about moving the

entrance point. The architect responded that he would love to do that if the traffic study

could prove that it would be safe.

Mr. Heniff responded that the traffic consultant shied away from that placement due to

possible confusion of where traffic would be turning right.

President Mueller asked if the driveway were moved to the north, how many feet would

that be from the Highland intersection, to which Mr. Saunders' response was about 110

feet.

Trustee Koenig stated there may be confusion regarding exactly where vehicle are

turning in.

President Mueller stated that it is it the driver's responsibility to be aware of where

people are turning, but he supported Trustee Koenig's comment.

Trustee Tross suggested that moving the pork chop to the north would have no safety

conflict.

Trustee Koenig was concerned with the Providence residents who are already

experiencing traffic problems from Montini High School. She stated that she is

supportive of the resident's suggestion of a cul de sac at Eastgate. There was much

discussion among the Trustees regarding where the cul de sac would be placed.

Trustee Tross felt that this needed further review, and the residents from the Providence

subdivision initially wanting a stop sign. He commented that if the flow of traffic is to be

managed for the medical center, he feels the developer would be agreeable to adding a

pork chop configuration at Stewart, and having in bound traffic enter off of 17th and

outbound on 18th.

Trustee Koenig stated that she has had numerous discussions with staff, not specifically

regarding a pork chop configuration, but about a number of things that could be

considered, including channelling traffic down a less inhabited area.

President Mueller stated that he has spoken with Brother Tom at Montini High School

and he has said that he will try to help in regard to traffic problems with students and

parents.

Trustee Sebby stated that he agreed that areas need to be looked at but he would like to

get back to the matter on the agenda. He commended John Jankowiak and Catherine

D'Hoostelaere for a well done presentation, but the issue of the violations was their

opinion, which may be biased, and the developer's opinion may also be biased. He felt

that the developer has a very good and useable product and would be an asset to the

community. In regard to the documentation of the potential 65 zoning violations, he

asked for staff comments.

Mr. Heniff stated that a memo was sent to the Board outlining and summarizing some of

the discussion from the November Plan Commission meeting relative to the issues. He

stated that most of the comments seemed to revolve around the distinction between

front yard and frontage. He commented that the petitioner is using the front yard portion

of the property that abuts and is adjacent to Highland Avenue, and that the frontage is

on public right of way. He stated that PUD allows for creativity of a development and all

requirements have been met as far as the zoning ordinance is concerned. Mr. Heniff

said that a large amount of the 65 alleged violations result from front yard versus

frontage. In regard to transitional yards, the Village does not have zoning authority over

the property immediately south of the project as it is unincorporated. In regard to the

FOIA requests, Mr. Heniff commented that staff has provided all documentation that has

been available. He said that staff has done a comprehensive review regarding access,

etc., and that is why there is no variation request.

Trustee Sebby questioned the underground water storage, the release of water and

potential flooding downstream.

A consultant for the project, Ted Feenstra, explained that they are meeting DuPage

County stormwater control ordinances and that the new run off will be 25% less due to

the passage of water through a 2 1/2 inch pipe.

Trustee Destephano asked which study Mr. Lemoine referenced when he spoke of the

possibility of his property being adversely affected.

Mr. Feenstra responded that it was a Natural Resource Study Report that points out all

possible areas of concern to be addressed by the development of a site. He stated that

Page two shows areas to be addressed such as the storm water flood plain and soil

erosion. He also commented that they are in compliance or these specific issues do not

apply, and that they also exceed the regulations and requirements of DuPage County.

Mr. Feenstra informed the Board that this development would not be negatively

impacting any other development presently existing.

Trustee Tross asked if the Unisys Building was the only development that had approval

for underground water storage.

Fire Chief Seagraves responded by saying that Lombard Toyota also has underground

water storage.

Trustee Tross took exception to a coach walk and ditch across the street. He stated that

this is not the standard in Lombard.

Village Engineer, Dave Dratnol said that common sense is used when dealing with a

flood plain and an open channel is the best way to deal with this water.

Trustee Tross asked why full improvements were being done elsewhere.

Mr. Gorman said that the DuPage County staff had been spoken to regarding sewers,

and the County concurs that there is no wetland there, however it is a flood plain

because it is mapped and the County wants water quality benefit and compensatory

storage. .

Trustee Tross sited Roosevelt Crest and problems in that area. He feels the property will

be well maintained, but is concerned about the water issue not being adequately

addressed for the density of the site.

Mr. Fox stated that he feels it is an appropriate plan that complies with every regulation

and it's use will be beneficial for the entire Village. He stated that the property will be

owner occupied, and they are asking for no variances. He commented that Village staff

has been competent, professional and very diligent.

Trustee Koenig stated that she would like to see a construction fence around the site.

Mr. Feenstra commented that a fence would also be the preference of the developer.

Trustee Koenig mentioned some concerns about the need for a stop light at Eastgate

and Highland and the possibility of a Special Service Area district in the future.

Trustee Tross wished to pass this on first reading at this time and not waive first reading

and pass on second reading.

Trustee Destephano and Trustee Sebby agreed with Trustee Tross.

Village Manager, William T. Lichter stated that if there were some items to be looked at,

such as no objection to a special service area, a construction fence, the staff report

addressing alleged code violations and the traffic impact, this could be addressed

between first and second readings.

President Mueller stated that the residents in the area should be kept in mind and not to

close them off. He also recommended revisiting the County with the water issues.

Trustee Sebby requested an overall area map showing this location.

Trustee Tross commented that he hoped that this issue is not approved to the detriment

of the owners of the three parcels that are in opposition to the project.

Trustee Tross wanted to remind the Board about the Route 53 agreement, as the

resolution called for restricting access from the east into the Village from the

aforementioned areas. He said that an understanding was reached at that time, that

Harrison Road would be posted even though it had been pork chopped, Harding Road

has been posted county and state madison remain. If Charles Lane is not posted the

village will be creating a bottle neck.

Trustee Destephano asked if there was a report on the meeting with the township

individuals. She asked why it wouldn't get the approval of the Transportation and Safety

Committee if the County gave them information in favor of it.

Trustee Soderstrom explained the history of the discussions. He commented that the

Committee is structured differently now than it was in the past when this was originally

considered.

Trustee Tross spoke of the Resolution that was passed by the Board on June 12, 2001,

at which time it was recommended to restrict traffic into the Village at these areas. It was

also unilaterally agreed to post Charles Lane and the township would post Harrison and

Harding. He stated that Madison would not be posted no left turn.

Trustee Destephano requested documentation regarding the County's decisions.

Trustee DeStephano asked if it would not be better to wait until Route 53 improvements

were completed.

President Mueller responded by saying that may take years, and the residents on

Charles Lane have been very patient and cooperative.

Trustee Sebby left the dais at 11:45.

Trustee Sebby returned to the dais at 11:48.

Trustee Soderstrom stated that the Committee felt that the volume and accident reports

did not warrant a stop sign and that another factor in the cause of accidents is the "S"

curve.

Trustee Destephano read a portion of a letter that she received from a resident,

thanking the Transportation and Safety Committee for installing street curve markings

on Grove Street. The letter spoke of the excessive abuse of the speed limit and an

accident that occurred in December, in which a vehicle lost control. This resident fully

believed that a stop sign would reduce speeders in the sector of Grove Street.

Trustee Koenig commented that the accident history is factored into the accident report

that is reviewed to establish if stop signs are warranted.

Trustee DeStephano stated that not all accidents are reported.

President Mueller stated that people need to report any accidents that occur so they will

be included in the statistics when these reports are reviewed.

Trustee Soderstrom explained that the traffic speed study that was done on a two day

time frame, and the accident patterns that were looked at over a two year period. He

stated that the majority of the accidents that happened in the area were not at the

intersection of Grove and Elizabeth. The Transportation and Safety Committee did not

feel that accidents would be curtailed by the addition of a stop sign.

Trustee DeStephano said that she realizes that stop signs do not always help, but that

speeding issues need to be addressed.

Trustee Soderstrom also concurred that the speeding issues do need to be addressed

and that stop signs do not effect speed issues.

President Mueller commented that at the Mayor's and Manager's Conference, all

mayors agreed that speeding is an issue in all communities.

Mr. Lichter deferred to Trustee Soderstrom who in turn deferred to Trustee DeStephano,

as it was at her request that this item be removed from the Consent Agenda.

Trustee Destephano explained that twenty-eight residents, mostly on Cimmarron, are

asking for "slow down" signs, not stop signs, for the safety of the children on the block.

President Mueller questioned how many children need to be on the block to warrant

such a sign.

Trustee Soderstrom stated that the Committee was advised by staff that this sign was

no longer used in the State of Illinois, as it was ineffective. He commented that this area

is a captive subdivision, has no ingress or egress from the north, south or west. The

area traffic is mostly residential, as this is a dead end street which is posted as such.

Trustee Soderstrom commented that he was not sure whether this signage is right or

wrong, but if residents would feel safer due to this sign, cost is not an issue.

Trustee Destephano said that if the sign doesn't serve a purpose it can be removed.

Trustee Tross deferred to the Trustees that made the motion and agreed.

Denise Carlson, 345 W. Loy, said that she moved into her home in 1997, and her yard

floods, which is even worse after Special Assessment 213, due to the sidewalk

construction. She spoke of her fence that is one and a half years old and is now sinking.

She has heard that a newer home on West Road also has water issues. She was

concerned about building more homes in an area where the soil conditions are so poor.

She commented that Engineering did come out about a month ago and had some

recommendations as far as grading and sod. She feels more houses being built in that

area would compromise an already difficult situation. She also questioned the number of

homes that were planned for that development.

President Mueller clarified the number of homes that are to be built.

Don Hubbard, 341 W. Loy, stated that due to fact that there are already flooded

basements in that area, and that the new sewer system is adequate only for a ten year

rain capacity, he urged the Board not to approve the project.

John Pieper, the attorney representing the petitioner, Pete Ochipinti, stated that he

sympathizes with the residents who have experienced flooding in the past. He

commented that Lombard is very aggressive with code compliance and that everything

submitted is in compliance with the codes. He believes that this development will

improve the flooding situation in that area. He also pointed out that the petitioner is

agreeable to the changes in the development agreement, even though it may not be a

legal requirement.

Mr. Hubbard again spoke about putting a detention pond in the area. He questioned how

the water will drain out properly.

Mr. Heniff explained that concerning outlot A, the detention will be located at the far

south with a thirty foot access on West Road according to Code. The low point of the

development will ultimately drain out into the storm sewers of West Road. He also stated

that there would likely be an improvement to the area storm water because water would

be held from the seven lot subdivision and not have water draining to the south

residences.

Trustee Sebby commented that this is retention, and holding water would not increase

capacity.

Mr. Heniff responded that the area may be damp, but will not be a pond.

Trustee Florey stated that it is very likely that outlot A would benefit the other homes in

the area.

Petitioner Pete Ochipinti, stated that engineers have stated that this area is not a

wetland, is not in a flood plain area, and referred to his handout of that evening.

Trustee Florey asked the petitioner if he would be willing to work with established

residents.

Mr. Ochipinti confirmed that he would and his attorney, Mr. Pieper, qualified his answer

by stating that the excess capacity could be used.

Trustee Tross said that the action taken that evening would include a development

agreement signed by Mr. Ochipinti, who has agreed to provide disclosure to potential

purchasers of the homes. He reminded residents that the Board has been very diligent

on this project.

Trustee Florey agreed that the Board has taken all steps legally possible.

Trustee DeStephano thanked residents who had stayed to speak. She said that she

has talked to staff, residents, and the County regarding the wetland status. She is

troubled by the fact that the only other option is to purchase the property by the Village.

She asked staff to rigorously monitor this development. She stated that she would

oppose this development but her hands are tied and the development is consistent with

code and meets ordinances.

Trustee Soderstrom stated that he is opposed to the subdivision but realizes that any

further prolonging of this issue would bring financial burden to the Village.

Trustee Florey commented that this salary increase would bring our village manager

closer to what he should be paid for managing a $70M budget and the size of the staff of

the Village.

Trustee DeStephano stated that she believes a 12% increase in this economic time is

unwarranted. She commented that this increase would imply exemplary performance

and she does not see exemplary performance. She said that she and the citizens she

represents are not happy and they hope that the department heads would see this as

the rebuke to them that it is. Therefore, she would be opposing this item as the Village

Manager salary is the only way she can affect this.

Trustee Soderstrom stated that he seconded the motion to extend Mr. Lichter's contract,

because he feels he is doing a fine job, but he is voting in opposition to the salary

increase due to the fact that the economy is in serious condition at a time when some

people are not getting raises and in some instances losing their jobs. He said his

opposition was not a reflection on Mr. Lichter's performance and that he would be voting

no.

Trustee Tross commented that he believes residents will see this as a mere pittance in

the world of business, and believes this is a small price to pay, as he has always stated

that the Village Manager position has been underpaid. Trustee Tross did say that he

holds the Village Manager responsible for the departments not acting accountably.

Trustee Sebby stated that the salary issue comes at an unfortunate time, and he agrees

that the position has been underpaid. The Village Manager runs a $70M a year

business. He commented that he has seen nothing but professionalism from Mr. Lichter

and is extremely impressed with his performance.

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

Fourth Amendment to the Manager's Contract which:

a. sets salary, effective January 1, 2002 at $127,000

b. provides for a salary increase on June 1, 2002 based upon the average of the

annual percent change by month in the Chicago area CPI for all urban consumers

for the period beginning April, 2001 and ending March 2002 and

c. provides for a salary increase of June 1, 2003 as determined reasonable and

desirable by the Corporate Authorities based on a review of the then current or

projected salaries at said time for the Village/City Managers of those communities

used for comparison in the May 2001 Pay Study prepared for the Village by DMG

Maximus. The motion carried by the following vote:

Trustee DeStephano was concerned about the forced resignation of Frank Mackett in

December and the lack of reappointments. She also expressed concern that Mr. Iorii

had previously resigned from the board due to conflicts in scheduling, that Tenny Ahn

has only been a resident for five months, and she did not know the qualifications of Mr.

Basso.

Trustee Tross commented that he had some reservations about the appointments but

would support them.

Trustee Soderstrom stated that he has been concerned since hearing of the

resignations and new appointments, and could not support these appointments.