Thursday, January 3, 2002
7:30 PM
Village of Lombard
Board Room - Village Hall
Village Board of Trustees
Village President: William J. Mueller |
Acting Village Clerk: Barbara Johnson |
Trustees: Joan DeStephano, Richard J.Tross, |
Karen Smith-Koenig, Steven D. Sebby, |
Kenneth M. Florey and Rick Soderstrom |
Meeting Minutes
Village Board of Trustees
Meeting Minutes
January 3, 2002
REGULAR MEETING - JANUARY 3, 2002 - 7:30 P.M.
Village President Willliam J. Mueller, Council Member Suzan Kramer, Trustee |
Joan DeStephano, Trustee Richard J. Tross, Trustee Karen Koenig, Trustee |
Steven Sebby, Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
Present:
BOARD ROOM
Broadcast on Cable TV Channel 6
I
Call to Order and Pledge of Allegiance
The Regular Meeting of the President and Board of Trustees of January 3, 2002 was |
called to order by President Mueller at 7:34 p.m. in the Board Room of Village Hall. |
The Pledge of Allegiance was led by Village Clerk Suzan L. Kramer |
II
Roll Call
Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President |
Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom. |
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 |
Chief of Police Van Dillenkoffer |
Village Engineer Dave Dratnol |
Director of Public Works Stan Rickard |
Private Development Engineer Dave Gorman |
Senior Planner Bill Heniff |
Records Clerk Diane Jantelezio |
III
Public Hearings
010837
President Mueller turned the Public Hearing portion of the meeting over to Attorney Tom |
Bayer at 7:35 pm. Mr. Bayer explained in detail PC 01-23, which had been continued |
from the Board meeting of December 6, 2001. He explained the proposed annexation |
agreement for the properties located at 203 Eastgate Road, 233 Eastgate Road, 1807 |
S. Highland Avenue and 567 S. Stewart Avenue. He asked anyone who wishing to |
speak for or against the issue, to come forward to the podium. |
There being none, Mr. Bayer adjourned the Public Hearing portion of the meeting at 7:37 |
pm. |
Enactment No: A Public Hearing |
IV
Public Participation
President Mueller stated that there were numerous people present wishing to speak |
regarding the aforementioned proposed annexation, PC 01-23. He asked if those people |
wished to speak at that time or wait until the matter came up on the agenda for separate |
action. It was the wish of those residents present that they would wait to speak until that |
time. This also held true for those wishing to speak regarding SUB 01-03, Rick and |
Gina's Subdivision, and PC 01-22 regarding 1034 Woodrow Street. |
010904
Enactment No: Proclamation-Nationa |
At this time, President Mueller asked if there were any comments or changes to be |
made to the minutes of the Committee of the Whole meeting of November 13, 2001 of |
the Board of Trustees meeting of November 15, 2001. |
Trustee Koenig stated that she believed that she was misquoted at the Board of |
Trustees meeting of November 15, 2001, on page eleven, the item regarding a |
Multi-Way stop at 17th St. and LaLonde. She referred to empirical evidence that stop |
signs do not always decrease speeding issues. |
V
Approval of Minutes
It was moved by Trustee Florey, seconded by Trustee Tross, to approve the |
minutes of the Committee of the Whole meeting of November 13, 2001 and the |
minutes of the Board of Trustees minutes of November 15, 2001, as amended. |
The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
VI
Committee Reports
Economic/Community Development Committee-Trustee Kenneth M. |
Florey, Chairperson |
Trustee Florey reported that the Committee had not met since the last Board meeting, |
as their last meeting was rescheduled to January 15, 2002 at 7:30 pm. At that time, the |
special service district in the downtown area will be discussed. |
Environmental Concerns Committee-Trustee Joan DeStephano, |
Chairperson |
Trustee DeStephano stated that the Committee also had not met since the last Board |
meeting. She said that the next meeting will be on January 22, 2002 at 7:00 pm. |
Finance Committee-Trustee Karen S. Koenig, Chairperson
Trustee Koenig informed the Board that the Committee had not met since the last Board |
meeting. She stated that the next Committee meeting will be held on January 15, 2002, |
which would conflict with the meeting of the Economic and Community Development |
Committee which she is also a member of. |
Public Works Committee-Trustee Steven D. Sebby, Chairperson
Trustee Sebby stated that the Public Works Committee met on December 11, 2001, and |
at that time, several change orders were looked at, and were on that evening's consent |
agenda. One of the items discussed at that time was the issue of Lake Michigan water |
versus well water use for irrigation. He said that staff is looking at that issue. He |
informed the Board that the next meeting of the Committee will be on January 8, 2002, |
which will be a joint meeting with the Board of Trustees. |
Transportation & Safety Committee-Trustee Rick Soderstrom, |
Chairperson |
Trustee Soderstrom reported that the Committee had not met since the last Board |
meeting, but there were five items on that evening's agenda that were discussed at the |
Committee meeting of December 3, 2001. He commented that the next meeting will be |
January 7, 2002. He said that he would like to update people on the DuPage Area |
Transit Plan Forum. He commented that a Public Choice Forum had been held at which |
seventy five people attended. Trustee Soderstrom stated that people can still respond to |
the transit issue on the internet at www.dupagetransitplan.com until January 18, 2002. |
Community Promotion & Tourism Committee-President William J. |
Mueller, Chairperson |
President Mueller commented that the Committee had not met and the next meeting will |
take place on January 17, 2002. |
Village Clerk- Suzan L. Kramer
Clerk Kramer informed the Board that the Board of Local Improvements had met on |
December 13, 2002 at which time a Public Hearing was held regarding Special |
Assessment 216, which involves portions of Ahrens, School, Norton, Wilson, and High |
Ridge Streets. She stated that during the regular portion of the meeting, BOLI authorized |
payouts for: Special Assessment 214 A & B totalling $236,638.56, Special Assessment |
216 totalling $19,236.76 and Special Assessment 217 totalling $19,462.50. |
VII
Village Manager/Village Board Comments
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. |
010819
It was moved by Trustee Florey, seconded by Trustee Koenig, to table Item PC |
01-22 to the Board of Trustees meeting of February 7, 2002. The motion carried |
by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
Enactment No: Ordinance 5090 1034 |
VIII
Consent Agenda
It was moved by Trustee Soderstrom, seconded by Trustee Tross, 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 Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
010872
This Matter was approved on the Consent Agenda.
010874
This Matter was approved on the Consent Agenda.
010879
This Matter was approved on the Consent Agenda.
010884
This Matter was approved on the Consent Agenda.
010885
This Matter was approved on the Consent Agenda.
010876
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5049-A 333 |
010824
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5050 418 W |
010825
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5051 502 N |
010826
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5064 1067 |
*J. Post "No Left Turn" Signs at Harrison Road and Rt. 53 (Moved to |
IX - D) |
010832
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5065 Yield |
*L. Request for Multi-Way Stop at Grove and Elizabeth (Moved to IX |
- E) |
*M. Request for "Slow, Children at Play" Signs West of Rt. 53 |
Between Pleasant Lane and Meadow Avenue (Moved to IX - F) |
010835
This Matter was approved on the Consent Agenda.
Enactment No: Multi-Way Stop at Le |
010903
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5052 Speci |
*P. Appointments - Board of Fire & Police Commissioners (Moved to |
IX - I) |
010894
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5053 Liquo |
010822
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 82-02 SA2 |
010860
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 83-02 200 |
010861
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 84-02 SA2 |
010862
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 85-02 200 |
010863
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 86-02 Lif |
010864
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 87-02 SCA |
010881
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 88-02 110 |
010891
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 89-02 105 |
010893
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 90-02 314 |
010898
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 91-02 FPA |
010899
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 92-02 ROW |
010900
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 93-02 Pla |
010901
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 94-02 Pla |
010817
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5054 401-5 |
010880
This Matter was approved on the Consent Agenda.
Enactment No: 660 E. Butterfield R |
010895
This Matter was approved on the Consent Agenda.
Enactment No: 1136 N. Garfield Str |
010897
This Matter was approved on the Consent Agenda.
Enactment No: Contract Extension/C |
010902
This Matter was approved on the Consent Agenda.
Enactment No: Pension Fund Account |
President Mueller noted that Item E on some of the Agenda's read incorrectly and |
should read as follows: Accounts payable for the date of December 20, 2001, |
$896,392.62 |
IX
Agenda Items for Separate Action
010818
Olivia Capparelli, 1S561 Stewart, stated that she lives across from the proposed project. |
She commented that she has lived there for 21 years and was concerned with living |
across from a two story medical building. Also among her concerns was the dumpster |
and loading dock facing a residential area, and she asked if the proposed landscaping |
hide the dumpster and dock area. She also asked about street improvements. |
Enactment No: Ords. 5066-5070, Res |
Senior Planner Bill Heniff stated that the landscaping plan includes a six foot wall on the |
east side which is standard that would act as a screen for the dumpster and the loading |
dock as well. |
President Mueller stated that Stewart Avenue would be fully improved. |
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 Tross asked if their stormwater, traffic plan, etc would be different if all lots were |
available now, to which Mr. Saunders responded that this would probably not affect |
those plans. He stated that the group has resized the project to the land that they do |
have and that they are purchasing lot 8, even though it is not needed. He said that they |
would like to purchase all of the properties, as the facility could be added on to if these |
properties were 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. |
It was moved by Trustee Koenig, seconded by Trustee Sebby, to pass on first |
reading, a motion authorizing the execution of an Annexation Agreement of PC |
01-23. The motion carried by the following vote: |
Aye:
Village President Willliam J. Mueller, Trustee Joan DeStephano, Trustee |
Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby, Trustee |
Kenneth M. Florey and Trustee Rick Soderstrom |
7 -
It was moved by Trustee Koenig, seconded by Trustee Florey, to pass on first |
reading: |
1. an Ordinance annexing the properties of 203 Eastgate Road, 233 Eastgate |
Road, 1807 S. Highland Avenue, and 567 S. Stewart Avenue |
2. an Ordinance amending Ordinance 4403 amending the comprehensive plan, |
3. an Ordinance rezoning the property from R1 Estate Residential to O Office |
District, and |
4. an Ordinance granting a conditional use for a Planned Development in an O |
Office District. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Karen Koenig, Trustee Steven Sebby, |
Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Richard J. Tross
1 -
It was moved by Trustee Florey, seconded by Trustee Koenig, to table item PC |
01-22 to the Board of Trustees meeting of February 7, 2002. The motion carried |
by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
010906
Mr. Lichter had no comments and deferred to Trustee Soderstrom who stated that this |
was on separate action due to the fact that there was no recommendation from |
Transportation and Safety Committee. He stated that the original motion from the |
Transportation and Safety Committee for no left turn from westbound Charles Lane was |
defeated as was a motion to restrict no left turn to certain hours. |
Enactment No: Ordinance 5055 Sign |
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. |
It was moved by Trustee Soderstrom, seconded by Trustee Tross, to waive first |
reading and pass on second reading, to approve "No Left Turn" signs to be |
posted at Charles Lane and Route 53 and to direct staff to contact IDOT regarding |
Route 53 left turn restrictions. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
010777
Trustee Soderstrom deferred to Trustee DeStephano. He stated that there already is |
right in and right out at this location. |
Trustee DeStephano stated that she pulled this item from the Consent Agenda because |
she did not see anything official on Madison. |
Trustee Tross pointed out to Trustee DeStephano the fact that Madison being |
unrestricted is not the official position of the Village. |
Enactment No: Ordinance 5055 Signs |
It was moved by Trustee Soderstrom, seconded by Trustee Tross, to waive on |
first reading and pass on second reading, an ordinance to post "No Left Turn" |
signs on Harrison Road and Route 53. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
010833
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. |
Enactment No: Multi-Way Stop at Gr |
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. |
It was moved by Trustee Soderstrom, seconded by Trustee Tross, to concur with |
the Transportation and Safety Committee not to convert Elizabeth Street and |
Grove Street to a multi-way stop.. The motion carried by the following vote: |
Aye:
Village President Willliam J. Mueller, Trustee Richard J. Tross, Trustee |
Steven Sebby and Trustee Rick Soderstrom |
4 -
Nay:
Trustee Joan DeStephano and Trustee Kenneth M. Florey
2 -
Abstain:
Trustee Karen Koenig
1 -
010834
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. |
Enactment No: "Slow, Children at P |
It was moved by Trustee Soderstrom, seconded by Trustee DeStephano, to |
overturn the recommendation of the Transportation and Safety Committee and |
install a "Slow, Children at Play", or other correct verbiage sign, west of Route 53 |
between Pleasant Lane and Meadow Avenue. The motion carried by the following |
vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Steven |
Sebby, Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Karen Koenig
1 -
XI
Executive Session
It was moved by Trustee Soderstrom, seconded by Trustee Florey, to recess to |
Executive Session 11:20 PM to discuss The Acquisition of Real Property, Pending |
Litigation and Information regarding the Compensation of a Specific Employee of |
the Village. The motion carried by the following vote: |
Aye:
Trustee Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby, |
Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Joan DeStephano
1 -
Reconvene
The Regular Meeting of the President and Board of Trustees of January 3, 2002 was |
reconvened at 12:06 AM, January 4, 2002 in the Board Room of Village Hall. |
Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President |
Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom. |
010605
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. |
Enactment No: Resolutions 95-02 & |
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. |
It was moved by Trustee Tross, seconded by Trustee Sebby, to approve the |
preliminary and final plat of subdivision as submitted, approval of the |
development agreement and subject to provisions in relation to litigation costs |
and expenses and attorney review. The motion carried by the following vote: |
Aye:
Trustee Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby, |
Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Joan DeStephano
1 -
010905
Enactment No: Amendment to the Vi |
It was moved by Trustee Florey, seconded by Trustee Soderstrom, to approve a |
third amendment to the Manager's Contract which: |
a. extends the term through December 31, 2003 |
b. provides for evaluations in April, 2003 and November, 2003, and |
c. provides for a summary of the Department Head evaluation reports, including |
the rating, to be provided to the Corporate Authorities. The motion carried by the |
following vote: |
Aye:
Trustee Karen Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey |
and Trustee Rick Soderstrom |
4 -
Nay:
Trustee Joan DeStephano and Trustee Richard J. Tross
2 -
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: |
Aye:
Village President Willliam J. Mueller, Trustee Karen Koenig, Trustee |
Steven Sebby and Trustee Kenneth M. Florey |
4 -
Nay:
Trustee Joan DeStephano, Trustee Richard J. Tross and Trustee Rick |
Soderstrom |
3 -
010907
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. |
Enactment No: Board of Fire & Poli |
It was moved by Trustee Florey, seconded by Trustee Sebby, to approve a |
request for concurrence in appointments to the Board of Fire and Police |
Commissioners of Robert Iorii, Jack Basso, and Tenny Ahn. The motion carried |
by the following vote: |
Aye:
Trustee Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby |
and Trustee Kenneth M. Florey |
4 -
Nay:
Trustee Joan DeStephano and Trustee Rick Soderstrom
2 -
010882
Trustee Florey advised the Board that he would be abstaining from the vote as he works |
with the school districts through his legal firm. |
Enactment No: Resolutions 97 & 98- |
It was moved by Trustee Tross, seconded by Trustee Koenig, to approve |
resolutions authorizing Intergovernmental Agreements between the Village and |
School Districts #44 and #45 allowing for reciprocal reporting between the Police |
Department and school districts. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby and Trustee Rick Soderstrom |
5 -
Abstain:
Trustee Kenneth M. Florey
1 -
X
Agenda Items for Discussion
None
XII
Adjournment
It was moved by Trustee Soderstrom, seconded by Trustee Florey, that the |
Regular Meeting of the President and the Board of Trustees of January 3, 2002 be |
adjourned at 12:50 AM on January 4, 2002. The motion carried by the following |
vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -