Thursday, April 4, 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
April 4, 2002
REGULAR MEETING - APRIL 4, 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 April 4, 2002 was called |
to order by President Mueller at 7:33 p.m. in the Board Room of Village Hall. |
The Pledge of Allegiance was led by Clerk 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 |
Management Assistant Melissa Mundt |
Village Attorney Janet Petsche |
Village Attorney George Wagner |
Interim Police Chief George Graves |
Fire Chief George Seagraves |
Village Engineer Dave Dratnol |
Director of Public Works Stan Rickard |
Director of Community Development David Hulseberg |
Senior Planner William Heniff |
Deputy Village Clerk Barbara Johnson |
III
Public Hearings
President Mueller changed the order of Public Participation due to the many visitors in |
attendance for the swearing in and Proclamations |
IV
Public Participation
020197
President Mueller announced the promotion of Officer Cynthia Abenante. Chief Graves |
introduced Sergeant Abenante. A swearing in ceremony was conducted by Clerk |
Kramer. Chief Graves said that Ms. Abenante had served in the Army Reserves and |
had obtained her degree in Law Enforcement Administration from Western Illinois |
University. He gave a brief history of Ms. Abenante's career with the Lombard Police |
Department including liaison to the Middle and High Schools, Accreditation Manager, |
investigations, Self Defense instructor for women, instructor at the Suburban Law |
Enforcement Academy, and Officer of the Year in 1990. He said that she has recently |
been in the patrol division on the midnight shift and was promoted by the Fire and Police |
Commission on March 26. She introduced her husband Jim who is a detective with the |
Village of Hillside Police Department, her daughters Vanessa and Jessica, her sister |
Judy, nephew Sal, and sister Sandy, who is her twin. She also introduced her friend |
Deb, an officer with the Hoffman Estates Police Department as well as her Aunt Connie, |
her Uncle Nick, her Mother Carmen, her father Jessie and Grandmother Mary. Ms. |
Abenante then introduced the many members of the Lombard Police Department in |
attendance. |
Enactment No: Swearing-in of Polic |
020171
Chief Seagraves introduced Lieutenant Vince Hanlon who described the incident which |
led to Mr. Rohloff being awarded the good neighbor award. Mrs. Kopick had emptied |
ashtray into her trash container, which started on fire. She had grabbed a pillow to |
extinguish the fire and had taken in quite a bit of smoke. Mrs. Kopick called for her |
assistance. Mr. Rohloff was in the hallway and came to help. He grabbed the fire |
extinguisher, put out the fire and opened a window. Mr. Rohloff then got a neighbor to |
care for Mrs. Kopick. Without his intervention this incident could have been tragic and |
deadly. Mr. Rohloff was presented the Good Neighbor Award, and his wife Marie and |
sons Jeff and Jimmy were introduced. He said that the neighbor who took care of Mrs. |
Kopick was his coworker, Diane. |
Enactment No: Good Neighbor Award |
President Mueller announced that John Oremus, Mayor of Bridgeview from 1955 to |
1959 recently passed away as did Ralph Barger, Mayor of Wheaton from 1971 until |
1983. President Mueller said the men had served their communities well. He called a |
for moment of silence honoring their memory and their families. |
020163
Enactment No: Proclamation - Arbor |
020172
Enactment No: Proclamation - Lomba |
020173
Enactment No: Proclamation - Child |
020187
Enactment No: National Telecommuni |
020192
Enactment No: Proclamation - Natio |
Members of the Public Who Spoke
Mary Dickson spoke as the Attorney of FBM Properties regarding the involuntary |
annexation of 2N109 Rt 53. She had expressed their concerns regarding the matter. |
Her clients are not excited about the annexation, but look forward to meeting with Village |
Staff regarding plans for their facility. She wants to work together to develop the |
property to benefit both her client, Mr. Constanza, and the Village. |
Bernadine Fitzloff 514 S. Lodge Lane spoke as resident and participating business |
owner regarding the Lombard Farmer's Market. She said she had learned that Lombard |
is hiring the French Market to run the downtown Farmer's Market and asked the Board |
why. She stated that the market has had a regular clientele of about 600 patrons |
weekly. She finds the French Market Company's fees prohibitive. She said other |
vendors say the French Market is a craft show. She said that the present workers work |
very hard as small vendors. Director of Community Development, Hulseberg said that |
Downtown Lombard United said that there was not enough interest to maintain the |
market. The former organizers have waned off and have looked for relief from running |
it. Hulseberg added that the French Market has been attracting 6 to 10 thousand people |
in Wheaton. He said that the cost of a Table is $40, and they have a good track record. |
Trustee DeStephano said she was a former market master, with Downtown Lombard |
United and understands why they need to have professionals. She asked if it is |
primarily a craft show. Director Hulseberg explained that there is everything from |
tupperware to flowers available at the French Markets. Trustee DeStephano wanted to |
investigate letting vendors share the cost and space of one table. |
Trustee Tross said all we are doing is to grant variation for the parking lot and permit. |
He said that we are not hiring the French Market. Mr. Hulseberg said that we are |
licensing the French Market as a third party, not promoting this company, and we are |
only making accommodations to allow for it. President Mueller said that Downtown |
Lombard United ran the market for six years and and that they were not going to run it |
again. He said that DLU needed to devise some other plan to keep the Market going. |
Public Hearings
020176
President Mueller introduced the Public Hearing and turned it over to Attorney Janet N. |
Petsche who explained the Petition at 701 S. Main Street and said that the purpose of |
the Public Hearing was to hear testimony in favor or in opposition to the proposed |
petition. She asked that any one wishing to speak,please step up to the podium. There |
being no one to speak for or against the petition, the Public Hearing was adjourned at |
8:07. |
Enactment No: Public Hearing-701 S |
020178
Manager William T. Lichter gave the following overview of the proposed FY2002-2003 |
budget. |
The proposed FY 2002-2003 budget was prepared based on direction from 9 different |
meetings beginning with the 2002 Strategic Plan, three budget workshops focusing on |
departmental presentations, two joint meetings of the Village Board and Public Works |
Committee, review and recommendation from the Community Promotion and Tourism |
Committee, joint meeting of the Village Board and Finance Committee, and review by |
the Finance Committee of the proposed budget. |
The proposed total budget is $52,963,854 excluding interfund transfers. This is an |
increase of $296,729 (.56%) in the proposed budget to the original FY 01-02 budget, an |
increase of $786,797 (1.51%) in the proposed budget to the amended budget, and an |
increase of $1,330,886 (2.58%) compared with FY 2001-2002 estimated actual |
expenditures. |
The General Fund budget reductions were made in July and October 2001 of |
$1,094,885 (5.4%). Those cuts affected everything from personnel to contract services. |
Page 8 of the proposed budget document lists those cuts. |
The Village is expected to end the current fiscal year with revenues exceeding |
expenditures in the General Fund by $301,598. |
Enactment No: Public Hearing-Propo |
For FY 2002-2003, General Fund revenue is expected to be $23,545,400, or |
-$734,090 (-3.02%) under the FY 2001-2002 original budget, -$873,090 (-3.58%) under |
the current year's amended budget, and $53,148 (.23%) over estimated actual revenue. |
Mr. Lichter explained that there is a recommended ambulance fee increase to take full |
advantage of Medicare reimbursement levels. The proposed budget anticipates |
receiving $100,000 in additional revenue due to the increase. |
The General Fund expenditures for FY 2002-2003 are proposed at $23,845,900. This |
reflects a decrease of -$352,760 (-1.46%) budget to budget, an increase of $294,662 |
(1.25%) compared with the current year's amended budget, and an increase of |
$346,733 (1.48%) over FY 2001-2002 estimated actual expenditures. |
He said that Departments were told to stay as close as possible to the current year's |
amended budget. Changes are as follows (excluding contingency and interfund |
transfers): |
Legislative, a decrease of $24,626 |
Central Services, a decrease of $8,835 |
Police Department $22,529 |
Community Development a decrease of $17,813 |
Public Works a decrease of $156,097 |
Pages 9-10 of the document lists the proposed reductions. They include: |
a) Full year freezing of 7 full-time positions. |
b) Leaving Vacant 6 Part Time Seasonal positions. This will impact the summer code |
enforcement program and pavement-marking program. |
c) Postponing until Mid-year the hiring of a new Fire Marshal. |
d) Delay filling one Police Officer vacancy until March 2003 and 2 vacancies until |
October 2003. |
e) Delay filling one Firefighter vacancy until March 2003. |
f) Reduce contract tree trimming from $40,000 to $10,000. This would be the second |
year that the program is cut back. |
g) Reduce tree planting from $77,000 to $50,000. |
The FY 2002-2003 budget reflects a deficit of -$300,500. This includes $108,150 in |
one-time costs. It is proposed that we use the $301,598 additional fund balance |
accrued this year to cover the deficit rather than increasing the total fund balance by that |
amount. We will still have a General Fund balance of 27.4%, as is our policy. |
Expenditures for FY 2002-2003 are proposed at $10,334,800. This is an increase of |
$98,380 (.96%) compared with the FY 2001-2002 original budget, an increase of |
$153,405 (1.51%) compared with the amended budget, and an increase of $351,423 |
(3.52%) compared with this year's estimated actual expenditures. |
We are proposing to estimate water sales revenue based on selling 1.42 billion gallons |
rather than the 1.45 billion gallons used in the past. The proposed figure is closer to the |
actual sales. |
Revenue for FY 2002-2003 is estimated at $9,737,550, a decrease of -$273,540 |
(-2.73%) under this year's estimated revenue and a decrease of -$498,870 |
(-4.87%) under the current year's budgeted revenue. |
A water and sewer rate increase of .48 (7.5%) is proposed. See page 10-11. |
Mr. Lichter explained that the increase included increased costs in Water Meter Reading |
Services, Capital Improvements, and possible DuPage Water Commission increases. |
Mr. Lichter explained that the revenues in the Hotel Motel Tax Fund were at $815, 000, |
which is $315,000 under estimates. The budget for the fund has been decreased by |
$125,000. The items included in this year's Hotel Motel Tax Fund Budget include the |
Lilac Parade, The Taste of Lombard, Cruise Nights, Prairie Path Lighting, The First |
Impressions Program and other beautification programs, various grants for a total of |
$181,000 and the Historical Museum and the Peck House in the amount of $105,000. |
Funding for The Criterium Bike Race and Entertainment for Autumn Fest have been |
eliminated. |
He said that the 10 Year Capital Improvements Plan represents expenditures of $82.8 |
Million and the first year of the program is included in the proposed FY 2002-2003 |
budget for an amount of $14.7 Million and is primarily for street repairs. |
In conclusion, Mr. Lichter said that the Finance Committee had reviewed and approved |
the budget, but had withheld recommendation regarding the Water and Sewer rate |
increase until the DuPage Water Commission approves their budget. The Commission |
will hold a public hearing on their budget on April 11. Prior to the April 18, 2002 Village |
Board Meeting, the Finance Committee will meet at 5:00 p.m. and make their |
recommendations to the Village Board in light of the DuPage Water Commission |
decision. |
V
Approval of Minutes
None
VI
Committee Reports
Economic/Community Development Committee-Trustee Kenneth M. |
Florey, Chairperson |
Trustee Florey stated that the Committee had held a joint meeting with the Finance |
Committee and the DuPage Theater Ad-Hoc Committee to review the Business Plan of |
the DuPage Theater. Several questions remain open and the Committee expects that |
the Ad Hoc Committee will have a full response to their questions in 30 days. He said |
that the second meeting regarding the Business Plan will be held on June 5th at |
7:30p.m. |
Environmental Concerns Committee-Trustee Joan DeStephano, |
Chairperson |
Trustee DeStephano reported that the Committee met on March 26. She called |
attention to the Lombard Pride and in particular a water quality article on conservation |
and protecting the environment by preventing run off of metal and nitrate sources that |
can come from our homes. She announced that the Household Hazardous Waste |
Collection will be held on April 27th at the College of DuPage. She gave the number to |
call for information as 682-7373. She explained that Collection provides the chance to |
dispose of those wastes correctly. She also announced that the Committee has |
designed a new program for recycling of bottles and cans at the Art Fair and at Cruise |
nights . She said that the program needs volunteers to make it work, and she asked |
that any one interested in assisting pleasecall 620-5740 for the Village of Lombard |
Public Works Department. She said that the date for this year's extravaganza has been |
set for Saturday, September 14. The April meeting will be held on the 23rd. |
Finance Committee-Trustee Karen S. Koenig, Chairperson
Trustee Koenig said that the Committee met with the other Committees to review the |
business Plan for the DuPage Theater. She thanked all staff and Board members for |
their contributions to the budget process and said that at the last meeting they approved |
the Budget but made no recommendation on the Water Rates. The Committee will meet |
before next Board meeting on April 18 at 5:00 pm to make their recommendation. |
Public Works Committee-Trustee Steven D. Sebby, Chairperson
Trustee Sebby informed the Board that the Committee had not met since the Board last |
meeting, but will meet on April 9th. He added that several items on tonight's agenda are |
from the Public Works Committee. |
Transportation & Safety Committee-Trustee Rick Soderstrom, |
Chairperson |
Trustee Soderstrom reported that the Committee has not met. The next meeting will be |
held on Monday, May 6th at 7:30 pm. |
Community Promotion & Tourism Committee-President William J. |
Mueller, Chairperson |
President Mueller announced that the next meeting will be held on April 18th at 4:00 pm.
Village Clerk- Suzan L. Kramer
Clerk Kramer, reporting as President of the Board of Local Improvements, said that they |
had held no meeting since the last Board of Trustees Meeting but the Committee will |
meet on Friday April 12, 2002 at 1:00 p.m., due to the DuPage Mayors and Managers |
"Drive Down" to Springfield. |
VII
Village Manager/Village Board Comments
Trustee Sebby mentioned that the Lombard Jaycees Easter Egg Hunt at Moran Water |
Park was very well attended and a fun time. He thanked the Jaycees but said he |
thought they needed at bit more organization so the adults would know what was going |
to happen. Trustee Florey commented that the Park District also held an Easter Egg |
Hunt and he thanked both organizations for the events. Trustee DeStephano thanked |
staff for the evening parking signage in the Downtown so that shoppers would not be |
confused thinking that they could not Park because of Commuters. |
Trustee Tross referred to the item regarding 701 S. Main, saying he had no problem |
with the item but that the report indicated that when Main Street is done, we would want |
to look into sewer separation (separate Sanitary and Storm Sewers). He asked if this |
sewer is designed to later go into that separated sewer. Mr. Rickard confirmed that it |
had been designed to work properly with the new the sewers when built. |
VIII
Consent Agenda
It was moved by Trustee Soderstrom, seconded by Trustee Koenig, 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 -
020169
This Matter was approved on the Consent Agenda.
020181
This Matter was approved on the Consent Agenda.
020183
This Matter was approved on the Consent Agenda.
020089
This Matter was approved on the Consent Agenda.
Enactment No: ZBA 02-01: 914 S. L |
020135
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5087 105 |
020188
This Matter was adopted on the Consent Agenda.
Enactment No: Resolutions 140-02 & |
020136
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5100 555 E |
020138
This Matter was on the Consent Agenda.
Enactment No: Ordinance 5152 Zonin |
020270
*I. Budget Ordinance for Fiscal Year 2002-2003 (Moved to IX-G)
020055
This Matter was continued on the Consent Agenda.
Enactment No: 240 East Progress Ro |
020059
This Matter was continued on the Consent Agenda.
Enactment No: 240 East Progress Ro |
020098
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5088 Parks |
020177
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5089 701 S |
020049
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5101 Permi |
020182
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 142-02 So |
020184
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 143-02 Lo |
020180
This Matter was approved on the Consent Agenda.
Enactment No: Lombard Hills - East |
020126
This Matter was approved on the Consent Agenda.
Enactment No: Proposed 2003-2012 C |
*S. Proposed Village Board Policy Memorandum - Public Works |
Response to Private Property Flooding (Moved to IX-H) |
020193
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 144-02 Du |
020199
This Matter was approved on the Consent Agenda.
Enactment No: 2001 Tax Levy Reduct |
IX
Agenda Items for Separate Action
010819
Mr. Lichter asked Director Hulseberg to review the issue. Director Hulseberg introduced |
Senior Planner William Heniff who presented an overview of the case. He explained |
that the petitioners had requested a resubdivision of the lot width and a side-yard |
setback for an existing bay window. He explained the history of the tract of land |
involved. He said that the Village determines lot width 30 feet from the Right of Way |
line. He explained the encroachment of the existing bay window. He said that the tract |
had two variations and pointed out that the remnant was created by the homeowners. |
The intent of subdividing is so a home can be built on the remnant tract. He indicated |
that the approval of this lot would be setting a precedent for lots in the area which are |
now around 107 feet. He concluded saying that Staff does not see any unique |
situations that would warrant the variations, but that Board has the authority to approve |
the variation. |
Enactment No: Ordinance 5090 1034 |
Attorney for the petitioner, Joseph Castello, spoke regarding the petition submitted by |
Dolores Keller. He said that the 1957 plat did not show the division. He said that the plat |
act of 1874 said that while you had to have a plat, it does not say that you have to |
record it. Therefore, he said, it is not required. He said the lot was 50ft by 175ft deep. |
When the previous lot was divided, it created the flag shaped lot. He said that when this |
was divided, 50 ft was considered a legal lot. He went on to say that staff decided that |
this is a "through lot" and that the front is the Division Street side. When this was platted |
there was not a lot size requirement. He said he feels they are taking away the owners' |
rights as there are other lots that are 50ft wide. He thinks this is arbitrary and capricious |
and Staff has given no moral, health or safety reason why this property cannot be |
developed as residential. |
He added that it would not change the character of the neighborhood. He said that the |
square footage actually exceeds the minimum lot size. He says that there is no reason |
to call this a remnant lot. He said that it was the petitioner's parents who did this in |
1912. She did not create this to get financial gain. In closing he said that he saw no |
reason to deny. He discounted the notion that this would set a precedent and asked |
that his client be allowed to use this property. He said that she has paid taxes on the |
property but the VIllage would not allow her to use it. |
Anthony Keller, 20 W 068 Shelly Dr., Naperville, thanked the Village Board for |
considering the request of his Aunt who is the petitioner. He told the Board that the |
property has been in the family for a century and was subdivided three quarters of a |
century before there was a Division Street in the 1920s. He gave a family history and |
highlighted that his Aunt was a World War II nurse and that this property represents her |
retirement. |
Director Hulseberg said that Mrs. Keller's signature was on the plat from 1977. |
Trustee Tross said he had read the plat book and the representation was made about |
tract 2 being a remnant lot. He said that he noted that the plat book showed that it had a |
PIN number. He asked if there is record of when a Parcel was assigned. Mr. Heniff |
answered that it was assigned when Kellers resubdivision was platted. Trustee Tross |
said that the concern is that other lots will subdivide, but this was already segregated in |
the 1920s. He said that the remnant tract is a new name and we collect taxes on all of |
them no matter what they are called, and the residents should enjoy the benefit of their |
land whether for profit or a vegetable garden. |
Trustee Florey said this situation has been ongoing and he is not persuaded that this |
was a legal lot of record before 1960 when width requirements were established. He |
said that owners can not be granted a PIN and then come to the Village to call it a lot of |
record. He said that if approved, there will be no basis to deny future subdivisions and |
that this would be against our variation policy. He said he accepts the recommendation |
of Staff to deny the petition. |
Trustee Tross questioned why they would need a variation for the window, if you deny |
the resubdivision. Director Hulseberg said there is a tax parcel line but not a lot line. In |
the event that they decide to sell the property, because of where the house is, they may |
need the variation so that an abutter can get a variation. |
Ray Kacerek, 40 W. Long Shadow, said he spoke on behalf of a neighbor of Mrs. |
Keller, Louie Prignano, who is a developer and stated that he is opposed to this |
variation. He said he feels that if the land is available to purchase in order to conform to |
the standards without a variation, she should do it right regardless of when the property |
was subdivided. He does not think that they are legal lots. He said this would not |
conform to the neighborhood. He recalled the lot on Morningside which was clearly |
legal and a petition was presented by the neighbors, but the Board denied the request |
two years ago. He said the Village should make the Kellers go to court to prove this was |
legal in the 1920s. He said that both sides should be evaluated in court. |
Attorney Costello said he did not say Mrs. Keller's father subdivided. He objected to |
Trustee Florey's comments about long standing policies. He said when this property |
was divided there was no policy and this property was not in Lombard at that time. He |
stated that the property has been in existence since 1912 and it is unconstitutional for |
the Village to deny the Keller's request. He said that the Lombard citizens would not |
want to pay for the suit. |
Trustee Florey referred to the attempt a neighbor willing to sell her 10 feet to have a |
legal lot and the Kellers have not come to economic terms. He moved to deny the |
request for minor plat subdivision, |
It was moved by Trustee Florey, seconded by Trustee Sebby, that the Village |
Board deny the request for a minor plat of subdivision. 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 Tross, that the Village |
Board waive first reading and pass on second reading an ordinance approving a |
variation for a side yard set back for a bay window with the provision that in the |
event the property is sold, a legal plat is presented to the Village within one year. |
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 -
020060
It was moved by Trustee Tross, seconded by Trustee Florey, that this matter be |
passed on second reading. 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 -
Enactment No: Ordinance 5091 & 509 |
020061
It was moved by Trustee Tross, seconded by Trustee Sebby, that this matter be |
passed on second reading. 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 -
Enactment No: Ordinances 5093-5095 |
020152
It was moved by Trustee Koenig, seconded by Trustee Florey, that this matter be |
passed on second reading. The motion carried by the following vote: |
Aye:
Village President Willliam J. Mueller, Trustee Karen Koenig, Trustee |
Steven Sebby, Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Joan DeStephano and Trustee Richard J. Tross
2 -
Enactment No: Ordinance 5096 Budge |
020090
Trustee Sebby said that he has seen the property and the structure. He sees no |
detriment to the neighborhood, in fact many neighbors have signed a petition in favor of |
the structure. Trustee DeStephano said that this property is impeccable, but she is |
concerned about run off in the Village in general. Both Trustees agreed that they would |
like new guidelines for the Zoning Board of Appeals to follow. |
Enactment No: Ordinance 5097 358 N |
It was moved by Trustee Sebby, seconded by Trustee Florey, to waive first |
reading, pass on second reading under suspension of the rules. 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 -
Trustee Sebby expressed concern that it may be on the books to deny a request in |
cases where structures will cover 10 percent of the lot, and there may be a need for |
ZBA variations, but he feels that common sense should apply. He feels that maybe the |
percentage should be increased, but it should be decided on a case by case basis. |
Trustee DeStephano added that depending on the impact on the neighborhood there |
should be variations made. |
President Mueller asked Director of Community Development, David Hulseberg to have |
the Plan Commission review the policies and report back to the Village Board. |
XI
Executive Session
It was moved by Trustee Tross, seconded by Trustee Sebby, that the regular |
meeting of the President and Board of Trustees recess to executive session at |
9:32 P.M. for the purpose of discussing: The acquisition of Real Property.. 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 April 4, 2002 was |
reconvened at 9:44 p.m. 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. |
020185
It was moved by Trustee Sebby, seconded by Trustee Soderstrom, that this |
matter be adopted. 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: Res.145-02 Grace & S |
Trustee Sebby said he felt that the terms of the acquisition were not the best, but crucial |
to the project and he wants it to move forward. |
020189
It was moved by Trustee Koenig, seconded by Trustee Florey, that this matter be |
passed on first reading. 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 -
Enactment No: Ordinance 5127 Budge |
020170
Mr. Lichter introduced the matter and asked that Director Rickard comment. Trustee |
Tross said that he had asked that this item be pulled to send it to the Public Works |
Committee before opening it to Board comments. Trustee DeStephano wanted to |
comment but agreed that she could at the Public Works Committee review of the policy. |
She did say that she wants the policy studied during the Spring because of flooding and |
not at the Committee's leisure. Trustee Sebby answered that they will have the policy |
on the May agenda |
Enactment No: Proposed Village Boa |
It was moved by Trustee Tross, seconded by Trustee Soderstrom, that this |
matter be reviewed by the Public Works Committee. 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 -
President Mueller said that Item F should be corrected to show W. St. Charles Road |
instead of Charles Road. |
X
Agenda Items for Discussion
020186
Community Development Director Hulseberg introduced the subject and said that staff |
has been studying policy and is looking at involuntary annexations along Route 53. |
Margaret Gibbs reported on the right of the Village to annex and said that the Village is |
not obligated to rezone or grant relief for zoning. She presented items for the Board's |
consideration. Ms. Gibbs pointed out that the area is within Lombard's planning |
jurisdiction and annexation of the area would help define boundary efficiencies. The |
plan is to annex larger areas at a time to encourage development, and to improve the |
quality of the area by limiting cell towers and billboards through amortization or |
redevelopment negotiations. |
She explained that while all properties have Village water, only some are connected to |
our sewers. Our ordinance requires that property owners hook up to Village sewers |
within 90 days. Ms. Gibbs added that If the properties are annexed, septic tanks must |
be abandoned and wells sealed. She said that these procedures can be expensive in |
some cases. |
Ms. Gibbs also stated that the areas being looked at may not comply with our zoning |
codes. All of the properties would go in as residence (R1) and those who are not R1 |
uses will be considered as legal non conforming. If relief is granted then the properties |
may be rezoned as appropriate. She said that Staff met with owners to explain and |
address concerns and advises individuals in the area to meet with staff so that they can |
do an evaluation of each property. Her report also expressed the owner's concerns. |
She said that the connections for the Utilities can be expensive $1,800 for short Water |
Service runs and $3,600 for long ones across Route 53. |
Enactment No: Involuntary Annexati |
Director Hulseberg asked for Board Direction to allow staff to begin negotiations rather |
than presenting any ordinances at this time. Trustee DeStephano was astounded at the |
utility hook up costs. Mr. Hulseberg said that staff would like to be extremely flexible |
and make sure that the businesses can afford the associated costs. He mentioned that |
many properties in the area are a detriment to the aesthetics of the neighborhood and |
neighbors want to have the annexations occur so that there will be relief from unsightly |
neighboring properties. Director Hulseberg said that negotiations would have to occur |
but that Staff would be flexible whenever possible. |
President Mueller explained that the high costs are due to construction costs, not our |
fees. |
Trustee Tross stated that he is opposed to forced annexations and thinks that it is better |
to have negotiations beforehand. He asked if many of these properties are enforcement |
problems, why would we want to take them on. He can't understand why the business |
people would want to be annexed so that they can be code violators. |
Director Hulseberg explained that the properties reflect badly on Lombard and are |
perceived as part of Lombard. In addition, we can better direct redevelopment than the |
County. |
Trustee Destephano agreed that often people drive through and think that this is part of |
Lombard. Trustee Florey said that without annexation, the properties would remain in |
disrepair indefinitely. |
Trustee Tross said that Route 53 and North Avenue will be subject to economic |
development and should be annexed later as properties redevelop. Trustee Sebby |
concurs with Staff and Trustee DeStephano that the perception is that this is Lombard |
and he does not feel that some of these businesses will change their ways. Trustee |
Florey asked if the properties annexing in as R1 gives us more leverage. Mr. |
Hulseberg answered that it would, to some degree. |
Trustee Tross asked if we take in enforcement issues and forcibly annex, how would we |
bring them into compliance including permitted uses and buffering. |
Mr. Hulseberg said that only one of the properties would match that description, and it |
also has bigger problems such as an uninhabitable structure and health issues. They |
would be told they have to take care of the issues or close up shop. When they rebuild |
or redevelop, they will have to come into compliance. |
Trustee Tross reiterated that he is totally against forced annexations, he said we should |
use leverage to have owners voluntarily annex. |
Trustee Sebby said that some properties like the Hackers would come forward, but the |
worst areas would likely not want to annex and the area would become more spotty. |
Director Hulseberg agreed that the enforcement properties would have no reason to |
come forward and annex and therefore nothing would improve. |
President Mueller explained that the County is not doing any enforcement, so they will |
remain in disrepair. |
Director Hulseberg said that the annexations could occur within 30 days and then Staff |
could come back to the Board with specific recommendations for individual properties, |
waiver of fees and the like. |
Trustee DeStephano indicated she is in support of the forcible annexations and asked |
for staff's flexibility with the various owners. Trustees Sebby and Florey added their |
support. Trustee Tross objected. Trustee Soderstrom had no objection, nor did Trustee |
Koenig. |
President Mueller gave the example of the Hackers property, they want to keep their |
well to water their plants, they do not have contaminated wells, and he said that Staff |
and the Board should use common sense in individual cases. |
XII
Adjournment
It was moved by Trustee Sebby, seconded by Trustee Florey, that the Regular |
Meeting of the President and Board of Trustees of April 4, 2002 at 10:33 p.m. 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 -