Thursday, July 17, 2003
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
July 17, 2003
REGULAR MEETING - JULY 17, 2003 - 7:30 P.M.
Village President Willliam J. Mueller, Deputy Village Clerk Barbara Johnson, |
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 July 17, 2003 was called |
to order by President Mueller at 7:30 p.m. in the Board Room of Village Hall. |
The Pledge of Allegiance was led by Acting Village Clerk Barbara Johnson |
II
Roll Call
Upon Roll Call by Acting Village Clerk, Barbara A. Johnson, 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 Baer |
Finance Director Len Flood |
Village Attorney Tom Bayer |
Assistant Village Attorney George Wagner |
Director of Community Development Dave Hulseberg |
BIS Supervisor Ted Klioris |
Director of Public Works Stan Rickard |
Village Engineer Dave Dratnol |
Records Clerk Diane Jantelezio |
III
Public Hearings
030423
Enactment No: Public Hearing 645 W |
President Mueller turned the Public Hearing over to Village Attorney Tom Bayer at 7:33 |
PM. |
Mr. Bayer explained the purpose of the Public Hearing regarding PC 03-20, an |
amendment to an Annexation Agreement to include site plan approval of an indoor |
swimming pool and spa for the property located at 645 W. North Avenue. He asked |
anyone wishing to speak to come to the microphone. There being none, Attorney Bayer |
closed the hearing at 7:35 PM. |
IV
Public Participation
Karl Ottosen, Attorney for the York Center Fire Protection District, gave each of the |
Trustees a letter in regard to the informal Automatic First Response Agreement between |
the Fire District and the Village. He said the agreement is no longer equally beneficial to |
both the Village and the Fire District. He said in 2002, there were one hundred and |
seventy three ambulance calls benefiting the Village versus thirty nine fire assistance |
calls benefiting the Fire District. He commented that the gap would widen further as the |
Village continues to annex properties. He said the Fire District could no longer justify |
continuing this Agreement under the current circumstances. He advised the Board of |
Trustees that the unwritten Automatic Aid Agreement would terminate on September 1, |
2003 unless the Agreement is amended to make it equitable to both parties. He said the |
Board of Trustees of the Fire Protection District would be receptive to engaging in |
dialogue on this issue with Village officials and staff. Mr. Ottosen said the Fire Protection |
District has no problem with mutual aid and also has a lot of respect for the Village of |
Lombard. He said the Fire Protection District and the Village have gotten over many |
hurdles over the last fifteen years and they are too professional not to work together. |
Andy Bonomo, Fire Chief of the York Center Fire Protection District, spoke of the rising |
call volumes and the huge burden on the taxpayers. He said he has no problem with the |
mutual aid agreement, just the first responder. He said they are in a perfect location to |
serve these people and that Lombard does not need a third fire station. He said that |
York Center starts patient care and gets zero compensation, which will only get worse |
with all the annexations. |
President Mueller confirmed that discussions that have taken place and the Chief |
agreed. |
Nancy Perek, 0S684 School Street, stated that she has lived there since 1956. She said |
she was delighted when she moved in, to see there were farms and very few homes. |
She said she has seen a lot of growth of Lombard over the years. She stated that they |
have a problem with their community well, as five homes on Ahrens Avenue are |
connected to it. She said it is not efficient. She said her water is always rusty and she |
has spent a lot of money on all kinds of equipment and the water is undrinkable. She |
spoke of two fires in the area where a water truck had to put out the fires. She |
commended the Board and said she looks forward to being in the Village of Lombard. |
030434
Enactment No: Swearing-In Ceremony |
President Mueller asked Chief Byrne to introduce the officers. Chief Byrne introduced |
Probationary Officer James Brown, who is 25 years old and a resident of Plainfield, |
Illinois. |
Officer Brown then introduced the members of his family and friends who were in |
attendance. He said he hoped to be here for a long and prosperous career in Lombard. |
Chief Byrne then introduced Probationary Officer Louis Garcia, who is 29 years old and |
a resident of Darien, Illinois. |
Officer Garcia introduced his family members and friends in attendance. He thanked |
everyone for being there and said he looks forward to being in Lombard a very long |
time. |
V
Approval of Minutes
Trustee Sebby wished to make a correction to the Minutes of June 5, 2003 of "not to |
exclude". Trustee DeStephano wished to make the correction of the June 5, 2003 |
minutes in regard to the Waste Contract that went out to bid four years ago, not two, and |
on the June 19, 2003 minutes, with a date correction for the Environmental Concerns |
Committee meeting of June. |
It was moved by Village President Mueller, seconded by Trustee Florey, to |
approve as corrected.. 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 stated that the Committee met on July 15, 2003 and the main topic was |
the Special Service District, which should be called our Main Street Program. He said |
there was a meeting held for businesses and residents and there was a great turnout. |
Discussed were the pros and cons of a Special Service District as a funding |
mechanism. He said no decisions were made and future meetings will be held as there |
is a strong sentiment to move forward. He said the next meeting of the Economic and |
Community Development Committee would be on August 8, 2003. |
Environmental Concerns Committee-Trustee Joan DeStephano, |
Chairperson |
Trustee DeStephano said that the Committee met on June 24, and the Committee is |
continuing to plan for the Fall Recycling Extravaganza. She mentioned the article on |
West Nile Virus that was in the Lombard Pride, and asked residents to please rip it off |
and keep it. She also said the sub-committee did a great job working on an article on |
water conservation. She said the Environmental Concerns Committee would meet again |
on July 22,2003. |
Finance Committee-Trustee Karen S. Koenig, Chairperson
Trustee Koenig reported that the Committee had not met since the last Board meeting |
and the next meeting is scheduled for September 16, 2003 at 7:30 PM. |
Public Works Committee-Trustee Steven D. Sebby, Chairperson
Trustee Sebby informed the Board that the Committee met on July 8, 2003 where there |
was further discussion on the street lighting program. He said staff will bring back more |
information and he hopes to present it to the Board in September. He mentioned that the |
overhead sewer grant program, which had not been revised since 1998, was discussed |
at that meeting and was on that evening's Consent Agenda. He stated that the next |
meeting would be August 12, 2003. |
Transportation & Safety Committee-Trustee Rick Soderstrom, |
Chairperson |
Trustee Soderstrom stated that the Committee met on July 7, 2003 and that three items |
discussed at that time were on that evening's Consent Agenda. He point out that Item J, |
McGuire Drive Commuter Parking Time Change, although the text said McGuire Drive |
change, the Committee expanded the proposal to change all commuter parking hours. |
He said the Committee would meet again on September 8, 2003. |
Community Promotion & Tourism Committee-President William J. |
Mueller, Chairperson |
President Mueller stated that the meeting had been cancelled due to a lack of items for |
the agenda. |
Board of Local Improvements-Richard J. Tross Acting President
Trustee Tross reported that the Board of Local Improvements (BOLI) had met that |
afternoon in a special meeting in order to place items on that evening's Consent |
Agenda. Unfortunately, he said not all items were ready to move forward. He stated |
action was taken regarding payouts for Special Assessment 216, Ahrens, Morris, |
Norton, Highridge, and Special Assessment 218, Grace, Fairfield and Edgewood, and a |
preliminary payout to move forward for engineering. He assured Trustee Soderstrom |
BOLI amended a contract and authorized a change relative to landscaping and |
drainage, which will be completed before any final payouts are issued. He said BOLI is |
scheduled to meet again on August 14, 2003. |
VII
Village Manager/Village Board Comments
President Mueller thanked Joelyn Kott, Dirk Christensen, Linda Opland and staff for all |
of their work for the Fourth of July parade, and also thanked the Lombard Jaycees and |
all who worked at the Taste of Lombard. He expressed special thanks to the Jaycees |
Fireworks Committee for the spectacular fireworks display. He mentioned that there |
were people from Naperville, Villa Park and St. Charles, Missouri in attendance at the |
fireworks. President Mueller spoke of the many Jaycees that will be recognized for their |
efforts. He thanked Dave Hulseberg and staff for their efforts on the Realtors Tour, in |
which forty-five to fifty realtors from Lombard and other towns, participated. President |
Mueller encouraged the realtors to "sell Lombard". |
President Mueller then spoke about the DuPage Water Commission. He said the |
DuPage County Commissioner Schillerstrom took a bill to Springfield to take money |
from the DuPage Water Commission. President Mueller stated that the bill was sitting on |
Governor Blagojevich's desk and has not yet been signed into law. He informed the |
Board that the Water Commission has formed a special Committee for the purpose |
refinancing bonds. When the special committee met, County representatives suggested |
financing an additional sixty seven million dollars to put in reserves. President Mueller |
mentioned a front page article in Daily Herald newspaper where the headline read "Did |
Schillerstrom Take Too Much Money?" He mentioned the meetings of the Mayors of the |
charter customers of the Water Commission which were held recently. He thanked |
everyone for refinancing just the bonds we have and not going for the extra sixty seven |
million dollars, as the residents would have to pay if the County continues to try to take |
the money from Water Commission. |
President Mueller then informed the residents of the Sacred Heart German Fest which |
was going to be held from Thursday, July 24th through Sunday, July 27th. |
Trustee Soderstrom spoke of the public participation comments at the Board of Trustees |
meeting of June 19, 2003 regarding the forcible annexations. He stated the annexation |
was being done for several reasons, such as there are water quality problems at some |
streets, as some residents have shared wells with no agreement for service, code |
violations exist for both residents and businesses. He said most importantly, this is |
Lombard, and we would like to see it as Lombard. He thought the biggest concern of the |
homeowners were dollars and cents. Trustee Soderstrom had staff run the figures on |
the properties, and after annexation, the average tax bill would increase only $162.00 |
per year. He also said that for those that already have Village water, rates would go |
down to the Village rate and would offset the increase in taxes. He stated that there is |
some question if the Board is annexing these properties for profit or the best interest of |
the residents. He said the Village receives an average of $306.00 per parcel in profit. He |
stated that the Village is not getting rich from annexations, but the annexations are being |
done for the right reasons. |
Trustee DeStephano talked about the no left turn issue that was raised at the June 19, |
2003 Board of Trustees meeting. She said a comment was made at that time that she |
supported closing all left turn lanes south of St. Charles, and that was not true. She |
stated that she researched the meetings of the Board of June 21, 2001, January 3, |
2002, January 31, 2002, June 6, 2002, and September 5, 2002. She mentioned |
particularly the January 3, 2002 meeting. She stated that Charles Lane was in District |
Two at the time. She said this Village considered closing Charles Lane as requested by |
Trustee Tross and she was assured three times that Madison would remain open. She |
said this has inconvenienced many to help a few. She wanted her constituents to know |
that she only voted to close Charles Lane because she was assured that Madison would |
stay open. |
Trustee Tross spoke about the agreement for stormwater detention for the |
Morris/Crescent area and said that there is still one property agreement lacking. He said |
that residents have expressed concern. He also spoke of the Flowerfield's sanitary |
sewer that runs through Flowerfield into Glenbard Wastewater, and said that many |
unincorporated residents are tapped into that. He stated that there are approximately |
nine homeowners that reside in incorporated Lombard that have received an exorbitant |
bill from the County Public Works Department of $1.26 per day plus surcharges, and the |
County suggested in a letter to residents that it is due to the Village of Lombard. |
Trustee Tross mentioned that there will be no Italian Fest at Christ the King Parish, but |
there will be a Parish picnic, August 10, 2003, with non-parishioners welcome. |
President Mueller asked Trustee Tross if he had a copy of the letter from the County |
that went to residents. |
Mr. Lichter commented that the letter from the County was inaccurate. |
President Mueller stated that he hoped the residents know what is going on at the State |
and County level. He said that a payout had to be approved by the Glenbard Waste |
Water Association because of a new tax that legislators have passed on sanitary |
facilities and our plant is going to cost us close to 50% of $77,000.00 due to unfunded |
mandates. |
President Mueller then talked about a letter sent to residents from Waste Management |
regarding a rate increase. He said the State has passed on to haulers dumping fees |
which will be passed on to us, as they continue to tap into our resources. President |
Mueller said we will continue services to the best of our ability at the lowest possible |
cost. |
Trustee DeStephano thanked the Transportation and Safety Committee for the |
recommendation for changes to commuter parking times so people can shop and park. |
She also thanked Trustee Sebby and the Committee for the variance on the sidewalk |
policy for 44 S. Columbine, on that evening's agenda, as the sidewalk doesn't really go |
anywhere. She said she would like to see eleven foot lane width at the St. Charles |
intersection and have it taper as it goes to Route 53 if possible. She asked if there was a |
consensus to reconsider lane width at the intersection. |
President Mueller would refer it to Mr. Lichter, who in turn could refer it to IDOT. |
Village Manager William T. Lichter commented that the issue is about twenty-five to |
thirty trees on the west side may be lost. IDOT is looking at the issue as well as if the |
turning lanes could be reduced to eleven feet. He commented that IDOT will not |
consider it unless it is in the form of a written request. He stated that IDOT is also |
considering the turning radii. |
President Mueller said that an item could be added to the agenda to authorize the |
drafting of a letter. |
Trustee Tross wondered if it would not be better to direct a letter to IDOT after it comes |
to a public meeting. |
Trustee Sebby felt that the redesigning had to go through engineering. |
Village Engineer Dave Dratnol said it was questionable if IDOT would consider this. He |
did say that the request would have to be in writing and could be done in advance. |
Trustee Soderstrom said he that he would like to get feedback from staff and questioned |
if it was put on that evening's agenda, was there consensus of the Board to do this. |
President Mueller suggested requesting IDOT to look at saving as many of the trees as |
possible and reduce the width of the lane. He said this would not be making a |
commitment, just for them to consider the issues. |
Trustee Florey thought this made sense, |
President Mueller asked if there was consensus of the Board to send a letter to IDOT to |
look at these options and come back to the Village with suggestions. |
There was consensus of the Board to have staff send a letter to IDOT to consider saving |
trees and reducing lane width. |
VIII
Consent Agenda
It was moved by Trustee Soderstrom, seconded by Trustee Sebby, to pass the |
Consent Agenda, to suspend the rules, waive first reading and pass on second |
reading, waive competitive bidding and award contracts approve and adopt |
resolutions as needed for the following items and as read by the Clerk on the |
Consent Agenda. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
Rick Soderstrom |
6 -
030386
This Matter was approved on the Consent Agenda.
030387
This Matter was approved on the Consent Agenda.
030394
This Matter was approved on the Consent Agenda.
030402
This Matter was approved on the Consent Agenda.
030404
This Matter was approved on the Consent Agenda.
030435
This Matter was approved on the Consent Agenda.
030391
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5316 576 |
030397
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5336 Stop |
030398
This Matter was approved on the Consent Agenda.
Enactment No: Stop Signs on Taylor |
030399
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5336 Commu |
030436
This Matter was approved on the Consent Agenda.
Enactment No: 44 S. Columbine |
030363
This Matter was approved on the Consent Agenda.
Enactment No: Overhead Sewer Grant |
030388
This Matter was approved on the Consent Agenda.
Enactment No: Illinois Prairie Pat |
030400
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5317 Dispo |
030414
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5318 Dispo |
030395
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 15-04 Lif |
030401
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 16-04 Int |
030405
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 17-04 Mea |
030407
This Matter was approved on the Consent Agenda.
Enactment No: 2360 Fountain Square |
030408
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 18-04 236 |
030409
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 19-04 DuP |
030413
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 20-04 19 |
030421
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 21-04 Hig |
030422
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 22-04 No |
030379
This Matter was passed on second reading on the Consent Agenda.
030415
This Matter was approved on the Consent Agenda.
Enactment No: Concrete Rehabilita |
030417
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5320 Artic |
030418
This Matter was waive first reading, pass on second reading under suspension of |
the rules on the Consent Agenda. |
Enactment No: Ordinance 5321 One |
030419
This Matter was waive first reading, pass on second reading under suspension of |
the rules on the Consent Agenda. |
Enactment No: Ordinance 5322 Sewe |
030420
This Matter was waive first reading, pass on second reading under suspension of |
the rules on the Consent Agenda. |
Enactment No: Ordinance 5323 Mech |
030426
This Matter was approved on the Consent Agenda.
Enactment No: Water/Sewer System S |
030427
This Matter was approved on the Consent Agenda.
Enactment No: Fire Hydrants |
030428
This Matter was approved on the Consent Agenda.
Enactment No: Emergency Sewer Repa |
030429
This Matter was approved on the Consent Agenda.
Enactment No: Water Meters |
030430
This Matter was approved on the Consent Agenda.
Enactment No: Sewer Rodding |
030438
This Matter was approved on the Consent Agenda.
Enactment No: FY 2004 Cracksealing |
030439
This Matter was approved on the Consent Agenda.
Enactment No: FY 2004 Sewer Televi |
030406
This Matter was approved on the Consent Agenda.
Enactment No: 101 W. 22nd Street |
030416
This Matter was approved on the Consent Agenda.
Enactment No: 919 N. Garfield |
IX
Agenda Items for Separate Action
030249
Trustee Florey stated that clean up should begin August 5, 2003 and should take about |
ninety days. He said he looks forward to the business being open next spring and the |
owner is looking for a tenant. |
Enactment No: Ordinance 5324 506 E |
It was moved by Trustee Florey, seconded by Trustee Soderstrom, to pass on |
second reading PC 03-11, 506 E. St. Charles Road, Scoop's Ice Cream, approval of |
conditional use to allow for the re-establishment of the legal nonconforming |
status of an existing building in the B4 Corridor Commercial Shopping District. |
(DISTRICT #5). 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 -
030382
Mr. Lichter explained that Mr. Heniff had made a presentation at the June 19, 2003 |
meeting on this topic, but due to the lateness of the hour at that time, no discussion took |
place, and there are some questions left unanswered. He turned the discussion over to |
the Director of Community Development, David Hulseberg. |
Mr. Hulseberg said that there are two areas about which staff has questions and they |
are looking for direction on a third. He said that first; staff is seeking direction as the |
opportunity exists for annexing I355 from Butterfield to the Northernmost Village limits at |
Northgate Plaza. He explained that the Village of Woodridge has been successful in |
acquiring I355 in their jurisdiction. He further explained that the Tollway is within the |
territory of our Boundary Agreement with Glen Ellyn. He said that it may be a good time |
for annexation. Mr. Hulseberg told them that it would only be the Tollway itself, not |
properties. He explained that the Lombard Fire and Police Departments already serve |
this area. He told the Board that it would require significant legal work, but said that it |
would secure the boundary to the West for the future |
Trustee Tross emphasized that while he supports rounding off boundaries, since this |
western boundary effects Districts One, Two, Three and Six, he said he was thinking |
about the unincorporated areas around Charles Lane, Harding and Madison as well as |
the areas west of Route 53, some of which are in Flowerfield. He said that people may |
become overly anxious and disturbed. He does not want this action to become the |
starting gun to forcible annexations. He said he would support annexing I355. |
Trustee Florey said he also supports annexation as it does include a couple of areas |
that we have been working with the County to clean up and some facilities we have |
wanted to keep out. He asked if this would include the proposed storage facility. |
Enactment No: Update on Annexation |
Mr. Hulseberg responded that it is a separate area, it would only be the Tollway itself. |
Trustee Florey commented that hopefully we can address areas that have given us |
trouble. |
President Mueller asked if there would be any disadvantages to the annexation and |
wanted to clarify that if we take in the Tollway we would not take in anything west. |
Director of Community Development David Hulseberg responded that there would be no |
disadvantage but it would actually strengthen the Village's position for future |
annexations. |
Trustee DeStephano questioned how this would strengthen our position and asked if |
there were legal issues. |
Director Hulseberg explained those boundary agreements last for a 20-year period, and |
eventually have to be renegotiated, to annex the Tollway would mean that Lombard |
would have the areas within our boundary agreement in perpetuity. |
President Mueller mentioned that some areas that are not in our area for annexation but |
that of Glen Ellyn. |
Mr. Hulseberg responded that we would not look for annexation of those areas, but |
would assist in getting those areas platted. |
President Mueller asked if we would work with the other municipalities, annexing the |
Tollway to the centerline. |
Director Hulseberg replied that the whole Tollway would be in our area, we would annex |
the full right-of-way. |
Trustee Sebby inquired as to the increase in cost for Public Works services. |
Mr. Hulseberg assured the Board that there would only be legal and platting fees and a |
one-time fee for recording, but no cost for maintenance. |
President Mueller wanted clarification that once the retention ponds come into Lombard |
we would not have the responsibility for maintenance. |
Mr. Hulseberg affirmed that clarification is correct, even though the Tollway would be |
within the Corporate Limits of Lombard, the Tollway Authority owns it and would have |
the responsibility for its maintenance. |
Director Hulseberg then referenced the map provided in the packet and pointed out |
areas F, H, I and N. He said that the Economic and Community Development |
Committee had recommended that the Village offer an economic incentive program that |
would allow for sales tax and property tax to be rebated back to these businesses to be |
used for beautification and life safety improvements. These incentives would encourage |
the properties to annex to the Village so that the Village can see to it that the properties |
are improved. He said that they would need approval by the board and the monies |
would be held in escrow. |
Trustee Soderstrom stated that he could only approve this plan if Board approval does |
not mean that these incentives would be offered carte blanche to all businesses, an |
unofficial policy to be used by the Community Development Department, but to be |
decided on a case by case basis. |
Trustee Tross echoed Trustee Soderstrom's opinion that this should only be done on a |
case by case basis with the approval of the Trustee of the District before it comes before |
the Board. He mentioned that incentives had only been given in the past to Von Maur |
and the Toyota dealership, and feels that this item is best left to individual cases. He |
further stated he is not in favor until he knows the specific property. |
Trustee Florey said that when the issue was reviewed by the Economic and Community |
Development Committee, they viewed the program favorably as the perception is that |
these properties on Roosevelt Road are already in Lombard. This is a way to get those |
businesses into our town, beautify and improve the area, get the locations up to code |
and receive sales tax revenue. Under the right circumstances, on case by case basis, it |
could be a tool for staff to approach business owners. |
Trustee Koenig said that the program should not be administered carte blanche. She |
said that this program can be differentiated from the Von Maur and Toyota incentives, as |
they were not for the gain of sales tax but an incentive to stimulate the economy. She |
agreed that there are a number of businesses that are out of compliance because the |
County does not exact the same standards that we do. She said she likes this plan |
because it gives the village a way to overcome any resistance from property owners |
about annexing and bring properties into the village. |
Trustee DeStephano asked David Hulseberg if a property is being considered and said |
that these cases should be worked out with the Board before anything is initiated. |
Mr. Hulseberg responded that prior to annexation, terms of agreement would come |
before the Board. He explained that the Board's approval of the concept is requested |
but the department would not be empowered to proceed with any property by receiving |
the Board's approval of the concept. |
Trustee DeStephano made the clarification that this does not mean that Mr. Hulseberg is |
empowered to enter into any agreements. |
Mr. Hulseberg said that he just wants agreement from the Village Board to bring the |
concept forward. |
Trustee Soderstrom explained that he does not want this offered to any businesses in |
his District without his consent and Board of Trustee approval. He wants each case to |
come to the Board. He said that Board approval would not be given before the Board is |
assured that nothing will be offered to the property owners first. |
President Mueller agreed saying that we generally do not offer incentives, he does not |
want to see offering sales tax to a hot dog stand or that type of business, but in a case |
where there is redevelopment occurring on Roosevelt Road on a case by case basis. |
He agreed that before incentives are offered, the Village Board should know. |
Trustee Koeing said that it is her understanding that the Board agrees with the concept. |
She spoke of past boards who disagreed vehemently with subsidies of sales tax. |
The President stated that the Board's position has not changed. He said that Lombard |
does not offer incentives to annex in general, but individual cases may come forth where |
this could be used. |
Trustee Tross said that the concept of using every tool available to benefit the Village is |
good and this will be something that is in our arsenal to use. He would question anyone |
that is considering annexation along Roosevelt Road if they said we'll annex if we get |
sales tax rebates. |
Trustee Sebby said that while he supports concept, he has concerns about giving back |
sales tax. |
Director Hulseberg then introduced the subject of Board direction regarding the |
Congress Knolls Subdivision. |
Trustee Koenig said that she has talked with Mr. Hulseberg about this. She said she |
felt that if we hold Congress Knolls, or a similar subdivision, to our usual standards to |
require curbs, gutters, sidewalks and street lighting, it would severely the alter the |
character of the neighborhood. She would not want them to be required to undergo the |
same improvements as in newer neighborhoods. |
Trustee Soderstrom agreed with Trustee Koeing, saying that when the two sides get |
together on a voluntary annexation, these issues can be handled in an annexation |
agreement. |
Trustee Tross said that it would be important for them to know that it would be their |
choice. He said that Congress Knolls is a well-maintained gorgeous area, they should |
come to us, we won't be eyeing it. He said we should hold to the standards that they |
have. He said that some of the subdivision's covenants may be unenforceable. |
President Mueller said that it is zoned estate said would look at that as an exception and |
leave it zoned estate. He said that we are starting to get some interest from the south |
end of Congress Knolls because of water issues. |
Trustee DeStephano asked for examples of their covenants. |
Trustee Tross explained that they dealt with things such as the size of the lots, fencing, |
mandatory membership in a homeowners association, agreements with Township |
Highway Commission. He said that others deal with front yard and tree maintenance, |
culverts and mailboxes. Some may or may not be enforceable standards. He explained |
that the Congress Knolls Homeowners' Association has been in existence for 50 some |
years. They don't want the individuals in the entire neighborhood to live by their own |
standard. |
President Mueller said that we have worked to help the Congress Knolls residents in the |
past, giving the example of installing pork chops when Fountain Square was developed |
to limit traffic into their area. |
Trustee Tross said that one of the residents' of Congress Knolls' biggest concerns is |
that developers may be looking at developing townhomes on 22nd Street and Meyers |
Road back to School Street. They feel that townhomes such as the ones that were built |
on Meyers Road would change the character of the neighborhood. |
President Mueller said that the former Mayor of Oakbrook Terrace allowed that to |
happen before a boundary agreement was in place, not this Board. |
Trustee Tross said that if developers are eyeing Meyers Road, he hoped we would not |
allow them to over build the area. |
Trustee Soderstrom said that Trustee Tross could relax on that and rest assured that it |
is not the direction of this Board for that to occur. |
Mr. Lichter asked for clarification as to whether should staff spend time on Congress |
Knolls or see what happens. |
Director Hulseberg said that staff is not asking for further direction at this time. |
030373
Dave Hulseberg explained the location of the property and gave it's history. He also |
explained that this is a new franchisee of Marriott and went over the addition for the pool |
and spa. |
Trustee DeStephano said that she thought this is fine and is an asset. She |
recommended approval. |
Enactment No: Ordinances 5325 & 53 |
It was moved by Trustee DeStephano, seconded by Trustee Soderstrom, an |
Ordinance authorizing the execution of an amendment to an Annexation |
Agreement relative to PC 03-20, 645 W. North Avenue, with a waiver of first |
reading. (2/3 of Corporate Authorities Vote Required). 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 DeStephano, seconded by Trustee Soderstrom, to |
approve an Ordinance amending Ordinance number 4538, adopted September 3, |
1998, granting a conditional use for a Planned Development and Conditional Use |
approval for a hotel in the O Office District relative to PC 03-20, 645 W. North |
Avenue, with a waiver of first reading. 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 -
030440
Director Hulseberg explained that staff has received comments from Trustees |
DeStephano and Florey as to enforcement of this section to have petitioners obtain plats |
of re-subdivision in all cases. He said that they understand the concerns of the Trustees |
and are suggesting changes to facilitate a more resident-friendly approach. He said that |
staff suggests that when there is construction of a principal structure, there still be a |
requirement for the property to be a legal lot of record. |
Mr. Hulseberg said that in section B they propose a change rather than using the |
measurement of 50% of fair market value, determined by square footage. Any |
construction under 300 square feet, which would have an approximate cost of $50,000 |
no lot of record would be required. In section C any construction of an accessory |
building over 800 square feet, a lot of record would be required. Mr. Hulseberg |
explained that this has to go before the Plan Commission but they are looking for Board |
direction before they send the matter to the Plan Commission. |
Trustee DeStephano thanked staff for the work they have done on this matter. She |
stated that she had requested this revision as her District (District 1) has a lot of older |
properties that are tax subdivision lots and not lots of records. She said that the interest |
rates are low right now and many people want to take advantage of those rates and |
improve their homes. She said that to have a new survey done is in the range of |
$700-$800 and in addition, there are recording fees with the County. She explained that |
many residents are complaining because if they are doing a smaller construction job, |
such as adding a porch, they feel they are being penalized by having to pay these fees. |
She said that she likes what staff has come back with. She feels this will ease the |
burden to taxpayers that want to improve their home. |
Enactment No: Section 155.220 of t |
Trustee Florey said that District 5 has similar situations where an original owner |
subdivided, no one was aware it had been done, and people later find that their lot is not |
a lot of record. They may only find out when they want to build a garage or an addition. |
He said it is frustrating. He said that when the homeowners are making large |
investment, it becomes more appropriate to have them obtain a lot of record. Staff |
hears a lot of grief about this because our rational is not as clear as on other issues. He |
said he thinks this is an excellent compromise to remove some red tape and |
unnecessary burden to the residents. |
Trustee Sebby asked David Hulseberg if someone owns a lot and they come in for a |
permit, do they have to bring in plat of survey. |
Mr. Hulseberg said that if a resident is putting in an addition or accessory structure. |
Trustee Sebby wanted clarification that they propose to waive that requirements on |
certain types of new construction. |
Mr. Hulseberg said that only on those properties that meet these revisions. On larger |
additions or structures, we will make sure the plat that they are providing is a lot of |
record. He said we would be liberalizing the code with regard to smaller projects. We |
will still accept their plat on smaller projects. |
Trustee Sebby asked if the plat does not have to be current. |
Director Hulseberg explained that if a survey has a surveyor's stamp, it's been accepted. |
He said that we have accepted aerial photo from village records if no plat has been |
available. He stated that on larger types of projects, residents will need to go through |
the expense which will clarify that their property is a legal lot of record. |
Trustee Sebby asked what potential liabilities reducing the requirements would cause |
the Village. |
Mr. Hulseberg answered that it would cause none. He explained that the petitioner has |
the obligation to provide information that is true and correct. |
Trustee Soderstrom offered an example from District 6 where a resident did not have a |
lot of record and wanted to put a deck on his pool. The resident had to get a survey for |
a lot of record for that small project. He said that this enforcement was not resident |
friendly and these changes will eliminate bureaucracy that is unnecessary. |
Trustee Tross wanted to make clear that just because someone has a plat of survey |
does not mean it is a lot of record. He will support the changes and hopes that the Plan |
Commission will as well. He explained that when this very strict guideline, that the |
residents must obtain a lot of record was imposed, it was done because of the many tax |
assessment parcels and this was done to protect homeowners on 48 foot lots that are |
non-conforming to our current standard. He explained that if that situation exists and |
the home burns the petitioner would have some tough times obtaining variations. When |
people request to build on smaller lots we turn them down. He asked them to imagine |
how many lots would have to go through variation procedure if the lot is less than 60 feet |
and not a lot of record. |
President Mueller asked Trustee Tross about many lots on Morningside when the |
Village took a whole block of properties and made them lots of record. He asked why |
we can't do that in other areas. |
Trustee Tross replied that the Board had denied a variance and then went back and |
made certain they were lots of record. He also said that there are many lots that do not |
meet current code and are not lots of record. |
Director Hulseberg said that he made a good point and suggested that Community |
Development will have a handout made to hand out when the petitioner does not have a |
lot of record. |
President Mueller said that it would be to the petitioner's advantage to have a lot of |
record. He said that there are cases where if the resident did not have a lot of record, |
their insurance companies would not pay claims. |
Trustee DeStephano said she hoped that taxpayers would want the lot of record and |
that with our wonderful fire department, fire would not be a problem. She also said that |
for the smaller project this would be less cumbersome and more customer friendly. |
President Mueller reminded her that the area has the oldest homes that are more |
susceptible to fire. He added that we are trying to help residents, but asked if we are |
creating a problem for the neighbors. He sited situations where a deck was installed |
improperly and a fence was infringing on a neighbors property. He said the neighbor |
whose property the fence was installed on was elderly and very upset. |
Director Hulseberg said that it is the homeowners' responsibility to know their property |
lines, adding that the Village does not have surveying staff to be able to monitor the |
property lines. |
President Mueller asked that since we are not monitoring and not requiring a lot of |
record, are we creating a problem. |
Mr. Hulseberg answered that there is always a risk, pointing out that builders have built |
where they aren't supposed to and had to come to the Board for variations. |
Trustee Florey gave the example of two neighbors who put up garages, one had a lot of |
record and one didn't. The one who did not have a lot of record would have to pay $700 |
for a survey while the other neighbor did not. While the problem of putting a fence on an |
inaccurate survey can happen, we are trying to eliminate some of the hoops He said |
the only benefit he is hearing is that if a house burns down, you don't have to go through |
a variance process. We have some minimum requirements that we don't strictly apply, |
while everyone should have a lot of record, we are just moving the requirements up to |
the bigger projects. |
Trustee Sebby said that while he is concerned about making building additions in the |
Village of Lombard over burdensome, he thinks that the proper documents should be |
required. He stated that he does not support these changes. |
President Mueller said that he often gets calls from people doing their driveways, is this |
going to apply to that too. He asked where do we stop. He said that while he supports |
trying to eliminate any steps that hinder our residents, he is also concerned about those |
they may infringe upon. |
Trustee Soderstrom explained that we are not waiving the requirement for a plat of |
survey, simply not requiring the properties to become a lot of record. |
Trustee Koenig, added that if staff provides the homeowner with information that they |
aren't a lot of record, she would like to see some verification that the homeowner |
received the information. |
President Mueller asked if Community Development could send certified letters so that |
we know the homeowners have been given the information. |
Trustee DeStephano made motion, seconded by Trustee Tross |
Trustee Tross asked Attorney Bayer, if this could be moved ahead sooner considering |
the building projects that are waiting to move forward, because this won't become law |
until at least October. |
Trustee DeStephano said that they are working under a bond, they can continue their |
projects but they are liable. |
Trustee Tross said that since we want to be resident friendly let them start their projects |
this weekend. |
President Mueller said that is good to have the bond as we need to protect ourselves. |
Trustee Florey explained that although they are changing a rule that will make it less |
expensive for homeowners, there are some already in the process who have had to |
purchase a survey. He said that the Board is sorry that some residents have gotten |
caught up in the old way of doing things. He said that it was not the fault of staff and |
that as soon as it was brought up, staff responded. |
Trustee Tross asked them to think of the number of tax parcels, if we don't have lots of |
record, we will be inundated with a lot of tear downs and homes being built where they |
should not be. |
Trustee Sebby restated, for clarification, that his position is that he is not in favor of the |
change and we should maintain what we currently have. |
It was moved by Trustee DeStephano, seconded by Trustee Tross, that this |
matter be referred to the Plan Commission as amended by staff with the direction |
to have staff send a certified letter to the homeowner when their lot is not a lot of |
record. The motion carried by the following vote: |
Aye:
Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen |
Koenig, Trustee Kenneth M. Florey and Trustee Rick Soderstrom |
5 -
Nay:
Trustee Steven Sebby
1 -
030441
Manager William Lichter introduced the topic of Route 53 Median Cuts, explaining that |
there were some items left open in regard to Route 53 at the last meeting. He said that |
IDOT has presented some options and they are looking for direction from the Village |
Board. He called upon Village Engineer David Dratnol to present the details of those |
options. |
Mr. Dratnol explained the two alternatives for left turns at Route 53 and Pleasant and the |
option of a left turn at the Church of the Nazarene in terms of traffic flow. He said that |
from staff's perspective, the preferred location is at Pleasant rather than at the church. |
He added that another drawback to both is the additional cuts will necessitate the taking |
of additional right-of-way. He said that this would be especially true of the median |
opening at the church entrance. The property most effected would be on the East Side |
of Route 53 across from the church. |
Trustee DeStephano inquired as to how much property would be required for that |
median cut. |
Mr. Dratnol responded that we are unable to determine the quantities from the |
preliminary sketch. |
Trustee DeStephano said that she would like to see a lot of cuts and a light, although |
she said she did not favor them taking more property. The median effect will be |
attractive and create the appearance of a boulevard, but she doesn't want the residents |
to be inconvenienced and have to travel quite a distance to turn around. She added that |
if it slows traffic, it would be good, saying we do not need a superhighway, we have 355 |
for that. She said she would like to see staff pursue the two median cuts and a light. |
She asked staff to determine what square footage would be taken. |
Enactment No: Illinois Route 53 Me |
David Dratnol reminded the Board that if additional curb cuts are added, that will effect |
the warrants that support getting a traffic signal and added that IDOT will not put in a |
traffic signal unless it is warranted. |
Trustee DeStephano asked what the criteria are to warrant a signal, whether it is |
hundreds or thousands of cars per hour. |
Mr. Dratnol responded that there are six or eight criteria that could be applied and they |
are published. |
Trustee Tross said that he lives on a four-lane highway and can sympathize, but this is a |
State Highway. If you continue to request additional cuts, you may as well go with the |
5-lane scenario. There can be too many curb cuts, which would create a traffic hazard. |
The median concept here is to facilitate a protected left turn. He said he supports the |
original plan. He said he hopes to continue to look at supporting the position of safe |
traffic turns in the southwest quadrant and get Madison involved in this project. |
Trustee Soderstrom said that he agrees that with more curb cuts, while people do need |
access, you are defeating the purpose of a raised median. He also said that the curb |
cut belongs at the intersection not at the church. He would like to see lights at Meadow |
and at Madison. He said that he supports Staff's position that with two curb cuts there |
would be more potential to possibly lose a light. |
Trustee Florey said there are some long stretches where people will have to make U |
turns; it makes sense to accommodate a facility that has high traffic volume for safety. |
He said we should allow the second curb cut saying that we have other medians with |
curb cuts to accommodate access. He used the example of South Main Street, (south |
of Roosevelt Road). He said he wants traffic to flow but not at the expense of residents. |
President Mueller said that the maximum stretch is two blocks. |
Trustee Sebby agreed that we do want traffic to flow, but to flow safely. He said the |
more curb cuts that are installed, the greater potential for increase of risks to the public |
and residents. He said he supports Staff's original plan |
President Mueller explained that IDOT has told us that Meadow does not meet their |
requirements for signalization. He said that we have continually told IDOT that we want |
a light there and at Madison. He added that IDOT is running new surveys. |
David Dratnol said that IDOT's preliminary studies didn't support a signal at Meadow but |
Staff has asked IDOT to consider and evaluate what the numbers would be if that was |
the only light, with the contention that signalization would be warranted in that situation. |
President Mueller said that we have brought up our request for three lanes continually |
and that if the plan calls for anything more, we want signals. He said that by asking for |
more curb cuts, we may jeopardize our chances for signalization. |
Trustee DeStephano asked what the requirements are and if we were some 20% lower |
in the numbers of cars than the warrants or some other figure. She said she would like |
to see the numbers they use. |
Mr. Dratnol answered that we don't have numbers, they have criteria for traffic on main |
streets as well as side streets, the amount of delay and distributions of traffic. They look |
at specific requirements and a number of criteria |
Trustee DeStephano stated that she would like to see the numbers and Mr. Dratnol |
responded that he could get them. |
President Mueller cautioned that if we keep going to IDOT with questions and making |
additional requests, we won't get what we want. He stated that the Village wants to |
make sure we get what we want for Route 53. |
Trustee Tross reminded the Board that we have skewed the numbers by prohibiting |
left-hand turns. |
It was moved by Trustee Tross, seconded by Trustee Koenig, that the Village |
Board accept Staff's recommendation regarding median curb cuts on Route 53 |
between North Avenue and St. Charles Road. The motion carried by the following |
vote: |
Aye:
Trustee Richard J. Tross, Trustee Karen Koenig, Trustee Steven Sebby |
and Trustee Rick Soderstrom |
4 -
Nay:
Trustee Joan DeStephano and Trustee Kenneth M. Florey
2 -
030431
Trustee Sebby had no objection.
Enactment No: Ordinance 5327 Alley |
It was moved by Trustee Sebby, seconded by Trustee Tross, to approve an |
Ordinance vacating a portion of a public alley (31.4 feet) located between Grace |
Street and LaLonde Avenue, north of North Avenue (north of 404 E. North |
Avenue) with a waiver of first reading. (3/4 Vote of the Trustees Required - 5 of 6). |
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 -
030444
Mr. Lichter explained that this is a follow up to a previous discussion.
Enactment No: Downtown Lombard Cur |
Mr. Hulseberg went through the report on the Hammerschmidt property. |
Trustee Soderstrom said this deserves due consideration as this is a very serious item, |
and thought this particular item should be workshopped at a separate time. |
Trustee DeStephano said it would have to be televised. |
Trustee Tross stated that he believed this should be a workshopped or Committee of the |
Whole item, but he had a problem discussing privately owned property. |
President Mueller thought it would make sense to wait for a developer to come in and |
look at the issue and workshop at a later time. He thought it would be best to let the |
developer come to us. |
Trustee Tross suggested a market driven community. |
President Mueller said that staff should come to the Board when there is interest. |
030433
Enactment No: Salary Increase, Vil |
It was moved by Trustee Soderstrom, seconded by Trustee Sebby, to approve a |
motion to confirm a 2.2% salary increase for the Village Manager. 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 -
030448
President Mueller announced that on July 21, 2003, TIF One East and TIF Two West |
would be available at the Community Development office. |
Enactment No: St. Charles Road, TI |
X
Agenda Items for Discussion
030437
Mr. Lichter explained this is one of the implementation steps in the 2003 Strategic Plan |
which provides for the development and implementation of a process for bringing |
citizens and leaders from various community groups and agencies together in a |
community-wide planning process. Mr. Lichter suggested that the Community Forum |
would be comprised of a total of fifty-six participants, three members invited by each of |
the Trustees, the Village President and the Village Clerk, two members from each of the |
following committees: Economic and Community Development, Environmental |
Concerns Committee, Finance Committee, Public Works Committee, Transportation and |
Safety Committee, |
Enactment No: Community Forum |
Community Promotions and Tourism, Historic Commission, Plan Commission, and |
Zoning Board of Appeals. The following Committees would invite one member per |
Committee, Board of Fire and Police Commissioners and the Board of Local |
Improvements with two representatives from each of the following governmental bodies: |
School District 44 School District 45, School District 87, School District 88, Helen Plum |
Library and the Lombard Park District. |
Mr. Lichter suggested the dates of Saturday, October 4, 2003 or Saturday October 11, |
2003 and the proposed time would be 8:30 am to 12:00 pm. He suggested a forty-five |
minute overview of what is going on in Lombard with the groups to identify key issues, |
and discuss ideas for the future. Staff would consolidate the information into a document |
that would be distributed and used by the Board of Trustees during its annual strategic |
planning session. |
Trustee Koenig thought the three members that each Trustee chose should come from |
his or her District. |
Trustee Soderstrom said that this was an excellent idea and concept, and that Trustee |
Florey and himself had attended a planning session of District 45 and it's proven to be |
very productive. |
Trustee Florey commented that this would get more community buy in and new ideas. |
Trustee Sebby was concerned about getting this all done in a four hour time frame, but |
he felt that input from citizens will expand the opportunities that the Board has for the |
Village of Lombard. |
President Mueller stated that the concept was a good one, but it would be difficult to get |
volunteers to come and sit for four to eight hours as the Board of Trustees does. He felt |
it is great to bring residents in for direction. |
Trustee Koenig thought this was an excellent idea, and stated that District 44 has done |
this for quite a some time now. She said it was important for the Board to bring in the |
opinions of other governmental bodies. |
Trustee Tross was also concerned with fifty-six people, plus staff, and the Board of |
Trustees completing this in a four hour time frame. |
Trustee DeStephano said she was honored when she participated in the |
Comprehensive Plan Committee. She felt if the agenda is crisp and the objectives brief, |
the Board can get new, fresh ideas. She said she will start the process with her |
Committee on Tuesday, July 22, 2003. |
There was consensus of the Board to move forward with the Community Forum.
XI
Executive Session
It was moved by Trustee Soderstrom, seconded by Trustee Sebby, to adjourn the |
Regular meeting of the Board of Trustees of July 17, 2003, at 10:20 PM. 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 -
Reconvene
The Regular Meeting of the President and Board of Trustees of July 17, 2003 was |
reconvened at 10:47 P.M. in the Board Room of Village Hall. |
Upon Roll Call by Finance Director Len Flood, the following were Present: President |
Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom. |
XII
Adjournment
It was moved by Trustee Florey, seconded by Trustee Soderstrom, that the |
Regular Meeting of the President and Board of Trustees of July 17, 2003 be |
adjourned at 10:48 PM. 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 -