Thursday, September 19, 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
September 19, 2002
REGULAR MEETING - SEPTEMBER 19, 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
I
Call to Order and Pledge of Allegiance
The Regular Meeting of the President and Board of Trustees of September 19, 2002 |
was called to order by President Mueller at 7:35 p.m. in the Board Room of Village Hall. |
The Pledge of Allegiance was led by Village Clerk Suzan L. Kramer. |
II
Roll Call
Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President |
Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom. |
Appointed Officials Present: |
Village Manager William T. Lichter |
Village Attorney Tom Bayer |
Assistant Village Attorney George Wagner |
Finance Director Leonard Flood |
Director of Community Development David Hulseberg |
Deputy Fire Chief Jerry Tonne |
Village Engineer Dave Dratnol |
Director of Public Works Stan Rickard |
Assistant Director of Public Works John Burg |
Deputy Village Clerk Barbara Johnson |
III
Public Hearings
020577
The Public Hearing was introduced by President Mueller who turned the hearing over to |
Village Attorney Thomas P. Bayer. Attorney Bayer opened the hearing at 7:36 and |
explained the petition which was the subject of the Public Hearing and told the audience |
that the purpose of the hearing was to hear public comment for or against the petition. |
He asked that anyone wishing to comment come to the microphone on his left. There |
being no one wishing to speak, the Public Hearing was closed at 7:37 pm. |
Enactment No: BOT 02-24: 451 E. N |
IV
Public Participation
020575
Enactment No: Five Points of Life |
020585
Enactment No: United Way Month |
020587
Enactment No: Chamber of Commerce |
020588
Enactment No: Kiwanis Peanut Days |
Members of the Public Who Spoke
John Dooley, said they are done talking about the Wellness Program and will start now |
to build momentum. He referred to Mr. John Rudd who will be soliciting donations. |
They have looked into funding resources, grants and have a donor but need additional |
revenue. He said the center will be a great asset to their campus and will generate |
revenue on its own. They are searching for a director. (Note: Mr. Dooley did not |
mention where this program is being established or a group or corporation with which he |
is affiliated.) |
V
Approval of Minutes
None
VI
Committee Reports
Economic/Community Development Committee-Trustee Kenneth M. |
Florey, Chairperson |
Trustee Kenneth M. Florey, reported that the Committee has not met. He said that Bob |
Iiori has left the Committee due to business demands and to devote time to the Fire and |
Police Commission. He presented a plaque and thanked Mr. Iiori for nine years of |
dedicated service on the Committee. He also announced the vacancy and asked |
anyone interested to contact Carol Bauer. He said that the next meeting will be held |
Tuesday October 1 at 4:00 pm. |
Environmental Concerns Committee-Trustee Joan DeStephano, |
Chairperson |
Trustee Joan DeStephano said that the Committee had not met. She thanked a number |
of people for helping with the fantastic Recycling Extravaanza. She reported that they |
served 342 cars from Lombard alone. She said that they are still tallying the tonage. |
She gave special thanks to Public Workls Susan Cermak, Stan Rickard and John Burg. |
She mentioned those from Public Works who worked the entire day at the event |
including Chris Bonnert, Don Hrubecki, Joe Jacobic, Brian Jack, Frank Nacarotto, Dan |
Simons and Jim Thinnes and members of her Committee |
Finance Committee-Trustee Karen S. Koenig, Chairperson
Trustee Koenig stated that the Committee met on the 17th to discuss the DuPage |
Theater Business Plan which she said she would report on during that portion of the |
Agenda. She said that the next meeting will be held on Tuesday Oct 22, the fourth |
Tuesday instead of the usual third Tuesday because of members' schedules. |
Public Works Committee-Trustee Steven D. Sebby, Chairperson
Trustee Steven Sebby turned the report over to Trustee Rick Soderstrom as Trustee |
Sebby had been absent and out of the Country for the meeting held on September 10th. |
Trustee Soderstrom reported that there were two items discussed at that meeting. The |
first item had been the sidewalks on Highland between 15th and 16th Streets, and staff |
is checking to see if the right of way belongs to the County. The other matter discussed |
was the Phillips Court flooding as it relates to elevations, the Route 53 stormwater |
station and the DuPage River. He said that there were two change orders on the |
agenda tonight that were recommended by the Committee and that literature was |
distributed to the Committee regarding the United States Environmental Protection |
Agency stormwater program. |
Transportation & Safety Committee-Trustee Rick Soderstrom, |
Chairperson |
Trustee Soderstrom said that the Committee met on September 9th, at which time a |
presentation was made by Deputy Chief Dane Cuny regarding traffic speed enforcement |
and citizen complaints that had come to the Police Department. The Committee asked |
that he come back to report on other special Enforcement enchancements that are |
being used to control speed. He announced that there are five items on tonight's |
agenda recommeded by the Committee. The next meeting will be on October 7 at 7:30 |
pm. |
Community Promotion & Tourism Committee-President William J. |
Mueller, Chairperson |
President Mueller reported that the Committee had met that afternoon. He said that |
coming from the Committee in October will be requests for approval of grants for the |
Chamber Business Expo, 2003 Lilac Bush Sale and for an additional joint block party |
wagon with the Park District. He said that the requests will be on the agenda for the |
next Board meeting. He highlighted the Celtic Showcase at Embassy Suites, saying that |
this is the third year of the Showcase. He said that he had visited them Sunday and |
participants are also staying at Amerisuites and Hawthorne Suites. He announced that |
the recent financial forecast showed that the Hotel Motel revenue is up 10. 7 %, that the |
Tourism Industry is seeing inmprovement and turnaround. |
Village Clerk- Suzan L. Kramer
Clerk Suzan Kramer reported as President of the Board of Local Improvements that the |
Board last met on Thursday, September 12 and approved the following items of |
business: |
For Special Assessment 216, Ahrens/School/Norton/Highridge/Wilson; payouts totalling |
$317,939.17, and a change order in the amount of $6.10. For this project, Highridge is |
fundamentally complete, and the remaining streets are nearing completion. Staff |
worked closely with the contractor, R.W. Dunteman, to have Highridge substantially |
complete for the start of the school year, and the rest of the project is moving alont in a |
particularly timely fashion. Our staff is doing a exceptionally fine job with this project. |
Staff provided an update on issues involved with Special Assessment 217, and it is likely |
that some of these items will be brought to the Board of Trustees' attention. |
Under other business, staff clarified some of the legal expenses involved with local |
assessments. |
The next meeting is scheduled for Thursday, October 10th. |
VII
Village Manager/Village Board Comments
Trustee Sebby commented regarding the September 11 ceremony, saying he was |
extremely moved and impressed by the number of people who turned out. |
Trustee DeStephano reported that she and Chief Seagraves, Chief Byrne, Deputy Chief |
Cuny and Officer Panagiotarios had met with downtown business owners and discussed |
the homeless situation around town. Also at the meeting were the Chamber of |
Commerce's Cindy Davis and Pads representatives. Trustee DeStephano reminded the |
group that we need to be aware and sensitive to situations of safety from these people. |
Trustee Tross echoed comments about the 9/11 events. He said that looking down |
Main Street was unbelievable with the large crowd of people who came to the silent |
parade. He said he hopes we will continue the remebrance every year. He thanked |
those who put it together and the residents who participated. |
President Mueller thanked Ellen Balsamo, Carol Bauer and Joelyn Kott for their |
assistance, the Fire Department for their bell ceremony at Station One and the Police |
and Fire Department personnel for the parade. He stated that there had been Bagels |
provided for employees and an opportunity to gather and view the presentation put |
together by Dirk Christensen in remembrance of September 11. He expected 500 |
people and the number of people was incredible. The President again thanked all who |
worked on it and those residents who participated. |
President Mueller also announced that the DuPage Mayors and Managers' Transit Plan |
was approved last night. It will go to the DuPage County Board Tuesday. They hope |
that by 2005 the plan will be in place. The Mayors and Managers of all the DuPage |
Municipalities have participated in drafting the plan. |
Trustee Tross commented on item D on the Consent Agenda. He said that one way |
streets around schools are not helpful. He cautioned parents that no parking, stopping |
or standing means just that. Had parents not done those things, this measure and |
Police protection would not be neccesary. Trustee Soderstrom said both school |
principals were present and approved. Letters were sent to families, crossing guards |
are present and cones are in place. |
Consent Agenda
It was moved by Trustee Florey, 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 -
020572
This Matter was approved on the Consent Agenda.
020580
This Matter was approved on the Consent Agenda.
020581
This Matter was approved on the Consent Agenda.
020556
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5201 One-W |
020557
This Matter was passed on first reading on the Consent Agenda.
Enactment No: Ordinance 5201 One-W |
020558
This Matter was denied on the Consent Agenda.
Enactment No: Multi-way Stop at Fa |
020559
This Matter was denied on the Consent Agenda.
Enactment No: Multi-way Stop at Fa |
020560
This Matter was denied on the Consent Agenda.
Enactment No: Multi-way Stop at Hi |
020570
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5196 Lom L |
020579
This Matter was waived of first reading and passed on second reading under |
suspension of the rules on the Consent Agenda. |
Enactment No: Ordinance 5197 Ann & |
020562
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 58-03 Sou |
020569
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 59-03 Lif |
020571
This Matter was adopted on the Consent Agenda.
Enactment No: Resolution 60-03 Mos |
*N. Mosquito Abatement, Change Order No. 1 (Resolution) (Moved to |
IX-B) |
020530
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5198 2700 |
020537
AN ORDINANCE AMIENDING TITLE 3, CHAPTER 33, |
SECTION 33.06 OF THE LOMBARD VILLAGE CODE IN REGARD TO FEES FOR PUBLIC |
EDUCATION AND TRAINING CLASSES |
This Matter was passed on second reading on the Consent Agenda.
Enactment No: Ordinance 5199 CPR C |
IX
Agenda Items for Separate Action
020584
Enactment No: DuPage Theatre & Sho |
Dennis Mc Nicholas, 630 E. Central, said that he is an advocate for proponents of the |
referendum petition. He stated that the first amendment to the redevelopment |
agreement placed no restrictions on how the Theater property is to be used. He said |
that the property had been put into a trust and the Village was given time to decide |
whether to take the gift. He said the Village received one million dollars from Big Idea to |
pay for RFP for development of the property, but all of the proposals requested too |
many public dollars. Mr. Mc Nicholas said that the property is worth at least two million |
dollars that could be invested into municipal bonds at a rate of 6.0%, which would give |
the Village a return of one hundred and twenty thousand dollars per year in funds. If the |
property was developed, the Village would receive three hundred and fifty thousand |
dollars in real estate tax. We need to consider what the Village is forgoing in this time of |
fiscal responsibility and the Trustees need to say how they can justify all of the dollars |
lost over the last three years. Residents have their say in the way their tax revenue is |
used. Fiduciary Responsibility calls for the Village to eliminate non-productive items. He |
recommended that the Village publish an explanation of what TIF is with no compound |
sentences. He also said that he would like each Trustee to address why they are |
foregoing funds that could be available to the Village and what the contingency plan is if |
the Theater does not succeed, as most new businesses fail. What is the plan to recoup |
the dollars lost if it fails? You can't proceed without a contingency plan. He said that we |
all deserve sufficient information to make an informed decision. He wants to hear from |
each Trustee what the worst case scenario would be, accurate and realistic as to the |
positive gain and the negative |
Lillian Mundt, 225 E. Parkside, addressed the community; saying if something is said |
that offends it may be true. She said that she has no connection with the theater, but |
she is disgusted at the lack of vision and that we are divided on this issue. We should |
be ashamed. She said that we have lost the character of the Theater due to the |
laziness of owner and the Village and have destroyed it. She suggested parking on the |
Hammerschmidt property, that people need a reason for people on the south part of |
Main saying that commuters don't shop and the stores there are all closed. She |
disagrees that the Theater could be a tax issue. She felt taxes would go up if the |
building were destroyed. She implied that someone was on the take to want this to be |
destroyed. |
Steve Murrow, 116 N. Charlotte, enthusiastically endorsed the restoration. He feels that |
this is an existing opportunity, while new communities are trying to figure out how to |
have a town center. He said that though there is risk, that is why we have leaders. He |
stated that because he can't vote in the issue, he had to speak. |
John Nolan, 406 W. Maple, said that John Egan is an icon and saluted him. When the |
property was donated, developers said give us the property and 5 or 6 million to develop |
the property. He said that when President Mueller established another Ad Hoc |
Committee, he was upset and yet respected Bill Mueller and thinks he is one of the best |
Village Presidents. He said that after working for 22 months, the Ad Hoc Committee |
have a plan approved and ninety eight thousand dollars in donations and a million from |
Pate Philip's office due to President Mueller's standing in Springfield. The Ad Hoc |
Committee's plan was built to support their goal. Not all of the Committees were in |
support of the project, they simply agreed to the feasibility. We started the referendum to |
get a feel for the people's opinion. He said that he is disgusted at the accusations of |
fraud and forgery regarding the referendum petition, it was not the Friends of the |
Theater's finest hour. This little group is very noisy but there is a huge part of the Village |
that is against this project. He said that there is an Elephant in the living room in |
Lombard and it is not going away. |
Pam Pulice, 2425 Royal Drive, said that Colonel Plum had a vision for Lombard and |
donated his property for the Library and Lilacia Park. The men who built the Theater |
also had a vision. She described the vision of the architecture. She said that the arts |
can re-emerge in Lombard. She feels that stars will be born in this Theater and she |
would like to have oz fest in the Theater. She indicated that with any vision, we will |
restore the |
Theater. She said the plan will not impact tax dollars and asked for the Board's support |
Tom Rawls, 934 S. Lombard, said that as a United States Citizen and registered voter |
he is shocked that there is no referendum so that people could vote on the Theater |
question. He said that if you are not earning money, you are losing money. The building |
has been vacant two years and if it goes on four years more that would be six years of |
not earning money. He said the Village should let the voters decide. |
Deb Rodeck, 128 E. Hickory, said that she had many fond memories and that |
involvement in the arts was responsible for her success. She went on to say that not |
one of those memories is reason to restore the Theater and accept the business plan. |
She said that the tax issue is a real one. She said that arts can support families and |
cited her parents as an example. She asked the audience to reflect on a free verse, |
which talked about the lack of value of a liberal arts degree. She said that civic |
responsibility is the planting of trees whose shade you do not expect to sit under. She |
feels that art is different to everyone and that it would be hard work to preserve the arts |
and difficult to decide what should be preserved, what truly reveals our past. To build an |
arts center, commitment is more than involvement; we would have to invest our entire |
selves. In breakfast, the chicken is involved, but the pig is committed |
Don Ryan, 756 S. Finley, said that he had served as Chair of the first Ad Hoc |
Committee, which was charged with finding the best use of the DuPage Theater. He |
said that only one developer was willing to pay for the land, and that was to build |
condos. The rest wanted the land and six to twelve million dollars. He said that although |
a million dollars in TIF funding had been promised, a million dollars from the State and |
ninety-eight thousand dollars had been raised by the Ad Hoc Committee, it would take |
years for an entity to raise the rest of the funds. He said that the Village will be losing |
money as the building sits empty and while costs are escalating to restore the Theater. |
He said he knows that everyone has worked hard, but the building just sits without |
bringing in any revenue. He asked how many additional tax dollars is it going to take? |
The money is not flowing in and the building is only getting older. He stated that the |
people haven't been allowed to vote on the subject, but he said he did not want his tax |
dollars used for the Theater. |
Melody Ryan, said that she hates to see that we have different views. As a result of the |
recent decision of the Electoral Board, she is upset that some 3,500 voters are unable to |
vote on the issue because of a technicality and not because they didn't have the |
signatures. She felt badly for the lady who saw the referendum petition and signed it |
and woke her husband from a nap because he had been wanting to sign it also. She |
also told of the person who asked her to come back with the petition again because they |
had 8 neighbors wanting to sign. And she said that a 19-year-old girl who had recently |
registered to vote came to her house because she wanted to sign. Ms. Ryan said that |
all of these people were not allowed to vote because of two objectors. She urged the |
public to call or e-mail the President and Trustees and let your voice be heard. |
Steve Spappori, 526 N. Grace, said that he has been professionally involved with the |
arts for 18 years. He spoke as a voter, asking what is if the theater fails? He doesn't |
think it will be successful. He has been told that admission, concessions and grants will |
make it self-supporting, but a he mentioned that most all of the theaters in Chicagoland |
are sustained by villages, park districts, or corporations. You will need the Village to |
subsidize the operation. He further stated that he is opposed to the Village spending six |
to eight million dollars to renovate a building, as that is not about supporting the arts. He |
said that grants are extremely difficult to secure and there are no guarantees that they |
will be awarded. He said that they are comparing the DuPage to the Athenaeum |
Theater, which is located in an artisan neighborhood, a historic theater district. Lombard |
is not such an area. Fred Solari said that the profit margin was in splitting into 4 |
theaters, and live theater is not appreciated at this time. He thinks the great gift is a |
white elephant. He asked why do we think that we can make this successful when |
companies who are involved in the arts can't. Why not concentrate on developing |
programs for our children and our people, not buildings. No one has ever said let's do |
what our people want and need. No one should get in the way of our voices being heard |
Cynthia Ward wants to see the Theater restored as an arts center. She heard recently |
from the group asking her to work with the theater. She did not realize how political the |
issue had become. She said she hopes that we will move ahead and repair the Theater, |
get the funds from the state quickly and enjoy the theater and downtown again. |
President Mueller thanked the committee, he said he wants to accept the report of the |
ad hoc committee and dissolve the committee. He called for no further use of Village of |
Lombard funds, without Board approval, no further tours of the facility and for the Board |
to decide the best use of the Theater in 4 to 6 weeks. He asked that staff look at what |
needs to be secured for winter. |
It was moved by Trustee Tross, seconded by Trustee Sebby, that the Village |
Board accept the DuPage Theater Business Plan and dissolve the Ad Hoc |
Committee, that no additional funds will be spent on the Theater without Village |
Board approval, that no further tours of the facility be given, that staff be directed |
to inspect the facility and report to the Board as to what needs to be done to |
secure the Building for winter and that the Village Board come to a decision on |
the best use of the Theater within the next four to six weeks. 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 -
020574
Trustee DeStephano said that she had pulled this item off the Consent Agenda because |
she feels that the public has to know that Clark is the only supplier for treatment and our |
advice as to proper treatment is coming from the supplier of the monopoly. She said |
she wants to see State and CDC recommendations for treatment. She said she needs |
staff to go back and check into larvaciding and getting advice from governmental |
agencies and wants presentations to the Committee and to the Board this fall as we set |
our budgets for next year. |
Enactment No: Resolution 61-03 Mos |
Director of Public Works Stan Rickard answered that we do have information from Local |
State and Federal agencies supporting the use of spraying. He has read information |
from the Center for Disease Control at Ft. Collins, Colorado, which recommends |
adulticide at risk level number four, which we are at. He said that we are treating the |
problem in accordance with the Center for Disease Control recommendations and have |
implemented the program with the help of a grant from DuPage County. With the West |
Nile Virus causing illness and death, it is recommended by the County that full programs |
be maintained including source reduction, larvacide and adulticide as recommended |
with Illinois Environmental Protection Agency approved pesticides, spraying to control |
adult populations and all products applied by experienced and licensed engineers. |
Trustee Florey suggested that there may be other companies who could perform this |
type of abatement program and that over the winter the Board could review the issue to |
see if there is another way to go. |
Trustee Tross said several years ago an extensive study was done in Lombard and the |
surrounding areas and there had been a competitor. U of I did a presentation, and we |
began a big change in larvaciding. He agrees that we should look into the options, but |
that we must move forward with this during this emergency situation. |
Trustee DeStephano indicated that she doesn't think that adulticiding is effective, as it |
hits the front of your house not the back yard. |
It was moved by Trustee Florey, seconded by Trustee Tross, that the change |
order be approved and that this issue be examined by the Environmental |
Concerns Committee with a report to the Board prior to the next mosquito |
season. 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 -
X
Agenda Items for Discussion
020586
Manager Lichter mentioned dates for budget sessions. The proposed dates being |
October 30 for the Strategic Planning Session, a joint meeting with the Public Works |
Committee on November 12, a Budget Workshop on December 12 and a second one |
on January 9th. |
XI
Executive Session
XII
Adjournment
It was moved by Trustee Sebby, seconded by Trustee Tross, that the Regular |
Meeting of the President and the Board of Trustees of September 19, 2002 be |
adjourned at 10:42 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 -