Village of Lombard Legistar System

Upon Roll Call by Acting Village Clerk, Barb Johnson, the following were Present:

Chairman Pro Tem Dick Tross, Trustees DeStephano, Koenig, Sebby, Florey and

Soderstrom.

Absent: President Mueller

Quorum Present

Appointed Officials Present:

Village Manager William T. Lichter

Village Attorney Tom Bayer

Assistant Village Attorney George Wagner

Finance Director Len Flood

Director of Community Development David Hulseberg

Village Engineer Dave Dratnol

Fire Chief George Seagraves

Deputy Chief of Police Pat Rollins

Assistant Director of Public Works John Burg

Records Clerk Diane Jantelezio

Ronald Dunbar, 433 S. Brewster, spoke regarding construction safety. He mentioned

that there was new construction down the block from his home, with no safety fences.

He stated this was a potential safety issue and he asked if there was an ordinance that

mandates safety fences be put up as he knows some other towns have such

requirements. He said that two weeks ago he chased three children away from an open

hole where the foundation had been poured. He also mentioned the need for port a

potties on job sites.

Chief Seagraves stated there are no requirements at this time for safety fences at job

sites and that port a potties are not required during initial construction but they are

installed after excavation.

Chairman Pro Tem Tross stated that the Board will be looking forward to a

recommendation.

Chief Seagraves stated that the matter would have to go to the Board of Building

Appeals (BOBA).

Chairman Pro Tem Tross said that this would be looked into and the resident would be

notified.

Trustee Soderstrom state that he had a similar situation on his block and asked that this

be taken to BOBA promptly.

Trustee Koenig, in the meantime, as items come before board it could be included in the

approval of a variation.

Chief Seagraves said that an ordinance for change is in process, and suggested

bringing the item directly to the Board.

Chairman Pro Tem Tross stated that there was consensus by the Board for this to take

place.

Chief Seagraves said that this would be before the Board by the May 15, 2003 meeting

and could possibly be on the May 1, 2003 agenda.

Trustee Florey stated that the Business Recognition luncheon was held on April 9, 2003,

and named the winners as follows:

Property Stewardship winners: Alter Asset Management (Large), Mr. Z's (Small)

Major Milestone: Artistic Impressions

Business Pride: Lombard Veterinary Hospital (Small), Schroeder's Ace Hardware

(Small), Weber Grill (Large)

Property Improvement: Cub Foods (Large), Finley Place Apartments (Government

Assisted), Praga Restaurant (Small), Comp USA (Large)

Jim Bell Distinguished Developer: John Samatas for The Corporate Center at Heron

Point/Sam Vest

Trustee DeStephano reported that the Committee had not met since the last Board

meeting. She mentioned that she and Assistant Director of Public Works, John Burg had

started the promotion for the new streamlined form for grants. She said that on that

evening's agenda was the agreement for mosquito abatement which was within the

same amount that was spent last year. She stated that Clark Environmental is the sole

supplier for chemicals and services. She said there was excellent support and guidance

received from the State Health Department and from O'Meara and Davis. Trustee

DeStephano stated there are one hundred and eight types of mosquitos but only four

types pf mosquitos carry disease. She congratulated the Environmental Concerns

Committee and sub committee. She said there were a number of changes from last

year, such as the Village has been split into four quadrants with traps to measure the

numbers of mosquitos, spraying catch basins, increased larviciding, more focused

testing, and greater accountability. She thanked John Burg , Stan Rickard, and staff.

She said the contract would be a one year contract to see how it works. The next

Committee meeting would be on April 22, 2003 at 7:00 pm.

Trustee Sebby informed the Board that the Committee met on April 8, 2003. He said that

Art Frerichs, the newest member was in attendance and he will provide good, solid

support on the Committee. At that meeting, there was a continued review of the street

lighting policy and suppliers. He said that at the next meeting, a manufacturer would

make a presentation regarding lighting fixtures. He informed the Board that there were

several change orders on that evening's agenda He stated that the next meeting would

be May 13, 2003. He then mentioned that the Glenbard Wastewater Association had

met on April 14, 2003 a new sanitation facility was planned and that Lombard may have

a lowering of .3% in sewer billing.

Chairman Pro Tem Tross asked when the Lombard Lagoon neighborhood meeting was

being held.

Dave Dratnol stated it would be held on April 22, 2003 in the Board Room and

stormwater management issues for the neighborhood of the Lombard Lagoons would be

discussed.

Chairman Pro Tem Tross said there were two people in the audience wishing to speak.

Ken Doles, 623 S. Elizabeth, spoke representing the owner of 102 Green Valley Drive,

and expressed the owner's concerns about the variation. He said an excellent job was

done of representing the variation. He said if two other parcels in the area asked for the

same variance it could conceivably look like row houses. He stated that small variances

are reasonable, but he felt this case makes no sense to the community and the

surrounding properties and there would be no enhancement to the community or

adjoining properties. He asked when do we draw the line on variances and to allow this

to occur would create a precedent which could negatively affect the long term property

value. He said he appreciated the time that Trustee DeStephano took to view the area

and he urged the Board to not grant the variance.

Linda Baxter, 105 W. Washington Boulevard, the petitioner, spoke regarding the

proposed 400 square foot variance. She stated that she would not be taking over the

entire back yard, would not be obstructing anyone's view and the lots behind her are

higher by four feet. She said that she has lived in this home for fifteen years and the

home was originally a two bedroom, one bath home. She stated that the neighborhood

had changed and many additions have been done in the area. She then sited the

properties in the area that have made additions. She said her goal is to increase the

living space to accommodate her family functions. She pointed out that there were forty

letters sent out to homeowners in the area and only one complaint was received.

Trustee Soderstrom said that he had reviewed the request and has visited the site as

other Trustees have done. He stated that although the Zoning Board of Appeals did not

reach the required vote, there was majority approval of three to two. He commented

that there were two major issues of the objector, that this would affect the property

values, which Trustee Soderstrom believed would be positive and the drainage issue,

where the objector's property is higher than the subject property. Trustee Soderstrom

said that considering there would still be 56% open space, the letters of support, and

that the trees on the back of the property forms a berm, he would support this.

Trustee DeStephano said that she was sympathetic to the zoning ordinance and would

support the staff recommendation as she had visited the site.

Village Manager Lichter asked Chief Seagraves to read the changes.

Chief Seagraves stated that he and Trustee Tross have had a chance to meet and

make changes such as food and beverage vending, the prohibiting of transient living

quarters (such as trailers) on and off site, hours of operation, and games to be inspected

by the Police Department, local sponsorship, reinspections to include food and beverage

attractions and midway arcades. Chief Seagraves stated that all of the changes had

been reviewed by legal counsel but staff needs direction regarding the language for the

outstanding issue of sex offenders.

Trustee Florey suggested tabling this matter in order to allow others on the Board to

review the language if needed, but he was prepared to move forward.

Trustee Tross stated that he would not be in favor of tabling.

Trustee Florey made a motion to approve on first reading the revisions to the carnival

ordinance with language regarding sexual offenders as proposed by staff and Trustee

Sebby seconded the motion.

Trustee DeStephano asked if the residents that had concerns had a chance to view the

revised language.

Trustee Tross said that Mary Mae had a chance to view his language recommendations

and she had suggested some other additions that were not appropriate for this type of

legislation.

Trustee DeStephano said that she thought Mary Mae would have wanted to be there.

Trustee Tross said that any action taken that evening would not be final.

Trustee DeStephano said there was not enough time for the public to be here if staff just

got this language out on Tuesday.

Trustee Tross offered to amend Trustee Florey's motion that the issue regarding child

sex offenders not be mandatory, but represented, which would cover volunteers. He

said that if this were mandated it would make us become a police state, and he

suggested that carnival workers and carnival volunteers be subject to the same

restrictions. Trustee Tross said he would like to see the same restrictions placed on all

areas where children are present, such as theaters, amusements, and bowling alleys.

Trustee Soderstrom said that the premise of keeping youth safe is not up for discussion,

as this is a completely different venue. He stated that the ordinance has to be workable

and enforceable, and that this type of business is such that the carnival

operators/sponsors cannot verify workers one week or two weeks out.

Trustee Florey talked about the difference between the two proposals. He spoke of

requiring operators to submit a list of workers prior to the carnival, which would then be

compared to a list of sexual offenders. If a name is on the offender list, that person

doesn't work at the carnival. He commented that this is no guarantee, but it is a step to

protect our children. He agreed that this should apply to other areas of entertainment.

Staff has said that this is workable. He believed the recommendation of the police

department should be followed and he also believed that the submission of a list of

employees is important.

Trustee Soderstrom commented that Trustee Tross' verbiage states that representation

is required.

Trustee Tross commented that all carnivals he has been involved in are not "ice cream

social", "sock hop" individuals. He proposed the list must be submitted no less than 14

days before the event. Staff has told him this will not happen. He said that name, last

known address, and drivers license should be submitted.

Trustee Koenig asked Trustee Florey if the list were to be mandatory, would he suggest

that volunteers be included.

Trustee Florey said that he would support an amendment to make it mandatory and to

include volunteers.

Trustee Tross said that certain functions such as the Lilac Carnival and the Boy Scout

functions, where there are parent helpers, and the Taste of Lombard, where there are at

least 500 volunteers, a mandatory list would be absolutely untenable.

Trustee Florey asked Chief Seagraves if this applies only to the carnival area.

Chief Seagraves stated that was correct.

Trustee Tross said that should be uniformly applied to special events, theaters, bowling

alleys, amusement rooms, pinball establishments, and teen clubs.

Trustee Florey suggested just addressing the simple issue before them at this time

which was the carnivals.

Trustee DeStephano asked if tough language could be enforced that owners must

provide a list beforehand.

Chief Seagraves responded that a mandatory requirement would be for the operator to

provide a list with names, addresses, and date of birth with the application. He said if

someone has lied to the operator this would not be known.

The Chief asked why this is so onerous. He stated that the Jaycees should be taking

proper action to protect their volunteers and members, and the Village of Lombard does

not have to do this for volunteers.

Trustee Tross said that he found it ironic that in the thirty three years that he has been in

town, nowhere in the press or media has he seen that a carnival person was accused or

charged with any type of activity, yet in the last two years, local volunteers and people of

prestige and respect that you wouldn't think would be charged, were charged.

Trustee Florey asked Chief Seagraves what his suggestion was in regard to including

volunteers.

The Chief felt it was not necessary.

Trustee Tross felt it was unfair not to include volunteers.

Trustee Koenig asked if this would apply to rides and games and not food.

Trustee Tross said this would apply to rides, games, food handlers in a carnival area,

Village wide.

Trustee Florey said the issue before the Board should be voted on.

Trustee Sebby stated that he was concerned how hard it is being made for carnival

operations and future carnivals.

Trustee Tross said that if an applicant or operator cannot stipulate that they have no

known sexual offenders on their payroll a background check would have to be done.

Mr. Bayer said that Trustee Sebby needed to accept the amendment that was added to

the original motion.

Trustee Sebby said he would accept the amendment.

Trustee Koenig mentioned that it would be difficult to track down every volunteer that

comes in. She questioned the effectiveness of any of these requirements and mentioned

a gang problem in the past, in which members of the Police Department were able to

fight the gang problem by knowing who the gang members were. She also suggested

running educational seminars for volunteers.

Trustee Soderstrom said he knew that Trustee Florey feels that any more discussion is

going off track. He said that once the ordinance is passed, it may make it difficult or

impossible for events to happen in Lombard, and the ordinance being constructed may

make it impossible to comply.

Trustee Koenig said that there are so many good people in the community that do good

things for our youth, and she felt it was better not to include volunteers.

Chief Seagraves explained the Top Off 2 drill scheduled for May. He said this is the

second time this is being done in the United States. The drill was being done in Chicago

and Seattle at the same time He said this is in regard to terrorist attacks, with the

predominate drill being held in Chicago. He mentioned that DuPage County is an active

participant. He explained that the first part involves how information is passed. He said

the Village becomes more involved in the drill May 12, 2003 by exercising action plans

based upon terrorism alert drills. He said that he could not go into certain aspects of the

drill, but that he would keep everyone posted as this goes on. He mentioned some

participants such as Central DuPage Hospital, Edwards Hospital, Good Samaritan

Hospital, Hinsdale Hospital, Burr Ridge, Hinsdale, Naperville, Elk Grove Village,

Wooddale, and Argonne National Laboratories. He wanted the public to know and

anticipate that this is a drill.

Trustee Sebby asked when this was to begin.

Chief Seagraves said it would begin on May 5, 2003, but it may be more noticeable here

on May 12, 14, and 15.

Trustee Sebby asked if residents will hear sirens going off.

Chief Seagraves said it would be like a disaster drill.

President Mueller mentioned that a lot of the Mayors had met the previous evening and

were briefed on the Top Off 2 drill. He said that the Chief explained it very well and he

thanked the Police and Fire Departments for participating in the drill. He commented that

it is very important for the communities.

President Mueller wished all the residents a pleasant holiday.