Village of Lombard Legistar System

Upon Roll Call by Village Clerk, Suzan L. Kramer, the following were Present: President

Mueller, Trustees DeStephano, Tross, Koenig, Sebby, Florey and Soderstrom.

Quorum Present

Appointed Officials Present:

Village Manager William T. Lichter

Assistant to the Village Manager Ellen Balsamo

Village Attorney Tom Bayer

Assistant Village Attorney George Wagner

Finance Director Leonard Flood

Director of Community Development David Hulseberg

Police Chief Ray Byrne

Deputy Fire Chief Jerry Tonne

Village Engineer Dave Dratnol

Director of Public Works Stan Rickard

Assistant Director of Public Works John Burg

Planner I Angela Clark

Records Clerk Diane Jantelezio

President Mueller asked for a moment of silent prayer for William Francis, a Trustee in

the Village from 1979 to 1991, who recently passed away. Mr. Francis had also been the

Chairman of the Finance Committee. President Mueller also spoke of Donna Nolan, wife

of Police Officer Paul Nolan, and Charlotte Kegerris, a member of the Community

Promotion and Tourism Committee, both of whom had passed away during that week.

Denise Borosak, 345 W. Loy Street, wished to speak regarding her requested variation

that was on the separate action portion of that evening's meeting. She explained the

existing fence and her need for the variance.

Sam Gallardo, 226 Glen Ellyn Road, spoke in support of the skateboard park and dance

club. He thought this would be a good place for kids in the community to hang out.

David Jones, 331 Garfield Terrace, spoke in favor of the skate park and stated that kids

need things to do.

Trustee Tross arrived at 7:38 p.m.

Mr. Jones stated that he has been a resident for 10 years.

Trustee Florey arrived at 7:39 p.m.

Mr. Jones said that he hoped the Trustees went to visit the petitioner's other

establishment as Ms. DeStephano had done. He said that most skate parks are far

away. Mr. Jones commented that he had sent a video to all the Trustees that was totally

produced by Lombard kids.

Dylan Jones, 331 Garfield Terrace, stated that the Trustees are representatives of the

people of Lombard and it would be a wise decision to support the people they represent.

He stated that the dance club would give older kids who have no curfew something to

do.

Tim Kuecker, 230 Millcreek Lane, a Bloomingdale resident, stated that he was a

business associate of Dave Jones. He believed that the club speaks for itself. He felt

that any problems that arose could be handled by the excellent Lombard Police

Department. He said that he felt the Village of Lombard would benefit from this as there

are not a lot of dance clubs in DuPage County.

Rich Laurenzana, 23 E. Pleasant Lane, felt there were two issues to be discussed. The

closing time and the background of the business owners were key issues. He

mentioned the seven year background check that is done by the Park District and said

that there are no background checks on employees of Enchanted Castle or on day care

providers. He discussed the repeat offender status and that one time offenders should

be checked back ten years. He also stated that a good compromise for the close of

business would be 3:00 a.m. He also commented that seventeen year olds are being

trained to use guns and go to war.

Village Manager William T. Lichter, introduced Angela Clark, a planner new to the

Community Development department. He detailed her education and employment

history.

President Mueller welcomed Ms. Clark.

President Mueller talked about the many upcoming events set for the weekend of

December 7th and 8th to kick off the Holiday Season in Lombard. Among them were the

Dick Biondi Toy Drive starting Saturday, December 7, 2002 in which Lombard

Firefighters would be starting their journey down Main Street at 10:00 a.m., to collect

toys for the needy to be delivered at Yorktown Shopping Center. He also spoke of the

Chamber Holiday Boutique and Open House starting at 1:00 p.m. on December 7, 2002

with Santa arriving at 5:00 p.m. He told residents of the Main and St. Charles tree

lighting at 4:45 p.m. on December 7th with Santa arriving at 5:00 p.m. and activities at

Lilacia Park from 6:00 to 8:00 p.m. with the tree lighting at 6:00 p.m., including a visit

from Santa. He mentioned that the Historical Museum would be sponsoring a Victorian

Holiday with refreshments from 7:00 to 9:00 p.m. At the Helen Plum Library from 7:00 to

9:00 p.m., the Canterbury Carolers would be performing, and there would be a Maple

Street Chapel Sing Along at 7:30 p.m. All of these functions are free of charge.

Additionally, he said that the DuPage Theater Open House was being held on

December 7, 2002 at 7:30 with the Glenbard East Madrigals performing.

President Mueller also encouraged all residents to visit the downtown Lombard area and

support the local businesses. He said residents should shop Lombard in order for the

sales tax dollars to come back to the Village.

Trustee DeStephano thanked President Mueller for promoting the downtown area. She

also had some comments regarding Items E & F on that evening's agenda concerning

variances to allow an increase in the average deck height. She felt these issues had

been workshopped and was concerned that the Trustees had not seen that information.

She mentioned that she would like to table the requests and pointed out that the

requests were not from residents, but from builders.

Director of Community Development, Dave Hulseberg responded that Community

Development has the information which he could supply to the members of the Board

the following day. This information was going to the Plan Commission in January and

then will go before the Board.

Trustee Tross asked if the variations are in compliance with the suggested changes.

Mr. Hulseberg responded that they were in compliance.

Trustee Sebby commented that Providence Glen, the area of the requests, would

necessitate the deck variances.

President Mueller did not support taking these items off of the agenda.

Trustee Koenig said that she was not inclined to remove these items from the agenda,

as she would still be in favor of granting these variations because of the unique

circumstances. She did not believe this would set a precedent.

Trustee Soderstrom suggested that it be made in the form of a motion.

Trustee Destephano moved to table this item to February, 2003.

Trustee DeStephano said that as it appeared that the motion would die for lack of a

second, she wished to comment that huge houses are being built on postage stamp

sized lots, and a smaller house should be built. She believed that this would be setting a

precedent.

Robert Kartholl, attorney for the petitioner, addressed some of the licensing concerns.

He explained that the hours of operation they propose are geared toward seventeen to

twenty year olds who are not subject to curfew and the facility should be allowed to be

open until 4:00 a.m. He stated that the petitioner has done a careful analysis and they

could amend a compromise proposal which would allow them to close the doors at 1:30

or 2:00 a.m. and remain open until 3:00 a.m. He stated this may be economically viable

for them. He then spoke about the look back period for background checks and sited

the Boy Scouts of America as an example of those who do not perform background

checks. He commented that equity and fairness demands some cutoff period. He

suggested that the seven year rule that Lombard uses for their employees be used, with

ten years for felonies and multiple offenses. He also said that he would like to briefly

address the conditional use ordinance at a later time that evening.

The petitioner, Chris Chudzik, thanked Lombard for the time taken on this issue. He

stated that he wants to do in Lombard what he has done in other communities, such as

give youth a safe environment to have fun. He asked for the opportunity to open this

club and give him a chance for the privilege, which he knows could be taken away. He

promised that he would not embarrass the Trustees or the Mayor in any way, as the

Mayor has been very supportive.

Trustee DeStephano stated that the club would be located in District One and that she

would support a ten year period on the background check, and would support the doors

of the business closing at 1:30 a.m. and the patrons leaving at 3:00 a.m.

Trustee Tross commented that he was not supportive of the extended hours and he

referred to other businesses and their hours of operation. He also had strong concerns

about the Police Department doing the criminal background checks, and commented

that he was concerned that other businesses would request the same procedure. He

asked where the background checks would end and questioned if non-employee

independent contractors would be subject to background checks. He also commented

that there should be a window on the issue of felony convictions.

Trustee Soderstrom spoke about a generic licensing agreement. His main concern was

the hours and he could not support a 3 or a 4 o'clock license.

Trustee Koenig spoke regarding background checks and stated that people in their

teens who make mistakes should not have that held against them. She felt that the age

at which the offense was committed is more important than the interval. She also felt

that a background check should be applied to anyone that has contact with the patrons

of the business.

Trustee Florey stated that the ultimate concern is protecting the children. He mentioned

the rules that the school district uses in the respect that people convicted as an adult of

sex offenses and molestation would prevent someone from working in a school. He said

that if felony convictions are softened, and he did not agree that they should be, there

would need to be a limit that people who have convictions of certain crimes have no

contact with the patrons.

Police Chief Ray Byrne said that the language is intended to apply to employees or

independent contractors involved in crowd control and supervision of personnel only.

Trustee Tross suggested the language regarding an independent contractor acting as

agent of the license holder.

Mr. Bayer said that Chief Byrne was correct, independent contractors who are involved

in crowd control and supervision of employees.

President Mueller said the verbiage from page four, item E could be used in item F.

Trustee Koenig still had some concerns about additional wait staff that may be hired for

a one day function, and their contact with the patrons.

Trustee Sebby did not agree with the thinking of not being concerned about crimes

committed before the age of twenty one. He felt there should be a limitation on

background checks, and there should be a tight reign on the 2:00 a.m. closing for a

probationary period, with a collaboration in the future for a change of hours.

Trustee Tross asked Chief Byrne if the Police Department is running background checks

on employees of the club.

Chief Byrne responded that it was the intent of the Police Department to run a

background check on the licensee, owners, and crowd control personnel.

Trustee Tross asked Mr. Bayer about the limitations and said that the ages of seventeen

to twenty one is a no man's land.

Trustee Sebby did not agree, stating that those ages can be a horrendous time with

gang activity, murder, etc.

Trustee Florey again went over the guidelines of the school district rules. He said certain

crimes must be spelled out and we must be conservative with our children.

Trustee Koeing commented that mistakes can be made while people are younger and

they can straighten out by adulthood.

President Mueller suggested breaking it into two amendments, 110.55, item F and

110.56.

Trustee Soderstrom moved to approve the change to Item F to include an owner,

operator, manager, employee, or non-employee independent contractor involved in

crowd control and supervision of personnel.

Trustee Tross seconded the motion with the addition of the felony offense to begin at

age twenty one with no multiple felonies at any age.

Trustee Florey requested to add drug offenses which are listed in the school code.

Trustee Sebby wished to include language about gang related offenses.

Mr. Bayer would draft Item F according to the direction he was given by the Board, to

include no registered sex offenders, with any non sexually related felony of one past

offense before the age of twenty one being acceptable, but two offenses at any age

would not be approved.

Trustee DeStephano asked what class felony is a capital offense.

Mr. Bayer explained that a capital offense is usually a Class X offense and would not be

helpful in this instance.

Trustee Soderstrom called for the question.

It was moved by Trustee Tross, seconded by Trustee DeStephano, to amend the

restriction on criminal background to "No license required by Sections 110.50

through 110.58 of this Code shall be issued to an establishment which has an

owner, operator, manager, employee, or non-employee independent contractor

involved in crowd control and supervision of personnel who is a convicted felon,

who is a registered sex offender, or who has been convicted of certain violations,

that occurred prior to the individual reaching the age of twenty-one (21) years old,

shall not prevent the issuance of a license as required by Sections 110.50 through

110.58 of this Code. The motion carried by the following vote:

Trustee Florey believed that Mr. Bayer had the direction to bring back a list of statutes to

the Board.

Trustee Sebby agreed with Trustee Florey by saying that the draft needs to be clarified

and the Board is jumping too quickly on this issue, but he did not want to cause undue

hardship or delay to the petitioner.

Trustee DeStephano stated that she did not want to open the Village up to violent crime

and wanted to protect the youth and do this the right way.

Trustee Tross concurred, and wanted to see the school code list regarding felony

homicide, drug offenses, etc.

President Mueller brought up the issue of the hours of operation.

Trustee Tross proposed no change in the hours as written.

Trustee Soderstrom agreed.

Trustee Florey also agreed that the hours should remain as written.

Trustee DeStephano would like to see closing of the doors at 1:30 a.m. and the

business close at 3:00 a.m., but she saw no Board support for that.

Trustee Tross wanted to make certain that Counsel was aware of what the Board was

looking at, such as no repeat offenses, no heinous crimes, no sexual crimes or violent

crimes.

Mr. Bayer said the he understood the motion,

Trustee Florey wanted to include specific offenses from the school code, in regard to

people with direct contact with children.

President Mueller said he would rather see everything in the ordinance and voted on

later.

Trustee Tross commented that the petitioner may be in need of some sense of where

the Board is leading, as it relates to the petitioner's extension of lease or option to buy.

President Mueller asked if the item should be passed on first reading.

Mr. Kartholl, attorney for the petitioner, stated that the landlord insists that the license

must be in place by January 15, 2003, therefore, the issue of conditional use is not an

issue at this time.

Trustee Destephano found it interesting that the building has been empty for three

years, and did not understand what the rush is.

Mr. Kartholl said that he was certain that the Board would be hearing from another teen

club if this petitioner withdraws.

Trustee Koenig inquired if the lattice work qualified as fencing.

Mr. Hulseberg stated that it did.

Trustee Koenig commented that she has used lattice work in her yard and it falls apart

easily.

Trustee Tross asked if there are construction standards for fencing.

Mr. Hulseberg said there are not.

Trustee Tross commented that other six foot fences he has seen have been structurally

sound, but this one does not seem that way. Trustee Tross then asked if the Zoning

Board of Appeals president votes on issues.

Mr. Hulseberg stated that the chairman chose not to vote.

Mr. Bayer responded by saying that if he is a member of ZBA, he should vote.

Denise Borosak, 345 W. Loy Street, the petitioner agreed that the fence does not have a

top. Ms. Borosak stated that she originally wanted a six foot fence but downsized to a

four foot fence. She adopted a dog for safety reasons in June and the dog grew and

can't be contained within the yard. She said that her other fence is a five foot chain link.

She states she has had several fence people to her home to recommend options. There

have been none given to her. She said that she tacked the lattice to the top of the fence

for an open look and stained it. She added that she has spent $4000.00 on the fence

and $200.00 in additions to it.

Trustee DeStephano asked staff what the petitioner could do other than lattice work.

Mr. Hulseberg said the fence could be framed with 2x4 and lattice attached for a more

finished look.

Trustee Tross said if this takes place, the petitioner cannot come back for a year.

Trustee Soderstrom commented that the Board had been criticized for overturning the

decisions of committees and he felt it should have been either recommended or denied

by ZBA. He suggested sending the issue back to the Zoning Board of Appeals for a

recommendation.

President Mueller suggested that staff should bring the fence ordinance back to the

Board for review.

Mr. Hulseberg thought it would be best to table this item and staff would work with the

petitioner.

Trustee DeStephano withdrew her motion to deny and Trustee Florey withdrew his

second of the motion.

Mr. Lichter informed the Board that changes were made to reflect the Board's direction.

He then deferred to Dave Hulseberg.

Mr. Hulseberg explained that the changes were at the request of Trustees DeStephano

and Florey. Some of these changes were the removal of specific addresses and the

legal description of the property was used. Also, the word reuse was changed to

redevelopment.

Trustee Tross asked Mr. Bayer if this was an invitation to sell the property.

Mr. Bayer explained it was an invitation to enter into a TIF redevelopment agreement in

which the Village of Lombard would convey title of the property.

Trustee Sebby inquired why the street address was being changed to the legal

description.

Mr. Hulseberg explained that this would apply to just the south portion of the property

and that it makes better sense as it would be re-addressed at a later date.

Trustee Florey asked when the request for proposals would be going out and what

would the due date be.

Mr. Hulseberg responded that with the holidays upon us, it should go out after the first of

the year, with responses expected sixty to ninety days after that.