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

Finance Director Len Flood

Village Attorney Thomas P. Bayer

Village Attorney George Wagner

Senior Planner William Heniff

Fire Chief Ed Seagraves

Chief of Police Van Dillenkoffer

Public Works Director Stan Rickard

Village Engineer Dave Dratnol

Assistant Director of Public Works John Burg

Community Development David Hulseberg

Community Development Dave Gorman

Records Clerk Diane Jantelezio

Trustee DeStephano stated that the Committee met on October 23, 2001. The

Committee discussed the success of the Recycling Extravaganza that took place in

September. At that time, 383 cars dropped off more than 51.75 tons of recyclable goods

including 38.5 tons of scrap lumber, 9 tons of scrap metal, 8,550 pounds of books, 132

cell phones, 34 American flags, 94 pairs of eyeglasses and 4 hearing aids. Other items

discussed were recycling at Cruise Nights of soda cans and bottles, and an article in the

Spring issue of the Lombard Pride concerning hazardous waste and lawn fertilization

She stated that the next meeting of the Committee will be held on November 27, 2001.

Trustee Koenig informed the Board that the Committee has not met since the last Board

meeting. She commented that on the agenda for this evening was an amendment to the

Village of Lombard Financial Policies concerning the Fund Balance and Reserve Policy.

This item had the unanimous recommendation of the Committee as it will save costs by

maintaining an acturarially determined reserve rather than the previous policy that

maintained a fund balance equal to 25% of its annual operating expenditures. Trustee

Koenig said the next meeting will take place on November 28, 2001, and pointed out

that this meeting is on the last Tuesday of the month rather than the third Wednesday.

Village Manager William T. Lichter stated that the Strategic Planning Session will be

next Tuesday, November 6, 2001 with the agendas going out on November 2, 2001.

Trustee Tross reminded fellow board members that it was All Saint's Day, and that the

day before, October 31, Halloween, was President Mueller's birthday. On behalf of

Lombard, he wished President Mueller a happy birthday and many happy returns.

Trustee Tross said that he was reminiscent of the October flooding, that he has read the

reports and believed that the flooding was more extensive than the 112 homes indicated

in the report. He felt that it was not a true reflection of the flooding in his district. He

stated that he had received a call that the Roosevelt Crest area was still in need of a

pickup of flood damaged materials. He commented that he believes the pump and clean

up policy of the Village needs to reviewed in the coming year. He was pleased to

announce that staff chose to use Third Party Administrators to deal with the flood

damage and he thanked staff members for taking that initiative.

On another matter, regarding wind damage this past week, he was called by a resident

who was told a fallen tree that was on her property, although it was not her tree, was her

responsibility. He also commented that he had received six phone calls regarding leaf

pick up and he asked that the Environmental Concerns Committee review leaf pick up

dates. He realizes that there is no ideal time frame for leaf pick up but felt that the close

of leaf pick up in December is too late.

Trustee Tross also requested an updated list of the Board and Committee vacancies, so

the Trustees can use their contacts to help fill these positions.

President Mueller agreed that these issues need to be addressed, and some issues are

more immediate than others, such as flooding. He discussed the fact that headway has

been made over the years regarding flooding, but some problems still need to be solved

in the future. The acquisition of additional property needs to be investigated, possibly in

a Strategic Planning Session.

Trustee Sebby commented that he attended the Lee Daniels Annual Breakfast which he

found very informative regarding Route 53, safety issues, and the Route 64 (North

Avenue) project that will be coming up this year. He commented that the Route 53

project includes five lanes from Roosevelt to Butterfield and then it will go to two lanes.

He stated that Illinois is in better fiscal shape than ten years ago, and there may be

some funds available for other projects.

Trustee Sebby also spoke of an unfortunate recording error as he watched a television

broadcast of the October 18, 2001 Board of Trustees meeting. He stated that an

advertisement for the DuPage Theater broke in to the taped Board meeting.

Trustee Sebby also mentioned that he was upset to learn that a new group had been

formed by Trustee DeStephano regarding the DuPage Theater. He felt it should have

been discussed with other Trustees since it involves other districts than her own.

Trustee DeStephano acknowledged that Trustee Sebby's district includes a good portion

of the downtown area. She clarified that the group she formed is strictly a research and

advisory group to investigate properties and businesses in regard to the DuPage

Theater. She stressed that the group has no village authority, she stated that there was

no disrespect intended and wished to apologize publicly

Trustee DeStephano referred to the Board Meeting of October 18, 2001, the public

participation segment of Pete Ochipinti. She stated that she did meet with Mr. Ochipinti

on September 12, 2001 at his request. She went on to say that his allegation that she

changed her mind is totally wrong and she refutes all claims by Mr. Ochipinti.

President Mueller commented that although Trustee DeStephano's efforts regarding the

DuPage Theater are appreciated, the downtown area is a not only a district issue but a

Village of Lombard issue.

It was moved by Trustee Sebby, seconded by Trustee Soderstrom, 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:

Trustee Joan DeStephano, Trustee Richard J. Tross, Trustee Karen

Koenig, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee

Rick Soderstrom

This Matter was approved on the Consent Agenda.

Director of Community Development, David Hulseberg introduced Dave Gorman,

Private Development Engineer I, to answer any questions. Mr. Gorman stated that the

Planning Department memo addresses the issues and he would be happy to answer

any of the Trustees' questions.

Trustee Sebby asked about residents comments regarding soil conditions, and the area

previously being a wetland.

Dave Hulseberg stated that there was a significant amount of peat, and that caissons,

30 feet in depth were called for in that area. This would be the requirement which was a

building code issue.

Chief Seagraves explained that the evaluation of the soil boring for each house will

dictate the requirements for each home.

Trustee Sebby asked if each individual house would require this and Chief Seagraves

answered yes.

Trustee Florey questioned if the village building code addresses the problems of

driveway and stoop problems talked about by a resident at the meeting on October 18,

2001.

Chief Seagraves commented that this is a problem not only on these soils, but there are

problems elsewhere as well.

Trustee Florey asked if this issue could be addressed with ordinance changes, to which

Chief Seagraves answered that an engineer may need to come in to evaluate the area.

Village Engineer Dave Dratnol explained that when soil is disturbed, significant changes

take place and eventual settlement will occur.

Trustee Sebby inquired if the village would be liable for any future problems.

Mr. Dratnol commented that surcharges have been done on other projects of that

nature.

Trustee Tross asked if soil borings are required at this stage.

Chief Seagraves stated that the village can require soil borings if we are aware of any

problems before the development.

Trustee Tross referred to his memo which explained his apprehension about this item

including a per lot surcharge fee, stormwater detention and Special Assessment 213.

He questioned why Special Assessment 213 was not noted.

Village Attorney Tom Bayer responded that the Special Assessment is not

levied/payable until 2002.

Trustee Tross expressed his belief that all lots should participate in the Special

Assessment equitably, not just on the frontage.

Attorney Bayer stated that this would be due and payable from each lot after

subdivision. The petitioner would come to BOLI to approve the assessment which would

be done on a foot frontage cost. The two lots that face Pleasant would not be eligible for

the assessment.

Trustee Tross stated that he felt a review of the Homeowner's Association Covenants

regarding stormwater useage, fences, etc. would be necessary.

Trustee DeStephano expressed her thanks to Mr. Heniff, Mr. Gorman, Mr. Dratnol and

Trustee Tross for the time they have taken to meet with her since the last Board

meeting. She then went on to express her concerns, some of which were the proximity

of the property to water and ponds, and it's previous determination of being a wetland

and the fact that this property has been vacant for so long. She also voiced her concern

regarding future problems for homeowners if building codes are not adhered to. She

would like to see the Village acquire this land and make it into a stormwater detention

pond. She stated that she was not comfortable with going any further with this property.

Trustee Soderstrom commented that there are just some parcels of land that should not

be developed, whether codes are met or not. His concerns were of soil problems and

future problems regarding ancillary structures. He was reluctant to approve a project

that may be future problems.

President Mueller stated that when he was on the Plan Commission in the past, there

was a development that there was some opposition to. The engineering was fine tuned

and a successful project resulted.

Trustee Tross agreed that that was indeed the case at Brewster Woods.

President Mueller said that much of the flooding problems to the North were relieved

because of this.

Trustee Tross again agreed and added that a Special Assessment was added, along

with detention and sewers.

Trustee Koeing asked for clarification from Attorney Bayer regarding the developers

responsibility/obligation to disclose the soil conditions to purchasers.

Attorney Bayer affirmed that construction details would be provided and buyers could

request soil condition reports.

Trustee Tross pointed out that an individual builder of a custom home would not need to

disclose this information.

Chief Seagraves agreed that this was true unless the purchaser asked the right

questions.

Trustee Koenig stated that she would be more comfortable approving this matter if a

legal disclosure statement were a part of the agreement. She also mentioned some

concerns about County stormwater detention.

President Mueller stated that a disclosure requirement would need to be on all

developers. He agreed with Trustee Koenig, and President Mueller stated that he

doesn't like the fact that the County is now banking stormwater detention.

Trustee DeStephano referred to the problems with the homes on Berkshire in the

October flooding.

Trustee Tross commented that he thought there is no designated need for a Village

stormwater detention in this area. He also said that he has concerns about denying a

compliant petitioner or the suggestion that the Village purchase the property. He stated

that he would support a preliminary plat, but he would like to see a development

agreement and homeowners covenant before final plat approval.

Trustee Destephano commented that she spoke to residents in her district and they

responded that they need stormwater detention in that area which is very expensive as

costs are calculated per foot/acre of water.

Mr. Dratnol responded with "More or less."

Trustee Tross remarked that the stormwater detention that is going into this property will

help the existing properties in the area.

Mr. Hulseberg commented that there would be a benefit to adjacent properties.

Trustee Sebby said that he would like to hear from the petitioner.

Trustee Tross expressed his belief that it was the petitioner's right to speak.

Pete Ochipinti, 303 W. Windsor, spoke on behalf of himself as the builder. He stated

that has been building in Lombard for years. He has built on pylons in the past and his

proposed subdivision meets all codes and ordinances. He pointed out that the old village

hall was built on bad soil, and the development that is there now is good. He

commented that what is underground has nothing to do with the subdivision. Mr.

Ochipinti also stated that he was involved in this development to make money and that

the Village makes money on the taxes.

President Mueller asked Mr. Ochipinti if he would notify a purchaser regarding pylons

and or floating base.

Mr. Ochipinti stated that he would disclose to all buyers the building considerations.

President Mueller then asked Mr. Ochipinti if he would make disclosures on the

development agreement and Mr. Ochipinti agreed to this.

Trustee Sebby stated that the concerns of the Board had nothing to do with Mr. Ochipinti

as a developer, but the issue is to provide future citizens a safe home to move into and

try to avoid future problems.

Mr. Ochipinti mentioned one of the residents that spoke at the Board of Trustees

meeting on October 18, 2001 regarding the problems with her home. He stated that her

property had special considerations in the fact that the builder that built her home died

and the work was not completed properly.

Trustee Florey voiced his concern that developers are not meeting their obligations.

President Mueller stated that a letter would be forthcoming from the Zoning Board of

Appeals.

Trustee asked if the Plan Commission's recommendation is denied, when can this

matter be reviewed by the Plan Commission.

Trustee Tross stated if the developer came forth with a development agreement and the

Board disagreed with any aspect of it, the Board could not choose to approve the final

plat.

Attorney Bayer interjected that the approval of the plat of subdivision could be denied

without a satisfactory development agreement. The inability to bring this matter back

before the Plan Commission only applies to zoning issues.

Trustee Tross pointed out the if the developer came forth with a development agreement

and the Village disagreed with any aspect, the Village could choose not to approve a

final plat.

Attorney Bayer stated that the Village could deny approval of a plat of subdivision and

without a satisfactory development agreement the Village could deny this matter.

Trustee Florey asked if the code addressed all concerns properly.

Trustee Tross commented that if called upon to make a judgement in trial, how would

the Board know that the driveways will sink. He also stated that a reason was not being

given for denial and asked if staff could put additional requirements on the developer in

light of the soil concern.

President Mueller hoped that residents do not look to the Board to protect them against

all events. He then referenced a past development that was denied by the Board, it was

then court ordered to approve it and the results were poor.

Trustee Florey suggested that the Board go to Executive Session.

Trustee DeStephano withdrew her motion to deny SUB 01-03 and Trustee Florey

withdrew his second. Trustee Florey asked if the last two items on the agenda should be

concluded before Executive Session. President Mueller stated that in regard to fairness

to the developer, Executive Session should be done at that time.

Mr Lichter stated that this item was reviewed by the Community Promotion and Tourism

Committee, and because of a projected revenue decrease of $338,000, resulting in a

deficit of $158,490.00. The Committee approved cuts of $120,735. He also stated that

further cuts may be necessary in order to eliminate a deficit on a yearly basis.

President Mueller stated that the Committee had looking at possible cuts at the

September meeting and they will be monitoring the situation at the January meeting. He

commented that some areas in Chicago show a 40% decrease, where Lombard is down

by only 25%.

Trustee Tross inquired about what has already been spent from the budget and what

programs may be cut in light of the deficit.

Mr. Lichter said he will supply a comprehensive report dealing with this issue.

Mr. Lichter stated that the members of the Board had been provided with a report on this

matter and that he would to defer to Chief Dillenkoffer to answer any questions the

Board may have.

Trustee Tross clarified that he did not pull this item from the consent agenda, Trustee

DeStephano did. Trustee Tross's question was how will the new technology affect

personnel.

Chief Dillenkoffer stated that at the present time, one employee spends half of her time

in response to protests with the assistance of a second employee. He went on to say

that the current system is based at an out of state location and with the award of this

contract the process would be streamlined and remain in-house.

Trustee Tross is concerned about the employee stress and the addition of manhours

that are going to be required in the downloading of the system.

Trustee Tross asked if this program would integrate with the Village's present AS400

program.

Finance Director Len Flood stated that it would interface with the current system.

Trustee Tross asked Chief Dillenkoffer, if in the future, more hand held units can be

purchased in order to generate parking tickets that do not need to be hand scanned into

the system at a later time.

Trustee DeStephano questioned the Chief as to the margin of discount he was able to

negotiate. She commented that this is what she does for a living.

Chief Dillenkoffer stated that the current vendor would require a percentage of total

revenues, and that this recommended process would mean the establishment of a

municipally run administrative hearing officer. This will allow the process to go from a

ticket to a hearing in 30 days and then would go to a collection agency.

Trustee Tross asked if the statute of limitations would be honored, and Chief Dillenkoffer

affirmed this to be true.