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Village Board of Trustees

Regular Meeting

Lombard, IL · August 15, 2019

AgendaMinutes

Minutes

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Thursday, August 15, 2019 7:00 PM Village Hall Board Room Village Board of Trustees Village President Keith Giagnorio Village Clerk Sharon Kuderna Trustees: Dan Whittington, District One; Anthony Puccio District Two; Reid Foltyniewicz, District Three; Andrew Honig, District Four; Dan Militello, District Five; and Bill Ware, District Six Village Board of Trustees Minutes August 15, 2019 I. Call to Order and Pledge of Allegiance The regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, August 15, 2019 in the Board Room of the Lombard Village Hall was called to order by Village President Keith Giagnorio at 7:00 p.m. The Pledge of Allegiance was led by Director of Public Works Carl Goldsmith. II. Roll Call 7 - Keith Giagnorio, Sharon Kuderna, Dan Whittington, Reid Foltyniewicz, Andrew Honig, Dan Militello, and Bill Ware 1 - Anthony Puccio Staff Present: Village Manager Scott Niehaus Director of Finance Tim Sexton Director of Community Development Bill Heniff Director of Public Works Carl Goldsmith Chief of Police Roy Newton Fire Chief Richard Sander Assistant Village Manager Nicole Aranas Executive Coordinator Carol Bauer III. Public Hearings 190345 Public Hearing Butterfield Road Yorktown Business District No. 2 A public hearing in regard to the designation of a business district to be known as the Butterfield Road/Yorktown Business District No. 2, the approval of a business district plan in relation thereto, and the making of a blighted area finding in relation thereto. Village Attorney Tom Bayer called the Public Hearing to order at 7:03 p.m. and read the following statement: The Public Hearing tonight is in regard to the Village’s proposal to approve a Business District Plan and designate a Business District with a blight finding, so that a 1% Business District Sales Tax can be imposed, within an area to be known as the Butterfield road/Yorktown Business District Number 2. In accordance with the Business District Development and Redevelopment Law, the Village has taken the following actions on the following dates in regard to the establishment of the proposed Business District: Approved, by Ordinance, the preparation of the Business District Plan - Village of Lombard Page 1 Village Board of Trustees Minutes August 15, 2019 December 6, 2018; Approved, by Ordinance, the date and procedures for this Public Hearing regarding the proposed Business District - July 18, 2019; Made the proposed business District Plan available for review by the public - July 18, 2019; Published notice of the Public Hearing in the newspaper twice (Daily Herald - July 22, 2019 and July 23, 2019. Pursuant to the Business District Development and Redevelopment Law, the village is holding this Public Hearing on the proposals to approve a Business District Plan and to designate the Business District with a blighted area finding so that a 1% Business District Sales Tax can be imposed. The Business district under consideration is generally located north of Butterfield road and south of 22nd Street from Highland Avenue to Fairview Avenue, and south of Butterfield Road and north of I-88 from the west of Maxant Drive to Gilmore Lane. The Business District Plan for the Business District under consideration this evening provides, generally, that the Village may provide or enter into agreements with developers or business owners and tenants to provide certain public and private improvements in the Business District to enhance the immediate area and to serve the needs of development and the interests of the Village and its residents, and to eliminate the blighting conditions therein. The Village intends to develop the Business District in accordance with the Village’s Comprehensive Plan, further contributing to the long-term economic health and vitality of the Village. Proposed Village projects in the Business District may include, but shall not necessarily be limited to: A. The redevelopment of the former Carson’s tenant space, in the Yorktown Shopping Center, and the adjacent areas, into modern, renovated retail/commercial uses, or other recreation, entertainment or other land uses that may stimulate additional business activity within the proposed Butterfield Road/Yorktown Business District No. 2 or the Village as a whole; B. The improvement of public utilities, including construction of replacement of the public utility mains, service lines and related system improvements; C. The improvement of internal roads, entryway related features, and intersections; D. The installation of new traffic signalization and/or signs; E. The installation, repair, construction, reconstruction and/or relocation of public streets and other public site improvements that are essential to the preparation of the proposed Butterfield Road/Yorktown Business District No. 2 for use in accordance with the Business District Plan, but which are located outside of the geographical boundaries of the proposed Butterfield Road/Yorktown Business District No. 2; Village of Lombard Page 2 Village Board of Trustees Minutes August 15, 2019 F. The installation, repair, construction, reconstruction and/or relocation of public utilities, essential to the preparation of the proposed Butterfield Road/Yorktown Business District No. 2 for use in accordance with G. The beautification and installation of identification markers, landscaping/streetscaping; H. The relocation and/or burial of utility lines; I.The rehabilitation of structures and construction of site improvements, including parking improvements; J.The elimination of blighting conditions within the proposed Business District; and K. Entering into agreements with one or more developers or other private sector interests in order to implement the foregoing. The Village intends to impose a One Percent (1%) Business District retailers’ occupation tax and a One Percent (1%) Business District service occupation tax, as permitted by the Business District Development and Redevelopment Law, in the Business District for the planning, execution and implementation of THE business district plan, and to pay for business district project costs as set forth in the business district plan. Any interested person may file a written objection with the village clerk at this time, and may be heard orally with respect to any matters embodied within the notice of this Public Hearing. Any alternate proposals or bids for any proposed conveyance, lease, mortgage, or other disposition by the village of land or rights in land owned by the village in the business district, and any objections, shall be heard and determined this evening. There currently are no land or rights in land owned by the Village, in the Business District, that are proposed for conveyance, lease, mortgage or other disposition by the Village. The Village’s consultants, Bob Richlicki and Nina Coppola of Kane, McKenna and Associates, in conjunction with Village staff. Will now give a presentation on the purposes, uses and designation of the proposed Business District, along with further details on the business District Plan in relation thereto, and the blighted area funding contained there. Director of Community Development Bill Heniff provided a PowerPoint overview relative to the purposes, uses and details. Bob Richlicki of Kane McKenna also provided additional information on the proposed Business district. Nina Coppola of Kane McKenna also provided information on the proposed Business District. Village Attorney Tom Bayer asked if anyone wanted to speak relative to the proposed Business District. Bill Apostolou, Carlisle Banquets, spoke relative to the proposed 1% tax increase and even though he understood the benefits for some businesses, did not feel it would be a benefit to The Carlisle. He spoke of the 1% tax increase equating to a large sum of money for those Village of Lombard Page 3 Village Board of Trustees Minutes August 15, 2019 individuals coming in to plan events such as weddings and individuals shopping for the best price. He stated The Carlisle has a higher tax rate than Drury Lane and the Abbington, both not that far from The Carlisle. He stated The Carlisle has remodeled three times since they have been at the current location and invested $100,000 in parking lot repairs and paving that they paid for themselves. He spoke of the added tax increase most likely resulting in less bookings and less money to the Village. He noted The Carlisle is a small family business and this will hurt their business. Noted The Carlisle is across the street from Yorktown and that Miller's Ale House next door is not included in the TIF boundary. Trustee Foltyniewicz asked about the term of the proposed Business District. Response: 23 years. President Giagnorio inquired about the boundaries. Director of Community Development Bill Heniff reported that blighted factors have to be met; spoke of the south side of Butterfield Road, Hamilton Partners vacant lot, the traffic signal at Butterfield and Fairfield, cross access of NICOR property, signage packages. Bob Richlicki noted that marketing for business would be an eligible expense and could be considered by the Village. Trustee Ware asked when this would next be reviewed. Response September 5th. Village Manager Scott Niehaus noted there will be two items on the September 5th relative to this matter. A Public hearing will be scheduled for September 19th. Letters will be sent to 139 businesses as a matter of transparency. It was moved by Trustee Dan Whittington, seconded by Trustee Bill Ware that the Public Hearing held on Thursday, August 15, 2019 in the Board Room be closed at 7:41 p.m. IV. Public Participation 190354 Presentation - Beth Marchetti, Executive Director, DuPage Convention & Visitors Bureau Beth Marchetti, Executive Director of the DuPage Convention & Visitors Bureau, provided an update/overview of the DuPage Convention & Visitor's Bureau and the work that they do to encourage tourism, and the DuMore in DuPage program. Lombard is the second largest community in DuPage County in the number of hotel rooms. Spoke of the Cycling Classic that was held in downtown Lombard and other neighboring communities. Noted that the USA Weightlifting Championship is scheduled to be held here at The Westin before the Olympics and will focus on the "road to the olympics comes right through Lombard". She thanked the Village for their continued support and partnership. Village of Lombard Page 4 Village Board of Trustees Minutes August 15, 2019 V. Approval of Minutes A motion was made by Trustee Andrew Honig, seconded by Trustee Dan Whittington, that the minutes of the Regular Meeting of July 18, 2019, minutes of the Special Meeting of July 31, 1029, minutes of the Special Meeting of March 7, 2019 and minutes of the Special Meeting of April 25, 2019 be approved. The motion carried by the following vote: Aye: 5- Dan Whittington, Reid Foltyniewicz, Andrew Honig, Dan Militello, and Bill Ware Absent: 1- Anthony Puccio VI. Committee Reports Community Promotion & Tourism - Trustee Andrew Honig, Chairperson Trustee Andrew Honig, Chairperson of the Community Promotion & Tourism Committee, reported the committee was given a presentation from the Lombard Historical Society; a presentation from the DuPage Convention and Visitors’ Bureau; a review of the new Boards, Committees and Commissions Handbook and Social Media Policy; a presentation on the 2020 Village Budget and Home Rule. Community Relations Committee - Trustee Dan Militello, Chairperson Trustee Dan Militello, Chairperson of the Community Relations Committee, reported the Senior Fair will be held at the Lombard Park District Recreation Center on October 2nd. Economic/Community Development Committee - Trustee Anthony Puccio, Chairperson Trustee Reid Foltyniewicz, Alternate Chairperson of the Economic & Community Development Committee, reported the committee met and received an update on the proposed FY 2020 budget and financial forecast. Village of Lombard Page 5 Village Board of Trustees Minutes August 15, 2019 Finance & Administration Committee, Trustee Reid Foltyniewicz, Chairperson Trustee Reid Foltyniewicz, Chairperson of the Finance & Administration Committee, the committee met and reviewed the proposed FY 2020 budget, water and sewer rates, commuter parking changes and fees, five year financial forecast and the property tax levy. Public Safety & Transportation Committee - Trustee Dan Whittington, Chairperson Trustee Dan Whittington, Chairperson of the Transportation & Safety Committee, reported the committee met and received an update on the proposed FY 2020 budget and home rule and the committee reviewed a proposal relative to a new Adjudication Hearing Officer. Public Works & Environmental Concerns Committee - Trustee Bill Ware, Chairperson Trustee Bill Ware, Chairperson of the Public Works & Environmental Concerns Committee, reported the committee met and received an update on the proposed FY 2020 budget and reviewed a proposed amendment to the Solid Waste Contract with Waste management. Board of Local Improvements - Trustee Bill Ware, President No report Lombard Historic Preservation Commission - Village Clerk Sharon Kuderna No report VII. Village Manager/Village Board/Village Clerk Comments Village Clerk Sharon Kuderna read the following announcements: The ever-popular Cruise Nights continues Saturdays from 6-10 pm in downtown Lombard with featured band, HiFi Superstar. There will be lots of cool cars, entertainment, a Kid’s Corner and all for free. Please join us for this weekly family-friendly event. The Grand Finale of our Cruise Nights Summer Concerts is scheduled for August 24th and American English will be performing. Learn more about this end of season fun at villageoflombard.org/cruisenights The Village Board meeting scheduled for Thursday, September 5th will begin at 6:00 PM instead of the regular 7:00 pm start time. Village offices will be closed on Monday, September 2 in recognition of Labor Day. The Lombard Police Department will have added patrols leading up to the holiday weekend and will be enforcing seat belt, Village of Lombard Page 6 Village Board of Trustees Minutes August 15, 2019 violations of cell phone use as well as any impaired driving. Make this a safe and happy holiday! The Village’s We Remember Blood Drive is scheduled for Wednesday, September 11th and will be held at three locations: Yorktown Center from 8:00 am until 1:00 pm; Beacon Hill Retirement Center from 1:00 pm until 4:30 pm and at the Village Hall from 1:30 pm until 7:00 pm. All donors will receive a coupon for a pint of Culver’s frozen custard as well as an official NFL licensed Chicago Bears shirt. Be someone’s hero; donate blood; it saves lives! VIII Consent Agenda . Payroll/Accounts Payable A. 190308 Approval of Accounts Payable For the period ending July 19, 2019 in the amount of $258,452.39. This Payroll/Accounts Payable was approved on the Consent Agenda B. 190312 Approval of Village Payroll For the period ending July 20, 2019 in the amount of $834,362.51. This Payroll/Accounts Payable was approved on the Consent Agenda C. 190313 Approval of Accounts Payable For the period ending July 26, 2019 in the amount of $1,368,831.13. This Payroll/Accounts Payable was approved on the Consent Agenda D. 190321 Approval of Accounts Payable For the period ending August 2, 2019 in the amount of $2,403,202.53. This Payroll/Accounts Payable was approved on the Consent Agenda E. 190347 Approval of Village Payroll For the period ending August 3, 2019 in the amount of $841,222.51. This Payroll/Accounts Payable was approved on the Consent Agenda F. 190348 Approval of Accounts Payable For the period ending August 9, 2019 in the amount of $846,745.65. This Payroll/Accounts Payable was approved on the Consent Agenda Ordinances on First Reading (Waiver of First Requested) G. 190231 Coin-Operations and Amusement Tax - Amendments to Section Village of Lombard Page 7 Village Board of Trustees Minutes August 15, 2019 110.20 of the Village Code Recommendation from the Economic & Community Development Committee (ECDC) to approve text amendments to Chapter 110 of the Village Code, (Sections 110.21(B), 110.21(C), 110.22(E), 110.25, 110.28(C), 110.28(D) and 110.30) thus altering the fee structure to be an annual fee of $75 per machine, regardless of the number of machines at a business. In addition to revising the fee, the Ordinance also corrects the approved number of Class A and Class B licenses, deletes references to the Bureau of Inspectional Services, and deletes references to the Class C license. (DISTRICTS - ALL) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7698 H. 190296 PC 19-17: 1047-1109 E. St. Charles Road - Sign Variance Recommendation from the Plan Commission to approve the petitioner's request that the Village take the following actions on the subject property located within the B4 Corridor Commercial District: 1. Approve a variation from Section 153.208(B) of Village Code to allow a shopping center identification sign to be located within the clear line of sight area; and 2. Approve a variation from Section 153.235(F) of Village Code to allow a shopping center identification sign that is set back less than five feet from an interior property line within a shopping center. (DISTRICT #4) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7699 I. 190311 Amendments to Sections 151.03 (A) and 151.03 (B)(2) of the Village Code - Stormwater and Flood Plain Regulations The Department of Community Development transmits for your consideration a proposed Ordinance to revise Sections 151.03 (A) and 151.03 (B)(2) of the Village Code. The Ordinance updates the FEMA Flood Insurance Study and the effective date of the DuPage County Stormwater and Flood Plain Ordinance. (DISTRICTS - ALL) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7700 J. 190340 Scrivener’s Error to the Lombard Code of Ordinances - Section 155.602 of the Village Code, Accessible Parking Requirements Ordinance correcting certain scrivener's errors relative to Section 155.602 Accessible parking requirements. The amendment reflects the Village of Lombard Page 8 Village Board of Trustees Minutes August 15, 2019 actions of the Plan Commission at their December 12, 2016 meeting and deletes all other local references to accessible parking requirements and exclusively references the provisions of the Illinois Accessibility Code (IAC) (DISTRICTS - ALL) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7701 Other Ordinances on First Reading Ordinances on Second Reading Resolutions K. 190280 Support for the DuPage Coalition for Tourism and County Authority to Enact a County Hotel Tax Recommendation from the Community Promotion & Tourism Committee regarding support of the DuPage Convention & Visitors Bureau as well as The DuPage Coalition for Tourism granting authority to DuPage County to enact a County hotel tax not to exceed 2.5%. This Resolution was adopted on the Consent Agenda Enactment No: R 41-19 L. 190314 Central Pressure Adjusting Station Improvements, Change Order No. 6 Reflecting an increase to the contract with JJ Henderson & Son in the amount of $20,393.20. (DISTRICT #4) This Resolution was adopted on the Consent Agenda Enactment No: R 42-19 M. 190352 Cruise Nights License Agreement AT&T Resolution authorizing approval of the License Agreement with AT&T, and authorizing the Village President's signaturte, authorizing the Village of Lombard to use a portion of the parking lot at 20 N.Main Street for the Cruise Nights Summer Concert Series finale on August 24, 2019. (DISTRICT #1) This Resolution was adopted on the Consent Agenda Enactment No: R 43-19 Other Matters N. 190332 Landscape and Parkway Restoration Village of Lombard Page 9 Village Board of Trustees Minutes August 15, 2019 Recommendation to terminate a contract with TNT Landscape and Construction, Inc., and award a contract to Uno Mas Landscaping, the second lowest bid of three bidders, in the amount of $49,950.00. (DISTRICTS - ALL) This Bid was approved on the Consent Agenda O. 190295 PC 19-16: 591 S. Main Street - Request for a conditional use for motor vehicle sales (Rental of Penske Trucks) Concur with the recommendation from the Plan Commission to deny a zoning conditional use pursuant to Section 155.414(C)(16) of the Lombard Village Code to allow for motor vehicle sales in the B2 General Neighborhood Shopping District on the subject property. (DISTRICT #5) This Request was approved on the Consent Agenda P. 190334 Agreement with Comcast Business for Ethernet Dedicated Internet Services Request for approval of a three (3) year agreement with Comcast Business in the total amount of $27,000, ($9,000 per year for three (3) years), for Ethernet Dedicated Internet Services. This Request was approved on the Consent Agenda Q. 190346 Regular Village Board Meeting - Time Change Request for concurrence of the Village Board to approve a change in the start time of the September 5, 2019 regulary scheduled Village Board meeting from 7:00 pm to 6:00 pm. This Request was approved on the Consent Agenda R. 190349 DuPage Convention & Visitors Bureau - Financial Commitment Request from the DuPage Convention & Visitors Bureau affirming the Village's commitment of 25% of one of the occupancy tax points of the annual collected hotel/motel tax for Fiscal Year 2020. This Request was approved on the Consent Agenda S. 190328 Re-appointments - Board of Fire & Police Commissioners, Board of Building Appeals, Board of Local Improvements, Historic Preservation Commission, Fire Pension Fund Board of Trustees, Police Pension Fund Board of Trustees, and Zoning Board of Appeals Request for concurrence in the following re-appointments: Ken Florey to the Board of Fire & Police Commissioners for a three year term to May 2022; Bob Mueller, Maurice Bernardi, Marty Igoe, Steven Flint and John Cullen to the Board of Building Appeals for three year terms to May 2022; Bill Ware and Cory Gapstur to the Board of Local Improvements for two year terms to May 2021; Rita Schneider, Tom Fetters, Eileen Mueller, Village of Lombard Page 10 Village Board of Trustees Minutes August 15, 2019 Marcy Novak, Lynn O'Donnell and Stephanie Zabela to the Historic Preservation Commission for four year terms to January 2023; Ron Rakosnik to the Fire Pension Board of Trustees for a three year term to April 2022; Daniel Brink to the Police Pension Fund Board of Trustees for a two year term to April 2021; and Mary Newman to the Zoning Board of Appeals for a five year term to May 2024. This Appointment was approved on the Consent Agenda Approval of the Consent Agenda A motion was made by Trustee Dan Militello, seconded by Trustee Bill Ware, to Approve the Consent Agenda The motion carried by the following vote Aye: 5- Dan Whittington, Reid Foltyniewicz, Andrew Honig, Dan Militello, and Bill Ware Absent: 1- Anthony Puccio IX. Items for Separate Action Ordinances on First Reading (Waiver of First Requested) A. 180330 Proposed Butterfield Yorktown Business District No. 2 Designating the District, Approving the Plan and Making a Blighted Finding Ordinance which designates a business district to be known as the Butterfield Road/Yorktown Business District No. 2 which will encompass identified properties along the Butterfield Road Corridor. The Ordinance includes approving a companion Business District Plan and a requisite finding of blight within the designated Business District area. The Plan identifies how the proposed District meets the qualifications for establishing a Business District and identifies potential public and private improvements that may be undertaken in furtherance of the District Plan. (DISTRICT #3) A motion was made by Trustee Reid Foltyniewicz, seconded by Trustee Dan Whittington, that the Ordinance relative to the proposed Butterfield Yorktown Business District No. 2 designating the District, approving the Plan and making a blighted finding was waived of first reading and passed on second reading with suspension of the rules. The motion carried by the following vote: Aye: 5- Dan Whittington, Reid Foltyniewicz, Andrew Honig, Dan Militello, and Bill Ware Absent: 1- Anthony Puccio Enactment No: Ordinance 7702, 7689, 7610 B. 190279 Proposed Butterfield Road/Yorktown Business District No. 2 Imposing a Business District Retailers Occupation Tax and Village of Lombard Page 11 Village Board of Trustees Minutes August 15, 2019 Business District Service Occupation Tax of Up to One Percent - Public Hearing Ordinance setting forth a Public Hearing Date of September 19, 2019 to consider the creation of a One Percent Business District Retailers Occupation Tax and Business District Service Occupation Tax in furtherance of the proposed Butterfield Road/Yorktown Business District No. 2. (DISTRICT #3) A motion was made by Trustee Andrew Honig , seconded by Trustee Reid Foltyniewicz, that the Ordinance relative to the proposed Butterfield Road/Yorktown Business District No. 2 imposing a Business District Retailers Occupation Tax and Business District Service Occupation Tax up to one percent was waived of first reading and passed on second reading with suspension of the rules. The motion carried by the following vote: Aye: 5- Dan Whittington, Reid Foltyniewicz, Andrew Honig, Dan Militello, and Bill Ware Absent: 1- Anthony Puccio Enactment No: Ordinance 7703 Other Ordinances on First Reading C. 190289 ZBA 19-05: 244 E St. Charles Road The petitioner requests that the Village approve zoning variations from Section 155.205(A)(2)(c)(ii) of the Lombard Village Code for a fence of up to eight (8) feet, where a maximum of four (4) feet in height is permitted in the rear front yard of a through lot in the B2 General Neighborhood Shopping District. As this item received no recommendation from the Zoning Board of Appeals (ZBA) an Ordinance approving the variation requires a two-thirds vote of the Trustees (4 of the 6 Trustees). (DISTRICT #4) Trustee Honig reported that he had received questions and concerns from neighbors who reside on Windsor relative to the proposed eight foot fence at the animal hospital. He asked staff to provide an overview of a Power Point presentation. He stated that he is proposing that this matter be continued to the September 5th Village Board meeting to allow time for the residents, staff and the owners of the animal hospital to meet, review the matter and see if a compromise can be reached. Director of Community Development Bill Heniff provided an overview of the proposed fence to be located at 244 E. St. Charles Road. He spoke of the closing of the former Allied Drywall business and that new homes have been constructions on Windsor across from the back of the animal hospital property. Ray Keeler felt the eight foot proposed fence was too tall and spoke about landscaping and screening. Joanne Romano spoke about the animal hospital and what a great place it was, but felt there was a lack of communication relative to the fence, Village of Lombard Page 12 Village Board of Trustees Minutes August 15, 2019 and was opposed to the proposed eight foot fence. Jason Flores noted he was opposed to the right foot proposed fence; thanked the Village Board for listening; spoke of property values; asked the Board to uphold the code. Megan Cercola was opposed to the proposed eight foot fence; hoped the residents and owners of the animal hospital could work together to find a solution. Trustee Ware questioned the reason for the proposed eight foot fence. Dr. Ludwig noted the proposed eight foot fence was for security for the animals that are treated at the clinic; felt coyotes could easily jump a six foot fence; Greg Ludwig noted he had provided pictures of a proposed fence and landscaping and hoped to work with the residents. Trustee Andrew Honig felt a meeting with the residents and animal hospital owners would be a way to review and hopefully resolve any issues. Dr. Ludwig noted the dogs in the fenced area would never be unsupervised and there would not be large groups of dogs in the area; noted that coyotes can jump an eight foot fence. President Giagnorio asked the residents to bring their concerns and suggestions to a meeting that will be scheduled. A motion was made by Trustee Andrew Honig , seconded by Trustee Reid Foltyniewicz, that this matter be continued to the September 5, 2019 Village Board meeting. The motion carried by the following vote: Aye: 5- Dan Whittington, Reid Foltyniewicz, Andrew Honig, Dan Militello, and Bill Ware Absent: 1- Anthony Puccio Ordinances on Second Reading D. 190260 PC 19-14: 101-109 S. Main Street - Lilac Station Your Plan Commission transmits for your consideration its recommendation regarding the above-referenced petition. The petitioner requests that the Village take the following actions on the subject property, located within the B5PD Central Business District Planned Development: 1. Repeal Ordinances 4646 and 4654 in their entirety, which established a planned development with companion zoning variations and zoning deviations; 2. Approve a zoning conditional use for a new planned development with the following companion conditional use, use exception, variations, and deviations from the Village Code: Building: Village of Lombard Page 13 Village Board of Trustees Minutes August 15, 2019 a. A zoning conditional use pursuant to Section 155.418(C) of the Village Code to allow for outside display and sales of products (outdoor dining); b. A zoning deviation from Section 155.418(G) of the Village Code to allow for an increase in the maximum building height from forty-five feet (45’) to fifty feet (50’); c. A zoning variation from Section 155.418(J) of the Village Code to eliminate the transitional building setback for the mixed-use/residential building; d. A use exception pursuant to Section 155.508(B) of the Village Code to allow for dwelling units on the first floor; e. A zoning variation from Section 155.508(C)(6)(a) of the Village Code to allow for a reduction of the required front yard along Parkside Avenue to one foot (1’) from thirty feet (30’) for a planned development abutting the R2 Single-Family Residence District; Parking: f. A zoning deviation from Section 155.602, Table 6.3 of the Village Code to allow for a reduction of the required number of off-street parking spaces from 1.5 spaces per dwelling unit to 1.2 spaces per dwelling unit, for the residential portion of the development; g. A zoning deviation from Section 155.602(A)(5)(a) of the Village Code to allow the option for compact space width of 8’3” for the residential portion of development, where 9’ width is required; Landscaping/Fencing: h. A zoning variation from Section 155.205(A)(2)(f)(iii) of the Village Code for a fence or wall in the B5 District exceeding six feet (6”) in height; i. A zoning variation from Section 155.418(K), Section 155.508(C) (6)(b), Section 155.707(B)(3), Section 155.707(A)(3), and Section 155.709(B) of the Village Code to allow for the elimination of the transitional landscape yard improvements (on the east side), including fencing, and perimeter lot landscaping; j. A zoning variation from Section 155.706 of the Village Code to eliminate the interior and perimeter parking lot landscaping requirement; k. A zoning variation from Section 155.709(B) of the Village Code to eliminate the requirement to provide one (1) shade tree for every seventy-five (75) lineal feet of required perimeter lot landscaping; 3. Grant site plan approval authority to the Lombard Plan Commission. (DISTRICT #4) A motion was made by Trustee Reid Foltyniewicz, seconded by Trustee Bill Ware, that the Ordinance relative to PC 19-14 for the 101-109 S. Main Street (Lilac Station) property be passed on second reading. The motion carried by the following vote: Village of Lombard Page 14 Village Board of Trustees Minutes August 15, 2019 Aye: 5- Dan Whittington, Reid Foltyniewicz, Andrew Honig, Dan Militello, and Bill Ware Absent: 1- Anthony Puccio Enactment No: Ordinance 7704 Resolutions Other Matters X. Agenda Items for Discussion XI. Executive Session XII. Reconvene XIII Adjournment . A motion was made by Trustee Reid Foltyniewicz, seconded by Trustee Dan Whittington, that the regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, August 15, 2019 in the Board Room of the Lombard Village Hall be adjourned at 8:27 p.m. The motion carried by the following vote: Aye: 5- Dan Whittington, Reid Foltyniewicz, Andrew Honig, Dan Militello, and Bill Ware Absent: 1- Anthony Puccio Village of Lombard Page 15

Agenda

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Meeting Agenda Thursday, August 15, 2019 7:00 PM Revised August 13, 2019 Village Hall Board Room Village Board of Trustees Village President Keith Giagnorio Village Clerk Sharon Kuderna Trustees: Dan Whittington, District One; Anthony Puccio District Two; Reid Foltyniewicz, District Three; Andrew Honig, District Four; Dan Militello, District Five; and Bill Ware, District Six Village Board of Trustees Meeting Agenda August 15, 2019 I. Call to Order and Pledge of Allegiance II. Roll Call III. Public Hearings 190345 Public Hearing Butterfield Road Yorktown Business District No. 2 A public hearing in regard to the designation of a business district to be known as the Butterfield Road/Yorktown Business District No. 2, the approval of a business district plan in relation thereto, and the making of a blighted area finding in relation thereto. IV. Public Participation 190354 Presentation - Beth Marchetti, Executive Director, DuPage Convention & Visitors Bureau V. Approval of Minutes Minutes of the Regular Meeting of July 18, 2019 Minutes of the Special Meeting of July 31, 2019 Minutes of the Special Meeting of March 7, 2019 Minutes of the Special Meeting of April 25, 2019 VI. Committee Reports Community Promotion & Tourism - Trustee Andrew Honig, Chairperson Community Relations Committee - Trustee Dan Militello, Chairperson Economic/Community Development Committee - Trustee Anthony Puccio, Chairperson Finance & Administration Committee, Trustee Reid Foltyniewicz, Chairperson Public Safety & Transportation Committee - Trustee Dan Whittington, Chairperson Public Works & Environmental Concerns Committee - Trustee Bill Ware, Chairperson Board of Local Improvements - Trustee Bill Ware, President Lombard Historic Preservation Commission - Village Clerk Sharon Kuderna Village of Lombard Page 2 Printed on 8/14/2019 Village Board of Trustees Meeting Agenda August 15, 2019 VII. Village Manager/Village Board/Village Clerk Comments VIII. Consent Agenda Payroll/Accounts Payable A. 190308 Approval of Accounts Payable For the period ending July 19, 2019 in the amount of $258,452.39. B. 190312 Approval of Village Payroll For the period ending July 20, 2019 in the amount of $834,362.51. C. 190313 Approval of Accounts Payable For the period ending July 26, 2019 in the amount of $1,368,831.13. D. 190321 Approval of Accounts Payable For the period ending August 2, 2019 in the amount of $2,403,202.53. E. 190347 Approval of Village Payroll For the period ending August 3, 2019 in the amount of $841,222.51. F. 190348 Approval of Accounts Payable For the period ending August 9, 2019 in the amount of $846,745.65. Ordinances on First Reading (Waiver of First Requested) G. 190231 Coin-Operations and Amusement Tax - Amendments to Section 110.20 of the Village Code Recommendation from the Economic & Community Development Committee (ECDC) to approve text amendments to Chapter 110 of the Village Code, (Sections 110.21(B), 110.21(C), 110.22(E), 110.25, 110.28(C), 110.28(D) and 110.30) thus altering the fee structure to be an annual fee of $75 per machine, regardless of the number of machines at a business. In addition to revising the fee, the Ordinance also corrects the approved number of Class A and Class B licenses, deletes references to the Bureau of Inspectional Services, and deletes references to the Class C license. (DISTRICTS - ALL) Legislative History 6/10/19 Economic & Community tabled Development Committee 7/8/19 Economic & Community approved by the committee Development Committee Village of Lombard Page 3 Printed on 8/14/2019 Village Board of Trustees Meeting Agenda August 15, 2019 H. 190296 PC 19-17: 1047-1109 E. St. Charles Road - Sign Variance Recommendation from the Plan Commission to approve the petitioner's request that the Village take the following actions on the subject property located within the B4 Corridor Commercial District: 1. Approve a variation from Section 153.208(B) of Village Code to allow a shopping center identification sign to be located within the clear line of sight area; and 2. Approve a variation from Section 153.235(F) of Village Code to allow a shopping center identification sign that is set back less than five feet from an interior property line within a shopping center. (DISTRICT #4) Legislative History 7/15/19 Plan Commission Recommend for approval to the Corporate Authorities I. 190311 Amendments to Sections 151.03 (A) and 151.03 (B)(2) of the Village Code - Stormwater and Flood Plain Regulations The Department of Community Development transmits for your consideration a proposed Ordinance to revise Sections 151.03 (A) and 151.03 (B)(2) of the Village Code. The Ordinance updates the FEMA Flood Insurance Study and the effective date of the DuPage County Stormwater and Flood Plain Ordinance. (DISTRICTS - ALL) J. 190340 Scrivener’s Error to the Lombard Code of Ordinances - Section 155.602 of the Village Code, Accessible Parking Requirements Ordinance correcting certain scrivener's errors relative to Section 155.602 Accessible parking requirements. The amendment reflects the actions of the Plan Commission at their December 12, 2016 meeting and deletes all other local references to accessible parking requirements and exclusively references the provisions of the Illinois Accessibility Code (IAC) (DISTRICTS - ALL) Other Ordinances on First Reading Ordinances on Second Reading Resolutions K. 190280 Support for the DuPage Coalition for Tourism and County Authority to Enact a County Hotel Tax Recommendation from the Community Promotion & Tourism Committee regarding support of the DuPage Convention & Visitors Bureau as well as The DuPage Coalition for Tourism granting authority to DuPage County to enact a County hotel tax not to exceed 2.5%. Legislative History Village of Lombard Page 4 Printed on 8/14/2019 Village Board of Trustees Meeting Agenda August 15, 2019 7/2/19 Community Promotion & approved Tourism L. 190314 Central Pressure Adjusting Station Improvements, Change Order No. 6 Reflecting an increase to the contract with JJ Henderson & Son in the amount of $20,393.20. (DISTRICT #4) Legislative History 8/13/19 Public Works & recommended to the Board of Trustees for Environmental Concerns approval M. 190352 Cruise Nights License Agreement AT&T Resolution authorizing approval of the License Agreement with AT&T, and authorizing the Village President's signaturte, authorizing the Village of Lombard to use a portion of the parking lot at 20 N.Main Street for the Cruise Nights Summer Concert Series finale on August 24, 2019. (DISTRICT #1) Other Matters N. 190332 Landscape and Parkway Restoration Recommendation to terminate a contract with TNT Landscape and Construction, Inc., and award a contract to Uno Mas Landscaping, the second lowest bid of three bidders, in the amount of $49,950.00. (DISTRICTS - ALL) O. 190295 PC 19-16: 591 S. Main Street - Request for a conditional use for motor vehicle sales (Rental of Penske Trucks) Concur with the recommendation from the Plan Commission to deny a zoning conditional use pursuant to Section 155.414(C)(16) of the Lombard Village Code to allow for motor vehicle sales in the B2 General Neighborhood Shopping District on the subject property. (DISTRICT #5) Legislative History 7/15/19 Plan Commission recommended to the Corporate Authorities for denial P. 190334 Agreement with Comcast Business for Ethernet Dedicated Internet Services Request for approval of a three (3) year agreement with Comcast Business in the total amount of $27,000, ($9,000 per year for three (3) years), for Ethernet Dedicated Internet Services. Q. 190346 Regular Village Board Meeting - Time Change Request for concurrence of the Village Board to approve a change in the start time of the September 5, 2019 regulary scheduled Village Board meeting from 7:00 pm to 6:00 pm. R. 190349 DuPage Convention & Visitors Bureau - Financial Commitment Village of Lombard Page 5 Printed on 8/14/2019 Village Board of Trustees Meeting Agenda August 15, 2019 Request from the DuPage Convention & Visitors Bureau affirming the Village's commitment of 25% of one of the occupancy tax points of the annual collected hotel/motel tax for Fiscal Year 2020. S. 190328 Re-appointments - Board of Fire & Police Commissioners, Board of Building Appeals, Board of Local Improvements, Historic Preservation Commission, Fire Pension Fund Board of Trustees, Police Pension Fund Board of Trustees, and Zoning Board of Appeals Request for concurrence in the following re-appointments: Ken Florey to the Board of Fire & Police Commissioners for a three year term to May 2022; Bob Mueller, Maurice Bernardi, Marty Igoe, Steven Flint and John Cullen to the Board of Building Appeals for three year terms to May 2022; Bill Ware and Cory Gapstur to the Board of Local Improvements for two year terms to May 2021; Rita Schneider, Tom Fetters, Eileen Mueller, Marcy Novak, Lynn O'Donnell and Stephanie Zabela to the Historic Preservation Commission for four year terms to January 2023; Ron Rakosnik to the Fire Pension Board of Trustees for a three year term to April 2022; Daniel Brink to the Police Pension Fund Board of Trustees for a two year term to April 2021; and Mary Newman to the Zoning Board of Appeals for a five year term to May 2024. IX. Items for Separate Action Ordinances on First Reading (Waiver of First Requested) A. 180330 Proposed Butterfield Yorktown Business District No. 2 Designating the District, Approving the Plan and Making a Blighted Finding Ordinance which designates a business district to be known as the Butterfield Road/Yorktown Business District No. 2 which will encompass identified properties along the Butterfield Road Corridor. The Ordinance includes approving a companion Business District Plan and a requisite finding of blight within the designated Business District area. The Plan identifies how the proposed District meets the qualifications for establishing a Business District and identifies potential public and private improvements that may be undertaken in furtherance of the District Plan. (DISTRICT #3) Legislative History 7/23/18 Economic & Community approved by the committee Development Committee 12/6/18 Village Board of Trustees waived of first reading and passed on second reading with suspension of the rules 7/18/19 Village Board of Trustees waived of first reading and passed on second reading with suspension of the rules Village of Lombard Page 6 Printed on 8/14/2019 Village Board of Trustees Meeting Agenda August 15, 2019 B. 190279 Proposed Butterfield Road/Yorktown Business District No. 2 Imposing a Business District Retailers Occupation Tax and Business District Service Occupation Tax of Up to One Percent - Public Hearing Ordinance setting forth a Public Hearing Date of September 19, 2019 to consider the creation of a One Percent Business District Retailers Occupation Tax and Business District Service Occupation Tax in furtherance of the proposed Butterfield Road/Yorktown Business District No. 2. (DISTRICT #3) Other Ordinances on First Reading C. 190289 ZBA 19-05: 244 E St. Charles Road The petitioner requests that the Village approve zoning variations from Section 155.205(A)(2)(c)(ii) of the Lombard Village Code for a fence of up to eight (8) feet, where a maximum of four (4) feet in height is permitted in the rear front yard of a through lot in the B2 General Neighborhood Shopping District. As this item received no recommendation from the Zoning Board of Appeals (ZBA) an Ordinance approving the variation requires a two-thirds vote of the Trustees (4 of the 6 Trustees). (DISTRICT #4) Legislative History 7/24/19 Zoning Board of Appeals motion Ordinances on Second Reading D. 190260 PC 19-14: 101-109 S. Main Street - Lilac Station Your Plan Commission transmits for your consideration its recommendation regarding the above-referenced petition. The petitioner requests that the Village take the following actions on the subject property, located within the B5PD Central Business District Planned Development: 1. Repeal Ordinances 4646 and 4654 in their entirety, which established a planned development with companion zoning variations and zoning deviations; 2. Approve a zoning conditional use for a new planned development with the following companion conditional use, use exception, variations, and deviations from the Village Code: Building: a. A zoning conditional use pursuant to Section 155.418(C) of the Village Code to allow for outside display and sales of products (outdoor dining); b. A zoning deviation from Section 155.418(G) of the Village Code to allow for an increase in the maximum building height from forty-five feet (45’) to fifty feet (50’); c. A zoning variation from Section 155.418(J) of the Village Code to Village of Lombard Page 7 Printed on 8/14/2019 Village Board of Trustees Meeting Agenda August 15, 2019 eliminate the transitional building setback for the mixed-use/residential building; d. A use exception pursuant to Section 155.508(B) of the Village Code to allow for dwelling units on the first floor; e. A zoning variation from Section 155.508(C)(6)(a) of the Village Code to allow for a reduction of the required front yard along Parkside Avenue to one foot (1’) from thirty feet (30’) for a planned development abutting the R2 Single-Family Residence District; Parking: f. A zoning deviation from Section 155.602, Table 6.3 of the Village Code to allow for a reduction of the required number of off-street parking spaces from 1.5 spaces per dwelling unit to 1.2 spaces per dwelling unit, for the residential portion of the development; g. A zoning deviation from Section 155.602(A)(5)(a) of the Village Code to allow the option for compact space width of 8’3” for the residential portion of development, where 9’ width is required; Landscaping/Fencing: h. A zoning variation from Section 155.205(A)(2)(f)(iii) of the Village Code for a fence or wall in the B5 District exceeding six feet (6”) in height; i. A zoning variation from Section 155.418(K), Section 155.508(C) (6)(b), Section 155.707(B)(3), Section 155.707(A)(3), and Section 155.709(B) of the Village Code to allow for the elimination of the transitional landscape yard improvements (on the east side), including fencing, and perimeter lot landscaping; j. A zoning variation from Section 155.706 of the Village Code to eliminate the interior and perimeter parking lot landscaping requirement; k. A zoning variation from Section 155.709(B) of the Village Code to eliminate the requirement to provide one (1) shade tree for every seventy-five (75) lineal feet of required perimeter lot landscaping; 3. Grant site plan approval authority to the Lombard Plan Commission. (DISTRICT #4) Legislative History 6/17/19 Plan Commission recommend to the Corporate Authorities for approval with conditions 7/18/19 Village Board of Trustees passed on first reading Resolutions Other Matters Village of Lombard Page 8 Printed on 8/14/2019 Village Board of Trustees Meeting Agenda August 15, 2019 X. Agenda Items for Discussion XI. Executive Session XII. Reconvene XIII. Adjournment Village of Lombard Page 9 Printed on 8/14/2019