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Village Board of Trustees

Regular Meeting

Lombard, IL · March 16, 2023

AgendaMinutes

Minutes

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Thursday, March 16, 2023 6:00 PM Village Hall Board Room Village Board of Trustees Village President Keith Giagnorio Village Clerk Liz Brezinski Trustees: Brian LaVaque, District One; Anthony Puccio, District Two; Bernie Dudek, District Three; Andrew Honig, District Four; Dan Militello, District Five; and Bob Bachner, District Six Village Board of Trustees Minutes March 16, 2023 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, March 16, 2023 in the Board Room of the Lombard Village Hall was called to order by Village President Keith Giagnorio at 6:00 p.m. Director of Public Works Carl Goldsmith led the Pledge of Allegiance. Village President Giagnorio noted that Trustee Militello submitted a request to participate remotely as he was out of town on business. Request approved. II. Roll Call 8 - Keith Giagnorio, Elizabeth Brezinski, Brian LaVaque, Anthony Puccio, Bernie Dudek, Andrew Honig, Dan Militello, and Bob Bachner 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 Tom Wirsing Fire Chief Rick Sander Deputy Village Manager Nicole Aranas Village Attorney Jason Guisinger Executive Coordinator Carol Bauer III. Public Hearings IV. Public Participation V. Approval of Minutes A motion was made by Trustee Bob Bachner, seconded by Trustee Bernie Dudek, that the minutes of the March 2, 2023 Village Board meeting be approved. The motion carried by the following vote: Aye: 5- Brian LaVaque, Bernie Dudek, Andrew Honig, Dan Militello, and Bob Bachner Abstain: 1- Anthony Puccio VI. Committee Reports Village of Lombard Page 1 Village Board of Trustees Minutes March 16, 2023 Community Promotion & Tourism - Trustee Bernie Dudek, Chairperson No report Community Relations Committee - Trustee Dan Militello, Chairperson No report Economic/Community Development Committee - Trustee Anthony Puccio, Chairperson Trustee Anthony Puccio, Chairperson of the Economic & Community Development Committee, reported the following: At last Monday night’s meeting of the Economic & Community Development Committee, the members were provided with a status update and offered further consideration regarding an Economic Incentive request for the Yorktown Reserve redevelopment project by Synergy Construction and Pacific Retail Capital Partners. The ECDC unanimously offered their concurrence relative to the proposed changes to the pending economic incentive request. This item will be placed on a future Village Board agenda upon completion of the negotiated incentive agreement. The next meeting of the ECDC will be on April 10th. Finance & Administration Committee, Trustee Andrew Honig, Chairperson No report Public Safety & Transportation Committee - Trustee Brian LaVaque Chairperson No report Public Works & Environmental Concerns Committee - Trustee Bob Bachner, Chairperson No report Board of Local Improvements - Trustee Bob Bachner, President No report Lombard Historic Preservation Commission - Village Clerk Liz Brezinski No report VII. Village Manager/Village Board/Village Clerk Comments Village of Lombard Page 2 Village Board of Trustees Minutes March 16, 2023 Village Clerk Liz Brezinski read the following announcements: The Village is accepting applications for the 5th annual Public Works Citizens Academy which provides residents with an opportunity to learn more about the operations and services provided by our Public Works Department. The Academy will be held Mondays from 6:00 p.m. until 8:30 p.m. from April 17th through May 8th. Residents can apply on the village website. If you are planning on celebrating the “wearing of the green” this St. Patrick’s’ Day weekend, remember to select a designated driver. In an effort to keep our community safe, law enforcement will be stepping up patrols looking for impaired drivers, as well as other violations such as seat belt, cell phone usage, and speeding. The next Community Blood Drive is scheduled for Saturday, March 25th from 9:00 am until 2:00 pm at St. Pius, Westmore-Meyers and Madison. Be a hero. Donate Blood. It Saves lives. Residents are encouraged to sign up for Lombard’s weekly E-Pride Newsletter which includes Village updates, seasonal reminders, department updates and information on Village events. Residents can also sign up for updates on constructions projects in the community. For additional information on events in the community as well as information on all Village services, please check the Village website at www.villageoflombard.org. VIII Consent Agenda . Payroll/Accounts Payable A. 230092 Approval of Village Payroll For the period ending February 25, 2023 in the amount of $912,429.21. This Payroll/Accounts Payable was approved on the Consent Agenda B. 230093 Approval of Accounts Payable For the period ending March 3, 2023 in the amount of $937,110.66. This Payroll/Accounts Payable was approved on the Consent Agenda C. 230102 Approval of Accounts Payable For the period ending March 10, 2023 in the amount of $444,434.64. This Payroll/Accounts Payable was approved on the Consent Agenda Ordinances on First Reading (Waiver of First Requested) C-2. 230089 Amending Title XI, Chapter 112 of the Village Code - Alcoholic Village of Lombard Page 3 Village Board of Trustees Minutes March 16, 2023 Beverages Ordinance amending Title XI, Chapter 112 of the Village Code in regard to alcoholic beverages and the Class "N" liquor license subcategories creating a new Class "N-IV" liquor license classification and creating one Class "N-IV" liquor license for Olive Garden Holdings, LLC d/b/a The Olive Garden Italian Restaurant #6473 located at 86 Yorktown Shopping Center. (DISTRICT #3) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 8136 C-3. 230090 Amending Title XI, Chapter 112, Section 112.13(A) of the Lombard Village Code (Alcoholic Beverages) Ordinance amending Title XI, Chapter 112, Section 112.13(A) of the Lombard Village Code decreasing the number of entries in the Class “SS” liquor license category by one due to the licensee Dyslexia Brewing LLC d/b/a Dyslexia Brewing deciding to not open the business located at 109 S. Main St. and surrendering its Class “SS” license. (DISTRICT #1) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 8137 D. 230100 An Ordinance of the Village of Lombard, DuPage County, Illinois, Confirming and Supporting a Loan to the Glenbard Wastewater Authority from the IEPA Water Pollution Control Loan Program for the 2023 Primary Clarifier Improvements Project Approving an Ordinance in support of the funding for the Primary Clarifier Improvements Project. The Glenbard Wastewater Authority has been seeking an IEPA loan to fund the project. The loan must be secured by the Authority via Resolution, and by the Villages of Glen Ellyn and Lombard passing Ordinances. The funds used to repay the debt will come from sewer charges collected by each Village and paid to the Authority. The Ordinance under consideration provides the assurances required of the Village of Lombard by the IEPA to qualify for the low interest loan. Staff is requesting a waiver of First Reading. This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 8138 Other Ordinances on First Reading E. 230022 Text Amendments to Chapter 94 of the Village Code - Final Ordinance of Approval Village of Lombard Page 4 Village Board of Trustees Minutes March 16, 2023 The Economic and Community Development Committee (ECDC) recommends approval of the text amendments to Chapter 94 of the Village Code, nuisance provisions and pertaining to the following: a. Amending the descriptions of vehicles which can be parked on a residential lot; b. Establishing clarity provisions for the temporary parking of snow clearing equipment; c. Amending surface parking standards for recreational vehicles being parked on residential lots; d. Capping the number of recreational vehicles and trailers stored on a residential property; e. Adding provisions consistent with the Lombard Traffic Code (Section 70 et. seq. of the Village Code) for parking vehicles for sale on private property; and f. Amending the structure and requisite notice provisions within Chapter 94. (DISTRICTS - ALL) This Ordinance was passed on first reading on the Consent Agenda F. 230051 - ZBA 23-01: 327 S. Lombard Avenue (moved to Separate Action A) G. 230052 ZBA 23-02: 1161 S Finley Road The Zoning Board of Appeals (ZBA) submits its recommendation to approve the petitioner's request for the following variations on the subject property located within the R5 General Residence District: 1. A variation from Section 155.410(E) of Village Code to allow a lot width of 50 feet for an existing lot of record, where a minimum lot width of 60 feet is required; 2. A variation from Section 155.410(F)(2)(b) to allow a corner side yard setback of 14 feet, where a corner side yard of 20 feet is required; 3. A variation from Section 155.410(F)(2)(d) to allow a rear yard setback of 25 feet where a rear yard of 30 feet is required; 4. A variation from Section 155.410(H) to allow a floor area ratio (FAR) of more than 0.5 FAR; and 5. A variation from Section 155.212 to allow decks that are more than three feet about the average level of the adjoining ground to encroach into the required front and rear yard setbacks. (DISTRICT #2) This Ordinance was passed on first reading on the Consent Agenda Ordinances on Second Reading H. 230076 PC 23-03: Text Amendments to Chapter 155 of the Village Code the Zoning Ordinance - Garage Height Village of Lombard Page 5 Village Board of Trustees Minutes March 16, 2023 The Plan Commission recommends approval of text amendments to Section 155.210(A)(3)(b) of the Village Code, pertaining to the highest point on the roof or parapet for any detached accessory building or structure, or a detached garage. (DISTRICTS - ALL) This Ordinance was passed on second reading on the Consent Agenda Enactment No: Ordinance 8139 Resolutions I. 230080 North Grace Street Utility Improvements Resident Engineering Services Approving a contract with Baxter & Woodman in an amount not to exceed $241,800.00 for Resident Engineering services. (DISTRICT #4) This Resolution was adopted on the Consent Agenda Enactment No: R 12-23 Other Matters J. 230074 Water & Sewer System Supplies Bid Award of a contract to Core & Main LP of St. Charles, IL., the lowest responsible bidder of three (3) bids received, in an amount not to exceed $51,548.00. This Bid was approved on the Consent Agenda K. 230091 North Grace Street Utility Improvements Award of a contract to John Neri Construction Company, Inc. , the lowest responsible bidder of six (6) bids received, in the amount of $2,721,816.15. The project addresses the sanitary sewer and water main from East Prairie Avenue to North Avenue. (DISTRICT #4) This Bid was approved on the Consent Agenda L. 230098 Gasoline and Diesel Fuel Purchase Request a waiver of bids and award of a contract to Al Warren Oil Co, Inc. The price for gasoline is the low rack average daily OPIS price plus (0.045) per gallon for delivery. The price for diesel is the low rack average daily OPIS price plus (0.045) per gallon for delivery. This purchase will be made through a joint fuel purchase (DuPage County Bid #23-011-FM). This Bid was approved on the Consent Agenda M. 230099 Highlands of Lombard Lift Station Improvements Request a waiver of bids and award of a contract to Omega Electric of Elk Grove Village, IL. in an amount not to exceed $120,902.00. This is Village of Lombard Page 6 Village Board of Trustees Minutes March 16, 2023 based upon a proposal submitted in accordance with the Village's request for proposal. (DISTRICT #3) This Bid was approved on the Consent Agenda N. 230106 Downtown Sidewalk Improvements, Project Number ST 20-05 Award of a contract to R.W. Dunteman Company of Addison, IL., the lowest responsible bidder, in the amount of $2,864,779.70. This is for the reconstruction of the downtown sidewalks on St. Charles Rd between Elizabeth Street and Craig Place. (DISTRICTS #1 & #4) This Bid was approved on the Consent Agenda O. 230101 Contract with Dynegy Energy Services LLC for the Provision of Electrical Energy for Water Pumping Motion ratifying a three-year contract with Dynegy Energy Services LLC for the provision of electrical energy for water pumping. This Request was approved on the Consent Agenda P. 230108 Agreement with Lombard Firefighter's Union, Local 3009 of the International Association of Firefighters, AFL-CIO, CLC Request for approval of an Agreement between the Village of Lombard and the Lombard Firefighter's Union, Local 3009 of International Association of Firefighters, AFL-CIO, CLC which runs from January 1, 2023 through December 31, 2025 with the addition of the position of Battalion Chief to the Agreement. This Request was approved on the Consent Agenda Approval of the Consent Agenda A motion was made by Trustee Andrew Honig, seconded by Trustee Anthony Puccio, to Approve the Consent Agenda The motion carried by the following vote Aye: 6- Brian LaVaque, Anthony Puccio, Bernie Dudek, Andrew Honig, Dan Militello, and Bob Bachner IX. Items for Separate Action Ordinances on First Reading (Waiver of First Requested) Other Ordinances on First Reading A. 230051 ZBA 23-01: 327 S. Lombard Avenue (Request of Petitioner to Continue to May 4, 2023) The Zoning Board of Appeals (ZBA) submits its recommendation to approve the petitioner's request to grant a variation from Section Village of Lombard Page 7 Village Board of Trustees Minutes March 16, 2023 155.407(H) of the Lombard Code of Ordinances to allow for forty-five percent (45%) of the lot area to be preserved in open space, where a minimum of fifty percent (50%) lot area preserved in open space is required in the R2 Single-Family Residence District. (DISTRICT #5) A motion was made by Trustee Brian LaVaque, seconded by Trustee Anthony Puccio, that the Ordinance relative to ZBA 23-01, 327 S. Lombard Avenue be continued to May 4, 2023 at the request of the petitioner. The motion carried by the following vote: Aye: 6- Brian LaVaque, Anthony Puccio, Bernie Dudek, Andrew Honig, Dan Militello, and Bob Bachner Ordinances on Second Reading Resolutions Other Matters X. Agenda Items for Discussion XI. Executive Session A motion was made by Trustee Anthony Puccio, seconded by Trustee Andrew Honig, that the regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, March 16, 2023 in the Board Room of the Lombard Village Hall be recessed to Executive Session at 6:15 p.m. for the purpose of discussion of Acquisition of Real Property. The motion carried by the following vote: Aye: 6- Brian LaVaque, Anthony Puccio, Bernie Dudek, Andrew Honig, Dan Militello, and Bob Bachner XII. Reconvene The recessed regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, March 16, 2023 in the Board Room of the Lombard Village Hall was called to order at 6:49 p.m. by Village President Keith Giagnorio. 8 - Keith Giagnorio, Elizabeth Brezinski, Brian LaVaque, Anthony Puccio, Bernie Dudek, Andrew Honig, Dan Militello, and Bob Bachner XIII Adjournment . A motion was made by Trustee Bernie Dudek, seconded by Trustee Bob Bachner, that the regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, March 16, 2023 in the Board Room of the Village of Lombard Page 8 Village Board of Trustees Minutes March 16, 2023 Lombard Village Hall be adjourned at 6:50 p. The motion carried by the following vote: Aye: 6- Brian LaVaque, Anthony Puccio, Bernie Dudek, Andrew Honig, Dan Militello, and Bob Bachner Village of Lombard Page 9

Agenda

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Meeting Agenda Thursday, March 16, 2023 6:00 PM Revised March 14, 2023 Village Hall Board Room Village Board of Trustees Village President Keith Giagnorio Village Clerk Liz Brezinski Trustees: Brian LaVaque, District One; Anthony Puccio, District Two; Bernie Dudek, District Three; Andrew Honig, District Four; Dan Militello, District Five; and Bob Bachner, District Six Village Board of Trustees Meeting Agenda March 16, 2023 I. Call to Order and Pledge of Allegiance II. Roll Call III. Public Hearings IV. Public Participation V. Approval of Minutes Minutes of March 2, 2023 VI. Committee Reports Community Promotion & Tourism - Trustee Bernie Dudek, Chairperson Community Relations Committee - Trustee Dan Militello, Chairperson Economic/Community Development Committee - Trustee Anthony Puccio, Chairperson Finance & Administration Committee, Trustee Andrew Honig, Chairperson Public Safety & Transportation Committee - Trustee Brian LaVaque Chairperson Public Works & Environmental Concerns Committee - Trustee Bob Bachner, Chairperson Board of Local Improvements - Trustee Bob Bachner, President Lombard Historic Preservation Commission - Village Clerk Liz Brezinski VII. Village Manager/Village Board/Village Clerk Comments VIII. Consent Agenda Payroll/Accounts Payable A. 230092 Approval of Village Payroll For the period ending February 25, 2023 in the amount of $912,429.21. B. 230093 Approval of Accounts Payable For the period ending March 3, 2023 in the amount of $937,110.66. Village of Lombard Page 2 Printed on 3/16/2023 Village Board of Trustees Meeting Agenda March 16, 2023 C. 230102 Approval of Accounts Payable For the period ending March 10, 2023 in the amount of $444,434.64. Ordinances on First Reading (Waiver of First Requested) C-2. 230089 Amending Title XI, Chapter 112 of the Village Code - Alcoholic Beverages Ordinance amending Title XI, Chapter 112 of the Village Code in regard to alcoholic beverages and the Class "N" liquor license subcategories creating a new Class "N-IV" liquor license classification and creating one Class "N-IV" liquor license for Olive Garden Holdings, LLC d/b/a The Olive Garden Italian Restaurant #6473 located at 86 Yorktown Shopping Center. (DISTRICT #3) C-3. 230090 Amending Title XI, Chapter 112, Section 112.13(A) of the Lombard Village Code (Alcoholic Beverages) Ordinance amending Title XI, Chapter 112, Section 112.13(A) of the Lombard Village Code decreasing the number of entries in the Class “SS” liquor license category by one due to the licensee Dyslexia Brewing LLC d/b/a Dyslexia Brewing deciding to not open the business located at 109 S. Main St. and surrendering its Class “SS” license. (DISTRICT #1) D. 230100 An Ordinance of the Village of Lombard, DuPage County, Illinois, Confirming and Supporting a Loan to the Glenbard Wastewater Authority from the IEPA Water Pollution Control Loan Program for the 2023 Primary Clarifier Improvements Project Approving an Ordinance in support of the funding for the Primary Clarifier Improvements Project. The Glenbard Wastewater Authority has been seeking an IEPA loan to fund the project. The loan must be secured by the Authority via Resolution, and by the Villages of Glen Ellyn and Lombard passing Ordinances. The funds used to repay the debt will come from sewer charges collected by each Village and paid to the Authority. The Ordinance under consideration provides the assurances required of the Village of Lombard by the IEPA to qualify for the low interest loan. Staff is requesting a waiver of First Reading. Other Ordinances on First Reading E. 230022 Text Amendments to Chapter 94 of the Village Code The Economic and Community Development Committee (ECDC) recommends approval of the text amendments to Chapter 94 of the Village Code, nuisance provisions and pertaining to the following: a. Amending the descriptions of vehicles which can be parked on a residential lot; b. Establishing clarity provisions for the temporary parking of snow clearing equipment; c. Amending surface parking standards for recreational vehicles being parked on residential lots; Village of Lombard Page 3 Printed on 3/16/2023 Village Board of Trustees Meeting Agenda March 16, 2023 d. Capping the number of recreational vehicles and trailers stored on a residential property; e. Adding provisions consistent with the Lombard Traffic Code (Section 70 et. seq. of the Village Code) for parking vehicles for sale on private property; and f. Amending the structure and requisite notice provisions within Chapter 94. (DISTRICT ALL) Legislative History 1/25/23 Economic & Community approve as amended Development Committee F. 230051 - ZBA 23-01: 327 S. Lombard Avenue (moved to Separate Action A) G. 230052 ZBA 23-02: 1161 S Finley Road The Zoning Board of Appeals (ZBA) submits its recommendation to approve the petitioner's request for the following variations on the subject property located within the R5 General Residence District: 1. A variation from Section 155.410(E) of Village Code to allow a lot width of 50 feet for an existing lot of record, where a minimum lot width of 60 feet is required; 2. A variation from Section 155.410(F)(2)(b) to allow a corner side yard setback of 14 feet, where a corner side yard of 20 feet is required; 3. A variation from Section 155.410(F)(2)(d) to allow a rear yard setback of 25 feet where a rear yard of 30 feet is required; 4. A variation from Section 155.410(H) to allow a floor area ratio (FAR) of more than 0.5 FAR; and 5. A variation from Section 155.212 to allow decks that are more than three feet about the average level of the adjoining ground to encroach into the required front and rear yard setbacks. (DISTRICT #2) Legislative History 2/22/23 Zoning Board of Appeals recommend to the Corporate Authorities for approval with conditions Ordinances on Second Reading H. 230076 PC 23-03: Text Amendments to Chapter 155 of the Village Code the Zoning Ordinance - Garage Height The Plan Commission recommends approval of text amendments to Section 155.210(A)(3)(b) of the Village Code, pertaining to the highest point on the roof or parapet for any detached accessory building or structure, or a detached garage. (DISTRICTS - ALL) Legislative History 2/20/23 Plan Commission recommended to the Corporate Authorities for approval 3/2/23 Village Board of Trustees passed on first reading Village of Lombard Page 4 Printed on 3/16/2023 Village Board of Trustees Meeting Agenda March 16, 2023 Resolutions I. 230080 North Grace Street Utility Improvements Resident Engineering Services Approving a contract with Baxter & Woodman in an amount not to exceed $241,800.00 for Resident Engineering services. (DISTRICT #4) Other Matters J. 230074 Water & Sewer System Supplies Bid Award of a contract to Core & Main LP of St. Charles, IL., the lowest responsible bidder of three (3) bids received, in an amount not to exceed $51,548.00. K. 230091 North Grace Street Utility Improvements Award of a contract to John Neri Construction Company, Inc. , the lowest responsible bidder of six (6) bids received, in the amount of $2,721,816.15. The project addresses the sanitary sewer and water main from East Prairie Avenue to North Avenue. (DISTRICT #4) L. 230098 Gasoline and Diesel Fuel Purchase Request a waiver of bids and award of a contract to Al Warren Oil Co, Inc. The price for gasoline is the low rack average daily OPIS price plus (0.045) per gallon for delivery. The price for diesel is the low rack average daily OPIS price plus (0.045) per gallon for delivery. This purchase will be made through a joint fuel purchase (DuPage County Bid #23-011-FM). M. 230099 Highlands of Lombard Lift Station Improvements Request a waiver of bids and award of a contract to Omega Electric of Elk Grove Village, IL. in an amount not to exceed $120,902.00. This is based upon a proposal submitted in accordance with the Village's request for proposal. (DISTRICT #3) N. 230106 Downtown Sidewalk Improvements, Project Number ST 20-05 Award of a contract to R.W. Dunteman Company of Addison, IL., the lowest responsible bidder, in the amount of $2,864,779.70. This is for the reconstruction of the downtown sidewalks on St. Charles Rd between Elizabeth Street and Craig Place. (DISTRICTS #1 & #4) O. 230101 Contract with Dynegy Energy Services LLC for the Provision of Electrical Energy for Water Pumping Motion ratifying a three-year contract with Dynegy Energy Services LLC for the provision of electrical energy for water pumping. Village of Lombard Page 5 Printed on 3/16/2023 Village Board of Trustees Meeting Agenda March 16, 2023 P. 230108 Agreement with Lombard Firefighter's Union, Local 3009 of the International Association of Firefighters, AFL-CIO, CLC Request for approval of an Agreement between the Village of Lombard and the Lombard Firefighter's Union, Local 3009 of International Association of Firefighters, AFL-CIO, CLC which runs from January 1, 2023 through December 31, 2025 with the addition of the position of Battalion Chief to the Agreement. IX. Items for Separate Action Ordinances on First Reading (Waiver of First Requested) Other Ordinances on First Reading A. 230051 ZBA 23-01: 327 S. Lombard Avenue (Request of Petitioner to Continue to May 4, 2023) The Zoning Board of Appeals (ZBA) submits its recommendation to approve the petitioner's request to grant a variation from Section 155.407(H) of the Lombard Code of Ordinances to allow for forty-five percent (45%) of the lot area to be preserved in open space, where a minimum of fifty percent (50%) lot area preserved in open space is required in the R2 Single-Family Residence District. (DISTRICT #5) Legislative History 2/22/23 Zoning Board of Appeals recommended to the Corporate Authorities for approval subject to conditions Ordinances on Second Reading Resolutions Other Matters X. Agenda Items for Discussion XI. Executive Session To Discuss: Acquisition of Real Property XII. Reconvene XIII. Adjournment Village of Lombard Page 6 Printed on 3/16/2023