A REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF BOLINGBROOK- JANUARY

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1 A REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF BOLINGBROOK- JANUARY CALL TO ORDER The Regular Meeting of the Mayor and Board of Trustees of the Village of Bolingbrook was called to order at the hour of 8:04 p.m., January 8, 2013, in Bolingbrook, Illinois, by Mayor Roger C. Claar. PLEDGE OF ALLEGIANCE Mayor Roger C. Claar requested that Maria Zarate, Bolingbrook Civic and Cultural Affairs commissioner, lead the Pledge of Allegiance to the Flag. ROLL CALL Village Clerk, Carol S. Penning, called the roll. Present were: Mayor Roger C. Claar, Trustees Leroy J. Brown, Michael T. Lawler, Rick Morales, Joseph B. Morelli, Patricia Schanks and Sandra S. Swinkunas. Absent: None Also present were: Village Clerk - Carol S. Penning, Village Attorney - James Boan, Police Chief - Kevin McCarthy, Deputy Fire Chief - Trinidad Garza in for Fire Chief - David Litton, Director of Community Development - Dennis Kowalczyk, Director of Public Works - Mike Drey, Finance Director - Rosa Cojulun and Information Technology Director- Brenda Ladipo. Representing the press: Laura Katauskas - Bolingbrook Bugle Joseph Ruzich- Tribune Local JOURNAL OF PROCEEDINGS Motion Brown, second Swinkunas to approve the minutes of the December 18, 2012, Village Board meeting submitted by the Village Clerk. APPROVAL OF AGENDA/ADDITIONS There were no additions or corrections. Motion Schanks, second Morales to approve the agenda as presented. APPROVAL OF APPOINTMENTS None 1 Bd. 01/08/13

2 PROCLAMATIONS DR. MARTIN LUTHER KING, JR., DAY, JANUARY 21, 2013: Mayor Claar proclaimed January 21, 2013, as Dr. Martin Luther King, Jr., Day in recognition of his great achievements in the struggle to protect the legal and moral rights of all people and for his efforts to ensure that Civil Rights be afforded to everyone. In 1964, he was the youngest man ever to receive the Nobel Peace prize. Brittany Greathouse accepted the proclamation. BILL APPROVAL Motion Brown, second Morales to approve expenditures submitted as Bill Listing A - Payables in the amount of $327, and Bill Listing B - Pre-paids in the amount of $1,465, totaling $1,793, (Copies were made available in the Finance Dept. and Clerk's Office.) TAXES 1. September, 2012 State Income Tax - $460, (September, 2011 State Income Tax - $380,019.63) - a 21.29% Increase 2. October, 2012 Sales Tax - $2,306, (October, 2011 Sales Tax- $2,191,928.06) - a 5.2% Increase 3. October, 2012 Motor Fuel Tax - $158, (October, 2011 Motor Fuel Tax - $156,694.39) - a 1.2% Increase RESOLUTIONS RESOLUTION 13R-001 APPROVING CUSTOMER WORK AGREEMENT WITH COMMONWEALTH EDISON FOR RELOCATION OF OVERHEAD POWER LINES EAST BOUGHTON ROAD BETWEEN ASHBURY AND PRESTON) Motion Morelli, second Swinkunas to adopt a resolution approving a Customer Work Agreement with Commonwealth Edison for relocation of overhead power lines on East Boughton Road between Ashbury and Preston. This resolution approved a Work Agreement with Commonwealth Edison. As part of the Village's overall program of "undergrounding" overhead power lines along major thoroughfares, this agreement authorized ComEd to relocate the overhead lines along Boughton Road between Ashbury to Preston Drive. The estimated cost was $2,108,826.40, which will be paid using Rider LGC. Mike Drey, Director of Public Works & Engineering, explained that the undergrounding of the power lines should be completed by May or June of this year. The next section that will have the power lines placed underground will be the south side of Boughton Road from Falcon Ridge Way to Barbers Corners. 2 Bd. 01/08/13

3 ORDINANCES The next two (2) ordinances dealt with the proposal to establish an Off Track Betting (OTB) business located at 730 N. Bolingbrook Drive. The Applicant, Jeff Kras, on behalf of Hawthorne Race Course, Inc., would like to lease a 2,000 sq. ft. space at the northwest end of the building occupied by Bolingbrook Sports Dome and McQ's. The space was currently vacant and was adjacent to a 74,000 sq. ft. sports dome and a 6,000 sq. ft. restaurant (McQ's). The Applicant's "build out" would accommodate up to sixty (60) patrons. Persons must be at least 21 years of age to enter the space or place wagers. The hours of operation would be the same as McQ's. The Applicant also operated several OTB's in the Chicago area and would be required to secure all applicable state licenses. PC APPROVAL OF AN AMENDMENT TO THE TEXT OF ARTICLE 4, PART 2 OF THE ZONING ORDINANCE ADDRESSING OFF TRACK BETTING ESTABLISHMENTS, COMMUNITY DEVELOPMENT DEPARTMENT: APPLICANT Motion Lawler, second Schanks to accept Plan Commission report PC for approval of an amendment to the text of Article 4, Part 2, of the Zoning Ordinance (Chapter 29 of the Municipal Code) addressing off track betting establishments; Community Development Department, Applicant. ORDINANCE APPROVING TEXT AMENDMENT TO THE VILLAGE OF BOLINGBROOK ZONING ORDINANCE RE OFF TRACK BETTING ESTABLISHMENTS Motion Swinkunas, second Schanks to pass an ordinance approving a Text Amendment to the Village of Bolingbrook Zoning Ordinance (Chapter 29 of the Municipal Code) regarding off track betting establishments. Ordinance approved a Text Amendment to the Municipal Zoning Code to add "Off Track Betting Establishments" as a permitted Special Use in B-2 Community Retail Zoning Districts. This Text Amendment was reviewed by the Plan Commission and was recommended for approval. 3 Bd. 01/08/13

4 Jeff Kras, CFO of Hawthorne Race Course, Inc., addressed the Board. He noted that Hawthorne has six (6) other OTB locations (Chicago, Joliet, Mokena, Aurora, Prospect Heights and Glendale Heights). Should the Board pass the ordinance approving the Bolingbrook location, they will petition the State for a license. The State does not issue licenses within a given area to more than one (1) OTB venue. The closest ones surrounding Bolingbrook at this time are in Joliet, Lockport, Hodgkins and Oak Brook. One (1) percent of the earnings will go to the municipality starting from opening day. Based on other locations, a municipality can expect to obtain between $150,000 and $500,000 or more per year in tax revenues. Hawthorne anticipates hiring four (4) full-time employees. Other issues discussed were parking issues and specific security measures the OTB takes to ensure the safety of residents and patrons. Their typical patrons are middle class professionals from all demographics and are primarily middle aged. The atmosphere will be that of an upscale sports lounge. Hours of operation will coincide with those of McQ's restaurant. McQ's will provide food, beverages and liquor for patrons at the OTB. Jim McWethy, owner of McQ's added that he was excited to incorporate the OTB with the business at the Bolingbrook Sports Dome/McQ's. He had done extensive research on the other Hawthorne facilities and found they were well run and maintained a high end venue. He felt that it was a good fit for the location. PC APPROVAL OF A SPECIAL USE PERMIT TO ALLOW AN OFF TRACK BETTING ESTABLISHMENT/HAWTHORNE OTB, 730 N. BOLINGBROOK DRIVE - JEFF KRAS, HAWTHORNE RACE COURSE, INC.; APPLICANT Motion Lawler, second Schanks to accept Plan Commission report PC for approval of a Special Use Permit to allow an off track betting establishment/hawthorne OTB, 730 N. Bolingbrook Drive; Jeff Kras, Hawthorne Race Course, Inc., Applicant. 4 Bd. 01/08/13

5 ORDINANCE APPROVING SPECIAL USE PERMIT FOR OFF TRACK BETTING ESTABLISHMENT - HAWTHORNE RACE COURSE N. BOLINGBROOK DRIVE Motion Swinkunas, second Morelli to pass an ordinance approving a Special Use Permit for an off track betting establishment - Hawthorne Race Course located at 730 N. Bolingbrook Drive. Ordinance approved a Special Use Permit for Hawthorne Race Course, Inc., to allow an off track betting establishment to occupy 2,000 sq. ft. at 730 N. Bolingbrook Drive. The Plan Commission reviewed the project and recommended approval. PC APPROVAL OF A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT - LILY CACHE BUSINESS PARK, UNIT #8-151, & 179 FERNWOOD DRIVE AND 1 BROOKSIDE COURT - LILY CACHE OFFICE COMPANY, LLC, APPLICANT Motion Brown, second Swinkunas to accept Plan Commission report PC for approval of a Special Use Permit for a Planned Unit Development at Lily Cache Business Park, Unit #8-151, 159, 165 & 179 Fernwood Drive and 1 Brookside Court; Lily Cache Office company, LLC, Applicant. ORDINANCE APPROVING SPECIAL USE PERMIT FOR A PLANNED COMMERCIAL DEVELOPMENT TO ALLOW MEDICAL AND/OR PROFESSIONAL OFFICE BUILDINGS (LILY CACHE BUSINESS PARK) Motion Morelli, second Lawler to pass an ordinance approving a Special Use Permit for a Planned Commercial Development to allow medical and/or professional office buildings (Lily Cache Business Park). The Applicant, Lily Cache Office Company, LLC, requested a Special Use Permit for Lots 3 through 8 in the Lily Cache Business Park located on Fernwood Drive south of Lily Cache Lane. These were all interior lots. These six (6) lots comprise approximately 5,626 acres and are zoned B-4 Commercial Urban Development. Medical and Professional Offices require a Special Use Permit. Three (3) of the other lots in the business park have been developed as a preschool and medical office. This "blanket" Special Use Permit would allow the remaining lots to be developed consistent with the existing uses as offices. The Plan Commission had reviewed the plan and recommended approval. 5 Bd. 01/08/13

6 Yea 6 - Brown, Lawler, Morales, Morelli, Schanks, Swinkunas Nay 0 - None ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE INCREASING CLASS "C" FROM TEN (10) TO ELEVEN 111) - TAQUERIA LA LOMITA (133 S. WEBER ROAD) Motion Lawler, second Morales to pass an ordinance amending Chapter 13 of the Municipal Code increasing Class C from ten (10) to eleven (11) - Taqueria La Lomita restaurant located at 133 S. Weber Road. Taqueria La Lomita is an existing restaurant business located at 133 S. Weber (adjacent to Party City). They requested the ability to serve beer and wine. This ordinance increased the number of Class C Liquor Licenses from ten (10) to eleven (11) to reflect this additional license. Alicia Herrera, Joliet, owner of Taqueria La Lomita, talked about her specialty on the menu being thirteen (13) different types of tacos made from scratch. They are located between Goodwill and Party City. Hours are from 9:00 a.m. to 9:00p.m. daily. Yea 6 - Brown, Lawler, Morales, Morelli, Schanks, Swinkunas Nay 0 - None PUBLIC COMMENTS None TRUSTEE COMMENTS Trustee Lawler gave details on the Power Connection 9th Annual Dinner/Auction being held at the Bolingbrook Golf Club on Friday, January 25th. Trustee Swinkunas wished everyone a Happy New Year. Trustee Brown gave details on the Operation Christmas Garage Sale being held this Friday and Saturday, January 11th and 12th, on the Performing Arts Stage in back of Village Hall from 9:00 a.m. to 4:00 p.m. 6 Bd. 01/08/13

7 Trustee Schanks gave information regarding the 10th Annual CSC Brunch & Auction being held on Sunday, February 10th, at the Levy Center from 11:00 a.m. until 2:00 p.m. Trustee Morelli gave details on the St. Benedict's Church Indoor Farmer's Market being held on Saturday, January 12th, at the church on Lily Cache Lane between 9:00 a.m. and 1:00 p.m. Trustee Morales welcomed everyone back from the holidays and wished for a great Mayor Claar reiterated that Peggy Danhof's husband, Chuck, had passed away last year. He added that we also lost Bill Gahlberg, a large scale Bolingbrook developer that was a part of the community for many years and that he was a first class individual, Mr. Gahlberg passed away on December 31st - he was 82 years old. He was successful in business and generous to the community. Mayor Claar further addressed the ordinances regarding the off track betting facility passed during the meeting. He noted that this was a difficult decision for him and the Board to make. There were several phone calls asking why they would allow "that type" of business into Bolingbrook. However, after he actually went and saw a couple of operating locations he felt more assured about their decision and thought it would fit into that location. Public services cost money and those funds are obtained either through attracting businesses to the Village or raising taxes on residents. All things considered, the Board decided to go forward with this project. ADJOURNMENT Motion Brown, second Swinkunas to adjourn the regular meeting. Voice vote. Motion carried and meeting adjourned at 8:55 p.m. ATTEST: Carol S. Penning, CMC VILLAGE CLERK 7 Bd. 01/08/13