Amended Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES March 22, 2022 President Johnson called to order a meeting of the Board of Trustees at 8:00 p.m. Those present were: President Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Hickey, Matthew Krummick, Dan Love, and James Connell. ITEMS NOT ON THE AGENDA President Johnson asked if there was any public comment, and there was none. OMNIBUS VOTE AGENDA President Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for a separate discussion. A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the February 8, 2022 and February 22, 2022 Village Board Meetings C. Bills for Approval D. RESOLUTION NO. 22-R-36: A Resolution Declaring a Surplus of Tax Increment Financing Funds E. RESOLUTION NO. 22-R-37: A Resolution Appointing Members to Village Commissions F. ORDINANCE NO. 22-R-ll: An Ordinance Declaring Surplus Property G. RESOLUTION NO. 22-R-38: A Resolution to Approve a Confirming Resolution for Change Order No. 1 with Mauro Sewer Construction, Inc. for the 2021 Watermain Replacement Program H. RESOLUTION NO. 22-R-39: A Resolution to Approve an Intergovernmental Agreement with the County of Lake and the Lake County ETSB I. ORDINANCE NO. 22-0-12: An Ordinance Vacating the Unimproved Big Oak Lane Right- of-Way adjacent to 1175 Thornbury Lane J. ORDINANCE NO. 22-0-13: An Ordinance Approving a Special Use Permit for Planned Development, a Planned Development Final Plan, and Final Plat of Subdivision (1001 S. Milwaukee Avenue) - Liberty ville Hyundai, Applicant K. RESOLUTION NO. 22-R-40: A Resolution for Appropriation of Motor Fuel Tax (MFT) Funds in the amount of $500,000 for the 2022 Road Rehabilitation Program L. RESOLUTION NO. 22-R-41: A Resolution for Appropriation of Rebuild Illinois Bond Funds in the amount of $446,279 for the Annual Road Rehabilitation Program M. RESOLUTION NO. 22-R-42: A Resolution to Award a Professional Services Agreement to Teska Associates, Inc. for Streetscape Assessment and Business Kiosk Sign Design N. ARC Report Tmstee Adams moved to adopt the items listed on the Omnibus Vote Agenda in a single group pursuant to the omnibus vote procedures of the Libertyville Municipal Code, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Tmstees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None President Johnson noted resident Michael Haug was present and is the newest appointed member of the Appearance Review Commission/Historic Preservation Commission. President Johnson also welcomed Heather McGreevey as the newest appointed member of the Sustain Libertyville Commission. 4 - Public Hearing - Proposed FY 2022-2023 Budget President Johnson noted pursuant to the requirements of the Illinois Municipal Code (65 ILCS 5/8- 2-6), the Village of Libertyville is required to hold a public hearing prior to the adoption of its annual budget. In compliance with the Act, notice of the hearing was published in the Daily Herald on March 10, 2022. The first draft of the proposed Fiscal Year 2022-2023 budget was made available for public inspection on February 14, 2022 on both the Village's website and at the Village Hall. Budget review workshops were held by the Village Board on March 5 and March 15, 2022. These workshop meetings were properly noticed in compliance with the Illinois Open Meetings Act (5 ILCS 120). During the budget review meetings, the Village Board provided direction to incorporate two changes into the final budget: 1. Revision oftimelines and milestones for department goals and objectives -No BOARD OF TRUSTEES March 22, 2022 2  financial impact 2. A cost-of-living adjustment of 2.75% for non-union employees, calculated based on current economic and labor market considerations The revised final proposed budget document reflecting these changes was made available for public inspection on March 16, 2022 on the Village's website and at the Village Hall. The highlights of the FY 2022-2023 budget include: • Operating revenues for all appropriated funds totaling $76,384,379, an increase of $12,512,404 or 19.6% compared to the FY 2021-2022 budget. A significant portion of this change is due to planned debt issuance for capital projects as well as anticipated increases in intergovernmental revenue. • Operating expenditures for all appropriated funds of $49,665,075, an increase of $1,131,250 or 2.3% compared to the FY 2021-2022 budget. The net operating budget is balanced across all appropriated funds. • Capital investment in community infrastructure totaling $26,958,363, an increase of $10,565,446 or 64.5%, compared to the FY 2021-2022 budget. This increase is primarily driven by two significant stormwater sewer improvement projects planned for construction in FY 2022-2023. • The property tax impact of the proposed budget will be a $7 annual increase in the Village portion of a typical resident's property tax bill (9%). The average resident will also pay $54 more in utility charges annually due to planned increases of 3% for water service and 5% for sanitary sewer service. The total budget impact on an average resident is a 2.3% increase, which is substantially less than the 2021 change in the Consumer Price Index of 7.0%. The attachment to this supplement includes an overview of budgeted revenues and expenditures by fund along with 225 projected fund balances. President Johnson asked if there were any public comments and there were none. Trustees Adams, Garrity, Hickey, Kmmmick, Love, and Connell thanked staff for their efforts throughout the budget process. President Johnson also thanked staff for their efforts in dealing with a global pandemic and onboarding a new Village Board. Trustee Hickey moved to close the public hearing, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None BOARD OF TRUSTEES March 22, 2022 3 5 - REPORT OF THE ZONING BOARD OF APPEALS ZBA 22-03, Variation for Height of Screening President Johnson noted the contract purchaser of 2001 Kelley Court is requesting a variation to allow construction of approximately a 16.5 foot ground-mounted mechanical equipment. The screening would be installed around a proposed dust collector equipment. The Zoning Board of Appeals heard the request to increase the height of the screening from 10 feet to 16.5 feet at the February 28,2022 meeting. Members concurred with the request. A motion to recommend Village Board of Trustees approval passed with a vote of 5 - 0. President Johnson asked if there were any public comments, and there were none. Bob Bleck was present and made brief remarks. Several Trustees supported and asked questions about the item. Trustee Love moved to approve item 5, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 6A - REPORT OF THE PLAN COMMISSION PC 22-02, Special Use Permit President Johnson noted Great Lakes Credit Union proposed to install a drive-thru ATM at their location at 1509 N. Milwaukee Avenue. The Plan Commission heard the request for a Special Use Permit for the drive-thm at the Februaiy 28, 2022 meeting. Members of the Plan Commission concurred with the request as the site allows queuing of up to four (4) vehicles without blocking parking spaces. A motion to recommend Village Board of Trustees approval passed with a vote of 5 - 0. President Johnson asked if there were any public comments, and there were none. Several representatives were present and made brief comments about the project. Trustees Adams, Garrity, Love, and Connell offered comments and support for the item. Trustee Adams moved to approve item 6A, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None BOARD OF TRUSTEES March 22, 2022 4 6B - REPORT OF THE ZONING BOARD OF APPEALS ZBA 22-04, Variations for Signage President Johnson noted at the February 28, 2022 meeting, the Zoning Board of Appeals heard a request for variations to increase the number of signs at 1509 N. Milwaukee Avenue from three (3) to four (4) and to allow the canopy signs to be translucent. During the course of the meeting, the number of signs was reduced to three (3) and the petitioner withdrew the request for translucent signs. Members of the Zoning Board of Appeals concurred with the revised request. A motion to recommend Village Board of Trustees approval passed with a vote of 4 -1, subject to the submittal of revised plans prior to Village Board review. Staff notes that the revised plans have been received and included in the packet for review. President Johnson asked if there were any public comments, and there were none. Trustees Garrity, Hickey, Love, and Connell offered comments and support for the item. Trustee Krummick requested a point of clarification. Trustee Love moved to approve item 6B, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 7 - REPORT OF THE PLAN COMMISSION PC 20-29, Amendment to the Special Use Permit for a Planned Development PC 20-30, Amendment to the Planned Development Final Plan PC 20-31, Amendment to the Special Use Permit for a Sports and Entertainment Complex PC 20-32, Amendment to the Site Plan Permit PC 20-33, Final Plat of Subdivision PC 20-35, Amendment to the Planned Development Final Plan PC 20-36, Final Plat of Subdivision On Febmary 14, 2022, the Plan Commission held a public meeting on the Final Development Plan to develop the land to the south of the Sports Complex at 1800 N. US Highway 45. Included in the proposal is construction of two office/warehouse/industrial buildings and realignment and additional parking at the Sports Complex site. The industrial/office buildings would be constructed by Midwest Industrial as Spec Space. Land uses are proposed to be consistent with the underlying 0-2 Office, Manufacturing and Distribution Park District. If the petitioner proposes a use that is listed as Specially Permitted, then a public hearing would be held at that time. The major items discussed during the meeting were as follows: BOARD OF TRUSTEES March 22, 2022 5 Sports Complex: • Realignment/addition of parking spaces: Roadways are proposed to be realigned and parking added to allow the Complex to operate without use of the parking to the south of the building. • Sidewalk: Members of the Plan Commission voiced support for a sidewalk on the south side of the building to provide pedestrian connection to expanded parking to the east. Staff has reviewed this issue and found that the site grades do not work for a sidewalk in the current layout. Staff offers to monitor the situation with Canlan Sports and either address the rear door to allow full access, or redesign the roadway to be one-way and include a pedestrian carriage walkway. • Traffic Signal: At the Concept Plan level, it was discussed that the Tempel Road leg of the intersection at Rt. 45 opposite the Sports Complex meets the warrant for a traffic signal. The Sports Complex use does not meet the warrants alone. Staff is committed to conducting a funding study for a signal at this intersection. The study remains a development condition of the project. Midwest Proposal • Truck traffic: The buildings are designed with a centralized truck court to separate trucks from cars as much as possible. Concerns from the neighbors were stated regarding the increase in truck traffic on adjoining roadways. Truck traffic will be allowed on-site, however, a Truck Terminal is not allowed in the current zoning district nor is it being proposed. Land uses being considered are consistent with the underlying zoning. Trucks will not be allowed north of the interior truck dock area. • Traffic Concerns: Both adjoining roadways are under the jurisdiction of the Illinois Department of Transportation (IDOT) which has approved the Traffic Impact Study. No additional or changes to the geometries of the site are required by IDOT. • Connection to Peterson Road: The current site has a connector road to Peterson. The development of the property does not lend itself to a full roadway, but a clear connection is proposed along the south end of the Midwest building and access is provided through the western parking lot. • Water Runoff and Quality: Neighbor concerns voiced included stormwater impacts on downstream properties and water quality. It was reviewed that the detention basin will be rebuilt to address all volume and release rate requirements through an expansion of the basin and the installation of a new outlet control structure. The basin is also being constructed to meet applicable water quality requirements which include an expanded wetland-bottom footprint consisting of native plantings. At the conclusion of the meeting, the Plan Commission debated whether the Final Plan was in substantial conformity with the Concept Plan. A motion was made to recommend Village Board of Trustees approval of the Final Plan subject to the development conditions listed in the DRC BOARD OF TRUSTEES March 22, 2022 6 Report (see attached). The motion was approved with a vote of 4 - 3 with dissenters noting a concern with the size of the industrial development, the lack of a separate connector road to Peterson and the lack of a sidewalk connecting the east parking lot of the Sports Complex and the main entrance to the building. Attorney Passman offered an overview of the process and potential next steps for approval. Community Development Director Spoden offered additional, detailed information about the project. Developer representatives were present and made some remarks. The representatives spoke about the planned usage, stormwater, and traffic concerns. President Johnson asked questions and the representatives spoke to her concerns. Trustee Adams asked questions about potential restrictions on overnight hours, and the developer spoke to the item. Chris Geiselhart of unincorporated Libertyville expressed concerns about stormwater and watershed issues. Meg Carter of Liberty ville offered concerns about safety, traffic, and other environmental concerns. Kyle Burby of Libertyville mentioned concerns about safety. Erin Stout of unincorporated Libertyville expressed light industrial for the property usage and expressed concerns about traffic and stormwater issues. Mike Norra of unincorporated Liberty ville offered concerns about traffic and safety concerns. Sheri Rocci of unincorporated Libertyville mentioned health concerns and Trustee Adams asked the speaker a question. Richard Adams of unincorporated Liberty ville expressed concerns about traffic and flooding issues. President Johnson spoke to the speaker's concerns and asked staff questions. Marty Neal of Libertyville offered support for the item and discussed a water engineering study. Trustee Adams offered comments and support for the item. Trustee Garrity offered comments and support for the item. President Johnson asked Director Kendzior a question. Tmstee Hickey offered support and thanked the veteran board members and staff. Trustee Krummick thanked residents for their comments and asked the petitioner several questions. Trustee Love asked the petitioner questions. Trustee Connell thanked staff, veteran board members, and Marty Neal for their contributions to this item. President Johnson spoke about stormwater issues. A condition was suggested that the development reduce idling to the extent practicable. Trustee Adams moved to approve item 7 with the additional condition, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Item 8 was deferred at the request of the petitioner. BOARD OF TRUSTEES March 22, 2022 7 9 - RESOLUTIO NO. 22-R-43: A Resolution to Approve a Joint Bid Contract Renewal with Globe Construction, Inc. for the Annual Sidewalk Replacement Program President Johnson noted that competitive bids were received and publicly opened on March 9, 2021 for the McHenry County Municipal Partnering Initiative (MPI) Sidewalk Replacement Program joint purchasing program. Globe Construction, Inc. was determined to be the lowest responsive bidder. The Village Board of Trustees awarded the contract to Globe Construction on April 13, 2021 for an amount not to exceed $105,000.00 with the passage of Resolution 21-R-47. The contract was bid with the option to renew the contract for an additional two years (Year 2 and Year 3). The table below shows the bid results for Year 2 of the contract. Contractor Sidewalk R&R Unit Price (SF) ADA Panels (Each) Globe Construction, Inc. $7.80 $185.00 Schroeder & Schroeder, Inc. $10.50 $315.00 Strada Construction $11.50 $325.00 Chadwick Construction $12.85 $310.00 Copenhaver Construction, Inc. $13.00 $550.00 Alliance Contractors, Inc. $15.75 $400.00 The Fiscal Year 2022/23 Annual Budget has $200,000 allocated in the Project Fund (Account #40- 0000- 0-784) for sidewalk removal and replacements. Staff recommends approval of Globe Construction's unit prices shown in the attached bid tabulation in a not-to-exceed amount of $160,000. The remaining $40,000 will be allocated to sidewalk hydraulic lifting (i.e. mud-jacking) in order to correct trip hazards. Globe Construction, Inc. has successfully completed the Joint-Bid Program for the last few years. Staff recommends adoption of the attached resolution to approve the contract renewal with Globe Construction, Inc. in the not-to-exceed amount of $160,000 for the Annual Sidewalk Replacement Program and authorize execution of the contract renewal by the Village Administrator, subject to the appropriation of funds in the FY 2022/23 Annual Budget. President Johnson asked if there were any public comments, and there were none. Trustees Hickey and Krummick asked Director Kendzior some questions. Trustee Hickey moved to approve item 9, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Kmmmick, Love, and Connell NAYS: None BOARD OF TRUSTEES March 22, 2022 8 10 - RESOLUTION NO. 22-R-44: A Resolution to Award a Contract for the 2022 Joint Bid Road Rehabilitation Program to Peter Baker «& Son Co. President Johnson noted that the Draft Fiscal Year 2022/23 Budget includes funds to perform roadway maintenance as part of the Annual Road Improvement Program. The Village participated in a Joint Bid Road program with Mundelein, Vernon Hills, and the Libertyville Township Road District in an effort to continue to receive advantageous competitive unit price bids based upon an "economy of scale" from larger contract quantities. An Intergovernmental Agreement (IGA) was executed previously by all parties in December 2018 and amended in February 2019 for the Joint Bid program. Public Works staff worked with the joint bid agencies and Gewalt Hamilton Associates, Inc. (GHA) to prepare plans, specifications and to solicit competitive contractor bids. Competitive contractor bids were opened on March 8, 2022. Three (3) bids were received for the project with the following results: Contractor Overall Joint Bid Amount Village Share Peter Baker & Son Co. $3 ,647,000.00 $859,414.70 Brothers Asphalt Paving, Inc $3 ,834,094.65 N/A Builders Paving, LLC $3 ,975,988.00 N/A The Engineer's Estimate for the total joint bid work was $3,959,672.50. The qualified low bid contractor is Peter Baker & Son Co. in the amount of $3,647,000.00. Peter Baker & Son is a large and experienced local roadway contractor and has successfully completed previous pavement rehabilitation projects for the Village. Village staff and GHA recommend award of the contract to Peter Baker & Son Co. The above listed amounts represent the total contract value, which include the services being provided to all entities within the IGA. The Illinois Department of Transportation (IDOT) requires that the Village award the contract for the total amount of $3,647,000 since the Village is the Lead Agency for the program, and because some of the parties are using Motor Fuel Tax funds. However, in accordance with the terms of the approved IGA, the Village is only responsible for the share of the contract that is directly attributable to its roadways ($859,414.70). There is $946,279 allocated to pay for the Village's share in the Draft FY 2022/23 Annual Budget in the Motor Fuel Tax Fund (Acct ^07-0000-0-738). The proposed work is anticipated to be completed this summer. Staff recommends approval of the attached Resolution to award the contract to Peter Baker & Son Co. for the 2022 Joint Bid Road Rehabilitation Program in the amount of $3,647,000, subject to the appropriation of funds in the FY 2022/23 Annual Budget. BOARD OF TRUSTEES March 22, 2022 9 President Johnson asked if there were any public comments, and there were none. Trustees Adams, Garrity, Krummick and Love offered support for the item. Trustee Adams moved to approve item 10, and Trustee Love seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Kmmmick, Love, and Connell NAYS: None 11 - RESOLUTION NO. 22-R-45: A Resolution Approving an Amendment to a Contract Between the Libertyville Fire Protection District and the Village of Libertyville President Johnson noted that the Libertyville Fire Protection District has been contracting with the Village of Liberty ville for over eighty years to provide Fire, EMS, and Special Rescue Services to the residents of the Liberty ville Fire Protection District. The current contract, set to expire in 2026, has been amended to include language regarding fee calculations, address capital projects and vehicles. A summary of which is provided below. During the 2020-2021 budget and fee calculation process, the Fire Department budget decreased from the previous fiscal year. The existing funding formula in the contract was silent on the process of calculating the fee for service for the next fiscal year. Through negotiation, the Liberty ville Fire Protection District agreed to fund their fee for service at the same rate as the previous year, preventing a reduction in revenue to the Village. To prevent this situation in the future, the Village and Fire District agreed to modify the contract language. Section 10 to the following; "If the Village's fire department's budget for the fiscal year increases or remains the same as the prior year and the District's payment amount is calculated to be lower than the previous year's payment, the District agrees to use the previous year's contract payment. If the Village's fire department's budget for the fiscal year is reduced, the District's payment amount shall also be reduced accordingly." Section 10 of the existing contract, also required language to define who is responsible for funding Station 3 capital projects. The Fire Protection District added the following language to the contract to clarify this item: "The District shall pay for all Capital improvements to Station 3. Capital improvements are any repair or replacement costs associated with Station 3 that exceeds five thousand dollars ($5,000.00)." The final change to the current contract includes a funding line item for capital vehicle replacement. The Libertyville Fire Protection District has agreed to add the following language to Section 10 of the contract: "The District shall pay the Village thirty-five thousand dollars ($35,000) annually for its share of the fire department vehicle replacement fund, due June 1, 2022 and June 1 of each year thereafter. If the capital vehicle replacement fund is placed back into the Village's BOARD OF TRUSTEES March 22, 2022 10 fire department budget, the District will no longer be responsible to pay thirtyfive thousand dollars ($35,000) annually toward the vehicle replacement fund, instead the District shall be responsible for its share of the vehicle replacement fund as calculated as part of its contract payment to the Village." Staff has reviewed the changes to the current contract for service with the Libertyville Fire Protection District and is recommending approval of the attached Resolution to authorize the Mayor to execute the contract with the Liberty ville Fire Protection District for an additional 10 year term to expire in March of 2032. President Johnson asked if there were any public comments, and there were none. Trustees Adams and Garrity offered support for the item. President Johnson clarified a few of the item's details. Trustee Love moved to approve item 11, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell I NAYS: None PETITIONS AND COMMUNICATIONS President Johnson announced the following: • The Parks and Recreation Advisory Commission will NOT meet at 3:00 p.m. on Thursday, March 24, 2022. • The Parks and Recreation Committee will meet at 6:00 p.m. on Tuesday, April 5, 2022. • The Human Relations Commission will meet at 5:00 p.m. on Wednesday, April 6, 2022. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, April 11, 2022. • The Village Board will meet at 8:00 p.m. on Tuesday, April 12, 2022. • The Public Works Committee will meet at 7:00 p.m. on Tuesday, March 22, 2022 • The Village Board will meet at 8:00 p.m. on Tuesday, March 22, 2022. BOARD OF TRUSTEES March 22, 2022 11 ADJOURNMENT With no further business to come before Village Board, Trustee Adams moved to adjourn the meeting at 11:22 p.m., and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Respectfully submitted, Luke Stowe Village Clerk BOARD OF TRUSTEES March 22, 2022 12