Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES February 11,2020 President Weppler called to order a meeting of the Board of Trustees at 8:00 p.m. in the Village Hall, 118 West Cook Avenue, Libertyville, IL. Those present were: President Terry Weppler, Trustees Donna Johnson, Richard Moras, Jay Justice, Scott Adams, and Patrick Carey. Trustee Garrity was absent. Community pARTners Proclamation President Weppler presented a Proclamation to Amy Williams, Director of the David Adler Music and Arts Center, recognizing a new annual art initiative. The Community pARTners program is an opportunity for businesses in the community to sponsor a series of arts events throughout the year. CPFO Recognition President Weppler recognized Finance Director Nick Mostardo on receiving his Certified Public Finance Officers (CPFO) designation from the Government Finance Officers Association. ITEMS NOT ON THE AGENDA President Weppler asked if anyone had anything to bring before the Board that was not already listed on the agenda. Resident Phil Brown, 423 Ridgewood Lane, addressed the Board regarding the Archdiocese lawsuit and appeal recent ruling. He shared with the Board that he wrote a summary blog that had received over 1200 readers in less than a week. In his opinion the community was still interest in the potential development, and that time had not diminished his concern. OMNIBUS VOTE AGENDA President Weppler introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion, and there were none. Omnibus Vote Agenda A. Minutes of the January 28, 2020 Village Board Meeting B. Bills for Approval C. RESOLUTION NO. 20-R-16: A Confirming Resolution to Purchase Additional Bulk Road Salt from Morton Salt, Inc. D. ORDINANCE NO. 20-0-12: An Ordinance Amending Chapter 23 of the Municipal Code Regarding Parking Restrictions on East Cook Avenue E. ORDINANCE NO. 20-0-13: An Ordinance Declaring Surplus Property F. RESOLUTION NO. 20-R-17: A Resolution Amending the Village's Investment Policy Statement G. RESOLUTION NO. 20-R-18: A Resolution to Approve an Intergovernmental Agreement with Metra to Install Security Cameras at the Downtown Metra Station  BOARD OF TRUSTEES/Febmary 11, 2020 Page 2 H. RESOLUTION NO. 20-R-19: A Resolution to Approve a Contract Renewal with Integrated Lakes Management, Inc. for the Annual Lake & Pond Management Contractual Services Program I. RESOLUTION NO. 20-R-20: A Resolution Approving Revisions to the Employee Handbook J. ORDINANCE NO. 20-0-14: An Ordinance Amending Text of the Libertyville Zoning Code - Required Application Materials for Planned Developments K. RESOLUTION NO. 20-R-21: A Resolution to Approve the Purchase of Replacement Desktop Computers from CDW-G Trustee Johnson moved to adopt the items listed on the Omnibus Vote Agenda in a single group pursuant to the omnibus vote procedures of the Liberty ville Municipal Code. Trustee Moras seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYS: None ABSENT: Garrity REPORT OF THE PLAN COMMISSION (PC 20-4) - Text Amendment to article 16-8.5 - 135 W. Church Street The Libertyville Civic Center requested a Text Amendment to the Zoning Code to give the Village Board authority to grant variations of not more than 35% of the district requirements in the IB, Institutional Buildings District. The current restriction limited the Village Board authority to grant variations up to 20% of the district requirements. The Plan Commission held a public hearing on the request on January 27, 2020, and reviewed that the request is a result of the Civic Center proposal to install ground-mounted HVAC equipment on property that currently exceeds the maximum lot coverage restriction. A motion to recommend Village Board of Trustees approval passed with a vote of 5 - 0 as the proposal is limited to the IB District. Trustee Justice moved to approve the text amendment to the zoning code to give the Village Board authority to grant variations of not more than 35% of the district requirements in the IB. Trustee Johnson seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYS: None ABSENT: Garrity  BOARD OF TRUSTEES/Febmary 11, 2020 Page 3 REPORT OF THE ZONING BOARD OF APPEALS (ZBA 20-07) - Variation to Increase Lot Coverage and ZBA (20-08), Variations for Perimeter Landscaped Open Space - 135 W. Church Street At the meeting of January 27, 2020, the Zoning Board of Appeals heard a request from the Libertyville Civic Center for variations for lot coverage and Perimeter Landscaped Open Space to allow for installation of ground-mounted HVAC equipment. The equipment would be placed along the eastern and southern property lines. Members of the Zoning Board of Appeals concurred with the request as the site currently exceeds lot coverage requirements and screening is proposed to buffer the HVAC units. Motions to recommend Village Board of Trustees approval passed with votes of 5 - 0. Trustee Adams moved to approve the variations for perimeter landscaped open space at 135 W. Church Street, and Trustee Johnson seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYS: None ABSENT: Garrity REPORT OF THE ZONING BOARD OF APPEALS (ZBA 20-05), Variations for Signage -1950 Innovation Way, Suite 400 Avexis, Inc. is proposing to install a wall sign at their location in Innovation Park at 1950 Innovation Way. The proposal requires variations to increase the number of wall signs from one (1) to two (2), and an increase in sign area from 32 square feet to approximately 38.4 square feet. The Zoning Board of Appeals heard the request at the January 27, 2020 meeting. Members noted that the existing sign for Avexis at the site is on the south wall and not visible from Route 45. Motions to recommend Village Board of Trustees approval passed with votes of 5 - 0. Trustee Adams moved to approve the variations for signage, and Trustee Carey seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYS: None ABSENT: Garrity RESOLUTION NO. 20-R-22: A Resolution to Approve a Request for a Special event - Festival of the Arts The Village received a letter from the David Adler Music and Arts Center (DAMAC) requesting Village Board approval for their 40 annual Festival of Arts event on August 1st and 2nd, 2020.  BOARD OF TRUSTEES/February 11, 2020 Page 4 The Art Festival is well-attended and brings residents and visitors to the downtown to shop, dine and stay, consistent with the goal to promote Libertyville. Approval of the event by the Village Board is subject to the following conditions: • DAMAC will complete the special event application which will specify the requirements for the event (new requests for services will be reviewed and will be approved as part of the application process) • Approval from the Cook Park Library to block the entrance to the parking lot • Collaborate with staff to finalize the location and logistics for the community art/mural project once it is complete Trustee Moras moved to approve the resolution to approve a Special Event - Festival of the Arts. Trustee Johnson seconded. Trustee Adams indicated he would not like to vote on the item since he was directly involved with the event. He also explained that the GLMV collaborated with the DAMAC last year and the event was very successful. The participating artists and public indicating they enjoyed the enhanced event and that attendees had increased. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, and Carey PRESENT: Adams NAYS: None ABSENT: Garrity RESOLUTION NO. 20-R-23: A Resolution to Approve a Request for Special Events - MainStreet Libertyville The Village received a letter and related special event applications, from MainStreet Libertyville Inc. (MSL) requesting Village Board approval for their Calendar Year 2020 annual events. The Wine About Winter event was previously approved due to the time sensitivity of the event. The list of events are found below: • Car Fun on 21 • Historic Home Tour • Farmer's Market • Lunch in the Park • MainSweet Dessert Walk • Dickens of a Holiday • First Fridays on Main Street • Let's Wine About Winter (previously approved) • Sidewalk Sales • Twilight Shuffle 5K Run • Small Business Saturday • Trick or Treat on Main Street  BOARD OF TRUSTEES/Febmary 11, 2020 Page 5 The MSL Libertyville events are well attended and bring residents and visitors to our downtown to shop, dine and stay, consistent with the goal to promote Liberty ville. Pam Hume, Executive Director, of MSL thanked the Village Board for their support. Mayor Weppler indicated the importance of the events to the community and expressed his appreciation. Pam Hume also recognized the community volunteers that make the events possible. Trustee Adams moved to approve the resolution approving the MainStreet Libertyville events. Trustee Carey seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Tmstees Johnson, Moras, Justice, Adams, and Carey NAYS: None ABSENT: Garrity CONSIDERATION OF AN APPEAL OF THE TREE PRESERVATION CODE - STEVENSON DRIVE The Village's Municipal Code prohibits the removal and trimming of all public trees. The removal of private trees requires a tree permit. The property owner at 1403 Stevenson Drive removed both a public, and private tree without a tree permit per the Tree Preservation Ordinance. PUBLIC TREE REMOVAL Property owners are not permitted to remove public trees without permission. As a result, the replacement requirements for a public tree removal is four (4) replacement trees as determined by the Village. The public tree was in the parkway and tree removal without permit requires a replacement of double the amount, and now requires a total replacement of eight (8) trees. As part of the appeal request, the property owner agrees to replant one parkway (1) tree and pay the fee in lieu for the remaining seven (7) in a total amount of $2,450 ($350/tree). Due to the location of the property and lack of public space for planting, staff agrees with this request as part of the appeal. PRIVATE TREE REMOVAL WITHOUT PERMIT The private tree removed at this location is in Category A which requires the replacement of three (3) Category A trees. Tree removal without permit requires a replacement of double the amount, which would be six (6) trees or a fee in lieu of full replacements of $2,100 per the Code. In April, 2019 the property owners planted three (3) Category A trees and three (3) Category B trees on their private property. As part of the appeal, the property owner is requesting retro-active approval to allow credit for the six (6) previously planted private  BOARD OF TRUSTEES/Febmary 11, 2020 Page 6 trees. Staff agrees with this request as it meets the overall intention of the code to maintain the same amount of tree stock on the property. The Municipal Code provides for an appeal to the Village Administrator, however because this appeal includes a public tree removal, staff is seeking Board confirmation of the request and recommendation of this appeal to the tree preservation ordinance. Staff recommended the Village approve the appeal of the tree preservation code. Sandy Gallo, Stevenson Drive, was present to explain her appeal request. She apologized for not obtaining a permit and indicated she had added many trees on her property recently. Mayor Weppler expressed concern over the dollar amount of the fine as stated in the code and recommended as part of the appeal it be reduced due to the replacement of trees on the property due to extenuating circumstances. Trustee Johnson indicated that the intent of the appeal process is to consider extenuating circumstances, however the need to preserve trees in the community was still an important component of the tree preservation codes. Mayor Weppler suggested the fine be reduced from $2,450 to $1,050 removing the fine for not obtaining a permit, and other conditions of the appeal recommendation be maintained. Trustee Johnson moved to approve the appeal recommendation as stated. Trustee Carey seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYS: None RESOLUTION NO. 20-R-24: A Resolution to Approve an Extension for Dispatch Services with the Village of Vernon Hills & Countryside Fire Protection District Currently, dispatch services for the Village of Libertyville and the Libertyville Fire Protection District are contracted with the Village ofVernon Hills. In 2017, the Village approved a three-year agreement to continue dispatch services in Vernon Hills, this agreement expires April 30, 2020. The current agreement allows for a fourth-year option which would extend dispatch services to April 30, 2021. This option includes a 3.4% increase in dispatch services from 2019-2020 for a total amount of $932,198.00. Staff recommended the Village approve the Resolution for a fourth-year option for dispatch services with Vernon Hills and the Countryside Fire Protection District while the Village continues to work with the Lake County Regional 911 consolidation consortium.  BOARD OF TRUSTEES/Febmary 11, 2020 Page? Trustee Johnson moved to approve the resolution approving the extension for dispatch services. Trustee Carey seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYS: None ABSENT: Garrity RESOLUTION NO. 20-R-25: A Resolution to Continue Participation in the Lake County 911 Consortium with Level 3 Commitment Currently, the Village ofLibertyville is participating in a Regional 91 1 Consortium which includes 21 partner agencies who agreed to become early adopters and enter into an Intergovernmental Agreement (IGA) to pursue 911 consolidation and draft an Implementation Plan. In December, the Consortium adopted an Implementation Plan which included three levels of possible participation by the members moving forward. Level one included the standardization of technology. Among the county PSAP's, all PSAP's remain independent and agree to operate some or all of the same 911 and emergency dispatch technology. Level 2 includes virtual PSAP consolidation. County P SAP'S remain independent but operate as a single entity through shared technology and standard operation procedures. Level 3 includes full physical consolidation among participating agencies. This decreases the total number of PSAP's and creates a single agency created through an IGA to provide 911 emergency services for participating members. Consortium members were asked to review the adopted Implementation Plan with their respective Boards in order to determine future participation. Members will meet again in February to give their participation status in the program. Staff encouraged the Board to participate at Level 3 moving forward. This was the most logical and cost effective given the intent of the Consortium. Staff recommended the Village approve the Resolution and allow staff to continue the Village's participation in the 911 Consortium at Level 3, full consolidation. Trustee Johnson moved to approve the resolution approving continued participation in the Lake County 911 Consortium with Level 3 commitment. Trustee Carey seconded. President Weppler asked for further Board or public comment and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYES: None ABSENT: Garrity  BOARD OF TRUSTEES/Febmary 11, 2020 Page 8 RESOLUTION NO. 20-R-26: A Resolution to Award a Contract for the Annual Sanitary Manhole Rehabilitation Project with Redina Construction Company, Inc. The Fiscal Year 2019/20 Annual Budget included $75,000 in the Utility Capital Improvement Fund to perform sanitary manhole rehabilitation. Two separate sanitary sewer Inflow and Infiltration (I&I) studies were completed in sanitary Basins 9 and 12 and recommended rehabilitation for numerous manholes. The rehabilitation measures included cementitious lining, chimney seals, grouting and bench (bottom) repairs. These measures will help reduce I&I and improve the structural integrity of the manholes. The proposal included rehabilitation of 35 manholes, mostly located on Meadow Lane and Crane Blvd. Staff prepared bid packages and six bids were received at the bid opening on January 28, 2020. One bid was received an hour after the opening and was returned unopened to the sender. The six bids are summarized in the table below. Contractor Bid Amount Redina Construction Company, Inc. $52,657 Kloepfer Construction, Inc. $71,050 Kim Construction, Inc. $73,790 Hydro-Klean LLC. $75,296 Michels Pipe Services $78,664 National Power Rodding Corporation $84,650 Staff reviewed the bid submitted by Redina Construction Company, Inc. and found them to be the lowest responsible bidder. Staff contacted the provided references and received positive feedback and satisfaction with their work. Staff recommended approval of the resolution to award the contract for the Annual Sanitary Manhole Rehabilitation Project to Redina Construction Company, Inc. in the amount of $52,657 and authorized execution by the Village Administrator. Tmstee Justice inquired about the disparity in the low versus high bidder dollar amounts. He also asked Director of Public Works Kendzior if the references had been checked for the low bidder and what the length of the project will be. Trustee Justice moved to approve the resolution to award a contract for the annual sanitary manhole rehabilitation project. Trustee Adams seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moms, Justice, Adams, and Carey NAYS: None ABSENT: Garrity  BOARD OF TRUSTEES/February 11, 2020 Page 9 RESOLUTION NO. 20-R-27: A Resolution to Approve a Professional Services Agreement and Amendment #1 with Plan IT Geo, LLC for a Public Tree Inventory The Fiscal Year 2019/2020 Budget includes $20,000 to perform a Village wide public tree inventory. This tree inventory would consist of surveying all trees in Village right of ways, parks and Village owned buildings and would provide data on species, size, condition, etc. The inventory would also be integrated with the Village's GIS system, which would depict all the data on a map of the Village. In addition, the inventory would serve a multitude of purposes ranging from incorporating the Parks Division's tree maintenance records and work orders and providing accurate information for tree pruning, planting and removal contracts. A Request for Proposals (RFP) was issued on December 20, 2019 soliciting tree inventory professional services. The Village received three (3) responses, which are summarized in the table below: PlanIT Geo, Davey Resource Group, Great Lakes Urban Forestry LLC Inc. Management - Graf Units Unit Price Unit Price Unit Price 11,000 Tree (estimate) $2.60 $3.05 $3.25 Survey Trees The lowest responsive bidder was PlanIT Geo, LLC with a unit price of $2.60. An amount of $10,000 was proposed in Draft Fiscal Year 2020/21 Budget to complete the tree inventory. The Village received an Urban and Community Forestry Grant through the Morton Arboretum in the amount of $8,527 for the project. The quantity of 11,000 trees was an approximated number of trees only in the Village's right-of-ways. Due to the availability of grant funds, staff desired to have the parks and all Village owned buildings completed as well. This request required an amendment to the professional services agreement. Awarding the agreement with an amendment for the total amount of budgeted funds plus the grant would help to ensure a more comprehensive tree survey. After evaluation ofPlanIT Geo, LLC's Proposal, Staff, and MGP (the Village's GIS provider) recommended approving a professional services agreement with PlanIT Geo, LLC to complete the tree inventory in an amount not to exceed $38,527 (unit price of $2.60) which includes budgeted funds for 2019-2020, draft budgeted funds for 2020-2021, and receipt of a grant in the amount of $8,527. PlanIT Geo agreed to an additional amount at the quoted unit price. Staff recommended adoption of the resolution to approve a professional services agreement with PlanIT Geo, LLC to complete a public tree inventory in the not to exceed total amount of $38,527 (unit price $2.60) and authorized by the Village Administrator, subject to the appropriation of funds in the Draft FY 2020/21 Budget. Trustee Moms inquired as to the detail of data received and Director of Public Works Kendzior explained that there would be a comprehensive inventory that will be incorporated into the Village's GIS mapping.  BOARD OF TRUSTEES/Febmary 11, 2020 Page 10 Trustee Moms moved to approve the resolution approving a Professional Services Agreement with Plan IT Geo, LLC. Trustee Carey seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYS: None ABSENT: Garrity RESOLUTION NO. 20-0-28: A Resolution to Approve a Contract Renewal with Arthur Weiler, Inc. for the Annual Tree Planting Replacement Program The Public Works Department solicited sealed bids for the Annual Tree Planting Replacement Program last year. The contract work included planting replacement trees on Village owned properties such as parkways, parks, roadway medians and in the tree wells on Milwaukee Ave. The contract was awarded to the lowest responsive bidder, Arthur Weiler, Inc., at the May 28, 2019 Village Board meeting. The contract contained a renewal clause for two additional years, subject to Village Board approval. Village staff recommended renewing the contract with Arthur Weiler, Inc for the first of two possible additional years based upon the high quality of trees provided and the company's responsiveness. The Draft FY 2020/21 Annual Budget contains $87,500 in the General Fund to complete the proposed tree planting work. Staff recommended approval of the resolution to renew the contract for the Annual Tree Planting Replacement Program with Arthur Weiler, Inc. in the amount of $87,500 and authorized execution by the Village Administrator. Trustee Johnson moved to approve the resolution for a contract renewal with Arthur Weiler for the annual tree planting replacement program. Trustee Carey seconded. President Weppler asked for further Board or public comment and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, and Carey NAYS: None ABSENT: Garrity Report of the Historic Preservation Commission (HPC 19-05), Certificate of Appropriateness for Demolition - 708 N. Milwaukee Avenue (DEFERRED AT THE REQUEST OF THE PETITIONER) On September 16,2019 and October 28,2019, the Historic Preservation Commission held a public meeting on a proposal from Rhyan Holdings, LLC for a Certificate of Appropriateness to demolish the existing structure at 708 N. Milwaukee Avenue. Pursuant to the adoption of the Downtown Historic District, issuance of a Certificate of  BOARD OF TRUSTEES/February 11, 2020 Page 11 Appropriateness was required prior to demolition and the Commission will hold a public meeting and make a recommendation to the Village Board ofTmstees. The proposal before the Village was to demolish the Liberty Theater building and replace the building footprint with green space. Commission members reviewed the proposal with the applicant and members of the public. At the conclusion of the meeting, the Commission found that the structure is of such historic and cultural significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people. In addition, as the petition was to demolish the structure and not construct a new building at this time that the Commission could not review the proposal for compliance with Section 12.1 of the Historic Preservation Ordinance - Design Guidelines. A motion to recommend Village Board of Trustees approval of a Certificate of Appropriateness for demolition of the structure at 708 N. Milwaukee Avenue failed with a vote of 0 - 6. Accordingly, the recommendation of the Historic Preservation Commission is to deny the request. If the Village Board concurs with the recommendation to deny the Certificate of Appropriateness, the petitioner can file a petition for a Certificate of Economic Hardship. If such an application is received, the Village Board may refer the request back to the Historic Preservation Commission for review and recommendation. PETITIONS AND COMMUNICATIONS President Weppler announced the following: • The Firefighter Pension Board will meet at 8:30 a.m. on Monday, February 17, 2020 at the North Fire Station. • The Historic Preservation Commission will meet at 5:00 p.m. on Monday, February 17,2020. • The Appearance Review Commission will meet at 7:00 p.m. on Monday, February 17,2020. • The Parking Commission will meet at 10:00 a.m. on Tuesday, Febmary 18, 2020. • The Economic Development Commission will meet at 7:30 a.m. on Wednesday, February 19,2020. • The Sustain Libertyville Commission will meet at 4:00 p.m. on Wednesday, February 19,2020. • The Parks and Recreation Advisory Commission will meet at 3:00 p.m. on Thursday, February 20, 2020. • Ask the Mayor will meet from 9:00 a.m. to 10:30 a.m. on Saturday, Febmary 22, 2020 at Panera Bread, 832 S. Milwaukee Avenue. • The Plan Commission/ZBA will meet at 7:00 p.m. on Monday, February 24,2020.  BOARD OF TRUSTEES/Febmary 11, 2020 Page 12 • The Streets Committee will meet at 7:00 p.m. on Tuesday, Febmary 25, 2020. • The Village Board will meet at 8:00 p.m. on Tuesday, February 25, 2020. • Ask the Mayor will meet from 10:00 to 11:30 a.m. on Friday, February 28, 2020 at the Libertyville Civic Center, 135 W. Church Street. • The Budget Workshop will be held at 8:00 a.m. on Saturday, February 29, 2020. • A Town Hall meeting will be held at 7:00 p.m. on Wednesday, March 4, 2020 at the Libertyville Civic Center. • Ask the Mayor will meet from 9:00 a.m. to 10:30 a.m. on Saturday, March 14, 2020 at Birdys, 725 N. Milwaukee Avenue. ADJOURNMENT With no further business to come before Village Board, Trustee Johnson moved to adjourn at 8:51p.m., and Trustee Moras seconded. The motion carried on a unanimous voice vote. Respectfully submitted, %Qif^Qj^ Kelly A. Amidei Deputy Village Clerk