Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES June 23, 2020 Meeting Conducted Virtually due to Governor's Executive Orders ^2020-10, 18, and 32 President Weppler called to order a virtual meeting of the Board of Trustees at 8:07 p.m. Those present were: President Terry Weppler, Trustees Donna Johnson, Richard Moras, Jay Justice, Scott Adams, Peter Garrity, and Patrick Carey. President Weppler stated that Due to public health concerns as a result of the COVID-19 pandemic per the Governor's Executive Order 2020-39 it is not practical or prudent for the Village Board to meet in-person. Therefore, the Village Board is holding this meeting virtually. President Weppler then explained the process of the public comment at the meeting. EMPLOYEE RECONITIONS President Weppler thanked the following for their service and dedication to the Village of Liberty ville and congratulated them on their ten-year anniversaries. Joshua Roberts, Firefighter Justin Haedt, Firefighter Matthew Hughes, Firefighter ITEMS NOT ON THE AGENDA Andrea Alvarez, 1500 Old Peterson Road addressed the Board regarding her disappointment with the Black Lives Matter sign requested to be removed from a private business and the Village's response on Facebook. Noting a concern regarding a possible violation of First Amendment rights, she asked for employee training and specific policies going forward. Ms. Alvarez also asked for comments on the recent issues with the Library Board and its President. Trustee Johnson asked for clarification of the request as it pertains to the Libertyville Village Board. Ms. Alvarez asked for a formal declaration that the Village welcomes all people. President Weppler stated that the Village Board discussed and recommended for approval at the last meeting the Shared Principles of Policing. Resident Matt Tooley asked for Village Board comments on the resignation of the Library Board President and her comments. He asked for each individual Board Member  BOARD OF TRUSTEES/June 23, 2020 Page 2 to clarify where they stand on the matter. President Weppler stated that the matter was not a Village Board issue. President Weppler noted that the Village Board comments on issues not individuals. OMNIBUS VOTE AGENDA President Weppler introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion. There were no items brought forth. Omnibus Vote Agenda A. Minutes of the June 9, 2020 Village Board Meeting B. Bills for Approval C. RESOLUTION NO. 20-R-74: A Resolution to Approve a Professional Services Agreement with M.E. Simpson Co., Inc. for the Water Distribution System Leak Survey D. RESOLUTION NO. 20-R-75: A Resolution to Approve a Contract Extension for the Annual Water Valve Assessment & Exercising Program with M.E. Simpson, Inc. E. RESOLUTION NO. 20-R-76: A Resolution to Approve a Contract for the Liberty ville Fire Station 2 Flooring Project with Redmond Construction Corp. F. ORDINANCE NO. 20-0-36: An Ordinance Approving an Amendment to the Planned Development Final Plan (PC 20-06) - 1417 W. Peterson Road G. ORDINANCE NO. 20-0-37: An Ordinance Approving an Amendment to a Special Use Permit for a Drive-In Establishment (PC 20-07) at 1417 W. Peterson Road H. ORDINANCE NO. 20-0-38: An Ordinance Granting a Variation for Signage (ZBA 20-09) at 1620 S. Milwaukee Avenue I. ORDINANCE NO. 20-0-39: An Ordinance Granting a Variation of Front Yard Setback (ZBA 20-10) at 522 Stevenson Drive J. RESOLUTION NO. 20-R-77: A Resolution Adopting the Shared Principles of Policing K. RESOLUTION NO. 20-R-78: A Resolution to Approve a Contract Extension with Clarke Environmental L. ORDINANCE NO. 20-0-40: An Ordinance Approving an Amendment to the Lease Agreement of Certain Space within the Libertyville Sports Complex between the Village of Libertyville and Illinois Bone & Joint Institute, LLC. M. HPC Report N. ARC Report  BOARD OF TRUSTEES/June 23, 2020 Page 3 0. ORDINANCE NO. 20-0-41: An Ordinance Approving a Second Amendment to the Agreement for the Purchase and Sale of Real Property between the Village of Liberty ville, 45 Peterson, LLC and Midwest Industrial Funds, Inc. for the Property Located at 1800 and 1850 N US Highway 45 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 Libertyville Municipal Code. Tmstee Moras seconded. President Weppler asked for further Board or public comment and there was none. Tmstee Johnson asked that information be made available to residents regarding the boundaries of Trustees on various boards. She noted that people are confused by the terms of Trustee versus citizen. She asked that the procedures and protocols be defined and added to the Village's website. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None ORDINANCE NO. 20-0-42: An Ordinance Amending the Number of Class C Liquor Licenses President Weppler stated that the Village received an application for a Class C Liquor License from Justin Lindal, Anam Cara Cafe & Bistro, located at 338 Peterson Road, Liberty ville. The application was reviewed by President Weppler/Liquor Commissioner and Village Staff. An Ordinance was presented which would amend the Municipal Code to increase the number of Class C Liquor Licenses from seven (7) to eight (8) and allow the issuance of the liquor license to Anam Cara Cafe & Bistro. President Weppler asked for questions and comments. Justin Lindal and Travis Kick addressed the Board, thanking Heather Rowe for her help. They stated that they would have a phased opening with a grand opening at the end of August. Trustee Adams moved to approve the ordinance amending the number of class C liquor licenses, and Trustee Garrity seconded. President Weppler asked for further comments or questions and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None  BOARD OF TRUSTEES/June 23, 2020 Page 4 CONSIDERATION OF AN ORDINANCE Granting Variations for a Fence (ZBA 20-11) at 234 McKinley Avenue President Weppler introduced an ordinance that would grant variations for a fence at 234 McKinley Avenue. The Village Board approved this request at their May 26, 2020, meeting with the understanding that an ordinance would be drafted for the Village Board to approve at their June 23, 2020 meeting. The Village Board requested neighbor input and a summary. Staff recommended the Village Board approve the ordinance. President Weppler asked for comments. The applicant Jack Danilkowicz, reviewed his reasons for the requested variations. He noted that the variations had been approved on May 26, 2020. He stated that putting the fence where the code allows would mean removal of 25-foot trees and would also block access to a shed/building at the back of the property. He added that during the second review process with neighbors, four were fine with the variations, one was neutral, one was okay with two of the three variations, and three failed to comment. Mr. Danilkowicz noted that he had already purchased the fence based on previous feedback and was facing further costs and delays. He asked that what was agreed to on May 26, 2020 be approved. Resident Jonathan Monroe addressed the Board concerning the fence issue. He noted that a 100-foot fence would appear as a fortress from Florence Court. He noted that there were no viable hardships provided. He added that the property is 200 feet from the bike path and there have been no noise issues for the neighborhood. He also stated that allowing the fence would set a bad precedent for other homeowners who might want to add a similar fence at the rear of their properties. President Weppler noted that the Board had received feedback from other neighbors via email. Trustee Garrity stated that Florence Court is a unique part of the Village and should remain open. Trustee Carey stated that his major concern was the length of the fence, not the height or opacity. He added that if opacity and height could remain within the code, he would agree with the length. Trustee Moras stated that he was not in favor of 6 feet in height. Trustee Johnson questioned the weather and wear on the wooden fence and added that if there were no issue with setback, the fence as proposed would be allowed. Tmstee Adams concurred with Tmstee Carey and stated his preference for a four-foot fence. He also disagreed with the length of the fence. President Weppler then asked if there could be any compromise on the issue. Village Attorney David Pardys explained that a negative vote would be for all three variations, and the one negative recommendation would require four positive votes.  BOARD OF TRUSTEES/June 23, 2020 Page 5 Mr. Danilovich stated that he was frustrated with the time and expense given to the issue. He stated that he would compromise to a five-foot fence along the back. He restated that cedar was the favorable option, and he asked that there be no further delay in the process. President Weppler then polled the Board. Trustee Johnson asked for more flexibility regarding length. Tmstee Moras stated that he appreciated the compromise of five feet, but he still felt that the fence would be an imposing structure. Trustee Justice concurred. Trustee Adams concurred with Trustee Carey's concerns, finding the length a problem. Trustee Garrity, noting the impact on Florence Court, asked for more compromise on size and length. Trustee Carey stated his preference for a 5-foot fence with open visibility. President Weppler explained that there were three options for Mr. Danilkowicz. Return the issue to the ZBA, defer the vote and have the Village Board review the matter, or proceed with voting. Trustee Johnson Moras, Garrity, and Carey asked for Mr. Danilkowicz to work with Director Spoden and Staff to reach an acceptable compromise. Mr. Danilkowicz expressed his disappointment and asked if something could be done to settle the matter at tonight's meeting. President Weppler noted that the Board could vote, but he did not recommend that. He suggested deferring until Mr. Danilkowicz could work with Staff on a compromise. Mr. Danilkowicz agreed. The issue was deferred to a future meeting. RESOLUTION NO. 20-R-79: A Resolution to Approve Amendments to the Commercial and Residential Garbage Contracts with Groot Industries President Weppler explained that this past January the Village's five-year Commercial garbage contract expired. (Groot has since agreed to continue the existing contract during negotiations.) Various options were considered which included, a commercial garbage RFP, a short-term renewal of the commercial contract to "line-up" with the renewal of the residential contract, or an extension of both contracts. At the March 10, 2020 Special Projects Committee, the three options were considered. Following a staff presentation and discussion it was determined that an extension of both contracts to June 1, 2026 would provide the most savings to residents and businesses. The Committee recommended unanimously that staff finalize the contract extension and present it for final Board approval. Highlights of the extended contracts include the following: Commercial A seventeen (17) month rate hold with no increase in rates until June 1, 2021.  BOARD OF TRUSTEES/June 23, 2020 Page 6 Residential Rates lowered by the following monthly amounts (retroactive to June 1 ): Current June 1,2020 Limited $22.18 $19.00 Sr. Limited $19.95 $17.00 Unlimited $29.13 $22.50 There was also a freeze on landscape waste fees until December 31, 2021 and smaller annual increases after this date on this service. New service options included food scrap collection incorporated with the landscape subscription program and curbside e-waste collection (up to three items/week with a 50 Ib. limit). This will provide a cost savings to the Village by eliminating the weekend Public Works drop-off site and providing curbside convenience to residents. Multi-family (townhomes, condos and apartments) will have a rate hold until June 1, 2021 as well. Josh Molnar, Municipal Manager for Groot was available at the meeting to answer any questions. Staff recommended approval of the resolution to extend both the commercial and residential contracts with Groot Industries, Inc. President Weppler then asked for questions and comments. Mr. Molnar thanked the Board and Staff. He added that they would also collect electronic waste. Information would be made available to residents via brochures. Trustee Johnson asked that the Groot website be kept up to date and complimented them on it. Trustee Garrity noted the significant reduction for residents. The Board then discussed the ability for residents to swap out their trash container sizes. Tmstee Garrity stated that he had expected that to be part of the contract, and he was disappointed that it was left out. Mr. Molnar said that it could be considered but not offered Village-wide. Trustee Johnson asked Administrator Amidei if there were many requests. Administrator Amidei said that there are occasional requests, but she had no data. Tmstee Garrity stated that the swap out had been part of the agreement from the beginning, and he felt data was available. He assumed it was part of the rate and asked that Groot and the administrator work it out. President Weppler explained that this contract was the one being voted on. He saw no issue with the swap out. Trustee Garrity moved to approve the resolution approving amendments to the Commercial and Residential Garbage Contracts with Groot Industries. Trustee Carey seconded. President Weppler asked for further comments or questions and there were none. The motion carried on roll call vote as follows:  BOARD OF TRUSTEES/June 23, 2020 Page 7 AYES: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 20-R-80: A Resolution to Approve a Contract Renewal with Advanced Cleaning Systems, Inc. President Weppler explained that on May 23, 2017, the Village Board of Trustees passed Resolution 17-R-103 to approve a janitorial services (cleaning) contract for all Village buildings, including the Sports Complex, with Advanced Cleaning Systems, Inc. in the amount of $278,565.00. The contract had a mutually agreeable renewal option for two additional years starting each July 1st. On June 26, 2018, the Village Board passed Resolution 18-R-137 to approve a contract renewal for the first year in the amount of $295,328.25. An additional possible mutually agreeable renewal year (now a total of three) was added at this time because Advanced Cleaning purchased a new scrubber machine for the Sports Complex. On January 14, 2020, the Village Board passed Resolution 20-R-05 to approve a contract renewal for the second year. Advanced Cleaning agreed to renew the contract with an increase of 1.9% based upon the All Urban Consumers Chicago Price Index (CPI) which resulted in an annual contract amount of $300,939.49 (FY19/20). Advanced Cleaning has once again agreed to renew the cleaning contract for the third and last year. Due to the COVID-19 social distancing requirements and gathering restrictions, a reduction of services had been proposed at the Sports Complex, Metra stations, swimming pools and preschools, which resulted in reduced monthly costs of $13,729.22. The wastewater treatment plant had been added at a monthly cost of $450.00. The total net monthly cost reduction is $13,279.22. Advance Cleaning has continued to provide a great level of service during these changing times and has worked with Staff on reduction of services without any hesitation. In order to determine the anticipated total amount of the contract, it was decided that the Sports Complex would remain closed for the time being, reduced cleanings would continue at the Metra stations and that the cleaning of the restrooms at Riverside and Butler Lake Parks would resume on April 1, 2021. This resulted in a total anticipated contract amount of $138,359.18. If the Sports Complex re-opens during the term of the cleaning contract, a change order can be initiated at an additional cost of $10,407.00/month. A 5% contingency is proposed to cover any additional cleaning work that staff may deem necessary during the term of the contract, which increased the proposed contract amount to $145,277.00. Village Staff recommended adoption of the resolution to approve the contract renewal to Advanced Cleaning Systems, Inc. for the amount of $145,277.00, which includes the 5% contingency and authorize the execution of the contract by the Village Administrator. President Weppler asked for questions and comments and there were none.  BOARD OF TRUSTEES/June 23, 2020 Page8 Tmstee Johnson moved to approve the resolution to approve a Contract Renewal with Advanced Cleaning Systems, Inc. Tmstee Justice seconded. President Weppler asked for further comments or questions and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 20-R-81: A Resolution to Approve a Professional Services Agreement with M.E. Simpson Co., Inc. for Fire Hydrant IVIaintenance and Flow Testing President Weppler explained that fire hydrant maintenance and flow testing are necessary to ensure proper operation of the water distribution system. Fire hydrants provide fire suppression and are also routinely used for flushing water mains, testing chlorine residuals and providing water for street and sewer cleaning and construction projects. To ensure proper operation of fire hydrants, it is necessary to undertake annual maintenance and flow testing services, which involves inspecting the appearance, accessibility, location, leakage, functionality and capacity of each hydrant. Having these services performed allowes staff to be proactive on hydrant repairs and correct issues before they become larger ones. Staff requested a proposal from the firm of M.E. Simpson Co., Inc., which has satisfactorily and safely completed numerous past proactive water distribution maintenance projects for the Village over the last several years, and is one of only a select few firms that perform this type of specialized work. M.E. Simpson Co., Inc. submitted a price proposal in the amount of $59,735.00 to perform the desired services, which included maintenance for 1,143 hydrants at $39.00/hydrant and flow testing for 286 hydrants at $53.00/hydrant. The Fiscal Year 2020/21 Annual Budget provides sufficient funds in the amount of $81,000 for Fire Hydrant Maintenance and Flow Testing in the Water Fund. The proposal would be included as an exhibit in the Village's standard professional services agreement. The proposed agreement with M.E. Simpson Co., Inc. is in compliance with the provisions of the Local Government Professional Services Selection Act as the Village has a satisfactory relationship for services established with M.E. Simpson Co., Inc. based upon their related work for the water main valve exercising and leak detection and previous fire hydrant preventive maintenance services. Staff recommended approval of the resolution to award a professional services agreement to the firm of M.E. Simpson Co., Inc. in the amount of $59,735.00 for fire hydrant maintenance and flow testing services and authorized execution by the Village Administrator. President Weppler asked for comments and questions and there were none.  BOARD OF TRUSTEES/June 23, 2020 Page 9 Trustee Johnson moved to approve the resolution approving a Professional Services Agreement with M.E. Simpson Co, Inc. for Fire Hydrant Maintenance and Flow Testing. Trustee Carey seconded. President Weppler asked for further comments or questions and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 20-R-82: A Resolution to Approve a Professional Services Agreement for Final Engineering for the Highlands Subdivision Flood Reduction Project President Weppler explained that the Highlands Subdivision, which consists of Ames Street, Burdick Street, Carter Street, Dawes Street, Drake Street, Crane Boulevard, Rockland Road and Garfield Avenue (a total 550-acre area), experiences chronic street flooding, and sometimes even structure flooding, during heavy rainfall events. The flooding can be attributed to the existing storm sewer system only having an intake and conveyance capacity of an approximate 2-year design storm, no available/safe overland flow routes once the sewer system capacity is exceeded and no available detention. The entire subdivision drains to the Charles Brown Reservoir, where a pumping station directs the discharge to the Seavey Ditch. The Village's Master Stormwater Management Plan contained a conceptual flood reduction project for the Highlands Subdivision, which included a larger receiving storm sewer system, on-site detention on a portion of Nicholas Dowden Park and possible flood-proofmg measures for some of the homes and properties that suffer the worst flooding. The total estimated overall cost for the proposed conceptual flood reduction project in 2018 dollars is $7,583,255. The FY 2020/21 Annual Budget included $1,084,160 in the Stormwater Fund for the final engineering of the proposed Highlands Subdivision Flood Reduction project. Staff requested a proposal from the firm of Christopher B. Burke Engineering, Ltd. (CBBEL), which is the same firm that prepared the Master Stormwater Management Plan and previous flood studies for the Highlands Subdivision. The proposal (scope of services) received from CBBEL is in the amount of $891,218 and included a further analysis of the recommended flood reduction project to possibly further increase benefits at minimal increased costs, the preparation of engineering drawings, specifications and a cost estimate, obtaining the required permits and providing assistance with the competitive contractor bidding process. The proposal would be included as an exhibit in the Village's standard professional services agreement. The agreement with CCBEL has been modified to specify that expenditures not exceed $200,000 for FY 2020/21 due to the current absence of a dedicated revenue source for stormwater improvements. The proposed agreement with CBBEL was in compliance with the provisions of the Local Government Professional Services Selection Act as the Village has a satisfactory relationship  BOARD OF TRUSTEES/June 23, 2020 Page 10 for services established with CBBEL based upon their related work on the Master Stormwater Management Plan, the Charles Brown Reservoir Restoration project and previous in-depth drainage studies for the Highlands subdivision. Staff recommended approval of the resolution to award a professional services agreement to the firm of Christopher B. Burke Engineering, Ltd. In the amount of $891,218 for the final engineering for the Highlands Subdivision Flood Reduction Project and authorized execution by the Village Administrator. President Weppler then asked for questions and comments and there were none. Trustee Adams moved to approve the resolution to approve a Professional Services Agreement for Final Engineering for the Highlands Subdivision Flood Reduction Project. Tmstee Johnson seconded. President Weppler asked for further comments or questions and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None PETITIONS AND COMMUNICATIONS President Weppler announced the following: • The Human Relations Committee will NOT meet on Wednesday, July 1,2020 • Village Hall and all non-emergency offices will be closed on Friday, July 3, 2020 for Independence Day • The Parks and Recreation Commission will meet virtually at 6:00 p.m. on Tuesday, July 7, 2020 • The Zoning Board of Appeals will meet virtually at 7:00 p.m. on Monday, July 13,2020 • The Committee of the Whole will meet virtually at 6:30 p.m. on Tuesday, July 14, 2020 • The Water and Sewer Committee will NOT meet on Tuesday, July 14, 2020 • The Village Board will meet virtually at 8:00 p.m. on Tuesday, July 14, 2020 President Weppler wished everyone a Happy 4th of July. Tmstee Moras noted the importance of the Pledge of Allegiance and the declaration of the principles of America. Administrator Kelly Amidei stated that Staff had been working on the governor's Phase 4 guidelines.  BOARD OF TRUSTEES/June 23, 2020 Page 11 EXECUTIVE SESSION President Weppler noted the need for the Board to meet in Executive Session for discussion of the following: Closed Session Minutes, Review [5 ILCS 120/2(c)(21)] Personnel: Appointment, employment, compensation, discipline, performance or dismissal of specific employees [5 ILCS 120/2(c)(l)] Trustee Garrity moved to go into Executive Session at 9:36 p.m., and Tmstee Moras seconded. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None ADJOURNMENT The Board returned to the regular meeting at 10:29 p.m., and with no further business to come before Village Board, Tmstee Carey moved to adjourn, and Trustee Moras seconded. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None Respectfully submitted, ..Qw&i 3>e SallVA. Kowsit Village Clerk