Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES August 11, 2020 Please Note: Meeting Conducted Virtually Due to Governor's Executive Orders #2020-10, 18, 32, 44 & 48 President Weppler called to order a virtual meeting of the Board of Trustees at 8:00 p.m. Those present were: President Terry Weppler, Trustees Donna Johnson, Richard Moras, Jay Justice, Scott Adams, Peter Garrity, and Patrick Carey. ITEMS NOT ON THE AGENDA President Weppler asked if anyone had anything to bring before the Village Board that was not already listed on the agenda. There were no items. OMNIBUS VOTE AGENDA President Weppler introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion. He removed Item 3T for separate discussion. Omnibus Vote Agenda Omnibus Vote Agenda A. Minutes of the July 28, 2020 Village Board Meeting B. Bills for Approval C. RESOLUTION NO. 20-R-100: A Resolution Appointing Commission Members to Various Village Commissions D. ORDINANCE NO. 20-0-58: An Ordinance Authorizing the Sale of Personal Property Owned by the Village of Liberty ville E. ORDINANCE NO. 20-0-59: An Ordinance Amending Section 2-94(d)( 10) of the Libertyville, Illinois Municipal Code Pertaining to the Purchasing Authority of the Village Administrator F. ORDINANCE NO. 20-0-60: An Ordinance Granting Variations of Rear Yard and Side Yard Setbacks (ZBA 20-12) - 140 Sunnyside Place G. ORDINANCE NO. 20-0-61: An Ordinance Granting a Variation for Lot Coverage (ZBA 20-14) - 140 Sunny side Place H. ORDINANCE NO. 20-0-62: An Ordinance Granting Concept Approval of an Amendment to the Village of Liberty ville Comprehensive Plan Future Land Use Map (PC 20-08) - 1800, 1850 and 1950 N. US Highway 45 I. ORDINANCE NO. 20-0-63: An Ordinance Granting Concept Approval of an Amendment to a Special Use Permit for a Planned Development (PC 20-09) - 1800, 1850 and 1950 N. US Highway 45  BOARD OF TRUSTEES/August 11, 2020 Page 2 J. ORDINANCE NO. 20-0-64: An Ordinance Granting Concept Approval of an Amendment to the Planned Development Final Plan (PC 20-10) - 1800, 1850 and 1950 N. US Highway 45 K. ORDINANCE NO., 20-0-65: An Ordinance Granting Concept Approval of an Amendment to the Special Use Permit for a Sports and Entertainment Complex (PC 20-11) - 1800, 1850 and 1950 N. US Highway 45 L. ORDINANCE NO. 20-0-66: An Ordinance Granting Concept Approval of an Amendment to the Site Plan Permit (PC 20-12) - 1800, 1850 and 1950 N. US Highway 45 M. RESOLUTION NO. 20-R-101: A Resolution Approving a Preliminary Plat of Subdivision (PC 20-13) - 1800, 1850 and 1950 N. US Highway 45 N. ORDINANCE NO. 20-0-67: An Ordinance Granting Concept Approval of an Amendment to the Comprehensive Plan Future Land Use Map (PC 20-14) - 1800, 1850 and 1950 N. US Highway 45 0. ORDINANCE NO. 20-0-68: An Ordinance Granting Concept Approval of an Amendment to the Planned Development Final Plan (PC 20-15) - 1800, 1850 and 1950 N. US Highway 45 P. RESOLUTION NO. 20-R-102: A Resolution Approving a Preliminary Plat of Subdivision (PC 20-16) - 1800, 1850 and 1950 N. US Highway 45 Q. ORDINANCE NO. 20-0-69: An Ordinance Granting Concept Approval of an Amendment to the Comprehensive Plan Future Plan Use Map (PC 20-17) - 1800, 1850 and 1950 N. US Highway 45 R. ORDINANCE NO. 20-0-70: An Ordinance Granting Concept Approval of an Amendment to the Planned Development Final Plan (PC 20-18) - 1800, 1850 and 1950 N. US Highway 45 S. RESOLUTION NO. 20-R-103: A Resolution Approving a Preliminary Plat of Subdivision (PC 20-16) - 1800, 1850 and 1950 N. US Highway 45 T. RESOLUTION NO. 20-R-104: A Resolution Approving a Special Event - Reclaimed Artisans Trustee Johnson moved to adopt the items A-S 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. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None  BOARD OF TRUSTEES/August 11, 2020 Page 3 Omnibus Item 3T. Consideration of a Resolution Approving a Special Event - Reclaimed Artisans President Weppler asked the event organizer, Eric Struif, to explain how the event would be organized. Mr. Struif explained that foot traffic would be in one direction with social distancing. Vendors would have one tent space between them. Masks would be required, and numbers would be limited to 50 or fewer. The entry would be manned throughout the event. Mr. Struif agreed with President Weppler that serving food and drinks could be an issue. Board Members concurred. Mr. Struif agreed that no food or drinks would be served. Trustee Johnson moved to approve Item 3T, and Trustee Garrity 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, Garrity, and Carey NAYS: None REPORT OF THE ZONING BOARD OF APPEALS - ZBA 20-18, Variation to Increase Lot Coverage - 512 Ames Street President Weppler noted that at the meeting of July 27,2020, the Zoning Board of Appeals heard a request from the owners of 512 Ames Street to replace a patio and walkway. Members noted that the petitioners would offset the new lot coverage by removing the existing patio, existing walkway, and the existing concrete court located in the rear yard thereby yielding a net reduction in lot coverage from the existing lot coverage. Motions to recommend Village Board of Trustees approval passed with votes of 5 - 0. President Weppler asked for questions or comments. Property owner Evan Giacchino was available virtually to answer questions. Trustee Johnson moved to approve the variation to increase lot coverage. 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, Garrity, and Carey NAYS: None REPORT OF THE ZONING BOARD OF APPEALS - ZBA 20-19, Variation of Front Yard and Corner Side Yard Setbacks - 752 Thomas Court President Weppler explained that at the meeting of July 27, 2020, the Zoning Board of Appeals heard a request from the property owner of 752 Thomas Court to construct a house addition to their single family, ranch-style residence. Members reviewed the current  BOARD OF TRUSTEES/August 11, 2020 Page 4 Zoning Code regulations which require a 40 foot setback from both the front and comer side yards in the R-3, Single Family Residential District. However, the subject property located in the Paradise Park Estates subdivision was platted with 60 foot setbacks for both the front and comer side yards. Motions to recommend Village Board of Trustees approval passed with votes of 5 - 0. President Weppler asked for questions or comments. Property owner Matthew Moodhe was available virtually to answer questions. Trustee Adams moved to approve the variations of front yard and comer side yard setbacks. 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, Garrity, and Carey NAYS: None REPORT OF THE APPEARANCE REVIEW COMMISSION - Request for a Major Adjustment to the Planned Development Final Plan - 1801 N. Butterfield Road President Weppler introduced a major adjustment to the previously approved Pharma Logistics Planned Development Final Plan in order to install signage for the property located at 1801 N. Butterfield Road. The scope of work included one new building wall sign, one new monument sign, two new directional signs, and one refaced monument sign. The existing freestanding sign would be refaced, the new wall sign was proposed along the north side of the building to be seen from Peterson Road, and the other directional signs would be placed on the internal roadways. Per the Zoning Code, the maximum gross sign area shall not exceed 32 square feet. The proposed wall sign measured to be at 271.65 square feet. Staff is concerned about the size of the wall sign and the precedent it might set throughout the Village. The Appearance Review Commission reviewed and recommended approval of the signage proposal at their July 20, 2020 meeting, subject to the following condition: 1) Center the sign between the two-color bands. The Board of Trustees may grant approval for a major adjustment to the Final Plan upon finding that any changes in the Final Plan as approved will be in substantial conformity with the previously approved Planned Development Final Plan. If the Board of Trustees determines that a major adjustment to the Final Plan is not in substantial conformity with the Final Plan as approved, then the Board of Trustees shall refer the request to the Plan Commission for further consideration and review. The Appearance Review Commission recommended the Village Board approve the request for the Major Adjustment to the Planned Development Final Plan in order to install signage and schedule the adoption of the associated ordinance at their next regularly scheduled meeting. President Weppler asked for questions and comments. Jim Rundle,  BOARD OF TRUSTEES/August 11, 2020 Page 5 representative for Forever Land Company, LLC, was available virtually to answer questions. Trustee Johnson objected to the size of the sign and asked if a middle ground could be achieved. Trustee Garrity stated that cumulatively, the square footage is high. Mr. Rundle stated that his client wants the largest sign possible, and he added that neighboring municipalities allow for larger square footage. President Weppler asked Director of Community Development John Spoden what the Village has allowed in the past. Director Spoden stated that between 170-175 square feet have been approved. President Weppler agreed that 32 square feet is small and suggested that the Plan Commission review the matter. Tmstees Johnson and Garrity concurred. President Weppler suggested that the matter be deferred until the next meeting to allow for investigation of other signs and review of the history of permitted signs. Trustee Adams noted that the building is low which makes it difficult to see, and it is also far from the road. Trustee Johnson moved to defer the item until the next meeting, and Trustee Adams seconded. President Weppler asked for further Board or public comment. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moms, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 20-R-105: A Resolution Authorizing the Acceptance of the April 30, 2020 Comprehensive Annual Financial Report President Weppler explained that annually, as prescribed by State statute, the Village hires an independent licensed firm of certified public accountants to review its year-end financial statements. The process is now complete, and the auditor has rendered an "unmodified opinion", meaning that the Village's year-end financial statements present fairly, in all material respects, the Village's year-end financial position. Jamie Wilkey of the accounting firm Lauterbach and Amen, LLP was in virtual attendance at the Village Board meeting to present the Village's April 30, 2020 Comprehensive Annual Financial Report (CAFR). For the fiscal year ended April 30, 2019, the Village earned the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Award. The achievement of this award ensures that the CAFR goes beyond the minimum requirements of generally accepted accounting principles to include comprehensive annual financial reports that display the spirit of transparency and full disclosure. The Village intends to submit the April 30, 2020 CAFR for consideration as part of the Certificate of Achievement for Excellence in Financial Reporting Award. Staff recommended that the Village Board formally accept the Comprehensive Annual Financial Report for the fiscal year ended April 30, 2020. President Weppler introduced  BOARD OF TRUSTEES/August 11, 2020 Page 6 Jamie Wilke. Ms. Wilkey noted a clean audit and thanked the Finance Director and all Finance Staff for their work, noting completion of reports well in advance of deadline. Trustee Moras also thanked the Finance Staff for their consistent, hard work. Tmstee Moras moved to approve the resolution authorizing the Acceptance of the April 30, 2020 Comprehensive Annual Financial Report. 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, Garrity, and Carey NAYS: None REPORT OF THE HISTORIC PRESERVATION COMMISSION - HPC 19-05, Certificate of Appropriateness - 708 N. Milwaukee Avenue President Weppler noted that on September 16, 2019 and October 28, 2019, the Historic Preservation Commission held public meetings 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 Appropriateness was required prior to demolition and the Commission must hold a public meeting and make a recommendation to the Village Board of Trustees. The proposal before the Village is 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 is to demolish the structure and not construct a new building at this time 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 decision of the Village Board is not final and will call for the applicant to file a petition for a Certificate of Economic Hardship. If such a petition is received, the Village Board may refer the request back to the Historic Preservation Commission for review and recommendation. President Weppler then asked for questions and comments. David Meeks, attorney for Rhyan Holdings, LLC, stated that his client did not agree with the Historic Preservation recommendation. He added that they were prepared to provide a  BOARD OF TRUSTEES/August 11, 2020 Page 7 petition for a Certificate of Economic Hardship. Trustee Johnson stated that she had no objection to the petition. Trustee Moras stated that the preservation was part of the issue, but more importantly, a good business case was needed for a use other than green space. President Weppler asked if the building were torn down, would there still be parking available, Mr. Meeks stated that parking would remain until a viable plan was accepted. Letters from residents concerning the demolition were read into the record by the Village Administrator and Deputy Administrator from the following: Gary Schlessinger, Michael Kollman, Don Petulo, Matthew Hickey, Philip Bock, Kyle Cashman, and Barbara Wilcox. Attorney Meeks noted that any new or renovated project would have to comply with Village standards. Trustee Johnson moved to accept the Historic Preservation Commission’s recommendation (HPC 19-05), and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 20-R-106: A Resolution Provisionally Denying a Request for Certificate of Appropriateness for Demolition President Weppler explained that 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 (HPC) was to deny the request. As a result, if the Village Board chooses to accept the recommendation of the HPC the denial will be by resolution outlining the Village Board’s action. If the Village Board concurs with the recommendation to deny the Certificate of Appropriateness, and approves the resolution, the decision of the Village Board is not final and will call for the applicant to file a petition for a Certificate of Economic Hardship. If such a petition is received, the Village Board may refer the request back to the Historic Preservation Commission for review and recommendation. Trustee Johnson moved to approve a resolution provisionally denying the request for Certificate of Appropriateness for Demolition, and Trustee Moras seconded. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None  BOARD OF TRUSTEES/August 11, 2020 Page 8 PUBLIC HEARING Regarding Vacation ofUnimproved Alley President Weppler noted that the Village recently received a request from Dan Yachnin of 420 Meadow Lane to install a fence along a portion of the unimproved alley located behind his property (8ft. by 50ft.). Staff recommended that the Village vacate the right-of-way behind Mr. Yachnin's house since the Village has no future need for the alley right-of-way, and all the homes in this neighborhood have been built with garage and driveway access off of the main street rather than any future potential access in the rear alleyway. The Village code provides a process for vacations, which includes a Public Hearing, along with an appraisal of the property and payment of the appraised value of the property to the Village. The Village code also allows the Village Board to waive the appraisal and payment requirements. Since these types of vacations will go back to the property owners to maintain and will be subject to property taxes, Staff recommended that the Village Board waive the appraisal and payment requirements and have the homeowner remit the $200.00 alley vacation fee. The Village Staff and Village Attorney recommended that President Weppler and Village Board open the Public Hearing for comments, and then close the Public Hearing and direct Staff to prepare an Ordinance vacating the subject property. President Weppler opened the Public Hearing at 9:08 p.m. for discussion of the vacation. There were no questions or comments, so President Weppler closed the Public Hearing at 9:09 p.m. ORDINANCE NO. 20-0-71: An Ordinance Vacation of a Portion ofUnimproved Alley at 420 Meadow Lane President Weppler introduced the ordinance regarding the request from Dan Yachnin at 420 Meadow Lane for permission to install a fence along a portion of the unimproved alley located behind his property (8ft. x 50ft.). The Village Board determined to vacate the unimproved rights of way as the Village no longer needs the property. The Village Board held a Public Hearing on August 11, 2020 regarding the proposed request and directed the staff to prepare an ordinance authorizing the vacation of the unimproved alley adjacent to 420 Meadow Lane. Village Staff recommended approval of the Ordinance, subject to Mr. Yachnin reimbursing the Village for the costs of the Public Hearing Notice and Recordation of this Ordinance. President Weppler asked for questions. Responding to Trustee Johnson's question, Village Administrator Amidei stated that one fee of $200 would be paid to the Village. Trustee Adams moved to approve the ordinance vacating a portion ofunimproved alley at 420 Meadow Lane. 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, Garrity, and Carey NAYS: None  BOARD OF TRUSTEES/August 11, 2020 Page 9 RESOLUTION NO. 20-R-107: A Resolution to Approve Amendment No. 1 to the Construction Engineering Services Agreement with Civiltech Engineering, Inc. for the Rockland Road Reconstruction Project President Weppler explained that the Village Board previously approved an Engineering Services Agreement with Civiltech Engineering, Inc. to provide construction management services for the Rockland Road Reconstruction project at their February 26, 2019 meeting. The original contract amount was for $706,868, with the Village being responsible for $141,374 (20%) and able to seek reimbursement for $565,494 (80%) due to the project being awarded Federal STP funding. The project specifications initially called for a shutdown of construction activities through the winter season, which was taken into account as part of Civiltech's original contract scope. However, the Contractor was unable to complete the entirety of the utility work that was originally planned for within the first half of the project, which required them to start the second half of the project much sooner than anticipated and thus required Civiltech to provide additional oversight services. Civiltech identified that their original scope of services and fees had been exhausted due to these additional needs. Therefore, they have presented the Village with Amendment No. 1 to the original Engineering Services Agreement to provide the necessary additional services for construction management through project completion in the amount of $206,911. The Village would be responsible for 100% of these fees, as the originally approved federal funding allocation has already been exhausted for this project. This item was discussed at the Streets Committee meeting on July 28, 2020, at which the Committee unanimously voted in favor of approving the Amendment. Staff recommended approval of the Resolution to approve Amendment No. 1 to the Construction Engineering Services Agreement with Civiltech Engineering, Inc. and authorized execution by the Village Administrator. President Weppler noted that there had been overall savings. Director of Public Works Paul Kendzior stated that more than $300,000 had been saved to offset the construction management. He also explained that work had slowed as they awaited delivery oftopsoil, and the project is ahead of schedule. Trustee Johnson moved to approve the resolution to approve Amendment No. 1 to the Construction Engineering Services Agreement, and Trustee Garrity seconded. President Weppler asked for further questions. Resident Fred Schneider asked for explanation of the overrun. Director Kendzior explained that the Illinois Department of Transparency requires extensive paperwork for the 80% funding received. He added that two lanes should be open a couple of weeks after Labor Day. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey  BOARD OF TRUSTEES/August 11, 2020 Page 10 NAYS: None PETITIONS AND COMMUNICATIONS Administrator Amidei explained that 36 homes were still without power after the storm earlier in the week. She added that there would be no pickup of branches unless the damage was with parkway trees. Then residents should contact the Village. President Weppler announced the following: • The human Relations Commission will meet virtually at 5:00 p.m. on Wednesday, August 12, 2020 • The Firefighters Pension Fund Board will meet at 8:30 a.m. on Monday, August 17,2020 • The Historic Preservation Commission will meet virtually at 5:00 p.m. on Monday, August 17, 2020 • The Appearance Review Commission will meet virtually at 7:00 p.m. on Monday, August 17, 2020 • The Parking Commission will NOT meet at 10:00 a.m. on Tuesday, August 18, 2020 • The Economic Development Commission will meet virtually at 7:30 a.m. on Wednesday, August 19, 2020 • The Sustain Liberty ville Commission will meet virtually at 4:00 p.m. on Wednesday, August 19, 2020 • The Parks and Recreation Advisory Commission will meet virtually at 3:00 p.m. on Thursday, August 20, 2020 • The Plan Commission/Zoning Board of Appeals will meet virtually at 7:00 p.m. on Monday, August 24, 2020 • The Streets Committee will NOT meet virtually at 7:00 p.m. on Tuesday, August 25,2020 • The Committee of the Whole/Finance Committee will meet virtually at 7:00 p.m. on Tuesday, August 25, 2020 • The Village Board will meet virtually at 8:00 p.m. on Tuesday, August 25, 2020 Tmstee Garrity asked for clarification on the schedule for the Bicycle Commission, and Administrator Amidei said she would follow up. He also thanked the Finance team for the clean audit.  BOARD OF TRUSTEES/August 11, 2020 Page 11 EXECUTIVE SESSION President Weppler noted the need for the Village Board to meet in Executive Session for discussion of the following: Real Estate: Setting Price for Sale/Lease [5 ILCS 120/2(c)(6)] Trustee Johnson moved to go into Executive Session at 9:27 p.m. Trustee Adams seconded, and the motion carried on roll call vote as follows: AYES: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None ADJOURNMENT The Board returned to the regular meeting, and with no further business, Tmstee Johnson moved to adjourn at 9:47 p.m., and Trustee Carey seconded. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None Respectfully submitted, }fAf^^.im6^ ,^y^WL SalhcA^. Kowal Village Clerk