Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES November 24, 2020 Please Note: Meeting Conducted Virtually Due to Governor's Executive Orders #2Q20- 10,18,32,44,and 48 President Weppler noted that the declaration of emergency is still in effect and will be through the next Village Board meeting. President Weppler called to order a virtual meeting of the Board ofTmstees 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. Employee Recognitions President Weppler congratulated the following Village employees on their anniversaries: Crystin Gindorf- Five Years David Whitescarver - Fifteen Years ITEMS NOT ON THE AGENDA There were no items presented. 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. Omnibus Vote Agenda A. Minutes of the November 10, 2020 Village Board Meeting B. Bills for Approval C. Municipal Compliance Report and Tax Levy Request - Police and Fire Pension Funds D. RESOLUTION NO. 20-R-140: A Resolution to Approve a PACE Dial-A-Ride Agreement E. ORDINANCE NO. 20-0-98: An Ordinance Granting a Variation of Front Yard Setback (ZBA 20-21) at 228 N. First Street F. RESOLUTION NO. 20-R-141: A Resolution to Approve Amendment #1 to the Agreement with the Lake County Stormwater Management Commission for the Charles Brown Reservoir Restoration and Enhancement Project G. ARC Report 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.  BOARD OF TRUSTEES/November 24, 2020 Page 2 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 TAX LEVY PUBLIC HEARING - 2020 Tax Levy President Weppler stated that on November 10, 2020, the Village Board met as a Committee of the Whole to discuss the 2020 property tax levy. The Corporate levy funds fire protection, streets and bridges, recreation and parks, pensions, and other government services. Based upon review of several options, the Committee recommended a Corporate levy in the amount of $6,763,798. This represented a 2.989% increase over last year's extension. While not subject to a cap, the Tax Year 2020 proposed property tax levy for Special Recreation was $194,000. For General Obligation Bonds, the amount was $1,713,443 after abatements. During the November 10, 2020 Village Board meeting, the Board adopted Resolution 20- R-13 8 which formally estimated the total property taxes levied for Tax Year 2020 to be $11,334,433 and the estimated amount to be extended after debt service abatements to be $8,671,241. The impact on a $500,000 home is an approximately $18 (1.6%) increase compared to last year. The Village portion of a taxpayer's total property tax bill is about 9%. The Village also administers two special service areas (SSA's). The Timber Creek Special Service Area (SSA) was established to provide a funding mechanism to maintain outlets A, C and E, the directional sign, and the retention basins within the subdivision. At the Committee of the Whole meeting on November 10, 2020, the Village Board estimated a 2020 SSA tax levy for Timber Creek in the amount of $21,140. As there are no significant changes in expenses planned for the 2021-2022 Budget, the current levy amount would remain the same for tax year 2020. The fund balance in this fund is estimated to be $80,042 as of April 30, 2021. The Concord at Interlaken SSA was established to maintain the perimeter landscaping screening, fence, water detention basins, signage, and outlot A within this subdivision. At the Committee of the Whole meeting on November 10, 2020, the Village Board estimated a 2020 SSA tax levy for Concord at Interlaken in the amount of $23,040. As there are no significant changes in expenses planned for the 2021-2022 Budget, the current levy amount would remain the same for tax year 2020. This levy is assessed evenly on a per lot basis over the entire 90 lots in the subdivision as approved by the Village Board in November 1999. The fund balance in this fund is estimated to be $62,765 as of April 30, 2021.  BOARD OF TRUSTEES/November 24, 2020 Page 3 Since the Village's levy increase is not in excess of 105% of the previous year's extension, a Truth-in-Taxation hearing is not required by law. However, based on the past practice, the Village holds a public hearing concerning the proposed tax levy to allow taxpayers an opportunity to provide comments. Following the Public Hearing, staff prepared the appropriate ordinances adopting the Tax Year 2020 property tax levy for consideration at the December 8, 2020 Village Board Meeting. Information was provided with additional details about the tax levy process and other information that was considered in determining the proposed levy. President Weppler opened the Public Hearing at 8:11 p.m. and asked for any input. With no questions or comments, he closed the Public Hearing at 8:12 p.m. An ordinance will be prepared for the December 8, 2020 meeting. ORDINANCE NO. 20-0-99: An Ordinance Amending Sections 4-45 and 4-46 of the Libertyville Municipal Code Adopting a New G-2 Liquor License Classification President Weppler reported that Cindy Nennig, owner of CR Spa & Salon located at 530 B. N. Milwaukee Avenue, had requested a liquor license. She was proposing to have a MEAD Tasting Room which would allow for the sale of alcohol tastings and also for the sale of alcohol to go. This matter was referred to the License and Permits Committee for approval and it was unanimously recommended that a new G-2 Liquor License be created for approval by the Village Board. The ordinance presented would amend the Municipal Code and: (1) create a Class G-2 License for MEAD sales; and (2) increase the number of G-2 licenses to one, in order to allow President Weppler/Liquor Commissioner to then issue a Class G-2 Liquor License to CR Spa. President Weppler and Village Staff recommended approval of the ordinance. President Weppler then asked for questions or comments and there were none. Trustee Adams moved to approve the ordinance amending the Liquor Code to create a Class G-2 Liquor License and increase the number of Class G-2 Licenses. Trustee Justice 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 ORDINANCE NO. 20-0-100: An Ordinance Amending the Annual Fee Ordinance to Establish the Fee for Class G-2 Liquor License President Weppler explained that prior to the beginning of each fiscal year, the Village Board adopts an updated fee schedule for various municipal services.  BOARD OF TRUSTEES/November 24, 2020 Page 4 The current Municipal Code does not allow for a fee of the adoption of a Class G-2 Liquor License. The amendment to the Annual Fee Ordinance amended the fee schedule to include the fees associated with the cost of a G-2 liquor license. President Weppler asked for questions or comments and there was none. Tmstee Johnson moved to approve the ordinance to amend the Annual Fee Schedule of the Liberty ville Municipal Code. Trustee Moms 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 RESOLUTION NO. 20-R-142: A Resolution for Change Order No. 1 with Visu- Sewer of Illinois, LLC for the 2020 Sanitary Sewer Cleaning, Televising, and Lining Project President Weppler explained that on November 10, 2020, the Village Board approved a contract with Visu-Sewer of Illinois, LLC in the amount of $185,787.00 for cleaning, televising and sewer lining to be performed at various locations along the Village's sanitary sewer system. A change order was now proposed in order to take advantage of the extremely favorable unit price bids. The proposed change order would allow for additional sanitary sewer cleaning and televising to be performed within the Copeland Manor North Subdivision, which was not included in the original scope, in the not-to-exceed amount of $12,244.05. The FY 2020-21 Annual Budget has $250,000 available for the sanitary cleaning, televising and lining work in the Project Fund. This Change Order increased the total price of the contract to $198,031.05. Staff recommended approval of the Resolution for approval of Change Order No. 1 in the amount of $12,244.05 to the contract with Visu-Sewer Illinois LLC for the 2020 Sanitary Sewer Cleaning, Televising & Lining Project. President Weppler asked for questions and comments and there were none. Trustee Carey moved to approve the resolution for Change Order No. 1 with Visu-Sewer of Illinois, LLC, 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, Garrity, and Carey NAYS: None  BOARD OF TRUSTEES/November 24, 2020 Page 5 ORDINANCE NO. 20-0-101: An Ordinance to Approve a First Amendment to an Antenna Site Lease Agreement for 1532 Artaius Parkway President Weppler explained that the Village has several lease agreements with wireless carriers in which rent is received as a form of payment to allow certain wireless communication antennas and equipment to be located on public property. The Village was approached by SBA Steel LLC ("SBA Steel") on behalf of Nextel Communications, a provider of shared communications infrastructure to extend an existing agreement with the Village for 1532 Artaius Parkway, which is the location of the Wastewater Treatment Plant. The Village originally entered into an agreement on January 16, 2001, for a term of 20 years. In exchange for allowing the infrastructure on public property the Village was paid an initial fee of $15,000 plus $2,000/month in rent, with an annual escalator of 4%. The Village received a proposal to extend the agreement in the fall of 2019. The proposal was presented to the Finance Committee in October of 2019 with the understanding that the extension was under the same terms and conditions of the original agreement. The Finance Committee directed staff to work with SBA Steel to obtain a formal agreement. Upon requesting the agreement SBA Steel added two terms and conditions that were not previously discussed. The terms were a right of first refusal and a restriction on other cell towers or providers on the land. These new terms and conditions were presented to the Finance Committee in June of 2020. The Finance Committee concurred with staffs recommendation not to accept the restriction on other cell towers or providers on the land and to limit the right of first refusal to only offers from any company or its affiliates engaged in the business of owning, operating or maintaining wireless communications facilities. Over the last few months, the Village Attorney worked with SBA Steel to come to an agreement on the new terms. Provided below is a summary of the terms: • Five automatic renewals of five years each (total of 25 Years) • Currently the monthly amount received is $4,213 with a 4% annual escalator (Original contract amount of $2,000/month with a 4% annual escalator). The extension of the agreement will include an additional $350/month and an upfront payment for the renewal contract of $10,000 • Right of first refusal on offers from any company or its affiliates engaged in the business of owning, operating or maintaining wireless communications facilities SBA Steel agreed to remove any language regarding restrictions on other cell towers or providers on the land. Per State law, a notice of intent to adopt the ordinance for consideration was published in the newspaper on November 5, 2020. Staff recommended approval of the ordinance to approve a first amendment to an Antenna Site Lease Agreement for 1532 Artaius Parkway and authorize execution by the Village Administrator. President Weppler asked for questions or comments and there were none.  BOARD OF TRUSTEES/November 24, 2020 Page 6 Trustee Garrity moved to approve a First Amendment to an Antenna Site Lease for 1532 Artaius Parkway, and 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, Moras, Justice, Adams, Garrity, and Carey NAYS: None ORDINANCE NO. 20-0-102: An Ordinance Waiving Bids for the Purchase of Thermal Imagining Cameras President Weppler explained that the Libertyville Fire Department applied for and received a 2019 Assistance to Fireflghters Grant from the Federal Emergency Management Agency (FEMA) to purchase six (6) Thermal Imaging Cameras. The grant awarded to the Libertyville Fire Department was in the Amount of $53,220.00 with a 90% Federal share $48,381.82 and a 10% Village share $4,838.18. Currently, the Fire Department has four thermal imaging cameras. The four current cameras, which are at end of life, are Bullard Thermal Imaging Cameras. The Department has found Bullard cameras to be durable, easy to use and carry, have excellent resolution and carry a 5-year manufacturer's warranty and are recommended for purchase. Bullard Cameras are only sold through regional vendors, and Dinges Fire Company is the regional vendor for Bullard Thermal Cameras. Staff recommends waiver of formal bidding and awarding a contract to purchase six Bullard Thermal Imaging cameras from Dinges Fire Company in the amount of $49,120.00. President Weppler asked for questions and comments. Village Administrator Kelly Amidei explained that two of the department's thermal cameras do not work, and two cannot be repaired. Trustee Johnson moved to approve the ordinance waiving bids for the purchase for thermal imagining cameras. 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 CONSIDERATION OF A RESOLUTION Approving an Amended Declaration of Covenants for the Butterfield Square Shopping Center Planned Development President Weppler explained that the owners of the Butterfield Shopping Center have requested that the Village authorize their request to remove the 'Old World' architectural theme requirement from their Declaration of Covenants which impact all of the structures  BOARD OF TRUSTEES/November 24, 2020 Page 7 within the shopping center. Removing the requirement would allow the Center to request revised design for future projects. An example was the current renovation of the McDonalds at the site. Staff noted that all stmctures within the Planned Development would be required to go to the Plan Commission public hearing process to Amend the Special Use Permit for the Planned Development if they sought architectural changes that would impact the 'Old World' facade design to any building in the Butterfield Square shopping center. Attached was the draft resolution and draft amendment to the Butterfield Square Declaration of Protective Covenants that would allow deletion of the Old World-Style Architectural Theme requirement from the Covenants in its entirety. Staff recommended approval of the Resolution. President Weppler then asked for questions and comments. President Weppler and Trustees discussed the changes to the covenants. Attorney for McDonald's, Jim Olguin, expressed concern that although McDonald's went through the process required for remodeling, if the covenants remain, McDonald's would not be abiding by the theme requirements. Village Attorney Hart Passman explained that as written, covenants would be eliminated. He suggested amending or revising the ordinance and giving Staff time to make those changes. President Weppler deferred the item and referred the matter to Village Staff and attorneys to rework. Attorney Olguin agreed. A RECOMMENDATION FOR THE ROCKLAND ROAD BRIDGE - Recommended Aesthetic Railing and Lighting Treatment Design President Weppler noted that the Rockland Road bridge is nearing the end of its useful service and was scheduled for full replacement in either 2023 or 2024. The Village and the Libertyville Township Road District, who are co-owners of the bridge, are able to utilize Federal Bridge Rehabilitation funds for the replacement of the bridge. The funding will cover 80% of the eligible engineering design and construction costs. The bridge had a decorative "army" green steel tmss that had to be removed a few years ago due to its badly deteriorated condition and the possibility that it could fail and damage the rest of the bridge. The truss was only an aesthetic feature and did not offer any structural support for the bridge. Its replacement would not be covered by the Federal Bridge funding. Village Staff, the Libertyville Township Highway Commissioner, and bridge designers Civiltech developed several aesthetic railings and lighting options that are anticipated to be covered by the Federal funding and retain the historical intent of the steel truss. These aesthetic treatment alternatives were presented at the two Public Information meetings that were held in October of this year. The consensus among attendees, project stakeholders, the Libertyville Township Highway Commissioner, Civiltech, and Village Staff was a "hybrid" of Alternative 3 that will consist of an IDOT aesthetically enhanced  BOARD OF TRUSTEES/November 24, 2020 Page 8 concrete railing, "army" green Sternberg dimly lit (i.e. an unobtrusive glow) bollards and "downward" lighting for the sidewalk and travel lanes, which will be embedded into the railing at the bollard locations. This item was previously discussed at tonight's Streets Committee meeting. Staff requested the Board's concurrence with the recommended aesthetic railing, bollards, and lighting for the new Rockland Road bridge at this time in order for the project to stay on schedule and proceed with the completion of the preliminary engineering phase. The Board discussed the timeline for the project. Trustee Johnson moved to approve the recommendation for the Rockland Road Bridge Aesthetic Railing and Lighting Treatment Design, 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 PETITIONS AND COMMUNICATIONS President Weppler announced the following: • The Village Hall and all Village non-emergency offices will be closed on Thursday, November 26th and Friday, November 27th, 2020 due to the Thanksgiving holiday. • The annual Tree Lighting Ceremony will be held virtually at 6:30 p.m. on Friday, November 27, 2020. Please visit www.libertyville.com/treelighting. • The Parks and Recreation Committee will NOT meet at 6:00 p.m. on Tuesday, December 1,2020. • The Human Relations Commission will meet virtually at 5:00 p.m. on Wednesday, December 2, 2020. • The Finance Committee/Committee of the Whole will meet virtually at 7:00 p.m. on Tuesday, December 8, 2020. • The Village Board will meet virtually at 8:00 p.m. on Tuesday, December 8, 2020. President Weppler reminded everyone of the upcoming Santa parades. Administrator Amidei noted that the Human Resources Commission meeting was cancelled.  BOARD OF TRUSTEES/November 24, 2020 Page 9 Trustee Garrity asked for an update on the removal of downtown light poles. Director of Public Works Paul Kendzior explained that about 10 poles would require replacement due to deterioration. ADJOURNMENT With no further business to come before Village Board, Tmstee Johnson moved to adjourn at 8:58 p.m., and Trustee Moras seconded. The motion carried on roll call vote as follows: AYES: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None Respectfully submitted, '-^t :i'^4^ L^Z^ , l)<lf^ uc^ / I y \ / SalTy A. K^wal-7 Village Clerk