Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES March 23, 2021 Please note that the Meeting was Conducted Virtually due to Governor's Executive Orders #2020-10, 18, 32, 44, and 48. President Weppler noted that the Disaster Declaration is still in effect and will be until the next Village Board Meeting. President Weppler called to order a meeting of the Board of Trustees at 8:00 p.m. via Go to Meeting. Those present were: President Terry Weppler, Trustees Donna Johnson, Richard Moras, Jay Justice, Scott Adams, Peter Garrity, and Patrick Carey. EMPLOYEE RECOGNITION President Weppler congratulated Sergio Delao on his 10th anniversary with the Liberty ville Police Department. ITEMS NOT ON THE AGENDA President Weppler asked if anyone had an item 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. Omnibus Vote Agenda A. Approve Minutes of the March 9, 2021 Meeting B. Approval of Bills C. ORDINANCE NO. 21-0-08: An Ordinance Declaring Surplus Property D. RESOLUTION NO. 21-R-31: A Resolution Approving the Purchase of a Storage Area Network (SAN) and Server from CD-WG E. RESOLUTION NO. 21-R-32: A Resolution to Purchase a Replacement Fire Department Administration Ford Interceptor Vehicle F. RESOLUTION NO. 21-R-33: A Resolution Declaring a Surplus of Tax Increment Financing Funds G. RESOLUTION NO. 21-R-34: A Resolution to Approve Change Order No. 1 to the Contract with MAG Construction Co. for the Garfield Avenue Well Rehabilitation Project H. HPC Report I. ARC Report J. ORDINANCE NO. 21-0-09: An Ordinance Waiving Enforcement of Certain Sections of the Liberty ville Zoning Code During Phase 4 of the State of Illinois RESTORE ILLINOIS PLAN K. ORDINANCE NO. 21-0 10: An Ordinance Renewing the 180 Day "Use Period" for Temporary Tents  BOARD OF TRUSTEES/March 23, 2021 Page 2 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. 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: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None REPORT OF THE APPEARANCE REVIEW COMMISSION - Request for an Amendment to the Planned Development Final Plan - Hollister, Inc., Applicant, 2000 Hollister Drive President Weppler explained that Hollister Inc. requested an Amendment to the Planned Development Final Plan in order to construct a driveway connection to existing driveways, install security gates, a guard booth and private traffic directional signage for property located in an 0-2, Office Manufacturing and Distribution Park District at 2000 Hollister Drive. The proposed scope of work was intended to add vehicular access control to enhance overall safety and security for the property. The 2000 Hollister Drive property was developed as part of a Planned Unit Development and Specific Implementation Plan in 1979. As the currently proposed driveway extension, security gates, guard booth and additional private traffic directional signage were not contemplated in the 1979 Planned Development, an Amendment to the Planned Development Final Plan shall require Village Board approval prior to issuing permits for construction for any of the proposed scope of work. An Amendment to the Planned Development Final Plan was considered directly by the Village Board of Trustees. If the Village Board concurs with the request, an ordinance would be drafted for adoption at the next meeting. In the alternative, if the Village Board determines that the proposal is not in substantial conformity with the Final Plan as approved, the matter can be referred to the Plan Commission for hearing and recommendation. President Weppler asked for questions and comments. Mr. Scott Pupino, representing Hollister Incorporated, stated that there were concerns with driving on the walkway, and the proposed work would enhance security. He added that all work would be 400 feet offofHollister Drive. Trustee Adams moved to approve the Amendment to the Planned Development Final Plan, and Trustee Moras seconded. President Weppler asked for further questions or comments and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None An ordinance will be drafted for adoption at the next Village Board meeting. REPORT OF THE ZONING BOARD OF APPEALS (ZBA 21-03), Variation of Side Yard Setback, Saegene Jung and Melissa Goldberg, Applicants, 742 E. Lincoln Ave. President Weppler introduced a request from the property owners of 742 E. Lincoln Avenue who requested a side yard setback variation for a previously constructed detached garage. The former property owner had received a building permit for a Code compliant garage at this site. The contractor had located the garage in the setback and had proceeded with framing without submitting a spot-in survey to the Village. The resultant garage is located 3.77 feet of the side yard setback instead of the required five (5) feet. Public hearings were held before the Zoning Board of Appeals on February 8, 2021 and March 8, 2021. Members worked with the property owners to eliminate a request for a lot coverage variation during the hearings. At the conclusion of the hearings, the Zoning Board of Appeals voted 6 - 1 to recommend Village Board of Tmstees approval of the requested side yard setback variation. President Weppler asked for questions and comments. Mr. Saegene Jung was present and thanked the ZBA for offering good suggestions to resolve the issue. Trustee Moras moved to approve the variation of side yard setback at 742 E. Lincoln. Trustee Carey seconded. 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 21-04), Variation of Corner Side Yard Setback, Lawrence and Christine Genge, Applicants, 811 S. Fifth Street President Weppler explained that at the meeting of March 8, 2021, the Zoning Board of Appeals heard a request for corner side yard setback variations to reconstruct a retaining wall, front stoop, and steps at this site. Members of the Zoning Board of Appeals noted that the variations were necessary due to the height of the front door in relation to the grade of the driveway. Motions to recommend Village Board ofTmstees approval passed with votes of 7 - 0. President Weppler asked for questions and comments. Mr. Genge was available to answer questions. He stated that the retaining wall had cracked, the stoop was too small, and the stairs were falling. Trustee Garrity moved to approve the variation of comer side yard setback at 811 S. Fifth Street, and Trustee Moras seconded. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None ORDINANCE NO. 21-0-11: An Ordinance Approving an Update to the Village of Libertyville Comprehensive Plan (2030 Plan) President Weppler introduced an ordinance that would approve an update to the Village of Libertyville Comprehensive Plan. The Village Board approved a request at their February 23,2021 meeting with the understanding that an ordinance would be drafted for the Village Board to approve at their March 23, 2021 meeting. Staff recommended the Village Board approve the ordinance. President Weppler asked for comments and questions and there were none. Trustee Justice moved to approve the ordinance approving an update to the Village of Libertyville Comprehensive Plan. Trustee Carey seconded. President Weppler asked for further discussion and there was none. The motion carried on roll call vote as follows: AYES: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None Public Hearing - Proposed FY 2021-2022 Budget President Weppler explained that pursuant to the requirements of the Illinois Municipal Code (65 ILCS 5/8-2-6), the Village of Libertyville is required to hold a public hearing prior to the adoption of its annual budget. In compliance with the Act, notice of the hearing was published in the Daily Herald on March 11, 2021. The proposed Fiscal Year 2021-2022 budget was made available for public inspection on February 19, 2021 on both the Village's website and at the Village Hall. Virtual budget review workshops were held by the Village Board on March 6 and March 9, 2021. These virtual workshop meetings were open to the public and properly noticed in compliance with the Illinois Open Meetings Act (5 ILCS 120). The highlights of the FY 2021-2022 budget include: • Revenue for all appropriated funds totaling $66,100,964, a decrease of $399,653, or 0.6% compared to the FY 2020-2021 budget. The gross increase in revenue for debt-funded capital projects is ultimately offset by the expected continued disruptions to regular revenue streams as a result of the COVID-19 pandemic. • Non-capital expenditures and transfers for all appropriated funds of $50,762,814, a decrease of $227,454 or 0.4% compared to the FY 2020-2021 budget. The net operating budget is balanced across all appropriated funds in aggregate; however, due to the ongoing COVID- 19 pandemic, certain individual funds are not in balance and require support from fund balance reserves due to lower than expected revenues. • Capital investment in community infrastructure totaling $ 16,3 92,9 17 an increase of $5,079,081 or 44.9% compared to the FY 2020-2021 budget.  • The property tax impact of the proposed budget will be a $15 annual increase in the Village portion of a typical resident's property tax bill (9%). The average resident will pay $52 more in traditional utility charges annually due to planned increases of 3% for water service and 5% for sewer service. If a stormwater utility fee is enacted, an average residential customer will pay $156 on an annualized basis beginning in September 2021. During the budget review meetings, the Village Board provided direction to staff to investigate the feasibility of a payment to the Adler Arts Center for the maintenance of The Woods at Adler. Staff will be bringing a recommendation related to this topic to a future Special Projects committee meeting. The proposed budget includes an appropriate contingency that incorporates the potential future expense. Finally, on March 11, 2021, the American Rescue Plan (ARP) was signed into law. This piece of federal legislation includes direct aid to states and local governments. Estimates provided by Congressman Schneider's office indicate that the Village of Liberty ville is expected to receive approximately $2.5m in federal aid. The administrative mechanisms governing the disbursement of the aid are still being developed, with the State of Illinois anticipated to have a major role in the disbursement process. As a result, staff do not recommend including the aid revenues in the proposed budget at this time. It will be important to 1) Determine how and when the Village will get its aid and 2) The proposed allocation of the aid amongst the Village's various funds and programs. The latter topic is planned for discussion at the March 30,2021 meeting of the Finance Committee. Staff will recommend a budget amendment to the Board at a later date that incorporates 1) Local aid and 2) Sports Complex operating changes (as discussed during the budget meetings). President Weppler opened the Public Hearing at 8:27 p.m. and asked for any questions or comments. With no discussion, he closed the Public Hearing at 8:28 p.m. ORDINANCE NO. 21-0-12: An Ordinance Amending the Village Code to Enact a Stormwater Utility Fee President Weppler explained that on May 28, 2019, the Village Board adopted the Master Stormwater Management Plan which identified $45.5 million (2017 dollars) in stormwater conveyance infrastructure improvements necessary to address flooding issues throughout the community. Subsequent to the adoption of the Plan, the Village Board directed staff to develop financing strategies to fund the identified projects. On August 29, 2019, the Village Board approved a contract with NewGen Strategies and Solutions, LLC to complete a two phase stormwater utility rate study. Phase I consisted of the creation of a financial model, development of a capital plan, and identification of potential utility fee options. At the conclusion of the Phase I portion of the study, the Village Board determined that a 15 year capital plan funded by an impervious surface assessment was the most equitable and appropriate financing structure for the new stormwater utility. Phase I of the utility rate study was completed on July 21, 2020. In Phase II of the stormwater utility rate study, the consultant and staff created a parcel- level stormwater utility fee billing database, promoted public education opportunities including virtual town hall meetings and a website, and drafted a stormwater utility fee ordinance. The Village Board also directed staff to make a policy change related to the appeals process and investigate the feasibility of a senior citizen discount. After reviewing the financial model and determining that a modest senior citizen discount would have a negligible impact on rates, staff recommends including language in the ordinance authorizing a senior citizen discount. Eligibility for this discount would be the same as for water and sanitary sewer senior discounts (65 years of age). The amount of the senior citizen discount will be determined annually as part of the Fee Ordinance and is expected to be 5% for FY 2021-2022. At this time, the major activities associated with the utility rate study are complete and staff recommend that the Village Board consider moving forward adopting an ordinance enacting a stormwater utility fee. As discussed in prior meetings, the effective date of the stormwater utility fee will be September 1, 2021. During the intervening period between ordinance adoption and the fee effective date, staff will 1) Continue public outreach and website maintenance, 2) Make ongoing minor adjustments to the billing database to reflect updated Lake County Assessor boundary data, 3) Process appeal and credit requests, and 4) Work with the Village's utility billing software vendor to import stormwater utility fee data prior to September 1 . Staff recommended approval of the ordinance enacting a stormwater utility fee. President Weppler then asked for questions and comments. Trustee Justice thanked staff for the senior discount. Trustee Johnson moved to approve the ordinance enacting a stormwater utility fee. Trustee Adams seconded. President Weppler asked for further discussion 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. 21-R-35: A Resolution to Approve an Agreement for the Purchase and Installation of Playground Equipment, Re-surfacing of a Basketball/PicklebalI Court, and installation of a Toilet Enclosure with BCI Burke at Charles Brown Park and authorize Payment in the amount of $305,222.60 President Weppler stated that in 2018, the Village Board approved a Parks Master Plan which identified Charles Brown Park as one of four community parks and prioritized improvements for fiscal year 2020/2021. The fiscal year 2020/2021 budget included replacement of the existing playground equipment at Charles Brown Park, which is 25 years old. In December of 2020 staff solicited two playground proposals from four different vendors, for a total of 8 design options. The draft designs were reviewed by the Parks and Recreation Advisory Commission and four final designs were selected. On February 12, 2021 an online survey with the final four designs, along with four playground equipment options were posted on social media, the Village's e-news and website. Public feedback was solicited through February 24,2021. A total of 518 (487 identified as Libertyville residents) votes were received. On February 25, 2021 the Parks and Recreation Advisory Commission voted unanimously to recommend the BCI Burke design to the Parks and Recreation Committee. The BCI Burke design received the most votes from the public (48% of the vote). It also included one of the pieces of equipment within the online equipment survey. The net climber is included in the design and received the second most votes (32.2% of votes). The equipment that received the most votes was a saucer swing (38.8% of votes). Unfortunately, the design does not allow for a saucer swing to fit within the footprint of the space. The current quote includes the purchase of equipment with play areas for both 2 to 5-year- olds and 5 tol2-year-olds, an ADA ramped main structure, a net climber, several slides and climbing features, a ground level music play option, two ground level play houses and a combination ofpour-in-play rubber surfacing and woodchip surfacing. In addition, as part of the playground update the existing basketball court will be resurfaced and striped for both basketball and pickleball and a porta potty enclosure will also be added to the park. The park will also include a new technology interactive activity called Biba games. Biba games is a healthy, game app that parents can download for free onto their phones. The total cost for the proposal through the OMNIA Partners joint purchasing contract is $305,222.60. The FY 20/21 budget includes $328,000 for the playground upgrade. The Parks and Recreation Advisory Commission and The Parks and Recreation Committee recommend a contract award for the proposal in the amount of $305,222.60 for the purchase of the playground equipment, construction of the toilet enclosure, pour-in-play surfacing, Biba games and basketball/pickleball court. The resolution presented approved a purchase agreement in the amount of $305,222.60 through the National IPA/Omnia Partners Joint Purchasing Program (Contract #R170301) for the contract items. President Weppler then asked for questions and comments. President Weppler thanked the Parks and Recreation Commission and Committee as well as Deputy Administrator Ashley Engelmann for their work on the Parks Master Plan. Trustee Carey moved to approve the resolution approving an Agreement for the Purchase and Installation of improvements at Charles Brown Park and authorized payment in the amount of $305,222.60. Trustee Garrity seconded. President Weppler asked for further discussion 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. 21-R-36: A Resolution for Appropriation of Motor Fuel Tax (MFT) Funds in the amount of $250,000 for the Annual Road Rehabilitation Program President Weppler explained that the 2021 Road Rehabilitation Program was to be funded by the Motor Fuel Tax (MFT). Within the MFT Fund, the FY 2021/22 Annual Budget  allocated $250,000 ofMFT Funds and $446,279 of Rebuild Illinois Bond Funds for this year's project. State law requires that the Village obtain authorization from IDOT to expend these funds, and that a Resolution be approved for each of these funds to authorize appropriation. The Resolution is for the appropriation of $250,000 of Motor Fuel Tax Funds for the Annual Road Rehabilitation Program. Staff recommended approval of the IDOT standard Resolution (BLR Form 09110) to appropriate MFT funds in the amount of $250,000 and authorized certification by the Village Clerk. President Weppler asked for questions and comments. Trustee Johnson thanked Director of Public Works Paul Kendzior for the bidding success. Trustee Johnson moved to approve the Appropriation of Motor Fuel Tax (MFT) in the amount of $250,000 for the Annual Road Rehabilitation Program. Trustee Adams seconded. President Weppler asked for further discussion 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. 21-R-37: A Resolution for Appropriation of Rebuild Illinois Bond Funds in the amount of $446,279 for the Annual Road Rehabilitation Program President Weppler stated that the 2021 Road Rehabilitation Program is to be funded by the Motor Fuel Tax (MFT) Fund. Within the MFT Fund, the FY 2021/22 Annual Budget allocates $250,000 ofMFT Funds and $446,279 of Rebuild Illinois Bond Funds for this year's project. State law requires that the Village obtain authorization from IDOT to expend these funds, and that a Resolution be approved for each of these funds to authorize appropriation. The Resolution is for the appropriation of $446,279 of Rebuild Illinois Bond Funds for the Annual Road Rehabilitation Program. Staff recommended approval of the IDOT standard Resolution (BLR Form 09110) to appropriate Rebuild Illinois Bond funds in the amount of $446,279 and authorized certification by the Village Clerk. President Weppler asked for questions and comments and there were none. Trustee Johnson moved to approve the resolution for the Appropriation of Rebuild Illinois Bond Funds in the amount of $446,279 for the Annual Road Rehabilitation Program. Trustee Carey seconded. President Weppler asked for further discussion and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moms, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 21-R-38: A Resolution to Award a Contract for the 2021 Joint Bid Road Rehabilitation Program President Weppler noted that since 2019 the Village has partnered with Mundelein and Vernon Hills for a joint bid road rehabilitation program in order to receive advantageous competitive unit price bids based upon an "economies of scale" from larger contract quantities. An Intergovernmental Agreement (IGA) was previously executed by all parties of the Joint Bid program to define the necessary parameters. The Pavement Assessment Report completed in 2019 was utilized to select the Village's streets to be rehabilitated. Public Works staff coordinated with the other participants in the joint bid and Gewalt Hamilton Associates, Inc. (GHA) to prepare plans and specifications and solicit bids. Competitive contractor bids were opened on Febmary 23,2021. Six (6) bids were received for the project with the following results: Contractor Overall Joint Bid Amount Village Share Peter Baker & Son Co. $2,695,329.65 $694,157.60 Brothers Asphalt $2,944,583.24 N/A Schroeder Asphalt $2,995,633.00 N/A Johnson Paving $3,065,560.00 N/A Builders Paving $3,080,000.00 N/A ALamp Concrete $3,138,445.25 N/A Contractors The Engineer's Estimate for the total joint bid work was $3,151,726.25. The qualified low bid contractor is Peter Baker & Son Co. in the amount of $2,695,329.65. Peter Baker & Son Co. has successfully completed previous similar pavement rehabilitation projects for all the Villages. Village staff, the other participants in the joint bid, and GHA recommend award of the contract to Peter Baker & Son Co. In accordance with the terms of the IGA, the Village is only responsible for the share of the contract that is directly attributable to its roadways, which amounts to $694,157.60. There are sufficient funds available for the Village's share in the FY 2021/22 Annual Budget: $696,279 in the MFT Fund (Acct. #07-0000-0-738), which includes the Rebuild Illinois Bond Funds. There is also remaining for other projects $500,000 in the Project Fund (Acct. ^40-0000-0-773). The budgeted funds total $1,196,279. The proposed work will not start until after May 1 st and is anticipated to be completed by late summer. Staff recommended approval of the Resolution to award the contract to Peter Baker & Son Co. for the 2021 Joint Bid Road Rehabilitation Program in the amount of $694,157.60. President Weppler then asked for questions or comments. Trustees Johnson and Garrity thanked Director Kendzior and Staff for the favorable joint bids. Trustee Johnson moved to approve the resolution to award a contract for the 2021 Joint Bid Road Rehabilitation Program. Tmstee Adams seconded. President Weppler asked for further discussion 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 Finance Committee will meet virtually at 6:00 p.m. on Tuesday, March 30, 2021 • A Committee of the Whole will meet virtually at 7:00 p.m. on Tuesday, March 30, 2021 • The Parks and Recreation Committee will meet virtually at 6:00 p.m. on Tuesday, April 6, 2021 • The Human Relations Commission will meet virtually at 5:00 p.m. on Wednesday, April 7, 2021 • The Zoning Board of Appeals will meet virtually at 7:00 p.m. on Monday, April 12,2021 • The Bicycle Advisory Committee will meet virtually at 6:00 p.m. on Tuesday, April 13,2021 • The Water and Sewer Committee will NOT meet on Tuesday, April 13, 2021 • The Village Board will meet virtually at 8:00 p.m. on Tuesday, April 13, 2021 EXECUTIVE SESSION 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)] Collective Bargaining: [5 ILCS 120/2(c)(2)] President Weppler noted the need for the Village Board to meet in Executive Session for discussion of the above. Trustee Johnson moved to go into Executive Session at 8:49 p.m. Trustee Moras seconded. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None ADJOURNMENT The Village Board returned to the regular meeting at 10:07 p.m., and with no further business to come before Village Board, Trustee Garrity moved to adjourn at 10:08 p.m., 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, j^l \,_j^4L ^cL-^ ^ i>{^^ Cfo^ SaH); A. Kowal" Village Clerk