Village Board Meeting

VILLAGE OF LIBERTWILLE BOARD OF TRUSTEES April 27, 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 virtual meeting of the Board of Trustees at 8:00 p.m. Those present were: President Terry Weppler, Trustees Donna Johnson, Richard Moms, Jay Justice, Scott Adams, Peter Garrity, and Patrick Carey. Employee Recognitions: President Weppler recognized the following employee anniversaries - Linda Carlson, 10 Years; Mike Hall, 20 Years; Jonathan Diedrich, 20 Years; Karl Moeser, 30 Years. Jean Bratton Retirement Proclamation President Weppler read a proclamation recognizing and honoring Administrative Assistant Jean Bratton for her 42 years of service to the Libertyville Fire Department. He extended best wishes for an enjoyable and well-deserved retirement. Arbor Day Proclamation - President Weppler proclaimed April 30, 2021 as Arbor Day in the Village of Liberty ville. World Migratory Bird Day Proclamation - President Weppler read a proclamation urging all citizens to celebrate the observance of World Migratory Bird Day and to support efforts to protect and conserve migratory birds and their habitats in our community and the world at large. ITEMS NOT ON THE AGENDA John Fischl, 911 Warwick Lane, along with 20 other residents attending the virtual meeting, thanked Clerk Sally Kowal for her 21 years of service to the Village of Liberty ville. Glen Bockwinkel, representing the Mile of Cars, thanked the Village for support in helping the dealerships achieve growth and success. He reported that the group was able to donate $100,000.00 to area charities. Laura Sabino expressed appreciation for donations made to the Lake County Haven. OMNIBUS VOTE AGENDA President Weppler introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion. Trustee Johnson asked for separate discussion of items 3D and 3M.  BOARD OF TRUSTEES/April 27, 2021 Page 2 Omnibus Vote Agenda A. Summary of Omnibus Vote Agenda B. Approval of Minutes of the April 13, 2021 Village Board Meeting C. Bills for Approval D. RESOLUTION NO. 21-R-52: A Resolution to Approve a Special Event - Reclaimed Artisans Spring Outdoor Market E. ORDINANCE NO. 21-0-20: An Ordinance Vacating a Portion of Unimproved Alley - 725 Sunnyside F. ORDINANCE NO. 21-0-21: An Ordinance Declaring Surplus Property G. RESOLUTION NO. 21-R-53: A Resolution to Award a Professional Services Agreement to Total Elevator Service for Annual Elevator Maintenance H. ORDINANCE NO. 21-0-22: An Ordinance Amending Section 26-5-4.3 of the Libertyville Zoning Code Regarding Special Uses in the C-3 Zoning District - 216W.PetersonRoad I. ORDINANCE NO. 21-0-23: An Ordinance Approving a Special Use Permit for an Axe Throwing Lounge - 216 W. Peterson Road J. ORDINANCE NO. 21-0-24: An Ordinance Rezoning from the 0-1 Professional Services Offices District to the R-7 Single Family Attached Residential District - 232 Fourth Street K. ORDINANCE NO. 21-0-25: An Ordinance Amending Articles 4 and 16 of the Libertyville Zoning Code Regarding the Minimum Lot Area for Planned Developments - 232 Fourth Street L. ORDINANCE NO. 21-0-26: An Ordinance Approving a Development Concept Plan and Special Use Permit for a Planned Development - 232 Fourth Street M. RESOLUTION NO. 21-R-54: A Resolution for an Economic Incentive Agreement - 1620 S. Milwaukee, LLC and McGrath 1620, Inc. (d/b/a McGrath Acura of Liberty ville) - 1620 S. Milwaukee Avenue N. RESOLUTION NO. 21-R-55: A Resolution for an Economic Incentive Agreement - Napleton Properties, LLC and Napleton 1050, Inc. (d/b/a Napleton Cadillac of Liberty ville) - 1050 S. Milwaukee Avenue 0. RESOLUTION NO. 21-R-56: A Resolution for an Economic Incentive Agreement - Gregory Inflniti, Inc. - 1201-1205 S. Milwaukee Avenue P. ARC Report Q. HPC Report 3D Trustee Johnson expressed concern with traffic and alcohol consumption at the Reclaimed Artisans Spring Outdoor Market. Owner Eric Struif explained that Mickey Finn's had offered beer and bloody Mary's at the last event, but alcohol could be eliminated. He agreed to request and/or reserve Lake County Sheriff assistance should the crowd be larger than the expected 500-600.  BOARD OF TRUSTEES/April 27, 2021 Page 3 3M Trustee Johnson asked why a ten-year agreement was included in the Incentive Agreement with McGrath Acura. It was explained that it takes time for a return on the investment. Trustee Johnson noted that economic changes in car sales are pending. Trustee Johnson moved to adopt the items listed on the Omnibus Vote Agenda in a single group pursuant to the omnibus vote procedures of the Liberty ville Municipal Code. Trustee Moras seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None REPORT OF THE ZONING BOARD OF APPEALS, ZBA 21-02, Variation for Signage - 1050 S. Milwaukee Avenue President Weppler noted that Napleton Properties, LLC was proposing to install a new monument sign for the Cadillac dealership at 1050 S. Milwaukee Avenue. A variation was requested to increase the allowable sign area from 140 square feet to 248 square feet. During the public hearing, it was noted that half the sign area would not have any lettering on it. A motion to recommend Village Board of Trustees approval passed with a vote of 6 - 0. President Weppler then asked for questions and comments. Maureen Napleton stated that the facade is almost finished, and they are thrilled with the improvement. She added that the sign would only use the top three panels, and Tmstee Johnson asked that the agreement include that as a condition. Trustee Moras moved to approve the sign variation at 1050 S. Milwaukee with the amendment of wording on the top three panels only, and Trustee Carey seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None ORDINANCE NO. 21-0-27: An Ordinance Approving a Lease Agreement with Libertyville Sportsplex, LLC (Canlan Sports USA Corp) President Weppler reported that on March 13, 2020, the Indoor Libertyville Sports Complex was closed due to the COVID-19 pandemic. Over the past year, Staff and the Village Board have been diligently evaluating various scenarios for future operation of the Sports Complex, balancing the need to provide ongoing recreational services to the community safely while mitigating the high cost to operate the facility, which was further exacerbated by COVID-19 capacity restrictions. As part of the Village's due diligence, the possibility of leasing the Sports Complex to a private operator was considered. Canlan Sports, a Canadian firm that owns and operates sports  BOARD OF TRUSTEES/April 27, 2021 Page 4 complexes and ice rinks across Illinois and Canada, engaged with the Village and expressed interest in operating the Indoor Sports Complex facility. Canlan owns and operates the nearby Lake Barrington Sportsplex, the Leafs Ice Center in West Dundee, and a large ice sports facility in Romeoville. The Lake Barrington Sports Complex, in particular, hosts many of the same organizations that previously utilized space in the Libertyyille Sports Complex before it closed. Canlan Sports is a highly regarded company in the indoor sports industry, has been in existence since 1956, and is publicly traded on the Toronto Stock Exchange. Under the structure of the proposed lease, Canlan would assume all profit and loss risk associated with the Libertyville Sports Complex. The proposed lease also gives Canlan an option to acquire the facility within two years, based on an agreed-upon purchase price of $3,750,000. This price was determined by a qualified appraiser and complies with the 80% requirement of 65 ILCS 5/1 1- 76-4.1. Other notable lease provisions are as follows: • A twenty-four (24) month operating lease beginning July 1 , 2021 and ending June 3 0,2023, which encompasses the future Lot 4 of the Sports Complex subdivision (the Indoor Complex, parking lot, softball field, and hockey rink) • Canlan to provide monthly renumeration in the amount of $20,000 to the Village after a five-month abatement period in recognition ofCOVID-19 capacity restrictions and start- up costs • Canlan will pay for all utilities and general maintenance costs. The Village will only be responsible for major repairs during the duration of lease • Village to retain control of the preschool and dance wing of the Indoor Sports Complex under a sublease to be approved by the Village Administrator, the rent for which will be abated for five months • The lease document guarantees the Village preferential scheduling for in-house programs it may continue to offer in the future • Canlan has agreed to meet with the Village formally at least semi-annually to coordinate program offerings in order to avoid duplication or gaps in programming • Canlan will meet and confer with the Village to discuss implementing a Libertyville resident subsidy for Canlan's in-house programs Canlan intends to soft open the Sports Complex on July 1, 2021, with full operations resuming by the fall. After approval of the lease, Canlan's operations team intends to move quickly in preparing and refreshing the facility for the reopening. Village staff will coordinate efforts with Canlan's staff where necessary and plan to make regular progress reports to the Parks and Recreation Committee. As the onboarding process progresses, staff will be in a position to make additional reports and recommendations pertaining to fall program offerings. Overall, the proposed lease offers two broad advantages for the Village and its residents. First, Canlan is a well-established and financially sound company with experience operating facilities similar to the Libertyville Sports Complex. Because of its specialization in the industry and regional presence, Canlan will be able to run the facility efficiently, which should offer a direct benefit to residents in terms of the overall user experience. Second, this lease arrangement offers a direct financial benefit to the Village by providing an annualized offset of $240,000 ($20,000 monthly rent) toward the Sports Complex debt service  BOARD OF TRUSTEES/April 27, 2021 Page 5 burden which is subsidized annually from the General Fund. Furthermore, if Canlan elects to acquire the facility, the Village plans on utilizing the proceeds, along with those that may be received from future sales the Golf Learning Center or Family Entertainment Center, to call or decease outstanding Sports Complex debt. Staff recommended approval of the ordinance approving a lease agreement with Libertyville Sportsplex, LLC (Canlan Sports USA Corp) and authorized execution of the lease agreement by the Village Administrator and Village Clerk. President Weppler then asked for questions and comments. Trustee Johnson thanked Finance Director Nicholas Mostardo and Village Attorney Hart Passman for the efforts and the timely work. Trustee Moras added his thanks as well. Trustee Moras moved to approve the ordinance approving a lese agreement with Libertyville Sportsplex, LLC (Canlan Sports USA Corp.). 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 RESOLUTION NO. 21-R-57: A Resolution Allocating American Rescue Plan Act Funds President Weppler introduced the resolution explaining that on March 11, 2021, the American Rescue Plan (ARP) Act was signed into law. This piece of legislation addresses the ongoing health and economic impacts of the COVID-19 pandemic. While the ARP includes direct aid to individuals in the form of economic stimulus payments and expanded child tax credits, it also includes aid to states and local governments. Per the ARP, the Village of Liberty ville is entitled to federal aid which can be used to replace revenue lost by the economic impacts of the COVID-19 pandemic. At the March 30, 2021 Finance Committee meeting, staff presented recommendations for the application of the first portion of federal aid expected to be received sometime in May or June in an estimated amount of $1,250,000. Three Village funds were identified as appropriate recipients of the aid based upon their sensitivity to changes in elastic revenue sources: the General Fund, Hotel/Motel Tax Fund, and Commuter Parking Fund. The proposed allocations are as follows: a. General Fund - $946,957, with staff having the authority to round to plus or minus $5,000 after the federal government determines the final amount for the first distribution. b. Hotel/Motel Tax Fund - $ 152,072, with staff having the authority to round to plus or minus $5,000 after the federal government determines the final amount for the first distribution.  BOARD OF TRUSTEES/April 27, 2021 Page 6 c. Commuter Parking Fund - $5 8,640, with staff having the authority to round to plus or minus $5,000 after the federal government determines the final amount for the first tranche distribution. Additionally, the Finance Committee directed staff to utilize the remaining funds from the first distribution ($92,331), supplemented by existing budget capacity, to earmark $100,000 for a business support program. Staff would consider various program options to be discussed with the Economic Development Commission for feedback and ultimately presented for Village Board approval. The Finance Committee reviewed the proposed allocations and referred this item to the full Village Board with a positive recommendation. Staff recommended approval of the Resolution allocating the first portion of American Rescue Plan Act Funds. President Weppler asked for questions and comments and there was none. Tmstee Johnson moved to approve the resolution allocating American Rescue Plan Act Funds. 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 RESOLUTION NO. 21-R-58: A Resolution to Approve a Professional Services Agreement with Strand Associates, Inc. for Final Engineering & Construction Oversight for the Screen «& Grit Building Improvements at the Wastewater Treatment Plant President Weppler explained that the Master Facilities Plan for the Village's wastewater treatment plant recommends replacement of the existing electrical system, headworks screen and grit collector system that are housed in the Screen & Grit building in years 2021 and 2022 because all of these components have reached the end of their respective service lives. The proper functioning of these items was critical to the primary treatment operations for the plant. The proposed improvements will include replacing/upgrading the existing electrical system, replacement of the screening systems and replacement of the grit removal system. Staff requested a comprehensive proposal from the firm of Strand Associates, Inc. for final engineering and construction oversight services. The submitted proposal was in the amount of $241,800.00, which is comprised of $141,300.00 for final engineering and $100,500.00 for construction oversight. The proposed agreement with Strand Associates, 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 Strand Associates Inc. based upon their current and previous related work at the treatment plant. The proposal would be included as an exhibit in the Village's standard professional services agreement. The proposed engineering work would be completed over two Fiscal Years. The final engineering would be completed in Fiscal Year 2021/22 and the construction oversight would  BOARD OF TRUSTEES/April 27, 2021 Page? be completed in Fiscal Year 2022/23. The FY 2021/22 Annual Budget provides $194,000.00 in the Utility Capital Improvement Fund to complete the desired final engineering work. Staff recommended approval of the resolution to award a professional services agreement to the firm of Strand Associates, Inc. to complete the final engineering and provide construction oversight for the proposed Screen & Grit Building improvements at the wastewater treatment plant in the amount of $141,300.00 for FY 2021/22 Annual Budget, subject to the appropriation of the remaining $100,500.00 in the FY 2022/23 Annual Budget, for a total amount of $241,800.00, and authorized execution by the Village Administrator. President Weppler then asked for questions and comments and there were none. Trustee Justice moved to approve the resolution approving a Professional Services Agreement with Strand Associates, Inc. Trustee Moras seconded. President Weppler asked for further Board or public comment and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 21-R-59: A Resolution to Purchase Bulk Salt from Morton Salt, Inc. President Weppler noted that the Fiscal Year 2021/22 Annual Budget in Snow Removal & Ice Control provides $174,000 for the purchase of bulk road salt. The Village continues to participate in the joint road salt purchase bid administered by the Lake County Division of Transportation. Morton Salt, Inc. was once again the low bidder. The Village's unit price for this year will be $69.30 per ton for road salt. This unit price will allow for us to purchase up to 2,510 tons based upon the available budgeted funds. The minimum purchase is 2,400 tons, which was also the Village's annual usage average and includes our contractor and School District 70. The salt dome has the capacity to store between 2,400 to 2,500 tons of salt. Last year's salt usage was approximately 2,750 tons at a unit price of $67.61/ton. Should next winter season also require an above normal usage of salt, the bid allows for the purchase of up to an additional 1,000 tons of salt at the same unit price of $69.30. This additional purchase would require a change order and reallocation of budgeted funds. Staff recommended adoption of the resolution to approve the purchase up to 2,510 tons of road salt from with Morton Salt, Inc. in the not-to-exceed amount of $174,000. President Weppler asked for questions or comments and there was none. Trustee Carey moved to approve the resolution to purchase bulk road salt from Morton Salt, Inc. in the not-to-exceed amount of $174,000. 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:  BOARD OF TRUSTEES/April 27, 2021 Page 8 AYES: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 21-R-60: A Resolution to Award a Contract to Ganziano Sewer & Water, Inc. for Sanitary Sewer Point Repairs President Weppler introduced the resolution noting that upon completion of the recent sewer televising program, Public Works staff identified six separate sanitary sewer locations that require 'point repairs' prior to this summer's Road Rehabilitation Program. Each of the point repairs are located within the pavement for streets that will be resurfaced, with the exception to one repair on Milwaukee Ave. These point repairs need to be completed in advance of the resurfacing work in order to avoid later damage to the new roadway pavement. Staff solicited for bids for the proposed work. Seven bids were submitted, and the lowest responsive bid was from Ganziano Sewer & Water, Inc. in the amount of $96,750. The bids are summarized below: Contractor Bid Amount Ganziano Sewer &Water, Inc. $96,750 Lenny Hoffman Excavating $124,525 Misfits Construction Company $128,600 H. Linden & Son Sewer and Water $134,125 Berger Excavating Contractor $145,150 IHC Construction Companies, LLC $186,800 Performance Construction & Engineering $198,500 $300,000 is available in the Fiscal Year 2021/22 Annual Budget in the Water & Sewer Capital Improvement Fund Lining/Point Repairs for the proposed work. Staff recommended approval of the resolution to award a contract to Ganziano Sewer &Water, Inc. for sanitary sewer point repairs in the amount of $96,750 and authorized execution by the Village Administrator. President Weppler asked for any questions or comments. Trustee Johnson asked if Ganziano has a good reputation for quality work, and Director of Public Works Paul Kendzior stated that all references had been positive. Trustee Johnson moved to approve the resolution awarding a contract to Ganziano Sewer & Water, Inc.in the amount of $96,750. 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  BOARD OF TRUSTEES/April 27, 2021 Page 9 NAYS: None CONSIDERATION OF A RESOLUTION to Award a Contract to Precision Pavement Markings, Inc. for the Annual Pavement IMarkings Program President Weppler explained that the Village of Liberty ville participated in a joint bid through the Lake County Municipal League which solicited sealed bids for thermoplastic roadway pavement markings. Three bids were received and publicly opened on April 16, 2021. The lowest responsible bidder was Precision Pavement Markings, Inc. The Fiscal Year 2021/22 Annual Budget includes $40,000 in the Project Fund for the proposed pavement markings work. The estimated quantities and low bidder's unit prices to fit within the Village's available budgeted funds are summarized below: Item Unit Price Quantity Unit Cost 4-inch line $0.50 25,500 Linear Feet $12,750.00 6-inch line $0.75 11,800 Linear Feet $8,850.00 12-inch line $1.50 3,475 Linear Feet $5,212.00 24-inch line $4.00 2,150 Linear Feet $8,600.00 Letters & Symbols $3.25 694 Square Feet $2,255.50 Removal $0.30 6,000 Linear Feet $1,800.00 Total: $39,468.00 Staff recommended approval of the resolution to award a contract to Precision Pavement Markings, Inc. for the annual pavement marking program in an amount not-to-exceed $40,000 and authorized execution of the contract by the Village Administrator. President Weppler asked for questions and comments. Trustee Garrity asked if there were a survey as to where the marking would be applied. Director Kendzior stated that markings would be Village wide and only in the amount budgeted. Trustee Garrity asked for the possibility of Lake Street or other crosswalks being included to aid bicycle traffic. Director Kendzior stated that he would check with the vendor. Tmstee Johnson suggested checking with Director Kendzior's counter-part in Evanston since their program provided information. Trustee Garrity moved to award a contract to Precision Pavement Markings, Inc for the Annual Pavement Marking Program. 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/April 27, 2021 Page 10 ORDINANCE NO. 21-0-28: An Ordinance Authorizing the Timely Redemption of 2010A Tax Exempt Alternate Revenue Bonds President Weppler explained that with the recent approval of an operating lease for the Sports Complex requires the Village to redeem outstanding tax exempt bonds associated with the Indoor Sports Complex facility. This is due to IRS regulations that prohibit a private operator from leasing a facility funded with tax exempt debt. The Village must now take a remedial action to remain in compliance with IRS requirements. On the advice of Chapman and Cutler, the Village's bond counsel, the Village must redeem outstanding 2010A Tax Exempt bonds and reissue taxable obligations within the next 90 days. Pursuant to a Staff memo dated April 5,2021 and discussion at the April 6,2021 Parks and Recreation Committee meeting, staff have begun the preliminary steps required to complete the above-referenced remedial action. Several important points were noted in the memo and during the Parks and Recreation Committee meeting. First, given the current interest rate environment, it is anticipated that a new taxable issuance would have an interest rate substantially below the rate currently associated with the existing 201 OA tax exempt issuance (4.18%). Initial projections by the Village's financial advisor, Speer Financial, suggest that the Village could cut its debt service obligation at the Sports Complex by $130,000 per year based on interest rate savings alone. Second, taxable obligations provide the Village with additional flexibility related to how facility operations are structured. With tax exempt obligations, only the Village or another governmental entity can operate the Sports Complex. With taxable obligations, the Village can elect to enter into operating leases or management contracts. Finally, it is important to note that the redemption of tax exempt bonds and issuance of taxable obligations will not extend the date of maturity for payoff of obligations associated with the Sports Complex. The current 2010A bonds mature on December 15, 2030; the new obligations would mature on the same date. The formal bond ordinance for the new taxable obligations will be considered by the Village Board in June. At this time, it is necessary for the Village Board to adopt the ordinance which acknowledges that a remedial action is required and authorizes the redemption of the outstanding 2010A tax exempt bonds. Trustee Moras moved to approve the ordinance authorizing the Timely Redemption of 2010A Tax Exempt Alternate Revenue Bonds, and Trustee Johnson seconded. President Weppler asked for further Board or public comment and there was n one. The motion carried on roll call vote as follows:  BOARD OF TRUSTEES/April 27, 2021 Page 11 AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None Angelica Morici asked President Weppler if there would be a fence behind the Axe Throwing Lounge at 216 W. Peterson. Director of Community Development John Spoden stated that he had checked the area and found some landscape missing. Spruce trees had replaced pine trees on the northeast comer. Trustee Garrity stated his disappointment that the matter had not been addressed. He asked that a program be established for the area to be maintained. PETITIONS AND COMMUNICATIONS President Weppler announced the following: • A special Meeting of the Board ofTmstees will be held on Tuesday, May 4, 2021 at 7:00 p.m. at the Liberty ville Civic Center to recognize outgoing Mayor, Village Board, and Village Clerk and to install the incoming Mayor, Village Board, and Village Clerk • The Parks & Recreation Committee will not meet on Tuesday, May 4, 2021 • The Human Relations Commission will not meet on Wednesday, May 5, 2021 • The Zoning Board of Appeals will meet virtually at 7:00 p.m. on Monday, May 10, 2021 • The Water and Sewer Committee will not meet on Tuesday, May 11, 2021 • The Village Board of Trustees will meet virtually at 8:00 p.m. on Tuesday, May 11,2021 President Weppler, outgoing trustees, and the outgoing clerk expressed their thanks for their time spent working with the Village Staff, the other Board Members, and the residents Liberty ville. ADJOURNMENT With no further business to come before Village Board, Trustee Johnson moved to adjourn at 9:34 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, Sally A. Kowal Village Clerk