Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES September 28, 2021 President Johnson called to order a meeting of the Board of Trustees at 8:00 p.m. Those present were: President Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Hickey, Matthew Krummick, Dan Love, and James Coimell. President Johnson recognized October as Breast Cancer Awareness Month and the Libertyville Police Department's pink patch fundraising campaign to support the cause. President Johnson recognized Police Officer Matthew Melvin, Police Officer Jacob Potts, Economic Development Manager Heather Rowe, and Police Officer Wayne Kincaid for their work anniversaries and dedication to the Village. ITEMS NOT ON THE AGENDA President Johnson asked if there were any public comments for items not on the agenda, and there were multiple speakers. Resident Jon Monroe, representing a number of residents, spoke to their safety concerns regarding the crosswalk at Milwaukee Avenue and Maple Avenue. Mr. Monroe showed a video of a near-miss incident between a vehicle and a bicyclist at the crosswalk. President Johnson asked questions, spoke to the concerns raised, and pledged to work towards a solution despite the complexity of the Illinois Department of Transportation's oversight of Milwaukee Avenue. Resident Ed Lajeur and Jimmy Quigley also spoke to the safety concerns of the crosswalk. Residents Andrew Reynolds and Josh Adams spoke to concerns about a blighted house in their neighborhood. President Johnson asked questions and indicated Village staff will work with the neighboring residents to take corrective actions. Trustee Connell also offered to assist as he lives near the property in question. Resident Tom Erickson spoke about his concerns with the Village permit process. President Johnson asked questions and suggested staff and Mr. Erickson to work together towards a resolution. OMNIBUS VOTE AGENDA President Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for a separate discussion. Trustee Connell requested item 3 G be removed. Omnibus Vote Agenda A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the August 24, 2021 Village Board Meeting BOARD OF TRUSTEES September 28, 2021 1 C. Bills for Approval D. RESOLUTION NO. 21-R-140: A Resolution to Approve the Use of Village Property America Needs Fatima E. ORDINANCE NO. 21-0-70: An Ordinance Approving a Major Adjustment to the Encompass Health Corporation Planned Development -1201 American Way F. HPC Report Trustee Adams moved to adopt the items listed on the Omnibus Vote Agenda, as amended, in a single group pursuant to the omnibus vote procedures of the Libertyville Municipal Code, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 3G - Approval of Appearance Review Commission Report Trustee Connell indicated he would recuse himself from the vote since he is a donor involved in the exhibit. Trustee Adams moved to approve item 3G, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, and Love NAYS: None ABSTAIN: Connell 4 - RESOLUTION NO. 21-R-141: A Resolution of a First Amendment to Economic Incentive Agreement - United Motors (Libertyville Auto Plaza) - 920 and 921 S. Milwaukee Avenue (Deferred from September 14,2021) President Johnson noted that in December 2008, the Village Board adopted Business District Plan No. 1 in an effort to create an incentive mechanism that would allow the Village's auto dealerships to remain in the community and improve their facilities. The terms of the incentive program were amended by Ordinance 14-0-05. The memorandum provides additional background on the Business District program and includes a copy of the Business District Plan. BOARD OF TRUSTEES September 28, 2021 2 The Village entered into a ten-year agreement with United Motors in 2015 granting an economic incentive. United Motors operates Liberty Auto Plaza, with dealerships Nissan and Volkswagen on the east side of Milwaukee Avenue and Kia on the west side of Milwaukee Avenue, all within Business District No. 1. The 2015 agreement was related to a $2 million site improvement project at the Kia property. The dealership group has demonstrated strong sales during the term of the agreement. United Motors has recently made application for incentives related to a new $5 million site redevelopment effort on the east side of Milwaukee Avenue designed to improve the appearance and operations of the Nissan and Volkswagen dealerships. The request is to increase the maximum cumulative incentive value to incorporate new investments, to extend the agreement five years beyond the current agreement expiration date so as to capture sufficient returns, and to change the percentage of annual incentive for which the dealership is eligible. The Business District Plan permits the Village Board to grant a five-year agreement extension. A 1% municipal sales tax rate is collected on vehicle purchases. If extended, the incentive payment amount would continue to be calculated annually based upon "new" sales taxes generated by the dealership. "New" sales taxes are determined based upon sales tax receipts each year of the agreement which exceed the "threshold" amount. Per the Business District Plan terms, United Motors' sales volume at the time of the initial 2015 agreement made the dealership eligible for an annual incentive payment equal to 40% of "new" sales taxes. At the time, the dealership's sales tax receipts placed them close to the eligibility limit to permit a 60% incentive, sales for more recent years would now make them eligible for the 60% annual incentive value. If approved, the Village will continue to collect municipal sales tax receipts up to the threshold amount, plus 40% of "new" receipts. Staff recommends approval of the proposed agreement. Four positive votes are required for approval. President Johnson asked if there were any public comments, and there were none. A representative from United Motors was present and spoke briefly. Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell spoke in support of the item. Trustee Hickey moved to approve item 4, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 5 - REPORT OF THE PLAN COMMISSION PC 21-14, Amendment to Exhibit C of Ord. BOARD OF TRUSTEES September 28, 2021 3 No. 84-0-22 PC 21-15, Amendment to Exhibit C of Ord. No. 84-0-33 PC 21-16, Amendment to Exhibit C of Ord. No. 87-0-01 Riva Ridge Umbrella Subdivision, Applicant Riva Ridge Subdivision Phases 1, 2, 3, and 4 President Johnson noted the Riva Ridge Homeowner's Association is requesting approval of a change to the ordinances that approved the subdivision to eliminate the requirement for Cedar Shake roofs. The applicant appeared before the Appearance Review Commission and requested a change to synthetic shake roofing material manufactured by DaVinci Roofscapes, LLC or similar manufacturer in the "Mountain" color; a grayed brown hue or matching color. Plan Commission motions to recommend Village Board of Tmstees approval passed with votes of 5 - 0. If approved by the Village Board, ordinances will be drafted for adoption. President Johnson asked if there were any public comments, and there were none. Trustees Garrity, Hickey, and Krummick spoke in support of the item. Trustee Garrity moved to approve item 5, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 6 - REPORT OF THE ZONING BOARD OF APPEALS ZBA 21-15, Variation of Front Yard Setback ZBA 21-16, Variation of Side Yard Setback ZBA 21-17, Variation of Lot Width ZBA 21-18, Variation for Lot Coverage RTO Property LLC, Applicant 619 N. First Street President Johnson noted that RTO Property LLC is requesting the following variations to allow construction of a second floor addition at 619 N. First Street. • Reduce the front yard setback from 22.0 feet to 19.07 feet (existing) • Reduce the side yard setback from 3.75 feet to 3.53 feet (existing) • Reduce the minimum required lot width for a non-conforming lot of record from 45 feet to 39.88 feet (existing) • Increase the maximum permitted lot coverage from 45% to approximately 50% (existing lot coverage is 53.6%) The Zoning Board of Appeals heard the request at their meeting of September 13, 2021. As the setbacks are existing, there is no change to existing lot width, and the lot coverage will be reduced, the Zoning Board of Appeals concurred with the request. Motions to recommend Village Board of Trustees approval passed with votes of 5 - 0. If approved, ordinances will be drafted for adoption. BOARD OF TRUSTEES September 28, 2021 4 Staff recommends approval of the proposed agreement. Four positive votes are required for approval. President Johnson asked if there were any public comments, and there were none. The applicant was present to answer questions. Trustees Adams, Garrity, Hickey, Krummick, and Love spoke in favor of the item. Trustee Adams moved to approve item 6 as a collective motion, and Trustee Krummick seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 7 - REPORT OF THE PLAN COMMISSION PC 21-24, Text Amendment to the Libertyville Zoning Code PC 21-25, Special Use Permit Community High School District 128, Applicant 1125 S. Milwaukee Avenue President Johnson noted the Community High School District 128 is requesting a Text Amendment and Special Use Permit to operate a Vocational Rehabilitation Service at 1125 S. Milwaukee Avenue. This transition program is aimed at young adults aged 18-22 and provides postsecondary readiness instruction in areas such as employment, community involvement, socialization, and independent living. The Plan Commission held a public hearing on September 13, 2021 and found the use suitable for the proposed location. Motions to recommend Village Board of Trustees approval passed with votes of 5 - 0. If approved by the Village Board, ordinances will be drafted for adoption. President Johnson asked if there were any public comments, and there were none. A representative from District 128 was present and spoke about the project. Trustees Adams, Garrity, Hickey, and Krummick offered support for the item. Trustee Hickey moved to approve item 7, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 8 - REPORT OF THE PLAN COMMISSION PC 21-22, Special Use Permit Holladay Properties, Applicant 1980 Kelley Court BOARD OF TRUSTEES September 28, 2021 5 President Johnson noted that Holladay Properties is requesting approval of a Special Use Permit for an Electronic Message Board (EMB) sign for the proposed location at 1980 Kelley Court. The site meets the lot width and lot size, and is located in an overlay district that allows the sign as a Special Use Permit. The Plan Commission held a public hearing on the request and noted that the EMB portion of this sign is smaller than allowed by the Zoning Code. A motion to recommend Village Board of Trustees approval passed with a vote of 4 - 1. If approved by the Village Board of Trustees, an ordinance will be drafted for adoption at the next meeting. President Johnson asked if there were any public comments, and there were none. A representative from Holladay Properties was present to speak to the item and address questions. Trustee Adams offered support for a second sign. Trustee Garrity offered support for the item. Trustee Hickey offered support for a second sign. Trustee Krummick asked a question and suggested the item be broken out for multiple votes. Trustee Love asked the applicant a question. Trustee Adams moved to approve item 8A - special use permit, and Trustee Love seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: Kmmmick Trustee Krummick moved to approve item 8B - first variation, and Trustee Hickey seconded. Tmstee Krummick asked a question. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Tmstee Connell moved to approve item 8B - second variation, and Tmstee Adams seconded. Trustees Garrity and Krummick asked staff questions. The motion carried on roll call vote as follows: AYES: Tmstees Adams, Garrity, Hickey, Love, and Connell NAYS: Krummick Trustee Kmmmick moved to approve item 8B - third variation, and Trustee Love seconded. Tmstees Garrity and President Johnson asked staff questions. Trustees Adams, Love, Hickey, Krummick, and President Johnson asked questions and offered comments. The motion carried on roll call vote as follows: BOARD OF TRUSTEES September 28, 2021 6 AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Trustee Krummick moved to approve item 8B - fourth variation, and Trustee Love seconded. Trustees Garrity and President Johnson asked staff questions. Trustees Adams, Love, Hickey, and President Johnson asked questions and offered comments. Trustee Krummick withdrew his original motion. Tmstee Love moved an amended version of the motion, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Trustee Garrity moved to defer the second sign portion, and Tmstee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Trustee Love moved to defer an additional sign variation, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 9 - RESOLUTION NO. 21-R-142: A Resolution to approve an application to become a Certified Local Government President Johnson noted a primary goal for the Historic Preservation Commission (HPC) and Community Development Department is to be recognized as a Certified Local Government by the Illinois State Historic Preservation Office. This achievement is supported by the 2030 Comprehensive Plan, which recognizes that the Certified Local Government status allows for qualifying historic buildings to be eligible for certain tax credits and for the Historic Preservation Commission to be eligible for future preservation-related grant opportunities. The Village of Liberty ville will benefit from becoming a Certified Local Government by: (1) Becoming eligible to receive matching grant funds set aside specifically for preservation-related BOARD OF TRUSTEES September 28, 2021 7 projects; (2) Participating in state and federal historic preservation protection and incentive programs; (3) Receiving direct technical assistance from the Illinois State Historic Preservation Office (IL SHPO); (4) Joining a national network of communities and experts that provide valuable perspectives on local and statewide plans and programs; and (5) Playing an advisory role in the nomination process for the National Register of Historic Places. In order to be recognized as a Certified Local Government, a local government must: (1) Enact a historic preservation ordinance and enforce state and local preservation laws; (2) Maintain an adequate and qualified historic preservation review commission; (3) Maintain a system for the survey and inventory of historic properties; (4) Provide for public participation in the local historic preservation program. The Village of Libertyville has met these requirements and the Historic Preservation Commission recommends the highest elected official apply to become a Certified Local Government. The Historic Preservation Commission recommends that the application be submitted to the Illinois State Historic Preservation Office for review and approval, and that the Village Board approve the resolution. President Johnson asked staff questions. President Johnson asked if there were any public comments, and there were none. Trustees Adams, Garrity, Hickey, and Krummick offered support for the item. Trustee Connell moved to approve item 9, and Trustee Hickey seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 10 - ORDINANCE NO. 21-0-71: An Ordinance Amending the 2021-2022 Village Budget President Johnson noted the Village operates under the Budget Officer system as described in the Illinois Municipal Code. This system incorporates the ability of the Village Board to make amendments to a previously approved annual budget. The Village's originally adopted FY 2021-2022 budget was reviewed and approved prior to the completion of several significant policy milestones, such as the lease of the Sports Complex to Canlan Sports and the approval of federal aid to local governments from the American Rescue Plan Act (ARPA). These policy outcomes, among others, necessitate a budget amendment at this point in time. BOARD OF TRUSTEES September 28, 2021 8 While this budget amendment makes adjustments to operating accounts in order to recognize the above-referenced policy outcomes, it also contemplates several significant investments in the Village's future via the use of surplus General Fund fund balance. These investments include: 1. Payoff of Sports Complex Series 201 OB Taxable Bonds 2. Village Facility Utilization Project 3. Make-up of Deferred Fleet Fund Transfer from FY 2020-2021 The budget amendment was reviewed by the Committee of the Whole on September 14, 2021 and subsequently recommended for approval. Staff recommends that the Village Board adopt the ordinance. Per State statute, a two-thirds affirmative vote of the Board is required for approval. President Johnson asked if there were any public comments, and there were none. Trustees Garrity and Hickey spoke in support of the item. Trustees Hickey and Krummick offered comments on the proposed facilities master plan item. Trustee Adams moved to approve item 10, and Trustee Hickey seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, Connell, and President Johnson NAYS: None 11 - ORDINANCE NO. 21-0-72: An Ordinance Providing for the Redemption and Payment Prior to Maturity of $1,900,000 Taxable General Obligation Refunding Alternate Bonds, Series 2010B, of the Village of Libertyville, Lake County, Illinois President Johnson noted the debt portfolio for the Sports Complex consists of Series 2021 and Series 201 OB taxable bonds. The Series 201 OB bonds are associated with the Village's interest in the Golf Learning Center and Family Entertainment Center portions of the property. The Series 201 OB bonds have an interest rate of 5.31% and an outstanding par of $1.9 million. These bonds are callable and can be fully redeemed by the Village with a thirty-day notice to the paying agent. As part of the recently approved budget amendment, staff recommended utilizing a portion of excess General Fund reserves, along with the remaining proceeds from the 2015 Bolander property sale, to redeem all Series 201 OB securities. There are several advantages paying off these bonds immediately: BOARD OF TRUSTEES September 28, 2021 9  • The Village will save $362,663 in interest over the remaining life of the bonds (equivalent to one year's worth of payments) • The Village will reduce its subsidy to the Sports Complex annually by an average of $330,000 • With the Series 201 OB bonds paid off any proceeds from future Sports Complex property sales may be directed toward paying off the Series 2021 Indoor Sports Complex Bonds, which would further reduce the annual Sports Complex subsidy If approved by the Village Board, it is anticipated that the redemption will take place on November 1, 2021. Staff recommends that the Village Board adopt the ordinance authorizing the redemption of outstanding Series 201 OB bonds. President Johnson asked if there were any public comments, and there were none. Several Trustees offered support and thanked staff for their work on the item. President Johnson thanked Village Administrator Kelly Amidei for her leadership. Trustee Connell moved to approve item 11, and Trustee Love seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 12 - RESOLUTION NO. 21-R-143: A Resolution to Award a Contract to TGF Enterprises, Inc. for the Annual Contractual Snow Removal Services President Johnson noted that The Village contracts services for ice control and snow removal and ice control for certain parks, paths, the central business district sidewalks, Milwaukee Avenue sidewalk, commuter parking lots, the Sports Complex, etc. In accordance with the lease agreement with Canlan Sports, only the main access road at the Sports Complex will be included in the contract. In addition, due to the ongoing COVID-19 pandemic and the significant drop in ridership, ice control and snow removal operations will also be reduced at the three Metra station parking lots. The Location Maps are included. The Village re-bid the contract this year after revising the specifications to better account for extended snow storms and conditions of high amounts of accumulated snow. Staff received eight (8) contractor proposals at the bid opening held on September 10, 2021 (the bid tabulation is included). The lowest bid received was from Milieu Landscaping. However, the bid was deemed unresponsive because the required Bid Bond was not included as specified in the bidding documents. The lowest responsive bid for the total three years of pricing was from TGF Enterprises, Inc. TGF Enterprises has successfully performed this work for the Village in the past. BOARD OF TRUSTEES September 28, 2021 10 The Fiscal Year 2021/22 approved Annual Budget provides collective funding for contractual snow removal services for various locations throughout the Village. The funding breakdown is listed below: • $32,500 in the Commuter Parking Fund (Act.# 14-0000-7-713) • $11,500 in Central Business District Parking (Act.^ 01-1500-7-713) • $20,000 in the Sports Complex Fund (Act.# 60-6001 -7-714) • $42,500 in Parks Maintenance (Act.# 01-0701-7-713) Total: $106,500 The actual amount of the contract will be based on expended time and materials and will not exceed the FY 2021/22 budgeted funds of $106,500. TGF Enterprises, Inc. is in agreement with the contract amount being based upon the available budgeted funds. Staff recommends approval of the resolution to award the contract to TGF Enterprises, Inc. in the not-to-exceed amount of $106,500 for the Annual Contractual Snow Removal Services and authorize execution of the contract by the Village Administrator. President Johnson asked if there were any public comments, and there were none. Trustees Garrity, Hickey, and Love offered support for the item. Trustee Krummick offered comments. Trustee Love moved to approve item 12, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None PETITIONS AND COMMUNICATIONS President Johnson announced the following: • The Parks and Recreation Committee will meet at 6:00 p.m. on Tuesday, October 5, 2021. • The Human Relations Commission will NOT meet at 5:00 p.m. on Wednesday, October 6, 2021. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, October 1 1,2021. • The Village Board will meet at 8:00 p.m. on Tuesday, October 12, 2021 . VILLAGE ADMINISTRATOR UPDATE Kelly Amidei invited residents and Village Board members to attend the Fire Department Open House on October 2, 2021. BOARD OF TRUSTEES September 28, 2021 11  Trustee Adams thanked staff and mentioned the upcoming Libertyville High School Homecoming. Trustee Garrity offered regret that he would miss the upcoming ribbon-cutting event at Lumberjaxe Axe Lounge. Trustee Hickey stated he was looking forward to the upcoming ribbon-cutting event at Lumber] axe Axe Lounge. Trustee Krummick mentioned the upcoming Libertyville High School Homecoming. Tmstee Love thanked Jon Monroe for speaking to the safety concerns at the Milwaukee Avenue and Maple Avenue crosswalk. President Johnson offered praise for staff in their efforts to support various Village boards and commissions. ADJOURNMENT With no further business to come before Village Board, Trustee Adams moved to adjourn the meeting at 10:05 p.m., and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Respectfully submitted, ^"^^•c^€^. !_^>^ <=^C. /f"" Luke Stowe Village Clerk BOARD OF TRUSTEES September 28, 2021 12