Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES November 9, 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, Dan Love, and James Connell. Matthew Krummick was absent. President Johnson spoke about local veterans and their dedicated service to their country and their community. President Johnson read aloud names of veterans who have passed away. President Johnson asked for a moment of silence for fallen veterans. President Johnson also read a proclamation honoring local veterans. President Johnson offered gratitude for senior veterans who were in attendance as well as village staff who have served. Trustee Connell read a poem about veterans for those in attendance. President Johnson read a proclamation honoring longtime resident and veteran Donald Carter. President Johnson presented and thanked staff and residents who helped the Village secure the Daniel Burnam award. ITEMS NOT ON THE AGENDA President Johnson asked if there were any public comments for items not on the agenda. Resident Tom Erickson spoke about his concerns about the permit process. President Johnson offered comments and asked questions. OMNIBUS VOTE AGENDA President Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for a separate discussion. No items were requested to be removed. A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the October 12, 2021 Village Board Meeting C. Bills for Approval D. RESOLUTION NO. 21-R-158: A Resolution Accepting Vehicle Sticker Processing Agreements with Third Millennium Associates, Inc. for the Purposes of Providing Data and Payment Processing Services Associated with the Production, Mailing, and Online Payment of Vehicle Licenses E. ORDINANCE NO. 21-0-88: An Ordinance to Amend the Fee Ordinance - Lake County Sewer Connection Fees F. ARC Report Trustee Adams 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, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None 4 - REPORT OF THE PLAN COMMISSION PC 21-29, Text Amendment to Section 26-5- 4.3 and PC 21-30, Special Use Permit Private Ink, Applicant 320 W. Peterson Road President Johnson noted at the October 25, 2021 meeting, the Plan Commission held a public hearing on a request to amend the Zoning Code to allow Tattoo Parlors as a Special Use in the C- 3 General Commercial District. A subsequent request was heard to allow Private Ink to occupy Brookside Shopping Center at 320 W. Peterson Road. The Plan Commission debated the merits of the proposal and noted that Private Ink is currently located at 333 W. Peterson Road and is grandfathered in due to previous codes. The consensus was to recommend Tattoo Parlors, but only as a Special Use to require a public hearing on each request. In addition, the Plan Commission concurred with the Special Use Permit request for 320 W. Peterson Road. Motions to recommend Village Board of Trustees approval of the Text Amendment and Special Use Permit passed with votes of 4 - 2, with dissenters noting a concern of this land use in the C-3 District. President Johnson asked if there were any public comments, and there were none. A representative for the owner of the property was available to address any questions or comments. President Johnson and Trustee Hickey asked staff questions about the zoning. Tmstees Adams, Garrity, and Hickey offered support for the item. Trustee Adams moved to approve item 4 (both portions), and Trustee Hickey seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None 5 - REPORT OF THE ZONING BOARD OF APPEALS ZBA 21-19, Variation for a Fence BOARD OF TRUSTEES November 9, 2021 2 President Johnson noted the property owner at 1286 Oak Trail Drive is requesting a variation to allow installation of a fence in front of the rear building line on a comer lot. The Zoning Board of Appeals held a public hearing on the request and noted that the house is stair-stepped as the western portion of the house is further north than the eastern portion. This layout creates an area that could not be fenced in with current Code requirements. Members of the Zoning Board of Appeals concurred with the request. A motion to recommend Village Board of Trustees approval passed with a vote of 6 - 0. President Johnson asked if there were any public comments, and there were none. Trustees Adams, Garrity, Hickey, and Love supported the item. Trustee Hickey moved to approve item 5, and Trustee Comiell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None 6 - REPORT OF THE PLAN COMMISSION PC 21-26, Special Use Permit Fitfoody Wellness is proposing to locate in Red Top Plaza at 1414 S. Milwaukee Avenue. As a physical fitness studio is a Special Use in the C-4 Shopping Center Commercial District, the Plan Commission held a public hearing on the proposal at the October 25, 2021 meeting. Members of the Plan Commission found the use appropriate for the site and recommended approval of the Special Use Permit, subject to the following development conditions: 1) That any outdoor classes, training or events be prohibited at the site; and 2) That any drop-offor pick-up in the abutting Fire Lane be prohibited. A motion to recommend Village Board of Tmstees approval passed with a vote of 6 - 0. President Johnson asked if there were any public comments, and there were none. The owner was present and offered comments. Trustees Adams, Garrity, Hickey, Love, and Connell offered support of the item. Trustee Adams moved to approve item 6, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None BOARD OF TRUSTEES November 9, 2021 3 7 - ORDINANCE NO. 21-0-89: An Ordinance Granting a Variation from Section 26-11-14 of the Libertyville Zoning Code for Two Wall Signs (1980 Kelley Court) - Holladay Properties, Inc., Applicant President Johnson noted the attached ordinance would approve a variation for two wall signs at 1980 Kelley Court. The Village Board of Trustees had previously adopted ordinances to approve a ground sign and wall sign at the new hotel at 1980 Kelley Court. The Village Board had indicated its support for an additional sign on the south facade if the sign could meet Code for maximum permitted sign area. The petitioner has returned with a 32 square foot sign for the south facade. Accordingly, the attached ordinance has been drafted for Village Board adoption. Staff recommends the Village Board approve the attached ordinance. President Johnson asked if there were any public comments, and there were none. A representative was present to address any questions or comments. Trustees Garrity, Hickey and Love supported the item. President Johnson offered comments. Trustee Connell moved to approve item 7, and Trustee Hickey seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None 8 - RESOLUTION NO. 21-R-159: A Resolution Determining Amounts of Money to Be Raised Through Ad Valorem Property Taxes The Illinois Truth-in-Taxation Act (35 ILCS 200) requires that not less than twenty (20) days prior to the adoption of its aggregate levy, the Village Board makes a formal (though non-binding) estimate of the amount of property taxes to be levied by the Village. On November 9, 2021, the Village Board Committee of the Whole/Finance Committee discussed the proposed tax levy and considered several options. The Committee elected to recommend a Tax Year 2021 (payable in 2022) tax levy of $10,936,131 in aggregate and $8,809,363 after debt service abatements. The Village Board will hold a public hearing on the tax levy on November 23, 2021 and will consider adoption of the 2021 property tax levy on December 14, 2021. BOARD OF TRUSTEES November 9, 2021 4 As in past years, in advance of the public hearing on November 23, 2021, the Village will post an updated version of its Tax Levy Information Guide on the Financial Information page of its website. This document will also be included as an attachment to the public hearing agenda materials. President Johnson asked if there were any public comments, and resident Lisa Rodey asked questions about the item. President Johnson answered the questions. Trustees Adams, Garrity, Hickey, and Love supported the item. Trustee Hickey moved to approve item 8, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None 9 - RESOLUTION NO. 21-R-160: A Resolution to Approve the First Amendment to the Agreement for Sewage Disposal with the County of Lake President Johnson noted the Village approved the Agreement for Sewage Disposal ("Agreement") with the County of Lake ("County") by the passage of Ordinance 10-0-102. The Agreement became effective on October 10, 2010. The billing structure for the Agreement is fixed rate with usage expressed in terms of Residential Customer Equivalents (RCEs). The Village of Green Oaks, who is a customer of the County, made a request to utilize a billing structure based upon actual water usage for the new Senior Lifestyles development. The Senior Lifestyles development is tributary to the Village's wastewater treatment plant and therefore is included in the number of RCEs that the Village charges the County for sewage treatment. This matter was discussed before the Village's former Water & Sewer Committee on February 9,2021. It was the recommendation of staff and the Committee to not make a single exception to the billing structure of the Agreement, but to work with the County to revise the billing structure from fixed rate to actual metered water usage for all customers. The Village and County then worked with their respective rate study consultants to determine rates based on water usage expressed in 1,000 gal that were revenue neutral. The attached proposed First Amendment to the current Agreement contains fees based upon actual water usage that are revenue neutral. The proposed County fee for sewage transport is $1.38/1,000 gal. The proposed Village fee for sewage treatment is $9.80/1,000 gal. Staff recommends adoption of the attached resolution to approve the First Amendment to the Agreement for Sewage Disposal with the County of Lake and authorize execution by the Village BOARD OF TRUSTEES November 9, 2021 5 President. President Johnson asked if there were any public comments, and there was none. Trustees Garrity, Hickey, and Connell supported the item. Trustee Garrity moved to approve item 9, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None 10 - RESOLUTION NO. 21-R-161: A Resolution to Award a Construction Contract for the Wastewater Treatment Plant Aeration Blowers & Diffusers Replacement Project to Independent Mechanical Industries, Inc. President Johnson noted the Village's wastewater treatment plant has three existing 125 horsepower (hp) centrifugal aeration blowers that were installed in 1 975 and are now well beyond their useful service life and necessitate replacement at this time. The aeration blowers are a critical component of the biological treatment process for the sewage influent. The replacement of the aeration diffusers and segments ofcorroded aeration piping are also be included in the project. The new equipment will include high-speed, high-efficiency turbo blowers and fine bubble diffusers. The Village's Capital Improvement Plan (CIP) has allocated $1,027,500 in FY 2022 and FY 2023 (for a total amount of $2,055,000) for the project. Please refer to the attached CIP project sheet. The Village retained the consulting firm of Strand Associates, Inc. to design the project, obtain the required permits and solicit competitive contractor bids. Four bids for the project were received and opened on October 27, 2021. The lowest responsible bidder was Independent Mechanical Industries, Inc. with a total bid amount of $1,170,000. The bids received are summarized below and the complete Bid Tabulation is also attached. Bidder Base-Bid & Bid Alternative No. 1 Independent Mechanical Industries, Inc. $1,1 70,000 Boiler Construction Company, Inc. $1,530,800 Joseph J. Henderson & Son, Inc. $ 1,606,000 Thieneman Construction, Inc. $1,746,000 The Fiscal Year 2021/22 Annual Budget provides $1,027,500 in the Utility Capital Improvement Fund (Account^ 20-2024-6-750) for the first of two years for the phased project. Approximately $981,500 is still available to date following the engineering design costs paid to Strand Associates, BOARD OF TRUSTEES November 9, 2021 6 Inc. It is recommended by staff and Strand Associates, Inc. to also complete the ventilation improvements (Bid Alternative No. 1) in addition to the base-bid work. This results in a proposed contract amount of $1,170,000. It is also anticipated that the Village will be eligible for an approximate $38,000 ComEd energy reducing incentive at the conclusion of construction for the project. Staff and the project consultant, Strand Associates, Inc., recommend approval of the attached resolution to award the contract for the wastewater treatment plant aeration blowers & diffusers replacement project to Independent Mechanical Industries, Inc. in the amount of $1,170,000 and authorize execution of the Contract by the Village Administrator. President Johnson asked if there were any public comments, and there was none. Trustees Adams, Garrity, and Hickey supported the item. Trustee Hickey moved to approve item 10, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None 11 - ORDINANCE NO. 21-0-90: An Ordinance Vacating Unimproved Right-of-Way adjacent to 535 N. St. Mary's Road President Johnson noted the Village recently received a request from the owner at 535 N. St. Mary's Road for the vacation of the unimproved right-of-way (40-feet in width) located adjacent to the property. A Location Map is attached. The Village staff recommends approval of the attached ordinance, subject to the owner remitting the $200.00 vacation application fee. President Johnson asked if there were any public comments, and there was none. Trustee Garrity asked staff questions. Trustee Connell moved to approve item 11, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None BOARD OF TRUSTEES November 9, 2021 7 PETITIONS AND COMMUNICATIONS President Johnson announced the following: • The TIF Joint Review Board will meet at 4:00 p.m. on Wednesday, November 1 0,2021. • There will be a ribbon cutting ceremony for the newly installed playground at Charles Brown Park on Thursday, November 11, 2021, at 11:00 a.m. • The Libertyville Police Department will hold its annual Cram the Cruiser event at Sunset Foods on Saturday, November 13, 2021, from 8:00 a.m. to 1:00 p.m. • The Libertyville Police Department will hold its annual Cram the Cruiser event at Jewel Osco on Sunday, November 14, 2021, from 8:00 a.m. to 1:00 p.m. • The Fireflghter's Pension Fund Board will meet at 8:30 a.m. on Monday, November 15, 2021. • The Appearance Review Commission/Historic Preservation Commission will meet at 5:00 p.m. on Monday, November 15, 2021. • There will be a Highlands Subdivision Flood Reduction Project Stakeholders meeting from 4:00 p.m. to 7:00 p.m. on Tuesday, November 16, 2021 at the Libertyville Civic Center, 135 W. Church Street. • The Economic Development Commission will meet at 7:3 0 a.m. on Wednesday, November 17,2021. • The Sustain Libertyville Commission will meet at 4:00 p.m. on Wednesday, November 17, 2021. • The Libertyville Arts Commission will meet at 2:00 p.m. on Monday, November 22,2021. • The Plan Commission/ZBA will meet at 7:00 p.m. on Monday, November 22, 2021. • The Public Works Committee will NOT meet at 7:00 p.m. on Tuesday, November 23, 2021. • The Village Board will meet at 8:00 p.m. on Tuesday, November 23, 2021 . Tmstees Adams, Garrity, and Hickey, offered everyone a Happy Veterans Day. Trustee Love thanked the staff. President Johnson thanked staff for Veterans Days efforts as well as the Daniel Burnam award. ADJOURNMENT Trustee Connell moved to enter into executive session per 5 ILCS 120/2(c)(21) at 9:23 p.m., and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None BOARD OF TRUSTEES November 9, 2021 8 Trustee Garrity moved to leave executive session and return to the regular board meeting at 9:3 2pm, and Trustee Adams seconded. With no further business to come before Village Board, Trustee Adams moved to adjourn the meeting at 9:33 p.m., and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Love, and Connell NAYS: None Respectfully submitted, Luke Stowe Village Clerk BOARD OF TRUSTEES November 9, 2021 9