Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES November 23, 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 Connell. President Johnson spoke about the passing of former Libertyville Police Chief Clint Herdegen. Mr. Herdegen served the Village with distinction as Police Chief from 2010 until his retirement in 2021. President Johnson asked for a moment of silence to honor Chief Herdegen. President Johnson honored staff members on the anniversaries of their service to the Village. President Johnson recognized Village Employees Eric Reckling, Michael Toll, Laura Ditanto, Kevin Hassnenauer, and Jeff Goodrich for their dedicated service. President Johnson presented a commendation to Police Officer David Gahgan for his heroic efforts in identifying a home engulfed in flames while on patrol near Milwaukee Avenue and Johnson Avenue. Officer Gahgan notified emergency dispatch and ensured residents were alerted and safe. ITEMS NOT ON THE AGENDA President Johnson asked if there were any public comments for items not on the agenda, and there were none. 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 26, 2021 Village Board Meeting C. Bills for Approval D. RESOLUTION NO. 21-R-162: A Resolution to Approve a Requested Display ofaMenorah in Cook Park E. RESOLUTION NO. 21-R-163: A Resolution to Approve a PACE Dial-A-Ride Agreement F. Police and Fire Pension Funds - Municipal Compliance Report and Tax Levy Request G. RESOLUTION NO. 21-R-164: A Resolution Approving an Intergovernmental Agreement with the Illinois Department of Public Health H. ORDINANCE NO. 21-0-91: An Ordinance Amending Section 26-5-4.3 of the Libertyville Zoning Code to Allow Tattoo Parlors as a Special Use in the C-3 Zoning District - Wynkoop Holdings, LLC, Applicant I. ORDINANCE NO. 21-0-92: An Ordinance Approving a Special Use Permit for a Tattoo Parlor (320 West Peterson Road) - Wynkoop Holdings LLC, Applicant J. ORDINANCE NO. 21-0-93: An Ordinance Granting a Variation from Section 26-13-9.2 of the Libertyville Zoning Code Regarding the Location of a Fence in a Comer Side Yard (1286 Oak Trail Drive) K. ORDINANCE NO. 21-0-94: An Ordinance Approving a Special Use Permit for a Fitness Center (1414 South Milwaukee Avenue) - Fitfoody Wellness LLC d/b/a Studio Elevate Fit, Applicant L. RESOLUTION NO. 21-R-165: A Resolution to Approve a Professional Services Agreement with Strand Associates Inc. for Construction Management Services for the Replacement of the Wastewater Treatment Plant Aeration Blowers and Diffusers M. ORDINANCE NO. 21-0-95: An Ordinance Vacating a Portion of an Unimproved Alley Adjacent to 750 Meadow Lane N. ARC Report 0. HPC 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 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 4 - REPORT OF THE PLAN COMMISSION PC 21-18, Amendment to the Zoning Map PC 21-19, Special Use Permit for a Planned Development PC 21-20, Planned Development Concept Plan PC 21-21, Preliminary Plat of Subdivision BOARD OF TRUSTEES November 23, 2021 2 President Johnson noted CHILM Libertyville Residential LLC and 1783 N. Milwaukee Parking LLC are co-applicants on requests for a Zoning Map change for a portion of the site from C-3 General Commercial District to R-7 Single Family Attached Residential District; Special Use Permit; Planned Development Concept Plan; and Preliminary Plat of Subdivision to allow for a redevelopment of approximately 15 acres at the southwest corner ofRte. 21 and Rte. 137. The project does not include the Wildberry Restaurant but includes the vacant land to the south and west and the parcel south of the Ace Hardware. The proposal includes the following: • Construction of additional parking for the Wildberry Restaurant; • Creation of a pad-ready commercial lot to the south of the Wildberry Restaurant; • Construction of a public road running south to north from Adler Drive to Rte. 137; and • Construction of 80 townhomes to the west of the new public road. The Plan Commission held public hearing sessions on the proposal on September 27, 2021 and November 8, 2021. The Commission discussed numerous topics on the proposal including storm water, traffic, design, landscaping, and density. It was the consensus of the Plan Commission to support the project as the land uses are consistent with the 2030 Comprehensive Plan. Details of the discussions are included in the attached Report of the Plan Commission and the transcripts of the hearing sessions. Motions to recommend Village Board ofTmstees approval passed with votes of 5 - 0, subject to the conditions listed in the attached Report. If the Village Board concurs with the recommendations, ordinances will be prepared for adoption at the December meeting. Community Development Director, John Spoden, spoke briefly about the process and the current status of the item. A representative for the applicant, Katrina McGuire, made a presentation. Another representative, Jim Olgaine also offered comments for the Board. President Johnson asked if there were any public comments on this item and there were several residents. Resident Mark Steinhauser spoke about concerns about traffic from the development, the height of the proposed structures, and residential access impact. Resident Maria Rojas spoke about concerns about the height of the proposed structures and the proposed road access adjacent to her commercial property. Resident Nancy Ryan suggested reductions in the height and density of the proposed housing units. Resident Joshua Platt offered concerns about potential density and traffic issues from the proposed development. Resident and President of District 70 school board, Wendy Schilling thanked the Mayor and the Village Administrator for their ongoing support of the school system. Ms. Schilling expressed concerns about the impact of the proposed development on Adler School capacity and the potential impact on taxpayers. President Johnson asked if there were any Board comments. Trustee Adams spoke about the due BOARD OF TRUSTEES November 23, 2021 3 diligence conducted by the Village in previous major developments and staff efforts to consider safety in any development. Trustee Garrity spoke to residents' concerns about traffic and density. President Johnson spoke about the current step in the process with the development and which processes still remain before potential final approval. Trustee Hickey thanked commission members and staff members and spoke about various issues including attainable housing. Trustee Kmmmick spoke about concerns about density versus the comprehensive plan as well as long- term plans for commercial use in the immediate area. Trustee Love spoke about concerns of potential commercial and residential traffic conflicts and suggested alternating designs instead of just one design. Trustee Connell spoke about the comprehensive plan and traffic issues. President Johnson spoke about her confidence in Village staff to address concerns raised by stakeholders. President Johnson spoke about strengths in the proposed development and items which could be improved. Trustee Garrity mentioned that the development will also involve the Illinois Department of Transportation. President Johnson asked for a motion on PC 21-18 with the following conditions: • 1) That the ordinance for the approval of the amendment to the zoning map not be adopted by the Village Board until after the Village Board approves the planned development final plan and final play of subdivision • 2) That the applicant submit a plat of rezoning exhibit that defines the residential parcel and commercial parcels with legal descriptions at the time of planned development final plan and final plat of subdivision submission. • 3) That the proposed new road be incorporated into the commercial zoning district. Trustees Hickey and Garrity asked for clarification. Attorney Passman offered guidance to the Board. Trustee Love moved to approve item PC 21-18, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None President Johnson asked for a motion on PC 21-19 with the following conditions: • 1) That upon approval of the planned development final plan and final plat of subdivision the village board of trustees shall approve a pay in lieu fee of providing attainable housing for up to 12 units (15% of 80 townhome units) and this fee shall be incorporated into a development agreement to be approved by the Village Board at time of adopting the relative ordinances and resolutions. The amount of the fee shall be subject to review and BOARD OF TRUSTEES November 23, 2021 4  recommendation by the Village Administrator and final approval by the Village Board of trustees. Trustee Hickey added, "or the inclusion of six hard attainable units." • 2) Trustee Garrity offered the approval by the Illinois Department of Transportation of the road connection at Route 137 with right turn in and right turn out as proposed. The applicant asked for clarification on the Illinois Department of Transportation approval. President Johnson and Attorney Passman clarified the applicant's question. Trustee Garrity moved to approve item PC 21-19, and Trustee Hickey seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None President Johnson asked for a motion on PC 21-20 with the following conditions: 1. That the following items be submitted for village staff review at the time of planned development final plan and final plat application submission: a) That a further detailed constmction/phasing plan be submitted and reviewed and approved by the director of community development. Said construction/phasing plan shall incorporate the entire planned development area including the residential development, the Wildberry restaurant parking lot expansion and the grading and seeding of the vacant commercial lot south of the Wildberry restaurant, lot 19 as shown on the proposed plat of subdivision. b) That the intersection of the new public road, Wildberry Lane, and Adler drive be configured to reflect the Liberty ville 2030 comprehensive plan concept plan and as shown in the applicant's alternate intersection design in Pearson, Brown & Associates, Inc. preliminary engineering for 1783 N. Milwaukee Parking, LLC drawing geometric plan sheet number 4 labeled alternate intersection plan. c) That the applicant provide revised sight line location exhibits to include the proposed landscaping and fencing screening cross sections for both along the west property line and along the south property line. d) In addition to meeting the requirements of municipal code section 22-56 (form and contents of final plat), the final plat and final engineering plans shall identify the location of all proposed utilities necessary to serve the proposed subdivision and demonstrate that sufficient easements are provided to serve the utilities, in accordance with the requirements of municipal code section 22-54 (form and contents of preliminary plat). e) The comments within the DRC staff report dated November 1, 2021, including all referenced review comments provided by consultants, shall be satisfactorily addressed. f) The satisfactory documentation be provided confirming concurrence from the Illinois BOARD OF TRUSTEES November 23, 2021 5  department of transportation on the location and type of the proposed access to Illinois Route 137. 2. That the following item be completed prior to village execution of the final plat: a) The final plat shall be approved and executed by the Illinois Department of Transportation. 3. That the following items be addressed prior to final engineering approval or the issuance of any site development permit: a) A development agreement between the petitioners and the village shall be approved by the village board of trustees by way of resolution, and shall be fully executed and recorded with the lake county recorder of deeds. b) Declarations of protective covenants, conditions, and restrictions shall be established for the residential and commercial components of the subdivision in a manner satisfactory to the village and shall be executed and recorded with the lake county recorder of deeds. 4. that the following items be conditions of an ordinance to approve the final plat: a) Prior to the issuance of temporary occupancy, the installation of the public road improvements shall be completed in accordance with the approved final engineering plans, except if only the surface course remains to be placed. b) Prior to the issuance of temporary occupancy, property owners' associations shall be established for the residential and commercial components of the subdivision. c) Prior to temporary occupancy, a private water main maintenance agreement between the petitioners and the Village shall be approved by the village board of trustees by way of resolution and shall be fully executed and recorded with the Lake County Recorder of Deeds. 5. At the time the Wildberry restaurant parking lot expansion is constructed, and at the time the vacant commercial lot 19 is developed with a new commercial land use, the following shall apply: a) The minimum 10% interior parking lot landscaping shall be required as part of the development of both commercial lots as a whole. This shall include lots 18 and 19 in the new plat of subdivision. b) The maximum permitted lot coverage shall be calculated as part of the development of both commercial lots as a whole, this shall include lots 18 and 19 as shown in the new plat of subdivision, the overall lot coverage shall not exceed 85%. The Mayor and several Trustees continued conversation with advice from Attorney Passman. The applicant offered some comments on the discussion. Two Libertyville residents near the development spoke about potential parking expansion as well as the proposed detention pond. BOARD OF TRUSTEES November 23, 2021 6 Trustee Love asked staff questions about the detention pond. Trustees Garrity, Hickey, Connell, Adams, and Krummick offered comments. Staff answered questions raised by the Trustees. Trustee Love moved to approve item PC 21-20, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Love, and Connell NAYS: Hickey and Kmmmick President Johnson asked for a motion on PC 21-21: The Plan Commission of the Village ofLibertyville, Lake County, Illinois is recommending to the Village President and the Board of Trustees, that this application for a preliminary plat of subdivision for property approximately 15.3 acres in order to construct a townhome development, expand and improve the parking area for a restaurant, and to mass grade and make pad-ready a commercial parcel for property currently located in a c-3 general commercial district be approved. Trustee Love moved to approve item PC 21-21, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Love, and Connell NAYS: Hickey and Krummick 5 - ORDINANCE NO. 21-0-96: An Ordinance Amending the Liquor Code to Create a Class A-2 Liquor License and Increase the Number of Class A-2 Licenses President Johnson noted Kimberly Schlicksup, owner of The Joyful Gourmet located at 542 N. Milwaukee Avenue has requested a liquor license. She met with the Mayor and Police Chief to discuss the option of obtaining a liquor license for a Wine and Beer Bar with a demonstration kitchen for cooking classes. This license would allow for the sale of alcohol for consumption on the premises and for the retail sale of alcohol off premises in its original packaging. The attached ordinances would amend the Municipal Code and: (1) create a Class A-2 License for a Wine Bar with demonstration kitchen; and (2) increase the number of A-2 licenses to one, in order to allow the Mayor/Liquor Commissioner to then issue a Class A-2 Liquor License to The Joyful Gourmet. The Mayor and Village staff recommend approval of the attached ordinance. President Johnson asked if there were any public comments, and there were none. The applicant was present for any questions. Trustees Adams, Garrity, Hickey, Krummick, and Connell supported the item. BOARD OF TRUSTEES November 23, 2021 7 Trustee Connell moved to approve item 5, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 6 - ORDINANCE NO. 21-0-97: An Ordinance to Amend the Annual Fee Schedule of the Libertyville Municipal Code President Johnson noted prior to the beginning of each fiscal year, the Village Board adopts an updated fee schedule for various municipal services. The current Municipal Code does not allow for a fee of the adoption of a Class A-2 Liquor License. The attached amendment to the Annual Fee Ordinance amends the fee schedule to include the fees associated with the cost of a A-2 liquor license. The fee for an A-2 Liquor License is recommended to be $2,500. President Johnson asked if there were any public comments, and there were none. Trustee Garrity offered support of the item. Trustee Garrity moved to approve item 6, and Trustee Love seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 7 - Tax Levy Public Hearing - 2021 Tax Levy On November 9, 2021, the Village Board met as a Committee of the Whole to discuss the 2021 property tax levy. The Corporate levy funds fire protection, streets and bridges, recreation and parks, pensions, and other government services. Based upon review of several options, the Committee recommended a Corporate levy in the amount of $6,898,283. This represents a 1.988% increase over last year's extension. While not subject to a cap, the Tax Year 2021 proposed property tax levy for Special Recreation is $250,000. For General Obligation Bonds, the amount is $1,661,080 after abatements. BOARD OF TRUSTEES November 23, 2021 8 During the November 9, 2021 Village Board meeting, the Board adopted Resolution 21-R-159 which formally estimated the total property taxes levied for Tax Year 2021 to be $10,936,131 and the estimated amount to be extended after debt service abatements to be $8,809,363. The impact on a $500,000 home is an approximately $9 (0.8%) increase compared to last year. The Village portion of a taxpayer's total property tax bill is about 9%. The Village also administers two special service areas (SSA's). The Timber Creek Special Service Area (SSA) was established to provide a funding mechanism to maintain outlets A, C and E, the directional sign, and the retention basins within the subdivision. At the Committee of the Whole meeting on November 9,2021, the Village Board estimated a 2021 SSA tax levy for Timber Creek in the amount of $21,140. As there are no significant changes in expenses planned for the 2022- 2023 Budget, the current levy amount will remain the same for tax year 2021 . The fund balance in this fund is estimated to be $84,336 as of April 30, 2022. The Concord at Interlaken SSA was established to maintain the perimeter landscaping screening, fence, water detention basins, signage, and outlot A within this subdivision. At the Committee of the Whole meeting on November 9, 2021, the Village Board estimated a 2021 SSA tax levy for Concord at Interlaken in the amount of $23,040. As there are no significant changes in expenses planned for the 2022-2023 Budget, the current levy amount will remain the same for tax year 2021. This levy is assessed evenly on a per lot basis over the entire 90 lots in the subdivision as approved by the Village Board in November 1999. The fund balance in this fund is estimated to be $64,054 as of April 30, 2022. Since the Village's levy increase is not in excess of 105% of the previous year's extension, a Truth- in-Taxation hearing is not required by law. However, based on past practice, the Village holds a public hearing concerning the proposed tax levy to allows taxpayers an opportunity to provide comments. Following the Public Hearing, staff will prepare the appropriate ordinances adopting the Tax Year 2021 property tax levy for consideration at the December 14, 2021 Village Board Meeting. The attached information provides additional details about the tax levy process and other information that was considered in determining the proposed levy. BOARD OF TRUSTEES November 23, 2021 9 VILLAGE ADMINISTRATOR UPDATE No update PETITIONS AND COMMUNICATIONS President Johnson announced the following: • The Village Hall and all Village non-emergency offices will be closed on Thursday, November 25th and Friday, November 26th, 2021 due to the Thanksgiving holiday. • The annual Tree Lighting Ceremony will be held at 6:30 p.m. on Friday, November 26, 2021. • The Committee of the Whole will meet at 6:30 p.m. on Tuesday, November 30, 2021. • The Human Relations Commission will NOT meet at 5:00 p.m. on Wednesday, December 1,2021. • The Second Annual Santa Parade will be held on Saturday, December 4, 2021 beginning at 3:30 p.m. • The Parks and Recreation Committee will meet at 6:00 p.m. on Tuesday, December 7, 2021. • The Plan Commission/Zoning Board of Appeals will meet at 7:00 p.m. on Monday, December 13,2021. • The Bicycle Advisory Commission will meet at 5:00 p.m. on Tuesday, December 14,202 1. • The Committee of the Whole will meet at 6:30 p.m. on Tuesday, December 14, 2021. • The Village Board will meet at 8:00 p.m. on Tuesday, December 14, 2021. ADJOURNMENT Trustee Connell moved to enter into executive session per 5 ILCS 120/2(c)(21) and 5 ILCS 120/2(c)(6) at 10:52 p.m., 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 Love moved to leave executive session and return to the regular board meeting at 11:35 pm, and Trustee Garrity seconded. BOARD OF TRUSTEES November 23, 2021 10 With no further business to come before Village Board, Trustee Love moved to adjourn the meeting at 11:36 p.m., and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Respectfully submitted, .uke Stowe Village Clerk BOARD OF TRUSTEES November 23, 2021 11