Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES December 14,2021 President Johnson called to order a meeting of the Board ofTmstees at 8:09 p.m. Those present were: President Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Hickey, Matthew Krummick, Dan Love, and James Connell. President Johnson recognized Dr. Denise Herrmann, Superintendent of District 128, Lisa Hessel, President of District 128 Board of Education, and Casey Rooney, District 128 Board of Education Member. Superintendent Herrmann spoke about her work and involvement in the community. President Johnson praised Superintendent Herrmann for her leadership and the efforts of her team. President Hessel spoke about the community and the important partnership between District 128 and the Village. President Johnson announced the appointment of Margaret Resnick as Recreation Director for the Village. Several Trustees spoke in support of the appointment. Trustee Garrity moved to approve the appointment of Margaret Resnick as Recreation Director, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None ITE]MS NOT ON THE AGENDA Dan Timm, Libertyville Real Estate Broker, spoke about concerns about certain properties on West Ellis Avenue and Wheeler Court in Libertyville. Mr. Timm shared some photos of the properties in question. President Johnson asked staff questions and staff spoke about the status of the properties in question. President Johnson offered to continue to work on the issue and report progress to Mr. Timm. OMNIBUS VOTE AGENDA President Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for a separate discussion. President Johnson asked that item 31 be removed from the agenda. Attorney Passman offered clarification on two agenda items. Trustee Adams stated he would recuse himself from voting on item 3C. Trustee Kmmmick requested item 3K be removed from the Omnibus Vote Agenda. Trustee Hickey asked about an item on the bills list and Administrator Amidei answered the question. A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the November 9, 2021 Village Board Meeting D. RESOLUTION NO. 21-R-166: A Resolution to Approve the Schedule of Regular Meetings for 2022 E. RESOLUTION NO. 21-R-167: A Resolution Approving the Release of Certain Written Minutes and the Destruction of Verbatim Records of Certain Closed Meetings of the Village Board of Trustees F. RESOLUTION NO. 21-R-168: A Resolution for Maintenance Work within State Rights-of- Ways G. Community Rating System (CRS) Annual Report Requirement H. RESOLUTION NO. 21-R-169: Consideration of an Amendment to Economic Incentive Agreement - 1620 Milwaukee, LLC and McGrath 1620, Inc (d/b/a McGrath Acura of Liberty ville) - 1620 S. Milwaukee Avenue J. RESOLUTION NO. 21-R-171: A Resolution Authorizing the Village to Participate in the National Opioid Settlements 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, Krummick, Love, and Connell NAYS: None 3C - Bills for Approval Trustee Garrity moved to approve item 3C, and Trustee Connell seconded. President Johnson asked if there was any further discussion and there was none. The motion carried on roll call vote as follows: AYES: Trustees Garrity, Hickey, Krummick, Love, and Connell NAYS: None BOARD OF TRUSTEES December 14, 2021 2 ABSTAIN: Adams 3K - ORDINANCE NO. 21-0-98: An Ordinance Approving a Preliminary Plat of Subdivision, Development Concept Plan, and Special Use Permit for a Planned Development (1761 and 1765 N. Milwaukee Avenue) Trustee Love moved to approve item 3K, and Trustee Adams seconded. President Johnson asked if there was any further discussion and there was none. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Love, and Connell NAYS: Hickey and Krummick 4 - REPORT OF THE ZONING BOARD OF APPEALS ZBA 21-11, Variation for Signage McGrath Acura of Libertyville, Applicant 1620 S. Milwaukee Avenue President Johnson noted that McGrath Acura is currently renovating the property at 1620 S. Milwaukee Avenue. Included in the renovation are three (3) proposed signs for the site. The petitioner appeared before the Zoning Board of Appeals at the November 22, 2021 meeting. Members of the Zoning Board of Appeals supported the variation to increase the maximum number of signs from two (2) to three (3). A motion to recommend Village Board of Trustees approval passed with a vote of 5 - 0. Staff notes that the petitioner also applied for a variation to increase the maximum sign area for a freestanding sign from 140 square feet to 160 square feet. However, it was noted after the hearing that a three (3) foot tall base was inadvertently added to the total. Removing the base from the calculation brings the sign into conformance at 136 square feet. Accordingly, a variation for an increase in sign area is not required. The only action necessary is Village Board concurrence on the design of the sign William Holly from Bright Light Signs was present to speak to this item. President Johnson asked several questions. President Johnson asked if there was any public comment and there was none. Trustee Adams offered support for the item. Trustee Garrity asked staff some questions about tree plantings at this property. Staff spoke to the questions regarding the plantings. President Johnson asked staff additional questions. Trustees Hickey and Krummick asked the representative and staff questions. Trustee Love thanked Acura for its business in the community. Trustee Connell offered support for the item. Tmstee Adams moved to approve item 4, and Trustee Love seconded. The motion carried on roll call vote as follows: BOARD OF TRUSTEES December 14,2021 3 AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 5 - ORDINANCE NO. 21-0-99: An Ordinance to Approve the 2021 Property Tax Levy President Johnson noted the November 9, 2021 Committee of the Whole meeting, the Village Board reviewed scenarios for establishing the 2021 tax levy. At the meeting of the Village Board on November 9, 2021, the Board adopted Resolution No. 21-R-159, formally estimating the 2021 tax levy. A public hearing was held on November 23, 2021 to solicit public input on the proposed levy. During the process, and after evaluating several options, the Village Board directed staff to prepare a 2021 tax levy totaling $10,936,131 which after all abatements will be $8,809,363, or a 1.39% increase over the 2020 extended levy. The tax levy includes funding for repayment of the voter- approved road bonds that were issued in 2012, 2013, 2014 and 2015 (the 2012 and 2013 issuances were refunded to lower rate securities in 2021). The attached ordinance establishes a 2021 tax levy of $10,936,131. President Johnson asked if there were any public comments, and there were none. Trustee Hickey supported the item. Trustee Hickey moved to approve item 5, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Cormell NAYS: None 6 - ORDINANCE NO. 21-0-100: An Ordinance to Approve the 2021 Concord at Interlaken Special Service Area Tax Levy President Johnson noted on June 10, 1997, the Village Board adopted Ordinance 97-0-43 establishing the Concord at Interlaken Special Service Area. The special service area was created for the operation, upkeep, maintenance, repair and renewal of the storm water detention facility and associated landscaping, the public directional sign and associated landscaping, and the perimeter landscape screening and fencing necessary to serve the Concord at Interlaken subdivision and Lot A. BOARD OF TRUSTEES December 14,2021 4 The 2021-2022 Budget appropriated $25,660 for the above referenced purposes. The budget amendment adopted by the Village Board on September 28, 2021 made no changes to the originally budgeted expenditures in the Concord at Interlaken Special Service Area Fund. The attached ordinance levies $23,040 for the Concord at Interlaken Special Service Area. The property tax will be assessed on a per lot basis per Ordinance 98-0-83, approved by the Board on November 10, 1998. Each home will be assessed approximately $256, which represents no change from the 2020 extended tax levy. The fund balance in this fund is estimated to be $64,054 as of April 30, 2022. President Johnson asked if there were any public comments, and there were none. Trustee Garrity asked staff questions. Trustee Connell moved to approve item 6, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Kmmmick, Love, and Connell NAYS: None 7 - ORDINANCE NO. 21-0-101: An Ordinance to Approve the 2021 Timber Creek Special Service Area Tax Levy President Johnson noted that on May 24, 1994, the Village Board adopted Ordinance 94-0-17 establishing the Timber Creek Special Service Area. The special service area was created for the operation, upkeep, maintenance, repair and renewal of the monument style entrance sign, the storm water management retention basins necessary to serve the Timber Creek subdivision and outlets A, C and E. In March of 1997, the Timber Creek SSA was enlarged to include the maintenance of a strip of land within the IL Route 137 right of way. The 2021-2022 Village Budget appropriated $21,140 for the above referenced purposes. The budget amendment adopted by the Village Board on September 28, 2021 made no changes to the originally budgeted expenditures in the Timber Creek Special Service Area Fund. The attached ordinance levies $21,140 for the Timber Creek Special Service Area. This represents no change from the prior year levy. The fund balance in this fund is estimated to be $84,336 as of April 30, 2022 President Johnson asked if there were any public comments, and there were none. Trustee Love moved to approve item 7, and Trustee Hickey seconded. The motion carried on roll call vote as follows: BOARD OF TRUSTEES December 14, 2021 5 AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 8 - Resolutions Abating Taxes for Payment of Principal and Interest on 2015B General Obligation Alternate Revenue Source Bonds, 2021 General Obligation Alternate Revenue Source Bonds, and 2021B General Obligation Alternate Revenue Source Bonds President Johnson noted the 2021 Tax Levy includes $2,126,767.50 for principal and interest payments on the following bond issuances: • RESOLUTION NO. 21-R-172: 2015B General Obligation Alternate Revenue Source Bonds (Water & Sewer, $463,612.50); • RESOLUTION NO. 21-R-173: 2021 General Obligation Alternate Revenue Source Bonds (Sports Complex, $1,121,355.00); and • RESOLUTION NO. 21-R-174: 2021B General Obligation Alternate Revenue Source Bonds (Water & Sewer, $541,800.00). The attached resolutions abate the entire portion of the 2021 levy for these bonds. The alternate revenue sources used to pay the debt service on the Sports Complex bonds are Sports Complex revenues supplemented by sales tax. The Water & Sewer bonds utilize water and sewer charges as their alternate revenue source. President Johnson asked if there were any public comments, and there were none. Trustee Hickey asked staff to speak to the item. Trustee Adams moved to approve item 8 - 2015B Bonds, and Trustee Love seconded. The motion carried on roll call vote as follows: AYES: Tmstees Adams, Garrity, Hickey, Kmmmick, Love, and Connell NAYS: None Trustee Hickey moved to approve item 8 - 2021 Bonds, and Trustee Love seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Trustee Hickey moved to approve item 8 - 2021B Bonds, and Trustee Connell seconded. The motion carried on roll call vote as follows: BOARD OF TRUSTEES December 14,2021 6 AYES: Trustees Adams, Garrity, Hickey, Kmmmick, Love, and Connell NAYS: None 9 - RESOLUTION NO. 21-R-175: A Resolution to Approve a Contract with Trees "R" Us, Inc. for Annual Tree Pruning Services President Johnson noted each year the Village seeks contractual services to complete tree pruning of Village owned trees. This pruning work is normally completed in a 5-year cycle, but the economic impacts due to the COVID-19 pandemic resulted in deferring pruning in 2020. This year the tree pruning work will continue in the center and northwest sections of the Village, with the majority of pruning occurring in the area described as; north of Route 176, west of Milwaukee Ave. and south of the Metra railroad tracks. This schedule will allow for a four-year cycle for pruning. Staff solicited competitive sealed bids for three years of pricing and received two responses at the bid opening held on November 29,2021 .The lowest responsive bid was received by Trees "R" Us, Inc. in the amount of $79,150. The bid summary is below. The bid tabulation is attached for further detailed information and examination. The proposed contract contains a renewal clause for up to two additional years, subject to Village Board approval. Contractor 2021 Bid 2022 Bid 2023 Bid Total Trees "R" Us, Inc. $79,150 $79,950 $80,750 $239,850 Robert Kinnucan Tree Experts and Landscaping Company, Inc. $121,400 $124,775 $127,700 $373,875 Village staff has worked with Trees "R" Us, Inc. on previous tree removal/pruning projects and found them to be a very competent contractor. The Fiscal Year 2021/22 Annual Budget has funds allocated in the amount of $70,000 for the proposed contractual work in the Parks Division Budget/Annual Tree Pruning (Account # 01-0701-5-728). The contractor is agreeable to complete the work at the stated categorical unit prices and stay within our available budgeted funds. Staff recommends adoption of the attached resolution to approve the contract for annual tree pruning services with Trees "R" Us, Inc. in the not-to-exceed amount of $70,000 and authorize execution by the Village Administrator. President Johnson asked if there were any public comments, and there were none. Several Trustees BOARD OF TRUSTEES December 14, 2021 7 asked staff to speak to the item. Trustee Love moved to approve item 9, and Trustee Krummick seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 10 - RESOLUTION NO. 21-R-176: A Resolution to Approve a Professional Services Agreement for the 2022 Water Main Replacement Program) President Johnson noted the 2022 Water Main Replacement Program includes the following areas in need of water main replacement due to age, condition and history of multiple breaks: 1) Bartlett Terrace; and 2) W. Winchester Road (West of Route 45). The Village will require the services of a consultant to perform the field survey and engineering design services. It is anticipated that the construction for these locations will occur in 2022. Staff has received the attached proposal from the firm ofGewalt-Hamilton Associates, Inc. (GHA), who has successfully completed the engineering design for the Village's annual water main program for the past several years, in the amount of $76,327.00. The proposal will be included as exhibit A in the attached Village standard professional services agreement. Sufficient funds remain and are available in FY 2021/22 Annual Budget - Utility Capital Improvement Fund (Acct.# 20- 2024-6-795) to complete the proposed surveying and engineering design work with the deferral of the sanitary flow monitoring and smoke testing work until next fiscal year. The proposed agreement with GHA 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 GHA based upon their successfully completed water main design work for the past several years. Staff recommends approval of the attached Resolution to approve a professional services agreement for the 2022 Water Main Replacement Program with the firm of Gewalt-Hamilton Associates, Inc. in the amount of $76,327.00 for field surveying and engineering design services and authorize execution of the agreement by the Village Administrator. President Johnson asked if there were any public comments, and there were none. Trustee Hickey thanked staff for their efforts on the item. Trustee Adams moved to approve item 10, and Trustee Hickey seconded. The motion carried on roll call vote as follows: BOARD OF TRUSTEES December 14, 2021 8 AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 11 - ORDINANCE NO. 21-0-102: An Ordinance Approving a Fifth Amendment to a Purchase and Sale Agreement Regarding 1800 and 1950 N. U.S. Highway 45 The attached ordinance would approve a fifth amendment to the purchase-and-sale agreement for the sale of a portion of the Libertyville Sports Complex property at Peterson Road and Highway 45. In June 2018, the Village entered into an agreement with Paragon Real Estate, LLC, for the sale of a portion of the Sports Complex property at Peterson Road and Highway 45 to allow for a corner retail development with an industrial development to its north. In February 2020, the agreement was amended to bring Midwest Industrial Funds into the transaction to acquire and develop the proposed industrial portion of the property. Due to difficulty in obtaining the necessary approvals from IDOT for vehicular access to and from the proposed comer retail parcel, 45Peterson determined it was unable to develop the retail corner as intended. To allow the Midwest project to proceed, the Village Board approved a fourth amendment to the purchase-and-sale agreement with 45Peterson and Midwest Industrial in June 2021 thereby removing the comer parcel from the proposed sales transaction, and updating deadlines and requirements for the sale of the remaining property to Midwest Industrial. The fourth amendment contemplated a closing by December 31, 2021. As Midwest has been awaiting IDOT response to their access request, they did not complete their submittal of plans to the Village related to their final development approval request. Midwest has requested to extend the closing to March 31, 2022 to complete their development approval process in advance of closing. The proposed fifth amendment would extend this closing date. The amendment would also require a $30,000 non-refundable deposit and would set a deadline for resubmittal of materials related to final development approval. Staff recommends the Village Board approve the attached ordinance. President Johnson asked if there were any public comments, and there were none. Trustees Adams, Garrity, Hickey, and Kmmmick offered support for the item. 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, Krummick, Love, and Connell NAYS: None BOARD OF TRUSTEES December 14,2021 9 PETITIONS AND COMMUNICATIONS President Johnson announced the following: • The Economic Development Commission will NOT meet at 7:30 a.m. on Wednesday, December 15,2021. • The Village Hall and all non-emergency offices will be closed on Friday, December 24, 2021 for the Christmas Holiday. Village Hall and all nonemergency offices will also be closed on Friday, December 31, 2021 for New Year's Day. • The Appearance Review Commission/Historic Preservation Commission will meet at 5:00 p.m. on Monday, December 20, 2021. • The Parking Commission will meet at 10:00 a.m. on Tuesday, December 21, 2021. • The Parks and Recreation Committee will meet at 6:00 p.m. on Tuesday, January 4, 2022. • The Human Relations Commission will meet at 5:00 p.m. on Wednesday, January 5, 2022. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, January 10, 2022. • The Village Board will meet at 8:00 on Tuesday, January 11, 2022. President Johnson thanked staff for their dedication to the Village in 2021. Trustees Adams thanked staff and offered holiday wishes. Trustee Garrity thanked Superintendent Herrmann and the staff for their work in 2021. Trustee Hickey thanked Chief Roncone for Police efforts on community mental health issues and offered holiday wishes. Trustee Kmmmick thanked staff, especially those that work nontraditional hours, evenings, and weekends. Trustee thanked Chief Roncone and offered holiday wishes. Trustee Connell thanked Attorney Passman and Clerk Stowe for their service to the Village. Clerk Stowe thanked District 128 officials for their leadership and efforts on behalf of the community. Attorney Passman offered thanks and holiday wishes. At 9:31 p.m.. Trustee Love offered a motion to move into executive session to discuss collective bargaining agreements, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None At 9:55 p.m.. Trustee Connell moved to leave executive session, and Trustee Love seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None BOARD OF TRUSTEES December 14,2021 10 ADJOURNMENT With no further business to come before Village Board, Trustee Love moved to adjourn the meeting at 9:55 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, ("^ Luke Stowe Village Clerk BOARD OF TRUSTEES December 14,2021 11