Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES April 26, 2022 As Amended on April 25, 2023 President Johnson called to order a meeting of the Board of Trustees at 8:05 p.m. Those present were: President Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Hickey, Matthew Krummick, Dan Love, and James Connell. President Johnson honored several Village employees for their service anniversaries and their dedication to the community. President Johnson read a proclamation recognizing the month of May as Asian American and Pacific Islander Heritage Month. President Johnson also read a proclamation recognizing the 150th anniversary of National Arbor Day. President Johnson recognized May 14, 2022, as World Migratory Bird Day. Libertyville resident and President of the Lake County Audubon Society, Glenn Moss, was present and made a few remarks. President Johnson also read a proclamation recognizing May as National Bike Month. Trustee Garrity offered remarks about National Bike Month. ITEMS NOT ON THE AGENDA Ken Endress was present representing the nearby Great Lakes Naval Station. Mr. Endress mentioned that 40,000 recruits come through Great Lake Naval Station each year. Mr. Endress thanked the Libertyville community for their ongoing OMNIBUS VOTE AGENDA President Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for a separate discussion. Mayor Johnson removed Item #3B for discussion at a future meeting. Mayor Johnson removed Item #3L and #3M for separate discussion. A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the March 22, 2022 Village Board Meeting C. Bills for Approval D. ORDINANCE NO. 22-O-24: An Ordinance Vacating a Portion of an Unimproved Alley at 425 E. Sunnyside Avenue BOARD OF TRUSTEES April 26, 2022 1 E. RESOLUTION NO. 22-R-54: A Resolution to Approve a Special Event Application Des Plaines River Canoe and Kayak Marathon F. RESOLUTION NO 22-R-55: A Resolution to Approve a Raffle License – Friends of NRA G. ORDINANCE NO 22-O-25: An Ordinance to Amend the Annual Fee Schedule of the Libertyville Municipal Code H. RESOLUTION NO 22-R-56: A Resolution Approving a Supplemental Statement of Work with Municipal GIS Partners, Inc. and Extending the Initial Term of the Contract I. ORDINANCE NO 22-O-26: An Ordinance Approving an Amendment to the Final Plan for the Carriage Hill Park Planned Development (1509 Parkview Drive) J. RESOLUTION NO 22-R-57: A Resolution Approving an Intergovernmental Agreement with the Solid Waste Agency of Lake County (SWALCO) for Clothing Collection Site K. RESOLUTION NO 22-R-58: A Resolution to Approve a Contract Renewal and Change Order No. 1 with Patriot Pavement Maintenance for the Annual Pavement Crack Sealing Program L. ARC Report M. HPC Report Trustee Adams moved to adopt items 3A and 3C-3K 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 a roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love and Connell NAYS: None Trustee Adams moved to defer Item 3L, #1 (708 N. Milwaukee Avenue) and 3M, #3 (708 N. Milwaukee Avenue) and Trustee Garrity seconded. AYES: Trustees Adams, Garrity, Hickey, Krummick, Love and Connell NAYS: None Trustee Adams moved to approve Item 3L, #2-#11 and 3M, #1-2 and Trustee Garrity seconded. AYES: Trustees Adams, Garrity, Hickey, Krummick, Love and Connell BOARD OF TRUSTEES April 26, 2022 2 NAYS: None 4 - REPORT OF THE ZONING BOARD OF APPEALS ZBA 22-06, Variation of Side Yard Setback President Johnson noted at the meeting of April 11, 2022, the Zoning Board of Appeals heard a request from the property owner of 309 W. Maple Avenue for a side yard setback variation for a generator. The applicant stated that the generator was planned to meet the five (5) foot setback, however, the manufacturer’s requirements for distance from the house pushed it into the setback of approximately nine (9) inches. 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 7 - 0. President Johnson asked if there were any public comments, and there were none. Trustee Adams supported the item, and Trustee Krummick asked the applicant a question. Trustee Connell moved to approve item 4, and Trustee Garrity 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 ZONING BOARD OF APPEALS ZBA 22-07, Variation for Lot Coverage President Johnson noted the property owner of 935 W. Winchester Road is requesting a variation to increase lot coverage from the maximum 35% to approximately 39.7%. An additional request for a side yard setback for a hot tub has been withdrawn following the Zoning Board of Appeals meeting. In regard to the lot coverage request, the applicant notes that the site was at 37.8% coverage when she purchased the property in 2020. Additional proposed lot coverage would bring the lot to 39.7%. Members of the Zoning Board of Appeals reviewed the Staff Report that it appears that the existing non-conformance is due to work done by a previous owner without benefit of a permit. The consensus of the Zoning Board of Appeals was not to support the request and that the applicant alter the existing lot coverage to meet Code. A motion to recommend Village Board of Trustees approval failed with a vote of 1 - 6. The applicant was present and provided an overview of the proposed project. President Johnson BOARD OF TRUSTEES April 26, 2022 3 asked questions and made comments. President Johnson asked if there were any public comments, and there were none. Trustees Adams and Garrity asked Director Spoden questions about the item. Trustee Garrity asked the applicant questions about the proposed project. Trustee Krummick offered comments and support for the item. Trustee Love asked Director Spoden questions about the project. Trustee Connell moved to approve item 5, and Trustee Hickey 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 PLAN COMMISSION PC 22-03, Text Amendment to Various Sections of the Libertyville Zoning Code President Johnson noted at the February 28, 2022 and April 11, 2022 meetings, the Plan Commission held public hearings on a request from Staff to review the Zoning Code. Periodically, Staff reviews the Zoning Code for errors, discrepancies, and to be proactive on land uses. Staff had identified 18 items within the Code to address. These items are detailed within the attached Report of the Plan Commission and include the following: ● Change Physical Fitness Studios from a Special Permit Use in the C-3 District to a Permitted Use. ● Add Architectural, Engineering and Related Services as a Permitted Use in the O-2 District. ● Add Escape Rooms as a Special Permit Use in the C-3 and C-4 Districts. ● Add Accounting, Tax Preparation, Computer Systems Design, and Legal Services as Permitted Uses in the O-2 District. Members of the Plan Commission concurred with the request. A motion to recommend Village Board of Trustees approval passed with the vote of 7 - 0. President Johnson asked if there were any public comments, and there were none. 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, Krummick, Love, and Connell NAYS: None BOARD OF TRUSTEES April 26, 2022 4 7 – ORDINANCE NO. 22-O-27: An Ordinance Approving a Final Plat of Subdivision and Amendments to the Planned Development Final Plan, Special Use Permit for Planned Development, Special Use Permit for a Sports and Entertainment Complex, and Site Plan Permit (1800, 1850, and 1950 US Highway 45) President Johnson noted the Village has received an application for a Class C Liquor License from Oscar Rebollar, owner of The Mixto Cuisine, located at 147 N. Milwaukee Avenue, Libertyville. The application has been reviewed by the Mayor/Liquor Commissioner and Village Staff. Attached is an Ordinance which would amend the Municipal Code to increase the number of Class C Liquor Licenses from nine (9) to ten (10) and allow the issuance of the liquor license to The Mixto Cuisine. President Johnson asked if there were any public comments, and there were none. Trustees Garrity asked President Johnson questions about the applicant and the item. Trustee Connell moved to approve item 7, and Trustee Krummick seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 8 – RESOLUTION NO. 22-R-59: A Resolution Approving the Sale of Surplus Real Estate to Midwest Industrial Funds, Inc. (portions of 1800 and 1850 US Highway 45) President Johnson noted the attached resolution approves the sale of surplus real estate, including portions of 1800 and 1850 US Highway 45 to Midwest Industrial Funds, Inc. Due to the lack of consistent public utilization and inadequacy of financial performance of the Village’s Family Entertainment Center miniature golf course and Golf Learning Center driving range, the Village Board previously adopted resolutions 06-R-62 and 17-R-12 declaring the property as surplus and directing its sale. The Village entered into a real estate purchase and sale agreement, by ordinance 18-O-29, and subsequently amended five times, with Midwest Industrial Funds, Inc. for the sale at a price that is at least 80% of the appraised value of the property. On April 12, 2022 the Village Board passed ordinances approving the subdivision and development of the property. The sale for which the Village is prepared to close includes 19.15- acres of land, identified as Lots 1 and 2 in the newly plated Libertyville 45 Corporate Center subdivision. The Canlan Libertyville Sports Complex located on Lot 4 is not subject to this sale, nor is the vacant corner Lot 3 which will be made available for purchase by separate sale. The Village has proceeded with a traditional sale of the property and retained CBRE as its broker. BOARD OF TRUSTEES April 26, 2022 5 Staff recommends the Village Board approve the resolution. There were no public comments. Trustees Adams and Garrity offered support for the item. Trustee Adams moved to approve item 8, and Trustee Garrity seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 9 – RESOLUTION NO. 22-R-60: A Resolution Approving a Project Agreement (1800 and 1850 US Highway 45) – Village of Libertyville and Midwest Industrial Funds, Inc. President Johnson noted the attached resolution would approve a Project Agreement for 1800 and 1850 N US Highway 45. The Village of Libertyville is under contract to sell portions of this property to Midwest Industrial Funds, Inc. (MIF) for their development of two flex-industrial buildings and associated improvements. On April 12, 2022 the Village Board passed ordinances approving the site and engineering plans for this property which incorporate improvements such as shared access drives, stormwater infrastructure, utility extension, landscaping, and a new roadway connection to US Highway 45. These improvements benefit the Village-owned property leased to Canlan Sports, as well as the newly plated corner Lot 3 which is Village-owned and has previously been declared surplus and available for future sale and development. The proposed Project Agreement details the improvements to be completed by MIF, for which the Village would agree to make payment of $208,196 in escrow at time of the closing for the sale of the property. The resolution authorizes the Village Administrator to execute the Project Agreement. Staff recommends the Village Board approve the resolution. President Johnson asked if there were any public comments, and there were none. Trustee Garrity offered support for the item and thanked the staff. Trustee Connell 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 BOARD OF TRUSTEES April 26, 2022 6 10 – ORDINANCE NO. 22-O-28: An Ordinance to Waive Competitive Bidding and Approve a Contract with Lakeshore Recycling Systems for the Annual Street Sweeping Program President Johnson noted that on May 14, 2019, the Village Board approved Resolution 19-R-89 to enter into a contract with the lowest qualified bidder, Lakeshore Recycling Systems, for the annual contractual street sweeping services. The contract work includes street sweeping of all Village roadways, the central business district (CBD) following special events, and emergency discretionary sweeps on an annual basis. The contract included language for two one-year renewals with a 3% increase in unit prices. The contract was initially renewed on April 14, 2020, with the passage of Resolution 20-R-46, and again on April 13,2021 with the passage of Resolution 21-R-49. The language in the contract does not allow the Village to add any additional years to the contract. Lakeshore Recycling Systems has agreed to a new contract at a 3% price increase from last year. The Chicago- Naperville-Elgin Area CPI is currently at 7.1%. Staff remains satisfied with Lakeshore Recycling Systems responsiveness and performance and recommends waiving the competitive bidding process to avoid possible higher prices from the current market where fuel, labor and material costs are increasing. The FY 2022/23 Annual Budget provides $100,000 for contractual street sweeping services in the Stormwater Fund (Act.# 21-2121-7-718). The contract work will include eight Village-wide sweeps at $11,604.76/each and a maximum of fourteen CBD sweeps at $491.72/each. The contract amount will be the available budgeted funds of $100,000. Staff recommends adoption of the attached ordinance to waive competitive bidding and approve the contract for the Annual Contractual Street Sweeping Services with Lakeshore Recycling Systems in the not to exceed amount of $100,000 and authorize execution by the Village Administrator. President Johnson asked if there were any public comments, and there were none. Trustees Adams, Krummick, and Love asked Director Kendzior questions about the proposal. Trustee Hickey offered support for the item. Trustee Connell moved to approve item 10, 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 April 26, 2022 7 11 – RESOLUTION NO. 22-R-61: A Resolution to Renew the Annual Contractual Streetlight Maintenance Contract with Geary Electric, Inc. President Johnson noted on April 13, 2021, the Village Board approved Resolution 21-R-49 to enter into a contract with the lowest responsive bidder, Geary Electric, Inc., for annual contractual streetlight maintenance services. The contract included language and pricing for 2 one-year renewals at a 3% increase in unit prices. The proposed maintenance work includes lamp (bulb) replacements, cable repairs, pole replacements, parts, and other miscellaneous items based on time and materials. The original bids received are summarized below and include anticipated rates and hours needed based on historical data: Company Bid Amount Geary Electric, Inc. $133,020.00 H&H Electric Co. $169,318.50 Staff has been satisfied with Geary Electric, Inc.’s responsiveness and performance and therefore recommends renewal of the contract for FY 2022/23. The FY 2022/23 Annual Budget provides $125,000 in the Streets Division Budget (Act# 01-0203-7-708) for contractual streetlight maintenance work. The contract amount will be the available budgeted funds of $125,000. In the event there are additional costs for the fiscal year, a change order will be brought forward to the Village Board. Staff recommends adoption of the Resolution to approve the contract renewal for the annual contractual streetlight maintenance work with Geary Electric, Inc. in the not to exceed amount of $125,000 and authorize execution by the Village Administrator. President Johnson asked if there were any public comments, and there were none. President Johnson asked Director Kendzior questions about the item. Trustees Adams and Garrity offered support for the item. Trustee Adams moved to approve item 11, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 12 – ORDINANCE NO. 22-O-29: An Ordinance Allowing for Temporary Outdoor Dining with Conditions and a Waiver of Enforcement of Certain Sections of the Libertyville Zoning Code as it Relates to Temporary Outdoor Dining BOARD OF TRUSTEES April 26, 2022 8 President Johnson noted at the April 12, 2022 Village Board of Trustees Committee of the Whole meeting, Staff reviewed possible conditions to allow Temporary Outdoor Dining from May 1, 2022 until November 1, 2022. These include no use of public parking spaces or lots, allotment of a 48 inch wide public pedestrian access, proper weighting and storage of tables and chairs, and adherence to Village Code in regard to use of tents. Tent permits can only be issued for a maximum of six (6) months in any calendar year. Attached is a draft ordinance incorporating items from the Village Board discussion at the April 12, 2022 meeting. Staff recommends approval of the ordinance. President Johnson asked if there were any public comments, and there were none. Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell offered support for the item. President Johnson and Trustee Garrity asked Director Spoden questions about the item. Trustee Adams moved to approve item 12, and Trustee Hickey seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 13 – RESOLUTION NO. 22-R-62: A Resolution to Approve a Contract with Clarke Environmental President Johnson noted the Village has contracted with Clarke Environmental for many years to provide mosquito management services, which include surveillance and monitoring, larval control, and adult mosquito spraying. Village staff inquired about a more sustainable product and program that has been used in other communities. The Earth Right program includes distribution of larval control for 2100 catch basins utilizing bicycles as opposed to vehicles ($25,200). The Adult control will include up to 2 Village-wide applications ($9100 per application) with a plant- based adulticide administered by Ultra Low Volume (ULV). Other components of the program are consistent with past Village-wide mosquito services. The Village is fortunate to utilize a Village-wide spray credit from last season in the amount of $6300. The Administrative Staff recommends that the Village Board accept the proposal from Clarke Environmental for the 2022 Mosquito Management Program in an amount not to exceed $44,000.00. Funding for the program has been included in the 2022-23 Village Budget in the amount of $45,600. Staff recommends approval and authorizes the Village Administrator to sign the contract/proposal. BOARD OF TRUSTEES April 26, 2022 9 President Johnson asked if there were any public comments, and there were none. President Johnson and Trustees Adams and Krummick asked Administrator Amidei questions about the item. Trustees Garrity, Hickey, Krummick, and Connell offered support for the item. Trustee Garrity moved to approve item 13, and Trustee Adams 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 Advisory Commission will meet at 3:00 p.m. on Thursday, April 28, 2022. ● A Ribbon Cutting will be held at 10:30 a.m. on Saturday, April 30, 2022 at Charles Brown Park for the newly installed playground. The Village will also plant an Espresso Kentucky coffee Tree to celebrate Arbor Day in the Park. ● The Parks and Recreation Committee will meet at 6:00 p.m. on Tuesday, May 3, 2022. ● The Human Relations Commission will NOT meet at 5:00 p.m. on Wednesday, May 4, 2022. ● The Plan Commission/Zoning Board of Appeals will meet at 7:00 p.m. on Monday, May 9, 2022. ● The Village Board of Trustees will meet at 8:00 p.m. on Tuesday, May 10, 2022. Trustee Adams thanked Fire Chief Carani for his many years of service to the Village. Trustee Garrity thanked staff for their ongoing efforts. Trustees Hickey and Krummick offered support for local non-profit partners' service to the community. Trustee Krummick also thanked the board and staff for the ongoing work on the police department facility project. Trustee Connell offered comments about the Village working closely with local non-profit organizations. Clerk Stowe thanked Chief Carani for his service to the Village. President Johnson praised Chief Carani’s leadership and character in his role as Libertyville’s Fire Chief. ADJOURNMENT With no further business to come before Village Board, Trustee Adams moved to adjourn the meeting at 9:51 p.m., and Trustee Connell seconded. The motion carried on roll call vote as BOARD OF TRUSTEES April 26, 2022 10 follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Respectfully submitted, Luke Stowe Village Clerk BOARD OF TRUSTEES April 26, 2022 11