Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES June 28, 2022 President Johnson called to order a hybrid meeting of the Board of Trustees at 8:00 p.m. Those present were: President Donna Johnson, Tmstees Scott Adams, Peter Garrity, Matthew Hickey, Matthew Krummick (remote), Dan Love, and James Connell. President Johnson honored Jean Putman, who served as a cashier and receptionist for 24 years at the Village. President Johnson also honored Chief Carani for 32 years of service to the Fire Department. 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 May 24, 2022 Village Board Meeting C. Bills for Approval D. RESOLUTION NO. 22-R-89: A Resolution to Appoint a Director and Alternate Director to the Northeastern Illinois Public Safety Training Academy Board of Directors E. RESOLUTION NO. 22-R-90: A Resolution to Approve a Professional Services Agreement with Doland Engineering, LLC for Construction Management Services for the 2022 Parking Lot Rehabilitations F. RESOLUTION NO. 22-R-91: A Resolution to Approve a Professional Services Agreement with Civiltech Engineering, Inc. for Engineering Services for the Libertyville Bicycle Plan G. RESOLUTION NO. 22-R-92: A Resolution to Approve Change Order No. 1 for the Purchase of a Mini Skid Steer with Log Grapple H. ORDINANCE NO. 22-0-40: An Ordinance to Amend Chapter 13 of the Municipal Code - Small Wireless Facilities Regulations I. RESOLUTION NO. 22-R-93: A Resolution to Approve the Purchase and Installation of a Replacement Generator at the Cass Avenue Sanitary Lift Station J. RESOLUTION NO. 22-R-94: A Resolution to Approve the Purchase and Installation of a Replacement Generator and ATS at the Canterbury Booster Station K. ORDINANCE NO. 22-0-41: An Ordinance Approving Amendments to the Planned Development Final Plan and Special Use Permit for Planned Development - 115 Lake Street L. ORDINANCE NO. 22-0-42: An Ordinance Granting Variations from Section 26-7.5(d) of the Libertyville Zoning Code Regarding the Front and Comer Yard Setbacks - 503 Carter Street M. ORDINANCE NO. 22-0-43: An Ordinance Approving a Special Use Permit for a Drive- Through Facility - 929 N. Milwaukee Avenue N. RESOLUTION NO. 22-R-95: A Resolution for Closure of Streets for the Libertyville High School Annual Homecoming Parade and Use of Village Property 0. RESOLUTION NO. 22-R-96: A Resolution to Award a Contract to Cahill Heating, Air Conditioning & Electric Service, Inc. for the Wastewater Treatment Plant Process Boiler Replacement Project P. ARC Report Q. 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 Liberty ville Municipal Code, and Tmstee 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 ZONING BOARD OF APPEALS ZBA 22-17 Variation of Rear Yard Setback President Johnson noted the property owners at 443 W. Cook Avenue are requesting a rear yard setback variation to allow construction of a rear stoop. The Zoning Board of Appeals held a hearing on June 13, 2022, and reviewed the proposal with the applicant. Members noted that a previous owner had requested a variation in 1977 to reduce the rear yard setback for the house from 40 feet to 24 feet. That variation was granted at that time. As a stoop is necessary for egress, the Zoning Board of Appeals supported the current application. A motion to recommend Village Board of Trustees approval passed with a vote of 4 - 0. BOARD OF TRUSTEES June 28, 2022 2 Tmstees Adams, Garrity, Krummick, Love, and Connell offered support for the item. Trustee Hickey stated he would recuse himself. Trustee Adams moved to approve item 4, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Krummick, Love, and Connell NAYS: None ABSTAIN: Trustee Hickey 5A - ORDINANCE NO. 22-0-44: An Ordinance Amending Sections of the Zoning Code Related to Shared Workspace in the C-l Downtown Commercial District (PC 22-18, Text Amendment to Sections 22-2-2 and 26-5-2)- Brick & Mortar, Applicant President Johnson noted at the meeting of June 13, 2022, the Plan Commission held a public hearing on a request to amend the Zoning Code to allow a Shared Workspace provision as a Special Use in the C-l Downtown Core Commercial District. At the public hearing, members of the Plan Commission discussed the details of the application with the petitioner. Members debated the merits of the proposal including a detailed definition of Shared Workspace and listing it as a Special Use in the C-l District. Commissioners expressed concern that although the use provides space on a flexible membership basis, it is a type of office use and inconsistent with the existing restriction on office uses along Milwaukee Avenue. The petitioner debated that the turnover of space and the number of users is unique and consistent with the Comprehensive Plan to continue to promote pedestrian-generating uses. A motion to recommend Village Board of Trustees approval failed with a vote of 1 - 3. Accordingly, the recommendation of the Plan Commission is for denial of the Text Amendment. The proposed Text Amendment can be approved by any combination of four affirmative votes among the Trustees and the Mayor. Due to a petitioner-related deadline, an ordinance has been drafted and is attached for Village Board consideration. The applicant was present to answer questions. President Johnson asked if there were any public comments. Residents George Green, Marty Neal, Scott Luce, Andy Hermann, Jamie and Julie Dunsing, William Reigle, Sara McKinnon, John Durning, Pam Hume, Matt Klein, Casey Rooney, and Elliot Khatt offered comments in support of the item. Residents Mark Anderson, Ben Lovinger, Dan Timm, and MJ Seller offered comments in opposition to the item. BOARD OF TRUSTEES June 28, 2022 3 Trustees Adams and Garrity offered comments in opposition to the item. Trustees Hickey, Krummick, Love, and Connell offered support for the item. President Johnson offered comments in support of the item. Trustee Love moved to approve item 5A, and Trustee Hickey seconded. The motion carried on roll call vote as follows: AYES: Trustees Hickey, Krummick, Love, Connell, and President Johnson NAYS: Trustees Adams and Garrity 5B - ORDINANCE NO. 22-045: An Ordinance Approving a Special Use Permit (PC 22-19, Special Use Permit) - Brick & Mortar, 416 N. Milwaukee Ave. President Johnson noted at the meeting of June 13, 2022, the Plan Commission held a public hearing on a request for a Special Use Permit for a Shared Workspace at 416 N. Milwaukee Avenue. At the public hearing, members of the Plan Commission discussed the details of the proposal with the applicant. Consistent with the recommendation on the proposed text amendment, the Plan Commission motion to recommend approval of a Special Use Permit at this location failed with a vote of 1 - 3. This Special Use Permit can only be considered if the related text amendment ordinance (Item #5A) is approved by the Village Board of Trustees. Pursuant to State law and the Village Zoning Code, when the Plan Commission does not recommend approval of a Special Use Permit, the Village Board may only grant approval by a two-thirds vote of the Trustees. Therefore, the Special Use Permit can only be approved by a vote of four Trustees (excluding the Mayor). Due to a petitioner-related deadline, an ordinance has been drafted and is attached for Village Board consideration. Trustee Hickey thanked the applicants and offered support for the item. Trustees Love and Connell offered support for the item. Trustee Connell moved to approve item 5B, and Tmstee Hickey seconded. The motion carried on roll call vote as follows: AYES: Trustees Hickey, Krummick, Love, and Connell NAYS: Trustees Adams and Garrity BOARD OF TRUSTEES June 28, 2022 4 6 - RESOLUTION NO. 22-R-97: A Resolution to Approve a Special Event - Art in the Park President Johnson noted at the Village budgets $10,000 annually for projects or initiatives by the Arts Commission. This year the Commission is requesting the use of Cook Park on Saturday, September 10th from 3:00 p.m. to 5:00 p.m. for an Art in the Park Special Event. The event would utilize Cook Park for local artists to display or offer art at stations located throughout the park. Offerings may include visual and performance art. Examples of possible art offerings could include a drum circle, small performance troupe, henna artist, small band, balloon artist, etc. If approved, the Commission will solicit proposals from local artists for the event. A stipend of $100/artist will be provided. Artists will be responsible for their own setup/takedown. It is the intention of the Commission to utilize volunteers to support the event with minimal Village staff time. Staff is recommending approval of the special event application to use Cook Park and to proceed with soliciting proposals for the event. Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell offered support for the item. Trustee Love moved to approve item 6, and Trustee Adams seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 7 - RESOLUTION NO. 22-R-98: A Resolution to Approve a Professional Services Agreement for Water Distribution System and Sanitary Lift Stations SCADA System Radio Replacements President Johnson noted that the Village monitors certain functions of the potable water distribution, wastewater treatment plant and sanitary lift station operations through Supervisory Control and Data Acquisition (a.k.a. SCADA), which allows for centralized monitoring by staff and the ability to make adjustments remotely. The use of SCADA also saves time, money and enhances the performance of these critical utilities. The Utility Capital Improvement Fund in the FY 2022/23 Annual Budget includes $ 100,000 (Act.# 20- 2024-6-795) for the SCADA system radio replacements. Staff requested a proposal from the firm of Concentric Integration, who currently maintains the Village's SCADA systems, to coordinate and install the necessary radio upgrades to the SCADA system. The attached proposal BOARD OF TRUSTEES June 28, 2022 5 (scope of services) received from Concentric Integration is in the amount of $99,400 for the water distribution system and sanitary lift station radios. The proposal will be included as Exhibit A in the Village's standard professional services agreement. The proposed agreement with Concentric Integration 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 Concentric Integration based upon their previous related work on the Village's existing water storage/distribution and wastewater treatment plant/lift stations SCADA systems. Staff recommends adoption of the attached resolution to approve the professional services agreement with the firm of Concentric Integration in the amount of $99,400 for the coordination and installation of the SCADA System radio replacements for the Village's water distribution system & sanitary lift stations and authorize execution by the Village Administrator. Trustees Adams, Garrity, and Hickey asked Director Kendzior questions about the item. Trustee Adams moved to approve item 7, and Tmstee Connell 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-99: A Resolution to Approve a Contract Renewal with TGF Enterprises, Inc. for Annual Contractual Snow Removal Services President Johnson noted the Village contracts out ice control and snow removal services for certain parks, paths, the central business district sidewalks, the Milwaukee Avenue sidewalk, the three commuter parking lots, etc. Last year, the Village Board of Tmstees awarded a contract to TGF Enterprises, Inc. for the Annual Contractual Snow Removal Services with the passage of Resolution 21-R-143. The contract contains a renewal clause for up to two additional years. The Public Works Department recommends a contract renewal for the first of two possible additional years with TGF Enterprises, Inc. based upon their responsiveness and successful work completed to date. In addition, there is no unit price increases for the 2022/23 snow removal contract renewal. BOARD OF TRUSTEES June 28, 2022 6 The Fiscal Year 2022/23 Annual Budget provides funding for contractual snow removal services for various locations throughout the Village. The funding breakdown is summarized below: Account Amount Commuter Parking Fund (Act.# 14-0000-7-713) $32,500 Central Business District Parking (Aci.# 01-1500-7-713) $11,500 Parks Maintenance (Aci.# 01-0701-7-713) $50,000 Total: $94,000 The actual amount of the contract will be based on expended time and materials and will not exceed the FY 2022/23 budgeted funds of $94,000. Staff recommends approval of the attached resolution to renew the contract for the second of three years to TGF Enterprises, Inc. in the not-to-exceed amount of $94,000 for the Annual Contractual Snow Removal Services and authorize execution of the contract by the Village Administrator. Tmstees Love and Connell asked Director Kendzior about pricing and consumption. Trustee Love moved to approve item 8, and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 9 - ORDINANCE NO. 22-0-46: An Ordinance Authorizing the Issuance of Waterworks and Sewerage Revenue Bonds in an Aggregate Principal Amount not to Exceed $9,500,000 or, in lieu thereof, General Obligation Bonds (Watenvorks and Sewerage System Alternate Revenue Source) (said Bonds Being General Obligation Bonds for which Real Property Taxes, Unlimited as to Rate or Amount, May be Levied, but which are Expected to be Paid from the Net Revenues of the Combined Waterworks and Sewerage System of the Village, which Includes the Village's Stormwater Utility Fee) in an Aggregate Principal Amount not to Exceed $9,500,000 for the Purpose of Paying the Costs of Improving the Stormwater Portion of said System to Alleviate Flooding in the Village President Johnson noted that pursuant to the stormwater rate study and stormwater utility fee adopted by the Village Board on March 23, 2021, the Village plans to fund various stormwater projects by issuing alternate revenue debt, using the stormwater utility fee as the primary pledged BOARD OF TRUSTEES June 28, 2022 7 revenue to service the debt. The rate study calls for the Village's first debt issuance to occur in FY 2022-2023. Along with the recently awarded DCEO grant, this issuance will fund the remainder of the Rockland Road storm sewer improvements as well as Phases I and II of the Highlands subdivision improvements. Based on the rate study and the bids received for the Rockland Road and Highlands Subdivision Phase I projects, the size of the issuance will be $9,093,086. The attached ordinance authorizes the issuance of bonds in an amount not to exceed $9,500,000, which is a slightly higher sizing in the event the bonds are purchased at a premium. The Village plans to issue bonds for a term of 15 years in a competitive sale format. The approval of this ordinance begins the process of selling alternate revenue bonds. There are several additional steps required under State statute before a transaction can be consummated. The next major Village Board milestone in this process is the Bond Issue Notification Act (BINA) hearing which will be held on July 26th. The bond sale is tentatively scheduled for August 9th, the results of which will be presented to the Village Board that evening. Trustee Adams asked Director Kendzior about the vendor. Tmstees Adams, Krummick, and Love supported the item. Trustee Love moved to approve item 9, and Tmstee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None 10 - RESOLUTION NO. 22-R-100: A Resolution to Approve a Professional Services Agreement with Civiltech Engineering, Inc. for Construction Management Services for the Rockland Road Corridor Flood Reduction Project President Johnson noted the final phase of the Rockland Road Corridor Flood Reduction Project is scheduled to be completed this year. The Village will require the services of a consultant to provide construction management services for the project, which will include oversight of the contractor's daily construction activities, material inspection, coordination, and approving pay requests. Staff has received the attached proposal from the firm Civiltech Engineering, Inc., who performed the engineering design services for the project, in the amount of $323,853.00. The proposal will be included as an exhibit to the Village's standard professional services agreement. BOARD OF TRUSTEES June 28, 2022 8 There is sufficient funding in the Stormwater Sewer Fund (Account #21-2121-6-790) for the project, which includes construction, construction management services and the grant administration fees that will be paid to the Lake County Stormwater Management Commission. The total amount of funding available for the project is $5,685,150. The proposed agreement with Civiltech Engineering, Inc. 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 Civiltech Engineering, Inc. based upon their related work on previous construction management projects. Staff recommends adoption of the Resolution to approve a professional services agreement for the Rockland Road Corridor Flood Reduction Project with the firm ofCiviltech Engineering, Inc. in the not-to-exceed amount of $323,853.00 for construction management services and authorize execution of the agreement by the Village Administrator. Trustees Adams and Krummick offered support for the item. Tmstee 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, and Connell NAYS: None 11 - ORDINANCE NO. 22-0-47: An Ordinance to Reject Bids and Waive Competitive Bidding, and Accept the Quote from American Sealcoating, Inc. for Crack Repairs and Painting at the Riverside Tennis Courts President Johnson noted that routine inspections by Parks Maintenance staff of the playing surface at the Riverside Park tennis courts identified the need for crack repairs and court painting. The prior crack repair and court painting was completed in 2008. The anticipated useful life is eight to ten years. A formal competitive bidding process was undertaken for crack repairs and court painting. Only one bid was received in the amount of $95,000 from Continental Construction Co., Inc. on April 28, 2022. Therefore, the bid will be formally rejected. The Fiscal Year 2022/23 Annual Budget only provides $57,500 in the Park Improvement Fund (Act.# 45- 0000-0-782) for this work. Since the sole bid received was considerably higher than the available budgeted funds, quotes were solicited from two additional vendors who previously performed BOARD OF TRUSTEES June 28, 2022 9 sport court painting for the Village. The three quotes that were received are summarized below: Contractor Quote American Sealcoatmg, Inc. $61 ,200 MCH Sports Surfaces Inc. $63,630 The lowest overall quote was submitted by American Sealcoating, Inc. in the amount of $61,200. This is still $3,700 over the budgeted amount. Anticipated savings from the Parks Department Budget accounts for Materials & Supplies and Maintenance of Grounds (Act.# 01-0701-5-706 & 01-0701-7-713) will be utilized for the additional funds needed. Staff has had several conversations with American Sealcoating, Inc. and are confident that they can adequately complete the project for the quoted price. American Sealcoating, Inc. will also be providing Labor & Material Payment and Performance Bonds for the work. Staff recommends approval of the attached ordinance to waive the formal competitive bidding process and accept the quote from American Sealcoating, Inc. in the amount of $61,200 for the Crack Repairs and Painting at the Riverside Tennis Courts. A super-majority vote is required to waive formal competitive bidding, and therefore five positive votes are required for approval. Trustee Hickey offered appreciation for staff and comments in support of the item. Trustee Love asked Director Kendzior a question about the item. Trustee Garrity 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. 22-R-101: A Resolution to Award a Construction Contract for the Highlands Subdivision Flood Control Project - Phase 1 to Campanella & Sons, Inc. President Johnson noted the Fiscal Year 2022/23 Annual Budget includes funding for two capital improvement projects from the Village's Master Stormwater Management Plan, one of which is the first phase of the Highlands Subdivision Flood Control Project. This proposed project will address historical flooding in the area south of Route 176 between Butterfield Road and Garfield Avenue. The first phase of this project includes constructing a 38.5 ac-ft "dry-bottom" detention basin on the southern portion of Nicholas Dowden Park. The softball fields, batting cages, storage building and off-street parking along Dymond Avenue will be removed and improved. BOARD OF TRUSTEES June 28, 2022 10 Engineering design plans and construction documents were prepared by the Village's consultant Christopher B. Burke Engineering, Ltd (CBBEL) and competitive contractor bids were solicited for the project. Three (3) competitive contractor bids were received and opened on June 17, 2022 for the project. The bids received for the work were as follows: Contractor Bid Amount Campanella & Sons, Inc. $6,414,522.89 Berger Excavating Contractors, Inc. $6,468,375.35 V3 Construction Group $6,693,000.00 The Engineer's Estimate was $7,000,934. The qualified low bid contractor is Campanella & Sons, Inc. in the amount of $6,414,522.89 who has successfully performed related grading and utility projects with the Village and is qualified for a stormwater project of this scale. The bid award recommendation letter from CBBEL is attached. A total of $10,099,675 is available in the Stormwater Sewer Fund for the project, in which $8,435,000 is available for construction. The Village was also awarded $2,750,000 in grant funding from the Illinois Department of Commerce and Economic Opportunity-Stormwater Capital Improvement Project Program (DCEO-STOCIP). The remaining portion of the budgeted funds will be utilized for grant administration fees and construction management services. It is anticipated that construction will commence on or shortly after August 1, 2022, in coordination with the Libertyville Girls Softball Association. Staff recommends adoption of the attached Resolution to Award the construction contract for the Nicholas Dowden Park Flood Control Project - Phase 1 to Campanella & Sons, Inc. in the low bid amount of $6,414,522.89 and authorize execution of the contract by the Village Administrator. President Johnson and Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell offered comments in support of the item. Trustee Adams moved to approve item 12, 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 June 28, 2022 11 PETITIONS AND COMMUNICATIONS President Johnson announced the following: • Village Hall and all non-emergency offices will be closed on Monday, July 4, 2022 for Independence Day. • Libertyville will have the Fourth of July Fireworks display on Monday, July 4, 2022 at approximately 9:30 p.m. at Butler Lake. • The Parks and Recreation Committee will NOT meet at 6:00 p.m. on Tuesday, July 5, 2022. • The Human Relations Commission will NOT meet at 5:00 p.m. on Wednesday, July 6, 2022. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, July 11, 2022. The Village Board will meet at 8:00 p.m. on Tuesday, July 12,2022. • The Village Board will meet at 8:00 p.m. on Tuesday, June 28, 2022. President Johnson thanked the staff for their efforts to conduct a hybrid meeting. Trustee Adams thanked staff and wished Chief Carani a happy retirement. Tmstee Garrity thanked Chief Carani best wishes in retirement. Trustee Hickey congratulated Chief Carani on his retirement. Trustee Krummick thanked Chief Carani for his service to Libertyville. Tmstee Love asked about minutes and thanked Chief Carani, Libertyville Days volunteers, and staff. Tmstee Connell thanked staff for their effort on high school banners and wished Chief Carani well in retirement. Clerk Stowe offered appreciation for Chief Carani's service to the Village. President Johnson offered praise for Chief Carani. ADJOURNMENT With no further business to come before the Village Board, Trustee Adams moved to adjourn the meeting at 10:53 p.m., and Trustee Garrity 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 June 28, 2022 12