Village Board Meeting

BOARD OF TRUSTEES VILLAGE BOARD AGENDA Tuesday,July 26, 2022,at 8:00 PM Village Hall Board Room 118 W. Cook Avenue Libertyville, IL 60048 Mayor Johnson called to order a meeting of the Board of Trustees at 8:00 p.m. Those present were: Mayor Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Mickey, Matthew Krummick, Dan Love, and James Connell. Mayor Johnson recognized Plumbing Inspector Alien LeBtanc's 15th year of service to the Village. Items Not on the Agenda Jack Regan, 2070 Trenton Lane, informed the Village Board that he believed Appley Avenue should be re-named due to research he had recently discovered indicating a member of the Appley family was not an upstanding citizen of the community related to his service at the Lake County Poor Farm in the early 1900s. Mayor Johnson asked that Administrative staff research the information and report back to the Village Board of Trustees. Omnibus Vote Agenda Mayor Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for a separate discussion. There were none. A. Summary of Omnibus Vote Agenda Item B. Approve of Minutes of the June 14, 2022, and June 28, 2022, Village Board Meeting C. Bills for Approval D. RESOLUTION NO. 22-R-111: A Resolution to Approve a Request for the Display of a Banner in Cook Park for the Bicycle Advisory Commission E. RESOLUTION NO. 22-R-112: A Resolution to Approve a Special Event for a Prayer and Liturgy in Cook Park F. RESOLUTION NO. 22-R-11 3: A Resolution to Approve a Special Event for the Libertyville High School Pep Rally in Cook Park G. ORDINANCE NO. 22-0-51: An Ordinance Amending Section26-16-8.5 of the Libertyville Zoning Code Allowing Variations Regarding the Amount of Screening Required for Outdoor Storage for Cornerstone Automotive at 939 E. Park Avenue H. ORDINANCE NO. 22-0-52: An Ordinance Approving a Special Use Permit for a Rental and Leasing Services Establishment for Truck and Trailer Rental with Outdoor Storage, a Site Plan Permit, and Variations from Sections 26-7.5(d) and 26-13.5.1 of the Libertyville Zoning Code Regarding the Front Yard Setback and Screening for Cornerstone Automotive at 939 E. Park Avenue VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Agenda Minutes July 26, 2022 I. ORDINANCE NO. 22-0-53: An Ordinance Amending Section 26-5-4.3 of the Libertyville Zoning Code Regarding Indoor Golf Simulator Centers in the C-3 General Commercial District at 444 W. Peterson Road J. ORDINANCE NO. 22-0-54: An Ordinance Approving a Special Use Permit for an Indoor Golf Simulator Center for Precision Golf at 444 West Peterson Road K. ORDINANCE NO. 22-0-55: An Ordinance Amending Section 26-7-4.3 of the Libertyville Zoning Code Regarding Snack and Nonalcoholic Beverage Bars in the 1-3 General Industrial District for Tala Coffee Roasters at 834 Liberty Drive L. ORDINANCE NO. 22-0-56: An Ordinance Approving a Special Use Permit for a Snack and Nonalcoholic Beverage Bar and Granting a Variation from Section 26-11-14 of the Libertyville Zoning Code for Two Wall Signs for Tala Coffee Roasters at 834 Liberty Drive M. RESOLUTION NO. 22-R-114: A Resolution Approving a Contract with Total Parking Solutions, Inc. for the Installation of a Parking Pay Terminal and the Retrofit of Five Existing Terminals N. RESOLUTION NO 22-R-115: A Resolution Approving a Professional Services Agreement for Stormwater Enforcement Officer and MS4 Assistance Services 0. Approval of the Appearance Review Commission Report P. Approval of the Historic Preservation Commission Report A motion to approve the omnibus agenda was made by Village Trustee Adams and seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Love, Village Trustee Connell. The motion was approved. REGULAR AGENDA 4. REPORT OF THE ZONING BOARD OF APPEALS, (ZBA 22-18), Variation of Rear Yard Setback, -1718 Cedar Glen Court At the meeting of July 11, 2022, the Zoning Board of Appeals heard a request from the property owner at 1718 Cedar Glen Court for a rear yard setback variation to allow construction of a house addition. The petitioner proposed to construct a screened in porch on a concrete foundation at the rear of the house. Members of the Zoning Board of Appeals concurred with the request as the proposed scope of work would not impede light or air on adjoining properties. A motion to recommend Village Board of Trustees approval passed with a vote of 7 - 0. Mayor Johnson asked the property owner if any of the neighbors had any concerns about the variation. The property indicated there were none. Mayor Johnson asked if there were any public comments, and there were none. Trustee Krummick asked the property owner to explain what was unique about their lot and why the variation was needed. Board of Trustees Village Board Agenda Minutes July 26, 2022 Motion made by Village Trustee Love, Seconded by Village Trustee Adams. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Love, Village Trustee Connell. The motion was approved. 5. A. REPORT OF THE PLAN COMMISSION, (PC 22-09), Special Use Permit for a Planned Development, (PC 22-04), Planned Development Concept Plan, (PC 22-05) and (PC 22-06), Site Plan Permit- Community Partners for Affordable Housing (CPAH), 500 Peterson Road Community Partners for Affordable Housing (CPAH) proposed to construct a 34-unit mixed use building at 500 Peterson Road. The existing office building would be demolished, and a 3-story structure would be constructed in its place housing CPAH offices on the first floor and a total of 34 Senior Citizen Housing units on the second and third floors. The Plan Commission held public hearings that were initiated on April 25, 2022 and concluded on July 11, 2022. During the course of the hearings, the building was shifted to the south to increase the setback from residential property to the north. Two alternate site plans were presented to the Plan Commission at the July 11, 2022, hearing that addressed parking concerns. The consensus of the Plan Commission was to recommend approval of Option B, subject to the conditions listed in the Report of the Plan Commission. Option B includes 69 parking spaces for the project and eliminates any changes to the existing cross access to the property to the west. Motions to recommend Village Board of Trustees approval passed with votes of 6 - 1. Mayor Johnson asked if there were any public comments. Tom Gore, 1476 N. Milwaukee Avenue, expressed his support for the affordable housing for senior citizens in the Village. Greg Handrich, 320 Hyatt Drive and a CPAH Board Member, urged the Village Board to support the attainable housing for the Village consistent with the Comprehensive Plan. He also indicated the new development will provide new tax dollars and potentially spur development in the area. Mayor Johnson agreed with the need for affordable senior housing. Eve B. Lee, of Antioch and Chairperson of CPAH, indicated she had been involved in affordable housing for over 40 years and was very supportive of the project. As a 1961 Libertyville High School graduate, many of her fellow alumni told her they were excited about the opportunity for affordable senior housing in Libertyville. William Powers, 321 Lake Street, and a CPAH Board member indicated he believed the development filled CPAH's goals and asked that the Village Board support it. Bob Carney, 1030 Blackburn Circle, believed the Village was being pro-active by considering options for senior citizen living and expressed his support of the project. Bill DeBruler, 1030 Thornbury Lane, affordable housing developer, wanted the Board to take into consideration that the senior housing in Libertyville was a benefit to the community. Rob Hinrich, 1357 Hedgerow Drive, Grayslake and Libertyville Presbyterian Church member, shared that through his service at the church he knew that seniors were concerned about living on fixed incomes and that seniors are a part of the community that are an asset to Libertyville. Board of Trustees Village Board Agenda Minutes July 26, 2022 Sharon Starr, 201 N. Stewart Avenue, was in favor of the development. As an empty nester on a fixed income she was supportive of the smaller units for affordability in the community. She believed seniors and grandparents in the community are important to the fabric of the community. Jen Rich, 1320 Oxford Court, moved to Libertyville to be closer to aging parents in this community which honors aging individuals. She believed seniors need smaller and safer options for residing. She is supportive of the development and said it proves that the community values its seniors. Michael Knight, 442 Laurel Avenue, thanked the Plan Commission for all its hard work for the review process. He indicated the proposal allows seniors to remain in Libertyville, affordable housing provides accessibility for seniors and their quality of life, and growth in the community helps with new residents and jobs. He asked the Board to support the project. Trustee Adams was hopeful this was the first of many of senior housing options to come forward. Trustee Garrity indicated it was an excellent initiative and concurred with those making public comments. Trustee Hickey indicated that attainable housing was an initiative he supported prior to being a Village Board member. He thanked CPAH for being an experienced and committed developer and recognized their success. He liked the green design building options as well. He appreciated that the financing of the project was committed, and he was in favor of the development. Trustee Krummick indicated that there is a need for this type of housing. He stated that seniors living in a community type of environment thrive as opposed to being in an isolated setting. Chase Moore, CPAH representative, explained the programming opportunities for the residents. Trustee Love was appreciative of the design of the development and supportive of it. He wanted seniors to remain in the community. Trustee Connell appreciated those who came to the meeting to support the development. He stated that the "age wave" is coming and it is important to offer options for the community. Motion made by Village Trustee Hickey, Seconded by Village Trustee Adams. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Love, Village Trustee Connell. The motion was approved. 6. REPORT OF THE PLAN COMMISSION, (PC 22-22), Major Adjustment to the Planned Development Final Plan- 1755 N. Butterfield Road AGSCO Corporation requested a Major Adjustment to a Planned Development in order to install new signs at 1755 N. Butterfield Road. Included in the proposal was the following: 1. A 55 square foot wall sign that was reduced in size from the originally proposed 78 square feet: and 2. Increase in the number of business signs from 2 to 3 to allow the wall sign, a freestanding sign, and retain the existing Pharma Logistics multi-tenant sign; and 3. Private directional signs. The Plan Commission heard the request at the July 11, 2022, meeting and concurred with the proposal with the exception that all private directional signs be revised to comply with the maximum Board of Trustees Village Board Agenda Minutes July 26, 2022 permitted sign area of 2 square feet per sign. A motion to recommend Village Board of Trustees approval passed with a vote of 7 - 0. Mayor Johnson asked if there were any public comments, and there were none. Lucas Williams, AGSCO, was present to address any questions. Motion made by Village Trustee Love, Seconded by Village Trustee Connell. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Love, Village Trustee Connell. The motion was approved. 7. ORDINANCE NO. 22-0-57: An Ordinance Amending the Number of Class B Liquor Licenses - Coppolillo's ltaliano,160 E. Cook Avenue The Ordinance amended the Municipal Code to decrease the number of Class B Liquor Licenses from seventeen to sixteen due to the surrender of the License from Cafe Pomigliano, and then increased the number of Class B Liquor Licenses from sixteen to seventeen due to an application by Steak Group Libertyville, LLC d/b/a Coppolillo's Italiano. The Village received an application for a Class B Liquor License from Angela Eliades which plans on leasing the space from Cafe Pomigliano restaurant at 160 E. Cook Avenue, Libertyville. The application was reviewed by the Mayor/Liquor Commissioner and Village Staff, with a recommendation that the Village Board decrease and increase the number of Class B licenses in order to allow the Liquor Commissioner to issue a Class B license to Steak Group LLC, d/b/a Coppolillo's Italiano restaurant. The new business owners introduced themselves to the Village Board to the Board of Trustees. Mayor Johnson asked if there were any public comments, and there were none. The Village Board members welcomed the applicants. Motion made by Village Trustee Adams, Seconded by Village Trustee Love. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Love, Village Trustee Connell. The motion was approved. 8. A Public Hearing Concerning the Intent of the Mayor and Board of Trustees to Sell Not to Exceed $9,500,000 General Obligation Bonds (Alternate Revenue Source) to Pay the Costs of Improving the Stormwater Portion of the Waterworks and Sewerage System of the Village to Alleviate Flooding in the Village Pursuant to the requirements of the Bond Issue Notification Act (30 ILCS 352), the Village of Libertyville was required to hold a public hearing prior to the sale of General Obligation Alternate Revenue Bonds. Per the Act, a notice regarding the hearing was placed in the Daily Herald on July 5, 2022, which was not less than seven days nor more than 30 days before the date of the hearing. A copy of the notice and the meeting agenda was posted at the principal office of the Village Board for a continuous period of at least 48 hours prior to the hearing. Pursuant to Ordinance 22-0-46, adopted on June 28, 2022, the Village Board of Trustees authorized staff to proceed with the sale of alternate revenue bonds to finance two major stormwater projects as identified in the Master Stormwater Management Plan and the Stormwater Utility Rate Study. Based on the rate study and the bids received for the Rockland Road and Highlands Subdivision 5 Board of Trustees Village Board Agenda Minutes July 26, 2022 Phase I projects, the size of the issuance was approximately $9,093,086. The ordinance adopted on June 28, 2022, authorized the issuance of bonds in an amount not to exceed $9,500,000, which was a slightly higher sizing in the event the bonds were purchased at a premium. The Village plans to issue bonds for a term of 15 years in a competitive sale format. Mayor Johnson opened the Public Hearing and asked if any of the Trustees had any questions or comments. There were no comments. She also asked the Village Clerk if there was there any written correspondence received. She then asked if any member of the public wished to provide comments. There were none. All persons desiring to be heard had been given an opportunity to present oral and written testimony with respect to the proposed issuance of the bonds. Mayor Johnson asked for a motion to adjourn the public hearing. Motion made by Village Trustee Adams, Seconded by Village Trustee Connell Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The motion was approved. 9. ORDINANCE NO. 22-0-58: An Ordinance Waiving Competitive Bidding and Approving a Contract for the Cla-Val Control Valve Systems Rehabilitation and Replacement Project with the Dorner Company The Fiscal Year 2022/23 Annual Budget provided $200,000 in the Utility Capital Improvement Fund (Account # 20-2024-6-795) for the rehabilitation and replacement of numerous Cla-Val control valve systems. Public Works staff received quotations in the total amount of $190,567 from the Dorner Company to either re-build or replace the Cla-Val control valves and appurtenances at the Tiffany Lane & Bush Court Pressure Reducing stations along with the Centrum and Red Top Reservoir Pumping stations. There was an additional cost of $3,420 to provide the requested Performance and Labor & Material Payment Bonds, which made the total cost $193,987. The Dorner Company is the exclusive supplier for the Cla-Val valves and equipment for the Northern Illinois region and is extremely experienced in repairing, replacing and calibrating the Cla-Val devices. Therefore, staff recommended the waiver of the competitive bidding process for the project and approval of the contract with the Dorner Company for the Cla-Val Control Valve Systems Rehabilitation and Replacement project in the not-to-exceed cost of $193,987 and authorizing execution of the contract by the Village Administrator. A super-majority vote is required to waive formal competitive bidding, therefore five positive votes were required for approval. Mayor Johnson asked if there were any public comments, and there were none. Trustee Adams asked Director of Public Works how many new valves would be used and how many would be re-built. Director Kendzior said two would be new and the rest re-built with a useful life of 40-50 years. The Village Board expressed their support for the recommendation. Motion made by Village Trustee Hickey, Seconded by Village Trustee Krummick. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Love, Village Trustee Connell. The motion was approved. 10. RESOLUTION NO. 22-R-116: A Resolution Approving a Contract to Purchase Axon Body Worn Cameras 6 Board of Trustees Village Board Agenda Minutes July 26, 2022 The Safety, Accountability, Fairness and Equity - Today (known as the SAFE-T Act) requires that police departments purchase and implement Body worn cameras (BWCs). The deadline for the implementation of BWCs is defined by the size of the police department. The deadline for the Libertyville Police Department (LPD) to purchase and implement BWCs is January 1,2025 (per State statute)). The LPD was been working on a plan to purchase and implement a BWC program prior to the deadline to allow time for personnel to train and become familiar with the use of the equipment, the storage of video data, and processing requests for video through the subpoena process and/or requests made under the Freedom of Information Act. The goal of the LPD was to have the BWC program fully operational prior to the designated state-mandated deadline. The Police Department sought a proposal from Axon Enterprise, Inc., whom provided the in-car cameras for the Department. The interoperability between the in-car cameras and the BWCs allowed the use of the same triggers to activate the cameras. The interoperability also included Axon in-car and BWC's fielded by surrounding agencies. Both of Axon's camera systems utilized the same evidence management platform which significantly reduces the time that records personnel dedicate to manually transfer videos onto DVD's to be sent to relevant stakeholders. Axon's evidence management platform allows requested video to be seamlessly selected, redacted, and shared directly through the platform to selected recipients. The BWCs are offered to the Village under a five-year purchase agreement, where the Village is provided all equipment up-front and amortizes the cost of the equipment over a five-year period. The total cost of the five-year agreement is $384,091, or $76,818 per year. The cost was contemplated in the most recent version of the Village's Capital Improvement Plan included in the FY 2022-2023 budget document. The Capital Improvement Plan allocates $387,470 in the Technology Enhancements for Police and Fire Fund towards this program over the next five years. At the July 19, 2022 Fire and Police Committee meeting, the Committee voted unanimously in favor of this recommendation. Staff recommended approval of the Resolution for the purchase of BWCs from Axon Enterprise, Inc. and authorized execution of the Agreement by the Village Administrator. Mayor Johnson asked if there were any public comments, and there were none. Trustee Garrity asked Chief Roncone asked how the implementation would be handled. Chief Roncone reported that based on supply chain issues he anticipated the cameras would be implemented within the current fiscal year end. Trustee Garrity expressed his appreciation to Chief Roncone for implementing this mandate in advance of the deadline. Trustee Hickey indicated to Chief Roncone it was a thoughtful plan and he was impressed with the interoperability. Trustee Love and Trustee Connell agreed and appreciated Chief Roncone's leadership and approach. Motion made by Village Trustee Love, Seconded by Village Trustee Adams. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Love, Village Trustee Connell. The motion was approved. Board of Trustees Village Board Agenda Minutes July 26, 2022 Mayor's Update Petitions and Communications: • The Parks and Recreation Advisory Commission will NOT meet at 3:00 p.m. on Thursday, July 28,2022. • The Parks and Recreation Committee will NOT meet at 6:00 p.m. on Tuesday, August 2,2022. • The Police Department will be holding their very first "National Night Out" from 5:00 p.m. to 8:00 p.m. on Tuesday, August 2, 2022 in Cook Park. • The Human Relations Commission will NOT meet at 5:00 p.m. on Wednesday, August 3, 2022. • The Adler Festival of the Arts event will be held on Saturday, August 6, 2022 and Sunday, August 7, 2022 in Cook Park. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, August 8, 2022. • The Bicycle Advisory Commission will meet at 5:00 p.m. on Tuesday, August 9, 2022. • A Committee of the Whole will meet at 7:00 p.m. on Tuesday, August 9, 2022. • The Village Board will meet at 8:00 p.m. on Tuesday, August 9, 2022. Mayor Johnson reminded the Village Board she planned to have additional Village Board training with the Fire and Police Departments for safety related measures. She will circulate dates to the Village Board and asked that the Board members respond to her quickly so she could schedule the training soon. Village Administrator's Update Village Administrator Amidei let the Village Board know that there would be some increased security measures implemented at the Village Hall. She also reminded the Village Board that the fireworks had been re-scheduled and would take place on August 11th with a rain date of the 12th. A reminder mailing would be sent to all the residents with the new date. She also reminded the Village Board that the inaugural National Night Out would be on August 2nd and thanked the Police Department for organizing the event. She was also planning to re-schedule the Parks and Recreation Committee meeting due to its conflict with the National Night Out Event. Mayor Johnson told the Village Board that appropriate decorum was required at all public Board meetings towards the Mayor while presiding over public meetings and alt Village related Board meetings. She also indicated that inappropriate comments or behavior would not be tolerated. Executive Session Trustee Adams moved to enter executive session per 5 ILCS 120/2(c)(2) and 5 ILCS 120/2(c)8, at 9:26 p.m., and Trustee Garrity seconded. The motion carried on a roll call vote as follows: Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Love, Village Trustee Connell. The motion was approved. 8 Board of Trustees Village Board Agenda Minutes July 26, 2022 Trustee Garrity moved to leave executive session and return to the regular Board meeting at 10:45 p.m. Trustee Love seconded. Adjournment With no further business to come before Village Board, Trustee Adams moved to adjourn the meeting at 10:46 p.m., and Trustee Hickey seconded. The motion carried on roll call vote as follows: Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Love, Village Trustee Connell. The motion was approved and the meeting was adjourned at 10:46 p.m. Respectfully submitted, C^MS^JLflu'tSLi Kelly A. AmT^ei Deputy Village Clerk