Village Board Meeting

BOARD OF TRUSTEES VILLAGE BOARD MEETING Tuesday, September 13, 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 8:12 p.m. Those present were: Mayor Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Hickey, Matthew Krummick, Dan Love, and James Connell. Mayor Johnson read two proclamations into the record: National Hispanic Heritage Month and National Rail Safety Month. Items Not on the Agenda | Presentation of items not on the Agenda will be limited to three (3) minutes Mayor Johnson asked if there was any public comment. Dan Nikolich of 339 Woodland Rd. presented a concern regarding parking at Butler Park. He noted that there were only 199 parking spots, which in his opinion was not enough to support the football program. Many people received parking tickets because they parked on the grass. He requested that the Village work on a solution. Mayor Johnson responded that parking on the grass was not an option. She noted that elderly persons should have priority in terms of the spaces. She further suggested that they should look at sending out communication to their members to keep spaces open for elderly persons. She also recommended using the overflow parking that is available at various locations. She noted that the Village will identify overflow spots and communicate them to him. She asked that he set up a meeting to follow-up on next steps. Trustee Krummick suggested that they come and discuss the issue at a Parks and Recreation Committee meeting. Trustee Connell noted that he has also received several calls on this issue. Administrator Amidei noted that some of the spots have been taken up by dirt and lifts due to a construction project but that they will be removed by the end of this week. 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 Items B. Approval of Minutes of the July 12, 2022, July 26, 2022 and August 23, 2022 Village Board Meetings C. Bills for Approval D. RESOLUTION NO. 22-R-130: A Resolution to Approve a Fee Waiver - MainStreet Libertyville VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes September 13, 2022 E. RESOLUTION NO. 22-R-131: A Resolution to Approve a Special Event - Prayer and Liturgy in Cook Park F. ORDINANCE NO. 22-0-70: An Ordinance Granting a Variation From Section 26-4-8.5(d) of the Libertyville Zoning Code Regarding the Comer Side Yard Setback (341 North Third Street) - George and Heather Green, Applicant G. RESOLUTION NO. 22-R-132: A Resolution to Approve a Professional Services Agreement with McMahon Associates, Inc. for Control Building Electrical Upgrades at the Wastewater Treatment Plant H. RESOLUTION NO. 22-R-133: A Resolution to Approve a Raffle License - Libertyville Sunrise Rotary Club I. RESOLUTION NO. 22-R-134: A Resolution to Release Certain Executive Session Minutes of Certain Closed Meetings of the Village Board of Trustees A motion for approval was made by Village Trustee Adams, Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The omnibus vote agenda items were approved by a 6-0 vote. REGULAR AGENDA 4. REPORT OF THE ZONING BOARD OF APPEALS, (ZBA 22-22), Variation for Signage, McDonald's USA LLC, Applicant - 1330 N. Milwaukee Avenue Mayor Johnson reported that McDonald's USA LLC requested a sign variation to increase the number of secondary menu boards at 1330 N. Milwaukee Avenue to serve a second drive-thru lane. The applicant appeared at a public hearing before the Zoning Board of Appeals to request the variation. Members of the Zoning Board of Appeals concurred with the request as it was consistent with the previously issued amendments to the Special Use and Site Plan permits to allow the second drive-thru lane. 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. Members of the Board expressed support for the project. A motion for approval was made by Village Trustee Adams, Seconded by Village Trustee Hickey. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The report was approved by a 6-0 vote and staff was directed to prepare an ordinance for the September 27, 2022, meeting. 5. ORDINANCE NO. 22-0-71: An Ordinance Amending the Number of Class B Liquor Licenses - La Mera Mera Taqueria Mayor Johnson stated that the Village received an application for a Class B Liquor License from Erick Villegas, owner of La Mera Mera Taqueria, located at 1428 S. Milwaukee Avenue, Libertyville. The application was reviewed by the Mayor/Liquor Commissioner and Village 2 Board of Trustees Village Board Meeting Minutes September 13, 2022 Staff. The Ordinance amended the Municipal Code to increase the number of Class B Liquor Licenses from nineteen (19) to twenty (20) and allowed the issuance of the liquor license to La Mera Mera Taqueria. Mayor Johnson asked if there were any public comments, and there were none. Members of the Board expressed support and welcomed La Mera Mera Taqueria. The owner of the business noted that he had other restaurants in Lake County and is excited to open his restaurant in Libertyville. A motion for approval was made by Village Trustee Love, Seconded by Village Trustee Hickey. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The Ordinance was approved by a 6-0 vote. 6. ORDINANCE NO. 22-0-72: An Ordinance Imposing a Special Non-Home Rule Municipal Retailers' Occupation Tax Pursuant to 65 ILCS 5/8-11-1.6 and a Special Non-Home Rule Municipal Service Occupation Tax Pursuant to 65 ILCS 5/8-11-1.7, in the Village of Libertyville Mayor Johnson reported that on August 27, 2019, the Village Board adopted a Capital Improvement Plan (CIP). The CIP identified Village infrastructure needs pertaining to areas including, but not limited to, roads, parking lots, parks, facilities, and information technology. With respect to Village facilities, the funding needs in the original CIP reflected capital maintenance to extend the life of, but not to otherwise enhance, existing facilities as designated in the 2018 facility reserve studies. However, over the past year, the Village Board had reassessed the long-term operational viability of key Village facilities, determining that it would be necessary to either 1) Acquire and build-out on new property or 2) Extensively renovate existing municipal properties. The Village did not have a dedicated funding source to meet the anticipated needs. To finance the improvements, staff reviewed several options. To complete the projects using solely a dedicated revenue source, staff recommended that the Village Board enact a special Non-Home Rule Municipal Retailers' Occupation Tax and special Non-Home Rule Municipal Service Occupation Tax at a rate of 0.5% each. Eligible sales are subject to either one or the other, but never to both at the same time. The tax would not apply to titled personal property or tangible personal property normally taxed at a rate of 1.0% under the Retailers' Occupation Tax Act. This tax revenue, along with existing Village cash reserves, would be sufficient to address key facility needs. This new revenue source would be segregated from Village operational revenues and would be used solely for facility improvements and related potential future debt payments associated with such improvements. The tax would be imposed beginning on January 1, 2023 and collected and enforced by the Illinois Department of Revenue. Staff recommended adoption of the ordinance imposing a special Non-Home Rule Municipal Retailers' Occupation Tax and a special Non-Home Rule Municipal Service Occupation Tax at a rate of 0.5% each. Mayor Johnson asked if there were any public comments, and there were none. Board of Trustees Village Board Meeting Minutes September 13, 2022 Trustee Garrity stated that the decision was vetted thoroughly and that the Board had looked at the impact and why they should apply it. He noted that just because you can do something doesn't always mean you should do it. However, he noted the Village needed to fund the buildings, and this was a onetime opportunity for the Village to impose a tax that would be dedicated to buildings and/or replacement of facilities. Trustee Mickey noted that he is the Chairperson of the Finance Committee. The Finance Committee held a meeting prior to the Board Meeting. The Finance Committee voted 3-0 to recommend approval to the Village Board. Trustee Hickey thanked the Mayor for engaging the Board in the process and thanked the administrative team as well. He stated that there was a need for this. The Schertz building had aged and was no longer fit for its purpose. He added that the Village needs to make sure the departments operate efficiently and was doing the minimum to make the investment in the facilities. He also noted it was a consumption-based tax and was not regressive. Groceries and medications would be exempt. Trustee Krummick stated that he realized that there is aging infrastructure and a need to provide better space for staff. He asked himself the question of, because we can should we? He also noted that staff had done their research and work behind the scenes to determine if this was the best option. He wished that there was more of a notification timeframe, however we were bound by the timeframe from the State deadline. Trustee Love agreed with the needs that had been summarized. He had seen when touring the buildings that they are unacceptable. He agreed it is short-term notice but that it is a very important opportunity. Trustee Connell thanked Finance Director Mostardo for his creativity on the matter. He noted that timing required the Board to be decisive and he believed this is the best possible scenario. Mayor Johnson agreed that the public process is important, but they are elected to make decisions for the public. She noted that they had weighed the needs carefully and that she supported the tax. Trustee Krummick noted that the cost is very low to the public and that a Referendum for a property tax increase would be more costly. Finance Director Mostardo agreed and noted that a referendum would not spread the burden equally. A motion for approval was made by Village Trustee Hickey, Seconded by Village Trustee Connell. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The ordinance was approved by a 6-0 vote. 7. RESOLUTION NO. 22-R-135: A Resolution to Approve an Intergovernmental Agreement with the Lake County Stormwater Management Commission for the Rockland Road Corridor and Highlands Subdivision Phase 1 & 2 Flood Reduction Projects Public Works staff worked closely with the Lake County Stormwater Management Commission to secure $7,641,377.00 in grant reimbursement funding from the Illinois Department of Commerce and Economic Opportunity Stormwater Capital Improvement Program (DCEO-STOCIP) for three capital flood reduction projects. The three capital flood reduction projects were the Rockland Road Corridor and Highlands Subdivision Phase 1 & 2. The construction contracts had been awarded for two of 4 Board of Trustees Village Board Meeting Minutes September 13, 2022 these projects; Rockland Road Corridor in the amount of $2,978,613.30 and Highlands Subdivision Phase 1 in the amount of $6,414,522.89. The current estimate of construction costs for the Highlands Subdivision Phase 2 project was $4,725,000. One of the requirements for the Village to receive the reimbursement DCEO-STOCIP grant funding was the execution of an Intergovernmental Agreement with the Lake County Stormwater Management Commission, which has been reviewed and approved by the Village Attorney. The Agreement outlined the parameters for the grant reimbursement funds and the payment of $616,992.00 in project expense match (PEM) funds to the Lake County Stormwater Management Commission. The purpose of the PEM funds is to cover the Commission's costs for administration of the DCEO-STOCIP grant funds. Payment of the PEM funds are due by November 30, 2022. Staff recommended adoption of the resolution approving the Intergovernmental Agreement with the Lake County Stormwater Management Commission for the Rockland Road Corridor and Highlands Subdivision Phase 1 & 2 Flood Reduction projects and authorized execution by the Village Administrator. Mayor Johnson asked if there were any public comments, and there were none. Board members expressed support for the IGA. Trustee Garrity asked about the services that would be received for the Village's required contribution of the agreement. Public Works Director Kendzior explained that Lake County Stormwater Management Commission was not fully funded by the County. The funds assist with administration of the grants they give out and the grant administration. A motion for approval was made by Village Trustee Adams, Seconded by Village Trustee Connell. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The resolution was approved by a 6-0 vote. 8. RESOLUTION NO. 22-R-136: A Resolution to Approve a Contract with Stuckey Construction Co., Inc. for the Adler & Riverside Park Swimming Pool Renovations - Phase 1 The Village maintains and operates Adler and Riverside Park swimming pools. The Adler filter room was reconstructed in 1992. The filters, pumps and valves are now 30 years old and reaching the end of their useful service life. The Riverside swimming pool was built in the late 1960's with the filter room components updated in the 1990's. The filters, pumps and valves are also near the end of their expected useful life. In 2021 the WT Group was contracted to perform an audit of the aquatic, mechanical, electrical, and plumbing components at both pools. The audit recommended replacing the filter room components (filters, pumps, valves, and appurtenances) at both swimming pools as the first step to modernize these facilities (Phase 1). The WT Group prepared plans and specifications for the necessary swimming pool renovations. Public Works staff solicited competitive sealed bids for the Phase 1 Renovations. Two responses were received at the bid opening held on August 23, 2022. The lowest responsive bid was from Stuckey Construction Co., Inc. in the amount of $316,200. This price included Alternate No. 1 for four recommended valve extensions. The bid summary was included in the Board packet materials. Board of Trustees Village Board Meeting Minutes September 13, 2022 Staff received favorable references from three municipalities and the WT Group, all of which also recommended selecting Stuckey Construction Co., Inc. Village staff recommends awarding the contract to Stuckey Construction Co., Inc. for the Adler & Riverside Park Swimming Pool Renovations - Phase 1. Sufficient funds are available in the Park Improvement Fund (45-0000-0- 782) for the proposed project. Staff recommended adoption of the resolution approving the contract for the Adler & Riverside Park Swimming Pool Renovations - Phase 1 with Stuckey Construction Co., Inc. in the not to exceed amount of $316,200 (which includes Alternate No. 1) and authorized execution by the Village Administrator. Mayor Johnson asked if there were any public comments, and there were none. Trustee Connell asked what type of usage there was at Riverside pool. Administrator Amidei noted that it is a neighborhood pool. A motion for approval was made by Village Trustee Garrity, Seconded by Village Trustee Connell. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The resolution was approved by a 6-0 vote. 9. RESOLUTION NO. 22-R-137: A Confirming Resolution to Approve Change Order No. 1 with National Power Rodding Corp. for the 2022 Sanitary & Storm Sewer Cleaning, Televising and Lining Project On February 22, 2022, the Village Board approved a contract with National Power Rodding Corp. in the amount of $409,047.50 for the 2022 Sanitary & Storm Sewer Cleaning, Televising and Lining Project (Resolution # 22-R-30). During construction, additional work was necessary that was not anticipated in the original project scope. This work predominantly included additional sewer grouting between the liner and host pipe due to more accurate field measurements, additional manhole rehabilitations to facilitate the installation of the liner, a slight increase in pipe lining based on actual completed amounts and an agreed to 50/50 cost share in the equipment rental/storage/re- mobilization costs for the lining work on Rockland Road that needed to be completed when school was out. The 50/50 cost share for the equipment rental/storage/re-mobilization costs between the Village and contractor was agreed to because the contractor's bypass pumping/detour plan was not entirely accurate and Village staff should have communicated more strongly the need for emergency vehicles to traverse the detour routes in order to get to and from nearby Condell Hospital. The additional work resulted in $49,715.06 of costs beyond the originally approved contract amount. All work was performed under the direct supervision of the Village Engineering Division staff, and the increases in scope had been documented and agreed to with the contractor. A confirming Resolution was necessary because the additional work had to be completed in order to not extend the duration of the detour routes for Rockland Road and Garfield Avenue. Sufficient funds are available in the FY 2022/23 Annual Budget in the Utility Fund (Acct.# 20-2024-6-776) to accommodate this additional work. The Change Order increased the total and final price of the contract to $458,762.56. Staff recommended adoption of the attached Confirming Resolution for approval of Change Order No. 1 in the amount of $49,715.06 to the contract with National Power Rodding Corp. for the 2022 Sanitary & Storm Sewer Cleaning, Televising and Lining Project. Board of Trustees Village Board Meeting Minutes September 13, 2022 Mayor Johnson asked if there were any public comments, and there were none. President Johnson asked if there were any concerns with why these issues were not identified until the project commenced. Director Kendzior responded that the project was very complicated. Trustee Garrity asked if there were any lessons learned and if we would use the technology in the future. Director Kendzior stated that it was still very good technology. Trustee Hickey thanked staff for their work on the project. Trustee Krummick noted that everyone did a great job on the project. A motion for approval was made by Village Trustee Adams, Seconded by Village Trustee Love. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The Resolution was approved by a 6-0 vote. Mayor Johnson announced the following: • The Bicycle Advisory Commission would hold its annual Community Bike Ride on Sunday, September 18, 2022, at 9:00 a.m. located at the small park pavilion behind Adler Pool. • The Appearance Review Commission/Historic Preservation Commission would meet at 5:00 p.m. on Monday, September 19,2022. • The Economic Development Commission would meet at 7:30 a.m. on Wednesday, September 21, 2022. • The Sustain Libertyville Commission would meet at 4:00 p.m. on Wednesday, September 21,2022. • The Parks and Recreation Advisory Commission would NOT meet at 3:00 p.m. on Thursday, September 22, 2022. • The Plan Commission/Zoning Board of Appeals would meet at 7:00 p.m. on Monday, September 26, 2022. • The Public Works Committee would NOT meet at 7:00 p.m. on Tuesday, September 27, 2022. • The Village Board of Trustees would meet at 8:00 p.m. on Tuesday, September 27, 2022. Village Administrator Update Administrator Amidei noted that the IDOT Milwaukee Avenue resurfacing project was ongoing. It was anticipated to continue into November. A Rockland Road Phase 2 open house meeting would be held on September 22nd from 4-6 pm at Village Hall. The Riverside tennis courts were resurfaced and were reopened. Administrator Amidei thanked Deputy Village Administrator Engelmann for her work on the Performance Art in the Park event. Executive Session Trustee Love moved to enter into executive session per 5 ILCS 120/2(c)(21) and 5 ILCS 120/2 (c)(11) at 9:13 p.m., and Trustee Connell seconded. The motion carried on a roll call vote as follows: Board of Trustees Village Board Meeting Minutes September 13, 2022 AYES: Trustees Adams, Garrity, Hickey, Krummick, Love, and Connell NAYS: None Trustee Love moved to leave executive session and return to the regular board meeting at 10:02 p.m., Trustee Connell seconded, and the motion was approved by a voice vote. Mayor Johnson asked the Trustees if they had any comments under Petitions and Communications. Comments from the Board Trustee Garrity thanked staff for their work on pursuing another OSLAD grant. Trustee Hickey thanked staff for their work on the Performance Art in the Park event as well as staff's work on the new funding source for facility needs. He was also looking forward to the community bike race. Trustee Connell noted that JAWA is looking to add Lake Zurich, a representative from JAWA will be coming to give an update at a future Board meeting. He reported that two business listening sessions happened today. There was a lot of discussion about the need for co-workspaces. He further added that when he does his YouTube videos for businesses, he asked how MainStreet Libertyville had impacted them. Allure and Joyful Gourmet both recently said that First Fridays had really helped them as well as Wine about Winter. President Johnson noted that MainStreet Libertyvilte doesn't have a lot of volunteers right now and that it was important to try and support them. With no further business to come before Village Board, Trustee Garrity moved to adjourn the meeting at 10:18 p.m., and Trustee Connell seconded. The motion carried on roll call vote as follows: AYES: Trustees Adams, Garrity, Mickey, Krummick, Love, and Connell NAYS: None Respectfully submitted, KellyWnWi Deputy VHIage Clerk