Village Board Meeting

BOARD OF TRUSTEES VILLAGE BOARD MEETING Tuesday, November 22, 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 8:03 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 Josh Kraft, Recreation Lifeguard for the Golden Guard Award which was presented by Jeff Ellis and Associates for his excellent lifeguarding skills and professionalism. 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. Resident Dan Marks spoke regarding the recent Economic Development Commission meeting in which a developer was present At the meeting the developer spoke about his experience with the process with the Village for developing a business in the community. Mr. Marks stated that he feels that the Village needs to make some changes, to include the perception of the Village's development process, to get developers interested in the community. He suggested that the Viilage look at other communities' zoning laws where developers have been successful. John During, owner of Pizzeria DeVille thanked everyone for their service. He noted that we need to bring more consumers into the Village. He feels this is a unique period in the economy and that the site that was being discussed at the Economic Development Commission would be an opportunity the Village would be missing out on. He stated that the Village needs to get more customers into the community to increase revenues for businesses. He believes recreational cannabis should be considered as an allowable business use in the community. Laurie Murphy, owner of Murphy's Juice Bar noted that she is a 26- year business owner in the community. She has customers that come from all over. She feels we need more people walking around town. She would like the Village to be more progressive with development and zoning regulations. Trustee Love asked how the Village Board influences comments made at the Economic Development Commission meetings. Mayor Johnson stated that in the past this has been done as part of the comprehensive plan process. She noted that what we may want to do is pull out certain sections of the zoning code and review them. Trustee Mickey asked where the development currently is in the development process. Community Development Director Spoden reported that the site would be a planned development. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting IVIinutes November 22, 2022 Trustee Hickey responded that much of what has been mentioned under public comment with respect to variations for a property, etc. would be part of the negotiation process for planned unit developments. Mayor Johnson stated that some developers have indicated that they feel that our negotiation process has historically not been as receptive as other communities. She also noted that construction costs have changed, and upfront costs have increased. Trustee Mickey noted that the Village Board could consider using Committee of the Whole meetings as temperature taking sessions with developers and that it is his understanding that this has been done in the past. Director Spoden acknowledged that would be an option but that some developers do not want to discuss projects pubiicly at that stage. Trustee Hickey responded that the name of the potential business could be left out of the discussion. Director Spoden concurred that would be an option. Omnibus Vote Agenda Mayor Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for a separate discussion. A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the November 8, 2022 Village Board Meeting C. Bills for Approval D. ORDINANCE NO. 22-0-85: An Ordinance Granting a Variation From Section 26-4-7.5(d) of the Libertyville Zoning Code Regarding the Corner Yard Setback (303 Broadway) - David and Pamela King, Applicants E. RESOLUTION NO. 22-R-162: A Resolution to Allow the Use of Village Property" Freedom from Religion Foundation F. Community Rating System (CRS) Annual Report Requirement G. ORDINANCE NO. 22-0-86: An Ordinance to Amend the Libertyville Municipal Code Section 23-28 to Correct Discrepancies for the Speed Limits on Golf Road and Harris Road H. Police and Fire Pension Funds - Municipal Compliance Report and Tax Levy Request 1. RESOLUTION NO. 22-R-163: A Resolution to Approve a Confirming Resolution for Change Order No. 1-3 with Schaefges Brothers, Inc. for the Paul Neal Pickleball Courts A motion for approval of the omnibus agenda was made by Village Trustee Adams, Seconded by Village Trustee Garrity. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes November 22, 2022 Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Conneli. The item was approved by a 6-0 vote. REGULAR AGENDA 4. REPORT OF THE ZONING BOARD OF APPEALS, (ZBA 22-29), Variation of RearYard Setback, Daniel Stetson, Applicant -1205 Parliament Court Mayor Johnson reported that at the November 14, 2022 meeting, the Zoning Board of Appeals heard a request from the property owner at 1205 Parliament Court for a rear yard setback variation to allow construction of a rear stoop. The petitioner reported that they are moving the egress to a new sliding glass door and a stoop is required. As that portion of the house is already encroaching into the setback, a variation would be required. Members of the Zoning Board of Appeals concurred with the request and noted that a future patio would be in compliance with Code. A motion to recommend Village Board of Trustees approval passed with a vote of 6 - 0. Mayor Johnson asked if there were any public comments, and there were none. A motion for approval of the Report of the Zoning Board of Appeals was made by Village Trustee Conneil, Seconded by Village Trustee Mickey. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The Item was approved by a 6-0 vote. 5. Tax Levy Public Hearing - 2022 Tax Levy Mayor Johnson stated that on November 8, 2022, the Village Board met as a Committee of the Whole to discuss the 2022 property tax levy. The Corporate levy funds fire protection, streets and bridges, recreation and parks, pensions. and other government services. Based upon review of several options, the Committee recommended a Corporate levy in the amount of $7,547,403. This represents a 9.411 % increase over last year's extension. The magnitude of the increase is not only related to the 5.0% CPI allowance under the Property Tax Extension Limitation Law (PTELL), but more significantly due to the expiration of the Downtown TIF District and recovery of $47,013,543 in assessed valuation. While not subject to a cap, the Tax Year 2022 proposed property tax levy for Special Recreation is $194,000. For General Obligation Bonds, the amount is $1,690,979 after abatements. During the November 8, 2022 Village Board meeting, the Board adopted Resolution 22-R-158, which formally estimated the total property taxes levied for Tax Year 2022 to be $12,333,956 and the estimated amount to be extended after debt service abatements to be $9,432,382. The impact on a $500,000 home would be an approximate $27 (2.3%) increase compared to the year prior. The Village portion of a taxpayer's total property tax bill is about 9%. The Village also administers two special service areas (SSA's). The Timber Creek Special Service Area (SSA) was established to provide a funding mechanism to maintain outlets A, C and E, the directionai sign, and the retention basins within the subdivision. At the Committee of the Whole meeting on November 8, 2022, the Village Board estimated a 2022 SSA tax levy for Timber Creek VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting IVIinutes November 22, 2022 in the amount of $21,140. There are no significant changes In expenses planned for the 2023-2024 Budget, the levy amount will remain the same for tax year 2022. The fund balance in the fund is estimated to be $77,491 as of April 30, 2023. The Concord at Interiaken SSA was established to maintain the perimeter landscaping screening, fence, water detention basins, signage, and out!ot A within this subdivision. At the Committee of the Whole meeting on November 8, 2022, the Village Board estimated a 2022 SSA tax levy for Concord at Interiaken in the amount of $23,040. There are no significant changes in expenses planned for the 2023-2024 Budget, the levy amount will remain the same for tax year 2022. The levy is assessed evenly on a per lot basis over the entire 90 lots in the subdivision as approved by the Village Board in November 1999. The fund balance in the fund is estimated to be $62,197 as of April 30, 2023. Since the Village's levy increase is more than 105% of the previous year's extension, a Truth-in- Taxation hearing is required by law. The public hearing concerning the proposed tax levy allows taxpayers an opportunity to provide comments and was advertised, as required by !aw, in the Daily Heraid on November 11, 2022. Following the Public Hearing, staff will prepare the appropriate ordinances adopting the Tax Year 2022 property tax levy for consideration at the December 1 3,2022 Village Board Meeting. Mayor Johnson opened the public hearing. No public comments were received. Mayor Johnson closed the public hearing. Finance Director Mostardo noted that the TIF rolling off into the base EAV is driving the base levy increase. 6. RESOLUTION NO. 22-R-164: A Resolution for Change Order No. 1 to the Annual Streetlight Maintenance Contract Mayor Johnson reported that the Village Board renewed the Annual Streetlight Maintenance Contract with Geary Electric, Inc. in the amount of $125,000 on Apri! 26, 2022 with the passage of Resolution 22-R-59. The contract amount was based upon the available budgeted funds for Streetlight Maintenance in the Streets Department Budget. This work is performed as on-call time and material service with typical tasks including lamp/bulb and lantern replacements, cable fault repairs, pole repairs and "knockdown" replacements. The contract quantities are based upon an average of previous year's quantities, but actual quantities expended each year fluctuate due to road conditions impacted by severe weather, type of lights & poles (standard vs. decorative), the age and condition of the overall street lighting system which varies from each location and damage due to motor vehicle accidents ("knockdowns"). As of the end of October the expended contract amount was approximately $102,685 based upon al! the processed and pending invoices. With seven months remaining in the fiscal year and the usually high expenditures for "knockdowns" during the winter months, Public Works proposed a $50,000 change order to the contract. The proposed change order will bring the contract amount to $175,000. This will result in being over budget by the amount of the change order ($50.000). Staff recommended adoption of the resolution for approval of Change Order No. 1 to the Annual Streettight Maintenance Contract with Geary Electric, Inc. and authorize execution by the Village Administrator. Mayor Johnson asked if there were any public comments, and there were none. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes November 22, 2022 The Board expressed support for the increase. Trustee Garrity asked how much money is re-couped through insurance. Finance Director Mostardo did not have the amount readily available but would foilow-up. A Motion was made to approve the resolution approving a change order by Village Trustee Love, Seconded by Village Trustee Adams. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. Mayor Johnson announced the following: • The Village Hall and all Village non-emergency offices will be closed on Thursday, November 24th and Friday, November 25th, 2022 due to the Thanksgiving holiday. • The annual Tree Lighting Ceremony will be held at 6:30 p.m. on Friday, November 25,2022 in Cook Park. » The P!an Commission/Zoning Board of Appeals will meet at 7:00 p.m. on Monday, November 28,2022. • The Third Annual Santa Parade will be held on Saturday, December 3, 2022 beginning at 2:00 p.m. The map and route is on the Village website and was in the Newsletter. • The Parks and Recreation Committee will meet at 6:00 p.m. on Tuesday, December 6, 2022. • The Human Relations Commission will NOT meet at 5:00 p.rr. on Wednesday, December 7, 2022. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, December 12, 2022. • The Bicycle Advisory Commission will meet at 5:00 p.m. on Tuesday, December 13, 2022. • The Committee of the Whole will meet at 7:00 p.m. on Tuesday, December 13, 2022. • The Village Board wi!! meet at 8:00 p.m. on Tuesday, December 13, 2022. • The Appearance Review Committee/Historic Preservation Commission will meet at 5:00 p.m. on Monday, December 19, 2022. • The Parking Commission will NOT meet at 10:00 a.m. on Tuesday, December 20, 2022. • The Economic Development Commission will meet at 7:30 a.m. on Wednesday, December 21.2022. VILLAGE OF UBERTYVILLE Board of Trustees Village Board Meeting IVIinutes November 22, 2022 Village Administrator Comments Administrator Amidei stated that there would not be packets for the Village Board due to the Thanksgiving holiday. Board Comments Members of the Board wished everyone a Happy Thanksgiving. Trustee Love reminded the public to buy their Christmas trees locally. Executive Session Trustee Adams moved to enter executive session per [5 ILCS 120/2 (c) 11] at 8:54 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 Krummick, Village Trustee Love, Village Trustee Connell. Trustee Garrity moved to leave executive session and return to the regular board meeting at 9:37 p.m., Trustee Connell seconded, and the motion was approved by a voice vote. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. With no further business to come before Village Board, Trustee Adams moved to adjourn the meeting at 9:38 p.m., and Trustee Connell seconded. The motion carried on roll call vote as follows: Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Conneli. Respectfully submitted, ^a.c Kelly Amidf^i Deputy Village Clerk VILLAGE OF LiBERTYVILLE