Village Board Meeting

BOARD OF TRUSTEES VILLAGE BOARD MEETING Tuesday, February 28, 2023 at 8:00 PM Village Hall Board Room 118W. Cook Avenue Libertyville, IL 60048 MINUTES Mayor Johnson called to order a meeting of the Board of Trustees at 8:00 p.m. Those present were: Mayor Donna Johnson, Trustees Peter Garrity, Matthew Hickey, Matthew Krummick, Dan Love and James Connel!. Not present Trustee Scott Adams. 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. Mr. Ed Lejeune spoke on several matters. He raised concerns regarding the speed limit on Milwaukee Avenue. He noted that in front of the hardware store that he owns motorists driving from the south are speeding. He would like the Village to consider a 35-mph speed limit southbound. He also asked if a school zone could be created in the area due to the proximity to Rockland School. The Mayor noted that the road is owned and maintained by IDOT and that they control the speed limit on the road. She will discuss the issue with the Police Department and provide him with an update. Trustee Garrity echoed the idea of a school zone in the area. Mr. Lejeune also asked if the Village plans to install a sidewalk in front of his property which is located at 426 S. Milwaukee. Staff explained that the sidewalks that have been installed near his property were done by private property owners. Trustee Krummick asked staff if the Physician's Immediate Care next to his property was installed as part of the recent construction of their property. Director Spoden responded that it was a condition of their construction. Mr. Lejeune also asked that the Village consider extending the Christmas decorations that are on Milwaukee Avenue further south on Milwaukee Avenue. 3. Omnibus Vote Agenda Mayor Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion. Trustee Krummick asked to remove Item 3F for separate discussion. A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the February 14, 2023 Village Board Meeting C. Bills for Approval VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes February 28, 2023 D. ORDINANCE NO. 23-0-06: An Ordinance to Waive Competitive Bidding and Approve a Contract with Tallgrass Restoration, LLC for the Charles Brown Reservoir and Forebays Shoreline Plant Maintenance E. ORDINANCE NO. 23-0-07: An Ordinance Amending Provisions of the Libertyville Municipal Code Regarding the Village's New Engineering Design Standards F. ARC Report A motion was made by Village Trustee Garrity to approve the omnibus vote agenda, items 3A - 3E. Seconded by Village Trustee Mickey. Voting Yea: Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The items was approved by a 5-0 vote. Discussion Regardina Item 3F Trustee Krummick asked if the height of the signs that are planned for installation comply. Director Spoden responded that it is in compliance with the Village's zoning code. Trustee Krummick asked if the landscaping is included in the proposal. Director Spoden responded that it is. A motion was made by Village Trustee Garrity to approve Item #3F, Seconded by Village Trustee Hickey. Voting Yea: Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 5-0 vote. REGULAR AGENDA 4. RESOLUTION NO. 23-R-26: A Resolution to Approve a Request for a Special Event - Festival of the Arts The Mayor reported that The Adler Arts Center and the GLMV Chamber of Commerce requested Village Board approval for the 42nd annual Festival of Arts event on August 5th and 6th, 2023. They also requested to place a Banner in Cook Park and four entryway signs to promote the event. The Art's Festival is weil-attended and brings residents and visitors to the downtown to shop, dine and stay, consistent with the goal to promote Libertyvilie. Approval of the event by the Village Board would be subject to the following conditions: • Approval from Cook Park Library to block the entrance to the parking lot, utilization of their waste corral for recycling and waste and notification to other entities that will have limited access during the event. • Schedule a meeting with the Village Administration prior to the event to review the layout of the event activities. Mayor Johnson asked if there were any public comments, and there were none. Trustee Garrity asked if there were any changes from last year. Board of Trustees Village Board Meeting Minutes February 28, 2023 Amy Williams, Executive Director of the Adler Center stated that they may change the location of the stage to move it closer to the festival. Trustee Hickey asked if there would be a community mural at the event. Ms. Williams stated that they have spoken with Rustoleum about options and are exploring including it again for 2023. A motion was made by Village Trustee Love to approve a request for the 2023 Festival of the Arts, Seconded by Village Trustee Connell. Voting Yea: Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The items was approved by a 5-0 vote. 5. RESOLUTION NO. 23-R-27: A Resolution to Approve a Special Event - Dog Days of Summer The Mayor stated that the Village received a request from the Knights of Columbus for the annual Dog Days of Summer event on July 6, 2023 through July 9, 2023. The Knights of Columbus requested the use of Church Street and a portion of Cook Park beginning at 8:00 a.m. on Friday, July 6, 2023 for set up, through Sunday, July 9, 2023 for cleanup. The Knights of Columbus also requested to place a banner in Cook Park to promote their event. The Knights of Columbus will obtain approval from Cook Memorial Library to close Church Street adjacent to their exit drive, utilize their waste corral for recycling and waste and has contacted St. Lawrence Church, Libertyville Civic Center, and Attorney Sean Wepplerto make sure that there are no conflicts on the day of the event. A meeting will also be held with Village Administration prior to the event to review the layout of the event activities. Village Staff will provide the fencing material so that volunteers can set up the fence in accordance with the approved event plan. Mayor Johnson asked if there were any public comments. Trustee Love recused himself due to his involvement with the Dog Days of Summer event. He stated that it is the 14th year for the event and that they donate any profits back to the community A motion was made by Village Trustee Connell to approve the 2023 Dog Days of Summer event, Seconded by Village Trustee Hickey. Voting Yea: Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Connell. The item was approved by a 4-0 vote. Voting Abstaining: Village Trustee Love 6. RESOLUTION NO. 23-R-28: A Resolution to Approve a Professional Services Agreement with Christopher B. Burke Engineering, Ltd. for Construction IVIanagement Services for the Nicholas Dowden Park Flood Control Project - Phase 2 The Mayor reported that the second and final phase of the Nicholas Dowden Park Flood Control Project is scheduled to be completed in the 23/24 Fiscal Year. The project will require the services of a consultant to provide construction management services, which wil! include oversight of the contractor's daily construction activities, material inspection, coordination and recommending approval of pay requests. Staff received a proposal from Christopher B. Burke Engineering, Ltd. (CBBEL), who performed the 3 Board of Trustees Village Board Meeting Minutes February 28, 2023 engineering design and permitting services for the project, in the amount of $652,230. There is sufficient funding in the Annual Budget/Stomnwater Fund and the Village was also awarded $2,141,377 in grant funding from the Illinois Department of Commerce and Economic Opportunity (DCEO). The proposed agreement with CBBEL 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 CBBEL based upon their related work on previous construction management projects. Staff recommended adoption of the Resolution to approve a professional services agreement for the Nicholas Dowden Park Flood Control Project - Phase 2 with the firm of Christopher B. Burke Engineering, Ltd. in the not-to-exceed amount of $652,230 for construction management services, subject to appropriation of funds in the FY 2023/24 Annual Budget and authorize execution of the agreement by the Village Administrator. Mayor Johnson asked if there were any public comments, and there were none. Trustee Garrity noted that CBBEL has done numerous projects for the Village and has consistently done a good job. Trustee Krummick asked for clarification regarding the lining of an outfall sewer near Charles Brown that was deferred. Director Kendzior noted that it will be requested in the budget for FY 24/25. A motion was made by Village Trustee Connell to approve a contract with Christopher B. Burke Engineering, Ltd., Seconded by Village Trustee Love. Voting Yea: Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 5-0 vote. 7. RESOLUTION NO. 23-R-29: A Resolution to Award a Construction Contract for the Nicholas Dowden Park Flood Control Project - Phase 2 to DilVleo Brothers, Inc. Mayor Johnson stated that the Fiscal Year 2023/24 Annual Budget includes funding for construction of the second and final phase of the Nicholas Dowden Park Flood Control Project, which is included in the Village's Master Stormwater Management Plan. The proposed project will address historical flooding in the area south of Route 176 between Butterfield Road and Garfield Avenue. Phase 1 of the project is nearing completion and included construction of a stormwater detention basin on the southern portion of Nicholas Dowden Park. Phase 2 of the project will upgrade storm sewers within the nearby neighborhoods to convey storm runoff to the newly constructed detention basin. A bid alternate was included in the project to provide for lining work for the existing storm sewer which serves as the outfall to the basin. 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. Four competitive contractor bids were received and opened on February 17, 2023. They were summarized as follows: Board of Trustees Village Board Meeting IVIinutes February 28, 2023 Contractor Base Bid Amount Alternate Bid Amount DilVleo Brothers, Inc $8.811,125.00 $8,914,765.00 Bolder Contractors, Inc. $9,276,810.00 $9,389,060.00 Berger Excavating Contractors, Inc. $9,691,345.00 $9,805,391.00 Campanella & Sons, Inc. $10,576,917.95 $10,733,474.90 Village staff recommended proceeding with the Alternate Bid. The Engineer's Estimate for the Alternate Bid was $8,389,225. The qualified low bid contractor was DiMeo Brothers, Inc in the amount of $8,914,765, who has successfully performed previous projects with the Village and is qualified for a stomnwater project of this scale. It is anticipated that construction will commence in April 2023. There is sufficient funding in the FY 22/23 and draft FY 23/24 Annual Budgets to accommodate the project. In addition to the local funding the Village was also awarded $2,141,377 in grant funding from the Illinois Department of Commerce and Economic Opportunity (DCEO). Documents detailing the required Business Enterprise Program (BEP) utilization have been submitted for review and approval by DCEO. Village execution of the contract will be contingent on DCEO acceptance of the submitted BEP utilization documents. Staff recommended adoption of the Resolution to award the construction contract for the Nicholas Dowden Park Flood Control Project - Phase 2 to DiMeo Brothers, Inc in the amount of $8,914,765 (which included the bid alternate), subject to appropriation of funds in the FY 2023/24 Annual Budget, and to authorize execution of the contract by the Village Administrator. Mayor Johnson asked if there were any public comments, and there were none. Trustee Garrity noted that the project is the next step in the stormwater management plan. He stated that the DCEO grant will be very helpful for the cost increases that we have seen with construction, and he believes it is prudent to move forward. A motion was made by Village Trustee Connell to approve an agreement with DiMeo Brothers Inc., Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 5-0 vote. RESOLUTION N0.23-R-30: A Resolution to Approve a Professional Services Agreement with Robinson Engineering, Ltd. for the 2023 Sanitary Sewer Evaluation Services Mayor Johnson reported that the Fiscal Year 2022/23 and Draft 2023/24 Annual Budgets include funding for several measures that are focused on maintaining and improving the Village's sanitary sewer system. Many of the items are intended to identify and address inflow and infiltration ("l&l") of stormwater and groundwater into the sanitary system. These often include investigative measures such as sewer televising, manhole inspections, and smoke testing, as well as rehabilitative measures such as point repairs and sewer pipe lining. Public Works staff requested a proposal from Robinson Engineering, Ltd. ("Robinson") for program management services due to their extensive experience in assisting municipalities with their l&l programs. Board of Trustees Village Board Meeting IVIinutes February 28, 2023 Robinson provided a proposal in the not-to-exceed amount of $198,995, which will be included as an attachment to the Village's standard Professional Services Agreement. The services are proposed to begin in March to allow for flow monitoring in the spring. Staff confirmed that sufficient funds are available in the Utility Capital Improvement Fund to accommodate the anticipated services within FY 2022/23, as well as the remainder of the contract in FY 2023/24. Any services provided after April 30, 2023 would be subject to appropriation of funds in the FY 2023/24 Draft Annual Budget. Staff recommended approval of the resolution to approve a Professional Services Agreement for the 2023 Sanitary Sewer Evaluation Services to Robinson Engineering, Ltd. in the amount of $198,995, subject to appropriation of funds in the FY 2023/24 Annual Budget, and to authorize execution of the agreement by the Village Administrator. Trustee Garrity noted that this item has been discussed a lot as part of the stormwater master plan. He expressed support for addressing the l&l issues. Mayor Johnson asked if there were any public comments, and there were none. A motion was made by Village Trustee Connell to approve an agreement with Robinson Engineering, Ltd., Seconded by Village Trustee Love. Voting Yea: Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 5-0 vote. 9. RESOLUTION NO. 23-R-31: A Resolution to Award a Design-Build Construction Contract for the Kristin Drive Drainage Improvements Project to Burke, LLC. Mayor Johnson reported that in the Village-Wide Master Stormwater Management Plan prepared by Christopher B. Burke Engineering, Ltd (CBBEL), it was determined that improvements to address three flood study areas (Winchester Road, Interlaken Lane and Stonegate Road) should be combined into a single proposed project, referred to as the Winchester Corridor Flood Reduction project. Due to the scale and complexity of this project, it is currently scheduled to occur over multiple years (2026-2029). It was determined in coordination with CBBEL that a small portion of the Winchester Corridor Flood Reduction project could be advanced and completed as a standalone project that would provide immediate flood reduction benefits to adjacent residences and properties. The proposed project is referred to as the Kristin Drive Drainage Improvements, which includes a larger sized storm sewer to increase the level of protection for this location. Burke, LLC, a subsidiary of CBBEL, proposed to complete the final design, construction, and construction oversight under a single design-build contract, in which they successfully utilized with similar scale projects in other municipalities. Staff recommended that the design-build approach will deliver anticipated savings in both time and expenses as compared to the traditional design-bid-build method for the Kristin Drive Drainage Improvements project. Burke, LLC has provided a contract for a guaranteed maximum price of $147,867. The contract has also been reviewed and approved by the Village Attorney. It is anticipated that construction will start and be completed within the month of April, 2023. There is sufficient funding in the FY 2022/23 Annual Budget/Stormwater Fund for the project. Staff recommended adoption of the Resolution to Award a contract for the Kristin Drive Drainage Improvements project to Burke, LLC in the not-to-exceed amount of $147,867 and authorize execution of the contract by the Village Administrator. 6 Board of Trustees Village Board Meeting Minutes February 28, 2023 Mayor Johnson asked if there were any public comments, and there were none. Trustee Garrity noted that the project will address an immediate need in the community and that he supports the project. Trustee Mickey asked what kind of communication will be provided to the residents regarding the project. Director Kendzior stated that the Village Engineer has been talking with the neighbors. Trustee Krummick noted that it is great to see the project happening. Trustee Love commented that he has personally seen the issues in the area and is happy to see the projects moving forward. A motion was made by Village Trustee Connell to approve a design-build contract for the Kristin Drive Drainage Improvements Project to Burke, LLC., Seconded by Village Trustee Love. Voting Yea: Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 5-0 vote. 10. Consideration of an Ordinance Amending Sunset Clause on Simplified Telecommunications Tax to expire June 30, 2024 This item was deferred to a future meeting. 11. Consideration of a Resolution Ratifying the Execution of a Reciprocal Easement Agreement for the Corporate Center Subdivision-(1800,1850 & 1950 N. U.S. Highway 45) This item was deferred to a future meeting. 12. Mayor's Update Mayor Johnson announced the following; • The Human Relations Commission will NOT meet at 5:00 p.m. on Wednesday, March 1 , 2023. • The Village Board will hold a Committee of the Whole meeting at 8:00 a.m. on Saturday, March 4, 2023 to review the draft budget for 2023-2024. • The Parks and Recreation Committee wi!l NOT meet at 6:00 p.m. on Tuesday, March 7, 2023. • The Village Board will hold a Committee of the Whole meeting at 6:00 p.m. on Tuesday, March 7, 2023. • The Plan Commission/Human Relations Commission will meet at 5:30 p.m. on Wednesday, March 8, 2023. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, March 13, 2023. 7 Board of Trustees Village Board Meeting Minutes February 28, 2023 • The Bicycle Advisory Commission will meet at 5:00 p.m. on Tuesday, March 14, 2023. • The Village Board will meet at 8:00 p.m. on Tuesday, March 14, 2023. 13. Village Administrator Update Administrator Amidei reported that the Sports Complex was sold today. She thanked Directors Mostardo and Spoden and Attorney Passman for their work on completing the sale of the property. She noted that the Village had approximately 1.5" of rain the other night which resulted in a lot of standing water and that the Village handled a lot of calls from the public. She further reported that the Village's Budget workshop will occur on Saturday, March 4th at 8:30 a.m. Board Comments Mayor Johnson thanked Administrator Amidei for all her work on the sale of the Sports Complex property. 14. Executive Session Trustee Garrity moved to enter executive session per [5 ILCS 120/2 (c)(1)] Personnel/Legal Counsel, and Real Estate: Purchase or Lease (Buy) [5 ILCS 120/2(c)(5)] at 9:03 p.m. and Trustee Mickey seconded. The motion carried on a roll call vote as follows: Voting Yea: Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The motion was approved by a 5-0 vote. Trustee Connell moved to leave executive session and return to the regular board meeting at 9:17 p.m., Trustee Love seconded, and the motion was approved by a roll call vote. Voting Yea: Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Viliage Trustee Love, Village Trustee Connell. The motion was approved by a 5-0 vote. With no further business to come before Village Board, Trustee Garrity moved to adjourn the meeting at 9:18 p.m., and Trustee Hickey seconded. The motion carried on roll call vote as follows: Voting Yea: Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Conneii. The motion was approved by a 5-0 vote. t-dn^'Sa' Kelty Ami( Deputy VjHac^-Clerk