Village Board Meeting

BOARD OF TRUSTEES VILLAGE BOARD MEETING Tuesday, April 25, 2023 at 8:00 PM Village Hall Board Room 118W. Cook Avenue Libertyville, I L 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 Scott Adams, Peter Garrity, Matthew Hickey, and James Connell. Trustee Matthew Krummick and Trustee Dan Love were absent. Items Not on the Agenda | Presentation of items not on the Agenda will be limited to three (3) minutes Moment of Silence Mayor Johnson asked for a moment of silence in honor of the recent passing of Harry Belafonte, Civil Rights Activist. Appointment of Recreation Director Mayor Johnson asked for a motion from the Board to appoint Matthew LaPorte as the Village's Recreation Director effective May 22, 2023. A motion was made by Village Trustee Garrity to approve the appointment of Matthew LaPorte as Recreation Director, Seconded by Village Trustee Adams. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Conneli. The items were approved by a 4-0 vote. Proclamations Mayor Johnson read proclamations into the record regarding the following: • Recognizing the Highland Middle School Wrestling Team • Recognizing Anna Becker - LHS Gymnastics State Champion • Recognizing Cole Matulenko - LHS Wrestling State Champion • Honoring Arbor Day • Honoring Asian American and Pacific Islander Heritage Month Mayor Johnson asked if there was any public comment. Patrick Scheibler of 200 Acorn Lane discussed issues with buckthorn and asked the Village to implement an initiative to remove buckthorn within the community. He further indicated that he would be willing to coordinate a team of volunteers to help with the effort. Mayor Johnson responded that the Village Administrator would follow up with him. Trustee Mickey noted that he would be willing to help with the effort. Omnibus Vote Agenda Mayor Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion and there were none. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes April 25, 2023 A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the April 6, 2023 and April 11, 2023 Village Board Meetings, and of Amended Minutes of the April 26, 2022 Village Board Meeting C. Bills for Approval D. RESOLUTION NO. 23-R-60: A Resolution for Use of Village Property - Libertyville Health & Mental Wellness E. RESOLUTION NO. 23-R-61: A Resolution for Use of Village Property - Prairie Crossing Metra Station Parking Lots F. RESOLUTION NO. 23-R-62: A Resolution to Approve Change Order No. 1 for the Purchase of a Replacement Public Works International Truck (Unit #321) from Rush Truck Center of Northern Illinois, Chicago IL G. RESOLUTION NO. 23-R-63: A Resolution to Approve a Grant Agreement Between the State of Illinois, Department of Natural Resources and the Village of Libertyville H. ORDINANCE NO. 23-0-19: An Ordinance Approving a Major Adjustment to the Pharma Logistics Corporate Center of Libertyville, Formerly Known as the Libertyville Corporate Center Planned Development (1755 Butterfield Road) -AGSCO Corporation, 1755 N. Butterfield Road I. RESOLUTION NO. 23-R-64: A Resolution to Approve a Professional Services Agreement with the Libertyville Civic Center Foundation (LCCF) for Senior Services J. RESOLUTION NO. 23-R-65: A Resolution to Approve a Contract Renewal with Precision Pavement Marking, Inc. for the Annual Thermoplastic Pavement Marking Program K. RESOLUTION NO. 23-R-66: A Resolution to Approve a Contract with Bear Construction for Epoxy Floor Repairs at the Public Works Streets & Utilities Facility Fleet Bay L. ORDINANCE NO. 23-0-20: An Ordinance Amending Article XIII of Chapter 13 of the Libertyville, Illinois Municipal Code Regarding the Simplified Municipal Telecommunications Tax M. ORDINANCE NO. 23-0-21: An Ordinance Amending Section 16-61 of the Libertyville Municipal Code N. RESOLUTION NO. 23-R-67: A Resolution to Accept the Joint Purchasing Proposal from Bear Construction for the Civic Center Kitchen and Parking Lot Repairs 0. RESOLUTION NO. 23-R-68: A Resolution Appointing Members to Village Commissions P. ARC Report Q. ARC/HPC Report R. RESOLUTION NO. 23-R-69: A Resolution to Approve a Fee Waiver - Community High School District 128 Board of Trustees Village Board Meeting IVlinutes April 25, 2023 A motion was made by Village Trustee Adams to approve the omnibus vote agenda, Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Connell. The items were approved by a 4-0 vote. REGULAR AGENDA 4. Report of the Zoning Board of Appeals, (ZBA 23-02), Variation of Rear Yard Setback - 271 Cypress Lane Mayor Johnson reported that the property owners at 271 Cypress Lane requested approval of a rear yard setback variation to allow construction of a house addition. The site is located in the Green Tree Subdivision which was approved with a 25-foot rear yard in 1971. The petitioners proposed to reduce the setback to approximately 17.3 feet. The Zoning Board of Appeals heard the request at the April 10, 2023 meeting and noted that the lot is irregular in shape due to its location in a cul-de-sac. A motion to recommend Village Board of Trustees approval passed with a vote of 6 - 0. Upon approval, an ordinance would be prepared for the next Board meeting. The general contractor representative for the project was present. Mayor Johnson asked if there were any public comments, and there were none. Trustee Adams stated that the request was appropriate given the lot configurations in that area. Trustee Garrity supported the request. Trustee Hickey thanked the owners for their investment in the community. A motion was made to approve a variation of a rear yard setback at 271 Cypress Lane by Village Trustee Adams, Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Connell. The motion was approved by a 4-0 vote. 5. Request for a Major Adjustment to the Planned Development Final Plan - Pulte Group, LLC, Applicant -1765 N. Milwaukee Avenue Mayor Johnson stated that Pulte Homes requested a Major Adjustment to the Planned Development Final Plan for Liberty Junction. The request would allow the installation of additional temporary signage including a new Development Sign at the south end of the site, signage adjacent to the model unit and parking, and two flag poles. The Appearance Review Commission recommended approval of the request, subject to the flag poles meeting the maximum Code height of 15 feet. As the signs and flag poles are temporary, Staff concurred with the recommendation of the Appearance Review Commission and recommended approval, subject to the 15-foot height restriction on the flag poles. Board of Trustees Village Board Meeting IVlinutes April 25, 2023 Mayor Johnson asked if there were any public comments, and there were none. Fabian Fondreist, land acquisition manager was present to answer any questions. The Board supported the request. A motion was made by Village Trustee Connell to approve a major adjustment to the planned development final plan for 1765 N. Milwaukee Avenue, Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Connell. The motion was approved by a 4-0 vote. 6. RESOLUTION NO. 23-R-70: A Resolution Amending an Intergovernmental Agreement with Community High School District No. 128 regarding Installation of a Pier on Butler Lake and a Shoreline Improvement Project Mayor Johnson stated that in 2021, the Village of Libertyville was contacted by Community High School District 128 (District) staff to discuss the installation of a removable pier located on Butler Lake to assist with science related instruction at Libertyville High School. The Parks & Recreation Committee reviewed the request and indicated support conditional on the District receiving approval from the Army Corps of Engineers and any other permitting related agencies. This was completed and the District and Village agreed to an intergovernmental agreement to outline the terms for the pier which was approved by the Village Board on January 11, 2022. At the December 6, 2022 Parks & Recreation Committee meeting, the Libertyville High School ECOS Club provided a presentation to the Committee for a shoreline improvement project behind Libertyville High School. The proposed project would be on a portion of the Village's property adjacent to the shoreline. The Committee was in favor of working with the ECOS Club to allow them to further their project. District 128 and Village of Libertyville representatives concluded that an amendment to the existing IGA for the pier was appropriate. District 128 made the appropriate changes to the Agreement and the Village agrees with the proposed changes. Staff recommended adoption of the resolution approving the execution of an amended intergovernmental agreement with Community High School District 128 for installation of a floating pier on Butler Lake and a Shoreline Improvement Project. The Libertyville High School ECOS Club members were present to make a presentation regarding their project. The ECOS Club presentation concluded with the following requests of the Village: • Limb up the trees on Village property • Consider removal of the buckthorn on the remaining stretch of shoreline that the Village owns • Provide treatment of the phragmites on Village owned property and expand the area to include the whole shoreline Mayor Johnson asked if there were any public comments. Casey Rooney, member of the School District 128 Board stated that she appreciated the continued partnership with the Village. 4 Board of Trustees Village Board Meeting tVIinutes April 25, 2023 Trustee Adams stated that he supports the initiative, and he would like to see how the Village can help them in the future. Trustee Garrity commented that the Village needs to look at what we are doing and what they are recommending and develop a plan going forward. Trustee Hickey stated that he was in favor of the work they are doing. He thanked the group for their hard work and communication. He believes the Village can and should support the initiative. Trustee Connetl stated that he supports the IGA. He thanked them for their work on it. A motion was made by Village Trustee Adams to approve an amended agreement with Community High School District 128, Seconded by Village Trustee Hickey. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Connell. The motion was approved by a 4-0 vote. 7. RESOLUTION NO. 23-R-71: A Resolution to Approve the Purchase of Bulk Road Salt from [Vlorton Salt, Inc. Mayor Johnson stated that the Fiscal Year 2023/24 Annual Budget provides $216,000 for the purchase of bulk road salt in the Snow Removal & Ice Control Division. The Village participates in the joint road salt purchase bid administered by the Lake County Division of Transportation. Morton Salt, Inc. was the low bidder. The Village's unit price for road salt is $83.23/ton. This unit price is a 5% increase over last year's unit price of $79.27/ton. The Village's annual salt usage is approximately 2,400 tons, which includes quantities used by District 70 and the contractor that clears the Metra parking lots and downtown sidewalks. The terms and conditions of the Joint bid purchase require a minimum delivery of 2,400 tons, which amounts to $199,752.00. The budget amount of $216,000 will allow for the purchase of up to 2,595 tons if dictated by above normal winter weather conditions. Staff recommended adoption of the resolution to approve the purchase of up to 2,595 tons of road salt from Morton Salt, Inc. in the not-to-exceed amount of $216,000.00. Mayor Johnson asked if there were any public comments and there were none. Trustee Adams asked how much remaining salt the Village has. Director Kendzior estimated about 2,400 tons. A motion was made by Village Trustee Connell to approve the purchase of bulk rock salt, Seconded by Village Trustee Mickey. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Connell. The motion was approved by a 4-0 vote. 8. ORDINANCE NO. 23-0-22: An Ordinance to Waive Competitive Bidding and Approve a Contract with Power Concrete Lifting for the 2023 Sidewalk Mud-jacking Program Mayor Johnson reported that the Fiscal Year 2023/24 Budget includes $200,000 for public sidewalk repairs and replacements in the Project Fund. It is recommended that $40,000 of the funds be 5 Board of Trustees Village Board Meeting Minutes April 25, 2023 utilized to perform hydraulic lifting (aka "mud-jacking") of existing sections of public sidewalk that have settled, but otherwise are in good structural condition. The mud-jacking process involves raising and/or leveling sidewalk panels by injecting a slurry material underneath in order to eliminate trip-hazards, poor drainage, and other concerns. On June 14, 2022, the Village Board approved a contract in the not-to-exceed amount of $40,000 with Power Concrete Lifting, the competitive low bidder, for the 2022 Sidewalk Mud-jacking Program with the passage of Resolution 22-R-102. Power Concrete Lifting successfully completed last year's project and agreed to hold the FY 2022/23 contract unit price of $2.00 per square foot for FY 2023/24. The quote from November 2022 stipulated that the 2022 unit price would be honored for the 2023 Program. Waiving of the competitive bidding process was necessary to enter into a new contract because the original contract did not contain a renewal clause. Staff recommended approval of the ordinance to waive the competitive bidding process and approve a contract with Power Concrete Lifting for 2023 Sidewalk Mud-jacking Program in the amount of $40,000 and authorize execution of the contract by the Village Administrator. Mayor Johnson asked if there were any public comments and there were none. Trustee Garrity asked if there is a sidewalk that a resident inquires about if they should bring it to Director Kendzior' s attention. Director Kendzior responded that they should. A motion was made by Village Trustee Connell to approve a contract for mud jacking, Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Connell. The motion was approved by a 4-0 vote. 9. RESOLUTION NO. 23-R-72: A Resolution to Approve a Joint Bid Contract Renewal and Change Order No. 1 with Globe Construction, Inc. for the Annual Sidewalk Replacement Program IVtayor Johnson stated that competitive bids were received and publicly opened on March 9, 2021 for the McHenry County Municipal Partnering Initiative (MPI) Sidewalk Replacement Program joint purchasing program. Globe Construction, Inc. was determined to be the lowest responsive bidder. The Village Board of Trustees awarded the contract to G)obe Construction, Inc. on April 13, 2021 for an amount not to exceed $105,000 with the passage of Resolution 21-R-47. The contract language included the option to renew the contract for an additional two years (Year 2 and Year 3). The contract was renewed for Year 2 on March 22, 2022, for an amount not to exceed $160,000 with the passage of Resolution 22-R-43. Globe Construction, Inc. notified Village Staff of the need to increase unit prices for Year 3 due to higher inflation costs than contemplated at the time of the initial bid. The unit price increases for the curb & gutter and sidewalk replacement work vary between 3.0% to 5,7%. The increases are in line with the current Chicago-Naperville-Elgin Area CPI. There is no unit price increase for the ADA sidewalk panels. Globe Construction, Inc. also remains the lowest responsive bidder with the increased unit prices. A change order is necessary due to the increased unit prices. The Fiscal Year 2023/24 Annual Budget allocated $200,000 in the Project Fund for sidewalk removal and replacements. The proposed contract renewal and Change Order No. 1 will be for a not-to- exceed amount of $160,000. The remaining $40,000 will be allocated to sidewalk hydraulic lifting 6 Board of Trustees Village Board Meeting Minutes April 25, 2023 (i.e. mud-jacking) in order to correct trip hazards. Globe Construction, Inc. has continued to successfully complete the Sidewalk Replacement Program for the past several years. Staff recommended adoption of the resolution to approve the contract renewal and Change Order No. 1 with Globe Construction, Inc. in the not-to-exceecf amount of $160,000 for the Annual Sidewalk Replacement Program and authorize execution of the contract renewal by the Village Administrator. Mayor Johnson asked if there were any public comments and there were none. Trustee Garrity commented that he likes the joint purchasing program. Trustee Connel! asked if there \A/as an opportunity for additional sidewalks to be added. He inquired about the Libertyville Hardware Store. Administrator Amidei responded that the Village has provided a response to the owner of the store explaining why a sidewalk cannot be constructed at that location. A motion was made by Village Trustee Adams to approve a joint bid contract renewal and change order with Globe Construction, Inc., Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Connell. The motion was approved by a 4-0 vote. 10. RESOLUTION NO. 23-R-73: A Resolution to Renew the Annual Contractual Streetlight Maintenance Contract with Geary Electric, Inc. Mayor Johnson reported that on April 13, 2021, the Village Board approved Resolution 21-R-49 to enter into a contract with the lowest responsive bidder, Geary Electric, Inc., for annual contractual streetlight maintenance services. The contract included language and pricing for 2 one-year renewals (Year 1 and Year 2) at a 3% increase in unit prices. On April 26, 2022, the Village Board approved the Year 1 contract renewal with the passage of Resolution 22-R-59. The proposed maintenance work includes lamp (bulb) replacements, cable repairs, pole replacements, parts, and other miscellaneous items based on time and materials. Staff has been satisfied with Geary Electric, Inc.'s responsiveness and performance and therefore recommended Year 2 renewal of the contract for FY 2023/24. The FY 2023/24 Annual Budget provides $175,000 in the Streets Division Budget for contractual streetlight maintenance work. The contract amount will be the available budgeted funds of $175,000. In the event there are additional costs for the fiscal year, a change order will be brought forward to the Village Board for their consideration. Staff recommended adoption of the Resolution to approve the contract renewal for the annual contractual streetlight maintenance work with Geary Electric, Inc. in the not to exceed amount of $175,000 and authorize execution by the Village Administrator. Mayor Johnson asked if there were any public comments and there were none. Trustee Garrity asked that staff review performance metrics the next time a renewal occurs. A motion was made by Village Trustee Connell to approve a renewal of an annual contract for streetlight maintenance, Seconded by Village Trustee Adams, Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Board of Trustees Village Board IVIeeting [VIinutes April 25, 2023 Conneli. The motion was approved by a 4-0 vote. 11. RESOLUTION NO. 23-R-74: A Resolution to Approve the Purchase and Installation of an Emergency Generator and ATS at the Red Top Reservoir Mayor Johnson reported that the Fiscal Year 2023/24 Annual Budget provides $175,000 in the Utility Capital Improvement Fund for the purchase and installation of an emergency on-site emergency generator at the Red Top water distribution reservoir. The one-million-gailon reservoir is a critical component of the Village's water distribution system and the on-site generator will ensure operation during electrical outages. The generator and automatic transfer switch (ATS) will be provided and installed by Cummins Sales and Service of Hodgkins, IL for the price of $184,330. All items are part of the Sourcewell National Joint Powers Alliance (NJPA) joint purchase contract# Q-132385-20230310 that the Village participates in. By participating in this joint purchasing program, the Village is able to maximize savings due to a competitive bidding process. The remaining $9,330 will be covered by the anticipated savings and deferrals of other items in the Utility Capital Improvement Fund. Staff recommended adoption of the Resolution to approve the purchase and installation of an emergency generator and ATS for the Red Top reservoir with Cummins Sales and Service of Hodgkins, IL in the amount of $184,330 and authorize execution of the purchase by the Village Administrator. Mayor Johnson asked if there were any public comments and there were none. A motion was made by Village Trustee Garrity to approve a purchase and installation of an emergency generator, Seconded by Village Trustee Hickey. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Connell. The motion was approved by a 4-0 vote. tVlayor's Update Mayor Johnson announced the following: • The Village will plant a Chinkapin Oak tree donated by Robert Peron in Cook Park to celebrate Arbor Day at 2:45 p.m. on Friday, April 28, 2023. • The Parks and Recreation Committee will meet at 6:00 p.m. on Tuesday, May 2, 2023. • The Human Relations Commission will NOT meet at 5:00 p.m. on Wednesday, May 3, 2023. • The Zoning Board of Appeals wil! meet at 7:00 p.m. on Monday, May 8, 2023. • The Village Board of Trustees will meet at 8:00 p.m. on Tuesday, May 9, 2023. Village Administrator Update Administrator Amidei shared the results of the recent bike resale sponsored by the Recreation Department. She noted that there were 182 items available at the sale, 11 8 were sold. A total of $2,400 in funds were collected for the Village. Bikes that were not sold are given to Working Bikes. Board of Trustees Village Board Meeting Minutes April 25, 2023 Board Comments Trustee Garrity reported that the Bike Commission and Public Works Committee met earlier in the evening and voted to move the Village's bike plan forward to the Village Board. He thanked staff for their work on the bike resale. Trustee Connell asked if there is room in Cook Park for more trees. Director Kendzior responded that there was. Mayor Johnson applauded the ECOS students for the passion and eagerness they showed during their presentation to the Board on their shoreline project. Adjournment With no further business to come before Village Board, Trustee Adams moved to adjourn the meeting at 9:35 p.m., and Trustee Garrity seconded. The motion carried on roil call vote as follows Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Connell. The motion was approved by a 4-0 vote. ^d.OjlCi'c&tL: Kelly A. Amidei^ Deputy Village Clerk