Village Board Meeting

BOARD OF TRUSTEES VILLAGE BOARD MEETING Tuesday, May 09, 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 Mickey, Matthew Krummick, Dan Love and James Connell. Items Not on the Agenda | Presentation of items not on the Agenda wil! be limited to three (3) minutes Mayor Johnson read proclamations into the record regarding the following: • Jewish American Heritage Month • National Fitness Day • World Migratory Bird Day • National Bike Month • National Public Works Week Mayor Johnson asked if there was any public comment and there was none. Approval of Minutes Approval of the April 22, 2021, May 24, 2021, March 14, 2022 and April 25, 2023 Village Board Minutes A motion was made by Village Trustee Adams to approve the Village Board meeting minutes for April 22, 2021, May 24, 2021, March 14, 2022 and April 25, 2023, 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 items were approved by a 6-0 vote. Adjournment- Sine Die A motion was made by Village Trustee Adams to Adjourn- Sjne Die, 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 items were approved by a 6-0 vote. Installation of Newly Elected Officials Mayor Johnson administered the Oath of Office to Village Clerk Margaret dark Mayor Johnson administered the Oath of Office to Scott Adams Mayor Johnson administered the Oath of Office to Village Trustee Peter Garrity Mayor Johnson administered the Oath of Office to Village Trustee James Connell Mayor Johnson congratulated all the elected officials. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes May 09, 2023 Roll Call Mayor Johnson called to order a meeting of the Board of Trustees at 8:30 p.m. Those present were: Mayor Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Hickey, Matthew Krummick, Dan Love and James Connell. 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. A. Summary of Omnibus Vote Agenda Items B. Bills for Approval C. RESOLUTION NO. 23-R-75: A Resolution for Closure of Streets for the Libertyville High School Annual Homecoming Parade and Use of Village Property D. ORDINANCE NO. 23-0-23: An Ordinance Vacating a Portion of An Unimproved Alley at 765 Sunnyside Avenue E. ORDINANCE NO. 23-0-24: An Ordinance Vacating a Portion of An Unimproved Alley at 415 E. Sunnyside Avenue F. RESOLUTION NO. 23-R-76: A Resolution to Approve a Contract with Patriot Pavement Maintenance for the Annual Pavement Crack Sealing Program G. RESOLUTION NO. 23-R-77: A Resolution to Approve an Amendment to the Contract with Andres Medical Billing to provide Ambulance Billing Services H. ORDINANCE NO. 23-0-25: An Ordinance Approving a Major Adjustment to the Liberty Junction Planned Development (1765 N. Milwaukee Avenue) - Pulte Group, LLC, Applicant 1. ORDINANCE NO. 23-0-26: An Ordinance Granting a Variation From Section 26-4-7.5(d) of the Libertyville Zoning Code Regarding the Rear Yard Setback (271 Cypress Lane) - Steve and Careen Song, Applicants J. RESOLUTION NO. 23-R-78: A Resolution to Purchase a Replacement Police Department Vehicle from Karl Chevrolet of Des Moines, Iowa K. RESOLUTION NO. 23-R-79: A Resolution Approving a First Amendment to the Agreement with Hitchcock Design Group for the Provision of Engineering Design Services A motion was made by Village Trustee Adams to approve the omnibus vote agenda, Seconded Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The items were approved by a 6-0 vote. Board of Trustees Village Board [VIeeting Minutes May 09, 2023 REGULAR AGENDA 8. REPORT OF THE PLAN COMMISSION, (PC 23-03), Text Amendment Re: Outdoor Dining and Parking Village of Libertyville, Applicant Mayor Johnson stated that in spring of each of the last three (3) years, the Village Board adopted an ordinance governing temporary outdoor dining. Each year the regulations were amended to address issues that came up the previous year. The regulations were well enforced in the prior year and therefore Staff proposed that the requirements be formally codified into the Zoning Ordinances. In addition, Staff proposed to reinstate a previous Code exemption to allow for 1,500 square foot additions in the C-1 Downtown Core Commercial District without requiring additional parking. This would address requested small additions and existing covered outdoor dining areas. The exemption would be limited to one per building every five (5) years. The Plan Commission held public hearings on March 20, 2023, and April 24, 2023. The Commission discussed the proposal in detail and recommended approval with the clarification that the outdoor dining areas be at grade and that any temporary outdoor dining areas be specifically operated from May 1 through October 31 each year. A motion to recommend Village Board of Trustees approval as outlined in the Development Review Commission Report passed with a vote of 6 - 0. Mayor Johnson asked if there were any public comments and there were none. Mayor Johnson stated that it is important to address enforcement as it relates to ensuring that public access is maintained. The Mayor explained the enforcement process for both temporary and permanent permits for outdoor dining. She noted that temporary outdoor dining permit holders will receive a warning if they are not compliant and if they do not comply within a 10-day period their permit will be revoked. Attorney Passman noted that the item will be voted on for final adoption at the next meeting. He -further clarified that the draft ordinance that was received in the packet was further updated and a red-lined version was provided at the dais for the Board to review. Trustee Adams asked what feedback has been received from the business community. Director Spoden stated that he has heard from Main Street. They thanked the Village for the text amendment. He noted that the biggest impact would be on the exemption to allow for 1,500 square foot additions. Trustee Adams stated that he was in favor of the text amendment. Trustee Garrity asked for clarification on the difference between the draft version of the Ordinance in the packet and the red-lined version that was provided to them at the dais. Mayor Johnson clarified that the additional edits have to do with enforcement. Trustee Garrity agreed with the proposed text amendment. He asked if the Economic Development Commission had reviewed the draft. He noted that he would like to have as much feedback from the businesses as possible to ensure that adjustments don't need to be made once it is adopted. Director Spoden stated that it was reviewed through the Plan Commission. Board of Trustees Village Board Meeting Minutes May 09, 2023 Trustee Mickey stated that he appreciates the work that the Plan Commission did on the text amendment draft language. He likes that it memorializes current practice. He asked for further clarification on the process for a permittee. Director Spoden provided a brief overview of the process as well as the enforcement process. Attorney Passman further clarified that if there is a violation, a citation could be issued which could lead to a fine. The other option is that staff could take steps to suspend or revoke the approval. Trustee Mickey stated that he would like to hear more feedback from the restaurants. He also asked if there is a way to stripe the public right-of-way space for the businesses, so they understand the boundaries. Director Spoden agreed it could be done. Mayor Johnson stated that she did not feel additional feedback was necessary since two public hearings already occurred at the Plan Commission and that the season had already started for outdoor dining, and we want to make the option available for businesses to use. Trustee Krummick asked for clarification on the monetary amount that could be issued for citations. Attorney Passman explained that the 10-day period is not specific to a fine. It relates to steps to revoke or suspend the permit. A citation could be issued through the Village's Administrative Hearing Process in which a fine could be issued. Trustee Krummick stated that he wants to ensure that the enforcement is appropriate and not too punitive. He feels the proposed language is a great compromise. Trustee Love reported that it is a great way to provide space for the businesses to increase their revenue. He suggested that the enforcement could be modified to provide up to three fines and then the next step would be suspension of the permit. He asked if staff would do an inspection of the spaces. Staff stated that inspections will be done. Trustee Love noted that he wants to ensure that the cost of the permit covers staff costs. Trustee Connell echoed what Trustee Krummick said. He agrees with the fines and believes enforcement will be important. He likes the way the draft is laid out. He is happy that it addresses some of the prior issues that have been brought to the Board. He does not feel further feedback from the restaurants is necessary. He believes it is fair and will help create a culture of outdoor dining. A motion was made by Trustee Adams to approve the Report of the Plan Commission with the updated language as presented at the meeting, 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 items were approved by a 6-0 vote. 9. RESOLUTION NO. 23-R-80: A Resolution to Adopt the Libertyville Bike Plan Mayor Johnson reported that during Fiscal Year 2022/23, the Public Works Department and the Bicycle Advisory Commission worked with Civiltech Engineering, Inc. to create the Village's first Bicycle Plan. The Bicycle Plan was completed to provide a framework for the Village to prioritize bicycle-related capital improvements and recommendations on the location and various types of Board of Trustees Village Board IVleeting Minutes May 09, 2023 bicycle facilities throughout the Village for a safe and accessible bicycle system for all ages and abilities within the Village. Civiltech Engineering presented a draft of the Bicycle Plan to the Bicycle Advisory Commission on March 14, 2023. The feedback and comments received from the Commission were added to the draft Bicycle Plan presented at the April 25, 2023, Public Works Committee. The Committee unanimously recommended approval by a vote of 2-0. The Plan identifies bicycle related capital improvement projects rated Tier 1 (least complex) to Tier 3 (most complex) that will improve the connectivity of the bicycle network in the Village. The projects identified in the Plan have not been included in the Capital Improvement Plan and therefore, no funding is available at the present time. However, future capital planning may incorporate various priorities. Staff recommended approval of the Resolution for the adoption of the Bicycle Plan. Mayor Johnson asked if there were any public comments and there were none. Trustee Adams stated that he supports the bicycle plan. Trustee Garrity stated that a lot of work has been done on the plan. The Commission believes this is a good start to building a robust bicycle plan that can be implemented. He noted funding is still to be determined, however it lays the groundwork. He also believes it will assist with applying for grants. Trustee Garrity noted that there are initiatives included within the plan that provide collaboration with Lake County. Trustee Mickey congratulated al! parties that worked on the plan. He looks forward to integrating it into the Village's road plan. Trustee Krummick looks forward to seeing how the plan can be incorporated into the Village's budget. Trustee Love believes it is a great plan and he is excited to see it. Trustee Connell congratulated staff on their work on the plan. A motion was made by Trustee Connell to approve the bike plan, 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 items were approved by a 6-0 vote. 10. RESOLUTION NO. 23-R-81: A Resolution to Approve a Professional Services Agreement with Christopher B. Burke Engineering, Ltd. for Final Engineering Design Services for the Copeland Manor Flood Reduction Project Mayor Johnson stated that the Village's Master Stormwater Management Plan contains a conceptual flood reduction project for the Copeland Manor subdivision. This project is referred to as the Copeiand Manor Flood Reduction Project and includes upgrading the area's storm sewer infrastructure, some of which is located on Copeland Manor Elementary School property. The 2018 Master Plan estimated the overall cost for this proposed flood reduction project would be approximately $6.5M. Similar to past Master Stormwater Plan flooding reduction projects, the Village Board of Trustees Village Board IVIeeting IVIinutes May 09, 2023 applied for grant funding to offset a portion of the cost and the application is still under review. The design and bidding process is scheduled to last two years, with construction starting in 2025. Sufficient funds are allocated in the Stormwater Fund for the final engineering of the proposed Copeland Manor Flood Reduction Project. Staff requested a proposal from the firm of Christopher B. Burke Engineering, Ltd. (CBBEL). The proposal received from CBBEL was in the amount of $484,820 and is included as an exhibit in the Village's standard professional services agreement. The duration of the agreement wil! be for two years and will terminate on April 30,2025. The proposed agreement with CBBEL follows 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 the Master Stormwater Management Plan, and previous analysis of flooding in this area. Staff recommended adoption of the Resolution to approve a professional services agreement for the Copeland Manor Flood Reduction Project with the firm of Christopher B. Burke Engineering, Ltd. in the not-to-exceed amount of $484,820 for final engineering design services and authorize execution of the agreement by the Village Administrator. Mayor Johnson asked if there were any public comments and there were none. Trustee Adams believes this is a great step forward. Trustee Garrity asked if the proposal covers everything we need. Director Kendzior stated that it does. Trustee Krummick asked for clarification regarding the timing of the design and construction. Director Kendzior clarified. He asked if it would provide relief in the Copeland area. Director Kendzior responded that it would. A motion was made by Trustee Adams to approve an agreement for engineering with Christopher B. Burke Engineering, Ltd. 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 items were approved by a 6-0 vote. Mayor's Update Mayor Johnson announced the following: • The Firefighters' Pension Fund Board will meet at 8:30 a.m. on Monday, May 15, 2023 at the North Fire Station, 1551 N. Milwaukee Avenue. • The Appearance Review Commission/Historic Preservation Commission will meet at 5:00 p.m. on Monday, May 15, 2023. • The Economic Development Commission will meet at 7:30 a.m. on Wednesday, May 17, 2023. • The Sustain Libertyville Commission will meet at 4:00 p.m. on Wednesday, May 17, 2023. 6 Board of Trustees Village Board Meeting Minutes May 09, 2023 • The Plan Commission/Zoning Board of Appeals will meet at 7:00 p.m. on Monday, May 22, 2023. • The Public Works Committee will NOT meet at 7:00 p.m. on Tuesday, May 23, 2023. • The Village Board will meet at 8:00 p.m. on Tuesday, May 23, 2023. Village Administrator Update Administrator Amidei reported that there are new business and spring banners on Milwaukee Avenue and that the Festivals of Libertyville banners will be installed in the near future. She also stated that the high school graduate banners will be installed at the end of the month. Board Comments The Board members welcomed Clerk Margaret Clark. Trustee Garrity noted that he appreciated the explanation regarding each of the proclamations that were read into the record. He thanked Director Kendzior and his staff as part of Public Works Week. Trustee Mickey noted that he appreciated the heritage month proclamations. He asked that bicyclists ensure that they follow safety measures while on the road such as wearing helmets, etc. Trustee Krummick apologized for missing recent meetings due to work conflicts and he is committed and will be present going forward. Trustee Connell suggested that the Village add bike safety posts to our social media accounts. Executive Session Trustee Garrity moved to enter executive session per [5 ILCS 120/2(c)(5)] to discuss Real Estate: Purchase or Lease (Buy) and [5 ILCS 120/2(c)(21)] to review closed session minutes at 9:24 p.m. and Trustee Connell 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. The motion was approved by a 6-0 vote. Trustee Love moved to leave executive session and return to the regular board meeting at 10:18 p.m., Trustee Garrity seconded, and the motion was approved by a roll call vote. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The motion was approved by a 6-0 vote. With no further business to come before Village Board, Trustee Krummick moved to adjourn the meeting at 10:19 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 Connell. The motion was approved by a 6-0 vote. CUia^, ^i^Vilia^ Wi- Kelly^ideT^/l ' • ' V (J Q Deputy'Village