Village Board

VILLAGE OF HUNTLEY VILLAGE BOARD MEETING December 21, 2017 MINUTES CALL TO ORDER: A meeting of the Village Board of the Village of Huntley was called to order on Thursday, December 21, 2017 at 7:00 p.m. in the Municipal Complex, Village Board Room, 10987 Main St., Huntley, Illinois 60142. ATTENDANCE: PRESENT: Mayor Charles Sass; Trustees: Ronda Goldman, Harry Leopold, John Piwko and JR Westberg. ABSENT: Trustees Timothy Hoeft and Niko Kanakaris IN ATTENDANCE: Village Manager David Johnson, Assistant Village Manager Lisa Armour, Director of Development Services Charles Nordman, Village Clerk Rita McMahon and Village Attorney John Cowlin. PLEDGE OF ALLEGIANCE: Mayor Sass led the Pledge of Allegiance. ITEMS FOR DISCUSSION AND CONSIDERATION: a) Consideration – Approval of the November 9, 2017 and November 16, 2017 Village Board Meeting Minutes Mayor Sass explained that Trustee Leopold was absent from the November 9th Village Board meeting. Mayor Sass asked if the Village Board had any comments or changes to the November 9th or November 16th minutes; there were none. A MOTION was made to approve the November 9th and November 16th, 2017 Village Board meeting minutes. MOTION: Trustee Westberg SECOND: Trustee Goldman AYES: Trustees: Goldman, Piwko and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris ABSTAIN: Trustee Leopold The Motion Carried: 3:0:2:1 b) Consideration – Approval of the December 21, 2017 Bill List in the amount of $320,625.26 Mayor Sass asked if the Village Board had any comments or questions regarding the Bill List; there were none. 12.21.17 VB Meeting A MOTION was made to approve the December 21, 2017 Bill List in the Amount of $320,625.26. MOTION: Trustee Leopold SECOND: Trustee Piwko AYES: Trustees: Goldman, Leopold, Piwko and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The motion carried: 4:0:2 c) Consideration – An Ordinance Approving an Amendment to the Village of Huntley Comprehensive Plan for the I-90/IL 47 Gateway Plan Director of Development Services Charles Nordman gave a brief power point presentation and stated that on May 11, 2017, the Village Board approved a resolution approving a professional services agreement with Houseal Lavigne Associates for planning services to prepare an I-90/IL 47 Gateway Plan for property near the tollway interchange. The draft plan is intended to enhance economic development opportunities by providing a detailed plan to be adopted as an amendment to the Village’s Comprehensive Plan. As stated within the document, the plan is in direct response to the recent proliferation of commercial and industrial development surrounding the I-90/IL47 full-interchange and the Village’s desire for organized and compatible development. The plan for the area encompasses a mix of commercial uses to ensure long-term vitality surrounding not just the interchange, but also the entire Village. Upon adoption, the plan will serve as a guide for future land use and development, capital improvements, and community investment. Staff Analysis The Village Board previously reviewed the draft I-90/IL 47 Gateway Plan on August 17, 2017, and it was the consensus of the Board to refer it to the Plan Commission and hold the community open house. A community open house was held on September 21, 2017 to solicit comments for the draft I-90/IL47 Gateway Plan. Approximately 75 residents, business owners, and property owners attended the open house to learn about the plan and provide comments on the draft document. Plan Commission Review The Plan Commission held a public hearing to review the I-90/IL 47 Gateway Plan at their meeting on December 11, 2017 and unanimously recommended approval by a vote of 6-0. There were no residents, business owners, or property owners in attendance to provide testimony. Strategic Plan Priority The 2016-2020 Strategic Plan identifies Promote New Business Development, Retention, and Expansion as a Strategic Priority. The recommendations of the Subarea Plan will serve as a guide for new development and reinvestment, both public and private, in this critical gateway area of the Village. Mayor Sass asked if there were any questions or comments; there were none. A MOTION was made to approve an Ordinance Approving an Amendment to the Village of Huntley Comprehensive Plan for the I-90/IL 47 Gateway Plan MOTION: Trustee Piwko 12.21.17 VB Meeting  SECOND: Trustee Leopold AYES: Trustees: Goldman, Leopold, Piwko and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 d) Consideration – A Resolution Granting an extension of a Temporary Use Permit to allow the continuation of a temporary structure at the Huntley Area Public Library, 11000 Ruth Road Director of Development Services Charles Nordman stated that the Huntley Area Public Library, 11000 Ruth Road, received approval of a Temporary Use Permit to place a temporary structure on the east side of the Library in September, 2009, via Resolution (R) 2009-09.57. The approval was granted for a period of three years. On January 10, 2013, the Village Board approved (R)2013-01.01 which granted a five year extension for the temporary structure to remain through January 31, 2018. The ± 2,722 square feet temporary structure provides space for the children’s collection and additional activity and office space. The Library is requesting an additional 5-year extension of the Temporary Use Permit (see attached letter of request). Staff Analysis The exterior of the structure matches the materials and color of the main building. It is covered with wood siding painted white to match the existing siding on the Library and a wood apron was installed around the base of the structure. The wood apron was painted to match the stone on the Library. Additional landscaping was installed around the structure. Thirteen (13) additional parking spaces were added west of the main building to accommodate required parking. An inspection of the structure by the Development Services Department found it to be in good condition. Recommended Conditions of Approval 1. The temporary structure and adjacent landscaping shall be maintained in good condition at all times. 2. The Temporary Use Permit shall be extended for a period of five years (through January 31, 2023), with additional extensions subject to Village Board approval. Director Nordman stated that Mr. Frank Novak, Director, is in attendance on behalf of the Huntley Library. Mayor Sass asked if there were any questions or comments. Trustee Piwko asked Mr. Novak if there were any plans for a permanent structure. Mr. Novak stated the Library understands something needs to be done and is trying to plan for future building expansions; possibly by 2023. Mayor Sass asked if there were any other questions or comments; there were none. A MOTION was made to approve a Resolution Granting an Extension of a Temporary Use Permit to Allow the Continuation of a Temporary Structure at the Huntley Area Public Library, 11000 Ruth Road MOTION: Trustee Leopold SECOND: Trustee Goldman AYES: Trustees: Goldman, Leopold and Westberg NAYS: Trustee Piwko ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 3:1:2 12.21.17 VB Meeting  e) Consideration – An Ordinance Approving a Lease Agreement Renewal for a Radio Transmission Antenna for Huntley Community Radio on Village of Huntley Water Tower #5, 10770 Kreutzer Road Director of Development Services Charles Nordman stated the Huntley Community Radio (HCR) is requesting approval of a three-year lease agreement renewal to allow a low-power FM transmission antenna to remain on Water Tower #5 (10770 Kreutzer Road) in the Wing Pointe subdivision. HCR previously received approval of a Special Use Permit and lease agreement on September 11, 2014, for the antenna to be located on the tower. The initial term of the lease agreement was for three years at no rent. The HCR transmission system currently located on the tower consists of a single low-power FM antenna mounted on a 10-foot pole that is attached to the water tower safety rail located at the top of the tower. The antenna is connected to the radio studio located in Deicke Park via an internet connection. There is no ground mounted mechanical equipment or other structures located outside of the tower. Any equipment associated with the antenna is located within the base of the water tower. Staff Analysis HCR has reviewed the terms of the lease and has approved the document as drafted. The following is a summary of the proposed terms of the lease agreement renewal between the Village and HCR: • The term of the lease is three (3) years beginning December 21, 2017. • The term of the lease may be renewable for additional terms of three (3) years subject to the review and approval by the Village Board. • The three year term of the lease shall be at no cost to HCR. • At the end of the three year lease, HCR and the Village shall renegotiate a base rent, if any, which shall be determined 90 days prior to the expiration of the lease term. • Upon expiration of the lease, or its earlier termination or cancellation for any reason, HCR shall at its sole expense remove from the property all of its antennas, antenna structures, transmitting and receiving equipment, transmitting lines, other personal property, fixtures and other improvements and restore the tower to its condition prior to HCR’s installations. Financial Impact HCR is requesting to renew the lease for another three-year period at no cost. Legal Analysis The Village Attorney has reviewed the Lease Agreement. Mayor Sass asked if the Village Board had any comments or questions. Trustee Leopold asked if there were inspections needed for rust or any disrepair. Director Nordman replied there have been no issues at all with the equipment. Trustee Goldman asked if there were any signal problems and if there was a way to track listeners. Mr. Pollack, representative of the Huntley Community Radio Board, replied there have been no issues at all and unfortunately there is no way to track listeners. Trustee Leopold thanked Mr. Pollack for having their station in Huntley. 12.21.17 VB Meeting Mayor Sass asked if there were any further questions or comments; there were none. A MOTION was made to approve an Ordinance Approving a Lease Agreement Renewal for the Radio Transmission Antenna for Huntley Community Radio on Village of Huntley Water Tower #5, 10770 Kreutzer Road. MOTION: Trustee Leopold SECOND: Trustee Westberg AYES: Trustees: Goldman, Leopold, Piwko and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 f) Consideration – Approval of Payout Request No. 1 in the amount of $58,500.00 to Independent Mechanical Industries, Inc. for Wastewater Treatment Facilities Upgrades Project Mayor Sass said that on September 14, 2017 the Village Board of Trustees awarded a contract for the Wastewater Treatment Facilities Upgrades project to Independent Mechanical Industries, Inc. (IMI). The contract amount was $2,940,000.00. IMI started working on November 13, 2017 and has submitted the first payout request for the project. Village staff and the Village’s project engineer, EEI, has reviewed the request and recommends approval of the payout request No. 1. Staff Analysis Total Pay Request Retention Previous Payments Amount Requested Completed Work #1 $65,000.00 $6,500.00 $0.00 $58,500.00 Financial Impact The FY17 Budget includes partial funding for the Wastewater Treatment Facility Upgrades in the amount of $1,226,250.00 in the Sewer Capital Fund, 30-90-4-7500. The project will carry over into FY2018. The project is funded by a $3,000,000 debt issuance that was approved by the Village Board on August 24th. Mayor Sass asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve Payout Request No. 1 in the amount of $58,500.00 to Independent Mechanical Industries, Inc. for the Wastewater Treatment Facilities Upgrades project. MOTION: Trustee Westberg SECOND: Trustee Goldman AYES: Trustees: Goldman, Leopold, Piwko and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:0 12.21.17 VB Meeting  g) Consideration – A Resolution Authorizing Expenditure of Funds for the Purchase of Information Technology Support Services Village Manager Johnson stated the Village employs one full-time staff person who serves as the Information Systems Manager. The Village supplements its information technology services through the use of an outside consultant. Advanced Business Networks (ABN) of Mundelein has provided assistance to the Village in managing the computer network and associated technology needs for the past several years, including monitoring the system to prevent security breaches. ABN provides similar services to a number of other municipalities in Lake and McHenry Counties. Staff Analysis ABN provides a 20% discount by purchasing blocks of pre-paid project hours over 300 hours and a 33% discount by purchasing special project hours (on-site personnel of two employees dedicated to the Village for one day per week, or 16 man-hours per week). Staff is seeking authorization to commit the Village to purchase a block of 350 project hours at a cost of $42,000 and 832 special project hours at a cost of $83,200 for FY2018. Project and special hours do not have an expiration date and if not used during FY2018 could be carried over to FY2019. Strategic Plan Priority The 2016-2020 Strategic Plan identifies Promote Innovation through Technology as a priority. Financial Impact The total costs for these services were budgeted for in the FY18 Budget, Line Items 01-25-2-6321 and 01- 25-2-6323. Mayor Sass asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve a Resolution Authorizing Expenditure of Funds for the Purchase of Information Technology Support Services. MOTION: Trustee Piwko SECOND: Trustee Westberg AYES: Trustees: Goldman, Leopold, Piwko and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 h) Consideration – An Ordinance Amending the Village of Huntley Personnel Manual, Section 204: Unlawful Harassment and Discrimination Village Manager Johnson stated on November 16, 2017 Public Act 100-0554 became law. This new law expands traditional protections against sexual harassment and imposes new obligations on units of local government. The law requires local governments to formally adopt an ordinance within 60 days of the new law establishing a policy to prohibit sexual harassment as outlined in the new statute. Staff Analysis In order to fully comply with the retaliation protections provided in Public Act 100-0554, it is recommended that the Village of Huntley Personnel Manual, Section 204: Unlawful Harassment and Discrimination, be amended by removing the following statement and adding the language below to 12.21.17 VB Meeting include the following list of protected activities: No one making a complaint of harassment will be retaliated against even if a complaint made in good faith is not substantiated. In addition, any witness to an incident of harassment will be protected from retaliation. The Village forbids retaliation toward or against any individual who makes a good-faith complaint of harassment; assists or cooperates in an investigation of a complaint by someone else, whether internally or with an external agency; or files a charge of discrimination or harassment; or otherwise provides information in a proceeding, including in a court, administrative or legislative hearing, related to violations of discrimination or harassment laws. Examples of the types of retaliation that are prohibited include intimidation; discrimination; verbal or physical abuse; adverse actions with respect to pay, work assignments, and other terms of employment; termination of employment; or threats of any such actions. Retaliation is a serious violation of this policy that may result in discipline up to and including dismissal. All employees who experience or witness any conduct they believe to be retaliatory should immediately follow the complaint procedure in this policy. Legal Analysis The amended Unlawful Harassment and Discrimination policy has been reviewed by the Village’s employment attorney, Clark, Baird, Smith, LLP. Mayor Sass asked if the Village Board had any questions or concerns; there were none. A MOTION was made to approve an Ordinance Amending the Village of Huntley Personnel Manual, Section 204: Unlawful Harassment and Discrimination MOTION: Trustee Leopold SECOND: Trustee Goldman AYES: Trustees: Goldman, Leopold, Piwko, and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 i) Consideration – A Resolution to Accept and Place on File the Village of Huntley Village Board and Advisory Board Meeting Date and Holiday Schedule for 2018 Mayor Sass reported to the Village Board that included in the packet was the proposed 2018 holiday schedule and meeting dates for the Village of Huntley. The 2018 meeting schedule proposes to condense the number of monthly meetings from four to two. The Village Board meetings will be on the second and fourth Thursday of the month starting at 7:00 pm. Once approved by the Village Board, the meeting schedule will be published and distributed. If necessary, meetings may be added or cancelled throughout the year with appropriate legal notice. Mayor Sass asked if the Village Board had any questions or concerns. Trustee Westberg asked when the Village Board packets would be distributed and if they would continue to receive weekly Manager’s Reports. Village Manager Johnson stated the meeting packets would continue to be delivered a week in advance of the Village Board meeting, and the Manager’s Report would continue to be distributed weekly. 12.21.17 VB Meeting A MOTION was made to approve a Resolution to Accept and Place on File the Village of Huntley Village Board and Advisory Board Meeting Date and Holiday Schedule for 2018, as presented. MOTION: Trustee Westberg SECOND: Trustee Goldman AYES: Trustees: Goldman, Leopold, Piwko and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 j) Consideration – An Ordinance Approving the Annual License Renewal for Commercial Waste Haulers and Sun City Residential Only Waste Hauler Mayor Sass stated in November, renewal packets were distributed to the current commercial waste haulers as well as the Sun City/Residential only waste hauler, Waste Management. The following waste haulers have submitted the application and payment to provide commercial waste and recycle pickup in the Village of Huntley. Waste Management of Illinois has also submitted their application for Sun City residential pick up. 1. Advanced Disposal – Commercial 2. Groot Industries, Inc. – Commercial 3. MDC Environmental Services – Commercial 4. Ray Schreiber Disposal Co. – Commercial 5. Waste Management of Illinois, Inc. – Commercial 6. Waste Management of Illinois, Inc. – Residential Sun City Only Staff Analysis All required documentation has been received and is in compliance. All is in order for Village Board consideration at this time. Financial Impact As part of the approved FY18 Budget, this specific Refuse Licenses revenue source is included under the Licenses and Permits line item in the General Fund. The individual license fee for 2018, as regulated by the Village’s Waste Hauler Ordinance, is $1,842.67. Mayor Sass asked if there were any questions or comments; there were none. A MOTION was made to approve an Ordinance approving the Village of Huntley Annual License Renewal for Commercial Waste Haulers and Sun City Residential only Waste Hauler. MOTION: Trustee Leopold SECOND: Trustee Piwko AYES: Trustees: Goldman, Leopold, Piwko, and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 12.21.17 VB Meeting  k) Consideration – An Ordinance Approving the Issuance of 2018 Video Gaming Licenses Mayor Sass stated that pursuant to the Village of Huntley Code of Ordinance Liquor amendment approved by the Village Board in March 2017, separate approval is now required for all gaming requests. In conjunction with the liquor license renewal packets, gaming renewal applications were also distributed to current gaming license holders in October. As part of the renewal application the following items are required to be submitted: • Signed Video Gaming Application • Payment of $500 per machine • Signed Video Terminal Operator Application • Payment of $1,000 by video gaming terminal operator per location Staff Analysis There are a total of twelve businesses with 55 gaming machines operating in the Village. The following establishments, which had previously been approved for video gaming via their liquor licenses, have submitted the appropriate applications and payment for the gaming machines and terminal operators for 2018. 1. Bowl Hi / 5 machines 2. Huntley Legion Home / 5 machines 3. Lucky Bernie’s / 5 machines 4. Millie’s, LLC / 5 machines 5. Offie’s Tap / 5 machines 6. Parkside / 3 machines 7. Pub 47 / 5 machines 8. Rookies / 4 machines 9. Sal’s Pizza / 3 machines 10. Sammy’s / 5 machines 11. Soula’s Village Inn / 5 machines 12. Tee 2 Green / 5 machines Also, in follow up to the March 2017 code amendment, all gaming license establishments were provided the updated code requirements, which include the addition of a physical barrier of a full or partial wall to screen the area where video terminals are located. (F) Placement of Video Gaming Terminals. No licensee shall cause or permit any person under the age of 21 years to use, operate, or play a video gaming terminal. All such video gaming devices or terminals shall at all times be located in an area restricted to persons over 21 years of age and shall be kept separate from areas accessible to minors. Applications for a video gaming license shall be accompanied by a site plan depicting the area in which video gaming will take place. A physical barrier shall be required to restrict visibility of the gaming area and shall consist of a full or partial wall or other such physical barrier as may be determined by the Village Board to be sufficient. The barrier shall not visually obscure the entrance to the restricted area, which area shall at all times be within the view of at least one employee who is over 21 years of age. Video gaming terminals shall be located in areas with restricted visibility from areas outside the business. Any Video Gaming license approved prior to March 23, 2017, shall be required to comply with this section no later than January 1, 2018. 12.21.17 VB Meeting Included in the packet were photos of all license holders gaming area showing the barrier in their establishment. Financial Impact Payments for the Gaming License fees in the amount of $500 / machine and the Terminal Operator fees in the amount of $1,000 / location have been deposited in the appropriate revenue line item in the General Fund. Legal Analysis Section 110.60 of the Village Code of Ordinances regulates video gaming in the Village. The applications have been reviewed and are in compliance with Section 110.60 Video Gaming. Mayor Sass asked the Village Board if there were any questions or comments; there were none. A MOTION was made to approve an Ordinance Approving the Issuance of the 2018 Gaming Licenses pursuant to the Village of Huntley Code of Ordinances Section 110.60. MOTION: Trustee Leopold SECOND: Trustee Goldman AYES: Trustees: Goldman, Leopold, and Piwko NAYS: None ABSENT: Trustees Hoeft and Kanakaris ABSTAIN: Trustee Westberg The Motion Carried: 3:0:2:1 l) Consideration – An Ordinance Amending Title XI, Business Regulations, Chapter 110 Alcoholic Beverages Mayor Sass stated the Village of Huntley regulates the sale of alcoholic beverages through its Liquor Control Ordinance in Title XI, Business Regulations, Chapter 110 Alcoholic Beverages. Changes are being proposed regarding hours of operation to allow alcohol to be served beginning at 9:00 am on Sundays (currently 11:00 am), elimination of the Class “G” license, and clarification of alcohol allowed to be served under a Class “E” license for temporary events. Staff Analysis Several current liquor license holders have requested to change the time to serve alcohol on Sunday morning to earlier than the current time of 11:00 am. Pursuant to the Village of Huntley Code of Ordinances Section 110.09 the closing / serving times are as follows: 110.09 CLOSING TIME (A) It shall be unlawful to sell or offer for sale, at retail or to give away, in or upon any licensed premises, any alcoholic liquor between the hours of 1:00 am and 6:00 am of any Monday, Tuesday, Wednesday, Thursday, or Friday, and between the hours of 2:00 am and 6:00 am of any Saturday; and between the hours of 2:00 a.m. and 11:00 a.m. of any Sunday. Provided, however, that in the event that any Monday, Tuesday, Wednesday, Thursday or Friday shall be a legal holiday, with the exception of “Good Friday,” then the same hours shall apply as if such day were a Saturday. In the event that a New Year’s Eve shall fall on a Sunday closing time shall be 2:00 a.m. on Monday. 12.21.17 VB Meeting Specific closing times are associated with other classes as found below but are not proposed to be amended at this time: Class “B,” which shall permit only the retail sale of alcoholic liquor in restaurants and banquet rooms, only at tables and booths in conjunction with meals, but prohibited at counters; provided however, that no sale of alcoholic liquor shall take place earlier than the hour of 11:00 a.m. and not later than the hour of midnight. Class “D” licensed premises shall not be allowed to operate between the hours of 2:00 a.m. and 7:00 a.m. of any Sunday. Class “F.” Class “F”, which shall authorize the retail sale of alcoholic liquor for consumption on the premises specified in the license. The license shall be issued to Country Clubs as defined in Section 110.01. The hours of operation shall be 6:00 am to 1:00 a.m., Monday through Saturday and 7:00 am to 2:00 a.m. on Sunday. Class “G,” which shall permit the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises, as well as other retail sale of alcoholic liquor in the original package. The hours of operation for sale of alcoholic liquor for consumption on the premises shall be the same as those applicable to a Class “A” license except that said sales shall be permitted at 10:00 a.m. on Sundays only from October 1 to June 30. Bowl-Hi Lanes, currently holding a Class “G” license, is now seeking a Class “A” license. The Class G and Class A licenses are identical with the exception of the October – June dates that were included to allow for an early start on Sundays due to tournaments held at Bowl-Hi. Bowl-Hi is looking to extend the time frame for hosting tournaments and is therefore requesting a Class “A” license. As a result, it is proposed that the Class “G” license be eliminated. Staff conducted a survey of the neighboring communities and determined the average start time for a consumption on premise class on Sunday morning is 9:00 am. The serving time for the Class “D” license holders, which are allowed to sell packaged goods not for consumption on the premise, would remain at 7:00 am Sunday. Changes are proposed only for the Class “A” and “C” licenses. If approved, the proposed new start time of 9:00 am would affect the following license holders: 1. Bowl-Hi Lanes “Class A” 8. Offie’s Tap “Class A” 2. Bricks & Ivy LLC d/b/a Parkside Pub “Class 9. Pub 47 “Class A” A” 10. Sammy’s “Class “A” 3. Brunch Café “Class A” 11. Soula’s Village Inn “Class “A” 4. Huntley Legion “Class C” 12. Tacos Locos “Class “A” 5. Jameson’s Huntley (Del Webb Restaurant) 13. Tee 2 Green Indoor Golf LLC Class “A” “Class A” 14. Triple K & B; d/b/a Rookies 3 Class “A” 6. Lucky Bernie’s “Class A” 15. Millie’s, LLC “Class “A” 7. Sal’s Pizzeria “Class A” The Class “E” license for temporary events currently addresses only the sale of beer and wine. As several of the event holders have requested to sell other drinks such as mai tais or hard lemonade, this section of the code is proposed to be amended as follows by adding the language highlighted: 12.21.17 VB Meeting (5) Class “E.” (a) Class “E,” which shall authorize the retail sale of beer and wine, or other alcoholic liquor specifically approved at the time of license application for consumption upon the premises where sold or offered as specified in the license. The license may be issued to not-for-profit corporations qualified to do business in this state or any other business conducting an event that is open to the general public at which the sale or offer of beer and wine, or other alcoholic liquor specifically approved at the time of license application is contemplated. No Class “E” shall be required for any private, invitation only events conducted by any entity or individual. The license shall be for a period not to exceed three days and shall be issued only for special events sponsored by the requesting entity. The license fee for each class “E” license permit shall be $75. The President and Village Board may approve such other fees or deposits as they deem appropriate to insure compliance with the terms and provisions of the permit. All persons requesting a Class “E” license shall be required to pay the full amount of the license fee at the time of application. In the event an application is not accepted, the license fee shall be refunded. No Class “E” license shall be issued until the local Liquor Control Commission and the President and Village Board have: 1. Established the location upon the premises where beer and wine, or other alcoholic liquor specifically approved at the time of license application is to be sold; 2. The hours of operation, which shall not be extended beyond those provided in §110.09; 3. The manner in which the licensee will manage crowd control and refuse pickup; 4. Proof of insurance as required by this chapter or state laws; 5. A list of members of the corporation who will be selling beer and wine, or other approved alcoholic liquor specifically approved at the time of license application at the location pursuant to the license; and 6. Proof of permission from the owner of the premises authorizing the sale of beer and wine, or other approved alcoholic liquor specifically approved at the time of license application during the time requested in the permit and such other requirements as the President and Village Board or Liquor Control Commission deem appropriate in the case of each particular permit. Legal Analysis The Village Attorney has reviewed the proposed ordinance update and all is in order for Village Board consideration. Mayor Sass asked the Village Board if there were any questions or comments; there were none. A MOTION was made to approve an Ordinance Amending the Village of Huntley Code of Ordinances, Title XI, Business Regulations, Chapter 110 Alcoholic Beverages MOTION: Trustee Goldman SECOND: Trustee Leopold AYES: Trustees: Goldman, Leopold, and Piwko NAYS: None ABSENT: Trustees Hoeft and Kanakaris ABSTAIN: Trustee Westberg The Motion Carried: 3:0:2:1 m) Consideration – A Resolution Approving a Temporary Use Permit for the St. Mary Knights of Columbus Council 11666 / Parish Brat Fest in October 2018 Mayor Sass said the Village has received a request from the Knights of Columbus Council 11666 12.21.17 VB Meeting (Knights) to hold a Parish Brat Fest in October 2018. The Knights is a not-for-profit corporation associated with St. Mary Church of Huntley. The event and layout will be the same as last year’s event in providing brats, salads and recorded music for an evening of fun and entertainment for parish members and invited guests. The event will take place at St. Mary Church, 10307 Dundee Road on a date to be determined in early October 2018. The hours of the event will be 5:00 pm to 9:00 pm. Financial Impact It is being requested that any fees associated with the Brat Fest be waived, as the Knights is a non-profit organization. The Village Board has waived the fee in the past. Mayor Sass asked if there were any questions or concerns; there were none. A MOTION was made to approve a Resolution Granting a Temporary Use Permit and the Waiving of Fees to St. Mary Knights of Columbus Council 11666 for a Parish Brat Fest Event to be held on a date to be determined in early October 2018. MOTION: Trustee Piwko SECOND: Trustee Westberg AYES: Trustees: Goldman, Piwko, and Westberg NAYS: Trustee Leopold ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 3:1:2 n) Consideration – A Resolution Approving a Temporary Use Permit for Trinity Lutheran Church to Hold an Oktoberfest August 24th – August 26th 2018 and Temporary Sign Request Mayor Sass stated the Village has received a request from Trinity Lutheran Church to hold an Oktoberfest on the church property from August 24-26, 2018. The event will highlight the music, beer and cuisine of the German culture and will also offer American cuisine, games and activities for children. A tent will be set up on the north side of the property with a stage and tables and chairs for guests. There will also be additional tents set up for food vendors as well as a beer trailer. Parking will be available on-site as well as street parking. The hours of the event will be: Friday, August 24th from 5:00 pm to 10:00 pm; Saturday, August 25th from 12:00 pm to 10:00 pm; and Sunday, August 26th from 12:00 pm to 4:00 pm. Trinity Lutheran Church is also requesting the issuance of a temporary sign permit. Temporary signs are subject to the following conditions: 1) not to exceed 30 days; 2) maximum size of 50 square feet and no more than 8 feet above ground; 3) not to be displayed on a fence or tree; and 4) not to be located in the rights-of-way. Trinity Lutheran Church has requested to post 15 18”x24” snipe signs at the following locations: 1) RT 47 and Reed Road 2) RT 47 and Algonquin Road 3) RT 47 and Mill Street 4) RT 47 and Del Webb Boulevard 5) RT 47 and Kreutzer Road 12.21.17 VB Meeting  6) RT 47 and Dean St 7) RT 47 and Main Street 8) Algonquin Road and Haligus Road (E/B) 9) Algonquin Road and Haligus Road (W/B) 10) Huntley/Dundee Road and Haligus Road 11) Huntley/Dundee Road and Main Street 12) Reed Road and Haligus Road 13) Haligus Road and Main Street 14) Kreutzer Road and Main Street 15) Kreutzer Road and Haligus Road Trinity Lutheran Church acknowledges that some sites may not be under the Village’s jurisdiction and others may not be feasible in the noted location. If these sites are not feasible, the petitioner requests permission for other sites with the approval of the Village Manager. No signs will be posted on private property without prior authorization of the property owner. A variation from the Ordinance is required to locate the signs in the Village’s rights-of-way. Recommended Conditions of Approval: • Notification to all adjacent property owners. • Any music or noise generated during the event will comply with the Village’s Noise Ordinance. • The site shall be kept free of trash throughout the event. Financial Impact It is being requested that any fees associated with the Oktoberfest be waived, as the church is a non-profit organization. The Village Board has waived the fee in the past. Mayor Sass asked if there were any questions or concerns; there were none. A MOTION was made to approve a Resolution Granting a Temporary Use Permit and Temporary Sign Permit and the waiving of Fees to Trinity Lutheran Church for an Oktoberfest Event to be held August 24 – 26, 2018. MOTION: Trustee Piwko SECOND: Trustee Goldman AYES: Trustees: Goldman, Piwko, and Westberg NAYS: Trustee Leopold ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 3:1:2 o) Consideration – A Resolution Approving a Temporary Use Permit to hold an Outside Event on Village Property and Temporary Sign Request; Huntley American Legion Post 673; Huntley Vet Fest on June 23, 2018 Mayor Sass stated the Village has received a request from the Huntley American Legion Post 673 (Legion) in their liquor renewal application to hold their Huntley Vet Fest on June 23, 2018. The Vet Fest is a fundraiser to raise money to help veterans in McHenry County. The event will include bands, food, and drinks. The hours of the event will be from 3:00 p.m. until 11:00 p.m. with outside alcohol service ending at 10:30 p.m. The Legion would like to hold the event on Coral Street, in the Town Square and 12.21.17 VB Meeting the new Legion Honor Garden. The Legion is requesting permission to allow for the closure of Coral Street starting Friday, June 22nd, to set up the tent, stage and fencing, and continue with closure of Coral Street (after Farmers Market) until Sunday, June 24th for removal. Additional insurance coverage will be required naming the Village of Huntley as additionally insured. Staff Analysis The Village is in receipt of a request for the following: 1. To post 15 (3’x 10’) banners in the following locations listed below and would be posted two weeks prior to the event. They are also requesting the assistance of the Public Works Department to hang the banners. 1) RT 47 and Reed Road 2) RT 47 and Algonquin Road 3) RT 47 and Mill Street 4) RT 47 and Del Webb Boulevard 5) RT 47 and Kreutzer Road 6) RT 47 and Dean St 7) RT 47 and Main Street (N/E) 8) Algonquin Road and Haligus Road (E/B) 9) Algonquin Road and Haligus Road (W/B) 10) Huntley/Dundee Road and Haligus Road 11) Huntley/Dundee Road and Main Street 12) Reed Road and Haligus Road 13) Haligus Road and Main Street 14) Kreutzer Road and Main Street 15) Kreutzer Road and Haligus Road The Zoning Ordinance allows for the issuance of a temporary use permit (TUP) for temporary signs, which are subject to the following conditions: 1) not to exceed 30 days, 2) maximum size of 50 square feet and no more than 8 feet above ground, 3) not to be displayed on a fence or tree, and 4) not to be located in the rights-of-way. The Legion acknowledges that some sites may not be under the Village’s jurisdiction and others may not be feasible in the noted location. If these sites are unacceptable, the Legion requests permission for other sites with the approval of the Village Manager. Additionally, no signs will be posted on private property without prior authorization of the property owner and no more than one (1) sign will be placed at any of the specified locations. 2. Directional Signage during the event, if necessary – signs in locations around the Square to assist those coming to the event. A variation from the Ordinance is required to locate the signs in the Village’s rights-of-way. 3. Listing the event on the Village’s Gateway Sign Mayor Sass asked if there were any comments or questions. Trustee Leopold said he wants to be sure that the street is available at all times for the construction going on with the new development on the square. 12.21.17 VB Meeting A MOTION was made to approve a Resolution approving an Outside Event to be held on Village property and Temporary Sign Request for the Huntley American Legion Post 673, Inc. for the Huntley Vet Fest on June 23, 2018 subject to the following conditions: 1. The petitioner shall provide the Village with a valid Certificate of Insurance naming the Village as an additional insured. 2. The petitioner agrees to enter into an agreement to indemnify and hold the Village harmless from and against any and all claims arising from the event. MOTION: Trustee Leopold SECOND: Trustee Goldman AYES: Trustees: Goldman, Leopold, Piwko, and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 p) Consideration – A Resolution Approving a Temporary Use Permit to hold an Outside Event on Village Property and Temporary Sign Request; Huntley Festival Foundation / Huntley Goes Bald Event on March 16-17, 2018 Mayor Sass stated the Village is in receipt of a request from the Huntley Festival Foundation to conduct the Huntley Goes Bald Event on Coral Street and Church Street on Friday, March 16 from 5 pm-11 pm and Saturday, March 17 from 11 am-11 pm. The Foundation is requesting to close Coral Street between Woodstock and Church Street and Church Street between Main and Coral Streets. They are proposing a stage at the west side of Coral Street for bands and an additional stage to be used on Saturday morning and afternoon for the St. Baldrick’s head shaving. Also, the petitioner is proposing to have food vendors and alcoholic beverages for the event. There would be an admission for the event with all proceeds going to St. Baldrick’s. Staff Analysis The Foundation is seeking approval of the event and the following signage and assistance: 1. To post 15 (3’x 10’) banners in the following locations listed below, as were done in previous years for Fall Fest. The banners are the same type of banner that was used for last year’s Fall Fest. These would be posted two weeks prior to the event. They are also requesting the assistance of the Public Works Department to hang the banners. 1) RT 47 and Reed Road 2) RT 47 and Algonquin Road 3) RT 47 and Mill Street 4) RT 47 and Del Webb Boulevard 5) RT 47 and Kreutzer Road 6) RT 47 and Dean St 7) RT 47 and Main Street (N/E) 8) Algonquin Road and Haligus Road (E/B) 9) Algonquin Road and Haligus Road (W/B) 10) Huntley/Dundee Road and Haligus Road 11) Huntley/Dundee Road and Main Street 12.21.17 VB Meeting  12) Reed Road and Haligus Road 13) Haligus Road and Main Street 14) Kreutzer Road and Main Street 15) Kreutzer Road and Haligus Road The Zoning Ordinance allows for the issuance of a temporary use permit (TUP) for temporary signs, which are subject to the following conditions: 1) not to exceed 30 days, 2) maximum size of 50 square feet and no more than 8 feet above ground, 3) not to be displayed on a fence or tree, and 4) not to be located in the rights-of-way. The Foundation acknowledges that some sites may not be under the Village’s jurisdiction and others may not be feasible in the noted location. If these sites are unacceptable, the Foundation requests permission for other sites with the approval of the Village Manager. Additionally, no signs will be posted on private property without prior authorization of the property owner and no more than one (1) sign will be placed at any of the specified locations. 2. Directional Signage during the event – signs in locations around the Square to assist those coming to the event. A variation from the Ordinance is required to locate the signs in the Village’s rights-of-way. If approved, it is Staff’s recommendation to allow Coral Street to be closed from Friday, March 16th at 8:00 a.m. to Monday, March 19th at 8:00 a.m. and Church Street to be closed from Main Street to the north edge of Coral Street on Friday, March 16th from 12:00 p.m. to 11:00 p.m. and Saturday, March 17th from 10:00 a.m. to 11:00 p.m. Financial Impact The Foundation is requesting that the temporary use permit fee for the event be waived. Mayor Sass said Mr. Bryant Haniszewski is in attendance to answer any questions or concerns. Trustee Leopold again said he wants to be sure that the street is clear and available at all times for the construction going on with the new development on the square. Trustee Piwko asked the petitioner why they didn’t use the Huntley Park District property where the Fall Fest is held. Mr. Haniszewski stated it needed to be in a more visible location with easy access. He continued in saying this will be the fourth event for fundraising for St. Baldrick’s and that there are also events at the Huntley High School and Middle school and will raise more than $50,000 for the two day event. Huntley efforts have raised more than $250,000 over the last few years and rank as one of the highest fundraising efforts in the world. Mr. Haniszewski added the bands are donating their services for free and they intend to use local food vendors for the event. Trustee Piwko questioned the amount of parking downtown and suggested there is more parking at the Fall Fest area. Trustee Piwko also questioned the closing of Church Street. Mr. Haniszewski stated that more people will attend the downtown event because it will be more visible than behind the Park District building. The intent for closing Church Street was to place the food tent on Church Street away from the liquor area or possibly using food trucks. Mayor Sass asked why they were using food trucks instead of local food vendors. Mr. Haniszewski said 12.21.17 VB Meeting they would prefer to use local food vendors. Trustee Piwko stated he was not in favor of closing Church Street and inflicting traffic on the side streets over the two day event. Mr. Haniszewski stated it wouldn’t be any different than closing Church Street for the Farmers Market. Trustee Piwko disagreed saying Church Street is only closed for a couple of hours for the Farmers Market. Trustee Goldman asked how many food trucks or vendors would be used and Trustee Leopold asked if there is enough room on Church Street to handle the food vendors and customers. After further discussion, there was a consensus of the Village Board to not close Church Street for the event. Mayor Sass asked how many tents would be on Coral Street. Mr. Haniszewski stated there would be two tents to try to cover Coral Street as much as possible and to also maintain some heat throughout the tents. Mr. Haniszewski said they are flexible and will make it work per the Village Board direction and having the food vendors on Coral Street. Mr. Haniszewski thanked the Village Board for their input. Mayor Sass asked if there were any further questions or comments; there were none. A MOTION was made to approve a Resolution Authorizing a Temporary Use Permit to Hold an Outside Event on Village Property and Temporary Sign Permit to Huntley Festival Foundation for the 2018 Huntley Goes Bald Event on March 16-17, 2018 subject to the following conditions: 1. The petitioner shall provide the Village with a valid Certificate of Insurance naming the Village as an additional insured. 2. The petitioner agrees to enter into an agreement to indemnify and hold the Village harmless from and against any and all claims arising from the event. 3. Church Street will not be closed as part of the event. MOTION: Trustee Leopold SECOND: Trustee Goldman AYES: Trustees: Goldman, Leopold, Piwko, and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 q) Consideration – A Resolution Approving a Temporary Use Permit for Huntley Festival Foundation to Hold a Carnival and Temporary Sign Request / Huntley Fall Fest, September 21-23, 2018 Mayor Sass stated the Village is in receipt of a request from the Huntley Festival Foundation (Huntley Fall Fest) to hold its 2018 event at Deicke Park on September 21st (from 5:00 pm-11:00pm); September 22nd (from 10:00am-11:00pm) and September 23rd (from 11:00 am – 7:00pm). The event which began in 2006 includes, but is not limited to, a carnival, entertainment, food and drink, craft fair, car show and fireworks. Huntley Fall Fest annually requests to place temporary signage throughout the Village to advertise the event. The Village of Huntley Zoning Ordinance allows for the issuance of a temporary use permit (TUP) for temporary signs and carnivals. 12.21.17 VB Meeting Carnivals are subject to the following conditions: 1) approval on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties, 2) limited to a period not to exceed five (5) days, and 3) adequate fire extinguishers, refuse containers and cleanup of the site upon termination of the event. Temporary signs are subject to the following conditions: 1) not to exceed 30 days, 2) maximum size of 50 square feet and no more than 8 feet above ground, 3) not to be displayed on a fence or tree, and 4) not to be located in the rights-of-way. Staff Analysis The Village is in receipt of a request from Huntley Fall Fest for the following: 1. To post 15 (3’x 10’) banners in the following locations listed below, as were done in previous years. The banners are the same type of banner that was used for last year’s Fall Fest. These will be posted two weeks prior to the event. They are also requesting the assistance of the Public Works Department to hang the banners at the following locations: 1) RT 47 and Reed Road 2) RT 47 and Algonquin Road 3) RT 47 and Mill Street 4) RT 47 and Del Webb Boulevard 5) RT 47 and Kreutzer Road 6) RT 47 and Dean St 7) RT 47 and Main Street (N/E) 8) Algonquin Road and Haligus Road (E/B) 9) Algonquin Road and Haligus Road (W/B) 10) Huntley/Dundee Road and Haligus Road 11) Huntley/Dundee Road and Main Street 12) Reed Road and Haligus Road 13) Haligus Road and Main Street 14) Kreutzer Road and Main Street 15) Kreutzer Road and Haligus Road Huntley Fall Fest acknowledges that some sites may not be under the Village’s jurisdiction and others may not be feasible in the noted location. If these sites are unacceptable, the Committee requests permission for other sites with the approval of the Village Manager. Additionally, no signs will be posted on private property without prior authorization of the property owner and no more than one (1) sign will be placed at any of the specified locations. 2. To post snipe signs at the subdivision entrances. These will be posted one (1) week prior to the event. 3. To post directional signage on the day of the event at the following locations: a) West Main Street at Lois Lane b) Deicke Park entrance c) Route 47 and Mill Street 4. The use of two (2) electronic message boards to use on Route 47 and Mill Street to assist those entering the Fest. 12.21.17 VB Meeting A variation from the Ordinance is required to locate the signs in the Village’s rights-of-way. 5. To hold a carnival in the Stingray Bay parking lot area. The Fall Fest Committee will hire private security for the event. The Fall Fest Committee is requesting assistance of Public Works to place stakes/poles in the overflow parking area so that flags could be installed to indicate parking rows. Huntley Fall Fest will mark the pole locations. Financial Impact The Foundation is requesting that the temporary use permit fee for the carnival and any fees associated with the Fall Fest be waived. Mayor Sass asked if there were any questions or concerns. Trustee Leopold asked if the number of drinks options were reduced. Village Manager Johnson said the request is the same as last year. Trustee Piwko confirmed the event is only three days. Mr. Bryant Haniszewski, representing the Huntley Fall Fest Foundation, confirmed there will be no carnival on Thursday this year so the event will only be three days. Mayor Sass asked if there were any further questions or concerns; there were none. A MOTION was made to approve a Resolution Granting the Issuance of a Temporary Use Permit to hold a Carnival and Temporary Sign Permit and the Waiving of Fees to the Huntley Fall Fest for the 2018 event subject to the following: 1) Letter of authorization for the event to be held on Huntley Park District property. MOTION: Trustee Goldman SECOND: Trustee Westberg AYES: Trustees: Goldman, Leopold, Piwko, and Westberg NAYS: None ABSENT: Trustees Hoeft and Kanakaris The Motion Carried: 4:0:2 r) Consideration – A Resolution Approving a Temporary Use Permit to hold an Outside Event on Village Property; Bricks & Ivy LLC d/b/a Parkside; Turkey Testicle Festival on November 21, 2018 Mayor Sass told the Village Board the Village is in receipt of a request to hold the 2018 Turkey Testicle Festival on Wednesday, November 21, 2018. Staff Analysis Bricks and Ivy LLC d/b/a Parkside (Parkside) has included in their annual liquor renewal application a request to hold the Turkey Testicle Festival on November 21, 2018. The proposed event will take place in the same location as previous years. The event will include bands, food, and drinks. The hours of the 12.21.17 VB Meeting event will be from 11:00 a.m. until closing. Parkside will provide security during the event and be required to provide a Certificate of Liability Insurance adding the Village of Huntley as additionally insured. Mayor Sass asked the Village Board if there were any questions or concerns; there were none. A MOTION was made to approve a Temporary Use Permit to hold an outside event on Village Property for Bricks and Ivy LLC d/b/a Parkside for the Turkey Testicle Festival on November 21, 2018 subject to the following conditions: 1. The petitioner shall provide the Village with a valid Certificate of Insurance naming the Village as an additional insured. 2. The petitioner agrees to enter into an agreement to indemnify and hold the Village harmless from and against any and all claims arising from the event. MOTION: Trustee Leopold SECOND: Trustee Piwko AYES: Trustees: Goldman, Leopold, and Piwko NAYS: None ABSENT: Trustees Hoeft and Kanakaris ABSTAIN: Trustee Westberg The Motion Carried: 3:0:2:1 s) Consideration – A Resolution Approving a Temporary Use Permit to hold an Outside Event on Village Property; Bricks & Ivy LLC d/b/a Parkside; Huntley Thunder Music Fest on July 28, 2018 Mayor Sass informed the Village Board that the Village is in receipt of a request from Parkside Pub to hold the Huntley Thunder Music Fest 2018 event on Saturday July 28, 2018. Staff Analysis Bricks and Ivy LLC d/b/a Parkside (Parkside) has included in their annual liquor renewal application a request to hold a new event called Huntley Thunder Music Fest 2018. The event is proposed to take place on the gravel area south of the municipal parking lot, thus keeping the parking spaces available for downtown customers as well as attendees of the event. The event will include bands, food, and drinks. The event is proposed to take place on Saturday July 28, 2018 from 11:00 a.m. until closing. Parkside will provide security during the event and be required to provide a Certificate of Liability Insurance adding the Village of Huntley as additionally insured. In 2014, as a part of the acquisition of the property for the construction of the parking lot, the Village agreed to allow up to two additional outdoor events per year other than TTF. The events are subject to the Village Board’s approval. Legal Analysis The petitioner will be required to enter into an agreement to indemnify and hold the Village harmless from and against any and all claims asserted against it arising out of the event. Mayor Sass asked when the event would close. Mr. Lovell, owner of Parkside, stated the event would close at 11pm. 12.21.17 VB Meeting A MOTION was made to approve an outside event for Bricks and Ivy LLC d/b/a Parkside for the Huntley Thunder Music Fest 2018 event subject to the following conditions of approval: 1. Petitioner must provide proper insurance coverage and documentation prior to the event naming the Village of Huntley as additionally insured. 2. The petitioner agrees to that the event is to be undertaken in accordance with all reasonable Village requirements including all rules and regulations of the Village, the Huntley Fire Protection District, and the Illinois State Liquor Control Commission. 3. The petitioner agrees to enter into an agreement to indemnify and hold the Village harmless from and against any and all claims asserted against it arising out of said event. MOTION: Trustee Leopold SECOND: Trustee Goldman AYES: Trustees: Goldman, Leopold, and Piwko NAYS: None ABSENT: Trustees Hoeft and Kanakaris ABSTAIN: Trustee Westberg The Motion Carried: 3:0:2:1 VILLAGE ATTORNEY’S REPORT: None VILLAGE MANAGER’S REPORT: None VILLAGE PRESIDENT’S REPORT: Mayor Sass wished everyone a safe and Merry Christmas. UNFINISHED BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None ADJOURNMENT: There being no further items to discuss, a MOTION was made to adjourn the meeting at 7:52 p.m. MOTION: Trustee Leopold SECOND: Trustee Westberg The Voice Vote noted all ayes and the motion carried. Respectfully submitted, Rita McMahon Village Clerk 12.21.17 VB Meeting