Village Board

December 15, 2022 Village Board Meeting VILLAGE OF HUNTLEY VILLAGE BOARD MEETING MINUTES December 15, 2022 CALL TO ORDER: A meeting of the Village Board of the Village of Huntley was called to order on Thursday, December 15, 2022 at 7:00 p.m. in the Municipal Complex, Village Board Room, 10987 Main St., Huntley, Illinois 60142. ATTENDANCE: PRESENT: Mayor Timothy Hoeft; Trustees: Ronda Goldman, Niko Kanakaris, Curt Kittel, and JR Westberg. ABSENT: Trustees Mary Holzkopf and Harry Leopold IN ATTENDANCE: Village Manager David Johnson, Deputy Village Manager Lisa Armour, Management Assistant Barbara Read, and Village Attorney Betsy Gates-Alford. PLEDGE OF ALLEGIANCE: Mayor Hoeft led the Pledge of Allegiance. SPECIAL PRESENTATIONS: None PUBLIC COMMENTS: None CONSENT AGENDA: All items listed under Consent Agenda are considered to be routine by the Village Board and may be approved and/or accepted by one motion with a Roll Call Vote. If further discussion is needed, any member of the Board may request that an item be moved off of the Consent Agenda to Items for Discussion and Consideration. a) Consideration – Approval of the Bill List in the Amount of $1,213,761.34 b) Consideration – Approval of Payout Request No. 2 to Schroeder Asphalt Services, Inc. for the Church Street Parking Lot and Cornell Development Site Improvements in the Amount of $294,774.52 c) Consideration – Approval of Payout Request No. 4 (Final) to Geske and Sons, Inc. for the 2022 Street Improvement Program in the amount of $138,077.43 d) Consideration – Resolution Waiving Competitive Bid and Approving the Purchase of a Polymer Blending System for the West Wastewater Treatment Plant from Drydon Equipment in the amount of $32,400 e) Consideration – Resolution Waiving the Formal Bidding Process and Approving the Purchase of Water Meters and Radio Transmitters from Core & Main in an Amount Not to Exceed $150,000 f) Consideration – Resolution Waiving the Formal Bidding Process and Approving the Purchase of Bulk Fuel from Blu Petroleum for FY23 g) Consideration – Resolution Waiving the Formal Bidding Process and Approving the Purchase of Chemicals from Hawkins, Inc. in an Amount Not to Exceed $145,000 1  December 15, 2022 Village Board Meeting h) Consideration – Resolution Approving a Bid Award to Midwest Salt, LLC for the Purchase of Water Softening Salt in the Amount of $130 Per Ton i) Consideration – Resolution Authorizing a Support Services Agreement with Concentric Integration for SCADA System Management Services for FY23 j) Consideration – Resolution Approving a Professional Services Agreement with Ruekert- Mielke for GIS and Asset Management Program Services in the Amount of $98,000 k) Consideration – Resolution Approving a Contract Extension to CT Veach, Inc. for Landscape Maintenance Services in the Amount of $133,087 l) Consideration - Resolution Approving a Contract Extension to AB Sanchez, Inc. for the Entryway Area and Ornamental Bed Beautification Services in the Amount of $87,530 m) Consideration – Resolution Approving a Task Order for January 1, 2023 through December 31, 2023 with Advanced Business Networks, Inc. (ABN) for Information Technology Support Services in the Amount of $183,600 n) Consideration – Ordinance Approving the Annual License Renewal for 2023 for Commercial Wastehaulers and Sun City Residential Only Wastehauler – Village of Huntley Code of Ordinances Section 117.05 o) Consideration – Resolution Approving the Village of Huntley Village Board and Advisory Board Meeting Date Schedule for 2023 Mayor Hoeft asked if the Village Board had any comments or changes to the Consent Agenda; there were none. A MOTION was made to approve the December 15, 2022 Consent Agenda. MOTION: Trustee Westberg SECOND: Trustee Kanakaris AYES: Trustees: Goldman, Kanakaris, Kittel, and Westberg NAYS: None ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-2 ITEMS FOR DISCUSSION AND CONSIDERATION: a) Consideration – Resolution Approving a Temporary Use Permit to Hold an Outside Event on Village- Owned Property, Temporary Sign Request and Waiving of Fees for Huntley Vet Fest on June 17, 2023; Huntley American Legion Post 673, 11712 Coral Street Mayor Hoeft reported the Village has received a request from the Huntley American Legion Post 673 (Legion) as part of the annual liquor license renewal application to hold Huntley Vet Fest on June 17, 2023. The Vet Fest is a fundraiser to raise money to help veterans in McHenry County. STAFF ANALYSIS The Village is in receipt of a request for the following: 1. To hold an event on Village-owned property that includes 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 the Legion Honor Garden. In addition, it is proposed that the entire Town Square be fenced off for the event. The Legion is requesting permission to allow for the partial closure of Coral Street starting Friday, June 2  December 15, 2022 Village Board Meeting 16th, to set up the tent, stage and fencing; leaving the non-tent area of the street open on Friday. All of Coral Street will be closed on Saturday June 17th for the Farmers Market and Vet Fest. Coral Street will open completely after the removal of the tent on Sunday, June 18th. 2. To post 15 (3’x 10’) banners as indicated on the event signage exhibit provided. The banners would be posted two weeks prior to the event. A Sign Ordinance variation is required to locate the signs in Village rights-of-way. They are also requesting the assistance of the Public Works and Engineering Department to install the banners. 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 sign will be placed at any of the specified locations. 3. Directional Signage during the event, if necessary – signs in locations around the Square to assist those coming to the event. 4. Listing the event on the Village’s Gateway Sign. LEGAL ANALYSIS Village Board approval is required for the Huntley American Legion Post 673 to hold an outside event on Village-owned property and to place signs in Village rights-of-way. Mayor Hoeft asked if there were any comments or questions. There were none. A MOTION was made to approve a Resolution Approving a Temporary Use Permit to Hold an Outside Event on Village-Owned Property, Temporary Sign Request and Waiving of Fees for Huntley Vet Fest on June 17, 2023; Huntley American Legion Post 673, 11712 Coral Street subject to the following conditions of approval: 1. A Temporary Use Permit must be applied for and obtained from the Development Services Department. 2. All conditions of approval regarding the serving and/or selling of alcohol must be met. 3. The petitioner agrees to meet with Village Staff no less than 30 days prior to the event to present final security, parking and any other pertinent logistical information for the safe and orderly operation of the event. No less than one (1) week prior to event: 4. The petitioner shall provide the Village with a valid Certificate of Insurance naming the Village as an additional insured. 5. 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 Kanakaris SECOND: Trustee Goldman AYES: Trustees: Goldman, Kanakaris, Kittel, and Westberg NAYS: None ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-2 3  December 15, 2022 Village Board Meeting b) Consideration – Resolution Approving a Temporary Use Permit to Hold an Outside Event on Village- Owned Property; Bricks & Ivy LLC d/b/a Parkside Pub, 11721 E. Main St.; Huntley Thunder Music Fest, July 28 – 29, 2023 Mayor Hoeft said the Village is in receipt of a request from Bricks and Ivy LLC d/b/a Parkside Pub (Parkside) as part of the annual liquor license renewal application to hold the Huntley Thunder Music Fest 2023 event from Friday, July 28 to Saturday, July 29, 2023. The request also includes approval to install temporary signage at locations identified in the layout. Signage may include 3’ x 10’ banners and smaller directional signs around the Square during the event. STAFF ANALYSIS Parkside has included in their annual liquor renewal application a request to hold the Huntley Thunder Music Fest 2023. The event is proposed to take place in the area north of The Cornell building. Final layout for the festival will be determined after completion of the Church Street parking lot expansion and will be brought back to the Village Board. The event will include bands, food, and drinks. The event is proposed to take place on Friday, July 28th from 11:00 a.m. to 11:00 p.m. and Saturday, July 29th from 11:00 a.m. to 11:00 p.m. 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 addition, the petitioner will be required to enter into an agreement to indemnify and hold the Village harmless from and against all claims arising from the event. 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 Village Board approval is required for Bricks & Ivy LLC d/b/a Parkside to conduct an outside event on Village- owned property. 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 Hoeft asked if there were any questions or comments. There were none. A MOTION was made to approve a Resolution Approving a Temporary Use Permit to Hold an Outside Event on Village-Owned Property; Bricks & Ivy LLC d/b/a Parkside Pub, 11721 E. Main St.; Huntley Thunder Music Fest, July 28 – 29, 2023 subject to the following conditions of approval: 1. A Temporary Use Permit must be applied for and obtained from the Development Services Department to include the final festival layout. 2. All conditions of approval regarding the serving and/or selling of alcohol must be met. 3. The petitioner agrees to meet with Village Staff no less than 30 days prior to the event to present final security, parking and any other pertinent logistical information for the safe and orderly operation of the event. No less than one (1) week prior to event: 4. The petitioner shall provide the Village with a valid Certificate of Insurance naming the Village as an additional insured. 5. 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. 4  December 15, 2022 Village Board Meeting MOTION: Trustee Kittel SECOND: Trustee Goldman AYES: Trustees: Goldman, Kanakaris, Kittel, and Mayor Hoeft NAYS: None ABSTAIN: Trustee Westberg ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-1-2 c) Consideration – Resolution Approving a Temporary Use Permit to Hold an Outside Event on Village-Owned Property; Bricks & Ivy LLC d/b/a Parkside Pub, 11721 E. Main St.; Turkey Testicle Festival (TTF) - November 22, 2023 Mayor Hoeft said the Village has received a request from Parkside Pub as part of the annual liquor license renewal application to hold the 2023 Turkey Testicle Festival (TTF) on Wednesday, November 22, 2023. The request also includes approval to install temporary signage at locations identified. Signage may include 3’ x 10’ banners and smaller directional signs around the Square during the event. STAFF ANALYSIS Bricks and Ivy LLC d/b/a Parkside Pub (Parkside) has included in their annual liquor renewal application a request to hold the TTF on November 22, 2023. The proposed event will take place in the same location as previous years. Final layout for the festival will be determined after completion of the Church Street parking lot expansion and will be brought back to the Village Board. The event will include bands, food, and drinks. The hours of the event will be from 11:00 a.m. - 12:00 a.m. (Thursday November 23rd). 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 addition, the petitioner will be required to enter into an agreement to indemnify and hold the Village harmless from and against any and all claims arising from the event. LEGAL ANALYSIS Village Board approval is required for Bricks & Ivy LLC d/b/a Parkside to conduct an outside event on Village-owned property. 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 Hoeft asked if there were any questions or concerns. There were none. A MOTION was made to approve a Resolution Approving a Temporary Use Permit to Hold an Outside Event on Village-Owned Property; Bricks & Ivy LLC d/b/a Parkside Pub, 11721 E. Main St.; Turkey Testicle Festival (TTF) - November 22, 2023 subject to the following conditions of approval: 1. A Temporary Use Permit must be applied for and obtained from the Development Services Department to include the final festival layout. 2. All conditions of approval regarding the serving and/or selling of alcohol must be met. 3. The petitioner agrees to meet with Village Staff no less than 30 days prior to the event to present final security, parking and any other pertinent logistical information for the safe and orderly operation of the event. No less than one (1) week prior to event: 5  December 15, 2022 Village Board Meeting 4. The petitioner shall provide the Village with a valid Certificate of Insurance naming the Village as an additional insured. 5. 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 Kanakaris SECOND: Trustee Kittel AYES: Trustees: Goldman, Kanakaris, Kittel, and Mayor Hoeft NAYS: None ABSTAIN: Trustee Westberg ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-1-2 d) Consideration – Resolution Approving a Temporary Use Permit, Temporary Sign Request and Waiving of Fees; St. Mary Church/Parish Summer Fest on August 12, 2023 Mayor Hoeft said the Village is in receipt of a request from St. Mary Church (Church) to hold a Parish Summer Fest (event) on August 12, 2023 on their grounds located at 10307 Dundee Road. STAFF ANALYSIS The event will include games for the kids and families from 12:00 p.m. – 9:00 p.m. with hot dogs, hamburgers and miscellaneous salads being provided during family time. Following 5:00 p.m. mass, food trucks will be on-site for the remainder of the event. The event will offer beer and wine sold in a fenced-in tent area by Knights of Columbus members who are all BASSET trained. Deacon Lincoln and a small group of parishioners who have a band will provide live entertainment. The intent of this event is to provide an outreach to the public and provide a chance to come visit the church and meet other parishioners. The event will end at 9:00 pm with the serving of alcohol to end at 8:30 pm. The petitioner is also requesting two signs measuring 72” x 36” to announce the event. They are requesting one sign to be placed at Haligus and Main Street and another at Route 47 and Main Street two weeks prior to the event. The signs will be in place from July 29th and removed on Monday August 14th. FINANCIAL IMPACT The Church is requesting a waiver of fees. The Village Board has waived the fee in the past. LEGAL ANALYSIS Alcohol service requires a Class E liquor license for temporary events. Mayor Hoeft asked if there were any questions or comments. There were none. A MOTION was made to approve a Resolution Approving a Temporary Use Permit, Temporary Sign Request and Waiving of Fees; St. Mary Church/Parish Summer Fest on August 12, 2023 subject to the following conditions of approval: 1. A Temporary Use Permit must be applied for and obtained from the Development Services Department. 2. A Temporary Sign Permit must be applied for an obtained from the Development Services Department. 3. All conditions of approval regarding the serving and/or selling of alcohol must be met. 6  December 15, 2022 Village Board Meeting MOTION: Trustee Westberg SECOND: Trustee Goldman AYES: Trustees: Goldman, Kanakaris, Kittel, and Westberg NAYS: None ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-2 e) Consideration – Resolution Approving a Temporary Use Permit for Huntley Festival Foundation d/b/a Huntley Fall Fest to Hold a Festival including a Carnival, Temporary Sign Request, and Waiving of Fees for Huntley Fall Fest, September 29, 30 and October 1, 2023 Mayor Hoeft reported that the Huntley Fall Fest began in 2006 as a one-day event. Since that time, a carnival was added and several partnerships began with groups to raise funds for their benefit: Huntley Parks Foundation (basket raffle), Huntley Library (book sale), Huntley Area Lions Club (pancake breakfast), Kopf Running (5k), and Animal Services and Assistance Programs (car show). The Village is in receipt of a request from the Huntley Festival Foundation (Foundation) to hold the 2023 Fall Fest event at Deicke Park. The event is being planned for one week later than usual to avoid conflicts with Huntley High School Homecoming festivities. The event will be held on Friday September 29th from 5:00 p.m. - 11:00 p.m.; Saturday September 30th from 10:00 a.m. - 11:00 p.m.; and Sunday October 1st from 11:00 a.m. - 7:00 p.m. The letter submitted outlined the various events that take place during the event and the financial benefit to local organizations that volunteer at and/or participate in the event. STAFF ANALYSIS A meeting will need to take occur no later than 30 days prior to the event taking place between the Village, Police and Park District Staff to discuss such matters as private security for the event, the safety plan, parking and other pertinent logistical information for the safe and orderly operation of the festival. The Foundation has submitted a letter of request for approval of the following items: 1. To hold a festival on Park District property that includes but is not limited to: entertainment, food and drink, craft fair, car show and fireworks. The complete list was outlined in a letter provided. 2. To hold a carnival in the Stingray Bay parking lot. The Zoning Ordinance allows for the issuance of a temporary use permit by the Village Board of Trustees for a carnival subject to the following conditions: a) the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties, b) limited to a period not to exceed five (5) days, and c) adequate fire extinguishers, refuse containers and cleanup of the site upon termination of the event. 3. To hire three Police Officers for traffic direction and security during the Fest. Traffic direction is requested at the following locations: • Route 47 and Mill St. (2 Officers) Friday 7–10 p.m.; Saturday 3–10:30 p.m.; Sunday 1– 6 p.m. • Mill St. and Lincoln St. (1 Officer) Friday 6–10 p.m.; Saturday 1–10:30 p.m.; Sunday 1– 6 p.m. 4. Parking for the festival will be provided mainly on Park District property (approximately 639 spaces), and in the Union Special parking lot (250+). A shuttle bus will transport people from Union Special 7  December 15, 2022 Village Board Meeting to the fest; an exhibit showing the bus route was provided. If available, overflow parking is proposed on the top portion of the +/- 17 acres at the northwest corner of Route 47 and Mill Street as authorized and permitted by the property owner. Additionally, the Foundation is requesting assistance from the Village to place stakes/poles in the overflow parking area so that flags can be installed to indicate parking rows. The Foundation will mark the pole locations. As in the past, the following Village streets will be posted no parking: Mill, Lincoln, Sunset and Heinz. 5. To post temporary signage before and after the event as follows: a) To post 15 (3’ x 10’) banners as indicated on the event signage exhibit provided. The banners would be posted two weeks prior to the event. They are also requesting the assistance of the Public Works and Engineering Department to hang the banners. 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 location and a Sign Ordinance variation is required to locate the signs on Village rights-of-way. b) To post yard signs at the subdivision entrances one (1) week prior to the event. c) To post directional signage on the day of the event at the following locations: • West Main Street at Lois Lane • Deicke Park entrance at Route 47 • Route 47 and Mill Street • Parking Lot of Union Special/Sew Hop’d d) The use of the two Village-owned electronic message boards to use on Route 47 and Mill Street to assist those entering the fest. 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 Hoeft asked if there were any questions. There were none. A MOTION was made to approve a Resolution Approving a Temporary Use Permit for Huntley Festival Foundation d/b/a Huntley Fall Fest to Hold a Festival including a Carnival, Temporary Sign Request, and Waiving of Fees for Huntley Fall Fest, September 29, 30 and October 1, 2023 subject to the following conditions of approval: 1. Letter of authorization for the event to be held on Huntley Park District property. 2. A Temporary Use Permit must be applied for and obtained from the Development Services Department. 3. All conditions of approval regarding the serving and/or selling of alcohol must be met. 4. Letter of authorization from the property owner of the +/- 17 acres of the northwest corner of Route 47 and Mill Street to utilize the overflow parking area. 5. The Foundation agrees to meet with Village Staff within 30 days upon approval of the Temporary Use Request to discuss and plan for security, parking and any other pertinent logistical information for the safe and orderly operation of the festival. 6. The Foundation agrees to meet again with Village Staff no later than 30 days prior to the event to present final security, parking and any other pertinent logistical information for the safe and orderly operation of the festival. 8  December 15, 2022 Village Board Meeting 7. The petitioner shall provide the Village with a valid Certificate of Insurance naming the Village as an additional insured. 8. 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. 9. The signs are to be removed no later than Monday, October 2, 2023. MOTION: Trustee Kanakaris SECOND: Trustee Kittel AYES: Trustees: Goldman, Kanakaris, Kittel, and Westberg NAYS: None ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-2 f) Consideration – Ordinance Amending the Huntley Code of Ordinances – Title XI Business Regulations, Chapter 110 Alcoholic Beverages to Create a Class “N” Liquor License Classification to Permit the Retail Sale of Beer and Wine for Consumption on Huntley Park District Property Mayor Hoeft 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, Video Gaming and Electronic Sweepstakes Machines. STAFF ANALYSIS A new Class “N” liquor license is being proposed to accommodate the Huntley Park District’s (District) request to provide beer and wine at events and classes conducted by the District. Currently the Village of Huntley Code of Ordinances does not allow for the consumption of any alcoholic beverages on public property except for DORA downtown events as approved by the Village Board. The Class “N” license would provide for the retail sale and consumption on premises of beer and wine only and would only be allowed for up to 25 events or classes per year. The Class “N” proposed amendment language for Chapter 110 of the Code of Ordinances was reviewed by the Village Attorney as outlined in bold below: § 110.23 CLASSIFICATION AND FEES (A) There shall be twelve thirteen classes of licenses: * * * (12) Class “N.” Class “N,” which shall only permit the retail sale of beer and wine, or “BYOB” beer and wine, for consumption on the licensed premises at special events conducted or sponsored by an Illinois public park district on the park district’s property. A Class N license shall only be issued to a public park district that does not hold any other class of liquor license issued by the Village for the same premises. Each Class N license shall specify the following: (a) The date(s) on which each licensed event will occur, and the nature of each event. 9  December 15, 2022 Village Board Meeting (b) The hours of each licensed event, which shall not begin earlier than 11:00 a.m. or end later than 10:00 p.m. on any day of the week. (c) The premises upon which beer and wine may be sold and/or consumed during each licensed event. The licensed premises may include designated outdoor areas or facilities on the licensee’s property as specified in the license. Sale, service, or consumption of beer and wine in public park facilities consistent with a Class N license shall not be a violation of Section 110.14 regarding drinking in public places. (d) A list of persons who will sell or serve beer or wine during each licensed event. All persons who will sell or serve alcoholic beverages must have, prior to the event, completed the B.A.S.S.E.T. program or an approved comparable training program in accordance with Section 110.32. The licensee shall file all required certificates of completion with the Village. (e) The nature, location, and hours of any amplified music or sound permitted to be used in conjunction with any outdoor event. (f) Such other terms, restrictions, limitations, or conditions as the Liquor Control Commission may reasonably specify for each licensed event, including with respect to patron age verification, crowd management and security, and refuse removal. All Class N licenses and licensed events shall be subject to the following conditions and limitations: (g) At the time of filing an application for a Class N license, the applicant shall submit certificate(s) of insurance as required by Section 110.26. (h) Licensed events shall be limited to adults-only special events or classes conducted or sponsored by the licensee at which the sale and/or consumption of beer and wine by the glass is incidental to patrons’ participation in the event or class. Retail sale of beer and wine to patrons may be included in the cost of tickets or registration fees charged for attendance at a licensed event or class. (i) A Class N licensee shall be limited to not more than twenty-five (25) licensed events per calendar year, and no licensed event or combination of events may occur on more than three (3) consecutive days. For purposes of this requirement, each day on which an event is conducted, and each session of a class or event series, shall be considered a separate event. (j) No outdoor amplified music or sound will be allowed in conjunction with a licensed event unless, and to the extent, authorized by the license. 10  December 15, 2022 Village Board Meeting (k) The licensee may request minor alterations to the date(s), hours, and premises specified for a licensed event by submitting a change request to the Village Clerk not less than twenty-one (21) days before the event. The Chairman of the Liquor Control Commission shall be authorized to approve minor requested changes that, in the Chairman’s reasonable discretion, do not materially alter the nature and character of the event. Any requested change that the Chairman does not determine to be a minor change shall require review and approval by the Liquor Control Commission. (l) Video gaming shall not be permitted on any Class N licensed premises. (m) The annual fee for a Class “N” license shall be $1,500. § 110.24 LIMITATION ON LICENSES (J) There shall be no more than one Class “N” license in the corporate limits of the Village at any one time. FINANCIAL IMPACT The annual fee of $1,500 is the cost for a Class “N” liquor license and must be paid at time of application. LEGAL ANALYSIS The Village Attorney prepared the code amendment and all is in order for Village Board consideration. Mayor Hoeft asked if there were any questions. Trustee Goldman asked for the representative of the Park District to please come forward and explain what events were planned to use this license. Huntley Park District Executive Director Scott Crowe and Recreation Director Joe Patterson stepped forward and explained that the events are for 21 and older participants. Director Crowe added that they are planning a senior bingo and adult prom as well as trying to have a cup in hand softball tournament again this year as was previously approved but never happened. There were no other questions or comments. A MOTION was made to approve an Ordinance Amending the Huntley Code of Ordinances – Title XI Business Regulations, Chapter 110 Alcoholic Beverages to Create a Class “N” Liquor License Classification to Permit the Retail Sale of Beer and Wine for Consumption on Huntley Park District Property. MOTION: Trustee Kanakaris SECOND: Trustee Westberg AYES: Trustees: Kanakaris, Kittel, Westberg and Mayor Hoeft NAYS: Trustee Goldman ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-1-2 g) Consideration – Ordinance Approving the Issuance of a Video Gaming Location License to Huntley Park District / Pinecrest Golf Club, 11220 Algonquin Road Mayor Hoeft said the Village regulates video gaming licenses and terminals in the Village pursuant to Title XI, Section 110.60 Gaming Licenses of the Code of Ordinances. Individual approval is required for all gaming requests. 11  December 15, 2022 Village Board Meeting STAFF ANALYSIS The Village is in receipt of a video gaming location license request from the Huntley Park District to obtain a gaming license for Pinecrest Golf Club (Pinecrest) 11220 Algonquin Road to install six gaming terminals. The Huntley Park District was issued a Class “F” liquor license in 2013 for Pinecrest and has been successfully renewed each year. A Class “F” liquor license allows for video gaming subject to Village Board approval. Pinecrest has submitted preliminary plans proposing the gaming terminals to be located in a corner of the restaurant and within the line of sight from the bartenders. Plans have been submitted to the Development Services Department staff to review prior to the installation of the gaming terminals. Video Gaming Café. A "video gaming cafe" shall be defined as an establishment whose primary or major focus is to operate video gaming terminals as defined under the Illinois Video Gaming Act and the service of alcohol and food is incidental to the operation of video gaming. The following factors may be considered when determining if an establishment is a video gaming café: • The layout and design of the establishment Site plan provided • The preparation and variety of food and beverages offered Complete restaurant menu offered • The creation and operation of a commercial kitchen on the premises Existing kitchen is a commercial kitchen • The number of video gaming terminals relative to the customer seating capacity of the establishment is less than 10 customer seats for each terminal, excluding terminal seats 60 seats would be required by code for 6 terminals. Petitioner currently has seating for over 200 patrons • The source of proposed or actual revenue derived from the establishment generated by food and drink sales Pinecrest restaurant’s main revenue source is food and drink provided in the restaurant. • The number of employees at the establishment and their proposed function; Currently has 50 employees. • Any other factors as determined relevant by the Village Board The petitioner’s application has been submitted to the Illinois Gaming Board and is awaiting consideration. FINANCIAL IMPACT The fee of $3,000 for six gaming terminals has been received and deposited to the Liquor License revenue line item 100-00-00-4320. LEGAL ANALYSIS Section 110.60 of the Village Code of Ordinances regulates video gaming in the Village. The application has been reviewed and is on file. Mayor Hoeft asked if there were any questions. There were none. A MOTION was made to approve an Ordinance Approving the Issuance of a Video Gaming Location License to Huntley Park District / Pinecrest Golf Club, 11220 Algonquin Road pursuant to the Village of Huntley Code of Ordinances Section 110.60 subject to the conditions below: 1. Successful plan review by the Development Services Department 2. Proof of approval by Illinois Gaming Board MOTION: Trustee Kanakaris SECOND: Trustee Goldman AYES: Trustees: Goldman, Kanakaris, Kittel, and Westberg 12  December 15, 2022 Village Board Meeting NAYS: None ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-2 h) Consideration – Ordinance Approving the Issuance of a Video Gaming Location License to Jameson’s Huntley, Inc.; 12860 Del Webb Boulevard Mayor Hoeft stated that the Village regulates video gaming licenses and terminals in the Village pursuant to Title XI, Section 110.60 Gaming Licenses of the Code of Ordinances. Individual approval is required for all gaming requests. STAFF ANALYSIS The Village is in receipt of a video gaming location license request from Jameson’s Huntley, Inc., (Jameson’s) 12860 Del Webb Boulevard, to install four gaming terminals. Jameson’s was issued a Class “A” liquor license in 2011 and has been successfully renewed each year. A Class “A” liquor license allows for video gaming subject to Village Board approval. Jameson’s has submitted preliminary plans showing the gaming terminals located within the bar area of the restaurant in the Prairie Lodge within the line of sight of the bartenders. Official plans will need to be submitted to the Development Services Department staff to review ADA accessibility prior to the installation of the gaming terminals. Video Gaming Café. A "video gaming cafe" shall be defined as an establishment whose primary or major focus is to operate video gaming terminals as defined under the Illinois Video Gaming Act and the service of alcohol and food is incidental to the operation of video gaming. The following factors may be considered when determining if an establishment is a video gaming café: • The layout and design of the establishment Site plan provided • The preparation and variety of food and beverages offered Complete restaurant menu offered • The creation and operation of a commercial kitchen on the premises Existing kitchen is a commercial kitchen • The number of video gaming terminals relative to the customer seating capacity of the establishment is less than 10 customer seats for each terminal, excluding terminal seats 40 seats would be required by code for four terminals. Petitioner currently has seating for over 200 patrons • The source of proposed or actual revenue derived from the establishment generated by food and drink sales Jameson’s main revenue source is food provided in the restaurant and has been in operation since 2011. • The number of employees at the establishment and their proposed function; Currently has 38 employees. • Any other factors as determined relevant by the Village Board The petitioner’s application has been submitted to the Illinois Gaming Board for consideration. FINANCIAL IMPACT The fee of $1,000 has been received from the terminal operator and $2,000 for four gaming terminals have been received and deposited to the Liquor License revenue line item 100-00-00-4320. LEGAL ANALYSIS Section 110.60 of the Village Code of Ordinances regulates video gaming in the Village. The application has been reviewed and is on file. 13  December 15, 2022 Village Board Meeting Mayor Hoeft asked if there were any questions. There were none. A MOTION was made to approve an Ordinance Approving the Issuance of a Video Gaming Location License to Jameson’s Huntley, Inc.; 12860 Del Webb Boulevard, pursuant to the Village of Huntley Code of Ordinances Section 110.60 subject to the conditions below: 1. Successful plan review by the Development Services Department 2. Petitioner must show proof of approval by Illinois Gaming Board MOTION: Trustee Westberg SECOND: Trustee Kanakaris AYES: Trustees: Goldman, Kanakaris, Kittel, and Westberg NAYS: None ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-2 i) Consideration – Ordinance Approving the Issuance of 2023 Video Gaming Licenses – Village of Huntley Code of Ordinances Section 110.60 Mayor Hoeft said pursuant to Section 110.60 of the Village Code of Ordinances, Video Gaming is regulated by the Village Board. A license must be obtained prior to operating video gaming terminals and is required to be renewed annually. 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: • Video Gaming Application • Economic Interest Disclosure Form • Payment of $500 per machine • Video Terminal Operator Application • Payment of $1,000 by video gaming terminal operator per location STAFF ANALYSIS A total of 16 businesses with 83 gaming machines were licensed in 2022 for operation in the Village. There are currently two outstanding gaming applications waiting for State approval: Jameson’s Huntley and the Huntley Park District for Pinecrest. Tacos Locos has opted not to renew a license for 2023 and will no longer offer video gaming. The establishments listed below seeking renewal for 2023 have submitted the appropriate applications and payment for the gaming machines and terminal operators for a total of 15 businesses with 79 terminals. 2021 Licensed 2022 Active 2023 Establishment Terminals Terminals Renewal 1. BBQ King Smokehouse 5 5 4 2. Bowl Hi Lanes 6 6 6 3. Huntley Legion Home 6 6 6 4. Lucky Bernie’s 6 6 6 5. Millie’s Wine and Gaming 6 6 6 6. Offie’s Tap 6 6 6 7. Parkside Pub 3 3 3 8. Pub 47 5 5 5 14  December 15, 2022 Village Board Meeting 9. Rookies 6 6 6 10. Sal’s Pizza 4 4 4 11. Sammy’s 6 6 6 12. Goodfella’s Beef 5 5 5 13. Soula’s Village Inn 5 5 5 14. Tacos Locos 4 4 0 15. Tipsy’s Bar & Pizza 4 4 4 16. Tufano’s Pizzeria 6 6 6 83 83 79 FINANCIAL IMPACT As part of the approved FY23 Budget, gaming machine and terminal operator revenue sources are included under the Licenses and Permits line item in the General Fund. The 2023 gaming fee is $500 per machine and the operator license fee is $1,000 per location, resulting in fees of $54,500. FY22 video gaming terminal revenue received by the Village through October was $209,222.10. 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 Hoeft asked if there were any questions. There were none. A MOTION was made to approve an Ordinance Approving the Issuance of 2023 Video Gaming Licenses – Village of Huntley Code of Ordinances Section 110.60 MOTION: Trustee Goldman SECOND: Trustee Kittel AYES: Trustees: Goldman, Kanakaris, Kittel, and Westberg NAYS: None ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-2 j) Consideration – Ordinance Approving the Issuance of 2023 Tobacco Licenses – Village of Huntley Code of Ordinances Chapter 120.03, Tobacco Mayor Hoeft stated pursuant to Chapter 120 of the Village Code of Ordinances, tobacco is regulated by the Village Board of Trustees and a license must be obtained prior to selling tobacco and tobacco products. Tobacco license applications were distributed to current license holders in October for licensing renewals as of January 1, 2023. A Class “A” license is defined as an Accessory Use license for a business that offer tobacco products and/or tobacco paraphernalia for sale at retail but derives less than 30% of its gross revenue from the sale of tobacco products and tobacco paraphernalia. The fee for a Class “A” license is $200. The Code of Ordinances allows for an unlimited number of Class “A” Accessory Use licenses, as the sale of tobacco products is not the primary function of the establishment. 15  December 15, 2022 Village Board Meeting A Class “B” license is required for a tobacco store that offers tobacco products and/or tobacco paraphernalia for sale at retail and derives 30% or more of its gross revenue from the sale of tobacco products and tobacco paraphernalia. The fee for a Class B license is $500. As part of the application the following items are required to be submitted: • Signed Application • Economic Interest Disclosure Form • Payment of $200 for a Class “A” license/Payment of $500 for a Class “B” license • BASSET or TIPS training information for employees STAFF ANALYSIS There are currently eleven business that require a Class “A” license and three businesses that require a Class “B” license. The following establishments have submitted a renewal application and payment for a tobacco license for 2023: Class “A” – Accessory Use 1. 7-11/Exxon - 12400 Princeton Drive 2. Armanetti’s Wine & Spirits - 9714 N. Route 47 3. Huntley Food & Liquor - 10729 Dundee Road 4. Jewel Osco - 10090 Route 47 (North) 5. Jewel Osco - 13200 Village Green Dr. (South) 6. Mobil Gas (Drendel’s Corner) 13280 S. Route 47 7. Mobil Gas (JM Food Shop) 11200 S. Route 47 8. Thorntons; 11975 Route 47 9. Walgreens - 9950 Route 47 (North) 10. Walgreens - 12000 Princeton Drive (South) 11. Walmart - 12300 Route 47 Class “B” – Tobacco Store 1. Best Price Tobacco & Gifts - 11717 Main Street 2. Kingsman Smoke & Vape - 10996 N. Route 47 3. Wise Guys Vapes - 12392 Princeton Drive FINANCIAL IMPACT As part of the approved FY23 Budget, tobacco license revenue is included under the Licenses and Permits line item in the General Fund. Payments received as part of the 2023 application process have been deposited in this line item. Total license fees are $3,700 ($200 for eleven Class “A” licenses = $2,200; $500 for three Class “B” licenses = $1,500). LEGAL ANALYSIS Chapter 120 of the Village Code of Ordinances regulates tobacco sales in the Village. The applications have been reviewed and comply with Chapter 120, Tobacco. Trustee Westberg asked if there would be a compliance check soon. Village Manager Johnson said yes, it is being planned. Mayor Hoeft asked if there were any other questions. There were none. 16  December 15, 2022 Village Board Meeting A MOTION was made to approve an Ordinance Approving the Issuance of 2023 Tobacco Licenses – Village of Huntley Code of Ordinances Chapter 120.03, Tobacco MOTION: Trustee Kittel SECOND: Trustee Westberg AYES: Trustees: Goldman, Kanakaris, Kittel, and Westberg NAYS: None ABSENT: Trustees Holzkopf and Leopold The motion carried: 4-0-2 VILLAGE ATTORNEY’S REPORT: None VILLAGE MANAGER’S REPORT: Village Manager Johnson stated that the last Manager’s Report of the year will be distributed on Friday. VILLAGE PRESIDENT’S REPORT: Mayor Hoeft said the Liquor Commission meeting will immediately follow the close of this meeting. He invited everyone to attend the Wreaths Across America event at the Huntley Cemetery at noon on Saturday the 17th and the Cocoa Crawl with ice sculpting at the town square Saturday afternoon as well. Mayor Hoeft said that Village offices will be closed on Friday, Dec 23rd and Monday, Dec 26th in observation of Christmas and on Monday, January 2nd in observation of New Year’s Day and the next Village Board meeting will be January 12, 2023. Mayor Hoeft concluded by wishing everyone a very Merry Christmas. UNFINISHED BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None POSSIBLE ACTION ON ANY CLOSED SESSION ITEM: None ADJOURNMENT: There being no further items to discuss, a MOTION was made to adjourn the meeting at 7:12 p.m. MOTION: Trustee Kanakaris SECOND: Trustee Goldman The Voice Vote noted all ayes and the motion carried. Respectfully submitted, Rita McMahon Village Clerk 17