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Carbondale City Council to consider allowing alcohol sales in convenience stores

Carbondale City Council will meet at 7 p.m. Tuesday, Aug. 9.

Led by the mayor, the Carbondale City Council serves as the legislative and policy body of the city.

Here is the agenda as provided by Carbondale:

2016 Regular City Council Meeting August 9, 2016

Tuesday, August 9, 2016

City Council Chambers, Room 108

200 South Illinois Avenue

Carbondale, Illinois 62901

1. Preliminaries to the City Council Meeting

1.1 Roll Call

1.2 General Announcements and Proclamations

1.3 Citizens' Comments and Questions

1.4 Public Hearings and Special Reports

2. Consent Agenda of the City Council

2.1 Regular Meeting Minutes of the Carbondale City Council from July 19, 2016

Our adopted rules of Parliamentary Procedure, Robert’s Rules, provide for a consent agenda which lists several items for approval by the City Council with a single motion. Consent agenda items are usually matters that are routine in nature or considered to be uncontroversial. Items may be removed from the consent agenda at the request of any City Council member.

2.2 Approval of Warrant for the Period Ending: 07/04/2016 FY 2017 Warrant #1278 in the amount of $910,036.56

2.3 Approval of Warrant for the Period Ending: 07/18/2016 FY 2017 Warrant #1279 in the amount of $1,540,259.20

2.4 Approval of the 2017 City Council Calendar of Meetings

The Illinois Open Meeting Act (5 ILCS 120/2) requires that each public body give public notice of the annual schedule of the regular meetings. Adoption of the calendar does not preclude the City Council from holding special meetings or from cancelling or rescheduling regular meetings with appropriate notice as set out in the Open Meetings Act.

2.5 Resolution Declaring Fair Days for Carbondale Main Street at the Lost Cross 30th Anniversary

Attached is a letter from Carbondale Main Street requesting the declaration of Fair Days for the Lost Cross 30th Anniversary on Saturday, September 3, 2016. This event will be located on West Elm Street between South Ash and South Beveridge Streets. The Fair Days designation would allow public consumption of alcohol in the specified area described in the resolution. The use of glass containers is prohibited within the Fair Days area and the requester is to ensure the provision of waste receptacles, sanitation facilities, and security fencing to contain the area where public consumption may occur. As a temporary liquor license has not been issued to the requester for this event, the sale of alcohol by the Fair Days requester and any vendors is prohibited.

2016-08-09 Fair Days Resolution for Carbondale Main Street and the Lost Cross 30th Anniversary Celebration.pdf (13 KB)Carbondale Main Street Fair Days Request 30th Anniversary Lost Cross_pdf-r.pdf (1,296 KB)

2.6 Resolution authorizing the City Manager to accept a Deed in Lieu of Foreclosure for property located at 415 East Oak Street

In 2013, the City of Carbondale completed a demolition of a property located at 415 E. Oak Street and filed a lien against the property to recover the City's expenses. After filing collection action against the property owners, the owners elected to sign a deed in leu of foreclosure which will convey the property to the City. The cost to demolish the property was $2,602.23, which includes the actual demolition cost, filing fees, and legal fees.

2.7 Acceptance of Approved Minutes of Boards, Commissions, and Committees

Attached are approved minutes for the Council's acceptance from the following Boards, Commissions, and Committee meetings:

Liquor Advisory Board - May 19 and June 2, 2016

Police Pension Board - June 21, 2016

Preservation Commission - May 16, 2016

Firefighters' Pension Board - April 19, 2016

Sustainability Commission - March 17, 2016

2.8 Appointments and Reappointments to Boards and Commissions

Originating Department: Office of the Mayor Background: Mayor Henry recommends the following appointments and reappointments to Boards and Commissions: Carbondale Tourism Bureau: Appointment of Winslow Chow, 300 W. Chestnut Street and Carole King, 2175 Reed Station Road, to terms expiring April 30, 2019. Library Board of Trustees: Reappointment of Philip Brown, 1101 W. Walkup Avenue, Susan Tulis, 109 S. Maple Street and Sharifa Stewart, 316 Lynda Drive, to terms ending June 30, 2019. Planning Commission - Zoning Board of Appeals: Appointment of William Hamilton, 416 Irish Rose Lane, to a term to expire January 31, 2020. Reappointment of Janet Lilly, 710 E. Searing Street, to a term to expire January 31, 2019. Preservation Commission: Appointment of Jordan Wren, 1419 N. Pierce Street and Justin Zurlinden, 308 S. Cedarview Street, to terms to expire October 31, 2017. Reappointment of Kathy Benedict, 206 S. Poplar Street, to a term expiring October 31, 2017. Reappointment of Kevin P. Clark, 512 W. Oak Street, Barbara Doherty, 2919 W. Kent Drive and Dorothy Ittner, 1102 W. Hill Avenue, to terms ending October 31, 2018. Reappointment of Scott Comparato, 48 Hillcrest Drive and Jason Sigler, 1106 W. Freeman Street, to terms expiring October 31, 2019. Reappointment of Ed Van Awken, 1009 W. Sycamore Street, to a term expiring May 1, 2019.

2.9 Award of Contract for CIP No. WW1601 Northwest Wastewater Treatment Plant River Vault Renovations

The purpose of this project is to evaluate the condition of the existing river vault and siphon control systems, decide on appropriate renovations, and implement these renovations. The NWWWTP effluent is discharged into the Big Muddy River through a siphon system. This system prevents the effluent from having to be pumped and saves the City significant electrical costs. The control structure at the Big Muddy River is referred to as the “River Vault” and consists of a 12’ x 18’ underground vault that houses the control valve; this vault is accessed through a 40’ long 4’ diameter tube that extends to the surface. The existing vault and steel access tube were installed in the early 1980’s and are beginning to show significant signs of corrosion and deterioration. Bid Documents were prepared for the Northwest Wastewater Treatment Plant River Vault Renovations Project (WW1601) and the bid was advertised in the Southern Illinoisan on July 14, 2016. Bid invitations were sent to three (3) contractors and one (1) plan house as shown on the attached Certificate. Three (3) contractors purchased the Bid Documents. Two (2) bids were received on August 2, 2016, as shown on the attached Bid Tabulation, bids ranged from $466,422 to $477,000. The low bid was submitted by Haier Pluming & Heating Inc. of Okawville, Illinois in the amount of $466,422 which is $81,422 (21%) over the available FY2017 construction and contingency budget of $385,000. The original project budget was developed prior to final design, which includes work that was not originally anticipated including the complete replacement of the existing wooden access bridge structure with a new aluminum access bridge structure, and the replacement of the main control valve. Staff has reviewed the bids and the material costs for various construction items and believes that the City can realize significant savings by value engineering the access bridge materials. This will be done post award via a change order with the low bid contractor. Value engineering savings are currently estimated to be $40,000 which will reduce the project costs by 8.6%. Funds to mitigate the over budget amount are currently available within the approved FY2017 Five Year Community Investment Program (CIP) budget through savings on other projects.

17-15 Bid Checklist 2016-08-09.pdf (35 KB)17-15 Certificate 2016-08-09.pdf (14 KB)17-15 Bid Tab 2016-08-09.pdf (24 KB)

2.10 Award of Contract for Roof Coating for the City Hall and Northwest Wastewater Treatment Plant Roofs

Background: The City of Carbondale Building Maintenance Division oversees the maintenance and repairs of the City's buildings. The roofs at City Hall and the Northwest Wastewater Treatment Plant are in need of repairs and are at the end of their 20 lifespan. With the application of this silicon coating system to the existing roofing it will extend the warranty of these roofs another 20 years. Since the silicon is white, it will also help reduce cooling costs in the Summer. Bid specifications for a white silicon roof coating system on the City Hall and the Northwest Wastewater Treatment Plant roofs were prepared and the bid was advertised in the Southern Illinoisan on July 24, 2016. Three (3) Bid Packets were sent to firms listed on the attached Certificate. Three (3) sealed bids were received. The bids were based on unit price per square feet of area to be coated. The high bid was Baine Roofing Co. of Carbondale, Illinois, for a total bid of $53,294.43. The second highest bid was from The Happy Roof Co. of St. Louis, Missouri, for a total bid of $49,755.76. The low bidder was Clover Roofing of Murphysboro, Illinois, for a total bid of $47,764.20. Clover Roofing’s bid for the City Hall was $41,943.00 which was $3,057.00 under the budgeted amount of $45,000.00. Clover Roofing’s bid for the Northwest Wastewater Treatment Plant was $5,821.20 which was $19,178.80 under the budgeted amount of $25,000.00.

3. General Business of the City Council

3.1 Resolution authorizing the City Manager to execute an automobile incentive agreement with Ward Chrysler Inc.

In 2007, the Carbondale City Council created an automotive incentive program to provide financial incentives to automobile dealers to help attract new franchises to Carbondale. In 2014, the City Council amended the program to include motorcycles and all-terrain vehicles. This incentive program provides up to $50,000 to a dealer that attracts a new automobile franchise to Carbondale. The $50,000 is a rebate of the 1% municipal sales tax that is applied to automotive sales achieved in the first 12 months of operation, up to $5 million in total sales. If the dealer doesn't achieve $5 million in sales in the first year, the dealer must reimburse the City for the shortage in sales tax revenue generated. In addition, the dealer is required to remain open for sales for at least 3 years following the execution of the agreement, otherwise the entire $50,000 must be repaid to the City. Mark Ward of Ward Chrysler Inc. has requested that the City provide an automotive incentive for the establishment of a new Fiat franchise in Carbondale. If approved, Mr. Ward expects to begin sales of new Fiat vehicles in September. Recommended Action: It's recommended that the City Council approve a resolution authorizing the City Manager to enter into an automobile incentive agreement with Ward Chrysler Inc.

3.2 Ordinance Amending Title Seven of the Carbondale Revised Code as it relates to food and beverage tax

At the June 14, 2016 City Council meeting the City Council passed a 4% food and beverage tax that was specific to businesses with certain standard industry classification (SIC) codes; primarily bars and restaurants. At the July 19th City Council meeting, and following comments and discussion from several local business owners, the City Council requested that staff revise the ordinance to expand the food and beverage tax to all prepared foods. Expanding the food and beverage tax to all prepared foods includes hot foods sold at grocery stores, convenience stores, and movie theaters, and also includes bakery items and cold foods sold in deli cases at grocery and convenience stores. Staff has revised the food and beverage tax ordinance and have included the final version for consideration this evening. On August 4, 2016 the Carbondale Chamber of Commerce held a public forum that was attended by numerous Carbondale restaurant owners to discuss the food and beverage tax. As a result of the meeting, the Carbondale Chamber of Commerce has recommended that the food and beverage tax be lowered from 4% to 1% and in lieu of the reduction, consider raising the retail sales tax by 1/4%. If the City Council were to pursue this action, an ordinance would need to be approved before October 1, 2016 for the sales tax to take effect on January 1, 2017. If Council wishes to pursue such action, it's recommended that the issue be discussed this evening, prior to taking formal action on the food and beverage tax ordinance that is being considered. Recommended Action: It's recommended that the City Council approve an ordinance amending Title 7, Chapter 12 of the Carbondale Revised Code as it relates to food and beverage tax.

3.3 Discussion of amending Title 2 of the Carbondale Revised Code to allow alcohol sales in convenience stores

Carbondale has traditionally prohibited sales of alcohol at any location where motor fuel is sold. This was partially changed in 2011 when the City adopted C2 licenses permitting grocery stores to sell alcohol. This change allowed grocery stores, such as Kroger, to sell alcohol as they also sell motor fuel on the same property where alcohol is sold. Following the 2011 change, recurring requests have been made to the City from convenience stores requesting that they be granted the ability to sell wine and beer. As a result, Staff has reviewed ordinances from other communities and has prepared sample language for the City Council to discuss and provide further direction on. Recommended Action: It's recommended that the City Council participate in a discussion to consider amending Title 2 of the Carbondale Revised Code to allow alcohol sales in convenience stores.

4. Comments from the City Council

5. Executive Session

5.1 Motion to Enter Executive Session

5.2 Motion to Return to Open Session

6. Adjournment of the City Council Meeting

6.1 Adjourn meeting

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