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Home My WebLink AboutMinutes - 12/11/1995 - City Council REGULAR MEETING DECEMBER 11, 1995 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda on Monday, December 11 , 1995 at 7:30 P.M. in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Locke, Bates, Lawson. Absent: Bolger. Alderman Baird arrived at 8:00 P.M. City Staff in attendance were City Clerk Althoff, City Administrator Peterson, Chief of Police Joyce. Absent: Director of Building and Zoning Lobaito, Director of Public Works Batt, Director of Parks and Recreation Merkel, City Attorney McArdle. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Lawson, seconded by Locke, to approve the Consent Agenda as follows: (1) November 29, 1995 Regular City Council Meeting Minutes; (2) Transfer of A-5 Liquor License from Pen Cheng & Li Tsang Chou (Peking China Restaurant) to Elaine Leang (Peking Panda Restaurant), subject to the City's receipt of fingerprinting check; (3) November Treasurer's Report: (4) November Budget Report; (5) November Bills as follows: GENERAL FUND 81956 A-ABLE ALARM SERVICE INC $ 104.75 81957 ACCESSORIES PLUS INC $ 1337.75 81958 DAN ADAMS STEEL SERV INC $ 185.94 81959 R A ADAMS ENTERPRISES INC $ 245.71 81960 ADVANTAGE COMPUTER SUPPLY $ 432.58 81961 AHLBORN EQUIPMENT INC $ 81.72 81962 ALEXANDER BATTERY CO INC $ 232.48 81963 AMBASSADOR OFFICE EQUIP $ 391.75 81964 AMERITECH $ 869.99 _ 81965 APPLESEED RECREATION $ 188.54 81966 AUTO TECH CENTERS INC $ 246.60 81967 BARCLAYS LAW PUBLISHERS $ 109.00 81968 BARTON-ASCHMAN ASSOC INC $ 4006.73 81969 BAXTER & WOODMAN $ 142.25 81970 BERETTA USA $ 29.96 81971 BOTTS WELDING & TRK SERV $ 23.90 81972 PHILLIP E BRADY & ASSOC $ 105.00 81973 L M BROWNSEY SUPPLY CO $ 267.84 81974 BURGESS ANDERSON & TATE $ 1125.25 81975 CANON FINANCIAL SERVICES $ 556.00 81976 LYNNE CASSELL $ 50.00 81977 CELLULAR ONE - CHICAGO $ 129.25 81978 CHUCK'S TOWING $ 25.00 81979 CLARKE ENVIRONMENTAL $ 1041.75 81980 COMED $ 9235.27 81981 COMED $ 849.61 81982 COMMUNICATIONS REVOLVING $ 425.00 81983 CONWAY SURVEYING INC PC $ 35.00 81984 CRAFT CONCRETE PRODUCTS $ 190.50 81985 CRESCENT ELECTRIC SUPPLY $ 608.71 81986 CURRAN CONTRACTING CO $ 321.30 81987 DD'S GOURMET COOKIES INC $ 21.60 81988 DECKER SUPPLY CO INC $ 87.00 81989 D & J AUTOMOTIVE SUPPLY $ 495.48 81990 EXTECH COMPANY $ 97.35 81991 FBI NAA $ 70.00 81992 GORDON FLESCH COMPANY INC $ 478.19 81993 FLOWERWOOD $ 99.00 81994 FOTO FAST $ 9.32 81995 FOXCROFT MEADOWS INC $ 605.52 81996 GEORGE P FREUND INC $ 795.57 81997 FREUND INTERNATIONAL $ 100.20 81998 WILLIAM J GITZKE D/B/A $ 256.10 81999 GENERAL PLASTICS CORP $ 100.47 82000 GERSTAD BUILDERS $ 1987.00 82001 GRANITE BUILDERS $ 1328.35 82002 DON HANSEN'S ALIGNMENT $ 85.00 82003 HARM'S FARM $ 119.90 82004 HRODEY & ASSOCIATES $ 54.00 82005 IDEAL UNIFORM SERVICE $ 108.50 82006 JEPSEN TIRE CO INC $ 12.00 82007 KAR PRODUCTS $ 400.84 82008 DANIEL E KINNERK $ 10.00 82009 K-MART STORES $ 32.97 December 11 , 1995 Page 2 GENERAL FUND (coa't) 82010 KROHN LAWN & LANDSCAPE $ 2830.00 82011 LEGAT ARCHITECTS $ 755.00 82012 LETN $ 388.00 82013 LITGEN CUTTING SUPPLY CO $ 182.60 82014 LYNN G MARTENSON $ 15.91 82015 MINUTEMAN PRESS OF MCH $ 32.00 82016 MOBILE MEDIA $ 113 .13 82017 MUNIMETRIX SYSTEMS CORP $ 1350.00 82018 MCHENRY PRINTING SERVICE $ 443.65 82019 MCHENRY COMMUNITY SCHOOL $ 2912.00 82020 MCHENRY COMMUNITY SCHOOL $ 2048.00 82021 MCHENRY STATE BANK $ 30.00 _ 82022 CINDY NELSON $ 150.00 82023 PERRY APPRAISAL SERVICE $ 500.00 82024 REILLY GRAHAM MCANDREWS & $ 5600.00 82025 RON SHUPP $ 69.95 82026 SEYFARTH SHAW FAIRWEATHER $ 11462.67 82027 RONNIE SINGER $ 165.00 82028 DEBBIE HEISLER $ 10.91 82029 NAPOLI'S PIZZA $ 30.00 82030 TRUST #4820 ELM STREET $ 30.00 Report Totals 60068.31 WATER/SEWER FUND 12232 R A ADAMS ENTERPRISES INC $ 135.00 12233 AMERICAN NATIONAL BANK & $ 1500.00 12234 AMERITECH $ 537.00 12235 BAXTER & WOODMAN $ 14748.60 12236 BERRY BEARING COMPANY $ 145.00 12237 BOTTS WELDING & TRK SERV $ 11.95 12238 BURGESS ANDERSON & TATE $ 32.53 12239 CAREY ELECTRIC $ 252.00 12240 LEROY CYNOWA D/B/A $ 175.00 12241 COMED $ 24506.92 12242 COMED $ 64.02 12243 CRESCENT ELECTRIC SUPPLY $ 131.15 12244 D'ANGELO NATURAL SPRING $ 55.80 12245 D & J AUTOMOTIVE SUPPLY $ 95.52 12246 FISHER SCIENTIFIC $ 89.96 12247 FREUND INTERNATIONAL $ 55.76 12248 GARRELTS PLUMBING $ 320.00 12249 GASVODA & ASSOCIATES INC $ 4795.00 12250 G C C ENTERPRISES INC $ 550.00 12251 GERSTAD BUILDERS $ 10.40 12252 HYCOR LIQUID/SOLID SEPARA $ 2340.00 12253 IDEAL UNIFORM SERVICE $ 105.60 12254 JEPSEN TIRE CO INC $ 60.00 12255 KTD MANUFACTURING AND $ 93.86 12256 LEACH ENTERPRISES INC $ 22.17 12257 LEWIS EQUIPMENT II $ 2.00 12258 MOBILE MEDIA $ 62.85 Report Totals 50898.09 RECREATION PROGRAMS FUND 5918 ALLSTARR IMAGE UNLIMITED $ 69.00 5919 AMER ACADEMIC SUPPLIERS $ 346.65 5920 AMERITECH $ 377.14 5921 BURGESS ANDERSON & TATE $ 93.78 5922 COLORADO TIME SYSTEMS INC $ 85.00 5923 COMED $ 359.62 5924 COMPUTERTOTS INC $ 320.00 5925 EBY-BROWN CO $ 35.40 5926 ECLIPSE TECHNOLOGIES+ INC $ 1943.75 5927 HOME OF THE SPARROW $ 30.00 5928 IPRA $ 100.00 5929 JEWEL FOOD STORES $ 18.12 5930 JONES COACH TAVEL $ 360.00 5931 MCHENRY AREA YOUTH COMM $ 339.75 5932 POWER PRODUCTIONS $ 25.45 5933 VERMONT SYSTEMS INC $ 15787.37 5934 ZION LUTHERAN CHURCH $ 365.00 5935 ANNETTE COUGHLIN $ 8.00 5936 MARY ELLEN KNACKSTEDT $ 28.00 5937 LISA PAYNE $ 8.00 5938 MARY JEAN ROOK $ 10.00 5939 ALICE SULLIVAN $ 28.00 5940 WALTER YOUNGBERG $ 28.00 Report Totals 20766.23 MOTOR FUEL TAX FUND 22000494 BAXTER & WOODMAN $ 5216.15 22000495 VIRGIL COOK & SONS INC $ 2986.06 Report Totals 8202.21 December 11, 1995 Page 3 Voting Aye: Locke, Bates, Lawson. Voting Nay: None. Absent: Baird, Bolger. Motion carried. LIQUOR LICENSE ISSUES - LIQUOR ESTABLISHMENTS EAST OF FOX RIVER At the beginning of the 1994 calendar year Council determined that the second regularly scheduled Council meeting of each month would be utilized as a working meeting to discuss relevant issues concerning development, planning and other related City matters. Mayor Cuda stated that the purpose of this evening's meeting was to consider requests made by the liquor license holders east of the Fox River to amend to the City's current liquor license ordinance allowing them to retain privileges they were granted as County liquor license holders. The license holders have asked Council to consider amending the City's liquor license regulations to: (1) Allow persons 18 and over to serve (not dispense, pour or draw) alcohol. (2) Allow liquor license establishments to open at 8:00 A.M. on Sunday. (3) Allow license holders to remain open one extra hour on the following days: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. (4) Allow license holders to continue operating the same number of mechanical amusement devices they now have (this is a zoning issue and not a liquor license issue). (5) Allow license holders to have live entertainment as part of their liquor license at no additional cost. (6) Allow owner and/or manager be resident of County. Regarding Item No. 5 - live entertainment - Cuda noted that all liquor license holders currently providing live entertainment were, as per City ordinance, appearing before the Zoning Board of Appeals and requesting a conditional use for their live entertainment. The Zoning Board of Appeals' recommendations have yet to appear before Council for consideration. It was the consensus of Council to continue to require that live entertainment be approved as a conditional use in front of the Zoning Board of Appeals and City Council. At this time Mayor Cuda explained that any changes and/or alterations Council made with regard to the east of the Fox River liquor license holders' requests would apply to all current City of McHenry liquor license holders. State Statutes require, even within annexation agreements, uniform application throughout the entire municipality. Alderman Baird arrived at 8:00 P.M. Discussion then turned to the issue of permitting 18 year olds or older to serve, although not dispense, pour or draw alcohol. Referring to the graph depicting other McHenry County municipalities' age restrictions, Cuda noted an almost even dispersement between those municipalities who allowed 18 year olds and older to serve, although not dispense, pour or draw alcohol, and those who retained the 21 year old age limit. A lengthy discussion followed including a dialogue between Council and east of the Fox River liquor licensees. The licensees stated their difficulties in employing and retaining 21 year olds in their type of food establishments. Further discussion included Council concerns regarding the identification of minors and potential problems with minors serving minors. After further discussion, it was the consensus of Council to change the existing ordinance and permit 18 year olds and older as employees of licensed premises to deliver alcohol liquor for consumption on the premises. The next issues identified for discussion were the Sunday morning opening hours, as well as the extra hours of operation on holidays. Chief Joyce stated his strong objections to any expansion of Sunday morning hours and extra hours of operation on holidays. He also clarified that the three additional days by request was only for special events. State Statute defines a special event retailer as an educational, fraternal, political, civic, religious or non-profit organization. December 11 , 1995 Page 4 Therefore, current City ordinance allows only one extra hour on New Year's Day. A lengthy discussion followed between Council and liquor licensees regarding the 10:00 A.M. Sundy opening and extra hours of operation on holidays. It was the consensus of Council to retain the 10:00 A.M. Sunday morning opening hour. Council did agree, however, to amending Section 4-22 allowing the lawful sale of alcoholic liquor in the City for one additional hour beyond the regular closing hour for New Year's Day, Thanksgiving Day, Independence Day and Memorial Day. The last item for Council consideration was the residency requirement. City Clerk Althoff stated that the issuance of a license is prohibited to persons who are not _ residents of any city, village or county in which the premises covered by the license are located. The exception to this statement is if the license holder is a partnership or corporation. A lengthy discussion followed. City Clerk Althoff was directed to contact the legal counsel of the State Liquor Commission and request further clarification of this Statute. It was noted that the liquor license holders' concerns regarding mechanical amusements is being addressed through the Zoning hearings. Motion by Lawson, to draft an ordinance amending the City's current liquor ordinance permitting persons 18 years of age and over as employees of licensed premises from serving, not dispensing, pouring or drawing alcoholic liquor for consumption on premises; and allowing the sale of alcoholic liquor in the City for one additional hour beyond the aforesaid regular closing hours on the morning of New Year's Day, Thanksgiving Day, Memorial Day and Independence Day; and subject to interpretation by the Illinois State Liquor Commission requiring residency in the County. Alderman Locke requested that each amendment be handled separately. Council concurred. The motion died for lack of a second. Motion by Baird, seconded by Lawson, to authorize stff to draft an ordinance amending the City's current liquor license ordinance allowing persons 18 years of age and over as employees of licensed restaurants to deliver and serve, not dispense, pour or draw, alcoholic liquor for consumption on the premises. Voting Aye: Baird, Lawson, Bates. Voting Nay: Locke. Absent: Bolger. Motion carried. Motion by Baird, seconded by Lawson, to authorize staff to draft an ordinance amending the City's current liquor license ordinance permitting the sale of alcoholic liquor in the City for one additional hour beyond the regular closing hours for New Year's Day, Thanksgiving Day, Memorial Day and Independence Day. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: Bolger. Motion carried. Motion by Lawson, seconded by Baird, to authorize staff to draft an ordinance -- amending the City's current liquor license ordinance permitting residency in the County, subject to clarification and interpretation by the Illinois State Liquor Commission. Some discussion followed. It was the determination of Council to postpone any motion on this specific issue until clarification was provided by the City Clerk. Alderman Baird withdrew his second. Alderman Lawson withdrew his motion. December 11 , 1995 Page 5 Mayor Cuda noted that copies of the drafted ordinances will be sent to all the east of the Fox River liquor license holders for their review, and when the ordinances appeared back on the agenda for final action, the liquor license holders will also be invited to attend that meeting. ANY AND ALL BUSINESS WHICH MAY PROPERLY COME BEFORE THE COUNCIL Mayor Cuda noted that this evening was City Administrator Peterson's last Council meeting, as he would be leaving to take a new position in Marquette, Michigan. He presented a resolution commending City Administrator Peterson for his five years of service and commitment. Motion by Locke, seconded by Baird, to pass a resolution thanking and commending City Administrator Peterson for his five years of service to the City of McHenry. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: Bolger. Motion carried. City Clerk Althoff drew Council's attention to the letter received from Bob Anderson requesting use of the Municipal Building's Council Chambers to host a Concerned Taxpayers for Integrity in Government sponsored candidates night before the March 19, 1996 Primary Election. Council directed the Clerk to contact Mr. Anderson and ask for specific dates when he would like to utilize the Municipal building's Council Chambers. EXECUTIVE SESSION Motion by Bates, seconded by Lawson, to go into Executive Session to discuss personnel matters at 9:15 P.M. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: Bolger. Motion carried. Motion by Bates, seconded by Lawson, to go back into Open Session at 9:20 P.M. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: Bolger. Motion carried. ADJOURNMENT Motion by Bates, seconded by Baird, to adjourn the meeting at 9:21 P.M. Voting Aye: Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: Bolger. Motion carried. The meeting adjourned at 9:21 P.M. f I f i _ J ITY dAAK MAYOR