HomeMy WebLinkAboutPacket - 11/11/2002 - City Council
A G E N D A
REGULAR CITY COUNCIL MEETING
Monday, November 11, 2002 7:30 P.M.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Public Input Session – 10 Minute Limitation
5. Consent Agenda:
Request to Advertise for Bids for Park Maintenance Division One-Ton Dump Truck;
City Council Minutes: 09/30/02 and 10/14/02;
Committee of the Whole Minutes: 08/06/02 and 09/10/02;
As Needed Checks for Approval.
6. Request for Fence Variance at 1807 Redwood Lane from Laurie Dee Zipnick
7. Discussion: Proposed McHenry West Bypass
8. Request for Conditional Use Permit the sale of Alcoholic Beverages for the operation
of a restaurant from John Liautaud d/b/a Cajunway, LLC, 4111 Shamrock Lane
9. Request from John Liautaud d/b/a Cajunway, LLC at 4111 Shamrock Lane for a Class
A Liquor License
10. Request for Sign Variance from McHenry Plaza Shopping Center, 1700 N. Richmond
Road
11. Proposed 2002 Tax Levy
12. McHenry County Stormwater Ordinance
13. Ordinance Amending Various Sections of the Municipal Code
14. Mayor – Statement and Reports
15. Committee Reports
16. Department Head Reports
17. New Business
18. Adjournment
Posted and Mailed: November 6, 2002
C O N S E N T A G E N D A
The Consent Agenda for the November 11, 2002 City Council meeting consists of
the following items:
Request to Advertise for Bids for Park Maintenance Division One-Ton Dump
Truck;
City Council Minutes: 09/30/02 and 10/14/02;
Committee of the Whole Minutes: 08/06/02 and 09/10/02;
As Needed Checks for Approval.
Attachments
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: John T. Lockerby, Acting City Administrator
FOR: November 11, 2002 Regular City Council Meeting
RE: Request for Class A Liquor License
Recommendation: To approve Mayor Althoff’s recommendation and grant a Class A Liquor
License for the retail sale of alcoholic liquors to Cajun Way, LLC d/b/a Snapper John’s
Restaurant at 4111 Shamrock Lane and to approve the attached Ordinance increasing the
number of class A Liquor Licenses from 24 to 25.
The Mayor received a liquor license application from John Liautaud, President of Cajun Way,
LLC, for a Class A Liquor License for the new Snapper John’s Restaurant in the Liberty
Square Development, 4111 Shamrock Lane. Mr. Liautaud plans to open the restaurant in
February 2003. A copy of the application is attached.
Mr. Liautaud is the former owner and operator of a successful restaurant in Wheeling, Illinois
and is knowledgeable of the Illinois State liquor control regulations. As a point of
information, the new staff of Snapper John’s will be required to attend BASSETT training
classes.
As required by ordinance, a city resident will be hired to manage the restaurant; however, in
the interim Mrs. Karen Liautaud will be acting restaurant manager.
All required paperwork has been submitted and reviewed, fingerprints have been taken, and
all required fees are paid.
As a result of the numerous letters received from members of Providence Baptist College in
opposition to the sale of alcoholic beverages at this establishment; the Mayor was made
aware by the Vice President of the college, Dr. Judson Mitchell, that Mr. Liautaud has been in
contact with him and that they are both working towards an amicable solution regarding the
concerns of the college.
As Liquor Control Commissioner for the City of McHenry, Mayor Althoff is recommending
the City Council approve the request for a Class A liquor license from Cajun Way, LLC d/b/a
Snapper John’s Restaurant at 4111 Shamrock Lane, subject to:
satisfactory fingerprint results;
city resident hired as local manger;
verification of valid dram shop insurance;
verification of signed lease;
authorize the Mayor’s execution of the attached ordinance increasing the number of
Class A liquor licenses from 24 to 25.
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Attach.
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Doug Maxeiner, City Administrator
FOR: November 11, 2002 Regular City Council Meeting
RE: Proposed 2002 Tax Levy
The 2002 Tax Levy request is attached for your review. Each year corporate authorities for the City
of McHenry are required to estimate the revenues required to operate the various functions of the
City. Included in the revenues are those amounts funded through the property tax. Consequently,
the City must estimate the amounts required for the property tax levy so that the funds generated
through this revenue instrument will become available during the 2003-04 fiscal year. The estimated
levy must be approved by the City Council and submitted to the County Clerk by the last Tuesday in
st
December (31).
The 2002 levy request is $3,160,171, an increase of 15.0% over the prior year’s extension of
$2,747,740. However, the actual levy extension will likely be considerably less after the County
Clerk has applied the property tax extension limitation. In the past five years, the levy extension has
grown between 5.7% and 7.8%. In March of 2003, the County Clerk will provide the limiting tax
extension and, if the City’s request has exceeded the tax extension limitation, the levy amount will
be reduced accordingly. If, on the other hand, our estimate of the levy extension is underestimated
and we do not meet the limitation figure, the City will not have the ability to levy more to make up
the difference. Therefore, it is critical that the original request is considerably higher than the
anticipated levy in order to capture all new growth in the community and all of the property tax
revenue the City is entitled to.
Since the tax levy request shows an increase of more than 5% when compared to the previous
extension, a public hearing must be held to meet the requirements of the Truth-in-Taxation law. It is
recommended that a public hearing be scheduled for December 2, 2002, at 7:30 P.M. prior to the
Regular City Council Meeting.
For your review, I have attached an historical comparison of tax rates, assessed valuations, and tax
extensions. I have also compiled a summary of the property tax levy process.
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Joseph P. Napolitano, Director, Community Development
FOR: November 11, 2002 Regular City Council Meeting
RE: Conditional Use Permit for a Restaurant Serving Alcoholic Beverages from
Cajun Way, LLC d/b/a Snapper John’s Restaurant, 4111 Shamrock Lane
Attachments: 1. Community Development Department Report
2. Application Packet
3. Planning and Zoning Commission Minutes (October 17, 2002)
4. Opposition Letters from Public
Staff Recommendation: To consider the recommendation of the Planning and Zoning
Commission and direct staff to prepare the necessary ordinance granting the requested
conditional use permit.
Background
The applicant has requested a conditional use permit to allow the sale of alcoholic beverages
as part of the operation of a seafood restaurant, in the Liberty Square Development, 4111
Shamrock Lane. There will be a seating area for customers, as well as a carryout section to
the restaurant.
The subject property is currently zoned O-1, Local Office District. A use variance was granted
at this location in 2001 allowing certain additional uses on the property including a
restaurant. However, the sale of alcoholic beverages requires a conditional use permit. The
applicant is also required to obtain a liquor license through the city’s review process.
In review of the potential land use impact of the requested conditional use permit, staff has
no additional concerns regarding the use, which is permitted by the zoning ordinance. The
attached letters were received, in opposition, from people affiliated with the nearby
Providence Baptist College regarding the sale of alcoholic beverages. It should be noted that
this use is more than 100-feet away from the college and thereby permitted by city
ordinance.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission recommended approval (6-1 vote) of the request for a
conditional use permit to serve alcoholic beverages at this location. A copy of the meeting
minutes is attached.
Staff Recommendation: It is the recommendation of staff to approve the request for a
AGENDA SUPPLEMENT
Conditional Use Permit to serve alcoholic beverages at this location.
TO: Mayor and City Council
FROM: Daniel J. Marcinko, Director, Public Works
FOR: November 11, 2002 Regular City Council Meeting
RE: McHenry County Stormwater Ordinance
Staff Recommendation: To discuss the attached Resolution recommending changes to the
McHenry County Watershed Development Ordinance and Technical Reference Manual.
Attached for City Council review and discussion is a Resolution that includes the
issues that have been identified regarding the McHenry County Stormwater
Ordinance.
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: John T. Lockerby, Acting City Administrator
FOR: November 11, 2002 Regular City Council Meeting
RE: Discussion: Olde Mill Ponds Subdivision
As the City Council is aware, staff has been working with the Olde Mill Ponds Subdivision in
an attempt to resolve specific concerns that the homeowners have regarding the subdivision
pond and rill system, and the overland drainage.
As previously reported to the City Council, in May 2002, the city received notice that Olde Mill
Ponds Homeowners Association filed a complaint for injunctive relief against Inland Real
Estate and Rubloff Excavation concerning stormwater drainage as it effects the Olde Mill
Ponds Subdivision.
In an attempt to clarify the issues and to assist towards a resolution, a meeting was arranged
between all involved parties at the Municipal Center on June 14, 2002. Representatives from
the Olde Mill Ponds Homeowners Association, Inland Real Estate, Rubloff Development,
Baxter & Woodman, Alderman Low, Mayor Althoff, and city staff attended the meeting.
A follow up meeting is scheduled on Wednesday, November 6, with representatives from the
Olde Mill Ponds Homeowners Association, Baxter & Woodman, Inc., Alderman Low, and city
staff to further discuss this matter. A report on that meeting will be provided to the City
Council in the Friday, November 8, 2002 packet.
Attached you will find a letter dated October 15, 2002 from Richard Howe, Managing Agent
for Olde Mill Ponds Homeowners Association. The association is requesting to appear
before the City Council at its November 11, 2002 meeting to discuss pending matters and the
completion of their development.
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Attach.
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: John T. Lockerby, Assistant City Administrator
FOR: November 11, 2002 City Council Meeting
RE: Presentation and Discussion: McHenry West Bypass
As per City Council request, Darrell Gavle, of Baxter and Woodman, has been invited to discuss the
proposed route of the West McHenry Bypass. Mr. Gavle will address, in more detail, specific
aspects of the selected route as well as any other concerns the City Council may have.
As the City Council will recall, Mr. Gavle attended the February 11, 2002 City Council Meeting to
discuss and obtain input regarding the proposed alignments to report back to the County
Transportation Committee and the County Highway Department. The two entities reviewed the
three alternatives as well as all input, recommendations and comments from municipalities.
Subsequently, they made a recommendation to the TACH Committee, which was unanimously
endorsed.
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As Mayor Althoff reported at the October 21 City Council meeting, both the green and magenta
routes remain on the table for consideration at the public hearing scheduled for 7:00 PM, November
21, 2002 at the McHenry Savings Bank. The magenta route was developed in response to input from
effected McHenry residents, specifically from Glacial Heights and Martin Woods subdivisions.
Below is the summary of potential impacts associated with each approved section of the route. Also
note a map of the proposed route is attached.
Section 1 indicated in yellow:
Alignment crosses Bull Valley Road at Curran Road
Greater Impact to wetland and minimizes the impact to Pacini and TCI development -
One building would be displaced.
Section 2 indicated in light green:
Uses Curran Road right-of-way
Provides at grade intersection at Route 120
Glacial Heights Subdivision impact –
One building would be displaced
Section 3 indicted in light green:
Goes west of Martin Woods
Two buildings would be displaced
Section 3 indicated in magenta:
Bridges over Ringwood
Shorter length and less costly
One building would be displaced
Grade separation at Ringwood Road
Grade crossing at McCullom Lake Road
Section 4 indicated in light green:
Grade separation at Ringwood
At grade crossing at McCullom Lake Road
Tie-in as a signalized intersection to Route 31 near Barnard Mill Road
No building displacement