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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. mmg 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. mmg 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. st 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