HomeMy WebLinkAboutMinutes - 04/15/1998 - City Council REGULAR MEETING
APRIL 15, 1998
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, April 15, 1998 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Bolger, Glab,
McClatchey, Baird. Alderman Murgatroyd arrived at 8:05 p.m. Absent: None. City
Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, Chief of
Police Joyce (arrived at 8:10 p.m.), City Attorney McArdle (arrived at 8:07 p.m.),
Director of Parks and Recreation Merkel, Director of Public Works Batt, City Planner
Maggio. Absent: Director of Community Development Napolitano.
Mayor Cuda announced, in an effort to accommodate the numerous petitioners
appearing before the McHenry City Council this evening, the Meyer Material Public
Hearing requesting annexation and zoning to allow a 117 acre expansion of their
mining operation, in addition to amendments to previous Annexation Agreements with
the City of McHenry, will be postponed until all other Agenda items have been
considered.
TEN MINUTE PUBLIC INPUT SESSION
City of McHenry Landmark Commission Member Henry Nell requested the
speedy consideration and adoption of the proposed Historic Preservation Ordinance.
Citing the arduous three-year drafting process, he requested Council urge the timely
resolution of outstanding issues and presentation of the Ordinance for Council
Consideration within the next thirty days. Responding, City Administrator Lobaito
noted the Ordinance would appear before Council prior to May 31 , 1998.
Alderman Glab requested the proposed Historic Preservation Ordinance and
corresponding Agenda Supplement be provided Council two weeks prior to its
inclusion on the Agenda as a regularly scheduled Council Meeting item.
CONSENT AGENDA
Alderman Glab requested Item #2, Wonder Lake Water Ski Show Team's
request for use of Petersen Park for a Haunted Hayride on October 17,23, 24, 30 and
31 , 1998 be removed.
Motion by Glab, seconded by McClatchey, to approve the Consent Agenda
subject to the removal of Item #2 Wonder Lake Water Ski Show Team's request for
use of Petersen Park for a Haunted Hayride on October 17, 23, 24, 30, and 31 , 1998,
sending this item to the Parks and Recreation Committee for further review and
recommendation:
Voting Aye: Glab, McClatchey.
Voting Nay: Bolger, Baird, Cuda.
Absent: Murgatroyd.
Motion failed.
Motion by Baird, seconded by McClatchey, to approve the Consent Agenda
subject to the removal of Item #2 Wonder Lake Water Ski Show Team's request for
use of Petersen Park for a Haunted Hayride on October 17, 23, 24, 30, and 31 , 1998,
for separate discussion this evening.
1. April 1, 1998 Regular City Council Meeting Minutes;
2. Request by Wonder Lake Ski Show Team for Use of Petersen Park for
Haunted Hayride on October 17, 23, 24, 30, and 31, 1998;
3. Request for Connection to Alarm Board - Elizabeth's House of Charm,
3424 W. Elm Street;
4. Consideration of Co-Sponsorship in Beautify McHenry Campaign;
5. Payment to Police Officers under Career Development Program as
follows:
Officer Thomas Beyer Police Officer I $ 500.00
Officer Robert Lumber Police Officer I $ 500.00
Officer Thomas O'Meara Police Officer I $ 500.00
Officer Daniel Kreassig Police Officer II $ 750.00
Officer Jeffery Foerster Police Officer III $ 1, 000.00
Officer James Molnar Police Officer III $ 1, 000.00
6. Payment of Semi-Annual Interest Payments on Series 1997A and 1997B
General Obligation Bonds, and 1993 Water Sewer Revenue Bonds;
7. Lists of "As-Needed Checks" :
April 15, 1998 Page 2
LIST #1:
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
89084 INSURANCE CLAIMS ACCOUNT $ 74966.59
89085 AMERICAN HEART ASSOC $ 20.00
89086 IAEI $ 90.00
89087 FIRST NAT'L BANK OF MCH $ 150000.00
89088 ILLINOIS STATE POLICE $ 38.00
89089 MCHENRY COUNTY RECORDER $ 160.00
89090 CAPITAL DEVELOPMENT $ 52777.00
89091 WATER/SEWER FUND $ 8095.00
89092 INSURANCE CLAIMS ACCOUNT $ 28562 .11
89093 ILLINOIS MUNICIPAL $ 28860.29
89094 MCHENRY POLICE OFFICERS $ 700.00
89095 MCHENRY POLICE OFFICERS $ 469.20
89096 UNITED WAY $ 364.00
89097 TEAMSTERS LOCAL 301 $ 2592.00
89098 INSURANCE CLAIMS ACCOUNT $ 1409.99
Report Totals 349104.18
WATER SEWER FUND:
CHECK# VENDOR NAME AMOUNT
14273 FIRST NAT'L BANK OF MCH $ 37361.33
14274 POSTMASTER MCHENRY IL $ 197.28
14275 GENERAL FUND $ 375000.00
14276 GENERAL FUND $ 100000.00
Report Totals 512558.61
LIST #2:
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
89099 NWBOCA $ 24.00
89100 ROBERT G PETERSEN $ 6066.40
89101 CAPITAL DEVELOPMENT $ 320000.00
89164 PAYROLL ACCOUNT $ 114175.02
89165 CLERK OF THE CIRCUIT $ 110.00
89166 FLEX TRUST ACCOUNT $ 1810.01
89167 ICMA RETIREMENT TRUST-457 $ 4700.12
89168 NACO CLEARING ACCOUNT $ 863.46
89169 ILLINOIS DEPT OF REVENUE $ 4630.02
89170 POLICE PENSION FUND $ 5273 .62
89171 PAYROLL ACCOUNT $ 162.06 _
89172 AFLAC $ 1403.70
89173 NCPERS GROUP LIFE INS $ 177.00
89174 HEALTH PLAN MANAGEMENT $ 11762.98
89175 SECRETARY OF STATE $ 48.00
89176 SLOPPY T'S $ 50.00
89177 POLICE PENSION FUND $ 3791.39
89178 BOND AND INTEREST $ 27605.00
89179 BOND RESERVE FUND $ 5175.00
89180 FIRST NAT'L BANK OF MCH $ 300000.00
89181 FIRST NAT'L BANK OF MCH $ 400000.00
Report Totals 1207827.78
WATER SEWER FUND:
CHECK# VENDOR NAME AMOUNT
14277 RETIREMENT FUND $ 9025.00
14278 GENERAL FUND $ 25646.92
14293 HENRY BOYSEN COMPANY $ 6630.00
14294 JOSEPH J HENDERSON & SON $ 320301.16
14295 EMPLOYEE INSURANCE $ 5250.00
Report Totals 366853.08
8. List of Bills.
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
89192 A-ABLE ALARM SERVICE INC $ 146.75
89193 BJORKMAN'S ACE HARDWARE $ 651.17
89194 ADAMS STEEL SERVICE INC $ 98.97
89195 R A ADAMS ENTERPRISES INC $ 318.38
89196 ALEXANDER LUMBER CO $ 95.30
89197 AMERICAN RED CROSS $ 543.40
89198 AMERITECH $ 381.49
89199 AMERITECH CREDIT CORP $ 1259.46
89200 ARCH $ 150.87
89201 ARROW UNIFORM RENTAL INC $ 174.24
89202 ARROW ROAD CONST CO $ 315.00
89203 ALICE ARNET $ 12.44
89204 AUTO TECH CENTERS INC $ 136.88
89205 BARTER & WOODMAN $ 3626.05
89206 BOTTS WELDING & TRK SERV $ 85.12
89207 PHILLIP E BRADY & ASSOC $ 735.00
89208 BUILDING OFFICIALS AND $ 25.00
89209 BUNCH DISTRIBUTING INC $ 86.25
89210 BURNS INDUSTRIAL SUPPLY $ 73.60
89211 BUSS FORD SALES $ 394.43
89212 CENTEGRA OCCUPATIONAL $ 299.45
89213 CHAPEL HILL FLORIST INC $ 33.50
April 15, 1998 Page 3
89214 COMPUTER MGMT SERVICES $ 3000.00
89215 COMPUTERTOTS INC $ 94.00
89216 CRAFT CONCRETE PRODUCTS $ 394.00
89217 CRYSTAL MANOR STABLE $ 1035.00
89218 CUSTOM SPORTS $ 90.60
89219 ROBERT G DAWDY $ 20.00
89220 D & J AUTOMOTIVE SUPPLY $ 418.89
89221 FISCHER BROS FRESH $ 310.00
89222 FOTO FAST $ 14.75
89223 FOXCROFT MEADOWS INC $ 121.00
89224 GEORGE P FREUND INC $ 289.28
89225 WILLIAM J GITZKE D/B/A $ 100.10
89226 GERSTAD BUILDERS $ 30.00
89227 JASON GLOEDE $ 223 .20
89228 GROWER EQUIPMENT & SUPPLY $ 7.05
89229 IPRA $ 55.00
89230 JEPSEN TIRE ZMT INC $ 196.00
89231 JOHN T SNELL $ 36.00
89232 JOHN JONES $ 20.62
89233 KAR PRODUCTS $ 388.74
89234 KDS TECH SERVICES INC $ 366.30
89235 GARY LANG PONTIAC- $ 98.50
89236 LEACH ENTERPRISES INC $ 299.33
89237 KATHLEEN M LEONARD $ 19.39
89238 LIBERTY FLAG & SPECIALTY $ 76.95
89239 LOCKER'S FLOWERS $ 154.00
89240 MAIN PAINT & DECORATING $ 643.57
89241 LORENE MARCINEK $ 81.94
89242 ANDY WALTER $ 68.57
89243 MINUTEMAN PRESS OF MCH $ 411.55
89244 MTS SAFETY PRODUCTS INC $ 66.42
89245 MCANDREW & CUNABAUGH $ 5600.00
89246 MCCANN POWER & EQUIPMENT $ 48.48
89247 MCHENRY AUTO PARTS $ 1352.48
89248 MCHENRY COUNTY SUPPLY INC $ 88.20
89249 MCHENRY LUMBER $ 241.44
89250 MCHENRY PAINT GLASS & $ 6.69
89251 MCHENRY FIRESTONE $ 252.00
89252 MCHENRY FAVORITE SPORT CT $ 39.90
89253 MCHENRY PUBLIC LIBRARY $ 1734.05
89254 MCHENRY ROTARY CLUB $ 210.07
89255 MCHENRY COMMUNITY SCHOOL $ 4932.00
89256 MCHENRY COMMUNITY HIGH $ 3476.00
89257 MCI TELECOMMUNICATIONS $ 160.02
89258 NORTHWEST AUTO ELECTRIC $ 130.00
89259 NORTHWEST ELECTRICAL $ 2208.58
89260 NORTHWEST HERALD $ 914.54
89261 OAKS MARATHON $ 4.00
89262 PETALS & STEMS $ 82.00
89263 PITNEY BOWES $ 536.00
89264 PRECISION SHARPENING & $ 33.50
89265 PRIME COMMERCIAL CORP $ 30.00
89266 KATHLEEN QUICK $ 35.92
89267 RADIO SHACK $ 21.48
89268 R & N TRUCKING INC $ 300.00
89269 H W ROWE $ 1225.00
89270 R & S DISTRIBUTORS INC $ 105.80
89271 SELECT BEVERAGES INC $ 102.00
89272 SHERMAN MECHANICAL INC $ 112.75
89273 SMITH ENGINEERING CONSULT $ 270.00
89274 STANS OFFICE MACHINES INC $ 466.66
89275 TERMINAL SUPPLY CO $ 60.23
89276 TRANE CHICAGO BUILDING $ 293 .50
89277 UNITED PARCEL SERVICE $ 108.12
89278 UPHOLSTER PLUS $ 40.00
89279 U S FILTER LAKE BLUFF $ 528.25
89280 USA BLUE BOOK $ 24.39
89281 WAL-MART STORES INC $ 394.82
89282 WARNING LITES OF ILLINOIS $ 322.16
89283 WATER WORKS INC $ 100.00
89284 WATERTOWER MARINA INC $ 129.99
89285 WEARGUARD $ 135.76
89286 WHOLESALE DIRECT INC $ 130.77
89287 WOLF CAMERA & VIDEO $ 245.13
89288 ZUKOWSKI ROGERS FLOOD & $ 9231.25
89289 CONDON, GERI $ 36.00
89290 HARSHMAN, BERNARDINE $ 194.10
89291 KASPER, DONNA $ 12.00
89292 LANCASTER, KIMBERLY $ 30.00
89293 NASKRENT, JEFF $ 40.00
89294 PEPPER CONSTRUCTION CO $ 30.00
89295 SCHAVEY, HELEN $ 47.00
89296 SEARS HARDWARE $ 30.00
89297 STEFFAN'S JEWELERS INC $ 13.50
89298 U S IDENTIFICATION MANUAL $ 72.50
89299 WEGENER, KAREN $ 6.00
89300 WHEELER, KAREN L $ 6.25
Report Totals 55754.78
April 15, 1998 Page 4
WATER SEWER FUND:
CHECK# VENDOR NAME AMOUNT
14299 BJORKMAN'S ACE HARDWARE $ 425.55
14300 AMERITECH $ 534.86
14301 AMERITECH CREDIT CORP $ 117.54
14302 AQUAPREP $ 5039.64
14303 ARCH $ 83.82
14304 ARROW UNIFORM RENTAL INC $ 257.40
14305 BAXTER & WOODMAN $ 30350.60
14306 BOTTS WELDING & TRK SERV $ 30.35
14307 D'ANGELO NATURAL SPRING $ 60.15
14308 D & J AUTOMOTIVE SUPPLY $ 14.61
14309 DAN DUFFY $ 68.12
14310 GARY GOUGH $ 199.58
14311 GUNDERSON & MARTIN $ 72.50
14312 MEYER MATERIAL COMPANY $ 68.78
14313 MID AMERICAN WATER $ 156.80
14314 MCHENRY ANALYTICAL WATER $ 30.00
14315 MCHENRY AUTO PARTS $ 149.46
14316 MCHENRY ELECTRIC CO INC $ 538.49
14317 MCI TELECOMMUNICATIONS $ 8.70
14318 NCL OF WISCONSIN INC $ 367.72
14319 NORTHWEST ELECTRICAL $ 107.20
14320 PETERSEN SAND & GRAVEL $ 56.52
14321 PIONEER PLUMBING SUPPLY $ 21.95
14322 ROWELL CHEMICAL CORP $ 4210.00
14323 SARTORIUS CORPORATION $ 85.00
14324 SHERMAN MECHANICAL INC $ 205.46
14325 U S FILTER LAKE BLUFF $ 588.20
14326 VAL-MATIC VALVE & MFG $ 328.54
14327 WOODLAND RECYCLING & $ 3802.50
Report Totals 47980.04
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
Some discussion followed. Alderman Glab expressed his concerns with regard
to the impact this event may have on the City Park. He also noted the Wonder Lake _
Water Ski Club's headquarters as well as many of its members, are located outside
the corporate limits of the City of McHenry. In response to Alderman Baird's inquiry,
Director of Parks and Recreation Merkel informed Council the event held last year
during the same time period, caused very little negative impact on the park. In
response Alderman Glab stated City residents via property taxes pay for the park
maintenance and improvements. Staff noted the Wonder Lake Water Ski Club handled
the area's cleanup in 1997 in a manner acceptable to Staff.
Motion by McClatchey, seconded by Baird, to approve the Wonder Lake Water
Ski Show Team's request for use of Petersen Park for a Haunted Hayride event on
October 17, 23, 24, 30 and 31 , 1998, waiving, because of the organization's not-for-
profit status, all associated park and sign fees, as well as permitting six advertisement
signs placed throughout the community during the month of October, subject to site
approval by the Community Development Director.
Voting Aye: Bolger, McClatchey, Baird.
Voting Nay: Glab.
Absent: Murgatroyd.
Motion carried.
RATIFICATION OF MCPOA, UNIT II COLLECTIVE BARGAINING CONTRACT _
City Administrator Lobaito reported, after eighteen months of negotiations, a
collective bargaining agreement between the City of McHenry and McHenry Police
Officers Association Civil Bargaining Unit II has been completed. The Agreement
covers a period of time from April 15, 1998 through April 30, 1999, with a retroactive
salary increase to May 1 , 1997. The formal execution, subject to Council's approval
this evening, will take place on Friday, April 17, 1998, at 7:45 a.m. in the Mayor's
Office at the Municipal Building. City Administrator Lobaito highlighted provisions in
the new Agreement granting rights and conditions of employment which are not
otherwise currently in effect. City Administrator Lobaito also noted a side agreement
to be executed in conjunction with the Collective Bargaining Agreement, existed. He
explained near the end of the negotiation process, it became apparent there were two
matters which were best left out of this Collective Bargaining Agreement, but which
needed to be addressed during the negotiations of the next contract. The first of
April 15, 1998 Page 5
these issues relates to the process by which employees can bid for vacation leave;
and the second issue relates to the 6-3 work schedule.
Motion by Baird, seconded by Bolger, to approve the Collective Bargaining
Agreement as presented between the City of McHenry and McHenry Police Officer's
Association Civil Bargaining Unit II, and authorize the Mayor and City Clerk's execution
of the Agreement, as well as the Letter of Understanding which addresses vacation
leave and a 6-3 work schedule.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent; Murgatroyd.
Motion carried.
REQUEST FOR EXPANSION OF CONDITIONAL USE - DISTRICT 15
McHenry Elementary School District 15 Superintendent D. William Dodds was
in attendance. City Administrator Lobaito explained Elementary School District 15 is
interested in purchasing property located at 3606 West John Street for a parking lot
addition and future expansion of their administrative offices. The proposed parking
would be located immediately south of and adjacent to Elementary School District 15's
current Administrative Offices lot. No additional access is being requested, and
landscape screening would be planted on the north, south and west borders, to screen
the parking lot from adjacent residential lots. Initially, the property would be rented
to assist in covering the cost of the purchase. However, Elementary District 15
proposes to utilize this home for future office expansion.
As City of McHenry Zoning Ordinance permits Council to authorize an expansion
to an existing Conditional Use without a public hearing or action by the Zoning Board
of Appeals. Elementary School District 15 received a Conditional Use Permit in
December of 1994 for their main offices at 101 1 North Green Street, as well as a
Conditional Use Permit to expand their offices to 1007 North Green Street in October
of 1997. Elementary School District 15 is requesting Council approve the expansion
of their current Conditional Use expanding their offices to 3606 West John Street.
Citing the potential impact the expansion of the parking lot and school administrative
offices may have on the residential neighborhood, Staff is recommending the
Petitioners be required to initiate the normal Zoning Board of Appeals process requiring
a public hearing of the request, as well as formal notification to the adjacent property
owners. Some discussion followed.
Motion by Baird, seconded by Glab, to require the Petitioners, Elementary
School District 15, initiate the Zoning Board of Appeals process to extend their current
Conditional Use permitting the expansion of parking facilities, and school
administrative offices, to 3606 West John Street, waiving all associated fees, except
Retained Personnel costs.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
REQUEST FOR RE-ZONING AND VARIANCE - MCHENRY STATE BANK TRUST
#13049 - EDWARD DONAHUE
Petitioner Edward Donahue and his Attorney, Andrew Szocka, were in
attendance. Mr. Szocka addressed Council requesting Council approval of the re-
zoning from RS-3 to C-3 Community Commercial Zoning District and the granting of
a variance to the side yard building setbacks at 503 North Front Street, permitting the
conversion of an existing single family residence, to law offices. City Planner Maggio
explained the proposed re-zoning is appropriate for this property because of its
location on a major transportation corridor, and the existence of nearby commercial
properties. He also noted the proposed re-zoning is consistent with the existing and
planned zoning for the west side of Front Street as identified on the City of McHenry's
current Comprehensive Plan. A minimum of five parking spaces is required for this
property in addition to a residential screening strip along the north and south property
lines which are adjacent to residential properties. The Petitioner has provided the Site
April 15, 1998 Page 6
Plan with the required number of parking spaces located south of the existing
driveway. In response to the screening requirement, the Petitioner has stated a four
foot hedge will be planted along the north and south property lines. The side yard
setback variance is requested as the standard side yard setback in the C-3 Community
Commercial District is ten feet. As the properties located to the north of the property
in question are currently zoned residential, the minimum setback is twenty-five feet.
The lot is only 67 feet wide, and the strict application of the zoning ordinance would
effectively prohibit the transition from residential to commercial that is planned for this
area. City Planner Maggio noted the variance would not apply to any new
construction that may occur on the property. The Petitioner's Attorney, Mr. Szocka,
informed Council the Zoning Board of Appeals at their May 16, 1998 meeting
unanimously recommended approval of the re-zoning and variance.
Motion by Glab, seconded by Bolger, to accept the unanimous recommendation
of the Zoning Board of Appeals and pass an Ordinance re-zoning the property located
at 503 North Front Street from RS-3 Medium High Density Single Family Residential
to C-3 Community Commercial District and to grant a variance to permit a side yard
setback of 9.57 feet to the north and 9.42 feet to the south, as opposed to the
ordinance requirement of twenty-five feet minimum adjacent to a residential district,
subject to a five foot screening strip along the north and south property line, and a
minimum of five parking spaces.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay; None.
Absent: Murgatroyd.
Motion carried.
RECOMMENDATION FOR HIRING ARCHITECTURAL FIRM - RECREATION CENTER
Proposals were sought from the following three architectural firms for the
development of the Recreation Center Concept Plan:
1 . Burnidge Castel Associates
2. Sente and Rubel Architects
3. Williams Associates Architects, Ltd.
The three proposals were reviewed by Staff and again by the Parks and
Recreation Committee at their March 25, 1998 Committee Meeting. It is the
unanimous recommendation of the Parks and Recreation Committee as well as Staff
to enter into a contract with the architectural firm of Sente and Rubel Architects, for
the development of a Recreation Center Concept Plan.
Alderman Bolger expressed his concerns with this specific expenditure stating
his preference to spend these monies on much needed infrastructure improvements.
Director Merkel stated these services were needed as Recreation Center operating
expenses will be determined for future Recreation Center feasibility studies.
Motion by Baird, seconded by Glab, to authorize the execution of an agreement
with the architectural firm of Sente and Rubel Architects of Northbrook, Illinois, to
develop a Recreation Center Concept Plan providing all the services enumerated in the
City of McHenry's proposal in an amount not-to-exceed $4,925.
Voting Aye: Glab, McClatchey, Baird.
Voting Nay: Bolger.
Absent: Murgatroyd.
Motion carried.
SIGN VARIANCE REQUEST - GERSTAD BUILDERS
Petitioners Roger Gerstad and David Backhaus were in attendance. City
Administrator Lobaito stated Council at its regularly scheduled March 18, 1998
meeting considered a request by Roger Gerstad to grant a variance to allow two
temporary signs for the Boone Creek Subdivision. In addition, the current status of
an existing off-site sign located at the intersection of Route 120 and Crystal Lake Road
was discussed. Mr. Gerstad's request was deferred to the April 15, 1998 regularly
scheduled Council Meeting in order to research his contention the existing Route 120
and Crystal Lake road sign was permitted under the terms of the original Annexation
April 15, 1998 Page 7
Agreement whose life was extended to 2006 by the Annexation Agreement
Amendment of 1992. City Administrator Lobaito stated Mr. Gerstad's request for a
sign variance to allow two temporary signs for the Boone Creek Subdivision remains
the same. After much research City Staff, with City Attorney concurrence, has
determined the Amended Annexation Agreement approved in 1992 replaced in whole
the original Annexation Agreement. City Attorney McArdle opined there is no
language in the Amended Annexation Agreement or in the Ordinance authorizing the
Amended Annexation Agreement stating any section of the Original Annexation
Agreement should be unaffected by the Amended Annexation Agreement. Some
discussion followed.
Aldermen Baird, Glab, and McClatchey, stated their support of a temporary sign
to be located at the Boone Creek Subdivision entrance on Curran Road. Alderman
Baird stated his strong opposition to the off-site sign to be located at the northwest
corner of the intersection of Bull Valley and Crystal Lake Roads. Aldermen Bolger and
Glab stated their support of the off-site temporary sign to be located at the northwest
corner of the intersection of Bull Valley and Crystal Lake Roads for a period of one
year and subject to future extensions by the City Council.
Motion by Bolger, to grant the sign variance requested by Roger Gerstad for the
Boone Creek Subdivision subject to the following conditions:
1 . Height shall not exceed fifteen feet;
2. The on-site sign shall be located 80 feet from the centerline of Curran
Road, and 200 feet north of Dartmoor Drive;
3. The off-site sign shall be located 70 feet from the Crystal Lake/Bull
Valley Road intersection;
4. The sign shall be removed if not maintained, or if determined to be a
traffic hazard;
5. The on-site sign shall be allowed to remain until the last building permit
is issued for a new home
6. The off-site sign shall be allowed to remain for a period of one year,
subject to future extensions by the City Council.
Motion died for lack of a second.
In response to an inquiry by Alderman Baird, City Administrator Lobaito opined
any sign located on the northwest corner of Bull Valley and Crystal Lake Roads
advertising single family residential homes located off Curran Road would be
considered off-site advertising, even though the property is being developed as a joint
venture between Mr. Roger Gerstad and Mr. David Backhaus.
Motion by Baird, seconded by McClatchey, to grant a sign variance to allow a
temporary sign for the Boone Creek Subdivision, located 80 feet from the centerline
of Curran Road and 200 feet north of Dartmoor Drive, on-site, subject to the
following conditions:
1 . Height shall not exceed 15 feet;
2. The sign shall be removed if not maintained or if determined to be a
traffic hazard;
3. The sign shall be allowed to remain until the last building permit is issued
for a new home.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
April 15, 1998 Page 8
Motion by Baird, seconded by McClatchey, to deny the sign variance permitting
a temporary off-site sign for the Boone Creek Subdivision at the Crystal Lake and Bull
Valley Road intersection.
Voting Aye: McClatchey, Baird.
Voting Nay: Bolger, Glab, Cuda.
Absent: Murgatroyd.
Motion failed.
Alderman Glab stated his only objection to the off-site sign was its size, not its _
placement.
Mayor Cuda noted one off-site advertising sign was permitted for both
Windsor's Park Ridge Subdivision and D.R. Horton's Olde Mill Ponds Subdivision.
Alderman Murgatroyd arrived at 8:05 p.m. Some further discussion followed.
Motion by Glab, seconded by McClatchey, to grant a sign code variance
permitting a temporary off-site sign for the Boone Creek Subdivision, subject to the
following conditions:
1 . The off-site sign shall be located 70 feet from the Crystal Lake and Bull
Valley Road intersection;
2. The total sign size shall not exceed 100 square feet;
3. The sign shall be removed if not maintained or if determined to be a
traffic hazard;
4. The sign shall be allowed to remain for a period of one year subject to
future extensions by the City Council.
Voting Aye: Bolger, Glab.
Voting Nay: McClatchey, Murgatroyd, Baird. _
Absent: None.
Motion failed.
Motion by Baird, seconded by McClatchey, to deny the sign variance permitting
a temporary off-site sign for the Boone Creek Subdivision at the Crystal Lake and Bull
Valley Road intersection.
Voting Aye: McClatchey, Murgatroyd, Baird.
Voting Nay: Bolger, Glab.
Absent: None.
Motion carried.
SIGN VARIANCE REQUEST - D.R. HORTON
D.R. Horton Sales Manager Jim Morrison was in attendance.
City Attorney McArdle arrived at 8:07 p.m.
Mr. Morrison, noting lot sales have decreased substantially in the past few
months, stated D.R. Horton Custom Homes, is requesting Council approval of a sign
code variance permitting an off-site temporary sign to be located on the southeast
corner of the intersection of Bull Valley and Crystal Lake Roads. A letter granting —
permission from the property owner, Inland Real Estate Development Corporation, has
also been submitted. The proposed sign would be ten feet by ten feet, or 100 square
feet, and fifteen feet in height. The sign would be installed in compliance with the
City's setback requirements and run for a period of one year, subject to renewal by
the City Council.
Chief of Police Joyce arrived at 8:10 p.m.
Aldermen Glab and Baird, noting the time and effort recently spent by the
Community Development Committee and Council amending the City's sign ordinance,
expressed their concern and objection to granting numerous sign variances.
April 15, 1998 Page 9
Motion by Baird, seconded by Glab, to deny D.R. Horton's Custom Homes
request for a sign code variance permitting a temporary sign to be located at the
southeast corner of the intersection of Crystal Lake and Bull Valley Roads.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
RECOMMENDATION TO CONTRACT WITH CONSERVATION SERVICES INC. TO
ASSIST IN GRANT PREPARATION FOR PETERSEN FARM PROPERTY
Director of Parks and Recreation Merkel reminded Council the City of McHenry
is seeking grant funds from the Illinois Department of Natural Resources for the
purchase of the Petersen Farm Property. An application for land acquisition funds
must be submitted by July 1 , 1998 to be considered for funding in the 1998-1999
grant cycle. Director Merkel noted the last three grants the City of McHenry has
received from the Illinois Department of Natural Resources have been prepared by Ken
Fiske, President of Conservation Services, Inc. of Woodstock, Illinois. Director Merkel
also noted it was the unanimous recommendation of the Parks and Recreation
Committee to award a contract to Conservation Services, Inc. to assist in the
preparation of the Illinois Department of Natural Resources land acquisition grant for
the purchase of the Petersen Farm Property at a cost not-to-exceed $2,000.
In response to Council inquiry, Alderman McClatchey enumerated the following
three grants awarded the City of McHenry with Mr. Fiske's assistance:
• The Hickory Creek Farm Property purchase;
• Development of the South Riverfront Park;
• Development of Brookside Park.
Motion by McClatchey, seconded by Baird, to authorize the Mayor's executive
of a contract with Conservation Services, Inc. of Woodstock, Illinois, to assist the City
of McHenry in the preparation of the Illinois Department of Natural Resources grant
for the purchase of the Petersen Farm Property at a cost not-to-exceed $2,000.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
RATIFICATION OF 1998-1999 NISRA BUDGET
Director of Parks and Recreation Merkel informed Council the City of McHenry
annually reviews the Northern Illinois Special Recreation Association's Budget for
approval. The Association Bylaws require two-thirds of the member districts'
governing bodies to approve the Budget for ratification. Director Merkel also reminded
Council the Village of Barrington, a NISRA participant, has formally notified the NISRA
Board of its intentions to withdraw from the Association prior to the beginning of the
next Fiscal Year. NISRA Executive Director Brain Shahinian has offered to address the
McHenry City Council providing a breakdown of services and the percentage of
McHenry residents utilizing these services. It was also noted McHenry's dues increase
was approximately $3,500 more in 1998-1999 than in 1997-1998.
Motion by Baird, seconded by Glab, to approve the 1998-1999 Budget for the
Northern Illinois Special Recreation Association as presented.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported he and City Administrator Lobaito had met with
representatives from the Huntersville Subdivision, located east of the Fox River, west
of Lincoln Road. The property owners were interested in annexing to the City of
April 15, 1998 Page 10
McHenry to obtain sanitary sewer service. The Huntersville Subdivision
representatives were interested in obtaining cost estimates, whether done by Special
Assessment or a designated Special Service Area. Mayor Cuda requested Council
concurrence to direct City Administrator Lobaito to obtain cost estimates with financial
advisor Harold Warren, of Warren Associates. A town meeting with Huntersville
Subdivision property owners can be scheduled after these figures are developed.
Council concurred. Alderman Glab requested these figures be provided to Council
prior to the town meeting.
COMMITTEE REPORTS
Community Development Committee Chairman Alderman McClatchey scheduled
a Community Development Committee meeting for Wednesday, April 29, 1998, at
6:30 p.m. in the Aldermen's Conference Room. The Committee will be reviewing the
development of a City Annexation Policy with regard to commercial and industrial
properties as well as the possible amendment to the City's current Animal Control
Ordinance. Community Development Chairman Alderman McClatchey, citing time
constraints, informed Council the Tobacco Ordinance draft will be sent directly to
Council for review and comment as opposed to returning to the Community
Development Committee. He is proposing the Ordinance be reviewed and passed by
Council prior to the school year's end on June 4, 1998.
Finance Committee Chairman Alderman Murgatroyd scheduled a Finance
Committee Meeting for Monday, April 27, 1998 at 7:00 p.m. to finalize 1998-1999
budget figures.
STAFF REPORTS
Director of Public Works Batt reported no bids were received for the Green
Street Revitalization improvements. He stated further Council direction will be sought
with regard to this issue at the next regularly scheduled Council Meeting on April 22,
1998.
City Clerk Althoff informed Council Dan Curran, Attorney for the Pacini family,
who are requesting the rezoning of twenty acres of property located on the north side
of Bull Valley Road, adjacent to the Metra tracks has invited the Mayor and all the
Aldermen to attend an informal informational meeting with adjacent property owners
to discuss their proposed townhome development. In accordance with the Open
Meetings Act, this meeting has been posted. The meeting will be held at Church of
Holy Apostles on Wednesday, April 29, 1998 at 7:00 p.m.
Mayor Cuda called a recess at 8:23 p.m.
The meeting was reconvened at 8:30 with full Council, City Administrator
Lobaito, City Clerk Althoff, City Attorney McArdle, and City Planner Maggio in
attendance. Chief of Police Joyce, Director of Public Works Batt and Director of Parks
and Recreation Merkel were excused from the balance of the meeting.
PUBLIC HEARING - MEYER MATERIAL ANNEXATION AND RE-ZONING REQUEST
Mayor Cuda opened the Public Hearing on the proposed Meyer Material
Company Annexation, and Amendments to previous Annexation Agreements with
Meyer Material Company and Zoning changes, to permit a 117 acre expansion of the
Meyer Material mining operation in McHenry, Illinois, at 8:30 p.m. —
Meyer Material Company representatives Allen Miller and Steve Warnke,
Attorney for the Petitioners Tom Rausch, of Campion, Curran, Rausch, Gummerson
and Dunlap, and engineering representative Donald Palmer of Smith Engineering, were
in attendance.
City Administrator Lobaito informed Council the Petitioners are requesting
annexation of 117 acres of property located immediately west of their current mining
operation. A zoning classification of RS-1 Single Family Residential District with an
A-M Agricultural Mining Overlay District, a Conditional Use Permit to allow a gravel
mining operation, and a Variance to extend the ten year limitation for the Conditional
Use for gravel mining operations to the year 2018. In addition, the Petitioners are
April 15, 1998 Page 11
requesting a Variance to the ten year limitation for Conditional Uses to allow an
automatic extension of the existing Conditional Use Permit for the 409 acres located
within the corporate boundaries of the City of McHenry, currently being mined by
Meyer Material, from its current expiration date of May 4, 2008 to May 4, 2018,
provided there are no substantial or recurring violations of the terms of the Annexation
Agreement or of federal or state mining environmental and reclamation laws and
regulations, or of the City of McHenry's Zoning Ordinance. City Administrator Lobaito
noted this variance is being requested to allow an extension of the existing Conditional
Use Permit for these 409 acres so that the term will run concurrently with the
Conditional Use Permit requested for the 117 acres seeking annexation.
As the variance parcels that make up the existing 409 acre Meyer Material
operation are subject to separate Annexation Agreements which have been amended
or modified 16 times over a period of 22 years, City Staff incorporated clarifying
language with regard to the terms and conditions for the existing 409 acre Meyer
Material operation in the proposed Annexation Agreement for the 117 acre parcel.
The main provisions include:
• Page 4, Paragraph 6: The customary annexation fee of $1,000 per acre must be paid if the 1 17-acre
annexation parcel (Parcel E) is not mined.
• Page 5, Paragraph 7: The fee per ton schedule in this paragraph is unchanged from the previous
agreement. However, language has been included at the request of Meyer Material that clarifies the
method in which the fee per ton is increased. The next payment from Meyer Material is due on May
1, 1998, and will be based on a rate of 3 cents per ton.
• Page 6, Paragraph 8: The fee in this paragraph will apply to the material mined from Parcel E,the 1 17-
acre annexation parcel. The 3.75 cents per ton rate is unchanged from the 1990 annexation
agreement, when Parcel D was added to the operation. This fee would be collected for the next 5
years because Parcel E will be mined first, as indicated in the "Overall Mining Plan" in the McHenry -
West Operation plan.
• Page 7, Paragraphs 9: As part of the current request, the mining sequence is being changed to insert
the 1 17-acre parcel. The new sequence is depicted in the "Overall Mining Plan" in the McHenry -
West Operation Addition plans.
• Page 7, Paragraph 1 1: This section would help the City ensure that the stormwater release rate from
this property is not increased from the current conditions.
• Page 7, Paragraph 12: The requirement that the upper 18 feet of the wash plant be enclosed was
agreed to as part of the change in the overall mining plan that was approved in 1996.
• Page 8, Paragraph 13: This paragraph is intended to restate the requirements of Chapter XIII of the
Zoning Ordinance (Page 334), and acknowledge that the exterior boundaries of the 117-acre
annexation parcel will be fully bermed and landscaped.
• Page 9, Paragraph 16: This paragraph has been added to ensure payment of regular developer
donations prior to any residential development of this property. The donation amounts are based on
those approved for Olde Mill Ponds.
Petitioner Allen Miller addressed Council. Mr. Miller informed Council there would
be no processing equipment located on the proposed 117 acre annexation parcel. All
processing would be done on the existing pit's 409 acre site. The processing plant
is slated to be moved further west by August of 1998, in accordance with the terms
of the 1988 Annexation Agreement. Mr. Miller also stated there would be no
additional points of ingress or egress on Route 120 or Ridge Road. He stated the
addition of the proposed 117 acre annexation parcel would not increase machinery,
truck traffic or the number of employees. The 117 acre parcel would only lengthen
Meyer Material Company's operational time frame from the year 2008 to the year
2018. The anticipated time of mining the 117 acre parcel is between five and seven
years. Mr. Miller stated the proposed 117 acre annexation parcel would be mined
first, then mining would return to the existing property.
Attorney for the Petitioner Thomas Rausch noted the Zoning Board of Appeals
at their February 23, 1998 hearing recommended approval of the requested zoning
changes for both the proposed 117 acre annexation parcel, as well as for the existing
409 acre operation.
April 15, 1998 Page 12
In response to Alderman Baird's inquiry, Mr. Miller noted only sand and gravel,
not limestone, was mined and crushed. In response to Alderman McClatchey's
concerns regarding the proximity of an elementary school building to the proposed
117 acre annexation parcel, Mr. Miller stated every effort will be made to minimize the
impact of dust and noise by moistening the gravel prior to crushing, and planting seed
on the existing berm located approximately one-half mile from the school, prior to the
onset of the 1998-1999 school year. A lengthy discussion followed regarding
maintenance of the properties, particularly along the fenced perimeter. Mr. Miller
agreed to Council's recommendation to include timely maintenance requirements
within the new Annexation Agreement for the proposed 117 acre annexation parcel,
as well as the existing 409 acre mining operation.
In response to Alderman Murgatroyd's request, Mr. Miller described the Ridge
Road berm as follows: 10 to 15 feet high with a 4.1 exterior slope, 60-70 feet wide
at the base, 10 feet wide across the top with an undulating grade. Referencing Mr.
Miller's offer to meet with the abutting property owners made during the Zoning Board
of Appeals public hearing on February 23, 1998, Council inquired as to this meeting's
outcome. Mr. Miller reported he had in fact met with several area property owners,
however, no consensus regarding landscape, berming, fencing, etc. was reached.
Reclamation of the property will occur similar to that of the Tonyan Pit reclamation at
Bay and Cuhlman Roads. The Ridge Road berm will also be removed during
reclamation, unless abutting property owners request otherwise.
In response to Alderman Glab's inquiry, Mr. Miller stated the height of the
proposed Ridge Road berm would provide adequate screening for the abutting property
owners, even from a second story vantage point. Some discussion ensued regarding
storm water detention. Mr. Miller noted Meyer Material has agreed to construct and
maintain onsite detention as directed and approved by the City's consulting engineer.
Alderman Murgatroyd noted the proposed berm height could be increased to
fifteen feet and stay within the 130 foot area required by City of McHenry Zoning —
Ordinance between the center of Ridge Road and the mining operation, if acceptable
to the objectors and Council. Alderman Murgatroyd also drew Council's attention to
page 9, paragraph 16, regarding Developer Donation Fees. He noted the current
Annexation Agreement language stipulated a $500 per residential unit fee with no
provisions for an annual upward adjustment by the Chicago Area Consumer Price
Index. Further discussion regarding fees occurred.
Staff also noted the Annexation Agreement addressed the amount and payment
of Annexation Fees to the City of McHenry, in the event Parcel E is not mined, and
residential development occurs.
In response to Alderman Glab's inquiry regarding the Annexation per ton fee, Mr.
Miller explained the Annexation Fee due May 1 , 1998, will be based on the $.03/ton
figure. However, as proposed future mining will occur on the proposed 117 acres
annexation parcel under the terms and conditions of the proposed Annexation
Agreement, the per ton Annexation Fee will increase to $.0375/ton, mirroring the
1990 Annexation Fee Schedule. Mr. Miller also noted the proposed Annexation
Agreement amends the mining sequence, which depicts the next mining phase as the
proposed 117 acre annexation parcel. Fee comparison was made with other
municipalities' mining operations with regard to fee schedules. Steve Warnke, Meyer
Material's authorized agent informed Council the City of McHenry's fees were the —
highest in McHenry County. He cited the Village of Algonquin which required a
$.05/ton fee on retail sales only. The City of McHenry's current fee of $.0375/ton is
on all sand and gravel mined.
In response to Council inquiry regarding prepayment of Annexation Fees for the
first five years to be earmarked for the development and construction of a recreational
facility, Mr. Miller stated Meyer Material's disinterest.
There being no further questions or comments from Council, Mayor Cuda opened
the floor to audience comments.
April 15, 1998 Page 13
Julene Perbohner, of 60 West Terra Cotta Avenue, Crystal Lake, addressed
Council. Ms. Perbohner informed Council she represents numerous abutting property
owners located along Ridge Road and within the Bull Ridge Subdivision, as legal
counsel. A written protest against the proposed rezoning amendments and request
for use variances, for the parcels owned by Meyer Material Company, was filed with
the City Clerk, on April 13, 1998. As per City of McHenry Zoning Ordinance, the
protest is signed by the owners owning more than twenty percent of the frontage of
the property adjacent to the property in question, and the properties having frontage
directly opposite the frontage to be affected by the proposed amendment. Attorney
Perbohner stated the five reasons making up the basis for the written protest. In
response to Attorney Perbohner's request for clarification regarding the required 100
foot setback from existing right-of-way line on the east side of Ridge Road, City
Administrator Lobaito explained, as Ridge Road was developed by prescription, a
designated right-of-way does not exist. Therefore, the setback requirement is 130
feet, beginning at the centerline of Ridge Road. Attorney Perbohner enumerated
additional concerns of the abutting property owners including fencing requirements,
berming requirements including landscaping, lighting, Ridge Road access, and future
expansion plans for the mining operation.
Mayor Cuda stated the Petitioners would be held to the berming and landscaping
standards as required under City of McHenry Zoning Ordinance. In response to
inquiry, Mr. Miller stated no mining could occur within 200 feet of an existing well,
as per EPA specifications. He noted the adjacent property owner's well was depicted
on the Meyer Material operation plan with a 200 foot setback line. Further discussion
regarding landscaping continued.
Attorney Perbohner stated the parties she represented were requesting two rows
of evergreens, a minimum of six feet tall at the time of planting, spaced on ten feet
centers, ten feet apart, with the second row staggered, beginning five feet from the
edge of the road easement, be planted by Meyer Material between the road right-of-
way and the required berm setback of fifty feet, the length of the property. In
addition, the berm shall be no less than fifteen feet tall, with a base of not less than
.�- sixty feet, and shall be of a rolling contour on top. Some discussion followed
regarding whether the berm would be a permanent or temporary fixture.
Alderman Murgatroyd stated, regardless of the berm's length of existence,
compliance with City of McHenry Zoning Ordinance regarding berm construction and
landscaping will be adhered to by the Petitioner, Meyer Material Company. Attorney
Perbohner requested assurances from the Petitioner, Meyer Material Company, that
the proposed 117 acre annexation parcel constitutes the last expansion, annexation,
and/or rezoning of the current mining operation. Mr. Miller assured Attorney
Perbohner that no future plans exist to expand the current mining operations with the
exception of the proposed 117 acre annexation parcel.
Allen Zinzow, of 7115 Burning Tree, requested the fence be moved to the far side
of the berm for aesthetic purposes. Stan Hathcock, noting his home was located at
the highest vantage point, requested the proposed Ridge Road berm be aesthetically
pleasing, not mirroring the existing Route 120 berm. He also requested maintenance
requirements be incorporated into the proposed Annexation Agreement. Mark Artner,
of 1319 Ridge Road, requested two rows of trees beginning at the edge of the road
easement, a fence, consistent in size and shape with the existing fence, be located
behind the rows of trees, and an undulating berm fifteen feet in height. The rows of
trees shall run the entire length of the property. A forest-type appearance is desired,
with Scotch Pines or Austrian Firs. The estimated cost of this landscaping was
approximately $100,000. The abutting property owners are requesting Meyer Material
guarantee an expenditure of $100,000 minimum for berm landscaping, specifically the
purchase of trees. Mr. Miller stated it was the opinion of Meyer Material that a
$100,000 expenditure was unacceptable.
A lengthy discussion ensued. Guy Davita of 7208 Burning Tree inquired as to
what guarantee existed that his well would not be negatively affected by the
expansion of the mining operation. His well is 86 feet deep, and is located 30 feet
from the property line and 130 feet from the gravel pit's edge. Smith Engineering
representative Donald Palmer explained Meyer Material Company will not be mining
April 15, 1998 Page 14
below the existing water table and EPA requirements will not permit mining within 200
feet of an existing well. Some discussion followed regarding ground water
contamination and air pollution. It was noted no ground water contamination has yet
occurred, and visual emissions are continually self-monitored. EPA standards are
adhered to by the Petitioners.
Janet Priesz of 1216 Ridge Road addressed Council. She stated her property
abutted the proposed 117 acre annexation parcel to the south and her well was
located in close proximity to the mining operation. She also expressed concern with
a 120 foot wall of dirt and 1 ,300 feet of accumulated garbage to police along the
proposed fence line. In addition, Ms. Priesz opined additional truck traffic will be
created and the Agricultural and Mining Overlay District was being utilized
inappropriately. In conclusion, Ms. Priesz suggested the City of McHenry contribute
additional money for berm landscaping and tree purchase. Further discussion
followed.
Mayor Cuda suggested the following language be incorporated into the proposed
Annexation Agreement:
"Meyer Material Company, property owners, shall contribute an amount of
money to be determined toward the screening of the residential properties
located along Ridge Road. Such landscaping shall be reviewed and approved
by the City of McHenry."
Mr. Miller suggested the insertion of a $25,000 amount. Council also recommended
quarterly maintenance requirements be inserted in the proposed Annexation
Agreement.
Robert Farina of 7817 Burr Oak Drive addressed Council stating the setback
requirements have not yet been resolved satisfactorily. He noted the proposed
placement of the trees and fencing by abutting property owners relocated the berm
further away from the road. Attorney Perbohner asked that the following terms and
conditions requested by the abutting property owners become part of this evening's
meeting record:
• Screening on Ridge Road - within the required 100 foot setback from the existing
right-of-way line on the east side of Ridge Road, shall include the following:
• Trees - between the road right-of-way and the berm setback of 50 feet for the
length of the property, the Petitioner shall cause to be planted two rows of
evergreens. Evergreens shall be minimum of 6 feet tall at time of planting,
spaced 10 feet on center, 10 feet apart. The second row shall be staggered,
beginning 5 feet from the edge of the road easement. Tree planting shall occur
within one month of permit approval. Petitioner shall post bond with City of
1 10% replacement costs to be held for at least three years. Trees shall be
maintained by Meyer Material employees.
• Fence - between the first tree row and the required beginning of the berm,
Meyer shall install a fence six feet tall, within two months of permit approval.
• Berm - Beginning no less than 50 feet from the road right-of-way easement on
the east side of Ridge Road, the Petitioner shall construct an earthen berm. The
berm shall be no less than 15 feet tall, with a base of not less than 60 feet, and
shall have a rolling contour top. The berm shall be planted with ground cover
over its entire surface no later than the next growing season. -.
• Lights - There shall be no lights illuminating from the pit after dark.
• Access - There shall be no access to the gravel pit from any point on Ridge Road.
All ingress/egress shall be from Route 120.
• No Expansion - The annexation of the 117 acre parcel shall constitute the last
expansion/annexation/rezoning of the gravel pit. This includes extension across
Route 120 or across Ridge Road.
Mayor Cuda called for a five minute break at 10:35 p.m. The meeting was
reconvened with full Council, City Clerk Althoff, City Administrator Lobaito, Attorney
McArdle, and City Planner Maggio in attendance.
April 15, 1998 Page 15
Mayor Cuda informed Council Meyer Material Company had agreed to the
following terms:
• Mining shall commence at a point 130 feet from the centerline of Ridge Road;
• The Ridge Road berm shall be removed at the end of the mining at reclamation;
• A fence, similar in size and style to the existing Meyer Material fence, shall be
installed at the right-of-way line, approximately 30 feet from the centerline of
Ridge Road;
• $45,000 shall be paid to the City of McHenry to be utilized for the purchase of
trees with a two-year guarantee for plantings along Ridge Road;
• Quarterly maintenance reports shall be submitted to the City of McHenry.
In response to inquiry, Staff explained the trees planted on the west edge of the
Ridge Road berm, will be permanent. The Ridge Road berm is temporary and will be
removed at the end of the mining operation on this proposed 117 acre annexation
parcel. Any existing vegetation located in front of the berm will not be removed.
Carol Johnson of 1319 North Ridge Road, requested Council remain diligent and
include language specifying maintenance standards and acceptable time frames.
Motion by Baird, seconded by Murgatroyd, to close the Public Hearing at 1 1 :10
p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The Public Hearing was closed at 11 :10 p.m.
In response to Mayor Cuda's request, City Attorney McArdle enumerated the
agreed upon additions and corrections to the proposed Meyer Material Annexation
Agreement dated April 1 , 1998, as follows:
• Inclusion of maintenance language for the berm and fence requiring monthly
inspections and written quarterly reports;
• Existing vegetation located west of berm will remain permanently in place;
• Payment of $45,000 to the City of McHenry to be used for landscaping along
Ridge Road requiring all plantings to have a two-year guarantee, in addition to
providing the City a reasonable access to parcel E for planting;
• At a minimum the berm shall be constructed in an undulating manner from 10-15
feet in height, with the top having a 10 foot width;
• Fencing shall be of similar design to existing fence along Route 120 and shall be
placed approximately 30 feet from the centerline of Ridge Road;
• Removal of the berm upon completion of the mining of this 117 acre parcel.
The Annexation Agreement will be amended and brought before Council with all
accompanying ordinances for final action at the next regularly scheduled Council
Meeting, April 22, 1998.
ADJOURNMENT
Motion by McClatchey, seconded by Glab to adjourn the meeting at 1 1 :18 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 11 :18 p.m.
CITY CLERK MAYOR