HomeMy WebLinkAboutMinutes - 07/22/2002 - City Council SPECIAL CITY COUNCIL MEETING
JULY 22, 2002
The Special Meeting of the McHenry City Council was called to order by Mayor
Althoff at 7:30 P.M. on Monday, July 22, 2002 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd
and Wimmer. Absent: None. City Staff in attendance were: City Administrator Lobaito,
Assistant Administrator Lockerby, City Clerk Jones, City Attorney McArdle, Director Public
Works Marcinko, Director Community Development Napolitano. Absent: Director Parks
and Recreation Merkel and Chief of Police O'Meara.
INTERESTED OBSERVERSIOBJECTORS IN ATTENDANCE:
Tom Noudelk, 7212 Algonquin Rd, Wonder Lake IL
Arnold Quast, 2709 Whiting Ct, McHenry IL
Brian Florence, 6003 Whiteoak Drive, McHenry IL
Mark Romme, 6220 Whiteoak Drive, McHenry IL
Randi Wille, 1819 N. Dot Street, McHenry IL
Jeff Johnson, 446 Eisenhower Lane, Wonder Lane IL
John and Barbara Amandes, 2516 Bennington Lane, McHenry IL
Jean Krizsanitz, 4908 Bonner Drive, McHenry IL
State Rep. Jack Franks, 180 S. Eastwood Drive, Woodstock IL
Bruce Uhl, 701 Woodridge Trail, McHenry IL
Ken and Barb Schuerr, 7318 W Rte 120, McHenry IL
Paul and Nancy Renovitch, 27159 N Anderson Rd, Wauconda IL
Rich Wasilewski, 6304 Chickaloon Drive, McHenry IL
Edward Roth, 606 Silbury Ct, McHenry IL
Sue Cannon, 5917 Tomlinson Drive, McHenry IL
Janet Rutherford, 2418 Bennington Lane, McHenry IL
Jeff O'Connell, 6216 Whiteoak Ct, McHenry IL
Michael Feurt, 7316 E Oakwood Dr, Wonder Lake IL
Rich Gronow, 6300 April Avenue, McHenry IL
Ray Becker, Jr, 5909 Tomlinson Drive, McHenry IL
Ned and Christina Quartermain, 2903 Cherry Hill Ct, McHenry IL
Bill and Rhonda Clayton, 2711 Whiting Ct, McHenry IL
Dave and Clarice Currier, 2904 Cherry Hill Ct, McHenry IL
Debbie Wessler, 2906 Albert Drive, McHenry IL
Joyce Selvig, 5603 Whiteoak Drive, McHenry IL
Juanita Keith, 3218 Eastwood Drive, Wonder Lake IL
Marsha Nelson, 7220 E Northwood Drive, Wonder Lake IL
Rafael Richard, 6101 Whiteoak Ct, McHenry IL
Lee Fallaw, 2501 Martin Road, McHenry IL
Fred and Janice Koch, 2410 N Martin Rd, McHenry IL
Mike Hajek, 5808 Amherst Ct, McHenry IL
Rob, Rhonda, Thomas, Robert and Kayleigh Varvaro, 2900 Albert Drive, McHenry IL
Paul Juske, 2907 Cherry Hill Ct, McHenry IL
Virginia Shanholtz, 2918 Walnut, Wonder Lake IL
Leona Beltz, 7717 Gene Drive, Wonder Lake IL
'�- Martin Trizinski, 3208 Skyway Drive, McHenry IL
Antonio Goracio, 2404 Bennington Lane, McHenry IL
Maria Mombille, 2404 Bennington Lane, McHenry IL
July 22, 2002
Page 2
Gene and Ellie Jakubonski, 7722 E Maplewood Road, Wonder Lake IL
Bill and Shelly Lunsford, 2409 Michael St, Wonder Lake IL
Elaine Breidenbach, 6012 Whiting Drive, McHenry IL
Joseph Wolf, 7715 S Oak Road, Wonder Lake IL
Carol Buchert, West Route 120, Woodstock
Dana and Anita Lewis, 6503 Tustamena Drive, McHenry IL
Gerry and Kathy Molidor, 5912 Whiting Drive, McHenry IL
Robert and Kori Hart, 3019 N Ringwood Rd, McHenry IL
Evie and Ken Weber, 5820 Radcliff, McHenry IL
Ken and Connie Reiser, 6102 Whiteoak Drive, McHenry IL
Tom Mulhall, 6108 Whiteoak Drive, McHenry IL
Nanci O'Halleran, 6501 Whiteoak Drive, McHenry IL
Bob Barrett, 2905 Rose Avenue, McHenry IL
Susan Jacobsen, 6100 Tomlinson Drive, McHenry IL
Thomas Foss, 3204 Edgewood Drive, Wonder Lake IL
Michael Rakestraw, 2709 Walnut Drive, Wonder Lake IL
Joy Prisching, 6016 Tomlinson Drive, McHenry IL
Toni Favia, 1515 Burr Oak Ct, McHenry IL.
PUBLIC HEARING TO CONSIDER: _
• THE MEYER MATERIAL ANNEXATION AGREEMENT:
• REZONING TO RS-1 WITH AN AGRICULTURAL AND MINING OVERLAY
DISTRICT;
• CONDITIONAL USE PERMIT TO ALLOW A COMMERCIAL SAND AND
GRAVEL OPERATION NORTH OF STATE ROUTE 120
Mayor Althoff outlined the procedures for a Public Hearing. She noted the Meyer
Material Annexation, Rezoning and Conditional Use was previously presented to Council
on March 7, 2002 at a Committee of the Whole Meeting, and again on May 20, 2002 at a
City Council Meeting. Mayor Althoff stated the only new information before the Council this
evening are the results of an air quality test. Mayor Althoff stated she would allow Council
to ask questions regarding the annexation and then open the floor to audience questions.
Mayor Althoff called the Public Hearing to order at 7:33 p.m. regarding the Meyer
Material annexation, rezoning to RS-1 with Agricultural and Mining Overlay District, anda
conditional use permit to allow a commercial sand and gravel operation on the north side
of State Route 120. In attendance were Attorney Thomas Zanck of Militello, Zanck & Coen
and Allen Miller, of Meyer Material.
Mr. Zanck stated the 156-acre parcel is located on the north side of Route 120
approximately a half mile east of the intersection of Illinois Route 120 and Wonder Lake
Road. He noted the difference between this operation and the operation taking place on _
the south side of Route 120 is there would be no processing or washing of extracted
material on the north side of the property. All processing and washing would continue at
the current location south of Route 120. Mr. Zanck explained any materials extracted
would be placed on a conveyor belt, which would run southerly to the existing Meyer
Material yard on the south side of Route 120. Except for traffic on the north side, traffic
July 22, 2002
Page 3
required for purpose of construction of a berm, installation of a conveyor and access to the
yard to get to the aggregate, no additional truck traffic would exist.
Mr. Zanck stated the ultimate use of the property, consistent with the request of RS-
1 Single Family Residential zoning, would be a 68-acre lake surrounded by 30 or 40 one-
acre or greater residential lots. Additionally, the Petitioner has agreed, with the Illinois
Department of Transportation's (IDOT) assistance, to install a left hand turn lane for
eastbound traffic. To this end, Petitioner has already deposited money with IDOT.
Mr. Zanck stated the Petitioner formally withdraws its request for variation extending
the conditional use permit an additional ten years as it is Meyer Material's expectation to
complete activity on the property within approximately seven years.
Mayor Althoff invited Mr. Daniel J. Goodwin of SECOR International to address
Council and provide results of the air quality test. Mr. Goodwin informed Council an air
quality test was conducted at the request of School District 15 and paid for by Meyer
Material. Mr. Goodwin stated, after consulting with City Staff, SECOR was instructed to
establish four monitoring stations on the property to collect 24-hour samples of PM-10,
particulate matter of ten microns or ten-millionths of a meter or less. The parameters are
set by the U.S. Environmental Protection Agency (USEPA) as having health significance,
as particles smaller than ten microns are drawn into the lungs causing damage.
Mr. Goodwin stated battery-powered air pumps were used to collect the samples.
Four sampling stations were set up on the school property in an effort to duplicate the
sampling locations, the parameters and samplings used by CIH, which performed a similar
study in 1997. The conclusion reached by SECOR is that each of the sampling locations
measured particulate levels well under the USEPA health based ambient air quality
standard.
Some discussion followed regarding the reading not being zero on the fifth
cartridge, which was used as a field blank. Mr. Goodwin and the consultants of SECOR
opined the four sample results were valid. Lengthy discussion ensued comparing the air
quality report conducted in 1997 and the recent air quality study. .
Responding to Alderman Bolger's inquiry, Mr. Miller stated the left turn lane is at the
ready mix yard.
Responding to Alderman Glab's inquiry, Mr. Miller informed Council approximately
8,000,000 tons of gravel has been removed from Parcel E and an anticipated 7,000,000
tons will be removed from the north side.
Mayor Althoff announced questions would be accepted from the audience.
-� City Attorney McArdle stated if there exists credibility issues, witnesses may be
sworn in by the Court Reporter present. Likewise, if the applicant feels an objector should
be sworn in the Court Reporter will accommodate.
July 22, 2002
Page 4
A binder containing petitions signed by residents of the City of McHenry and
surrounding area opposed to the proposed zoning and annexation of land for a gravel pit
on the north side of Route 120 was presented to City Clerk Jones.
Mr. Mark Romme, a resident at 6220 White Oak Drive, expressed concerns
regarding the poor quality of monitoring the existing pit at Meyer Material. He requested
assurance with regard to inspection procedures at the new pit. Mr. Romme also inquired if
the City of McHenry would be drilling test wells in a manner consistent with County
practice. Mayor Althoff assured Mr. Romme corrections have been made and will be
addressed with language in the Annexation Agreement. The Mayor stated the records are
open for public inspection at any time. Regarding Mr. Romme's inquiry regarding test
wells, Mayor Althoff stated those issues have yet to be addressed.
A discussion ensued regarding the County's requirements compared to those of the
City of McHenry regarding test wells and the annexation fees paid to the City of McHenry
by Meyer Material based upon tonnage per cell. Regarding some breaches in the fencing
along Route 120 behind Valley View School, Mayor Althoff requested Mr. Romme to
provide specific information to Staff, and assured him repairs would be addressed
immediately.
Brian Florence, a resident at 6003 White Oak Drive, inquired what the value of the --
blank cartridge used by SECOR was. Mr. Goodwin responded the value of the blank was
.00045 grams. Mr. Florence expressed concern regarding how the test was conducted.
Responding to Mr. Florence's inquiry, Mr. Miller stated he is the General Manager,
Aggregate Division of Meyer Material. He oversees eight pits, including the one in the City
of McHenry. Mr. Miller stated it was his decision to expand the gravel pit north of Route
120.
Mr. Florence raised a number of questions regarding a 900-acre parcel west of
Harvard being prepared as a gravel mine. Attorney Zanck objected to the questions, as
the questions were irrelevant to the annexation of the 156-acre parcel in question. Mr.
Zanck stated he would continue to object to questions based upon their lack of relevance.
It was the consensus of Council questions from the audience should remain focused on
the 156-acre parcel.
Responding to Mr. Florence's inquiry, Director of Community Development
Napolitano stated the municipal ordinance requires a 10-foot berm to screen the gravel
mining operation He noted Meyer Material has proposed a 10-foot berm to the inside that
would taper down to a 5-foot berm on the outside because the 5-foot berm will remain
following reclamation and completion of the project.
Responding to Mr. Florence's inquiry, Mr. Miller stated there are no underground
tanks in the pit itself. There are, however, underground tanks at the maintenance facility.
Sandy Romme, a resident of 6220 White Oak Drive expressed concerns regarding
the air quality study.
July 22, 2002
Page 5
Barbara Schuerr, a resident of 7318 West Route 120, informed Council her property
adjoins the subject property. Ms. Schuerr inquired if records were kept daily of the amount
of gravel exiting the pit. Mr. Miller responded affirmatively.
Bruce Uhl, a resident at 701 Woodridge Trail, asked several questions regarding
the air quality study and the possibility of extending the life of the south pit beyond 13
years.
Mike Fuert, a resident of 7316 East Oakwood Drive in Wonder Lake, expressed
concerns about the air quality test, breaks in the fence, and the left hand turn lane for
westbound traffic on Route 120.
Pursuant to Mayor Althoffs request, City Administrator Lobaito explained the
bonding requirements for the reclamation of the gravel mining operations. He stated the
City of McHenry retains a bond for those areas to insure they are reclaimed and the State
of Illinois also has a requirement to hold bonds for the reclamation of gravel mines. There
is no bond which specifically insures the property gets developed residentially. Director
Napolitano informed Council the Petitioner is required to bond in the amount of $2,500 per
acre.
Barbara Amandes, a resident at 2516 Bennington, inquired about preparations for
_- tunneling under Route 120. Mr. Miller responded construction of the tunnel has not yet
begun. Ms. Amandes articulated concerns regarding weather conditions, wind and other
influences on the results of the air quality study.
Judy Juske, a resident of 2907 Cherryhill Court, read a statement regarding the
environment and exposing children and the elderly to increased dust and air pollution.
Mr. O'Connell, a resident at 6216 White Oak Drive, expressed concern on behalf of
the District 15 Board of Education that the air quality test did not include a test for silica.
Responding to Alderman Murgatroyd's inquiry regarding availability of the samples taken
to test for silica, Mr. Goodwin of Secor stated he is unsure if the samples used in the study
are still available, opining the laboratory may have retained them for only a brief period of
time.
Sue Cannon, a resident of 5917 Tomlinson, expressed concerns regarding the per
tonnage fee paid to the City, stating the fee is lower than other gravel operations pay in the
surrounding vicinity. City Administrator Lobaito noted his research has not discovered
another municipality extracting higher fees than the City of McHenry.
Ms. Cannon opined storm water should not be permitted to flow from adjacent roads
or farmland into the pit, inquiring if the City has in place a plan for safe storm water
management. Mayor Althoff assured Ms. Cannon storm water management is a concern
throughout the entire City and one which the Council will consider as part of Petitioner's
request for annexation.
July 22, 2002
Page 6
Mr. Miller responded to Ms. Cannon's inquiry regarding back hauling at the
proposed new pit, stating there would be no truck traffic at the new location.
Responding to Ms. Cannon's inquiry regarding Council addressing the concerns
and questions of the objectors, Mayor Althoff stated there would be ongoing issues
throughout the proceedings assuring the objectors they would be provided with notification
by the City Clerk throughout the process when this issue appears on the Agenda.
Diane Turnball, 170 Ash Avenue, Woodstock, Illinois, requested a copy of the
proposed annexation agreement. Ms. Turnball directed several questions to Mr. Goodwin
of Secor pertaining to the process involved performing the air quality study, and the impact
rain might have on particulate matter being transported. Mr. Zanck stated there are certain
agreements and ordinances already in place and indicated the Petitioner's obligation to
comply.
Ms. Turnball directed questions to Mr. Miller regarding reclamation at the current
site. Mr. Zanck objected stating the questioning is irrelevant to the 156 acres on the north
side. City Attorney McArdle concurred with Mr. Zanck. Responding to Ms. Turnball's
inquiry regarding a private well on the 156-acre parcel, Attorney Zanck noted the Petitioner
intends to comply with all EPA requirements. Ms. Turnball inquired about the size of the —
stockpiles. Mr. Miller responded the approximate height would be 15 to 20 feet.
Mayor Althoff noting the lateness of the hour, suggested Council might wish to
consider a continuance of the Public Hearing. A brief discussion ensued. It was the
consensus of Council to continue the discussion this evening.
City Administrator Lobaito stated language would be included in the Annexation
Agreement regarding future development and reclamation of the site.
Ms. Turnball addressed the issue of tree removal on the site. City Attorney McArdle
stated the Tree Ordinance is outside the realm of authority of the Annexation Agreement.
Bill Clayton, a resident at 2711 Whiting Court, inquired if Pritzker Pit or Meyer
Material has developed housing on land they owned, mined and reclaimed. Mr. Miller
responded negatively. Mr. Clayton inquired if the proposed development would be
connected to municipal sewer and water. Mayor Althoff stated the Council could address
that question more appropriately at the time of development.
Responding to an inquiry by Rhonda Clayton, a resident of 2711 Whiting Court, City
Administrator Lobaito stated there is not a significant amount of City property tax revenue
derived annually by the average home. He noted the City of McHenry receives
approximately 8% of the total tax bill per residence. ,
Dave Currier, a resident of 2904 Cherryhill Court, opined measurements were taken
for the air quality study on an average day of production as opposed to a day of higher
July 22, 2002
Page 7
production.
Clarice Currier, a resident of 2904 Cherry Hill Court, inquired if Secor was certified
by a government agency. Mr. Goodwin of Secor responded it was his understanding the
laboratory Secor works with, Clean Air Engineering of Palatine, Illinois, is certified for
some types of measurements. To his knowledge, certification procedures exist which are
applicable to this sort of test. Ms. Currier expressed concern regarding removal of 20-
acres of mature oak and hickory trees on the site. City Attorney McArdle stated the Council
has the prerogative to either have Petitioner comply with the existing ordinance or modify
the ordinance in the Annexation Agreement depending on the negotiations.
Mayor Althoff called for a brief recess at 11:09 p.m. Mayor Althoff reconvened the
Public Hearing at 11:15 p.m. with all still in attendance.
Tom Mulhall, 6108 White Oak Drive, voiced concern that Council would disregard
non-compliance of the existing mining operation when considering the proposed
annexation. Alderman Glab opined there are many issues and concerns that will be
addressed prior to Council making a recommendation regarding the annexation.
Raymond Becker, a resident at 5909 Tomlinson, inquired if the City had explored
the potential impact the gravel pit would have on adjoining businesses outside of the forum
of a public hearing. Mayor Althoff stated written surveys were provided to adjoining
property owners, soliciting opinions on the mining operation and perceived issues.
Responding to Mr. Becker's inquiry, Mayor Althoff stated no input was requested from the
developer of Martin Woods II Subdivision. Mr. Becker requested, and was granted
permission by Mayor Althoff, to submit to Council a letter dated July 19, 2002 from Mark E.
Albert of Albert's Martin Woods of McHenry, the original developer of Martin Woods Unit II.
Mr. Albert expressed concern regarding the proposed gravel pit and related industrial use
targeted for the areas adjacent to the development. Responding to an inquiry, Attorney
Zanck stated Mr. Becker was correct in his determination that the current owner will be
selling the property to the Applicant, Meyer Material.
Fred Koch, a resident of 2410 North Martin Road, inquired if the annexation of the
156-acre site would generate additional jobs. Mr. Miller responded existing employees
would be utilized at the site.
Bob Barrett, 2905 Rose Avenue, voiced concern regarding Council entertaining the
Petition for Annexation based upon the possibility that Meyer Material would go to the
County if the City refused to annex this property. Mayor Althoff opined the annexation
might permit the City to impose more stringent restrictions upon the Petitioner as opposed
to allowing possible development by the County.
Mayor Althoff requested Council's permission to elicit comments from the audience.
-` It was the consensus of Council to permit comments from the audience.
Mark Romme, a resident of 6221 White Oak Drive, respectfully requested Council
July 22, 2002
Page 8
deliberate cautiously over the annexation issues.
Sandy Romme, a resident of 6221 White Oak Drive, stated she is the mother of five
children, and expressed concern regarding dust and noise from the gravel pit creating
health problems.
Barbra Amandes, a resident at 2516 Bennington Lane, stated she and her husband
would not have purchased their house a little over two years ago had they been aware the
City would encourage a new gravel pit. She opined a gravel pit does not serve the best
interest of the City.
Barbara Schuerr stated her family owns a 127-acre farm west of the proposed gravel pit,
and opined a gravel pit was not the best use for the property.
Jeff O'Connell stated he is a resident of Martin Woods and also an administrator in
the school district. He expressed concerns for the health of teachers and children in the
district.
Sue Cannon, 5917 Tomlinson, stated the majority of the children residing in Martin
Woods attend Valley View School. She expressed concern regarding the quality of life in
McHenry should the annexation be approved.
Diane Turnball, 170 Ash, Woodstock, stated it had rained almost daily up until the
air quality test and expressed concerns regarding the validity of the test results. She
commented on many aspects of the existing Annexation Agreement and current
processing plant, in addition to zoning issues.
Mike Feurt, a resident at 7316 Oakwood Drive, Wonder Lake, noted his concern
regarding Meyer Material's intentions to reclaim the property with a residential
development following the mining operation.
Judy Juske, a resident at 2907 Cherry Hill Court, expressed concern regarding
health issues as a result of the proximity of residents to the gravel pit, together with
damage to property resulting from gravel falling from uncovered trucks.
Brian Florence, a resident at 6003 White Oak, referencing the Comprehensive Plan,
stated its vision for McHenry was utilized when he decided to purchase a home in Martin
Woods. He urged Council to reject the proposed annexation agreement.
Clarice Currier, a resident at 2904 Cherry Hill Court, stated using a defective field
blank or control was atrocious scientific behavior, and noted her concern regarding the
number of trees Meyer Material proposes be cut down.
Raymond Becker, a resident at 5909 Tomlinson, attempted to summarize the
concerns of the McCORE (McHenry County Citizens for an Organized and Responsible
Environment) group, stressing concern at the impact the extension of the gravel pit would
July 22, 2002
Page 9
have on the City of McHenry.
Fred Koch, a resident at 2410 North Martin Road, requested all issues and
concerns be addressed prior to Council making a final decision.
Rafael Richard, 6101 White Oak Court, iterated Mr. Koch's comment.
Mayor Althoff requested a motion to close the Public Hearing and requested Council
consider continuation of the discussion at the August 5, 2002 Regular City Council
meeting.
Motion by Bolger, seconded by Murgatroyd, to close the Public Hearing regarding
the Meyer Material annexation, rezoning to RS-1 with Agricultural and Mining Overlay
District, and a conditional use permit to allow a commercial sand and gravel operation on
the north side of State Route 120, at 12:43 a.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
EXECUTIVE SESSION
Executive Session, Item No. 5 on the Agenda, was removed due to the lateness of
the hour.
RIVERSIDE HOLLOW SUBDIVISION/KENNEDY HOMES DEVELOPERS AGREEMENT
AND FINAL PLAT APPROVAL
Alderman Murgatroyd opined negotiations have taken place, concessions were
made by both sides. He stated now is not the time to negotiate changes.
Walter Lawson, an Orchard Beach Homeowners Association member, responded to
Alderman Low's inquiry regarding Orchard Beach requesting changes, and stated on
advice from Counsel he is not at liberty to speak.
Alderman Low opined while she sympathizes with Kennedy Homes Developers'
situation it is too late in the evening to address important issues, giving them the attention
required.
It was suggested due to the lateness of the hour, the discussion regarding Kennedy
Homes Developers Agreement and Final Plat approval be postponed until the regular City
Council meeting scheduled for July 29, 2002.
Alderman Murgatroyd suggested the Orchard Beach Homeowners Association be
-� prepared to speak at that time and have their attorney in attendance.
July 22, 2002
Page 10
Motion by Murgatroyd, seconded by Glab, to postpone discussion of the Kennedy
Homes Developers' Agreement and Final Plat approval until the regular City Council
meeting scheduled for July 29, 2002.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by Low, seconded by Glab, to adjourn the meeting at 1:25 a.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 1:25 a.m.
M YOR TY CL
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