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HomeMy WebLinkAboutMinutes - 05/20/2002 - City Council REGULAR MEETING MAY 20, 2002 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff, at 7:30 P.M. on Monday, May 20, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Low, Murgatroyd, Wimmer. Absent: Alderman Glab arrived at 7:35 p.m. City Staff in attendance were: City Administrator Lobaito, Assistant City Administrator Lockerby, City Clerk Jones, City Attorney McArdle, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Director Community Development Napolitano, Chief of Police O'Meara. Absent: None. PUBLIC HEARING: CHROMA CORPORATION INDUSTRIAL REVENUE BOND REFUNDING Mayor Althoff called the Public Hearing to order regarding the Chroma Corporation Industrial Revenue Bond Refunding at 7:31 p.m. Mayor Althoff recognized the President of Chroma Corporation, Jay Ward and stated Chroma Corporation is asking to authorize the refunding and issuance of Industrial Revenue Bonds from 1994 and 1996. Chroma Corporation is refunding the bonds at this time to lower interest cost and to realize savings on their debt service. City Attorney McArdle stated he is in the process of reviewing all documentation. Mayor Althoff inquired if there were any comments from the audience regarding this matter. There were none. Responding to Mayor Althoff s inquiry, City Clerk Jones stated the Office of the City Clerk has received no comments, written or verbal, concerning this matter. Motion by Bolger, seconded by Low, to close the Public Hearing at 7:34 p.m. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: Glab. Motion carried. Mr. Ward thanked the City of McHenry and Council for their support over the years. Motion by Murgatroyd, seconded by Bolger, to direct Staff to prepare the appropriate ordinances to refund the 1994, 1994B and 1996 Series Industrial Revenue Bonds for Chroma Corporation. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: Glab. Motion carried. -� Alderman Glab arrived at 7:35 p.m. May 20, 2002 Page 2 TEN MINUTE PUBLIC INPUT No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA: Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda, as presented, with the additional list of bills: • Semi-Annual Interest Payment, $117,525; 1. Special Service Area No. 1A, $11,275 to Home State Bank; 2. Series 2000A Alternate GO Bonds, $79,800 due to Bank One; 3. Series 2000B Alternate GO Bonds, $26,450 due to Bank One. • Ordinance granting Conditional Use Permit to Adams Outdoor Power Equipment, located at 3107 West Route 120; • List of Bills: GENERAL FUND ACCOUNTEMPS 3,573.19 ACE HARDWARE, BJORKMAN'S 688.81 ACME BRICK & SUPPLY CO 514.00 ADAMS ENTERPRISES INC, R 24.34 ADAMS OUTDOOR POWER EQUI 19.50 ADAMS STEEL SERVICE INC 98.30 ALEXANDER LUMBER CO 383.68 AMERICAN BUSINESS FORMS 94.75 AMERICAN EXECUTIVE LEAGU 98.64 AMERICAN HOTEL REGISTER 144.20 AMERICAN RED CROSS OF GR 270.00 AMERICAN TELECOMMUNICATI 182.28 AMERITECH 183.68 AMORE, JULIE L 105.96 AMSTERDAM PRINTING & 281.78 ARNET, ALICE 61.09 ASECOM INC 669.12 BELFOR USA 1, 996.12 BIG SKY BALLOONS 30.00 BIRK, JOHN 450.00 BONCOSKY OIL COMPANY 8, 175.48 BOTTS WELDING & TRUCK SE 38.50 BRADY & ASSOCIATES, PHIL 3, 950.00 BROCK INC 1,257.76 BROGAN, WILLIAM J 61.84 BUSS FORD SALES 281.47 CDW GOVERNMENT INC 900.06 CENTEGRA OCCUPATIONAL HE 215.50 CINGULAR WIRELESS 624.41 CINTAS CORPORATION #355 108.00 CITITCORP VENDOR FIANCE 6,214.68 COMED 13,028.97 COMMUNICATIONS REVOLVING 464.95 COMPUTERLAND 6, 832.50 COUGHLIN, DIANE 70.00 CRAFT CONCRETE PRODUCTS 504.00 CRESCENT ELECTRIC SUPPLY 58.86 CRYSTAL LAKE RADIATOR & 125.00 CRYSTAL MANOR STABLE 480.00 CURRAN CONTRACTING CO 420.35 D & J AUTOMOTIVE SUPPLY 197.79 DECATUR ELECTRONICS INC 125.00 DUECO INC 400.00 May 20, 2002 Page 3 ED'S RENTAL & SALES INC 105.00 ENTENMANN-ROVIN CO 305.70 FAST EDDIES CAR WASH 108.00 FBI NAA 20.00 FLOWERWOOD 610.00 FOXCROFT MEADOWS INC 292.75 FREUND INTERNATIONAL 7.50 G IMPRESSIONS 60.00 GALL'S INC 141.98 GARRELTS & SONS INC 421.00 GERAGHTY, MARCI 213.07 GRAINGER INC, W W 113.59 GROWER EQUIPMENT & SUPPL 284.81 HANSEN'S ALIGNMENT, DON 160.00 HO.LIAN, CAROL 111.78 ILLINOIS TAX INCREMENT A 375.00 ILLINOIS WOOD FIBER PROD 2,400.00 INCODE-CMS 7, 985.50 INNOVATIVE PACKAGING INC 255.00 INTERSTATE BATTERY SYSTE 38.95 JENKINS, SHIRLEY 24.00 JEWEL FOOD STORES 15.98 KALE UNIFORMS INC 4, 171.92 KAR PRODUCTS 796.65 KIEFFER & CO INC 30.00 KRANZ, ANNE 104.77 KROHN LAWN & LANDSCAPE 8,806.50 LANG CHEVROLET INC, GARY 10.76 LANG PONTIAC-CADILLAC-SU 154.15 LEONARDI'S FOOD SPECIALT 456.85 LEOPOLD, JOE 2,795.00 LEWIS EQUIPMENT CO 647.00 MARINE RESCUE PRODUCTS I 1,235.00 MARLER, TODD 61.00 MARTENSON, LYNN G 193.71 MATHES, ROXANA 100.00 MAXEINER, DOUGLAS K 2,205.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 22.78 MCHENRY AUTO PARTS 364.36 MCHENRY COUNTY CHIEFS OF 71.00 MCHENRY COUNTY RECORDER 5.00 MCHENRY COUNTY SUPPLY IN 170.50 MCHENRY MAYTAG LLC 30.00 MCHENRY SPECIALTIES 14.00 MEADE ELECTRIC CO IN 2,862.00 MINUTEMAN PRESS OF MCH 568.29 NATIONAL BUSINESS FURNIT 208.95 NEWMAN, CHRISTINE 126.00 NEXTEL COMMUNICATIONS 531.50 NICOR GAS 131.98 NORTH EAST MULTI-REGIONA 3, 675.00 NORTHEASTERN ILLINOIS PL 1,582.00 NORTHWEST ELECTRICAL SUP 588.20 NORTHWEST HERALD 1,010.70 OFFICE DEPOT INC 297.37 OLIVER, JUANITA 150.00 ORIENTAL TRADING CO INC 39.10 PACE 7, 870.45 PAPROCKI, KRISTINE 70.50 PEPSI-COLA GENERAL BOTTL 463.50 PERKINS, MICHAEL 58.81 May 20, 2002 Page 4 r PETALS & STEMS 77.00 R & D AUTO BODY 1, 970.17 R & S DISTRIBUTORS INC 169.20 RADICOM INC 1,040.00 RAPIDS 2, 635.18 RELIABLE SAND & GRAVEL 2,367.90 RESERVE ACCOUNT 1,200.00 REX AUTO BODY 6,126.36 RIVERSIDE BAKE SHOP 97.26 RUSHING, RHONDA F LANG- 301.24 S & S WORLDWIDE 297.53 SAM'S CLUB 130.62 SCHABOW, BILL 68.60 SENN, LINDA 38.00 SHERMAN MECHANICAL INC 703.99 SHOOK INC LLC 30.00 SMITH ENGINEERING CONSUL 1,566.75 SPRING, JEFFREY 30.00 ST PAULS EPISCOPAL CHURC 454.00 TARGET STORES 407.32 TETREAULT CONSULTING SER 270.00 THOMAS TRUCKING INC, KEN 460.00 TJ CONEVERA'S INC 246.80 TRAFFIC CONTROL & 258.26 UNITED PARCEL SERVICE 79.30 USF - LAKE BLUFF IL 70.17 WASTE MANAGEMENT NORTH 1,720.00 WEST GROUP PAYMENT CENTE 672.75 WHOLESALE DIRECT INC 97.00 WILLIAMS, JANICE H 53.24 WITT, CINDY 59.58 WOODSTOCK FORD & MERCURY 64.78 WORTHINGTON DIRECT 354.50 ZARATE, MIGUEL C 15.00 ZMT INC 1,023.55 ZUKOWSKI ROGERS FLOOD & 8,281.25 AUDIT EXPENSE FUND EDER CASELLA & CO 733.50 ANNEXATION FUND MCHENRY COMMUNITY HIGH S 673.00 MCHENRY COMMUNITY SCHOOL 954.00 MCHENRY PUBLIC LIBRARY 56.00 DEVELOPER DONATION FUND CUSTOM LANDSCAPING 38,033.75 STREET IMPROVEMENTS FUND SMITH ENGINEERING CONSUL 25,213.79 CAPITAL IMPROVEMENTS FUND BAXTER & WOODMAN 5,327.10 KENNEDY CONSTRUCTION CO, 430, 071.31 SMITH ENGINEERING CONSUL 21,220.52 WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 346.55 AMERICAN TELECOMMUNICATI 28.85 AMERICAN WATER WORKS ASS 57.00 AMERITECH 45.73 BAXTER & WOODMAN 236.00 May 20, 2002 Page 5 BONCOSKY OIL COMPANY 503.08 BOTTS WELDING & TRUCK SE 133.60 CINGULAR WIRELESS 91.17 CINTAS CORPORATION #355 177.00 COMED 26,095.25 COUNTRYSIDE FLOWER SHOP 59.98 CRESCENT ELECTRIC SUPPLY 34.20 D'ANGELO NATURAL SPRING 63.00 FOXCROFT MEADOWS INC 105.60 G COMMUNICATIONS 299.90 G IMPRESSIONS 773.80 HACH COMPANY 241.10 KTD INC 275.72 LEWIS EQUIPMENT CO 319.63 MARBLEHEAD LIME COMPANY 3,520.00 MCHENRY ANALYTICAL WATER 72.00 MCHENRY COUNTY SUPPLY IN 178.10 METROPOLITAN INDUSTRIES 34.30 MID AMERICAN WATER OF WA 376.38 MIDWEST METER INC 6,093.20 NCL OF WISCONSIN INC 353.66 NICOR GAS 1,059.82 PETERSEN SAND & GRAVEL 98.32 RADICOM INC 30.00 RESERVE ACCOUNT 300.00 SCHMITT, JON 16.40 SCHORDJE, NICK 8.08 SCHULHOF COMPANY 203.46 SMITH ECOLOGICAL SYSTEMS 557.08 -� UNITED PARCEL SERVICE 12.27 USA BLUEBOOK 337.14 USF - LAKE BLUFF IL 884.45 VIKING CHEMICAL COMPANY 1,201.80 WELCH BROS INC 426.33 WOODLAND RDF 6,941.25 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 8,158.08 RETAINED PERSONNEL ESCROW BAXTER & WOODMAN 6,550.96 GERSTAD BUILDERS 2,202.55 NORTHWEST COURT REPORTIN 209.00 WOODSTOCK LAND SURVEYORS 50.00 ZUKOWSKI ROGERS FLOOD & 1,260.00 POLICE PENSION FUND IPPFA 650.00 GRAND TOTALS 745,326.53 FUND TOTALS GENERAL FUND 151,371.77 AUDIT EXPENSE FUND 733.50 ANNEXATION FUND 1, 683.00 DEVELOPER DONATION FUND 38,033.75 STREET IMPROVEMENTS FUND 25,213.79 CAPITAL IMPROVEMENTS FUND 456, 618.93 WATER/SEWER FUND 52,591.20 UTILITY IMPROVEMENTS FUND 8,158.08 RETAINED PERSONNEL ESCROW 10,272.51 May 20, 2002 Page 6 POLICE PENSION FUND 650.00 TOTALS 745,326.53 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR USE OF PETERSEN PARK AND WAIVER OF FEES - CARSON AND BARNES CIRCUS AND WONDER LAKE CHAMBER OF COMMERCE This item was withdrawn from the Agenda. ANNEXATION, REZONING AND VARIANCES FOR 1625 NORTH RIVERSIDE DRIVE, 1810 NORTH RIVERSIDE DRIVE AND 1811 NORTH RIVERSIDE DRIVE Director of Community Development Napolitano stated all the applicants live on Riverside Drive. The new sewer and water line installation along Riverside Drive is making those utilities available to properties previously unconnected to City utilities. Director Napolitano stated a Public Hearing regarding the zoning reclassification and variances to 1625 North Riverside Drive, 1810 North Riverside Drive and 1811 North Riverside Drive was held on May 2, 2002. The petitions for 1810 and 1811 North Riverside Drive were unanimously approved. The petition for 1625 North Riverside Drive was —" approved by a 4-3 vote. Director Napolitano noted the owner of the property at 1811 N. Riverside Drive is experiencing a serious septic problem. The resident has been cited by the McHenry County Health Department and has been required to either install a new septic field or connect to City sewer and water. The owner of 1811 N. Riverside has elected to annex to the City and tap into the sewer and water system. Director Napolitano noted there was formerly a house situated on the property located at 1810 N. Riverside Drive. The house was torn down and a new residence is being erected. Rather than use a septic system adjacent to the river, the owner has elected to annex to the City of McHenry and hook up to sanitary sewer and water. The property at 1625 N. Riverside Drive is contiguous to the City. The property is currently served by City water and annexation affords the opportunity to attach to City sewer. Director Napolitano noted some minor variances are required to accommodate existing buildings on these properties. Staff acknowledged all proposed variances are warranted. Staff expressed concern with the accessory apartment located at 1625 N. Riverside Drive rented out by the owners. The concern stems from code enforcement issues with apartment type uses in single-family neighborhoods. Staff recognized the property was purchased with the apartment existing.. Staff recommended a 3-year sunset provision be placed on the existence of the apartment; however, the Planning and Zoning Commission recommended a use variance to permit an accessory apartment above the detached garage with no time limitation. All proposed rezoning is consistent with the May 20, 2002 Page 7 comprehensive plan and character of the surrounding area. Alderman Glab opined an apartment setting in that neighborhood is inappropriate usage for the property. It does not meet with the Comprehensive Plan. He would support all three annexations and the variances with a 3-year limitation on the existence of the apartment. Alderman Murgatroyd concurred with Alderman Glab regarding a provision limiting the existence of the apartment. Applicant Leon Schmitt, owner of the property located at 1625 N. Riverside Drive addressed Council. Mr. Schmitt stated he purchased the property in 1996. He has spent quite a bit of money upgrading the property. He noted both the structures at 1625 N. Riverside Drive and 1810 N. Riverside Drive are in excellent condition. Mr. Schmitt stated he would be unable to consider annexation if there was a time limit on the existence of the apartment. Alderman Glab opined he is unable to support an apartment dwelling in a residential area. Alderman Murgatroyd stated he would agree to no time limitation as to the existence of the apartment, as long as the use remained the same. Alderman Low and Alderman Bolger concurred with Alderman Murgatroyd. Motion by Bolger, seconded by Wimmer, to accept the recommendation of the Planning and Zoning Commission, and to direct Staff to prepare ordinances providing for the following for the property located at 1811 North Riverside Drive, ■ Annexation; ■ Rezoning to RS-4 Residential Zoning District; ■ Variance to permit a front yard setback of 12 feet; ■ Variance to permit rear yard setback of 21 feet. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Glab, to accept the recommendation of the Planning and Zoning Commission, and to direct Staff to prepare ordinances providing for the following for the property located at 1810 N. Riverside Drive: ■ Annexation; ■ Rezoning to RS-1 Residential Zoning District; ■ Variance to permit lot width of 95 feet. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. Motion by Low, seconded by Bolger, to accept the recommendation of the May 20, 2002 Page 8 Planning and Zoning Commission, and to direct Staff to draft ordinances providing for the following for the property located at 1625 North Riverside Drive: ■ Annexation; ■ Rezoning to RS-4 Residential Zoning District; ■ Use Variance to permit an accessory apartment above the detached garage; ■ Variance to permit exceeding rear lot coverage for accessory structures. Voting Aye: Bolger, Low, Murgatroyd, Wimmer Voting Nay: Glab. Absent: None. Motion carried. AWARD OF BID TO ROBERT W. BAIRD FOR SERIES 2002 ALTERNATE GENERAL OBLIGATION BONDS FOR THE EDGEBROOK DRAINAGE PROJECT AND NORTH INTERCEPTOR SEWER PROJECT AND APPROVAL OF BOND ORDINANCE IN THE AMOUNT OF $3,900,000.00 Mayor Althoff noted Council authorized the issuance of bonds for not only the projects indicated but also the intersection improvements at McCullom Lake and Route 31. Due to the City's success in obtaining grant funds for the intersection improvements Council approved a delay to issue bonds for the McCullom Lake and Route 31 — improvement project until a decision is made regarding the City's Congestion Mitigation & l Air Quality (CMAQ) Grant application. Mayor Althoff informed Council notification is expected in August 2002. Mayor Althoff advised Council the City received an extremely favorable interest rate of 4.295%. Motion by Bolger, seconded by Murgatroyd, to award the bid for the Series 2002 Alternate General Obligation Bonds for Edgebrook Drainage Project and the North Interceptor Sewer Project to Robert W. Baird and to authorize the Mayor and City Clerk's execution of the Bond Ordinance in the amount of $3,900,000.00, subject to the City Attorney's review and approval. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO ENTER INTO A CONTRACT WITH SMITH ENGINEERING CONSULTANTS, INC. FOR PROJECT ENGINEERING OF THE MAIN STREET SANITARY SEWER AND WATER MAIN REPLACEMENT PROJECT Director of Public Works Marcinko informed Council the sewer from Main Street to west of Illinois Route 31 requires removal and replacement of approximately 550 lineal feet of existing 8-inch sanitary sewer and interconnection of two dead end water mains under the railroad right of way. The Engineering proposal submitted by Smith Engineering Consultants includes the following: May 20, 2002 Page 9 • Surveying and data collection $2,370.00 Engineering (plans/specifications/bidding process) 12,625.00 • Construction staking 1,800.00 Reimbursables (plan sets) 150.00 TOTAL $16,945.00 Responding to Alderman Murgatroyd's inquiry regarding when the project might go to bid, Director Marcinko stated he anticipates Spring, 2003. Motion by Bolger, seconded by Murgatroyd, to award the contract and to authorize the Mayor's execution of an Engineering Services Agreement for the Main Street Sanitary Sewer and Water Main Project to Smith Engineering Consultants, Inc., in an amount not- to-exceed $16,945.00. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None Motion carried. AWARD OF 2002 STREET PROGRAM TO PAYNE AND DOLAN, INC. _ City Administrator Lobaito addressed Council summarizing the 2002 Street Program. He noted at the May 6, 2002 Council meeting approval of the award of bid to Payne and Dolan, Inc. was postponed pending an evaluation of the available funds. City Administrator Lobaito advised Council over the past several weeks it has become apparent the remaining balance in the Street Improvement Fund is insufficient to fully fund the $1.8- million final year of the program as proposed. The City originally considered issuing bonds for a five-year street improvement program costing between $4.5 and $5.0 million. Motor Fuel Tax (MFT) reserves were large enough to accommodate paying for the first year of the program in the 1999/2000 fiscal year. Approximately $3.7 million in improvements were to be financed by bond proceeds and interest earnings. Bonds were issued in November 2000 and $3.485 million was deposited in the Street Improvements Fund. MFT revenues are committed to pay the debt service on the bonds. With an interest assumption of 5.0%, interest earnings were expected at approximately $58,000 in 2000/2001; $96,000 in 2001/2002; $53,000 in 2002/2003; and $13,000 in 2003/2004. Total bond proceeds and interest earnings were expected to finance the $3.7 million in improvements. The only expenditures coming out of the Street Improvement Fund would be for engineering and construction costs related to the reconstruction program: in 2000/2001, in the amount of $1.1 million; 2001/2002, in the amount of $1.0 million; 2002/2003, in the amount of $800,000; and 2003/2004, in the amount of$800,000. No other expenses were to be recorded against the bond proceeds. City Administrator Lobaito stated in the MFT Fund the State of Illinois MFT May 20, 2002 Page l o allotments were assumed to total $574,000 in 2000/2001; $625,000 annually from 2001 through 204; $677,000 annually from 2005 through 2007; and $715,000 annually from 2008 through 2011. Interest earnings were estimated at 5%. Between interest earnings and the state allotment, the MFT Fund was expected to accommodate the debt service on the bond issue and road salt purchases of $75,000 annually with $75,000 set aside for MFT eligible contingency projects. City Administrator Lobaito noted the assumptions for both MFT allotment and interest earnings were incorrect. Actual revenues recorded for the MFT allotments in 2000/2001 amounted to $557,287, $16,713 short of the projection; in 2001/2002 the allotments were short $41,303 of the $625,000 projection. The rates determining the allotments- 'did not meet the estimated rates provided by Illinois Department of Transportation (IDOT) and the Illinois Municipal League. Interest earnings were based on the interest rates the City was receiving at the time of the analysis, between 5% and 5.5%. However, in the early part of 2001 interest rates dropped to 3% and have remained around 2.5%, missing that projection as well. Staff suggested proceeding with the full street program, as bid by the Public Works Department, would exhaust the MFT Fund. A more prudent course of action is to reduce the street program by $400,000. To achieve a $400,000 reduction Staff has suggested the _ Public Works Committee review the program and recommend certain streets be eliminated from the program. By reducing the cost of the program the MFT Fund will maintain a contingency balance of approximately $300,000, which was planned at the beginning of the street improvement program in 1999. Staff requested Council award the bid for the 2002 Street Program to Payne and Dolan, Inc., in the amount of$1,789,214.77 and to set a Public Works Committee meeting for the purpose of reducing the number of streets in the program. City Administrator Lobaito stated the reduction in the cost of the street program would be handled with a change order, which will be brought back to Council with a revised Engineering Agreement following the award of the bid. Public Works Committee Chairman Alderman Bolger scheduled a Public Works Committee meeting for Tuesday, May 28, 2002 at 7:00 p.m. in the Alderman's Conference Room. Chairman Alderman Bolger suggested members of the Committee review the list of streets for possible exclusion. Motion by Murgatroyd, seconded by Bolger, to approve the award of bid for the 2002 Street Program to Payne and Dolan, Inc., in an amount not to exceed $1,789,214.77. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer _ Voting Nay: None Absent: None - Motion carried. May 20, 2002 Page 11 DISCUSSION: MEYER MATERIAL EXPANSION, NORTH SIDE OF STATE ROUTE 120 Mayor Althoff reminded Council discussion occurred at the March 7, 2002 Committee of the Whole Meeting regarding the proposed Meyer Material Annexation of 157 acres located on the north side of Illinois Route 120. Mayor Althoff noted several issues were brought forward at the meeting requiring investigation prior to a determination on whether or not to direct the petitioner to proceed to the Public Hearing. Staff was directed to research the stated issues and to assemble and provide the information to Council as soon as possible. Mayor Althoff stated she would begin by having Staff provide Council with all the information compiled. Council would then direct questions to Staff and possibly representatives of Meyer Material. The floor will then be opened to questions from the audience. Mayor Althoff requested Council be addressed with questions pertinent to the information provided at the meeting tonight. Director of Community Development Napolitano summarized the following items: 1) Application for IDOT Permit to Tunnel Under Route 120. Meyer's representatives indicated that they made application to IDOT and expect to receive a permit. IDOT will not issue the permit until they receive permission from the City to mine the property. Staff has contacted Ed Zak, Traffic Permit Section Chief with IDOT, who has confirmed Meyer's permit -- application has been processed but will not be issued until zoning approval from the City is obtained. 2) Potential Impacts of Mining on Groundwater. a) Hydrogeological Study. A major concern expressed at the meeting was the potential effects that mining may have on the quality and quantity of groundwater from nearby private wells. To respond to these concerns, the City hired Patrick Engineering to perform a hydrogeological study. In summary, the report concludes: • There are two aquifers (upper and lower) present in the project area. • Water balance analyses indicate that there should be no net change in recharge to the groundwater table due to mining activities. • Mining will not impact water levels in the lower aquifer. • Many residential wells in Martin Woods use the upper aquifer. The majority are screened below the planned bottom of the mine, with 2 wells screened above the planned mine bottom. The engineer's opinion is that the groundwater elevation of shallow wells will not be impacted by mining operations because the majority of wells are screened below the planned mine bottom. The wells are located over 0.5 miles from the mine, and the proposed lake will provide a constant source of recharge to the aquifer. Director Napolitano advised Council a representative from Patrick Engineering is in the audience to answer any questions. 3) Analysis of Per Ton Annexation Fees. The City collects an annexation fee based on the amount of material mined from the Meyer Material pit, in the amount of 3.75 cents per ton of material mined on Parcel E, 117 acres out by Ridge Road, and the City receives 3 cents per May 20, 2002 Page 12 ton on the remaining parcels mined. There are escalation clauses should a certain tonnage be reached or a deadline is reached, which increases the fees. 4) Tree Survey/Landscaping. a) Tree Survey. Meyer has preformed a tree survey, which details the size, species and condition of the 732 trees on the property. The majority of these trees are located at the north central part of the site. Approximately 4% (29) of these trees are dead. Another 49 were less than 10" in diameter, and 52 were of species that the City's Ordinance does not protect. In total, 191 existing trees on the site would be preserved, while 541 would be removed for the mining operation. The applicant has agreed to adhere to the requirements of the City's Tree Preservation Ordinance and will make a cash donation as required by ordinance for tree replacement. Based on the ordinance, 846 replacement trees would be required, or $100 per tree ($84,600). The Council needs to discuss how and where to use the dollars received for tree removal. b) Landscaping Plan. The Zoning Ordinance requires a minimum 10-foot high berm along all lot lines, or along the lot lines and phase areas of areas being excavated. The berm shall be planted with ground cover over its entire surface no later than the next growing season after its installation. Trees shall be a minimum of 10-foot in height at time of planting and spaced a maximum of 25 feet apart. Meyer has provided a landscaping plan for the perimeter of the site that complies with these requirements. c) Comprehensive Plan/Environmental Corridor. The mature tree stand consisting of approximately 20 acres and located at the north central part of the site is designated as an Environmental Corridor on the City's Comprehensive Plan Land Use Map. Environmental corridors are integral systems of land, water, plant and animal resources, which are to be preserved. 5) Air Quali . Staff has contacted the Illinois EPA and they have no recorded violations against the McHenry Meyer Material operation. In 1997, Meyer commissioned a study of their mining operations to evaluate the degree of worker exposure to free crystalline silica dust. Employees of various operations were tested and none at the McHenry yard exceeded maximum exposure levels set by OSHA. In November 2001, further studies were conducted on two employees at the McHenry yard. Again, the exposure of these employees was less than the maximum permitted. Director Napolitano noted a letter was received recently from District 15. District 15 has requested an air quality study be prepared for Valley View School. If the Council votes to move forward with the annexation, Staff will commission this study immediately so that results can be obtained for the Public Hearing. 6) ise. Staff contacted the Illinois EPA and they have no recorded violations against the McHenry Meyer Material operation. 7) Comparison of Mining Regulations. City versus County. A comparison of the City's regulations versus McHenry County's was explored. Overall, the requirements are fairly similar. Director Napolitano noted at the Committee of the Whole Meeting there were comments from the audience regarding a county requirement for insurance against any damage to nearby wells, and any written confirmation from the County on any documented effects on wells near existing gravel pits. Speaking with Patrick McNulty, of the McHenry County Health Department, confirmation was received that the County does not require a gravel pit operator to provide insurance against damage to nearby wells. With regards to any documented effects on wells near existing gravel pits, Mr. McNulty stated that about 10 years ago, the May 20, 2002 Page 13 County began to monitor groundwater more extensively. Although the County has received complaints about alleged problems with wells near gravel pits, none have been traced back to the gravel pit as the cause. It should be noted that both City and County regulations state that no extraction operation shall permanently and harmfully lower the water table of surrounding inhabited properties. 8) Inspections Comaliance with Plans, etc. Community Development Staff mistakenly conducted a yearly inspection of Meyer's operation every spring for many years. The Zoning Ordinance calls for semi-annual inspections. The error.in this procedure has been corrected and semi-annual inspections will occur in the future. The procedure Staff follows for inspection of the pit is to record any violations for the file. If there are no violations, there is no paperwork generated. For better tracking, in the future when the pit is inspected, Staff will generate an inspection log. The log will be retained in file for future use and reference. Based on the inspection conducted this spring, Staff did not identify any violations with the requirements of the Zoning Ordinance. It was noted if the City received a complaint or concern about the Meyer operation Meyer representatives have been quick in taking action to address the issue. 9) Reclamation Information. a) Reclamation. The City has a reclamation plan on file for the original pit area and for the area of the 1998 expansion along Ridge Road. A revised overall mining sequence plan for the Meyer site was provided in 1992 and again in 1996. With the 1998 expansion to Ridge Road the site was divided into 16 cells and this is the current sequence for mining. The sequence of mining and reclamation generally occurs simultaneously. As mining is completed in one cell, reclamation begins on that cell using material from the next cell to be mined. Approximately 80 acres are being actively mined (cells 5, 6 and 7) and approximately 40 acres are being reclaimed. b) Bonding Requirements.. To ensure completion of reclamation, a bond in the amount of $2,500 per acre, or greater as may be established by the City Council, is required. The bond shall be sufficient to cover reclamation over a three-year period. Prior to the end of such period, the Council shall review such work before reducing the bond and shall establish the bonding requirement for the next 3 years. The Illinois Department of Natural Resources also requires a reclamation bond and currently has $1.07 million in reclamation bonds for the Meyer operation. The City presently holds three reclamation bonds in the amount of $100,000 each ($300,000 total). Meyer is actively mining in three cells. The dollar amount of bonds held by the City is consistent with acreage of land currently being reclaimed, as well as that being mined (120 acres x $2,500 = $300,000). There appears to be a recording error on the bonds because the description of the cell for which each bond applies to does not match the current cells being mined. Staff will make sure that any recording error is corrected. Responding to Mayor Althof 's inquiry regarding the letter from District 15 requesting an air quality study, Director Napolitano noted the request was made for an air quality test on the existing gravel pit. For clarification Mayor Althoff inquired if all changes in the sequence of mining May 20, 2002 Page 14 r operations must be approved by Council action. Director Napolitano responded affirmatively. Mayor Althoff stated she received several questions from dianne turnball as follows: • In the last two months has the City received any written or phone complaints regarding the Meyer pit. o Mayor Althoff stated with the exception of the comments made at the Committee of the Whole Meeting concerning fencing issues Staff has received no complaints written or verbal except with regard to the expansion. • Ms. turnball inquired if a survey has been conducted of the neighbors of the existing pit. o Mayor Althoff responded affirmatively and noted the results are being compiled and will be distributed to Council should they elect to proceed with the Public Hearing. Responding to Alderman Murgatroyd's inquiry regarding the letter from District 15 for an air quality study, City Administrator Lobaito noted some confusion on the part of Staff. He telephoned and spoke with a representative of District 15 and was informed District 15 was requesting an air quality test on the existing pit. In response to Alderman Murgatroyd's inquiry regarding the focus of the air quality study conducted in 1997, Director Napolitano stated it was his understanding the study evaluated the degree of exposure to free crystalline silica dust. Mayor Althoff suggested Attorney Thomas Zanck, of Militello, Zanck & Coen, representing Meyer Material and Allen Miller of Meyer Material approach the podium to answer questions. Mr. Miller stated the school conducted their own study in 1997. This study was in addition to the study conducted, company wide by Meyer Material in 1997, precipitated by a notice from OSHA on crystalline silica dust in the workplace. Seeking audience questions and/or comments, Mayor Althoff inquired if there was a designated speaker who had been chosen to speak on behalf of the group. Ms. dianne turnball, 170 Ash Avenue, Woodstock, stated she represented McCORE. Ms. turnball advised she would attempt to state her questions in the same order as the material presented by Director Napolitano: o At whose request was the installation of a turn lane required? — o Mr. Miller responded he has a signed contract with the State of Illinois for the design and construction of a left hand turn lane when the new light is installed on Route 120. o Are there one or two entrances proposed to the pit site? May 20, 2002 Page 15 o Mr. Miller stated there is one service entrance for use by employees and another entrance for residents of the farmhouse on the property. Responding to Ms. turnball's inquiry, Mr. Miller informed her upon completion of operations the farmhouse and all farm related structures would be torn down. o Ms. turnball noted this is a regional hydrogeological study and not a site specific hydrogeological study. She feels this is particularly important considering the well used for the study. Ms. turnball inquired why a regional rather than a site specific analysis was conducted? o Ms. turnball inquired about how many well logs came from the Martins Woods Subdivision and how many were from the shallow aquifer or deep aquifer. o Ms. turnball inquired how the City knew what aggregate was coming from Parcel E and what product came from other parcels. o Ms. turnball inquired if the City is aware that 80% of the high quality trees on the site are in the 20 acres designated as the Environmental Corridor? o Ms. turnball inquired if the City is aware the State of Ilinois Environmental Protection Agency no longer has a department dealing with noise? Is the City equipped to measure noise to State standards? Does the City have the staff and knowledge to use those tools appropriately to produce the required results? Who will be responsible for investigating complaints thoroughly? o Ms. turnball inquired if the City is aware the County requires quarterly inspections of all gravel pits in the County? o Is the City aware of the Groundwater Ordinance, which is a part of the McHenry County Zoning Ordinance? o Is the City aware of the groundwater monitoring requirements of wells placed around each pit in the County? The wells are tested quarterly and results are provided to the County. o Is the City aware of the annual fee, paid by every gravel pit operator, for monitoring and site inspection conducted by Staff? o Ms. turnball inquired about the sequence of the reclamation process. o Ms. turnball inquired if the City desires to move forward with a Public Hearing on an Annexation Agreement with major questions unanswered. Mayor Althoff agreed to answer as many questions as possible this evening. Answers to those questions requiring additional information will be provided to Council and participants at a later date. Responding to Ms. turnball's inquiry regarding conducting a supplemental Zoning Board of Appeals hearing, Attorney Zanck stated the Petitioner is not materially modifying May 20, 2002 Page 16 the original application and therefore a supplement hearing is not required. Jeffrey Schuh, vice president of Patrick Engineering, addressed Ms. turnball's questions regarding the hydrogeological study. He stated the study was conducted according to the typical procedure followed in this type of study. Mr. Schuh stated the study extended from McCullom Lake west to Wonder Lake Road, from one half mile south of Route 120 to one half mile north of the proposed site, encompassing the areas of concern. Site specific data included fourteen soil borings provided by Meyer Material, which included water level information, the extent of the gravel deposit and soil information. All well logs on record were accumulated, totaling approximately 800 wells. Each well was plotted and the information used to develop the cross section provided in the report.' Mr. Schuh stated enough of the soil borings were used on the cross section to determine the thickness of the clay layer. Mr. Schuh informed Council Meyer Material provided Patrick Engineering with a topographic survey and a Boring Location Plan to assist in determining ground level elevations for the soil borings. For the well logs provided by the State of Illinois the locations were plotted and pulled off the topographic map. Mayor Althoff requested Director of Community Development Napolitano address _ the question regarding the audit of tonnage. Director Napolitano stated every year the City is presented an audit by Meyer Material giving the amount of material mined. The information is cross-referenced with the Phasing Plan on file with the City together with the yearly inspection to determine the fees due. In brief, the fees are determined based upon the audit provided by Meyer Material and the sequencing plan of the mine. Director Napolitano addressed the issue of the 5-foot berm originally proposed by Meyer Material. The proposal was for a finished berm, which upon completion of mining could be landscaped and finished. Subsequently, a two-step terraced berm has been proposed. The berm will be 5-feet on the outside and 10-feet on the inside, allowing them to still meet the ordinance requirements but not requiring an excessive amount of earthwork following completion of mining operations. Addressing the question of noise levels, City Administrator Lobaito stated the City uses sound metering equipment to ascertain compliance with City noise standards. Mr. Bill Clayton inquired about an article he read in the Northwest Herald on May 19, 2002, regarding Meyer Material's reclamation and development of 39 homes surrounding a 60-acre lake. City Administrator Lobaito explained the City's development standards and requirements, iterating the City does not want to obligate itself to a binding plan for development on this parcel of property until the reclamation process has been — completed. Alderman Murgatroyd expressed concerns regarding whether the use is appropriate on the north side of Route 120. May 20, 2002 Page 17 Motion by Bolger, seconded by Low, to direct the Petitioner Meyer Material to move forward with preparations for a Public Hearing. Voting Aye: Bolger, Glab, Low, Wimmer Voting Nay: Murgatroyd. Absent: None. Motion carried. Mayor Althoff stated the City will keep objectors and interested parties apprised of when the Public Hearing will be conducted. MAYOR-•STATEMENT AND REPORT Mayor Althoff stated she had an item for Executive Session regarding Potential Litigation. Mayor Althoff informed Council of her recommendation to appoint Jerry Rankin to fulfill Father Sherry's unexpired term on the City's Police Commission. Alderman Low opined Mr. Rankin is a good man and will be a fine addition to the Police Commission. \.. Motion by Bolger, seconded by Low, to approve the Mayoral Appointment of Jerry Rankin to the Police Commission with a term expiring April 30, 2005. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. COMMITTEE REPORTS Alderman Low informed Council at the Parks and Recreation Committee meeting held last week on May 16, 2002 a Committee Meeting was tentatively scheduled for June 11, 2002 to meet with Carol Chrisman to discuss Skate Park Events scheduled for 2002. Alderman Low requested the Parks and Recreation Committee Meeting be rescheduled to June 12, 2002 at 7:00 p.m. in the Alderman's Conference Room. Chairman Alderman Bolger informed Council three items were discussed at the Public Works Committee meeting held on May 6, 2002: The parking issue on Dartmoor Drive; A request for a sidewalk on the west side of Green Street from Miller Drive to the Municipal Center; and A request for a sidewalk on the north side of Anne Street. �-` Chairman Alderman Wimmer informed Council a Community Development Committee Meeting is tentatively scheduled for June 3, 2002 at 3:30 p.m. in the Alderman's Conference Room. May 20, 2002 Page 18 DEPARTMENT HEAD REPORTS Chief of Police O'Meara stated with regard to complaints received of residents parking vehicles across sidewalks in the Green Valley Subdivision, the Police Department has responded by employing verbal warnings followed by written warnings. To date, there has been no need to issue parking citations as most residents seem to comply following a verbal warning. Police will continue to monitor the subdivision for violations. Director of Public Works Marcinko announced Riverside Drive is open to vehicular traffic. Final resurfacing will begin the week of June 20, 2002. Director of Parks and Recreation Merkel informed Council he received notification from the Illinois Department of Commerce McHenry has been awarded a Hometown Award for the Skate Park. The award ceremony will take place in June in Springfield where the award will be presented. Director of Parks and Recreation Merkel informed Council the Meijers Fresh Store presented the City of McHenry with a substantial monetary donation to be utilized for Petersen Park waterfront improvements. Director of Community Development Napolitano informed Council Staff met last Thursday with Roger Gerstad regarding development of the property at the northwest corner of Crystal Lake Road and Bull Valley Road as part of the Backus-Brackman Annexation Agreement, which includes Boone Creek. Mr. Gerstad is contemplating a townhouse development. Director Napolitano assured Council he would keep them informed as additional information is received. City Administrator Lobaito advised Council Staff and the Mayor are working to sort out the proposed Route 120 improvements and the possible impact on businesses when more right-of-way is taken for the widening of Route 120 by the State of Illinois. Information is being accumulated to assist the property owners. NEW BUSINESS Alderman Low informed Council just prior to the Council meeting this evening she received a telephone call from Roseanne Panik, a resident at 2000 Oak Street. Mrs. Panik requested a bonfire permit be issued for Saturday, May 25, 2002 from 9:00 p.m. to 10:30 p.m. Ms. Panik told Alderman Low she was unaware of the requirement for a permit before being informed by her neighbor. Mrs. Panik inquired if Council would make an exception and approve her request for a bonfire permit. Motion by Bolger, seconded by Wimmer, to approve the request for a bonfire to be held on Saturday, May 25, 2002 from 9:00 p.m. to 10:30 p.m., at 2000 Oak Street, subject to Mrs. Panik coming to the City Clerk's office to fill out the required application and obtain burning restrictions from Staff. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer May 20, 2002 Page 19 Voting Nay: None. �— Absent: None. Motion carried. Alderman Murgatroyd inquired about the gate that was to have been installed at the park on Dartmoor Drive. The park is in use and the neighbors are concerned about the park not being used after dark. Director Merkel assured Alderman Murgatroyd he would look into the matter and advise him of the status in the Friday Report. Alderman Glab expressed concerns regarding how the contractor is directing traffic during construction on Royal Drive and Crystal Lake Drive. Alderman Glab requested Staff research the matter. Director of Public Works Marcinko advised Alderman Glab he will research the issue and address it in the Friday Report. EXECUTIVE SESSION Motion by Bolger, seconded by Murgatroyd, to go into Executive Session at 9:50 p.m. to discuss Potential Litigation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:57 p.m. Motion by Glab, seconded by Low, to return to Open Session at 9:58 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:58 p.m. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 9:59 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:59 p.m. YOR CITY CLERK