Loading...
HomeMy WebLinkAboutMinutes - 03/07/2001 - City Council (2) COMMITTEE OF THE WHOLE MEETING MARCH 7, 2001 A Committee of the Whole Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:33 P.M. on Thursday, March 7, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Attorney McArdle, Director of Community Development Napolitano, City Planner Martin and City Clerk Jones. Absent: Director of Public Works Marcinko, Acting Chief of Police Donahue, and Director of Parks and Recreation Merkel. Mayor Althoff advised the purpose of this meeting is a preliminary review of the proposed annexation and expansion of Meyer Material Gravel Pit located on the west side of the City: She stated concerns expressed by residents has prompted the Committee to permit members of the audience the opportunity to address the Committee during this meeting. In attendance were Attorney Thomas Zanck of Militello, Zanck & Coen, representing applicant, Meyer Material Company; Allen Miller, applicant; and Donald Palmer of Smith Engineering Consultants. Attorney Zanck provided an overview of the proposed 157-acre expansion of the existing Meyer Material Gravel Pit operation. He stated the subject property would be -- divided into three separate cells on the north side of Route 120, which would be mined concurrently with similar sized cells on the south side of Route 120. The Applicant is requesting the property be zoned RS-1 residential with an agricultural-mining overlay. He noted the Applicant is also requesting a conditional use permit to allow gravel mining for five to seven years, perhaps longer, depending upon market demands. No gravel truck traffic would be entering or exiting from the property. A small access would be required to accommodate service vehicles. Attorney Zanck noted the Applicant's reclamation of the property, following completion of the mining operation, would restore the property to thirty- nine single-family lots surrounding a 68-acre lake having a depth of 25 feet. Applicant Allen Miller of Meyer Material Company addressed Council stating Meyer Material Company has been a leader in the sand and gravel industry for more than forty years. He explained the subject property is under contract to purchase, contingent upon zoning approval. Mr. Miller stated the aggregate will be exposed at the site and transported via underground conveyor through an 80-inch diameter pipe to gravel pit on the south side of Route 120. Mr. Miller stated the aggregate will then be crushed and washed and all other operations will be performed. Following the mining process the 80- inch pipe tunnel would be abandoned and filled in as stipulated in the permit with Illinois Department of Transportation ("IDOT"). Mayor Althoff requested a copy of the IDOT permit for boring under Route 120. Mr. L Miller stated the permit will not be issued until Meyer Material Company receives zoning approval and provides IDOT with a copy of the Annexation Agreement. He noted the plans for the tunnel have been submitted to IDOT and have received preliminary approval. March 7, 2002 Page 2 -t Mr. Miller noted a large backhoe and a front-end loader would be the only two pieces of equipment to run consistently on the property. He noted the proximity of the property is approximately 3,500 feet west of the Martin Woods Subdivision and advised of Petitioner's intention to install a permanent berm and fencing along the perimeter of the subject property. Mr. Miller stated in deference to concerns regarding noise affecting the Martin Woods Subdivision residents, tests have been conducted regarding utilization of the backhoe and front end loader. Test results indicate the increase in decibels from 50 to 52. Mr. Miller noted the normal noise level is 50 decibels. Mayor Althoff addressed Council noting the Zoning Board of Appeals recommended approval of a Conditional Use Permit to permit a mining operation on the subject property subject to two conditions: • No additional expansion shall be permitted of the mining operation to the north, east or west of the commercial sand and gravel business; and • Site reclamation shall be completed in substantial conformance to the City of McHenry Zoning Ordinance. Mr. Miller advised Meyer Material is willing to comply with both conditions stipulated by the Zoning Board of Appeals. Responding to Alderman Murgatroyd's inquiry, Mr. Miller stated the hours of operation for crushing and washing are currently 6:00 a.m. to 6:00 p.m. It was noted the Annexation Agreement could adjust the hours of operation. In response to Alderman Glab's inquiry Mr. Miller stated reclamation would be ongoing throughout the mining process and completed approximately one year following cessation of mining activities. Alderman Glab stated a time limit for reclamation should be made a part of the Annexation Agreement if Council proceeds with a Public Hearing for Annexation. In response to Alderman Murgatroyd's inquiry, Mr. Miller stated the topsoil is stripped off and stock piled. The layer of clay and silt is also stockpiled then the gravel is excavated out and the clay and topsoil is replaced gradually at a six to one slope. What would remain would be a hard based lake. Mr. Miller noted during the process of stripping the overburden, additional equipment would be required on the site for approximately three months out of the year consisting of another backhoe and three off-road haul trucks. Mr. Miller introduced Donald Palmer, of Smith Engineering Consultants. Mr. Miller noted Smith Engineering Consultants was hired by Meyer Material to assist in formulation of the mining operation plan. Mr. Palmer explained there is a shallow groundwater aquifer in the vicinity of the project. He stated published material was reviewed regarding groundwater resources in McHenry County. The excavation would tap into a broad shallow aquifer, which extends March 7, 2002 Page 3 4,000 to 5,000 acres across McHenry County. Operational experience and field observation has demonstrated excavated lakes at mining facilities affect groundwater levels minimally. In response to Alderman Murgatroyd's inquiry, Mr. Palmer advised the water level will remain approximately the same, but may vary seasonally to a minimal degree. Mr. Palmer stated, in his professional opinion, there will be little or no impact on shallow wells surrounding the property. The planned operation is not a dewatering process Meyer Material is not raising or lowering the groundwater but is effectively creating an excavated lake. Responding to Mayor Althoffs inquiry, Mr. Palmer defined a shallow well as a well, which taps into the upper most aquifer with a depth of approximately thirty to fifty feet. Mr: Palmer noted published materials are available indicating where the aquifers exist. He stated excavation at the site would take place approximately forty-five feet below the water. Alderman Glab requested Staff obtain a copy of any published information pertaining to the aquifer to share with the Council. Responding to Alderman Lows inquiry, Mr. Miller confirmed no gravel trucks would be entering or exiting from the north side of the property. He noted the service entrance would be used primarily by employees and mechanics who repair machinery. In response to Alderman Murgatroyd's inquiry, Mr. Miller stated the clay layer underneath the layer of gravel runs approximately 180 to 190 feet deep prior to reaching another aquifer. Mr. Miller advised no washing would take place at the site, only mining and stockpiling. All cleaning, washing and crushing would be done at the existing pit south of Route 120. Responding to Alderman Bolger's inquiry regarding the variance to permit mining until 2018, Mr. Miller stated the possibility exists operations may be completed by 2012 as required by the Zoning Ordinance. Mr. Miller noted operations north and south of Route 120 would cease concurrently, in no case later than May 4, 2018. In response to Alderman Bolger's inquiry, Mr. Miller stated Meyer Material closed the Belvidere pit approximately four years ago; the Belvidere pit has been reclaimed. He noted the Belvidere pit was mined on a royalty basis. Upon expiration of the lease the property was reclaimed and returned to the owner. Mr. Miller stated a gravel pit in Dundee, which closed in 1986, was reclaimed and turned into a wildlife refuge. A gravel pit in Carpentersville, which closed in 1997, is currently under development as a subdivision containing over 100 homes. Mr. Miller provided numerous photographs of previous reclamations . Alderman Glab noted the Comprehensive Plan appears to indicate a portion of the area along Route 120 is zoned Commercial. Director of Community Development L Napolitano stated there is some property along the frontage of the north side of Route 120, east of the designated parcel, zoned commercial and industrial. Responding to Alderman Glab's inquiry Director Napolitano stated, in accordance March 7, 2002 Page 4 with previous agreements and current practices, the City of McHenry currently receives $3.75 per ton of materials mined from the site. Mr. Miller noted the Applicant has agreed to the installation of a left hand turn lane westbound on Route 120. Additionally, Meyer Material will abide by the City's Tree Preservation Ordinance regarding any trees located on the site as indicated by the tree survey submitted to the City. Mayor Althoff opened the floor to questions/comments from the audience. Mayor Althoff stated all questions may not be answerable this evening, however, questions would be addressed and answers ultimately obtained. Suzanne Cannon of 5917 Tomlinson Drive, inquired of Mr. Miller: • If landscape plans have been developed for the berm around the gravel pit and if so would Meyer Material be willing to share those plans with residents? o Mr. Miller advised there was no landscape plan at this time. • Is there a purchaser, or developer, who would conduct the reclamation of the gravel pit? o Mr. Miller stated Meyer Material is not a developer, but preliminary studies have been performed and Meyer Material may consider developing the property following reclamation. City Administrator Lobaito noted some preliminary discussions have taken place. The Applicant inquired whether the City desired a development plan for the property. City Administrator Lobaito stated Staff requested Applicant consider not submitting a development plan at this time • Is Mr. Palmer of Smith Engineering Consultants a qualified hydrologist? Mrs. Cannon expressed concerns about Mr. Palmer's opinions regarding the mining operation's impact on the aquifer. She inquired if Mr. Palmer's opinions were based on the findings of a hydrologist employed by Smith Engineering? Mayor Althoff noted Mrs. Cannon's concerns assuring her the question would be addressed at the Public Hearing should the process move forward. dianne r. turnball of 170 Ash Avenue Woodstock announced she has been asked to represent McHenry County Citizens Concerned for an Organized and Responsible Environment (McCORE) and present their concerns and comments to Council. Ms. turnball presented Council with binders summarized as follows: • Air pollution in the vicinity of the gravel pit, representing previous studies which indicate current operations of the gravel pit south of Route 120 may not meet Environmental Protection Agency Standards for particulate matter. Ms. turnball suggested Council require Meyer Material obtain an independent study on air quality at the existing pit site to determine compliance including the cumulative March 7, 2002 Page 5 impact of the proposed project. • Noise pollution - Citing State law based upon 9 octave bands, Ms. turnball expressed McCORE's concerns regarding the increases volume in the area and noise pollution resulting from the project. Ms. turn ball noted State law calls for the sound to be measured at the border of the property in question. McCORE requested Council require Meyer Material to perform an independent study, at the existing gravel pit, to determine compliance with State standards and potential impact from the equipment to be installed at the proposed site. • Water and wells in the vicinity - McCORE requested a hydrogeologist perform an impartial study for water quality and water quantity at the proposed site. • Tree preservation — Ms. turnball noted a number of trees are located on the site, including a mature stand of oak trees. She requested Council adhere to the 1999 Comprehensive Plan regarding the environmental corridor. • Five foot berm is of insufficient height to inhibit sand and dust blowing off the site and polluting the vicinity. • Operation standards — Ms. turnball noted the operation standards required as part of the 1988 annexation ordinance for the excavation on the south side of Route 120, were not in compliance. Ms. turn ball indicated there is evidence regular inspections have not been performed at Meyer's pit on the south side of Route 120 as required by the ordinance. McCORE requested immediate inspection of the south side gravel pit to determine compliance with all the standards of the annexation agreements and zoning ordinances. McCORE also requested a copy of any information or report following inspections. • Reclamation Plan - Ms. turn ball noted it appears Meyer Material Company has not followed the Reclamation Plan filed with the Annexation Agreement for the pit on the south side of Route 120, which indicates a ten phases process of reclamation. McCORE requested the City evaluate the accuracy of information regarding land, which has been mined and not reclaimed in compliance with existing standards for land reclamation. McCORE requested a copy of any information resulting from a reclamation study and/or inspection. Barbara Schurr, 7318 West Route 120, stated her family owns the property east of the proposed site. She expressed concerns regarding safety issues during the mining operations. Mr. Miller stated by ordinance Meyer Material Company is required to install a 6-foot woven wire fence. Responding to Mrs. Schurr's inquiry regarding public access to the lake for recreation purposes following reclamation, Mr. Miller responded the lake will not have public access. Clarice Currier, 2904 Cherrvhill Court, inquired about the tree survey and what percentage of the trees were large trees. Mayor Althoff agreed to provide Mrs. Currier with a copy of the tree survey containing the information requested. L Bill Clayton, 2711 Tomlinson Drive, noted water has no containment, and voiced his concern regarding contaminants filtering through to the aquifer. Jerry Luciano, a resident of the east side Wonder Lake, expressed concerns on March 7, 2002 Page 6 behalf of residents of Wonder Lake regarding contamination of the aquifer and inquired if Meyer Material Company had intentions to expand further following this excavation or would mining be limited to this parcel only. Mayor Althoff stated Mr. Miller had agreed to the condition recommended by the Zoning Board of Appeals that mining be limited to this parcel of property and not expanded further. Dr. Ken Reiser, 6102 Whiteoak Drive stated his understanding McHenry County requires wells be insured against damage from contamination from a gravel pit. He inquired if the City of McHenry has a similar service or plan to provide a similar service should the wells in Martin Woods be damaged. Mayor Althoff opined she does not believe such a service currently exist in the City of McHenry but will research the matter. She informed.Dr. Reiser Staff is currently performing a detailed analysis between the County requirements and the City's requirements regarding mining operations. Mr. Zanck interjected stating he contacted the County and spoke by telephone to the head of McHenry County Planning Department. He was unable to discover any violation on record indicating contamination by a gravel pit, of an type, Additionally, there is no record of any notificat on nred ct on of vo ume in a Cr private well ountywelIs cessation of the ability to draw water from a private well. p or Responding to a Martin Woods resident's inquiry regarding how many gravel pits had been started in established neighborhoods, Mayor Althoff stated the information was not readily available but assured the question would be answered upon compilation of information. Bruce Gay a resident of Wonder Lake, stated he has observed test holes on the east side on Wonder Lake Road and inquired about the results. Responding to Mr. Gay's inquiry Mr. Miller stated the test holes were on the Howe property. Mr. Miller stated Meyer Material Company performed no tests in that vicinity and he has no knowledge of the results. Paul Juske. 2907 Cherrvhill Court, opined his conversations with McHenry County have indicated wells in Algonquin have been affected by mining and industrial operations. Gravel mining has resulted in limiting well capacity or cessation of the ability to draw water. Mayor Althoff assured Mr. Juske Staff would research the issue. Mayor Althoff inquired if it was Council's desire to continue discussions regarding the annexation or direct Staff to research questions, provide Council with information and schedule another meeting. Alderman Bolger opined there were many issues addressed at the meeting and it _ would be difficult to formulate an objective opinion based upon the information currently available. He expressed his appreciation to the audience for their sincere concerns and - composure, assuring those in attendance of the Council's attention. He suggested Staff research the concerns expressed tonight and attempt to obtain answers to questions posed. March 7, 2002 Page 7 It was the consensus of Council to direct Staff to continue to work with the Petitioner in order to determine issues of compliance on behalf of applicant, and to acquire the requested information and research the availability of the requested studies from other sources. Information is to be provided to Council for further consideration. Mayor Althoff requested anyone wishing notification regarding future discussions regarding the Meyer Material Company annexation provide their name and address on the sign-in sheet. Mr. Zanck noted regarding any issues concerning bonding, Meyer Material Company has $300,000 in bonds with the City of McHenry and $1,072,000 with the State of Illinois,for a total of$1,372,000 in bonds on the property. ADJOURNMENT Motion by Murgatroyd, seconded by Bolger, to adjourn the meeting at 9:10 P.M. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None Absent: None Motion carried. The meeting was adjourned at 9:10 p.m. ayor city Cyer i