HomeMy WebLinkAboutMinutes - 3/7/2001 - Committee of the Whole ,�
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COMMITTEE OF THE WH�LE 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 cail tf�e following Aldermen were present: Bolger, Glab, Low,
Murgatroyd, Wimcner. Absent Nane. City Sfaff in attendance�were: Ciiy Administrator
Lobaito� City Attorney McArd{e, Director of Community Developmen# Napolitano� City
P(anner 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 Gravet Pit (ocated on the west side
of the City: She stated concems expressed by residents has prompted the Committee to
permit members of the audience the opportunity fo address the Committee during this
meeting.
In attendance were Attomey Thomas Zanck of Mititello, Zanck & Coen, representing
appiicant, Meyer Material Company; Allen Miller, applicant; and Danald Palmer of SmitF�
Enginaering Consultanfs. �
Attorney Zanck provided an overview of the proposed 157-acre expansion of the
existing Meyer Material Gravel Pit operation. He stated the subject propetty woutd be
divided into three separate ce(is on the north side of Raute 120, which would be mined
concurrently with similar sized cells on the sou#h side of Route 120. The Applicant is
requesting the property be zoned RS-1 residentiai with an agricultural-mining overlay. He
noted the Applicant is a(so requesting a conditional use permit to al(ow gravel mining for
five to se�en years, perhaps longer, depending upon market demands. No gravel truck
traffic woufd be entering or exiting from the, properfy. A small access would be required to � �
accommodate service vehicles. Attorney Zanck nofed the Applicant's reciamation of the
property, fo((oinring completion of the mining operation, wauld 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 Councii stating Meyer
Material Company has been a leader in the sand and grave! indus#ry for more than forty
years. He explained the subject propert�r is under contract to purchase� contingent upon
zoning approval. Mr. Miller stated tfie aggregate wil! be exposed at the site and
transported via undecground 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 alf other operations will be performed. Fo(fowing the mining process the 80-
inch pipe tunnel would be abandoned and fclled in as stiptrlated in the permit with Illinois
Department of Transportation (�IDOT°). �
Mayor Althoff requested a copy of the IDOT permit for boring under Route 120. Mr.
Miller s�ated the permit wil! not be issued until Meyer Material Campany receives zoning
approval and provides IDOT with a copy of the Annexation Agreement. He noted the plans
� for the tunne! have been submitted to IDOT and have �eceived preliminary approval.
March 7, 2002
Page 2
Mr. Mil(er noted a large backhoe and a front end loader wouid be the oniy two
pieces of equipment to run consistently on the praperty. 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 p roperty. � ,,
Mr. MiI(er stated in deference to concerns regarding noise affecting ,the Martin
Woods Subdivision residents� tests have been� conducted regarding utilization ofi 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 �oning 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. Mi11er advised Meyer Material is willing to comply with both conditions stipulated
by the Zoning Board of Appeals. •
ftesponding 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 caufd adjust the hours of operation.
in response to Alderman Glab's. inquiry Mr. Miller stated reclamation would .be
ongoing� th�oughout the mining process and completed approximate(y one year�fol(owing �
cessation�of mining activities.� Alderman G{ab stated�a time limit for recfamation should be
made a par� of the Annexation Agreement if Council proceeds with a Public Hearing for�
Annexation. �
� � � �n response to Alderman Murgatrayd's inquiry, Mr. Miller stated the topsoil is
stripped ofif and stock piled. The layer af c[ay and silt is afso stockpi(ed then tfie gravel is ,
excavated out and the clay and topsoil is replaced graduafly 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. Mii(er introduced Donald Paimer, of Smith Engineering Consultants. Mr. Miller
noted Smith Engineering Consultants was hired by�Meyer Material to assisf in formulation
of the mining operatiort p�an.
Mr, Palmer explained there is a shailow groundwafer aquifer in the vicinity of the
project. He stated published material was reviewed rega�ding groundwater resources in
McHenry County. The excavation would tap into a broad shallow aquifer, which extends
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March 7, 2002 �
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4,000 to S�OOp acres across McHenry Coun
observation has demonstrated excavated lakes
leve(s minima(I �• �perational experience and fiefd
Y• !n response to qlderma� M��9at oyd'sr � ua�!<<t�es affect groundwater
water leve! wifl remain approximafe1y the same b
degree. q ry� N1r• Paimer advised the
. _ ' uf may �arY seasonaily to a minimal
Mr. Pafiner stated, in his professionat opinion
sha[(owwelis.surrounding the proPe�,, The p(a�ne
Meyer Material is not raising o� �oWe . �.there wiil be fittte or no impact on
excavated take. Respo�dir� to d °Peration is�not a dewatering p�ocess
rrng t�e groundwater but is effective�y creatin
as a wel1, which faps info the� Mayor Ajfho�s �� u� g an
f�e�. Mr= •Palmer noted
pper most aqu�f�r w� a dep fh o f aer d�efined a shalfow well
Aublished m a t e r i a l s a r e availabfe indicat n X�r,m a t e ly t h i
exi s t H e s t a t e d e xcavation a�the site would take rtY to �f�y
the �water. Afderman Glab requested Staff obtai � here the aquifers
pertaining to the aquifer to share w' p�ace approximate[y fo
n a copy of an �'f ve feet be�ow
rth the Council. � Y Published information
Responding to Alderman Lo�S in ui
be entering or exitin q r'Y, Mr. MiJter canfirmed no grave! truck
wou(d be used primaryilf rbm �h� �0�h side of the prQpe
Y Y emPloyees and mechanics h repa��ma�h� Sery��e enf ance
In response to Alderman Murgatro d's 1��ry
undemeath the tayer Qf grave! runs a
anofher a uifer, Pproxin�atel �u�ry' Mr, Mi11er stated the cfa
q Mr. Miller advised no washin Y 180 �0 190 feet dee y �aYer
and stockpiling, q11 cfeanin 9 wou[d take place at the slteron�reaching
of Route 12p, � 9� washing and crushing would be done at the exis ' y m�n�ng
trng p�f South
Respanding ,#o.A(derman Botgers.in ui
urttif 2018, Mr. Miller stated the possibifity exists o
�required b the Zon�n q ry ��9arding the �ariance to e
y g Ordinance. Aerations may be com �lef d �+t mming
120 would cease concurrently, in no ase later th ted�operations nor�F� antl sout y 20�2 as .
a n M a y 4, 2 0�8, n o f R o u t e
. . in response to Alderrna n B o fger's inqui M
t he Be(videre pif approximatety four ry' r• M���er stated
nofed the Befvidere pit was mined a�aSro f Meye� Mafena� closed
p rn, y '�hba6 s�v�U�� pit has been reclaimed, He
pro e was recfaimed and returned fo t�e oyy�er
Dundee, which.clo,sed in 1gg8� WaS �eclaimed a p R expiratian of the lease the
in Carpentersville, which closed in 199 • Mr' Mjjfer stated a
nd turned into a W�(��ife refu e9ravel pit in
containing over 100 homes. 7! rs currently under developmenf as a Subd ve�,pit
reclamations . M�• Mi1ler provided numerous
. phofographs of ���s�on
. previaus
A(derman Gfab nofed the ComprehensJ�� pfa
area atong Route 12p is Zoned Commercial. � appears to indicate a portion
Napolitano stated there is some pto e of the
east of the designated ��rector of Communi
p � a�on9 the frontage of the north si e of RoutPment
parcel, zoned commetcia! and industria(. . e 120,
Responding to Afderman Glab's inqu�ry Direct
or Napolitano stated, in acco��a�„e
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March 7, 2002
Page 4
with previous agreements and current practices, the City of McHenry currentiy receives
$3.75 per ton of materials mined from the site.
M r. Miller nated the Applicant has agreed to the installation of a !eft hand turn lane
westbound on Route 120. Additionaliy, Meyer Material will abide by the City's Tree
Preservation 4rdinance"regarding any trees located on the site as indicated by the tree
survey submitted to the City. . . ,
� Mayor Aithoff opened the floor to quesfions/camments from the audience. Mayor
A(thoff stated a(I 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 deveioped for the berrn 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 pian at this time.
• Is there a purchaser, or developer, who woufd conduct the reclamatian of the gravel
pit? '
o Mr. Miiler stated Meyer Material is not a developer, but� preliminary studies
� . have been perFormed and Meyer Material may consider developing the
properiy following reclamation.
Ci#y Administrator Lobaito noted some preliminary discussions have taken
place. The App{icant 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 Cdnsuitants 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 hydrologisf empfoyed by Smith Engineering?
Mayor Althoff noted Mrs. Car�non's conc�rns assuring her the question wou(d be
addressed at the Public Hearing shou(d the process move forward.
dianne r. turnball, of 'f70 Ash Avenue Woodstock announced she has been asked
to represent McHenry County Citizens Concemed for an Organized and Responsib(e
Environment (McCORE) and present their concerns and comments to Councif. Ms.
turnba(I presented Cauncil with binders summarized as folfows:
. Air poflution 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 Pro#ectian Agency Standards for particuiate matter. Ms, turnball
suggested Council require Meyer Material obtain an independent study on air
qua(ity at the existing pit site to determine compliance including the cumulative
March 7, 2002
Page 5
impact of the proposed projec�
• Nofse poUution - Citing State 1aw based upon 9 octave bands N�
expressed McCORE's concerns regarding the increases vofume in�thesareurnball
noise pollution resulfing from the project. Ms. turn bafl noted State law ca a �nd
sound to be measured at the border of the property in uestion. �ts for the
requested Council requi�e Meyer Material to perferm an independent stud �CORE
existing gravel pit, to determine compliance vtiri� S�te standards an y' a� the
. � impaet from the equipment to be installed at the proposed site. � d PQ�ential .
• Water and wells in the vicinity - McCORE requested a � �
impartial study for water qua���y and water quantity at the p opo ed s�t�es� pe�orm an '
• Tree preservation — Ms, turnbalf noted a nurnber of trees are focated on
inc�uding a mature stand of oak #rees. She reguested Council adhere �he site,
Comprehensive Plan regarding the environmental corridor, to the 19gg
•' �Five foot berm is of insufficient height to inhibit sand and dust b
and polluting the vicinify. �o�ng off the site
• Operation standards — Ms. tumbatl nofed the operation standards re uired
of the 1988 annexation ordinance for the excavation on the soutf� side of Ro as part
were not in compfiance. Ms. turn bafl indicated there is evidence regufar ins uee ?20,
have not been perFormed at Meyers pit on the soutF� side of Route 120 as p �trons
by the ordinance, McCORE requested immediate tnspectian of the S required
gravel pit to determine compliance wifh alt the standards of the anne side
agreements and zoning ordinances, xation
information or report foi(owing inspections,cCORE also requested a copy of any
� Reclamation Ptan - Ms. turn ball noted it appears Meyer Material Com a
followed the Recfamation Plan fifed with the Annexation Agreement for the Y.has not
south side of Route 120, which indicates a ten phases process of rec p��°n the
, . McCORE �equested.the City evaluate the accuracy of information re ard'mation.
which has. been�mined a�nd not rec(aimed in compliance with g ��9 (and, ,. �
land reciamation. AIIcCORE requested a�co existing standards for
reclamation study and/or inspec�ion. �Y °f any �information resulting frorn a
• • ' Barbara Schurr 73i8 West Route 120, stated her family owns the ro e
the proposed site. She expressed concerns regarding safety issues duri
operations. Mr. Milfer stated by ordinance Me er Ma � p P � east of .
� 6-foot woven wire fence. Responding to Mrs. Schu �g �he mining
Y terial Company is required to install a
the Iake for recreation purposes following reclamati nS MruMilleryres �ond
g public access to
not have pub(ic access. P ed tf�e lake will
Clarice Currier 2904 Cher hi!! Court, inquired �about the tree surve
percentage of the trees were (arge trees. MayorAlthoff agreed to provide Mrs.C and what
a copy of the tree survey containing the information requested. . urrier with
Biil Cfayton. 2711 Tom(insn� n�;..a
concern regardmg contaminants frlfering th ough o the aauifercontainment, and voiced his
9
Jer Luciano a resident of the east side Wonder Lake, expressed c
oncerns on
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behaif of residents of Wonder Lake regarding contamination of the aquifer and
Meyer Materia( Company had intentions to expand further fopowing this ex fnquired if
would mining be limited to this parcei on�y, Nlayor Afthoff sfated Mr. Mitler hadavation or
the candition recommended by the Zoning Board of Appeals that minin be (imi a9reed to
parcei of properly and not expanded further. . 9 ted to this
Dr. Ken Reiser 6102 Whiteoak Drive stafed his understandin McHe
requires wells be insured against damage, from contamination from a ravejy County
� inquired if the City of McHenry has a simi(ar service or plan fo provide a simil P�t' He
should the wells in Martin Woods be damaged. Mayor Althoff opined she does ar service
such a service currently exist in the City of McHenry but wi(! research the ma�t �elieve
informed•Dr. Reiser Staff is currently pe�o�i�g a defailed ana(ysis between t tter, She
requirements and the Ciiy's requirements regarding mining o erations, he County
inferjected sfating he contacfed the County and spoke by telep�one to fhMf� Zanck
McHenry County Planning Department. He was unab(e to discover any violation head of
indicating contamination by a gravel pit, of an on record
Additionalty, there is no record of any noti�icat on +nered ct on of o umetored County weils,
cessation of the abili t y to d r a w w a t e r f r o m a p riva te we 1 1. � n a p r i v a t e w e l! o r
Responding to a Martin Woods resident's inquiry regarding how man ra
had been started in estab(ished neighborhoods, Mayor A(thoff stated the infoy 9 ve1 p�ts
not readily available but assured the question would 6e answered upon com a�fon was
in€ormation. p at�on of
Bruce Ga a resident of Wonder Lake, stated he has obsery
east side on Wonder Lake Road and inquired about the results. Resp ndint fo�es on the
inquiry Mr. Mi([er stated the test holes were on tf�e Howe ro e g M�• Gay's
Maferial, Company performed' no tests in that vicinity. and h has n� Mifler stated Meyer
results... , � . , o knowtedge of the
Paul Juske 2907 Cher hi(( Court, opined his conversations with McHen
, . ., have indicated welis in AJgonqu�n F�aye been affected by mining and industria ry CQunty
Gravel mining has resulted in fimiting we1� capac1fy or cess ' � operations,
Mayor Afthoff assured Mr. Juske Staff wou(d research the issue,of the abi1ity to draw wafer.
Ma�or Althoff inquired if it was Councii's desire to continue discussions
the annexation or direct Staff to research questions, provide Counci( with info regarding
schedufe another meeting, rmation and
A(derman Bolger opined there were many issues addressed at the meet'
would be di�cult to formulate an objecfive opinion based upon the informatio r�9 and it
availabfe. He expressed his appreciation to the audience for their sincere �p n cu�rent(y
composure, assuring those in attendance of the Council's atfention. H8 S� eS�ns and
researc� the concerns expressed tonight and attempt to obtain answers�{o fed Sfaff
posed. questions
March 7, 20�2 •
Page 7
It was the consensus of Council to direct Staff to continu
in order to determine issues of compfiance on behatf o e fo work with the Petitioner
requested information and research the availability of the re
sources. lnformation is to be provided f apP���ant, and to acquire the
. to Councit for further consideraton.���es from other
Mayor Afthoff requested anyone wishing natification re �
regarding the.Meyer Material Company annexation provide thei
sign-in sheet. garding future discussions
r name and address on the
, . . . . . . . �
Mr. Zanck nofed regardin �
Campany has $300,000 in bonds w th the City of McHe erning bondin
of tllinois�•for a total of$1,372,000 in bonds on the nry and $1,p729000 th f e State
property,
ADJOURNMENT �
Motion by Murgafroyd, seconded by Bot9er, to adjourn E(1e
meetrng at 9;10 P.M. �
Vofing qy�: Bolger, G(ab, Low �
Vofing Nay: None � Murgatroyd, Wimmer.
Absent: None
Motion carried.
The meeting was adjourned at g;�p p.m.
Mayor � . � � .
� � � � � � � , . � City Clerk �