McHenry Times

City of McHenry City Council met Aug. 7.

Here are the minutes provided by the council:

Roll Call: Mayor Jett called the roll call.

Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle, Administrator Morefield, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff, Deputy Clerk Johnson, and City Clerk Ramel.

Pledge of Allegiance: Mayor Jett led the pledge

Consent Agenda. Motion to Approve the following Consent Agenda Items as presented:

A. Per the City’s Purchasing and Procurement Policy, the acceptance of a low bid proposal from Advantage Mechanical, Inc of McHenry in an amount not to exceed $17,310.00 for the emergency replacement of air conditioning equipment at the Regional Pump Station. (City Administrator Morefield)

B. Block Party request on Carey Drive on August 19, 2023, from 12:00 noon to 11:00 p.m., pending the receipt of signatures from all residents affected acknowledging their approval of the party; and a Block Party request on Jennifer Lane on August 19, 2023, from 12:00 noon to 10:00 p.m. (Deputy City Clerk Johnson)

C. Parks & Recreation Facilities & Special Use Permit Requests;

D. July 17, 2023, City Council Meeting Minutes;

E. Issuance of Checks in the amount of $1,578,530.73

A motion was made by Alderman Santi and seconded by Alderman McClatchey to approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.

Individual Action Item Agenda 

A. Public Hearing - Land Reserves Annexation Agreement Hearing and Continued Public Comment

Mayor Jett made a motion at 7:03 PM to enter Public Hearing.

Director Polerecky spoke regarding the original meeting on June 5th when this topic was first brought to council. Some of the following changes were revised:

Elimination of primary crusher, an extension of sewer and water, withdrawal of all variance requests, new hours M-F 6 am- 6 pm (reduction of hours), paved area wash station and exit to Route 120, increased enforcement language, and increase in monitoring of the wells.

Attorney McArdle asked Director Polerecky to expand on the other additions as well. These included: EOPC 125% these changes are reflected in paragraph 7 and page 147 electronically along with added language in section 2B adding in no crushing greater than 5 inches, no concrete crushing, and no recycling. These were amended to the proposed agreement.

Larry Thomas from Stanley Consultants was present at the meeting. He presented a report of the findings from the hydrological study from the prior week, which not all have had the chance to review. Will summarize the three conclusions and 6 recommendations and give his qualifications for the residents to know more history regarding his expertise in his position.

The materials that are used went through the Super Aggregates and were reviewed. The direction of groundwater NW to SW was the flow, but after looking more detailed the water in that site could run in any direction from that site. There was some question in the direction of the flow of that property. Several of the documents were reviewed, according to Larry Thomas as he spoke to the residents. The hydrological study was also reviewed. The water quality testing will result from determining which way the water is flowing. Groundwater containments have not been found in any of the documents per any of the McHenry current gravel pits. If not careful they can be a route to water contamination, however. Buried tanks have the most chance of contamination.

Conclusions: Groundwater quantity will not be reduced in the mining operation, no matter what direction the water flows it will continue that way and will not reduce the flow of the flow. Contamination of the water is very unlikely, the management practices are important, but not a guarantee of no contamination.

*Clerks Note- Below is a summary of speakers during the public hearing period, however, the full comments section can be viewed through the YouTube recording of the meeting. 

Public Comment: 

Bob Roitbalt- Talked about noise levels, which are above 85 decimals, this kind of equipment can be over that at 86 decimals. Home values within 3 miles would be reduced by 4.9%. Wanted to deny the application for annexation. Berms and vegetation should be added to help with noise and site applications.

Nick Finia- a resident of 17 years, behind the Meyer Gravel Pit, said the noise and dust are false, they lived it for 17 years. Talked about the hours of operation and how sometimes these times happen even earlier. Trucks not covered in tarp, rocks falling on vehicles behind them, the noises as well. Dust is out of control cannot open windows, or patio doors.

Robert Hunter- Riverside Chocolate Factory, stated that he has heard many voices and it is of those from families and customers. Many voiced health concerns, water concerns, and others that they have been personally hearing at his business. Would like to support their wishes by saying “no to the gravel pit”.

Stephanie Tesnegler- Talked about the dangers of the property, talked about contamination as well as the soil type as well as the effects of the mining.

Kathleen Schluefer- retired attorney, resident of Lakemoor. Has valid concerns regarding the risks of the gravel pits, water supply, traffic on 120, noise, and dust will not be the same as it is today. Talked about Planning and Zoning and how they denied this, to begin with. Talked about violations by Super Aggregates that were public records.

Carroll Monson-30 year resident, asking the council to vote for McHenry residents, talked about making the right choice.

Terry Kappel – Democratic precinct, the public should have the right to deny gravel pits that are located near subdivisions, and the public should be able to make regulations that are not near the residential areas. He is not against gravel pits and what they provide, no sense in the middle of a residential area. Who will reclaim this site, is another issue brought to the attention.

Rhianna Brown- a resident for over 30 years, talked about the concrete drivers. Her dad used to drive for Meyer and talked about the time he took the time to drive down there. Her dad had a first heart attack and was told that breathing in the silica causes and then was diagnosed with colon cancer. Remember those that will be directly impacted.

Jennifer Brown- Talked about living across from a gravel pit for the last 15 years, Valley View is where her children attended surrounded by all three sides of the gravel pit. She is also a teacher as well, stated that she has not seen any issues with dust from the gravel pit or has heard of any issues with children getting sick. West side of the classroom with windows open facing the gravel pit the room was not dusty.

Jennifer Weinberg stated that she is an Eastwood Manor resident. She doesn’t believe this will generate revenue for the City. There are too many “what-iffs” with issues with the water table and air pollution. She warns the Council that this will be their legacy and not the other improvements that have been made. People will remember this on election day.

John Gacek- resident over 50 years with family. Talked about groundwater contamination and what is the plan that is specific to this site if there is a disaster, and who will pay for it and take care of it.

Ann O’Connell- resident of Johnsburg, Chapel Hill Road. Her husband is sick and talked about the fires and he could not go outside. The main concern is the air quality, and if he cannot go outside and the quality of life. Along with the kids that go to the schools and mentioned sports and things where kids are outside and the air quality along with the traffic.

Ginger Coull- a resident who lives close to the Thielen Pit, talked about how much noise and dust she has experienced.

Glen Reid- a resident, talked about how he lives 150 feet from the pit. Showed everyone the Peony Bush and how it was covered with dust. Talked about the fumes and about how the effects happened years later.

Heather Woodward- resident 12 years, serious negative health effects on the people of McHenry particularly those in the schools of the surrounding area. Talked about the air quality studies and how that has not been done. Just because you do not see Silica doesn’t mean that it is not there, along with the traffic study as well. The current land owner doesn’t have the use for permitting a gravel pit.

Christine Layton-37 years ago, Jack would convert the gravel pit into home sites and it has never happened. Regarding that one on the route. Talked about the noises that she experience, the dust all day five days a week, looking out her windows to see soil, dirt, concrete, and how her land now floods. She is a retired teacher from Valley View School and there is dust when she went to walk out to her car. She is speaking the truth about the dust and the noise. She recommends getting into a position where there is some control over the business owner if the pit cannot be stopped

Paul Gurns- talked about the dust and the noise and stated that it is disappointing that this is still a concern for the pit. Unanimously it was voted down by Planning and Zoning and is still being concerned. Would like Jack Pease to be a good neighbor and will keep him in the word.

Penny Peterson- If you build a gravel pit around people that are already existing that is one thing, but moving by one is a resident’s choice. Talked about a resident that has a disease from Silica.

Chris Pry-resident and realtor. Talked about how hard it is to sell a home and that buyers are particular about where they purchase to being with. The positive spin is not a reality with buyers. Had buyers cancel contracts based on this risk level. It would be better to approve it for a housing element rather than a gravel pit.

Zach Walters- Talked about how the study seems to be on the quality of the water alone. The right thing to do is say no.

Tom Potts- Talked about the opportunity of McHenry and that this would be a good interest for the community.

Colleen Kuraszek- the resident, talked about conditional use and if this: quoted the planning and zoning statements.

Time Kuraszek – resident, gravel pits do not belong in the residential neighborhoods. Talked about the 6 am and how the noises are. Showed a map of how many homes will be affected by 470 homes within ½ mile with 1,000 people in those homes. The comprehensive plan doesn’t mention the gravel pit.

Taylor Hill- resident, 5,000 petitioners that are against the gravel pit. Loss prevention program for when they sell their homes at a loss value. Is there going to be a traffic program that the 1500 trucks that will occur as well, along with the safety program regarding the schools and the crossing of the schools? How will the air quality as well as the pets and gardens? Wanted to know who will oversee the gravel pit and keep the promises.

Lexi DeWitt- resident 8 years, benefits only for Super Aggregates. Wanted to know how this will help with the town. Stated that people will die if moved forward.

Luke Rose – Talked about the primary concern of health. People that live within 500 miles of the pit cannot grow crops etc. There has been a lack of communication regarding this topic. Sounded like a blueprint for best practices has been outlined but did not outline the health of those. Questionable of zoning ordinances in the history of the town.

Sharon Lane- resident, also a realtor. Wanted to know if we should be digging more gravel pits, they are not economic development they are destruction and mention global warming. This should be for development. The county will get the fight of their lives if approved.

Michelle Anstedt- resident, mom of 3, talked about being outside and concerned about the air. Stated that one of her children’s needs is a concern as well. The noble thing is to vote no and stand with them against the county.

Mike Clark- a resident, and retired policeman, stated this was a bad deal, selling the land that will not allow any benefits for the city. Vote no.

Jim Heary- a resident, would like the city council to uphold what they have been voted to do and stand with the

Kelly Wagenor- the county stated that if it comes to the county for the people.

Dawn R- resident, concerned about the health of the people coming here from Antioch is beyond words when it came to this pit, would have never moved here almost two years ago.

Juan Q- a resident, from Chicago, moved here about two years ago. Normally to see this occur in Chicago when public parking was sold to a private company seemed like a good idea and then become a bad deal. What may look like a good deal will not look good ten years from now. Moved here stated that people would fight and want clean air and water. Hold yourself to a higher standard, you sever us.

Gloria Vanhoff- County stated that they are ready for the fight on the county board, vote your concise.

Kimberly Kolodzik – a resident of Dutch Creek Estates, stated that Jack Pease was not a good neighbor to her. Talked about the current state of the area and how things were left abandoned.

Tom Floss- resident, of Wonder Lake for 35 years, lived in Volo for 7 years. Very familiar with the gravel industry in construction but has a construction background as well. Nothing against Jack Pease would like to talk about the West end, talked about dust and Meyer Material, and how they used to wet down the road and dust up to Valley View Road. Weigh the short-term gains for the long-term pain.

Jack Pease- Aggregate- Wanted to respond to some acquisitions that were made and explained his stance on those. He also went over some of the benefits of having the gravel pit as well as talked about many of the concerns that the residents had from the public comments above.

At 9:32 Mayor Jett close the Public Hearing portion of the meeting.

B. Super Aggregates Mining – North of State Route 120 and East of Chapel Hill Road

i. Motion to approve an Ordinance Authorizing The Execution Of An Annexation Agreement Between The City Of McHenry And Land Reserves, LLC Concerning 110 Acres Located North Of State Route 120 And East Of Chapel Hill Road. (Vote required for passage: 6 of 8 City Council members, including the Mayor) 

*Directory Polerecky amendments: Sections A – B add the word recycling asphalt concrete or related grinding activity. 7 add the language of the engineer.

Alderwoman Bassi thanked the No Gravel Pit group regarding the work put into this. Wanted to know if there were anywhere from 50-100 trucks today. Have you had any conversation with Lakemoor, seems the trucks will be going East in their opinion. Jack Pease confirmed that there was no conversation.

Alderman Santi thanked everyone for coming out and having a discussion regarding this. There is a control concern regarding this, as a whole, would much rather have the control as a smaller entity.

Alderman McClatchey the biggest concerns stated the added traffic, and would like something nice to be their homes, ice rink, etc.

A motion was made by Alderman Koch and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Glab, Alderman Strach, Alderman Koch, Alderwoman Miller. 3-nays Alderman McClatchey, Alderwoman Bassi, Mayor Jett, 0-abstained. Motion denied.

No public comment.

*Clerks Note the following items were not voted on*

Alderman Glab asked if withdrew he and will have to start over with the process. Attorney McArdle stated withdrawing is suggested at this time there is no agreement to move forward.

Jack Pease, would like to keep intact the conditions and would like to move forward to withdrawal but would like to continue forward and bring those forward.

A motion was made by Alderman Glab and seconded by Alderman Strach to approve the withdrawal of the following individual action items by Jack Pease – Super Aggregates due to the first motion being denied: Roll Call: Vote: 8-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.

ii. Motion to approve an Ordinance Annexing To The City Of McHenry 110 Acres Located North Of State Route 120 And East Of Chapel Hill Road. (Vote required for passage: 5 of 8 City Council members, including the Mayor) 

iii. Motion to approve an Ordinance Granting Approval of a Preliminary and Final Plat of Subdivision of McHenry Lakes Business Park Subdivision in the City of McHenry, McHenry County, Illinois (Vote required for passage: 4 of 7 City Council members) 

iv. Motion to approve an Ordinance Granting A Zoning Map Amendment and Conditional Use Permit For Earth Extraction, Earth Materials Process Operations, Asphalt/Concrete Recycling Operations, And Outdoor Storage Associated With The Operation Of A Gravel Pit And Construction Of A Lake. (Vote required for passage: 4 of 7 City Council members) 

Public Comment: 

Laurie Martinez – 7 years ago moved to McHenry, went into the basement stated that the water was gushing through the basement, and found out that it was raw sewage. Called 911 and had the water shut off. Stated that there was a city sewer line that was clogged. Hired a professional to help clean. Many of the items that were damaged were mementos in boxes. Out $35,000 state many said it was the city’s fault. Needed to get the sewer line jetted. Started the jetting process and stated that the line was going to pieces. They also had to pay for the sewer line. Did go ahead and call the city because she wanted to have a meeting with the Mayor so she can explain, but the city has not been helpful.

Attorney McArdle stated that the claim has been denied through the city insurance and stated that there is no liability. Mayor Jett stated that he would be happy to connect with the resident to talk further with her and the council.

Staff Reports: D156 Thank you to McHenry West from Administrator Morefield, for allowing us to utilize the space and for all the help that was provided this evening. Many thanks as well from Mayor Jett to Aaron Grieves and Monte Johnson for their help tonight as well.

Mayor’s Report: Mayor Jett spoke a bit about his vote and stated that many hours went into working with Super Aggregate, not as much as staff, but he had a gut feeling you have to go with your heart per his vote.

City Council Comments: Alderwoman Bassi wanted to make sure that the noise volume was not as high regarding the Blues Brew and BBQ.

Alderman McCathcey wanted to know about the Public Works Director. Stated that there will be an opening being posted tomorrow.

Alderman Glab stated that talked with a resident regarding the barn and wanted to know about the plan regarding the use for the public and what the plans are regarding it. Would like to add this to an agenda.

Alderman Santi had a tough decision tonight make your vote and move on together. Executive Session as needed: Not needed

Adjourn: A motion was made by Alderman Santi and seconded by Alderman McClatchey to adjourn the meeting at 10:38. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried.  

https://cms8.revize.com/revize/mchenryil/Document_Center/BoardDocs/City%20Council/5.I.%20Amended%20Minutes%208-7-23.pdf