Wednesday, Dec 13, 2017

Merryman in violation of agreement

Merryman Aggregates, which owns a 45-acre site east of Walmart on McGuire Road that is being mined for gravel, is in violation of its annexation agreement with the city of Harvard after failing to make its payment to Harvard in 2014.

The agreement called for the company to pay the city of Harvard fee of $48,750 to be paid in two installments due Sept. 1 and Dec. 1 each year until the fiscal year 2022-23. The agreement was originally created in 2009 and called for a yearly fee of $97,500 annually until 2013. In January 2011, the agreement was changed to its current form.

City of Harvard Administrator Dave Nelson sent Merryman a notice of breach of annexation agreement Dec. 3 via certified mail but has not heard from the company.

“[Merryman] is in default,” Nelson said. “They have not paid since last year.”

The city of Harvard ordinance committee, made up of alderman Carl Opper, Brian Leyden, Raul Meza and Phil Ulmer, will meet at 6 p.m. Tuesday, Feb. 10, at city hall to discuss the matter.

“We’re going to talk about what the remedy is at the ordinance committee,” Nelson said. “Do we enforce the agreement? How do we enforce the agreement? Do we want to [eliminate] the special use permit? Do we want to reclaim the property? These are all questions for the committee. I need direction from them.”

Nelson said city attorney Carlos Arévalo will advise the committee on the options for a course of action.

City Council meeting Jan. 27

The following actions were taken at the Harvard City Council meeting Jan. 27:

Approved a petition for relief from side yard setback requirements abutting a residential zone for property at 21007 McGuire Road;

Approved a petition to widen the driveway at 509 Old Orchard Road;

Waived the no-parking restrictions in the 1,100 block of the west side of Garfield Street for Sunday, March 15, for the Dean's Wrestling Tournament;

Approved extended Sunday hours for liquor sales from 11 a.m. to 7 a.m. for Sunrise Liquor, 100 Admiral Drive; Approved a Class A liquor license for J's Lanes, 5507 Division St;

Reviewed a request for purchase of city property at 1005 S. Dewey St. The property is a 10-foot strip that borders a lake. The city owns five pieces of property in the area and will sell them by sealed bid. The public property committee will review the proposal.

Announced the next City Council meeting will be held Tuesday, Feb. 24, at Harvard Diggins Library.