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Judge hoping for out-of-court pact Fox River Grove suit

A judge has asked the village of Fox River Grove to try to forestall a trial over whether it can build a new public works garage by working to address the concerns of people who live near the site, officials said.

Village President Robert Nunamaker said the village will take another look at its plans after the Lake County judge’s suggestion at the Aug. 26 pretrial court date. “First we’ll look at if anything can be done, and then we’ll discuss it with the engineers. Nothing might happen,” he said.

Village officials wants to build the new garage off County Line Road, south of Route 22, but at least 20 residents who live in unincorporated McHenry County near the proposed site object to the project and are suing the village.

“My impression was that the judge was adamant in pushing for the two sides to negotiate,” resident Mark Molenaar said.

He and his wife, Janice, say they are worried their water wells will be contaminated by runoff from salt and fuel, and that noise and lights from the garage will be disruptive. They also believe the new building will add to the neighborhood’s existing flooding problems and that the roads aren’t wide enough for truck traffic, they added.

“If this was just because of the cosmetic aspect, it would be childish on our part,” Janice Molenaar said.

Village officials say that this is the best location for the new garage among the many they have considered over the last few years.

The village recently removed trees from the property and began grading work, which included bringing in some soil, Village Administrator Art Osten said. No construction will take place until the lawsuit is resolved, he said.

Janice Molenaar said she contacted the Illinois Environmental Protection Agency because she believes the soil brought in should have been tested for contaminants; Osten said the village has all the necessary county permits. “We have heard a number of inaccurate claims by those who do not want to see development proceed on that site,” he said.

A few residents have been interfering with the work in progress, Osten said. “They are harassing the contractors,” he said. “They are talking to them, telling them that (their work) is illegal.”

Fox River Grove Police Chief Ron Lukasik said he hasn’t received any direct complaints but has asked the contractor to contact police about any future problems.

The Molenaars say they don’t know of any cases of harassment. Janice Molenaar said she briefly talked to one of the workers. “I opened my (car) window and asked him, ‘Do you know that the dirt hasn’t been tested?” she said. “I don’t think questions would be harassment.”

The village took out about $3 million in loans last year to finance the new garage, and is paying about $130,000 in interest per year, officials said.

No budging in Fox River Grove lawsuit