KANE COUNTY COUNTY DEVELOPMENT COMMITTEE TUESDAY, MAY 17, County Board Room Minutes 10:30 AM

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1 KANE COUNTY COUNTY DEVELOPMENT COMMITTEE TUESDAY, MAY 17, 2016 County Board Room Minutes 10:30 AM 1. Call to Order Kane County Government Center, 719 S. Batavia Ave., Bldg. A, Geneva, IL Chairman Kojzarek called the meeting to order at 10:30 AM. Attendee Name Title Status Arrived Brian Dahl Board Member Present Theresa Barreiro Vice-Chair Present Drew Frasz Ex-Officio Transportation Chair Present Joseph Haimann Board Member Present Michael Kenyon Ex-Officio Forest Preserve President Present John Martin Board Member Present Thomas Smith Board Member Present Board Member Absent Kurt R. Kojzarek Chairman Present Also present: Co. Bd. Chairman Lauzen & staff Nagel, Duffy; Finance staff Waggoner, Calamia; Development Dir. VanKerkhoff & staff Berkhout; Environmental/Water Resources Dir. Anderson & staff Jarland, Govrik, Wilford, Wollnik; KDOT staff T. Rickert; ITD staff Peters; OCR Dir. Berger & staff; Asst. State's Atty. Gaeke; and members of the press and public. 2. Approval of Minutes: April 19, 2016 APPROVED WITH VOICE VOTE [UNANIMOUS] Brian Dahl, Board Member John Martin, Board Member 3. Monthly Financials Monthly financial reports were included in the agenda packet. Finance staff Waggoner reported there were no budget concerns at this time. 4. Public Comment Chairman Kojzarek asked that any speakers hold their comments until the item(s) come up on the agenda. 5. Building & Zoning Division Monthly reports were included in the agenda packet. Development Dir. VanKerkhoff reported property maintenance complaints are up. He provided an update on staffing, noting that Christie Duffy had transferred to the Co. Bd. Office and Building Inspector Dave Soderquist is retiring. He discussed the following Zoning Petitions: A. Zoning Petitions 1. PETITION NO. 4375: Petitioner Ronald Schambach Trust The petition is requesting rezoning from F-District Farming to R-3 District One Family Residential. The ZBA recommends approval. There are no objectors. Dir. VanKerkhoff responded to questions. Kane County Page 1

2 MOVED FORWARD BY VOICE VOTE [UNANIMOUS] Next: 6/14/2016 9:45 AM County Board Drew Frasz, Ex-Officio Transportation Chair Theresa Barreiro, Vice-Chair 2. PETITION NO. 4378: Mata Amitanandamayi (M.A.) Center Dir. VanKerkhoff explained that the petitioner is requesting an amendment to the existing Special Use for the MA Center to allow additional residential units, campus buildings, a farm stand, and a Montessori school, and will not be seeking an exemption from real estate taxes. There are objectors. (Barreiro steps 10:45 a.m.) The Zoning Board voted to approve with a number of stipulations. Dir. VanKerkhoff outlined the five stipulations. He explained that the petitioner would make a presentation and there were a number of people signed up to speak. Attorney Charles Radovich, CEO Ron Gottsegen, and Architect Ram Ramachandran, all representing the petitioner, discussed the Special Use request. They provided background information noting that in 2012 the MA Center purchased the property and obtained a Special Use to allow for a religious center, school, and residences on the site. This request is supplemental to those special uses requested four years ago. (Barreiro 10:53 a.m.) An overview of the site plan was provided and long range master plan was discussed. It was noted that Mr. Brent Coulter was present to answer any questions regarding the traffic design. Atty. Radovich emphasized that the site is self-contained and what they are proposing is just an extension of what the Seventh Day Adventists started. Chairman Kojzarek opened the floor to public comment, noting that the following had signed up to speak: Mr. Dave Henzel - Mr. Henzel who is a neighboring property owner said he had attended various meetings where he was told the MA Center was willing to pay property taxes. He questioned removing 192 residences from the property tax rolls, and expressed concern about density and about adjusting lighting on all existing buildings. He provided the committee with a packet of information. Atty. Peter Storm - Atty. Storm said he was representing three property owners who were opposed to the Special Use. He said his clients were concerned about significantly expanding the number of residences that would be very close to and visible from their homes, future development of their parcels, lighting and buffers, water reclamation and drainage, etc. Storm said there is no provision for multi-unit residential buildings in a Farm District and questioned whether this property could be developed for a mixed use without submitting a new plan. He said he appreciated the effort to designate this as temporary housing, but said there was no provision for that in a Farming District. While his clients recognize the proposal is to keep 42 acres open, he said they were concerned the petitioner would come back at some point and ask for additional multi-family units unless there is some restriction placed on the property. He reiterated that his clients are objecting to this matter going forward. Mr. Tim Rogers - Mr. Rogers said he had lived in the area since 1986 and that his children attended Broadview Academy, which was very self-contained. Rogers said there are now children at the MA Center that attend Kaneland schools. He expressed concern about the MA Kane County Page 2

3 Center not paying property taxes, and said he was looking for some tax relief. He felt residential units should be taxed accordingly at current tax rates for private citizens. He was also concerned about traffic, thinking there would be issues with the farm stand without any traffic control. He asked for more time, possibly days, to give the opposition an opportunity to develop a defense and be more prepared. Ms. Nicole Roberts - Ms. Roberts, a Blackberry Creek resident, reiterated what Atty. Storm said earlier. She thought the scope of the project was outside a Special Use, and would set a precedent for other religious organizations to try and do the same thing. She questioned the lack of specifics; i.e., no exact location, no architectural drawings, no plat of survey, no off street parking, no maximum height restrictions, etc. She felt that oversized churches generated traffic that could create problems. Roberts felt this was a big project with no precedent within a Farming District. Ms. Katie Cavalieri - Ms. Cavalieri, who is a neighboring property owner, presented a letter that she asked be distributed to the committee. Mr. Tom Snyder - Mr. Snyder, neighboring property owners, said he thought the MA Center was doing a lot of good things. However, he moved to Elburn because of the high taxes in Geneva. He said he was looking for tax equality and thought all units should be taxed equally. Chairman Kojzarek opened the floor for discussion by the committee. As this facility is in his district, Board member Frasz provided historical background and discussed issues when the academy closed and was vacant. He said he was happy to see the place come back to life and thought that was a good thing for his district. Frasz said he had not gotten one complaint about the MA Center. He said it was his understanding too that taxes would be paid on every single unit. He thought the biggest concern now was whether or not the multi-unit apartment building (former dormitory) would pay taxes. He said taxpayers want to be assured they will not have any greater burden. Frasz pointed out that the ZBA, Elburn, and KDOT are in agreement with the proposal. In addition, it has also been discussed at the Forest Preserve and they have no issues. Atty. Radovich responded to several questions saying they are a non-profit, which allows them to have tax exempt status to promote humanitarian goals. He said units would be rented and he saw no need to subdivide the property. Ownership will stay with the MA Center. Duplexes will be 2-story buildings above ground. Temporary housing would be in 3-story buildings above ground, which is similar what was there before. Frasz said all of these things need to be in writing and requested that a stipulation be put in. Radovich said all future buildings will have downcast lighting and they are evaluating all other existing lighting and intend to make modifications if needed. Frasz reiterated that the biggest concerns is the tax issue, and if the units replacing the dorms should be subject to taxes. Radovich said members and guests participating in programs at the MA Center will reside in temporary housing. A rental fee will be paid on taxable units. There was some discussion about the size of the units. Chairman Kojzarek asked about additional children coming into the schools from the temporary units. In response to questions about the Montessori School, it was noted that it would start in an existing homing, and the capacity would grow as need with one class added per year starting with preschool. The school will be open to the public. Martin said it was his understanding that the 192 unit building is intended to basically function as a hotel for people involved in activities at the campus; that they would not be big enough to house a family so they would not put a burden on the schools. Atty. Radovich responded that a family Kane County Page 3

4 could be living there temporarily while a unit is being constructed, but guaranteed no children would be added to the Kaneland school district from the temporary housing units. TABLED [6 TO 2] Next: 6/21/ :30 AM NAYS: County Board Thomas Smith, Board Member Brian Dahl, Theresa Barreiro, Joseph Haimann, Michael Kenyon, John Martin, Thomas Smith Drew Frasz, Kurt R. Kojzarek 6. Planning & Special Projects Dir. VanKerkhoff provided highlights from the monthly report included in the agenda packet. 7. Subdivision None 8. Environmental Resources 9. Water Resources Staff Wollnik introduced new engineer Anne Wilford and discussed the following resolution: A. Resolution: Approving Establishment of Special Service Area by the City of Aurora for the BNSF Eola Yard Improvements Because the project is being completed and permitted by the City of Aurora, an SSA must be by the city as any maintenance issues that may arise will be handled by the city. MOVED FORWARD WITH VOICE VOTE [UNANIMOUS] Next: 6/8/2016 9:00 AM Executive Committee Theresa Barreiro, Vice-Chair 10. Office of Community Reinvestment- Community Development Division OCR Dir. Berger discussed the following resolutions: A. Resolution: Amending the County's Budget for Fiscal Year 2016 to Accommodate NSP3 Funding Provided by the Illinois Housing Development Authority Pending final approval on May 20, the IHDA is expected to award $551, in federal Neighborhood Stabilization Funds to the Office of Community Reinvestment. The award will help finance the redevelopment of approximately four vacant/foreclosed homes in the City of Elgin s Southwest Area Neighborhood. The county's award will be matched with $363,075 from Habitat for Humanity of Northern Fox Valley. A large portion of the award will be received and expended during FY2016, so this amends the county s budget to reflect the revenue and expenses expected during the fiscal year. Kane County Page 4

5 MOVED FORWARD WITH VOICE VOTE [UNANIMOUS] Next: 5/25/2016 9:00 AM Finance and Budget Committee Joseph Haimann, Board Member B. Resolution: Authorizing Renewal of the Kane-Elgin HOME Consortium This authorizes the execution of a new Consortium Agreement with the City of Elgin for Federal fiscal years MOVED FORWARD WITH VOICE VOTE [UNANIMOUS] Next: 5/25/2016 9:00 AM Finance and Budget Committee Joseph Haimann, Board Member 11. Settler's Hill End Use Update None 12. New Business None 13. Reports Placed On File PLACE WRITTEN REPORTS ON FILE [UNANIMOUS] Brian Dahl, Board Member Joseph Haimann, Board Member 14. Executive Session The committee moved into Executive Session at 12:12 p.m. to discuss the Release of Closed Session Minutes. APPROVED WITH ROLL CALL VOTE [UNANIMOUS] Brian Dahl, Board Member John Martin, Board Member The committee returned to Open Session at 12:14 p.m. Kane County Page 5

6 15. Release of Closed Session Minutes The committee approved the release of Closed Session minutes as outlined in Exhibit A attached. APPROVED WITH VOICE VOTE [UNANIMOUS] Brian Dahl, Board Member 16. Adjournment ADJOURNED BY VOICE VOTE [UNANIMOUS] Joseph Haimann, Board Member This meeting was adjourned at 12:15 PM. Ellyn McGrath Recording Secretary Kane County Page 6

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