The December 9, 2003 Board meeting was called to order by Supervisor Anderson at 7:35 p.m. at the Community Center. The Pledge of Allegiance was recited. Clerk Johansen called the roll with Supervisor Anderson and Trustees Manser, Judy and Kupar present. Trustee Gillen was absent.
Reports:
Sheriff - Sergeant Johnsen: Sergeant Collins stated the usual damage to mailboxes and ATV complaints are declining due to colder weather. J. Kupar asked is the speed trailer report finalized? Answer is he will bring to next months meeting.
Highway Commissioner – Sam Gallucci: S. Gallucci stated he is working in cooperation with the Sheriff’s Department in getting Neighborhood Watch signs up. There has been no vandalism or theft of road signs since lasts months meeting. He is working with the Arbor Creek Homeowners Association and the Kane County Water Department by removing three trees that were blocking water drainage. The road crew dropped off wood chips to residents who requested them, picked up garbage in Township ditches, swept all intersections on a weekly basis, maintained Township vehicles and equipment, serviced truck radios, did road patrol for flood damage, and repaired the septic system of the Township garage. Also the snow routes were redesigned to accommodate a new route created by new developments this year. The new snow plow driver has completed his training.
Assessor – Alan D. Rottmann: The quadrennial assessments have gone out to homeowners. They have until December 26th. to file an assessment appeal or to talk to Assessor Rottmann. He will meet with homeowners as late as ten o’clock at night, if necessary.
Open Space Committee – Judy Hines: J. Shouba will have a grant proposal for the Board to consider later on the agenda. The Open Space Committee will have a January meeting to plan how to spend money improving our open space.
Park and Recreation Committee – Jim Giase: Not present. Written minutes and a list of proposed projects were submitted.
Supervisor - Neal Anderson: N. Anderson stated we have some distinguished visitors tonight that include Kane County Board Chairman Mike McCoy, Campton Township County Board Representative Barb Wojnicki, Assistant Kane County States Attorney Ken Shepro, Sam Santell representing the Kane County Development Department, John Noble attorney for Campton Township, and the members of the Open Space Committee. Campton Township is working on more grant applications for open space. We will close on the 120 acre Poynor property next Monday.
Approval of Minutes:
Board Meeting November 11, 2003: R. Manser moved the Board approve the minutes of the meeting of November 11, 2003. The motion was seconded by K. Judy. R. Manser stated the Clerk needs to correct the typo on Poynor. R. Johansen stated he would. On a voice vote Supervisor Anderson and Trustees Manser, Judy and Kupar voted aye. Trustee Gillen was absent. The motion passed.
Citizens Comments: Chuck Reed, Trustee of the St. Charles Countryside Fire Protection District, presented a letter from the District, and spoke in response to the proposed Prairie Lakes litigation settlement. He requested three to five acres on the Prairie Lakes site for construction of a new fire station and contributions of money from Kane County, Campton Township or the land developers for the new facility. K. Judy asked if the Fire Protection District is satisfied with access roads into the proposed Prairie Lakes site. Answer was two entrances limit access to the subdivision and sharp turns make it difficult to get a 100 foot aerial apparatus around turns.
Planning Commission: See 8.f. below.
New Business – Presentation and Discussion for Action:
a. Review and Act Upon Tax Levy Ordinance for Campton Township Road District 03-03R: R. Manser moved the Board approve the Tax Levy Ordinance for Campton Township Road District Ordinance No. 03-03R. The motion was seconded by J. Kupar. On a roll call vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The Ordinance passed.
b. Review and Act Upon Tax Levy Ordinance for Campton Township 03-03T: R. Manser moved the Board approve the Tax Levy Ordinance for Campton Township Ordinance No. 03-03T. The motion was seconded by J. Kupar. On a roll call vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The Ordinance passed.
c. Review and Act Upon Proposed Meeting Dates for 2004: J. Kupar moved the Board approve the proposed meeting dates for 2004. R. Manser seconded the motion. On a voice vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The motion passed.
d. Review and Act Upon Road District Ordinance 1-2R-A an Ordinance Requiring that a Permit be Obtained Prior to Connection to a Township Road, Street, or Highway: R. Manser moved the Board approve Road District Ordinance 1-2R-A an Ordinance requiring that a permit be obtained prior to connection to a Township road, street, or highway. K. Judy seconded the motion. On a roll call vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The Ordinance passed.
e. Review and Act Upon Proposed Grant Application for Wetland at Corron Farm: R. Manser moved the Board approve Campton Township proceed with the grant application for a wetland at Corron Farm and earmark $200,000.00 in matching funds for a period of 90 days. The motion was seconded by J. Kupar. J. Shouba stated we would like to apply for a $200,000.00 grant for wetland restoration at Corron Farm but we would need to match it with our contribution that can include in-kind contributions of staff time volunteers, and 2002, 2003, and 2004 rental income. J. Kupar asked how much in kind matching? Answer was one half in volunteer work, staff salary, and money already received for rent. R. Manser asked how long should we reserve matching funds? Answer was 45 days. There is one more grant we can apply for. He proposes this as a two year project, one half this year, one half next year. In a roll call vote on the motion Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The motion passed.
f. Review and Act Upon Resolution Expressing Support for Proposed Prairie Lake/Bergland Settlement: K. Judy moved to discourage the settlement plan at this time because of:
1) Lack of IEPA approval to spray on Bergland;
2) Failure of Wasco Sanitary District’s ability to commit to the capacity to serve anything beyond 90 additional home sites;
3) Lack of the school district input, and likelihood of 150 additional more students (on top of the 100 coming from recently approved Fox Creek) into an already overcrowded school system;
4) Lack of any physical document that shows the “plan” for Bergland;
5) Absence of final engineering plans and/or a firm commitment not to affect the Wideview pond and other bordering subdivisions with drainage problems and run off from the newly created impervious surfaces;
6) Lack of a transportation plan that is suitable to the St. Charles Fire Protection District;
7) Township’s concern about the sustainability of residential well supplies in this area;
8) Township’s support for a County building moratorium on new construction in the Township until the County’s and Township’s well studies are complete; and
9) The plan’s failure to meet the trend and character of the existing area as espoused by the 2020 Plan and the Campton Township Comprehensive Plan.
The motion failed for lack of a second. K. Judy stated point of order, Planning Commission is on the agenda first. J. Noble stated the Board did not have to adopt the Plan Commission recommendation. R. Manser moved the Board adopt the Plan Commission recommendation which is the settlement as proposed be pursued and that the rezoning request sought in the settlement be approved, conditioned on and subject to the following:
1.) The provision of a letter by Robert H. Anderson & Associates certifying that the Bergland property can handle the effluent spray needs of the Fox Creek Subdivision (90 homes) and the proposed Prairie Lakes Subdivision (150 homes) and verifying that the Wasco Sanitary District will then be at capacity.
2.) Approval of the Bergland property as spray area by the Illinois Environmental Protection Agency.
3.) That the Bergland property will remain as open space (including irrigation, if necessary) in perpetuity.
The motion was seconded by J. Kupar. K. Judy called the question. On a roll call vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The motion passed. N. Anderson introduced K. Shepro, Assistant State’s Attorney representing Kane County in the Prairie Lakes matter. He stated Kane County convened a Special Public Hearing on December 8th at the Community Center on Prairie Lakes. Written comments will continue to be accepted. The Regional Plan Commission considered this on December 3rd and recommended the plan proceed. The Forest Preserve Executive Committee put it on its agenda this morning in order to move forward on the easement approval, subject to its coming back for a later procedural meeting, because of the need to have the whole package in place before granting approval. A subcommittee will consider school district information. On December 17th the Zoning Board of Appeals will meet, then it will go the Development Committee in early January, with final approval by the Forest Preserve and County Board later in January. Sam Santell stated he is in touch with the Transportation Department regarding road recommendations. County Board Representative Wojnicki stated everything depends on IEPA approval. N. Anderson asked what permits are required? J. Boose, with B&B Land Developers, stated the Wasco Sanitary District (WSD) submitted its application to irrigate on the Bergland site through an easement under the bike path, on December 8th. This is after a 13 month study of the site with monitoring wells. The IEPA sent out a field person to respond to Mr. Reader’s concerns about standing water on Bergland. This issue was addressed on December 4th by Frank Gorham, engineer for the district, and the IEPA in Springfield. Five questions were asked and the answers are being FedExed to Springfield tonight. Capacity issues were brought to WSD staff at the last Board meeting with no negative comments. The District Engineer and attorney were advised of the need for a letter stating WSD has enough capacity for the proposed project, and that it will then be at full capacity. They were also informed of the swap of the Wasco ball fields for land at Bergland. J. Kupar asked is the October 8 plan different from this plan. Answer was yes. J. Kupar asked what option is there if the IEPA declines? Answer was he doesn’t think they will deny the permit in total, but if they deny the permit all together, B&B is not a buyer. K. Judy stated we are expecting a letter showing a change in capacity from 90 to 150 houses. J. Boose stated per district engineer Gorham, the issue is flows and how much reserve capacity there is, and was he overly cautious. Gorham told him the capacity is good at 150 homes. They experienced lower flows in Fox Mill. A letter will be provided. The Plan Commission put that on as a condition. K. Judy stated the letter should explain the difference between 90 and 150 homes as being O.K. K. Shepro stated we are asking WSD to address the concerns that were in the Plan Commission letter. We are interested in whether the capacity is there now. N. Anderson introduced Mike McCoy, Chairman of the Kane County Board. He stated we have been in litigation on this his entire term as Board Chairman. The developer challenged our 2020 Plan. We won that. He supports this proposed settlement plan. It has County Board support. He was at the Regional Plan Commission meeting that approved this settlement. The Forest Preserve wants the kame on Bergland. We got that as a donation. K. Judy stated there are one acre homes all around this site. Prairie Lakes should be one acre lots. N. Anderson stated its his job as Supervisor to get answers for the Board. The Board felt we should go back to B&B Developers to salvage this before it goes any further into litigation. This is the best we are going to get. The property is not conducive to homes without engineering. When these people come in they will be our residents. This plan builds the site up so these new people won’t come to us with drainage problems.
N. Anderson opened the meeting up for residents comments:
Joe Downing of 5N501 Abby Glen Dr. stated that when he moved in he knew something would go there. Ninety homes looked good, but he knows it will not fly. He states his thanks for no connecting roads through to Abby Glen. Later on could they change this and put in a road? Also the well water quality has changed for him as new houses were added. Will we have enough water? J. Kupar stated Campton Township’s well water study will be complete this spring. N. Anderson stated it will tell us if new developments could dry up existing wells. S. Santell stated Prairie Lakes will be on a deep community well that will not affect shallow aquifer wells. K. Shepro stated for future road connections there are three levels of protection. The Campton Township Highway Commissioner would have to approve. County zoning would require hearings to do this. Third, this plan is contained in a consent decree which means it is not just a zoning matter but a court matter to set aside.
Dennis Youngman of 4N936 Birchdale Ct. stated the Wideview pond can double in size after a rainfall. What will be done about that? K. Shepro stated the plan must comply in that the development cannot cause more water to go off site, or go faster off site, and it must comply with the new, more stringent, storm water ordinance. Inland’s development would not have to comply with the new ordinance because it is grandfathered in. D. Youngman stated there are two roads that stub out to the property. Is there a precaution so that construction workers don’t use them. S. Gallucci stated we won’t allow it. He will put up a blockade if necessary.
John Marshal of 39W485 Abby Glen Ct. stated this plan is better then before. There are five or six lots that back up to him. Is there something that can be done to make this in trend and character of the area? He submitted a petition to the Board signed by 13 residents of the Abby Glen Subdivision that stated, “Petition against the Prairie Lakes Subdivision – Let it be known on this date of December 9, 2003 that we the residents of the Abby Glen Subdivision located in Campton Township of St. Charles Illinois, by virtue of this petition with the enclosed signatures herby object to the proposed Prairie Lakes Subdivision Settlement Plan.” Clerk Johansen took custody of the petition and filed it with Campton Township, and provided a copy to Assistant States Attorney Shepro who is representing Kane County in the Proposed Prairie Lakes/Bergland Settlement plan. J. Boose stated moving lot lines is out of the possible plan. Shepro stated this new plan cuts in half the number of lots over the old plan. Boose stated when you have fewer lots you have to get more for them. This is a buy down for lower density.
Harold Reader of 39W910 Old Burlington Road stated he has pictures of standing water on Bergland, the proposed spray site. He met on site with C. Folks, WSD plant manager, and a representative of the IEPA, when Folks asked how he was going to spray on this site. Reader stated he did three plants for Anderson & Associates, the WSD engineers. He is retired from the plumbing business. Wastewater was his life. N. Anderson stated the culvert under the bike path was plugged up. S. Santell stated the engineer will have to consider all downstream water. Reader stated Mill Creek is backed up by a beaver dam now. S. Santell stated with five ponds at Prairie Lakes they will retain the water. Shepro stated one of the Forest Preserve easements will be for reconstruction of drain tiles on the bike path. Boose stated on Fox Mill there was a willow whose roots got in the tile and backed water up. That is fixed. Reader stated the biggest share of wind is out of the southeast. N. Anderson stated the irrigation area won’t be open space, but there won’t be homes there either.
Dennis Youngman, 4N936 Birchdale Ct., stated Hidden Oaks Road needs to be looked at for traffic.
Judy Hines, 39W876 Old Burlington Road, asked are street lights required? S. Santell with the Kane County Development Department stated street lights are not required, or you can negotiate standards to direct the light to the ground, or to reduce the wattage. J. Boose stated lights are a plus for safety. R. Johansen stated streetlights are an eyesore that is completely out of character for the area. At night Prairie Lakes will be an island of light intruding on its dark neighbors in Abby Glen, Wideview, and Deer Run.
K. Judy asked what’s the rush? Judge Coldwell will give you the time to get this right. Is that possible? K. Shepro stated we are in the final preparations for trial. He was spending eight to nine hours a day in depositions, and with their experts, and the trial was literally set for yesterday when he got the call from Inland that they were ready to give settlement a shot. This development has been in court in one form or another for twelve years. Development staff is focused on this development full time now. Other projects are on the back burner. Its not just a court deadline but a seller that says he wants his day in court. S. Santell stated development staff has crossed its T’s and dotted its I’s up and beyond.
Hearing no further Public Comment Supervisor Anderson read,
“Campton Township Resolution Expressing Support for Proposed Prairie Lakes/Bergland Settlement -
Now Therefore, be it resolved by Campton Township as follows:
(a) The preliminary and final plats ultimately approved by Kane County shall be in substantial conformance with the Prairie Lakes Development Plan dated November 11, 2003, as revised, to incorporate landscape easements as shown, a maximum of 150 single family detached homes (as shown on the plan) and no interior road connections from the Prairie Lakes Development to any adjoining subdivisions.
(b) The Kane County Forest Preserve District shall grant to the Wasco Sanitary District easements under the Great Western Trail for waste water treatment, irrigation and storm water management.
(c) The Wasco Sanitary District shall convey the approximately five acres of land containing the Wasco Baseball Fields to Campton Township, and the Kane County Forest Preserve District shall waive any applicable right of first refusal it may have in connection therewith.
(d) The developer shall donate approximately 12 acres of the Bergland Property, including the “Kame” geological feature, to the Kane County Forest Preserve District, with the balance of the Bergland Property to by impressed with a conservation easement in perpetuity, so that the subject land may only be used as open space and/or farming, subject to irrigation of reclaimed water by the Wasco Sanitary District (provided that the irrigation areas shall be buffered with setbacks and landscaping along the north and west boundaries).
(e) The property known as the “Hines Farmstead” shall be buffered by open space setbacks and lakes, and no lots from the Prairie Lakes Development shall immediately touch the Hines Property.
(f) Kane County shall enter into a consent decree with Inland Development, incorporating material terms of the settlement agreement, including the development plan, PUD zoning and density entitlements.
(g) The Circuit Court for the Sixteenth Judicial Circuit shall enter an appropriate Order approving the settlement agreement and entry of the settlement decree.
(h) All necessary and appropriate permits from any government agency, including the Illinois Environmental Protection Agency, with respect to the irrigation of reclaimed water by the Wasco Sanitary District, shall be obtained.
Dated: This 9th. day of December, 2003.
CAMPTON TOWNSHIP,
By _______________________________
Township Supervisor
Attest:
__________________________
Township Clerk”
R. Manser moved the Board approve the Campton Township Resolution Expressing Support for Proposed Prairie Lakes/Bergland Settlement. J. Kupar seconded the motion. On a roll call vote Supervisor Anderson and Trustees Manser and Kupar voted aye. Trustee Judy voted no. Trustee Gillen was absent. The Resolution passed.
Old Business: - Presentation and Discussion for Action:
Review and Act Upon Proposed Projects for Park from Park and Recreation Committee: R. Manser moved the Board table proposed projects for the park. The motion was seconded by J. Kupar. By voice vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The motion passed.
Bank Statements: R. Manser moved the Board approve the bank statements. J. Kupar seconded the motion. On a voice vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The motion passed.
Claims and Demands for Payment:
Town Fund: K. Judy asked why are there two sets of claims and demands? Per Township CPA McKay, there are additions that came in late. R. Manser moved the Board approve the claims and demands on the Town Fund. The motion was seconded by J. Kupar. On a roll call vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The motion passed.
Open Space Fund: J. Kupar moved the Board approve the claims and demands on the Open Space Fund. R. Manser seconded the motion. On a roll call vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The motion passed.
Park and Recreational Fund: None.
Executive Session – Land Acquisition: None.
Adjournment: K. Judy moved the Board adjourn. J. Kupar seconded the motion. On a voice vote Supervisor Anderson and Trustees Manser, Judy, and Kupar voted aye. Trustee Gillen was absent. The motion passed and the Board adjourned at 9:50 p.m.
Respectfully Submitted,
Richard Johansen
Clerk