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Kane County Reporter

Saturday, April 20, 2024

Kane County Board met November 12

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Kane County Board met Nov. 12.

Here is the agenda provided by the board:

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE & PRAYER

4. APPROVAL OF MINUTES: October 8, 2019

5. SPEAKERS (Agenda & Non-Agenda Items)

A. Jeff Ward

B. Tianguis Zoning Application Petition #4514

 Keith Hunt

 Kerry Luft

 Charlie Potter

C. Other

6. NEW AND UNFINISHED BUSINESS

A. PRESENTATIONS/DISCUSSION

 RTA FY20 Budget Presentation (C. Groven)

 Metra FY20 Budget Presentation (S. Messerli & D. Skoufis)

 Pace FY20 Budget Presentation (J. Schielke & R. Donahue)

 Chairman's Short Program

B. ZONING PETITIONS

Petition #4508 BLACKBERRY TOWNSHIP

Petitioner: Prairie Lane, LLC (LaFarge Aggregates Illinois)

Location: 1S194 Route 47, Blackberry Township (11-17-151-002 & 006, 11-17-301-001, 11-18-200-004 & 009 & 013, 11-18-400-003 & 005)

Proposed: Special Use in the F-Farming District to expand an existing sand and gravel mining operation

2040 Plan: Agricultural, Proposed Open Space

Objectors: Area property owners

Recommendations: Regional Planning Comm.: N/A

Zoning Board: Approval with the following stipulations:

1. Water Resources will require a stormwater permit for the berms proposed for the site. This permit application must demonstrate that there is no additional runoff created off site and that appropriate Erosion and Sedimentation is in place.

2. It is Water Resources’ understanding that runoff will be managed on site and that the applicant will continue to keep their NPDES permit current and provide the County a copy of this permit. Erosion and Sedimentation practices are to be observed at all times on site.

3. Reclamation plans for site should be reviewed by an outside third party Professional Engineer and Certified Wetland Review Specialist to ensure that the upon retirement of the mining operations the site is returned to pre-existing conditions or improved conditions in terms of stormwater runoff.

Development Committee: Approval with the three recommended stipulations as well as the following additional stipulations:

4. Lafarge will provide a 300-foot mining setback from the Flinn Property which is 100 feet greater than the setback required under the Kane County Code.

5. Lafarge will provide a minimum mining setback of 500 feet from Illinois Route 47 which is more than 350 feet greater than the setback required under the Kane County Code.

6. Lafarge will provide an undisturbed greenspace in excess of 23 acres along Illinois Route 47 and adjacent to the Flinn Property. This no-mining area will either be farmed or planted with native materials. Lafarge reserves the right to develop this property in the future with non-mining uses consistent with the 2040 Kane County Land Use Plan.

7. Lafarge will not request any new entrances in the future.

8. Lafarge has equipped all owned and rental vehicles with white noise backup alarms and will agree to continue this practice until all mining operations are completed.

9. Lafarge will retrofit all existing area light fixtures exceeding a height of ten feet with “dark sky” glare shields within one year of the approval of the Special Use Permit.

10. Lafarge agrees to continue operating under its comprehensive air emission control plan which includes the utilization of street sweepers, water trucks, a wheel wash and a dust boss (dust suppression misting cannon). When faced with sustained winds in excess of 25 mph, Lafarge employees will determine if a plant shutdown is in order based on opacity readings and the exhaustion of all Best Management Practices pursuant to its State operating permit.

11. Lafarge agrees to monitor fugitive dust emissions at mine boundaries of the Meredith Property over 24-hour intervals in compliance with the National Ambient Air Quality Standard (NAAQS) for PM10 emissions. The PM monitors to be used are considered a “Near Reference” method as the quality of data provided is tied to established air monitoring standards and methods. The data from these monitors is of sufficient precision and quality to complement existing air pollution monitoring equipment. Lafarge will install two dust monitors as recommended by Vibra-Tech along the north and east property lines as indicated on the attached map. One dust monitor will be located on the Flinn Property boundary and will remain as long as mining continues on the Meredith Property. The second dust monitor, located on the Whispering Oaks Estates Subdivision property boundary, will remain in place for no less than two years from installation, however, will be able to be removed from service if the averaged 24-hour collection data over the initial two-year period is less than 80% of the NAAQS compliance limit for PM10 emissions. Neither monitor will be installed until mining commences on the Meredith Property. Therefore, monitoring will occur after the demolition of farm buildings and the stripping/placement of top soils and overburden has been placed in vegetated berms along the perimeter of the mine. The real-time data generated by the monitors will be accessible by the Kane County Zoning Enforcement Officer, as well as Lafarge.

12. Lafarge agrees to monitor noise levels (dBA) at mine boundaries of the Meredith Property over hourly-daily intervals in compliance with Federal and State Sound Emission Standards near residential properties. Lafarge will install two noise monitors as recommended by Vibra-Tech along the north and east property lines as indicated on the attached map. One noise monitor will be located on the Flinn Property boundary and will remain as long as mining continues on the Meredith Property. The second noise monitor, located on the Whispering Oaks Estates Subdivision property boundary, will remain in place for no less than two years from installation, however, will be able to be removed from service if the averaged (Leq A- weighted) or Lmax permissible noise level data collected on an hourly and daily interval over the initial two-year period, falls under acceptable limits. Neither monitor will be installed until mining commences on the Meredith Property. Therefore, monitoring will occur after the demolition of farm buildings and, the stripping and placement of top soils and overburden has been placed in vegetated berms along the perimeter of the mine. The real-time data generated by the monitors will be accessible by the Kane County Zoning Enforcement Officer, as well as Lafarge.

13. Lafarge will maintain a neighborhood contact system and will cooperate with the Kane County Zoning Enforcement Officer to promptly address any concerns or complaints raised with respect to its operations. Lafarge will keep a log documenting all complaints as well as the response to said complaints.

Petition #4514 DUNDEE TOWNSHIP

Petitioner: Tianguis, LLC

Location: 14N630 Route 25, Dundee Township (03-35-226-004)

Proposed: Rezoning of a portion of the property from B-3 District Business to B-4 District Business to allow for expanded social events

2040 Plan: Commerce / Employment

Objectors: Adjoining property owner/Area property owners

Recommendations: Regional Planning Comm.: N/A

Zoning Board: DENIAL

Development Committee: DENIAL with the following stipulations:

1. Water Resources will require documentation on all impervious surfaces and improved surfaces on the site since January 1, 2002. All improvements must demonstrate that the Stormwater Ordinance criteria for BMP’s and Detention have been met. The applicant is currently working through the permitting process for proposed impervious areas on site. A stormwater permit will be required before any improvements are constructed on-site

2. Water Resources will require a Maintenance Plan be submitted to Water Resources that addresses all sources of erosion and sedimentation on-site, and addresses cleanup of litter and debris that may pose issues with stormwater runoff on the site and leaving the site.

Petition #4522 BIG ROCK TOWNSHIP

Petitioner: Joseph DeCort, et ux

Location: 9S168 Granart Road, Section 33, Big Rock Township (13-33-200-012)

Proposed: Rezoning from F-District Farming to F-1 District Rural Residential

2040 Plan: Agricultural

Objectors: None

Recommendations: Regional Planning Comm.: N/A

Zoning Board: Approval

Development Committee: Approval

Petition #4523 BLACKBERRY TOWNSHIP

Petitioner: Cynthia Vargas

Location: 44W670 Keslinger Road, Section 6, Blackberry Township (11-06-300-022, 026 & 027)

Proposed: Rezoning from F-District Farming to E-1 District Estate

Residential with a right-of-way setback variance for an attached garage

2040 Plan: Resource Management

Objectors: None

Recommendations: Regional Planning Comm.: N/A

Zoning Board: Approval with the following stipulation:

1. That the petition work with the Village of Elburn and the Kane County Division of Transportation to resolve the right-of-way and Village easement issues.

Development Committee: Approval with the recommended stipulation

Petition #4524 BLACKBERRY TOWNSHIP

Petitioner: Russell Splain

Location: 44W650 Keslinger Road, Section 6, Blackberry Township (11-06-300-022)

Proposed: Rezoning from F-District Farming to E2-A District Estate Residential

2040 Plan: Resource Management

Objectors: None

Recommendations: Regional Planning Comm.: N/A

Zoning Board: Approval with the following stipulation:

1. That the petition work with the Village of Elburn and the

Kane County Division of Transportation to resolve the right-of-way and Village easement issues.

Development Committee: Approval with the recommended stipulation

Petition #4525 KANEVILLE TOWNSHIP

Petitioner: Old Second Bank Trust #51 & 52

Location: 2S976 S. Lorang Road, Sections 25 & 36, Kaneville Township (10-25-400-002 & 10-36-200-001)

Proposed: Rezoning from F-District Farming to F-1 District Rural Residential

2040 Plan: Agricultural

Objectors: None

Recommendations: Regional Planning Comm.: N/A

Zoning Board: Approval

Development Committee: Approval

Petition #4526 KANEVILLE TOWNSHIP

Petitioner: Old Second Bank Trust #51 & 52

Location: 45W110 Seavey Road, Sections 25 & 36, Kaneville Township (10-25-400-002 & 10-36-200-001)

Proposed: Rezoning from F-District Farming to F-1 District Rural Residential

2040 Plan: Agricultural

Objectors: None

Recommendations: Regional Planning Comm.: N/A

Zoning Board: Approval

Development Committee: Approval

C. FY20 BUDGET ORDINANCES & RESOLUTION

#19 - 366 Adopting the Fiscal Year 2020 Annual Appropriations

#19 - 367 Adopting a Tax Levy for the General Fund

#19 - 368 Adopting a Tax Levy for the Insurance Liability Fund

#19 - 369 Adopting a Tax Levy for the Illinois Municipal Retirement Fund

#19 - 370 Adopting a Tax Levy for the Social Security Fund

#19 - 371 Adopting a Tax Levy for the County Highway Fund

#19 - 372 Adopting a Tax Levy for the County Bridge Fund

#19 - 373 Adopting a Tax Levy for the County Highway Matching Fund

#19 - 374 Adopting a Tax Levy for the Kane County Health Fund

#19 - 375 Adopting a Tax Levy for the Veteran's Commission Fund

#19 - 376 Adopting a Tax Levy for Mill Creek Special Service Area

#19 - 377 Adopting a Tax Levy for the Middle Creek Special Billing Area

#19 - 378 Adopting a Tax Levy for the Sunvale Special Billing Area

#19 - 379 Adopting a Tax Levy for the Shirewood Farm Special Service Area

#19 - 380 Adopting a Tax Levy for the Ogden Gardens Special Billing Area

#19 - 381 Adopting a Tax Levy for the Wildwood West Special Billing Area

#19 - 382 Adopting a Tax Levy for the Cheval DeSelle Special Billing Area

#19 - 383 Adopting a Tax Levy for the Plank Road Estates Special Billing Area

#19 - 384 Adopting a Tax Levy for the Exposition View Special Billing Area

#19 - 385 Adopting a Tax Levy for the Pasadena Drive Special Billing Area

#19 - 386 Adopting a Tax Levy for the Tamara Dittman Special Billing Area

#19 - 387 Adopting a Tax Levy for the Crane Road Estates Special Billing Area

D. RESOLUTIONS/ORDINANCES

CONSENT AGENDA

Executive

#19 - 388 Reappointment to Board of Trustees of the Pingree Grove and Countryside Fire Protection District (John Payson)

Finance/Budget

#19 - 389 Authorizing FY19 Budget Adjustment and Transfer from the Tax Sale & Error Fund to the General Fund

#19 - 390 Authorizing an Emergency Purchase Affidavit for Additional Funds for the Kane County Sheriff's Office Purchase of a Lenco Bear Cat Armored Vehicle

#19 - 391 Approving Payment of All Line of Commercial Insurance FY2020 Including Auto, Property, Casualty, General Liability and Workers Compensation and continuing a Service Agreement with Presidio (Wine Sergi) Insurance

#19 - 392 Approving Two Year Third Party Claims Administration Services Agreement with Cannon Cochran Management Services Inc. (CCMSI)

#19 - 393 Authorizing the Purchase of Gasoline and Diesel Fuel for Division of Transportation, Sheriff's Office, Building Management & Other Intergovernmental Agencies (Bid 45-019)

#19 - 394 Approving a Contract Extension for Vending Machine Services

#19 - 395 Authorizing Contract for Purchase of Replacement PC Equipment

#19 - 396 Authorizing A Second Contract Extension for Kane County & Mill Creek Electrical Services

#19 - 397 Approving a Contract With Aptim Environmental For Consulting Services For The Kane County Solid Waste Management Plan 2020 Update

#19 - 398 Authorizing FY19 Emergency Management Program Grant for the Office of Emergency Management

#19 - 399 Authorizing an Intergovernmental Agreement with Stephenson County for Juvenile Detention Services

#19 - 400 Authorizing Intergovernmental Agreement with the Illinois Workers' Compensation Commission for Lease of Space at 3rd Street Courthouse

#19 - 401 Amending RES

#18-68 Authorizing a Procedure for Employees in Building Management's Pay Rate for Holiday, On Call and After Hours Worked

#19 - 402 Authorizing Fiscal Year 2020 Non-Union Wage Increases

#19 - 403 Approval of September 2019 Claims Paid

Human Services

#19 - 404 Amending Kane County Code Sections 2-47 and 2-48

Judicial/Public Safety

#19 - 405 Consent for the Appointment by the Kane County Sheriff of Auxiliary Deputies

Public Health

#19 - 406 Authorization to Enter Into Mutual Agreements with Local Partner Organizations for Emergency Public Health Dispensing

Transportation

#19 - 407 Approving a Phase I Engineering Services Agreement with Christopher B. Burke Engineering, Ltd. of Rosemont, Illinois for Randall Road at Hopps Road Intersection Realignment, Kane County Section No. 19- 00511-00-CH

#19 - 408 Approving Amendment No. 5 to a Phase II Engineering Services Agreement with Crawford, Murphy and Tilly Inc. for Longmeadow Parkway Bridge Corridor from East of IL 31 to East of IL 25 (Section C), Kane County Section No. 13-00215-20-BR

#19 - 409 Appropriating Relocation Funds for Longmeadow Parkway Bridge Corridor, Section C-2 from East of Sandbloom Road to West of Illinois Route 31, Kane County Section No. 94-00215-01-BR

END OF CONSENT AGENDA

#19 - 410 Amending the Discipline Policy

#19 - 411 Repealing the Appeals Policy

#19 - 412 Repealing the Grievances Policy

#19 - 413 Approving the 2020 Monthly Health and Dental Employee Contributions

#19 - 414 Establishing a County Cannabis Retailers' Occupation Tax in the Unincorporated Areas of County of Kane, Illinois

#19 - 415 Prohibiting Cannabis Business Establishments

E. APPOINTMENTS

1. Public Building Commission Re-Appointments Stephanie Dawkins and Drew Frasz

7. EXECUTIVE SESSION

8. Open Session

A. #19-416: Settlement of Claims No. 19WC5603 & 19WC18203

B. #19-417: Settlement of Claim No. 18WC35636

C. Settlement of Claim No. 19WC03609

D. Settlement of Claim No. FMCS 190610-07969

E. Settlment of Claim No. 19CH789

9. ADJOURNMENT TO TUESDAY, December 10, 2019

http://kanecountyil.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=2519&Inline=True

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