Committee Requests Changes to Mooseheart Annexation Agreement

The Community Development Committee sent the Moose International Annexation Agreement back to the city staff to refine the language in the agreement before it is sent to the City Council for a public hearing.

The staff will bring it back to the committee on May 10 and then recommend a June 6 public hearing.

The agreement would allow Moose International to disconnect portions of the property south of Mill Creek if the cost of providing electric service to that area was too expensive.

Committee Chair Dave Brown said, “This is not your typical annexation.  Usually we have a plan to go with it.”

The specific electrical facility improvements have not been identified because the annexation only indicates zoning and not a proposed development.

According to Director of Community Development Jerry Swanson, the issue is that there is an adequate capacity of electrical service north of mill creek, but the south would require a new substation, which is a very expensive improvement.  Moose has agreed to make this work, but if they find that it is not economical then according to the agreement Moose has the ability to disconnect.

Alderman Jim Volk expressed his frustration with the disconnection portion of the agreement.  “I can’t support it,” he said also indicating that city has never had an annexation with a disconnection clause.

There seemed to be consensus that if the committee would have voted on the agreement last night that it would not have passed the needed two-thirds majority because of the disconnect statement.

Alderman Dan Chanzit compared the disconnect statement in the agreement to a marriage where a divorce provision is included in the prenuptials.

Moose International Representative Joe Segobiano stated, “We are committed to doing this in Batavia.”  He said that Moose shares the concern with the disconnection and that they are not opposed to alternatives.

Although there was frustration with the agreement language there was a desire to come to an agreement by both parties.

 “Batavia really needs to do whatever they can to keep this property in Batavia,” said Alderman Garran Sparks.

Other issues with the annexation agreement discussed were buffer areas between the development and existing residential lots, police service, signage, public streets, pedestrian and bicycle traffic, storm drainage and the construction of a bridge over Mill Creek.

The committee also determined that Batavia Enterprises request for $6,323 for the installation of two air conditioning units at Water Street Studios was eligible through the downtown improvement grant.

Committee members agreed that because the air conditioning units are new and not replacing old units that the request qualifies. 

Water Street Studios Director of Development Jim Kirkhoff indicated in a letter to the city requesting the grant that the heat in the area was “unbearable” and the studio risked loosing resident artists that lease the space.

Building Commissioner Jeff Albertson stated, “Clearly this is a need for this tenant.” 

The grant program was established to provide matching funds to improve the interior and exterior of downtown buildings to make them more attractive for new and expanding businesses.

Alan Wolff stated that the city is trying to retain businesses or expand them with the grant.

The committee unanimously recommended approval of the grant to the city council.  According to Albertson the Historical Preservation Committee has already given approval to Water Street Studios.

The total cost of the project will be $12,646.

The procedures and policies to the Façade Grant Improvement Program were ammended by the committee.

The application deadline was extended to the end of February; however applications may be submitted after the deadline and will be considered on a first come-first served basis provided that funds are still available in the grant. City staff will notify potential applicants of the availability of funds before an application is completed.

Also, the property requesting the grant must be located in one of the city’s Tax Increment Finance Districts.