DuPage County Board wants judge to tell them what to do about proposed mosque

The DuPage County Board was due to vote on a proposed mosque yesterday but put off the vote to hear more from a federal judge:

But first they want a clarification about exactly what the judge wants them to do…The delay came after a closed-door session, where some county board members raised questions about U.S. District Judge Rebecca R. Pallmeyer’s decision to overturn a January 2010 vote by the board that denied the permit…

“Either you tell us we violated the rules and what we’re going to do, or you let us make the decision,” Larsen said. “You can’t tell us to take another look at it and then tell us what decision to reach. That violates separation of powers.”

I must be missing something here. Is there a chance the Board doesn’t want to do what the judge suggested? The article says several times that this is not the case. Here is one example:

None of the issues raised by board members are “deal-breaker concerns,” Cronin said. He said board members just want to have a discussion about how to achieve the desired outcome.

“We just want to talk a little bit about how we get there,” said Cronin, adding that county officials “would like to put the matter behind us sooner rather than later.”

Do they want the judge to be more explicit so that she provides political cover for the decision? We’ll have to wait and see what happens…

Another chance for DuPage County Board to review proposed mosque near West Chicago

A federal court has given DuPage County officials another chance to review a proposal for a mosque near West Chicago:

Islamic Center of Western Suburbs in August filed the lawsuit claiming that DuPage discriminated against the group by rejecting its request to use a house at 28W774 Army Trail Road as a religious institution. The legal action was taken after DuPage County Board members on May 8, 2012, voted 15-3 to deny a conditional-use permit.

Then in March, DuPage lost a similar lawsuit filed by another religious organization. That prompted a federal judge to give the county and Islamic Center of Western Suburbs a chance to resolve their dispute.

The neighbors to the property are still not happy about the proposal:

Still, neighbors remain strongly opposed to the conditional-use request. About 50 of them attended Monday night’s public hearing.

Several of the neighbors voiced concerns about the possibility of flooding, increased traffic and lower property values. They say the house should remain a single-family home.

“We have a right to enjoy our properties without the intrusion of a commercial property butting into our neighborhood,” said Laura Wiley, who lives adjacent to the property. “It is changing the landscape of our neighborhood. It is going to inhibit our personal enjoyment of our property.”

Sounds like a typical NIMBY situation: the neighbors say the property will harm their quality of life while studies by the group bringing the proposal suggest there will be few issues. I’ve just been reading Colored Property: State Policy and White Racial Politics in Suburban America and there seem to be some parallels here. Suburbanites continue to make an economic, rather than racial, argument that they should be able to defend the value of their hard-earned property versus what they view as intrusions.

What happens if the DuPage County Board rejects the proposal again? The article suggests the Board can’t really do that as a similar case in Naperville (see here) has moved forward and the Islamic learning center will be built. So, it will be interesting to watch this upcoming vote…

Federal judge reverses DuPage County, says Islamic worship center can go forward near Naperville

A federal judge says an Islamic worship center can locate just outside of Naperville:

The Irshad Learning Center had sought to open a worship center for up to 100 people inside a single-family home at 25W030 75th St. that had been previously used as a private school.

In 2010, the county board voted 10-7 to deny its application for a conditional use permit after some neighbors complained their property values would go down.

Irshad, which has about 75 members, filed a lawsuit challenging the decision on grounds ranging from religious discrimination to the county’s alleged violations of its own zoning laws.

Judge Rebecca Pallmeyer found in a 70-page ruling there was no “direct evidence of deliberate discrimination” by the county or its workers, though she noted that a zoning board of appeals member had asked the group’s attorney if animal sacrifices would be held.

But she did find that DuPage County’s “repeated errors, speculation and refusal to impose conditions” under which the project could be approved led her to conclude that the county had wrongly imposed a “substantial burden” on the group’s application and that its denial was “arbitrary and capricious.”

A few cases like this in the Chicago area in recent years have generated controversy (see here, here, and here). Now it remains to be seen how neighbors respond once the Islamic Center is open.

The fight over transit money between Chicago and its suburbs

A fight over funding is brewing between the Regional Transit Authority (RTA) and Chicago Transit Authority (CTA), Pace, and Metra about how to divvy up sales tax revenues and discretionary money:

Twelve votes are needed to approve budgets, yet five out of the 16 directors on the board are Chicagoans who have the CTA’s back, conventional wisdom says.

And this isn’t just an RTA fight. It also involves the region’s political heavyweights like Mayor Rahm Emanuel and [DuPage County Board Chairman Dan] Cronin, who appoint RTA directors to their $25,000-a-year positions.

Cronin says he recognizes [CTA President Forrest] Claypool and Emanuel didn’t create the problem. But he describes the standoff as “bullying.”

“The money is collected from all the taxpayers in the region, the majority of whom reside in the suburbs. Why should we subsidize the CTA more than we already are?” he asked. “They seem to care little for their neighbors in the suburbs.”

This is tied up with two larger issues:

1. The Chicago area is infamous for its many governmental bodies. This is another example of the broader issues associated with metropolitanization: multiple transit agencies are fighting for revenues and surplus funds that are controlled by an umbrella organization. All three agencies could really use the money so how is it to be decided outside of what will end up being a very politicized process?

2. In the larger public discussion about taxes, a growing theme is illustrated here: why should funds/taxes raised in one area be spent in another area? This is what Cronin is arguing: the revenues raised from relatively wealthy DuPage County (#57 in the country according to 2011 figures) are being used to fund mismanaged services in the nearby big city that many DuPage residents and shoppers do not use on a regular basis. This, too, is tied to metropolitanization: how can communities, agencies, and governments across a region come together to address common problems if everyone is only looking out for their self-interests?

Director of embattled DuPage Housing Authority let go

A leader brought in to reform the DuPage Housing Authority has been let go after eight months:

[David] Hoicka, who had served in senior management for housing agencies in Texas, Louisiana, and Hawaii, was hired in January as part of ongoing efforts to overhaul the Wheaton-based agency that once mismanaged more than $10 million in federal funding.

He replaced John Day, who was forced to resign last year after the U.S. Office of Inspector General released two audits critical of the agency. A third audit concluded the agency improperly spent more than $5.8 million in federal money and failed to adequately document another $4.7 million.

Hoicka took the reins of the agency after the board conducted a nationwide search for an executive director. At the time he was hired, officials said Hoicka’s background made him an ideal choice.

In addition to publishing three handbooks on HUD housing programs, Hoicka served as an adviser for public housing groups in Southeast Asia and Bahrain in the Persian Gulf.

This organization has clearly had its problems (see an earlier post). Unfortunately, I think stories like these distract from the real issues facing the Authority and DuPage County: how to truly tackle issues like affordable housing and housing discrimination in a relatively wealthy county that is also facing demographic change.

While it is not clear here why Hoicka was fired, I have to wonder why he didn’t work out in DuPage County. From an earlier post, here is a longer list of his experience before taking this job:

Hoicka has served as chief operating officer for the housing authority in El Paso, Texas, worked as an adviser to the housing ministry in Bahrain, managed the New Orleans housing authority, and worked as branch chief for Hawaii’s Housing and Community Development Corp. He has written three manuals on HUD regulations.

DuPage County is unique in some ways but Hoicka had a wide range of experience that would seem to be helpful.

 

Tourism in Chicago suburbs grows; reminder that suburbs are also destinations

I was intrigued to see the news that tourism in the Chicago suburbs, as well as in Illinois on the whole, was up in 2011 compared to 2010:

Local counties were among those gaining the most tourism dollars across the state during 2011, which is fueling a so-called road show with state officials touting those numbers to help keep the momentum going.

Cook and DuPage counties saw revenues climb more than 8 percent. Kane, Lake, McHenry and Will counties saw about 6 percent more revenue pouring back in after some tough years, according to the Illinois Office of Tourism and the Department of Commerce and Economic Opportunity…

Cook County, which includes Schaumburg, Chicago and other cities, had garnered about $19 billion of tourism dollars in 2011, an 8.4 percent increase over 2010. Next up was DuPage County which received $2.1 billion, an increase of 8.1 percent.

Overall, the state got a record $31.8 billion during 2011, an increase of 8.4 percent from 2010. The number of visitors in Illinois also set a record with 93.3 million in 2011, up 10.2 percent from 2010 and passing the previous record of 91 million in 2006.

These statistics suggest that tourism in Chicago still dwarfs what goes on in suburban counties: Cook County has has roughly 9 times as many tourism tax dollars as DuPage County and nearly 5 times as much as DuPage, Lake, McHenry, Kane, and Will counties put together. At the same time, these suburban tourism tax dollars are not small amounts. The DuPage County figure is impressive: the county had $2 billion dollars in taxes from tourism. This is part of a larger point that can be made about suburbs: they are not just simply places to live but are now locations where visitors come to visit, shop, and partake in cultural and recreational opportunities. Suburban residents don’t have to go to the big city for all of their trips or cultural opportunities: there are places where they can and do spend their money in the suburbs.

Abundance in DuPage County: 45 mosquito abatement agencies

Illinois is well-known for having many government units. The Chicago Tribune makes this point by talking about fighting mosquitos in DuPage County:

DuPage has 45 separate entities — special districts, townships, municipalities — providing mosquito abatement services, Of those, 36 have signed separate contracts with the same vendor for the bug spray they use to keep the mosquito population down. If they pooled their buying power, no doubt they could get a better deal.

Here’s the worst part: Spraying for skeeters has little lasting impact. The anti-bug mission could be carried out much more cheaply and efficiently under the county Health Department. The citizens of DuPage don’t need any other mosquito abatement agencies, let alone 45.

So why do all these governments cling to this dubious mission? “They’re very protective of their turf,” DuPage County Board Chairman Dan Cronin tells us…

Unfortunately, it’s the same story across the state of Illinois — which has 7,000 school districts, townships, library boards, fire-protection districts and other government units, generally with separate oversight and taxing authority. The Census Bureau says that’s far more than the total in any other state.

This is not a new story in Illinois and across many places in the United States. Americans like having local control over all sorts of things and this can get in the way of regional cooperation. Intriguingly, the argument made in other parts of this editorial is that taxpayers could save money if communities would consolidate some of these separate bodies and have better purchasing power. Is this an argument more likely to be made in tougher economic times?

One thought came to me when reading this: is the presence of more taxing bodies tied to political conservatism? DuPage County is well-known for its political conservatism and presumably, local communities like having this many taxing bodies as it allows people to have more direct input rather than handing off tasks to larger, bureaucratic bodies. Perhaps the political leanings of a community have little impact on this and it is more about a historical legacy (could be something in Illinois that came out of a state/county/township/municipality system) or specific system of government.

DuPage County Forest Preserve continues aggressive land acquisition

The Daily Herald reports that the DuPage County Forest Preserve continues to purchase more land:

Five years after voters approved a $68 million tax increase so the DuPage County Forest Preserve could buy more land, officials report they have acquired 43 properties and more than 473 acres so far.

The biggest purchase came three years ago of 94 acres for $12.3 million to protect a unique wetland near Bartlett, Kevin Stough, director of land preservation, said in a recent report to forest preserve commissioners…

“The timing has worked for us, since land prices started dropping in 2007 and have gone down more steeply in recent years,” he said. “So that’s something where we have been very fortunate.”

In total, the district has purchased 143 acres of floodplains, 124 acres of wetland and the remaining 206 acres are primarily forested areas, all accessible to the public. And Stough said the forest preserve still has money left to purchase more land.

I’ve noted before that the DuPage County Forest Preserve has been quite aggressive over the decades. This is how much land the Forest Preserve controls:

The District owns or manages over 25,000 acres of land at over 60 forest preserves, about 12 percent of the total land in DuPage County. As a result, every home and business in DuPage County is no more than ten minutes from a forest preserve.

Within these 25,000 acres are 60 forest preserves, 600 acres of lakes, 47 miles of rivers and streams, and over 145 miles of trails. Some forest preserves are jointly owned, and some are the site of nature centers or amenities operated by other agencies.

That is a lot of preserved land within a county that experienced a lot of population pressure after World War II and today has little open land for development.

I would love to see figures about what DuPage County residents think of the Forest Preserve. The Forest Preserve suggests its land is quite popular:

Each year, 3.4 million visitors enjoy the county’s 60 forest preserves. Additionally, over 100,000 visitors participate annually in educational and cultural programs at the Forest Preserve District’s five education centers.

How do County residents see the trade-off between paying higher taxes versus having the Forest Preserve land to enjoy? Is there anyone who thinks that putting this much land off-limits to development raises housing prices? How important is open space to County residents versus other concerns?

 

Naperville: best place to protest in DuPage County?

On Saturday, there was a march in downtown Naperville to honor Trayvon Martin:

More than 130 people walked through downtown Naperville on Saturday to honor the memory of Trayvon Martin, a 17-year-old African-American who was fatally shot by a neighborhood watch volunteer in Sanford, Fla., in late February.

But they also wanted to give notice that racism cannot be tolerated.

“We’re walking for Trayvon and everybody who’s been a victim of violence,” said Kelly Ingram, of Naperville, who helped organize the rally and a one-mile walk…

Word of the Naperville event circulated via Facebook and other social media…

Naperville’s nearby carillon tolled as the racially diverse crowd gathered under bright blue skies at Centennial Beach on West Jackson Avenue. Many wore hoodies, as Martin had when he was slain.

Considering the vocal discussion of and reactions to this case, I’m not surprised. But I was interested to see that this took place in downtown Naperville. This march comes not long after an Occupy Naperville group met in and marched in downtown Naperville. Why all this activity in Naperville and not in other suburban communities? I think there are two big reasons for this:

1. Naperville has a thriving downtown. Thus, a protest group is going to be seen by a decent number of people who happen to be in Naperville for shopping, eating, walking about the Riverwalk, or going to the library. Just standing on one of the busier street corners, like Main and Jefferson, is going to draw attention. In contrast, many suburban communities don’t have this kind of well-populated public space. While other suburbs may have quaint downtowns or thriving strip malls and/or shopping areas, these places aren’t going to have the same kind of foot traffic as downtown Naperville.

2. Naperville is a wealthy, mainly white, and fairly conservative/Republican community so protesters may believe protesting about issues such as race and class will particularly cause a stir. In this line of reasoning, having a protest in Aurora or Elgin or Joliet or Oak Park or another large suburb might not be so appealing as compared to going to Naperville and pushing the envelope further.

Let’s say that from this point forward Naperville does continue to draw protesters who are attracted by a popular downtown and a wealthy community: how will Naperville respond?

Reminder in Willowbrook mosque case: IL municipalities have zoning jurisdiction 1.5 miles beyond boundaries

As the Willowbrook mosque situation continues, the Village of Willowbrook clarified an important detail regarding Illinois municipalities and zoning:

Village consultant Jo Ellen Charlton said the village has decided to release a zoning map showing its area of influence for planning purposes after receiving questions from MECCA about whether it had the right to express its opposition.

A dotted line forming a box along 91st Street, just past the proposed location, is now shown on the map to indicate the village’s intention to exert influence over planning decisions in the area. Because the proposed location lies within 1.5 miles of a Willowbrook boundary line, it is considered within the village’s “planning jurisdiction,” officials said.

Even though the proposed site for the mosque is outside the boundaries of Willowbrook, Illinois law gives incorporated municipalities zoning control over land within 1.5 miles of their boundaries. This control was confirmed by a 1956 Illinois Supreme Court decision in favor of Naperville’s subdivision control ordinance, which said developers had to follow certain guidelines for streets and other subdivision features, extending to the 1.5 mile zoning boundary land. If two communities both could control the same land within the 1.5 mile boundary, either the two communities had to reach an agreement or the control would be set at a line in the middle of the two community’s actual boundaries. Land outside any community’s zoning boundaries is then controlled by the county.

This law has led to some interesting circumstances. For example, the suburb of Warrenville finally incorporated in the 1960s after many attempts because Naperville was expanding and would soon be able to control land around and possibly in Warrenville. At least several DuPage County suburbs have grabbed extra land through annexations in order to extend their zoning boundaries and therefore control land uses, particularly looking to avoid undesirable land uses.

This reminds me of a larger point: while zoning may seem arcane to the average citizen, it is a key tool communities can use and they (officials and residents) will fight hard to utilize these powers rather than let other people decide what “their land” will be used for.