Village Board Minutes

VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING MINUTES
NOVEMBER 19, 2012


CALL TO ORDER – 7:00 pm
Mayor Berman called the meeting to order.

SILENT PRAYER – MEDITATION – PLEDGE OF ALLEGIANCE

ROLL CALL
In attendance: Mayor Dale Berman, Trustee Chris Faber, Trustee Ryan Lambert, Trustee Mark Guethle, Trustee Mark Gaffino, Trustee Laura Curtis, Trustee Vince Mancini, Village Clerk Lori Murray.

Staff in attendance: Village Attorney Kevin Drendel, Interim Village Administrator/Police Chief Dave Summer, Finance Director Bill Hannah, Public Works Superintendent Mike Glock, Water Superintendent Paul Young, Pete Iosue of Teska Associates, Dan Watson of Rempe-Sharpe.


PUBLIC HEARING
1. Public Hearing to Consider Amendment to the Annexation Agreement between the Village of North Aurora, Illinois, and Wiseman-Hughes Enterprises, Inc. /Wiseman-Hughes Enterprises, Inc. - Randall Highlands Subdivision dated June 27, 2005
Pete Iosue of Teska stated that the petitioner is requesting to amend the annexation agreement to address some surety issues. They are also requesting to reapprove the plat of re-subdivision that was approved for the clubhouse which has since expired. There are no changes from the original annexation agreement that was approved in January.

Atty. Drendel said the subdivision came to a halt a number of years ago when the economy began to fall as well as the real estate market. The property is owned by MC2 investments. Mel Eisenstein is the principal. Next Generation has stepped up to complete the remaining public improvements and to move forward with a multifamily development which was the subject of the plat of re-subdivision in January that was approved by the Board. They have had to ask for some accommodations due to difficulty in financing. The main amendment deals with how the Village deals with surety. Atty. Drendel stated that one of the things that provides the Village comfort is the fact that there is a lot of buffer. The Village feels that the developer’s estimate to complete the work is 35% on the high side.

Atty. Drendel said that some of the public improvements that will be accepted at the Village Board meeting is the earthwork that was completed years ago. This will bring their surety amount for the remaining public improvements down to an amount that is manageable in terms of them getting financing and providing surety. The petitioner has proposed that they would present a bond for the maintenance surety. They have also asked for some assistance in terms of the surety they post to guarantee the remaining work to be done, which will be cash. The difference is that they would post cash in an escrow account that will be used to pay down the work as it is done. They will lay 6 foundations this year and do the rest in the spring and have development completed by next fall, along with all of the public improvements. The Village will have the ability to call on the escrow if needed to finish the work if the petitioner fails to complete the work themselves.

There were no audience comments. Mayor Berman closed the public hearing.

AUDIENCE COMMENTS
Lisa Quigley 3S714 Deerpath – In reference to the Zepelak proposal, Ms. Quigley said the petitioner keeps referring to Mango Creek and the fact that flexible zoning was allowed there and should also be allowed on their proposed property. Quigley did not agree with this and said that the two developments are very different and separate properties. Mango Creek will exit out to a four lane arterial road. It is bounded by a school and condos. There will be a road out onto Mooseheart Road. Quigley added that there will be trucks going through the area if business is allowed and the road is very close to a park where there are lots of children on bicycles and mothers with strollers. Quigley said the Village should not allow flex zoning.

Quigley said that the Plan Commission’s approval was contingent upon eliminating the flex zoning, however the new petition remains the same with the most liberal zoning of R4 and B2. Quigley said it is in the Village’s best interest to wait until the petitioner comes back with a plan and then decide on zoning. The Commission does not want business on Mooseheart Road, flexible zoning and high density.

Quigley suggested that when a plan comes before the Village, it should be provided to all of the owners that were originally sent notices and should be provided 2 weeks before the meeting. Lastly, Quigley suggested not allowing any kind of automotive business for the proposed area.

TRUSTEE COMMENTS - None

CONSENT AGENDA
1. Approval of Village Board Minutes dated 11/5/2012
2. Approval of an Interim Bill List dated 11/7/2012 in the amount of $20,896.30

Motion for approval made by Trustee Guethle and seconded by Trustee Curtis.
Trustee Faber asked Finance Director Bill Hannah, in reference to the Bill List, about the check for the nuisance bond. Hannah said the nuisance bond return was in relation to a building permit that was posted.

Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. . Motion approved (6-0).





OLD BUSINESS
1. Approval of an Ordinance Authorizing and Directing the Execution of an
Annexation Agreement for Property located West of Orchard Road and North of Tanner Road – Zepelak / Orchard
Pete Iosue of Teska said that Staff has worked with the property owners to address some of the concerns raised by the Village Board and Plan Commission and documents were adjusted to reflect the discussions. Iosue said he listed those major changes in his memo. The petitioner added notification to adjacent property owners at the time of site plan approval. Architectural-type requirements would apply to any proposed residential. There would be architectural approval as well as site plan approval.

Motion for approval made by Trustee Guethle and seconded by Trustee Curtis.

Trustee Mancini asked about reimbursement for the access on Orchard. On page 12, the last sentence reads, “the owner or developer shall be entitled to reimbursement through a sales tax rebate agreement if the County requires a dedication of Deerpath connector road to be oversized.” Mancini asked if reimbursement is only in the case of an oversized road. Section 8 states 20% of the cost shall be paid back through sales tax benefits but doesn’t if the road is only to be oversized. Atty. Drendel referenced Section 8 which addresses the incentives. In the second sentence, it states that “the village recognizes that the owner/developer may need to make offsite and construct oversized onsite improvements. Drendel said the developer only get the rebate on oversized improvements.

Mancini said the Village is also allowing recapture for putting up lights at Orchard and the new Deerpath connector road. Mancini asked if the Village can get the same from Mango Creek. Atty. Drendel said there is recapture for both. Mancini said that the approved uses (Exhibit I) should not include car lots. Mancini said he was not a fan of car related businesses such as body shops or oil change places for the area due to the proximity to residents.

Trustee Gaffino was concerned with three items in the annexation agreement:
1. 80% of the cars that would be allowed to park on the street for the residential development and was concerned that this could result in a parking situation similar to the case at Summerwind.
2. Page 24, item 31 - Not necessary to mention the liquor license in an annexation agreement.
3. Page 3 (next to last paragraph) talks about a 100-foot setback and 80-foot right of way. Gaffino was concerned with the view of the backside of the buildings and suggested a nice buffer along that road.

Trustee Mancini agreed with Trustee Gaffino that the landscape buffer should be included in the agreement.

Motion made by Trustee Mancini and seconded by Trustee Curtis to amend the proposed annexation agreement to strike the “no landscape buffer shall be required” language and item #17 on Exhibit B of the permitted uses, being automotive dealerships both used and new from the proposed annexation, and limiting automotive repair uses to the most southerly parcel which does not have the flex zoning. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes. Motion approved (6-0).

Roll Call on the Motion to approve the annexation agreement: Roll Call Vote: Trustee Faber – no, Trustee Mancini – no, Trustee Lambert – yes, Trustee Guethle – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Mayor Berman – yes. Motion approved (5-2).

2. Approval of an Ordinance Annexing the Stanley L. Zepelak Trust Property
located West of Orchard Road, North of Tanner Road and East of Deerpath Road to the Village of North Aurora – Zepelak / Orchard.
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – no, Trustee Faber – no, Trustee Lambert – yes, Trustee Guethle – yes. Motion approved (4-2).

3. Approval of an Ordinance Zoning and Granting a Special Use as a Planned Unit
Development for Commercial and Multi-Family Use for the Property Located West of Orchard Road, North of Tanner Road and East of Deerpath Road – Zepelak / Orchard
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Faber – no, Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – no. Motion approved (4-2).

NEW BUSINESS
1. Approval of a Resolution to Reduce the Letter of Credit Amount and to Extend
the time for Completion of Public Improvements for Randall Highlands Townhomes and Single Family Subdivisions
Motion for approval made by Trustee Mancini and seconded by Trustee Gaffino. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (6-0).

2. Approval of an Ordinance Reapproving the Plat of Resubdivision of Lot 64 in
Unit 1 in the Randall Highlands Development
Motion for approval made by Trustee Guethle and seconded by Trustee Mancini. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

3. Approval of an Ordinance Approving the First Amendment to the Annexation
Agreement between the Village of North Aurora, Illinois, and Wiseman-Hughes Enterprises, Inc. – Randall Highlands Subdivision dated June 27, 2005

Motion for approval made by Trustee Lambert and seconded by Trustee Gaffino.

Atty Drendel questioned what amount of the $334,000 relates to improvements that have been completed for several years and what amount relates to improvements that were done this year and will be finished next year. Dan Watson of Rempe-Sharpe said that the majority relates to improvements that were already made. Watson said the developer is putting escrow up for $775,000 and the Village has estimated that $592,000 would be required to complete the remaining improvements. Drendel said it is not the desired surety but there is a lot of buffer and a lot of buffer in their estimates. Faber asked if there is language as in the Letters of Credit as far as approving the insurance company. Drendel said that was not built into the ordinance.

Danielle Dash of Next Generation said that the reason they are asking for the revision is because the lender is not a bank and therefore cannot issue a letter of credit. The lender is financing the costs of the improvements to complete. Faber suggested that in the future this be treated the same way as the Village treats banks.

Atty. Drendel said that Staff is still considering that the Village will ask for Letters of Credit going forward. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes.
Motion approved (5-0).

4. Plat of Resubdivision for Grant Street (recycling place)
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (5-0).

5. Approval of a Collective Bargaining Agreement between the Village of North
Aurora and the International Union of Operating Engineers, Local 150, Public Employees Division, representing the Village’s Public Works and Water Department beginning June 1, 2012 and ending May 31, 2015.
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes. Motion approved (5-0).

6. Approval of a Motion Approving Pricing from Carus for the Purchase of
Chemicals Through December 31, 2013, in Amount not to exceed $67,000.
Motion for approval made by Trustee Gaffino and seconded by Trustee Faber. Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes. Motion approved (5-0).

7. Approval of IMLRMA Min-Max Contribution for 2013 and Payment of 2013
Min-Max Contribution.
Motion for approval made by Trustee Mancini and seconded by Trustee Curtis. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis - yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (5-0).

8. Approval of an Ordinance Amending the -North Aurora Code Section 5.08.350
by Increasing the Number of Class B Liquor Licenses Authorized in the Village of North Aurora (Run-Away-Restaurant)
Motion for approval made by Trustee Lambert and seconded by Trustee Guethle. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (5-0).

9. Approval of Bill Listing in the Amount of $577,915.58
Motion for approval made by Trustee Guethle and seconded by Trustee Faber. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (5-0).

VILLAGE PRESIDENT – None
COMMITTEE REPORTS – None
TRUSTEE COMMENTS - None

ADMINISTRATOR’S REPORT – Dave Summer reported that Village Hall will be closed on Thursday and Friday for the holiday weekend.

ATTORNEY’S REPORT - None
FIRE DISTRICT - None

DEPARTMENT REPORTS.
A. Finance
Bill Hannah stated that the monthly reports went out last Friday. Staff is currently working on the annual renewal of the employee benefit packages.

B. Community Development
Pet Iosue reported that the Route 31 TIF grant applications will be reviewed at the Development Committee meeting in a couple of days. The annual TIF meetings for all of the TIF districts were held last week.

C. POLICE – None

D. PUBLIC WORKS
Mike Glock reported that the pedestrian lights at the crossing at Oak and Randall have been installed. Glock also reported that a lot of trees have been cut down in the Timber Oaks subdivision. On December 3rd, will present bids for the Board to approve for tree planting.

E. WATER
Paul Young reported that Well 6 should be running mid to late next week.


ADJOURNMENT
Motion to adjourn made by Trustee Gaffino and seconded by Trustee Faber. All in favor. Motion approved (5-0).


Respectfully Submitted,

Lori J. Murray
Village Clerk