Village of North Aurora | Crossroads on the Fox

Committee of the Whole Minutes

JUNE 16, 2014

Mayor Berman called the meeting to order.

In attendance: Mayor Dale Berman, Trustee Mark Guethle, Trustee Mark Gaffino, Trustee Mark Carroll, Trustee Chris Faber, Trustee Mike Lowery, Trustee Laura Curtis, Village Clerk Lori Murray.

Staff in attendance: Village Administrator Stephen Bosco, Community & Economic Development Director Mike Toth, Public Works Superintendent Mike Glock, Police Chief Dave Summer, Village Attorney Kevin Drendel.


1. Discussion of Orchard Commerce Center Hotel Development Annexation Agreement Amendment
The proposal is for a 4-story, 92-room, 52,000 s.f. hotel development which would be located between Genesis Drive and Deerpath in North Aurora. The developer is asking for an amendment to the annexation agreement as well as amendments to the PUD.

The property owner is requesting concessions to certain impact fees, namely traffic impact fees and sewer tap-on connection fees. The property owner is also looking for the Village to create a new liquor license. The transportation impact fee is at $2.00 psf. The property owners have asked the Village to reduce that fee. Through traffic analysis, it was determined that a hotel would be a lot less detrimental in terms of traffic. Staff offered concessions in the amount of $78,555 to the original request of $110,000 by the property owner. The property owner is now requesting $100,000 for some of the impact fees.

Staff came up with a basis for an incentive agreement and felt that anything beyond that should be up to the Board. The Board can grant a larger incentive, uphold staff’s recommendation, offer nothing or send it back to Staff for further review.

Trustee Guethle said he was comfortable with what was offered by the Village.

Village Administrator Stephen Bosco said that the developer would not be paying any sewer connection fees and would be given a 70% reduction in traffic impact fees.

Trustee Curtis said that the Strategic Plan entails increasing daytime population and getting larger anchor developments. Hotels will attract these types of businesses. Trustee Curtis suggested the Village do a cost/benefit analysis and does not want to stop development in a great location.

Trustee Faber said there is legitimate math behind what staff proposed. Faber said the Village has not received anything from the property owners explaining the specifics to what they are proposing.

Curtis said reasoning behind what staff proposed is solid, but do not want to lose a great opportunity. Curtis said this could be a cause of growth and suggested being hospitable with the developer.

John Philipchuck, Attorney, 111 E. Jefferson Ave, Naperville, Illinois. Philipchuck was present on behalf of MHG Hotels, LLP. The corporation would like to build a 92-room Fairfield Inn and Suites. When adding up the fees, the cost for the developer is more than $355,000 in impact fees.

Philipchuck noted that Village Engineer Jim Bibby based his number of trip generations at 100% occupancy. The industry report, Star Report, states that the average occupancy rate is 62%. With this 62% average occupancy, there is a $15,000 difference in impact fees.

Philipchuck said that there is a scheduled hearing on July 1st with the Plan Commission where they will ask to amend the PUD and an amendment to the Annexation Agreement to address some of the fees. There are some height variances that are also needed.

Trustee Gaffino asked Mr. Philipchuck if they had asked the County or Fox Metro to reduce their fees. Philipchuck said he had not but was thinking of going to the County Board and asking Mr. Lauzen for assistance.

Trustee Carroll asked why the Village is bearing the brunt of the reduction. There has been no request to the County or to Fox Metro.

Philipchuck said he spoke with Fox Metro and they said their number is their number and that it could not be adjusted.

Toth said that the $104,000 is a fixed number and cannot be reduced before coming to the Village Board with an Annexation Agreement. It was based upon number of traffic going to and from the site and is not based on the number of floors.

Mayor Berman suggested continuing on with the discussion on this matter

2. Discussion of Special Events Registration Application and Special Events Liquor License

There were some questions of some events in town. There was no specific definition on what a special event was. The definition did not define if a special event was on commercial or residential. Need to define what amplification meant. The internal application did not tie back to the code.

Are there reasonable hours that someone can have a party in their back yard and have a live band in the back yard?

- Page 2 of the ordinance: Definitions: outdoor one-time event or one that is repeated on an annual or periodic basis. Will take out reference to sound amplification.

-Conditions of a special permit: Triggers for what a special event is: use of our property, use of a street or requiring us to put no parking signs, or blocking or obstructing any of our right of way, use of a commercial parking lot, sale of liquor is an automatic trigger for a special event, and any event for which amplification equipment is used. The special permit would be required Sunday – Thursday before 10 a.m. and after 8 pm and Fri & Sat before 10 a.m. and after 10 pm.

Bosco noted the following changes/additions:

1. Definitions – outdoor one-time event or repeated on an annual basis. Reference to amplification requirement to be removed.
2. Conditions for permits – triggers: use of the property, use of a street, requiring park with no parking signs or blocking or obstruction of right of ways, use of a parking lot, sale of liquor,
3. Permits would not be required Monday – Thursday 10 am to 9 pm and weekends before 10am and after 11pm

Special Events and a new liquor license classification
The outdoor special events license only allows charitable or non-for-profits or government entities to pour outside during a government sponsored event.

Any business that wants to have a special event on their property will create an “I” class. I1 and I2 will be for non-for-profits and I3 will be a new one called a retail special use liquor permit for a business that wants to have a special event outside their normal premises.

Hours of operation: 10 a.m – 11 p.m Mon-Thurs and 10 am – 12 pm on weekends.

Bosco said he would make the changes and bring it back to the Board for approval.

Motion to adjourn made by Trustee Guethle and seconded by Trustee Lowery. All in favor. Motion approved.

Respectfully Submitted,

Lori J. Murray
Village Clerk


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