VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
DECEMBER 1, 2008
CALL TO ORDER – 7:00 p.m.
Village President Hansen called the meeting to order at 7:00 p.m.
ROLL CALL
In attendance: Village President John Hansen, Trustee Dale Berman, Trustee Mike Herlihy, Trustee Mark Gaffino, Trustee Linda Mitchell, Trustee Max Herwig. Not in attendance: Trustee Bob Strusz.
Staff in attendance: Village Administrator Sue McLaughlin, Assistant to the Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Village Attorney Kevin Drendel, Police Chief Tom Fetzer, Bureau Fire Chief Mark Bozik, Water Superintendent Paul Young, Village Engineer Jim Bibby.
AUDIENCE COMMENTS – None
TRUSTEE COMMENTS – None
PUBLIC HEARING – Truth in Taxation
Village President Hansen opened the public hearing for Truth in Taxation. Finance Director Bill Hannah explained that the public hearing was for the annual truth in taxation for the 2008 property tax levy. The Village is required to hold the hearing since the proposed levy will exceed 105% of last year’s property tax extensions for 2007. The reason it exceeds 5% is due to levying more than the village will normally collect to ensure the Village captures the value of new construction. Hannah explained that there are two components to the property tax levy in terms of how the Village’s extensions for next year will increase over the current year’s extensions. The first is the Consumer Price Index. This year the applicable CPI was 4.1%. The other component is new construction. The Village estimates that there will be $16,000,000 EAV added to the Village’s equalized assessed valuation. That will add about $50,000 to the Village’s property tax collections for next year.
There were no questions. Village President Hansen closed the public hearing.
1. DISCUSSION OF AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES IN AND FOR THE VILLAGE OF NORTH AURORA, FOR THE FISCAL YEAR BEGINNING JUNE 1, 2008 AND ENDING MAY 31, 2009
Bill Hannah noted that the annual actuarial valuation for the police pension fund was included this year, comprising a large portion of the levy. The amount the Village is required to contribute to the pension fund next year increased from $388,000 to $440,000. Hannah estimated the Village would receive about $1.9 million dollars in property taxes exclusive of debt service and exclusive of the library for the next calendar year. Consent Agenda.
2. DISCUSSION OF AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED FOR THE YEAR 2008 TO PAY DEBT SERVICE ON $900,000 GENERAL OBLIGATION BONDS, SERIES 2000 (Alternate Revenue Source)
Consent Agenda.
3. DISCUSSION OF AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED FOR THE YEAR 2008 TO PAY DEBT SERVICE ON $1,770,000 GENERAL OBLIGATION BONDS, SERIES 2003 (Alternate Revenue Source)
Consent Agenda.
4. DISCUSSION OF AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED FOR THE YEAR 2008 TO PAY DEBT SERVICE ON $3,500,000 GENERAL OBLIGATION BONDS, SERIES 2006 (Alternate Revenue Source)
Consent Agenda.
5. DISCUSSION OF AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED FOR THE YEAR 2008 TO PAY DEBT SERVICE ON $9,000,000 GENERAL OBLIGATION BONDS, SERIES 2008 (Alternate Revenue Source)
Consent Agenda.
6. DISCUSSION OF AN ORDINANCE LEVYING THE TAXES FOR THE WATERFORD OAKS SPECIAL SERVICE AREA #4 FOR THE FISCAL YEAR BEGINNING JUNE 1, 2008 AND ENDING MAY 31, 2109
Consent Agenda
7. DISCUSSION OF AN ORDINANCE LEVYING THE TAXES FOR THE WOODLAND LAKES SPECIAL SERVICE AREA #5 FOR THE FISCAL YEAR BEGINNING JUNE 1, 2008 and ENDING MAY 31, 2009
Consent Agenda
8. DISCUSSION OF AN ORDINANCE LEVYING THE TAXES FOR THE OAK HILL SPECIAL SERVICE AREA #7 FOR THE FISCAL YEAR BEGINNING JUNE 1, 2008 AND ENDING MAY 31, 2009
Consent Agenda
9. DISCUSSION OF AN ORDINANCE LEVYING THE TAXES FOR THE PINECREEK (PHASE III) SPECIAL SERVICE AREA #9 FOR THE FISCAL YEAR BEGINNING JUNE 1, 2008 AND ENDING MAY 31, 2009
Consent Agenda
10. DISCUSSION OF AN ORDINANCE LEVYING THE TAXES FOR THE HARTSFIELD ESTATES UNITS 1 & 2 SPECIAL SERVICE AREA #10 FOR THE FISCAL YEAR BEGINNING JUNE 1, 2008 AND ENDING MAY 31, 2009
Consent Agenda
11. DISCUSSION OF AN ORDINANCE LEVYING THE TAXES FOR THE WILLOW LAKES SPEICAL SERVICE AREA #11 FOR THE FISCAL YEAR BEGINNING JUNE 1, 2008 AND ENDING MAY 31, 2009
Consent Agenda
12. DISCUSSION OF AN ORDINANCE LEVYING THE TAXES FOR THE TIMBER OAKS SPECIAL SERVICE AREA #8 FOR THE FISCAL YEAR BEGINNING JUNE 1, 2008 AND ENDING MAY 31, 2009
For Items 6 – 12, Bill Hannah explained that there is a certain amount for each Special Service Area that needs to be levied. Most amounts are the same as the prior year except for a couple of the SSAs where there is a funding issue or a cost increase. Hannah said that the amount for Timber Oaks includes only the standard costs that the Village has levied for this year, and nothing additional for the maintenance issues. Hannah said that if there is a change, it could be approved under New Business next week. McLaughlin said she is still waiting to hear from Chris Faber on the issue. McLaughlin said she believed the Village discussed paying for the cost and having Timber Oaks pay the Village back through the SSA with interest. McLaughlin said the cost could be levied next December. Herlihy asked if it is possible to charge the SSA when those costs occur and the SSA have a deficit balance until it is funded from a future levy. Hannah said yes. Hannah said that if the Village has the cost, a partial amount could be included this year in the levy. McLaughlin said she had suggested $5,000 since that is the figure that was mentioned by the Timber Oaks committee in the past. Trustee Mitchell said that if there is a good estimate, the Village should include some amount of money in this year’s tax levy and it can always be adjusted if there is a difference that is less for the following year. The Board suggested $5,000. Consent Agenda
13. DISCUSSION OF A RESOLUTION OF THE BOARD OF LIBRARY TRUSTEES OF THE MESSENGER PUBLIC LIBRARY FOR .02% MAINTENANCE TAX
Consent Agenda.
14. DISCUSSION OF MFT OBLIGATION RETIREMENT RESOLUTION FOR THE 2008 TAX LEVY YEAR
Consent Agenda.
15. DISCUSSION OF CHANGES TO PARKING REQUIREMENTS IN RESIDENTIAL DISTRICTS
Community Development Director Scott Buening said that surrounding communities were surveyed for comparison purposes in their parking requirements in residential districts. Buening said the problem with the D plate issue is that there is no practical way to enforce it with a 10,000 pound weight limit. Buening said that a question that came up previously is what the Village would do for the existing D plates. Buening said that the Board has the option to grandfather those plates or possibly grant a variance. Buening said that Staff has a list of the vehicles with D plates that exist as of today.
(Jim Bibby arrived at 7:14 p.m.)
Atty. Drendel said that if the Village wanted to stay with the 10,000 pound limit, to require anyone with a D plate whose vehicle fits within the limitation, to register with the Village and be provided with a sticker that would be affixed to the vehicle. Those without a sticker would not be in compliance. Trustee Herlihy said that a vehicle can be less than 10,000 pounds without the equipment loaded onto the truck and over 10,000 pounds when loaded. Herlihy said there is no way to visually enforce or identify that something is compliant or not.
Buening said that the ordinance currently states 8,000 pounds. D plate truck would be in violation. Trustee Herlihy asked why the Village cannot enforce the current ordinance. Buening said the current ordinance has an 8,000 pound limit and the Village was starting to enforce this when there were concerns that were brought to the Village. The Board said that the intent of the ordinance is to target true commercial vehicles (dump trucks, snap-on trucks) from parking in residential areas.
Trustee Gaffino said that residents would probably not want to look at the Snap-on type trucks or dump trucks in their neighborhoods, rather than pickup trucks. Village Administrator Sue McLaughlin asked if the concern is to save the roads or to protect residents from a feeling of dilapidation. Trustee Herlihy said that part of it is zoning and some of it is streets and sidewalks. Trustee Berman said he believed it was more about commercial vehicles that have lettering on the side which residents might not want to see parked in a residential area at all times.
Buening said that the current ordinance reads, “No commercial vehicle having a gross weight in pounds, including vehicle and maximum load, in excess of 8001 pounds and bearing a class designation other than A or B under the provisions of the Illinois Vehicle Code shall be parked or stored on a residential premise classified in a residential district, except when making deliveries….” Trustee Herwig suggested getting information on vehicle weight from the manufacturer. Trustee Gaffino said the intent is not to target large residential cars such as Excursions, pick-up trucks, Hummers, etc.).
The Board suggested that the focus should be on the definition of “commercial vehicle”.
16. DISCUSSION OF AN APPLICATION FOR A 2009 SMALL CITIES GRANT WITH KANE COUNTY
Buening said that the Village is applying for a grant to pay for the engineering studies for the Smoketree Lane acquisition and improvement. Rempe Sharp has put together a proposal for about $34,000. Buening said the Village would like to get half of this reimbursed by the county if the Village is awarded the Small Cities Grant.
17. DISCUSSION OF PAY REQUEST NO. 1, PARTIAL IN THE AMOUNT OF $424,370.07 AND CHANGE ORDER NO. 1 IN THE AMOUNTOF $5,986.60 FOR AURORA BLACKTOP, INC.
Village Engineer Jim Bibby said that this payout is for reconstructing the Mirador subdivision, including Mooseheart Road east of Deerpath. All work is substantially complete except for the sidewalk. The total project will come in 1% below the contract price. Consent Agenda.
18. DISCUSSION OF FINAL PAY REQUEST IN THE AMOUNT OF $42,686.55 TO TRI-COUNTY EXCAVATION AND CONSTRUCTION INC., FOR THE TANNER TRAILS BONDED LOT REPAIRS
Consent Agenda.
19. DISCUSSION ON THE OVERLOOK DESIGN DEVELOPMENT SUBMITTAL
Assistant to the Village Administrator Wes Kornowske asked for approval from the Village Board to move forward with construction documents and bidding the project in January. Consent Agenda.
20. DISCUSSION OF AN ORDINANCE AMENDING CHAPTER 10.32 OF THE NORTH AURORA CODE REGARDING TOWING AND NOTIFICATION
Police Chief Tom Fetzer said that apartment complexes in town contract with towing companies to remove vehicles that are parked in violation of their rules. Fetzer said there have been issues with A-1 Towing. This ordinance will make the towing company register with the Village. Atty. Drendel said that with this ordinance, the Village will require licensing with the ability to pull a license if people have multiple violations. Drendel said that the ordinance states what an actual tow means. If an owner shows up while a vehicle is being hooking up, the tow company would need to unhook the vehicle and not be able to charge a fee. The Village will require that notice be given to the police department before a company tows a vehicle and provide fax information after they get to the lot where the car was towed. Atty. Drendel said there are two or three additional items that need to be written into the ordinance, per suggestions from Officer Cyko. New Business.
TRUSTEE COMMENTS – None
ADJOURNMENT – 8:05 p.m.
Motion made by Trustee Herlihy and seconded by Trustee Berman to adjourn the meeting. All in favor. Motion approved.
Respectfully Submitted,
Lori J. Murray
Village Clerk
