VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
FEBRUARY 23, 2009
CALL TO ORDER – 7:40 p.m.
Village President Hansen called the meeting to order.
ROLL CALL
In attendance: Village President John Hansen, Trustee Dale Berman, Trustee Mike Herlihy, Trustee Bob Strusz, Trustee Mark Gaffino, Trustee Linda Mitchell, Trustee Max Herwig, Village Clerk Lori Murray.
Staff in attendance: Village Administrator Sue McLaughlin, Assistant to the Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Public Works Superintendent Mike Glock, Water Superintendent Paul Young, Police Chief Tom Fetzer, Attorney Kevin Drendel.
AUDIENCE COMMENTS
Roy K. McGinty, 5202 Washington, Suite 5, Downers Grove, IL 60515 – addressed the Village Board regarding the Village’s towing ordinance. McGinty addressed the Board on behalf of A-1 Discount Towing, which tows in North Aurora. McGinty stated that the current ordinance requires that a relocation towing driver secure a great deal of information and report it to the North Aurora Police before it hooks up the vehicles or engage in any other towing. McGinty said that this puts the driver at risk. McGinty said the real issue is not whether the towing company should report information to the police, but when, and urged that tow drivers be permitted to leave the property before requiring information to the police of the tow. State law requires the report be made within an hour within the Chicago metropolitan area. Outside that area, state law requires that it be made within 30 minutes. McGinty said that if the Village allows the tow truck to get safely away from the property where the vehicle is trespassing, before requiring making the report, it would remove the additional risk to the tow truck driver.
Trustee Herlihy said he did not believe the village ordinance requires the car to be hooked up before calling the police department. Chief Fetzer said they are required to do this before the car is towed. Herlihy said that the towing company or towing driver can make notice before there is any risk. Atty. McGinty said that the minute the driver gets out of the tow truck is when he is at risk. Herlihy said the driver does not have to get out of the tow truck and can be a mile away when calling in the information. Atty. McGinty said the tow driver has to have a VIN number.
Berman said there is no reason for the truck to be towed if the owner is present and can drive the vehicle away. Atty. McGinty said that it depends on what the vehicle owner is doing at the location. Very often, once the tow truck driver gets out of the vehicle to get the vehicle information, they are subject to being attacked. Trustee Herwig said that the concern presented is in a case where a vehicle is being repossessed. Herwig said it should be taken that into consideration on how the police should be notified.
Atty. Drendel said that the Village ordinance does not address repossession. Atty. McGinty said the danger is the same in both situations.
Trustee Gaffino said he witnessed situations where vehicles were not secured properly and were a danger to the citizens. Gaffino said he does not want to see the quick pick up and run by the towing company. Gaffino said that if the company can call in the tow before getting to the location, it would be better. Chief Fetzer said that there are 7 or 8 towing companies that work in North Aurora and only received a complaint about one and that was A1 Towing. Fetzer added that A1 is the only one that is not in compliance with the Village’s ordinance at this time.
Atty. Drendel said that if there is a confrontation and the owner is present, the driver should let the car go. Atty. McGinty said that it usually isn’t a conversation. Trustee Herlihy said he did not see a reason to revise the Village’s ordinance, which is protecting the public and the owner, as well. Herlihy suggested having the towing company put a burden on their client to say it will tow from the property but the property owner has to get the information.
Trustee Herwig asked the village attorney if the Village should have a repossess section in the ordinance. Atty. Drendel said he was not sure the Village has the authority to deal with that but would check on this and get back to the Board.
TRUSTEE COMMENTS – None
1. DISCUSSION OF RANDALL HIGHLANDS PUD AMENDMENT – SIGNS (WASHINGTON RIVER LLC) – Community Development Director Scott Buening said that recommendations by staff and petitioner were in the agreement. Staff asked the petitioner to revise the application regarding height adjustment from 55 feet to 50 feet. All other restrictions have been agreed to by the petitioner. Trustee Herlihy said that a site plan was not presented. Herlihy said the west elevation sign will face directly west to the townhomes. Buening said the elevation labeled north would be facing Randall Road. There would be no sign facing the Wiseman Hughes townhomes. Herlihy said he did not have a problem with the sign and gable that faces north, but had a problem with the east-facing sign being so large and high. Herlihy suggested lowering it on the building and it would still be viewable from Randall Road. In terms of the awning signs, facing a public street would require Mother’s Pancake House to remove the south awnings. Herlihy said that if a door is on a diagonal, a sign is permitted on both sides and did not think that many signs and that much square footage was necessary.
Trustee Berman said the Village needs to come to an agreement with the developers on each item, but that the Village does not want to hinder helping them do business. Berman said that if the business really feels that more signs are needed, the Village should investigate it and take it on a one-by-one basis. Trustee Herwig said he didn’t have a problem with signage on the awnings as long as it is on the edge and not on the top. Herlihy asked how staff has addressed these signs. Buening said that has not been addressed but will be corrected so that signs are placed on the vertical face and not on the slope.
Trustee Gaffino said he liked the idea of signs being placed on the vertical slope. The representative from Washington River, LLC said they could forego the signage on the angle portion of the awnings.
Buening said he would bring a new ordinance with new verbiage to the next board meeting. New Business.
Trustee Mitchell said she did not have a problem with the sign’s height on the hotel and suggested leaving the sign where it is. The representative from Washington River suggested leaving the sign where it is at but not lighting the sign. The Board agreed to this suggestion.
2. DISCUSSION OF THE REVIEW OF THE PROPOSED 2009 ZONING MAP – Consent Agenda.
3. DISCUSSION OF A RESOLUTION SUPPORTING THE EXTENSION OF ORCHARD GATEWAY BLVD TO HEALY ROAD/BLISS ROAD
Community Development Director Scott Buening said that this resolution would support the possible extension of Orchard Gateway west to Bliss Road. This was requested by the Village of Sugar Grove. They have looked at access to the areas north of I-88. Their long range plans are for industrial parks and some commercial. The issue is that they do not have good interstate access to those properties and therefore they are looking at Orchard Gateway. Buening said this benefits the Village since it would bring business to the Village from those working or visiting the new businesses. Trustee Herlihy noted two concerns. Herlihy said he would like to see a comprehensive plan for the area since it appears to be contrary to the Kane County 20/20, 20/30, 20/40 plan. Since the Village’s scope of interest is limited, Herlihy said he would like to see something in the form of a comprehensive plan. If it becomes a suburban industrial park, the Village is looking at a substantial load of truck traffic. Herlihy said the sideway legs of the Orchard Gateway legs of that intersection are the Village’s responsibility. As far as the north Sugar Grove/Elburn residents, they currently have access to the businesses at Orchard Gateway and did not see this extension of Orchard Gateway as improving this. Trustee Berman said that in looking at the western terminus of the road, it looks like it would defeat what the Village would really want. Herlihy said the Village would also need to discuss water and sewer topics. Trustee Gaffino agreed with Trustee Herlihy and asked what would be in this for the Village. Village President Hansen suggested more discussions on this before making a decision. The Board agreed.
4. DISCUSSION OF THE BID PROPOSAL FOR 2009-2011 GRASS CUTTING FOR SSA 4 & 8 FROM OUTDOOR ASSETS IN THE AMOUNT OF $6,301
Public Works Superintendent Mike Glock suggested going with the low bidder, Outdoor Assets for $6,301. Consent Agenda.
5. DISCUSSION OF THE BID PROPOSAL FOR ROADSIDE GRASS CUTTING FROM JOHN WALDSCHMIDT IN THE AMOUNT OF $11,635 FOR 2009, $12,100 for 2010 and $12,584 for 2011 – Consent Agenda.
6. DISCUSSION OF THE BID PROPOSAL FOR THE 2009 – 2011 STREET SWEEPING MAINTENANCE FROM BALT’S POWER SWEEPING IN THE AMOUNT OF $80 PER HOUR – Consent Agenda
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TRUSTEE COMMENTS – None
EXECUTIVE SESSION – Threatened Litigation and Review of Exec. Session Minutes I & II dated 2/2/09
Motion made by Trustee Gaffino and seconded by Trustee Herlihy to adjourn to executive session for the purpose of threatened litigation and review of executive session minutes. All in favor. Motion approved.
ADJOURNMENT
Motion made by Trustee Herlihy and seconded by Trustee Gaffino to adjourn the meeting. All in favor. Motion approved.
Respectfully Submitted,
Lori J. Murray
Village Clerk
