VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
JUNE 1, 2009
CALL TO ORDER – 7:00 p.m.
Mayor Berman called the meeting to order.
ROLL CALL
In attendance: Mayor Dale Berman, Trustee Mike Herlihy, Trustee Chris Faber, Trustee Mark Guethle, Trustee Bob Strusz, Trustee Mark Gaffino, Trustee Vince Mancini, Village Clerk Lori Murray.
Staff in attendance: Village Attorney Kevin Drendel, Assistant to the Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Public Works Superintendent Mike Glock, Police Chief Tom Fetzer, Village Engineer Jim Bibby, Fire District Representative Ryan Lambert.
TRUSTEE COMMENTS – None
AUDIENCE COMMENTS – None
DISCUSSION
1. Discussion of 310 Banbury/NA Care Center Special Use
Community Development Director Scott Buening said that North Aurora Care Center, 310 Banbury Road, is applying for a text amendment and a special use to allow a nursing home to continue on the property. The Village had received several complaints regarding the operations facility. A public hearing was held on November 4, 2008 in front of the Plan Commission. Several members of the public were at that hearing and testified in objection to the proposal. The Plan Commission voted unanimously to deny the text amendment special use. Since that time the petitioner, Staff and their attorney has had several meetings regarding this proposal and there are some issues with the Federal Fair Housing Act in relation to the proposed use. As part of that discussion, the parties have tried to find ways to mitigate the concerns regarding this use. Buening said he believed that has been done with the proposed ordinance. Buening said that a lot of the concerns that have been raised have been in relation to who is living at the facility, the control of the people living there, parking, etc. As part of the negotiations, each of the separate issues were addressed as conditions of approval in the special use ordinance. Some of the items that were addressed in the ordinance included controlled doors that do not allow for immediate access outside of the facility without setting off some type of alarm system, requirement for adding fencing around the outdoor recreational areas from the school, the requirement that residents need to be escorted with staff monitoring anytime they are outside the facility and will need to be signed in and out.
Buening said that the petitioner is proposing another parking lot along the northern edge of the building that would address the parking.
The Special use would only be applicable to the entity that owns it currently and would not be transferable. Any new purchaser would have to apply for a new special use.
Chief Fetzer said he was very pleased with what the petitioner had proposed.
John Philipchuck, 123 Water Street, Naperville IL, attorney representing Petersen Healthcare III, LLC, said that in reworking the special use, they were able to satisfy some of the Plan Commission’s desires that the petitioner not try to modify the nursing home definition and then try to apply that to the R1 zoning district. Philipchuck introduced Mr. Jason Crowder (corporate counsel for Petersen Healthcare) and Cindy White (vice president of operations).
Trustee Herlihy thanked both staff and the petitioner for the thoroughness and detail. Herlihy asked if the paperwork had drawings reflecting storm water improvements. Buening said that the plans did not propose any storm water detention but showed how it will be handled. The condition of approval contemplates that there may be some need for detention once the Village goes through the storm water ordinance requirements.
Trustee Mancini asked about the 8-foot height for the fence on one side and not less than 5 feet on the other. Buening said that the 8-foot fence would be on the side of the school. Mancini asked what is done if someone is charged with a criminal offense at some point and if that person would be allowed to remain at the facility. Mancini said he had trouble with the part of the ordinance which allows for a 30-day period if someone is found to be not who they said they were. Mancini suggested it be changed to 7 days. Mancini said he was on the plan commission when this issue arose and heard from the school district. Mancini said he was shocked and appalled at some of the stories from the school district. Mancini said he was hesitant to approve this since it is in close proximity to the school and due to all of the problems with this facility and the school. Mancini said he would like to see clarification on what “repeated offense” refers to in the document.
Trustee Faber asked about the door situation and if there is an alarm. Philipchuck said the doors are locked and the plan with the new system is that there would be an alarm that would be discharged. The plan with the new system is that the doors are locked and an alarm discharges and there is a delay on the doors of 15 seconds. Faber said he did not think this facility was appropriate next to a school. Faber asked how many people are on the staff. Crowder said he believed there were 15 – 25 staff members and a capacity for the facility of 113 residents.
Trustee Herlihy asked how many employees are to monitor the doors. Crowder said the alarms go off and it is every staff member’s responsibility to deal with the situation. Crowder noted that if someone tries to leave, the staff directs them back. Philipchuck asked how many doors lead directly outside. Crowder said there would be two doors.
Trustee Guethle asked how many people have tried to get out in the last 3 months. Crowder said he was not sure, but did not think there were many. Atty. Philipchuck said they would get that information.
Trustee Gaffino said he agreed with Trustee Mancini that when dealing with children at schools, the Village wants to protect them as best as possible.
Mayor Berman suggested tabling this item and providing more information to the new board members.
Trustee Faber asked how often the police have been called to the facility. Fetzer said there had not been many calls in the last 6 months. .
Trustee Strusz noted that there are two ball fields in that location and they are filled with kids during the summer.
The Board decided to table the item and to hear from the superintendent. Mayor Berman said that the item would be on the agenda for the next Committee of the Whole Meeting.
2. Discussion of a Contract for Services for the Smoke Tree Plaza Roadway Engineering – Scott Buening said that the Village had applied for a small cities grant fund to offset the cost for the proposal, but was not awarded those funds. Staff proposed commencing an engineering study of that roadway. Rempe-Sharpe has given the Village a bid of just under $35,000 to complete that, which includes all of the engineer work and any plats required for any dedication. The intention is to redevelop it as a public road with a sidewalk on one side. Trustee Mancini asked if the engineering will have a life expectancy if the Village does not get funding in three years. Village Engineer Jim Bibby said it will not have to be redone. Trustee Herlihy asked where this was budgeted and the amount that was budgeted. Finance Director Bill Hannah said it was budgeted in the TIF fund for $35,000. Herlihy asked if the amount is a “not to exceed” amount. Community Development Director Buening confirmed this. Consent Agenda.
3. Discussion on the Rejection of a Non-Responsive Bid on the Police Facility Bid Package 12 – The Police Facility Committee recommended rejecting the non-responsive low bidder for package 12 and move to the next lowest bidder. Consent Agenda.
4. Discussion on the acceptance of responsible low bid contractors for the new Police Facility as provided – The Police Facility Committee suggested accepting the responsible low bid contractors for the new police facility. Consent Agenda.
5. Discussion on the acceptance of a Guaranteed Maximum Price from Berglund Construction Company for the construction of the new Police Facility – The Police Facility Committee recommended the Board accept Berglund Construction’s maximum price of $8,873,020.36. Trustee Mancini asked how this price compared to what was budgeted. Wes Kornowske said this was much lower than what the Village had anticipated. One of the original estimates was $9.4 million. Consent Agenda.
6. Discussion of the Annexation of the Mitchell Road Right-of-Way – Community Development Director Scott Buening said that this issue is part of the intergovernmental agreement the Village has with Aurora. As part of the agreement, the village is required to do some swapping of roads. The Village has already disconnected Sullivan Road. The City of Aurora has passed an ordinance annexing. Aurora has agreed to de-annex Mitchell Road south of Stewart to the tollway. Under the agreement the Village is required to annex that property. Staff recommended in favor of the annexation. Consent Agenda.
7. Discussion of an Amendment to the Liquor Code provisions on Supplemental Outdoor Liquor Licenses – Buening said there was some concern about outdoor liquor licenses and requiring an exclusive entrance through the restaurant or bar. Buening said that there are certain cases where the physical configuration of the facility will not allow a second door. Buening said that the proposed change to the ordinance would allow the Village President, as Liquor Commissioner, to review these on a case-by-case basis and make a determination if it is required or not. Atty. Drendel said that the supplemental ordinance is written so that the Village Board has to issue the license, which can be issued with conditions, and the liquor commissioner hands out the license. At this point, they have to come to the board to have a license issued.
Atty. Drendel said that the definition of “premises” was amended.
Mayor Berman also noted that he asked Buening to look at the liquor ordinance. Currently, if someone gets a license the last month of the year, the business has to pay for an entire year. Berman said he did not think this was fair and suggested breaking it down to a quarterly basis. Consent Agenda.
8. Discussion of Options to Address Extension Error by Kane County
Finance Director Bill Hannah said that Kane County made an error in the extension of the Village’s property taxes for 2008, payable in 2009. Between the time the Village approved the extension and the County finalized the extension, they incorrectly coded the Village’s levy for social security that is not subject to tax cap. It doubled that tax levy and therefore there was an overextension of about $230,000. This has an effect of $10 to $50 per most property owners. The Village met with the County and went over the options. Recommended by the County and the Village’s auditors was to let the County abate an equal amount of property taxes next year. The other option was to do a refund this year at the Village’s cost, time and expense. It would be very expensive for the village to do this. The County’s vendor would charge $5,000. The County is looking for direction from the Board so that they know how to proceed.
Atty. Drendel said that the county code has a remedy which is abatement. The other option is one the Village would choose to take on itself. There would be some difficulties. Drendel noted that the Village would have to rely on the County’s data in terms of who the taxpayers are and the taxpayer isn’t always the owner. If the taxpayer changes or is someone the Village can’t track down or if the Village sends it to the wrong person, the Village would have some difficult follow up. The Board decided against the Village spending time and money on this issue and decided to allow the County to abate an equal amount of property taxes next year. Consent Agenda.
9. Discussion of the renewal of the Victim Services Contract with Association for Individual Development – Consent Agenda.
10. Discussion of Oakwood Drive Water Line Easement from Fox Valley Park District –
Consent Agenda.
11. Discussion of an Ordinance Approving the 3rd Budget Amendment for FY 2008-09 –
Additional expenses for personnel expenditures and administration: $30,000 for police overtime which was reimbursed with traffic grant revenue, Public Works had $65,000 and some repairs to traffic signals at Randall & Ice Cream Drive and along Orchard Gateway, late season overtime for snow plowing, over exceeding the budget on some public building repairs and increase in the estimate of the expenditures related to the letter of credit work that was completed related to Tanner Trails and Mirador. Consent Agenda.
12. Discussion on Procuring Goods and Services through the US Communities Joint Purchasing Alliance – Wes Kornowske explained that the US Communities Joint Purchasing Alliance is another way for the Village to solicit competitive pricing. Herlihy noted that the way some of these organizations provide a “competitively bid product or service” is that they might bid their product to a particular federal procurement guideline that has a particular pattern that may seem normal but is not necessarily. Herlihy said that in his experience, some premium products have been the only products that have satisfied that procurement parameter yet it comes across as an item off the shelf. Some other taxing bodies in the western suburbs have used this process and it has worked well and have also used it with some embarrassing surprises. Herlihy said his advice is that the Board be aware of the basis that that competitive bid component was arrived at in the first place. Consent Agenda.
13. Discussion of the Annual Prevailing Wage Rate Ordinance – Trustee Herlihy noted that the Board needs the table of prevailing wages before it can be approved. New Business.
TRUSTEE COMMENTS
Trustee Gaffino suggested the Board consider sidewalks in the area around Eden Supportive Living due to safety reasons. Mayor Berman said this was discussed at a staff meeting earlier in the day and that sidewalks are needed between there and Lovedale with a crossing at Lovedale since there is no safe crossing at that location. Chief Fetzer noted that it is a state roadway. Public Works Superintendent Mike Glock said the Village talked to the state 6 or 7 years ago. The Village can possibly use TIF money to do this. Gaffino said the Village should require sidewalks on Route 31, especially when it develops. Glock said he would check with the state and get back to the Board with more information.
Trustee Herlihy noted his concern about traffic coming off the tollway and into the intersection of route 31. Herlihy said that he has seen several close calls with cars pulling out of Eden Supportive Living and cars from the tollway not yielding to that traffic. Chief Fetzer said that Eden’s road is a private roadway and they are to yield to traffic, but it is misleading with the intersection light.
EXECUTIVE SESSION – None
ADJOURN TO VILLAGE BOARD MEETING – 8:10 p.m.
Respectfully Submitted,
Lori J. Murray
Village Clerk
