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An Attentive Municipal Organization that Connects with Community, Commerce, and Nature.

Committee of the Whole Meeting

COMMITTEE OF THE WHOLE
MONDAY, JANUARY 16, 2006 7:30 PM
(AFTER JOINT Meeting WITH PLAN COMMISSION)

CALL TO ORDER

Village-President Hansen called the meeting to order.

ROLL CALL
In attendance: Trustee Shoemaker, Trustee Berman, Trustee Herlihy, Trustee Gaffino, Trustee Herwig.
Not in attendance: Trustee Mitchell

AUDIENCE COMMENTS

Jim Roush said that he would like to express his concerns with the development on Route 31 and Sullivan Road. He is not against special uses, but they are against anything that will generate more traffic. The only exit they have is the light at Lovedale. He said there are many restaurants, and they already have a hard time getting out. He said there is a slope coming up to Sullivan Road, and it is blinding traffic that is making a turn. He said that it is a terrible situation right now.

In reference to these comments, Atty. Drendel said that based on the constraints in the law, the record for the Extra Space Storage matter must be limited to what was presented at the hearing. Due to the constraints of the law the Board cannot consider any additional matters presented outside the hearing.

Lin Muttschall of 308 Magnolia Drive said that the four street lights on Randall Road and Comiskey Drive lit up their backyard and their house. Not only her house but several other houses were completely illuminated on Thursday night. She wanted to thank Trustee Herwig for coming to their house to see for themselves the problem. She wanted to also thank Mr. Glock. She said that they agreed to use just two of the four lights, the ones on the west side and not east side, and it has made a difference.

Ann Aurelius of 310 Magnolia Drive said that she wanted to thank Village-President Hansen, Trustee Herwig, and Mike Glock for their prompt phone call. She agrees that the light situation makes a difference. She wanted to know the status of the money on the fence. She said that the money was to be released 30 days after the final plat and that was on October 10.

Trustee Herlihy said that he suggested to Mike that when the traffic lights get turned on they are going to need shrouds.

Sue McLaughlin said they are in discussion with Wiseman-Hughes regarding the fence money. Wiseman Hughes and Richmar Realty are disagreeing on recapture amounts. They are withholding the fence money until they get everything worked out with the recapture.

Trustee Herwig said that we need to send them the message that we need the money for the fence, and their issue has nothing to do with the fence. Sue McLaughlin said she would pursue it.

Trustee Herlihy said that we should bid out the fence.

1. Mosquito Contract 3 year renewal

Mike Glock said that there was an increase in the cost of the contract to spray for mosquitoes by 5%. He recommended Clarke Environmental Mosquito Management without the bid process being Clarke Mosquito is the only contractor around for such work.

Consent agenda.

2. Well #4 Project awarding of bid

Mike Glock said that this was for the redrilling. Water Well Solutions out of Wisconsin were the low bidder.

Consent agenda.

3. Discussion on Amusement Tax

Atty. Drendel said that there are three principal contributors to the amusement tax. He said there are some decisions to be made. Based on his research and updated case law since 1997, he is comfortable by saying that physical fitness is not an amusement and can be cut out of the ordinance. The other things that aren’t so clear are dancing. We have to draw a distinct line and not be hypocritical. He said we can draw the line at participation. Another line that we could draw would be eliminating instructional activity. He said another line we could draw is where the revenue generated doesn’t meet the administrative burden. He said we could draw other lines but we have to have uniformity in the law. He said that maybe we could sit on it and have the board think about it, and perhaps come up with other possibilities. Village-President Hansen put this on the agenda for the next Committee of the Whole Meeting.

4. Ordinance regarding preservation of trees

Sue McLaughlin said that Wes made the changes that were mentioned at the last meeting.

Trustee Gaffino said he wondered if we were going to do something different by increasing fines. He said that he would like to see some more strict enforcement.

Trustee Herwig said that he thinks that on paper it seems like we are covered, but he thinks that in practice the developers may not be swayed by the current enforcement.

Atty. Drendel said that we cannot fine more than $750 dollars, but we can charge however much for the replacement value of the tree.

Sue McLaughlin suggested adding a clause that left to the boards’ discretion the choice to collect the money for the value of the tree or replace the tree.

Atty. Drendel said that it might make sense to identify specifically what trees that the board wants to protect.

Trustee Herwig said that he wants an ordinance that says that if the developer cannot replace a tree because it is too big, then it should be compensated for through money.

Resident Bill Slaker said that the objective is to not have the trees cut down in the first place. If they do get cut down then the consequences should deter them from doing it again. If the consequences were such that it wasn’t to the developers’ advantage, then those determinations will be done beforehand. He has seen that money to developers isn’t that important to them, and instead respond to whether they are working or not.

Village-President Hansen said to put this on the agenda for the next Committee of the Whole meeting.

5. Discussion of Payout request #3 to Whittaker Construction for the West Water Treatment Plan in the amount of $39,137.25

Mike Glock said that all the work has been completed.

Consent agenda.

6. Discussion of Payout request #1 to Michels Corporation for 2004-05 Sanitary Sewer Rehabilitation in the amount of $170,719.79

Mike Glock said that this is part of the maintenance. We reviewed the tapes and recommend this payout.

Consent agenda.

7. 1st Budget Amendment for 2005/2006 Budget Year

Bill Hannah said that most of the items he summarized in the memo. Establishing the budget for Oak/Orchard project are the big projects, and establishing money for the project through the general fund. He feels comfortable using cash reserves.

Consent agenda.

8. Authorizing Issuance of General Obligation Alternate Revenue Bonds

Bill Hannah said that we went over the scope of the projects at the Water Tech meeting. This is the next step in the process.

Village-President Hansen said to put this under new business

9. Sod Watering Study Impact

Dewayne Williams said in December at the Committee of the Whole meeting we discussed how many permits we would issue. He put together a sod watering study impact. Wes prepared a chart that shows water usages. He said we will take care of 390 permits in the allotted time. He suggests that this be passed within the next two to three weeks, so he can send out a notice to developers what the policy is and when it will be started.

Consent agenda.

10. Ordinance Amending the Water Rate: Turn-on/Turn-off fees

Sue McLaughlin said that this was brought to the board earlier and had a higher fine. They want to recoup costs for having to turn off the water due to nonpayment of the water bill. We currently have the ten dollar fee, but we are requesting it be increased from $10 to $50 if we have to go out there for nonpayment.

Trustee Herwig said that he recommends at least covering the hourly rate of labor and have the payment be at least $25 dollars.

Atty. Drendel said that we may need to add in something to deal with the sanitary shutoff.

Sue McLaughlin said that Fox Metro will be paying that and not the homeowner, and they will be setting the fee.

Consent agenda.

11. Resolution for approving of Audit Services

Bill Hannah said that this is a new three year agreement with Sikich Gardner. The village has been happy with them. Their fee increases are 3.3%. He highly recommends considering their proposal for the next three years.

Consent agenda.

12. Minutes: Village Board/ Committee of the Whole – October 19th, 2005

Village-President Hansen put this under old business.

13. Executive session: Imminent litigation.

A motion was made by Trustee Herlihy to discuss imminent litigation and seconded by Trustee Gaffino. All in favor. Motion approved.

A motion was made by Trustee Berman to adjourn the Committee of the Whole meeting and seconded by Trustee Herlihy. All in favor. Motion approved.

Respectfully Submitted,

Joseph P. Lowery
Village Clerk

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