VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
OCTOBER 6, 2008
CALL TO ORDER – 7:00 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 Linda Mitchell, Trustee Max Herwig. Not in attendance: Trustee Mark Gaffino.
Staff in attendance: Village Administrator Sue McLaughlin, Assistant to the Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Village Engineer Jim Bibby, Village Attorney Kevin Drendel, Police Chief Tom Fetzer, Bureau Fire Chief Mark Bozik, Public Works Superintendent Mike Glock, Water Superintendent Paul Young.
AUDIENCE COMMENTS – None
TRUSTEE COMMENTS – None
1. DISCUSSION REGARDING THE ANNEXATION AND DEVELOPMENT FOR THE DEER RUN SUBDIVISION OFF DEERPATH ROAD (ZEPELAK) – John Philipchuck, attorney on behalf of Zepelak Trust, addressed the Board. Atty. Philipchuck said that the Plan commission recommended approval of the development, annexation and zoning. There were a couple of issues from the Board. One request from the Board was to remove the lot that was fronting Deerpath Road. The other issue was with finalizing discussions with Village Engineer Jim Bibby and Staff in regard to the improvement of the intersection at Deerpath and Mooseheart Road. Philipchuck reported that they were able to accomplish those items. In addition, the Village’s consultant and Staff looked at the architectural standards. Those recommendations were taken into account and Zepelak added additional requirements that would make it even more stringent as far as the type of home that would be built in the Deer Run subdivision.
Community Development Director Scott Buening said that Zepelak removed the lot on Deerpath Road and incorporated it into the development where Lots 30 -33 are located. Another lot has been put in place, which reduced the size of some of the other lots so that they are at least 20,000 s.f. Those lots are still bigger than the other lots nearby, but slightly smaller to accommodate an additional lot. In exchange for that, Zepelak has also agreed to a 50-foot building line along Deerpath Road for the lots that abut Deerpath. The developer has architectural requirements for the development. Teska & Associates proposed the requirements and the petitioner added to those restrictions. Atty. Drendel said that in relation to the landscaping, the design guidelines mention a guarantee in the event that weather prevents landscaping. Atty. Drendel asked if that would be a cash deposit. Atty. Philipchuck said that a bond would be posted. Atty. Drendel asked if that would be added to the Annexation Agreement. Philipchuck said it would be part of the guidelines in the Annexation Agreement.
Village President Hansen asked if the trustees were comfortable with the square footage as presented by the petitioner. There would be 26 lots in the subdivision with less square footage than what has been required by the Village in the past. Atty. Philipchuck said that this is an infill piece and would be a blending property. Village Administrator Sue McLaughlin said that the trustees have mentioned in the past that this would be acceptable for this piece of land. Buening noted that the petitioner has also agreed to the new impact fees.
Trustee Herlihy said he indicated at the first review of this plan that the 14,000 s.f. minimum should be held to. The petitioner had proposed some architectural covenants, which have been presented tonight.
Village President Hansen asked for trustee comments on this discussion:
Trustee Herlihy said that in the back of Lots 28 and 29 where there is an existing wetland, it is labeled as a preservation easement. Herlihy asked what will be imposed on the two lot owners to convince them to preserve the easement. Atty. Philipchuck said there will be specific language in the covenants that will address what can be done. Philipchuck said they would probably require any modification in that easement area to be presented to the Board from the development for approval. Herlihy asked if this would be recorded on their individual plat of survey. Herlihy said that there are situations where drawings show information that are not shown on the plat to the buyer (i.e. 50 foot utility easement). Philipchuck said Mr. Zepelak will make sure that the builder that purchases the two lots is notified that there will be easements and that that information would have to be explained to the owner. Atty. Drendel suggested tying this into the Annexation Agreement. Atty. Drendel said he was in favor of staff review to do anything to the property and requiring any change in covenants, that notice be given to the Village. Philipchuck said that he would put language into the agreement to cover this issue. Trustee Herlihy asked what would be done to completely destroy the existing field tiles so that they are not interfering with foundations. Village engineer Jim Bibby said that the Village ordinance requires that the field tiles be picked up at the perimeter of the subdivision and routed into the stormsewer system. Bibby said that the tiles should be fully removed as part of the up front development as well as tied in and incorporated on the perimeter of the subdivision. Bibby said it should be stated specifically in the Subdivision Control Ordinance. Bibby said it could be added to the preliminary engineering drawing, as well. Atty. Drendel said it should also be stated in the Annexation Agreement. Herlihy asked if the slope on the west side of the road would sheet drain to the pond and to Lot 21. Bibby said that was correct.
In terms of the covenant list, Herlihy asked for clarity on A1C as far as the primary façade (50% masonry).
In paragraph A7 (Monotony), Herlihy suggested a third lot or alternate elevations. Herlihy said that the minimum dwelling sizes (paragraph 8) will potentially position what would be built on this to be the smallest homes out west of Orchard Road. Herlihy said he did not come away with that expectation when the initial application came before the Village. Buening said this was a minimum recommendation by Teska, but if the Board felt the number was too small, it could be increased. Herlihy said that this property complements its surroundings and the focus on the 14,000 s.f. minimum lot size is to manage a transition into a rural/semi-rural region in that area. Herlihy said that the Village does not want to create devaluation. Buening said that the E3 district currently requires a minimum house size of 1500 s.f. Therefore, this would be an increase.
Village President Hansen asked about the placement of sign monuments. Philipchuck said they would be placed at the entrance. Hansen asked if it would be placed on the easement. Philipchuck said it would be placed on the landscape easement along the frontage and the monuments signs would cut the corner to accommodate the entrance features. Trustee Herlihy said that the Village wants those on parcels dedicated to the homeowners association in the SSA. Philipchuck said that the plan is to have the signs on a landscape easement that will be maintained by the homeowners association, but not owned by the homeowners association since it is an easement. Philipchuck said this will be noted in the covenants. Atty. Drendel said that the Annexation Agreement will be specific on this issue.
Philipchuck said that the easements for the signs will be on Lots 1 and 21.
2. DISCUSSION OF TYLER GLENN LLC – TEMPORARY USE FOR A CHURCH (161 S LINCOLNWAY) – Scott Buening said that the application is for a special use that is pending. Due to circumstances, the applicant missed the deadline to be on the October Plan Commission agenda. The applicant is requesting the ability to operate the church in the facility sooner than the time that the special use would be granted. Buening noted that the Board recently amended permitted and special uses in the business districts. Churches were removed from permitted uses in certain places to special uses. The applicant would like the Village to grant a temporary use until action can be taken on the special use application which is scheduled for the November Plan Commission meeting. Buening said that Staff recommended some limitations which were submitted in the Staff report, and suggested those be incorporated as part of the recommendation if the Board allows the use.
James Urhausen (28 N. 1st Street) addressed the Board and requested temporary permit for a worship center, sanctuary, offices, and kitchen. The church would be approximately 5,000 s.f. at 161 S. Lincolnway (aka River Park Atrium). The name of the church is Greens Church out of Aurora.
Trustee Berman asked why the Village was not going through the regular procedures with the Plan Commission. Buening said the applicant is going through the normal procedures but due to the meeting notice requirements, they missed the October deadline. Berman asked if this church would affect the tax status of the property. Buening said that the Village would want to maintain their taxable status. The building itself is about 70,000 s.f. of leasable area and the church is only 5,000 s.f. of the building. The rest would be rented to other tenants that would be non-tax exempt. This would not create a situation where this would be a tax exempt property. Herlihy asked what happens if the church becomes very successful and grows quickly. Buening said that would raise a concern and would need to be addressed as part of the special use application. Atty. Drendel said it could be limited in terms of the size and the area within the building. The applicant requested the special use permit in order to do their own buildout and be in the building before January. Trustee Mitchell said that doing the buildout prior to approval by the Plan Commission and final approval by the Village Board would not be a wise business choice. Trustee Mitchell asked if occupancy was planned before the 60 days trial period. The applicant said no.
Trustees Herlihy and Berman said they wanted to hear from the Plan Commission before making any kind of decision.
Village Administrator Sue McLaughlin suggested the item be placed on New Business for Monday night in order to hear from the entire Board.
Trustee Herwig said that he did not have a problem issuing a temporary permit in order to do structural work and as long as there is no occupancy. Herwig said that the worst thing that would happen is if the Plan Commission decided not to approve, whatever work that was done in 60 days could be wasted. Herwig said he did not have a problem providing the permit as long as the applicant understood that the Plan Commission could turn it down. Herwig said the applicant would be taking 100% of the risk and this would not cost the Village a dime if the request is denied.
The Board decided to have the Plan Commission review this at their next meeting and the item would be placed under New Business for the Nov. 10th Village meeting. The Board would then vote on the request on November 17th.
3. POWERPOINT PRESENTATION ON THE PROCESS OF USING THE LEAF FACTOR – Public Works Superintendent Mike Glock provided a powerpoint presentation to the Board on the use of the leaf vactor. Leaf Vactor pick up dates will be Oct. 20th, 27th and Nov. 3rd.
McLaughlin said that the maker of the vactor will provide a safety session for the workers.
4. DISCUSSION OF CHEMICAL ROOT KILLING
Glock said that the cost for the chemical root killing will be $16,873.13, which will come out of the Sewer Maintenance Fund. New Business.
5. DISCUSSION ON THE PURCHASE OF A PICK-UP TRUCK FOR PUBLIC WORKS IN THE AMOUNT OF $22,626.90 – Consent Agenda.
6. DISCUSSION OF AN AMENDMENT TO TITLE 16 OF THE VILLAGE CODE REGARDING APPROVED PARKWAY TREES – Glock suggested removing Ash trees from the list of approved parkway trees. Consent Agenda.
7. DISCUSSION OF THE ANNUAL IDOT STATE ROADWAY RESOLUTION – Consent Agenda.
8. DISCUSSION OF PAY REQUEST NO. 2 IN THE AMOUNT OF $534,556.17 TO GENEVA CONSTRUCTION FOR THE 2008 NON-MFT STREET IMPROVEMENTS – Consent Agenda.
9. DISCUSSION OF A FINAL PAY REQUEST TO GENEVA CONSTRUCTION IN THE AMOUNT OF $48,562.65 FOR THE 2006 MFT STREET IMPROVEMENTS – Consent Agenda.
10. DISCUSSION OF PAY REQUEST NO. 12, FINAL, IN THE AMOUNT OF $25,000.00 TO WHITTAKER CONSTRUCTION & EXCAVATING, INC. FOR THE EAST WATER TREATMENT PLANT – Consent Agenda.
11. DISCUSSION REGARDING SCHEMATIC DESIGN OF POLICE STATION
McLaughlin asked the Board for direction regarding the possibility of making the community room into a temporary boardroom if the current Village Hall is being rehabbed. McLaughlin said that configuring the space into a boardroom would be at a cost of a million dollars. McLaughlin said that the studies show that the main floor of Village Hall would not be large enough to accommodate the Village’s growth in 20 years.
Trustee Herwig said he did not believe the Village would outgrow the building in 20 years and was not in favor of making the community room suitable for the Board. Herwig said his concern is that the room needs to have a main function for training and emergency control center. Herwig added that it could lend itself as a community room but should mainly be for training and the EOC. Trustee Mitchell agreed. Mitchell said she was in favor of relocating the Public Works Staff to the Public Works garage which would free up space at Village Hall. Mitchell said she was not in favor of spending a million dollars to turn the community room into a village boardroom. Village President Hansen agreed.
Trustee Strusz said he understood the thought behind the community room but also understood that the cost was high to turn it into a boardroom.
Trustee Berman said he was in favor of keeping the room as a community/training room. Berman said he was fine with the current Village boardroom and felt that the Village has adequate space for future needs.
Wes Kornowske explained that the original parking required 40 spaces which was then increased to 60 spaces. The Board was in agreement that the 60 spaces would be adequate.
Matt Fickel of Wold Architects said that the next step would be design development. New Business.
12. DISCUSSION OF AN ORDINANCE AMENDING SECTION 9.12.070 REGARDING FIREWORKS
This would allow the police to ticket a property owner for violations. Consent Agenda.
13. DISCUSSION ON THE DESIGN OF THE PROPOSED RIVERFRONT OVERLOOK
Design Perspectives provided a presentation on the riverfront overlook. New Business.
TRUSTEE COMMENTS – None
EXECUTIVE SESSION – None
ADJOURNMENT – 9:30 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
