VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
NOVEMBER 17, 2008
CALL TO ORDER – 7:00 P.M.
In the absence of Village President John Hansen, Trustee Herwig called the meeting to order.
ROLL CALL
In attendance: Trustee Max Herwig, Trustee Dale Berman, Trustee Mike Herlihy, Trustee Bob Strusz, Trustee Mark Gaffino. Not in attendance: Village President John Hansen, Trustee Linda Mitchell.
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, Village Engineer Jim Bibby, Pete Iosue of Teska, Water Superintendent Paul Young, Police Chief Tom Fetzer, Bureau Fire Chief Mark Bozik, Village Attorney Kevin Drendel.
AUDIENCE COMMENTS – None
1. DISCUSSION OF AN AMENDMENT TO THE STORMWATER ORDINANCE
Community Development Director Scott Buening said that the current ordinance would be amended so that it meets the FEMA requirements. Atty. Drendel noted that the Board adopted the Stormwater Control Ordinance by reference so the actual language does not appear in the code. Therefore, the amendments will also be adopted by reference. Consent Agenda.
2. DISCUSSION OF A PROPOSED CHURCH AT 161 S. LINCOLNWAY – TYLER GLEN, LLC
Buening said that with the recent changes to the zoning ordinance, all of the business districts require churches to apply for a special use in order to operate in the commercial zoning districts. The Plan commission approved the zoning with several conditions of approval. The Plan Commission requested:
1. Adequate egress for fire exits,
2. The special use be limited to the duration of the existing lease and any permitted extensions,
3. Any transfer from Grace Church of the Valley/Crossway Chapel would only be allowed with
Village Board approval,
4. The use shall only be within the site plan submitted showing Suites 306, 307 and 308,
5. A review of the flooring to ensure it can accommodate the weight load of the occupancy.
Buening said there were some issues with parking, potentially, if the building was full, but did not think it would be a problem until the building becomes full. Buening said that since the Plan Commission meeting, the petitioner’s architect has provided certification that the floor will be adequate to serve the occupancy. The Village inspector also reviewed this and did not believe there was an issue. Trustee Berman said his only concern was with parking. Buening said that there is a possible 16 space deficiency but that it would depend on the end user. Berman said that was fine. Trustee Herlihy said he was fine with the qualifications provided by Staff. Trustees Strusz and Gaffino said they were fine with the proposal. Consent Agenda, provided items mentioned by the Plan Commission are included.
3. DISCUSSION OF A SPECIAL USE FOR A CONVALESCENT HOME IN THE B-2 DISTRICT AT 210 Airport Road
Buening said that Asbury Gardens has a residential hotel/motel use that was approved in the 1980s. With a plan to expand their facility, they came before the Plan Commission with a special use. The Plan Commission recommended approval along with three conditions:
1. A building review committee shall be held to approve the building expansion layout that has
not been done since there was no specific zoning required
2. A sidewalk shall be constructed along the frontage of Airport Road
3. Coordination of the construction traffic shall be done with the Village to ensure that
congestion is not created by the project and the police facility across the street.
Buening added that there was discussion about the potential for access for this facility from Route 31. The petitioner owns the OTB facility so there is ability for them to provide access through the OTB parking lot. Staff also included two additional conditions: 1. Property shall not be transferable to a new owner unless there is review and approval by the Village Board, 2. Special use is subject to the building plans attached (building AA, J and the accessory building K). Buening said the petitioner prefers not to put in the sidewalk along Airport Road. Staff supports a sidewalk in that area to allow for pedestrian circulation. Trustee Herlihy said he was fine with the staff recommendations as well as the sidewalk. The rest of the Board agreed. Consent Agenda.
4. DISCUSSION OF CHANGES TO PARKING REQUIREMENTS IN RESIDENTIAL DISTRICTS
Buening said that the Plan Commission conducted a public hearing at its last meeting regarding this issue. There was substantial discussion over two meetings. Some members of the public came and expressed their concerns about being able to park class D type vehicles within a residential district. At this time, the vehicle limit is 8,000 pounds in the residential districts. Proposed changes:
1. Allowing a higher number of parking spaces in a residential district (proposal was for 2 spaces with 2 garage spaces.
2. Recreational portion of the ordinance be amended to allow parking in side yards on a paved surface.
3. Section 17.44.030J – Recommended increasing the number of passengers for private passenger buses from 10 to 15 passengers.
4. Recommended increasing the allowable gross weight from being less than 8,001 pounds to 10,001 pounds.
5. Disregarding the plate class as long as the weight limit is met.
6. Height limit to be the highest of the tallest factory issued residential type vehicle. Buening said that the highest standard residential vehicle is either 78 or 79 inches in height.
Buening said that the Plan Commission elected to keep Sections J5 and J6 as proposed.
Buening said that there will be some difficulty with enforcing the weight limits on residential streets if the Village allows for D Plates. D Plates allows for vehicles that weigh from 8,000 to 12,000 pounds even though the weight limit that would be imposed would be 10,000. At this time, the Village does not have specific weight limits imposed on most of the residential streets. Buening said that if the Board decides to go with the 10,001 pounds, Staff would recommend that no vehicles higher than a D plate be allowed and that the vehicles not exceed 90 inches in height. Staff also proposed that lettering or equipment on the commercial vehicles be restricted unless in a private garage. Trustee Herlihy said that there is a challenge in determining the GVW of a vehicle if it is not tied into the plate. Herlihy said that this issue needs to be discussed further. Trustee Strusz agreed that more work needed to be done on so that it is easier to enforce. Trustee Gaffino said this would be a nightmare to enforce. Gaffino said he was not in favor of increasing the weight from 8,000 to 10,000 pounds. Buening said that the Plan Commission expressed concern about the Snap-on type trucks and was not in favor of those in residential areas. Gaffino suggested discussing this further since there are too many issues. Buening said that if the Board would like to keep the weight limit at 8,001 pounds, which would restrict the D plate. Buening added that the Board could also build into the ordinance the ability to grant a variance for a particular hardship. To be discussed further at the next cow in December.
5. DISCUSSION OF RIVERWOODS TIF REDEVELOPMENT AGREEMENT EXTENSION
Village Administrator Sue McLaughlin said that due to all of the issues in getting this property ready for development, the developer has requested the start date be changed from the date of the purchase of the note vs. completion of the project. Trustee Herlihy asked if a date should be stated in paragraph A, referencing the date when the disbursement is due. McLaughlin said that a date would be added to the agreement. Trustee Berman said he did not see any reason not to change the beginning date. Rich Gerard of Wyndam Deerpoint said that the triggering date would be tied to when the improvements are far along. When those improvements are completed, will have to be certified by the Village. Atty. Drendel said that as long as there is a clear triggering event, there should not be an issue. New Business.
6. DISUSSION ON LONG-TERM ROAD IMPROVEMENT PLANING AND FINANCING
Finance Director Bill Hannah said that Staff has been meeting to update the Village’s long-term 10/20 year road program for changes in costs and changes in priorities. Hannah referenced the schedule of improvements through 2018 which was provided to the Board. Hannah said that Staff researched other types of techniques to treat roads and maintain roads. One of the processes was micro surfacing, which is a treatment that allows the life of a road to be extended enough years to put off a full mill and overlay. It would be applicable to local roads, not artillery or collector roads. That technique is incorporated into the plan that was provided to the Board. The cost for this program would range from 1.2 to 1.9 million dollars over the next four years, and averaging 3 million dollars a year in years 2013, 2014, 2105.
Staff looked at MFT Funds, CDBG Funding and the Utility Tax. The current Utility Tax expires in March of 2009. If the Village extended this for an additional four years, it would generate enough revenue to cover the funding gap. In addition, Staff talked about generalizing the restrictions on the revenue from local roads to capital projects.
Trustee Herlihy said the Village went several years repairing roads by using MFT funds, which put the inventory of streets in bad shape. Herlihy said that there is still a backlog of streets that have not been repaired. Herlihy said that the Utility Tax was put in place five years ago as an interim gap measure until development took place and the Village started generating sales tax funds to cover these basic village expenses. Herlihy asked Staff how the Village is going to get control of its streets if it keeps pushing the backlog of streets. Hannah said that the Village does not want to lose sight of the big picture. Hannah said that micro surfacing will be a great way to extend the life of the streets. McLaughlin said that Staff is looking for direction from the Board. McLaughlin said that the Village can be more aggressive on the road program, but there is a police station that needs to be built, as well as the riverfront. McLaughlin said that a lot of things have come up and the sales tax is not there.
Trustee Berman said that he has not been in favor of the utility tax in the past and would not be in favor of extending it any further.
Trustee Herwig asked, if the Village is strapped for road money between the sales tax and the utility tax, why it would want to expand the usage from local roads to capital projects. Hannah said it would be due to flexibility and the Board could designate during budget time. Herwig said the Village decided to go with a utility tax five years ago and already had a sunset clause that was renewed, with the idea that something else would come along in sales tax to help support it, and the village could do away with the utility tax. Herwig asked if the Village has used other funding for roads. Hannah said that a portion of the money that was transferred from the general fund to the capital projects fund every year was used to supplement the road program, including this year’s road program. Without that, the Village would not have worked on as many streets. McLaughlin said that there would not be a transferring of funds any more, mostly because of the police station debt. McLaughlin said that the utility tax expires in March. If the Board decides against renewing the utility tax, the Village will only be able to do so much in roads until there is another source of funding that will pay for the projects. Trustee Herwig said he did not have a problem extending the utility tax once more for the sake of the roads, but if the majority of the board decided not to renew the tax, the Board needed to understand what position it puts the Village in terms of roads.
Trustee Herwig recommended discussing the Utility Tax at the next meeting.
7. DISCUSSION OF A STOP SIGN AT THE INTERSECTION OF OAK STREET AND SYCAMORE LANE
Public Works Superintendent Mike Glock said that the traffic study showed that the intersection warranted stop signs. The blinking signs are to be delivered on Wednesday.
8. DISCUSSION OF A RESOLUTION SUPPORTING SURPLUS CELL PHONE DONATION TO THE CELL PHONE FOR SOLDIERS PROGRAM
Assistant to the Village Administrator Wes Kornowske said the Village recently updated its entire cell phone inventory with Nextel’s Customer Loyalty Program for 99 cents per phone. Seventeen of the phones were given to employees who had phones that were more than two years old. The seventeen old phones are sitting as surplus phones. Those phones can go to auction, be directly sold or provided for the “Cell Phone for Soldiers” program. Every cell phone the Village would donate would equal one 60 minute calling card for a soldier overseas and that calling card is a free refill for the time they are overseas. The Board was in favor of providing the phone for the “Cell Phone for Soldiers” program. Consent Agenda.
9. DISCUSSION OF A REDUCTION IN THE LETTER OF CREDIT FOR RANDALL SQUARE.IN THE AMOUNT OF $180,823.60 FOR A BALANCE OF $136,215.47
Village Engineer Jim Bibby said the letter of credit reduction #2 was for the southwest corner PUD developed by Avram Builders at Oak at Randall. This reduction holds the $130,000 balance which includes a $76,000 overall contingency for the project and will be held throughout the maintenance period until fall of 2009. Atty. Drendel asked if this would be substantial completion of public improvements and triggering the maintenance period. Bibby said that the LOC is not written with that statement at the time, but could come back with that statement in the spring. Bibby said the Oak Street entrance is held off with a no reduction allowed and that is because there is still a power pole that has to be moved. Bibby recommended completing this in the spring of 2009 and coming back to the Board and initiate the one year maintenance. Consent Agenda.
TRUSTEE COMMENTS
Trustee Herlihy said the Veterans Day ceremony went very well and was well attended.
EXECUTIVE SESSION – None
ADJOURNMENT – 8:30 p.m.
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.
