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Village Board Minutes

VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING MINUTES
MARCH 19, 2012

CALL TO ORDER – 7:00 pm
Mayor Berman called the meeting to order.

SILENT PRAYER – MEDITATION – PLEDGE OF ALLEGIANCE

ROLL CALL
In attendance: Mayor Dale Berman, Trustee Chris Faber, Trustee Mark Guethle, Trustee Mark Gaffino, Trustee Laura Curtis, Trustee Vince Mancini, Village Clerk Lori Murray. Not in attendance: Trustee Ryan Lambert.

Staff in attendance: Village Atty. Kevin Drendel, Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Water Superintendent Paul Young, Public Works Superintendent Mike Glock, Police Chief Dave Summer.

AUDIENCE COMMENTS – None
TRUSTEE COMMENTS – None

CONSENT AGENDA
1. Approval of Village Board Minutes dated March 5, 2012; Approval of Committee of the Whole Minutes dated March 5, 2012
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes. Motion approved (5-0).

PROCLAMATION Dave Peterson, Larry Burns, Randy Keup
Mayor Berman read a proclamation in recognition of the beautification efforts for four properties on North Lincolnway (16, 18, 20 & 22 N. Lincolnway) in the Village of North Aurora. Mayor Berman recognized Dave Peterson (16 N. Lincolnway), Larry Burns (20 N. Lincolnway) and Randy Keup (22 N. Lincolnway) for the beautification of their properties.

NEW BUSINESS
1. Approval of an Ordinance Approving a Special Use for a Motor Vehicle Service
Station for the Property Located at 417 S. Lincolnway
Community Development Director Scott Buening mentioned that the Village Board had previously approved the use of a gas station at this location. The special use is for a 24-hour operation. There are a number of variances they have requested in relation to setbacks for the building. They have also requested a variance for sign size to increase the maximum allowable sign size and for site plan approval. The Plan Commission reviewed this at the public hearing March 6th and residents voiced their concerns about drainage, gas leakage, lighting glare and traffic to and from the site. The Plan Commission voted unanimously in favor of the special use and the building setbacks variances and the site plan approval. They denied the request for the sign variance.

Tony Montana, 415 Offutt Lane, North Aurora – Mr. Montana addressed the Board on behalf of the residents of Offutt and Lovedale Lanes.

Topic 1 (Remove future entrance on northeast corner on property from plans) – Condition 7, page 10 of the packet reads, “if the access point on Offutt needs to be closed in the future due to improvements to Offutt Lane, the owner shall be permitted to relocate this access point to the north, subject to review.” Montana said they do not agree with this recommendation. Montana said that at the Village Board meeting of 11/21/11, it was voted that half a pork chop be allowed for exit only onto southbound Offutt Lane. The new plan adds an entrance onto the site from Offutt Lane adjacent to that original exit, as well as a future entrance/exit on the northeast corner of the property. The residents proposed that the future northeast entrance be completely eliminated for future plans. Montana said that as a correction to the plan commission minutes the future entrance was incorrectly stated as being on the northwest corner and is actually on the northeast corner.

Topic 2 (No sidewalks on Offutt Lane) – Montana said that a sidewalk will create an attractive nuisance to their properties. The proposed sidewalk on the eastern side would be a sidewalk to nowhere at this point. The only reason someone would use the sidewalk would be to find a shortcut to the bike trail. Once the sidewalk ends, the individual may cut through the residents’ yards and that may pose a serious liability and financial risk to the residents. Montana said that the residents are against anything that will increase pedestrian traffic along Offutt Lane.

Topic 3 (Fence/Shield from gas station) – Condition 6 of the Plan Commission Minutes reads, “additional landscaping buffering shall be added along the eastern part of the site. Said landscaping shall consist of evergreen materials to screen the parking lot all year round.” Montana said the residents do not feel that this protects their properties. In addition to the evergreens, residents requested a masonry privacy wall of 10-12 feet tall along the entire property line at Offutt Lane, similar to the privacy wall at the Speedway Gas Station at 4032 US Hwy 34 in Oswego. Residents also wanted the wall to extend along the northern border of the property with the addition of full grown evergreen trees along backside of the wall.

Topic 4 (Signs/Lighting/Noise/Garbage) – Residents agreed with the Plan Commission denial of the sign variance. The variance on increased lighting was withdrawn by Speedway and residents of Offutt and Lovedale were in agreement. Residents requested lights under the canopy be fully recessed and within the required foot candles of the Village ordinance. Residents also requested a skirt on the east side of the canopy extending two feet lower than the ceiling of the canopy to further block light from the residents or that the canopy be extended to the store.

Per Plan Commission Condition #5 stating that architectural plans shall be revised to show full screening of rooftop equipment along the west side of the building prior to issuing building permits was in error. It should be corrected to state full screening of rooftop equipment along the east side of the building.

Topic 5 (Detention Pond /Adequate Drainage/Environmental Concerns) – Page 50 of the Zoning Ordinance states that a ¾ acre detention pond is required unless water quality can be improved. Speedway has proposed a nutrient separating baffle box. Speedway Engineer at the Plan Commission meeting said this would not contain all of the water runoff in a very heavy rainfall.

Topic 6 (Property Values) – In Yorkville, two area realtors said there would be a 10-20% reduction in market values of homes facing the Speedway. Michelle Slaughter of 413 Offutt Lane spoke to Jill Woods, a local realtor, who said that properties would decrease in value if a gas station was built.

Topic 7 (Mechanical Failure) – Recent spill of 1500 gallons of diesel fuel at the FAA facility which is 1.6 miles from the Fox River. This took 6 hours to migrate to the Fox River. Cost of cleanup was half a million dollars. Speedway is approximately 200 feet from the Fox River. Montana asked how much faster an oil spill would take to migrate to the Fox River if there was a spill at the proposed Speedway.

Topic 8– Montana said that the residents very much appreciated the Board’s votes and comments last November which resulted in changes to the site plan which were beneficial to the residents. Montana said that the proposed Speedway Gas Station threatens residents with the loss of property values, harmful fumes, garbage in yards, 24 hour noise and lights and decreased privacy.

Motion for approval made by Trustee Mancini and seconded by Trustee Guethle. Trustee Guethle asked the developer why a privacy wall was not included in the plan. Representatives for Speedway said that since the Plan Commission meeting, their architect has come up with more screening in that area and wanted to stay with a more natural look. The plan is to have an additional five evergreen trees that are a minimum of 6 feet tall which will end up growing to 30-40 feet and be 10-20 feet wide. Additional shrubs have also been included in the plan. Trustee Gaffino asked if this section could be bermed. Speedway said yes and that the idea is to have a mixture of trees and shrubs. There will be a brick building with full screening. Screening will be year round. Curtis asked what the aversion was to putting up the wall. Speedway said that a 12-foot masonry wall would not be an option, but could work with a 6-ft board-on-board fence with evergreen trees. Guethle said he liked the board-on-board fence. Trustee Curtis asked why the Oswego Speedway had a wall. Speedway said the Oswego store was originally a Gas City and therefore it was pre-existing. It is not something that Speedway normally does.

Mancini said that the east side of the parking lot puts out a lot of light to the east and is closest to the residents. In the past the Village has lowered lamps or put shields on the lights. Buening said that one of the conditions of the ordinance is that they will have to comply with photometric requirements of the ordinance. Mancini said that the light on the far northeast is at the corner but can be lowered or reflected in some way. In light of the setbacks, this is important to consider. Mancini asked that there be a lot of focus on the eastern side.

Mayor Berman asked Buening to speak on the topic of sidewalks. Buening said that it is Village policy whenever the Village does road improvements to install sidewalks along one or both sides of all public roads. There will be no liability for property owners because it will be a public sidewalk maintained by the Village.

Trustee Faber asked Speedway if a masonry fence was negotiable. Speedway said they would work with a board-on-board fence with landscaping. Landscaping can also be placed on the east side of the fence to make it nicer for the residents. Berming was also suggested.

Trustee Curtis asked Buening to speak on the detention pond issues. Buening said that Speedway is proposing cash in lieu of detention. The site is almost 100% impervious and therefore Speedway is not required to put in a detention pond. There is not any type of room to put in an effective detention pond.

Mancini said he would like to see some regulatory aspect requiring Speedway to inspect the catch basin periodically. Buening said this could be included in the ordinance. Speedway said they would be able to provide the Village with an annual inspection report.

Faber asked where excess spillage would fall. Speedway said in excess of 50 gallons would go downstream. Faber asked if Thornton’s or the other Speedway in town has any spillage devices. Buening said there is nothing at either of the two stations.

A resident in the Offutt and Lovedale Lane area said the land is sloped and therefore since the land is already angled, the overflow will come towards their property. Curtis asked if the residents are currently having problems with runoff. Answer was yes. Curtis said if there is currently runoff, then Speedway is offering a solution. The engineer for speedway stated that the existing site sheet drains across. Speedway is proposing curbs (6-inch curb) and diverts it into stormsewer. Also proposing curbs on Offutt.

Buening noted that the condition on the screening of rooftop equipment should state on the east side and not the west side.

Trustee Mancini amended the motion which was seconded by Trustee Guethle to include berming along the northeast and eastern boundaries up against the residential to the extent allowed by applicable codes and engineering practices. Lighting on east side to not allow spillage into the eastern residential area and every time tank is inspected by the owner, that the Village receive notice of the inspection so we can monitor that it is being done regularly. Second by Guethle. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Faber – no. Motion approved (4-1).

2. Approval of a Professional Services Agreement between Layne Western and the
Village of North Aurora
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (5-0).

3. Approval of a Contract Renewal with BSI for the Cross Connection Control
Program
Motion for approval made by Trustee Guethle and seconded by Trustee Curtis. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (5-0).

4. Approval of a Motion to Join the Protect Local Government Revenue Coalition
through the Northwest Municipal Conference without Finance Contribution
Motion for approval made by Trustee Faber and seconded by Trustee Guethle. Roll Call Vote: Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (5-0).

5. Approval of an Ordinance Approving the 3rd Budget Amendment for Fiscal
Year 2011-12
Wes Kornowske said that this budget amendment is in regard to the site stabilization of the Rubeloff 5-acre piece. The Village engineer scoped it and he came back with three alternatives. The third alternative is $59,337.30 which contains a 10% engineer’s contingency along with engineering fees. Kornowske said if we bid this out will be closer to the $45,000-$50,000 figure. Budget amendment amount is $50,000. Staff suggested moving forward with alternate #3. Motion to approve made by Trustee Guethle and seconded by Trustee Faber. Trustee Curtis asked what would happen if the Board approves this and it ends up being bid for $200,000. Finance Director Bill Hannah said that the budget amendment is for $50,000. There are some expenditures that are under budget in the public works department. The Village will probably be in the black $120,000 in the General Fund this year. The overall impact will be minimal if the Board decides to move forward. Curtis said she was concerned with the size of the paving area which would only fit 42 cars. Curtis asked how this would be conducive to hosting North Aurora Days. Kornowske said this is more of a staging area and for rides. Parking would be at the North Aurora Towne Center and people could walk to the festival. Sidewalks are being planned for the area through the North Aurora Towne Center Agreement.

Trustee Gaffino suggested foregoing the seed and letting the land weed and just mow the area. Gaffino said that seeding that land would be like throwing money away at this point. Kornowske said that the Village could hydroseed the bald spots and let the rest weed and mow.

Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (5-0).

6. Approval of an Ordinance Approving the Sale of Surplus Property
Motion for approval made by Trustee Mancini and seconded by Trustee Gaffino. Roll Call Vote: Trustee Mancini – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes. Motion approved (5-0).

7. Approval of a Contract with Landscape Concepts in the amount of $13,981.00
per year, for the 2012-14 Roadside Grass Cutting Program
Motion for approval made by Trustee Gaffino and seconded by Trustee Guethle. Roll Call Vote: Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Faber – yes, Trustee Mancini – yes, Trustee Curtis – yes. Motion approved (5-0).

8. Approval of a Contract with Outdoor Assets, LLC in the amount of $6,985.00
per year, for the 2012-14 SSA Grass Cutting Program
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (5-0).

9. Approval of North Aurora Village Hall Renovation Certificate of Final
Completion and Final Pay Request from Robert Yiu Construction, Inc. in the amount of $106,331.00
Motion for approval made by Trustee Guethle and seconded by Trustee Curtis. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes. Motion approved (5-0).

10. Approval of Pay Request No. 2 from Copenhaver Construction, Inc in the
amount of $8,663.85 for the installation of the Route 31 Sidewalk from I-88 to Lovedale Lane
Motion for approval made by Trustee Guethle and seconded by Trustee Mancini. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes. Motion approved (5-0).

11. Approval of Bill List dated 3/19/12 in the amount of $184,313.25
Motion for approval made by Trustee Gaffino and seconded by Trustee Guethle. Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Guethle – yes, Trustee Faber – yes. Motion approved (5-0).

OLD BUSINESS – None
VILLAGE PRESIDENT REPORT – None
COMMITTEE REPORTS – None
TRUSTEES’ COMMENTS – None

ADMINISTRATOR’S REPORT
-Working on a Use Agreement with Old Second Bank for the Clocktower Plaza for North Aurora Days.
-State of the Village Luncheon April 26 @ 11:30 a.m. at Oak Street Bar & Grill.
-April 27 – Coffee with the legislatures in the Board room.
-Interactive Stream – construction on April 19th.
-April 16 – Village Hall Open House.

ATTORNEY’S REPORT – None
FIRE DISTRICT REPORT – None

VILLAGE DEPARTMENT REPORTS
A. Finance – Bill Hannah said that the finance department is working on getting a draft
budget out next week. Some good year over year numbers from tbe Income Tax and Use Tax partly due to the withholding adjustments people made late last year, causing a big increase in returns this year for the income tax revenue.

B. Community Development – Buening said that the Development Committee would
be meeting on Wednesday to discuss a number of administrative items in regard to signage, drainage and some excess land in Willow Lake Subdivision.

C. Police – None

D. Public Works – Preconstruction meeting for the sewer lining was today.

E. Water – 2012 Watermain Project is under way and into the third week. Banbury
Road is complete with the exception of a few connections with the existing main. Work also started on the west side loop from Harmony to Cedar. Will start next week in the Goodwin School area. Young said he would be going to Springfield for the ISAWWA Conference where the Village’s water sampling will be taken for state competition.

ADJORNMENT
Motion to adjourn made by Trustee Guethle and seconded by Trustee Mancini. All in favor. Motion approved.

Respectfully Submitted,

Lori J. Murray
Village Clerk

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