VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING
AUGUST 14, 2006
CALL TO ORDER
Village President John Hansen called the meeting to order.
ROLL CALL
In attendance: Village President John Hansen, Trustees Paul Shoemaker, Mark Gaffino and Max Herwig. Trustee Mike Herlihy arrived at 7:22 p.m. Not in attendance: Trustees Dale Berman and Linda Mitchell.
Staff in attendance: Sue McLaughlin, Atty. Kevin Drendel, Bill Hannah, DeWayne Williams, Mike Glock, Jim Bibby, Tom Fetzer and Mark Bozik.
PRESENTATION OF AWARDS TO POLICE OFFICER LAURA KOLANOWSKI AND SGT. DAVID FISHER
Village President Hansen awarded service medals to Sgt. David Fisher and Officer Laura Kolanowski. On June 24, 2006 Fisher and Kolanowski were dispatched to 350 Wildwood Drive in reference to an alarm. Officer Kolanowski detected a burning odor and located the source of the alarm to be at 349 Timber Oaks Drive. Officers were able to extinguish the source of the fire from the kitchen stove prior to the arrival of the fire department. Officers found a female, unconscious, on the kitchen floor, revived her and removed her from the residence. Village President Hansen said that due to Sgt. Fisher and Officer Kolanowski’s quick response and their actions taken, the female was rescued from a life-threatening situation and her home was safe from extensive damage. Chief Fetzer and Village President Hansen awarded ribbons for Sgt. Fisher and Officer Kolanowski to wear on their uniforms.
AUDIENCE COMMENTS
Michael McKnight, 7 Lovedale Lane, North Aurora – Mr. McKnight addressed the Board regarding the constant dog barking coming from Mr. Scott’s Dog Resort. McKnight read from a log he has kept from the last time he came before the Board. The log noted dates and times that the dogs are barking. McKnight said that he and his neighbors are concerned because they are unable to enjoy their back yards due to the constant barking throughout the entire day. McKnight said that after his last visit to the Board the Village said they were going to monitor the situation. McKnight stated that Trustee Herwig has been the only trustee to visit his residence since that time. McKnight said that there are 17 neighbors affected by this business and he asked for the Board’s thoughts. Atty. Drendel said the Village Board, with the recommendation of the Plan Commission granted a special use for a dog kennel. However, the giving of the special use does not allow anyone to conduct their affairs and to operate and use the property in a way that is a nuisance to the neighbors, which appears to be the situation. Atty. Drendel said the Village has an ordinance that has been on the books for years that exempts dog kennels from the noise ordinance. Atty. Drendel noted that it is not a zoning ordinance, rather a police power ordinance that applies to anyone in the Village. This can be changed and there is no assurance to anyone in the Village that the general laws will remain the same. If the business owner is relying on the fact that he is an “exempted business”, he does not have the right to rely on that for the future. Atty. Drendel advised the Board to eliminate that from the noise ordinance at this point. Drendel further advised that Staff sit down and consider what, if anything, needs to be done to tighten up the noise ordinance. Drendel said that the Village has to balance the right of the person to have the special use with the rights of the neighboring property owners to live peacefully in their house. Village President Hansen asked Staff to discuss the issue and to have a recommendation at the next Committee of the Whole meeting.
Mr. McKnight said that this business was approved as an indoor dog kennel with an outdoor run. McKnight said this is the furthest thing from an indoor kennel.
(Trustee Herlihy arrived at 7:22 p.m.)
Trustee Herwig said the kennels hours are Monday 7 a.m – 10 a.m., Tues-Fri 8 a.m. – 5:30 p.m., Sat 8 a.m. – noon. The kennel is closed to customers on Sundays. The business has a schedule where on Monday mornings the dogs are taken out at 6:30 a.m. for customers picking up their dogs from the weekend boarding. There are 10 outside holding pens and a large open run area. Trustee Herwig said there were 30 dogs this weekend. On the weekends dogs will be taken out at 7:30 a.m., 10 dogs at a time, in order to clean the inside pens. This takes about a half hour. Then the next 10 dogs will be taken outside and so on. If there are thirty dogs, it could take 2-1/2 hours for the dogs to be outside at any one time period. Herwig said that the residents say the dogs are out most of the day. Herwig said he called Mr. Scott’s and put him on notice, explained that the Village has received additional complaints and that he would be hearing from the Village.
Ron Kuhn, addressed the Board regarding the water main situation at Routes 25 & 56. Mr. Kuhn stated that the water main operates under normal conditions and the high pressures meet the specs of many villages in the area. In February 2005 pressures were taken which they did not receive until November 2005. This resulted in a $21,000 search for leaks in March of 2005. No leaks were found. Kuhn said that the Village has had the benefit of the main operating more than two years at no cost. The financial impact totals in excess of $114,000 of deductions. IDOT has deducted 100% of the pavement for work provided on the water main since the Village has failed to fund the issue. Kuhn said that last October they offered to put up a 2 year $40,000 bond to cover the issue. In May, Kuhn said they were made aware that the counsel had denied the request. Kuhn said that the issue needs to be resolved. Village President Hansen asked that Kuhn be available to meet next week. Mr. Kuhn to contact Sue McLaughlin to set a time and date for that meeting.
Sue McLaughlin noted that a letter was sent today to Mr. Kuhn in response to a previous letter.
Diane Plata, 11 Lovedale Lane, North Aurora – Ms. Plata addressed the Board regarding the dog kennel situation. Plata said that the Ordinance states that the dogs are suppose to be inside before 8 p.m. Plata said the dogs are outside every night until 9:00 or 9:30 p.m.
CONSENT AGENDA
A.
