VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING MINUTES
AUGUST 27, 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 Ryan Lambert, Trustee Mark Guethle, Trustee Mark Gaffino, Trustee Laura Curtis, Village Clerk Lori Murray. Not in attendance: Trustee Vince Mancini.
Staff in attendance: Acting Village Administrator & Police Chief Dave Summer, Finance Director Bill Hannah, Public Works Superintendent Mike Glock, Water Superintendent Paul Young, Pete Iosue of Teska Associates.
AUDIENCE COMMENTS – None
TRUSTEE COMMENTS – None
PUBLIC HEARING
1. Annexation Agreement for Zepelak/Orchard Property
Mayor Berman opened the public hearing.
Lisa Quigley, 3S714 Deerpath Road – Ms. Quigley commented on the following:
-Notice for the meeting was lacking. Mr. Buening, at the Plan Commission meeting, said that this item would not come before the full Board until September. Quigley added that the meeting was not listed in the publication of the newsletter for August.
-She should have been given notice about Mango Creek since it involved a connector road that dead ends into her property. Quigley said that from what she has read, the connector road is only required by the County because they want to put in a business across the road.
-The curve in front of her house where the street will dead end, is one of the most dangerous curves in Kane County with more than 40 accidents at that location in the past 10 years.
-Houses in the area are some of the most expensive houses near or around North Aurora. A lot of people would object to Atty. Philipchuck’s reference at the last Plan Commission meeting to the Village being blue collar. Quigley said the Village does not need more apartments and it is inappropriate to put business on Deerpath Road at that point. Businesses should remain on Orchard Road.
-The petitioner is requesting flex zoning. The Plan Commission is against the flex zoning but it is still listed in the petition.
-The petitioner does not want any feedback when they have a plan. The residents should have a public forum on any plan that is submitted and with more than two days notice.
-Why can’t residential be south of the connector road? The Village will be making a big mistake by allowing liberal zoning and allowing the petitioner do whatever they want without public comment.
-Suggested not allowing any auto related stores since that would result in petroleum tanks being installed underground.
-The Comprehensive Plan talked about straightening Deerpath Road through the property and connecting up with Orchard. Why is that not being considered now?
Robert Boer, 3S701 Deerpath Road – Mr. Boer commented on the following:
-Concerns about the feedback and awareness that would be made to residents.
-Purchased their home 10 years ago and knew there would eventually be development in the area and they are not against it.
-Asked that there be some consideration for the homes that are there and have been for many years.
-Concerns about the road since it would be directly on the south end of the property. Have watched and seen numerous accidents. Deerpath is being used as a back route and there is a lot of traffic. It is difficult at times to get in and out of the driveway when cars are driving at speeds of 50 mph.
-Requested buffering of residential and possibly not allow business to the north.
-Flex zoning is a concern.
-Asked if a study could to be done on the straightening of Deerpath to Orchard Road.
-Asked if the access road could be located father south, away from the south border of their property.
Atty. Philipchuck, 123 Water Street, Naperville
-Atty. Philipchuck said he wished to clear the record and challenged Lisa Quigley to show him in the meeting Minutes where he referred to the residents or anyone else as blue collar. Philipchuck said he took offense to Ms. Quigley’s comments.
-Petitioner is requesting the following: approval of the annexation agreement, adopt the ordinances annexing the property and zoning the property for B2 and R4 and place the zoning on the property that would allow Mr. Zepelak to continue to market the property.
-As discussed at the Plan Commission hearing, before coming back with any additional development on the property, Mr. Zepelak would be submitting site plans and giving the residents written notice which would be those within a 250-foot radius.
-In terms of the meeting tonight, notice was published in the Daily Herald about this hearing, which is appropriate notice per Illinois State Statute.
-The connector road was part of the Mango Creek development. There were meetings with Village Staff and the Kane County Transportation Department and it was set at that time.
-Asked the Board to consider Exhibit L – list of the current fees. Many of the fees were established at the height of development in the early 2000s. Since then, many communities have looked at their fees and lowered them. Philipchuck said he looked at some comparisons with surrounding communities and put down some thoughts. Also requested the Board consider collecting fees later in the process since it is easier for the developer.
Mayor Berman commented that in talking about changing or waiving fees, it is based on what the Village sees coming into the community and the fees are assessed at that time. Mayor Berman said that the changes to Exhibit L would not be approved at this time.
Lisa Quigley, 3S714 Deerpath Road
-Ms. Quigley stated that the Minutes of the meeting are not verbatim and she had made note at the Plan Commission meeting of Mr. Philipchuck’s reference to the Village needing more blue collar housing.
There were no further questions. Mayor Berman closed the public hearing.
CONSENT AGENDA.
1. Approval of Village Board Minutes dated 8/20/12
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 Lambert – yes, Trustee Curtis – yes. Motion approved.
NEW BUSINESS
1. Approval of an Ordinance Approving an Annexation Agreement–Zepelak/Orchard
Motion for approval made by Trustee Guethle and seconded by Trustee Curtis. Trustee Guethle said that the two conditions were to eliminate flex zoning. Pete said the Plan Commission recommended approval of the annexation with two requests of the Board. One was the elimination of the flex zoning of the commercial to the south of the connector road and residential to the north. The Plan Commission recommended against that and recommended the Village Board would provide notice to the surrounding residents at the time development comes in and requested site plan approval. Atty. Philipchuck said they agreed they would be happy to send out the notice but not completely agreeable to eliminating flex zoning. Asked not to preclude the Village from having the opportunity to provide commercial uses for the property.
Trustee Curtis asked what the flex zoning would entail within the B2. Iosue said they were proposing in the flex zoning, to leave the option for them to develop commercial to the south.
Curtis said when it went to original public hearing and it would be a residential and commercial use, my concern is if we take out the flex, it would be a bait and switch. Don’t want residents to think it would be residential and commercial and then it would be all commercial.
Mayor Berman clarified that this plan was presented as flex zoning in the hearing. Curtis said she understands the concern of residents but also realizes that there is due diligence on behalf of the buyer.
Trustee Gaffino asked what can be placed in R4 zoning. Iosue said it is the highest residential zoning, allowing for family, two-family, apartments, townhouses, condos. Gaffino asked if the road could handle traffic if there are properties. Iosue said that the traffic studies have been done and that is why the County is required. Jim Bibby said the connector road has been envisioned in the comprehensive plan since the late 1990s. There would definitely be a connection to Mooseheart Road to the north as well as the midpoint to the connector road. If there were a pod of apartments and townhomes, total trip transportation could be several hundred cars per morning hour. There would be approximately 25% of the trip generation going north.
Trustee Faber said the R4 zoning allows for too much density and suggested pulling out the flex zoning as per the Plan Commission recommendations and pull out Condition L on the fee schedule. If adjustments to fees are made, it should be done village wide and not tying fees to annexation agreements. Trustee Lambert agreed, suggesting eliminating the flex zoning and whenever the time comes, to present to the Village. Lambert asked about road going behind Mr. & Mrs. Boer’s road, it is County and nothing the village can do? Bibby said the fixed geometric is the intersection point with Orchard Road and the connector road. Once that is fixed, to work the geometrics for the necessary stacking lengths and hit an appropriate sight distance point on Deerpath, it becomes a fix.
Motion made by Trustee Faber and seconded by Trustee Guethle to amend the motion by removing condition L (alteration of fee schedule). Roll Call Vote: Trustee Faber – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes. Motion approved (5-0).
Motion made by Trustee Faber and seconded by Trustee Gaffino to remove the flex option in the annexation agreement. Atty. Philipchuck asked for clarification on removing flex zoning. Trustee Faber withdrew his motion. Motion by Faber and seconded by Gaffino to allow B2 south of the proposed intersection road and R3 to the north of the Road. Atty. Philipchuck asked if that would include the ability to bring in commercial if there were a user for the north parcel. Faber said they would have to come in for rezoning. Philipchuck said that this is opposite of what was allowed for Mango Creek. If the concern is R3 vs. R4, consider they would like townhome on the property. Curtis said it would not be a wise move to not allow them to build townhomes because when the economy is down, there is more opportunity with the attached units. Faber said that allowing for R4 for townhomes also allows for high density.
Atty. Philipchuck said that if there was no ability to allow apartments or townhomes, Mr. Zepelak would not move forward. Philipchuck said that they need as a minimum townhomes for this parcel.
Mayor Berman asked that the issue be tabled to see what can be worked out. Motion made by Trustee Guethle and seconded by Trustee Lambert to table the issue. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Faber – yes. Motion approved (5-0).
2. Approval of an Ordinance Approving the Annexing of Certain Property –
Zepelak/Orchard – Tabled (see item 1)
3. Approval of an Ordinance Rezoning Property and granting a Planned Unit
Development – Zepelak/Orchard – Tabled (see item 1)
4. Approval of a Special Event Permit for Oak Street Restaurant for a one-day
Outdoor Anniversary Event on September 29, 2012
Jaime Gutierrez and Jen Carlino were in attendance on behalf of Oak Street Restaurant. Gutierrez said that next month (September) will mark the one year opening of the restaurant and the owners would like to throw a party to celebrate and thank the community for their support. The plan is for an outdoor event in the parking lot area just west of the location of the business. The owners of the Oak Street Restaurant have permission from the property owners to hold the event. There would be 2 live bands and would also include outdoor beer sales. Earlier in the day there will be more family friendly activities. The proposed date would be Saturday, September 29th. Motion for approval made by Trustee Guethle and seconded by Trustee Lambert.
Trustee Curtis asked if the event would affect parking. Mayor Berman said that there are several problems. As far as the special event permit, it only allows for a not-for-profit event. The proximity to the residents and having outdoor music and the hours of operation are also a problem.
Gutierrez said that the ordinance allows for music between 6 & midnight. The end time for the live music would be 10:30 pm.
A suggestion was made to table the issue to determine what could be worked out. Another suggestion was to approve the permit without the liquor sales.
Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Lambert – yes. Motion approved (5-0).
5. Approval of Well #6 Maintenance Proposal from Layne Christensen Company
Paul Young noted this item was discussed at the Public Facilities Committee meeting and it was recommended to move forward. This has been budgeted in the amount of $85,000. Estimate for the work is at $75,000 – $80,000. Motion for approval made by Trustee Lambert and seconded by Trustee Faber. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes. Motion approved (5-0).
6. Approval of an Expenditure of MFT Funds in the amount of $134,300 for the
2012 Crack Filling Program
Motion for approval made by Trustee Lambert and seconded by Trustee Gaffino. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes. Motion approved (5-0).
7. Approval of installation of “No Parking” Signs on the north side of Hettinger
Lane and Pierce St
Mike Glock said that parking would be restricted on the south side of Hettinger Lane and Pierce Street. Motion for approval made by Trustee Gaffino and seconded by Trustee Curtis. Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes. Motion approved (5-0).
OLD BUSINESS – None
VILLAGE PRESIDENT REPORT
1. Appointment of Kari Faber to NOARDA – All in favor. Voice vote – yes – unanimous.
COMMITTEE REPORTS – None
TRUSTEES COMMENTS – None
ADMINISTRATOR’S REPORT
Dave Summer reported on the following.
-Will be meeting with staff tomorrow to inform them of how the transition will happen in the next few months.
-Acceptance of applications for the Community Development position has been closed. There are 25 applicants to review. Would like to narrow this down to a manageable number and bring back to the Village Board for review before a decision is made.
ATTORNEY’S REPORT – None
FIRE DISTRICT REPORT – None
VILLAGE DEPARTMENT
A. Finance – Bill Hannah said that they have been busy last week getting ready for the auditors. Overall, had a good financial year last year. Ended in the black in the General Fund with an amount of $270,000.
B. Community Development – None
C. Police – None
D. Public Works – Mike Glock said that work on Hettinger & Pierce would be completed this week and would then be heading over to Smoketree Plaza. Jim Bibby said that in reference to the entrance into Riverwoods, there are serious reservations with constructing the partial entrance when the track crossing will not be completed at this time. Rempe is recommending reconsidering the entire change order of $64,000 and putting this on the shelf, the obligation being on a future developer. If the change order were to be tabled, there would be no expense back to the Village. Staff recommendation to reconsider the change order. Atty. Drendel suggested Rempe follow up with the ICC. Bibby said he would provide documentation to the Board in the next few days from the ICC.
E. Water – None
EXECUTIVE SESSION – None
ADJOURNMENT
Motion to adjourn made by Trustee Guethle and seconded by Trustee Lambert. All in favor. Motion approved.
Respectfully Submitted,
Lori J. Murray
Village Clerk
