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An Attentive Municipal Organization that Connects with Community, Commerce, and Nature.

Committee of the Whole Meeting

COMMITTEE OF THE WHOLE MEETING
TUESDAY, SEPTEMBER 6, 2005
7:00 P.M.

CALL TO ORDER

Village-President Hansen called the meeling to order.

ROLL CALL
In attendance: Trustee Shoemaker, Trustee Berman, Trustee Mitchell, Trustee Herlihy, Trustee Gaffino, Trustee Herwig, Village-President Hansen,

AUDIENCE COMMENTS

Bill Slaker said that he thinks that the website is a great new improvement One thing that he has a problem with the meetings is the acoustics. He thinks that the microphones are a lot better than before. He thinks we need to make better use of them.

A. William J. Thill – Application for Variation and Zoning of 8 Grant St.

Trustee Herlihy said that the zoning change request has been through the plan commission. The zoning change request is to R3 to build a duplex. To build a duplex a lot width of 60 feet is required, so a variation is needed since it is 57 feet.

Village-President Hansen said he mentioned how to maximize the parking.

Trustee Herlihy said that they did not believe the property should be changed from B2 to R3, but if the board does decide to change the zoning then they would have no problem with the variation.

Trustee Mitchell said she does not want to move forward until she gets more information. Trustee Berman said that he is not concerned with whether the zoning is changed.

Village-President Hansen said they will gather the information, and put it under new business for the next meetmg.

B. Oak Creek Final Subdivision Plat

Jim Bibby said that the engineering review from August 25th is in the packet. All the issues in the packet have been addressed, but it is not up to date and corrected. They will have the corrected copies for the next meeting.

Village-President Hansen put this under new business.

C. An Ordinance Proposing Establishing SSA for Oak Creek Townhomes

Ally. Drendel said that if this is going under new business it should go under as an ordinance proposing the establishment.
Village-President Hansen put this under new business.

D. Continued Public Hearing on Deerpath Trails know (Woods of Deer Creek)

Sue Mchtughuin said she distributed a letter from the developer. They have addressed most of the concerns of Batavia Township. One of the outstanding concerns is the fiscal impact on Deerpath Road. They are meeting in Batavia on Thursday morning with the administrator and the developers to work everything out What the board will have to address is that they are going to keep all the woods, so they have removed the front four lots. They went from 18 14,000 square foot lots to 44 lots, soit is a lot more dense. There are still 92 total, but there are a lot more smaller lots. They were able to remove some wetland mitigation because they lost some woods. They made the park on the east side bigger. They are trying to ease Batavia’s concerns with the boundary agreement

Village-President Hansen said he is concerned with the increase in lots. He said that they will continue the discussion on the next Conmuttee of the Whole Meeting.

A motion was made by Trustee Herlihy to conlinue the discussion on the public hearing on Deerpath Trails that is soon to be known as the Woods of Deer Creek on September ~ and seconded by Trustee Shoemaker. All in favor. Motion approved.

E. Budget Amendment Request for 2004 – 2005 year end

Sue McLaughlin said that some of the amendments access fund balance, others are moving money in the certain area of the fund, and they created a Woodman’s fund.

Village-President Hansen put this under new business.

F. Proposing Establishing SSA for North Towne Center

Any. Drendel said they ended up with an SSA that covered three small retention ponds over the large area. He needs to double check the legals.

Consent agenda.

G. TIF Redevelopment Agreement for Mr. Scott’s Dog Spa

Sue McLaughlin looked into the revolving loan fund. It is doable, but it is not advisable. The first reason is because Mr. Novicki would have to be the holder of the loan. The interest rate would also be higher, so they or we would be making payments that would be more than what the property creates. It would require contacting the assessor to calculate the percentage of taxes the property creates every year. She spoke to Mr. Novicki tonight, and she reread the guidelines. She thinks it would be advantageous for the village and Mr. Novicki to give him the $20,000 dollars up front He made exterior improvements, and followed the guidelines (of the façade grant program) except for asking for the money in the first place.

Village-President Hansen said that, so far this program has been a success.
Trustee Herwig said the payback will be $20,000 dollars up front, and then $6,000 dollars a year for the next five years. There will be more money that comes into the TIF, and now they know to communicate to the businesses that they only get the money back based on what the company generates.

Trustee Mitchell wanted to make sure that if the business is sold the agreement is noniransferable to the new business.

Village-President said to put this under new business.

H. Road Salt – 2005/2006 Winter Season

Mike Glock said that he received new prices for Morton Salt State purchases aren’t coming out until October, but he needs the signed contract with Morton Salt by September. He said it went up by $1.86 a ton, but he has reasons why he wants to stay with them.

Consent agenda.

I. Payout Request to Virgil Cook in the amount of $10,167.42 final payment Randall Road & Ice Cream Drive

Jim Bibby said this is a fmal payment that has long been completed and utilized. It is completed for the exact contract price.

Consent agenda.

J. Payout Request to Maintenance Coatings Company in the amount of $15,979.29

Mike Glock said this is for the payment marking this year. They have completed everything.

Consent agenda.

K. Payout Request for 2004 Street Paving Improvements [inn Court in the amount of $215,509.49

Mike Glock said this will be the first payout, and they had a change order for $968 dollars.

Consent agenda.

L. Payout Request for Johnson Blacktop to the Circuit Court Clerk in the amount of $31,863.79

Ally. Drendel said that this is in court and the litigation is winding on. We have had to make court appearances. They have talked about petitioning leaving money with the court They went to court, and the judge approved the petition, so they won’t have to sort out where the money goes.

Village-President Hansen said that they will have to work out the amendment, and put this under new business.
M. Ordinance fixing a Time/Place/Schedule for a Public Hearing Amending TIF

Sue McLaughlin said that according to TESKA the board has to formally decide on a time to have the public hearing. The hearing will be held on November 7th at 7:00 PM.

Consent agenda.

N. Letter of Credit Reduction – Meadowbrook/Remington Homes

Jim Bibby said the letter of credit was posted. The work was completed, and all the public improvements were covered by two separate letters of credits that are going through fall of 2006 for units 1 and 2. This letter of credit serves no purpose to be renewed, and they request that it expire.

Consent agenda.

0. Plan Commission Appointee – Tom Lenkart

Village-president Hansen talked to Tom Lenkart and let him know about the opening. He asked Tom to give a brief description of himself.

Tom Lenkart said he has lived in Hartfield Estates for the past three and half years, and is the president of the Homeowner’s Association. He has always been involved in politics. He has an undergraduate degree from Central Michigan University in political science. He went to graduate school at Syracuse.

Trustee Berman asked about a potential conflict of interest between his Homeowner’s Association and the Plan Commission post Mr. Lerikart said ii any potential conflict arose, he would either step down as President of the Association or abstain from a particular vote on the Commission.

Consent agenda.

P. West Water Treatment Plant

Village-President Hansen said that the recommendation is to award it to Whittaker Construction for $2.875 million

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