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Committee of the Whole Minutes

FEBRUARY 15, 2021

Due to the COVID-19 pandemic, the Village Board meeting was conducted live remotely
via telecommunications.

Mayor Gaffino called the meeting to order.

In attendance: Mayor Mark Gaffino, Trustee Mark Carroll, Trustee Laura Curtis, Trustee Mark Guethle, Trustee Mike Lowery, Trustee Tao Martinez, Trustee Carolyn Salazar

Staff in attendance: Village Administrator Steve Bosco, Village Attorney Kevin Drendel, Public Works Director John Laskowski, Police Chief Dave Fisher.



1. Public Works Space Needs Review

Village Administrator Bosco introduced the Public Works Facility Feasibility Study. Rob Wroble from Legat Architects presented the proposed plans to update the Public Works facility.
Mr. Wroble explained that Legat’s role in the study was to evaluate the existing Public Works Department campus, identify the current and future space needs and create options for accommodating growth. Based on collaborative discussions with staff, Legat developed two options to fulfil the needs. Each option utilized the existing building with the addition of Public Reception Area, department offices and an additional heated vehicle bay. The first option is an estimated cost of $12,008,804, the second option with a slightly larger footprint, rearranges the location of selected offices per the staff’s preferences with an estimated cost of $13, 078,782. In an effort to reduce initial costs, Legat proposed a phased possibility for Option 1. This would be an initial estimated cost of $8,861,352 with a smaller vehicle storage building and an option to build out in the future.
Trustee Guethle asked what would be the size difference between Option 1 and the phased version of Option 1. Mr. Wrobles estimated that there would be a difference of 5,000 square feet. Trustee Guethle asked if that would be enough space for the Village’s current needs, to which Mr. Wrobles explained that it would not.
Trustee Curtis stated that she would be inclined to go ahead with the full price version. She said that while we know what the building costs would be now, if the Village opted for a phased version we will not know the material or labor costs in the future. She also observed that the Village’s Public Works department has had to endure conditions that have not been optimal and it would be good to get them in a functional space as soon as possible.
Trustee Martinez stated that he believed that the phased option could eventually end up costing the village more money.
Mr. Wroble reminded the board that the estimates are preliminary and do include contingencies for design and construction.
Trustee Salazar asked which option would be the staff’s option. Director Laskowski said that the staff preferred Option 2 but stated that they would be happy with either.
Trustee Carroll asked if the different components of the construction were bid out separately, if that might reduce the cost of the project. Director Laskowski explained that the next step would be to retain an architect, an engineer and a construction manager with the intention of having an architect draw up plans with enough detail that would allow for a construction manager to procure a finite cost estimate.
Administrator Bosco in an effort to cost effective, with a construction manager it is possible to determine more closely the actual costs of the projects based on current market values. In addition, Administrator Bosco went on to explain that the Village is considering hiring an engineer to design and then having the Village engineer review the designs. He stated that investing in an architect to provide a completed plan will allow the village to finish the project in stages.
Trustee Curtis asked where the funding for the project would come from. Administrator Bosco stated that some of the funds would come from reserves in the Capital Fund. The remaining funds necessary could come from bonding, potentially coinciding with Police Department bonds expiring in 2029.
Trustee Lowery liked option two, he asked if there is a possibility of over extending the estimated budget. Mr. Wroble explained unsuitable soil could affect the cost however this possibility is a contingency built in to the current estimate. Trustee Lowery expressed his interest in option two but also his concern for funding.
Trustee Curtis asked what the benefit would be for the additional $1,000,000 for option two, would the extra expenses be justified.
Administrator Bosco explained that there is a large reserve in the Capital Fund with a steady stream of sales tax revenue feeding in to it annually. He went on to say that an option would not have to be chosen currently, as the concept is developed a clearer vision will be realized.
Trustee Salazar asked what causes the $1,000,000 difference between Option 1 and Option 2. Mr. Wrobles explained that the footprint for the second option is larger than the first, therefore the cost per square foot increases the estimate. Mr. Wrobles also stated that he agrees with Administrator Bosco in that through the development of the plan the estimates will change and a determination about options should be made at that time.
Trustee Lowery explained that he enjoyed the floor plan for Option two and the functionality of the floorplan.
Mayor Gaffino asked the Board if they all agreed that the full buildout was a better option than the phased option. The board agreed with the full buildout, however Trustee Carroll questioned whether this layout fulfill the Villages future needs.
Administrator Bosco explained that the plans allow for a marginal amount of growth but it does not supersede the estimated growth of the Village.
Mayor Gaffino asked if the one of the older existing buildings on the south end of the property will be removed, to which Director Laskowski foresees a water retention basin needing to be installed per the Kane County storm water ordinance.
Mayor Gaffino stated that his concern is that the plans are large enough to accommodate future needs. He also introduced the idea of adding energy saving opportunities such as solar panels. Mr. Wrobles explained that the building is oriented the wrong way for solar panels but options can be discussed.
Administrator Bosco reminded the Board that this would be the opportune time to discuss adding funding for architectural planning to the budget for next year as it goes before the board for review in upcoming month. To which the Board agreed.

2. Brother Chimp Special Use

Administrator Bosco introduced the Special Use License, letting the board know that this has yet to go before the Plan Commission, which will happen on March 2, then will go before the Village Board again for a vote.
Brother Chimp was granted a Special Use License for a microbrewery in June 2019, opened in spring 2020. The owner is requesting to expand in to an adjacent property, in addition the owner would also like to build a beer garden at a later date. The expansion would require a small remodel of opening a wall and creating a seating area in the adjacent storefront. The beer garden will require four parking spaces to the rear of the building, including one accessible space which will be relocated. The plans also call for an extended curb to accommodate a concrete slab which will be the foundation of the outdoor beer garden. An enclosure will be constructed.
Trustee Curtis asked if the Beer Garden is to be a permanent structure. Administrator Bosco said yes, this will be a permanent structure. Trustee Curtis then asked if there will be accessibility for other business owners’ deliveries, due to the limited passing space behind the building.
Mayor Gaffino asked if any barriers will be constructed for safety from cars. Trustee Carroll also expressed concern for patron safety.
Administrator Bosco introduced Brother Chimp owner Steve Newman who explained that the structure will have a metal roof, be attached to the building with an entrance from inside to control patron traffic. Mr. Newman’s plan is to add a concrete patio which will create an elevated curb for safety.
Trustee Lowery and Trustee Martinez both said they were in favor of the changes.
Trustee Carroll asked if there would need to be any restrictions put in place for entertainment, Administrator Bosco explained that Brother Chimp would have to apply for a supplemental entertainment license.
Trustee Curtis asked why the owner didn’t choose to put the beer garden in the front of the building as opposed to the rear. She expressed concerns over the drive through at the north end of the structure and the accessibility to the drive through. Mr. Newman explained that the location was chosen with the owner of the complex and other tenants in mind. Trustee Curtis reiterated her concern about the location of the beer garden due to the Credit Union drive through line which can extend past the beer garden location.
Trustee Carroll asked if there would be access from the exterior of the beer garden. Mr. Newman said that while there would be a gated entrance for emergencies, patrons would have to enter and exit through the building. Trustee Carroll also expressed concern for the first parking spot to the east of the beer garden and whether or not there will be visibility while backing out of the space. Mr. Newman said that the intention is to have low walls and plastic windows surrounding the beer garden which will allow for visibility.
For clarification Administrator Bosco read from the liquor code: enclosure for an outdoor space must be constructed of solid materials in harmony with the existing structure, at least three feet but no more than six feet in height, continuous span except for emergency exit, sufficient lighting to provide safety to customers.
Trustee Martinez suggested the use of something like concrete pillars for the safety of patrons to which Mr. Newman agreed.
Trustee Salazar asked if the outdoor structure could be made to be more narrow but wider, to retain the square footage but not extend out so far in to the parking lot. Mr. Newman said that it would then extend past his business and into his neighbors.
Administrator Bosco said that he and Director Toth will take this information and bring it to the Plan Commission.

3. Blue Agave Cantina Grill Supplemental Liquor License

Administrator Bosco reminded the Board that in November the Blue Agave Cantina Grill asked for a Supplemental Entertainment “B” license, it was the Board’s decision to award the license with the conditions that entertainment be provided once a week, either a Friday or a Saturday, concluding by 10pm. There have since been a number of noise complaints against the establishment as well as three time offenders of the liquor code. The liquor commissioner has met with the owners and has offered them a plea agreement that included a fine and six months of probation. If the terms were violated again, it would result in a three day suspension of their license. During discussions, Blue Agave asked if the Village would change the conditions of the Supplemental Entertainment “B” license to entertainment once a week on Saturday and a conclusion time of midnight or 1am.
Trustee Carroll expressed opposition to the license. He stated that Blue Agave has not complied thus far with the Village requests, he said he would like to see them return after the probation period.
Trustees Guethle, Lowery and Salazar were in agreement with Trustee Carroll, expressing a breach in trust due to Blue Agave’s incompliance. In addition expressing concern over the 1am stop time with the establishment next to a residential area.
Trustee Curtis stated that she is concerned about finding a balance between the needs of the residents and that of the business. She went on to express agreement with Trustee Carroll in regard to the business’ incompliance. Trustee Curtis asked if the business has the right to have music until 1am. Administrator Bosco explained that the entertainment license coincides with the liquor license, as long as they can serve alcohol they can have entertainment, the restrictions are conditions of the Board.
Administrator Bosco discussed options to approach the request. One option would be to wait out the six month suspension and render a decision then. An alternative would be to approve the request and if the establishment did not comply with the license they would be in violation of their plea agreement and could be brought in for a formal hearing where the Mayor can choose to revoke their class “A” license.
Attorney Drendel clarified that with Blue Agave’s original and supplemental license they were allowed non-amplified entertainment, the current request is for amplified entertainment.
Trustee Carroll referred back to Trustee Curtis’ comments regarding the needs of a business, however he said he does not want to reward non-compliance.
Trustee Curtis expressed agreement with Trustee Carroll.
Mayor Gaffino expressed concern that allowing the expanded entertainment will then create a dance club environment. He also stated that while under Covid restrictions their parking lot has been crowded and the Village had received multiple noise complaints. He then asked Chief Dave Fisher to expand on that. Chief Fisher confirmed both of those points stating that officers have observed upwards of 120 cars in the parking lot at one time.
Chief Fisher also expressed concerns that the residents in the area that back up to the restaurant purchased their homes under the impression that there would be a restaurant behind them, not a night club.
Trustee Martinez suggested that waiting six months to discuss Blue Agave’s request would extend past summer, he suggested possibly reviewing this request in three months.
After no further comments, Mayor Gaffino stated that consensus was the six month review and discussion ended.


Motion to Adjourn to Executive Session made by Trustee Guethle and seconded by Trustee Lowery. All in favor. Motion approved.

EXECUTIVE SESSION – Pending Litigation

Mayor Gaffino called the meeting to order.

In attendance: Mayor Mark Gaffino, Trustee Mark Carroll, Trustee Laura Curtis, Trustee Mark Guethle, Trustee Mike Lowery, Trustee Tao Martinez, Trustee Carolyn Salazar

Staff in attendance: Village Administrator Steve Bosco, Village Attorney Kevin Drendel, Police Chief Dave Fisher.


Motion to adjourn made by Trustee Curtis and seconded by Trustee Martinez. All in favor. Motion approved.

Respectfully Submitted,

Jessi Watkins
Village Clerk

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