VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING MINUTES
Monday, December 16, 2024
CALL TO ORDER
Mayor Gaffino called the meeting to order.
ROLL CALL
In attendance: Mayor Mark Gaffino, Trustee Jason Christiansen, Trustee Laura Curtis, Trustee Mark Guethle, Trustee Todd Niedzwiedz, Trustee Carolyn Salazar
Staff in attendance: Village Administrator Steve Bosco, Finance Director Jason Paprocki, Community Development Director Nathan Darga, Village Attorney Kevin Drendel, Public Works Director Brian Richter, Police Chief Joe DeLeo.
AUDIENCE COMMENTS – None
TRUSTEE COMMENTS – None
DISCUSSION
- Parent Company Guarantee for New Water Tower
Administrator Bosco stated that this agenda item was in regard to a Parent Company Guarantee that was being offered by CB&I as part of the Water Tower Project. The Village was seeking to bring a final contract to the Board in January. Bosco explained that while CB&I was still working under the Letter of Intent, a total contract price was still being finalized. Bosco stated that this item was before the Board to discuss the type of surety that was being offered. It was not the typical surety that the Village had used like cash, bond, or letter of credit. A parent company guarantee was not something the Village had done in Administrator Bosco’s tenure, however it was something that CB&I had done in their history. Bosco stated that he wanted to ensure that the Village Board was in agreement with moving forward with the Parent Company Guarantee.
Attorney Drendel stated that the surety was a bit unusual. He said that the code calls for public improvements that developers put in a letter of credit, and unless the Village had negotiated under an annexation agreement, the statute allows a developer to offer a bond which the Village would accept in place of a letter of credit. Drendel explained that the cost of a bond would ultimately get passed on to the Village. The sample Parent Company Guarantee provided to the Village by CB&I contained language that would be seen in a letter of credit or bond and could be a creative way for the Village to keep costs of the Water Tower Project down.
Trustee Guethle stated that he was in favor of accepting the Parent Company Guarantee.
Trustee Curtis asked if there was a greater risk associated with moving forward with the Parent Company Guarantee rather than a Letter of Credit. Drendel stated that if the Village had to enforce its’ rights under a Bond, the Village would be dealing with an insurance company. If the Village had to enforce its’ rights under a PCG, the Village would be dealing directly with the parent company. While there are some different legal principles that apply, they are very similar. Drendel stated that he did not see it as a big risk.
Trustee Salazar sought clarification on the process of enforcing the PCG. Drendel stated that if CB&I defaults, that would trigger the guarantor’s obligation and the Village could go after the parent company in court.
Trustee Niedzwiedz stated that he was comfortable with the PCG.
Mayor Gaffino stated that if the Village staff and attorney support the idea, he did as well.
- Petition #24-07: Clover Communities North Aurora LLC
Administrator Bosco reminded the Board that Clover had been before them earlier in the spring with a concept plan. At that time the Board said that they were okay with concept, which had since gone to the Plan Commission and had now returned to the Committee of the Whole for a decision on whether the plan will move forward.
Community Development Director Darga stated that Clover was looking to locate on Orchard Gateway, in the Towne Center development. Darga reminded the Board that Towne Center had been originally approved in 2005, the original Towne Center PUD had a residential component to it. It had approval for town homes and apartments, in 2013 that was amended. The PUD was amended and warehouses were approved in the location. Earlier in the year when Clover presented their concept, the Board expressed interest in adding the residential component back in. Darga explained that what staff was bringing before the Board was a PUD amendment to the Towne Center to designate residential use area.
Trustee Curtis asked if there had been studies done to determine whether the land, with its close proximity to the wetlands, was buildable. Darga explained in some detail that studies had been conducted and the lots along Orchard Gateway Blvd were all buildable lots and the wetland area would be the detention for the development. There was additional discussion regarding what maintenance had been done with the area in the last 20 years.
Darga presented information about the proposed development. He stated that it would be an independent living, 55 and over age restricted development. It would be a 124 unit building, six (6) one bedroom/one bath, 78 two bedroom/one bath, 32 two bedroom/1.5 bath, and eight (8) two bedroom/two bath units. Each unit would have a full kitchen, stainless steel appliances, there are planned activity rooms, and a fitness center. There would be no communal kitchen or nursing staff on site.
Darga explained that senior living required less than the two spaces per unit that regular apartment developments require, requiring only one space per unit. Clover’s proposal included 148 parking spaces. The Plan Commission requested Clover to revise their parking, Clover’s concept now included potential additional parking spaces. The site currently had two access point on Orchard Gateway.
Russell Caplin, representing Clover Development was on hand to present the concept to the Board. He stated that Clover had been in the age restricted/multi-family business since 1985 and have over 50 communities, totaling almost 6,000 units located across eight states.
Trustee Niedzwiedz asked if the Village had any other four story apartment buildings in town. Director Darga stated that it would be the first, although there were several other proposals in the works. Niedzwiedz asked if the height of the building was within the code requirements, Darga explained that part of the PUD amendment would be adopting new standards allowing four stories.
Niedzwiedz stated that he was in agreement with the Plan Commission’s concerns for the parking and commented on the additional parking that was marked out in the updated proposal. He asked why not just plan on making those spaces right away. Caplin stated that their developments average 1-1.2 spaces per unit and this had consistently worked for them. Niedzwiedz stated that he was in favor of moving forward with the project.
Trustee Christiansen asked how the height of the building compared to some of the warehouses in the area. Darga stated that the buildings would be similar in height.
Christiansen asked for clarification on what Darga was seeking approval for. Darga stated that staff was seeking approval that residential developments could go in the designated area as well as the site plan for Clover.
Niedzwiedz asked for clarification on whether the approval would allow for four story buildings throughout the Village or in this designated area. Darga stated that it would be approved for this designated area.
Trustee Salazar stated that she liked the project, stating that because of the location and the wetlands behind the buildings she did not take issue with the proposed development being four stories.
The discussion circled back to parking with Trustee Christiansen asking about visitor parking and Mr. Caplin stating that he believed that the development had enough parking.
There was discussion regarding proposed crosswalks and whether one would be enough.
Mayor Gaffino and Trustee Guethle expressed favor for the project.
- Randall Oaks (Shodeen) Concept Plan
Administrator Bosco stated that the property being discussed was unincorporated yet surrounded by North Aurora on all sides. He stated that Shodeen was before the Board in 2016 and proposed a concept plan but did not move forward with that concept plan at the time but had now returned to go over a similar plan. Bosco stated that anything that moved forward would need an annexation agreement.
Director Darga stated that the plan would connect Miller Drive through with full access to Randall Road. The proposal included a four story building that would be a mixed use building with ground floor commercial and residential above.
David Patzelt, a representative from Shodeen was on hand to present the concept plan. He began with examples of Shodeen’s previous work in the area.
Patzelt stated that the plan called for nine buildings, buildings 1-7 and buildings A and B. Buildings A and B would be for commercial users, building B would have a drive-up, building A would be either retail or a restaurant. Patzelt stated that Shodeen would like to retain the flexibility of allowing one or both of the buildings to have drive-up capabilities. Building number 2 was a mixed use building, using that building to transition zoning from commercial on the east to residential on the west. Building number 2, the mixed use building would be a double fronted building. The commercial aspect of the building would front Miller Drive with on street parking. Buildings one, three, four, five, six, and seven would all be residential buildings. Each would be three floors of residential units over one floor of underground parking. There would be an outdoor pool and communal space.
Trustee Curtis asked how many residential units were being proposed. Patzelt stated 183 residential units, consisting of studio, one bedroom, and two bedroom units. Curtis asked if Patzelt foresaw and impact on the school district. Patzelt stated that since there were no three bedroom units, they do not typically see many children, the product was geared more toward empty nesters.
Patzelt stated that there would be 17,000 square feet of commercial space on the first floor of the mixed use building, and approximately 15,000 square feet of commercial space between buildings A and B.
Patzelt said that there would be 264 parking spaces in the garage and approximately 300 surface spaces.
Patzelt spoke about landscaping and stated that he believed that the landscaping would exceed the landscaping requirements of the Village.
Patzelt spoke about parking and explained that they would be asking for a reduction in the two spaces for each unit requirement requesting a 1.3 per unit ratio. There was further discussion regarding this.
Trustee Curtis asked if based on the Village’s ordinance, would this development be too high density for the use. Director Darga stated that the newer developments have not have the parking issues that some of the older developments have had. He said that compared to our neighboring communities, the Village’s two spaces per unit requirement was high. He stated that most applicants have thought it to be high too, Darga stated that he would do more research to compare surrounding communities and what their requirements were.
There was further discussion on the density of the development compared to other developments.
Trustee Salazar asked for clarification on the garage space. It was confirmed that the garage would be underground and three floors of residential space would be above ground.
Trustee Niedzwiedz asked if all of the parking for residents would be underground. Patzelt stated that there would be a 1:1 ratio of underground parking spots to units. The rest of the spaces would be surface parking.
Niedzwiedz asked about the number of floor planned for building two. Patzelt stated there would be one floor of underground parking, one floor of retail and three floors of residential.
Trustee Curtis spoke about the architectural style and expressed that she would like to see more detailing in the architecture. There was discussion regarding what architectural designs were planned for the development.
Trustee Guethle and Niedzwiedz were in favor of the development.
Trustee Christiansen stated that he did not like the four stories above ground planned for building two. He felt it should be consistent kept to three stories above ground like the other buildings.
Trustee Salazar stated that she liked the Shodeen development that she has seen in Geneva. She did not like the idea of the above ground four story plan for building two, however that is just building two and that would be situated closer to the commercial side of the development. She stated that she was in favor of the development moving forward.
Mayor Gaffino stated that he was in favor of the project, and that he liked the idea of continuity of design between the buildings. He also stated that he would like to see restaurants move in to the commercial buildings.
EXECUTIVE SESSION – None
ADJOURNMENT
Motion to adjourn made by Trustee Guethle and seconded by Trustee Curtis. All in favor. Motion approved.
Respectfully Submitted,
Jessi Watkins
Village Clerk
