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Village Board Minutes

NORTH AURORA VILLAGE BOARD MEETING
VILLAGE BOARD MEETING MINUTES
Monday, November 15, 2021

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

CALL TO ORDER
Mayor Gaffino called the meeting to order.

SILENT PRAYER – MEDITATION – PLEDGE OF ALLEGIANCE

ROLL CALL
In attendance: Mayor Mark Gaffino, Trustee Mark Carroll, Trustee Laura Curtis, Trustee Mark Guethle, Trustee Mike Lowery, Trustee Todd Niedzwiedz, Trustee Carolyn Salazar

Staff in attendance: Village Administrator Steve Bosco, Community & Economic Development Director Mike Toth, Village Attorney Kevin Drendel, Public Works Director John Laskowski, Police Chief Dave Fisher.

AUDIENCE COMMENTS –
Jimmy Antounopolis Owner of Runaway Restaurant, 120 Butterfield Rd, expressed interest in opening a new business in North Aurora in a retail space within the Woodman’s Lot. He was looking for information and guidance on how to move forward with this concept.

Mark Claypool of 2717 Berman Rd. in North Aurora wanted to address what he felt was an outdated ordinance regarding recreational vehicles. Mr. Claypool explained that he owns an RV and travels frequently but the code designating days and times recreational vehicles were allowed to be in residents’ driveways was limiting and often did not align with his travel plans. He believed that many more people own travel trailers and recreational vehicles than when this ordinance was established and should be revisited by the Village Board. Mr. Claypool also stated that thus far he has been able to communicate his needs with the village and been given flexibility to have his RV in his driveway outside of the designated times but had been told that beginning January 2022 this would no longer be allowed.
The Board was open to bringing the subject back for discussion.

CONSENT AGENDA

1. Village Board Minutes dated 11/01/2021 and Committee of the Whole Minutes dated 11/01/2021
2. Bills List Dated 11/15/2021 in the Amount of $252,801.33
3. Approval of Resolution Accepting the Public Improvements for the Lincoln Valley on the Fox Phase One Development
4. Approval of Travel and Expense Report for Business Purposes in the Amount of $180.00
5. Approval of Sanitary Sewer Easements

Motion for approval made by Trustee Lowery and seconded by Trustee Salazar. Roll Call Vote: Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Carroll – yes, Trustee Curtis –yes, Trustee Guethle – yes. Motion approved (6-0).

NEW BUSINESS
1. Approval of Ordinance Amending Chapter 5.35 of the North Aurora Municipal Code Regulating Mobile Food Vending in the Village of North Aurora
Community & Economic Development Director Mike Toth explained that this item had come before the board at thee October 18, 2021 Committee of the Whole meeting to discuss an amendment to the mobile food vending provisions that would allow food trucks to be utilized on a continual basis within the Route 31 corridor. At that time the Board expressed concerns of the use of food trucks and the negative impact it may have on existing restaurants including the possibility of having an unfair advantage by serving on site and then having the ability of being mobile and selling elsewhere.
Staff then updated the proposed language to include additional concerns for the Routh 31 corridor exemption and presented them to the Board oat the November 1, 2021 Committee of the Whole meeting. The staff took the resulting conversation and further refined the ordinance with the addition of seven provisions including that the mobile food vendor shall be subject to permit requirements in addition to approval from the Village Board in regard to the location of the mobile food vendor vehicle, subject to whatever conditions the Village Board may reasonably impose as well as any change to the location of the mobile food vendor must be approved by the Village Board prior to the relocation.

There was a brief discussion for clarification on the proposed Ordinance.

Motion for approval made by Trustee Guethle and seconded by Trustee Niedzwiedz. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Carroll – yes, Trustee Curtis –yes. Motion approved (6-0).

2. Approval of Ordinance Amending Sections 5.08.340 Regarding Alcoholic Beverage Sales on Class J-3 Licenses
Administrator Bosco explained that the State of Illinois modified their stature regarding the sale of liquor at microbreweries to allow for the sale of wine and spirits in addition to the previously allowed sales of beer. The Village is seeking to amend the existing code for J-3 Microbreweries to reflect those of the State.

Motion for approval made by Trustee Guethle and seconded by Trustee Curtis. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Carroll – yes, Trustee Curtis –yes. Motion approved (6-0).

3. A Resolution approving a Sewer Easement Agreement with ComEd and a Storm Water Easement Performance and Indemnity Agreement with the North Aurora Industrial Venture, L.L.C. and Opus Development Company, L.L.C.

Director Toth explained that the item was in regard to the Opus development on the site of the former Valley Green Golf Course. The developer had negotiated an easement agreement with ComEd for placement of the storm water drainage facilities to be placed on the ComEd easement for connection to the North Aurora storm water control system. ComEd will only grant the easement to the Village of North Aurora. In order to protect the Village from any liabilities associated with the storm water connection, staff had also negotiated a Storm Water Easement Performance and Indemnity Agreement. Toth stated that by entering into the Agreement it signifies the at the Village is willing to accommodate the developer on the condition that they accept responsibility for performance of the work to construct and extend the storm water drainage facilities throughout the ComEd easement, for repair, maintenance and replacement of those facilities as necessary. A special service area will also be provided as a backup measure and include the cost of the storm water improvements.
Attorney Drendel added that a similar situation had arisen with the BNSF line and a development to the north of Village Hall, resulting in BNSF only allowing the work to be done within their easement through an agreement with the Village rather than the developer.
A brief discussion was had in regard to what happens in the event the property is sold.

Motion for approval made by Trustee Guethle and seconded by Trustee Niedzwiedz. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Carroll – yes, Trustee Curtis –yes. Motion approved (6-0).

4. Approval of 2022 Road Program Engineering Services Agreement with Engineering Enterprises, Inc. (EEI) in the Estimated Amount of $204,730.00
Public Works Director Laskowski explained that this estimated amount is only for the construction costs as the Village’s engineer was able to design the Road Program resulting in a large savings to the Village. He also explained that while the construction costs were going to be less by comparison of previous years, the Village is planning on repairing more road than previous years (5.1miles) resulting in a greater estimated cost.

Motion for approval made by Trustee Lowery and seconded by Trustee Salazar. Roll Call Vote: Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Carroll – yes, Trustee Curtis –yes, Trustee Guethle – yes. Motion approved (6-0).

5. Approval of Route 31 & Airport Road Intersection Design & Construction Engineering Services Agreement with Engineering Enterprises, Inc. (EEI) in the Amount of $186,722.00
Director Laskowski explained that the intersection of Route 31 and Airport Road has been problematic for trucks making turns. The Village has received a proposal from Engineering Enterprises, Inc. for design and construction engineering services for the Route 31 and Airport Road Intersection Improvement Project proposed for fiscal year 2023. The project would include widening of the intersection at the corners and the relocation and modification of traffic signal equipment and sidewalk at the intersection.
Director Laskowski stated that the project complexity is greater than that of a typical road program, resulting in greater expense.
The Board discussed their own experiences with the intersection and the need for the improvements.

Motion for approval made by Trustee Niedzwiedz and seconded by Trustee Lowery. Roll Call Vote: Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Carroll – yes, Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes. Motion approved (6-0).

 

VILLAGE PRESIDENT – None

TRUSTEES COMMENTS – Trustee Lowery asked if there would be a possibility of resurfacing Route 31 between State St and Airport Rd. Director Laskowski explained that the road was owned by the State but a letter can be sent to them requesting repairs.

ADMINISTRATOR’S REPORT – Administrator Bosco stated that the Village held a nice Veterans Day ceremony at the Police Station. Administrator Bosco thanked Chief Fisher and his staff for their help.
Administrator Bosco also mentioned that the Riverfront Park Plaza project that had been put on hold due to the IDNR’s Fox River Dam Study has been moving forward with project plans to begin after the summer of 2022.

VILLAGE DEPARTMENT REPORTS
1. Finance – None
2. Community Development – None
3. Police – None
4. Public Works – None
5. Attorney Report-None

ADJOURNMENT
Motion to adjourn was made by Trustee Curtis and seconded by Trustee Guethle. All in favor. Motion approved.

Respectfully Submitted,

Jessi Watkins
Village Clerk

 

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