NORTH AURORA VILLAGE BOARD MEETING
VILLAGE BOARD MEETING MINUTES
Monday, July 19, 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 Laura Curtis, Trustee Mark Guethle, Trustee Mike Lowery, Trustee Todd Niedzwiedz, Trustee Carolyn Salazar
Staff in attendance: Village Administrator Steve Bosco, Finance Director Bill Hannah, Community & Economic Development Director Mike Toth, Village Attorney Kevin Drendel, Public Works Director John Laskowski, Police Chief Dave Fisher.
AUDIENCE COMMENTS –
Steve Newman Owner of Brother Chimp Brewery 1059 W. Orchard Rd, spoke in regard to the executive order allowing businesses to have temporary outdoor seating throughout the Covid-19 pandemic. Mr. Newman stated that several surrounding communities have extended their temporary orders through the end of the year, he would like to see the Village do the same. He made several points in favor of allowing businesses to maintain outdoor seating. He stated that while there are no current indoor seating restrictions, restaurants are still recovering from the 453 days that indoor seating was either not allowed or otherwise restricted. Mr. Newman pointed out that Covid-19 cases are on the rise, and hence other communities have talked about once again enforcing restrictions. He also stated that many people are still uncomfortable eating indoors due to the pandemic. Mr. Newman projected that removing the outdoor space at his establishment would result in the loss of thousands of dollars in revenue over the upcoming months.
Mr. Newman reminded the Board that in recent months he had received a permit to build a permanent outdoor structure, however due to unforeseen circumstances the construction of the space has been delayed.
Trustee Guethle asked if Mr. Newman was referring to the outdoor seating in the front of the building or the rear.
Administrator Bosco stated that the current ordinance states that the business has to have the outdoor dining in the parking lot adjacent to the building, however the business is not limited to one outdoor space, therefore Brother Chimp Brewery currently had outdoor dining spaces in the front as well as rear of the building. Administrator Bosco also confirmed that both St. Charles and Geneva have extended their outdoor dining provisions through the end of the year. Mr. Bosco explained that the state has been extending their executive orders month by month, offering no definitive end date. Once the executive order does come to an end, the Village will need to have a plan in place for the businesses to phase out their outdoor dining allowed under the executive order. He explained that the Village Board would need to discuss such a plan in upcoming weeks.
Trustee Guethle asked if outdoor dining could feasibly extend in to winter months to which Mr. Newman stated that he had many customers utilize the outdoor dining throughout much of the winter, with January and February being the most challenging. Mr. Newman also stated that while he may have his permanent outdoor dining completed within the coming months, other businesses would still benefit from an extension of the outdoor dining.
Trustee Guethle expressed his support for extending the outdoor dining in support of the local businesses.
Mr. Newman explained that the types and amounts of support varied with each business, stating that while he qualified for aid via one type of program, he was denied another, furthering his stance on offering extended outdoor dining in support of small business.
Maxine and Doug Pearce of 724 Thompson Ave-Mrs. Pearce stated that she has been in contact with Village staff in regard to the warehouse at 300 and 302 Mitchell Rd. and the nuisance level noises that have been emanating from the property. Mrs. Pearce said that the problematic behavior began in late April with increased activity at the warehouse escalating to the warehouse operating 24 hours a day, producing loud noises at all hours of the day and night. The noises were produced in large part by trucks coupling and uncoupling, trailers colliding with force to aid in the coupling, truck alarms that sound when a truck is in reverse among other such noises. Mrs. Pearce submitted to the Board a petition signed by 28 neighbors within the Chesterfield subdivision, testifying to the disruptive activity at the warehouse.
Mrs. Pearce stated that she had contacted Community & Economic Development Director Mike Toth on June 2nd, Mr. Toth promptly investigated the situation and agreed the activity at the warehouse was a nuisance. She said Mr. Toth spoke with the building owners on June 29th and the activity began to decrease. Mrs. Pearce stated that on July 12th Director Toth told her that the residents would be moving out of the warehouse in August. Mrs. Pearce said that she hoped, going forward, this type of nuisance behavior could be prevented with new occupants of the warehouse.
Mr. Pearce stated that he had set up a security camera to monitor the activity of the warehouse, capturing much activity as well as the noises that accompany the activity. Mr. Pearce played an audio recording of some of the noise produced by the trucks at the warehouse.
Mrs. Pearce submitted a photo of the warehouse space from their backyard, pointing out the sparse foliage between properties. Mr. Pearce pointed out that the sparse foliage leads to light pollution affecting the subdivision.
Mrs. Pearce stated that she was also concerned about the number of trucks parked along the warehouse’s entry road, citing that as a safety concern.
Mayor Gaffino asked the Pearces if previous tenants had been better. They stated that yes, they just began noticing these noises in April.
Mrs. Pearce stated that the residents of the subdivision were never given public notice that the warehouse was going to be built.
Administrator Bosco explained that the property is being misused for outdoor truck storage and that is driving the noise emanating from the warehouse property. He stated that both he and Director Toth have made site visits as well as met with the property owners (Prologis) as well as the tenants (Dart Logistics). Mr. Bosco explained that the tenant had recently taken on an additional client which led to the increased number of trucks at the facility. The tenants have been made aware that they are in incompliance and have until August 15th to remedy the situation. The situation is improving and will continue to be monitored.
Trustee Guethle asked if there is something that can be done about the noises at night. Administrator Bosco replied that there is nothing in the code that would prevent the business from operating at night, however there are noise limits. Mr. Bosco explained that the root of the issue at hand is the volume of trucks moving in and out of the facility, which is being remedied.
Administrator Bosco stated that the additional issues the residents brought up such as berms and lighting, those issues are typically addressed during the approval process.
Community & Economic Development Director Mike Toth stated that upon meeting with executives from Dart Logistics, Dart decided to move the operations for the client that generated the large volume of truck traffic to a different site in Naperville. Mr. Toth anticipates that once those operations have moved, the night time noise from operations would be abated.
Mayor Gaffino asked if anything could be done about the dead trees between the warehouse property and the subdivision. Director Toth stated that the Village has already been communicating with the property owners and their landscaping company to remedy the situation.
Further discussion was had in regard to what the Village can do to prevent the situation from escalating again once a new warehouse tenant takes occupancy.
Mayor Gaffino stated that he thought the Village staff moved quickly to remedy the situation with a resolution date of August 15th.
Administrator Bosco stated that the Village will remain in contact with the Chesterfield residents and continue to update them on the progress.
CONSENT AGENDA
1. Village Board Minutes dated 06/21/2021 and Committee of the Whole Minutes dated 06/21/2021
2. Interim Bills List Dates FY2021 06/30/2021 in the Amount of $72,801.96
3. Interim Bills List Dated FY20222 06/30/2021 in the Amount of $103,505.23
4. Bills List Dated FY 2021 07/19/2021 in the Amount of $20,436.34
5. Bills List Dated FY 2022 07/19/2021 in the Amount of $910,887.07
6. Travel and Expenses for Business Purposes in the Amount of $120.00
7. Approval of an Ordinance Authorizing the Sale or Disposition of Surplus Personal Property
Motion for approval made by Trustee Lowery and seconded by Trustee Curtis. Roll Call Vote: Trustee Lowery – yes, Trustee Niedzwiedz –yes, Trustee Salazar – yes, Trustee Curtis – yes, Trustee Guethle – yes. Motion approved (5-0).
NEW BUSINESS
1. Approval of Ordinance Approving the 1st Budget Amendment for Fiscal Year 2021-22
Finance Director Bill Hannah stated that this Ordinance would authorize the transfer of current TIF funds from the North Lincolnway TIF Fund and the Sperry TIF Fund to the current Route 31 TIF Fund.
Motion for approval made by Trustee Guethle and seconded by Trustee Salazar. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Curtis –yes. Motion approved (5-0).
2. Approval of Ordinance Designating Surplus TIF Funds and Terminating the North Aurora Lincolnway TIF Project Area
Community & Economic Development Director Mike Toth explained that the next six items on the agenda pertain to the adoption of the North Aurora United Tax Increment Financing District. The first three involve the current Route 31 TIF District. The current Route 31 TIF District will remain south of I-88, any parcels in the existing Route 31 District north of I-88 will need to be removed from the Route 31 TIF District and added to the new United TIF District. To add the properties in the North Lincolnway and Sperry TIF Districts to the United TIF District, those TIF Districts must first be dissolved. Per the subject Ordinances, the North Lincolnway TIF Project Area and Sperry TIF Project Area would be terminated and immediately and then become part of the North Aurora United Tax Increment Financing District, upon adoption of the United TIF Financing District.
This first Ordinance dissolved the North Lincolnway TIF District.
Motion for approval made by Trustee Niedzwiedz and seconded by Trustee Guethle. Roll Call Vote: Trustee Niedzwiedz – yes, Trustee Salazar – yes Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes. Motion approved (5-0).
3. Approval of Ordinance Designating Surplus TIF Funds and Terminating the Sperry TIF Redevelopment Project Area
Director Toth explained that this Ordinance dissolved the Sperry TIF to become part of the United TIF District.
Motion for approval made by Trustee Salazar and seconded by Trustee Lowery. Roll Call Vote: Trustee Salazar –yes, Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes. Motion approved (5-0).
4. Approval of Ordinance Removing Parcels from the North Aurora Route 31 Tax Increment Financing District
Director Toth explained that this Ordinance removed properties from the North Aurora Route 31 TIF district that will be moved to the United TIF District.
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 Curtis –yes. Motion approved (5-0).
5. Approval of Ordinance Designating the North Aurora United TIF Redevelopment Project Area
Director Toth explained that the next three Ordinances were required per the Tax Increment Allocation Redevelopment Act for the adoption of the North Aurora United TIF District.
This Ordinance defines the North Aurora United TIF Redevelopment Project Area.
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 Curtis –yes, Trustee Guethle – yes. Motion approved (5-0).
6. Approval of Ordinance Approving the North Aurora United TIF Redevelopment Plan and Project
Director Toth stated that this Ordinance adopts the North Aurora United TIF Redevelopment Plan.
Motion for approval made by Trustee Curtis and seconded by Trustee Carroll. Roll Call Vote: Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes. Motion approved (5-0).
7. Approval of Ordinance Adopting Tax Increment Financing for the North Aurora United TIF Redevelopment Project Area
Director Hannah explained that this Ordinance authorizes the creation of the special tax allocation fund and tax increment financing for the North Aurora United TIF Area.
Motion for approval made by Trustee Salazar and seconded by Trustee Niedzwiedz. Roll Call Vote: Trustee Salazar – yes, Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes. Motion approved (5-0).
8. Approval of Ordinance Approving a Tax Increment Financing Redevelopment Agreement with the North Aurora Industrial Venture, LLC
Administrator Bosco explained that this Ordinance is the United TIF District incentive request from Opus Development which had last been discussed by the Committee of the Whole on June 21, 2021.
This Ordinance approves the reimbursed incentive of $3,931,420 with a repayment schedule of 75% of the annual TIF increment generated by “Building B”.
The Village maintains the Right to Terminate if the building is not built within the first three years or the developer fails to begin grading of the property within one year.
Incentive payback is pursuant to increment generated by the building.
If the building falls in disrepair or otherwise not up to code, payment can be withheld until the situation is remedied.
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 Curtis –yes. Motion approved (5-0).
9. Approval of Ordinance Amending the North Aurora Code Section 5.08.350 to Increase the Number of Class B Liquor Licenses Authorized in the Village of North Aurora
Administrator Bosco stated this Amendment would increase the number of Class B Liquor Licenses by one to a total of seven. This liquor license would benefit Nu Nu’s Café, a new restaurant at 1109 Ritter Street.
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 Curtis –yes, Trustee Guethle – yes. Motion approved (5-0).
10. Ordinance Approving the Updated Site plans for the Property Located at 151 S. Lincolnway in the Village of North Aurora
Director Toth explained that the Fox Metro Pump Station was granted site approval on April 6, 2020. The site plans have since been altered, however still meet the requirements of the Zoning Ordinance and the alterations do not constitute an intensification of the approved Utility use of the property.
Motion for approval made by Trustee Guethle and seconded by Trustee Curtis. Roll Call Vote: Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes. Motion approved (5-0).
11. Approval of Authorization to Purchase Emergency Lighting Equipment for Four Police Patrol/Utility Vehicles and Installed From Miner Electronics Corp. in the Amount of $42,606.00
Chief Fisher explained that the Police Department is asking to purchase emergency lighting for vehicles recently approved for purchase by the Board. The quote for the equipment is $24,590, the budgeted amount is $50,800.
Motion for approval made by Trustee Guethle and seconded by Trustee Lowery. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes Trustee Curtis –yes. Motion approved (5-0).
12. Approval of Authorization to Purchase a new Code Enforcement Vehicle From Suburban Purchasing Cooperative in the Amount of $24,590.00
Director Toth stated that the Village is seeking to purchase a 2021 Ford Escape for the Code Enforcement Division which would replace the 2009 Chevy Colorado which is currently being utilized. The current FY budgeted amount is $25,000.
Motion for approval made by Trustee Guethle and seconded by Trustee Niedzwiedz. Roll Call Vote: Trustee Salazar – yes Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes. Motion approved (5-0).
VILLAGE PRESIDENT – None
TRUSTEES COMMENTS – Trustee Curtis stated that she experienced a near accident at the intersection of State St and Grant St where State St. curves. She asked Chief Fisher if there is any remedy to make the intersection safer.
Chief Fisher stated that that is a state road and any signage would need to go through IDOT, however he will bring the issue up within the department for possible solutions.
ADMINISTRATOR’S REPORT – Administrator Bosco stated that he planned on bringing the executive orders relating to Covid back before the Board in August. He also stated that the Village just completed the purchase of 19 S. Lincolnway.
ATTORNEY’S REPORT – None
VILLAGE DEPARTMENT REPORTS
1. Finance – None
2. Community Development – None
3. Police – None
4. Public Works – None
ADJOURNMENT
Motion to adjourn was made by Trustee Guethle and seconded by Trustee Niedzwiedz. All in favor. Motion approved.
Respectfully Submitted,
Jessi Watkins
Village Clerk
