VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
MARCH 19, 2007
CALL TO ORDER
Village President Hansen called the meeting to order at 7:00 p.m.
ROLL CALL
In attendance: Village President John Hansen, Trustees Paul Shoemaker, Dale Berman , Linda Mitchell, Mike Herlihy and Mark Gaffino. Not in attendance: Trustee Max Herwig.
Staff in attendance: Village Administrator Sue McLaughlin, Wes Kornowske, Finance Director Bill Hannah, Building Commissioner DeWayne Williams, Public Works Superintendent Mike Glock, Village Engineer Jim Bibby, Police Chief Tom Fetzer, Fire Bureau Chief Mark Bozik and Pete Iosue of Teska.
AUDIENCE COMMENTS
Bill Ferron, 1668 Abington Lane – Mr. Ferron addressed the Board regarding concerns of the Waterford Oaks Townhome Association. The Association had several objections to the proposed Wal-Mart Supercenter. Ferron said the objections were based on the quality of life that the homeowners have enjoyed since the subdivision was built 9 years ago. Ferron said that the Homeowners Association was not notified of the planned development of the 28-acre parcel. The development directly impacts the neighborhood and the Association said they should have been included on the negotiations. Ferron said that convenient shopping is desired by all, but should never interfere with the lifestyle of the nearby neighborhoods, rather should accentuate it. Ferron added that a 24-hour day store is too noisy with the constant ingress/egress of cars and trucks. The plan for the development shows the east end of the building very close to the residents near the Waterford and Abington area. The plan also shows that the tire and lube express will also be located on that end. There will also be loading docks for delivery of products on the east end of the development. The combination of the noisy impact wrenches and the off-loading and loading of merchandise will be incredibly loud. Ferron said those same trucks will be leaving the store via the east end of the parking lot and onto Oak Street. The diesel smoke from these trucks is smelly and dirty and will drift into the homes. The parking lot lights will be on during the times that natural sunlight is not available. This will disturb the sleep of those on the western side of Waterford Oaks Townhomes. Ferrel said that the berm that is planned to separate the Wal-Mart lot from the townhomes will have water drainage and runoff issues. The Association asked that the Board consider these suggestions: 1. Include Association in any further negotiations with Wal-Mart, 2. Removal of the food shopping portion from the supercenter. If the food sale portion is removed, there will be no need for a 24-hour super store, 3. Relocation of tire and lube and truck docks to west end of building, 4. Planned drive-thru pharmacy relocated to east end of building, 5. No truck lane on east end of lot, 6. Lights on eastern half of parking lot lowered to 20 feet and shields placed on lights, 7. Assurance from Wal-Mart that closed circuit cameras will not be pointed toward the homes, 8. Water drainage system installed to collect runoff, 9. Construction start time at 8 a.m.
Maxwell Brusky – 246 Abington – Mr. Brusky resides at one of the houses that front the proposed site. His front door will face the berm and wall. Brusky said that he knew that some sort of development would come to the area someday, but was disturbed when he found out 3 weeks ago that this will be a 24-hour super Wal-Mart with trucks, car care center, garden center, grocery store and pharmacy. Brusky said a lot of people would agree that this site is too small for the proposed Wal-Mart. Brusky said there are other properties along Orchard Road that would not affect anyone’s homes. Brusky noted his concern that this project has been in the works for a year, but unbeknownst to most people except for those with access to the information. Brusky said that, before a decision is made, people should have a say whether or not the Village will go forward with this. Brusky said he opposes the development in its totality. Brusky noted that what the Plan Commission recommended were sound conditions and if the plan goes through, the recommendations of the Plan Commission should be iron-clad. Brusky said that another concern is the mechanism for enforcement once Wal-Mart is in business. Brusky asked if someone would have to go to court or call the police every time there is a delivery during unapproved times. Brusky said that Wal-Mart’s record has shown that they are not litigation averse. Their decisions are not made in North Aurora or Aurora, rather in Bentonville, Arkansas. Wal-Mart has no incentive to be neighborly. Brusky said that the second condition by the Plan Commission is that the special use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood. Brusky said he was glad that the Plan Commission disagreed because there is nothing that will show that property values will not diminish. Brusky asked that the Board deny the annexation request and encourage the developer to seek out another use, adding that if Wal-Mart is not able to use this property, the only one hurt by this would be the developer. Brusky added that if the annexation is granted, that the zoning change be denied and that this property be directed for other uses, and if it goes forward, that the Plan Commission’s recommended be adopted in total and include any other conditions the Plan Commission may come up with.
Valerie Shoger, 234 Abington Lane – Ms. Shoger said that she has lived in her townhome for almost 8 years. Shoger grew up in North Aurora and has seen the town grow. Shoger said that most of what she has seen has greatly benefited the community. Shoger said she could not express how disappointed she is that the Village would agree to allow a Super Wal-Mart to be built in the back yards of a quiet, well-established neighborhood. Shoger said she and neighbors were not aware the Super Wal-Mart was a possibility for the land until a few weeks ago, yet the Village has been working with Wal-Mart for over a year to get them to build in the community. Shoger asked, if Wal-Mart is so great for the community, why haven’t the residents of the Village heard about this until now. Shoger said she is also concerned about the noise the Wal-Mart will create in the subdivision and the light pollution. Shoger requested a noise study be done to determine how bad the noise will be in the Waterford Oaks neighborhood.
Marcia Watkins, 240 Katherine Lane, Waterford Oaks – Ms. Watkins said that Wal-Mart is the largest retailer in the world and the largest producer of empty retail stores in the world. Watkins proposed adopting a resolution not only for Wal-Mart, but for the entire Village, stating that when a store of this size vacates, it will have the responsibility to either restore it for the next occupants or restore the land to the way it was when they moved in. Watkins asked for a moratorium on any zoning from farmland to B2 or anything else that the Village has planned at this time until the issue is resolved. Watkins said that there has been very little in the newspapers about Wal-Mart. Watkins said that when Target and Walgreen’s came to town, everyone knew about it. Watkins said that Wal-Mart will drive away businesses that will be more desirable and that would offer more variety to the community. Watkins said that page 25 of the North Aurora Comprehensive Plan provides for areas to develop spatial buffers adjacent to existing or future residential development. Watkins said that the proposal by Wal-Mart is not a spatial buffer. Wal-Mart is using the land to the maximum square footage for its own value, without consideration to the adjacent property. Watkins said the Comprehensive Plan also commits to preserving and protecting the historical value of the Village, but does not see how a Wal-Mart would accomplish this. Watkins stated that there is a proposed Super Wal-Mart site on Route 30 in Montgomery, in Aurora, Geneva and Oswego. Watkins asked how many Wal-Mart stores are needed.
Rebecca Brusky, 246 Abington Lane – Mrs. Brusky was concerned about business outlook and the environment. Ms. Brusky was concerned with exhaust traveling into the neighborhood. Brusky said there are many state and federal environmental agencies that have fined Wal-Mart over and over for such things as stormwater violations and contamination. Brusky asked what the recourse will be if this happens. Brusky asked if there is an environmental impact statement, and if so, requested that it be made public. In terms of business, studies show that retail sales do create significantly when there is a Wal-Mart. Brusky said there are numerous new empty retail sites and no new business will want to move in if all of the retail business will be taken by Wal-Mart.
Shannon Bauch, 317 Hidden Creek Lane – Bauch said she does not reside in the Waterford Oaks Subdivision but heard about it and felt it was wrong. Bauch said a lot more people would be at the meeting if they knew that this was going on. Bauch said she would like a Super Wal-Mart in the area but does not believe the proposed location is a good one. Bauch noted that Wal-Mart plans on closing their Aurora store and has not proven that they can handle the responsibility in that community. Bauch asked, why the Village would then let Wal-Mart come into North Aurora and impact those in Waterford Oaks.
Vince Mancini, 526 Mallard Point Drive – Plan Commissioner Vince Mancini said that the Plan Commission initially rejected the special use due to those concerns mentioned at this evening’s meeting (noise, lighting, and other factors significant to the residents at Waterford Oaks). Mancini said he is concerned about his neighbors and the Board should be, as well. Mancini said that when the Plan Commission took a recess, the developer asked the Plan Commission to reconsider the special use with the idea that the Commission put conditions on their plan. The Commission sat through and stated conditions that were important and the developer gave the Commission no input as to whether or not they would be acceptable or what their ideas were. Wal-Mart had no response. Ultimately, the special use was passed by 6 plan commissioners. Mancini said he was among two that dissented. Mancini asked the Board to look at the 16 conditions that were proposed. Why is the tire care on the east side of the property? Why is landscaping and yard center next to residents? Why is there no landscaping or nice architecture on the north side of the building? Mancini said that he was opposed to the plan because these conditions went unanswered. When these things go unanswered without any response from the developer, how can the Plan Commission approve the plan? Mancini said he did not understand how it could be before the Board without those answers. Mancini said the Plan Commission is the Board’s fact finding board and there are no facts before the Village Board that say Wal-Mart would address any of these concerns. Mancini asked the Board to take the time and evaluate the project fully. Mancini asked the Board not to take the Plan Commission’s recommendations on its face. Mancini asked the Board to read what occurred and understand why it passed.
Atty. Dennis Lindell, 4200 Commerce Ct., Suite 300, Lisle, IL 60532 (representing property owner to the north, Evelyn Butler) – Atty. Lindell informed the Board that his client supports the Wal-Mart development. Atty. Lindell asked that his client be able to tie into Wal-Mart’s right-in/right-out and would like to extend the full access point into the residential and commercial pods in the future. Lindell said they would like to extend a similar commercial drive aisle along Wal-Mart’s eastern property line and would request that Wal-Mart consider some sort of buffering in order to not allow the trash compactors to be visible.
Michael Norris, 1612 Abington Lane – Mr. Norris said that his home is at the northwest corner of Oak and Forest Ridge Dr. Norris said he bought his townhome in June of 2004 and his windows face onto Oak Street. Norris asked if any noise studies have been conducted. Norris said he does not want the Wal-Mart at the proposed location and asked if it could be moved to the commercial area where Target and National Tire are located. Norris said that something needs to be done on Oak Street if the Wal-Mart has to build at Orchard and Oak and proposed the Board look at all entry and exit on Orchard only and from Hansen Drive, east on Oak, there should be established truck limits. Eastbound from the west edge of Waterford Oaks, there should be truck weight restrictions.
Tamara Schlemmer-Ruschman, 1613 Waterford, РMs. Schlemmer said that she echoed the concerns already mentioned and did not believe this to be the place for Wal-Mart. As a community, North Aurora was without a grocery store and Woodman’s came to town and everyone has benefited. With the proposal of Wal-Mart, it sends a message that the Village is not operating in the best interest of the residents or the existing businesses.
Marilyn Dollmeyer, 1641 Abington Lane – Ms. Dollmeyer said she is one of the original owners of Waterford Oaks. Dollmeyer said that North Aurora has a very nice community and to bring in a big box store such as Wal-Mart is uncalled for, especially at the proposed location.
Barry Porch, 190 Abington Lane – Mr. Porch said this Wal-Mart will be in his back yard and will create a lot of noise. Porch noted that the outlot proposed for the site is a bank and there is currently a bank in the Woodman’s lot. Porch said the berm is a concern because there are no provisions for drainage onto his land. Porch said he likes what has been planned for Orchard Gateway and the Target location and that is where commercial should be located. Porch said that commercial should not be next to residential and there should be some sort of transition.
Holly Graham, 1660 Abington Lane – Ms. Graham said there was no mention in the February newsletter of the Wal-Mart coming to town and asked why this was kept quiet. There was mention of other businesses proposed for the area, but Wal-Mart was not one of them. Graham said that in the Kane County Chronicle there was a report of increased crime in North Aurora. Graham asked what Wal-Mart would do about crime. Graham said that when Woodman’s came to town they paid for the new ambulance for the Village as well as lights. Wal-Mart did not say what they are going to do for the community. Graham asked why Wal-Mart has to go on the proposed property when there is plenty of space by Target. Graham asked if there is really a need for another Wal-Mart since there is a Wal-Mart 3.76 miles from North Aurora and another at Orchard and Route 30, less than 6 miles. Graham said that there is currently standing water in the field for the proposed property. Wal-Mart will put asphalt over the field and there will be a small detention pond that will supposedly be sufficient enough for drainage. Graham said she did not believe this will be sufficient. Graham said that Wal-Mart was never concerned about installing drains for the east side of the berm. Graham asked if a change could be made so that construction is not allowed to begin at 6:00 a.m.
Richard Jacob, 1609 Waterford – Mr. Jacob said he works from home and the windows of his office face the west. Jacob said he does not want to hear diesel or oil & lube noise all day long. Jacob said he looked for an economic impact study that was done that showed any type of positive impact of Wal-Mart in a community. Jacob said he could not find, anywhere, where the property values had gone up, where there wasn’t a drain on city services, or where property had not been abandoned at some point. Jacob said he is very upset and hopes the Village will rethink having Wal-Mart in the backyards.
Ann BachmanThomas, 229 Catherine Lane – Ms. Bachman mentioned the 8 feet of water that flooded the Cherry Hill subdivision due to run off water from Wal-Mart.
Maurice Wing, 182 Abington Lane, North Aurora – Mr. Wing said he checked with DeWayne Williams at the time the Woodman’s was being built regarding the plan for the area that is now proposed for the Wal-Mart and was told that the plan was to continue a road across the light and exit onto Orchard Road. The plan is commercial on the west side of Hansen Blvd and on the east would be anticipated for light industrial or an office complex. There was no mention of a big box. Wing said this is totally unfair to the residents of Waterford Oaks and the residents entrusted the Village Board to protect them from this type of invasion. The quality of life will go down. Wing said he estimates possibly a loss of $10,000 Р$20,000 on his property. Wing said he has a good portion of his lifetime investment in his home and asked that the Board please take this into consideration.
Mark. Sorrentino, Richmar Development – Mr. Sorrentino stated that this property has been in the comprehensive plan for years. The corridor along Orchard Road has been designated as a commercial corridor by the Village of North Aurora and Kane County. Sorrentino said that the tax dollars will bring some things to the community that would not be able to be done with small boxes. Wal-Mart will bring a lot of synergy to the area.
Lori Koch, 1633 Abington Lane – Ms. Koch said she is concerned about the impact on the residents and the children who attend the public schools. Ms. Koch said there would be for sale signs from some of the residents if Wal-Mart is allowed next to Waterford Oaks.
John Snow, 1669 Abington Lane – Mr. Snow said he purchased his home 9 years ago and was led to believe that there would be more housing to the west and expected commercial on the corner. Snow said he was completely shocked when he received a letter about a zoning change for a Wal-Mart in a small plot of land that has no business for a building of this size. Snow said the facing is wrong and the Wal-Mart should face Orchard Road. Snow said he is highly disappointed and can’t believe that until he received the letter, had no idea what was going on. There was never mention of a Wal-Mart.
Teresa Vonhoff, 1605 Waterford Road – Vonhoff has lived at her residence for the last 9 years and her back door faces Fearn Elementary. Vonhoff said she supports what everyone has said and asked the Board to consider what has been mentioned at the meeting.
Patricia Hansen, 216 Catherine Lane – Ms. Hansen said that violent crimes happen in Wal-Mart parking lots and the cameras that are there to protect the customers are being used to watch their own employees most of the time. They are used to stop the development of unions. They are not there to protect the residents. Hansen said that the Village does not need a Wal-Mart.
TRUSTEE COMMENTS
Trustee Shoemaker said that the proposed site is retail, but would like Wal-Mart to be more flexible with moving the tire and lube and the garden center to the Orchard Road side of the development. Shoemaker said that if he voted against the plan, he would guarantee that there are five people on the Board that would vote in favor of the Wal-Mart. Shoemaker said there has to be a balance between retail and people’s lives. Shoemaker said if Wal-Mart will make some changes and be more user friendly and accommodating for the neighbors, he would vote for the plan. If not, Shoemaker said he would not vote in favor.
A.
