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Village Board Minutes

VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING
MARCH 26, 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 Max Herwig.

Staff in attendance: Village Administrator Sue McLaughlin, Wes Kornowske, Finance Director Bill Hannah, Building Commissioner DeWayne Williams, Public Works Superintendent Mike Glock, Police Chief Tom Fetzer, Fire District Chief Mark Bozik and Attorney Kevin G. Drendel.

AUDIENCE COMMENTS
Mike Bruno (221 John St., North Aurora) — Mr. Bruno lives near the golf course and complained about several properties in the area leaving garbage in open containers and garbage blowing through the neighborhood. He said that he has called the Code Enforcement people and ‚Äúthe lady working nights,‚Äù but he is ‚Äúnot getting anywhere.‚Äù He says there are also dogs running at large. He asked what he needs to do. Village President John Hansen directed DeWayne Williams to follow up with him.

PUBLIC HEARING — CATICH
Village President Hansen opened the public hearing for the Catich Annexation. DeWayne Williams reported that the Catichs have requested continuation of the hearing to April 9, 2007. President Hansen asked for public comments. There were none. Motion made by Trustee Berman and seconded by Trustee Herlihy to continue the hearing to the Regular Board Meeting on April 9 at 7:00 p.m. at the Village Hall. Motion approved by unanimous voice vote.

PUBLIC HEARING – LFI/WAL-MART PROPERTY
Village President Hansen opened the public hearing. Attorney Kevin Drendel swore in members of the audience planning to speak at the public hearing.

Steve Sabo (207 April Lane, North Aurora) — Mr. Sabo said that the Board is elected to represent the entire Village. He asked the Board to consider the entire Village. He noted that the Village has a need to build a $6M to $9M police building in the near future, and he asked the Board to approve the Wal-Mart.

Michael Vanmaldegiam (925 Wilkinson Lane, North Aurora) — Mr. Vanmaldegiam understands the Oak and Orchard parcel has been planned commercial since the 1980s. He asked, if not Wal-Mart, then what? He stated that the Wal-Mart would be good for taxes and that ‚Äúlogically Wal-Mart would be good for North Aurora.‚Äù

Marcia Watkins (240 Kathryn Lane, North Aurora) — Ms. Watkins thanked Trustee Herlihy for pointing out further considerations to be considered. She thanked Trustee Gaffino for asking them what the objectors want. She stated that she is not against Wal-Mart; she is against Wal-Mart at that location. She noted that Wal-Mart is the largest retailer in the world, reportedly spending $800M in new store development. She suggested that Wal-Mart could at least address the issues being raised in North Aurora. She expressed concern that the hearing was being held on Spring break when many people could not be in attendance. She would like a traffic study to be done. She wants the Board to give a fair opportunity for public comment. She wants information that the Board has to be made available to the public, and she wants the decision to be delayed.

President Hansen responded that the Board would not be voting that night and noted that Wal-Mart has requested a delay to allow them the opportunity to submit additional documents and for additional public comment.

Tim Curtin (1558 Westbury Cir., North Aurora) — Mr. Curtin‚Äôs opposition to Wal-Mart is the location being considered. He said it is ‚Äúill conceived and poorly suited for that property.‚Äù He believes that the Wal-Mart would harm and cause detriment to the families in that neighborhood. He has resided in that neighborhood for 9-1/2 years. He stated his agreement to most decisions the Board has made, but he is ‚Äúdeeply concerned‚Äù with decisions being made on Orchard Road, ‚Äúcreating an island of residential.‚Äù He suggested that the Wal-Mart is better suited along I-88, and asked the Board to consider the people who live there and the quality of life.

Bill Ferron (1668 Abington Lane, North Aurora) — Mr. Ferron has lived in Waterford townhomes since they were built and is Vice President of the Homeowners‚Äô Association. He asked the Board to vote against the Wal-Mart. He stated that it will directly affect the lives of 30 families who live along the west edge of the Waterford property. He stated that the families were not consulted and that hard feelings could have been avoided if they were consulted. He stated that the dust, noise and lights would be excessive. He stated ‚Äúthe promise of $38M over 20 years is just a promise.‚Äù He believes the problems would outweigh the benefits, and he believes other businesses would bring sales tax dollars without the problems. He concluded, stating that he would accept ‚Äúanything but a Wal-Mart on that corner.‚Äù

John McKenzie (277 Kathryn Lane, North Aurora) — Mr. McKenzie observed a property owner‚Äôs right to sell and own property, and that such decisions are ‚Äúup to the property owner‚Äù except as limited by zoning regulations. He speculated that the Oak and Orchard corner is probably zoned agricultural, and he objected to the Board considering putting a ‚Äú24/7/365 day business there.‚Äù He believes it would be detrimental to the residents. He observes that the traffic has increased ‚Äúexponentially‚Äù with the Woodman‚Äôs, and he said, ‚ÄúWe don‚Äôt need more traffic.‚Äù He asked the Board to consider the ramifications to the residents.

Val Shoger (234 Abington Lane, North Aurora) — Ms. Shoger does not want a Wal-Mart on that property. She expressed disappointment and a feeling that the residents‚Äô concerns are not being considered. She said that North Aurora Together was formed as a result of that feeling and is made up of residents all over the Village. She said, ‚ÄúPeople do not want Super Wal-Mart on that corner.‚Äù She stated that there are residents in Tanner Trails, Oak Hill, Orchard Estates, Waterford Oaks, by Goodwin School and on the east side who don‚Äôt want Wal-Mart. She referenced a petition with over 280 signatures and 97 on-line signatures that were gathered, and she stated that more could be gathered if there was more time. She added, ‚ÄúSome people do not want Mal-Mart on that corner, and some do not want Wal-Mart at all.‚Äù She believes it would be too close to the school. She stated that most people are not opposed to development of that corner, just not a ‚Äú24-hr. Super Wal-Mart.‚Äù She questioned why the Wal-Mart could not be located in North Aurora Towne Centre. She added that townhome owners pay taxes like everyone else and are ‚Äúnot lower class citizens.‚Äù She stated that the neighborhood pays over $500,000 in taxes to the Village, with $16,000 from each 4-unit building. She believes that the Wal-Mart would decrease property values. She urged the Board to do a noise impact study. She concluded that North Aurora is a ‚Äúgreat town‚Äù, but ‚Äúthe Board needs to look out for the best interests of the residents.‚Äù

Sharon Bauch (317 Hidden Creek Lane, North Aurora) — Ms. Bauch observed that there are many strong opinions against Wal-Mart. She said she does not live there, ‚Äúbut it‚Äôs just wrong.‚Äù She believes the impact to the neighborhood will be ‚Äúdevastating‚Äù and will continue after the Board is gone. She observed that there was no similar reaction to the Target or the McDonald‚Äôs and other development; the negative reaction is just to this development. She said if the Wal-Mart is approved she will leave town.

Michael Guentner (258 Abington Lane, North Aurora) — Mr. Guentner said he has lived in Waterford since 2004 and has been happy in North Aurora. He noted many new businesses coming into town and generating revenue. He questioned, ‚ÄúHow much more is needed?‚Äù He is concerned about 30 years in the future and whether the old Wal-Mart building would be abandoned. He also questioned whether there would be any small businesses left. He is concerned about traffic. Oak is the only collector road east to west. He does not like ‚Äúbattleship grey.‚Äù He is worried about the west end of town and urban sprawl. He stated, ‚ÄúI would hate to see another town looking the same on Orchard and Randall.‚Äù

Maurice Wing (182 Abington Lane, North Aurora) — Mr. Wing stated that the Board has a responsibility entrusted to it by the Village. He stated that the Wal-Mart is ‚Äúnot a good plan.‚Äù He stated his understanding that the Comp Plan provides for the west side of Hansen Blvd. to be commercial, while the east side is planned to be light industrial/office. He said, ‚ÄúA thousand pound gorilla waltzes in and good planning goes out the door.‚Äù He stated that the Wal-Mart could go to I-88. He added, ‚ÄúIf Wal-Mart doesn‚Äôt want to go there, let them go back to the jungle.‚Äù He concluded, ‚ÄúIt would be a violation of trust if the Board votes for it.‚Äù

Joann Gombash (1495 Hartford Lane, North Aurora) — Ms. Gombash stated that she has family members that sell real estate and that the most important thing is ‚Äúlocation, location, location.‚Äù She stated that the Oak and Orchard corner is the wrong location. She also stated that some of her family does power washing for Wal-Mart. She said they have to wash on a daily basis ‚Äúbecause of the filth.‚Äù She listed a number of things that have been found in Wal-Mart parking lots, including hypodermic needles, panties, and other things. She said, ‚ÄúIt is an outrage.‚Äù She questioned the impact on children and families. She stated that traffic on Orchard Road in the evening is ‚Äúhorrible now.‚Äù She lives in Orchard Crossing and has been there for 6 years. She says she has been happy there, but she has ‚Äúbeen lied to on many things.‚Äù She expressed surprise about the lights put up in the ball fields, and she is ‚Äúshocked‚Äù at the development on Randall and Orchard.

Greg Forgue (251 Abington Lane, North Aurora) — Mr. Forgue stated that he found out about the Wal-Mart 3 weeks ago. He thanked the Board for putting off the vote, and he suggested putting the vote off until after the election.

Patrick Reid (1381 Oakland Cir., North Aurora) — Mr. Reid has lived in North Aurora 12 years. It had a population of 4,000 or 5,000 back then. He has enjoyed growing with the community and has supported the Board‚Äôs decisions, ‚ÄúSuddenly I have grown concerns for the future.‚Äù He stated that he loves his home and neighborhood, and concluded, ‚ÄúDon‚Äôt sacrifice us at the altar of Wal-Mart.‚Äù

Max Brusky (246 Abington Lane, North Aurora) — Mr. Brusky questioned why the Clerk was not present and how a public hearing could be held without her presence. Then he read a statement from his wife, Rebecca Brusky. The written statement included comments that she has worked with large corporate clients and has observed how ‚Äúbig corporations worm their way into communities.‚Äù She stated that she is ‚Äúoffended by their arrogance‚Äù and moved to North Aurora because of experiences in Chicago. She asked whether an environmental impact study has been created, and believes that it would be in the Village‚Äôs best interest to obtain one. She is concerned about water runoff onto other property and asked whether there had been long-term projections for all of the retail in the Village. She questions whether taxes are the only long-term answer to deficits. She concluded, ‚ÄúIf the Plan Commission recommendations are not adopted, I don‚Äôt see how the Board can approve it.‚Äù

Attorney Kevin Drendel responded that the meeting is being taped and that two separate people are taking notes so as to be able to reproduce minutes of the hearing.

Mary Griswold (301 Messenger Cir., North Aurora) — Ms. Griswold stated that she is a mother and a consumer, and she agrees with most concerns expressed. She has children at Fearn Elementary School. She stated that the back of the school has access to the Wal-Mart property. She suggested that the Board bring in a smaller development on that property and ‚Äúsomething we don‚Äôt have in the community.‚Äù

Nancy Lenkowski (1705 Waterford Rd., North Aurora) — Ms. Lenkowski stated that the property is ‚Äúbetter suited for something smaller than a 200,000-plus square foot Wal-Mart that runs 24 hours.‚Äù She wants something smaller and something different. She lived in Aurora 15 years, and moved to North Aurora to be part of a smaller community. She has heard that the North Aurora store would replace the Aurora store, and commented, ‚ÄúI have seen what that clientele does to that store, and I do not want that in my back yard.‚Äù She believes Wal-Mart may detract from other stores. She would like to see something ‚Äúmore like Geneva Commons.‚Äù She added that she has ‚Äúphilosophical objections‚Äù to Wal-Mart. She said her home is her biggest asset and she does not want its value to go down. She expressed concerns about noise and traffic. She concluded, ‚ÄúWal-Mart is a corporate giant that eats up vendors and communities.‚Äù

Marty McCoy (1693 Waterford Rd., North Aurora) — Mr. McCoy said he is new to the area. His family moved west because of breathing difficulties, and he is distressed to learn about the Wal-Mart being planned on that corner.

Jennifer Martens (958 Wilkinson Lane, North Aurora) — Ms. Martens thanked the Trustees for listening. She said she is impressed with decisions the Board has made in the past, with this one exception. She said that Wal-Mart is ‚Äúredundant‚Äù; and asked, ‚ÄúWhat do they have that Target doesn‚Äôt?‚Äù She does not want the noise or the ‚Äúdrag on property values.‚Äù She suggested the Wal-Mart move over by the Target. She asked whether impact studies were done. She stated her belief that Wal-Mart is the ‚Äúsingle most controversial retailer in America‚Äù; and she asked the Board to ‚Äúmake them prove they will not do any harm.‚Äù

Bruce Goldsmith (an attorney for the Butler family which owns the property to the north) addressed the Board about the planned right-in/right-out access at the northwest corner of the Wal-Mart property. The Butler family would like a cross access easement there. He observed that the Comprehensive Plan shows the Butler property planned as commercial in that area. He also asked for a cross access easement from the southeast corner of the Wal-Mart property at Oak Street along the east edge of the Wal-Mart property to the north to allow access to the Butler property. Finally, he asked for permanent screening on the north side of the Wal-Mart property.

Chris Spellman (216 Andrew Ct., Pine Creek, North Aurora) — Mr. Spellman stated that he lives on the east side of town, but he agrees with the concerns people have. He said that there is already a Target and Woodman‚Äôs in North Aurora. No one was opposed to them. Since people are opposed to Wal-Mart, he wants the Board to vote no.

Maurice Wing (182 Abington Lane, North Aurora) — Mr. Wing reapproached the Board and stated that the drive along the east property line would be even more intrusive if it was allowed to give access to the Butler property to the north.

Joann Gombash (1495 Hartford Lane, North Aurora) — Ms. Gombash reapproached the Board and stated that the Wal-Mart on Galena in Aurora has security ‚Äúdriving around all day just to protect the parking lot.‚Äù She stated, ‚ÄúThose people will come to our Wal-Mart.‚Äù

Suzanne Symons (270 Abington Lane, North Aurora) — Ms. Symons stated that she is single and works very hard. She put all of her funds into her townhome and has a hard time making her mortgage payments. She says that she is ‚Äúcounting on that investment‚Äù; but she is being told she will lose 20% on the value if Wal-Mart is approved. She also added that she moved from Batavia to North Aurora looking for quiet and indicated that more traffic on Oak Street would prevent her from sleeping at night.

President Hansen asked for other public comments, but there were none. President Hansen indicated that the property owner and Wal-Mart are requesting postponement of any decision to the April 9th Board Meeting. Motion made by Trustee Berman and seconded by Trustee Shoemaker to table the hearing to April 9, 2007, at 7:00 p.m. at the Village Hall. Motion approved by unanimous voice vote.

CONSENT AGENDA
A.

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