VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
MARCH 5, 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, Mark Gaffino, Max Herwig. Not in attendance: Trustee Mike Herlihy.
Staff in attendance: Village Administrator Sue McLaughlin, Wes Kornowske, Finance Director Bill Hannah, Building Commissioner DeWayne Williams, Village Engineer Jim Bibby, Police Chief Tom Fetzer, Fire Bureau Chief Mark Bozik.
AUDIENCE COMMENTS – None
TRUSTEE COMMENTS
The Board agreed that “Trustees Comments” should be placed at the end of the meeting.
PUBLIC HEARING – Catich Annexation (1.5 acres on Tanner Road)
Village President Hansen opened the public hearing. DeWayne Williams provided the following information to the Board regarding the annexation. The property to be annexed measures 1.2 acres on the Catich property located on the south side of Tanner Road. The main entrance of the property will be located at the driveway of the Pole Barn. Easements will be granted across the property to the point of the acre property that Mr. & Mrs. Catich wish to build their retirement home. Williams mentioned that the plan went before the Plan Commission at the February meeting in the form of a public hearing. The Plan Commission recommended the annexation be granted with an E3 zoning (14,000 s.f. minimum yard). Staff recommended approval. Atty. Drendel said that there is an unusual feature in that the Catiches would not be able to get access right off of Tanner Road to the parcel that would be annexed and will require access from the east. Williams said that was correct. There will be an easement across the Catich property, which Mr. Catich already owns, to the property that he will be building on so that, in the future, should Mr. Catich ever subdivide and sell off any of the other property, there will still be a permanent easement to his lot. Williams mentioned that the Catiches have approximately 50 acres. Sue McLaughlin said that there is a piece of property that Mr. Catich will continue to farm until such time as it is developed. Williams said that in order for Mr. Catich to be contiguous to the Village he has to annex all the way out to the road, however, Mr. Catich wants to be able to farm the area between the road and the tree line. Atty. Drendel said that Catich would be allowed to farm this area until any other property around him develops. Trustee Berman was not in favor of the land in front of the Catich property being farmable. Berman asked if there is a similar situation in the Village. Williams said no. Gaffino asked what Mr. Catich would farm. Catich said he farms bean and corn. Catich said that he and his wife want to build behind the tree line, which will allow for more privacy. Crops will be planted on each side, north of the tree line to the road. McLaughlin said that when the house is built it will be surrounded by farmland. Catich said that the amount of land from the house to Tanner Road is approximately ¼ of an acre. Gaffino asked if the Village is setting precedent by allowing planting of crops in a front yard. Atty. Drendel said that since this is an annexation agreement, it is a negotiated agreement. Someone already in the Village would not be allowed to do the same. Mr. Catich said that by planting crops, it would keep the weeds down. Herwig said that if Mr. Catich does not plant corn or beans, he could let it grow into weeds. Berman said there is an ordinance against weeds. Berman said it doesn’t make sense to bring something into the village and allow someone to plow and plant corn in the front yard. Mitchell said that for as gorgeous as the home appears, would not want to look out the front of the house and see cornfields. Mitchell said she was concerned about setting a precedent. Berman suggested berming the area and planting trees. McLaughlin asked if Catich has to annex or if he could build in the County. Bibby said the Catiches are already served with Village services. Mr. Catich said that he gave an easement to Toll Brothers so they could have water. Village President Hansen asked if there is an existing ordinance that would prevent someone from growing corn or a garden in one’s front yard. Herwig asked if the Ordinance states that as soon as any property adjacent to the Catiches is developed, Mr. Catich would stop growing crops. Mr. Catich said yes and that it would also apply if he were to fail to plant for a year. Williams said the Village does not have any kind of ordinance that prohibits anyone in the Village from planting a garden. Herwig said that after reading the Ordinance, he felt that Mr. Catich’s plan was acceptable. Herwig said he would like to a reference in the ordinance stating that if Mr. Catich sells his property before it is developed around him that whoever buys it would not be able to farm. Catich said that was agreeable. Berman said that a berm would have better noise protection and look much better in a residential area. Sharon Catich said that there will be crops on both sides of the property and the front lawn will not look like the traditional front lawn. It will be cut off by the tree line and flanked off by crops.
Mitchell asked, with previous farm land, if farming stopped when it was developed. Herwig said that farming stopped because of ground clearing. Part of Tanner’s property is farmed. The property east of Woodman’s is still owned by the Tanner Family and farmed. Berger farmed where LFI is currently located. Herwig said that this is a unique situation. There is a family that owns the property and wants to annex a portion into the Village. All they are asking for is to farm the front ½ acre until such time that the property around them starts developing. Mitchell asked the reason for not annexing the entire piece of property. Mr. Catich said that years ago it was suggested that the he come to a pre-annexation agreement with the Village and plot out the entire property and the Village turned it down. Mr. Catich stated that “the Village said that they would not commit to today’s rules that might be implemented 20 years from now.” Mr. Catich said he and his wife own the property and would like to build a retirement home. Trustee Shoemaker said he would vote to accept the plan. Mr. Catich said that his attorney advised him against annexing to North Aurora and informed him that there is a law on the books that states he could make North Aurora provide water but it would be at a higher rate. Catich said that since North Aurora has been so good to work with he decided to annex. Gaffino said that this is a unique situation and did not have a problem with allowing the Catiches to grow crops in the front property. Mitchell confirmed that Mr. Catich would have no objection to agreeing in the Ordinance that if the property were to be sold, that the farming would cease. New Business.
Motion made by Trustee Mitchell and seconded by Trustee Berman to close the public hearing. All in favor. Motion approved.
A.
