1993-11-01 - Village Board Regular Meeting - Minutes 9391
11/1/93
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE
VILLAGE OF BUFFALO GROVE, HELD IN LONGFELLOW SCHOOL,
501 N. ARLINGTON HEIGHTS ROAD, BUFFALO GROVE, ILLINOIS
ON MONDAY, NOVEMBER 1, 1993
CALL TO ORDER
President Mathias called the meeting to order at 7:37 P.M. Those present stood
and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Mathias; Trustees Reid,
Kahn, Rubin, Braiman, and Hendricks. Trustee Marienthal was absent.
Also present were: Lee Szymborski, Acting Village Manager; William Raysa,
Village Attorney; William Brimm, Finance Director; Phil Versten, Administrative
Assistant; Robert Pfeil, Village Planner; and Joseph Tenerelli, Village
Treasurer.
APPROVAL OF MINUTES
Moved by Rubin, seconded by Reid, to approve the minutes of the
October 18, 1993 Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
WARRANT #753
Mr. Tenerelli read Warrant #753. Moved by Kahn, seconded by Reid, to approve
Warrant #753 in the amount of $1,205,213.43, authorizing payment of bills listed.
Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
PROCLAMATION
President Mathias read a Proclamation setting aside Friday, November 12, 1993 as
"P. Buckley Moss Day" in Buffalo Grove.
Moved by Rubin, seconded by Kahn, to approve said proclamation. Upon voice vote,
the motion was unanimously declared carried.
PUBLIC HEARING - CONCORD GLEN ANNEXATION AGREEMENT
President Mathias re-opened the Public Hearing at 7:43 P.M.
Lawrence Freedman, attorney representing the Concord Glen developers, stated that
they had no additional comments; they have received the re-drafted document and
are in agreement with same.
Mr. Raysa noted that certain draft of the Concord Glen Annexation Agreement
before the Board and the public tonight is that draft dated 10/27/93.
President Mathias then continued the Public Hearing until later in tonight's
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meeting when the ordinances will be considered.
QUESTIONS FROM THE AUDIENCE
President Mathias asked if there were any questions from the audience.
Barbara Spence of the Buffalo Grove Jaycees referred to her appearance before the
Board at the last meeting, and thanked everyone for their assistance in the
construction of the Haunted House. The project was a great success, with a
profit of approximately $6,000. Ms. Spence particularly thanked Mr. Hruby and
stated that the Jaycees are looking forward to continued cooperation and success
next year.
CONSENT AGENDA
President Mathias explained the Consent Agenda, stating that any member of the
audience or the Board could request that an item be removed for full discussion;
there were no such requests.
ORDINANCE #93-84 - Boning Variance
Moved by Braiman, seconded by Kahn, to approve Ordinance #93-84, Granting a
Variance form Section 17.32.020 of the Village Zoning Ordinance to allow
construction of a deck that would exceed 20% read yard coverage, 495 Chatham Cr.
Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
WILLIAMSBURG ESTATES - Initial Acceptance & Approval
Moved by Braiman, seconded by Kahn, to Approve a Certificate of Initial
Acceptance and Approval - Williamsburg Estates. Upon roll call, Trustees voted
as follows:
AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
APTAKISIC ROAD WATERMAIN PROJECT - Easement Agreement
Moved by Braiman, seconded by Kahn, to Approve an Easement Agreement, Parcel 29
of the Aptakisic Road Watermainnn Project. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
"PEOPLE ASSISTING LITTLE STARS"
Moved by Braiman, seconded by Kahn, to Approve a Fee Waiver - Raffle for "People
Assisting Little Stars", a benefit for Lutheran General Children's Hospital.
Upon roll call, Trustees voted as follows:
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AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
CONCORD GLEN - Aesthetics
Moved by Braiman, seconded by Kahn, to accept the Appearance Commission Approval:
Concord Glen Off Premise Sign, Route 83, North of Pauline. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
ABBOTT BUSINESS CENTER - Aesthetics
Moved by Braiman, seconded by Kahn, to accept the Appearance Commission Approval:
Abbott Business Center - Landscape Plan for Weiland Road. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
ROGERS CENTRE FOR COMMERCE EAST - Aesthetics
Moved by Braiman, seconded by Kahn, to accept the Appearance Commission Approval:
Rogers Centre for Commerce East - Temporary Sign, Aptakisic Road. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
LOU MALNATI'S
Moved by Braiman, seconded by Kahn, to accept the Appearance Commission Approval:
Lou Malnati's Parking Lot Extension - Landscaping/Lighting. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
INDIAN CREEK/SCHWARTZ & CO.
Moved by Braiman, seconded by Kahn, to accept the Appearance Commission Approval
- Indian Creek/Schwartz & Co., Port Clinton Road - 1. Elevations/Materials 2.
Landscaping. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
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ORDINANCE #93-85 - Concord Glen Annexation Agreement
Moved by Reid, seconded by Kahn, to pass Ordinance #93-85, approving an
Annexation Agreement for the Concord Glen Subdivision, IL Route 83, details of
which are contained in Mr. Pfeil's memo to Mr. Balling of October 28, 1993. Upon
roll call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
ORDINANCE #93-86 - Concord Glen Annexation
Moved by Reid, seconded by Kahn, to pass Ordinance #93-86, annexing the Concord
Glen Subdivision to the Village of Buffalo Grove. Upon roll call, Trustees voted
as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
ORDINANCE #93-87 - Concord Glen Zoning
Moved by Braiman, seconded by Kahn, to pass Ordinance #93-87, amending the
Comprehensive Zoning Ordinance as it pertains to the Concord Glen Subdivision.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
President Mathias then welcomed the development to the Village of Buffalo Grove,
and closed the Public Hearing at 7:50 P.M.
BOB ROHRMAN/SATURN AUTO DEALERSHIP
Moved by Braiman, seconded by Kahn, to pass Ordinance #93-88, approving a
Rezoning from the B-3 Planned Business Center District to the B-4 Business
Services and Wholesale District and approving a Preliminary Plan for the Bob
Rohrman/Saturn Auto Dealership, Dundee and Weidner Roads.
Trustee Rubin read the following statement:
"President Mathias, as you are aware, I am a partner in the Law Firm of Kovitz
Shifrin & Waitzman, which has represented the condominium associations adjacent
to the property in question, commonly referred to as Chatham, for many years.
Certain Chatham property owners, with the assistance and the support of the Manor
Homes of Chatham I Condominium Association and its Management Agent, Association
Specialist, Inc., filed over one week ago, petitions to protest the proposed
rezoning and to require a favorable 2/3, or super majority, vote of the Trustees
on this matter.
After consultations with the Village Attorney, as well as with members of both
the Illinois State Bar Association Committee and the Chicago Bar Association
Committee on Professional Responsibility, and after my own extensive research and
analysis of the Illinois case law in this area, I regretfully and reluctantly,
find it necessary not to participate in the Public Hearing, the Board
deliberation, or the vote on this matter. It appears that a statutory conflict
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of interest more likely than not DOES exist, that I should be disqualified from
voting due to my interest in this matter, that in addition there would definitely
be the appearance of impropriety, and that further, I have been advised that any
such action may very likely be found to be in violation of multiple rules of
professional conduct as set forth by the Supreme Court of the State of Illinois
for attorneys, to which I am subject.
Further, a 1983 Federal court case cited in the Illinois Municipal League's
Illinois Municipal Handbook states that any requirement of a council member to
vote aye or nay, or in the alternative to count such a non-vote as an aye or nay,
to be in violation of the elected official's First Amendment rights under the
U.S. Constitution. However, in the 1982 Illinois Supreme Court Case of Prosser
vs. the Village of Fox Lake, the court distinguished between statute which
required ordinances to be enacted by "affirmative vote" of the majority, and
those required by the "concurrence" of the majority. The court held that if an
affirmative vote was required, a non-vote, or an abstention would not be counted
with the majority or prevailing side, but if the concurrence of the majority was
required, then the non-vote of a present member would constitute an acquiescence
with the vote of the majority to provide the necessary concurrence.
On the other hand, I found that, in the Case of Prosser vs. Village of Fox Lake,
if a quorum is present, a municipal legislator cannot avoid voting
responsibilities by refusing to vote if present at a meeting.
Therefore, in order for my failure to vote NOT to constitute an acquiescence or
concurrence with the majority who do vote on this question, I shall be
intentionally absent from the meeting during the public hearing, the deliberation
and the vote on this matter. I also shall have no further comment on this
matter, and that specifically includes the press."
Trustee Reid read the following statement from Trustee Marienthal:
"I have been called out of town on a business trip on November 1st and 2nd and
will be unable to attend the Village Board Meeting. I would like to offer the
following comments on the important issues before the Board at that meeting.
The proposed Rohrman dealership re-zoning. I would request that the Village
of Buffalo Grove conduct and conclude its public information session and
presentation on that subject, and delay the vote to November 15th so that I may
have the opportunity to speak on the issue and to vote on the proposal. I am
also willing to meet at a special meeting on November 8th if that is necessary.
I believe that there will be significant impact on adjacent property owners and
proposed use is not consistent with the Buffalo Grove Comprehensive Plan.
I believe an alternative use such as an office headquarters site would be
appropriate. A car dealership on this location would be intrusive on the
neighborhoods which are primarily school and residential in nature. Lights and
traffic and noise continue to be a concern for me, and I am not sure that the
buffering provided will adequately resolve these concerns. I think we must,
as a Board, be mindful of the residents' views, as a large number of them have
come out opposed to the re-zoning on this site. I do want the opportunity to
vote on this issue, and request a deferral by the Village Board on this final
action."
Moved by Reid, seconded by Hendricks, to table consideration of Ordinance #93-88.
Upon roll call, Trustees voted as follows:
AYES: 2 - Reid, Hendricks
NAYS: 2 - Kahn, Braiman
ABSENT/RECUSE: 2 - Marienthal, Rubin
Motion defeated.
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Marc Schwartz, attorney representing Robert Rohrman, made a presentation to the
Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of
October 29, 1993.
Mr. Schwartz introduced those present representing the petitioner: Robert
Rohrman; Ron Coppolino, Coppolino & Associates, architect and land planner; Rolf
Campbell, Rolf C. Campbell & Associates, land planner and land use expert; and
Dan Wolf, Batler & Schwartz, attorney.
Mr. Schwartz noted the following exhibits to be presented and utilized for
tonight's presentation:
1. Petition for Concept and Preliminary Plan Review dated 11/30/92
2. Notice of Public Hearing dated 7/2/93
3. Memo from Robert Pfeil to the Plan Commission dated 7/15/93
4. Libertyville Saturn traffic count
5. Memo from James J. Benes & Associates to Robert Pfeil dated 7/15/93
6. Curriculum vitae of Ralph C. Campbell
7. Letter dated 4/12/91 from Mayor Joanne Eckmann of the Village of Libertyville
to Robert Rohrman with an attached Executive Summary and also an Economic
Development Commission study of auto sales tax receipts
8. Distribution of Sales Tax Revenue - Cook County Buffalo Grove
9. Letter dated 8/6/93 from Barbara Henry, Manager of the Local Tax Allocation
Division, Illinois Department of Revenue to Betty Zawergyniki, Saturn of
Libertyville.
10. Letter dated 8/23/93 letter from Barbara Henry, Manager of the Local Tax
Allocation Division, Illinois Department of Revenue to Kathleen Roubas,
Arlington Nissan in Buffalo Grove
11. Copy of Chapter 35 of the Illinois Compiled Statutes, Paragraph 120,
Section 2-10
12. Copy of Chapter 35 of the Illinois Compiled Statutes, Paragraph 120,
Section 3
13. Preliminary Development Drawing dated 10/30/92, revised 10/28/93 (drawing
shown on easel)
14. Photometric Drawing dated 5/19/93
15. Line of Site Drawing dated 5/19/93 from south to north
16. Line of Site Drawing dated 5/19/93 from west to east
17. Preliminary Engineering drawing dated 7/8/93
18. Photometric Drawing dated 5/19/93, as revised 8/30/93
19. Petition by parties in Chatham area who do not object to the proposed
dealership
Mr. Schwartz reviewed the zoning on the surrounding properties, as well as the
proposal of the petitioner.
Ron Coppolino made a presentation speaking to the site plan, architecture,
engineering, landscaping and traffic, during which he referred to the Site Plan.
In answer to a question from Trustee Braiman, Mr. Coppolino stated that the
lights described would be equivalent to a 40W light bulb.
Trustee Reid stated that he does not want to see lighting similar to the Nissan
dealership across the street.
Rolf Campbell made a presentation speaking to land use, zoning and the site plan;
he stated that he believed the proposed dealership is the highest and best use
for this property; the property should meet in broad terms at least three
separate criteria:
• The property must be physically suitable for the development proposed
• It must be an economically feasible use
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• It must be legally permissible
Some determining factors as to whether or not the use is granted are:
• Suitability and compatibility of the site
• Enhanced property values
• Health, safety and welfare
• Hardship
• Developability
• Highest and best use
In answer to a question from Trustee Braiman, Mr. Campbell stated that he
believes the most significant factors are the facts this site is a part of the
Dundee Road Corridor (all properties along Dundee Road from Route 53 east to
Milwaukee Avenue), the compatibility of the site, and the benefits to the
property owner and the community.
President Mathias asked Mr. Campbell as to why he believes the adjacent
residential property values will remain stable; Mr. Campbell cited properties he
had studied where there was not a decrease in property values.
Trustee Reid stated that he disagrees with the definition of the Dundee Road
Corridor going from Route 53 to Milwaukee Avenue.
Dan Wolf made a presentation speaking to the issues of tax analysis, tax impact,
and the revenue to be generated by the proposed dealership. Mr. Wolf referred
to Exhibits 7 through 12 previously mentioned by Mr. Schwartz.
Mr. Rohrman made a brief presentation speaking to the expected sales from the
proposed dealership, and explained, in answer to a question from Trustee Kahn,
the geographic area from which they expect to draw their customers.
Mr. Schwartz stated that their presentation is concluded; they are asking for
adoption of the proposed ordinance; they are asking for no variations.
Betty Jamison, Mill Creek resident, stated the 245 spaces for display automobiles
will most likely be changed frequently, thereby generating much traffic.
Ron Defoe, 745 Weidner, stated that the Chatham neighbors signed a petition
stating that they are against the proposal; they do not want an increase in
traffic; they do not want an increase in noise or air pollution; they are asking
the Board to vote against the proposal.
Mr. Schwartz stated that the petitions were not received by the developer or
himself. The petitions were then presented to Mr. Schwartz; he stated that, by
accepting the petitions from Mr. Raysa, he and his client are not waiving the
obligation pursuant to the statute concerning service of petitions.
Trustee Braiman asked how long Mr. Rohrman has been an owner of the property;
Mr. Schwartz stated that Mr. Rohrman took title to the premises in calendar year
1989 with B-3 zoning with office buildings.
George Krug, 297 St. Mary's Parkway, stated that this piece of property was
originally zoned for office development; the residents that purchased the
surrounding property were given the impression that they would live next to
office development; he believes the Village would be doing a disservice to the
residents to change the zoning; he questioned what could be put on that property
if the car dealership were to go out of business.
Martin Silbernik, 870 Dorncliff, Chairman of the Plan Commission, pointed out
that Mr. Campbell stated at the Plan Commission that, at no time, had he
appraised or sold or been a real estate broker, and was not qualified to give
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depreciation or appreciation values of property; however, he stated tonight that
property values would not decrease if the proposed dealership were built.
Richard Heinrich, 1222 Green Knolls, stated that he is in favor of the
development; he believes it is the highest and best use, and will be of lesser
impact on the residents than an office building; he believes an office building
will generate more traffic; he believes the amount of revenue generated will
benefit the residents of the community; he urged the Board to vote affirmatively.
Mike Samuels, agreed with Mr. Heinrich's comments; he believes the revenue is
needed to continue to provide the quality services delivered by the Village; he
stated that the traffic consultant for the Village indicates that the office
buildings would generate more traffic than the proposed dealership.
Diana Hooghkirk, 891 Beechwood Road, believes that the Saturn dealership would
be an intrusion on her property; she believes Weidner Road is a neighborhood
street, not a major collector street; Weidner Road and Dundee Road has a great
deal of traffic at this point, and this would greatly increase in the mornings
when customers bring their cars in for service, and also on Saturday mornings
when customers would be shopping for automobiles; since Mr. Rohrman's Nissan
dealership does not abide by Village rules with regard to parking and test
driving on residential streets, she does not believe that the Saturn dealership
would abide by the rules either; she thanked the Plan Commission for the work
that they did with this proposal; she stated that Dundee Road in Buffalo Grove
has a much different look than it does in neighboring communities; she urged the
Board to uphold the decision of the Plan Commission.
A resident of 924 Crofton Lane stated that he is definitely against the proposed
dealership.
Linda Cooper, 565 Vernon Lane supports the decision of the Plan Commission; she
questioned the purpose of having a Plan Commission if their decisions are to be
overturned.
Eleanor Hesse, 787 Beechwood Road, stated that she believes this is a qualify of
life issue; she believes the individual tax impact is minimal; she stated that
the current zoning allows for several pages of possible uses, and she does not
believe that it is necessary to change the zoning for the property to be
developed; she stated that Mr. Rohrman purchased this property for a reduced
price.
Joanne Meyerhoff, 430 Weidner Road, stated that when she purchased her home,
Weidner Road did not even go through to Dundee Road; the property in question is
right next to the high school, and customers would be bringing their cars in for
service in the morning at the same time that students are going to the high
school, thereby creating a safety issue; regarding the tax impact, if the tax
valuation drops, then the tax revenue would also drop; she urged the Board to
stick with their integrity and let residents continue to trust them.
Morton Kaplan, attorney representing Chatham East and Chatham Place, stated that
the residents are very concerned that the proposed development will have an
adverse impact on the residential character of those developments; the
surrounding zoning on the north side of the street is residential; he asked the
Board to remember how the property looked when the Nissan dealership temporarily
stored their vehicles on this site.
Jeff Caesar, 1005 Crofton, stated that the safety of children would be endangered
by customers test driving the automobiles; he believes this is a safety hazard.
A resident of 894 Stratford Circle, stated that she chose to purchase a home in
Chatham because of the qualities surrounding the area; regarding the promises as
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to lighting, noise, etc. made by the developer, she questioned who would be
responsible for seeing that those promises are kept.
Mary Elias stated that he is opposed to the development; he believes this is a
good plan, but in the wrong place; he does not believe an automobile dealership
belongs next to the high school athletic fields; he went to the Nissan dealer and
test drove a car and the salesman informed him that they were allowed to drive
on any street in the area.
A resident of 1024 Beechwood Road stated that, because there is residential on
the other three corners and the school next to the property, a car dealership on
this site would be inappropriate.
Jose Hernandez, Chatham East, asked that the Board keep the people in mind that
have attended all the meetings, even though they may not speak.
Ben Pomeranz, 773 Weidner, asked the Board for protection for the value of his
property; he asked that there be a contingency plan to protect homeowners against
possible loss; he asked that the Board heed the Police Chief's comment that the
berms might endanger the line of site.
Charles Vandervennet, attorney representing the Chatham property owners, stated
that the petitioner is asking to enhance his property value; even though there
would be a tax benefit, there are other important factors; an automobile
dealership is nowhere near the atmosphere of an office complex; the rezoning
opens up many other types of uses for this property; he urged the Board to reject
this proposal, and asked for a super majority vote.
Mr. Schwartz stated that he respects the fact that this is an emotional issue for
those who have spoken; he anticipates that the Board will make its decision on
the facts that have been presented; he urged the Board to pass the ordinance.
Mr. Raysa stated that the current motion on the floor pertains to the ordinance
approving a Preliminary Plan and rezoning from the B-3 Planned Business Center
District to the B-4 Business Services and Wholesale District, Village of Buffalo
Grove, Cook and Lake Counties, Illinois, Rohrman Saturn Automobile Dealership,
Northwest corner of Dundee Road/Weidner Road, which is dated 10/29/93 in the
upper left-hand corner.
Regarding the petitions filed with the Village Clerk, he does not believe that
they distinguish between Category 2 and Category 4 regarding 20% of the adjacent
property owners; it is his opinion that the petitions do not meet the
requirements of Section 11.13.14, and therefore, no super majority vote is
necessary on the ordinance; the ordinance would take four (4) votes to pass.
Regarding his opinion, Section 11.13.14 of the Illinois Municipal Code requires
the 20% objection petition to be signed and acknowledged; the current petitions
are not acknowledged; the applicant and the applicant's attorney are required to
be served with the petitions by certified mail, which was not done. It is also
his opinion that the petitions are not signed by the owners of Category 2 (20%
of adjoining frontage), nor the owners of Category 4 (20% of frontage directly
opposite) . Mr. Raysa believes that both petitions fail to meet the requirements
of Section 11.13.14. The ordinance requires concurrence of the majority of the
Corporate Authorities or four (4) votes.
Mr. Schwartz stated that neither of the petitions were served to the attorney nor
the petitioner, and that by acceptance of these petitions tonight, they do not
waive the statutory requirements for service.
Mr. Kaplan stated that, with respect to the statutory procedure, according to
Village ordinance, the only requirement for service of petitions is with the
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Village Clerk.
President Mathias stated that he believes that the benefit of the doubt should
be given to the surrounding residents, and he rules that it will take a 2/3
majority of the Trustees to pass the ordinance, which means that four (4)
Trustees must vote affirmatively.
Trustee Kahn stated that he was originally opposed to the development of this
property when two car dealerships were planned; he believes the current proposal
is possibly the best use for this property, balancing the interests of those
residents living nearby, as well as residents of the entire community; he
believes that this is as good a plan for this parcel as it is going to get.
Trustee Reid stated that he does not view the area from Route 53 to Milwaukee
Avenue as one entity; he believes the Village can control the way they want to
see its section of Dundee Road developed; he believes the Plan Commission vote
to be one of the most persuasive factors; the Village Board cannot get into the
depth that the Plan Commission can; he is very reluctant to vote against one of
the Village committees or commissions; compatibility of use is an important
factor to be considered, with only 50' of the circumference of the property
adjacent to commercial; he thinks this is a gross intrusion to be developed at
this level of use; it is currently zoned for the B-3 use, which was established
in 1980, and the use has been affirmed in the Master Plans which have since been
adopted; the current Zoning Map has been affirmed by this Board, with the full
knowledge of the proposed use for this property; the use along Dundee Road in
Buffalo Grove is primarily residential, particularly along the north side of
Dundee Road; he does not believe changing the use would be in the best interest
of the community.
Trustee Braiman disagreed with President Mathias regarding the petitions and the
vote, although in this case it does not make a difference, since four votes are
required and he does not believe that there are four Board members who will vote
affirmatively; he agrees with Trustee Kahn's comments, and believes the factors
must be balanced for the entire community; he believes that the fact that there
are already three automobile dealerships across the street make the use
compatible. Regarding the Plan Commission decision, he pointed out that the Plan
Commission is a recommending body, and in this case, he believes it is in the
best interest of the entire Village to approve this development.
Trustee Hendricks agreed with Trustee Reid's comments; he does not believe the
developer has established a community need for the proposed use; he does not
believe the tax revenue is a necessity for the Village of Buffalo Grove.
Upon roll call, Trustees voted as follows on the motion:
AYES: 2 - Kahn, Braiman
NAYS: 2 - Reid, Hendricks
ABSENT/RECUSE: 2 - Marienthal, Rubin
Motion defeated.
President Mathias declared a recess from 10:38-10:49 P.M.
CAR WASH/SALE DEVELOPMENT
The applicant for the proposed car wash facility at Woodland Commons west of the
Condell Acute Care Center has asked that this matter be tabled until the next
Board meeting, which will be November 15, 1993 at Chipper's Restaurant.
ORDINANCE #93-88 - TAX INCREMENT REDEVELOPMENT PLAN
Moved by Kahn, seconded by Braiman, to pass Ordinance #93-88, amending Ordinance
#86-92 and approving the Amended Tax Increment Redevelopment Plan and
ICI
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Redevelopment Project for the Town Center District Tax Increment Redevelopment
Project Area.
Mr. Brimm made a brief presentation to the Board, details of which are contained
in his memo to Mr. Balling of October 20, 1993.
Trustee Reid read the following statement from Trustee Marienthal:
"I would prefer deferral of this item. I am not satisfied there has been
sufficient public input from the general public on the TIF issue, nor do I
believe the proposal has been approved by all the taxing bodies."
Mr. Brimm stated that all taxing bodies have been notified by certified mail;
they were never left out of the process.
President Mathias asked if there was a motion to table; there was none.
President Mathias stated that voting affirmatively on this ordinance does not
bind the Board to vote affirmatively on ordinances which would come up at
subsequent meetings.
Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Khan, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
ADJOURNMENT
Moved by Kahn, seconded by Braiman, to adjourn the meeting. Upon voice vote, the
motion was unanimously declared carried. The meeting was adjourned at
10:57 P.M.
01,14:rift . 2,0AHIP4 ,)
Jan M. Sirabian, Village Clerk
APPROVED ME THIS
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