1976-06-28 - Village Board Regular Meeting - Minutes 4616
6/2 8/76
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY,
JUNE 28, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE,
ILLINOIS.
President Fabish called the meeting to order at 8:05 P.M. Those present stood
and pledged allegiance to the Flag. The Clerk called the roll and found the
following:
PRESENT: President Fabish; Trustees Mahoney, Rech, Bogart, Carroll , Marienthal .
Trustee Driscoll arrived at 8: 15 P.M.
Also present were Daniel Larson, Village Manager; Richard Raysa and William
Raysa, Village Attorney; Arnold Seaberg, Village Engineer; Charles McCoy,
Director of Public Works; and William Whited, Administrative Assistant.
1 . Minutes of June 21 , 1976
Moved by Mahoney, seconded by Rech to approve the minutes of the regular
meeting held June 21 , 1976, as published.
Referring to the Price Animal Hospital rezoning, Trustee Bogart asked if the
staff had determined if an animal hospital is a permitted use in B-1 zoning
district. Mr. Larson stated that he has found that it is.
Referring to page 4614, paragraph 3, Trustee Rech requested that Mr. Raysa 's
entire statement regarding Trustee Carroll 's news column be included.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Bogart , Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried with addition noted.
2. President 's Report
Resolution #76-21
President Fabish read Resolution #76-21 recognizing Stanley Haarr for the time
and effort he has devoted to Buffalo Grove. Moved by Rech, seconded by Bogart
to approve Resolution #76-21 . Upon voice vote, the motion passed unanimously.
President Fabish presented Mr. Haarr with a plaque.
Glaucoma Week
President Fabish proclaimed the week of June 28, 1976, as Glaucoma Week in
Buffalo Grove.
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3. COMMITTEE OF THE WHOLE
Grand Spaulding Dodge/Public Hearing
President Fabish read the Notice of Public Hearing which appeared in the
Buffalo Grove Herald on June 14, 1976. Subject of the hearing is a petition
to rezone 12.5483 acres currently zoned R-9 Special Use to B-4 commercial .
Applicant is Leonard Krause of Grand Spaulding Dodge as owner of the property.
Common description of the property is approximately 16 acres east of Old
Arlington Heights Road and south of Dundee Road.
The President called the public hearing to order. He then swore in Leonard
Krause, President of Grand Spaulding Dodge; Edward A. de Laurier, real estate
appraiser; and Timothy D. Sullivan , real estate appraiser; who were present
to give testimony.
Howard Alterman , attorney representing the petitioner, displayed the site plan
(Petitioner's Exhibit 2) , prepared by Ron Schwartz of Pence-Schwartz and
Associates Incorporated dated June 14, 1976.
Mr. Alterman stated that after the Plan Commission public hearing, he was
informed that one of the Commissioners lives in the Mill Creek subdivision.
He felt it was unusual that the person had not identified his proprietary
'correction interest in the property. * President Fabish stated that members of committees
and commissions have to be residents of the Village; therefore, he did not
know how valid the statement is. It was noted that no member of the Village
Board lives in Mill Creek.
*Trustee Bogart took issue with Mr. Alterman's remarks
Trustee Driscoll arrived. and
Mr. Alterman stated that Grand Spaulding Dodge presently exists on land at
the southeast corner of Dundee and Old Arlington Heights Road. The dealer-
ship is presently using 5 acres with 2.958 acres south of the creek not being
used but zoned B-4. Recently Grand Spaulding became the owner of 16 acres of
vacant property which is contiguous to the presently owned property. The
property in question fronts on Dundee Road and runs almost to the Mill Creek
subdivision. On the south, it borders the Mill Creek Apartments. Based upon
the rapid expansion of business, the decision was made that additional land
was needed for future development. He said that Mr. Krause feels that the
revenue he can generate in Buffalo Grove will enhance the value of the homes in
the community and help the Village as a source of income.
Mr. Alterman stated that the original concept presented to the Plan Commission
contained a 3.35 acre park. The Plan Commission was concerned with access to
the park, with removal of a large mound of dirt , and with use of the proposed
park. A representative of the Park District testified at the Plan Commission
hearing that a park could be utilized on this property, but it could not
accommodate a swimming pool or tennis courts. Mr. Alterman stated that his
expert witnesses could testify that an olympic size pool or tennis courts
could be put on the property if there is need for it. The original concept
has been revised to include a 4.05 acre park. Mr. Alterman and Mr. Krause
have met with Robert Ford, representative of a group of investors with an
option to purchase the property to the south, with regard to obtaining access
to the park site. Mr. Ford advised that if their purchase were consumated,
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he would consider strongly and favorably to giving an easement for a bike
path, street , or sidewalk through the Mill Creek apartment complex to the
park site. Parking for 20 cars is provided on the north part of the park
site. Access to the park site from the north is available from Dundee Road.
Mr. Alterman stated that if approved, Mr. Krause will have a topographical
study made, and if they find the dirt on the park site is usable, it will be
moved to Grand Spaulding's site, but if it is worthless dirt, the park site
will be donated in its present state.
\../ Mr. Alterman stated their present goal is to expand the display area along
Dundee Road (one acre) . Future plans included constructing another building
off of the existing structure (Phase II) and a future building (Phase III) .
The building would be in conformity with all Village Ordinances in effect at
the time and will be constructed when money is available.
Referring to the site plan , Mr. Alterman stated that the building marked
Phase III was placed there for the sake of discussion purposes only.
Mr. Alterman said the 3. 34 acres of land fronting on Arlington Heights Road
and zoned R-9 is not part of the rezoning petition. It was purchased for
investment purposes. If the Village would like to purchase the property, Mr.
Krause would be willing to listen to any reasonable offer, but he would not be
willing to trade it for the 4.05 acre site.
Mr. Alterman stated that according to the expert witnesses, there would be
no diminution in value of the homes in the Mill Creek subdivision. If any
diminution would occur because of Grand Spaulding, it already has occurred
with the construction of the existing structure. He said that home values
have increased.
Mr. Alterman displayed a chart listing by month Grand Spaulding's gross sales,
taxable sales, and revenue to Buffalo Grove (Petitioner's Exhibit 1) . From
April to December, 1975, revenue to the Village was $67,797 and for the first
five months of 1976, revenue to the Village was $46,984. It was projected that
revenue to the Village for all of 1976 would be $112,800. He said that Mr.
• II . '
Krause predicts that witiin one or two years, revenue �� . o e e ve
from sales tax at Grand Spaulding will double, triple, or quadruple.
Mr. Alterman stated that Grand Spaulding has employed many Buffalo Grove
residents. If the operation is expanded, more jobs will be available.
Mr. Alterman noted that they are not asking for new business on Dundee Road,
but rather that they want to expand an existing business. He then displayed
photographs (Petitioner's Exhibit 3) of existing business on Dundee Road.
He said that 85% of the development of Dundee Road is commercial . He felt
that the highest and best use of the 16 acres is commercial .
Mr. Alterman reiterated that they are requesting commercial zoning for 8.5
acres, donation of 4.05 acres for park use, and no change in zoning for the
3.34 acres fronting on Arlington Heights Road.
Mr. Krause stated that he owns the property in question and that he has offered
to donate the 4.05 acres park in good faith. He said the approximate value of the
4.05 acres is $200,000.
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Mr. Krause referred to the Phase 3 building, and said that it makes no
difference where the building is located if and when he is ready to construct
it.
Mr. Krause stated that he is prepared to guarantee the use of the land as an
automobile agency. He said that this year, he wants to construct the blacktop
display area on one acre and construction of the other phases will depend on
business climate and finances.
Mr. Sullivan, real estate appraiser, reviewed his credentials. He displayed
an aerial view photograph of the area, dated April 29, 1975, (Petitioner's
Exhibit #4) , and a Buffalo Grove zoning map (Petitioner's Exhibit #5) . He said
that Dundee Road is the main east-west arterial road in the Village. He noted
the various parcels of land zoned commercial on the zoning map. Since February 1 ,
1976, five homes in the Mill Creek subdivision have sold for between $64,000
and $76,000 which was an increase from their original selling price. He said
that based upon traffic patterns, ability of Dundee Road to handle the traffic
patterns , and the character of adjacent property, the highest and best use of
the property in question is commercial . He said the buffering required by
zoning ordinance would have to be adhered to, and with adequate buffering,
there will be no deleterious effect on the value of Mill Creek subdivision.
In response to a question from Trustee Bogart, Mr. Sullivan stated that he
was unable to find any homes on Crofton Lane that were sold since February 1 .
Trustee Bogart noted that the increase in value of homes in Buffalo Grove
has averaged 9% per year, and asked if the homes in Mill Creek has done so.
Mr. Sullivan stated that they have,and expected that they would continue to
do so; however, he did not do a market analysis of this subdivision vs. the
balance of Buffalo Grove.
In response to a question from Mr. Alterman, Mr. Sullivan stated that as a
general rule, with good orderly development on a street such as Route 68,
there is no deleterious effect on home values.
Trustee Carroll noted that most of Mr. Sullivan's experience has been in
purchasing and developing commercial property, and asked if he had dealt in
purchase and development of single family or multi-family property. Mr.
Sullivan stated that his company does not build single family homes, but with
the popularity of P.U.D. 's in recent years , they have been involved in single
family and multi-family developments.
Mr. de Laurier, real estate appraiser, reviewed his credentials. He reviewed
the site plan (Petitioner's Exhibit #2) and the zoning and use of surrounding
property. He noted that the requested zoning and use varies from the Master
�./ Plan of the Village. In reviewing the property, consideration was also given
to Dundee Road's being a four-lane divided highway which was not the case when
the Master Plan was approved. He felt that the highest and best use for the
property would be commercial . Because of the 4.05 acre area to be dedicated
as a park which will create a 230 foot buffer between the commercial and single
family areas , it was his opinion there would not be an adverse effect to
surrounding property value. He said that studies have revealed that an
uncommitted vacant tract of land runs more suspect to prospective purchasers
than a committed use. He felt an expansion of the use would have no more effect
than the existing use as it is today, as would be the case of Dundee Road
changing from a two-lane to a four-lane thoroughfare.
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In response to a question from Mr. Alterman, Mr. de Laurier stated that the
4.05 acre park would be an adequate buffer.
Mr. Alterman stated that they have requested a B-4 zoning, but would be willing
to have B-3 with a special use.
Regarding the possibility of the Village purchasing the 3. 34 acres fronting on
Arlington Heights Road, President Fabish asked if they would be amenable to
taking the recommendation of three independent appraisers to determine the
price. Mr. Krause stated that he would commit to sell the land for the fair
market value.
Trustee Bogart asked if either appraiser present this evening would comment on
the value of the 3.34 acres. Mr. Sullivan stated that too many factors have to
be considered and could not be done "on the spot".
Trustee Bogart asked if the appraisers agreed that the 4.05 acre park site is
worth $200,000. Mr. Sullivan stated that he had not done a study on this , but
he felt the quoted price was a "ball park" figure within 10% accuracy. Mr.
Alterman stated that if the Village is interested in purchasing the 3.34 acres,
he would request an appraisal .
President Fabish stated that he would like to tie down some semblance of
committment to placement of the buildings on the site plan. Mr. Krause stated
that the building in Phase 2 would be a duplication of the existing building.
The building in Phase 3 would be used as a prep shop, but it could be attached
to the present facility when the proposed retention basin is constructed.
President Fabish asked if Grand Spaulding would allow public access through
the existing curb cut on Dundee Road. Mr. Krause stated that they would in
order to provide access to the dedicated park site.
In response to a question from Trustee Bogart, Mr. Alterman stated that they
will not construct the parking area on the park site.
In response to a question from President Fabish , Mr. Alterman stated that they
have discussed the possibility of obtaining a public sidewalk easement from the
owners of the property to the south of the park site. He said representative
of the Park District had felt the majority of people would not drive to the park.
In response to a question from Trustee Bogart, Mr. Alterman stated there is no
sidewalk extended along Dundee Road to Crofton.
In response to a question from Trustee Marienthal , Mr. Alterman stated that
the 3.34 acres fronting on Arlington Heights Road is not part of the rezoning
petition. It will remain R-9.
In response to a question from Trustee Marienthal , Mr. Alterman stated that
they would accept any zoning that would insure the use of an automobile business.
Trustee Marienthal asked if the site plan could be amended to show the Phase 3
building as an extension of the existing building. Mr. Krause agreed, so
amended, and initialed the site plan.
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In response to a question from Trustee Marienthal , Mr. Krause stated that
the southern portion of the property will be buffered with whatever is required
by the zoning ordinance.
Trustee Marienthal asked if the owner would be willing to buffer between the
commercial area and the park site. President Fabish stated that the buffer is
required by ordinance. Mr. Krause noted there will be a street along the west
edge of the park site. Trustee Marienthal asked that the street be drawn on
the site plan. The street was drawn on the plan and initialed by Mr. Krause.
In response to a question from Trustee Marienthal , Mr. Alterman stated that Mr.
Krause commits to a 12 foot buffer between the street and the park per ordinance
requirements.
In response to a question from Trustee Marienthal , Mr. Krause stated that the
creek will be tiled from Dundee Road to the retention basin.
Trustee Rech asked why there could be no trade of the 3.34 acres for the 4.05
acres. Mr. Krause stated that he wanted the buffer zone between the community
and the business. Mr. Alterman stated that the 3.34 acres is more attractive
as an investment because it fronts on Arlington Heights Road.
Trustee Rech stated that during the Plan Commission hearings, the 4.05 acre
site was valued at $100,000 and tonight it has been valued at $200,000. Mr.
Alterman stated that the minutes of the Plan Commission are inaccurate. Trustee
Rech stated that she had attended the Plan Commission hearing and heard the
$100,000 figure.
Trustee Rech stated that the extension to the south of the existing building
could be built without Board approval because it will be on the property
already zoned B-4.
Trustee Rech asked who owns the two vacant lots on the northern part of Crofton
Lane. Mr. Krause stated that they are owned by Miller Builders , but they do not
wish to sell them.
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adequate retention on the property.
Trustee Rech asked if the owner would be willing to adhere to the site plan and
if there should be any change in the proposal , it would have to be with Board
approval. Mr. Alterman stated that they would commit to it with one qualifica-
tion. Mr. Krause stated that the qualification is that the Phase 2 building
would not connect to the existing structure. Trustee Rech asked that this
change be drawn on the site plan. Mr. Krause initialed the change. At Trustee
Rech 's request, Mr. Seaberg examined the site plan and stated that he saw no
problem with drainage or utilities.
In response to a question from Trustee Rech, Mr. Alterman stated that Grand
Spaulding Dodge will construct the road along the park site, give the Village
a public access easement at the time construction is undertaken on the Phase 2
building, and the road will be constructed to Village standards.
In response to a question from Trustee Rech, Mr. Krause stated that they have
sidewalks along their existing property and will extend it to the existing curb
cut just west of the proposed park site.
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Trustee Rech did not think that extending an existing commercial use has the
same effect as granting a new use. She said there have been other deviations
from the Master Plan in the past. She did not think extending this use would
have an adverse effect on the Happ farm which is located across Dundee Road
from the property in question. She felt that each development in Buffalo Grove
should be considered on its own merits.
In response to a question from Trustee Bogart , Mr. Raysa stated that instead
of granting B-3 zoning with a special use, he would prefer a covenant restricting
the use to an automobile dealership. Mr. Alterman agreed to a covenant.
Plan Commissioner Steve Goldspiel stated that the Plan Commission voted
unanimously against the motion to approve the proposal . He said the Plan
Commission took into consideration that Grand Spaulding is an important exist-
ing business in the Village and also that the homeowners abutting the property
purchased their homes in reliance upon a plan which called for the property in
question to be multi-family residential . He noted that Dundee Road is not the
typical State highway because it is tree-lined with a landscaped median. He
said that Dundee Road is not predominately commercial at the present time.
At the time the Master Plan was adopted, there was knowledge of Dundee Road
being four-lane and there was considerable discussion regarding Dundee Road
being commercial and it was decided otherwise. He said the Plan Commission
discussed the usability of the proposed park donation and its topographical
character and the conclusion was that it is not an ideal park site. He said
this is not a minor expansion of an existing use because the frontage would be
more than doubled. He said there is a question about the viability of the
remaining parcel of residentially zoned property if this portion is rezoned.
He said there is question if there would be adequate access to the park site.
If there is not restriction placed on the property, the Board should consider
all the other uses in B-4 zoning.
10:00 P.M. - The President declared a recess.
10: 10 P.M. - The meeting resumed.
President Fabish stated that he has received 8 letters opposing the rezoning
and 2 letters and 1 petition (35 signatures) favoring it.
Bill Kiddie of the Buffalo Grove Park District presented the Park District 's
position concerning the proposed park donation as outlined in his letter of
June 28, 1976. The Park District will continue to seek good land within the
Mill Creek area with the intent to provide a neighborhood park. They will
work with the Village, the developers, and the homeowners to secure available
land. They are interested in the land offered by the developer; however, the
question is largely one of a commercial nature and the park is a small part of
a larger whole. During discussions with the developer, the Park District has
expressed concerns about apparent lack of adequate internal access and the site
being in close proximity to single family homes limiting the ultimate develop-
ment potential . If the petition is approved, the resulting donation would be
the subject of a detailed discussion among the Park District, the Village and
the homeowners which would lead to development plans. The development plans
would be placed before the voters as part of a future referendum.
John MacDonald, 811 Essington, referred to tax revenue that would be derived
from the expansion of Grand Spaulding and felt that anytime there is a decision
to be made by the Board that would give the taxpayers a break, it should be a
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serious consideration. He felt that if a referendum were held to gain a four
acre parcel of land at the same time reducing taxes, the people would vote in
favor of it. He felt the intent of the petitioner is beyond reproach. Referring
to the Master Plan, he felt that times change, and the Board should do what is
best for the entire community. He did not feel the Mill Creek residents would
get a more explicit donation to their community and felt they should take this
opportunity. He felt the Board should seriously consider passing this proposal
on behalf of the majority of citizens in Buffalo Grove for tax revenue, for
growth of the community, and for future business expansion.
In response to a question from Trustee Bogart, Mr. MacDonald stated that he is
not the author of the petition sent to the Board. Trustee Bogart stated that
he called twelve of the people who signed the petition and found that two were
employed by the petitioner.
Dick Reid, 990 Crofton Lane, asked the real estate appraisers if they had
surveyed homes backing up to an automobile dealership with regard to the
effect on value of the homes. Mr. Reid quoted the President of Morton and
Mayberry Realtors as written in the Buffalo Grove Herald that homes next to
industrial or commercial property take longer to sell . He said two realtors in
Buffalo Grove had agreed with this comment. Mr. Reid stated that at the Plan
Commission meeting Mr. Alterman stated they had no intention of adding on to
the building or construction of an additional building at this time, but tonight
he has said that they plan to expand immediately.
Mr. Sullivan stated that with proper buffering on the east and south, there
will be no detrimental effect on values.
Mr. Reid asked what the proposed use of the open land would be. Mr. Krause
said that, in the future, it would be a staging area for inventory. Mr. Krause
noted that the agency will be 600 feet from the homes.
Mr. Reid stated that the Plan Commission turned down the proposal because the
park land would be a passive park with poor access and because a detailed plan
was not presented. He felt the land should remain residential because it is
called for in the Master Plan.
Barbara Floyd, 923 Greenridge, spoke in opposition to the petition for the
following reasons: 1) park is not "up to snuff", 2) question about top soil ,
3) Plan Commission did not approve, 4) no shields around the lights, 5) service
street is a bone of contention , 6) it will have an adverse effect on the entire
community.
Jerrold Orloff, 1100 Crofton Lane, opposed the rezoning. He asked if the
area were developed as residential and improved with apartments as zoned,
would the Village realize the same in property tax as would be realized in
sales tax from Grand Spaulding. President Fabish noted that residential areas
require more services from the Village making the question difficult to answer.
Mr. Orloff stated that no local experts have testified to the effect this
proposal would have on the homes. He felt that once B-4 zoning is granted,
any of the permitted uses could be placed on that property. He noted that in
1971 , when the B-4 zoning was granted, concern was expressed with regard to
the lighting and it was decided that adequate screening would be provided. He
said that people moving to the area desired a residential setting as presented
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in the Master Plan. He said that the only specific proposal that was made to
the Plan Commission was for an extension of the parking area along Dundee Road,
everything else was listed as tentative.
William Brown of Grand Spaulding Dodge stated that he would like to hear con-
structive and positive comments from the people of Buffalo Grove with regard to
what they would like in the area in question.
Edward Griffiths, 217 Selwyn, agreed with Mr. MacDonald 's comments.
Ed Le Blanc, 1125 Mill Creek Drive, asked how many dealerships are located
within five blocks of Grand Spaulding. Mr. Krause said there are three. Mr.
Le Blanc said that he moved to Buffalo Grove to get away from "neon city" with
used car lots and block-long dealerships. He said the lights from Grand Spaulding
are offensive to the Mill Creek subdivision and with the addition of more lights,
it will become more offensive. He felt that car dealerships gather together.
Mr. Krause said that in the summer, the lights are on between 8:30 P.M. and
10:30 P.M. and only two night lights which are 900 feet from the residents are
on for security reasons. In the winter, lights are on from 5:30 P.M. to 9:00 P.M.
level . He said the landscaping of Grand
He also noted that their sign isgroundv
9 P 9
Spaulding is far superior to that of Chalet Ford or Sullivan Pontiac.
Seymore Ferdman , General Manager of Grand Spaulding Dodge, stated that their
lights are controlled to alleviate the propblems with Mill Creek. He said
the company has never shirked any responsibility the Village has asked of them.
He asked the Board to let them expand the current operation in order to do more
business and grow with the Village.
Commissioner Goldspiel stated that Chalet Ford and Sullivan Pontiac are not
in Buffalo Grove.
Joel Basil , 886 Saratoga Lane, said that it seems that the Mill Creek area is
an orphan of Buffalo Grove because anything that is developed is north of
Dundee Road. He said the retention area is not a proper place for the children
to play. He hoped that the Village would see its way clear to purchase land to
add on to the 4.05 acre donation.
In response to a question from Trustee Carroll , Mr. Krause stated that between
60 and 70 cars could be on display on the proposed one acre paved area. Currently
between 20 and 25 cars are on display.
Trustee Carroll asked what the tax revenue would be if the area were developed
multi-family. Mr. Whited stated that he would check into this. Mr. Alterman
stated that Grand Spaulding is one of the top two sources of sales tax to the
Village and one of the top three sources for real estate tax revenue.
In response to a question from Trustee Carroll , Mr. Krause stated that all
new cars are prepared in Chicago and the only prepping that will be done in
Buffalo Grove is delivery preparation.
In response to a question from Trustee Carroll , Mr. Krause stated that the
staging area would be paved and hold between 100 and 200 cars.
In response to a question from Mr. Reid, Mr. Krause stated that they have no
plans to close their Chicago operation.
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In response to a question from Mr. Reid, Mr. Krause stated that the new building
will handle Chrysler products.
In response to a question from Trustee Marienthal , Mr. Krause pointed out all
areas that will be paved now and in the future.
Trustee Rech asked Mr. Krause if he understands that if Exhibit #2 is to be
the site plan, the staging area will have to receive Board approval . Mr.
Krause indicated that he understood.
In response to a question from Trustee Marienthal , Mr. de Laurier stated that
he does not have an estimate of the value of the land.
Stan Haarr, 221 Anthony, asked what the underlying zoning would be for the park
site. President Fabish stated that it would be R-l .
II
In response to a question from Trustee Mahoney, Carl Genrich, Chairman of the
Plan Commission, stated that he favored the proposal . He felt it is the best
use for the land. He said the area has been zoned for apartment use for a
long while, and if that had been a better use, there would have been more
proposals submitted.
Trustee Mahoney asked if Mr. Krause owns the property unconditionally and
absolute. Mr. Alterman stated that his client owns the property with no
reverter if the zoning is not granted.
11 :00 P.M. - President Fabish closed the public hearing.
Trustee Carroll stated that she opposes any possible change from multi-family
zoning on this land. Several months ago the Board rejected a multi-family plan
because it was not the type of multi-ownership the Board preferred. She could
not justify a commercial development that would put in approximately 60 to 70
cars along Dundee Road and a possibility of another 100 to 200 cars in a
proposed staging area adjacent to a proposed park site which would be adjacent
to a residential area. She favored a park site in Mill Creek, but she did not
favor this proposal . She felt if this development were approved as commercial
thus changing the current R-9 zoning, the Board must face the fact that Lake-
Cook Road and Arlington Heights Road will also be four-lane divided highways.
She felt that this could open the possibility of rezoning requests for property
along those roads.
Moved by Carroll , seconded by Marienthal (for discussion purpose) to reject
the proposal to rezone the property in question from R-9 to commercial zoning.
Trustee Mahoney preferred the motion to be stated affirmatively.
President Fabish felt the 230 foot buffer strip (park site) will protect the
property owners in the area , the Village will receive additional income, and
the existing facility has good landscaping. For these reasons, he favored
the petition.
Trustee Mahoney felt there are solid arguments on both sides of the question.
He felt that Grand Spaulding is a good corporate citizen of the Village; however,
they purchased the property knowing the zoning was not commercial and that
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commercial would be contrary to the Master Plan. He accepted the expert testi-
mony that commercial was the highest and best use and that there would be no
diminution of property values. He felt it was important to preserve the
residential character of Dundee Road which was the heart of the Master Plan ;
therefore, he would vote against the petition tonight. He said he does not
like the motion as it stands because he felt the petitioner is entitled to an
affirmative motion.
Trustee Bogart stated that even though he has never supported the Master Plan
in its entirety, he has favored as much residential as possible on Dundee Road.
Trustee Driscoll agreed with Carl Genrich with regard to commercial being
the best use for the property. He also saw the need for a park in that area.
Trustee Rech stated that she contacted four realtors in the Village to determine
the effect this development would have on the homes in Mill Creek and found that
the biggest "hang-up" to selling a home is a very busy highway. She also
learned that it takes longer to sell a home abutting commercial property but
generally there would be no loss in property value. They also told her there
is little difference between abutting commercial and abutting multi-family.
She said she contacted several people in Mill Creek and found that , under the
circumstances, they did not feel this expansion would be a problem. She did
not feel an expansion of an existing business would have the detriment that
commercial strip zoning would have. She said there have been deviations from
the Master Plan in the past. She felt the park site is important. She felt
the Board has an obligation to obtain more park land for the Mill Creek area
because she was not sure the citizens would pass a referendum to secure a park
for that area. She felt the tax revenue has to be considered. For these
reasons, she did not object to the proposal ; however, she would have opposed
it without a site plan. She felt if the site plan had been presented to the
Plan Commission, their vote, might have been different.
Trustee Marienthal felt the developer should have given a more specific site
plan ; therefore, he would vote against the proposal .
Mr. Krause stated that he could not be more specific because it depends on
business. He said if the people do not want the park, he does not have to give
it to them. He said if the land remains R-9, he can sell the land for apart-
ment development.
President Fabish was concerned that this might be the last opportunity to
obtain this park site. He felt if the proposal is rejected, there will be no
park site for that area at all .
Upon roll call , the vote was:
AYES: 1 - Carroll
NAPES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal
Motion declared defeated.
Trustee Bogart stated that in the best interest of the entire Village, he will
change his position to favor the proposal .
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Moved by Rech, seconded by Bogart to approve the request to rezone the land
located on the southeast corner of Dundee and Old Arlington Heights Road and
direct the Village Attorney to prepare the proper documents. The zoning is to
be B-4 with a special covenant making certain that only an automobile dealership
will be allowed to be located on the property and if there are any deviations
from the site plan presented tonight (Petitioner's Exhibit 2) , the developer
will have to come before the proper Village authorities. The 4.05 acre park
land will be designated as R-1 and used for a park.
Trustee Carroll did not understand the reason Trustees voted against the
Previous motion after they had indicated they opposed the proposal . Trustee
Marienthal said the petitioner should have the opportunity to have an affirmative
vote on the proposal . Trustee Mahoney said the motion was procedurally wrong.
Upon roll call , the vote was:
AYES: 4 - Rech, Driscoll , Bogart, President Fabish
NAYES: 3 - Mahoney, Carroll , Marienthal
Motion declared carried.
Mr. Raysa stated that Statutesprovide that if 20% of the abuttingproperty
P P Y
owners file a written petition objecting to a rezoning petition, a 2/3 vote
of the Trustees is required. Trustee Mahoney stated there were no petitions
against the proposal. In response to a question from Mr. Reid, Mr. Raysa
stated that letters were not acceptable, a sworn petition is required. In
response to a question from Trustee Rech, Mr. Raysa stated that the petition
should have been presented to the Village Clerk prior to the close of the
public hearing.
Police Pension Fund Report
Mr. Larson reviewed the State of Illinois Report of Examination of the Buffalo
Grove Police Pension Fund as of April 30, 1975. He said that points in the
report have been brought to the attention of the Police Pension Board.
Moved by Bogart, seconded by Marienthal to accept the Police Pension Fund
Report of Examination.
Trustee Rech was concerned that there were qualifing statements with regard
to the Fund and asked how this can be rectified. Proper records and meetings
were part of the qualifications. Mr. Larson was aksed to bring these items
to the Police Pension Board 's attention.
Mr. Larson referred to page one and noted that the amount of tax levy required
and provided in the new Tax Levy Ordinance will be $34,510.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
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6/28/76
Fourth of July
President Fabish reviewed a letter from Charles Bentley, Buffalo Grove Jaycees,
and Barbara Sheldon, President of the Bicentennial Commission, dated June 25,
1976. Regarding the July 4 celebration, they requested the Village to guarantee
losses over and above the $2,000 donated by the Jaycees and Bicentennial
Commission due to weather or other unanticipated problems.
Trustee Bogart stated that the Village donated $800 for the celebration last
year, but he did not feel additional tax money should be spent for this project
this year because he did not feel they need the money.
Moved by Rech, seconded by Mahoney to approve the request to guarantee losses
over $2,000 but not to exceed $800. Upon roll call , the vote was:
AYES: 4 - Mahoney, Rech, Driscoll , Marienthal
NAYES: 2 - Bogart , Carroll
Motion declared carried.
Aspen Ditch
Trustee Carroll asked the status of the Aspen Ditch. Mr. McCoy stated that he,
Mr. Seaberg, and Mr. Sleek have an appointment to inspect the work on Tuesday,
June 29. Trustee Carroll requested a report at the next meeting.
Village Treasurer
President Fabish appointed Nick Rubino Village Treasurer to be effective upon
receipt of Mr. Shirley's resignation. Moved by Bogart , seconded by Rech to
concur with the President's appointment. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Housing and Services
Trustee Rech referred to a report received from the Police Department comparing
different types of housing and the number of Police calls and complaints received.
She requested a supplement showing data regarding actual criminal complaints
rather than nuisance calls. Trustee Bogart requested a break down on juvenile
complaints.
Executive Session
Moved by Marienthal , seconded by Rech to adjourn to executive session to
discuss personnel . Upon voice vote, the motion passed unanimously.
Time: 12:00 Midnight
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6/28/76
Adjournment
Moved by Marienthal , seconded by Mahoney to adjourn the meeting. Upon voice
vote, the motion passed unanimously.
Time: 12:25 A.M.
Respectfully submitted,
Verna L. Clayton , Village Clerk vi
PASSED AND APPROVED this / day of , 1976.
£L
Village President
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