Dundee Neighbors

Twelve Days of the West Dundee Village Board

2009-12-25T12:02:00.000-08:00

On the first day of Christmas the West Dundee village board gave me a 14% tax levy.

On the second day of Christmas the West Dundee village board gave me 2 fine generating red light cameras.

On the third day of Christmas the West Dundee village board gave me 3 new utility taxes.

On the forth day of Christmas the West Dundee village board gave 4.5% union raises.

On the fifth day of Christmas the West Dundee village board gave me a 5 minute limit when requesting to be heard at a board meeting.

On the sixth day of Christmas the West Dundee village board gave me talk of a $6,000 aluminum water bottle program.

On the seventh day of Christmas the West Dundee village board gave me 7 good ole boy board members.

On the eighth day of Christmas the West Dundee village board gave me 8 months of Julie Voss in office without following through on 1 campaign promise.

On the ninth day of Christmas the West Dundee village board gave me ordinance 09-11 Granting an Extension for the Establishment of Special Uses, Final Plan Approval, and Filing of the Final Plat of Subdivision for the Wal-Mart Supercenter PUD.

On the tenth day of Christmas the West Dundee village board gave me 10 months of the year without a Planning & Zoning meeting because there has been absolutely nothing happening in the village to warrant one.

On the eleventh day of Christmas the West Dundee village board gave me a 1.1 million dollar projected revenue increase from our new taxes for 2010.

On the twelfth day of Christmas the West Dundee village board gave me twelve more months of the same ole same thing.

Keeping The Residents Informed

2009-07-09T19:30:00.000-07:00

The most recent village board meeting I attended on Monday night was what I would call your typical meeting - approval for St. Catherine's Irish Fest, approval of previous meeting minutes, approval of the daily liquor permit request for Heritage Fest, approvals of new zoning ordinances and discussions about traffic signal upgrades.

One item of interest happened during the "miscellaneous" discussion at the end of the meeting. Trustee Gillam brought up a concern about the meeting minutes not being informative enough; only showing what decisions had been made and not including anything related to the discussions about that topic. She asked whether the minutes could be more informative. The general consensus from what I could ascertain was that the minutes only needed to include the final decision and that if people wanted more information they should attend board meetings. Trustee Voss even mentioned that one of her neighbors was asking her similar questions about how a certain decision had been made. Trustee Voss then told her neighbor that she should come to a meeting to stay informed.

Well Julie, how many meetings did you attend before you decided to run for the position you currently hold? While we're at it, didn't you say while you were running that you wanted to "be a voice for the people"? Well here's your chance to step up and become that voice. We have busy lives and the residents of this village expect the board to keep us informed and not just through your completely uninformative meeting minutes or by having the entire town show up at a board meeting. Get out there and talk to us. Continue to improve the utilization of the village wide e-mail alert system. Have those neighborhood meetings at resident’s houses (you know the only campaign promise you didn't steal from other candidates). Be a voice for your people Julie.

Village of West Dundee grants Walmart an extension

2009-06-03T20:19:00.000-07:00

This past Monday night the village board voted unanimously (that's a surprise) to grant a one-year extension to Wal-mart for their planned 24-hour 186,000 s.f. Super Wal-mart.

The extension was given to allow all the work that was previously done by the planning and zoning commission, the (village) board, Wal-Mart and other petitioners to finish what they started," Trustee Norm Osth told the Courier-News. "We had no recourse but to grant an extension."

Well Norm, the plaintiffs asked for a 30-day extension last year and were told, by you, just to let this pass and then sue. So they did. Please stop complaining about the outcome of the advice you gave them.

We pride ourselves with the quality of buildings in the community and are confident that the building won't be as deleterious to their lives as they may think," Village President Larry Keller also told the Courier-News. "The overwhelming majority of those I have talked to are anxious for Wal-Mart to come to West Dundee."

Hmmm, Wal-mart and quality, isn't that an oxymoron Larry?

That's surprising Larry, the majority of people that I've spoken to are not in favor of this development.

There has been a lot of finger-pointing on the part of the board and its representatives claiming that the plaintiffs in the lawsuit are costing the village a lot of money. Not to discount the fees they are paying to the village attorney (who is most likely on a retainer), but I'm guessing Wal-mart is shouldering the burden of cost of the lawsuit. Will the village lose sales tax revenue because the store is unable to generate any? Sure, but it isn't an immediate loss as the village is portraying.

Motion to Reconsider Filed

2009-05-20T06:32:00.000-07:00

The attorneys representing abutting homeowners (some of us) filed a Motion to Reconsider with the Kane County Court today. We didn't make this decision lightly, but after consulting with our attorneys and other attorneys, we felt this was best course of action. The fact remains that we do not believe the Village enforced its own ordinance, and the we think the Judge may have overlooked some issues that were not addressed in his order. We'll keep you updated as things develop--thank you so much for the support!

2009-04-29T20:08:00.000-07:00

I attended the village board meeting on Monday, April 20, 2009 and was pleasantly surprised to hear about ways that the village has decided to cut costs in their 2009-2010 budget.

1. No economic adjustment will be given to non-union employees this year (though from my understanding this will be reviewed in 6 months). Union employees received a 4.5% increase per their contract.
2. We have signed a contract for tree services, but the contract is for emergency removals only, there will be no parkway tree trimming this year.
3. A new janitorial company was hired.

Items 2 and 3 should save the village approximately $65,000 this year. No numbers were reported on item 1.

What I was upset to hear about was that they will be raising property taxes 18%. That 18% comes out to about $110 a year on a $250,000 home. I'm glad to see that the village isn't only about raising taxes, but also in cutting expenses, though I was hoping they would not raise taxes in these tough economic times.

Village newsletter

2009-03-31T18:32:00.000-07:00

I received my quarterly village newsletter the other day and was anxious to read the article on the 2009/2010 Village Budget.

I was extremely disappointed by comments that were made in this article "Additional revenues projected last fiscal year would have included new sales tax in excess of one millions [and that is their own grammatical error] dollars that would flow to the community from the proposed new Wal Mart facility. These funds would have assisted in paying for the increased cost of municipal service levels of this community and eliminated last years' deficit. The construction and predicted opening has been delayed by the litigation initiated by the seven adjacent homeowners. The building plans have been approved and engineering and design is nearly complete for the project."

Wow, I'm impressed that the village was expecting to get the store built and generate new sales tax revenues in excess of one millon dollars in 6 months time because the plans were only just approved in June, 2008. Expected construction time is 18 months. Even with pushing to get the construction finished ahead of that time frame (and when has that ever happened), the village shouldn't expect to start receiving sales tax revenues until December, 2009, but clearly they are counting their chickens before they hatch.

As a member of Dundee Neighbors I would be more than willing to add my name to the lawsuit, unfortunately the law only allows "adjacent" homeowners to litigate.

Voter registration cards

2009-01-22T06:31:00.000-08:00

Did you receive a new voter registration card in the mail recently? Did you look it over to see what, if anything was different? I know I didn't, I stored it and didn't think about again until my neighbor mentioned that our polling location has been changed. I pulled my card out and yes indeed my polling place has been changed. Please take a moment to pull out your card and verify your polling location.

Keller seeks re-election in West Dundee

2009-01-09T15:04:00.000-08:00

Ask yourself, is the Village better off now then it was a decade ago? Higher taxes-- both sales and property, no Randall Road business, a divided community, more traffic and congestion, retail outlets moving OUT of our town, budget shortfall. I am not saying this is ALL his fault but the phrase asleep at the wheel does come to mind.

We need new people at the helm of our village. People that are willing to be be a part of a fiscally responsible open government and embrace smart growth.

Another Store Leaves.. TJ Maxx

2008-12-29T06:41:00.000-08:00

The list continues to grow. TJ Maxx will be moving from West Dundee to Randall Road. Their new location will be next to Toys R Us, another store that we lost recently.

General Growth Misses Deadline

2008-12-16T07:04:00.000-08:00

AP

General Growth shares fall after missed deadlineTuesday December 16, 9:51 am ET

General Growth shares fall after missing debt repayment deadline, ratings downgrade
WASHINGTON (AP) -- Shares of troubled shopping mall owner General Growth Properties Inc. dropped Tuesday after the company missed a crucial deadline to repay $900 million in debt and saw its debt ratings downgraded further into junk status.
Its stock shed 15 cents, or 8.2 percent, to $1.70 in morning trading.
Credit rating agency Moody's Investors Service on Monday downgraded the debt ratings for Chicago-based General Growth, which said earlier in the day it is still negotiating for an extension on the maturity date mortgage loans for two Las Vegas malls.
After General Growth's announcement, Moody's pushed the debt ratings for General Growth and its subsidiaries further into junk bond status. Both senior secured and senior unsecured debt were downgraded to Ca, two notches above default from Caa2. Moody's said the ratings "remain on review for possible downgrade."
Earlier this month, Chicago-based General Growth received a two-week extension on the loans for two Las Vegas properties, but has yet to receive another extension.
Moody's said the failure to repay the debt "will most likely lead to an imminent acceleration" of debt payments on bonds issued by The Rouse Company, a shopping center owner acquired by General Growth in 2004.
The country's second-largest mall owner is saddled with a huge debt it acquired during the real estate market's boom years when it aggressively bought up assets. Refinancing that debt has proven difficult amid a global credit crunch.
General Growth has a stake in more than 200 shopping malls in 44 states

General Growth in Debt Talks

2008-12-12T12:42:00.000-08:00

General Growth says still in debt talks

Friday December 12, 10:25 am ET By Alan Zibel, AP Real Estate Writer

General Growth Properties says still in talks to extend $900 million debt repayment deadline
WASHINGTON (AP) -- Troubled mall owner General Growth Properties, trying to stave off bankruptcy, said it is still trying to negotiate an extension on $900 million in debt that is due to be repaid Friday, but warned there can be "no assurance" it will get a reprieve.
Investors, however, appeared optimistic that bankruptcy would be avoided as shares rose 37 cents, or 25 percent, to $1.81 in morning trading.
The mortgages cover two Las Vegas malls, Fashion Show and Palazzo. Earlier this month, Chicago-based General Growth received a two-week extension on the loans.
General Growth Properties Inc. also said in a prepared statement issued that it refinanced a separate $896 million worth of loans, retiring a $58 million bond that matured Thursday and $814 million of debt scheduled to mature next year.
Chicago-based General Growth, the nation's second-largest shopping mall owner, has been hit hard by the credit crunch, as it piled up a staggering debt load during the real estate market's boom years. Analysts are unsure whether new managers, installed in late October, will be able to keep the company afloat as the recession drags on and U.S. retailers struggle. The company last month hired law firm Sidley Austin as an adviser.
General Growth has a stake in more than 200 shopping malls in 44 states. It is trying to sell its Las Vegas locations.
Shares of General Growth have lost 95 percent of their value over the past six months.
Last month, the company reported disappointing third-quarter results and cut its year-end forecast, weeks after the mall owner's board removed its chief executive, president and chief financial officer.
Their ouster came after the company disclosed that former CEO John Bucksbaum's family trust provided $90 million in personal loans to cover margin debt for the former chief financial officer and president.

General Growth Default Imminent

2008-12-09T13:52:00.000-08:00

AP

Fitch says General Growth's default is imminentTuesday December 9, 3:01 pm ET

Fitch cuts ratings on mall owner General Growth Properties, seeing imminent default

NEW YORK (AP) -- Fitch Ratings downgraded General Growth Properties Inc.'s credit ratings Tuesday, saying default may be imminent for the shopping mall owner.
Fitch noted General Growth's recent move to extend the amount of time it has to repay debt, and said it thinks the company may need to restructure its debt to avoid bankruptcy. Fitch considers a distressed debt swap, in which a company exchanges its debt for new bonds at a heavily discounted rate, to essentially be a default.
Fitch also said conditions in real estate debt capital markets are hurting General Growth's ability to raise money to repay about $600 million in 2009 maturing unsecured debt.
As one of the nation's largest shopping mall owners, General Growth has been hit hard by the deteriorating U.S. economy and problems at struggling retailers. It also has taken on massive amounts of debt -- last month in a regulatory filing, General Growth said nearly $3.1 billion worth of debt will come due next year.
Earlier this month, General Growth reached an interim agreement to extend the time it has to pay back $58 million in notes to Thursday, just days after the Chicago-based real estate investment trust got a two-week reprieve to pay off $900 million in mortgages.
Fitch downgraded the issuer default rating to "C," it's lowest junk rating, from "B" for General Growth Properties Inc., GGP Limited Partnership and unit The Rouse Co. Fitch also downgraded the revolving credit facility, term loan and exchangeable senior notes ratings for GGP Limited Partnership to "CC/RR5" from "B-/RR5."
General Growth remains on "negative watch," meaning further downgrades are possible.
Last month, the company reported disappointing third-quarter results and cut its year-end forecast, weeks after the mall owner's board removed its chief executive, president and chief financial officer. Their ouster came after the company disclosed that former CEO John Bucksbaum's family trust provided $90 million in personal loans to cover margin debt for the former CFO and president.
New management has warned that crushing debt combined with the declining economy bring the company's viability into question.
Shares of General Growth rose 3 cents to $1.58 in afternoon trading.

General Growth Properties in Trouble

2008-11-13T13:17:00.000-08:00

Dundee Neighbor Jean Van Gaston emails in with this update:

Five Stocks That Look Completely Worthless
Matthew Coffina
Wednesday
November 12, 2008, 7:00 am EST

General Growth Properties (NYSE:GGP - News)From the Analyst Report:
"Punch-drunk on easy credit, retail real estate investment trust (REIT) General
Growth Properties is now staggering under the weight of its massive debt load.
Raising capital or finding buyers for its commercial real estate assets may be
difficult in the current credit-constrained environment, so we think it's likely
that General Growth's equity value will fall to $0."

Yikes.

So General Growth's bad decision making is putting our community in jeopardy. It's time our community looks to the future, to smart growth decisions that will never hold us hostage to this kind of incompetence again.

Updates

2008-11-13T13:09:00.000-08:00

Freinds,

Thank you for checking in on the website. We receive a lot of questions about the lawsuit some families have filed against the Village and Wal-Mart, asking for updates and more information. As it is an on-going legal proceeding, unfortunately we can't really comment too much on it except to say that it is moving forward and we're confident in our case.

People also ask, "How are you paying for it?" We were thankful to find attorneys who represent families and homeowners and understand the limitations of what we, as opposed to megacorporations like Wal-Mart or General Growth Properties, can afford. By sticking together and working together we have been able to stick up for the rule of law and demand that our argument be given a fair hearing--when it wasn't by the Village. It is sad that it had to come to that.

People also ask, "Who are the Dundee Neighbors?" There are a handful of families that got the ball-rolling, but during the Wal-Mart hearings, hundreds of families signed petitions and joined email alert lists in support of our vision of an open government and smart growth policies.

So don't listen to the rumor mongerings and slanderers out there who, out of ideas, are once again falling back on the same tired "NIMBY" argument they used during the Wal-Mart issue. Dundee Neighbors is made up of families with an interest in smart growth and open government issues all over the Village--in the old Dundee, in Tartans Glens, south of 72, you name it. We have knocked doors and talked to folks in every part of town.

That's who we are.

We are all volunteers, not professionals. We're learning as we go, and giving of our spare time to bring some accountability to local government--we'll try to more regularly post here to keep you all updated, and encourage you to engage in dialogue in the comments.

Thank you for visiting! Check back often.

Election Results: Real Estate Tansfer Tax Fails

2008-11-06T07:54:00.000-08:00

The referendum on the proposed real estate transfer tax has failed by a nearly two-to-one margin. The wisdom of the people of West Dundee shines! Now we need to harness that wisdom to move our Village in a new direction.

From the Courier-News:

“It’s always a tough sell to raise a tax, but we wanted to let the voters
decide,” Village President Larry Keller said. He said the transfer tax would
have been paid only by newcomers and business people, because any home being
bought by somebody who already lived in West Dundee would have been excluded
from the tax.

For the record, President Keller didn't just "want to" let the voter's decide the real estate transfer tax requires a popular vote.

In other news,

Nominating petition forms for the village president and three open trustee
positions in West Dundee are available at West Dundee Village Hall, 102 S.
Second St.

Dundee Neighbors Monthly Meeting!

2008-10-17T12:29:00.000-07:00

Friends and Neighbors,

Our block party was a big success--and the question we were most asked was, "What can I do to help?"

The first step is to discuss with each other our vision for the future of West Dundee. We are all Dundee Neighbors!

So join Dundee Neighbors for our village-wide kick-off meeting. We can only succeed if we work together. So this meeting is an opportunity for us all to get together so we can all work together!

What: Dundee Neighbors Monthly Meeting
Where: R Bar's upstairs meeting room (101 W Main St).
When: Tuesday, October 21st, 7:00p.m.
*We are proud to patronize a local business that stood with us when we opposed Wal-Mart.

*Sorry, we're all on our own for food and drink!*

RSVP by commenting or e-mailing, and please, tell your friends and neighbors!

Dundee Neighbors Block Party - A Success!

2008-10-09T09:56:00.001-07:00

Thank you to everybody who came out for our block party last Saturday. Great times and conversation, about the future of our community, were had by all.

E. Dundee Store Closing -- What a Surprise!

2008-09-23T12:30:00.000-07:00

Why are we doing business with these people? This is unbelievable.

During the West Dundee Supercenter fight, Wal-Mart refused to confirm what they were going to do with the old store if they opened the new one. As if they weren't sure. Now that they got their approval a week and a half ago, suddenly they're announcing closure of the disgusting East Dundee store.

What dishonest brokers and bad neighbors.

Wal-Mart officials have confirmed that the world's largest retailer will
close its East Dundee store once the company opens a Supercenter in neighboring
West Dundee.

Though East Dundee officials and residents had speculated on the store's
demise for months, Wal-Mart had not previously given definitive word that it
would shutter the store that has stood on Route 25 for the better part of two
decades.

But village officials said they were told Friday that their largest sales
tax generator would be moving out of town.

"They have now taken the official position that they are going to leave
East Dundee," Village President Dan O'Leary said. "It had been the case where
they had been hesitant to give us a definitive answer."

Though Wal-Mart did not give a specific timeline, O'Leary believes it would
take at least a year for the West Dundee store to open.

Stabbings at Spring Hill Mall

2008-09-23T12:26:00.000-07:00

What is General Growth Properties doing over there? Are they taking care of that property?

It is unbelievable that we are being asked to accept a known crime risk in the form of a 24-hour Supercenter in order to help GGP (the "gem" of our village, apparently) when they can't even keep their supposedly "high-end" mall safe from stabbings.

Geez.

Four Teens Injured

Four Cited For Fighting

Sigh.

Dundee Neighbors Families File Complaint Against Village, Wal-Mart

2008-09-16T13:02:00.001-07:00

Dear Friends and Dundee Neighbors,

Last Friday, Dundee Neighbors filed a formal complaint against the Village in regards to the decision made on June 16th to grant a Special Use for a Planned Unit Development and Variances for the Wal-Mart Supercenter.

This decision was not made lightly and due diligence was put into making sure that all options were considered. We are moving forward with this complaint to send a message, that development decisions have a real personal, financial, and social impact on communities, and shouldn't be treated like a business decision made by a closed club. The entire Wal-Mart development process began shrouded in secrecy and was kept private as possible for as long as possible, and then rushed through to avoid too much community participation. When we raised these concerns to Trustees, we were advised to take legal action.

We don't relish this decision, but we are not apologetic for it, either. The fact is that if the Village had acted responsibly and given over more time for review of the proposal by independent experts, we would not have had to take this critical step. Dundee Neighbors is planning a series of community events over the next few months to bring the residents and homeowners of West Dundee together to discuss a new direction for this village. We thank you for your continuing support and encourage you to communicate with each other and with us regarding how we can move this village in a positive new direction.

Your Friends

The Dundee Neighbors

I thought the WM was supposed to save us from tax increases?

2008-09-05T08:20:00.000-07:00

Yet, all potential tax increases are on the table. Tut, tut.

West Dundee will take tax question to voters

West Dundee voters will decide Nov. 4 the fate of a proposed real estate transfer tax aimed at offsetting anticipated budget shortfalls, village trustees decided this week.
The question will ask voters whether village should impose a new tax on the purchaser of a home or commercial property in West Dundee.
The tax would be set at $5 per $1,000 of the property's sale price, meaning the buyer of a $250,000 home would pay $1,250.
Village officials say the tax would recover part of the village's anticipated $350,000 budget shortfall created by dwindling sales tax revenue and development inactivity.
Over the last five years, village revenues from commercial and residential development have tumbled almost half a million dollars per year, said Village Manager Joe Cavallaro.
Cavallaro said general sales tax revenues also fell from a high of $3.5 million in 2002 to $2.92 million for the 2007-2008 fiscal year. If voters support the measure, village staff estimate the real estate transfer tax would generate about $200,000 annually.

My favorite reader comment:

posted by parts on Thu Sep 04, 2008 12:23 PM
This is my understanding of
this latest grasp at straws effort by our Village. This is the only tax that
they must take to the voters for approval. I feel that they have all intentions
of bringing those "user fees" such as trash collection, utility fees and other
such items our way in the near future. If they were able to pass this without
any input, it would have been done already. Anyone who votes for this should
really have their head examined. In this real estate market the seller will have
to eat this cost as well-- no buyer will agree to this. More taxes are right
around the corner so do not vote this in. The town is strapped for cash and they
will be doing anything they can to repair this huge hole of lost funds.

Village Approves Wal-Mart Plat and Plan

2008-09-04T08:11:00.000-07:00

On Tuesday, the Village Board voted to approve the final plat and plan. A lack of fiscal discipline and a greater lack of imagination has gotten us here, folks.

Well, that's never the end of it. We don't have to accept the bad decision resulting from a bad process.

West Dundee OKs Wal-Mart

West Dundee trustees approved a final plan to develop a 30-acre site on the perimeter of Spring Hill Mall into a Wal-Mart Supercenter.

The village board on Tuesday unanimously backed the final plat, which divides the parcel into individual lots and outlines the developer's plan for the site.

Wal-Mart, the world's largest retailer, proposes a 186,000-square-foot super store at the corner of Huntley Road and Elm Avenue. Wal-Mart's proposed store will include a general merchandise section and full-service grocery store, a garden center and a drive-through pharmacy.
After two months of public hearings, village board meetings, commission meetings and protests, several changes were made to Wal-Mart's plan.

"Wal-Mart has modified the plan to take into account many - or all - of the requests the planning and zoning commission made, from the appearance review commission, from public comments and from the board of trustees," said Trustee Norm Osth.

Those requests included lowering the height of the light posts at the rear of the property to reduce the amount of light leaking into the adjacent subdivision, increasing the height of the berm separating the retailer and residents and also reducing the size of monument signs.

"We are in substantial conformance with the village's standards," said Rob Gamruth, Wal-Mart's counsel for land use and zoning.

Community Development Director Cathleen Tymoszenko said the final engineering of the development is "very, very close to being finalized."

Though dozens of residents have spoken out against the retailer's proposal, just a handful were in attendance Tuesday.

Residents say the development, which would occupy a parcel of land first zoned for a Meijer store in 2000, does not suit the community's image and would increase traffic, as well as crime.
Furthermore, residents said the village should not count on the retailer to increase revenue as Spring Hill Mall flails.

Now that the village has approved the final plat, Gamruth said the developer would likely submit applications for building permits "fairly shortly," but did not have an exact time frame.

The Dundee Neighbors are Still Here--and Growing!

2008-07-01T11:40:00.000-07:00

Friends,

The Dundee Neighbors have not disappeared--in fact, we're growing!

Obviously, we're dissatisfied with the behavior of the Village during the Wal-Mart issue. When people face possible devastation of their home values, degradation of the community character, and a seriously new direction in planning, the process should be more open then a notice and, two months later, a 24-Hour, 200,000 square foot Supercenter and 30 acres of asphalt.

No matter how they try to spin it, that is not an open process. We, the residents who will be most impacted, were left scrambling for time to have the materials reviewed, to retain an attorney, and spent literally hundreds of hours making sure the entire village was kept in the know.

That is not an open process and, frankly, the fact that the Village felt no need to inform us that this massive development was coming in before the legally required notice date demonstrates that they knew we wouldn't be happy, and wanted to avoid involving us. Shameful.

But that's not why we're continuing on--we believe in our community. The outpouring of support from every part of the Village has made it clear that there IS support for a new vision and direction for our wonderful little town.

So we invite you to post a comment, or send an email, letting us know about YOUR ideas for the future of West Dundee--and the kinds of policies YOU would like to see.

Tell us West Dundee--what is on your mind?

Your Friends

The Dundee Neighbors

Board Approves Wal-Mart, Options Available

2008-06-20T18:05:00.000-07:00

Hello friends and neighbors!

Obviously, we are not happy about this:

WEST DUNDEE -- Wal-Mart is coming to town.The village board voted unanimously
Monday night for the special use permits and variations which would allow the
retailer to build a 186,000-square-foot super store on 27.5 acres off Huntley
Road just north of Spring Hill Mall.

But, we continue on. Wal-Mart is NOT coming to town. Please get in touch with us to get more information on our continued effort to make sure the rule of law is applied, the people's will is respected, and our community character is protected. This story tells it better:

Opponents of a Wal-Mart in West Dundee say they are not giving up their fight.
Monday night, the village board voted unanimously in favor of a
Wal-Mart supercenter to be built at Huntley Road and Elm Avenue.
A crowd opposed to the construction rallied at the meeting but was unsuccessful in changing the minds of board members.
The opponents admit they are disappointed but say they plan to pursue every option available to them.
(Copyright ©2008 WLS-TV/DT. All Rights Reserved.)

Dundee Neighbors In The News

2008-06-10T13:14:00.001-07:00

So, the Dundee Neighbors have been out pounding the pavement for weeks.

We've probably knocked on your door.

Have we been trying to scare people, telling horror stories about big bad Wal-Mart?

Those of you we've spoken to know that isn't the case at all.

What we've been talking about was fairness. The rule of law. Applying standards. And our elected officials listening to us, rather than lecturing us like we're children.

Well, all that shoe leather work got us some media attention.

Here are the stories from last night:
Daily Herald
Courier News
Chicago Tribune.

Here is a Channel 7 ABC News piece:

http://abclocal.go.com/wls/story?section=news/local&id=6143186

And we're not done yet.

What Are They Thinking!?

2008-06-10T12:18:00.000-07:00

The Village Board convened a "Committee of the Whole" meeting last night to hear public comment in advance of a Board vote.

We hoped they wouldn't move to a vote immediately--we'd heard from some Trustees that they hadn't seen any of the pertinent information as of last weekend, and there are thousands of pages of documentation to review--but Village Board President Larry Keller said that they couldn't "talk forever" and that it was time for a vote.

Forget talking forever--how about one minute? The Board had no questions for Wal-Mart and discussed nothing among themselves. Forgive us if that doesn't stink of a done deal.

President Keller also told West Dundee to forget their concerns--after all, he has to live across the street from a Starbucks.

The Board of Trustees has been led to believe by some party that they are "powerless", that they must approve this proposal, or else Wal-Mart will come in no matter what because the property is zoned correctly.

Well, no. If they truly care about West Dundee and are truly representing the people, and not Wal-Mart, then there is plenty they can do.

Wal-Mart is requesting a Special Use for a Garden Center and outdoor sales. They do not meet the standard for a Special Use, which are:

1. The establishment, maintenance or operation of the special use will not be
detrimental to or endanger the public health, safety, morals, comfort or general
welfare.
2. The special use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already permitted
nor substantially diminish property values within the neighborhood.
3. The
establishment of the special use will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in
the district.

Wal-Mart is requesting a Special Use to build a "planned unit development" (a multi-piece development, in other words). They fail to meet those standards as well.

The Village can (and should) deny this petition.

It is irresponsible to leave a property with such a high zoning as B-2 with no intended user.

That is handing a black check to developers.

So when you call the Village (Ph: 847.551.3800) to tell them you oppose this development and demand a "No!" vote, don't be fooled.

There you go, Mr. Keller. "Problem" solved.

Good Morning, West Dundee!

2008-06-04T15:01:00.000-07:00

Good thing Wal-Mart didn't bother with an audibility study of truck noise, including idling trucks. They may have found something disconcerting about their injuring the use and enjoyment of surrounding properties.

Good thing Village Staff has so consistently made sure nobody asked Wal-Mart any questions that were too tough--God forbid they should have to, you know, obey the law.

This video was taken on May 30th at the East Dundee store.

What happened to your magical silent trucks, Mr. Scott?

Appearance Review Commission Hearing Last Night

2008-06-04T13:16:00.000-07:00

The Herald covered it.

A group opposing the proposed Wal-Mart SuperCenter in West Dundee may be taking on the world's largest retailer, but members are making sure their voices are heard.
At every opportunity, members of Dundee Neighbors -- a coalition of more than 500 local residents -- are showing up and vocalizing their opposition to the proposed 186,000 square foot retail center at the corner of Huntley Road and Elm Avenue.
At least 25 people attended the village's Appearance Review Commission meeting Tuesday for Wal-Mart's final presentation regarding landscaping, elevation, signage and lighting site plans.

Keep them coming in

2008-05-30T12:53:00.000-07:00

Since the members of Dundee Neighbors took to the streets less than a month ago, several hundred--you read that right, several hundred--have signed up to join the group in our mission to bring smart, sustainable development to West Dundee--not just short-sighted tax revenue stop-gaps.

Keep them coming in. They want to paint Dundee Neighbors as a NIMBY throwaway, but we know the truth, that hundreds of residents from every part of West Dundee support the rights of residents to have a meaningful say in our Village's future, not just a dog-and-pony show that can get shut down by high-priced slick attorneys.

See you on the pavement!

Welcome to Dundee Neighbors On-Line!

2008-05-30T11:16:00.000-07:00

Welcome, friends!

Dundee Neighbors has created this website to keep you informed about development issues in West Dundee and the Dundee area.

Our primary effort right now is to monitor the currently proposed 186,000 square foot, 24-Hour Wal-Mart Supercenter being wedged into a residential community where it does not belong.

You may have read about the Planning and Zoning Commission Hearing on Tuesday. Although the P&Z Commission "recommended" the project, it is by no means over yet. Only the Board can make a final decision. And if they decide wrongly--if they approve a project that clearly fails to meet the standards for Special Uses and Variances--there are means beyond that.

At the Planning & Zoning Commission Hearing, we requested a continuation of 30 days to allow some engineers we have retained to review Wal-Mart's proposed storm water plan and their traffic study, which was conducted by their "preferred contractor" for traffic studies, KLOA.

When we--generously, we feel--made this offer to have an independent review at our own expense, in the interest of objectivity, you should have seen Wal-Mart's attorney spring up and "strenuously object."

What are they trying to hide from residents and the Board of Trustees? Inquiring minds would like to know why our offer to have an independent review so terrified Wal-Mart's attorney.

We think the Board should want to know, too.

The Village staff and Wal-Mart have implied that this has been a completely open process which has encouraged public participation.

But of course, Wal-Mart did not reveal its plans to the public until literally the last possible moment, when the law requires them to disclose their plan.

They didn't call a single resident.

They didn't meet with a single resident.

They sent no letters, made no phone calls, held no forums, made absolutely no effort.

Staff, which has been in negotiations for years, met with no one. Made no calls. Had no meetings. Sent no fliers.

Did not include it in the Village Newsletter. Did not solicit public input.

In other words, they hid it until they couldn't any longer, and when we requested a reasonable amount of time to review the petitioner's materials, we were ignored.

When Target was coming to town, they put a big old sign on the property: "Coming Soon! Target!" Wal-Mart hid behind the wall of "proprietary information", too arrogant to bother with us lowly taxpayers.

When we asked for more time to review materials that have been released to us only in drips for the last month, Wal-Mart's attorney sprang to his feet and quaked in his boots.

The public hearing began on 4/28. Less than a month later, it was closed. It took Wal-Mart years to bring this project together: we can't get 30 days to review it?

That is an open process?

We were told that the public hearing process was the opportunity to comment and present evidence--yet our due process was violated when our attempt to reasonably contribute to the process by locating expert witnesses and having them review the petitioner's testimony, and to testify as to possible problems with it, was shouted down by a slick attorney from a multi-billion dollar corporation. Apparently, they don't have the time to waste on small-town folks who want to know if their backyards will be flooded with greasy parking lot water, if reckless driving will increase on a residential road, if our nice family park is going to turn into a pit of Wal-Mart's carelessly strewn garbage.

That is a good neighbor?

The Trustees have some real thinking to do, about what kind of "partner" they're inviting into the Village.

And our due process will not be violated, and we will be heard.

So check back often! We'll keep you apprised.

Your friends,

The Dundee Neighbors

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2008-05-30T10:25:00.001-07:00

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About Us

2007-05-30T11:11:00.000-07:00

Dundee Neighbors is a coalition of residents and business owners concerned about the tendency of the Village to give priority to developers over residents.

We feel commercial development is key to preserving our quality of life by providing tax revenue--but shoehorning non-harmonious developments into lots they don't belong sets a bad precedent and deteriorates our quality of life anyway. The reason we want tax revenue is to maintain services; the reason we want services is to preserve our quality of life.

Allowing destructive development to generate revenue defeats its own purpose, and ignores the public will.

Dundee Neighbors pledges to keep the public informed about development issues, and use every resource available to it to make sure that the people's voice, not just the voice of big-money developers, are heard and respected by our elected officials.

How Wal-Mart Respects its Neighbors

2007-05-30T10:41:00.000-07:00

Wal-Mart: A Bad Fit for West Dundee

2007-04-30T11:39:00.000-07:00

Wal-Mart Supercenter Proposal for Huntley Road and Elm
A Bad Fit for West Dundee
12 May, 2008

1. Introduction from Dundee Neighbors
2. Request for Further Study
3. Standards for Special Uses and Variances
4.Traffic Study and Parking Ratio
5. Environmental Impact
(a) Light pollution
(b) Noise pollution
(c) Storm water runoff
(d) Protected trees
6. Crime/Safety Issues
8. Trip Generation Characteristics of Free Standing Discount Superstores, ITE Journal, August, 2006 (NOT INCLUDED IN ON-LINE VERSION)

9. Conclusion

1. Introduction from Dundee Neighbors

Dundee Neighbors is a group of homeowners and residents of West Dundee and Dundee Township who have come together to promote public participation in the planning process and smart development.

In particular, we have found that the proposed Wal-Mart Supercenter at Huntley & Elm fails to meet standards for Special Uses and Variances, and is therefore a poor choice for this property in particular and for West Dundee in general. Approval of the project would set a dangerous precedent in the community for highly intensive development near residential areas -- with no transitional use.

Despite claims by the petitioner that the Special Uses and Variances being sought are in the service of building a new “green” store, in fact they are being requested to save the developer (in this case, Wal-Mart itself) money and to standardize the engineering. We will demonstrate in this paper that the requests being made by Wal-Mart do not meet reasonable standards, do not serve any attempt to “compromise” and protect the community, and warrant an outright negative recommendation by the Planning and Zoning Commission. A few fixes here and there will not overcome these difficulties: they are fundamental to the petitioner’s plan.

We know that the Planning and Zoning Commission will act out of their legal and moral responsibility to ensure that the letter of the law, and in particular the standards set forth for special uses and variances, are met. Members of Village staff have communicated to residents through various channels that Wal-Mart could build “no matter what”, and that this was a “done deal.” We hope that the Planning and Zoning Commission will stay true to its legally mandated mission to: (a) hear all possible evidence both for and against the proposal; (b) suspend any decision until all possible fact gathering has taken place; (c) act in accordance with the law and their best judgment, rather than intimidation or fear; and (d) allow for comprehensive examination of all experts, testimony, and studies.

We thank you for accepting this paper into the official record and offering us equal and reasonable time to make a case in this hearing, as well as to examine witnesses and testimony.

2. Request for Further Study

Our primary request is that more time be granted for independent, third party experts to review submitted reports and testimony and in some cases conduct new studies. In particular, independent traffic and storm water impact reviews or studies need to be conducted.

Dundee Neighbors has been in contact with several certified experts who are willing to conduct reviews and studies that would provide a more balanced view of the potential impact of this store. After reviewing materials provided for the Village, we are happy with the great lengths staff went to in order to educate the petitioner as to minimum Village requirements. Nevertheless, there is no reason to now rush to an approval. We owe it to future residents and indeed future generations to make sure that we study the issue as deeply and comprehensively as possible.

Allowing for outside experts—experts not paid by the developer and without long-standing business ties to the developer—to study the proposal injures no interests and serves all parties, including the developer themselves. We therefore ask for a period of one month in order to have proper outside evaluations performed.

3. Standards for Special Uses and Variances

In this section we shall list the standards for Special Uses and Variances and demonstrate how Wal-Mart’s proposal, in general, fails to meet the standards and therefore warrants a negative recommendation from the Planning & Zoning Commission. Please note that the problems with the Special Uses in particular relate not to minor details but to the fundamental nature of the plan. It is also important to keep in mind that the petitioner must meet all of the standards for special uses and variances.

Special Uses

The Petitioner is requesting two Special Uses:

(1) Special Use permit to allow Outdoor Sales of Seasonal Garden Merchandise at the Wal-Mart Supercenter.
(2) Special Use to Amend Ordinance number 00-31 (Special Use for a PUD).

The Village of West Dundee’s Municipal Code establishes the Special Use with the following language:

A classification of special uses is hereby established to provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located… (10-3-4 A)
The code therefore implicitly states that the very purpose of the Special Use is to allow the Village discretion over proposals by petitioners in cases where a proposed use “might have an adverse effect” upon not just abutting properties, but “nearby” properties as well.

Granted by the ordinance that discretion, the Commission and the Board are empowered to use the potential for “adverse effect” as the framework for consideration of a Special Use.

Specifically, Chapter 12 of Title 11 of the Municipal Code lays out specific standards:

No special use permit shall be recommended…unless there is a concurring vote of a majority of all members present with a minimum of four (4) concurring votes required, based on finding of fact that:

1. The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
The language used in this item is purposefully general, in order to allow for the greatest measure of discretion on the part of Commissioners and Trustees. Impacts from noise pollution, also discussed below, and storm water discharge could also be detrimental to “the public health” and “comfort”. In particular, we found that Wal-Mart stores in Illinois average 0.65 police complaints per day; and this includes non-24 hour stores and non-Supercenter locations. Combined with the negative self-perception of the Village demonstrated by public opposition to an unharmonious use, this proposal clearly fails this standard.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish property values within the neighborhood.
Granting the PUD that will allow for construction of such a large-scale development will contribute to storm water run-off of oil and other toxins, as cited by the Soil and Water Conservation District’s Land Use Opinion dated 01 May 2008. The loss of view and increase in noise and light will clearly be “injurious to the use and enjoyment” of residences that abut the property.

The Wal-Mart plan therefore fails this standard as well.

As the petitioner, if Wal-Mart wishes to satisfy this standard, they must present sufficient evidence leading to a “finding of fact” that building a large-scale, 24-hour discount store next to single-family homes will not “substantially diminish” property values within the neighborhood. Failure to present convincing evidence of such means there has been no “finding of fact” to satisfy this standard.

As the petitioner, if Wal-Mart wishes to satisfy this standard, they must present sufficient evidence to establish as a fact that their proposal will not be “injurious to the use and enjoyment” of a large, open-space park, ingress to which is across a residential street that will become a busier cut-through street, to wit Tartans Drive. If the Commissioners are not presented with sufficient evidence to establish as a fact that “enjoyment” of Huffman Park will not be “injur[ed]” by the development of a 186,000 square foot, 24-hour discount retailer on its border, then Wal-Mart has also failed this standard, and the Special Use for a PUD should receive a negative recommendation.

3. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.
5. Adequate measures have been or will be taken to provide ingress and egress to design as to minimize traffic congestion in the public streets.
6. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village president and board of trustees.
The petitioner is requesting eight variations from the “applicable regulations of the district”. While not explicitly constituting a failure to meet a standard, this does not demonstrate a desire by the petitioner to “conform to the applicable regulations” as stated in the Special Use standard, but rather to force the Village to conform their regulations to the petitioner’s business plan.

Variances

The petitioner is requesting eight (8) variances. While Dundee Neighbors finds that Wal-Mart fails to meet the standard for a variance in any of the requests, we will deal here only with the four requests that most egregiously fail the standards. First we will display the standards, and then demonstrate how each of the four considered variations fail.
A Variance is essentially an exception to the law. Therefore, the standards for the granting of a Variance are very high. The municipal code details the standards:
E. Standards:
1. A variation shall be recommended only if the evidence in the judgment of the zoning board of appeals sustains each of the following:
a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district; and
b. The plight of the owner was not created by the owner and is due to unique circumstances; and
c. The variation, if granted, will not alter the essential character of the locality.
2. For the purpose of implementing the above standards, the board of appeals in making its decision, whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence that:
a. The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the regulations were strictly enforced;
b. The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;
c. The alleged difficulty or hardship has not been created by any person presently having an interest in the property or any person through whom the applicant claims title;
d. The granting of the variation will not be substantially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or
e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(1) Request for a Variance to allowable Light Pole Height of 30’ (“Wal-Mart is requesting an allowable height of 42’. This increased pole height will minimize the number of poles that will be installed on the site.”)
Existing standard: “No light shall exceed 30 feet in height” 10-9-1-6 D
This request meets none of the standards, while at the same time potentially aggravating the already failed Special Use standards. Requesting higher light poles for a 24-hour retail operation means that neighboring properties will be “injur[ed]” to a greater degree, with no compelling argument as to why the petitioner should be granted the Variance. The reason given by Wal-Mart, namely that it will “minimize the number of poles that will be installed” has no relationship at all to the standards for a variance.
Since that is the sole rationale provided by the petitioner, we easily find that it fails condition 1.(a) above, that the petitioner cannot expect a “reasonable return” due to some pre-existing circumstance on the property. Either Wal-Mart is attempting to save money on light poles or fit more parking spaces into a smaller area by minimizing lighting. Neither of these constitute a hardship not of their own making. Note that this also fails 2.(d) above, in that it makes light more visible to the second floors of surrounding residences, explicitly “injurious” to those properties.
(2) Request for a Variance to allow Larger Endcap Islands and eliminate the Interior Landscape Islands. (“The Village has requested that Wal-Mart combine the landscape island required by the Zoning Ordinance into one large island. This will provide more attractive landscape islands and easier snow plow maneuverability.”)
Existing standard: “One 200 SF nonperimeter landscape island with one 3” diameter shade tree and 5 small bushes, for each 20 parking spaces.”
That this variance was requested at the behest of the Village is immaterial and has no relationship to the standards for a Variance. Commissioners are to consider the request on its own merit, and there is no pre-existing circumstance on the subject property that prohibits Wal-Mart from obeying the regulation. This request does not meet the standard for a Variance.
(3) Request for a Variance to the Parking Space Size to allow a Stall length of 18’ for both 60 [degree] and 90 [degree] parking space. (“The proposed Wal-Mart Development is providing ga parking space dimension of 9.5’ x 18’ (171 sq. ft.) for both 60 degree and 90 degree parking spaces. The zoning ordinance requires a stall dimension of 9’ x 19’ (171 sq. ft.) for 60 [degree] parking stalls and 8.5’ x 18.5’ (157.25 sq. ft.) for 90 [degree] parking stalls.
Existing standard: “A required off-street parking space shall be at least nine feet (9’) in width and at least nineteen feet (19’) in length.”
For this Variance request, the petitioner has not even bothered to provide a rationale. Unless we accept that the Village of West Dundee has created parking space regulations on arbitrary and meritless bases, this Variance request must be denied. It fails standard 1.(a) and 1.(b) above, in that the petitioner has not demonstrated how, by maintaining the extra 6” in each parking space, they will not make a “reasonable return” on this property. It fails 1.(b) as there is no “plight” highlighted in this request, and the petitioner has simply chosen to eliminate these 6”, presumably to fit more parking.
(4) Request for a Variance to the Total Square Footage of Wall Signage allowed on the Wal-Mart Supercenter. (“Due to the several components of the proposed Wal-Mart Supercenter, Wal-Mart requests a variance to allow an increased amount of wall signage square footage.”)
Existing Standard: “The signage ordinance allows wall signage not to exceed 150 SF”
In this instance, the petitioner’s own rationale for the request (“Due to the several components of the proposed Wal-Mart Supercenter…”) makes the argument for why they fail the standard. Condition 1.(b) above states that it must be the case that the “plight of the owner was not created by the owner”. Wal-Mart is saying that the nature of their own stores has created the “plight” (namely, that the Supercenter, through their own design, has “several components.”) The Village can hardly be expected to grant Variances to the law based solely on the convenience of the applicant. In doing so, the Village would be creating an unsustainable precedent.

4. Traffic Study and Parking Ratio
(a) Traffic Study
We will be submitting into the record a number of questions regarding potential problems with the traffic study prepared by KLOA.
(b) Parking Ratio
Although their official materials still describe the Supercenter as being 187,000 square feet, at the Public Hearing a document was distributed listing it at 186,000 square feet, and elsewhere it was listed as 183,000 square feet. As Wal-Mart is requesting a Garden Center, with storage that often ends up sitting on parking space, was this Garden Center space, which is essentially a sales space, calculated into the parking ratio?
At the Wal-Mart in East Dundee, the store regularly stores materials across parking spaces—on 1 May, 2008, no fewer than twenty parking spaces were taken up by outdoor-stored materials. Are these spaces counted towards the ratio? Or does the petitioner expect to paint the parking spaces in order to meet the requirement and then use it for another purpose?

5. Environmental Impact
In this section we will provide some evidence for the likely adverse environmental impact of the proposed Supercenter. In general, we are more concerned with a lack of independent study or information.

A. Light Pollution
Light pollution is of great concern to residents, particularly parents of young children, when looking at the environmental impacts caused by the proposed Wal-Mart Supercenter and parking lot. Our understanding: Wal-Mart is planning on creating 42’ light poles, in addition to the outside lighting around the store itself, particularly in the rear of the store where good lighting is critical to avoid potential criminal or unsavory activity. The store is proposed as a 24-hour Supercenter so the lights will be on all night long causing the following to occur:
• Light trespass – is undesirable condition in which spill light, or light that falls outside of the area intended to be lighted, is cast where it is not wanted. An example of light trespass is when spill light from a streetlight or floodlight enters a window and illuminates an indoor area.
• Sky Glow – is brightening of the sky caused by outdoor lighting and natural atmospheric and celestial factors. There is also preliminary data on the negative effects of artificial lights on some plants, birds, and other organisms.
• Glare – is the sensation produced by a light within the visual field that are sufficiently greater than the light to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual performance and visibility. There are several kinds of glare, the worst of which is disability glare, because it causes a loss of visibility from stray light being scattered within the eye. Discomfort glare is the sensation of annoyance or even pain induced by overly bright sources. The sudden bright light can be uncomfortable and make it difficult to see. Discomfort and even disability glare can be caused by streetlights, parking lot lights, floodlights and signs.

Figure 1 depicts “What is Light Pollution” and provides examples of light trespass, spill light, sky glow and glare.
Figure 1. Example of useful light and light pollution from a typical pole-mounted outdoor luminaire

Source: Adapted from Institution of Lighting Engineers

Does the Village of West Dundee have a plan in place to ensure that the lighting goals of an environment are appropriately defined and met? In some states legislation is being considered that would restrict outdoor lighting by environmental zone. Environmental zones promise to reduce overall light pollution by helping to limit, or in some cases eliminate, light wastage.
In a letter dated September 29th, 2006, from Robert L. Gamrath of the law firm of Quarles & Brady, LLP, to Jennifer Becker, Community Development official for the Village of West Dundee, it is stated that “Per Village Staff’s request, Wal-Mart is in the process of preparing a photometric plan analyzing the proposed lighting plan for the Supercenter site.”
We would hope that details of this photometric plan would be made publicly available (none was extant as of October 2007) and submitted to independent review by an outside expert. We would like in particular to know what the increase in foot-candles will be at all points from the neighbors’ vantage, which will have a direct impact on the “use and enjoyment” of their property, as well as the potential resale value.
B. Noise Pollution
There is reason to believe that the petitioner’s plan would cause significant noise pollution to the general area and to neighboring residential properties in particular, significantly degrading the “enjoyment” of those properties and negatively impacting both the health and general welfare of the area in particular and the community in general.
According to the World Health Organization (WHO), traffic noise has emerged in recent years as an ever present but often underestimated pollutant in our lives. Environmental noise affects health and well-being physically, mentally and socially. There is ample evidence showing that high noise levels interfere with speech and communication, cause sleep disturbance, decreased learning ability and scholastic performance, increase stress-related hormones, blood pressure changes, ischaemic heart disease as well as the use of psychotropic drugs and medicines.
Road traffic noise is one of the most widespread and growing environmental problems. The impact of road traffic noise on the community depends on various factors such as road location and design, land use planning measures, building design, vehicle standards and driver behavior.
A study financed by Volvo Trucks states that propulsion sound power is greatest at start. Propulsion noise is noise from the engine, air intake, exhaust, cooling systems and transmission. Propulsion noise was found to be approximately 72-74 dBA which puts it at the upper limits, if not exceeding the dBA limit (dependent on octave band), for noise levels permitted in manufacturing and commercial districts that abut residential property, per Illinois State EPA regulations. Further, increased vehicle load demands gear shifting through more gears and prolongs the acceleration and will increase the noise duration.
With the truck access located closest to the adjoining residential properties, they will be impacted by acceleration and deceleration movements required to maneuver through the intersection.
For reference, the Illinois Environmental Protection Act, Title 35, Subtitle H, Chapter 1, states:
Section 901.102 Sound Emitted to Class A Land

a) Except as elsewhere provided in this Part, no person shall cause or allow the emission of sound during daytime hours from any property-line-noise-source located on any Class A, B or C land to any receiving Class A land which exceeds any allowable octave band sound pressure level specified in the following table, when measured at any point within such receiving Class A land, provided, however, that no measurement of sound pressure levels shall be made less than 25 feet from such property-line-noise-source.

Octave Band Center Frequency (Hertz) Allowable Octave Band Sound Pressure Levels (dB) of Sound Emitted to any Receiving Class A Land from

Class C Land Class B Land Class A Land

31.5 75 72 72
63 74 71 71
125 69 65 65
250 64 57 57
500 58 51 51
1000 52 45 45
2000 47 39 39
4000 43 34 34
8000 40 32 32

b) Except as provided elsewhere in this Part, no person shall cause or allow the emission of sound during nighttime hours from any property-line-noise-source located on any Class A, B or C land to any receiving Class A land which exceeds any allowable octave band sound pressure level specified in the following table, when measured at any point within such receiving Class A land, provided, however, that no measurement of sound pressure levels shall be made less than 25 feet from such property-line-noise-source.

Octave Band Center Frequency (Hertz) Allowable Octave Band Sound Pressure Levels (dB) of Sound Emitted to any Receiving Class A Land from

Class C Land Class B Land Class A Land

31.5 69 63 63
63 67 61 61
125 62 55 55
250 54 47 47
500 47 40 40
1000 41 35 35
2000 36 30 30
4000 32 25 25
8000 32 25 25

(Source: Amended at 30 Ill. Reg.5533, effective March 10, 2006)

Given the potential for constant law-breaking noise emission from the petitioner, is the Village prepared to respond to complaint calls in each instance of a violation, or are residents expected to simply accept, due to fiat, that their neighbor will for all practical purposes be allowed to break the law constantly and without recourse?
Is the petitioner’s assumption, therefore, that for all practical purposes they can break the law, because their neighbors will eventually just give up and stop complaining?
The likelihood of significant intermittent noise pollution from the subject property to residential properties is such that there will certainly be “injur[y]” to the “use and enjoyment” of surrounding properties and, thereby, the petitioner has failed the standards for Special Uses.

C. Storm water run-off
Resident concerns about storm water run-off and flooding are serious. Even with the addition of a small strip center at Huntley Road and Tartans, there has been a noticeable increase in storm water run-off and flooding. On this point in particular, we urge the Planning and Zoning Commission, as it is in their power to do, to allow for extra time for an independent review of the petitioner’s plan.
Storm water runoff has two main components: the increased volume and rate of runoff from impervious surfaces (roads, highways, parking lots, and rooftops) and the concentration of pollutants in the runoff. Sediments, toxic metal particles, pesticides and fertilizers, oil and grease, pathogens, excess nutrients, and trash are common storm water pollutants. Many of these constituents end up on roads and parking lots during dry weather only to be washed into water bodies when it rains or when snow melts and is a major contribution to water pollution. Storm water runoff not only affects aquatic habitats, but it can threaten human health by degrading the quality of public drinking water. Runoff from roofs, roads, parking lots, and lawns can contain abnormal levels of heavy metals such as lead and chemical pesticides and insecticides, many of which are carcinogens and can potentially impact human health.
The effect of impervious surfaces on the volume of storm water runoff can be dramatic. For example, a 1-inch rainstorm on a 1-acre natural meadow would typically produce 218 cubic feet of runoff. The same storm over a 1-acre paved parking lot would produce 3,450 cubic feet of runoff, nearly 16 times more than the natural meadow.
Currently, the proposed site contains no amount of impervious surfaces (artificial land surfaces such as pavement and rooftops, which do not allow rainwater to percolate into the soil, but instead it to runoff into surrounding surface waterways). The proposed Wal-Mart site plan would convert approximately 80% of the site into impervious surfaces, such as the parking lot and main store. This conversion of a large portion of the site to impervious surfaces will cause an increase in the volume of storm water runoff.
The second aspect of storm water pollution is the increased discharge of pollutants. As human activity increases in a given area, the amount of waste material deposited on the land and in drainage systems increases. The principal contaminants of concern for storm water fall into seven categories. The following table lists these categories and provides examples.

TABLE 1
Categories of Principal Contaminants in Storm water
Category Examples
Metals zinc, cadmium, copper, chromium, arsenic, lead
Organic chemicals pesticides, oil, gasoline, grease
Pathogens viruses, bacteria, protozoa
Nutrients nitrogen, phosphorus
Biochemical oxygen demand (BOD) grass clippings, fallen leaves, hydrocarbons, human, and animal waste
Sediment sand, soil, and silt
Salts sodium chloride, calcium chloride

Driving a car or truck contributes a number of different types of pollutants to storm water runoff. Pollutants are derived from automotive fluids, deterioration of parts, and vehicle exhaust. Once these pollutants are deposited onto road and parking surfaces, they are available for transport in runoff to receiving waters during storm events. Other vehicle and truck related sources of metals include tire wear, brake pad wear, used motor oil and grease, diesel oil, vehicle rust and tailpipe emissions. Tire ware is a substantial source of cadmium and zinc; concentrations at outfalls often exceed acute toxicity levels. Engine coolants and antifreeze containing ethylene glycol and propylene glycol can be toxic and contribute high biological oxygen demand (BOD) to receiving waters. Vehicle exhaust contributes the nutrient nitrogen to our nation’s waters. Oil, grease, and other hydrocarbons related to vehicle use and maintenance also contaminate our waters. These come from disposal of used oil and other fluids on the ground or into storm drains, spills of gasoline or oil, and leaks from transmissions or other parts of automobiles and trucks. The storm water discharge from one square mile of roads and parking lots can yield approximately 20,000 gallons of residual oil per year. Even gas vapor emitted when filling tanks can subsequently mix with rain, contributing significantly to polluted runoff.
In the Village of Gurnee, Wal-Mart committed to a fully-underground storm water management system after local residents expressed concern about flooding on their properties. Has Wal-Mart considered this option for this property in their on-going efforts to make extraordinary efforts to be a good neighbor, as they have claimed? Or is it generally their policy to provide the least possible protection unless challenged to surpass the standard?
Construction activity is the largest direct source of human-made sediment loads. Since erosion rates are much higher for construction sites relative to other land uses, the total yield of sediment and nutrients is higher. Studies indicate that poorly managed construction sites can release 7 to 1,000 tons of sediment per acre during a year, compared to 1 ton or less from undeveloped forest or prairie land.
Major concerns which will create storm water runoff pollution are increased traffic, both vehicular and truck traffic, and the special use permit requests. Due to the Outdoor Garden Sales Area Special Use, the types of contaminants that can runoff are pesticides, fertilizer, petroleum and grease. How will the city mitigate the pollution in storm water runoff?
Any site design that Wal-Mart proposes for a storm water management system will not be effective in removing all of the bacteria and pollutants from storm water. Over the years, Wal-Mart has had many lawsuits against them for storm water violations; please refer to Exhibit A in this section which is a summary of the enforcement case report from the US Environmental Protection Agency – Office of Enforcement and Compliance Assurance. The most common violation is storm water runoff due to construction. How will the Village monitor this type of violation?
Is Wal-Mart’s policy that leaving their garbage outside is acceptable unless and until their neighbors complain?
Wal-Mart regularly and brazenly stores its garbage outdoors. Pictures have been taken over several months at the East Dundee store, showing storage of garbage and mysterious vats of chemicals stored not only on the impervious surface, but on the grass field behind the store. We can assume they assured the Village of East Dundee that they would not just leave their garbage sitting outside for it to be washed into the ground water. Will the Village be constantly monitoring for this type of violation? Will they respond to every call from neighbors asking that filth not be left outside?
Or is this another instance where neighbors will have to be resigned to the fact that their neighbor will regularly break the law, and there is no recourse?
What we are demonstrating here is not merely that Wal-Mart has been a bad neighbor in the past—but rather that they have not, as they are claiming, made “every effort” to make this proposal a good fit for West Dundee, that it is a “creative” use of land that will not be “injurious to the use and enjoyment” of surrounding properties.
Their pattern of poor stewardship of the public trust demonstrates their policy—we are only asking the Village to recognize that this proposal fits in that pattern.

EXHIBIT A

6. Crime and Safety Issues
The Wal-Mart Supercenter will bring a significant increase in crime to the neighborhood they seek to build in. Wal-Mart stores average some 0.65 complaints to police per day, and this is across all stores, not merely 24-Hour Supercenters. This will irreparably alter the nature of the community negatively, and therefore degrade the “morals” and “general welfare”, thus causing the petition to fail a standard for the Special Use they seek.
In a letter dated 15 June, 2006, from Village of West Dundee Community Development official Jennifer Becker to Director Cathleen Tymoszenko, Ms. Becker wrote,
A lighting plan should be submitted which shields light from Tartan’s and the lights need to be extinguished 30 minutes after closing. This raises the larger issue of hours of operation. Do they intend to be 24 hours? I think this may be an issue concerning the neighbors. We also need to find out when loading docks and refuse pick up will be made in relation to the south portion of the building’s operations.
This was almost two years ago. In two years of negotiations, Wal-Mart has made no effort to address this concern, still intending to be 24-hours and offering a limp pledge to “work with” the Village regarding delivery and trash pick-up hours. Insisting on these extended hours of operation in a structure directly abutting a large, single-family residential neighborhood and a park that is completely dark at night is beyond insensitive and moves into recklessness.
This does not demonstrate the petitioner’s claim that they have worked diligently to be sensitive to the neighborhoods concerns—more so, it demonstrates the petitioner’s desire to get away with as much as possible.
The potential relationship between big box retailers and crime is a common and one of the most important issues raised by citizen groups and local communities. In May 2006, a Wal-Mart related crime study entitled “Is Wal-Mart Safe?” was published (available at www.WalMartCrimeReport.com) lending credence to this concern. This study analyzed police incident reports (calls for service) during 2004 associated with 551 Wal-Mart stores across the United States and included 39 Illinois Wal-Mart locations. In 2004, Illinois police departments received 9,294 calls for service at these 39 locations. The average number of reported police incidents at these Illinois Wal-Mart locations was 238 per year (0.65 calls per day). While the numbers may vary from town to town, the data does support the growing public concern and costs of criminal activity at Wal-Mart Supercenter locations with 24-hour operations. The increased demands of policing Wal-Mart stores have posed serious challenges for communities, even when expanding existing sites. For example:

Ankeny, Iowa police (Des Moines Metro Area) saw a substantial increase in crime once Wal-Mart super-sized to a 207,000 square-foot store in September 1999. Police records show that crimes such as shoplifting, theft, forgery and counterfeiting increased 74% in 2000 at the Wal-Mart Supercenter compared with the smaller Wal-Mart that operated in town in 1999. Police Chief Paul Scranton requested two additional officers to deal with increased workloads in 2000 and the city hired a consultant to study in 2001 whether to hires officers and/or take officers off other duties. [Des Moines Register, July 22, 2000 and Des Moines Register, November 7, 2001]

Dallas, Texas police warned, in an internal Dallas Police Department memo, that a proposed Wal-Mart Supercenter would lead to longer response times. [Dallas Morning News, June 5, 2002]
In case the petitioner intends to claim that these reports or practices are in the distant past or a result of partisan antagonism, we can look at a report from this month. On May 1st, 2008, WMAQ NBC-5 aired a report that found that crime was a bigger problem at Wal-Marts than at comparable competitors, and found that
…Wal-Mart cuts corners when it comes to customer safety.
The Target-5 report continued:
What might have seemed to be an isolated incident was not…in the more than 1,000 reports that we reviewed, a story about failed or non-existent security video emerged. Over and over, victims and the police investigating their complaints were told Wal-Marts cameras were not working or not recording; the spot in question was not covered by Wal-Mart cameras, or there were not security agents working at the time.
Does this show a respect for the community and the store’s neighbors? Or does it demonstrate a desire to do just enough? The report went on to find:
After high profile parking lot abductions and murders, the retail giant was the subject of documentaries and accused in lawsuits of creating an environment which attracts criminals who seek to prey on its customers and failing to use adequate and effective video surveillance.
But is it just Wal-Mart? Or do other big box stores have similar problems? Consider these numbers pulled from police reports filed over the last three and a half years. At this Target in Niles, police responded to five incidents of parking lot crimes committed against shoppers. Just a half mile down the road at this Wal-Mart, the figure is five times higher, at twenty five. In Lansing for all crimes reported both inside and outside the store, police responded to the K-Mart 143 times. Just down the same street, they went to the Wal-Mart ten times more often—one thousand, four hundred and seven times.
Their excuse?
No security system is perfect.
Source: http://video.nbc5.com/player/?id=244001
We have the following concerns with the proposed Supercenter, its 24/7 operation and proposed location.

• Potential additional burden on the Village of West Dundee Police Department. As cited above, police departments have reported or are concerned about an increase in crime at Wal-Mart Supercenters. This additional burden may result in longer response times that will impact public safety city-wide and increased budgetary strain should additional police officers be required to maintain existing service levels/response times. Furthermore, the 24/7 operation of the proposed Supercenter may further exacerbate the situation during late evening hours when crime is likely to be more prevalent; especially on Friday and Saturday nights.

• Proximity to public parks. Huffman Park will just about abut the Wal-Mart Supercenter. The proximity of the proposed Wal-Mart Supercenter to this park will raise questions about the safety of families and children frequenting it. Concerns about safety may be so great these individuals may not even utilize these facilities resulting in personal loss of use.

• Proximity to residential areas. Literally hundreds of families, many with children, live in the immediate vicinity of the proposed store. The proximity of the proposed Wal-Mart Supercenter may increase the frequency of similar, or perhaps more significant, events. Any such increase will compromise homeowner and property safety.

Wal-Mart is not the victim here. They have created this reputation out of their own clear disregard for their own customers and employees, as well as their neighbors. The public perception of the store is not a fabrication, but is supported by hard data pulled from police departments.

Clearly, then, development of this 24-hour, large-scale retailer will be “injurious to the use and enjoyment” of surrounding properties, while also degrading the quality of life in West Dundee and the public perception of the Village as a safe, quiet, Main Street town.

7. Trip Generation Characteristics of Free Standing Discount Superstores, ITE Journal, August, 2006

8. Conclusion
The petitioner’s proposal as it currently stands fails to meet the standards for special uses or for variances. This has been demonstrated point-by-point in section 3 above. On these grounds alone, the Planning & Zoning Commission has the grounds and evidence to send a negative recommendation to the Board of Trustees.
The evidence presented herein also demonstrates that this particular plan does not indicate any desire on the part of the petitioner to “fit in” to the Village, or to be “harmonious” with surrounding properties—a condition, it should be noted, of the building regulations. This lack of harmony will lead to a degradation of the quality of life not only for the immediate abutters, but for a significant portion of the Village of West Dundee. This means that the proposal fundamentally fails the standards it must meet in order to move forward.
The only compelling reason before the Commission or the Board to grant approval to any of the requests by the petitioner is a singular desire for tax revenue. While we obviously support efforts to diversify the Village’s tax base, accepting a plan that so clearly fails any reasonable standards, from a petitioner with a demonstrated history of being a reckless and irresponsible neighbor, is not wise and goes against every practical instinct of land use planning.
We are confident that the evidence presented herein, the testimony and questioning offered at hearing and the letter of the law will lead to a negative recommendation from the Commissioners.