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Friday, September 27, 2024

Village of Bartlett Committee of the Whole met May 7

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Village of Bartlett Board of Trustees | Village of Bartlett

Village of Bartlett Board of Trustees | Village of Bartlett

Village of Bartlett Committee of the Whole met May 7

Here are the minutes provided by the committee:

1. CALL TO ORDER

President Wallace called the Committee of the Whole meeting of May 7, 2024 of the President and Board of Trustees of the Village of Bartlett to order on the above date at 7:45 p.m.

2. ROLL CALL

PRESENT: Chairmen Deyne, Gandsey, Gunsteen, Hopkins, LaPorte, Suwanski, President Wallace

ABSENT: None

ALSO PRESENT: Village Administrator Paula Schumacher, Assistant Village Administrator Scott Skrycki, Sr. Management Analyst Samuel Hughes, Human Resources Director Janelle Terrance, Finance Director Todd Dowden, Director of Public Works Dan Dinges, Assistant Public Works Director Tyler Isham, Village Engineer Nick Talarico, Planning & Development Director Kristy Stone, Assistant Golf Pro Paul Galvan, Police Chief Geoff Pretkelis, Deputy Chief Rob Sweeney, Deputy Chief Will Naydenoff, Village Attorney Kurt Asprooth and Village Clerk Lorna Giless.

3. TOWN HALL: None

4. STANDING COMMITTEE REPORTS

A. LICENSE AND ORDINANCE COMMITTEE, CHAIRMAN HOPKINS

1. Amend Municipal Code Regarding Noise Limitations

Chairman Hopkins introduced the item.

Deputy Chief Sweeney added that this ordinance would give teeth to enforcing noise complaints in the village. Currently, our ordinance only applies to the commercial and business districts. We get most of our calls in residential areas, so we give violations but have no recourse if it continues. This would not be an increase in violations or enforcement action. We would still allow violators to abate the noise, but this would give the officers the ability to write a violation if it continued to occur. Currently, the only option officers have is a disorderly conduct violation, which is kind of a stretch for a noise violation. With that, we are also asking for an amendment in the amplifier regulations to clean up some of the language that is already preexisting and remove the special use permit for noise violations. We have amplifier permits that are requested when there is an exemption to that rule, so we do not need a special use permit.

Chairman Suwanski asked about the citation.

Deputy Chief Sweeney stated it would be a local ordinance citation, and they would have to go to Rolling Meadows for court.

Chairman Suwanski asked about the fine. 

Deputy Chief Sweeney stated there would not be a fine. It would go before a judge, and they could either impose a fine, community service, or come to another resolution.

Chairman Hopkins asked if we could make the citations come to our local adjudication vs. Cook County.

Chief Pretkelis said that would be possible. We would just have to work with the attorney to make those changes.

Chairman Hopkins asked if that would be more appropriate.

Chief Pretkelis stated certainly, and we could look into the pay-by-mail option if we wanted to as well.

Chairman Hopkins says, hypothetically, what if I was listening to music in my backyard, my neighbor doesn’t like me and calls the cops. In that time, I turn off the music and go inside. Could he be cited for that?

Chief Pretkelis stated the ordinance is changing for sound emitting 50 feet from a property line or a vehicle. In 2023, the police department responded to 284 calls for noise. Many of these calls are in residential areas, and we have no enforcement action. Ninety-two of those complaints are coming from the Bartlett Lake Apartments. We have been meeting with them on a regular basis, and they have been voicing their concerns with us because when they call, we can’t do anything about it. When we get a call, we would first ask them to abate the noise. If it continues, then we would have this new tool in our toolbox to help with enforcement.

Chairman Suwanski asked if this is mostly just for music.

Chief Pretkelis stated it is noise from parties and music.

Chairman Suwanski confirmed that the sound has to reach past the 50’ barrier. If you are in an apartment, you will be within 50’.

Chief Pretkelis stated a citation is the last option, and we would try to get them to reduce the sound levels.

Chairman Gunsteen asked how this compares to surrounding cities.

Chief Pretkelis stated most include residential, so it would put us in line with them. Ours is modeled after the City of Aurora. We think that this ordinance would reduce the number of complaints over time.

Chairman LaPorte stated most lease agreements have time restrictions for quiet hours. He also agreed with moving it to the local court.

President Wallace stated he would like to see the numbers on noise calls for this year to see if they are being reduced.

Chairman Gunsteen asked what the fee would be.

Attorney Kurt Asprooth stated $750 is usually the max we will cap it at.

The item was forwarded on to the Village Board for a vote.

B. PUBLIC WORKS AND GOLF COMMITTEE, CHAIRMAN DEYNE

1. Tree Preservation Discussion

Chairman Deyne introduced the item.

Planning and Zoning Director Kristy Stone explained that about a month ago we received a call about trees being clear-cut on an open lot. The current village ordinance only requires a tree preservation plan once someone submits a development application. If someone doesn’t submit a development application, they do not need to follow the tree preservation ordinance. We did a survey and got a lot of results back. They seem to vary widely from being incredibly restrictive to very lax and only covering parkways, parks, etc.

In the past, we have only required tree preservation along perimeters of development. In keeping with that, if the board wants to enforce this for the development sites that are still out there, if they would like to enact an ordinance, we could keep a 50-foot tree buffer on all sides until we get a development agreement. We do not want to do anything overly burdensome because many times developers want to see what the property will look like before they purchase.

Chairman Deyne asked about the site on Rt. 59 and Lake St. with what staff is proposing.

Ms. Stone stated you would not be able to see the rear of those townhomes. If they wanted to remove trees, we would ask that they turn in a tree survey, have it reviewed by the village forester to see what kind of species they are, the quality of the trees, etc. We would still give them flexibility, but we would want to have more information upfront.

Chairman Gunsteen asked if this is related to residential property at all.

Ms. Stone stated no. We do not want to be involved in whether a resident can cut down a tree or not.

Chairman Gunsteen asked if there was a landscape ordinance reviewed if they are removing trees so they are added back in.

Ms. Stone stated that is correct, they have to submit a landscape plan but this is just in the meantime so there is a buffer so the residents are not shocked. This would only apply to properties butting up to residential properties.

Chairman Hopkins stated 100-year-old oak trees are more meaningful than a young oak tree, so it would help preserve old trees.

Chairman Gunsteen stated until such time that a developer comes in and needs to remove them for their development.

Ms. Stone stated at that time we would be looking to see what we could try to save based on the plans.

Chairman Gunsteen asked what the repercussions would be if they cleared the lot without our permission.

Ms. Stone stated it would be a violation up to $750.

Chairman Hopkins asked if we can change it or we could make it $750 per day.

Ms. Stone stated that is correct.

Chairman Gunsteen stated he is torn because he develops properties and in Elgin where Biggers Chevrolet is, they literally had to redesign their entire parking lot to preserve a tree.

Ms. Suwanski stated she believes this is just the buffer before development.

Chairman Gunsteen stated it's just a lot looser than other communities.

Chairman Gandsey asked if everything on the map in red has a tree line.

Ms. Stone stated not necessarily.

Chairman Hopkins stated he thinks it would help the board make better decisions and help the residents near these areas.

Chairman LaPorte asked about the sites on the map. Can we have our arborist take a drive by some of these sites just to see what is out there and add it to the notes.

Ms. Stone stated the problem is things change over time and she doesn’t necessarily know where that property line is.

President Wallace thought this ordinance was a great idea.

The item was forwarded on to the Village Board for a vote.

5. ADJOURN TO EXECUTIVE SESSION

A. To Discuss Purchase or Lease of Real Estate Pursuant to Section 2(c) 5 of the Open Meetings Act.

C. ADJOURNMENT

https://www.bartlettil.gov/home/showpublisheddocument/14667/638519658645500000