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2003-05-21 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 05/21/2003 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION May 21, 2003 Emmerich Park East—Public address system Chairman Ottenheimer called the hearing to order at 7:30 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Smith Ms. Bocek Ms. Kenski-Sroka Mr. Teplinsky Mr. Khan Mr. Stark Commissioners absent: None Also present: Mr. Michael Rylko, Executive Director, Buffalo Grove Park District Mr. Steven Bloomberg, Attorney at Law Mr. Bob Wagner, President, Bill's Youth Football Mr. Jeff Berman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Memo from Robert Pfeil, Village Planner to Plan Commission dated May 15, 2003 Exhibit 2: E-mail from Father Reszel to Robert Pfeil dated May 15, 2003 re opposition to added noise which would occur if Special Use permit is amended Mr. Bloomberg noted the Village Board referred this petition to the Plan Commission on September 23, 2002. The subject property is park property owned by the Buffalo Grove Park District and used for recreational purposes. The Bill's Youth Football Association is one of the users of this property. The petition requested that the Village consider the expanded use of the public address system for the Bill's Football program used on the subject property. The Village approved a Special Use for a public address system for the Bill's Youth Football Association in 1992. It was approved under ordinance no. 92-81. This ordinance limits use of the public address system to a total of 6 weekend days and not more than 3 weekends per football season and the use can be between the hours of 9:00 a.m. and 5:30 p.m. on Saturdays and noon to 4:30 p.m. on Sundays. The use of the system is restricted to homecoming weekend games, post-season playoff and special tournament games. The ordinance identifies the public address system as consisting of 3-30 watt horn type speakers and 100 watt amplifier. The current system in use on this property consists of 1 speaker and a 200-watt amplifier. The public address system is used only to play the national anthem, to announce the names of the players and other persons involved in each of the games, to report game scores at the end of each quarter and to make emergency notifications. The proposal tonight asks that the use of the public address system be limited to a total of 10 weekends, which would be 8 regular season weekends and two playoff weekends for a total of 48 games. The system is to be used only between the hours of 9:00 a.m. to 5:30 p.m. on Saturdays and noon to 4:30 p.m. on Sundays with the exception of one Sunday for homecoming weekend in which the public address system will be used from 9:00 a.m. to 4:30 p.m. The public address system shall be used only to play the national anthem, to announce the names of the players and other persons involved in each game, to report game scores at the end of each quarter and to make special and emergency notifications. The public address system is also used at half-time shows for less than two minutes for music and announcing cheerleaders and half time music. The public address system is not used for any play by play descriptions of the game. Approximately 5-10 minutes of actual talk is on the public address system during games that last 90 minutes. Mr. Bloomberg stated that in looking at the special use ordinance and the proposed amendment, the key factor to consider is that the system should not produce a sound exceeding a level of 70 decibels which is the restriction set forth in the current ordinance. More, importantly, the 70 decibel restriction is a standard that can be used to follow any activities at any facility within the Buffalo Grove system. He noted it is his understanding that Mr. Gillmeister has recommended that the standard of 70 decibels be something that is included within the ordinance. Two Plan Commission workshops have taken place on this issue. Mr. Bloomberg stated the Bill's Youth Football program has been a community function for many years and that this request is fair, as they are not asking for any play by play announcing. He noted they ask that this program is treated fairly, uniformly throughout the Village and that the standard for enforcement be the same as for any businesses in town. Chairman Ottenheimer stated he is put off by the Park District and Bill's attempt to ask for greater use of the public address system when the testimony was clear and the facts were elicited at previous workshops that the Bills and the Park District together chose to blatantly violate the current ordinance as it is in effect. He stated it is his understanding that there is a new PA system, which exceeds what the current ordinance requires. He stated he also believes the Bill's program and the Park District chose to use the public address system for an amount greater than allowed by the ordinance. Chairman Ottenheimer stated they have blatantly failed to follow the rules and it takes a lot of courage to come before the Commission says that the rules have been violated without care and now we would like to use the system more. He stated he has nothing against the Bill's Football team, which is a great asset to the community. However, he goes on record as stating that he believes that he could accommodate the Bill's request for one or two more games and if the Bill's follow the rules and the ordinance is amended to reflect the new public address system, they can come back the next season and it will then be reconsidered at that point. Commissioner Stark asked exactly what kind of announcements were to be made. Mr. Rylko stated you would hear only the national anthem, introduction of players and coaches, score at end of quarters, concession announcement, and emergency announcements. Commissioner Kenski-Sroka asked if there is any PA systems at the Willow Stream Park for soccer teams. Mr. Rylko stated no. Commissioner Kenski-Sroka asked if there is any PA systems at Emmerich Park West for the baseball teams. Mr. Rylko stated Emmerich West has a PA system that is used five times per year; the fourth of July and all-star games. He noted this ordinance is for Emmerich East. Commissioner Kenski-Sroka asked if there are any other recreational activities within the purview of the Park District that utilize a PA system. Mr. Rylko stated there is a PA system that is used for concerts in the park at Willow Stream Park. Commissioner Kenski-Sroka stated she is also dismayed by the Bills and Park District asking for a variance on this ordinance because they have totally ignored what existed and thumbed their nose at the Village and decided to do whatever they wanted whenever they wanted. Ignorance of the law is no excuse. When the workshops were held Mr. Wagner has indicated he was not aware of any ordinance existence and she finds that intolerable. She stated she does not feel there is any need for this system to be changed in any way, shape or form. Mr. Rylko noted the program has grown in 10 years with more games, teams and participants and also the technology has drastically changed. Therefore, he would ask this be considered. In addition the existing ordinance is enforceable by the Village. Commissioner Kenski-Sroka asked what makes the football team so much different than the little league teams and soccer teams. She asked what the driving force is that is different from this organization and all the other organizations that participate in youth sports in Buffalo Grove. Mr. Bloomberg noted this is a park district, which has the right under the laws of the State of Illinois they have the right to govern the activities on their property, to adopt ordinances and rules concerning the use of the property. Obviously the Park District feels that the use of Emmerich East by the football team is a benefit to the total community. He stated he believes that the Village needs to set a standard relative to noise. Within the ordinance is a limit of 70 decibels, which standard should be applied to this activity on this property, to activities at any other park facility, the automobile dealerships and any other organization within the community so that the statutes are uniformly and consistently enforced. He noted his surprise that the ordinance was set up only for this team at this site and for no other park district property. What needs to be done is the setting of a standard of decibels within the ordinances and enforces it uniformly. Commissioner Kenski-Sroka stated she does not believe there has been a request for a sound system in any other park. Mr. Bloomberg stated that if there is a sound system in any other parks where there are no special use conditions, it would be a benefit to the community to have one uniform standard of 70 decibels so that if there is noise and complaints, there is a standard which can be uniformly enforced throughout the park district system and throughout the community. Commissioner Bocek noted that based on the criteria for granting a special use, one of the requirements is that it will not be injurious to the use and enjoyment of other properties in the immediate vicinity of the subject property. She asked why this special use should be granted and what benefit it would be to the community. Mr. Bloomberg noted modern technology has changed in the 12 years the special use has come into effect. He noted the current use being requested as far as the equipment is less invasive and will pose a lesser problem as far as decibels of noise. In effect it would be establishing a better criteria than the one established 12 years ago. We are saying we want to update the ordinance, we would like you to maintain the 70 decibels which is currently in the ordinance as the standard and allow the new equipment to be inserted which will cause less of an invasive noise factor to the adjoining residential community. Commissioner Smith stated he feels it is wrong to hold past discretions against the Park District and Bills. He stated we should go forward and try to settle things for the future. People ignore ordinances all the time and go unnoticed. We need to move forward at this time. He asked what would be the negative impact on the Park District program and Bills football by not allowing the sound system. Mr. Rylko stated that besides adding to the program and the environment, the football league must have a PA system in order for them to host a post season game. 14 of the other 17 communities all allow PA systems and about half of them do play by play. There would also be problems in emergencies or cases of lost children. He stated he would also suggest the ordinance be redrafted to eliminate the equipment issue, which can change very quickly. It perhaps should just be based on an ordinance that can be enforced which is the decibel level reading. He noted he did do a test of the present PA system with Ghida Neukirk, Assistant Village Manager, and Bob Wagner. The decibel meter reading instrument used was checked at the bridge on Raupp Boulevard that showed the system to be within 59-62 decibels which is far under the 70 decibels allowed. The traffic on Lake Cook Road was louder than the use of the PA system. Commissioner Smith asked if he knows for a fact that play by play was not done in the past. Mr. Rylko stated he was not out every single week and on days he was out there, there was no play by play given. Commissioner Smith noted he has spoken to some people who attended some games who have said there is the occasional play by play done. Commissioner Smith asked how this would be enforced if granted. Mr. Rylko stated they are not asking for play by play and the ordinance makes the Village responsible for enforcing it. If the Village does not want to do so, they could turn it over to the Park District and they will develop policies and procedures for that. Commissioner Samuels stated he does not know why there is such an issue over the 70 decibels, which is part of the current ordinance. Mr. Rylko stated that is correct. Commissioner Samuels stated the problems or complaints have not been due to the decibel level being exceeded, rather that the use is excessive. Mr. Rylko stated it is probably accurate that it was used more so the complaints came into the police and that is when it stopped. Commissioner Samuels noted the rational for the original ordinance was that the Bills could not hold playoff games unless they had a PA system. He noted that is still the only rule the organization has. He asked what then has changed. He asked if there are more weekends of playoff games now. Commissioner Samuels noted that the present ordinance gives enough time to hold all of the playoff games. All that is being asked for is to add the announcements for all of the home games as opposed to just all the home playoff games. Commissioner Samuels further noted that one of the rationales for the original ordinance to allow the PA system for playoff games was the fact that these occur by November and by then the outdoor activities in the neighborhood were curtailed. What has now changed to have the Commission make a change in the ordinance at this time? The noise level is not an issue. Mr. Rylko stated there are now more teams and if noise is not an issue, why not allow the regular season games the opportunity to have the PA system used to introduce the team and play the national anthem. The crowd noise is louder than the PA system in any case. Commissioner Smith asked if playoffs will still be allowed if the PA system is not used all the time. Mr. Wagner stated that has never come up before. The by-laws will not allow playoff games without a PA system. Commissioner Teplinsky asked if special notifications are the announcements for concessions. Mr. Rylko stated yes. Commissioner Teplinsky noted he would be concerned that allowing that would become akin to hawking whatever is sold at the concession stand with greater frequency than anticipated. Mr. Rylko noted it would be part of the special notifications and would usually be done at half time or at the end of the game before the next game starts. Commissioner Teplinsky asked what the detriment to the program is if they are unable to host as many playoff games as they would like to host. Mr. Rylko stated hosting post season games and conference homes games here also brings in some economic value to the community as most people will eat at restaurants in the area. Mr. Wagner stated home field advantage is always good. Economically, it certainly helps the program. He stated they are self-supported and self funded. The fact is that the concessions bring in a lot of money. The program itself does very well but hosting playoffs bring many people in to view the village and its attributes. Commissioner Teplinsky asked if he could quantify the amount of dollars brought in for a playoff game. Mr. Wagner stated on a playoff weekend they would do at least a minimum of$500 per game in concessions. This brings in an extra $2,000 to the program. Commissioner Teplinsky asked if the lack of a PA effects the Bill's ability to have home games during the regular season. Mr. Wagner stated no one has ever been without a PA system. He stated they do not do play by play and never have. Commissioner Teplinsky asked if staying with the current ordinance as drafted and limiting the number of weekends to the three allowed now, would the Bill's still be able to host playoff games and a full complement of home games. Mr. Wagner stated the league has never had to address this problem and he cannot say with surety if they would come to him with such a problem. Mr. Bloomberg stated the Supreme Court case of Wilmette vs. Wilmette stated that Park Districts and Villages should get along. The Park Board has decided that the use of Emmerich Field for football is a worthwhile recreational activity on the property. That determination is to be made just by the Park District. Sound and the effect it has on the welfare of the residents is within the province of the Village. He stated he feels it is very important to have one standard applied throughout the Village and incorporate it within the Park District's rules and regulations so that any activity in any park does not exceed 70 decibels. That is the standard should be enforced and not how many times the PA system is used. Commissioner Khan asked which Village department has the responsibility for enforcing this ordinance. Mr. Pfeil stated it is usually a cooperative effort between the Police Department and Building and Zoning. Building and Zoning would typically take complaints, but the Police would do the enforcing for this type of ordinance. Commissioner Samuels stated he thought the issue here was time and reasonableness of the time and use and days. Is it the Park District's position that they should be able to put 70 decibels out of any of their parks anywhere in the Village, 24 hours per day? Mr. Bloomberg stated ordinance 9.38.020, which prohibits noise, is the ordinance of the Village of Buffalo Grove. Commissioner Samuels stated it is your suggestion that that ordinance be replaced with a 70 decibel standard and as long as the 70-decibel standard is not exceeded, then noise should not be prohibited. Mr. Bloomberg noted that within the current ordinance there are specific times specified and they would be complied with in addition to the 70 decibels. Mr. Rylko stated Mr. Bloomberg was speaking to the existing Chapter 9.38.020 — the noise ordinance of the Village of Buffalo Grove and not the Special Use ordinance. Commissioner Samuels asked if Mr. Bloomberg was suggesting the ordinance change only by adding the 70 decibels as the standard by which it is measured. Mr. Bloomberg stated that was correct. Commissioner Kenski-Sroka stated she thought this was a public hearing to discuss a special use permit, not to rewrite the Village ordinance on noise. She stated the Village ordinance is not an issue they can address at the Plan Commission, rather it would have to be addressed at the Board level. What we are here to do is to look at the Special Use permit which must consider how the neighborhood is impacted. Chairman Ottenheimer noted the sole issue before the Plan Commission is the Bill's desire to continue operating at the 70-decibel level, but they would like to do so more often. Mr. George Krug, 297 St. Mary's Parkway, asked if the 70 decibels are measured at the speaker, at the end of the field or beyond the property. Mr. Bloomberg stated it is measured at the property line. Mr. Krug asked if it has ever been tested and is there any specific data from a certified acoustical engineer. Mr. Rylko stated a certified engineer has not tested it although they did use a decibel meter reader. Ghida Neukirch, Village Assistant Manager and himself conducted the test. He stated the testing they did that day ranged from 58-62 decibels. Mr. Krug stated it is perhaps time for the Bills to move on to Busch Grove Park since they grown and tripled in size. They would have more room there and the homes are further apart from the speakers. Other communities have nice speakers and such, but houses do not surround them. Mr. John Tekoris, 199 Raupp Boulevard, stated this property at one time was on a ballot to be condemned so that the Park District could be purchased as an inactive green park. It has not been inactive and green since five years after it was purchased. The desire to announce cheerleaders has not been discussed tonight. This park was supposed to be for the local residents and community and he does not see what it has done for the local neighborhood. Mr. Ed Domski, 39 Crestview Terrace, stated during the summer there are baseball, football games, etc. He stated there is enough noise from the crowds and beeping horns and yelling and screaming. Mr. Steve Peart, 315 Checker, stated he lives for this kind of stuff and enjoys listening to the PA system, to go down with his children to watch the football games. He stated it was all part of the neighborhood and they would have people come over and sit in the yard and listen to the games. They never looked at this as a negative and were never loud enough to be invasive. Mr. Joe Cooper, 1342 Brandywyn, stated he became a coach three years ago and the program has grown. He stated this is a relatively young community and the biggest way to stop the growth of a community is to cut off youth programs. This is an integral part of the Bills. If this town wants to continue to grow and have families move in, they must not cut this program off which is essentially what would be done. Having the PA system so that the program can grow and having more kids involved and keeping this town youthful is very important to Buffalo Grove. Mr. Ed Domski stated Mr. Peart just stated he could hear the football games from his house at 40 Crestview Terrace proves the point that the noise is too loud. Mr. Steve Peart noted that most of the time what he heard was the commotion of the game, the whistles, the playing and the parents. You did not hear the PA often at all. You heard the game and that was the entertainment. Mr. Todd Gitlin, 20689 Plumwood Drive, Kildeer, stated he is also involved in the Bill's Football league as a coach. He stressed the joys when the kids names are announced and stressed this whole thing is about the kids. He noted soon they will be asked to cut out the whistles for the games or tell the parents to stop cheering, etc. He asked where does the noise stop. Mr. Lou Alfano, 12 Katherine Ct., stated this activity teaches diverse kids to play and get along with each other. He stated we should be grateful that these kids have things to do instead of getting into trouble in the community. Mr. Steve Margolis, 200 Thompson, stated he helps run the concessions for Bill's Youth Football. The Village and the league have benefited from the profits of the concessions. Mr. Joe Arvidson, 804 Tanglewood Drive, Wheeling, stated there are dying sports activities even in Wheeling. He noted he has brought over at 20 kids from Wheeling to play in this great place. He asked if people would now complain about high school football games and shut them down. He asked the Commission to please examine this carefully and do not stop utilization of the PA system. Mr. Steve Flanagan, 179 Raupp Boulevard, stated he does not believe any of the neighbors have tried to stop athletics or football in the community. The purpose of this program is to teach kids how to play football, how to use teamwork, and how to work together and cooperate. There is nothing that requires a PA system in order to play the sport. He further noted the league has the right to use the system three times per year. There has been no showing of a need to use the system at any other times of the year, except for a desire to use the system. In the meantime, the residents in the community have a desire for some peace and quiet. It is true the noise from the games can be heard, but that does not mean we have to allow other intrusions as well. The whole basis of zoning ordinances was to provide residential communities with peace and quiet. Finally, this is a special use, which says this was already recognized as an imposition on the residents. To come in and say that we have grown and you must let our imposition grow is not the way it works. Usually the special use is to limit the imposition. Mr. Jay Kernes, 4037 N. Harvard Avenue, Arlington Heights, stated there is a lot of competition for youth football activities in terms of making it better, more attractive, and more appealing to the kids that play. All of the other programs have similar facilities in which to attract the kids and promote them in a better manner. The choice of which league to go to is many times based on the kids' perceptions of the program, how it is displayed which a PA system provides is taken into account. It would have a serious detriment to having the membership of this program continue the way it has without use of the PA system. All of the other communities we play with have significantly better facilities than we do. Ms. Maryann Krug, 297 St. Mary's Parkway, noted the premise of this meeting was to decide whether we should allow more access to the PA system. We have not yet noted they have ignored the rules and did what they wanted. Are we going to let them continue? Without rules in society, there is no society. The rules state so many days only. Ms. Rose Wagner, 4216 Harvard, Arlington Heights, stated one of the main reasons for moving here was the Bills program. These kids have been encouraged to do something more than just sit home or going to the mall. The PA system brings excitement to the program for the kids to play as well as the kids who come to watch their friends play. To take away the PA system may not eliminate the game but it will eliminate part of the excitement and it will eliminate part of the reason the kids try to part of this program as well. Mr. Bob Wagner, 4216 Harvard, Arlington Heights, stated the program is for the kids. They have a first class program and the PA system does make a difference. This is not just football, but a production. Flags are out, there are concessions as well as cheerleaders and all of the towns are a production. It makes the kids feel special. He stated they have never had one complaint until the last game of the 2001 season. He did not know there was an ordinance because no one had ever complained. When they found out about the complaint, the year was over. The following year he did not violate the ordinance and did what he was told by the Village Board and the Park District and they were never intentionally in violation of that ordinance. He stated they have 200 kids in the program and they do not overflow park, they do not have issues with parking in the neighborhood and the sound of parents cheering at a touchdown is louder than anything done on the PA. The PA system adds to the game. It is important to the kids and the program. It is part of the by-laws that they must have a PA system in order to have playoff games. Mr. Gary Gillmeister, 196 Raupp Boulevard, stated in the past the need for a PA system was to qualify the field for playoff games. There was a compromise as to how this would be handled and there was never any defiance to move the youth commission out. There is no defiance now to move anyone out. What was agreed to was that PA system for playoff games. There has been no need presented by anyone now for greater PA system use. The residents put up with a lot of noise for nine months out of the year. To add full amplification for special announcements does not seem to have any justification. The Park District had a responsibility, as the landlord that the rules were understood when a permit was issued. The residents live here every day and simple respect is required. Bill's Youth Football will not go away if they are not granted full use of a PA system. The ordinance was put into place because the residents were already overburdened. There are thousands of people that come into the neighborhood weekly. He stated they are not asking that any of the activities are stopped but simply controlled. There has been mention of the concessions being important for revenue. However, there are excess funds in these organizations that can be used. Is $500 per game worth the disruption to the quality of life for the residents? Mr. John Teckorius, 199 Raupp Boulevard, stated he has called the police department 10 times per month with complaints, as have other neighbors. Ms. Vicki Chmielewski, stated she has been involved in the Bill's for a long time and has never gotten a complaint from the police department. She stated she was always in communication with them. She noted she wrote to the police chief and never got news of complaints. In addition, there was never any play by play. Mr. Raysa stated the Park District should be given a copy of that e-mail Mr. Rylko stated he has seen the e-mail and has tried several times to talk to Father Reszel. Mr. Wagner stated he has spoken to Father Reszel and the opposition is his own opinion and not that of the parish or church board. Mr. Bloomberg stated the comments made and the testimony given has clearly demonstrated that the Bill's Football program has been a major success for that organization and also for the residents in this community. The only thing being asked for is to increase the number of times the amplifier is used. They are also asking that the ordinance be amended so that the new standard amplifiers are included within the special use so that they are in conformance with what they are actually using under the special use. The most important thing is that any noise from any activities does not exceed 70 decibels. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 9:10 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 05/21/2003 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION May 21, 2003 Emmerich Park East,Amendment of Special Use concerning Use of a public address system in the R-3 District Chairman Ottenheimer called the meeting to order at 9:10 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois Commissioners present: Chairman Ottenheimer Mr. Samuels Ms. Bocek Ms. Kenski-Sroka Mr. Khan Mr. Teplinsky Mr. Stark Commissioners absent: None Also present: Mr. Michael Rylko, Executive Director, Buffalo Grove Park District Mr. Steven Bloomberg, Attorney for Park District Mr. Bob Wagner, President, Bill's Youth Football Association Mr. Jeff Berman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner APPROVAL OF MINUTES Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka to approve the minutes of the public hearing of January 8, 2003. All Commissioners were in favor of the motion and the motion passed unanimously. Moved by Commissioner Kenski-Sroka, seconded by Commissioner Smith to approve the minutes of the public hearing and regular meeting of January 15, 2003. All Commissioners were in favor of the motion and the motion passed unanimously. Moved by Commissioner Bocek, seconded by Commissioner Kenski-Sroka to approve the minutes of the regular meeting of February 19, 2003. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioner Samuels abstaining. Moved by Commissioner Kenski-Sroka, seconded by Commissioner Smith to approve the minutes of the public hearing and regular meeting of March 5, 2003. All Commissioners were in favor of the motion and the motion passed unanimously. Moved by Commissioner Kenski-Sroka, seconded by Commissioner Bocek to approve the public hearings and regular meeting of March 19, 2003. All Commissioners w3ere in favor of the motion and the motion passed unanimously. COMMITTEE AND LIAISON REPORTS Commissioner Smith attended the Village Board meeting on May 19, 2003 where two issues were proposed and referred to the Plan Commission: 1. Park District proposal for Safety Town and a maintenance building west of Buffalo Grove Road, south of Aptakisic 2. Major project north of Aptakisic, east of Prairie, west of the railroad tracks, small area south of Aptakisic proposed by Jacobs Homes as a multi-use of apartments, senior housing, cluster homes, commercial, multi-family. Commissioner Bocek attended the Village Board meeting on May 5, 2003 where Trustees Berman and Trilling were appointed the Plan Commission liaisons. Commissioner Stark attended the Village Board meeting on April 21, 2003, which had nothing pertinent for the Plan Commission. EMMERICH PARK EAST, AMENDMENT OF SPECIAL USE CONCERNING USE OF A PUBLIC ADDRESS SYSTEM IN THE R-3 DISTRICT Moved by Commissioner Samuels, seconded by Commissioner Smith to recommend approval to the Village Board of the petition for amendment of the Special Use in the R-3 District concerning use of the public address system for athletic events, as testified to by the witnesses and exhibits introduced at the public hearing and that the Park District be allowed to let the Bill's use the PA system during the same hours that they are presently permitted to use them for playoff games as well as all games. Mr. Raysa suggested that the motion should include all the items requested by the petitioner in the memo dated January 31, 2003 from Michael Rylko of the Park District. Commissioner Samuels then restated the motion to include the specific items requested in the memo from Michael Rylko dated January 31, 2003 to allow the public address system to be used on those occasions as stated before and also to allow the public addressed to be used to play the National anthem, to announce the names of players and other persons involved in each game, to introduce cheerleaders at half-time for the half-time entertainment, to report game scores at the end of each quarter, and to make special and emergency notifications by virtue of an upgraded sound system consisting of one portable speaker and 200-watt amplifier, provided it does not exceed 70 decibels at the property line at any time. The amended motion was seconded by Commissioner Smith. Commissioner Smith stated the problem is that the special use criteria must be met. The special use states, "the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property." That criterion has not been met. It is injurious to some people and therefore he will have to vote against this issue. Commissioner Kenski-Sroka stated she rejects the notion that the program will cease to exist merely because the PA system would not be in effect for every single game for the whole season. That is not an argument that holds up under the criteria for special use. It robs the neighborhood and the people therein of the ability to enjoy their property which they have invested in. Therefore, she cannot support the motion. Commissioner Samuels stated he has not heard evidence that there has been a change in circumstances to warrant a change from the special use. The evidence is exactly the same as it was on the date that the special use was enacted. The fact that crowd and traffic noise exists is irrelevant. The issue is strictly the PA noise and that is all that the ordinance addressed and it makes no difference if there is other noise. There is no evidence that the program would be injured by non-use of the PA system and, in fact, the director stated they did not use it last year. He further noted that what needs to happen here is to have representatives from both sides get together and work things out. He also encourages the Park District to go back to the Village Board and say that they think this ordinance should be rescinded in its entirety as there is no reason to treat this park differently than any other park in the Village and that we should be held to the same noise standard as any other entity in the Village. Chairman Ottenheimer stated the Bill's are clearly an asset to the Village and the kids. However, he cannot support the proposal because he does not believe the specific criteria for change of a special use has been met. Trustee Berman stated it would be helpful for the Village Board if there could be comments from the members on the Plan Commission on the individual categorical elements of the request. The petitioner is also asking for a change in the number of days they can use the PA system, different types of uses and also a change to accommodate the new equipment they have on hand. Commissioner Khan stated he is torn between yes and no on this issue. He noted he is disturbed by the fact that the ordinance was not obeyed. Both the Park District and the Bill's should have been good citizens in this matter. Commissioner Teplinsky stated that if he thought the restrictions on the PA system would have an egregious detrimental effect on the Bill's Youth Football program then he would be troubled. However, he has not really heard anything to be terribly credible that indicates that restricting the number of days to use the system would have such an effect. He stated he does not believe the petitioner has met the burden under the applicable criteria. He noted the issue he has is the number of days and weekends they want to increase the use of the PA system. He does not want to add to the burden already faced by the residents. In addition, he noted some concern about adding special announcements in addition to emergency announcements. It is vague and not in keeping with the intent of expanding the use. Chairman Ottenheimer stated he echoes Commissioner Teplinsky's comments. He noted he is also unclear about the point "to announce the names of players and other persons involved in each game." That would need to be clarified. Commissioner Samuels stated he agrees with these comments. "special announcements" is too vague and needs tightening. He stated he does not like the additional days use without some kind of agreement or compromise with the residents. He also stressed that the rules of the league do not control the issue here. This was a compromise and the Board went along with the compromise. Commissioner Bocek stated she has two concerns. One is with the increased number of weekends. In general she stated she does not have a problem with the proposed use of the PA during games. However, with the additional people, cheerleaders and players, the amount of time per game will increase PA use, which would also be an irritant to the neighbors. Commissioner Smith stated he has no problem with the five requested uses for the PA system. His only concern is with the number of days. The three weekends during the playoffs, whatever the uses, are fine. Mr. Raysa noted there was also a request to conform the equipment to the existing equipment that is being used. Chairman Ottenheimer stated the current equipment is not compliant with the current ordinance. However, given the state of technology and how it continues to change, he personally has no problem as long as the decibel level required by the ordinance is not exceeded. All Commissioners were in agreement with use of the current equipment. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Stark NAPES: Samuels, Smith, Bocek, Kenski-Sroka, Khan, Teplinsky, Ottenheimer ABSTAIN: None ABSENT: None The motion failed, 7 to 1. Moved by Commissioner Samuels, seconded by Commissioner Kenski-Sroka to direct findings of fact and conclusions of law. All Commissioners were in favor of the motion and the motion passed unanimously. CHAIRMAN'S REPORT Chairman Ottenheimer noted the new form of the meeting stating some issues may need some clarification. Mr. Raysa stated he was very proud of the Commission and the way they keyed in on the special use requirements in their comments. FUTURE AGENDA SCHEDULE Mr. Pfeil said the next meeting will be a special meeting on May 28, 2003. PUBLIC COMMENTS AND QUESTIONS—None NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 9:52 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair