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1978-12-11 - Village Board Committee of the Whole - Minutes . SUMMARY OF COMMITTEE OF THE WHOLE OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD MONDAY, DECEMBER 11 , 1978, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. The meeting was called to order by Village President Edward A. Fabish at 7:35 P.M. Those present were President Fabish, Trustees Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel . Also present were William Balling, Village Manager; William Raysa, Village Attorney; Thomas. Fennell , Building Commissioner; and Corporal Gary Del Re of the Crime Prevention Bureau of the Police Department. ANTI-BURGLARY SECURITY CODE The Board reviewed a draft of an Anti-Burglary Security Code which had been proposed by the Crime Prevention Bureau of the Police Department. Said code was proposed to safeguard property and public welfare by establishing minimum standards of physical security (such as certain locks and burglar resistant glazing material on windows) for all new residential • dwellings. Mr. Fennell reviewed his memo, dated November 22, 1978, regarding the relationship to the proposed ordinance to existing building codes and fire safety procedures. Plan Commissioner Barbara Sheldon reviewed the Plan Commission report, dated December 6, 1978, recommending enactment of the proposed ordinance. Corporal Del Re reviewed the need for the ordinance. During the discussion, the following changes were made: 1 . Any reference to a double cylinder locking device was changed to single cylinder. 2. Operation of deadbolt lock was changed from key cylinder to single cylinder. 3. For sliding patio doors, requirement of "Charlie Bar" was changed to slide bolt. 4. Reference to louvered windows not being permitted on accessible windows was deleted. Also, during the discussion, the following points were made: 1 . Cost of locks and installation of same would be between $125 and $150. 2. Ordinance would effect construction of buildings receiving building permits after the effective date of the ordinance. The Board asked that the ordinance be put in final form in accordance with the discussion this evening, and that it be placed on the January 8, 1979, agenda for Board consideration. COMMITTEE OF THE WHOLE DECEMBER 11 , 1978 PAGE TWO ZONING ORDINANCE AMENDMENT RE PARKING President Fabish asked the Board if they would reconsider adopting an amendment to the Zoning Ordinance to regulate parking of RVs and commercial vehicles in a residential neighborhood, and instead live with the present ordinance and handle parking problems on a complaint basis. He then polled the Board, "Yes" indicating favor of his suggestion and "No" indicating opposition. The poll found the following: YES: 1 - Bogart NO: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel Lengthy discussion took place during which 1) the Deerfield and Skokie ordinances were reviewed, 2) possibility of ordinance not affecting presently owned RVs, and 3) legality of the proposed ordinance. President Fabish polled the Board to determine their thoughts with regard to the Deerfield Ordinance. The poll found the following: RECH: Favor Deerfield Ordinance with modification to regulate length of vehicle. BOGART: Favor Deerfield Ordinance as is. MARIENTHAL: Favor Deerfield Ordinance with modification to regulate length of RV. Still have to address commercial vehicles. STONE, MENDENHALL, KANDEL: Favor Deerfield Ordinance with modification to regulate length of RV and to require set back from sidewalk. President Fabish polled the Board to determine the length of RV that would be permitted. The poll found the following: 28' - 4 - Rech, Stone, Mendenhall , Kandel 42' - 1 - Bogart 30' - 1 - Marienthal It was noted that this length would not include the tongue, but that the tongue would not be permitted to encroach on the sidewalk. President Fabish polled the Board to determine the distance that would be required between the inside edge of the sidewalk and the RV. The poll found the following: 2 ' - 2 - Rech, Kandel 1 ' - 3 - Marienthal , Stone, Mendenhall 1../ ABSTAIN - 1 - Bogart � u COMMITTEE OF THE WHOLE DECEMBER 11 , 1978 PAGE THREE Discussion now turned to commercial vehicles. Section 3.8-2 of the proposed draft ordinance permitted one commercial vehicle up to the following size: length - 18' , width - 8' , and height - 7' . Evidence was presented that showed that a Ford mini-dump truck would meet those requirements. Lengthy discussion followed regarding the possibility of permitting that type of truck only if it is owned by the owner of the property on which it is parked, and the possibility of creating two classifications of trucks and permitting parking of only one of the classifications. President Fabish polled the Board, "Yes" indicating favor of Section 3.8-2 as drafted, and "No" indicating opposition. The poll found the following: YES: 4 - Rech, Marienthal , Stone, Kandel NO: 2 - Bogart, Mendenhall Ordinance is to be drafted in accordance with discussion this evening and will be placed on the January 8, 1979, agenda for referral to the Plan Commission for public hearing. 9:40 P.M. - The President declared a recess. 10:00 P.M. - The meeting resumed. CONDOMINIUM CONTROL ORDINANCE Mr. Fennell reviewed the draft of a proposed Condominium Control Ordinance modeled after the one adopted by the Village of Skokie. The ordinance required 1) developer to reveal information concerning who is involved in the condominium, explanation of legal documents and their ramifications, construction schedule, condition of the physical plant and cost to bring it up to usable condition, 2) developer must appear before the Village Board to request any code modifications associated with a conversion, 3) notifica- tion to existing tenants, and 4) rentalarrangement whereby the purchaser is protected should the project not be completed on schedule and that some of the rental payment be applied to final purchase price. Mr. Raysa said there is question if a non-home rule community has the power to enact such an ordinance. He also questioned if the Board wanted to get involved with requiring property reports, escrow, and warranties which could be considered writing contracts for prospective purchasers. He noted that this ordinance applies to all condominium conversions whether it be 1 unit or 200. He was also concerned about the penalty provision and how effective it would be. President Fabish polled the Board, "Yes" indicating favor of pursuing an ordinance to control new condominiums, and "No" indicating opposition. The poll found the following: �••� YES: 0 - None NO: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel COMMITTEE OF THE WHOLE DECEMBER 11 , 1978 PAGE FOUR President Fabish polled the Board, "Yes" indicating favor of pursuing an ordinance to control condominium conversions, and "No" indicating opposition. The poll found the following: YES: 5 - Rech, Bogart, Marienthal , Stone, Kandel NO: 1 - Mendenhall Trustee Rech suggested that the ordinance be honed down to be concerned with health, safety, and welfare. She felt the current codes have to be met, and if they are not, there would have to be some type of appeal . Trustee Bogart felt the ordinance should cover the building only. He felt the consumer portion should be de-emphasized. Trustee Kandel felt there should be some consumer protection on the economic aspects such as warranties and escrow. Staff will redraft the ordinance in accordance with the discussion this evening, and then submit it to the sub-committee of the Chicago Bar Association for their comments and evaluation. Trustee Rech asked the staff to contact the owner of the property that presently is being converted to condominiums and ask if he would agree to wait until the Village has this ordinance on the books. Mr. Balling stated that he would contact him, but he anticipated the owner to be reluctant. AMENDMENT TQ SIGN CODE RE PYLON SIGNS Mr. Fennell stated that the Village Board had requested the. Select Committee to review certain modifications to the Sign Code as suggested by Ken Rodeck of Gregg Builders and his representative, Ed Larson. He said on November 21 , the Committee met and their decision was 1) all items had been considered at length, 2) machinery for variations had been included in the code, and 3) the Sign Code should stand as written. (Minutes of the committee meeting are on file.) Ed Larson argued that the Code, in its present form, infringes upon a property owner's right to advertise, that the distance required between signs is arbitrary, and that many codes are being declared illegal because they are based on aesthetics. Lengthy discussion followed. In response to a question from Trustee Rech, Mr. Raysa said the Code is legally defensible. President Fabish polled the Board,"Yes" indicating favor of the committee report, and "No" indicating opposition. The poll found the following: YES: 5 - Rech, Bogart, Marienthal , Stone, Kandel NO: 0 - None PASS: 1 - Mendenhall 11.001 COMMITTEE OF THE WHOLE DECEMBER 11 , 1978 PAGE FIVE SIDEWALKS/SNOW REMOVAL Trustee Marienthal asked the news reporters to print a story requesting people to shovel snow from their sidewalks this winter so that children can walk to school safely. ZBA VARIATION Trustee Rech questioned a recent ZBA decision to grant a variance to permit a second driveway for a home on Burnt Ember. It was explained that the variance was granted for reasons of hardship. The homeowner had constructed a two-story garage, meeting all requirements of the zoning ordinance, but in order to get to that garage, a second curb-cut and driveway had to be installed. Need of the second driveway was not known at the time the building permit was issued because the plan submitted did not indicate the first driveway. MUNICIPAL LIBRARY Trustee Marienthal suggested that staff investigate the legality of forming a municipal library for the Village. If it is found to be feasible, he felt a committee could be formed to move ahead with the matter. After discussion, President Fabish polled the Board, "Yes" indicating favor of reviewing the legality of forming a municipal library, and "No" indicating opposition. The poll found the following: YES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel NO: 0 - None President Fabish opposed this matter because of funding. TERREMERE SUBDIVISION IN ARLINGTON HEIGHTS. Trustee Rech noted that in the Terremere Subdivision in Arlington Heights (northwest of Nichols and Arlington Heights Roads) , it is permitted to build homes nearer the creek than it is in Buffalo Grove. She was concerned with the drainage from this subdivision, and requested the Village Engineer to obtain their design criteria, review it, and report to the Board. Trustee Marienthal noted that their retention lake is being counted as part of their 10% park land donation. ADJOURNMENT The meeting adjourned at 12: 10 A.M.