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HomeMy WebLinkAbout09/22/1992 COW minutes OF September 22, 1992 I Roll Call ~ The meeUng was called to order by Mayor Gerald L. Farley at 7:38 p.m. Trustees present were ~Mark Busse, George Clowes, Tim Corceran, Leo Floros, Paul Hoefert and Irvana Wtlks. Also present were Village Manager Michael E. Janonis, Public Works Dtrector Herb Weeks, InspecUnn Services Director Chuck Benc~c, Fire Chief Ed Cavello, Deputy Fh-e Cluef Lonme Jackson, Butldmg Inspecunn Coordinator Dan Jakes, Forestry Superintendent Sandy Clark, Village Attorney Buzz I-Idl, and Finance Director David Sepson. In addit~nn, Donna Johnson and Peter Hanchar of the Cmzens' Committee to Review Sight Obstructions in the Pubhc Paght of Way, three residents, and three members of the print media were m attendance. H Minutes of September 8, 1992 ~ · The minutes of September 8, 1992 were accepted and filed. IH Citizens to be Heard No ciuzens appeared before the Village Board , IV Sight Obstruction Ordinance Mayor Gerald L. Farley said this 0rdmance had been previously &scussed by the Committee of the Whole on August 215, 1992 and there were three issues to be resolved: 1) Should new planungs be allowed in designated parkways where sidewalks are in place; 2) Should the Safety Commiss~on be the arbiter on questions regarding parkway plantings whtch are m violation but where the property owners feel their trees or bushes do not pose a h~Tard; and 3) Tnmmmg on private property and the related sight triangle. Mayor Farley then asked Trustee Irvana W~llcs to conduct the d~scussion. Trustee Willis reviewed the issues that were discussed in the previous meeting. She smd the Vtllage currently allows deciduous trees on parkways and that this prowsion is not m question. In the past, the Public Works Department canvassed the Vdlage and sent letters to residents aslong them to keep evergreen trees trimmed according to estabhshed standards. The Pubhc Works Department would '~ eventually trim the shrubs if the did not with the evergreens or properly owner comply requirement. The proposed ordinance mirrors the way the Pubhc Works Department administers the current ordinance w~th the following changes' 1. The proposed ordinance would permit residents to plant approved planungs on the parkway if they obtained a permit and entered into a hold harmless agreement w~th the Village. With thts agreement, the property owners would assume the habthty if an acctdent occurred because of the planting. 2. The Safety Commtsston would hear complaints and determine what actmn should be taken If the property owner disagreed with the decision, they could appeal the declsmn to the Village Board. Trustee Wilks stated that there was also an issue regarding the authority of the Pubhc Works Department to remove trees and bushes on private property. She smd that ~f safety ~s the issue, the Public Works Department should have the authority to correct the problem. Trustee Wilks smd that if a de~iston would be made to prohlbtt plantings on the parkway there would be no need for the hold-harmless agreement. She also mentioned that th~ issue of continued canvasstng by the Public Works Department needed to be addressed. ',~ , Allow Plantings of Evergreens and Shrubs on Parkways by Permit ,, ~ In response to a question by Mayor Farley, Attorney Hill stated that when a hold harmless agreement would be entered into, tt would be recorded agmnst the property and all subsequent property owners would be bound by the agreement. He explained that mdemnifiealaon Is similar to implied consent. Trustee Corcoran then asked why the permit process was necessary. Attorney HtR smd ~t was a surer way and was tn the best interest of the %llage. Trustee Corcoran said he supported the premise that the homeowners should be held responsible for anyttung they planted in the parkway. Trustee Hoefert smd the %llage should not encourage planUngs in the parkway~ and that homeowners should be notffied of their responstbtlmes for any exisung plantings. He added that if the %llage had to mm parkway plantings, then the homeowner sfiould be charged for the cost Trustee Floros stated that the Vdlage should not take any action which encouraged or permitted parkway plantings. He said he supported notfficatton of homeowners who have ex~stmg planUngs that the responsibthty will be placed on them. Trustee Clowes said he agreed w~th Trustee Floros that the Village should not encourage planungs as the tniUal issue is safety.' He smd he agreed with mal~ng the homeowner responsible for e~sung plantings ~ ~ , Trustee Busse smd he supported the permtt process but he dM n~ot support the hold harmless provtslon. He also ~smd he thought the Pubhc Works Department should stop the canvassing procedure. Trustee Wilks smd she supported the recommendations of the Citizens' Committee. 2 Mayor Farley said there was a consensus to continue the existing practice of proMbifing plantings on the parkway. He sam the Committee's recommendation was a reasonable compromise to solve the problem, but the Board did not support additional plantings on parkways Addmonaily, if any ex,sUng planUngs are not removed they will become the homeowner's respons~bflity. Attorney Hill smd the proposed ordinance will be changed to allow no future plantings of evergreens or shrubs on the parkway. Existing evergreens and shrubs will be "grandfathered" and no action will be taken unless there ~s a complaint that the plantings are a s~ght obstruction. If the plantings are found to be a sight obstruction, the complaint will be referred to the Safety Comm,ss~on Role of the Safety Commission to Hear Sight Obstruction Complaints In regard to the question of the Safety Commission being the final authonty to hear complaints regarding sight obstruction in parkways, Trustee Clowes asked for a clarification of how the process would work. Trustee Willis explained that if there was a complaint, the Traffic Engineer would investigate the complaint and then send a letter to the homeowners advising them to e~ther trim or remove the s~ght obstruction. If the homeowner disagreed w~th the finding, they could appeal to the Safety Commission and then to the Village Board. Trustee Floros said the Safety Commission shouM only make recommendations and that the Villa[e Board should make the final decision. Trustees Busse, Corcoran and Hoefert supported Trustee Floros. Trustee Wilks said she could also support the recommendation of Trustee Floros. Authority of the Village to Trim Plantings on Private Pro!:~_ r~_ Ms. Clark stated that the only authority that exists over plantings on private property is under the Development Code for new developments. The Board agreed that requirements for new development should remain ~ntact. ~ Trustee Floros stated that he agreed with the recommendation to trim on pnvate property ff the plantings presented a sight obstruction based on the sight mangle. He said safety was the most ~mponant consideration. ~ Trustee Clowes said he agreed with trimming only the porUon that extends over pubhe property and does not support trimming on private property. He added that he dM not agree w~th the s~ght mangle when ~t extended into private property. He smd that if safety is a factor the Village should obtmn more right-.of-way. L Trustee Busse said he :s not in favor of granting the anthonty to go into private property. Trustee Hoefert smd he supported trimming growth that extends over the sidewalk or into the right- of-way, but the right of the property owner is foremost. He added that the question should be addressed only if ~t is a problem. ~ ~ ~ 3 Trustee Corcoran said he agreed with Trustees Clowes and Hoefert that trimming should only be done on public property and only if it presented a safety hazard. He added that ~safety h~Tard the Vtllage should compensate the property owner.' Trustee Wilks stated that she has no problem with the Village having junsdict~on on private property '., , , ~ Mayor Farley stated that the conclusion was that the sight triangle should be a guideline but trimming and removal would not be applicable on private property. Trustee Wilks smd this is what the Village Is currently doing Attorney Hill sa~d he would revise the ordinance to promde for the authority to regulate on public property at least as great as in the sight triangle and not subJeCt homeowners to more llabtl~ty. Richard Hendncks of 1537 Fast Emmerson Lane stated that there was a major difference m the enforcement levels between the 1970's and 1990's. Specifically he mentioned the sign ordinance and ~ ~ ~stated that violations should be more vigorously enforced. Mayor Farley responded that condiUons change and that there are ames when variations tuffy be needed. He satd Village personnel should be reasonable and apply judgement when needed. He added that he has confidence in the job the staff is doing. V Proposed Changes to the Building and Fh'e Prevention Code. Inspection Services DireCtor Chuck Benmc reviewed the proposed changes to Articles II, III, IV, X, XI, and XII as ldentffied on pages 9 and 10 of his memo of June 2, 1992. The only question by the Committee was with the,provis~on for a penalty to double a perout fee with a $100 minimum for ? ,stamng work without a permit. Trustee Hoefert recommended that a provmon be added whereby the contractor's license would be suspended the second Ume a contractor would be guilty of th~s wolat~on The Board concurred with this reCommendation. Trustee Wilks stated that she would like to see the process for ~ssumg a permit simphfied. She added that she would hke to se~ the process become more *user.friendly.~ ' Trustee Corcoran suggested that the Inspectton Services Department standardh~e the permtt forms and possibly ac. eept apphcalaons by fax. ~ ~ : ~ VI Manager's Report The Village Manager had nothing to report. , ~ VII Other Business ~ ~ ~ ' Trustee ltoefert stated that because of the CanDota sewer projeCt, the asphalt on th& parkway at Lincoln Jr. I-hgh School had been removed. He sa~d he d~d not support parl~ng on the parkway at Lincoln School. Trustee Clowes sa~d he agreed. However, Trustee Wilks urged caution and 4 Trustee Floros said it should be left the way it is Vdlage Manager Sanonis smd he would check with the Superintendent of School D]smct No. 57 to see if the parking was essenttal and poll the Board as to what action should be taken. Trustee Clowes sad he would hke more ~nformat~on regarding the $12,000,000 amount added to the SWANCC Balefill Project. He also smd he was concerned that SWANCC added two employees because he thought only one was authorized m the budget. VIII Adjournment Mayor Farley sad :t was necessary to go into execuuve session. The meeting adJOUrned to go into executive sessxon at 11'03 p.m. The meeting reconvened at 11:45 p.m. and adjourned at I1:45 p m. Respectfully subnutted, David C. Jepson, Finance Director DC J/sm