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11/05/198471 November 5, •;1-9.85 The regular meeting of the Board of Trustees was called to order by the Clerk, in the absence of the Mayor, in the Council Chamber of the Village Hall on Monday, November 5, 1984 at 8:00 P.M. Upon motion by Trustee Jackson, second by Trustee Marovitz, and unanimous Board approval, Trustee Swanson was appointed Mayor Pro Tem. The Clerk called the roll and announced the following were Present: Stephen 0. Jackson James L: Marovitz Edwin B. Seidman Vernon E. Swanson J. Robert York Absent: Bernard Forrest, Mayor Cynthia J. Marty and that a quorum was present and in attendance. Also present were Village Mana- ger Robert D. Franz and Village Attorney James K. Stucko. Trustee Seidman moved, seconded by Trustee Jackson, to approve the minutes of the previous Board meeting. Motion carried unanimously. DEPARTMENTAL OBJECTIVES Building and Zoning Director Charles J. Smalley BUILDING & ZONING was present to discuss further any items of his _CHARLES J. SMALLEY, DIRECTOR previously submitted report on Departmental Ob- jectives. Trustee Swanson inquired whether the same amount of construction acti,vity,$40 mil- . lion as seen in 1984, would continue each year for the next five years. Mr. Smal- ley replied that he thought it would. Trustee Seidman asked if the present Staff .could handle review of plans and on site inspection if such a large amount of construction is anticipated. Mr. Smal- ley replied that they had been keeping their heads above water sQ far. Trustee Jackson noted that by his calculations,$200 million of construction might be going,on simultaneously. He was concerned that Staff might not be able to keep up with inspections. Mr. Smalley replied that in such an event, he would ask for additional help. He added, however, that it was tlir paper work, review of plans, that was the staggering work load...sometimes requiring 100 hours of Staff work per project. Trustee Marovitz asked about the work load of the Plan Commission. Mrs. Barbara Ruffino, Planner, stated that Plan Commission work is pretty backed up with little time for anything beyond conducting hearings. She stated that they would not get to some items they had hoped to consider in November and December until the last of January. The Board thanked Mr. Smalley for his report. SIGNAGE PLAN - BRICKYARDS Manager Franz stated that a public hearing was FLODSTROM - EASTERN I -1 /PUD held on October 11, 1984 to consider the pro - PLAN COMMISSION REP. /RECOMM. posal of Sven Flodstrom for signage on the Eastern I -1 /PUD in the Brickyards. The Plan Commission recommended that Scheme No. 2 (building identification and tenant di- rectory combined as one sign) be denied, on a vote of 4 70, and that Scheme No. 1 (building identification sign at Lake Cook Road) be approved subject to the con- dition that the directory sign be located elsewhere. Also, that parking signs be approved with the understanding that the material used is aluminum and that the "Do Not Enter" signs be modified in conformance with the Illinois Uniform Manual. on Traffic Central Directions. - (Vote, 4 -0) Mr. Lynn Flodstrom, representing the developer, stated that the Plan Commission in approving Scheme I had disallowed a directory,sign on Lake Cook Road. Therefore, they propose to locate that sign at the Northeast corner of the pond so as to be visible within the lot but not to traffic on Lake Cook Road. Trustee Seidman expressed concern that a "Do Not Enter." sign would be insufficient to prohibit traffic from leaving the lot via the one -way drive. He feared motor- ists would ignore the sign and proceed to use the one -way drive and attempt to turn west on.Lake Cook Road. He favored the use of spikes as a deterrent to such illegal turns onto Lake Cook Road. Mr. Michael Schwartz of the Plan Commission voiced opposition to the use of spikes, stating that a car impalled on them would 77. lose at least two tires and that considerable time would bey necessary to get the car removed, and the deceleration' lane would be obstructed. Most Board members concurred with Mr. Schwartz. Trustee Seidman stated that at least two "Do Not Enter" signs should be erected. Trustee York did'not agree. Trustee Marovitz noted that the signage proposals showed posts labelled "Handi- capped Parking ", whereas the Village had not yet decided upon what type of uniform sign to adopt for spaces reserved for the ;handicapped. He pointed out that uni- form signage would be considered later that evening. He asked whether Mr. Flod- strom was willing to abide by the uniform signage adopted.later. Discussion was had regarding requirements for police enforcement of handicapped parking regulations on private property. The property owner must request police enforcement and maintain signage approved by the State. Mr. Flodstrom stated he would prefer to designate handicapped parking in the manner he had shown and forego police enforcement. He added he could provide internal enforcement. Police Chief Brandt stated that he would find it difficult to have handicapped' parking spaces in the Village which he could not enforce. He stated that with- out police enforcement, the designated spaces become meaningless and the "re- served" postings are ignored. He added that he did not know of any development practicing internal enforcement. Attorney Stucko noted that the recently passed State law permitting police to enforce handicapped parking regulations on private property as well as public property, and raising the fine to $50 for violators showed an attempt to promote compliance with the laws. He was of the opinion that where signs are not already in place it is to the Village's advantage to try to obtain uniformity. Thereafter Trustee Seidman moved, seconded by Trustee Jackson, to table the matter of Flodstrom signage. Motion carried unanimously. 155 BIRCHWOOD (SCHULZ) Manager Franz stated that a public hearing PRD /SUBDIVISION was held by the Plan Commission on October 11, PLAN COM1,1ISS. REP. /RECOMM. 1984 to consider the petition of Louise Schulz fora Special. Use and Resubdivision of the property located at 155 Birchwood Avenue. The Plan Commission recommended, on a vote of 4 -0, that the petitioner's request for a Special Use /Resubdivision be approved subject to the condition that the frame garage.currently located on the property be removed prior to any sale or development of the newly created lots; This condition should appear as a covenant on the land. Trustee Seidman, moved, seconded by Trustee Marovitz, to accept the recommenda- tion of the Plan Commission. Motion carried unanimously. 100 FAIRVIEW (MATHIESEN) Manager Franz reported that the Plan Commis - SPECIAL USE /PRD sion had held a public hearing on. October 11, PLAN COMMISS. REP. /RECOMM. 1984 to consider the petition of Ol.av Mathie- sen for a Special Use /Planned Residential Development Resubdivision of his property at 100 Fairview Avenue. The Plan Com- mission recommended that the petitioner's request for resubdivision be approved subject to the condition that the existing house located on the property be re- moved at such time as the property is to be developed. This provision should be made a covenant to run with the land. Trustee Seidman moved, seconded by Trustee York, to accept the Plan Commission's recommendation. Motion carried unanimously. HANDICAPPED PARKING SIGNS Manager Franz stated that at the previous STAFF REPORT Board meeting a resident had complained of the lack of uniformity in handicapped parking signs throughout the Village. He recalled that he had reported that Staff had already identified the problem and that new signs were being printed and erected through- out the Village. The new signs are State approved. He exhibited the sign, label- led "Reserved" with a symbol of a wheel chair, and stated that another sign would be attached under it to indicate that the space was for the handicapped and violators would be fined $50. Trustee Marovitz asked whether a sign would be erected at each parking space. Manager Franz replied that it was more or less a discretionary item not required by legislation, but might present a problem of .law enforcement and sucess in, winning court cases. Discussion was had as to how many signs with directional arrows would be suffi- cient to indicate eleven spaces. Chief Brandt stated it hinged upon whether it could be legitimately claimed that a motorist should have seen the sign. He said' lie had no doubt 'about a judge's ruling if each space was posted, but he.' could not i say how a judge would view a motorist's claim that he did not see signs indicating that his unposted space was also for the handicapped. He staged that signs only three or four feet high are obscured by a parked car. He added if it could be honestly said that a motorist should have seen the sign, the police will issue a ticket. But, with $50 tickets, motorists will contest the fine in court rather frequently. Trustee York felt the ratio . about height regulations. H sign.was required to protect large developments providing see advising them that their the State approved signs. of signs to spaces should be spelled out and asked e.was advised that seven feet to the bottom of the sidewalk pedestrians. Mrs. Ruf.fi,no wondered about .elaborate and unique monument signs. She couldn't beautiful monuments would have to go in favor of Trustee Swanson asked about the number of stalls usually found in one grouping. Mrs. Ruff ino replied that the maximum number was ten or eleven. Manager.Franz stated that the ratio of signs to stalls had been pretty thoroughly discussed by Staff who saw some difference between a a handicapped person working all day in an office building and one stopping for a short time in a shopping cen- ter where the turnover is greater and more graphics are needed to indicate spaces specifically for the handicapped. He favored drafting an ordinance permitting some leeway for larger office buildings, allowing signs with arrows to indicate additional spaces for the handicapped. Trustee Seidman.,moved, seconded by Trustee Jackson, to require one parking sign for every three parking spaces,rounded up,. and adopt the uniform State approved sign.,with additional information attached,designating handicapped parking and a $50 fine for violators. Motion carried unanimously. FLODSTROM - SIGNAGE PLAN EASTERN I -1 /PUD - BRICKYARDS RECALLED FROM TABLE Trustee Marovitz moved, seconded by Trustee York, to recall from the table the signage plan for the Eastern I -1 /PUD of the Brick- yards development.. Motion carried unanimously. Mr. Len Flodstrom stated that use of the State uniform signs with their lower edge seven feet off the ground would be detrimental to their development 'since the signs would be in the line o£ sight of the first floor tenants and would present an unpleasing row of signs to customers approaching the building. Trus- tee Marovitz stated that he felt the parked cars would be no more pleasing and that the argument was spurious. Thereafter, Trustee Marovitz moved, seconded by Trustee York, to deny the en- tire signage plan for the Eastern I -1 /PUD until an acceptable plan for handi- capped parking is presented. Mr. Flodstrom asked if he had to really mount the signs seven feet off the ground. Manager Franz stated that the seven foot height was a Village require - ment,and Public.Works Director Ed Klasinski stated that if the signs were placed where pedestrians would not be endangered, a lower height might be acceptable. Discussion ensued regarding possible relocation of the handicapped parking, the necessity for .locating it near the building entrances, and the difficulties of providing ramps from stalls for wheelchair motorists, with signs still visible but not preventi.ng the motorist from maneuvering the wheelchair up onto. sidewalks. Trustee York stated that he would prefer to have a drawing to scale of the handi- capped parking proposed with site lines from the building's windows as well as size, height and number of signs. Accordingly, Trustee Marovitz moved to with- draw the motion to deny the proposal. Attorney Stucko stated that while Mr. Flodstrom is drafting sketches of parking sites, it would be advisable for Staff and himself to research State statutes regarding height of non- conforming signs and how'much leeway, if any, the Village can grant. Trustee York moved, seconded by Trustee Jackson, to accept the Plan Commission's recommendation, except for handicapped parking signs, and to approve Scheme #1 subject to the condition that the directory sign be placed elsewhere and approve parking signs with the understanding that the material used is aluminum and that the "Do Not Enter" sign be modified to conform with the Illinois Uniform Manual on Traffic Control Directions. Motion carried unanimously. SIGN MODIFICATION (IFERGAN) Trustee Seidman moved, seconded.by Trustee York, LAKE COOK ROAD to table the item until the petitioner could be present. Motion carried unanimously. 7q CONSENT AGENDA AMENDED SIGNAGE PLAN Ordinance providing for temporary leasing DRAPER & KRAMER signs on Lake Cook Road. ORDINANCE NO.0 -84 -46 - 1156 LAUREL AVENUE (ROSENFELD) Variation permitting 5' fence in lieu of per - FENCE VARIATION mitted 3' foot fence in front yard. ORDINANCE NO. 0 -85 -47 Trustee Seidman moved, seconded by Trustee Jackson, to approve the Consent Agenda. Motion carried on the following vote: AYES: Jackson, Marovitz, Seidman, Swanson, York (5) NAYS: None (0) 1438 WAUKEGAN ROAD (KONSLER) The Board.had approved the petition for rezon- REZONING AND VARIATIONS ing and variations provided that the Fire Department was satisfied with access and fire lanes for the rear (south) of the proposed building. A letter from Captain Thomas Wilson of the Fire Department advised that their requirements will be satisfied if:l)a hard surfaced lane as well as patios are constructed in such a a way as to support the weight of an emergency vehicle, 2) privacy hedges would be permitted subject to the approval of the Fire Department to insure that they did not impede an emergency vehicle, and 3) both the lane and patios are kept clear of snow accumulations. Trustee Seidman inquired how and who would enforce fire access requirements. Mr. Robert Best, attorney for the developer, stated that since this is a condominimum development, the requirements will be part of the condominimum declarations to be recorded against the property. It is the intention of the developer to submit the declarations to the Village attorney for his review. Mr. Best pointed out that the yard variations cited in the ordinance are pur- suant to their original petition. However, -the variations were amended at the request of the Board.of Zoning Appeals. He asked to meet with Attorney Stucko to make certain that the language of the ordinance tracks with the last plan approved by the Board. Trustee Seidman moved, seconded by Trustee Marovitz, to-table both items. until variations are rechecked. Motion carried unanimously. HIGH SCHOOL DRIVE Manager Franz recalled that residents border - DISCUSSION OF IMPROVEMENTS ing High School'Drive had appeared before the Board sometime back asking that something be done to improve the appearance of that stretch.of street. The Board had delayed action until the High School could be-contacted about their feelings regarding the street. The school felt an emergency evacuation exit should be provided there. Inasmuch as there are plans for reconstruction of all the streets in North Trails Subdivision, the Village Engineer was asked what would be involved in tearing out the street and constructing a strip to serve an an emergency exit but which would be used primarily as a walkway for high school students. Therefore, a sketch was prepared for the Board's consideration showing a 20-foot strip for a walkway with 20 -feet on each side of the strip which could revert back to the adjacent property owners. The sketch also showed possible beautification fea- tures (stockade and splitrail fencing, tall hedges, etc.) Cost estimates for each aspect of the scheme were submitted. Manager Franz stated that the sketch had been submitted to determine what concepts the Board favored and how the costs of such could be shared by the Village, High School, and property owners. Trustee York-stated he was very much in agreement with the concept, but he did not favor the Village constructing fences and supplying a lot of landscaping. He did favor releasing the property on each side of the walkway to the home owners. Trustee Marovitz stated that he thought it improper for the Village to pay the costs of sheltering property owners from high school students,when they had bought their property knowing the high school was there. He added that if this street is an eyesore, he felt it wiser to rip it up and put in a sidewalk and perhaps some sodding since it would cost the Village $6,000 to reconstruct the street. He felt property owners could shelter their property by erecting hedges, fences, etc. or could erect them on property purchased at fair value from the Village. Trustee Jackson concurred. It was the consensus of the Board that they were willing to negotiate with the property owners on the sale to them of 20 feet on each side of the paved strip which the Village would construct, and willing to Supply some sodding. $4.2 MILLION CAPITAL IMPROVEMENTS Manager Franz stated that a public hearing was AND RELATED FINANCING PLAN held on October 29, 1984 on the $4.5 million Capital Improvements proposal and financing plan. The extent of the improvements were discussed with opportunity given to the public for comments. No objections were raised. Trustee Marovitz moved, seconded by Trustee Seidman, to direct the Financial Consultant to proceed with a negotiation sale of short -term demand notes in connection with the $4.2 million Capital Improvement Project.. Motion carried as follows: AYES: Jackson, Marovitz, Seidman, Swanson, York (5) NAYS: None (0) MIDDLE FORK DRAINAGE DISTRICTS Manager Franz reported that the West Skokie DISCUSSION OF LOAN AGREEMENT Drainage District.had decided not to proceed with the previously- considered maintenance project because they are not able to secure federal money through the U. S. Army Corps of Engineers, and it would behoove them.to wait until the Union Irainage District (Middle Fork) proceedswith downstream cleaning to give them a clear creek to feed into. Mr. Beryl Schwartz represented the Union Drainage District. Mr. Beryl Schwartz stated that his district was prepared to proceed without the U.S. Army Corps of Engineer's appropriation if the Village would grant the loan formerly discussed. He stated that they had found the Corps' cost'estimates twenty times what their own engineer felt the work should cost, and that the Corps required contractual agreements which would in effect grant it a blank check. He stated that he would seek, along with other certain changes in the loan agreement, deletion of the provision that Deerfield would lend money for the creek cleaning only if the Corps secured an.appropriation. After much dis- cussion Mr. Schwartz was advised to submit for Board review both old and new cost estimates and old and new specifications on cleaning the ditch. OPTIMIST CLUB Trustee Jackson moved, seconded by Trustee VIADUCT BANNER Marovitz,to approve the request of the Op- timist Club for a banner at the viaduct advertising Youth Appreciation Week, November 1.1 -1.7. Motion carried unanimously. I31t1 ?ATII ALC0110T. TESTING DEVICE Police Chief Richard Brandt discussed with the APPROVE PURCHASE' Board the unreliability, in recent, months, of the present.Breathalyzer. He had procurred estimates of three types of equipment for breath alcohol testing, and recommended purchase of the Intoxilyzer 5000. Hesaid this device has recently been approved by the Illinois Public Health Department, and has been tested and. used in other states for some time.. It can be purchased directly from the manufacturer at this time for $4,500 but will cost $5,500 when released to vendors. Trustee Seidman moved, seconded by Trustee Jackson, to approve the purchase of the Intoxilyzer 5000 at a cost not to exceed $4,500. Motion carried as follows: AYES: Jackson, Marovitz, Seidman, Swanson, York (5) NAYS: None (0) DEERFIELD WOMAN'S CLUB The Deerfield Woman'.s Club requested permission PERMANENT ENTRANCE SIGN to post their sign at the entrances to Deerfield (with Rotary and Lions Club emblems). Trustee York moved, seconded by Trustee Seidman, to ask the Club to supply Manager Franz with a sketch of the sign, and to permit it to be posted at the east and south entrances to Deerfield,if approved by him. Motion carried unanimously. ANALYSIS & AWARD OF BID Trustee Marovitz moved, seconded by Trustee Jack - PRESSURE TAP /METER VAULT son to award to Mey,erbrook Contractors the bid for installation of one 8 "x12" pressure tap and water meter vault at a cost -not to exceed $12,995. Motion carried as follows: AYES: Jackson, Marovitz, Seidman, Swanson, York (5) NAYS: None (0) There being no further business to,come before the Board, upon motion by Trustee Marovitz, second by Trustee Jackson, and unanimous Board approval, the meeting was adjourned at 10:35-P.M. APP V Mayor ATTEST: Village C erk