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HomeMy WebLinkAbout01/10/2006 COW agenda COMMITTEE OF THE WHOLE AGENDA Meeting Location: Mount Prospect Village Hall 50 South Emerson Street Meeting Date and Time: Tuesday, January 10, 2006 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Irvana K. Wilks Trustee Timothy Corcoran Trustee Richard Lohrstorfer Trustee Paul Hoefert Trustee Michaele Skowron Trustee John Korn Trustee Michael Zadel II. ACCEPTANCE OF MINUTES OF DECEMBER 13, 2005 III. CITIZENS TO BE HEARD IV. FERAL CAT AND ANIMAL CONTROL REGULATIONS The Village Board previously discussed the topic of cat licensing and general animal control and directed staff to conduct further research on various matters. Staff has 1) prepared information relating to these matters and 2) drafted proposed changes to the Village Animal Control Regulations that make the code consistent with current practices, County and State law, and to eliminate restrictive language that imposes unnecessary requirements on the Village. Staff will be in attendance to further discuss this matter. V. PROPERTY MAINTENANCE ISSUES At the September 27th Committee of the Whole meeting, a variety of items were presented for Village Board consideration, each proposed with the goal of increasing Community Development Department efficiency, recovering Village expenses related to property maintenance efforts, and/or reducing construction related nuisances throughout the community. The code changes proposed will further the Village's efforts to implement the Administrative Adjudication process and more adequately address property maintenance problems throughout the Village. For each item, a draft Text Amendment is included for Village Board consideration. Staff will be present to answer questions. 1. Vacant Structure Property Registration Certificate Village Attorney Everette Hill has amended the vacant building regulations presented to the Village Board on September 27, 2005 to a more concise and understandable format. The regulations are now titled "Vacant, Noncomplying and Immediate Hazard Structures." Vacant buildings that are not maintained and hazardous buildings must be registered with the Village (Vacant Structure Registration Certificate). The process is outlined in the attached memorandum. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODA TlON TO PARTICIPA TE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE A T 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. 2. Nuisance Abatement Village Attorney Everette Hill has previously reviewed the subject "nuisances and abatement" as described in a number of Village Code Sections. He has prepared a draft ordinance to address "nuisance and abatement" in its entirety. The proposed ordinance eliminates burdensome notice procedures requiring personal service and acceptance of certified mail, where absentee property owners can avoid responsibility by refusing to accept certified mail, or hiding their actual identity and mailing address through trusts and PO boxes. Nuisances are defined and the definition of responsible party is expanded to include owner, tenant, occupant, property manager, and lessee. The proposed ordinance will permit the Village to more promptly abate nuisances at the owner's expense and pursue all avenues to abate a nuisance within % mile of corporate boundaries. 3. Adjudication Village Attorney Everette Hill has produced a final draft ordinance incorporating 1) the refinements to the Administrative Adjudication System presented to the Village Board on December 9,2005 and 2) suggestions made during the Hearing Officer interview process. The amendments were made to add some formality to the hearing process by appearing before a Judge, prevent abuse of subpoena requests, encourage persons to promptly comply with a compliance order or face an ever-increasing penalty, and permit staff to issue citations permitting first-time offenders or persons with minor violations to comply, paying a nominal fine and avoiding the hearing process. VI. PERMIT PROCESS ENHANCEMENTS As follow up to items discussed at the September 27, 2005 COW meeting, the enclosed memorandum provides additional information on four topics: Requirement for Architectural Drawings for projects over $10,000, test for Homeowner as General Contactor, increase in inspection fees, and consideration of a building permit as a legal and binding contract. A text amendment for each of the 4 items is included for Village Board consideration. 1. Requiring An Architectural Stamp Projects commencing without benefit of the planning by a licensed architect have potential to create several difficulties delaying review and construction of a project as staff ensures the project is being built correctly. Staff's main concern is the integrity of the construction as it relates to the major functional systems comprising any structure: framing, electric, plumbing, sanitary sewer, mechanical. Compromising these systems could affect health and safety of the occupants. Since extension (expansion to serve more living space) of these systems holds the greatest potential for problems during the review, construction, and inspection phases, Staff requests that Village Code be amended to allow the Building Commissioner to require architectural stamped drawings on projects extending the five (5) building systems (noted above) beyond their current capacity. A $10,000 threshold will serve as a trigger for review of the project. 2. Testing Homeowners wishing to act as their own General Contractor All contractors working in Mount Prospect are required to maintain a current Contractor License. The license is a protection to the homeowner as the Village requires proof of insurance and can monitor for problem contractors (pulling the license if so). Homeowners have the ability to work on their homes without obtaining a contractor license. Staff's concern is for future owners of the properties. Projects commencing with the homeowner acting as General Contractor have potential to create several problems related to workmanship. Administering a test would be a unique as we are only aware of one area municipality testing General Contractors. Highland Park is the only other local municipality we have identified which tests homeowners acting as their own general contractor. Alternatively, Park Ridge requires that the homeowner sign a form guaranteeing that he/she will personally be doing each of the trades, as listed, when acting as his/her own General Contractor. While this is another avenue to address homeowners doing their own work, we are recommending the GC test, as the test is written to determine if the homeowner is capable of completing the project. This test would be open book with the applicant able to bring in a copy of all the current building codes utilized by the Village. A sample test is attached for Village Board consideration. 3. Reinspection Fees The Village has historically kept inspection fees very low. With such a low cost there is less incentive for the contractor to complete the job right the first time when they can utilize the Village to come out to generate the "punch list" for the job. Raising re-inspection fees would deter this type of activity. An escalating fee schedule for re-inspections is proposed. 4. Building Permit as Legal and Binding Contract At the September meeting the proposal was made that the Building Permit be considered a legal contract. By accepting a building permit, the property owner acknowledges the obligation to meet all Village Codes. This includes both building and property maintenance codes; the goal is to limit construction externalities to neighboring properties. VII. EXTERIOR SIDE YARD SETBACKS In the last three years, there have been several requests for exterior side yard setback Variations. With current trends of residential teardowns, large additions and the increased use of outdoor spaces, the issue of utilization of the exterior side yard is ripe for discussion. The attached memorandum provides information to the Village Board to determine if current zoning regulations need to be revised to create new regulations to allow building in the exterior side yard. It includes a discussion of recent Planning & Zoning Commission decisions, approaches in other communities, and Village planning goals. Guidance on the above matters will ensure the Planning & Zoning Commission reviews exterior side yard Variation requests in a manner that is in keeping with the Village Board's expectations. VIII. VILLAGE MANAGER'S REPORT IX. ANY OTHER BUSINESS X. ADJOURNMENT CLOSED SESSION PROPERTY ACQUISITION 5 ILCS 120/2 (c) (5). "The purchase or lease of real property for the use of the public body." PERSONNEL 5 ILCS 120/2 (c) (1). "The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity."