HomeMy WebLinkAbout09/09/2003 COW minutes 1.
III.
IV.
MINUTES
COMMI'I-rEE OF THE WHOLE
SEPTEMBER 9, 2003
CALL TO ORDER
The meeting was called to order at 7:05 p.m., in the Mt. Prospect Park District Community
Center, 1000 West Central Road, by Village Manager Michael Janonis. Nominations for
Mayor Pro Tern were requested. Motion made by Trustee Zadel and Seconded by Trustee
Lohrstorfer to nominate Trustee Hoefert for Mayor Pro Tern. Nomination closed and Trustee
Hoefert was designated as Mayor Pro Tern for the evening. Present at the meeting were:
Trustees Paul Hoefert, Richard Lohrstorfer, Michaele Skowron, Irvana WiIks and Michael
Zadel. Absent from the meeting were Mayor Gerald Farley and Trustee Timothy Corcoran.
Staff members present included: Village Manager Michael Janonis, Assistant Village
Manager David Strahl, Community Development Director William Cooney, Deputy
Community Development Director Michael Jacobs, Police Chief Richard Eddington and
Deputy Police Chief John Dahlberg.
APPROVAL OF MINUTES
Approval of Minutes from August 12, 2003. Motion made by Trustee Lohrstorfer and
Seconded by Trustee Skowron. Trustee Wilks requested several revisions to the Minutes
for clarification purposes, With the revisions, the Minutes were approved.
CITIZENS TO BE HEARD
David Schein, 512 NaWaTa, spoke. He recommended the Village Board consider a
Resolution opposing the U.S. Patriot Act. He feels the Act goes too far regarding privacy
issues.
REGULATION OF MOTORIZED SCOOTERS
Village Manager Michael Janonis stated that there had been extensive discussion with the
Village Board in August and September of 2002. At that time, the Village Board decided to
rely on the existing State regulations. He atso stated that invitations had been sent to
participants from previous discussions. He stated that at this time, staff is requesting the
Board consider a ban on the use of motorized scooters on public property, He stated this
request comes about due to difficulties regarding enforcement at the local Court level.
Chief Eddington stated that issues arising from enforcement are based on the Judges in the
Third District refusing to apply the State taw to violators brought before the Judges. The
State law is rather harsh in terms of penalty for violation which has caused the Judges to
sidestep the enforcement. He stated these scooters cannot be licensed by the State as a
motorized vehicle and in order to respond to complaints, he feels it is critical that his
Department be provided the enforcement tools necessary to respond to requests for service.
General comments from Village Board members included the following items:
There was a discussion regarding the impoundment fee and possible safety concerns for
street use. There was also discussion regarding the enforcement success in other
communities. There was a concern regarding motorized wheelchairs to ensure that such
wheelchairs would not be considered illegal for enforcement purposes.
Police Chief Eddington stated that he has received 31 calls since April 1, 2003, and feels
that there would have been more calls if the response from the Police had been that they do
not have the enforcement power .to address the complaint calls. He did state that 75% of
the calls occurred during rush hour. He stated that if the Village Board desires enforcement
of motorized scooters, he would like to' have the tools necessary for such enforcement and
in order to effectuate enforcement, he is recommending a total ban on public property.
John Korn, 301 North William, spoke. He stated that he has previously spoken to the Board
regarding safety concerns of the users and feels that there may be additional issues that
should be discussed regarding utilization of altering vehicles which are not street legal also
in the future.
General consensus of the Village Board was to direCt staff to review and define
regulations necessary for the effective enforcement of banning motorized scooters
from all public property,
Angela Limberopoulos, Des Plaines resident, spoke. She stated that her son, Louis, was
struck by a SUV while riding a scooter and died on July 4, 2002. She stated that he was
riding his scooter on the evening of July 3. She stated that he would have been at risk
whether he was on a scooter or riding a bicycle and banning of scooters does not
necessarily make them any easier to see than someone on a bicycle. She would suggest
consideration and enforcement of scooter riders wearing reflectors, lights and helmets with
prohibition for use after dark. She currently is involved in litigation regarding the driver who
struck her son and feels that scooters should not be banned without consideration of the
users.
PROPERTY-RELATED CODE AMENDMENTS AND COMPANION ISSUES
Community Development Director Bill Cooney stated that the majority of the items to be
discussed this evening are a direct result of experience in dealing with residents with unique
issues or circumstances and staff is seeking direction from the Village Board to either
address the issues or define the intent.
Fence Location
The permitted location of a fence is from the lot line attached to the house. However, recent
issues with residents who do not want to enclose the entire lot and a desire not to place the
fence on the lot line have occurred along with corner lot issues where the fence cannot be
extended beyond the front of the building.
Staff recommendation is to allow fences to be installed in the rear and interior side yards
provided the fence is located behind the front tine of the principal structure. If the fence is
not located along the property line, then sufficient access must be provided to the area
between the fence and the property tine to allow for proper maintenance.
Exterior Side Yard Fences
Staff had recommended fences must be installed in the exterior side yard provided that the
fence is placed behind the front line of the principal structure. If the exterior side yard abuts
the front yard of an adjacent lot, the fence shall not be located any closer to the exterior side
yard lot line than either the building line established by the principal structure or the front
yard established by the adjacent lot which ever is less.
Mr. Cooney stated that endorsing the staff recommendations would allow flexibility of
residents to fence any portion of their lot and not necessarily enclose the lot at the lot line.
General comments from Viltage Board members included the following items:
Several comments were made regarding the opportunity for flexibility for the residents.
There was a concern raised about the appropriate wording to ensure that the flexibility can
be understood by the average resident and it was suggested that simple diagrams be
included for residents' use during the permitting process.
Consensus of the Village Board was to support staff recommendation as requested
and gather input from the Planning and Zoning Commission for further discussion
before the Village Board.
Permitted Residential Fence Heiqhts
Community Development Director Bill Cooney stated that many residents have requested
the flexibility to install a six-foot fence versus a five-foot fence and have also voiced some
concern regarding the manufacturing limitations of a five-foot fence versus a six-foot fence.
Staff is recommending a maximum fence height of six feet permitted within an interior side
yard, exterior side yard and rear yard.
General comments from Village Board members included the following items:
Three Trustees felt that the existing fence limitation of five feet is adequate while two
Trustees felt that the flexibility of residents to have up to six feet was permissible.
Consensus of the Village Board was to keep the existing fence height regulations in
place at five feet.
Double Fences
Mr. Cooney stated that the current Village regulations allow only one fence along the
lot line and cannot put another fence adjacent to an existing fence.
Staff recommendation is to allow multiple fences along the common property line.
Mr. Cooney also stated that in many cases, the first person who puts a fence up
along the rear property line dictates the type of fence for other adjacent property
owners who may want to put a fence up in the future.
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General comments from Village Board members included the following items:
The majority of Board members were supportive of the change to allow double
fences, however, it was mentioned that maintenance could become an issue and
would require the necessary enforcement.
Consensus of the Village Board was to allow multiple fences along the
common property line as requested by staff.
Dog Runs
Mr. Cooney stated that there are no existing regulations and dog runs are prohibited
within the Village's current fence regUlations. He is recommending appropriate
language to allow dog runs to be permitted under specific conditions. He stated that
staff is proposing dog runs shall be permitted within single-family residential districts
provided they are located entirely behind the principal structure and shall not
encroach into the required side or rear yard setbacks. He also is recommending that
the dog runs be at least five feet from the property line.
General comments from Village Board members included the following items:
There were concerns raised regarding accumulation of waste and the possible
additional issues connected with installation and maintenance of dog runs.
Consensus of the Village Board was not to change the existing regulations
concerning dog runs, thereby; they remain prohibited under the Village's
current fence regulations.
Outdoor Stora.qe on Residential Properties
Mr. Cooney stated that it is currently a property maintenance issue that has caused
extensive confusion among staff to enforce such regulations because of the varying
interpretations of what should and can be stored outdoors. He stated currently there
are no regulations defining outdoor storage.
He stated staff is recommending outdoor storage on residential property be
prohibited except for lawn and garden equipment and materials, grills and portable
fireplaces, patio furniture, household tools and children's play equipment. These
outdoor storage regulations shall not apply to vehicles, recreational equipment or
recreational vehicle trailers.
General comments from Village Board members included the following items:
It was suggested that firewood be added as a permitted outdoor storage item.
Consensus of the Village Board was to endorse the staff recommendation for
creation of a definition of permissible outdoor storage items.
"No Trespassin.q" Si.qns on Residential Properties
Mr. Cooney stated there are currently no regulations regulating "No Trespassing"
signs on residential properties.
Staff is suggesting no more than four signs shall be permitted on any single-family
residential lot and under no circumstances shall the total sign area exceed six feet.
No more than one sign shall be permitted along each front, rear or side property line.
These limitations do not apply political'signs or seasonal displays.
Consensus of the Village Board was to limit the number of signs per side of
the home and compliance of the size of the sign would be consistent with the
Sign Code.
Home Occupations
Mr. Cooney is requesting that the regulations be clarified to address employees
reporting to a home for employment purposes.
Staff recommendation includes additional language to the existing Ordinance Such
as, "employees shall not report to the residence or be dispatched from the residence
to another location for work purposes." Also, "no routine attendance of employees
associated with any home occupation shall be allowed at the premises of the home
occupation." "Routine attendance" shall mean that the conduct of the home
occupation requires non-domiciled persons to visit the premises of a home
occupation as part of the regulation conduct of the occupation without regard to the
number, frequency or duration of such visits.
Consensus of the Village Board was to support staff recommendations with
the additional language regarding home occupation use.
Day Care Facilities
Mr. Cooney stated that the current regulations limit the number of children to eight at
a day care center at the home. The State requires that if there are more than eight
children, additional staff is necessary.
Staff is recommending that the limit be set for eight children which would match the
State requirements.
Consensus of the Village Board was to support staff recommendation,
however, it was mentioned that there would be a need to address adult day
care centers in the near future.
Landscaping - Maintenance Vs. Replacement
Mr. Cooney stated the current language provides that maintenance of plant
materials is rather general. It does not specifically address the issue of replacement
of either dead or dying or diseased landscaping.
Staff recommends the Code be amended to include specific language that would
require the replacement of any landscaping to be consistent with the originally
approved plan if one exists, or in similar kind, to landscaping material being
removed. The intent is to require the ongoing maintenance of landscaping
throughout the Village while specifically prohibiting the removal of landscaping
materials under the guise of maintenance.
Consensus of the Village Board was to support staff recommendation.
Driveway Width
The Village Code currently limits the maximum permitted driveway to 35% of the lot
width. There are special exceptions for lots less than 60 feet or greater than 75 feet
in width however. The Code includes an exception for driveways that serVe three-
car garages allowing a maximum driveway width that would match the width of the
garage no greater than 32 feet within fifteen feet of the garage's front elevation. The
driveway width must then be tapered to a width no greater than the maximum
allowable driveway width as would normally be allowed by Code. This approach is
designed to reduce the driveway width that is in keeping with the property and do not
overly impact the surrounding neighborhood.
He stated that recent trends in home design have seen an increase in the number of
two, three and four-car and orientation of front, side and rear-load garages. With
this in mind, staff believes it is necessary to address the driveway width issue to be
consistent with the front of the garage and the width at the curb.
General consensus of the Village Board was to clarify the definition of a three-
car garage with the necessary functionality of such a garage and further
develop the language to minimize excess pavement or access to the garage
from the street.
Attached Garaqes
Staff is recommending elimination of current references to single-family residences
as permitted uses with attached or detached garages and consolidate the definition
of single-family dwellings with attached or detached garages. This would eliminate
the specific reference to the three-car garage.
Consensus of the Village Board was to accept staff recommendation for
deletion of the reference specific to a three-car garage.
Pavement Separation
Mr. Cooney stated there are currently Code regulations defining a paved surface but
the regulations do not clearly delineate one pavement type from another where
pavement types are adjacent to one another. For example, if a driveway is serving a
detached garage at the rear of the property which is located directly adjacent to a
patio, it is possible for the patio area to become either temporarily or permanently a
parking pad allowing the vehicle access to the patio area directly from the driveway.
Staff is recommending a separation of at least 24" between paved areas such as
driveways, patios and service walks. Twenty-four inches is consistent with the
typical width of a lawnmower so the area can be maintained
Consensus of the Village Board was to accept the Staff recommendation of a
separation of at least 24" between driveway pavement and patio surface.
Unenclosed Front Porches
Mr. Cooney stated that the Village Code currently allows unenclosed front porches
to encroach up to five feet into the required front yard. HOwever, this encroachment
requires review and recommendation by the Planning and Zoning Commission and
approval bY the Board of Trustees. in reviewing the recent history of Conditional
Use applications for unenclosed front porches, staff has found that each application
during the past two years has been approved, all with unanimous approval by both
the Planning and Zoning Commission as well as the Board of Trustees.
In light of these statistics, staff is recommending that the Planning and Zoning
Commission be final on such structures thereby not requiring the Village Board final
approvall
Consensus of the Village Board was to accept staff recommendation and alloW
Planning and Zoning Commission to be final on unenclosed front porches.
Compost Pile Locations
Mr. Cooney stated there are currently no regulations regarding the location of a
compost pile on a property.
He is suggesting that the compost pile regulations include a minimum setback of at
least five feet and not permitted Within the front yard.
Consensus of the Village Board was to accept the staff recommendation of the
five-foot setback and the prohibition in the front yard.
Gravel Driveways
Mr. Cooney is suggesting that there are few remaining gravel driveways in the
Village and the current Development Code requires gravel driveways to be repaired
once they are worn out, however, it is difficult to enforce such a regulation whereby
the owner can just add additional gravel and then continue with the gravel driveway
indefinitely.
To address this issue, staff is recommending that language be included in the
Village Code phasing out gravel driveways with a date specific so that the driveway
can be paved. Staff is suggesting acompliance date of January 1,2009.
Consensus of the Village Board was to support the phase-out period with
proper notification to residents and suggested assistance to the residents if
necessary. The Board also wanted to know how many gravel driveways
actually exist so they would have an idea of how many residents would be
impacted by such a phase-out.
Fla_cll~oles and Flaqs
Mr. Cooney stated the Village Code does not currently restrict the height or number
of flagpoles as well as the number of flags within the single-family or multi-family
districts. He also stated that the Code excludes flagpoles from various residential
height limitations such as chimneys, steeples and radio/television antennas attached
to the principal structure. In addition, the Code is silent with regards to flags and
flagpoles within other zoning districts.
Staff is recommending a maximum of one flagpole per lot with not more than two
flags per pole with the maximum flagpole height not exceeding the District's height
limitations for principal structures. For non-residential properties, the
recommendation is a maximum of three flagpoles with no more than two flags per
pole per zoning lot. Again, the maximum height permitted for flagpoles shall not
exceed the District's height limitations for principal structures.
General comments from Village Board members included the following items:
There was some discussion regarding the standard height in the various zoning
districts and possible restriction on the flag size.
Consensus of the Village Board was to direct staff to research typical heights
of flagpoles and flag size in order to address possible noise created by the
flagpole and flag, but was supportive of staff recommendation.
Location of Port-a-Pots
Mr. Cooney stated the Village does not currently have any specific regulations
regarding the permitted locations for port-a-pots on properties during construction
activity.
Staff is recommending that port-a-pots cannot be located either in the permitted side
yards or within any right-of-way.
Consensus of the Village Board was to accept staff recommendation for
location of port-a-pots,
Residential Construction Site Fencinq
Mr. Cooney stated that there are currently no regulations in the Village Code
regarding fencing around construction sites of single-family residential homes.
Staff is recommending that when such site fencing is installed, it is maintained for
safety concerns and it be a minimum of four feet for new construction, teardowns
and major additions.
Consensus of the Village Board was to support staff recommendation.
CDBG Single-Family Rehabilitation Loan and Repayment Requirements
Mr. Cooney stated that the repayment period is solely a Village regulation and is not
required by HUD as part of the CDBG program. He stated the current repayment
period created a 20-year repayment time limit, however, he stated that there would
be no adverse impact if the repayment of the loan would be made at the time the
property is sold versus requiring a repayment after the 20-year period.
Staff is recommending that the time limit for repayment be eliminated entirely, thus
requiring repayment of the loan only at the time of the sale of the property.
Consensus of the Village Board was to allow repayment of the no interest loan
at the time of sale or title change and the loan would be callable if the loan
holder were not to reside in the home.
Merrill Cotten, 2710 Briarwood Drive West, spoke. He stated that he appreciates the
Board's effort in going through so many issues this evening and complimented the
Board on considering all the needs of the residents without adversely impacting their
ability to enjoy their own property.
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illage Manager Janonis stated that many of the items would need to go before the
Planning and Zoning Commission for input prior to bringing it back to the Village
Board. That would be the next steps in the process so many of these items may be
coming back in small increments.
VI. VILLAGE MANAGER'S REPORT
Village Manager Janonis stated Coffee with Council is scheduled for September 13, from
9:00 a.m. to 11:00 a.m. at the Village Hall, second floor conference room.
VII. ANY OTHER BUSINESS
Trustee Skowron wanted to thank Trustee Hoefert for his assistance in Mayor Pro Tem
effods for the evening and keeping the discussion succinct and focused on a conclusion for
each item.
Trustee Wilks requested some discussion about removable speed bum ps in the near future.
VIII. ADJOURNMENT
DS/rcc
There being nc further business, the meeting adjourned at 10:09 p.m.
DAVID STRAHL
Assistant Village Manager
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