City Council Planning Sessions

MEMORANDUM TO: Record FROM: Susan Bishel, Public Relations Coordinator SUBJECT: September 11, 2017 City Council Planning Session Minutes DATE: September 12, 2017 CC: Mayor and City Council, City Manager, City Clerk, Department Heads The Planning Session took place in the Council Chambers, Wheaton City Hall, 303 W. Wesley St., Wheaton, Illinois. Those attending the Planning Session included: Mayor Gresk, Councilwoman Fitch, Councilman Prendiville, Councilman Rutledge, Councilman Scalzo and Councilman Suess. Councilman Barbier was absent. Also in attendance were City Manager Dzugan, Assistant City Manager Duguay, Director of Planning & Economic Development Kozik, Director of Building & Code Enforcement Kreidl, Code Enforcement Officer Zdan and Public Relations Coordinator Bishel. The session began at 7:49 p.m. following the conclusion of a public hearing and concluded at 8:58 p.m. The following items were discussed: I. Call to Order The Wheaton City Council Planning Session was called to order at 7:49 p.m. by Mayor Gresk. II. Approval of Minutes – August 14, 2017 and August 28, 2017 The Council approved the August 14, 2017 and August 28, 2017 Planning Session Minutes. III. Public Comment There were no public comments. IV. Proposed Changes to Fence Ordinance Director of Building & Code Enforcement Kreidl stated in the course of issuing permits for fences in front yard corner lots, City staff has found that the Wheaton City Code doesn't adequately address when the entrance of the building faces the side yard adjacent to a street. He stated currently, property owners can have a 3-foot-tall decorative-style fence in the front yard of a home and a 4-foot-tall fence in the side yard where traffic is under 3,000 vehicles per day. Fences of up to 6 feet are allowed along the side yard for streets that exceed 3,000 vehicles per day. However, the code does not properly apply these standards when a front entrance of a building faces a side yard adjacent to the street, and there are some instances in which buildings have a 6-foot or 4-foot fence in front of the building's entrance. Director of Building & Code Enforcement Kreidl stated a 4-foot or 6-foot fence restricts access to the front entrance, which is needed for emergency responders and deliveries, and can put people in danger if property owners use this area to contain dogs. City staff also believes allowing taller fences in front of the entrance is detrimental to the “open” suburban feel of a front yard. City staff proposes a change to the City Code for corner lots that would require fences in front of the home's front entrance to be no more than a 3-foot-tall decorative fence. For a corner lot where the front entrance is located along what is technically considered a side yard, this would mean extending the requirement for a fence no taller than 3 feet from the front yard to the area of the side yard containing the front entrance. The proposed change would give non- conforming property owners until 2037 to comply with the changes, but would require property owners to comply with the new standards when replacing a large portion of their non- conforming fence. Assistant City Manager Duguay stated the City could communicate information about fence requirements in general and when property owners need a permit, along with the changes to the ordinance. In response to Council questions, City Manager Dzugan stated staff will work on clarifying the language for the front yard definition and will bring the proposed ordinance before the City Council for its formal consideration. V. Proposed Changes to Chapter 78 of the Wheaton City Code – Vegetation Assistant City Manager Duguay stated staff is recommending changes to Chapter 78 of the City Code related to vegetation. The first proposed change would place a lien on a property if a homeowner does not have overhanging branches removed within 14 days of being notified by the City. In response to Council questions, Assistant City Manager Duguay stated the proposed time limit could be changed, as some cities give homeowners as little as 5 days or as much as 30 days to remedy the violation. The majority of the Council expressed an interest in giving a homeowner more time to remedy the situation. In the section related to insects, pests and plant disease, Assistant City Manager Duguay stated the proposed change would give the property owner 5 days to abate the issue, because many of these situations could quickly affect neighboring properties and pose a danger to others or their properties. In response to Council questions, Assistant City Manager Duguay stated there is 9-11-17 Planning Session 2 currently no time limit given for when the problem must be resolved. Some Council members expressed concern that 5 days could be too short of a time frame for some people to hire a contractor to remedy a pest situation. Code Enforcement Officer Zdan stated the reason for the short time frame is because there may be cases where immediate action is needed. The City can give a property owner an extension if they show they are taking action to remedy the problem, such as hiring a contractor. She stated the proposed 14-day time frame for overhanging branches is to address hazardous situations, such as a tree that was hit by lightning, causing a hazardous situation with a hanging limb. Some Council members suggested the City should have two sets of standards: a short time frame for situations that City staff deems to be dangerous or an immediate hazard, and a slightly longer time frame for remediating other violations that do not require immediate action. In response to Council questions about how the City charges property owners when the Forestry Division has to remove overhanging trees, Code Enforcement Officer Zdan stated the City charges by how many people are needed for the job, equipment used and for how long. At the Council's request, Assistant City Manager Duguay stated the City could add language to the ordinance to add flexibility for any future epidemics that affect trees or plants. In response to Council questions about dead trees on private property, Assistant City Manager Duguay stated the Forestry Division's focus at this point is on parkway trees, and dead trees not in the public right-of-way involve private property issues. Code Enforcement Officer Zdan reviewed the portion of the ordinance relating to weeds and the proposed changes. City staff recommends including plants identified by the Illinois Department of Agriculture as aggressive and toxic weeds. The changes would update the language to define a weed versus weed tree, clarifying the property owner's responsibility to maintain the parkway, and that the City has no obligation to replace plants that must be removed in the public right- of-way. In response to Council questions about liens and fees, City Manager Dzugan stated staff will provide the Council with information on how many instances city staff contracted to have property issues (tall grass, weeds) abated when property owners did not respond in a timely manner to the notice, and the number of times it is necessary to lien properties. 9-11-17 Planning Session 3 To clarify Council questions about tall grass and weeds, Code Enforcement Officer Zdan stated any grass or weeds taller than 8 inches are in violation. VI. City Council/Staff Comments Councilman Suess acknowledged Kerry O'Brien of the Wheaton Chamber and the rest of the committee that organized the Wheaton Leadership Prayer Breakfast. VII. Adjournment The meeting was adjourned at 8:58 p.m. 9-11-17 Planning Session 4