City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, JANUARY 4, 2016 WHEATON CITY HALL, COUNCIL CHAMBERS, 303 W. WESLEY ST., WHEATON, IL 1. CALL TO ORDER AND ROLL CALL The regular Wheaton City Council Meeting was called to order at 7:00 p.m. by Mayor Michael J. Gresk. Upon roll call, the following were: Physically Present: Mayor Michael J. Gresk Councilwoman Suzanne Fitch Councilman John Prendiville Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Phil Suess Absent: None City Staff Present: Donald B. Rose, City Manager Michael G. Dzugan, Assistant City Manager James Knippen, City Attorney James P. Kozik, Director of Planning & Economic Dev. Paul G. Redman, Director of Engineering John M. Duguay, Director of Human Resources James Volpe, Police Chief Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS None. 3. CITIZENS TO BE HEARD Ms. Anne Conrad, 111 N. Wheaton Avenue, President of Wheaton Place Condo Association, stated the trespassers that are accessing the roof of their building from the parking garage have violated residents both personally and financially over the past 10 years. She said the Association has done everything it can to prevent trespassing, the Police Department has been very responsive, however, trespassers onto their roof continues to be a problem. Ms. Conrad expressed her hope that the City will share in the cost to install a fence on their condo building which, they believe, will deter trespassers from gaining access to the roof of their building from the parking garage. 4. CONSENT AGENDA Councilman Suess moved and Councilman Saline seconded that the following action be taken on the Consent Agenda items: 1. Approve the minutes of the December 21, 2015 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-01-16, A Resolution Authorizing the Disposal of Certain Surplus Property. 3. Approve Request and Authorize the Issuance of a Special Event Permit to the Downtown Wheaton Association – Ice “Cubed” Festival. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Council Proceedings January 4, 2016 / Page 2 Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 5. PASS ORDINANCE NO. F-1917, AN ORDINANCE AMENDING SECTION 38-2 (WAIVER OF EXEMPTION FROM POLICE OFFICER TRAINING STANDARDS,” 38-26 “CREATED; COMPOSITION,” 38-27 “DIVISIONS,” 38-35 “DEPUTY CHIEF OF POLICE; APPOINTMENTS AND RESPONSIBILITIES” AND 35-57 “REQUIREMENTS OF APPOINTMENT” OF CHAPTER 38 “LAW ENFORCEMENT” OF THE WHEATON CITY CODE Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. F-1917, An Ordinance Amending Section 38-2 (Waiver of Exemption from Police Officer Training Standards,” 38-26 “Created; Composition,” 38-27 “Divisions,” 38-35 “Deputy Chief of Police; Appointments and Responsibilities” and 35-57 “Requirements of Appointment” of Chapter 38 “Law Enforcement” of the Wheaton City Code, be passed. City Manager Rose indicated this item appeared at the December 21 City Council meeting as a first reading. He stated the ordinance amends the requirements for appointment as an auxiliary officer and also changes the command structure of the Police Department. City Manager Rose recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 6. APPROVAL OF REQUEST FROM WHEATON PLACE CONDOMINIUM ASSOCIATION FOR FINANCIAL ASSISTANCE FOR THE INSTALLATION OF A FENCE AND DIRECT CITY ATTORNEY TO PREPARE AN AGREEMENT BETWEEN THE WHEATON PLACE CONDOMINIUM ASSOCIATION AND THE CITY OF WHEATON Councilman Suess moved and Councilman Prendiville seconded to approve the Request from the Wheaton Place Condominium Association for Financial Assistance in the Amount of $5,875 for the Installation of a Fence and to Direct the City Attorney to Prepare an Agreement Between the Wheaton Place Condominium Association and the City of Wheaton. City Manager Rose reported the Council first discussed a request from the Wheaton Place Condominium Association for financial assistance to erect a fence on the roof of their building to prevent trespassers on Council Proceedings January 4, 2016 / Page 3 their roof at its meeting on November 2, 2015. The Association requested that the City fund half of the cost of the fence, as well as half of their engineering costs of $1,800. City Manager Rose stated the City has received an updated proposal in the amount of $9,950 for the fence, which was discussed with the Wheaton Place Condominium Association by the City’s Facilities Manager, Al Schefske. The Association has expressed its acceptance of the updated proposal. City Manager Rose indicated the question before the Council is whether or not the Council is agreeable to providing the requested financial assistance. If so desired, an agreement should be prepared, setting out the responsibility of each party to the agreement. Councilman Suess expressed his willingness to split the fencing and engineering costs for a total amount of $5,875. Councilman Scalzo indicated he is also supportive of providing the financial assistance, but is not in favor of providing future maintenance on the fence. He feels that while the City is not obligated to provide this assistance, he feels it is a matter of good will to do so as this is a unique situation. Councilwoman Fitch believes the trespass is occurring due to the openness of the City’s parking garage, but feels a fence is not the only option available. She suggested that no trespass signage be installed. Councilwoman Fitch is agreeable to provide financial assistance for half of the costs and agrees the City should not be involved with future fence maintenance. Councilman Prendiville also stated his support for providing the financial assistance. Councilman Saline stated he supports providing half of the stated costs, he believes this should be a one- time payment and no further assistance should be provided by the City. Councilman Rutledge stated the City Attorney has indicated the City has no liability in this matter and is concerned about a precedent being set if we agree to provide the financial assistance. Mayor Gresk supports providing the financial assistance in the amount indicated and agrees the City should not provide future fence maintenance. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Saline Councilman Scalzo Nays: Councilman Rutledge Absent: None Motion Carried 7. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #15- 22/REZONING & PUD/208 NORTH WEST STREET/AIRHART CONSTRUCTION Councilman Suess moved and Councilman Rutledge seconded to receive the Planning & Zoning Board Report Re: Zoning Application #15-22/Rezoning & PUD/208 North West Street/Airhart Construction. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Council Proceedings January 4, 2016 / Page 4 Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously City Manager Rose stated the request before the Council is to rezone the property from R-7 to R-6, as well as for a PUD to construct five single-family residences facing West Street following demolition of the existing office building located at 208 North West Street. He stated the Planning & Zoning Board reviewed this request at their November 10, 2015 meeting and voted 1-5 against the proposal as submitted with the east/west orientation. City Manager Rose indicated it is staff’s recommendation that a north/south orientation facing Wesley Street would be preferable as it would allow access to the public alley without a separate drive aisle. City Manager Rose recommended the report be received and the item referred to the City Attorney for an ordinance either approving or denying the request as submitted. Mr. Court Airhart presented a power point presentation and explained the scope of the project to the Council. He believes the proposed project will serve as a transitional development between downtown Wheaton and the residential area to the west. Mr. Airhart stated the proposed single family homes would be three stories in height, with a rear courtyard and unattached garages, accessed via a motor court from the existing alley. He indicated he would construct a six foot high privacy fence along the west and south property lines and install extensive landscaping. Mr. Airhart stated their request includes a down zoning request from the current R-7 zoning district that allows multi-family construction with a maximum height of five stories. He believes that the proposed east/west orientation is the best orientation for the project and that the development would be beneficial to the City. Mr. Matthew Caruso, 411 W. Wesley, owns the property to the immediate west of the proposed development. He urged the Council to say no to the proposal as he strongly believes the proposed homes should face south on Wesley similar to the existing homes on this block. Mr. Caruso expressed concerns about the reduced setbacks and the addition of the access drive at the rear of the property. Ms. Maureen Fogerty, 416 N. Main Street, spoke on behalf of the City’s Historic Commission. She expressed the Commission’s dismay at losing the existing historic structure on the site and the further erosion of historic sites on the City’s Northside. She believes that any new construction should meet the elements of the Northside Residential Overlay District, which would preclude the construction of five homes in the place of the existing home which was constructed in 1887. Mr. Bob Willock, 416 W. Seminary Avenue, stated that while he supports the redevelopment of the site and the removal of a decaying home, he feels five homes is too dense. He believes that three to four homes would be preferable. Mr. Willock also believes the homes should face Wesley and utilize the existing alley for access as he does not feel the motor court would work. He is concerned about water runoff and the numerous code exceptions that would be granted for the construction of five homes. He stated the Planning & Zoning Board voted against this project with a 1-5 vote and urged the Council to take appropriate action. Mr. Gary Grottke, 448 W. Seminary Avenue, expressed his opposition to the development as proposed. He believes that teeing off the existing alley for this development is not feasible. Mr. Grottke does not agree that reducing the number of homes and reorienting them to face Wesley would destroy the development. He requested that the City Council deny the project. Council Proceedings January 4, 2016 / Page 5 Mr. Kevin Illia, 400 W. Seminary Avenue, stated he is also opposed to the project as proposed and asked the Council to consider the statements made by neighboring residents during their review. Mr. Ron DaRosa, owner of the property at 208 N. West Street, believes that trying to maintain the existing home is not in the best interest of the property. He stated he has been unable to sell the property or fill rental units. Mr. DaRosa indicated that if the proposed development is denied, he may need to return to the City with a proposal for development as an R-7 allowable use. He asked the Council to approve the project. Councilman Scalzo stated he would support the project. He stated that based on what would be allowed under the current zoning and what is being proposed, he would defer to the property owner and their rights to develop the property. He agrees that maintaining the property as it currently exists is not feasible and stated that current zoning would allow for a much denser use. Based on that, he is in favor of the development as proposed. Councilman Scalzo left the meeting at 8:11 p.m. Councilwoman Fitch feels that while the project is nicely landscaped and designed and provides a nice transition in the neighborhood, she is concerned about the orientation. She believes it would be better to orient the project to face Wesley Street, a primary street, similar to West Street. She agrees with the rezoning from R-7 to R-6 to provide a better transition to the single family homes. However, she plans to vote no because of the orientation issue and feels the Council needs to be concerned about the overall development of Wesley Street and what would be consistent with the entire block. She does not feel this project would provide that consistency. Councilman Prendiville agrees with statements made by Councilwoman Fitch. He stated all the other homes in this area face south and feels this development should be consistent with that orientation. Councilman Rutledge also feels the orientation should be toward Wesley Street and does not agree with an east/west orientation. Councilman Saline stated he is in favor of the project. He agrees with the owner’s intent and his right to develop his property. Councilman Saline sees no detriment with an east/west orientation and would be inclined to vote in favor of the project as proposed. Councilman Suess expressed his support for the proposed development. He believes the applicant has been responsive to concerns raised by the Planning & Zoning Board and feels the project would be in compliance with regulations. Councilman Suess stated he is concerned that the property owner could return with a seven story multi-family building that would comply under the current R-7 zoning. He feels that the orientation issue is a subjective issue and not a regulatory issue. Councilman Suess understands the concerns expressed about the alley and the motor court, but does not believe the proposed project would be detrimental to the neighborhood. Mayor Gresk stated that while it is difficult to go against staff’s recommendations and the decision by the Planning & Zoning Board, he stated he would support the project. City Attorney Knippen stated that, based on statements by Council, it appears that any further motions would result in a tie and the motions would fail. Councilman Suess suggested the item be continued to the first meeting in February as Councilman Rutledge will not be present at the next meeting on January 19. Council Proceedings January 4, 2016 / Page 6 In response to Councilman Prendiville, City Attorney Knippen stated it is premature to consider whether five votes are needed to override the Planning & Zoning Board decision at this time as no ordinance is before the Council. He indicated he would research that question for the Council. Councilwoman Fitch questioned the Council’s ability to rezone the property. City Attorney Knippen stated he would prepare a legal opinion for the Council on that issue. Councilman Suess moved and Councilman Rutledge seconded that this issue be continued to the February 1, 2016 meeting. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 8. COUNCIL COMMENT Mayor Gresk stated there are several openings on City Boards and Commissions and encouraged interested residents to volunteer to serve. 9. APPROVAL OF WARRANT Councilman Suess moved and Councilman Prendiville seconded that Warrant No. 671 in the amount of $1,096,734.25 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 10. ADJOURNMENT Councilman Rutledge moved and Councilman Saline seconded that the regular Wheaton City Council Meeting be adjourned at 8:29 p.m. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Council Proceedings January 4, 2016 / Page 7 Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Scalzo Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk