City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, FEBRUARY 1, 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 Mayor Gresk presided over a swearing-in ceremony for Brian Gabryel and Jill Uhlir who were sworn in as Police Sergeants, William Cooley who was sworn in as a Police Lieutenant and William Murphy and Donald Wilson who were sworn in as Deputy Chiefs of Police. Mayor Gresk read and presented a proclamation to Ms. Karen Barlow of the Perrin-Wheaton Chapter of DAR, recognizing their 88th anniversary. On behalf of the 133 members of the organization, including 109 year old Merle Phillips, Ms. Barlow thanked the Mayor and City Council for their support. 3. CITIZENS TO BE HEARD None. 4. CONSENT AGENDA Councilman Suess moved and Councilman Scalzo seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the January 19, 2016 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-06-16, A Resolution Authorizing the Disposal of Certain Surplus Property. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Council Proceedings February 1, 2016 / Page 2 Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 5. RECEIVE STAFF REPORT RE: ZONING APPLICATION #15-22/REZONING & PUD/208 NORTH WEST STREET/AIRHART CONSTRUCTION Councilman Suess moved and Councilman Prendiville seconded that the Staff Report Re: Zoning Application #15-22/Rezoning & PUD/208 North West Street/Airhart Construction, be received. City Manager Rose stated the City Council reviewed and discussed at length a report from the Planning & Zoning Board at their January 4, 2016 meeting which was continued to this evening’s meeting. He referenced the January 26, 2016 memorandum from Director of Planning & Economic Development Kozik which provided additional information for the Council’s review relating to a number of issues that arose during previous discussions. City Manager Rose recommended the Council receive the staff report. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously Mr. Matthew Caruso, 411 W. Wesley, feels this is not the right project for the neighborhood and stated he filed a “Adjoining Owner Protest Under 65 ILCS 5/11-13-14” against the proposed development. He feels the property owner is requesting a government bailout and feels the PUD process should not be used to relieve a personal financial hardship. Mr. Caruso hopes the Council listens to the neighbors who are in favor of development but not this development. City Manager Rose confirmed the “Adjoining Owner Protest Under 65 ILCS 5/11-13-14” was received by the City earlier today and a copy distributed to each Council member. Ms. Nanette Waters, 490 W. Seminary, stated she is in favor of the development of single family homes, but agrees with staff’s position that they should be situated facing Wesley Street. She expressed concerns about the configuration of the motor court accessing an already congested alley. Mr. Kipfer, 907 Pershing Avenue, commented about the size of the PUD. He feels Wheaton’s future success will be based on careful planning and zoning, but not necessarily on a PUD for one lot. Mr. Kevin Illia, 400 W. Seminary, stated the neighbors would like to see the property developed but have concerns about the motor court. He said they would like to see something come out on Wesley Street, rather than the alley. Council Proceedings February 1, 2016 / Page 3 Mr. Court Airhart, Airhart Construction, 500 E. Roosevelt Road, West Chicago, stated their presentation last time was meant to show what could be built under the existing zoning. Councilman Scalzo questioned if there was any preference to have the motor court exit onto Wesley Street rather than the alley. Mr. Airhart replied that he looked at a variety of ways. He stated staff had indicated they did not want that type of access because a parking space would be lost and the driveway traffic may impact pedestrians. Councilman Prendiville stated staff and the Planning & Zoning Board have expressed their opposition to the proposed east/west orientation. He believes the City Council should require a north/south orientation and feels the addition of the motor court is not a good idea when there already is an existing alley. Councilman Prendiville feels the Council was threatened at the last meeting with a building that would tower over neighboring property and stated that is not how the City does business. He believes this would be a good development with a north/south orientation and indicated he would vote no on the development as submitted. Councilman Prendiville mentioned that the staff memorandum contained comments about trash and snow removal. Director of Planning & Economic Development Kozik stated the City has received a standard version of a homeowner agreement and he recommended that specific language as to how trash and snow removal will be accomplished should be included in an ordinance, as well as the homeowners agreement. Councilman Prendiville feels the Planning & Zoning Board should have an opportunity to discuss those issues. He also stated City Code requires the homeowner agreement to be submitted along with the application for development and questioned whether Code requirements were followed in this case. City Attorney Knippen stated that historically the City, despite the language in the Code, has not required homeowner agreements to be submitted with the application. He advised the City has three options: (1) waive the requirement and not require the homeowner agreement to be submitted with the application (the 2nd District Court of Appeals has ruled that home rule municipalities may override their own code), (2) send the matter back to the Planning & Zoning Board for an additional public hearing for the purpose of conducting additional discussion, or (3) the City Council could retain the matter and conduct its own public hearing. City Attorney Knippen also stated that the Council could hear public comment about trash and snow removal as part of its consideration of an ordinance regarding this matter without a public hearing. Councilman Suess questioned the process for review of homeowner documents. City Attorney Knippen stated staff usually receives the documents after the initial application submission but prior to ordinance consideration. He stated that if anything significant is found during staff’s review, language could be incorporated into the ordinance to ensure the Council, as well as any purchasers of the property, are protected. City Manager Rose stated most homeowner agreements are similar in nature with regard to maintenance responsibilities. He agrees that it would be beneficial for the homeowner agreement for this development to contain language regarding where to locate and have trash picked up, snow removal from the drive area, as well as responsibilities with regard to the stormwater system. He also raised the possibility of an easement on the westerly side of the property to facility the design of future development. Councilman Prendiville suggested that the zoning ordinance and PUD process should be reviewed to ensure they are working in the real world. He feels the homeowner documents should be submitted with the development application so the public has an opportunity to review and discuss those issues with the developer. Council Proceedings February 1, 2016 / Page 4 Councilman Saline asked if the idea was to discuss the issues raised by the neighbors, get the developer’s solutions to those issues and then include those solutions in an ordinance. City Manager Rose stated the Council would determine what language should be included in the homeowner documents, as well as the ordinance. The next step would be to decide if the Council wants to refer this to the City Attorney for ordinance preparation approving or denying the development. With regard to the homeowner agreement, City Manager Rose stated they are usually very generic in nature and that is why the practice has developed to have them submitted later, allowing staff time to review all the documents and then craft the homeowner document to correspond with the specific development. Councilman Prendiville suggested that the City Code be amended to reflect current practices. He also questioned the type of trees that are being proposed. Councilman Prendiville moved and Councilwoman Fitch seconded, that this matter be sent back to the Planning & Zoning Board for an additional public hearing. Councilman Scalzo indicated they could be a fourth option which is to include specific conditions for approval in the ordinance. City Attorney Knippen responded that staff can approve certain administrative variations and would also determine the mix of trees on the property. He stated the Council can provide direction to staff as to how the Council would like certain issues handled. Councilman Scalzo indicated that he supports public comment, but he would like to give staff the opportunity to work out these issues. Councilman Suess stated he is in favor of a dialogue between staff and the developer and returning to the Council with staff’s recommendations. He is not in favor of sending the matter back to the Planning & Zoning Board and feels any further public discussion should be held at the Council level. Councilman Suess agrees that items agreed to by staff and the developer should be incorporated into the ordinance. Councilwoman Fitch also agrees that additional public comment before the City Council would be appropriate. Councilman Prendiville amended his motion, with Councilwoman Fitch agreement, that the matter should return to the City Council for further public discussion. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 6. ADOPT RESOLUTION R-07-16, A RESOLUTION APPROVING THE FINAL PLAT OF JOHNSON’S SUBDIVISION (114 NORTH PRESIDENT STREET) Councilman Rutledge moved and Councilman Saline seconded that Resolution R-07-16, A Resolution Approving the Final Plat of Johnson’s Subdivision (114 North President Street), be adopted. Council Proceedings February 1, 2016 / Page 5 City Manager Rose stated the owner of the property located at 114 North President Street has submitted an application for final plat approval to subdivide the subject property into two single family lots. He stated staff has reviewed the request and has no objection. City Manager Rose recommended approval of the resolution as presented. 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 7. COUNCIL COMMENT Councilman Scalzo thanked everyone for coming to the meeting. He indicated tonight’s meeting was an example that there can be large impediments to running government like a business as everything needs to be open and transparent. Councilman Suess feels the City needs to take a step back with regard to some of its procedures, particularly with respect to planning and zoning issues as there are often different answers provided. Mayor Gresk agreed with that suggestion. Mayor Gresk also thanked the residents in attendance for the civility and decorum they expressed. 8. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 673 in the amount of $1,164,954.19 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 9. ADJOURNMENT Councilman Scalzo moved and Councilman Suess seconded that the regular Wheaton City Council Meeting be adjourned at 8:02 p.m. Council Proceedings February 1, 2016 / Page 6 Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: None Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk