City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, OCTOBER 17, 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 City Clerk Sharon Barrett- Hagen. Upon roll call, the following were: Physically Present: Councilwoman Suzanne Fitch Councilman John Prendiville Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Phil Suess Absent: Mayor Michael J. Gresk City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Robert R. Lehnhardt, Finance Director James Volpe, Chief of Police Sharon Barrett-Hagen, City Clerk 2, APPOINTMENT OF MAYOR PRO TEM Councilman Scalzo moved and Councilman Rutledge seconded that Councilman Suess be appointed Mayor Pro Tem for this evening’s meeting. Roll Call Vote: Ayes: Councilman Rutledge Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Motion Carried Unanimously 3. PRESENTATIONS Mayor Pro Tem Suess recognized Finance Director Bob Lehnhardt for receiving the Distinguished Budget Presentation Award. He stated this award is granted by the Government Finance Officers Association and is the 15th year the City has received this award. Mayor Pro Tem Suess congratulated Finance Director Lehnhardt and his staff on this achievement. 4. CITIZENS TO BE HEARD Mayor Pro Tem Suess welcomed four Wheaton North High School students to the meeting. The students are part of an AP Government class at Wheaton North. Council Proceedings October 17, 2016 / Page 2 5. CONSENT AGENDA Councilman Rutledge moved and Councilman Prendiville seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the October 3, 2016 regular Wheaton City Council Meeting, as submitted. 2. Approve Requests and Authorize Issuance of Special Event Permits to Emerson Elementary PTA – Emerson Turkey Trot and to the Downtown Wheaton Association – Witches of Wheaton/Girls Night Out, DWA Boo-Palooza and Annual Chili Cook-Off. 3. Receive Planning & Zoning Board Report Re: ZA #16-21/Rear Yard Setback Variation/520 W. Indiana Street/Archadeck of Chicagoland and Pass Ordinance No. F-1969, An Ordinance Granting a Rear Yard Setback Variation on a Certain Piece of Property Commonly Known as 520 West Indiana Street – Archadeck of Chicagoland. 4. Adopt Resolution R-53-16, A Resolution Authorizing the Disposal of Surplus Property (Fire Department). Roll Call Vote on Consent Agenda: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Motion Carried Unanimously 6. ADOPT RESOLUTION R-54-16, A RESOLUTION AUTHORIZING THE INSTALLATION OF HONORARY STREET SIGNS FOR LCpl NICHOLAS LARSON AND SSG ROBERT MILLER Councilman Scalzo moved and Councilman Saline seconded that Resolution R-54-16, A Resolution Authorizing the Installation of Honorary Street Signs for LCpl Nicholas Larson and SSG Robert Miller, be adopted. City Manager Dzugan stated the resolution before the Council would authorize the installation of honorary streets signs at the intersection of West & Front Streets in honor of LCpl Nicholas Larson and at the intersection of West & Wesley Streets in honor of SSG Robert Miller. He recommended approval of the resolution as presented. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Motion Carried Unanimously Council Proceedings October 17, 2016 / Page 3 7. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZA #16-19/LANDSCAPE SETBACK VARIATION/700 AND 800 EAST ROOSEVELT ROAD/KEY DEVELOPMENT PARTNERS – LA FITNESS Councilwoman Fitch moved and Councilman Saline seconded that the Planning & Zoning Board Report Re: ZA #16-19/Landscape Setback Variation/700 and 800 East Roosevelt Road/Key Development Partners – LA Fitness, be received and that the City Attorney be directed to prepare an ordinance approving amendments to the restrictive covenant. City Manager Dzugan stated the Planning & Zoning Board held a Public Hearing on September 13, 2016 on a variation request for a health club facility on the property located at 700 and 800 East Roosevelt Road. He indicated a revised plan was submitted to the City on October 10, 2016 which eliminated the variation and which brought the site plan into full compliance with City Code. However, a restrictive covenant exists on the property restricting a building on the south 103 feet of the lot. City Manager Dzugan stated the applicant is requesting the City abrogate this restrictive covenant. Mr. Derrick Foreman, 809 Pershing Avenue, expressed his concerns regarding pedestrian safety due to the lack of sidewalks and the amount of traffic currently on Pershing. He stated Pershing is a dangerous street, people are using Pershing to avoid Roosevelt Road, and he feels the increase in traffic resulting from this development will make the situation worse. He asked the Council to consider reducing the amount residents need to pay under the 50/50 Sidewalk Program for the installation of sidewalks on Pershing. Mr. Robert Challenger, 706 Weaver Ct., stated his concerns revolve around traffic. He stated Pershing is a narrow street that is poorly lit and is commonly used as a shortcut to avoid Roosevelt. He feels this development poses a serious threat to the neighborhood. Mr. Challenger stated he is very much opposed to this development. Mr. Rino Philip, 712 Pershing Avenue, expressed concerns about increased traffic on Pershing, especially with the lack of sidewalks. He asked it if would be possible to block access to Roosevelt from Chase Street. Mr. Tim Weber, 709 Weaver Ct., directed the Council’s attention to the petition he submitted containing 76 signatures of neighbors opposed to this development. He expressed concerns about traffic and the possibility of a future request for access to and from Chase. He also believes that increased traffic may have a negative impact on property values. Mr. Weber would like the property to be developed, but feels this is not the best project for the site, and he urged the Council to find a more suitable project. Mr. Jason Gucwa, 422 Pershing Avenue, indicated he has the same concerns expressed by his neighbors. He stated he is concerned about the number of cars speeding down Pershing and using it as a short cut. He asked what the City will do to make Pershing safer and deter the street being used as a short cut if this project is approved. Mr. Jerry Kropp & Mrs. Lisa Kropp, 803 Pershing Avenue, stated their concern was the project’s proximity to their back yard and run off from the development causing additional flooding in the area. They also expressed concerns about the power lines running directly across their back yard. Mr. Tom Hubek, 805 S. Chase Street, is concerned about the hours of operation, noise issues, flooding and drainage, traffic, and the possibility of a future curb cut on Chase. He asked that the Council not remove the restrictive covenant. Mr. Dan Halm, 701 Pershing Avenue, feels that if the restrictive covenant was removed, the building would be too close to residences located south of the development. He feels property values would be affected and residents would have a difficult time selling their homes in the future. Council Proceedings October 17, 2016 / Page 4 Mr. Steve Moore, 811 S. Chase Street, stated he would be directly impacted by this development. He expressed concerns about the height of the building, reduced property values, hours of operation, the proximity of the trash enclosure to residences, and the safety of the residents walking on Pershing. He would like the restrictive covenant to remain in place. Mr. Moore also feels the proposed fence would not serve as an adequate buffer for noise and light from the development. Ms. Anne Fung, 609 Pershing Avenue, stated this is an area with partial sidewalks and insufficient lighting and it is difficult to see people who are walking in the street. She commented on the lack of speed limit signs on Pershing and stated the traffic is already overwhelming with people using Pershing to avoid Roosevelt. Ms. Fung does not believe this is an appropriate business for the site with operations 10 – 12 hours per day and the traffic that would be generated. Ms. Ruby Gill, 628 Evergreen Street, believes this is a great opportunity for the City to improve landscaping on Roosevelt from President Street to Naperville Road. She suggested the setback of buildings along Roosevelt Road be consistent and that the proposed building setback be measured with other building setbacks. Ms. Jennifer Hatzold, 816 Pershing Avenue, indicated her major concern is traffic and the lack of sidewalks. She is concerned about the restrictive covenant being lifted and the building moved back. Mr. Steve Panko, Key Development, representative for the applicant, confirmed the applicant has revised the plan resulting in no variances. He stated KLOA performed a traffic study and Mr. Michael Werthman would speak to that study. Mr. Panko stated they have removed the curb cut on Chase Street and have asked IDOT to allow two curb cuts on Roosevelt Road. He stated they are following City Code with regard to building setbacks, and will work with staff to ensure lighting does not intrude into residential back yards. With regard to the building placement on the site, Mr. Panko reported that LA Fitness rejected other alternatives. He feels the LA Fitness facility is the best use for the property and neighborhood. Mr. Michael Werthmann, KLOA, Inc. stated the applicant has eliminated access to and from Chase Street and are seeking for approval from IDOT for two full access driveways from Roosevelt Road. He stated that with the elimination of the Chase Street access, he does not see a lot of LA Fitness traffic using the residential streets and feels their impact on Chase and Pershing will be significantly limited. In response to Mayor Pro Tem Suess, Mr. Werthmann reported that Pershing Avenue is a two-way roadway with peak morning use of 59 vehicles and peak afternoon use of 73 vehicles. He stated that the study showed Chase Street with 21 vehicles in the morning and 39 in the afternoon. He feels this is typical for residential roads with two-way traffic during peak hours. Mr. Werthmann indicated LA Fitness will generate approximately 50 in and out trips during the morning peak hour and approximately 100 in and out trips in the afternoon peak hour. Mr. Werthmann is of the opinion that those vehicles would be on the roadway already as most people stop in on their way to work and on their way home from work. Councilman Prendiville questioned the need for 238 parking spaces. Mr. Werthmann stated peak use of the facility will be on Saturdays. Mr. Panko stated LA Fitness typically requires 250 parking spaces but they agreed to 238 for this particular facility. Mr. Dan Havlir, Northwestern Engineering Consultants, stated they will comply with all County and City stormwater regulations. He indicated the site currently has no stormwater measures and they will provide detention areas at the rear of the site. In response to Councilman Saline, Mr. Havlir stated their original plan was to run the power lines across the rear of the property, but are willing to run them along the east and north sides of the property subject to approval by Commonwealth Edison. Council Proceedings October 17, 2016 / Page 5 Councilman Rutledge sees a project that complies with Zoning Code requirements and will also comply with City and County stormwater regulations. He does not feel the building height is significant. He also supports eliminating access to Chase and is concerned that another developer might not agree to eliminate that access. Councilman Prendiville agrees with the option to close off access to Chase and feels the stormwater measures will be an improvement from the current conditions. He stated the property is located in a commercial zone and expressed his support as he feels this is a reasonable development. Councilwoman Fitch believes this is a great improvement over what currently exists and traffic will be an issue with any development of the site. She would like to see the issues raised by the neighbors, such as sidewalks and lighting on Pershing, addressed separately and not as a part of this project. Councilwoman Fitch stated applicant is proposing a 42 foot setback rather than the 15 feet required by Code. She expressed her support for abrogating the restrictive covenant. Councilman Scalzo agreed with many of the statements made by other Council members. He stated the traffic issues, as well as the safety concerns raised by the neighbors, are taken seriously by the Council. He indicated the City is currently conducting a study of residential speed limits which will be discussed at a future Planning Session. Councilman Scalzo also feels the flooding issues have been addressed by this plan. He stated he is in favor of abrogating the restrictive covenant. Councilman Saline indicated he would vote to abrogate the restrictive covenant but would be in favor of amending it to include safeguards for the neighborhood such as prohibiting access to Chase. He questioned if LA Fitness would be willing to put the detention area outside of the fence to improve green space. He asked staff to return with an amended restrictive covenant. In response to Councilman Rutledge, Director of Engineering Redman stated lighting is controlled under the City’s Zoning Ordinance. He said glare from the parking lot lighting cannot spill onto residential property. In response to Mayor Pro Tem Suess, Mr. Panko stated the hours of operation would be 5 a.m. to 11 p.m., which is standard for LA Fitness facilities across the country. City Attorney Knippen summarized that some members of the Council are supportive of abrogating the restrictive covenant and others have expressed a desire not to. He advised that the restrictive covenant could be amended with additional conditions. Councilman Prendiville stated he would support amending the restrictive covenant to provide greater protections for the residents. Councilwoman Fitch, as well as Councilmen Scalzo and Saline also support amending the restrictive covenant. Mayor Pro Tem Suess suggested the restrictive covenant be amended to require a rear setback of no less than 42 feet, elimination of any curb cuts on Chase Street, and the installation of power lines on the east and north sides of the property. Mr. Panko made a commitment to not install the power lines on the south side of the property if Commonwealth Edison agrees with that plan. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Council Proceedings October 17, 2016 / Page 6 Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo Nays: None Absent: Mayor Gresk Motion Carried Unanimously 8. ADOPT RESOLUTION R-55-16, A RESOLUTION AUTHORIZING THE BINDING OF LIABILITY INSURANCE COVERAGES FOR NOVEMBER 1, 2016 THROUGH OCTOBER 31, 2017 Councilman Rutledge moved and Councilman Prendiville seconded that Resolution R-55-16, A Resolution Authorizing the Binding of Liability Insurance Coverages for November 1, 2016 through October 31, 2017, be adopted. City Manager Dzugan stated the resolution before the City Council would provide liability insurance for the City for the insurance plan year beginning on November 1, 2016 through October 31, 2017. He stated the coverage would cover general liability, workers compensation, cyber liability and property at a renewal rate of $316,247. He recommended approval of the resolution as presented. Councilman Rutledge questioned if there were any benefit to increasing deductibles. Finance Director Lehnhardt responded the City could potentially save $1,000 - $2,000 if deductibles were higher, but there would be a greater risk of exposure. Roll Call Vote: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Motion Carried Unanimously 9. RECEIVE RECOMMENDATION TO AWARD BID FOR DUI PROSECUTION SERVICES TO MARQUARDT & BELMONTE, PC IN THE AMOUNT OF $48,000 Councilman Rutledge moved and Councilman Prendiville seconded to receive the Recommendation and Award the bid for DUI Prosecution Services to Marquardt & Belmonte, PC in the amount of $48,000. City Manager Dzugan stated the City went out for bid for DUI Prosecution Services. He reported that seven bids were received and the lowest responsive bid proposal was received from Marquardt & Belmonte, PC. He recommended approval of the bid award to Marquardt & Belmonte, PC for DUI Prosecution Services in the amount of $48,000. Councilwoman Fitch stated she would vote no on this bid award as she feels the City should stay with its current DUI prosecutor, Michelle Moore. City Manager Dzugan stated Ms. Moore’s contract was awarded in 2011 and it is the City’s general policy to go out to bid every 4 – 5 years for service contracts. Council Proceedings October 17, 2016 / Page 7 Police Chief Volpe stated there were several factors considered during the City’s review and interview process, such as energy, drive, staff commitments and a desire to work hard for the City. He stated the City utilized the services of Marquardt & Belmonte in a previous case where Ms. Moore had a conflict of interest and staff was pleased with their work. In response to Councilman Rutledge, Chief Volpe replied it is important to have two attorneys in the courtroom and the City has received that commitment from Marquardt & Belmonte. Councilman Scalzo believes both firms are experienced and competent but that does not preclude the City from going in another direction. He feels the vetting process was done properly at the staff level and Marquardt & Belmonte have a good prosecutorial reputation. In response to Mayor Pro Tem Suess, Chief Volpe stated many firms provide defense as well as prosecution services. City Attorney Knippen stated it can be a benefit to have a firm that understands both sides of the issue and that it increases their strategic knowledge. Mayor Pro Tem Suess questioned the process used to evaluate the work of the DUI prosecutor. Chief Volpe replied they looked at the number of cases they handle, how many cases they try and how many cases they win. He said staff also looked at the level of communication between the prosecutor and City staff. In response to Mayor Pro Tem Suess, Chief Volpe stated that whether or not to plea or try a case depends on the circumstances of the case; i.e., whether or not it is a first offense, what the test results are, whether or not there was resisting or obstructing an officer, etc. City Attorney Knippen indicated the contract contains a termination clause which gives the City significant control over the contract. He feels the City is well protected from any issues that may arise during prosecutions. Councilman Scalzo stated that many firms do both defense and prosecutorial work. Councilman Prendiville also agrees that there is no conflict for firms to handle both defense and prosecutions. Roll Call Vote: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo Councilman Prendiville Nays: Councilwoman Fitch Absent: Mayor Gresk Motion Carried 10. COUNCIL COMMENT Councilman Rutledge thanked the Pershing Avenue neighbors for meeting with him. He also thanked the Wheaton North students for attending the meeting. 11. APPROVAL OF WARRANT Councilman Scalzo moved and Councilman Saline seconded that Warrant No. 690 in the amount of $1,926,117.68 be approved. Roll Call Vote: Ayes: Councilman Scalzo Council Proceedings October 17, 2016 / Page 8 Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Motion Carried Unanimously 12. ADJOURNMENT Councilman Rutledge moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 8:40 p.m. Roll Call Vote: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk