City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, MARCH 20, 2017 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 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: 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. Vincent G. Laoang, Director of Public Works Arin Thrower, Public Information Officer Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Mr. Chip DeBlois and other members of JUST of DuPage in honor of the 30th anniversary of JUST of DuPage. Mr. DeBlois thanked the Council for recognizing the work of JUST of DuPage on behalf of incarcerated men and women and their families. 3. CITIZENS TO BE HEARD None. 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 March 6, 2017 regular Wheaton City Council Meeting, as submitted. 2. Approve Requests for Bond Waivers and Authorize Issuance of Raffle Licenses/Whittier Elementary PTA, Kiwanis Club of Wheaton and MidWest Dachshund Rescue. 3. Pass Ordinance No. F-2005, An Ordinance Amending City of Wheaton Ordinance Number E-3643 “An Ordinance Granting a Sign Setback Variation on a Certain Piece of Property Commonly Known as 2017-2025 North Main Street – The Willows of Wheaton Apartment Complex” 4. Adopt Resolution R-15-17, A Resolution Authorizing the Disposal of Certain Surplus Property (PW). Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Council Proceedings March 20, 2017/ Page 2 Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 5. RECEIVE PLANNING & ZONING REPORT RE: ZA #17-04/SUBDIVISION/1600 SOMERSET LANE/PULTE HOME CORPORATION AND DRAFT DEVELOPMENT AGREEMENT Councilman Suess moved and Councilman Saline seconded that the Planning & Zoning Report Re: ZA #17- 04/Subdivision/1600 Somerset Lane/Pulte Home Corporation and Draft Development Agreement be received. The motion was approved unanimously by voice vote. City Manager Dzugan stated the City has received a request for a 48-single family home subdivision on the property located at 1600 Somerset Lane, the Loretto Convent property. He stated this item has been before the City’s Planning & Zoning Board which recommended its approval at their February 28, 2017 meeting with a 4- 2 vote. He stated single-family homes are a permitted use in the I-1 Institutional District and the proposed lots meet or exceed subdivision lot width, lot depth and area requirements. In addition, City Manager Dzugan stated the Council has before it a draft Development Agreement for this development. City Manager Dzugan asked City Attorney Knippen to provide a legal review of the application. City Attorney Knippen stated in reviewing the legal issues involved in this matter, he reviewed the City Code, the City Zoning Ordinance, City of Wheaton meeting minutes and transcripts, all documents relating to the annexation of this property in 1989 including City ordinances, the Illinois Plat Act, the Illinois Statute of Limitations for Annexation Agreements, as well as 32 Illinois court cases. In his review, City Attorney Knippen stated he did not find anything that contradicted his conclusions that: (1) the Loretto Club subdivision preliminary plat does not require a zoning amendment – single-family homes are a permitted use in the I-1 Institutional District and are subject to bulk regulations governing construction; (2) the special use granted to the Loretto property does not require repeal or a zoning amendment to permit the construction of the proposed single-family homes – the special use previously granted does not remain with the land, it reverts back to the underlying zoning district when the property is sold; (3) a public hearing is not required for a plat of preliminary subdivision which complies with City Code; and (4) the Planning & Zoning Board does not have the authority to require a public hearing versus a public meeting. Mr. Vince Rosanova, 30 W. Jefferson Avenue, Naperville, attorney representing the developer, Pulte Home Corporation, advised the proposed subdivision would consist of 48 single-family homes on lots ranging in size from 7,927 to 15,000 square feet, extensive landscaping, constructed as ranch or ranch homes with a loft, would be no more than 30 feet in height and would have ground floor master bedrooms with two-car garages. Mr. Rosaova stated the project is “age-targeted,” and would have a homeowner’s association which would provide low maintenance living for the residents. Mr. Bobby McNeily, 323 E. Liberty Drive, expressed his hope that growth can be married to historical preservation. He believes that history provides a strong foundation and adds to the quality of life for Wheaton residents. He cited the old Courthouse as an example of a successful blending of growth and historical preservation. Ms. Nancy Flannery, 816 W. Elm Street, stated as Chair of this Historic Commission, her goal is historic preservation. She would like to be able to save the Jarvis Hunt house, but Pulte Home Corporation has reported Council Proceedings March 20, 2017/ Page 3 no interest to date from anyone interested in moving and saving the home. Ms. Flannery stated she put an ad on Craig’s list this morning and received over 40 responses. She asked Pulte Home Corporation for time to review the responses and an opportunity to work with them on moving the home. Mr. Ron Almiron, 455 W. Front Street, thanked the City Attorney for his thorough presentation. He stated his concern is that the plat originally submitted did not show the zoning of the property and he questioned whether the amended plat showing the zoning was improperly submitted. Mr. Almiron indicated the names and classes of owners and adjacent zoning was not included in the application. He asked the Council to further consider that only one access point is being proposed which will exacerbate a traffic problem. Mr. Almiron also asked that the historical significance of the home be considered with respect to demolition of the building. City Attorney Knippen stated that with regard to face of the plat, he considered that a hyper technical issue and the zoning designation was added to the face of the plat when the issue returned to the Planning & Zoning Board. He stated there was never a question that the property was zoned I-1 Institutional and the addition of the zoning on the plat is not considered an amendment to the plat under the law. He stated it is common knowledge who the property owners are and that Pulte Home Corporation is seeking to purchase the property. City Attorney Knippen is of the opinion that no one was harmed by these inadvertent omissions. Mr. Eric Emmerik, 1845 Somerset Lane, questioned if the I-1 zoning would be appropriate for the property once the convent is no longer there and feels the property should be rezoned to an R-3 Residential zoning district. He stated he is supportive of the subdivision, but would like the City to follow up on the question of rezoning the property, even though residential use is permitted in the I-1 district. Mr. Emmerik also asked if the property could be restricted to a 55+ community. Sister Kay Foley, 1600 Somerset Lane, stated she has resided at Loretto Convent for the majority of her life and commented that the mission of the Sisters has diminished over the past several years. Sister Kay stated the number of sisters residing at Loretto Convent has decreased and more time and money is being spent on maintaining the property than on their ministry. Sister Kay stated they have been trying to sell the property for the past eleven years. Mr. Mark Smith, 820 Elk Court, stated he was very supportive of the sale and development of the property but asked the Council to consider three things: (1) zoning post sale to a residential use, (2) require the proposed development to be age restricted rather than age targeted, and (3) consider a second entrance to the development, perhaps from Hawthorne Lane. Mr. Chris Picone, 17W601 14th Street, Oakbrook Terrace, attorney representing the Sisters, reported that he had spoken with 125 different parties regarding the sale and development of this property and interested developers found that saving the buildings or the chapel was not economically feasible. He stated sale of the property will fund the Sisters’ retirement and health care, as they have no other funds. He believes they should be able to sell the property under the laws that currently exist. Ms. Olga Voss, 827 Jeffrey Court, commented on the difference in the concept plan initially presented in November which included a number of variances and the plan currently submitted without any variances. REFER TO THE CITY ATTORNEY FOR RESOLUTION PREPARATION APPROVING THE PRELIMINARY PLAT AND DRAFT DEVELOPMENT AGREEMENT Councilwoman Fitch moved and Councilman Prendiville seconded to refer the matter to the City Attorney for resolution preparation approving the preliminary plat of subdivision and the draft development agreement. Councilwoman Fitch thanked the Planning & Zoning Board and City Attorney Knippen for working through the issues. Councilwoman Fitch stated the Sisters have the right to sell their property and as the proposed subdivision meets all rules and code regulations she would be voting yes on the project. She stated the developer chose to submit a plan without variances and the density is in line with what would be required if the property Council Proceedings March 20, 2017/ Page 4 were zoned residential. Councilwoman Fitch advised the proposed Development Agreement sets in place the development and landscaping plans and will be binding upon future owners. She indicated future amendments may be considered to the Zoning Code and consider how other I-1 districts could be developed in the future. She stated at this time, the City does not have a historic preservation ordinance. Councilwoman Fitch wished the Sisters well. Councilman Prendiville thanked everyone for attending the meetings and thanked the neighbors for meeting with him and Councilman Rutledge. His view is that the Sisters have the right to develop the property as long as it conforms with the law. He stated he is interested in knowing if anyone is interested in moving and preserving the home. Councilman Prendiville plans on attending the upcoming Historic Commission meeting and discussing a new organization to preserve historic items. He stated this plan was submitted with no variances and meets the City’s regulations. He indicated the proposed Development Agreement will prohibit swing sets, play houses, sports courts and other recreational play facilities. Councilman Rutledge stated City staff will monitor parking and traffic and will make adjustments in the future if necessary. He indicated the Development Agreement was not required, but Pulte has agreed to enter into this agreement which he feels is a positive thing. City Attorney Knippen stated the City was limited in what the City could require, however, staff made some requests of Pulte to include some age delineation in the Development Agreement. He feels that the prohibition of play structures may inhibit young families from purchasing a home in the subdivision. In addition, City Attorney Knippen stated staff will review the parking situation and try to minimize parking impacts on the Marywood development. He stated homeowner’s declarations of covenants will also be imposed on the property and the developer has stated he will provide those for staff’s review. Councilman Saline thanked everyone for their participation in this process. He feels Pulte will probably be a good neighbor and stated the City stands by the ordinances established 25 years ago for this property. He questioned if the zoning were to change at a later date, if that would be detrimental to the new property owners. City Attorney Knippen stated representations were made to the City when the property was annexed and rezoned which he believes provided the Sisters with the right to develop their property under the current zoning. Zoning amendments going forward will need to further legal analysis. Councilman Scalzo thanked all those who participated in the meetings. He believes in historic preservation, and served on the Historic Commission. He proposed the referendum to preserve the Grand Theater, which was defeated by the voters. He feels preservation issues comes down to who will provide the necessary funding. Councilman Scalzo stated he would like to preserve the Jarvis Hunt house, but has not yet seen a proposal on how to do that. He stated the Council has to determine if it complies with the rules and the proposed subdivision is fully compliant with City Code. Councilman Suess feels the City Attorney’s comments provided clarity with regard to the issues. He stated the City Council needs to honor the rules and feels it is helpful that Pulte is willing to work with the City. Councilman Suess believes the Development Agreement will address some of the uncertainties as to what will happen to the property. He would, however, like to see what can be done to create another public access point, possibly via Hawthorne Lane. Mayor Gresk stated he feels very deeply about saving the history of Wheaton and hopes a new organization can be formed for that purpose. He stated, however, that the voters did not want to pay to save the theater, so funding preservation is an issue. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Council Proceedings March 20, 2017/ Page 5 Councilman Saline Councilman Scalzo Councilman Suess Nays: None Absent: None Motion Carried Unanimously 6. ADOPT RESOLUTION R-16-17, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CARL WALKER, INC. FOR PARKING PAYMENT MANAGEMENT STUDY Councilman Rutledge moved and Councilman Suess seconded that Resolution R-16-17, A Resolution Authorizing the Execution of an Agreement with Carl Walker, Inc. for Parking Payment Management Study, be adopted. City Manager Dzugan stated the Procurement Officer is recommending the City enter into an agreement with Carl Walker, Inc. to conduct a parking payment management study to assess how the City manages payments for its parking inventory consisting of metered spaces, daily spaces in lots, as well as permit spaces in lots and garages. He recommended approval of the resolution for a contract with Carl Walker, Inc. for parking payment management study in the amount of $39,260.00 In response to Councilwoman Fitch’s question, City Manager Dzugan stated the study is essentially a research study which would look at all of the City’s parking, not just in the Downtown area, and would include a review of the pay system in our parking lots and the pricing charged for parking. Councilman Rutledge recalled that Design Workshop recommended removal of parking meters in the Downtown area. City Manager Dzugan stated the meters are on the south side of the tracks and are not part of the Special Service Area which pays for operating expenses for maintaining and enforcing parking within the Downtown area. Councilman Rutledge questioned how much it costs to maintain the meters versus what monies we receive from the meters. City Manager Dzugan stated the study will look into that question. 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. APPROVAL OF APPOINTMENT/REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS Mayor Gresk moved and Councilman Prendiville seconded that Steve Limp be appointed to the Community Relations Commission for a three-year term; Robert Wolgemuth and Mark Taylor be reappointed to the Liquor Control Commission; and Michael Rybinski be reappointed to the Housing Commission, for three-year terms respectively. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Council Proceedings March 20, 2017/ Page 6 Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 8. COUNCIL COMMENT None. 9. APPROVAL OF WARRANT Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 700 in the amount of $1,270,007.43 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 12. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:37 p.m. 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