City Council Meetings

WHEATON CITY COUNCIL SPECIAL MEETING MONDAY, JANUARY 26, 2015 WHEATON CITY HALL, COUNCIL CHAMBERS, 303 W. WESLEY ST., WHEATON, IL 1. CALL TO ORDER AND ROLL CALL The Special Wheaton City Council Meeting was called to order at 7:03 p.m. by Mayor Michael J. Gresk. Upon roll call, the following were: Physically Present: Mayor Michael J. Gresk 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 Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Sharon Barrett-Hagen, City Clerk II. PUBLIC COMMENT Mr. Peter Povinelli, 1710 N. Woodlawn Street, stated he is vehemently opposed to the extension of Woodlawn Street. He is also concerned about how the driveway aprons would be replaced after construction and whether they would be replaced in the condition they currently exist. Mr. Povinelli indicated his main issue is safety. He feels no answers have been provided with regard to the safety of the children at Sandburg School and would prefer that Woodlawn not be a thru street. Ms. Donna Yankala, 1685 N. Woodlawn Street, is a long time resident on Woodlawn and is an 18 year employee at Sandburg School. She stated children do dart out between parked cars and go into the street to retrieve balls and has seen many near misses. Ms. Yankala feels Woodlawn would be a cut thru and while she is not opposed to the subdivision, she is concerned about the children’s safety. Mr. Dave Trumpy, 1620 N. Woodlawn Street, feels the traffic study is a flawed plan and the Council does not have enough information to make an informed decision as he feels thru street traffic will be transferred to Woodlawn. Mr. Trumpy feels there is no reason to extend Woodlawn north to Geneva Road and requested that it be kept as a cul-de-sac. He also asked that the City require the developer to preserve the existing trees along the southern boundary. Ms. Laura Povinelli, 1710 N. Woodlawn Street, expressed her opposition to Woodlawn becoming a thru street. She also works at Sandburg School and stated the concerns expressed about the safety of the children are real concerns. She does not feel extending Woodlawn would be beneficial to the neighborhood or the school. Ms. Povinelli asked that, if Woodlawn is extended, construction traffic be kept away from the school and be required to access the site from the north. City Council Special Meeting January 26, 2015 / Page 2 Mr. Mark Rickert, 0N544 Woodlawn Street, stated an earthen berm exists between his property and proposed Lot 13, a portion of which is partially on his property. He is concerned that removal of the berm would negatively affect the trees he has planted and fence he constructed and hopes the developer would restore any trees or portion of his fence that may be impacted. Ms. Beth Trumpy, 1620 N. Woodlawn Street, stated she is concerned about the safety of the children who do run out into the street. She feels the City needs a better traffic study, one that considers all the cars parked on the street during sporting events at the schools. She would like the City to talk to the teachers and crossing guards at Sandburg School before Woodlawn is made a thru street. Ms. Trumpy hopes the City will be proactive with regard to safety and not wait for an accident to happen before any corrections are made. Mr. James Crossen, 1711 N. Woodlawn Street, stated he is concerned about the impact construction will have on his property. He has installed a colored stamped concrete driveway and asked that the developer be required to restore that to its original condition. He encouraged everyone to spend some time on Woodlawn and see the traffic issues for themselves. Ms. Tracy Vought, 1641 N. Woodlawn Street, questioned why variances are still part of the request, particularly since City Council members stated they wanted to see a variance free development. She stated she understands and is supportive of neighborhood connectivity but feels it should not be done at the expense of children’s safety. Ms. Vought does not believe the City’s opinion that the extension of Woodlawn will not create a safety concern. She questioned how the City would address safety issues that arise if Woodlawn is extended. Ms. Judith McCormick, 1660 N. Woodlawn Street, feels the residents have not been listened to and their concerns about safety have not been considered. Ms. McCormick stated it was insulting to hear a statement that the residents are objecting to the development because they are opposed to change. She asked that the Council respect them as citizens and listen to their concerns. Mr. Andrew Schutz, 0N633 N. Woodlawn Street, believes north Woodlawn is already a cut thru and feels this development would only add to that. He does not believe the extension of Woodlawn would be beneficial to the neighborhood and feels the additional traffic would be a safety concern. Ms. Yvette Wedow, 0N649 N. Woodlawn Street, expressed concerns about the impact on the students at Sandburg if Woodlawn became a thru street. She asked that the City consider installing turn restriction signage, the installation of sidewalks or speed bumps and be open to all options to keep children safe. Ms. Sierra Gabrys, 0N665 N. Woodlawn Street, reiterated the previous comments and stated she is concerned about safety. She also asked the City to consider signage and speed bumps. Mr. Matt Pfeiffer, Attorney representing Dr. Tourk at 1134 Royal Court, stated he believes the developer has made a good effort to accommodate Dr. Tourk’s concerns about a proposed home on Lot 3 extending past the rear of Dr. Tourk’s property. He asked for assurances that whatever home is constructed on Lot 3 does not extend beyond the rear of Dr. Tourk’s property. City Council Special Meeting January 26, 2015 / Page 3 Ms. Lauren Dunn, 25W541 Jerome Avenue, stated people already cut thru on Woodlawn and she is concerned the impact of additional traffic if Woodlawn were extended. She asked the City to consider sidewalks and signage. Mr. Gail Crossen, 1711 N. Woodlawn Street, stated the proposed development is north of her property. She feels that moving the proposed home on Lot 3 to accommodate Dr. Tourk and not moving the proposed home on Lot 4 in the same manner would provide for an unattractive, uneven appearance. III. RECEIVE STAFF REPORT: ZONING APPLICATION #14-28/ANNEXATION AND RESUBDIVISION/0N536 GARY AVENUE/M/I HOMES OF CHICAGO, LLC Councilman Prendiville moved and Councilman Suess seconded that the Staff Report: Zoning Application #14-28/Annexation and Resubdivision/0N536 Gary Avenue/M/I Homes of Chicago, LLC, be received. City Manager Rose stated the staff report summarizes revisions that have been made to the preliminary plat for this development. Some of these revisions include eliminating the side yard setbacks variations for proposed Lots 4 and 5, the connection and improvement of Knollwood Drive, modifications to the front and rear yard setbacks for the proposed Lot 3, and providing that the minimum side yard setback for structures of a certain height would be the lesser of 14% of the lot width or 15 feet. With regard to the minimum side yard setback, City Manager Rose stated developers have indicated the City’s current requirements are prohibitive and difficult to meet with today’s residential structures. He stated staff conducted a survey of other comparable communities and found that those communities have a maximum building height of 35 feet and require a smaller side yard setback than what it required by the City of Wheaton. Staff has concluded the City should consider amending the City’s Zoning Ordinance on a City-wide basis with regard to that setback requirement. City Manager Rose indicated that the traffic consultant feels this subdivision would not have a significant effect on traffic in this area. He indicated there have been a total of three accidents at Geneva and Woodlawn in the last five years. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Councilman Saline Mayor Gresk Councilman Scalzo Councilman Suess Nays: None Absent: None Motion Carried Unanimously IV. PASS ORDINANCE NO. F-1847, AN ORDINANCE AUTHORIZING THE SIGNING OF AN ANNEXATION AGREEMENT – 0N536 GARY AVENUE – M/I HOMES OF CHICAGO, LLC City Council Special Meeting January 26, 2015 / Page 4 Councilman Scalzo moved and Councilman Rutledge seconded that Ordinance No. F-1847, An Ordinance Authorizing the Signing of an Annexation Agreement – 0N536 Gary Avenue – M/I Homes of Chicago, LLC, be passed. City Manager Rose stated this ordinance would authorize an annexation agreement for development in a manner set forth in the staff report. City Manager Rose stated if the Council would like to proceed, the appropriate motion would be to pass the ordinance. Councilman Suess stated that this is the third or fourth meeting the Council has had on this proposed development going back more than a year. He has spent time looking at the proposed plan, the traffic study and has considered the comments about safety made by the residents. He stated the traffic study reflects an impact on the neighborhood of 2%, which may be within the margin of error of existing traffic conditions. Councilman Suess would like to require the developer to restore any driveways that are impacted by construction to what currently exists. He stated staff is committed to preserving and enhancing landscaping along the southern border to reflect what already exists. He also indicated he feels the developer has made an appropriate accommodation with regard to the proposed setbacks for the structure on Lot 3. Councilman Prendiville suggested that a follow-up traffic study be conducted a year after construction is completed to determine any impact on the neighborhood. He stated that he does not feel school safety will be impacted to a large degree by this development. And the School District and the City will be able to adapt and make any adjustments that may be needed if problems arise. Councilman Rutledge does not feel the traffic study is flawed. In addition, he feels the existing conditions on the street would discourage cut thru traffic. Councilman Rutledge does not see a reason to not approve the development. Councilman Saline expressed his understanding of the sentiments expressed by the residents and he apologized if they feel they are being dismissed. He stated it is the Council’s responsibility to strike a balance between conflicting interests in arriving at a decision. Councilman Saline hopes the developer offers to work with other residents as he did with Dr. Tourk. Councilman Scalzo thanked the residents for attending the meeting and indicated that while the Council does listen to their comments and concerns, that does not mean the Council will always agree with them. He feels the Council tries to be responsive and balance all interests in a fair and open process. Councilman Scalzo stated the City has a policy of connectivity between developments and neighborhoods and tries to be consistent in applying that policy. He also feels the traffic study does not reflect a serious concern about traffic and safety. Mayor Gresk apologized if anyone took umbrage with his comment about opposition to change and the comment was not meant to be insulting. Mayor Gresk stated traffic and safety concerns exist at the majority of the schools in the City and, if situations arise, the City and the School District work together to address them. Mayor Gresk expressed his support for this project and does not see it as a detriment to the community. Councilman Suess supports Councilman Prendiville’s suggestion about a follow-up traffic study for another look at traffic patterns in the neighborhood. City Council Special Meeting January 26, 2015 / Page 5 In response to Councilman Saline, City Manager Rose indicated staff could have discussions with the developer regarding the final plat and the location of the homes on Lots 3 and 4. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Councilman Saline Mayor Gresk Nays: None Absent: None Motion Carried Unanimously V. PASS ORDINANCE NO. F-1848, AN ORDINANCE ANNEXING A CERTAIN PROPERTY TO THE CITY OF WHEATON, ILLINOIS – 0N536 GARY AVENUE – M/I HOMES OF CHICAGO, LLC Councilman Suess moved and Councilman Prendiville seconded that Ordinance No. F-1848, An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – 0N536 Gary Avenue – M/I Homes of Chicago, LLC, be passed. City Manager Rose stated this ordinance would annex the property which was the subject of the annexation agreement just approved and recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Councilman Saline Mayor Gresk Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously VI. PASS ORDINANCE NO. F-1849, AN ORDINANCE AMENDING THE WHEATON ZONING MAP ON CERTAIN PROPERTY COMMONLY KNOWN AS 0N536 GARY AVENUE – M/I HOMES OF CHICAGO, LLC Councilman Saline moved and Councilman Rutledge seconded that Ordinance No. F-1849, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as 0N536 Gary Avenue – M/I Homes of Chicago, LLC, be passed. City Manager Rose stated this ordinance would zone the property to an R-3 Residential zoning district and recommended approval of the ordinance. City Council Special Meeting January 26, 2015 / Page 6 Roll Call Vote: Ayes: Councilman Saline Mayor Gresk Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously V. ADJOURNMENT Councilman Scalzo moved and Councilman Saline seconded that the Wheaton City Council Special Meeting be adjourned at 8:06 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Councilman Saline Mayor Gresk Nays: None Absent: None Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk