City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, OCTOBER 3, 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 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. Robert R. Lehnhardt, Finance Director James Volpe, Police Chief Holly A. Schulz, Director of Human Resources Arin Thrower, Public Information Officer Lauren Bertolini, Human Resources Generalist Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk presided over a swearing-in ceremony for new police officers Nico Diaz and Vetaliy Lord. Mayor Gresk read and presented a proclamation to Ms. Ronnis Gillis and Ms. Renée Webb of the Community Relations Commission, proclaiming Saturday, October 22, 2016 as “Make a Difference Day” in Wheaton. Ms. Gillis thanked the Mayor and City Council and encouraged everyone to donate to the “Stuff-A-Truck” food drive benefitting the People’s Resource Center and encouraged everyone to participate in the various activities in Wheaton. She also invited residents to attend the ice cream social honoring the City’s police officers and firefighters, as well as the City’s adopted 1-18 Infantry Battalion at the Public Works Building from 1:00 to 3:00 p.m. that day. Additional information regarding this event can be found on the City’s website. 3. CITIZENS TO BE HEARD Ms. Mary Ann Gordon, 1575 Waldorth Ct., spoke regarding the proposed annexation of 25W630 Waldorth Court and expressed her objection to the granting of a variance for the construction of a home on this property. She asked if the City would consider adding a sidewalk along the property, as well as a street light at the intersection with Orchard Road. Ms. Gordon asked that extra care be taken with the driveway location. Mr. James Walthour, 1515 Waldorth Ct., believes the proposed subdivision would not aesthetically fit the property. He feels the neighbors should be able to review detailed building plans prior to any construction. Mr. Walthour does not feel the proposed variation would enhance nor improve the neighborhood, nor Council Proceedings October 3, 2016 / Page 2 would it enhance their property values. He stated it is a beautiful area and expressed concerns over the number of trees that would be taken down. Mr. Jeff Alvis, 1512 Waldorth Ct., would like the number of trees being removed be limited to five trees and he feels the proposed footprint of the home is too large. He stated that the developer has indicated he would remedy the water issue the water issues the neighbors to the north are dealing with and he would like the developer to be required to do so. Mr. Alvis also indicated he has concerns with the driveway placement. Mr. Mike LaFido, 1560 Waldorth Ct., indicated his biggest concern is safety for the neighborhood children. He asked that a sidewalk be installed that would connect to the existing sidewalk on Orchard Road. 4. CONSENT AGENDA Councilman Suess moved and Councilman Rutledge seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the September 12, 2016 Public Hearing and the Minutes of the September 19, 2016 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-45-16, A Resolution Authorizing the Disposal of Certain Surplus Property. 3. Approve Request for Bond Waiver and Authorize Issuance of Raffle License to SCARCE. 4. Adopt Resolution R-46-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (121 West Union Avenue). 5. Adopt Resolution R-47-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1214 Lindsay Court). 6. Adopt Resolution R-48-16, A Resolution of the City of Wheaton, DuPage County, Illinois, Authorizing the Mayor and City Clerk to Execute a Construction, Use, and Indemnification Agreement – Winter Vestibule – Gia Mia – 106 N. Hale Street. 7. Adopt Resolution R-49-16, A Resolution Approving a Plat of Stormwater Management Easement Grant (1111 Howard Street). 8. Adopt Resolution R-50-16, A Resolution Accepting the As-Constructed Public Improvements for Blanchard Court Resubdivision. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously Council Proceedings October 3, 2016 / Page 3 5. PASS ORDINANCE NO. F-1964, AN ORDINANCE AUTHORIZING THE SIGNING OF AN ANNEXATION AGREEMENT – 25W630 WALDORTH COURT - HOWARD Councilman Suess moved and Councilman Saline seconded that Ordinance No. F-1964, An Ordinance Authorizing the Signing of an Annexation Agreement – 25W630 Waldorth Court – Howard, be passed. City Manager Dzugan stated the City Council held a public hearing on this annexation request on September 12, 2016. He stated the ordinance before the Council was revised to include comments made at the public hearing and he recommended approval of the annexation agreement as presented. Councilman Prendiville thanked the neighbors for attending the meeting and for speaking with him. He advised that property owners have the right to develop their property. Councilman Prendiville feels the driveway, at 40 feet, is too close to Orchard Road and believes it would be better to align it with the driveway across the street, placing the driveway on the west side of Lot 1. It is his understanding that the developer has indicated he would construct a sidewalk on the north side of Waldorth Court going to Orchard Road. He stated the City has been requested to discount the Orchard Road improvement contribution and perhaps the difference can go towards improvements of stormwater on the site. Councilman Prendiville questioned if the trees on the public way would be retained. Mr. Roger Lautz, 25W581 Plamondon Road, stated that of the 5 or 6 trees to be removed – one is in good shape, one is dead and the rest are old or damaged. He stated he would follow the City’s Tree Preservation Code. Director of Planning & Economic Development indicated the trees along the east and south property lines appear to be in the public way. Mr. Lautz confirmed it would make sense to install the sidewalk on the north side of Waldorth Court and connect it to the sidewalk on Orchard Road. He confirmed he would be willing to work with the neighbor to the north to improve drainage issues. Mr. Lautz feels the variation would position the home more centrally on the lot and may mitigate some of the drainage issues. In response to Councilman Prendiville, Mr. Lautz stated that although he could potentially construct a 6,000 square foot home with the variation, he envisions building a 3,100 or 3,200 square foot home. Councilman Prendiville also questioned where the driveway would be placed. Mr. Lautz feels the driveway would be better positioned on the right-hand side of the lot. Councilman Prendiville feels the 40 foot distance from Orchard Road is not sufficient and believes the driveway should be farther to the west. In response to Mr. Lautz, City Manager Dzugan stated the City of Wheaton have not depreciated road improvement fees for five other subdivisions recently constructed. Councilman Rutledge asked what would need to be done with regard to drainage issues. Director of Engineering Redman confirmed there is a known depressional storage area on the property. He indicated a substantial amount of fill has been shown on the plans which would need to be modified through the permitting process. He stated the developer cannot make the situation worse than it currently is through new construction. Councilman Rutledge stated he would like to see the sidewalk installed. He also stated property owners have the right to develop their property and he is supportive of the requested variance. Councilwoman Fitch would like to see the concerns raised by the neighbors, such as a sidewalk, flooding, driveway placement and traffic, resolved. She believes it is a rough transition from a one acre site to the R3 zoning and questioned if an R2 zoning was more appropriate. She indicated her primary concern is to address the concerns raised by the neighbors and not rush into this. In response to Councilwoman Fitch, Director of Planning & Economic Development Kozik advised that Mr. Lautz’s letter of August 1, 2016 regarding zoning variation standards was part of the application process. City Attorney Knippen confirmed that since the letter was part of the process, it is considered to be part of the public record. Council Proceedings October 3, 2016 / Page 4 Councilman Suess feels the annexation agreement should be modified to reflect inclusion of the sidewalk. He stated the Council is dealing with property rights and he is cautious about impositions people place on other people’s property. Councilman Suess believes this would be positive for the area, especially the fact that a septic system would be replaced with connection to the sanitary sewer system and City water and feels the project should move forward. Councilman Scalzo thanked the neighbors for their comments. He stated the City receives a lot of requests for variances as the City is mostly built out and the City grants a lot of variances. He feels this is generally a minor request that would be granted in other locations in the City and feels approval of the request is consistent with past practices. Councilman Scalzo agrees the project should proceed. Councilman Saline also thanked the neighbors for their participation and correspondence and appreciates Mr. Lautz’s efforts to accommodate their concerns. He indicated it is an individual’s right to develop their property and he is not comfortable with the neighbors’ desire to be part of the process. He also would like to see the driveway located farther away from Orchard Road to the west of the proposed home on Lot 1. Councilman Prendiville questioned if the cessation of use of the septic system would have any impact on the flooding situation. Director of Engineering Redman stated the septic system uses the percolation of the soil and, as such, there may be an improvement. Mayor Gresk expressed concerns about negotiating terms of the annexation agreement at this point in the process. He indicated he is not opposed to the development. He also stated he has not seen an instance in over 20 years of serving on the Park Board and the City Council of property values being adversely affected by new development. City Attorney Knippen advised that if the motion on the table is approved, the amendments discussed will not be included in the annexation agreement. Councilman Prendiville moved to amend the pending motion to include the sidewalk and require the driveway be placed on the west side of any proposed structure. The motion failed without a second.0 Councilman Prendiville moved and Councilman Rutledge seconded to amend the annexation agreement to include a condition that the developer shall be required to install a public sidewalk along the property on the north side of Waldorth Court which shall connect to the existing sidewalk at Orchard Road. 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 Councilman Prendiville moved and Councilman Saline seconded to amend the annexation agreement to include a condition that the driveway access for Lot 1 shall be from Waldorth Court and shall be located on the west side of any proposed structure on Lot 1. Council Proceedings October 3, 2016 / Page 5 Councilwoman Fitch questioned if having the sidewalk and moving the driveway is both essential to addressing the safety issues raised by the neighbors. Councilman Scalzo questioned if a legitimate safety issue exists. Director of Engineering Redman stated the code requires a 20 foot minimum distance for a driveway from an intersection. He stated the proposed 40 foot distance is a further restriction from existing code requirements. Councilman Rutledge is comfortable with the 40 foot distance from Orchard Road as it is twice what the Code requires. He feels it is negative to have driveways too close together. Mayor Gresk also stated he has no problem with the second amendment. Councilman Suess is also supportive of the driveway’s 40 foot distance from Orchard Road. Councilman Scalzo expressed his support for the proposed amendment. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Saline Councilman Scalzo Nays: Councilman Rutledge Councilman Suess Councilwoman Fitch Absent: None Motion Carried Councilman Suess questioned the status of the original motion. City Attorney Knippen advised that, based on the motions to amend, the original motion has been rendered legally moot. He advised that the Council should proceed with a motion to approve the amended ordinance and if that fails, the Council would go back to the original motion. Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. F-1964, An Ordinance Authorizing the Signing of an Annexation Agreement – 25W630 Waldorth Court – Howard, as amended, be passed. 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. PASS ORDINANCE NO. F-1965. AN ORDINANCE ANNEXING A CERTAIN PROPERTY TO THE CITY OF WHEATON, ILLINOIS – 25W630 WALDORTH COURT - HOWARD Council Proceedings October 3, 2016 / Page 6 Councilman Saline moved and Councilman Rutledge seconded that Ordinance No. F-1965. An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – 25W630 Waldorth Court - Howard, be passed. City Manager Dzugan stated this item corresponds to the previous item and he recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1966, AN ORDINANCE AMENDING THE WHEATON ZONING MAP ON CERTAIN PROPERTY COMMONLY KNOWN AS 25W630 WALDORTH COURT - HOWARD Councilman Saline moved and Councilman Scalzo seconded that Ordinance No. F-1966, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as 25W630 Waldorth Court – Howard, be passed. City Manager Dzugan stated this ordinance relates to the two previous ordinances and he recommended its approval. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 8. APPROVE REAPPOINTMENTS TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Scalzo seconded that Ted Witte and Anthony Pope be reappointed to the Environmental Improvement Commission, that Bill Gilbertson Gillis be reappointed to the Community Relations Commission and that Kathleen Young be reappointed to the Fine & Cultural Arts Commission, each for a three year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Council Proceedings October 3, 2016 / Page 7 Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 9. ADOPT RESOLUTION R-51-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN OWNER REPRESENTATIVE SERVICES AGREEMENT FOR STREETSCAPE PLAN PHASE I/CCS INTERNATIONAL, INC. Councilman Rutledge moved and Councilwoman Fitch seconded that Resolution R-51-16, A Resolution Authorizing the Execution of an Owner Representative Services Agreement for Streetscape Plan Phase I/CCS International, Inc., be adopted. City Manager Dzugan recommended approval of an agreement with CCS International, Inc. for professional services for Phase I of the Downtown Streetscape Plan in the amount of $59,588. He indicated Phase I includes the construction of public improvements on Front Street from West Street to Cross Street. City Manager Dzugan stated that, under the agreement, CCS International, Inc. will provide services related to request for proposal development, distribution and selection, development of an agreement with the selected civil engineering firm, design proves value engineering and risk analysis, as well as cost estimating. In response to Councilwoman Fitch, City Manager Dzugan stated the City had budgeted $300,000 for professional services, and this agreement is a portion of that budgeted amount. Councilwoman Fitch requested that staff prepare a summary of expenditures by the City for professional services for the Downtown project. 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 10. ADOPT RESOLUTION R-52-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEATON AND WHEATON WARRENVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 200 REGARDING REAL ESTATE VALUATION AND ASSESSMENTS IN TAX INCREMENT FINANCING (TIF) DISTRICTS Councilman Prendiville moved and Councilman Saline seconded that Resolution R-52-16, A Resolution Authorizing the Execution of an Intergovernmental Agreement between the City of Wheaton and Wheaton Warrenville Community Unit School District No. 200 Regarding Real Estate Valuation and Assessments in Tax Increment Financing (TIF) Districts, be adopted. City Manager Dzugan stated the proposed intergovernmental agreement between the City and the School District establishes a joint approach to secure legal services from Robbins Schwartz to affirm that Council Proceedings October 3, 2016 / Page 8 properties within the City’s TIF districts are fairly valued and assessed. City Manager Dzugan recommended approval of the agreement as submitted. 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 11. PASS ORDINANCE NO. F-1967, AN ORDINANCE AMENDING THE 2015-2016 BUDGET CONTAINED IN ORDINANCE NO. F-1859 Councilman Rutledge moved and Councilwoman Fitch seconded that Ordinance No. F-1967, An Ordinance Amending the 2015-2016 Budget Contained in Ordinance No. F-1859, be passed. City Manager Dzugan stated the Director of Finance has indicated amendments to certain funds in which total expenditures have exceeded the total budget amount should be made. He confirmed that each fund has sufficient reserves available for the additional expenditures and recommended approval of the proposed ordinance. 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 12. PASS ORDINANCE NO. F-1968, AN ORDINANCE AMENDING THE 2016-2017 BUDGET CONTAINED IN ORDINANCE NO. F-1936 Councilman Prendiville moved and Councilwoman Fitch seconded that Ordinance No. F-1968, An Ordinance Amending the 2016-2017 Budget Contained in Ordinance No. F-1936, be passed. City Manager Dzugan stated the Director of Finance has indicated that an amendment be made to the Library Capital Equipment Replacement Fund for the purchase of replacement DVD shelving. He stated the fund has reserves available for this purchase and recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Council Proceedings October 3, 2016 / Page 9 Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 13. COUNCIL COMMENT Councilman Rutledge confirmed that while some issues are voted on without a lot of discussion at the meeting, the Council does review and discuss any questions they may have with staff prior to the meeting. 14. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 689 in the amount of $701,345.31 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 15. ADJOURNMENT Councilman Scalzo moved and Councilman Prendiville seconded that the regular Wheaton City Council Meeting be adjourned at 8:26 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