City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, AUGUST 3, 2015 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 Councilman John Prendiville Councilwoman Suzanne Fitch Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Phil Suess Absent: None City Staff Present: Donald B. Rose, City Manager James Knippen, City Attorney Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Vincent Laoang, Director of Public Works Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS None. 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 July 20, 2015 regular Wheaton City Council Meeting, as submitted. 2. Approve Requests and Authorize the Issuance of Special Event Permits to St. Michael Catholic Church – St. Michael Catholic Church Parish Picnic; DeeDee Atwood – Carson & Barnes Circus; Wheaton Christian Reformed Church – Wheaton CRC Block Party; Wheaton Community Relations Commission & Wheaton Public Library – Wheaton World Tour: Celebrate Our Diversity; and DuPage PADS – Run 4 Home. 3. Adopt Resolution R-47-15, A Resolution Authorizing the Disposal of Certain Surplus Property (Police Department). 4. Adopt Resolution R-48-15, A Resolution Authorizing the Disposal of Certain Surplus Property (I.T.). 5. Adopt Resolution R-49-15, A Resolution Approving the Plat of Consolidation of 220 E. Hawthorne Boulevard. Council Proceedings August 3, 2015 / Page 2 6. Adopt Resolution R-50-15, A Resolution Approving a Plat of Stormwater Management Easement Grant (807 Howard Street). 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 5. ADOPT RESOLUTION R-51-15, A RESOLUTION PETITION FOR THE CANDIDACY OF GWEN HENRY FOR THE OFFICE OF EXECUTIVE TRUSTEE – ILLINOIS MUNICIPAL RETIREMENT FUND Councilman Scalzo moved and Councilman Suess seconded that Resolution R-51-15, A Resolution Petition for the Candidacy of Gwen Henry for the Office of Executive Trustee – Illinois Municipal Retirement Fund, be adopted. City Manager Rose stated that DuPage County Treasurer and former Wheaton City Mayor Gwen Henry asked the City to consider nominating her for the position of Executive Trustee for the Illinois Municipal Retirement Fund. He indicated the City Council approved a similar resolution in 2010 and her term is due to expire in 2016. City Manager Rose recommended approval of the resolution as presented. 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 6. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION, AUTHORIZE BID WAIVER AND APPROVE BID AWARD TO R. W. DUNTEMAN COMPANY FOR THE NORTH MAIN STREET RECONSTRUCTION PROJECT IN THE AMOUNT OF $830,868.84 Councilman Prendiville moved and Councilman Rutledge seconded to Receive the Procurement Officer’s Recommendation, Approve Bid Waiver and Award Bid to R. W. Dunteman Company for the North Main Street Reconstruction Project in the Amount of $830,868.84 City Manager Rose stated the City originally anticipated a complete reconstruction of North Main Street from Cole Avenue to Geneva Road. However, a preliminary analysis of the pavement determined that resurfacing to a depth of five inches instead of reconstructing that section of the road would be required. He Council Proceedings August 3, 2015 / Page 3 recommended approval of the bid waiver and award of the bid for the North Main Street Reconstruction Project to R. W. Dunteman Company in the amount of $830,868.84. Councilman Prendiville questioned the life of the roadway. Director of Engineering Redman stated the life would not be the same as reconstruction, but the resurfacing should last 18 – 20 years. 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 7. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE BID AWARD TO KLF ENTERPRISES FOR A THREE YEAR CONTRACT FOR LEAF HAULING AND DISPOSAL IN THE AMOUNT OF $11,000 PER YEAR Councilman Suess moved and Councilman Prendiville seconded to Receive the Procurement Officer’s Recommendation and Award Bid to KLF Enterprises for a Three Year Contract for Leaf Hauling and Disposal in the Amount of $11,000 per year. City Manager Rose stated the bid award is for a three year contract for disposal of leaves the City picks up through street cleaning efforts. He recommended the bid for a three year contract for leaf hauling and disposal be awarded to KLF Enterprises in the amount of $11,000 per year. In response to Councilman Rutledge, Director of Public Works Laoang stated the contract is for a fixed price for three years, but if it exceeds a total of 9,000 cubic yards, costs will be based on unit price of $5.50 per cubic yard. 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 8. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE BID AWARD TO MCFARLANE DOUGLASS & COMPANIES FOR A THREE YEAR CONTRACT FOR HOLIDAY TREE LIGHTING IN THE AMOUNT OF $39,048.50 PER YEAR Council Proceedings August 3, 2015 / Page 4 Councilman Suess moved and Councilwoman Fitch seconded to Receive the Procurement Officer’s Recommendation and Award Bid to McFarlane Douglass & Companies for a Three Year Contract for Holiday Tree Lighting in the Amount of $39,048.50 per year. City Manager Rose stated installing and removing holiday lighting in the central business area was previously completed by City staff at an estimated cost of approximately $50,000 per year. He indicated the City decided to go out to bid for this service to better optimize City staff. City Manager Rose recommended the bid for a three year contract for holiday tree lighting be awarded to McFarlane Douglass & Companies in the amount of $39,048.50 per year. 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. RECEIVE PLANNING AND ZONING BOARD REPORT RE: #15-11/SUBDIVISION AND VARIATIONS/303 EAST PRAIRIE AVENUE/PJ MURPHY BUILDERS Councilman Prendiville moved and Councilman Suess seconded that the Planning and Zoning Board Report Re: #15-11/Subdivision and Variations/303 East Prairie Avenue/PJ Murphy Builders be received. City Manager Rose stated the request before the Council is to construct three single family homes on the property at 303 East Prairie after demolition of the existing home. He indicated the applicant is also requesting variations for front lot setbacks. City Manager Rose stated the Planning & Zoning Board failed to recommend approval of this application by a vote of 1-6 because they felt the proposed lots were inconsistent with the larger estate lots on the north side of Prairie Avenue. If the City Council approves the request, City Manager Rose indicated staff is recommending a front yard setback for Lot 1 to be no less than 57.25 feet, rather than the requested 40 feet. He recommended the Council receive the report. Motion to receive the Planning and Zoning Board report was approved by unanimous voice vote. Councilman Suess indicated his recommendation would be to accept the Planning and Zoning Board recommendation and not approve the request as submitted. Councilman Scalzo stated that while the project may not be consistent with the neighborhood, it does meet all zoning requirements. He stated he would be willing to accept staff’s recommendation to approve the request with the two conditions expressed by staff regarding the front yard setback on Lot 1 and replacement of defective sidewalk squares on Scott Street. Councilman Rutledge indicated he feels the key thing is to provide certainty to the builder and property owner and he does not have a problem with the project as proposed. Ms. Barb Gora, 1303 N. Scott Street, spoke in opposition of three homes being constructed on this property. She stated she is already experiencing flooding issues and finds it hard to believe this project Council Proceedings August 3, 2015 / Page 5 would not cause more flooding issues in the neighborhood. Ms. Gora also feels the entire character of the neighborhood would change due to the removal of existing trees and the construction of large homes. She feels the City should ensure the proposal meets a 100 year flood plan. Director of Engineering Redman stated the City does not have all the details yet as this is just a preliminary plan. He said City and County requirements would be applied to the project during consideration of the final plat. Director of Engineering Redman stated that new construction does not need to correct existing conditions, it just cannot make it worse. In response to Councilman Rutledge, Director of Engineering Redman indicated that repaving North Main Street will have no impact on flooding in the area because the roadway base is not being replaced and no changes in grading will be done. He indicted the previous improvements to North Main Street have no impact beyond 1,000 feet of the bridge on North Main Street. Director of Engineering Redman further explained that the City’s storm sewers are not designed to handle a large storm event. Councilman Suess expressed his preference for two lots, rather than three. He feels that would be a reasonable solution. Councilwoman Fitch agrees but stated if the developer came back with a proposal for three lots and no variations, the City could not prevent that development. Councilman Prendiville added that a proposal with no variations would allow development of the lots in perhaps a different order and the City would lose control of the stair step front yard setbacks currently being proposed. Councilman Suess requested information on different setback scenarios if Lot 2 or Lot 3 were constructed first. Councilman Prendiville moved and Councilwoman Fitch seconded to continue this item to the August 17, 2015 meeting. Upon hearing that at least two Council members would not be present at that meeting, both Councilman Prendiville and Councilwoman Fitch agreed to amend their motion and continue this item to the September 8, 2015 City Council meeting. Mr. Jon Green, Resource Associates, representative for the property owners, stated he believes the project as proposed complies with the City’s zoning requirements. He also indicated he believes the front yard setback variations being requested would provide definitive front yard setbacks, rather than relying on the City’s averaging requirements which, depending on the order the lots were developed, could alter the front yard setbacks for all three lots. Councilman Suess questioned if the property owners would consider subdividing into two lots instead of three to better conform with the character of the neighborhood. Mr. Green stated he could not speak to that as he is representing the property owners on this specific application. Councilwoman Fitch asked if a vacant lot is considered during the averaging process, if the front yard setback on that vacant lot would default to 30 feet. Director of Planning & Economic Development Kozik stated he was not sure that was correct. He did state that the order of development of these lots would make a difference and feels the resulting setbacks would be closer to the street. Roll Call Vote on Motion to Continue to September 8, 2015: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Council Proceedings August 3, 2015 / Page 6 Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 10. RECEIVE PLANNING AND ZONING BOARD REPORT RE: #15-12/REZONING/422 NORTH PROSPECT STREET/THE GREENHOUSE AND PASS ORDINANCE NO. F-1878, AN ORDINANCE AMENDING THE WHEATON ZONING ORDINANCE MAP FOR THE PROPERTY COMMONLY KNOWN AS 422 NORTH PROSPECT STREET – THE GREENHOUSE Councilman Saline moved and Councilman Scalzo seconded that the Planning and Zoning Board Report Re: #15-12/Rezoning/422 North Prospect Street/The Greenhouse be received and that Ordinance No. F- 1878, An Ordinance Amending the Wheaton Zoning Ordinance Map for the Property Commonly Known as 422 North Prospect Street – The Greenhouse, be passed. City Manager Rose stated the request before the Council is to rezone the property at 422 North Prospect Street from the C-1 Local Business District to the I-1 Institutional District to permit reuse of the former DuPage County Health Department building by The Greenhouse School. He stated the Planning and Zoning Board unanimously recommended approval of this application. City Manager Rose recommended approval of the ordinance as submitted. 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 11. PASS ORDINANCE NO. F-1879, AN ORDINANCE AMENDING THE ORIGINAL AND SUBSEQUENT AMENDED ORDINANCES REGARDING THE NUMBER OF TOWNHOMES WHICH MAY BE CONSTRUCTED AS PART OF THE COURTHOUSE SQUARE PROJECT AND PASS ORDINANCE NO. F-1880, AN ORDINANCE OF THE CITY OF WHEATON, DU PAGE COUNTY, ILLINOIS, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST TO A CERTAIN SIXTH AMENDMENT TO A DEVELOPMENT AGREEMENT REGARDING THE CITY OF WHEATON COURTHOUSE REDEVELOPMENT PROJECT AREA Councilman Prendiville moved and Councilman Suess seconded that Ordinance No. F-1879, An Ordinance Amending the Original and Subsequent Amended Ordinances Regarding the Number of Townhomes Which may be Constructed as part of the Courthouse Square Project and Ordinance No. F-1880, An Ordinance of the City of Wheaton, DuPage County, Illinois, Authorizing the Mayor to Sign and City Clerk to Attest to a Certain Sixth Amendment to a Development Agreement Regarding the City of Wheaton Courthouse Redevelopment Project Area, be passed. Council Proceedings August 3, 2015 / Page 7 City Manager Rose stated the developer is requesting a reduction in the number of townhomes to be constructed from 43 to 42 because a potential buyer wants to combine two spaces into one. He stated this change would also require an amendment to the development agreement for the Courthouse Redevelopment project. He recommended approval of the ordinances as presented. 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 12. COUNCIL COMMENT Councilman Prendiville reminded everyone that the first annual Bike Festival will be held on Saturday, August 8. 13. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 661 in the amount of $689,191.65 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 14. CLOSED SESSION Councilman Saline moved and Councilman Suess seconded that the Wheaton City Council adjourn to closed session at 7:56 p.m. for the purpose of pending litigation (5 ILCS 120/2(c)(11)) and personnel – appointment (5 ILCS 120/2(c)(1)). Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Council Proceedings August 3, 2015 / Page 8 Nays: None Absent: None Motion Carried Unanimously The City Council returned to the open portion of their meeting at 8:50 p.m. 15. ADJOURNMENT Councilman Suess moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:51 p.m. 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 Respectfully submitted, Sharon Barrett-Hagen City Clerk