City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, OCTOBER 19, 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 7:02 p.m. by Mayor Michael J. 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: City Staff Present: Donald B. Rose, City Manager Michael G. Dzugan, Assistant City Manager James Knippen, City Attorney James P. Kozik, Director of Planning & Economic Dev. Paul G. Redman, Director of Engineering Robert R. Lehnhardt, Finance Director John M. Duguay, Director of Human Resources William R. Schultz, Fire Chief Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Ms. Laurie Swanson, Wheaton Chamber of Commerce member and Mr. Eric Miller of the Community Relations Commission, proclaiming Saturday, October 24, 2015 as “Make a Difference Day” in Wheaton. Ms. Swanson thanked the Mayor and City Council and encouraged everyone to donate to the Chamber’s “Stuff-A-Truck” food drive. Mr. Miller encouraged everyone to participate in the various activities in Wheaton. He stated donation boxes are located at various sites throughout the City for collection of stocking stuffers for the City’s adopted battalion. Additional information regarding this event can be found on the City’s website. Mayor Gresk read and presented a proclamation to Ms. Jane Hodgkinson, Rotarian, and members of the Rotary Club of Wheaton and the Rotary Club of Wheaton A.M. proclaiming October 23, 2015 to be “End Polio Day.” Ms. Hodgkinson thanked the Mayor and City Council for recognizing the efforts of rotary clubs to end polio. She stated there are 34,000 rotary clubs around the world in 22 countries. She indicated polio has been eliminated in all but two countries – Pakistan and Afghanistan. 3. CITIZENS TO BE HEARD Mr. Ted Utchen, 1686 Grosvenor Circle, stated the library parking lot is in terrible condition and asked the City Council to expend funds to repave the lot, preferably this fall. City Manager Rose indicated that Mr. Utchen should direct his request to the Library Board rather than the City Council as they make the determination as to how library funds are spent. 4. CONSENT AGENDA Councilman Suess moved and Councilman Prendiville seconded that the following action be taken on the Consent Agenda items: Council Proceedings October 19, 2015 / Page 2 1. Approve the minutes of the October 5, 2015 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-61-15, A Resolution Authorizing the Disposal of Certain Surplus Property. 3. Authorize Additional Project Costs of $33,282 for the traffic signal improvement at West Street at Childs/Illinois Street. 4. Adopt Resolution R-62-15, A Resolution Approving a Plat of Stormwater Management Easement Grant (Stars Family Services). 5. Adopt Resolution R-63-15, A Resolution Approving the Final Plat of Courthouse Square Resubdivision Phase 4C. 6. Receive Procurement Officer’s Recommendation and Authorize Bid Award to Air One Equipment, Inc. for Self Contained Breathing Apparatus (SCBA) Compressor System in the amount of $46,560. 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. PASS ORDINANCE NO. F-1890, AN ORDINANCE AMENDING CHAPTER 42 “OFFENSES AND MISCELLANEOUS PROVISIONS,” ARTICLE I “IN GENERAL,” OF THE WHEATON CITY CODE WITH THE ADDITION OF SECTION 42-33 “GARAGE SALES” Councilman Scalzo moved and Councilman Rutledge seconded that Ordinance No. F-1890, An Ordinance Amending Chapter 42 “Offenses and Miscellaneous Provisions,” Article I “In General,” of the Wheaton City Code with the Addition of Section 42-33 “Garage Sales,” be passed. City Manager Rose stated this item appeared on the October 5, 2015 Council agenda for a first reading. He indicated the ordinance would regulate the number and duration of garage sales. He recommended approval of the ordinance as submitted. Councilman Scalzo requested the Council to consider striking the prohibition of Sunday garage sales be removed allowing garage sales to be held on a Saturday and Sunday. Councilman Scalzo moved and Councilman Prendiville seconded to amend the ordinance by removing the prohibition on Sunday sales. Councilman Suess requested a brief background of the reasons behind the ordinance change. City Manager Rose stated there have been some “perpetual” sales during the summer at more than one occasion. He indicated that residents have complained about these on-going sales. In addition, the City has received complaints about individuals having numerous sales throughout the summer months. In response to Councilman Suess, City Manager Rose stated there is no permit or fee. Council Proceedings October 19, 2015 / Page 3 Councilman Rutledge stated he is supportive of the proposed amendment to the proposed ordinance. Councilman Saline indicated he had contacted residents in his district for their views and stated approximately half were in favor or the changes and half were not. He indicated he would prefer that the ban on Sunday sales remain in the ordinance. Councilwoman Fitch indicated she does not have a problem with sales being held on a Friday/Saturday or Saturday/Sunday. Roll Call Vote on Amendment: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: Councilman Saline Absent: None Motion Carried Roll Call Vote as Amended: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: None Motion Carried Unanimously 6. PASS ORDINANCE NO. F-1891, AN ORDINANCE GRANTING A SPECIAL USE PERMIT AND MULTIPLE VARIATIONS TO ALLOW THE EXPANSION OF THE EXISTING DETACHED GARAGE LOCATED AT 525 WEST LINCOLN AVENUE - ENSING Councilman Prendiville moved and Councilman Suess seconded that Ordinance No. F-1891, An Ordinance Granting a Special Use Permit and Multiple Variations to Allow the Expansion of the Existing Detached Garage Located at 525 West Lincoln Avenue - Ensing, be passed. City Manager Rose indicated the Council considered this request at its meeting on October 5, 2015, at which time the Council directed the City Attorney to prepare an ordinance approving the special use and variations requested to expand an existing garage on the property located at 525 West Lincoln Avenue. He recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Council Proceedings October 19, 2015 / Page 4 Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1892, AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $4,250,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015, OF THE CITY OF WHEATON, DUPAGE COUNTY, ILLINOIS, FOR THE PURPOSE OF REFUNDING CERTAIN BONDS HERETOFORE ISSUED BY THE CITY AND NOW OUTSTANDING, AUTHORIZING THE EXECUTION OF AN ESCROW LETTER AGREEMENT AND BOND ORDER, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX SUFFICIENT FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS, AND AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF Councilman Rutledge moved and Councilman Suess seconded that Ordinance No. F-1892, An Ordinance Providing for the Issuance of Not to Exceed $4,250,000 Taxable General Obligation Refunding Bonds, Series 2015, of the City of Wheaton, DuPage County, Illinois, for the Purpose of Refunding Certain Bonds Heretofore Issued by the City and Now Outstanding, Authorizing the Execution of an Escrow Letter Agreement and Bond Order, Providing for the Levy and Collection of a Direct Annual Tax Sufficient for the Payment of the Principal of and Interest on Said Bonds, and Authorizing the Sale of Said Bonds to the Purchaser Thereof, be passed. City Manager Rose stated that the proposed ordinance would refinance the existing TIF #3 debt. He indicated the parameters bond ordinance before the City Council was prepared by Chapman & Cutler LLP for the refund of existing bonds and issuance of new bonds for the refinancing. Finance Director Lehnhardt introduced Mr. Larry White of Chapman & Cutler LLC and Mr. John Miller of Ehlers, Inc. to answer any questions the Council may have. Councilman Suess asked for an overview of the process and if it would preclude the City from doing a direct placement with a financial institution or constructing a loan agreement with a financial institution. Mr. Miller stated the proposed process is a continuation of the same bond structure that was adopted in 2005. Mr. White responded that this process does not preclude a bank purchaser. He indicated the current plan is to do a private placement and not a public offering. In response to Councilman Rutledge, Mr. White indicated these would be taxable bonds as required by Federal tax law. Councilman Suess indicated there is not sufficient public benefit for the bonds to be tax exempt. In response to Councilman Suess, Mr. Miller indicated a call back provision has been built into the parameters ordinance, as well as an option for pre-payment. Councilman Suess feels it is important that the City be able to pay this off if the City has the money. City Manager Rose stated the proposed ordinance includes a 5 year borrowing term and the earliest it is anticipated for the full value of the apartments to be realized is 2018 or 2019, one year before the final pay off. Therefore, options for an early pay off are somewhat limited. He also stated the City hopes to realize a lower interest rate than the rate on the current debt. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Council Proceedings October 19, 2015 / Page 5 Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 8. PASS ORDINANCE NO. F-1893, AN ORDINANCE AUTHORIZING AN EXTENSION OF TIME ON THE VALIDITY OF ORDINANCE NO. F-1780 – AN ORDINANCE AMENDING THE WHEATON ZONING ORDINANCE MAP AND GRANTING THREE PARKING SETBACK VARIATIONS FOR THE PROPERTY COMMONLY KNOWN AS 209 WEST ROOSEVELT ROAD - WILT Councilman Saline moved and Councilman Prendiville seconded Ordinance No. F-1893, An Ordinance Authorizing an Extension of Time on the Validity of Ordinance No. F-1780 – An Ordinance Amending the Wheaton Zoning Ordinance Map and Granting Three Parking Setback Variations for the Property Commonly Known as 209 West Roosevelt Road – Wilt, be passed. City Manager Rose stated the owner of the property located at 209 W. Roosevelt Road has requested an extension of time for implementation of the provisions of the zoning ordinance to July 31, 2016. He recommended approval of the proposed ordinance. 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 9. APPROVE ISSUANCE OF CLASS I LIQUOR LICENSES TO COZYMEL’S/311 EAST LOOP ROAD/MAYOR PARTNERS, LLC AND TO SOGNO/100 N. HALE STREET/LE DONNE, LLC Councilman Scalzo moved and Councilman Prendiville seconded that Issuance of Class I Liquor Licenses to Cozymel’s/311 East Loop Road/Mayor Partners, LLC and to Sogno/100 N. Hale Street/Le Donne, LLC, be approved. City Manager Rose stated that the issuance of new liquor licenses for each of these restaurants is due to a change of ownership of the businesses. He recommended approval of the issuance of the licenses. Councilman Rutledge questioned if past liquor violations have any relevance. Director of Planning & Economic Development Kozik stated it is staff’s opinion that any past issues would not preclude the issuance of the new licenses. Council Proceedings October 19, 2015 / Page 6 Mayor Gresk indicated issuance of the new licenses was unanimously approved by the Liquor Control Commission. 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 10. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #15- 14/PUD/1830 EAST ROOSEVELT ROAD/ROC 1830 ROOSEVELT LLC AND REFER TO THE CITY ATTORNEY FOR ORDINANCE PREPARATION Councilman Suess moved and Councilman Rutledge seconded that the Planning & Zoning Board Report Re: Zoning Application #15-14/PUD/1830 East Roosevelt Road/Roc 1830 Roosevelt LLC be received and the item be referred to the City Attorney for Ordinance Preparation approving the request. City Manager Rose referenced the memorandum from Staff Planner Tracy Jones discussing the PUD request to allow the construction of a 130,579 square foot self-storage facility on property located on Roosevelt Road following demolition of the former car dealership. He indicated the Planning & Zoning Board reviewed the request and recommended approval with a 6-0 vote with several conditions for approval. City Manager Rose recommended the report be received and the item be referred to the City Attorney for an ordinance approving the request. Mr. Mike Siurek, Roc, Inc. introduced his partner Mr. Doug Riccolo, and Mr. Jim Koziol, the project’s civil engineer. Mr. Brad Webb was also present. Mr. Siurek presented a power point presentation of the proposed building and plans to the Council. He indicated the storage facility would be a combination of traditional storage for household goods and a car storage facility with spaces for 40 luxury cars. Mr. Siurek stated there would be a 60 foot setback off of Roosevelt Road. He also indicated they are in agreement with all of staff’s suggestions, including extending the red brick panels at the base of the building along the westerly side of the building. In response to Councilman Prendiville, Mr. Siurek stated they have a similar facility in Lisle with a long waiting list and confirmed there is a demand for high end car storage. The City Council had several questions about the appearance and construction of the building. Mr. Siurek confirmed that the building will be constructed in accordance with conditions set forth by the Planning & Zoning Board and City staff. In response to Councilman Saline, Mr. Siurek indicated the business would employ 3-4 people. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Council Proceedings October 19, 2015 / Page 7 Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 11. DEFER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND DIRECTING THE CITY CLERK TO ATTEST TO THAT CERTAIN AMENDED AND RESTATED PARKING GARAGE LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF WHEATON AND WHEATON APARTMENTS OWNER LLC TO THE NOVEMBER 2, 2015 CITY COUNCIL MEETING City Manager Rose stated the applicant contacted him earlier in the day and requested that the Council defer consideration of this item to their next meeting on November 2, 2015. 12. COUNCIL COMMENT None. 13. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 666 in the amount of $2,643,337.83 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 Scalzo moved and Councilman Rutledge seconded that the Wheaton City Council adjourn to closed session at 8:13 p.m. for the purpose of discussing Personnel – Employment Contract/Appointment (5 ILCS 120/2(c)(1)). 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 The City Council returned to the open portion of their meeting at 8:49 p.m. Council Proceedings October 19, 2015 / Page 8 15. ADJOURNMENT Councilman Saline moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 8:50 p.m. 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 Respectfully submitted, Sharon Barrett-Hagen City Clerk