City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, APRIL 4, 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 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: Councilwoman Suzanne Fitch 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. John M. Duguay, Director of Human Resources Vincent G. Laoang, Director of Public Works William R. Schultz, Fire Chief Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Ms. Karen Saad, Bicycle Advisory Committee, proclaiming May as National Bike Month and May 4, 2016 as :National Bike to School Day” in the City of Wheaton. Ms. Saad thanked the Mayor and City Council for the proclamation and their support. She showed a video presentation of the 2015 “Bike to School Day.” Mayor Gresk read and presented a proclamation to Environmental Improvement Commission member, Hanna Self, proclaiming April 9 – 30, 2016 as “Earth Days” in the City of Wheaton. Ms. Self thanked the Mayor and City Council for the proclamation. 3. CITIZENS TO BE HEARD None. 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 March 21, 2016 regular Wheaton City Council Meeting, as submitted. 2. Approve Request for Bond Waiver and Authorize Issuance of Raffle License to the New 200 Foundation. 3. Receive the Planning & Zoning Board Report Re: Zoning Application #16-05/Front Yard Setback Variation/1213 Golf Lane/Sproul and Pass Ordinance No. F-1926, An Ordinance Granting a Front Yard Setback Variation on a Certain Piece of Property Commonly Known as 1213 Golf Lane – Sproul. Council Proceedings April 4, 2016 / Page 2 4. Pass Ordinance No. F-1927, An Ordinance Amending Chapter 6 (Alcoholic Beverages) of the Wheaton City Code (Increase in Class P (Seasonal) Liquor License /Tasting deVine, 127 W. Front Street, Wheaton, IL – Saturday French Market). 5. Receive the Procurement Officer’s Recommendation and Award Bid for Fuel to Buchanan Energy in the amount of $344,626. 6. Receive the Procurement Officer’s Recommendation and Award Bid for a Trailer Mounted Hydraulic Excavation Machine to Ditch Witch in the amount of $74,259. 7. Receive the Procurement Officer’s Recommendation and Award Bid for Contracted Services for Tree Pruning to Trees “R” Us in an amount not to exceed $78,350. 8. Receive the Procurement Officer’s Recommendation and Award Bid for a Wheel Loader to Patten CAT in the amount of $178,460. 9. Receive the Procurement Officer’s Recommendation and Award Bid for Line Striping - Paint to Maintenance Coatings, Co. in the amount of $55,400. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 5. PASS ORDINANCE NO. F-1928, AN ORDINANCE AMENDING ARTICLE XV “UNIFORM STANDARDS FOR INSTALLATION, MAINTENANCE AND TRANSMISSION FOR PRIVATE FIRE ALARM SYSTEMS CONNECTION TO THE CITY OF WHEATON’S WIRELESS ALARM NETWORK” OF CHAPTER 22 “BUILDINGS AND BUILDING REGULATIONS” OF THE WHEATON CITY CODE Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. F-1928, An Ordinance Amending Article XV “Uniform Standards for Installation, Maintenance and Transmission for Private Fire Alarm Systems Connection to the City Of Wheaton’s Wireless Alarm Network” of Chapter 22 “Buildings and Building Regulations” of the Wheaton City Code, be passed. City Manager Rose stated this item appeared on the March 21 Council Agenda for a first reading. He stated the ordinance amends language in the City Code regarding the City’s wireless alarm network and recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Council Proceedings April 4, 2016 / Page 3 Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 6. PASS ORDINANCE NO. F-1929, AN ORDINANCE GRANTING REZONING AND PLANNED UNIT DEVELOPMENT APPROVAL TO ALLOW THE CONSTRUCTION AND USE OF FIVE SINGLE-FAMILY RESIDENCES ON THE PROPERTY LOCATED AT 208 NORTH WEST STREET – AIRHART CONSTRUCTION City Manager Rose stated this item last appeared before the City Council at their February 16 meeting. He indicated the ordinance before the Council, granting approval of the development, was prepared based on the assumption that the City would have a final plat in a proper format. City Attorney Knippen stated the final plat submitted to the City was not certified by a registered land surveyor as required by law. Therefore, City Attorney Knippen recommended the ordinance be amended by inserting language into Section 4 of the ordinance indicating development permits would not be issued until a legally compliant final plat of subdivision is received by the City. He indicated that the Council could either continue this item until the final plat is received, or approve the development tonight and approve the final plat by resolution at a future meeting. City Attorney Knippen stated the second option is something the Council has done in the past. Mr. Court Airhart, Airhart Construction, apologized for not submitting a legally proper final plat. He indicated it would be his preference that the Council approve the development tonight and approve the final plat at a future meeting. Councilman Scalzo moved and Councilman Suess seconded that the ordinance be amended as proposed by City Attorney Knippen. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Rutledge Mayor Gresk Councilman Saline Nays: Councilman Prendiville Absent: Councilwoman Fitch Motion Carried Councilman Rutledge stated that while he believes this is not the right plan for the south half of this block, a majority of the City Council has expressed its desire to approve the development. He asked for confirmation that the proposed ordinance addresses comments and concerns expressed by the Council. City Attorney Knippen confirmed it does. Councilman Scalzo moved and Councilman Suess seconded that Ordinance No. F-1929, An Ordinance Granting Rezoning and Planned Unit Development Approval to Allow the Construction and Use of Five Single-Family Residences on the Property Located at 208 North West Street – Airhart Construction, as amended, be passed. Council Proceedings April 4, 2016 / Page 4 Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Rutledge Mayor Gresk Councilman Saline Nays: Councilman Prendiville Absent: Councilwoman Fitch Motion Carried 7. APPROVE APPOINTMENTS/REAPPOINTMENTS TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Prendiville seconded that Michael Savegnago and Charles Hartman be reappointed to the Board of Trustees – Fire Pension Fund, each for a three year term, that Teri Ash be reappointed to the Sister City Commission for a three year term, and that Gavin Engel be appointed to the Community Relations Commission for a three year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 8. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #16- 04/TEXT AMENDMENT/ARTICLE 3/RESIDENTIAL EXTERIOR LIGHTING FIXTURES AND PASS ORDINANCE NO. F-1930, AN ORDINANCE AMENDING THE TEXT OF THE WHEATON ZONING ORDINANCE FOR EXTERIOR RESIDENTIAL LIGHTING FIXTURES Councilman Prendiville moved and Councilman Rutledge seconded that the Planning & Zoning Board Report Re: Zoning Application #16-04/Text Amendment/Article 3/Residential Exterior Lighting Fixtures be received and that Ordinance No. F-1930, An Ordinance Amending the Text of the Wheaton Zoning Ordinance for Exterior Residential Lighting Fixtures, be passed. City Manager Rose stated the staff-recommended text amendment to the Wheaton Zoning Ordinance would add regulations to control glare caused by exterior lighting in residential districts. He stated the proposed regulations are in response to several complaints about exterior lighting in residential districts and recommended approval of the ordinance as presented. In response to Councilman Suess, Director of Planning & Economic Development Kozik stated that holiday lights are excluded from these regulations. In response to Councilman Suess’ question about violation penalties, City Attorney Knippen stated penalties would be as indicated in Section 1-8 of the City Code – not less than $100 nor more than $950. Council Proceedings April 4, 2016 / Page 5 Councilman Saline stated it appears that this text amendment would adopt commercial lighting regulations into residential districts. Director of Planning & Economic Development Kozik replied that is basically true. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 9. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #16- 03/PUD/100 AND 110 WEST GENEVA ROAD/CIRCLE K HEARTLAND AND REFER TO CITY ATTORNEY FOR ORDINANCE PREPARATION Councilman Suess moved and Councilman Rutledge seconded to receive the Planning & Zoning Board Report Re: Zoning Application #16-03/PUD/100 and 110 West Geneva Road/Circle K Heartland and refer the item to the City Attorney for ordinance preparation approving the PUD. City Manager Rose stated the City has received a request from Circle K that would demolish the existing gas station, as well as the vacant building on the adjacent lot (formerly Baker’s Square Restaurant) to construct and operate a gas station with a convenience store and car wash on the consolidated parcels of land. He indicated the Planning & Zoning Board reviewed this request at the March 22, 2016 meeting and recommended its approval. Councilman Prendiville questioned staff’s recommendation to reduce the number of parking spaces. Director of Planning & Economic Development Kozik stated staff does not believe the 10 additional parking spaces the applicant is proposing over Code requirements are necessary. Mr. Mark Stinson, Circle K Area Real Estate Manager, stated they requested the additional 10 parking spaces because it is important to Circle K that ample parking be visible and available on the property for customers of the convenience store. In response to Councilman Suess, Mr. Stinson indicated access to the property will the same as it currently exists. Councilman Suess questioned the amount of existing impervious surface and what the percentage would be with the new development. Mr. Payman Homayouni, Bowman Consulting, responded that the proposed plan reduces the amount of impervious area on the site. In response to Councilman Rutledge, City Manager Rose confirmed that the required sidewalks would not connect at this time, but would be in place if the property to the south were redeveloped in the future. Councilman Suess raised concerns about the impact of the car wash on the adjacent property. Mr. Stinson replied that they would construct an 8 foot privacy fence and install evergreen plantings. Additionally, he indicated the sound from the dryers would be directed towards the street, minimizing its impact on the surrounding property. In response to Mayor Gresk, Mr. Stinson stated Circle K does plan to apply for a Class S liquor license. Council Proceedings April 4, 2016 / Page 6 Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 10. FIRST READING OF AN ORDINANCE AMENDING PORTIONS OF CITY OF WHEATON PERSONNEL RULES AND REGULATIONS City Manager Rose stated the Director of Human Resources prepared a memorandum outlining proposed amendments to the City’s Personnel Manual. He indicated the changes ensure the City is in compliance with State and Federal laws, as well as current practices. City Manager Rose stated the item is on the agenda for a first reading and will return on the April 18, 2016 agenda for formal action. 11. FIRST READING OF AN ORDINANCE AMENDING THE PAY SCHEDULES FOR OFFICERS, ASSISTANTS AND EMPLOYEES OF THE CITY OF WHEATON, ILLINOIS City Manager Rose stated the proposed ordinance sets forth the pay plan for City employees for fiscal year 2016-2017, which begins May 1, 2016. He stated the item appears on the agenda for a first reading and formal action will be taken at the April 18, 2016 meeting. 12. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE BID AWARD FOR BITUMINOUS MATERIAL TO PLOTE CONSTRUCTION IN THE AMOUNT OF $262,460. Councilman Saline moved and Councilman Prendiville seconded that the Procurement Officer’s Recommendation be Received and the Bid Award for Bituminous Material to Plote Construction in the amount of $262,460, be approved. City Manager Rose stated the Procurement Officer has recommended that the bid award for bituminous material to Plote Construction in the amount of $262,460 be approved. He also recommended approval of the bid award as presented. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 13. COUNCIL COMMENT None. Council Proceedings April 4, 2016 / Page 7 14. APPROVAL OF WARRANT Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 677 in the amount of $514,825.04 be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 15. ADJOURNMENT Councilman Scalzo moved and Councilman Saline seconded that the regular Wheaton City Council Meeting be adjourned at 7:40 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk