City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, AUGUST 1, 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 Councilwoman Suzanne Fitch Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Suess Absent: Councilman John Prendiville City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney James P. Kozik, Director of Planning & Economic Dev. Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS None. 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 July 18, 2016 regular Wheaton City Council Meeting, as submitted. 2. Approve Requests and Authorize the Issuance of Special Event Permits to St. Michael Catholic Church – Parish Picnic, Wheaton Christian Reformed Church – Neighborhood Block Fest and Wheaton North Activities & Boosters – Wheaton North High School Homecoming Fireworks. 3. Receive the Procurement Officer’s Recommendation and Authorize Purchase of 18 Automated External Defibrillators from SOS Technologies in the amount of $22,433. 4. Receive the Procurement Officer’s Recommendation and Award Bid to Trine Construction for Sanitary Trench Repair: Lorraine Ave. & Orchard Lane in the amount of $88,444. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilman Scalzo Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Council Proceedings August 1, 2016 / Page 2 Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 5. PASS ORDINANCE NO. F-1952, AN ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE ARTICLE II, DEFINITIONS; ARTICLE XXVI, PERSONAL WIRELESS SERVICES; AND ARTICLE XXX, ABOVE GROUND SERVICE FACILITIES Councilwoman Fitch moved and Councilman Rutledge seconded that Ordinance No. F-1952, An Ordinance Amending the Text of the Zoning Ordinance Article II, Definitions; Article XXVI, Personal Wireless Services; and Article XXX, Above Ground Service Facilities, be passed. City Manager Dzugan stated the Council has held a Public Hearing and a first reading review of the amendments to the Zoning Ordinance which will regulate the expansion of wireless technology in the City. He recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 6. PASS ORDINANCE NO. F-1953, AN ORDINANCE AMENDING ARTICLE VIII, “CONSTRUCTION OF FACILITIES IN THE PUBLIC WAYS,” SECTIONS 58-224 – 58-246 OF CHAPTER 58 “STREETS, SIDEWALKS AND OTHER PUBLIC PLACES” OF THE WHEATON CITY CODE Councilman Scalzo moved and Councilman Saline seconded that Ordinance No. F-1953, An Ordinance Amending Article VIII, “Construction of Facilities in the Public Ways,” Sections 58-224 – 58-246 of Chapter 58 “Streets, Sidewalks and Other Public Places” of the Wheaton City Code, be passed. City Manager Dzugan stated this item relates to the previous item and carries the changes made in the City’s Zoning Ordinance into Chapter 58 of the Wheaton City Code. He recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Council Proceedings August 1, 2016 / Page 3 7. PASS ORDINANCE NO. F-1954, AN ORDINANCE REPEALING CHAPTER 68 “TELECOMMUNICATIONS” OF THE WHEATON CITY CODE Councilman Saline moved and Councilman Scalzo seconded that Ordinance No. F-1954, An Ordinance Repealing Chapter 68 “Telecommunications” of the Wheaton City Code, be passed. City Manager Dzugan stated that, with the approval of the previous ordinances, Chapter 68 is no longer necessary and can be repealed. He also recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Rutledge Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 8. PASS ORDINANCE NO. F-1955, AN ORDINANCE AMENDING ORDINANCES E-3693 AND E-3770, “AN ORDINANCE AMENDING THE WHEATON ZONING ORDINANCE MAP AND GRANTING A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT ON A CERTAIN PIECE OF PROPERTY COMMONLY KNOWN AS THE EAST 220 FEET OF LOT 4 IN KEIM’S DANADA WEST LOOP RESUBDIVISION OF LOT 4 – ALDI’S, INC.” Councilman Rutledge moved and Councilwoman Fitch seconded that Ordinance No. F-1955, An Ordinance Amending Ordinances E-3693 and E-3770, “An Ordinance Amending the Wheaton Zoning Ordinance Map and Granting a Special Use Permit for a Planned Unit Development on a Certain Piece of Property Commonly known as the East 220 Feet of Lot 4 in Keim’s Danada West Loop Resubdivision of Lot 4 – Aldi’s, Inc.” be passed. City Manager Dzugan stated the Council reviewed this matter at its last meeting and directed an ordinance be prepared for a PUD amendment for a 3,300 square foot addition to the existing Aldi store at 20 West Loop Road. He indicated the proposed ordinance requires the monument sign to meet the requirements of the City’s sign ordinance. He recommended approval of the ordinance as proposed. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Suess Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 9. PASS AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – ALCOHOLIC BEVERAGES – CLASS W LICENSE/FAIRGROUND Council Proceedings August 1, 2016 / Page 4 City Manager Dzugan stated that DuPage County has requested that the City consider continuing consideration of this new liquor license classification until its September 19, 2016 meeting. Councilman Scalzo moved and Councilman Suess seconded to continue this matter to the September 19, 2016 meeting. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 10. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #16- 12/PUD/520 EAST KENILWORTH AVENUE & 603 IRVING AVENUE/WHEATON COLLEGE AND PASS ORDINANCE NO. F-1956, AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW THE RENOVATION OF THE EXISTING ARMERDING BUILDING AND THE CONSTRUCTION OF A NEW 550 SEAT CONCERT HALL ADDITION ON THE WEST SIDE OF THE EXISTING BUILDING, ALL ON THE PROPERTY LOCATED AT 520 EAST KENILWORTH AVENUE AND 603 IRVING AVENUE – WHEATON COLLEGE Councilman Suess moved and Councilman Saline seconded that the Planning & Zoning Board Report Re: Zoning Application #16-12/PUD/520 East Kenilworth Avenue & 603 Irving Avenue/Wheaton College be received and that Ordinance No. F-1956, An Ordinance Granting a Special Use Permit for a Planned Unit Development (PUD) to Allow the Renovation of the Existing Armerding Building and the Construction of a New 550 Seat Concert Hall Addition on the West Side of the Existing Building, all on the Property Located at 520 East Kenilworth Avenue and 603 Irving Avenue – Wheaton College, be passed. City Manager Dzugan referenced the memorandum from the Staff Planner regarding Wheaton College’s request for a PUD amendment to allow the construction of a new 550 seat concert hall addition on the west side of the existing Armerding Building. He recommended the Planning & Zoning Board report be received and the proposed ordinance be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Scalzo Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Council Proceedings August 1, 2016 / Page 5 11. ADOPT RESOLUTION R-35-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LAKESHORE RECYCLING SYSTEMS, LLC FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL AND RECYCLING SERVICES Councilman Suess moved and Councilwoman Fitch seconded that Resolution R-35-16, A Resolution Authorizing the Execution of an Agreement with Lakeshore Recycling Systems, LLC for Residential Solid Waste Collection and Disposal and Recycling Services, be adopted. City Manager Dzugan stated that on July 5, the City Council directed staff to enter into contract negotiations with Lakeshore Recycling Systems, LLC for solid waste collection. He recommended the City Council adopt the resolution and approve the contract with Lakeshore Recycling Systems, LLC. Assistant City Manager Duguay provided background on the bidding process and staff’s recommendation for Option 2 using a RFID (radio frequency identification) system for solid waste and recycling collection. He highlighted various terms of the contract and feels that Lakeshore is going above and beyond with their efforts to communicate the new program to Wheaton residents. Assistant City Manager Duguay confirmed that if residents do not register for a particular size of garbage toter, they will be provided with a 35 gallon toter. In response to Councilwoman Fitch, Assistant City Manager Duguay stated he has received positive feedback from Highland Park, who is currently using this technology. Councilman Rutledge questioned the reason for the non-disclosure paragraph in the contract. City Attorney Knippen stated that the paragraph is necessary because there are federal and state laws that require municipalities and their contractors to protect personal and private information of residents. In response to Councilman Rutledge, Assistant City Manager Duguay stated the collection schedule will remain the same as it currently is, and he confirmed that residents can get a subscription service for the collection of organics. In response to Councilman Saline, Assistant City Manager Duguay confirmed the five year contract with Lakeshore and may be extended after that time. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 12. RECEIVE STAFF REPORT ON PLANNED UNIT DEVELOPMENTS Councilman Suess moved and Councilman Rutledge seconded to receive the staff report on planned unit developments. City Manager Dzugan stated the City Council had requested staff to review the City’s planned unit development (PUD) regulations. He referenced a memorandum from Director of Planning & Economic Council Proceedings August 1, 2016 / Page 6 Development Kozik outlining the City’s PUD regulations and staff recommendations for amendments to the regulations. Director of Planning & Economic Development Kozik reviewed the memorandum and recommendations for development standards for differing categories of PUD’s rather than the current standards for all PUD’s the City currently utilizes. He feels amendments should be made in particular to the purpose clause and the standards for approval. Director of Planning & Economic Development Kozik stated that his analysis shows that our current standards are vague and do not provide any support to the City Council or the applicant. He also proposed removing the PUD requirement for a single lot developments within C-5 and M-1 zoning districts. Councilwoman Fitch indicated her agreement with many of staff’s recommendations for standards for each type of PUD. She stated she believes that current standards for developments in the M-1 district should be retained. Councilwoman Fitch feels a minimum site area is a key component and does not feel a one or two lot development would necessarily justify use of a PUD. Additionally, she feels that the voting requirements for PUD and variances should be consistent. In response to Councilman Rutledge, Director of Planning & Economic Development Kozik stated he does not feel the proposed PUD amendments would have had an effect on the STARS group home project. Councilman Suess believes it will be beneficial to have a consistent voting standard and advocated that the approval be done by a simple majority. He questioned why the City would require a supermajority for anything except the sale of public property. Councilman Suess also feels more thought should be given to the impact of PUD’s in residential areas. City Manager Dzugan stated staff will return to the City Council with draft amendments and will plan to include standards for different types of PUD’s. The motion to receive the staff report on planned unit developments was approved by unanimous voice vote. 13. COUNCIL COMMENT Councilman Suess reminded residents that property assessments were issued on July 28 and they have the right to appeal those assessments, which must be completed by August 29, 2016. 14. APPROVAL OF WARRANT Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 685 in the amount of $1,446,987.92 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Council Proceedings August 1, 2016 / Page 7 15. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 7:46 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk