City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, NOVEMBER 7, 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 7:02 p.m. by Mayor Michael 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. Holly A. Schulz, Director of Human Resources Brandon Kowalke, Special Projects Assistant Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Mr. Jim Vroman, President of Community Unit School District 200 School Board, proclaiming November 15, 2016 as “School Board Members Day” in Wheaton. Mr. Vroman, accompanied by School Board members Mr. Jim Mathieson and Mr. Jim Gambaiani, thanked the Mayor and City Council for the proclamation. Mayor Gresk read a statement from Cornersite, LLC withdrawing their application for rezoning the property at the northeast corner of Naperville and Roosevelt Roads. This item appears on the agenda as Regular Agenda, New Business #4. 3. CITIZENS TO BE HEARD Ms. Nancy Flannery, 816 Elm Street, Chair of the Wheaton Historic Commission, spoke on behalf of preserving the Warren Wheaton house on the northeast corner of Naperville and Roosevelt Roads. She indicated the original home lies within the walls of the existing structure. She stated the Historic Commission and City will need to work toward the same goal to preserve and protect without limiting progress. Mr. Joe Jeffrey 606 Washington Street, expressed concerns about the new lighting proposal for the property at 319 E. Roosevelt Road. He fears the 23-foot height and position of the light poles would shine directly into his bedroom window. He asked the City Council to approve a different lighting scheme that would lessen the impact on his property. Mr. Tom Hubek, 805 S. Chase Street, asked that paragraph 2 in the Articles of Agreement for 800 E. Roosevelt Road be amended to exclude access from Chase Street. Mr. Tim Weber, 709 Weaver Ct., stated he had the same concern as Mr. Hubek. Council Proceedings November 7, 2016 / Page 2 City Manager Dzugan stated paragraph 4 of the agreement prohibits ingress or egress from Chase Street. 4. CONSENT AGENDA Councilman Saline moved and Councilman Suess seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the October 17, 2016 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-56-16, A Resolution Authorizing the Disposal of Certain Surplus Property (I.T. Department). 3. Approve Request for Bond Waiver and Authorize Issuance of Raffle License to Wiesbrook PTA. 4. Adopt Resolution R-57-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (919 North Cross Street). 5. Adopt Resolution R-58-16, A Resolution Approving the Final Plat of Subdivision of 7-Eleven Wheaton (625 West Roosevelt Road). 6. Receive Procurement Officer’s Recommendation and Award Bid for Engineering Services – Guardrail Modernization to Primera Engineers in an amount of $35,675. 7. Approve Request for Amusement Ride/Attraction License to Bounce Around (286 E. Geneva Road). Roll Call Vote on Consent Agenda: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 5. PASS ORDINANCE NO. F-1970, AN ORDINANCE APPROVING ARTICLES OF AGREEMENT – 800 EAST ROOSEVELT ROAD Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. F-1970, An Ordinance Approving Articles of Agreement – 800 East Roosevelt Road, be passed. City Manager Dzugan stated that at the October 17, 2016 City Council meeting, the Council reviewed a request from the property owner at 800 E. Roosevelt Road to amend a restrictive covenant which has been in force on the property since 1965. He indicated the proposed ordinance before the Council would amend the restrictive covenant and he recommended approval of the ordinance as presented. Mr. Steve Panko, Key Development, representing the applicant, requested that the applicant be allowed to install an electric pole up against the building on the east side. Director of Planning & Economic Development Kozik stated City Code requires all new utilities to be underground. Council Proceedings November 7, 2016 / Page 3 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. APPROVE REAPPOINTMENT/APPOINTMENTS TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Saline seconded that Don Westlake be reappointed to the Band Commission, that Gail Forrest be appointed to the Community Relations Commission and that Brittany Drummond be appointed to the Environmental Improvement Commission, each for a three-year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1971, AN ORDINANCE AUTHORIZING AN EXTENSION OF TIME ON THE VALIDITY OF ORDINANCE NO. F-1886 – “AN ORDINANCE APPROVING A PRELIMINARY PLAT OF SUBDIVISION AND VARIATIONS FOR A CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS 303 EAST PRAIRIE AVENUE – PATRICK J. MURPHY BUILDERS, INC.” Councilwoman Fitch moved and Councilman Rutledge seconded that Ordinance No. F-1971, An Ordinance Authorizing an Extension of Time on the Validity of Ordinance No. F-1886 – “An Ordinance Approving a Preliminary Plat of Subdivision and Variations for a Certain Parcel of Property Commonly Known as 303 East Prairie Avenue – Patrick J. Murphy Builders, Inc.” be passed. City Manager Dzugan stated the City received a request from Patrick Murphy Builders seeking a one year extension of time to obtain final plat approval. He recommended approval of the ordinance as submitted. Councilman Suess questioned the need for the extension of time. Mr. Jon Green, Engineering Resource Associates, stated they have submitted various documents to the City and have been working with staff over the past 4-6 months, but realized they were within days of the expiration of the original ordinance. He anticipates submitting the final plat within the next month or two. Council Proceedings November 7, 2016 / Page 4 In response to Councilman Saline, Director of Planning & Economic Development stated a one year time extension is standard practice. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Nays: None Absent: None Motion Carried Unanimously 8. RECEIVE STAFF REPORT RE: ZONING APPLICATION #16-27/REZONING AMENDMENT/319 E. ROOSEVELT ROAD/KOEHNE AND REFER TO CITY ATTORNEY FOR ORDINANCE PREPARATION APPROVING THE REQUEST Councilman Scalzo moved and Councilwoman Fitch seconded to receive the Staff Report re: Zoning Application #16-27/Rezoning Amendment/319 E. Roosevelt Road/Koehne be received and Refer the Item to the City Attorney for Ordinance Preparation Approving the Amendment. City Manager Dzugan stated the City has received a request to amend an ordinance adopted by the City Council in October 2002 to allow the property owner to illuminate the parking lot at 319 E. Roosevelt Road. Staff has recommended the item be referred to the City Attorney for ordinance preparation to approve the amendment, subject to parking lot lighting being prohibited during the hours of 10 p.m. to 6 a.m. Councilman Scalzo pointed out that the parking lot contains 19 spaces and if there were 20 spaces, lighting would be required. He indicated his acceptance of a restriction on hours of illumination. Councilman Suess stated he is not opposed to the lights, but would ask that consideration be given to the concerns raised by the neighbor to the north that would be acceptable to both parties. Dr. Michael Koehne, Applicant, 33 Hawkins Circle, confirmed they have had problems maintaining the existing low level lighting, particularly with snow in the winter. He indicated he is asking for lighting for security purposes for his staff, as well as to serve as a deterrent to cars being abandoned in his lot. With the advances in lighting technology and the use of LED lighting, he does not believe the lighting will spill over onto neighboring property. Dr. Koehne would agree to a time restriction for the lighting. In response to Councilman Prendiville, Dr. Koehne stated he works until 9 p.m. and would be agreeable to turning off the lighting at 9 p.m. instead of 10 p.m. Councilman Rutledge questioned the need for 23-foot light poles. Dr. Koehne replied that the illumination plan is the most conservative option to providing security lighting for the parking lot. In response to Councilman Prendiville, Director of Planning & Economic Development stated he could not speak to glare from these specific lights, but indicated certain LED fixtures, compared to traditional halogen lighting, produce virtually no spillover onto adjacent property. Council Proceedings November 7, 2016 / Page 5 Councilman Suess asked if the lighting could be repositioned to prevent it from shining into the windows of the home at 606 Washington. Dr. Koehne stated a tree located in that area will provide some screening of the light. The City Council asked staff to amend the proposed restriction on illumination to the hours between 9 p.m. and 6 a.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 9. PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #16-20/REZONING & PUD/623 SOUTH NAPERVILLE ROAD/CORNERSITE, LLC Mayor Gresk stated that since the applicant withdrew his request, the Council would not take any action. Councilman Suess questioned what the next step would be. City Manager Dzugan stated that if the applicant returned with another proposal, they would need to go through the entire approval process. 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 54 “SOLID WASTE” City Manager Dzugan stated the proposed ordinance would amend Chapter 54 of the City Code, due to the implementation of the new solid waste collection program. He stated the item appears on the agenda for a first reading and will be on the November 21, 2016 agenda for formal action. 11. COUNCIL COMMENT Councilman Scalzo stated the downtown Chili cook-off was a great success. Ms. Paula Barrington, Executive Director, Downtown Wheaton Association announced that Choun’s won first place in the Critic’s Choice blind tasting and Ivy Restaurant won first place as the People’s Choice. 12. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 691 in the amount of $875,398.22 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 Council Proceedings November 7, 2016 / Page 6 13. CLOSED SESSION Councilman Prendiville moved and Councilwoman Fitch seconded that the Wheaton City Council adjourn to closed session at 7:37 p.m. for the purpose of discussing Collective Bargaining (5 ILCS 120/2(c)(2)) and Review of Closed Session Minutes (5 ILCS 120/2(c)(21)). 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 The City Council returned to the open portion of their meeting at 8:06 p.m. 14. ADJOURNMENT Councilman Scalzo moved and Councilman Suess seconded that the regular Wheaton City Council Meeting be adjourned at 8:07 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