City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS TUESDAY, JANUARY 17, 2017 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 Councilman John Prendiville Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Phil Suess Absent: Councilwoman Suzanne Fitch 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. Chad W. Michaelis, Director of Information Technology Arin Thrower, Public Information Officer 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 January 3, 2017 regular Wheaton City Council Meeting, as submitted. 2. Approve Requests for Bond Waivers and Authorize Issuance of Raffle Licenses/Madison PTA, Monroe Middle School PTA and Wheaton Warrenville South “The Classics” Show Choir. 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 Council Proceedings January 17, 2017/ Page 2 5. PASS ORDINANCE NO. F-1992, AN ORDINANCE AMENDING THE TEXT OF THE WHEATON ZONING ORDINANCE TO ESTABLISH “MOTHER AND INFANT SUPPORT CENTERS” AS A USE IN THE O-R ZONING DISTRICT Councilman Saline moved and Councilman Scalzo seconded that Ordinance No. F-1992, An Ordinance Amending the Text of the Wheaton Zoning Ordinance to Establish “Mother and Infant Support Centers” as a Use in the O-R Zoning District, be passed. City Manager Dzugan stated the ordinance relates to a text amendment to the Zoning Ordinance to establish Mother and Infant Support Centers as a special use in the O-R Zoning District, as well as the creation of parking regulations for such a use. He stated at the December 5, 2016 meeting, the City Council continued the item to tonight’s meeting to allow applicant sufficient time to respond to questions raised by the Council. City Manager Dzugan stated a legal analysis was done and determined the center was not subject to State licensing requirements. In addition, he indicated it was determined that the height of the brick fence could not be extended with additional brick because of insufficient load bearing capacity of the existing masonry wall. City Manager Dzugan recommended approval of the ordinance 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 6. PASS ORDINANCE NO. F-1993, AN ORDINANCE AMENDING ORDINANCE NOS. E-2045, E-3264, F-0140, F-0791, F-1219 AND RESOLUTION NO. R-22-07 GRANTING A SPECIAL USE PERMIT FOR A MOTHER AND INFANT CARE CENTER TO OPERATE OUT OF THE EXISTING BUILDING LOCATED AT 301 W. ROOSEVELT ROAD – THE BUTTERFLY GARDEN NFP Councilman Saline moved and Councilman Scalzo seconded that Ordinance No. F-1993, An Ordinance Amending Ordinance Nos. E-2045, E-3264, F-0140, F-0791, F-1219 and Resolution No. R-22-07 Granting a Special Use Permit for a Mother and Infant Care Center to Operate Out of the Existing Building Located at 301 W. Roosevelt Road – The Butterfly Garden NFP, be passed. City Manager Dzugan stated this ordinance would grant a special use permit for a mother and infant care center operating out of the existing building at 301 W. Roosevelt Road. He indicated the proposed ordinance contains several conditions for approval which include the applicant completing the installation of previously approved landscaping and replacing any landscaping that has died or is dying and a combined total of twelve resident pregnant women and mothers of infants In response to Councilman Suess, Director of Planning Zoning Kozik stated the reference to extending the existing brick fence has been removed as a condition of approval based on an architectural assessment that the existing fence could not be extended with brick and the addition of lattice fencing on top of the fence was not acceptable to the adjacent property owner. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Council Proceedings January 17, 2017/ Page 3 Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1994, AN ORDINANCE AMENDING SECTION 2-142 “POWERS AND DUTIES,” DIVISION 3 “CITY MANAGER” OF CHAPTER 2 “ADMINISTRATION” OF THE WHEATON CITY CODE Councilman Suess moved and Councilman Prendiville seconded that Ordinance No. F-1994, An Ordinance Amending Section 2-142 “Powers and Duties,” Division 3 “City Manager” of Chapter 2 “Administration” of the Wheaton City Code, be passed. City Manager Dzugan stated this appeared for a first reading on the January 3, 2017 agenda and would provide the City Manager with the authority to manage City owned and controlled property, and, if necessary, establish no trespass areas. Councilman Suess questioned how this would affect the train station. City Manager Dzugan stated there has been some loitering and no trespass areas may be established if the loitering cannot be controlled through other means. City Attorney Knippen advised this ordinance would apply to the train station because the City leases that facility. Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 8. FIRST READING OF AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF WHEATON, ILLINOIS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE City Manager Dzugan stated the City initiated a legal review of the Wheaton City Code back in December 2015 as it has been 26 years since such a review has been done. City Manager Dzugan stated the proposed ordinance would adopt the revised City Code. He confirmed that staff plans to further review voting requirements and will present that issue to the Council at a future Planning Session. He stated this ordinance appears as a first reading and will be placed on the February 6, 2017 agenda for formal approval. 9. ADOPT RESOLUTION R-03-17, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CIVIC PLUS FOR WEBSITE HOSTING, RE-DESIGN, DEVELOPMENT, AND IMPLEMENTATION Council Proceedings January 17, 2017/ Page 4 Councilman Suess moved and Councilman Rutledge seconded that Resolution R-03-17, A Resolution Authorizing the Execution of an Agreement with CivicPlus for Website Hosting, Re-Design, Development, and Implementation, be adopted. City Manager Dzugan stated the City solicited bids for the re-design, development and implementation of the City’s website, which would include website hosting. Seven bids were received and the Procurement Officer has recommended the City enter into a five-year agreement with CivicPlus in the amount of $42,251 for the initial design and development services, and an annual fee of $6,551 for website hosting. The Procurement Officer believes this is a more cost effective solution for document management and storage needs. City Manager Dzugan recommended approval of the resolution as presented. Councilman Suess stated this change will save $104,000 from next year’s budget, which is a significant change. Councilman Rutledge questioned if there was a backup plan if this process did not work. Director of Information Technology Michaelis stated there is minimal risk to the City because the current system could be extended if necessary. In response to Councilman Rutledge, Director of Information Technology Michaelis stated he could not directly respond to why CivicPlus was selected, but reported that CivicPlus is a very well-known website design and hosting company. Mr. Joe Mahady, 927 N. Washington Street, thanked the City Manager for the cost savings which will be realized with this program, but cautioned about expenditures not budgeted. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 10. FIRST READING OF AN ORDINANCE AMENDING THE OFFICIAL MOTOR VEHICLE AND TRAFFIC SCHEDULES (CHAPTER 70) AND APPENDIX B (FEE SCHEDULE) OF THE WHEATON CITY CODE City Manager Dzugan stated the proposed ordinance would remove leased parking fees from the traffic schedule. He stated the item appears for a first reading and will be placed on the February 6, 2017 agenda for formal action. 11. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZA #16-28/PUD/2040 S. NAPERVILLE ROAD/THE GLAZIER CORPORATION (EXISTING DOMO RESTAURANT Councilman Rutledge moved and Councilman Saline seconded to receive the Planning & Zoning Board Report Re: ZA #16-28/PUD/2040 S. Naperville Road/The Glazier Corporation (Existing Domo Restaurant). City Manager Dzugan stated the Council has before it a report from the Planning & Zoning Board recommending approval of a special use permit for a planned unit development for the construction of an 8,935 square foot, three-tenant retail building with a drive-thru service on the property at 2040 S. Council Proceedings January 17, 2017/ Page 5 Naperville Road. He indicated the existing Domo 77 Restaurant building would be demolished as part of the redevelopment. City Manager Dzugan recommended receipt of the Planning & Zoning Board report and referral to the City Attorney for ordinance preparation approving the PUD subject to conditions set forth in Planning & Zoning report. Councilman Rutledge feels the City’s parking regulations are somewhat antiquated based on changes in the marketplace. He is happy with the parking as it has been proposed. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 12. COUNCIL COMMENT Mayor Gresk announced that Camarata Chicago, a Wheaton-based orchestra, will be performing at Wheaton College with the Joffrey Ballet on January 27, 2017. He encouraged everyone to attend. Councilman Suess complimented the Wheaton Park District on the opening of their skating rinks. He feels the skating rinks are a good addition to the community. Councilman Saline reported he attended a Martin Luther King celebration at Gary United Methodist Church hosted by the Second Baptist Church. He said it was a wonderful celebration and seven Wheaton students received scholarships. 13. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 696 in the amount of $1,531,005.64 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 14. CLOSED SESSION Councilman Scalzo moved and Councilman Suess seconded that the Wheaton City Council adjourn to closed session at 7:24 p.m. for the purpose of discussing Probable Litigation (5 ILCS 120/2(c)(11)). Mayor Gresk announced the Council will be taking action after the Closed Session. Council Proceedings January 17, 2017/ Page 6 Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously The City Council returned to the open portion of their meeting at 7:50 p.m. 15. MOTION CONSISTENT WITH CITY COUNCIL’S DIRECTION FROM CLOSED SESSION Councilman Suess moved and Councilman Rutledge seconded to ratify the filing of the case entitled City of Wheaton v. Morningside Wheaton, LLC. Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 16. ADJOURNMENT Councilman Scalzo moved and Councilman Saline seconded that the regular Wheaton City Council Meeting be adjourned at 7:52 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