City Council Meetings

August 20, 2018 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 Gresk Councilman Barbier Councilman Prendiville Councilman Rutledge Councilman Scalzo Councilman Suess Absent: Councilwoman Fitch 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 Development William Schultz, Fire Chief Al McMillen, Water Division Superintendent Sharon Barrett-Hagen, City Clerk 2. Citizens to Be Heard None. 3. Consent Agenda Councilman Rutledge moved and Councilman Suess seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes July 23, 2018 Wheaton City Council Public Hearing minutes and the August 6, 2018 minutes of the regular Wheaton City Council meeting, as submitted. 2. Authorize Issuance of an Outdoor Special Event Liquor License to Wheaton Park District – October Fest. 3. Approve Request and Authorize Issuance of Special Event Permits to Wheaton Community Relations Commission – Festival of Cultures and Wheaton Park District – October Fest. Roll Call on Consent Agenda: Ayes: Councilman Rutledge WHEATON CITY COUNCIL PROCEEDINGS August 20, 2018 Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 4. Pass Ordinance No. O-2018-45, An Ordinance Authorizing the Signing of an Annexation Agreement – Vacant Property Located on the East Side of Hawthorne Lane Between 1561 and 1671 Hawthorne Lane - Cline Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance No. O-2018-45, An Ordinance Authorizing the Signing of an Annexation Agreement – Vacant Property Located on the East Side of Hawthorne Lane Between 1561 and 1671 Hawthorne Lane – Cline, be passed. City Manager Dzugan stated three ordinances are before the Council relating to the annexation of property located on the east side of Hawthorne Lane. He advised a public hearing was held on July 23, 2018 for the annexation of this property. He indicated the petitioner is requesting R-1 residential zoning and plans to subdivide the property into two lots with plans for construction of a home on the northernmost lot. He stated City and water and sewer will be extended to the property. City Manager Dzugan indicated five votes are required to authorize execution of the annexation agreement, the first of the three ordinances. City Manager Dzugan reported that the City Attorney worked with the applicant’s attorney to finalize language contained in paragraph 14 of the annexation agreement regarding access to Hawthorne Lane by City personnel. City Attorney Knippen summarized his research into Hawthorne Lane ownership and easements and expressed his opinion that the City has apparent authority to utilize Hawthorne Lane to provide emergency services to the area. In response to Councilman Scalzo, City Manager Dzugan stated he has had preliminary discussions with Chicago Golf regarding the annexation to the City. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 5. Pass Ordinance No. 0-2018-46, An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – Vacant Property Located on the East Side of Hawthorne Lane Between 1561 and 1671 Hawthorne Lane - Cline Councilman Suess moved and Councilman Barbier seconded that Ordinance No. 0-2018-46, An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – Vacant Property Located on the East Side of Hawthorne Lane Between 1561 and 1671 Hawthorne Lane – Cline, be passed. 2 WHEATON CITY COUNCIL PROCEEDINGS August 20, 2018 Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 6. Pass Ordinance No. 0-2018-47, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as Vacant Property Located on the East Side of Hawthorne Lane Between 1561 and 1671 Hawthorne Lane - Cline Councilman Suess moved and Councilman Prendiville seconded that Ordinance No. 0-2018-47, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as Vacant Property Located on the East Side of Hawthorne Lane Between 1561 and 1671 Hawthorne Lane - Cline, be passed. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 7. Pass Ordinance No. 0-2018-48, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Section 6.87.5 – Outdoor Special Event Liquor License Councilman Suess moved and Councilman Barbier seconded that Ordinance No. 0-2018-48, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Section 6.87.5 – Outdoor Special Event Liquor License, be passed. City Manager Dzugan stated the proposed ordinance would add the Cosley Zoo, 1356 Gary Avenue, as an approved location for an Outdoor Special Event Liquor License. He indicated the Liquor Control Commission unanimously recommended approval of this code amendment at their meeting on August 9, 2018. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk 3 WHEATON CITY COUNCIL PROCEEDINGS August 20, 2018 Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 8. Pass Ordinance No. 0-2018-49, An Ordinance Amending City of Wheaton Ordinance No. E-3422, “An Ordinance Granting a Special Use Permit for a Shopping Center and Movie Theatre – Danada Farms East/Rice Lake (Wheaton 7 Joint Venture)” and Ordinance Nos. E-3433, E-3607, E-3636, E-3641, E-4141, F-0061, F-1170, F-1296, F-1371, F-1540, F-1590, F-1622, F-1699, and F-2024 Councilman Prendiville moved and Councilman Barbier seconded that Ordinance No. 0-2018-49, An Ordinance Amending City of Wheaton Ordinance No. E-3422, “An Ordinance Granting a Special Use Permit for a Shopping Center and Movie Theatre – Danada Farms East/Rice Lake (Wheaton 7 Joint Venture)” and Ordinance Nos. E-3433, E-3607, E-3636, E-3641, E-4141, F-0061, F-1170, F-1296, F-1371, F-1540, F-1590, F-1622, F-1699, and F-2024, be passed. City Manager Dzugan stated the proposed ordinance would allow a minor amendment to the Rice Lake PUD for certain changes to the monument sign to accommodate the new Pete’s Fresh Market signage. The proposed changes include increasing the height of the shared pylon sign located on Butterfield Road and the use of an electronic message board sign, which is permitted by special use. Director of Planning & Economic Development Kozik indicated he received late word that the owner would also like to increase the height of the stone portion of the sign to match the height increase for the addition of signage for Pete’s Fresh Market. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 9. Adopt Resolution R-2018-79, a Resolution Granting and Accepting Easements and Authorizing the Mayor to Sign and Directing the City Clerk to Attest to the Easement Agreement for Refuse Enclosure Between the City of Wheaton, Main Street Properties, LLC, the Owner of 109 North Main Street and the Owner of 103 East Front Street Councilman Rutledge moved and Councilman Barbier seconded that Resolution R-2018-79, a Resolution Granting and Accepting Easements and Authorizing the Mayor to Sign and Directing the City Clerk to Attest to the Easement Agreement for Refuse Enclosure Between the City of Wheaton, Main Street Properties, LLC, the Owner of 109 North Main Street and the Owner of 103 East Front Street, be adopted. 4 WHEATON CITY COUNCIL PROCEEDINGS August 20, 2018 City Manager Dzugan advised the proposed resolution would approve an easement agreement between four different property owners to create and maintain a refuse enclosure area behind the properties generally located at the northeast corner of Main and Front Streets. He stated the five main provisions of the Easement Agreement are (1) the City will construct the enclosure, (2) Owner 1 will provide an easement to increase the size of the enclosure area, (3) Owners 2 and 3 will each initially pay $500 for their share in the cost of constructing the enclosure, (4) Owners 1, 2 and 3 will pay for all costs associated with securing trash removal and (5) the City will administer the area and provide maintenance, with reimbursement from the owners for proportional sharing of costs for such maintenance. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 10. Receive Planning & Zoning Board Report Re: ZA #18-13/Special Use Permit and Variations/816 Pershing Avenue/Hatzold and Pass Ordinance No. O-2018-50, An Ordinance Granting a Special Use Permit and a Height Variation on a Certain Piece of Property Commonly Known as 816 Pershing Avenue - Hatzold Councilman Rutledge moved and Councilman Prendiville seconded that the Planning & Zoning Board Report Re: ZA #18-13/Special Use Permit and Variations/816 Pershing Avenue/Hatzold, be received. City Manager Dzugan stated the Planning & Zoning Board unanimously recommended approval of a special use permit and variations to construct a 1,400 square foot detached garage at 816 Pershing Avenue at their meeting on August 14, 2018. He indicated the Board recommended six conditions for approval which have been incorporated into the ordinance before the Council. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Councilman Scalzo moved and Councilman Barbier seconded that Ordinance No. O-2018-50, An Ordinance Granting a Special Use Permit and a Height Variation on a Certain Piece of Property Commonly Known as 816 Pershing Avenue - Hatzold, be passed. 5 WHEATON CITY COUNCIL PROCEEDINGS August 20, 2018 Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 11. Receive Planning & Zoning Board Report Re: ZA #18-14/Subdivision and Variation/616 N. Main Street/L. Martinez Construction and Pass Ordinance No. O-2018-51, An Ordinance Granting a Subdivision and Setback Variation on a Certain Piece of Property Commonly Known as 616 N. Main Street – L. Martinez Construction Councilman Barbier moved and Councilman Prendiville seconded that the Planning & Zoning Board Report Re: ZA #18-14/Subdivision and Variation/616 N. Main Street/L. Martinez Construction, be received. City Manager Dzugan stated the Planning & Zoning Board unanimously recommended approval of a subdivision and variation request to allow a front yard setback of 35.5 feet rather than the required 40.5 feet for the property at 616 North Main Street at their meeting on August 14, 2018. He stated the requested setback is for a home proposed to be constructed on the eastern portion of the property. Roll Call Vote: Ayes: Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Councilman Rutledge moved and Councilman Barbier seconded Ordinance No. O-2018-51, An Ordinance Granting a Subdivision and Setback Variation on a Certain Piece of Property Commonly Known as 616 N. Main Street – L. Martinez Construction, be passed. In response to Councilman Suess, Director of Planning & Economic Development confirmed that granting this setback variance would not result in a variance and would not have an adverse impact on the property to the south. Director of Engineering Redman stated the curb cut for the property to the south would be on Main Street. Roll Call Vote: 6 WHEATON CITY COUNCIL PROCEEDINGS August 20, 2018 Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 12. Adopt Resolution R-2018-80, A Resolution Authorizing the Execution of an Agreement with Maxcor, Inc. for the 2018 Orchard Water Tower Tank Mixer in the Amount of $43,410 Councilman Barbier moved and Councilman Suess seconded that Resolution R-2018-80, A Resolution Authorizing the Execution of an Agreement with Maxcor, Inc. for the 2018 Orchard Water Tower Tank Mixer in the Amount of $43,410, be adopted. City Manager Dzugan reported the City received three bids for a portable tank mixer to be installed in the Orchard Water Tower, with the low bid of $43,410 being submitted by Maxcor, Inc. He advised $35,000 has been budgeted for this work, with the additional expense paid with Water Fund reserves. In response to Councilman Suess, City Manager Dzugan stated Manchester Water Tower already has a tank mixer in place. In response to Councilman Rutledge, Water Superintendent McMillen confirmed that the vendor would install the mixer. Roll Call Vote: Ayes: Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 13. Adopt Resolution R-2018-81, A Resolution Authorizing the Execution of an Agreement with Muscat Painting & Decorating for Street Light Pole Painting in an Amount Not to Exceed $35,000 Councilman Suess moved and Councilman Barbier seconded that Resolution R-2018-81, A Resolution Authorizing the Execution of an Agreement with Muscat Painting & Decorating for Street Light Pole Painting in an Amount Not to Exceed $35,000, be adopted. City Manager Dzugan reported the City received two bids for the painting of light poles north and east of the Downtown area, including light poles in the City, Hall and Library parking lots. He advised Muscat Painting & Decorating submitted the low bid in an amount of $49,546,80 to paint 200 light poles. He advised the number of light poles painted will be based on how many can be painted for the budgeted 7 WHEATON CITY COUNCIL PROCEEDINGS August 20, 2018 amount of $35,000 and he anticipates that number to be approximately 130. He stated this is year 2 of a 3-year plan to complete this work and the City will go out to bid to paint the remaining light poles. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 14. Council Comment Mayor Gresk announced that Merle Phillips, passed away Saturday at the age of 111. He said Merle was a friend of Wheaton and was very active in the Perrin-Wheaton Chapter of the DAR. He expressed his condolences and stated she will be missed. Councilman Rutledge acknowledged attendance at the meeting by Ethan Marcheselli, a member of Boy Scout Troop 34. 15. Approval of Warrant Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 734 in the amount of $3,175,240.41, be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 16. Adjournment Councilman Scalzo moved and Councilman Barbier seconded that the regular Wheaton City Council Meeting be adjourned at 7:35 p.m. 8 WHEATON CITY COUNCIL PROCEEDINGS August 20, 2018 Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk Approved: September 4, 2018 9