City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, JULY 6, 2015 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 7:05 p.m. by Mayor Michael J. Gresk. Upon roll call, the following were: Physically Present: Mayor Michael J. Gresk Councilman John Prendiville Councilwoman Suzanne Fitch Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Phil Suess Absent: None 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. Director of Public Works Vincent Laoang Library Director Betsy Adamowski Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation proclaiming July 17 and 18, 2015 as “Wheaton Band Festival Days” in Wheaton. Ms. Janis Rogers, Treasurer and Ms. Cheryl Bice, President of the Wheaton Band Festival accepted the proclamation and invited everyone to attend the 16th annual festival on July 17 and 18. 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 June 15, 2015 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-34-15, A Resolution Authorizing the Disposal of Certain Surplus Material (Public Works). 3. Receive Procurement Officer’s Recommendation and Authorize Bid Award to Various Vendors for Water Division Materials in the amount of $193,405. 4. Receive Planning & Zoning Board report re: Zoning Application #15-10/Rear yard Setback Variation/2097 Wexford Circle/Sheren and Pass Ordinance No. F-1874, An Ordinance Granting a Rear Yard Setback Variation on a Certain Piece of Property Commonly Known as 2097 Wexford Circle - Sheren.  Council Proceedings July 6, 2015 / Page 2 5. Adopt Resolution R-35-15, A Resolution Authorizing the Disposal of Certain Surplus Material (Police). 6. Pass Ordinance No. F-1875, An Ordinance Amending the Wheaton Liquor Control Ordinance Chapter 6, Article III – Decrease in Class T (Mail Order/On-Line Wine Sales) Liquor License/Today’s Wine/102 N. Cross Street #4B. 7. Adopt Resolution R-36-15, A Resolution in Lieu of Surety Bond to Perform Construction Work on State Maintained Right-of-Ways. 8. Adopt Resolution R-37-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1107 Lyford Lane). 9. Adopt Resolution R-38-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (730 Maplewood Drive). 10. Approve Requests and Authorize the Issuance of Special Event Permits to Downtown Wheaton Association – ‘Last Call’ Sidewalk Sale; Jim Chaney – Pro Football Hall of Fame Gold Jacket 5K; and Downtown Wheaton Association – First Annual Bike Wheaton Festival. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 5. APPROVE APPOINTMENTS/REAPPOINTMENTS TO CITY COMMISSIONS/BOARDS Mayor Gresk moved and Councilman Prendiville seconded that Jean Lindsey be appointed to the Library Board, that Eileen Pearse be reappointed to the Liquor Control Commission, that Jan Kay be reappointed to the Housing Commission, that Erik Miller be appointed to the Community Relations Commission and that Emily Consolazio be appointed to the Group Care Home Commission, all for three year terms, respectively. 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  Council Proceedings July 6, 2015 / Page 3 6. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION, AUTHORIZE BID WAIVER AND APPROVE BID AWARD TO AMERICAN ROAD MAINTENANCE FOR GSB 88: EMULSIFIED TREATMENT OF ROADS IN AN AMOUNT NOT TO EXCEED $40,000. Councilman Scalzo moved and Councilman Prendiville seconded to Receive the Procurement Officer’s Recommendation, Approve Bid Waiver and Award Bid to American Road Maintenance for GSB 88: Emulsified Treatment of Roads, in an amount not to exceed $40,000. City Manager Rose stated the Procurement Officer is requesting a bid waiver as GSB 88 is available from only one source. City Manager Rose stated the City will initiate a limited program using this product this year and he recommended approval of the bid waiver and authorization of the bid award to American Road Maintenance for GSB 88 in an amount not to exceed $40,000. In response to Councilman Prendiville, City Manager Rose confirmed that the 60 to 90 PCI is the road rating measurement. Director of Engineering Redman stated that the pavement to be treated in this program had an overall average rating of 66 PCI when it was analyzed three years ago. Councilman Prendiville questioned whether or not there would be an environmental impact from use of GSB 88. Director of Public Works Laoang it is an oily substance, but the oils are stored in the aggregate. In response to Councilman Rutledge, Director of Public Works Laoang stated application of GSB 88 will have a minimal impact on traffic and one lane would remain open during application. He explained that the product is sprayed on and then followed by the sand truck. In response to Councilman Saline, Director of Public Works Laoang stated the road being treated is in the Briarcliffe area and was resurfaced last year. He indicated it is better to use the treatment early in the life of the pavement and, after application of GSB 88, Public Works will compare the treated road with pavement of the same age. 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 7. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE COOP PURCHASE AND BID AWARD TO BOB RIDINGS, INC., THROUGH THE ILLINOIS STATE CONTRACT, FOR THE PURCHASE OF F450 DUMP TRUCK (1 EACH) AND F250 PICKUP TRUCKS (SUPERCAB – 2 EACH, CREWCAB – 1 EACH AND REGULAR CAB – 4 EACH) AND APPROVE COOP PURCHASE AND BID AWARD TO WRIGHT AUTOMOTIVE, THROUGH THE ILLINOIS STATE CONTRACT, FOR F150 PICKUP TRUCKS (SUPERCAB- 2 EACH) AND DODGE CARAVAN (1 EACH) FOR A TOTAL AMOUNT OF $336,517.52 Councilman Rutledge moved and Councilwoman Fitch seconded to receive the Procurement Officer’s Recommendation and Approve Coop Purchase and Bid Award to Bob Ridings, Inc. Through the Illinois State Contract for the Purchase of F450 Dump Truck (1 Each) and F250 Pickup Trucks (Supercab – 2 Each, Crewcab – 1 Each and Regular Cab – 4 Each) and Approve Coop Purchase and Bid Award to Wright  Council Proceedings July 6, 2015 / Page 4 Automotive Through the Illinois State Contract for F150 Pickup Trucks (Supercab- 2 Each) and Dodge Caravan (1 Each) for a Total Amount of $336,517.52 City Manager Rose stated the cost for these vehicles is $33,647 under budget. He recommended the Coop Purchases and Bid Awards be approved for the purchase of several vehicles from Bob Ridings, Inc. and Wright Automotive for a total amount of $336,517.52 which includes $276,684 for the vehicles and $59,833.52 for accessories. Councilman Scalzo asked the process for determining when these types of vehicles should be replaced. Director of Public Works Laoang replied the City has developed a criteria for vehicle replacement. For these types of vehicles, he indicated replacement is not necessarily based on mileage but on overall operational running hours. In response to Councilman Rutledge, City Manager Rose stated the budget is based on the estimated cost of the vehicles and does not take trade-in values into consideration. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 8. RECEIVE PLANNING & ZONING BOARD REPORT RE: APPLICATION #15-08/CORNER SIDE YARD SETBACK VARIATION/346 E. OAK AVENUE/L. MARTINEZ CONSTRUCTION AND PASS ORDINANCE NO. F-1876, AN ORDINANCE GRANTING A CORNER SIDE YARD SETBACK ON A CERTAIN PIECE OF PROPERTY COMMONLY KNOWN AS 346 E. OAK AVENUE/L. MARTINEZ CONSTRUCTION Councilman Prendiville moved and Councilman Rutledge seconded that the Planning & Zoning Board Report Re: Application #15-08/Corner Side Yard Setback Variation/346 E. Oak Avenue/L. Martinez Construction be received and that Ordinance No. F-1876, An Ordinance Granting a Corner Side Yard Setback on a Certain Piece of Property Commonly Known as 346 E. Oak Avenue/L. Martinez Construction, be passed. City Manager Rose stated this item appeared before the Planning & Zoning Board on June 9, 2015 and was unanimously approved by that Board. He indicated the variation has been requested to allow the construction of a new single family resident with a corner side yard setback of 13.81 feet in lieu of the required 18.42 feet, which would move the building farther away from the property adjacent to the south. He recommended approval of the ordinance as submitted. In response to Councilwoman Fitch, Director of Planning & Economic Development Kozik stated the averaging language was added to the Zoning Ordinance in 2000 with the intent to provide some continuity and relation to existing properties for proposed new construction. He did indicate, however, that there are some unusual lots where averaging does not work.  Council Proceedings July 6, 2015 / Page 5 Councilman Prendiville stated the willingness of the developer to move the home based on a request from one of the neighbors leads strongly to approval of the requested variation. Councilman Suess stated he feels the key element is that the side yard setback is greater than the twelve feet required in the Zoning Ordinance. 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 9. RECEIVE PLANNING & ZONING BOARD REPORT RE: APPLICATION #15-09/PUD/720 W. CRESCENT LLC AND PASS ORDINANCE NO. F-1877, AN ORDINANCE AMENDING CITY OF WHEATON ORDINANCE NO. E-3270, “AN ORDINANCE GRANTING PLANNED UNIT DEVELOPMENT APPROVAL TO ALLOW THE CONSTRUCTION AND USE OF 3 ADDITIONAL ONE-BEDROOM APARTMENTS AND 1 ADDITIONAL STUDIO APARTMENT IN THE BASEMENT OF THE EXISTING APARTMENT BUILDING LOCATED AT 720 CRESCENT STREET – 720 W. CRESCENT STREET LLC Councilwoman Fitch moved and Councilman Saline seconded that the Planning & Zoning Board Report Re: Application #15-09/PUD/720 W. Crescent LLC be received and that Ordinance No. F-1877, An Ordinance Amending City of Wheaton Ordinance No. E-3270, “An Ordinance Granting Planned Unit Development Approval to Allow the Construction and Use of 3 Additional One-Bedroom Apartments and 1 Additional Studio Apartment in the Basement of the Existing Apartment Building Located at 720 Crescent Street – 720 W. Crescent Street LLC, be passed. City Manager Rose stated this item also appeared before the Planning & Zoning Board on June 9, 2015 and was unanimously approved by that Board, subject to five conditions. He stated the applicant is proposing the addition of three one-bedroom apartments and one studio apartment in the basement of the building at 720 Crescent Street, which currently contains 24 studio apartments. He recommended approval of the ordinance as submitted. Councilman Prendiville questioned if flooding would be an issue in the basement apartments. Director of Planning & Economic Development Kozik stated flooding is not an issue at this location. He indicated overhead sewers would be required and the proposed apartments would meet all building codes with regard to ingress/egress.. In response to Mayor Gresk, Director of Planning & Economic Development Kozik stated the property owner is in the process of rehabbing all of the apartment units in the building. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo  Council Proceedings July 6, 2015 / Page 6 Councilman Suess Nays: None Absent: None Motion Carried Unanimously 10. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD BID TO FEVA, THROUGH THE NATIONAL JOINT PURCHASING ASSOCIATION, FOR ONE F750 DUMP TRUCK IN THE AMOUNT OF $159,628 Councilman Scalzo moved and Councilwoman Fitch seconded to Receive the Procurement Officer’s Recommendation and Award Bid to FEVA, Through the National Joint Purchasing Association, for one F750 Dump Truck in the Amount of $159,628. City Manager Rose stated the Procurement Officer has recommended the purchase of a F750 dump truck from FEVA, through the National Joint Purchasing Association. He indicated this purchase is approximately $30,000 under budget. City Manager Rose recommended that the Procurement Officer’s recommendation be received and approval of the bid award to FEVA, through the National Joint Purchasing Association, for a total amount of $159,628 which includes $159,453 for the vehicle and $175 for accessories. Councilman Suess questioned the cost savings realized by making coop purchases. City Manager Rose stated the Procurement Officer researches the various purchasing options and does a cost comparison and then utilizes the purchasing association or contract that provides the best savings for the City. 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 11. ADOPT RESOLUTION R-39-15, A RESOLUTION AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT FOR FOOD AND BEVERAGE CONCESSIONAIRE/WHEATON PUBLIC LIBRARY/CAFÉ ON THE PARK, LLC Councilman Prendiville moved and Councilman Rutledge seconded that Resolution R-39-15, A Resolution Authorizing the Execution of a Service Agreement for Food and Beverage Concessionaire/Wheaton Public Library/CAFÉ ON THE PARK, LLC, be adopted. City Manager Rose explained that the Wheaton Public Library solicited proposals from companies to provide concession services in a designated area of the Library. He stated the Library Board adopted a motion on June 15, 2015 recommending that the City enter into a service agreement with CAFÉ ON THE PARK, LLC to provide the concession services. He recommended approval of the resolution and service agreement. Councilwoman Fitch presented several questions to Library Director Adamowski regarding the total cost of the renovation, the location and availability of restrooms, patron seating, the term of the agreement, renewal of the agreement, hours of operation and recycling.  Council Proceedings July 6, 2015 / Page 7 In response, Library Director Adamowski stated the budgeted renovation cost is $82,000, there will be one multi-gender restroom in the café area, the Library will allow the café to use existing seating along the wall overlooking the park, as well as seating the vendor provides, the Library Board decided the three year term of the agreement would give the café a fair chance to succeed, the hours of operation would preferable be in conjunction with the Library hours, and recycling would be done by the City’s vendor. City Attorney Knippen is of the legal opinion that the City’s risk is sufficiently protected under the terms of this agreement. He stated a decision was made to provide some flexibility because this is a new venture and the City wanted to go into this with an open mind and provide a good faith effort to make this project a success. He stated language could be added to confirm that recycling would be done by the City’s hauler if so desired. City Attorney Knippen felt it was reasonable for the Library Board to determine if the agreement should be renewed since they would have better knowledge of how the project was working. In response to Councilman Scalzo, City Attorney Knippen stated this is a service agreement, not a lease and he does not believe any property taxes would be imposed because the vendor does not have a possessory right to the property. In response to Councilman Prendiville, City Attorney Knippen stated this use is a very insignificant collateral use of the property which should not disqualify use of bond money. Councilwoman Fitch moved and Councilman Scalzo seconded to amend the agreement to include language for recycling and requiring renewal of the agreement to go through the City Council with a recommendation from the Library Board. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: Councilman Suess Absent: None Motion Carried Roll Call Vote on Original Motion as Amended: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 12. ADOPT RESOLUTION R-40-15, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A SETTLEMENT AGREEMENT BETWEEN THE CITY OF WHEATON AND THE BRIARCLIFFE KNOLLS MANOR HOMES HOMEOWNERS’ ASSOCIATION  Council Proceedings July 6, 2015 / Page 8 Councilman Prendiville moved and Councilman Rutledge seconded that Resolution R-40-15, A Resolution Authorizing the Mayor to Sign a Settlement Agreement Between the City of Wheaton and the Briarcliffe Knolls Manor Homes Homeowners’ Association, be adopted. City Manager Rose explained that the City engaged in litigation with the Briarcliffe Knolls Manor Homes Homeowners’ Association and individual property owners for improperly installed fireplaces. He stated the majority of the units have been corrected and the City and the Association have reached a settlement agreement allowing the Association to assume the responsibility to prosecute claims against non-compliant property owners. City Manager Rose recommended adoption of the resolution and approval of the settlement agreement as presented. Councilman Suess questioned how many units are not corrected. City Attorney Knippen replied there are four units remaining non-compliant and the Homeowners’ Association will assume responsibility for litigation with those property owners. Councilman Scalzo commended both sides for arriving at a compromise that ensures public safety will be protected and allowing marketability for compliant property owners. 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 13. COUNCIL COMMENT Councilman Prendiville thanked the Chamber of Commerce and the Downtown Wheaton Association for their valuable input on the City’s redevelopment plans for the downtown area. Councilman Suess complimented the Park District for coordinating the 4th of July celebration. He also thanked the Carlson family for their float and participation in the parade, as well as the municipal band. Mayor Gresk thanked the combined Wheaton high school bands – he said it was a great event celebrating 100 years of the parade. 14. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 659 in the amount of $867,803.38 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo  Council Proceedings July 6, 2015 / Page 9 Nays: None Absent: None Motion Carried Unanimously 15. CLOSED SESSION Councilman Scalzo moved and Councilwoman Fitch seconded that the Wheaton City Council adjourn to closed session at 7:56 p.m. for the purpose of personnel evaluation (5 ILCS 120/2(c)(1)). 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 The City Council returned to the open portion of their meeting at 8:55 p.m. 16. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:56 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