City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS TUESDAY, SEPTEMBER 8, 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 7:01 p.m. by Mayor Michael J. 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 (arrived at 7:04 p.m.) 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. Vince Laoang, Director of Public Works Russell Peacock, Project Engineer Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Ms. Ginny Christensen of the Perrin-Wheaton, National Society Daughters of the American Revolution and other DAR members declaring the week of September 17 through 23 as “Constitution Week.” Ms. Christensen thanked the Mayor and City Council for the proclamation and their support. Mayor Gresk read and presented a proclamation to Ms. Melissa Travis, People’s Resource Center proclaiming September as Hunger Action Month. Ms. Travis thanked the Mayor and City Council, as well as the Wheaton community, for their support in helping struggling neighbors in need. 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 August 17, 2015 regular Wheaton City Council Meeting, as submitted. 2. Receive the Planning & Zoning Board Report Re: Zoning Application #15-16/Rear Yard Setback Variation/2286 Richmond Drive/Demos and Pass Ordinance No. F-1883, An Ordinance Granting a Rear Yard Setback Variation on a Certain Piece of Property Commonly Known as 2286 Richmond Drive – Demos. 3. Approve Requests and Authorize the Issuance of Special Event Permits to Wheaton North High School Boosters – Homecoming Fireworks and Falcon 5K and Illinois ASCA – Park(ing) Day. Council Proceedings September 8, 2015 / Page 2 4. Adopt Resolution R-54-15, A Resolution Approving Union Avenue Plat of Consolidation (121 West Union Avenue). 5. Adopt Resolution R-55-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1981 Legends Drive). 6. Approve Request for Bond Waiver and Authorize Issuance of Raffle License to the Friends of DuPage County Animal Care & Control. 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. RECEIVE STAFF REPORT RE ZONING APPLICATION #15-11/SUBDIVISION AND VARIATIONS/303 EAST PRAIRIE AVENUE/PJ MURPHY BUILDERS City Manager Rose stated the Council first considered this request at their August 3, 2015 meeting at which time the Council requested additional information on different setback scenarios depending on the order in which the proposed three lots are developed. He stated staff has provided the information requested and recommended receipt of the staff report, followed by a discussion and a decision on going forward with the request. Councilman Rutledge moved and Councilman Suess seconded to receive the staff report and refer Zoning Application #15-11/Subdivision and Variations/303 East Prairie Avenue/PJ Murphy Builders to the City Attorney for Ordinance Preparation Approving the Application 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 Councilman Suess indicated his main concern is how the subdivision and front yard setbacks impact the property to the east and the setback of the house to the east, which is 144.43 feet. He proposed a 57.25 foot setback for Lot 1, which lines up with the property to the west, and a 144.43 foot setback for Lot 3 with Lot 2 being an average of those two setbacks or approximately 100.84 feet. Council Proceedings September 8, 2015 / Page 3 Councilman Prendiville questioned whether or not the City could legally require those setbacks under City ordinances. City Attorney Knippen stated that the City could take Councilman Suess’s proposal to the developer to obtain his agreement or the Council could vote on the proposal as submitted. Mr. Jon Green, Resource Associates, representative for the property owner, asked the Council to keep in mind the house footprint, which is traditionally 60 feet deep. He feels the development would flow better with more of a staggered approach. Mr. Green stated the developer would not agree to the setback proposal put forth by Councilman Suess. In response to Councilman Scalzo, Director of Planning & Economic Development Kozik stated prior comments from neighbors were more focused on the number of lots rather than the front yard setbacks. Councilman Scalzo expressed his concurrence with staff’s recommendation of setbacks of 57.25 feet for Lot 1,80.0 feet for Lot 2 and 120.0 feet for Lot 3. Councilwoman Fitch moved and Councilman Prendiville seconded that the City Attorney be directed to prepare an ordinance approving Zoning Application #15-11 subject to the following two conditions: 1. The front yard setback for proposed Lot 1 shall be no less than 57.25 feet; and 2. The applicant shall remove and replace any and all defective public sidewalk squares along Scott Street adjacent to the subject properties. City Attorney Knippen advised that the ordinance should also include the specific setbacks recommended by staff for all three lots as an additional condition for approval. Councilwoman Fitch and Councilman Prendiville agreed to that additional condition. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: Councilman Suess Absent: None Motion Carried City Manager Rose stated this item would return for final approval at the Council meeting on September 21, 2015. 6. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #15- 13/PUD/124 SOUTH DORCHESTER AVENUE AND 119 SOUTH MORGAN AVENUE/STONE AND PASS ORDINANCE NO. F-1884, AN ORDINANCE GRANTING PLANNED UNIT DEVELOPMENT APPROVAL TO ALLOW THE TWO PROPERTIES TO FUNCTION AS ONE LOT WITHOUT A FORMAL CONSOLIDATION OF THE LOTS BEING REQUIRED LOCATED AT 124 SOUTH DORCHESTER AVENUE AND 119 SOUTH MORGAN AVENUE - STONE Councilman Scalzo moved and Councilman Rutledge seconded that the Planning & Zoning Board Report Re: Zoning Application #15-13/PUD/124 South Dorchester Avenue and 119 South Morgan Avenue/Stone be received and that Ordinance No. F-1884, An Ordinance Granting Planned Unit Development Approval to Allow the Two Properties to Function as One Lot Without a Formal Consolidation of the Lots Being Required Located at 124 South Dorchester Avenue and 119 South Morgan Avenue – Stone, be passed. Council Proceedings September 8, 2015 / Page 4 City Manager Rose stated the property owner at 124 South Dorchester Avenue purchased the vacant lot at 119 South Morgan and installed a fence, play set and landscaping on that property. He indicated the request to allow the lots to function as one without consolidation of the lots is necessary due to the fact that consolidation would result in a double frontage lot, which is not allowed by City Code. He stated the Planning & Zoning Board reviewed this request on August 25, 2015 and unanimously recommended its approval. City Manager Rose also recommended approval of the request as submitted. In response to Councilman Saline, Director of Planning & Economic Development Kozik stated the 3 foot fence ends approximately 8 feet from Morgan Avenue. 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. APPROVE FIFTH AMENDMENT OF RJN SCOPE OF SERVICES – BASIN 4 REHABILITATION AND PRELIMINARY CIP DESIGN PROPOSAL Councilman Prendiville moved and Councilman Scalzo seconded that the fifth amendment to the RJN Scope of Services for the Basin 4 Rehabilitation and Preliminary CIP Design Proposal be approved. City Manager Rose stated the proposed amendment will increase the scope of services provided by RJN to obtain data on flow capacity of the Southside Interceptor sewer. He recommended approval of the amendment as presented. Director of Engineering Redman stated the capital design improvement work by RJN will be postponed until this analysis has been completed. He indicated there is no additional cost for the change in focus at this time. In response to Councilman Suess, Director of Engineering Redman anticipates results from this analysis to be completed by next May. He indicated the Sanitary District plans to contract with RJN to conduct a parallel analysis on the system lying outside of Wheaton. Councilwoman Fitch questioned if the Sanitary District has the legal authority to determine the amount of flow into the system. Director of Engineering Redman confirmed the District has that authority. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Council Proceedings September 8, 2015 / Page 5 Absent: None Motion Carried Unanimously 8. PASS ORDINANCE NO. F-1885, AN ORDINANCE AMENDING ORDINANCE NO. E-1156 “AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT FOR THE PARCEL COMMONLY CALLED THE AURORA YARDS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF” Councilman Rutledge moved and Councilman Suess seconded that Ordinance No. F-1885, An Ordinance Amending Ordinance No. E-1156 “An Ordinance Authorizing the Issuance of a Conditional Use Permit and Planned Development for the Parcel Commonly Called the Aurora Yards and More Particularly Described in Exhibit A Attached Hereto and Made a Part Hereof,” be passed. City Manager Rose indicated the request before the City Council would amend the PUD for Wheaton Center to approve a dog park which has been constructed on the property. He recommended approval of the request as submitted. 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 9. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD CONTRACT TO STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR PARKING LOTS: CITY HALL, POLICE DEPARTMENT AND LOT #10 IN THE AMOUNT OF $31,500 Councilman Suess moved and Councilwoman Fitch seconded that the Procurement Officer’s recommendation be received and a contract be awarded to Strand Associates, Inc. for engineering services for parking lots at City Hall, the Police Department and Lot #10 in the amount of $31,500. City Manager Rose stated the three parking lots indicated in the request are in need of repairs. He indicated the Procurement Officer is recommending a contract with Strand Associates, Inc. in the amount of $31,500 to assess current conditions and to design specifications for the repair or rehabilitation of these lots. City Manager Rose recommended the Council receive the Procurement Officer’s recommendation and award the contract to Strand Associates, Inc. as submitted in the amount of $31,500. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Council Proceedings September 8, 2015 / Page 6 Nays: None Absent: None Motion Carried Unanimously 10. COUNCIL COMMENT Councilman Scalzo invited Council members to join him at the Sanitary District’s annual “Corn Boil” on Wednesday, September 9. Councilman Rutledge stated he had attended the first annual National Gathering of Native American Veterans at Cantigny on August 29 and said it was a very interesting and inspirational event. 11. APPROVAL OF WARRANT Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 663 in the amount of $2,124,809.56 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 10. ADJOURNMENT Councilman Scalzo moved and Councilman Prendiville seconded that the regular Wheaton City Council Meeting be adjourned at 8:00 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