City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, NOVEMBER 2, 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 7:00 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 Councilman Todd Scalzo Absent: Councilman Phil Suess City Staff Present: Donald B. Rose, City Manager Michael G. Dzugan, Assistant City Manager James Knippen, City Attorney James P. Kozik, Director of Planning & Economic Dev. Paul G. Redman, Director of Engineering Mark Field, Police Chief John M. Duguay, Director of Human Resources William R. Schultz, Fire Chief Robert R. Lehnhardt, Finance Director Joseph Kreidl, Director of Building & Code Enforcement Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS City Manager Rose presented retiring Chief Field with a historic photo of Wheaton and thanked Chief Field for his 24 years of service to the City and for the leadership he provided to the Department over his 19 years as Chief of Police. Police Chief David Webb, Hanover Park, presented Chief Field with a gold card on behalf of the DuPage Police Chiefs Association. Chief Field stated his goal was to be a good police officer and that he always tried to serve to the best of his ability. He thanked the Council and his friends at the City for all their support. Mayor Gresk read and presented a proclamation to Mr. Jim Gambaiani, and Ms. Barbara Intihar, Community Unit School District 200 Board Members, proclaiming November 15, 2015 as “School Board Members Day” in the City of Wheaton. Ms. Intihar thanked the Mayor and City Council for their support of the school district and students. She also thanked Chief Field and the Wheaton Police Department for keeping the schools safe. Mayor Gresk read and presented a proclamation to Ms. Kerry O’Brien and members of the Wheaton Chamber of Commerce, proclaiming December 1, 2015 as “#Giving Tuesday” in Wheaton. Mr. O’Brien thanked the Mayor and Council for the recognition and encouraged everyone to support the 101 not-for- profit organizations in Wheaton on #Giving Tuesday. Mayor Gresk read and presented a proclamation to Ms. Julie Nelligan, Ms. Laura West and Ms. Elizabeth Lanning proclaiming the week of December 7 through 12, 2015 as “Christmas Sharing Week” in Wheaton. Ms. Nelligan thanked the Mayor and City Council and indicated that Christmas Sharing is in its 42nd year. She stated that eight churches in Wheaton serve over 1,000 families by providing food boxes, toys, clothing Council Proceedings November 2, 2015 / Page 2 and gift certificates through the generous contributions to Christmas Sharing. Ms. Nelligan indicated additional information can be found on their website – atchristmas-sharing.org. 3. CITIZENS TO BE HEARD Ms. Kerry O’Brien, Wheaton Chamber of Commerce, and Ms. Paula Barrington, Downtown Wheaton Association, thanked Chief Field for his support of Wheaton businesses and for keeping Wheaton a safe city. 4. CONSENT AGENDA Councilman Rutledge moved and Councilman Saline seconded that the following action be taken on the Consent Agenda items: 1. Approve the minutes of the October 19, 2015 regular Wheaton City Council Meeting, as submitted. 2. Pass Ordinance No. F-1894, An Ordinance Amending Chapter 6, Article III, “Wheaton Liquor Ordinance,” of the City Code (Increase in Class F (Temporary) Special Event Alcoholic Liquor License/St. Daniel the Prophet Catholic Church/101 West Loop Road. 3. Adopt Resolution R-64-15, A Resolution Authorizing the Execution of a Law Enforcement Mutual Aid Agreement with the Illinois Law Enforcement Alarm System (ILEAS). 4. Adopt Resolution R-65-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1702 East Prairie Avenue). 5. Adopt Resolution R-66-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1867 South Wiesbrook Road). 6. Approve Requests and Authorize the Issuance of Special Event Permits to the Downtown Wheaton Association – The “Dickens of a Christmas” Parade and Tree Lighting, Carriage Rides, Visits with Santa, Holiday Stroll, Reindog Contest and Gingerbread House Contest. Roll Call Vote on Consent Agenda: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Suess Motion Carried Unanimously 5. PASS ORDINANCE NO. F-1895, AN ORDINANCE GRANTING PLANNED UNIT DEVELOPMENT APPROVAL TO ALLOW THE CONSTRUCTION AND USE OF A 130,579 SQUARE FOOT SELF STORAGE FACILITY LOCATED AT 1830 EAST ROOSEVELT ROAD – ROC 1830 ROOSEVELT LLC Councilman Prendiville moved and Councilman Scalzo seconded that Ordinance No. F-1895, An Ordinance Granting Planned Unit Development Approval to Allow the Construction and Use of a 130,579 Square Foot Self Storage Facility Located at 1830 East Roosevelt Road – Roc 1830 Roosevelt LLC, be passed. Council Proceedings November 2, 2015 / Page 3 City Manager Rose stated the Council reviewed this request at their October 19, 2015 Council meeting. He indicated the ordinance before the Council would allow the construction of a 130,579 square foot self- storage facility on property located on Roosevelt Road. City Manager Rose recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Suess Motion Carried Unanimously 6. ADOPT RESOLUTION R-67-15, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND DIRECTING THE CITY CLERK TO ATTEST TO THAT CERTAIN AMENDED AND RESTATED PARKING GARAGE LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF WHEATON AND WHEATON APARTMENTS OWNER LLC Councilman Rutledge moved and Councilman Saline seconded that Resolution R-67-15, A Resolution Authorizing the Mayor to Sign and Directing the City Clerk to Attest to that Certain Amended and Restated Parking Garage Lease and Operating Agreement Between the City of Wheaton and Wheaton Apartments Owner LLC, be adopted. City Manager Rose stated that Wheaton Apartments Owner LLC, through its managing member Draper and Kramer Investments Corp., recently purchased the Wheaton Center property and requested an amendment to the parking garage lease and agreement between the City of Wheaton and Wheaton Center. He noted the existing lease had been in place since the 1970’s and was in need of some updating. He recommended approval of the resolution and agreement as presented. In response to questions from Councilwoman Fitch, City Manager Rose stated that the shopping center and its parking spaces were part of the original PUD and the provision for the shopping center parking spaces in the lease more clearly clarifies that requirement. City Attorney Knippen confirmed that the commercial site remains part of the PUD. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Suess Motion Carried Unanimously Council Proceedings November 2, 2015 / Page 4 7. APPROVE REAPPOINTMENTS TO CITY COMMISSIONS/BOARDS Mayor Gresk moved and Councilman Prendiville seconded that Steph McGrath be reappointed to the Wheaton Downtown Design Review Board, that Vickie Miller be reappointed to the Community Relations Commission and that Nancy Allured be reappointed to the Environmental Improvement Commission, all for three year terms, respectively. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: Councilman Suess Motion Carried Unanimously 8. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #15- 18/AMENDMENT TO SPECIAL USE PERMIT/1520 EAST ROOSEVELT ROAD/WHEATON CAR WASH AND PASS ORDINANCE NO. F-1896, AN ORDINANCE AMENDING THE WHEATON ZONING MAP BY GRANTING A SPECIAL USE PERMIT TO ALLOW A CAR WASH AND AN AUTOMOBILE REPAIR FACILITY IN THE C-3 GENERAL BUSINESS DISTRICT – 1520 EAST ROOSEVELT ROAD/HILLER” Councilman Saline moved and Councilwoman Fitch seconded that the Planning & Zoning Board Report Re: Zoning Application #15-18/Amendment to Special Use Permit/1520 East Roosevelt Road/Wheaton Car Wash be received and that Ordinance No. F-1896, An Ordinance Amending the Wheaton Zoning Map by Granting a Special Use Permit to Allow a Car Wash and an Automobile Repair Facility in the C-3 General Business District – 1520 East Roosevelt Road/Hiller,” be passed. City Manager Rose stated the request before the Council is for an amendment to a special use permit to allow the construction of a 1,400 square foot addition on the south side of the existing car wash. He stated the Planning & Zoning Board reviewed the request at their meeting on October 13, 2015 and unanimously recommended its approval. City Manager Rose recommended the Planning & Zoning Board report be received and that the ordinance, as presented, be approved. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: Councilman Suess Motion Carried Unanimously 9. PASS ORDINANCE NO. F-1897, AN ORDINANCE AUTHORIZING THE EXECUTION OF A MINOR AMENDMENT TO AN ANNEXATION AGREEMENT (0N675 MORE STREET – NORTHWOODS OF WHEATON – OAK CREEK CAPITAL PARTNERS, LLC Council Proceedings November 2, 2015 / Page 5 Councilman Scalzo moved and Councilman Rutledge seconded that Ordinance No. F-1897, An Ordinance Authorizing the Execution of a Minor Amendment to an Annexation Agreement (0N675 More Street – Northwoods of Wheaton – Oak Creek Capital Partners, LLC, be passed. City Manager Rose stated the developer of the Northwoods of Wheaton project has requested an amendment to their annexation agreement to allow the installation of a subdivision identification sign. City Manager Rose recommended approval of the request as submitted. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Suess Motion Carried Unanimously 10. ADOPT RESOLUTION R-68-15, A RESOLUTION AUTHORIZING THE EXECUTION OF A CERTAIN TEMPORARY LICENSE AGREEMENT Councilman Prendiville moved and Councilman Rutledge seconded that Resolution R-68-15, A Resolution Authorizing the Execution of a Certain Temporary License Agreement, be adopted. City Manager Rose stated the resolution and agreement before the Council would allow the City to utilize property owned by Commonwealth Edison located within Parking Lot 4 for parking purposes. He indicated it was recently discovered that no agreement exists which allows the City to use this property. City Manager Rose indicated the agreement would be temporary as the City is seeking to improve this property as part of the Downtown Strategic Plan and Streetscape Plan. In addition, ComEd wants to complete an analysis of it needs in the downtown area before any specific plans are made. He recommended its approval as presented. In response to Councilman Saline, City Manager Rose stated that a property exchange may be a possibility. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Suess Motion Carried Unanimously 11. PASS ORDINANCE NO. F-1898, AN ORDINANCE AUTHORIZING THE REPEAL OF ORDINANCE NO. F-1436, AN ORDINANCE AMENDING THE WHEATON ZONING ORDINANCE MAP AND GRANTING ZONING VARIATIONS FOR A CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS 631 SOUTH HALE STREET – FOY” Council Proceedings November 2, 2015 / Page 6 Councilman Saline moved and Councilwoman Fitch seconded that Ordinance No. F-1898, An Ordinance Authorizing the Repeal of Ordinance No. F-1436, An Ordinance Amending the Wheaton Zoning Ordinance Map and Granting Zoning Variations for a Certain Parcel of Property Commonly Known as 631 South Hale Street – Foy,” be passed. City Manager Rose stated that an ordinance adopted in 2009 rezoned this property from R-4 Single-Family Residential to O-R Office Research and granted a number of setback variations. He stated that no work has been done on the property since that time and the current property owner would like the property to revert back to its original R-4 Single-Family Residential zoning to allow the existing building to be repaired and used as a single-family residence. City Manager Rose recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: Councilman Suess Motion Carried Unanimously 12. ADOPT RESOLUTION R-69-15, A RESOLUTION AUTHORIZING THE EXECUTION OF A DESIGN SERVICES AGREEMENT FOR DOWNTOWN STRATEGIC AND STREETSCAPE PLAN/DESIGN WORKSHOP Councilman Rutledge moved and Councilman Prendiville seconded that Resolution R-69-15, A Resolution Authorizing the Execution of a Design Services Agreement for Downtown Strategic and Streetscape Plan/Design Workshop, be adopted. City Manager Rose stated the resolution and agreement before the Council with Design Workshop is for design services associated with the Downtown Strategic and Streetscape Plan. He recommended approval of the resolution and agreement as presented. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Prendiville Nays: Councilwoman Fitch Absent: Councilman Suess Motion Carried 13. DISCUSSION OF WHEATON PLACE ROOF FENCING PETITION Councilman Prendiville moved and Councilman Rutledge seconded to receive the staff report on the Wheaton Place roof fencing petition. City Manager Rose stated that on September 21, 2015, the City received a petition from the Wheaton Place HOA requesting financial assistance for a fence and related expenditures, including engineering Council Proceedings November 2, 2015 / Page 7 expenditures, to prevent the trespass and vandalism that has been occurring on their roof by individuals gaining access from the adjacent parking garage. He noted that estimates provided by the HOA for the cost of the fence range from $13,000 to $38,000. City Manager Rose stated that the City obtained a cost of $6,500 for a basket-type fence which would extend out at a 45º angle from the wall of the building. He stated that Police Department records show an average of three incidents over the last 10 years; however, there were 12 incidents of trespass and/or vandalism during 2014 and 5 incidents so far this year. City Manager Rose indicated that contributing to improvements on private property would be a new area of involvement for the City and he requested direction as to how the Council would like to respond to the request for financial assistance. He recommended that the any financial contribution from the City be limited to the initial costs for the fence and its installation and not include maintenance costs or any engineering costs the HOA may have incurred. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Suess Motion Carried Unanimously Councilman Prendiville indicated he would be inclined to provide some financial support, but would not be in favor of support for maintenance or for any design work. Because access is gained from the parking garage and incidents have increased recently, he feels compelled from the City’s perspective to help the homeowners and believes the $6,500 estimate the City received would be a reasonable amount to look at. City Manager Rose stated that due to the 7 foot height differential between the garage and the condominium roof, individuals are probably climbing on vehicles to get onto the roof. He believes a basket-style fence would make it more difficult to gain access to the roof. Councilman Saline commented that there is quite a difference between the HOA’s estimate of $38,000 and the City’s estimate of $6,500. He feels that if the cost is below $10,000, the HOA could absorb that level of expense; however, if the cost is truly $38,000, he would be in favor of sharing the cost. Councilman Scalzo stated he is generally opposed to the City spending money on private property improvements; however, this is a very unique situation. He indicated he would be in favor of financial support of 50% of the cost of the fencing, up to a maximum amount of $3,250 or $3,500. Councilwoman Fitch stated that if there were a shared wall between the garage and the residential building, she would be in favor of splitting the costs 50/50. However, since there is no shared wall, she would be in favor of providing some assistance but believes there should be a limit on the City’s contribution. She stated she would need to see the actual costs involved. Councilman Rutledge stated the initial cost estimate was $20,000 to $40,000 and the homeowners were requesting $10,000 to $20,000. He stated if the cost of fence is actually $6,500, he is not sure why the City would get involved. Council Proceedings November 2, 2015 / Page 8 Mayor Gresk agrees with legal opinions received on this matter that the City does not have any legal responsibility to the homeowners. He noted that if two private homeowners petitioned the City for this type of assistance, their request would be refused. He does not feel it is the City’s job to spend taxpayer money on private property. City Manager Rose acknowledged the Council’s concern over the actual costs for a fence. He suggested that staff obtain updated price estimates for the City’s proposed basket-style fencing, discuss it further with the HOA and then return to the Council for a decision on whether or not to provide any financial assistance. Councilman Prendiville reiterated he is in favor of providing some support from the City based on the lower figure of $6,500. He agrees there is no legal liability, but feels there may be a moral responsibility to provide some sort of assistance since the parking garage is public property. While this is a precedent, he said, it is not precedent setting because it is a unique situation. The City Council directed staff to return with up-dated cost estimates. 14. COUNCIL COMMENT Mayor Gresk asked everyone to remember Veterans on November 11 and encouraged them to participate in some of the ceremonies held at schools throughout the City. He also reminded everyone about the Chili Fest on Saturday, November 7, as well as the ESSE Pancake Breakfast at St. Paul Lutheran Church from 7 a.m. to noon. 15. APPROVAL OF WARRANT Councilman Scalzo moved and Councilman Saline seconded that Warrant No. 667 in the amount of $1,343,446.25 be approved. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Suess Motion Carried Unanimously 16. CLOSED SESSION Councilman Rutledge moved and Councilman Prendiville seconded that the Wheaton City Council adjourn to closed session at 8:05 p.m. for the purpose of discussing Pending Litigation (5 ILCS 120/2(c)(11)) and Personnel – Employment Contract/Appointment (5 ILCS 120/2(c)(1)). Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Council Proceedings November 2, 2015 / Page 9 Nays: None Absent: Councilman Suess Motion Carried Unanimously The City Council returned to the open portion of their meeting at 8:52 p.m. 17. ADJOURNMENT Councilman Prendiville moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:53 p.m. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Suess Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk