City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, JULY 18, 2016 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 Rutledge Councilman Thor Saline Councilman Todd Scalzo Absent: Councilman John Prendiville Councilman Phil Suess 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 Dev. James Volpe, Police Chief William R. Schultz, Fire Chief Holly A. Schulz, Director of Human Resources 2. PRESENTATIONS None. 3. CITIZENS TO BE HEARD Ms. Delores Lee, 1960 Manchester Road, spoke in opposition to the Class W liquor license being requested by the DuPage County Fair Association. She indicated there are many events at the fairgrounds that are loud and intrusive to the neighborhood. She presented a petition signed by residents living in the vicinity of the fairgrounds in opposition to an additional liquor license being issued to the DuPage County Fair Association. Ms. Mary Fantozzi, 1321 Nelson Circle, asked the City Council to consider a Code amendment allowing chickens, females only, within the City limits. She stated they acquired five chickens 2½ years ago without realizing chickens are not permitted in the City. She stated their chickens are well cared for and provide a learning experience for her children, in addition to fresh eggs for the family. Ms. Fantozzi stated her neighbors have not expressed any opposition to their chickens. She indicated that many other communities, such as Batavia, allow chickens. She asked the Council to amend the City Code as other communities have done. Mr. Jim McGuire, Manager, DuPage County Fair Association, 2015 Manchester Road, stated the Fair Association is seeking another revenue source and believes if this additional liquor license were issued, they would have greater control over the events. He indicated he plans to hold a neighborhood meeting to bring the area residents up to date. He also agrees that some of the events have created disturbances in the neighborhood, and stated again he is trying to prevent that with this new license. He indicated they have long-term plans to change the direction of the fairgrounds and will work with the neighbors to respond to their questions and concerns. Council Proceedings July 18, 2016 / Page 2 Miss Ava Fantozzi, 1321 Nelson Circle, read a statement demonstrating that chickens are wonderful animals and that she has learned a lot from them, especially with regard to their behavior and care. She asked that the Council consider allowing chickens in Wheaton. Mr. Brandon Fantozzi, 1321 Nelson Circle, touched based on several myths regarding chickens: he stated small flocks do not spread disease, hens are not noisy, in fact their sounds are not more than 65 decibels; they produce less waste than large dogs; predators are not an issue with a well-constructed coop; and home- grown eggs are healthier than store-bought eggs. He asked that the Code be amended to allow families to benefit from raising backyard chickens. Mr. Tom Vancleve, 1023 Lexington Lane, Batavia, stated he has served on the planning commission for Batavia, the school board and Kane County Board and has experience with resident requests. He encouraged the Council to do their due diligence and hold a public forum to give the public an opportunity to speak on the issue of backyard chickens. He confirmed that Batavia has not received any complaints about chickens in Batavia. Mr. Ken Busse, 1316 E. Elm Street, expressed his support for allowing chickens. 4. CONSENT AGENDA Councilman Scalzo moved and Councilman Rutledge seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the July 5, 2016 regular Wheaton City Council Meeting, as submitted. 2. Approve Requests and Authorize the Issuance of a Special Event Permits to Downtown Wheaton Association – Wheaton Wine Walk and Wheaton Global Tour. 3. Approve Outdoor Special Event Liquor License: Downtown Wheaton Association – Wheaton Wine Walk. 4. Adopt Resolution R-32-16, A Resolution Authorizing the Disposal of Certain Surplus Property. 5. Adopt Resolution R-33-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (17 Landon Circle). 6. Receive the Procurement Officer’s Recommendation and Award Bid to Gewalt Hamilton Associates for Engineering Services: Design of Parking Lot Resurfacing City Lots #2 and #7 in the Amount of $17,960. Roll Call Vote on Consent Agenda: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously Council Proceedings July 18, 2016 / Page 3 5. FIRST READING OF AN ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE ARTICLE II, DEFINITIONS; ARTICLE XXVI, PERSONAL WIRELESS SERVICES; AND ARTICLE XXX, ABOVE GROUND SERVICE FACILITIES City Manager Dzugan stated the Council held a Public Hearing on amendments to the Zoning Ordinance regarding small cell sites on June 27, 2016. He stated that modifications have been to the ordinance since the public hearing relating to ham radio antennas, as well as changes in the Master Agreement regarding distance between sites, elimination of a number of applications at one time and a distance requirement of 300 feet in both the Zoning Ordinance and City Code. He stated this item is on the agenda as a first reading and will return for formal action at the August 1 meeting. 6. FIRST READING OF AN ORDINANCE AMENDING ARTICLE VIII, “CONSTRUCTION OF FACILITIES AND PUBLIC WAYS,” SECTIONS 58-224 – 58-246 OF CHAPTER 58 “STREETS, SIDEWALKS AND OTHER PUBLIC PLACES’ OF THE WHEATON CITY CODE City Manager Dzugan stated this item relates to the previous item and will make several changes in the Wheaton City Code regarding new telecommunication technologies in the City. He stated this item is also on the agenda as a first reading and will return for formal action at the August 1 meeting. 7. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 68 “TELECOMMUNICATIONS” OF THE WHEATON CITY CODE City Manager Dzugan stated this ordinance relates to the two previous ordinances, and it would repeal and delete Chapter 68 of the City Code as a result of the proposed changes to the Zoning Ordinance and Chapter 58 of the City Code. He indicated this item is again on the agenda as a first reading and will return for formal action at the August 1 meeting. 8. APPROVE APPOINTMENT TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Rutledge seconded that the appointment of Shamili Ajgaonkar to the Environmental Improvement Commission for a three year term be approved Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Rutledge Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously 9. ADOPT RESOLUTION R-34-16, AUTHORIZING THE EXECUTION OF A LETTER OF INTENT TO PARTICIPATE IN THE DuPAGE JUDICIAL INFORMATION SYSTEM (DuJIS) Councilman Rutledge moved and Councilman Saline seconded to adopt Resolution R-34-16, Authorizing the Execution of a Letter of Intent to Participate in the DuPage Judicial Information System (DuJIS). City Manager Dzugan stated the proposed resolution would authorize the signing of a Letter of Intent for Wheaton to participate in the DuPage Judicial Information System, a multi-jurisdictional, shared approach for a new records management system used by police departments throughout DuPage County. He indicated projected costs for the program through the 2023 fiscal year will be $521,119, an approximate $57,000 net annual increase in our operating expenses over the next seven fiscal years. He indicated the Council Proceedings July 18, 2016 / Page 4 City will still need to execute an Intergovernmental Agreement with the County for this program. City Manager Dzugan recommended the Council adopt the resolution as presented. In response to Councilman Saline, Chief Volpe stated this system would replace the current records management system utilized by DuPage County police departments. He indicated the current system is 10 years old and can no longer be maintained. Chief Volpe indicated the amount the City of Wheaton would pay would help fund the $13MM cost of the program. City Manager Dzugan indicated the City may need to purchase new computers, which have already been budgeted in our Technology Fund. Councilman Saline questioned what would happen if the City did not participate in this program. Chief Volpe indicated the City would need to install our own program, which would be cost prohibitive. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously 10. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #16- 13/PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT/20 WEST LOOP ROAD/ALDI, INC. Councilman Saline moved and Councilman Rutledge seconded that the Planning & Zoning Board Report Re: Zoning Application #16-13/Planned Unit Development (PUD) Amendment/20 West Loop Road/Aldi, Inc., be received. City Manager Dzugan reported that the City has received a request for a PUD amendment from Aldi to allow the construction of a 3,300 square foot addition onto to their existing store at 20 West Loop Road. He stated staff has recommended approval of the request with the condition that the proposed monument sign meet City sign requirements. The motion to receive the Planning & Zoning Board report was approved by voice vote. Mr. Bob Gudmundson, consulting civil engineer representing Aldi, explained the proposed expansion on the east side of the existing building. He indicated the deteriorating concrete parking lot would be replaced, and the detention facility would be expanded. Mr. Gudmundson asked that Aldi be allowed to install a new 76 square foot monument sign at the southwest corner of West Loop and Naperville Roads to improve visibility, particularly when travelling north along Naperville Road. Councilwoman Fitch asked for clarification as to the proposed location for the new sign. She also questioned if anything could be done with regard to the landscaping which is currently blocking the view of the existing panel sign going north along Naperville Road. Director of Planning & Economic Development Kozik stated that the existing sign is located on Walgreens’s property and believes that the landscaping could be replaced with plants with lower height. He also stated that due to the panel signs, a larger sign was approved for the Walgreens development. Council Proceedings July 18, 2016 / Page 5 Mayor Gresk stated the Council has reviewed similar requests for larger monument signs and has held other applicants to the requirements of the Zoning Ordinance. He indicated he would not be in favor of a larger sign. Councilman Rutledge feels that the City’s sign ordinance needs to be reviewed in total and that he would be in favor of the larger sign. Councilman Scalzo questioned if a larger sign would have a measurable impact as he feels Aldi is a destination stop with repeat customers who are familiar with the store’s location. He questioned if there are any studies that speak to the impact of larger business signs. Mr. Gudmundson stated that, in the corporate retail world, it is all about identity and visibility. Councilman Saline stated he is in favor of maintaining the City’s existing regulations. Councilwoman Fitch believes that current sign regulations should be followed. Councilwoman Fitch moved and Councilman Saline seconded that the City Attorney be directed to prepare an ordinance approving the request with the condition that the monument sign shall be no larger than the maximum allowed by the Zoning Ordinance. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously City Manager Dzugan stated staff would also work with Walgreens on the possibility of changing the landscaping around the existing monument sign. 11. PASS ORDINANCE NO. F-1951, AN ORDINANCE AMENDING CHAPTER 6 (ALCOHOLIC BEVERAGES), ARTICLE III (RETAIL LICENSES) OF THE WHEATON CITY CODE – INCREASE IN CLASS D LIQUOR LICENSE/HIGHLAND PARK CVS, LLC d/b/a CVS/PHARMACY #10677/ 2000 SOUTH NAPERVILLE ROAD Councilman Rutledge moved and Councilwoman Fitch seconded that Ordinance No. F-1951, An Ordinance Amending Chapter 6 (Alcoholic Beverages), Article III (Retail Licenses) of the Wheaton City Code – Increase in Class D Liquor License/Highland Park CVS, LLC d/b/a CVS/Pharmacy #10677, 2000 South Naperville Road, be passed. City Manager Dzugan stated the Liquor Control Commission unanimously approved this request at their meeting on July 14, 2016. He recommended the City Council approve the ordinance as presented. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Council Proceedings July 18, 2016 / Page 6 Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously 12. PASS AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – ALCOHOLIC BEVERAGES – CLASS W LICENSE/FAIRGROUND Councilman Scalzo moved and Councilman Saline seconded that An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Class W License/Fairground, be passed. City Manager Dzugan stated that at its July 14, 2016 meeting, the Liquor Control Commission held a public meeting to review a request from the DuPage County Fair Association for a new classification of liquor license which would allow the fairgrounds to sell alcohol as part of its concession business at events held at the fairgrounds throughout the year. He indicated the Liquor Control Commission voted to approve the Code amendment. In response to questions from Councilwoman Fitch, Director of Planning & Economic Development Kozik confirmed that the new license classification would allow liquor sales at any event throughout the year and, except for the fair, would not be required to obtain any other event liquor licenses. He said details of where the concession stands would be located would be subject to the specific license. Councilwoman Fitch expressed concerns that in approving this, the City would not have knowledge of the type and size of the events and whether or not an event would have liquor. Director of Planning & Economic Development Kozik suggested that limits or restrictions could be placed upon the actual license. Councilwoman Fitch feels the City should be able to obtain additional information about each event. Councilman Scalzo feels the proposal is similar to events held at Arrowhead and the Odium in Villa Park. Director of Planning & Economic Development Kozik stated that the Odium does have a bar in their facility, but this proposed Code amendment would not allow that, and instead would only allow alcohol service at food concession stands. Mr. Jim McGuire, DuPage County Fair Association, stated the DuPage County Fairgrounds is an event center with small niche shows that bring in revenue, not only to the fairgrounds but to the surrounding communities by generating over 3,000 hotel stays. He stated the Fair Association will determine whether or not alcohol service would be provided at specific events. Mr. McGuire state they have made many improvements and they feel this would give the Association greater control over events on their property. Councilman Saline asked about the issues Ms. Lee referenced. Mr. McGuire stated there have been instances where music has gotten too loud, as well as people partying on their property without permission. Councilman Saline questioned how the license classification would attract more business. Mr. McGuire stated they have not been able to book certain events because alcohol cannot be served. He also stated that it is their intent to close the entrances from Manchester Road and have entry through the County complex. In response to Councilman Scalzo, Mr. McGuire stated they have been serving beer at the fair for five years, and during that time, have not had any complaints or issues. Council Proceedings July 18, 2016 / Page 7 Mayor Gresk stated he does not have a problem with issuing this new license which is specifically limited to one location in town. Councilman Rutledge questioned the definition of a bona fide event. Director of Planning & Economic Development Kozik replied that liquor would not served except during a specific event. City Attorney Knippen stated that the term bona fide may not be the best term to use in this ordinance as it is perhaps not specific enough. He suggested the Council may want to define the events as those hosted or sponsored by the DuPage County Fair Association. Councilwoman Fitch stated that it is her understanding that once this license is issued, the Fair Association would not be required to appear before the Liquor Control Commission and there will not be a case by case consideration by the City of any events. Councilman Scalzo agreed that the term bona fide may be ambiguous and should be clarified. He feels that the ordinance is still enforceable if sham events were held just for the purpose of running a bar. Mr. McGuire stated they have their own security firm, and work closely with the Wheaton Police Department and the Dupage County Sheriff’s office. He stated it is not their intent to have a bar and they would take appropriate action if something like that occurred. Councilman Rutledge would like to see the ordinance approved, with an amendment to the bona fide wording. City Attorney Knippen indicated it would be preferable to bring the item back at the next meeting with the amended wording. Councilman Rutledge moved and Councilman Scalzo seconded to continue this matter to the August 1, 2016 meeting. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously 13. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD BID TO CURRIE MOTORS FOR FOUR 2017 FORD UTILITY POLICE INTERCEPTOR UNITS IN THE AMOUNT OF $131,132 Councilman Scalzo moved and Councilwoman Fitch seconded that the Procurement Officer’s Recommendation be received and the Bid for Four 2017 Ford Utility Police Interceptor Units be Awarded to Currie Motors in the Amount of $131,132. City Manager Dzugan stated the Procurement Officer has recommended that the bid for four 2017 Ford Utility Police Interceptor Units be awarded to Currie Motors in the amount of $131,132, which includes approximately $6,500 to upfit the vehicles. He stated the Police Department would like to move to a black and white color scheme with the purchase of these vehicles. City Manager Dzugan recommended approval of the bid award as submitted. Council Proceedings July 18, 2016 / Page 8 Councilman Scalzo questioned the color scheme change. Chief Volpe stated he has been working on a concept for the past several years to make squad cars more consistent, highly visible and recognizable. He said the vehicles would be black with white doors, with wording similar to what we currently have. Councilman Rutledge feels black and white design appears less friendly, and he believes the City should enhance not reduce the friendly image of the Police Department. Chief Volpe stated he grew up with black and white police vehicles and his perception of seeing that vehicle was one of safety. He stated a discussion of the color scheme has been ongoing in the Police Department for many years. Councilman Rutledge questioned the specific dollar amount for the vehicles in the budget. Chief Volpe stated it was his understanding that the replacement cost of the vehicles is within the budget. Councilman Rutledge also asked if there were plans to standardize vehicles to simplify maintenance. City Manager Dzugan stated the City does try to do that whenever possible. He stated this recommendation came from the Vehicle Committee and he believes the committee took that into consideration. Chief Volpe reported that they are standardizing the Ford Explorers in the fleet. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously 14. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD BID TO GLOBAL EMERGENCY PRODUCTS FOR A FIRE PUMPER FOR A NET AMOUNT OF $432,235 Councilman Rutledge moved and Councilman Saline seconded that the Procurement Officer’s Recommendation be received and the Bid for a Fire Pumper be Awarded to Global Emergency Products for a net Amount of $432,235. City Manager Dzugan stated the Procurement Officer has recommended that the bid for a Fire Pumper be awarded to Global Emergency Products for a net amount of $432,235. He explained that the purchase price for the fire pumper is $544,900 and includes a pre-payment discount of $19,300 and a trade-in value of $95,000 for a net purchase price of $432,235. City Manager Dzugan recommended approval of the bid award for a net purchase price of $432,235. In response to Mayor Gresk, Chief Schultz stated the performance bond will give the City assurance and protection in the event anything happens from a material or production standpoint given the City would be pre-paying for the vehicle. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Council Proceedings July 18, 2016 / Page 9 Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously 15. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD BID TO DEMERS AMBULANCES FOR TWO AMBULANCES IN THE AMOUNT OF $359,320 Councilman Scalzo moved and Councilwoman Fitch seconded to receive the Procurement Officer’s Recommendation be received and the Bid for Two Ambulances be Awarded to Demers Ambulances in the Amount of $359,320. City Manager Dzugan stated the Fire Chief and Procurement Officer has recommended that the bid for two ambulances be awarded to Demers Ambulances in the amount of $359,320. City Manager Dzugan that although only one ambulance was budgeted for replacement, there is sufficient funds to replace the second vehicle. He stated the Vehicle Committee and staff felt it prudent to proceed with the replacement of two ambulances as the City will receive a multi-vehicle discount and avoid a cost increase later this year. He indicated the Fire Department is reducing the size of the ambulances, which will result in a reduction in annual operating expenses. City Manager Dzugan recommended approval of the bid award as submitted. In response to Councilman Rutledge, Chief Schultz stated the patient transport section of the ambulance will be reduced proportionately, but will not compromise the quality of services provided. Councilman Rutledge questioned if this purchase could be delayed until next year. Chief Schultz indicated he would not recommend doing so based on the age and usage of the current vehicles. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously 16. COUNCIL COMMENT Councilwoman Fitch stated that she is open to discuss the issue of allowing chickens at a Planning Session, but acknowledged that other Council members do not appear to share that view. Councilman Saline thanked the Fantozzi family for appearing and sharing their comments and eggs. Councilman Rutledge congratulated Wheaton College for placing 87th on Forbes list of the 100 top colleges nationwide. Councilman Scalzo stated the Council is aware of the concerns of residents residing near the fairgrounds and those concerns will be taken into consideration when looking at issues going forward. He also thanked the Police and Fire Departments for the work they do on behalf of the community. Council Proceedings July 18, 2016 / Page 10 Mayor Gresk welcomed several members of a Boy Scout Troop to the meeting. 17. APPROVAL OF WARRANT Councilman Scalzo moved and Councilman Saline seconded that Warrant No. 684 in the amount of $1,885,976.28 be approved. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously 18. ADJOURNMENT Councilman Rutledge moved and Councilman Saline seconded that the regular Wheaton City Council Meeting be adjourned at 8:30 p.m. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Prendiville Councilman Suess Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk