City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, NOVEMBER 21, 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 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 Councilman Phil Suess (arrived at 7:03 p.m.) Absent: None 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. Vincent G. Laoang, Director of Public Works Holly A. Schulz, Director of Human Resources Arin Thrower, Public Information Officer Brandon Kowalke, Special Projects Assistant Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Ms. Barb Wernicke, President of Christmas Sharing, proclaiming December 4 through 10, 2016 as “Christmas Sharing Week” in Wheaton. Ms. Wernicke thanked the Mayor and City Council. She stated they help over 800 families in School District 200 with this program by providing food boxes, toys, and clothing. Ms. Wernicke stated additional information can be found on their website – atchristmas-sharing.org. 3. CITIZENS TO BE HEARD Ms. Kerry O’Brien, accompanied by members of the Wheaton Chamber of Commerce, announced “#Giving Tuesday” on Tuesday, November 29, 2016, where citizens, non-profits and businesses work together to change how people think about giving and help people learn to give back. She encouraged everyone to participate on #Giving Tuesday. 4. CONSENT AGENDA Councilman Rutledge moved and Councilman Suess seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the November 7, 2016 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-59-16, A Resolution Authorizing the Release of Closed Session Minutes. Council Proceedings November 21, 2016 / Page 2 3. Adopt Resolution R-60-16, A Resolution Authorizing the Destruction of Audio or Video Recording of Closed Session Minutes. 4. Pass Ordinance No. F-1972, An Ordinance Amending Chapter 6, Article III (Decrease in Class P (Seasonal-French Market) Liquor License/Tasting DeVine, Wheaton, IL. 5. Adopt Resolution R-61-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (144 Shelley Lane). 6. Adopt Resolution R-62-16, A Resolution Authorizing the Disposal of Certain Surplus Property (P.W. Department). 7. Receive Planning & Zoning Board Report Re: Zoning Application #16-24/Front Yard Setback Variation/816 Pershing Avenue/Hatzold and Pass Ordinance No. F-1973, An Ordinance Granting a Front Yard Setback Variation on a Certain Piece of Property Commonly Known as 816 Pershing Avenue – Hatzold. 8. Receive Procurement Officer’s Recommendation and Award Bid for Sewer Main Rehabilitation 2016 to Visu-Sewer of Illinois in an amount of $120,467.50. Roll Call Vote on Consent Agenda: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 5. PASS ORDINANCE NO. F-1974, AN ORDINANCE AMENDING CHAPTER 54 “SOLID WASTE” Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance No. F-1972, An Ordinance Amending Chapter 54 “Solid Waste,” be passed. City Manager Dzugan stated the Council reviewed this proposed code amendment to Chapter 54 at their November 7, 2016 meeting. He indicated the amendments are being made as a result of implementing the City’s new trash collection program. He recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Council Proceedings November 21, 2016 / Page 3 Absent: None Motion Carried Unanimously 6. PASS ORDINANCE NO. F-1975, AN ORDINANCE AMENDING CITY OF WHEATON ORDINANCE NO. F-0763 AND F-0787, “AN ORDINANCE AMENDING THE WHEATON ZONING ORDINANCE MAP ON A CERTAIN PIECE OF PROPERTY COMMONLY KNOWN AS 319 EAST ROOSEVELT ROAD (MORREALE/ZONING APPLICATION 02-21)” Councilman Prendiville moved and Councilman Saline seconded that Ordinance No. F-1975, An Ordinance Amending City of Wheaton Ordinance No. F-0763 and F-0787, “An Ordinance Amending the Wheaton Zoning Ordinance Map on a Certain Piece of Property Commonly Known as 319 East Roosevelt Road (Morreale/Zoning Application 02-21),” be passed. City Manager Dzugan stated the Council reviewed a request to install parking lot lights on the property at 319 East Roosevelt Road at their November 7, 2016 meeting. He stated the ordinance before the Council would allow the lighting with a restriction that the lights shall not be illuminated between the hours of 9:00 p.m. and 6:00 a.m. City Manager Dzugan recommended approval of the ordinance as presented. 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 7. APPROVE REAPPOINTMENTS TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Saline seconded that Tracy Jones be reappointed to the Downton Design Review Board and that Steph McGrath be reappointed to the Historic Commission, each for a three- year term. 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 8. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 70 OF THE WHEATON CITY CODE, “TRAFFIC AND VEHICLES,” FOR THE CITY OF WHEATON, ILLINOIS AND AN ORDINANCE AMENDING THE OFFICIAL MOTOR VEHICLE AND TRAFFIC SCHEDULES (CHAPTER 70) FOR THE CITY OF WHEATON Council Proceedings November 21, 2016 / Page 4 City Manager Dzugan stated both ordinances are on the agenda for a first reading. He indicated many of the proposed amendments primarily affect the Central Business District to improve downtown parking for customers and employees. He stated the ordinances will be placed on the December 5, 2016 City Council agenda for formal action. 9. OPTION FOR ONE YEAR EXTENSION OF SUBLEASE BETWEEN THE CITY OF WHEATON AND ROBERT LOVELAND d/b/a COMMUTER COMFORTS (COLLEGE AVENUE METRA STATION COFFEE VENDOR) City Manager Dzugan stated the City has received a request from Mr. Loveland for rent reduction in connection with his exercising an option for a one year extension on his sublease at the College Avenue Metra Station. He indicated that Mr. Loveland is requesting a rent reduction from $761.84 a month to $600 due to decreased sales due to a decline in ridership. Councilman Saline questioned if this lease is comparable to the Downtown Metra Station coffee vendor lease. Director of Planning & Economic Development Kozik stated it is comparable with regard to the terms of the lease; however, the rent at the downtown station is higher because that station is busier. He confirmed the Downtown Metra Station coffee vendor had exercised their option to renew for one year with a 3% increase. In response to Councilman Rutledge, Director of Planning & Economic Development Kozik stated Metra does not have specific figures for ridership at the Wheaton stations, but reports that from July 2015 to July 16 the number of estimated passenger trips between Zones A-E were down by 1.7%. He confirmed that the extension would be for one year and the City anticipates soliciting bids for vendors at both stations in 2018. Councilman Prendiville stated he would be willing to consider a reduction in rent, but would like to see sales figures from the vendor confirming the reduction in sales. Director of Planning & Economic Development Kozik stated he would request that information from Mr. Loveland. Councilman Scalzo indicated he would be willing to grant a small business owner some relief, which would total $2,000 for the one year extension. Councilwoman Fitch, Councilman Saline and Councilman Suess expressed their support for a reduction in rent for a one year period of time. City Manager Dzugan stated staff would prepare a resolution for the December 5, 2016 Council meeting reflecting a monthly rent of $600. 10. ADOPT RESOLUTION R-63-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF WHEATON AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150 Councilman Prendiville moved and Councilwoman Fitch seconded that Resolution R-63-16, A Resolution Authorizing the Execution of an Agreement Between the City of Wheaton and The International Union of Operating Engineers, Local 150, be adopted. City Manager Dzugan stated the resolution before the Council would authorize execution of an agreement between the City of Wheaton and Local 150 for employees in the City’s Public Works Department that would be in effect for five years. He feels the agreement is fair to both parties, and thanked both negotiating teams. He recommended approval of the resolution. Councilman Scalzo stated he is in favor of the agreement and expressed his appreciation for both sides for negotiating the terms without the need of an arbitrator. Council Proceedings November 21, 2016 / Page 5 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 11. RECEIVE STAFF REPORT RE: ZONING APPLICATION #16-23/REZONING/155 AND 165 PAGE STREET/WYNDEMERE SENIOR LIVING, LLC AND PASS ORDINANCE NO. F-1976, AN ORDINANCE GRANTING REZONING FROM THE R-1 RESIDENTIAL DISTRICT TO THE O-R OFFICE RESEARCH DISTRICT ON A CERTAIN PIECE OF PROPERTY COMMONLY KNOWN AS 155 AND 165 PAGE STREET – WYNDEMERE SENIOR LIVING, LLC Councilman Scalzo moved and Councilwoman Fitch seconded to receive the Staff Report re: Zoning Application #16-23/Rezoning/155 and 165 Page Street/Wyndemere Senior Living, LLC and that Ordinance No. F-1976, An Ordinance Granting Rezoning from the R-1 Residential District to the O-R Office Research District on a Certain Piece of Property Commonly Known as 155 And 165 Page Street – Wyndemere Senior Living, LLC, be passed. City Manager Dzugan stated that, at their November 8, 2016 meeting, the Planning & Zoning Board unanimously approved a request to rezone the property at 155 and 165 Page Street from R-1 Residential to O-R Office Research. He indicated the two existing single family dwellings located on the property would be demolished and the site would be restored to a vegetative state. He recommended receipt of the Planning & Zoning Board report and approval of the ordinance as presented. Councilman Rutledge expressed his support for the rezoning. Councilwoman Fitch indicated it is a very straight forward rezoning request as the property is surrounded by O-R zoning. 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 12. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #16- 250/TEXT AMENDMENT AND SPECIAL USE PERMIT/301 W. ROOSEVELT ROAD/THE BUTTERFLY GARDEN NFP Council Proceedings November 21, 2016 / Page 6 Councilman Rutledge moved and Councilman Prendiville seconded to receive the Planning & Zoning Board Report Re: Zoning Application #16-250/Text Amendment and Special Use Permit/301 W. Roosevelt Road/The Butterfly Garden NFP City Manager Dzugan advised staff has received a request for a text amendment and special use permit to allow a mother and infant support center which would provide temporary housing and structured support programs for young women with unplanned pregnancies on the property located at 301 W. Roosevelt Road. He stated the Planning & Zoning Board voted 5-1 to approve the request at their November 8, 2016 meeting. Mr. Joel Selvey, 618 S. Wheaton Avenue, expressed concerns about the project. Mr. Selvey feels the proposed use would be a change from the City’s Comprehensive Plan, it is not in compliance with several sections of the City’s Zoning Ordinance and he believes the proposed use would exacerbate problems he has experienced with noise and landscapers and other workers invading his property. Mr. Selvey stated setback variations have been granted previously on the property and a requirement for buffer landscaping was never installed. Mr. Greg Dose, 835 McClintock Drive, Burr Ridge, Attorney representing The Butterfly Garden believes the use would be a quieter neighbor than the former Wheaton Inn. He stated they would complete the landscaping that was not done under the previously approved use and would also increase the height of the wall with a fence up to 8 feet to provide more privacy for the neighboring residence. Mr. Dose stated they anticipate a maximum of 12 women to be in the program. He asked for approval by the City Council as he feels this is an appropriate use of the property. In response to Councilman Saline, Ms. Yvonne Florczak-Seeman, 721 S. Wilmette Avenue, Westmont, President and Founder of The Butterfly Garden, stated this would be their first location. She indicated that the program participants would be women between the ages of 18 to 26 who will need to attend college in order to participate in the program. She indicated visitors will not be allowed. Ms. Florczak-Seeman stated funding is provided by private donors and there will be no government funding. Councilman Scalzo questioned how they would handle court ordered visitation by the fathers. Ms. Florczak-Seeman stated in most instances, the father is unknown. In response to Councilman Suess, Mr. Dose stated The Butterfly Garden is a contract purchaser from TCM Properties and will own and operate the facility. Mr. Joe Mahady, 927 N. Washington Street, spoke against the project. He is concerned the City will receive no tax revenue from the property and he questioned whether the applicant will have sufficient funding to operate. He feels the City should not lose this tax money and the City is taking a risk in approving this facility. Mr. Ron Almiron, 455 W. Front Street, asked the Council to carefully consider this application from a new and unproven entity. He feels the Council should follow the Comprehensive Plan and any use should be limited to office use. Councilman Suess asked staff to respond to concerns raised by Mr. Selvey with regard to non-compliance with sections of the City’s Zoning Ordinance. Director of Planning & Economic Development Kozik stated the existing conditions of the property and building exist as the result of previously approved ordinances when the building was constructed and subsequent rezoning of the western half of the property and expansion of the kitchen area. He stated those exist as grandfathered. Council Proceedings November 21, 2016 / Page 7 Councilman Rutledge stated the market for office property has changed dramatically, resulting in reduced demand for office space believes the building will not be leased for office space in the near term. Councilman Rutledge feels Wheaton is a caring community, this is a social need that should be met and supports the project. Councilman Prendiville agrees with those comments and appreciates the applicant’s willingness to further buffer the property next door. He fully supports a non-profit doing this type of work. Councilman Scalzo feels this is a noble cause and is very much in line with the morals of Wheaton and the number of non-profits working in the community. He feels the issue of property tax is not a zoning issue. Councilman Scalzo feels that using the property is better than having it remain vacant. Mayor Gresk respects the work of the Planning & Zoning Board who voted 5-1 in favor of the project. He believes that the additional buffering should be part of any final agreement. Mayor Gresk stated he supports the project. 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 questioned if life support issues fall within the building permitting process. City Attorney Knippen confirmed those issues are evaluated during that process and necessary life safety issues will need to meet code requirements. Councilman Suess feels that the fencing and landscaping, as discussed, should be part of the approval. He also would like program participants limited to 12 plus infants. Councilman Rutledge moved and Councilman Suess seconded to direct the City Attorney to prepare an ordinance approving the request with the fencing, landscaping and participant limits included as conditions of approval. 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 Council Proceedings November 21, 2016 / Page 8 13. COUNCIL COMMENT Councilman Scalzo invited everyone to attend the Downtown Wheaton Association Holiday Lighted Parade on Friday, November 25. 14. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 692 in the amount of $1,633,685.53 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 15. ADJOURNMENT Councilman Scalzo moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 8:06 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