City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, MARCH 6, 2017 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 Absent: 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 Vincent G. Laoang, Director of Public Works Susan M. Wallace, Public Works Administrative Superintendent Arin Thrower, Public Information Officer Sharon Barrett-Hagen, City Clerk 2. CITY MANAGER’S REPORT City Manager Dzugan stated that the City experienced a homicide a number of weeks ago that required an extraordinary amount of effort and team work from employees in the Police Department. He expressed his appreciation for the excellent work from these individuals and acknowledged the effort performed by many other entities in cooperation with City personnel to resolve this matter. Chief Volpe stated this was a terrible tragedy which was resolved by the efforts of a number of people in the Police Department. He indicated that law enforcement officials from 20 different agencies, including the DuPage County Major Crimes Task Force, worked together non-stop to identify and arrest the perpetrator within 24 hours. Chief Volpe recognized members of the Department’s Investigative Team and expressed his appreciation for their hard work and professionalism. 3. CITIZENS TO BE HEARD None. 4. CONSENT AGENDA Councilman Rutledge moved and Councilman Scalzo seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the February 21, 2017 regular Wheaton City Council Meeting, as submitted. 2. Pass Ordinance No. F-2000, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton. Council Proceedings March 6, 2017/ Page 2 3. Approve Request for Bond Waiver and Authorize Issuance of Raffle License/Jefferson PTA. 4. Approve Requests and Authorize Issuance of Special Event Permits to Lowell Elementary School/Lowell School 5K Family Fun Run and Wheaton Park District/Fun Run in Color. 5. Receive Planning & Zoning Board Report Re: ZA #17-07/Front Yard Setback Variation/1937 Paddock Lane/Tran Construction and Pass Ordinance No. F-2001, An Ordinance Granting a Front Yard Setback Variation on a Certain Piece of Property Commonly Known as 1937 Paddock Lane – Tran Construction. 6. Receive Planning & Zoning Board Report Re: ZA #17-08/Front Yard Setback Variation/337 E. Prairie Avenue/Tran Construction and Pass Ordinance No. F-2002, An Ordinance Granting a Front Yard Setback Variation on a Certain Piece of Property Commonly Known as 337 E. Prairie Avenue – Tran Construction. 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. APPROVAL OF REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS Mayor Gresk moved and Councilman Prendiville seconded that Ed Dulaney be reappointed to the Board of Fire & Police Commissioners for a three-year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: Councilman Suess Motion Carried Unanimously 6. PASS ORDINANCE NO. F-2003, AN ORDINANCE AMENDING SECTION 26-54 “SIDEWALK CAFÉ PERMITS” OF THE WHEATON CITY CODE Councilman Scalzo moved and Councilman Saline seconded that Ordinance No. F-2003, An Ordinance Amending Section 26-54 “Sidewalk Café Permits” of the Wheaton City Code, be passed. City Manager Dzugan stated the City received a request from businesses to amend the start date for sidewalk cafés to March 1 from April 1. He indicated the proposed ordinance amendment would change the start date as requested and also eliminate language regarding measurable snow. City Manager Dzugan recommended approval of the ordinance as submitted. Council Proceedings March 6, 2017/ Page 3 Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Suess Motion Carried Unanimously Councilman Rutledge stated that due to a conflict of interest, he would recuse himself from the discussion and vote regarding Regular Agenda New Business Item #3. Councilman Rutledge left the meeting at 7:09 p.m. 7. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZA #17-03/REZONING, PLANNED UNIT DEVELOPMENT AND SUBDIVISION/616 CHILDS STREET/616 CHILDS PROPERTY LLC AND PASS ORDINANCE NO. F-2004, AN ORDINANCE GRANTING REZONING, PLANNED UNIT DEVELOPMENT AND SUBDIVISION APPROVAL OF THE PROPERTY LOCATED AT 616 CHILDS STREET – 616 CHILDS PROPERTY LLC Councilwoman Fitch moved and Councilman Prendiville seconded to Receive Planning & Zoning Board Report Re: ZA #17-03/Rezoning, Planned Unit Development and Subdivision/616 Childs Street/616 Childs Property LLC. City Manager Dzugan stated the Council has before it a memorandum from the City’s Staff Planner regarding a request for rezoning, planned unit development and subdivision for the property located at 616 Childs Street. He indicated the Planning & Zoning Board considered this request at their meeting on February 14, 2017 and recommended its approval with a 5-0 vote. City Manager Dzugan recommended that the Council receive the Planning & Zoning Board report. The motion was approved unanimously by voice vote. Mr. Mark Daniel, Daniel Law Office, representing the property owner, stated a rezoning from M-1 to C-3 is being requested for the north portion (proposed Lot 1) of the property for use as a beauty salon and tanning salon which are not allowed in the M-1 district. He stated no changes are being proposed for the existing building. Mr. Daniel indicated the proposed Lot 2 would remain as M-1 Manufacturing as a special use permit for planned unit development with the southerly most portion of Lot 2 remaining outside of the PUD and retaining its current zoning of R-4 Residential. Mr. Daniel stated the property owner has already complied with conditions of the proposed ordinance by removing tree limbs and has had the exterminator out to the property twice. He indicated the existing tenant, Mr. David Petroskey has a lease which allows outdoor storage on the site which the property owner inherited with the purchase of the property. He believes that lease will expire the end of this year. Mr. Daniel stated the storage of inoperable vehicles has been an on-going issue with Mr. Petroskey. He indicated currently there are two vehicles he would consider to be recreational vehicles on the site and both appear to be operable. Mr. Daniel indicated the property owner will work with the tenant to ensure any inoperable vehicles, as well as other items, are removed by the April 1 deadline. Mr. Keith Splitgerber, 549 W. Indiana Street, stated he submitted a petition to the City signed by 59 neighborhood residents calling for the City to permanently clean up this junk yard. He stated this was the Council Proceedings March 6, 2017/ Page 4 fourth effort by the neighbors over the last ten years requesting the City enforce its regulations. Mr. Splitgerber stated the situation is unacceptable and asked that the neighbors’ concerns with regard to rodents, removal of junk, RV and inoperable vehicle storage; and painting the rusty storage shed building be considered. Mr. Splitgerber said he and other neighbors worked with the property owner to clean out the dead trees and dead limbs from the vacant portion of the property. Councilman Prendiville questioned the terms of the lease the property owner has with the tenant. Mr. Daniel stated that, based on the aerial photographs he reviewed, this property has a long history of outdoor storage on the site, possibly going back to the 1970’s. He stated the property owner has contacted another attorney to pursue the issue of the tenant breaching the lease for non-compliance with City codes. Councilman Prendiville stated he inspected the site and met with the tenant, Mr. Petroskey, who said he is keeping many of the vehicles for sentimental reasons. Councilman Prendiville feels the landlord should have taken more action to ensure compliance with City regulations. In response to Councilman Prendiville, Mr. Daniel stated access to Sunnyside Avenue is prohibited under this ordinance. In further response to Councilman Prendiville as to why the property is not being rezoned to C-3 Commercial, Director of Planning & Economic Development stated the Planning & Zoning Board discussed that issue and felt that a M-1 PUD would provide more control on the property. He stated that outdoor storage will not be allowed outside of the 8-foot fenced area. City Attorney Knippen explained that code enforcement is usually achieved through litigation. He stated the City cannot remove operable vehicles from private property. He confirmed the Police Department has issued several tickets for removal of the inoperable vehicles, but were unable to serve many of them because of their lack of success in contacting Mr. Petroskey. Councilman Prendiville stated he believes the property owner needs to take more responsibility for the condition of the property and would like the bond amount increased to $15,000 and held by the City until January 1, 2018 to ensure any remedy remains in place. Mr. Daniel stated that the proposed $5,500 bond was sufficient to cover the cost of maintaining the landscaping, exterminator services and removal of inoperable vehicles. He assured the Council that the property owner will take action to resolve any issues under her control. He asked that the bond amount remain the same but stated it may be agreeable to his client for the City to hold the bond for a longer period of time. Councilwoman Fitch questioned why there were not additional conditions in the ordinance. Director of Planning & Economic Development Kozik stated other conditions were incorporated into the site plan, as well as Exhibit A which references the cash bond, which are part of the ordinance by reference. In further response to Councilwoman Fitch, he stated removal of the gate is included in Exhibit A. Councilman Scalzo stated he would like the ordinance to contain conditions prohibiting storage of recreational vehicles on the property and a condition that the rusty metal shed would be painted. City Attorney Knippen stated outdoor maintenance of buildings is enforceable under the City Code and confirmed it is the property owner’s responsibility to ensure the property is in compliance. Mr. Daniel stated they would rather paint the metal building within a set timeframe than have the bond increased. In response to Councilman Scalzo, Director of Planning & Economic Development Kozik stated the ordinance would prohibit any access from the southerly end of the property, regardless of the historic use of that property for access. Council Proceedings March 6, 2017/ Page 5 Councilman Prendiville moved and Councilwoman Fitch seconded to amend the ordinance to increase the cash bond or letter of credit to $15,000 and require the cash bond or letter of credit to be held by the City until January 1, 2018. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Rutledge Councilman Suess Motion Carried Unanimously Councilman Scalzo moved and Councilman Prendiville seconded to amend the amended motion to prohibit storage of recreational vehicles on the site and, if the metal pole building remains on the site, it shall be painted by October 1, 2017. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Saline Nays: None Absent: Councilman Rutledge Councilman Suess Motion Carried Unanimously Councilman Prendiville moved and Councilwoman Fitch seconded that Ordinance No. F-2004, An Ordinance Granting Rezoning, Planned Unit Development and Subdivision Approval of the Property Located at 616 Childs Street – 616 Childs Property LLC, be passed as amended. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Councilman Rutledge Councilman Suess Motion Carried Unanimously Councilman Rutledge returned to the meeting at 8:02 p.m. 8. ADOPT RESOLUTION R-13-17, A RESOLUTION AUTHORIZING THE EXECUTION OF A WEST SUBURBAN FIRE/RESCUE ALLIANCE INTERGOVERNMENTAL AGREEMENT FOR EQUIPMENT/PERSONNEL SHARING Council Proceedings March 6, 2017/ Page 6 Councilman Rutledge moved and Councilman Saline seconded that Resolution R-13-17, A Resolution Authorizing the Execution of a West Suburban Fire/Rescue Alliance Intergovernmental Agreement for Equipment/Personnel Sharing, be adopted. City Manager Dzugan stated Fire Chief Schultz has proposed that the City enter into an intergovernmental agreement with the West Suburban Fire/Rescue Alliance to allow for equipment sharing as part of our membership in the Alliance. He advised membership of the Alliance consists of Wheaton, West Chicago, Winfield, Carol Stream, Bloomingdale and Roselle. He recommended approval of the resolution as presented. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Suess Motion Carried Unanimously 9. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE PURCHASE OF COBRA HEAD LED STREETLIGHT FIXTURES Councilwoman Fitch moved and Councilman Saline seconded that the Procurement Officer’s recommendation be received and the purchase of Cobra Head LED Streetlight Fixtures from Graybar in the amount of $175,984.50, be approved. City Manager Dzugan stated that at the February 27 Planning Session staff presented the Council with an opportunity for the City to receive a grant through the Illinois Department of Commerce & Economic Opportunity to replace streetlight fixtures. He stated the City would replace 477 Cobra fixtures with LED fixtures for a total cost of $228,454 with an incentive rebate of $111,782. City Manager Dzugan recommended approval of the purchase of Cobra Head LED Streetlight Fixtures from Graybar in the amount of $175,984.50 as submitted. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilman Suess Motion Carried Unanimously 10. ADOPT RESOLUTION R-14-17, A RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT TO INSTALL COBRA LED STREETLIGHTS WITH JOHN BURNS CONSTRUCTION COMPANY FOR INSTALLATION OF LED COBRA HEAD STREETLIGHT FIXTURES Councilman Prendiville moved and Councilman Saline seconded that Resolution R-14-17, A Resolution Authorizing Execution of a Contract to Install Cobra LED Streetlights with John Burns Construction Company for Installation of LED Cobra Head Streetlight Fixtures, be adopted. Council Proceedings March 6, 2017/ Page 7 City Manager Dzugan stated this item corresponds to the previous item and would authorize a contract with John Burns Company to install the Cobra LED streetlight fixtures. He recommended approval of the resolution as presented. 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. COUNCIL COMMENT Councilman Saline reminded everyone to change their clocks for daylight savings time. 12. APPROVAL OF WARRANT Councilman Scalzo moved and Councilman Rutledge seconded that Warrant No. 699 in the amount of $465,651.18 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 13. ADJOURNMENT Councilman Rutledge moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 8:11 p.m. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Suess Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk