City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, MAY 15, 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 Councilman Michael Barbier Councilman John Prendiville Councilman John Rutledge Councilman Todd Scalzo Councilman Phil Suess Absent: Councilwoman Suzanne Fitch 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. Arin Thrower, Public Information Officer Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk presented Certificates of Excellence to the following 2017 National Merit Finalists: Sarah Gorman, Abigail Haworth, John Prendiville, Edwin (TJ) Watson (Wheaton North High School students), Elsa Barron, Jorie Budzikowski, Nathan Gorski and Nikita Joshi (Wheaton Warrenville South High School students). Also recognized as National Merit Finalists were Sarah Gorman, Abigail Haworth and Allison Li (Wheaton North High School students). Community Relations Commission Member, Reneé Webb, along with Commission members Bill Gilbertson, Gail Forrest, Ronnie Gillis, Steve Limp, Bobby McNeily, Erik Miller, and Vickie Miller presented the 2017 Good Citizen Awards to: Student Category – Melissa Kraman; Adult Category – Barbara Intihar, Jan Popp, Thomas Roderick, Mark Hannan, Joseph Grussenmeyer, Jennifer Merck, Sarah Algawerash, Salem Algawerash, Mark & Nancy Kempe and Dr. Anna Orland. Mayor Gresk read and presented a proclamation to Ms. Cheryl Weber and other members of the Wheaton Garden Club proclaiming the month of May as Monarch Butterfly Month in Wheaton. Ms. Weber thanked the Mayor for the proclamation and for recognizing the plight of the Monarch Butterfly. 3. CITIZENS TO BE HEARD Ms. Nancy Flannery, 816 W. Elm Street, reminded everyone of the various events being held during Preservation Month in Wheaton. More information is available on the Historic Commission page on the City’s website – www.wheaton.il.us. 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 May 1, 2017 regular Wheaton City Council Meeting, as submitted. Council Proceedings May 15, 2017/ Page 2 2. Adopt Resolution R-36-17, A Resolution Authorizing the Disposal of Certain Surplus Property (PD). 3. Adopt Resolution R-37-17, A Resolution Authorizing the Disposal of Certain Surplus Property (PW). 4. Adopt Resolution R-38-17, A Resolution Authorizing the Issuance of Solid Waste Collection and Disposal Licenses. 5. Pass Ordinance No. F-2010, An Ordinance Granting a Special Use Permit on a Certain Piece of Property Commonly Known as 811 N. Wheaton Avenue - Rench. 6. Adopt Resolution R-39-17. A Resolution Authorizing the Execution of an Agreement with Thomas Engineering Group, LLC for Engineering Services for Public Works Material Yard Improvements in the amount of $16,109.73. 7. Approve Request for Bond Waiver and Authorize Issuance of Raffle License/Friends of the Band, Inc. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 5. PASS ORDINANCE NO. F-2010, AN ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION); CHAPTER 18 (ANNEXATION); CHAPTER 26 (BUSINESSES); CHAPTER 58 (STREETS, SIDEWALKS AND OTHER PUBLIC PLACES); AND CHAPTER 62 (SUBDIVISIONS) OF THE WHEATON CITY CODE Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. F-2010, An Ordinance Amending Chapter 2 (Administration); Chapter 18 (Annexation); Chapter 26 (Businesses); Chapter 58 (Streets, Sidewalks and Other Public Places); and Chapter 62 (Subdivisions) of the Wheaton City Code, be passed. City Manager Dzugan stated the Council reviewed this ordinance as a first reading at their May 1, 2017 meeting. He stated the ordinance amends certain sections of the City Code relating to extra majority voting. City Manager Dzugan recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Council Proceedings May 15, 2017/ Page 3 Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 6. APPROVAL OF APPOINTMENT/REAPPOINTMENT TO CITY BOARDS AND COMMISSIONS Mayor Gresk moved and Councilman Suess seconded that Katie Doerries be appointed and Ted Rodgers be reappointed to the Group Care Home for three-year terms respectively. Roll Call Vote: Ayes: Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Councilman Barbier recused himself at 7:53 p.m. from discussion and consideration of Regular Agenda New Business Item No. 2 (A Resolution Authorizing Execution of An Intergovernmental Agreement with the County of DuPage for Gary Avenue (County Highway 23) at Jewell Road Intersection Improvements), due to a possible conflict of interest. 7. ADOPT RESOLUTION R-40-17, A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF DU PAGE FOR GARY AVENUE (COUNTY HIGHWAY 23) AT JEWELL ROAD INTERSECTION IMPROVEMENTS Councilman Scalzo moved and Councilman Prendiville seconded that Resolution R-40-17, A Resolution Authorizing Execution of An Intergovernmental Agreement with the County of DuPage for Gary Avenue (County Highway 23) at Jewell Road Intersection Improvements, be adopted. City Manager Dzugan stated the City has received federal funding for work on Gary Avenue and the resolution before the Council will authorize the execution of an intergovernmental agreement between the City and DuPage County for this work. He explained that the County will reimburse the City for its local share costs for work at this intersection. City Manager Dzugan recommended approval of the resolution as presented. Joseph Mahady of 1133 Wheaton Oaks Ct expressed his safety concerns to the Council at the intersection of Gary Avenue and Prairie. He voiced his support for a left turn lane at that location. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilman Barbier Councilwoman Fitch Council Proceedings May 15, 2017/ Page 4 Motion Carried Unanimously Councilman Barbier returned to the meeting at 7:58 p.m. 8. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZA #17-10/TEXT AMENDMENT AND SPECIAL USE PERMIT/1607 TAFT AVENUE/CARRIERS OF LIGHT City Manager Dzugan stated the Council has before it a report from the Planning & Zoning Board regarding a request for a text amendment which would permit schools to be added as a special use permit in the C-3 General Business District. He advised that if the text amendment is approved, a special use permit for the school would also need to be approved. City Manager Dzugan stated the proposed private school would serve grades pre-kindergarten through 6th grade. He stated the Planning & Zoning Board unanimously recommended against both the text amendment and the special use permit. He said that the appropriate motion would be to receive the report. Councilman Suess moved and Councilman Prendiville seconded that the Planning & Zoning Board Report Re: ZA #17-10/Text Amendment and Special Use Permit/1607 Taft Avenue/Carriers of Light, be received. The motion was unanimously approved by voice vote. Mr. Mark Daniel, 17W733 Butterfield Road, Oakbrook Terrace, an attorney representing the applicant, stated his clients currently lease space from the Wheaton Islamic Center, but decided they wanted to open their own secure space for their school. He stated he was surprised by the negative recommendation from staff, as well as from the Planning & Zoning Board for the application for a text amendment and a special use permit to allow the school to operate in the C-3 zoning district. Mr. Daniel stated his client has a memorandum of understanding with the property owners to the north at 1600 Roosevelt Road regarding shared use of the dumpster area, as well as a potential widening of the Taft Avenue entrance. He said they offered a proposal that the special use be limited by not allowing schools in C-3 districts to be on collector or arterial streets and that they be located on the opposite of areas that are 75% residential in nature. Mr. Ron LaPage, LaPage Architects, 951 W. Liberty Drive, Wheaton, stated he has inspected the building and has determined that it is a very well built building which would be appropriate for the proposed use. He does not feel there would be any problems with traffic circulation around the building. Mr. Joseph Abel, 200 Forest Avenue, Glen Ellyn, planning consultant for the applicant, believes this use is an appropriate use of the site. He stated that the City’s Zoning Ordinance allows any use in an adjacent C-4 district to be allowed in a C-3 district. Mr. Abel feels that adult day care facilities and nursery schools in C- 4 districts are similar type uses to the proposed school. He also feels that due to the limited amount of C-3 and C-4 districts, the text amendment would not affect a large number of properties within the City. Pastor Amy Aimonette, Holy Cross Lutheran Church, 802 E. Geneva Road, stated she was an advocate for the school and its teachers. She stated Carriers of Light would never consider a building that would put their students in harm’s way and feels it is good to educate children and encourage religious expression. Ms. Lora Fausett, H.O.M.E. DuPage Board of Directors Chair, 1600 E. Roosevelt Road, confirmed they have had several meetings with the applicant and have reached a workable resolution on some issues of concern. She stated she has been impressed with their willingness to improve the property. Ms. Fausett believes they will be good neighbors and totally endorses their efforts to open a school at this location. Dr. Rand Diab, 348 Tamerton Parkway, Burr Ridge, founder and current Board Member of the Carriers of Light, stated they have no affiliation with the Wheaton Islamic Center and only lease space from them. She stated they have spent four years searching for a suitable site for their school and believe they found it at this location. She said they do not plan to have more than 90 students at the school. Council Proceedings May 15, 2017/ Page 5 Ms. Anne O’Dell, Executive Director, H.O.M.E. DuPage, 1600 E. Roosevelt Road, stated she would welcome the school and feels it would be a good fit because, if approved, all the uses on this particular site would be non-profits. Councilman Rutledge expressed his great respect for staff and the Planning & Zoning Board. He feels the building on Taft is not a good location for a retail use and believes that the applicants are in a better position than the City to determine if the site and the building suits their needs. Councilman Rutledge stated the building is across the street from a residential area and there are several uses in the C-3 zoning district that are similar to this use. He stated there are not many C-3 areas in the City that would be affected by the proposed text amendment. Councilman Rutledge suggested the amendment limit this type of use to properties that are across from residential areas. He stated he came to the conclusion this is something the Council should approve. Councilman Prendiville agrees with the statements made by Councilman Rutledge and feels this is an appropriate use for the site. Councilman Suess also agrees with statements made by Councilmen Rutledge and Prendiville. He believes the proposal is a positive enhancement to the site. He stated the property is across the street from a residential area and he feels this would be a good use of the site. Councilman Barbier stated the organization seems great but expressed concerns about the driveway, as well as the 24-foot width of Taft Avenue, especially if people parked along Taft before school gets out. He feels that nursery school and other schools do differ from this proposed use. He has concerns about safety issues and would vote no on this proposal. Councilman Scalzo expressed his approval for the proposal. He believes that the Planning & Zoning Board was correct in stating this site is of a different character than what is typically in a C-3 zoning district but does not see a floodgate of this type of applications to the City as a result of any decisions made by the Council. Councilman Scalzo stated he will support it. Mayor Gresk stated he is conflicted as he has great respect for staff and the Planning & Zoning Board and the recommendations they made. He feels this is a unique situation and would have a small impact on C-3 zoning districts in the City. Mayor Gresk expressed his support for the proposed use. City Attorney Knippen indicated the correct motion to make would be to direct staff to prepare ordinances approving the text amendment and the special use permit. He stated general conditions could be included in the text amendment and specific conditions could be imposed on the special use permit. Councilman Suess is in favor of including conditions that it be contiguous to a residential use and not be located on a collector or arterial street. In response to Councilman Barbier, City Attorney Knippen indicated conditions for the special use permit could include ingress/egress restrictions, a possible mutual parking agreement with the property to the north, or restrictions on parking on Taft Avenue. Councilman Suess suggested that the special use be consistent with statements made tonight with respect to enrollment and parking. Director of Planning & Economic Development Kozik stated the traffic study reviewed site circulation and recommended the play area be enclosed. He said applicants have submitted a specific landscape plan. Council Proceedings May 15, 2017/ Page 6 In response to Councilman Barbier regarding blocking access to Taft Avenue, staff would review whether restricted Taft access would have a detrimental effect on the property to the north. Councilman Barbier recommended a shared arrangement for circulation for the entire site. In response to Councilman Prendiville, Director of Planning & Economic Development Kozik stated there would be a slight widening of the driveway off Taft. City Attorney Knippen suggested the traffic study could be incorporated as part of the special use permit. Councilman Suess moved and Councilman Prendiville seconded that staff be directed to prepare an ordinance approving the text amendment and the special use permit consistent with direction provided by Council. Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: Councilman Barbier Absent: Councilwoman Fitch Motion Carried 9. PASS AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III, “WHEATON LIQUOR ORDINANCE,” OF THE CITY CODE (INCREASE IN CLASS S (CONVENIENCE STORE) LIQUOR LICENSE/7-ELEVEN #30137/625 W. ROOSEVELT ROAD, WHEATON, IL) Mayor Gresk announced that this item is being removed from tonight’s agenda because the Liquor Control Commission was unable to meet last Thursday night due to lack of a quorum. Director of Planning & Economic Development Kozik stated they are trying to reschedule the Liquor Control Commission meeting for Thursday, May 24, 2017. Councilman Suess moved and Councilman Prendiville seconded that this item be continued to the June 5, 2017 City Council meeting. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 10. COUNCIL COMMENT None. Council Proceedings May 15, 2017/ Page 7 11. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 704 in the amount of $1,218,936.56 be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 12. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:56 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk