City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, JULY 17, 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 City Clerk Sharon Barrett- Hagen. Upon roll call, the following were: Physically Present: Councilman Michael Barbier Councilwoman Suzanne Fitch Councilman John Rutledge Councilman Todd Scalzo Councilman Phil Suess Absent: Mayor Michael J. Gresk Councilman John Prendiville City Staff Present: Michael G. Dzugan, 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 William R. Schultz, Fire Chief Sharon Barrett-Hagen, City Clerk 2. APPOINTMENT OF MAYOR PRO TEM Councilman Rutledge moved and Councilman Scalzo seconded that Councilman Suess be appointed Mayor Pro Tem for this evening’s meeting. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 3. PRESENTATION Mayor Pro Tem Suess read and presented a proclamation to Joe Podlasek, Trickster Art Gallery, in recognition of the 2017 Native American Veteran Gathering. Mr. Podlasek thanked the Council for recognizing this event. He invited everyone to come to Cantigny on July 21 – 23, 2017 for special recognition of Native American Code Talkers and all Vietnam Veterans. 4. CITIZENS TO BE HEARD None. Council Proceedings July 17, 2017/ Page 2 5. CONSENT AGENDA Councilman Scalzo moved and Councilwoman Fitch seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the July 3, 2017 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-62-17, A Resolution Authorizing the Disposal of Certain Surplus Property (PD). 3. Pass Ordinance No. F-2020, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6, Article III – Decrease in Class E (Supermarket) Liquor License/Ultra Foods/501 S. County Farm Road. 4. Approve Requests and Authorize Issuance of Special Event Permits to Downtown Wheaton Association – Annual Bike Wheaton Festival and Wheaton North High School – Homecoming Fireworks. 5. Adopt Resolution R-63-17. A Resolution Authorizing the Execution of an Agreement with Chicago Metropolitan Fire Prevention Co. for Radio Fire Alarm Monitoring Network. 6. Adopt Resolution R-64-17, A Resolution Authorizing the Execution of an Agreement with Muscat Painting and Decorating for 2017 Streetlight Pole Painting. Roll Call Vote on Consent Agenda Ayes: Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 6. PASS ORDINANCE NO. F-2021, AN ORDINANCE AUTHORIZING THE SIGNING OF AN ANNEXATION AGREEMENT – 2011 N. STODDARD AVENUE – NIELSEN Councilman Rutledge moved and Councilwoman Fitch seconded that Ordinance No. F-2021, An Ordinance Authorizing the Signing of an Annexation Agreement – 2011 N. Stoddard Avenue – Nielsen, be passed. City Manager Dzugan stated the City Council held a public hearing on July 10, 2017 to consider the annexation of the property located at 2011 N. Stoddard Avenue. The property owners plan to demolish the existing building and construct a new single-family home with a connection to City sewer and water. Approval of the annexation requires five votes of the Council. City Manager Dzugan indicated the next two items also relate to the annexation and he recommended approval of all three ordinances as presented. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Barbier Council Proceedings July 17, 2017/ Page 3 Councilwoman Fitch Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 7. PASS ORDINANCE NO. F-2022, AN ORDINANCE ANNEXING A CERTAIN PROPERTY TO THE CITY OF WHEATON, ILLINOIS – 2011 N. STODDARD AVENUE – NIELSEN Councilman Scalzo moved and Councilwoman Fitch seconded that Ordinance No. F-2022, An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – 2011 N. Stoddard Avenue – Nielsen, be passed. Roll Call Vote: Ayes: Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 8. PASS ORDINANCE NO. F-2023, AN ORDINANCE AMENDING THE WHEATON ZONING MAP ON CERTAIN PROPERTY COMMONLY KNOWN AS 2011 N. STODDARD AVENUE – NIELSEN Councilman Barbier moved and Councilman Rutledge seconded that Ordinance No. F-2023, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as 2011 N. Stoddard Avenue – Nielsen, be passed. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Councilman Scalzo Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 9. REAPPOINTMENT/APPOINTMENTS TO CITY BOARDS & COMMISSIONS Mayor Pro Tem Suess moved and Councilman Rutledge seconded that Joe McHaley be reappointed to the Library Board for a three-year term and Cecilia Horejs and Chris Dabovich be appointed to the Planning & Zoning Board, each for a five-year term. Roll Call Vote: Ayes: Mayor Pro Tem Suess Council Proceedings July 17, 2017/ Page 4 Councilman Rutledge Councilman Scalzo Councilman Barbier Councilwoman Fitch Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 10. ADOPT RESOLUTION R-65-17, A RESOLUTION APPROVING THE FINAL PLAT OF GREENWOOD ROAD RESUBDIVISION (1017 GREENWOOD ROAD) Councilwoman Fitch moved and Councilman Barbier seconded that Resolution R-65-17, A Resolution Approving the Final Plat of Greenwood Road Resubdivision (1017 Greenwood Road), be adopted. City Manager Dzugan stated final plat approval is being requested for the property at 1017 Greenwood Road. He indicated the property will be subdivided into two lots which meet the requirements of the R-3 zoning at 11,146 square feet and 11,137 square feet, respectively. City Manager Dzugan recommended adoption of the resolution as submitted. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Councilman Scalzo Councilman Barbier Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 11. APPROVE RECOMMENDATION TO PURCHASE LED CYCLONE STREETLIGHT FIXTURES FROM GRAYBAR IN THE AMOUNT OF $139,944.20 Councilman Scalzo moved and Councilman Rutledge seconded that the purchase of LED Cyclone Streetlight Fixtures from Graybar in the Amount of $139,944.20, be approved. City Manager Dzugan stated the Procurement Officer has recommended the City purchase 110 Cyclone LED streetlight fixtures from Graybar in the amount of $139,944.20. He indicated the 2017/18 budget contains $150,000 for this purchase. In addition, he reported that based on the wattage reduction, the City anticipates an approximate $10,000 rebate from the ComEd Energy Efficiency Grant Program. City Manager Dzugan recommended approval of the purchase. Roll Call Vote: Ayes: Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Nays: None Absent: Mayor Gresk Council Proceedings July 17, 2017/ Page 5 Councilman Prendiville Motion Carried Unanimously 12. PASS ORDINANCE NO. F-2024, AN ORDINANCE AMENDING CITY OF WHEATON ORDINANCE NO. E-3422, “AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A SHOPPING CENTER AND MOVIE THEATRE – DANADA FARMS EAST/RICE LAKE (WHEATON 7 JOINT VENTURE)” AND ORDINANCE NOS. E-3433, E-3607, E-3636, E-3641, E-4141, F-0061, F- 1170, F-1296, F-1371, F-1540, F-1590, F-1622 AND F-1699 Councilman Scalzo moved and Councilwoman Fitch seconded that Ordinance No. F-2024, An Ordinance Amending City of Wheaton Ordinance No. E-3422, “An Ordinance Granting a Special Use Permit for a Shopping Center and Movie Theatre – Danada Farms East/Rice Lake (Wheaton 7 Joint Venture)” and Ordinance Nos. E-3433, E-3607, E-3636, E-3641, E-4141, F-0061, F-1170, F-1296, F-1371, F-1540, F- 1590, F-1622 And F-1699, be passed. City Manager Dzugan stated the City has received a request from the Rice Lake Square Shopping Center for a PUD amendment to allow a change in the façade of the former Whole Foods and Sports Authority stores to accommodate a Pete’s Fresh Market grocery store. He recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 13. PASS ORDINANCE NO. F-2025, AN ORDINANCE AMENDING ORDINANCE F-0526, “AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A CONVENIENCE FILLING STATION FOR A PLANNED UNIT DEVELOPMENT ON A CERTAIN PIECE OF PROPERTY COMMONLY KNOWN AS THE MAIN STREET PLAZA SHOPPING CENTER – JEWEL EXPRESS” Councilman Rutledge moved and Councilman Barbier seconded that Ordinance No. F-2025, An Ordinance Amending Ordinance F-0526, “An Ordinance Granting a Special Use Permit for a Convenience Filling Station for a Planned Unit Development on a Certain Piece of Property Commonly Known as the Main Street Plaza Shopping Center – Jewel Express,” be passed. City Manager Dzugan stated the request before the Council is to amend the Main Street Shopping Center PUD for the demolition of the Jewel Express/Shell Station to allow the construction of a new 4,700 square foot Med Express facility. Similar to the previous request, the City’s Zoning Ordinance allows changes to existing PUDs without a public hearing provided the changes are in substantial conformity with the original PUD. He feels the City has a good process for these types of approvals, which allow property owners to move ahead in a timely fashion with their projects. City Manager Dzugan recommended approval of the ordinance as presented. Mr. Jarrod Mahaffey, CESO, engineering and architectural firm representing Med Express, stated they have worked with staff and the property owner for quite a while to finalize this project and he is appreciative of the assistance City staff has provided during this process. Council Proceedings July 17, 2017/ Page 6 Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 14. ADOPT RESOLUTION R-66-17, A RESOLUTION APPROVING THE FINAL PLAT OF LORETTO CLUB SUBDIVISION (LORETTO CONVENT – MARYWOOD) Councilwoman Fitch moved and Councilman Barbier seconded that Resolution R-66-17, A Resolution Approving the Final Plat of Loretto Club Subdivision (Loretto Convent – Marywood), be adopted. City Manager Dzugan stated the final plat submitted is for 48 single-family lots and conforms with the preliminary plat of subdivision approved by the Council on April 3, 2017. He recommended approval of the resolution as submitted. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Councilman Scalzo Councilman Barbier Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 15. ADOPT RESOLUTION R-67-17, A RESOLUTION APPROVING PULTE HOMES DECLARATIONS OF COVENANTS FOR THE LORETTO CLUB Councilman Rutledge moved and Councilman Scalzo seconded that Resolution R-67-17, A Resolution Approving Pulte Homes Declarations of Covenants for the Loretto Club, be adopted. City Manager Dzugan indicated the Declaration of Covenants is in conformance with the Development Agreement previously approved by the City Council and recommended adoption of the resolution as submitted. In response to Mayor Pro Tem Suess, City Attorney Knippen confirmed the Declaration of Covenants contain the same restrictions with regard to play equipment as contained in the Development Agreement. He stated any modifications that benefit the City would require Council approval. Councilman Rutledge stated he noted a formatting error at the bottom of page 20, as well as some inconsistencies with regard to calendar year/fiscal year (paragraphs 6.02 of the Declarations and 9.01 of the Operating Agreement) and the number of officers (paragraphs 5.01 and 6.03 of the Operating Agreement). City Attorney Knippen confirmed he would consider those to be technical corrections which could be clarified by Pulte Homes as they do not relate to any benefit to the City. Council Proceedings July 17, 2017/ Page 7 Councilman Rutledge and Councilman Scalzo agreed to include a condition in their motion that Pulte Homes clarify these two issues. Roll Call Vote as Amended: Ayes: Councilman Rutledge Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 16. ADOPT RESOLUTION R-68-17, A RESOLUTION APPROVING A SETTLEMENT AGREEMENT Councilman Scalzo moved and Councilman Barbier seconded that Resolution R-68-17, A Resolution Approving a Settlement Agreement, be adopted. City Manager Dzugan stated the settlement agreement relates to the property at 1313 Gary Avenue and will recoup all of the City’s cost and attorney’s fees, in the amount of $23,000, related to the City’s code enforcement effort with regard to the property. He recommended approval of the resolution as submitted. Roll Call Vote: Ayes: Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 17. COUNCIL COMMENT Mayor Pro Tem announced that the City will unveil its third honorary street sign, dedicated to Specialist Samuel T. Watts, on July 21 at 2:00 p.m. at the corner of Karlskoga Avenue and Hale Street, near the southeast entrance to Memorial Park. He invited everyone to attend this event. 18. APPROVAL OF WARRANT Councilman Scalzo moved and Councilman Rutledge seconded that Warrant No. 708 in the amount of $2,291,630.92 be approved. Roll Call Vote: Ayes: Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Councilman Rutledge Council Proceedings July 17, 2017/ Page 8 Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously 19. ADJOURNMENT Councilman Rutledge moved and Councilman Scalzo seconded that the regular Wheaton City Council Meeting be adjourned at 7:28 p.m. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Barbier Councilwoman Fitch Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Councilman Prendiville Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk