City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, AUGUST 7, 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 J. Gresk. Upon roll call, the following were: Physically Present: Mayor Michael J. Gresk Councilman Michael Barbier Councilwoman Suzanne Fitch Councilman John Prendiville Councilman John Rutledge Councilman Todd Scalzo Councilman Phil Suess Absent: None City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney James P. Kozik, Director of Planning & Economic Dev. Vincent G. Laoang, Director of Public Works Joseph Tebrugge, Senior Project Engineer Brandon Kowalke, Special Projects Assistant Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS None. 3. CITIZENS TO BE HEARD Ms. Nancy Flannery, 816 W. Elm Street, Chair of the Historic Commission, spoke in favor of the Council voting yes on the plans to move the House of Seven Gables. She expressed her regret that another Jarvis Hunt house, this one located on unincorporated Hawthorne Lane, will be demolished by the new property owners. Mr. Greg Cox, 214 N. Pierce, read and presented a statement expressing his concerns about electromagnetic radiation being dispersed into the air through leases with cell phone operators installing their equipment on the City’s water towers. He requested that the City cease and desist this practice which he believes is endangering residents that live in close proximity to the water towers. 4. CONSENT AGENDA Councilman Suess moved and Councilman Prendiville seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the July 10, 2017 Public Hearing and the July 17, 2017 regular Wheaton City Council Meeting, as submitted. 2. Approve Request for Bond Waiver and Authorize Issuance of Raffle License/DuPage Animal Friends. 3. Approve Procurement Officer’s Recommendation for the Purchase of Bulk Rock Salt from Detroit Salt in the Amount of $51.49/ton r $169,917 for 3,300 tons. Council Proceedings August 7, 2017/ Page 2 4. Receive Planning & Zoning Board Report Re ZA #17-17/Rear Yard Setback Variation/1111 Marcey Avenue/Garvey and Pass Ordinance No. F-2026, An Ordinance Granting a Rear Yard Setback Variation on a Certain Piece of Property Commonly Known as 1111 Marcey Avenue – Garvey. 5. Adopt Resolution R-69-17, A Resolution Authorizing the Disposal of Certain Surplus Property (PD – Abandoned Property). 6. Pass Ordinance No. F-2027, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6, Article III – Decrease in Class B (Restaurants) Liquor License/Noodles & Company/2019 S. Naperville Road. 7. Adopt Resolution R-70-17, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1480 South County Farm Road). 8. Adopt Resolution R-71-17, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (336 Brookside Circle). 9. Adopt Resolution R-72-17, A Resolution Approving a Lease Agreement between the City of Wheaton and the Wheaton Park District (430 Willow Avenue). Roll Call Vote on Consent Agenda Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 5. PASS ORDINANCE NO. F-2028, AN ORDINANCE APPROVING A PLAT OF CONSOLIDATION, AMENDING THE WHEATON ZONING MAP AND GRANTING A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT, LOTS 7 AND 8 – LORETTO CLUB SUBDIVISION - GOLDSBOROUGH Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. F-2028, An Ordinance Approving a Plat Of Consolidation, Amending the Wheaton Zoning Map and Granting a Special Use Permit for a Planned Unit Development, Lots 7 and 8 - Loretto Club Subdivision - Goldsborough, be passed. City Manager Dzugan stated the City Council held a public hearing on July 24, 2017 to consider a planned unit development which would allow the House of Seven Gables to be relocated to Lots 7 and 8 of the Loretto Club subdivision. He advised a revised ordinance has been prepared for the Council’s consideration granting the requested PUD and allowing the structure to be moved to Lots 7 and 8, as well as approving a Plat of Consolidation. City Manager Dzugan recommended approval of the revised ordinance as presented. City Attorney Knippen summarized the amendments to the ordinance, which relate to the Declaration of Covenants as it applies to the Goldsborough’s. He indicated the Declaration of Covenants has also been Council Proceedings August 7, 2017/ Page 3 revised to reflect the fact that the Goldsborough’s will remain part of the Operating Agreement. He stated that the City Council will need to approve the revised Declaration of Covenants, which he anticipates will be done at the next City Council meeting. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 6. REAPPOINTMENTSTO CITY BOARDS & COMMISSIONS Mayor Gresk moved and Councilman Rutledge seconded that Chris Ellerman be reappointed to the Housing Commission for a three-year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 7. ADOPT RESOLUTION R-73-17, A RESOLUTION APPROVING THE ESTABLISHMENT OF A WHEATON MARKED CROSSWALK POLICY Councilman Rutledge moved and Councilman Barbier seconded that Resolution R-73-17, A Resolution Approving the Establishment of a Wheaton Marked Crosswalk Policy, be adopted. City Manager Dzugan stated the Council discussed this matter at their May 8, 2017 Planning Session and confirmed the proposed resolution incorporates Council feedback provided at that meeting. City Manager Dzugan believes this policy will be an effective tool in communicating with residents and recommended adoption of the resolution as submitted. Councilman Suess agrees this will serve well as a communication tool with residents. Councilwoman Fitch feels Council concerns have been addressed in this policy. Council Proceedings August 7, 2017/ Page 4 Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 8. APPROVE RECOMMENDATION TO PURCHASE A TRUCK-MOUNTED SEWER CLEANING MACHINE FROM EJ EQUIPMENT IN THE AMOUNT OF $206,932 Councilman Prendiville moved and Councilwoman Fitch seconded that the purchase of a truck-mounted sewer cleaning machine from EJ Equipment in the amount of $206,932, be approved. City Manager Dzugan stated the Procurement Officer has recommended approval of the purchase of a truck-mounted sewer cleaning machine through the National Joint Powers Association Joint Purchase Contract from EJ Equipment in the amount of $206,932. He stated $247,200 has been budgeted for this purchase and he recommended approval of the equipment through the Joint Purchase Contract. In response to Councilman Rutledge, Director of Public Works Laoang stated this equipment included a truck chassis. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 9. ADOPT RESOLUTION R-74-17, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND DIRECTING THE CITY CLERK TO ATTEST TO A SUBLEASE AMENDMENT BETWEEN THE CITY OF WHEATON AND YONG OH d/b/a JAVA CONNECTION AND ADOPT RESOLUTION R-75-17, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND DIRECTING THE CITY CLERK TO ATTEST TO A SUBLEASE AMENDMENT BETWEEN THE CITY OF WHEATON AND ROBERT LOVELAND d/b/a COMMUTER COMFORTS Councilman Rutledge moved and Councilman Suess seconded that Resolution R-74-17, A Resolution Authorizing the Mayor to Sign and Directing the City Clerk to Attest to a Sublease Amendment Between the City of Wheaton and Yong Oh d/b/a Java Connection and Adopt Resolution R-75-17, A Resolution Authorizing the Mayor to Sign and Directing the City Clerk to Attest to a Sublease Amendment Between the City of Wheaton and Robert Loveland D/B/A Commuter Comforts, be adopted. Council Proceedings August 7, 2017/ Page 5 City Manager Dzugan indicated the two resolutions before the Council would authorize amendments to the lease agreements the City has with Java Connection and Commuter Comforts at the Wheaton train stations. He stated the amendments extend the end date for each sublease to December 31, 2020 for space at both Wheaton train stations. He recommended approval of both resolutions as submitted. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 10. PASS ORDINANCE NO. F-2029, AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – ALCOHOLIC BEVERAGES – CLASS W LICENSE – PERFORMING ARTS FACILITY Councilman Scalzo moved and Councilwoman Fitch seconded that Ordinance No. F-2029, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Class W License – Performing Arts Facility, be passed. City Manager Dzugan stated the proposed ordinance would amend the City’s Liquor Code by creating a new Class W license classification which would permit the retail sale of liquor for on-site consumption at performing arts facilities for a period of time before and during a theatrical performance. He indicated the Liquor Control Commission recommended approval of this license classification at their July 13, 2017 meeting. City Manager Dzugan recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 11. PASS ORDINANCE NO. F-2030, AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – ALCOHOLIC BEVERAGES – CLASS X LICENSE – ARTS AND CRAFTS STUDIO Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. F-2030, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Class X License – Arts and Crafts Studio, be passed. Council Proceedings August 7, 2017/ Page 6 City Manager Dzugan stated that at their July 13, 2017 meeting, the Liquor Control Commission approved another new classification of liquor license, a Class X license, which permits the retail sale for consumption by patrons participating in craft-making activities. He recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 12. FIRST READING OF AN ORDINANCE AMENDING SECTION 26-55 OF THE WHEATON CITY CODE “HOME KITCHEN AND COTTAGE FOOD OPERATIONS” City Manager Dzugan stated the proposed ordinance would amend the City Code by adding a new section permitting limited retail sale of baked goods from home kitchens. He indicated State Statutes allow this type of operation provided the jurisdictional municipality adopts an ordinance specifically allowing home kitchen operations. City Manager Dzugan stated appropriate statute provisions are referenced in the ordinance, which appears before the Council for a first reading. He advised this item will return on August 21, 2017 for formal action by the Council. 13. ADOPT RESOLUTION R-76-17, A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION OF PRAIRIE ESTATES (303 EAST PRAIRIE AVENUE) Councilwoman Fitch moved and Councilman Barbier seconded that Resolution R-76-17, A Resolution Approving the Final Plat of Subdivision of Prairie Estates (303 East Prairie Avenue), be adopted. City Manager Dzugan the preliminary plat for Prairie Estates was approved by the City Council in September 2015. He stated the final plat is in substantial conformance with the preliminary plat and recommended approval of the resolution as presented. Councilman Suess asked for an explanation of the difference between a preliminary and final plat. City Manager Dzugan stated that all required engineering design is not done at preliminary plat. Final Engineering may impact the plat, therefore, final plat approval is sought once final engineering is completed. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: None Motion Carried Unanimously Council Proceedings August 7, 2017/ Page 7 14. COUNCIL COMMENT Mayor Gresk reported that the National Council for Home Safety and Security has rated Wheaton as the 6th safest community in the nation among communities with a similar population. 15. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 709 in the amount of $1,606,468.48 be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 16. CLOSED SESSION Councilman Scalzo moved and Councilman Prendiville seconded that the Wheaton City Council adjourn to closed session at 7:28 p.m. for the purposed of discussing Land Acquisition (5 ILCS 120/2(c)(5)) and Threatened Litigation (5 ILCs 120/2(c)(11). Mayor Gresk indicated that no action would be taken after the Closed Session and announced that this would conclude the broadcast portion of the meeting. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously The City Council returned to the open portion of their meeting at 8:10 p.m. 17. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:10 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Council Proceedings August 7, 2017/ Page 8 Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk