City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, NOVEMBER 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 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 Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Joseph Kreidl, Director of Building & Code Enforcement Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Mr. Jim Vroman, President of Community Unit School District 200 School Board, proclaiming November 15, 2017 as “School Board Members Day” in Wheaton. Mr. Vroman, accompanied by School Board members Jim Gambaiani and Jim Mathieson, thanked the Mayor and City Council for the proclamation. Mayor Gresk read and presented a proclamation to Ms. Barb Wernicke, President, Christmas Sharing of Wheaton Warrenville, proclaiming December 3 through 9, 2017 as “Christmas Sharing Week” in Wheaton. Ms. Wernicke, joined by Mr. Joe Davidson and Ms. Shelly Kenyon, thanked the Mayor and City Council. She stated they help over 808 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 – christmas- sharing.org or by calling 630-668-3100. 3. CITIZENS TO BE HEARD None. 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 October 16, 2017 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-112-17, A Resolution Approving a Grant of Sidewalk Easement – Waldorth Court Resubdivision. 3. Adopt Resolution R-113-17, A Resolution Approving the Plat of Loretto Club 2nd Resubdivision. Council Proceedings November 6, 2017/ Page 2 4. Adopt Resolution R-114-17, A Resolution Authorizing the Execution of an Agreement with V3 Companies of Illinois, Ltd. For Flood Prone Area Studies – 2017 Project IV. 5. Adopt Resolution R-115-17, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (558 Glendale Avenue). 6. Approve Requests and Authorize Issuance of Special Event Permits to Downtown Wheaton Association -Living Wheaton Christmas Parade and Living Wheaton Holiday Celebrations. 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-2041, AN ORDINANCE AMENDING ORDINANCE NO. F-1933, “AN ORDINANCE GRANTING A PLANNED UNIT DEVELOPMENT (PUD) ALLOWING THE CONSTRUCTION AND OPERATION OF A CONVENIENCE FILLING STATION AND CARWASH ON THE PROPERTY LOCATED AT 100 AND 110 WEST GENEVA ROAD FOLLOWING ITS CONSOLIDATION INTO ONE LOT – CIRCLE K HEARTLAND” Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. F-2041, An Ordinance Amending Ordinance No. F-1933, “An Ordinance Granting a Planned Unit Development (PUD) Allowing the Construction and Operation of a Convenience Filling Station and Carwash on the Property Located at 100 and 110 West Geneva Road Following its Consolidation into One Lot – Circle K Heartland,” be passed. City Manager Dzugan stated that at their October 16, 2017 meeting, the Council directed the preparation of an ordinance approving a PUD amendment revising the signage plan previously approved for the Circle K located at 100 W. Geneva Road. The proposed amendment would authorize the placement of two 7-foot high, 48 square foot signs at each entrance to the station. 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 Council Proceedings November 6, 2017/ Page 3 6. APPROVE APPOINTMENTS/REAPPOINTMENTS TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Suess seconded that Dottie Mackie be reappointed to the Band Commission, Laurie Oberhelman be appointed to the Fine & Cultural Arts Commission and Thomas Zullo be appointed to the Housing Commission, for three-year terms respectively. 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. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZA #17-12/PUD AMENDMENT/705 W. LIBERTY DRIVE/DU PAGE PADS Councilman Rutledge moved and Councilman Barbier seconded that the Planning & Zoning Board Report Re: ZA #17-12/PUD Amendment/705 W. Liberty Drive/Du Page Pads, be received. City Manager Dzugan stated that at their meeting on October 10, 2017, the Planning & Zoning Board unanimously approved a PUD amendment for an addition to the existing PADS day shelter located at 705 W. Liberty Drive, as well as a parking variation allowing 16 spaces rather than the required 25 spaces. . 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 Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance No. F-2042, An Ordinance Amending Ordinance No. E-4006 “An Ordinance Amending the Wheaton Zoning Map and Granting a Special Use Permit for a Planned Unit Development and a Parking Space Variation on a Certain Piece of Property Commonly Located at 705 West Liberty Drive,” be passed. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Council Proceedings November 6, 2017/ Page 4 Mayor Gresk Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 8. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 22, ARTICLE X, OF THE CODE OF ORDINANCES OF THE CITY OF WHEATON: FENCES AND FLAG POLES City Manager Dzugan stated that at the September 11, 2017 Planning Session, the Council discussed modifications to the City’s fence ordinance, primarily related to fences on corner lots where the front door faces the side yard. He stated the item appears on the agenda for a first reading and will return for formal action at the November 20, 2017 City Council meeting. City Manager Dzugan asked for Council’s direction as to whether or not it remains the Council’s intent that fences be made conforming by 2021 or if fences should be brought into conformity when they need to be replaced or when more than 25% of the fence is repaired. Councilman Rutledge stated he would be happy to be more flexible and the rest of the Council agreed with that statement. 9. FIRST READING OF AN ORDINANCE AMENDING WHEATON CITY CODE, CHAPTER 78 “VEGETATION,” BY REPLACING ARTICLE 1, SECTION 78-9 AND ARTICLES II – IV IN THEIR ENTIRETY City Manager Dzugan stated this code amendment was also discussed at the September 11, 2017 Planning Session. He stated this item appears on the agenda as a first reading and will return for formal action at a future City Council meeting. City Manager Dzugan pointed out a change in the ordinance that would allow the inspection and enforcement of hazardous trees on private property by City staff, something the City has not done in the past. Councilman Suess stated he would be supportive of this new service. Councilman Prendiville agreed and questioned the type of notice the property owner would receive. City Attorney Knippen replied that would depend on the nature of the hazard as State statute already permits City staff to enter onto private property to address trees infected with Dutch Elm disease or the Emerald Ash Borer. City Manager Dzugan stated a notice would be sent to the property owner advising the City believes there is a hazardous tree on their property and requesting permission for the City to enter onto the property to inspect the tree. In response to Councilman Barbier, City Attorney Knippen stated providing notice would not place any liability on the City since the tree is on private property. Councilwoman Fitch asked if the need to enter onto private property would only relate to tree inspections or would the need to enter onto private property to inspect also include weeds or high grass. City Manager Dzugan confirmed the inspection for weeds and high grass can usually be done by a visual inspection not needing staff to enter onto private property. Councilman Rutledge expressed concerns about an expansion of City services in times of declining revenue. City Attorney Knippen noted that the ability to address public nuisances already exists and may be an alternative approach. Council Proceedings November 6, 2017/ Page 5 Councilwoman Fitch stated she would like to see the City have the option to act with more authority than a general public nuisance clause. She feels any action taken should be up to the discretion of City staff and sufficient notice should be provided to the property owner. Councilman Prendiville and Councilman Suess agree with comments made by Councilwoman Fitch. 10. ADOPT RESOLUTION R-116-17, A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT #2 TO AGREEMENT #C 36927 WITH PRIMERA ENGINEERS, LTD. FOR DESIGN SERVICES – DOWNTOWN STREETSCAPE PHASE I Councilman Rutledge moved and Councilwoman Fitch seconded that Resolution R-116-17, A Resolution Authorizing the Execution of Amendment #2 to Agreement #C 36927 With Primera Engineers, Ltd. for Design Services – Downtown Streetscape Phase I, be adopted. City Manager Dzugan stated that at their October 9, 2017 Planning Session, the Council directed staff to pursue and develop a plan for Martin Plaza on the north side of Front Street. He stated the proposed amendment to the agreement with Primera would include that design work for an additional amount of $32,540. He indicated that amount would decrease to $28,850 if direction is provided to Primera by December 4, 2017. Councilman Suess would like to see something included in future consulting bidding and contracting provisions that would allow additional work such as this to be done without additional cost to the City. Councilman Barbier feels that this type of change order should be absorbed within the cost of the initial contract and he would vote against this proposal. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Prendiville Mayor Gresk Nays: Councilman Barbier Councilwoman Fitch Absent: None Motion Carried 11. COUNCIL COMMENT Councilman Scalzo thanked the Downtown Wheaton Association for another successful and delicious chili cook off. He congratulated Muldoons for being named “People’s Choice” and Steamboat BBQ for being named “Critic’s Choice.” Councilman Barbier stated he volunteered at the recent STEM (science, technology, engineering & math) Expo at Hubble Middle School and a great time was had by all. 12. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 715 in the amount of $2,422,967.46 be approved. Roll Call Vote: Ayes: Councilman Suess Council Proceedings November 6, 2017/ Page 6 Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 13. ADJOURNMENT Councilman Scalzo moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 7:46 p.m. 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 Respectfully submitted, Sharon Barrett-Hagen City Clerk Approved: November 20, 2017