City Council Meetings

November 5, 2018 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 Gresk Councilwoman Fitch Councilman Prendiville Councilman Rutledge Councilman Scalzo Councilman Suess Absent: Councilman Barbier City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney James Kozik, Director of Planning and Economic Development Paul G. Redman, Director of Engineering William Schultz, Fire Chief Sharon Barrett-Hagen, City Clerk 2. Presentations Mayor Gresk read and presented a proclamation to Ms. Barb Wernicke, President, Christmas Sharing of Wheaton Warrenville, proclaiming December 2 through 8, 2018 as “Christmas Sharing Week” in Wheaton. Ms. Wernicke, joined by Ms. Julie Nelligan, Ms. Shelly Kenyon and Mr. Joe Davisson, thanked the Mayor and City Council. She stated they help over 900 families in School District 200 with this program by providing food boxes, toys, and clothing at 8 participating churches. She stated additional information can be found on their website – christmas-sharing.org or on their Facebook page – Christmas Sharing of Wheaton Warrenville. 3. Citizens to Be Heard Mr. Steve Fixler, American Legion Post, announced their Veterans Day remembrance will be held on November 10 at 10:40 am in Memorial Park, with a rifle salute at 11:00 am. He stated this is the 100th anniversary of World War I. 4. Consent Agenda Councilman Suess moved and Councilman Scalzo seconded that the following action be taken on the Consent Agenda items: 1. Approve the October 15, 2018 minutes of the regular Wheaton City Council meeting and the October 22, 2018 Public Hearing minutes, as submitted. WHEATON CITY COUNCIL PROCEEDINGS November 5, 2018 2. Adopt Resolution R-2018-98, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (110 West Farnham Lane). 3. Approve Bond Waiver and Authorize Issuance of a Raffle License to Wiesbrook PTA. 4. Adopt Resolution R-2018-99, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1802 Marion Court). 5. Approve Request and Authorize Issuance of Special Event Permit to Emerson Elementary PTA – Emerson Wheaton Turkey Trot & Fun Run. Roll Call on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Barbier Motion Carried Unanimously 5. Pass Ordinance No. O-2018-60, An Ordinance Vacating Lowden Avenue/John and Susan Seminew Councilman Rutledge moved and Councilman Prendiville seconded Ordinance No. O-2018-60, An Ordinance Vacating Lowden Avenue/John and Susan Seminew, be passed. City Manager Dzugan stated a public hearing was held on October 22, 2018 on vacating a portion of Lowden Avenue, lying south of 1345S. Campbell Avenue. He stated staff provided a revised ordinance to the Council which modified the ordinance title. He indicated 5 votes are needed to pass the ordinance. Councilwoman Fitch asked if the City needed a lease agreement if a sidewalk were constructed on the vacated property. City Attorney Knippen stated an easement is retained on the plat for this purpose. Councilwoman Fitch questioned the benefit to the City to vacate this property. City Manager Dzugan indicated one benefit would be the City would not have to maintain the property. Assistant City Manager Duguay stated the property owner is considering an addition to his home and the ROW vacation would add square footage to his property. In further response to Councilwoman Fitch, Assistant City Manager Duguay stated the property owner is required to pay $5,800 to the City for the possible future sidewalk construction. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk 2 WHEATON CITY COUNCIL PROCEEDINGS November 5, 2018 Nays: None Absent: Councilman Barbier Motion Carried Unanimously 6. Pass Ordinance No. O-2018-61, An Ordinance Authorizing the Signing of an Annexation Agreement – 1407 S. Gables Boulevard – Brems and Vozza Councilman Suess moved and Councilman Rutledge seconded that Ordinance No. O-2018-61, An Ordinance Authorizing the Signing of an Annexation Agreement – 1407 S. Gables Boulevard – Brems and Vozza, be passed. City Manager Dzugan stated three ordinances are before the City Council relating to the annexation of property located at 1407 S. Gables Boulevard. He advised a public hearing was held on October 22, 2018 for the annexation of this property. He explained the petitioner plans to demolish the existing home and construct a new home which would be connected to City sewer and water. City Manager Dzugan indicated 5 votes are needed to authorize execution of the annexation agreement. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Barbier Motion Carried Unanimously 7. Pass Ordinance No. O-2018-62, An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – 1407 S. Gables Boulevard – Brems and Vozza Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance No. O-2018-62, An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – 1407 S. Gables Boulevard – Brems and Vozza, be passed. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilman Barbier Motion Carried Unanimously 8. Pass Ordinance No. O-2018-63, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as 1407 S. Gables Boulevard – Brems and Vozza 3 WHEATON CITY COUNCIL PROCEEDINGS November 5, 2018 Councilwoman Fitch moved and Councilman Suess seconded that Ordinance No. O-2018-63, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as 1407 S. Gables Boulevard – Brems and Vozza, be passed. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Nays: None Absent: Councilman Barbier Motion Carried Unanimously 9. Approve Reappointments to City Boards/Commissions Mayor Gresk moved and Councilman Rutledge seconded that Vickie Miller be reappointed to the Community Relations Commission, Steph McGrath be reappointed to the Downtown Design Review Board, both for three-year terms, and Robert Gudmundson and Mark Plunkett be reappointed to the Planning & Zoning Board, each for a five-year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Barbier Motion Carried Unanimously 10. First Reading of An Ordinance Amending Chapter 10, Article VII, Raffles of the Wheaton City Code City Manager Dzugan stated the City Council discussed revisions to the City’s raffle regulations at their October 22, 2018 Planning Session. He stated among the amendments is the addition of a maximum retail value of $200,000 which would require retail value over that amount to be approved by the City Council. City Manager Dzugan stated this ordinance appears on the agenda as a first reading, with formal action to be taken at the November 19, 2019 City Council meeting. 11. Adopt Resolution R-2018-101, A Resolution Authorizing the Execution of a Memorandum of Understanding for Fire Station Alerting System Between the Emergency Telephone System Board of DuPage County (ETSB) and the Wheaton Fire Department 4 WHEATON CITY COUNCIL PROCEEDINGS November 5, 2018 Councilman Suess moved and Councilman Scalzo seconded that Resolution R-2018-101, A Resolution Authorizing the Execution of a Memorandum of Understanding for Fire Station Alerting System Between the Emergency Telephone System Board of DuPage County (ETSB) and the Wheaton Fire Department, be adopted City Manager Dzugan stated the Fire Chief has provided a memorandum requesting the City participate in a fire station alerting system in conjunction with DuPage County. He indicated the cost of the City’s participation would not exceed $8,500 per fire station or $25,500. In response to Councilman Rutledge, City Attorney Knippen feels any liability risk to the City is extremely low. Councilman Prendiville questioned if there would be any on-going maintenance for this system. Fire Chief Schultz said the system is an electronic based system and any maintenance issues would be addressed by DuPage County. In response to Councilman Suess, Chief Schultz stated he and his staff are familiar with the system and participated in vendor demonstrations. He believes use of this system will improve the City’s response times. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Barbier Motion Carried Unanimously 12. Pass Ordinance No. O-2018-64, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Class A and I License Classifications Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. O-2018-64, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Class A and I License Classifications, be passed. City Manager Dzugan stated the Liquor Control Commission recommended approval of amendments to Chapter 6 of the City Code at their October 11, 2018 meeting. He indicated the proposed change would allow limited package sales of spirits used in specialty cocktails for customers to enjoy at home. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk 5 WHEATON CITY COUNCIL PROCEEDINGS November 5, 2018 Nays: None Absent: Councilman Barbier Motion Carried Unanimously 13. Adopt Resolution R-2018-102, A Resolution Authorizing the Mayor and City Clerk to Execute a Construction, Use, and Indemnification Agreement – Winter Vestibule - Gia Mia – 106 N. Hale Street Councilman Prendiville moved and Councilwoman Fitch seconded that Resolution R-2018-102, A Resolution Authorizing the Mayor and City Clerk to Execute a Construction, Use, and Indemnification Agreement – Winter Vestibule - Gia Mia – 106 N. Hale Street, be adopted. City Manager Dzugan stated Gia Mia has requested authorization to install a temporary winter vestibule, similar to what they have done for the past few years. Councilman Suess would prefer that this type of request be processed on an administrative level rather than coming before the Council. Councilman Rutledge has a problem with allowing them to put this structure on the public sidewalk when other restaurants must utilize internal space. He indicated he would vote no on the request. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: Councilman Rutledge Absent: Councilman Barbier Motion Carried 14. Receive Planning & Zoning Board Report Re: ZA #18-19/Text Amendment/Article 2 – Definitions, Article 3 – Zoning Districts and General Regulations, and Article 23 – Signs and Pass Ordinance No. O- 2018-65, An Ordinance Amending the Text of the Wheaton Zoning Ordinance for Perimeter Window/Linear Lighting, Obsolete Special Use Permits and Planned Unit Developments (PUD’s), and Electronic Message Board Signs Councilman Prendiville moved and Councilman Rutledge seconded that the Planning & Zoning Board Report Re: ZA #18-19/Text Amendment/Article 2 – Definitions, Article 3 – Zoning Districts and General Regulations, and Article 23 – Signs, be received and that Ordinance No. O-2018-65, An Ordinance Amending the Text of the Wheaton Zoning Ordinance for Perimeter Window/Linear Lighting, Obsolete Special Use Permits and Planned Unit Developments (PUD’s), and Electronic Message Board Signs, be passed. City Manager Dzugan stated the proposed text amendments would amend portions of the City’s Zoning Ordinance with regard to linear lighting, obsolete special use permits or PUD’s and electronic message board signs. He advised these amendments were unanimously recommended for approval by the Planning & Zoning Board at their October 23, 2018 meeting. 6 WHEATON CITY COUNCIL PROCEEDINGS November 5, 2018 In response to Councilman Suess, City Attorney Knippen believes the linear lighting prohibition can be enforced in those instances where a business may have already installed such lighting. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: Councilman Barbier Motion Carried Unanimously 15. Council Comment Councilman Scalzo thanked the Downtown Wheaton Association for another great chili cookoff. At his request, Paula Barrington, Executive Director of the DWA, reported that the Critic’s Choice award was given to Burger Social and the People’s Choice award was presented to Ivy. She indicated there were over 900 attendees at the event. City Manager Dzugan announced the first budget workshop will be held on Saturday, November 10, 2018. 16. Approval of Warrant Councilman Suess moved and Councilman Prendiville seconded that Warrant No. 739 in the amount of $2,988,833.07, be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Barbier Motion Carried Unanimously 17. Adjournment Councilman Scalzo moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 7:40 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville 7 WHEATON CITY COUNCIL PROCEEDINGS November 5, 2018 Mayor Gresk Councilman Rutledge Nays: None Absent: Councilman Barbier Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk Submitted for Approved: November 19, 2018 8