City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, JULY 20, 2015 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 7:05 p.m. by City Clerk Sharon Barrett- Hagen. Upon roll call, the following were: Physically Present: Councilman John Prendiville Councilwoman Suzanne Fitch Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Phil Suess Absent: Mayor Michael J. Gresk City Staff Present: Donald B. Rose, City Manager Michael G. Dzugan, Assistant City Manager James Knippen, City Attorney Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Vincent Laoang, Director of Public Works Sharon Barrett-Hagen, City Clerk 2. APPOINTMENT OF MAYOR PRO TEM Councilman Prendiville moved and Councilman Rutledge seconded that Councilman Suess be appointed Mayor Pro Tem for this evening’s meeting. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: Mayor Gresk Motion Carried Unanimously 3. PRESENTATIONS None. 4. CITIZENS TO BE HEARD Mr. Joe Podlasek, Trickster Gallery, Schaumburg, encouraged everyone to attend the first National Gathering of Native Veterans at Cantigny Park on August 29 and 30th and share a part of American history not always heard. He stated additional information can be found at trickstergallery.com or on Facebook at Native Gathering 2015. Ms. Nancy Allured, 1755 S. Wiesbrook Road, invited everyone to participate in the first annual Bike Wheaton Festival held in conjunction with the Downtown Wheaton Association. She stated the festival will be held on Saturday, August 8 from 10 a.m. to 1 p.m. and will consist of a parade and many family  Council Proceedings July 20, 2015 / Page 2 activities at Memorial Park. Ms. Allured indicated more information can be found at Downtown Wheaton.com. 5. CONSENT AGENDA Councilman Saline requested that Consent Agenda New Business Item No. 5 (A Resolution Approving a Plat of Stormwater Management Easement Grant (129 West Park Avenue)) be moved to the Regular Agenda. This item became Regular Agenda New Business Item No. 7. Councilman Saline moved and Councilman Scalzo seconded that the following action be taken on the Consent Agenda items, as Amended: 1. Approve the minutes of the July 6, 2015 regular Wheaton City Council Meeting, as submitted. 2. Approve a One-Time Payment of $15,000.00 for City Manager Compensation Adjustment for the 2015-16 Fiscal Year. 3. Adopt Resolution R-41-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1130 Howard Street). 4. Adopt Resolution R-42-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (119 Triple Crown Court). 5. Adopt Resolution R-43-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (630 West Franklin Street). 6. Adopt Resolution R-44-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (Wheaton Center Apartments). Roll Call Vote on Consent Agenda, as Amended: Ayes: Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Motion Carried Unanimously 6. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE BID AWARD TO JOHN BURNS CONSTRUCTION FOR LED STREETLIGHT REPLACEMENT IN THE AMOUNT OF $863,099 Councilman Prendiville moved and Councilwoman Fitch seconded to Receive the Procurement Officer’s Recommendation and Award Bid to John Burns Construction for LED Streetlight Replacement in the Amount of $863,099. City Manager Rose indicated the LED replacement project will be completed over a two year period of time. He stated the Procurement Officer is recommending the bid for LED streetlight replacement be awarded to John Burns Construction in the amount of $407,152 for this fiscal year and $455,947 for the  Council Proceedings July 20, 2015 / Page 3 2016/17 budget, subject to City Council budget approval, totaling $863,099. City Manager Rose recommended approval of the bid award as presented. Councilman Prendiville questioned the cost savings the City would realize from the use of LED compared to the existing sodium streetlights. Director of Public Works Laoang indicated initial costs would be higher to purchase the lights and the fixtures, but savings would be realized over time. He stated he would provide the specific cost savings information to the Council. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Mayor Gresk Motion Carried Unanimously 7. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE BID AWARD TO STRAND ASSOCIATES, INC. FOR ENGINEERING SERVICES – GUARD RAILS: 4 LOCATIONS IN THE AMOUNT OF $39,250 Councilman Scalzo moved and Councilman Saline seconded to Receive the Procurement Officer’s Recommendation and Award Bid to Strand Associates, Inc. for Engineering Services – Guard Rails: 4 Locations in the Amount of $39,250. City Manager Rose stated that guard rails throughout the City are in need of replacement. He said it was determined that many of the guard rails did not meet the required standards when the City received no responses to a bid solicitation for the replacement of the guard rails. This resulted in the need for professional engineering services to assess each location and develop design plans and specifications for the guard rails. City Manager Rose recommended the bid for engineering services for guard rails at four locations be awarded to Strand Associates, Inc. in the amount of $39,250. In response to comments by Councilman Rutledge and Councilwoman Fitch regarding the cost of the engineering services, City Attorney Knippen indicated that, under Illinois law, municipalities cannot go out to bid for engineering services. In response to Councilman Rutledge, Director of Engineering Redman stated it is a complex project because it entails analyzing the grade of the land, the amount of traffic and the need to ensure that the guard rails would provide adequate safety at each location. In response to Councilman Prendiville, Director of Public Works Laoang stated the four proposed locations need immediate attention and the replacement work would be done out of the remaining $60,000 budgeted in this fiscal year. He confirmed to Councilman Scalzo that replacement of all the guard rails will be a three year project, and the City will revise future budgets to include adequate amounts for engineering services and replacement of the remaining guard rails. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch  Council Proceedings July 20, 2015 / Page 4 Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Motion Carried Unanimously 8. APPROVE AMENDMENT TO CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING FOR THE BRIARCLIFFE LAKES STUDY IN THE AMOUNT OF $31,800 Councilwoman Fitch moved and Councilman Rutledge seconded that the Amendment to Contract with Christopher B. Burke Engineering for the Briarcliffe Lakes Study in the amount of $31,800, be approved. City Manager Rose stated the City Council has reviewed a flood study report of the Briarcliffe Lakes System prepared by Christopher Burke Engineering. That study identified several tasks to be completed and concluded the most practical flood mitigation option would be to connect Lake 4 and the Windsor drainage channel with a storm sewer pipe. He stated that further study is needed, however, to determine if the downstream impacts in the Windsor channel can be overcome in an effort to make the project feasible under stormwater permitting regulations. City Manager Rose recommended the amendment to the City’s contract with Christopher B. Burke be approved to include this further work for a cost of $31,800. In response to Councilman Prendiville, Director of Engineering Redman stated that while there is no specific deadline, it is hoped this additional work will be completed as soon as possible. He indicated the second part of this project would be a home by home inspection with regard to FEMA criteria and possible grants the City may be able to obtain. Director of Engineering Redman stated he does not anticipate any problems with the Forest Preserve District regarding this project as the City has an underlying agreement with the Forest Preserve District to provide stormwater management in this area. Ms. Peggy Rasmussen, 1879 S. Briarcliffe Blvd., questioned if there were any plans to build up the berm and if there was a Plan B if this option did not move forward. Director of Engineering Redman replied that the effects of building up the berm would be minimal and a Plan B would be to explore purchasing property in this area. He stated any possible property purchases would need to meet FEMA’s cost effective requirements. Director of Engineering Redman anticipates all work under this contract to be completed by January. Mr. Gary Burge, 1733 Brentwood Lane, recognizes that projects like this require patience and he expressed his gratitude for the work the City is doing in this area. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo Nays: None Absent: Mayor Gresk Motion Carried Unanimously  Council Proceedings July 20, 2015 / Page 5 9. ADOPT RESOLUTION R-45-15, A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION OF NORTHRIDGE ESTATES RESUBDIVISION (NORTHWEST OF GARY AVENUE AND JEWELL ROAD) Councilman Scalzo moved and Councilwoman Fitch seconded that Resolution R-46-15, A Resolution Approving the Final Plat of Subdivision of Northridge Estates Resubdivision (Northwest of Gary Avenue and Jewell Road), be adopted. City Manager Rose explained that an annexation and preliminary plat of subdivision for this vacant parcel of land was approved in 2007, however, the property owner did not complete the required final plat approval following annexation of the property. He indicated the current owner of the property has presented a final plat of subdivision in accordance with the original approvals given by the City Council for development of this property. City Manager Rose recommended approval of the resolution as submitted. Councilman Prendiville questioned why the plans show a cul-de-sac rather than direct access to Gary Avenue. City Manager Rose indicated the easterly portion of the property is low lying and will be used as a detention area. He also stated that access from this subdivision would be too close to the Jewell Road/Gary Avenue intersection. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Motion Carried Unanimously 10. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE BID AWARD TO PERFORMANCE PIPELINING, INC. FOR THE SANITARY SEWER CAPACITY ASSURANCE PROGRAM: SEWER REHABILITATION AND SERVICE LATERAL REHABILITATION: PILOT II IN THE AMOUNT OF $696,900 Councilman Prendiville moved and Councilman Rutledge seconded to Receive the Procurement Officer’s Recommendation and Award Bid to Performance Pipelining, Inc. for the Sanitary Sewer Capacity Assurance Program: Sewer Rehabilitation and Service Lateral Rehabilitation: Pilot II in the Amount of $696,900. City Manager Rose stated the request before the City Council is to award a bid for additional sanitary sewer lining to reduce clear water infiltration into the sewer pipes in the Pilot II area. He recommended the Procurement Officer’s recommendation be received and the bid for sewer rehabilitation and service lateral rehabilitation in Pilot II as part of the Sanitary Sewer Capacity Assurance Program be awarded to Performance Pipelining, Inc. in the amount of $696,900. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo  Council Proceedings July 20, 2015 / Page 6 Councilwoman Fitch Nays: None Absent: Mayor Gresk Motion Carried Unanimously 11. RECEIVE PROCUREMENT OFFICER’S RECOMMENDATION AND APPROVE COOP PURCHASE IN LIEU OF STANDARD BIDDING PROCESS TO ATLANTIC MACHINERY, INC. THROUGH THE NATIONAL JOINT PURCHASING ASSOCIATION FOR ONE TV SEWER INSPECTION VEHICLE IN THE AMOUNT OF $290,071 Councilman Rutledge moved and Councilman Scalzo seconded to Receive the Procurement Officer’s Recommendation and Approve Coop Purchase In Lieu of Standard Bidding Process to Atlantic Machinery, Inc. through the National Joint Purchasing Association for one TV Sewer Inspection Vehicle in the Amount of $290,071 City Manager Rose recommended the Procurement Officer’s recommendation be received and the bid for a TV sewer inspection vehicle be awarded to Atlantic Machinery, Inc. through the National Joint Purchasing Association in the amount of $290,071. In response to Mayor Pro Tem Suess, Director of Public Works Laoang stated this vehicle should have a useful life of approximately ten years. Responding to Councilman Saline’s question, Director of Public Works Laoang indicated the time period for software support is dependent upon the vendor. He stated this piece of equipment is a critical part of the City’s sewer operation. Mr. Al Varney, 1585 Brentwood, questioned if this equipment would work in stormwater sewers. City Manager Rose indicated it would. Roll Call Vote: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Motion Carried Unanimously 12. ADOPT RESOLUTION R-46-15, A RESOLUTION APPROVING A PLAT OF STORMWATER MANAGEMENT EASEMENT GRANT (129 WEST PARK AVENUE) Councilman Scalzo moved and Councilman Saline seconded that Resolution R-46-15, A Resolution Approving a Plat of Stormwater Management Easement Grant (129 West Park Avenue), be adopted. City Manager Rose stated the property owner of 129 West Park Avenue has submitted a plat of easement request for stormwater management in conjunction with the demolition of the existing home and the construction of a new residence on the property. He stated the submitted plan conforms to the City’s stormwater regulations and he recommended approval of the request.  Council Proceedings July 20, 2015 / Page 7 Councilman Saline stated the property is located close to that portion of Main Street which has flooded in the past. He stated the City has received several complaints about new construction contributing to flooding in their neighborhood and he asked for a general explanation of how this approval process works. Director of Engineering Redman stated this property is unique in that it is located within a flood plain. Because of that, it needs to meet specific requirements, such as the grading cannot be changed once it is approved by the City, so it will not flood or adversely affect drainage. He indicated it is extremely rare to find validity to claims that new construction causes flooding on neighboring property. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Motion Carried Unanimously 13. COUNCIL COMMENT None. 14. APPROVAL OF WARRANT Councilman Scalzo moved and Councilman Rutledge seconded that Warrant No. 660 in the amount of $1,865,016.23 be approved. Roll Call Vote: Ayes: Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Motion Carried Unanimously 14. CLOSED SESSION Councilman Saline moved and Councilman Rutledge seconded that the Wheaton City Council adjourn to closed session at 7:58 p.m. for the purpose of probable litigation (5 ILCS 120/2(c)(11)). Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess  Council Proceedings July 20, 2015 / Page 8 Nays: None Absent: Mayor Gresk Motion Carried Unanimously The City Council returned to the open portion of their meeting at 8:24 p.m. 15. ADJOURNMENT Councilman Saline moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:25 p.m. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk