City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, DECEMBER 7, 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 7:00 p.m. by City Clerk Sharon Barrett- Hagen. Upon roll call, the following were: Physically Present: Councilwoman Suzanne Fitch Councilman John Prendiville Councilman Thor Saline Councilman Todd Scalzo Absent: Mayor Michael J. Gresk Councilman John Rutledge Councilman Phil Suess 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. Robert R. Lehnhardt, Director of Finance Vincent G. Laoang, Director of Public Works Sharon Barrett-Hagen, City Clerk 2. APPOINTMENT OF MAYOR PRO TEM Councilman Prendiville moved and Councilman Saline seconded that Councilman Scalzo be appointed Mayor Pro Tem for this evening’s meeting. Roll Call Vote: Ayes: Councilman Prendiville Councilman Saline Councilman Scalzo Councilwoman Fitch Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously 3. PRESENTATIONS None. 4. CITIZENS TO BE HEARD Mr. Tom Grimston, 815 Stoddard, expressed congratulations to City Manager Rose on his upcoming retirement. Mr. Grimston understands that the City is proposing a tax levy increase to ensure the City has enough funds available in the future if the State does go ahead with a property tax freeze. He also understands that any increase could be abated at a later date, but feels the damage has already been done because of the lack of action on the part of State government. Council Proceedings December 7, 2015 / Page 2 5. CONSENT AGENDA City Manager Rose indicated City Attorney Knippen advised that Consent Agenda New Business Item 1 (A Resolution Authorizing the Release of Closed Session Minutes) be amended by striking the words “and to verbatim/audio record” in the last paragraph of the resolution. Councilman Prendiville moved and Councilwoman Fitch seconded to approve the amendment to Consent Agenda New Business Item 1 as stated Roll Call Vote: Ayes: Councilman Prendiville Mayor Pro Tem Scalzo Councilman Saline Councilwoman Fitch Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously Councilwoman Fitch moved and Councilman Saline seconded that the following action be taken on the Consent Agenda items as amended: 1. Approve the minutes of the November 16, 2015 regular Wheaton City Council Meeting and the minutes of the November 30, 2015 Public Hearing, as submitted. 2. Adopt Resolution R-73-15, A Resolution Authorizing the Release of Closed Session Minutes. 3. Adopt Resolution R-74-15, A Resolution Authorizing the Destruction of Audio or Video Recording of Closed Session Minutes. 4. Pass Ordinance No. F-1901, An Ordinance Amending Chapter 6, Article III (Decrease in Class P (Seasonal-French Market) Liquor License/Tasting de Vine, Wheaton, IL). 5. Adopt Resolution R-75-15, A Resolution Authorizing the Disposal of Certain Surplus Property. 6. Adopt Resolution R-76-15, A Resolution Authorizing the Disposal of Certain Surplus Property. 7. Approve Requests for Bond Waivers and Authorize Issuance of Raffle Licenses to the Wheaton Warrenville South High School Band Program and Madison Elementary School PTA. 8. Adopt Resolution R-77-15, A Resolution Accepting the As-Constructed Public Improvements for Taft Avenue East of Lorraine Road (The Fresh Market Glen Ellyn). 9. Adopt Resolution R-78-15, A Resolution Accepting the Transfer of Certain Private Utility Systems Within the Streams Unit Four Planned Unit development (Streams Condominiums No. III) to the City of Wheaton. Council Proceedings December 7, 2015 / Page 3 Roll Call Vote on Consent Agenda As Amended: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Pro Tem Scalzo Councilman Saline Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously 6. PASS ORDINANCE NO. F-1902, AN ORDINANCE AMENDING ARTICLE VIII “MINI BIKES, GO-KARTS AND SNOWMOBILES,” SECTIONS 70-541 THROUGH 70-546 OF CHAPTER 70 “TRAFFIC AND VEHICLES,” OF THE WHEATON CITY CODE Councilman Prendiville moved and Councilwoman Fitch seconded that Ordinance No. F-1902, An Ordinance Amending Article VIII “Mini Bikes, Go-Karts and Snowmobiles,” Sections 70-541 Through 70- 546 of Chapter 70 “Traffic And Vehicles,” of the Wheaton City Code, be passed. City Manager Rose stated the Council reviewed this item as a first reading at their November 16 meeting. He indicated the ordinance would update certain sections of Chapter 70 of the Wheaton City Code and he recommended approval of the ordinance as presented. Councilwoman Fitch indicated it is her understanding that ATVs, go-karts and snowmobiles will be allowed on private property or on the private property of another with written consent of that property owner and that ATVs used for landscaping or construction activities do not need the written consent of the property owner. City Attorney Knippen confirmed her understanding of the ordinance. Roll Call Vote: Ayes: Councilman Prendiville Mayor Pro Tem Scalzo Councilman Saline Councilwoman Fitch Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1903, AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – MISCELLANEOUS AMENDMENTS Councilman Saline moved and Councilwoman Fitch seconded that Ordinance No. F-1903, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Miscellaneous Amendments, be passed. City Manager Rose stated staff presented a number of modifications of the Liquor Code. These modifications were considered by the Liquor Control Commission at their November meeting and they unanimously recommended approval of the proposed revisions. City Manager Rose recommended the City Council also approve the ordinance as presented. Council Proceedings December 7, 2015 / Page 4 Roll Call Vote: Ayes: Councilman Saline Councilwoman Fitch Councilman Prendiville Mayor Pro Tem Scalzo Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously 8. PASS ORDINANCE NO. F-1904, AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – ALCOHOLIC BEVERAGES – CLASS V LICENSE – COFFEE SHOP Councilman Prendiville moved and Councilwoman Fitch seconded that Ordinance No. F-1904, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Class V License – Coffee Shop, be passed. City Manager Rose reported that the Liquor Control Commission also reviewed the creation of a new Class V liquor license at their November meeting which would allow the sale of beer and wine during specified hours at coffee shops. He stated this new license classification was requested by Starbucks for their store in Town Square. City Manager Rose indicated the Liquor Control Commission unanimously recommended approval of the new license classification and he recommended the City Council approve the ordinance as well. In response to Councilman Prendiville, Ms. Rebecca Rabin, attorney representing Starbucks, stated they serve beer and wine at 40 different locations in Illinois and have not had a single violation at any of those stores. She stated the purpose is not to create a bar but rather to increase the Starbucks experience in the evenings. Councilwoman Fitch expressed her support for the ordinance and feels the concept is a good one. Roll Call Vote: Ayes: Councilman Prendiville Mayor Pro Tem Scalzo Councilman Saline Councilwoman Fitch Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously 9. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD BID FOR CONSTRUCTION SERVICES FOR GUARDRAILS ON BEVERLY ST. SOUTH OF WILLIAMS ST. AND GUARDRAILS ON WOODLAWN ST. SOUTH OF CHILDS ST. TO MISFITS CONSTRUCTION IN THE AMOUNT OF $55,080 Councilwoman Fitch moved and Councilman Saline seconded that the Procurement Officer’s Recommendation be received and the Bid Award for Construction Services for Guardrails on Beverly St. Council Proceedings December 7, 2015 / Page 5 South of Williams St. and Guardrails on Woodlawn St. South of Childs St. to Misfits Construction in the Amount of $55,080, be approved. City Manager Rose stated an earlier solicitation for replacement of the City’s older guardrails generated no response as additional engineering specifications were needed. He indicated the low bidder to the City’s second solicitation was Misfits Construction with a bid of $55,080. He stated the cost to replace additional guardrails would be considered during budget discussions next spring. City Manager Rose recommended receipt of the Purchasing Officer’s recommendation and award of the bid to Misfits Construction in the amount of $55,080. In response to Councilman Saline, City Manager Rose stated the Purchasing Officer contacted other clients of Misfits Construction who reported they were satisfied with their work. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Pro Tem Scalzo Councilman Saline Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously 10. FIRST READING OF 2015 TAX LEVY ORDINANCES City Manager Rose stated the proposed ordinances were reviewed with the City Council at their November 23, 2015 Planning Session and several options were presented for discussion by the City Council. He indicated Option 1 would be to increase the levy by 2.4% to fund police and fire pension increases; Option 2 would be to use General Fund reserves for that purpose; Option 3 would increase the levy for the police and fire pensions plus an additional $300,000 in General Fund revenues; and Option 4 would increase the levy for police and fire pensions as well as providing an additional $500,000 in General Fund revenues. He stated the general consensus of the City Council was for Option 3. City Manager Rose indicated these ordinances appear on this evening’s agenda for a first reading and will be formally considered at the December 21, 2015 City Council meeting. Councilman Prendiville asked Finance Director Lehnhardt to explain whether the fire and police pensions were increasing or whether just the levy was increasing. Finance Director Lehnhardt responded that there is no increase in pension benefits for police officers and firemen. He stated the State of Illinois determines the benefit levels and the increase for the pensions is the result of an actuarial analysis on how much the City needs to fund the pensions in order to meet State requirements. 11. FIRST READING OF SPECIAL SERVICE AREA LEVIES AND APPROPRIATIONS City Manager Rose stated a tax levy ordinance and an appropriations ordinance for each special service area were also reviewed at the Planning Session on November 23, 2015. He stated that Special Service Area (SSA) Number Two provides for downtown parking enforcement and has a levy of $41,700; SSA Number Three relates to maintenance around lakes and open space in The Streams subdivision and has a levy of $12,000; and SSA Number Seven provides for certain promotional and management services in the Central Business District and has a levy of $86,140. City Manager Rose indicated these ordinances appear as a first reading and will be formally considered at the December 21 City Council meeting. Council Proceedings December 7, 2015 / Page 6 12. COUNCIL COMMENT Mayor Pro Tem Scalzo thanked the Council members for being there and wished the absent members well. 13. APPROVAL OF WARRANT Councilman Saline moved and Councilman Prendiville seconded that Warrant No. 669 in the amount of $5,470,144.17 be approved. Roll Call Vote: Ayes: Councilman Saline Councilwoman Fitch Councilman Prendiville Mayor Pro Tem Scalzo Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously 14. ADJOURNMENT Councilman Prendiville moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 7:31 p.m. Roll Call Vote: Ayes: Councilman Prendiville Mayor Pro Tem Scalzo Councilman Saline Councilwoman Fitch Nays: None Absent: Mayor Gresk Councilman Rutledge Councilman Suess Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk