City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, JUNE 6, 2016 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 7:03 p.m. by Mayor Michael J. Gresk. Upon roll call, the following were: Physically Present: Mayor Michael J. Gresk Councilwoman Suzanne Fitch Councilman John Prendiville Councilman John Rutledge Councilman Thor Saline 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. Vincent G. Laoang, Director of Public Works Robert R. Lehnhardt, Finance Director Sharon Barrett-Hagen, City Clerk 2. CITIZENS TO BE HEARD None. 3. 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 May 9, 2016 Public Hearing and the May 16, 2016 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-19-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (215 East Seminary Avenue). 3. Adopt Resolution R-20-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (319 West Madison Avenue). 4. Pass Ordinance No. F-1943, An Ordinance Ascertaining Prevailing Wage Rates. 5. Adopt Resolution R-21-16, A Resolution Authorizing the Disposal of Certain Surplus Property. 6. Adopt Resolution R-22-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (138 Shelley Lane). 7. Adopt Resolution R-23-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1402 East Forest Avenue). Council Proceedings June 6, 2016 / Page 2 8. Receive Planning & Zoning Board Report Re: Zoning Application #16-10/Rear Yard Setback Variation/1650 Walnut Court/Renello and Pass Ordinance No. F-1944, An Ordinance Granting a Rear Yard Setback Variation on a Certain Piece of Property Commonly Known as 1650 Walnut Court – Renello. 9. Receive the Procurement Officer’s Recommendation and Award Bid to CDW-G for Microsoft On- Premise Licensing Renewal for three years in the amount of $17,183.71 for Year 1, $21,415.93 for Year 2 and $21,950.52 for Year 3. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 4. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 74 “UTILITIES,” SECTION 74-57 “DEPOSITS OF MATERIALS WHICH MAY OBSTRUCT SEWER PROHIBITED,” OF THE WHEATON CITY CODE City Manager Dzugan stated the proposed ordinance would amend the City Code and prohibit the discharge of fats, oils and grease to the sanitary sewer system. He indicated the item appears on the agenda for a first reading and will return on the June 20, 2016 agenda for formal action. Councilman Prendiville requested that information be posted on the City’s website alerting homeowners that they could also cause problems with the City’s sanitary sewer system if they pour fats, oils or grease down the drain. 5. ADOPT RESOLUTION R-24-16, A RESOLUTION APPROVING AN INTERGOVERNMENTAL FUNDING AGREEMENT FOR THE REPAIR OF A COMMUTER FACILITY IN THE CITY OF WHEATON Councilman Prendiville moved and Councilwoman Fitch seconded that Resolution R-24-16, A Resolution Approving an Intergovernmental Funding Agreement for the Repair of a Commuter Facility in the City of Wheaton, be adopted. City Manager Dzugan stated that under the proposed intergovernmental agreement, the City of Wheaton would complete repair work on 43 fence posts along the sidewalk north of the College Avenue Train Station. Metra would reimburse the City upon completion of this work. He recommended approval of the resolution and agreement as presented. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Council Proceedings June 6, 2016 / Page 3 Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 6. APPROVE APPOINTMENTS/REAPPOINTMENTS TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Rutledge seconded that Carl Cho, Barbara Wonser and Ray Sanguinetti be reappointed to the Library Board, each for a three year term, and that Joe McHaley be appointed to the Library Board for a two year term, completing the remaining term for John Piemonte who resigned from the Board. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 7. ADOPT RESOLUTION R-25-16, A RESOLUTION AUTHORIZING THE EXECUTION OF A RECIPROCAL FUEL AGREEMENT/COUNTY OF DU PAGE Councilman Scalzo moved and Councilman Prendiville seconded that Resolution R-25-16, A Resolution Authorizing the Execution of a Reciprocal Fuel Agreement/County of DuPage, be adopted. City Manager Dzugan stated the resolution before the Council would authorize the execution of a reciprocal fuel agreement between the City of Wheaton and DuPage County which allows each entity to use each other’s fueling facilities as a backup or emergency fueling site. He recommended approval of the resolution and agreement as submitted. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: None Motion Carried Unanimously 8. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #16- 09/PUD/603 AND 611 COLLEGE AVENUE/WHEATON COLLEGE AND PASS ORDINANCE NO. F- 1945, AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (PUD) ALLOWING THE CONSTRUCTION AND USE OF AN 11,600 SQUARE Council Proceedings June 6, 2016 / Page 4 FOOT, TWO-STORY WELCOME CENTER FOR WHEATON COLLEGE ON THE PROPERTY LOCATED AT 603 AND 611 COLLEGE AVENUE – WHEATON COLLEGE Councilman Rutledge moved and Councilman Suess seconded that the Planning & Zoning Board Report Re: Zoning Application #16-09/PUD/603 and 611 College Avenue/Wheaton College be received and that Ordinance No. F-1945, An Ordinance Granting a Special Use Permit for a Planned Unit Development (PUD) Allowing the Construction and Use of an 11,600 Square Foot, Two-Story Welcome Center for Wheaton College on the Property Located at 603 and 611 College Avenue – Wheaton College, be passed. City Manager Dzugan indicated the City received an application from Wheaton College for the construction of an 11,600 square foot, two-story welcome center on the Wheaton College campus on property located at 603 and 611 College Avenue. He indicated the Planning & Zoning Board unanimously approved this request at their meeting on May 10, 2016, and he recommended the City Council’s approval. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 9. PASS ORDINANCE NO. F-1946, AN ORDINANCE AMENDING CHAPTER 6 (ALCOHOLIC BEVERAGES), ARTICLE III (RETAIL LICENSES) OF THE WHEATON CITY CODE – INCREASE IN CLASS E – CAFÉ LIQUOR LICENSE/WHOLE FOODS MARKET GROUP, INC. d/b/a WHOLE FOODS MARKET/91 DANADA SQUARE EAST Councilman Prendiville moved and Councilwoman Fitch seconded that Ordinance No. F-1946, An Ordinance Amending Chapter 6 (Alcoholic Beverages), Article III (Retail Licenses) of the Wheaton City Code – Increase in Class E – Café Liquor License/Whole Foods Market Group, Inc. d/b/a Whole Foods Market/91 Danada Square East, be passed. City Manager Dzugan stated Whole Foods will be relocating to 91 Danada Square, the former Dominick’s space, and has requested a Class E Café liquor license for their new location. He indicated the Liquor Control Commission unanimously approved this request at their meeting on May 12, 2016, and he recommended approval of the ordinance by the City Council. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously Council Proceedings June 6, 2016 / Page 5 10. PASS ORDINANCE NO. F-1947, AN ORDINANCE AMENDING ORDINANCE NOS. E-1156, F-1885 AND F-1900 “AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT FOR THE PARCEL OF PROPERTY COMMONLY CALLED THE AURORA YARDS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF” – WHEATON CENTER Councilman Scalzo moved and Councilwoman Fitch seconded that Ordinance No. F-1947, An Ordinance Amending Ordinance Nos. E-1156, F-1885 and F-1900 “An Ordinance Authorizing the Issuance of a Conditional Use Permit and Planned Development for the Parcel of Property Commonly Called the Aurora Yards and More Particularly Described in Exhibit A Attached Hereto and Made a Part Hereof” – Wheaton Center, be passed. City Manager Dzugan indicated the City received a request from the owners of Wheaton center for a PUD amendment to allow the construction of 33 additional parking spaces in four locations on their property. He stated staff has reviewed the plans and determined that the additional spaces comply with both the City’s and County’s stormwater ordinance. He recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: None Motion Carried Unanimously 11. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD A BID FOR STREAMS LAKE DREDGING TO EARTHWERKS LAND IMPROVEMENT IN THE AMOUNT OF $695,000 Councilman Scalzo moved and Councilman Rutledge seconded to Receive the Procurement Officer’s Recommendation and Award a Bid for Streams Lake Dredging to Earthwerks Land Improvement in the amount of $695,000. City Manager Dzugan stated the Council has before it a recommendation from the Procurement Officer to award a bid to remove sediment from the Streams Lakes to Earthwerks Land Improvement in an amount of $695,000. In response to Councilman Suess, City Manager Dzugan stated the Streams Lake was last dredged in 2010. Councilman Suess questioned the process to determine if the work was done correctly. Director of Engineering Redman replied that the contractor is required to provide the City with a post-dredging analysis. City Manager Dzugan stated this work has historically been performed every 8 – 10 years. He indicated the City may wish to take a more in-depth look at this process to determine if a more long-term solution exists. He confirmed this work is not funded by the Streams special service area. City Council members Prendiville and Fitch expressed their desire that this item be postponed so the City could analyze costs versus benefits of this work and perform an analysis on whether or not the area should Council Proceedings June 6, 2016 / Page 6 be allowed to revert to its natural state. Director of Engineering Redman stated this is a manmade channel and the sediment is the result of severe erosion from the steep banks up creek from this area. He indicated that, if no dredging was done, the sediment deposited could create a natural dam which may result in some flooding in the area. Director of Engineering Redman stated the City would need to hire a consultant to perform the requested analysis, which could perhaps be done in six months. City Manager Dzugan questioned if the dredging work could be delayed for up to a year to allow time for the analysis to be completed. Director of Engineering Redman stated the sediment is at the lake level and he is concerned the water level would be too high near the bridge. Mayor Gresk stated $600,000 was included in the budget for this work. He questioned if there were concerns about the silt damming up the water flow. City Engineer Redman stated there is a risk of that happening. Councilwoman Fitch moved and Councilman Prendiville seconded that award of the bid for the Streams Lake dredging be postponed until the June 20, 2016 Council meeting to allow staff to conduct an overview of options to complete the dredging work and whether there was any immediacy to dredging. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Nays: None Absent: None Motion Carried Unanimously 12. ADOPT RESOLUTION R-26-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WHEATON BANK & TRUST, INC. FOR BANKING SERVICES Councilman Suess moved and Councilman Rutledge seconded that Resolution R-26-16, A Resolution Authorizing the Execution of an Agreement With Wheaton Bank & Trust, Inc. for Banking Services, be adopted. City Manager Dzugan stated the City issued a Request for Proposal for banking services and, after analyzing the proposals received, has recommended a five year contract with Wheaton Bank & Trust, Inc. for banking services for an annual cost of $33,450. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously Council Proceedings June 6, 2016 / Page 7 13. ADOPT RESOLUTION R-27-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FOSTER & FOSTER, INC. FOR ACTUARIAL SERVICES Councilman Suess moved and Councilman Prendiville seconded that Resolution R-27-16, A Resolution Authorizing the Execution of an Agreement With Foster & Foster, Inc. for Actuarial Services, be adopted. City Manager Dzugan stated the City issued a Request for Proposal for actuarial services for the City’s Police and Fire Pension Funds. After analyzing the proposals received, staff has recommended a three year contract with Foster & Foster, Inc. for a three year total cost of $47,550. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 14. COUNCIL COMMENT Councilman Scalzo thanked the Chamber of Commerce and the Wheaton Park District for a great Taste of Wheaton event. Councilman Rutledge echoed that comment and thanked the Park District for a well organized Cosley Zoo Run for the Animals. Councilman Suess thanked the American Legion and all the groups and organizations who participated in the City’s Memorial Day Parade. 15. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 681 in the amount of $2,181,187.38 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 16. CLOSED SESSION Councilwoman Fitch moved and Councilman Rutledge seconded that the Wheaton City Council adjourn to closed session at 7:35 p.m. for the purpose of discussing Pending Litigation 5 ILCS 120/2(c)(11), Land Acquisition 5 ILCS 120/2(c)(5), and Review of Closed Session Minutes 5 ILCS 120/2(c)(21). Council Proceedings June 6, 2016 / Page 8 Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Nays: None Absent: None Motion Carried Unanimously The City Council returned to the open portion of their meeting at 8:15 p.m. 17. ADJOURNMENT Councilman Scalzo moved and Councilman Prendiville seconded that the regular Wheaton City Council Meeting be adjourned at 8:16 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: None Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk