City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, DECEMBER 5, 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 7:02 p.m. by Mayor Michael 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 (arrived at 7:06 p.m.) Absent: None City Staff Present: John M. Duguay, Assistant City Manager Brad Pollock, City Attorney Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Chad W. Michaelis, Director of Information Technology Robert R. Lehnhardt, Finance Director Vincent G. Laoang, Director of Public Works Arin Thrower, Public Information Officer Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Ms. Amanda Swanton, a senior at Wheaton North High School, who has been diagnosed with Postural Orthostatic Tachycardia Syndrome (P.O.T.S.). P.O.T.S. is a condition where a change from the supine position to an upright position causes an abnormally large increase in heart rate. Ms. Swanton established the A85 Cure Foundation to raise awareness and funds to advance research to find a cure P.O.T.S. Ms. Swanton thanked the Mayor and City Council for the proclamation. She indicated they will host their first event on December 8 and additional information can be found at A85Cure.org. Mayor Gresk read and presented a proclamation to Mr. Bob Adams, congratulating him on his upcoming retirement as President of the Midwest Shelter for Homeless Veterans and thanking him for his years of service and dedication to veterans. Mr. Adams thanked the Mayor and City Council for their support of the MSHV. 3. CITIZENS TO BE HEARD Mr. Ted Utchen, 1686 Grosvenor Circle, urged the City Council to require the Library to reinstall paper towel dispensers in the Library’s restrooms, in addition to the air dryers. Mr. Bobby McNeily, 323 E. Liberty Drive, expressed his support for preserving Wheaton’s history, along with new development. He asked that the proposed development of the Loretto Convent property be renegotiated to preserve the historic structures on the property. 4. CONSENT AGENDA Councilman Suess moved and Councilman Rutledge seconded that the following action be taken on the Consent Agenda items: Council Proceedings December 5, 2016 / Page 2 1. Approve the Minutes of the November 21, 2016 regular Wheaton City Council Meeting, as submitted. 2. Approve Request and Authorize Issuance of a Special Event Permit to the DuPage County Dr. Martin Luther King Scholarship Committee – Martin Luther King Jr. Parade. 3. Adopt Resolution R-64-16, A Resolution for Construction on State Highway. 4. Approve Request for Bond Waiver and Authorize Issuance of Raffle License/Wheaton Warrenville South High School Band Program. 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 5. ADOPT RESOLUTION R-65-16, A RESOLUTION AUTHORIZING THE EXECUTION OF ONE YEAR EXTENSION OF SUBLEASE BETWEEN THE CITY OF WHEATON AND ROBERT LOVELAND d/b/a COMMUTER COMFORTS Councilman Saline moved and Councilwoman Fitch seconded that Resolution R-65-16, A Resolution Authorizing the Execution of One Year Extension of Sublease Between the City of Wheaton And Robert Loveland d/b/a Commuter Comforts, be adopted. Assistant City Manager Duguay stated the Council reviewed and expressed support for a reduction in rent to $600 a month for one year at their meeting on November 21, 2016. He recommended approval of the resolution as presented. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 6. PASS ORDINANCE NO. F-1977, AN ORDINANCE AMENDING CHAPTER 70 OF THE WHEATON CITY CODE, “TRAFFIC AND VEHICLES,” FOR THE CITY OF WHEATON, ILLINOIS Council Proceedings December 5, 2016 / Page 3 Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance No. F-1977, An Ordinance Amending Chapter 70 of the Wheaton City Code, “Traffic and Vehicles,” for the City of Wheaton, Illinois be passed. Assistant City Manager Duguay stated this ordinance appeared on the Council’s November 21, 2016 agenda for a first reading. He stated the amendment primarily relates to the parking for employees and customers in the Downtown Business District and 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 7. PASS ORDINANCE NO. F-1978, AN ORDINANCE AMENDING THE OFFICIAL MOTOR VEHICLE AND TRAFFIC SCHEDULES (CHAPTER 70) FOR THE CITY OF WHEATON Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. F-1978, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton, be passed. Assistant City Manager Duguay indicated this ordinance was also on the November 21, 2016 City Council agenda for a first reading and is a companion ordinance to the previously approved ordinance. He stated the ordinance amends the City’s traffic schedules with regard to parking where timed and customer designated parking locations are in the Downtown Business District. Assistant City Manager Duguay recommended approval of the ordinance as presented. 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 8. PASS AN ORDINANCE AMENDING THE TEXT OF THE WHEATON ZONING ORDINANCE TO ESTABLISH “MOTHER AND INFANT SUPPORT CENTERS” AS A USE IN THE O-R ZONING DISTRICT Council Proceedings December 5, 2016 / Page 4 Councilman Prendiville moved and Councilman Saline seconded that Ordinance No. F-1979, An Ordinance Amending the Text of the Wheaton Zoning Ordinance to Establish “Mother and Infant Support Centers” as a Use in the O-R Zoning District, be passed. Assistant City Manager Duguay stated this matter was considered by the Council at their November 21, 2016 meeting. He stated the proposed ordinance would amend the text of the Zoning Ordinance to add “mother and infant support centers” as a use that would require a special use permit in the O-R zoning district. Assistant City Manager Duguay recommended approval of the ordinance as presented. Mr. Joel Selvey, 618 S. Wheaton Avenue spoke with regard to this ordinance, as well as the ordinance that would grant a special use for this project. He shared his concerns that the ordinance considers lot size rather than building size, as is done for senior housing. He expressed his disappointment that the list of requests he provided to the City were not addressed. Mr. Selvey stated he is opposed to lattice being added to the brick wall on the north side of the property. He also questioned why nothing has been mentioned regarding who will be watching the infants when their mothers are attending college. Mr. Greg Dose, 835 McClintock Drive, Burr Ridge, Attorney representing The Butterfly Garden, stated, in response to density questions, that senior housing is constructed for independent living units. He stated the addition of lattice was discussed with the Planning & Zoning Board. Mr. Dose also confirmed that they will install the landscaping that was not installed under previous approvals. Mr. Dose is of the opinion that some of Mr. Selvey’s requests, such as restricting the use of the patio to certain days and hours, are not reasonable requests. He feels The Butterfly Garden would be a less intensive use of the property than the prior Wheaton Inn. Councilman Scalzo asked about daycare when the mothers are attending class. Mr. Dose stated babysitting will be shared among the residents. He stated that because they are not a day care center, they do not require licensing from the State. In response to Councilman Scalzo, Mr. Dose stated they will take steps to reduce glare and feels the addition of the lattice will also help reduce glare onto adjacent properties. Mayor Gresk questioned whether there are existing City codes with regard to lighting. Director of Planning & Economic Development Kozik confirmed there were and that The Butterfly Garden would be required to comply with those codes. Councilman Suess stated it was his understanding that the brick wall would be extended to 8 feet. He stated the use of lattice was not mentioned during the previous City Council meeting. Councilman Suess would prefer the brick be extended. Councilwoman Fitch stated she was concerned about the statement that the facility is not a day care center because child care does need to be provided when the mothers are in class. Mr. Dose confirmed they will have a nursery and a play area for the children, but no payment will be made for babysitting services as that will be provided by the residents. Councilman Saline questioned why the floor plan only shows ten beds when they intend to have twelve in the program. Mr. Dose stated there are a total of 19 guest rooms. He stated the residents would share bedrooms which means they would only using six rooms. City Attorney Pollock questioned how child care would be provided. Mr. Dose responded it would be internally organized by the residents. Council Proceedings December 5, 2016 / Page 5 Councilman Saline asked that the Council consider continuing this matter to the next meeting. Councilman Prendiville agreed to amend his motion to continue this item to the Council’s meeting on December 19, 2016. Roll Call Vote on Amended Motion: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 9. PASS AN ORDINANCE AMENDING ORDINANCE NOS. E-2045, E-3264, F-0140, F-0791, F- 1219, AND RESOLUTION NO. R-22-07 GRANTING A SPECIAL USE PERMIT FOR A MOTHER AND INFANT CARE CENTER TO OPERATE OUT OF THE EXISTING BUILDING LOCATED AT 301 W. ROOSEVELT ROAD – THE BUTTERFLY GARDEN Councilman Prendiville moved and Councilman Saline seconded that An Ordinance Amending Ordinance Nos. E-2045, E-3264, F-0140, F-0791, F-1219, and Resolution No. R-22-07 Granting a Special Use Permit for a Mother and Infant Care Center to Operate Out of the Existing Building Located at 301 W. Roosevelt Road – The Butterfly Garden, be continued to the December 19, 2016 meeting. 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 10. ADOPT RESOLUTION R-66-16, A RESOLUTION ADOPTING AN INFORMATION SECURITY POLICY FOR THE CITY OF WHEATON Councilman Rutledge moved and Councilman Scalzo seconded that Resolution R-66-16, A Resolution Adopting an Information Security Policy for the City of Wheaton, be adopted. Assistant City Manager Duguay stated Information Security Policy before the Council was developed as a result of a risk assessment the City had completed for the City and addresses a number of federal and state regulations and standards. He stated that while the Information Technology team has done an excellent job with security for the City’s information systems, we will continue to be challenged. Assistant City Manager Duguay recommended approval of the resolution. In response to Councilman Scalzo, Director of I.T. Michaelis stated mobile device management is included in one of the program standards. Council Proceedings December 5, 2016 / Page 6 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 11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 22 “BUILDINGS AND BUILDING REGULATIONS,” SECTION 22-7(b) “OVERHEAD STORM SEWERS,” OF THE WHEATON CITY CODE Assistant City Manager Duguay stated the City has a policy requiring that all new sump pump discharges be connected to an adjacent storm sewer. He indicated the proposed ordinance would codify that policy and, if a storm sewer is not available for connection, a dry-well or other options such as rain gardens, vegetated swales or infiltration trenches, would be constructed on the property. Assistant City Manager Duguay stated the item appears on the agenda as a first reading and will be on the December 19, 2016 agenda for formal action. Councilman Prendiville questioned how this would affect our stormwater system. Director of Engineering Redman stated anything discharged into the system would add to the capacity level, but feels the ordinance would mainly deal with nuisance issues between neighbors. In response to Councilwoman Fitch, Director of Engineering Redman stated this policy has been in effect through the permitting process for the last 8 to 10 years. Councilwoman Fitch asked if new homes constructed prior to that would need to be brought into compliance. Director of Engineering Redman stated not necessarily as there are other sections of the code that dictate where surface discharges can take place. He stated staff would investigate and work to resolve any complaints received by the City. Councilman Rutledge asked if there were any mechanical concerns about sump pumps being able to pump into the system during a five-year storm event. Director of Engineering Redman advised that sump pumps have a backflow system attached that would prevent backflow into the residence. He indicated the greater concern about flooding involving sump pumps would be during a power failure. Councilman Saline questioned if dry wells have been required of new construction in the past. Director of Engineering Redman confirmed the City has been following this policy in practice for the last 8 to 10 years as part of the permitting process. He stated the ordinance would provide more enforcement teeth for resolving groundwater discharge issues. 12. FIRST READING OF 2016 PROPERTY TAX LEVY Assistant City Manager Duguay explained that the Council has previously discussed various options for the 2016 general purpose tax levy. He indicated the City Council directed staff to prepare a levy ordinance increasing the net levy amount by $311,004, a 1.6% increase from the 2015 levy. He stated that if assessed values remain the same or properties increase in assessed value at the same percentage, there would be no increase in property tax paid to the City by a property owner. Assistant City Manager Duguay stated the levy ordinance, as well as an ordinance abating the debt service, is on the agenda for a first reading. Council Proceedings December 5, 2016 / Page 7 Mr. Joe Mahady, 927 N. Washington Street, spoke in opposition of any increase in the tax levy. He stated that residents already believe taxes are too high and any increase would result in citizens moving out of Wheaton. Mr. Mahady urged the Council not to increase the levy. Councilwoman Fitch does not feel the property tax should be increased. She indicated her main concern is how to fund City services and pensions with a limited tax base. Councilwoman Fitch stated the City should consider how to add more properties to the tax rolls. She supports keeping the levy as it is. Councilman Suess is not in favor of increasing the levy. He feels the City is in a position to absorb the $311,004 amount this year. Councilman Scalzo stated the proposed levy would result in a zero tax increase for property owners and is concerned about kicking the can down the road. He feels paying our bills as we go is the right thing to do and, keeping the long-term financial stability of the City in mind, he is in favor of a zero tax increase for property owners. Councilman Suess cautioned that the City has been discussing averages with reference to the zero increase. He indicated that the discussion has centered on revenues and expenditures have not been discussed. He feels that adjustments can be made to expenditures without kicking the can down the road. Councilman Scalzo feels the Council should focus more on discussing revenues and match it to spending decisions throughout the entire year. Councilwoman Fitch agrees with that thought and to making necessary expenditure cuts throughout the year. Councilman Prendiville stated the City has raised the levy once in the last six years and feels the City has done a great job in keeping taxes down. He feels that labor and pension costs will continue to rise and decisions will need to be made on how to fund those items, as well as how to continue to provide the level of services residents desire. Councilman Prendiville also stated the City needs to consider how to fund capital improvement projects which are essential to maintain the integrity of the City’s infrastructure. He supports the increase in the levy which would avoid budget deficiencies and allow the City to continue to make capital improvements. Mayor Gresk stated it is an on-going consideration as to how to continue to provide services at the level residents expect. He stated it is a challenge for the City to maintain the high level of service for residents for 13% of the property tax bill. Councilman Rutledge understands that if the levy is not raised, the general fund budget would be reduced by a total of $800,000. He questioned if the City could reduce the general fund budget at this level and continue to provide the same levels of service. 13. FIRST READING OF SPECIAL SERVICE AREA LEVIES AND APPROPRIATIONS Assistant City Manager Duguay stated ordinances related to the 2016 levy for the three special services areas are also on the agenda for first readings. He indicated that Special Service Area (SSA) Two provides for downtown parking enforcement; SSA Three relates to maintenance in The Streams subdivision; and SSA Seven provides for promotional and management services in the Central Business District. Assistant City Manager Duguay advised that the SSA 7 levy will be increasing 29.3% and, since the increase is greater than 5%, a “Truth in Taxation” public hearing will be held on Monday, December 12. He explained this increase is the direct result of the expiration of TIF I. Council Proceedings December 5, 2016 / Page 8 14. COUNCIL COMMENT Councilman Saline encouraged everyone to attend the January 14, 2017 Martin Luther King parade. Mayor Gresk complimented Town Square for their tree lighting ceremony. He also commended the Lions Club on the Reindeer Run, which had a total of 1,200 participants this year. 15. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 693 in the amount of $744,534.63 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. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:10 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