City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, JUNE 18, 2018 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 Mayor Michael J. Gresk. Upon roll call, the following were: Physically Present: Mayor Michael J. Gresk Councilman Michael Barbier Councilwoman Suzanne Fitch Councilman John Rutledge Councilman Todd Scalzo Councilman Phil Suess Absent: Councilman John Prendiville City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. James Knippen, City Attorney James Volpe, Police Chief William Schultz, Fire Chief Vincent G. Laoang, Director of Public Works Holly A. Schulz, Director of Human Resources Colleen Lavery, Assistant Finance Director Kristopher Dunn, Stormwater Engineer Joseph Tebrugge, Senior Projects Engineer Arin Thrower, Public Information Officer Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation and championship sign to Coach Jim Winslow and team members in honor of the Class 2A State Championship win by the St. Francis Girls Soccer team. On behalf of the team, Coach Winslow thanked the Mayor and City Council for recognizing such a great team. Mayor Gresk read and presented a proclamation to Mr. Mike Dorries, current and past boy scouts of Boy Scout Troop 34, which was created in 1921. Mr. Dorries thanked the Mayor and City Council for the recognition of the contributions and accomplishments of the members of Troop 34. Mayor Gresk presented a plaque from FEMA to Paul Redman, recognizing the City’s participation in the National Flood Insurance Program Community Rating System. Director of Engineering Redman acknowledged the efforts of Joseph Tebrugge and Kristopher Dunn for their work in developing a floodplain management plan. Director Redman stated of the 66 participating communities in Illinois, only 12 rank higher than Wheaton. He indicated participation in this program will result in 10% to 20% discounts for flood insurance for Wheaton residents. City Manager Dzugan presented retiring Chief Volpe with a Police Department photo and thanked Chief Volpe for his 35 years of service to the City and for the leadership he provided to the Department while serving as Chief of Police. He stated at his core, Chief Volpe is and continues to be an exemplary police Council Proceedings June 18, 2018/ Page 2 officer. On behalf of the City, City Manager Dzugan wished Chief Volpe well in his new position at the Suburban Law Enforcement Academy preparing new recruits for careers as police officers. Chief Volpe expressed his gratitude to the City, the Police Department and Wheaton community for the support given to him during his years in the Wheaton Police Department. 3. CITIZENS TO BE HEARD None. 4 CONSENT AGENDA Councilman Rutledge requested that Consent Agenda New Business Item #6, An Ordinance Ascertaining Prevailing Wage Rates, be removed from the Consent Agenda. This item will be renumbered as Regular Agenda New Business Item #8. Councilman Rutledge moved and Councilman Barbier seconded that the following action be taken on the Consent Agenda items, as amended: 1. Approve the Minutes of the May 29, 2018 Public Hearing and the June 4, 2018 minutes of the regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-2018-51, A Resolution Authorizing the Issuance of Solid Waste Collection and Disposal Licenses. 3. Approve Requests and Authorize Issuance of Special Event Permits to the Downtown Wheaton Association – Summer Sidewalk Sale, Wheaton Wine Walk – Red & White and 4th Annual Bike Wheaton Festival. 4. Adopt Resolution R-2018-52, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (610 North Gary Avenue). 5. Adopt Resolution R-2018-53, A Resolution Authorizing the Disposal of Certain Surplus Property (PW). 6. Adopt Resolution R-2018-54, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1638 Prospect Street). Roll Call Vote on Consent Agenda as Amended Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 5. ADOPT RESOLUTION R-2018-55, A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT #2 OF AGREEMENT #c36898 BETWEEN THE CITY OF WHEATON, ILLINOIS AND LAKESHORE RECYCLING SYSTEMS, LLC FOR SOLID WASTE COLLECTION AND DISPOSAL AND RECYCLING SERVICES Council Proceedings June 18, 2018/ Page 3 Councilman Scalzo moved and Councilwoman Fitch seconded that Resolution R-2018-55, A Resolution Authorizing the Execution of Amendment #2 of Agreement #C36898 Between the City of Wheaton, Illinois and Lakeshore Recycling Systems, LLC For Solid Waste Collection and Disposal and Recycling Services, be adopted. City Manager Dzugan stated the second amendment to the City’s contract with Lakeshore Recycling Systems would eliminate Wednesday collections by moving those customers to Monday, Tuesday, Thursday and/or Friday, anticipated to start the week of July 9. He advised the lower than anticipated set- out rates have created challenges for Lakeshore and the amendment would enable efficiencies in collections. City Manager Dzugan stated Lakeshore has agreed to hold Year 2 pricing for Year 3. Mr. Bill Kenney, Lakeshore Recycling, requested that the effective date for the change in collection days be delayed to the first week in September to enable Lakeshore more time to notify residents of the change. Councilman Rutledge moved and Councilman Scalzo seconded that the Amendment #2 of Agreement #C36898 be amended to reflect a termination date for Wednesday collection to be effective September 1, 2018. Roll Call Vote on Revised Amendment: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Roll Call Vote on Motion to Approve Amendment #2, as Amended: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 6. RECEIVE PLANNING & ZONING REPORT RE: ZA #18-07/PUD AMENDMENT/104 AND 110 W. FARNHAM LANE AND REFER TO CITY ATTORNEY FOR ORDINANCE PREPARATION Councilman Suess moved and Councilwoman Fitch seconded to receive Planning & Zoning Report Re: ZA #18-07/PUD Amendment/104 and 110 W. Farnham Lane. City Manager Dzugan stated applicant is requesting a PUD amendment for property at 104 and 110 W. Farnham Lane to allow for two separate driveways to access two single-family homes. He explained previously the City had approved the construction of two homes on one lot with a requirement for one Council Proceedings June 18, 2018/ Page 4 driveway. He indicated the Planning & Zoning Board unanimously recommended approval of the PUD amendment at their meeting on June 12, 2018. Mr. Scott Pointner, 300 E. Roosevelt Road, stated he has had extensive discussions with the two neighbors who had objected and feels he is close to reaching an agreement with certain restrictive covenants affecting the property. In response to Councilman Suess, City Attorney Knippen confirmed the City does not have a duty to enforce private covenants. He also indicated that private covenants do not freeze the ability of the City to approve an ordinance amendment. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Councilman Suess moved and Councilman Rutledge seconded to refer the matter to the City Attorney for Ordinance Preparation Approving the Request. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 7. RECEIVE APPLICATIONS AND AUTHORIZE ISSUANCE OF OUTDOOR SPECIAL EVENT LIQUOR LICENSES TO THE DOWNTOWN WHEATON ASSOCIATION FOR THE WHEATON WINE WALK AND THE DUPAGE COUNTY FAIR ASSOCIATION FOR AN ARTISAN FOOD FESTIVAL AND AN INDIA FEST Councilman Rutledge moved and Councilman Suess seconded to receive the applications and authorize Issuance of Outdoor Special Event Liquor Licenses to the Downtown Wheaton Association for the Wheaton Wine Walk and the DuPage County Fair Association for an Artisan Food Festival, an India Fest and the DuPage County Fair. City Manager Dzugan stated the Liquor Control Commission reviewed and unanimously approved the issuance of outdoor special event liquor licenses to the Downtown Wheaton Association and the DuPage County Fair Association. Council Proceedings June 18, 2018/ Page 5 Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 8. AUTHORIZE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT FROM AIR ONE EQUIPMENT, INC. IN THE AMOUNT OF $199,650 Councilman Suess moved and Councilwoman Fitch seconded that the Purchase of Self-Contained Breathing Apparatus Equipment from Air One Equipment, Inc. in the Amount of $199,650, be authorized. City Manager Dzugan stated the Procurement Officer has recommended the City replace the Fire Department’s self-contained breathing apparatus equipment from sole provider Air One Equipment in the amount of $199,650. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 9. ADOPT RESOLUTION R-2018-56, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH A. LAMP CONCRETE CONTRACTORS, INC. FOR PUBLIC WORKS MATERIAL YARD IMPROVEMENTS – PHASE II IN THE AMOUNT OF $229,567.20 Councilman Suess moved and Councilman Rutledge seconded that Resolution R-2018-56, A Resolution Authorizing the Execution of an Agreement with A. Lamp Concrete Contractors, Inc. for Public Works Material Yard Improvements – Phase II in the Amount of $229,567.20, be adopted. City Manager Dzugan stated the Procurement Officer has recommended the City enter into an agreement with A. Lamp Concrete Contractors, Inc. for Phase II of the Public Works Material Yard Improvements in the amount of $229,567.20. He stated this work was included in the SY 2018 budget. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Council Proceedings June 18, 2018/ Page 6 Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 10. PASS ORDINANCE NO. O-2018-34, AN ORDINANCE PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2018A IN AN AGGREGATE AMOUNT NOT TO EXCEED $10,000,000, OF THE CITY OF WHEATON, DUPAGE COUNTY, ILLINOIS, TO PROVIDE FOR CERTAIN CAPITAL IMPROVEMENTS WITHIN SAID CITY, AND PROVIDING FOR THE LEVY OF A DIRECT ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS, AND AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF Councilman Suess moved and Councilman Scalzo seconded that Ordinance No. O-2018-34, An Ordinance Providing for the Issuance of General Obligation Bonds, Series 2018A in an Aggregate Amount not to Exceed $10,000,000, of the City of Wheaton, DuPage County, Illinois, to Provide for Certain Capital Improvements Within Said City, and Providing for the Levy of a Direct Annual Tax Sufficient to Pay the Principal of and Interest on Said Bonds, and Authorizing the Sale of Said Bonds to the Purchaser Thereof, be passed. City Manager Dzugan stated the ordinance provides for the levy of taxes to pay the bonds in an amount not to exceed $10MM for the purpose of funding streetscape work and other capital improvements. He indicated the ordinance provides for a maximum maturity date of 12/1/2032, authorization to sell the bonds of November 1, 2018 with a maximum interest rate of 5.00%. City Manager Dzugan stated the ordinance provides designated officials to sign the bonds which include the Mayor, any council member, city manager, or finance director, provided one of the signatories must be an elected official, and the method of sale is direct placement with a financial institution. In response to questions by Councilman Suess, Ms. Maureen Barry, Ehlers-Inc., advised the maturity date of 2032 was selected to keep the levy at the current $3.2MM level, but it is a parameter bond ordinance giving flexibility with provisions such as the maturity date could be for a shorter term. In response to Councilman Rutledge, Ms. Barry confirmed that Hutchinson, Shockey is one of the underwriters in the area and they have no relation to Ehlers. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 11. ADOPT RESOLUTION R-2018-57, A RESOLUTION TO ADOPT DUPAGE COUNTY NATURAL HAZARDS MITIGATION PLAN Councilman Rutledge moved and Councilwoman Fitch seconded that Resolution R-2018-57, A Resolution to Adopt DuPage County Natural Hazards Mitigation Plan, be adopted. Council Proceedings June 18, 2018/ Page 7 City Manager Dzugan stated the City adopted this plan a few years ago and the resolution before the Council would adopt the County’s revised plan. In response to Councilman Suess, Public Works Director Laoang stated adoption of the plan allows the City to have access to federal funding for pre and post disaster planning in coordination with DuPage County. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 12. PASS ORDINANCE NO. 0-2018-35, AN ORDINANCE ASCERTAINING PREVAILING WAGE RATES Councilwoman Fitch moved and Councilman Barbier seconded that Ordinance No. 0-2018-35, An Ordinance Ascertaining Prevailing Wage Rates, be passed. City Manager Dzugan stated the ordinance before the Council would adopt the Illinois Department of Labor’s prevailing wage rates. Councilman Rutledge questioned if the City was required to pass such an ordinance. City Attorney Knippen stated that municipalities are required to adopt the state developed prevailing wage rates for any projects that use public funds, which can be a substantial expense to units of government statewide. In addition, governmental agencies are required to maintain records and file their adopting ordinances with the Illinois Department of Labor by July 1 of each year. He advised that any agency that fails to follow the act would be guilty of a Class A misdemeanor and could be subject to 364 days in jail or fines of up to $1,000. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 13 COUNCIL COMMENT None. 14. APPROVAL OF WARRANT Councilman Suess moved and Councilman Barbier seconded that Warrant No. 730 in the amount of $3,202,943.81 be approved. Council Proceedings June 18, 2018/ Page 8 Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 15. CLOSED SESSION Councilwoman Fitch moved and Councilman Rutledge seconded that the Wheaton City Council adjourn to closed session at 7:44 p.m. for the purpose of discussing Collective Bargaining 5 ILCS 120/2(c) (2) and to conduct a Review of Closed Session Minutes 5 ILCS 120/2(c) (21). Mayor Gresk indicated that no action would be taken after the Closed Session and announced that this would conclude the broadcast portion of the meeting. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: Councilman Prendiville Motion Carried Unanimously The City Council returned to the open portion of their meeting at 8:39 p.m. 16. ADJOURNMENT Councilman Scalzo moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 8:39 p.m. The meeting was adjourned by unanimous voice vote. Respectfully submitted, Sharon Barrett-Hagen City Clerk Approved: July 2, 2018