City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, JULY 16, 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 Vincent G. Laoang, Director of Public Works Holly A. Schulz, Director of Human Resources Austin Lewey, Special Projects Assistant Sharon Barrett-Hagen, City Clerk 2. CITIZENS TO BE HEARD None. 3. CONSENT AGENDA Councilman Rutledge moved and Councilman Suess seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the July 2, 2018 minutes of the regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-2018-63, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1492 Lloyd Court). 3. Adopt Resolution R-2018-64, A Resolution Approving Kennedy’s Plat of Consolidation (1409 S. Gables Blvd.) 4. Adopt Resolution R-2018-65, A Resolution Authorizing the Disposal of Certain Surplus Property (PD) 5. Adopt Resolution R-2018-66, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (567 Amy Lane). Council Proceedings July 16, 2018/ Page 2 6. Adopt Resolution R-2018-67, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1095 Northridge Court). 7. Approve Request and Authorize Issuance of Special Event Permit to St. Michael Catholic Church – Parish Picnic. Roll Call Vote on Consent Agenda: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 4. PASS ORDINANCE NO. O-2018-38, AN ORDINANCE AMENDING THE OFFICIAL MOTOR VEHICLE AND TRAFFIC SCHEDULES (CHAPTER 70) FOR THE CITY OF WHEATON – ALTERED SPEED ZONES Councilwoman Fitch moved and Councilman Barbier seconded that Ordinance No. O-2018-38, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton – Altered Speed Zones, be passed. City Manager Dzugan stated this ordinance was on the July 2, 2018 agenda as a first reading and would establish 25 mph speed limits on residential streets in Wheaton. He indicated staff is aligning its resources to prepare for an August 1 kick off. City Manager Dzugan anticipates it will take approximately a month for installation of new speed limit signs and stated enforcement will not occur until notice is given with the new signage. Councilwoman Fitch thanked staff for their work on this project. She stated this is just one component of making the City’s streets safer for pedestrians; another component is the new sidewalk program which endeavors to install at least one sidewalk on all City streets. She encouraged motorists to be attentive to pedestrians and suggested a pedestrian safety awareness program could be rolled out along with the new speed limits. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Council Proceedings July 16, 2018/ Page 3 5. PASS ORDINANCE NO. O-2018-39, AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6, ARTICLE III OF THE CITY CODE – INCREASE IN CLASS A (RESTAURANTS) LIQUOR LICENSE/MOVEABLE FEAST + COMPANY/112 N. HALE STREET Councilman Rutledge moved and Councilman Barbier seconded Ordinance No. O-2018-39, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6, Article III of the City Code – Increase in Class A (Restaurants) Liquor License/Moveable Feast + Company/112 N. Hale Street, be passed. City Manager Dzugan stated the Liquor Control Commission unanimously approved this new liquor license at their meeting on July 12, 2018. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 6. ADOPT RESOLUTION R-2018-68, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VISU-SEWER OF ILLINOIS, LLC FOR 2018 SANITARY SEWER MAIN REHABILITATION IN AN AMOUNT OF $109,247.50 Councilman Barbier moved and Councilman Scalzo seconded that Resolution R-2018-68, A Resolution Authorizing the Execution of an Agreement with Visu-Sewer of Illinois, LLC for 2018 Sanitary Sewer Main Rehabilitation in an amount of $109,247.50, be adopted. City Manager Dzugan stated the Procurement Officer has recommended the City enter into an agreement with Visu-Sewer of Illinois in the amount of $109,247.50 to line 2,900 linear feet of sanitary sewer mains. He indicated the 2018 budget included $100,000 with $9,000 in reserves available in the Sewer Fund for this work. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 7. ADOPT RESOLUTION NO. R-2018-69, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GO PAINTERS, INC. FOR FIRE HYDRANT SANDBLASTING AND PAINTING IN AN AMOUNT OF $56,250 OVER THREE YEARS Council Proceedings July 16, 2018/ Page 4 Councilman Scalzo moved and Councilman Barbier seconded that Resolution No. R-2018-69, A Resolution Authorizing the Execution of an Agreement with Go Painters, Inc. for Fire Hydrant Sandblasting and Painting in an Amount of $56,250 over Three Years, be adopted. City Manager Dzugan stated the Procurement Officer has recommended the City enter into an agreement with GO Painters, Inc. in an amount of $56,250, spent over the next three years, to sandblast and paint 800 fire hydrants in the City. He indicated the City would spend approximately $20,000 a year for work on 250 hydrants per year. In response to Councilman Suess, Public Works Director Laoang replied a new fire hydrant costs approximately $1,500 and the work that is being done is maintenance to prevent the hydrants from rusting out and failing. In response to Councilman Scalzo, Director Laoang advised the hydrants would be painted yellow. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 8. ADOPT RESOLUTION R-2018-70, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MICHELS CORPORATION FOR 2018 SANITARY SEWER MAIN CLEANING AND CCTV INSPECTION IN AN AMOUNT OF $18,950 Councilman Rutledge moved and Councilman Barbier seconded that Resolution R-2018-70, A Resolution Authorizing the Execution of an Agreement with Michels Corporation for 2018 Sanitary Sewer Main Cleaning and CCTV Inspection in an Amount of $18,950, be adopted. City Manager Dzugan stated the Procurement Officer has recommended the City enter into an agreement with Michels Corporation in an amount of $18,950 to clean large sanitary sewers and a 16 x 8 foot flow diversion structure City staff cannot get to. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Council Proceedings July 16, 2018/ Page 5 9. ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ABBEY PAVING & SEALCOATING CO., INC. FOR PARKING LOT IMPROVEMENTS TO LOT #8 IN THE AMOUNT OF $134,386.07 Councilman Scalzo moved and Councilman Rutledge seconded that A Resolution Authorizing the Execution of an Agreement with Abbey Paving & Sealcoating Co., Inc. for Parking Lot Improvements to Lot #8 in the Amount of $134,386.07, be adopted. City Manager Dzugan stated the Procurement Officer has recommended the City enter into an agreement with Abbey Paving & Sealcoating Co., Inc. for resurfacing Parking Lot #8. Councilman Suess questioned if the City was going to reconfigure the lot due to flooding issues. Director of Engineering Redman stated no reconfiguration is planned at this time, which is a complicated issue because the lot is located in a floodplain. In response to Councilman Suess, Director Redman stated he would provide information to the Council on the number of parking spaces affected by flooding. Councilman Rutledge feels Lot #7 floods more frequently than Lot #8. Councilman Barbier questioned if certain parking spaces could be eliminated due to flooding issues. City Manager Dzugan advised a waiver is included on leased parking permits for this lot and signage is installed on site alerting commuters to the possibility that the lot may be impacted by flooding. He stated staff would need to take a look at the number of spaces that may be removed which are impacted by flooding. Councilman Suess asked if this item could be deferred to next year in order to resolve the flooding question. Director Redman stated that he does not believe the lot would be impacted if the work was deferred to next year, but he stated staff would be able to provide information on the number of spaces affected by flooding at the next meeting. Councilman Suess indicated he would like to defer the matter to the next meeting in order to get information on how flooding impacts parking spaces. Councilman Rutledge moved and Councilman Suess seconded that this item be postponed until the next City Council meeting on August 6, 2018. The motion was unanimously approved by voice vote. 10. FIRST READING OF AN ORDINANCE PROVIDING FOR THE REGULATION OF AND APPLICATION FOR SMALL WIRELESS FACILITIES City Manager Dzugan stated the proposed ordinance appears for a first reading and was prepared in response to the Illinois Small Wireless Facilities Deployment Act approved by the state legislature. He indicated an important part of the ordinance are design standards established for these facilities. He advised City Attorney Knippen has been very involved in this matter and led a team of DuPage municipal attorneys in reviewing options for municipalities under the statute, which essentially determines fees and restrictions on height and placement within city right-of-ways that wireless providers and municipalities must follow. City Attorney Knippen advised the state statute does not apply any design standards which may lessen the impact of these facilities in residential neighborhoods which is what the proposed ordinance sets out to do. In response to Council questions, City Attorney Knippen stated the state statute regulates the height of the small wireless facilities. He expressed his belief that the proposed design standards are reasonable and enforceable under the statute. He confirmed that the state statute does not allow municipalities to prohibit these facilities in residential areas. He also does not believe the facilities will require a lot of maintenance once they are installed. Council Proceedings July 16, 2018/ Page 6 11. COUNCIL COMMENT Councilman Rutledge expressed his appreciation to members of City commissions, as well as staff, who made the Senior Women’s Golf Tournament such a wonderful event. He also announced the Native American Veterans Gathering will be held at Cantigny this weekend and encouraged everyone to attend. Councilman Suess complimented the Fine & Cultural Arts Commission on their work on the golf event. Councilman Barbier stated he was at the 12th hole and witnessed Laura Davies remarkable eagle putt. Mayor Gresk indicated there are several vacancies on various City boards and commissions and invited citizens to volunteer their time to serve. He also announced that Betsy Adamowski, Wheaton’s Library Director, was named Librarian of the Year and expressed congratulations to her on behalf of the Council and Wheaton community. 12. APPROVAL OF WARRANT Councilman Suess moved and Councilman Barbier seconded that Warrant No. 732 in the amount of $2,981,555.78 be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Prendiville Motion Carried Unanimously 13. CLOSED SESSION Councilman Rutledge moved and Councilwoman Fitch seconded that the Wheaton City Council adjourn to closed session at 7:37 p.m. for the purpose of discussing Pending Litigation 5 ILCS 120/2 (c) (11) and Personnel Evaluation 5 ILCS 120/2 (c) (1). Mayor Gresk indicated that no action would be taken after the Closed Session and announced this would conclude the broadcast portion of the meeting. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Council Proceedings July 16, 2018/ Page 7 The City Council returned to the open portion of their meeting at 8:54 p.m. 14. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:55 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Mayor Gresk Councilman Rutledge Nays: None Absent: Councilman Prendiville Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk Approved: August 6, 2018