City Council Meetings

October 15, 2018 1. Call to Order and Roll Call The regular Wheaton City Council Meeting was called to order at 7:04 p.m. by Mayor Michael J. Gresk. Upon roll call, the following were: Physically Present: Mayor Gresk Councilman Barbier Councilwoman Fitch Councilman Prendiville Councilman Scalzo Councilman Suess Absent: Councilman Rutledge City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney James Kozik, Director of Planning and Economic Development Paul G. Redman, Director of Engineering Robert R. Lehnhardt, Finance Director Sharon Barrett-Hagen, City Clerk 2. Presentations Mayor Gresk read and presented a proclamation to Mr. Steve Johnson, Mr. Jim Hebert and Mr. Bill McGurr and other members of the Rotary Club of Wheaton and the Rotary Club of Wheaton A.M. proclaiming October 24, 2018 as World Polio Day in Wheaton. Mr. Johnson stated polio has been eradicated everywhere except in Pakistan and Afghanistan. He thanked the Mayor and City Council for the proclamation and recognition of their work to eradicate polio worldwide. Mr. Hebert stated that while they are close to completely eradicating polio, the effort still needs money and volunteer time to accomplish that goal. 3. Citizens to Be Heard None. 4. Consent Agenda Councilman Barbier moved and Councilman Prendiville seconded that the following action be taken on the Consent Agenda items: 1. Approve the October 1, 2018 minutes of the regular Wheaton City Council meeting, as submitted. WHEATON CITY COUNCIL PROCEEDINGS October 15, 2018 2. Approve Bond Waiver and Milton Township Location Requirement and Authorize Issuance of a Raffle License to Village Vocal Chords of Harmony, Inc. Roll Call on Consent Agenda: Ayes: Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Scalzo Councilman Suess Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 5. Adopt Resolution R-2018-94, A Resolution Approving a First Amendment to Recapture Agreement between the City of Wheaton, Illinois and R. Lautz Construction, Inc. Councilwoman Fitch moved and Councilman Scalzo seconded that Resolution R-2018-94, A Resolution Approving a First Amendment to Recapture Agreement between the City of Wheaton, Illinois and R. Lautz Construction, Inc., be adopted. City Manager Dzugan stated the Council first reviewed this matter at their September 17, 2018 meeting and postponed it to tonight’s meeting to give Dr. Ochwat time to review the request from Roger Lautz to amend the recapture agreement by extending the term another ten years. Mr. Patrick Kinnally, attorney representing Dr. Ochwat, expressed their objection to the extension of this agreement. He stated Dr. Ochwat was told in 1999 that the agreement would end after 20 years and after that time, he would not be subject to the terms of the recapture agreement. Mr. Gary Wente, attorney representing Mr. Roger Lautz, presented copies of the 1999 recapture agreement to the Mayor and City Council and called their attention to paragraph 11(a) which states the agreement may be extended upon mutual consent of the parties to the agreement. He believes that Dr. Ochwat’s property has benefited from the surrounding development and confirmed Dr. Ochwat is not required to connect to City services. Councilman Suess feels the term of the agreement should be upheld and does not understand the rationale for any extension. In response Mr. Wente said he does not think the City wants to send a message that people can wait out an agreement and then tap into City services for free. Councilman Suess stated the parties entered into an agreement that had an imposition on adjacent property owners with no control over the development of the area. He stated the original agreement had a term of 20 years during which time the developer could be compensated for certain development costs. In response to Councilman Prendiville, City Manager Dzugan stated that to his knowledge, the City has not extended a recapture agreement in the past as recapture costs have been paid within the term of other recapture agreements. 2 WHEATON CITY COUNCIL PROCEEDINGS October 15, 2018 Mr. Wente advised that Mr. Lautz was required to construct the roadway to comply with City standards that would benefit surrounding properties. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Scalzo Nays: Councilman Suess Councilman Barbier Absent: Councilman Rutledge Motion Carried 6. Approve Appointment to City Boards/Commissions Mayor Gresk moved and Councilman Prendiville seconded that Kay Frederick be appointed to the Community Relations Commission for a three-year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 7. Adopt Resolution R-2018-95, A Resolution Authorizing the Binding of Property and Liability Insurance Coverages for November 1, 2018 through October 31, 2019 Councilwoman Fitch moved and Councilman Prendiville seconded that R-2018-95, A Resolution Authorizing the Binding of Property and Liability Insurance Coverages for November 1, 2018 through October 31, 2019, be adopted. City Manager Dzugan stated the Finance Director has presented a memorandum detailing the property and liability insurance renewal from November 1, 2018 through October 31, 2019. He pointed out there is an approximate $20,000 reduction from last year due primarily to our move from the High Level Excess Liability Pool. In response to Councilman Suess, Finance Director Lehnhardt confirmed he has seen the quotes the City’s broker received. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Gresk 3 WHEATON CITY COUNCIL PROCEEDINGS October 15, 2018 Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 8. Adopt Resolution R-2018-96, A Resolution Authorizing the Execution of a Certain Construction, Use, and License Agreement (1616 North President Street) Councilman Suess moved and Councilman Barbier seconded that Resolution R-2018-96, A Resolution Authorizing the Execution of a Certain Construction, Use, and License Agreement (1616 North President Street), be adopted City Manager Dzugan stated the proposed resolution would allow the use of the right-of-way at 1616 North President Street for a vehicle turn-around and a fence screening the turn-around area. In response to Councilman Barbier, City Manager Dzugan confirmed the right-of-way would remain the City’s property and stated the agreement contains a clause allowing the City to provide a notice of cancellation to the property owner. City Attorney Knippen stated that if the agreement were cancelled, the City may remove any improvements placed upon the right-of-way. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 9. Receive Planning & Zoning Board Report Re: ZA #18-17/PUD/1401 Hill Avenue/Westfield Properties, Inc. and Pass Ordinance No. O-2018-59, An Ordinance Granting a Special Use Permit for a Planned Unit Development on a Certain Piece of Property Commonly Known as 1401 Hill Avenue – Westfield Properties, Inc. Councilwoman Fitch moved and Councilman Barbier seconded that the Planning & Zoning Board Report Re: ZA #18-17/PUD/1401 Hill Avenue/Westfield Properties, Inc., be received and that Ordinance No. O- 2018-59, An Ordinance Granting a Special Use Permit for a Planned Unit Development on a Certain Piece of Property Commonly Known as 1401 Hill avenue – Westfield Properties, Inc., be passed. City Manager Dzugan advised the Planning & Zoning Board unanimously approved this request at their September 25, 2018 meeting with two conditions: screening of the trash bin area and construction of a six-foot high solid wood fence along the west property line. Roll Call Vote: Ayes: Councilwoman Fitch 4 WHEATON CITY COUNCIL PROCEEDINGS October 15, 2018 Councilman Prendiville Mayor Gresk Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 10. Adopt Resolution R-2018-97, A Resolution Authorizing the Execution of an Agreement with Copenhaver Construction, Inc. for the 2018 New Sidewalks in the Amount of $90,728 Councilman Prendiville moved and Councilman Scalzo seconded that Resolution R-2018-97, A Resolution Authorizing the Execution of an Agreement with Copenhaver Construction, Inc. for the 2018 New Sidewalks in the Amount of $90,728, be adopted. City Manager Dzugan stated eight bids for construction of three new sidewalk segments on Park Avenue, Thomas Road and Howard Street were received. He indicated the low bidder was Copenhaver Construction in the amount of $90,728. Councilman Barbier commended the City’s Engineering staff for working with the design engineer to eliminate the need for a retaining wall and landscaping for sidewalk construction along Park Blvd. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 11. Council Comment Councilman Scalzo noted the passing of Judge Lew Morgan, a fun, humorous and energetic man who served as a legislative leader and judge and who will be missed. Mayor Gresk stated Councilman Rutledge’s wife is in poor health and sent prayers to the Rutledge family. 12. Approval of Warrant Councilman Suess moved and Councilman Prendiville seconded that Warrant No. 738 in the amount of $2,188,008.39, be approved. 5 WHEATON CITY COUNCIL PROCEEDINGS October 15, 2018 Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 13. Adjournment Councilman Scalzo moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 7:29 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: Councilman Rutledge Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk Submitted for Approved: November 5, 2018 6