City Council Meetings

December 17, 2018 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 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 Holly Schulz, Director of Human Resources Arin Thrower, Public Information Officer Susan Wallace, Public Works Administrative Superintendent Sharon Barrett-Hagen, City Clerk 2. Presentations None 3. Citizens to Be Heard None 4. Consent Agenda Councilwoman Fitch requested that the December 10, 2018 Minutes of the Special Wheaton City Council Meeting be removed from the Consent Agenda. This item will be renumbered as Regular Agenda New Business Item #7. Councilman Suess moved and Councilman Scalzo seconded that the following action be taken on the Consent Agenda items, as amended: 1. Approve the December 3, 2018 minutes of the regular Wheaton City Council meeting and the December 10, 2018 Public Hearing minutes, as submitted. 2. Approve Bond Waiver and Authorize Issuance of a Raffle License to Lincoln Elementary PTA. WHEATON CITY COUNCIL PROCEEDINGS December 17, 2018 3. Authorize Issuance of an Outdoor Special Event Liquor License to Downtown Wheaton Association – Let’s Wine About Winter Wine Walk. 4. Pass Ordinance No. O-2018-86, An Ordinance Amending the Wheaton Liquor Control Ordinance Chapter 6, Article III of the City Code – Increase in Class A (Restaurants) Liquor License/302 Wheaton, LLC/302 W. Front Street Roll Call on Consent Agenda as Amended: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 5. Pass Ordinance O-2018-87, An Ordinance Repealing Chapter 82 “Vehicles for Hire” of the Wheaton City Code Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance O-2018-87, An Ordinance Repealing Chapter 82 “Vehicles for Hire” of the Wheaton City Code, be passed. City Manager Dzugan stated a first reading was held at the December 3 City Council meeting for the proposed ordinance which eliminates Chapter 82 of the City Code which regulates taxi cabs. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 6. Approve Appointments to City Boards/Commissions Mayor Gresk moved and Councilman Suess seconded that Carlo Treviso be appointed to the Environmental Improvement Commission for a three-year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Scalzo Councilman Suess Councilman Barbier 2 WHEATON CITY COUNCIL PROCEEDINGS December 17, 2018 Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 7. Adopt Resolution R-2018-111, A Resolution Authorizing the Execution of an Implementing Agreement with the Downtown Wheaton Association Regarding Special Service Area #8 and Approving the Calendar Year 2019 Downtown Wheaton Association Budget Councilman Prendiville moved and Councilwoman Fitch seconded that Resolution R-2018-111, A Resolution Authorizing the Execution of an Implementing Agreement with the Downtown Wheaton Association Regarding Special Service Area #8 and Approving the Calendar Year 2019 Downtown Wheaton Association Budget, be adopted. City Manager Dzugan stated the proposed resolution sets forth terms and conditions for the transfer of funds from Special Service Area #8, similar to the agreement the City had for Special Service Area #7. He said a provision for a Board representative, serving on a rotating basis, from each of the three rental properties was included in the agreement. Councilman Suess asked about the difference between the City’s relationship with the DWA and the City’s relationship with the Center for History. He stated the agreement with Center for History noted that organization was a separate entity from a liability standpoint. City Attorney Knippen stated that while he believes there is low risk to the City with the proposed agreement, although a hold harmless provision and language stating the DWA is an independent contractor could be added to the agreement. Councilman Suess moved and Councilman Prendiville seconded that the agreement be modified to include a hold harmless provision and a statement that the DWA is an independent contractor. Roll Call Vote on Amendment: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Rutledge Motion Carried Unanimously Mayor Gresk stated the DWA provides several financial reports to the City and he is comfortable with the City’s relationship with the DWA. Roll Call Vote on Original Motion: Ayes: Councilman Prendiville Mayor Gresk Councilman Scalzo 3 WHEATON CITY COUNCIL PROCEEDINGS December 17, 2018 Councilman Suess Councilman Barbier Councilwoman Fitch Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 8. First Reading of An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton – Yield Right-of-Way Intersections City Manager Dzugan stated the proposed ordinance establishes yield controls at 13 intersections throughout the City. He advised the Engineering Department’s intersection inventory/analysis determined there were only 31 cross or four-way intersections in the City that were not controlled. After reviewing each of the 31 intersections, staff determined it would be appropriate for yield signs on one of the legs of 13 of those intersections. City Manager Dzugan indicated this item appears as a first reading with formal action to be taken at the January 7, 2019 meeting. Councilman Barbier asked that signage also be installed at the intersection of Sumner and Indiana, due to its proximity to a school. He feels that the City has addressed concerns with traffic flow with the implementation of the 25 mph speed limit, and feels attention should be given to pedestrian and bicyclist safety issues at uncontrolled intersections. Councilwoman Fitch believes that because so many of the City’s intersections are controlled by signage, there is an expectation on the part of drivers for signage directing them what to do at intersections. 9. First Reading of An Ordinance Amending Portions of City of Wheaton Employee Rules and Regulations City Manager Dzugan stated the proposed ordinance sets forth various changes to the City’s employee manual, most of which relate to changes in federal or state laws. He indicated this item appears as a first reading with formal action to be taken at the January 7, 2019 meeting. 10. Adopt Resolution R-2018-112, A Resolution Approving a Streetlight Banner Policy for the City of Wheaton Councilman Prendiville moved and Councilman Barbier seconded that Resolution R-2018-112, A Resolution Approving a Streetlight Banner Policy for the City of Wheaton, be adopted. City Manager Dzugan stated a new banner sign policy was discussed at the City’s December 10 planning session. Since that meeting, minor changes were made to expand the geographic area to include north Main Street. At Council’s direction, staff reviewed the definition of eligible entities and believes it meets the Council’s intent as drafted. In response to Councilwoman Fitch, City Attorney Knippen confirmed there is language in the policy prohibiting use of banners by a unit of local government for commercial purposes. She questioned if the Park District could promote commercial enterprises at Arrowhead or Cosley Zoo. City Attorney Knippen stated that as a taxpayer supported entity, they could do so; however, staff would review the requests to ensure compliance with the policy. Public Information Officer Thrower indicated the policy does specify the banners should be used to celebrate community events and not be used for commercial purposes. 4 WHEATON CITY COUNCIL PROCEEDINGS December 17, 2018 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. Adopt Resolution R-2018-113, A Resolution Authorizing the Execution of an Agreement with Upland Design Ltd. for Engineering Services for Phase I and II Renovations for Adams Park in the Amount of $36,750 Councilman Suess moved and Councilman Barbier seconded that Resolution R-2018-113, A Resolution Authorizing the Execution of an Agreement with Upland Design Ltd. for Engineering Services for Phase I and II Renovations for Adams Park in the Amount of $36,750, be adopted. City Manager Dzugan stated the Adams Park improvements had been scheduled for 2020; however, Senator Connelly informed the City of a grant opportunity that would fund $225,000 of the estimated $230,000 cost of Phase 1 improvements. He indicated we have been informed there is a high degree of confidence the grant will be awarded to the City. City Manager Dzugan advised one requirement of the grant is the work must be completed by June 30, 2019. Staff believes we can meet that deadline and is asking for approval of design, bidding and construction oversight. He stated staff will bring the final design before the Council prior to bidding the project. Councilwoman Fitch questioned the need to spend approximately $900,000 in total for renovations to Adams Park. She feels the ADA compliant features can be done for less than that amount and believes the City should preserve the park and repair the pathways rather than paving over them. Councilwoman Fitch feels the wishes of the residents to preserve the park should be considered and stated she would vote no on this request. Councilman Prendiville expressed his support. He feels the proposed improvements would bring the park back to its original plan. Mayor Gresk stated he is also supportive of the proposal as the City will be adhering to the original plans for the park, will maintain tight control over the renovations to maintain the integrity of the park, as well as bring it into ADA compliance. Administrative Superintendent Wallace stated the amount of pavement will essentially be the same as some paths will be removed while others will be widened. In response to Councilman Suess, Superintendent Wallace confirmed that current levels of park maintenance will be reduced with the new plan. In response to Councilman Suess, Superintendent Wallace confirmed that improvements on the path around the park will be done in Phase 2 and that Phase I work involves renovation of the north/south and east/west paths to the fountain area. Councilman Suess asked if work on the circular path could be 5 WHEATON CITY COUNCIL PROCEEDINGS December 17, 2018 completed with the Phase I work so as not to disrupt the park for two years. Councilman Prendiville suggested if the grant money is received, that could free up funds to add the additional work. Mayor Gresk asked if both phases could be designed now with a decision at a later date whether to proceed with both phases. City Manager Dzugan stated staff would look into that but cautioned that any additional work may cause more disruption for the municipal band who will be performing at Adams Park in 2019 while Memorial Park is being renovated. Councilman Barbier feels it is important to determine if the June 30 deadline would be met if both phases are done. Superintendent Wallace indicated the City would need to complete Phase 1 by the deadline and completion of Phase II work could continue after that date. In response to Councilman Scalzo as to what constitutes completion, Superintendent Wallace stated that the City would need to report to the state by the June 30 deadline that all bills for the work have been paid and the work proposed to be done has been done. Councilman Scalzo feels this is a good thing and the ADA compliance renovations are an improvement to Adams Park. He stated we are going back to the park’s historic design and while we want the park to be historic, we do not want to let it fall into disrepair. Councilman Scalzo stated the City should take advantage of the opportunity to receive a grant for this work. Councilwoman Fitch stated 88% of residents surveyed do not feel the park is falling into disrepair and feel it is in good or excellent condition. She reiterated her belief that $900,000 does not need to be spent on major renovations to the park. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Scalzo Nays: Councilwoman Fitch Absent: Councilman Rutledge Motion Carried 12. Approve December 10, 2018 Wheaton City Council Special Meeting Minutes Councilwoman Fitch asked that the 4th paragraph on page 2 of these minutes be modified to more correctly reflect her statement that she believes it is the taxpayers who should benefit from capturing new growth. Councilwoman Fitch moved and Councilman Suess seconded that the December 10, 2018 Wheaton City Council Special Meeting Minutes be approved, as revised. Roll Call Vote on Revised December 10, 2018 Minutes: Ayes: Councilwoman Fitch Councilman Prendiville 6 WHEATON CITY COUNCIL PROCEEDINGS December 17, 2018 Mayor Gresk Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 13. Council Comment Councilman Barbier announced that the President signed a bill naming the Cpl. Jeffery Allen Williams Post Office in Warrenville, Illinois. He stated he graduated with him in 2003 and Cpl. Williams lost his life while serving in Iraq. Councilman Barbier feels our community is greater than the boundaries of Wheaton and this was a great thing to have done in honor of Cpl. Williams. Councilman Suess took the opportunity to wish everyone a Merry Christmas and a Happy New Year. He thanked City staff for their work throughout the year and thanked the volunteer members of the City’s boards and commissions for their service on behalf of Wheaton and its residents. 14. Approval of Warrant Councilman Suess moved and Councilman Prendiville seconded that Warrant No. 742 in the amount of $6,416,266.97, be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Rutledge Motion Carried Unanimously 15. Adjournment Councilman Scalzo moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 7:35 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk 7 WHEATON CITY COUNCIL PROCEEDINGS December 17, 2018 Nays: None Absent: Councilman Rutledge Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk Submitted for Approval: January 7, 2019 8