City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, MAY 4, 2015 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 7:10 p.m. by Mayor Michael J. 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 Absent: None City Staff Present: Donald B. Rose, City Manager Michael G. Dzugan, Assistant City Manager James Knippen, City Attorney Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Robert R. Lehnhardt, Finance Director Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk presented Certificates of Excellence to the following 2015 National Merit Finalists: Matthew Ylinen (Wheaton North High School student) and Edward Dreyer (Wheaton Warrenville South High School student). 3. CITIZENS TO BE HEARD None. 4. CONSENT AGENDA In response to Councilman Suess, Director of Engineering Redman confirmed the location for the proposed additional parking restrictions. Councilman Suess moved and Councilman Rutledge seconded that the following action be taken on the Consent Agenda items: 1. Approve the minutes of the April 20, City Council Public Hearing and the April 20, 2015 regular Wheaton City Council Meeting, as submitted. 2. Pass Ordinance F-1860, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton – Parking Restrictions. 3. Receive Procurement Officer’s Recommendation and Authorize Bid Award to Sound Planning for a Sound System for the Fire Department in the amount of $30,400. 4. First Reading of An Ordinance Amending Appendix B (Fee Schedule) of the Wheaton City Code. 5. Adopt Resolution R-19-15, A Resolution Approving the Plat of Hofner Prairie Subdivision. Council Proceedings May 4, 2015 / Page 2 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 PASS ORDINANCE NO. F-1861, AN ORDINANCE AMENDING CHAPTER 74 (UTILITIES), ARTICLE VIII (COLLECTION OF FEES AND CHARGES), SECTION 74-338 (DELINQUENT PAYMENTS; ORDER TO DISCONTINUE SERVICE; REINSTATEMENT OF SERVICE Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. F-1861, An Ordinance Amending Chapter 74 (Utilities), Article VIII (Collection of Fees and Charges), Section 74-338 (Delinquent Payments; Order to Discontinue Service; Reinstatement of Service), be passed. City Manager Rose stated this item appeared on the April 20 agenda as a first reading and is before the Council tonight for formal action. He stated the amendment would update language in the City Code to provide for an appeals process for water customers who are subject to disconnection of service due to an unpaid water/sewer bill. He recommended approval of the ordinance as presented. 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 6. APPROVE THE REAPPOINTMENT OF CITY CLERK Mayor Gresk moved and Councilman Prendiville seconded that Sharon Barrett-Hagen be reappointed as City Clerk for a four year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Council Proceedings May 4, 2015 / Page 3 Nays: None Absent: None Motion Carried Unanimously 7. APPROVE REAPPOINTMENTS/APPOINTMENT TO CITY COMMISSIONS/BOARDS Mayor Gresk moved and Councilman Suess seconded that the reappointments of Anne Wanzenberg to the Board of Fire & Police Commissioners for a three year term, the reappointment of Matt Litfin to the Board of Trustees Police Pension Fund for a two year term and the appointment of Bob McDonough to the Planning & Zoning Board for a five year term, be approved. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 8. PASS ORDINANCE NO. F-1862, AN ORDINANCE REINSTATING ORDINANCE NO. F-0986, “AN ORDINANCE AMENDING THE WHEATON ZONING MAP AND GRANTING A SPECIAL USE PERMIT, AND A VARIATION TO ARTICLE 22.5.23 OF THE CITY OF WHEATON ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF A DRIVE-THRU BANKING FACILITY ON A PIECE OF PROPERTY COMMONLY KNOWN AS 330 S. NAPERVILLE ROAD” Councilman Rutledge moved and Councilman Saline seconded that Ordinance No. F-1862, An Ordinance Reinstating Ordinance No. F-0986, “An Ordinance Amending the Wheaton Zoning Map and Granting a Special Use Permit, and a Variation to Article 22.5.23 of the City of Wheaton Zoning Ordinance to Allow the Construction of a Drive-Thru Banking Facility on a Piece of Property Commonly Known as 330 S. Naperville Road,” be passed. City Manager Rose stated the ordinance before the Council would reinstate a special use permit to allow CIBM Bank, operating as Central Illinois Bank, to operate with a drive-thru facility in the former Providence Bank location at 330 S. Naperville Road. He recommended approval of the ordinance as presented. 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 Council Proceedings May 4, 2015 / Page 4 9. ADOPT RESOLUTION R-20-15, A RESOLUTION OF THE CITY OF WHEATON, DUPAGE COUNTY, ILLINOIS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSTRUCTION, USE AND INDEMNIFICATION AGREEMENT – DUMPSTER SCREEN – GUST – 204 W. WESLEY STREET Councilman Prendiville moved and Councilman Scalzo seconded that Resolution R-20-15, A Resolution of the City of Wheaton, DuPage County, Illinois, Authorizing the Mayor and City Clerk to Execute a Construction, Use and Indemnification Agreement – Dumpster Screen – Gust – 204 W. Wesley Street, be adopted. City Manager Rose stated the proposed construction, use and indemnification agreement would allow the property owners of 204 W. Wesley Street, Howard and JoAnn Gust, to enlarge an existing screened dumpster area for their tenants’ use. He recommended adoption of the resolution as submitted. 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. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #15- 04/TEXT AMENDMENT/ARTICLE 23/SIGNS AND PASS ORDINANCE NO. F-1863, AN ORDINANCE AMENDING THE TEXT OF THE WHEATON CITY CODE AND ZONING ORDINANCE – PERIMETER WINDOW LIGHTING Councilman Rutledge moved and Councilman Scalzo seconded that the Planning & Zoning Board Report Re: Zoning Application #15-04/Text Amendment/Article 23/Signs be received and that Ordinance No. F- 1863, An Ordinance Amending the Text of the Wheaton City Code and Zoning Ordinance – Perimeter Window Lighting, be passed. City Manager Rose stated the text amendment before the Council would define perimeter window lighting as an attention-getting device and would prohibit its use within the City. He indicated the Planning & Zoning Board recently reviewed this text amendment and unanimously approved the text amendment. City Manager Rose recommended approval of the proposed text amendment. Councilman Saline asked if the proposed ordinance would also prohibit neon perimeter lighting. Director of Planning & Economic Development Kozik confirmed all perimeter lighting would be prohibited. In response to Councilman Saline, Director of Planning & Economic Development Kozik stated any business currently with such an attention-getting device would be notified and given a certain time frame to remove the lighting. Failure to do so would be considered a code violation and they would be fined accordingly. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Council Proceedings May 4, 2015 / Page 5 Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 11. ADOPT RESOLUTION R-21-15, A RESOLUTION SUPPORTING PRESERVATION OF LOCAL FUNDS Councilman Suess moved and Councilman Prendiville seconded that Resolution F-21-15, A Resolution Supporting Preservation of Local Funds, be adopted. City Manager Rose stated the proposed resolution supports retaining the local distribution of the Local Government Distributive Fund (LGDF) from the State of Illinois. Governor Rauner has proposed reducing that amount by 50%, which would result in a $2.6M, or 7% reduction of General Fund revenues. He indicated the DuPage Mayors & Managers Conference, as well as other conferences of government throughout the State, urged their members to adopt this resolution. City Manager Rose stated a 7% loss in revenue would lead to significant reductions in City staffing on top of the severe cuts made when the recession began or significant curtailing of capital improvement projects in the City. He recommended adoption of the resolution as presented. Councilwoman Fitch stated that she is supportive of the resolution as written. She did note however, it is her opinion that Governor Rauner’s “Turnaround Illinois” agenda has structural reforms that will help municipalities in the long run. Councilman Suess stated he would like the City to draft a letter to our Representatives Ives and Breen, as well as State Senators Nybo and Connelly, as well as set up a meeting with them, to reinforce the importance of retaining the LGDF at its current level. He explained that a $2.6M reduction equates to $0.13 on the tax rate which residents may be asked to pay to the City to offset any reduction. He stated the Governor’s “Turnaround Illinois” agenda states the LGDF has increased 42%; however, no timeframe was indicated for that figure. According to his research, the rate of increase over the past five years to the City of Wheaton is 2.08%. Councilman Suess feels it is appropriate for the City to be very direct with our elected officials and document our position. Mayor Gresk stated he, Councilman Suess and City Manager Rose recently met with a representative from the Governor’s office and shared our position with him. Councilman Rutledge feels the monies that have come back to Wheaton have been very well managed, as opposed to what has happened at the State level and it would make sense to provide money where it has been well managed. Councilman Suess indicated no other agencies have been asked to take a 50% cut in funding and does not feel the City should be required to do so. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Council Proceedings May 4, 2015 / Page 6 Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 12. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE V (BOARDS, COMMISSIONS AND COMMITTEES) OF THE WHEATON CITY CODE City Manager Rose stated the proposed ordinance would modify the City Code with respect to the purpose of the Housing Commission. He stated the City Council discussed this item at the April 27, 2015 Planning Session. City Manager Rose stated this item appears on the agenda for a first reading and formal action will be taken at the May 4 Council meeting. Councilwoman Fitch feels the last sentence of proposed paragraph 4 is redundant, as existing paragraphs 2 and 3 already provide the Commission the ability to advise the City Council. City Attorney Knippen stated he feels the last sentence of proposed paragraph 4 changes the legal powers of the Commission from “recommending” and, as written, seems to imply that action will be imposed on the City Council. He believes that would be an abdication of the Council’s legislative authority and feels the words “action steps” should be changed to “recommendations.” Councilwoman Fitch agrees with those comments and agrees that the words “action steps” seem to be inconsistent with the rest of the language in that paragraph. Councilman Prendiville agrees with the comments made and proposed removing the last sentence. City Attorney Knippen supports the proposal to strike the last sentence of proposed paragraph 4. Councilman Scalzo thought the Commission wanted to expand their scope beyond housing to living conditions. City Attorney Knippen feels the first sentence of proposed paragraph 4 accomplishes that. Councilman Rutledge also supports removing the last sentence of paragraph 4. City Manager Rose indicated this item would return for formal action by the Council in two weeks with the language modification discussed. 13. COUNCIL COMMENT None. 14. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 655 in the amount of $1,103,143.09 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Council Proceedings May 4, 2015 / Page 7 Nays: None Absent: None Motion Carried Unanimously 15. ADJOURNMENT Councilman Scalzo moved and Councilman Prendiville seconded that the regular Wheaton City Council Meeting be adjourned at 7:37 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