City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, MAY 18, 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 7:03 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 Phil Suess Absent: Councilman Todd Scalzo 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 Susan Bishel, Public Relations Coordinator Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk presented Certificates of Excellence to the following 2015 National Merit Finalists: Jonathan Myers, Catherine Watson, Jaimie Patterson, Grace Richards, and Marissa Annis (Wheaton North High School students) Jack Havey, Angela Yang, and Camille Farruggio (Wheaton Warrenville South High School students). Certificates were also also given to Sarah Shaffer (Wheaton North High School) and Drew Andersen (Wheaton Warrenville South High School). Community Relations Commission Member, Renée Webb, along with other Commission members presented the 2015 Good Citizen Awards to: Student Category – Heidi Nassos, Patrick Fitzgerald (Wheaton Warrenville South High School), Samuel Carlson, Lisa Mordell, Narra Moreen (St. Francis High School), Ugne Dinsmoniaite (Glenbard South High School); Adult Category – Susan Dansdill, Anne Wanzenberg, Kenna Anderson, Chris Ellerman, Ron Smith, Randy Carey, Heather Johnson; Group Category: DuPage Master Gardeners for DPCC, Rick & Tammy Erickson and Emma Sporer, Christina Adams, Jess Stransky and Jordan Wicks (Wheaton Warrenville South High School). Mayor Gresk read and presented a proclamation to Ms. Kim Perez, Executive Director, celebrating the 40th anniversary of the People’s Resource Center. Ms. Perez thanked the Mayor and City Council, as well as the Wheaton community for their support, without which the PRC could not assist 9,000 families or 31,000 people each year. 3. CITIZENS TO BE HEARD Ms. Nancy Gier, 113 S. Hazelton, questioned the higher amount of her latest water bill and also requested that more flexibility be incorporated into the system to assist residents having difficulty paying their water bills. City Manager Rose stated the City purchases Lake Michigan water from the City of Chicago, and significant rate increases have been experienced over the past three years. City Manager Rose stated there are two components to the water bill – water rates for the purchase of water and maintenance costs for the Council Proceedings May 18, 2015 / Page 2 water infrastructure. He indicated a comparison with other communities shows that Wheaton’s water rates are in the middle of the spectrum. Councilman Suess agreed that water rates have increased rather dramatically over the past years, but he stated the expectation is that the magnitude of rate increases going forward will be less. 4. CONSENT AGENDA Councilman Suess moved and Councilman Rutledge seconded that the following action be taken on the Consent Agenda items: 1. Approve the minutes of the May 4, 2015 regular Wheaton City Council Meeting, as submitted. 2. Pass Ordinance F-1864, An Ordinance Amending Appendix B (Fee Schedule) of the Wheaton City Code. 3. Approve Requests and Authorize the Issuance of Special Event Permits to the American Legion Post 76 – Memorial Day Parade, the Downtown Wheaton Association – Vintage Rides, Bensidoun USA, Inc. – French Market Special, Wheaton Bible Church – Neighborhood Bible School (Sherwood Place), College Church – Run for the Stars, College Church – College Church Summer Celebration, American Diabetes Association – Tour de Cure, Wheaton Bible Church – Neighborhood Bible School (Wheaton Avenue) and CareNet Pregnancy Services – Walk for CareNet. 4. Adopt Resolution R-22-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (504 Pershing Avenue). 5. Adopt Resolution R-22-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1540 Spero Court). 6. Adopt Resolution R-22-15, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (422 Pershing Avenue). 7. Pass Ordinance No. F-1865, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6, Article III (Increase in Class P (Seasonal) Liquor License/Tasting DeVine, 127 W. Front Street, Wheaton, IL – Saturday French Market). Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 5 PASS ORDINANCE NO. F-1866, AN ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE V (BOARDS, COMMISSIONS AND COMMITTEES) OF THE CITY OF WHEATON Council Proceedings May 18, 2015 / Page 3 Councilman Prendiville moved and Councilwoman Fitch seconded that Ordinance No. F-1866, An Ordinance Amending Chapter 2 (Administration), Article V (Boards, Commissions and Committees) of the City of Wheaton, be passed. City Manager Rose stated this item appeared for a first reading at the last Council meeting. He stated the proposed ordinance would modify the City Code with respect to the purpose of the Housing Commission and recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Suess Councilwoman Fitch Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 6. APPROVE THE APPOINTMENT OF CITY TREASURER Mayor Gresk moved and Councilman Suess seconded that Robert R. Lehnhardt be appointed as City Treasurer for a four year term. City Manager Rose stated that, with this appointment, the Director of Finance would assume the duties of the City Treasurer. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 7. ADOPT RESOLUTION R-25-15, A RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR PAVEMENT CONDITION EVALUATION SERVICES Councilman Suess moved and Councilman Saline seconded that Resolution R-25-15, A Resolution Authorizing the Execution of a Professional Engineering Services Agreement for Pavement Condition Evaluation Services, be adopted. City Manager Rose explained that the City hired MDS Technologies, Inc. to perform a pavement condition analysis on all City streets in 2012 to provide a baseline of street conditions. At that time, it was recommended the City’s streets be analyzed on a 3 year cycle to update information to be used in preparing the City’s annual road program. City Manager Rose stated the resolution before the Council would authorize the City to enter into an agreement with MDS Technologies to perform the updated street Council Proceedings May 18, 2015 / Page 4 analysis, including analysis of the City’s alleys, at a cost of $32,150. He recommended approval of the resolution and agreement as submitted. In response to Councilman Suess, Director of Engineering Redman stated he anticipates a three month completion date for this work. In response to Councilwoman Fitch, Director of Engineering Redman clarified that this information allows the City to select streets for the 5 year program. He stated the 5 year program is adjusted, often on an annual basis, based on street conditions. Mayor Gresk questioned if the City is still on a 20 year cycle with 7-8 miles being replaced per year. Director of Engineering Redman stated that the City is replacing approximately 4-5 miles of streets in a 15 year range rather than a 20 year range. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 8. ADOPT RESOLUTION R-26-15, A RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR THE STREAMS LAKE DREDGING PROJECT Councilman Prendiville moved and Councilman Suess seconded that Resolution R-26-15, A Resolution Authorizing the Execution of a Professional Engineering Services Agreement for the Streams Lake Dredging Project, be adopted. City Manager Rose stated monies have been allocated in this year’s budget for the dredging the eastern lake of The Streams Lake System. He indicated the City Engineer solicited a proposal from Strand Associates, Inc., the company that provided engineering services for the previous dredging project in 2009. City Manager Rose stated the resolution before the Council would authorize the City to enter into an agreement with Strand Associates, Inc. for an amount not to exceed $39,500 and recommended approval of the resolution and agreement as submitted. Councilman Rutledge asked for clarification of certain items contained within the proposal. Director of Engineering Redman stated the City is seeking help with design services and has another consultant for geotechnical work. Director of Engineering Redman stated that the contract has a budget of $39,500 and the City would be monitoring the work to ensure it does not exceed that amount. Councilman Prendiville stated that he has questioned letting The Streams lakes go back to their natural state in the past but has been advised that may cause flooding in the area. He expressed his hope that something different could be done in the future, as millions of dollars has been spent on this effort over the years. City Manager Rose confirmed the monies for this effort are taken from the City’s General Fund. Council Proceedings May 18, 2015 / Page 5 Councilwoman Fitch asked the cost of the 2009 dredging. Director of Engineering Redman stated that amount was $600,000. In response to Councilman Prendiville, Director of Engineering Redman confirmed dredging is occurring more often due to flooding events. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Suess Councilwoman Fitch Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 9. AUTHORIZE ADDITIONAL COMPENSATION/EHLERS & ASSOCIATES/FINANCIAL ANALYSIS/DOWNTOWN STRATEGIC AND STREETSCAPE PLAN Councilman Prendiville moved and Councilman Suess seconded that additional compensation be provided to Ehlers & Associates in the amount of $12,193.75. City Manager Rose stated the City entered into an agreement with Ehlers & Associates in August of 2014 for services associated with analyzing financial aspects for the implementation of the Downtown Strategic Plan. He indicated, however, that the scope of analysis has exceeded the work set out in the original agreement. City Manager Rose requested authorization by the City Council for additional compensation to Ehlers & Associates for the expanded work in the amount of $12,193.75, bringing the total agreement cost to $32,193.75. Councilman Rutledge stated that while he is not opposed to this, he feels Ehlers and Associates provided poor advice a few years ago and questioned if the City could utilize the services of a different company. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Suess Councilwoman Fitch Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 10. ADOPT RESOLUTION R-27-15, A RESOLUTION AUTHORIZING THE EXECUTION OF A FINANCIAL SERVICES AGREEMENT FOR DOWNTOWN STRATEGIC AND STREETSCAPE PLAN Councilman Suess moved and Councilman Prendiville seconded that Resolution R-27-15, A Resolution Authorizing the Execution of a Financial Services Agreement for Downtown Strategic and Streetscape Plan, be adopted. Council Proceedings May 18, 2015 / Page 6 City Manager Rose stated additional financial analysis work is needed relating to the implementation of the Downtown Strategic Plan. He stated staff will be meeting with the Park District and School District regarding extension and expansion of TIFs 1 and 2. Representatives from both districts have expressed a willingness to have a dialogue, but have expressed concerns about potential loss of revenue if the TIFs do not expire as originally scheduled. City Manager Rose indicated there are other firms that could do this work. However, Ehlers and Associates has already performed a large amount of work on this project and he recommended approval of the resolution and agreement as presented. In response to Councilman Saline, City Manager Rose stated Ehlers will be working on a hourly rate. He stated staff has requested detailed monthly billing and will monitor the costs. Councilwoman Fitch feels the agreement is open ended and believes it would be preferable to have written parameters for the work to be performed. City Manager Rose confirmed that updates will be provided to the Council as the work progresses, and he stated he does not anticipate a great deal of expenditures. In response to Councilman Suess, City Manager Rose confirmed funding will be through the TIF. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 11. PASS ORDINANCE NO. F-1867, AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WHEATON AND MORNINGSIDE WHEATON, LLC (SIMPLIFIED LOOK BACK REIMBURSEMENT) Councilman Suess moved and Councilman Prendiville seconded that Ordinance No. F-1867, An Ordinance Approving a Second Amendment to the Development Agreement Between the City of Wheaton and Morningside Wheaton, LLC (Simplified Look Back Reimbursement), be passed. City Manager Rose stated as part of the City’s development agreement with Morningside for the Wheaton 121 apartment project, the City funded approximately $1.4M worth of infrastructure. He indicated a “look back” provision was included in that agreement which dealt with the possible sale of the property and a process for the developer to repay those funds to the City. City Manager Rose indicated Morningside is contemplating a sale of the project within the next two months and the proposed ordinance and amendment to the development agreement sets forth a simplified process for the repayment of those funds to the City. He recommended approval of the ordinance and the amendment to the development agreement as presented. Councilman Prendiville expressed his support due to the low amount of risk to the City. In response to Councilman Suess, City Manager Rose confirmed that taxes paid into the TIF would be offset against the reimbursement. Roll Call Vote: Ayes: Councilman Suess Council Proceedings May 18, 2015 / Page 7 Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 12. PASS ORDINANCE NO F-1868, AN ORDINANCE AMENDING CHAPTER 6 (ALCOHOLIC BEVERAGES), ARTICLE III (RETAIL LICENSES) OF THE WHEATON CITY CODE – INCREASE IN CLASS A LIQUOR LICENSE / FIU ENTERPRISES, LLC D/B/A FIRE IT UP / 1060 COLLEGE AVENUE Councilman Rutledge moved and Councilman Saline seconded that Ordinance No F-1868, An Ordinance Amending Chapter 6 (Alcoholic Beverages), Article III (Retail Licenses) of the Wheaton City Code – Increase In Class A Liquor License / FIU Enterprises, LLC d/b/a Fire It Up / 1060 College Avenue, be passed. City Manager Rose indicated the Liquor Control Commission held a public hearing on May 14, 2015 and unanimously recommended the issuance of a Class A liquor license for Fire It Up, a new restaurant, to be located at the former Adelle’s location. He recommended approval of the ordinance and issuance of the liquor license. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 13. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #15- 05/SPECIAL USE PERMIT/2225 WARRENVILLE AVENUE/JANECEK BUILDERS AND PASS ORDINANCE NO. F-1869, AN ORDINANCE GRANTING SPECIAL USE PERMIT APPROVAL TO ALLOW THE CONSTRUCTION AND USE OF A POOL HOUSE AT 2225 WARRENVILLE AVENUE – JANECEK BUILDERS Councilwoman Fitch moved and Councilman Suess seconded that the Planning & Zoning Board Report Re: Zoning Application #15-05/Special Use Permit/2225 Warrenville Avenue/Janecek Builders be received and that Ordinance No. F-1869, An Ordinance Granting Special Use Permit Approval to Allow the Construction and Use of a Pool House at 2225 Warrenville Avenue – Janecek Builders, be passed. City Manager Rose stated the Planning & Zoning Board reviewed this request on May 12, 2015 and unanimously recommended approval of a special use permit for a pool house at 2225 Warrenville Road. He recommended receipt of the report and approval of the ordinance as presented. Council Proceedings May 18, 2015 / Page 8 In response to Councilman Saline, Director of Planning & Economic Development Kozik confirmed that use of the structure as a guest house would not be acceptable. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Suess Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 14. COUNCIL COMMENT Councilman Prendiville thanked the boy scouts for attending the meeting. Councilman Suess stated the Historic Commission has scheduled an extensive array of events for Preservation Week and encouraged residents to enjoy the various events. He also thanked the Community Relations Commission for their work regarding the Good Citizens Award presentation. Mayor Gresk encouraged anyone interested in serving on a City Board or Commission to submit an application to the City. Councilman Saline invited everyone to come out and enjoy the Memorial Day parade. 15. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 656 in the amount of $2,125,630.76 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilman Scalzo Motion Carried Unanimously 16. ADJOURNMENT Councilman Saline moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:38 p.m. Roll Call Vote: Ayes: Councilman Saline Councilman Suess Councilwoman Fitch Councilman Prendiville Council Proceedings May 18, 2015 / Page 9 Councilman Rutledge Mayor Gresk Nays: None Absent: Councilman Scalzo Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk