City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, SEPTEMBER 21, 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 7:01 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 James P. Kozik, Director of Planning & Economic Dev. Vince Laoang, Director of Public Works Street Superintendent Mike Wakefield Sewer Superintendent Mike Jankovic Director of Information Technology Chad Michaelis Network Administrator Pat Sinks Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk noted that a proclamation had been signed declaring September 25, 2015 as “Light the Torch Day” in Wheaton. 3. CITIZENS TO BE HEARD Ms. Pamela Paulsen, NEW 200 Foundation, along with Ms. Barb Intihar, thanked Mayor Gresk for his commitment as an honorary member of the NEW 200 Foundation, an organization that raises funds for classroom materials and works to expand educational opportunities for all students in the district. Ms. Shelly Johns, 1300 Aurora Way, spoke against the proposed subdivision at Gables and Aurora Way. She expressed concerns about drainage, visual impact, property values, and the high number of tear downs in this area. She indicated that only five of the original homes remain. Ms. Cheryl Price, 111 N. Wheaton Avenue, stated she is a 70 year resident of the City and asked the Council to not forget the past as they consider the future of Wheaton. Mr. John Luxem, 1141 Aurora Way, stated flooding issues already exist in the neighborhood, and he is concerned about the impact of stormwater in the area due to the proposed subdivision. He asked the City to review the current drainage system and determine whether a detention area could be constructed. Ms. Carmen Awadzi, Magnolia Custom Homes, stated she understands the concerns of the residents regarding drainage, but wanted to assure the residents that the City takes drainage issues very seriously and works directly with developers to ensure water does not go onto neighboring property. Council Proceedings September 21, 2015 / Page 2 Ms. Anne Conrad, 111 N. Wheaton Avenue, President of Wheaton Place Condo Association, requested the City’s help in building a fence along the common wall between their condo building and the downtown parking garage to prevent access onto the roof of their building. She the association has spent over $20,000 to repair the damage done by vandals who access the roof from the adjacent parking garage. Ms. Conrad stated the Association cannot resolve this situation alone and asked that City and the Association together to construct a spiked fence, 4 to 8 feet high, that would prevent access to the roof from the garage. She indicated they have received a bid ranging from $20,000 to $39,000 for the construction of this fence and would like to split the cost with the City. Mr. Mark McAndrews, 111 N. Wheaton Avenue, stated he lives on the 4th floor of the building and has experienced damage to his A/C unit, as well as an invasion of his privacy by individuals looking into his condo through the skylights. He said the association has met with the City Manager and the Chief of Police and has installed cameras and sensors on the roof which summon the police to the site, but more needs to be done. Mr. McAndrews stated the City shares the wall and shares the risk, and he asked that the City share the costs to resolve this situation. Ms. Luz Berd, 111 N. Wheaton Avenue, stated she also lives on the 4th floor and hears walking and running on the roof at all hours of the night and has seen young men looking into her condo from the skylights. She said she is terrified by this situation and feels threatened by the invasion of her privacy. Mr. Neville Baird, 111 N. Wheaton Avenue, also lives on the 4th floor and stated he is very concerned about safety issues and the vandalism that has been done to A/C units on the roof. He asked that the City take action now to prevent the situation from getting worse. Mr. Dean Monma, 111 N. Wheaton Avenue, stated he has been witness to the damage and graffiti on the roof and has seen individuals trespass on the roof on two occasions by using the concrete pillars on the garage to gain access to the roof. His concerns are about the criminal trespass and criminal damage, as well as safety for the residents. Mr. Carl Holls, 111 N. Wheaton Avenue, also lives on the 4th floor and stated this has been an on-going problem for the 10 years he has lived there. He stated he has had damage to his A/C unit and stated condo residents need assistance from the City to resolve this situation. 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 September 8, 2015 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-56-15, A Resolution Authorizing the Execution of a Certain Constructions, Use, and Indemnification Agreement (1548 Gamon Road). Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Council Proceedings September 21, 2015 / Page 3 Nays: None Absent: None Motion Carried Unanimously 5. PASS ORDINANCE NO. F-1886, AN ORDINANCE APPROVING A PRELIMINARY PLAT OF SUBDIVISION AND VARIATIONS FOR A CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS 303 EAST PRAIRIE AVENUE – PATRICK J. MURPHY BUILDERS, INC. Councilwoman Fitch moved and Councilman Prendiville seconded that Ordinance No. F-1886, An Ordinance Approving a Preliminary Plat of Subdivision and Variations for a Certain Parcel of Property Commonly Known as 303 East Prairie Avenue – Patrick J. Murphy Builders, Inc., be passed. City Manager Rose stated the Council considered this request at their August 3, 2015 meeting and also at their meeting on September 8, 2015. He stated the proposed ordinance would approve the preliminary plat and variations for the subdivision with setbacks of 57.25 for the proposed Lot 1, 80.0 feet for the proposed Lot 2 and 120.0 feet for the proposed Lot 3. City Manager Rose recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: Councilman Suess Absent: None Motion Carried 6. ADOPT RESOLUTION R-57-15, A RESOLUTION APPROVING THE FINAL PLAT OF CASTON RESUBDIVISION (1204 AURORA WAY) Councilman Rutledge moved and Councilwoman Fitch seconded that Resolution R-57-15, A Resolution Approving the Final Plat of Caston Resubdivision (1204 Aurora Way), be adopted. City Manager Rose indicated the City has received an application for final plat approval to subdivide the property at 1204 Aurora Way into two single-family lots. He recommended approval of the resolution as presented. Councilman Scalzo stated the development meets all City requirements for subdivisions and expressed his support for the project. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Council Proceedings September 21, 2015 / Page 4 Nays: None Absent: None Motion Carried Unanimously 7. AUTHORIZE ADDITIONAL WORK ON THE ELM/BLANCHARD LIFT STATION IN THE AMOUNT OF $40,850 Councilman Prendiville moved and Councilman Suess seconded that the additional work on the Elm/Blanchard Lift Station in the amount of $40,850 be authorized. City Manager Rose stated staff is recommending two additional upgrades for the Elm/Blanchard Lift Station consisting of collision protection in the amount of $9,700 and force main pipe modifications in the amount of $31,150. He indicated the collision protection would be provided by a barrier wall along the south and west face of the station instead of bollards. The force main pipe modifications are needed to ensure the station operates at its optimum efficiency. City Manager Rose recommended authorization of the additional work for a total amount of $40,850. In response to Councilman Prendiville, Director of Public Works Laoang explained how a force main pipe, a pressurized pipe, operates. Director of Public Works Laoang also stated that the proposed barrier wall will be safer for the station, as well as drivers, and is a better alternative than the bollards. In further response to Councilman Prendiville, City Manager Rose indicated the City would work with the homeowner regarding some landscaping behind the sidewalk to soften the appearance of the wall. 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 8. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 26 BUSINESSES,” ARTICLE V “TOBACCO,” SECTION 26-131 “DEFINITIONS” “TOBACCO PRODUCTS” AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 52 “SMOKE-FREE AIR REGULATIONS” OF THE WHEATON CITY CODE City Manager Rose indicated the two proposed ordinances would regulate the sale of e-cigarettes in the City. He stated the ordinances appear for a first reading and formal action will be taken at the October 5 Council meeting. 9. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD BID TO KOZASK CUSTOM LANDSCAPES, INC. FOR SNOW REMOVAL: PARKING LOTS AND WALKWAYS IN THE AMOUNT OF $131,742 Councilman Suess moved and Councilman Saline seconded that the Procurement Officer’s recommendation be received and the bid for snow removal from parking lots and walkways be awarded to Kozask Custom Landscapes, Inc. in the amount of $131,742. Council Proceedings September 21, 2015 / Page 5 City Manager Rose stated the bid award is for snow removal at the various City-owned parking lots, as well as certain sidewalks in the City. He recommended the Council receive the Procurement Officer’s recommendation and award the bid to Kozask Custom Landscapes, Inc. for snow removal at parking lots and walkways in the amount of $131,742. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 10. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD BID TO KOZASK CUSTOM LANDSCAPES, INC. FOR SNOW REMOVAL: CUL-DE-SACS (PILOT PROGRAM) FOR A BUDGETED AMOUNT OF $20,889 Councilman Rutledge moved and Councilman Suess seconded that the Procurement Officer’s recommendation be received and the bid for snow removal from cul-de-sacs be awarded to Kozask Custom Landscapes, Inc. for a budgeted amount of $20,889. City Manager Rose stated the City has designed a pilot program to improve snow removal efforts from cul- de-sacs south of Butterfield Road. He advised that snow removal from cul-de-sacs is a last priority and accomplishing that work can be challenging for Public Works personnel. He indicated the bid is on an on- call basis and the cost will depend on the amount of snow fall. City Manager Rose recommended award of the bid award to remove snow from cul-de-sacs in a pilot program to Kozask Custom Landscapes, Inc. for a budgeted amount of $20,889. In response to Councilman Suess, Street Superintendent Mike Wakefield stated latitude was included in the bid specifications as to where the snow would be put once removed. Responding to Councilman Prendiville, Street Superintendent Wakefield indicated that 2 inches of snow would be the basis for the call out. 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 September 21, 2015 / Page 6 11. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD BID TO HOERR CONSTRUCTION, INC. FOR SEWER MAIN REHABILITATION IN THE AMOUNT OF $293,170 Councilman Suess moved and Councilman Prendiville seconded that the Procurement Officer’s recommendation be received and the bid for sewer main rehabilitation be awarded to Hoerr Construction, Inc. in the amount of $293.170. City Manager Rose stated the bid award is to continue the City’s efforts in lining aging and deteriorating sanitary and storm sewer pipes within the City. He recommended the Council receive the Procurement Officer’s recommendation and award the bid for sewer main rehabilitation to Hoerr Construction, Inc. in the amount of $293,170. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 12. COUNCIL COMMENT Councilman Scalzo thanked the residents of 111 N. Wheaton Avenue for coming out and sharing their concerns with the City. Mayor Gresk stated that the City recently held its Employee Recognition events. He said the City is fortunate to have so many long-time employees and their length of service and experience helps the City work properly. 13. APPROVAL OF WARRANT Councilman Suess moved and Councilman Prendiville seconded that Warrant No. 664 in the amount of $2,216,860.14 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously Council Proceedings September 21, 2015 / Page 7 14. CLOSED SESSION Councilman Saline moved and Councilwoman Fitch seconded that the Wheaton City Council adjourn to closed session at 8:13 p.m. for the purpose of discussing pending litigation (5 ILCS 120/2(c)(11)). Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: None Motion Carried Unanimously The City Council returned to the open portion of their meeting at 8:26 p.m. 15. ADJOURNMENT Councilman Suess moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:38 p.m. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk