City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, OCTOBER 5, 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 City Clerk Sharon Barrett- Hagen. Upon roll call, the following were: Physically Present: Councilwoman Suzanne Fitch Councilman John Prendiville Councilman John Rutledge Councilman Thor Saline Councilman Phil Suess Absent: Mayor Michael J. Gresk Councilman Todd Scalzo 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. Paul G. Redman, Director of Engineering Robert R. Lehnhardt, Finance Director John M. Duguay, Director of Human Resources Al R. Schefske, Facilities Manager Sharon Barrett-Hagen, City Clerk 2. APPOINTMENT OF MAYOR PRO TEM Councilman Prendiville moved and Councilman Rutledge seconded that Councilman Suess be appointed Mayor Pro Tem for this evening’s meeting. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Councilman Saline Councilman Suess Councilwoman Fitch Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 3. PRESENTATIONS None. 4. CITIZENS TO BE HEARD None. 5. CONSENT AGENDA Councilman Rutledge moved and Councilman Saline seconded that the following action be taken on the Consent Agenda items: Council Proceedings October 5, 2015 / Page 2 1. Approve the minutes of the September 21, 2015 regular Wheaton City Council Meeting, as submitted. 2. Approve Requests and Authorize the Issuance of Special Event Permits to the Downtown Wheaton Association – DWA Wheaton’s Wedding Walk, DWA Boo-Palooza and 7th Annual Chili Cook-Off and to Emerson PTA – Emerson PTA Turkey Trot 5K. 3. Approve Request for Bond Waiver and Authorize Issuance of Raffle License to the DuPage Association of Women Lawyers. 4. Receive Procurement Officer’s Recommendation and Authorize Bid Award to Ideal Heating Company for Boiler Replacement: Water Department in the amount of $66,871. Roll Call Vote on Consent Agenda: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 6. PASS ORDINANCE NO. F-1887, AN ORDINANCE AMENDING CHAPTER 26 “BUSINESSES,” ARTICLE V “TOBACCO,” SECTION 26-131 “DEFINITIONS,” “TOBACCO PRODUCTS” Councilwoman Fitch moved and Councilman Saline seconded that Ordinance No. F-1887, An Ordinance Amending Chapter 26 “Businesses,” Article V “Tobacco,” Section 26-131 “Definitions,” “Tobacco Products,” be passed. City Manager Rose stated this item appeared on the September 21, 2015 Council agenda for a first reading. He indicated the ordinance would regulate the sale of e-cigarettes and recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1888, AN ORDINANCE AMENDING CHAPTER 52 “SMOKE- FREE AIR REGULATIONS” OF THE WHEATON CITY CODE Councilman Rutledge moved and Councilwoman Fitch seconded that Ordinance No. F-1888, An Ordinance Amending Chapter 52 “Smoke-Free Air Regulations” of the Wheaton City Code, be passed. Council Proceedings October 5, 2015 / Page 3 City Manager Rose indicated this ordinance also appeared on the September 21, 2015 agenda for a first reading. He recommended approval of the ordinance as presented. Mr. Kraig Knidsen, 412 E. Madison, stated he has worked in the tobacco industry for thirty years and asked the Council to keep in mind the fact that most people using alternative nicotine products are trying to eliminate their dependency on nicotine. He also stated the FDA has not found yet compelling reasons to enact regulations on this category of products, but will be releasing a statement in the near future. Mr. Knidsen expressed specific concerns with regard to the third and fourth “Whereas” clauses of the proposed ordinance. He feels the intent of the ordinance is good but would prefer the City wait for federal regulations to be adopted. Councilwoman Fitch feels the ordinance, as written, is well drafted and excludes any product approved by the FDA as a tobacco cessation product. Roll Call Vote: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 8. APPROVE REAPPOINTMENTS TO CITY COMMISSIONS/BOARDS Mayor Pro Tem Suess moved and Councilman Prendiville seconded that the reappointments of Barbara Dutton to the Historic Commission for a three year term, be approved. Roll Call Vote: Ayes: Mayor Pro Tem Suess Councilman Saline Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 42 “OFFENSES AND MISCELLANEOUS PROVISIONS,” ARTICLE I “IN GENERAL,” OF THE WHEATON CITY CODE WITH THE ADDITION OF SECTION 42-33, “GARAGE SALES” City Manager Rose indicated the proposed ordinance would add a section to Chapter 42 of the Wheaton City Code to regulate garage sales throughout the City to reflect current practices. Specifically, the ordinance would limit garage sales to two a year at a specific location and limit the duration of sales to two consecutive days. He stated the ordinance appears for a first reading and formal action will be taken at the October 19 Council meeting. Councilman Prendiville stated the ordinance is the result of complaints the City has received over continuous garage sales that have occurred throughout the summer. Council Proceedings October 5, 2015 / Page 4 Councilman Saline feels more latitude should be provided with regard to the garage sale signs by allowing the signs to be put out the day before the sale and remaining until the end of the sale. He questioned how enforcement of the regulations would be handled. City Manager Rose indicated enforcement would be complaint based. Councilwoman Fitch stated she would be in favor of more leniency with regard to signage. Mayor Pro Tem Suess asked that staff review possible amendments to the ordinance as it pertains to signage as discussed by Council. 10. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND AUTHORIZE COOP PURCHASE IN LIEU OF STANDARD BIDDING PROCESS TO TRANSCHICAGO TRUCK GROUP THROUGH THE ILLINOIS TOLLWAY FOR TWO SINGLE AXLE PLOW/DUMP TRUCKS IN THE AMOUNT OF $350,929 Councilman Saline moved and Councilman Rutledge seconded that the Procurement Officer’s recommendation be received and the Coop Purchase for two single axle plow/dump trucks be awarded to Transchicago Truck Group Through the Illinois Tollway in the amount of $350,929. City Manager Rose stated the Coop Purchase through the Illinois Tollway is for two single axle plow/dump trucks. He recommended the Council receive the Procurement Officer’s recommendation and award the Coop purchase to Transchicago Truck Group for two single axle plow/dump trucks in the amount of $350,929. Roll Call Vote: Ayes: Councilman Saline Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 11. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #15- 17/SPECIAL USE PERMIT & VARIATIONS/525 WEST LINCOLN AVENUE/ENSING AND REFER TO THE CITY ATTORNEY FOR ORDINANCE PREPARATION Councilman Rutledge moved and Councilwoman Fitch seconded that the Planning & Zoning Board Report Re: Zoning Application #15-17/Special Use Permit & Variations/525 West Lincoln Avenue/Ensing be received and the item be referred to the City Attorney for Ordinance Preparation Approving the Request. City Manager Rose referenced the memorandum from Staff Planner Tracy Jones discussing the special use and variations requested for expansion of an existing detached garage to a floor area of 953.4 square feet, as well as side and rear yard setback variations on the property located at 525 West Lincoln Avenue. He stated the Planning & Zoning Board reviewed the request and recommended approval with a 4-1 vote. City Manager Rose recommended the report be received and the item be referred to the City Attorney for an ordinance approving the request. Council Proceedings October 5, 2015 / Page 5 Councilman Rutledge feels the modifications proposed would preserve an old building and render it useable. Mr. Don Ensing and Ms. Shannon Ensing appeared before the Council and responded to questions from Councilwoman Fitch regarding the new stairway to the second floor, the garage area expansion and the covered walkway. Ms. Ensing confirmed that the existing balcony on the second floor and the sliding doors will be removed and the space will be enclosed. Councilwoman Fitch stated that normally the City would not want to see an expansion of a non-conforming structure, but feels the improvements proposed, particularly the installation of a new, safe staircase, is an important objective. Roll Call Vote: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 12. ADOPT RESOLUTION R-58-15, A RESOLUTION AUTHORIZING THE EXECUTION OF A TELECOMMUNICATIONS LICENSE AGREEMENT WITH SIGECOM, LLC d/b/a WOW! Councilman Prendiville moved and Councilman Saline seconded that Resolution R-58-15, A Resolution Authorizing the Execution of a Telecommunications License Agreement with Sigecom, LLC d/b/a WOW!, be adopted. City Manager Rose stated the City entered into a license agreement with WOW! Some time ago and they are now returning with new locations for installation of fiber optic telecommunications cables within the City’s right-of-ways. He indicated that, at this time, the project is currently being proposed for the benefit of Verizon Wireless; however, future projects may be proposed for other wireless network carriers. City Manager Rose recommended adoption of the resolution as presented. Councilman Rutledge stated the term of the agreement is for ten years, with ten year renewal options, and questioned if the City could request a higher level of insurance coverage if needed. City Attorney Knippen replied that could be done. City Attorney Knippen also stated he is working with staff on a master license agreement for fiber optic installations in the City going forward. In response to Councilman Saline, Director of Engineering Redman stated that it may be possible that another carrier, such as AT&T, may install cable in the same locations. He indicated installation is accomplished with directional boring and there are minimal excavation points. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilwoman Fitch Council Proceedings October 5, 2015 / Page 6 Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 13. ADOPT RESOLUTION R-59-15, A RESOLUTION AUTHORIZING THE BINDING OF LIABILITY INSURANCE COVERAGES FOR NOVEMBER 1, 2015 THROUGH OCTOBER 31, 2016 Councilwoman Fitch moved and Councilman Rutledge seconded that Resolution R-59-15, A Resolution Authorizing the Binding of Liability Insurance Coverages for November 1, 2015 Through October 31, 2016, be adopted. City Manager Rose stated the City’s insurance broker, Arthur J. Gallagher, has negotiated insurance plan costs for the City with an overall decrease of 2.1% in premiums and fees. He recommended adoption of the resolution as submitted. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 14. STAFF REPORT – 2005B TIF DISTRICT #3 BONDS – REFINANCING Councilman Prendiville moved and Councilman Rutledge seconded that the staff report regarding refinancing of the 2005B TIF District #3 Bonds be received. City Manager Rose stated that the recession negatively affected the TIF #3 development and resulted in reduced revenue. He indicated that after the developer’s guarantee to pay any shortfall expired, the City’s General Fund loaned funds to cover the debt shortfall over the past two years. City Manager Rose stated staff has consulted with Ehlers on options to refinance the bonds and is requesting direction from the Council on which option to pursue – a traditional public bond sale or a bond issue with direct placement. Finance Director Lehnhardt recommended the second option as it would be less costly and would provide more flexibility to pay down the debt. In response to Councilman Rutledge’s question, Director of Finance Lehnhardt indicated the $760,000 loan from the General Fund cannot be rolled into financing, however, the plan is to advance the December 1 payment which would free up cash to pay off the General Fund. City Manager Rose stated, in other words, the City would not make a December payment on the existing bonds and would use that money to repay the General Fund. In response to Councilman Prendiville, Mr. John Miller, Ehlers, agreed the City would not have any difficulty with direct placement. Mayor Pro Tem Suess questioned the payment schedule. Mr. Miller stated the new issue would replace the previous 2005B bonds and indicated an early call could be included in the documents, perhaps in the last Council Proceedings October 5, 2015 / Page 7 year of the issue. Mayor Pro Tem Suess feels that is a critical point and does not want the City to be precluded from the opportunity for an early payment. Mr. Miller stated that feature could be tailored into the issue based on revenue projections. The general consensus of the Council was to proceed with direct placement. City Manager Rose stated the item will be on the next Council agenda in two weeks. 15. PASS ORDINANCE NO F-1889, AN ORDINANCE REGARDING CERTAIN SECOND AMENDMENTS TO THE REDEVELOPMENT PLAN AND PROJECT FOR THE DOWNTOWN WHEATON REDEVELOPMENT PROJECT AREA, CONVENING A JOINT REVIEW BOARD AND CALLING A PUBLIC HEARING IN CONNECTION THEREWITH Councilwoman Fitch moved and Councilman Prendiville seconded that Ordinance No F-1889, An Ordinance Regarding Certain Second Amendments to the Redevelopment Plan and Project for the Downtown Wheaton Redevelopment Project Area, Convening a Joint Review Board and Calling a Public Hearing in Connection Therewith, be passed. City Manager Rose stated the ordinance before the Council would set in motion the process for the Council to consider an amendment to the TIF #1. He indicated the proposed amendments would modify the budget to reflect actual and estimated revenues and expenditures and would also allow the transfer of surplus funds to TIF #2. City Manager Rose recommended approval of the ordinance as presented. In response to Councilman Rutledge, City Manager Rose stated the Council has the legal authority to transfer the funds. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 16. ADOPT RESOLUTION R-60-15, A RESOLUTION APPROVING THE FINAL PLAT OF NICOLAS AURORA WAY RESUBDIVISION (1102 AURORA WAY) Councilman Rutledge moved and Councilman Saline seconded that Resolution R-60-15, A Resolution Approving the Final Plat of Nicolas Aurora Way Resubdivision (1102 Aurora Way), be adopted. City Manager Rose stated the property owner has submitted an application for final plat approval to subdivide the property at 1102 Aurora Way into two equally sized single family lots. He stated the existing home would be demolished. City Manager Rose stated the request meets all zoning requirements and recommended approval of the resolution as submitted. Roll Call Vote: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilwoman Fitch Councilman Prendiville Council Proceedings October 5, 2015 / Page 8 Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 16. COUNCIL COMMENT None. 17. APPROVAL OF WARRANT Councilman Rutledge moved and Councilman Prendiville seconded that Warrant No. 665 in the amount of $784,240.85 be approved. Roll Call Vote: Ayes: Councilman Rutledge Mayor Pro Tem Suess Councilman Saline Councilwoman Fitch Councilman Prendiville Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously 18. ADJOURNMENT Councilman Saline moved and Councilman Prendiville seconded that the regular Wheaton City Council Meeting be adjourned at 8:02 p.m. Roll Call Vote: Ayes: Councilman Saline Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Pro Tem Suess Nays: None Absent: Mayor Gresk Councilman Scalzo Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk