City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, NOVEMBER 16, 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 7:00 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 Paul G. Redman, Director of Engineering James Knippen, City Attorney Robert R. Lehnhardt, Director of Finance Sharon Barrett-Hagen, City Clerk 2. REPORT OF THE CITY MANAGER City Manager Rose reported that a bid opening was held for bonds as they relate to the TIF 3 refunding/refinancing. He stated Director of Finance Lehnhardt had provided the Council with information on this event and advised the Council that the low bid was made by Wheaton Bank and Trust with a true interest cost of 1.98% for the new bonds. City Manager Rose indicated this is a five year bond issue, with the ability to pay off $500,000 in 2018 or 2019. He indicated the earliest projection the City will have the funds to do so will be late 2018 or early 2019. 3. PRESENTATIONS None. 4. CITIZENS TO BE HEARD Ms. Nancy Flannery, 816 W. Elm Street, Chair of the Historic Commission, requested that the Council uphold the denial by the Downtown Design Review Board to allow the property owners at 111-113 N. Main Street to paint the brick façade of their building. She indicated the Historic Commission feels strongly that the appeal should be denied and reported that the Commission had voted unanimously for denial of the appeal. 5. CONSENT AGENDA Councilman Suess questioned the significance of Item #5 on the Consent Agenda. City Attorney Knippen responded that an amendment to the Subdivision Improvement Agreement is needed to allow the developer to provide two separate security letters of credit for each portion of the development. He confirmed the City will be legally protected under this amendment. Councilman Rutledge moved and Councilman Prendiville seconded that the following action be taken on the Consent Agenda items: Council Proceedings November 16, 2015 / Page 2 1. Approve the minutes of the November 2, 2015 regular Wheaton City Council Meeting, as submitted. 2. Receive Director of Engineering’s Recommendation and Award Bid for Sanitary Sewer Service Line Repairs to Suburban General Construction in the amount of $24,224. 3. Pass Ordinance No. F-1899, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6, Article III – Decrease in Class A Liquor License/L’Anne/281 Town Square. 4. Receive the Procurement Officer’s Recommendation and Award Bid for two 2016 Ford Utility Trucks to Morrow Brothers Ford Through the Illinois State Contract in the Amount of $55,290. 5. Receive the Procurement Officer’s Recommendation and Award Bid for four 2016 Dodge Chargers to Wright Automotive, Inc. Through the Illinois State Contract in the Amount of $93,080. 6. Adopt Resolution R-70-15, A Resolution Authorizing the Execution of a Second Amended Planned Unit Development Subdivision Improvement Agreement for Courthouse Square. 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 6. FIRST READING OF AN ORDINANCE AMENDING ARTICLE VIII, “MINI BIKES, GO- KARTS AND SNOWMOBILES,” SECTIONS 70-541 THROUGH 70-546 OF CHAPTER 70 “TRAFFIC AND VEHICLES,” OF THE WHEATON CITY CODE City Manager Rose stated the proposed ordinance would update certain sections of Chapter 70 of the Wheaton City Code that were adopted in the 1980’s. He stated the item appears for a first reading and formal action will be taken at the next City Council meeting. 7. ADOPT RESOLUTION R-71-15, A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMERCIAL SUBLEASE BETWEEN THE CITY OF WHEATON AND BENSIDOUN USA – WINTER MARKET Councilman Prendiville moved and Councilwoman Fitch seconded that Resolution R-71-15, A Resolution Authorizing the Execution of a Commercial Sublease Between the City of Wheaton and Bensidoun USA – Winter Market, be adopted. City Manager Rose stated the sublease before the Council would allow Bensidoun to operate a Winter Market in the Downtown Train Station on Saturdays from November 21, 2015 to March 26, 2016. He recommended approval of the resolution and sublease as presented. Roll Call Vote: Ayes: Councilman Prendiville Council Proceedings November 16, 2015 / Page 3 Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 8. PASS ORDINANCE NO. F-1900, AN ORDINANCE AMENDING ORDINANCE NOS. E-1156 AND F-1885 “AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT FOR THE PARCEL OF PROPERTY COMMONLY CALLED THE AURORA YARDS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF” Councilman Scalzo moved and Councilman Suess seconded that Ordinance No. F-1900, An Ordinance Amending Ordinance Nos. E-1156 and F-1885 “An Ordinance Authorizing the Issuance of a Conditional Use Permit and Planned Development for the Parcel of Property Commonly Called The Aurora Yards and More Particularly Described in Exhibit A Attached Hereto and Made a Part Hereof,” be passed. City Manager Rose indicated the City has received a request from the owners of Wheaton Center to allow the construction of a generator enclosure and installation of a generator to provide emergency power to the elevators and hallway lighting in the event of a power outage. He stated the generator and generator enclosure will be located at the northwest corner of the west garage, just north of the recently approved dog park. City Manager Rose recommended approval of the ordinance as presented. 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 9. RECEIVE THE STAFF REPORT REGARDING AN APPEAL OF A DECISION OF THE DOWNTOWN WHEATON DESIGN REVIEW BOARD DENYING A REQUEST FROM THE PROPERTY OWNER OF 111-113 N. MAIN STREET TO PAINT THE BRICK FACADE Councilman Suess moved and Councilman Saline seconded to receive the staff report regarding an appeal of a decision of the Downtown Wheaton Design Review Board denying a request from the property owner of 111-113 N. Main Street to paint the brick façade. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Council Proceedings November 16, 2015 / Page 4 Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously City Manager Rose stated the property owner of 111-113 N. Main Street appeared before the Downtown Wheaton Design Review Board to request permission to paint the brick façade on the building. He reported that the Downtown Wheaton Design Review Board denied the request and the property owner is now appealing that denial to the City Council. City Manager Rose indicated staff has recommended the Council uphold the decision of the Downtown Wheaton Design Review Board and deny the appeal. Mr. Randy Jostes, 1603 Stonebridge Trail, agent for the property owner, stated the property owners have had a restaurant in Wheaton for 20 years and are looking for a fresh look in their new location. He indicated the problem the owners are facing is that there are different kinds of brick on the building, one of which is more like a glazed tile, which cannot be cleaned. He stated he feels the only option they have is to paint it, similar to other businesses in the Downtown, such as Zazu and Bella Roba. In response to Councilman Suess, Mr. Jostes stated tuckpointing work has been done, which resulted in three different colors on the building because he could not match the existing brick. In response to Councilman Saline, Mr. Jostes stated they would apply a masonry primer which would bond to the glazed brick and then apply the paint. Councilman Prendiville indicated that staff believes the brick can be cleaned. Mr. Jostes stated he reviewed the information provided by staff regarding cleaning methods for the brick but his attempts to clean the brick using those techniques were not successful on this specific type of brick. Councilman Scalzo believes this is a subjective decision. He believes that the property owner wants an attractive building and feels this is not a major departure from what has been done on other buildings. He stated he would allow the property owner to paint the brick. Councilwoman Fitch stated she would also support the property owner and feels this is a nice design. She questioned at what point do regulations go too far and end up infringing on the rights of the property owner. Councilman Rutledge stated he had not had a chance to inspect the site and requested additional time to allow him to do so prior to making any decision. He did state that he would rely more on staff’s recommendation and the decision made by the Downtown Design Review Board. Mayor Gresk stated he values the decision made by the Downtown Design Review Board. He questioned how other buildings were allowed to be painted. Councilman Suess feels that the property owner is making an investment in the City and is proposing to solve a problem by renovating the building. He suggested the City revisit the purpose of the Downtown Design Review Board as he does not understand why there are rules that go above and beyond the Zoning Ordinance. Councilman Suess expressed his support for painting the building. Council Proceedings November 16, 2015 / Page 5 Councilman Suess moved, and Councilman Saline seconded that the appeal of the Downtown Design Review Board be approved and the property owner be allowed to paint the brick, but not the limestone on the building at 111-113 N. Main Street. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Rutledge Councilman Saline Councilman Scalzo Nays: Councilman Prendiville Mayor Gresk Absent: None Motion Carried 10. ADOPT RESOLUTION R-72-15, A RESOLUTION OF THE CITY OF WHEATON, DUPAGE COUNTY, ILLINOIS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSTRUCTION, USE, AND INDEMNIFICATION AGREEMENT – WINTER VESTIBULE – GIA MIA – 106 N. HALE STREET Councilman Saline moved and Councilwoman Fitch seconded that Resolution R-72-15, A Resolution of the City of Wheaton, DuPage County, Illinois, Authorizing the Mayor and City Clerk to Execute a Construction, Use, and Indemnification Agreement – Winter Vestibule – Gia Mia – 106 N. Hale Street, be adopted. City Manager Rose stated that Gia Mia Pizza Bar has requested approval to install a temporary winter vestibule which would encroach four feet onto the public sidewalk. He stated staff has reviewed this request and has not expressed any concerns with this proposal. City Manager Rose recommended approval of the request as submitted. In response to Councilman Saline, Assistant City Manager Dzugan confirmed the agreement would expire on April 1, 2016. Councilman Rutledge expressed his concern about the visual appearance of the structure and questioned if Gia Mia would return every year with this request. Ms. Karen Fitzgerald, Business Manager, Gia Mia, confirmed the vestibule would be installed in November and would be removed April 1. She agreed it is not an attractive structure but serves more of a functional use to block cold air from the restaurant patrons. She indicated it is possible they may return with a similar request next year. 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 Council Proceedings November 16, 2015 / Page 6 11. REVIEW OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT – YEAR ENDED APRIL 30, 2015 City Manager Rose stated the Director of Finance had previously provided the Comprehensive Annual Financial Report (CAFR) to the Council. He indicated it is also available on the City’s website. Director of Finance Lehnhardt introduced Mr. Jason Coyle of Baker Tilley, the City’s auditors, who reviewed certain sections of the CAFR. Mr. Coyle stated that 78% of the City’s expenditures go back into the community via public works projects and public safety. He indicated that the fund balance shown on page 21 of the CAFR shows a fund balance which is 64% of expenditures, which is a good position for the City. Mr. Coyle also discussed funding for fire pensions, which are funded at approximately 61% and police pensions, which are funded at approximately 76%, which is better than some other communities. Mr. Coyle stated they found nothing that raised any concerns about the City’s controls and operations and have no recommendations to make for changes in that regard. In response to Councilman Suess, Mr. Coyle stated the City has slightly over $50M cash on hand. 12. COUNCIL COMMENT Councilman Suess thanked Director of Finance Lehnhardt and his staff for the clean audit opinion the City received. He also commended Director of Finance Lehnhardt for his work on refinancing the TIF 3 bonds. Councilman Rutledge stated the Chili Cook Off was tremendous and over 1,000 tickets were sold. He also welcomed the three students attending COD through a State Department program who attended the meeting. In response to Councilman Scalzo, Paula Barrington, Executive Director, Downtown Wheaton Association, confirmed the winners of the Chili Cook Off were Ivy, who won the Critic’s Choice, and Emmett’s Brewing Company, who won the Public’s Choice. 13. APPROVAL OF WARRANT Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 668 in the amount of $1,972,692.60 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 14. CLOSED SESSION Councilman Prendiville moved and Councilman Scalzo seconded that the Wheaton City Council adjourn to closed session at 8:09 p.m. for the purpose of discussing Review of Closed Session Minutes (5 ILCS 120/2(c)(21)) and Personnel – Employment Contract/Appointment (5 ILCS 120/2(c)(1)). Council Proceedings November 16, 2015 / Page 7 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 The City Council returned to the open portion of their meeting at 8:31 p.m. 15. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 8:32 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