City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, DECEMBER 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 7:00 p.m. by Mayor Michael J. Gresk. Upon roll call, the following were: Physically Present: Mayor Michael J. Gresk Councilman John Prendiville Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Phil Suess Absent: Councilwoman Suzanne Fitch 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. Robert R. Lehnhardt, Director of Finance John M. Duguay, Director of Human Resources James Volpe, Police Chief Vincent G. Laoang, Director of Public Works Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS None. 3. CITIZENS TO BE HEARD None. 4. CONSENT AGENDA Councilman Suess moved and Councilman Saline seconded that the following action be taken on the Consent Agenda items: 1. Approve the minutes of the December 7, 2015 regular Wheaton City Council Meeting and the minutes of the December 14, 2015 Public Hearing, as submitted. 2. Adopt Resolution R-79-15, A Resolution Authorizing the Disposal of Certain Surplus Property. Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Council Proceedings December 21, 2015 / Page 2 5. PASS ORDINANCE NO. F-1905, AN ORDINANCE OF THE CITY OF WHEATON, DUPAGE COUNTY, ILLINOIS, APPROVING A SECOND AMENDMENT TO THE DOWNTOWN WHEATON REDEVELOPMENT PROJECT REPORT (TIF #1) Councilman Prendiville moved and Councilman Suess seconded that Ordinance No. F-1905, An Ordinance of the City of Wheaton, DuPage County, Illinois, Approving a Second Amendment to the Downtown Wheaton Redevelopment Project Report (TIF #1), be passed. City Manager Rose stated the Council reviewed this item at a public hearing on November 30. He indicated the ordinance would modify the TIF #1 plan to reflect project expenses from $30,156,999 to $31,740,200 and project revenue from $31,163,004 to $31,740,200; it would allow the transfer of surplus funds to TIF #2 for the purpose of completing the central area improvements; and correct the date of completion of the project to December 31, 2016. City Manager Rose recommended approval of the ordinance as submitted. Councilman Saline recognized the success of TIF #1, established in 1993, in increasing property valuation, improving infrastructure and increasing revenue. He stated he would not support the proposed amendment because he believes that the taxing agencies should benefit from the success of this program. Councilman Suess stated it is important to acknowledge what TIF #1 accomplished, but the key component is that the City of Wheaton invested in this area and took on the financial risk associated with that investment. He stated the City is returning TIF #1 to the tax rolls at the end of the 23rd year period and that all taxing bodies will benefit from that. Councilman Suess also believes that reinvestment to further development in TIF #2 is very worthwhile. In response to a question from City Manager Rose, Assistant City Manager Dzugan responded that there has been a $17.6M increase in EAV since 1993 in the TIF #1 district. City Manager Rose indicated that some of the accomplishments include the parking garage downtown and the construction of the townhouses across from the downtown train station. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Councilman Suess Nays: Councilman Saline Absent: Councilwoman Fitch Motion Carried 6. PASS ORDINANCE NO. F-1906, AN ORDINANCE AUTHORIZING THE SIGNING OF A PRE-ANNEXATION AGREEMENT – 1S731 ORCHARD ROAD - WLODAREK Councilman Rutledge moved and Councilman Saline seconded that Ordinance No. F-1906, An Ordinance Authorizing the Signing of a Pre-Annexation Agreement – 1S731 Orchard Road - Wlodarek, be passed. City Manager Rose stated the Council held a public hearing on this issue on December 14, 2015. He stated the applicant has requested a pre-annexation agreement to allow a new home to be built on the property at 1S731 Orchard Road to be connected to the City’s water system. City Manager Rose recommended the City Council also approve the ordinance as presented. Council Proceedings December 21, 2015 / Page 3 Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1907, AN ORDINANCE LEVYING TAXES FOR GENERAL AND SPECIAL CORPORATE PURPOSES FOR THE CURRENT FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY, 2015 AND ENDING ON THE THIRTIETH DAY OF APRIL, 2016 FOR THE CITY OF WHEATON, ILLINOIS Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. F-1907, An Ordinance Levying Taxes for General and Special Corporate Purposes for the Current Fiscal Year Commencing on the First Day of May, 2015 and Ending on the Thirtieth Day of April, 2016 for the City of Wheaton, Illinois, be passed. City Manager Rose stated the levy had been reviewed at the previous two Council meetings and represents a 4% increase, the first time in five years the levy has been increased. He indicated the increase would be used to comply with State requirements for the funding level of police and fire pensions, as well as providing an additional $300,000 to the General Fund. City Manager Rose recommended approval of the ordinance as presented. Councilman Rutledge stated that while he is not a fan of raising taxes, it is important for Wheaton residents to know that only 15% of their tax bills go to the City. He stated the City has set a goal to achieve greater reliance on local sources of income. He wants to ensure that the City is capturing the benefits of the economic growth that is occurring in the City, particularly due to the unpredictability of the State in providing funds to municipalities this year. Councilman Suess indicated he is not in favor of increasing the levy and feels the City can provide City services and invest in infrastructure while maintaining the same levy. He stated the City’s reserves are anticipated to be at 64% by the end of April and believes that with the amount of reserves on hand, the City is in a position to absorb whatever decisions come out of Springfield. Councilman Suess expressed his hope that the City is serious about considering reviewing this matter and abating taxes in March. He suggested the City consider a home rule sales tax and feels that would be a better way of increasing revenue rather than placing a burden on property owners in the City. Councilman Prendiville indicated that the majority of the property taxes residents pay go toward public education, with the City receiving only 12.75% of property taxes. He stated the City’s reserves are high by design to fund future infrastructure projects. Councilman Prendiville stated that if the State institutes a property tax freeze and does not release income tax monies, the City would have a huge hole in its budget and would need to use reserve funds. Councilman Prendiville feels adopting the increased levy is reasonable and supports it. Councilman Scalzo expressed his support for the proposed levy. Council Proceedings December 21, 2015 / Page 4 Councilman Saline stated he would prefer that the City hold the line on property taxes at this point and not pass the problems of Springfield onto our residents. Mayor Gresk stated that Councilman Suess raised an excellent point with regard to the City’s ability to abate taxes next year. He indicated that the increase in pension funding is mandated by the State and the City is required to comply. Mayor Gresk stated he is supportive of the proposed levy and would like to consider a possible tax abatement in March if all goes well at the State level. Councilman Suess stated there has been a lot of discussion about what may or may not happen in Springfield. He reiterated his belief that the City can find $700,000 in its current budget and does not need to increase the tax levy at this time. Councilman Prendiville stated he would like the City to seriously consider tax abatement if Springfield does not cut funding to municipalities. He questioned what possible projects would use the excess reserve funds. City Manager Rose indicated the City needs $2.5M in additional funding for the FAUS road program, stormwater projects which are estimated to be $10M to $12M in the Briarcliffe area, and central business district improvements outside of the TIF area which could total $23M to $24 M. He confirmed there are a lot of unknown factors at play which could possibly have a fairly catastrophic financial impact on the City. City Manager Rose agreed the Council should discuss the possibility of a home rule sales tax which may bring in $1M. Councilman Prendiville stated the growth in the City’s reserves is the result of good financial planning on the part of the City. He stated a healthy reserve fund enabled the City to spend several million dollars on dealing with the Emerald Ash Borer infestation. He feels increasing the levy is the appropriate thing to do at this time. Councilman Suess stated the State recently passed legislation to release Motor Fuel Tax dollars to local municipalities. He agreed it was a conscious decision to build up the City’s reserves but the increase in reserve funds was due to growth in revenues, not due to an increase in taxes. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Nays: Councilman Saline Councilman Suess Absent: Councilwoman Fitch Motion Carried 8. PASS ORDINANCE NO. F-1908, AN ORDINANCE AMENDING THE 2015 TAX LEVY CONTAINED IN ORDINANCE NO. F-1907 Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. F-1908, An Ordinance Amending the 2015 Tax Levy Contained in Ordinance No. F-1907, be passed. City Manager Rose stated the ordinance before the Council is an abatement ordinance for a portion the levy just passed by the Council. He recommended its approval. Council Proceedings December 21, 2015 / Page 5 Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 9. PASS ORDINANCE NO. F-1909, AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2015 AND ENDING APRIL 30, 2016 IN AND FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER TWO Councilman Scalzo moved and Councilman Saline seconded that Ordinance No. F-1909, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2015 and Ending April 30, 2016 in and for the City of Wheaton Special Service Area Number Two, be passed. City Manager Rose stated the levy, in the amount of $41,700, relates to parking enforcement in the Central Business District and he recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 10. PASS ORDINANCE NO. F-1910, AN ORDINANCE MAKING APPROPRIATIONS FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER TWO FOR THE FISCAL YEAR BEGINNING MAY 1, 2015 AND ENDING APRIL 30, 2016 Councilman Saline moved and Councilman Prendiville seconded that Ordinance No. F-1910, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Two for the Fiscal Year Beginning May 1, 2015 and Ending April 30, 2016, be passed. City Manager Rose indicated this ordinance would make the appropriations for Special Service Area Two and recommended approval of the ordinance. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Council Proceedings December 21, 2015 / Page 6 Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 11. PASS ORDINANCE NO. F-1911, AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2015 AND ENDING APRIL 30, 2016 IN AND FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER THREE Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. F-1911, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2015 and Ending April 30, 2016 in and for the City of Wheaton Special Service Area Number Three, be passed. City Manager Rose stated the levy for Special Service Area Three, in the amount of $12,000, is for maintenance activity in The Streams and recommended approval of the ordinance. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 12. PASS ORDINANCE NO. F-1912, AN ORDINANCE MAKING APPROPRIATIONS FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER THREE FOR THE FISCAL YEAR BEGINNING MAY 1, 2015 AND ENDING APRIL 30, 2016 Councilman Scalzo moved and Councilman Saline seconded that Ordinance No. F-1912, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Three for the Fiscal Year Beginning May 1, 2015 and Ending April 30, 2016, be passed. City Manager Rose indicated this ordinance would make the appropriations for Special Service Area Three, and he recommended approval of the ordinance. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Council Proceedings December 21, 2015 / Page 7 13. PASS ORDINANCE NO. F-1913, AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2015 AND ENDING APRIL 30, 2016 IN AND FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER SEVEN Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. F-1913, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2015 and Ending April 30, 2016 in and for the City of Wheaton Special Service Area Number Seven, be passed. City Manager Rose stated the levy Special Service Area Seven, created for the promotional and managerial activities in the Central Business Area, is in the amount of $86,140 and recommended approval of the ordinance. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 14. PASS ORDINANCE NO. F-1914, AN ORDINANCE MAKING APPROPRIATIONS FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER SEVEN FOR THE FISCAL YEAR BEGINNING MAY 1, 2015 AND ENDING APRIL 30, 2016 Councilman Saline moved and Councilman Scalzo seconded that Ordinance No. F-1914, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Seven for the Fiscal Year Beginning May 1, 2015 and Ending April 30, 2016, be passed. City Manager Rose indicated this ordinance would make the appropriations for Special Service Area Seven and recommended approval of the ordinance. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 15. ADOPT RESOLUTION R-80-15, A RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT WITH MICHAEL G. DZUGAN Councilman Suess moved and Councilman Prendiville seconded that Resolution R-80-15, A Resolution Approving an Employment Agreement with Michael G. Dzugan, be adopted. Council Proceedings December 21, 2015 / Page 8 City Manager Rose stated the resolution before the Council would approve an employment agreement with Mike Dzugan for the position of City Manager effective May 1, 2016. He recommended the Council adopt the resolution and approve the employment agreement as submitted. Councilman Prendiville stated he is very happy to vote yes. He indicated Mike Dzugan has been the Assistant City Manager for 24 years and is eminently qualified to be City Manager. He stated the City Manager plays a huge role in the success of a City and feels continuity in leadership is a benefit for Wheaton. Councilman Scalzo offered his congratulations and stated that Mr. Dzugan is a man of integrity and competence and will be a good steward of the City. Councilman Suess acknowledged Mr. Dzugan’s service to the City and feels the success of the City is due to the leadership provided by City Manager Rose and Assistant City Manager Dzugan. He stated having Mr. Dzugan step into the role of City Manager will be a benefit to the City and a credit to both Mr. Rose and Mr. Dzugan. Councilman Saline offered his congratulations for Mr. Dzugan’s new role new responsibilities. Councilman Rutledge concurred with the comments made. Mayor Gresk stated he too is happy to vote yes and agrees with the statements made by other members of the Council. Assistant City Manager Dzugan stated he feels very fortunate to have had the opportunity to work for the City the past 24 years. He stated City Manager Rose has been a great mentor and a great example of how to manage and lead the City. He thanked the Council for their support. Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 16. APPROVE APPOINTMENTS/REAPPOINTMENTS TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Rutledge seconded that the appointment of Hanna Self, Arian Schattke and Christine Richardson to the Environmental Improvement Commission, for three year terms respectively, that the appointment of Scott Weller to the Chair of the Planning & Zoning Board, the appointment of Ron Almiron to the Planning & Zoning Board for a five year term, the reappointment of Sarah Antas to the Fine & Cultural Arts Commission for a three year term, and the reappointment of Paula Barrington to the Wheaton Downtown Design Review Board for a three year term, be approved. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Council Proceedings December 21, 2015 / Page 9 Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 17. FIRST READING OF AN ORDINANCE AMENDING SECTION 38-2 (WAIVER OF EXEMPTION FROM POLICE OFFICER TRAINING STANDARDS,” 38-26 “CREATED; COMPOSITION,” 38-27 “DIVISIONS,” 38-35 “DEPUTY CHIEF OF POLICE; APPOINTMENTS AND RESPONSIBILITIES” AND 35-57 “REQUIREMENTS OF APPOINTMENT” OF CHAPTER 38 “LAW ENFORCEMENT” OF THE WHEATON CITY CODE City Manager Rose indicated the proposed ordinance would allow structural changes in the command staff of the Wheaton Police Department to increase efficiencies and management of the Department. He said the ordinance would also clarify language in the City Code with regard to Auxiliary Police Officers. He stated the ordinance appears on this evening’s agenda for a first reading and will be formally considered at the January 4, 2016 City Council meeting. In response to Councilman Rutledge, Chief Volpe explained that “operations” refers to the police officers on the street and “support” refers to sworn officers and civilian staff who provide support for those officers, such as the investigation and records sections of the department. Councilman Scalzo asked for an explanation of auxiliary officers. Chief Volpe stated the City’s twelve auxiliary officers are sworn police officers, while on duty, who assist full time patrol officers with special events and directing traffic. Chief Volpe stated they are part time officers who work between five and eight hours a week, but no more than 20 hours. 18. RECEIVE THE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #15- 23/TEXT AMENDMENT, REZONING, SPECIAL USE PERMIT & VARIATION/214 AND 220 EAST COLE AVENUE/E.P. DOYLE & SONS AND PASS ORDINANCE NO. F-1915, AN ORDINANCE AMENDING THE TEXT OF THE WHEATON ZONING ORDINANCE FOR NON-RESIDENTIAL PARKING IN NON-RESIDENTIAL ZONING DISTRICTS Councilman Rutledge moved and Councilman Suess seconded that the Planning & Zoning Board Report Re: Zoning Application #15-23/Text Amendment, Rezoning, Special Use Permit & Variation/214 and 220 East Cole Avenue/E.P. Doyle & Sons, be received and that Ordinance No. F-1915, An Ordinance Amending the Text of the Wheaton Zoning Ordinance for Non-Residential Parking in Non-Residential Zoning Districts, be passed. City Manager Rose stated the Wheaton Eye Clinic is requesting approval to construct a 32 space parking lot on the subject property following demolition of the existing residences. He stated a text amendment to the Zoning Ordinance is needed to add property zoned in the O-R Research District to other districts which allow parking within a certain distance from a building. He indicated the request is also for a rezoning of the property to O-R Office Research, as well as certain setback variations. City Manager Rose recommended the Planning & Zoning Board be received and the text amendment ordinance be approved. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Council Proceedings December 21, 2015 / Page 10 Councilman Scalzo Councilman Suess Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 19. PASS ORDINANCE NO. 1916, AN ORDINANCE GRANTING REZONING, SPECIAL USE PERMIT AND VARIATION APPROVAL TO ALLOW THE CONSTRUCTION AND USE OF A PARKING LOT FOR THE WHEATON EYE CLINIC ON A SEPARATE LOT WITHIN 300 FEET OF THE BUILDING OR USE SERVED AT 214 AND 220 EAST COLE AVENUE – E.P. DOYLE AND SONS Councilman Suess moved and Councilman Prendiville seconded that Ordinance No. 1916, An Ordinance Granting Rezoning, Special Use Permit and Variation Approval to Allow the Construction and Use of a Parking Lot for the Wheaton Eye Clinic on a Separate Lot Within 300 Feet of the Building or Use Served at 214 And 220 East Cole Avenue – E.P. Doyle and Sons, be passed. City Manager Rose stated the ordinance before the Council would rezone the property from R-3 Residential to O-R Office Research, would allow the construction and use of a parking lot and would authorize a variation to allow an east interior side yard landscape setback of 12.66 feet in lieu of the required 15 feet. He recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 20. COUNCIL COMMENT Councilman Suess thanked City Manager Rose and the City employees for the work they did during 2015. He said the City is fortunate to have such dedicated employees and dedicated volunteers on the City’s boards and commissions. Councilman Saline stated that there has been a lot of discussion with regard to refugees recently. He stated World Relief, which was established in 1991, has settled 5,500 refugees over the years. He stated Exodus World Service also provides services to refugees. Councilman Saline stated we are a compassionate nation and encouraged everyone to welcome and assist people that are new to our community. Councilman Rutledge stated he has received positive comments on the new streetlights and he thanked the Public Works Department for their work in installing them. Council Proceedings December 21, 2015 / Page 11 21. APPROVAL OF WARRANT Councilman Suess moved and Councilman Saline seconded that Warrant No. 670 in the amount of $2,258,338.18 be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 22. ADJOURNMENT Councilman Scalzo moved and Councilman Saline seconded that the regular Wheaton City Council Meeting be adjourned at 8:18 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk