City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, MARCH 21, 2016 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 Todd Scalzo Councilman Phil Suess Absent: Councilman Thor Saline City Staff Present: Donald B. Rose, City Manager Michael G. Dzugan, Assistant City Manager James Knippen, City Attorney Paul G. Redman, Director of Engineering John M. Duguay, Director of Human Resources Robert R. Lehnhardt, Director of Finance James Volpe, Police Chief William R. Schultz, Fire Chief Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk presided over a swearing-in ceremony for new police officers Samuel Kaufman and Michael Skerkowicz. 3. CITIZENS TO BE HEARD None. 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 March 7, 2016 regular Wheaton City Council Meeting, as submitted. 2. Approve Request for Bond Waiver and Authorize Issuance of Raffle License to Briar Glen PTC. 3. Adopt Resolution R-11-16, A Resolution Authorizing the Disposal of Certain Surplus Property (Public Works). 4. Approve Requests and Authorize the Issuance of Special Event Permits to Wheaton Park District – Fun Run in Color, Go Fly a Kite, Taste of Wheaton, Cosley Zoo Run for the Animals, July 3rd Fireworks and 4th of July Parade, Brew Fest 2016, Shakespeare in the Park 2016, FT Cares Foundation: Light the Torch 5K and Wheaton Lions Club Reindeer Run 2016. 5. Approve the issuance of Outdoor Special Event Liquor Licenses to the Wheaton Park District for the Taste of Wheaton and Wheaton Brew Fest 2016. Council Proceedings March 21, 2016 / Page 2 6. Receive the Procurement Officer’s Recommendation and Award Bid for Engineering Services: Generator Replacement Countryside and President Pump Stations to Baxter Woodman, Inc. in the amount of $61,340. 7. Adopt Resolution R-12-16, A Resolution for the Improvement by Municipality Under the Illinois Highway Code ((2016 Road, Sewer and Water Rehabilitation Program) Roll Call Vote on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Saline Motion Carried Unanimously 5. PASS ORDINANCE NO. F-1922, AN ORDINANCE AMENDING APPENDIX B (FEE SCHEDULE), SECTION B-9 (FIRE DEPARTMENT FEES) OF THE WHEATON CITY CODE Councilman Rutledge moved and Councilman Prendiville seconded that Ordinance No. F-1922, An Ordinance Amending Appendix B (Fee Schedule), Section B-9 (Fire Department Fees) of the Wheaton City Code, be passed. City Manager Rose stated this item appeared on the March 7 Council Agenda for a first reading. He stated the ordinance increases fees for paramedic services and recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Scalzo Councilman Suess Councilman Prendiville Nays: Councilwoman Fitch Absent: Councilman Saline Motion Carried 6. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZONING APPLICATION #16- 01/VARIATIONS/222 WEST ROOSEVELT ROAD/PESAVENTO AND PASS ORDINANCE NO. F- 1923, AN ORDINANCE GRANTING MULTIPLE SETBACK VARIATIONS ON A CERTAIN PIECE OF PROPERTY COMMONLY KNOWN AS 222 WEST ROOSEVELT ROAD - PESAVENTO Councilman Suess moved and Councilwoman Fitch seconded that the Planning & Zoning Board Report Re: Zoning Application #16-01/Variations/222 West Roosevelt Road/Pesavento be received and Ordinance No. F-1923, An Ordinance Granting Multiple Setback Variations On A Certain Piece Of Property Commonly Known As 222 West Roosevelt Road – Pesavento, be passed. City Manager Rose stated the Council received a memorandum from the Staff Planner relating to a request for several setback variations for the existing building at 222 W. Roosevelt Road to be used for a business and professional office. He stated the Planning & Zoning Board approved this request with a 5-0 vote at Council Proceedings March 21, 2016 / Page 3 their meeting on March 8, 2016 with the condition that a six foot tall privacy fence be installed along the west, south and east sides of the property. City Manager Rose recommended the Planning & Zoning Board report be received and the proposed ordinance be passed. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Saline Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1924, AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – ALCOHOLIC BEVERAGES AND AUTHORIZE ISSUANCE OF AN OUTDOOR SPECIAL EVENT LIQUOR LICENSE TO WARREN’S ALE HOUSE Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance No. F-1924, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages, be passed and that an Outdoor Special Event Liquor License be Issued to Warren’s Ale House. City Manager Rose stated that, at their March 10, 2016 meeting, the Liquor Control Commission reviewed and recommended approval of an amendment to the Wheaton Liquor Ordinance which would authorize issuance of outdoor special event liquor licenses to Class A, B, or I licensees in certain instances. City Manager Rose stated that if the Council concurs with the recommendation from the Liquor Control Commission, the appropriate motion would to approve the ordinance as submitted and issue an outdoor special event liquor license to Warren’s Ale House for an event they would like to hold on April 30, 2016. Councilman Rutledge questioned why the ordinance is limited to one event per calendar year. City Attorney Knippen stated the applicant only requested a one day event. He stated staff felt a one day limitation would be a good place to start since this would be the first such license issued for an event on private property rather than on public property. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: Councilman Saline Motion Carried Unanimously 8. RECEIVE THE PROCUREMENT OFFICER’S RECOMMENDATION AND AWARD THE BID FOR THE 2016 ROAD, SEWER AND WATER REHABILITATION PROGRAM TO PLOTE CONSTRUCTION, INC. IN THE AMOUNT OF $3,198,918 Council Proceedings March 21, 2016 / Page 4 Councilman Suess moved and Councilman Rutledge seconded that the Procurement Officer’s Recommendation be received and the bid for the 2016 Road, Sewer and Water Rehabilitation Program be awarded to Plote Construction, Inc. in the amount of $3,198,918. City Manager Rose stated the Procurement Officer has recommended to award the bid for the 2016 Road Program to Plote Construction, Inc. City Manager Rose recommended the Council approve the Procurement Officer’s recommendation and award the bid to Plote Construction, Inc. in the amount of $3,198,918. Councilman Suess asked how much money was spent on the road program last year. Director of Engineering Redman stated he believes more money was spent in 2015 due to water main work, but that he would provide that information to the Council. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Saline Motion Carried Unanimously 9. FIRST READING OF AN ORDINANCE AMENDING ARTICLE XV “UNIFORM STANDARDS FOR INSTALLATION, MAINTENANCE AND TRANSMISSION FOR PRIVATE FIRE ALARM SYSTEMS CONNECTED TO THE CITY OF WHEATON’S WIRELESS ALARM NETWORK” OF CHAPTER 22 “BUILDINGS AND BUILDING REGULATIONS” OF THE WHEATON CITY CODE City Manager Rose stated the proposed ordinance would amend the City’s wireless alarm regulations. He indicated this item appears on the Agenda for a first reading and will be formally considered at the April 4, 2016 City Council meeting. 10. PASS ORDINANCE NO. F-1925, AN ORDINANCE ABATING A PORTION OF THE 2015 TAX LEVY FOR CORPORATE PURPOSES CONTAINED IN ORDINANCE NO. F-1907 City Manager Rose stated last December the Council passed the first tax levy increase in five years which included $300,000 for the General Fund and an additional $471,343 to cover increases in the City’s contribution to Police and Fire pensions. He indicated that during the recent budget workshops, he recommended the Council approve the abatement of the $300,000 and retain the levy increase for the Police and Fire pensions. City Manager Rose stated two ordinances have been proposed for the Council’s consideration; the first option would abate $300,000 in General Fund monies and the second option would be to decrease the levy by a total amount of $771,343. He asked for direction from the City Council as to which option they would prefer. Councilman Suess moved and Councilwoman Fitch seconded that the City Council approve the second option for an abatement of the tax levy in the amount of $771,343. Representative Jeannie Ives, 903 S. Hale Street, understands the concerns municipalities have with regard to the potential taking of funds by the State of Illinois and assured the Council that members on both sides of the aisle are working to protect those funds for Illinois municipalities. Representative Ives stated the Council Proceedings March 21, 2016 / Page 5 State of Illinois is #2 in the nation for the highest property taxes and #1 for taxes overall and the State is losing property owners due to high taxes. She stated the City of Wheaton has been able to keep the tax levy flat for the last five years, even during difficult times, based in part on receipt of monies from the State of Illinois. She feels the City of Wheaton could be a force for reform with regard to not only Local Government Distributive Funds (LGDF), but also with regard to workers’ compensation and pension reform. Councilman Rutledge stated that assessed value from new construction in the City of Wheaton should be considered and captured as the City establishes its levy on an annual basis. He stated he opposed the complete abatement but would support an abatement of $300,000. Councilman Prendiville agreed with statements made by Councilman Rutledge and would support an abatement of $300,000. He feels we need to keep pace with rising pension costs while maintaining a level property tax on the residents of the City. Councilwoman Fitch stated she would like to see a full abatement, but indicated that if a full abatement could not be achieved, she would vote for an abatement of the $300,000 amount. Councilman Scalzo supports an abatement of $300,000. He stated one of the City’s goals was to be more revenue independent from the State and that includes raising our own revenue. He indicated that there is still some uncertainty about actions the State may take with regard to a possible property tax freeze and State distributed revenue. Councilman Suess stated that budget workshops were recently held and the City was able to fund all of the City’s various programs, including increases to some programs. He feels the City has been able to avoid tax increases in the past and has benefitted from controlled spending, an expanded tax base, increased revenues and smart financial management. He does not believe that higher property taxes will be conducive to encouraging economic development. Councilman Suess believes there is no reason for the City to increase property taxes and should instead act in the best interests of our citizens and abate the entire amount of $771,343. Mayor Gresk said he agreed with a full abatement. Councilman Prendiville feels that the past discussion was that if the State decided not to decrease the City’s share of LGDF, then the City would abate the tax. He stated he was very happy to follow the advice of City Manager Rose and abate only the $300,000 amount. He indicated that because of the new growth in assessed value referenced by Councilman Rutledge, his share of taxes paid to the City have actually decreased. Councilman Rutledge stated his view is that the only reason property taxes go down is due to the increased assessed value on new development. He clarified the point that this is not an increase on individuals, it is increased revenues due to an increase in assessed value directly attributable to new development. Councilman Suess feels that if anyone believes that raising the levy by $771,343 is not going to result in a tax increase for anybody, they are mistaken. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Mayor Gresk Council Proceedings March 21, 2016 / Page 6 Nays: Councilman Prendiville Councilman Rutledge Councilman Scalzo Absent: Councilman Saline Motion Failed Councilman Prendiville moved and Councilman Rutledge seconded that the City Council approve the first option for an abatement of the tax levy in the amount of $300,000. Councilman Suess asked that it be documented in the record that three Council members voted for raising taxes on the community. He asked if there was a way to defer the vote due to the absence of a Council member. In response to City Manager Rose, Finance Director Lehnhardt stated the abatement needs to be filed with DuPage County no later than next Tuesday. Councilwoman Fitch reiterated that if there was no agreement to abate the entire amount, she would be in favor of abating the $300,000 amount. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: Councilman Saline Motion Carried Unanimously 11. COUNCIL COMMENT Councilman Rutledge thanked the two new police officers for serving the City. 12. APPROVAL OF WARRANT Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 676 in the amount of $1,251,083.66 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Saline Motion Carried Unanimously Council Proceedings March 21, 2016 / Page 7 13. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 7:39 p.m. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Saline Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk