City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, SEPTEMBER 19, 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 Gresk. Upon roll call, the following were: Physically Present: Mayor Michael J. Gresk Councilwoman Suzanne Fitch (arrived at 7:03 p.m.) Councilman John Prendiville Councilman John Rutledge Councilman Todd Scalzo Councilman Phil Suess Absent: Councilman Thor Saline City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Arin Thrower, Public Information Officer Michael Wakefield, PW Streets Superintendent Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS None. 3. CITIZENS TO BE HEARD Ms. Delores Lee, 1960 Manchester Road, spoke against creation of a Class W liquor license for the DuPage Fair Association. She cited numerous noise complaints neighbors have made and expressed disappointment that the individuals attending the party were ticketed rather than the DuPage Fair Association who allowed the party to take place. Ms. Lee feels Jim McGuire, Fair Association Manager, should be the responsible party. She stated the neighbors remain opposed to the creation of a license category for the fair and would like this matter to be permanently tabled. 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 6, 2016 regular Wheaton City Council Meeting, as submitted. 2. Approve Request for Bond Waiver and Authorize Issuance of Raffle License to the Wheaton North Show Choir. 3. Approve Requests and Authorize Issuance of Special Event Permits to the Downtown Wheaton Association – Witches of Wheaton – Girls Night Out, DWA Boo-Palooza and Annual Chili Cook- Off. Council Proceedings September 19, 2016 / Page 2 4. Receive the Bid Award Recommendation and Award Bid to Advanced Elevator Company for Elevator Maintenance and Service in the amount of $8,608.00. 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. REMOVE AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – ALCOHOLIC BEVERAGES – CLASS W LICENSE – FAIRGROUNDS FROM THE AGENDA FOR SCHEDULING AT A FUTURE DATE Councilman Scalzo moved and Councilman Prendiville seconded that An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Class W License – Fairgrounds, be removed from the agenda for rescheduling at a future date. City Manager Dzugan stated the City Council has considered a request from the DuPage County Fair Association for a new classification of liquor license which would allow the Association to sell alcohol as part of its concession business. He indicated that, at its August 1 meeting, the City Council continued this matter to tonight’s meeting. City Manager Dzugan advised that this request is also under review by DuPage County. In view of the continuing review by DuPage County, City Manager Dzugan recommended this item be removed from the agenda for rescheduling at a future date. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Councilman Suess Nays: None Absent: Councilman Saline Motion Carried Unanimously 6. PASS ORDINANCE NO. F-1962. AN ORDINANCE AMENDING THE OFFICIAL MOTOR VEHICLE AND TRAFFIC SCHEDULES (CHAPTER 70) FOR THE CITY OF WHEATON – PROHIBITED LEFT TURNS Councilman Rutledge moved and Councilwoman Fitch seconded that Ordinance No. F-1962, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton – Prohibited Left Turns, be passed. Council Proceedings September 19, 2016 / Page 3 City Manager Dzugan stated this item appeared on the September 6, 2016 agenda for a first reading. He stated the ordinance would prohibit a left turn from northbound Naperville Road onto East Park Avenue. City Manager Dzugan recommended approval of the ordinance as submitted. In response to Councilman Suess, City Manager Dzugan stated the Engineering Department will send a notice to DuPage County who will then install the appropriate signage. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: Councilman Saline Motion Carried Unanimously 7. PASS ORDINANCE NO. F-1963, AN ORDINANCE AMENDING ORDINANCES E-3191, E- 3328, F-1260, F-1578, F-1676 AND F-1935 “AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT ON A CERTAIN PIECE OF PROPERTY COMMONLY LOCATED AT THE NORTHEAST CORNER OF NAPERVILLE AND BUTTERFIELD ROADS – S & W ASSOCIATES/DANADA FARMS EAST C-3 GENERAL BUSINESS DISTRICT” Councilman Suess moved and Councilman Prendiville seconded that Ordinance No. F-1963, An Ordinance Amending Ordinances E-3191, E-3328, F-1260, F-1578, F-1676 and F-1935 “An Ordinance Granting a Special Use Permit for Planned Unit Development on a Certain Piece of Property Commonly Located at the Northeast Corner of Naperville and Butterfield Roads – S & W Associates/Danada Farms East C-3 General Business District,” be passed. City Manager Dzugan stated the City Council reviewed this request at its September 6, 2016 meeting and directed an ordinance approving the request be prepared. He indicated the ordinance before the Council would approve demolition of the existing IHOP and the construction of a new PDQ restaurant and he recommended its approval. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Nays: None Absent: Councilman Saline Motion Carried Unanimously 8. RECEIVE RECOMMENDATION TO AWARD A TWO YEAR CONTRACT FOR JANITORIAL SERVICES TO ABC COMMERCIAL, INC. IN THE AMOUNT OF $161,070 ANNUALLY Council Proceedings September 19, 2016 / Page 4 Councilman Suess moved and Councilman Rutledge seconded to receive the Recommendation and Award a Two Year Contract for Janitorial Services to ABC Commercial, Inc. in the Amount of $161,070 Annually. City Manager Dzugan indicated that on June 20, 2016 the City awarded a contract for janitorial services to Alpha Building Maintenance with a start date of August 1, 2016. He stated that their performance has been unacceptable and that, after efforts to correct the deficiencies were unsuccessful, both Alpha and the City agreed to terminate the contract. City Manager Dzugan recommended the City award a two-year contract for janitorial services to ABC Commercial, Inc. in the amount of $161,070 annually with a start date of September 20, 2016. Mr. Joe Mahady, 927 N. Washington Street, questioned if ABC Commercial, Inc. will provide insurance to protect the City. Assistant City Manager Duguay confirmed insurance has been provided. 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. ADOPT RESOLUTION R-44-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEATON AND THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY PROVIDING FOR THE EXTENSION OF WATER SUPPLY IMPROVEMENTS AND THE PROVISION OF WATER TO ST. JAMES FARM Councilman Scalzo moved and Councilman Prendiville seconded that Resolution R-44-16, A Resolution Authorizing the Execution of an Intergovernmental Agreement between the City of Wheaton and the Forest Preserve District of DuPage County Providing for the Extension of Water Supply Improvements and the Provision of Water to St. James Farm, be adopted. City Manager Dzugan recommended approval of an intergovernmental agreement with the Forest Preserve District of DuPage County to extend the City’s water system to St. James Farm. He noted in his memorandum to the City Council, he indicated there is a recapture clause that will need further action by the City Council. In response to Councilman Suess, City Manager Dzugan stated recapture fees would be paid to the Forest Preserve District as they are paying for the installation of the water main. He confirmed the fees would be paid by homeowners at the time of connection to the water main. City Manager Dzugan further confirmed the water main would be turned over to the City for ownership and maintenance. Mr. Joe Mahady, 927 N. Washington Street, objected to any paybacks going to the Forest Preserve District. He stated nothing in the agreement referenced the 99 year lease the Forest Preserve District has on the property. Council Proceedings September 19, 2016 / Page 5 Councilwoman Fitch asked if pre-annexation agreements would be required for any properties that tap into the water main. City Attorney Knippen confirmed that is the City’s policy, but that requirement would be at the City’s discretion. He indicated that the properties are not contiguous to the City and are currently in the Warrenville Fire Protection District. He indicated that, due to costs to the City to provide fire protection to the property, the City may decide not to annex the properties. In response to Councilman Rutledge, City Attorney Knippen stated no lease exists as the St. James Farm property was purchased from the McCormick Estate. City Manager Dzugan stated the City is comfortable that water quality and volume will not be affected by this water main extension. Director of Engineering Redman stated the District’s plans also include an automatic flushing device and the water main will be adequate for any properties that may tap in. He confirmed the recapture is intended to recapture the costs for installation of the water main, not the cost for the usage of water, as that will be metered by the City. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: Councilman Saline Motion Carried Unanimously 10. COUNCIL COMMENT Mayor Gresk announced that the Wheaton Franciscan Sisters will hold a Day for Peace and Non-Violence on Sunday, September 25, 2016 at their Chapel at 26W171 Roosevelt Road and encouraged residents to attend. Councilman Suess indicated that residents are under the impression that the new garbage contract would be more expensive than the current program. He stated that the combination of fees for recycling and garbage collection is less than the current sticker cost. Councilman Suess feels this contract will be beneficial to the City’s residents. 11. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 688 in the amount of $2,852,605.45 be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Scalzo Nays: None Council Proceedings September 19, 2016 / Page 6 Absent: Councilman Saline Motion Carried Unanimously 12. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 7:27 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Nays: None Absent: Councilman Saline Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk