City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, DECEMBER 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 Michael 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: 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. Vincent G. Laoang, Director of Public Works William R. Schultz, Fire Chief Colleen Lavery, Assistant Finance Director Arin Thrower, Public Information Officer Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS None. 3. CITIZENS TO BE HEARD Mr. Joe Mahady, 927 N. Washington Street, feels that raising the tax levy is not the answer with the City’s budget and believes the City should live within its means and not take on projects it does not have the funding for. Mr. Mahady thanked the Mayor and Council, as well as City staff, for their commitment to the City. 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 December 5, 2016 regular Wheaton City Council Meeting, as submitted. 2. Adopt Resolution R-67-16, A Resolution Authorizing the Disposal of Certain Surplus Property (P.W.). 3. Adopt Resolution R-68-16, A Resolution for Construction on State Highway. 4. Adopt Resolution R-69-16, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (316 North Ellis Avenue). Council Proceedings December 19, 2016 / Page 2 5. First Reading of An Ordinance Amending Section 26-83(a) of Section 26-83 “Transmission of Excessive False Alarms, Grounds for Revocation of Permit” of the Wheaton City Code. 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 5. CONTINUE AN ORDINANCE AMENDING THE TEXT OF THE WHEATON ZONING ORDINANCE TO ESTABLISH “MOTHER AND INFANT SUPPORT CENTERS” AS A USE IN THE O-R ZONING DISTRICT TO JANUARY 17, 2017 AND CONTINUE AN ORDINANCE AMENDING ORDINANCE NOS. E-2045, E-3264, F-0140, F-0791, F-1219 AND RESOLUTION NUMBER R-22-07 GRANTING A SPECIAL USE PERMIT FOR A MOTHER AND INFANT CARE CENTER TO OPERATE OUT OF THE EXISTING BUILDING LOCATED AT 301 W. ROOSEVELT ROAD – THE BUTTERFLY GARDEN NFP TO JANUARY 17, 2017 Councilman Suess moved and Councilman Scalzo seconded that An Ordinance Amending the Text of the Wheaton Zoning Ordinance to Establish “Mother and Infant Support Centers” as a Use in the O-R Zoning District and An Ordinance Amending Ordinance Nos. E-2045, E-3264, F-0140, F-0791, F-1219 and Resolution Number R-22-07 Granting a Special Use Permit for a Mother and Infant Care Center to Operate Out of the Existing Building Located at 301 W. Roosevelt Road – The Butterfly Garden NFP, be continued to the January 17, 2017 City Council meeting. City Manager Dzugan stated the City has received a request from the applicant to continue these items to the January 17, 2017. He recommended continuation of the items to the January 17, 2017 City Council meeting as requested. 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 6. PASS ORDINANCE NO. F-1979, AN ORDINANCE AMENDING CHAPTER 22 “BUILDINGS AND BUILDING REGULATIONS,” SECTION 22-7(b) “OVERHEAD STORM SEWERS,” OF THE WHEATON CITY CODE Council Proceedings December 19, 2016 / Page 3 Councilman Suess moved and Councilman Prendiville seconded that Ordinance No. F-1979, An Ordinance Amending Chapter 22 “Buildings and Building Regulations,” Section 22-7(b) “Overhead Storm Sewers,” of the Wheaton City Code, be passed. City Manager Dzugan indicated this ordinance was on the December 5, 2016 City Council agenda for a first reading and codifies the City’s policy to have new sump pumps connect to an available storm sewer. He recommended approval of the ordinance as presented. 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 7. PASS ORDINANCE NO. F-1980, AN ORDINANCE LEVYING TAXES FOR GENERAL AND SPECIAL CORPORATE PURPOSES FOR THE CURRENT FISCAL YEAR COMMENCING ON THE FIRST DAY OF MAY, 2016 AND ENDING ON THE THIRTIETH DAY OF APRIL, 2017 FOR THE CITY OF WHEATON, ILLINOIS Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. F-1980, An Ordinance Levying Taxes for General and Special Corporate Purposes for the Current Fiscal Year Commencing on the First Day of May, 2016 and Ending on the Thirtieth Day of April, 2017 for the City of Wheaton, Illinois, be passed. City Manager Dzugan stated that at the November 29, 2016 Planning Session, the City Council discussed four alternatives for the general property tax levy, and Council directed staff to prepare a levy ordinance for a first reading at the December 5, 2016 Council meeting. He indicated the proposed ordinance would increase the net levy by $311,004, a 1.6% increase from the 2015 tax levy. He stated the levy is based upon capturing new assessed value, which includes the expiration of TIF 1 and new construction. City Manager Dzugan recommended approval of the ordinance as presented. Councilman Suess maintained his position that the levy should not be increased. He believes the City should operate with current revenues and not continue asking residents for additional tax money. Councilman Suess feels the increase is minimal and can be absorbed without an increase in the levy. He stated he would vote against a tax increase. Councilman Prendiville advised that the average homeowner would not see an increase in their tax bill. He stated the City is in an excellent financial position, but there are a large number of capital expenses coming in the next few years. Councilman Prendiville indicated capital funds are needed to maintain the City’s infrastructure and he supports the tax levy as proposed. Councilwoman Fitch stated her position has not changed and she will not be voting in favor of the proposed tax levy. She feels the City should work with other governmental entities, such as the Park District and the School District, in an effort to reduce their portion of the tax burden. Council Proceedings December 19, 2016 / Page 4 Councilman Scalzo reiterated that the average homeowner will see a zero increase in their taxes. He stated the proposed levy is a compromise; instead of raising the levy more to pay for mandatory pension obligations, the City chose the middle ground to avoid raising the tax burden on residents. Councilman Scalzo feels this is the right thing to do and supports the tax levy as presented. Roll Call Vote: Ayes: Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: Councilman Suess Councilwoman Fitch Absent: None Motion Carried 8. PASS ORDINANCE NO. F-1981, AN ORDINANCE AMENDING THE 2016 TAX LEVY CONTAINED IN ORDINANCE NO. F-1980 Councilman Rutledge moved and Councilman Saline seconded that Ordinance No. F-1981, An Ordinance Amending the 2016 Tax Levy Contained in Ordinance No. F-1980, be passed. City Manager Dzugan stated the ordinance before the Council is an abatement ordinance for a portion of the debt service included within the levy just passed by the Council. He recommended its approval. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 9. PASS ORDINANCE NO. F-1982, AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2016 AND ENDING APRIL 30, 2017 IN AND FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER TWO Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance No. F-1982, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2016 and Ending April 30, 2017 in and for the City of Wheaton Special Service Area Number Two, be passed. City Manager Dzugan stated this ordinance establishes the 2016 property tax levy for Special Service Area Number Two which funds parking enforcement in the Central Business District. He recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Scalzo Council Proceedings December 19, 2016 / Page 5 Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Nays: None Absent: None Motion Carried Unanimously 10. PASS ORDINANCE NO. F-1983, AN ORDINANCE MAKING APPROPRIATIONS FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER TWO FOR THE FISCAL YEAR BEGINNING MAY 1, 2016 AND ENDING APRIL 30, 2017 Councilman Saline moved and Councilman Prendiville seconded that Ordinance No. F-1983, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Two for the Fiscal Year Beginning May 1, 2016 and Ending April 30, 2017, be passed. City Manager Dzugan indicated this ordinance appropriates $39,000 for Special Service Area Number Two. He recommended approval of the ordinance. 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 11 . PASS ORDINANCE NO. F-1984, AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2016 AND ENDING APRIL 30, 2017 IN AND FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER THREE Councilman Saline moved and Councilman Scalzo seconded that Ordinance No. F-1984, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2016 and Ending April 30, 2017 in and for the City of Wheaton Special Service Area Number Three, be passed. City Manager Dzugan stated this ordinance establishes the 2016 property tax levy for Special Service Area Number Three which funds maintenance within The Streams subdivision. He recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Council Proceedings December 19, 2016 / Page 6 Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 12 . PASS ORDINANCE NO. F-1985, AN ORDINANCE MAKING APPROPRIATIONS FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER THREE FOR THE FISCAL YEAR BEGINNING MAY 1, 2016 AND ENDING APRIL 30, 2017 Councilman Prendiville moved and Councilwoman Fitch seconded that Ordinance No. F-1985, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Three for the Fiscal Year Beginning May 1, 2016 and Ending April 30, 2017, be passed. City Manager Dzugan stated this ordinance appropriates $12,000 for Special Service Area Number Three and recommended approval of the ordinance. 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 13. PASS ORDINANCE NO. 1986, AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2016 AND ENDING APRIL 30, 2017 IN AND FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER SEVEN Councilwoman Fitch moved and Councilman Prendiville seconded that Ordinance No. 1986, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2016 and Ending April 30, 2017 in and for the City of Wheaton Special Service Area Number Seven, be passed. City Manager Dzugan stated the ordinance establishes the 2016 property tax levy for Special Service Area Number Seven which provides funds for management, maintenance, and promotional services in the Central Business District. He stated the City Council held a Truth in Taxation Public Hearing on December 12, 2016 as this levy contains an increase greater than 5% as a result of the expiration of TIF 1 and the amount of revenue generated by TIF 1 and provided to the Downtown Wheaton Association. City Manager Dzugan recommended approval of the ordinance as submitted. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Council Proceedings December 19, 2016 / Page 7 Nays: None Absent: None Motion Carried Unanimously 14. PASS ORDINANCE NO. F-1987, AN ORDINANCE MAKING APPROPRIATIONS FOR THE CITY OF WHEATON SPECIAL SERVICE AREA NUMBER SEVEN FOR THE FISCAL YEAR BEGINNING MAY 1, 2016 AND ENDING APRIL 30, 2017 Councilman Saline moved and Councilman Scalzo seconded that Ordinance No. F-1987, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Seven for the Fiscal Year Beginning May 1, 2016 and Ending April 30, 2017, be passed. City Manager Dzugan indicated this ordinance would appropriate $110,000 for Special Service Area Number Seven and recommended approval of the ordinance. 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 15. APPROVE APPOINTMENT TO CITY BOARDS/COMMISSIONS Mayor Gresk moved and Councilman Prendiville seconded that Bob Barger be appointed to the Housing Commission for a three-year period. Roll Call Vote: Ayes: Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 16. PASS ORDINANCE NO. F-1988, AN ORDINANCE AUTHORIZING AN EXTENSION OF TIME ON THE VALIDITY OF ORDINANCE NO. F-1780 AND F-1893 – AN ORDINANCE AMENDING THE WHEATON ZONING ORDINANCE MAP AND GRANTING THREE PARKING SETBACK VARIATIONS FOR THE PROPERTY COMMONLY KNOWN AS 209 WEST ROOSEVELT ROAD – WILT Councilman Rutledge moved and Councilman Scalzo seconded that Ordinance No. F-1988, An Ordinance Authorizing an Extension of Time on the Validity of Ordinance No. F-1780 and F-1893 – An Ordinance Council Proceedings December 19, 2016 / Page 8 Amending the Wheaton Zoning Ordinance Map and Granting Three Parking Setback Variations for the Property Commonly Known as 209 West Roosevelt Road – Wilt, be passed. City Manager Dzugan stated the City has received a request from the property owner at 209 W. Roosevelt Road seeking an extension of time to complete site improvements. He stated the property owner anticipates completing the work by July 2017. City Manager Dzugan recommended approval of the ordinance as presented. Roll Call Vote: Ayes: Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 17. PASS ORDINANCE NO. F-1989, AN ORDINANCE AUTHORIZING APPROVAL OF AN EXTENSION OF TIME ON THE VALIDITY OF AND AMENDING ORDINANCE NO. F-1125 – “AN ORDINANCE AMENDING THE WHEATON ZONING MAP BY REZONING CERTAIN REAL ESTATE AND GRANTING A SPECIAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT ON REAL ESTATE COMMONLY LOCATED ON THE SOUTH SIDE OF WIESBROOK ROAD AT LEABROOK LANE – NOZZEL, INC. & COMMONWEALTH EDISON COMPANY” Councilwoman Fitch moved and Councilman Scalzo seconded that Ordinance No. F-1989, An Ordinance Authorizing Approval of an Extension of Time on the Validity of and Amending Ordinance No. F-1125 – “An Ordinance Amending the Wheaton Zoning Map by Rezoning Certain Real Estate and Granting a Special Use Permit for Planned Unit Development on Real Estate Commonly Located on the South Side of Wiesbrook Road at Leabrook Lane – Nozzel, Inc. & Commonwealth Edison Company,” be passed. City Manager Dzugan stated the City has received a request from the property owner for an extension of time for a four- lot single family development on the property located on the south side of Wiesbrook Road at Leabrook Lane. He indicated the extension ordinance contains language providing for a relocation of the public access to the Prairie Path and recommended its approval. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Councilman Suess Nays: None Absent: None Motion Carried Unanimously Council Proceedings December 19, 2016 / Page 9 18. ADOPT RESOLUTION R-70-16, A RESOLUTION AUTHORIZING THE EXECUTION OF A DESIGN SERVICES AGREEMENT WITH PRIMERA ENGINEERS, LTD., FOR DOWNTOWN STREETSCAPE PLAN PHASE I Councilman Prendiville moved and Councilman Rutledge seconded that Resolution R-70-16, A Resolution Authorizing the Execution of a Design Services Agreement with Primera Engineers, Ltd., for Downtown Streetscape Plan Phase I, be adopted. City Manager Dzugan stated the Council has before it a recommendation from the Procurement Officer to adopt a resolution which would authorize execution of a design services agreement with Primera Engineers, Ltd. for design services for the Downtown Streetscape Phase I. He stated Phase I will involve work on Front Street from West Street to Cross Street. City Manager Dzugan anticipates the design services will be completed in the next few months, the City will go out for bid mid-summer of 2017 with utility work being completed during the 2017 construction season and remaining streetscape work during 2018. He recommended the Procurement Officer’s recommendation be received and the resolution authorizing the execution of a Design Services Agreement with Primera Engineers, Ltd. in the amount of $537,090 be adopted. 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 19. FIRST READING OF AN ORDINANCE AMENDING SECTION 22-120, “FALSE FIRE ALARM SERVICE CHARGE” SECTIONS (a) THROUGH (d) OF DIVISION 1 “GENERALLY” OF ARTICLE 10, FIRE CODES, OF CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, OF THE WHEATON CITY CODE City Manager Dzugan stated the amendments proposed to the City Code would eliminate the disparity between the service charges for false alarm between the Police and Fire Departments and allow for a standardized billing process by the City. He indicated this item appears for a first reading and will be placed on the January 3, 2017 agenda for formal action. 20. COUNCIL COMMENT Councilman Suess thanked the City Manager and City employees for their work throughout the year on behalf of the residents of Wheaton and wished everyone a Merry Christmas. 21. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 694 in the amount of $6,303,105.78 be approved. Councilman Suess noted that the warrant amount is higher than usual because it reflects the semi-annual debt payment. Roll Call Vote: Ayes: Councilman Suess Council Proceedings December 19, 2016 / Page 10 Councilwoman Fitch Councilman Prendiville Councilman Rutledge Mayor Gresk Councilman Saline Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 22. ADJOURNMENT Councilman Scalzo moved and Councilman Rutledge seconded that the regular Wheaton City Council Meeting be adjourned at 7:31 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