City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MONDAY, MAY 7, 2018 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 Michael Barbier Councilwoman Suzanne Fitch Councilman John Prendiville Councilman John Rutledge Councilman Todd Scalzo Councilman Phil Suess Absent: None City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. James Knippen, City Attorney Vincent G. Laoang, Director of Public Works Chad W. Michaelis, Director of Information Technology Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS Mayor Gresk read and presented a proclamation to Public Works Director Vince Laoang, proclaiming May 20 – 26, 2018 as “National Public Works Week” in Wheaton. Public Works Director Laoang thanked the Mayor and City Council for the recognition and read a statement from the National Public Works Association regarding National Public Works Week. Mayor Gresk read and presented a proclamation to Ms. Nancy Flannery, proclaiming May as “Wheaton Historic Preservation Month.” Ms. Flannery thanked the Mayor and Council for the proclamation and recognition for the importance of the preservation of history. Ms. Flannery presented a “2018 Wheaton Preservation Award” to John and Deb Lorentsen for their efforts to preserve the Jesse C. Wheaton Home, built in 1850. She announced that a “2018 Wheaton Preservation Award” was also given to Drs. Bryan and Danielle Bauer for their efforts to preserve the Warren L. Wheaton Home, built in 1848. Mayor Gresk read and presented a proclamation to Ms. Larniecia “Nominee” Smith, proclaiming the first Saturday of May as “National Auctioneers Day” and the preceding week as “National Auctioneers Week” in the City of Wheaton. Ms. Smith stated she is a candidate for an Illinois Auctioneers License and thanked the Mayor and City Council for the proclamation. 3. CITIZENS TO BE HEARD None. Council Proceedings May 7, 2018/ Page 2 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 April 9, 2018 Public Hearing and the April 16, 2018 regular Wheaton City Council Meeting, as submitted. 2. Approve Bond Waiver and Authorize Issuance of Raffle License to the DuPage County 4-H Foundation. 3. Approve Requests and Authorize Issuance of Special Event Permits to the Wheaton Park District – July 3rd Fireworks Display, 4th of July Parade, Wheaton Brew Fest 2018, FT Cares Foundation: Light the Torch 5K 2018 and Wheaton Lions Club Reindeer Run 2018. Roll Call Vote on Consent Agenda Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 5. PASS ORDINANCE NO. O-2018-21, AN ORDINANCE OF THE CITY OF WHEATON, DU PAGE COUNTY, ILLINOIS APPROVING A FOURTH AMENDMENT TO THE WHEATON MAIN STREET REDEVELOPMENT AREA PROJECT AND PLAN Councilman Prendiville moved and Councilman Suess seconded that Ordinance No. O-2018-21, An Ordinance of the City of Wheaton, DuPage County, Illinois Approving a Fourth Amendment to the Wheaton Main Street Redevelopment Area Project and Plan, be passed. City Manager Dzugan advised a public hearing was held by the City Council on April 9. He stated the ordinance proposes a fourth amendment of the TIF 2 redevelopment area project and plan which modifies costs of the project to reflect actual expenses that have occurred to date and updates the costs for the public improvements being completed as part of the Downtown Streetscape Project. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously Council Proceedings May 7, 2018/ Page 3 6. PASS ORDINANCE NO. O-2018-22, AN ORDINANCE OF THE CITY OF WHEATON, DU PAGE COUNTY, ILLINOIS APPROVING A SECOND AMENDMENT TO THE COURTHOUSE REDEVELOPMENT PROJECT AREA PLAN AND PROGRAM Councilman Rutledge moved and Councilman Scalzo seconded that Ordinance No. O-2018-22, An Ordinance of the City of Wheaton, DuPage County, Illinois Approving a Second Amendment to the Courthouse Redevelopment Project Area Plan and Program, be passed. City Manager Dzugan advised a public hearing was held by the City Council on April 9. He stated the ordinance proposes a second amendment of the TIF 3 redevelopment area project and plan to reflect actual expenses that have occurred to date, provides for a possible transfer of funds to TIF 2 and the possible assembly of newly identified properties within the flood plain. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 7. APPROVE APPOINTMENTS/REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS Mayor Gresk moved and Councilman Prendiville seconded that Meaghan Jorgensen and Andrew Welder be appointed to the Historic Commission, each for a three-year term, Brett Mathieson be reappointed to the Board of Trustees Police Pension Fund for a two-year term and Anne Wanzenberg to be reappointed to the Board of Fire & Police Commissioners for a three-year term. Roll Call Vote: Ayes: Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Nays: None Absent: None Motion Carried Unanimously 8. ADOPT RESOLUTION R-2018-37, A RESOLUTION AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN THE MAIN STREET RESURFACING PROJECT Councilman Scalzo moved and Councilwoman Fitch seconded that Resolution R-2018-37, A Resolution Authorizing Execution of a Local Public Agency Agreement with the Illinois Department of Transportation for Federal Participation in the Main Street Resurfacing Project, be adopted. Council Proceedings May 7, 2018/ Page 4 City Manager Dzugan stated the proposed resolution would authorize an agreement with the Illinois Department of Transportation in order for federal dollars to be received to fund half of the construction cost to resurface Main Street from Seminary Avenue to Cole Avenue. The total cost for the project is estimated to be $1.1MM with the City’s share to be $540,000. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 9. ADOPT RESOLUTION R-2018-38, A RESOLUTION AUTHORIZING EXECUTION OF A CONSTRUCTION ENGINEERING SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR FEDERAL PARTICIPATION IN THE MAIN STREET RESURFACING PROJECT Councilman Suess moved and Councilman Prendiville seconded that Resolution R-2018-38, A Resolution Authorizing Execution of a Construction Engineering Services Agreement with HDR Engineering, Inc. for Federal Participation in the Main Street Resurfacing Project, be adopted. City Manager Dzugan stated this item relates to the previous item and would allow for federal dollars to fund half of the construction observation engineering services for the Main Street Resurfacing Project. Cost to the City will be approximately $55,000. He indicated that the City has not received reimbursement for these costs in the past, but staff has applied for reimbursement of these costs for this project. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 10. RECEIVE PLANNING & ZONING BOARD REPORT RE: ZA #18-04/TEXT AMENDMENT/ARTICLE 22.4.9/PARKING LOT LIGHTING AND REFER TO CITY ATTORNEY FOR ORDINANCE PREPARATION Councilman Rutledge moved and Councilwoman Fitch seconded that the Planning & Zoning Board Report Re: ZA #18-04/Text Amendment/Article 22.4.9/Parking Lot Lighting be Received and the Matter be Referred to the City Attorney for Ordinance Preparation approving the text amendment. Council Proceedings May 7, 2018/ Page 5 City Manager Dzugan stated staff has recommended a text amendment to the City’s Zoning Ordinance which would require parking lot LED lighting to have cut-off shields to prevent glare. He indicated the proposed amendment ensued from a previous discussion of parking lot lighting at Wheaton Sports Center. Councilman Rutledge stated this amendment addresses changes in lighting technology. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 11. PASS ORDINANCE NO. O-2018-23, AN ORDINANCE AMENDING THE CITY OF WHEATON ORDINANCE NUMBER E-3495 “AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR AN OFFICE BUILDING ON THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ROOSEVELT ROAD AND NAPERVILLE ROAD AND COMMONLY KNOWN AS 300 EAST ROOSEVELT ROAD – RATHJE, WOODWARD, DYER & BURT” Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. O-2018-23, An Ordinance Amending the City of Wheaton Ordinance Number E-3495 “An Ordinance Granting a Special Use Permit for an Office Building on the Property Located at the Southeast Corner of Roosevelt Road and Naperville Road and Commonly Known as 300 East Roosevelt Road – Rathje, Woodward, Dyer & Burt,” be passed. City Manager Dzugan stated the proposed ordinance would allow for a 48 square foot sign at the southeast corner of Roosevelt Road and Naperville Road, replacing the current 35 square foot sign allowed when the property was originally developed. He confirmed that the proposed 48 square foot sign is permitted by the City’s Zoning Ordinance. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Nays: None Absent: None Motion Carried Unanimously 12. PASS ORDINANCE NO. O-2018-24, AN ORDINANCE AMENDING THE WHEATON LIQUOR CONTROL ORDINANCE, CHAPTER 6 – ALCOHOLIC BEVERAGES – CLASS A, B AND I LICENSE CLASSIFICATIONS Council Proceedings May 7, 2018/ Page 6 Councilwoman Fitch moved and Councilman Barbier seconded that Ordinance No. O-2018-24, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 – Alcoholic Beverages – Class A, B and I License Classifications, be passed. City Manager Dzugan stated at its April 12 meeting, the Liquor Control Commission unanimously recommended an amendment to the City Code which would permit Class A, B and I liquor licensees to sell wine by the bottle to a customer who wishes to buy a bottle of wine they enjoyed at the restaurant. In response to Councilman Rutledge, City Attorney Knippen stated there is no limitation on the number of bottles of wine that can be sold and the sale would be for unopened bottles. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: None Motion Carried Unanimously 13. PASS ORDINANCE O-2018-25, AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III, “WHEATON LIQUOR ORDINANCE,” OF THE CITY CODE – INCREASE IN CLASS R (FULL SERVICE SALON & SPA) LIQUOR LICENSE/NAMASTE SALON & SPA/109 N. MAIN STREET, WHEATON, IL Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance O-2018-25, An Ordinance Amending Chapter 6, Article III, “Wheaton Liquor Ordinance,” of the City Code – Increase in Class R (Full Service Salon & Spa) Liquor License/Namaste Salon & Spa/109 N. Main Street, Wheaton, IL, be passed. City Manager Dzugan advised at their April 12 meeting, the Liquor Control Commission unanimously recommended that a Class R liquor license be issued to Namaste Salon & Spa located at 109 N. Main Street for the sale of beer and wine only to salon customers. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously Council Proceedings May 7, 2018/ Page 7 14. FIRST READING OF AN ORDINANCE AMENDING SECTION 26-135 – PROHIBIT SALES, DELIVERY, SECTION 26-135.5 – SIGNS, SECTION 26-136 – MINIMUM AGE TO SELL TOBACCO PRODUCTS AND SECTION 26-137 – PURCHASE BY MINORS PROHIBITED; PENALTY, OF ARTICLE V (TOBACCO) OF CHAPTER 26 (BUSINESSES) OF THE WHEATON CITY CODE City Manager Dzugan stated at the April 9, 2018 Planning Session, the City Council directed staff to prepare an ordinance which would increase the age to purchase tobacco products to 21. He stated the item appears on the agenda as a first reading and will return for formal action at the May 21 City Council meeting. The following students from the DuPage Chapter of Reality Illinois gave a presentation and spoke on the benefits of increasing the age to purchase tobacco products to 21, shared addiction statistics for individuals who start smoking under the age of 21 and discussed the dangers of flavored e-cigarette products, such as jewel cartridges which resemble flash drives: Micky Reif, Joe Bliefus, Madeline Moran, Justine Drake, Natalie Bell, Alex Reuth, Zuni Rodriquez and Maddie Bertrand. The students expressed their support for an amendment to Wheaton City Code raising the age to purchase tobacco products to 21 years. 15. PASS ORDINANCE NO. O-2018-26, AN ORDINANCE REPEALING AND RESCINDING ORDINANCE NO. O-2018-09 AND REINSTATING, IN LIEU THEREOF, ORDINANCE NO. F-1368 AND RESOLUTION R-97-12 Councilwoman Fitch moved and Councilman Prendiville seconded that Ordinance No. O-2018-26, An Ordinance Repealing and Rescinding Ordinance No. O-2018-09 and Reinstating, in Lieu Thereof, Ordinance No. F-1368 and Resolution R-97-12, be passed. City Manager Dzugan advised on February 20, 2018 the City Council approved Ordinance O-2018-09, providing for a 4-lot subdivision at the northwest corner of Butterfield and Orchard Roads. He stated the property owner has requested that the City rescind that ordinance and reinstate a previous ordinance for a 2- lot subdivision which was approved in 2012. In response to Councilman Suess, City Attorney Knippen confirmed that annexation agreements generally have a 20-year term, and the annexation agreement relating to this property is no longer effective as it was approved more than 20 years ago. Roll Call Vote: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: None Motion Carried Unanimously 16. ADOPT RESOLUTION R-2018-39, A RESOLUTION AUTHORIZING THE EXECUTION OF A RENEWAL OF AN ENTERPRISE AGREEMENT FOR MICROSOFT SUBSCRIPTIONS AND LICENSING Councilman Rutledge moved and Councilwoman Fitch seconded that Resolution R-2018-39, A Resolution Authorizing the Execution of a Renewal of an Enterprise Agreement for Microsoft Subscriptions and Licensing, be adopted. Council Proceedings May 7, 2018/ Page 8 City Manager Dzugan stated the I.T. Director has recommended the City renew its agreement with Microsoft for Office 365 and Azure. He indicated pricing is based upon a State of Illinois contract. City Manager Dzugan advised the Microsoft software is central to the City’s daily activities, including email, Word, Excel, Powerpoint, data analytics, mobile device management and intranet management. The renewal is for a period of three years with an annual cost of $77,327.22. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: None Motion Carried Unanimously 17. COUNCIL COMMENT Councilman Suess thanked Franklin Middle School for hosting the Arbor Day tree planting. He also expressed thanks to Ms. Kay McKeen for her 34 years of involvement with Arbor Day. 18. APPROVAL OF WARRANT Councilman Suess moved and Councilman Rutledge seconded that Warrant No. 727 in the amount of $1,705,703.56 be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: None Motion Carried Unanimously 19. ADJOURNMENT Councilman Scalzo moved and Councilman Barbier seconded that the regular Wheaton City Council Meeting be adjourned at 7:45 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Council Proceedings May 7, 2018/ Page 9 Nays: None Absent: None Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk Approved: May 21, 2018