City Council Meetings

September 17, 2018 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 Gresk Councilwoman Fitch Councilman Prendiville Councilman Rutledge Councilman Scalzo Councilman Suess Absent: Councilman Barbier City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney Paul G. Redman, Director of Engineering William Murphy, Police Chief William Schultz, Fire Chief Holly A. Schulz, Director of Human Resources Lauren Bertolini, Human Resources Generalist Vincent G. Laoang, Director of Public Works Sharon Barrett-Hagen, City Clerk 2. Presentations Mayor Gresk presided over the swearing-in of seven new Wheaton police officers: Jaroslaw Hampel, Kevin Freeman, Ivan Lichvan, Nadia Duarte, Brian Wagner, Russell Tanzillo and Derek Hoots. Mayor Gresk read and presented a proclamation to Dr. Kathy Melton, Principal, Lowell Elementary School, proclaiming September 22, 2018 as “Lowell Elementary School Day” in honor of the school’s 100th anniversary. Principal Melton thanked the Mayor and City Council for the proclamation. She invited everyone to attend their open house Saturday, September 22. 3. Citizens to Be Heard Dr. Bob Krzyzewski, 213 W. Willow Avenue, stated he has been a resident for 52 years and has been actively involved in fundraising for various organizations in the City. He asked the City to join with the Wheaton Park District in a request to Jim Belushi to serve as chairman of the 4th of July parade. Mr. Ted Utchen, 1686 Grosvenor Circle, commented on the condition of the cracked concrete on Reber Street and asked the City to make some temporary repairs to the street pending a more complete repair or replacement of the street. WHEATON CITY COUNCIL PROCEEDINGS September 17, 2018 4. Consent Agenda Councilman Suess moved and Councilman Rutledge seconded that the following action be taken on the Consent Agenda items: 1. Approve the September 4, 2018 minutes of the regular Wheaton City Council meeting, as submitted. 2. Adopt Resolution R-2018-87, A Resolution Authorizing the Disposal of Certain Surplus Property (PW). Roll Call on Consent Agenda: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Barbier Motion Carried Unanimously 5. Pass Ordinance O-2018-53, An Ordinance Amending Maximum Tax Rate and Initial Levy from the Proposed Special Service Area #8, Ordinance No. O-2018-37 Councilman Scalzo moved and Councilman Rutledge seconded Ordinance O-2018-53, An Ordinance Amending Maximum Tax Rate and Initial Levy from the Proposed Special Service Area #8, Ordinance No. O-2018-37, be passed. City Manager Dzugan stated on September 10, 2018, the City Council closed the public hearing and directed staff to prepare an ordinance amending the Special Service Area #8 ordinance to reflect a maximum tax rate of $.45 with an initial levy of $195,062. He reported that the City Attorney has advised the Council could lower the tax rate and levy amount when they consider the actual levy for SSA #8 in December. He feels the ordinance gives the City Council flexibility in discussions of the levy. Councilman Prendiville moved and Councilwoman Fitch seconded to amend the proposed ordinance to reflect a maximum tax rate of $.40 with an initial levy of $173,356. Councilman Scalzo stated the ordinance is not setting the tax rate, it is setting the maximum cap for the rate and believes the rate should remain at $.45. Councilman Suess feels the discussion on amending the rate should be deferred to the levy discussion in December when a discussion on a possible reduction of taxes for everyone could be held. Councilman Prendiville feels the $.40 rate would be sufficient to fund DWA activities, as well as $150,000 for the City services provided to the downtown, because the tax base has been broadened by including the apartment buildings. He feels the downtown property owners deserve certainty with respect to the maximum rate. 2 WHEATON CITY COUNCIL PROCEEDINGS September 17, 2018 Councilwoman Fitch agreed with those comments and feels the maximum rate should be $.40 which would fully fund the DWA. Councilman Rutledge does not know what activities the DWA will fund over the next seven years. He stated the $.45 rate provides flexibility and feels that rate is appropriate. Mayor Gresk believes the $.45 tax rate gives the City flexibility to discuss further during budget workshops. Roll Call Vote on Amendment: Ayes: Councilman Prendiville Councilwoman Fitch Nays: Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Absent: Councilman Barbier Motion Failed Councilman Prendiville supports the mission of the DWA. Although he feels the tax rate should be lower, he said he would vote in favor of the $0.45 rate and have further discussions in December. City Manager Dzugan stated the budget workshops will be held in November, with a first reading of the levy the first meeting in December and final action taken on the levy and budget on December 17. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilman Barbier Motion Carried Unanimously 6. Pass Ordinance O-2018-54, An Ordinance Approving the Plat of Second Baptist Church Resubdivision Councilman Prendiville moved and Councilman Suess seconded that Ordinance O-2018-54, An Ordinance Approving the Plat of Second Baptist Church Resubdivision, be passed. City Manager Dzugan advised the Second Baptist Church, located at 1520 Avery Avenue, desires to resubdivide their property, which consists of the church building, a parking lot and two residential properties, by separating the two residential properties from the main church property. In response to Councilman Rutledge, Director of Engineering Redman confirmed that the right-of-way would be adequate to accommodate any future street improvements. 3 WHEATON CITY COUNCIL PROCEEDINGS September 17, 2018 Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilwoman Fitch Nays: None Absent: Councilman Barbier Motion Carried Unanimously 7. Pass Ordinance No. O-2018-55, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton – Weight Limit on Bridges Councilman Rutledge moved and Councilwoman Fitch seconded that Ordinance No. O-2018-55, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton – Weight Limit on Bridges, be passed. City Manager Dzugan stated the ordinance before the Council would reclassify the Creekside Drive bridge weight limit to not exceed 20 tons. He advised the restriction comes after an IDOT special inspection which showed advanced section loss in the timber pilings. City Manager Dzugan stated the structure will be monitored on an annual basis. In response to Councilman Suess, Director Redman stated that typical weight limit for this type of bridge is 30 tons and the City’s new ladder truck is close to that maximum rate. Director Redman stated a similar bridge in the City is located in The Streams which is on a two-year inspection cycle. City Manager Dzugan stated the Creekside Bridge will be included in the capital improvement plan. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: Councilman Barbier Motion Carried Unanimously 8. Issue Class S Liquor License to 7-Eleven, 1277 Butterfield Road and Pass Ordinance No. 0-2018- 56, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6, Article III of the City Code – Increase in Class B (Restaurant) Liquor License/LemonShark Poke/135 Danada Square East Councilman Scalzo moved and Councilman Suess seconded to authorize the issuance of a Class S Liquor License to 7-Eleven, 1277 Butterfield Road and that Ordinance No. 0-2018-56, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6, Article III of the City Code – Increase in Class B (Restaurant) Liquor License/LemonShark Poke/135 Danada Square East, be passed. 4 WHEATON CITY COUNCIL PROCEEDINGS September 17, 2018 City Manager Dzugan advised the Liquor Control Commission unanimously recommended approval of the issuance of the Class S license to 7-Eleven and the Class B license to LemonShark Poke. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilman Barbier Motion Carried Unanimously 9. Adopt Resolution R-2018-88, A Resolution Approving a First Amendment to Recapture Agreement between the City of Wheaton, Illinois and R. Lautz Construction, Inc. Councilman Rutledge moved and Councilman Suess seconded that Resolution R-2018-88, A Resolution Approving a First Amendment to Recapture Agreement between the City of Wheaton, Illinois and R. Lautz Construction, Inc., be adopted. City Manager Dzugan stated the City received a request from Roger Lautz to amend a recapture agreement extending the term another ten years and eliminating the payment of 9% interest, compounded annually, on the benefiting properties. He stated notice was provided to the benefiting property owner at 1421 Gables Blvd. Mr. Richard Ochwat stated his property, 1421 Gables Blvd., is immediately adjacent to Mr. Lautz’s property and is not connected to City services. He distributed written comments to the Council and stated he has not had sufficient time to research the effect of the proposed extension of the recapture agreement may have on his property. He feels extending the agreement would serve no purpose and asked for a continuance so he could research this matter further. In response to Council questions, City Attorney Knippen advised a motion could be made to postpone this item to a date certain. Councilman Scalzo asked to hear from the requestor. Mr. Gary Wente, attorney representing Mr. Roger Lautz, stated they asked for an extension because during the past 20 years of the agreement interest has remained to develop the area property, however, economic conditions over the past 10 years have been unfavorable for development. He said there is no obligation that the benefiting property would connect. He said they have asked the interest be dropped because total interest charges would be roughly $500,000. He said they are asking for $85,158.81, without interest, which is the pro rata actual cost in 1999 going forward without interest. He asked that the extension be granted. Councilwoman Fitch moved and Councilman Prendiville seconded that this item be postponed until the October 15, 2018 City Council meeting. 5 WHEATON CITY COUNCIL PROCEEDINGS September 17, 2018 Councilman Suess stated his understanding of the recapture agreement is that the developer incurred costs constructing the adjacent street and seeks to recoup those costs from adjacent property owners who benefit from that improvement. City Attorney Knippen stated that is a good description of the purpose of a recapture agreement based on state and home rule municipal regulations. Roll Call Vote on Postponement: Ayes: Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Suess Nays: Councilman Scalzo Absent: Councilman Barbier Motion Carried 10. Adopt Resolution R-2018-89, A Resolution Authorizing the Execution of an Agreement with Construction & Geotechnical Material Testing, Inc. for Material Testing Services at a Per Test Cost of $3,584 Councilman Rutledge moved and Councilman Prendiville seconded that Resolution R-2018-89, A Resolution Authorizing the Execution of an Agreement with Construction & Geotechnical Material Testing, Inc. for Material Testing Services at a Per Test Cost of $3,584, be adopted. City Manager Dzugan stated four proposals for material testing were received. He explained testing is a major component of the City’s quality assurance efforts for road work. City Manager Dzugan estimated the cost of the contract would be $75,000 depending on how much testing is done. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Nays: None Absent: Councilman Barbier Motion Carried Unanimously 11. Authorize Purchase of 2018 Water Division Materials for a Total Cost of $144,333.01 Councilman Suess moved and Councilwoman Fitch seconded that the Purchase of 2018 Water Division Materials for a Total Cost of $144,333.01, be authorized. City Manager Dzugan advised the City received four bids for water materials. He stated the Procurement Officer recommends approval of the purchases, using different vendors based on bids submitted, with the cost of all materials totaling $144,333.01. Roll Call Vote: Ayes: Councilman Suess 6 WHEATON CITY COUNCIL PROCEEDINGS September 17, 2018 Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Barbier Motion Carried Unanimously 12. Council Comment Councilman Prendiville complimented the City’s Community Relations Commission for their work on the Festival of Cultures. He stated it was a well-planned and well-attended event. Mayor Gresk stated the City received a letter from Wheaton Oaks Townhome HOA complimenting staff for their efficiency and competence in addressing water issues they were having. Mayor Gresk also announced that 2018 Money Magazine has rated Wheaton #27 as best place to live in the United States. He stated this is the third time in the last eight years Wheaton has been in the top 100. 13. Approval of Warrant Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 736 in the amount of $2,841,351.96, be approved. Roll Call Vote: Ayes: Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilman Barbier Motion Carried Unanimously 14. Adjournment Councilman Scalzo moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 7:52 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilwoman Fitch Councilman Prendiville Mayor Gresk 7 WHEATON CITY COUNCIL PROCEEDINGS September 17, 2018 Councilman Rutledge Nays: None Absent: Councilman Barbier Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk Approved: October 1, 2018 8