City Council Meetings

November 19, 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 Councilman Barbier Councilman Prendiville Councilman Rutledge Councilman Scalzo Councilman Suess Absent: Councilwoman Fitch City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney James Kozik, Director of Planning and Economic Development Vincent G. Laoang, Director of Public Works Kevin Maloney, Public Works Forestry Superintendent Sharon Barrett-Hagen, City Clerk 2. Presentations Mayor Gresk read and presented a proclamation to Mr. Jim Mathieson and Mr. Jim Gambaiani, proclaiming November 15, 2018 as “School Board Member Day” in Wheaton. Mr. Mathieson thanked the Mayor and City Council for the proclamation and thanked the community on the recently passed referendum. 3. Citizens to Be Heard Ms. Jan Kay, 1319 Irving Avenue, stated she had attended two of the budget workshops. She stated she was impressed by the budget presentations and expressed her hope that the Wheaton community appreciates staff’s hard work on preparing the budget. 4. Consent Agenda Councilman Rutledge moved and Councilman Barbier seconded that the following action be taken on the Consent Agenda items: 1. Approve the November 5, 2018 minutes of the regular Wheaton City Council meeting, as submitted. 2. Adopt Resolution R-2018-103, A Resolution Authorizing the Disposal of Certain Surplus Property (PD). WHEATON CITY COUNCIL PROCEEDINGS November 19, 2018 3. Approve Request and Authorize Issuance of Special Event Permits to Downtown Wheaton Association for Christmas Festival Events. 4. Authorize Issuance of an Outdoor Special Event Liquor License to Downtown Wheaton Association – Christmas Festival. 4. Adopt Resolution R-2018-104, A Resolution Authorizing the Disposal of Certain Surplus Property (IT). 5. Adopt Resolution R-2018-105, A Resolution for Construction on State Highway. Roll Call on Consent Agenda: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 5. Pass Ordinance No. O-2018-66, An Ordinance Amending Chapter 10, Article VII, Raffles of the Wheaton City Code Councilman Scalzo moved and Councilman Prendiville seconded that Ordinance No. O-2018-66, An Ordinance Amending Chapter 10, Article VII, Raffles of the Wheaton City Code, be passed. City Manager Dzugan stated the Council considered the proposed amendments at a first reading at their November 5 City Council meeting. If approved, the ordinance would amend the City’s raffle provisions. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 6. Approve Appointments to City Boards/Commissions Mayor Gresk moved and Councilman Prendiville seconded that Alyse Kondrat and Doug Jones be appointed to the Bicycle Advisory Commission and Marcella Incarnati be appointed to the Community Relations Commission, as well as the Housing Commission, for three-year terms respectively. 2 WHEATON CITY COUNCIL PROCEEDINGS November 19, 2018 Roll Call Vote: Ayes: Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 7. Pass Ordinance No. O-2018-67, An Ordinance Establishing Special Service Area #8 in the City of Wheaton, Illinois Councilman Prendiville moved and Councilman Rutledge seconded that Ordinance No. O-2018-67, An Ordinance Establishing Special Service Area #8 in the City of Wheaton, Illinois, be passed. City Manager Dzugan stated the proposed ordinance would establish Special Service Area #8, replacing Special Service Area #7, which supported activities of the Downtown Wheaton Association. The proposed ordinance would: establish a maximum tax rate of $.45 and a maximum initial levy of $195,026, have a 7-year term and encompass the boundary of SSA #7 plus three multifamily properties. City Manager Dzugan stated the City Council still needs to approve the specific levy amount by ordinance with the first reading of the levy ordinance scheduled for the December 3 Council meeting. At their November 12 Budget Workshop, the Council directed staff to prepare a levy ordinance for SSA #8 in the amount of $126,600 which will generate $250,000, equaling a tax rate of $.2921, well under the maximum rate of $.45. In response to Councilman Scalzo, City Manager Dzugan confirmed the $195,026 is based on the frozen assessed value within the area. Any amount over that, or approximately $224,974 would come from the TIF 2 increment. City Attorney Knippen confirmed that the reference to the entirety of Special Service Area #8 referenced in Section 6 of the ordinance refers to the geographic area of SSA #8. Councilman Suess asked if we were dealing with frozen valuation which would never change. City Manager Dzugan replied that it could change based upon the rate and any change would go into the increment. City Manager Dzugan confirmed that but indicated TIF 2 will expire in four years. He said the City would need to hold a truth in taxation hearing for an increase in the levy greater than 5%. Roll Call Vote: Ayes: Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 3 WHEATON CITY COUNCIL PROCEEDINGS November 19, 2018 8. Adopt Resolution R-2018-106, A Resolution Approving the Acknowledgement and Confirmation of the Termination of a Development Agreement dated February 5, 2001 Between the City of Wheaton and the Toms-Price Company, a Delaware Corporation (“Termination and Release Agreement”) Councilman Barbier moved and Councilman Scalzo seconded that Resolution R-2018-106, A Resolution Approving the Acknowledgement and Confirmation of the Termination of a Development Agreement dated February 5, 2001 Between the City of Wheaton and the Toms-Price Company, a Delaware Corporation (“Termination and Release Agreement”), be adopted City Manager Dzugan stated Toms-Price is planning to sell their property to College Church and asked the City to enter into a termination agreement of the development agreement dated February 2001. City Manager Dzugan indicated City Attorney Knippen has reviewed the termination agreement and is of the opinion it legally releases both parties from the terms of the original development agreement. Roll Call Vote: Ayes: Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Councilman Suess Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 9. Adopt Resolution R-2018-107, A Resolution Authorizing the Execution of an Agreement with Schroeder Asphalt Services, Inc. for Hot Mix Asphalt (HMA) Removal in an Amount not to Exceed $50,000 Councilman Rutledge moved and Councilman Prendiville seconded that Resolution R-2018-107, A Resolution Authorizing the Execution of an Agreement with Schroeder Asphalt Services, Inc. for Hot Mix Asphalt (HMA) Removal in an Amount not to Exceed $50,000, be adopted. City Manager Dzugan stated the City receive three bids for milling certain heavily trafficked streets to aid the Public Works Department for 2019 roadway maintenance work. He advised $50,000 has been included in the proposed CY2019 budget for this work. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 4 WHEATON CITY COUNCIL PROCEEDINGS November 19, 2018 10. Adopt Resolution R-2018-1058, A Resolution Authorizing the Execution of an Agreement with Landscape Concepts Management, Inc. for Seasonal Color and Maintenance for a Three-Year Contract in the Amount of $48,515.20 Annually Councilman Rutledge moved and Councilman Scalzo seconded that Resolution R-2018-1058, A Resolution Authorizing the Execution of an Agreement with Landscape Concepts Management, Inc. for Seasonal Color and Maintenance for a Three-Year Contract in the Amount of $48,515.20 Annually, be adopted. City Manager Dzugan stated the City received three bids for seasonal color and maintenance. He stated the resolution before the Council would authorize a three-year contract at the same annual cost, with a two-year option if the contractor agrees to hold their pricing. In response to Councilman Suess, Forestry Superintendent Maloney confirmed Landscape Concepts Management is currently performing this work. Roll Call Vote: Ayes: Councilman Rutledge Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 11. Council Comment Councilman Scalzo invited everyone to come to the Wheaton Living Holiday parade which will step off from City Hall at 6:00 pm on Friday, November 23 after the 5:45 pm tree lighting. 12. Approval of Warrant Councilman Suess moved and Councilman Scalzo seconded that Warrant No. 740 in the amount of $1,904,791.15, be approved. Roll Call Vote: Ayes: Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Councilman Scalzo Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously 5 WHEATON CITY COUNCIL PROCEEDINGS November 19, 2018 13. Adjournment Councilman Scalzo moved and Councilman Barbier seconded that the regular Wheaton City Council Meeting be adjourned at 7:15 p.m. Roll Call Vote: Ayes: Councilman Scalzo Councilman Suess Councilman Barbier Councilman Prendiville Mayor Gresk Councilman Rutledge Nays: None Absent: Councilwoman Fitch Motion Carried Unanimously Respectfully submitted, Sharon Barrett-Hagen City Clerk Submitted for Approval: December 3, 2018 6