City Council Meetings

December 16, 2019 1. Call to Order and Roll Call The regular Wheaton City Council Meeting was called to order at 7:00 p.m. by Mayor Philip J. Suess. Upon roll call, the following were: Physically Present: Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Absent: None City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney James P. Kozik, Director of Planning and Economic Development Paul G. Redman, Director of Engineering Robert Lehnhardt, Finance Director Sharon Barrett-Hagen, City Clerk 2. Report of the City Manager City Manager Dzugan referred the City Council to a memorandum from Assistant City Manager Duguay which provides a preliminary estimate of approximately $950K to extend the full streetscape amenities on Main Street between Wesley Street and Seminary Avenue. He feels that estimate is high and the actual costs would be less than that figure. He indicated the City may need to rely on TIF 3 revenue for funding the additional scope with non-TIF expenses covered by the 2018 GO Bond issue. He asked for direction from the Council on whether or not to proceed with this additional work. Councilwoman Fitch stated that there are no streetscape amenities on the north side of Wesley Street adjacent to Adams Park. She therefore assumed that full streetscape amenities would not be installed on the east side of Main Street adjacent to the park and would only be installed on the west side of Main Street. Assistant Manager Duguay replied that there was not enough room on the north side of Wesley Street for all the amenities and the question of treating the east and west side of Main Street differently would be dependent on room available for installation of the full amenities. WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Councilman Barbier stated he is not concerned about the change order if the unit price is the same but questioned if there was a desire for a transition area into the downtown by keeping the existing plan. Councilman Rutledge stated he would like to go ahead and extend the full streetscape amenities. Councilman Zaruba also indicated he would like to go ahead with the additional work. In response to Councilwoman Bray-Parker, Assistant City Manager Duguay stated more definitive figures would be presented to the Council. Councilwoman Fitch stated she would like to keep the east side of Main Street similar to the north side of Wesley Street. City Manager Dzugan stated staff could ask Primera to prepare a schematic design for the additional work and staff would then bring that to the Council for a final decision on whether or not to proceed. Mayor Suess stated that even if the width of the sidewalk on the east side was less than what was on the west side of Main Street, if the materials were the same, he feels that would be acceptable. The Council was generally favorable to the additional work but asked to review a preliminary design before making a final decision. 3. Citizens to Be Heard None. 4. Consent Agenda Councilman Barbier moved and Councilwoman Robbins seconded that the following action be taken on the Consent Agenda items: 1. Approve the December 2, 2019 minutes of the regular Wheaton City Council, as submitted. 2. First Reading of an Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton (One Way Streets). 3. Authorize issuance of a Class I Liquor License to Brinker Restaurant Corporation/Chili’s Grill & Bar/240 Danada Square West. 4. Approve Bond Waiver and Authorize Issuance of a Raffle License to St. Michael Parish School. 2 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 5. Adopt Resolution R-2019-107, A Resolution Authorizing the Disposal of Certain Surplus Property (PD). Roll Call Vote on Consent Agenda: Ayes: Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Nays: None Absent: None Motion Carried Unanimously 5. Pass Ordinance No. O-2019-60, An Ordinance Adopting the City of Wheaton Calendar Year 2020 Budget Councilwoman Fitch moved and Councilman Zaruba seconded that Ordinance O-2019-60, An Ordinance Adopting the City of Wheaton Calendar Year 2020 Budget, be passed. City Manager Dzugan stated the ordinance would approve the City’s Calendar Year 2020 Budget. Councilman Rutledge noted that the Council has spent several hours reviewing the proposed 630- page budget. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Nays: None Absent: None Motion Carried Unanimously 6. Pass Ordinance No. O-2019-61, An Ordinance Levying Taxes for the General and Special Corporate Purposes for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 for the City of Wheaton, Illinois Councilwoman Robbins moved and Councilman Zaruba seconded that Ordinance O-2019-61, An Ordinance Levying Taxes for the General and Special Corporate Purposes for the Fiscal Year 3 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Beginning January 1, 2020 and Ending December 31, 2020 for the City of Wheaton, Illinois, be passed. City Manager Dzugan advised the 2019 general purpose property tax levy is flat, with no increase in the levy. He stated the total levy is $20,459,855. Councilwoman Bray-Parker expressed her opinion that it would be reasonable and responsible to raise the levy to capture the growth to pay for additional services and capital improvement projects needed in the City. She stated she would vote no on the proposed flat levy. She feels the City should use its reserves to pay for large projects and therefore believes that a 1% or 1.5% increase to capture the growth should be approved. Councilman Barbier expressed his thoughts on the challenges facing the City with regard to pension and infrastructure improvements. He stated he cannot explain to Wheaton residents how an increase in the levy would solve these challenges. He supports leaving the levy flat and looks forward to future discussions on these topics. Councilman Rutledge stated the City needs to fund the library and cover the 2% annual increase in the budget. He stated he would vote yes on the levy but is not necessarily happy with keeping it flat. Councilman Zaruba expressed his support for the proposed levy and stated he would need a clearer answer on where any additional money would go before he could support taking more money from Wheaton residents. Mayor Suess stated the Council has a discussion each year about whether or not to raise the levy. He stated there may come a time in the future when the City may need to raise the levy for a specific project, but he does not support raising the levy when the City’s reserve balances are above target. He feels keeping the levy flat is a benefit to residents. Roll Call Vote: Ayes: Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Fitch Mayor Suess Nays: Councilwoman Bray-Parker Absent: None Motion Carried 7. Pass Ordinance No. O-2019-62, An Ordinance Amending the 2019 Tax Levy Contained in Ordinance No. O-2019-61 4 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Councilman Barbier moved and Councilman Zaruba seconded that Ordinance No. O-2019-62, An Ordinance Amending the 2019 Tax Levy Contained in Ordinance No. O-2019-61, be passed. City Manager Dzugan stated the ordinance amends the previous ordinance by abating the bond and interest portion of the levy by $1,159,550. He indicated an abatement of $600,000 would be from TIF 3, $200,000 from the debt service reserve fund and $300,000 from the 2018 GO Bond. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Nays: None Absent: None Motion Carried Unanimously 8. Pass Ordinance No. O-2019-63, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 in and for the City of Wheaton Special Service Area Number Two Councilwoman Fitch moved and Councilwoman Bray-Parker seconded that Ordinance No. O- 2019-63 An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 in and for the City of Wheaton Special Service Area Number Two, be passed. City Manager Dzugan stated the levy of $39,400 is for parking service expenses in the central business area. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Nays: None Absent: None Motion Carried Unanimously 5 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 9. Pass Ordinance No. O-2019-64, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Two for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 Councilman Rutledge moved and Councilwoman Robbins seconded that Ordinance No. O-2019- 64, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Two for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020, be passed. City Manager Dzugan indicated this ordinance would appropriate the taxes for Special Service Area Number Two in the amount of $39,793. Roll Call Vote: Ayes: Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Nays: None Absent: None Motion Carried Unanimously 10. Pass Ordinance O-2019-65, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 in and for the City of Wheaton Special Service Area Number Three Councilman Barbier moved and Councilwoman Bray-Parker seconded that Ordinance O-2019- 65, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 in and for the City of Wheaton Special Service Area Number Three, be passed. City Manager Dzugan stated the $12,000 levy relates to maintenance of open spaces within the Streams Subdivision. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba 6 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Nays: None Absent: None Motion Carried Unanimously 11. Pass Ordinance No. O-2019-66, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Three for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 Councilman Rutledge moved and Councilwoman Robbins seconded that Ordinance No. O-2019- 66, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Three for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020, be passed. City Manager Dzugan indicated this ordinance would appropriate $12,132 in taxes for Special Service Area Number Three. Roll Call Vote: Ayes: Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Nays: None Absent: None Motion Carried Unanimously 12. Pass Ordinance No. O-2019-67, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 in and for the City of Wheaton Special Service Area Number Eight Councilman Zaruba moved and Councilman Rutledge seconded that Ordinance No. O-2019-67, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 in and for the City of Wheaton Special Service Area Number Eight, be passed. City Manager Dzugan stated the levy amount of $139,000 for Special Service Area Eight will generate a total of $250,000, which includes $111,000 from the TIF 2 increment, and will fund the services provided by the Downtown Wheaton Association as requested in their 2020 budget. Roll Call Vote: Ayes: Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker 7 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Nays: None Absent: None Motion Carried Unanimously 13. Pass Ordinance No. O-2019-68, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Eight for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 Councilwoman Robbins moved and Councilwoman Fitch seconded that Ordinance No. O-2019- 68, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Eight for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020, be passed. City Manager Dzugan indicated this ordinance would appropriate $139,000 in taxes for Special Service Area Number Eight. Roll Call Vote: Ayes: Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Nays: None Absent: None Motion Carried Unanimously 14. Approve Appointment to City Boards/Commissions Mayor Suess moved and Councilman Rutledge seconded that Rochelle Favale be appointed to the Housing Commission for a three-year term. Roll Call Vote: Ayes: Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch 8 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Nays: None Absent: None Motion Carried Unanimously 15. Adopt Resolution R-2019-108, A Resolution Authorizing the Execution of Agreement No. 97 with Chicagoland Paving Contractors, Inc. for Hot Mix Asphalt Pavement Removal Services for a Total Amount Not to Exceed $55,000 Councilwoman Bray-Parker moved and Councilman Barbier seconded that Resolution R-2019- 108, A Resolution Authorizing the Execution of Agreement No. 97 with Chicagoland Paving Contractors, Inc. for Hot Mix Asphalt Pavement Removal Services for a Total Amount Not to Exceed $55,000, be adopted. City Manager Dzugan stated the City received six bids for milling services. He stated these services are part of the Public Works Department’s paving operations, and stated it is more efficient to have a contractor perform these services. Roll Call Vote: Ayes: Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Nays: None Absent: None Motion Carried Unanimously 16. Adopt Resolution R-2019-109, A Resolution Authorizing the Purchase of the Replacement and Upgrade of Itron Equipment and Software from Midwest Meter, Inc. for a Total Amount Not to Exceed $35,400 Councilman Rutledge moved and Councilman Zaruba seconded that Resolution R-2019-109, A Resolution Authorizing the Purchase of the Replacement and Upgrade of Itron Equipment and Software from Midwest Meter, Inc. for a Total Amount Not to Exceed $35,400, be adopted. City Manager Dzugan stated the purchase relates to an upgrade for the City’s water meter reading system software. Roll Call Vote: Ayes: Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker 9 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Councilwoman Fitch Mayor Suess Councilwoman Robbins Nays: None Absent: None Motion Carried Unanimously 17. Waive First Reading and Pass Ordinance No. O-2019-69, An Ordinance Amending Article II “Drug Paraphernalia” Sub-Sections 42-46 and 42-47 of Chapter 42 “Offenses and Miscellaneous Provisions” of the Wheaton City Code Councilwoman Fitch moved and Councilman Barbier Seconded to Waive a First Reading and that Ordinance No. O-2019-69, An Ordinance Amending Article II “Drug Paraphernalia” Sub- Sections 42-46 and 42-47 of Chapter 42 “Offenses and Miscellaneous Provisions” of the Wheaton City Code, be passed. City Manager Dzugan advised the proposed ordinance establishes City Code provisions in preparation for the new Cannabis Regulation and Tax Act. He stated the most significant component of the ordinance is that violations in the new law would be considered local ordinance violations with approval of this ordinance. In response to Councilman Barbier, City Attorney Knippen stated the ordinance would be effective upon passage but enforcement would not happen until January 1, 2020. City Attorney Knippen confirmed for Councilman Zaruba that the ordinance mirrors the State statute. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Nays: None Absent: None Motion Carried Unanimously 18. Adopt Resolution R-2019-110, A Resolution Authorizing the Execution of Contract No. 105 with Management Partners for Strategic Planning Services for a Total Amount Not to Exceed $38,950 Councilwoman Bray-Parker moved and Councilwoman Robbins seconded that Resolution R- 2019-110, A Resolution Authorizing the Execution of Contract No. 105 with Management Partners for Strategic Planning Services for a Total Amount Not to Exceed $38,950, be adopted. 10 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 City Manager Dzugan stated approval of the proposed resolution would be the start of the City’s Strategic Planning process. In response to Councilwoman Fitch, City Manager Dzugan confirmed this contract goes beyond the original scope. Councilwoman Fitch stated she does not support the additional scope of this work. Roll Call Vote: Ayes: Councilwoman Bray-Parker Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Nays: Councilwoman Fitch Absent: None Motion Carried 19. Adopt Resolution R-2019-111, A Resolution Authorizing the Mayor to Sign a Settlement Agreement and Release Between the City of Wheaton and Morningside Wheaton, LLC Councilman Rutledge moved and Councilman Zaruba seconded that Resolution R-2019-111, A Resolution Authorizing the Mayor to Sign a Settlement Agreement and Release Between the City of Wheaton and Morningside Wheaton, LLC, be adopted. City Manager Dzugan advised that with the adoption of this resolution, a two plus year legal process comes to a successful conclusion. He thanked Attorneys Knippen and Black for their efforts to resolve this matter. Roll Call Vote: Ayes: Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Nays: None Absent: None Motion Carried Unanimously 20. Council Comment Councilwoman Bray-Parker stated she and Councilman Barbier attended the League of Women Voter’s luncheon and thanked them for providing such a great service to the citizens of Wheaton. 11 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Councilwoman Robbins stated she participated in the Christmas Sharing event at Gary Methodist Church. She stated 142 families were helped at that event and she thanked Wheaton residents for their generosity for contributing to this program. Mayor Suess stated that he visited a number of schools in connection with District 200’s Excellence Project and enjoyed the opportunity to interact with the students. He recently visited Lincoln School and had a great experience with the students there. Mayor Suess expressed his thanks and appreciation to City staff members for their work throughout the year, as well as the volunteers on the City’s boards and commissions, as well as his fellow Council members. He wished everyone a Merry Christmas and Happy New Year. 21. Approval of Warrant Councilman Rutledge moved and Councilman Barbier seconded that Warrant No. 766 in the amount of $1,684,090.92, be approved. Roll Call Vote: Ayes: Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Nays: None Absent: None Motion Carried Unanimously 22. Adjournment Councilwoman Fitch moved and Councilwoman Robbins seconded that the regular Wheaton City Council Meeting be adjourned at 7:58 p.m. Roll Call Vote: Ayes: Councilwoman Fitch Mayor Suess Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Nays: None Absent: None Motion Carried Unanimously 12 WHEATON CITY COUNCIL PROCEEDINGS December 16, 2019 Respectfully submitted, Sharon Barrett-Hagen City Clerk Submitted for Approval: January 6, 2020 13