Quincy Reporter

City of Wheaton Council met Aug. 6.

Here is the minutes provided by the Council:

1. CALL TO ORDER AND ROLL CALL

The regular Wheaton City Council Meeting was called to order at 7:00 p.m. by City Clerk Sharon Barrett- Hagen. Upon roll call, the following were:

Physically Present: 

Councilman Michael Barbier 

Councilwoman Suzanne Fitch

Councilman John Prendiville 

Councilman John Rutledge 

Councilman Todd Scalzo 

Absent: 

Mayor Michael J. Gresk

Councilman Phil Suess

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

William Schultz, Fire Chief

Holly A. Schulz, Director of Human Resources Sharon Barrett-Hagen, City Clerk

2. APPOINTMENT OF MAYOR PRO TEM

Councilman Rutledge moved and Councilman Prendiville seconded that Councilman Scalzo be appointed Mayor Pro Tem for this evening’s meeting.

Ayes:

Roll Call Vote: Councilman Rutledge

Councilman Scalzo Councilman Barbier Councilwoman Fitch

Councilman Prendiville

Nays: None

Absent: Mayor Gresk

Councilman Suess Motion Carried Unanimously

3. CITIZENS TO BE HEARD None.

4. CONSENT AGENDA

Councilwoman Fitch moved and Councilman Rutledge seconded that the following action be taken on the Consent Agenda items:

Approve the Minutes of the July 16, 2018 regular Wheaton City Council Meeting, as submitted.

Adopt Resolution R-2018-71, A Resolution Authorizing the Disposal of Certain Surplus Property (PD).

Adopt Resolution R-2018-72, A Resolution Authorizing the Disposal of Certain Surplus Property (PW).

Approve Increase in City Manager Compensation.

Approve Request and Authorize Issuance of Special Event Permit to St. Michael Catholic Church – Ice Cream Social.

Adopt Resolution R-2018-73, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1749 Marion Court).

Adopt Resolution R-2018-74, A Resolution Approving a Plat of Easement Release (Loretto Club Subdivision).

Ayes:

Roll Call Vote on Consent Agenda: Councilwoman Fitch

Councilman Prendiville Mayor Pro Tem Scalzo Councilman Rutledge Councilman Barbier

Mayor Gresk

Nays: None Absent:

Councilman Suess Motion Carried Unanimously

5. ADOPT RESOLUTION R-2018-75, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ABBEY PAVING & SEALCOATING, CO., INC. FOR PARKING LOT IMPROVEMENTS TO LOT8 IN THE AMOUNT OF $134,386.07

Councilman Prendiville moved and Councilman Barbier seconded that Resolution R-2018-75, A Resolution Authorizing the Execution of an Agreement with Abbey Paving & Sealcoating, Co. Inc. for Parking Lot Improvements to Lot 8 in the amount of $134,386.07, be adopted.

City Manager Dzugan stated Director of Engineering Redman provided a memorandum regarding the flooding that occurs at Commuter Parking Lots 6, 7 and 8, all which serve the College Station Metra Station. As indicated in the memorandum, all three lots are located within a floodplain and can experience significant flooding during storm events. City Manager Dzugan explained there are no good solutions except to close the lots which would remove 270 parking spaces or construct parking structures for the lots which would cost approximately $4 to $5MM. He recommended the City proceed with the repaving work for Lot 8.

Councilman Prendiville thanked staff for the analysis and agrees with staff’s recommendation. In response to Councilwoman Fitch, Director Redman stated that during a 100-year event flood, no spaces are safe from flooding.

Roll Call Vote: 

Ayes: 

Mayor Pro Tem Scalzo

Councilman Rutledge

Councilman Barbier

Councilwoman Fitch

Nays: None 

Absent: 

Mayor Pro Tem Scalzo 

Councilman Suess 

Motion Carried Unanimously

6. PASS ORDINANCE NO. O-2018-40, AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF AND APPLICATION FOR SMALL WIRELESS FACILITIES IN RIGHTS-OF-WAY

Councilman Rutledge moved and Councilwoman Fitch seconded that Ordinance No. O-2018-40, An Ordinance Providing for the Licensing and Regulation of and Application for Small Wireless Facilities in Rights-of-Way, be passed.

City Manager Dzugan stated the proposed ordinance appeared on the July 16, 2018 Council agenda for a first reading and implements the Illinois Small Wireless Facilities Deployment Act. The ordinance contains design standards which staff believes are permitted under the new law. He advised the Act determines fees, permitting and restrictions on height and placement in City rights-of-way which municipalities must follow.

In response to Councilman Rutledge, City Engineer Redman stated backhaul is a term used by the telecommunications industry relating to fiber cables routing data along the system. City Attorney Knippen explained that Section 58-267 (b) (1) allows the City to determine which intersection controls the height of the proposed utility pole.

Roll Call Vote:Ayes: Councilman Rutledge

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Pro Tem Scalzo

Nays: None

Absent: Mayor Gresk

Councilman Suess

Motion Carried Unanimously

7. PASS ORDINANCE NO. O-2018-41, AN ORDINANCE VACATING ELMWOOD STREET/CUSD 200 Councilwoman Fitch moved and Councilman Prendiville seconded that Ordinance No. O-2018-41, An Ordinance Vacating Elmwood Street/CUSD 200, be passed.

City Manager Dzugan stated a public hearing was held on July 23, 2018 on vacating a portion of Elmwood Street, lying west and adjacent to Jefferson School, as well as a section of Morse Street, just east of Wheaton North High School. He stated 5 votes are needed to pass both of the ordinances.

Roll Call Vote: 

Ayes: 

Councilman Rutledge

Councilman Barbier

Councilwoman Fitch

Councilman Prendiville

Mayor Pro Tem Scalzo

Councilwoman Fitch

Nays: None 

Absent:

Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

8. PASS ORDINANCE NO. O-2018-42, AN ORDINANCE VACATING MORSE STREET/CUSD 200 Councilman Barbier moved and Councilman Prendiville seconded Ordinance No. O-2018-42, An Ordinance Vacating Morse Street/CUSD 200, be passed.

Roll Call Vote: 

Ayes: 

Councilman Barbier

Councilwoman Fitch 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Councilman Rutledge

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

9. APPOINTMENT TO CITY BOARDS/COMMISSIONS

Mayor Pro Tem Scalzo moved and Councilman Prendiville seconded that Kathryn Staron be appointed to the Library Board for a three-year term.

Roll Call Vote: 

Ayes: 

Mayor Pro Tem Scalzo 

Councilman Rutledge

Councilman Barbier

Councilwoman Fitch 

Councilman Prendiville 

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

10. RECEIVE PLANNING & ZONING BOARD REPORT RE ZA #18-11/PUD AMENDMENT/2015 N. MAIN STREET/WHEATON EYE CLINIC AND PASS ORDINANCE NO. O-2018-43, AN ORDINANCE AMENDING ORDINANCES F-0537, F-1141, AND F-1658 “AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT/WHEATON EYE CLINIC”

Councilwoman Fitch moved and Councilman Rutledge seconded that the Planning & Zoning Board Report Re ZA #18-11/Pud Amendment/2015 N. Main Street/Wheaton Eye Clinic, be received.

City Manager Dzugan stated, at its meeting on July 24, 2018, the Planning & Zoning Board unanimously approved a PUD amendment to allow the Wheaton Eye Clinic to consolidate some parcels, expand a parking lot and construct two future building additions. Approval was subject to lighting along the south property line not exceeding.5 foot-candles and the Cole Avenue access be limited to a single right-out.

Councilman Barbier questioned if a pedestrian crosswalk would be installed for the Cole Avenue parking lot. Director Redman stated that would create a midblock crosswalk which is not desirable; instead pedestrians are encouraged to cross at the Cole/Main intersection. Councilwoman Fitch stated the same situation exists at Mariano’s where employees park across Main Street and use the Main/Roosevelt intersection to cross.

In response to Councilman Rutledge, Director of Planning & Economic Development Kozik stated Wheaton Eye Clinic currently meets parking ratio requirements. With regard to the egress on Cole, Director Redman stated the right-out will direct cars to the light at Cole and Main, as left-turns will continue to be restricted directly onto Main Street from the property.

Roll Call Vote: 

Ayes: 

Councilwoman Fitch 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Councilman Rutledge

Councilman Barbier

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

Councilman Prendiville moved and Councilman Barbier seconded that Ordinance No. O-2018-43, An Ordinance Amending Ordinances F-0537, F-1141, And F-1658 “An Ordinance Granting a Special Use Permit for a Planned Unit Development/Wheaton Eye Clinic,” be passed.

Roll Call Vote: 

Ayes: 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Councilman Rutledge

Councilman Barbier

Councilwoman Fitch 

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

11. PASS ORDINANCE O-2018-44, AN ORDINANCE AMENDING CHAPTER 2, ARTICLE V, DIVISION 3, SECTION 2.293 OF THE WHEATON CITY CODE – BOARD OF FIRE AND POLICE COMMISSIONERS

Councilman Rutledge moved and Councilman Barbier seconded that Ordinance O-2018-44, An Ordinance Amending Chapter 2, Article V, Division 3, Section 2.293 of the Wheaton City Code – Board of Fire and Police Commissioners, be passed.

City Manager Dzugan stated the proposed ordinance cleans up some language in the Rule and Regulations of the Board of Fire and Police Commission. He indicated the Board held a public hearing on July 11, 2018 regarding these changes.

Roll Call Vote: 

Ayes: 

Councilman Rutledge

Councilman Barbier

Councilwoman Fitch 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

12. ADOPT RESOLUTION R-2018-76, A RESOLUTION APPROVING AN EXTENSION OF A SERVICE AGREEMENT FOR FOOD AND BEVERAGE CONCESSIONAIRE BETWEEN THE CITY OF WHEATON AND CAFÉ ON THE PARK, LLC

Councilman Prendiville moved and Councilman Rutledge seconded that Resolution R-2018-76, A Resolution Approving an Extension of a Service Agreement for Food and Beverage Concessionaire Between the City of Wheaton and Café On The Park, LLC, be adopted.

City Manager Dzugan stated the Library Board has recommended a one-year extension to the concessionaire agreement with Café On The Park, LLC, keeping the fee at $500 per month.

Councilwoman Fitch questioned why the Library Board needs another year to obtain and review financial records from the concessionaire. She feels this information could be obtained and reviewed in a month or two. Assistant City Manager Duguay indicated that the Library Board wanted a full three-year’s worth of data to analyze and since the café did not open for several months after the agreement was approved, the Library Board felt a one-year extension would give them the additional time and data for their analysis.

Councilman Barbier feels the net value of the property should be considered as part of the analysis. Councilman Rutledge stated this is a unique situation and does not know if rental rates at retail properties could be used as comparables.

Mayor Pro Tem Scalzo questioned if the original agreement has a termination clause which could be considered if the financial data is obtained sooner. City Attorney Knippen stated he would research that.

Roll Call Vote: 

Ayes: 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Councilman Rutledge

Councilman Barbier

Councilwoman Fitch 

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

13. ADOPT RESOLUTION R-2018-77, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN NERI CONSTRUCTION CO., INC. FOR THE HALE STREET AND WESLEY STREET UNDERGROUND UTILITY UPGRADES (STREETSCAPE UTILITY WORK – PHASE 2) IN THE AMOUNT OF $1,537,198.25

Councilwoman Fitch moved and Councilman Prendiville seconded that Resolution R-2018-77, A Resolution Authorizing the Execution of an Agreement with John Neri Construction Co. Inc. for the Hale Street and Wesley Street Underground Utility Upgrades (Streetscape Utility Work – Phase 2) in the Amount of $1,537,198.25, be adopted.

City Manager Dzugan stated six bids were submitted for the replacement of water and sanitary sewer mains on sections of Wesley and Hale Streets. He indicated funding would be from the Water and Sanitary Sewer Funds.

In response to Councilman Prendiville, Assistant City Manager Duguay stated the bid was $300,00 below the City’s estimate.

In response to Councilman Rutledge, Director Redman stated the sanitary sewer in the block between Main and Hale is 30 years old and is in good shape. In further response to Councilman Rutledge, Assistant City Manager Duguay stated staff will work closely with the contractor to minimize the impact of the water shut offs.

In response to Councilman Barbier, Assistant City Manager Duguay stated the liquidated damages are $3,000 per day for delays not supported by legitimate circumstances.

Roll Call Vote: 

Ayes: 

Councilwoman Fitch 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Councilman Rutledge

Councilman Barbier

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

14. ADOPT RESOLUTION R-2018-78, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TESSLER CONSTRUCTION CO., INC. FOR THE FRONT STREET TRAIN STATION REHABILITATION IN THE AMOUNT OF $396,809

Councilwoman Fitch moved and Councilman Rutledge seconded that Resolution R-2018-78, A Resolution Authorizing the Execution of an Agreement with Tessler Construction Co. Inc. for the Front Street Train Station Rehabilitation in the Amount of $396,809, be adopted.

City Manager Dzugan stated this work will repair damage to the train station from a fire that occurred in November of 2017. He indicated the City had previously gone out to bid for this work, but the only bid received was rejected by the insurance company. The second time the City went out to bid, three bids were received, with the low bidder being the same as the first bidder but at a cost of $809 more than their previous bid. City Manager Dzugan stated the insurance company has accepted this bid and the work will begin shortly. He indicated the City will need to pay a $25,000 deductible.

In response to Councilwoman Fitch, Assistant City Manager said the plan is to have the work completed by November 1, 2018.

Roll Call Vote: 

Ayes: 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Councilwoman Fitch 

Councilman Rutledge

Councilman Barbier

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

15. COUNCIL COMMENT

Councilman Prendiville thanked staff for the bond sale which was completed with lower interest rates and a lower cost of issuance.

16. APPROVAL OF WARRANT

Councilman Rutledge moved and Councilman Prendiville seconded that Warrant No. 733 in the amount of $1,809,300.41 be approved.

Roll Call Vote: 

Ayes: 

Councilman Rutledge

Councilman Barbier

Councilwoman Fitch 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

17. ADJOURNMENT

Councilman Prendiville moved and Councilman Barbier seconded that the regular Wheaton City Council Meeting be adjourned at 7:39 p.m.

Roll Call Vote: 

Ayes: 

Councilman Prendiville 

Mayor Pro Tem Scalzo 

Councilman Rutledge

Councilman Barbier

Councilwoman Fitch 

Nays: None

Absent: Mayor Gresk

Councilman Suess 

Motion Carried Unanimously

https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_08062018-960