WHEATON CITY COUNCIL PROCEEDINGS MONDAY, FEBRUARY 6, 2017 WHEATON CITY HALL, COUNCIL CHAMBERS, 303 W. WESLEY ST., WHEATON, IL

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1 WHEATON CITY COUNCIL PROCEEDINGS MONDAY, FEBRUARY 6, 2017 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 Gresk. Upon roll call, the following were: Physically Present: City Staff Present: Mayor Michael J. Gresk Councilwoman Suzanne Fitch Councilman John Prendiville Councilman John Rutledge Councilman Thor Saline Councilman Todd Scalzo Councilman Phil Suess Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager James Knippen, City Attorney Paul G. Redman, Director of Engineering James P. Kozik, Director of Planning & Economic Dev. Kevin Maloney, Public Works Forestry Superintendent Arin Thrower, Public Information Officer Sharon Barrett-Hagen, City Clerk 2. PRESENTATIONS read and presented a proclamation to Ms. Dorothy Sonntag, Regent, Perrin-Wheaton Chapter of DAR, recognizing their 89 th anniversary. On behalf of the members of the organization, including 110 year old Merle Phillips, Ms. Sonntag thanked the Mayor and City Council for their support and encouraged everyone to visit them on Facebook. read and presented a proclamation to Mr. Mike Moyski, of Mathieson, Moyski, Austin & Co., recognizing their 30 th anniversary of being in business in Wheaton. Mr. Moyski introduced the firm s partners and thanked the Mayor and Council for the recognition. He announced they are having an open house on February 9 from 5 to 7:30 p.m. at their office located at 211 S. Wheaton Avenue. 3. CITIZENS TO BE HEARD Dr. Robert Rammer, Assistant Superintendent, CUSD 200, reminded everyone of the referendum on the April 4 th ballot for major facilities improvements. He referred residents to their website, for additional information. questioned if they would be holding any evening informational meetings. Dr. Rammer replied they plan on having some evening events. 4. CONSENT AGENDA moved and seconded that the following action be taken on the Consent Agenda items: 1. Approve the Minutes of the January 17, 2017 regular Wheaton City Council Meeting, as submitted. 2. Approve Request for Bond Waiver and Authorize Issuance of Raffle License/Lowell PTA.

2 February 6, 2017/ Page 2 3. Pass Ordinance No. F-1995, An Ordinance Granting a Corner Side Yard Setback Variation on a Certain Piece of Property Commonly Known as 830 Aurora Way Day. 4. Adopt Resolution R-04-17, A Resolution Approving a Plat of Easement Grant (1561 South Hawthorne Lane). 5. Adopt Resolution R-05-17, A Resolution Approving the Final Plat of Waldorth Court Resubdivision. 6. Receive Procurement Officer s Recommendation and Approve Purchase of a Brush Chipper from Vermeer in an Amount of $51,247. Roll Call Vote on Consent Agenda: 5. PASS ORDINANCE NO. F-1996, AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF WHEATON, ILLINOIS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE moved and seconded that Ordinance No. F-1996, An Ordinance Adopting and Enacting a New Code for the City of Wheaton, Illinois; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for the Manner of Amending Such Code; and Providing When Such Code and this Ordinance Shall Become Effective, be passed. City Manager Dzugan stated the City Council reviewed revisions to the 1996 Code a few months ago. He stated this item appeared on the January 17, 2017 agenda as a first reading and would repeal and replace the existing City Code. City Manager Dzugan recommended approval of the ordinance as presented.

3 February 6, 2017/ Page 3 6. PASS ORDINANCE NO. F-1997, AN ORDINANCE AMENDING THE OFFICIAL MOTOR VEHICLE AND TRAFFIC SCHEDULES (CHAPTER 70) AND APPENDIX B (FEE SCHEDULE) OF THE WHEATON CITY CODE moved and seconded that Ordinance No. F-1997, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) and Appendix B (Fee Schedule) of the Wheaton City Code, be passed. City Manager Dzugan stated this item appeared on the January 17, 2017 agenda as a first reading. He indicated the proposed ordinance would amend the traffic schedule and include leased parking fees in Appendix B of the City Code. City Manager Dzugan recommended approval of the ordinance as submitted. 7. PASS ORDINANCE NO. F-1998, AN ORDINANCE AMENDING ORDINANCE NO. E-3323 AN ORDINANCE AMENDING THE WHEATON ZONING MAP AND GRANTING A SPECIAL USE PERMIT FOR A JAPANESE-STYLE SIT-DOWN RESTAURANT HI-DOMO RESTAURANT KEIM S DANADA FARMS WEST RESUBDIVISION OF LOT 4 /2040 S. NAPERVILLE ROAD GLAZIER CORPORATION moved and seconded that Ordinance No. F-1998, An Ordinance Amending Ordinance No. E-3323 An Ordinance Amending the Wheaton Zoning Map and Granting a Special Use Permit for a Japanese-Style Sit-Down Restaurant Hi-Domo Restaurant Keim s Danada Farms West Resubdivision of Lot 4 /2040 S. Naperville Road Glazier Corporation, be passed. City Manager Dzugan stated this item also appeared on the January 17, 2017 agenda with the Council directing ordinance preparation approving the request. He stated the proposed ordinance would allow for the demolition of the current building, the existing Domo Restaurant, and the construction of a new 8,935 square foot retail building on the property with a drive-through service lane. City Manager Dzugan recommended approval of the ordinance as presented.

4 February 6, 2017/ Page 4 8. APPROVAL OF APPOINTMENTS/REAPPOINTMENTS TO CITY BOARDS AND COMMISSIONS moved and seconded that Tim Bayee be appointed to the Board of Trustees Police Pension Fund for a two year term, and that Bill Gilbertson, Andrea Petti and Jeannie Iseman be reappointed to the Housing Commission, each for a three year term. 9. ADOPT RESOLUTION R-06-17, A RESOLUTION AUTHORIZING AN AGREEMENT WITH BENSIDOUN USA, INC., DATED FEBRUARY 6, 2017 moved and seconded that Resolution R-06-17, A Resolution Authorizing an Agreement with Bensidoun USA, Inc., dated February 6, 2017, be adopted. City Manager Dzugan stated the Council has a memorandum from the Director of Planning & Economic Development recommending that the City enter into a three-year market lease agreement with Bensidoun USA, operators of the Downtown French Market. He stated a longer term agreement is contemplated once details for the market are defined as part of the downtown streetscape project. City Manager Dzugan recommended approval of the resolution which authorizes execution of the market lease agreement. questioned if the $2MM liability insurance provides an adequate amount of coverage. City Attorney Knippen advised it is his opinion that it is, given the low probability of the occurrence of a catastrophic event. In response to, City Attorney Knippen confirmed no alcohol is sold for consumption on site. 10. ADOPT RESOLUTION R-07-17, A RESOLUTION AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF

5 February 6, 2017/ Page 5 TRANSPORTATION FOR FEDERAL PARTICIPATION IN THE GARY AVENUE RESURFACING PROJECT moved and seconded that Resolution R-07-17, A Resolution Authorizing Execution of a Local Public Agency Agreement with the Illinois Department of Transportation for Federal Participation in the Gary Avenue Resurfacing Project, be adopted. City Manager Dzugan stated the Council has before them a resolution authorizing an agreement with the Illinois Department of Transportation, providing over $175,000, or 55% of the cost, of federal funding for the resurfacing of Gary Avenue from Harrison Avenue to Jewell Road. City Manager Dzugan stated the City s share is estimated to be $143,490. He recommended approval of the resolution as presented. stated the Council will consider another such agreement for resurfacing Orchard Road. He questioned the varying percentages of federal funding for the projects. Director of Engineering Redman stated receiving the federal funding was a competitive process and differing percentages were used to maximize the amount of federal funding received. questioned if this would preclude widening of Gary Avenue or providing a turn lane. Director of Engineering Redman stated this project is for resurfacing only and does not preclude other improvements in the future. 11. ADOPT RESOLUTION R-08-17, A RESOLUTION AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN THE ORCHARD ROAD RESURFACING PROJECT moved and seconded that Resolution R-08-17, A Resolution Authorizing Execution of a Local Public Agency Agreement with the Illinois Department of Transportation for Federal Participation in the Orchard Road Resurfacing Project, be adopted. Similar to the previous item, City Manager Dzugan stated the resolution before the Council would authorize an agreement with the Illinois Department of Transportation for federal funds in the amount of over $375,000 for the resurfacing of Orchard Road from Butterfield Road to Plamondon Road. He indicated the amount of federal funding for the project is 75% of the cost and the City s share is estimated to be $125,075. He recommended approval of the resolution as presented.

6 February 6, 2017/ Page COUNCIL COMMENT acknowledged the opening of the new Whole Foods and thanked them for their continued investment in the community. agreed and stated the grand opening was a wellorchestrated event. 13. APPROVAL OF WARRANT moved and seconded that Warrant No. 697 in the amount of $933, be approved. 14. ADJOURNMENT moved and seconded that the regular Wheaton City Council Meeting be adjourned at 7:30 p.m. Respectfully submitted, Sharon Barrett-Hagen City Clerk