City of Wheaton City Council met Nov. 4.
Here is the minutes as 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 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
Vince Laoang, Director of Public Works
William Murphy, Chief of Police
Holly Schulz, Director of Human Resources
Sharon Barrett-Hagen, City Clerk
2. Presentations
Mayor Suess read and presented a proclamation to CUSD 200 School Board Members proclaiming November 15, 2019 as “School Board Members Day” in Wheaton. Board President Brad Paulsen thanked the Mayor and Council for the proclamation.
3. Report of the City Manager
City Manager Dzugan advised the Assistant City Manager has recommended certain work previously planned as Phase 3 Streetscape be moved to Phase 4; specifically moving the Wheaton Avenue and Liberty Street streetscape work from 2020 to 2021. City Manager Dzugan stated this change is in response to a request from the Downtown Wheaton Association and others to limit work in the downtown area in 2020 to provide a break from the construction and allow easier access to businesses by the large crowds anticipated to visit the Frida Art Exhibit at the College of DuPage.
4. Citizens to Be Heard None.
5. Consent Agenda
Councilwoman Bray-Parker moved and Councilwoman Robbins seconded that the following action be taken on the Consent Agenda items:
1. Approve the October 21, 2019 minutes of the regular Wheaton City Council, as submitted.
2. Approve Bond Waivers and Authorize Issuance of Raffle Licenses to the DuPage Care Center Foundation and NAMI DuPage.
3. Adopt Resolution R-2019-98, A Resolution of the City of Wheaton, DuPage County, Illinois, Authorizing the Mayor and City Clerk to Execute a Construction, Use and Indemnification Agreement – Winter Vestibule – Gia Mia, 106 N. Hale Street.
Roll Call Vote on Consent Agenda:
Ayes:
Councilwoman Bray-Parker
Councilwoman Fitch
Mayor Suess
Councilwoman Robbins
Councilman Rutledge
Councilman Zaruba
Councilman Barbier
Nays: None
Absent: None
Motion Carried Unanimously
6. Pass Ordinance No. O-2019-53, An Ordinance Approving a Preliminary Plat of Subdivision and Lot Depth Variation for Certain Property Commonly Known as 209 N. Summit Street, 213 N. Summit Street, 217 N. Summit Street, 231 N. Summit Street and 1403 Harwarden Street – Henninger Homes Councilwoman Fitch moved and Councilman Barbier seconded that Ordinance No. O-2019-53, An Ordinance Approving a Preliminary Plat of Subdivision and Lot Depth Variation for Certain Property Commonly Known as 209 N. Summit Street, 213 N. Summit Street, 217 N. Summit Street, 231 N. Summit Street and 1403 Harwarden Street – Henninger Homes, be passed.
City Manager Dzugan stated at the October 21 City Council meeting, the City Council directed the City Attorney to prepare an ordinance approving a preliminary plat subdividing property on the east side of Summit Street, between Harwarden Street and Avery Avenue, into five single-family lots with a variation allowing 125-foot lot depths rather than the required 132 feet. He indicated the proposed ordinance contains five conditions as discussed at the October 21 meeting.
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
7. Pass Ordinance No. O-2019-54, An Ordinance Amending Portions of City of Wheaton Employee Rules and Regulations
Councilwoman Robbins moved and Councilman Rutledge seconded that Ordinance No. O-2019-54, An Ordinance Amending Portions of City of Wheaton Employee Rules and Regulations, be passed.
City Manager Dzugan stated a first reading was held on October 21, 2019 regarding proposed changes to the employee manual that would reflect current state and federal laws.
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
8. Adopt Resolution R-2019-99, A Resolution Authorizing the Execution of an Agreement No. 90 for an Extended Scope of Work for the Comprehensive Plan/Market Study/Zoning Ordinance Update for the Roosevelt Road Corridor for a Total Amount Not to Exceed $21,480.00 City Manager Dzugan stated the City Council considered an extension of the scope of work to be done by Camiros with regard to the Roosevelt Road Corridor. Staff has prepared a memorandum describing the intent of the second draft of the comprehensive plan amendment which can be described as a gradual reduction of intensity of uses from east to west that are more closely aligned with the uses currently permitted.
City Attorney Knippen advised this item had been continued from the October 7, 2019 Council meeting, at which time a motion was made which is still open and valid.
Councilman Rutledge moved and Councilman Zaruba seconded that Resolution R-2019-99, A Resolution Authorizing the Execution of Agreement No. 90 for an Extended Scope of Work for the Comprehensive Plan/Market Study/Zoning Ordinance Update for the Roosevelt Road Corridor for a Total Amount Not to Exceed $21,480.00, be adopted.
Councilman Barbier thanked staff for the information and feels the plan for the open houses will result in healthy participation and feedback from the community.
In response to Councilwoman Bray-Parker, Director Kozik stated the open houses would be announced in a press release and email blasts, as well on social media. He stated an on-line survey will also be made available and publicized.
Responding to Councilwoman Fitch, Director Kozik advised the area boundaries are not proposed at this time and will be defined as part of the feedback received from the public.
Councilman Zaruba also thanked staff for providing this information and feels many of the concerns brought forward previously have been addressed.
In response to Councilwoman Robbins, Director Kozik confirmed no changes would be made to the area boundaries until after feedback is received and the issue has been brought back before the Council.
Mayor Suess feels the memorandum presented a good plan going forward.
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
9. Reappointments to City Boards and Commissions
Mayor Suess moved and Councilman Rutledge seconded that Donald Westlake be reappointed to the Band Commission and Gail Forrest be reappointed to the Community Relations Commission, both for three-year terms.
Roll Call Vote
Ayes:
Mayor Suess
Councilwoman Robbins
Councilman Rutledge
Councilman Zaruba
Councilman Barbier
Councilwoman Bray-Parker
Councilwoman Fitch
Nays: None
Absent: None
Motion Carried Unanimously
10. Receive Planning & Zoning Board Report re ZA #19-17/Special Use Permit/300 S. Carlton Avenue/Stay Fur Fun, LLC
Councilman Barbier moved and Councilman Rutledge seconded that the Planning & Zoning Board Report re ZA #19-17/Special Use Permit/300 S. Carlton Avenue/Stay Fur Fun, LLC, be received.
City Manager Dzugan stated the Planning and Zoning Board unanimously approved this special use permit for an overnight pet boarding, dog day care and grooming business at their meeting on October 22, 2019.
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
Councilman Zaruba moved and Councilwoman Robbins seconded to direct the City Attorney to prepare an ordinance approving the special use permit.
Councilman Rutledge stated a comment was made at the Planning and Zoning Board meeting that this business may compete with another business. He said that is something the Council cannot control as that is determined by the marketplace. He did express concerns about dog waste being cleaned up on the property.
Roll Call Vote:
Ayes:
Councilman Zaruba
Councilman Barbier
Councilwoman Bray-Parker
Councilwoman Fitch
Mayor Suess
Councilwoman Robbins
Councilman Rutledge
Nays: None
Absent: None
Motion Carried Unanimously
11. Adopt Resolution R-2019-100, A Resolution Authorizing the Execution of Agreement No. 95 for DUI Prosecution Services for a Total Amount Not to Exceed $144,000 Councilman Rutledge moved and Councilman Zaruba seconded that Resolution R-2019-100, A Resolution Authorizing the Execution of Agreement No. 95 for DUI Prosecution Services for a Total Amount Not to Exceed $144,000, be adopted.
City Manager Dzugan stated Police Chief Murphy has recommended the City enter into a new three-year contract with Marquardt and Belmonte for DUI prosecution services. He advised the contract would be for the same amount as the City’s previous contract with Marquardt and Belmonte.
Councilwoman Fitch questioned how the money from the fines was distributed. City Attorney Knippen stated some of the money goes to the City, some of the money goes to DuPage County and some money goes into certain funds designated by the State. In response to Mayor Suess, City Attorney Knippen stated the City does recover its costs.
Chief Murphy stated that in addition to the cases the firm handles, they also provide quarterly training to the police officers and offer 24/7 access to police department staff.
In response to Councilman Rutledge, Chief Murphy stated individuals can be under the influence from alcohol, narcotics or cannabis use, and the firm would handle prosecution of all those cases.
In response to Councilman Zaruba, Chief Murphy stated they have no complaints about the services the firm provides.
Councilman Barbier questioned if the terms of the agreement would be affected if the firm’s case load increases due to cannabis cases. City Attorney Knippen stated that would not affect the terms of the contract. However, City Manager Dzugan stated if the case load increases, the firm may wish to return for an amendment to the contract.
In response to Mayor Suess, City Attorney Knippen stated he would not recommend an opt-out provision in the contract as cases are often tried in more than one court appearance and switching to a new firm may delay some of those proceedings.
Councilman Zaruba indicated there is a niche of attorneys that handle municipal DUI cases and he had no issues with the proposed contract.
In response to Councilwoman Bray-Parker, Chief Murphy stated there are different tests to determine if someone is under the influence of cannabis, which may include blood and urine tests, as compared to tests for being under the influence of alcohol. He confirmed it is still illegal to drive while impaired, regardless of the substance used.
Councilwoman Fitch feels the fact that it will be illegal to consume cannabis in public places should be well publicized. Chief Murphy stated there will be a learning curve dealing with the new cannabis legislation.
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. Adopt Resolution R-2019-101, A Resolution Authorizing the Purchase of One Replacement Backhoe Loader from Altorfer Caterpillar Through the Joint Purchasing Program with the Omnia Partners Cooperative for a Total Amount of $103,800 Councilman Barbier moved and Councilwoman Bray-Parker seconded that Resolution R-2019-101, A Resolution Authorizing the Purchase of One Replacement Backhoe Loader from Altorfer Caterpillar Through the Joint Purchasing Program with the Omnia Partners Cooperative for a Total Amount of $103,800, be adopted.
City Manager Dzugan stated this equipment was budgeted for replacement this year.
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
13. Council Comment Councilwoman Robbins stated she and Councilwoman Bray-Parker attended the Vietnam Veterans commerative ceremony at the VFW Hall on Sunday. She said approximately a dozen Vietnam veterans were in attendance and it was a very moving experience.
Councilman Barbier attended the American Legion pancake breakfast on Saturday – it was delicious.
Councilwoman Bray-Parker stated several Council members attended an elected officials forum hosted by District 200, and it was a great opportunity to collaborate with fellow elected officials. She also attended the DWA Chili Cook-Off which was very well attended.
Mayor Suess welcomed seven boy scouts from Troop 35. The scouts introduced themselves and stated they were working on a communications merit badge. In order to earn the badge, they need to take notes on the meeting and give a presentation on what was discussed.
Mayor Suess welcomed five AP government students from Wheaton North. The students introduced themselves and indicated they are here to take notes and analyze the meeting.
Mayor Suess stated he attended the DuPage 100 Club dinner last week where Wheaton firefighter Craig Williams was given the 2019 Award for Valor for his involvement in a critical rescue during a fire in West Chicago. He congratulated Firefighter Williams and acknowledged the efforts by all of the City’s safety officers.
Mayor Suess thanked the Islamic Center of Wheaton for their open house last Saturday. He encouraged other members of the community to visit the Center if they have a opportunity to do so.
Mayor Suess announced the Theosophical Society was recognized for establishing a Level One Arboretum in the City of Wheaton, the first arboretum in the City.
Mayor Suess stated he had recently forwarded a letter to the Illinois Municipal League and the DuPage Mayors & Managers Conference regarding pension consolidation legislation being considered by the Illinois legislature. He outlined the concerns he and the pension boards have with the proposed legislation which would consolidate police and fire pensions into one fund at the State level. While he is generally supportive of consolidation, Mayor Suess feels the legislation should be adopted on an opt in basis, allowing each community to decide if they wish to participate rather than be mandated to do so. Mayor Suess asked for comments by other Council members with regard to an opt in option.
Councilman Rutledge would like to keep this at the local level and would like an option to opt in.
Councilwoman Fitch feels opt in would give Wheaton the most flexibility.
Mayor Suess feels an opt in is important because the value of pension plans is different for each community and feels Wheaton would be best served if consolidation was done on an opt in basis.
Councilman Barbier stated he would like to keep this local and would prefer an opt in rather than a mandate.
Councilwoman Bray-Parker feels the more municipalities that join would strengthen the program and is concerned that if more communities opt out, the program will not be successful.
City Attorney Knippen stated while it is generally better to have more participants in the program, it could have an opposite effect for those communities that have funded their plans more than others.
Councilman Zaruba would like the ability for Wheaton to make its own decision; however, this could be an uphill battle as the success of the plan depends on everyone joining.
Mayor Suess feels the impact on Wheaton would be different than it would be for other communities as the assets of Wheaton and DuPage County would be used to create scale for the benefit of others. He noted that Cook County would not be included in the pension consolidation plan. He thanked the Council for their feedback and stated he would contact Wheaton’s elected State senators and representatives and express the City’s preference for an opt in option.
14. Approval of Warrant
Councilman Rutledge moved and Councilwoman Fitch seconded that Warrant No. 763 in the amount of $975,082.38, 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
15. Closed Session: Pending Litigation 5 ILCS 120/2(c)(11)
Councilman Rutledge moved and Councilwoman Robbins seconded that the Wheaton City Council adjourn to closed session at 8:09 p.m. for the purpose of discussing Pending Litigation 5 ILCS 120/2(c)(11). Mayor Suess announced that action may be taken by the Council after the Council returns to open session.
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
The City Council returned to the open portion of their meeting at 8:22 p.m.
Councilman Rutledge moved and Councilman Zaruba seconded to direct the City Attorney to prepare a settlement agreement with Morningside Wheaton to settle the litigation.
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
16. Adjournment
Councilwoman Bray-Parker moved and Councilwoman Fitch seconded that the regular Wheaton City Council Meeting be adjourned at 8:23 p.m.
The motion to adjourn the regular City Council Meeting of November 4, 2019 was unanimously approved by voice vote.
https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_11042019-1290
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