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Monday, May 6, 2024

City of Wheaton City Council met Oct. 17

City of Wheaton City Council met Oct. 17.

Here are the minutes provided by the council:

1. Call to Order and Roll Call The regular Wheaton City Council Meeting was called to order at 7:01 p.m. by Mayor Philip J. Suess. Upon roll call, the following were:

Physically Present:

Mayor Suess

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Absent:

Councilwoman Fitch

City Staff Physically Present:

Michael Dzugan, City Manager

John Duguay, Assistant City Manager

Jim Knippen, City Attorney

James Kozik, Director of Planning & Economic Development

Robert Lehnhardt, Director of Finance

William Murphy, Police Chief

Holly Schulz, Director of Human Resources

Joseph Tebrugge, Director of Engineering

Peter Vassios, Interim Fire Chief

Princeton Youker, Deputy Police Chief

Brandon Kowalke, Senior Management Analyst

Susan Bishel, Public Information Officer

Andrea Rosedale, City Clerk

2. Presentation Following remarks from Chief Murphy, Mayor Suess presided over Police Promotions/ Swearing-in Ceremonies for Gregory Klos to Lieutenant and Justin Sanchez to Sergeant.

Mayor Suess presented a proclamation to Rotary Club of Wheaton A.M. member, Kaitlyn Wild along with P.M. Rotary Club members, Mark Daniels, and Bill McGurr in recognition of World Polio Day.

3. Citizens to be Heard Mrs. Sherry Henricks, 1531 Creekside Cove, spoke regarding the dredging of the Streams Lakes. She urged City Council to refer to past topographies when considering landscape changes to the Streams Lakes Area in consideration of the residents.

4. Consent Agenda Councilman Barbier moved and Councilwoman Robbins seconded that the following action be taken on the Consent Agenda items:

Approve the minutes of the Wheaton City Council Meeting - October 3, 2022, as submitted.

2. Pass Ordinance 0-2022-43, An Ordinance Repealing Article III, “Foreign Fire Insurance Companies”, and Article V, “Foreign Fire Insurance Tax Board” of Chapter 30, “Fire Prevention and Protection” of the Wheaton City Code.

3. Adopt Resolution R-2022-82, A Resolution Approving a Grant of Sidewalk Easement (137 George Street).

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown Mayor Suess

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

5. Pass Ordinance O-2022-44, An Ordinance Amending City of Wheaton Ordinance Nos. E-3972, F-1471, F 1480, and 0-2021-09 “An Ordinance Conditionally Amending the Wheaton Zoning Map and Conditionally Granting a Special Use Permit for planned Unit Development on a Certain Piece of Property Commonly located at the Northeast Corner of East Loop Road and Butterfield Grady's/ Cozymel's Restaurants” (WashU Real Estate, LLC.) Councilman Weller moved and Councilman Barbier seconded that 0-2022-44, An Ordinance Amending City of Wheaton Ordinance Nos. E-3972, F-1471, F-1480, and 0-2021-09 “An Ordinance Conditionally Amending the Wheaton Zoning Map and Conditionally Granting a Special Use Permit for planned Unit Development on a Certain Piece of Property Commonly Located at the Northeast Corner of East Loop Road and Butterfield Grady's/ Cozymel's Restaurants” (WashU Real Estate, LLC.), be passed.

City Manager Dzugan highlighted paragraph 9 of the ordinance which clarified City Council will review the traffic report together with any recommendations to determine if additional conditions to the ordinance are appropriate.

Roll Call Vote:

Ayes: Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown Mayor Suess

Councilwoman Robbins

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

6. Pass Ordinance 0-2022-45, An Ordinance Amending the Text of the Wheaton Zoning Ordinance Articles 3.40.1 and 25.7.2 of the Wheaton Zoning Ordinance “Residential Exterior Lighting” Councilwoman Bray-Parker moved and Councilman Brown seconded that 0-2022-45, An Ordinance Amending the Text of the Wheaton Zoning Ordinance Articles 3.4D.1 and 25.7.2 of the Wheaton Zoning Ordinance “Residential Exterior Lighting”, be passed.

City Manager Dzugan stated the ordinance was modified since the first reading to address private versus public property. He stated, although not part of the ordinance, the City will organize an ongoing public information campaign pertaining to residential outdoor lighting.

Mayor Suess thanked the City Staff for efforts and expressed satisfaction that the ordinance reflects the language of the consulted experts.

Roll Call Vote:

Ayes: Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Nays: Absent:

None Councilwoman Fitch Motion Carried Unanimously

7. Pass Ordinance O-2022-46, An Ordinance Amending Chapter 2, Article II, of the Wheaton City Code – “City Election Districts” Councilman Brown moved and Councilwoman Robbins seconded that 0-2022-46, An Ordinance Amending Chapter 2, Article II, of the Wheaton City Code – “City Election Districts”, be passed.

Roll Call Vote:

Ayes: Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

8. Pass Ordinance O-2022-47, An Ordinance Dissolving the Special Tax Allocation Fund and Terminating the Designation of the City of Wheaton Main Street Redevelopment Project Area (C/K/A/ TIF 2) within the City of Wheaton, DuPage County, Illinois Councilwoman Robbins moved and Councilman Weller seconded that 0-2022-47, An Ordinance Dissolving the Special Tax Allocation Fund and Terminating the Designation of the City of Wheaton Main Street Redevelopment Project Area (C/K/A/ TIF 2) within the City of Wheaton, DuPage County, Illinois, be passed.

City Manager Dzugan reflected upon the 23-year success of TIF 2 which funded much needed infrastructure in the Downtown which encouraged private reinvestment. He highlighted the ordinance permits the establishment of a segregated fund to close out any remaining expenses through 2023 that were contracted through December of 2022.

Councilman Barbier echoed the success of TIF 2 comparing 1999's Downtown to current day.

Roll Call Vote:

Ayes: Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

9. Adopt Resolution R-2022-83, A Resolution Authorizing the Execution of Agreement No. 337 with Hoerr Construction for the 2022 Sewer Main to Service Lateral Connection Testing and Sealing Project for a Total Amount Not to Exceed $340,735 Councilman Barbier moved and Councilwoman Bray-Parker seconded that R-2022-83, A Resolution Authorizing the Execution of Agreement No. 337 with Hoerr Construction for the 2022 Sewer Main to Service Lateral Connection Testing and Sealing Project for a Total Amount Not to Exceed $340,735, be adopted.

City Manager Dzugan stated the Grouting Program was designed to reduce ground water infiltration into the sanitary sewer system to address sanitary sewer backups and overflows.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

10. Adopt Resolution R-2022-84, A Resolution Authorizing the Execution of Agreement No. 336 with Schroeder & Schroeder, Inc. for the 2022 Fall New Sidewalk Program for a Total Amount Not to Exceed $836,875 Councilman Barbier moved and Councilman Brown seconded that R-2022-84, A Resolution Authorizing the Execution of Agreement No. 336 with Schroeder & Schroeder, Inc. for the 2022 Fall New Sidewalk Program for a Total Amount Not to Exceed $836,875, be adopted.

City Manager Dzugan stated 2.6 miles of new sidewalk are to be installed through the 2022 Fall Sidewalk Program. He confirmed cement shortages have resulted in increased costs.

In response to Councilman Weller, Assistant City Manager Duguay stated that residents can view upcoming construction schedules and plans through a letter that will be mailed to affected residences which will contain a QR Code linked to the City Website.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

11. Receive Planning and Zoning Board Report Re: ZA #22-24/ Variations/ 1300 Aurora Way/ Tenerelli and pass Ordinance No. 0-2022-48, An Ordinance Granting Setback Variations to Article 3.4A.6, Article 10.2.5, and Article 24.5.8 of the Wheaton Zoning Ordinance to Allow the Construction and Use of a New Single-Family Residence with a Paver Patio and Pool on a Certain Piece of Property Commonly known as 1300 Aurora Way - Tenerelli Councilwoman Robbins moved and Councilman Brown seconded to receive report from Planning and Zoning Board Re: ZA #22-24/ Variations/ 1300 Aurora Way/ Tenerelli.

City Manager Dzugan noted the property is a uniquely configured corner lot which contributes to the need for many variations.

Councilwoman Robbins expressed delight to have a home occupy the corner again.

Roll Call Vote:

Ayes: Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown Mayor Suess

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

Councilwoman Robbins moved and Councilman Brown seconded that 0-2022-48, An Ordinance Granting Setback Variations to Article 3.41.6, Article 10.2.5, and Article 24.5.8 of the Wheaton Zoning Ordinance to Allow the Construction and Use of a New Single-Family Residence with a Paver Patio and Pool on a Certain Piece of Property Commonly known as 1300 Aurora Way - Tenerelli, be passed.

Roll Call Vote:

Ayes: Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

12. Receive Planning and Zoning Board Report Re: ZA #22-25/ Text Amendment/ Wheaton Zoning Ordinance Article 5.2 – The Planning and Zoning Board and Article 5.9 – Appeals and First Reading of An Ordinance Amending the Text of the Wheaton Zoning Ordinance Articles 5.2 and 5.9 Pertaining to the Existing Provisions for All Boards, Commissions and Committees Councilwoman Bray-Parker moved and Councilman Brown seconded a motion to receive report from Planning and Zoning Board ZA #22-25/ Text Amendment/ Wheaton Zoning Ordinance Article 5.2 – The Planning and Zoning Board and Article 5.9 – Appeals.

City Manager Dzugan stated the proposed ordinance along with the subsequent ordinance amends several sections of the Zoning Ordinance to ensure consistency with the City Code resulting from the August Board and Commission Ordinance update.

Roll Call Vote:

Ayes: Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

13. Receive Planning and Zoning Board Report Re: ZA #22-26/Text Amendment/ Planning and Zoning Board's Rules and Procedures and First Reading of An Ordinance Amending the Text of the Planning and Zoning Board's Rule of Procedures to Ensure Consistency Between the Rules of Procedure and the Wheaton City Code Provisions Councilman Brown moved and Councilwoman Robbins seconded a motion to receive report from Planning and Zoning Board ZA #22-26/ Text Amendment/ Planning and Zoning Board's Rules and Procedures.

Roll Call Vote:

Ayes: Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

14. First Reading of An Ordinance Amending the Code of Ordinances of the City of Wheaton Chapter 2 (Administration), Article IV (Departments) City Manager Dzugan highlighted the proposed amendment to City Code will establish a City legal department which will comprise of a full time staff attorney to serve the City Council and City staff in preparation for the upcoming retirement of the City's current attorney, Jim Knippen.

Councilman Barbier asked for clarification of why an appointed City Attorney would require the City manager's permission to do volunteer work. Attorney Knippen pointed out that some volunteer work could be controversial and that it would be appropriate for the City manager to avoid controversies that could undermine the public perceptions of the professionalism of City staff or members of the council.

15. Adopt Resolution R-2022-85, A Resolution Approving Funding for "Nights of Lights” in the City of Wheaton's Adams Park Councilwoman Robbins moved and Councilman Brown seconded that R-2022-85, A Resolution Approving Funding for “Nights of Lights” in the City of Wheaton's Adams Park, be adopted.

City Manager Dzugan stated the resolution funds the “Nights of Lights” in Adams Park for the next three holidays and continues the partnership with the DWA, which will manage the project.

Roll Call Vote:

Ayes: Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

16. Adopt Resolution R-2022-86, A Resolution Authorizing the Mayor to sign and Directing the City Clerk to Attest to That Certain Intergovernmental Agreement Between the City of Wheaton and the County of DuPage, Illinois for the Cadillac and Wakeman Flood Improvement Project Councilwoman Bray-Parker moved and Councilwoman Robbins seconded that R-2022-86, A Resolution Authorizing the Mayor to sign and Directing the City Clerk to Attest to That Certain Intergovernmental Agreement Between the City of Wheaton and the County of Dupage, Illinois for the Cadillac and Wakeman Flood Improvement Project, be adopted.

City Manager Dzugan stated the Cadillac and Wakeman Flood Improvement Project is an effort to reduce overland flooding for nearby homes through the installation of new storm sewer lines to convey water to detention areas or nearby creeks. He highlighted the resolution authorizes the execution of an Intergovernmental Agreement with the County for $500,000 in grant funding secured by the City.

Roll Call Vote:

Ayes: Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

17. Adopt Resolution R-2022-87, A Resolution Authorizing the Binding of Property and Liability Insurance Coverages for November 1, 2022 Through October 31, 2023 Councilman Brown moved and Councilman Weller seconded that R-2022-87, A Resolution Authorizing the Binding of Property and Liability Insurance Coverages for November 1, 2022 Through October 31, 2023, be adopted.

City Manager Dzugan reported this will be the fourth straight year the City will experience an increase for Property and Liability Insurance due to risk of cyber threats and law enforcement coverage.

In response to Mayor Suess, Director Lehnhardt confirmed there is no reduction in coverage.

Roll Call Vote:

Ayes: Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

18. Council Comment Councilwoman Bray-Parker thanked CUSD 200 for hosting the Elected Officials Forum breakfast. She recognized the League of Women Voters for their Civic Awareness Series event on the Science of Us Versus Them.

Councilman Barbier thanked the Wheaton Park District for hosting the Halloween Happening. He also expressed gratitude to the organizers and event participators for the Touch-A-Truck event.

WHEATON CITY COUNCIL PROCEEDINGS October 17, 2022

Mayor Suess expressed appreciation to the Community Relations Commission for the Wheaton Gives Back events. He noted both the clothing drive deposits at various locations including City Hall and the Unload the Truck event at the People's Resource Center.

19. Approval of Warrant Councilman Barbier moved and Councilwoman Bray-Parker seconded that Warrant No. 834 in the amount of $3,118,047.44 be approved.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously

20. Adjournment Councilman Barbier moved and Councilwoman Bray-Parker seconded that the regular Wheaton City Council Meeting be adjourned at 7:45 p.m.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown Mayor Suess

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: Councilwoman Fitch

Motion Carried Unanimously