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Saturday, November 2, 2024

City of Wheaton City Council met Nov. 7

City of Wheaton City Council met Nov. 7.

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 Fitch

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Absent: None

City Staff Physically Present:

Michael Dzugan, City Manager

John Duguay, Assistant City Manager

Jim Knippen, City Attorney

James Kozik, Director of Planning & Economic Development

Joseph Tebrugge, Director of Engineering

Peter Vassios, Interim Fire Chief

Susan Bishel, Public Information Officer

Andrea Rosedale, City Clerk

2. Presentation

Mayor Suess presented a proclamation to the Wheaton College Gospel Choir in honor of their 35th anniversary. The proclamation was received by Choir Director, Ms. Tanya Egler, along with several Choir members. Ms. Egler thanked the City of Wheaton and invited all to attend the "Return" concert on Saturday, November 19, 2022 at Wheaton College Edman Chapel.

3. Citizens to be Heard

Ms. Michelle Dunlap, 1336 S. Main Street, addressed the City Council on behalf of the Bicyclist and Pedestrian Commission as Co-Chair regarding the prioritization of sidewalk installation for the west side of Orchard Road from Butterfield Road on the south to Summerfield Court to the north. Mayor Suess asked City Staff if the project was feasible. Assistant City Manager Duguay stated that a portion of the stretch may be unincorporated and outside of City jurisdiction which would require coordination with Milton Township.

4. Consent Agenda

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

1. Approve the minutes of the Wheaton City Council Meeting - October 17, 2022, as submitted.

2. Adopt Resolution R-2022-88, A Resolution Authorizing the Disposal of Certain Surplus Property (Police Department).

3. Adopt Resolution R-2022-89, A Resolution Approving a Plat of Easement Grant (2060 & 2070 Orchard Road).

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Fitch

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: None

Motion Carried Unanimously

5. Pass Ordinance O-2022-49, 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

Councilman Weller moved and Councilman Brown seconded that O-2022-49, 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, be passed.

City Manager Dzugan stated both this ordinance and the subsequent ordinance stem from Council review and changes recently approved for the City's Boards and Commissions. He confirmed these changes ensure consistency between the City Code and the Zoning Ordinance.

Roll Call Vote:

Ayes: Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Fitch

Councilwoman Robbins

Nays: None

Absent: None

Motion Carried Unanimously

6. Pass Ordinance O-2022-50, 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 Councilwoman Brown moved and Councilwoman Robbins seconded that O-2022-50, 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, be passed.

Roll Call Vote:

Ayes: Councilman Brown

Mayor Suess

Councilwoman Fitch

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Nays: None

Absent: None

Motion Carried Unanimously

7. Pass Ordinance O-2022-51, An Ordinance Amending the Code of Ordinances of the City of Wheaton Chapter 2 (Administration), Article IV (Departments)

Councilwoman Bray-Parker moved and Councilman Barbier seconded that O-2022-51, An Ordinance Amending the Code of Ordinances of the City of Wheaton Chapter 2 (Administration), Article IV (Departments), be passed.

City Manager Dzugan stated the amendment to City Code creates a Legal Department which includes the hiring of a full-time staff attorney to serve the City Council and City Staff in anticipation of the upcoming retirement of the current City Attorney.

Councilwoman Fitch asked for clarification specific to the wording in Section 2-233(c). City Attorney Knippen suggested the revision of Section 2-233(c) to state, "Be subject to this ordinance, and any terms and conditions set forth in a letter of appointment required by the city manager consistent with this ordinance”.

Councilwoman Fitch asked for further clarification specific to Section 2-233(b) pertaining to the requirement of written consent from the city manager to engage in volunteer work. City Attorney Knippen explained some volunteer work may be perceived as politically controversial in nature and to avoid potential political entanglement the city manager will review requests in effort to maintain balance. Councilwoman Fitch suggested revising the language to specify political work and not volunteer work.

Mayor Suess stated he would prefer the text remain as volunteer work to allow the city manager to discern whether volunteerism may be perceived as problematic.

Both Councilwoman Bray-Parker and Councilman Barbier agreed to amend their motion to revise the wording in Section 2-233(c).

Roll Call Vote as Amended:

Ayes: Councilwoman Bray-Parker

Councilman Brown Mayor Suess

Councilwoman Fitch

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Nays: None

Absent: None

Motion Carried Unanimously

8. Approve Reappointment and Appointments to City Boards and Commissions

Mayor Suess moved and Councilwoman Fitch seconded that Donald Westlake be reappointed to the Band Commission and Tom Teune, Anthony DiLeonardi, and Gary Wente be appointed to the Commission on Aging for three-year terms.

Roll Call Vote:

Ayes: Mayor Suess

Councilwoman Fitch

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Nays: None

Absent: None

Motion Carried Unanimously

9. Adopt Resolution R-2022-90, A Resolution Authorizing the Execution of a Certain Construction, Use and Indemnification Agreement (704 N. Gary Ave.)

Councilwoman Robbins moved and Councilman Barbier seconded that R-2022-90, A Resolution Authorizing the Execution of a Certain Construction, Use and Indemnification Agreement (704 N. Gary Ave.), be adopted.

City Manager Dzugan stated the resolution allows 11 maple trees to remain within an alley right of way adjacent to 704 N. Gary Avenue.

In response to Councilwoman Bray-Parker, Assistant City Manager Duguay confirmed the agreement is transferable upon change of ownership.

Roll Call Vote:

Ayes: Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Fitch

Nays: None

Absent: None

Motion Carried Unanimously

10. Pass Ordinance O-2022-52, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 - Alcoholic Beverages Class Y License - Private Craft Cocktail Lounge

Councilman Brown moved and Councilman Weller seconded that O-2022-52, An Ordinance Amending the Wheaton Liquor Control Ordinance, Chapter 6 Alcoholic Beverages Class Y License Private Craft Cocktail Lounge, be passed.

City Manager Dzugan stated the amendment to liquor code creates a new license classification authorizing a private craft cocktail lounge modeled on a Glen Ellyn classification and the City's existing standards for Class A and B licenses.

In response to Councilman Barbier, City Attorney Knippen confirmed the Police Department will work with staff to ensure that Class Y licenses are subject to the same limitations and regulations of other licenses within the city.

Roll Call Vote:

Ayes: Councilman Brown

Mayor Suess

Councilwoman Fitch

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Nays: None

Absent: None

Motion Carried Unanimously

11. Approval of Application for a Class Y Liquor License - Subourbon LLC-121 W. Front Street

Councilwoman Robbins moved and Councilman Barbier seconded that the Application for a Class Y Liquor License - Subourbon LLC-121 W. Front Street, be approved.

Roll Call Vote:

Ayes: Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Fitch

Nays: None

Absent: None

Motion Carried Unanimously

12. First Reading of An Ordinance Amending Chapter 22, "Building and Building Regulations", Article V, "Electrical Codes", Section 22-51, "Amendments", Subsection (f) of the Wheaton City Code Residential Exterior Lighting - Dark Sky Compliant Light Fixtures

City Manager Dzugan reported part of the recommendation to amend the Zoning Ordinance on exterior lighting to include all new residential structures constructed after the date ordinance approval would be IDA and/or Dark Sky compliant.

13. Adopt Resolution R-2022-91, A Resolution Authorizing the Mayor to Sign and Directing the City Clerk to Attest to An Intergovernmental Agreement for Participation in the Mutual Aid Box Alarm System (MABAS Master Agreement 2022)

Councilman Barbier moved and Councilwoman Robbins seconded that R-2022-91, A Resolution Authorizing the Mayor to Sign and Directing the City Clerk to Attest to An Intergovernmental Agreement for Participation in the Mutual Aid Box Alarm System (MABAS Master Agreement 2022), be adopted.

City Manager Dzugan reported the City of Wheaton has participated in the Mutual Aid Box Alarm System since 1989. He highlighted the agreement permits the city to participate in and receive assistance from other municipalities during emergencies.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Fitch

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: None

Motion Carried Unanimously

14. Council Comment

Mayor Suess invited the community to attend the American Legion Post 76 Veterans Day Ceremony at 10:45 a.m. in Memorial Park Friday, November 11, 2022.

15. Approval of Warrant

Councilwoman Fitch moved and Councilman Barbier seconded that Warrant No. 835 in the amount of $2,646,142.98 be approved.

Roll Call Vote:

Ayes: Councilwoman Fitch

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Nays: None

Absent: None

16. Adjournment

Motion Carried Unanimously

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

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilwoman Fitch

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: None

Motion Carried Unanimously

https://docs.google.com/document/d/1hWBkPH3RHjtkVy7T-ryFApCErmE5BDZo4Zv4zfIbLZ8/edit