Chicago City Wire

City of Wheaton City Council met Dec. 2

Here are the minutes provided by the council:

MAYOR PHiLlPJ. SUESS COUNCILMAN MICIMEL BARBIER i COUNCILWOMAN ERICA BRAY‘PARKER [ COUNCILMAN SCOTT BROWN COUNCILMAN BRADLEY CLOUSING I COUNCILWOMAN LYNN ROBBINS l COUNCILMAN SCOTT WELLER WHEATON CITY HALL, COUNCIL CHAMBERS. 303 W WESLEY STREET, WHEATON, ILLINOIS 60187

1. Call to Order and Roll Call

The regular Wheaton City Council Meeting was called to order at 7:02 p.m. by Mayor Philip J. Suess. Upon roll call, the following were:

Physically Present: Mayor Suess

Councilman Clousing

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Absent: None

City Staff Physically

Present: Michael Dzugan, City Manager

Dawn Didier, City Attorney

Robert Brill, Fire Chief

Jim Kozik, Director of Planning & Economic Development

Robert Lehnhardt, Director of Finance

Joseph Tebrugge, Director of Engineering

Princeton Youker, Chief of Police

Brian Gabryel, Deputy Chief of Police

Al McMillen, Water Superintendent

Susan Bishel, Public Information Officer

Andrea Rosedale, City Clerk

City Staff Electronically

Present: Samuel Webb, Fleet Superintendent

2. Citizens to be Heard

Lexander Gossage, 224 S. Summit Street, reported his efforts working towards a merit badge for Boy Scouts.

3. Presentations

Mayor Suess presided over the swearing—in ceremony for Police Officer Paul Michael Denovo and Police Officer Charles Jeffrey Schutt, preceded by remarks from Chief Youker.

Mayor Suess presented a proclamation proclaiming December 13m and 14‘“, as ”Christmas Sharing Weekend” to Ms. Julie Nelligan, President of Christmas Sharing Wheaton Warrenville. Ms. Nelligan thanked the City of Wheaton for their continued support and reported 750 families from Community Unit School District 200 will be served through this year’s event. Ms. Nelligan invited the community to volunteer or donate via Christmas—sharingorg.

4. Consent Agenda

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

1. Approve the minutes of Wheaton City Council Regular Meeting — November 18, 2024, as submitted.

2. Adopt Resolution R-2024—101, A Resolution Approving the Final Plat Subdivision for KA Subdivision.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilman Clousing

Councilwoman Robbins

Councilman Welier

Nays: None

Absent: None

Motion Carried Unanimously

5. First Reading of Ordinance, An Ordinance Levying Taxes for General and Special Corporate Purposes for the Fiscal Year Beginning January 1, 2025 and Ending December 31, 2025 for the City of Wheaton, lllinois

City Manager Dzugan stated New Business items 1, 2 and 3 relate t0 Property Tax Levies which were reviewed at the Council’s October Planning Session and will be considered for adoption at the December l6, 2024 City Council Meeting. He reported the General and Special Corporate Purpose Levy for the 6"“ consecutive year will not increase. He reported Special Service Area #3, for the Streams Maintenance, and Special Service Area #8, for downtown promotion and services, also had no levy increase.

6. First Reading of Ordinance, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2025 and Ending December 31, 2025 In and for the City of Wheaton Special Service Area Number Three

7. First Reading of Ordinance, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2025 and Ending December 31, 2025 In and For the City of Wheaton Special Service Area Number Eight

8. Adopt Resolution R-2024-102, A Resolution Authorizing the Execution of Agreement No. 507 with AMS Industries, Inc. for Pump Station Variable Frequency Drives for a Total Amount Not to Exceed $474,100 and a 10% Contingency

Councilman Brown moved and Councilwoman Robbins seconded that R-2024-102, A Resolution Authorizing the Execution of Agreement No. 507 with AMS Industries, Inc. for Pump Station Variable Frequency Drives for a Total Amount Not to Exceed $474,100 and a 10% Contingency, be adopted.

City Manager Dzugan stated three bids were received to replace variable frequency drives for 7 different pumps at 3 pumping stations: President, Reber and Countryside. He highlighted the bid is under budget by over $200,000.

Roll Call Vote:

Ayes: Councilman Brown

Mayor Suess

Councilman Clousing

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Nays: None

Absent: None

Motion Carried Unanimously

9. Adopt Resolution R-2024-103, A Resolution Authorizing the Execution of Agreement No. 489 with Arcadis U.S., Inc. for a Risk Based Analysis ofthe Municipal Water Distribution Infrastructure for a Total Amount Not to Exceed $99,028 and a 10% Contingency

Councilman Weller moved and Councilman Clousing seconded that R—2024-103, A Resoiution Authorizing the Execution of Agreement No. 489 with Arcadis U.S., inc. for a Risk Based Analysis of the Municipal Water Distribution Infrastructure for a Total Amount Not to Exceed $99,028 and a 10% Contingency, be adopted.

City Manager Dzugan stated the Public Works Director recommended the execution of an agreement with Arcadis for the completion of a risk-based anaiysis ofthe City’s water distribution infrastructure with both above and below ground assets.

Roll Call Vote:

Ayes: Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilman Clousing

Councilwoman Robbins

Nays: None

Absent: None

Motion Carried Unanimously

10. Adopt Resolution R-2024-104, A Resolution Authorizing the Execution of Agreement No. 509 with MacQueen Equipment LLC for the Purchase of One (1) Replacement Fire Pumper Truck in Accordance with the Houston-Galveston Area Council Cooperative Purchasing Program’s Contract #F512-23 for a Total Amount Not to Exceed $1,131,000

Councilman Weller moved and Councilwoman Bray-Parker seconded that R-2024-104, A Resolution Authorizing the Execution of Agreement No. 509 with MacQueen Equipment LLC for the Purchase of One (1) Replacement Fire Pumper Truck in Accordance with the Houston-Galveston Area Council Cooperative Purchasing Program’s Contract #F512-23 for a Total Amount Not to Exceed $1,131,000, be adopted. 

City Manager Dzugan stated due to significant lead time and to avoid cost increases, staff recommended entering into an agreement with MacQueen Equipment for a Pierce manufactured Fire Pumper Truck which would not be delivered until 2029. He reported the order may be cancelled up to 6 months before scheduled completion without incurring any cost, further commitments or penalties.

Roll Call Vote:

Ayes: Councilman Weller

Councilman Barbier

Councilwoman Bray—Parker

Councilman Brown

Mayor Suess

Councilman Clousing

Councilwoman Robbins

Nays: None

Absent: None

Motion Carried Unanimously

11. Adopt Resolution R-2024-105, A Resolution Authorizing the Execution of Agreement No. 510 with MacQueen Equipment LLC for the Purchase of One (1) Replacement Fire Ladder Truck in Accordance with the Houston-Galveston Area Council Cooperative Purchasing Program’s Contract #F512-23 for a Total Amount Not to Exceed $2,180,000

Councilwoman Robbins moved and Councilman Brown seconded that R-2024-105, A Resolution Authorizing the Execution of Agreement No. 510 with MacQueen Equipment LLC for the Purchase of One (1) Replacement Fire Ladder Truck in Accordance with the Houston-Galveston Area Council Cooperative Purchasing Program’s Contract #F512-23 for a Total Amount Not to Exceed $2,180,000, be adopted.

City Manager Dzugan stated due to significant lead time and to avoid cost increases, staff recommended entering into an agreement with MacQueen Equipment for a Pierce manufactured Fire LadderTruck which would not be delivered until late 2028. He reported the order may be cancelled up until 6 months before scheduled completion without incurring any cost, further commitments or penalties.

Roll Call Vote:

Ayes: Councilwoman Robbins

Councilman Weller

Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilman Clousing

Nays: None

Absent: None

Motion Carried Unanimously

12. Pass Ordinance 0-2024-33, An Ordinance Amending the Caiendar Year 2024 Budget Contained in Ordinance No. 0-2023-51

Councilman Barbier moved and Councilwoman Robbins seconded that 0-2024-33, An Ordinance Amending the Calendar Year 2024 Budget Contained in Ordinance No. 0-2023—51, be passed.

City Manager Dzugan stated the request from the Library Board for a budget modification in the amount of $40,000 within the Capitai Replacement Fund is to purchase new shelving for the main floor fiction area.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilman Clousing

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: None

Motion Carried Unanimously

Councilwoman Robbins recused herself at 7:26 p.m. from the discussions pertaining to an Application for a Class A Liquor License — Bar the Hour LTD DBA High Rollers Company Worldwide — 120 N. Main Street, due to a potential conflict of interest.

13. Application for a Class A Liquor License — Bar the Hour LTD DBA High Rollers Company Worldwide — 120 N. Main Street

Councilman Brown moved and Councilman Barbier seconded that the Application for a Class A Liquor License — Bar the Hour LTD DBA High Rollers Company Worldwide — 120 N. Main Street, be denied.

City Manager Dzugan stated the Liquor Control Commission recommended the denial of a Class A liquor license due to the conclusion that the business is not a restaurant as defined by the City Code liquor provisions. He stated staff agreed with the Commission's conclusion, finding the business as proposed did not meet the definition ofa restaurant, and therefore would not be eligible for a Class A liquor license.

Applicant John Swain, 116 N. Main Street, reviewed the requirements met pertaining to design changes, kitchen capacity and data. He stated the data he provided is factually material and felt the data of the Liquor Control Commission was subjective and inconsistently applied. He asked the Council to apply the same standards to Bar the Hour as to other establishments in Wheaton including Subourbon, Tasting DeVine, and Sweetchilango.

Mark Taylor, member of the Liquor Control Commission, stated staff recommended the application be denied as a Class A liquor license because the establishment, as presented, did not meet the definition of a restaurant as defined in the Liquor Control Ordinance. Mr. Taylor recommended the City Council return the application to the Liquor Control Commission for another Pubiic Hearing to aiiow Mr. Swain the opportunity to provide the Commission with information shared this evening.

City Attorney Didier recommended not sending the appiication back to the Liquor Control Commission.

She stated the applicant has the opportunity to appeal the Council's decision with the lllinois Liquor Control Commission.

Councilman Barbier reported he was in favor of tabling the application.

Councilman Brown expressed concern regarding the identity of the use.

City Manager Dzugan stated the applicant may seek another license classification that fits their use or may suggest a liquor code amendment for a new classification to meet their use. He detailed staff reported a Class A license is not the correct license for the proposed use. He stated the applicant may also revise the business model.

Director Kozik confirmed there is not a current City of Wheaton Liquor License that fits the business model as proposed and suggested the applicant could pursue the creation of a new classification to fit the business model as presented.

City Attorney Didier clarified to Councilwoman Bray-Parker if the application was denied the applicant may appeal to the Illinois Liquor Control Commission.

Councilman Weller stated based upon the feedback received from staff and Liquor Control Commission that an entirely new application would be more appropriate.

Councilman Clousing agreed the business model did not fit the definition of a restaurant as presented.

Roll Call Vote:

Ayes: Councilman Brown

Mayor Suess

Councilman Clousing

Councilman Weller

Councilman Barbier

Councilwoman Bray—Parker

Nays: None

Absent: Councilwoman Robbins

Motion Carried Unanimously

Councilwoman Robbins returned to the meeting at 7:44 p.m.

14. Intergovernmental Notification and Comment Form for DuPage County Zoning Petition —ZONING24-000081 Langford Councilwoman Bray-Parker moved and Councilman Weller seconded a motion to direct staff to contact

DuPage County to object to intergovernmental Notification and Comment Form for DuPage County Zoning Petition — ZONING-24-OOOO81 Langford.

City Manager Dzugan stated the City received notice from DuPage County of property Iocated within unincorporated Wheaton, at the northwest corner of Roosevelt Road and Polo seeking a floor area ratio variation from the maximum of 35% permitted under the County Zoning Ordinance to 52%. He noted staff’s concern regarding the magnitude of the variation request given it is new construction, and the property is currently undeveloped.

Roll Call Vote:

Ayes: Councilwoman Bray-Parker

Councilman Brown

Mayor Suess

Councilman Clousing

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Nays: None

Absent: None

Motion Carried Unanimously

15. Council Comment

Mayor Suess expressed gratitude to the Downtown Wheaton Association for their hard work coordinating the Downtown Christmas Parade, Nights of Lights at Adams Park, and Christmas Tree lighting at the pavilion.

16. Approval of Warrant

Councilman Barbier moved and Councilwoman Bray—Parker seconded that Warrant No. 885 in the amount of $2,434,088.14, be approved.

Roll Call Vote:

Ayes: Councilman Barbier

Councilwoman Bray—Parker

Councilman Brown

Mayor Suess

Councilman Clousing

Councilwoman Robbins

Councilman Weller

Nays: None

Absent: None

Motion Carried Unanimously

17. Adjournment

Councilwoman Bray-Parker moved and Councilwoman Robbins seconded that the regular Wheaton City Council Meeting be adjourned at 7:47 p.m.

Roll Call Vote:

Ayes: Councilwoman Bray—Parker

Councilman Brown

Mayor Suess

Councilman Clousing

Councilwoman Robbins

Councilman Weller

Councilman Barbier

Nays: None

Absent: None

Motion Carried Unanimously

https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_12022024-2698