City of Wheaton City Council met Oct. 21.
Here is the minutes provided by the council:
1. Call to Order and Roll Call
The regular Wheaton City Council Meeting was called to order at 7:00 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
Chad Michaelis, Director of Information Technology
Robert Lehnhardt, Finance Director
Holly Schulz, Director of Human Resources
Sharon Barrett-Hagen, City Clerk
2. Presentations
Representative Amy Grant presented a summary of the latest State of Illinois legislative activity. She stated she is working on a bill to reverse the 6% fee on municipal-owned parking lots.
3. Citizens to Be Heard
Mr. Ted Utchen, 1686 Grosvenor Circle, expressed his concern with wasted resources due to the Wheaton Library’s lights being on overnight. He also stated he would like to see the mulch repositioned from the trees at the library so it is not immediately against the tree trunk.
Mr. Zai Xiang Chen, 1340 Campbell Avenue, expressed his opposition to the proposed Lowden Avenue vacation. He feels if Bethel Church acquires more land, it will lead to more construction, more traffic and change the nature of the neighborhood.
Ms. Vickie Coffey, 1332 S. Campbell Avenue, stated she is concerned about Bethel Church’s request to vacate the property and that they may want to add a driveway to Campbell Avenue. She stated she does not want the church traffic rerouted to Campbell.
4. Consent Agenda
Councilman Rutledge moved and Councilwoman Robbins seconded that the following action be taken on the Consent Agenda items:
1. Approve the October 7, 2019 minutes of the regular Wheaton City Council and the October 14, 2019 Public Hearing minutes, as submitted.
2. Adopt Resolution R-2019-95, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1407 South Gables Boulevard).
3. Authorize Issuance of Class S Liquor License to 7-Eleven Inc., 326 W. Liberty Drive.
Roll Call Vote on Consent Agenda:
Ayes: Councilman Rutledge
Councilman Zaruba
Councilman Barbier
Councilwoman Bray-Parker
Councilwoman Fitch
Mayor Suess
Councilwoman Robbins
Nays: None
Absent: None
Motion Carried Unanimously
5. Presbyterian Church
Councilwoman Fitch moved and Councilman Rutledge seconded that An Ordinance Vacating a Portion of the Lowden Avenue Right-of-Way/Bethel Orthodox Presbyterian Church, be passed.
City Manager Dzugan stated a public hearing was held on April 8, 2019. He indicated that since an easement will be placed on the entire right-of-way area, there is no cost for the vacation. He advised the proposed ordinance will include three conditions: no cost to Bethel Church, the establishment of a permanent easement over the entire vacated area and reimbursement by Bethel Church for any costs incurred by the City.
Mr. Daniel Moore, 303 Grand Lake Blvd, West Chicago, spoke as a representative for Bethel Presbyterian Church. In response to concerns raised at the April public hearing regarding the church installing a driveway onto Campbell Avenue, he stated that has never been an interest of theirs. He indicated at present the area is weedy and the church would like ownership in order to more properly clean up and maintain the property. He stated the vacated land would also give the church additional property for addressing any water runoff issues. With regard to possible expansion of the church, he stated if the congregation does grow, they would consider establishing an additional church site in another area.
In response to Councilwoman Bray-Parker, Mr. Moore stated Bethel Church does maintain the land to a degree. In further response to Councilwoman Bray-Parker, Director Kozik stated any expansion or additions to the property, including a driveway, would require a special use permit and approval from the City Council.
Ms. Kim Hoff, 1453 Gainsboro Ct., questioned if the main reason for the vacation request is to maintain the property, why the church cannot do that now. She does not feel the land should be gifted to the church just for maintenance and would like restrictions to be made as to what the church could do with the property.
At the request of Mayor Suess, Director Kozik stated an easement on the property would restrict construction of a building, but pavement could be installed with approval by the City Council of a special use permit.
Mr. David Hoff, 1453 Gainsboro Ct., expressed his concerns about tree removal on the property and if they would need a permit to cut the trees. City Manager Dzugan stated if the church owns the property, they could remove the trees; however, a restriction on tree removal could be included as a condition of the vacation.
Mr. Frank Coffey, 1332 Campbell, stated all the neighbors are concerned about any changes that could occur to the Campbell Avenue dead end if the church decides to provide access to their parking lot. City Manager Dzugan emphasized that regardless if the land is vacated or not, the City Council would need to approve any connection to Campbell Avenue.
Mr. Connor Grant, 1326 Campbell Avenue, stated as it is, the land does not have any value, but once it is combined with other land owned by the church, it would have value. He is concerned because a vacation will be permanent for the land.
Councilman Barbier stated his issue is value to the taxpayers. If the vacation is granted, the City would receive no payment for the land, and he does not feel it should be given away. He supports Bethel Church maintaining the property, but does not support vacating the land.
Councilman Rutledge feels the easement as it exists has no value to the City. He stated the City Council would still control any access to Campbell Avenue whether the property is vacated or not. Councilman Rutledge sees no reason not to grant a vacation of a small piece of property with no value to the City.
Councilman Zaruba believes the church’s comments that the land would remain as it is now, but maintained to a higher degree. He would like to see a condition that the church would be required to retain the existing conditions and not remove any trees. Councilman Zaruba advised the City Code currently does not allow the City to receive any compensation for this land due to the easement, and suggested the Code be reviewed in that regard.
In response to Mayor Suess, Assistant City Manager Duguay confirmed the church owns property to the north and south of this right-of-way area.
Roll Call Vote:
Ayes: Mayor Suess
Councilman Rutledge
Nays: Councilwoman Fitch
Councilwoman Robbins
Councilman Zaruba
Councilman Barbier
Councilwoman Bray-Parker
Absent: None
Motion Failed
6. Pass Ordinance No. O-2019-50, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton (Metered Parking – College Avenue and South CBD) Councilman Barbier moved and Councilman Zaruba seconded that Ordinance No. O-2019-51, An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton (Metered Parking – College Avenue and South CBD), be passed.
City Manager Dzugan advised the proposed ordinance would temporarily eliminate parking meters located mainly on Willow Avenue between Wheaton Avenue and Main Street, to allow free customer parking for the duration of the streetscape work, as well as the elimination of meters on College Avenue. City Manager Dzugan stated the proposed changes would result in a loss of $18,000 annually and expressed his concern about the revenue loss to the parking fund. City Manager Dzugan advised a comprehensive review of parking will be conducted in 2020.
Councilwoman Fitch is supportive of the meter removals but is also concerned about the loss of revenue.
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
7. Pass Ordinance No. O-2019-51, An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – 25W371 Armbrust Avenue
Councilwoman Bray-Parker moved and Councilwoman Robbins seconded that Ordinance No. O-2019-52, An Ordinance Annexing a Certain Property to the City of Wheaton, Illinois – 25W371 Armbrust Avenue, be passed.
City Manager Dzugan indicated a public hearing on this proposed annexation was held on October 14.
Roll Call Vote:
Ayes: Councilwoman Bray-Parker
Councilwoman Fitch
Mayor Suess
Councilwoman Robbins
Councilman Rutledge
Councilman Zaruba
Councilman Barbier
Nays: None
Absent: None
Motion Carried Unanimously
8. Pass Ordinance No. O-2019-52, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as 25W371 Armbrust Avenue
Councilman Barbier moved and Councilwoman Bray-Parker seconded that Ordinance No. O-2019-53, An Ordinance Amending the Wheaton Zoning Map on Certain Property Commonly Known as 25W371 Armbrust Avenue, be passed.
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
9. Continuation of Motion to Approve A Resolution Authorizing an Agreement for an Extended Scope of Work /Camiros
Councilwoman Fitch moved and Councilman Zaruba seconded to continue a motion to approve a resolution authorizing an agreement for an extended scope of work/Camiros.
City Manager Dzugan stated the City Council continued consideration of this matter to tonight’s meeting. He stated staff needs additional time to complete a memorandum on the changes to be included on the Roosevelt Road corridor study and asked that the matter be continued to the City Council meeting on November 4, 2019.
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
10. Adopt Resolution R-2019-96, A Resolution Authorizing the Purchase of Six Replacement Laptop Computers from CDS Office Technologies through the Joint Purchasing Program with the State of Illinois Cooperative for a Total Amount of $24,716
Councilman Rutledge moved and Councilman Zaruba seconded that Resolution R-2019-96, A Resolution Authorizing the Purchase of Six Replacement Laptop Computers from CDS Office Technologies through the Joint Purchasing Program with the State of Illinois Cooperative for a Total Amount of $24,716, be adopted.
City Manager Dzugan reported the resolution would authorize the purchase of six replacement mobile laptops for City police vehicles through a joint purchase program for $24,716. He stated this is the first part of the effort to replace all of the City’s mobile units.
Director Michaelis advised staff tested several models of laptops and found the Panasonic laptops to be the best product for the heavy use they will receive. He stated he anticipates returning to the Council to purchase the remaining laptops within the next 14 – 15 months.
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
11. Adopt Resolution R-2019-97, A Resolution Authorizing the Binding of Property and Liability Insurance Coverages for November 1, 2019 Through October 31, 2020
Councilwoman Fitch moved and Councilwoman Bray-Parker seconded that Resolution R-2019-97, A Resolution Authorizing the Binding of Property and Liability Insurance Coverages for November 1, 2019 Through October 31, 2020, be adopted.
City Manager Dzugan stated the resolution would renew the City’s property and liability insurance through next year. He noted there is about a $23,000 increase in the City’s costs, generally due to losses throughout the United States in the last few years.
Mayor Suess commented that even though there is an increase in the rates, the City’s coverage and deductibles remained the same.
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
12. Receive Planning & Zoning Board Report Re ZA #19-16/Subdivision and Variations/Summit Street Subdivision/Henniger Homes
Councilman Barbier moved and Councilwoman Robbins seconded that the Planning & Zoning Board Report Re ZA #19-16/Subdivision and Variations/Summit Street Subdivision/Henniger Homes, be received.
City Manager Dzugan stated at their meeting on September 24, 2019, the Planning & Zoning Board unanimously recommended approval of a preliminary plat to subdivide property on the east side of Summit Street between Harwarden Street and Avery Avenue into five single-family lots, including a variation to allow for 125-foot lot depths as opposed to the required 132 feet.
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
Mr. Craig Henniger, applicant, reviewed the proposed subdivision. He stated he plans to request vacation of an unimproved alley at the rear of the property for drainage purposes. In addition, he is proposing an additional outlet on the northern part of the property to drain water from the area more quickly and will keep the detention area on the southern portion of the property.
Councilman Barbier moved and Councilman Zaruba seconded to direct the City Attorney to prepare an ordinance approving the subdivision which will include staff’s recommendations for a T style intersection at Harwarden Street and connecting the new sidewalk to the existing sidewalk systems at the northwest corner of Avery Avenue and Summit Street and the southwest corner of Harwarden and Summit Streets.
Councilman Barbier supports staff’s recommendations with regard to sidewalks, and feels a yield sign at the intersection with Harwarden Street would be appropriate.
Director Redman stated the decision to install a stop sign or a yield sign is dependent on the amount of traffic and a traffic study would need to be completed. He agrees with the recommendation for a T style intersection.
Mr. Henniger indicated the neighborhood residents would rather keep the Y style intersection for aesthetics.
Councilman Rutledge would support either style of intersection.
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. First Reading of An Ordinance Amending Portions of the City of Wheaton Employee Rules and Regulations
City Manager Dzugan stated the proposed ordinance includes changes to the City’s employee manual to reflect current state and federal laws. He stated the ordinance appears as a first reading with formal action to be taken at the November 4 meeting.
Director Schulz reviewed the proposed changes regarding harassment, gender and sexual violence, and drug free workplaces. Additional changes refer to reporting by employees with regard to changes in personal information, as well as injury and accident reporting.
14. Council Comment
Councilwoman Fitch encouraged everyone to participate in one of the many events for Make a Difference Day this Saturday.
15. Approval of Warrant
Councilman Rutledge moved and Councilwoman Fitch seconded that Warrant No. 762 in the amount of $3,642,923.78, 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
16. Closed Session: Pending Litigation 5 ILCS 120/2(c)(11)
Councilman Barbier moved and Councilwoman Robbins seconded that the Wheaton City Council adjourn to closed session at 8:11 p.m. for the purpose of discussing Pending Litigation 5 ILCS 120/2(c)(11). Mayor Suess announced that action would be taken by the Council after the Council returnes to open session.
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
The City Council returned to the open portion of their meeting at 8:28 p.m.
Councilwoman Robbins moved and Councilman Zaruba seconded to grant the City Attorney authorization to file a petition for attorneys’ fees in the Morningside Wheaton litigation matter.
17. Adjournment
Councilwoman Bray-Parker moved and Councilman Barbier seconded that the regular Wheaton City Council Meeting be adjourned at 8:29 p.m.
The motion to adjourn the regular City Council Meeting of October 21, 2019 was unanimously approved by voice vote.
https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_10212019-1275
Alerts Sign-up