City of Wheaton City Council met Dec. 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: Mayor Suess
Councilman Barbier
Councilwoman Bray-Parker
Councilwoman Fitch
Councilwoman Robbins
Councilman Rutledge
Councilman Zaruba
Absent: None
City Staff Physically Present: Michael Dzugan, City Manager
James Knippen, City Attorney
Robert Lehnhardt, Finance Director
Susan Bishel, Public Information Officer
Sharon Barrett-Hagen, City Clerk
City Staff Electronically Present: John Duguay, Assistant City Manager
James Kozik, Director of Planning & Economic Development
Joseph Tebrugge, Director of Engineering
William Schultz, Fire Chief
2. Citizens to be Heard
None.
3. 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 the November 23, 2020 public hearing and the December 7, 2020 regular Wheaton City Council meeting as submitted.
2. Adopt Resolution R-2020-110, A Resolution Authorizing the Release of Closed Session Minutes.
3. Adopt Resolution R-2020-111, A Resolution Authorizing the Destruction of Audio or Video Recording of Closed Session Meetings
Roll Call Vote on Consent Agenda:
Ayes: Councilman Barbier
Councilwoman Bray-Parker
Councilwoman Fitch
Mayor Suess
Councilwoman Robbins
Councilman Rutledge
Councilman Zaruba
Nays: None
Absent: None
Motion Carried Unanimously
4. Pass Ordinance No. O-2020-42, An Ordinance Adopting the City of Wheaton Calendar Year 2021 Budget
Councilwoman Robbins moved and Councilman Rutledge seconded that Ordinance No. O-2020-42, An Ordinance Adopting the City of Wheaton Calendar Year 2021 Budget, be passed.
City Manager Dzugan stated the ordinance would approve the City’s Calendar Year 2021 Budget. Mayor Suess stated the budget reflects the staff’s hard work in putting forth a budget that maintains the same level of services and investment in capital improvement projects with no increase in taxes.
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
5. Pass Ordinance No. O-2020-43, An Ordinance Levying Taxes for the General and Special Corporate Purposes for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021 for the City of Wheaton, Illinois
Councilman Barbier moved and Councilwoman Fitch seconded that Ordinance O-2020-43, An Ordinance Levying Taxes for the General and Special Corporate Purposes for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021 for the City of Wheaton, Illinois, be passed.
City Manager Dzugan advised the 2020 general purpose property tax levy contains no increase in the levy from the previous year with a total levy of $20,459,855. He stated the levy would be extended to $20,667,025, similar to the 2019 extended levy, with no increase in property taxes.
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
6. Pass Ordinance No. O-2020-44, An Ordinance Amending the 2020 Tax Levy Contained in Ordinance No. O-2020-43
Councilman Zaruba moved and Councilman Rutledge seconded that Ordinance No. O-2020-44, An Ordinance Amending the 2020 Tax Levy Contained in Ordinance No. O-2020-43, be passed.
City Manager Dzugan stated the ordinance amends the previous ordinance by abating the levy by approximately $543,000 related to debt service.
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
7. Pass Ordinance No. O-2020-45, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021 in and for the City of Wheaton Special Service Area Number Two
Councilman Rutledge moved and Councilwoman Robbins seconded that Ordinance No. O-2020-45 An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021 in and for the City of Wheaton Special Service Area Number Two, be passed.
City Manager Dzugan stated the levy of $39,400 is for parking service expenses in the central business area. He stated that per prior discussions, the City Council is looking to fully abate this amount in March 2021, dissolve Special Service Area Number Two and move the parking expenses to Special Service Area Number Eight.
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
8. Pass Ordinance No. O-2019-46, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Two for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021
Councilwoman Bray-Parker moved and Councilwoman Robbins seconded that Ordinance No. O-2020-46, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Two for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021, be passed.
City Manager Dzugan indicated this ordinance would appropriate the taxes for Special Service Area Number.
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
9. Pass Ordinance O-2020-47, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021 in and for the City of Wheaton Special Service Area Number Three
Councilman Barbier moved and Councilwoman Robbins seconded that Ordinance O-2020-47, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021 in and for the City of Wheaton Special Service Area Number Three, be passed.
City Manager Dzugan stated the $12,000 levy relates to maintenance of open spaces within the Streams Subdivision.
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
10. Pass Ordinance No. O-2020-48, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Three for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021
Councilwoman Robbins moved and Councilman Barbier seconded that Ordinance No. O-2020-48, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Three for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021, be passed.
City Manager Dzugan indicated this ordinance would appropriate $12,121 in taxes for Special Service Area Number Three.
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
11. Pass Ordinance No. O-2020-49, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021 in and for the City of Wheaton Special Service Area Number Eight
Councilwoman Fitch moved and Councilman Rutledge seconded that Ordinance No. O-2020-49, An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021 in and for the City of Wheaton Special Service Area Number Eight, be passed.
City Manager Dzugan stated the levy amount of $159,140 for Special Service Area Eight will generate a total of $275,372, which includes $116,000 from the TIF 2 increment, and will fund the services provided by the Downtown Wheaton Association as requested in their 2021 budget.
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. Pass Ordinance No. O-2020-50, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Eight for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021
Councilwoman Bray-Parker moved and Councilwoman Robbins seconded that Ordinance No. O-2020-50, An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Eight for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021, be passed.
City Manager Dzugan indicated this ordinance would appropriate the non-increment portion of $159,140 for Special Service Area Number Eight. He indicated the TIF 2 increment is automatically applied to this special service area.
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
13. Adopt Resolution R-2020-112, A Resolution Authorizing the Execution of Agreement No. 166 with Foster & Foster, Inc. for Actuarial Services for a Three (3) Year Term and a Total Amount No to Exceed $50,700
Councilman Barbier moved and Councilman Zaruba seconded that Resolution R-2020-112, A Resolution Authorizing the Execution of Agreement No. 166 with Foster & Foster, Inc. for Actuarial Services for a Three (3) Year Term and a Total Amount No to Exceed $50,700, be adopted.
City Manager Dzugan advised the Finance Director has recommended the City enter into a three-year agreement with Foster & Foster to provide actuarial services for our Police and Fire pensions. He noted this cost may no longer be necessary as a result of the proposed pension consolidation in 2023.
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
14. Receive Planning & Zoning Board Report Re: ZA #20-10/Text Amendment Subdivision and Variation/Hummingbird Place – 1764 Wiesbrook Road/Mathieson House, LLC Councilman Rutledge moved and Councilman Zaruba seconded that the Planning & Zoning Board Report Re: ZA #20-10/Text Amendment Subdivision and Variation/Hummingbird Place – 1764 Wiesbrook Road/Mathieson House, LLC, be received.
City Manager Dzugan stated the City received an application to amend Article 3.4B of the Wheaton Zoning Ordinance to add a new subsection 8 which would recognize existing utility substations as a lot, even if that lot does not meet the bulk regulations within its zoning district. He advised the Planning & Zoning Board unanimously recommended approval of the text amendment at their meeting on December 8, 2020.
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
Pass Ordinance No. O-2020-51, An Ordinance Amending the Text of the Wheaton Zoning Ordinance, Article 3.4B Zoning District and General Regulations – Previously Improved and Currently Operating Private or Public Utility Substations
Councilman Rutledge moved and Councilman Zaruba seconded that Ordinance No. O-2020-51, An Ordinance Amending the Text of the Wheaton Zoning Ordinance, Article 3.4B Zoning District and General Regulations – Previously Improved and Currently Operating Private or Public Utility Substations be passed.
Councilwoman Fitch expressed her support for the text amendment. She stated she understands ComEd wants to install a fence and the text amendment is needed before they can do that work.
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. Pass Ordinance No. O-2020-52, An Ordinance Approving a Preliminary Plat of Subdivision and Rear Yard Variations for Certain Property Commonly Known as 1764 Wiesbrook Road – Hummingbird Place
Councilman Rutledge moved and Councilman Zaruba seconded that Ordinance No. O-2020-52, An Ordinance Approving a Preliminary Plat of Subdivision and Rear Yard Variations for Certain Property Commonly Known as 1764 Wiesbrook Road – Hummingbird Place, be passed.
City Manager Dzugan stated the Planning & Zoning Board recommended approval of a preliminary plat of subdivision, creating two lots with rear yard variations of 10 feet rather than 25 feet for the property located at 1764 Wiesbrook Road. He stated the layout of the lots and homes are oddly affected by the City’s definitions of rear and side yards.
In response to Councilman Barbier, City Attorney Knippen confirmed that any issues regarding the shared driveway would be a private matter between the two property owners.
In response to Mayor Suess, Ms. Caitlin Paloian, 127 Aurora Avenue, Naperville, attorney representing the developer, stated development of the property is anticipated to happen fairly quickly upon approval from the City. She advised Lot 1 would be developed first.
In response to Mayor Suess, Mr. John Witte, 116 W. Main Street, St. Charles, engineer for the developer, stated the property owners would assume maintenance obligations for the wetlands pursuant to DuPage County regulations.
In response to Councilwoman Bray-Parker, Director of Engineering Tebrugge stated the increase in the wetlands would be within the wetland itself and not an expansion of the wetland area.
Councilwoman Fitch stated she supports the requested variations if this is the only configuration for the homes that will work on these lots. Ms. Paloian advised they explored several options and found no other way to develop the property without impacting the homes or the wetlands. She confirmed the developer has been working with DuPage County to meet their requirements for this development.
Mayor Suess stated plans for development of this property have been around for approximately 20 years and feels this is a favorable plan to move forward with.
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. Adopt Resolution R-2020-113, A Resolution Authorizing the Execution of Agreement No. 163 with Insituform Technologies, USA, LLC for the 2020 Sanitary and Storm Main Rehabilitation for a Total Amount Not to Exceed $139,018
Councilman Rutledge moved and Councilman Zaruba seconded that Resolution R-2020-112, A Resolution Authorizing the Execution of Agreement No. 163 with Insituform Technologies, USA, LLC for the 2020 Sanitary and Storm Main Rehabilitation for a Total Amount Not to Exceed $139,018, be adopted.
City Manager Dzugan reported the City received five bids for the 2020 sanitary and storm sewer main rehabilitation program which has been budgeted for and will be completed in 2021. He stated this project was put on hold due to COVID-19.
Director of Engineering Tebrugge stated some of the work is tied into the City’s road program, other work is for lines that need lining. In response to Councilman Rutledge, Director Tebrugge stated he does not believe this rehabilitation work is related to the Wheaton Sanitary District’s interceptor project, but the lines will ultimately flow into that interceptor.
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
17. Adopt Resolution R-2020-114, A Resolution Authorizing the Execution of Three Agreements for Third Party Building and Code Inspection Services for a One Year Term and for a Total Amount Not to Exceed $25,333 per Agreement with a Cumulative Total Not to Exceed $76,000 Councilman Barbier moved and Councilwoman Bray-Parker seconded that Resolution R-2020-114, A Resolution Authorizing the Execution of Three Agreements for Third Party Building and Code Inspection Services for a One Year Term and for a Total Amount Not to Exceed $25,333 per Agreement with a Cumulative Total Not to Exceed $76,000, be adopted.
City Manager Dzugan advised the City sent out a RFP for building code services to augment the City’s full and part-time building staff resources. He noted the City received five proposals and selected three firms to be used as a pool of resources with an annual cost of around $76,000.
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
18. Adopt Resolution R-2020-115, A Resolution Authorizing the Execution of Agreement No. 164 with Stryker Sales Corporation for Preventative Onsite Maintenance and Repairs for Lifepak 15 Cardiac Monitors for a Four (4) Year Agreement and Total Amount Not to Exceed $24,480 Councilwoman Robbins moved and Councilwoman Fitch seconded that Resolution R-2020-115, A Resolution Authorizing the Execution of Agreement No. 164 with Stryker Sales Corporation for Preventative Onsite Maintenance and Repairs for Lifepak 15 Cardiac Monitors for a Four (4) Year Agreement and Total Amount Not to Exceed $24,480, be adopted.
City Manager Dzugan stated this item requires five votes for approval as this would be a sole source contract for maintenance and repair of the City’s cardiac monitors with Stryker Sales Corporation, the manufacturer of the City’s monitors.
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
19. Adopt A Resolution Authorizing the Execution of a Market License Agreement with WFM26, LLC, Commencing on April 1, 2022
Councilman Rutledge moved and Councilman Zaruba seconded that Resolution R-2020-116, A Resolution Authorizing the Execution of a Market License Agreement with WFM26, LLC, Commencing on April 1, 2022, be adopted.
City Manager Dzugan reported staff has been working on the lease for quite some time. He stated the lease is for five years with an option for an additional five-year term for use of Parking Lot 3, at the northeast corner of Liberty and Main, for a French Market on certain Saturdays to be operated by Bensidoun USA. City Manager Dzugan advised the lease calls for a $20,000 annual fee. He expressed his thanks to Bensidoun and special thanks to City Attorney Sarah Kallas for her work on the numerous drafts which were prepared. He stated this lease, along with Phase 4 streetscape work, completes the City’s vision for the open-air market in this location.
Councilwoman Fitch feels this license agreement should be discussed further at a Planning Session as the terms have changed from Bensidoun initially paying for the canopy to now paying an annual fee. She expressed concerns that the City’s taxpayers would now be required to pay for the canopy structure. Councilwoman Fitch also questioned why the City is considering this now as it would not go into effect until 2022. City Manager Dzugan replied the canopy is part of the streetscape project and this agreement is needed before that work can be done. He also stated TIF funds would be used to pay for the canopy structure.
Mayor Suess stated this lease has been under discussion for quite some time under various iterations. He feels what is proposed here is an attractive proposal which would give full control of the land to the City with funding provided by TIF 2 and TIF 3, if needed, and not from the City’s General Fund.
Councilman Barbier questioned if the canopy could be used for other City events and not just for the French Market. Director of Planning & Economic Development Kozik stated Bensidoun wants assurances they will be able to use the canopy structure for the French Market and stated the Saturday hours of use are the same hours that have been in place for over the past 20 plus years.
Councilwoman Bray-Parker feels the canopy would open up the site for use by other groups. Mayor Suess feels utilization may increase over time. He questioned if there is some flexibility on the hours for Saturday night and feels allowing cleanup to extend to 9 p.m. would place an inappropriate burden on the City.
Director Kozik stated he would speak to Bensidoun about Saturday hours and return with their answer by the first meeting in January. Director Kozik indicated Bensidoun wanted the extended cleanup period and flexibility in case they experienced problems with their cleanup crews. In response to Mayor Suess, Director Kozik stated the French Market ends around 2 or 3 p.m.
In response to Councilman Barbier, Director Kozik advised the canopy covers only a portion of the lot and vendors would need to remove any structures they set up.
Councilwoman Fitch stated she would like to be able to use the site on Saturday night for other events and would like to renegotiate the license for a better agreement for Wheaton residents. City Attorney Knippen advised the Council could amend the text of the agreement with regard to hours of use on Saturdays or continue the matter to a date certain to provide staff an opportunity to discuss a change in hours with Bensidoun. He stated if the makers of the motion had no objection to amending the motion and continuing the matter, no additional motion would be required.
Mayor Suess asked if the matter could be continued to the next meeting to clarify Saturday hours of operation. He stated he would like to lot to be available for other community events no later than 5 p.m.
Councilman Rutledge stated he feels he has been kept informed on issues regarding the canopy and the design of the area. He stated he likes the idea of a 5-year lease rather than a 30-year lease and his preference would be to vote on the issue tonight. However, Councilman Rutledge stated he had no objection to amending the motion to continue this matter to January 4, 2021 to allow staff to return with clarification on the operating hours on Saturdays only. Councilman Zaruba stated the Council has discussed the canopy and Phase 4 Streetscape at past Planning Sessions and he also had no objection to continuing the matter solely for clarification on hours of operation on Saturdays.
Roll Call Vote on Amended Motion:
Ayes: Councilman Rutledge
Councilman Zaruba
Councilman Barbier
Councilwoman Bray-Parker
Councilwoman Fitch
Mayor Suess
Councilwoman Robbins
Nays: None
Absent: None
Motion Carried Unanimously
20. Adopt Resolution R-2020-116, A Resolution Authorizing the Execution of a Second Amendment to the Market License Agreement with Bensidoun USA, Dated February 6, 2017 Councilwoman Fitch moved and Councilman Barbier seconded that Resolution R-2020-116, A Resolution Authorizing the Execution of a Second Amendment to the Market License Agreement with Bensidoun USA, Dated February 6, 2017, be adopted.
City Manager Dzugan stated this amendment would allow the 2021 French Market season to be relocated to Reber Street during Phase 4 streetscape work, which includes construction at Lots 3 and 4 along Liberty Drive.
In response to Councilman Rutledge, Director Kozik stated if additional room is needed for the French Market, staff would return to the Council with a further amendment to extend the market to Liberty Drive.
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
21. Council Comment
Councilwoman Bray-Parker expressed her appreciation for the detailed information staff provided on the levy and budget.
Councilwoman Fitch wished everyone a Merry Christmas and Happy Holidays and expressed her appreciation for her constitutional right to exercise her religion by attending church services.
Mayor Suess advised this was the last meeting of the year and thanked staff for their work on behalf of the community and Wheaton residents over the year. He thanked Wheaton residents for their participation on the City’s various boards and commissions. Mayor Suess also thanked his colleagues on the City Council for their work over the past year. He feels the Council and Wheaton residents have handled the challenges faced during the year quite well and wished everyone a Merry Christmas and happy holiday season.
22. Approval of Warrant
Councilman Rutledge moved and Councilwoman Fitch seconded that Warrant No. 790 in the amount of $1,024,553.76, 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
23. Adjournment
Councilwoman Fitch moved and Councilman Bray-Parker seconded that the regular Wheaton City Council Meeting be adjourned at 8:14 p.m.
https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_12212020-1545
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