City Council Meetings

Monday, October 19, 2020 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 John Duguay, Assistant City Manager James Knippen, City Attorney James Kozik, Director of Planning & Economic Development Joseph Tebrugge, Director of Engineering Holly Schulz, Director of Human Resources William Murphy, Police Chief Robert Lehnhardt, Finance Director Susan Bishel, Public Information Officer Sharon Barrett-Hagen, City Clerk City Staff Electronically Present: Dan Peck, Public Relations Coordinator 2. Report of the City Manager City Manager Dzugan reported he has received word that the auditor for the DuPage County CARES Act will recommend the full reimbursement amount of $1.7MM to the City of Wheaton. 3. Presentations Mayor Suess read a proclamation proclaiming October 2020 as Arts DuPage Month in Wheaton. Ms. Deborah Venezia, Director of Arts DuPage thanked the Council for the proclamation and spoke of the importance of art and the positive impact it has on educational, emotional and social aspects of our lives. Mayor Suess called attention to the Art Walk which took place last weekend, as well as the “Windows Into Art” project currently taking place in businesses in downtown Wheaton. WHEATON CITY COUNCIL PROCEEDINGS October 19, 2020 4. Citizens to be Heard None. 5. Consent Agenda Councilwoman Robbins moved and Councilman Barbier seconded that the following action be taken on the Consent Agenda items: 1. Approve the minutes of the October 5, 2020 regular Wheaton City Council meeting as submitted. 2. Adopt Resolution R-2020-92, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (928 N. West Street). 3. Adopt Resolution R-2020-93, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (1151 Midwest Lane). 4. Adopt Resolution R-2020-94, A Resolution Authorizing the Execution of a Certain Construction, Use, and Indemnification Agreement (2324 Appleby Drive). Roll Call Vote on Consent Agenda: Ayes: Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Nays: None Absent: None Motion Carried Unanimously 6. Approve Application for Class S Liquor License to Yeti Partners LLC d/b/a DuPage Mini Mart at 238 N. Gables Boulevard and Authorize Issuance of Class S Liquor License Councilman Rutledge moved and Councilman Zaruba seconded that the Application for Class S Liquor License to Yeti Partners LLC d/b/a DuPage Mini Mart at 238 N. Gables Boulevard be approved and Issuance of a Class S Liquor License be authorized. City Manager Dzugan stated the Liquor Control Commission approved the issuance of a Class S liquor license to Yeti Partners LLC d/b/a DuPage Mini Mart at 238 N. Gables Boulevard at their meeting on October 8, 2020. Roll Call Vote: Ayes: Councilman Rutledge Councilman Zaruba 2 WHEATON CITY COUNCIL PROCEEDINGS October 19, 2020 Councilman Barbier Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins Nays: None Absent: None Motion Carried Unanimously 7. Adopt Resolution R-2020-95, A Resolution Authorizing the Execution of an Agreement Between the City of Wheaton and Wheaton Patrol Chapter #699 Metropolitan Alliance of Police Councilwoman Fitch moved and Councilwoman Bray-Parker seconded that Resolution R-2020- 95, A Resolution Authorizing the Execution of an Agreement Between the City of Wheaton and Wheaton Patrol Chapter #699 Metropolitan Alliance of Police, be adopted. City Manager Dzugan advised the resolution would approve a three-year agreement with MAP #699, which represents the City’s patrol officers and thanked staff for their work. 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 8. Adopt Resolution R-2020-96, A Resolution Authorizing the Execution of an Agreement Between the City of Wheaton and Wheaton Patrol Chapter #450 Metropolitan Alliance of Police Councilman Barbier moved and Councilwoman Robbins seconded that Resolution R-2020-96, A Resolution Authorizing the Execution of an Agreement Between the City of Wheaton and Wheaton Sergeants and Lieutenants Chapter #450 Metropolitan Alliance of Police, be adopted. City Manager Dzugan advised this resolution would approve a three-year agreement with MAP #450, which represents the City’s police sergeants and lieutenants. 3 WHEATON CITY COUNCIL PROCEEDINGS October 19, 2020 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 Councilman Barbier recused himself at 7:10 p.m. from discussion and consideration on the next two items, Regular Agenda New Business #4 and Regular Agenda New Business #5 due to a possible conflict of interest. 9. Pass Ordinance No. O-2020-34, An Ordinance Amending City of Wheaton Ordinance E- 1687, “An Ordinance Amending the Wheaton Zoning Map and Granting a Special Use Permit – Addition to DuPage County Health Department Facilities, 111 North Cunty Farm Road” (“Original Ordinance”); and Ordinance Nos. E-3791 and F-1799, Which Amended the Original Ordinance – DuPage County Health Department – Vehicle Garage Councilman Rutledge moved and Councilman Zaruba seconded that Ordinance No. O-2020-34, An Ordinance Amending City of Wheaton Ordinance E-1687, “An Ordinance Amending the Wheaton Zoning Map and Granting a Special Use Permit – Addition to DuPage County Health Department Facilities, 111 North Cunty Farm Road” (“Original Ordinance”); and Ordinance Nos. E-3791 and F-1799, Which Amended the Original Ordinance – DuPage County Health Department – Vehicle Garage, be passed. City Manager Dzugan stated the proposed ordinance amends the special use permit for DuPage County’s complex and allows for construction of a vehicle storage garage to be used by the County’s Health Department. He indicated this amendment is considered a major amendment in conformity with the approved PUD, which is allowed to be considered by the City Council without a public hearing as permitted by the City’s Zoning Ordinance. Roll Call Vote: Ayes: Councilman Rutledge Councilman Zaruba Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Councilwoman Robbins 4 WHEATON CITY COUNCIL PROCEEDINGS October 19, 2020 Nays: None Absent: Councilman Barbier Motion Carried Unanimously 10. Adopt Resolution R-2020-97, A Resolution Authorizing the Mayor to Sign and Directing the City Clerk to Attest to that Certain Intergovernmental Agreement Between the City of Wheaton, the County of DuPage, the DuPage County Health Department and the Board of Health of DuPage County Councilwoman Robbins moved and Councilwoman Fitch seconded that Resolution R-2020-97, A Resolution Authorizing the Mayor to Sign and Directing the City Clerk to Attest to that Certain Intergovernmental Agreement Between the City of Wheaton, the County of DuPage, the DuPage County Health Department and the Board of Health of DuPage County, be adopted. City Manager Dzugan advised this resolution would approve an intergovernmental agreement with DuPage County for the Health Department’s vehicle storage garage approved in the prior item. He stated the County wishes to fund the construction of the garage through the CARES Act and, under the agreement, the City and County would mutually agree to a review plan to proceed as quickly as possible to meet the requirements of the CARES Act. Roll Call Vote: Ayes: Councilwoman Robbins Councilman Rutledge Councilman Zaruba Councilwoman Bray-Parker Councilwoman Fitch Mayor Suess Nays: None Absent: Councilman Barbier Motion Carried Unanimously Councilman Barbier returned to the meeting at 7:15 p.m. 11. Adopt Resolution R-2020-98, A Resolution Authorizing the Binding of Property and Liability Insurance Coverages for November 1, 2020 Through October 31, 2021 Councilman Rutledge moved and Councilman Barbier seconded that Resolution R-2020-98, A Resolution Authorizing the Binding of Property and Liability Insurance Coverages for November 1, 2020 Through October 31, 2021, be adopted. City Manager Dzugan stated the Council has a memorandum from the Finance Director detailing the property and liability insurance renewals for the next year. He advised there is an approximate $152,000 or 36% increase compared to last year. 5 WHEATON CITY COUNCIL PROCEEDINGS October 19, 2020 In response to questions from Councilwoman Fitch, Finance Director Lehnhardt stated he was aware of the potential for an increase in costs at the end of 2019 and indicated other communities have also experienced similar increases. He anticipates this going on for the next couple of years. In response to Councilman Barbier, the City’s consultant, Mr. Mike Nugent of Nugent Consulting, stated the increase in cyber liability coverage is due to increased costs for forensic accountants and an increase in attacks on government entities. He stated he has recommended increases in coverage to all of his clients and feels this is a prudent step to take. In response to Councilman Barbier, Finance Director Lehnhardt stated the City does not store credit card information for residents, as that is handled by a third party, although information for residents who utilize auto pay is in the system. 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 12. Council Comment Councilman Rutledge expressed his appreciation to the City’s police and fire departments for their recent work in thwarting a burglary in progress and a structure fire in the City. Mayor Suess stated 51 employees were recently honored for their service to the City, several of which have served for 20 – 35 years. He thanked them for their dedicated service to the City of Wheaton. Mayor Suess thanked WTTW for highlighting the City of Wheaton last Thursday as part of their “Chicago Tonight” series. Mayor Suess also raised awareness for measures members of the community should continue to take with regard to COVID-19. He stated there have been approximately 881 cases with 25 deaths in Wheaton. Mayor Suess urged residents to continue to wear face coverings, maintain social distancing and be sensitive to being part of large gatherings since COVID is rebounding and not diminishing. 6 WHEATON CITY COUNCIL PROCEEDINGS October 19, 2020 13. Approval of Warrant Councilman Rutledge moved and Councilwoman Fitch seconded that Warrant No. 786 in the amount of $2,548,859.46, 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 14. Adjournment Councilwoman Fitch moved and Councilwoman Bray-Parker seconded that the regular Wheaton City Council Meeting be adjourned at 7:30 p.m. 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 Respectfully submitted, Sharon Barrett-Hagen City Clerk Submitted for Approval: November 2, 2020 7