City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MAYOR PHILIP J SUESS COUNCILMAN MICHAEL BARBIER I COUNCILWOMAN ERICA BRAY-PARKER I COUNCILMAN SCOTT BROWN COUNCILWOMAN SUZANN E FITCH I COUNCI LWOMAN LYNN ROBBI NS I COUNCILMAN SCOTT WELLER WH EATON CITY HALL, COUNCI L CHAM BERS, 303 W WESLEY STR EET, WH EATON, ILLI NOI S 60187 December 5, 2022 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 Robert Lehnhardt, Director of Finance Pat Keegan, Director of Information Technology Susan Bishe l, Public Information Officer Halie Cardinal, Public Relations Coordinator Andrea Rosedale, City Clerk City Staff Electronically Present: Nathan Plunkett, Streets Superintendent Sean Walsh, Sewers Superintendent 2. Presentation Mayor Suess read and presented a proclamation proclaiming December 8 and 10, 2022 as "Christmas Sharing Weekend". Ms. Julie Nelligan, President of Christmas Sharing Wheaton Warrenville, thanked the Mayor and City Council. Ms. Nelligan referred the community to their website at Christmassharing.org for those wishing to volunteer at one of the three drive up events or make a monetary donation . 3. Citizens to be Heard None . 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 the Wheaton City Council Meeting - November 21, 2022, as submitted. WHEATON CITY COUNCIL PROCEEDINGS December 5, 2022 2. First Reading of An Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton. 3. Adopt Resolution R-2022-94, A Resolution Authorizing the Purchase of Internet Service from AT&T Corporation for a Three (3) Year Term for a Total Amount Not to Exceed $35,000. 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. Adopt Resolution R-2022-95, A Resolution Authorizing the Execution of Agreement No. 343 with A Lamp Concrete Contractors, Inc. for the Wheaton Place Alley Resurfacing Project for a Total Amount Not to Exceed $114,000 Councilwoman Robbins moved and Councilman Brown seconded that R-2022-95, A Resolution Authorizing the Execution of Agreement No. 343 with A Lamp Concrete Contractors, Inc. for the Wheaton Place Alley Resurfacing Project for a Total Amount Not to Exceed $114,000, be adopted . City Manager Dzugan stated two bids for the resurfacing of Wheaton Place Alley adjacent to the parking garage were received. He reported two-thirds of the alley is within TIF 2 and therefore $80,000 will be covered with TIF 2 revenue and the remaining from the Capital Projects Fund. 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 6. Approve Reappointments to City Board and Commission Mayor Suess moved and Councilwoman Fitch seconded that Tracy Jones and Finny Rajchel be reappointed to the Downtown Design and Review Board for three-year terms . 2 WHEATON CITY COUNCIL PROCEEDINGS December 5, 2022 Roll Call Vote: Ayes : Mayor Suess Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown Councilwoman Fitch Nays: None Absent : None Motion Carried Unanimously 7. Pass Ordinance 0-2022-54, An Ordinance Authorizing the Seasonal Closing of a Portion of Hale Street for a Seasonal Tent Food and Beverage Services Program, Seasonal Suspension of the Enforcement of City Ordinances Prohibiting Outdoor Sales and Patron Possession of Alcoholic Liquor on Hale Street During a Seasonal Tent Program and Authorizing Execution of Hold Harmless and Indemnification Agreements Councilman Brown moved and Councilwoman Bray-Parker seconded that 0-2022-54, An Ordinance Authorizing the Seasonal Closing of a Portion of Hale Street for a Seasonal Tent Food and Beverage Services Program , Seasonal Suspension of the Enforcement of City Ordinances Prohibiting Outdoor Sales and Patron Possession of Alcoholic Liquor on Hale Street During a Seasonal Tent Program and Authorizing Execution of Hold Harmless and Indemnification Agreements, be passed. City Manager Dzugan stated the next three agenda items relate to the Seasonal Tent Program which will continue to perm it outdoor dining on the Hale Street right-of-way on a more permanent basis. He highlighted this approach accomplishes an opportunity to continue the outdoor dining experience along Hale Street at an annual cost able to be funded by the users of the program . Councilwoman Bray-Parker expressed concern regarding downtown businesses outside of the adjacent Hale Street businesses and inquired if there are plans to address concerns pertaining to foot traffic in other Downtown areas . Allison Orr, Executive Director of the Downtown Wheaton Association stated the cost savings benefit will open possibilities for other initiatives to help address the concerns of downtown businesses outside of the adjacent Hale Street businesses . Councilwoman Fitch highlighted the Seasonal Tent Program is a cost-effective approach to fu lly cover the program to continue the tents . Mayor Suess reflected upon the success of the tents on Hale over the past three years and called attention to the reality that no other program in the Downtown area has been as successful to bring people to Downtown Wheaton by increasing foot traffic to all businesses in the downtown area . Mayor Suess expressed approval of the long- term commitment to the tent program in addition to the cost savings . Roll Call Vote: Ayes : Councilman Brown 3 W HEATON CITY CO UN CIL PR OCEEDING S Dece mber 5, 2022 Mayor Sue ss Councilwoman Fitch Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Nays : None Absent : None Motion Carried Unanimously 8. Adopt Resolution R-2022-96, A Resolution Approving a Service Agreement Between the City of Wheaton and the Downtown Wheaton Association for the Hale Street Seasonal Tent Program Councilwoman Robbins moved and Councilman Weller seconded that R-2022-96, A Resolution Approving a Service Agreement Between the City of Wheaton and the Downtown Wheaton Association for the Hale Street Seasonal Tent Program , be adopted. City Manager Dzugan reported the agreement with the DWA increases the efficiency of managing the Seasonal Tent Program . He confirmed Special Service Area 8 revenue cannot be used towards the Seasonal Tent Program. He stated the agreement has a five-year term with an option for a second five-year term. Councilman Barbier noted the resolution applies only to restaurants adjacent to Hale Street and inquired if it is possible to allow participation of non-restaurant businesses. In response to Councilman Barbier, Attorney Knippen stated an amendment would be required to the preceding ordinance . City Manager Dzugan reported if there is DWA interest in expanding the program to non-restaurant businesses an amendment may be cons idered at a future date. 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 9. Adopt Resolution R-2022-97, A Resolution Authorizing the Purchase of Two (2) Tents, Concrete Ballasts, Lighting, Delivery, Installation, Takedown, Cleaning and Storage for the Seasonal Tent Program from Big Tent Events for a Total Amount Not to Exceed $139,895.80 4 W HEATON CITY CO UN CIL PROCEED INGS Dece mber 5, 2022 Councilwoman Bray-Parker moved and Councilman Barbier seconded that R-2022-97, A Resolution Authorizing the Purchase ofTwo (2) Tents, Concrete Ballasts, Lighting, Delivery, Installation, Takedown, Cleaning and Storage For the Sea sonal Tent Program from Big Tent Events for a Total Amount Not to Exceed $139,895 .80, be adopted . Roll Call Vote: Ayes : Councilwoman Bray-Parker Councilman Brown Mayor Suess Councilwoman Fitch Councilwoman Robbin s Councilman Weller Councilman Barbier Nays : None Absent : None Motion Carried Unanimously 10. Adopt Resolution R-2022-98, A Resolution Authorizing the Execution of Agreement No. 342 with Vulcan Construction Materials, LLC. for Aggregate Materials to Be Purchased on an As Needed Basis at the Price Per Ton Set Forth in Vulcan Construction Materials, LLC. Cost Proposal Councilwoman Robbins moved and Councilman Barbier seconded that R-2022-98, A Resolution Authorizing the Execution of Agreement No. 342 with Vulcan Construction Materials, LLC. for Aggregate Materials to Be Purchased on an As Needed Basis at the Price Per Ton Set Forth in Vulcan Construction Materials, LLC. Cost Proposal , be adopted. City Manager Dzugan reported the lowest of four bids was slightly under the proposed 2023 budget for aggregate material used by the Publ ic Works Department . Roll Call Vote: Ayes : Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parke r Councilman Brown Mayor Suess Coun cilwoman Fitch Nays : None Absent: None Motion Carried Unanimo usly 11. Pass Ord inance 0 -2022-55, An Ordina nce Vacating a Portion of the Shaffner Road Right-of-Way Councilwo man Fitc h moved an d Counci lm an Brown seconded th at 0-2022-55 , An Ordinance Vacatin g a Port io n of the Sha ffner Road Right-of-Way, be passe d. Ci ty Ma nager Dzugan stat ed a Public Hearing t ook pla ce t he week prior on a pet it ion from the Wheat on Sanit ary District for the vacation of the unimproved right-of-way with certain conditions which requires five votes for approval of the ordinance . 5 W HEATON CITY COUNCIL PRO CEEDIN GS Dece mber 5, 202 2 Roll Call Vote: Ayes : Councilwoman Fitch Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown Mayor Suess Nays : None Absent: None Motion Carried Unanimously 12. First Reading of An Ordinance Levying Taxes for General and Special Corporate Purposes for the Fiscal Year Beginning January 1, 2023 and Ending December 31, 2023 for the City of Wheaton, Illinois City Manager Dzugan stated the next si x items relate to the City's property tax levies. He reported the general- purpose levy has remained flat for the past four years . City Manager Dzugan stated all six ordinances appear as a first reading for consideration at the December 19, 2022 City Council meeting. 13. First Reading of An Ordinance Amending the 2022 Tax Levy Contained in Ordinance No. O-2022-XX City Manager Dzugan stated the proposed ordinance abates approximately $150,000 from the previous ordinance . 14. First Reading of An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January (_ 1, 2023 and Ending December 31, 2023 In and for the City of Wheaton Special Service Area Number Three City Manager Dzugan stated the levy of $12,071 is for Special Service Area Three for the maintenance of the Streams Subdivision . 15. First Reading of An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Three for the Fiscal Year Beginning January 1, 2023 and Ending December 31, 2023 City Manager Dzugan stated the proposed ordinance appropriates the $12,071 in the previous ordinance . 16. First Reading of An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning January 1, 2023 and Ending December 31, 2023 In and For the City of Wheaton Special Service Area Number Eight City Manager Dzugan stated the levy amount of approximately $275,000, a Truth in Taxation Public Hearing was held on November 28, 2022. 17. First Reading of An Ordinance Making Appropriations for the City of Wheaton Special Service Area Number Eight for the Fiscal Year Beginning January 1, 2023 and Ending December 31, 2023 City Manager Dzugan stated the proposed ordinance appropriates the $275,000 in the previou s ordinance . 18. Motion to direct City staff to object to the requests on Intergovernmental Notification and Comment Form - DuPage County Zoning Petition Zoning - 22-000049 - Wheaton VFW - 0N731 Papworth Councilwoman Fitch moved and Councilman Brown seconded a motion to respond to the Intergovernmental Notification and Comment Form as suggested by staff. 6 WHEATON CITY COUNCIL PROCEEDINGS December 5, 2022 City Manager Dzugan stated the city received notice of a zoning application received by DuPage County from the Wheaton VFW for their property on Papworth in unincorporated Wheaton. He detailed the application seeks a special use to allow the parking lot and gravel drive to be used for offsite parking for Wheaton North High School. He confirmed there had been previous complaints from the community regarding the parking lot's use . Councilman Barbier expressed support for the application and the need for additional parking near Wheaton North High School and highlighted the applicant is a VFW . Mayor Suess detailed objection to the petition is necessary as the uses have been in violation of County ordinances and no efforts have been made to resolve them. He stated the proposed uses would not be in conformance with City of Wheaton if the property were in City boundaries . Mayor Suess noted the parking lot is in view by City of Wheaton properties surrounds three sides of the property and noted concerns with the Recreational Vehicle parking. Councilwoman Fitch modified the motion to respond to the County in objection to both conditional use requests . Councilman Brown agreed with the modified motion. The council agreed to include comments that although the City objects to the current requests, future consideration could be given if the requests were tied to specific plans to improve the property by paving, landscaping, and/or fencing. Roll Call Vote: Ayes : Councilwoman Fitch Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown Mayor Suess Nays : None Absent: None Motion Carried Unan imously 19. Council Comment Mayor Suess thanked the Downtown Wheaton Association for the hard work put forth in the coordination of the Christmas Parade, the Christmas Tree Lighting and Adams Park Nights of Lights. He highlighted the positive community response to the events. 20. Approval of Warrant Councilwoman Fitch moved and Councilman Barbier seconded that Warrant No . 837 in the amount of $4,127,137.22 be approved . Roll Call Vote: Ayes : Councilwoman Fitch Councilwoman Robbins Councilman Weller 7 WHEATON CITY COUNCIL PROCEEDINGS December 5, 2022 Councilman Barbier Councilwoman Bray-Parker Councilman Brown Mayor Suess Nays: None Absent : None Motion Carried Unanimously 21. Adjournment Councilman Barbier moved and Councilwoman Bray-Parker seconded that the regular Wheaton City Council Meeting be adjourned at 7:37 p.m. Roll Call Vote : Ayes: Councilman Barbier Councilwoman Bray-Parker Councilman Brown Mayor Suess Councilwoman Fitch Councilwoman Robbins Councilman Weller Nays: Absent: None None (_ Motion Carried Unanimously Respectfully submitted, Andrea Rosedale City Clerk Submitted for Approval : December 19, 2022 8