Public Notices & Hearings
Regular MeetingWheaton, IL · January 13, 2020
Minutes
Monday, January 13, 2020
I. Call to Order and Roll Call
The public hearing of the Wheaton City Council was called to order at 7:00 p.m. by Mayor Suess.
The public hearing was held in the Council Chambers, Wheaton City Hall, 303 W. Wesley Street,
Wheaton, Illinois. Upon roll call, the following were:
Present: Mayor Suess
Councilman Michael Barbier
Councilwoman Erica Bray-Parker
Councilwoman Suzanne Fitch
Councilwoman Lynn Robbins
Councilman Christopher Zaruba
Absent: Councilman John Rutledge
City Staff Present: Michael Dzugan, City Manager
John Duguay, Assistant City Manager
James Kozik, Director of Planning & Economic Development
Paul Redman, Director of Engineering
Susan Bishel, Public Relations Coordinator
Andrea Rosedale, Administrative Assistant
II. Public Hearing – Vacation Request/Public Alley right-of-Way/Summit Street Subdivision
a. Presentation
Craig Henninger, 842 N. Summit St., spoke on behalf of Henninger Homes regarding their vacation
request for the alley on the east end of Summit Street. He stated in conjunction with the builder’s
proposal to construct five new homes, the City included a condition of approval to submit a
petition for the alley east of the subject property. The request is to mitigate drainage for the
nearby lots. It is currently used as an easement for utilities and the area will continue to maintain
that easement.
b. Public Comment
Shawn Rooney, 222 N. Prospect St., inquired whether the builder would be paying for the land if it
is vacated, and he expressed concern that the trees in the alleyway could be removed. Mr. Rooney
suggested that the land could possibly be divided among the adjacent property owners. He
expressed concern that if the alley were built upon, the structure would be close to his home.
Mr. Henninger stated this vacation request was a collaborative effort with City staff. He stated if
the alley were vacated, the builder wouldn’t need to a variance for lot depth. He stated they do
not intend to build in the alley, and the builder doesn’t intend to remove trees unless it is required
for drainage.
WHEATON CITY COUNCIL PUBLIC HEARING MINUTES
January 13, 202
c. Council Comment
In response to Councilwoman Fitch’s question about stormwater improvements, Director of
Engineering Redman stated while it is preliminary at this point, the proposed improvements
generally would require regrading of some areas to compensate for any filled area and installing a
storm drain on the north end of the subject area.
Assistant City Manager Duguay answered Mayor Suess’s question about compensation for the
land by stating that under City Code, if a permanent easement is required over the entire right-of-
way, there is no compensation required.
Director of Planning & Economic Development Kozik confirmed Councilman Zaruba’s question
regarding where a fence could be constructed. A new homeowner would be able to put up a fence
that would extend the additional 12 feet of the vacated alley. City Manager Dzugan stated if the
alley were not vacated, this would not be allowed, and there would be a 12 foot difference
between fences on the adjoining properties.
Councilman Barbier stated due to the permanent easement, granting this request seems to be the
most straightforward solution.
In response to Councilman Zaruba’s question, Director of Engineering Redman stated the alley is
currently not being used for anything and consists of grass and trees.
III. Adjournment
Councilman Zaruba moved and Councilwoman Robbins seconded a motion to close the public
hearing at 7:12 p.m.
Roll Call Vote:
Ayes: Councilman Zaruba
Councilman Barbier
Councilwoman Bray-Parker
Councilwoman Fitch
Mayor Suess
Councilwoman Robbins
Nays: None
Absent: Councilman Rutledge
Motion Carried Unanimously
Respectfully submitted,
Susan Bishel
2
Agenda
Monday, January 13, 2020, 7:00 pm
I. Call to Order
II. Public Hearing – Vacation Request/Public Alley right-of-Way/Summit Street Subdivision
A. Presentation
B. Public Comment
C. Council Comment
III. Adjournment
MEMORANDUM
TO: The Honorable Mayor and Council
FROM: Austin Lewey, Special Projects Assistant
DATE: January 13, 2020
SUBJECT: Vacation for Public Alley Right-of-Way (Summit Street Subdivision)
Background
Calc Holdings LLC (Henninger Group) submitted a petition to vacate a certain right-of-way (“ROW”)
known as the public alley that lies west of N. Prospect Street, south of Avery Avenue, east of N. Summit
Street, and north of the Harwarden Street ROW. (Exhibit A). A copy of the Plat of Vacation is included as
Exhibit B.
Existing Conditions and Proposed Use – Summit St.
The public alley is 12-feet wide. It lies south of 1406 & 1412 Avery Avenue, west of the properties at
202, 206 & 214 Prospect Avenue and east of 1403 Harwarden Street. The alley lies north of the
unimproved Harwarden Street ROW, as well. The Henninger Group proposes creation of the ‘Summit
Street Subdivision”, which includes constructing five new homes (231 Summit Street, 217 Summit
Street, 213 Summit Street, 209 Summit Street, and 1403 Harwarden Street). They also propose
extending Summit Street south and connecting it to Harwarden Street. AT&T, a franchise utility, has
equipment located within the alley.
At the November 4, 2019 Regular Meeting, the City Council approved the Summit Street Subdivision. As
a condition of that approval, the ordinance requested in part:
“1. Prior to the submission of the final plat of subdivision, the applicant shall submit a
street/alley vacation petition for the unimproved alley located to the east of the subject
property for the consideration by the City Council to mitigate the existing drainage problem
in the area.”
“4. The new sidewalk shall be tied into the existing sidewalk system by installing small
sections of sidewalk on the northwest corner of Avery and Summit and the southwest
corner of Harwarden and Summit.”
Compensation
Section 58-138, Wheaton City Code, details how fair and just compensation is determined for vacation
of streets and alleys or public ways. Specifically, section 58-138 (a)(4), states that:
…no fair and just compensation shall be required for public ways that necessitate a
permanent easement over the entire public way land area.
While the City only requires an easement over some part of the right-of-way, the utility companies
desire to maintain easements over the entire area. Specifically, AT&T and Nicor Gas does not wish to
relinquish their rights related to the easements, while ComEd and Comcast have no oppositions to
vacating the property in question. An easement over the entirety of the alley is required.
Recommendation
The Henninger Group submitted plans to mitigate the existing drainage problem in the area. They intend
to use the alley for depressional storage, enhanced grading and also to provide inlets that connect to
storm sewer.
Section 58-138(a)(4) of the City Code provides that since an easement is required over the entire ROW
area, no compensation is required of the Henninger Group. Staff recommends the City Council consider
vacating the Public Alley ROW subject to the following:
1. The Henninger Group shall reimburse the City for all expenses connected with the newspaper
advertisement, court reporter and DuPage County recording fees prior to the recording of the
Plat of Vacation.
2. In addition to constructing sidewalks specified in Ordinance No. O-2019-53, the Henninger
Group shall also construct sidewalks at the northeast corner of Avery and Summit.
Exhibit A
Exhibit B
EXHIBIT C