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City Council Meetings

Regular Meeting

Wheaton, IL · February 5, 2024

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Minutes

WHEATON CITY COUNCIL PROCEEDINGS MAYORPHILIPJ.SUESS COUNCILMAN MICHAEL BARBIER | COUNCILWOMAN ERICA BRAY-PARKER | COUNCILMAN SCOTT BROWN COUNCILMAN BRADLEY CLOUSING | COUNCILWOMAN LYNN ROBBINS | COUNCILMAN SCOTT WELLER WHEATON CITY HALL, COUNCIL CHAMBERS, 303 W WESLEY STREET, WHEATON, ILLINOIS 60187 Monday,February 5, 2024 1. CalltoOrderand 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: MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown Absent: None CityStaffPhysically Present: Michael Dzugan, City Manager John Duguay, Assistant City Manager Dawn Didier, City Attorney James Kozik, Director of Planning and Economic Development Robert Lehnhardt, Director of Finance Joseph Tebrugge, Director of Engineering Sean Walsh, Public Works Sewers Superintendent Dave DiClementi, EMS/Community Risk Reduction Manager Karl Dillenkoffer, Police Lieutenant Susan Bishel, Public Information Officer Andrea Rosedale, CityClerk City Staff Electronically Present: Brandon Kowalke, Senior Management Analyst Sam Webb, Public Works Fleet Superintendent 2. Citizens to be Heard None. 3. Consent Agenda Councilman Barbier moved and Councilwoman Robbins seconded that the following action be taken on the Consent Agenda items: 1. Approve the minutes of Wheaton City Council Regular Meeting - January 16, 2024, as submitted. <. WHEATON CITY COUNCIL PROCEEDINGS Monday, February 5, 2024 2. Adopt Resolution R-2024-06, A Resolution Accepting the As-Constructed Above Ground Public Improvements for Loretto Club Subdivision. 3. Approve an Application for a Class M Liquor License - Wildflower Mercantile, LLC - 134 W. Liberty Drive. 4. Approve an Application for a Class X Liquor License - Chic Geek LLC DBA The Babe Bodega - 132 W. Liberty Drive. Roll Catl Vote: Ayes: Councilman Barbier Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Nays: None Absent: None Motion Carried Unanimouslv 4. Pass Ordinance 0-2024-01, An Ordinance Amending the Code of Ordinances of the City of Wheaton Chapter 70 (Traffic and Vehicles) and Motor Vehicle Schedules VI, VII, VIII, IX, X, and XI Councilman Brown moved and Councilwoman Bray-Parker seconded that Ordinance 0-2024-01, An OrdinanceAmendingtheCode ofOrdinancesofthe CityofWheaton Chapter70 (Trafficand Vehicles) and Motor Vehicle Schedules VI, VII, VIII, IX, X, and XI, be passed. City Manager Dzugan stated updates to various parking provisions were made in addition to a review of the parking fees update. He noted significant time was spent on matching specific code provisions with actual signage displayed on City streets. Roll Call Vote: Ayes: Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Nays: None Absent: None Motion Carried Unanimously WHEATON CITY COUNCIL PROCEEDINGS Monday,February 5, 2024 5. Pass Ordinance 0-2024-02, An Ordinance Amending Section B-3, Miscellaneous Administrative Fees, Appendix B, Fee Schedule, of the Wheaton City Code Councilman Weller moved and Councilman Clousing seconded that Ordinance 0-2024-02, An Ordinance Amending Section B-3, Miscellaneous Administrative Fees, Appendix B, Fee Schedule, ofthe Wheaton City Code, be passed. City Manager Dzugan stated the ordinance amends Section B-3 to increase parking fees as a follow up to two Planning Sessions and a first reading at the January 16, 2024, City Council meeting. Councilwoman Bray-Parker requested staffto follow-up in six months with feedback related to usage of College Station, and Lots 7 and 8. Roll Call Vote: Ayes: Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown Mayor Suess Councilman Clousing Councilwoman Robbins Nays: None Absent: None Motion Carried Unanimouslv 6. Approve Appointments to City Commissions Mayor Suess moved and Councilman Brown seconded that Kathy Bushong and Shauna Thorson be appointed to the Community Relations Commission and Asma Hashmi be appointed to the Commission on Aging for three-year terms through February 5, 2027. Roll Call Vote: Ayes: MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown Nays: None Absent: None Motion Carried Unanimously 7. Adopt Resolution R-2024-07, A Resolution Authorizing the Execution of a Water Transmission and Delivery Agreement Among the City of Wheaton, lltinois-American Water Company and the DuPage Water Commission (Arrowhead Water Wheeling Agreement) WHEATON CITY COUNCIL PROCEEDINGS Monday,February 5, 2024 Councilman Barbier moved and Councilman Clousing seconded that R-2024-07, A Resolution Authorizing the Execution of a Water Transmission and Delivery Agreement Among the City of Wheaton, lllinois- American Water Company and the DuPage Water Commission (Arrowhead Water Wheeling Agreement), be adopted. City Manager Dzugan stated the agreement sets forth the conditions for the process of wheeling water to the Arrowhead subdivision by lllinois-American water in addition to the inclusion of the wheeling rate. In response to Councilman Clousing and Councilman Weller, City Manager Dzugan confirmed the terms and rates are the same as the other municipalities with similar wheeling agreements with lllinois- American Water Company. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Nays: None Absent: None Motion Carried Unanimouslv 8. Receive Report, Planning & Zoning Board Report Re: ZA #24-01/ Special Use Permit/115 N. County Farm Road/ DuPage County Health Department Councilwoman Robbins moved and Councilman Weller seconded that Planning & Zoning Board Report Re: ZA #24-01/ Special Use Permit/ 115 N. County Farm Road/ DuPage County Health Department, be received. City Manager Dzugan stated the report from the Planning and Zoning Board recommends the approval of an amendment to an existing special use permit requested by the DuPage County Health Department for the expansion of an existing building to serve as a crisis recovery center. Adam Forker, DuPage County Health Department Executive Director, stated the crisis recovery center will provide an expansion of services currently provided at the Kurzawa Community Center for those experiencing mental/behavioral heatth crisis as the demand outpaces availability of such services. He detailed new youth, adult, sobering, and withdrawal management client services would be added. He detailed current services include 988, DCHD Crisis Hotline, Mobile Crisis Response Team and Crisis Respite. Jason Dwyer, Wight and Company, stated the expansion would maintain the same access, displace some parking, yet increase by 23 parking spaces through infilling a surface stormwater detention combined with the addition of underground water detention. In response to Mayor Suess, Mr. Dwyer stated the existing building would be lightly renovated to accommodate the reconfiguration of the bridge link between the two buildings. WHEATON CITY COUNCIL PROCEEDINGS Monday, February 5, 2024 Roll Call Vote: Ayes: Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown Mayor Suess Councilman Clousing Nays: None Absent: None Motion Carried Unanimously Councilwoman Bray-Parker moved and Councilwoman Robbins seconded a motion to direct the City Attorney to prepare an ordinance to approve the Special Use Permit for 115 N. County Farm Road/ DuPage County Health Department. Roll Call Vote: Ayes: Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Nays: None Absent: None Motion Carried Unanimouslv 9. Receive Report, Planning & Zoning Board Report Re: ZA #24-04/ Text Amendment/ Article II & XXIV/ Mobile Donation Office Councilman Weller moved and Councilwoman Robbins seconded that Planning & Zoning Board Report Re: ZA #24-04/ Text Amendment/ Article II & XXIV/ Mobile Donation Office, be received. City Manager Dzugan stated the report from the Planning and Zoning Board recommends the approval of a text amendment to the Zoning Ordinance related to mobile donation offices which would allow a staffed mobile donation vehicle in certain zoning districts following a special use request review for a specific site. Roll Call Vote: Ayes: Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown WHEATON CITY COUNCIL PROCEEDINGS Monday,February 5, 2024 MayorSuess Councilman Clousing Councilwoman Robbins Nays: None Absent: None Motion Carried Unanimo_usjy Councilman Barbier moved and Councilman Clousing seconded a motion to direct the City Attorney to prepare an ordinance to approve the text amendment to Article II & XXIV to allow a Mobile Donation Office. Kate Duncan, Quarles & Brady LLP, and Ron Dee, Director of Real Estate for Green Drop overviewed the Green Drop business model. In response to Councilwoman Bray-Parker, Mr. Dee confirmed all items less than 50Ibs.are accepted, except for any items containing liquid. In response to Councilman Barbier, Mr. Dee stated 1-year leases are signed with landlords and auto renew annually. hle detailed Green Drop will vacate a location in 30 days ifthe landlord, or City reports issues. In response to questions from Mayor Suess, Mr. Dee stated the rental of a brick-and-mortar building doesn't support the business model of Green Drop. He stated the location in Northbrook, located in a brick-and-mortar building, exists due to a low-cost lease extended by the building owner. Mr. Dee stated Green Drop works primarily with the American Red Cross in efforts to build a nationwide relationship with each other, but noted other charities may be considered. Mr. Dee detailed daily need retail centers have shown to perform best for Green Drop donation locations. In response to Councilwoman Robbins, Mr. Dee stated convenience is a number one factor for donors. City Manager Dzugan sought direction from the Council due to concerns expressed by both the "properties Council and staff specific to the inclusion of language in paragraph 5, primarily occupied by an educational, religious, governmental or charitable use". Councilman Weller stated limiting the text amendment to commercial districts makes sense as many ofthe uses cited in paragraph 5 are primarily in residential communities, and detailed this use has a larger commercial component. Councilman Barbier expressed concern ofatext amendment allowing a for-profit company to operate a mobile business in a parking lot potentially providing a segway for other types of businesses outside of a donation drop off center. City Attorney Didier confirmed the inclusion of proposed language, "providing a donation", would be consistent with donation bins. WHEATON CITY COUNCIL PROCEEDINGS Monday, February 5, 2024 Councilman Barbier and Councilman Clousing agreed to amend their motion to direct to the City Attorney to prepare an ordinance to approve the text amendment subject to the revisions to paragraph 5 limitingthetextamendmenttocommercialsitesonlybytheremovalof'oronproperties primarily occupied by an educational, religious, governmental, or charitable use". Roll Call Vote: Ayes: Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Nays: Councilman Barbier Absent: None Motion Carried 10. Adopt Resolution R-2024-08, A Resolution Authorizing the Execution of Agreement No. 434 with B&F Construction Code Services, Inc. for Third-Party Building and Code Inspection Services for a Total Amount Not to Exceed $61,000 Councilwoman Bray-Parker moved and Councilman Brown seconded that R-2024-08, A Resolution Authorizingthe Execution ofAgreement No.434with B&F Construction Code Services, Inc. forThird-Party Building and Code Inspection Services for a Total Amount Not to Exceed $61,000, be adopted. City Manager Dzugan stated the next two resolutions relate to building code inspection services which combined will not exceed $88,000 dependent upon the volume of inspections needed. In response to Mayor Suess, Director of Building and Code, Tom Corrigan confirmed the City has had positive experience in dealing with both of the proposed firms. Roll Call Vote: Ayes: Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Nays: None Absent: None Motion Carried Unanimously 11. Adopt Resolution R-2024-09, A Resolution Authorizing the Execution of Agreement No. 435 with Lakeside Consultants for Third-Party Building and Code Inspection Services for a Total Amount Not to Exceed $27,000 WHEATON CITY COUNCIL PROCEEDINGS Monday,February 5, 2024 Councilman Brown moved and Councilman Weller seconded that R-2024-09, A Resolution Authorizing the Execution ofAgreement No. 435 with Lakeside Consultants forThird-Party Building and Code Inspection Services for a Total Amount Not to Exceed $27,000, be adopted. Roll Call Vote: Ayes: Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Nays: None Absent: None Motion Carried Unanimously 12. Adopt Resolution R-2024-10, A Resolution Authorizing the Purchase of Two (2) Lift Station Bypass Pumps from Anderson Process for a Total Amount Not to Exceed $175,384.61 Councilman Barbier moved and Councilman Clousing seconded that R-2024-10, A Resolution Authorizing the Purchase of Two (2) Lift Station Bypass Pumps from Anderson Process for a Total Amount Not to Exceed $175,384.61, be adopted. City Manager Dzugan stated the City requires more powerful pumps in order to bypass the lift station during heavy rain events in order to minimize the risk of sanitary sewer overflows and back up. In response to Mayor Suess, Superintendent Walsh confirmed the lead time is less than three weeks for delivery of the pumps. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Nays: None Absent: None Motion Carried Unanimously 13. Adopt Resolution R-2024-11, A Resolution Authorizing the Purchase of One (1) Replacement Sewer Vacuum Truck from Standard Equipment Company in Accordance with the Sourcewell Purchasing Cooperative for a Total Amount Not to Exceed $485,740 Councilman Brown moved and Councilwoman Robbins seconded that R-2024-11, A Resolution Authorizing the Purchase of One (1) Replacement Sewer Vacuum Truck from Standard Equipment WHEATON CITY COUNCIL PROCEEDINGS Monday, FebruaryS, 2024 Company in Accordance with the Sourcewell Purchasing Cooperative for a Total Amount Not to Exceed $485,740, be adopted. City Manager Dzugan detailed the purchase comes in $150,000 under budget with the trade in of the current 10-year-old unit. Roll Call Vote: Ayes: Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Nays: None Absent: None Motion Carried Unanimously 14. Pass Ordinance 0-2024-03, An Ordinance Amending Ordinance 0-2022-48 (1300 Aurora Way) Councilwoman Robbins moved and Councilman Weller seconded that Ordinance 0-2024-03, An Ordinance Amending Ordinance 0-2022-48 (1300 Aurora Way), be passed. City Manager Dzugan stated the request to amend an ordinance approved by the Council in 2022 reduces most all of the previously approved variations granted by the Council. Roll Call Vote: Ayes: Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Nays: None Absent: None Motion Carried Unanimously 15. Adopt Resolution R-2024-12, A Resolution Authorizing the Execution of Agreement No. 441 with Foster & Foster, Inc. for Actuarial Services for a Five (5) Year Term and a Total Amount Not to Exceed $87,000 Councilwoman Bray-Parker moved and Councilman Barbier seconded that R-2024-12, A Resolution Authorizing the Execution of Agreement No. 441 with Foster & Foster, Inc. for Actuarial Services for a Five (5) Year Term and a Total Amount Not to Exceed $87,000, be adopted. WHEATON CITY COUNCIL PROCEEDINGS Monday,February 5, 2024 City Manager Dzugan stated three proposals were received, however limited experience from the lowest bidder resulted in the selection ofthe 2" lowest bidder. Councilman Barbier expressed satisfaction in past presentations and communications from Foster & Foster, Inc. thus far, and detailed the importance of their service to the staff, Council, and residents. In response to Mayor Suess, Director Lehnhardt stated that specific calculations, projections or methodologies requested outside ofthe scope of normal valuation services would be on a fee basis. Roll Call Vote: Ayes: Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Nays: None Absent: None Motion Carried Unanimouslv 16. First Reading of An Ordinance Amending the Code of Ordinances of the City of Wheaton Chapter 2 (Administration), ArticleV (Boards, Commissions and Committees), Division 11 (Historic Commission) & Article X (System of Administrative Adjudications); Chapter 6 (Alcoholic Beverages), Article II (Retail Licenses); Chapter 22 (Buildings and Building Regulations); Chapter 26 (Businesses), Article VII (Massage Businesses) & Appendix B (Fee Schedule) City Manager Dzugan stated the City Attorney reviewed various sections of the City Code resulting in the recommendations of several miscellaneous amendments outlined in the memo. 17. Council Comment Councilwoman Bray-Parker reminded the community that February is Black History month and highlighted resources from the Community Relations Commission are posted in the City newsletter, on the webpage and social media. She announced library programming begins Wednesday evening with the Harlem Renaissance. She reminded the community Saturday is the City's Electronics Recycting which includes textiles. Councilman Weller reflected upon the Whittier Dream Foundation fundraiser event Trivia Night he attended which raised thousands of dollars for Whittier Elementary School students and families in need of assistance. He announced his team took 1st place in the Trivia contest. In response to Mayor Suess, Public Information Officer Bishel confirmed the Electronics Recycling Event is open from 9am to noon. Mayor Suess recognized Jewel on Main Street for their re-grand opening in Wheaton. 18. Approval ofWarrant 10 WHEATON CITY COUNCIL PROCEEDINGS Monday, February 5, 2024 Councilman Barbier moved and Councilwoman Bray-Parker seconded that Warrant No. 865 in the amount of $1,800,075.19, be approved. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Nays: None Absent: None Motion Carried Unanimously 19. Closed Session Councilwoman Bray-Parker moved and Councilwoman Robbins seconded a motion to go into Closed Session for the purpose to discuss Land Acquisition 5 ILCS 120/2(c)(5) and the Review of Closed Session Minutes 5 ILCS 120/2(c)(21) at 8:00 p.m. Roll Call Vote: Ayes: Councilwoman Bray-Parker Councilman Brown MayorSuess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Nays: None Absent: None Motion Carried Unanimously The City Council returned to the open portion oftheir meeting at 8:19 p.m. 20. Adjournment Councilman Clousing moved and Councilwoman Bray-Parker seconded that the regular Wheaton City Council Meeting be adjourned at 8:19 p.m. Voice Vote: Ayes: Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier 11 WHEATON CITY COUNCIL PROCEEDINGS Monday,February 5, 2024 Councilwoman Bray-Parker Councilman Brown MayorSuess r Nays: None Absent: None Motion Carried Unanimouslv Respectfully submitted, fA Andrea Rosedale City Clerk Submitted for Approval: February 20, 2024 c L/ 12