Public Notices & Hearings

Monday, January 14, 2019, 7:00pm I. Call to Order II. Public Hearing – Vacation Request/Wheaton Park District/Schaffner Road Right-of-Way A. Presentation B. Public Comment C. Council Comment III. Adjournment  MEMORANDUM TO: The Honorable Mayor and City Council FROM: John M. Duguay, Assistant City Manager DATE: January 14, 2019 SUBJECT: Public Hearing Vacation for Schaffner Road Right-of-Way (Wheaton Park District) Background The Wheaton Park District has submitted a petition to vacate a certain right-of-way (ROW) known as the Schaffner Road ROW that lies generally north of Warrenville Road and west Wiesbrook Road. A copy of the petition for this property is attached as Exhibit A. A copy of the Plat of Vacation is included as Exhibit B. Many years ago, there were discussions related to the possibility of connecting Shaffner Road to either County Farm Road (through Belleau Woods) or Shaffner/Mack Roads to the north. The same hurdles remain (perhaps more) regarding a connection from Roosevelt Road to Warrenville Road or Wiesbrook Road. The Forest Preserve did not and would not support cutting through Belleau Woods. On the north end at the Shaffner/Mack bend, a stream borders Park District and Sanitary District property. Both entities consider this connection problematic. The Park District is renegotiating a lease for the cell tower located in that general vicinity, and they would like the ability to expand the enclosure footprint and provide additional ground space at some point in the future. Proposed additional enclosure area is expected to lie in close proximity to the ROW line. Shaffner Road north of Park View Court and adjoining parking is considered “private” and maintained currently by the Park District. Existing Conditions and Proposed Use – Schaffner Road ROW The Schaffner Road ROW lies at the far west of Atten Park, north of Parkview Court and west of Wheaton Sanitary District property. It also lies east of the Cantigny Youth Links. The ROW being petitioned currently has City water main lying within the right-of-way (Exhibit C). Other franchise utilities also have equipment located within the ROW (including AT&T and ComEd). Otherwise, this area remains generally unused and appropriately maintained. Staff reviewed the area surrounding the right-of-way for possible improvements to pedestrian facilities or sidewalks. A path currently circles and runs throughout Atten Park (Exhibit D). When the south side of Park View Court and east side of Shaffner Road south towards Warrenville Road was developed, the City required the placement of sidewalks. These sidewalks provide safe passage for pedestrians along Park View Court and Shaffner Road, particularly when there is a large sporting event at the Atten Park fields and the areas is congested with drop-off/pick-up traffic. However, while there does exist a curb cut on the north side of Park View Court at Shaffner Road, there is no sidewalk. This results in attendees walking in the road at a congested and potentially dangerous intersection. Staff recommends that the Park District place a sidewalk connecting the Park View northside curb cut to their asphalt path (Exhibit E); a total of approximately 30-ft. 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, ComEd does not desire to relinquish its rights related to these easements, while the other utilities require some partial easements over the property in question. Therefore, an easement over the entirety of the ROW is required. Recommendation 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 Wheaton Park District. Staff recommends the City Council favorably consider vacating the Shaffner Road ROW subject to the following conditions: 1. Wheaton Park District reimburse the City for all expenses associated with the newspaper advertisement, court reporter and DuPage County recording fees prior to the recording of the Plat of Vacation. 2. The City Council require the placement of a sidewalk connecting the curb cut on the north side of Park View Court with the Park District asphalt path allowing safer pedestrian movement at that busy corner. This work shall be completed in 2019. EXHIBIT A  PLAT OF VACATION EXHIBIT B 4:15:54 PM 12/3/2018 RIGHT OF WAY HEREB Y VACATED ie sb ro ro SCHAFFNER ad ok E:\ACTIVE-PROJECTS\44156-303910-DuPage\SURV-DS\44156 Vacation Plar.dgn w ROAD Rev Date Description By PLAT OF VACATION LOCATION: SCHAFFNER ROAD RIGHT OF WAY IN SECTION 30-39-10 NIEL SYTSM PREPARED FOR: WHEATON PARK DISTRICT D A A ATTN. DONALD CUDDIHEE 035-003059 1000 MANCHESTER ROAD PROFESSIONAL WHEATON, IL 60187 LAND JOB #: DATE: SCALE: SURVEYOR 44156 11/12/18 1"=80' STATE OF L A N D S U R V E Y IN G - C IV IL E N G IN E E R IN G - L A N D S C A P E A R C H IT E C T U R E ILLINOIS SURV: DRAWN: DESIGN: W IL DS DS HE ATON, 207 South Naperville Road Wheaton, Illinois 60187 FILE #: SHEET #: ph: (630)668-7603 web: www.wmaltd.com D-22709-VACATION Design Firm License No. 184-003101 1 of 1  EXHIBIT C Vacation Request Atten Park (Park District) Sanitary Sewer – Green Water - Blue Overhead View of Atten Park Exhibit D Pedestrian Facilities Exhibit E