City Council Meetings

WHEATON CITY COUNCIL PROCEEDINGS MAYOR PHIUP j. SUESS COUNCILMAN MICHAEL. BARBIER [ COUNCILWOMAN ERICA BRAY-PARKER i COUNCILMAN SCOTT BROWN COUNCILMAN BRADLEY CLOUSING I COUNCILWOMAN LYNN ROBBINS I COUNCILMAN SCOTT WELLER WHEATON CITY HALL, COUNCIL CHAMBERS, 303 W WESLEY STREET, WHEATON, ILLINOIS 60I&7 Monday, July 1, 2024 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 Clousing Councilwoman Robbins Councilman Barbier Councilwoman Bray—Parker Councilman Brown Absent: Councilman Weller City Staff Physically Present: Michael Dzugan, City Manager John Duguay, Assistant City Manager Dawn Didier, City Attorney Jim Kozik, Director of Planning & Economic Development Vincent Laoang, Director of Public Works Joseph Tebrugge, Director of Engineering Susan Bishel, Public information Officer Andrea Rosedale, City Clerk City Staff Electronically Present: Nathan Plunkett, Street Superintendent 2. Presentations Mayor Suess read and presented a proclamation and street sign to recognize the Wheaton North High School Bass Fishing Team fortheir 2024 IHSA State Championship title. Coach Joe Drover introduced team members Ty Nielsen and Zach Wideiski who placed l“ in the championship boat, and freshman Jacob Johnson, one of two freshmen in the 27th place boat. 3. Citizens to be Heard Nancy Fiannery, 816 W. Elm St., reported being named the receiver by the 18‘“ Circuit Court to begin taking inventory of Wheaton Historic Preservation Council (WHPC) items and artifacts currently stored in the City Hail Annex basement. She invited the citizens of Wheaton to send information to Wheaton Historic Preservation Council, PO Box 373, Wheaton, IL 60187 or wheatonhistorvcenter@gmaii.com regarding items that may have been loaned or donated to the WHPC. 4. Consent Agenda Councilman Barbier moved and Councilwoman Bray-Parker seconded that the following action be taken on the Consent Agenda item: WHEATON CITY COUNCIL PROCEEDINGS Monday, July 1, 2024 1. Approve the minutes of Wheaton City Council Regular Meeting —June 17, 2024, as submitted. 2. Adopt Resolution R-2024-56, A Resolution Authorizing the Disposai of Certain Surpius Property (PW). 3. Adopt Resoiution R-2024-57, A Resoiution Authorizing the Execution of Change Order #1 to Agreement No. 435 with Lakeside Consultants for Third—Party Buiiding and Code inspection Services for a Total Amount Not to Exceed $40,000. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Bray~Parker Councilman Brown Mayor Suess Councilman Clousing Councilwoman Robbins Nays: None Absent: Councilman Weller Motion Carried Unanimously 5. Reappointments to City Commissions Mayor Suess moved and Councilwoman Robbins seconded that Jan Kay be reappointed to the Commission on Aging and Jennifer Brown be reappointed to the Local Liquor and Tobacco Commissions for three-year terms from July 1, 2024 through July 1, 2027. Roll Call Vote: Ayes: Mayor Suess Councilman Clousing Councilwoman Robbins Councilman Barbier Councilwoman Bray—Parker Councilman Brown Nays: None Absent: Councilman Weller Motion Carried Unanimously 6. Adopt Resolution R-2024-58, A Resolution Authorizing the Execution of Agreement No. 477 with Emergia Inc. for the Sanitary Manhole Rehabilitation Project for a Total Amount Not to Exceed $83,272 and a 10% Contingency Councilman Clousing moved and Councilwoman Bray—Parker seconded that R-2024-58, A Resolution Authorizingthe Execution of Agreement No. 477 with Emergia Inc. forthe Sanitary Manhole Rehabilitation Project for a Total Amount Not to Exceed $83,272 and a 10% Contingency, be adopted. WHEATON CITY COUNCIL PROCEEDINGS Monday, July l, 2024 City Manager Dzugan stated two bids were received for the annual Sewer Rehabilitation Project which comes in $8,200 over budget with sufficient reserves in the Sanitary Sewer Fund to cover the additionai expense. Roll Call Vote: Ayes: Counciiman Clousing Counciiwoman Robbins Counciiman Barbier Counciiwoman Bray-Parker Counciiman Brown Mayor Suess Nays: None Absent: Councilman Weller Motion Carried Unanimousiy 7. Adopt Resolution R-2024-59, A Resoiution Authorizing the Execution of Agreement No. 478 with Superior Road Striping Inc. for Thermoplastic Road Striping Services Through the Joint Purchasing Program with DuPage County for a Total Amount Not to Exceed $90,000 and a 10% Contingency Counciiman Barbier moved and Counciiwoman Robbins seconded that R-2024-59, A Resolution Authorizing the Execution of Agreement No. 478 with Superior Road Striping inc. for Thermoplastic Road Striping Services Through the Joint Purchasing Program with DuPage County for a Total Amount Not to Exceed $90,000 and a 10% Contingency, be adopted. City Manager Dzugan stated 80,000 linear feet of old striping will be replaced with new thermoplastic lines. Counciiwoman Bray—Parker requested project prioritization for completion of areas near schools prior to the start of school in mid-August. Street Superintendent Nathan Plunkett stated the city is at the mercy of the contractor’s schedule, and confirmed he will advocate for completion of school area work first. Roll Call Vote: Ayes: Councilman Barbier Counciiwoman Bray-Parker Councilman Brown Mayor Suess Councilman Clousing Councilwoman Robbins Nays: None Absent: Councilman Weller Motion Carried Unanimously 8. Receive Report, Planning & Zoning Board Report Re: ZA #24-06/ Special Use Permit Amendment/ Cosley Zoo Parking — 1351 N. Gary Avenue/ Wheaton Park District Counciiwoman Robbins moved and Counciiwoman Bray-Parker seconded that Planning & Zoning Board Report Re: ZA #24-06/ Special Use Permit Amendment/ Cosley Zoo Parking — 1351 N. Gary Avenue/ Wheaton Park District, be received. WHEATON CITY COUNCIL PROCEEDINGS Monday, July l, 2024 City Manager Dzugan stated the Council received a report from the Planning and Zoning Board regarding an application submitted by the Wheaton Park District seeking an amendment to an existing speciai use permit. He detaiied the Board recommended approval of an amendment to the permit to allow an increase in the number of parking spaces from 3O to 93 at the property located on the east side of Gary Avenue. He confirmed several meetings were held by the Board on the application with extensive testimony provided. Mayor Suess confirmed the Council’s receipt of items pertaining to the public hearing and all emails sent to the Planning and Zoning Board. He noted the Council has received many direct emails regarding the application, which will be filed into the meeting record. He stated since the application does not seek rezoning, the Council will consider the evidence and testimony presented at the Planning and Zoning Board meetings concerning the seven special use standards in the Zoning Ordinance. He clarified any evidence provided afterthe public hearing's close would not be considered. He reported on June 21, 2024, the City Clerk received a petition for an advisory question on Cosley Zoo's expansion for the November election, with objections due by August 12, 2024. He detailed the application before the Council is for amending an existing special use permit, not a public policy question. He stated the Council will decide to deny or approve the amended permit based on the Zoning Ordinance, while the Wheaton Park District controls the project's progression. Wheaton Park District Attorney Phil Luetkehans explained the application seeks t0 amend an existing special use permit for Cosley Zoo to build an overflow lot on the east side of Gary Avenue. He noted the project size has been significantly reduced in response to public comments and requests 63 additional parking spaces. He reported this will improve ingress, egress, and safety for Park District employees crossing Gary Avenue. He detailed the parking area will be fenced with an eight-foot barrier, requiring crossing at a signaled location at Gary and Prairie. He stated over 50% of the area adjacent to nearby neighbors will remain green space and the lot will be locked in the evenings with low light levels compliant with dark skies initiatives. Luetkehans mentioned safety and property values were the only issues raised concerning special use standards. He reported zoo visitors will not be required to park on the east side of Gary Avenue as existing parking and additional spaces will be available for visitors. He stated an expert testified property values would not diminish compared to uses already allowed under current zoning. He highlighted the project will improve stormwater capacity and reduce runoff rates. He confirmed the project complies with special use standards and does not seek any variations; thus, it should be approved based on the lllinois Supreme Court's Living Word decision. Christy Needham, 1311 N. Carlton Ave, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Suzanne Fitch, 403 Gary Ave, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Bob Stozek, 1130 Champion Forest Ct, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Dave Wesolowicz, 814 N. West St, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. WHEATON CITY COUNCIL PROCEEDINGS Monday, July 1, 2024 During Mr. Wesolowicz’s public comment, Councilman Barbier exited the Council Chambers at 7:42pm and returned at 7:44pm. John Patterson, 1847 Cherry St, voiced opposition to the Wheaton Park District’s appiication for the special use permit amendment. Angeia Stephenson, 1300 Champion Forest Ct, voiced opposition to the Wheaton Park District’s appiication for the special use permit amendment. Debbie Wesoiowicz, 814 N. West St, voiced opposition to the Wheaton Park District’s appiication for the special use permit amendment. Jeff Westergaard, 742 Ralph Ct, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Mary Jackson Lee, 1310 N. Carlton Ave, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Buddy Lee, 1310 N. Carlton Ave, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Chuck Smith, 0N236 Woodland Dr, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Pamela Knight, 795 W. Hawthorne Blvd, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Tom Knight, 795 W. Hawthorne Blvd, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Joan Wegrzyn, 218 W. Forst St, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. During Ms. Wegrzyn’s public comment, Councilman Barbier exited the Council Chambers as 8:28pm and returned at 8:31 pm. Tom Johnson, 325 W. Harrison Ave, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Joy Dudgeon, 518 N. Wheaton Ave, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Jeff Craig, 1329 N. Carlton Ave, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Elizabeth Craig, 1329 N. Carlton Ave, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. WHEATON CITY COUNCIL PROCEEDINGS Monday, July 1, 2024 Brendan Lee, 752 Raiph Ct, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Sharon Beiersdorf, 766 Ralph Ct, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Bruce Beiersdorf, 766 Ralph Ct, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Paula Smith, ON236 Woodland Dr, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Kevin Needham, 1311 N. Carlton Ave, voiced opposition to the Wheaton Park District's application for the special use permit amendment. Tom Frederick, 1212 S. Naper Blvd, Suite #119-PMB 231, Naperville, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. in response to Tom Frederick, City Attorney Didier stated the recusal of Councilman Weller was not relevant as he was not in attendance. Heather Estes, ONOSO Beverly St, voiced support for the Wheaton Park District’s application for the special use permit amendment. Ken Kwistkowski, 25484 White Bud Ln, voiced support for the Wheaton Park District’s application for the special use permit amendment. Susan Wahlgren, 1356 N. Gary Ave, voiced support for the Wheaton Park District’s application for the special use permit amendment. Susan Varcak, 520 N. Main St, voiced support for the Wheaton Park District’s application for the special use permit amendment. Matt Szafranski, 815 W. Elm St, voiced support for the Wheaton Park District’s application for the special use permit amendment. During Mr. Szafranski’s public comment, Councilman Barbier exited the Council Chambers at 9:21pm and returned at 9:23pm Jennifer Clark, 3110 Sawgrass Dr, Aurora, voiced support for the Wheaton Park District’s application for the special use permit amendment. Pam Bauer, 1205 E. Hawthorne Blvd, voiced opposition to the Wheaton Park District’s application for the special use permit amendment. Keith Bodger, 1011 E. Lowden Ave, voiced support for the Wheaton Park District’s application for the special use permit amendment. WH EATON CITY COUNCIL PROCEEDINGS Monday, July 1, 2024 Jaime Szafranski, 815 W. Elm St, voiced support for the Wheaton Park District’s appllcation forthe special use permit amendment. During Ms. Szafranski’s public comment, Councilman Clousing exited the Council Chambers at 9:32pm and returned at 9:35pm. Steve Stephenson, 1300 Champion Forest Ct, voiced opposition to the Wheaton Pa rk District’s appiication for the special use permit amendment. Councilman Barbier recognized the efforts of all parties involved in the opposition and support relating to the parking lot expansion. He expressed concern regarding the Wheaton Park District Board’s communication. He stated the Zoning Ordinance is the Council’s guide for approval or denial. He detailed the parking lot adds to what already exists. He reported the expanded lot would be an option for the use of zoo patrons and noted the application plan exhibit resembles a park with green space and trees. He reported based upon the application and recommendation of the Planning and Zoning Board he supports the City Attorney to draft an ordinance to approve the application. Councilwoman Bray—Parker recognized the community’s concern for the project. She highlighted the positive intentions of those in opposition and in support of the Wheaton Park District’s application. She recognized and thanked the Planning and Zoning Board, staff and community fortheir commitment, time and engagement invested in the project. She recognized the project’s evolution over the year to alter plans based on feedback. She expressed concern regarding misinformation and Wheaton Park District operations. She reminded the public that the City Council and Park District are separate governing bodies and detailed the City Council is present to clearly and consistently apply the city ordinances and policies. She reported she’d like to see the special use amendment approved with all eight conditions listed in the final plan as it has addressed the safety concerns and environmental impact concerns. Councilman Brown expressed concerns pertaining to the Wheaton Park District Board. He reported he is opposed to the special use permit approval as it fails to meet standards one, two and six. He stated the economic model should be validated along with the parking data and the public should be allowed to vote. Councilwoman Robbins thanked residents for their concern. She clarified the decision is not based on need and rather it is to allow or disallow the construction on property owned by the Park District. She detailed the City Council does not manage the Park District activities or uses. She confirmed the Council’s decision will be based upon facts, and Wheaton City Code and Zoning Ordinance. She reflected upon the Special Use Permit approved in 2001 for an employee parking lot and caretaker facility. She stated she is in approval of the application with the fence on both sides of Gary Avenue to funnel pedestrians to the new signalized crosswalk. Councilman Clousing thanked all community members opposed and in support of the project for their involvement and concern that makes Wheaton a great place to live. He reported the application is an amendment to a parking lot approved in 2001 on Gary Avenue and noted the importance of remaining consistent with prior precedent and recognized changes to the plan made based upon public concerns. He reported he agrees with the Planning and Zoning Board’s recommendation along with the eight conditions. He also noted the Council’s priority to address flood control and believes the parking lot’s underground water retention will aid in the reduction of water run—off and flooding in that area. WHEATON CITY COUNCIL PROCEEDINGS Monday, July 1, 2024 Mayor Suess reported the property is zoned R3 and parks are permitted in R3 and parking is permitted in parks. He recognized the proposai's evolution since the original proposai and noted need is not criteria referenced in the Zoning Ordinance. He noted necessary improvements being addressed specific to the cross walk, protected signai crossing, and flood reduction. He confirmed the amendment to the existing special use is the zoning issue in front of the Council which he supports the approval of. Roll Call Vote: Ayes: Councilwoman Robbins Councilman Barbier Councilwoman Bray-Parker Councilman Brown Mayor Suess Councilman Clousing Nays: None Absent: Councilman Weller Motion Carried Unanimously Motion to direct the City Attorney to prepare an ordinance to approve the Wheaton Park District's special use permit amendment request for the construction and use of a parking lot on the east side of Gary Ave subject to the eight conditions as detailed in Planning & Zoning Board Report Re: ZA #24-06/ Special Use Permit Amendment/ Cosley Zoo Parking — 1351 N. Gary Avenue/ Wheaton Park District Councilman Barbier moved and Councilwoman Robbins seconded a motion to direct the City Attorney to prepare an ordinance to approve the Wheaton Park District’s special use permit amendment request for the construction and use of a parking lot on the east side of Gary Ave subject to the eight conditions as detailed in Planning & Zoning Board Report Re: ZA #24-06/ Special Use Permit Amendment/ Cosley Zoo Parking — 1351 N. Gary Avenue/ Wheaton Park District. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Bray~Parker Mayor Suess Councilman Clousing Councilwoman Robbins Nays: Councilman Brown Absent: Councilman Weller Motion Carried 9. Council Comment Mayor Suess announced Wheaton Independence Day festivities including the Wheaton Municipal Band’s Patriotic Concert in Memorial Park on July 2“d at 7:30pm, the Field of Honor Display at Seven Gables with nightly ceremonies at 7:00pm through July 4‘“, the July 3rd fireworks at Graf Park at 9pm, and July 4th independence Day parade through Downtown at 10am. 10. Approval of Warrant WHEATON CITY COUNCIL PROCEEDINGS Monday, July 1, 2024 Councilman Barbier moved and Councilman Brown seconded that Warrant No. 875 in the amount of $2,720,610.89, be approved. Roll Call Vote: Ayes: Councilman Barbier Councilwoman Bray-Parker Councilman Brown Mayor Suess Councilman Clousing Councilwoman Robbins Nays: None Absent: Councilman Weller Motion Carried Unanimously 11. Adjournment Councilwoman Bray—Parker moved and Councilman Brown seconded that the regular Wheaton City Council Meeting be adjourned at 10:22 p.m. Roll Call Vote: Ayes: Councilwoman Bray-Parker Councilman Brown Mayor Suess Councilman Clousing Councilwoman Robbins Councilman Barbier Nays: None Absent: Councilman Weller Motion Carried Unanimously Respectfully submitted, WW Andrea Rosedale City Clerk Submitted for Approval: July 15, 2024