City of Wheaton City Council met July 18.
Here are the minutes provided by the council:
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
Councilwoman Fitch
Councilman Weller
Councilman Barbier
Councilwoman Bray-Parker
Councilman Brown
Electronically Present:
Councilwoman Robbins
Absent: None
City Staff Physically Present:
John Duguay, Assistant City Manager
Jim Knippen, City Attorney
Jim Kozik, Director of Planning & Economic Development
Holly Schulz, Director of Human Resources
Chad Michaelis, Director of Information Technology
Joseph Tebrugge, Director of Engineering
Peter Vassios, Interim Fire Chief Fire Department Personnel
Susan Bishel, Public Information Officer
Andrea Rosedale, City Clerk
Electronically Present:
Michael Dzugan, City Manager
Nathan Plunket, Street Superintendent
2. Presentation
Mayor Suess presided over the swearing-in ceremony for Firefighters Bryan P. Kuhter and Matthew Villegas and promotional swearing-in ceremony for Fire Lieutenant Jason J. Skilondz, followed by remarks by Interim Fire Chief Peter Vassios.
Assistant City Manager Duguay recognized 18 years of dedicated service from retiring Director of Information Technology, Chad Michaelis. He stated Director Michaelis was the City's second Information Technology Director and is credited for significant advancements in the City's use of technology, including the transition to cloud services.
3. Citizens to be Heard
Mr. Jim Covert, 2108 Driving Park Road, expressed safety concern regarding the proposed City Sidewalk Plan specific to the Driving Park Road extension and location of the proposed crossing at Geneva Road. Mr. Covert stated the planned Driving Park Road sidewalk network is disconnected and does not lead to a specific location.
Ms. Caron Klein, 2111 Driving Park Road, detailed concern for pedestrian safety at the proposed Geneva Road crossing location in the City's sidewalk plan for Driving Park Road. Ms. Klein stated the proposed crossing at Driving Park Road has a blind curve. Ms. Klein noted the sidewalk ends at the south side of Geneva Road which does not have sidewalks, therefore directing pedestrians to cross at an unsafe location at Geneva Road to access the sidewalks on the north side of Geneva.
Ms. Alicia Bianchi, 2114 Driving Park Road, specified concern for pedestrian safety at the proposed crossing at Driving Park Road which has a blind curve. Ms. Bianchi noted the south side of Geneva Road does not have sidewalks where the proposed Driving Park Road sidewalk is planned to end. Ms. Bianchi expressed concern for her underground sprinkler system in the installation of sidewalks near her property.
Mr. Doug Gilmour, 413 Westwood Drive, distributed a presentation to the City Council regarding the sidewalk proposal for the horseshoe of Birch, Beecher and Westwood citing objections to the current plan. Mr. Gilmour outlined concerns of the sidewalk plan specific to the reduction of green space, sloppy appearance, making the neighborhood feel smaller and the potential to create water issues for surrounding homes. Mr. Gilmour asked the City Council to appeal to City staff regarding the proposed sidewalk installation.
Mr. Matt Long, 419 Westwood Drive, thanked the City Council and Wheaton Park District for the improved traffic mitigation relating to Graf Park. Mr. Long asked City Council to review the distributed presentation regarding the sidewalk proposal for the horseshoe of Birch, Beecher and Westwood detailing the concerns of citizens to reevaluate the proposed sidewalk, especially as it affects water mitigation.
Mr. Jim Anderson, 1416 Beecher Avenue, spoke regarding the sidewalk proposal for the horseshoe of Birch, Beecher and Westwood citing objections to the current plan as he feels sidewalks are not a necessity. Mr. Anderson stated the Wheaton Park District did a good job mitigating traffic concerns related to Graf Park. He also detailed concerns relating to water mediation and a reduction in greenspace in the City's proposed sidewalk plan.
Mr. Andrew Hill, 514 Westwood Drive, spoke regarding the sidewalk proposal for the horseshoe of Birch, Beecher and Westwood and asked City Council to minimally consider a delay in the sidewalk construction in his neighborhood to reflect upon the presentation prepared by his neighbors outlining concerns.
4. Consent Agenda
Councilman Barbier moved and Councilman Brown seconded that the following action be taken on the Consent Agenda items:
1. Approve the minutes of the June 27, 2022 Wheaton City Council Public Hearing – ZA # 22-16 Rezoning and PUD, June 27, 2022 Wheaton City Council Public Hearing - Proposed Alley and Easement Vacation and Wheaton City Council Regular Meeting - July 5, 2022, as submitted.
2. Approve Bond Waiver and Issue Raffle License to Midwest Dachshund Rescue, Inc.
3. Approve Bond Waiver and Issue Raffle License to DuPage Care Center Foundation.
Roll Call Vote on Consent Agenda:
Ayes: Councilman Barbier
Councilwoman Bray-Parker
Councilman Brown
Mayor Suess
Councilwoman Fitch
Councilwoman Robbins
Councilman Weller
Nays: None
Absent: None
Motion Carried Unanimously
5. Receive Report from Staff Re: ZA 22-16/ Rezoning and PUD/ Block Bounded by Liberty Drive on the North, Hale Street on the East, Willow Avenue on the South, and Wheaton Avenue on the West/ Willow Avenue Apartments, LLC
Assistant City Manager Duguay stated the Staff Report relates to the rezoning and special use permit for a planned unit development requested by Willow Avenue Apartments, LLC., which City Council held public hearings taking testimony on June 13, 2022 and June 27, 2022.
Councilwoman Fitch moved and Councilwoman Robbins seconded a motion to receive report from Staff Re: ZA 22-16/ Rezoning and PUD/ Block Bounded by Liberty Drive on the North, Hale Street on the East, Willow Avenue on the South, and Wheaton Avenue on the West/ Willow Avenue Apartments, LLC.
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
Councilman Brown moved and Councilman Weller seconded a motion to direct the City Attorney to prepare an ordinance approving the special use permit for ZA 22-16/ Rezoning and PUD/ Block Bounded by Liberty Drive on the North, Hale Street on the East, Willow Avenue on the South, and Wheaton Avenue on the West/ Willow Avenue Apartments, LLC. subject to the following conditions: 1). The facade of the building would be subject to further staff review and agreement; and 2). The preliminary engineering plan shall be subject to further staff review prior to the issuance of a site development permit.
City Attorney Knippen referenced a letter received by City Council from a group of citizens dated July 15, 2022, which in part contained content characterized as a motion to dismiss. City Attorney Knippen explained a motion to dismiss in the context of a rezoning petition has no legal basis in a zoning petition before a legislative or quasi legislative body. He further highlighted a motion to dismiss is unique to judicial proceedings. City Attorney Knippen confirmed the letter will be received by City Council and incorporated into the record and the City Council may consider it as part of its legislative deliberations to make a determination on the proposal.
Mr. Tom Suminski, Banner Multifamily, LLC., 300 S. Riverside Plaza, Chicago, presented a summary of proposal updates. Mr. Suminski confirmed the acquisition of additional surrounding properties. He highlighted the building was pushed back on Willow from a zero-lot line to an off-set. He listed further updates including parking access on Willow moved closer to Hale, parking for Egg Harbor moved off street, increased guest parking inside, moved balconies back so they're no longer hanging over the property line, changed exterior color from brownish brick to a reddish brick and the addition of brick along the exterior. He also listed benefits specific to the investment in the Downtown south end, improvement of pedestrian walkways, increased density, increased parking spaces, increased demand for downtown businesses, sustainable building practices, electric charging stations, and stormwater retention which will reduce current stormwater demand by over 80%. Mr. Suminski confirmed the project would offer a range of housing types from studios to multilevel townhomes all while keeping and improving an existing business.
Mr. Ron Almiron, 455 W. Front Street, addressed the City Council asking for clarification of the pending vote. In response to Mr. Almiron, Mayor Suess stated the upcoming vote would be to direct the City Attorney to prepare an ordinance to approve or deny the application.
Ms. Caryn Andrews, urged City Council deny the pending zoning application #22-16 on the grounds that the criteria for approval does not meet special use permit standards. Ms. Andrews detailed the applicant failed to provide fact-based evidence at Public Hearings to address unmet special use permit standards and failed to meet criteria in the Wheaton Comprehensive Plan.
Mr. Mike Andrews, 317 S. Hale Street, expressed gratitude to the citizens of Wheaton for their participation and input pertaining to Zoning Application #22-16 and to Pastor Olson of St. Paul Lutheran Church for providing a location for citizens to gather. Mr. Andrews stated hundreds of citizens signed a petition in opposition of Zoning application #22-16 approval, citing the development is too large and dense for the proposed site. He asked the Council to vote down the proposed application.
Mr. Steve Alesch, 27W554 Warrenville Road, addressed City Council on behalf of the DuPage County Green Party. Mr. Alesch referenced a letter submitted by the DuPage County Green Party dated July 16, 2022. He stated the party felt the proposed 590 square foot unit minimum size is reasonable and the placement of the high-density development next to a commuter train station and multiple bus stops is favorable. Mr. Alesch recommended proposal modifications specific to setback, plantings, and LEED certification by the implementation of sustainable practices.
Ms. Elizabeth Hain, 724 Warrenville Road, stated approval of the proposed zoning application under the current Comprehensive Plan would be inappropriate until an updated Comprehensive Plan is available reflecting current vision, needs and benefits. Ms. Hain urged the City Council to deny the proposed zoning application.
Ms. Roberta Stewart, 109 E. Park Ave., expressed concern regarding the proposed zoning application citing environmental concern and the substantial number of units.
Mr. Tom Sumnski, reminded City Council of the dozens of letters on record in support of the proposed development from residents and surrounding area employees. He emphasized the proposal compliments the Comprehensive Plan in terms of the need for multifamily high-density housing. He confirmed after approval Banner intends to work with an environmental consultant to establish certain green designations.
Councilman Barbier expressed appreciation for the involved citizens who remained engaged throughout the process. As a lifelong resident of Wheaton, Councilman Barbier reflected upon the evolution of the downtown area comparing the limited offerings of the past to the charm and vibrancy of today making it a desired destination for residents and visitors. He stated the city can work around issues surrounding St. Michael's Parish School to ensure student safety surrounding drop off and pick up operations. Councilman Barbier stated a passing vote would not set a precedent for future development in the area as each proposal should be viewed independently considering variable existing conditions. Councilman Barbier confirmed his support of the City Attorney to draft an ordinance approving the special use permit for the proposed development to protect and preserve the magic of Downtown Wheaton in the event of a potential economic downturn.
Councilwoman Bray-Parker reflected upon positive adjustments to address issues in the application since the original Planning and Zoning meeting. She confirmed the development meets the needs that many organizations, residents, and stakeholders have been calling for. She stated the Comprehensive Land Use Plan and Downtown Strategic Plan calls for increased residential units which the Roosevelt Corridor study concurred with, and public benefits include enhanced vitality south of the tracks and updated storm water plan. Councilwoman Bray-Parker is encouraged by additional positive sustainable and environmental options. She stated both foot traffic for businesses, continuation of street scape and landscape are essential for the downtown area. She emphasized she would like to see the city address the affordable, attainable housing issue in the future. Councilwoman Bray-Parker confirmed approval of the special use permit does not set a precedent for future applications.
Councilman Brown stated he supports approval of the proposed application. He reflected upon the extensive collaboration throughout the process. He confirmed the receipt of commentary from residents and professionals both in favor and in opposition of the proposed development. Councilman Brown affirmed the availability of the properties allowed for competition of proposed developments. He stated City Council takes a broad perspective to review the proposed application and he recognized the current window for development is on the tail end of a robust development cycle.
Councilwoman Fitch expressed appreciation for public comments received on both sides. She highlighted the proposed project is a significant investment in the Downtown and will support the vibrancy for years ahead. She stated the compensation for vacation of the public alley paid by the developer should be devoted to parking and traffic improvements in the area. Councilwoman Fitch stated that City staff should continue to work with St. Michael Parish School to investigate potential accommodations and improvements to address traffic flow and parking needs. She confirmed the decision to approve the special use permit will not conclude the attention of concerns of surrounding residents and St. Michael Church and School.
Councilwoman Robbins expressed her appreciation to the citizens for their involvement and hard work. She highlighted resident concerns surrounding high-density and crime along with the desire to preserve the rich history and charm of Wheaton. Councilwoman Robbins reflected on when she ran for Council in 2017 to be the voice of the people, and confirmed she cannot support the proposal as it stands today and will be voting no.
Councilman Weller stated he is in support of the proposed project highlighting it will have a positive impact on the City. He stated the proposal is generally consistent with some of the other developments in the area. Councilman Weller expressed gratitude to the individuals, Councilmembers, and Planning and Zoning Board for the contributions made.
Mayor Suess stated the 1999 initiation of redevelopment in the Downtown began with the establishment of three TIF districts bringing various residential construction projects and improvements meeting the demands of community downsizing, homes close to the train and residences with walkability to Downtown Wheaton which all contributed to the vibrancy of Downtown Wheaton. He stated that the developer's acquisition of surrounding property offered a buffer on all sides to reduce impact to the immediate surrounding community. He confirmed the proposed project is a continuation of the Downtown's development process to continue making Wheaton better, highlighting the developer's interest in developing the property without public funding or TIF access and feels that this is a project that should be moved forward with.
Roll Call Vote:
Ayes: Councilman Brown
Mayor Suess
Councilwoman Fitch
Councilman Weller
Councilman Barbier
Councilwoman Bray-Parker
Nays: Councilwoman Robbins
Absent: None
Motion Carried
6. Approve Reappointments / Appointments to City Board / Commission
Mayor Suess moved and Councilwoman Bray-Parker seconded that Chris Dabovich and Cecilia Horejs be reappointed to the Planning & Zoning Board and Michael Hodel, Ben Waterman and Angela Welker be appointed to the Community Relations Commission, all for three-year terms.
Roll Call Vote:
Ayes: Mayor Suess
Councilwoman Fitch
Councilwoman Robbins
Councilman Weller
Councilman Barbier
Councilwoman Bray-Parker
Councilman Brown
Nays: None
Absent: None
Motion Carried Unanimously
7. Adopt Resolution R-2022-57, A Resolution Authorizing the Execution of Master Right of Way, Easement and Pole Attachment License Agreement - for Chicago SMSA Limited Partnership D/B/A / Verizon Wireless
Assistant City Manager Duguay stated Verizon Wireless seeks consideration by the City Council to enter a Master Right of Way, Easement and Pole Attachment License Agreement to permit telecommunication equipment to be placed within the City's right of way. He stated permits will be administered by the City's Engineering Department in conformance with the agreement and City Code.
Councilman Brown moved and Councilman Weller seconded that Resolution R-2022-57, A Resolution Authorizing the Execution of Master Right of Way, Easement and Pole Attachment License Agreement - for Chicago SMSA Limited Partnership D/B/A / Verizon Wireless, be adopted.
City Attorney Knippen confirmed in response to Mayor Suess the agreement is consistent with existing ordinances and both state and federal law and contains a provision with respect to the removal of equipment in the future.
Roll Call Vote:
Ayes: Councilman Brown
Mayor Suess
Councilwoman Fitch
Councilwoman Robbins
Councilman Weller
Councilman Barbier
Councilwoman Bray-Parker
Nays: None
Absent: None
Motion Carried Unanimously
8. First Reading of an Ordinance Amending Section 70-354, “Restrictions or Prohibitions on Certain Streets and Off-Street Lots” of Division 1, "Generally" of Article IV, “Stopping Standing and Parking" of Chapter 70 "Traffic and Vehicles” of the Wheaton City Code
Assistant City Manager Duguay reflected upon the July 5, 2022 City Council meeting where a public comment was made regarding the notice of “legal holiday” as it appears on City parking meter street signs relevant to what is defined as a legal holiday. He detailed staff reviewed the comment and recommended an amendment to city code to clarify the definition of legal holiday to encompass any holiday as established by federal government, the State of Illinois or the City of Wheaton.
9. Adopt Resolution R-2022-58, A Resolution Authorizing the Execution of Agreement No. 315 with Chicago Metropolitan Fire Prevention for Wireless Radio Alarm Network Management, Maintenance, and Servicing for a Three-Year Term and a Total Amount Not to Exceed $158,652 (Annually $52,884)
Assistant City Manager Duguay added the City's Fire Alarm Network provides transmission of alarms directly to DuComm for dispatching. He highlighted the proposed cost is equal to the prior contract and will remain steady for three years with an option for a fourth-year extension.
In response to Mayor Suess, City Attorney Knippen clarified the recommendation for five votes is based upon an ambiguity in the City Code that requires five votes for the approval of a single source contract approval.
Councilman Barbier moved and Councilwoman Bray-Parker seconded that Resolution R-2022-58, A Resolution Authorizing the Execution of Agreement No. 315 with Chicago Metropolitan Fire Prevention for Wireless Radio Alarm Network Management, Maintenance, and Servicing for a Three-Year Term and a Total Amount Not to Exceed $158,652 (Annually $52,884), be adopted.
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
10. Adopt Resolution R-2022-59, A Resolution Authorizing the Purchase of LED Streetlight Fixtures from Lighting Solutions of Illinois for a Total Amount Not to Exceed $82,990
Assistant City Manager Duguay highlighted the purchase of LED fixtures to replace high pressure sodium fixtures is in line with strategic priority, Environmental Sustainability, Goal A, to reduce the local carbon footprint. He stated the city has already replaced 60% of Coach style fixtures and 90% of Cobra fixtures.
Councilwoman Fitch moved and Councilwoman Robbins seconded that Resolution R-2022-59, A Resolution Authorizing the Purchase of LED Streetlight Fixtures from Lighting Solutions of Illinois for a Total Amount Not to Exceed $82,990, be adopted.
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
Councilman Barbier recused himself at 9:00 p.m. from the discussion and vote on Regular Agenda New Business Item No. 7, Intergovernmental Notification and Comment Form - DuPage County Zoning Petition Zoning - 22-000031 – Kayreh Wheaton, LLC - ON684 Gary Avenue, due to a potential conflict of interest.
11. Intergovernmental Notification and Comment Form - DuPage County Zoning Petition Zoning - 22-000031 - Kayreh Wheaton, LLC - ON684 Gary Avenue
Assistant City Manager Duguay detailed the County's consideration of a zoning request for variations at property located at ON684 Gary Avenue, similar to a request made in 2021 for ON758 Gary Avenue. He explained due to the number and scale of zoning variations necessary to accommodate the proposed use, staff recommends formal objection to the petition.
Councilman Brown moved and Councilman Weller seconded a motion to submit the Comment Form - Dupage County Zoning Petition Zoning - 22-000031 – Kayreh Wheaton, LLC – ON684 Gary Avenue, with objection to the petition.
Roll Call Vote:
Ayes: Councilman Brown
Mayor Suess
Councilwoman Fitch
Councilwoman Robbins
Councilman Weller
Councilwoman Bray-Parker
Nays: None
Absent: Councilman Barbier
Motion Carried Unanimously
Councilman Barbier rejoined the meeting at 9:03 p.m.
12. First Reading of an Ordinance Amending the Official Motor Vehicle and Traffic Schedules (Chapter 70) for the City of Wheaton
Assistant City Manager Duguay stated the ordinance would codify and define the geographic boundaries for persons interested in residential and commercial parking leases in the City's two municipal parking garages.
In response to Councilman Weller, Director Kozik confirmed the occupancy for residential and commercial parking leases is relatively low.
13. Council Comment
Councilman Brown expressed encouragement throughout the decision-making process crediting fellow Councilmembers, the leadership from Mayor Suess, and support from City Staff.
Mayor Suess recognized the Trickster Cultural Center for sponsoring the gth National Gathering of Native American Veterans at Cantigny. Mayor Suess also thanked the Illinois Sikh Community Center in Wheaton for his invitation to a program launching the B Jolly Foundation and expressed appreciation for their work with special needs children and adults in the community. Mayor Suess conveyed appreciation for the concern and discussion surrounding zoning deliberations. He stated he was impressed by the deliberation from City Council relative to the issue at hand and acknowledged the Councilmembers for the formation of their individual decisions based upon the presented facts.
14. Approval of Warrant
Councilwoman Fitch moved and Councilman Barbier seconded that Warrant No. 828 in the amount of $1,357,906.52 be approved.
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
15. Adjournment Councilwoman Bray-Parker moved and Councilman Barbier seconded that the regular Wheaton City Council Meeting be adjourned at 9:08 p.m.
Roll Call Vote:
Ayes: Councilwoman Bray-Parker
Councilman Brown
Mayor Suess
Councilwoman Fitch
Councilwoman Robbins
Councilman Weller
Councilman Barbier
Nays: None
Absent: None
Motion Carried Unanimously
https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_07182022-2039
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