Chicago City Wire

City of Wheaton City Council met Jan. 6

Here are the minutes provided by the council:

MAYOR PHlLlP I, SUESS 

COUNCILMAN MICHAEL BARBEER l COUNCELWOMAN ERICA BRAY‘PARKER I COUNCILMAN SCOTT BROWN COUNCILMAN BRADLEY CLOUSING i COUNCILWOMAN LYNN ROBBINS l COUNCILMAN SCOTT WELLER 

1. Call to Order and Roll Call 

The regular Wheaton City Council Meeting was called to order at 7:02 p.m. by Mayor Philip J. Suess. Upon roll call, the following were: 

Physically Present: Mayor Suess 

Councilman Clousing 

Councilwoman Robbins 

Councilman Weller 

Councilman Barbier 

Councilwoman Bray-Parker 

Councilman Brown 

Absent: None 

City Staff Physically Present: Michael Dzugan, City Manager 

Dawn Didier, City Attorney 

Jim Kozik, Director of Planning & Economic Development 

Holly Schulz, Director of Human Resources 

Joseph Tebrugge, Director of Engineering 

Susan Bishel, Public lnformation Officer 

Andrea Rosedale, City Clerk 

City Staff Electronically 

Present: Nathan Plunkett, Street Superintendent 

2. Citizens to be Heard 

Jane Beatty, 840 Pinegrove Court, President of the Wheaton Pine Grove Homeowners Association, expressed waterflow and landscaping concerns regarding the proposed plans for the lslamic Center of Wheaton’s special use permit amendment. She asked the Council to consider their concerns before voting. 

Robert Fiorillo, 811 Pinegrove Court, expressed water flow, landscaping, storm drain and headlight concerns regarding the proposed special use permit amendment for the lslamic Center of Wheaton. He reported the property is directly behind his home. 

3. Consent Agenda 

Councilwoman Bray-Parker moved and Councilman Barbier seconded that the following action be taken on the Consent Agenda items:

1. Approve the minutes of Wheaton City Council Pubiic Hearing (Caiendar Year 2025 Budget) — December 9, 2024, as submitted. 

2. Approve the minutes of Wheaton City Councii Pubiic Hearing (Vacation Request / Cortino / Charies Street Right—of—Way), as submitted. 

3. Approve the minutes of Wheaton City Council Reguiar Meeting — December 16, 2024, as submitted. 

4. Adopt Resolution R—2025—01, A Resolution Ratifying the City Manager's Change Order and Authorizing the Execution of Change Order #2 to Agreement No. 484 with Alliance Contractors, Inc. for the Cole Avenue Retaining Wall Replacement Project for a Total Amount Not to Exceed $14,989.60 and a Total Award of $108,373.10. 

5. Adopt Resolution R—2025—02, A Resolution Ratifying the City Manager’s Change Orders and Authorizing the Execution of Change Order #11 and Change Order #12 to Agreement No. 482 with Triggi Construction, inc. for the 2024 Fall Sidewalk Program for a Total Amount Not to Exceed $76,843.02 and a Total Award of $1,191,377.75. 

Roll Call Vote: 

Ayes: Councilwoman Bray-Parker 

Councilman Brown 

Mayor Suess 

Councilman Clousing 

Councilwoman Robbins 

Councilman Weller 

Councilman Barbier 

Nays: None 

Absent: None 

Motion Carried Unanimously 

4. Adopt Resolution R-2025-03, A Resolution Authorizing the Execution of Agreement No. 513 with Vulcan Construction Materials, LLC for Aggregate Materials to be Purchased on an as Needed Basis at the Price Per Ton Set Forth in Vulcan Construction Materials, LLC’s Cost Proposal 

Councilwoman Robbins moved and Councilman Brown seconded that R-2025-O3, A Resolution Authorizing the Execution of Agreement No. 513 with Vulcan Construction Materials, LLC for Aggregate Materials to be Purchased on an as Needed Basis at the Price Per Ton Set Forth in Vulcan Construction Materials, LLC's Cost Proposal, be adopted. 

City Manager Dzugan reported two bids were received for aggregate materials to be used by Public Works for various repair projects, with the lowest bid coming in $7,000 under budget. He explained the aggregate will be ordered on an as-needed basis and delivered directly to the Public Works yard. 

Roll Call Vote: 

Ayes: Councilwoman Robbins 

Councilman Weller 

Councilwoman Bray-Parker 

Councilman Brown 

Mayor Suess 

Councilman Clousing 

Nays: None 

Absent: None 

Motion Carried Unanimously 

5. Receive Planning and Zoning Board Report Re: ZA #24-14 / Special Use Permit Amendment / 900 E. Geneva Road / Islamic Center of Wheaton and Direct City Attorney to Prepare an Ordinance as Instructed Councilman Barbier moved and Councilwoman Robbins seconded that Planning and Zoning Board Report Re: ZA #24-14 / Special Use Permit Amendment / 900 E. Geneva Road / Islamic Center of Wheaton and Direct City Attorney to Prepare an Ordinance as Instructed, be received. 

City Manager Dzugan stated the recommendation from the Planning and Zoning Board received is for the approval of a special use amendment to allow construction of an additional row of parking spaces, with a net increase of 15 spaces, a right in and right out drive connection to Geneva Road, and a driveway interconnect with the property to the west. He confirmed receipt of a note from a property owner to the south regarding drainage and landscaping concerns and directed stormwater questions to Director of Engineering Tebrugge. 

Roll Call Vote: 

Ayes: Councilman Barbier 

Councilwoman Bray—Parker 

Councilman Brown 

Mayor Suess 

Councilman Clousing 

Councilwoman Robbins 

Councilman Weller 

Nays: None 

Absent: None 

Motion Carried Unanimously 

Director of Engineering Tebrugge explained that a survey of the existing detention pond revealed it was not constructed as originally planned in 1993, necessitating additional detention ca pacity. He clarified that comments from the subdivision to the south about a City storm structure were incorrect, confirming that the structure aligns with the original design. He also confirmed that water flow in the area moves westward, and ifthe lslamic Center detention facility were to overflow, it would follow the planned route into the Pine Grove Subdivision, using the swale along the northern lot line to reach their detention facility as intended. 

ln response to Mayor Suess, Director Tebrugge confirmed storm grates in the lslamic Center’s detention basin are private. He stated the landscaping is not an engineering issue, however noted in order to increase the height of the berm, the current landscaping would need to be removed and replaced.

Director Kozik stated the proposed landscaping is a mix of evergreen materials and not a monoculture that is currently planted. 

Robert Fiorillo, 811 Pinegrove Court, stated in response to Councilman Brown, he had attempted neighboriy communication with the lslamic Center. 

Mr. Fiorillo expressed concerns regarding the proposed landscape screening and waterfiow towards his property. 

Counciiwoman Robbins asked for clarification regarding the number of evening events that may resuit in headiights shining into neighboring homes. 

Lisa Cassidy, Civil Engineer with V3 Companies, represented the lslamic Center of Wheaton. She stated the landscaping plan indicates substantiai landscaping being repiaced with plant varieties that will enhance the screening in a coupie of years once the plantings mature. She stated the plants to be installed will be six feet in height initially. 

Councilman Brown expressed concern regarding the lack of communication with the applicant and neighboring residents. 

Jane Beatty, 840 Pinegrove Court, asked the City to consider concerns regarding landscaping and engineering. 

Mr. Fiorillo expressed additional concerns regarding headlights specific to the height of the proposed plantings, and installation location on the berm. 

Ms. Cassidy noted to bring the pond to compliance from what was originally designed in the 1990’s does not allow for much wiggle room due to the location of where the berm requires build up. in response to Mayor Suess she stated the current landscaping plan meets City code, however, they can look at potentially shifting some of the plants or investigating the purchase of larger plantings. 

Councilman Barbier requested the proposed landscaping match the current level of protection and screening from headlights. 

in response to Council comments, City Manager Dzugan stated the draft ordinance would capture comments from the Council and Staff Conditions listed in the memorandum. 

Councilman Weller stated the project is largely good, offering additional parking and improved flood control and traffic flow. 

Motion to Direct the City Attorney to Prepare an Ordinance to Approve the Special Use Permit Amendment 

Councilman Weller moved and Councilman Clousing seconded a motion to Direct the City Attorney to Prepare an Ordinance to Approve the Special Use Permit Amendment. 

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 Unanimously 

6. Approval of an Application for a Class S Liquor License — Thorntons LLC d/b/a Thorntons #363 — 950 W. Geneva Road 

Councilwoman Bray—Parker moved and Councilman Barbier seconded that an Application for a Class S Liquor License — Thorntons LLC d/b/a Thorntons #363 — 950 W. Geneva Road, be approved. 

City Manager Dzugan reported the unanimous recommendation from the Local Liquor Commission is for the approval ofa Class S liquor license for a convenience store associated with the Thornton’s convenience filling station. 

Jeff Staffeldt, representing Thorntons LLC, stated the store is planned to open on January 17, 2025. 

Roll Call Vote: 

Ayes: Councilwoman Bray-Parker 

Councilman Brown 

Mayor Suess 

Councilman Clousing 

Councilwoman Robbins 

Councilman Weller 

Councilman Barbier 

Nays None 

Absent None 

Motion Carried Unanimously 

7. Denial of an Application for a Class M Liquor License — The PRIDE Stores, Inc. d/b/a 93 Octane Filling Station — 206 N. Main Street 

Councilman Brown moved and Councilman Barbier seconded that an Application for a Class M Liquor License —The PRIDE Stores, lnc. d/b/a 93 Octane Filling Station — 206 N. Main Street, be denied. 

Councilman Weller recused himself at 7:35 p.m. from discussions pertaining to an Application for a Class M Liquor License —The PRIDE Stores, lnc. d/b/a 93 Octane Filling Station — 206 N. Main Street, due to a potential conflict of interest. 

City Manager Dzugan stated the Local Liquor Commission unanimously recommend denial of a Class M liquor license for The PRIDE Stores, lnc., proposed for the northwest corner of Main St. and Wesley St. He stated the denial was based on the restriction that a Class M license cannot be issued within 100 feet of a church building. He reported exceptions apply only to businesses like restaurants, where the primary focus is serving food, and liquor sales are a secondary offering, which does not apply to the business model as applied for. 

John Conway, representing The PRIDE Stores, lnc., declared the primary use of the proposed business space is not for alcoholic beverage sales. He reviewed prior evidence submitted to the Local Liquor Commission including other store sales and planned drawings. 

in response to Mayor Suess, Mr. Conway stated 93 Octane is a craft brewery that desires to open the location to promote the 93 Octane Beer in a business that is a tap house and not a retail beer shop. Mr. Conway stated that 93 Octane promotes charitable organizations such as Folds of Honor. He stated the hope is to have a greater presence in the Western Suburbs in a family atmosphere where customers can eat food and meet people. He stated it is generally a meeting place, not simply a retail beer or alcohol store. 

City Attorney Didier reported the Class M license under the Wheaton City Code of Ordinances is issued t0 businesses which have a primary use for the retail sale of beer, wine or ale. 

Director of Planning and Economic Development Kozik reported Class M licenses have been issued to Tasting Devine, a wine shop, and Dry City Brew Works, which also had a supplemental license to allow brewing beer onsite. He reported the issue with a Class M license for the proposed business is the location relative to the church building and suggested to the applicant that if they are operating as a restaurant serving food, they may apply for a Class A or B license. He stated the change in use to a restaurant would require a parking variation based upon the location and size ofthe building. He further stated the distance between the church building would no longer apply if the primary purpose of the business was not the sale of alcohol. 

Mr. Conway stated if a Class A or B license were pursued, from a craft brewery, the brewer would need to first sell their beer through a beer distributor and then to the restaurant, whereas with a Class M license the business can bring in their own product without going through a distributor. He reported that 93 Octane is not a beer distributor, and with a Class M license, since they are a craft brewery, would not need to go through a beer distributor to bring their product in. 

Director Kozik stated the business was advised to apply for a supplemental license as an option to address the distribution issue with the beer, which currently is only permitted for a Class M license or a Class i license, for larger restaurants. He suggested the proposal of an amendment to the Class A or B licenses to permit a restaurant of that size to sell their beer without going through a distributor. He reported there are other issues with the Class A and B licenses for the particular property relative to size and parking that would need to be addressed in addition to the application ofthe liquor license itself. He stated operational changes may be required as with no wait staff the restaurant may be classified as fast food which doesn’t permit liquor licenses. 

Mr. Conway reported the restaurant is not fast food, to which Director Kozik stated it is fast food as the City’s liquor code defines it. 

ln response to City Manager Dzugan, Mr. Conway stated The PRIDE Stores, Inc. applied for a Class M license because the business fits squarely with all the requirements and would permit the sale of their own product without going through a distributor. He argued the Wheaton City Code does not state liquor is the primary use for businesses under the Class M license and therefore there would be no reason to apply the exception under Section 6—85(b). He stated through empiric data at their St. Charles Store the sales of aicohoiic beverages are not the primary sale of products. 

in response to Mayor Suess, iVlr. Conway stated the sales at the St. Charles location are approximately 44.5% alcohol, 44.5% food, and the balance towards specialty foods, mugs and apparel promoting the brand. Mr. Conway stated the store is a meeting place serving food and liquor promoting the craft brewery and charitable organizations. 

Mayor Suess encouraged Mr. Conway to work with staff to develop an alternative. Mr. Conway expressed time concerns relative to the contract to purchase the property. 

Councilman Barbier reported concerns regarding the property being close to a park and stated he was not in favor of approval when it doesn’t meet the 100 feet distance requirement from a church building. 

Councilwoman Bray-Parker stated Wheaton has businesses similar to 93 Octane and stated it would be a good fit for the proposed space. She encouraged the applicant to explore alternative solutions as the Class M license isn’t a fit. 

City Attorney Dider stated straight liquor stores are not permitted in Wheaton which is why requirement C of the Class M license classification requires a minimum of 20% of retail space devoted to the sale of specialty foods and merchandise and therefore the main purpose of a Class M is to sell alcohol and this combined with the proposed location triggers Section 6—85(b) without the possibility of applying the exemption. 

Councilman Clousing noted the business would be a great use ofspace and a nice addition. He encouraged the applicant to explore alternative solutions. 

Mayor Suess reported he understands the distributor concerns and encouraged the applicant to be flexible. He suggested the option of proposing a new classification to fit the use and purpose. 

Roll Call Vote: 

Ayes: Councilman Brown 

Mayor Suess 

Councilman Clousing 

Councilwoman Robbins 

Councilman Barbier 

Councilwoman Bray—Parker 

Nays: None 

Absent: Councilman Weller 

Motion Carried Unanimously 

Councilman Weller returned to the meeting at 7:53 p.m. 

8. Council Comment 

None.

9. Approval of Warrant 

Councilman Barbier moved and Councilwoman Bray—Parker seconded that Warrant No. 887 in the amount of $1,502,814.39, be approved. 

Roll Call Vote: 

Ayes: Councilman Barbier 

Councilwoman Bray-Parker 

Councilman Brown 

Mayor Suess 

Councilman Clousing 

Councilwoman Robbins 

Councilman Weller 

Nays: None 

Absent: None 

Motion Carried Unanimously 

10. Closed Session 

Councilwoman Robbins moved and Councilman Clousing seconded a motion to go into Closed Session for the purpose to discuss Personnel Matters 5 ILCS 120/2(c)(1) at 7:55 p.m. 

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 

The City Council returned to the open portion of their meeting at 8:40 p.m. 

11. Adjournment 

Councilwoman Robbins moved and Councilman Brown seconded that the regular Wheaton City Council Meeting be adjourned at 8:41 p.m. 

Voice Vote: 

Ayes: Councilwoman Robbins 

Councilman Weller 

Councilman Barbier 

Councilwoman Bray—Parker

Councilman Brown 

Mayor Suess 

Councilman Clousing 

Nays: None 

Absent: None 

Motion Carried Unanimously 

https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_01062025-2719