City Council Meetings

WHEATON CITY COUNCIL SPECIAL MEETING MINUTES MAYOR PHILIP J. SUESS COUNCILMAN MICHAEL BARBIER I 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 60187 Monday, March 10, 2025 Call to Order and Roll Call The Wheaten City Council Planning Session was called to order at 7:00 p.m. by Mayor Suess. The following were: Physically Present: Mayor Suess Councilman Barbier Councilwoman Bray—Parker Councilman Brown Councilman Clousing Councilwoman Robbins Councilman Weller Absent: None City Staff Present: Michael G. Dzugan, City Manager Dawn Didier, City Attorney James Kozik, Director of Planning & Economic Development Halie Cardinal, Public Relations Coordinator Public Comment Radical Hospitality Ministries (RHM) Founder Katrina Baugh, 530 E. Indiana St., thanked the community for engaging in discussions about RHM’s license application. She read a letter from a Wheaton resident who credited transitional housing for his successful reintegration into society post-incarceration and expressed support for the Council reconsidering RHM’s application denial. Ms. Baugh emphasized RHM’s mission to support individuals returning to Wheaton from incarceration. Michelle Kelley, ON421 Papworth St., stated that meeting formerly incarcerated individuals had been a learning experience and voiced her support for approving RHM's application, emphasizing the value of their programs in helping individuals reintegrate into the community. Penny Eilers, 623 E. Indiana St., spoke on behalf of several neighbors, requesting the City Council deny the RHM appeal based on RHM’s violations of the City's Fire Safety Codes or Zoning Ordinance 2410.8, unsafe conditions, and housing an RHM client at the property from January 2023 to August 2024. Steven Lunn, 616 E. lndiana St., expressed concerns about RHM's lease terms and conditions, as well as RHM's operation of a Group Care Home without a license, and he expressed support for the denial of the appeal. Linda Hayward, homeowner of 530 E. lndiana St., spoke in support of RHM co-founders Katrina and James Baugh, who live in her home. Ms. Hayward also approved their request for Patrick Manning, a Monday, March 10, 2025, CITY COUNCIL SPECIAL MEETING MINUTES formerly incarcerated individual, to reside there. Ms. Hayward stated the Baughs provided Mr. Manning with transportation for off-site appointments and that no one else has moved in since his departure. She expressed support for RHM obtaining a Group Care Home License. City Attorney Didier reminded the Council that most of Ms. Hayward’s statements at this meeting were not included in the actual record on appeal. Kelly Wilson, 520 E. lllinois St., expressed support for issuing RHM a Group Care Home License, emphasizing the importance of providing housing and resources to formerly incarcerated individuals as this fosters stability, safety, and stronger community bonds. Nancy Roberts, 201 N. President St. Unit 2A, highlighted her positive experience with Ms. Baugh, citing her work with the Pretrial Fairness Act and ongoing dedication to incarcerated individuals. She expressed support for approving RHM's appeal. Norm Ewert, 401 N. Scott St., expressed support for James and Katrina Baugh, citing their dedication to helping marginalized individuals. Mr. Ewert highlighted the positive impact of two nearby Group Care Homes and his experience working with Ms. Baugh on a nonprofit board as reasons for the City Council to approve RHM's appeal. Melanie Meier, 805 E. Indiana St., expressed concerns about issues with the nearby Koinonia House and RHM's lack of clear procedures and criteria for accepting clients. Ms. Meier stated she believes this poses a safety risk and requested that RHM's appeal be denied. Paul Smith, 717 E. Evergreen St., spoke in support of the character of the Baughs but expressed concern for the organization and its location, which he stated are not well-suited for providing services. Mr. Smith highlighted RHM's failure to follow proper procedures and encouraged the City Council to deny the appeal. Dan Bailey, 302 S. Prospect St., expressed support for RHM’s appeal, citing the importance of aiding reintegration for those released from incarceration and highlighted the positive community impact of organizations like the People's Resource Center and DuPage Community Clinic. Larry Pitts, 426 S. West St., expressed support for RHM’s mission to help formerly incarcerated individuals reintegrate into the community, despite challenges in their application process, and offered to assist RHM. Karen Edwards, 616 E. Evergreen St., expressed support for RHM’s appeal, noting the Baughs’ responsible character, dedication to helping others, and commitment to ensuring the safety ofthe neighborhood. Jeff Adamczyk, 408 E. Indiana St., requested the City Council deny RHM's appeal, citing issues with the organization's preparedness, ability to operate effectively, and violations of City Code. He expressed safety concerns with operating a business like this. Miguel Molina—Ventura, 1839 E. Evergreen St., expressed support for the appeal, citing his challenges after conviction and emphasized the value of support programs like RHM, which provide resources and services that contributed to his success post—conviction. Monday, March lO, 2025, CITY COUNCIL SPECIAL MEETING MINUTES Carlen Sellers, 913 Pershing Ave., expressed support of RHM’s appeal, emphasizing the importance of rehabilitation and second chances for formerly incarcerated individuals. Scott Morgan, S95 Gary Ave., expressed his support for RHM's appeal, sharing his experience as a former parolee who has successfuliy reintegrated into the Wheaton community. Mr. Morgan highlighted how services Iike RHM help formerly incarcerated individuals contribute positively to society. Ruth Julian, resident of Fischer Street, encouraged residents to unite in support of those in need. Ponmalar Veiayutham, 305 E. indiana St., expressed concerns about the Iack of clarity on how RHM would select residential clients and the safety measures in place for children, especially considering the proximity of the property to an elementary school. Aaron Raffel, 418 E. indiana St., requested the City Council deny the appeal, stating that the property is in an R-4 Residential Zoning District and that the proposed use is not appropriate for the area. Dayna Adamczyk, 408 E. Indiana St., expressed concerns about the potential impact of bringing violent offenders into the community if RHM's appeal is approved, as well as RHM operating a Group Care Home without a license. Sharon Kreidl, 526 E. Indiana St., expressed opposition to RHM's appeal, citing their proposal to operate mandatory supervised release services directly inside 530 E. lndiana St., which she stated was not disclosed in the initial application and does not adhere to the City’s Zoning Ordinance. New Business Radical Hospitality Ministries’ Appeal of the Group Care Home License Review Committee's Denial of its Application for a Group Care Home License James Baugh, co-founder of Radical Hospitality Ministries (RHM), stated that RHM is a 501(c)3 nonprofit that provides housing and services for individuals impacted by the criminal legal system. He stated after facing challenges securing housing in Wheaton for individuals with criminal records, RHM leased a property at 530 E. lndiana St. from John and Linda Hayward for this purpose. Mr. Baugh stated that on Jan. 17, 2023, RHM client Patrick Manning moved into the property. ”special At the time, he stated the City Code for Group Care Homes applied only to needs individuals," which did not include Mr. Manning, so RHM did not apply for a license. He stated that over the next 18 months, RHM staff transported Mr. Manning off-site for services with no programming occurring at the property. Mr. Baugh stated that in May 2024, RHM determined that it wanted to offer services in the home for clients, and upon meeting with the City, determined the organization needed to apply for a Group Care Home License. On June 5, 2024, RHM applied for a Group Care Home License, which was denied by the City’s Group Care Home License Review Committee for violating Zoning Ordinance 2410.8, failing fire inspections, omitting and misrepresenting information, and operating without a license. Mr. Baugh cited Wheaton City Code Section 26—170 and 26— 177 and stated that the reasons for denial are only valid if the deficiencies cannot be Monday, March 10, 2025, CITY COUNCIL SPECIAL MEETING MINUTES eliminated or mitigated. Mr. Baugh refuted the Committee’s reasons for denial and asserted that all identified concerns have been addressed or mitigated in good faith, and he stated that no programming occurred at 530 E. Indiana St. Mr. Baugh urged the City Council to approve RHM’S appeal. City Attorney Didier stated the issue at hand is whether RHM violated the City Code by operating a Group Care Home without a Iicense. She stated that evidence in the record demonstrates they were doing so, which justified the denial. City Attorney Didier broke down the definition of a Group Care Home and highlighted information and documents contained in the record on appeal which proved each section of the definition, including that the house at 530 E. Indiana was being a residential facility, which was maintained as a single housekeeping unit (shared living area and kitchen), and being occupied by unrelated individuals (the Baughs, the Haywards and Patrick Manning), with professional staff (the Baughs as they held themselves out to be) providing rehabilitative programming (as described in the various documents in the record). She refuted RHM'S claim of only providing housing to Mr. Manning, citing evidence from RHM’s application, handbook, and tax filings that showed proof of providing programming and services to Patrick Manning, not only housing. City Attorney Didier concluded that the City Council should affirm the decision of the Group Care Home License Review Committee denying RHM’s appeal. in rebuttal, Mr. Baugh clarified that RHM has never denied offering services in the City but disputes that these services or programs were provided at 530 E. Indiana St. Mr. Baugh stated that RHM staff transported clients off—site to receive services and programming. He stated RHM’s claim is evidenced by an affidavit from Mr. Manning who stated that he was transported off—site for services, and that the homeowner previously stated directly to the Group Care Home License Review Committee that no conversations, meetings or programming ever took place at the property. Mr. Baugh argued that for these reasons, RHM was not operating a Group Care Home without a license, and that the City Council should therefore approve the appeal. In response to questions from Mayor Suess, Mr. Baugh stated that the only interactions between RHM staff and Mr. Manning inside 530 E. Indiana St. were akin to conversations between unrelated adult roommates sharing a residence. Ms. Baugh stated that RHM facilitates services by transporting individuals off—site to programming and community resources. Mr. Baugh stated that RHM’s program is not operated to persons residing at the residential facility, 530 E. Indiana St. Mr. Baugh stated that RHM provides monthly food assistance and funding for cell phone plans, medical costs, and other support services for all clients, regardless of where they live. Mr. Baugh stated that Mr. Manning received some of these services. In response to a question from Councilman Barbier, Mr. Baugh stated that the City’s Group Care Home Codes only applied to facilities offering programming to special needs individuals at the time of RHM’s launch in January 2023. Since they did not believe their client Mr. Manning qualified as such, they did not consider the Code relevant to their situation, and they did not reach out to City staff for clarification. In response to a question from Mayor Suess, Mr. Baugh stated that a 2023 grant application to DuPage County indicates that RHM does not provide services on-site at 530 E. Indiana St. He Monday, March 10, 2025, CITY COUNCIL SPECIAL MEETING MINUTES confirmed there is no eXpIicit mention in the application documentation or on their website that programming occurs off-site. in response to a question from Councilwoman Bray—Parker, City Attorney Didier explained that the Group Care Home Ordinance was revised in February 2023. She noted that the changes inciuded removing zoning restrictions on where Group Care Homes couid be located to ensure compiiance with the Fair Housing Act. in response to a question from Mayor Suess, City Attorney Didier stated that before the February 2023 revision, the Group Care Home Ordinance defined a Group Care Home as one providing services for individuais with special needs. She added that City Code provided a definition for speciai needs individuals. Councilwoman Bray—Parker stated that a reasonable person would have interpreted the "special definition of needs individual” as not applying to RHM's situation at the time they launched in January 2023. City Attorney Didier noted that the revised Group Care Home Code had been in place for over a year before RHM applied fortheir license. Councilman Weller stated that he appreciated everyone's decorum. He stated that the Group Care Home application was denied because RHM had been operating without a license. Based on the findings, Councilman Weller expressed support for upholding the Committee’s decision to deny the application. Councilwoman Robbins expressed support for the recommendation to deny RHM's appeal for a Group Care Home License. Councilman Clousing stated that he appreciated everyone's commitment to Wheaton and the neighborhood. He expressed support for RHM's cause but spoke in support for the Group Care Home License Review Committee’s recommendation to deny the license, particularly due to the issue of operating without a license. Councilman Barbier stated that while he recognized the value of Group Care Homes, the issue at hand was RHM operating without a license, which violated City Code. After reviewing the provided documents, he expressed support for the Group Care Home License Review Committee’s decision to deny RHM’s license application. Councilwoman Bray—Parker stated that while she supported the program's intent and recognized the need for such services, she expressed support for the Group Care Home License Review Committee’s recommendation to deny the license due to RHM not properly adhering to the application process and necessary requirements. Councilman Brown expressed support for the Group Care Home License Review Committee’s decision to deny the license. He emphasized the importance of following the proper process and licensing requirements. Mayor Suess stated that RHM was operating without a license, citing evidence from their Monday, March 10, 2025, CITY COUNCIL SPECIAL MEETING MINUTES website and tax documents, which referenced the programs offered. He expressed support for the Group Care Home License Review Committee’s decision to deny the license. Councilman Barbier moved and Counciiman Ciousing seconded that the Wheaton City Council affirm the Group Care Home License Review Committee’s denial of Radical Hospitality Ministries’ application for a Group Care Home License based on the findings of fact and reasons set forth in the Committee’s written decision dated Jan. 27, 2025 as well as additional facts from the record highlighted by counsel. 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 IV. Adjournment Councilman Brown moved and Councilwoman Bray—Parker seconded that the Wheaton City Council Special Meeting be adjourned at 9:03 p.m. Voice Vote: Ayes: Councilman Brown Mayor Suess Councilman Clousing Councilwoman Robbins Councilman Weller Councilman Barbier Councilwoman Bray—Parker Nays: None Absent: None Motion Carried Unanimously Respectfully submitted, WM/% Michael G. Dzugan City Manager