Chicago City Wire

City of Wheaton City Council Planning Sessions met Jan. 22.

Here are the minutes provided by the council:

WHEATON CITY COUNCIL PLANNING SESSION

1. Call to Order 

The Wheaton 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 

Councilwoman Robbins 

Councilman Weller 

Electronically Present: Councilman Clousing 

Absent: None 

City Staff Present: Michael Dzugan, City Manager 

John Duguay, Assistant City Manager 

Dawn Didier, City Attorney 

Princeton J. Youker, Chief of Police 

Susan Bishel, Public Information Officer 

Brandon Kowalke, Senior Management Analyst 

Erik Berg, Management Analyst  

2. Approval of January 8, 2024 Planning Session Minutes 

The City Council approved the January 8, 2024 City Council Planning Session Minutes.  

3. Review of Public Comments on Proposed Stormwater Utility Fee 

Management Analyst Berg provided a review of proposed changes to the structure of how the City calculates stormwater fees. Instead of charging a flat fee plus a fee based on a property’s water usage, City staff is proposing a fee based on the amount of impervious area on a property, factoring in its ratio compared to the average single-family home. This would be calculated based on a tiered intensity of development factor, and this fee would replace the current two charges on property owners’ City utility bill. 

To summarize various aspects of the proposed rate change, Management Analyst Berg reviewed proposed policies, including an estimated fee rate of $4.24 per Equivalent Runoff Unit (ERU) billed monthly, and establishing an appeals process for property owners to contest impervious surface  calculations, billing discrepancies and to correct utility account information. 

Senior Management Analyst Kowalke summarized the City’s public outreach informing the community about the proposed change, including messages sent in all utility bills in August and October, numerous notifications to the public through the City’s communication platforms, hosting two public hearings, and releasing a fee lookup map for residents to see approximately how much  their bill might change. City staff received feedback from approximately 135 individuals regarding the proposed changes.  

City staff analyzed the feedback, which related to how the City classifies impervious surfaces, requests for fee reductions based on certain features of a property, and general feedback. In response to feedback, staff suggested changing the classification of decks to pervious surfaces and removing them from impervious surface area calculations. Staff also recommended allowing property owners with multiple units (such as townhomes) to request a redistribution for common areas to all residents within the development.  

Areas of feedback that staff recommended remain as proposed include the classification of gravel/stone as impervious surfaces; continuing to include impervious surface areas from private roads or public walkways/trails into a parcel’s fee calculation; continuing to classify permeable pavers as impervious areas; and including all parts of a roof as an impervious surface. 

In response to public feedback, City staff recommended not providing fee reductions for rain gardens/rain barrels or detention/retention basins, as they provide minimal impact on the City’s stormwater runoff. City staff also did not recommend reductions in fees for property owners whose properties do not have a connection to stormwater infrastructure, as roadways act to convey stormwater, and staff cannot assess the degree of connection for each property to the City’s systems. City staff did support a request that would allow a property owner to apply for discharge credits that apply to multiple connected parcels on the same application. 

Senior Management Analyst Kowalke reviewed the next steps for the City Council if they elect to  move forward with these changes, which would include matching properties to utility accounts, finalizing fee policies, and a City ordinance, with a target implementation in May or June 2024. 

Council members discussed the proposed fee rate changes and whether there were elements of the calculated area that could be simplified. Some Council members expressed support for the City considering some sort of incentive for property owners to implement sustainable choices, including permeable pavers, rain barrels and native plants. 

In response to a Council question on whether the calculation could be based solely on the proportion of a property that is built on a foundation, driveways and parking lots, City Manager Dzugan stated the fee for commercial properties would likely increase significantly and would decrease for residential properties.  

In response to Council questions on different options that could be explored, Senior Management Analyst Kowalke stated staff considered a tiered system comparable to what some communities use. 

The Council expressed overall support for a change to the fee structure that is a more direct reflection of a property’s impact on the City’s stormwater system, however Council members expressed concern with the complexity of the proposed calculations. The Council directed staff to further explore options with less complexity, potentially using a sample of various properties to  explore the effect of different models on different types of properties. 

4. Bus Regulations 

City Manager Dzugan stated Council members requested a discussion on bus regulations be put on  the agenda for City Council review and discussion. City Manager Dzugan provided a memorandum with background information and, as requested, a draft ordinance for the Council’s consideration. 

Police Chief Youker provided a review of the City’s experience to date, as Wheaton has had 19 buses with individuals seeking asylum arrive at the City’s two Metra train stations as transition points on  their way to the Chicago intake center. To provide information on the experiences and actions of  other municipalities in the greater DuPage County region, Police Chief Youker shared the results of a  survey of 18 nearby municipalities, including Wheaton. 

The survey of police departments in the 18 municipalities showed that 7 communities have received charter buses with a total of approximately 2,400 passengers. Of the 18 communities surveyed, none  have experienced passengers remaining in the community, and there was one issue reported involving an altercation between passengers in which a police department was called. The issue was resolved without action by law enforcement, and the passengers boarded the train. 

Police Chief Youker reviewed the responses from the 18 communities regarding whether they have  current restrictions or ordinances in place. Two of the 18 passed ordinances, and neither of these communities has a train station. In response to whether the 18 communities are planning to  implement an ordinance, several are exploring an ordinance. 

In response to whether communities are monitoring the arrival/departure of buses and their communication with bus companies, the majority are passively monitoring activity, and some are not  monitoring activity. Several communities reported they have had contact with bus drivers as needed. 

Police Chief Youker reviewed legislation related to immigration that the Wheaton Police Department  is required to follow and is in full compliance. This includes the TRUST Act, which generally prohibits  local law enforcement in Illinois from participating in immigration enforcement. Local law enforcement agencies in Illinois cannot give an immigration agent access to individuals in its custody, detain individuals pursuant to a federal administrative warrant, detain individuals pursuant to an immigration detainer request from U.S. Immigration and Customs Enforcement, or share information about individuals in its custody with federal immigration authorities. Most importantly, the TRUST Act states that a law enforcement agency or official cannot stop, arrest, search, detain or continue to detain a person solely based on an individual's citizenship or immigration status. Also applicable is the VOICES Act, which provides procedural protections for immigrants victimized by violent crime or human trafficking who have assisted law enforcement in investigating or prosecuting certain types of  crimes.  

Police Chief Youker reviewed the Wheaton Police Department’s response to the arrival of buses,  which has been to passively monitor the situation, maintain open lines of communication with DuPage County resources, report bus activity to DuPage Office of Homeland Security and Emergency Management to assist Chicago’s Office of Emergency Management with arriving passengers; respond and take appropriate action for any criminal complaints; and comply with all provisions of the TRUST and VOICES Acts.  

In response to a Council question, City Manager Dzugan stated the City doesn’t know why bus companies are choosing certain communities in which to drop off passengers, but Wheaton may be receiving more buses due to the larger size of the train station to accommodate waiting passengers and convenient drop-off lane adjacent to the downtown station. 

In response to Council questions, Police Chief Youker stated it has been their experience that passengers will typically wait on the bus until the train arrives. He stated small number of passengers  have been picked up by ride share services, which were likely arranged by a coordinator on the bus. 

City Manager Dzugan stated the City is monitoring a lawsuit challenging the City of Chicago’s ordinance. Regarding the City of Chicago’s ordinance regulating bus drop-offs, two companies have registered with the City of Chicago and are following the requirements of their ordinance. 

City Attorney Didier summarized the types of ordinances that a few communities have implemented. Some are regulation ordinances, whereas others are prohibition, and most incur penalties per passenger.  

Council members discussed potential issues that could be addressed by adopting an ordinance, including prior notice of bus arrival time to prevent there from being more passengers waiting for a train in inclement weather than the station can hold. 

In response to a Council question, Police Chief Youker stated he anticipates it would be difficult to recapture enforcement fines if there are violations. 

City Manager Dzugan stated the draft ordinance as presented would not require approval for buses to drop off passengers who are headed to another destination; it would only apply if the final destination of the passengers is Wheaton. In this case, the City would require the bus company to complete an application before arriving that details the provisions for the housing and care of the individuals arriving in Wheaton. The penalty would be $1,000 per passenger plus housing costs. 

In response to a Council question on whether the ordinances in other communities are influencing the bus companies, City Manager Dzugan stated the ordinances do appear to be causing bus companies to choose other communities to transfer passengers; however, the ordinance could have  an unintended consequence of encouraging bus companies to register in Wheaton and bring all passengers here. At this point, no other municipalities on the Union Pacific-West train line have  adopted an ordinance, with the exception of Elburn. 

Council members discussed the goal of ensuring passengers reach the intake station in Chicago, where there are resources to assist individuals seeking asylum. The City of Chicago currently has the only intake center in Illinois.  

Some Council members expressed the opinion that this is a federal issue, and the City’s best course of action is to wait for state and federal entities to come up with a solution. However, the City could respond if local safety issues arise.  

Other Council members expressed the opinion that the City should put forth an ordinance to provide structure and provide comfort for residents who have safety concerns. 

In response to Council questions on whether the Mayor could issue an executive order in response to this issue, City Attorney Didier stated the Mayor can issue an executive order in an emergency, defined generally as in the case of riots or unlawful activity; a manmade disaster; or attacks on the City’s technology systems. She stated she does not believe this issue meets any of these requirements, so the Council would need to approve an ordinance. 

Police Chief Youker answered a Council question about what circumstances would cause him to recommend action. He stated if the City began receiving passengers whose final destination was Wheaton and there were not resources available for them, he would recommend action. City  Manager Dzugan stated the first action the City would take in this instance would be to contact  DuPage County, as they have emergency resources available. Police Chief Youker stated DuPage County has crisis sheltering available for 3 days and assistance to transfer individuals to another destination.  

In response to a Council question on amount of notice bus companies would need to provide if they were bringing passengers to stay in Wheaton, City Attorney Didier stated the proposed ordinance requires 10 days notice, and the City would be required to respond in 8 days. 

Some Council members expressed a desire not to enact an ordinance, citing the opinion that doing so would send a message that Wheaton does not want passengers to come here. Other Council members cited the Wheaton Police Department’s successful current approach of passively monitoring this situation, and that the City has not experienced issues. 

Other Council members expressed a desire to put an ordinance on the February 5 agenda for the Council’s action. A majority of the Council supported calling a special Planning Session for January 29 to continue discussing this agenda item and prepare an ordinance for the February 5 City Council  meeting.  

5. Public Comment 

Erica Nelson, 1734 Kay, stated the information presented by the City Manager and Police Chief was  well presented, and she expressed support for the City continuing to work with regional partners. She questioned the purpose of an ordinance not supported by evidence of an issue and stated if the  Police Chief notifies the Council that issues are occurring, then the City could consider action. 

Jackie McGrath expressed support for the City’s response so far to the bus arrivals and encouraged  the City not to be reactive. Regarding the stormwater rate change agenda item, she stated it will be important for the City to present the changes in an understandable way. She stated she had previously received assistance from the City when replacing her home’s sewer pipe and it was a positive experience. She encouraged the City to consider other incentive programs that will encourage residents to make sustainable choices.  

6. City Council/Staff Comments 

There were no City Council/staff comments.  

7. Adjournment 

The meeting was adjourned at 9:32 p.m. 

https://www.wheaton.il.us/AgendaCenter/ViewFile/Minutes/_01222024-2466