City Council Planning Sessions

Monday, January 29, 2024 I. 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 Councilman Clousing Councilwoman Robbins Councilman Weller Absent: None City Staff Present: Michael G. Dzugan, City Manager John M. Duguay, Assistant City Manager Dawn Didier, City Attorney Princeton J. Youker, Chief of Police Susan Bishel, Public Information Officer Halie Cardinal, Public Relations Coordinator II. Bus Regulations Continued Discussion City Manager Dzugan stated that at the January 22, 2024, Planning Session, the Council discussed bus regulations related to large groups being dropped off at train stations. At that meeting, City staff presented a description of current drop-off experiences at train stations. Additionally, staff presented regulatory considerations including the federal lawsuit Wynne Transportation vs. Chicago, which is related to the City of Chicago’s bus drop-off ordinance; the Governor’s disaster proclamation; and Illinois law regarding local enforcement of immigration laws. In response to requests from some Council members, City staff presented a draft ordinance for their consideration. City Manager Dzugan summarized the draft ordinance, which would require a license for a bus company dropping off 10 or more passengers where their final destination point is the City of Wheaton. The license application would require applicants to include a detailed plan for how the passengers are to be cared for after being dropped off in the City of Wheaton. However, a license would not be required if the bus companies are using Wheaton train stations as transportation transition points to load bus passengers onto a Metra train with the final destination elsewhere. City Manager Dzugan highlighted key components of the “Whereas” section of the proposed ordinance that establish legislative intent: that unannounced one-way routing without prearranged provisions creates a threat to the public health, safety, and welfare; and the City of Wheaton does not have necessary prearranged services to support large groups of passengers that have been dropped off here. Monday, January 29, 2024, CITY COUNCIL PLANNING SESSION MINUTES City Manager Dzugan outlined the definitions section of the proposed ordinance, which generally defines a “bus drop-off” as 10 or more passengers who are dropped off anywhere in the City of Wheaton with the City being the final destination point, and passengers will not re-board the bus, immediately board a train or use other means to transfer to a destination that already has provisions for care in place. He stated that bus operations that would not require a license include school service, arriving for special events in the City, tours, shuttle service transporting to and from, and using Metra stations as transfer points. In terms of the application process, the proposed ordinance would require the owner, operator, or driver to file an application for a bus drop-off with the City Manager. The application would seek information on the applicant; the date, time, and location of the drop-off; and a plan identifying how passengers would be cared for. The City Manager would review the application for completeness. If approval is denied, the applicant could appeal to the Wheaton Local Adjudication Hearing Officer. City Manager Dzugan reviewed penalties under the proposed ordinance for dropping off passengers without an approved application, which would include a $1,000 fine per passenger and reimbursement of any costs incurred by the City in providing care. Regarding relevant pending litigation, City Manager Dzugan stated the Wynne Transportation vs. the City of Chicago lawsuit is anticipated to receive an answer in early February, and the City drafted the ordinance with specific allegations made by this complaint in mind. Other information City Manager Dzugan reviewed included an update on when the last bus drop-off in Wheaton occurred, which was on Jan. 19, 2024; the train station occupancy load for the Downtown Station (219) and the College Avenue Station (88); and information on the processing of individuals who have been transported from other states. According to the information staff have obtained, individuals that are being dropped off en route to the Chicago landing zone have first been screened by U.S. Customs and Border Protection, and passengers meet the current administration’s requirements to travel between states. In response to Council questions, City Manager Dzugan stated that if the ordinance were approved, staff would provide notice to the bus companies that have dropped off passengers in Wheaton via sending them the ordinance. City Attorney Didier stated that an application is to be submitted at least 10 days prior to the proposed arrival date. She noted that should the City move forward with the ordinance, there may be an increased potential for litigation. In response to Council questions, City Manager Dzugan stated that the City is limited in its ability to enforce the ordinance. City Attorney Didier stated that the only way to enforce the ordinance is through issuance of an ordinance violation ticket against the bus the owner, operator, or driver. She stated that collecting these violations would prove to be difficult, with the biggest challenge related to the Interstate Commerce Clause. The Council discussed the actions it can take to address bus drop-offs, which include proceeding with a resolution, executive order, or ordinance. Council members expressed concern for passengers’ health and safety as it relates to those being dropped off without provisions for care in place. Some Council members expressed support for passing the proposed ordinance as a means to address risk management in relation to safety for both residents and passengers. Other Council members did not support passing the ordinance, citing difficulty in enforcement, staff’s success effectively managing drop-offs to this point, and the risk of litigation against the City.  Monday, January 29, 2024, CITY COUNCIL PLANNING SESSION MINUTES Council members discussed moving forward with a resolution, which expresses the Council’s position on the matter as opposed to an ordinance, which enacts enforceable rules and regulations. Council members discussed incorporating language from the Whereas section of the draft ordinance into a resolution, as it captured the goal of ensuring large groups of passengers are not dropped off in the City with no provisions for their care. The majority of the Council expressed interest in pursuing a resolution and directed City staff to draft a resolution for their formal consideration. III. Public Comment Steve Bense, 825 Parkside Drive, expressed support for the simplification of assessing impervious areas as it relates to the Stormwater Utility Fee. He thanked the City staff that visited his residence on Nov. 14, 2023, to further discuss his concerns. He expressed that permeable pavers should not be considered impervious surfaces, and that soffits should be excluded from a residence’s square footage. Erica Nelson, 1734 Kay Road, complimented the Communications Department for the State of the City video, which highlighted the City’s accomplished work and future projects. She thanked the Council for their discussion during tonight's meeting and their ability to make a decision in the best interests of all people. IV. City Council/Staff Comments Councilman Barbier thanked his fellow Council members for their communication during tonight’s meeting, and he thanked Mayor Suess for his efforts. He encouraged the community to attend the Winter Wine & Cheese Walk and Ice-A-Palooza both on Saturday, Feb. 3. Mayor Suess thanked the Council and staff members for their work regarding the meeting’s topic. V. Adjournment The meeting was adjourned at 8:15 p.m. Respectfully submitted, Halie Cardinal