City Council Planning Sessions

Monday, September 26, 2022 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 Fitch Councilwoman Robbins Councilman Weller Absent: None City Staff Present: Michael Dzugan, City Manager John Duguay, Assistant City Manager James Kozik, Director of Planning & Economic Development Susan Bishel, Public Information Officer Brandon Kowalke, Senior Management Analyst 2. Public Comment Ronald Almiron, 455 W. Front St., expressed that he disagrees with City staff’s legal services proposal. He suggested the City use one outside law firm exclusively and that the City create a Request for Proposals for legal services, with the City Council interviewing and selecting a legal firm to represent the City. Tom Dymit, 1303 Underwood Terrace, discussed changes he would like to see made to the proposed lighting restrictions that City staff is recommending, including not removing the exception of coach lights and other types of lighting. He stated he would like for the City to regulate all lighting. He also suggested the City change the maximum light spread from 0.1 footcandles to 0.05 footcandles. Finally, he suggested the City remove the wording “commercial” from the section regarding residential properties abutting commercial property so that these properties do not get more favorable restrictions than other residential properties. 3. Approval of September 12, 2022 City Council Planning Session Minutes The Council approved the September 12, 2022 City Council Planning Session Minutes. 4. 2022 Redistricting Proposal Senior Management Analyst Kowalke stated he met with the district Council representatives to gather their feedback regarding the draft redistricting proposal. Based on their feedback, a final redistricting proposal was prepared for the Council’s review. Changes include a small portion of the North District between President Street and North Path would move to the East District; some areas that extended from the West District near Liberty Drive into the East District were moved to the West District to make the boundary SEPT. 26, 2022 CITY COUNCIL PLANNING SESSION MINUTES across Naperville road more distinct; changes to square off the areas near Tennyson and 22nd Street between the East and South Districts; and moving an area of Briarcliffe from the East District into the South District. The overall result is a reduction in the maximum deviation between districts from approximately 14% to 4.6%. Approximately 2,956 residents would change districts under this proposal. Council members expressed support for this proposal and thanked Senior Management Analyst Kowalke for his efforts to create a solution that is amenable to all districts and is in line with the goals of redistricting. 5. ZA #22-02/ Text Amendment/ Article 3.4d.1 – Residential Exterior Lighting Restrictions Director of Planning & Economic Development Kozik presented a proposed text amendment to update the City’s residential exterior lighting restrictions to address neighborhood concerns about bright lights/glare, establish enforceable light levels, and cause the least burden on residents. At a previous Council discussion of this amendment the City Council requested additional analysis, which was done with the assistance of lighting expert Ken Walczak to provide the light meter readings and advice on the City’s regulations. Director of Planning & Economic Development Kozik reviewed two reports prepared by Mr. Walczak based on two different instances taking light meter readings in various locations with a variety of lighting types. The second readings were taken due to concerns that Mr. Walczak’s initial lighting level recommendations and shielding requirements would be difficult for many residences to achieve and would be overly burdensome on property owners. City staff is proposing a text amendment that prohibits the spread of exterior lighting beyond the property line that is more than 0.1 footcandles, with exceptions stated for certain types of decorative lights. It also requires new homes to use IDA and/or Dark Sky compliant fixtures. In response to Council questions, Director of Planning & Economic Development Kozik stated there would be several options for property owners whose existing lighting does not comply with this ordinance, including changing to a different light bulb. He stated IDA and Dark Sky compliant fixtures are readily available and are not more costly than other types of fixtures. In response to questions about enforcement, Director of Planning & Economic Development Kozik stated it would be enforced on a complaint basis. He stated part of the plan is also to complete a public information campaign to educate the community about the change and how residents can comply. To respond to a question on the footcandle measurement selected, Director of Planning & Economic Development Kozik stated 0.1 footcandle is the level recommended in the Dark Sky-friendly model ordinance. Council members requested that staff work to reword the sections on exceptions and shading/orientation to make the wording clearer. Council members also discussed whether decorative lighting near the street needed to be addressed in the language. The Council directed City staff to prepare an updated draft for their consideration. 6. Legal Services City Manager Dzugan stated that City Attorney Knippen will be retiring at the end of the year, he suggests the Council discuss how it will proceed with legal services. City Manager Dzugan presented a recommendation that the City enlist a full-time in-house attorney for preparing ordinances and daily legal issues, and contracting out for the prosecution of offenses. He presented examples of how other SEPT. 26, 2022 CITY COUNCIL PLANNING SESSION MINUTES municipalities operate and presented a draft amendment for the Council’s consideration for an in-house legal department. In response to Council questions, City Manager Dzugan stated an in-house attorney could potentially handle some litigation, but it would depend on the qualifications of the applicants. The primary focus would be contracts, ordinances, zoning, risk management, etc. To answer a Council question about administrative assistance for the attorney, City Manager Dzugan stated the part-time administrative assistant position for Human Resources and the City Clerk would become a full-time position to assist the attorney. The Council expressed support for moving forward with bringing legal services in-house. 7. City Council/Staff Comments There were no City Council/staff comments. 8. Adjournment The meeting was adjourned at 8:58 p.m. Respectfully submitted, Susan Bishel