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City Council

Regular Meeting

Naperville, IL · January 5, 2021

AgendaMinutes

Minutes

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Minutes City Council Tuesday, January 5, 2021 7:00 PM On Zoom - Open agenda to see cable, phone & streaming options On Friday, June 12, 2020, an amendment to the Open Meetings Act was signed into law. This new law replaces the gubernatorial executive order concerning the Open Meetings Act and allows public bodies to temporarily conduct meetings remotely during a state of emergency, subject to certain requirements, including a determination by the head of the public body that an in-person meeting is not practical or prudent. On Tuesday, June 16, 2020, Mayor Chirico issued an executive order determining that in-person meetings of the City Council and the City’s boards and commissions are not currently practical or prudent due to the COVID-19 pandemic. TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE: • Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-WOW, Ch. 10 - Comcast, Ch. 99 - AT&T) • Watch online at https://naperville.legistar.com • Listen by telephone (audio only) – registration to receive dial-in phone number required by calling the City Clerk’s Office, (630) 305-5300, by 5 p.m. on January 5 TO SUBMIT PUBLIC COMMENT IN THE MEETING: To address the City Council via Zoom and provide public comment, members of the public must register by 5 p.m. on January 5 at: www.naperville.il.us/speakersignup The public may choose to provide public comment in any of the following ways: 1. Submit a written comment to the City in advance of the City Council meeting (by 5 p.m. on January 5) to be read into the public record during the City Council meeting by a member of staff. 2. Submit a one-word statement of “SUPPORT” or “OPPOSITON” regarding a specific agenda item to be read into the public record during the City Council meeting by a member of staff. 3. Address the City Council live during the City Council meeting via spoken audio. Individuals who want to address the Council live must sign up to speak in advance of the City Council meeting (by 5 p.m. on January 5). Once signed up, the individual will receive an email from the City Clerk’s Office after the sign-up time ends with information about how to join the meeting. • Online sign-up closes at 5 p.m. on January 5, at which time no other speakers or comments will be accepted. City of Naperville Page 1 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 PUBLIC ACCOMMODATION: • Any individual who would prefer to listen to the meeting by telephone, to speak during the meeting by telephone, or who may require an accommodation to listen to or participate in the meeting, should contact the City Clerk at (630) 305-5300, by 5 p.m. on January 5. • Questions regarding online sign-up may be directed to the City Clerk’s Office by calling (630) 305-5300. PARTICIPATION GUIDELINES: The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the Naperville Municipal Code. • ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive comments and constructive criticism are encouraged. Speakers must refrain from harassing or directing threats or personal attacks at Council members, staff, other speakers or members of the public. Comments made to intentionally disrupt the meeting may be managed as necessary to maintain appropriate decorum and allow for city business to be accomplished. • SPEAKER TIME LIMITS: Speakers must limit their remarks to no more than three minutes. Petitioners may speak on an agenda item first and have up to 10 minutes and are also granted a five-minute rebuttal once all other speakers have commented. • IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the City Council meeting. Once your name is called you may identify yourself for the public record and then address remarks to the City Council as a whole. Speak clearly and try to limit remarks directly to the matter under discussion. Speakers are called in the order they sign up. A. CALL TO ORDER: Chirico called the meeting to order at 7:00 p.m. B. ROLL CALL: C. CLOSED SESSION - CANCELED OPEN SESSION - 7:00 p.m. D. ROLL CALL: Present: 9- Mayor Steve Chirico Councilwoman Judith Brodhead Councilman Kevin Coyne Councilwoman Patty Gustin Councilman Paul Hinterlong Councilman Patrick Kelly Councilman John Krummen Councilwoman Theresa Sullivan Councilman Benjamin White City of Naperville Page 2 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 Also Present City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; City Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis; Police Chief, Robert Marshall; Director of Finance, Rachel Mayer; Director of Human Resources, James Sheehan; Director of IT, Jacqueline Nguyen; Director of TED, Bill Novack; Deputy Director of TED, Jennifer Louden; Deputy Director of TED, Allison Laff; Director of Public Utilities - Electric, Brian Groth; Director of Public Utilities - Water, Darrell Blenniss, Jr.; Director of Public Works, Dick Dublinski, Communications Manager, Linda LaCloche Daily Herald, Naperville Sun, NCTV-17 E. PLEDGE TO THE FLAG: The pledge was given. F. AWARDS AND RECOGNITIONS: Chirico offered condolences and asked for a moment of silence for the families and friends of Officer Juan Rios and former City Councilman Dave Wentz. G. PUBLIC FORUM: H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE CONSENT AGENDA: A motion was made by Councilwoman Brodhead, seconded by Councilman Hinterlong, to use the Omnibus method to approve the Consent Agenda. The motion carried by the following vote: Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White I. CONSENT AGENDA: Approval of the Consent Agenda A motion was made by Councilwoman Brodhead, seconded by Councilman Hinterlong, to approve the Consent Agenda with the exception of item I7. The motion carried by the following vote: Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White 1. Approve the regular City Council meeting minutes of December 15, 2020 Council approved. 2. Approve the award of Option Year Two to Contract 16-347, Water Meter Testing and Repair, to HBK Water Meter Service, Inc. for an amount not to exceed $118,151.79 City of Naperville Page 3 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 Council approved. 3. Approve the award of Change Order One to Contract 20-076, Northwest Waterworks Booster Pump VFD Installation and South Operations Center Pump VFD Replacement, to Dahme Mechanical Industries, Inc. for an additional 32 days Council approved. 4. Approve the award of Change Order One to Contract 20-072, 2020 Southeast Waterworks Improvements to Dahme Mechanical Industries, Inc. for an additional 89 days Council approved. 5. Approve the award of Change Order #1 of Contract 14-007, Specific Stop Loss Insurance Coverage, to Symetra Life Insurance Company for an amount not to exceed $10,418 and a total award of $616,528 Council approved. 6. Waive the first reading and pass the ordinance amending Section 3-3-11:1 of the Naperville Municipal Code setting the limit of available Class C - Tavern liquor licenses at five (requires six positive votes) Enactment No.: ORD 21-001 Council passed. 7. Pass the ordinance granting a variance to the number of signs permitted on a residential property to allow for a fifth ground sign at 704 Greenwood Circle - PZC #20-1-098 A motion was made by Councilwoman Brodhead, seconded by Councilman Hinterlong, to pass the ordinance granting a variance to the number of signs permitted on a residential property to allow for a fifth ground sign at 704 Greenwood Circle. The motion failed by the following vote: Aye: 1- Sullivan Nay: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, and White 8. Pass the ordinance approving a minor change to Lot 1 in Fairway Park PUD - PZC 20-1-104 Enactment No.: ORD 21-002 Council passed. 9. Pass the ordinance approving the amended final condominium plat of survey for Central Park Place Residential Condominium (110 S. Washington) - PZC 18-1-110 Enactment No.: ORD 21-003 City of Naperville Page 4 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 Council passed. J. PUBLIC HEARINGS: K. OLD BUSINESS: L. ORDINANCES AND RESOLUTIONS: M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE: N. PETITIONS AND COMMUNICATIONS: O. REPORTS AND RECOMMENDATIONS: 1. Receive the staff report for 4th Avenue & Loomis Street - PZC 20-1-075 (Item 1 of 3) Kelly recused himself and left the dais from 7:15 p.m. - 8:05 p.m. SPEAKERS Vince Rosanova (Attorney for Petitioner, Bridge Street Properties) described the proposal of consolidating the properties into one buildable lot, demolishing the existing structures, and redeveloping the property with nine townhomes and four duplex units. Rosanova stated that approval of a conditional use and variances allowing the development to exceed the maximum permitted height and stories, decrease the required minimum lot area, reduce the required rear yard setback along the south property line and reduce the required front yard setback along 4th Avenue is being requested. Marilyn L. Schweitzer spoke against the proposed development. Jayme Koller spoke against the proposed development. Tim Messer (East Central Homeowners Org) spoke against the proposed development. Rosanova rebutted the speakers and discussed height variance, that the property is a corner lot on a collector street, and that neighbors are in support of the project. He discussed density variance and that the development will serve as a buffer to residential to the south and commuters to the north, that it is located on the fringe of a neighborhood next to industrial zoned property, the minimal impact on the school district and traffic, and that an alternative refuse collection plan can be developed. Council discussed the mix of residential in the area and traffic. Laff explained the difference between townhome association and apartment garbage pick up processes. Council discussed having a developer invest in an area near train tracks is positive, stormwater, and the appropriateness of including the height variance. Novack explained that the development will meet all stormwater requirements. City of Naperville Page 5 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to receive the staff report for 4th Avenue & Loomis Street. The motion carried by the following vote: Aye: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Sullivan, and White Recused: 1- Kelly 2. Pass the ordinance approving a Preliminary Plat of Subdivision for 4th Avenue & Loomis Street - PZC 20-1-075 (Item 2 of 3) Enactment No.: ORD 21-004 A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to pass the ordinance approving a Preliminary Plat of Subdivision for 4th Avenue & Loomis Street. The motion carried by the following vote: Aye: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Sullivan, and White Recused: 1- Kelly 3. Pass the ordinance approving a conditional use in the R2 district to permit townhomes and variances to (i) exceed the number of stories and height; (ii) reduce the R2 rear yard setback; (iii) reduce the R2 front yard setback; and (iv) reduce the area requirement for single-family attached dwellings in the R2 district for 4th Avenue & Loomis Street - PZC 20-1-075 (Item 3 of 3) Enactment No.: ORD 21-005 A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to pass the ordinance approving a conditional use in the R2 district to permit townhomes and variances to (i) exceed the number of stories and height; (ii) reduce the R2 rear yard setback; (iii) reduce the R2 front yard setback; and (iv) reduce the area requirement for single-family attached dwellings in the R2 district for 4th Avenue & Loomis Street. The motion carried by the following vote: Aye: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Sullivan, and White Recused: 1- Kelly 4. Provide direction regarding amendments to Title 6 (Zoning Ordinance) pertaining to cannabis facilities other than dispensaries and medical cultivation facilities COMMENTS TO BE READ BY STAFF George Louis Ott I respectfully oppose any new marijuana businesses. Kenn Miller Thank you for this opportunity. My comments will take the form of questions: - What has caused the City Council to reconsider adding cannabis supply chain, since there seemed to be no interest in supply chain elements last summer when retail sales was discussed? - What Naperville value will be enhanced by adding cannabis supply chain? - Will Naperville soon replace the recognition as the best place to raise children, lowest property tax rate, top schools, etc. with the having the biggest marijuana market place in the suburbs? - Is this what this City of Naperville Page 6 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 City Council wants as its legacy? Thank you. Joy L Grainge - Opt In Naperville I support expanding cannabis businesses in Naperville. I want you to vote in support of expanding these businesses Patrice Basso My concern is that there are documented complaints in other parts of the country (I read about California and Colorado) about odors from both cannabis processing organizations and infuser businesses. It is truly unfortunate that the city continues to investigate the expansion of cannabis businesses during the time of COVID. It was only in August that an ordinance was passed to limit such businesses to 3 dispensaries. I believe the city needs to be more transparent about what is going on. Not everyone has time to read through the city council agenda twice a month. Many others are "zoomed out" after working all day and helping children with their schoolwork. Some older people who may be interested in this topic don't have the technology to participate in these meetings. Please keep or change the amendments to allow for maximum public input. Thank you for your time. SPEAKERS Ashley Mathis spoke in favor of allowing ancillary cannabis businesses. Jim Haselhorst spoke in favor of allowing ancillary cannabis businesses. Jennifer Bruzan Taylor spoke against allowing ancillary cannabis businesses. Council discussed the cannabis ordinance, the need to stay competitive, that the state has not yet issued licenses for infusing businesses, and the appropriateness of being on the list when licenses are available. Council further discussed odor and smell, crime data, sales tax, transportation, title transfer rules, conditional use designation, and vehicle storage. DiSanto explained transportation, state licensing, and permitted uses. Council consensus was reached to include the following in an upcoming amendment to Title 6 (Zoning Ordinance) pertaining to cannabis facilities other than dispensaries and medical cultivation facilities: testing, transportation, and infusers (5-4). 5. Provide feedback regarding the residential approach proposed in the Land Use Master Plan update COMMENTS TO BE READ BY STAFF Steve Paul Hello, my name is Steve Paul, live at 375 Sherman Ave Was taking a look at the new Master Plan have few comments How would it be decided the character of the neighborhood hood hopefully the residents in a preset radius as if 2653-foot radius, not land developer, not people that do not live in neighborhood would determine the character of the neighborhood. Most people that buy homes check out area surrounding neighborhood to see what is in area. When you buy in a developed neighborhood that is zoned detached housing low density this is the kind of area you want to live in. Changing the zoning after the fact for a higher density or smaller lots is not a fair idea when you have already City of Naperville Page 7 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 committed to buying or bought a house. You have done the research of the area before you made the decision to buy. If Naperville is in need of affordable housing take some of the undeveloped tracks of land in Naperville and build affordable housing and the buffer areas around it, seen in local paper last week of several areas working its way through zoning, did not see any reference about affordable housing in the article. Why existing zoning should be changed from low density in a neighborhood to high density after residents have invested in neighborhood, take undeveloped property and change that zoning. Why hurt the residents that have built up the neighborhoods. The residents in Naperville bought in their neighborhoods for several reasons, people have moved to Naperville because they like the neighborhoods, most like detached housing if they wanted attached housing they would have bought in attached housing neighborhood. We should not change zoning to make land developers happy and increase their profit margin. Before we change zoning in developed areas, we should consider the zoning in undeveloped tracts of land to meet the numbers across the board for housing after that is done then look at developed neighborhoods for zoning changes Jim Hill On behalf of all of the members of the Senior Task Force, and Naperville’s 17,000 senior citizens, I want to express support for the proposed land use master plan as it is currently written. Seniors make up 12% of the city’s total population, and one of the biggest issues facing seniors in our city is the lack of affordable housing. The proposed plan provides only one residential place type in order to increase opportunities to achieve our desired housing goals. This sends a strong signal to housing developers that Naperville will be more flexible in neighborhoods where only single-family houses are allowed today, and will possibly allow duplexes, triplexes and even quadraplexes to be built. Many cities have taken similar steps to help address shortages of affordable housing. Minneapolis became the first large American city to end single-family zoning citywide. Buildings with up to three units can be built on any residential lot. Leaders hope this will add new units, create density and remedy segregation. New triplexes still have to follow the same height, setback and building requirements of single-family homes and duplexes. Many more cities and states are beginning to take action. Oregon adopted a measure this past summer legalizing duplexes, triplexes, fourplexes, attached townhomes and cottage clusters in cities of more than 10,000 people. California recently adopted legislation that allows triplexes in much of the state. Virginia is considering legislation that would legalize duplex houses on all residential land throughout the state. Single family zoning has a disturbing origin. A hundred and twenty years ago, it was common for cities to have “whites only” zoning policies. When the Supreme Court struck down these policies in 1917, many local governments enacted single family only zoning ordinances. These delivered many of the same results, by a different means. They kept out most black people, and virtually all low-income people. The Supreme Court upheld this practice as legal. Economic segregation took the place of racial segregation. And recent research by Naper Settlement indicates that through much of the first half of the 1900s, Naperville likely was a “sundown town”. People of color would have been allowed to work in town during the day, but aggressively discouraged from living here-both through unwritten practice and restrictive real estate covenants. When the proposed land use plan was presented to the PZC, City of Naperville Page 8 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 many people spoke out against it. They cited traffic concerns. Yet, since traffic comes with population growth, the only real questions are which area gets the traffic, how to better manage it, and how to encourage less driving. Pushing housing farther out from the city center, simply funnels more vehicles onto Route 59 and other rush-hour-nightmares. They cited lower property values. But evidence from around the country disproves that. I came here from Charlotte, a great example of this. The older Charlotte neighborhoods of Dilworth and Myers Park are close to downtown and are extremely sought after. Those neighborhoods are sprinkled with duplexes and small apartment houses, and older single-family homes routinely sell for over a million dollars. They cited neighborhood character, because no one likes change, and density conjures up images of something unpleasant, though it’s not entirely clear what is unpleasant about it. One Naperville resident actually wrote “the thought of having our area re-zoned to mixed residential and what that would bring into the neighborhood is very concerning”. As you ponder what people mean when they say it will damage the character of our neighborhoods, it’s worth remembering that single-family zoning arose a century ago in a clearly racist context. The city recently amended its mission statement to include creating an inclusive community that values diversity. Your support for this proposed plan is a great way to demonstrate your commitment to that mission. James Koller During 2019 and Early 2020, I participated in meetings related to the creation of a Comprehensive Master Plan (CMP) to guide zoning in Naperville. While much good work was done, I feel there are significant issues with the recommendations pertaining to residential zoning. While the CMP itself states that it is not intended to be regulatory, the road map is clear: The Comprehensive Master Plan is not regulatory; it does not alter or amend existing regulations; and it does not indicate a commitment to the described actions and recommendations within the document. Instead, the Plan is a policy guide that outlines recommendations that must be separately considered and acted upon. When city bodies, including the Planning and Zoning Committee and City Council, weigh zoning changes in the future they will certainly look to the CMP. Given the proposed changes at 4th and Ellsworth, Little Friends, Fifth Ave., Nokia, Wagner Farms and elsewhere, it is critically important to understand what is meant by transitional space, and how higher-density forms of housing will integrate with the existing neighborhoods. Taken at the most micro-level, 4th St is a transition from the BNSF tracks to the downtown area. Looking broader, the entirety of the Pilgrim’s Addition and Park Addition neighborhoods are transitional space from the Ogden Ave Corridor to the downtown area. What is the intention of the CMP in this regard? Are single-family homes no longer acceptable to the city from 4th St south to North Ave? Would that view extend to School St? Perhaps that view will extend from the BNSF line all the way to Ogden Ave. from Mill St to Columbia. The possibility that higher-density housing will be allowed to change the character of Naperville’s oldest, and most established neighborhoods is too great to ignore. Naperville surely needs more diverse housing options, from apartments and condos to townhouses and in-law units on existing home sites. This need however, cannot be allowed to dominate to the point of changing the character of the city. I therefore ask the Council to instruct staff to: 1. Remove the residential zoning change request from the Proposed Comprehensive Master City of Naperville Page 9 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 Plan 2. Retain existing classes of residential zoning, to cover single-family, multi-family and high-density housing, with amendments for in-law units, tiny houses, and setbacks as appropriate. 3. Study concepts to turn under-used commercial space along the Ogden Ave and Rt 59 corridors into residential space. These recommendations are consistent with feedback given to City Staff by the PZC and the public at large during this process. Additionally, the Existing Land Use Map included on page four of the CMP contains several questionable categorizations, including: 1.NE corner of 7th & Center appears to be listed as public space, while it is currently single family detached. 2. Cress Creek Country Club and Naperville Country Club are listed as Parks/Open Space though they are clearly not open to the public. Thank you for the opportunity to comment on this important issue. Sincerely, James Koller SPEAKERS Marilyn L Schweitzer spoke in favor of Option 1. Jayme Koller spoke against proposed changes. Tim Messer (East Central Homeowners Org.) spoke against proposed changes. The meeting recessed from 9:05 p.m. - 9:10 p.m. Council discussed the appropriateness of altering the master plan with few properties left, reviewed the workshop on the master plan, definitions, flexibility, previous actions related to Little Friends and 4th & Loomis properties, affordability, and the need to get input from the Planning and Zoning Commission (PZC). Laff discussed a hybrid plan, which allows for greater housing diversity while also providing stronger assurances that the existing character of a neighborhood is maintained, that included the following: maintain the existing low-density, medium-density, and high-density residential future land use designations within existing residential areas, seek to achieve additional housing diversity through the ten key development sites identified in the plan, continue to include recommendations that additional housing options be introduced in commercial areas, continue to include recommendations in the plan to initiate a zoning amendment to accommodate new residential uses, focus efforts to achieve affordability through the creation of an IZO. Krieger said staff will review Council comments and work with the PZC. He clarified that the plan will go to PZC for review and input before coming back to the Council. 6. Option 1: Approve the proposed Affordable Housing Work Plan for priority Action Items 3 and 6, direct staff to begin work on an Inclusionary Zoning Ordinance (IZO), and delay work on Action Items 1 and 2 until after completion of the IZO Option 2: Approve the proposed Affordable Housing Work Plan for priority Action Items 1, 2, 3 and 6 and do not direct staff to begin work on an Inclusionary Zoning Ordinance (IZO) COMMENTS TO BE READ BY STAFF Barbara Stark City of Naperville Page 10 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 After reading the takeaways of the Affordable Housing Workshop, I must say that I am underwhelmed with most of the responses from the City Council. There seems to be a lot of stalling tactics going on. I'm not too sure about Councilman Hinterlong's comment about "wanting affordable housing outside city limits" . There doesn't seem to be much support or interest" and seems to fit the majority of the City Council except for Kelly, Coyne and Kreiger. I think the "next steps" outline by the Dupage Housing Alliance is excellent. I have a few questions and comments: Has a Housing Stock Appraisal been done? Please note that housing units for low-income residents have virtually no impact on surrounding property values. Is there AHPAA (Affordable Housing Planning and Appeals Act) compliance which requires communities to have a MINIMUM affordable housing share of 10%? Has the Council discussed an Affordable Housing Plan (AHP)? The AHP enables member institutions to partner with for-and not-for-profit developers and community organizers. By law, each FHL (Federal Home Loan) must establish an AHP and must contribute 10% of its earnings to its AHP. Amy Friedman - DuPage Unitarian Universalist Church I would like more affordable housing in Naperville. Sameeha Afrulbasha Considering the Affordable Housing Work Plan including the Inclusionary Zoning Ordinance is a large project, how much is projected to be spent on this project and how much will it impact Naperville's total budget including the money that could be further spent on the COVID-19 situation Phil Meno If City Gate West getting through the Planning and Zoning Commission without ANY of the 410 proposed residential units being affordable under state guidelines does not convince this Council that voluntary inclusion of affordability by developers in large developments is a totally unreasonable expectation, I am not sure what will. Staff, and P&Z, need the guidance an Inclusionary Zoning Ordinance would provide to make sure that affordability is "in the room" at the kickoff meeting Staff has with any sizable development coming before it. I encourage the Council to select Option 1 tonight and get the ball rolling on finding an IZO that will work for Naperville and help it proactively address its affordable housing shortage. Jim Hill On behalf of all of the members of the Senior Task Force, and Naperville’s 17,000 senior citizens, I want to express support for Option 1 of this agenda item. These current residents, as well as seniors who want to move here to be close to children and grandchildren, struggle to find housing in Naperville that fits within their budget, is close to shopping, dining and entertainment, and offers single story living. Naperville simply does not have enough housing that is affordable and suitable for seniors. I urge you to vote for Option 1, which includes directing staff to begin work on an Inclusionary Zoning Ordinance. This is an essential component of a comprehensive affordable housing strategy for the city. Dianne McGuire City of Naperville Page 11 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 On December 26th, the Daily Herald published a prominent article regarding new affordable housing in Wheeling, Illinois. What first got my attention were two phrases you seldom see together: "rave reviews" and "affordable housing." The proposal calls for a 53-unit apartment building near Wheeling's Metra station designed by a Wisconsin-based company, General Capital Group. Wheeling trustees especially liked the building design, which the developers compared to "farm-house-style architecture." Rents ranged from $$425 per month for a 1 bedroom to $$1700 for a 3 bedroom. As a former member of the Fair Housing Commission from 2006-2008, it would be awesome if we could finally move forward on this issue. Kristen Tang- DuPage Unitarian Universalist Church My name is Kristen Tang. I am a Naperville resident and member of the Accessibility and Inclusion Ministry at DuPage Unitarian Universalist Church in Naperville. I fully support making Naperville a more welcoming and inclusive community for essential workers, seniors, and people with disabilities. Having enough affordable and accessible housing is key to making this ideal a reality. Whichever recommendations the Council votes to implement tonight, I ask that you do not lose sight of your goal to be in compliance with the State of Illinois Affordable Housing Plan and Appeal Act by having at least 10% of housing be affordable. Please continue to be bold in the actions you take to secure affordable housing for our community. Thank you. Donald A Heller I have read reports of criminal activities within Naperville for the year 2020 in the City's own web site. I note that violent crimes (murder, armed robbery, discharge of firearms within residential buildings) have almost exclusively occurred within or near apartment complexes, and that persons involved reside in Chicago, Maywood, or other locations in inner Cook County. Whether a related incident or not, approximately one month ago at 9:10 pm I heard six shots fired from a heavy caliber weapon. I later learned on your web site that the shots were fired into a residence and vehicle in the townhouse complex adjacent to my neighborhood! I have lived in Naperville for 22 years and I am alarmed about the escalating reports of assaults and gun violence within our own City. I am not opposed to providing economic opportunities for honest hard working people who wish to escape violent impoverished environments; however the Mayor and Council need to be aware of collateral criminal activities presented by acquaintances (girlfriends/boyfriends, "buddies" , etc.) who perceive Naperville as another location for theft or acts of racial anger. I charge the Council to bear in mind their duties to ensure the safety and well-being of their constituents and the fine infrastructure which is financed by our tax money. For these reasons I do not favor any ambitious expansion of IZOs. Thank you. Brian Palm Hello City Council, my name is Brian Palm and I have the pleasure of serving on the Housing Advisory Commission which is now the Human Rights and Fair Housing Commission. I want to applaud the City Council for the change to the commission and I would like to voice my personal support for option 2 on tonight's agenda. My support for option 2 comes from my long experience and expertise in the real estate industry and because Option 2 allows the city to deal with items that would have the quickest and highest positive impact on the city. City of Naperville Page 12 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 While option 1 would delay the items in favor of investing time and taxpayer dollars into looking into inclusionary zoning that may or may not get done down the road. If the city is going to invest time and taxpayer dollars let us invest more into item 6 of the HAC recommendations that would assist those current Naperville residents who need help now over those that may or may not move in at a later time. In addition, if the city feels that it needs more affordable housing Item 1, which is working with developers of affordable housing, will get the same if not a better result than an IZO. Thank you for your service to the community. Yours in service, Brian Palm Gary D. Smith Good evening, my name is Gary D. Smith and I am the Chair of the Naperville Accessible Community Task Force. It was put forward by the Council via a workshop that action items 1, 2, 3 and 6 be the priority items to address. An agenda item on a subsequent Council meeting to vote on proceeding with action items 1,2,3 and 6 was tabled due to time restraints. To my surprise instead of revisiting the original agenda item that was tabled (voting on items 1,2,3 and 6) two new options are being presented to vote on this evening.. Basically the Council is being asked by staff to either vote for Option 2 to keep the original agenda item to proceed with items 1,2,3 and 6 with the added stipulation that Council does not direct staff to proceed with item 8, (the Inclusionary Zoning Ordinance) or to vote for Option 1 which would proceed only with items 1 and 2 but would allow for staff to begin work on the Inclusionary Zoning Ordinance. The Task Force would support option 2 if the language regarding not directing staff to proceed with the Inclusionary Zoning Ordinance was removed. It seems reasonable to remove that language as the city passed a 2021 budget that includes $$25,000 for a consultant to work on the Inclusionary Zoning Ordinance. If that language is not able to be removed then the Task Force supports the adoption of Option 1. In either scenario we also ask that item 6, as we have at previous council meetings, be amended to include people with disabilities as a target group eligible for the revolving rehabilitation loan fund. Thank you for your consideration of these important issues. POSITION STATEMENTS Attached Laff explained that the Chamber of Commercie is assembling a task force, that staff will ensure it is informed as the process moves forward, and that an IZO will define many terms including affordable/attainable. Council discussed an IZO process timeline, that the Chamber of Commerce will participate, that community stakeholders will need to be included, that an IZO will accomplish the goal of addressing affordable housing, that no tangible outcomes have come from previous efforts, and the appropriateness of encouraging affordable housing as a component of development. Council went on to discuss that some municipalities have drafted ordinances that have shut down development, that the stakeholder process will be long and significant, and that staff should be directed to start the process. A motion was made by Councilman Coyne, seconded by Councilman White, to approve the proposed Affordable Housing Work Plan for priority Action Items 3 City of Naperville Page 13 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 and 6, direct staff to begin work on an Inclusionary Zoning Ordinance (IZO), and delay work on Action Items 1 and 2 until after completion of the IZO (Option 1). The motion carried by the following vote: Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White P. NEW BUSINESS: Overnight Parking Hinterlong suggested no longer allowing on-street overnight parking. Chirico stated the executive order allowing overnight parking will be revoked. Former City Councilman Dave Wentz Council offered condolences on his passing. Team Doyle Husley’s 12 Nights of Santa Claus White thanked Matt and Scott Doyle for bringing small parades and "Rudolph the Truck” to different neighborhoods during the holiday season. Delay utility payments Krummen asked for an update on the plan to delay payments for businesses. Krieger said a recommendation will be presented at the next Council meeting that will apply to residents and businesses. Tech Committee Krummen suggested forming a committee to review IT projects and expenditures. Food and Beverage tax Gustin asked that businesses be given relief from paying the Food and Beverage tax. Reimbursement for mailboxes damaged during winter operations Chirico suggested an increase in the reimbursement to residents from $75 to $100 Krieger explained the process for reimbursement and replacement. Dublinski stated that on average 200 mailboxes (<.5%) are replaced each winter season. Council Chambers audio/visual project Gustin asked for an update. LaCloche stated that staff plans to have all components installed and the system tested in March. Q. ADJOURNMENT: A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to adjourn the Regular City Council Meeting of January 5, 2021 at 10:45 City of Naperville Page 14 Printed on 1/25/2021 City Council Meeting Minutes January 5, 2021 p.m. The motion carried by the following vote: Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White /S/ Pam Gallahue Pam Gallahue, PhD City Clerk City of Naperville Page 15 Printed on 1/25/2021

Agenda

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Agenda City Council Tuesday, January 5, 2021 7:00 PM On Zoom - Open agenda to see cable, phone & streaming options On Friday, June 12, 2020, an amendment to the Open Meetings Act was signed into law. This new law replaces the gubernatorial executive order concerning the Open Meetings Act and allows public bodies to temporarily conduct meetings remotely during a state of emergency, subject to certain requirements, including a determination by the head of the public body that an in-person meeting is not practical or prudent. On Tuesday, June 16, 2020, Mayor Chirico issued an executive order determining that in-person meetings of the City Council and the City’s boards and commissions are not currently practical or prudent due to the COVID-19 pandemic. TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE: • Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-WOW, Ch. 10 - Comcast, Ch. 99 - AT&T) • Watch online at https://naperville.legistar.com • Listen by telephone (audio only) – registration to receive dial-in phone number required by calling the City Clerk’s Office, (630) 305-5300, by 5 p.m. on January 5 TO SUBMIT PUBLIC COMMENT IN THE MEETING: To address the City Council via Zoom and provide public comment, members of the public must register by 5 p.m. on January 5 at: www.naperville.il.us/speakersignup The public may choose to provide public comment in any of the following ways: 1. Submit a written comment to the City in advance of the City Council meeting (by 5 p.m. on January 5) to be read into the public record during the City Council meeting by a member of staff. 2. Submit a one-word statement of “SUPPORT” or “OPPOSITON” regarding a specific agenda item to be read into the public record during the City Council meeting by a member of staff. 3. Address the City Council live during the City Council meeting via spoken audio. Individuals who want to address the Council live must sign up to speak in advance of the City Council meeting (by 5 p.m. on January 5). Once signed up, the individual will receive an email from the City Clerk’s Office after the sign-up time ends with information about how to join the meeting. • Online sign-up closes at 5 p.m. on January 5, at which time no other speakers or comments will be accepted. City of Naperville Page 1 Printed on 12/30/2020 City Council Meeting Agenda January 5, 2021 PUBLIC ACCOMMODATION: • Any individual who would prefer to listen to the meeting by telephone, to speak during the meeting by telephone, or who may require an accommodation to listen to or participate in the meeting, should contact the City Clerk at (630) 305-5300, by 5 p.m. on January 5. • Questions regarding online sign-up may be directed to the City Clerk’s Office by calling (630) 305-5300. PARTICIPATION GUIDELINES: The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the Naperville Municipal Code. • ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive comments and constructive criticism are encouraged. Speakers must refrain from harassing or directing threats or personal attacks at Council members, staff, other speakers or members of the public. Comments made to intentionally disrupt the meeting may be managed as necessary to maintain appropriate decorum and allow for city business to be accomplished. • SPEAKER TIME LIMITS: Speakers must limit their remarks to no more than three minutes. Petitioners may speak on an agenda item first and have up to 10 minutes and are also granted a five-minute rebuttal once all other speakers have commented. • IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the City Council meeting. Once your name is called you may identify yourself for the public record and then address remarks to the City Council as a whole. Speak clearly and try to limit remarks directly to the matter under discussion. Speakers are called in the order they sign up. A. CALL TO ORDER: B. ROLL CALL: C. CLOSED SESSION - CANCELED OPEN SESSION - 7:00 p.m. D. ROLL CALL: E. PLEDGE TO THE FLAG: F. AWARDS AND RECOGNITIONS: G. PUBLIC FORUM: City of Naperville Page 2 Printed on 12/30/2020 City Council Meeting Agenda January 5, 2021 H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE CONSENT AGENDA: I. CONSENT AGENDA: 1. 21-0016 Approve the regular City Council meeting minutes of December 15, 2020 2. 20-1511 Approve the award of Option Year Two to Contract 16-347, Water Meter Testing and Repair, to HBK Water Meter Service, Inc. for an amount not to exceed $118,151.79 3. 20-1513 Approve the award of Change Order One to Contract 20-076, Northwest Waterworks Booster Pump VFD Installation and South Operations Center Pump VFD Replacement, to Dahme Mechanical Industries, Inc. for an additional 32 days 4. 20-1515 Approve the award of Change Order One to Contract 20-072, 2020 Southeast Waterworks Improvements to Dahme Mechanical Industries, Inc. for an additional 89 days 5. 21-0014 Approve the award of Change Order #1 of Contract 14-007, Specific Stop Loss Insurance Coverage, to Symetra Life Insurance Company for an amount not to exceed $10,418 and a total award of $616,528 6. 21-0006 Waive the first reading and pass the ordinance amending Section 3-3-11:1 of the Naperville Municipal Code setting the limit of available Class C - Tavern liquor licenses at five (requires six positive votes) 7. 20-1414B Pass the ordinance granting a variance to the number of signs permitted on a residential property to allow for a fifth ground sign at 704 Greenwood Circle - PZC #20-1-098 8. 21-0007 Pass the ordinance approving a minor change to Lot 1 in Fairway Park PUD - PZC 20-1-104 9. 21-0015 Pass the ordinance approving the amended final condominium plat of survey for Central Park Place Residential Condominium (110 S. Washington) - PZC 18-1-110 J. PUBLIC HEARINGS: K. OLD BUSINESS: L. ORDINANCES AND RESOLUTIONS: M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE: City of Naperville Page 3 Printed on 12/30/2020 City Council Meeting Agenda January 5, 2021 N. PETITIONS AND COMMUNICATIONS: O. REPORTS AND RECOMMENDATIONS: 1. 20-1246B Receive the staff report for 4th Avenue & Loomis Street - PZC 20-1-075 (Item 1 of 3) 2. 20-1508 Pass the ordinance approving a Preliminary Plat of Subdivision for 4th Avenue & Loomis Street - PZC 20-1-075 (Item 2 of 3) 3. 20-1253B Pass the ordinance approving a conditional use in the R2 district to permit townhomes and variances to (i) exceed the number of stories and height; (ii) reduce the R2 rear yard setback; (iii) reduce the R2 front yard setback; and (iv) reduce the area requirement for single-family attached dwellings in the R2 district for 4th Avenue & Loomis Street - PZC 20-1-075 (Item 3 of 3) 4. 20-1405B Provide direction regarding amendments to Title 6 (Zoning Ordinance) pertaining to cannabis facilities other than dispensaries and medical cultivation facilities 5. 20-1391B Provide feedback regarding the residential approach proposed in the Land Use Master Plan update 6. 20-1406B Option 1: Approve the proposed Affordable Housing Work Plan for priority Action Items 3 and 6, direct staff to begin work on an Inclusionary Zoning Ordinance (IZO), and delay work on Action Items 1 and 2 until after completion of the IZO Option 2: Approve the proposed Affordable Housing Work Plan for priority Action Items 1, 2, 3 and 6 and do not direct staff to begin work on an Inclusionary Zoning Ordinance (IZO) P. NEW BUSINESS: Q. ADJOURNMENT: Any individual with a disability requesting a reasonable accommodation in order to participate in a public meeting should contact the Communications Department at least 48 hours in advance of the scheduled meeting. The Communications Department can be reached in person at 400 S. Eagle Street, Naperville, IL., via telephone at 630-420-6707 or 630-305-5205 (TDD) or via e-mail at info@naperville.il.us. Every effort will be made to allow for meeting participation. City of Naperville Page 4 Printed on 12/30/2020