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City Council

Regular Meeting

Naperville, IL · November 19, 2024

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Minutes

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Minutes - Final City Council Tuesday, November 19, 2024 7:00 PM Council Chambers Agenda Introductory Language TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE: • Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-Astound, Ch. 10 - Comcast, Ch. 99 – AT&T U-verse) • Watch online at https://naperville.legistar.com TO PROVIDE PUBLIC COMMENT: The public may choose to provide public comment in any of the following ways: 1. Address the City Council live during the City Council meeting in-person in City Council Chambers. Individuals wishing to address the City Council during the meeting must sign up online at www.naperville.il.us/speakersignup by 6:30 p.m. on November 19. 2. Individuals can also have their name added to the speaker list by calling the Community Services Department at (630) 305-5300 by 6:30 p.m. on November 19. 3. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on November 19. Written comments will be compiled and posted with the electronic meeting agenda on the City’s website prior to the start of the meeting. The cumulative number of comments will be announced during the City Council meeting. 4. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda item by 4 p.m. on November 19. The names of participants who submitted position statements will be compiled and posted with the electronic meeting agenda on the City’s website prior to the start of the meeting. The cumulative number of position statements will be announced during the City Council meeting. There will be no on-site speaker sign up permitted. City of Naperville Page 1 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 PUBLIC ACCOMMODATION: Any individual who may require an accommodation to listen to or participate in the meeting should contact the Community Services Department at (630) 305-5300 by 4 p.m. on November 19. Questions regarding online sign-up may be directed to the Community Services Department 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: Present: 9- Mayor Scott Wehrli Councilwoman Jennifer Bruzan Taylor Councilman Ian Holzhauer Councilman Patrick Kelly Councilman Paul Leong Councilwoman Allison Longenbaugh Councilman Josh McBroom Councilman Benjamin White Councilman Nathan Wilson C. CLOSED SESSION - 5:30 p.m. A motion was made by Councilman White, seconded by Councilman Kelly, to recess to Closed Session to discuss [5 ILCS 120/2(c)(21)] Approval of Minutes and [5 ILCS 120/2(c)(2)] Collective Bargaining. The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson OPEN SESSION - 7:00 p.m. City of Naperville Page 2 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 D. ROLL CALL: Present: 8- Mayor Scott Wehrli Councilwoman Jennifer Bruzan Taylor Councilman Ian Holzhauer Councilman Patrick Kelly Councilwoman Allison Longenbaugh Councilman Josh McBroom Councilman Benjamin White Councilman Nathan Wilson Absent: 1- Councilman Paul Leong Also Present City Manager, Doug Krieger; Deputy City Manager, Pam Gallahue; City Attorney, Mike DiSanto; City Clerk, Dawn Portner; Assistant to the City Manager, Marcie Schatz; Fire Chief Mark Puknaitis; Police Chief, Jason Arres; Deputy Director of Finance, Brent Strumpf; Director of IT, Jacqueline Nguyen; Director of TED, Bill Novack; Deputy Director of TED, Allison Laff; Director of Public Works, Dick Dublinski; Director of Public Utilities - Electric, Brian Groth; Director of Public Utilities - Water, Darrell Blenniss; Director of Community Services, Melanie Marcordes; Director of Human Resources, Blaine Wing. Daily Herald, Naperville Sun, NCTV-17 Councilman Leong entered the meeting at 7:38 p.m. E. PLEDGE TO THE FLAG: The pledge was given. F. AWARDS AND RECOGNITIONS: 1. Proclaim October 5 - November 10, 2024 as the SewaDiwali Food Drive Councilman White presented the proclamation. 2. Proclaim November 19, 2024 as Naperville Special Olympics Day Councilwoman Longenbaugh presented the proclamation. 3. Proclaim Saturday, November 30, 2024 as Small Business Saturday Councilman White presented the proclamation. G. PUBLIC FORUM: SPEAKERS Washington Street Bridge project Jeffrey Havel (Naperville) discussed concerns with the Washington Street City of Naperville Page 3 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 Bridge project and the work being done by the contractor in charge. Marilyn Schweitzer (Naperville) expressed concerns about the difficulty of submitting public comments, inadequate referencing of her input, insufficient agenda details for thoughtful commentary, and discussions straying beyond agenda topics. She criticized the City’s claims of streamlined communication, citing a lack of transparency and public discourse, and called for a shift away from discouraging public engagement. Council requested an update on the Washington Street Bridge project. Novack stated IDOT and the City conduct regular checks on the project which include traffic control issues and the deck is scheduled to be poured within the next week depending on the weather. H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE CONSENT AGENDA: A motion was made by Councilman White, seconded by Councilman Kelly, to use the Omnibus method to approve the Consent Agenda. The motion carried by a voice vote. I. CONSENT AGENDA: Approval of the Consent Agenda A motion was made by Councilman White, seconded by Councilman Kelly, to approve the Consent Agenda removing I-14. The motion carried by the following vote: Aye: 8- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Longenbaugh, McBroom, White, and Wilson Absent: 1- Leong 1. Approve the Cash Disbursements for the period of October 1,2024 through October 31,2024 for a total of $47,023,790.11 Council approved. 2. Approve the regular City Council meeting minutes of November 5, 2024 Council approved. 3. Approve the City Council meeting schedule for December 2024 and January, February, 2025 Council approved. 4. Receive the year-to-date budget report through October 31, 2024 Report received. City of Naperville Page 4 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 5. Approve the award of Bid 24-262, Water Distribution Parts, to Water Products Company for an amount not to exceed $411,031.30 and for a 13-month term Council approved. 6. Approve the award of Option Year #1 to Contract 23-196R, Transmission Steel Pole Painting, to Public Utilities Maintenance, Inc. for an amount not to exceed $294,000 Council approved. 7. Approve the award of Option Year #2 to Contract 21-253, Liquid Cationic Emulsion Polymer for Gravity Belt Thickening, to Solenis LLC for an amount not to exceed $78,191.36 Council approved. 8. Approve the award of Option Year #2 to Contract 21-252, Liquid Cationic Emulsion Polymer for Centrifuge Dewatering, to Polydyne, Inc. for an amount not to exceed $186,630.60 Council approved. 9. Approve the award of Change Order #1 to Contract #17-086A, Fire Engine Replacement and Maintenance Agreement, to Fire Service, Inc. for an amount not to exceed $60,000 and a total award of $753,308 Council approved. 10. Approve the award of Change Order #1 to Contract 24-015, 2024 Pavement Patching, to Schroeder Asphalt Services for an amount not to exceed $27,400.49 and a total award of $559,185.49 Council approved. 11. Approve the award of Change Order #1 to Contract 23-302, Phase III Construction Engineering Services - Washington Street Downtown Streetscape Project, to Civiltech Engineering, Inc. for an amount not to exceed $258,585 and a total award of $985,867 and for an additional five months Council approved. 12. Approve the award of Change Order #2 to Contract 22-197, Ford Automotive Parts & Supplies, to Ford Motor Company for an amount not to exceed $85,000, a total award of $490,000, and for an additional 12 months Council approved. 13. Approve the award of Change Order #2 to Contract 23-021.0-02, Northeast Water Works Improvements Phase II, to Dahme Mechanical Industries for an additional 75 days Council approved. City of Naperville Page 5 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 14. Pass the ordinance approving a bypass lane variance for 3320 S. IL Route 59 (Chick-fil-a) - PZC 24-1-077 SPEAKER Sandy Peters (Naperville) discussed concerns how the public will access the restaurant grounds, the number of stops signs in the area and the overall volume of traffic Chick-fil-A will bring to the area where her business is located. Novack stated the north/south entrance to the new Chick-fil-A restaurant off LaCross Lane from Rt. 59 will be closed to provide better stacking on site for the cars that will be accessing this facility. LaCross Lane is a private roadway and the City is open to meeting with the building owners and their association to review the number of stop signs now in use. ORD 24-124 A motion was made by Councilman White, seconded by Councilman Kelly, to pass the ordinance approving a bypass lane variance for 3320 S. IL Route 59 (Chick-fil-A) - PZC 24-1-077. The motion carried by the following vote: Aye: 8- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Longenbaugh, McBroom, White, and Wilson Absent: 1- Leong 15. ​Pass the ordinance amending Title 8 (Public Utilities) Chapter 2 (Municipal Water and Sewer) Article C (Water and Sewer Rates, Connection Charges) and Chapter 3 (Utility Service) of the Naperville Municipal Code ORD 24-122 Council passed. 16. Pass the ordinance amending Title 8 (Public Utilities) Chapter 1 (Electricity) Article C (Electric Service Rates) of the Naperville Municipal Code ORD 24-123 Council passed. 17. Schedule a public hearing for the 2025 Annual Budget to be held at the December 3, 2024, City Council meeting Public hearing was scheduled. J. PUBLIC HEARINGS: K. OLD BUSINESS: L. ORDINANCES AND RESOLUTIONS: 1. Pass the ordinance amending Title 6 (Zoning Ordinance) of the Naperville Municipal Code to add a new Chapter 17 (Affordable Housing Incentive Program) City of Naperville Page 6 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 SPEAKERS Suzanne Thibeaul (Naperville, Families Helping Families) spoke in favor of the Affordable Housing Incentive Program. Trey Phillips (Naperville, DuPage Housing Alliance) spoke in favor of the Affordable Housing Incentive Program. Amanda Zahorak (Itasca, DuPage Habitat for Humanity) spoke in favor of the Affordable Housing Incentive Program. Marilyn Schweitzer (Naperville) spoke in favor of the Affordable Housing Incentive Program. Philip Meno (Naperville, DuPage Housing Alliance) spoke in favor of the Affordable Housing Incentive Program. Council discussed the need and the history of the Affordable Housing Incentive Program (AHIP), how the process has changed over the past several years, affordable units that have been built voluntarily since 2020 and concerns about removal of public review and approval process resulting from by-right incentives. POSITION STATEMENT SUPPORT Kristen Tang (Naperville) Mara Southorn (Naperville) Kelley Trombly Freytag (Naperville) Carolyn E. Drake (Naperville) Joseph Gano (Naperville) Kenneth Kuch (Naperville) Laura Cuber (Naperville) Glenn Tang (Naperville) Joanne Brown (Naperville) Larry Drummond (Naperville) Christopher Murphy (Naperville) Accessible Community Task Force Cel Dvorak (Naperville) Susan Dumfird (Naperville) Sally Burg Meno (Naperville) Families Helping Families Jim Picchetti (Plainfield) Philip Meno (Naperville) DuPage Housing Alliance Paulette Irene Pekala (Naperville) WRITTEN COMMENT ONLY Steven Cushman (Naperville) I oppose this proposed Affordable Housing ordinance as it gives developers variance “by right” which obstructs transparency. I also ask for who is responsible for instructing city staff to draft a proposed ordinance that bypasses valid objections. City of Naperville Page 7 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 Mary Hamill (Naperville) - Naperville Accessible Community Task Force (ACTF) This past July, the Naperville City Council proclaimed July 2024 as Disability Pride Month and this year also marks the 34th anniversary of the Americans with Disabilities Act, a comprehensive civil rights law for persons with disabilities. In the July 1st, 2022, press release marking these events from the U.S. Department of Housing and Urban Development, stated that “quality, accessible, and affordable housing is vital to fulfilling the civil rights of individuals with disabilities.” Tonight, this City Council will vote on whether to amend to the Naperville Municipal Code to add an Affordable Housing Incentive Program (AHIP). The ACTF urges the City Council to support AHIP to increase quality, accessible and affordable housing to persons with disabilities. Larry Drummond (Naperville) Letter to City Council for Meeting 11-19-24 Dear Councilmen and Councilwomen: Having read the AHIP proposal I fully support it for the following reasons: 1. As the SB Friedman study shows, there is clearly a need for more affordable housing in Naperville. 2. I personally see this increasing need in my efforts to assist homeless families as a volunteer with non-profits including Bridge Communities, Habitat for Humanity, and others. 3. A friend of mine is the Director of Outreach and Social Justice at a large Catholic parish in Naperville. She reports that in her role she receives an increasing number of calls from struggling families seeking ideas for housing they can afford. 4. The voluntary approach with by-right stability provided the developer appears reasonable, realistic and inherently pragmatic. 5. This proposal has received thorough review and careful consideration, with appropriate modifications made to address points raised by numerous stakeholders. 6. We are, by all measures and numerous magazine ratings, an extremely desirable and caring community - with resources and enhanced services available for citizens with a variety of unique needs. We are not, however, an affordable community to those with modest incomes. 7. We are nearing the time when a developer, with certain special incentives, will be motivated to construct affordable apartments in our city, and it seems wise and take advantage of this willingness as a welcomed and substantial step in the right direction. I would be happy to address any questions from Council members. Thank you for your consideration. Ron Clewer (Rockford) Dear Council Members, I regret that I cannot be with you this evening; however, I am at AHF Live, the nations’ largest conference for affordable housing finance (AHF) gathering, working to finalize the capital stack for Tower Court Residences. Please allow this to serve as my comments for your consideration on the approval of the AHIP Ordinance. I encourage you to approve it for the following myriad of reasons. Affordable housing is a workforce problem. It not only hurts municipalities when police, fire, and teachers cannot live in the community they support, but also hospital and hospitality workers who cannot live near work because they cannot afford to. A few weeks ago, you heard from Troy and his friends who spoke to you before our Tower Court vote. He too discussed the value of his work and his need to stay in Naperville. It was moving. In that same meeting, I stayed to hear the discussion on AHIP. I believe in that meeting it was stated five affordable housing developments have been recently approved. City of Naperville Page 8 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 I commend you for approving ours and these others, as we all know, five is not enough. The only challenge I see in their passage, is that I believe these five are all stand alone affordable, meaning they serve only affordable needs and do not have market rate units in them. They are in essence then separate from most of the Naperville population who are in unsubsidized market rate units - both for sale and for rent. Having watched it mature, the AHIP ordinance was given a great deal of thought by the leadership and citizens of Naperville to ensure that not only was affordable housing made a priority, but it ensured that affordable housing units were blended with market rate units vs. segregated from market rate housing. As a resident of Rockford, Illinois, I am professionally envious of your leadership to advance this ordinance and wish my own elected officials at home had such concern for all its residents. I am also impressed by the content of the ordinance that recognizes Naperville zoning and land use code add costs to development and that in exchange for an affordable housing commitment in new developments, the city will provide waivers that bring down the cost of construction so that some number of units will be set aside for affordable housing units. I say “some number” intentionally as that is a determination by the developer and city staff and drives those incentives. While market rate developers do not generally like inclusionary zoning because they do not understand the 15-year affordability commitments, affordable housing developers do like the requirement. Further, as a former market rate only developer, we tend to bemoan changes to our modus operandi. If there are concerns about market rate developers and builders leaving the market, please keep in mind they have the option to opt in or not, and in the event they do not, they will build under the same terms and conditions they have been. What you should see is an increase in developer interest and activity by affordable housing developers who want to add market rate units into their portfolio and leverage added affordable units in the process. In my role as a mixed-housing developer, these incentives are important to developers who are not using the low-income housing tax credit as we are in our Tower Court development. These tools are highly competitive and do not often get allocated to communities in a repeated fashion, at least not often enough to be the only tool a community can utilize to solve its affordable housing needs. The AHIP would allow me, as an example, as an affordable housing developer to build a mixed income development with both market rate and affordable units side by side and do so with zoning considerations that are more aligned with current housing development needs. This would allow us to build more units for individuals with Intellectual and Developmental Disabilities without having to compete for those tax credits that were instrumental in launching the Tower Court project. It would allow more residents like Troy to live independently, alongside other residents who get up and go to work just like he does. It would allow Naperville to ensure all its workforce has attainable housing. The added value the AHIP brought Naperville was the safety of dropping off the State’s non-exempt Illinois Housing Development Authority list of communities failing to meet at least a ten percent affordable housing factor. It was this designation under the Affordable Housing Planning and Appeal Act of 2003 that kept Naperville on the list until last year, and the city fell off the list largely because Naperville was making progress in the AHIP ordinance. Failure to pass the ordinance could put Naperville back on that list and starting the planning process over again. Worse, it could be viewed as action that does not follow the Federal Affirmatively Further Fair Housing Act, where actions taken by a municipality fall to the scale of unjust, or depending on City of Naperville Page 9 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 an analyst’s interpretation, hostile to efforts to advance affordable housing. As a resident of Rockford, a community who in 2016 found itself in the crosshairs of the federal government, specifically the Department of Housing and Urban Development (HUD), and subject to fair housing and civil rights violation litigation, over an affordable housing vote, the city in exchange for no admission of guilt had to enter into a voluntary compliance agreement to advance affordable housing. As a resident of Rockford, and a developer who was mired in that litigation, the actions under the federal threat became national headlines stating my community was not affordable housing friendly and classist, among other claims that hurt our residents and further hurt our already struggling reputation. While Gorman was able to build that development, I feel there were no winners because of the rhetoric during that litigation. City staff, and you as elected officials, including those that came before you, have worked hard to get off the State of Illinois list; however, you have worked harder to ensure residents who work and play in Naperville, can live in Naperville. The AHIP ordinance is another tool that can allow this to happen and the AHIP will not cause development to stall. As a reminder, while the rest of the nation, especially Illinois cities struggle to spur residential development to address the housing crisis, Naperville has continued to build. A November 2023 Chicago Tribune story reported, “Between 2020 and the end of October this year, the city has issued 718 permits for single-family homes, 31 for condos/apartments and 232 for townhomes, according to Laff. Condo/apartment and townhome permit data reflect permits issued for overall buildings and do not indicate the total number of units located within those buildings,” Allison Laff, deputy director of the city’s Transportation, Engineering and Development. Monthly building permit data from the City of Naperville website shows permit activity has remained steady, even elevated. To put that into perspective, the City of Rockford issued 24 permits this year through October and that is twice as many as last year. Bold leadership that considers all residents of its community in its legislation makes a difference and it backs up these words quoted by Councilman White in that same November 2023 article, “Housing is a sustainability issue.” “In order to sustain a community, we need to have housing choices for everyone. This goes to accomplishing that,” he said. Naperville often is referred to as the greatest city in America, and that is based on the outstanding teachers, police officers and firefighters who work in the city, White said. But they do not live in Naperville because they cannot afford to live in the town where they work. This ordinance will change that, he said. I hope you move to support the AHIP ordinance and pass it this evening. Your citizens deserve closure on this issue and recognition for all your hard work. Virginia Terlep (Naperville) - Families Helping Families I grew up in Naperville, and ever since the 1960s my family has championed Affordable Housing in Naperville, yet to date, Naperville has fallen short. Please pass the AHIP ordinance and add to Naperville's already outstanding accolades as one of the best places to live in the United States. Thank you. Peggy Goralski (Naperville) - St. Thomas the Apostle Church and Housing Alliance To Mayor Wherli, City Council Members, My name is Peggy Goralski. I am the Director of Outreach and Social Justice at St. Thomas the Apostle Church in Naperville. I have also lived in Naperville since 1983. I urge you to vote Yes on the Affordable Housing Incentive Program or AHIP Ordinance City of Naperville Page 10 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 tonight to address the lack of affordable housing in Naperville. AHIP creates a voluntary, opt-in process for developers to choose from a by-right menu of incentives that commit to set aside 10-20% of their proposed housing units as affordable. Through AHIP, a developer cannot develop properties zoned for single-family homes and must work with a City Staff Member to find the right balance of affordable units and incentives. In my position at St. Thomas, I am responsible for distributing the funds that our parishioners have donated to assist those in need. Each week, and sometimes multiple times a day, Naperville residents come to us seeking help with rent. These people are at all stages of life…seniors, single moms, young couples, and families. In the 12-month period from November 1, 2023 through October 31, 2024, St. Thomas assisted 92 families with rent. This does not include those families we turned away and those individuals and families who came seeking a motel stay voucher because they are homeless and are trying to piece together some type of existence. I was especially moved by a request for a motel stay from a woman who had just given birth and was being discharged from the hospital to a motel room with her new infant. It should be noted St. Thomas accepts requests for assistance from those living within our parish boundaries (only a small portion of the city). The lack of affordable housing is something which effects all parts of Naperville and is much bigger than the St. Thomas numbers show. I regularly see the need for affordable housing in Naperville and urge you to vote Yes on the Affordable Housing Incentive Program or AHIP Ordinance tonight. Dee Huie (Naperville) To Mayor Wherli, and City Council Members, As a 40 year resident of Naperville, I urge you to vote Yes on the Affordable Housing Incentive Program Ordinance on November 19th to address the lack of affordable housing in Naperville. AHIP is a voluntary program that came before Naperville city council in January 2023 after much work by JB Friedman, a consultant hired by the city, developers and council. After much study, discussion, and compromise, AHIP came before the council for consideration where a vote of 9 to 0 sent it to staff to be written. Among the compromises that were put in place were that AHIP could not be used in areas of Naperville zoned for single-family homes alleviating concerns for some residents. Increasing the amount of affordable housing in Naperville is important to me because having worked with transitional housing programs in the past, I have seen how hard it is for families having completed the program to face moving from Naperville because they can’t afford to stay. Also as I was leaving Edward Hospital at 11pm at night after my husband had surgery, I encountered a very tired nurse who had a 30+ minute drive home. Naperville was not affordable on her salary, I urge you to vote Yes on the Affordable Housing Incentive Program or AHIP Ordinance tonight so everyone can have an affordable place to live in Naperville. Thank you. Mary Beth Nagai (Naperville) To Mayor Wehrli and City Council Members, My name is Mary Beth Nagai, and I am 25-year resident of Naperville. I urge you to vote Yes on the Affordable Housing Incentive Program or AHIP Ordinance tonight to address the lack of affordable housing in Naperville. It's not just the young adults with IDD who are living at home and want an affordable, independent living arrangement. I have a recent college graduate working in Naperville and living at home because rent is more than 30% of her income. It’s City of Naperville Page 11 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 unhelpful to point to the microunits as “affordable housing” when a 433 sq foot studio is renting for over $$1400 a month. We are a community whose school district and hospital have received numerous accolades on “Best of” lists, but employees starting careers in those fields cannot afford to live here. That’s an ugly reality for a community to acknowledge as it steps up to accept accolades based on those employees’ hard work.The issue of affordable housing has generated numerous headlines nationwide over the last year and there is no sign of the issue abating. Voting Yes to the Affordable Housing Incentive Program or AHIP Ordinance tonight makes Naperville a leader in acknowledging we have a problem, and we have a solution to make Naperville an affordable place to live. Thank you. Anne Schultz (Naperville) DuPage Housing Alliance My name is Anne Schultz. I am a member of the DuPage Housing Alliance and a 43 year resident of Naperville. I am in full support of the Affordable Housing Incentive Program or AHIP Ordinance, which addresses the lack of affordable housing in Naperville. The program is voluntary and gives developers an opportunity to provide affordable housing units in our city. Units that could be made available to many subsets of our population, including seniors, essential workers, those with developmental disabilities, and veterans. Any units or building projects that are proposed through this ordinance would be vetted through the Planning and Zoning and City Council oversights already in place. Through this program, developers who commit to set aside a portion (generally 10-20%) of their proposed units as affordable are provided opportunities for incentives. Properties zoned for single family homes are not eligible for the AHIP program. I urge you to vote Yes on the AHIP Ordinance so that Naperville has a mechanism on its books to provide for affordable housing. Catherine Clarkin (Naperville) Naperville Environment and Sustainability Task Force (NEST) Sustainability can be defined as leaving the same opportunities and resources to future generations that we enjoy today. It has also been described as a three legged stool, representing the environment, the economy, and the society. As the Naperville Environment and Sustainability Task Force (NEST), you often hear us address environmental protection and climate change, but more broadly, creating a more sustainable community is at the heart of what we do. Therefore, NEST supports expanding access to affordable housing, and transit- and pedestrian-centered development at 5th Avenue. A community that cannot house young families or senior citizens on a fixed income is not sustainable. Lack of affordable housing disproportionately impacts people of color (www.fanniemae.com/about-us/sustainable-communities). A strong, sustainable community values diversity and provides opportunity for all community members. The Affordable Housing Incentive Program (AHIP) Ordinance, a voluntary program, is the minimum that the city can do to improve access to housing. NEST supports passage of this ordinance. NEST also supports housing and mixed-use development at 5th Avenue. This location will promote the use of public transportation and is pedestrian-friendly, with walking access to both downtown and shops on Ogden. Walkable neighborhoods are vibrant and healthy and should be the focus of any development in Naperville. Creating more density in areas that are walkable and have access to transit reduces car use, bringing benefits in terms of reduced air pollution and carbon emissions. As City Council and staff consider development at 5th Avenue, there City of Naperville Page 12 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 are many ways to make this project more sustainable, benefiting the residents and surrounding neighborhood: 1. Ensure buildings are constructed to meet high standards of energy efficiency. A minimal up-front investment will pay off for residents in savings on utility bills (www.energy.gov/eere/energy-efficiency-buildings-and-industry and energyefficiencyimpact.org/dashboard/) 2. Building electrification with no natural gas connection should also be considered. According to RMI, all-electric single family homes can be cheaper both from a capital investment and operational costs standpoint. Because electric appliances are significantly more efficient than natural gas appliances, they also reduce carbon emissions, and as a co-benefit, improve indoor air quality and safety (rmi.org/insight/the-economics-of-electrifying-buildings-residential-new-construct ion/). These same benefits are to be expected in commercial and multi-family buildings. 3. Solar is an investment that will provide a return to property owners. At a minimum, all properties should be solar-ready, meaning rooflines should not be overly complicated, precluding solar as an option in the future. 4. With electric vehicle adoption on the rise and US automakers committing to scale-up EV manufacturing, all new construction should include EV charging, or at a minimum EV readiness. These measures are less expensive at the time of construction and will save the cost of expensive retrofits. 5. Planning should not be solely automobile-focused, but should center the needs of cyclists and pedestrians. Thank you. NEST can be reached via sustainnaperville.org. Paulette Irene Pekala (Naperville) Transitional Housing, St. Thomas the Apostle Reasons Pro: It's the right thing to do for people trying to be in our community including recent graduates, seniors and others making lower wages. We need to house the people that serve us in nursing homes, banks, restaurants, grocery stores and more. A single mom with even one child should not need to be on a voucher to live here! There are government funds and incentives to provide this housing. A motion was made by Councilman White, seconded by Councilman Kelly, to pass the ordinance amending Title 6 (Zoning Ordinance) of the Naperville Municipal Code to add a new Chapter 17 (Affordable Housing Incentive Program). A motion in substitution was made by Mayor Wehrli, seconded by Councilwoman Bruzan Taylor, to direct staff to create and provide to petitioners proposing new residential developments a catalogue of local projects where affordable housing strategies have been successfully incorporated and approved, such as Naperville Elderly Homes, Vantage Naperville micro-apartments on Ogden Ave., and the Gorman project on Tower Ct. The motion carried by the following vote: Aye: 5- Wehrli, Bruzan Taylor, Leong, McBroom, and Wilson Nay: 4- Holzhauer, Kelly, Longenbaugh, and White M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE: 1. Approve the award of Bid 24-161, South Plant Return Activated Sludge and Grit Improvements, to Vissering Construction Company for an amount not to exceed $14,077,000 plus a 3% contingency City of Naperville Page 13 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 A motion was made by Councilman White, seconded by Councilman Kelly, to approve the award of Bid 24-161, South Plant Return Activated Sludge and Grit Improvements, to Vissering Construction Company for an amount not to exceed $14,077,000 plus a 3% contingency. The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson 2. Approve the award of Cooperative Procurement 24-270, Tollway Substation 34.5kV Indoor Switchgear, to Wesco, Inc. for an amount not to exceed $3,827,000 A motion was made by Councilman White, seconded by Councilman Kelly, to approve the award of Cooperative Procurement 24-270, Tollway Substation 34.5kV Indoor Switchgear, to Wesco, Inc. for an amount not to exceed $3,827,000. The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson 3. Approve the award of Cooperative Procurement 24-281, Electric Utility Supplies, to Wesco, Inc. for an amount not to exceed $1,100,000 and for a one-year term A motion was made by Councilman White, seconded by Councilman Kelly, to approve the award of Cooperative Procurement 24-281, Electric Utility Supplies, to Wesco Inc. for an amount not to exceed $1,100,000 and for a one-year term. The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson N. PETITIONS AND COMMUNICATIONS: O. REPORTS AND RECOMMENDATIONS: 1. Receive the estimated 2024 property tax levy for the City of Naperville, including the Naperville Public Library, and direct staff to publish notice for a truth-in-taxation hearing on December 17, 2024 A motion was made by Councilman White, seconded by Councilman Kelly, to receive the estimated 2024 property tax levy for the City of Naperville, including the Naperville Public Library, and direct staff to publish notice for a truth-in-taxation hearing on December 17, 2024. The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson 2. Receive the estimated 2024 property tax levies for special service area numbers 23, 25, 30, 31, 33 and 34 and 35 A motion was made by Councilman White, seconded by Councilman Kelly, to receive the estimated 2024 property tax levies for special service area numbers 23, 25, 30, 31, 33 and 34 and 35. The motion carried by the following by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson City of Naperville Page 14 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 3. Accept the Urban Land Institute Technical Assistance Panel (ULI TAP) application prepared for the 5th Avenue Study Area and reach consensus regarding the questions that the ULI expert panel should answer as part of this project SPEAKERS Marilyn Schweitzer (Naperville) stated to better serve the community the application the City will be submitting to the ULI panel needs to explain the relationship of the parcels with respect to all of Naperville, unlike the Water Street District the 5th Avenue parcels are adjacent to everything but the downtown, there are several things not to be overlooked such as infrastructure impacts, cyclists, pedestrians and traffic and public transportation, vehicles and pedestrian routes serve not only commuters but also schools, parking should be considered pre pandemic and after the pandemic not just the average midweek numbers, requested an explanation who the stakeholders will be and if the ULI application will include letters in support beyond those of the Council, the 2017 study area map conflicts with the 2022 land use plan and omits some adjacent City owned properties, if Kendall and Burlington Parks are included in the plan it should be clear that park spaces must not be reduced if the train station is excluded from the study area and should be removed from the discussion, if private and multi family housing at 536 E. 5th Avenue are included the owners should be made aware and suggestions were given for which questions should be asked by ULI and how sections could be combined for better results. Jeffrey Havel (Naperville) supports the new direction the City is taking with the 5th Avenue Study and suggests the development needs to be reevaluated and fit the existing neighborhood. By consensus Council directed staff to include the following questions the ULI panel should answer as part of this project: A. Development Strategy What is the most effective way to move forward with a redevelopment strategy for the non-transit uses on the site? For example, should parcels be offered separately or as one master lease/sale? Is the City recommended to sell or lease and is there a recommended order for redevelopment to occur? B. Land Use and Development Other than new housing opportunities, what are the highest and best uses of the study area, or each sub portion of the study area? C. Housing How can new development on the site address Naperville’s known housing gaps, including missing middle, attainable and affordable housing, while meeting private development interests? D. Community Benefit What amenities and design features should be incorporated into the new City of Naperville Page 15 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 development to maintain and enhance the neighborhood’s unique character, and how can the study area provide additional or improved community amenities, including gathering spaces and event spaces? E. Transit-Related How can the study area be redeveloped to function as a Transit Oriented Development and what are the best practices for developing around transit centers? How can this redevelopment encourage regular transit users to occupy any new residential units, thereby decreasing overall on-site parking demand? ..body WRITTEN COMMENT ONLY Chris Strom (Naperville) Dear Naperville City Council Members, I am writing to express my strong support for the proposed redevelopment of 5th Avenue in Naperville. This project represents a unique opportunity to build upon the City’s reputation as a thriving economic powerhouse and a model for community-oriented growth. By moving forward with this redevelopment, Naperville can continue to attract investment, enhance quality of life for its residents, and solidify its standing as a leader in innovation and progress. Few opportunities arise with the potential to make such a transformative impact as the proposed 5th Avenue development. This area holds significant promise to further diversify Naperville’s economic base, attract businesses, and create vibrant spaces that bring residents and visitors together. The proposed development aligns with Naperville’s tradition of thoughtful planning and bold action, ensuring that the city remains not only competitive but also a beacon of economic and social vitality in the region. I encourage the City Council to fully embrace this moment and capitalize on this rare chance to redefine one of Naperville’s key corridors. The redevelopment of 5th Avenue is not merely a project-it is an investment in our city’s future, one that will yield benefits for generations to come. I urge the City to act with vision and purpose in pursuing this opportunity. Thank you for your leadership and dedication to our community. I appreciate your consideration of my perspective and look forward to seeing this transformative project come to fruition. Tim Messer (Naperville) While I am a member of the board of directors of the East Central Homeowners Organization, my comments are my own and neither those of ECHO nor any other board or group of which I am a member. The Downtown2030 Plan specifically omits the area surrounding the Naperville train station, as it is not part of downtown Naperville. The ULI TAP application Study Area Synopsis specifically and accurately notes that the train station is not in downtown Naperville, but in fact is located just north of downtown. Yet in the questions for consideration, Section E refers to the train station as the “Downtown Naperville train station.” Can we be consistent and agree that the train station is not in downtown? One of the questions asks, in part: “How can the study area be redeveloped to function as a Transit Oriented Development?” I would argue that it will be difficult to redevelop this definitively suburban area into a true transit-oriented development-that is, one which discourages car ownership and is truly pedestrian-friendly, with narrower streets, less on-street parking, and appropriate traffic-calming City of Naperville Page 16 Printed on 12/4/2024 City Council Meeting Minutes - Final November 19, 2024 measures. 5th Avenue is still often treated as a 35-40mph cut-through between Washington Street and Plank Road, with crosswalks that lack adequate visibility and are often too dangerous to be safely used at night. The residents of the surrounding area await what comes next for this project. Personally, I hope to see something that will benefit the entire community, including the immediate neighbors, and not just leave us looking at whatever is foisted upon us by rent-seeking developers. Thanks for your time. P. NEW BUSINESS: ADA access to the Municipal Center during inclement weather. White inquired about the ADA accommodations in place at the Municipal Center during inclement weather, if a member of the public could access the building from the lower level parking deck and if additional ADA measures could be reviewed in the future. Krieger stated there are ADA accessible spots available in the upper parking lot along with a ramp just southeast of the main entrance and one additional ADA spot was added to the circle drive two years ago. Individuals with ADA concerns could park in the lower level and call the individual they are meeting and that person could come down to the parking lot and provide access to the building. Staff is researching additional ADA enhancements in the near future. Q. ADJOURNMENT: A motion was made by Councilman White, seconded by Councilman Kelly, to adjourn the Regular City Council Meeting of November 19, 2024 at 8:45 p.m. The motion carried by a voice vote. /S/ Dawn C. Portner Dawn C. Portner City Clerk City of Naperville Page 17 Printed on 12/4/2024

Agenda

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Agenda City Council Tuesday, November 19, 2024 7:00 PM Council Chambers Agenda Introductory Language TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE: • Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-Astound, Ch. 10 - Comcast, Ch. 99 – AT&T U-verse) • Watch online at https://naperville.legistar.com TO PROVIDE PUBLIC COMMENT: The public may choose to provide public comment in any of the following ways: 1. Address the City Council live during the City Council meeting in-person in City Council Chambers. Individuals wishing to address the City Council during the meeting must sign up online at www.naperville.il.us/speakersignup by 6:30 p.m. on November 19. 2. Individuals can also have their name added to the speaker list by calling the Community Services Department at (630) 305-5300 by 6:30 p.m. on November 19. 3. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on November 19. Written comments will be compiled and posted with the electronic meeting agenda on the City’s website prior to the start of the meeting. The cumulative number of comments will be announced during the City Council meeting. 4. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda item by 4 p.m. on November 19. The names of participants who submitted position statements will be compiled and posted with the electronic meeting agenda on the City’s website prior to the start of the meeting. The cumulative number of position statements will be announced during the City Council meeting. There will be no on-site speaker sign up permitted. City of Naperville Page 1 Printed on 11/19/2024 City Council Meeting Agenda November 19, 2024 PUBLIC ACCOMMODATION: Any individual who may require an accommodation to listen to or participate in the meeting should contact the Community Services Department at (630) 305-5300 by 4 p.m. on November 19. Questions regarding online sign-up may be directed to the Community Services Department 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 - 5:30 p.m. OPEN SESSION - 7:00 p.m. D. ROLL CALL: E. PLEDGE TO THE FLAG: F. AWARDS AND RECOGNITIONS: 1. 24-1340 Proclaim October 5 - November 10, 2024 as the SewaDiwali Food Drive 2. 24-1187 Proclaim November 19, 2024 as Naperville Special Olympics Day City of Naperville Page 2 Printed on 11/19/2024 City Council Meeting Agenda November 19, 2024 3. 24-1343 Proclaim Saturday, November 30, 2024 as Small Business Saturday G. PUBLIC FORUM: H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE CONSENT AGENDA: I. CONSENT AGENDA: 1. 24-1312 Approve the Cash Disbursements for the period of October 1,2024 through October 31,2024 for a total of $47,023,790.11 2. 24-1336 Approve the regular City Council meeting minutes of November 5, 2024 3. 24-1330 Approve the City Council meeting schedule for December 2024 and January, February, 2025 4. 24-1298 Receive the year-to-date budget report through October 31, 2024 5. 24-1264 Approve the award of Bid 24-262, Water Distribution Parts, to Water Products Company for an amount not to exceed $411,031.30 and for a 13-month term 6. 24-1137 Approve the award of Option Year #1 to Contract 23-196R, Transmission Steel Pole Painting, to Public Utilities Maintenance, Inc. for an amount not to exceed $294,000 7. 24-1230 Approve the award of Option Year #2 to Contract 21-253, Liquid Cationic Emulsion Polymer for Gravity Belt Thickening, to Solenis LLC for an amount not to exceed $78,191.36 8. 24-1239 Approve the award of Option Year #2 to Contract 21-252, Liquid Cationic Emulsion Polymer for Centrifuge Dewatering, to Polydyne, Inc. for an amount not to exceed $186,630.60 9. 24-1244 Approve the award of Change Order #1 to Contract #17-086A, Fire Engine Replacement and Maintenance Agreement, to Fire Service, Inc. for an amount not to exceed $60,000 and a total award of $753,308 10. 24-1278 Approve the award of Change Order #1 to Contract 24-015, 2024 Pavement Patching, to Schroeder Asphalt Services for an amount not to exceed $27,400.49 and a total award of $559,185.49 11. 24-1300 Approve the award of Change Order #1 to Contract 23-302, Phase III Construction Engineering Services - Washington Street Downtown Streetscape Project, to Civiltech Engineering, Inc. for an amount not to exceed $258,585 and a total award of $985,867 and for an additional five months City of Naperville Page 3 Printed on 11/19/2024 City Council Meeting Agenda November 19, 2024 12. 24-1303 Approve the award of Change Order #2 to Contract 22-197, Ford Automotive Parts & Supplies, to Ford Motor Company for an amount not to exceed $85,000, a total award of $490,000, and for an additional 12 months 13. 24-1258 Approve the award of Change Order #2 to Contract 23-021.0-02, Northeast Water Works Improvements Phase II, to Dahme Mechanical Industries for an additional 75 days 14. 24-1179C Pass the ordinance approving a bypass lane variance for 3320 S. IL Route 59 (Chick-fil-a) - PZC 24-1-077 15. 24-1243B ​Pass the ordinance amending Title 8 (Public Utilities) Chapter 2 (Municipal Water and Sewer) Article C (Water and Sewer Rates, Connection Charges) and Chapter 3 (Utility Service) of the Naperville Municipal Code 16. 24-1193B Pass the ordinance amending Title 8 (Public Utilities) Chapter 1 (Electricity) Article C (Electric Service Rates) of the Naperville Municipal Code 17. 24-1288 Schedule a public hearing for the 2025 Annual Budget to be held at the December 3, 2024, City Council meeting J. PUBLIC HEARINGS: K. OLD BUSINESS: L. ORDINANCES AND RESOLUTIONS: 1. 24-1208B Pass the ordinance amending Title 6 (Zoning Ordinance) of the Naperville Municipal Code to add a new Chapter 17 (Affordable Housing Incentive Program) M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE: 1. 24-1284 Approve the award of Bid 24-161, South Plant Return Activated Sludge and Grit Improvements, to Vissering Construction Company for an amount not to exceed $14,077,000 plus a 3% contingency 2. 24-1145 Approve the award of Cooperative Procurement 24-270, Tollway Substation 34.5kV Indoor Switchgear, to Wesco, Inc. for an amount not to exceed $3,827,000 3. 24-1240 Approve the award of Cooperative Procurement 24-281, Electric Utility Supplies, to Wesco, Inc. for an amount not to exceed $1,100,000 and for a one-year term N. PETITIONS AND COMMUNICATIONS: City of Naperville Page 4 Printed on 11/19/2024 City Council Meeting Agenda November 19, 2024 O. REPORTS AND RECOMMENDATIONS: 1. 24-1286 Receive the estimated 2024 property tax levy for the City of Naperville, including the Naperville Public Library, and direct staff to publish notice for a truth-in-taxation hearing on December 17, 2024 2. 24-1287 Receive the estimated 2024 property tax levies for special service area numbers 23, 25, 30, 31, 33 and 34 and 35 3. 24-1132 Accept the Urban Land Institute Technical Assistance Panel (ULI TAP) application prepared for the 5th Avenue Study Area and reach consensus regarding the questions that the ULI expert panel should answer as part of this project 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 via e-mail at info@naperville.il.us. Every effort will be made to allow for meeting participation. City of Naperville Page 5 Printed on 11/19/2024