City Council — Naperville, IL
Date: 2024-11-05

400 S. Eagle Street
 City of Naperville Naperville, IL 60540



 Meeting Agenda

 City Council

Tuesday, November 5, 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 5.

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 5.

3. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on
November 5. 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 5. 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.




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City Council Meeting Agenda November 5, 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
5.

• 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 - 6:30 p.m.

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:



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City Council Meeting Agenda November 5, 2024



H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE
CONSENT AGENDA:

I. CONSENT AGENDA:
1. 24-1227 Approve the regular City Council meeting minutes of October 15, 2024

2. 24-1247 Approve the City Council meeting schedule for November and December
 2024, and January 2025

3. 24-1266 Receive the year-to-date Investment and Cash Balance Report through
 September 30, 2024

4. 24-1192 Accept the record of Emergency Procurement 24-255, Tollway Substation
 Power Transformer (30xa) Evaluation, to Power Substation Services for an
 amount of $58,697
5. 24-1135 Approve the award of Cooperative Procurement 24-268, Cisco
 Application Centric Infrastructure, to Sentinel Technologies, Inc. for an
 amount not to exceed $297,588.22 and for a five-year term
6. 24-1194 Approve the award of Cooperative Procurement 24-271, Roadway Salt, to
 Cargill Inc. and Compass Minerals America, Inc. for an amount not to
 exceed $483,732
7. 24-1209 Approve the award of Sole Source Procurement 24-273, Cla-Val Water
 Control Valve Replacements, to Dorner Company for an amount not to
 exceed $283,479

8. 24-1185 Approve the award of Bid 24-003, Bridge and Retaining Wall Railing
 Maintenance, to Midwest Fence Corporation for an amount not to exceed
 $107,984 plus a 5% contingency
9. 24-1220 Approve the award of RFP 24-169, Springbrook Water Reclamation
 Center South Plant Grit Return Activated Sludge Improvements
 Construction Management, to Burns & McDonnell Engineering Company,
 Inc. for an amount not to exceed $565,039 and for a 26-month term
10. 24-1090 Approve the award of Change Order #1 to Contract 23-181, Police
 Department Uniforms and Equipment, to Galls LLC for an amount not to
 exceed $41,000 and a total award of $219,110
11. 24-1236 Approve the award of Change Order #1 to Option Year #1 of Contract
 22-346, Municipal Center Security Services, to Talon Premier Security for
 an amount not to exceed $25,000 and a total award of $120,000 (Item 2 of
 2)




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12. 24-1199 Approve the award of Option Year #1 to Contract 23-051, Tree Trimming,
 Tree Removal and Disposal of Debris, to Lewis Tree Service for an
 amount not to exceed $175,000
13. 24-1195 Approve the award of Option Year #2 to Contract 22-346, Municipal Center
 Security Services, to Talon Premier Security for an amount not to exceed
 $135,000 (Item 1 of 2)
14. 24-1197 Approve the award of Change Order #2 to Option Year #3 of Contract
 18-012, IDenticard Building Access Control, to Pace Systems for an
 amount not to exceed $150,000, a total award of $286,840, and an
 additional two years
15. 24-1237 Approve the award of Change Order #2 to Work Order 22-067C, Design
 Engineering Services for the Ogden Avenue and Washington Street Water
 Main Improvements, to Ciorba Group for an amount not to exceed $24,399
 and a total award of $123,895.50
16. 24-1238 Approve the award of Change Order #2 to Contract 24-155, Cisco
 SMARTnet Maintenance, Support and License Renewal, to Sentinel
 Technologies, Inc. for an amount not to exceed $32,343.64 and a total
 award of $273,764.77
17. 24-1228 Approve the award of Change Order #3 to Contract 24-026, 2024
 Downtown Streetscape - Washington Street, to Copenhaver Construction,
 Inc. for an additional 26 days

18. 24-1169B Receive the staff report for 4231 Tower Court (Tower Court Residences) -
 PZC 23-1-013 (Item 1 of 3)

19. 24-1233 Pass the ordinance approving the rezoning of 4231 Tower Court from B-2
 (Community Shopping Center District) to OCI (Office, Commercial and
 Institutional District) (Tower Court Residences) - PZC 23-1-013 (Item 2 of
 3)

20. 24-1234 Pass the ordinance approving a conditional use for multi-family residential
 and a conditional use for a planned unit development (PUD) and a
 preliminary/final PUD plat of Lot 3 in Naperville - South Forty Lots 4, 5, 6
 and 7 Resubdivision with various zoning deviations (Tower Court
 Residences) - PZC 23-1-013 (Item 3 of 3)

21. 24-1249 Pass the ordinance approving a minor change to the conditional use
 approved by Ordinance 21-005 for the 4th Avenue and Loomis Street
 development- PZC 24-1-114

22. 24-1190B Pass the ordinance granting a major change to the Fox River Commons
 Planned Unit Development and a conditional use for an amusement
 establishment at 804 S IL Route 59 (Activate Games) - PZC 24-1-107



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City Council Meeting Agenda November 5, 2024


23. 24-1179B Pass the ordinance approving a bypass lane variance for 3320 S. IL Route
 59 (Chick-fil-a) - PZC 24-1-077

24. 24-1049 Pass the ordinance to establish temporary traffic controls and issue
 Special Event and Amplifier permits for the Rotary Clubs of Naperville
 Holiday Parade of Lights on Friday, November 29, 2024

25. 24-0865 Waive the first reading and pass the ordinance repealing and replacing
 Section 3-1-8 (Real Estate Transfer Tax) of Naperville Municipal Code
 (requires six positive votes)

26. 24-1243 ​Conduct the first reading of an 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

27. 24-1193 Conduct the first reading of an ordinance amending Title 8 (Public Utilities)
 Chapter 1 (Electricity) Article C (Electric Service Rates) of the Naperville
 Municipal Code

J. PUBLIC HEARINGS:
1. 24-1078B Receive the staff report and conduct the public hearing to consider the
 Annexation Agreement for the property located at 720 Parkside Road -
 PZC 24-1-074 (Item 1 of 4)

2. 24-1252 Pass the ordinance authorizing the execution of the Annexation Agreement
 for 720 Parkside Road - PZC 24-1-074 (Item 2 of 4)

3. 24-1253 Pass the ordinance annexing 720 Parkside Road - PZC 24-1-074 (Item 3
 of 4)

4. 24-1254 Pass the ordinance rezoning 720 Parkside Road to R1B upon annexation -
 PZC 24-1-074 (Item 4 of 4)

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 24-0894B Receive the staff report for Hines Diehl Road Resubdivision (Hines Diehl
 Road Resubdivision) - PZC 24-1-034 (Item 1 of 4)

2. 24-1152 Pass the ordinance approving the rezoning of 1200 E. Diehl from ORI
 (Office, Research and Light Industry District) to OCI (Office, Commercial,
 and Institutional) (Hines Diehl Road Resubdivision) - PZC 24-1-034 (Item 2
 of 4)




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City Council Meeting Agenda November 5, 2024


3. 24-1153 Pass the ordinance approving a preliminary plat of subdivision of Hines
 Diehl Road Resubdivision for 1200 E. Diehl Road (Hines Diehl Road
 Resubdivision) - PZC 24-1-034 (Item 3 of 4)

4. 24-1154 Pass the ordinance approving a conditional use for a planned unit
 development (PUD) and a preliminary PUD plat of Hines Diehl Road
 Resubdivision with various zoning deviations and conditional uses for
 retail, restaurants, residential, and parking as a principal use (Hines Diehl
 Road Resubdivision) - PZC 24-1-034 (Item 4 of 4)

5. 24-1208 Conduct the first reading of an 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:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

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 6 Printed on 11/1/2024

400 S. Eagle Street
 City of Naperville Naperville, IL 60540



 Meeting Minutes - Final

 City Council


Tuesday, November 5, 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 5.

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 5.

3. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on
November 5. 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 5. 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.




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City Council Meeting Minutes - Final November 5, 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 5.

• 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: 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


C. CLOSED SESSION - 6:30 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: 8- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Longenbaugh, McBroom, White, and
 Wilson


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City Council Meeting Minutes - Final November 5, 2024


 Absent: 1- Leong

OPEN SESSION - 7:00 p.m.

 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

D. ROLL CALL:



 Also Present
 City Manager, Doug Krieger; City Attorney, Mike DiSanto; City Clerk, Dawn
 Portner; Assistant to the City Manager, Marcie Schatz; Fire Chief Mark
 Puknaitis; Police Chief, Jason Arres; Director of Finance, Raymond Munch;
 Director of IT, Jacqueline Nguyen; Director of TED, Bill Novack; Deputy
 Director of TED, Allison Laff; Budget & Administrative Manger, Public Works,
 Christine Schwartzhoff; Deputy Director of Public Utilities - Electric, Olga
 Geynisman; Director of Public Utilities - Water, Darrell Blenniss; Director of
 Community Services, Melanie Marcordes; Director of Human Resources,
 Blaine Wing; Director of Communications, Linda LaCloche.

 Daily Herald, Naperville Sun, NCTV-17

E. PLEDGE TO THE FLAG:
 The pledge was given.

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:
 SPEAKERS:
 3 minutes with NEST
 Ted Boulard (Naperville) discussed the renewal of the IMEA contract.

 2024 Sidewalk Program
 John Pollitt (Naperville) requested the Council consider removing his property
 located at 205 N. West Street from the 2024 Sidewalk Program. According to
 Pollitt the only way to install the sidewalk is to remove two trees on his
 property.

 Council inquired if the trees would need to be removed if the house becomes a
 teardown in the future since sidewalks would be required, what would be the
 process if Council wanted to remove this house from the sidewalk program,

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City Council Meeting Minutes - Final November 5, 2024

 what would be the impact to the sidewalk program if the contract was altered
 and one of the reasons this sidewalk needs to be installed is due to pedestrian
 and safety concerns.

 Novack stated for the proper installation of the sidewalk to take place trees
 need to be removed one of the trees could be saved if an easement is granted,
 if a majority of the Council requests this address be removed the contractor
 would need to be contacted since the contract has already been awarded, but
 the contract would not need to be altered.

 Novack will contact the vendor and remove 205 N. West Street from the
 Sidewalk Program.

 Krieger discussed the new security procedures being implemented at the
 Municipal Center beginning Tuesday, November 12, 2024. The new security
 measures are being implemented to improve the security for our residents and
 staff. Controlled access doors have been installed at the main entrance,
 visitors will need to check in with the Security Guard and he will direct
 accordingly. The doors will be opened for public meetings and no ID or
 signature is required for entry.

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:
 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White,
 and Wilson

I. CONSENT AGENDA:

 Approval of the Consent Agenda

 A motion was made by Councilman White, seconded by Councilman Kelly, to
 approve the Consent Agenda with comments on I25 and removing items I18,
 I19, I20, I21 and I23. The motion carried by the following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom,
 White, and Wilson

 1. Approve the regular City Council meeting minutes of October 15, 2024

 Council approved.


 2. Approve the City Council meeting schedule for November and December 2024,
 and January 2025
 Council approved.


 3. Receive the year-to-date Investment and Cash Balance Report through September
 30, 2024
 Council approved.

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 4. Accept the record of Emergency Procurement 24-255, Tollway Substation Power
 Transformer (30xa) Evaluation, to Power Substation Services for an amount of
 $58,697
 Council approved.


 5. Approve the award of Cooperative Procurement 24-268, Cisco Application Centric
 Infrastructure, to Sentinel Technologies, Inc. for an amount not to exceed
 $297,588.22 and for a five-year term
 Council approved.


 6. Approve the award of Cooperative Procurement 24-271, Roadway Salt, to Cargill
 Inc. and Compass Minerals America, Inc. for an amount not to exceed $483,732
 Council approved.


 7. Approve the award of Sole Source Procurement 24-273, Cla-Val Water Control
 Valve Replacements, to Dorner Company for an amount not to exceed $283,479
 Council approved.


 8. Approve the award of Bid 24-003, Bridge and Retaining Wall Railing Maintenance,
 to Midwest Fence Corporation for an amount not to exceed $107,984 plus a 5%
 contingency
 Council approved.


 9. Approve the award of RFP 24-169, Springbrook Water Reclamation Center South
 Plant Grit Return Activated Sludge Improvements Construction Management, to
 Burns & McDonnell Engineering Company, Inc. for an amount not to exceed
 $565,039 and for a 26-month term
 Council approved.


 10. Approve the award of Change Order #1 to Contract 23-181, Police Department
 Uniforms and Equipment, to Galls LLC for an amount not to exceed $41,000 and a
 total award of $219,110
 Council approved.


 11. Approve the award of Change Order #1 to Option Year #1 of Contract 22-346,
 Municipal Center Security Services, to Talon Premier Security for an amount not to
 exceed $25,000 and a total award of $120,000 (Item 2 of 2)
 Council approved.


 12. Approve the award of Option Year #1 to Contract 23-051, Tree Trimming, Tree
 Removal and Disposal of Debris, to Lewis Tree Service for an amount not to
 exceed $175,000
 Council approved.

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 13. Approve the award of Option Year #2 to Contract 22-346, Municipal Center
 Security Services, to Talon Premier Security for an amount not to exceed
 $135,000 (Item 1 of 2)
 Council approved.


 14. Approve the award of Change Order #2 to Option Year #3 of Contract 18-012,
 IDenticard Building Access Control, to Pace Systems for an amount not to exceed
 $150,000, a total award of $286,840, and an additional two years
 Council approved.


 15. Approve the award of Change Order #2 to Work Order 22-067C, Design
 Engineering Services for the Ogden Avenue and Washington Street Water Main
 Improvements, to Ciorba Group for an amount not to exceed $24,399 and a total
 award of $123,895.50
 Council approved.


 16. Approve the award of Change Order #2 to Contract 24-155, Cisco SMARTnet
 Maintenance, Support and License Renewal, to Sentinel Technologies, Inc. for an
 amount not to exceed $32,343.64 and a total award of $273,764.77
 Council approved.


 17. Approve the award of Change Order #3 to Contract 24-026, 2024 Downtown
 Streetscape - Washington Street, to Copenhaver Construction, Inc. for an
 additional 26 days
 Council approved.


 18. Receive the staff report for 4231 Tower Court (Tower Court Residences) - PZC
 23-1-013 (Item 1 of 3)
 SPEAKER:
 Mary Hamill (Naperville) spoke in favor of the Town Court Residences
 development.


 WRITTEN COMMENT ONLY
 Marilyn l Schweitzer (Naperville) According to the Center for Neighborhood
 Technology (<https://htaindex.cnt.org/map/>), transportation cost out of a
 household's income for this area is about 7% more than for Naperville overall.
 Besides increasing Naperville's affordable housing stock, Naperville should pay
 attention to the cost and efficiency of local public transportation. (Public
 transportation in should be more than using METRA to/from Chicago and
 extremely limited PACE options.)


 Report received.


 19. Pass the ordinance approving the rezoning of 4231 Tower Court from B-2
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City Council Meeting Minutes - Final November 5, 2024

 (Community Shopping Center District) to OCI (Office, Commercial and Institutional
 District) (Tower Court Residences) - PZC 23-1-013 (Item 2 of 3)
 WRITTEN COMMENT ONLY
 Mary Hamill (Naperville ) On behalf of the Naperville Accessible Community
 Task Force, I urge the Naperville City Council to pass the ordinance approving
 the rezoning of 4231 Tower Court from B-2 to OCI as well as passing the
 ordinance approving a conditional use for multi-family residential and a
 conditional use for a planned unit development (PUD) and a preliminary/final
 PUD plat of select lots with various zoning deviations. These ordinances are in
 reference to the affordable housing development for senior citizens and
 persons with intellectual and developmental disabilities which will benefit our
 residents and our community.

 Kathleen McGowan (Naperville) I am currently a resident of Naperville and
 formerly a member/co-chair of the Naperville Senior Task Force. From its
 inception the TF has been an advocate and supporter of Affordable Housing
 for Seniors. Through my work as a social worker and as the retired Executive
 Director of Catholic Charites, Diocese of Joliet, I am well aware of the
 challenges faced by veterans, families, single moms, members of the DD
 community and especially seniors have in finding affordable places to live in
 our community. This project will provide senior housing for those members of
 our community who have raised their families here, have been vital members
 of the community and want to continue living in the community they love. I
 would ask that the members of the City Council support this proposal.

 POSITION STATEMENT
 SUPPORT
 Cel Dvorak (Naperville)
 Sherry Healey (Naperville)

 ORD 24-110
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 pass the ordinance approving the rezoning of 4231 Tower Court from B-2
 (Community Shopping Center District) to OCI (Office, Commercial and
 Institutional District) (Tower Court Residences). The motion carried by the
 following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom,
 White, and Wilson

 20. Pass the ordinance approving a conditional use for multi-family residential and a
 conditional use for a planned unit development (PUD) and a preliminary/final PUD
 plat of Lot 3 in Naperville - South Forty Lots 4, 5, 6 and 7 Resubdivision with
 various zoning deviations (Tower Court Residences) - PZC 23-1-013 (Item 3 of 3)
 WRITTEN COMMENT ONLY
 Mary Hamill (Naperville) On behalf of the Naperville Accessible Community
 Task Force, I urge the Naperville City Council to pass the ordinance approving
 the rezoning of 4231 Tower Court from B-2 to OCI as well as passing the
 ordinance approving a conditional use for multi-family residential and a
 conditional use for a planned unit development (PUD) and a preliminary/final

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City Council Meeting Minutes - Final November 5, 2024

 PUD plat of select lots with various zoning deviations. These ordinances are in
 reference to the affordable housing development for senior citizens and
 persons with intellectual and developmental disabilities which will benefit our
 residents and our community.

 ORD 24-111
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 pass the ordinance approving a conditional use for multi-family residential
 and a conditional use for a planned unit development (PUD) and a
 preliminary/final PUD plat of Lot 3 in Naperville - South Forty Lots 4, 5, 6 and
 7 Resubdivision with various zoning deviations (Tower Court Residences).
 The motion carried by the following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom,
 White, and Wilson

 21. Pass the ordinance approving a minor change to the conditional use approved by
 Ordinance 21-005 for the 4th Avenue and Loomis Street development- PZC
 24-1-114
 Councilman Kelly recused himself and left the dais from 7:32 p.m. - 7:33 p.m.


 WRITTEN COMMENT ONLY
 Marilyn L. Schweitzer (Naperville) Too bad all these variances were
 squandered to produce strictly market-rate housing. This would have been a
 great location to diversify our housing by including something affordable.


 ORD 24-112
 A motion was made by Councilman White, seconded by Councilman
 Holzhauer to pass the ordinance approving a minor change to the conditional
 use approved by Ordinance 21-005 for the 4th Avenue and Loomis Street
 development- PZC 24-1-114. The motion carried by the following vote:

 Aye: 8- Wehrli, Bruzan Taylor, Holzhauer, Leong, Longenbaugh, McBroom, White,
 and Wilson

 Recused: 1- Kelly


 22. Pass the ordinance granting a major change to the Fox River Commons Planned
 Unit Development and a conditional use for an amusement establishment at 804 S
 IL Route 59 (Activate Games) - PZC 24-1-107
 ORD 24-113

 Council passed.


 23. Pass the ordinance approving a bypass lane variance for 3320 S. IL Route 59
 (Chick-fil-a) - PZC 24-1-077
 A motion was made by Councilman White, seconded by Councilman Kelly to
 table the ordinance approving a bypass lane variance for 3320 S. IL Route 59
 (Chick-fil-a) to the November 19, 2024 City Council meeting. The motion

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 carried by the following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom,
 White, and Wilson

 24. Pass the ordinance to establish temporary traffic controls and issue Special Event
 and Amplifier permits for the Rotary Clubs of Naperville Holiday Parade of Lights
 on Friday, November 29, 2024
 ORD 24-114

 Council passed.


 25. Waive the first reading and pass the ordinance repealing and replacing Section
 3-1-8 (Real Estate Transfer Tax) of Naperville Municipal Code (requires six
 positive votes)
 ORD 24-115

 Council passed.


 26. ​Conduct the first reading of an 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
 Council conducted the first reading.


 27. Conduct the first reading of an ordinance amending Title 8 (Public Utilities)
 Chapter 1 (Electricity) Article C (Electric Service Rates) of the Naperville Municipal
 Code
 Council conducted the first reading.

J. PUBLIC HEARINGS:

1. Receive the staff report and conduct the public hearing to consider the Annexation
 Agreement for the property located at 720 Parkside Road - PZC 24-1-074 (Item 1 of
 4)
 Wehrli opened the public hearing at 7:35 p.m.

 Councilman White made a motion, seconded by Councilman Kelly, to close the
 public hearing to consider the Annexation Agreement for the property located at
 720 Parkside Road at 7:35 p.m.. The motion carried by a voice vote.

2. Pass the ordinance authorizing the execution of the Annexation Agreement for 720
 Parkside Road - PZC 24-1-074 (Item 2 of 4)
 ORD 24-116

 Councilman White made a motion, seconded by Councilman Kelly, to pass the
 ordinance authorizing the execution of the Annexation Agreement for 720
 Parkside Road. The motion carried by the following vote:


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 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White,
 and Wilson

3. Pass the ordinance annexing 720 Parkside Road - PZC 24-1-074 (Item 3 of 4)

 ORD 24-117

 A motion was made by Councilman White, seconded by Councilman Kelly, to
 pass the ordinance annexing 720 Parkside Road. The motion carried by the
 following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White,
 and Wilson

4. Pass the ordinance rezoning 720 Parkside Road to R1B upon annexation - PZC
 24-1-074 (Item 4 of 4)
 ORD 24-118

 A motion was made by Councilman White, seconded by Councilman Kelly, to
 pass the ordinance rezoning 720 Parkside Road to R1B upon annexation. The
 motion carried by the following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White,
 and Wilson

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Receive the staff report for Hines Diehl Road Resubdivision (Hines Diehl Road
 Resubdivision) - PZC 24-1-034 (Item 1 of 4)
 SPEAKER
 Russ Whitaker (Naperville, Rosanova and Whitaker, Petitioner's Attorney) The
 proposed development will consist of two commercial buildings located at the
 main entrance along Diehl Road, and a multi-family residential building. The
 existing parking garage on the property will remain to ensure adequate parking
 is provided for both the proposed commercial uses and residential units. The
 City’s Land Use Master Plan designates the subject property as Regional
 Center. Areas designated as Regional Center are recommended for a diverse
 mix of uses, including shopping and dining establishments with supporting
 residential uses, to support commercial businesses and institutional uses.

 Council inquired about access to local parks and paths.

 Whitaker stated Danada Forest Preserve is close by and there is also a path in
 the area. They are working with a local property owner to secure an easement
 and make improvements for better access to the path in the future.
 Report received.


2. Pass the ordinance approving the rezoning of 1200 E. Diehl from ORI (Office,
 Research and Light Industry District) to OCI (Office, Commercial, and Institutional)

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City Council Meeting Minutes - Final November 5, 2024

 (Hines Diehl Road Resubdivision) - PZC 24-1-034 (Item 2 of 4)
 ORD 24-119

 A motion was made by Councilman White, seconded by Councilman Kelly, to
 pass the ordinance approving the rezoning of 1200 E. Diehl from ORI (Office,
 Research and Light Industry District) to OCI (Office, Commercial, and
 Institutional) (Hines Diehl Road Resubdivision). The motion carried by the
 following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White,
 and Wilson

3. Pass the ordinance approving a preliminary plat of subdivision of Hines Diehl Road
 Resubdivision for 1200 E. Diehl Road (Hines Diehl Road Resubdivision) - PZC
 24-1-034 (Item 3 of 4)
 ORD 24-120

 A motion was made by Councilman White, seconded by Councilman Kelly, to
 pass the ordinance approving a preliminary plat of subdivision of Hines Diehl
 Road Resubdivision for 1200 E. Diehl Road (Hines Diehl Road Resubdivision).
 The motion carried by the following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White,
 and Wilson

4. Pass the ordinance approving a conditional use for a planned unit development (PUD)
 and a preliminary PUD plat of Hines Diehl Road Resubdivision with various zoning
 deviations and conditional uses for retail, restaurants, residential, and parking as a
 principal use (Hines Diehl Road Resubdivision) - PZC 24-1-034 (Item 4 of 4)
 ORD 24-121

 A motion was made by Councilman White, seconded by Councilman Kelly, to
 pass the ordinance approving a conditional use for a planned unit development
 (PUD) and a preliminary PUD plat of Hines Diehl Road Resubdivision with various
 zoning deviations and conditional uses for retail, restaurants, residential, and
 parking as a principal use (Hines Diehl Road Resubdivision). The motion carried
 by the following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White,
 and Wilson

5. Conduct the first reading of an ordinance amending Title 6 (Zoning Ordinance) of the
 Naperville Municipal Code to add a new Chapter 17 (Affordable Housing Incentive
 Program)
 SPEAKER
 Mary Beth Nagai (Naperville, DuPage Housing Alliance) spoke in favor of the
 Affordable Housing Incentive (AHIP) program.

 Laff provided an update and summary on the AHIP program. The updated
 ordinance reflects the same zoning incentives Council endorsed in 2023, but is
 expanded to include the agreement and monitoring provisions which are
 required to make the ordinance enforceable. The proposed AHIP provides
 by-right density bonus' and incentives to projects that set aside a minimum
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City Council Meeting Minutes - Final November 5, 2024

 number of affordable housing units for at least 30 years. Qualifying projects
 must include at least 20% of the units as affordable to qualify for incentives.
 Single family zoned properties are excluded from this program and provided no
 additional entitlements are needed projects could be approved administratively
 with no Planning Commission or Council review.

 Council discussed phasing requirements, IHDA’s AHPAA requirements,
 affordable units that have been built voluntarily since 2020, concerns about
 removal of the public review and approval process resulting from by-right
 incentives, the proposed park donation reduction, the ability to make future
 modifications to AHIP following its adoption, and the need for continued
 Council support for the voluntary inclusion of affordable units in residential
 development.

 Laff stated only the phases of the development that include affordable units will
 receive the incentives, if the City falls below the 10% mark there are no
 penalties, it is a goal set by the State, if the ordinance is approved any
 requests for annexation, rezoning, PUD and conditional use would still need
 review by the Planning Commission and Council.

 WRITTEN COMMENT ONLY
 Marilyn L. Schweitzer (Naperville) - Please remove the "Park Land Donation or
 Fee-in-Lieu” and "PUD Outdoor Common Area Requirements” from the “Menu
 of Incentives. The proposed AHIP only applies to Naperville's most dense
 zoning. To further diminish by right park space, park programs, and/or
 common space implies that the mental and physical health of residents in
 densely packed affordable housing is less important than the mental and
 physical health of other residents
 Council conducted the first reading.

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

P. NEW BUSINESS:
 Additional fines for loud mufflers
 Taylor inquired if Council could increase the current fines for loud mufflers.

 Di Santo stated the City is bound by the Illinois Vehicle Code but it does not
 allow to increase fines. The City can create an alternative offense through a
 new ordinance which could include a higher fine.

 By consensus, Council directed staff to include an option for higher fines in the
 report it will be presenting to the Council in the near future for handling loud
 mufflers, equipment and speeding violations throughout the City.


Q. ADJOURNMENT:
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 A motion was made by Councilman White, seconded by Councilman Kelly, to
 adjourn the Regular City Council Meeting of November 5, 2024 at 8:17 p.m. The
 motion carried by a voice vote.




 /S/ Dawn C. Portner
 Dawn C. Portner
 City Clerk




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