City Council — Naperville, IL
Date: 2017-09-19

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



 Meeting Agenda

 City Council

Tuesday, September 19, 2017 7:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - 5:30

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:
 Pledge led by the Girl Scouts of the Islamic Center of Naperville.


F. AWARDS AND RECOGNITIONS:
1. 17-722 Proclaim September as Hunger Action Month


G. PUBLIC FORUM:

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

I. CONSENT AGENDA:
1. 17-700 Approve 08-02-17 thru 08-30-17 Cash Disbursements for $30,997,170.76

2. 17-708 Approve the Regular City Council meeting minutes of September 5, 2017.

3. 17-721 Approve the City Council 5th Avenue/Home Rule Sales Tax Workshop
 Minutes of August 28, 2017.

4. 17-649 Approve the Award of Bid 17-183, 2017 New Sidewalk Improvement
 Program, to Trialta Construction Company for an amount not to exceed
 $236,659, plus a 5% contingency.




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5. 17-698 Approve the Award of Bid 17-158, Rehabilitation of Deep Well #20, to
 Municipal Well and Pump for an amount not to exceed $365,949, plus a
 5% contingency.

6. 17-565 Approve the Award of Cooperative Procurement 17-155, Mobile
 Broadband Data Services, to Verizon Wireless for an amount not to
 exceed $120,000 and for a one-year term.
7. 17-657 Approve the Award of Cooperative Procurement 17-657, Cellular Phone
 Services, to Verizon Wireless for an amount not to exceed $297,500 and
 for a one-year term.

8. 17-691 Approve the Award of Sole Source Procurement 17-187, SunGard Public
 Sector Software Maintenance and Support, to Superion (formerly SunGard
 Public Sector) for the Public Administration and Public Safety modules for
 a combined amount not to exceed $348,229.90.
9. 17-505 Approve the Award of RFP 17-097, Holiday Lighting and Decorations, to
 Holiday Creations Pro, Inc. for an amount not to exceed $195,500 and for a
 two-year term.
10. 17-701 Approve the Award of RFQ 17-159, Polyethylene/PVC Conduit Qualified
 Suppliers, as approved vendors for future spot purchases to Kyle
 Enterprises LLC dba Millenium, Power Line Supply and Universal Utility
 Supply Company of Illinois for an amount not to exceed $925,440 and for a
 three-year term.

11. 17-559 Authorize an additional $160,000 in funding for the Washington Street
 Pedestrian Bridge Improvements (CIP# BR007 and EU12) in accordance
 with the terms of the intergovernmental agreement with the Illinois
 Department of Transportation.

12. 17-659 Authorize an additional $96,000 in funding for the resurfacing of 87th Street
 (CIP# MP009) in accordance with the terms of the intergovernmental
 agreement with the Illinois Department of Transportation.
13. 17-696 Approve the Award of Change Order #2 to Contract 16-215, 2016 Ogden
 Avenue Water Main Replacement, to Martam Construction for an amount
 not to exceed $58,707.42 and a total award of $762,406.72.

14. 17-630 Pass the Ordinance granting variances from Section 6-16-5:2.2.2 (Sign
 Area) and from Section 6-16-5:2.2.4 (Sign Height) to allow for the
 installation of a ground sign at the subject property located at 1568 W.
 Ogden Avenue, Naperville, PZC 17-1-079.




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15. 17-628 Waive the first reading and pass the Ordinance approving a text
 amendment to Municipal Code Section 6-7F (OCI: Office Commercial and
 Institutional District) to permit self-storage facilities, subject to conditions
 (PZC 17-1-090).

16. 17-644 Receive the staff report for Naperville Self Storage located at 2708 Forgue
 Drive, PZC 17-1-073 (Item 1 of 3).

17. 17-645 Pass the Ordinance rezoning the property located at 2708 Forgue Drive
 (Naperville Self-Storage, PZC 17-1-073) from B2 (Community Shopping
 Center District) to OCI (Office Commercial and Institutional District) (Item 2
 of 3).

18. 17-646 Pass the Ordinance approving a major change to the Cantore Place PUD
 for the Final PUD for Lot 2 - Cantore Place Lot 1 Resubdivision, and
 deviations to reduce the parking and loading requirements for Naperville
 Self-Storage (PZC 17-1-073) located at 2708 Forgue Drive (Item 3 of 3).

19. 17-677 Pass the Ordinance amending Title 8 (Public Utilities), Chapter 1
 (Electricity), Article C (Electric Service Rates), Section 4 (Schedule of
 Rates), of the Municipal Code to allow for Primary and Transmission
 Standby Rates.

20. 17-714 Pass the Ordinance to establish Temporary Traffic Controls and issue a
 Special Event Permit for the 2017 Downtown Naperville Trick-or-Treat
 event on Sunday, October 29, 2017.

21. 17-715 Pass the Ordinance to establish Temporary Traffic Controls and issue a
 Special Event Permit to St. Peter and Paul Catholic Church for the
 inaugural Trunk-or-Treat and Oktoberfest event on Friday, October 27,
 2017.

22. 17-716 Adopt the Resolution Accepting Land Cash Property known as Outlot I in
 Atwater Subdivision Phase 1 and Authorizing Conveyance of said Property
 to the Naperville Park District (Requires six positive votes)

23. 17-726 Approve the City Council Meeting schedule for October, November and
 December 2017.

J. PUBLIC HEARINGS:
1. 17-589 Conduct the public hearing to consider the Annexation Agreement for
 Avenida - Naperville located at 504 Commons Road - PZC 16-1-136 (Item
 1 of 7).
2. 17-682 Receive the staff report for Avenida - Naperville located at the southwest
 corner of Mill Street and Commons Road, PZC 16-1-136 (Item 2 of 7).



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3. 17-681 Pass the Ordinance authorizing execution of the Annexation Agreement
 (requires six positive votes), PZC 16-1-136 (Item 3 of 7).

4. 17-683 Pass the Ordinance annexing the Subject Property located at the
 southwest corner of Mill Street and Commons Road (simple majority), PZC
 16-1-136 (Item 4 of 7).

5. 17-590 Pass the Ordinance rezoning the property located at 504 Commons Road
 to OCI (Office, Commercial and Institutional District) - PZC 16-1-136 (Item
 5 of 7).

6. 17-684 Pass the Ordinance approving the Preliminary Plat of Subdivision for
 Avenida, PZC 16-1-136 (Item 6 of 7).

7. 17-591 Pass the Ordinance approving a conditional use in the OCI (Office,
 Commercial and Institutional) Zoning District for multi-family dwelling units
 and variances to 6-7F-5 (OCI: Area Requirements) and 6-9-3:1(Off-Street
 Parking Facilities: Residential Uses) of the Naperville Municipal Code for
 the property located at 504 Commons Road (Avenida) - PZC 16-1-136
 (Item 7 of 7).

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 17-710 Consider the Recommendation of the Historic Preservation Commission
 to Designate the Old Nichols Library located at 110 S. Washington Street
 as a Landmark in Accordance with Section 6-11-3 (Designation of
 Landmarks) of the Naperville Municipal Code - HPC 17-3045 and
 Consider the Owner’s Request to Table the Matter to November 7, 2017.

2. 17-676 Pass the Home Rule Sales Tax and Downtown Food and Beverage Tax
 Ordinances Amending Section 11 of Chapter 1, Title 3, and Amending
 Section 9 of Chapter 1, Title 3 of the Naperville Municipal Code.

3. 17-718 Pass an Ordinance authorizing a delegated sale of General Obligation
 (G.O.) Bonds for an amount not to exceed $8,250,000

4. 17-724 Option 1: Concur with staff and deny the request to approve a minor
 change to Lot 3 of the Riverbrook Center Planned Unit Development to
 approve building elevations for Up North Ale House at the subject property
 located at 1595 North Aurora Road, Naperville - PZC 17-1-098.
 Option 2: Pass the ordinance approving a minor change to Lot 3 of the
 Riverbrook Center Planned Unit Development to approve building
 elevations for Up North Ale House at the subject property located at 1595
 North Aurora Road, Naperville - PZC 17-1-098.



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5. 17-719 Adopt the Resolution Approving Execution of an Agreement between the
 City of Naperville and the Naperville Fire Protection District for Installation
 of Water Main and Acquisition of a Fire Truck.

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:
1. 17-673 Approve the Award of Bid 17-165, Insulated Conductors, to The Okonite
 Company for an amount not to exceed $1,015,295.

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:
1. 17-729 Receive the staff report regarding potential streetscape improvements
 along Ogden Avenue from Washington Street to the City’s eastern
 boundary.

P. NEW BUSINESS:

Q. ADJOURNMENT:
 Any individual with a disability requesting a reasonable accommodation in order to
 participate in a public meeting should contact the Communications Department at least
 48 hours in advance of the scheduled meeting. The Communications Department can
 be reached in person at 400 S. Eagle Street, Naperville, IL., via telephone at
 630-420-6707 or 630-305-5205 (TDD) or via e-mail at info@naperville.il.us. Every effort
 will be made to allow for meeting participation.




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



 Meeting Minutes

 City Council


Tuesday, September 19, 2017 7:00 PM Council Chambers


A. CALL TO ORDER:

 Chirico called the meeting to order at 5:31 p.m.

B. ROLL CALL:
 Present: 9- Mayor Steve Chirico
 Councilwoman Becky Anderson
 Councilwoman Judy Brodhead
 Councilman Kevin Coyne
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilman John Krummen
 Councilwoman Rebecca Obarski
 Councilman Benjamin White

C. CLOSED SESSION - 5:30
 A motion was made by Councilwoman Gustin, seconded by Councilman
 Hinterlong to recess to Closed Session to discuss 120/2(c)(1) Performance of a
 Specific Individual; 120/2(c)(6) Sale of Property; 120/2(c)(21) Approval of Minutes.
 The motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White

OPEN SESSION - 7:00 p.m.

 Chirico called the meeting to order at 7:00 p.m.

D. ROLL CALL:
 Present: 9- Mayor Steve Chirico
 Councilwoman Becky Anderson
 Councilwoman Judy Brodhead
 Councilman Kevin Coyne
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilman John Krummen
 Councilwoman Rebecca Obarski
 Councilman Benjamin White




 Also Present
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City Council Meeting Minutes September 19, 2017

 City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; Deputy City
 Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis;
 Police Chief, Robert Marshall; Director of Finance, Rachel Mayer; Director of
 Human Resources, James Sheehan; Director of IT, Jeff Anderson; Director of
 TED, Bill Novack; Deputy Director of TED, Jennifer Louden; Deputy Director of
 TED, Allison Laff; Director of Public Utilities - Electric, Mark Curran; Director of
 Public Utilities - Water, Jim Holzapfel; Director of Public Works, Dick Dublinski

 Chicago Sun Times, Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 Pledge led by the Girl Scouts of the Islamic Center of Naperville.

F. AWARDS AND RECOGNITIONS:

1. Proclaim September as Hunger Action Month

 Councilwoman Brodhead presented the Proclamation.


G. PUBLIC FORUM:

 City Council Member
 Kurt Dorr requested that Councilwoman Anderson recuse herself from
 discussion on the Old Nichols Library agenda item.

H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE
CONSENT AGENDA:
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to use the Omnibus method to approve the Consent Agenda. The
 motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White

I. CONSENT AGENDA:
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve the Consent Agenda with the exception of item I-11. The
 motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White

1. Approve 08-02-17 thru 08-30-17 Cash Disbursements for $30,997,170.76
 Council approved.


2. Approve the Regular City Council meeting minutes of September 5, 2017.
 Council approved.


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3. Approve the City Council 5th Avenue/Home Rule Sales Tax Workshop Minutes of August
 28, 2017.
 Council approved.


4. Approve the Award of Bid 17-183, 2017 New Sidewalk Improvement Program, to Trialta
 Construction Company for an amount not to exceed $236,659, plus a 5% contingency.
 Council approved.


5. Approve the Award of Bid 17-158, Rehabilitation of Deep Well #20, to Municipal Well
 and Pump for an amount not to exceed $365,949, plus a 5% contingency.
 Council approved.


6. Approve the Award of Cooperative Procurement 17-155, Mobile Broadband Data
 Services, to Verizon Wireless for an amount not to exceed $120,000 and for a one-year
 term.
 Council approved.


7. Approve the Award of Cooperative Procurement 17-657, Cellular Phone Services, to
 Verizon Wireless for an amount not to exceed $297,500 and for a one-year term.
 Council approved.


8. Approve the Award of Sole Source Procurement 17-187, SunGard Public Sector
 Software Maintenance and Support, to Superion (formerly SunGard Public Sector) for the
 Public Administration and Public Safety modules for a combined amount not to exceed
 $348,229.90.
 Council approved.


9. Approve the Award of RFP 17-097, Holiday Lighting and Decorations, to Holiday
 Creations Pro, Inc. for an amount not to exceed $195,500 and for a two-year term.
 Council approved.


10. Approve the Award of RFQ 17-159, Polyethylene/PVC Conduit Qualified Suppliers, as
 approved vendors for future spot purchases to Kyle Enterprises LLC dba Millenium,
 Power Line Supply and Universal Utility Supply Company of Illinois for an amount not to
 exceed $925,440 and for a three-year term.
 Council approved.


11. Authorize an additional $160,000 in funding for the Washington Street Pedestrian Bridge
 Improvements (CIP# BR007 and EU12) in accordance with the terms of the
 intergovernmental agreement with the Illinois Department of Transportation.
 Krummen recused himself to avoid the appearance of impropriety and left the
 dais from 7:17 p.m. - 7:18 p.m.

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 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to authorize. The motion carried by the following vote:

 Aye: 8- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Obarski, and White

 Recused: 1- Krummen


12. Authorize an additional $96,000 in funding for the resurfacing of 87th Street (CIP#
 MP009) in accordance with the terms of the intergovernmental agreement with the Illinois
 Department of Transportation.
 Council authorized.


13. Approve the Award of Change Order #2 to Contract 16-215, 2016 Ogden Avenue Water
 Main Replacement, to Martam Construction for an amount not to exceed $58,707.42 and
 a total award of $762,406.72.
 Council approved.


14. Pass the Ordinance granting variances from Section 6-16-5:2.2.2 (Sign Area) and from
 Section 6-16-5:2.2.4 (Sign Height) to allow for the installation of a ground sign at the
 subject property located at 1568 W. Ogden Avenue, Naperville, PZC 17-1-079.


 This Ordinance was passed.

 Enactment No: ORD 17-134


15. Waive the first reading and pass the Ordinance approving a text amendment to Municipal
 Code Section 6-7F (OCI: Office Commercial and Institutional District) to permit
 self-storage facilities, subject to conditions (PZC 17-1-090) .


 This Ordinance was passed.

 Enactment No: ORD 17-135


16. Receive the staff report for Naperville Self Storage located at 2708 Forgue Drive, PZC
 17-1-073 (Item 1 of 3).
 This report was received.


17. Pass the Ordinance rezoning the property located at 2708 Forgue Drive (Naperville
 Self-Storage, PZC 17-1-073) from B2 (Community Shopping Center District) to OCI
 (Office Commercial and Institutional District) (Item 2 of 3).


 This Ordinance was passed.

 Enactment No: ORD 17-136



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18. Pass the Ordinance approving a major change to the Cantore Place PUD for the Final
 PUD for Lot 2 - Cantore Place Lot 1 Resubdivision, and deviations to reduce the parking
 and loading requirements for Naperville Self-Storage (PZC 17-1-073) located at 2708
 Forgue Drive (Item 3 of 3).


 This Ordinance was passed.

 Enactment No: ORD 17-137


19. Pass the Ordinance amending Title 8 (Public Utilities), Chapter 1 (Electricity), Article C
 (Electric Service Rates), Section 4 (Schedule of Rates), of the Municipal Code to allow
 for Primary and Transmission Standby Rates.
 This Ordinance was passed.

 Enactment No: ORD 17-138


20. Pass the Ordinance to establish Temporary Traffic Controls and issue a Special Event
 Permit for the 2017 Downtown Naperville Trick-or-Treat event on Sunday, October 29,
 2017.


 This Ordinance was passed.

 Enactment No: ORD 17-139


21. Pass the Ordinance to establish Temporary Traffic Controls and issue a Special Event
 Permit to St. Peter and Paul Catholic Church for the inaugural Trunk-or-Treat and
 Oktoberfest event on Friday, October 27, 2017.


 This Ordinance was passed.

 Enactment No: ORD 17-140


22. Adopt the Resolution Accepting Land Cash Property known as Outlot I in Atwater
 Subdivision Phase 1 and Authorizing Conveyance of said Property to the Naperville Park
 District (Requires six positive votes)


 This Resolution was passed.

 Enactment No: RES 17-35


23. Approve the City Council Meeting schedule for October, November and December 2017.
 Council approved.




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 Councilman Krummen made a motion, seconded by Councilman
 Hinterlong, to move agenda item L1 to before J1. The motion carried by
 the following vote:

 Aye: 9 - Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen,
 Obarski, and White


L. ORDINANCES AND RESOLUTIONS:

1. Consider the Recommendation of the Historic Preservation Commission to Designate
 the Old Nichols Library located at 110 S. Washington Street as a Landmark in
 Accordance with Section 6-11-3 (Designation of Landmarks) of the Naperville Municipal
 Code - HPC 17-3045 and Consider the Owner’s Request to Table the Matter to
 November 7, 2017.
 DiSanto responded to the Public Forum speaker, Kurt Dorr, and explained that
 a conflict is not created because one of the Petitioners is related to a
 Councilmember.

 Barb Hower, Petitioner, discussed the request to designate Old Nichols Library
 landmark status.

 Charlie Wilkins, Petitioner, discussed the request to designate Old Nichols
 Library landmark status.

 Kevin Carrara, Attorney for Property Owners, introduced clients Dwight Avram
 and Jeff Brown, and project architects Mike Elliot and Kevin Peterson.

 Dwight Avram, Owner, explained that the intent has never been to demolish the
 building.

 Jeff Brown, Owner, stated the petition for development approval that was
 submitted to the Planning and Zoning Commission is being withdrawn with the
 intent to submit a revised petition. He gave a history of Nichols Library,
 explained details of the warranty deed restrictions and zoning requirements, and
 spoke in favor of tabling the item and working toward a solution.

 Carrara explained the intent to preserve the building's facade, reviewed the
 1994 building evaluation conducted by staff, the City's decision to sell the
 property, that covenants protect the Washington Street facade and foyer, the
 documents do not discuss landmark status, and the City has never forced
 landmark status.

 Councilman Krummen made a motion, seconded by Councilwoman Anderson,
 to extend the public comment period to two hours. The motion carried by the
 following vote:

 Aye: 9 - Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen,
 Obarski, and White


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 Tom Miers, Naperville, spoke in favor of tabling the item.

 Gail Strive, Naperville, spoke in favor of tabling the item.

 Steve Cushman, Naperville, spoke in favor of tabling the item.

 Pat Richards, Lisle, spoke in favor of redevelopment.

 Jessica Sul, spoke in favor of tabling the item.

 Jennifer Scavone, spoke in favor of designating landmark status.

 Bill Habel, spoke against designating landmark status.

 Ryan McIntyre, spoke against designating landmark status.

 Josh McBroom, spoke against designating landmark status.

 Christine Kitchel, spoke against designating landmark status.

 Kleo Jendo, Naperville, spoke against designating landmark status.

 Bryan Ogg, spoke in favor of designating landmark status.

 Jin Ma, spoke against designating landmark status.

 Kurt Dorr, spoke in favor of tabling the item.

 Marilyn Schweitzer, spoke in favor of designating landmark status.

 Jim Hill, spoke in favor of tabling the item or voting against landmark status.

 Chris Finck, spoke in favor of tabling the item.

 Peter Wang, discussed the flooding problems with the building.

 Ron Amato, spoke in favor of tabling the item or voting against landmark status.

 Jane Burk, spoke in favor of designating landmark status.

 George Howard, spoke in favor of designating landmark status.

 Ronald Keller, spoke in favor of designating landmark status.

 Doris Wood, spoke in favor of designating landmark status.

 Ann Lord, spoke in favor of designating landmark status.

 Jeff Kilinsky, spoke against designating landmark status.

 Steve Caton, spoke against designating landmark status.

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 Thom Higgins, spoke in favor of designating landmark status.

 Bill Simon, spoke in favor of designating landmark status.

 Becky Simon, spoke in favor of designating landmark status.

 Angelica Van Dyke, spoke against designating landmark status.

 State Representative Grant Wehrli, spoke in favor of tabling the item.

 Joe McElroy, spoke in favor of designating landmark status.

 Anissa Olley, spoke in favor of designating landmark status.

 The meeting recessed from 8:59 p.m. - 9:06 p.m.

 Keith Klingeman, spoke in favor of designating landmark status.

 Samuel Schleif, Truth Lutheran Church, spoke in favor of tabling the item.

 Dick Furstenau, spoke in favor of designating landmark status.

 Bruce Hanson, spoke in favor of tabling the item.

 Steve Deutsch, spoke in favor of tabling the item.

 Dave Wentz, spoke in favor of tabling the item or voting against landmark
 status.

 Donna Sack, spoke in favor of designating landmark status.

 Kevin Peterson, Project Architect, discussed potential redevelopment options
 and addressed parking concerns.

 Carrara stated that tabling the item allows for an opportunity to discuss multiple
 options and that a landmark status decision should not be rushed.

 Charlie Wilkins discussed historic preservation tax credits eligibility, the
 appropriateness of designating landmark status to Old Nichols Library, reviewed
 landmark status criteria, and asked the Council to vote on the landmark
 application because it is separate from development proposals.

 Council discussed the U.S. Constitution, potential legal action, the City's
 Mission Statement and Ends Policies, and finding a solution that is acceptable
 to everyone.

 Debbie Grinnell, discussed details of historic federal tax credits, Historic
 Preservation Commission deliberation, and that it is irrelevant whether the
 building is moved before or after landmark status is granted.


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 Council discussed preservation, finding a solution to honor the building while
 acknowledging property owner rights, that Naperville has never forcibly
 landmarked a property, litigation exposure, and appropriateness of giving the
 owner and developer more time to present ideas.

 DiSanto explained the process of moving a building via a Certificate of
 Appropriateness and that this process was followed when the Clow House was
 relocated.

 Council discussed the 2030 Plan, property covenants, the city's culture,
 diversity in the downtown, heritage preservation, and quality of life. Council
 explained that landmark status will give the developer certainty and parameters,
 questioned the impact of development on Central Park, repurposing the
 building, the viability of moving the building, and that the development application
 has been withdrawn.

 DiSanto explained that given the law and the existence of the covenants and
 restrictions a lawsuit alleging a regulatory taking is unlikely to be successful,
 however, there has been some disagreement in the courts.

 A motion was made by Councilwoman Obarski, seconded by Councilwoman
 Brodhead, to accept the Historic Preservation Commission's recommendation
 to designate landmark status to Old Nichols Library.

 Chirico invoked Council Rules.

 Councilwoman Obarski made a motion, seconded by Councilwoman Brodhead,
 to overrule Council Rules. The motion carried by the following vote:

 Aye: 8 - Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski,
 and White

 Nay: 1 - Chirico

 DiSanto clarified that the City Council has authority over covenant restrictions
 and can hear appeals from the Historic Preservation Commission.


 A motion was made by Councilwoman Obarski, seconded by Councilwoman
 Brodhead, to accept the Historic Preservation Commission's recommendation to
 designate landmark status to Old Nichols Library. The motion carried by the
 following vote:

 Aye: 6- Anderson, Brodhead, Gustin, Hinterlong, Krummen, and Obarski

 Nay: 3- Chirico, Coyne, and White

 Enactment No: ORD 17-141




 The meeting recessed from 10:23 p.m. - 10:32 p.m.


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 At 10:32 Hinterlong made a motion, seconded by Councilwoman Gustin to
 extend the meeting to 12:00 a.m. The motion carried by the following
 vote:

 Aye: 8 - Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Obarski, and
 White
 Absent: 1 - Krummen


J. PUBLIC HEARINGS:

1. Conduct the public hearing to consider the Annexation Agreement for Avenida -
 Naperville located at 504 Commons Road - PZC 16-1-136 (Item 1 of 7).
 Chirico opened the Public Hearing at 10:32 p.m.

 Russ Whitaker, Attorney for Petitioner, described the request for annexation,
 rezoning to OCI (Office, Commercial, and Institutional District), approval of a
 preliminary plat of subdivision and conditional use for multi-family dwelling units,
 a variance to reduce the required lot area, and a variance to reduce the required
 number of off-street parking spaces. He explained the Petitioner intends to
 construct a 146 unit multi-family residential, age-restricted rental community
 consisting of 57 one-bedroom units and 89 two-bedroom units.

 Jim Hill, spoke in favor of the development.

 Justin Philpott, spoke against the proposed variances.

 John P. McGleam, Jr., spoke against the proposed variances.

 Jason Xi, spoke against the proposed variances.

 Mike Zhou, spoke against the proposed variances.

 Jun Hao, spoke against the proposed variances.

 Dick Furstenau, spoke against the proposed variances.

 Carl Skrabacz, spoke in favor of the development.

 Ian Carrus, spoke in favor of the development.

 Kelly Fessler, spoke in favor of the development if it follows OCI regulations.

 Carl Christensen, spoke against the proposed development.

 Whitaker responded by explaining variances granted to other age-restricted
 communities, that Monarch Landing has less parking than what is being
 proposed, professional parking guidelines have been exceeded, the masonry

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 requirement has been exceeded, there are similar senior communities zoned
 OCI, the developer is amenable to installing a fence, and that this development
 is designed to be a social community.

 Laff explained remedies in the parking ordinance.

 Council discussed parking spaces, zoning ordinances, landscape, number of
 units, and fence installation.

 Councilman Coyne made a motion, seconded by Councilman Hinterlong,
 to close the Public Hearing at 11:36. The motion carried by the following
 vote:

 Aye: 9 - Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen,
 Obarski, and White




2. Receive the staff report for Avenida - Naperville located at the southwest corner of Mill
 Street and Commons Road, PZC 16-1-136 (Item 2 of 7).
 A motion was made by Councilman Coyne, seconded by Councilwoman
 Brodhead, to receive the report. The motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White

3. Pass the Ordinance authorizing execution of the Annexation Agreement ( requires six
 positive votes), PZC 16-1-136 (Item 3 of 7).
 A motion was made by Councilman Coyne, seconded by Councilwoman
 Brodhead, to pass the Ordinance. The motion carried by the following vote:

 Aye: 6- Chirico, Brodhead, Coyne, Hinterlong, Krummen, and White

 Nay: 3- Anderson, Gustin, and Obarski

 Enactment No: ORD 17-142


4. Pass the Ordinance annexing the Subject Property located at the southwest corner of Mill
 Street and Commons Road ( simple majority), PZC 16-1-136 (Item 4 of 7).
 A motion was made by Councilman Coyne, seconded by Councilwoman
 Brodhead, to pass the Ordinance. The motion carried by the following vote:

 Aye: 6- Chirico, Brodhead, Coyne, Hinterlong, Krummen, and White

 Nay: 3- Anderson, Gustin, and Obarski

 Enactment No: ORD 17-143



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City Council Meeting Minutes September 19, 2017

5. Pass the Ordinance rezoning the property located at 504 Commons Road to OCI (Office,
 Commercial and Institutional District) - PZC 16-1-136 (Item 5 of 7).
 A motion was made by Councilman Coyne, seconded by Councilwoman
 Brodhead, to pass the Ordinance. The motion carried by the following vote:

 Aye: 6- Chirico, Brodhead, Coyne, Hinterlong, Krummen, and White

 Nay: 3- Anderson, Gustin, and Obarski

 Enactment No: ORD 17-144


6. Pass the Ordinance approving the Preliminary Plat of Subdivision for Avenida, PZC
 16-1-136 (Item 6 of 7).
 A motion was made by Councilman Coyne, seconded by Councilwoman
 Brodhead, to pass the Ordinance. The motion carried by the following vote:

 Aye: 6- Chirico, Brodhead, Coyne, Hinterlong, Krummen, and White

 Nay: 3- Anderson, Gustin, and Obarski

 Enactment No: ORD 17-145


7. Pass the Ordinance approving a conditional use in the OCI (Office, Commercial and
 Institutional) Zoning District for multi-family dwelling units and variances to 6-7F-5 (OCI:
 Area Requirements) and 6-9-3:1(Off-Street Parking Facilities: Residential Uses) of the
 Naperville Municipal Code for the property located at 504 Commons Road (Avenida) -
 PZC 16-1-136 (Item 7 of 7).
 A motion was made by Councilman Coyne, seconded by Councilwoman
 Brodhead, to pass the Ordinance. The motion carried by the following vote:

 Aye: 6- Chirico, Brodhead, Coyne, Hinterlong, Krummen, and White

 Nay: 3- Anderson, Gustin, and Obarski

 Enactment No: ORD 17-146

ORDINANCES AND RESOLUTIONS:



 At 11:41 p.m. Councilman Krummen made a motion, seconded by
 Councilwoman Gustin to extend the meeting to 1:00 a.m. The motion
 carried by the following vote:

 Aye: 9 - Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen,
 Obarski, and White




2. Pass the Home Rule Sales Tax and Downtown Food and Beverage Tax Ordinances

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City Council Meeting Minutes September 19, 2017

 Amending Section 11 of Chapter 1, Title 3, and Amending Section 9 of Chapter 1, Title 3
 of the Naperville Municipal Code.
 Colin Dalough, Naperville Area Chamber of Commerce, spoke against the
 proposed home rule sales tax.

 Kris Hartner, spoke against the proposed home rule sales tax.

 Nicki Anderson, President and CEO of Naperville Area Chamber of Commerce,
 spoke against the proposed home rule sales tax.

 Dick Furstenau, spoke against the proposed home rule sales tax.

 Council discussed the recommendation of the Financial Advisory Board, the
 need to review expenditures prior to raising the tax, the current budget
 obligations, that sales tax does not impact groceries or prescription drugs, that
 a sales tax places half the burden on visitors, that a portion of the increase
 could be implemented now and then revisited after the budget process but the
 City will not realize six months of revenue.

 Krieger explained that a .5% sales tax will add $2M to the anticipated budget gap
 for 2018, the property tax would need to be increased, and cuts in all
 departments will be necessary. He stated that the cost of service cuts would
 reduce the property tax accordingly.
 A motion was made by Councilman Krummen, seconded by Councilman
 Hinterlong, that this agenda item be passed as amended to retain a .5% Home
 Rule Sales Tax with a sunset date of December 2019. The motion carried by the
 following vote:

 Aye: 5- Coyne, Gustin, Hinterlong, Krummen, and White

 Nay: 4- Chirico, Anderson, Brodhead, and Obarski

 Enactment No: ORD 17-147


3. Pass an Ordinance authorizing a delegated sale of General Obligation (G.O.) Bonds for
 an amount not to exceed $8,250,000
 Councilman Hinterlong made a motion, seconded by Councilwoman Gustin, to
 pass the Ordinance. The motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White

 Enactment No: ORD 17-148


4. Option 1: Concur with staff and deny the request to approve a minor change to Lot 3 of
 the Riverbrook Center Planned Unit Development to approve building elevations for Up
 North Ale House at the subject property located at 1595 North Aurora Road, Naperville -
 PZC 17-1-098.
 Option 2: Pass the ordinance approving a minor change to Lot 3 of the Riverbrook Center
 Planned Unit Development to approve building elevations for Up North Ale House at the
 subject property located at 1595 North Aurora Road, Naperville - PZC 17-1-098.
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 Jennifer Nemec, Petitioner and Ideation Studio, reviewed the request for
 approval of building elevations for the Up North Ale House.
 Councilwoman Obarski made a motion, seconded by Councilwoman Anderson,
 to pass the Ordinance for Option 2. The motion carried by the following vote:

 Aye: 6- Chirico, Anderson, Brodhead, Coyne, Obarski, and White

 Nay: 3- Gustin, Hinterlong, and Krummen

 Enactment No: ORD 17-149


5. Adopt the Resolution Approving Execution of an Agreement between the City of
 Naperville and the Naperville Fire Protection District for Installation of Water Main and
 Acquisition of a Fire Truck.
 A motion was made by Councilwoman Obarski, seconded by Councilman
 Hinterlong, to adopt the Resolution. The motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White

 Enactment No: RES 17-36

K. OLD BUSINESS:

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

1. Approve the Award of Bid 17-165, Insulated Conductors, to The Okonite Company for an
 amount not to exceed $1,015,295.
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to approve the award. The motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

1. Receive the staff report regarding potential streetscape improvements along Ogden
 Avenue from Washington Street to the City’s eastern boundary.
 A motion was made by Councilman Hinterlong, seconded by Councilman
 Krummen, to receive the report. The motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White

P. NEW BUSINESS:

 None

Q. ADJOURNMENT:

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City Council Meeting Minutes September 19, 2017


 A motion was made by Councilman Krummen, seconded by Councilman
 Hinterlong, to adjourn the Regular City Council meeting of September 19, 2017 at
 12:15 a.m. The motion carried by the following vote:

 Aye: 9- Chirico, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski, and
 White




 /S/ Pam Gallahue
 Pam Gallahue, PhD
 City Clerk




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