City Council — Naperville, IL
Date: 2020-08-18

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



 Meeting Agenda

 City Council

Tuesday, August 18, 2020 7:00 PM On Zoom - Open agenda to see cable, phone &
 streaming options



On Friday, June 12, 2020, an amendment to the Open Meetings Act was signed into law. This
new law replaces the gubernatorial executive order concerning the Open Meetings Act and
allows public bodies to temporarily conduct meetings remotely during a state of emergency,
subject to certain requirements, including a determination by the head of the public body that an
in-person meeting is not practical or prudent.

On Tuesday, June 16, 2020, Mayor Chirico issued an executive order determining that in-person
meetings of the City Council and the City’s boards and commissions are not currently practical or
prudent due to the COVID-19 pandemic.
TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE:
• Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-WOW, Ch. 10 - Comcast,
Ch. 99 - AT&T)
• Watch online at https://naperville.legistar.com
• Listen by telephone (audio only) – registration to receive dial-in phone number required by
calling the City Clerk’s Office, (630) 305-5300, by 5 p.m. on August 18

TO SUBMIT PUBLIC COMMENT IN THE MEETING:
To address the City Council via Zoom and provide public comment, members of the public must
register by 5 p.m. on August 18 at: www.naperville.il.us/speakersignup

The public may choose to provide public comment in any of the following ways:
1. Submit a written comment to the City in advance of the City Council meeting (by 5 p.m. on
August 18) to be read into the public record during the City Council meeting by a member of staff.
2. Submit a one-word statement of “SUPPORT” or “OPPOSITON” regarding a specific agenda
item to be read into the public record during the City Council meeting by a member of staff.
3. Address the City Council live during the City Council meeting via spoken audio. Individuals
who want to address the Council live must sign up to speak in advance of the City Council
meeting (by 5 p.m. on August 18).
Once signed up, the individual will receive an email from the City Clerk’s Office after the sign-up
time ends with information about how to join the meeting.
• Online sign-up closes at 5 p.m. on August 18, at which time no other speakers or comments will
be accepted.




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City Council Meeting Agenda August 18, 2020



PUBLIC ACCOMMODATION:
• Any individual who would prefer to listen to the meeting by telephone, to speak during the
meeting by telephone, or who may require an accommodation to listen to or participate in the
meeting, should contact the City Clerk at (630) 305-5300, by 5 p.m. on August 18.
• Questions regarding online sign-up may be directed to the City Clerk’s Office by calling (630)
305-5300.

PARTICIPATION GUIDELINES:
The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the
Naperville Municipal Code.

• ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive
comments and
constructive criticism are encouraged. Speakers must refrain from harassing or directing threats
or personal attacks at Council members, staff, other speakers or members of the public.
Comments made to intentionally disrupt the meeting may be managed as necessary to maintain
appropriate decorum and allow for city business to be accomplished.

• SPEAKER TIME LIMITS: Speakers must limit their remarks to no more than three minutes.
Petitioners may speak on an agenda item first and have up to 10 minutes and are also granted a
five-minute rebuttal once all other speakers have commented.

• IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the City
Council meeting. Once your name is called you may identify yourself for the public record and
then address remarks to the City Council as a whole. Speak clearly and try to limit remarks
directly to the matter under discussion. Speakers are called in the order they sign up.

A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - CANCELED

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:

F. AWARDS AND RECOGNITIONS:
1. 20-885 Proclaim August 26, 2020 as the Centennial Anniversary of Women’s
 Suffrage



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City Council Meeting Agenda August 18, 2020


2. 20-931 Proclaim August 26, 2020 as Naperville’s Herstory Day in celebration of
 women and their contributions to our City

G. PUBLIC FORUM:

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

I. CONSENT AGENDA:
1. 20-878 Approve the cash disbursements for the period of 06/30/2020 through
 07/31/2020, for a total of $34,295,846.33

2. 20-909 Approve the regular City Council meeting minutes of August 4, 2020

3. 20-915 Approve the release of certain designated Closed Session meeting
 minutes and continue to maintain the confidentiality of all other unreleased
 Closed Session meeting minutes

4. 20-922 Approve the City Council meeting schedule for September, October &
 November 2020

5. 20-415C Award of Cooperative Procurement 20-154, Unit 238 and 293 Equipment
 Replacement, to JX Peterbilt for an amount not to exceed $403,388.97
6. 20-831 Waive the applicable provisions of the Naperville Procurement Code in
 order to establish pricing for the 2020/21 winter season and award
 Procurement 20-289, Roadway Snow Removal, to certain contractors for
 an amount not to exceed $390,000, and for the period of October 1, 2020
 through April 30, 2021 (requires 6 positive votes)

7. 20-856 Approve the award of Option Year Two to Contract 18-260, Cartage
 Services, to International Hauling and Excavating Inc. for an amount not to
 exceed $162,500

8. 20-858 Approve the award of Option Year Three to Contract 17-182, Security
 Camera Installation, to Pace Systems for an amount not to exceed
 $350,000 plus a 5% contingency
9. 20-906 Approve the award of Bid 20-255, 2020 Roofing Improvements, to L.
 Marshall, Inc. for an amount not to exceed $157,400, plus a 5%
 contingency

10. 20-813 Approve the award of Change Order 1 to Option Year 3 of Contract
 17-077, Heating, Ventilation, Air Conditioning and Dehumidification
 Services to Beery Heating and Cooling for an amount not to exceed
 $13,230 and a total award of $231,680



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11. 20-886 Approval of Mayoral Appointment to the Police Pension Fund Board

12. 20-884 Accept the public underground improvements at Clow Creek Farm and
 Freedom Plaza and authorize the City Clerk to reduce the corresponding
 public improvement surety.

13. 20-802C Pass the ordinance granting a variance to the front yard setback
 requirements in order to construct a porch for the property located at 421
 School Street - PZC 20-1-043.

14. 20-871B Pass the ordinance granting a variance to permit an 8’ tall privacy fence for
 the property located at 4040-4044 Ashwood Park Court, Naperville - PZC
 20-1-055

15. 20-869B Pass the ordinance granting a variance to the driveway tapering
 requirements in order to expand the driveway for the property located at 26
 W. 8th Avenue - PZC 20-1-058.

16. 20-907 Pass the ordinance approving an amendment to the City of Naperville
 Annual Budget for Calendar Year 2020 in the amount of $950,000 for the
 purchase of 329-333 Center Street. (requires six positive votes)

17. 20-912 Pass the ordinance approving a minor change to the conditional use for an
 automobile repair facility approved by Ordinance 20-031 for the subject
 property located at 2643 Forgue Drive (Firestone - Naperville) - PZC
 20-1-066

18. 20-913 Pass the ordinance approving a minor change to the CityGate Centre III
 Planned Unit Development approved by Ordinance 20-044 for the subject
 property located at Lots 2 & 3 of CityGate Centre, Naperville - PZC
 20-1-063

19. 20-916 Pass the ordinance granting a temporary use to allow for outdoor services
 at Our Saviour’s Evangelical Lutheran Church at 919 S. Washington Street.

20. 20-918 Receive the staff report for the 77th Street Project located at 24W560 77th
 Street, Naperville, PZC 19-1-140 (Item 1 of 3)

21. 20-920 Pass the ordinance approving the Final Plat of Subdivision and OAA for
 the 77th Street Project located at 24W560 77th Street -PZC 19-1-140
 (Item 2 of 3)

22. 20-921 Pass the ordinance approving a variance to the Naperville Design Manual
 for Public Improvements for the 77th Street Project located at 24W560
 77th Street - PZC 19-1-140 (Item 3 of 3)

23. 20-883 Adopt the resolution authorizing a workers’ compensation settlement with
 Jody Jones


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J. PUBLIC HEARINGS:
1. 20-890 Receive the staff report regarding the properties located at 1255 E Ogden
 Avenue and 1187 E Ogden Avenue (Costco Final) - PZC 20-1-047 (Item 1
 of 4)
2. 20-904 Conduct the public hearing regarding the vacation of a portion of the Diehl
 Road right-of-way (Costco Final) - PZC 20-1-047 (Item 2 of 4)
3. 20-891 Pass the ordinance approving the plat of vacation of a portion of the Diehl
 Road right-of-way (Costco Final) - PZC 20-1-047 (Item 3 of 4) (six positive
 votes are required)

4. 20-892 Pass the ordinance approving the final plat of subdivision for Kirkland
 Ogden (Costco Final) - PZC 20-1-047 (Item 4 of 4)

5. 20-908 Conduct the Public Hearing for proposed Special Service Area No. 33
 (Downtown Maintenance and Marketing)

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 20-834B Pass the ordinance adding a new Chapter 18 (Short-Term Residential
 Rentals) to Title 3 (Business and License Regulations) of the Naperville
 Municipal Code

2. 20-784C Pass the ordinance repealing Chapter 17 (Cannabis Business
 Establishments Prohibited) of Title 3 (Business and License Regulations)
 and amending various Chapters of Title 6 (Zoning Ordinance) related to
 Cannabis Facilities - PZC 20-1-053.

3. 20-357 Adopt the resolution authorizing a covenant incentive agreement between
 the City of Naperville and Little Friends for the preservation of the Kroehler
 Mansion

4. 20-926 Receive the August 2020 Financial Report and approve actions providing
 financial flexibility in the 2020 and 2021 budgets (Item 1 of 2)
5. 20-928 Waive the first reading and pass the ordinance amending Section 11
 (Home Rule Municipal Retailers’ Occupation Tax and Home Rule Municipal
 Service Occupation Tax) and Section 9 (Food and Beverage Taxes) of
 Chapter 1 (Municipal Occupation Taxes), Title 3 (Business and License
 Regulations) of the Naperville Municipal Code (Item 2 of 2; requires six
 positive votes)

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:


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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 630-305-5205 (TDD) or via e-mail at info@naperville.il.us. Every effort
 will be made to allow for meeting participation.




City of Naperville Page 6 Printed on 8/14/2020

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



 Meeting Minutes

 City Council


Tuesday, August 18, 2020 7:00 PM
 On Zoom - Open agenda to see cable, phone & streaming
 options

On Friday, June 12, 2020, an amendment to the Open Meetings Act was signed into law. This
new law replaces the gubernatorial executive order concerning the Open Meetings Act and allows
public bodies to temporarily conduct meetings remotely during a state of emergency, subject to
certain requirements, including a determination by the head of the public body that an in-person
meeting is not practical or prudent.

On Tuesday, June 16, 2020, Mayor Chirico issued an executive order determining that in-person
meetings of the City Council and the City’s boards and commissions are not currently practical or
prudent due to the COVID-19 pandemic.
TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE:
• Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-WOW, Ch. 10 - Comcast, Ch.
99 - AT&T)
• Watch online at https://naperville.legistar.com
• Listen by telephone (audio only) – registration to receive dial-in phone number required by
calling the City Clerk’s Office, (630) 305-5300, by 5 p.m. on August 18

TO SUBMIT PUBLIC COMMENT IN THE MEETING:
To address the City Council via Zoom and provide public comment, members of the public must
register by 5 p.m. on August 18 at: www.naperville.il.us/speakersignup

The public may choose to provide public comment in any of the following ways:
1. Submit a written comment to the City in advance of the City Council meeting (by 5 p.m. on
August 18) to be read into the public record during the City Council meeting by a member of staff.
2. Submit a one-word statement of “SUPPORT” or “OPPOSITON” regarding a specific agenda
item to be read into the public record during the City Council meeting by a member of staff.
3. Address the City Council live during the City Council meeting via spoken audio. Individuals who
want to address the Council live must sign up to speak in advance of the City Council meeting (by
5 p.m. on August 18).
Once signed up, the individual will receive an email from the City Clerk’s Office after the sign-up
time ends with information about how to join the meeting.
• Online sign-up closes at 5 p.m. on August 18, at which time no other speakers or comments will
be accepted.




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City Council Meeting Minutes August 18, 2020

PUBLIC ACCOMMODATION:
• Any individual who would prefer to listen to the meeting by telephone, to speak during the
meeting by telephone, or who may require an accommodation to listen to or participate in the
meeting, should contact the City Clerk at (630) 305-5300, by 5 p.m. on August 18.
• Questions regarding online sign-up may be directed to the City Clerk’s Office by calling (630)
305-5300.

PARTICIPATION GUIDELINES:
The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the
Naperville Municipal Code.

• ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive
comments and
constructive criticism are encouraged. Speakers must refrain from harassing or directing threats
or personal attacks at Council members, staff, other speakers or members of the public.
Comments made to intentionally disrupt the meeting may be managed as necessary to maintain
appropriate decorum and allow for city business to be accomplished.

• SPEAKER TIME LIMITS: Speakers must limit their remarks to no more than three minutes.
Petitioners may speak on an agenda item first and have up to 10 minutes and are also granted a
five-minute rebuttal once all other speakers have commented.

• IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the City
Council meeting. Once your name is called you may identify yourself for the public record and
then address remarks to the City Council as a whole. Speak clearly and try to limit remarks
directly to the matter under discussion. Speakers are called in the order they sign up.

A. CALL TO ORDER:

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

B. ROLL CALL:

C. CLOSED SESSION - CANCELED

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:
 Present: 9- Mayor Steve Chirico
 Councilwoman Judith Brodhead
 Councilman Kevin Coyne
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilman Patrick Kelly
 Councilman John Krummen
 Councilwoman Theresa Sullivan
 Councilman Benjamin White


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City Council Meeting Minutes August 18, 2020




 Also Present
 City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; City
 Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis;
 Police Chief, Robert Marshall; Director of Finance, Rachel Mayer; Director of
 Human Resources, James Sheehan; Director of IT, Jacqueline Nguyen;
 Director of TED, Bill Novack; Deputy Director of TED, Jennifer Louden; Deputy
 Director of TED, Allison Laff; Director of Public Utilities - Electric, Lucy
 Podlesny; Director of Public Utilities - Water, Darrell Blenniss, Jr.; Director of
 Public Works, Dick Dublinski; Communications Manager, Linda LaCloche

 Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 The pledge was given.

F. AWARDS AND RECOGNITIONS:

1. Proclaim August 26, 2020 as the Centennial Anniversary of Women’s Suffrage

 Councilwoman Brodhead presented the Proclamation recognizing August
 26, 2020 as the Centennial Anniversary of Women’s Suffrage to the
 League of Women Voters.

 SPEAKER
 Becky Simon (League of Women Voters of Naperville) discussed the
 women’s suffrage movement.
 Mary Lou Wehrli discussed local women in office through the years.
 Amy Chavez discussed the women’s suffrage movement.


2. Proclaim August 26, 2020 as Naperville’s Herstory Day in celebration of women and their
 contributions to our City
 Councilwoman Gustin presented the Proclamation recognizing August 26,
 2020 as Naperville’s HERstory Day to Naper Settlement.

 POSITION
 Sally Pentecost - SUPPORT
 Len Monson - SUPPORT

 SPEAKER
 Macarena Tamayo-Calabrese (Naper Settlement) discussed women’s
 stories over the years and the HERstory 2020 program.



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City Council Meeting Minutes August 18, 2020


G. PUBLIC FORUM:

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

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

I. CONSENT AGENDA:

Approval of the Consent Agenda

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to approve the Consent Agenda with the exception of items I16, I17, and
 I19. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


1. Approve the cash disbursements for the period of 06/30/2020 through 07/31/2020, for a
 total of $34,295,846.33
 Council approved.


2. Approve the regular City Council meeting minutes of August 4, 2020

 Council approved.


3. Approve the release of certain designated Closed Session meeting minutes and
 continue to maintain the confidentiality of all other unreleased Closed Session meeting
 minutes
 Council approved.


4. Approve the City Council meeting schedule for September, October & November 2020

 Council approved.


5. Award of Cooperative Procurement 20-154, Unit 238 and 293 Equipment Replacement,
 to JX Peterbilt for an amount not to exceed $403,388.97
 Council approved.


6. Waive the applicable provisions of the Naperville Procurement Code in order to establish
 pricing for the 2020/21 winter season and award Procurement 20-289, Roadway Snow
 Removal, to certain contractors for an amount not to exceed $390,000, and for the period
 of October 1, 2020 through April 30, 2021 (requires 6 positive votes)
 Council approved.


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7. Approve the award of Option Year Two to Contract 18-260, Cartage Services, to
 International Hauling and Excavating Inc. for an amount not to exceed $162,500
 Council approved.


8. Approve the award of Option Year Three to Contract 17-182, Security Camera
 Installation, to Pace Systems for an amount not to exceed $350,000 plus a 5%
 contingency
 Council approved.


9. Approve the award of Bid 20-255, 2020 Roofing Improvements, to L. Marshall, Inc. for an
 amount not to exceed $157,400, plus a 5% contingency
 Council approved.


10. Approve the award of Change Order 1 to Option Year 3 of Contract 17-077, Heating,
 Ventilation, Air Conditioning and Dehumidification Services to Beery Heating and
 Cooling for an amount not to exceed $13,230 and a total award of $231,680
 Council approved.


11. Approval of Mayoral Appointment to the Police Pension Fund Board

 Council approved.


12. Accept the public underground improvements at Clow Creek Farm and Freedom Plaza
 and authorize the City Clerk to reduce the corresponding public improvement surety.
 Council approved.


13. Pass the ordinance granting a variance to the front yard setback requirements in order to
 construct a porch for the property located at 421 School Street - PZC 20-1-043.
 Enactment No.: ORD 20-076

 Council passed.


14. Pass the ordinance granting a variance to permit an 8’ tall privacy fence for the property
 located at 4040-4044 Ashwood Park Court, Naperville - PZC 20-1-055
 Enactment No.: ORD 20-077

 Council passed.


15. Pass the ordinance granting a variance to the driveway tapering requirements in order to
 expand the driveway for the property located at 26 W. 8th Avenue - PZC 20-1-058.
 Enactment No.: ORD 20-078

 Council passed.


16. Pass the ordinance approving an amendment to the City of Naperville Annual Budget for

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 Calendar Year 2020 in the amount of $950,000 for the purchase of 329-333 Center
 Street. (requires six positive votes)
 COMMENTS TO BE READ BY STAFF
 Jim Hill
 I opposed the purchase of this property when it came before the council in
 June of this year, and I oppose the resolution before you tonight to increase
 the city’s budget. I ask you to vote no on this agenda item. Metra ridership
 is down more than 90%. Experts are saying it will be years before ridership
 returns to the previous level. It’s possible we may never again see the
 demand for commuter parking that existed prior to the pandemic. The city
 clearly doesn’t need any more parking spaces right now. The city has
 already spent almost $7 million to acquire property near the train station,
 and all attempts to develop that property have failed. On August 7th, the city
 staff announced that all planning activities related to the 5th Avenue project
 have stopped, and no additional planning activities or workshops will be
 scheduled for the foreseeable future. If the city can’t develop property it
 already owns, what is the point of spending another million dollars to buy
 more property that the city can’t develop? We don’t need this property and
 buying it is a waste of taxpayer money. Increasing the annual budget with
 no corresponding increase in revenue means the city will have to spend
 down its cash reserves to purchase this property. The city is already facing
 the very real possibility of having spend down its cash reserves this year,
 and possibly next year, to deal with pandemic related revenue shortfalls
 and to avoid service cuts and tax increases. It doesn’t seem prudent to add
 to this problem by spending cash reserves on something we don’t need
 and for which we have plan for how to use it. This council has a good
 reputation for being fiscally responsible. Don’t tarnish that reputation by
 purchasing this property. It only takes four of you to put a stop to this. Stand
 up and vote no and show the taxpayers of this city that we can continue to
 trust you to spend our money wisely.

 Council clarified that money for the budget amendment is not being taken
 from the General Fund, but rather from the Burlington Fund.

 Enactment No.: ORD 20-082
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to pass an ordinance approving an amendment to the City of
 Naperville Annual Budget for Calendar Year 2020 in the amount of $950,000 for
 the purchase of 329-333 Center Street. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


17. Pass the ordinance approving a minor change to the conditional use for an automobile
 repair facility approved by Ordinance 20-031 for the subject property located at 2643
 Forgue Drive (Firestone - Naperville) - PZC 20-1-066
 COMMENTS TO BE READ BY STAFF

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 Brien Hodgman
 I support this Minor Change. I believe this development should be approved
 to operate using the same noise levels applied to all other retail
 developments in Naperville. Thanks.

 POSITION
 Daniel Gaynor - SUPPORT

 Council asked why the petitioner agreed to the original terms but is now
 coming back a minor change.

 Craig Cole (Franklin Land Associates, LLC and Petitioner) responded that
 original noise level readings were taken at the lowest level, that levels need
 to be taken by bay doors, and that other locations have been examined to
 ensure they can remain in compliance.

 Enactment No.: ORD 20-083
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Coyne, to pass the ordinance approving a minor change to the conditional use
 for an automobile repair facility approved by Ordinance 20-031 for the subject
 property located at 2643 Forgue Drive (Firestone - Naperville) - PZC 20-1-066. The
 motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


18. Pass the ordinance approving a minor change to the CityGate Centre III Planned Unit
 Development approved by Ordinance 20-044 for the subject property located at Lots 2 &
 3 of CityGate Centre, Naperville - PZC 20-1-063
 Enactment No.: ORD 20-079

 Council passed.


19. Pass the ordinance granting a temporary use to allow for outdoor services at Our
 Saviour’s Evangelical Lutheran Church at 919 S. Washington Street.
 COMMENTS TO BE READ BY STAFF
 Kevin Keisner
 My concern is not with the petitioner's permit request. It is the petitioner
 respecting and following the sound level requirements of the permit and
 that the neighbors have a workable recourse in cases where the petitioner
 grossly violates the permit requirements. Which has happened in some of
 their previous concerts. My Suggestions: 1) The council request in any
 permit issued that the petitioner does sound level checks on Hickory Ln
 before every event and adjust sound levels and speaker position to meet
 requirements. 2) The council request clarification of NPD’s process when
 receiving a non-emergency call of the petitioner violating the sound level
 requirements of the permit. In the past neighbors have been told “they have

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 a permit, nothing can be done”. The petitioner’s permits are for the
 weekend and there is no other city office a neighbor can contact to
 document the violation. I would like to see a “real and actionable” city
 process to document violations. Documentation that can be considered in
 future permit requests. Thank you

 POSITION
 Brian Wise - SUPPORT
 John Gerike - SUPPORT
 Lane Lewis - SUPPORT
 Terry Thompson - SUPPORT
 Robyn Carlson - SUPPORT
 Glenn Wishnew - SUPPORT
 Stephanie Engel - SUPPORT
 Rebecca Cremin - SUPPORT
 Paula Felbein - SUPPORT
 Dan Thompson - SUPPORT
 Debbie Montrose - SUPPORT
 Graham Brenna - SUPPORT
 Ruth Nelson - SUPPORT
 Kathleen Howe - SUPPORT
 Samantha Hood - SUPPORT
 William Okel - SUPPORT
 David Novak - SUPPORT
 Sue Bergren - SUPPORT
 Diane Greenawalt - SUPPORT
 Janice Dusek - SUPPORT
 Deborah Collander - SUPPORT

 SPEAKERS
 Lane Lewis (Our Saviour's Lutheran Church) discussed the church, the
 church community, and the impact of the COVID pandemic.

 Council requested that a point of contact be designated for neighbors to
 call.

 Chris Brown (Our Saviour's Lutheran Church) discussed the request,
 decibel levels at a recent service, stated he will serve as a point of contact
 for the neighbors, and clarified that the service is 30 minutes but time is
 needed for rehearsal and sound checks.

 Enactment No.: ORD 20-084
 A motion was made by Councilwoman Brodhead, seconded by Councilwoman
 Gustin, to pass the ordinance granting a temporary use to allow for outdoor
 services at Our Saviour’s Evangelical Lutheran Church at 919 S. Washington
 Street. The motion carried by the following vote:

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City Council Meeting Minutes August 18, 2020


 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


20. Receive the staff report for the 77th Street Project located at 24W560 77th Street,
 Naperville, PZC 19-1-140 (Item 1 of 3)
 Council approved.


21. Pass the ordinance approving the Final Plat of Subdivision and OAA for the 77th Street
 Project located at 24W560 77th Street -PZC 19-1-140 (Item 2 of 3)
 Enactment No.: ORD 20-080

 Council passed.


22. Pass the ordinance approving a variance to the Naperville Design Manual for Public
 Improvements for the 77th Street Project located at 24W560 77th Street - PZC 19-1-140
 (Item 3 of 3)
 Enactment No.: ORD 20-081

 Council passed.


23. Adopt the resolution authorizing a workers’ compensation settlement with Jody Jones

 Enactment No.: RES 20-022

 Council adopted.

J. PUBLIC HEARINGS:

1. Receive the staff report regarding the properties located at 1255 E Ogden Avenue and
 1187 E Ogden Avenue (Costco Final) - PZC 20-1-047 (Item 1 of 4)
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to receive the staff report regarding the properties located at 1255 E
 Ogden Avenue and 1187 E Ogden Avenue (Costco Final) - PZC 20-1-047. The
 motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


2. Conduct the public hearing regarding the vacation of a portion of the Diehl Road
 right-of-way (Costco Final) - PZC 20-1-047 (Item 2 of 4)
 At 7:59 p.m. motion was made by Councilman Hinterlong, seconded by
 Councilwoman Gustin, to conduct the public hearing regarding the vacation of a
 portion of the Diehl Road right-of-way (Costco Final) - PZC 20-1-047. The motion
 carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

 At 8:00 p.m. a motion was made by Councilman Hinterlong, seconded by
 Councilwoman Gustin, to close the public hearing regarding the vacation of a
 portion of the Diehl Road right-of-way (Costco Final) - PZC 20-1-047. The motion
 carried by the following vote:

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 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


3. Pass the ordinance approving the plat of vacation of a portion of the Diehl Road
 right-of-way (Costco Final) - PZC 20-1-047 (Item 3 of 4) (six positive votes are required)
 Enactment No.: ORD 20-085

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to pass the ordinance approving the plat of vacation of a portion of the
 Diehl Road right-of-way (Costco Final) - PZC 20-1-047. The motion carried by the
 following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


4. Pass the ordinance approving the final plat of subdivision for Kirkland Ogden (Costco
 Final) - PZC 20-1-047 (Item 4 of 4)
 Enactment No.: ORD 20-086

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, pass the ordinance approving the final plat of subdivision for Kirkland
 Ogden (Costco Final) - PZC 20-1-047. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


5. Conduct the Public Hearing for proposed Special Service Area No. 33 (Downtown
 Maintenance and Marketing)
 Chirico opened the public hearing at 8:01 p.m.

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to close the public hearing for proposed Special Service Area No. 33 at
 8:04 p.m. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Pass the ordinance adding a new Chapter 18 (Short-Term Residential Rentals) to Title 3
 (Business and License Regulations) of the Naperville Municipal Code
 COMMENTS TO BE READ BY STAFF
 Geri Smith
 City Council Members and Mayor Chirico: Over the last year, we’ve all
 heard examples of short-term rentals (specifically, VRBO and Airbnb) in
 Naperville that have created substantial problems for neighbors. At least
 two of these STRs are situated in our neighborhood. Please consider
 placing a permanent ban on these STRs for the following reasons which
 impact residents: - Police have been called to break up large, noisy house
 parties attended by busloads of people. Imagine living in such a situation
 on a daily basis - not a high quality of life for those neighbors. - Some
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 next-door neighbors of STRs have experienced trespassing by short-term
 renters on their property (parking in or blocking driveways, trying to enter
 neighboring houses in the middle of the night while trying to find their rental
 house - just imagine hearing someone trying to enter your home in the dark
 of night!). Some neighbors of STRs have experienced verbal abuse and
 harassment by the STR owners and their renters! - These rentals are in
 areas zoned for residential use, not short-term rental use. When the vast
 majority of Naperville residents purchased our homes, we did so with the
 expectation the neighborhood would not have an issue with transience. -
 The owners of these rental units are not as invested in our community as
 those homeowners who live in their homes. They aren’t actively involved in
 their local Home & School Associations and other community and civic
 organizations that make Naperville the desirable community it is. Their sole
 focus is to make money - not enhance the community!! - Without knowing
 who is renting the house next door on any given day, neighbors are
 concerned about their children’s safety as they play outside, ride their bikes
 and walk to school. - Short-term rentals negatively impact hotel business,
 thus reducing the overall revenue to the city resulting in increased tax
 implications for residents. Naperville was recently named “Best City to
 Raise a Family” by niche.com. In fact, the City of Naperville website says,
 “Recognized nationally and internationally as one of the top communities in
 which to settle down, raise a family and retire, Naperville has made
 headlines for its outstanding quality of life.” These on-going issues with
 STRs over the past years certainly don’t represent an “outstanding quality
 of life” for Naperville residents and their families. I urge you to ban STRs in
 Naperville and, if not a ban, then pass and enforce very strict regulations to
 keep Naperville the desirable community it is where our kids are safe and
 we continue to be a good place to settle down, raise a family and retire.

 Randy Smith
 City Council, Mayor - As a longtime resident of Naperville, I would like to
 express my thoughts on the Short Term Rental ordinances that have been
 proposed. First, I believe that when we purchased our homes in areas
 zoned for residential use we did that assuming that we would not be living
 next to essentially very small hotels. Now that there has been a shift in the
 marketplace, I believe it is important that the city address this issue, and by
 more than just trying to eliminate the “party house” problem. I personally am
 fine with an outright ban on Short Term Rentals, but I think a reasonable
 middle ground is to follow the ordinance proposed at the previous council
 meeting where short term rentals were only possible where the owner
 physically resided in the house for more than half the year. This helps to
 insure the connection of the residential neighborhood and keep our
 neighborhoods more cohesive and neighborly. While I prefer strict
 limitations on Short Term Rentals, if for some reason the council decides to
 allow Short Term Rentals I think it very important to understand the costs


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 involved in managing this correctly. I believe the taxes for Short Term
 Rentals need to be significantly higher than those for hotels, since the
 overhead on a per unit basis for managing compliance and enforcement
 will be much higher for the city. I urge the council to vote for strict limitations
 on Short Term Rentals. Randy Smith

 Diane Russell
 Dear Naperville City Council Members, I was delighted when the City
 Council voted on August 4th to prepare an ordinance to ban short-term
 rentals in Naperville, at least temporarily while a permanent solution was
 worked out. So I was quite surprised when 2 competing ordinances were
 included for consideration tonight, one of which bans STRs as planned,
 and one which allows them with only a modicum of oversight. I again urge
 you to ban STRs in Naperville. I think another resident summarized it best
 at the last council meeting, saying that these STRs are essentially
 unsupervised, commercial hotels (and, in some cases, bars) in residential
 areas. Yes, the proposed ordinance that allows STRs with a limit 10 people
 would address some of the issues you have discussed concerning the
 Santa Maria party house, but I remind you that there are other problematic
 STRs in the city. Police have been called to other, smaller houses because
 of abusive behavior on the part of renters toward neighbors. Nothing in the
 ordinance that allows STRs would address these situations. Is a small party
 house necessarily better than a big party house? Whenever a house in my
 lovely neighborhood goes up for sale, I am now fearful that it will be bought
 by someone who will turn it into a short-term rental. Instead of a long-term
 neighbor, I may wind up with an absentee landlord and a parade of
 strangers. The ordinance that allows STRs would essentially make the
 monitoring of capacity limits and short-term renter behavior the
 responsibility of neighbors, placing even more stress on residents. In
 conclusion, I ask you to think about the fact that just in the last few months
 there have been two murders at STRs in surrounding communities - one in
 Barrington Hills in March, and one in Roselle in June. Don’t let Naperville
 be next. Vote to ban short-term rentals and keep Naperville a desirable
 place to live. Sincerely, Diane Russell

 Tom Coyne
 Tom Coyne, 809 Iris Lane Naperville, IL. I have a background as a
 long-term landlord, a long-term resident home owner, and a long-term
 renter. I write in opposition to both ordinances before council tonight. The
 proposed ordinance prohibiting Short Term Rentals (STRs) goes too far. I
 support flexible uses of housing stock. The very significant cost of
 land/improvements in Naperville, combined with the current, volatile labor
 market, make owning real estate a risky activity at this time. Taking away
 income options will drive away property owners and drive down property
 values. The ordinance for limited operation of STRs does not go far


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 enough. The city, through very vigorous code enforcement, must ensure that
 property owners are held responsible to and liable for peaceful enjoyment
 of the community. My leases contain, and I enforce, this specific provision:
 "Tenant, Tenant's family and Tenant's guest shall at all times maintain order
 in the Premises and at all places on the Premises, and shall not make or
 permit any loud or improper noises, or otherwise disturb other residents."
 Owners of real property have real responsibilities to their community. I urge
 you to find a better balance - make an STR ordinance which permits lawful
 uses of real property, while preserving the peaceful use of the
 neighborhood by all residents. For example, make STRs subject to permit,
 with a meaningful annual fee structure. Enforce a two-strike rule on code
 violations which revokes the permit for STR repeat offenders. Remove
 automatic permit renewal for STRs which receive neighbor complaints.
 Council, act now, before more neighbor v. neighbor situations erupt.

 Angie Hunter
 Dear City Council, My name is Angie Hunter and I live at 846 Santa Maria,
 across the street from the short term rental party house at 843 Santa Maria
 Drive. Please vote for the temporary ban on STRs until an enforceable
 solution can be figured out. The other option of STR with restriction of 10
 people occupancy is not enforceable. This specific party house has been a
 problem and continues to be. This is clearly a business for entertainment
 purposes and does not belong in our residential neighborhood. Please
 vote for a ban on STRs. This party house has been negatively impacting
 the quality of life of our family and of our neighbors. I am not overstating that
 we have fear every time we see a party starting. Ever since the first
 Superbowl party, when patrons were told to put their firearms in their cars
 and multiple fights ensued on my driveway, we have not had a sound sleep
 as we are always on alert. We do not know who is there and no one is
 responsible for what is happening during these parties. We are worried for
 our safety. Thank you,

 POSITION
 Laura Young - OPPOSE
 Allison Longenbaugh - SUPPORT

 SPEAKERS
 LaDonna Wallace supports immediate moratorium on short-term rentals.
 Tracy Rootham supports immediate moratorium on short-term rentals.
 Catherine Page supports immediate moratorium on short-term rentals.
 Krys Rootham supports immediate moratorium on short-term rentals.
 Nancy Cole supports immediate moratorium on short-term rentals.
 Bob Tschirhart supports immediate moratorium on short-term rentals.
 Frank Vignieri supports immediate moratorium on short-term rentals.
 Bill Simon supports immediate moratorium on short-term rentals.

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 Chris Long supports immediate moratorium on short-term rentals.
 Jacalyn Green supports immediate moratorium on short-term rentals.
 Marilyn Schweitzer supports immediate moratorium on short-term rentals.
 Tom Schaefer supports immediate moratorium on short-term rentals.
 Michael Cole supports immediate moratorium on short-term rentals.
 Mike Mika supports immediate moratorium on short-term rentals.

 Council discussed the appropriateness of Option 2, the need to address
 the emergency now, not placing a timeline on when to revisit but open to
 reconsider in the future.

 DiSanto clarified that the ordinance will be effective immediately, that
 contracts that have already been entered into will be valid for 30 days, and
 that after 30 days short-term rentals will be prohibited.
 A motion was made by Councilman Krummen, seconded by Councilman Coyne,
 to pass the ordinance by adding a new Chapter 18 (Short-Term Residential
 Rentals) to Title 3 (Business and License Regulations) of the Naperville Municipal
 Code Ordinance (Option #1) prohibiting short-term residential rentals from being
 rented, leased, or otherwise offered or permitted within the City of Naperville
 corporate limits and amending the fine structure to $1,000 for first offenses within
 a 12-month period and a $2,500 fine for second or subsequent offenses within a
 12-month period.

 Enactment No.: ORD 20-087

 A motion in substitution was made by Councilwoman Gustin, seconded by
 Councilwoman Brodhead, to pass the ordinance by adding a new Chapter 18
 (Short-Term Residential Rentals) to Title 3 (Business and License Regulations) of
 the Naperville Municipal Code Ordinance (Option #1) prohibiting short-term
 residential rentals from being rented, leased, or otherwise offered or permitted
 within the City of Naperville corporate limits and amending the fine structure to
 $1,000 for first offenses within a 12-month period and a $2,500 fine for second or
 subsequent offenses within a 12-month period and direct staff to bring back a
 report in six months.

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White




 The meeting recessed from 8:47 p.m. to 8:53 p.m.


2. Pass the ordinance repealing Chapter 17 (Cannabis Business Establishments
 Prohibited) of Title 3 (Business and License Regulations) and amending various
 Chapters of Title 6 (Zoning Ordinance) related to Cannabis Facilities - PZC 20-1-053.
 COMMENTS TO BE READ BY STAFF
 Julie Schauer
 Do not repeal Chapter 17 or amend various chapters of Title 6. If you allow
 for marijuana dispensaries in Naperville. If you allow the marijuana one inch

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 in Naperville, the industry will take a thousand miles. Dispensary marijuana
 is far more toxic and dangerous than the marijuana kids were using before
 legalization. Today’s marijuana is 8x more likely to cause schizophrenia
 than the average marijuana of the past. Most kids don’t even know that
 marijuana use poses a risk for psychosis and major psychiatric disorders
 such as schizophrenia. Nor do they know that stoned driving is as bad as
 drunk driving. Many of the fatal crashes in states with legal pot are caused
 by drivers who are both drunk and stoned. Polydrug use is the rule, not the
 exception, and marijuana is the most common companion drug for people
 who use meth, cocaine and heroin. It is often the relapse drug when people
 with addiction go back to using drugs. It is inconceivable that city council
 would do anything to enable the addiction epidemic, particularly when
 addiction treatments often doesn’t succeed and mental health treatments
 are tricky, controversial and don’t guarantee success. A year and a half
 after legalization in Washington, a hospital in Olympia Washington
 announced that it had 1-2 new psychosis patients coming to the ER room
 every day. According to Dr. Robin Murray, president of European
 Psychiatric Association and one of the world’s most prominent
 schizophrenia researchers, “Regular use of cannabis, especially of high
 potency varieties, increases the risk of schizophrenia. Some individuals
 who would otherwise have remained well will develop schizophrenia, but
 those with some vulnerability will be especially likely to be pushed into
 illness.” NAMI’s medical director warns that once a brain has been hijacked
 by THC, it may not be reversible. Drug addiction develops much quicker
 than alcohol addiction, and there is no guarantee that those who go into
 treatment for marijuana or polydrug addiction may ever get better or out of
 the problem

 Randy Rowse
 My name is Randy Rowse and am a former Councilmember of the City of
 Santa Barbara, California. I was involved in the development of our local
 cannabis dispensary ordinance. My colleagues on council saw the potential
 tax revenue from cannabis sales as an irresistible windfall and a control
 mechanism for shutting down illegal cultivation and sales, while protecting
 minors. None of that wish list has come to fruition. Tax revenue has been
 far under projected levels and the black market thrives with impunity.
 School children seem to have little problem procuring “medical marijuana”
 cards, flaunting them and the product on school grounds. Poisoning of
 children and domestic pets is not unheard of due to consumption of
 attractive candy-like edibles. Dispensary locations have stringent security
 requirements, due to their “attractive nuisance” status. No one wants one of
 these facilities in their neighborhoods or business districts. In short, the
 legal status of possession for personal use and adult consumption
 notwithstanding, the addition of dispensary outlets provides little or no
 community benefit and the costs of enforcement and auditing tend to


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 outpace the tax revenues. Please don’t buy into the “medical” myth of
 cannabis. It is the red herring used to pass the original initiatives in
 California. What ever tax and regulation scheme you develop will be
 challenged and violated. Santa Barbara is not a better community for its
 increased presence.

 Philip Buchanan
 Good evening Mayor, Councilmembers and Staff My name is Philip
 Buchanan and I live in Naperville. After fall, winter, spring, summer and
 soon to be fall again- we can finally see the finish line. Kudos to the
 determination of Council members and countless hours of staff work for
 seeing this thru to completion. You heard the will of voters and followed thru.
 Let’s make sure adult dispensaries remain a permitted use and the
 ordinance is not changed to conditional use. As the Council and Planning &
 Zoning Commission determined in their meetings Conditional use would
 only result in long, unproductive hearings. This leaves only political
 discussions about legalizing cannabis, which our state has already done
 and only the state can undo. Thank you for your attention. I yield back.

 Karen Johnson
 Dear Council Members, I have been a Naperville resident for 18 years and
 have enjoyed being an active member in my Brookdale Community, and an
 investor of a downtown restaurant/bar business. I am sharing with you
 tonight my full support of the recently passed cannabis industry ordinance
 as currently written and advocating that no changes are made. I do not
 agree that changes toward treating daycare and youth facilities as schools
 are necessary or productive. As a community member, I believe that the
 cannabis industry should receive the same treatment as alcohol and
 tobacco within our city. It is what is fair and right with the legal cannabis
 industry. Thank you all for your time on this issue

 Marilyn Schweitzer
 I support the proposed Cannabis text amendment with a 250 foot
 separation between a dispensary and residentially-zoned property. The
 added parking requirement for dispensaries should alleviate most of the
 concerns for having a dispensary in proximity to residential zoning. The
 dispensaries deserve flexibility with respect to their hours of operation in
 accordance to their traffic volume. Thus, I support no further limit on the
 hours of operation beyond the CRTA specification. Finally, I believe this
 ordinance, the state's regulations, and our City Staff's professional
 expertise is sufficient to allow granting the 3 dispensary permits by right.
 Thank you.

 Heidi Swan
 My brother was a homeless drug addict with schizophrenia who went to jail


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 eighteen times. This was agonizing for him and for our entire family. We
 came from a loving and well-educated home. His painful journey began with
 his chronic use of marijuana. THC, the psychoactive ingredient in
 marijuana, was at merely 5% in the 70's & 80's when he smoked it every
 day for ten years (clearly addictive). Most people have not heard marijuana
 use is linked to psychosis and schizophrenia. I am thankful to say my
 brother is now sober and treated (and has been on SSDI since the age of
 53). He and I were shocked when we learned about these recent studies.
 We wondered, "Why doesn't everyone know weed increases the risk for
 mental illness? Everyone thinks it's harmless." Since we found out, there
 have only been more peer-reviewed studies which support pot use is linked
 to serious mental illness. This is especially the case with the new products
 on the market today. Most people do not understand that the dried flower
 product (like a joint) is about 15% -30% THC (which is 4-5 times stronger
 than what my brother smoked). Far worse, the concentrated products -
 -LIKE THE ONES OUR KIDS ARE VAPING TODAY--are 60-99% THC!
 Last summer, our U.S. Surgeon general issued a warning about these
 dangerous, high potency products. He said regular teen use is associated
 with school drop-out rate, lowered I.Q. and increased risks for addiction,
 psychosis, schizophrenia and suicide. Make no mistake, teens are
 definitely using more pot where they have easier access to it. And many
 kids think it's "medicine" and that it's good for them (I speak to them and
 have heard this first hand). Where I live, in California, homelessness has
 increased along with marijuana legalization. Is the increased use of this
 psychoactive drug the only reason? Obviously not. But the LA Times
 recently stated our increasing homeless population is attributable to more
 people suffering from addiction and mental illness. The American Journal
 of Psychiatry published an article in 2017 which says, compared to all other
 recreational drugs which can cause a full psychotic break ( LSD, PCP,
 cocaine, amphetamine, methamphetamine), THC is the #1 drug to convert
 to schizophrenia...eight years out. There is a very simple equation
 Naperville must understand: If marijuana increases the risk for mental
 illness...and mental illness increases the risk for homelessness...then
 marijuana increases the risk for homelessness. Naperville has too much
 too lose. My brother will tell you so.

 Joy Grainge
 I am a Naperville resident. I want you to vote Yes for the zoning
 amendments for an adult use dispensary. Thank you for your hard work and
 dedication on adult use dispensaries. A cannabis retail store will be very
 beneficial to our city. As we move forward our Naperville staff will be able to
 make decisions regarding a dispensary. Locating dispensary 250 feet
 from a residential areas is a good compromise. Daycare and youth centers
 should not be considered schools for the purposes of cannabis zoning. It is
 best for both business and consumers to locate stores throughout the city


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 rather than in a limited area. Again thank you for your dedication. I hope you
 will vote Yes to the zoning Amendment so that we can move forward

 James Laures
 My family and I are long-time residents of Naperville. Yesterday Allison Laff
 confirmed to me that allowed hours of operation for City dispensaries are
 NOT stated in the proposed ordinance and, therefore, hours of operation
 for Naperville dispensaries will be what Illinois law allows: 6 am to 10 pm,
 Monday through Sunday. I believe Illinois law on allowed hours of operation
 supersede local ordinances and that our residents have been misinformed
 that the City can limit hours of operations to something less than what
 Illinois law allows. Therefore, all residents, especially those close to the 250
 feet separation boundaries for dispensaries, should be told the facts and
 be prepared for 6 am to 10 pm, 16-hour, seven-days-a-week traffic. If
 believe otherwise, allowed hours of operation for City dispensaries should
 be specifically stated in the proposed ordinance before the final vote. In his
 March 4th 2020 interview on WGN radio, the Mayor provided good insights
 that I believe are important considerations before finalizing the proposed
 Cannabis Zoning Ordinance. First, the Mayor said “…If you opt in, then you
 maintain control and authority…I would prefer to maintain that control.” I
 agree. We maintain maximum City’s control and authority through
 Conditional Use, not by giving it away via Permitted Use. Most importantly,
 Conditional Use provides City residents with Transparency and a way for
 residents, especially those who will be directly impacted by dispensary
 location, to voice their thoughts. Second, the Mayor said “Whenever a
 group or organization has a weak argument, they always go to three
 different tactics-attack the personal character of people, the other side; use
 fear; use misinformation.” Unfortunately, we’ve seen some of this during
 City Council discussions. For example, requests for Conditional Use
 feedback, however well-intentioned, is characterized as coming from those
 against adult-use cannabis and summarily dismissed as not relevant. Even
 resident concerns about the 250 feet separation boundaries for
 dispensaries are dismissed with, as one Council person said, “I have a
 hard time taking seriously an objection to the locations and believing that
 it’s really a concern.” It’s time to stop these divisive tactics. We all want the
 same thing for our City--a strong Conditional Use ordinance that gives the
 City as much control over dispensaries as allowed under Illinois law and
 provides residents with maximum transparency. We don’t want a weak
 Permitted Use ordinance that cedes control to dispensaries and insiders
 and eliminates transparency for residents. Finally, in this same interview
 (pre Covid-19), the Mayor explained how valuable Illinois cannabis
 dispensaries are since Illinois significantly restricts the number of state
 cannabis licenses versus what other states do. Hence these Naperville
 dispensary locations will be highly sought after. Therefore, the City’s
 selection process for dispensaries should be transparent and above


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 reproach. The simplistic, first-come-first-served approach in the proposed
 ordinance lacks transparency, is not in the best interest of the residents
 and should be changed to require an impartial, transparent, lottery-type
 process utilized by other communities such as Chicago. Thank you. James
 Laures

 POSITION
 Allison Longenbaugh - SUPPORT
 Jean M. Page - SUPPORT
 Ron Franczyk - SUPPORT
 Nancy Turner - SUPPORT

 SPEAKERS
 George Flannery spoke in favor of the proposed ordinance.
 Aubree A Adams (Parents opposed to Pot) spoke against the proposed
 ordinance.
 Jim Haselhorst spoke in favor of the proposed ordinance.

 Council discussed referendum results, discussions and public input over
 the past year, that this decision was not pushed through, the
 appropriateness of permitted or conditional use designation, and the
 importance of dispensary locations.

 A motion was made by Councilman Coyne, seconded by Councilwoman Gustin,
 the ordinance repealing Chapter 17 (Cannabis Business Establishments
 Prohibited) of Title 3 (Business and License Regulations) and amending various
 Chapters of Title 6 (Zoning Ordinance) related to Cannabis Facilities - PZC
 20-1-053 and which requires cannabis facilities to be allowed only as a
 conditional use.

 Enactment No.: ORD 20-088

 A motion in substitution was made by Councilwoman Brodhead, seconded by
 Councilwoman Sullivan, to pass the ordinance repealing Chapter 17 (Cannabis
 Business Establishments Prohibited) of Title 3 (Business and License Regulations)
 and amending various Chapters of Title 6 (Zoning Ordinance) related to Cannabis
 Facilities - PZC 20-1-053 and amending the distance between dispensaries to one
 mile.

 Aye: 6- Chirico, Brodhead, Kelly, Krummen, Sullivan, and White

 Nay: 3- Coyne, Gustin, and Hinterlong


3. Adopt the resolution authorizing a covenant incentive agreement between the City of
 Naperville and Little Friends for the preservation of the Kroehler Mansion
 COMMENTS TO BE READ BY STAFF
 Barbara Ashley
 City Council's consideration of awarding an incentive of $450,000 of public
 money to Little Friends, Inc. as an incentive to preserve Kroehler Mansion.

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 We, Barbara and James Ashley, of 146 N. Columbia Street, Naperville,
 Illinois, support the East Central Homeowners Organization position.

 Signe Gleeson
 I am writing to request a delay in passage of resolution 20-357. The
 proposed development of the Little Friends property has many moving
 parts and project plans remain fluid. It is unclear that the current proposed
 use of the mansion - 3 separate housing units will allow for the interior
 preservation of the mansion. As such, I fear that the mansion will remain
 merely a shell and will not live up to the spirit of true historic preservation.
 Until there is assurance that the history and interior grandeur of the
 mansion will be preserved in a meaningful way, I request that the council
 delay passage of resolution of 20-357. Thank you for your consideration.

 Jim Haselhorst
 Thank you City Council for your time this evening. It is no secret that I have
 not been in favor of saving this building. Considering the city’s current
 financial situation, resulting from the pandemic economy, I do not see how
 any city official could consider paying close to half a million in taxpayer
 dollars to preserve this building fiscally responsible behavior. What is being
 preserved here? Not the home of the Koehler family. The interior of this
 building is to be gutted and rebuilt to modern standards, which is not true to
 or even close to what the Koehler home was. Not the exterior of this
 building. There is to be no attempt made to restore the exterior of this
 building to what it was like when Koehler family lived here. In fact there is
 not ever going to be an attempt made to preserve the current exterior. The
 plan is to redo the exterior in keeping with the standards of the Historic
 District not the history of this structure. What will exist after all of this
 construction is a building that is neither the history home of the Koehler
 family or an architecturally correct example of this home. It will essentially
 be a new building in an old frame. I do not see how the “Franken Mansion”
 that this project will produce can possible be worth having in our community
 let alone spending any amount of tax dollars to subsidize. I get it. Little
 Friends is a good cause and has been a good community partner but if the
 city does this for them, what are they going to do for the Exchange Club?
 What are they going to do for Rotary? What are they going to do for the
 Jaycees? The list goes on of community organizations that have been
 good community partners. And all of them are experiencing financial
 hardship under the current pandemic economy. The financial challenge
 Little Friends is facing currently is of concern for us all but it should not be
 the city government’s concern, especially under the current economy. It is
 simply a bad time for this kind of expenditure. We all know the real
 objection here is the redevelopment of this property and not the demolition
 of this mansion. Saving this building will not end these objections. In fact the
 residents of this area have already objected to the last set of plans


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 presented as being to dense and it is my understanding the new set of
 plans are for even more development, or higher density, then the previous
 plans. Saving this building will not make redeveloping this property any
 easier. I would like to further point out that the result of this funding will be a
 private residence that no city resident will have a legal right to access. The
 last plans presented has this building shrouded in houses and trees
 making it impossible to see from the street or any other publicly accessible
 area. Is it really appropriate to subsidize a private development with
 taxpayer dollars that the taxpayers will have no legal right to access? That
 they will need permission from a private property owner to even get close
 enough to see? If this council insists on going ahead with this agreement I
 would ask that they at least require the developer to provide a public
 access pathway around this building (360 degrees) lead to by at least two
 public access pathways from two different streets (public sidewalks). At
 least this way taxpayer will have legal access to the “Franken Mansion”
 their tax dollars helped build. I hope all of you will reconsider approving this
 agreement tonight and at the very least put off further action on this
 agreement until the fiscal environment has improved. Thank you for your
 time. Jim Haselhorst

 Gary D. Smith
 My name is Gary D. Smith and although I am Chair of the Naperville
 Accessible Community Task Force I am speaking this evening only as a
 Naperville resident to express my opposition to the Council approving the
 Covenant Agreement with Little Friends. I want to be clear that I admire the
 work done by Little Friends in caring for the individuals that seek its'
 services and fully understand the positive impact Little Friends has on the
 individuals and families benefiting from their services. Rather, my
 opposition is based on the financial incentive of $450,000 of city tax dollars
 being offered to Little Friends to not tear down the Kroehler Mansion. This
 is particularly perplexing as the city held the right to make the decision on
 whether or not to maintain the Mansion up until the November 19, 2019
 Council meeting where the council overruled the recommendation of the
 Historic Preservation Commission to not tear down the mansion. This
 moved the decision to tear or not tear down the mansion from the city to
 Little Friends. Shortly thereafter (on December 3, 2019) the Council voted
 to reimburse Little friends to not tear down the mansion, resulting in the city
 now paying for something, the decision to retain or not retain the Mansion,
 that they voted on a mere one month earlier. I retired as a President and
 Executive Director of a not for profit organization and expected that if we
 wanted to move and/or expand our services we needed to conduct a
 capital campaign, seek competitive grants open to all qualifying not for
 profit organizations or use existing reserves for funding to accomplish our
 operating goals. I feel Little friends should do the same rather than seeking
 public tax dollars. I encourage you to vote down the proposed Covenant


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City Council Meeting Minutes August 18, 2020

 Agreement for the reasons cited. Thank you

 Mary Stoltenberg-Smith
 Dear Mayor and City Council Members, I agree with and support ECHO's
 position on delaying the payment of $450,000 to Little Friends until the
 development proposal of the Little Friends property receives final approval
 from the City for the following reasons: 1) The sale of Little Friends property
 has not been finalized; 2) Prior developer's offers were canceled prior to
 closing; 3) The proposed development does not 'preserve' the landmark
 property as the interior is planned to be gutted to allow for the creation of
 three separate and privately owned townhomes. From discussions during
 the City Council meeting and the resolution itself, preservation was
 interpreted to include the historically significance, which would include the
 interior features and not just the exterior; 4) Making the payment to Little
 Friends now is like giving them an interest free $450,000 loan funded by
 taxpayers until the sale has closed; and 5) Although you may hear from
 Little Friends and the developer that communications have been ongoing
 with the ECHO residents to address residents' concerns, these
 communications have been limited to only a small percentage of ECHO
 residents and may not reflect the majority views of those who will be
 impacted by this development. Many of us who live within the ECHO
 boundaries have greatly supported the amazing work the Little Friends staff
 do and would like to see Little Friends move to their new facility. However,
 this private organization's continued reliance upon the City and its
 residents to get concessions and resources not offered to other private
 organizations can set a precedence and demonstrates favoritism of Little
 Friends over other non-profits that operate in the city, help children and
 families, and reflect positively on the City of Naperville. In addition, if the
 Little Friends $450,000 payment is coming out of the SECA funds, which
 would be approximately 45% of the SECA funds allocated and paid out
 from receipts in a non-pandemic year, any additional SECA requests by
 Little Friends should not be prioritized over other as-deserving
 organizations seeking SECA grants.

 Patrick Skarr
 A joint letter of support signed by nearly 500 members of the community in
 support of item L-3 and the redevelopment of Little Friends’ legacy
 property in Naperville going forward was submitted to the Council at 4:30
 p.m. today. Out of respect for your new virtual meeting process and for the
 sake of meeting efficiency, we asked members of the community to
 co-sign this letter rather than send individual emails or sign-up to
 participate individually through the online City Council Speaker Sign-up
 form. We would request acknowledgement of the joint letter as part of the
 public record, but do not need or request the letter or its signatories to be
 read aloud or take time during the Council consideration of this topic.


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City Council Meeting Minutes August 18, 2020

 Thank you for your continued service to Naperville and the consideration of
 the community’s input on this matter.

 Julie Garrison
 Dear City Council, My name is Julie Garrison and I am contacting you
 tonight in regards to Agenda Item 20-357, Resolution authorizing a
 covenant incentive agreement between Little Friends and the City of
 Naperville. I would like to go on the record of supporting ECHO in their
 request to delay this decision. As the owner of a home directly across from
 Little Friends, I have been involved in two Zoom meetings with Russ
 Whitaker and various neighbors. There were several issues of concern
 raised that have yet to be resolved. My husband and I are still waiting to
 hear back on our email inquiring on information to understand the financial
 commitment and durability of the balance sheet of the capital sponsor,
 Ram West. It just seems premature to be doing this resolution at this point.
 Once the COA is granted and the plans pass Planning and Zoning then it
 would seem a more appropriate time to do this.

 George Howard
 The question tonight is whether to adopt a resolution to give Little Friends
 $450,000 for the intent to protect and preserve the Kroehler Mansion in any
 future development. In December 2019 council approved a resolution that
 proposed an incentive opportunity to prevent demolition of the Kroehler
 Mansion. Nothing in that resolution guaranteed Little Friends any money to
 be paid by the City of Naperville. The resolution and payment is to protect
 and preserve the Kroehler Mansion. There is no preservation plan
 presented or approved to date for this resolution, nor is there any
 development plan for the current site. The developer presented a
 conceptual design plan in May 2020 that was not well received by council.
 The distribution of funds is designated to come from the City Food and
 Beverage tax. The proposed payment does not comply as a codified use
 of the tax funds. The proposed negotiated $450,000 payment can be
 categorize as a gift, charitable contribution, and/or grant to Little Friends for
 the purchase of a new property location. What is being protected and for
 what public purpose? The residence will be in private hands, with no public
 purpose or access. Approval of the resolution tonight could be construed
 as precedent for any homeowner within the historic district to request
 money from the city for preservation work on a property. I request the
 proposed resolution for the covenant incentive agreement not be approved.
 Thank you for your consideration.

 Randy Smith, Alva J Chastain, Patricia Todd, Geri Smith, Anne
 Swanson, Susan Fitch
 I support the ECHO position.



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City Council Meeting Minutes August 18, 2020

 SPEAKERS
 Mike Briggs (Little Friends and Petitioner) discussed Council approval of
 the design and the sale of the property.
 Tom Connors (Little Friends and Petitioner) explained the request, a future
 proposal to repurpose the mansion, and the commitment previously stated
 by the Council.
 Russell Whitaker (Attorney for RAM West) discussed the desire to move
 forward with redevelopment plans and discussions with neighborhood.
 Becky Simon (Naperville Preservation, Inc) spoke in favor of adhering to
 preservation guidelines and stated that the economy benefits from the
 Historic District.
 Tim Messer (East Central Homeowners Organization - ECHO) spoke in
 favor of the proposed agreement as stated by ECHO.
 Marilyn Schweitzer spoke against the proposed incentive.

 Council discussed the appropriateness of the City contributing money and
 being involved in the transaction, whether or not a public good exists, the
 budget deficit, that the only assurance is that the mansion will exist on the
 property, that the parties didn’t request Council be involved, the amount of
 property tax that could be generated, and alternate ways to help the
 Historic District.

 DiSanto explained the proposed $450,000 agreement with Little Friends
 and stated that the covenant restriction will stay with the land regardless
 who owns the property.

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to adopt the resolution authorizing a covenant incentive agreement
 between the City of Naperville and Little Friends for the preservation of the
 Kroehler Mansion. The motion carried by the following vote:

 Aye: 7- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, and White

 Nay: 2- Krummen, and Sullivan


4. Receive the August 2020 Financial Report and approve actions providing financial
 flexibility in the 2020 and 2021 budgets (Item 1 of 2)
 Mayer presented the August 2020 Financial Report.

 Council discussed the home rule sales tax, anticipated 2020 and 2021
 budget shortfalls, and tax revenue from online sales.
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to receive the August 2020 Financial Report and approve actions
 providing financial flexibility in the 2020 and 2021 budgets. The motion carried by
 the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


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City Council Meeting Minutes August 18, 2020

5. Waive the first reading and pass the ordinance amending Section 11 (Home Rule
 Municipal Retailers’ Occupation Tax and Home Rule Municipal Service Occupation Tax)
 and Section 9 (Food and Beverage Taxes) of Chapter 1 (Municipal Occupation Taxes),
 Title 3 (Business and License Regulations) of the Naperville Municipal Code (Item 2 of 2;
 requires six positive votes)
 Enactment No.: ORD 20-089

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to waive the first reading and pass the ordinance amending Section 11
 (Home Rule Municipal Retailers’ Occupation Tax and Home Rule Municipal
 Service Occupation Tax) and Section 9 (Food and Beverage Taxes) of Chapter 1
 (Municipal Occupation Taxes), Title 3 (Business and License Regulations) of the
 Naperville Municipal Code. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

P. NEW BUSINESS:

 Compliment
 Krummen thanked Schatz for reading all of the comments submitted.

 Revenue from adult-use cannabis sales
 Krummen suggested a portion be allocated for a mental health awareness
 grant program.

 Electric bills
 Gustin requested information on customer usage data.

 Podlesny will provide a list of how residents can check data in addition to
 calling the finance department.

 Meeting start time
 Chirico suggested Council consider moving the meeting start time to 6:00
 p.m.

 Ancillary cannabis-related businesses
 Chirico suggested Council consider what to do when/if requests are
 submitted.

 Mask campaign
 Gustin asked about status of campaign PSAs.


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 LaCloche said NCTV will be sending videos to the City to proof this week
 and that the campaign is estimated to continue for six to eight weeks.

Q. ADJOURNMENT:
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to adjourn the Regular City Council Meeting of August 18, 2020 at 10:35
 p.m. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White




 /S/ Pam Gallahue
 Pam Gallahue, PhD
 City Clerk




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