City Council — Naperville, IL
Date: 2025-02-04

400 S. Eagle Street
 City of Naperville Naperville, IL 60540
 http://www.naperville.il.us/

 Meeting Agenda

 City Council

Tuesday, February 4, 2025 7:00 PM Council Chambers



TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE: • Watch on WCNC
GOVERNMENT ACCESS TELEVISION (Ch. 6-Astound, Ch. 10 - Comcast, Ch. 99 – AT&T
U-verse) • Watch online at https://naperville.legistar.com

TO PROVIDE PUBLIC COMMENT:

The public may choose to provide public comment in any of the following ways:

1. Address the City Council live during the City Council meeting in-person in City Council
Chambers. Individuals wishing to address the City Council during the meeting must sign up
online at www.naperville.il.us/speakersignup by 6:30 p.m. on February 4.

2. Individuals can also have their name added to the speaker list by calling the Community
Services Department at (630) 305-5300 by 6:30 p.m. on February 4.

3. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on
February 4. Written comments will be compiled and posted with the electronic meeting agenda
on the City’s website prior to the start of the meeting. The cumulative number of comments will be
announced during the City Council meeting.

4. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda
item by 4 p.m. on February 4. The names of participants who submitted position statements will
be compiled and posted with the electronic meeting agenda on the City’s website prior to the
start of the meeting. The cumulative number of position statements will be announced during the
City Council meeting.

There will be no on-site speaker sign up permitted.




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City Council Meeting Agenda February 4, 2025



PUBLIC ACCOMMODATION:

• Any individual who may require an accommodation to listen to or participate in the meeting
should contact the Community Services Department at (630) 305-5300 by 4 p.m. on February 4.
• Questions regarding online sign-up may be directed to the Community Services Department by
calling (630) 305-5300.

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

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

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

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

A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - 6:00 p.m.

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:

F. AWARDS AND RECOGNITIONS:
1. 25-0142 Proclaim the month of February as Black History month in the City of
 Naperville

G. PUBLIC FORUM:


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City Council Meeting Agenda February 4, 2025



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

I. CONSENT AGENDA:
1. 25-0135 Approve the regular City Council meeting minutes of January 21, 2025

2. 25-0129 Approve the City Council meeting schedule for February, March, and April
 2025

3. 25-0064 Approve appointment to the Special Events & Community Arts
 Commission
4. 25-0078 Approve the award of Cooperative Procurement 25-040, Naper Settlement
 Century Memorial Chapel HVAC Equipment Improvements, to Midwest
 Mechanical for an amount not to exceed $315,000
5. 25-0052 Approve the award of Option Year #1 to Contract 22-027, Large Diameter
 Water Meter Testing and Repair/Replacement Services to, HBK Water
 Meter Service, Inc. for an amount not to exceed $238,227.50
6. 25-0054 Approve the amended award to include two one-year options to Contract
 23-013, Residential Water Meter Replacement Program, to Calumet City
 Plumbing Company, Inc., and approve Option Year #1 for an amount not to
 exceed $285,660
7. 25-0103 Approve the award of Option Year #2 to Contract 21-243, Consulting
 Engineering Services for Soils and Materials Testing, to NASHnal Soil
 Testing, LLC for an amount not to exceed $120,000
8. 25-0084 Approve the award of Option Year #3 to Contract 22-036, Landscape
 Restoration Services, to Semper Fi Landscaping, Inc. and Local Lawn
 Care and Landscaping for an amount not to exceed $750,000
9. 24-1091 Approve the award of Change Order #1 to Contract 23-183, Smart 9-1-1
 Safety Solution Renewal, to Rave Mobile Safety for an amount not to
 exceed $14,082.19 and a total award of $104,082.19
10. 25-0090 Approve the award of Change Order #3 to Contract 24-023, 2024 Street
 Resurfacing Program - MFT North, to K-Five Construction Corporation for
 an amount not to exceed $100,501.91, for a total award of $6,657,305.62,
 and an additional 59 calendar days

11. 25-0133 Accept the public street and streetlight improvements at Linden Woods
 Subdivision and authorize the City Clerk to reduce the corresponding
 public improvement surety




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12. 25-0008 Waive the first reading and pass the ordinance amending Chapter 7
 (Tattooing and Body Piercing) of Title 4 (Health and Sanitation) of the
 Naperville Municipal Code to modify the definition of body piercing - PZC
 24-1-144 (requires 6 positive votes)

13. 25-0131 Waive the first reading and pass the ordinance amending Section 5-2C-3
 (Exterior Wall Construction) of the Naperville Municipal Code to permit
 composite siding as an acceptable masonry material

14. 25-0096 Pass the ordinance reserving the City’s 2025 Volume Cap

15. 25-0136 Adopt the resolution authorizing the settlement contract between Chris
 Garon and the City of Naperville

16. 25-0137 Adopt the resolution authorizing the settlement contract between James
 Martino and the City of Naperville

17. 25-0139 Adopt the resolution approving prior unapproved closed session meeting
 minutes, designating certain closed session meeting minutes as
 non-restricted, and continuing to maintain the confidentiality of all other
 restricted closed session meeting minutes

J. PUBLIC HEARINGS:
1. 25-0075 Conduct the public hearing for the Community Development Block Grant
 (CDBG) 2025-2029 Consolidated Plan and Program Year 2025 Annual
 Action Plan (Item 1 of 2)
2. 25-0076 Approve the Community Development Block Grant (CDBG) 2025-2029
 Consolidated Plan and Program Year 2025 Annual Action Plan allocating
 $535,000 (Item 2 of 2)

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 25-0035B Pass the ordinance granting a variance to Section 6-7D-4 of the Naperville
 Municipal Code to permit a General Service use on the first floor at 47 E
 Chicago Avenue - PZC 24-1-132

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:
1. 25-0059 Approve the award of Option Year #2 to Contract 23-016, Sanitary Sewer
 Service Lateral Lining and Vac-A-Tee Installation, to Performance
 Pipelining, Inc. for an amount not to exceed $1,901,168.00 , plus a 3%
 contingency



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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 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
 http://www.naperville.il.us/

 Meeting Minutes - Final

 City Council


Tuesday, February 4, 2025 7:00 PM Council Chambers


TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE: • Watch on WCNC
GOVERNMENT ACCESS TELEVISION (Ch. 6-Astound, Ch. 10 - Comcast, Ch. 99 – AT&T
U-verse) • Watch online at https://naperville.legistar.com

TO PROVIDE PUBLIC COMMENT:

The public may choose to provide public comment in any of the following ways:

1. Address the City Council live during the City Council meeting in-person in City Council
Chambers. Individuals wishing to address the City Council during the meeting must sign up online
at www.naperville.il.us/speakersignup by 6:30 p.m. on February 4.

2. Individuals can also have their name added to the speaker list by calling the Community
Services Department at (630) 305-5300 by 6:30 p.m. on February 4.

3. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on
February 4. Written comments will be compiled and posted with the electronic meeting agenda
on the City’s website prior to the start of the meeting. The cumulative number of comments will be
announced during the City Council meeting.

4. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda
item by 4 p.m. on February 4. The names of participants who submitted position statements will
be compiled and posted with the electronic meeting agenda on the City’s website prior to the
start of the meeting. The cumulative number of position statements will be announced during the
City Council meeting.

There will be no on-site speaker sign up permitted.




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City Council Meeting Minutes - Final February 4, 2025

PUBLIC ACCOMMODATION:

• Any individual who may require an accommodation to listen to or participate in the meeting
should contact the Community Services Department at (630) 305-5300 by 4 p.m. on February 4.
• Questions regarding online sign-up may be directed to the Community Services Department by
calling (630) 305-5300.

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

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

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

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

A. CALL TO ORDER:

B. ROLL CALL:
 Present: 9- Mayor Scott Wehrli
 Councilwoman Jennifer Bruzan Taylor
 Councilman Ian Holzhauer
 Councilman Patrick Kelly
 Councilman Paul Leong
 Councilwoman Allison Longenbaugh
 Councilman Josh McBroom
 Councilman Benjamin White
 Councilman Nathan Wilson

C. CLOSED SESSION - 6:00 p.m.
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 recess to Closed Session to discuss [5 ILCS 120/2(c)(21)] Approval of Minutes, [5
 ILCS 120/2(c)(11)] Litigation [5 ILCS 120/2(c)(2)] Collective Bargaining and [5 ILCS
 120/2(c)(5)] Purchase of Property. The motion carried by the following vote:

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

OPEN SESSION - 7:00 p.m.


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D. ROLL CALL:
 Present: 9- Mayor Scott Wehrli
 Councilwoman Jennifer Bruzan Taylor
 Councilman Ian Holzhauer
 Councilman Patrick Kelly
 Councilman Paul Leong
 Councilwoman Allison Longenbaugh
 Councilman Josh McBroom
 Councilman Benjamin White
 Councilman Nathan Wilson




 Also Present
 City Manager, Doug Krieger; Deputy City Manager, Pam Gallahue; City Attorney,
 Mike DiSanto; City Clerk, Dawn Portner; Assistant to the City Manager, Marcie
 Schatz; Deputy Fire Chief Phil Giannattasio; Police Chief, Jason Arres; Director
 of Finance, Raymond Munch; Director of IT, Jacqueline Nguyen; Director of
 TED, Bill Novack; Deputy Director of TED, Allison Laff; Budget and
 Administrative Manager Christine Schwartzhoff; Director of Public Utilities -
 Electric, Brian Groth; Director of Public Utilities - Water, Darrell Blenniss;
 Director of Community Services, Melanie Marcordes; Director of Human
 Resources, Blaine Wing.

 Daily Herald, Naperville Sun, NCTV-17

E. PLEDGE TO THE FLAG:

 The pledge was given.


 Mayor Wehrli called for a moment of silence for EMS Division Chief Doug
 Erwin.

F. AWARDS AND RECOGNITIONS:

1. Proclaim the month of February as Black History month in the City of Naperville

 The proclamation was presented by Councilman White.

G. PUBLIC FORUM:

 SPEAKERS

 Overuse of salt in the downtown area
 Julie Kulak (Naperville) discussed the overuse of salt in downtown, which could
 impact the environment and contribute to river pollution.

 Neighborhood safety concern
 Dana Schultz, Gina Gedutis, Myra Lagtapon (Naperville) discussed safety
 concerns at 1105 Modaff.

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 Children’s safety in West Highlands Neighborhood
 Sandra Garcia (Naperville Happy Times Preschool) discussed safety concerns
 at 1105 Modaff.

 Safety concerns with drop-off at St. Raphael Catholic School
 Zach Plancich (Naperville) discussed safety concerns at 1105 Modaff.

 Continuing issues at 1105 Modaff Rd.
 Richard Jecha (Naperville) discussed safety concerns at 1105 Modaff.

 Support Naperville immigrants
 Diana Torres Hawken (Naperville, ALMAS) discussed the need to support
 immigrant communities and the urgency of aligning policies and practices with
 the City's shared values of inclusion and equity.

 Black History Month Proclamation
 Catherine Clarkin (Naperville) thanked the Council for acknowledging the
 importance of Black History Month.

 Safety concerns, Modaff & Gartner residence
 Christopher Crofford (Naperville) discussed safety concerns at 1105 Modaff.

 Upcoming community event
 Maureen Stillman (Naperville, NEST) invited the community to an event hosted
 by North Central College and NEST titled "Decarbonizing the Grid". The event
 will be held on February 17, 2025 at Wentz Science Center beginning at 6:30
 p.m.

 3 minutes with NEST
 Ted Bourlard (Naperville) thanked the Council for welcoming over 200 residents
 to the January 21, 2025 Council meeting where speakers discussed why
 Naperville needs to prioritize clean energy and the benefits of adopting
 sustainable energy solutions.

 Council discussed safety issues at 1105 Modaff, a nuisance abatement
 ordinance, the amount of salt being used in downtown Naperville, the Police
 Department's response to immigration issues and the proper use of campaign
 signs.

 Arres confirmed that the Police Department takes action on all crimes and
 pursues arrests. The January 31, 2025, incident at 1105 Modaff led to an arrest,
 with extra patrols, including the Strategic Response Unit, added to the area.
 Additional patrols will be in place during school drop-off and pick-up. The
 landlord has been notified but remains resistant to changes.

 Novack stated Code Enforcement has been called to this residence on two
 occasions in the past two years and both times the issues have been resolved.
 If anyone sees anything, he urged residents to call 911 for police matters and
 use the City's website for Code Enforcement reports, assuring anonymity for
 callers.

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 Schwartzhoff stated Public Works has taken measures to reduce the amount of
 salt being used in the downtown and they understand the environmental
 concerns, but their number one priority is the safety of our motorists and
 pedestrians. Additional training has been provided to the contractors and staff
 responsible for the downtown and they will reduce the amount of salt when
 possible.

 Arres stated State law prevents the Police Department from providing any
 assistance on issues involving immigration enforcement unless there is a
 criminal warrant involved.

 Wehrli reminded all candidates running for office in the upcoming election to be
 aware of the sign ordinance in the City's Municipal Code, signs cannot be
 placed in the public right-a-way and if the signs are placed on private property
 they must have the approval of the property owner.


 WRITTEN COMMENTS
 Diana Torres Hawken (Naperville), Alliance of Latinos Motivating Action in the
 Suburbs (ALMAS), A Call to Stand Up for Immigrant Communities - At ALMAS
 (Alliance of Latinos Motivating Action in the Suburbs), our mission has always
 been to celebrate the diverse Latino cultures and stories, foster meaningful
 community connections, and empower individuals through education,
 leadership, civic engagement, and cultural initiatives. As the first Latino-led and
 Latino-serving nonprofit in Naperville, we hold a unique and vital role in
 championing the voices and experiences of our community. In light of recent
 events and ongoing challenges faced by immigrant communities across the
 nation, we reaffirm our unwavering commitment to stand with our neighbors,
 friends, and families. The political climate and increased threats to immigrant
 communities have created a ripple of fear and uncertainty, but history has
 shown us that solidarity, leadership, and community action are the antidotes to
 these trying times. Naperville has a unique opportunity to lead by example
 among suburban Illinois communities. Mayor Scott Wehrli’s proclamation of
 October 28, 2023, as "Immigrants Day in the City of Naperville"-an initiative led
 by ALMAS in collaboration with local organizations was a testament to the city’s
 dedication to diversity and inclusion. According to the 2021 Census, 21.6% of
 Naperville residents (32,337 people) were born outside the U.S., and 25.9% of
 households speak a language other than English at home. This rich cultural
 tapestry is a cornerstone of Naperville’s identity. However, declarations and
 celebrations are just the beginning. Now, more than ever, is the time for action
 to ensure that our policies and practices reflect our shared values of inclusion
 and equity. We respectfully urge the Naperville City Council to consider the
 following steps: Implement Data Protection Policies: Safeguard personal
 information from misuse by federal immigration agencies. Develop Safe


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 Spaces: Designate public buildings as safe zones where all residents,
 regardless of immigration status, feel secure. Provide Resources: Expand
 access to legal, educational, and support services to meet the growing needs of
 our immigrant communities. Engage the Community: Host workshops and
 educational initiatives to inform residents of their rights and empower allies to
 support vulnerable neighbors. Cities like Evanston have set powerful
 precedents with initiatives such as their “Welcoming City Ordinance,” actively
 supporting immigrant communities and fostering trust within their
 neighborhoods. Naperville, with its resources, diversity, and reputation as a
 family-friendly city, can adopt and build upon these policies to create a safe,
 inclusive environment where all residents can thrive. Our commitment extends
 beyond cultural celebration-it is a pledge to advocate for justice, fairness, and
 opportunity for all. We believe that by aligning with our state’s sanctuary policies
 and demonstrating a commitment to social justice, Naperville can lead the way
 in fostering a safe and inclusive environment for all its residents, workers, and
 visitors. ALMAS Board of Directors stands ready to collaborate with the City
 Council to make these goals a reality. Together, we can create a stronger, more
 inclusive Naperville where every resident feels valued, supported, and
 empowered. Thank you for your attention to this important matter. Your
 leadership is essential in shaping a community that reflects the best of who we
 are.
 Respectfully,
 ALMAS Board of Directors




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

I. CONSENT AGENDA:
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 approve the Consent Agenda including I13 with the amended ordinance
 published via the Council Q&A and removing I5. The motion carried by the
 following vote:

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

1. Approve the regular City Council meeting minutes of January 21, 2025
 Council approved.


2. Approve the City Council meeting schedule for February, March, and April 2025


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 Council approved.


3. Approve appointment to the Special Events & Community Arts Commission
 Council approved.


4. Approve the award of Cooperative Procurement 25-040, Naper Settlement Century
 Memorial Chapel HVAC Equipment Improvements, to Midwest Mechanical for an amount
 not to exceed $315,000
 Council approved.


5. Approve the award of Option Year #1 to Contract 22-027, Large Diameter Water Meter
 Testing and Repair/Replacement Services to, HBK Water Meter Service, Inc. for an
 amount not to exceed $238,227.50
 Council discussed the Responsible Bidders Ordinance (RBO), focusing on the
 requirement for vendors to participate in the U.S. Department of Labor's
 apprenticeship program.

 Council directed staff to do some additional research on this requirement and
 report back to the Council at the next meeting scheduled for February 18, 2025.
 A motion was made by Councilman Holzhauer, seconded by Councilman White,
 to table the award of Option Year #1 to Contract 22-027, Large Diameter Water
 Meter Testing and Repair/Replacement Services to, HBK Water Meter Service,
 Inc. for an amount not to exceed $238,227.50 until the February 18, 2025 City
 Council meeting. The motion carried by the following vote:

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

 Nay: 1- Leong


6. Approve the amended award to include two one-year options to Contract 23-013,
 Residential Water Meter Replacement Program, to Calumet City Plumbing Company,
 Inc., and approve Option Year #1 for an amount not to exceed $285,660
 Council approved.


7. Approve the award of Option Year #2 to Contract 21-243, Consulting Engineering
 Services for Soils and Materials Testing, to NASHnal Soil Testing, LLC for an amount not
 to exceed $120,000
 Council approved.


8. Approve the award of Option Year #3 to Contract 22-036, Landscape Restoration
 Services, to Semper Fi Landscaping, Inc. and Local Lawn Care and Landscaping for an
 amount not to exceed $750,000
 Council approved.


9. Approve the award of Change Order #1 to Contract 23-183, Smart 9-1-1 Safety Solution

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City Council Meeting Minutes - Final February 4, 2025

 Renewal, to Rave Mobile Safety for an amount not to exceed $14,082.19 and a total
 award of $104,082.19
 Council approved.


10. Approve the award of Change Order #3 to Contract 24-023, 2024 Street Resurfacing
 Program - MFT North, to K-Five Construction Corporation for an amount not to exceed
 $100,501.91, for a total award of $6,657,305.62, and an additional 59 calendar days
 Council approved.


11. Accept the public street and streetlight improvements at Linden Woods Subdivision and
 authorize the City Clerk to reduce the corresponding public improvement surety
 Council accepted.


12. Waive the first reading and pass the ordinance amending Chapter 7 (Tattooing and Body
 Piercing) of Title 4 (Health and Sanitation) of the Naperville Municipal Code to modify the
 definition of body piercing - PZC 24-1-144 (requires 6 positive votes)
 ORD 25-003

 Council passed.


13. Waive the first reading and pass the ordinance amending Section 5-2C-3 (Exterior Wall
 Construction) of the Naperville Municipal Code to permit composite siding as an
 acceptable masonry material
 ORD 25-004

 Council passed with the amended ordinance published via the Council Q&A.


14. Pass the ordinance reserving the City’s 2025 Volume Cap

 ORD 25-005

 Council passed.


15. Adopt the resolution authorizing the settlement contract between Chris Garon and the City
 of Naperville
 RES 25-03

 Council adopted.


16. Adopt the resolution authorizing the settlement contract between James Martino and the
 City of Naperville
 RES 25-04

 Council adopted.


17. Adopt the resolution approving prior unapproved closed session meeting minutes,
 designating certain closed session meeting minutes as non-restricted, and continuing to
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City Council Meeting Minutes - Final February 4, 2025

 maintain the confidentiality of all other restricted closed session meeting minutes
 RES 25-05

 Council adopted.

J. PUBLIC HEARINGS:

1. Conduct the public hearing for the Community Development Block Grant (CDBG)
 2025-2029 Consolidated Plan and Program Year 2025 Annual Action Plan (Item 1 of 2)
 Mayor Wehrli opened the Public Hearing at 8:17 p.m.

 Council discussed what HUD requires of the City other than creating the
 Consolidated and Annual Action Plans.

 Krieger stated there are restrictions on how the funds are used, the program
 has been very effective and the City has maintained compliance with all the
 regulations.
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 close the public hearing for the Community Development Block Grant (CDBG)
 2025-2029 Consolidated Plan and Program Year 2025 Annual Action Plan at 8:19
 p.m. The motion carried by a voice vote.

2. Approve the Community Development Block Grant (CDBG) 2025-2029 Consolidated
 Plan and Program Year 2025 Annual Action Plan allocating $535,000 (Item 2 of 2)
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 approve the Community Development Block Grant (CDBG) 2025-2029
 Consolidated Plan and Program Year 2025 Annual Action Plan allocating
 $535,000. The motion carried by the following vote:

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

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Pass the ordinance granting a variance to Section 6-7D-4 of the Naperville Municipal
 Code to permit a General Service use on the first floor at 47 E Chicago Avenue - PZC
 24-1-132
 SPEAKER
 Caitlyn Cullbertson (Petitioner on behalf of Fidelity Brokerage Services LLC)
 requested a variance to allow general service use on the ground floor of the
 property, Fidelity will only be using a small portion of the first floor area along
 Washington Street, the first floor of the property will be used as a retail space
 and not a reception area, it will be dedicated to serving 50-70 clients a day who
 will be conducting banking needs, the second floor will be used as an
 investment center and Fidelity will have 45 employees dedicated to building
 relationships within the community.
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 Council discussed the email that was sent by the petitioner back in 2023, what
 would happen to the space if the variance was denied, the number of
 employees on site, the hours the business would operate, the DNA Board and
 businesses in the downtown opposing the variance and no sales tax being
 generated if this variance was approved.

 Laff stated initial conversations with Fidelity began in January of 2023. Staff
 reviewed the proposal and the written description of the operations of the
 business and made the determination the proposal met the qualifications for a
 bank on the first floor. When prints were submitted a year and a half later
 including specific description of the business operations, it was determined the
 description did not match the description staff was given in 2023. Additional
 discussions took place with the petitioner and staff was informed the new plan
 did not include a bank or retail space. Staff communicated with the petitioner
 that the City's position had changed and put this request into the financial
 institution category which led to the need for a variance. When staff reviewed
 the variance request based on the other benefits, such as the use of the second
 floor and customer activity on the first floor, these benefits were added as a
 condition in the ordinance and led staff to recommend support of the variance.

 The petitioner agreed to the following conditions:
 - Staffing will be maintained on the first floor at all times during the normal
 business hours.
 - Business hours will be consistent with normal banking hours, Monday - Friday
 8:30 a.m. - 5:00 p.m..
 - There will be a minimum of 45 full-time employees working on the first and
 second floors combined on the property.

 WRITTEN COMMENTS ONLY
 Ron Amato (Naperville) Dear Mayor Wehrli and City Council Members:
 I hope this finds you well. I write in support of Fidelity Brokerage Services, LLC’s
 request to use the first floor of the East Chicago Avenue property in order to
 greet clients, receive deposits, and transact business, and to obtain a variance
 that will allow it to conduct those activities (which are defined as General
 Services) on the ground floor/first floor of the location on East Chicago Avenue. I
 note that in the B-4 District, banking is considered a Commercial Service (as
 evidenced by several banking institutions in the downtown area), and that
 Fidelity will be engaging in activities that are not substantially different from retail
 banking. The fact that the current ordinance would allow a bank to use a first
 floor lobby by right, but not a financial institution/investment company such as
 Fidelity, does not make a whole lot of sense. I have worked in and around the
 securities and investment business for more than 30 years, and Fidelity has an
 excellent reputation in the industry. I do not personally do business with Fidelity,


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City Council Meeting Minutes - Final February 4, 2025

 but the company provides many low cost and no cost open-ended mutual funds
 for retail investors to invest and save for retirement, college, etc. Downtown
 Naperville and City leaders should welcome this type of business in our
 downtown business district. Further, the Fidelity office will both employ local
 residents as well as draw clients to our downtown, where they are likely to
 shop, dine in restaurants and patronize other businesses. Lastly, while some
 residents may have their own ideas about what type of businesses they would
 like to see in that location, it is my understanding that the property owner has
 already entered into a lease with Fidelity. Denying the variance would only result
 in the ground floor space being unused, under-utilized and remaining vacant.
 For those reasons, I respectfully request that you grant the variance as
 recommended by City Staff and approved by the PZC. Thank you for your time
 and consideration.

 ORD 25-006


 A motion was made by Councilman Kelly, seconded by Councilman White, to
 pass the ordinance granting a variance to Section 6-7D-4 of the Naperville
 Municipal Code to permit a General Service use on the first floor at 47 E Chicago
 Avenue, conditioned on the assertions made by the petitioners regarding the
 number of employees on the first and second floors, future use of the building
 and the staffing and hours of the first and second floors being consistent with
 normal business practices of the banking industry. The motion carried by the
 following vote:

 Aye: 7- Wehrli, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson

 Nay: 2- Bruzan Taylor, and Holzhauer

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

1. Approve the award of Option Year #2 to Contract 23-016, Sanitary Sewer Service Lateral
 Lining and Vac-A-Tee Installation, to Performance Pipelining, Inc. for an amount not to
 exceed $1,901,168.00 , plus a 3% contingency
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 approve the award of Option Year Two to Contract 23-016, 2023 Sanitary Sewer
 Service Lateral Lining and Vac-A-Tee Installation, to Performance Pipelining,
 Inc. for an amount not to exceed $1,901,168.00 plus a 3% contingency. The
 motion carried by the following vote:

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

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

P. NEW BUSINESS:

 Amending the City's Zoning Code
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City Council Meeting Minutes - Final February 4, 2025

 Kelly discussed adding retail banking as part of the current financial institution
 definition in the City's Zoning Code so future banking institutions would not be
 allowed to have facilities on the first floor in downtown Naperville.

 By consensus Council directed staff to prepare an ordinance amending the
 City's zoning code to incorporate retail banks into the definition of financial
 institutions within the downtown zoning district in order to prohibit retail banks
 from locating on the first floor unless a variance is granted.

 Lunar New Year
 Leong wished a Happy Lunar New Year to the Chinese American Community
 and other communities who observe the Lunar calendar.

 Nuisance Abatement Ordinance
 McBroom discussed researching other communities who have a nuisance
 abatement ordinance in their Municipal Code.

 By consensus Council directed staff to research what other communities have
 a nuisance abatement ordinance in their Municipal Codes and report the
 findings to the Council at a future Council meeting.

Q. ADJOURNMENT:
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 adjourn the Regular City Council Meeting of February 4, 2025 at 8:54 p.m. The
 motion carried by a voice vote.




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




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