City Council — Naperville, IL
Date: 2023-01-17

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



 Meeting Agenda

 City Council

Tuesday, January 17, 2023 7:00 PM Council Chambers



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

TO SUBMIT PUBLIC COMMENT OR SPEAK LIVE AT THE MEETING: To address the City
Council in-person in City Council Chambers, members of the public must register by 4 p.m.
on January 17 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 4 p.m. on
January 17. 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.

2. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific
agenda item. 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.

3. Address the City Council live during the City Council meeting in-person in City Council
Chambers. Individuals wishing to address the Council during the meeting must sign up to
speak by 4 p.m. on January 17.
Online sign-up closes at 4 p.m. on January 17, at which time no other speakers or comments
will be accepted. There will be no on-site speaker sign up.

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 January
17.
• Questions regarding online sign-up may be directed to the Community Services Department
by calling (630) 305-5300.




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City Council Meeting Agenda January 17, 2023



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

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

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

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

A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - 5:45 p.m.

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

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

I. CONSENT AGENDA:
1. 23-0042 Approve the Cash Disbursements for the period of 12/01/2022 through
 12/31/2022 for a total of $37,559,016.83




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City Council Meeting Agenda January 17, 2023


2. 23-0044 Approve the regular City Council meeting minutes of December 20,
 2022

3. 23-0021 Approve the City Council meeting schedule for February, March and
 April 2023

4. 23-0047 Approve appointments to various Boards & Commissions

5. 23-0017 Approve the award of Option Year One to Contract 21-365, Electronic
 Bill Payment, to Fidelity Information Services, LLC for an amount not to
 exceed $199,399
6. 22-1535 Approve the award of Change Order #1 to Contract 21-059, Outage
 Management System, to Schneider Electric for an additional 11 months
 to December 10, 2023
7. 22-1558 Approve the award of Change Order #2 to Option Year 1 of Contract
 19-273, Traffic Signal and Street Light Maintenance, to Meade, Inc. for
 an amount not to exceed $32,303.23 and a total award of $905,617.74
8. 22-1550 Approve the award of Bid 22-341, Molded Rubber and Cold Shrink
 Products, to Universal Utility Supply, Fletcher-Reinhardt Company,
 RESCO, Wesco Distribution Inc. and Power Line Supply for an amount
 not to exceed $160,000 and for a one-year term
9. 22-1596 Approve the award of Bid 22-187, Aggregate Materials, to Boughton
 Materials, Inc. for an amount not to exceed $442,901.50, and for a
 one-year term
10. 22-1594 Approve the award of RFP 22-287, Land Mobile Radio (LMR)
 Consultant Services, to TUSA Consulting Services for an amount not to
 exceed $194,620 and for a three-year term with two, one-year options
11. 23-0012 Approve the award of Cooperative Procurement 23-025, General
 Supplies and Equipment, to Amazon for an amount not to exceed
 $250,000 and for a 12-month term
12. 23-0024 Approve the payment of $162,750 to DuPage County for off-site wetland
 mitigation for the North Aurora Road Underpass project

13. 23-0020 Approve an extension to Contract 17-039, EMS and Non-EMS Billing
 Services, to Andres Medical Billing & Fire Recovery USA LLC, for a
 six-month period and total dollars collected for EMS and Non-EMS
 billing services
14. 22-1597 Accept the public underground improvements at Tru by Hilton and
 authorize the City Clerk to reduce the corresponding public improvement
 surety

15. 23-0011 Pass the ordinance reserving the City’s 2023 Volume Cap




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16. 23-0013 Pass the ordinance proposing and setting a public hearing for the
 establishment of Special Service Area No. 35 for streetscape
 improvements along Washington Street from Benton Avenue to Chicago
 Avenue in downtown Naperville

17. 22-1273C Waive the first reading and pass the ordinance for an overnight parking
 exemption on Shandrew Drive and Blakely Lane for the Vintage Club
 (requires six positive votes) (Item 1 of 2)

18. 22-1310C Waive the first reading and pass the ordinance for parking restrictions
 on the west side of Shandrew Drive and the north side of Blakley Lane

19. 23-0007 Adopt the resolution of Official Intent for Reimbursement of Capital
 Projects

J. PUBLIC HEARINGS:
1. 23-0043 Conduct the public hearing and direct staff to prepare ordinances
 approving the Block 59 Business District Plan and setting an associated
 Business District tax of one percent

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 22-1468C Pass the ordinance amending Chapter 11 (Historic Preservation) of Title
 6 (Zoning Ordinance) regarding the Designation of Landmarks and
 owner consent - PZC 22-1-113

2. 23-0023 Option 1: Concur with staff and uphold the Zoning Administrator’s
 interpretation of the setback variance granted through ordinance
 21-111; or Option 2: Concur with the PZC and petitioner and overturn
 the Zoning Administrator’s interpretation of the setback variance granted
 through ordinance 21-111

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:
1. 22-0505F Provide direction regarding the proposed Affordable Housing Incentive
 Program (AHIP) - PZC 22-1-017

P. NEW BUSINESS:




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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 5 Printed on 1/11/2023

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



 Meeting Minutes

 City Council


Tuesday, January 17, 2023 7:00 PM Council Chambers


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

TO SUBMIT PUBLIC COMMENT OR SPEAK LIVE AT THE MEETING: To address the City
Council in-person in City Council Chambers, members of the public must register by 4 p.m. on
January 17 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 4 p.m. on
January 17. 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.

2. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda
item. 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.

3. Address the City Council live during the City Council meeting in-person in City Council
Chambers. Individuals wishing to address the Council during the meeting must sign up to speak
by 4 p.m. on January 17.
Online sign-up closes at 4 p.m. on January 17, at which time no other speakers or comments will
be accepted. There will be no on-site speaker sign up.

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 January 17.
• Questions regarding online sign-up may be directed to the Community Services Department by
calling (630) 305-5300.




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City Council Meeting Minutes January 17, 2023

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 5:45 p.m.

B. ROLL CALL:
 Present: 9- Mayor Steve Chirico
 Councilwoman Jennifer Bruzan Taylor
 Councilman Paul Hinterlong
 Councilman Ian Holzhauer
 Councilman Patrick Kelly
 Councilman Paul Leong
 Councilwoman Theresa Sullivan
 Councilman Benjamin White
 Councilwoman Nicki Anderson

C. CLOSED SESSION - 5:45 p.m.
 A motion was made by Councilman Hinterlong, seconded by Councilman White,
 to recess to Closed Session to discuss 120/2(c)(5) Purchase of Property, 120/2(c)
 (11) Pending Litigation, 120/2(c)(21) Approval of Minutes. The motion carried by
 the following vote:

 Aye: 9- Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, White, and
 Anderson

OPEN SESSION - 7:00 p.m.

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

D. ROLL CALL:


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City Council Meeting Minutes January 17, 2023

 Present: 9- Mayor Steve Chirico
 Councilwoman Jennifer Bruzan Taylor
 Councilman Paul Hinterlong
 Councilman Ian Holzhauer
 Councilman Patrick Kelly
 Councilman Paul Leong
 Councilwoman Theresa Sullivan
 Councilman Benjamin White
 Councilwoman Nicki Anderson




 Also Present
 City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; City
 Attorney, Mike DiSanto; Director of Community Services/City Clerk, Pam
 Gallahue; Fire Chief, Mark Puknaitis; Police Chief, Jason Arres; Director of
 Finance, Rachel Mayer; Director of IT, Jacqueline Nguyen; Director of TED, Bill
 Novack; Deputy Director of TED, Allison Laff; Director of Public Utilities -
 Electric, Brian Groth; Director of Public Utilities - Water, Darrell Blenniss, Jr.;
 Director of Public Works, Dick Dublinski, Director of Communications, Linda
 LaCloche

 Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 The pledge was given.

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

 TED Review Process
 Marilyn L Schweitzer (Naperville) requested that any submittal include a
 statement from staff that it has been reviewed for compliance with ordinances.

 Laff explained that cases proposed at Planning and Zoning Commission (PZC)
 are not required to be in full technical compliance until they are presented to the
 City Council, that PZC is not reviewing plans for technical requirements
 because that is staff’s responsibility, and that plans may contain
 non-compliance but by the time it gets to Council all items have been reviewed.

 DuPage Environmental Summit - Electrify DuPage
 Amy Phillips (Naperville - The Conservation Foundation) discussed the summit
 on January 19 and the benefits of installing EV charging stations.

 Groth explained municipal incentives offered for installing residential and
 commercial EV charging stations and stated any questions can be directed to
 the Electric Utility.

 3 Minutes with NEST Regular topic

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City Council Meeting Minutes January 17, 2023

 Barbara Benson (Naperville - NEST) discussed benefits of, and processes to,
 making buildings more energy efficient and urged the City to adopt the Stretch
 Codes drafted by the State of Illinois.


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

I. CONSENT AGENDA:

 Approval of the Consent Agenda

 A motion was made by Councilman Hinterlong, seconded by Councilman
 White, to approve the Consent Agenda with the exception of items I17 and
 I18. The motion carried by the following vote:

 Aye: 9- Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, White,
 and Anderson

 1. Approve the Cash Disbursements for the period of 12/01/2022 through 12/31/2022
 for a total of $37,559,016.83
 Council approved.


 2. Approve the regular City Council meeting minutes of December 20, 2022

 Council approved.


 3. Approve the City Council meeting schedule for February, March and April 2023

 Council approved.


 4. Approve appointments to various Boards & Commissions

 Council approved.


 5. Approve the award of Option Year One to Contract 21-365, Electronic Bill Payment, to
 Fidelity Information Services, LLC for an amount not to exceed $199,399
 Council approved.


 6. Approve the award of Change Order #1 to Contract 21-059, Outage Management
 System, to Schneider Electric for an additional 11 months to December 10, 2023
 Council approved.


 7. Approve the award of Change Order #2 to Option Year 1 of Contract 19-273, Traffic
 Signal and Street Light Maintenance, to Meade, Inc. for an amount not to exceed
 $32,303.23 and a total award of $905,617.74

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City Council Meeting Minutes January 17, 2023


 Council approved.


 8. Approve the award of Bid 22-341, Molded Rubber and Cold Shrink Products, to
 Universal Utility Supply, Fletcher-Reinhardt Company, RESCO, Wesco Distribution
 Inc. and Power Line Supply for an amount not to exceed $160,000 and for a one-year
 term
 Council approved.


 9. Approve the award of Bid 22-187, Aggregate Materials, to Boughton Materials, Inc.
 for an amount not to exceed $442,901.50, and for a one-year term
 Council approved.


 10. Approve the award of RFP 22-287, Land Mobile Radio (LMR) Consultant Services, to
 TUSA Consulting Services for an amount not to exceed $194,620 and for a three-year
 term with two, one-year options
 Council approved.


 11. Approve the award of Cooperative Procurement 23-025, General Supplies and
 Equipment, to Amazon for an amount not to exceed $250,000 and for a 12-month
 term
 Council approved.


 12. Approve the payment of $162,750 to DuPage County for off-site wetland mitigation for
 the North Aurora Road Underpass project
 WRITTEN COMMENT ONLY
 Steven Shamrock (Naperville) On the Agenda for January 17 is approval of
 payment for wetlands banking. What is the purpose of wetland banking and why
 does Naperville need to or has chosen to make the payment?


 Council approved.


 13. Approve an extension to Contract 17-039, EMS and Non-EMS Billing Services, to
 Andres Medical Billing & Fire Recovery USA LLC, for a six-month period and total
 dollars collected for EMS and Non-EMS billing services
 Council approved.


 14. Accept the public underground improvements at Tru by Hilton and authorize the City
 Clerk to reduce the corresponding public improvement surety
 Council approved.


 15. Pass the ordinance reserving the City’s 2023 Volume Cap

 ORD 23-001

 Council passed.
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 16. Pass the ordinance proposing and setting a public hearing for the establishment of
 Special Service Area No. 35 for streetscape improvements along Washington Street
 from Benton Avenue to Chicago Avenue in downtown Naperville
 POSITION STATEMENT - SUPPORT
 Marilyn L Schweitzer (Naperville)

 ORD 23-002
 Council passed.


 17. Waive the first reading and pass the ordinance for an overnight parking exemption on
 Shandrew Drive and Blakely Lane for the Vintage Club (requires six positive votes)
 (Item 1 of 2)
 POSITION STATEMENT
 Arijit Ghosh (Naperville) - SUPPORT

 Council discussed overnight parking, that it can interfere with City services, that
 it can increase the opportunity for stolen vehicles, and that procedures are
 already in place for temporary overnight parking.

 ORD 23-003



 A motion was made by Councilman Hinterlong, seconded by Councilman
 White, to waive the first reading and pass the ordinance for an overnight
 parking exemption on Shandrew Drive and Blakely Lane for the Vintage
 Club. The motion carried by the following vote:

 Aye: 6- Chirico, Holzhauer, Kelly, Sullivan, White, and Anderson

 Nay: 3- Bruzan Taylor, Hinterlong, and Leong


 18. Waive the first reading and pass the ordinance for parking restrictions on the west
 side of Shandrew Drive and the north side of Blakley Lane
 POSITION STATEMENT
 Arijit Ghosh (Naperville) - SUPPORT
 Renee Waldron Kesepalli (Naperville-Sedgwick community) - OPPOSE

 ORD 23-004


 A motion was made by Councilman Hinterlong, seconded by Councilman
 White, to waive the first reading and pass the ordinance to establish no
 parking on the west side of Shandrew Drive and the north side of Blakely
 Lane for the Vintage Club. The motion carried by the following vote:

 Aye: 6- Chirico, Holzhauer, Kelly, Sullivan, White, and Anderson

 Nay: 3- Bruzan Taylor, Hinterlong, and Leong



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City Council Meeting Minutes January 17, 2023

 19. Adopt the resolution of Official Intent for Reimbursement of Capital Projects

 RES 23-01

 Council adopted.

J. PUBLIC HEARINGS:

1. Conduct the public hearing and direct staff to prepare ordinances approving the Block 59
 Business District Plan and setting an associated Business District tax of one percent
 Chirico opened the public hearing at 7:20 p.m.

 Andrew Balzer, Brixmor (Petitioner) presented details on the proposed Block 59
 Business District and specifically dicussed the current vacant square footage,
 the proposed increase of community gathering spaces, the opportunity to
 create a new regional shopping/dining destination, that it will generate $21.2
 million in additional tax revenue over ten years, that 67% of Westridge Court
 visitors came from outside Naperville in the past two years, and the increase to
 school district revenue.

 Basim Esmail (Naperville) spoke against the proposed Block 59 Business
 District.

 Adrian Talley (Naperville - Indian Prairie School District 204 [D204]) spoke in
 favor of proposed Block 59 Business District.

 Steve Rubin spoke in favor of the proposed Block 59 Business District.

 Council inquired how revenue estimates were calculated.

 Brett Michaelson (Kane McKenna) explained the property tax analysis based on
 estimated growth.

 Balzar explained that estimated sales revenue was determined by configuring
 the development space-by-space and gathering data from similar tenants. He
 said a 1% tax will raise $18.7 million over ten years and the City will receive
 $17.7 million.

 Council discussed vacancies in Westridge Court and Heritage Square, whether
 the tax will be applied to both, the property tax assessment projection,
 enforcement mechanisms, charging higher rate for tenants to pass on to
 customers, the entrance from Jefferson Avenue and making it safer by installing
 a traffic signal.

 Balzar responded that Westridge Court has a 35% vacancy rate and Heritage
 Square is nearly empty, that the tax will be applied to both properties, that rent is
 dictated by the market, and Brixmor is willing to pay the developer portion of
 installing a traffic signal.

 Council discussed setting precedent, evaluating each case on its own merits,
 the definition of "blight," changing the project boundaries, that the majority of
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City Council Meeting Minutes January 17, 2023

 shoppers are coming from outside Naperville, and the positive impact to D204.

 Balzar explained Brixmor will work with staff on the traffic light, that changing the
 project boundary will impact financials, and that the preference is to not
 bifurcate the property.

 Council discussed revised financials of $26M over 21 years if the property to the
 north is excluded, the goal of reducing the payback period in investments, that
 at one point the City considered tearing it down and expanding the auto
 dealerships as the highest and best use for the property, that a traffic light is
 needed on Jefferson today but it may be more appropriate to share the
 installation cost.

 Novack explained options to pay for signal installation.

 Council asked about LEED certified buildings and went on to discuss current
 tax revenue in D204, local and regional property vacancies properties, and that
 the proposal is an opportunity to create a vibrant shopping center.

 DiSanto explained public hearing requirements and that if the proposed
 boundary is changed it may add one month to the review/approval process.
 A motion was made by Councilman Kelly, seconded by Councilwoman Anderson,
 to close the public hearing and direct staff to prepare ordinances approving the
 Block 59 Business District Plan as amended to exclude the northern 20 acres,
 work with the developer to install a traffic signal on Jefferson Street at the
 northern property entrance, and set an associated Business District tax of one
 percent.

 A motion in substitution was made by Councilman Hinterlong, seconded by
 Councilman Leong, to close the public hearing and direct staff to prepare
 ordinances approving the Block 59 Business District Plan as amended to exclude
 the northern 20 acres, include a promissory note requiring Brixmor to pay 50% of
 the traffic signal installation on Jefferson Street at the northern property
 entrance, have staff secure funding for the remaining 50%, and set an associated
 Business District tax of one percent. The motion failed by the following vote:

 Aye: 4- Chirico, Hinterlong, Leong, and White

 Nay: 5- Bruzan Taylor, Holzhauer, Kelly, Sullivan, and Anderson

 A motion was made by Councilman Kelly, seconded by Councilwoman Anderson,
 to close the public hearing and direct staff to prepare ordinances approving the
 Block 59 Business District Plan as amended to exclude the northern 20 acres,
 work with the developer to install a traffic signal on Jefferson Street at the
 northern property entrance, and set an associated Business District tax of one
 percent. The motion failed by the following vote:

 Aye: 3- Kelly, White, and Anderson

 Nay: 6- Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Leong, and Sullivan

 A motion was made by Councilwoman Anderson, seconded by Councilman
 White, to close the public hearing and direct staff to prepare ordinances
 approving the Block 59 Business District Plan as amended to exclude the
 northern 20 acres, explore an SSA for the development, require Brixmor to pay
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City Council Meeting Minutes January 17, 2023

 50% of traffic signal installation on Jefferson Street at the northern property
 entrance, and set an associated Business District tax of one percent.

 A motion in substitution was made by Councilman Holzhauer, seconded by
 Councilwoman Bruzan Taylor, to close the public hearing and direct staff to
 prepare ordinances approving the Block 59 Business District Plan as amended to
 exclude the northern 20 acres and a portion of Westridge Court, explore an SSA
 for the development, require Brixmor to pay 50% of traffic signal installation on
 Jefferson Street at the northern property entrance, and set an associated
 Business District tax of one percent. The motion failed by the following vote:

 Aye: 2- Bruzan Taylor, and Holzhauer

 Nay: 7- Chirico, Hinterlong, Kelly, Leong, Sullivan, White, and Anderson

 A motion was made by Councilwoman Anderson, seconded by Councilman
 White, to close the public hearing and direct staff to prepare ordinances
 approving the Block 59 Business District Plan as amended to exclude the
 northern 20 acres, explore an SSA for the development, require Brixmor to pay
 50% of traffic signal installation on Jefferson Street at the northern property
 entrance, and set an associated Business District tax of one percent. The motion
 carried by the following vote:

 Aye: 6- Chirico, Hinterlong, Kelly, Leong, White, and Anderson

 Nay: 3- Bruzan Taylor, Holzhauer, and Sullivan

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Pass the ordinance amending Chapter 11 (Historic Preservation) of Title 6 (Zoning
 Ordinance) regarding the Designation of Landmarks and owner consent - PZC 22-1-113
 Council thanked everyone involved and stated compromises were made on
 both sides.

 WRITTEN COMMENT ONLY
 Kendra Parzen (Chicago) - Landmarks Illinois - Dear Naperville City
 Councilmembers: During the December 20 meeting of the City Council,
 Councilmembers heard and discussed amendments to the historic
 preservation ordinance. Landmarks Illinois appreciates the Council’s careful
 consideration of the proposed amendments and reiterates our support for them.
 We find the revisions made following the December 20 meeting to be fair and
 reasonable. However, during deliberation, we were alarmed to hear
 Councilmembers describe local landmarking as “taking” property rights. We
 would like to clear up any misperception that may arise from the use of that
 particular terminology. By legal definition, a taking is an instance where
 government either a) seizes private property for public use or b) when
 government regulation limits the use of private property to such a degree that
 the property owner is deprived of all reasonable economic benefit deriving from
 ownership. The U.S. Supreme Court’s decision in Penn Central Transportation
 Company et al. v. City of New York, 438 U.S. 104 (1978) established that
 landmark designation for the purpose of historic preservation does not

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City Council Meeting Minutes January 17, 2023

 constitute a taking. The Penn Central decision held that historic preservation is
 a legitimate governmental objective and that designating landmarks is an
 appropriate means for accomplishing historic preservation. It also established
 that a property owner must be denied all reasonable and beneficial use of their
 property to constitute a taking, not merely what the owner believes to be the
 highest and best use. Since Penn Central, federal and state courts have
 routinely rejected takings claims arising from the designation of properties as
 historic resources under historic preservation ordinances. It is therefore
 inaccurate and misleading to characterize local landmark designation as
 “taking” property rights. Similar to zoning, building code, and other property
 regulations, landmark designation regulates the use of private property to
 provide for the public interest. It is in the interest of Naperville as a community to
 be able to protect the historic and cultural resources that tell the story of
 Naperville’s past, and local landmark designation is a legitimate tool for that
 purpose. Sincerely, Kendra Parzen Advocacy Manager Landmarks Illinois

 Marilyn L Schweitzer (Naperville) - Please wrap up modifications to the
 ordinances and begin sincerely promoting Historic Preservation. For example: •
 Apply as a certified local government for federal grants - see
 <https://www.nps.gov/subjects/historicpreservationfund/certified-local-governm
 ent-program.htm> • Conduct and publish new surveys assessing our historic
 structures. • Provide better education and promotion of known historic
 structures. Again, I appreciate the 1st steps staff has taken on the city's website
 and the recent involvement of the NACC and NDP. I commend Naperville
 Preservation Inc for their work. But the city must play a positive role in
 promoting historic entities in our community as well.

 ORD 23-005
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to pass the ordinance amending Chapter 11 (Historic Preservation) of Title 6
 (Zoning Ordinance) regarding the Designation of Landmarks and owner consent.
 The motion carried by the following vote:

 Aye: 9- Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, White, and
 Anderson

2. Option 1: Concur with staff and uphold the Zoning Administrator’s interpretation of the
 setback variance granted through ordinance 21-111; or Option 2: Concur with the PZC
 and petitioner and overturn the Zoning Administrator’s interpretation of the setback
 variance granted through ordinance 21-111
 Dan Ignash (Petitioner) explained the request to permit the construction of a
 porch that is larger than previously approved.

 Laff explained the miscommunication and stated staff is not opposed but does
 not have authority to approve.

 WRITTEN COMMENT ONLY
 Marilyn L Schweitzer (Naperville) - Please support option 1, concurring with staff
 and upholding the Zoning Administrator’s interpretation of the setback variance
 granted through ordinance.


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City Council Meeting Minutes January 17, 2023


 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to concur with the PZC and petitioner and overturn the Zoning Administrator’s
 interpretation of the setback variance granted through ordinance 21-111 (Option
 2). The motion carried by the following vote:

 Aye: 9- Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, White, and
 Anderson

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

1. Provide direction regarding the proposed Affordable Housing Incentive Program (AHIP) -
 PZC 22-1-017
 Dylan Swanson (Naperville) spoke in favor of the proposed AHIP.
 Marilyn L Schweitzer (Naperville) spoke against the proposed AHIP.
 Ryan Schaible (Oswego - 360 Youth Services) spoke in favor of the proposed
 AHIP.
 Anne Schultz (Naperville - DuPage Housing Alliance) spoke in favor of the
 proposed AHIP.
 Eric Dolittle (Naperville - North Central College) spoke in favor of the proposed
 AHIP.
 Jill Sobie (Wheaton - DuPage Habitat for Humanity) spoke in favor of the
 proposed AHIP.
 Gabriela (Naperville - Bridge Communities, DuPage Habitat for Humanity) spoke
 in favor of the proposed AHIP.
 Phil Meno (Naperville - DuPage Housing Alliance) spoke in favor of the proposed
 AHIP.

 Council thanked the speakers, SB Friedman, and staff, stated it was a historic
 night after years of work and visioning, affordable housing is critical to create a
 more inclusive future, and that program impacts and metrics still need to be
 developed.

 POSITION STATEMENT - SUPPORT
 Helen D. Huie (Naperville) - DuPage Housing Alliance
 Art Davida (Lockport) - DuPage Habitat for Humanity & Chicago South Suburbs
 Habitat
 Carol Conley (Naperville)
 Susan Greenwood (Naperville)
 Donna Ryder (Naperville) - St. Thomas the Apostle Catholic Church
 Theresa Van Dyne (Naperville)
 Carolyn Wujek (Naperville)
 Michael Ryder (Naperville)
 Verona E Ryder (Naperville)
 Kelley Trombly-Freytag (Naperville)
 Donielle Deering (Naperville)
 Michael Deering (Naperville)
 Andrew Deering (Naperville)
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City Council Meeting Minutes January 17, 2023

 Nicole Shields (Naperville)
 Megan Shields (Naperville)
 Wendy Wagner (Naperville)
 Rasa Fumagalli (Naperville)
 Daniel Fumagalli (Naperville)
 Penny Boyle (Naperville)
 Nancy & Bill Hui (Naperville)
 Kathleen McGowan (Naperville) - Naperville Senior Task Force
 Marc Jacob Dunn (Naperville)
 Elizabeth Sartell (Naperville)
 Vivienne Venderley (Naperville)
 Mary Anne Buckman (Naperville)
 Mitali Joshi (Naperville)
 Andrew Sparks (West Chicago) - Habitat for Humanity
 Kristen Tang (Naperville)
 Timothy C Higgins (Naperville)
 Jane F Gano (Naperville) - DUUC
 John Brubaker (Naperville)
 Katerina Mockapetriene (Naperville)
 Sherry Healey (Naperville)
 Mary Beth Nagai (Naperville)
 Koji Nagai (Naperville)
 Willow Nagai (Naperville)
 Hope Nagai (Naperville)
 Russell Manthy (Naperville)
 Thomas Craighead (Naperville)
 Marcy Miller (Naperville) - My family
 Fredric Donald Miller (Naperville) - My family

 WRITTEN COMMENT ONLY
 Eugene G Wollaston (Naperville) - I support!

 Tom Cordaro (Aurora) - I support the Affordable Housing Incentive Program
 (AHIP), a voluntary program that would create more affordable housing in
 Naperville by offering incentives to developers. I had worked in Naperville for
 over 20 years but could never afford to live there. It is time that those who make
 Naperville a great place to live be given a fair chance to live there.

 Pam Cahill (Naperville) - I support AHIP

 Lynne Rowe (Lisle) - Habitat for Humanity - I support this. Thank you.


 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to support the AHIP as presented. The motion carried by a voice vote.

P. NEW BUSINESS:

 Mill Street overpass
 Hinterlong asked for Code Enforcement to place signs on Mill Street to deter
 campaign signs from being placed near the overpass.


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 Tornado relief funds
 White announced $1 million from the State of Illinois has been granted for
 property repair and remediation resulting from the June 2021 tornado.


Q. ADJOURNMENT:
 A motion was made by Councilman Hinterlong, seconded by Councilman White,
 to adjourn the Regular City Council Meeting of January 17, 2023 at 9:53 p.m. The
 motion carried by a voice vote.




 /S/ Pam Gallahue
 Pam Gallahue, PhD
 Community Services Director/City Clerk




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