City Council — Naperville, IL
Date: 2019-08-20

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



 Meeting Agenda

 City Council

Tuesday, August 20, 2019 7:00 PM Council Chambers




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. 19-799 Presentation of the 2019 Naperville Senior of the Year


G. PUBLIC FORUM:

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

I. CONSENT AGENDA:
1. 19-811 Approve the 07/01/2019 through 07/31/2019 cash disbursements for a
 total of $25,542,779.49.

2. 19-770 Approve the regular City Council meeting minutes of July 16, 2019

3. 19-740 Approve the City Council meeting schedule for September, October &
 November 2019

4. 19-725 Approve the award of Bid 19-129, 2019 Lateral Grouting of Sanitary
 Sewer Cress Creek Phase 5, to Michels Corporation for an amount to not
 exceed $193,875, plus a 5% contingency




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5. 19-746 Approve the award of Change Order #5 to Contract 19-007, 91st Street
 Road Improvement, to R.W. Dunteman to extend the contract for an
 additional 45 days

6. 19-752 Approve the award of Bid 19-213 Municipal Center - Front Plaza
 Renovations, to Berglund Construction Company for an amount not to
 exceed $375,000, plus a 5% contingency

7. 19-753 Approve the award of Option Year One to Contract 18-017, Excavation and
 Underground Utility Repair, to Baish Excavating, Inc. for an amount not to
 exceed $120,000
8. 19-756 Approve the award of Cooperative Procurement 19-239, Springbrook
 Water Reclamation Center - Biosolids Processing Building HVAC
 Upgrade, to Trane Commercial Systems and Service for an amount not to
 exceed $169,977, plus a 5% contingency

9. 19-758 Approve the award of Bid 19-216, South Waterworks Improvements to
 Dahme Mechanical Industries for an amount not to exceed $524,000, plus
 a 3% contingency

10. 19-759 Approve the award of RFP 19-183, Public Works Service Center Fixed
 Axis Solar Photovoltaic System, to GRNE Solar Company for an amount
 not to exceed $134,169, plus a 5% contingency (Item 1 of 2)
11. 19-808 Approve the use of Renewable Energy Funds in the amount of $34,169
 (Item 2 of 2)
12. 19-748 Approve the award of Change Order #2 to Contract 16-259, Actuarial
 Services, to Foster & Foster Inc. for an amount not to exceed $4,000 and a
 total award of $110,682

13. 19-755 Approve the award of Change Order #1 to Procurement 18-180, Water
 and Wastewater Hatch Replacement, to Keno & Sons Construction
 Company for an amount not to exceed $55,403.70 and a total award of
 $368,403.70, and for an additional 198 days

14. 19-773 Accept the public improvements at Truth Lutheran Church, Court Place,
 R.R. Breitwieser Corner and Tramore Subdivision and authorize the City
 Clerk to reduce the corresponding public improvement surety.

15. 19-581B Pass the ordinance approving a conditional use to permit an automobile
 service station in the B3 (General Commercial) District at the subject
 property located at 991 W. Ogden Av., Naperville - PZC 19-1-031

16. 19-587B Pass the ordinance approving variances for a tollway sign located at 55
 Shuman Boulevard (Rush Naperville Clinic) - PZC 19-1-024




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17. 19-733 Waive the first reading and pass the ordinance to establish an all-way stop
 at the intersection of Ellsworth Street and Jefferson Avenue (requires six
 positive votes)

18. 19-540B Waive the first reading and pass the ordinance rescinding stop control and
 establishing a traffic-control signal intersection at Mill Street and Commons
 Road (requires six positive votes)

19. 19-712B Waive the first reading and pass the ordinance amending 4:7, 6:1 and 6:7
 pertaining to body art facilities as an accessory use operated in
 conjunction with a permitted salon or spa. - PZC 19-1-071 (requires six
 positive votes)

20. 19-333B Waive the first reading and pass the ordinance rescinding stop control and
 establishing a traffic-control signal intersection at 95th Street and Knoch
 Knolls Road (requires six positive votes)

21. 19-374B Pass the ordinance repealing and replacing Section 3-7 of the Naperville
 Municipal Code regarding peddlers and solicitors

22. 19-762 Conduct the first reading of an ordinance amending Section 1-9G-13 of the
 Naperville Municipal Code regarding the membership composition of the
 Emergency Telephone Systems Board.

23. 19-789 Pass the ordinance to establish temporary traffic controls and issue a
 Special Event permit for the North Central College Homecoming Parade
 on Saturday, September 28, 2019

24. 19-790 Pass the ordinance establishing temporary traffic controls and issue a
 Special Event permit for the 2019 Riverwalk Fine Art Fair on September
 21-22, 2019

25. 19-798 Pass the ordinance to establish temporary traffic controls and issue a
 Special Event Permit and an Amplifier permit for the 2019 Last Fling,
 Labor Day Parade and the Fling Mile, scheduled for Friday, August 30 -
 Monday, September 2, 2019

26. 19-797 Pass the ordinance approving a variance to Section 5-10-3:12 of the
 Naperville Municipal Code (Rooftop Structures and Equipment) for Mall of
 India located at 776 S. Route 59 - BRB Case #98

27. 19-804 Conduct the first reading of an ordinance amending Sections 3-3-3, 3-3-5,
 3-3-14 and 3-3-15 of the Naperville Municipal Code by adding a definition
 of kratom, banning the retail sale of kratom, and prohibiting anyone under
 the age of 21 from possessing tobacco or alternative nicotine products.




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28. 19-805 Pass the ordinance approving a right-of-way encroachment for a blade
 sign to overhang the public right-of-way in front of 216 S. Main Street (J.
 McLaughlin)

29. 19-771 Adopt a resolution authorizing the execution of an intergovernmental police
 service assistance agreement to join the DuPage Metropolitan Emergency
 Response and Investigation Team (MERIT).

J. PUBLIC HEARINGS:

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 19-714B 1. Concur with the petitioner and the Planning and Zoning Commission
 and pass the ordinance approving a variance to permit an enclosed porch
 and an attached patio to encroach into the required rear setback at the
 subject property located at 1322 N. Eagle Street, subject to certain
 conditions; or
 2. Concur with staff and deny the request for a variance to permit an
 enclosed porch and an attached patio to encroach into the required rear
 setback at the subject property located at 1322 N. Eagle Street - PZC 19-1
 -066.

2. 19-718B Receive the staff report for Tartan Highlands Subdivision located at 1001
 S. Washington Street- PZC 19-1-049 (Item 1 of 4).

3. 19-810 Pass the ordinance approving a Preliminary/Final Plat of Subdivision for
 Tartan Highlands Subdivision - PZC 19-1-049 (Item 2 of 4)

4. 19-719B Pass the ordinance approving a Rezoning from OCI (Office Commercial
 and Institutional District) to B-1 (Neighborhood Convenience Shopping
 Center District) for the property located at 1001 S. Washington (Tartan
 Highlands Subdivision) - PZC 19-1-049 (Item 3 of 4).

5. 19-720B Pass the ordinance approving variances to: allow a FAR of 0.724 on Lot 3;
 eliminate the loading berth for Building C; eliminate the bypass lane for the
 coffee shop drive-through; reduce the front yard parking setback for Lot 4;
 permit off-premises monument signage on Lot 1 and 4; and, permit
 monument signage within 40’ of an interior setback line on Lot 1 for the
 property located at 1001 S. Washington (Tartan Highlands Subdivision) -
 PZC 19-1-1049 (Item 4 of 4)




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6. 19-800 Adopt the Resolution expressing the City of Naperville’s intent to consider
 designation of a business district on property within the City, to impose
 business district sales taxes, and to induce development interest within
 such district

7. 19-809 Conduct the first reading of an ordinance amending Title 3 of the Naperville
 Municipal Code by the addition of Chapter 17 prohibiting adult use
 cannabis business establishments other than medical cannabis cultivation
 centers and medical cannabis dispensing organizations

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:
1. 19-813 Receive the 2019 2nd Quarter Financial Report


P. NEW BUSINESS:

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




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



 Meeting Minutes

 City Council


Tuesday, August 20, 2019 7:00 PM Council Chambers


A. CALL TO ORDER:

 Chirico called the meeting to order at 6:00 p.m.
 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

B. ROLL CALL:

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

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

OPEN SESSION - 7:00 p.m.

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

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




 Also Present

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City Council Meeting Minutes August 20, 2019

 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; Senior Assistant City Attorney, Pat Lord; Senior
 Assistant City Attorney, Jennifer Lutzke

 Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 The pledge was given by the Boy Scouts of America Female Troop #6100.



F. AWARDS AND RECOGNITIONS:

1. Presentation of the 2019 Naperville Senior of the Year

 Chirico presented the Proclamation.

G. PUBLIC FORUM:

 Legislative Update
 Congresswomen Lauren Underwood provided the update.

 95th Street Extension Project
 Doreen Swindall asked Council to address her requests for a fence.

 95th Street and Book Road Intersection Improvements
 Willliam Warren spoke against the proposed improvements.

 95th Street and Book Road Intersection Improvements
 Thomas J. Verdone spoke against the proposed improvements.

 Novack responded that an additional public meeting is scheduled for October
 22, 2019 at the 95th Street Library.

 Signs
 Gary Leavenworth urged Council to address the signage litter in the community.

 Novack explained the Code Enforcement Team's responsibilities and
 jurisdictional authority, that staff does contact businesses in violation of the
 code, and the possibility of establishing a volunteer program to pick up signs.

 26 N. Sleight
 Mark Urda spoke in favor of maintaining the character of the Historic District.


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 Overdose Awareness Day
 Don Kalish spoke about the event on August 30, 2019 at the Grand Pavilion.


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

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

I. CONSENT AGENDA:

Approval of the Consent Agenda

 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve the Consent Agenda with the exception of items I15, I23,
 and I27. The motion carried by the following vote:

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


1. Approve the 07/01/2019 through 07/31/2019 cash disbursements for a total of
 $25,542,779.49.
 Council approved.


2. Approve the regular City Council meeting minutes of July 16, 2019
 Council approved.


3. Approve the City Council meeting schedule for September, October & November 2019
 Council approved.


4. Approve the award of Bid 19-129, 2019 Lateral Grouting of Sanitary Sewer Cress Creek
 Phase 5, to Michels Corporation for an amount to not exceed $193,875, plus a 5%
 contingency
 Council approved.


5. Approve the award of Change Order #5 to Contract 19-007, 91st Street Road
 Improvement, to R.W. Dunteman to extend the contract for an additional 45 days
 Council approved.


6. Approve the award of Bid 19-213 Municipal Center - Front Plaza Renovations, to
 Berglund Construction Company for an amount not to exceed $375,000, plus a 5%
 contingency
 Council approved.



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7. Approve the award of Option Year One to Contract 18-017, Excavation and Underground
 Utility Repair, to Baish Excavating, Inc. for an amount not to exceed $120,000
 Council approved.


8. Approve the award of Cooperative Procurement 19-239, Springbrook Water
 Reclamation Center - Biosolids Processing Building HVAC Upgrade, to Trane
 Commercial Systems and Service for an amount not to exceed $169,977, plus a 5%
 contingency
 Council approved.


9. Approve the award of Bid 19-216, South Waterworks Improvements to Dahme
 Mechanical Industries for an amount not to exceed $524,000, plus a 3% contingency
 Council approved.


10. Approve the award of RFP 19-183, Public Works Service Center Fixed Axis Solar
 Photovoltaic System, to GRNE Solar Company for an amount not to exceed $134,169,
 plus a 5% contingency (Item 1 of 2)
 Council approved.


11. Approve the use of Renewable Energy Funds in the amount of $34,169 (Item 2 of 2)
 Council approved.


12. Approve the award of Change Order #2 to Contract 16-259, Actuarial Services, to Foster
 & Foster Inc. for an amount not to exceed $4,000 and a total award of $110,682
 Council approved.


13. Approve the award of Change Order #1 to Procurement 18-180, Water and Wastewater
 Hatch Replacement, to Keno & Sons Construction Company for an amount not to exceed
 $55,403.70 and a total award of $368,403.70, and for an additional 198 days
 Council approved.


14. Accept the public improvements at Truth Lutheran Church, Court Place, R.R. Breitwieser
 Corner and Tramore Subdivision and authorize the City Clerk to reduce the
 corresponding public improvement surety.
 Council approved.


15. Pass the ordinance approving a conditional use to permit an automobile service station
 in the B3 (General Commercial) District at the subject property located at 991 W. Ogden
 Av., Naperville - PZC 19-1-031
 John Zemenak, Petitioner-Vequity LLC, explained the request to demolish the
 existing automobile service station and construct a 7-11 convenience store/gas
 station. He discussed fencing, signage, property improvements, and that the
 24/7 operation is a corporate mandate and if the Council limits hours of

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 operation the development will not move forward.

 Steve Sturgill, Petitioner 7-11 Security, discussed store security measures and
 employee security/safety training.

 William P. White III, spoke against the 24/7 hours of the proposed development.

 Harold Winston, spoke against the 24/7 hours of the proposed the development.

 Dan Fanthorpe, spoke against the 24/7 hours of the proposed development.

 Marshall discussed two-year crime statistics at six 24-hour gas stations on
 Ogden Avenue and said of the 77 crimes committed, 19 (or 20%), occurred
 between 10:00 p.m. and 6:00 a.m.

 Justin Putter, spoke against the 24/7 hours of the proposed the development.

 Lacey Schnell, spoke against the 24/7 hours of the proposed development.

 Catherine Fanthorpe, spoke against the 24/7 hours of the proposed
 development.

 Melissa Putter, spoke against the 24/7 hours of the proposed development.

 Vojislav Nikolovski, spoke against the 24/7 hours of the proposed the
 development.

 Mirjana Nikolovski, spoke against the 24/7 hours of the proposed development.

 David O’Moore, spoke against the 24/7 hours of the proposed development.

 Yniel Sanderg, spoke against the 24/7 hours of the proposed development.

 Andrew Schnell, spoke against the 24/7 hours of the proposed the development
 and asked Council to table the item.

 Novack offered to review county stormwater management regulations and the
 development plans with the residents.

 Debbie Bertram, spoke against the proposed development.

 Dave Fluett, spoke against the proposed development.

 Dick Furstenau, spoke against the proposed development and asked Council to
 table the item.

 Laff discussed landscaping suggestions and that the City arborist was not
 opposed to trees being cut down due to the significant storm damage.

 Carl Christiansen, spoke against the proposed development.


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 Sturgill continued his comments on store security, the mission of having an
 environment less conducive to crime, and also being a safe haven when
 late-night crimes are committed.

 Zemenak responded to speakers' comments, said the developer would provide
 a 12' fence if possible, incorporate extensive landscaping, and that no lighting
 would be installed at the rear of the property. He discussed down-lit security
 lighting, traffic patterns, that no loudspeakers will be at the site, that the 7-11 will
 be more visually attractive then previous Marathon station, and that every other
 gas station in Naperville is 24/7.

 Council discussed the need for conditional use, that there are no hour
 restrictions in the zoning code for any business, lighting requirements,
 corporate mandate of 7-11, the increased number of pumps, and the larger
 footprint.

 Zemenak said the residents enjoyed using the Marathon station, that a market
 study has identified the 7-11 as an amenity for the area, and that the petitioner is
 open to further discussions with the neighbors.

 Council discussed fence materials and height, hours, location, number of
 pumps, potential compromises that could be reached, the decrease in the
 crime rate overnight, purpose of Planning/Zoning Commission hearings,
 stormwater, remediation efforts, property values, traffic, improvement for the
 area, impact of the property remaining vacant, the need to invest in the
 community, and that the proposed security precautions are common.

 Novack stated the proposed stormwater plan meets DuPage County
 requirements.

 Laff said that if the proposed 7-11 did not sell gas it would be able to open by
 right and would not need to attend Planning/Zoning Commission.

 Warren Dixon, DuPage County Assessor, stated there may be potential
 negative impacts to residential property values located next to commercial
 areas.

 Pat Lord discussed how to restrict 24/7 businesses prospectively.
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 White, to pass the ordinance approving a conditional use to permit an
 automobile service station in the B3 (General Commercial) District at the subject
 property located at 991 W. Ogden Av., Naperville - PZC 19-1-031. The motion
 failed by the following vote:

 Aye: 4- Chirico, Brodhead, Krummen, and White

 Nay: 5- Coyne, Gustin, Hinterlong, Kelly, and Sullivan


16. Pass the ordinance approving variances for a tollway sign located at 55 Shuman
 Boulevard (Rush Naperville Clinic) - PZC 19-1-024
 Enactment No.: ORD 19-096

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 Council passed.


17. Waive the first reading and pass the ordinance to establish an all-way stop at the
 intersection of Ellsworth Street and Jefferson Avenue (requires six positive votes)
 Enactment No.: ORD 19-097

 Council passed.


18. Waive the first reading and pass the ordinance rescinding stop control and establishing a
 traffic-control signal intersection at Mill Street and Commons Road (requires six positive
 votes)
 Enactment No.: ORD 19-098

 Council passed.


19. Waive the first reading and pass the ordinance amending 4:7, 6:1 and 6:7 pertaining to
 body art facilities as an accessory use operated in conjunction with a permitted salon or
 spa. - PZC 19-1-071 (requires six positive votes)
 Enactment No.: ORD 19-099

 Council passed.


20. Waive the first reading and pass the ordinance rescinding stop control and establishing a
 traffic-control signal intersection at 95th Street and Knoch Knolls Road (requires six
 positive votes)
 Enactment No.: ORD 19-100

 Council approved.


21. Pass the ordinance repealing and replacing Section 3-7 of the Naperville Municipal Code
 regarding peddlers and solicitors
 Enactment No.: ORD 19-101

 Council passed.


22. Conduct the first reading of an ordinance amending Section 1-9G-13 of the Naperville
 Municipal Code regarding the membership composition of the Emergency Telephone
 Systems Board.
 Council passed.


23. Pass the ordinance to establish temporary traffic controls and issue a Special Event
 permit for the North Central College Homecoming Parade on Saturday, September 28,
 2019
 Brodhead recused herself due to a conflict of interest and left the dais from 9:26
 p.m. - 9:27 p.m.


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 Enactment No.: ORD 19-106
 A motion was made by Councilman Krummen, seconded by Councilman
 Hinterlong, to pass the ordinance to establish temporary traffic controls and issue
 a Special Event permit for the North Central College Homecoming Parade on
 Saturday, September 28, 2019. The motion carried by the following vote:

 Aye: 8- Chirico, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

 Recused: 1- Brodhead


24. Pass the ordinance establishing temporary traffic controls and issue a Special Event
 permit for the 2019 Riverwalk Fine Art Fair on September 21-22, 2019
 Enactment No.: ORD 19-102

 Council passed.


25. Pass the ordinance to establish temporary traffic controls and issue a Special Event
 Permit and an Amplifier permit for the 2019 Last Fling, Labor Day Parade and the Fling
 Mile, scheduled for Friday, August 30 - Monday, September 2, 2019
 Enactment No.: ORD 19-103

 Council passed.


26. Pass the ordinance approving a variance to Section 5-10-3:12 of the Naperville Municipal
 Code (Rooftop Structures and Equipment) for Mall of India located at 776 S. Route 59 -
 BRB Case #98
 Enactment No.: ORD 19-104

 Council passed.


27. Conduct the first reading of an ordinance amending Sections 3-3-3, 3-3-5, 3-3-14 and
 3-3-15 of the Naperville Municipal Code by adding a definition of kratom, banning the
 retail sale of kratom, and prohibiting anyone under the age of 21 from possessing
 tobacco or alternative nicotine products.
 Chirico explained that this first came before the Liquor Commission in 2018,
 that staff has done significant research on kratom over the past year, and that
 the recommendation is to ban its retail sale.

 Sheri Locascio, Rockford, discussed the benefits of kratom.

 Jim Sourek, Lisle, spoke in favor of allowing the retail sale of kratom.

 Nina Ajdin, Wheaton, spoke in favor of allowing the retail sale of kratom.

 Timothy Smith, Orland Park, spoke in favor of allowing the retail sale of kratom.

 Dan Peterson, New Lenox, spoke in favor of allowing the retail sale of kratom.

 Alisha Wadden, Iowa, spoke in favor of allowing the retail sale of kratom.

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 Paul Melara, Forest Park, spoke in favor of allowing the retail sale of kratom.

 Council discussed appropriateness of a ban, implementing an age restriction,
 separating kratom from nicotine for the final approval of the ordinance, the
 Liquor Commission recommendation, and revisiting the topic once more
 information is provided.

 Marshall stated there have been no issues reported regarding the use of
 kratom.

 Lutzke explained the Tobacco 21 legislation.


 A motion was made by Councilman Coyne, seconded by Councilman Krummen,
 to conduct the first reading of an ordinance amending Sections 3-3-3, 3-3-5, 3-3-14
 and 3-3-15 of the Naperville Municipal Code by adding a definition of kratom,
 prohibiting the retail sale of kratom to anyone under the age of 21, prohibiting
 anyone under the age of 18 from possessing kratom, and prohibiting anyone
 under the age of 21 from possessing tobacco or alternative nicotine products. The
 motion carried by the following vote:

 Aye: 8- Chirico, Brodhead, Coyne, Gustin, Kelly, Krummen, Sullivan, and White

 Nay: 1- Hinterlong




 The meeting went into recess from 10:10 p.m. - 10:23 p.m.

28. Pass the ordinance approving a right-of-way encroachment for a blade sign to overhang
 the public right-of-way in front of 216 S. Main Street (J. McLaughlin)
 Enactment No.: ORD 19-105

 Council passed.


29. Adopt a resolution authorizing the execution of an intergovernmental police service
 assistance agreement to join the DuPage Metropolitan Emergency Response and
 Investigation Team (MERIT).
 Enactment No.: RES 19-029

 Council adopted.




J. PUBLIC HEARINGS:

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

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1. 1. Concur with the petitioner and the Planning and Zoning Commission and pass the
 ordinance approving a variance to permit an enclosed porch and an attached
 patio to encroach into the required rear setback at the subject property located at
 1322 N. Eagle Street, subject to certain conditions; or

 2. Concur with staff and deny the request for a variance to permit an enclosed porch
 and an attached patio to encroach into the required rear setback at the subject
 property located at 1322 N. Eagle Street - PZC 19-1-066.
 Bear Hoyer, Petitioner, explained that he constructed an enclosed porch and
 attached patio without a permit and requests that Council allow him to keep it.

 Laff explained that, through a site visit and conversations with the property
 owner, staff believes there are no major building code violations with the
 addition. She said after the building permit has been applied for, and approved,
 fees/fines would be assessed accordingly.

 Council discussed the appropriateness of having staff revisit the violation
 portion of the ordinance.

 Enactment No.: ORD 19-107
 A motion was made by Councilwoman Brodhead, seconded by Councilwoman
 Gustin, to concur with the petitioner and the Planning and Zoning Commission
 and pass the ordinance approving a variance to permit an enclosed porch and
 an attached patio to encroach into the required rear setback at the subject
 property located at 1322 N. Eagle Street, subject to certain conditions and
 appropriate fines. The motion carried by the following vote:

 Aye: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Sullivan, and White

 Nay: 1- Kelly


2. Receive the staff report for Tartan Highlands Subdivision located at 1001 S. Washington
 Street- PZC 19-1-049 (Item 1 of 4).
 Vince Rosanova, Attorney for Petitioner, explained that the Petitioner has
 demolished the two-story PNC bank and is proposing to redevelop the property
 with mixed-use office and retail and reconfigure the parking lot by subdividing
 the subject property into four lots for a coffee shop with a drive-through on Lot 1,
 multi-tenant retail and office buildings for Lots 2 and 3, and a parking lot with
 shared access drives on Lot 4.

 Will Kreuzer, Petitioner, discussed resident input, stakeholder feedback, and
 gave an overview of compromises that make up the proposed development.

 At 10:45 p.m. a motion was made by Councilwoman Brodhead, seconded
 by Councilman Coyne, to extend the meeting to 1:00 a.m. The motion
 carried via Voice Vote.

 Marilyn Schweitzer, spoke against the proposed development.

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 Lisa Keaton, spoke against the proposed development.

 Len Kowalski, spoke against the proposed development.

 Dennis Barfuss, Naperville, spoke against the proposed development.

 Aaron Land, spoke against the proposed development.

 Becky Simon, Naperville, spoke against the proposed development.

 Paul DeKruiff, Naperville, spoke in favor the proposed development.

 Kathryn Land, Naperville, spoke against the proposed development.

 Sue Oliver, Naperville, spoke against the proposed development.

 Diane Green, Naperville, spoke against the proposed development.

 Rosanova explained outreach efforts and how the plan has been revised to
 incorporate resident concerns such as fast food restrictions, a prohibition on
 drive-throughs except for the coffee shop, and the willingness to add traffic
 calming measures if recommended by City staff.

 The Petitoner's traffic engineer discussed pass-through traffic, convenience
 traffic, and stated that the development will not add new traffic just that the
 existing traffic will be utilizing the new amenity.

 Council discussed traffic on Ogden Avenue, lot-to-lot traffic circulation, and
 what proactive action will be taken to address increased traffic.

 Novack discussed the cross-access easement that is planned, potential
 signalization, turn restrictions, and the adaptive traffic control system.

 Council discussed the possibility of a smaller development on the subject
 property, that the developer and staff need to follow-up with neighbors on how to
 address traffic concerns, the previous bank produced much more intensive
 traffic use, and that Gartner Plaza is not a detriment.

 Laff explained delivery restrictions.



 A motion was made by Councilman Coyne, seconded by Councilman Hinterlong,
 to receive the staff report for Tartan Highlands Subdivision located at 1001 S.
 Washington Street- PZC 19-1-049 (Item 1 of 4). The motion carried by the
 following vote:

 Aye: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, and White

 Nay: 1- Sullivan




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3. Pass the ordinance approving a Preliminary/Final Plat of Subdivision for Tartan
 Highlands Subdivision - PZC 19-1-049 (Item 2 of 4)
 Enactment No.: ORD 19-108

 A motion was made by Councilman Coyne, seconded by Councilman Hinterlong,
 to pass the ordinance approving a Preliminary/Final Plat of Subdivision for
 Tartan Highlands Subdivision - PZC 19-1-049 (Item 2 of 4). The motion carried by
 the following vote:

 Aye: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, and White

 Nay: 1- Sullivan


4. Pass the ordinance approving a Rezoning from OCI (Office Commercial and Institutional
 District) to B-1 (Neighborhood Convenience Shopping Center District) for the property
 located at 1001 S. Washington (Tartan Highlands Subdivision) - PZC 19-1-049 (Item 3 of
 4).
 Enactment No.: ORD 19-109

 A motion was made by Councilman Coyne, seconded by Councilman Hinterlong,
 to pass the ordinance approving a Rezoning from OCI (Office Commercial and
 Institutional District) to B-1 (Neighborhood Convenience Shopping Center District)
 for the property located at 1001 S. Washington (Tartan Highlands Subdivision) -
 PZC 19-1-049 (Item 3 of 4). The motion carried by the following vote:

 Aye: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, and White

 Nay: 1- Sullivan


5. Pass the ordinance approving variances to: allow a FAR of 0.724 on Lot 3; eliminate the
 loading berth for Building C; eliminate the bypass lane for the coffee shop drive-through;
 reduce the front yard parking setback for Lot 4; permit off-premises monument signage
 on Lot 1 and 4; and, permit monument signage within 40’ of an interior setback line on Lot
 1 for the property located at 1001 S. Washington (Tartan Highlands Subdivision) - PZC
 19-1-1049 (Item 4 of 4)
 Enactment No.: ORD 19-110

 A motion was made by Councilman Coyne, seconded by Councilman Hinterlong,
 to pass the ordinance approving variances to: allow a FAR of 0.724 on Lot 3;
 eliminate the loading berth for Building C; eliminate the bypass lane for the
 coffee shop drive-through; reduce the front yard parking setback for Lot 4; permit
 off-premises monument signage on Lot 1 and 4; and, permit monument signage
 within 40’ of an interior setback line on Lot 1 for the property located at 1001 S.
 Washington (Tartan Highlands Subdivision) - PZC 19-1-1049 (Item 4 of 4). The
 motion carried by the following vote:

 Aye: 8- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, and White

 Nay: 1- Sullivan


6. Adopt the Resolution expressing the City of Naperville’s intent to consider designation of
 a business district on property within the City, to impose business district sales taxes,
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 and to induce development interest within such district
 Philip R. McKenna, Chicago, Attorney for Petitioner, explained the business
 district concept and that it allows municipalities to designate districts to
 encourage opportunities for re/development of property and to attract
 commercial growth by establishing a levy for additional sales and/or hotel tax.
 He said the sole purpose of the resolution at this time is to acknowledge the
 City’s interest in considering the possibility of establishing a business district for
 the Mall of India.

 Donald J. Fiore, Chicago, Attorney for Petitioner, explained that the location of
 the request is 21 contiguous acres comprised of two properties at 776 and 808
 S. Illinois Route 59, formerly occupied by a Wal-Mart and Sam’s Club
 respectively.

 Council discussed applying an additional tax for a limited number of parcels,
 more than half of people paying the tax will be non-residents, a possible
 administration fee, and the appropriateness of applying this funding tool to
 Ogden Avenue.

 Enactment No.: RES 19-030


 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Coyne, to adopt the Resolution expressing the City of Naperville’s intent to
 consider designation of a business district on property within the City, to impose
 business district sales taxes, and to induce development interest within such
 district. The motion carried by the following vote:

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

 Nay: 2- Kelly, and Sullivan




 The meeting went into recess from 12:13 a.m. - 12:21 a.m.

7. Conduct the first reading of an ordinance amending Title 3 of the Naperville Municipal
 Code by the addition of Chapter 17 prohibiting adult use cannabis business
 establishments other than medical cannabis cultivation centers and medical cannabis
 dispensing organizations
 At 12:21 a.m. a motion was made by Councilwoman Brodhead, seconded
 by Councilwoman Gustin, to extend the meeting to 1:30 a.m. and table
 item O3 to the September 3 meeting. The motion carried via Voice Vote.

 Dina Rollman, Senior Vice President GTI, Petitioner, explained the desire to
 co-locate retail sales at its existing Naperville medical marijuana facility and
 requested Council table the opt-out ordinance and direct staff to draft
 documents allowing retail sales of adult-use cannabis.

 Mark Rice, Naperville, spoke in favor of opting in and allowing the sale of
 recreational marijuana.
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 Jean Page, Naperville, spoke in favor of opting in and allowing the sale of
 recreational marijuana.

 Barb O’Meara, Naperville, spoke in favor of opting in and allowing the sale of
 recreational marijuana.

 Holly Hootman, Naperville, spoke in favor of opting in and allowing the sale of
 recreational marijuana.

 Dianne McGuire, Naperville, spoke in favor of opting in and allowing the sale of
 recreational marijuana.

 Nancy Turner, Naperville, spoke in favor of opting in and allowing the sale of
 recreational marijuana.

 Jessica Harshbarger, Compassionate Clinics of America, spoke in favor of
 opting in and allowing the sale of recreational marijuana.

 Dr. Aaron Weiner (via a written statement), Linden Oaks, spoke in favor of the
 proposed opt-out ordinance.

 Jennifer Taylor, Naperville, spoke in favor of the proposed opt-out ordinance.

 Kamala Martinez, Naperville, spoke in favor of the proposed opt-out ordinance.

 Jim Ruhl, spoke in favor of the proposed opt-out ordinance.

 Limin Zheng, Naperville, spoke in favor of the proposed opt-out ordinance.

 James Haselhorst, Naperville, spoke in favor of opting in and allowing the sale of
 recreational marijuana.

 Judy Kreamer, Naperville, spoke in favor of the proposed opt-out ordinance.

 Philip Buchanan, Naperville, spoke in favor of opting in and allowing the sale of
 recreational marijuana.

 Chris Fotopolos, Chicago, spoke in favor of opting in and allowing the sale of
 recreational marijuana.

 Zach Wu, spoke in favor of the proposed opt-out ordinance.

 Dennis Barfuss, Naperville, spoke in favor of the proposed opt-out ordinance.

 At 1:20 a.m. a motion was made by Councilwoman Brodhead, seconded by
 Councilman Hinterlong, to extend the meeting to 2:00 a.m. The motion
 carried via Voice Vote.

 Dick Furstenau, spoke in favor of the proposed opt-out ordinance.


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 William Ma, spoke in favor of the proposed opt-out ordinance.

 Becky Rudolph, spoke in favor of the proposed opt-out ordinance.

 Hongwei Li, spoke in favor of the proposed opt-out ordinance.

 Council discussed the adult-use cannabis legislation, the ability to establish
 anti-drug/educational grants with the revenue, the appropriatess of learning from
 other municipalities and opting out to do additional research, that black market
 will remain, that there are arguments on both sides, the importance of the safety
 and welfare of the community, questioned what revenue has been lost due to
 opting out of video gaming, that money should not be a motivating reason to opt
 in, the potential to engage the community, and the appropriateness of a
 workshop.

 At 1:56 a.m. a motion was made by Councilman Kelly, seconded by
 Councilman Krummen, to extend the meeting to 2:30 a.m. The motion
 carried via Voice Vote.

 DiSanto explained that adult-use cannabis becomes legal on January 1, 2020
 and that if the City has not taken a position prior to that date it needs to be
 moving toward a decision and decide within a reasonable time from January 1.

 Council discussed the black market in California, caps on establishments, that
 opting out allows due diligence, that marijuana is still federally illegal, what will
 be contained in the trailer bill, zoning, that the sale of medical marijuana isn't
 enforced by the federal government, the importance of controlling the message,
 the appropriateness of looking to social service agencies for advice, the receipt
 of more than 150 emails asking the City to opt out, and that Naperville can be a
 leader in this area.

 Laff explained the two-three month timeline for an opt-in decision to move
 through the Planning/Zoning Commission and City Council approval processes.

 Council discussed that opting in is a ratification of the acceptance of adult-use
 cannabis, that there are large issues coming on future agendas, the
 appropriateness of delaying a decision, that other communities are opting out,
 whether or not the 150 emails are reflective of the community as a whole, and
 the need to get input from the school districts and North Central College.

 DiSanto said Naperville is in a defensible position if Council continues to debate
 up to, and shortly after, January 1, 2020 but does not advise moving much
 further past January 1.

 By consensus, Council directed staff to bring back the path to opt-in at the
 September 3, 2019 meeting.


 First reading held.

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

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N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

1. Receive the 2019 2nd Quarter Financial Report
 The receipt of the report was tabled to the September 3, 2019 meeting.

P. NEW BUSINESS:

 Tartan Development
 Coyne further discussed neighbor concerns about traffic.

 By consensus, staff was directed to meet with neighbors, summarize traffic
 concerns, and present solutions.

 Welcome
 Krieger introduced new IT Director, Jackie Nguyen.


Q. ADJOURNMENT:
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to adjourn the Regular City Council Meeting of August 20, 2019 at 2:27
 a.m. on August 21, 2019. 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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