City Council — Naperville, IL
Date: 2018-03-06

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




 Meeting Agenda

Tuesday, March 6, 2018

 7:00 PM




  Council Chambers


 City Council
City Council Meeting Agenda March 6, 2018



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:

G. PUBLIC FORUM:

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

I. CONSENT AGENDA:
1. 18-177 Approve the Regular City Council Meeting Minutes of February 20, 2018.

2. 18-185 Approve the minutes from City Council’s February 20, 2018 5th Avenue
 Workshop with Ryan Companies.

3. 18-124 Approve the award of option year one to Contract 16-011, Street
 Sweeping, to Waste Management of Illinois for an amount not to exceed
 $164,000

4. 18-144 Approve the award of Bid 18-024, Generator Maintenance Services, to
 Interstate Power Systems, Inc. for an amount not to exceed $103,292.60
 and for a two-year term
5. 18-161 Approve the recommendation by Alliant Insurance Services to award
 Excess Workers Compensation coverage to Midwest Employers Casualty
 Company for a two-year term and an amount not to exceed $102,479.40.
6. 18-145 Approve the award of Change Order #1 of Contract 16-298, Alarm and
 Fire Suppression System Services to, Fox Valley Fire & Safety Company,
 Inc. for an amount not to exceed $73,175 and for a total award $146,350

7. 18-174 Approve Mayoral appointments to the Public Utilities Advisory Board and
 the Sister Cities Commission




City of Naperville Page 2 Printed on 3/2/2018
City Council Meeting Agenda March 6, 2018


8. 18-176 Accept the public underground and street light improvements at Bauer
 Place Subdivision Phase 3 and authorize the City Clerk to reduce the
 corresponding public improvement surety

9. 18-175 Approve the City Council meeting schedule for March, April and May 2018

10. 18-164 Pass the ordinance authorizing the execution of a recapture agreement for
 installation of improvements along Tuthill Road

11. 18-103 Approve the Program Year 2018 Annual Action Plan allocating a total of
 $476,617 of Community Development Block Grant funds

J. PUBLIC HEARINGS:
1. 18-043B Receive the staff report for Clow Creek Farm Addition (PZC 17-1-129)
 located near the southwest corner of 103rd Street and Book Road (Item 1
 of 8)

2. 18-178 Conduct the public hearing for Clow Creek Farm Addition (PZC 17-1-129)
 located near the southwest corner of 103rd Street and Book Road (Item 2
 of 8)
3. 18-179 Pass the ordinance authorizing execution of the annexation agreement for
 Clow Creek Farm Addition (PZC 17-1-129) located near the southwest
 corner of 103rd Street and Book Road (Requires six (6) positive votes.)
 (Item 3 of 8)

4. 18-180 Pass the ordinance annexing the subject property located at the southwest
 corner of 103rd Street and Book Road (Clow Creek Farm Addition, PZC
 17-1-129) (Item 4 of 8)

5. 18-044B Pass the ordinance rezoning a portion of the subject property near the
 southwest corner of Book Road and 103rd Street to R1A (Low Density
 Single-Family Residence District) upon annexation - PZC 17-1-129 (Item 5
 of 8)

6. 18-181 Pass the ordinance revoking a portion of the 1994 Clow Creek Farm
 Planned Unit Development and subdivision plat as it relates to the Clow
 Creek Farm Addition - PZC 17-1-129 (Item 6 of 8)

7. 18-182 Pass the ordinance approving the preliminary plat of subdivision for Clow
 Creek Farm Addition - PZC 17-1-129 (Item 7 of 8)

8. 18-045B Pass the ordinance granting a conditional use in the R1A (Low Density
 Single-Family Residence) District to establish the Clow Creek Farm
 Addition PUD, and approve a preliminary PUD plat with deviations to
 Sections 6-6A-5 and 6-6A-7 of the Naperville Municipal Code for the
 property located near the southwest corner of Book Road and 103rd Street
 (Clow Creek Farm Addition) - PZC 17-1-129 (Item 8 of 8)

City of Naperville Page 3 Printed on 3/2/2018
City Council Meeting Agenda March 6, 2018



K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 18-102C Pass the Ordinance amending the Home Rule Sales Tax and Downtown
 Food and Beverage Tax by amending Section 11 of Chapter 1, Title 3 and
 Section 9 of Chapter 1, Title 3 of the Naperville Municipal Code.

2. 18-184 Waive the first reading and pass the ordinance amending Chapter 3, Title
 3, Section 11 (Liquor License and Permit Classifications) of the Naperville
 Municipal Code eliminating the sunset provision contained within the
 outdoor seating permit (requires six positive votes)

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

P. NEW BUSINESS:

Q. ADJOURNMENT:




City of Naperville Page 4 Printed on 3/2/2018

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



 Meeting Minutes

 City Council


Tuesday, March 6, 2018 7:00 PM Council Chambers


A. CALL TO ORDER:

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

B. ROLL CALL:
 Present: 8- Mayor Steve Chirico
 Councilwoman Becky Anderson
 Councilwoman Judy Brodhead
 Councilman Kevin Coyne
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilwoman Rebecca Obarski
 Councilman Benjamin White
 Absent: 1- Councilman John Krummen


C. CLOSED SESSION - 6:00 p.m.
 A motion was made by Councilwoman Gustin, seconded by Councilwoman
 Obarski, to recess to Closed Session to discuss 120/2(c)(1) Performance of a
 Specific Individual and 120/2(c)(21) Approval of Minutes. The motion carried by
 the following vote:

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

 Absent: 1- Krummen




 Krummen arrived at 6:08 p.m.

OPEN SESSION - 7:00 p.m.

 Chirico called the meeting to order 7:05 p.m.

D. ROLL CALL:




City of Naperville Page 1 Printed on 3/23/2018
City Council Meeting Minutes March 6, 2018

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




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

 Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 The pledge was given.

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

 Garbage Contract and Overnight Street Parking
 Dick Furstenau, Naperville, suggested improvements to the garbage collection
 and overnight street parking enforcement processes.

 Save Old Nichols Library
 Becky Simon, Naperville, requested that Council work with any party that is
 interested in making an offer on the library.


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

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

I. CONSENT AGENDA:

City of Naperville Page 2 Printed on 3/23/2018
City Council Meeting Minutes March 6, 2018


 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve the Consent Agenda with corrections to the February 20,
 2018 minutes as shown in the Q/A and adding a discussion of the appropriateness
 of potentially changing the zoning of 60 acres of vacant property in the city
 located north of the existing Nokia, formerly Lucent, campus for a potential
 residential development to the April 9, 2018 City Council workshop. The motion
 carried by the following vote:

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

1. Approve the Regular City Council Meeting Minutes of February 20, 2018.

2. Approve the minutes from City Council’s February 20, 2018 5th Avenue Workshop with
 Ryan Companies.

3. Approve the award of option year one to Contract 16-011, Street Sweeping, to Waste
 Management of Illinois for an amount not to exceed $164,000

4. Approve the award of Bid 18-024, Generator Maintenance Services, to Interstate Power
 Systems, Inc. for an amount not to exceed $103,292.60 and for a two-year term

5. Approve the recommendation by Alliant Insurance Services to award Excess Workers
 Compensation coverage to Midwest Employers Casualty Company for a two-year term
 and an amount not to exceed $102,479.40.

6. Approve the award of Change Order #1 of Contract 16-298, Alarm and Fire Suppression
 System Services to, Fox Valley Fire & Safety Company, Inc. for an amount not to exceed
 $73,175 and for a total award $146,350

7. Approve Mayoral appointments to the Public Utilities Advisory Board and the Sister
 Cities Commission

8. Accept the public underground and street light improvements at Bauer Place Subdivision
 Phase 3 and authorize the City Clerk to reduce the corresponding public improvement
 surety

9. Approve the City Council meeting schedule for March, April and May 2018

10. Pass the ordinance authorizing the execution of a recapture agreement for installation of
 improvements along Tuthill Road
 Enactment No: ORD 18-015

11. Approve the Program Year 2018 Annual Action Plan allocating a total of $476,617 of
 Community Development Block Grant funds

J. PUBLIC HEARINGS:


City of Naperville Page 3 Printed on 3/23/2018
City Council Meeting Minutes March 6, 2018

1. Receive the staff report for Clow Creek Farm Addition (PZC 17-1-129) located near the
 southwest corner of 103rd Street and Book Road (Item 1 of 8)
 Len Monson, Attorney for the Petitioner, explained the request and the
 proposal to develop the property with 61 single family homes and to revoke
 the original Clow Creek Farm PUD as it relates to this incorporated piece,
 allowing the land to be governed by new ordinances pertaining to the Clow
 Creek Farm Addition.

 Council discussed setbacks, zoning, historical value of the barn, student
 generation, sidewalk improvements, future expansion of Book Road, and
 plans for detention.

 Nicholas Stanitz, Petitioner, explained the plans to build a memorial to the
 Clow family with existing stones that have been on the property since 1840.

 Drew Walker, Engineer for the Petitioner, discussed enhancements to area
 naturalization.

 Carl Reina, Clow Creek HOA, spoke in support of the development.
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, that the report be received. The motion carried by the following vote:

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

2. Conduct the public hearing for Clow Creek Farm Addition (PZC 17-1-129) located near
 the southwest corner of 103rd Street and Book Road (Item 2 of 8)
 Chirico opened the Public Hearing at 7:36 p.m.



 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to close the Public Hearing at 7:36 p.m. The motion carried by the
 following vote:

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




 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to use the Omnibus method to approve J3-J8. The motion carried by the
 following vote:

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

3. Pass the ordinance authorizing execution of the annexation agreement for Clow Creek

City of Naperville Page 4 Printed on 3/23/2018
City Council Meeting Minutes March 6, 2018

 Farm Addition (PZC 17-1-129) located near the southwest corner of 103rd Street and
 Book Road (Requires six (6) positive votes.)(Item 3 of 8)
 Enactment No: ORD 18-016

4. Pass the ordinance annexing the subject property located at the southwest corner of
 103rd Street and Book Road (Clow Creek Farm Addition, PZC 17-1-129) (Item 4 of 8)
 Enactment No: ORD 18-017

5. Pass the ordinance rezoning a portion of the subject property near the southwest corner
 of Book Road and 103rd Street to R1A (Low Density Single-Family Residence District)
 upon annexation - PZC 17-1-129 (Item 5 of 8)
 Enactment No: ORD 18-018

6. Pass the ordinance revoking a portion of the 1994 Clow Creek Farm Planned Unit
 Development and subdivision plat as it relates to the Clow Creek Farm Addition - PZC
 17-1-129 (Item 6 of 8)
 Enactment No: ORD 18-019

7. Pass the ordinance approving the preliminary plat of subdivision for Clow Creek Farm
 Addition - PZC 17-1-129 (Item 7 of 8)
 Enactment No: ORD 18-020

8. Pass the ordinance granting a conditional use in the R1A (Low Density Single-Family
 Residence) District to establish the Clow Creek Farm Addition PUD, and approve a
 preliminary PUD plat with deviations to Sections 6-6A-5 and 6-6A-7 of the Naperville
 Municipal Code for the property located near the southwest corner of Book Road and
 103rd Street (Clow Creek Farm Addition) - PZC 17-1-129 (Item 8 of 8)
 Enactment No: ORD 18-021

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Pass the Ordinance amending the Home Rule Sales Tax and Downtown Food and
 Beverage Tax by amending Section 11 of Chapter 1, Title 3 and Section 9 of Chapter 1,
 Title 3 of the Naperville Municipal Code.
 Dick Furstenau, Naperville, spoke against the proposed home rule sales tax.

 Council discussed the appropriate reserve level and effect on the City's bond
 rating.

 Krieger responded that reducing reserve level 20% is on low end for AAA rated
 communities.



City of Naperville Page 5 Printed on 3/23/2018
City Council Meeting Minutes March 6, 2018

 Mayer gave a presentation focusing on budget projections, how they are
 developed, how previous projections have fared, impact of missed
 assumptions, policy decision ramifications, projected expenditures and
 revenues, property tax rates, future debt service, and the home rule sales tax.

 Council discussed impact of home rule sales tax to close the budget gap, when
 first receipts will come in, the financial principles, sunset provision, that the
 sales tax is discretionary spending and half of the associated revenue comes
 from non-Naperville residents, and that the proposed sales tax is still nationally
 competitive.

 DiSanto explained that the proposed .75% home rule sales tax will sunset in
 2020.

 Council discussed using the reserve to close the gap would create an
 unstructurally balanced budget, the 2015 home rule sales tax amount was
 decided against staff and Financial Advisory Board recommendations, the City
 is more disciplined by evaluating the budget on an annual basis, an opportunity
 to review the financial principles in 2018, that prescription drugs, services,
 groceries, and cars are not subject to the tax, and that the property tax rate is
 lowest since the 1990's.

 Enactment No: ORD 18-022

2. Waive the first reading and pass the ordinance amending Chapter 3, Title 3, Section 11
 (Liquor License and Permit Classifications) of the Naperville Municipal Code eliminating
 the sunset provision contained within the outdoor seating permit (requires six positive
 votes)
 Marilyn Schweitzer, Naperville, suggested changes to the proposed ordinance.

 Gary D. Smith, spoke against the proposed ordinance and asked that the 5'
 pedestrian path be increased to 8'.

 Carl Skrabacz, Naperville, spoke in favor of extending the path to 8', asked that
 Council consider mobility devices, wheelchairs, blind individuals and guide
 dogs, and strollers.

 Council discussed outdoor seating, liquor, and permanent vs. semi-permanent
 barriers.

 Novack responded that Quiubo is the only establishment with a walkway less
 than 8'.

 Council discussed two of the five establishments using this ordinance, the
 appropriateness of an annual review of the ordinance, accessibility concerns,
 and the importance of receiving stakeholder input.

 Council further discussed that liquor service mandates semi-permanent
 containment, this requirement is expensive and may explain why only two
 establishments are participating at this time, and that annual review may further

City of Naperville Page 6 Printed on 3/23/2018
City Council Meeting Minutes March 6, 2018

 chill any commitment to invest. Council discussed pedestrian flow, that no
 complaints have been received, the ordinance can change without annual
 review, that in the past tables were not required to be away from the buildings,
 whether variances would be allowed, and that the text amendment simplifies the
 process.

 DiSanto clarified that petitions for variances would be allowed.

 Laff explained the streetscape standards review, that amenity zones include
 outdoor seating and liquor, and that a clear pedestrian path, separated from the
 amenity zone, serves as a buffer from pedestrian to street.

 Spencer Tuzzo, Sullivan's, explained that establishments are hesitant to make
 a large investment until a decision is made by the Council.

 Council discussed the lease agreement with Quiubo.




 A motion was made by Councilman Coyne, seconded by Councilman Hinterlong,
 to direct staff to bring back include sunset provision with an 8' path limited to
 front of facade. The motion carried by the following vote:

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

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

P. NEW BUSINESS:

 Yard Waste Bag Program
 Hinterlong asked the start date.

 Schwartzhoff responded that the program begins on March 15.

Q. ADJOURNMENT:
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to adjourn the Regular City Council Meeting of March 6, 2018 at 9:17 p.m.
 The motion carried by the following vote:

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




 /S/ Pam Gallahue
 Pam Gallahue, PhD

City of Naperville Page 7 Printed on 3/23/2018
City Council Meeting Minutes March 6, 2018

 City Clerk




City of Naperville Page 8 Printed on 3/23/2018