City Council — Naperville, IL
Date: 2018-07-17

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



 Meeting Agenda

 City Council

Tuesday, July 17, 2018 7:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - 5:30 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. 18-547 Approve 06/01/2018 thru 06/28/2018 Cash Disbursement for
 $29,950,835.85

2. 18-564 Approve the 5th Avenue Project Workshop Minutes from June 27, 2018.

3. 18-568 Approve the regular City Council meeting minutes of June 19, 2018

4. 18-432 Approve the award of Bid 18-116, Mill Street and Commons Road Traffic
 Signal, to Meade, Inc. for an amount not to exceed $344,979.53, plus a 5%
 contingency

5. 18-458 Approve the award of Bid 18-111, Martin Mitchell Mansion Roof
 Preservation Project, to Renaissance Roofing Inc. for an amount not to
 exceed $348,300, plus a 5% contingency




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6. 18-474 Approve the award of Bid 18-140, Aggregate Materials, to Boughton
 Materials Inc. for an amount not to exceed $247,346.75 and for a one-year
 term
7. 18-486 Approve the award of Bid 18-141, 2018 Small Diameter Cured-in-Place
 Pipe (CIPP) Sanitary Sewer Lining, to Hoerr Construction, Inc. for an
 amount not to exceed $784,408.50, plus a 3% contingency

8. 18-541 Approve the award of RFP 18-019, Design, Build and Operate Roof Mount
 Fixed Axis Solar Photovoltaic System, to WCP Solar Company, Inc. for an
 amount not to exceed $100,893.03 plus a 5% contingency and for a
 10-year term
9. 18-545 Waive the applicable provisions of the Naperville Procurement Code and
 award Procurement 18-146, Leaf Disposal, to Tri-County Excavation &
 Construction, Inc for an amount not to exceed $67,500 and to Steve Piper
 and Sons for an amount not to exceed $32,500 (Requires six positive
 votes)
10. 18-546 Approve the award of Bid 18-145, Grouting of Sanitary Sewer Service
 Connections and Service Laterals Cress Creek Phase 4, to Michels Pipe
 Services for an amount not to exceed $273,700, plus a 3% contingency
11. 18-550 Approve the award of Bid 18-107, West Waterworks Electrical Upgrade
 Project, to Leyden Electric for an amount not to exceed $538,880, plus a
 3% contingency

12. 18-566 Approve the award of Change Order #2 to Contract 17-191, Southeast
 Water Works Booster Pump Upgrades, to Briesser Construction Co. for an
 additional eight months

13. 18-573 Approve the award of Change Order #1 to Option Year Three of Contract
 14-115, Security Service for Municipal Center, to Securatex Ltd for an
 amount not to exceed $22,213 and a total award of $60,000 and for an
 additional 6 months

14. 18-569 Accept public underground and traffic signal improvements associated
 with Atwater Phase 2, Columbia Park Townhomes and Trumpet Avenue

15. 18-536 Approve the City Council meeting schedule for August, September, and
 October 2018

16. 18-473B Pass the ordinance approving a parking variance for Illinois Cheer
 Enterprises (PZC 18-1-046) on property located at 1152 Frontenac Road

17. 18-476B Pass the ordinance approving a sign variance for Starbucks (PZC
 18-1-049) at 215 E Ogden Avenue




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18. 18-498 Receive the staff report for Clow Creek Farm Addition Final - PZC
 18-1-030 (Item 1 of 4)

19. 18-499 Pass the ordinance approving the final PUD plat for Clow Creek Farm
 Addition (Clow Creek Farm Addition Final) - PZC 18-1-030 (Item 2 of 4)

20. 18-500 Pass the ordinance approving the final plat of subdivision for Clow Creek
 Farm Addition (Clow Creek Farm Addition Final) - PZC 18-1-030 (Item 3
 of 4)

21. 18-501 Pass the ordinance approving a variance from the Design Manual for
 Public Improvements for Clow Creek Farm Addition (Clow Creek Farm
 Addition Final) - PZC 18-1-030 (Item 4 of 4)

22. 18-467C Receive the staff report for CityGate Centre North located at 2415 & 2416
 Corporate Lane, Naperville - PZC 18-1-029 (Item 1 of 4)

23. 18-468B Pass the ordinance rezoning the property located at 2415 & 2416
 Corporate Lane from OCI (Office, Commercial and Institutional District) to
 ORI (Office, Research and Light Industry District) CityGate Centre North -
 PZC 18-1-029 (Item 2 of 4)

24. 18-469B Pass the ordinance granting a major change to the Monarch Landing PUD
 located at 2415 & 2416 Corporate Lane with deviations to reduce the
 amount of parking and the parking setback along Corporate Lane,
 CityGate Centre North - PZC 18-1-029 (Item 3 of 4)

25. 18-470B Pass the ordinance granting a conditional use for the property located at
 2415 & 2416 Corporate Lane to permit an eating/drinking establishment
 as a part of a planned unit development, CityGate Centre North - PZC
 18-1-029 (Item 4 of 4)

26. 18-520B Pass the ordinance amending Sections 3 and 11 of Title 3, Chapter 3, of
 the Naperville Municipal Code adding a Bartending Services Permit and
 Dispenser Permit.

27. 18-580 Conduct the first reading of an ordinance amending Sections 3-3-3 and
 3-3-11 of the Naperville Municipal Code amending the Class P liquor
 license to incorporate craft distilleries.

28. 18-581 Pass the ordinance to establish temporary street closures and issue a
 Special Event and Amplifier permit for the Scott S’Cool Scoot on Saturday,
 August 25, 2018

29. 18-582 Pass the ordinance to establish temporary street closures and issue a
 Special Event permit for Old Naperville Days to be held on Sunday, August
 19, 2018




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30. 18-583 Pass the ordinance to establish temporary traffic controls and issue a
 Special Event Permit and an Amplifier permit for the 2018 Last Fling,
 Labor Day Parade, Fling Mile, and the NCAA Women’s Triathlon
 scheduled for August 31-September 3, 2018

31. 18-590 Pass the ordinance granting an extension to the July 19, 2018 deadline to
 install required improvements at 1210 E. Ogden Avenue as set forth in
 Ordinance 17-113.

32. 18-598 Pass the ordinance amending Title 1, Chapter 6, Article A of the Naperville
 Municipal Code and adding Chapter 14 to Title 1 to the Naperville
 Municipal Code to establish an administrative procedure for assessing
 and determining claims made under the Public Safety Employee Benefits
 Act.

J. PUBLIC HEARINGS:
1. 17-896C Receive the staff report for World Missions Society Church of God located
 at 29W771 79th Street, Naperville - PZC 17-1-094 (Item 1 of 7)

2. 18-897B Receive the staff report for the Martinez Property located at 9S065, 9S080
 and 9S081 Route 59, Naperville - PZC 17-1-093 (Item 1 of 6)

3. 18-592 Conduct the public hearing to consider the Annexation Agreement for the
 Martinez Property and World Missions Society Church of God - PZC
 17-1-093 & PZC 17-1-094 (Item 2 of 6)
4. 18-593 Pass the ordinance authorizing the execution of an Annexation Agreement
 for the property located at 29W771 79th Street (World Missions Society
 Church of God) and 9S060, 9S080 and 9S081 Route 59, Naperville
 (Martinez Property) - PZC 17-1-093 & 17-1-094 (Item 3 of 6)

5. 18-594 Pass the ordinance annexing certain property located at 29W771 79th
 Street, Naperville (World Missions Society Church of God) PZC 17-1-094
 (Item 4 of 7)

6. 18-595 Pass the ordinance annexing certain property located at 9S065, 9S080
 and 9S081 Route 59, Naperville (Martinez Property) - PZC 17-1-093 (Item
 4 of 6)

7. 18-235B Pass the ordinance rezoning the property located at 29W771 79th Street
 to B2 (Community Shopping Center District) and R2 (Single-Family and
 Low Density Multiple-Family Residence District) (World Missions Society
 Church of God) - PZC 17-1-094 (Item 5 of 7)

8. 17-898B Pass the ordinance rezoning the property located at 9S065, 9S080 and
 9S081 Route 59, Naperville to B2 (Community Shopping Center District)
 (Martinez Property) - PZC 17-1-093 (Item 5 of 6)


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9. 18-596 Pass the ordinance approving the preliminary/final plat of subdivision for
 World Missions Society Church of God Subdivision - PZC 17-1-094 (Item
 6 of 7)

10. 18-236B Pass the ordinance granting variances to Section 6-9-2:4.3.2 and Section
 6-9-3:6 of the Naperville Municipal Code for the property at 29W771 79th
 Street, Naperville (World Missions Society Church of God) - PZC 17-1-094
 (Item 7 of 7)

11. 17-899B 1. Concur with staff and the petitioner and pass the ordinance granting
 variances to Section 6-9-6 and Section 6-9-5 of the Naperville Municipal
 Code for the property at 9S065, 9S080 and 9S081 Route 59, Naperville
 (Martinez Property) - PZC 17-1-093; or
 2. Concur with the Planning and Zoning Commission and deny variances to
 Section 6-9-6 and Section 6-9-5 of the Naperville Municipal Code for the
 property at 9S065, 9S080 and 9S081 Route 59, Naperville (Martinez
 Property) (Item 6 of 6)

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 18-528B 1. Concur with PZC and the Petitioner and pass the ordinance approving
 a variance from Section 6-2-10:2 of the Naperville Municipal Code to allow
 an existing pergola to remain in the required corner side yard; or
 2. Concur with staff and deny the request for a variance from Section 6-2-
 10:2 of the Naperville Municipal Code to allow an existing pergola to
 remain in the required corner side yard - PZC 18-1-023

2. 18-597 Pass the ordinance approving an extension to Ordinance 17-084
 approving a temporary use to allow a temporary banner to be displayed on
 the east wall of the Loggia Building (123 Water Street) through December
 31, 2019, subject to the terms included in the ordinance.

3. 18-522 Receive the staff report for McDowell Point (PZC 18-1-019) located at the
 southwest corner of Diehl Road and Raymond Drive (Item 1 of 3).

4. 18-523 Pass the ordinance rezoning the subject property to OCI - PZC 18-1-019
 (Item 2 of 3);

5. 18-524 Pass the ordinance approving a conditional use in the OCI (Office,
 Commercial and Institutional) zoning district to allow an age-restricted,
 multi-family building, a conditional use for a planned unit development, and
 a preliminary PUD plat with deviations to Section 6-9-3, Section 6-7F-5,
 and Section 6-7F-8 of the Naperville Municipal Code for McDowell Point -
 PZC 18-1-019 (Item 3 of 3).



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M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:
1. 18-565 Approve the 5th Avenue Concept Principles and direct Ryan Companies to
 initiate concept plan creation.

2. 18-412B Provide feedback on significant changes identified through the 2018
 International Building Code Update.

3. 18-099D Select a funding level for City participation regarding a replacement fence
 along the north side of 95th Street

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, July 17, 2018 7:00 PM Council Chambers


A. CALL TO ORDER:

 Chirico called the meeting to order at 5:30 p.m.

B. ROLL CALL:
 Present: 7- Mayor Steve Chirico
 Councilwoman Judith Brodhead
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilman John Krummen
 Councilwoman Rebecca Obarski
 Councilman Benjamin White
 Absent: 2- Councilwoman Becky Anderson
 Councilman Kevin Coyne

C. CLOSED SESSION - 5:30 p.m.
 A motion was made by Councilman White, seconded by Councilwoman Gustin,
 to recess to Closed Session to discuss 120/2(c)(1) Performance of a Specific
 Individual; 120/2(c)(5) Purchase of Property; 120/2(c)(6) Sale of Property; 120/2(c)
 (11) Pending Litigation; and 120/2(c)(21) Approval of Minutes. The motion carried
 by the following vote:

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

 Absent: 2- Anderson, and Coyne

OPEN SESSION - 7:00 p.m.

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

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



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City Council Meeting Minutes July 17, 2018




 Also Present
 City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; City
 Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis;
 Police Chief, Robert Marshall; Director of Finance, Rachel Mayer; Director of
 Human Resources, James Sheehan; Director of 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; Director of Public Works, Dick Dublinski; Jennifer Lutzke, Senior
 Assistant City Attorney; Scott Scheller, Fire Marshall; Paul Felstrup, TED
 Project Manager

 Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 The pledge was given.

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

 Ribfest Parking
 Ben Yu, spoke in favor of allowing residents to open their lawns and charge a
 fee for parking to those attending the event.

 Chirico suggested the speaker make an appointment with him and Chief
 Marshall to discuss.

 Overgrown vegetation on sidewalks
 HR Hoffman, explained that the overgrowth is a safety issue for bicyclists.

 Sales Taxes, Garbage
 Dick Furstenau, discussed the upcoming garbage contract and taxes.

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


 A motion was made by Councilwoman Brodhead, seconded by Councilwoman
 Obarski, to use the Omnibus method to approve items. The motion carried by the
 following vote:

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

 Absent: 1- Anderson

I. CONSENT AGENDA:


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 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Krummen, to approve the Consent Agenda with the exception of items I16:
 ordinance approving a variance for Illinois Cheer Enterprises; I22-25: CityGate
 Center North-PZC 18-1-029; and I26: text amendment regarding a Bartending
 Services Permit and Dispenser Permit. The motion carried by the following vote:

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

 Absent: 1- Anderson


1. Approve 06/01/2018 thru 06/28/2018 Cash Disbursement for $29,950,835.85
 Council approved.


2. Approve the 5th Avenue Project Workshop Minutes from June 27, 2018.
 Council approved.


3. Approve the regular City Council meeting minutes of June 19, 2018
 Council approved.


4. Approve the award of Bid 18-116, Mill Street and Commons Road Traffic Signal, to
 Meade, Inc. for an amount not to exceed $344,979.53, plus a 5% contingency
 Council approved.


5. Approve the award of Bid 18-111, Martin Mitchell Mansion Roof Preservation Project, to
 Renaissance Roofing Inc. for an amount not to exceed $348,300, plus a 5% contingency
 Council approved.


6. Approve the award of Bid 18-140, Aggregate Materials, to Boughton Materials Inc. for an
 amount not to exceed $247,346.75 and for a one-year term
 Council approved.


7. Approve the award of Bid 18-141, 2018 Small Diameter Cured-in-Place Pipe (CIPP)
 Sanitary Sewer Lining, to Hoerr Construction, Inc. for an amount not to exceed
 $784,408.50, plus a 3% contingency
 Council approved.


8. Approve the award of RFP 18-019, Design, Build and Operate Roof Mount Fixed Axis
 Solar Photovoltaic System, to WCP Solar Company, Inc. for an amount not to exceed
 $100,893.03 plus a 5% contingency and for a 10-year term
 Council approved.


9. Waive the applicable provisions of the Naperville Procurement Code and award
 Procurement 18-146, Leaf Disposal, to Tri-County Excavation & Construction, Inc for an
 amount not to exceed $67,500 and to Steve Piper and Sons for an amount not to exceed

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City Council Meeting Minutes July 17, 2018

 $32,500 (Requires six positive votes)
 Council awarded.


10. Approve the award of Bid 18-145, Grouting of Sanitary Sewer Service Connections and
 Service Laterals Cress Creek Phase 4, to Michels Pipe Services for an amount not to
 exceed $273,700, plus a 3% contingency
 Council awarded.


11. Approve the award of Bid 18-107, West Waterworks Electrical Upgrade Project, to
 Leyden Electric for an amount not to exceed $538,880, plus a 3% contingency
 Council awarded.


12. Approve the award of Change Order #2 to Contract 17-191, Southeast Water Works
 Booster Pump Upgrades, to Briesser Construction Co. for an additional eight months
 Council awarded.


13. Approve the award of Change Order #1 to Option Year Three of Contract 14-115,
 Security Service for Municipal Center, to Securatex Ltd for an amount not to exceed
 $22,213 and a total award of $60,000 and for an additional 6 months
 Council awarded.


14. Accept public underground and traffic signal improvements associated with Atwater
 Phase 2, Columbia Park Townhomes and Trumpet Avenue
 Council accepted.


15. Approve the City Council meeting schedule for August, September, and October 2018
 Council approved.


16. Pass the ordinance approving a parking variance for Illinois Cheer Enterprises (PZC
 18-1-046) on property located at 1152 Frontenac Road
 Chirico recused himself to avoid the appearance of impropriety and left the dais
 from 7:19 p.m. - 7:20 p.m.
 Gustin served as Mayor Pro Tem

 Enactment No.: ORD 18-077
 A motion was made by Councilman Hinterlong, seconded by Councilman
 Krummen, to pass the ordinance approving a parking variance for Illinois Cheer
 Enterprises (PZC 18-1-046) on property located at 1152 Frontenac Road. The
 motion carried by the following vote:

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

 Absent: 1- Anderson

 Recused: 1- Chirico


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17. Pass the ordinance approving a sign variance for Starbucks (PZC 18-1-049) at 215 E
 Ogden Avenue
 Enactment No.: ORD 18-068

 Council passed.


18. Receive the staff report for Clow Creek Farm Addition Final - PZC 18-1-030 (Item 1 of 4)
 Council received.


19. Pass the ordinance approving the final PUD plat for Clow Creek Farm Addition (Clow
 Creek Farm Addition Final) - PZC 18-1-030 (Item 2 of 4)
 Enactment No.: ORD 18-069

 Council passed.


20. Pass the ordinance approving the final plat of subdivision for Clow Creek Farm Addition
 (Clow Creek Farm Addition Final) - PZC 18-1-030 (Item 3 of 4)
 Enactment No.: ORD 18-070

 Council passed.


21. Pass the ordinance approving a variance from the Design Manual for Public
 Improvements for Clow Creek Farm Addition (Clow Creek Farm Addition Final) - PZC
 18-1-030 (Item 4 of 4)
 Enactment No.: ORD 18-071

 Council passed.


22. Receive the staff report for CityGate Centre North located at 2415 & 2416 Corporate
 Lane, Naperville - PZC 18-1-029 (Item 1 of 4)
 Richard Backer, requested a barrier for the anticipated noise from the
 development.

 Council discussed the approval process for events, traffic control plans, and
 noise from similar venues.

 Laff explained the proposed sound barriers and the noise ordinance, that staff
 will partner with the developer to ensure a variety of plantings, and that a traffic
 management plan must be submitted for large-scale events.

 Novack stated that a traffic signal on Comfort Lane would require review and
 approval from DuPage County because it is a county highway.

 Kenneth Witkowski, Calamos Property, explained the main focus of the arena is
 to support ice-related events, that it is difficult to compare to other venues
 because the capacity is smaller at 6,600, depending on the host hockey team
 25 concerts per year is anticipated, and that the proposed landscaping features
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 are designed to diffuse sound and were negotiated with Monarch Landing. He
 went on to say that an acoustical architect was engaged for the project, that the
 building serves as a noise barrier because the materials absorb sound,
 pedestrian traffic is limited, outlined traffic egress plans, and described the
 amenities for Monarch Landing residents.




 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to use the Omnibus method to approve Items I22 - I25. The motion
 carried by the following vote:

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

 Absent: 1- Anderson




 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve items I22 - I25. The motion carried by the following vote:

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

 Absent: 1- Anderson


23. Pass the ordinance rezoning the property located at 2415 & 2416 Corporate Lane from
 OCI (Office, Commercial and Institutional District) to ORI (Office, Research and Light
 Industry District) CityGate Centre North - PZC 18-1-029 (Item 2 of 4)
 Enactment No.: ORD 18-078

 Council passed.


24. Pass the ordinance granting a major change to the Monarch Landing PUD located at
 2415 & 2416 Corporate Lane with deviations to reduce the amount of parking and the
 parking setback along Corporate Lane, CityGate Centre North - PZC 18-1-029 (Item 3 of
 4)
 Enactment No.: ORD 18-079

 Council passed.


25. Pass the ordinance granting a conditional use for the property located at 2415 & 2416
 Corporate Lane to permit an eating/drinking establishment as a part of a planned unit
 development, CityGate Centre North - PZC 18-1-029 (Item 4 of 4)
 Enactment No.: ORD 18-080

 Council passed.


26. Pass the ordinance amending Sections 3 and 11 of Title 3, Chapter 3, of the Naperville
 Municipal Code adding a Bartending Services Permit and Dispenser Permit.
 Council discussed video monitoring, BASSET trained individuals are interested

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City Council Meeting Minutes July 17, 2018

 in addressing the problem in the moment, and service liability issues.

 Enactment No.: ORD 18-081
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to pass the ordinance amending Sections 3 and 11 of Title 3, Chapter
 3, of the Naperville Municipal Code adding a Bartending Services Permit and
 Dispenser Permit.. The motion carried by the following vote:

 Aye: 5- Chirico, Coyne, Hinterlong, Krummen, and White

 Nay: 3- Brodhead, Gustin, and Obarski

 Absent: 1- Anderson


27. Conduct the first reading of an ordinance amending Sections 3-3-3 and 3-3-11 of the
 Naperville Municipal Code amending the Class P liquor license to incorporate craft
 distilleries.
 First reading held.


28. Pass the ordinance to establish temporary street closures and issue a Special Event and
 Amplifier permit for the Scott S’Cool Scoot on Saturday, August 25, 2018
 Enactment No.: ORD 18-072

 Council passed.


29. Pass the ordinance to establish temporary street closures and issue a Special Event
 permit for Old Naperville Days to be held on Sunday, August 19, 2018
 Enactment No.: ORD 18-073

 Council passed.


30. Pass the ordinance to establish temporary traffic controls and issue a Special Event
 Permit and an Amplifier permit for the 2018 Last Fling, Labor Day Parade, Fling Mile,
 and the NCAA Women’s Triathlon scheduled for August 31-September 3, 2018
 Enactment No.: ORD 18-074

 Council passed.


31. Pass the ordinance granting an extension to the July 19, 2018 deadline to install required
 improvements at 1210 E. Ogden Avenue as set forth in Ordinance 17-113.
 Enactment No.: ORD 18-075

 Council passed.


32. Pass the ordinance amending Title 1, Chapter 6, Article A of the Naperville Municipal
 Code and adding Chapter 14 to Title 1 to the Naperville Municipal Code to establish an
 administrative procedure for assessing and determining claims made under the Public
 Safety Employee Benefits Act.

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 Enactment No.: ORD 18-076

 Council passed.

J. PUBLIC HEARINGS:

1. Receive the staff report for World Missions Society Church of God located at 29W771
 79th Street, Naperville - PZC 17-1-094 (Item 1 of 7)
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to receive the staff report. The motion carried by the following vote:

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

 Absent: 1- Anderson


2. Receive the staff report for the Martinez Property located at 9S065, 9S080 and 9S081
 Route 59, Naperville - PZC 17-1-093 (Item 1 of 6)
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to receive the staff report. The motion carried by the following vote:

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

 Absent: 1- Anderson


3. Conduct the public hearing to consider the Annexation Agreement for the Martinez
 Property and World Missions Society Church of God - PZC 17-1-093 & PZC 17-1-094
 (Item 2 of 6)
 Hinterlong opened the Public Hearing at 7:49 p.m.

 Suzette Selig, Naperville, spoke against the proposed annexation to allow
 commercial development.

 Erika Selig, Naperville, spoke against the proposed annexation to allow
 commercial development.


 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to close the Public Hearing at 7:56 p.m. The motion carried by the
 following vote:

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

 Absent: 1- Anderson


4. Pass the ordinance authorizing the execution of an Annexation Agreement for the
 property located at 29W771 79th Street (World Missions Society Church of God) and
 9S060, 9S080 and 9S081 Route 59, Naperville (Martinez Property) - PZC 17-1-093 &
 17-1-094 (Item 3 of 6)
 Laff discussed the annexation agreement, when a rezoning order would be
 appropriate, permitted height and the nearby flight path, and cross-access in the
 area.
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 Enactment No.: ORD 18-082
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to pass the ordinance authorizing execution of an Annexation Agreement
 for the property located at 29W771 79th Street and 9S060, 9S080, and 9S081
 Route 59. The motion carried by the following vote:

 Aye: 6- Chirico, Brodhead, Coyne, Hinterlong, Obarski, and White

 Nay: 2- Gustin, and Krummen

 Absent: 1- Anderson




 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to use the Omnibus method to approve Items J5 - J10. The motion carried
 by the following vote:

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

 Absent: 1- Anderson




 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to use the Omnibus method to approve Items J5 - J10. The motion carried
 by the following vote:

 Aye: 6- Chirico, Brodhead, Coyne, Hinterlong, Obarski, and White

 Nay: 2- Gustin, and Krummen

 Absent: 1- Anderson


5. Pass the ordinance annexing certain property located at 29W771 79th Street, Naperville
 (World Missions Society Church of God) PZC 17-1-094 (Item 4 of 7)
 Enactment No.: ORD 18-083

 Council passed.


6. Pass the ordinance annexing certain property located at 9S065, 9S080 and 9S081
 Route 59, Naperville (Martinez Property) - PZC 17-1-093 (Item 4 of 6)
 Enactment No.: ORD 18-084

 Council passed.


7. Pass the ordinance rezoning the property located at 29W771 79th Street to B2
 (Community Shopping Center District) and R2 (Single-Family and Low Density
 Multiple-Family Residence District) (World Missions Society Church of God) - PZC
 17-1-094 (Item 5 of 7)


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City Council Meeting Minutes July 17, 2018

 Enactment No.: ORD 18-085

 Council passed.


8. Pass the ordinance rezoning the property located at 9S065, 9S080 and 9S081 Route 59,
 Naperville to B2 (Community Shopping Center District) (Martinez Property) - PZC
 17-1-093 (Item 5 of 6)
 Enactment No.: ORD 18-086

 Council passed.


9. Pass the ordinance approving the preliminary/final plat of subdivision for World Missions
 Society Church of God Subdivision - PZC 17-1-094 (Item 6 of 7)
 Enactment No.: ORD 18-087

 Council passed.


10. Pass the ordinance granting variances to Section 6-9-2:4.3.2 and Section 6-9-3:6 of the
 Naperville Municipal Code for the property at 29W771 79th Street, Naperville (World
 Missions Society Church of God) - PZC 17-1-094 (Item 7 of 7)
 Enactment No.: ORD 18-088

 Council passed.


11. 1. Concur with staff and the petitioner and pass the ordinance granting variances to
 Section 6-9-6 and Section 6-9-5 of the Naperville Municipal Code for the property at
 9S065, 9S080 and 9S081 Route 59, Naperville (Martinez Property) - PZC 17-1-093; or
 2. Concur with the Planning and Zoning Commission and deny variances to Section 6-9-6
 and Section 6-9-5 of the Naperville Municipal Code for the property at 9S065, 9S080 and
 9S081 Route 59, Naperville (Martinez Property) (Item 6 of 6)
 Council discussed not granting variances until uses have been proposed and
 approved.
 A motion was made by Councilwoman Obarski, seconded by Councilman
 Hinterlong, to concur with the Planning and Zoning Commission and deny
 variances to Section 6-9-6 and Section 6-9-5 of the Naperville Municipal Code for
 property at 9S065, 9S080, and 9S081 Route 59, Naperville (Martinez property). The
 motion carried by the following vote:

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

 Absent: 1- Anderson

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. 1. Concur with PZC and the Petitioner and pass the ordinance approving a variance
 from Section 6-2-10:2 of the Naperville Municipal Code to allow an existing

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City Council Meeting Minutes July 17, 2018

 pergola to remain in the required corner side yard; or
 2. Concur with staff and deny the request for a variance from Section 6-2-10:2 of the
 Naperville Municipal Code to allow an existing pergola to remain in the required
 corner side yard - PZC 18-1-023
 Council discussed previous petitioners who did not get a permit prior to work
 being completed and whether a penalty can be established for when residents
 do not follow the appropriate application, review, and approval process.

 DiSanto explained that the Code does allow for a penalty of double the permit
 fee.

 Enactment No.: ORD 18-089
 A motion was made by Councilwoman Gustin, seconded by Councilman Coyne,
 to concur with PZC and the Petitioner and pass the ordinance approving a
 variance from Section 6-2-10:2 of the Naperville Municipal Code to allow an
 existing pergola to remain in the required corner side yard and apply a penalty
 of double the permit fee. The motion carried by the following vote:

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

 Absent: 1- Anderson


2. Pass the ordinance approving an extension to Ordinance 17-084 approving a temporary
 use to allow a temporary banner to be displayed on the east wall of the Loggia Building
 (123 Water Street) through December 31, 2019, subject to the terms included in the
 ordinance.
 Laff explained the PUD was approved but the owner has not submitted final
 architectural plans.

 Enactment No.: ORD 18-090
 A motion was made by Councilwoman Gustin, seconded by Councilman
 Hinterlong, to pass the ordinance approving an extension to Ordinance 17-084
 approving a temporary use to allow a temporary banner to be displayed on the
 east wall of the Loggia Building (123 Water Street) through December 31, 2019,
 subject to the terms included in the ordinance. The motion carried by the
 following vote:

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

 Absent: 1- Anderson


3. Receive the staff report for McDowell Point (PZC 18-1-019) located at the southwest
 corner of Diehl Road and Raymond Drive (Item 1 of 3).
 Chirico recused himself to avoid the appearance of impropriety and left the dais
 from 8:15 p.m. - 8:34 p.m.
 Councilwoman Gustin served as Mayor Pro Tem

 Vince Rosanova, Attorney for Petitioner, described the development and
 discussed the proposal to rezone the subject property from ORI to OCI (Office,

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City Council Meeting Minutes July 17, 2018

 Commercial and Institutional District) and develop an age-restricted,
 multi-family building that contains 174 dwelling units.

 Laff explained the requirements for such developments and discussed parking.
 A motion was made by Councilman Hinterlong, seconded by Councilman Coyne,
 to receive the staff report. The motion carried by the following vote:

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

 Absent: 1- Anderson

 Recused: 1- Chirico


4. Pass the ordinance rezoning the subject property to OCI - PZC 18-1-019 (Item 2 of 3);

 Enactment No.: ORD 18-091

 A motion was made by Councilman Hinterlong, seconded by Councilman Coyne,
 to pass the ordinance rezoning the subject property to OCI - PZC 18-1-019. The
 motion carried by the following vote:

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

 Absent: 1- Anderson

 Recused: 1- Chirico


5. Pass the ordinance approving a conditional use in the OCI (Office, Commercial and
 Institutional) zoning district to allow an age-restricted, multi-family building, a conditional
 use for a planned unit development, and a preliminary PUD plat with deviations to Section
 6-9-3, Section 6-7F-5, and Section 6-7F-8 of the Naperville Municipal Code for McDowell
 Point - PZC 18-1-019 (Item 3 of 3) .
 Enactment No.: ORD 18-092

 A motion was made by Councilman Hinterlong, seconded by Councilman Coyne,
 pass the ordinance approving a conditional use in the OCI (Office, Commercial
 and Institutional) zoning district to allow an age-restricted, multi-family building,
 a conditional use for a planned unit development, and a preliminary PUD plat
 with deviations to Section 6-9-3, Section 6-7F-5, and Section 6-7F-8 of the
 Naperville Municipal Code for McDowell Point - PZC 18-1-019. The motion carried
 by the following vote:

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

 Absent: 1- Anderson

 Recused: 1- Chirico

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

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1. Approve the 5th Avenue Concept Principles and direct Ryan Companies to initiate
 concept plan creation.
 Bill Kottman, Naperville, spoke in favor of approving the 5th Avenue Concept
 Principles and direct Ryan Companies to initiate concept plan creation.

 Marshall Dahneke, Naperville, spoke in favor of approving the 5th Avenue
 Concept Principles and direct Ryan Companies to initiate concept plan creation.

 Tim Messer, spoke in favor of approving the 5th Avenue Concept Principles and
 direct Ryan Companies to initiate concept plan creation.

 Len Monson, spoke in favor of approving the 5th Avenue Concept Principles and
 direct Ryan Companies to initiate concept plan creation.

 Jayme Koller, spoke against approving the 5th Avenue Concept Principles and
 direct Ryan Companies to initiate concept plan creation.

 Laura Zeman, spoke in favor of approving the 5th Avenue Concept Principles
 and direct Ryan Companies to initiate concept plan creation.

 Colin Dalough, spoke in favor of approving the 5th Avenue Concept Principles
 and direct Ryan Companies to initiate concept plan creation.

 Dominick Nugent, discussed height restrictions, parking decks, mixed use
 options, commuters, and traffic patterns.

 Mike Briggs, President of Little Friends, spoke in favor of approving the 5th
 Avenue Concept Principles and direct Ryan Companies to initiate concept plan
 creation.

 Council discussed parking, traffic, impact on commuters, input from
 stakeholder groups, that the community is eager to see options, the design
 concept will lead to finance estimates, wait list for parking permits, the concept
 principles received at the June workshop, and the need to consider the Steering
 Committee's recommendations on the areas of conflict.
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve the 5th Avenue Concept Principles and direct Ryan
 Companies to initiate Concept Plan creation consistent with those principles and
 with the Steering Committee's recommendations on the areas of conflict. The
 motion carried by the following vote:

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

 Absent: 1- Anderson


2. Provide feedback on significant changes identified through the 2018 International
 Building Code Update.
 Bob Tinucci, representative of the National Fire Sprinkler Association, spoke in
 favor of adopting the 2018 International Building Code update.

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 Council discussed the sprinkler change, giving the building community an
 opportunity to provide feedback, additional regulations, review by the Building
 Review Board (BRB), the aging population, that Glen Ellyn adopted the sprinkler
 requirements and subsequently reversed the decision, and smart home
 technology.

 Novack said the BRB has reviewed the update and staff recommendations.

 Felstrup discussed increased requirements when sprinklers are omitted from
 design in single family/duplex homes, explained how 5,000 sq ft can be
 calculated, and discussed subdivisions where homes are typically 5,000 sq ft or
 larger.

 Scheller spoke in favor of the sprinkler requirement, discussed the cost of
 sprinklers, and stated that 66% of new homes built in the past 15 years are
 more than 5,000 sq ft.

 Puknaitis spoke in favor of the sprinkler requirement and explained the intent of
 sprinkler systems.



 By consensus, Council directed staff to omit the fire spinkler requirement in the
 residential code changes and draft a summarized version of the major changes
 for review at an upcoming meeting.

3. Select a funding level for City participation regarding a replacement fence along the north
 side of 95th Street
 Doreen Swindall, Naperville, asked Council to install a sound wall for all
 residents impacted by the 95th Street project.

 Diane O’Conner, Naperville, asked Council to install a sound wall for all
 residents impacted by the 95th Street project.

 Novack clarified that at the May 16, 2018 City Council meeting a straw poll was
 taken regarding City cost participation at any level. The majority of the Council
 supported some level of cost participation and the purpose of the discussion is
 to determine the level of funding participation by the City.

 Council discussed whether a fence will buffer traffic noise, that taxpayer money
 has already been expended for landscaping at the speaker's house and trees
 on the median, what would be the appropriate process for other sound barrier
 requests, and the cost difference between installing a wall and a fence.

 Novack explained the noise study that was conducted and that the U .S.
 Department of Transportation stated that the limits of the study performed were
 proper and consistent with their practice and policy, the limits were correct in
 not extending west of Plainfield Naperville Road, and were not influenced by
 property values as stated by the residents.


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City Council Meeting Minutes July 17, 2018

 Council discussed the terminus of the noise study, a cost share arrangement,
 and whether Will County would be amenable to contributing contingent upon
 City participation.



 A motion was made by Councilwoman Obarski, seconded by Councilman
 Krummen, to direct staff to work with Will County to share funding and, if Will
 County participates, the City contribution will be no more than 30% of the cost.
 The motion carried by the following vote:

 Aye: 6- Brodhead, Gustin, Hinterlong, Krummen, Obarski, and White

 Nay: 2- Chirico, and Coyne

 Absent: 1- Anderson

P. NEW BUSINESS:

 Penalty Fines
 Krummen discussed fines for not receiving the appropriate permit prior to work
 being completed.

 By consensus Council directed staff to review the current fines allowed and
 provide a recommendation at a future meeting.

Q. ADJOURNMENT:
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Obarski, to adjourn the Regular City Council Meeting of July 17, 2018 at 9:59 p.m.
 The motion carried by the following vote:

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

 Absent: 1- Anderson




 /S/ Pam Gallahue
 Pam Gallahue, PhD
 City Clerk




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