City Council

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Minutes City Council Tuesday, November 2, 2021 7:00 PM Council Chambers Agenda Introductory Language Due to the COVID-19 pandemic, members of the public attending the meeting may do so subject to compliance with COVID-19 safety protocols, including wearing face coverings at all times while inside City buildings. TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE: • Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-WOW, Ch. 10 - Comcast, Ch. 99 - AT&T) • Watch online at https://naperville.legistar.com TO SUBMIT PUBLIC COMMENT OR SPEAK LIVE AT THE MEETING: To address the City Council in-person in City Council Chambers, members of the public must register by 4 p.m. on November 2 at: www.naperville.il.us/speakersignup The public may choose to provide public comment in any of the following ways: 1. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on November 2. Written comments will be compiled and posted with the electronic meeting agenda on the City’s website prior to the start of the meeting. The cumulative number of comments will be announced during the City Council meeting. 2. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda item. The names of participants who submitted position statements will be compiled and posted with the electronic meeting agenda on the City’s website prior to the start of the meeting. The cumulative number of position statements will be announced during the City Council meeting. 3. Address the City Council live during the City Council meeting in-person in City Council Chambers. Individuals wishing to address the Council during the meeting must sign up to speak by 4 p.m. on November 2. Online sign-up closes at 4 p.m. on November 2, at which time no other speakers or comments will be accepted. There will be no on-site speaker sign up. City of Naperville Page 1 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 PUBLIC ACCOMMODATION: • Any individual who may require an accommodation to listen to or participate in the meeting should contact the Community Services Department at (630) 305-5300 by 4 p.m. on November 2. • Questions regarding online sign-up may be directed to the Community Services Department by calling (630) 305-5300. PARTICIPATION GUIDELINES: The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the Naperville Municipal Code. • ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive comments and constructive criticism are encouraged. Speakers must refrain from harassing or directing threats or personal attacks at Council members, staff, other speakers or members of the public. Comments made to intentionally disrupt the meeting may be managed as necessary to maintain appropriate decorum and allow for city business to be accomplished. A. CALL TO ORDER: Chirico called the meeting to order at 6:00 p.m. B. ROLL CALL: Present: 8- Mayor Steve Chirico Councilman Jennifer Bruzan Taylor Councilwoman Patty Gustin Councilman Paul Hinterlong Councilman Ian Holzhauer Councilman Paul Leong Councilwoman Theresa Sullivan Councilman Benjamin White Absent: 1- Councilman Patrick Kelly C. CLOSED SESSION - 6:00 p.m. A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to recess to Closed Session to discuss: 120/2(c)(1) Performance of a Specific Individual, 120/2(c)(8) Safety & Security Procedures, 120/2(c)(21) Approval of Minutes. The motion carried by the following vote: Aye: 8- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Leong, Sullivan, and White Absent: 1- Kelly OPEN SESSION - 7:00 p.m. Chirico called the meeting to order at 7:05 p.m. D. ROLL CALL: City of Naperville Page 2 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Present: 9- Mayor Steve Chirico Councilman Jennifer Bruzan Taylor Councilwoman Patty Gustin Councilman Paul Hinterlong Councilman Ian Holzhauer Councilman Patrick Kelly Councilman Paul Leong Councilwoman Theresa Sullivan Councilman Benjamin White Also Present City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; City Attorney, Mike DiSanto; Director of Community Services/City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis; Deputy Police Chief, Bob Lee; 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, Brian Groth; Director of Public Utilities - Water, Darrell Blenniss, Jr.; Director of Public Works, Dick Dublinski, Director of Communications, Linda LaCloche Daily Herald, Naperville Sun, NCTV-17 E. PLEDGE TO THE FLAG: The pledge was given. F. AWARDS AND RECOGNITIONS: 1. Recognize the 2020 US Census Naperville Complete Count Committee Chirico presented the Proclamation to Complete Count Committee co-Chairs Mark Rice and Ashfaq Syed and recognized individual organizations that participated in the 2020 census effort. Chirico offered condolences and held a moment of silence for recently deceased Firefighter/Paramedic Alexander Gard. G. PUBLIC FORUM: WRITTEN COMMENT ONLY Suburban Climate Action Planning committee (Climate Reality Chicago) As the co-chair of the Suburban Climate Action Planning committee of Climate Reality Chicago, I offer the following information to address the statement referencing the 2019 floodplain maps and climate change impacts in the October 28th Manager’s Memo, item #1. The reason why the floodplain maps do not show any changes is because the 2019 Flood Insurance Study (FIS) City of Naperville Page 3 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 reuses the 1992 hydrologic and hydraulic (H&H) modeling results, as shown in the clips below from the FIS. The FIS is publicly available at FEMA.gov. The precipitation data from Technical Paper No. 40 (TP-40) dates back to 1960. The land surface data is nearly 30 years old. Impervious surfaces associated with land development has increased substantially in the past 30 years; impervious surfaces do not absorb stormwater and create higher flows in creeks and the West Branch DuPage River. Higher flows erode the river channel and overbank which is why the City and Park District have recently completed streambank stabilization projects. Since 1992, the region has experienced many heavy rainfall events, such as the 1996, 2008, 2013, and 2017 events. This data is not represented in the modeling or mapping. The following graphics are from Illinois State Water Survey (ISWS) depicting the precipitation data. ISWS updated Bulletin 70 precipitation design values in 2019 because the historic rainfall record has changed dramatically. The design values result from statistical analysis of the historic record. Climate change is forecast to continue these trends of increased frequency and intensity, not prolonged rainfall (duration) events. With a 2oC warming projected, the atmosphere can hold 14% more moisture. Temperature records show that we have already warmed more than a degree. The historic precipitation data has already exceeded the results of ISWS’s climate change study for the larger design frequencies, showing that climate change is already happening. Similar results have occurred across the country. It is especially problematic that the H&H study uses precipitation data that is 60 years old! The 100-year, 24-hour design storm has increased from 5.5 inches (TP-40) to 8.57 inches (Bulletin 75). Naperville is severely overdue for an update to the H&H and remapping of their floodplains. Be advised that the floodplain boundaries may change significantly, given the new precipitation and land surface data. Floodplain and stormwater management will continue to be more difficult to manage in the future. The Illinois Department of Natural Resources (IDNR) released the “Report for the Urban Flooding Awareness Act” in 2015 which states that more than “90% of the urban flooding damage claims from 2007 to 2014 were outside the mapped floodplain.” It goes on to say that “urban flooding is expected to increase unless action is taken. The storm sewer infrastructure is the underpinning of urban drainage, and action is needed to update aging, undersized systems.” With the update to Bulletin 75, existing stormwater basins and sewers are now considered undersized for our current rainfall amounts. The American Society of Civil Engineer’s (ASCE) Changing Climate committee is discussing how to design infrastructure to ensure our pipes meet the performance during the design life as the weather conditions change. Costs of infrastructure are based upon meeting the design life, usually 25 to 50 years. If storm sewers no longer function as intended 10 years after construction and retrofits have to be made, additional tax dollars are spent on a project when it could have been designed and constructed to operate for the entire design life. Designing for future conditions is the concept behind the federal government's “Build Back Better” climate-resilient infrastructure plan. Mitigation studies have shown that for every dollar spent building to a higher standard, approximately $$10 is saved on rebuilding infrastructure that did not meet its intended purposed during the design life. The recently published “An Assessment of the Impacts of Climate Change in Illinois” concludes that climate change will have a significant impact on all aspects of life, especially public health. Among the long list of authors on this report are the State Climatologist, Dr. James Angel, and a leading climate scientist, Dr. Donald Wuebbles. Dr. City of Naperville Page 4 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Wuebbles also authored the National Climate Assessment. Metropolitan Mayors Caucus’ Climate Action Plan states that the Chicago region is at high risk for extreme heat and increased precipitation and subsequent flooding due to climate change. The National Oceanic and Atmospheric Administration (NOAA) was one of the lead authors on the plan. Does the City of Naperville staff disagree with NOAA and the nation’s leading climate scientists? In conclusion, it appears that the City does not have the expertise internally to comprehend and make sound decisions on these scientific issues. Has the City considered hiring a Certified Floodplain Manager (CFM) and a Certified Climate Change Professional (CC-P)? Climate Reality is available to provide education on climate change, implementing a climate action plan, reducing emissions, and addressing the impacts of climate change on infrastructure and public health. Carl E VanDril (NEST) The following memo was sent to City staff in response to the manager’s memo of October 28, 2021. We respectfully submit this as a public comment. We recommend that our comments and recommendations be incorporated into City staff plans and actions. Dear Pam Gallahue, Brian Groth, Doug Krieger, Marcie Schatz, and Ben Mjolsness: Naperville Environment and Sustainability Task Force (NEST) would like to respond to the memo from October 28, 2021 from Pam Gallahue and Brian Groth to Doug Krieger with the subject Follow-up from October 21, 2021 City Council meeting. Regarding our climate resiliency, addressed in Point 1, we would like to direct you to the Sustainable Naperville 2036 report for information on the direct impacts to Naperville of climate change: The primary climate risks impacting Naperville are extreme heat, flooding, severe storms and drought. These events cause many economic, infrastructure, environmental and human issues for Naperville residents and businesses, including: Expenses to City for infrastructure repair and construction Human health negative impacts Interruptions in transportation and business operations Property damage Increases in insurance costs Air and water quality deterioration Ecosystem disruption and biodiversity loss Energy system disruptions Food and healthcare supply system disruptions Restrictions on natural resource use Potential credit rating impacts NEST requests the opportunity to meet with decision makers within the City to discuss these issues and what would be involved in a climate vulnerability assessment. Regarding Point 2, on October 6, 2021, we met with the Mayor, who confirmed that NEST could have a seat at the table during the IMEA financial risk assessment process. To this end, we would like to have input on the RFP process to select a contractor. To reach meaningful conclusions, the scope of the assessment must, at a minimum, include the following: Financial projection of status quo, including liabilities related to environmental and health damages, and potential climate litigation. Financial implications of adoption of renewable energy or other technologies or purchase agreements to reduce our carbon footprint. Financial impacts of purchase of renewable energy certificates (RECs) versus investment in clean energy infrastructure. The assessment should involve: IMEA financial transparency. Review of the 2021 RMI report Transition Opportunities for Prairie State Energy Campus, which includes a path to transition away from coal. Investigation of coal debt securitization or other debt refinancing tools. Stakeholder engagement, including NEST. As discussed in Sustainable Naperville 2036, In December 2019, Morgan Stanley noted “the fastest-growing U.S. utilities are those that are moving most City of Naperville Page 5 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 aggressively toward clean energy... [while there is a large] re-rating opportunity for utilities with relatively high carbon-intensive power fleets” if they ditch coal to invest in renewables [1]. Naperville customers, as public utility owners and energy consumers, have the right to be informed of and understand the full financial risks and benefits of their energy supply, and determine the cost value of their risk exposure. Regarding Point 3, Sustainable Naperville 2036 does not address carbon capture and storage (CCS) because our research tells us that there are proven technologies that are cheaper and more effective to reduce carbon emissions. Therefore, we feel that it is important to consider CCS as part of the financial risk assessment discussed above. Regarding Point 4, our understanding was that Council’s request on October 5, 2021, was that Naperville should work with other municipalities to create a collective voice within IMEA to accelerate the transition to clean energy. Naperville can lead the way, as we have done with our top-ranked public schools, parks, library system, fire department, and so much more. We appreciate that steps to adopt renewable energy have been taken. However, specific, targeted objectives, adopted by IMEA, will ensure that our community can meet our climate goals to meet the moment. Tying back to Point 2, the discussion with other members should incorporate the need for a complete financial risk analysis and creation of a clean energy transition plan to understand the impact on and options for members and ratepayers. We look forward to continued dialogue and collaboration on these topics. We would be happy to meet with you to elaborate on the above comments - we have NEST experts that can provide research, data, and context. We would also like to refer you to Sustainable Naperville 2036 for additional information. Regards, Cathy Clarkin NEST Chair Carl VanDril NEST City Engagement Leader Jodi Trendler NEST Founder [1] GTM (2020) "How Utilities Can Avoid Being Financially Swamped by the Coal Closure Wave" Suburban Climate Action Planning committee To answer Councilman Kelly’s question if the financial impacts from climate change can be estimated, there are a number of federal tools available to determine those estimates. FEMA’s National Risk Index provides an Expected Annual Loss estimator for 18 different hazards, including ice storms, extreme heat, and tornadoes. Since flooding is the most significant risk to Naperville, the City can use federal tools such as HAZUS-MH or Flood Impact Analysis (HEC-FIA) to create a detailed estimate of current and future flood losses on a per parcel basis using structure data. However, the flood modeling must be up to date before creating a future conditions scenario. Future precipitation can be estimated from climate model output and utilized in the model to create a map of future floodplain boundaries and elevations. Impacts can be assessed of critical facilities such as Water Service Center (sanitary pumping station), City Hall, and Edward Hospital are not able to operate fully. More frequent urban flooding is predicted from climate change, creating dangerous driving conditions from road flooding and sanitary sewer overflows. Potential damages can be estimated using the future conditions rainfall with the storm and sanitary sewer system models. Results will show where the sewers lack capacity to accommodate future flows; proposed improvements can be modeled to show the reduction of raw sewage or stormwater from leaving the systems. The improvements can be incorporated into the Capital Improvement Program. Marilyn L Schweitzer City of Naperville Page 6 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Task force volunteers are exceptionally dedicated and hopeful for the betterment of our community. Having their initiatives come to fruition and be recognized by the City takes a tremendous amount of time and perseverance. Yet, the overriding reason to form a Task Force rather than a Commission or Board seems to be to avoid the Open Meetings Act. Yes, this cuts down on staff time and may allow members to work in a more streamlined fashion. But, the distinction between a commission/board and a task force is obscure: • Some task forces are listed on commission/board page. • One task force’s meetings are listed as “Government Meetings”. • Some have @naperville.il.us email addresses. • One has its newsletters sent via E-News. • Some have dedicated city website pages • No where is it publicly stated that they are not subject to the OMA nor why they are not subject to the OMA. Furthermore, beyond the mention that there are meetings, the agendas, minutes, and public involvement is lacking. The City's website should make the distinction between a Task Force and a Board of Commission clear. Since they are endorsed by the city, there should be a well-documented model that allows for wide public input, good public transparency, and consistent City Staff and Council support. It would make it easier for a new task force to form and operate efficiently. I cannot understand why there is a lack a support from City Council for forming such a model unless that by doing so would somehow force the task force subject to the OMA. I encourage City Council to consider this issue during New Business this evening. SPEAKERS ICN 248 Mosque Project Lyndsey Kokoris spoke in favor of the ICN 248 mosque development. October 28, 2021 Manager’s Memorandum Lucy Evans disagreed with the statement regarding financial risks to the City of Naperville associated with extreme weather events. October 28, 2021 Manager’s Memorandum Marilyn Sucoe disagreed with the statement regarding financial risks to the City of Naperville associated with extreme weather events and discussed flood plain and zoning maps. Council discussed large rain events, current flood plain and zoning maps, and whether staff should continue to research and develop a clearer vision of threats related to climate change and build mitigations into the budget. Krieger explained the response in the Manager’s Memorandum, that the City does provide input on the maps but is not involved in creation or modeling, how the City's role differs in both Will and DuPage counties, and that the creation of maps is not a City staff responsibility. He went on to say that the City's preference is that FEMA maps be created with most recent data, that the current map was approved by FEMA in 2019, and that Naperville will communicate to FEMA regarding updating maps. ICN Dianne McGuire (Indivisible Naperville) spoke in favor of the ICN 248 mosque development. City of Naperville Page 7 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Ghost Tour Linda Geib discussed the frequency of the tours by her residence, groups of individuals coming on her property, the amount of garbage left behind, and the cost of replanting grass. Council stated the ghost tour companies said they would speak to the homeowner, discussed the appropriateness of having staff report back with options to regulate ghost tours, and that homeowners can put "No Trespassing" signs on the property and call the police. DiSanto explained the ghost tour companies exercised voluntary compliance for previous downtown ghost tours and would encourage the same for the subject house. H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE CONSENT AGENDA: A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to use the Omnibus method to approve the Consent Agenda. The motion carried by a voice vote. I. CONSENT AGENDA: A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, approved the Consent Agenda and amending I2 to include written comments submitted by the public as part of that workshop, withdrawing I11 from the agenda, and amending I19 as referenced in the Q&A. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 1. Approve the regular City Council meeting minutes of October 19, 2021 Council approved. 2. Approve the Inclusionary Zoning Workshop minutes from June 21, 2021 WRITTEN COMMENT ONLY Marilyn L Schweitzer The draft minutes exclude comments made by Marilyn Schweitzer and Kristen Tang. Please add their comments before approving the minutes. See <https://naperville.legistar.com/MeetingDetail.aspx? ID=858524&GUID=14972731-B3B1-4180-ADC8-4533C453C4EE&Options=&S earch=> for the missing comments. Council approved as amended. 3. Approve the City Council meeting schedule for November and December 2021, and City of Naperville Page 8 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 January 2022 Council approved. 4. Approve the appointment of an additional student representative to the Planning and Zoning Commission Council approved. 5. Approve the award of RFP 21-202, PCI DSS Compliance Services to CampusGuard, LLC for an amount not to exceed $231,025 for a three-year term Council approved. 6. Approve the award of Bid 21-252, Liquid Cationic Emulsion Polymer for Centrifuge Dewatering, to Polydyne Inc. for an amount not to exceed $373,261 and for a two-year term Council approved. 7. Approve the award of Bid 21-253, Liquid Cationic Emulsion Polymer for Gravity Belt Thickening, to Solenis LLC for an amount not to exceed $156,382.72 and for a two-year term Council approved. 8. Approve the award of Cooperative Procurement 21-362, Roadway Salt, to Compass Minerals for an amount not to exceed $660,555 Council approved. 9. Approve the award of Cooperative Procurement 21-337, SMARTnet Maintenance Renewal, to CDW-G for an amount not to exceed $414,387 and for a one-year term Council approved. 10. Accept the public street improvements at Ashwood Park South Unit 3, Phase 2 and authorize the City Clerk to reduce the corresponding public improvement surety Council accepted. 11. Waive the applicable provisions of the Naperville Procurement Code and award Procurement 21-354, Grant Application Assessment, Preparation and Submittal Services, to West Monroe Partners, LLC for an amount not to exceed $180,000 (requires six positive votes) Krieger explained that the item was being withdrawn pending the outcome of federal legislation. Withdrawn from the Consent Agenda. 12. Waive the applicable provisions of the Naperville Procurement Code and award City of Naperville Page 9 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Procurement 21-365, Electronic Bill Payment, to Fidelity Information Services, LLC. for an amount not to exceed $174,000 for a one-year term (requires six positive votes). Council awarded. 13. Waive the first reading and pass the ordinance terminating temporary 30-minute on-street parking regulations in the Central Business District (requires six positive votes) POSITION STATEMENT Marilyn L Schweitzer - SUPPORT Enactment No.: ORD 21-113 Council passed. 14. Waive the first reading and pass an ordinance amending Title 11 (Motor Vehicles) Chapter 2 (Parking) to convert the top levels of the Van Buren and Water Street parking facilities to permit-only parking (requires six positive votes) Enactment No.: ORD 21-114 Council passed. 15. Pass the ordinance proposing and setting a public hearing for the establishment of Special Service Area No. 34 for streetscape improvements on a portion of Block 422 of downtown Naperville POSITION STATEMENT Marilyn L Schweitzer - SUPPORT Enactment No.: ORD 21-115 Council passed. 16. Pass the ordinance approving a variance to Title 3 (Business and License Regulations) Chapter 3 (Liquor and Tobacco Control) Section 11:2 (Liquor License and Permit Classifications: Off-Premises Consumption Liquor Licenses) to allow the issuance of a Class S - Specialty Wine Shop liquor license for a premise greater than 1,500 square feet to Jefferson St Development LLC at 30 West Jefferson POSITION STATEMENT James and Stephanie Jacobson (Petitioners) - SUPPORT Jacobson stated the hours of operation, that alcohol and dessert wines ($10-$12/glass) will be served Thursday through Sunday evenings, that a full service kitchen provides supplies to both business locations, and that all employees will be fully BASSET trained. Council discussed the appropriateness of a cap on this type of license, that there is not a proliferation of requests, and that patrons are not required to order food at a restaurant/bar. Enactment No.: ORD 21-118 City of Naperville Page 10 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to pass the ordinance approving a variance to Title 3 (Business and License Regulations) Chapter 3 (Liquor and Tobacco Control) Section 11:2 (Liquor License and Permit Classifications: Off-Premises Consumption Liquor Licenses) to allow the issuance of a Class S - Specialty Wine Shop liquor license for a premise greater than 1,500 square feet to Jefferson St Development LLC at 30 West Jefferson. The motion carried by the following vote: Aye: 8- Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White Nay: 1- Gustin 17. Pass the ordinance to establish temporary traffic controls and issue Special Event and Amplifier permits for the Turkey Trot 5K Run on Thursday, November 25, 2021 Enactment No.: ORD 21-116 Council passed. 18. Pass the ordinance to establish temporary traffic controls and issue Special Event and Amplifier permits for the Rotary Clubs of Naperville Holiday Parade of Lights on Friday, November 26, 2021 Enactment No.: ORD 21-117 Council passed. 19. Adopt the resolution authorizing execution of a collective bargaining agreement between the City of Naperville and MAP Chapter #363 Enactment No.: RES 21-26 Council adopted. J. PUBLIC HEARINGS: K. OLD BUSINESS: L. ORDINANCES AND RESOLUTIONS: 1. Pass the ordinance amending Title 8 (Public Utilities) Chapter 1 (Electricity) Article C (Electric Service Rates) of the Naperville Municipal Code SPEAKER Furstenau spoke against rate increases. Mayer explained the collections process, that staff will match the customer bill when the customer moves, and the series of progressive steps taken in the shut-off process. Enactment No.: ORD 21-119 A motion was made by Councilwoman Gustin, seconded by Councilman White, to pass the ordinance amending Title 8 (Public Utilities) Chapter 1 (Electricity) City of Naperville Page 11 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Article C (Electric Service Rates) of the Naperville Municipal Code. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 2. Pass the ordinance amending Title 8 (Public Utilities) Chapter 2 (Municipal Water and Sewer) Article C (Water and Sewer Rates, Connection Charges) of the Naperville Municipal Code SPEAKER Furstenau spoke against rate increases. Council clarified that much of the request is to fund necessary infrastructure and capital projects, discussed the impact to seniors and other vulnerable populations, the availability of grants, and the appropriateness of needs based applications. Mayer explained how enterprise funds can be used, that the City does not co-mingle general and enterprise fund dollars, that Home Rule Sales Tax (HRST) revenue is limited to funding capital, and that the Council may direct staff to expand HRST options to the Water Utility. Blenniss explained that the City has fallen 52 miles behind in the last decade, that the current pace of one mile/year will not bring the City current, and that scheduling three miles/year is more expensive but still less than the consultant-recommended ten miles/year. He also stated that there were 76 main breaks in 2020 and 101 in 2019 and that while costs are passed on to customers so are reductions. Council discussed whether the DuPage Water Commission has plans to use its cash balance, frequency of water main breaks/replacement, the cost of leaks, and the impact to customer bills impact per month. Blenniss stated that every gallon that leaks is a gallon the City paid for but is not resold to a customer, that the City assumes a 15% loss with the current condition of the infrastructure, and the more main that is replaced the less it will leak. Mayer stated that staff's recommendation is to not increase HRST, that HRST revenue is being used to fund other capital, that staff evaluates the needs of the whole organization and can do an analysis to use HRST to fund Utility capital, and that staff anticipated HRST revenue will meet the 2022 debt reduction goal. Council discussed whether the item should be tabled to determine the impact on vulnerable residents, that even after the proposed increases Naperville has the third lowest rates of DuPage Water Commission customers, that high rates are exaggerated, that the City needs to make long-term capital investments to improve the system, that the Public Utility Advisory Board (PUAB) voted unanimously to approve the recommendation, and that staff can use the program that was put in place during pandemic to help low income residents. City of Naperville Page 12 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Krieger said any delay in a decision will negatively impact planning because rates go into effect on January 1, 2022 and changes need to be communicated now. Enactment No.: ORD 21-120 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance amending Title 8 (Public Utilities) Chapter 2 (Municipal Water and Sewer) Article C (Water and Sewer Rates, Connection Charges) of the Naperville Municipal Code and directed staff to incorporate strategies to mitigate costs to vulnerable populations. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White The meeting recessed from 8:51 p.m. - 8:59 p.m. M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE: N. PETITIONS AND COMMUNICATIONS: O. REPORTS AND RECOMMENDATIONS: 1. Approve the Bridge to 2023 Priorities Plan WRITTEN COMMENT ONLY Marilyn L Schweitzer Naperville should invest in the "City's aged aged infrastructure" to help residents, not merely businesses. Please revise the statement. Yes, let's do a statistically valid citizen survey in 2023. Please select a survey organization that has a solid track record. Many municipalities contract with the National Research Center at Polco which seem to be a widely used, well respected research company. Please conduct a city employee engagement and satisfaction survey. It is my understanding that no such survey has been conducted since Mr Sheehan has been with the city. I would hope it would be welcome feedback to ascertain their job satisfaction as well as their ideas as to what would make city operations run better in terms of outcome and less stress. Between City Council and Staff, please take some time to reflect on why Naperville does not seem to have the resources or perseverance to follow through on any sort of long term community planning. The 2011 Naperville Downtown 2030 plan and 2020 Riverwalk 2031 Master Plan are great, but, neither are plans that encompass all of Naperville. There is no strategy or seemingly much desire to create a sense of community or to address the varying needs for our disparate Naperville in a holistic manner . Council discussed ownership in IMEA and how to promote more initiatives for the community. A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to approve the Bridge to 2023 Priorities Plan with the addition of a City of Naperville Page 13 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 goal to use Naperville's ownership in IMEA to promote more clean energy initiatives. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 2. Provide direction regarding a potential Affordable Housing Program WRITTEN COMMENT ONLY Philip Meno (DuPage housing Alliance) Mayor Chirico and Esteemed Members of City Council: I am reaching out on behalf of the DuPage Housing Alliance regarding the above-referenced agenda item coming up at this Tuesday night's Council meeting. SB Friedman will be reporting back on their findings regarding voluntary, or incentive-based, affordable housing programs at the meeting, and staff is seeking direction on doing further research and making refinements to the proposed program outlined in the four numbered points in the "Discussion" section of the agenda item. Assuming all that research and developer outreach goes smoothly, the ultimate goal is to draft an ordinance for review by the HRFHC and a Council vote thereon. The DuPage Housing Alliance strongly encourages Council to so direct Staff, Friedman, and Duncan Associates to move forward with the proposed program and ordinance drafting. While the Friedman proposed program certainly does not have all of the features that the Alliance would view as ideal in such an affordable housing ordinance, we understand the direction Friedman was given at the June IZO Workshop and believe they have been necessarily responsive in their program outline to the strong reservations voiced there by certain Council members about mandates, etc. We think they have done an admirable job in finding some hopefully common ground for all Council members. Having an ordinance like this on the books would insure that affordable housing takes its rightful place at the beginning of the developers' project discussions with City staff, instead of the all-too-familiar place it has had at the final City Council sign-off stage. Regards, - Phil Meno on behalf of The DuPage Housing Alliance Thompson - I am supportive of measures to support affordable housing here in Naperville. We need to be welcoming and inclusive of many different economic backgrounds to be a thriving city. High housing prices make it difficult for young professionals out of college, younger families and our senior citizens to reside here. Naperville should be accessible to residents of all income levels, and not just the upper level of income earners. Dorothy Stevens - I am in favor of affordable housing in Naperville both rental and ownership Donielle Deering - I became aware of Naperville's shortage of affordable housing only when I began an initiative for permanent, affordable, supportive housing for Naperville's growing population of adults with IDD (intellectual and developmental disabilities). My family moved to Naperville specifically for the special education programs in Districts 203 and 204 which were better suited for my daughter, Megan, who has autism. Megan is now 25 and my energy has shifted to creating a home for her, and other vulnerable people like her, that is affordable and will provide the daily support that Megan and other tenants will City of Naperville Page 14 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 need to live somewhat independently. My goal is to transition my child into a home of her own while I am still able to assist her in everyday life. It is a scary reality that Megan will likely outlive me so I intend to set up a future for her that is fulfilling and makes her happy. Unfortunately, many families do not have a plan and their children become wards of the state. I am grateful to the City of Naperville for listening to what its families need. Both the Council and the Mayor have shown support for these issues as evidenced by the release of a Request for Proposal on City-owned land with the intent of building an affordable, inclusionary community made up of Naperville seniors and adults with IDD. SB Friedman's reports will facilitate a blueprint for the City of Naperville to follow in creating the successful affordable housing that is desperately needed. Our city is known nation-wide as one of the best places to live and raise a family. It is time now to add outstanding affordable housing to our repertoire and be a model for other cities to emulate. Thank you Marilyn L Schweitzer - Do not move forward with this proposed program. This program provides "by-right density bonuses and regulatory incentives" and completely obliterates public input. It is designed to placate developers with no consideration of Naperville residents. Although it claims this program will be designated in only certain parts of the city, where and how that will be determined is not addressed. Perhaps were there an approved Land Use Plan (aka Comprehensive Plan) the strategy would make more sense. But as it stands, this program is being slapped onto existing outdated zoning ordinances to get developer buy-in, but not resident buy-in. By right incentives that reduce setbacks, increase lot coverage, decrease common area, and decrease lot width will impact the character of the neighborhood, the quality of life of the residents in affordable housing unit, and the natural environment. We need to address our outdated zoning code so we get smart density, not just density. Smart density would address environmental sustainability, quality of life, and affordable/attainable/workspace housing needs. It would not simply be an ordinance to make affordable housing palatable for developers. POSITION STATEMENTS Philip Meno - SUPPORT Helen Huie - SUPPORT Mary Beth Nagai - SUPPORT Donielle Deering (Naperville Supportive Housing) - SUPPORT Vivienne Venderley - SUPPORT Diane Forsberg (Ray Graham Association) - SUPPORT Jama Wall - SUPPORT Ryan Wall - SUPPORT Wendy Wagner (Affordable Housing Initiative) - SUPPORT Kirsten Adam - SUPPORT Anna Maria Kissel - SUPPORT Jay Mitchell - SUPPORT Franz B. Kissel - SUPPORT Pernille Boyle - SUPPORT Michael Boyle - SUPPORT Sophie Boyle - SUPPORT Kathy Graham - SUPPORT City of Naperville Page 15 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Marcy Miller - SUPPORT Fredric Miller - SUPPORT Robert Sacks - SUPPORT Mary Hamill (Naperville Accessible Community Task Force) - SUPPORT Kristen Tang (Accessibility and Inclusion Ministry at DuPage Unitarian Universalist Church) - SUPPORT Tony Streit - SUPPORT Carol Manthy - SUPPORT Jean Kostal - SUPPORT Erika Kissel - SUPPORT Carole Krush - SUPPORT Karen Vulich - SUPPORT Steve Vulich - SUPPORT Karen V Peck - SUPPORT Kevin Feeney - SUPPORT Michael Ryder - SUPPORT Nicole McGrath-Patti - SUPPORT Witte - SUPPORT Paul Bleuher - SUPPORT Sherry Healey - SUPPORT Allison Longenbaugh - SUPPORT Meg Collins - SUPPORT Melissa Cleary - SUPPORT Margaret Hoshell - SUPPORT Jennifer Fairlamb - SUPPORT Ben Tang - SUPPORT Eleanor Logan - SUPPORT SPEAKERS Cheryl Butler, representing parents of those with intellectual disabilities who are working on affordable housing, spoke in favor of the proposed Affordable Housing Program. Dick Furstenau spoke against a number of proposals in the Affordable Housing Program regarding zoning, parking, design modifications, and suggested converting apartments to condos and changing sprinkling regulations. Laff explained how parking spaces are determined in the Zoning Code, that the proposed incentives applies to multi-family dwellings and will reduce parking to one space per bedroom which is a plan that worked in City Gate and City Gate West, and that it will be offered by right and not via a variance. SB Friedman presented the details of the proposed affordable housing program and highlighted that it is a voluntary, opt-in program which will provide by-right density bonuses and regulatory incentives to qualifying rental or for-sale housing projects which include an affordable component, that developers who target lower-income households and set aside more affordable units will be offered greater bonuses and more incentives, that any development seeking additional incentives or regulatory relief beyond the program limits will be subject to review through the public hearing process, and that any participating development will be required to maintain the specified affordable units for a 30-year period. City of Naperville Page 16 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Council discussed subdividing requirements and lot size, the property tax abatement via the state law affordable housing provision, and the appropriateness of offering incentives and eliminating masonry requirements. SB Friedman explained the 30-year partial tax reduction that is similar to a TIF district, the menu of additional incentives, that the proposal is a combination of best practices with tailored menu of incentives for Naperville, and the opt-in fast pass component. Council discussed a guarantee of first right of refusal to Naperville residents, the need to gauge how incentives will impact developers, incentivizing the regional rental, incorporating open space percentage, how to encourage building more affordable single-family homes instead of multi-unit development, and that if the City doesn't give relief on masonry and open space then there are no incentives. Council directed staff and SB Friedman to continue on the current program path. SB Friedman explained that next steps will be to test financial impacts to confirm viability and incentive menu, meetings with developers, drafting an ordinance, scheduling the public approval process at the Human Rights Fair Housing Commission and Planning/Zoning Commission, and then presenting the final recommendation to the City Council. Council provided direction. P. NEW BUSINESS: Naper Blvd traffic Taylor spoke about speeding traffic and asked staff to research the use of traffic calming measures. Louden explained that Naper Blvd is a primary roadway and using the traffic calming toolkit would not be appropriate but staff will investigate and propose solutions. Leaf pick up Chirico asked for an update on the program. Dublinski discussed late leaf drop, that residents can help DPW staff by utilizing free leaf bag pick up and free stickers and mulching, and that staff is planning for a six-week program and will make three passes through the city. Adopt-a-Drain Gustin asked about the program. Dublinski explained the program, how to adopt a drain, and that by having residents help staff is relieved of cleaning 600 inlets. City of Naperville Page 17 Printed on 11/16/2021 City Council Meeting Minutes November 2, 2021 Q. ADJOURNMENT: A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to adjourn the Regular City Council Meeting of November 2, 2021 at 10:23 p.m. The motion carried by a voice vote. /S/ Pam Gallahue Pam Gallahue, PhD Community Services Director/City Clerk City of Naperville Page 18 Printed on 11/16/2021