City Council — Naperville, IL
Date: 2018-06-05

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



 Meeting Agenda

 City Council

Tuesday, June 5, 2018 7:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - 6:30 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. 18-444 Approve the regular City Council meeting minutes of May 15, 2018

2. 18-446 Approve the Minutes from the May 15, 2018 City Council 5th Avenue
 Workshop.

3. 17-949 Approve the award of Bid 18-103, Municipal Center Front Plaza and
 Parking Deck Restoration, to Mertes Contracting Corporation for an
 amount not to exceed $293,758, plus a 5% contingency

4. 18-389 Approve the award of the Two-Year Extension to Contract 15-187,
 Cross-Connection Control Testing Records Administrator, to Backflow
 Solutions Inc.

5. 18-430 Approve the award of Bid 18-052, Cast Iron Manhole Covers and Grates,
 to EJ USA, Inc. for an amount not to exceed $118,257



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6. 18-437 Approve the award of Cooperative Procurement 18-136, Four 2018 Ford
 F-150 XL Pickup Trucks, to Roesch Ford for an amount not to exceed
 $118,092
7. 18-424 Approve the Calendar Year 2019 (CY19) allocations for the City
 Obligations category of the SECA Grant Fund Program in the amount of
 $1,002,388
8. 18-400 Approve the award of Change Order #1 to Contract 17-129, South Central
 Interceptor Sewer Hardening and Protection Engineering Design-Phase II,
 to Strand Associates for an amount not to exceed $42,904 and a total
 award of $276,224

9. 18-456 Approve the City Council meeting schedule for June, July and August 2018

10. 18-440 Conduct the first reading of an 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.

11. 18-402B Pass the ordinance approving a variance to permit a 6’ tall solid fence in
 the required corner side yard at the subject property located at 2609
 Springdale Circle, Naperville - PZC 18-1-034

12. 18-448 Pass the ordinance approving a preliminary/final plat of subdivision and
 owner’s acknowledgement & acceptance (OAA) for Center Place
 Subdivision located at 815 Center Street and 35 E. 8th Avenue, Naperville
 PZC 18-1-014

13. 17-849B Adopt the resolution approving an amendment and execution of a
 temporary lease agreement with Partners in Performance

14. 18-420 Pass the ordinance establishing temporary traffic controls and issue a
 Special Event Permit and Amplifier Permit for Ribfest 2018

15. 18-426 Approve the firework display application and issue a permit for the July 4th,
 2018 display at Knoch Park for The Exchange Club of Naperville

16. 18-445 Approve the firework display application and issue a permit for the June
 30, 2018 display at White Eagle Golf Club

J. PUBLIC HEARINGS:
1. 18-323D Receive the staff report for Enclave on Book located at east of Book Road
 and north of Hassert Boulevard, PZC 18-1-001 (Item 1 of 7)




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2. 18-447 Conduct the public hearing for Enclave on Book located at 11007 S. Book
 Road - PZC 18-1-001 (Item 2 of 7)
3. 18-449 Pass the ordinance authorizing the execution of an annexation agreement
 for the property located at 11007 S. Book Road - PZC 18-1-001 (Item 3 of
 7)

4. 18-452 Pass the ordinance annexing certain property located at 11007 S. Book
 Road - PZC 18-1-001 (Item 4 of 7)

5. 18-391B Pass the ordinance rezoning the property located at 11007 S. Book Road
 to R1 (Low Density Single Family Residence District) - PZC 18-1-001
 (Item 5 of 7)

6. 18-453 Pass the ordinance approving the preliminary/final plat of subdivision for
 Enclave on Book - PZC 18-1-001 (Item 6 of 7)

7. 18-392B Pass the ordinance approving a variance to Section 6-6L-7 of the
 Naperville Municipal Code for the property located at 11007 S. Book Road
 - PZC 18-1-001 (Item 7 of 7)

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 18-438 Conduct the first reading of the ordinance amending Chapter 4 (Animal
 Control) of Title 10 (Police Regulations) of the Naperville Municipal Code

2. 18-461 Receive the staff report for the Naperville IPT Subdivision (IPT Industrial
 Building) - PZC 18-1-025 (Item 1 of 4)

3. 18-462 Pass the ordinance approving the preliminary/final plat of subdivision for
 the Naperville IPT Subdivision (IPT Industrial Building) - PZC 18-1-025
 (Item 2 of 4)

4. 18-463 Adopt the resolution approving an easement agreement with IPT - PZC
 18-1-025 (Item 3 of 4)

5. 18-464 Adopt the resolution approving a purchase and sale agreement with IPT -
 PZC 18-1-025 (Item 4 of 4)

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:




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1. 18-379 Approve the award of Change Order #1 to fund years two and three of
 Contract 17-119, Spot Purchases of Single Phase and Three-Phase
 Transformers, to CG Power Systems USA, Inc., Graybar Electric
 Company, Power Line Supply, RESCO, Universal Utility Supply Co, and
 WESCO for an amount not to exceed $1,520,000 and a total award of
 $2,215,993

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:
1. 18-466 Approve the 2018 City goals


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, June 5, 2018 7:00 PM Council Chambers


A. CALL TO ORDER:

 Chirico called the meeting to order at 6:30 p.m.

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

C. CLOSED SESSION - 6:30 p.m.
 A motion was made by Councilwoman Gustin, seconded by Councilman
 Hinterlong, to recess to Closed Session to discuss 120/2(c)(11) Pending Litigation
 and 120/2(c)(21) Approval of Minutes. The motion carried by the following vote:

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

OPEN SESSION - 7:00 p.m.

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

D. ROLL CALL:
 Present: 9- Mayor Steve Chirico
 Councilwoman Becky Anderson
 Councilwoman Judith 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
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City Council Meeting Minutes June 5, 2018

 Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Deputy Fire Chief, Andy Dina;
 Police Chief, Robert Marshall; Director of Finance, Rachel Mayer; Director of IT,
 Jeff Anderson; 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;
 Senior Assistant City Attorney, Kristen Foley

 Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 Pledge given.

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

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:
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve the Consent Agenda with the exception of item I12. 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 May 15, 2018

 Council approved.

2. Approve the Minutes from the May 15, 2018 City Council 5th Avenue Workshop.

 Council approved.

3. Approve the award of Bid 18-103, Municipal Center Front Plaza and Parking Deck
 Restoration, to Mertes Contracting Corporation for an amount not to exceed $293,758,
 plus a 5% contingency
 Council approved.

4. Approve the award of the Two-Year Extension to Contract 15-187, Cross-Connection
 Control Testing Records Administrator, to Backflow Solutions Inc.

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 Council approved.

5. Approve the award of Bid 18-052, Cast Iron Manhole Covers and Grates, to EJ USA, Inc.
 for an amount not to exceed $118,257
 Council approved.

6. Approve the award of Cooperative Procurement 18-136, Four 2018 Ford F-150 XL
 Pickup Trucks, to Roesch Ford for an amount not to exceed $118,092
 Council approved.

7. Approve the Calendar Year 2019 (CY19) allocations for the City Obligations category of
 the SECA Grant Fund Program in the amount of $1,002,388
 Council approved.

8. Approve the award of Change Order #1 to Contract 17-129, South Central Interceptor
 Sewer Hardening and Protection Engineering Design-Phase II, to Strand Associates for
 an amount not to exceed $42,904 and a total award of $276,224
 Council approved.

9. Approve the City Council meeting schedule for June, July and August 2018

 Council approved.

10. Conduct the first reading of an 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.
 First reading held.

11. Pass the ordinance approving a variance to permit a 6’ tall solid fence in the required
 corner side yard at the subject property located at 2609 Springdale Circle, Naperville -
 PZC 18-1-034
 Council passed.

 Enactment No.: ORD-18-052

12. Pass the ordinance approving a preliminary/final plat of subdivision and owner’s
 acknowledgement & acceptance (OAA) for Center Place Subdivision located at 815
 Center Street and 35 E. 8th Avenue, Naperville PZC 18-1-014
 Jayme Koller spoke against the proposed ordinance.

 Laff clarified that the entire project is by right and no variances are being
 requested. She said that the neighborhood could petition to change zoning
 however 100% of the neighbors would need to consent to the change.


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13. Adopt the resolution approving an amendment and execution of a temporary lease
 agreement with Partners in Performance
 Council adopted.

 Enactment No.: RES 18-08

14. Pass the ordinance establishing temporary traffic controls and issue a Special Event
 Permit and Amplifier Permit for Ribfest 2018
 Council passed.

 Enactment No.: ORD 18-053

15. Approve the firework display application and issue a permit for the July 4th, 2018 display
 at Knoch Park for The Exchange Club of Naperville
 Council approved.

16. Approve the firework display application and issue a permit for the June 30, 2018 display
 at White Eagle Golf Club
 Council approved.

J. PUBLIC HEARINGS:

1. Receive the staff report for Enclave on Book located at east of Book Road and north of
 Hassert Boulevard, PZC 18-1-001 (Item 1 of 7)
 Report received.

2. Conduct the public hearing for Enclave on Book located at 11007 S. Book Road - PZC
 18-1-001 (Item 2 of 7)
 Chirico opened the Public Hearing at 7:11 p.m.



 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to close the Public Hearing at 7:11 p.m. The motion carried by the
 following vote:

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

3. Pass the ordinance authorizing the execution of an annexation agreement for the property
 located at 11007 S. Book Road - PZC 18-1-001 (Item 3 of 7)
 Council passed.

 Enactment No.: ORD 18-055

4. Pass the ordinance annexing certain property located at 11007 S. Book Road - PZC

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 18-1-001 (Item 4 of 7)
 Council passed.

 Enactment No.: ORD 18-056


5. Pass the ordinance rezoning the property located at 11007 S. Book Road to R1 (Low
 Density Single Family Residence District) - PZC 18-1-001 (Item 5 of 7)
 Council passed.

 Enactment No.: ORD 18-057


6. Pass the ordinance approving the preliminary/final plat of subdivision for Enclave on
 Book - PZC 18-1-001 (Item 6 of 7)
 Council passed.

 Enactment No.: ORD 18-058


7. Pass the ordinance approving a variance to Section 6-6L-7 of the Naperville Municipal
 Code for the property located at 11007 S. Book Road - PZC 18-1-001 (Item 7 of 7)
 Council passed.

 Enactment No.: ORD 18-059


K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Conduct the first reading of the ordinance amending Chapter 4 (Animal Control) of Title
 10 (Police Regulations) of the Naperville Municipal Code
 Obarski recused herself due to a conflict of interest and left the dais from 7:16
 p.m. - 8:59 p.m.

 Maya Domiano, Lombard, presented statistics related to puppy mill sales.

 Richard Leviton, Naperville, questioned several provisions in the proposed
 ordinance.

 Gail Diederichsen, Naperville, discussed the value of public opinion on this
 issue.

 Peggy Grandahl, Joliet, spoke against the proposed ordinance.

 Misty McCarty, Naperville, discussed health issues of the dog she purchased
 from a pet store.

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 Colin Dalough, Naperville Area Chamber of Commerce, spoke in support of the
 proposed ordinance.

 Candy Knippenberg, Naperville, spoke against the proposed ordinance.

 Amy Wolf, ADOPT of Naperville, spoke against the proposed ordinance.

 David Wentz, Naperville, spoke against the proposed ordinance.

 John Bernins, Naperville - Happiness is Pets, spoke in favor of the proposed
 ordinance.

 Claude Maurice Bond, Jr., Petland, read a statement from Ed Sayres
 discussing adoption statistics and bans on commercial breeder sales.

 Carl Swanson, Petland, spoke in favor of the proposed ordinance.

 Joe McElroy, Naperville, spoke against the proposed ordinance.

 Patricia Wegner, Naperville, spoke against the proposed ordinance.

 Foley stated the ordinance focuses on the protection of companion animals and
 detailed substantive changes in the current version such as time periods
 animals can make noise outside, animals cannot be subjected to extreme
 temperature conditions, and microchipping regulations. She said fines are
 doubled, a warranty provision has been included for pet store sales, and
 education regarding spay and neutering has been added. She also explained
 how adopting the state law benefits the City.

 Council discussed having the store named as the secondary on the microchip
 registration, the proposed four-year warranty, adopting a humane ordinance,
 and implementing a grace period for pet stores to comply.

 Foley explained while the the ordinance requires that a warranty be provided the
 City will not enforce the warranty provision.

 Council questioned the number of nuisance complaints, the possibility of
 reducing the proposed time to ten minutes, state regulations, the workload and
 schedule of the state inspectors, and having businesses pay all medical
 expenses after purchase. Council also discussed that pet sales are a
 consumer-driven market, that the City is not being inundated with complaints
 regarding Naperville stores and it is unnecessary to materially alter their
 conduct.

 Foley explained the USDA inspects once per year or once every 18 months
 depending on violations. She stated that the goal is compliance and the
 overwhelming majority of facilities are substantially compliant with USDA rules.

 Council discussed the conference call between staff and representatives of the
 USDA and unintended consequences of the Chicago ordinance.

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 A motion was made by Councilman Coyne, seconded by Councilman Krummen,
 to direct staff to revise the ordinance amending Chapter 4 (Animal Control) of
 Title 10 (Police Regulations) of the Naperville Municipal Code to reduce the
 day-time time limit for barking dogs from from 20 minutes to ten minutes, require
 that pet stores must list themselves as a secondary contact on animal microchips,
 clarify that the four-year warranty period is from the birth of the animal, make the
 ordinance effective 30 after passage, clarify the section regarding USDA reports
 to require inspection records to be kept for the period prior to store's possession
 of any animal, revise the warranty section to make pet stores responsible to
 refund up to the purchase of the animal, and direct staff to revisit the appropriate
 temperature related to animals left in vehicles. The motion carried by the
 following vote:

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

 Nay: 1- Anderson

 Recused: 1- Obarski

 A motion in substitution was made by Councilwoman Gustin to direct staff to
 further clarify the warranty section by providing an Option A to refund at the
 purchase price and an Option B to refund medical expenses after purchase. The
 motion failed for lack of a second.

2. Receive the staff report for the Naperville IPT Subdivision (IPT Industrial Building) - PZC
 18-1-025 (Item 1 of 4)
 Report received.

3. Pass the ordinance approving the preliminary/final plat of subdivision for the Naperville
 IPT Subdivision (IPT Industrial Building) - PZC 18-1-025 (Item 2 of 4)
 Council passed.

 Enactment No.: ORD 18-060


4. Adopt the resolution approving an easement agreement with IPT - PZC 18-1-025 (Item 3
 of 4)
 Council adopted.

 Enactment No.: RES 18-09


5. Adopt the resolution approving a purchase and sale agreement with IPT - PZC 18-1-025
 (Item 4 of 4)
 Council adopted.

 Enactment No.: RES 18-10


M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

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1. Approve the award of Change Order #1 to fund years two and three of Contract 17-119,
 Spot Purchases of Single Phase and Three-Phase Transformers, to CG Power Systems
 USA, Inc., Graybar Electric Company, Power Line Supply, RESCO, Universal Utility
 Supply Co, and WESCO for an amount not to exceed $1,520,000 and a total award of
 $2,215,993
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to approve the award. The motion carried by the following vote:

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

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

1. Approve the 2018 City goals

 Krieger explained that the goals will remain in place until Council directs
 otherwise and that the goals will be made public and regularly reviewed. He also
 stated that the goals can be modified or deleted and, at this time, the Council
 has given no authorization outside of the annual budget process to expend
 funds to accomplish the goals.


 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to approve the 2018 CIty goals and revising the two Financial Stability
 goals by replacing "in the next eight years" with "2023." The motion carried by
 the following vote:

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

 Absent: 1- Brodhead

P. NEW BUSINESS:

 Rezoning
 Gustin asked about how the process is initiated.

 Laff explained that rezoning is most often related to a comprehensive plan
 update or as a result of an immediate threat to a designation, however Council
 can initiate a rezoning effort. She said that rezoning is a significant expenditure
 and involves notices, legal descriptions, public hearing, and text amendments.

Q. ADJOURNMENT:


 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to adjourn the Regular City Council Meeting of June 5, 2018 at 9:07 p.m.
 The motion carried by the following vote:

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

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 /S/ Pam Gallahue
 Pam Gallahue, PhD
 City Clerk




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