City Council — Naperville, IL
Date: 2020-02-04

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



 Meeting Agenda

 City Council

Tuesday, February 4, 2020 7:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - 6:45 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. 20-142 Approve the regular City Council meeting minutes of January 21, 2020

2. 20-149 Approve the City Council meeting schedule for February, March and April
 2020

3. 19-1262 Approve the award of RFP 19-258, Landscape Design and Planting, to
 Christy Webber and Company for an amount not to exceed $348,510 and
 for a two-year term
4. 20-031 Approve the award of Bid 19-325, Bridge and Retaining Wall Railing
 Maintenance, to Northern Contracting, Inc. for an amount not to exceed
 $102,778, plus a 5% contingency
5. 20-044 Approve the award of Cooperative Procurement 20-045, Unit 332
 Ambulance Replacement, to Foster Coach for an amount not to exceed
 $261,800


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6. 20-045 Approve the award of Sole Source Procurement 20-046, Navistar Parts
 and Repairs, to Rush Truck Centers for an amount not to exceed $160,000
 and for a one-year term

7. 20-037 Approve the award of Sole Source Procurement 20-044, Bearcat Armored
 Rescue Vehicle, to Lenco for an amount not to exceed $320,000

8. 20-059 Approve the award of Bid 19-013, Job Order Contracting Services, to
 Robe, Inc. for an amount not to exceed $3,000,000 and for a two-year term

9. 20-078 Approve the award of Cooperative Procurement 20-064, Trackless MT7
 Leaf Loader, to EJ Equipment for an amount not to exceed $182,778.45

10. 20-096 Approve the award of Cooperative Procurement 20-069, Unit 829
 Equipment Replacement, to Exprolink for an amount not to exceed
 $115,619
11. 20-099 Approve the award of Option Year One to Contract 18-025, Motor Fuel, to
 Luke Oil for an amount not to exceed $1,000,000
12. 20-100 Approve the award of Option Year One to Contract 18-024, Generator
 Maintenance Services, to Interstate Power Systems, Inc. for an amount not
 to exceed $120,000
13. 20-112 Approve the award of Bid 20-002, 2020 Distribution System Leak
 Detection Survey Program, to ADS LLC for an amount not to exceed
 $492,558 and for a three-year term
14. 20-012 Approve the award of Change Order #2 to Contract 17-208, Traffic Signal
 Maintenance and Combination Street Lighting Maintenance, to Meade
 Electric for an amount not to exceed $9,282.84 and a total award of
 $530,708.11

15. 20-106 Approve the award of Change Order #3 to Contract 16-259, Actuarial
 Services, to Foster & Foster Inc. for an amount not to exceed $5,000 and a
 total award of $115,682

16. 19-1247 Waive the first reading and pass the ordinance establishing a 35 MPH
 speed limit for 91st Street between Normantown Road and Schoger Drive
 (Requires six positive votes)

17. 20-115 Pass the ordinance to establish temporary traffic controls and issue
 Special Event and Amplifier permits for the St. Paddy’s Day 5K and the St.
 Patrick’s Day Parade on Saturday, March 14, 2020

18. 20-139 Adopt the resolution authorizing a workers’ compensation settlement with
 Mike Hull in the amount of $61,040.25




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19. 20-140 Adopt the resolution authorizing a workers’ compensation settlement with
 John Stefanik in the amount of $59,298.00

20. 20-143 Adopt the resolution approving and authorizing the execution of the
 settlement agreement between Frances Reitz and the City of Naperville

J. PUBLIC HEARINGS:

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 20-141 Consider two options for an amendment to the City’s municipal code
 pertaining to the local sale of dogs and cats and consider passing either
 the Option “A” ordinance or the Option “B” ordinance amending the
 Naperville Municipal Code.

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:
1. 20-116 Concur with the SECA Commission recommendation and approve the
 Calendar Year 2020 SECA Grant Fund Program allocations

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, February 4, 2020 7:00 PM Council Chambers


A. CALL TO ORDER:

 Chirico called the meeting to order at 6:45 p.m.

B. ROLL CALL:
 Present: 8- Mayor Steve Chirico
 Councilwoman Judith Brodhead
 Councilman Kevin Coyne
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilman Patrick Kelly
 Councilwoman Theresa Sullivan
 Councilman Benjamin White
 Absent: 1- Councilman John Krummen


C. CLOSED SESSION - 6:45 p.m.
 A motion was made by Councilwoman Gustin, seconded by Councilman
 Hinterlong, to recess to Closed Session to discuss 120/2(c)(5) Purchase of Property
 and 120/2(c)(21) Approval of Minutes. The motion carried by the following vote:

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

 Absent: 1- Krummen

OPEN SESSION - 7:00 p.m.

 Chirico called the meeting to order at 7:00 p.m.
 Present: 9- Mayor Steve Chirico
 Councilwoman Judith Brodhead
 Councilman Kevin Coyne
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilman Patrick Kelly
 Councilman John Krummen
 Councilwoman Theresa Sullivan
 Councilman Benjamin White

D. ROLL CALL:




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City Council Meeting Minutes February 4, 2020

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




 Also Present
 City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; City
 Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Deputy Fire Chief, Amy
 Scheller; Police Chief, Robert Marshall; Director of Finance, Rachel Mayer;
 Director of TED, Bill Novack; Deputy Director of TED, Jennifer Louden; Deputy
 Director of TED, Allison Laff; Director of Public Utilities - Water, Darrell
 Blenniss, Jr.; Director of Public Works, Dick Dublinski; Senior Assistant City
 Attorney, Kristen Foley

 Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 The pledge was given.

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

 Cannabis sales in Naperville
 Michael Gresh (Opt Out Naperville) spoke against allowing adult-use
 recreational cannabis sales in Naperville.

 Naper Pride
 Dawn DeSart (Naper Pride) thanked the City Council for welcoming and
 supporting the inaugural pride event.

 Naper Pride
 Eva-Genevieve Scarborough (Naper Pride) thanked the City Council for
 welcoming and supporting the inaugural pride event.

 Public Art
 Dick Galitz suggested that a portion of new development costs be set aside for
 funding public art.

 North Columbia Street
 Brad Young discussed the need for road and sidewalk improvement.

 Novack explained that improvements are scheduled in the 2021 Capital

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 Improvement Plan.

 Naper Pride
 Anne Dempsey thanked the City Council for welcoming and supporting the
 inaugural pride event.


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

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

I. CONSENT AGENDA:

Approval of the Consent Agenda

 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve the Consent Agenda. The motion carried by the following
 vote:

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


1. Approve the regular City Council meeting minutes of January 21, 2020
 Council approved.


2. Approve the City Council meeting schedule for February, March and April 2020
 Council approved.


3. Approve the award of RFP 19-258, Landscape Design and Planting, to Christy Webber
 and Company for an amount not to exceed $348,510 and for a two-year term
 Council approved.


4. Approve the award of Bid 19-325, Bridge and Retaining Wall Railing Maintenance, to
 Northern Contracting, Inc. for an amount not to exceed $102,778, plus a 5% contingency
 Council approved.


5. Approve the award of Cooperative Procurement 20-045, Unit 332 Ambulance
 Replacement, to Foster Coach for an amount not to exceed $261,800
 Council approved.


6. Approve the award of Sole Source Procurement 20-046, Navistar Parts and Repairs, to
 Rush Truck Centers for an amount not to exceed $160,000 and for a one-year term
 Council approved.


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7. Approve the award of Sole Source Procurement 20-044, Bearcat Armored Rescue
 Vehicle, to Lenco for an amount not to exceed $320,000
 Council approved.


8. Approve the award of Bid 19-013, Job Order Contracting Services, to Robe, Inc. for an
 amount not to exceed $3,000,000 and for a two-year term
 Council approved.


9. Approve the award of Cooperative Procurement 20-064, Trackless MT7 Leaf Loader, to
 EJ Equipment for an amount not to exceed $182,778.45
 Council approved.


10. Approve the award of Cooperative Procurement 20-069, Unit 829 Equipment
 Replacement, to Exprolink for an amount not to exceed $115,619
 Council approved.


11. Approve the award of Option Year One to Contract 18-025, Motor Fuel, to Luke Oil for an
 amount not to exceed $1,000,000
 Council approved.


12. Approve the award of Option Year One to Contract 18-024, Generator Maintenance
 Services, to Interstate Power Systems, Inc. for an amount not to exceed $120,000
 Council approved.


13. Approve the award of Bid 20-002, 2020 Distribution System Leak Detection Survey
 Program, to ADS LLC for an amount not to exceed $492,558 and for a three-year term
 Council approved.


14. Approve the award of Change Order #2 to Contract 17-208, Traffic Signal Maintenance
 and Combination Street Lighting Maintenance, to Meade Electric for an amount not to
 exceed $9,282.84 and a total award of $530,708.11
 Council approved.


15. Approve the award of Change Order #3 to Contract 16-259, Actuarial Services, to Foster
 & Foster Inc. for an amount not to exceed $5,000 and a total award of $115,682
 Council approved.


16. Waive the first reading and pass the ordinance establishing a 35 MPH speed limit for
 91st Street between Normantown Road and Schoger Drive (Requires six positive votes)
 Enactment No.: ORD 20-008

 Council passed.


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17. Pass the ordinance to establish temporary traffic controls and issue Special Event and
 Amplifier permits for the St. Paddy’s Day 5K and the St. Patrick’s Day Parade on
 Saturday, March 14, 2020
 Enactment No.: ORD 20-009

 Council passed.


18. Adopt the resolution authorizing a workers’ compensation settlement with Mike Hull in the
 amount of $61,040.25
 Enactment No.: RES 20-03

 Council adopted.


19. Adopt the resolution authorizing a workers’ compensation settlement with John Stefanik
 in the amount of $59,298.00
 Enactment No.: RES 20-04

 Council adopted.


20. Adopt the resolution approving and authorizing the execution of the settlement agreement
 between Frances Reitz and the City of Naperville
 Enactment No.: RES 20-05

 Council adopted.

J. PUBLIC HEARINGS:

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Consider two options for an amendment to the City’s municipal code pertaining to the
 local sale of dogs and cats and consider passing either the Option “A” ordinance or the
 Option “B” ordinance amending the Naperville Municipal Code.
 A motion was made by Councilman Coyne, seconded by Councilman
 Krummen, to moved to move O1 to before L1. The motion failed failed by
 the following vote:

 Aye: 4 - Chirico, Coyne, Hinterlong, Krummen
 Nay: 5 - Brodhead, Gustin, Kelly, Sullivan, White

 Schatz explained the online speaker sign-up process.

 Council discussed online speaker sign-up rules, the length of meetings, and
 that residents have complained about the late meetings.

 By consensus Council directed staff to present recommendations on how to
 reduce the length of meetings.
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 James Laures spoke in favor of Option A.
 Nancy Laures spoke in favor of Option A.
 Raquel Melendez spoke in favor of Option A.
 Nikki Ormsby spoke in favor of Option A.
 Misty McCarty, Petitioner, spoke in favor of Option A.
 Dianne Arp spoke in favor of Option A.
 Joe McElroy spoke in favor of Option A.
 Kevin McCarty spoke in favor of Option A.
 Dee Santucci spoke in favor of Option A.
 Jeff Nicholson spoke in favor of Option A.
 Gail Diedricksen spoke in favor of Option A.
 Kathi DeArmas spoke in favor of Option A.
 Mary Edwards spoke in favor of Option A.
 Jayme Koller spoke in favor of Option A.
 Kerin Smith, on behalf of Commissioner Hart, spoke in favor of Option A.
 Jon Berning discussed buying/selling/return processes and financing options of
 pet stores.
 Marc Ayers spoke in favor of Option A.
 Dawn DeSart spoke in favor of Option A.
 Laura Gruszka spoke in favor of Option A.
 Sherri Oslick spoke in favor of Option A.
 Ymoni Johnson spoke against Option A.
 Ryan Hamel spoke against Option A, asked Council to wait for the state of
 Illinois to pass the proposed law, and explained big box pet store business
 models.
 Carl Swanson spoke against Option A and asked Council to wait for the state of
 Illinois to pass the proposed law.

 Additional list of speakers is attached.

 The meeting recessed from from 8:50 p.m. - 8:58 p.m.

 Council discussed the law being considered at the state level, City values,
 DuPage County efforts to ban puppy mills, documentation provided by the
 USDA regarding breeders, warranty policies, the appropriateness of closing a
 business without direct proof of sick pets, and the number of organizations that
 have contacted Council in support of Option A.

 Council continued to discuss whether Option A protects animals and stops the
 proliferation of puppy mills, if passing Option A would make the situation worse,
 and whether operating in a wholly unregulated environment is any better than
 selling in a non-perfect but somewhat regulated environment.

 Foley explained that Option A only regulates the pet store source and would
 require pet stores to publicly disclose where the dogs are purchased from.

 Council discussed financing practices, the recently released Purdue study, data
 on commercial breeders, whether the Chicago humane ordinance has had the
 desired effect, that online sales is a problem in the Chicago area, there is no
 regulation for online sales, that people set up fake rescue organizations to

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 circumvent USDA rules, and that pet stores have an immaterial part of the
 breeding market.

 Enactment No.: ORD 20-010
 A motion was made by Councilwoman Gustin, seconded by Councilwoman
 Sullivan, to pass an ordinance prohibiting local pet stores from selling dogs and
 cats sourced from commercial breeders and allowing the sale of dogs and cats
 sourced from humane and rescue groups effective January 1, 2021.

 A motion in substitution was made by Councilman White, seconded by
 Councilman Coyne, to table indefinitely. The motion failed by the following vote:

 Aye: 3- Chirico, Coyne, and White

 Nay: 6- Brodhead, Gustin, Hinterlong, Kelly, Krummen, and Sullivan

 Roll call on main motion. The motion carried by the following vote:

 Aye: 5- Brodhead, Gustin, Hinterlong, Kelly, and Sullivan

 Nay: 4- Chirico, Coyne, Krummen, and White

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

1. Concur with the SECA Commission recommendation and approve the Calendar Year
 2020 SECA Grant Fund Program allocations
 Melvin Kim, SECA Commission Chair, acknowledged outgoing Commissioners
 Grimes and McQuillan, discussed the annual application review and approval
 process, and thanked staff and the Council liaison for their support.

 Marianne Lisson Kuhn spoke in support of public art.

 Ron Keller spoke in support of public art.

 Karen Peck spoke about the League of Women Voters' One Hundred Years
 Strong event.

 Gail Diedrichsen spoke about the humane sculpture on the Riverwalk.

 W. Brand Bobosky (Century Walk Corporation) spoke in favor of Century Walk
 and the impact of free art.

 Council discussed the SECA application and allocation process, the role of the
 SECA Commission, that the Naperville Fire Department and Century Walk have
 partnered to create the Fireman's Memorial project, how the CY19 SECA Grant
 Fund underspend may be allocated, and the future of public art in Naperville.

 Council disclosed memberships in such organizations as Loaves and Fishes,

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 West Suburban Irish, North Central College, League of Women Voters, ALIVE
 Center, Naperville Responds, and Naperville Jaycees and confirmed that they
 have no financial interest in the proposed events and initiatives.
 A motion was made by Councilman Hinterlong, seconded by Councilman Coyne,
 to concur with the SECA Commission recommendation and approve the Calendar
 Year 2020 SECA Grant Fund Program allocations and award up to $50,000 from
 the Calendar Year 2019 underspend amount to Century Walk for the Fireman's
 Memorial project. The motion carried by the following vote:

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

P. NEW BUSINESS:

 Cannabis Tax
 Chirico discussed directing staff to bring back legislation authorizing the City to
 register with the state to tax 3% on cannabis sales in the event Naperville
 becomes an opt-in municipality in the future.

 Council stated that the matter is on the March 17 ballot, zoning can be a long
 process, staff can draft a resolution after the outcome of the election, and that
 Council can hold a special meeting the week of March 23.

 Krieger explained that a special meeting the week of March 23 will require
 Council to waive the first reading in order to meet the state's filing deadline.

 Public Art
 Sullivan and Gustin discussed the future of public art.

 By consensus Council directed staff to discuss the future of public art with the
 SECA Commission, Century Walk, community members, and others and to
 bring back recommendations for developing a public art strategic plan.

 Parking at the Downtown Train Station
 Coyne discussed the number of unused parking spaces and asked that staff's
 recommendation to address this issue be presented soon.

 Air BnB
 Hinterlong asked about regulations on rentals.

 Krieger explained that properties need to comply with boarding house/boarding
 room codes and that Council did take action to apply taxes to VRBO's.

 By consensus, Council directed staff to bring back options for temporary rental
 regulations.


Q. ADJOURNMENT:
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to adjourn the Regular City Council Meeting of February 4, 2020 at 10:45 p.m. The
 motion carried by the following vote:



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




 /S/ Pam Gallahue
 Pam Gallahue, PhD
 City Clerk




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