City Council — Naperville, IL
Date: 2017-08-15

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



 Meeting Agenda

 City Council

Tuesday, August 15, 2017 7:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - 6:15 p.m.

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:

F. AWARDS AND RECOGNITIONS:
1. 17-608 Presentation of a Fire Chief’s Award to Mary McCue, Melissa Lund, and
 Daniel Lund and a special certificate to Kandiss Hernandez, owner of
 Kidz Kabaret.

G. PUBLIC FORUM:

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

I. CONSENT AGENDA:
1. 17-609 Approve 07/05/2017 thru 07/26/2017 Cash Disbursements for
 $27,449,920.14.

2. 17-617 Approve the Regular City Council meeting minutes of July 18, 2017

3. 17-596 Approve the Award of Bid 17-138, North Wastewater Pump Station
 Odor Control, to Dahme Mechanical Industries for an amount not to
 exceed $168,499.99, plus a 5% contingency.

4. 17-581 Approve the Award of the First One-Year Extension to Contract 13-053,
 Fire Alarm System Monitoring and Maintenance, to Chicago Metro Fire
 Prevention Co. (CMFP) in an amount not to exceed $260,000.


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5. 17-541 Approve the Award of Change Order 2 to Contract 16-079, Engineering
 Services for the Downtown Washington Street Bridge Improvements, to
 Alfred Benesch & Company for an amount not to exceed $36,600 and a
 total award of $373,251.07. (Item 1 of 2)

6. 17-542 Adopt the Resolution approving the Local Public Agency Amendment 2
 for Federal Participation with the Illinois Department of Transportation
 for Preliminary Engineering Services of the Downtown Washington
 Street Bridge Improvements (CIP Project: BR031, IDOT Section
 16-200167-00BR). (Item 2 of 2)

7. 17-605 Approve the Award of Change Order #1 to Contract 14-190, Pavement
 Marking, to Precision Pavement Markings, Inc. for an amount not to
 exceed $18,000 and a total award of $128,500.

8. 17-562 Approve the Award of Cooperative Procurement 17-154, Cisco
 SmartNet Maintenance, to CDW-Government for an amount not to
 exceed $187,071.15.
9. 17-625 Approve the City Council Meeting Schedule for September, October &
 November 2017.

10. 17-612 Pass the Ordinance approving the Final Planned Unit Development for
 Uptown Suites Subdivision (PZC 17-1-036), located at 1809 W Diehl
 Road to develop a hotel .

11. 17-616 Pass the Ordinance authorizing the City Manager to execute the North
 Central College Walkway Encroachment License Agreement between
 the City of Naperville and North Central College, PZC #17-1-033.

12. 17-618 Pass the Ordinance repealing Ordinance 97-158 amending Title 9
 (Public Ways and Property), Chapter 1 (Streets and Sidewalks), Section
 17 (Sidewalk Seating Permit) of the Naperville Municipal Code.

13. 17-619 Pass the Ordinance establishing Temporary Traffic Controls and issue a
 Special Events Permit for the 2017 Riverwalk Fine Art Fair on
 September 16-17, 2017.

14. 17-621 Pass the Ordinance to establish Temporary Traffic Controls, issue a
 Special Event Permit and an Amplifier Permit for the 2017 Last Fling,
 Labor Day Parade, the Rooster 5K, the Fling Mile, and the NCAA
 Women’s Triathlon scheduled for September 1-4, 2017.

15. 17-623 Pass the Ordinance Approving the Final Plat of Subdivision, the Owner’s
 Acknowledgement & Acceptance (OAA), and a Deviation to Section
 7-3-5:5 (Dedication of Park Lands and School Sites) for Columbia Park
 Townes Subdivision Located at 26W161 Old Plank Road, PZC
 17-1-061.




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16. 17-587 Pass the Ordinance approving a variance from Section 6-9-2 (Off Street
 Parking Facilities) and Section 6-9-6 (Supplemental Standards for
 Drive-Through Stacking Lanes) of the Naperville Municipal Code for the
 property located at 950 E. Ogden Avenue (Portillo’s) - PZC 17-1-058.

17. 17-588 Pass the Ordinance approving a variance from Section 6-2-12 (Fences)
 of the Naperville Municipal Code in order to construct a 15’ tall fence
 along the western border of Ashwood Park North Unit 4 - PZC 17-1-062.

18. 17-575 Conduct the public hearing regarding property located at 1800 S.
 Washington Street (PZC 17-1-072) to consider a major change to the
 conditional use to grant a variance for the height of a fence . (Item 1 of 2)

19. 17-615 Adopt the Resolution approving the First Amendment to the
 Intergovernmental Agreement between the City of Naperville and the
 Naperville Township Road District to Reconstruct and Widen North
 Aurora Road

20. 17-620 Adopt the Resolution authorizing execution of the Special Census
 Memorandum of Agreement between the City of Naperville and the US
 Census Bureau, to conduct a partial Special Census.

21. 17-627 Adopt the Resolution authorizing the City Manager to enter into a
 license agreement for the installation of small cell antennae and
 ancillary equipment on a City-owned light pole at 1125 E. Gartner Road

J. PUBLIC HEARINGS:

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 17-388 Pass the Ordinance repealing and replacing Chapter 8 (Taxicab
 Services) of Title 3, Business and License Regulations, of the Naperville
 Municipal Code.

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:
1. 17-583 Approve the Award of RFQ 17-036, 5th Avenue Development
 Opportunities, to Ryan Companies US, Inc.

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:
1. 17-624 Receive 2nd Quarter Financial Report




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P. NEW BUSINESS:

Q. ADJOURNMENT:




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



 Meeting Minutes

 City Council


Tuesday, August 15, 2017 7:00 PM Council Chambers


 A. CALL TO ORDER:

 Chirico called the meeting to order at 6:15 p.m.

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

C. CLOSED SESSION - 6:15 p.m.
 Councilwoman Gustin made a motion, seconded by Councilwoman Obarski, to
 recess to Closed Session to discuss 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: 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 Judy Brodhead
 Councilman Kevin Coyne
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilman John Krummen
 Councilwoman Rebecca Obarski
 Councilman Benjamin White




 Also Present
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 City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; Deputy City
 Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis;
 Police Chief, Robert Marshall; Director of Finance, Rachel Mayer; Director of
 Human Resources, James Sheehan; Director of IT, Jeff Anderson; Director of
 TED, Bill Novack; Deputy Director of TED, Allison Laff; Director of Public
 Utilities - Electric, Mark Curran; Deputy Director of Public Utilities - Water, Amy
 Ries; Director of Public Works, Dick Dublinski; Shebnem Ozkaptan, Budget
 and Management Analyst; Kavita Athanikar, Deputy Director of Legal

 Chicago Sun Times, Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:
 The pledge was given.

F. AWARDS AND RECOGNITIONS:

 Council congratulated the Naperville Fire Department on its fifth reaccreditation.

1. Presentation of a Fire Chief’s Award to Mary McCue, Melissa Lund, and Daniel Lund and
 a special certificate to Kandiss Hernandez, owner of Kidz Kabaret.
 The Fire Chief's Award was presented by Jim Kubinski, Bureau Chief-EMS.

G. PUBLIC FORUM:

 Old Nichols Library
 Gail Diedrichsen, Naperville, thanked everyone for attending the
 Save the Old Nichols Library Open House and for hosting an
 upcoming 5th Avenue project workshop.


 Construction on 95th Street
 Doreen Swindall, Naperville, spoke about the road expansion,
 impacts of construction, perceived inequity, safety, and requested
 a noise study and sound wall.


 Diane O’Connor, Naperville, spoke about the road expansion,
 impacts of construction, safety, and requested a noise study and
 sound wall.


 Novack explained the project is being done by Will County and was
 approved by the Federal Highway Administration.


 Roger Gray, Naperville, spoke about the road expansion, impacts of


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 construction on his home, perceived inequity, safety, and
 requested a noise study and sound wall.


 Nicholas Gius, Naperville, spoke about the road expansion, impacts
 of construction, perceived inequity, safety, and requested a noise
 study and sound wall.


 Rosita Gius, Naperville, spoke about the road expansion, impacts of
 construction, and speed limit difference.


 David Lewanski, Naperville, spoke about the road expansion,
 impacts of construction, invited Council to tour the area, and
 requested a noise study and sound wall.


 David Garza, Naperville, spoke about the road expansion, impacts
 of construction, and exhaust fumes.


 Novack gave information regarding where claims can be filed with
 Will County, discussed the public meeting held at the 95th Street
 Library, explained noise study procedures, that additional lanes are
 not being added, and that because the road is being extended by a
 negligible amount it does not warrant a noise study per the Federal
 Highway Administration.


 Council discussed incorporating natural noise barriers, subdivision
 construction, temporary traffic controls, increased police presence,
 resident appeals process, performing a noise study after
 construction, and directed staff to assist as appropriate.


 Miscellaneous
 Dick Furstenau, Naperville, discussed 50% brick facade rule, Old
 Nichols Library, 90% rule, teardowns, and the Carillon.



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


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 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 Councilwoman
 Gustin, to approve the Consent Agenda with the exception of items I5, I6, I7, I9,
 I11, I12, and I20. The motion carried by the following vote:

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

1. Approve 07/05/2017 thru 07/26/2017 Cash Disbursements for $27,449,920.14.
 Council approved.


2. Approve the Regular City Council meeting minutes of July 18, 2017
 Council approved.


3. Approve the Award of Bid 17-138, North Wastewater Pump Station Odor Control, to
 Dahme Mechanical Industries for an amount not to exceed $168,499.99, plus a 5%
 contingency.
 Council approved.


4. Approve the Award of the First One-Year Extension to Contract 13-053, Fire Alarm
 System Monitoring and Maintenance, to Chicago Metro Fire Prevention Co. (CMFP) in
 an amount not to exceed $260,000.
 Council approved.


5. Approve the Award of Change Order 2 to Contract 16-079, Engineering Services for the
 Downtown Washington Street Bridge Improvements, to Alfred Benesch & Company for
 an amount not to exceed $36,600 and a total award of $373,251.07. (Item 1 of 2)


 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, that this agenda item be approved. The motion carried by the following
 vote:

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

 Recused: 1- Krummen


6. Adopt the Resolution approving the Local Public Agency Amendment 2 for Federal
 Participation with the Illinois Department of Transportation for Preliminary Engineering
 Services of the Downtown Washington Street Bridge Improvements (CIP Project: BR031,
 IDOT Section 16-200167-00BR). (Item 2 of 2)
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, that this agenda item be adopted. The motion carried by the following

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 vote:

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

 Recused: 1- Krummen

 Enactment No: RES 17-32


7. Approve the Award of Change Order #1 to Contract 14-190, Pavement Marking, to
 Precision Pavement Markings, Inc. for an amount not to exceed $18,000 and a total
 award of $128,500.
 Councilwoman Anderson made a motion, seconded by Councilman Hinterlong,
 to approve the item as amended to read, "Award of Change Order #2 to Contract
 14-190, Pavement Marking, to Precision Pavement Markings, Inc. for an amount
 not to exceed $18,000 and a total award of $133,500." The motion carried by the
 following vote:

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

8. Approve the Award of Cooperative Procurement 17-154, Cisco SmartNet Maintenance,
 to CDW-Government for an amount not to exceed $187,071.15.
 Council approved.


9. Approve the City Council Meeting Schedule for September, October & November 2017.

 A motion was made by Councilwoman Anderson, seconded by Councilman
 Hinterlong, that this agenda item be approved as amended to include a 5th
 Avenue Project and Home Rule Sales Tax workshop on August 28, 2017 at 6:00
 p.m. The motion carried by the following vote:

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

10. Pass the Ordinance approving the Final Planned Unit Development for Uptown Suites
 Subdivision (PZC 17-1-036), located at 1809 W Diehl Road to develop a hotel .


 This Ordinance was passed.

 Enactment No: ORD 17-119


11. Pass the Ordinance authorizing the City Manager to execute the North Central College
 Walkway Encroachment License Agreement between the City of Naperville and North
 Central College, PZC #17-1-033.


 This Ordinance was passed.

 Enactment No: ORD 17-126


12. Pass the Ordinance repealing Ordinance 97-158 amending Title 9 (Public Ways and
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 Property), Chapter 1 (Streets and Sidewalks), Section 17 (Sidewalk Seating Permit) of
 the Naperville Municipal Code.
 Council discussed sidewalk width, Commision and task force review, and the
 one-year sunset provision.

 Athanikar explained this item repeals an existing Ordinance that is now captured
 in the new outdoor seating provisions approved by Council in July.




 Councilwoman Gustin made a motion, seconded by Councilman Hinterlong, to
 pass the Ordinance. The motion carried by the following vote:

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

 Enactment No: ORD 17-127


13. Pass the Ordinance establishing Temporary Traffic Controls and issue a Special Events
 Permit for the 2017 Riverwalk Fine Art Fair on September 16-17, 2017.


 This Ordinance was passed.

 Enactment No: ORD 17-120


14. Pass the Ordinance to establish Temporary Traffic Controls, issue a Special Event
 Permit and an Amplifier Permit for the 2017 Last Fling, Labor Day Parade, the Rooster
 5K, the Fling Mile, and the NCAA Women’s Triathlon scheduled for September 1-4,
 2017.


 This Ordinance was passed.

 Enactment No: ORD 17-121


15. Pass the Ordinance Approving the Final Plat of Subdivision, the Owner’s
 Acknowledgement & Acceptance (OAA), and a Deviation to Section 7-3-5:5 (Dedication
 of Park Lands and School Sites) for Columbia Park Townes Subdivision Located at
 26W161 Old Plank Road, PZC 17-1-061.


 This Ordinance was passed.

 Enactment No: ORD 17-122


16. Pass the Ordinance approving a variance from Section 6-9-2 (Off Street Parking
 Facilities) and Section 6-9-6 (Supplemental Standards for Drive-Through Stacking
 Lanes) of the Naperville Municipal Code for the property located at 950 E. Ogden Avenue
 (Portillo’s) - PZC 17-1-058.

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 This Ordinance was passed.

 Enactment No: ORD 17-123


17. Pass the Ordinance approving a variance from Section 6-2-12 (Fences) of the Naperville
 Municipal Code in order to construct a 15’ tall fence along the western border of Ashwood
 Park North Unit 4 - PZC 17-1-062.
 This Ordinance was passed.

 Enactment No: ORD 17-124


18. Pass the Ordinance Approving a Major Change to the Conditional Use to Grant a
 Variance for the Height and Style of a Fence on Property Located at 1800 S. Washington
 Street, PZC 17-1-072.
 This Ordinance was passed.

 Enactment No: ORD 17-125


19. Adopt the Resolution approving the First Amendment to the Intergovernmental Agreement
 between the City of Naperville and the Naperville Township Road District to Reconstruct
 and Widen North Aurora Road
 This Resolution was adopted.

 Enactment No: RES 17-30


20. Adopt the Resolution authorizing execution of the Special Census Memorandum of
 Agreement between the City of Naperville and the US Census Bureau, to conduct a
 partial Special Census.
 Dave Wentz, Naperville, spoke in favor of the Resolution.

 This Resolution was adopted.

 Enactment No: RES 17-33


21. Adopt the Resolution authorizing the City Manager to enter into a license agreement for
 the installation of small cell antennae and ancillary equipment on a City-owned light pole
 at 1125 E. Gartner Road


 This Resolution was adopted.

 Enactment No: RES 17-31

J. PUBLIC HEARINGS:

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

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1. Pass the Ordinance repealing and replacing Chapter 8 (Taxicab Services) of Title 3,
 Business and License Regulations, of the Naperville Municipal Code.
 Jay Kleeman, American Taxi Dispatch, stated he was available for questions.

 Council discussed the difference between taxis and ride share programs,
 appropriateness of removing the Ordinance, adhering to the minimum
 regulations outlined by the State of Illinois, efforts to become more efficient,
 government oversight, number of drivers eliminated through fingerprint checks,
 resident safety, process improvement, and other municipalities reducing taxi
 regulations.

 Athanikar explained the minimum requirements provided by the State of Illinois,
 the difference between background and fingerprint checks, and that the NPD
 surveyed it's Benchmark Cities group and found no data to support or contradict
 that the elimination of the fingerprint requirement impacts reported crimes.

 Marshall stated that in ten years, six taxi applicants were eliminated through the
 fingerprint check process.

 Ozkaptan explained how Evanston recently reduced taxi regulations to the state
 minimum.
 A motion was made by Councilman Krummen, seconded by Councilman Coyne,
 that this agenda item be passed as amended to repeal the current Ordinance and
 replace with regulations as outlined by the State of Illinois. The motion failed by
 the following vote:

 Aye: 3- Chirico, Coyne, and Krummen

 Nay: 6- Anderson, Brodhead, Gustin, Hinterlong, Obarski, and White

 Enactment No: ORD 17-128

 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, that this agenda item be passed as written. The motion carried by the
 following vote:

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

 Enactment No: ORD 17-128

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

1. Approve the Award of RFQ 17-036, 5th Avenue Development Opportunities, to Ryan
 Companies US, Inc.
 Schatz gave a brief presentation and detailed that the primary purpose of the
 Request for Qualifications (RFQ) was to identify qualified development teams to
 partner with the City on visioning and redevelopment of the City-owned parcels
 in the vicinity of the downtown train station. She discussed the selection
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 committee members, scoring criteria, and the developer being recommended
 for award.

 Chirico thanked the selection committee and explained that Council was
 purposely excluded from the process to maintain integrity and avoid the
 appearance of impropriety.

 Council discussed the review and selection process, lack of desired
 transparency, the City's procurement process, the need for confidentiality, the
 importance of public involvement, and the selection committee.

 Bev Friar, spoke in favor of the RFQ process, discussed affordable housing,
 and presented the need for a performing arts facility.

 Tom Higgins, spoke against the RFQ process.

 Cathy Valente, spoke against the RFQ process.

 Dominic Nugent, requested a stormwater solution be incorporated into the 5th
 Avenue plan.

 Gail Diedrichsen, spoke against the inclusion of a performing arts facility in the
 5th Avenue plan.

 Council discussed the upcoming workshop, the proposal, the possibility of
 doing another RFQ, how the workshop will be structured, and the plan for
 resident input.

 Schatz responded that another RFQ could be released after the August 28
 workshop if additional proposals are requested. She explained that the
 workshop is intended to be a forum for information sharing and that events after
 the workshop regarding public engagement have not been developed at this
 time. She said that Ryan Companies has ideas on a variety methods to
 facilitate participation, and will take the lead on facilitating public engagement.

 Krieger stated that the award can be postponed if Council needs more time to
 make a decision after the workshop.



 Councilman Hinterlong made a motion, seconded by Councilwoman Brodhead,
 to table the item to the September 5, 2017 City Council meeting. The motion
 carried by the following vote:

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




 The meeting went into recess at 9:26 p.m.

 Chirico called the meeting back to order at 9:35 p.m.


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N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

1. Receive 2nd Quarter Financial Report

 Mayer gave a brief presentation discussing six-month highlights, significant
 events, overall performance, and a look ahead.

P. NEW BUSINESS:

 East Ogden
 Coyne requested an update on the East Ogden SSA.

 Novack explained that staff has been researching streetscape options and
 would like to host a public Open House in the fall to present the ideas and
 discuss funding options.

 By consensus Council directed staff to present a report within 30 days which
 provides an overview of the Open House.

 Pet Ordinance
 Coyne discussed recent case law addressing humane treatment of animals
 and requested the City draft an Ordinance.

 By consensus Council directed staff to research current laws and other
 municipal regulations and present an Ordinance regarding the humane
 treatment of animals.

 Finance Presentation
 Hinterlong requested the PowerPoint be emailed to the Council.

 Tree Value
 Gustin requested an update on any adjustment to the charges incurred by
 developers when trees are removed.

 Novack responded that the City follows arborists regulations relative to the
 City's purchase price, stated that fees are appropriate, and will share the report
 with Council.



Q. ADJOURNMENT:
 Councilman Hinterlong made a motion, seconded by Councilwoman Gustin, to
 adjourn the Regular City Council meeting of August 15, 2017 at 10:00 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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