City Council — Naperville, IL
Date: 2017-12-05

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



 Meeting Agenda

 City Council

Tuesday, December 5, 2017 7:00 PM Council Chambers




A. CALL TO ORDER:

B. ROLL CALL:

C. CLOSED SESSION - 5:30 p.m.

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

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

I. CONSENT AGENDA:
1. 17-892 Approve the Regular City Council Meeting Minutes of November 21, 2017.

2. 17-880 Approve the CY18 SECA Grant Fund Workshop Minutes of November 21,
 2017.

3. 17-847 Approve the Award of Change Order #1 to Contract 16-118, Tree
 Trimming, Tree Removal and Disposal of Debris, to Asplundh Tree
 Experts Company in an amount not to exceed $50,000 and a total award of
 $621,000 and for an additional 90 days.

4. 17-838 Approve the Award of Bid 17-148, 2017 Sanitary Sewer Manhole Upper
 Structure Rehabilitation, to Performance Pipelining, Inc. for an amount not
 to exceed $354,500, plus a 5% contingency.




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5. 17-852 Approve the Award of Bid 17-191, Southeast Water Works Booster Pump
 Upgrades, to Brieser Construction for an amount not to exceed $313,700,
 plus a 5% contingency.

6. 17-863 Approve the Award of Job Order Contracts for Security Camera Network
 Wiring to F. H. Paschen for the amount not to exceed $185,767.27.

7. 17-884 Accept the Public Storm Sewer Improvements at Charleston Reserve and
 authorize the City Clerk to reduce the corresponding public improvement
 surety.

8. 17-877 Approve the City Council meeting schedule for December 2017, January,
 February & March 2018.

9. 17-811B Receive the staff report for Metro West (PZC 17-1-092) located at 1911
 Continental Avenue (Item 1 of 3).

10. 17-871 Pass the Ordinance approving a major change to the Railway Plaza
 Commercial PUD for the Final PUD for Railway Plaza Commercial
 Resubdivision of Lot 1, and a deviation to the minimum lot area for Metro
 West (PZC 17-1-092) located at 1911 Continental Avenue (Item 2 of 3).

11. 17-872 Pass the Ordinance approving the Preliminary/Final Plat of Subdivision
 and deviations to Municipal Code Section 7-3-5 for Railway Plaza
 Commercial Resubdivision of Lot 1 located at 1911 Continental Avenue,
 PZC 17-1-092 (Item 3 of 3).

12. 17-874 Waive the First Reading and Pass the Ordinance Amending Chapter 11
 (Sister Cities Commission) of Title 2 (Boards and Commissions) of the
 Naperville Municipal Code (6 positive votes required)

J. PUBLIC HEARINGS:
1. 17-886 Conduct the Public Hearing for the Calendar Year 2018 Annual Operating
 Budget (Item 1 of 2)
2. 17-868 Pass the ordinance adopting the Calendar Year 2018 Annual Budget in the
 amount of $443,643,800 (Item 2 of 2)

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:
1. 17-876 Select either Option A or Option B and Pass the corresponding Ordinance
 Amending Chapter 4 (Animal Control) of Title 10 (Police Regulations) of
 the Naperville Municipal Code




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2. 17-902 Waive the first reading and pass the Ordinance amending Title 8, Chapter
 2, Article C, Section 3, and Section 5 of the Municipal Code - Water User
 Charges, Wastewater Service User Charges and Wastewater Quality
 Surcharges. (Requires six positive votes)

3. 17-891 Adopt the Resolution Urging the Governor to Veto Senate Bill 1451 (Small
 Cell Wireless Bill)

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:
1. 17-480 Approve the Award of RFP 17-056, Cityworks Upgrade and Enhancement
 Project, to Power Engineers, Inc. for an amount not to exceed
 $1,295,106.66.

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

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, December 5, 2017 7:00 PM Council Chambers


A. CALL TO ORDER:

 Chirico called the meeting to order at 5:30 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 - 5:30 p.m.
 A motion was made by Councilwoman Obarski, seconded by Councilwoman
 Gustin, to recess to Closed Session to discuss 120/2(c)(6) Sale of Property 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 7:07 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
 City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; Deputy City
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City Council Meeting Minutes December 5, 2017

 Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis;
 Police Chief, Robert Marshall; Finance Support Services Supervisor, Erik
 Hallgren; Director of Human Resources, James Sheehan; Director of IT, Jeff
 Anderson; Director of TED, Bill Novack; Deputy Director of TED, Jennifer
 Louden; Deputy Director of TED, Allison Laff; Director of Public Utilities -
 Electric, Mark Curran; Director of Public Utilities - Water, Jim Holzapfel; Director
 of Public Works, Dick Dublinski; Senior Assistant City Attorney, Kristen Foley

 Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:
 Pledge given.

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

 95th St. Project
 Doreen Swindall discussed funding that was allocated for a sound wall and the
 noise resulting from the construction.

 95th St. Project
 Diane O’Connor discussed her home's proximity to 95th Street, truck traffic,
 and sound walls in area subdivisions.

 Novack explained that a sound wall was not recommend west of
 Naperville/Plainfield Road, that a guardrail has been approved to be lengthened
 as part of the construction project. He also discussed truck traffic, designated
 truck routes, and traffic mitigation efforts in other areas of the city.


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:

 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, Anderson, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Obarski,
 and White


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 1. Approve the Regular City Council Meeting Minutes of November 21, 2017.
 Council approved.


 2. Approve the CY18 SECA Grant Fund Workshop Minutes of November 21, 2017.
 Council approved.


 3. Approve the Award of Change Order #1 to Contract 16-118, Tree Trimming, Tree
 Removal and Disposal of Debris, to Asplundh Tree Experts Company in an amount
 not to exceed $50,000 and a total award of $621,000 and for an additional 90 days.
 Council approved.


 4. Approve the Award of Bid 17-148, 2017 Sanitary Sewer Manhole Upper Structure
 Rehabilitation, to Performance Pipelining, Inc. for an amount not to exceed $354,500,
 plus a 5% contingency.
 Council approved.


 5. Approve the Award of Bid 17-191, Southeast Water Works Booster Pump Upgrades,
 to Brieser Construction for an amount not to exceed $313,700, plus a 5%
 contingency.
 Council approved.


 6. Approve the Award of Job Order Contracts for Security Camera Network Wiring to F.
 H. Paschen for the amount not to exceed $185,767.27.
 Council approved.


 7. Accept the Public Storm Sewer Improvements at Charleston Reserve and authorize
 the City Clerk to reduce the corresponding public improvement surety.
 Council approved.


 8. Approve the City Council meeting schedule for December 2017, January, February &
 March 2018.
 Council approved.


 9. Receive the staff report for Metro West (PZC 17-1-092) located at 1911 Continental
 Avenue (Item 1 of 3).
 Council passed.


 10. Pass the Ordinance approving a major change to the Railway Plaza Commercial
 PUD for the Final PUD for Railway Plaza Commercial Resubdivision of Lot 1, and a
 deviation to the minimum lot area for Metro West (PZC 17-1-092) located at 1911
 Continental Avenue (Item 2 of 3).
 Enactment No: ORD 17-163

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 Council passed.


 11. Pass the Ordinance approving the Preliminary/Final Plat of Subdivision and
 deviations to Municipal Code Section 7-3-5 for Railway Plaza Commercial
 Resubdivision of Lot 1 located at 1911 Continental Avenue, PZC 17-1-092 (Item 3 of
 3).
 Enactment No: ORD 17-164

 Council passed.


 12. Waive the First Reading and Pass the Ordinance Amending Chapter 11 (Sister Cities
 Commission) of Title 2 (Boards and Commissions) of the Naperville Municipal Code
 (6 positive votes required)
 Enactment No: ORD 17-165

 Council passed.

J. PUBLIC HEARINGS:

1. Conduct the Public Hearing for the Calendar Year 2018 Annual Operating Budget (Item 1
 of 2)
 Chirico opened the Public Hearing at 7:28 p.m.

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Obarski, to close the Public Hearing at 7:28 p.m. The motion carried by the
 following vote:

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

2. Pass the ordinance adopting the Calendar Year 2018 Annual Budget in the amount of
 $443,643,800 (Item 2 of 2)
 Council discussed possibly tabling the vote and taking more time to find
 additional efficiencies.

 Krieger explained that after the budget is passed the Council will have four
 months to research efficiencies and implement a final tax levy in March.

 Council discussed revenue from the HRST, garbage tax, and ambulance fee in
 addition to the utility increase and the delay of capital projects.

 Hallgren explained that the budget must be approved prior to the tax levy, that
 the levy is due to the county the last week of December, and that approval of the
 budget and passage of the levy cannot be done on the same night but a special
 meeting can be scheduled.

 Krieger explained the budget challenges, that the budget is scrutinized
 year-round, and that there was a conscience decision to increase funding for
 services based on the most recent citizen survey.

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 Council discussed meeting logistics, financial principles, that the budget has not
 been structurally balanced for years, pension cost increases, debt service
 increase, the city's performance on the citizen survey, and that if services are
 cut the residents may feel the city is not delivering the level of service they
 expect.

 Council also discussed the need to find opportunities to raise revenue, that
 property taxes have decreased over the years, that staff should do true strategic
 reviews of the budget, prioritize services and reductions, and look for
 efficiencies.

 Enactment No: ORD 17-166
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 White, that this agenda item be passed as amended to include direction to staff
 to continue the project of looking for efficiencies and leaner government and to
 report back to Council at the January 16, 2018 meeting. The motion carried by
 the following vote:

 Aye: 5- Chirico, Anderson, Brodhead, Obarski, and White

 Nay: 4- Coyne, Gustin, Hinterlong, and Krummen

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Select either Option A or Option B and Pass the corresponding 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
 7:51 p.m. - 10:42 p.m.

 A motion was made by Councilman Krummen, seconded by
 Councilwoman Gustin, to extend the public forum portion of the agenda
 item to 90 minutes. The motion carried by the following vote:

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

 Recused: 1 - Obarski

 Nicki Anderson, Naperville Area Chamber of Commerce, spoke in favor of
 the proposed ordinance.

 Jackie Freeman, spoke in favor of Option B.

 Madison Smith, Naperville, spoke in favor of the proposed ordinance.


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 Jeremy Buishas, urged Council to visit breeders.

 Greg Gordon, spoke in favor of the proposed ordinance.

 Mary Kaye Kendrick, discussed K-9 science and cognition.

 Peggy Grandahl, Joliet, spoke in favor of Option B.

 Marc Ayers, Humane Society of the U.S., spoke in favor of Option B.

 Morgan Drdak, end the support of puppy mills and the pet stores.

 Laura Vechiola, spoke in favor of Option B.

 Isannah Czernek, spoke in favor of Option B.

 Richard Leviton, Naperville, spoke in favor of Option B.

 Mary Scheffke, spoke in favor of Option B.

 Denise Sandoval, spoke in favor of Option B.

 Suzanne Derrick, Plainfield, spoke in favor of Option B.

 Gail Diedrichsen and Sharon Murphy, spoke in favor of Option B.

 Lorianne Kloss, Naperville, spoke in favor of Option B.

 Jeanine Miller, Lisle, spoke in favor of Option B.

 Crystal Semmerling, Naperville, spoke in favor of Option B.

 Ashley Nelson, spoke in favor of Option B.

 Curt Fiedler, discussed IL law prohibiting puppy mill puppies from being
 sold in pet stores, shut down puppy mills and eliminate access.

 Jennifer Cavka, spoke in favor of Option B.

 Maya Domiano, spoke in favor of Option B.

 Cari Meyers, spoke in favor of Option B.

 Mary Hamer, spoke in favor of Option B.



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 Anna Payton and Chris Stern, spoke in favor of Option B and giving the pet
 stores two years to comply.

 Jonathon Berning, Happiness is Pets - Naperville, stated the store would
 close if forced to a rescue-only model.

 Sherri Oslick, discussed other provisions in the ordinance.

 Nissa Burch, Petland, spoke in favor of the proposed ordinance.

 Ryan Marks, Petland, discussed licensed breeders and kennel conditions.

 Shanda Terry, Petland, spoke in favor of Option B.

 Carl Swanson, Petland Naperville, discussed business impact of potential
 mandate to visit breeders and provide an Affidavit.

 Keyonce Barrett, discussed her pet store purchase experience.

 Ryan Hamel, spoke in favor or the proposed ordinance.

 Nancy Laures, spoke in favor of Option B.

 Brian Krajewski, spoke in favor of Option B.

 Jessica DiNella, spoke in favor of Option B.

 Suzanne Hart, spoke in favor of Option B.

 The meeting recessed from 9:36 p.m. - 9:45 p.m.

 Council discussed using the facts to make decisions, the appropriateness
 of Option B, that the police department has not responded to complaints
 that pet stores are selling unhealthy dogs, that puppy mills will not go out of
 business if enforcement of pet stores is increased, internet sales from
 puppy mills may increase, there is no mechanism to regulate out-of-state
 puppy mills, the City can lobby to change state law, and that changes
 should be directed toward mills not the pet stores.

 A motion was made by Councilman Coyne, seconded by Councilwoman
 Brodhead, to pass an amended version of Option A to include the
 following provisions: 1. Microchip. All pet stores that sell dogs and cats
 shall not merely microchip the dogs and cats prior to sale, the
 registration of the microchip to include all owner contact information
 shall be completed prior to the release of the dog or cat to the consumer.
 2. Support of Local Animal Shelters. All Naperville pet stores that sell

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 commercially bred puppies may elect to promote adoption alternatives
 from their location and shall provide in-kind and/or financial assistance to
 Naperville animal shelters. The steps taken by the applicable Naperville
 pet stores under this section shall be placed on file with the Naperville
 legal department (the “Annual NAPA Report”). 3. Spay and Neuter. All
 dogs and cats sold by a Naperville pet stores that sell commercially bred
 dogs or cats shall promote the spay or neuter of dogs and cats sold from
 their stores by providing educational information that detail the benefits
 to the customer of spaying or neutering their dog or cat. Applicable pet
 stores shall also take steps to incentivize customers to choose to spay
 or neuter their purchased dogs or cats. The steps taken by Naperville
 pet stores under this section shall be included in the store’s Annual
 NAPA Report. 4. USDA and Breeder Records. All USDA records called for
 by Illinois state law 225 ILCS 605/3.08 and codified by this section shall be
 obtained by all Naperville pet stores irrespective of the availability of
 said documents on the USDA website and shall be made available to any
 consumer and/or City of Naperville code personnel upon request.

 Council discussed that USDA regulations cannot be enforced at the local
 level, the need to ensure that those wanting puppies are getting them from
 reputable breeders, that DuPage and Will counties support Option B, and
 that Naperville should be a leader in this area and not wait for state
 legislation.

 Council discussed the USDA inspection report, defining the humane
 treatment of animals, records showing previous owners, the success of
 marketing pets, a partnership with Will and DuPage counties,
 appropriateness of relying on pet store owners to visit the birth sites and
 submitting an Affidavit, and developing a breeder list/vendor list.

 Hart discussed the timeline for spring session legislation.

 Council discussed doing more research, the need to read the information
 that was distributed at the meeting, getting data from the state, special
 interest influence, and creating a City task force.

 The motion was made by Councilman Coyne, seconded by Councilwoman
 Brodhead, was withdrawn.

 Council discussed the timeline in Springfield, tabling would not put
 protections in place, and that the City cannot have an Ordinance that is less
 restrictive than the state.
 A motion was made by Councilman Krummen, seconded by Councilwoman
 Gustin, that this agenda item be tabled for 60 days and directed staff to work with
 county representatives concerning the proposed legislation, and report back to
 Council as to the progress made in Springfield. The motion carried by the
 following vote:

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

 Recused: 1- Obarski


2. Waive the first reading and pass the Ordinance amending Title 8, Chapter 2, Article C,
 Section 3, and Section 5 of the Municipal Code - Water User Charges, Wastewater
 Service User Charges and Wastewater Quality Surcharges. (Requires six positive votes)
 Holzapfel explained that in April of 2017, City Council approved a new
 five-year utility rate schedule. The new rates went into effect on May 1,
 2017, with annual increases on January 1 of each year from 2018 to 2021.
 After further review, staff found three significant errors in the water and
 sewer rate model. Due to the errors, the rates approved in April 2017
 underfund the utility operations by $3 million annually and are insufficient to
 maintain current operations. Staff requests City Council waive the first
 reading of the Ordinance and approve the proposed rates effective
 January 1, 2018.

 Council discussed appropriateness of waiving the first reading and
 sufficient public notification.

 Krieger explained administrative duties that must be performed, the need
 for a test period to ensure rates are being charged appropriately, and time
 to implement the communication plan.

 LaCloche explained the communication methods that will be used to inform
 residents.

 Holzapfel stated the water rates have been discussed since October.

 Enactment No: ORD 17-167
 A motion was made by Councilman Krummen, seconded by Councilwoman
 Brodhead, to waive the first reading and pass this agenda item. The motion
 carried by the following vote:

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

 Nay: 1- Hinterlong


3. Adopt the Resolution Urging the Governor to Veto Senate Bill 1451 (Small Cell Wireless
 Bill)
 Enactment No: RES 17-45

 A motion was made by Councilwoman Obarski, seconded by Councilman
 Krummen, that this agenda item be adopted. The motion carried by the following
 vote:

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

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 At 10:56 p.m. a motion was made by Councilman Hinterlong, seconded by
 Councilman Krummen, to extend the meeting to 11:15 p.m. The motion
 carried by the following vote:

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


M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

1. Approve the Award of RFP 17-056, Cityworks Upgrade and Enhancement Project, to
 Power Engineers, Inc. for an amount not to exceed $1,295,106.66.
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, that this agenda item be approved. 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:

P. NEW BUSINESS:

Q. ADJOURNMENT:
 A motion was made by Councilwoman Anderson, seconded by Councilman
 Hinterlong, to adjourn the Regular City Council meeting of December 5, 2017 at
 10:59 p.m. The motion carried by the following vote:

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




 /S/ Pam Gallahue
 Pam Gallahue, PhD
 City Clerk




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