City Council

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Minutes - Final City Council Tuesday, September 17, 2024 7:00 PM Council Chambers Agenda Introductory Language TO WATCH OR LISTEN TO THE CITY COUNCIL MEETING LIVE: • Watch on WCNC GOVERNMENT ACCESS TELEVISION (Ch. 6-Astound, Ch. 10 - Comcast, Ch. 99 – AT&T U-verse) • Watch online at https://naperville.legistar.com TO PROVIDE PUBLIC COMMENT: The public may choose to provide public comment in any of the following ways: 1. Address the City Council live during the City Council meeting in-person in City Council Chambers. Individuals wishing to address the City Council during the meeting must sign up online at www.naperville.il.us/speakersignup by 6:30 p.m. on September 17. 2. Individuals can also have their name added to the speaker list by calling the Community Services Department at (630) 305-5300 by 6:30 p.m. on September 17. 3. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on September 17. 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. 4. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda item by 4 p.m. on September 17. 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. There will be no on-site speaker sign up permitted. City of Naperville Page 1 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 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 September 17. • 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. • SPEAKER TIME LIMITS: Speakers must limit their remarks to no more than three minutes. Petitioners may speak on an agenda item first and have up to 10 minutes and are also granted a five-minute rebuttal once all other speakers have commented. • IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the City Council meeting. Once your name is called you may identify yourself for the public record and then address remarks to the City Council as a whole. Speak clearly and try to limit remarks directly to the matter under discussion. Speakers are called in the order they sign up. A. CALL TO ORDER: B. ROLL CALL: Present: 9- Mayor Scott Wehrli Councilwoman Jennifer Bruzan Taylor Councilman Ian Holzhauer Councilman Patrick Kelly Councilman Paul Leong Councilwoman Allison Longenbaugh Councilman Josh McBroom Councilman Benjamin White Councilman Nathan Wilson C. CLOSED SESSION - 6:30 p.m. OPEN SESSION - 7:00 p.m. D. ROLL CALL: City of Naperville Page 2 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 Present: 9- Mayor Scott Wehrli Councilwoman Jennifer Bruzan Taylor Councilman Ian Holzhauer Councilman Patrick Kelly Councilman Paul Leong Councilwoman Allison Longenbaugh Councilman Josh McBroom Councilman Benjamin White Councilman Nathan Wilson Also Present City Manager, Doug Krieger; Deputy City Attorney, Sabrina Spano; City Clerk, Dawn Portner; Assistant to the City Manager, Marcie Schatz; Fire Chief Mark Puknaitis; Police Chief, Jason Arres; Director of Finance, Raymond Munch; Deputy Director of IT, Doug Rippe; Director of TED, Bill Novack; Deputy Director of TED, Allison Laff; Director of Public Utilities - Electric, Brian Groth; Director of Public Utilities - Water, Darrell Blenniss; Director of Community Services, Melanie Marcordes; Director of Human Resources, Blaine Wing; Director of Communications, Linda LaCloche. Daily Herald, Naperville Sun, NCTV-17 E. PLEDGE TO THE FLAG: The pledge was given. A motion was made by Councilman White, seconded by Councilman Kelly, to allow Councilman Longenbaugh (illness) to participate via teleconference. The motion carried by a voice vote. F. AWARDS AND RECOGNITIONS: 1. Proclaim September 15 - October 15 as Hispanic Heritage Month in Naperville Councilman McBroom presented the proclamation. 2. Proclaim September 29, 2024 as Veterans of Foreign Wars of the United States 125th Anniversary in the City of Naperville Councilman McBroom presented the proclamation. G. PUBLIC FORUM: Allowance of gaming machines in our restaurant George Fiegle (Winfield - Danny’s Pub and Grill) spoke in favor of allowing video gaming in Naperville. Video gaming ordinance Bryce Logsdon (Naperville - White Tavern) spoke in favor of allowing video gaming in Naperville. City of Naperville Page 3 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 Gaming Jonathan Santos (Naperville) spoke in favor of allowing video gaming in Naperville. Adult gaming entertainment Ken Eng (Naperville) spoke in favor of allowing video gaming in Naperville. Proposing video game terminals being allowed. Seana Somolik (Naperville - Danny’s Pub & Grill) spoke in favor of allowing video gaming in Naperville Gaming Nick Tucker (Naperville) spoke in favor of allowing video gaming in Naperville. Adult gaming entertainment Bobby Loncar (Naperville) spoke in favor of allowing video gaming in Naperville. ‘ Gaming issue in Naperville John Parkhurst (Naperville) spoke in favor of allowing video gaming in Naperville. 3-minutes with NEST Grant W. Levitan (Naperville) discussed renewable energy, the impact on the economy, and the cost to residents and businesses. Allowing video gaming/gambling in Naperville Teri Feldott (Naperville-The Lantern Tavern) spoke in favor of allowing video gaming in Naperville. Council discussed the Block 59 development and needing additional information from the hospitality industry and the Naperville Area Chamber of Commerce regarding video gaming. Mayor Wehrli polled the Council to see if any Council member planned to discuss video gaming under New Business and since there were no responses no further action was taken on this issue. H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE CONSENT AGENDA: A motion was made by Councilman White, seconded by Councilman Kelly, accept. The motion carried by a voice vote. I. CONSENT AGENDA: Approval of the Consent Agenda A motion was made by Councilman White, seconded by Councilman Kelly, to approve the Consent Agenda removing Items !8 and I11. The motion carried by the following vote: City of Naperville Page 4 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson 1. Approve the Cash Disbursements for the period of August 1, 2024 through August 31, 2024 for a total of $42,218,203.54 Council approved. 2. Approve the regular City Council agenda meeting minutes of September 3, 2024 Council approved. 3. Approve the City Council meeting schedule for September, October, and November, 2024 Council approved. 4. Receive the year-to-date Budget Report through August 31, 2024 Council approved. 5. Approve appointments to the Transportation Advisory Board Council approved. 6. Approve the award of Sole Source Procurement 24-238, DVI Edge Software Support, to Dominion Voltage for an amount not to exceed $160,364 and for a two-year term Council approved. 7. Approve the award of RFP 24-111, Utility Network Consultant, to RAMTeCH Software Solutions, Inc. for an amount not to exceed $129,625 Council approved. 8. Approve the award of Bid 24-143, Van Buren Parking Facility 2024 LED Lighting Retrofit, to Rag’s Electric, Inc. for an amount not to exceed $471,500 plus a 5% contingency Council discussed if there were any national lighting standards or guidelines for closed areas such as elevators, staircases or underpasses and if these types of areas are part of the review process when additional upgrades are being reviewed around the City. Novack commented there are various lighting standards and guidelines across the country. Last year the Downtown Advisory Committee toured alleys and back of buildings after dark to determine if additional lighting was needed. They worked with the property owners to reduce the risk and lighting was approved in several areas. As standards change over time and improvements are made to equipment upgrades will be made throughout the City. If the Council has any suggestions or concerns in specific areas, they should notify the staff so a review can take place. City of Naperville Page 5 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 A motion was made by Councilman White, seconded by Councilman Kelly to approve the award of Bid 24-143, Van Buren Parking Facility 2024 LED Lighting Retrofit, to Rag’s Electric, Inc. for an amount not to exceed $471,500 plus a 5% contingency. The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson 9. Approve the award of Option Year #2 to Contract 22-187, Aggregate Materials, to Boughton Materials, Inc. for an amount not to exceed $456,162 Council approved. 10. Approve the award of Change Order #1 to Contract 22-114-3, Trillium Lift Station Rehabilitation Design to Ciorba Group Inc, for additional 457 days Council approved. 11. Waive the first reading and pass the ordinance restricting parking in residential districts (requires six positive votes) WRITTEN COMMENT ONLY Marilyn Schweitzer (Naperville) Please expand the ordinance to include standing, not merely parked, such vehicles. As written, the noise and exhaust from an occupied and running vehicle would not be in violation no matter how long it were in a residential district because it would not be considered parked. Please also expand the parking options for such vehicles as I understand it is quite lacking in Naperville. ORD 24-094 A motion was made by Councilman White, seconded by Councilman Kelly, to waive the first reading and pass the ordinance restricting parking in residential districts (requires six positive votes). The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson 12. Waive the first reading and pass the ordinance amending Section 6-8C-3 of the Naperville Municipal Code to allow vocational and trade schools which do not qualify as a Public Assembly Use as a conditional use in the I (Industrial) zoning district (PZC 24-1-094) (requires 6 positive votes) ORD 24-095 Council passed. 13. Pass the ordinance granting a conditional use for a vocational or trade school which does not qualify as a Public Assembly Use per Section 6-2-29 of the Naperville Municipal Code at 1601 Bond Street Suite 305 (Phlebotomy Training Specialists) - PZC 24-1-075 ORD 24-096 City of Naperville Page 6 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 Council passed. 14. Pass the ordinance approving a variance to Section 6-9-2:12 (Off Street Parking Facilities) in order to expand a driveway in the front and corner side yards without tapering or leading to a parking space that meets setback requirements at 557 W Gartner Rd - PZC 24-1-083 ORD 24-097 Council passed. 15. Pass the ordinance approving a variance from Section 6-2-10:5 to allow approximately 30.5% of the required rear yard to be occupied at 247 Claremont Dr. - PZC 24-1-069 ORD 24-098 Council passed. 16. Pass the ordinance to establish temporary traffic controls and issue Special Event and Amplifier permits for the Naperville Half Marathon, 10K and 5K scheduled on Sunday, October 20, 2024 ORD 24-099 Council passed. 17. Pass the ordinance to establish temporary traffic controls and issue a Special Event permit for the Downtown Naperville Trick-or-Treat Event scheduled on Sunday, October 27, 2024 ORD 24-100 Council passed. 18. Adopt the resolution approving the release and settlement agreement between Jeanne Olson, as Trustee of the William Amor Trust for William E. Amor, deceased, and the City of Naperville (Item 1 of 2) RES 24-27 Council adopted. 19. Pass the ordinance approving an amendment to the City of Naperville 2024 Annual Budget in the amount of $7,500,000 for the purpose of funding a legal settlement (Item 2 of 2) (requires six positive votes) ORD 24-101 Council passed. J. PUBLIC HEARINGS: City of Naperville Page 7 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 K. OLD BUSINESS: L. ORDINANCES AND RESOLUTIONS: M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE: 1. Approve the award of Bid 24-153, Central Elevated Tank, to Phoenix Fabricators and Erectors LLC for an amount not to exceed $5,368,759, plus a 3% contingency A motion was made by Councilman White, seconded by Councilman Kelly, to approve the award of Bid 24-153, Central Elevated Tank, to Phoenix Fabricators and Erectors LLC for an amount not to exceed $5,368,759, plus a 3% contingency. The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson 2. Approve the award for the Cooperative Procurement 24-239, Axon Taser and Virtual Reality Equipment, to Axon Enterprise for an amount not to exceed $1,178,820 and for a five-year term A motion was made by Councilman White, seconded by Councilman Kelly, to approve the award for the Cooperative Procurement 24-239, Axon Taser and Virtual Reality Equipment, to Axon Enterprise for an amount not to exceed $1,178,820 and for a five-year term. The motion carried by the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson N. PETITIONS AND COMMUNICATIONS: O. REPORTS AND RECOMMENDATIONS: 1. Direct staff to proceed with the Urban Land Institute Technical Assistance Panel application to receive comprehensive and strategic advice for the 5th Avenue Study Area Council discussed the 90-minute confidential interviews with key stakeholders, how many people would be involved and how are they selected, how would stakeholders and residents be made aware of this process and does the list still exist of past residents and stakeholders who were interested and given updates on this project. Laff commented that the stakeholders to be interviewed would be selected by staff but the staff is not involved in the actual interviews, it is confidential between the panelist and the interviewees, staff would come back with an Agenda Item which would include the list of questions and that would be a public discussion. This is a consolidated approach and meant to be handled quickly over a 2-day period. The City would receive a report from the panel, a public open house would then be scheduled for feedback and a report would also been given to the Council for approval at a later date. LaCloche stated an old list does exist in the City's E-News system of people City of Naperville Page 8 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 who were interested in the 5th Avenue project. WRITTEN COMMENT ONLY Bill Simon (Naperville, Naperville Preservation Inc.) suggests that Council ask Staff to inform ULI that many of the 2017 City of Naperville 5th Avenue Redevelopment Sites are adjacent to, and one within, the Federal Historic District ("the District."). Naperville Preservation has overlaid the boundaries of the District, which includes 5th Avenue Station, onto staff's map of these opportunities and would gladly share this overlay map by email upon request. The boundaries of the District can also be viewed at <https://www.naperville.il.us/about-naperville/historic-district/local-historic-distri cts/> . Marilyn L Schweitzer (Naperville) Please table or oppose this. Staff has many other matters to complete, such as the AHIP, that should be given a priority before any time is spent on yet another 5th Avenue Study. Some of these incomplete matters, such as the AHIP, an updated Pedestrian/Bicycle plan, and local public transportation strategies, will impact redevelopment options around the 5th Ave area and should be input into a potential 5th Ave redevelopment Before engaging such a panel in the future, please come to a consensus on a goal that is well vetted by the community. 3-4 questions about an unvetted goal or the failed poorly defined 2020 plan will be a disservice to the community. (Both sample ULI TAP Reports had well defined goals, not merely a few questions for the panel.) A motion was made by Councilman White, seconded by Councilman Kelly, to direct staff to prepare an agenda item for future Council discussion and concurrence regarding the 3-4 questions that are sought to be answered through a ULI TAP application for the 5th Avenue Study Area. The motion carried b y the following vote: Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White, and Wilson P. NEW BUSINESS: Webster Street traffic improvements Taylor discussed traffic concerns on Webster Street between Van Buren and Jefferson Avenues. With parking currently available on only the east side of the street it becomes unsafe for two lanes of traffic. By consensus, Council directed staff to come back with a report on what if any steps should be taken to improve this part of the roadway. GovQA Council discussed accessibility concerns between the Council and residents since GovQA was implemented in the spring, the system is not user friendly for the public nor for the Council it slows down their ability to respond to resident issues in a timely fashion, is there an upgrade available to allow the system to be mobile friendly and can a message be added to let the resident know that City of Naperville Page 9 Printed on 10/2/2024 City Council Meeting Minutes - Final September 17, 2024 when a message is sent it will be read by the entire Council and staff. By consensus, Council directed staff the review the current GovQA system and report back to the Council with recommendations. RFP for an energy consultant Taylor discussed that staff requested Council to approve an energy consultant at the June 4, 2024 Council meeting who would provide options on different ways to move forward with the City's energy needs once the contract with IMEA expires in 2035. The RFP needs to be reissued to see if we can receive more than one bid and find someone who does not have an appearance of a conflict of interest. By consensus, Council directed staff to re-issue an RFP for an energy consultant to analyze the market and provide the City with options of potential energy providers and report back to Council with the results. Traffic concerns on Ewing Street between Jefferson and Jackson Avenues Kelly discussed complaints concerning reckless driving, loud noises and excessive speeds in the area of Ewing Street between Jefferson and Jackson Avenues. By consensus, Council directed staff to bring safety recommendations to the Transportation and Advisory Board and then to Council on how to improve the intersections of Ewing Street between Jefferson and Jackson Avenues. . Excessive noise complaints Mayor Wehrli discussed noise complaints from motorcycles and modified cars causing disturbances throughout the City and at various events. By consensus, Council directed staff to provide recommendations and report back to the Council addressing noise issues beyond the State statutes where there have been challenges with enforcement and penalties. Q. ADJOURNMENT: A motion was made by Councilman White, seconded by Councilman Kelly, to adjourn the Regular City Council Meeting of September 17, 2024 at 8:44 p.m. The motion carried by a voice vote. /S/ Dawn C. Portner Dawn C. Portner City Clerk City of Naperville Page 10 Printed on 10/2/2024