DeKalb Times

City of Naperville City Council met March 21.

Here are the minutes provided by the council:

A. CALL TO ORDER:

Chirico called the meeting to order at 5:30 p.m.

B. ROLL CALL:

Present: 8 -

Mayor Steve Chirico

Councilwoman Jennifer Bruzan Taylor

Councilman Paul Hinterlong

Councilman Ian Holzhauer

Councilman Paul Leong

Councilwoman Theresa Sullivan

Councilman Benjamin White

Councilwoman Nicki Anderson

Absent: 1 - Councilman Patrick Kelly

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

A motion was made by Councilman White, seconded by Councilman Hinterlong, to recess to Closed Session to discuss 120/2(c)(1) Performance of a Specific Individual; 20/2(c)(11) Pending Litigation; 120/2(c)(21) Approval of Minutes. The motion carried by the following vote:

Aye: 8 - Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Leong, Sullivan, White, and Anderson Absent: 1 - Kelly

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 Jennifer Bruzan Taylor

Councilman Paul Hinterlong

Councilman Ian Holzhauer

Councilman Patrick Kelly

Councilman Paul Leong

Councilwoman Theresa Sullivan

Councilman Benjamin White

Councilwoman Nicki Anderson

Also Present

City Manager, Doug Krieger; City Attorney, Mike DiSanto; Director of Community Services/City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis; Deputy Police Chief, Jason Zbrozek; Director of Finance, Rachel Mayer; Director of IT, Jacqueline Nguyen; Deputy Director of TED, Allison Laff; Director of Public Utilities - Electric, Brian Groth; Deputy Director of Public Utilities - Water, Joe Slevnik; Director of Public Works, Dick Dublinski, Director of Communications, Linda LaCloche; Deputy Finance Director, Ray Munch Daily Herald, Naperville Sun, NCTV-17

E. PLEDGE TO THE FLAG:

The pledge was given.

F. AWARDS AND RECOGNITIONS:

G. PUBLIC FORUM:

Parking Deck

Dick Furstenau (Naperville) spoke in favor of building a Nichols parking deck.

Prairie State

Greg Hubert (Naperville) spoke against the proposed carbon capture project.

Municipal Utility

Albert Karvelis (Naperville) spoke against the proposed carbon capture project.

Closure of Edward Health & Fitness

Catherine M Kauffman (Naperville) spoke against the closure of Edward Health

& Fitness.

Naperville Forward Flyer

Chris Jacks (Naperville) spoke against statements contained in the flyer.

DiSanto said that staff has received complaints about use of the City logo and has taken it under advisement.

"3 Minutes with NEST" talk

Barbara Benson (Naperville - NEST) spoke about incentives, updated building codes, GHG inventory, the need to continue investing in the Electric Utility, and that Naperville should be a vocal leader in the transition to clean energy.

Edward Fitness Center Closure

Paula Vollmer (Naperville) spoke against the closure of Edward Health & Fitness.

Closure of Edward Health and Fitness Center

Sheila Sarovich (Naperville) spoke against the closure of Edward Health & Fitness.

Closure of Edward Health and Fitness Center

Nancy Rice (Naperville) spoke against the closure of Edward Health & Fitness.

Closure of Edward Fitness Center

Don Baskin (Naperville) spoke against the closure of Edward Health & Fitness.

Closure of Edward Health and Fitness Center

Steven Shamrock (Naperville) spoke against the closure of Edward Health & Fitness.

Closing of Edward Health and Fitness Center

Calvin Roesner (Naperville) spoke against the closure of Edward Health & Fitness.

Police

Jeff Jablonski discussed a ticket that was given to his friend by the NPD.

Council stated that the NPD has prioritized bridging relations with the Islamic community.

Naperville Forward Flyer

Ron Amato (Naperville) spoke against statements contained in the flyer.

Campaign

Tiffany Stephens discussed the need to keep the Mayor and Council campaign civil.

White responded and described his campaign efforts.

Chirico stated that speakers are not to address individual Council members.

$168 ticket by NPD for a burned head light

Basim Esmail (Naperville) discussed a recent ticket he received and stated that it should have been a warning.

Council confirmed with the speaker that a warning had been given for the same violation in February.

Chirico discussed the Naperville Forward flyer, stated that the PAC is owned by a Council member, explained the City Council rules regarding conduct and conflict of interest, and stated the Council member will not be censured, as neither are running for reelection, but the action is censurable.

WRITTEN COMMENTS ONLY

Stephen Wilkins (Naperville) - Closure of Edwards Fitness Center on Blum Ct -

The proposed change of land use pertaining to the closure of Edwards Fitness Center without the opportunity for "public input" contravenes the recommendation on Page 43 of the 2008 Master Plan for the Martin-Mitchell Tract of land, that Edwards Hospital, now Edwards-Elmhurst Hospital (part of Northshore University Healthcare System) provide the opportunity for public input on any prosed land use changes. There were no opportunities for public input (only 30-day notice was given to the members and employees of the Fitness Center) which directly contravenes the written recommendations and spirit of the 2008 Martin=Mitchell Master Plan. In the spirit of this Master Plan, it would be in the interest of the public in Naperville that open public hearings on the proposed closure be held in a timely manner with reasonable public notification of such meetings. Respectfully submitted 3/19/2023 by Stephen Wilkins Naperville Resident

Angela (Naperville) - Closing of Edward Healthplex -I began swimming at the Edward Healthplex following a hip replacement. I learned about the courses through Edward’s Take a Hike Challenge / Healthy Driven program. I’ve continued swimming there for the last 1 1/2 years & now swim with Waves. The facility there provides an environment where the community supports each other to be better, & healthier! I’ve witnessed women motivating & encouraging each other to show up & keep moving, especially when life has presented someone with the loss of a family member or serious health problem. This has been a place of healing and recovery for so many people in the community for decades. The need for aquatics programming in Naperville is evident, for all ages. This pool location is critical for the continued involvement of local Seniors.

The closing of the Healthplex, & it’s pool, will be a blow to the health & longevity of the community that Edward claims to serve.

Closing of Edward Health & Fitness

POSITION STATEMENT - OPPOSE

Karen Gallagher (Naperville)

Dr. Gary Gallagher (Naperville)

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

A motion was made by Councilman Hinterlong, seconded by Councilman White, to use the Omnibus method to approve the Consent Agenda. The motion carried by a voice vote.

I. CONSENT AGENDA:

Approval of the Consent Agenda

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

Aye: 9 - Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, White, and Anderson

1. Approve the Cash Disbursements for the period of 02/01/2023 through 02/28/2023 for a total of $27,860,963.94

Council approved.

2. Approve the regular City Council meeting minutes of March 7, 2023

Council approved.

3. Approve the City Council meeting schedule for April, May and June 2023

Council approved.

4. Approve the award of Cooperative Procurement 23-069, Cable Purchase, to Anixter Power Solutions for an amount not to exceed $230,000

Council approved.

5. Approve the Sole Source Procurement 23-068, Cityworks Premium Enterprise License Agreement Renewal, to Azteca Systems, LLC for an amount not to exceed $104,940 and for a one-year term

Council approved.

6. Approve the award of Change Order #1 to Contract 22-097, CAD/RMS Consultant Services, to Federal Engineering, Inc. for an amount not to exceed $154,941 and a total award of $288,039

Council approved.

7. Approve the award of Option Year One to Bid 22-036, Landscape Restoration Services, to Semper Fi Landscaping Inc and Local Lawn Care and Landscaping for an amount not to exceed $500,000

Council approved.

8. Approve the award of Option Year 3 to Contract 18-177, Residential Water Meters, to Core & Main LP, for an amount not to exceed $830,380 for a one-year term

Council approved.

9. Approve the award the fourth and final option year to Contract 19-074, Commercial Garage Door, Man Door and Security Gate Services, to Allied Door, for an amount not to exceed $255,000

Council approved.

10. Approve the award of Bid 23-030, Municipal Center Parking Facility Lower Level Slab Renovation, to J. Gill and Company for an amount not to exceed $655,600, plus a 3% contingency

Council approved.

11. Approve the award of Bid 23-015, T10 McDowell Trunk Sewer Rehabilitation Phase 2, to Hoerr Construction Inc. for an amount not to exceed $810,403, plus a 3% contingency

Council approved.

12. Approve the award of Bid 23-012, 2023 Sanitary Sewer Smoke Testing-Tributaries of South Wastewater Pump Station, to RJN Group Inc. for an amount not to exceed $309,132, plus a 5% contingency

Council approved.

13. Pass the ordinance calling for the enlargement of Special Service Area No. 33 (Downtown Marketing & Maintenance) to include 235 W. Jefferson Avenue and scheduling the required public hearing for June 6, 2023 at 7 p.m.

ORD 23-033

Council passed.

14. Pass the ordinance to establish temporary traffic controls and issue Special Event and Amplifier permits for the 2023 Naperville Women’s Half Marathon and 5K scheduled on Sunday, April 23, 2023

ORD 23-034

Council passed.

15. Adopt the resolution in support of the DuPage Monarch Project

RES 23-10

POSITION STATEMENT - SUPPORT

Marilyn L Schweitzer (Naperville)

Council adopted.

J. PUBLIC HEARINGS:

1. Conduct the public hearing for the establishment of Special Service Area No. 35 for streetscape improvements on Washington Street from Chicago Avenue to Benton Avenue (Item 1 of 2)

The public hearing opened at 8:04 p.m.

A motion was made by Councilman White, seconded by Councilman Hinterlong, to close the public hearing for the establishment of Special Service Area No. 35 for streetscape improvements on Washington Street from Chicago Avenue to Benton Avenue at 8:04 p.m. The motion carried by a voice vote.

2. Direct staff to prepare an ordinance to establish Special Service Area No. 35 for streetscape improvements on Washington Street from Chicago Avenue to Benton Avenue if fewer than 50% of the property owners object over the next 60 days (Item 2 of 2)

A motion was made by Councilman White, seconded by Councilman Hinterlong, to direct staff to prepare an ordinance to establish Special Service Area No. 35 for streetscape improvements on Washington Street from Chicago Avenue to Benton Avenue if fewer than 50% of the property owners object over the next 60 days. The motion carried by the following vote:

Aye: 8 - Chirico, Bruzan Taylor, Hinterlong, Kelly, Leong, Sullivan, White, and Anderson

Nay: 1 - Holzhauer

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Conduct the first reading of the ordinance amending Section 1-9B of the Naperville Municipal Code to modify the City’s purchasing policies and guidelines to incorporate changes pertaining to responsible bidders

Naperville Area Chamber of Commerce

Beth Goncher (Naperville) spoke against the proposed responsible bidder ordinance (RBO) as presented.

Josh Weger (Countryside - Indiana-Illinois-Iowa Foundation for Fair Contracting) spoke in favor of the proposed RBO.

Council confirmed that the speaker does not have examples of poor quality work being done in Naperville.

Daniel Hebreard (Woodridge - DuPage County Forest Preserve) spoke in favor of the proposed RBO.

Council confirmed that the Forest Preserve is receiving strong bid packets, that a minimum price is not required and asked about specialty bids and the three quote process.

Joe Riley (Lombard - DuPage County Building Trades) spoke in favor of the proposed RBO.

Council confirmed that the speaker cannot give examples of inferior work being done in Naperville or poor conduct exhibited by companies doing work in Naperville.

Council discussed apprenticeship programs, certified payroll, and prevailing wage.

White stated that he has received campaign donations from unions in excess of the $750 threshold outlined in the Conflict of Interest ordinance.

Marilyn L. Schweitzer (Naperville) spoke in favor of the proposed RBO.

Ashley South (Naperville) spoke in favor of the proposed RBO.

Mayer stated that the current Municipal Code defines “responsible bidder,” explained what is required for each bid, that the work done at the City is diverse, and that awards are given based on responsive and responsible bid packages.

She went on to say that the City has not experienced low quality work and that any specifications that are required are detailed on a per job basis.

Council discussed requiring training programs, appropriateness of requiring a minimum dollar threshold, and asked whether awarded contracts pay prevailing wage.

Mayer stated that the City requires awardees to pay prevailing wages, the City does not enforce prevailing wage, and that staff will notify the Department of Labor (DOL) when there is an allegation and the DOL will perform the investigation.

A motion was made by Councilwoman Bruzan Taylor, seconded by Councilman Holzhauer, to waive the first reading and pass the ordinance amending Section 1-9B of the Naperville Municipal Code to modify the City’s purchasing policies and guidelines to incorporate changes pertaining to responsible bidders.

Council discussed the appropriateness of waiving the first reading, that staff believes the provisions in the current Code are sufficient to cover RBO tenets, and that the Financial Advisory Board (FAB) has not provided input.

DiSanto clarified that White disclosed campaign donations at his discretion and that it does not constitute a conflict of interest per the ordinance.

Council stated that they have not reviewed any reports from FAB in two years.

Councilwoman Bruzan Taylor withdrew the motion to waive the first reading with the second (Holzhauer) concurring.

Council said there are enough votes to pass the RBO, discussed the appropriateness of waiving the first reading, that FAB was not able to get a quorum prior to the March 21 meeting to review the ordinance, that the ordinance had a first reading in September and Council members have done their due diligence since that time.

WRITTEN COMMENT ONLY

Dear Mayor Chirico and Members of the City Council,

DuPage County has embarked on our most aggressive public works construction program ever. Through revenues from Rebuild Illinois and the American Rescue Plan Act in addition to the federal Infrastructure Investment and Jobs Act, DuPage County seeks to make needed investments in our roads, bridges, buildings, water and wastewater facilities and stormwater management. These investments will not only address our aging infrastructure but will ensure we meet the needs of our residents and businesses and continue to promote economic growth and opportunity in DuPage County. The success of our infrastructure investment program will rely upon a well-trained, robust, and motivated workforce, competent contractors, timely project delivery and a competitive market.

In March 2019, DuPage County passed its Responsible Bidder Ordinance (RBO) for public works construction projects. RBO was advanced out of a recognition of the importance of qualifications considerations when awarding contracts based on low bid. DuPage County’s RBO emphasizes the need to ensure quality workmanship, efficient operations, safety, and timely completion of projects when awarding public works construction projects.

As Chair of the DuPage County Board, I have prioritized the stewardship, protection and strategic investment of taxpayer funds. Through the County ’s RBO, objective criteria have been established so that only those contractors meeting these requirements are awarded contracts. County public works departments have seen a marked increase in the quality and competence of contractors contracted by DuPage County under RBO. Gone is the award of public works construction contracts to unqualified but lowest bid contractors . To ensure that is no longer the case, proof of participation in a registered apprenticeship training program is the hallmark of our RBO program. Having such a requirement in place is not only essential to ensuring a qualified, competent, and well-trained workforce, but also ensures that those performing the work are safe and reliable. The evidence is clear that the quality, workmanship, and overall project delivery of projects under RBO is superior as compared to many projects prior to adoption of the RBO. This has especially been the experience of our public works departments for smaller value contracts which seemed to attract less qualified contractors. Competition has not been diluted with the passage of our RBO. Just the opposite. RBO ensures a level playing field among all bidders, encouraging greater interest and participation in county contracting opportunities.

With strong DuPage County ties, the DuPage County Building Trades Council (BTC) is a tireless industry advocate. You have actively supported revenue increases and legislation necessary to address our infrastructure needs. BTC is committed to ensuring a quality and highly skilled workforce and continues to invest in apprentice training programs to ensure the next generation of laborers, carpenters, operators, iron workers, etc. At no other time has workforce availability in the building trades been so important and with so much opportunity. BTC is commended for their educational workshops and active outreach promoting building trades career opportunities. These trades offer good paying jobs and benefits that contribute back into our local economy fostering continued growth.

Given the apparent shortage of a competent, qualified workforce to complete the current public works projects in the Chicagoland region, the need to train new workers in these critical trades is more important than ever. The apprenticeship requirements contained within the RBO is essential in ensuring that we have a well-trained workforce for the projects that will be completed in the next 5, 10 or even 30 years. The successful training of younger workers today in all building trades will ensure that the Chicagoland region continues to be vibrant and thriving area of the country for years to come.

The DuPage County Building Trades Council has been a trusted partner with DuPage County in the success of our RBO. As DuPage County embarks on this transformational infrastructure investment program, I look forward to the continued collaboration with the many contractor members of the BTC and the skilled men and women so essential to our success, many of whom choose DuPage County to live, work and raise a family.

Sincerely, Deborah A. Conroy, Chair, DuPage County Board

ORD 23-035

A motion was made by Councilman Holzhauer, seconded by Councilman White,

to waive the first reading and pass the ordinance amending Section 1-9B of the

Naperville Municipal Code to modify the City’s purchasing policies and

guidelines to incorporate changes pertaining to responsible bidders. The motion

carried by the following vote:

Aye: 7 - Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Sullivan, White, and Anderson

Nay: 2 - Chirico, and Leong

The meeting recessed from 8:55 p.m. - 9:07 p.m.

A motion was made by Councilman White, seconded by Councilman Hinterlong, to use the Omnibus method to approve items L2-L5. The motion carried by a voice vote.

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve items L2-L5. The motion carried by the following vote:

Aye: 8 - Chirico, Bruzan Taylor, Hinterlong, Kelly, Leong, Sullivan, White, and Anderson

Nay: 1 - Holzhauer

2. Receive the staff report for 404 Illinois Route 59 (Block 59) - PZC 22-1-038 (Item 1 of 4)

Dick Furstenau (Naperville) spoke against the proposed Business District as presented.

Basim Esmail (Naperville) spoke against the proposed Business District as presented.

Marilyn L. Schweitzer (Naperville) spoke in favor of the proposed Business District as presented.

Council discussed potential closing of stores, the anticipated retail mix, bifurcating the development from the tax, the subjective definition of blight, the number of vacancies, the proposed parking area and store layout, that the project is a positive for the City, the need to help taxpayers, and that development is needed in that area.

Council received.

3. Pass the ordinance revoking Ordinance 91-205 which established the Heritage Square Planned Unit Development (PUD) for the property located at 404 S. IL Route 59 (Block 59) - PZC 22-1-038 (Item 2 of 4)

ORD 23-036

Council passed.

4. Pass the ordinance approving a preliminary plat of subdivision for Block 59 - PZC 22-1-038 (Item 3 of 4)

ORD 23-037

Council passed.

5. Pass the ordinance approving a conditional use for a planned unit development (PUD), a preliminary PUD plat, and various deviations for Block 59 - PZC 22-1-038 (Item 4 of 4)

ORD 23-038

Council passed.

A motion was made by Councilman White, seconded by Councilman Hinterlong, to use the Omnibus method to approve items L6-9. The motion carried by a voice vote.

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve items L6-L9. The motion carried by the following vote:

Aye: 6 - Chirico, Hinterlong, Kelly, Leong, White, and Anderson

Nay: 3 - Bruzan Taylor, Holzhauer, and Sullivan

6. Receive the staff report for the Block 59 Business District located at northeast corner of Route 59 and Aurora Avenue (Item 1 of 4)

Council received.

7. Pass the ordinance designating a Business District, approving the Business District Plan, and making a blighted area finding in relation to the Block 59 Business District (Item 2 of 4)

ORD 23-039

Council passed.

8. Pass the ordinance imposing a Business District Retailers’ Occupation Tax and Business District Service Occupation Tax in the City of Naperville, DuPage County, Illinois for the Block 59 Business District (Item 3 of 4)

ORD 23-040

Council passed.

9. Pass the ordinance approving the Block 59 Business District Redevelopment Agreement between Brixmor Heritage Square, LLC and the City of Naperville (Item 4 of 4)

ORD 23-041

Council passed.

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

1. Approve the award of Cooperative Procurement 23-024, EMS Cardiac Monitors and Autopulses under a Zoll One Program, to Zoll Medical Corporation for an amount not to exceed $3,063,333 for a ten-year term

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve the award of Cooperative Procurement 23-024, EMS Cardiac Monitors and Autopulses under a Zoll One Program, to Zoll Medical Corporation for an amount not to exceed $3,063,333 for a ten-year term. The motion carried by the following vote:

Aye: 9 - Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, White, and Anderson

2. Approve the award of Consolidated Cooperative Procurement 23-061, New and Replacement PCs, to CDS Office Technologies and Insight Public Sector, for an amount not to exceed $1,028,350

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve the award of Consolidated Cooperative Procurement 23-061, New and Replacement PCs, to CDS Office Technologies and Insight Public Sector, for an amount not to exceed $1,028,350. The motion carried by the following vote:

Aye: 9 - Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, White, and Anderson

3. Approve the award of RFP 22-343, Springbrook Water Reclamation Center South Plant Expansion project, to Donohue & Associates, Inc. for an amount not to exceed

$2,288,763.00 plus a 3% contingency

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve the award of RFP 22-343, Springbrook Water Reclamation Center

South Plant Expansion project, to Donohue & Associates, Inc. for an amount not to exceed $2,288,763 plus a 3% contingency. The motion carried by the following vote:

Aye: 9 - Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, White, and Anderson

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:

1. Receive the Preliminary 2022 Year-End Financial Report

Mayer gave the presentation, summarized preliminary revenues and expenditures recorded through December 31, 2022, and highlighted early 2023 indications.

Council discussed late fees, returned checks, and charging a fee for payment by credit card.

Mayer explained how different payment methods impact the accounts receivable function and stated that staff will bring back a recommendation regarding assessing a fee for credit card payments.

The report was received.

P. NEW BUSINESS:

Campaign Finance Reform Ordinance

Chirico discussed when the ordinance was passed and why he voted against it.

Chirico directed the City Manager to bring to the City Council a text amendment repealing the ordinance requiring public disclosure of certain campaign contributions.

Q. ADJOURNMENT:

A motion was made by Councilman Hinterlong, seconded by Councilman White, to adjourn the Regular City Council Meeting of March 21, 2023 at 10:01 p.m. The motion carried by a voice vote.

https://naperville.legistar.com/DepartmentDetail.aspx?ID=-1&GUID=A3C0667C-247A-4300-AD02-03FAB1F3968C&R=961746db-c820-4e56-ab4f-ee5335a6fa83