City Council — Naperville, IL
Date: 2023-05-02

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



 Meeting Agenda

 City Council

Tuesday, May 2, 2023 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)
Please note that WCNC is currently unavailable to AT&T U-verse (Ch. 99) customers. We
encourage these customers to view meetings online at https://naperville.legistar.com.
• Watch online at https://naperville.legistar.com

TO SUBMIT PUBLIC COMMENT OR SPEAK LIVE AT THE MEETING: To address the City
Council in-person in City Council Chambers, members of the public must register by 4 p.m. on
May 2 at: www.naperville.il.us/speakersignup

The public may choose to provide public comment in any of the following ways:
1. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on May
2. 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.

2. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda
item. 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.

3. Address the City Council live during the City Council meeting in-person in City Council
Chambers. Individuals wishing to address the Council during the meeting must sign up to speak
by 4 p.m. on May 2.
Online sign-up closes at 4 p.m. on May 2, at which time no other speakers or comments will be
accepted. There will be no on-site speaker sign up.

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 May 2.

• Questions regarding online sign-up may be directed to the Community Services Department by
calling (630) 305-5300.




City of Naperville Page 1 Printed on 4/26/2023
City Council Meeting Agenda May 2, 2023



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:

C. CLOSED SESSION - CANCELED

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:

F. AWARDS AND RECOGNITIONS:
1. 23-0530 Present the Accessible Community Task Force student recognition awards

2. 23-0535 Recognize the District 203 High School Architectural Class competition
 winners
3. 23-0527 Proclaim May 2023 as Mental Health Awareness Month in the City of
 Naperville

4. 23-0528 Proclaim May 14-20, 2023 as National Police Week in the City of
 Naperville




City of Naperville Page 2 Printed on 4/26/2023
City Council Meeting Agenda May 2, 2023


5. 23-0529 Proclaim May 13, 2023 as the 31st Annual Letter Carriers’ “Stamp Out
 Hunger” Food Drive Day

G. PUBLIC FORUM:

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

I. CONSENT AGENDA:
1. 23-0533 Approve the regular City Council meeting minutes of April 18, 2023

2. 23-0441 Approve the City Council meeting schedule for May, June and July 2023

3. 23-0432 Approve the award of Cooperative Procurement 23-101, 138kV Hitachi
 Circuit Breakers, to Wesco for an amount not to exceed $860,220

4. 23-0433 Approve the award of Option Year One to Bid 21-241, Excavation and
 Underground Utility Repairs, to Baish Excavating, Inc., and IHC
 Construction Companies, LLC for an amount not to exceed $213,572 plus
 a 5% contingency
5. 23-0483 Approve the award of Bid 23-063, 2023 Pavement Markings to Precision
 Pavement Markings, Inc. for an amount not to exceed $207,479.59 plus a
 5% contingency

6. 23-0491 Approve the award of RFQ 22-114 Work Order #4, Engineering Services
 for Central Elevated Water Tank Relocation, to Baxter & Woodman, Inc. for
 an amount not to exceed $192,670, plus a 5% contingency

7. 23-0503 Approve the award of RFQ 22-249, Land Surveying Services, to Accurate
 Group, Inc; Alfred Benesch & Company; Baxter & Woodman; Gewalt
 Hamilton Associates, Inc; and Mackie Consultants, LLC as approved
 vendors for future projects and for a two-year term
8. 23-0505 Waive the first reading and pass the ordinance amending Section 7-1-3:2
 of the Naperville Municipal Code to add the transitional use (TU) zoning
 district

9. 23-0416B Pass the ordinance approving setback and driveway variances for the
 property located at 104 Triton Lane - PZC 22-1-125

10. 23-0518 Pass the ordinance to establish temporary traffic controls and issue
 Special Event and Amplifier permits for the Marquette Properties 40th
 Anniversary Celebration scheduled on Tuesday, June 13, 2023




City of Naperville Page 3 Printed on 4/26/2023
City Council Meeting Agenda May 2, 2023


11. 23-0524 Pass the ordinance to establish temporary traffic controls and issue
 Special Event and Amplifier permits for the 2023 Downtown Naperville Car
 Show on Saturday, June 17, 2023

12. 23-0506 Adopt the resolution authorizing approval of certain relief from Section
 6-16-5 related to the Ogden Avenue Pole Sign Grant Program

J. PUBLIC HEARINGS:

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:
1. 23-0379 Approve the award of the Option Year One to Contract 20-020, Tree
 Removal and Disposal, to Lewis Tree Service for an amount not to exceed
 $2,369,503 and a three-year term

N. PETITIONS AND COMMUNICATIONS:

O. REPORTS AND RECOMMENDATIONS:
1. 23-0484 Receive the 2023 first-quarter financial report


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.




City of Naperville Page 4 Printed on 4/26/2023

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



 Meeting Minutes

 City Council


Tuesday, May 2, 2023 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)
Please note that WCNC is currently unavailable to AT&T U-verse (Ch. 99) customers. We
encourage these customers to view meetings online at https://naperville.legistar.com.
• Watch online at https://naperville.legistar.com

TO SUBMIT PUBLIC COMMENT OR SPEAK LIVE AT THE MEETING: To address the City
Council in-person in City Council Chambers, members of the public must register by 4 p.m. on
May 2 at: www.naperville.il.us/speakersignup

The public may choose to provide public comment in any of the following ways:
1. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on May
2. 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.

2. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda
item. 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.

3. Address the City Council live during the City Council meeting in-person in City Council
Chambers. Individuals wishing to address the Council during the meeting must sign up to speak
by 4 p.m. on May 2.
Online sign-up closes at 4 p.m. on May 2, at which time no other speakers or comments will be
accepted. There will be no on-site speaker sign up.

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 May 2.

• Questions regarding online sign-up may be directed to the Community Services Department by
calling (630) 305-5300.




City of Naperville Page 1 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023

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:

 Wehrli called the meeting to order at 7:00 p.m.

B. ROLL CALL:

C. CLOSED SESSION - CANCELED

OPEN SESSION - 7:00 p.m.


D. 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




 Also Present
 City Manager, Doug Krieger; City Attorney, Mike DiSanto; Director of
 Community Services/City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis;
 Police Chief, Jason Arres; Director of Finance, Rachel Mayer; Director of IT,
 Jacqueline Nguyen; Director of TED, Bill Novack; Deputy Director of TED,
 Allison Laff; Deputy Director of Public Utilities - Electric, Olga Geynisman;

City of Naperville Page 2 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023

 Director of Public Utilities - Water, Darrell Blenniss, Jr.; Director of Public
 Works, Dick Dublinski, Director of Communications, Linda LaCloche; Deputy
 Director of Finance, Ray Munch

 Daily Herald, Naperville Sun, NCTV-17


E. PLEDGE TO THE FLAG:

 The pledge was given.

F. AWARDS AND RECOGNITIONS:

1. Present the Accessible Community Task Force student recognition awards

 Bruzan Taylor presented the Proclamation.

2. Recognize the District 203 High School Architectural Class competition winners

 Wehrli announced that the students were unavailable and that the awards will
 be presented at a later date.

3. Proclaim May 2023 as Mental Health Awareness Month in the City of Naperville

 Bruzan Taylor presented the Proclamation.

4. Proclaim May 14-20, 2023 as National Police Week in the City of Naperville

 Bruzan Taylor presented the Proclamation.

 WRITTEN COMMENT ONLY
 Chris Muir (Naperville) - Police Week - Thank you to Democrats for declaring
 national police week. It is a week to honor the men and women who risk their
 lives every day in the line of duty. Thank you to all the police locally and
 nationally. I look forward to thanking Naperville police personally


5. Proclaim May 13, 2023 as the 31st Annual Letter Carriers’ “Stamp Out Hunger” Food
 Drive Day
 Bruzan Taylor presented the Proclamation.

G. PUBLIC FORUM:

 Naperville Support of Illinois Base Energy Code Update
 Carl VanDril (Naperville - NEST - Naperville Environment and Sustainability
 Task Force) urged Council to join the support of Illinois code updates without
 weakened provisions.

 Naperville business
 Robert Bevis (Naperville) asked Council to stop enforcement of the sales ban
 ordinance and begin negotiations regarding civil rights and financial relief.

City of Naperville Page 3 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023



 Naperville business
 Thomas Ewald (Naperville) spoke against the Naperville gun sales ban.

 Naperville business
 John Coyne (Naperville) spoke against the Naperville gun sales ban.

 Naperville business
 Katrina Karczewski (Naperville) spoke against the Naperville gun sales ban.

 Pending Litigation
 Hannah Hill (Loveland, CO - Research and Policy Director, National Foundation
 for Gun Rights) spoke against the Naperville gun sales ban.

 Pending Litigation
 Dudley Brown (Loveland, CO - President of the National Association for Gun
 Rights) spoke against the Naperville gun sales ban.

 2nd Amendment rights
 Marc Berkowicz (Naperville) spoke against the Naperville gun sales ban.

 Christine Jeffries (Naperville - Naperville Development Partnership) discussed
 the I-88 corridor, compared tax revenue from office buildings ($1.2M) versus
 distribution logistics warehouses ($650K), and asked Council to review the
 current ORI zoning ordinance.

 Pending Litigation
 Dianne McGuire (Naperville) spoke in favor of the Naperville gun sales ban.

 Regulation of Commercial Sale of Assault Rifles
 Laura Morgan (Naperville) spoke in favor of the Naperville gun sales ban.

 Naperville Forward Flyer Election
 Becky Rudolph (Naperville) discussed trademark infringement of the Naperville
 logo and the conflict of interest ordinance.

 POSITION STATEMENT
 Naperville assault weapons sales ban - SUPPORT
 Ralph Badrina (Aurora)
 Ken Powell (Naperville)
 Gary Grissinger (Lisle) - Anti firearm, and law weapons
 Sandip Ghosal (IL)
 James Beltrame (Melrose Park)

 Suspending Assault weapons ordinance - SUPPORT
 Kenneth Powell (Naperville) - Law weapons and supplies
 Ken Powell (Naperville)
 Michelle Powell (Aurora) - Law Weapons and Supply

 WRITTEN COMMENT ONLY
 Demetrius Mathis (Naperville)- Naperville police written warnings - I was

City of Naperville Page 4 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023

 stopped by the Naperville police on April 28, 2023 at 1:58. the officer thought I
 was on my cell phone because I had my hand near my face when he saw me.
 once he pulled me over he took my drivers license got my insurance information
 and concluded that from his observation when he approached my car that I was
 not on my phone, however I was given a written warning. the officer did say that
 the warning is not a citation or anything but it just acknowledges the reason why
 he stopped me. The officer was very polite and professional. I'm just concerned
 by the fact that it says "written warning" . I think Officers should be given or have
 the opportunity to document stops and not give a written warning, but maybe
 give a document that sites the reason why but not say written warning because
 that looks like I was actually doing something wrong. Thank you.

 John A. Ruggiero (Naperville)- Law and Weapon Suspension of Sales- Law and
 Weapons has been providing comprehensive services, including firearm sales,
 safety education and repair services to the greater Naperville community, even
 providing services to our police department as requested. Then in 2022,
 Naperville enacted an ordinance severely affecting Law Weapons and all
 American’s constitutional rights. Naperville did this preemptively with little
 thought to any benefit, harm, or even financial risk to our City. I respectively ask
 that Law and Weapon be allowed to operate unimpeded and the current
 Naperville ordinance is suspended until a Supreme Court ruling is determined.

 Stephen Weiss (Naperville)- No, I am a United States Citizen, a 34 year resident
 of Naperville, and a Home owner - Unconstitutional gun ban- The City of
 Naperville in passing the Unconstitutional gun Ban, that your very own Benny
 White is quoted as saying" WE HAVE TO DO SOMETHING EVEN IF IT DOES
 NOTHING"...is wrong..The FEDERAL JUDGE in the case against Pritzger ruling
 is very clear...So your Ban, DID NOT DO NOTHING....you are I FIRMLY believe
 in Violation of several amendments of the Constitution.....something B White
 should be aware of since as a Military Officer he swore an oath to uphold the
 Constitution. Despite your PRO BONO law firms assurances that the Naperville
 ordanance is SOUND.......you are going to lose, and I very much hope that the
 two business' in Naperville who your ordanace has SEVERLY DAMAGED are
 successful in filing suit for lost revenues, both against the City of Napervilleand
 EACH MEMBER OF THE Board as individuals who voted in favor of the
 ordanance.

 Bryan- (Aurora) - BCJK Safety, LLC- Assault Weapons Ban- You have pushed
 more FFLs to be created in the immediate area. I hope this goes to the
 supreme Court. Just like Justice McGlynn shut down the Illinois ban, yours will
 be crushed as well.

 Terrence Alan Swatkowski (Naperville) - Naperville City Council Ban on Rifles-
 I'm in support of Robert Bevis, owner of Law Weapons, in Naperville. The fact
 that the Naperville City Council, and more recently Governor Pritzker, joined in
 an outright assault on our God-Given Constitutional Rights is appalling. I joined
 Robert in his lawsuit against the City of Naperville and Governor Pritzker to
 defeat these unconstitutional ordinances and laws and to protect our Second
 Amendment Rights. You should all be ashamed of your behavior to try to
 abridge your fellow American's of our full Constitutional Rights. If you don't take
 your oath to defend and protect the U.S. Constitution from all enemies foreign

City of Naperville Page 5 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023

 and domestic seriously, please resign your post immediately!

 Kenneth Powell (Naperville)- Assault weapons ban ordinance - This ordinance /
 ordinances of like needs to be lifted as it violates our 2nd amendment
 constitutional rights and also puts unconstitutional restrictions on law abiding
 citizens , gun owners and businesses within the city limits from supplying
 commonly used and purchased rifles , parts and magazines from being legally
 purchased within the city limits , This ordinance is also causing a direct and
 devastating financial loss burden on the federally licensed law abiding gun
 shops and businesses , its residents and citizens within the city limits of
 naperville because of this unjust ordinance restricts the sales of these decades
 old and commonly used rifles, magazines and parts from being purchased by
 lawful and responsible gun owners and concealed carry permit residents and
 non residents who frequent these businesses for their gunsmithing , sales and
 services and knowledge staff and the employees they keep employed and to the
 safe environment they provide , the revenue & taxes paid and the services they
 provide to the residents of Naperville and the patrons that live outside the city on
 Naperville and surrounding cities suburbs & towns that include and impact
 Police agencies and their fellow officers , families and their extended family
 members who use and frequent these businesses for their services , Service
 weapons , ammunition and accessories range time and to every single law
 abiding gun owner citizen. hunter , sportsman and to our fundamental right to
 keep and bare & housed legally obtained firearms and it's commonly used
 accessories by law abiding citizens and that right shall not be infringed upon by
 any body or form of government entity or by this unjustified act of this ordinance
 and to which i firmly believe to be a unconstitutional ordinance. Which if left in
 place and not removed by this Mayor and city council may cause these
 businesses to loose a substantial portion of their business services & revenue
 and possibly close their doors for good and for its Naperville residents and its
 surrounding town's citizens unable to adequately protect their families, their
 family owned businesses & liveliyhood that has and will continue to be directly
 effected if this ordinance is not removed from its books . Please revoke and
 remove this ordinance. My voice is just one of hundreds if not thousands that
 are here today in support and hopes this council and council members hears
 our voices and petition to remove and revoke this ordinance in this town of
 Naperville il of which I have been a resident of 12 years

 Nick Koutsokos (Glenview) - I understand there is a loss of income with any
 future purchase of an assault weapon as there is with any ban but we have to
 remember that these are weapons of war sold and marketed to kill. This is why
 they're marketed and sold under the pretense of "self protection" while in reality
 they are made to shoot long range, high speed and high impact to do the most
 damage possible. As far as the 2nd Amendment which begins with "well
 regulated" in it's wording, we must call that out as these weapons were NOT
 legal in America for decades so how did this technology start being part of the
 2nd amendment when the ban lapsed? Remember Ronald Reagan clearly
 stated that these weapons of war shall not hit out streets. How much death, fear
 and destruction has to happen to overcome money and income of those in the
 gun industry and when did a way to make money become prioritized over
 safety? Perhaps our kids shouldn't have seat belts because auto manufacturers
 would lose $$ putting them in. These weapons must be permanently banned for

City of Naperville Page 6 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023

 our right to freedom as we are not free to live while they're in circulation.

 Sean Patrick Mikels (South Chicago Heights) - Rights to bear arms shall not be
 infringed upon.- As the constitution of the United States clearly states the right to
 bear arms.......yes back when the constitution was written they didn't know that
 AR style rifles were to be produced, but the word arms back then clearly meant
 a rifle, pistol, heck a pocket knife. So if you walk around with a knife of any sort
 that is weapon hence arms. Oh and what about the commonly carried pepper
 spray by most women these days, that is a weapon hence arms that can be
 used for safety and protection not to mention evidence if sued in court!!??, so
 why are you banning so called Assult Weapons which if you understood the
 definition would know they were banned in the 1934 and are fully automatic
 rifles. Why are we not focusing on the real problems? Mental health and
 addiction in your town?? I hope that with all other people speaking and
 producing facts that you who took oath would not hold law abiding citizens
 accountable and start focusing on the real problems!! An armed society is a
 polite society! Thank you for your time sincerely Sean Mikels

 Marilyn Schweitzer (Naperville) - I’m very pleased to learn that the City and
 Century Walk Corporation as of May 1, 2023 have a signed agreement. This
 helps both parties have a clear understanding moving forward as well as
 establishing trust within the community. My thanks to all who made this happen
 and who were willing to compromise. I am a strong proponent of cultural
 aspects such as Century Walk, the River Walk, the Millennium Carillon, Naper
 Settlement, Historic Preservation, and various SECA grants. I realize these may
 seem non-essential aspects of city government, but they greatly contribute to
 the well being and reflect the spirit of our Naperville community. To maintain
 public trust, they require the same oversight, fiscal responsibility, and
 transparency as do all our city services. Again, thank you.

 Adam Greenberg (Wilmette) - Brady Campaign To Prevent Gun Violence - Our
 understanding is that gun advocates are showing up at today's Naperville City
 Council meeting to push for a repeal of the Assault Rifle Ordinance 22-0963 in
 the city of Naperville despite it not being on tonight's agenda. To the civilians of
 Naperville and surrounding regions, the ordinance is overwhelmingly welcome.
 There is no need to own, much less sell these horrifying weapons that are
 designed to inflict maximum carnage on their targets with unbelievable speed
 and efficiency. Weapons of war have no place in our communities. There
 cannot possibly be a justification for a use-case for having to use high capacity
 magazines and semi-automatic technology to shoot a target. There are plenty
 of other means of self-defense, hunting, etc including legally obtained firearms
 that are not banned based on this ordinance. The only outcome of repealing the
 Assault Rifle Ordinance will be more bloodshed and lives lost. Your community
 did a wonderful thing by making this change to the municipal code & we need to
 continue to prioritize outlawing these deadly weapons. Thank you! ~Adam

 Susan Marshall (NAPERVILLE) - Commercial Sale of Assault Rifles - I
 understand that with a new council being sworn in this week, there will be some
 voices raised against the Naperville ordinance against the sale of assault rifles. I
 stand in support of this ordinance. Several newly elected city officials ran on a
 platform focusing on the safety of our community. This ordinance also

City of Naperville Page 7 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023

 promotes the safety of our citizens and visitors. It demonstrates our
 commitment to ensuring that what happened to our neighbors in Highland Park
 will not happen here. We don’t live in a bubble and this is not the sole answer.
 However, it is a positive step that demonstrates the leadership of the City of
 Naperville in promoting public safety on a regional and national level. Some may
 support the right of citizens to purchase these weapons. This law still allows
 such purchases, but not within Naperville. I am sorry to hear it adversely affects
 employees of the Naperville gun shop, and am frankly surprised to hear that
 assault rifles comprise such a large portion of their sales. Is the effect on
 business employment something we consider in the awarding of liquor
 licenses? It seems that both of these have an effect on public safety that
 transcends the effect on employment. I have also heard that some people are
 concerned about the cost of lawsuits challenging the constitutionality of the law.
 As a resident of Naperville since 1980, I am happy to commit city funds (my tax
 dollars) to promoting the physical safety of our citizens, law enforcement
 officers and all who visit our city. Please continue to support the regulation of
 the commercial sale of assault rifles in its current form to keep our community
 safe.



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

I. CONSENT AGENDA:
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 approve the Consent Agenda with an amendment to Item I.1: the minutes from
 the April 18, 2023 Council meeting, as reflected in Ms. Schweitzer’s May 1, 2023
 email to the Council. The motion carried by the following vote:

 Aye: 9- Wehrli, Bruzan Taylor, Holzhauer, Kelly, Leong, Longenbaugh, McBroom, White,
 and Wilson

1. Approve the regular City Council meeting minutes of April 18, 2023

 WRITTEN COMMENT ONLY
 Marilyn Schweitzer (Naperville) My thanks to staff for their willingness to update
 the minutes on May 2, 2023 to more accurately represent what I stated at the
 April 18, 2023 City Council Meeting


 Council approved as amended.


2. Approve the City Council meeting schedule for May, June and July 2023

 Council approved.


3. Approve the award of Cooperative Procurement 23-101, 138kV Hitachi Circuit Breakers,

City of Naperville Page 8 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023

 to Wesco for an amount not to exceed $860,220
 Council approved.


4. Approve the award of Option Year One to Bid 21-241, Excavation and Underground
 Utility Repairs, to Baish Excavating, Inc., and IHC Construction Companies, LLC for an
 amount not to exceed $213,572 plus a 5% contingency
 Council approved.


5. Approve the award of Bid 23-063, 2023 Pavement Markings to Precision Pavement
 Markings, Inc. for an amount not to exceed $207,479.59 plus a 5% contingency
 Council approved.


6. Approve the award of RFQ 22-114 Work Order #4, Engineering Services for Central
 Elevated Water Tank Relocation, to Baxter & Woodman, Inc. for an amount not to exceed
 $192,670, plus a 5% contingency
 Blenniss discussed the condition assessment, rehabilitation versus moving the
 tower, that the tower needs to remain at the current location but will be moved
 to the southeast corner of the lot, and construction will begin next year.
 Council approved.


7. Approve the award of RFQ 22-249, Land Surveying Services, to Accurate Group, Inc;
 Alfred Benesch & Company; Baxter & Woodman; Gewalt Hamilton Associates, Inc; and
 Mackie Consultants, LLC as approved vendors for future projects and for a two-year term
 Council approved.


8. Waive the first reading and pass the ordinance amending Section 7-1-3:2 of the
 Naperville Municipal Code to add the transitional use (TU) zoning district
 ORD 23-058

 Council waived the first reading and passed


9. Pass the ordinance approving setback and driveway variances for the property located at
 104 Triton Lane - PZC 22-1-125
 ORD 23-059

 Council passed.


10. Pass the ordinance to establish temporary traffic controls and issue Special Event and
 Amplifier permits for the Marquette Properties 40th Anniversary Celebration scheduled
 on Tuesday, June 13, 2023
 The Municipal Code requires all City Council members make a disclosure if
 they accepted a campaign contribution in excess of $750 from a public
 participant during the 2021 or 2023 election.

 Wehrli disclosed a contribution from the event organizer.
City of Naperville Page 9 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023



 ORD 23-060
 Council passed.


11. Pass the ordinance to establish temporary traffic controls and issue Special Event and
 Amplifier permits for the 2023 Downtown Naperville Car Show on Saturday, June 17,
 2023
 ORD 23-061

 Council passed.


12. Adopt the resolution authorizing approval of certain relief from Section 6-16-5 related to
 the Ogden Avenue Pole Sign Grant Program
 RES 23-18

 Council adopted.

J. PUBLIC HEARINGS:

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

1. Approve the award of the Option Year One to Contract 20-020, Tree Removal and
 Disposal, to Lewis Tree Service for an amount not to exceed $2,369,503 and a
 three-year term
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 approve the award of the Option Year One to Contract 20-020, Tree Removal and
 Disposal, to Lewis Tree Service for an amount not to exceed $2,369,503 and a
 three-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. Receive the 2023 first-quarter financial report

 Mayer gave the presentation and focused on first quarter, revenue and
 expenditure summaries, and the 2023 CIP.

 Council asked about the spending timeline of ARPA funds and the decline in
 real estate transfer tax revenue.

 Mayer explained the ARPA funds, that the City received $13M, that nothing has

City of Naperville Page 10 Printed on 5/17/2023
City Council Meeting Minutes May 2, 2023

 been spent to date, and that the outgoing Council believed it would be more
 appropriate to work with the incoming Council to decide projects. She explained
 eligible uses and restrictions, that the funds must be obligated by Dec 31, 2024
 and spent by Dec 31, 2026, that the City's goal is to do something strategic, and
 that over the next several months staff will engage with new Council members
 to provide direction and program projects into the 2024 budget.

 Mayer also explained that 2022 was a record high in transfer tax and that the
 reduced value was anticipated and included in the 2023 budget.

P. NEW BUSINESS:

 Office Corridors and Warehouse Facilities
 Wehrli asked for, and received, Council consensus to direct staff to review the
 City’s zoning code pertaining to the ORI zoning district and bring back an
 ordinance that increases the City’s protection through greater control over these
 uses.

 Non-profit/crisis response process
 Taylor asked for, and received, Council consensus to direct Fire Department
 and Emergency Management staff to form a working group with the goal of
 improving both long-term and short-term natural disaster response.

Q. ADJOURNMENT:
 A motion was made by Councilman White, seconded by Councilman Kelly, to
 adjourn the Regular City Council Meeting of May 2, 2023 at 8:19 p.m. The motion
 carried by a voice vote.




 /S/ Pam Gallahue
 Pam Gallahue, PhD
 Community Services Director/City Clerk




City of Naperville Page 11 Printed on 5/17/2023