City Council — Naperville, IL
Date: 2023-04-18

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



 Meeting Agenda

 City Council

Tuesday, April 18, 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
April 18 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
April 18. 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 April 18.
Online sign-up closes at 4 p.m. on April 18, 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 April 18.
• 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 4/12/2023
City Council Meeting Agenda April 18, 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 - 6:30 p.m.

OPEN SESSION - 7:00 p.m.


D. ROLL CALL:

E. PLEDGE TO THE FLAG:

F. AWARDS AND RECOGNITIONS:
1. 23-0477 Proclaim April 16-23, 2023 Earth Week in Naperville

2. 23-0481 Proclaim April 28, 2023 as Arbor Day in the City of Naperville

3. 23-0482 Proclamation April 2023 Military Child Month


G. PUBLIC FORUM:

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

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City Council Meeting Agenda April 18, 2023



I. CONSENT AGENDA:
1. 23-0445 Approve the Cash Disbursements for the period of 03/01/2023 through
 03/31/2023 for a total of $29,073,115.02

2. 23-0364 Approve the regular City Council meeting minutes of April 5, 2023

3. 23-0405 Approve the City Council meeting schedule for April, May, June and July
 2023

4. 23-0446 Waive the applicable provisions of the Naperville Procurement Code in
 order to establish pricing for the 2023 construction season and award
 Procurement RFQ 23-071, Concrete Restoration Program - Citywide, to
 various contractors for an amount not to exceed $350,000 and for the
 period of May 1, 2023 through December 31, 2023 (requires six positive
 votes)

5. 23-0417 Approve the award of Bid 23-004, 2023 Street Patching Program, to
 Chicagoland Paving Contractors for an amount not to exceed $600,000,
 plus a 3% contingency

6. 23-0406 Approve the award of Bid 22-277, Naper Boulevard Stormwater Lift
 Station Rehabilitation, to Martam Construction, Inc. for an amount not to
 exceed $962,740, plus a 3% contingency

7. 23-0443 Approve the award of Bid 23-052, Brush Collection Services, to Steve
 Piper and Sons and Trees “R” Us, Inc. for an amount not to exceed
 $493,936 and for a two-year term
8. 23-0361 Approve the award of Bid 23-005, 2023 Micro-Surfacing Program, to
 Microsurfacing Contractors, LLC for an amount not to exceed
 $848,845.25, plus a 3% contingency (Item 1 of 2)
9. 23-0362 Adopt an IDOT resolution in the amount of $827,625.25 to allow
 expenditure of State Motor Fuel tax dollars to fund the 2023
 Micro-Surfacing Program (Item 2 of 2)

10. 23-0402 Approve the award of Bid 23-003, 2023 Crackfilling Program, to Denler
 Inc. for an amount not to exceed $331,639, plus a 5% contingency (Item 1
 of 2)

11. 23-0404 Adopt the IDOT resolution in the amount of $331,639 to allow expenditure
 of State Motor Fuel tax dollars to fund the 2023 Crackfilling Program (Item
 2 of 2)

12. 23-0439 Approve the award of Option Year One to Sole Source Procurement
 21-094, Leaf Disposal Services, to BioAg for an amount not to exceed
 $100,000 (Item 1 of 2)


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City Council Meeting Agenda April 18, 2023


13. 23-0440 Adopt the resolution authorizing the City Manager to enter into an
 agreement to lease two parcels of City property to Drendel Farms for leaf
 disposal (seven positive votes required) (Item 2 of 2)

14. 23-0434 Approve the award of Option Year Two to Contract 21-128, Emergency
 and Amber Lighting and Related Equipment, to Fleet Safety Supply, Inc. for
 an amount not to exceed $175,000 and for a one-year term
15. 23-0468 Pass the ordinance approving a variance to allow the issuance of a Class
 D - Package Store liquor license for a premise less than 60,000 square
 feet to Star 7 Corporation at 3027 English Rows Avenue #115

16. 23-0437 Pass the ordinance to establish temporary traffic controls and issue
 Special Event and Amplifier permits for the 2023 Memorial Day Parade
 scheduled on Monday, May 29, 2023

17. 23-0438 Pass the ordinance to establish temporary traffic controls and issue
 Special Event and Amplifier permits for the 2023 G.L.O.W. 5K Run
 scheduled on Saturday, May 20, 2023

18. 23-0442 Pass the revised ordinance to establish temporary traffic controls to
 accommodate route changes and issue Special Event and Amplifier
 permits for the 2023 Naperville Women’s Half Marathon and 5K scheduled
 on Sunday, April 23, 2023

J. PUBLIC HEARINGS:
1. 23-0309B Receive the report for Naperville Wheaton Townhomes (Pearl Subdivision)
 located at 5S275 and 5S311 Naperville/Wheaton Road and conduct the
 public hearing to consider an amendment to the Annexation Agreement -
 PZC 23-1-002 (Item 1 of 5)

2. 23-0464 Pass the ordinance revoking ordinance 19-019 and ordinance 19-094 -
 PZC 23-1-002 (Item 2 of 5)

3. 23-0465 Pass the ordinance authorizing the execution of an amendment to the
 Leigh Subdivision Annexation Agreement for Naperville Wheaton
 Townhomes (Pearl Subdivision) - PZC 23-1-002 (Item 3 of 5)

4. 23-0466 Pass the ordinance approving variances for Naperville Wheaton
 Townhomes (Pearl Subdivision) - PZC 23-1-002 (Item 4 of 5)

5. 23-0467 Pass the ordinance approving a variance to the exterior wall construction
 requirements - PZC 23-1-002 (Item 5 of 5)

K. OLD BUSINESS:




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City Council Meeting Agenda April 18, 2023



L. ORDINANCES AND RESOLUTIONS:
1. 22-1576B Receive the staff report for 10 Martin Avenue and 801 S. Washington
 Street (Naperville Medical Office Building) - PZC 22-1-030 (Item 1 of 3)

2. 23-0381 Pass the ordinance rezoning certain property located at 10 Martin Avenue
 from OCI (Office/Commercial/Institutional District) to HS (Health Services
 District) (Naperville Medical Office Building) - PZC 22-1-030 (Item 2 of 3)

3. 23-0382 Pass the ordinance approving multiple variances related to setbacks and
 signage for certain property located at 10 Martin Avenue and 801 S.
 Washington Street (Naperville Medical Office Building) - PZC 22-1-030
 (Item 3 of 3)

4. 23-0479 Adopt the resolution authorizing the City Manager to enter into an
 agreement between the City and the Century Walk Corporation (Item 1 of
 2)

5. 23-0480 Approve the Calendar Year 2023 SECA Grant Fund Program City
 Obligation allocation (Year 2 of 3) to Century Walk for the establishment of
 capital public art projects in the amount of $100,000 and for maintenance
 of public art in the amount of $50,000 (Item 2 of 2)
6. 23-0478 Pass the ordinance repealing Section 1-13-1:1 of the Naperville Municipal
 Code striking the regulation requiring public disclosure of certain
 campaign contributions

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:
1. 23-0352 Approve the award of Bid 23-006, 2023 Sidewalk and Curb Maintenance
 Program, to Schroeder & Schroeder, Inc for an amount not to exceed
 $1,182,905, plus a 3% contingency

2. 23-0380 Approve the award of Cooperative Procurement 23-084, Advanced
 Timekeeping and Scheduling Software, to Ultimate Kronos Group Inc., for
 an amount not to exceed $1,327,112, plus a 3% contingency, and for a
 five-year term

3. 23-0278 Approve the award of Bid 23-046, Fuel Delivery - Motor Fuel & Tank
 Wagon, to Luke Oil Company, Inc and Al Warren for an amount not to
 exceed $1,772,166.55 and for a one-year term
4. 23-0427 Approve the award of Bid 23-001, 2023 Street Resurfacing Program -
 MFT, to K-Five Construction, for an amount not to exceed $6,720,546.20,
 plus a 3% contingency (Item 1 of 2)




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City Council Meeting Agenda April 18, 2023


5. 23-0428 Adopt the IDOT resolution in the amount of $6,720,546.20 to allow
 expenditure of State Motor Fuel tax dollars to fund the 2023 Street
 Resurfacing Program - MFT (Item 2 of 2)

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.




City of Naperville Page 6 Printed on 4/12/2023

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



 Meeting Minutes

 City Council


Tuesday, April 18, 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
April 18 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
April 18. 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 April 18.
Online sign-up closes at 4 p.m. on April 18, 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 April 18.
• 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 5/22/2023
City Council Meeting Minutes April 18, 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:
 Chirico called the meeting to order at 6:30 p.m.

B. 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

C. CLOSED SESSION - 6:30 p.m.
 A motion was made by Councilman Hinterlong, seconded by Councilman White,
 to recess to Closed Session to discuss 120/2(c)(21) Approval of Minutes. The
 motion carried by the following vote:

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

OPEN SESSION - 7:00 p.m.

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

D. ROLL CALL:




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City Council Meeting Minutes April 18, 2023

 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;
 Police Chief, Jason Arres; Director of Finance, Rachel Mayer; Director of IT,
 Jacqueline Nguyen; Director of TED, Bill Novack; Director of Public Utilities -
 Electric, Brian Groth; Director of Public Utilities - Water, Darrell Blenniss, Jr.;
 Director of Public Works, Dick Dublinski, Director of Communications, Linda
 LaCloche; Deputy Director - Finance, Ray Munch

 Daily Herald, Naperville Sun, NCTV-17


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

F. AWARDS AND RECOGNITIONS:

1. Proclaim April 16-23, 2023 Earth Week in Naperville

 White presented the Proclamation.

 WRITTEN COMMENT ONLY
 Catherine Clarkin (Naperville) - Naperville Environment and Sustainability Task
 Force (NEST) Mayor and Council, On behalf of the Naperville Environment and
 Sustainability Task Force (NEST), we would like to thank Councilwoman
 Theresa Sullivan for being our liaison for the last two years. Councilwoman
 Sullivan’s advice and insights helped us navigate interactions with city staff and
 Council. She was instrumental in getting us an important meeting with our
 electricity provider, IMEA, which has helped us better understand the obstacles
 we need to go around in order to reduce our greenhouse gas emissions. We
 appreciated her commitment to making Naperville a more sustainable city and
 wish her well in her future endeavors. She will be missed on Council and as
 our liaison. We would also like to thank you for the official recognition of Earth
 Week at tonight’s Council meeting. It raises awareness about environmental
 issues and encourages people to take action. By organizing events and
 activities, Naperville will help to inspire its residents to make small changes in
 their daily lives that collectively can have a significant impact on the
 environment. Recognizing Earth Week is a powerful symbol of a city's
 commitment to sustainability. This recognition can help to foster a sense of

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City Council Meeting Minutes April 18, 2023

 community and social responsibility. When a city comes together like this, it
 sends a message that environmental stewardship is a shared responsibility. By
 working together, individuals, businesses, and government can create a more
 sustainable future for all. Thank you. Cathy Clarkin NEST Co-Chair


2. Proclaim April 28, 2023 as Arbor Day in the City of Naperville

 White presented the Proclamation.

3. Proclamation April 2023 Military Child Month

 White presented the Proclamation.

G. PUBLIC FORUM:
 Boarding houses within city limits
 Tim Messer (Naperville) urged Council to be more proactive regarding
 boarding houses.

 Plant trees in Meadow Glen
 Sherry Huang (Naperville) discussed downed trees as a result of the 2021
 tornado and asked the City to allocate funding to plant replacement trees in the
 parkway and on private property.

 Recognize Paul Hinterlong
 Anna Zimmerman (Warrenville) thanked Councilman Hinterlong for his years of
 service to the Naperville community.

 Traffic Stop and Ticket for Burned Headlight
 Basim A. Esmail (Naperville) discussed a recent ticket received.

 Council discussed the incident and stated the Police Department handled it
 appropriately.

 Election issues
 Mimi Cowan discussed election mailers.

 Chirico explained that PSAP received a call of a potential drowning victim in
 the quarry on Monday, April 17, that the Naperville Fire Department and
 partner communities did a search and located no one, and no one has been
 reported missing.


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:

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City Council Meeting Minutes April 18, 2023


 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 03/01/2023 through 03/31/2023 for
 a total of $29,073,115.02
 Council approved.


2. Approve the regular City Council meeting minutes of April 5, 2023

 Council approved.


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

 Council approved.


4. Waive the applicable provisions of the Naperville Procurement Code in order to
 establish pricing for the 2023 construction season and award Procurement RFQ
 23-071, Concrete Restoration Program - Citywide, to various contractors for an
 amount not to exceed $350,000 and for the period of May 1, 2023 through December
 31, 2023 (requires six positive votes)
 Council waived and awarded.


5. Approve the award of Bid 23-004, 2023 Street Patching Program, to Chicagoland
 Paving Contractors for an amount not to exceed $600,000, plus a 3% contingency
 Council approved.


6. Approve the award of Bid 22-277, Naper Boulevard Stormwater Lift Station
 Rehabilitation, to Martam Construction, Inc. for an amount not to exceed $962,740,
 plus a 3% contingency
 Council approved.


7. Approve the award of Bid 23-052, Brush Collection Services, to Steve Piper and Sons
 and Trees “R” Us, Inc. for an amount not to exceed $493,936 and for a two-year term
 Council approved.


8. Approve the award of Bid 23-005, 2023 Micro-Surfacing Program, to Microsurfacing
 Contractors, LLC for an amount not to exceed $848,845.25, plus a 3% contingency
 (Item 1 of 2)
 Council approved.


9. Adopt an IDOT resolution in the amount of $827,625.25 to allow expenditure of State
 Motor Fuel tax dollars to fund the 2023 Micro-Surfacing Program (Item 2 of 2)
 RES 23-13

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City Council Meeting Minutes April 18, 2023

 Council adopted.


10. Approve the award of Bid 23-003, 2023 Crackfilling Program, to Denler Inc. for an
 amount not to exceed $331,639, plus a 5% contingency (Item 1 of 2)
 Council approved.


11. Adopt the IDOT resolution in the amount of $331,639 to allow expenditure of State
 Motor Fuel tax dollars to fund the 2023 Crackfilling Program (Item 2 of 2)
 RES 23-14

 Council adopted.


12. Approve the award of Option Year One to Sole Source Procurement 21-094, Leaf
 Disposal Services, to BioAg for an amount not to exceed $100,000 (Item 1 of 2)
 Council approved.


13. Adopt the resolution authorizing the City Manager to enter into an agreement to lease
 two parcels of City property to Drendel Farms for leaf disposal (seven positive votes
 required) (Item 2 of 2)
 RES 23-15

 Council adopted.


14. Approve the award of Option Year Two to Contract 21-128, Emergency and Amber
 Lighting and Related Equipment, to Fleet Safety Supply, Inc. for an amount not to
 exceed $175,000 and for a one-year term
 Council approved.


15. Pass the ordinance approving a variance to allow the issuance of a Class D - Package
 Store liquor license for a premise less than 60,000 square feet to Star 7 Corporation
 at 3027 English Rows Avenue #115
 ORD 23-048

 Council passed.


16. Pass the ordinance to establish temporary traffic controls and issue Special Event and
 Amplifier permits for the 2023 Memorial Day Parade scheduled on Monday, May 29,
 2023
 ORD 23-049

 Council passed.


17. Pass the ordinance to establish temporary traffic controls and issue Special Event and
 Amplifier permits for the 2023 G.L.O.W. 5K Run scheduled on Saturday, May 20,
 2023
 ORD 23-050

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City Council Meeting Minutes April 18, 2023

 Council passed.


18. Pass the revised ordinance to establish temporary traffic controls to accommodate
 route changes and issue Special Event and Amplifier permits for the 2023 Naperville
 Women’s Half Marathon and 5K scheduled on Sunday, April 23, 2023
 ORD 23-051

 Council passed.

J. PUBLIC HEARINGS:

1. Receive the report for Naperville Wheaton Townhomes (Pearl Subdivision) located at
 5S275 and 5S311 Naperville/Wheaton Road and conduct the public hearing to
 consider an amendment to the Annexation Agreement - PZC 23-1-002 (Item 1 of 5)
 Vincent M. Rosanova (Petitioner) described the proposed development of two
 townhome buildings consisting of 19 dwelling units and a surface parking lot
 consisting of 40 off-street parking spaces.

 Public hearing opened at 7:46 p.m.

 Clifton Shay spoke against the proposed development.

 Jim Knef (Petitioner's engineer) described the stormwater management plan.

 Novack described the City's stormwater management plan and spoke in favor
 of the storm sewer system being proposed by the Petitioner.

 Rosanova concurred with the speaker’s recommendation to install an 8’ fence,
 explained outreach efforts to residents, the school district and park district, and
 the open house at one of the libraries. He stated that the open house was not
 well attended and explained the concerns that were raised by those that did
 attend.

 Council discussed the number of guest parking spaces proposed, that the
 project will diversity the housing stock, that variances approved on this
 development may not be appropriate for others, and clarified that all variances
 requested will be reviewed on a case by case basis.

 Rosanova explained that property management companies will be interviewed
 and parking supply will be managed by permits.

 POSITION STATEMENT
 Renee Hacker - OPPOSE
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to closed the public hearing at 7:51 p.m. to consider an amendment to the
 Annexation Agreement and receive the report for Naperville Wheaton
 Townhomes (Pearl Subdivision) located at 5S275 and 5S311 Naperville/Wheaton
 Road - PZC 23-1-002. The motion carried by a voice vote.

2. Pass the ordinance revoking ordinance 19-019 and ordinance 19-094 - PZC 23-1-002
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City Council Meeting Minutes April 18, 2023

 (Item 2 of 5)
 ORD 23-052

 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to pass the ordinance revoking ordinance 19-019 and ordinance 19-094 - PZC
 23-1-002. The motion carried by the following vote:

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

3. Pass the ordinance authorizing the execution of an amendment to the Leigh
 Subdivision Annexation Agreement for Naperville Wheaton Townhomes (Pearl
 Subdivision) - PZC 23-1-002 (Item 3 of 5)
 ORD 23-053

 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to pass the ordinance authorizing the execution of an amendment to the Leigh
 Subdivision Annexation Agreement for Naperville Wheaton Townhomes (Pearl
 Subdivision) - PZC 23-1-002. The motion carried by the following vote:

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

4. Pass the ordinance approving variances for Naperville Wheaton Townhomes (Pearl
 Subdivision) - PZC 23-1-002 (Item 4 of 5)
 ORD 23-054

 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to pass the amended ordinance approving variances for Naperville Wheaton
 Townhomes (Pearl Subdivision) including replacing the proposed 6' fences with
 8' fences - PZC 23-1-002. The motion carried by the following vote:

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

 Nay: 1- Sullivan


5. Pass the ordinance approving a variance to the exterior wall construction
 requirements - PZC 23-1-002 (Item 5 of 5)
 ORD 23-055

 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to pass the ordinance approving a variance to the exterior wall construction
 requirements - PZC 23-1-002. The motion carried by the following vote:

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

K. OLD BUSINESS:

L. ORDINANCES AND RESOLUTIONS:

1. Receive the staff report for 10 Martin Avenue and 801 S. Washington Street
 (Naperville Medical Office Building) - PZC 22-1-030 (Item 1 of 3)

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City Council Meeting Minutes April 18, 2023

 Curt Pascoe (Westmont, Ryan Companies US Inc, Petitioner) described the
 proposal to demolish the existing building and constructing a new, 96,430
 square foot cardiovascular center that will complement the larger Edward
 Hospital campus.

 Council discussed the sign variance, stair access, graded path, the
 appropriateness of receiving input from the Senior Task Force, staff parking,
 width of sidewalks, access in the event of a traffic accident, and reducing the
 size of the gateway sign.

 Novack stated the proposal went to PZC but not Senior Task Force, that the
 Senior Task Force is notified of concept meetings but are not required to
 attend, the barrier-free route to Washington, and that the proposal improves
 access.

 Anissa Olley (Naperville) spoke against the proposal and variances requested.

 Marilyn Schweitzer (Naperville) opposed the development because of the lack
 of parking, unsafe Martin Ave garage entrance, poor pedestrian access, no
 tree preservation, and the lack of directional signage.

 Council discussed elevations, variances, fencing, lighting, future Riverwalk
 extension, east elevation, fire department access and egress, and ramps for
 people coming off the Riverwalk.
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to receive the staff report for 10 Martin Avenue and 801 S. Washington Street
 (Naperville Medical Office Building) - PZC 22-1-030. The motion carried by a voice
 vote.

2. Pass the ordinance rezoning certain property located at 10 Martin Avenue from OCI
 (Office/Commercial/Institutional District) to HS (Health Services District) (Naperville
 Medical Office Building) - PZC 22-1-030 (Item 2 of 3)
 ORD 23-056

 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to pass the ordinance rezoning certain property located at 10 Martin Avenue from
 OCI (Office/Commercial/Institutional District) to HS (Health Services District)
 (Naperville Medical Office Building) - PZC 22-1-030. The motion carried by the
 following vote:

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

 Nay: 1- Holzhauer


3. Pass the ordinance approving multiple variances related to setbacks and signage for
 certain property located at 10 Martin Avenue and 801 S. Washington Street
 (Naperville Medical Office Building) - PZC 22-1-030 (Item 3 of 3)
 ORD 23-057

 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to pass the amended ordinance approving multiple variances related to setbacks

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 and signage, including a 75 sq ft gateway sign, for certain property located at 10
 Martin Avenue and 801 S. Washington Street (Naperville Medical Office Building)
 - PZC 22-1-030. The motion carried by the following vote:

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

 Nay: 1- Holzhauer


4. Adopt the resolution authorizing the City Manager to enter into an agreement between
 the City and the Century Walk Corporation (Item 1 of 2)
 Philip Buchanan (Naperville) spoke against the proposed resolution.

 Marilyn Schweitzer (Naperville) discussed 3 recommendations regarding the
 exhibits, that an asset management walk be conducted, and the CY23
 obligation be tabled until an application consistent with the agreement is
 submitted.

 Mary Lou Wehrli (Naperville) discussed the agreement, stated the need to
 resubmit an updated application and conduct an asset management walk, and
 the need for increased transparency and to memorialize rights and
 responsibilities.

 Council discussed financial transparency, stipulations require “audited”
 financials and that records are subject to inspection, the appropriateness of
 expanding language to be more specific regarding what types of records will be
 acceptable, and that the City Council should have input on what projects are
 approved.

 DiSanto gave examples of what would be acceptable records and clarified that
 no funds will be allocated until a contract or invoice is presented by Century
 Walk.

 Brand Bobosky (Century Walk) stated that Century Walk will not agree to an
 audit.

 Krieger stated that if all five stipulations are not met then each Century Walk
 request for funding will need to be reviewed by the City Council.

 Council discussed projects on City-owned property, that the agreement should
 be amended to clearly state "City-owned land," and the need to have an
 accurate list of art pieces.

 DiSanto stated that staff has partnered with Century Walk to identify pieces,
 that the agreement is a starting point, and that Century Walk would prefer the
 City take ownership of as many pieces as possible.

 Bobosky discussed Century Walk's long-range plan, that he plans to retire in
 2023, and that an audit will cost $5,000.

 Krieger stated the audit would be done by a certified public accountant.



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 DiSanto stated there is insurance is for pieces located on City-owned property
 and that Century Walk is not obligated to insure pieces not on City property.

 Mayer explained the City audit is less than $100,000 and that an audit for
 Century Walk may be $1,200.

 Council stated there was no vagueness in the direction to require audited
 financials and that audits are commonly required of non-profits.

 DiSanto stated that the list of art can be reviewed in detail after the agreement
 is signed and summarized Council direction as: 1) modifying Section 2A1(2) to
 indicate grants are restricted to art on City-owned property; 2) modifying
 Section 2A1(3) to read that funds distributed to Century Walk upon submitting
 a contract or invoice to staff; 3) modifying Section 2A1(5) to read that Century
 Walk will provide audited financial statements to the City; and 4) modifying
 Section 2E to add detailed examples to “financial records” language.

 RES 23-16
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to adopt the resolution authorizing the City Manager to enter into an agreement
 between the City and the Century Walk Corporation.

 An amended motion was made by Councilman White, seconded by Councilman
 Hinterlong, to adopt the resolution authorizing the City Manager to enter into an
 agreement between the City and the Century Walk Corporation with the following
 changes: 1) modifying Section 2A1(2) to indicate grants are restricted to art on
 City-owned property; 2) modifying Section 2A1(3) to read that funds distributed
 to Century Walk upon submitting a contract or invoice to staff; 3) modifying
 Section 2A1(5) to read that Century Walk will provide audited financial
 statements to the City; and 4) modifying Section 2E to add detailed examples to
 “financial records” language. The motion carried by the following vote:

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

 Nay: 1- Holzhauer


5. Approve the Calendar Year 2023 SECA Grant Fund Program City Obligation
 allocation (Year 2 of 3) to Century Walk for the establishment of capital public art
 projects in the amount of $100,000 and for maintenance of public art in the amount of
 $50,000 (Item 2 of 2)
 Council stated that not all stipulations have been met, that SECA Commission
 provides for a clear review and approval process, discussed the
 appropriateness of removing City Obligation status, and whether Century Walk
 should be reassigned as a discretionary funding grantee.
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to approve the Calendar Year 2023 SECA Grant Fund Program City Obligation
 allocation (Year 2 of 3) to Century Walk for the establishment of capital public art
 projects in the amount of $100,000 and for maintenance of public art in the
 amount of $50,000. The motion carried by the following vote:

 Aye: 6- Chirico, Bruzan Taylor, Hinterlong, Leong, White, and Anderson



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 Nay: 3- Holzhauer, Kelly, and Sullivan


6. Pass the ordinance repealing Section 1-13-1:1 of the Naperville Municipal Code
 striking the regulation requiring public disclosure of certain campaign contributions
 Tim Messer (Naperville) spoke against the proposed ordinance.
 Marilyn Schweitzer (Naperville) spoke in favor of Councilwoman Bruzan
 Taylor’s motion.

 DiSanto explained how an item that has been tabled indefinitely can be put
 back on an agenda.

 Council discussed appropriateness of tabling indefinitely, giving staff time to
 research best practices, having a workshop to deliberate, donations raised in
 the most recent campaign, whether the dollar threshold should be raised, and
 taking the opportunity to make the ordinance better.

 POSITION STATEMENT
 Jan Pfeifer (Naperville) - OPPOSE
 Allison Longenbaugh (Naperville) - OPPOSE
 Patty (Naperville) - OPPOSE

 WRITTEN COMMENT ONLY
 Derek Miller (Naperville) - I would again like to OPPOSE the repeal
 of Section 1-13-1:1 that currently requires public disclosure of
 certain campaign contributions. The ordinance was a great step
 forward in transparency in our local government elections when it
 was originally passed and has served as a model for other
 communities. I agree that the ordinance needs to be modernized
 (even if it is only a few years old), but if you need to modernize a
 house by updating the kitchen or bathrooms you don’t do it by first
 tearing down the entire house. I appreciate the desire to give the
 new city council a fresh start, but life doesn’t always provide clean
 timelines. If there are council members who receive donations from
 the firefighter’s union and have to disclose that every time they vote
 on a budget or other item impacting firefighters, that is not an
 undue burden and is something I want to know as a constituent. I
 vehemently disagree that this ordinance has caused outside money
 to come into our community. Outside money has flowed into
 communities all over the country. Naperville is not unique in this
 regard. All of the money flowing into local elections is even more of
 a reason to strengthen Section 1-13-1:1. Please keep this
 important regulation in place and improve it. Thank you.

 Tom Rose (Naperville) I strongly disagree with this proposed
 ordinance. Transparency in government is vital to maintaining our
 trust in city government. While campaign contributions are reported
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City Council Meeting Minutes April 18, 2023

 to the Board of Elections, it is not clear to the everyday citizen if a
 Council member has received a contribution from a party directly
 related to a specific issue before the Council. There should be no
 question Council members are open about their relationships with
 those who are involved with issues before them. To repeal this
 requirement is taking a giant step backward and I really question
 the motive. At the very least, this issue should be tabled until the
 new Council gets seated in May. Naperville should lead in
 government transparency, not in making it easier for the
 good-old-boy system to flourish.

 J Murray (Naperville) I oppose repealing this ordinance as tax
 payers need more transparency on campaign contributions, not
 less. As you can see from the questions of the attorney Mr.
 DiSanto: 1. The Mayor nor any Council member has ever been
 found in violation. 2. There is no criminal or civil penalties for non
 compliance. Council has discretion to censure members who
 violate the ordinance. 3. There has been only one disclosure made
 pursuant to the ordinance and the disclosure did not impact the
 councils quorum or the councils ability to vote. Since nobody has
 ever been found in violation and only one disclosure made that
 didn’t impact a vote, it makes no sense for the urgency to repeal
 this ordinance. The urgency to overturn this ordinance is
 suspicious. It is best to keep the ordinance in place and let the new
 mayor and Council amend the current ordinance. If the ordinance is
 repealed then the new Mayor and Council will have no urgency to
 pass campaign disclosures and it threatens the transparency of the
 tax payers for the new council and Mayor as they won’t be
 compelled to disclose campaign contributions. I oppose the repeal
 of this ordinance.

 Renee Hacker (Naperville) I absolutely and vehemently oppose
 repealing the ordinance requiring public disclosure of campaign
 contributions. In the 15 years I have lived in Naperville I have seen
 more and more $$ from mega-donors and PACs pouring into our
 local elections. Campaign contributions should absolutely be
 disclosed when business comes before the council pertaining to
 individuals or groups who made those contributions. Full
 transparency should be the standard. If you have nothing to hide
 you should oppose removal of this ordinance.

 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to pass the ordinance repealing Section 1-13-1:1 of the Naperville Municipal Code
 striking the regulation requiring public disclosure of certain campaign

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City Council Meeting Minutes April 18, 2023

 contributions

 A motion in substitution was made by Councilwoman Bruzan Taylor, seconded
 by Councilman Hinterlong, to table the item to October 17, 2023 and schedule a
 September workshop to discuss improvements. The motion carried by the
 following vote:

 Aye: 7- Chirico, Bruzan Taylor, Hinterlong, Holzhauer, Leong, White, and Anderson

 Nay: 2- Kelly, and Sullivan

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:

1. Approve the award of Bid 23-006, 2023 Sidewalk and Curb Maintenance Program, to
 Schroeder & Schroeder, Inc for an amount not to exceed $1,182,905, plus a 3%
 contingency
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to approve the award of Bid 23-006, 2023 Sidewalk and Curb Maintenance
 Program, to Schroeder & Schroeder, Inc for an amount not to exceed $1,182,905,
 plus a 3% contingency. 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 Cooperative Procurement 23-084, Advanced Timekeeping and
 Scheduling Software, to Ultimate Kronos Group Inc., for an amount not to exceed
 $1,327,112, plus a 3% contingency, and for a five-year term
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to approve the award of Cooperative Procurement 23-084, Advanced
 Timekeeping and Scheduling Software, to Ultimate Kronos Group Inc., for an
 amount not to exceed $1,327,112, plus a 3% contingency, and for a five-year term.
 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 Bid 23-046, Fuel Delivery - Motor Fuel & Tank Wagon, to Luke
 Oil Company, Inc and Al Warren for an amount not to exceed $1,772,166.55 and for a
 one-year term
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to approve the award of Bid 23-046, Fuel Delivery - Motor Fuel & Tank Wagon, to
 Luke Oil Company, Inc and Al Warren for an amount not to exceed $1,772,166.55
 and for a one-year term. The motion carried by the following vote:

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

4. Approve the award of Bid 23-001, 2023 Street Resurfacing Program - MFT, to K-Five
 Construction, for an amount not to exceed $6,720,546.20, plus a 3% contingency
 (Item 1 of 2)
 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to approve the award of Bid 23-001, 2023 Street Resurfacing Program - MFT, to
 K-Five Construction, for an amount not to exceed $6,720,546.20, plus a 3%

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City Council Meeting Minutes April 18, 2023

 contingency. The motion carried by the following vote:

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

5. Adopt the IDOT resolution in the amount of $6,720,546.20 to allow expenditure of
 State Motor Fuel tax dollars to fund the 2023 Street Resurfacing Program - MFT (Item
 2 of 2)
 RES 23-17

 A motion was made by Councilman White, seconded by Councilman Hinterlong,
 to adopt the IDOT resolution in the amount of $6,720,546.20 to allow expenditure
 of State Motor Fuel tax dollars to fund the 2023 Street Resurfacing Program -
 MFT. 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:

P. NEW BUSINESS:
 Pam Davis Drive
 Council discussed construction on the Edward-Elmhurst campus and directed
 staff to work with the developer to rename Osler Drive as Pam Davis Drive.

 Farewell Remarks
 Chirico, Holzhauer, Kelly, White, Hinterlong, and Taylor made farewell remarks
 to Sullivan.

Q. ADJOURNMENT:
 A motion was made by Councilman Hinterlong, seconded by Councilman White,
 to adjourn the Regular City Council Meeting of April 18, 2023 at 10:03 p.m. The
 motion carried by a voice vote.




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




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