City Council — Naperville, IL
Date: 2020-04-07

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



 Meeting Agenda

 City Council

Tuesday, April 7, 2020 7:00 PM On Zoom due to COVID19




A. CALL TO ORDER:

B. ROLL CALL:

OPEN SESSION - 7:00 p.m.


C. PLEDGE TO THE FLAG:

D. AWARDS AND RECOGNITIONS:
1. 20-359 Proclaim April 2020 as Autism Awareness Month in Naperville


E. PUBLIC FORUM:

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

G. CONSENT AGENDA:
1. 20-438 Approve the cash disbursements for the period of 03/01/2020 through
 03/31/2020, for a total of $23,653,617.20

2. 20-408 Approve the emergency City Council meeting minutes of March 17, 2020

3. 20-427 Approve the regular City Council meeting minutes of March 17, 2020

4. 20-439 Approve the City Council meeting schedule for April, May & June 2020

5. 20-273 Approve the award of Bid 20-073, 2020 Cured-In-Place Water Main
 Rehabilitation, to Michels Corporation for an amount not to exceed
 $289,224, plus a 5% contingency

6. 20-309 Approve the award of Bid 20-087, Brush Collection Services, to Steve
 Piper and Sons and Trees “R” Us, Inc. for an amount not to exceed
 $410,090 and for a two-year term




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7. 20-354 Approve the award of Bid 20-007, 2020 Patching Program, to Schroeder
 Asphalt, Inc. for an amount not to exceed $482,467.50, plus a 5%
 contingency
8. 20-356 Approve the award of Cooperative Procurement 20-136, Unit 315
 Equipment Replacement, to Fire Service Inc. for an amount not to exceed
 $680,282
9. 20-372 Approve the award of Bid 20-006, 2020 Crackfilling Program, to Denler,
 Inc. for an amount not to exceed $330,340, plus a 5% contingency.
10. 20-377 Approve the award of Sole Source Procurement 20-143, Distribution
 Automation Upgrade, to Universal Utility Supply Company for an amount
 not to exceed $297,000

11. 20-415 Approve the award of Cooperative Procurement 20-154, Unit 238 and 293
 Equipment Replacement, to JX Peterbilt for an amount not to exceed
 $403,388.97
12. 20-353 Approve the award of Option Year Three to Contract 16-173, Leaf
 Disposal Services, to BioAg and Option Year Two to Contract 18-146,
 Leaf Disposal, to Tri-County Excavation and Construction, Inc. and to
 Steve Piper and Sons for an amount not to exceed $272,500 for both
 contracts (Item 1 of 2)

13. 20-414 Authorize the City Manager to extend the lease for three parcels of City
 property for leaf disposal (Item 2 of 2)

14. 20-072C Pass the ordinance granting a major change to amend Lot 11 of the
 Cantore Place PUD, a conditional use for an automobile repair facility, and
 a Final PUD plat on the subject property located at 2643 Forgue Drive
 (Firestone-Naperville)- PZC 19-1-111

15. 20-419 Pass the ordinance proposing the establishment of and setting a public
 hearing for Special Service Area No. 32 for the Wagner Farms shared-use
 paths

16. 20-432 Pass the ordinance approving a minor change to the Hobson West
 Commons Lot 2 PUD- PZC 20-1-005

17. 20-433 Pass the ordinance approving a minor change to the Naperville Crossings
 PUD and revised final PUD plat to allow for development of building 7 on
 lot 16 - PZC 19-1-133

18. 20-436 Pass the ordinance approving a minor change to the PUD to allow for
 renovation of an existing car wash for Ducky’s Car Wash at 1095 E. 75th
 Street (fka 1090 E 75th Street) - PZC 19-1-079

H. PUBLIC HEARINGS:


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I. OLD BUSINESS:

J. ORDINANCES AND RESOLUTIONS:
1. 20-416 Waive the first reading and pass the ordinance amending the municipal
 code to establish a municipal cannabis retailers’ occupation tax (requires
 six positive votes)

2. 20-192C Receive the staff report regarding the Nokia Campus located at 1940,
 1960, 1980, 2000, and part of 1935 Lucent Lane Naperville - PZC 20-1-
 008 (File 1 of 5)

3. 20-193C Pass the ordinance approving of the preliminary/final plat of subdivision of
 the Nokia Campus for the subject property located on part of 1935 Lucent
 Lane and 1960-2000 Lucent Lane (File 2 of 5)

4. 20-194C Pass the ordinance rezoning of Lot 4 of the Nokia Campus to R2
 (Single-Family and Low Density Residence District) for the subject
 property located on part of 1935 Lucent Lane and 1960-2000 Lucent Lane
 (File 3 of 5)

5. 20-195C Pass the ordinance approving a conditional use to establish a planned unit
 development for Lot 4 of the Nokia Campus for the subject property
 located on part of 1935 Lucent Lane and 1960-2000 Lucent Lane (File 4 of
 5)

6. 20-196C Pass the ordinance approving variances associated with the Nokia
 Campus for the subject property located on part of 1935 Lucent Lane and
 1960-2000 Lucent Lane (File 5 of 5)

K. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:
1. 20-265 Approve the award of Bid 20-032, 2020 Sanitary Sewer Service Lateral
 Lining and Vac-A-Tee Installation, to Performance Pipelining, Inc. for an
 amount not to exceed $1,249,980 plus a 3% contingency
2. 20-373 Approve the award of Bid 20-008, 2020 Micro-surfacing Program, to AC
 Pavement Striping Co. for an amount not to exceed $1,282,310.00, plus a
 3% contingency

L. PETITIONS AND COMMUNICATIONS:

M. REPORTS AND RECOMMENDATIONS:

N. NEW BUSINESS:



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O. CLOSED SESSION:

P. ADJOURNMENT:
 Any individual with a disability requesting a reasonable accommodation in order to
 participate in a public meeting should contact the Communications Department at least
 48 hours in advance of the scheduled meeting. The Communications Department can
 be reached in person at 400 S. Eagle Street, Naperville, IL., via telephone at
 630-420-6707 or 630-305-5205 (TDD) or via e-mail at info@naperville.il.us. Every effort
 will be made to allow for meeting participation.




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



 Meeting Minutes

 City Council


Tuesday, April 7, 2020 7:00 PM On Zoom due to COVID19


A. CALL TO ORDER:

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

B. ROLL CALL:
 Present: 9- Mayor Steve Chirico
 Councilwoman Judith Brodhead
 Councilman Kevin Coyne
 Councilwoman Patty Gustin
 Councilman Paul Hinterlong
 Councilman Patrick Kelly
 Councilman John Krummen
 Councilwoman Theresa Sullivan
 Councilman Benjamin White




 Also Present
 City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; City
 Attorney, Mike DiSanto; City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis;
 Police Chief, Robert Marshall; Director of Finance, Rachel Mayer; Director of
 Human Resources, James Sheehan; Director of IT, Jacqueline Nguyen;
 Director of TED, Bill Novack; Deputy Director of TED, Jennifer Louden; Deputy
 Director of TED, Allison Laff; Director of Public Utilities - Electric, Lucy
 Podlesny; Director of Public Utilities - Water, Darrell Blenniss, Jr.; Director of
 Public Works, Dick Dublinski

 Daily Herald, Naperville Sun, NCTV-17


OPEN SESSION - 7:00 p.m.

 The mayor explained that the City Council meeting is being conducted via Zoom
 in order to comply with the governor's Stay-at-Home Order during the
 COVID-19 pandemic. He also discussed how the public can watch and
 participate in the meeting.


C. PLEDGE TO THE FLAG:

 The pledge was given.


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D. AWARDS AND RECOGNITIONS:

1. Proclaim April 2020 as Autism Awareness Month in Naperville

 Hinterlong read the Proclamation.

E. PUBLIC FORUM:
 COMMENTS SUBMITTED ONLINE AND READ BY STAFF
 Bill Simon - COMMENT ONLY
 First of all, I would like to THANK all of our first responders, city utilities workers, and
 others -- most especially, our hospital workers who are fighting the coronavirus for the
 rest of us. The March 31st show of NPR’s “Morning Edition” prompts my questions about
 what steps the City of Naperville is taking to protect the city’s critical utilities workers
 from exposure to COVID-19. The show described how Des Moines, Iowa has been
 sequestering their drinking water treatment plant operators inside their plant's fence line
 in order to prevent their exposure to COVID-19. The story also mentioned similar steps at
 a water treatment plant in Carlsbad, California, a city slightly smaller than Naperville. In
 Naperville, our highly-trained utilities workers not only operate and maintain our water and
 wastewater systems, but also our power distribution systems, all critical to our everyday
 personal and economic lives. We citizens would like to know, what steps have been
 implemented to prevent COVID-19 community exposure to these critical personnel? What
 steps remain to be taken if, and when, the local COVID-19 situation worsens?

 Krieger responded that all departments have changed operations in order to comply with
 social distancing and personal protection guidelines.

 Ajay Buti - COMMENT ONLY
 All forest preserves should be shut down. Last week the one on Plainfield Naperville road
 was packed and that does not bode well for what we are all trying to achieve. In addition,
 all parks should be closed also.

 Chirico responded that the City has partnered with the Forest Preserve and Park District
 representatives to encourage recreating while complying with social distancing directives.

 Gerald Roethel - COMMENT ONLY
 What contingent measures are planned, or in place, to expand local hospital capacity, if
 needed during the current health emergency? Is leadership from the “Naperville
 Emergency Management Agency” professionals a part of the city’s plan to manage the
 current emergency?

 Puknaitis explained that the City is in constant communication with Edward Hospital and
 plans remain flexible in order to change as circumstances dictate. He also discussed the
 appropriateness of utilizing the NEMA volunteers.

 Afshin - COMMENT ONLY
 Nuisance should be taken very seriously. Your current city ordinance rules doesn't help
 or makes it much harder for an officer to deal with a nuisance complaint. For example,
 dog barking is one them that a police officer is not allowed to handle but has to forward
 the complaint to the city's animal control department. It makes the situation complicated
 when the animal control department is closed and the officer refuses to contact the home
 owner! You need to fix this!



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 Jennifer Bruzan Taylor - COMMENT ONLY
 Governor Pritzker’s Orders from March 16th and April 1st only suspend the rules as to
 those on City Council needing to have a physical quorum and allowing remote
 participation by those on City Council. The Orders do not suspend any of the rules
 regarding the meetings to be equally accessible to the entire general public and allow
 public comment. Having the meeting over Zoom, or any internet platform, does not meet
 the Open Meeting Act requirements. First of all, to participate a member of the general
 public (1) needs internet access and (2) feel comfortable using a new software program.
 With how much technology is part of our lives, it is easy to forget that there are many
 people who either cannot afford access to the internet and/or are too intimidated to try to
 use it. Oftentimes, but not always, these tend to be our retirees. Do not take my word for
 it, here is a link to an article that about 10% of the US population choose not to have
 internet service. https://www.allconnect.com/blog/33-million-americans-dont-use-internet
 <https://gcc01.safelinks.protection.outlook.com/?
 url=https%3A%2F%2Fwww.allconnect.com%2Fblog%2F33-million-americans-dont-use-i
 nternet&data=02%7C01%7CKellyP%40naperville.il.us%7Cf47b5a4066f74535270208d7db
 122fe3%7Cb9a0f99f4bde4b818b21fcedd458fec5%7C0%7C0%7C637218743483082067&s
 data=ilSG2JaHiCwn%2F3IzJ8qGrItPQvBWom8rFVj0VxFBlo4%3D&reserved=0> By
 having the meeting over Zoom, these individuals are being prevented from utilizing their
 legal right under the Open Meetings Act of participating in today's meeting. Now, as to
 the fact that the only way to view the meeting is by (1) over the cable TV station or (2)
 streaming over the internet. Again, those who cannot afford cable and internet, again
 typically retirees, are unable to view the meeting. I can think of at least 5 Naperville
 households, my parents included, who do not have cable and do not have internet. If I can
 think of 5 families, you know there are much more in Naperville. Because libraries and
 other public places to view are closed, these individuals are prevented from watching the
 meeting. As to notice, how have those who do not have access to the internet been
 informed of City Council holding this meeting and that it is being held over Zoom? If
 people do not have internet access how would they know? I did not see any newspaper
 notices. Was there a sign posted on City Hall's door? In addition, although yesterday
 Naperville placed on its website notice of the meeting being held over Zoom and the
 details regarding it under the COVID-19 section, there was nothing on Friday when I
 conducted an extensive search all over the website. The only thing on Friday I found was
 on the Agenda itself that said the meeting was being held under "Zoom" with no details
 as to what Zoom was or how the meeting would be conducted via Zoom. To get this
 information a person needed to be signed up to receive general City of Naperville updates.
 I bring this all to your attention to ask: why is anything being discussed and decided on
 the agenda outside of necessary consent agenda items? Even the Governor in his Order
 says to postpone governmental meetings when possible. There is a low risk of a resident
 suing the City for violating the Open Meetings Access regarding a vote on whether, for
 example, how much to pay for brush pick up. When there are controversial items on the
 agenda, however, that risk is pretty high especially when there is a violation of the Open
 Meetings Act happening, as is here. As someone who spent their career as a litigator
 both at the trial and appellate level, I know that the government in times of crisis often
 tries to argue extenuating circumstances to get around due process rights belonging to
 its citizens.

 DiSanto responded that the City is under an emergency declaration and the City is
 making every effort possible to conduct business and allow the public to participate in a
 variety of methods while complying with the Open Meetings Act. He also added that
 cable providers are providing free internet access during this time and the City will
 continue to widely notice the meetings.




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F. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE
CONSENT AGENDA:
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to use the Omnibus method to approve the Consent Agenda. The
 motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

G. CONSENT AGENDA:
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve the Consent Agenda with the exception of items G6, G12,
 G13, G14, G17, and G18 and also tabling items G8 and G11 to the May 5, 2020
 meeting. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


1. Approve the cash disbursements for the period of 03/01/2020 through 03/31/2020, for a
 total of $23,653,617.20
 Council approved.


2. Approve the emergency City Council meeting minutes of March 17, 2020
 Council approved.


3. Approve the regular City Council meeting minutes of March 17, 2020
 Council approved.


4. Approve the City Council meeting schedule for April, May & June 2020
 Council approved.


5. Approve the award of Bid 20-073, 2020 Cured-In-Place Water Main Rehabilitation, to
 Michels Corporation for an amount not to exceed $289,224, plus a 5% contingency
 Council approved.


6. Approve the award of Bid 20-087, Brush Collection Services, to Steve Piper and Sons
 and Trees “R” Us, Inc. for an amount not to exceed $410,090 and for a two-year term
 Council discussed the number of bids, the difference between the bid amounts,
 staff recommendation to hire both, and the appropriateness to rebid in order to
 hire one vendor.

 Dublinski explained that this service is similar to snow contracting and that
 several vendors are necessary due to the size of the City, that this service is
 conducted regardless of the pandemic, and that prices will most likely increase
 if rebid.
 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to approve the award of Bid 20-087, Brush Collection Services, to

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 Steve Piper and Sons and Trees “R” Us, Inc. for an amount not to exceed
 $410,090 and for a two-year term. The motion carried by the following vote:

 Aye: 7 - Chirico, Brodhead, Coyne, Gustin, Hinterlong, Krummen, and White
 Nay: 2 - Kelly and Sullivan

7. Approve the award of Bid 20-007, 2020 Patching Program, to Schroeder Asphalt, Inc. for
 an amount not to exceed $482,467.50, plus a 5% contingency
 Council approved.


8. Approve the award of Cooperative Procurement 20-136, Unit 315 Equipment
 Replacement, to Fire Service Inc. for an amount not to exceed $680,282
 Council tabled to May 5, 2020.


9. Approve the award of Bid 20-006, 2020 Crackfilling Program, to Denler, Inc. for an
 amount not to exceed $330,340, plus a 5% contingency.
 Council approved.


10. Approve the award of Sole Source Procurement 20-143, Distribution Automation
 Upgrade, to Universal Utility Supply Company for an amount not to exceed $297,000
 Council approved.


11. Approve the award of Cooperative Procurement 20-154, Unit 238 and 293 Equipment
 Replacement, to JX Peterbilt for an amount not to exceed $403,388.97
 Council tabled to May 5, 2020.


12. Approve the award of Option Year Three to Contract 16-173, Leaf Disposal Services, to
 BioAg and Option Year Two to Contract 18-146, Leaf Disposal, to Tri-County Excavation
 and Construction, Inc. and to Steve Piper and Sons for an amount not to exceed
 $272,500 for both contracts (Item 1 of 2)
 Council discussed approving this award at this time, the appropriateness of
 tabling until May 5, and the risks associated with not performing this service.
 A motion was made by Councilwoman Brodhead, seconded by Councilwoman
 Gustin, to approve the award of Option Year Three to Contract 16-173, Leaf
 Disposal Services, to BioAg and Option Year Two to Contract 18-146, Leaf
 Disposal, to Tri-County Excavation and Construction, Inc. and to Steve Piper and
 Sons for an amount not to exceed $272,500 for both contracts. The motion carried
 by the following vote:

 Aye: 8 - Chirico, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Sullivan and
 White
 Nay: 1 - Kelly

13. Authorize the City Manager to extend the lease for three parcels of City property for leaf
 disposal (Item 2 of 2)
 A motion was made by Councilwoman Brodhead, seconded by Councilman

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City Council Meeting Minutes April 7, 2020

 Hinterlong, to authorize the City Manager to extend the lease for three parcels of
 City property for leaf disposal. The motion carried by the following vote:

 Aye: 8 - Chirico, Brodhead, Coyne, Gustin, Hinterlong, Krummen, Sullivan and
 White
 Nay: 1 - Kelly

14. Pass the ordinance granting a major change to amend Lot 11 of the Cantore Place PUD,
 a conditional use for an automobile repair facility, and a Final PUD plat on the subject
 property located at 2643 Forgue Drive (Firestone-Naperville)- PZC 19-1-111
 POSITION SUBMITTED ONLINE AND READ BY STAFF
 Jason Horowitz - SUPPORT

 COMMENTS SUBMITTED ONLINE AND READ BY STAFF
 Craig Cole, Managing Director Net Lease Division, GBT Realty Corp - SUPPORT
 I represent the Developer, in favor of Agenda Item #14 - Approval of a Firestone in Cantore
 Place by approving the conditional use-Applicant is seeking, and is in favor of Agenda
 Item #14. In addition to having met with City Staff prior to pursuing our potential use,
 applicant has worked diligently with staff to design the development in such a way as to
 minimize any perceived or potential impact upon neighboring properties. In addition to
 mailing notifications to neighbors, a neighborhood meeting was held at the Naperville
 Public Library. There was only one attendee at the neighborhood meeting, and she was in
 favor of the development. Subsequently, applicant hosted an online meeting with
 representatives of the Arbor Terrace senior living facility. As a result of that meeting,
 applicant has agreed to add a fence and a berm to our plans to further mitigate any
 potential or perceived impact from our development upon the neighboring development.

 Laff explained the landscape plan does not reflect the improvements due to the timing of
 the agreement, however should Council approve the recommendation, the plan will be
 updated prior to the issuance of the ordinance.

 Enactment No.: ORD 20-031

 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to pass the ordinance granting a major change to amend Lot 11 of
 the Cantore Place PUD, a conditional use for an automobile repair facility, and a
 Final PUD plat on the subject property located at 2643 Forgue Drive
 (Firestone-Naperville) - PZC 19-1-111. The motion carried by the following vote:

 Aye: 9 - Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan
 and White

15. Pass the ordinance proposing the establishment of and setting a public hearing for
 Special Service Area No. 32 for the Wagner Farms shared-use paths
 Council passed.

 Enactment No.: ORD 20-029

16. Pass the ordinance approving a minor change to the Hobson West Commons Lot 2
 PUD- PZC 20-1-005
 Council passed.



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 Enactment No.: ORD 20-030

17. Pass the ordinance approving a minor change to the Naperville Crossings PUD and
 revised final PUD plat to allow for development of building 7 on lot 16 - PZC 19-1-133
 Enactment No.: ORD 20-032

 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to pass the ordinance approving a minor change to the Naperville
 Crossings PUD and revised final PUD plat to allow for development of building 7
 on lot 16 - PZC 19-1-133. The motion carried by the following vote:

 Aye: 9 - Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan
 and White

18. Pass the ordinance approving a minor change to the PUD to allow for renovation of an
 existing car wash for Ducky’s Car Wash at 1095 E. 75th Street (fka 1090 E 75th Street) -
 PZC 19-1-079
 SPEAKERS
 Mahoob Abbas, Petitioner - SUPPORT

 Enactment No.: ORD 20-033

 A motion was made by Councilwoman Brodhead, seconded by Councilman
 Hinterlong, to pass the ordinance approving a minor change to the PUD to allow
 for renovation of an existing car wash for Ducky’s Car Wash at 1095 E. 75th Street
 (fka 1090 E 75th Street) - PZC 19-1-079. The motion carried by the following vote:

 Aye: 9 - Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan
 and White

H. PUBLIC HEARINGS:

I. OLD BUSINESS:

J. ORDINANCES AND RESOLUTIONS:

1. Waive the first reading and pass the ordinance amending the municipal code to establish
 a municipal cannabis retailers’ occupation tax (requires six positive votes)
 COMMENTS SUBMITTED ONLINE AND READ BY STAFF
 Erika DeCarlo - SUPPORT - COMMENT ONLY
 Naperville has been ready for recreational cannabis for a very long time and our votes
 reflect this. The Asian (mainly Chinese) opposition group, Opt Out, is funded by a dark
 money group, is full of roving carpetbaggers, and their unscientific views certainly don’t
 represent Naperville, or the Asian-American community here. Many Opt Out members
 aren’t even American citizens or voters! Do I have the right to go to China and randomly
 demand that the Chinese abstain from alcohol, green tea, and rice, simply because I
 showed up? Besides, it was the Chinese and Indians who wisely brought the medicinal
 use of cannabis to the world 10,000 years ago. For this gift, we all owe them our
 gratitude. Now these folks have done a 180 and they think Reefer Madness is a
 documentary. The same Opt Out members go from town to town and in each town they
 visit, they claim they live there. Do these people each own 20 homes? Enough! Bottom


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City Council Meeting Minutes April 7, 2020

 line, those of us who were born in IL, as I was 48 years ago, and actually grew up in
 Naperville, as I did, and did all of our K-12 here (Steeple Run, Madison, Naperville Central
 for me) DO want recreational cannabis. We will not be silenced or bullied by
 carpetbaggers funded by nefarious dark money PACs. I will never apologize for believing
 in freedom, personal choice, and traditional American values. Please honor the will of the
 majority of citizen residents and support recreational cannabis. Marijuana is here
 anyway, and it’s been in popular use locally for over 100 years. Do we want regulated,
 taxed, controlled sales, or should Naperville citizens continue to buy it from the dealers
 who have been here for decades? Should we buy it in neighboring towns, depriving
 Naperville of much needed revenue? Either way, Naperville residents will obtain and use
 cannabis. Why not derive some benefit? Support recreational cannabis stores and refute
 the racist drug war. Ironically, historically, marijuana prohibition was tacked on to opium
 prohibition specifically to keep Chinese immigrants out of the USA and to harass the
 ones already here. Now this Asian coalition, totally ignorant of American drug war history,
 embraces the very same racist anti-marijuana rhetoric that was specifically concocted to
 keep them out. Strange days indeed. Most peculiar. Show courage. Open the
 recreational stores and stop bowing to outside pressure groups. As a voter, citizen, and
 resident, thank you for allowing us this forum and for considering my viewpoint. I will be
 watching your votes on this extremely carefully and I have voted in every election since
 turning 18.

 Bill Collins - OPPOSE - COMMENT ONLY
 My name is Bill Collins, and I live at 112 Split Oak Road, Naperville- Mr Mayor and city
 council members, thank you for the opportunity to submit my opposition to file #20-416,
 Agenda 1, municipal cannabis retailers’ occupation tax. You have all studied the data. In
 their report published in Nov 2019 regarding school violence, studying attackers from
 2008-2017, they looked at substance abuse: “Half of the attackers, 49%, had a history of
 substance use and/or abuse. The most frequently used substances included marijuana
 40%...” (pg 27 of Protecting America’s Schools, US Secret Service analysis of targeted
 school violence. Let’s not make it easier for our youth to obtain cannabis, please vote no,
 thank you.

 George Hardwidge - OPPOSE - COMMENT ONLY
 The citizens of Naperville are clearly opposed to the sale of recreational marijuana. So
 why are we moving forward with this. Certainly a 3% tax will not offset the damage done
 to our community by selling marijuana which has clearly been demonstrated to be a
 gateway drug. And there has been no effort state or local to identify and codify driving
 while under the influence. There is little or no traffic enforcement on our road ways now.
 So I guess this wise assembly thinks it is OK to combine drug use with texting speeding
 and drinking while driving on our roads. I will vote against any council member who
 supported or supports legalization of marijuana sales in Naperville.

 POSITION SUBMITTED ONLINE AND READ BY STAFF
 Nancy Turner - SUPPORT
 Jean Page - SUPPORT
 Philip Buchana - SUPPORT
 Lyndsey Kokoris - SUPPORT
 Joy Grainge - SUPPORT
 RJ Hermanowicz - Opt In for recreational cannabis sale in Naperville - SUPPORT
 Dianne McGuire - Opt In Naperville - SUPPORT
 James Full & Courtney Halcomb - OPPOSE
 Norma Hnilo - OPPOSE

 Enactment No.: ORD 20-034


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 A motion was made by Councilwoman Brodhead, seconded by Councilwoman
 Sullivan, to waive the first reading and pass the ordinance amending the
 municipal code to establish a municipal cannabis retailers’ occupation tax. The
 motion carried by the following vote:

 Aye: 6- Chirico, Brodhead, Kelly, Krummen, Sullivan, and White

 Nay: 3- Coyne, Gustin, and Hinterlong


2. Receive the staff report regarding the Nokia Campus located at 1940, 1960, 1980, 2000,
 and part of 1935 Lucent Lane Naperville - PZC 20-1-008 (File 1 of 5 )
 COMMENTS SUBMITTED ONLINE AND READ BY STAFF
 Kenneth Schmidt - COMMENT ONLY
 To the Naperville City Council, this concerns the proposed Ordinances for the rezoning
 and other issues of the Nokia property, including any proposed changes to Lucent lane,
 both south and east access points. First, I want to comment on the possible density of
 houses in Lot 4, assuming the proposed R2 zoning is passed. Our Fairmeadow
 Neighborhood consists of 35 homes on about 19.7 acres, or approximately one half to
 6/10 of an acre per home. To maintain consistency in housing in the Lot 4 area, please
 consider mandating minimum lot size to 0.5 acres per lot. Second, considering access
 and egress for Lot 4, please mandate that no new access and egress roads shall be
 planned or constructed. Lucent Lane’s connection to both Warrenville Road and
 Naperville road shall suffice for all access and egress for all proposed Lots in the Nokia
 property. In no way will it be acceptable to connect any type of roadway between the
 Fairmeadow Neighborhood and any part of the proposed Lots 1 - 4. Kenneth Schmidt,
 Fairmeadow Neighborhood Resident

 Robert Rubens - Fairmeadows HOA - OPPOSE
 When the first homes were built in Fairmeadows subdivision in the mid 1950's residential
 zoning codes regarding drainage, well, septic and other building ordinances were
 substantially different than today. The area was attractive to homeowners due to its rural
 surroundings. Drainage studies of the time were quite rudimentary and Fairmeadows was
 a stepchild in the area using a Naperville mailing address but being in unincorporated
 Milton Township, bordering Lisle and Wheaton, even though in DuPage county. The
 engineers and commissioners who approved those building permits 60 years ago are long
 gone, but we aren't. When Bell Labs began building 10 years later in the back yard of our
 33 Fairmeadows homes, but in Naperville proper, it was in a wetland area. Covenants
 were created which sought to satisfy the commissioners and residents of the day. The
 increased tax base of a major corporation was a good trade off. The berm bordering the
 west side of Fairmeadows was supposed to hide the TEMPORARY parking lot until the
 parking deck was built. Financial times have changed. Those commissioners who
 approved Bell Labs and the Labs people who agreed to the berm and TEMPORARY lot
 50 years ago are long gone, but we aren't. Please be aware that drainage in this entire
 very wet area was poorly designed at the beginning and only got worse with Bell Labs.
 We helped pay the price of progress and resultant tax revenues. Our home, like virtually
 all others in Fairmeadows has multiple pumps in the basement that run continually. Our
 last flood cost us $10,000 to remediate. We have ducks in our back yard since mid
 March. My wife and I moved here to be near nature and although we are now retired and
 on fixed income I understand business and progress. I would be very disappointed if the
 rookery and Danada wildlife is endangered. I will be disappointed if property values suffer,
 but I understand business and progress. The commissioners who will hear this proposed
 rezoning must be made aware that we have learned from history. We, the HOA will be

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City Council Meeting Minutes April 7, 2020

 reasonable but will not yield on our health, our drinking water safety and drainage. After
 you are gone, we will be here. The south extension of I 355 was held up for years while
 the EPA reviewed the collocated habitat of the Emerald Dragonfly. The 33 families living
 in Fairmeadows deserve at least the local, state and if necessary federal review accorded
 the dragonfly to ensure our drinking water is safe and our basements aren't moldy.

 Jen Banowetz - Fairmeadow Neighborhood Association
 I OPPOSE the Nokia Campus items on tonight's agenda, that is, I oppose any new
 development there. My family has resided in the Fairmeadow Neighborhood adjacent to
 the Nokia campus for more than 18 years. I would like the board realize that this area
 (the Nokia greenspace) is a WETLAND. In fact, just north of the property there a giant
 sign along Butterfield Road that designates this area as a "DuPage Forest Preserve
 Wetland Project." Simply put, anyone buying/developing this green parcel is buying
 SWAMPLAND. Historically, our neighborhood had experienced decades of wet
 basements and flooded properties. Stormwater worries is a major concern--and only will
 get worse with more development. Honestly, the undeveloped parcels of the Nokia
 property is best suited as greenspace, ESPECIALLY since it is surrounded by diverse
 DuPage Forest Preserve property. Any further development could have a serious negative
 impact on the quality of the preserve lands. As you may know, for example, there is a
 Great Blue Heron rookery within sight that is currently quite active. It would be a travesty
 for any of this crucial--and beautiful--preserve to be disturbed in any way. Thank you for
 your time and the opportunity to share my first-hand knowledge of the area.

 POSITION SUBMITTED ONLINE AND READ BY STAFF
 Rebecca Rogers - Fairmeadow Neighborhood Association - President - OPPOSE

 SPEAKERS
 Tom Gorman - NOKIA - SUPPORT
 The petitioner seeks subdivision of the subject property into 3 lots (Lots 2, 3, and 4) and
 1 outlot in order to facilitate the possibility of selling one or more lots. Lot 1, which was
 created by a 2011 plat of subdivision and is not part of the proposed Nokia subdivision, is
 owned by the City and is the location of the City’s Indian Hill Electric Substation.
 Petitioner’s proposed Lot 2 will include the improvements on 1960 Lucent Lane as well as
 two garage buildings located on 1940 and 1980 Lucent Lane which will be renovated and
 leased to multiple office tenants. Lot 3 will consist of the 2000 Lucent Lane
 improvements and will be leased back to Nokia. Lot 4 is vacant land intended to be sold
 for future development. Outlot A is a stormwater detention facility which will be a source
 of stormwater management for Lots 2, 3, and 4.

 James Butt (Fairmeadow Neighborhood Association) - OPPOSE

 Tim Feldballe (Fairmeadow HOA) - OPPOSE

 Novack explained the order of zoning, studies, that stormwater is reviewed by both the
 City and County, and stated that the vast majority of developments improve stormwater
 drainage.

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to use the Omnibus method to approve items J2 - J6. The motion carried
 by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


3. Pass the ordinance approving of the preliminary/final plat of subdivision of the Nokia
 Campus for the subject property located on part of 1935 Lucent Lane and 1960-2000
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City Council Meeting Minutes April 7, 2020

 Lucent Lane (File 2 of 5)
 Enactment No.: ORD 20-035

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to pass the ordinance approving of the preliminary/final plat of
 subdivision of the Nokia Campus for the subject property located on part of 1935
 Lucent Lane and 1960-2000 Lucent Lane. The motion carried by the following
 vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


4. Pass the ordinance rezoning of Lot 4 of the Nokia Campus to R2 (Single-Family and Low
 Density Residence District) for the subject property located on part of 1935 Lucent Lane
 and 1960-2000 Lucent Lane (File 3 of 5)
 Enactment No.: ORD 20-036

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to pass the ordinance rezoning of Lot 4 of the Nokia Campus to R2
 (Single-Family and Low Density Residence District) for the subject property
 located on part of 1935 Lucent Lane and 1960-2000 Lucent Lane The motion
 carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


5. Pass the ordinance approving a conditional use to establish a planned unit development
 for Lot 4 of the Nokia Campus for the subject property located on part of 1935 Lucent
 Lane and 1960-2000 Lucent Lane (File 4 of 5)
 Enactment No.: ORD 20-037

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to pass the ordinance approving a conditional use to establish a planned
 unit development for Lot 4 of the Nokia Campus for the subject property located
 on part of 1935 Lucent Lane and 1960-2000 Lucent Lane. The motion carried by
 the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


6. Pass the ordinance approving variances associated with the Nokia Campus for the
 subject property located on part of 1935 Lucent Lane and 1960-2000 Lucent Lane (File 5
 of 5)
 Enactment No.: ORD 20-038

 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to pass the ordinance approving variances associated with the Nokia
 Campus for the subject property located on part of 1935 Lucent Lane and
 1960-2000 Lucent Lane. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

K. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:


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City Council Meeting Minutes April 7, 2020

1. Approve the award of Bid 20-032, 2020 Sanitary Sewer Service Lateral Lining and
 Vac-A-Tee Installation, to Performance Pipelining, Inc. for an amount not to exceed
 $1,249,980 plus a 3% contingency
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to approve the award of Bid 20-032, 2020 Sanitary Sewer Service Lateral
 Lining and Vac-A-Tee Installation, to Performance Pipelining, Inc. for an amount
 not to exceed $1,249,980 plus a 3% contingency. The motion carried by the
 following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White


2. Approve the award of Bid 20-008, 2020 Micro-surfacing Program, to AC Pavement
 Striping Co. for an amount not to exceed $1,282,310.00, plus a 3% contingency
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to approve the award of Bid 20-008, 2020 Micro-surfacing Program, to AC
 Pavement Striping Co. for an amount not to exceed $1,282,310.00, plus a 3%
 contingency. The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

L. PETITIONS AND COMMUNICATIONS:

M. REPORTS AND RECOMMENDATIONS:

N. NEW BUSINESS:
 Finance presentation
 Mayer gave an overview of how the current pandemic may impact the 2020 budget. She
 stated that it is far too early in this rapidly changing and unprecedented event to have
 accurate data, that staff is committed to providing updated information as the event
 evolves, that increasing cash reserves, reducing debt and securing the AAA bond rating
 has given the City time to make measured strategic decisions, and that staff is
 monitoring revenue streams and changes to service delivery.

 Council discussed executive orders, financial principles, small business assistance,
 outreach by the Chamber of Commerce, essential and non-essential businesses, and
 prioritization of expenditures.

 Krieger stated that each month staff will present refined estimates to the Council and
 identify service changes and purchase deferrals.

 Zoning for adult-use cannabis sales
 Council discussed the declaration of a national emergency, the stay-at-home order, the
 need for public input on this topic, that the issue has been divisive, the need to provide
 various methods to allow the public to participate, new source of revenue for the City,
 voter data from the March 17 primary, and the need to respect the will of the voters.

 By consenus Council directed staff to initiate the zoning process to allow for the legal
 sales of adult-use cannabis and bring a roadmap/timeline recommendation back to a
 future meeting.

 Council Rules


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City Council Meeting Minutes April 7, 2020

 Chirico explained that comments made by Gustin at a previous meeting violated
 provisions of Council Rules regarding conduct of members. He said his statement serves
 as a warning, to the entire Council, that this type of behavior is unacceptable and if it
 occurs again he will recommend censure.

 Gustin, Brodhead, and White responded.

O. CLOSED SESSION:
 A motion was made by Councilwoman Gustin, seconded by Councilman
 Hinterlong, to recess to Closed Session to discuss 120/2(c)(6) Sale of Property;
 120/2(c)(8) Safety & Security Procedures; and 120/2(c)(21) Approval of Minutes.
 The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White

P. ADJOURNMENT:
 A motion was made by Councilman Hinterlong, seconded by Councilwoman
 Gustin, to adjourn the Regular City Council Meeting of April 7, 2020 at 10:10 p.m.
 The motion carried by the following vote:

 Aye: 9- Chirico, Brodhead, Coyne, Gustin, Hinterlong, Kelly, Krummen, Sullivan, and White




 /S/ Pam Gallahue
 Pam Gallahue, PhD
 City Clerk




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