Dupage Policy Journal

City of Naperville City Council met April 5

Here are the minutes provided by the council:

A. CALL TO ORDER: 

B. ROLL CALL: 

C. CLOSED SESSION - CANCELED 

OPEN SESSION - 7:00 p.m.

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

D. ROLL CALL:   

Present: 9 - Mayor Steve Chirico 

Councilwoman Jennifer Bruzan Taylor 

Councilman Paul Hinterlong 

Councilman Ian Holzhauer 

Councilman Patrick Kelly

Councilman Paul Leong 

Councilwoman Theresa Sullivan 

Councilman Benjamin White 

Councilwoman Nicki Anderson  

Also Present 

City Manager, Doug Krieger; City Attorney, Mike DiSanto; Director of Community Services/City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis; 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; 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 of Finance, Ray Munch; Community Risk Reduction Manager - Fire, Ben DeAnda Daily Herald, Naperville Sun, NCTV-17 

E. PLEDGE TO THE FLAG:  

The pledge was given. 

F. AWARDS AND RECOGNITIONS:  

1. Proclaim April 2023 as Sikh Awareness and Appreciation Month 

Councilman White presented the Proclamation. 

2. Proclaim April 2023 Autism Awareness Month in the City of Naperville 

Councilman White presented the Proclamation. 

G. PUBLIC FORUM:  

March 21, 2023 City Council meeting 

Dianne McGuire (Naperville) discussed the violation of meeting procedure regarding speaker sign-up and comments made regarding censure and campaign finance. 

March 21, 2023 City Council meeting 

Nancy Turner (Naperville) discussed comments made regarding censure and campaign finance and elected officials’ behavior. 

Building permits 

Barbara O’Meara discussed her recent experience paying for a permit.

Novack will follow-up with the speaker. 

Brixmor and the Elections 

Basim Esmail (Naperville) discussed the petition regarding the Brixmor development. 

WRITTEN COMMENTS ONLY  

Asim Gaff (Naperville) - Political Signs- As a civics teacher, I am proud of the competitive political campaigns we have in Naperville. I do wish for a higher turn out rate, but I understand local politics requires a lot more time and connections to be knowledgeable of the significance and the candidates platform. If it wasn't for the ICN forum I wouldn't have gotten to know all the candidates. I hope the city can create more politically neutral social media campaigns of awareness of what each elected office does- that might increase turnout. I am also concerned about the increased number of political signs this election and question their efficacy. Who actually votes for a person because of a sign? Private property support makes sense and some signage is good, but what about public land? 

What branding or name recognition is created when every candidate is heavily covering our city with signs? NPR reports there MIGHT be a 1-2% vote benefit, but that was a survey not for municipal elections which typically has more motivated voters and very low turnout. There used to be heavy enforcement of where campaigns can place signs, I know because I used to volunteer for one, but now almost every other street corner, park and even forest preserve has signs. We had 2 storms that whipped up signs and turned them into waste into our water ways and parks. City staff can only do so much. Please consider mitigation efforts to protect our beautiful city from waste and excessive signage. 

The onus goes back to the campaigns and city expectations of them. I hope they continue to take the time to cleanup today what is still out there and I hope we can find more effective ways to increase voter turnout. 

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:  

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

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

1. Approve the regular City Council meeting minutes of March 21, 2023 

Council approved.  

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

Council approved.  

3. Approve the award of Option Year Four to Contract 19-064, SCADA Maintenance Services, to Advanced Automation and Controls (AAC) for an amount not to exceed $145,000 

Council approved.  

4. Approve the award of Cooperative Procurement 23-064, Vehicle Storage Garage and  MCC Building Restoration to Garland/DBS Inc. for an amount not to exceed $171,327,  plus a 5% contingency 

Council approved. 

5. Approve the award of Sole Source Procurement 23-083, GE Lentronics MPLS System,  to GE Grid Solutions, LLC for an amount not to exceed $261,105.76 

Council approved.  

6. Approve the award of Bid 23-014, 2023 Small Diameter Sanitary Sewer Main Lining, to  Visu-sewer Clean & Seal, Inc. for an amount not to exceed $635,713.50 and a 3%  contingency 

Council approved.  

7. Approve the award of Bid 23-011, MSI Inspection South Interceptors, to RedZone Robotics Inc. for an amount not to exceed $149,365.05 

Council approved.  

8. Approve the award of Change Order #1 to Option Year Two of Contract 17-084, Riverwalk Consultant, to Engineering Resource Associates, Inc. for an additional one  year 

Council approved.  

9. Approve the award of Change Order #1 to Contract 20-068, Building Automation  Maintenance Services, to Automatic Building Controls, LLC for an amount not to exceed  $40,400 and a total award of $121,400 

Council approved.  

10. Accept the public underground improvements at Adler Point and authorize the City Clerk  to reduce the corresponding public improvement surety 

Council accepted.  

11. Pass the ordinance approving the transfer of $17,892,480 of the 2023 Volume Cap to the  Town of Normal 

ORD 23-042 

Council passed.  

12. Pass the ordinance to establish temporary traffic controls and issue Special Event and  Amplifier permits for the Characters on Water Street event scheduled on Thursday, May 4, 2023 

ORD 23-043 

Council passed.  

13. Pass the revised ordinance to establish temporary traffic controls and issue Special  Event and Amplifier permits for the 2023 Soap Box Derby races scheduled on May 6-7  (previously scheduled for April 29-30), June 3, (rain date of June 4), September 9-10 and  October 7-8 

ORD 23-044 

Council passed.  

14. Adopt the resolution authorizing the City Manager to submit an application to the  Regional Transportation Authority requesting a continuation of federal funding for the Ride  DuPage to Work program 

RES 23-11 

Council adopted.  

15. Adopt the resolution approving a workers’ compensation settlement and the execution of  the settlement contract between Timothy Wrenn and the City of Naperville 

RES 23-12 

Council adopted.  

J. PUBLIC HEARINGS:  

K. OLD BUSINESS:  

L. ORDINANCES AND RESOLUTIONS:  

1. Receive the staff report for 415 Jackson Avenue (Riverwalk Place) - PZC 22-1-094 (Item  1 of 4) 

Vince Rosanova (Attorney for Petitioner) explained the height at the intersection of Jackson and Mill, the intervening property, the fall because of the hill, the set back, and the orientation of living spaces. He also confirmed that the highest northernmost point will be 16’ lower than the roof of the home at Jefferson and Mill, detailed public input and PZC notification processes, and said no objections were filed.

Report received.  

2. Pass the ordinance approving a preliminary/final plat of subdivision and OAA for Riverwalk Place - PZC 22-1-094 (Item 2 of 4) 

ORD 23-045 

A motion was made by Councilman White, seconded by Councilman Hinterlong, to pass the ordinance approving a preliminary/final plat of subdivision and OAA for Riverwalk Place - PZC 22-1-094. The motion carried by the following vote:  

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

3. Pass the ordinance approving rezoning the property located at 415 Jackson Avenue to  B5 (Secondary Downtown District) - PZC 22-1-094 (Item 3 of 4) 

ORD 23-046 

A motion was made by Councilman White, seconded by Councilman Hinterlong, to pass the ordinance approving rezoning the property located at 415 Jackson Avenue to B5 (Secondary Downtown District) - PZC 22-1-094. The motion carried by the following vote:  

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

4. Pass the ordinance approving a front yard setback variance for Riverwalk Place - PZC  22-1-094 (Item 4 of 4) 

ORD 23-047 

A motion was made by Councilman White, seconded by Councilman Hinterlong, to pass the ordinance approving a front yard setback variance for Riverwalk Place - PZC 22-1-094. The motion carried by the following vote:  

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

5. Conduct the first reading of the ordinance repealing Section 1-13-1:1 of the Naperville  Municipal Code striking the regulation requiring public disclosure of certain campaign  contributions 

Susan Glover Craighead (Naperville - League of Women Voters in Naperville) spoke against repealing the campaign disclosure ordinance. 

Tim Messer (Naperville) spoke against repealing the campaign disclosure ordinance. 

Marilyn L Schweitzer (Naperville) spoke against repealing the campaign disclosure ordinance and suggested tabling the item for the new Council to deliberate.

Council discussed leaving legacy issues for the new Council, that staff should provide recommendations and the public should provide input, and that the new Council should have the opportunity to make changes. Council also stated that the current ordinance had broad support and that it received media attention. 

DiSanto clarified that the incoming Mayor and Council will need to offer disclosures based on donations received during the recent election campaign. 

Council discussed the intent of the ordinance, the amount of money donated in the most recent election, when disclosures will need to be made, that Council must also comply with the Conflict of Interest ordinance, and how the disclosure ordinance could be improved instead of repealed.  

POSITION STATEMENT - OPPOSE  

Laura Cuber (Naperville) 

Kay Akins (Naperville) 

Alexandria Ridenour (Naperville) 

Nancy Leary (Naperville) 

Karen Whitsitt (Naperville)

WRITTEN COMMENTS ONLY  

Derek Miller (Naperville) -I would like to OPPOSE repealing the campaign disclosure ordinance. I do believe a lot of outside money has entered Naperville's local elections, but I don't believe that money is because of the ordinance. Almost every community of Naperville's size around the country has seen outside money funnel into local elections. With campaign finance laws as they are it is unlikely we can prevent this money from coming in, but we can make that money as transparent as possible. If the ordinance is unclear about when donations should be disclosed, we should modify the ordinance instead of repealing it. Maybe to make it easier to avoid missing disclosures, all donations should be sent through the city's lawyer to determine what should be disclosed at each meeting. More transparency should not be a bad thing and repealing this ordinance would certainly decrease transparency. 

Kevin Coyne -All, I had hoped to appear at the next Council meeting to voice support for Mayor Chirico's desire to repeal the Campaign Disclosure but, unfortunately it appears that I have a conflict. I won't belabor prior concerns that I have voiced in the past as to this ordnance. Namely that the ordinance deters donations from our local small businesses and residents while doing nothing disclosure-wise to the larger political players (namely PACs, unions, political parties) whom will rarely - if ever - be on our agenda. In effect, the ordinance makes larger political voices even more influential then they already are. 

I'd like to highlight how unworkable and gotch'ya-geared this ordinance will be as more and more councilmen (and mayor) receive qualifying donations. Gray area has been created by all the PACs and Party involvement. The Firemen union, for instance, gave out numerous qualifying donations this cycle. They ran Facebook ads and did mailers for candidates. They canvassed and walked in parade entries for certain candidates. In my view, and that of most, is that the Fire Department is now a group that raises disclosure responsibility for those that received their support. Now what? Every procurement, budget item, innocuous consent agenda item, or even matter of public safety, that involves the Fire Department arguably triggers this ordinance. All of those that received political support from the Fire Department will regularly have to deal with this ordinance and/or be asked why disclosures are not being made. 

If the position is taken that the Fire union is a different entity then the Fire Department (which is a heck of a stretch in my opinion) then the ordinance is so narrowly drawn that it would virtually never apply (i.e. so why have it?). The real estate developers, whom were the apparent target of the ordinance, rarely donate from the usually empty shell entity that appears on the agenda and which is used to bring the development forward. In other words, the developer donations will rarely ever have to be disclosed either. The whole original point of the ordinance was developer donations! 

Since the ordinance was past, donations from third parties have grown exponentially. The suggested policy items (namely transparency) that the ordinance was created for have gotten worse - not better. Worse this ordinance places you all in a legal gray area. This just happened at your last meeting - did it apply in Theresa's case or not? Honestly its not clear and is a matter that a good lawyer could argue either way in court. 

This ordinance is not just unfair to you all, Its unfair to those that will soon be joining the council and whom are likely to run into these questions more often than has occurred to date. Please support our Mayor's last initiative and repeal this problemed ordinance. Thank you all for your consideration and service to Naperville. 

Karen V Peck (Naperville) Dear Naperville City Council and Mayor, I am writing regarding File # 23-0407 Version 1, the “Ordinance Repealing Campaign Disclosure Ordinance.” I OPPOSE the striking of this ordinance from the Naperville Municipal Code. I cannot understand why anyone would want to repeal an ordinance to publicly disclose political contributions totaling more than $$750 dollars unless those elected officials have something they wish to hide. I can think of no other rationale for striking this. A review of ethical behavior is one of the key measures voters use when voting. Disclosure of who is funding a candidate/councilperson is ethical and transparent. Striking the ethics ordinance on campaign disclosure makes candidate’s and elected official’s funding opaque and is a way to hide funders. Given that candidates of late have been funded by billionaire donors at the local election level, it is imperative that voters know who the donors are and to whom candidates are beholden. The fact is that candidates and elected officials are sometimes in conflict with the goals of the governing body to which they belong. For example, if a candidate/elected official accepts large donations from developers, how can that civil servant be impartial when development projects come to council for approval? I OPPOSE the striking of the ordinance to be transparent about campaign contributions. 

Unethical behavior and conflicts of interest will slip under the radar if this ordinance is stricken. Sincerely, Karen V. Peck Lisle Township, Precinct 004 Rayna Beauchamp (Naperville) I support the ethics ordinance requiring disclosure of donations of $$750+ when the donor’s matters are before council. 

I DO think the ordinance must be improved to capture the outside influences we saw in yesterday’s election. Also the code of conduct for council members and board and commission appointees must be applied consistently. Candidates are supported by different PACs: firefighters, police, realtors, trades, etc. 

However every mailer, call, or text from those PACs was disclosed, amplified endorsed candidates, and did NOT smear named candidates. The Safe Suburbs USA PAC chair is a current library trustee, former councilman, and attorney. His letters to the editor and social media decried PAC Naperville Forward’s mailers which did not name names but warned of consequences if extremists were elected. It was a heated discussion in these chambers as well. 

In January, Safe Suburbs posted a picture of park district candidate John Risvold on Facebook stating he was running to drum up personal injury business and accused him of seeking to “gain intel to harass local businesses and homeowners”. Did I miss when the chair of Safe Suburbs and library trustee repudiated this post? Was this conduct acceptable for a city representative? Dark money. Billionaire Dick Uihlein lives in the north suburbs and has a business in Wisconsin. He is a mega donor to right wing state and national causes and made large donations to Dupage Policy Journal and Safe Suburbs in the last year. Several hit pieces appeared in Dupage Policy Journal about LEGAL property tax breaks councilmen Holzhauer and White were eligible for as veterans with CERTIFIED disabilities. A reporter revealed that the story had been shopped by a former city councilman who was an attorney. This publication also smeared councilman White’s spouse, a community contributor who has led a non-profit since prior to Mr. White joining council, and questioned his ethics on STAFF-VETTED project grants submitted as a package which passed 9-0. Coalition for Jobs Growth and Prosperity texted the hit pieces to voters and sent mailers packed with lies and laced with racism that attacked candidate White and praised mayor-elect Wehrli. This PAC has not filed documentation with the state election board and mayor-elect Wehrli has not reported in-kind donations nor repudiated any of the above - nobody previously upset over Naperville Forward’s mailers expressed outrage over the attacks on a sitting councilman and his family. So we have swift boating a 22 year army vet, a reporter who said they heard the story from a former city councilman who was an attorney, an unregistered PAC doing dirty work that benefits one candidate, and a billionaire outsider funding various entities pushing smear campaigns against specific named candidates in non-partisan races. I call on council to CONSISTENTLY investigate and apply the code of conduct and improve the ethics ordinance to make it difficult for dark money and outsiders to influence our non-partisan races. 

First reading held.  

M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE:  

1. Approve the award of Bid 23-042, Landscape, Maintenance, Mowing and Herbicide  Services, to Local Lawn Care & Landscaping, Ramiro Guzman Landscaping, Inc. and  Groundworks Land Design for an amount not to exceed $1,552,894, and for a two-year term 

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve the award of Bid 23-042, Landscape, Maintenance, Mowing and Herbicide Services, to Local Lawn Care & Landscaping, Ramiro Guzman Landscaping, Inc. and Groundworks Land Design for an amount not to exceed  $1,552,894, and for a two-year term. The motion carried by the following vote:  

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

2. Approve the award of Bid 23-016, 2023 Sanitary Sewer Service Lateral Lining and  Vac-A-Tee Installation, to Performance Pipelining, Inc. for an amount not to exceed  $1,949,995 plus a 3% contingency 

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve the award of Bid 23-016, 2023 Sanitary Sewer Service Lateral Lining and Vac-A-Tee Installation, to Performance Pipelining, Inc. for an amount not to  exceed $1,949,995 plus a 3% contingency. The motion carried by the following vote:  

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

3. Approve the award of RFQ 23-034, Single and Three Phase Transformer Qualifications, to UUSCO of Illinois, Inc. and WEG Transformers USA for an amount not to exceed  $7,300,000 and a two-year term (Item 1 of 2) 

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve the award of RFQ 23-034, Single and Three Phase Transformer Qualifications, to UUSCO of Illinois, Inc. and WEG Transformers USA for an amount not to exceed $7,300,000 and a two-year term. The motion carried by the following vote:  

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

4. Approve the award of Change Order #1 to Contract 23-034, Single and Three Phase  Transformer Qualifications, to allow refurbished transformers and extend the RFQ  response time through the end of the award term (Item 2 of 2) 

A motion was made by Councilman White, seconded by Councilman Hinterlong, to approve the award of Change Order #1 to Contract 23-034, Single and Three Phase Transformer Qualifications, to allow refurbished transformers and extend the RFQ response time through the end of the award term. The motion carried by the following vote:  

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

N. PETITIONS AND COMMUNICATIONS:  

O. REPORTS AND RECOMMENDATIONS:  

1. Option A: Concur with the petitioner and direct staff to prepare an extension to the fire  suppression installation agreement for 19 N. Washington Street thereby permitting delay  of the installation of the required fire suppression system to December 31, 2029; or Option B: Concur with staff and deny the petitioner’s request for an extension to the  established fire suppression installation agreement for 19 N. Washington Street thereby  requiring installation of the required fire suppression system by no later than December  31, 2029 Holzhauer recused himself due to a conflict of interest and left the dais from 8:08 p.m. - 8:29 p.m.

White disclosed that he received campaign donations in excess of the $750 limit.

Dan Imburgia (Petitioner and property owner) explained that installing the fire suppression equipment will create a hardship, that the requirement was not clear when they purchased the property, that the original owner was not involved in the transaction, and requests an extension through the end of the lease. 

Council discussed the importance of public safety and fire suppression equipment. 

Novack explained the square foot limit for restaurants and stated that notifications were made three times in five years. 

DeAnda provided examples of sprinkler costs, stated that up to 80% may be written off in taxes, and encouraged the Petitioner to get quotes. 

Marilyn L Schweitzer (Naperville) spoke in support of Option B and offered process improvements for notification. 

Basim Esmail discussed his experience with sprinkler installation and provide cost examples. 

A motion was made by Councilman White, seconded by Councilman Hinterlong, to (Option B) concur with staff and deny the petitioner’s request for an extension to the established fire suppression installation agreement for 19 N. Washington Street thereby requiring installation of the required fire suppression system by no later than December 31, 2023. The motion carried by the following vote:  

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

Recused: 1 - Holzhauer 

2. Consider three options for providing financial assistance to the Naperville Tornado Relief  Fund and direct staff accordingly 

Kristy Kennedy (Naperville Tornado Relief) discussed the $1 million grant from the State of Illinois and spoke in favor of receiving funding assistance from the City. 

Council asked about community outreach and whether there has been consideration to add neighbors outside of the geographic zone identified by NTR. 

Kennedy explained how the map was developed, the criteria used by the tax assessor, and that expanding to the west would require far more funding. 

Council discussed the questions posed to the speaker, stated City staff can make modifications to funding amounts, and that this is an opportunity to develop a process to assist residents affected by future disasters. 

Kennedy stated that the money from the State of Illinois is unrestricted but will be used for yard remediation, that any unused money will be returned to the state or the City, that the bulk of remediation needs are east of Ranchview, and that any other improvements will be paid by the homeowner. 

Council discussed the appropriateness of NTR expanding the map of affected residents, advancing money to recipients similar to the arrangement with Century Walk, reimbursing residents similar to SECA and SSG, the importance of oversight, and that a funding commitment can be made now with program specifics determined at a later time. 

Mayer stated that the source of City funding has not been identified, there is surplus in General Fund, and that additional reporting is necessary if ARPA funds are used. 

Selvei Rajkumar (Naperville Tornado Relief/Muthusami Paravel Foundation) spoke in favor of funding. 

Marilyn L Schweitzer (Naperville) spoke in favor of funding. 

A motion was made by Councilwoman Bruzan Taylor, seconded by Councilman Holzhauer, to provide Naperville Tornado Relief Fund up to $500,000 according to the plan provided. The motion carried by the following vote:  

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

Nay: 1 - Chirico 

P. NEW BUSINESS:  

Bicycle Pedestrian Advisory Committee (BPAC) 

Hinterlong explained the history of BPAC, discussed the bikeability/walkability survey that is currently live, and asked if bike enthusiasts are on the Transportation Advisory Board (TAB). 

Novack explained that TAB members participated on the team that developed the survey. 

Q. ADJOURNMENT:  

A motion was made by Councilman Hinterlong, seconded by Councilman White, to adjourn the Regular City Council Meeting of April 5, 2023 at 9:14 p.m. The motion carried by a voice vote.  

https://naperville.legistar.com/Calendar.aspx