City Council

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Minutes City Council Tuesday, May 17, 2022 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-WOW, Ch. 10 - Comcast, Ch. 99 - AT&T) • Watch online at https://naperville.legistar.com TO SUBMIT PUBLIC COMMENT OR SPEAK LIVE AT THE MEETING: To address the City Council in-person in City Council Chambers, members of the public must register by 4 p.m. on May 17 at: www.naperville.il.us/speakersignup The public may choose to provide public comment in any of the following ways: 1. Submit a written comment to the City in advance of the City Council meeting by 4 p.m. on May 17. Written comments will be compiled and posted with the electronic meeting agenda on the City’s website prior to the start of the meeting. The cumulative number of comments will be announced during the City Council meeting. 2. Submit a one-word statement of “SUPPORT” or “OPPOSITION” regarding a specific agenda item. The names of participants who submitted position statements will be compiled and posted with the electronic meeting agenda on the City’s website prior to the start of the meeting. The cumulative number of position statements will be announced during the City Council meeting. 3. Address the City Council live during the City Council meeting in-person in City Council Chambers. Individuals wishing to address the Council during the meeting must sign up to speak by 4 p.m. on May 17. Online sign-up closes at 4 p.m. on May 17, at which time no other speakers or comments will be accepted. There will be no on-site speaker sign up. PUBLIC ACCOMMODATION: • Any individual who may require an accommodation to listen to or participate in the meeting should contact the Community Services Department at (630) 305-5300 by 4 p.m. on May 17. • 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 6/8/2022 City Council Meeting Minutes May 17, 2022 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 6:15 p.m. B. ROLL CALL: Present: 8- Mayor Steve Chirico Councilwoman Jennifer Bruzan Taylor Councilwoman Patty Gustin Councilman Paul Hinterlong Councilman Ian Holzhauer Councilman Paul Leong Councilwoman Theresa Sullivan Councilman Benjamin White Absent: 1- Councilman Patrick Kelly C. CLOSED SESSION - 6:15 p.m. A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to recess to Closed Session to discuss 120/2(c)(8) Safety & Security Procedures and 120/2(c)(21) Approval of Minutes. The motion carried by the following vote: Aye: 8- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Leong, Sullivan, and White Absent: 1- Kelly OPEN SESSION - 7:00 p.m. Chirico called the meeting to order at 7:00 p.m. City of Naperville Page 2 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 D. ROLL CALL: Present: 9- Mayor Steve Chirico Councilwoman Jennifer Bruzan Taylor Councilwoman Patty Gustin Councilman Paul Hinterlong Councilman Ian Holzhauer Councilman Patrick Kelly Councilman Paul Leong Councilwoman Theresa Sullivan Councilman Benjamin White Also Present City Manager, Doug Krieger; Deputy City Manager, Marcie Schatz; City Attorney, Mike DiSanto; Director of Community Services/City Clerk, Pam Gallahue; Fire Chief, Mark Puknaitis; Police Chief, Jason Arres; Budget Manager - Finance, Ray Munch; Director of Human Resources, James Sheehan; Director of IT, Jacqueline Nguyen; Deputy City Engineer - TED, Andy Hynes; Deputy Director of TED, Allison Laff; Director of Public Utilities - Water, Darrell Blenniss, Jr.; Facilities and General Services Manager - Public Works, Beth Ann Lang; Director of Communications, Linda LaCloche Daily Herald, Naperville Sun, NCTV-17 E. PLEDGE TO THE FLAG: The pledge was given. F. AWARDS AND RECOGNITIONS: Chirico recognized Deputy Fire Chief Amy Scheller for her 24 years of service with the City of Naperville and congratulated her on her promotion to Fire Chief in the City of Dubuque, Iowa. 1. Presentation of Fire Chief’s Citizen Awards Puknaitis presented the Fire Chief’s Citizen Award. 2. Presentation of Mutual Aid Box Alarm System (MABAS) Humanitarian Service Award Puknaitis presented the Mutual Aid Box Alarm System (MABAS) Humanitarian Service Award to members of the Naperville Fire Department. 3. Proclaim May 25 - 29, 2022 VFW Buddy Poppy Days in the City of Naperville City of Naperville Page 3 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 Hinterlong presented the Proclamation to members of the Judd Kendall VFW Post 3873. Chirico discussed the Peace Officer ceremony held on May 16 at the Naperville Public Safety Plaza and announced May 15-May 22 as National Police Officer Week. G. PUBLIC FORUM: Solar panel installation Gabe Curtis (Naperville Central High School student) asked Council to draft a power purchase agreement (PPA) to install solar panels on the school. Chirico explained that renewable energy credits (RECs) are more valuable at this time and stated that grants and awards are more appropriate for a school. Council requested information on PPAs and financing options for schools. Short-term rentals/AIRBNB Nilofer Shereen requested that short-term rentals be allowed. Chirico explained why the City prohibits short-term rentals. Discrimination Mary Ann Curtis discussed the need to end discrimination for various groups. H. CONSIDERATION OF MOTION TO USE OMNIBUS METHOD FOR THE CONSENT AGENDA: A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, 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 Councilwoman Gustin, to approve the Consent Agenda with the exception of items I9 and I11. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 1. Approve the Cash Disbursements for the period of 04/01/2022 through 04/30/22 for a total of $25,588,389.72 Council approved. 2. Approve the regular City Council meeting minutes of May 3, 2022 Council approved. City of Naperville Page 4 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 3. Approve the City Council meeting schedule for June, July and August 2022 Council approved. 4. Approve the award of Cooperative Procurement 22-160, Ambulance Replacement - Unit 331, to Foster Coach Sales, Inc. for an amount not to exceed $318,563 Council approved. 5. Approve the award of RFP 22-071, EMS & Non-EMS Billing Services, to Ambulance Billing Services, for a three-year term Council approved. 6. Approve the award of RFP 22-097, CAD/RMS Consultant Services, to Federal Engineering, Inc., for an amount not to exceed $133,098 Council approved. 7. Approve the award of RFP 22-128, Downtown Streetscape - Washington Street Phase II Design Engineering, to Civiltech Engineering for an amount not to exceed $229,744.50 Council approved. 8. Approve the award of Option Year Three to Contract 19-064, SCADA Maintenance Services, to Advanced Automation and Controls (AAC) for an amount not to exceed $145,000 Council approved. 9. Approve appointments and reappointments to various Boards & Commissions Melissa Gross encouraged appointments be aligned with the City’s diversity, equity, inclusion goals. Mark Borowicz spoke against the Library Board appointment. Margie Wolf (Naper Pride) urged Council to develop a transparent nomination process and discussed expectations of a Library Board appointment. Eric Sutton spoke against the Library Board appointment. Andrea Beaty spoke against the Library Board appointment. Kevin Coyne rebutted speakers’ comments and discussed reasons why he wants to be appointed. POSITION STATEMENT Jan Pfeifer - OPPOSE Melissa Gross - OPPOSE WRITTEN COMMENT ONLY City of Naperville Page 5 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 Derek Miller - I am against the appointment of Kevin Coyne for the Naperville Public Library Board of Trustees. While I appreciate the service he has provided as a public servant to Naperville, his association as a moderator and member of the Awake Illinois group should be disqualifying. The group harassed members of the St. Charles Public Library and the violent threats leveled at the library forced it to close for a period of time. Mr. Coyne did not saying anything at the last meeting to disavow those actions even if he wasn't personally involved in the incident. I know Mayor Chirico and many current councilmembers know Mr. Coyne personally, but I hope that does not get in the way of making an unbiased decision on his appointment. While I agree that our city is best served when our boards are populated by citizens of varying backgrounds and ideologies, being a part of a group that threatens library staff members should be disqualifying from any position serving the public, let alone a position with the library. I ask the council to please vote "No" on Mr. Coyne's appointment. Lynn Gosselin - Per the agenda for the 5/17 City Council meeting, Shannon Adcock is not being recommended at this time for SECA and Kevin Coyne is being recommended for the Library board. Mrs. Adcock was quoted in the May 12th Daily Herald saying "I was on the receiving end of most of the hateful remarks and lies about my advocacy, so it's probably wise that it be PARKED FOR NOW." (CAPS for emphasis). Let's be clear, the hateful remarks were Mrs. Adcock's own words or the words of her organization, Awake. The posts were from years ago and from as recently as last week. There should be no "for now" promises. Mrs. Adcock has demonstrated over and over that she is unfit for any government role, at any time. Period. Mr. Coyne is on the agenda and per the Mayor's quote in the same Daily Herald article, it is reasonable to assume that he is confident he has the votes on Council. I ask that you all reconsider. I understand that many, if not all, of you have current personal and working relationships with Mr. Coyne or have had them in the past. And you probably feel that history you share is the same as vetting a candidate. It is not. Mr. Coyne's recent behavior undermines whatever DEI and steward of government credibility he may have once had. Mr. Coyne is a vocal supporter of Mrs. Adcock and Awake. He has not backed down once, even after listening to citizen after citizen read Mrs. Adcock and Awake's abhorrent social media posts. His Safe Suburbs PAC has been on fire criticizing Chicago for violence (over 90% of posts) but has said not one word about the 18 year old white supremacist who wrote a replacement theory manifesto, drove to Buffalo, and murdered a dozen black people this weekend. Not one thing. And it's not because it is out of market. On March 31, 2022, Safe Suburbs posted about officers shot in Lebanon, PA. He may have supported DEI when he was on City Council but he currently seems intent on attacking diverse communities for the purpose of scaring suburban voters into voting for authoritarians who will crack down on diverse communities. But if that does not convince you, this should. He's nominated for LIBRARY board. He supports Shannon Adcock and Awake. Shannon Adcock and Awake led a maskless protest at the St. Charles Library. They gleefully streamed the entire thing and then when their followers contacted the library with threats and the library was closed due to these threats, Kevin Coyne said NOTHING. He does not currently demonstrate the character and judgment to be on the Library's board. Please put aside your histories with Mr. Coyne and evaluate this candidate based on his current actions. If you do, I am confident you will realize there are more qualified candidates who will protect City of Naperville Page 6 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 and expand Naperville Public Library's mission, not undermine it. Meena Banasiak - I am writing to express grave concern with Mayor Chirico's recommendation to appoint Kevin Coyne to the Naperville Public Library's Board of Trustees. This nomination is extremely concerning to our entire community, not because of a difference in "liberal or conservative" politics, but because of Mr. Coyne's active involvement in and advocacy of Awake Illinois. Earlier this year, the St. Charles library was forced to close after actions taken by members of Awake resulted in library staff receiving numerous threatening messages. Mr. Coyne has served as a Facebook moderator for Awake, attended their events in person, and continued to defend Shannon Adcock (founder and president of the group) in spite of public outcry over her many disturbingly offensive social media posts and public comments. How can our library staff and patrons feel safe with someone on the Board who supports a group that both expressed and incited threats to a nearby library? Furthermore, Awake Illinois' initiatives are rooted in intolerance and denigration of those who actively work toward upholding diversity, equity, and inclusion. Given Mr. Coyne's allegiance to this organization, voting to approve his appointment to the Library's Board would be completely antithetical to both the library's and the city's commitments to DEI. City Council Members: Please use your vote to DENY the nomination of Mr. Coyne to the Library Board. His involvement with and defense of Awake Illinois are evidence that he will NOT serve in the best interests of the library and that he is incapable of upholding our city's stated mission to create an inclusive community that values diversity. <https://www.chicagotribune.com/suburbs/aurora-beacon-news/ct-abn-st-charl es-closure-security-services-st-0130-20220128-jc5cfqleaze3fjgqcjcvutke74-sto ry.html> <https://kanecountyconnects.com/2022/02/update-st-charles-library-has-reope ned-with-increased-security/> <https://www.naperville-lib.org/content/diversity-statement-naperville-public-libra ry> <https://www.naperville.il.us/government/> Ellen L May - Mayor Chirico and Council Members: Public libraries support one of our democracy’s core values: intellectual freedom. Trustees of public libraries are tasked with advocating for that value. Therefore, when appointing someone to sit on the board of a public library, we must consider if that person will represent the community in its pursuit of intellectual freedom. Mayor Chirico wants to appoint Kevin Coyne to the board of Naperville’s Public Library. Mr. Coyne is an active member of an extremist group called Awake Illinois. Awake Illinois openly and routinely speaks out against members of the LGBTQ community, people of color, and non-Christian religions. At the last City Council meeting, Naperville residents read from Awake’s social media accounts to share the group’s agenda, so I will not re-iterate that here. How can Mr. Coyne actively support a group like Awake that wants to silence people who do not conform to its beliefs and at the same time, protect our library whose main value is intellectual freedom? The answer is that he cannot. I find it stunning that Mayor Chirico would even consider appointing Mr. Coyne to any board representing the entire Naperville community, much less the public library. Mayor Chirico and City Council members, if you truly believe that hate has no home in Naperville, you will not appointment Kevin Coyne to the public library board. City of Naperville Page 7 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 Janice F Guider, MPH, CHES - In the interest of full disclosure, I am one of the persons targeted by AWAKE_IL and Freedom Illinois. The former has me listed on its "Watchdog" list. Why? Because I supported my community, particularly our schools planning vaccine clinics to help mitigate the spread and severe SARS-CoV-2 disease. In the wake of the hate-fueled murders of 10 Americans who happened to be African-American in Buffalo, New York, this past weekend and AWAKE_IL's reckless response (Twitter), I feel more compelled than ever to ask my mayor and city council members to please don't sanction AWAKE_IL racist idealogy into our community. Listening to Kevin Coyne speak recently, his decision to join AWAKE_IL, including serving as moderator of its social media sites, is astounding and revealing. He is not the right person to sit on our Library Board. Tolerance of the intolerant is not acceptable. Public health and civic engagement go hand in hand and drive equity throughout the Naperville community. The work to improve health outcomes requires, with intention, the will to create safe and healthy spaces for all residents to grow and thrive and be safe where we live. The CITY OF NAPERVILLE MISSION STATEMENT reads, "To provide services that ensure a high quality of life, sound fiscal management, and a dynamic business environment while creating an inclusive community that values diversity." If Naperville is truly a community of belonging, there is no room for intolerance, particularly regarding race, ethnicity, religion, and gender. To best sum up our DEI Statement: "The City of Naperville is intentional about diversity, equity, and inclusion efforts in Naperville and recognizes that diversity in our community and organization makes the city stronger." Dare we compromise our DEI efforts with a welcome mat to AWAKE_IL? The hypocrisy to even consider anyone from this extremist group is astounding. "Nuanced in racism or bigotry is anti- an ideology deeply ingrained in Awake_IL ... its leaders and members. Naperville, a community of belonging, cannot welcome Anti-DEI, Anti-BIPOC, Anti-LGBTQIA, and ANTI-CRT as ANTI runs against Naperville's commitment to being intentional about inclusion for all its residents. Health disparities exist and disproportionately impact historically marginalized populations, both the quality of life and lifespan. Systems that support discrimination in any form cause harm, and studies demonstrate this harm; the chronic toxic stress linked to racism results in chronic non-communicable disease. In other words, minority families will continue to experience harm because of systems that support institutional racism. The disproportionate mortality associated with the pandemic illustrates the historical burden of minorities as causality for numerous diseases is linked to racist systems and stress... referred to as the allostatic load. Naperville cannot decidedly assemble a social system built around anti-DEI, anti-CRT, anti-LGBTQIA, anti-social and emotional learning, and anti-evidence-based data threatens our collective scholarship to consider intelligent thoughts and effective action. We all enjoy the freedom of free speech, but with this freedom comes responsibility and accountability for Naperville's stated mission. Is a hostile environment needed for any Board, especially our Library Boards, to function at its maximum? The presence of any representation from AWAKE-IL will impede diverse perspectives from actualizing our mission to be intentional about DEI. Instead, these boards should deliberately reflect race, ethnicity, gender, age, culture, language, and disability at a surface level. Recently, the DuPage County Board awarded $$10 million in social service grants to address the needs of our community. Many of those needs align with building systems to improve City of Naperville Page 8 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 opportunities for optimal health outcomes for our vulnerable populations. Naperville can become the leader in building bridges or systems to expand the opportunity for all its residents to feel welcomed with DEI robustly driving services throughout our city. We can partner with our hospitals by improving our cultural outreach to understand better the uniqueness each population offers to make Naperville an enriching place to live and educate future clinicians with intentional systems to promote cultural competence that will improve health delivery and outcomes. We can no longer afford the ANTI in our humanity... the bitterness and hostility are detrimental to the health of Naperville residents and costly. Studies show that toxic stress linked to discrimination is the causality of many non-communicable diseases and may start in childhood. We need cultural activities to build on social and emotional learning. The allostatic load of our bodies responding to stress results in premature death in African American/Black populations regardless of socioeconomic status. Some Napervillians meet the qualifications for either of our boards... Namely, Dr. Robert O. Harris. With all due respect to Mayor Chirico and members of our City Council, please be intentional about our collective commitment to diversity and inclusion when making these necessary appointments and not disrupt Naperville's progress. Naperville has been my home for close to 40 years now, and I want to continue to see us thrive. Thank you. JF Guider Council discussed the nomination process, candidate qualifications, the City’s mission statement, that appointments should make positive contributions to community, votes on previous appointments, the impact of social media, the appropriateness of developing a Code of Conduct for board/commission volunteers, benefits of tabling the item, previous racial incidents in the community, the need to take proactive and educational approach to differences, and the number of residents that have traditionally attended Library Board meetings. A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to approve reappointments to various Boards and Commissions. The motion carried by the following vote: Aye: 8- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, and White Nay: 1- Sullivan 10. Accept the public underground improvements at Naperville Crossing Community and authorize the City Clerk to reduce the corresponding public improvement surety Council accepted. 11. Waive the first reading and pass the ordinance amending Section 3-3-11:3 of the Naperville Municipal Code to eliminate the cap on Outdoor Seating permits (requires six positive votes) [ORIGIAL AGENDA ITEM PUBLISHED ON MAY 11, 2022, AMENDED & REPUBLISHED ON MAY 13, 2022] Gary D. Smith (Accessible Community Task Force) suggested the sidewalk path be extended to eight feet. City of Naperville Page 9 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 Council stated no tables will be on Washington Street, discussed input from the Accessible Community Task Force, appropriateness of having eight feet paths, and fencing. Enactment No.: ORD 22-049 A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to waive the first reading and pass the ordinance amending Section 3-3-11:3 of the Naperville Municipal Code to increase the cap on Outdoor Seating permits from five to six for the Lantern. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 12. Waive the first reading and pass the ordinance amending Section 3-3-11:1 of the Naperville Municipal Code to allow the service of spirits under the Class R - Legitimate Theater House liquor license and set a cap of three for Class R licenses (requires six positive votes) POSITION STATEMENT Cherryl Marcey (The Matrix Club) - SUPPORT Enactment No.: ORD 22-047 Council passed. 13. Pass the ordinance to establish temporary street closures and issue a Special Event permit for the Downtown Naperville Car Show on Saturday, June 18, 2022 Enactment No.: ORD 22-048 Council passed. J. PUBLIC HEARINGS: K. OLD BUSINESS: L. ORDINANCES AND RESOLUTIONS: M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE: N. PETITIONS AND COMMUNICATIONS: O. REPORTS AND RECOMMENDATIONS: 1. Approve the Public Art Exploratory Task Force recommendation and direct staff to prepare an ordinance establishing a Public Arts Program through the expansion of the SECA Commission Eric Sutton discussed goals of the program. Tony Andrews (Art of Inclusion - Naperville Public Art Task Force) spoke in favor of the recommendation. City of Naperville Page 10 Printed on 6/8/2022 City Council Meeting Minutes May 17, 2022 Anna Lankisch (Naperville Public Art Task Force - Student Representative) spoke in favor of the recommendation. Sun Kwok (Art of Inclusion - Naperville Public Art Task Force) spoke in favor of the recommendation. Council discussed public funding and the appropriateness of City ownership, the Applicant Manual, application requirements for students and individual artists, agreements to place art on private property, permanent capital and temporary art works, conflict of interest protocols, recycling, and existing SECA Commission membership. A motion was made by Councilwoman Bruzan Taylor, seconded by Councilwoman Gustin, to approve the Public Art Exploratory Task Force recommendation, direct staff to prepare an ordinance establishing a Public Arts Program through the expansion of the SECA Commission, and direct staff to require City ownership of permanent art installations located on City-owned property. The motion carried by a voice vote. P. NEW BUSINESS: Naperville resident summits Mt. Everest Holzhauer congratulated 18-year old Lucy Westlake for being the youngest American woman to summit Mt. Everest and discussed plans for the City to officially recognize her achievement. Q. ADJOURNMENT: A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to adjourn the Regular City Council Meeting of May 17, 2022 at 9:12 p.m. The motion carried by a voice vote. /S/ Pam Gallahue Pam Gallahue, PhD Community Services Director/City Clerk City of Naperville Page 11 Printed on 6/8/2022