City Council

400 S. Eagle Street City of Naperville Naperville, IL 60540 Meeting Minutes City Council Tuesday, August 16, 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-Astound, 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 August 16 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 August 16. 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 August 16. Online sign-up closes at 4 p.m. on August 16, 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 August 16. • 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 9/8/2022 City Council Meeting Minutes August 16, 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 5:30 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 - 5:30 p.m. 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)(11) Pending Litigation, 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 9/8/2022 City Council Meeting Minutes August 16, 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; Division Fire Chief, Dan Smith; Police Chief, Jason Arres; Director of Finance, Rachel Mayer; Director of IT, Jacqueline Nguyen; Director of TED, Bill Novack; Director of Public Utilities - Electric, Brian Groth; Director of Public Utilities - Water, Darrell Blenniss, Jr.; Director of Public Works, Dick Dublinski; Communications Specialist, Ryan Rey Daily Herald, Naperville Sun, NCTV-17 E. PLEDGE TO THE FLAG: The pledge was given. F. AWARDS AND RECOGNITIONS: G. PUBLIC FORUM: Plastic Straw Ban Milo Weese and Madie Weir asked Council to pass an ordinance banning the use of plastic straws. Naperville Responds for Veterans - The Naperville Salute Michele Clemens thanked Council, staff, and volunteers for supporting the 2022 event. 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: City of Naperville Page 3 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Approval of the Consent Agenda A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to approve the Consent Agenda with the exception of items I24 and I25. 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 07/01/2022 through 07/31/2022 for a total of $31,103,024.46 Council approved. 2. Approve the regular City Council meeting minutes of July 19, 2022 Council approved. 3. Approve the City Council meeting schedule for September, October and November 2022 Council approved. 4. Approve appointment to the Financial Advisory Board Council approved. 5. Approve the Calendar Year 2023 SECA Grant Fund Program City Obligation allocations in the amount of $969,272 Council approved. 6. Approve the award of Sole Source Procurement 22-245, Distribution Automation Switchgear, to Universal Utility Supply Company for an amount not to exceed $497,000 Council approved. 7. Approve the award of Sole Source Procurement 22-246, S&C 6800 Series Padmount Retrofit Kits, to Universal Utility Supply Company for an amount not to exceed $364,175 Council approved. 8. Approve the award of Cooperative Procurement 22-230, Audio/Video Interview Room System, to Axon Enterprise, Inc. for an amount not to exceed $148,957.85 and for a five-year term Council approved. 9. Approve the award of Cooperative Procurement 22-240, Van Buren parking deck stairwell maintenance and painting, to Garland/DBA for an amount not to exceed City of Naperville Page 4 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 $104,841 plus a 5% contingency Council approved. 10. Approve the award of Cooperative Procurement 22-247, Cable Purchase, to Anixter Power Solutions, LLC. for an amount not to exceed $433,597.50 Council approved. 11. Approve the award of Change Order #1 to Cooperative Procurement 22-208, Substation Battery Replacements, to Wesco for an amount not to exceed $60,949 and a total award of $243,796 Council approved. 12. Approve the award of Change Order #1 to Procurement 19-256, Construction Documents, Bidding, and Engineering Services, to Walker Consultants for an amount not to exceed $15,117.88 and for a total award of $315,117,88 Council approved. 13. Waive the applicable provisions of the Naperville Procurement Code in order to award Procurement 22-249, Police Patrol Vehicle Replacements (Units 164 and 188 Dodge Charger sedans), Sutton Ford for an amount not to exceed $77,946 (requires 6 positive votes) Council approved. 14. Receive the staff report for 445 Aurora Avenue (Charleston Row III) - PZC 22-1-034 (Item 1 of 3) Enactment No.: ORD 22-084 Council approved. 15. Pass the ordinance approving the preliminary/final plat of subdivision and the Owner’s Acknowledgement and Acceptance for 445 Aurora Avenue (Charleston Row III) - PZC 22-1-034 (Item 2 of 3) Enactment No.: ORD 22-084 Council passed. 16. Pass the ordinance approving a conditional use in the OCI district to permit a single-family attached dwelling development and variances to (i) area requirements for single family attached dwellings in the OCI district; (ii) the perimeter landscaping requirements for parking lots; (iii) the screening requirements for parking adjacent to residential; and (vi) the front setback for guest parking for 445 Aurora Avenue (Charleston Row III) - PZC 22-1-034 (Item 3 of 3) Enactment No.: ORD 22-085 Council passed. City of Naperville Page 5 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 17. Pass the ordinance approving a conditional use for public assembly in the ORI district for the IPSD 204 STEPS Program - PZC 22-1-062 Enactment No.: ORD 22-086 Council passed. 18. Pass the ordinance approving a minor change to the conditional use for 216 E Ogden Avenue (Autumn Homes) - PZC 22-1-032 Enactment No.: ORD 22-087 Council passed. 19. Pass the ordinance to establish temporary traffic controls and issue a Special Event permit for the 2022 Riverwalk Fine Art Fair on September 17-18, 2022 Enactment No.: ORD 22-088 Council passed. 20. Pass the ordinance to establish temporary traffic controls and issue Special Event and Amplifier permit for the 2022 Last Fling and Labor Day Parade on Friday, September 2 through Monday, September 5, 2022 Enactment No.: ORD 22-089 Council passed. 21. Approve the fireworks display application and issue a permit for the Fawn Lake Homeowners Association event that was held on August 12, 2022 Council approved. 22. Adopt the resolution authorizing a workers’ compensation settlement contract between Brett Daggett and the City of Naperville Enactment No.: RES 22-18 Council adopted. 23. Adopt the resolution approving the Intergovernmental Agreement between the County of DuPage and the City of Naperville for 2022 Road Pavement Maintenance-South Region Section No. 22-OVMTC-18-GM Enactment No.: RES 22-19 Council adopted. 24. Adopt the resolution approving the Intergovernmental Agreement and Memorandum of Understanding between Naperville Community Unit School District 203 and the City of Naperville for School Resource Officers City of Naperville Page 6 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 SPEAKERS Kevin Coyne (Safe Suburbs USA PAC) thanked Council for continuing the relationship with the schools. Richard J Wistocki discussed the benefit of having officers train school staff. Enactment No.: RES 22-20 A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to adopt the resolution approving the Intergovernmental Agreement and Memorandum of Understanding between Naperville Community Unit School District 203 and the City of Naperville for School Resource Officers. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 25. Adopt the resolution approving the Memorandum of Understanding between Indian Prairie School District 204 and the City of Naperville for School Resource Officers Enactment No.: RES 22-21 A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to adopt the resolution approving the Memorandum of Understanding between Indian Prairie School District 204 and the City of Naperville for School Resource Officers. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 26. Table the resolution authorizing execution of the Affordable Senior and IDD Housing Major Business Terms between the City of Naperville and Gorman & Company, LLC to September 6, 2022 Council tabled. J. PUBLIC HEARINGS: 1. Receive the staff report and conduct the public hearing to consider the annexation agreement for property located at 841 South Julian Street - PZC 22-1-016 (Item 1 of 5) Chirico opened the Public Hearing at 7:21 p.m. A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to close the Public Hearing at 7:21 p.m. The motion carried by a voice vote. 2. Pass the ordinance authorizing the execution of the annexation agreement for property located at 841 South Julian Street - PZC 22-1-016 (requires six positive votes) (Item 2 of 5) Enactment No.: ORD 22-090 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance authorizing the execution of the Annexation Agreement for property located at 841 South Julian Street - PZC 22-1-016. The City of Naperville Page 7 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 3. Pass the ordinance annexing 841 South Julian Street - PZC 22-1-016 (Item 3 of 5) Enactment No.: ORD 22-091 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance annexing 841 South Julian Street - PZC 22-1-016. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 4. Pass the ordinance rezoning 841 South Julian Street to R1A upon annexation - PZC 22-1-016 (Item 4 of 5) Enactment No.: ORD 22-092 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance rezoning 841 South Julian Street to R1A upon annexation - PZC 22-1-016. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 5. Pass the ordinance approving a deviation to the platted building line for property located at 841 South Julian Street - PZC 22-1-016 (Item 5 of 5) Enactment No.: ORD 22-093 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance approving a deviation to the platted building line for property located at 841 South Julian Street - PZC 22-1-016. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 6. Receive the staff report and conduct the public hearing to consider the annexation agreement for the property located at 24254 111th Street (The Belvedere) - PZC 22-1-023 (Item 1 of 6) Chirico opened the Public Hearing at 7:24 p.m. A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to close the Public Hearing at 7:24 p.m. The motion carried by a voice vote. 7. Pass the ordinance authorizing the execution of an annexation agreement for the property located at 24254 111th Street (The Belvedere) - PZC 22-1-023 (Item 2 of 6) Enactment No.: ORD 22-094 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance authorizing the execution of an annexation City of Naperville Page 8 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 agreement for the property located at 24254 111th street (The Belvedere) - PZC 22-1-023. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 8. Pass the ordinance annexing certain property located at 24254 111th Street (The Belvedere) - PZC 22-1-023 (Item 3 of 6) Enactment No.: ORD 22-095 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance annexing certain property located at 24254 111th Street (The Belvedere) - PZC 22-1-023. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 9. Pass the ordinance rezoning certain property located at 24254 111th Street to OCI (The Belvedere) - PZC 22-1-023 (Item 4 of 6) Enactment No.: ORD 22-096 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance rezoning certain property located at 24254 111th Street to OCI (The Belvedere) - PZC 22-1-023. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 10. Pass the ordinance approving a preliminary plat of subdivision for The Belvedere - PZC 22-1-023 (Item 5 of 6) Enactment No.: ORD 22-097 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance approving a preliminary plat of subdivision for The Belvedere - PZC 22-1-023. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White 11. Pass the ordinance approving a conditional use in the OCI zoning district to allow a multi-family residential development, a conditional use for a PUD, and a preliminary PUD plat for The Belvedere - PZC 22-1-023 (Item 6 of 6) Enactment No.: ORD 22-098 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to pass the ordinance approving a conditional use in the OCI zoning district to allow a multi-family residential development, a conditional use for a PUD, and a preliminary PUD plat for The Belvedere - PZC 22-1-023. The motion carried by the following vote: Aye: 9- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White City of Naperville Page 9 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 K. OLD BUSINESS: O. REPORTS AND RECOMMENDATIONS: A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to move item O1 before items L1-L3. The motion carried by a voice vote. 1. Receive the August 2022 Financial Report Mayer presented the August 2022 Financial Report, stated that the City’s overall budget remains in line with expectations but changing economic, legislative, and social trends will strongly influence the 2023 budget and the City’s resources. The report was received. L. ORDINANCES AND RESOLUTIONS: 1. Adopt the resolution expressing the City of Naperville’s intent to consider designation of a Business District at 1256 through 1290 East Chicago Avenue Enactment No.: RES 22-22 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to adopt the resolution expressing the City of Naperville’s intent to consider designation of a Business District at 1256 through 1290 East Chicago Avenue. The motion carried by the following vote: Aye: 8- Chirico, Gustin, Hinterlong, Holzhauer, Kelly, Leong, Sullivan, and White Nay: 1- Bruzan Taylor 2. Adopt the resolution supporting continued efforts to resolve public safety concerns with the Safe-T Act SPEAKERS Kevin Coyne (Safe Suburbs USA PAC) spoke in favor of the resolution. Margaret Stephens spoke in favor of no cash bail component of the Safe-T Act. George Gutierrez (The People's Lobby) spoke in favor of no cash bail component of the Safe-T Act. Eric Dorsey spoke in favor of no cash bail component of the Safe-T Act. Dianne McGuire spoke against the resolution. Karen V Peck spoke against the resolution. State Representative Anne Stava-Murray spoke against the resolution. James Baugh spoke against the resolution. Katrina Baugh (The People’s Lobby) spoke against the resolution. Council discussed problematic provisions in the Safe-T Act and stated that it also contains much-needed changes that are supported by public safety City of Naperville Page 10 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 professionals, that the resolution was not initiated by staff, that if adopted the City has no enforcement power, and that it is a word of encouragement for all parties to talk. Council also stated that the resolution seems redundant, the focus should be on what the City can do, and that the resolution does not detail what changes need to be made. POSITION STATEMENT - OPPOSE Nancy Turner Jan Pfeifer POSITION STATEMENT - SUPPORT John Danza Janet Danza WRITTEN COMMENT ONLY Regina Brent, Founder, Unity Partnership Organization - Unity Partnership support the Safety Act and Cash Bail Reform Bill. Over the past decades, people of color and others in rural communities have suffered from financial heartship of not being able to make bail for minimal criminal offenses. While we are concerned about domestic violence or any other criminal acts, it's imperative we trust our judicial (elected judges) to critique and review cases based on it's severity, does this person pose a threat to society, consider his/her background. It would be a dishonor to discredit judges who represent our communities, not use their own discretion to set a fair and equitable bail. At the same time, this mandated law will put a cap on cash bail restrictions for minor offenses. Our main focus should be to utilize Senate Bill 64: which encourages the use of restorative justice practices and move away from a punitive system of mass incarceration to a system that repairs harm and addresses trauma. Black men and boys have been used in the penal system far too long only for others to gain capitalism and it needs to stop! Just because we want bail reform does not mean we don't want a safe environment. We want a fair and equal system for all parties concerned. Enactment No.: RES 22-23 A motion was made by Councilwoman Gustin, seconded by Councilman Hinterlong, to adopt the resolution supporting continued efforts to resolve public safety concerns with the Safe-T Act as amended to include "for violent offenders." A motion in substitution was made by Councilman White, seconded by Councilman Kelly, to adopt the resolution supporting continued efforts to resolve public safety concerns with the Safe-T Act as amended to add "for violent offenders," remove the list of problems, and encourage legislators to work with public safety representatives and community stakeholders regarding the Safe-T Act. The motion failed by the following vote: Aye: 2- Kelly, and White Nay: 6- Chirico, Bruzan Taylor, Gustin, Hinterlong, Holzhauer, and Leong Abstain: 1- Sullivan A motion was made by Councilwoman Gustin, seconded by Councilman City of Naperville Page 11 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Hinterlong, to adopt the resolution supporting continued efforts to resolve public safety concerns with the Safe-T Act as amended to include "for violent offenders." The motion carried by the following vote: Aye: 5- Chirico, Bruzan Taylor, Gustin, Hinterlong, and Leong Nay: 3- Holzhauer, Kelly, and White Abstain: 1- Sullivan 3. Pass the ordinance amending Title 3 of the Naperville Municipal Code to prohibit the local commercial sale of assault rifles SPEAKERS Susan Craighead (The League of Women Voters of Naperville) spoke in support of the ordinance. Dana Bussing spoke in support of the ordinance. Amanda Caverzasi spoke in support of the ordinance. Marko Ivanov spoke in support of the ordinance. James R Fancher spoke in support of the ordinance. Julie Puls spoke against the ordinance. Liberty Turner spoke against the ordinance. The meeting recessed from 8:45 p.m. - 8:55 p.m. James Winz spoke against the ordinance. Nicole N Abdallah spoke against the ordinance. Jose Gallego spoke in support of the ordinance. Annette Gallego spoke in support of the ordinance. Dianne McGuire (Indivisible Naperville) spoke in support of the ordinance. Pip Tegtmeyer spoke against the ordinance. Kyle Anderson spoke against the ordinance. Felix Rivera spoke against the ordinance. Jeanie Guenther spoke in support of the ordinance. Ashlyn LaBud spoke in support of the ordinance. Melissa Erickson spoke in support of the ordinance. Tammy Dusenberry - (Representing self, as well as being a member of A Girl and a Gun, Naperville and Lady Sure Shot of Range USA, Naperville) spoke against the ordinance. Betsy Muskat spoke against the ordinance. James Watts spoke against the ordinance. Nicholas Klementzos spoke against the ordinance. Todd Vandermyde spoke against the ordinance. Katrina Karczewski spoke against the ordinance. Elizabeth Carroll (AAUW Naperville IL Area) spoke in support of the ordinance. Bryan Krall spoke against the ordinance. Peter Kokayeff spoke against the ordinance. Matt Seeberg spoke in support of the ordinance. Robert Baldyga spoke against the ordinance. Andrew Lawrisuk spoke against the ordinance. Nancy Chen spoke in favor of the ordinance Michael Wolff spoke against the ordinance. City of Naperville Page 12 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Ann Marie Suter spoke against the ordinance. Gabriel Grigoryan spoke against the ordinance. Betsy Maaks (Law Weapons and Supply) spoke against the ordinance. John Balicki (Law Weapons and Supply) spoke against the ordinance. Robert Bevis (Law Weapons) spoke against the ordinance. Mary Perkins spoke against the ordinance. Cathy Carmichael (Law Weapons and Supply) spoke against the ordinance. Roy Mraz spoke against the ordinance. Anthony Jacobazzi spoke against the ordinance. Ken Holden (someone speaking in his place) spoke against the ordinance. Kelly Lestina spoke against the ordinance. Don Ziemann spoke against the ordinance. Denise Ziemann spoke against the ordinance. Barbara Kopchak spoke in favor of the ordinance. Don Adams spoke against the ordinance. Kevin Coyne asked Council to table the item. Becky Klein-Collins spoke in favor of the ordinance. Theresa Hus spoke in favor of the ordinance. David Blood spoke in favor of the ordinance. Don Zaininger spoke in favor of the ordinance. At 10:45 p.m., Councilman Holzhauer made a motion, seconded by Councilman White, to extend the meeting to midnight. The motion carried by a voice vote. Laura Kemner spoke in favor of the ordinance. Richard Hodyl spoke against the ordinance. Lynn Lowder spoke against the ordinance. Gail Anton spoke against the ordinance. Brian Kraemer spoke against the ordinance. Patrick Murray spoke against the ordinance. Brian Vanderway spoke against the ordinance. Jefferson Perkins spoke against the ordinance. John Greenwood spoke in favor of the ordinance. Carol Patterson spoke in favor of the ordinance. Christie Anderson spoke against the ordinance. Stanley Jakvbowski spoke against the ordinance. Keith Yee spoke against the ordinance. Kate Manser spoke against the ordinance. Miller spoke against the ordinance. Barb Hayes spoke against the ordinance. Bob Jardvnes spoke against the ordinance. Mohammad Chaudhry spoke against the ordinance. Zenen Cardenas spoke against the ordinance. Julia Dister spoke against the ordinance. Michael Guido spoke against the ordinance. Mary Ann Frontzak spoke against the ordinance. William Soldwisch spoke against the ordinance. Tim Schafer spoke against the ordinance. Eugene G Wollaston spoke in favor of the ordinance. City of Naperville Page 13 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Terry J Davis (Law Weapons and Supply) spoke against the ordinance. Jon Fisher spoke against the ordinance. William Pugh spoke against the ordinance. Peter Tennis spoke against the ordinance. At 11:48 p.m., Councilman Holzhauer made a motion, seconded by Councilwoman Sullivan, to extend the meeting to 1:00 a.m. The motion carried by a voice vote. Tom Ewald spoke against the ordinance. Mark Servis spoke in support of the ordinance. Jane Brueggemann spoke in support of the ordinance. Ernest Oxenknecht spoke in support of the ordinance. Janice F. Guider spoke in favor of the ordinance. Chad Koppie spoke against the ordinance. Matthew Sims spoke in favor of the ordinance. Scott Zimmer spoke in favor of the ordinance. Richard Hodyl spoke ahakimgainst the ordinance. Emir Cordic spoke against the ordinance. Matt Metzger spoke against the ordinance. Brian Femali spoke against the ordinance. James Haselhorst spoke against the ordinance. Chris Engstrom spoke against the ordinance. Nicholas Ponder spoke against the ordinance. Jeff Volz spoke against the ordinance. Council discussed school shootings, the lack of action at state and federal levels, that municipalities can set the example, and that responsible gun owners have legitimate reasons for having AR-15's. Council went on to say that it is not seeking to shut down businesses, that the ordinance won’t stop gun violence but Naperville can take a stand, that there is a need to address the problem holistically, and that the City doesn't need or want the tax money. Council stated that the Second Amendment is not limitless, and that the community is saying they want the ordinance to ban the sale of guns. Council continued by stating that Naperville has always been a leader, that Naperville has been considered the safest city in the United States while the two gun businesses have sold AR-15's, that there is a need to fix the application/background system; and discussed the appropriateness of doing a resolution to send to Springfield, the cost of defending a lawsuit, and how the ordinance will be enforced. At 12:54 a.m., Councilman Holzhauer made a motion, seconded by Councilman Kelly, to extend the meeting to 1:30 a.m. The motion carried by a voice vote. Council discussed its accountability to the citizens, that the community did not say it wants to pay more in taxes if the City gets sued, that the ordinance represents compromises made by the Council, and that online gun sales/purchases will continue. Council also discussed the appropriateness of creating a task force to address the problem holistically, specifically citing mental health issues, background checks, red flag laws, education/training, and City of Naperville Page 14 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 access to weapons. POSITION STATEMENT - OPPOSE Kelly Kozik Thomas Kozik Christie L Anderson Andrew Lee Matthew Ewald Mark Murphy Guy Augsburg Vincent Nobles Evan Okerblom (Law Weapons and Supply) Mark Williams (Law Weapons and Supply) Anthony Jacobazzi Gregory Chadaranek Ellen Chadaranek Evan Trader Bradford Suter (Law Weapons and Supply) Michael Warren (Law Weapons and Supply) Mary Porro (Law Weapons and Supply) Vincent Porro (Law Weapons and Supply) Stan Suter (Law Weapons and Supply) Bruce Hanson Lynn Janusz Patricia Kramer (A girl & a gun) Toni Gagliano (Law Weapons and Supply) William Puls Emma Puls Scott Boor Robert Hawkins Jason Schmidt Charles Minauskas Michael Puschmann Joe Motto Daniel Nakalamic Austin Tallarita Mike Kokenes Norman Gann Thomas OMalley Richard Meyer Ann McGowan - Law Weapons &Supply Ryne Hoover Eric Nieto Hayden Tallarita Ben Laurich Richard MacDonald Roxanne MacDonald Donna M Olichwier David Parkerson Ronald Hasil David Kelzer City of Naperville Page 15 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Henry Daquila Christina Clausen Robert Murphy Alexander LaBahn Jose Hernandez Rose Richards Kristie Tallarita Timothy Clark Ben Dover Steven Yurinich Matthew Brown Paul Terlak Barry Eggers Fred Raschke Robert Humphreys Brian Strom Victor Rodriguez Clifford Whall Bill Mendrick Michael Carter Robert Ruble Daniel Radosevich Josh Watson Charles Hlavaty John Maroney David Price Braxton Nial Mark Mazman Brian Crocker Rodante Perdido William Herman Roger Crocker Bonnie Horton Michael Horton Josh Brittain Vincent Nobles Michael Meier Irma Hernandez Brian Ho Shujian Xu Jessica Galupi Yunxiang Fan Alyssa Matos Al Musil Josh Towry Jon Landin James Meyer Patti Kramer Sean Bryant Matthew Hill Jackson Walser City of Naperville Page 16 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Laura Crawfo Kevin Garcia Pat Bell Thomas Jennings Emmanuel Reynoso Chelsea Foody Richard Foody Bryant Carroll Karim Khelifi Abed Karaman Jeffrey Clark Lisa Pierce Keith Friedman Marco Salinas Joe Esposito Kevin McCarthy Christopher Warneke Clay Jacobs Todd Nemets Wendy Rossett David Jenkins Jr Michael Simmons Edward Robinson Willodean Moore Angelo Ianniccari Robert Hawkins Ken Moore Larry Hassell Tyrone Redic Dave Sholtis Thomas Weiner Michael Ruscitti Jack Noe James Boyajian Dave Pedraza Nicholas Boryc James Hensley Eric Masson Joseph Hollendonner Kevin Miller Randall Atkison Jared Pracht Ravi Singh Sharon Diamond Nicholas Linklater Scott Heckman Rajiv Singh Mark Jacino Francis Norton Guy Cesario Len Dompke City of Naperville Page 17 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Benjamin Rogers Thomas Jonys Quentin Witkiewicz Daniel Wetherington Steve Davidson Amy Guido Sean McCarthy Joseph P Juzkiw James Byrnes T Morony Brian Graczyk Charles VanDercamp Wendy Pavlick Josh K Watson Janice Mead Christopher Mead Dan Skarr David Benton Berton Travis Timothy Wright Gregory Chadaranek Steve Richardson Michael Maxian Ellen Chadaranek Marcin Wojtas Phil Hartz Steven Mallin John Parkhurst Benjamin Curcio Britany Weide No Keo Aphay Frank Dutcher Jim Brophy Luis Santiago Richard Guzman Larry Henson Jeff Curry Nick Hoyle Matt Weide Britany Weide Al Conradt Zurisadai Rivera Frank Thompson John Dial Cany Darczewski David Byrne Brandon Kneller Mykhailo Frei ANGELA ROBINSON Janet R Joe Miragliotta City of Naperville Page 18 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Jason Gabel Wayne Ecklung Kathy Greubel Dina Porro Mike Warren William Carroll Mariann Warren Donald Hennig Phillip Herrejon Richard Widner James Watts Darin Peterson Jason Letchford Alexandru Marcu-Cristian Luke Kypr Carie Brizuela Laurene Hillebrand Martin Zamora Todd Hitzeman Tyler Heer Joseph Valecka Susan Hitzeman Edward Tumang Pierre Ramos Gordon Gaberski Greg Brockhoff Kevin Mazzuca Brett Loucks Andrew Sorenson Michael Haggerty Trent Fisher Geralynn Walsh Mychal Adams Mary O'Connor David Arrich Julie Andelin Amy Ramos Nathan Snyders Allen Greubel Brian Femali Jose Ceja Bridgett Riverol Derek Cordes Richard Gotz Paul Dispensa Joseph Holman Nola Krisik James Peebles Linda West Emory Patterson Mr. Dave Stamm City of Naperville Page 19 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Lori Powell Greg Czubernat Chris Postelnick Mr. Patrick Knudtson John Crowley James Surles Linda Surles Mr. Joseph Juzkiw Mr. Eddie Jobin Mr. Robert Alleman James Sowinski Alexis Melchor Nicholas Haddad Bryan Tapella Ralph Holte Nancy Donath Bryan VanZanten Stephen Weiss Bruce Pemberton Frank Carragher Robert Miller Darin Schaack Dennis Lovick Anthony Jaras Jean Schiszik Matthew Bingham Michael Pietruszynski William Lockhart James Lindsay Jason Janusz Michael Bytner David Cotterell George Meyer Saultan Potts Kevin Wixted Lynn David John Danza Jeff Fink Sheri Tucci Robert Fitzgerald Rebecca Harms Jimmy Stathopoulos Stan Florczak Douglas Shindollar Brian Kapnick Ralph Russo Eric Mieszkowski Francesco Salerno Kim Flowers Bryan O'Connor Bryan Krall City of Naperville Page 20 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Salvador Polanco John Onenland Bill Bland Jason Jost John McCarthy Ryan Domingo Elizabeth Meza Kayla Domingo Dominika Kolbe Kenneth Hornoff Dave Verde Keith Swearingen Jeff Martin Grant Hoyle Phillip Brucker Gary Grissinger Jim Pressley John Halla Justin Gramm Paul Banfield Adam Soto Lloyd Chesser Brenda Cole Charles Greco Glenn Dailey Ruben Camacho Sean Kastrati Nathan Domingo John Cota Tom Fletcher William Grifo Joe Hathaway Norman Willis Kris Kline Parker Hoffman Glenn Domingo Derek Lasee Adam Rullo Thomas Kneller Jack Grusky Richard Golz Bridgett Riverol Allen Greubel Amy Ramos Christopher Demetropoulos Kevin Mazzuca Susan Hitzeman Todd Hitzeman Carrie Brizuela Luke Kypr Michael Guido City of Naperville Page 21 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Kimberly Hurschik Janet Danza Darin Peterson Phillips Herrejon William Carroll Dragomir Pintea R P.P. Kathy Greubel Dean Cocallas Stephen Orszula Angela Robinson David Cocallas Kim Cocallas Richard Arceo Matthew Hruska Josh Konney Ron Vesely Ian Mereness Patricia Bulanda Mark Covington Judson Mann James Stoffregen Janet Danza Mary Perkins Chris Johnson Mary Bayer Norene Moyer Joseph Kinsella Sandra Sawyer Elizabeth Zega Frank Thompson Robert Zega Christine Marker David Atkins Ray Foster Aaron Colon Joshua Dobbelstein Joseph Chlupsa Derek Kasprzak Andrew R Beumel Judith A Beumel Al Turnauer Valery Vodonos Steve Keefe Jay Johnson Jean Schiszik Johnathan Wagner Jerrill Janik (Aurora Sportsmen's Club) Jeff Kocis Tyler Heer Victor Cao City of Naperville Page 22 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Ted Minkanic Robert Mulherrin Carole Dunbar Joe Nasiatka Dawn Nasiatka Selena Worster Walde Kathy Cocallas Steven Walde Anthony Schmitz Meghan Rye Troy Vallo Michelle K Vallo Therese Morrell Margaret J Sommers Bryan Cocallas Nancy Limberg-Meyer Colleen Rotkis Charlotte Rotkis Christine Velez Steve Lowers Tom Rotkis Arturo Dehoyos Susan Oberling Deneen Robert David Mashek Jack Maloney Yosimar Navarro Richard G Vogler Kevin harris Elizabeth C Laub Ronald J Laub Angelo lufrano Jim Draper Jean Mraz Wesley Claudio Arthur Cheng Susan Terlak Daniel Johnson Kim Hakim Ron Kane Debby Farley Christopher Kudulis Suzanne Hart Jonathon Trice Ken Moore Ed Janka POSITION STATEMENT - SUPPORT Nancy Turner Elizabeth Carroll Peter Fales City of Naperville Page 23 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Diane Erickson Timothy Labud Ashlyn Labud Lori Bedell Allison Bedell Hannah Bedell Jill Lexier John Uhrich Sherry L Bryant Jean Hennessey Arthur Hennessey Katherine Mineck Matthew Biddle Micaela McGrath (Moms Demand Action) Amy Philippon Bonnie Clemens Robert Lied Sherry Healey Jacqueline Schutt Heidi Sullivan Laura Kelly Kay Akins Cherilyn Fijolek Laura Flynn Jan Pfeifer Diane Quinn Erickson Sandra Martinich Courtney R Stephani Shelley Birdsong Gay E. Bruhn - DuPage County Chapter of the National Organization for Women Howard Salk Kelly Timko Glassberg Barbara Katz Pamela Williams Mary Hutchinson Meagan Janet R. Bean Timothy Keyes Gwendolyn C Campbell Dawn Willis Rachel Robert Lori Davis Ramona Robert Todd Robert Christian Robert Deneen Robert Marni Springer Michael Ladewski Kathy Damianides Erika Matteucci City of Naperville Page 24 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Jennifer Kennedy Cindy Geoghegan Petra Merkel Patricia Kirincich Tonya Parr Kristen Tang Kristi Arens Kelly Douglas Julie Stanich Lorraine Donnell Virginia Hall Erica Weber Thomas Wojcik Joanne Jeff Urbanowski Jane Wojcik - Moms Demand Action Nick Damianides Pamela Davis Estella G. Dambachn Mary Leddon Lori Shepard Sarah Cameron Philip Buchanan Karen V Peck WRITTEN COMMENT ONLY Melissa Erickson - I am absolutely in support of this ban! I am so proud to be moving to a place that recognizes the massive gun violence problem we have as a country, AND is taking concrete steps to move the needle to solve it. Thank you, Naperville City Council!!!! Elizabeth Carroll - Thank you for your brave and needed leadership in proposing an ordinance to ban the commercial sale of assault weapons in Naperville. I strongly support this ordinance and, honestly, any and all further common sense regulations to regulate sale, use, and storage of guns in our city. Please use your vote to support this ordinance and please ensure the police exception only includes current officers. Melissa Lulik - Hello my name is Melissa Lulik. I oppose Gun Ordinance 22-0848 that prohibits the local commercial sale of “assault weapons” and large-capacity magazines. I currently train in Naperville and this directly effects me along with many others. The knowledge gained this past year becoming a legal gun owner has proven this Ordinance is not the answer or a solution to safety for all residents and visitors to Naperville. Drew Erickson - Please know I am support banning the sale of assault weapons in Naperville, thank you! Ashlyn LaBud - I support this ban. Anthony Rizzo - Mayor, city council members-My name is Anthony Rizzo I would like you to have all the facts needed, before you continue any further on a gun ban ordinance. The June Supreme Court ruling expanding gun rights threatens to undo AR-15 style gun restriction across the country. Evan Nappen, a New Jersey gun rights attorney believes this ruling will “Annihilate 75% of City of Naperville Page 25 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 existing gun laws” Jonathon Lowery chief council and vice president at “Brady” the gun control group says- A lot of tax dollars and government resources that should be used to stop gun crime, being used to defend popular gun laws. In Its New York ruling the High Courts also changed a test Lower Courts used to evaluate challenges to gun laws. JUDGES SHOULD NO LONGER CONSIDER WHETHER THE LAW SERVES PUBLIC INTERESTS LIKE ENHANCING PUBLIC SAFETY- opinion authored by Justice Clarence Thomas. Instead, they should only weigh whether the law is “CONSISTANT WITH THE SECOND AMENDMENTS TEXT AND HISTORICAL UNDER- STANDING” Judicial Findings: Highland Park Il gun ban. The court justifies the ordinance as valid because it “MAY INCREASE THE PUBLIC SENSE OF SAFETY” in a 2 to 1 Ruling, 2015 The SUPREME COURT has now ordered LOWER COURTS to look into other cases using the COURTS NEW TEST. Laws that limit the amount of ammunition a gun magazine can hold as well as Bans on “Assault Weapons” DISTRICT COURT JUDGE Ramond Moore(nominated by PRESIDENT BARAK OBAMA) said he did not know of “HISTORICAL PRECEDENT” for a law banning “A TYPE OF WEAPON THAT IS COMMONLY USED BY LAW ABIDING CITIZENS FOR LAWFUL PURPOSES” A survey demonstrated that that an estimated 11,976,702 million persons participated in target shooting with an AR-15 type rifle in 2012. Sara Lee - As a 20+ resident of Naperville and the mother of two children who went to only Naperville 203 schools, I fully support the ordinance to regulate the sale of assault rifles. One the scariest moments of my life was a couple years ago, when I received a text from my high school sophomore shortly after morning drop off. He texted that the school's alarms were going off and announcements were saying there was a lockdown and that it was not a drill. His classroom barricaded their door, kids huddled under tables and desks, and girls and boys were crying. I texted him to break a window to leave, but he was in an interior room. It turned out to be a false alarm, but those were the scariest 15 minutes of my life, and the saddest part is that mass shootings are so common that I was half-expecting something to happen before he graduated. Please pass this ordinance. We need to put in as many safety nets as we can to prevent that horrible morning from being just a false alarm to a reality. Thank you. Jill Lexier - Dear Mayor Chirico and the Naperville City Council, National Council of Jewish Women (NCJW) supports the proposed Ordinance Adding Chapter 19 (Regulation of the Commercial Sale of Assault Weapons and Large- Capacity Magazines) of Title 3 (Business and License Regulations) of the Naperville Municipal Code. As the Ordinance recites, our country continues to be devastated by gun violence. We are still reeling from the shock of one mass shooting when the next occurs. This does not even cover the countless acts of gun violence that happen every day and barely register in our national consciousness. We are numb to the reality that guns are now the leading cause of death for children in Illinois. Although recent federal legislation was a necessary first step in the right direction, it is simply not enough. We cannot stand by as senseless gun violence continues to plague our state, our country, and our children. Military-style assault weapons and high-capacity ammunition magazines are designed to kill large numbers of people quickly and have no legitimate use in civilian hands. I am proud that we can do something right here in Naperville to address gun violence. NCJW strongly supports using Naperville’s Home Rule to pass this ban on the future sale of assault weapons City of Naperville Page 26 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 to protect the public health, safety, and welfare of the residents of our city. Thank you, Jill Lexier, State Policy Advocacy Chair - Illinois Shoshana Frank, Director of Advocacy - Chicago North Shore National Council of Jewish Women National Council of Jewish Women (NCJW) is a grassroots organization of 200,000 volunteers and advocates who turn progressive ideals into action. Inspired by Jewish values, NCJW strives for social justice by improving the quality of life for women, children, and families and by safeguarding individual rights and freedoms. Through a program of education, community service, and advocacy, our advocates across the country create lasting social change on our key issues of the federal courts; reproductive health, rights, and justice, and voter engagement. Elise Gentile - I am in SUPPORT of the Ban on Assault Weapons sale in Illinois. I believe the exception for police officers should include only current police officers, not retired. Also, please explain why there should be an military exception. Michael W Greene - OPPOSED - this proposed ban is an infringment on 2A rights, period. This proposed ordinance change does nothing to prevent a criminal from using any weapon for nefarious means. It does the opposite - it prevents a law-abiding citizen from protecting self and family. This is nothing but virtue signaling. Will the next ordinance be “banning cars” because cars kill people too? Guns do not kill people - criminals and mentally ill people kill people. Gerard H Schilling - Assault rifle ordinance This proposed ordinance is the most anti-second amendment ban ever conceived by crazy gun phobic nuts. There is rhyme to their reason. If they disarm law abiding citizens then criminal and tyrannical government agencies can, do, and will have free rein to enslave you. Who is funding this effort? Can you say the George Soroses of this world? During the Obama administration they armed all federal agencies like the IRS, Dept. of Transportation, Energy, Agriculture, etc. Why? So, when people finally wake up and object to tyranny, they can turn all these bureaucratic non-elected employees into enforcers of the state. Finally, less then 450 people are killed by all rifles annually in the US. To deprive 150 million plus of law-abiding citizen the right to own these weapons is an absurd abuse of government regulation. This ordinance is a scam to start the disarmament of American citizens and is a direct violation of our Second Amendment Rights and should be viewed as such! G H Schilling David Kittle - Hello; I am against any ban on sale of legal firearms within the boundaries of the U.S. including Naperville. All the best Michael H Gresh - To: Naperville City Council Members City Mayor: Steve Chirico, Councilman: Paul Leong, Councilwoman: Patricia A. Gustin, Councilman: Ian Holzhauer, Councilman: Paul Hinterlong, Councilman: Patrick Kelly, Councilwoman: Jennifer Taylor, Councilwoman: Theresa Sullivan, Councilman: Benjamin White Restricting gun sales in Naperville would only apply to law-abiding citizens - not criminals. It would disarm potential victims, not criminals. When the city council voted against OPT-OUT in favor of marijuana sales in Naperville it overwhelmingly sought to raise tax revenue - using as justification 'other' cities would sell weed and gain a revenue advantage if Naperville did not. Now, you want to restrict gun sales in Naperville while surrounding communities will 'take up the slack' and you appear willing to sacrifice two local businesses to order to 'virtual signal' to an anti-gun element that lacks an understanding of the Second Amendment. You are safer with knowledgeable & licensed gun owners than you are taking away that right and City of Naperville Page 27 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 expecting criminals to become law-abiding members of our community. Please vote against this proposed ordinance in the true 'best interest' of your constituents. Sincerely, Michael H. Gresh 632 Hyde Park Lane, Naperville IL 6056 Beverly Augsburg - January 2023 Illinois will become a cashless bail state making it a dangerous place to live. Vote no on the ban. Marc Berkowicz - As a lifelong Naperville resident, I strongly oppose this Ordinance. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. After New York State Rifle and Pistol Association v. Bruen, any regulation passed by governmental bodies must "affirmatively prove that its firearms regulation is part of the historical tradition". This regulation is blatantly unconstitutional, and the only purpose is to attack two local business. These business give Naperville residents of all races, religions, and ages the ability to train, learn and enjoy their second amendment rights. Every firearm that is sold through these businesses requires the buyer present a valid FOID card, their DL, fill out a background check and wait the mandatory three days. When these firearms are being sold at Law Weapons and Range USA, they are not leaving in the hands of dangerous criminals. They are leaving in the hands of law-abiding Naperville residents, many of whom have been frequenting these establishments for years. This proposed ordinance will destroy those communities, and relegate Naperville resident’s constitutional rights to below those of neighboring towns. In conclusion, I recommend the council reject the proposed ordinance. Mubeen Khan - Data shows bans like these do not reduce violent crime. This ban will only hurt lawful gun owners and upstanding businesses. All you will do is frustrate voters Donald Adams - Everyone wants to reduce gun violence. Keeping self-defense weapons out of the hands of law-abiding citizens is not the way to do it. In fact, it will do the exact opposite. The Social Science is clear. Removing guns from responsible hands increases gun violence (see John Lott's "More Guns, Less Crime" and others). Over 80% of mass shootings happen in Gun-Free Zones. The reason for this is clear: shooters want soft targets. The recent mall shooting was in a supposed Gun-Free Zone, but the mall's sign had no power of law. A courageous citizen was able to prevent many deaths by his presence with a weapon. Do not enact a clearly unconstitutional law (see the Supreme Court's Heller decision and decisions just this year), wasting everyone's time and money on something that will not do what you want. MICHAEL MEIER - This proposal is unconstitutional and will be very expensive for you to cover the legal fees of the attorneys who will be forced to overturn this. Ron - I oppose the gun ban in Naperville Jeanne Gorey - I am opposed to the Ban. Krzysztof Gallus - I oppose the ordinance that bans the sale of "assault rifles". Self-defense is very important to me. I want to be able to defend myself and others against criminals. Please vote NO. Agnieszka Debek - I oppose the proposed ban on "assault rifles". I feel that citizens should have the opportunity to defend themselves in self-defense against criminals. Katarina Dabler - My husband and I are new, proud, Naperville residents. We recently found out about the potential ban on the sale of assault rifles. We City of Naperville Page 28 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 enthusiastically support the ban on assault rifle sales within Naperville. There is no civil need for a gun of that capacity, and we want to keep our community safe. Please let us know if there is anything we can do to further support this ban. Cathleen - I am definitely opposed to the ban. I felt that our government locally and Nationally could create more availability to students and parents to help address the mental health issues that plaque our citizens. Susan Bychowski (Law Weapons & Supply) - I oppose this proposed ordinance! This ordinance is classist, racist and sexist. David Edmark (Law Weapons & Supply) - I oppose this proposed ordinance. This ordinance is classist, racist and sexist. Lynn - Hello, I am opposed to the illegal gun ban proposed. Local businesses such as Law Weapons & Supply would be one of the first to go as a result of this illegal ban. That is personal to me as that one of the businesses where I began my journey into responsible firearm ownership. Some say “no big deal!” I disagree. I find this proposed ordinance oppressive. It is sexist & racist 100%. If you need clarification on my last statement you a welcome to contact me. Geralynn Walsh Kenneth - I strongly oppose the ban an assault rifles. It is not a firearm problem. It is a problem with the government not enforce the laws that are on the books. No cash bail and plea bargaining. Only the legal gun owners will comply not the criminals. Until the government can control the criminals it would make sense Patrick Flynn - To whom it may concern, I support the proposal to prohibit the commercial sale of assault rifles in Naperville. I live in Naperville. There have been many shooting in America and the thought of getting shot scares me. Thank you, for your time and attention to this matter. Sincerely, Patrick Flynn Naperville resident Erik Engelhart - Please do not burden those who follow laws with more silly legislation that only inconveniences us, especially after supporting the “defund the police” movement in years past. Courtney R Stephani - While I support the 2nd Amendment, there need to be responsible restrictions in place and these high-powered military-style machines do not need the Naperville community. Patrick Szachowicz - I would urge the council to oppose this measure. Naperville has always been a business-friendly environment, and this measure would go against that tradition. It would cause family-owned businesses to close and reduce tax revenue, needlessly so. There's absolutely no logical reason to move forward with this measure. If the goal of such a measure is public safety, it provides none. It does however cause harm to families in Naperville that rely on selling such items, and hurts the city as well by reducing tax revenue and almost certainly sets the stage for the city to spend untold thousands of dollars on legal challenges in court, and harms the citizens in Naperville in general, including its police officers, who rely on these businesses to keep equipment functioning properly through services offered by these businesses. This proposal goes against our town's pro-business tradition, goes against our towns pro-second amendment tradition, is unconstitutional, and unamerican. Should the city council move forward with this measure, I am certain I am not alone in saying that I will actively campaign for the opposition in upcoming elections for each and every member of the city council who City of Naperville Page 29 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 supports this measure. Once again, I would urge the council to vote no on this proposition. Thank you, Dr. Patrick Szachowicz Michelle Hillgoth - It's glaringly obvious that gun "control" doesn't work. The cities with the strictest gun laws have the highest crime rates. Criminals do not follow the law. These gun laws only hurt law abiding citizens. Do not limit our constitutional rights to bear arms. We must be able to protect ourselves and our families. Our borders are wide open and countless criminals have slipped in - and are being dispersed all throughout our country. Rioting and looting is still being encouraged anytime a group of people disagree with something. Police are being stripped of their ability to protect the public whilst criminals are being empowered by things such as no cash bail. Americans have a constitutional right to bear arms. Any arms. Furthermore, our right to bear arms protects our nation against a tyrannical government. The kind of government that breaks into a political opponent's home. The kind of government that hires 87,000 armed IRS agents instead of armed guards for schools or the border. Vote NO gun ordinance. Your mayoral duty is to uphold the constitution. We are seeing the effects of unchecked mental illness. Mental illness which people like myself warned would increase due to the government's overreach during the pandemic. Mental illness made infinitely worse by SRSIs and the like. Did you know most mass shooters are on psych drugs? Do you know a side effect of these drugs is homicidal rage? Did you know it was finally revealed that depression is NOT a chemical imbalance - yet people are being put on drugs to correct this imaginary imbalance? My point is - gun "control" punishes Americans for issues caused by outside forces. No gun control. Rose Richards - I strongly oppose the ban of firearms. We all know this won't stop criminals from breaking laws. It will just stop citizens from being able to protect themselves. This is a constitutional right that must be protected! Shelley Birdsong - I stand in support of Ordinance 22-0963. As an educator at North Central College, I am particu A motion was made by Councilwoman Sullivan, seconded by Councilman Kelly, to pass the ordinance amending Title 3 of the Naperville Municipal Code to prohibit the local commercial sale of assault rifles. A motion in substitution was made by Councilman Holzhauer, seconded by Councilwoman Gustin, to pass the ordinance amending Title 3 of the Naperville Municipal Code to prohibit the local commercial sale of assault rifles as amended to direct staff to report back on measures to ensure that if a court revokes a citizen's FOID due to violent crime, mental health reason, or otherwise that the Police Department has all the resources necessary to conduct any confiscation in the fastest, safest, and most effective manner possible and direct staff to report back on potential methods for the creation of a task force to address intervention methods and mitigate red flag behavior of at-risk citizens in the Naperville community and to ensure rapid communication between government agencies. The motion failed by the following vote: Aye: 1- Holzhauer Nay: 8- Chirico, Bruzan Taylor, Gustin, Hinterlong, Kelly, Leong, Sullivan, and White A motion was made by Councilwoman Sullivan, seconded by Councilman Kelly, to pass the ordinance amending Title 3 of the Naperville Municipal Code to prohibit the local commercial sale of assault rifles. The motion carried by the following vote: City of Naperville Page 30 Printed on 9/8/2022 City Council Meeting Minutes August 16, 2022 Aye: 8- Chirico, Bruzan Taylor, Gustin, Holzhauer, Kelly, Leong, Sullivan, and White Nay: 1- Hinterlong M. AWARD OF BIDS AND OTHER ITEMS OF EXPENDITURE: N. PETITIONS AND COMMUNICATIONS: P. NEW BUSINESS: Q. ADJOURNMENT: A motion was made by Councilman Hinterlong, seconded by Councilwoman Gustin, to adjourn the Regular City Council Meeting of August 16, 2022 at 1:17 a.m. The motion carried by a voice vote. /S/ Pam Gallahue Pam Gallahue, PhD Community Services Director/City Clerk City of Naperville Page 31 Printed on 9/8/2022