Aurora City Council to consider Phillips, Wilder, Parks’ improvements

By Jason Crane

At the Aurora city government Committee of the Whole (COW) meeting Tuesday, Council members placed several agenda items on unfinished business to be discussed at the September 14 full City Council meeting.

Mayor Richard Irvin wasn’t at the meeting and Fifth Ward alderman Carl Franco was mayor-pro tem.

Agenda items include $232,000 for a Phillips Park Golf Pro Shop addition and $296,000 for the construction of the Wilder Park Pavilion at Wilder Park, on Aurora’s West Side.

Ninth Ward alderman Edward Bugg shared thoughts about the proposed Phillips Park Golf Pro Shop addition stating, “This was a great project before COVID, it’s a great project now, it’s just that our financial status is different.

“Looking at these Census numbers, we really don’t know where we’re going to be.

“No matter how much revenue we make on simulators, it’s not going to be $232,000. We know this a service to the community, it’s not a revenue generator.”

Alderman Bugg asked Ken Schroth, director of Public Works/City engineer for a report of the revenue projections of the golf simulator.

Third Ward alderman Ted Mesiacos expressed his support for the project and any funding for Phillips Park which is in his ward.

Alderman Franco said he is a golfer and expressed his support for the addition to the Phillips Park Golf Pro Shop, “Fox Valley Golf Course closed a number of years ago, so it reduced the number of golf courses we had around here.

“Valley Green is closed, there’s a little one out by Jericho (Road) that closed.

“As I talk to other golfers, they love Orchard Valley, but Phillips Park is really a good golf course. It’s getting more steam and more people want to play out there.

“When we talk about amenities going forward, this is going to be one of those golf courses that people go to.

“As we add on to that, I think it’s a benefit for us going forward because there’s only a few left and they’re going to start coming here.”

The City Council discussed a summary of anticipated amendment and modification of previously-approved redevelopment agreements (RDA) including a resolution authorizing the execution of an amendment for the previously approved RDA with Urban Equity, the developers for the Terminal Building, 2 N. Broadway Avenue and the Keystone Building, 30 S. Stolp Avenue.

• There were no speakers seeking to use their voices for up to three minutes.

The City Council placed the following agenda items on unfinished business to discuss and likely vote on next week:

•A resolution authorizing the director of Purchasing to enter into an agreement with Integral Construction, Inc., 320 Rocbaar Drive, Romeoville, in the amount of $232,000.00 for the Phillips Park Golf Pro Shop Addition.

City government of Aurora documents show the purpose is to enter into an agreement with Integral Construction, Inc., 320 Rocbaar Drive, Romeoville, in the amount of $232,000.00 for the Phillips Park Golf Pro Shop addition.

This project consists of modifications to the existing clubhouse and a 700 square-foot, single-story addition that will house two golf course simulators. These are becoming quite popular and allow for revenue to be generated at the golf course year-round.

The project was originally budgeted in 2020 and the City retained the services of a Structural/Architectural design firm to draft the plans and specifications that year. However, construction was put on hold due to financial concerns related to the COVID-19 pandemic. The pandemic then also prevented the City from constructing the project in 2021 when the budget was finalized in late 2020.

On July 13, 2021, City Council (following Finance Committee and COW approval), approved a request to obtain bids to construct the project this fiscal year.

The invitation to bid was published and four bids were read aloud August 18. Of the four bids received, Integral Construction, Inc. was determined to be the lowest responsible bidder in the amount of $232,000.00.

In order to get this project constructed in 2021, a budget amendment to this year’s Capital Budget will be required. Once this amendment is completed, the required funding will be transferred from account 340-4460-431.73-99.

This bid was subject to local preference but was not a factor as no local companies submitted bids.

Positive impacts of this project include year-round revenue generation and access for the public. Negative impacts of this project will be minimal, and the clubhouse will remain open to the public during construction. No additional staff members will be required.

• Placed on unfinished business for further discussion was a resolution authorizing the director of Purchasing to execute a contract with KWCC, Inc., Sugar Grove, in the amount of $296,000.00 for the construction of the Wilder Park Pavilion at Wilder Park, in Ward 6 and to purchase a playground shelter and 10 benches utilizing a cooperative purchasing program in an amount not to exceed $25,000.00.

City government of Aurora documents show the purpose is to construct a new covered pavilion at Wilder Park and provide supplemental amenities.

The City was the recipient of an OSLAD (Open Space and Land Development) Grant to allow for the construction of various improvements at Wilder Park, including the conversion of River Street to a pedestrian promenade between Vine and West Park, the installation of new playground equipment, various complimentary amenities, and a concession building attached to the radio tower structure at the northwest corner of Vine and River. All the items apart from the concession building and certain amenities are under construction at this time and are anticipated to be completed by the end of September.

The City previously bid out the construction of a building with a concession area and three bathrooms; however, the bids came in significantly over budget and were rejected by the City. As a part of the rejection process, it was determined that the original plan for the building, as proposed with the grant application, may not be consistent with the new long-term vision for the park and should be revisited. The final design for the promenade is suited to accommodate large events that will all have food vendors; as such, there is no longer a need for a concession area. Additionally, due to the size of the crowds now anticipated for those events, the small restroom facilities that were proposed as a part of the concession building will not meet the demand of those events and will need to be supplemented with portable restroom facilities.

The redesigned facility will provide for greater outdoor activity at Wilder Park and the potential for festivals that are connected to RiverEdge Park via the newly-completed pedestrian bridge over the Fox River. The new design is an open-air pavilion with an upper deck designed to match the façade of RiverEdge Park. The upper deck will have views to the Wilder Park Promenade, RiverEdge Park, the Fox River, and the new pedestrian bridge. The covered area underneath will provide additional seating areas and a shelter in the event of inclement weather.

After the new facility has been in use for some time, the need for any other improvement to increase usage of the site will be identified. Should it be determined that permanent restroom facilities may be useful, they can be added via an extension of the pavilion as a future phase of the project. The addition of such facilities has been planned for and will not cause major disruption to any of the improvements constructed in association with this resolution.

Due to the use of OSLAD funds, the City reviewed the modified plans with the Illinois Department of Natural Resources, the State agency that manages that grant fund. The modification of the plans to provide the pavilion in lieu of the concession area and restrooms did not negatively impact the grant funding.

The project was advertised for bid, and the bids were opened and read publicly August 18. Of the eight bids received, the lowest responsible bid was from KWCC, Inc., in an amount of $269,000.00; Staff members are recommending adding a 10% contingency of $27,000.00 and awarding in the total amount of $296,000.00. This project was not subject to the local bidder ordinance, due to the inclusion of OSLAD grant funds.

To finalize the park improvements, various other improvements are required that will be installed by City staff members after purchase, including benches and a shelter near the playground equipment. The purchase of that equipment is estimated at $18,000 and will be obtained through a cooperative purchasing program. Due to the fluctuating costs of materials and supplies, staff members are requesting authority through this resolution to make those purchases in an amount not to exceed $25,000.00.

This project is funded in part with OSLAD Grant funds and TIF 5 funds in account 235-4440-451.73-43 in the amount of $288,000.00. The current estimated cost of the items approved with this resolution ($269,000 for the pavilion, $27,000 contingency, and $18,000 to $25,000 for the benches and playground shelter) is $287,000-$321,000. Depending on the amount of the contingency that is needed and the final cost of the cooperative purchases, a budget transfer may not be needed, but if the final costs approach the maximum values approved by this resolution a transfer up to $33,000 may be required and will be processed.

• Placed on unfinished business for further discussion was a resolution authorizing the execution of an amendment for the previously approved RDA for the Terminal Building, 2 N Broadway Avenue.

City government of Aurora documents show the amendment will enable Urban Equity to compensate for the unforeseen cost increases that resulted from material and construction costs dramatically going up due to COVID 19 and to complete the project lien free, preserve the tax credits that facilitated the original transaction and strike a balance between the developer’s and the city government’s risks and potential rewards.

The following is a summary of what has occurred since the Terminal building was approved on February 26, 2019 with resolution R2019-054 (Terminal building was subsequently amended June 4, 2019 with resolution R2019-171); and the rationale for staff members’s restructuring recommendation. The development was approved in mid-2019 and construction started on late 2019 and was in full gear by the first quarter of 2020 when the pandemic hit. At that point, the give and take between the Developer and the Federal Park service ( who is the ultimate arbiter of what constitutes what is historically acceptable) became extremely slow so issues that needed to be addressed became bogged down and once resolved the custom made materials were unavailable or delayed for many months. These in turn caused labor increases and increases of other carrying and administrative costs. Once the communication chain reopened issues were resolved and Terminal is scheduled to be completed by the end of the year.

Terminal was one of the first two historic projects approved in this administration. As they near completion both will be almost 40% higher in cost than originally anticipated

Historic tax credit renovations (like many affordable housing developments) have financial structures that are complex and sometimes counterintuitive. Cost overruns can entitle sponsors to raise more equity from these tax credit investors and actually make them eligible to collect higher fees. These need to be stripped out to get down to what were the real economic impacts of higher costs.

Specifically, Terminal’s estimated costs rose more than $4,200,000 on a much lower initial basis leading to a much higher percentage increase. Here not only is the Developer not able to pay themselves currently for their fees and overhead but these amounts will essentially be written off and not recovered. The Developer’s equity investment originally estimated at less than $500,000 is now estimated at well over $2,000,000.

For Terminal, City staff members are recommending that:

• $200,000.00 of the principal amount of the Bridge Loan shall be forgiven upon Developer’s satisfaction of Developer’s obligations under the entire RDA as amended.
• The Developer shall repay to the City $500,000.00 of the principal amount of the Bridge Loan within 14 days of Developer’ receipt of the Tax Credits Funds.
• The remaining $495,408.24 of the principal amount of the Bridge Loan shall accrue interest at that greater of (i) 2.5% or (ii) the City’s cost of borrowing on the funds used to provide the Bridge Loan.
• $100,000.00 of the interest accrued on the Bridge Loan as the Effective Date of this Second Amendment shall be forgiven (the “Forgiven Interest”) upon Developer’s payment to the City of the remaining interest accrued on the Bridge Loan as the Effective Date of this Second Amendment.
• A-3. The Developer shall reimburse the City for all legal fees incurred by the City associated with this Second Amendment.

In summary, the City will increase the incentive by $300,000 and will forego some interest income on the bridge loan due to the change in interest rate calculations. The developer will put in $2.3 million in additional equity. Given the economy and overall costs faced by the developer, this is a reasonable solution.

The impacts of this decision will be long lasting as it will facilitate the successful completion of the project. It will affect job creation and retention, tax base, sales and food and beverage, revenue.

City staff, members recommend approval of the resolution authorizing the execution of first amendments for the previously approved RDA for the Terminal Building, 2 N. Broadway Avenue.

• Placed on unfinished business for further discussion was a resolution authorizing the execution of an amendment for the previously approved RDA for the Keystone Building, 30 S. Stolp Avenue.

City government of Aurora documents show the purpose of the amendment will enable Urban Equity to be compensated for the unforeseen cost increases that resulted from material and construction costs dramatically going up due to COVID 19, complete the project lien free, preserve the tax credits that facilitated the original transaction and strike a balance between the developer’s and the City’s risks and potential rewards.

The following is a summary of what has occurred since the Keystone building project was approved February 26, 2019 with resolution R2019-055 and the rationale for staff’s restructuring recommendation. The development was approved in mid-2019 and construction started on late 2019 and was in full gear by the first quarter of 2020 when the pandemic hit. At that point, the give and take between the Developer and the Federal Park service (who is the ultimate arbiter of what constitutes what is historically acceptable) became extremely slow so issues that needed to be addressed became bogged down and once resolved the custom made materials were unavailable or delayed for many months. These in turn caused labor increases and increases of other carrying and administrative costs. Once the communication chain reopened issues were resolved and Keystone is scheduled to be completed by the end of September.

Keystone was one of the first two historic projects approved in this administration. As they near completion both will be almost 40% higher than originally anticipated.

Historic tax credit renovations (like many affordable housing developments) have financial structures that are complex and sometimes counterintuitive. Cost overruns can entitle sponsors to raise more equity from these tax credit investors and actually make them eligible to collect higher fees. These need to be stripped out to get down to what were the real economic impacts of higher costs.

On a gross basis total project costs rose by almost $4,000,000 to almost $14,700,000.

The net result for Keystone is that the Developer was unable to take out their overhead and fees that they earned as both Developer and General Contractor and needed to put them back into the deal while also putting in substantially more cash. The Developer equity is sitting at more than $2.5 million. With Keystone nearing completion time is of the essence.

It is also important to note in Keystone that the Developer needed to purchase the building for $1,300,000. (The other downturn rehabilitations we’re with buildings that were donated or acquired at marginal costs). The impact of this became increasingly apparent as costs increased. Of the original incentive grant of $1,500,00 all but $200,000 went to the acquisition leaving less than $5 per square foot to offset construction and related costs. This is substantially less than the other downtown projects.

For Keystone, City staff members are recommending that:

• $500,000.00 of the principal amount of the Bridge Loan shall be forgiven upon Developer’s satisfaction of Developer’s obligations.
• The Developer shall repay to the City $1,000,000.00 of the principal amount of the Bridge Loan within 14 days of Developer’ receipt of the Tax Credits Funds.
• The remaining $206,866.55 of the principal amount of the Bridge Loan shall accrue interest at that greater of (i) 2.5% or (ii) the City’s cost of borrowing on the funds used to provide the Bridge Loan. Principal and interest shall be fully amortized over a five year period.

The Developer shall reimburse the City for all legal fees incurred by the City associated with this Amendment.

In summary, the City will increase the incentive by $500,000, and will forgive approximately $200,000 in current interest owed and will forego some interest income on the bridge loan due to the change in interest rate calculations. The developer will put in $1,215,000 in additional equity and will defer their General Contractor fee of $612,702. Given the economy and overall costs faced by the developer, this is a reasonable solution.

The impacts of this decision will be long lasting as it will facilitate the successful completion of the project. It will affect job creation and retention, tax base, sales and food and beverage revenue.

Staff recommends approval of the resolution authorizing the execution of a First Amendments for the previously approved RDA for the Keystone Building, 30 S. Stolp Avenue.

The City Council gave consent to the following agenda items:

• An ordinance amending the Business District Retailers’ Occupation Tax Rate, the Business District Service Occupation Tax Rate and the Hotel Operators’ Occupation Tax Rate Imposed in Ordinance 19-058 within the boundaries of the Aurora Business District No. 1 (Pacifica Square Business District).

City government of Aurora documents show the business district for Pacifica Square was amended in September 2019 to reflect a .25% sales tax rate. The Developer has requested that the tax be increased from 0.25% to 0.50% to assist in development costs within the district. Per statute the Business district tax rate may be set in .25% increments up to 1.0%.

The new business district for Pacifica Square was approved at the August 27, 2019 City Council meeting. Later in the same year the rate was adjusted from 1.0% to .25% per the request of the developer. This tax can be adjusted semi-annually through notification (by ordinance) to the Illinois Department of Revenue by April 1, or October 1 of each year.

The development at Pacifica square has proceeded well over the past two years to include a recent grand opening. Per Illinois Statute, a business district tax rate may be changed by .25% increments with a limit of 1.0%. The Developer has requested the increase which must be processed by October 1, to be effective January 1, 2022.

This amendment will provide funding for capital and debt service needs resulting from development costs incurred within the Business District.

• Consent was given to an ordinance rescinding the special use for the real property at 998 Corporate Blvd. authorized by Ordinances O11-075 and O16-048.

The special use for the former Northern Illinois Academy to operate an autistic and special needs mental health facility.

The purpose is to rescind the special use previously authorized for a mental health facility at 998 Corporate Boulevard by Ordinance O11-075 and intensified by Ordinance O16-048.

City government of Aurora documents show in 2011, Corporate Technical Center, LLC, (“Corporate”) the original petitioner, entered a 10-year lease with Sequel Youth and Family Services, LLC (“Sequel”) to operate an autistic and special needs mental health facility for children as part of its national network. The facility, which would be designated “Northern Illinois Academy” or “NIA” would be at Corporate’s property at 998 Corporate Boulevard. Corporate and Sequel subsequently approached the City for a revision to the property’s plan description to allow for the possibility of this use on the property as a special use. At the same time, Corporate petitioned the City for a special use to allow Sequel to operate NIA on the property in anticipation of the City approving the plan description revision.

On December 20, 2011, the City Council approved the proposed plan description revision and adopted an ordinance granting the special use for NIA. In authorizing the special use for NIA via Ordinance O11-075, the City Council expressly limited the activities on the Subject Property to those outlined on the qualifying statement.

In 2016, the City Council approved a revision to the special use on July 26, 2016, by Ordinance O16-048 to expand NIA. O16-048 authorized an intensification of the previous special use but preserved all the previous conditions imposed by O11-075 and utilized the same qualifying statement.

Due in part to the property’s location in an area generally zoned for light commercial uses, and the nature of its residents’ special needs, the qualifying statement required NIA to ensure that its residents would not leave its premises without supervision. It also required NIA to maintain staffing levels of at least 150 persons.

Beginning in 2019, the Police Department responded to several incidents of “elopement” where minors residing at NIA left the premises without supervision. In a few of these incidents, the minors were found without clothing or in other states of distress. In addition, though unrelated to a particular land use concern, there were a number of other serious incidents at NIA that directly contributed to the Illinois Department of Children and Family Services, the Illinois Department of Human Services, and the Illinois Department of Healthcare and Family Services announced that they were ending their relationship with NIA in May 2021. These incidents were documented in a May 4, 2021, report issued by the abuse investigation unit of Equip for Equality, an advocacy group for those with disabilities in Illinois. This report was commissioned by the State and appears to have been a significant factor in the decision of these agencies.

On June 2, 2021, Sequel notified the City of NIA’s imminent and permanent closure and termination of 148 employees in accordance with the Illinois Worker Adjustment and Retraining Notification (WARN) Act. Since receiving that notice, City staff has confirmed that NIA is no longer operating and that Sequel’s website does not list the facility among the dozens that it operates across the country.

In general, when the City Council approves a special use, the special use remains authorized until the use is discontinued or unless the conditions the City Council attached to the use have been violated.

In this instance, the City has documented that, despite the provisions of the qualifying statement to the contrary, residents of the NIA on multiple occasions left the facility while unsupervised. Moreover, the WARN Act notice provided by Sequel reflects its intention to permanently close NIA and terminate a staff of 148 persons. At the time the letter issued, the Sequel’s staffing level was below the required 150 persons set forth in the qualifying statement. The closure of NIA itself constitutes a termination of the use, and by implication, the employment of fewer than 150 persons.

For the foregoing reasons, the City Council may determine that the conditions of the special use have been violated warranting its recission and that with the closing of the NIA, the special use has terminated by operation of its own enabling ordinances.

The recission or termination “resets” the subject property to its underlying zoning, which is a planned development district subject to a plan description that enumerates a series of uses that are permitted by right or through the special use (now conditional use) process. To that end, the owner of the subject property or a tenant thereof can petition the City to again authorize an autistic and special needs mental health facility at the site in accordance with the present conditional use process. Approval of this ordinance is without prejudice to the owner or its subsequent tenants to use the property as authorized by its plan description or as may be subsequently permitted by conditional use.

• Consent was given to a resolution approving the appointment of a member to the Planning and Zoning Commission.

June of 2021, the City Council approved changes to Chapter 2, which included a sunset provision for all board/commission members. The sunset was included to bring the board/commission terms into compliance with the new dates provided in the ordinance, as well as survey members if they wished to continue to serve or step down.

The nomination brought forth represents a new candidate, Sal Kahn who resides in the 10th Ward. Mr. Kahn will bring the number of DuPage residents on the Commission to four, which is the maximum allowed by code. If Mr. Kahn’s appointment is approved, there will be no remaining vacancies on the commission.

• Consent was given to a resolution approving the appointment of a member to the Preservation Commission.

June of 2021, the City Council approved changes to Chapter 2, which included a sunset provision for all board/commission members. The sunset was included to bring the board/commission terms into compliance with the new dates provided in the ordinance, as well as survey members if they wished to continue to serve or step down.

The nomination brought forth represents a veteran candidate, Kristin Ludwig who resides in the 4th Ward and has served on the commission since 2019. If Mrs. Ludwig’s appointment is approved, there will be no remaining vacancies on the commission.

• Consent was given to a resolution approving the appointment of a member to the Retiree Health Insurance Trust Fund Board.

The City of Aurora Retiree Health Insurance Trust Fund Board exists to support the provision of medical and dental benefits to the city’s retirees and their families.

The nomination brought forth represents a retiree, Brad Westrom who worked with the City of Aurora Fire department for 30 years. Members of this board are typically elected from the body of eligible retirees, but after two solicitations no interested parties stepped forward. The bylaws for this body stipulate the Mayor may appoint a member to the board to fill the vacancy, hence Mr. Westrom’s nomination.

Mr. Westrom is a non-resident, there is no residency requirement for this board.

• Consent was given to an ordinance establishing a conditional use planned development, approving the Redwood of Aurora Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map to an underlying zoning of R-4 Two Family Dwelling District for the property north of W. Indian Trail and east of N. Randall Road.

The projected rent is $2,269 per month.

• Consent was given to a resolution approving a preliminary plan and plat for lot 1 and 2 of Redwood of Aurora Subdivision on vacant land north of W. Indian Trail and east of N. Randall Road.

• Consent was given to an ordinance establishing a conditional use planned development, approving the Chelsea Manor Plan Description and amending Chapter 49 of the Code of Ordinances, City of Aurora, by Modifying the Zoning Map to an Underlying Zoning of R-4A(C) Two Family Dwelling District with a Conditional Use Planned Development, and OS-1(C) Conservation, Open Space, and Drainage District with a Conditional Use Planned Development, for the property near the Southeast Corner of South Commons Drive and Irving Road.

City government of Aurora documents show the petitioner, M/I Homes of Chicago, LLC, is requesting the establishment of a Conditional Use Planned Development with an underlying R-4A(C), Two Family Dwelling District and OS-1(C), Conservation, Open Space, and Drainage District, along with bulk restrictions to allow for the development of 250 residential townhomes and stormwater detention.

The subject property is approximately 36.3 acres of vacant land that is near the southeast corner of South Commons Drive and Irving Road. The Comprehensive Plan designates the subject property as Quasi-Public. The subject property is presently owned by the Cavalry Temple Church, which is directly to the east. The subject property was previously planned for townhomes on the northern portion, and areas for athletic activities and other uses associated with the church.

The petitioner is requesting approval of a conditional use planned development with an underlying R-4A(C), Two Family Dwelling District and OS-1(C), Conservation, Open Space, and Drainage District with a Conditional Use Planned Development. Details of the request include two separate parcels: Parcel A, which is approximately 31.4 acres and will be developed for the proposed townhomes; and Parcel B, which is approximately 4.9 acres and will be developed for the proposed detention pond. Parcel A will correspond to the R-4A(C) zoning, which will include the residential townhomes, the circular drive, recreational space, and open space. Parcel B will correspond to the OS-1(C) zoning and will include the detention pond.

Details of this request include modifications to the bulk restriction standards between buildings and along the perimeter line of the proposed subdivision, permitted obstructions in required setback areas, and minimum dwelling standards per individual dwelling unit. Parking and loading standards include the minimum requirement of two enclosed spaces and two driveway parking spaces. The detention pond is proposed to be developed for drainage and will be developed per the OS-1 zoning district standards.

Concurrently with this proposal, the petitioner is requesting approval of a preliminary plat and plan revision. The preliminary plat indicates 59 lots, 48 of which will be developed for residential townhomes, and the remaining utilized for open space, recreation, and easements for stormwater management and access to Cavalry Church’s property.

The preliminary plan indicates that the townhomes will be situated on both sides of the drive that circles the proposed subdivision. The townhomes on the outside of the circle are shown as front-loaded units, while the townhomes on the inside of the circle drive are shown as rear-loaded units. The preliminary plan is also showing an approximately 2.4 acre lot within the center of the subdivision for open space and recreation. The petitioner is also proposing two access drives onto North Commons Drive: the first is in the middle of the frontage, while the second is near the southern portion of the Subject Property. There is also an access being proposed on the eastern frontage that allows access to Cavalry Church. The detention pond is along the southern portion of the subject property and provides separation from the residential subdivision to its south.

The petitioner is proposing a 66 foot wide right-of-way, as well as 31 foot wide streets, both of which are dimensions standard for a residential subdivision and allows for better parking availability on the street. The preliminary plan is also showing that there is adequate residential parking available to meet the minimum parking requirement of two enclosed parking spaces and two driveway parking spaces, as indicated in the accompanying plan description. The preliminary plan also indicates area on the internal circular drive where on-street parking may occur. There are 95 on-street parking spaces shown on the Preliminary Plan, although there may be other areas to accommodate additional on-street parking.

Indian Prairie School District 204 has provided a letter dated August 9, 2021 indicating their support for this proposal.

City staff members have reviewed the conditional use planned development petition and have sent comments back to the petitioner based on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances, with exception of the items reflected in the conditions listed in the staff member recommendation below.

City staff members have provided the following comments regarding the findings of fact for the conditional use planned development:

1) Staff members believe the proposed conditional use planned development will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare, but will be consistent with the land use patterns and development standards of the surrounding neighborhood, which is Medium Density Residential to the north, and Low Density Residential to the west and south. Cavalry Temple Church to the east is designated as Quasi-Public, which is consistent based on the provided access to the church’s campus.

2) Staff members do not believe that the conditional use planned development will be injurious to the use and enjoyment of other properties in the immediate vicinity. Staff members believe the proposed conditional use planned development has been prepared as a means for these residential townhomes to be develop consistently with the residential townhomes to the north, and for the southern detention pond to provide a buffer to the single-family subdivision to the south. North Commons Drive will also allow for further separation from the single-family development to the west.

3) Staff members do not believe that the proposed conditional use planned development will impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Staff members believe the petitioner has gone to great lengths to provide a proposal that is consistent with the surrounding neighborhood.

4) Staff members believe the proposal will provide for adequate utilities, access roads, drainage and/or other necessary facilities as part of the conditional use. The proposal will also allow for the conditional use planned development to comply with the applicable City review standards and processes.

5) Staff members believe the proposal takes adequate measures to provide adequate ingress and egress as a means to minimize traffic congestion in the public streets. This is evident in the petitioner’s willingness to provide a traffic study and complete the applicable review processes with City staff members to ensure the project is in compliance with the traffic demands for this area.

6) Staff members believe the conditional use planned development does, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Commission.

Staff members have provided the following comments regarding the findings of fact for the rezoning:

1) Staff members have reviewed the petition and believe that the proposal is in accordance with the applicable, official physical development policies and plans of the City of Aurora.

2) Staff members believe the proposed underlying zoning change represents the logical establishment and is a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area of the property in question. The residential townhomes are consistent with the development to the north and effectively separated from the one single-family residential developments to the west and south by North Commons Drive and the detention pond.

3) Staff members believe the proposal is consistent with a desirable trend of development in the general area of the property in question, occurring since the property was placed in its present zoning classification. This residential townhome development request is similar in nature and style to the residential townhome development directly to the north.

4) Staff members believe the rezoning will allow for uses which are more suitable than uses permitted under the existing zoning classification. The residential townhome use and detention pond uses are permitted within their respective zoning districts.

5) Staff members believe the rezoning is a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area. This is evident in the request for rezoning and accompanying Plan Description.

Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff members have received public inquiries regarding this petition.

Policies and guidelines:

City staff members evaluation and recommendation are based on the following physical development policies:

11.1 (3): To encourage new development contiguous to existing development.

12.1 (3): To encourage residential development in close proximity to places of work, shopping, and recreation.

23.1 (3): To encourage quality site design and practicable innovations in both housing structures and site developments to encourage quality site design and practicable innovations in both housing structures and site development.

The Planning and Zoning Commission recommended conditional approval of the ordinance establishing a conditional use planned development, approving the Chelsea Manor Plan description and amending Chapter 49 of the Code of Ordinance, city of Aurora, by modifying the zoning map to an underlying zoning of R4-A(C), Two Family Dwelling District, and OS-1(C), Conservation, Open Space, and Drainage District with a conditional use planned development, for the property near the Southeast Corner of South Commons Drive and Irving Road, with the following conditions:

1) That the CC&Rs include a provision that no more than 30 percent of dwelling units be licensed rental units.

• Consent was given to a resolution approving a revision to the preliminary plat and plan for the property near the southeast corner of South Commons Drive and Irving Road (M/I Homes of Chicago, LLC – 21-0506 / NA33/2-21.195-CUPD/Psd/Ppn/R – SB – WARD 8).

City government of Aurora documents show the petitioner, M/I Homes of Chicago, LLC, is requesting approval of a Preliminary Plat & Plan Revision to allow for the Subject Property to be divided into fifty-nine (59) lots for two hundred fifty (250) residential town homes, open space and recreation, and stormwater detention.

The subject property is approximately 36.3 acres of vacant land that is near the southeast corner of South Commons Drive and Irving Road. The comprehensive plan designates the subject property as quasi-public. The subject property is owned by the Cavalry Temple Church, which is directly to the east. The subject property was previously planned for townhomes on the northern portion, and areas for athletic activities and other uses associated with the church.

The petitioner is requesting approval of a preliminary plat & plan revision. The preliminary plat indicates 59 lots, 48 of which will be developed for residential townhomes, and the remaining utilized for open space, recreation, and easements for stormwater management and access to Cavalry Church’s property.

The preliminary plan indicates that the townhomes will be situated on both sides of the drive that circles the proposed subdivision. The townhomes on the outside of the circle are shown as front-loaded units, while the townhomes on the inside of the circle drive are shown as rear-loaded units. The preliminary plan is also showing an approximately 2.4 acre lot within the center of the subdivision for open space and recreation. The petitioner is also proposing two access drives onto Commons Drive: the first is in the middle of the frontage, while the second is near the southern portion of the subject property. There is also an access being proposed on the eastern frontage that allows access to Cavalry Church and is available as an emergency access also. The detention pond is along the southern portion of the subject property and provides separation from the residential subdivision to its south.

The petitioner is proposing a 66 foot wide right-of-way, as well as 31 foot wide streets, both of which are dimensions standard for a residential subdivision and allows for better parking availability on the street. The preliminary plan is also showing that there is adequate residential parking available to meet the minimum parking requirement of two enclosed parking spaces and two driveway parking spaces, as indicated in the plan description. The preliminary plan also indicates area on the internal circular drive where on-street parking may occur. There are 95 on-street parking spaces shown on the preliminary plan, although there may be other areas to accommodate additional on-street parking.

Indian Prairie School District 204 has provided a letter dated August 9, 2021 indicating their support for this proposal.

Concurrently with this proposal, the petitioner is requesting approval of a Conditional Use Planned Development with an underlying R-4A(C), Two Family Dwelling District and OS-1(C), Conservation, Open Space, and Drainage District zoning with a Conditional Use Planned Development. Details of the request include two separate parcels: Parcel A, which is approximately 31.4 acres and will be developed for the proposed townhomes; and Parcel B, which is approximately 4.9 acres and will be developed for the proposed detention pond. Parcel A will correspond to the R-4A(C) zoning, which will include the residential townhomes, the circular drive, recreational space, and open space. Parcel B will correspond to the OS-1(C) zoning and will include the detention pond.

Details of this request include modifications to the bulk restriction standards between buildings and along the perimeter line of the proposed subdivision, permitted obstructions in required setback areas, and minimum dwelling standards per individual dwelling unit. Parking and loading standards include the minimum requirement of two enclosed spaces and two driveway parking spaces. The detention pond is proposed to be developed for drainage and will be developed per the OS-1 zoning district standards.

City staff members have reviewed the preliminary plat & plan revision petition and have sent comments back to the petitioner based on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances, with exception of the items reflected in the conditions listed in the Staff Recommendation below.

Policies and guidelines:

The staff member’s evaluation and recommendation are based on the following physical development policies:

11.1 (3): To encourage new development contiguous to existing development.

12.1 (3): To encourage residential development in close proximity to places of work, shopping, and recreation.

23.1 (3): To encourage quality site design and practicable innovations in both housing structures and site developments to encourage quality site design and practicable innovations in both housing structures and site development.

The Planning and Zoning Commission recommended conditional approval of the resolution approving a revision to the preliminary plat & plan for the property near the southeast corner of South Commons Drive and Irving Road, with the following conditions:

1) The developer will eliminate the southerly access to South Commons Drive.

2) Per the Engineering Department, the submitted traffic study should be revised to include the peak weekend traffic volume during the time period when Cavalry Temple Church traffic would be allowed to utilize the proposed private access road. The proposed South Commons Drive left turn lane striping should be revised based on the findings of the traffic impact study, as necessary.

3) Final approval from the Engineering Division should be obtained.

4) That the fire access plan be revised per review comments, which are dated 8/16/2021.

• Consent was given to a resolution authorizing the director of Purchasing to enter into an agreement with Altorfer CAT for the purchase of one 926M Caterpillar Wheel Loader for the not to exceed amount of one hundred and fifty thousand six hundred and seventy dollars and no cents ($150,670.00).

City government of Aurora documents show the purpose for this request is to purchase a new wheel loader to replace the Water and Sewer Maintenance’s existing 2002 wheel loader which is no longer operable or repairable.

On July 14th, the City clerk received and publicly opened four proposals for the subject purchase. The proposals were received in response to an advertisement for bid posted on June 27th, 2021 by Aurora’s Purchasing Division.

Aurora’s wheel loaders are all exclusively Caterpillar brand. Having like equipment simplifies maintenance and repairs, makes stocking common maintenance items and parts easier, and reduces the expense of training operators and mechanics. Further, there are several Implements such as buckets, jib booms, and forks that are used on a daily basis that are not interchangeable amongst different brand machines. Typically in the past, in order to maintain like equipment in the fleet, bid specifications excluded supplying equipment other than the make and model specified. However, in order to perform a thorough analysis of the impacts of maintaining a wheel loader fleet with like equipment, the bid documents for this purchase allowed other brand wheel loaders to be proposed.

After factoring in the cost of the additional implements (for the Caterpillar there is no additional cost for implements since the City already owns those) the Volvo brand wheel loader proposed by Alta Equipment is the low total cost at $149,193, while the Caterpillar is the second low total cost at $150,670 or $1,477 more. Considering the value of having a fleet of like equipment, which includes not needing to train City mechanics and operators, and having implements that are interchangeable, it is our recommendation that the City purchase the Caterpillar wheel loader from Altorfer CAT in the amount of $150,670.00.

• Consent was given to a resolution establishing OAP and Value HSA(HDHP) Health Insurance Plans and Rates Effective January 1, 2022 through December 31, 2022.

City government of Aurora documents show the resolution establishes Cigna Open Access Plan (OAP) and Value HSA(HDHP) Health Plan and Rates Effective January 1, 2022 through December 31, 2022.

The purpose is to affirm the 2022 OAP and Value HSA(HDHP) schedule of benefits and establish the 2022 insurance premium rates of the City’s OAP and Value HSA(HDHP) medical insurance.

Each year the City establishes base premium rates for its self-insured OAP and Value HSA (HDHP) plans. Cigna has been the City’s health insurance administrator for the OAP and Value HSA(HDHP) plans since 2016.

The 2021 OAP premium rates were increased 0% from the previous year.

As a self-funded plan, the City is subject to changing cost due to excess or catastrophic medical claims, Rx cost and limitations to making further plan design changes which is subject to ongoing union negotiations. Currently all groups are on the same OAP plan design.

The Value HSA (HDHP) plan continues to be the most cost-effective plan to the employees and the City. Claims are relatively stable and flat enough that there will be no rate change for the premium. For the 7th consecutive year, the Value HSA (HDHP) premiums will also not increase.

The City has maintained a fiscally responsible position regarding the benefits budget. The City continues to promote and communicate certain containment measures to help manage and keep down cost. The active OAP population cost has trended up at the rate of medical inflation resulting in a 7.5% rate increase for 2022.

The City recommends approving the rates for the OAP and Value HAS health plan for 2022.

• Consent was given to a resolution establishing Blue Cross Blue Shield Advantage HMO (BCBS) for Group Health Care Services for the period of January 1, 2022 through December 31, 2022.

City government of Aurora documents show the purpose is to establish the 2022 rates for BCBS Blue Advantage HMO medical insurance.

The city of Aurora provides a fully insured HMO for active employees through BCBS Blue Advantage HMO. Renewal rates are set by BCBS and the required premium is based on the sum total of projected new paid claims, physician service fees, pooling charge, risk and administration as determined by BCBS.

The City received 2022 renewal rates equaling a 0% increase over 2021 rates.

The City evaluated Aetna, Blue Cross Blue Shield of Illinois, CIGNA, and United Healthcare in the Spring and Summer of 2021 for the 2022 plan year. The evaluation highlighted that Aetna, Blue Cross, CIGNA and UHC all have comparable PPO networks. Aetna and UHC have comparable HMO networks. CIGNA launched a new HMO product as of April 1, 2019 with pricing favorable versus BCBSIL. The City is intrigued by CIGNA’s HMO network and pricing, however, AssuredPartners (City consultant) was able to negotiate on behalf of the City to achieve the following results:

BCBSIL initial HMO renewal increase was 5%.

Final renewal is 0% rate increase resulting in a “no change” for two years.

The City government recommends renewing the HMO with BCBSIL.

• Consent was given to a resolution establishing C.O.B.R.A. Insurance Monthly Rates Effective January 1, 2022 to December 31, 2022.

City government of Aurora documents show the purpose is to establish the 2022 C.O.B.R.A. rates for the City of Aurora’s OAP Access and Value HSA(HDHP) comprehensive medical plans, Blue Cross Blue Shield Blue Advantage HMO and dental plan. The City is obligated by law to offer C.O.B.R.A. to employees and their covered dependents when they separate from employment for up to 18 months at 102% for the current premium rate.

Each year the C.O.B.R.A. rates are adjusted to reflect an additional 2% administrative fee to the current health and dental premiums.

• Consent was given to a resolution authorizing agreement for administrative services with Cigna Health and Life Insurance Company (Cigna) for PPO and Value HSA(HDHP) Group Health, Prescription Benefits Management (PBM), Flexible Spending, Dental, Vision, C.O.B.R.A. and Stop Loss Plan Administration for period January 1, 2022 through December 31, 2022.

City government of Aurora documents show the purpose is to authorize an agreement for third-party administrative services (TPA) with Cigna for the City’s PPO and Value HSA(HDHP) health insurance plan, dental insurance, vision coverage, prescription benefits management (PBM), flexible spending, C.O.B.R.A. and stop loss insurance coverage.

Cigna has been the City’s third-party administrator for the City’s PPO, Value HSA(HDHP), dental, vision, PBM, flexible spending, C.O.B.R.A. and stop loss coverage for participating employees, retirees and their dependents since January 2016. The PEPM (per employee per month) fee for 2021 was $36.74.

CIGNA’s administration fee for Medical/Dental/Vision is increasing 1.9%. Claims are trending significantly higher for the pre-65 Retirees, while the Active OAP population is trending at the rate of medical inflation and the HDHP remains flat.

Additionally:

PPO discount improving by 9.9%

Claim and Clinical guarantees equal to $300,000.

Rx Net Cost (with Rebates) are improving approximately $165,000

Wellness Fund increase from $30,000 to $40,000.

Human Resources is seeking approval to enter into a one year agreement with Cigna.

• Consent was given to a resolution establishing health and dental insurance monthly rates of contributions for pre-Medicare retirees effective January 1, 2022 through December 31, 2022.

City government of Aurora documents show the purpose is to establish the 2022 health and dental insurance monthly rates of contributions for Pre-Medicare retirees.

January 1, 2018, the City set separate funding rates for the pre-65 retirees in order to cover their necessary liabilities under the Cigna plan.

The premium rates of health and dental insurance for all pre-Medicare retirees and their qualified dependents are adjusted accordingly from the prior year’s rates on the basis of past actual claims experience, projected current loss experience and medical and dental costs associated with the OAP health insurance and dental plan currently offered by the City. The City offers three tiers of insurance for retiree, retiree + 1 and retiree + family coverage. Retirees costs is based on the applicable level of coverage chosen at the time of retirement and pursuant to whichever pay plan or collective bargaining agreement is currently in effect.

Over the past two years claims have remained low resulting in no premium increases. However, claims are trending significantly higher for the pre-65 retirees for this year. The cost surge has resulted in a recommendation of a 22% premium rate increase. Caps in the respective collective bargaining agreement will help mitigate the cost.

Retiree dental premiums and active employee dental rates are the same and there is no increase for 2022.

• Consent was given to a resolution authorizing an agreement with Humana to administer a Medicare Advantage Plan for Medicare eligible retirees for the period of January 1, 2022 through December 31, 2022.

City government of Aurora documents show the purpose is to authorize an agreement with Humana to administer a Medicare Advantage Plan for Medicare eligible retirees.

On January 1, 2018, the city of Aurora government converted the Post-65 Medicare retirees from the City’s Cigna OAP health plan to Aetna’s Medicare Advantage Plan. Aetna’s plan is a fully insured product which shifts the risk of claims from the City’s self-insured plan to Aetna. The 2017 funding of the Post-65 Medicare retirees was approximately $5,700,000. Under the Aetna Medicare Advantage Product, the funding has been approximately:

2018: $1,946,899

2019: $1,718,385

2020: $2,010,658

2021: $1,930,599

Aetna’s renewal for the Post-65 Medicare retirees is a -24.4% which assumes the same benefits and a rate cap of 6% for 2023. However, Assured Partners (City consultant) reviewed market options for the City of Aurora and Humana is providing a reduction in premium of -43.3% with a 12% rate cap for 2023 resulting in guaranteed savings for the City of $1,540,052 over the next two years.

Humana plan highlights:

Network is the same network as Aetna

Medical and Rx Benefits Match

Silver Sneakers – Fitness Program included (Enhancement over Aetna)

Home Delivery Meal Program – 14 days after in-patient stay

Go 365 Wellness Program included

Post-Discharge Personal Home Care

• Consent was given to a resolution authorizing the director of Purchasing to enter into an agreement with Electrical Resource Management, 401 S. Carlton Avenue, Wheaton, in an amount not to exceed $251,115.00 for the purchase of lighting materials for various locations throughout the City.

City government of Aurora documents show the purpose is to obtain approval to authorize the director of Purchasing to enter into an agreement with Electrical Resource Management, 401 S. Carlton Avenue, Wheaton, in an amount not to exceed $251,115.00 for the purchase of lighting materials for various locations throughout the City.

Annually, the City purchases and installs various light fixtures and associated components to upgrade or supplement existing fixtures throughout the City. To purchase the equipment, the City obtains competitively bid pricing from suppliers which are then installed by the City’s Electrical Division.

Based on an estimated quantity of materials needed, a request for sealed bids was published and three bids were read aloud on July 28, 2021. Of the three bids received, Electrical Resource Management was determined to be the lowest responsible bidder in the amount of $251,115.00. The bid was structured to indicate that the City may not purchase the full amount of any of the specified fixtures, but to establish the unit prices for the items that may be needed. Accordingly, the City only intends to open the initial purchase order in the amount of $170,000.00.

The funds required for this purchase will be from 340-4020-418.65-07 ($85,000.00), 101-4020-418.65-07 ($85,000.00). To facilitate the establishment of this P.O., $50,000.00 will be transferred from 101-4020-418.38-22 to 101-4020-418.65-07. Should additional funding above and beyond the initial Purchase Order amount of $170,000.00 be required, additional budget transfers will be required. In that event, the overall amount of $251,115.00 as authorized in this resolution will not be exceeded.

The bid was subject to the Local Bidder Ordinance, but that did not impact the bids.

• Consent was given to a resolution requesting approval to enter into an agreement with Crowe LLP, 225 W. Wacker Drive, Chicago, for consulting services to support the City of Aurora in developing, establishing, implementing, and operating an Open Data Strategy in the amount not to exceed $95,100.

Resolution requesting approval to enter into an agreement with Crowe LLP, 225 W. Wacker Drive, Chicago, IL 60606 for consulting services to support the City of Aurora in developing, establishing, implementing, and operating an Open Data Strategy in the amount not to exceed $95,100.

City government of Aurora documents show the City of Aurora is working to establish a comprehensive and strategic Open Data Policy/Strategy consistent across all City departments, citywide. This project will not only provide better access to information citywide; it will provide a more effective means for management to monitor and measure projects in their departments. The process to create and implement such a program is significant, hence the request to have it managed by a third-party vendor with whom we have a track record of success.

The City government has access to the technology tools needed to gather, synthesize and share data, but lacks a cohesive and city-wide strategy. The city seeks a best practice strategy and governance policy that can evolve over time and is cross-departmental focused on function.

The process to implement an open data platform began in earnest during the city’s participation in the Bloomberg Harvard City Leadership Initiative. The initial plans and process were delayed by the pandemic, but staff was able to use that time to learn more about the available options and we were able to in effect conduct a “pilot” with the COVID-19 dashboard.

Understanding the importance of empowering our residents and elected officials with information available to them at any time and the ability for city leadership to better manage our projects and processes is important. Implementing this process in a way that can be kept up to date and maintained is vital.

Utilizing Crowe to manage the policy creation and process management will allow the process to move forward in a timely and efficient manner. Crowe is familiar with the city’s existing software platforms capable of producing these results and will begin the process by reviewing and examining specifically what we would like to see and determining if our current product(s) can do the job.

Open data is data that is machine readable, can be freely used, shared and built-on by anyone, anywhere, for any purpose. Through this effort, the City aims to improve and expand its sharing of data with the public as well as within the organization. In addition to increased transparency, sharing data publicly will invite more public input which will lead to better decision making and enhanced service delivery. The proposal from Crowe is a 2-year, not to exceed amount of $95,100 and will be paid from 101-1381-419.32-80. Additional costs for the City’s ESRI ArcGIS platform may be incurred over a three to five year period to support this program.

There is increasing demand for government data and information from the public and stakeholders. Many government entities in Illinois maintain open data portals to share public data and information including the State, Chicago, Kane County, DuPage County and many neighboring municipalities.

The City can increase transparency, improve efficiencies and reduce FOIA burdens by providing data to residents in a proactive, easy-to-use Open Data Portal.

• Consent was given to a resolution to establish annual fees for complimentary alcohol service liquor licenses as defined in Chapter 6, Alcoholic Liquor, of the Code of Ordinances, city of Aurora.

City government of Aurora documents show the purpose is to set the annual fee for Complimentary Alcohol Service liquor licenses.

On October 8, 2019, the City created a new liquor license classification entitled, Class T – Full Service Salon and Spa, pursuant to O19-066. On April 14, 2020, the City created a new on-site consumption license definition for Complimentary Beer and Wine, pursuant to O20-023. This definition was subsequently modified to Complimentary Alcohol Service (and includes Salons and Spas) on August 10, 2021, pursuant to O21-040. A fee needs to be set for the now-combined Class T and Complimentary Alcohol Service license classification before the issuance of a license in this classification.

All liquor license classification fees were set on December 18, 2018, pursuant to R18-331, with the exception of the subsequently created Complimentary Alcohol Service license. There is currently no yearly license fee set for the new Complimentary Alcohol Service license. Based upon a review of the fees of several Illinois municipalities, it was found that fees for similar licenses typically range from $100.00 per year to $1,000.00 per year. Staff members recommend setting the yearly license fee for Complimentary Alcohol Service at $350.00 per year.

This change will allow businesses to apply for a Complimentary Alcohol Service liquor license.

• Consent was given to a resolution authorizing a professional services agreement with Crawford, Murphy & Tilly, Inc., for bidding and construction observation services for the Normal Pressure System Master Meter Replacement Project in the not-to-exceed amount of $62,000 for the Water Production Division.

City government of Aurora documents show the purpose is to obtain City Council approval to execute a professional engineering services agreement with Crawford, Murphy & Tilly, Inc. (CMT), Aurora, for bidding and construction observation services for the Normal Pressure System Master Meter Replacement Project for the Water Production Division.

All residents of the City of Aurora are provided with potable water from the city owned and operated Water Treatment Plant (WTP). The WTP was originally constructed in 1991 and began operation in 1992. The water treated at the facility is then pumped to two distinct and separate pressure zones, the normal and high pressure zones, which cover the entire City of Aurora.

All of the water that is pumped out to the Normal Pressure System (NPS) flows through one individual “master” flow meter which registers the amount of flow pumped to the pressure zone. This information is then used for multiple purposes such as reporting to regulatory authorities, monitoring quantities of water loss, and ensuring proper operation of the WTP’s finished water pumps.

The NPS flow meter has been in constant operation since 1992, and over the past five years it has shown decreased measurement accuracy and precision. Accordingly, the WPD has hired several experts from the flow meter manufacturing company to inspect the meter and perform various types of repairs. Unfortunately, the electrical windings in the NPS master flow meter are no longer salvageable and the accuracy and precision of the meter is severely hampered. A temporary meter has been in use for several years. After 29 years of constant operation, the WPD believes that the NPS master meter is past its useful life and is in need of replacement.

The current NPS master meter location does not allow for removal of the existing meter without significant modification to the existing cast-in-place concrete floor of the existing WTP pump station. Also, the current location of the meter with respect to the discharge header piping is not ideal for collecting accurate and consistent readings from any type of flow meter. As such, it has been determined that locating two replacement meters in underground vaults in the yard of the WTP, one each for the westside and eastside transmission mains, is preferred for a number of reasons.

1. This will provide the best locations to collect the most accurate and precise readings.
2. This will allow potential isolation of the east and west sides of the water distribution system to allow potential water loss investigations via district metered areas to occur.
3. This provides better operational management of the WTP during the actual construction installation of the meters.

The engineering design work only for this project was completed separately in 2019 by CMT under a separate purchase order. The bidding and construction of the project was postponed in 2020 due to the global COVID pandemic. The contract documents are prepared for potential public advertising in Fall 2021.

Funding for the professional engineering services and the construction of this project has been requested and provided in the 2021 City Budget via a carryover for CIP #I045. Funding is available in the 2021 budget account No. 510-4058-511-32-23.

Without the replacement of the NPS master meter, the information obtained from the temporary meter and reported to regulating authorities regarding the final water flow pumped from the WTP into the NPS will remain unreliable.

• Consent was given to a resolution authorizing the director of Purchasing to execute the Contract Change Order Request Number 1 with Copenhaver Construction Inc. for the Wilder Park Site Improvements project in the amount of thirty-five thousand dollars and zero cents ($35,000.00).

City government of Aurora documents show the purpose is to increase the Contract by $35,000.00 from the original value of $543,708.50 (R21-156) to a new Contract value of $578,708.50.

The change order is necessary to increase the contract value in order to allow for the installation of the playground equipment that was previously acquired by the City. Originally, the City was going to have a separate vendor install the playground equipment and staff was going to come forward for approval of that installation. Unfortunately, as construction progressed, it was determined that the equipment needed to be installed prior to the installation of the playground surface. In order to keep the contract on schedule, Copenhaver installed the equipment in lieu of the City hiring another contractor after the Copenhaver contract was complete.

It is anticipated that the bulk of the existing contract contingency will be needed for items that generally arise during construction; on this contract those anticipated additional costs are described as follows:

The spoils from the earthwork were tested and found not eligible for disposal at a CCDD facility. As a result, the spoils will remain onsite which will increase the area of restoration and seeding post construction.

Due to the existing grade difference across the playground and shelter area and the need to keep the improvements handicap accessible, the west edge of the playground and shelter will require the installation of a retaining wall.

Existing River Street within the site limits was milled and graded to be used as the subbase for the brick pavers. With the loss of density of the asphalt, excess material was produced and will need to be moved offsite.

This work was budgeted in 2021 in account number 235-4440-451-7343 (A053) which had a total approved amount of $870,000.00. There is sufficient funding in this account to fund this change order, as the installation of the playground equipment was originally anticipated to come from this account.

Executing this change order request to increase the contract value will allow for payment for work that was required due to unforeseen issues that arose during construction as well as the installation of the playground equipment by this contractor rather than a separate vendor.

• Consent was given to a resolution authorizing Olsson Roofing Company to replace the roofs of three City buildings, in the amount of $258,250.00, plus a ten percent contingency of $25,825.00.

Roof replacement of City buildings.

City government of Aurora documents show the purpose is to ensure the continual safety and structural integrity of City buildings.

The roofs of three City buildings require replacement:

44 East Downer Place – 2020 DP (City Hall)

11-13 South Water Street – 2021 DP (The Riverfront Playhouse)

21 South Broadway – 2020 DP (The Venue)

Kluber Architects + Engineers was retained to formulate bid specifications, review submittals, and provide recommendations. Once specifications were completed, the City publicly advertised Bid #21-30 – Roof Replacement at the Venue, City Hall and Water Street Playhouse. Bids were publicly opened and read on May 19, 2021.

Three companies submitted bid packages for the project: Anthony Roofing Tecta America LLC, of Aurora, ($338,200.00), L. Marshall Roofing & Sheet Metal Inc. of Glenview, IL ($343,000.00), and Olsson Roofing Co. of Aurora, which submitted the lowest responsible, responsive bid ($258,250.00). All bid amounts include Alternate No. 1 (City Hall West Roof Area)

A 10% contingency of $25,825.00 is requested for this project.

The City’s local preference ordinance does apply to this contract, however did not impact the decision.

$266,900.00 is budgeted in the following accounts: 101-4010-417.38-05 ($85,000.00), 340-4010-417.38-05 ($98,400.00), and 231-4010-417.38-05 ($83,500.00).

Olsson Roofing Company is not indebted to the City.

• Consent was given to a resolution establishing a new Private Service Line Replacement Program.

City government of Aurora documents show the purpose is to modify the existing Private Service Line Replacement Program previously established in August, 2018.

The City of Aurora has long-prided itself on providing clean, safe, and good-tasting water to the community. The City replaced the last remaining lead pipes in the water distribution system many years ago and there is no detectable level of lead in the finished water pumped from the water treatment plant.

While there is no detectable level of lead in the water leaving the plant, the presence of privately-owned lead service lines connected to the distribution system can often introduce lead to the water coming out of the end user’s plumbing fixtures. All water utilities in the country are required to sample the water at this location every three years to test for compliance on a number of items, including lead.

Even though the City lead sampling is in compliance with the federally regulated lead sampling, the state will still soon require the replacement of any remaining privately-owned lead service lines. While the use of lead is not allowed by the City and was banned federally in 1986, there are still approximately 20,000 lead services lines throughout the City that had been installed prior to 1986.

Under the new state legislation, they City will be required to replace the remaining 20,000 services over a thirty-year period beginning in 2027. Over the course of the next five years, the City will begin conducting a thorough inventory to determine the location of all these services and develop the final replacement program.

While the City works on inventory and final program, there will still be ongoing work that impacts lead service lines. One other aspect of the new legislation is prohibiting partial lead service line replacements. So, while the City will not be required to commence the full replacement program until 2027, no partial service replacements will be permitted, thus requiring a modification to the City’s existing Private Service Line Replacement Program.

Research has shown that when lead service lines (LSL’s) are disturbed and a portion is replaced, lead levels in the water at the customer’s tap can potentially remain elevated for weeks or months after the disturbance. As a result, this new legislation no longer allows partial replacements. With the program instated back in 2018, the City began replacing the entire section of any impacted lead service line that is on public property (Legistar Item 18-0732, resolution R18-219). Additionally, a lead filtering device is provided along with paperwork describing the dangers of lead in drinking water. The customer is also provided with options for replacing the remainder of the service line that is on private property. There are various options available including funding the work on their own or obtaining a loan through the City to have the work done and repaying the loan over a ten-year period.

In order to comply with the new legislation, the City will need to take a more pro-active approach towards avoiding partial lead service line replacements. In most years, the City impacts approximately 300 service lines through capital projects and maintenance operations. In many cases these are made of lead and the City will no longer be permitted to replace only a portion of the line. As such, the City will pay for the entire lead service line replacement from the main to the meter at no cost to the customer. The only cost to the customer will be the repairs to any flooring, ceiling, walls or other finishes within the building. The City will provide the new line, necessary plumbing to connect to the meter and any patching to the concrete slab or foundation wall.

Any customer who obtained a loan or funded the replacement of their lead service line under the program created August 28th, 2018 will be repaid their eligible out of pocket expenses for direct payments to contractors. In order to be reimbursed, customers will need to provide detailed invoices documenting the costs of the service line replacement. Costs not specifically required to connect the service line will be omitted from any reimbursement. Any work prior to the creation of the previous program is not eligible for reimbursement. Repayments will occur within 18 months of the approval of this revised Lead Service Line Program. Any existing loans will be forgiven and any loan payments to date will be repaid.

The resolution will ensure that the City is compliant with all new legislation regarding the elimination of lead. While the City has always encouraged participation of the customers to completely eliminate their lead service line, most users preferred to use their existing line in lieu of making any payments to eliminate the lead on their private property.

This work will be funded from the water utility funds, which may slightly reduce the amount of other related capital work that can be completed. It is anticipated that this cost will be approximately one million dollars annually over the course of the next five years. During that time, staff members will evaluate options on how to fund the full replacement program starting in 2027 as well as continue to research outside funding options.

The costs of this program will continue to be funded by the various accounts used to fund the capital improvement projects: 510-4058-511.73-02 (Watermain Eval, Repair and Replacement), 281-1856-512.73-09 (LTCP Improvements), and 510-4063-511.73-14 (Sanitary Sewer Evaluation & Rehabilitation).

The replacement of lead service lines on private property will be minimally disruptive to the affected property owner. A short-term loss of water is to be expected and patching of any walls or ceilings will be minor expenses to be covered by the property owner.

Should any customer refuse entry to allow their service line to be replaced for any reason, the City will still provide a lead filtering pitcher and will complete the replacement of the lead service line from the water main to the property line. An acknowledgement waiver must be signed and returned to the City prior to having their water turned back on.

• Consent was given to a resolution to award the contract for the Marion Avenue and Weston Avenue Water Main Replacement project in Ward 3 to Swallow Construction Corporation, 490 Topsoil Drive, West Chicago, in the amount of eight hundred sixty thousand, two hundred sixty-two dollars and zero cents ($860,262.00).

City government of Aurora documents show the purpose is to replace the 4” water main along Marion Avenue & Weston Avenue with 8” water main to increase the capacity of the water system on those two blocks.

The existing water main on both of these blocks is 4” diameter which is much smaller than the minimum 8” water main currently used for new water main installation. During recent water main work on neighboring blocks, it was confirmed that the existing water main has significant tuberculation or build-up on the inside of the pipe further restricting the available flow.

The proposed water main will be installed via the directional drilling method to limit conflicts with the existing utilities within the Right-of-Way.

It is anticipated that the majority of the services on this project will consist of lead. The City will soon be required to perform full replacement of lead service lines and is concurrently in the process of revising the lead water service line replacement policy. If the lead water service line policy is concurrently approved, then bid alternate 1 including the replacement of the services to the meter within the house is being requested.

Four bids were received, opened, and read aloud on July 28, 2021. The lowest responsible bid in the amount of $860,262.00 was submitted by Swallow Construction Corporation. The water main improvements ($860,262.00) will be funded with account 510-4058-511-73-02 (IC076) which has a 2021 budget amount of $5,100,000.00.

Swallow Construction Corporation has satisfactorily performed similar water main replacement projects within the City.

This project was subject to the Local Preference Ordinance, however no local contractors submitted.

There will be lane closures of Marion Avenue, Weston Avenue, S. 5th Street and S. 4th Street during the duration of the project. Water shutdowns during the project will be planned and coordinated with the local businesses and residences to minimize impact. Impacts to traffic and local residents will be kept to a minimum.

• Consent was given to a resolution authorizing the director of Purchasing to enter into an agreement with Blinderman Construction Company, Inc., 224 N. Des Plaines Street, Suite 650, Chicago, in the amount of $110,413.00 for the Vault Infill 2021 project.

City government of Aurora documents show the purpose is to enter into an agreement with Blinderman Construction Company, Inc. to backfill the vaults under the sidewalk at 26 N. Broadway and 86 S. LaSalle.

The City maintains an annual vault filling program which is intended to fill in individual vaults within the public right of way underneath sidewalks in the downtown area. The program is funded to an extent which typically allows the City to complete one vault location each year. Each year’s vault is typically selected based on safety concerns identified by the City or residents related to either aging infrastructure (typically structural steel) within the vault which provides support for the public sidewalk above or disproportionate water infiltration to the adjacent basement.

The locations to be filled this year were selected based on owner request, water infiltration, and the fact that the vaults are relatively small, allowing the City to address both locations this year.

The City enlisted the services of a Structural Engineer to design the interior wall, and these plans were combined with City drafted specifications to create the Invitation to Bid supplied to the contractors.

The invitation to bid was published and five bids were read aloud on August 16, 2021. Of the five bids received, Blinderman Construction Company, Inc. was determined to be the lowest responsible bidder in the amount of $110,413.00.

The agreement for Vault Infill 2021 (Capital Project A007) will be funded using accounts 231-1830-465.38-18 (remaining account balance of $94,352.00 to be used) and 353-1830-465.73-76 ($16,061.00 of the remaining balance of $91,850.00 to be used).

This bid was subject to Local Preference, but the lone bid received from a local vendor was not within the allowable threshold for consideration.

The sidewalk will be closed to pedestrian’s traffic during construction. Detours will be clearly marked at the nearest intersections on both sides of the project site.

• Final approval for items on the consent agenda are set to be made at the September 14 Aurora City Council meeting.