Aurora Council considers improved transparency

By Jason Crane

The Aurora City Council is considering an ordinance amending Sections 2-184 and 2-185 of the Code of Ordinances pertaining to outside occupations and the disclosure of economic interests and campaign contributions. Information was provided at the Committee of the Whole (COW) meeting, Tuesday, Oct. 3.

City government of Aurora documents show the purpose is to improve transparency related to the economic interest statements filed by City officers and employees, reduce duplicative administrative requirements, and to modernize City policy with respect to outside employment.

In 1984, Illinois “sunshine” laws that applied to local governments were very different than they are today.

At the time, the Illinois Governmental Ethics Act required the City’s elected officials and employees paid more than $35,000 ($98,000 in 2023 dollars) to annually file a limited statement of economic interest with the County Clerk. Although the universe of those covered by the disclosure requirements grew over the years, the information that the statute required covered persons to disclose remained largely unchanged until 2021. Under State law, covered officers and employees were required to:

• Disclose ownership interests in entities doing business with the City if their ownership interest exceeded $5,000 or they received dividends more than $1,200 in the preceding year;
• List the name of any professional organization the official was an officer, director, associate, partner, proprietor, or served in any advisory capacity and earned income more than $1,200 in the preceding year;
• Identify entities to which the official rendered professional services in an amount more than $5,000 in the preceding year;
• List assets from which the official realized a capital gain of more than $5,000 in the preceding year,
• Identify any governmental action (example: zoning relief) for which the official petitioned the City for in the preceding year;
• Identify any entity doing business with the City that the official received income of more than $1,200 from in the preceding year;
• Identify any other governmental entities that employed the official; and
• Disclose gifts valued at more than $500 received in the previous year.

As is the case today, county clerks served as the repository for annual disclosures. Separately, the Illinois Election Code required annual (rather than quarterly) disclosure of campaign contributions to be filed with the State Board of Elections and the local county clerk.

Reports filed under the Illinois Governmental Ethics Act and the Election Code were open for public inspection at the county clerk’s office. However, a requestor was required to complete a form that contained name, address, occupation, and reason for the request before they could obtain a copy. The county clerk was then required to notify the official or the political committee that their reports had been examined and by whom. There were no State prohibitions on the acceptance or solicitation of gifts from certain persons as were later enacted by the Gift Ban Act and eventually made part of the State Officials and Employees Ethics Act.

The Supreme Court had not yet concluded that most political patronage was unconstitutional and the State did not yet require municipalities to prohibit their employees from engaging in certain political activity on compensated time.

In August 1984, the City Council adopted Ordinance O84-4298. The new ordinance prescribed ethical standards for City officers and employees, required annual disclosures of their economic interests, and required that employees obtain permission in order to undertake any outside employment.

In enacting these requirements, the City Council intended that City officers and employees “conduct the affairs of the City with integrity and impartiality, without allowing prejudice, favoritism, or the opportunity for personal gain to influence their decisions or actions or interfere with serving the public interest.”

Even though O84-4298 used the same model for allowing public access to disclosure reports as the contemporary versions of the Governmental Ethics Act and the Election Code did, it meant persons interested in disclosures of Aurora officials to visit City Hall rather than traveling to Geneva, and thus provided a more “local” option for them.

Aside from slight modification following a recodification of the Code of Ordinances in the early 1990s, the provisions originally enacted by O84-4298 remained unchanged for 35 years. They remain codified as Sec. 2-184 and Sec. 2-185. In 2019, the City Council replaced much of the original language of O84-4298 with what is now Chapter 15 of the Code of Ordinances and in doing so clarified and amplified many of the obligations the Code required of City officers and employees.

Left largely unchanged by the 2019 amendments was O84-4298’s requirement that the City’s elected officials and many of its employees annually disclose their economic interests on forms filed with the City Clerk (in addition to those disclosures required by the Illinois Governmental Ethics Act).

The changes the City Council adopted in 2019 recognized the statutory distinction between gifts and lawful campaign contributions and removed obsolete language rendered unenforceable by the Freedom of Information Act. Because the City’s disclosure requirements captured a broader range of economic interests than those in the Governmental Ethics Act, the City Council did not evaluate the continued need to maintain them. Similarly, the Council did not consider whether to amend the Code’s provisions regarding outside employment by City employees.

Effective January 1, 2022, and in response to public concerns regarding governmental transparency, the Illinois General Assembly amended the Illinois Governmental Ethics Act to require broader disclosure of the economic interests of public officers and employees. These changes eliminated nearly all of the perceived “gaps” between the disclosures required by state law and those required by local ordinance.

There are currently four “gaps” between what Illinois law (both the Governmental Ethics Act and the Election Code) requires officers and employees to disclose and what the City Code requires:

• City officers and employees are required to disclose whether they own or operate businesses within the City;
• City officers and employees are required to disclose outside employment, including employment for which they are not compensated;
• City officers and employees must specifically identify their involvement in “city-funded” organizations; and
• City officers and employees must disclose the receipt of gifts in excess of $150 or loan forgiveness in excess of $100 from entities doing business with the City — though the receipt of either from certain sources became prohibited by law with the passage of the original Gift Ban Act in 1997.

In addition to recent legislation narrowing the “gap” between required disclosures, since the enactment of Ordinance O84-4298, the public’s access to economic interest information has increased significantly. The disclosures that previously required a trip to the county seat and the filling out of paperwork to view are now freely accessible online to members of the public.

Even prior to the General Assembly’s amendment of the Governmental Ethics Act, the Law Department frequently received questions as to the continued need for Aurora to maintain its own disclosure requirement.

In 2023, 154 city officials were required to disclose their economic interests under the Governmental Ethics Act. 94 of the 154 were required to also disclose their economic interests under local ordinance. Only 24 employees were required only to disclose their economic interests under local ordinance by virtue of the inclusion of their job title in the Executive Pay Plan. These positions included training and project managers, management assistants and office coordinators, and other positions that are properly exempt from the hourly requirements of the Federal Labor Standards Act, but do not carry the requisite administrative or decisional authority to fall under the scope of the Governmental Ethics Act’s requirements.

With more than 118 officers and employees presently subject to disclosure under the City Code, the reporting process — though somewhat streamlined through the use of DocuSign — is still manual, cumbersome, and time consuming. Given the broader disclosure obligations under Governmental Ethics Act, changes to the law with respect to the acceptance of gifts by public officials, and the Election Code requiring disclosure of some contributions within 48 hours of receipt, there is a strong argument that the City process is unnecessary and obsolete.

Moreover, from January 1, 2021, to the date of this memo, the City has received a total of eight (8) FOIA requests for its local forms, six (6) of which were made in 2022 ahead of a statewide primary election involving one of the City’s elected officials.

Since August, the Rules, Administration, and Procedures Committee has discussed improving and modernizing the City’s local reporting process. The Ordinance reflects the result of those discussions as well as modernization of the City’s policy with respect to outside employment of City employees.

In lieu of the existing process, the City proposes to include as part of its existing Open Data Portal, a transparency page that will:

1. Provide direct links to the County Clerk’s website where the public may search the statements of economic interest required by the Governmental Ethics Act; and
2. Provide direct links to the governmental website that maintains campaign disclosure reports filed by a candidate political committee on behalf of any City Officer or Employee;

In lieu of an annual local disclosure requirement, persons already required to report under the Governmental Ethics Act would be required to electronically make quarterly disclosures of:

• Any employment other than their official position with the City;
• Whether their outside employer is a contractor or otherwise provides services to the City.
• Whether their outside employer receives any financial assistance from the City
• The existence of a political committee authorized by the officer or employee to accept political contributions on their behalf as a candidate or holder of public office;

The information disclosed by each covered person would be available for review by the public through the Open Data Portal.

With respect to the regulation of outside occupations or employment, at a minimum, all personnel who seek to engage in an outside occupation or employment must notify their department head and human resources director of their intent to work outside of the City. Unless this work interferes with or is otherwise incompatible with their official duties, further permission is not required.

In the case of department heads, assistant department heads, the heads and assistant heads of departmental divisions and subdivisions, and key staff in the mayor’s office and office of the aldermen, the review of proposed outside employment is more extensive. Further, outside employment requires express approval by the mayor, or in the case of an employee in the office of the aldermen, but a person designated by the RAP Committee.

The definition of “outside occupation or employment” is modernized and subject to various exemptions for leadership positions in various professional, charitable, fraternal, political organizations and for military service.

The amendatory language pertaining to outside employment will become effective on January 1, 2024 and the amendatory language pertaining to disclosure obligations will become effective on May 1, 2024 to ensure that City staff has time to build out the systems necessary to implement these changes and to provide training on them.

Approval of this ordinance should significantly reduce time and resources spent administering an obsolete and duplicative local disclosure process while replace it with a modern and far more accessible process.

The City Council gave consent to the following agenda items likely to be placed on the Tuesday, Oct. 10 full City Council agenda:

• Consent was given to a Resolution approving the appointments of Susana Rivera-Mills, Lindsay Cochrane, Andalib Khelghati, Thomas Kim, Rosaisela Sida, and Evan Glazer to the Education Commission.

The nomination brought forth represents six new candidates.

Susana Rivera-Mills is the president of Aurora University.

Lindsay Cochrane is the program director at the Dunham Foundation.

Andalib Khelghati is the superintendent of Oswego School District 308.

Thomas Kim is the superintendent of Batavia School District 101.

Rosaisela Sida is the director of early childhood initiatives at Fox Valley United Way as well as a resident of the 6th ward.

Evan Glazer is the president and CEO of Illinois Mathematics and Science Academy (IMSA).

• Consent was given to a Resolution awarding the design and engineering services for Fire Station #9 and #13 to FGM Architects of Oak Brook, IL and for Station #4 to Cordogan Clark of Aurora, IL.

The purpose of this item is to award contracts for design and engineering services for the upcoming construction of three (3) new fire stations in the City of Aurora.

City government of Aurora documents show in 2021, the Aurora Fire Department (AFD) hired a consultant to conduct a Fire Station Location Analysis to establish optimal locations for the planned additional fire station, and relocation of two (2) stations, required to effectively meet fire and EMS service demand due to the continued growth and development of the city. The study determined it would be in the best interest of the public and the Fire Department to construct a new Station #13 and relocate Stations #9 and #4. This plan was approved by the City Council in 2022.

Following Council approval, a Capital Improvement Plan (CIP) for the relocations and new buildings was submitted and approved. Staff released a Request for Proposals (RFP) on May 15, 2022, for architectural services and began looking for property. The acquisition of property for Station #9 was approved on Tuesday, September 12, 2023 (O23-056).

A team of city staff members with representatives from AFD, Public Facilities, Purchasing and the Mayor’s Office toured fire stations constructed by the various firms that submitted proposals. Following the tours, staff evaluated the different submittals and narrowed it down to two. Additional meetings with the final two firms were held and it was determined it would be in the city’s best interest to utilize two different firms for these three capital improvement projects.

The existing Central Station at 75 N Broadway was built in 1980 when the City had less population, fewer calls for service and the Fire Department had only six stations. Central Station currently houses staff, administration, training, and emergency medical services offices based on its original design. Given the space constraints of the property, there is no desire to reconstruct the current Central Fire at this time. Consequently, several of the administrative and support functions which have outgrown their current space, will be relocating from Central Fire Station to the new Fire Station #4, which will be built east of the Aurora Police Department (APD) on Indian Trail on land already owned by the City this will create a full public safety campus. In addition, the Aurora Emergency Management Agency (AEMA) will be moving from APD headquarters to the new Fire Station #4 next door to free up more office space for APD.

The current Station #4 was built in 1965 and is no longer sufficient to house the increased personnel and equipment necessary to serve the surrounding area, and community. This move will also consolidate the Aurora Fire Prevention Bureau, (currently located in the Development Services Center), the Emergency Management Agency (currently located in the APD), offices for administration (currently all housed at Central Fire) as well as Engine 4 and Medic 4, from the current Station #4 near Garfield Park. The recommendation by staff is to award the engineering and design contract to Cordogan Clark. Cordogan Clark designed the current APD HQ, utilizing the same firm will keep the desired design elements the same for the new Station #4, Fire headquarters, and EMA / EOC.

For the other two stations, staff is recommending the engineering and design contracts be awarded to FGM Architects of Oak Brook, IL for the relocated Station #9 (to Eola Road city owned parcel) and the new Station #13, to be located on a city-owned parcel on the south side of Bilter, east of Nan. FGM has extensive experience building fire stations in a cost effective and design efficient manner.

Completing the design and engineering phase for the new Fire Stations #4, #9, and #13 will allow construction to begin as soon as possible. Funding for these projects is available in account 354-3033-422.72-35 (CIP C012, C013 and C135).

The relocation of the Fire Stations will lower response times for a large area of the city and allow the AFD to continue to grow and respond to increased development within the city.

• Consent was given to a Resolution authorizing the director of the Purchasing Department to purchase an 8-year service agreement from Big Belly Solar, Inc, Needham, MA, for a connected smart waste, solar compacting and recycling platform at Philips Park for a total award of $795,105.76.

The City of Aurora seeks a comprehensive waste management solution that incorporates modern technology to streamline waste collection, monitoring, and removal. City staff plan to deploy “smart” garbage bins at Phillips Park, the Golf Course, and Zoo initially prior to expanding to other areas based upon need and success of the program. If advantageous, the Big Belly “Connect” program is easily scalable to other City parks, downtown, transit centers and other City locations over the next years.

City government of Aurora documents show at this time, Aurora maintains standard waste management infrastructure at Phillips Park. During peak months Phillips Park has 92 customer-facing 50-gallon garbage drums with open-air tops, leaving them exposed to weather and pests.

These are emptied 4 times per week regardless of time of year, event schedules, and nearby activities at substantial cost to the City. Fluctuating customer levels and uneven use of the available garbage bins means that set pick-up schedules are not perfectly responsive to need.

With the smart waste bins and “Connect” software, the units will alert staff when stations are ready for collection. This will not only increase efficiency of garbage collection, but also free up staff hours that can be re-allocated to more vital job functions. The stations are also self-enclosed which will prevent waste overflow, rodent problems, and windblown litter, the stations also feature panels that could be used for advertising of major City events, public service messages or even the potential to generate revenue from advertising (management of advertising is not included in the connect program, so the City would take on the role of advertising if preferred).

The proposed bins and type are: 21 Smart Max double stations, 22 Smart Max/ Smartstations, 9 Smart single stations, 1 Smart double stationBin Capacity (per location), Smart Max = 150 gallons for waste/ recycling, Smart = 50 gallons for waste/recycling.

The City engaged Marketplace.city to perform the RFQ and RFP.

Process Sequence:

• Created Market Landscape with approximately 20 companies.
• Drafted RFQ document based on Aurora Public Facilities needs and industry best practices.
• Based on the market landscape and City Stakeholder review, publicly posted and distributed the Opportunity and Scope Documenthttps://procurement.opengov.com/portal/marketplace-city/projects/37962for vendors to complete in order to be included in the reporting and selection process.
  • RFQ was posted and distributed on 3/3/23 and closed 3/24/23.
• Three responses were completed by the deadline
• Upon review of the submissions, two vendor proposals provide comprehensive waste bin solutions, while the third (Nordsense) provides sensors that are installed inside the existing bins to measure & report their fill levels.
  • At this time, project leaders seek to focus on comprehensive solutions with new integrated bins, which led to demonstrations with Big Belly & Wastequip.
  • After demonstration, Wastequip was asked to provide follow-up documentation on maintenance plans/schedules.
• Project leaders submitted scoring based on submitted proposals, demonstrations, and follow-up documentation.
• Big Belly was selected as the winning bid based upon the scores submitted by City staff.
• Despite both Big Belly & Wastequip indicating in their proposals that they could provide a public outdoor Wi-Fi network to Phillips Park, further discussion indicated this was outdated or required 3rd-party tools. Big Belly retired this product line after years of poor results

A decision package was approved for this service, funding is budgeted in account 340-4440-451.39-50 for this purchase.

By deploying Bigbelly units, the city of Aurora plans to move forward with smart city technology that supports sustainability and efficient government operations; offer connected hardware that will notify city staff when fill levels are reached so they can be emptied on demand, will provide tracking and trending data to city staff, and will provide a safer, cleaner, healthier service to residents.

• Consent was given to a Resolution authorizing a Limited Operator Agreement with Freedom Flying Club, Inc. at the Aurora Municipal Airport for a period of One Year.).

The purpose is to obtain City Council approval of a limited operator agreement between the City of Aurora and Freedom Flying Club, Inc.

City government of Aurora documents show Jack Maechtle, former flight instructor for Simply Fly flight school located at the Aurora Municipal Airport contacted the airport office to let us know that Simply Fly is relocating its operation to Texas. Jack also said that he was going to continue running the flight school at Aurora under the Freedom Flying Club name. It is important to know that both Simply Fly and Freedom Flying Club offer Sport Pilot training in Light Sport airplanes. Further, the holder of a Light Sport Pilot Certificate only allows that pilot to operate Light Sport aircraft.

Jack will operate out of the same facility that Simply Fly did located at 43W624 U.S. Route 30, Suite A, Sugar Grove IL 60554. This is space owned by REVV Aviation.

This operator agreement is for a term of one year and allows for four successive one-year extensions under the same terms. The agreement guarantees a minimum rent amount of three hundred dollars ($300) per month or three thousand six hundred dollars ($3,600) per year.

The approval of this operating agreement should not have any negative impacts to the city of Aurora or any existing tenants at the Aurora Municipal Airport as this business will backfill the vacancy created by Simply Fly’s move to Texas.

The approval of this operator agreement will be beneficial to the City of Aurora by allowing the City to collect rent from this business. The approval of this agreement will allow the Aurora Municipal Airport to continue to provide light sport aviation flight training.

• Consent was given to a Resolution establishing the maximum number of Class C: Specialty On-Site Consumption liquor licenses (unofficially related to the application from Foreign Exchange Brewing, Inc. at 110 Cross St, Aurora). [Ward 4]

The purpose is to maintain the number of Class C: Specialty On-Site Consumption liquor licenses. Foreign Exchange Brewing, Inc., d/b/a Foreign Exchange Brewing Company, is opening a new Brewery/Taproom at 110 Cross St in Aurora and was previously approved for a City of Aurora liquor license pursuant to R21-329 on November 23, 2021. Due to unforeseen delays in construction, the liquor license has not been issued by the city. The ownership of the company has subsequently been expanded and ownership has changed more than 50% since the initial license approval, therefore, the City Council must approve this ownership change prior to the issuance of the liquor license.

City government of Aurora documents show this request is presented in accordance with the 2011 amendment to the City’s Liquor Ordinance, specifically Section 6-9(a), which charges the City Council with the authority to determine the number of licenses available in each classification.

Foreign Exchange Brewing, Inc. d/b/a Foreign Exchange Brewing Company, is opening a new Brewery/Taproom at 110 Cross St in Aurora. A liquor license was approved in 2021 for a brewery/taproom liquor license to enable them to manufacture beer and sell their beer for consumption on-site and off-site. The ownership of the company has changed and City Council approval is required to amend the ownership prior to the issuance of the liquor license.

If approved, this resolution will maintain the number of allowable liquor licenses to allow for the issuance of the license by the Liquor Commissioner. City staff have been working with the business owners to ensure that all requirements for a liquor license, as set forth in Chapter 6 of the City’s Code of Ordinances, are met.

The proposed resolution presents an opportunity to further the City of Aurora’s economic development and to bring additional business and people to the City of Aurora.

• Consent was given to an Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map to rezone the property at 55 Jackson Street from B-2 Business District – General Retail to R-4 Two Family Dwelling District.

The Petitioner, My Three Colors Construction is requesting to rezone the property at 55 Jackson Street from B-2 Business District – General Retail to R-4 Two Family Dwelling District

City government of Aurora documents show the Property is currently zoned B-2 Business District, General Retail. The property is currently built as a two-unit dwelling.

The Petitioner is requesting to rezone from B-2 Business District – General Retail to R-4 Two Family Dwelling District. The property suffered a fire in November 2021, damaging the structure by over 50% of its replacement value. As this is a legally nonconforming use, the two-unit use would typically not be allowed to be rebuilt. A rezone to R-4 Two Family Dwelling District would permit the use by right.

Concurrently with this proposal, the Petitioner is requesting approval of a Major Variance to decrease the required setbacks for the primary structure. The petitioner is looking to decrease the side setback requirement from eight feet to five feet. An addition is being planned for the rear of the home as a part of the rebuilding taking place. The proposed addition would allow for better access to the apartments, along with reworks to the existing floorplans. The home existing home does not run perfectly parallel to the lot, and therefore will need a variance to be expanded any further.

Staff has reviewed the Rezoning Ordinance petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.

Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on this petition.

Staff would like to briefly discuss the findings of fact as is required for rezoning petitions:

1. The proposal is in accordance with all applicable official physical development policies and other related official plans and policies of the City of Aurora, with the exception of the items being varied in the Major Variance.
2. The proposal represents the logical establishment and/or consistent extension of the requested classification in consideration of the existing land uses, existing zoning classifications, and essential character of the general area of the property in question. The neighborhood is zoned a combination of R-2, R-3, and R-4.
3. The proposal is consistent with a desirable trend of development in the general area of the property in question, occurring since the property in question was placed in its present zoning classification, desirability being defined as the trend’s consistency with applicable official physical development policies and other related official plans and policies of the City of Aurora.
4. The rezoning will allow uses which are more suitable than uses permitted under the existing zoning classification. The property has operated as a two unit building for some time and this zoning designation will be more appropriate for that use.
5. The rezoning is a consistent extension of the existing land uses, existing zoning classifications, and essential character of the general area. The neighborhood is zoned a combination of R-2, R-3, and R-4.

Policies and guidelines:

The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:

12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.

12.1 (5) To encourage a graduation from high density residential areas to low density residential areas.

12.1 (6) To promote the buffering of low-density residential areas from high intensity uses with higher density residential when appropriate.

Recommendations:

The Planning & Zoning Commission recommended approval of the Ordinance amending Chapter 49 of the Code of Ordinances, City of Aurora, by modifying the zoning map to rezone the property located at 55 Jackson Street from B-2 Business District – General Retail to R-4 Two Family Dwelling District.

• Consent was given to a Resolution authorizing the director of the Purchasing Department to purchase an Indoor Mapping Solution and associated work from Motivf Corporation, Alexandria, VA for a total award of $161,101.00 with a 10% contingency.

The City of Aurora seeks to build a virtual representation of City buildings (“Digital Twin”) through accurate mapping and modeling of the buildings and assets contained within the buildings.

City government of Aurora documents show the City’s building infrastructure is no longer well-represented by original blueprints. City Hall, for example, has had multiple additions made over the last 70+ years, and there is no cohesive, accurate map of the building as it stands today. Additionally, across City buildings, there are numerous instances of walls removed or installed, doors added or removed, among other alterations that were not documented in formal architectural drawings. City staff seeks to create updated floorplans buildings and begin to catalog the assets contained within the buildings.

The City of Aurora is looking to enhance its mapping capabilities and increase its asset catalog by mapping out the layout and assets contained within buildings throughout the city. The Indoor Mapping Solution will allow the City to capture, store, and maintain data associated with buildings and assets in one central system for use by multiple City departments. Indoor mapping was one of the main needs identified in the Geospatial Strategy for the City.

A Geospatial Strategy is a business-oriented plan that defines how an organization will use GIS to achieve its goals and desired outcomes. The plan includes considerations of people, process, and technology needed to meet goals and overcome challenges.

City staff engaged Marketplace.city to perform the RFQ/RFP process. The process sequence is below.

Process Sequence:

— Created Market Landscape with 10+ potential companies.

— Drafted RFQ document based on the needs of the Information Technology, Public Facilities, and Aurora Police Departments.

— Based on the market landscape and City Stakeholder review, publicly posted and distributed the Opportunity and Scope Document for vendors to complete in order to be included in the reporting and selection process.

— RFP was posted and distributed on 11/18/22 and closed 12/13/22.

— There were 8 responses completed by the deadline

— Project leaders selected a subset of 5 vendors to review a demonstration of their solution. Four responded to be included in these meetings.

— Post-demonstrations, these four vendors were sent follow-up questions on their scanning methodology, the level of detail provided with their mapping systems, and how they can integrate Genetec Security Camera assets into their Digital Twins

— Lastly, the four vendors received customized pricing templates to complete and return to. These documents provided a direct apples-to-apples comparison of the many options provided by these firms

— Project stakeholders submitted final scoring based on the cumulation of this data on 6/27/23.

Decision Factors

— Full Indoor Mapping Capabilities: This partnership will provide a streamlined path to modernizing Aurora’s municipal building inventory and management. Motivf provides prompt imaging services and will return flexible, high-quality Digital Twin products back to City stakeholders.

— Public Sector Experience: Motivf has conducted imaging work for a broad list of federal, military, and municipal clients, such as the City of Dublin, Ohio, and Roanoke, Virginia.

— Asset Linkage: Genetec security camera integration is a critical component of this project, and Motivf offers an effective, low-cost means of folding these pre-existing assets into their deliverables, boosting their value and usefulness to the City.

— Project Phasing: Motivf has shown flexibility to engage in a phased rollout of City imaging – starting with the 28 High Priority properties in Phase 1, while locking in an ongoing cost-per-square-foot as it applies to future inventory. It is anticipated that the data capture and 25% of the creation of the Digital Twin will be completed in 2023, with the remaining 75% of Digital Twin creation occurring in 2024.

— Pricing: Beyond providing the most competitive cost-per-square-foot and Phase 1 total as compared to the three other finalists, Motivf deliverables can be viewed, stored, and manipulated within existing Aurora software, such as ESRI. Other solutions required separate proprietary software licenses, inflating cost.

A budget transfer will be required to be completed to account # 101-1284-419-38.11 to fund this purchase.

The Motivf Corporation Indoor Mapping Solution and associated work will allow the City of Aurora to efficiently collect updated facility and asset information for buildings. This solution will enhance work efficiency, increase situational awareness, and provide asset management for multiple city departments, including Aurora Fire Department, Aurora Police Department as well as Public Facilities.

• Consent was given to a Resolution updating all fees pertaining to Chapter 46 of the City of Aurora Code of Ordinances Entitled “Towing Services”.

A Resolution amending R20-272, regarding maximum tow and storage charges for the City of Aurora.

City government of Aurora documents show Chapter 46 of the City of Aurora Code of Ordinances calls for the City to maintain a “Tow Roster” (Sec. 46.4) of firms who have been selected and designated to provide services for the Aurora Police Department. Firms are required to apply and meet specific requirements in order to work with the city. The city in turn is responsible for setting and maintaining the fees firms are allowed to charge for services.

In early 2019, the City of Aurora passed Resolution R19-008, amending the maximum fees which may be charged by any tow company permitted to tow for the City of Aurora. Prior to that, the last time the fees were amended was in 2008 (R08-250) in spite of the Resolution calling for a review and adjustment as needed every two years. The fees implemented in 2019 were not increased in 2021, this item does propose some changes over the next two-year period.

• Consent was given to a Resolution ratifying payment to the Aurora Area Convention and Visitors Bureau in the amount of $175,000 from the Hotel Operators’ Occupation Tax for the 2023 year.

The purpose is to obtain City Council approval for payments made to the Aurora Area Convention and Visitors Bureau (AACVB) for the 2023 year.

City government of Aurora documents show in 1987, the City government entered into an intergovernmental agreement (IGA) with the Villages of North Aurora, Sugar Grove and Montgomery concerning the imposition of a hotel/motel tax and the use of the proceeds of that tax to promote tourism in the greater Aurora area (Resolution No. R87-3668). Originally, the communities agreed to impose a 3% hotel/motel tax and give 80% of the proceeds to the Aurora Area Convention and Tourism Council (now named the Aurora Area Convention and Visitors Bureau [AACVB]).

The agreement underwent significant changes in 2015, including shorter renewal terms, from five years to two years. For the 2020 agreement year (put forward to for approval in December of 2019), the City opted to move to a three-year term cycle. The agreement expired on December 31, 2022; however, 2023 payments were expended pending further discussions on a new agreement.

Since the execution of the original agreement, it has been amended and its term has been extended several times. Over the course of the extensions, the number of participating municipalities has increased and the amount of hotel/motel tax proceeds conveyed to the AACVB increased from 80% to 90% of total collections.

Staff met with Cort Carlson, Executive Director of the AACVB and the Board Chair, Alderman Bill Donnell in September of 2023. This specific item is requesting a ratification for payments made, and the city will work closely with the AACVB to update the agreement and bring forward for approval in December of 2023 for a yet to be determined new term.

Ratification of payments to AACVB will compensate them for their services and resources to the City and participating area municipalities while the City and AACVB finalize a new IGA to be brought forward for council approval.

• Consent was given to a Resolution authorizing the City Treasurer to accept on behalf of the City a donation in the amount of $40,000 from the Huntington Foundation for the Financial Empowerment Center.

The purpose is to obtain the City Council’s approval to accept a grant from The Huntington Foundation in the amount of $40,000 to assist with operational costs for the Aurora Financial Empowerment Center (FEC).

City government of Aurora documents show in 2019, the City of Aurora applied for grant funds to launch the Aurora Financial Empowerment Center, a part of a growing network of FEC’s embedded in local governments across the country, committed to providing free, one-to-one financial counseling, delivered by professionally trained counselors, to low-and-moderate income residents. The Aurora FEC has been successful in its first three years. Therefore, the City of Aurora has maintained a contract with The Neighbor Project, with an annual extension through 2024, to continue to provide financial counseling to the community to improve the quality of life of Aurora area residents.

The contractual services and other direct costs for The Financial Empowerment Center are funded through grants, sponsors and fundraising. The contractual service amount for 2023, paid to The Neighbor Project, providing Aurora FEC services, is $383,000. The Huntington Foundation expresses its willingness to financially support the vision and efforts of the Aurora Financial Empowerment Center by contributing to its operational costs.

The successes and sustainability of the FEC have led to the City of Aurora approving a contract with The Neighbor Project to continue providing financial counseling services and programming. Aurora FEC counselors have steadily increased their caseloads and outcomes, providing counseling services to low- and moderate-income residents, and referring clients to partner agency services.

There is a growing need for financial counseling services, especially for residents in that need to secure permanent housing, pay for increased household costs, secure their children’s college savings, and to improve their financial stability. Aurora FEC has expanded its services to include an additional counselor and a part-time administrative assistant through The Neighbor Project, while also providing additional financial programming to engage families in college savings.

Revenue Account number 101-1301-337-30-04

Expenses are budgeted for these services in account 101-1304-419.32-20 in the amount of $200,000 for 2023. In addition, $55,000 in Community Development Block Grant funds has been allocated in 2023 and the fiscal agent is holding approximately $100,000 in the event there are additional 2023 expenses.

The proposed resolution presents an opportunity to continue funding the successful operation of the Financial Empowerment Center. The operational costs will include the contractual amount between the City of Aurora and The Neighbor Project.

• Consent was given to a Resolution Establishing a Fee Schedule for Peddler and Solicitor Permits, Related to Chapter 32, “Peddlers and Solicitors” of the Code of Ordinances.

The purpose is to implement and maintain peddler and solicitor fee provisions by separate resolution.

Peddlers and solicitors permit fee schedule (as of October 2023)

Peddler/Solicitor $100 per month (non-refundable)

Badge Replacement $10.00 per Peddler/Solicitor

Charitable Solicitations Campaign No Fee

City government of Aurora documents show historically, fees for peddler and solicitor permits have been set by ordinance. When fees are set by ordinance, subsequent changes to the fee schedule require the passage of a new ordinance and updating of the online code of ordinances. Other fees in the city are also set by resolution, such as this proposal for peddler and solicitor permit fees.

Currently, if fees are modified, the ordinance must be updated, and the online code of ordinances must be changed to reflect the fee amendments. Setting fees via separate resolution is more efficient than amending the ordinance and changing the online code of ordinances.

This amendment will streamline the process of setting fees for peddler and solicitor permit applications and make progress toward a consistent citywide process for license and permit fees.

• Consent was given to a Resolution authorizing the Director of Purchasing to purchase a 3-year subscription for an automated integration of services to SoundThinking, Fremont, CA and Intergraph Corporation, Madison, AL for a total award of $60,816.95.

ShotSpotter, by SoundThinking, is a gunshot detection, alert, and analysis service that is used for timely notification to law enforcement that had been utilized by the Aurora Police Department (APD) since 2022. The APD now desires to integrate the signaling from the ShotSpotter devices with the Computer Aided Dispatch (CAD) solution provided by Intergraph (“Hexagon”).

City government of Aurora documents show ShotSpotter solution was deployed in 2022 and although successful, requires an eyes-on view by the Dispatchers at the Public Safety Answering Point (PSAP). In its current configuration, ShotSpotter provides an alert to a Dispatcher, who must manually enter location data into the Hexagon solution and then dispatch officers accordingly.

At times, a ShotSpotter alert may be accompanied by multiple calls from citizens reporting gunshots in the area, calls to assist a gunshot victim, or other unrelated calls for service which also divide the Dispatcher’s attention and creating a lag between the receipt of ShotSpotter detection data and timely dispatch of officers to the reported area.

This proposed integration will allow data to be passed automatically from ShotSpotter to Hexagon directly and without the need for Dispatcher intervention, thereby increasing accuracy of information and decreasing response time of responding officers.

Quotes were negotiated from both Intergraph and SoundThinking for this integration. Intergraph’s one-time setup fees were negotiated to a fifty percent discount to $24,144.95, with a recurring annual fee of $2,724.00.

The SoundThinking annual fee was negotiated to $9,500.00 for accessing the ShotSpotter data.

This purchase will be made using existing ETSB funds and a budget amendment will be submitted for account # 101-1280-419.38-11.

By deploying this interface, the Aurora Police Department may provide more accurate and timely response to reported gunfire within the city. By extension, our emergency responders will be better able to provide emergency care to potential gunshot victims, provide more accurate and immediate crime scene safety, and have a greater ability to halt crimes in progress through a more efficient and accurate detection-to-dispatch process.

• Consent was given to a Resolution authorizing the Director of Purchasing to execute a contract supplement with Fehr Graham & Associates, LLC of Freeport, IL in the amount of $22,000.00 for CSO Monitoring and DMR Preparation.

The purpose is to continue the City’s professional services agreement with Fehr Graham for the remainder of 2023 to provide Combined Sewer Overflow (CSO) structure monitoring and Discharge Monitoring Reports (DMR).

City government of Aurora documents show as part of the Clean Water Act, the Environmental Protection Agency created the National Pollutant Discharge Elimination System which resulted in several permits for the City of Aurora. As part of one of these permits, the City was required to create a Long-Term Control Plan (LTCP) to reduce pollutants entering the Fox River and Indian Creek from their combined sewer systems. Monthly Discharge Monitoring Reports for each Combined Sewer Overflow structure are required to be submitted to the IEPA and USEPA as part of the City’s permit.

Flow meters have been strategically placed at each of the City’s 16 CSO’s to capture the required data needed to create the monthly DMR’s. Twice a month, Fehr Graham retrieves flow meter data from each structure and also provides meter maintenance including cleaning the sensors and replacing the batteries. Fehr Graham uses the data collected from the flow meters to calculate volume of discharge and duration of flows.

In addition, Fehr Graham collects rainfall data at their Aurora office rain gauge which is used in the DMR report.

The parameters of rainfall totals, rainfall duration, overflow duration and overflow volume are used to create the required monthly DMRs.

This project will be completed by the end of December 2023. The total project amount of $71,900 is budgeted for in 2023 within account 510-4063-511-73-13.

Minimal traffic disruptions are expected during data retrieval. Impacts to traffic and local residents will be kept to a minimum.

• Consent was given to a Resolution to award the Frontenac and Gregory 54” RCP Storm Sewer Extension project located in Ward 10 to Stokes Excavating Inc. in the bid amount of one hundred seventy-one thousand five hundred fifty-five Dollars and zero Cents ($171,555.00).

The purpose is to improve drainage and sidewalk issues south of the N Gregory St and Frontenac St intersection to Spring Lake.

City government of Aurora documents show the closures of entrances to the businesses and residents will be kept to a minimum during construction. The existing pipe and flared end discharge just south of the intersection and there is roughly 300 feet of open winding ditch before reaching spring lake. There is sidewalk along this ditch that has heaved or settled in various locations creating trip hazards and a pedestrian bridge crossing the swale that has failed. It is proposed to extend the storm sewer and install at grade sidewalk crossing above the pipe to eliminate the need to install a new pedestrian bridge. The project will also address erosion issues in the existing swale. This area is part of a stormwater management easement that is the City’s responsibility to maintain.

Ten bids were received, opened, and read aloud on September 13, 2023. The lowest responsible bid in the amount of $171,555.00 was submitted by Stokes Excavating Inc. The drainage improvements will be funded with account 280-1852-512-8123 (B037) which has a 2023 budget amount of $1,085,000.

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

There will be lane closures on each of these local roads during the duration of the project. Impacts to traffic and residents will be kept to a minimum.

• Consent was given to a Resolution authorizing the Director of Purchasing to execute a contract with Nedrow Painting, Aurora, Ill. in the amount of $107,250 to perform maintenance on the pedestrian bridge near RiverEdge Park in Ward 1.

The purpose is to remove the existing anti-graffiti coating from the bridge and replace it with two coats of an opaque concrete stain, providing for a more uniform appearance.

City government of Aurora documents show upon initial construction, a protective anti-graffiti coating was applied to the main structural beam down the center of the pedestrian bridge. While it has made the removal of graffiti much easier for staff, this spring it began to delaminate from the bridge. Staff is proposing the complete removal of the anti-graffiti coating and applying an opaque stain to the bridge to provide a uniform color. There is no remaining warranty on the delaminating anti-graffiti coating. In the future, if there is any graffiti that cannot be fully removed, sections of the bridge can be repainted by staff.

This project was bid publicly, with two qualified firms submitting bids on September 13, 2023. We recommend awarding to the he low bidder, Nedrow Painting out of Aurora in the amount of $107,250. Nedrow has completed many other successful projects throughout the city. Funding is available in account 340-4060-431.73-80 (G016).

The bridge will be closed daily for approximately two weeks to allow for this work to be completed. It is anticipated that all of the work will be completed prior to the commencement of the Christkindlmarket at RiverEdge Park this winter.

• Final approval for items on the Committee of the Whole consent agenda are set to be made at the October 10 Aurora City Council meeting.
• Placed on unfinished business is a Resolution authorizing the City to accept a grant award of $10,000 from The Hartford, to support fire safety education efforts and programming. Alderman Brandon Tolliver recused himself because he is employed by The Hartford.

The purpose is to obtain City Council approval of a grant to be used to support fire safety education efforts and programming, in an effort to reduce home fire risks.

The City and the Aurora Fire Department continually strive to educate the public and improve fire safety awareness, in an effort to minimize the risks of fire incidents within the community.

City government of Aurora documents show the grant will provide $10,000 of funding with no additional costs to the City. The parameters of this grant can be customized to Fire Prevention Bureau’s individual needs, and may include, but are not limited to, fire safety awareness and education within the community and local schools.

Grant use is expected to start immediately and must be used within one year of the dated letter.

No additional funds are needed.

This resolution must be approved and signed to properly execute the agreement and to begin implementing the project.

• Placed on unfinished business is an Ordinance granting a conditional use permit for a vehicle repair, minor use on the property at 1995 Melissa Lane. In addition to the Ordinance, consent was given to a Resolution approving a Final Plan on Lot 8 of Podolsky Orchard 88, Phase 1 Subdivision, at 1995 Melissa Lane, for business and professional office use, vehicle repair, minor use, and a warehouse, distribution and storage services use.

The Petitioner is requesting approval of a conditional use for a vehicle repair, minor use on Lot 8 of Podolsky Orchard 88, Phase I, Subdivision, at 1995 Melissa Lane, which includes development of the Property for a trucking facility, which includes light fleet maintenance services on company trucks.

City government of Aurora documents show the Property is zoned ORI, Office, Research, Light Industrial. The Comprehensive Plan designates the Property as Office / Research / Light Industrial, and designates Melissa Lane as a Local Street. The Property is an approximately three-acre vacant lot that fronts on Melissa Lane, with rear frontage on the I-88 Toll Road.

The Petitioner, Omega, LLC, is requesting approval of a Conditional Use for Vehicle Repair, Minor use. The details of the request include dedicating approximately 8,000 square feet of space for light vehicle maintenance, which typically includes services such as oil changes, tire rotations, tire replacements, and windshield wiper replacements. The vehicle repair use will otherwise comply with the standards of the ORI zoning district.

Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for a Business and Professional Office use, Vehicle Repair, Minor use, and a Warehouse, Distribution and Storage Services use. The details of the request include construction of an approximately 14,200 square foot building, which will include a total of six bay doors: four for the vehicle repair services, and two for the warehouse services. The Final Plan shows a total of 25 parking passenger vehicle parking spaces, which is the minimum requirement per the Zoning Ordinance for the entire proposed use. There are 36 parking spaces on the Final Plan for trailer parking stalls, and five spaces for bob-tail semis. The building itself is approximately 29 feet tall, and consists of a CMU block masonry design on the warehouse and vehicle repair portions of the building, and a framed aluminum composite material on the office portion of the building.

Staff have reviewed the Conditional Use petition and have sent comments back to the Petitioner on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.

Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received comments from a representative from the Owner’s Association regarding their separate review of the proposal via their private covenant and restrictions.

Findings of fact:

1) Will the establishment, maintenance or operation of the conditional use be unreasonably detrimental to or endanger the public health, safety, morals, comfort of general welfare?

Staff members do not believe that the Conditional Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort of general welfare.

2) Will the conditional use be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood; factors including but not limited to lighting, signage and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility and building orientation?

Staff does not believe that the Conditional Use will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood. The surrounding area is already developed and planned for industrial use.

3) Will the establishment of the conditional use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district?

Staff feels that the establishment of the Conditional Use will impede the orderly development and improvement of surrounding property for uses permitted in the district.

4) Will the proposal provide for adequate facilities, access roads, drainage, and/or other necessary facilities as part of the conditional use?

Staff feels that because the subdivision is already built out, the adequate facilities are already in place for this Conditional Use.

5) Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets?

Staff feels that the Petitioner’s proposal takes adequate measures to provide ingress and egress so designed to minimize traffic congestion in the public streets. As noted in the Petitioner’s Qualifying Statement, the Qualifying Statement also clarifies that the trucks will only travel to and from the subdivision via Deerpath Rd to the northeast, connecting from there to the I-88 Toll Road via N Orchard Rd in North Aurora. This route of travel is crucial, as the trucks will avoid traveling through the areas to the east that are built or planned for residential or commercial uses.

6) Does the conditional use 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 believes that the Conditional Use, in all other respects, conforms to the applicable regulations of the ORI zoning district in which it is located. The Petitioner is not requesting any additional Zoning changes.

Policies and guidelines:

The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:

13.1 (5): To develop major retail, office and industrial uses that rely on efficient access to expressways in the vicinity of expressway interchanges.

41.1 (1): To attract and encourage industrial, office, and office-research development to planned sites where requisite public facilities are either present or proposed.

41.1 (8): To promote a quality environment through the enforcement of industrial performance standards.

Recommendations:

The Planning & Zoning Commission recommended conditional approval of the ordinance granting a Conditional Use permit for a Vehicle Repair, Minor (2834) use on the property located at 1995 Melissa Lane, with the following conditions:

1) That, prior to final occupancy being issued, Final Engineering be fully approved.

• Placed on unfinished business is an Ordinance calling for a Public Hearing and a Joint Review Board Meeting to Consider the Amendment of a Redevelopment Project Area and the Approval of an Amended Redevelopment Plan and Project for the City of Aurora West Farnsworth Tax Increment Financing District No. 7. • Placed in unfinished business was an Ordinance Calling for a Public Hearing and a Joint Review Board Meeting Relative to the New City of Aurora Farnsworth Bilter Tax Increment Financing District Eligibility Study and Report, and the Redevelopment Plan and Project.

The Ordinance sets dates for a Joint Review Board meeting and a public hearing and calls for the notices to be given in connection with the meeting and public.

City government of Aurora documents show on October 25, 2022, with ordinance O2022-072, Council approved a redevelopment agreement between the City of Aurora and PENN Entertainment for the Hollywood Casino development in the City of Aurora.

As part of the approved RDA, the City committed to evaluating the creation of a new 23-year TIF District to facilitate the redevelopment plan.

The Ordinance would start the process of creating a TIF District for the proposed Farnsworth Bilter area that includes a future entertainment development, the Hollywood Casino

To establish a TIF district (“Redevelopment Project Area” or “RPA), Illinois municipalities must adopt several documents including a Redevelopment Plan and an Eligibility Report.

The creation of a TIF district requires several steps. The City’s Corporation Counsel has engaged Elrod Friedman to serve as the City’s Special Counsel to support this TIF formation process. The Redevelopment Agreement calls for the City to provide financial incentives to the redevelopment project paid out of the creation of a new TIF District. It is anticipated that the TIF District will be created in January 2024.

Approving this ordinance is required as part of the formal approval process of the proposed Farnsworth Bilter TIF.

• Sent back to the Rules, Administration and Procedures (RAP) Committee is an Ordinance amending Chapter 13 of the Code of Ordinances pertaining to the licensure of retailers authorized to sell all tobacco, nicotine, alternative nicotine products or vape products.

City government of Aurora documents show City officials are requesting approval of amendments to Chapter 13 Tobacco and Related Products specifically, Chapter 13-1 Definitions and Chapter 13-9 Licenses and Endorsements to prohibit the sale, delivery or distribution of any product which contains Tetrahydrocannibinol (THC) or any synthetic cannabinoid.

While the State of Illinois has established strict guidelines, standards and regulations for most products which contain THC, products such as cookies, gummies, and vape cannabis products that contain certain quantities of THC or synthetic cannabinoids can be sold by non-regulated facilities and businesses. Furthermore, THC products sold have not been evaluated or approved by Food and Drug Administration (FDA) for safe use and may be marketed in ways that put the public health at risk.

2018 Farm Bill legislation legalized hemp, which is defined as a cannabis plant that contains 0.3 percent delta 9 THC or less. However, the bill does not address delta 8-THC levels. This omission makes it legal for vendors to sell the compound with no oversight and unregulated at federal level. In recent months, multiple states and municipalities have enacted legislation prohibiting the sale of delta 8 products due to lack of research into the compound’s psychoactive effects. The City of Aurora has been approached by businesses seeking building permits for the sale of such THC products. Aurora Police Department’s officers have also located similar THC products including cookies, bars, gummies and other edible products sold at tobacco shops, vape shops and gas stations in the City.

Prohibition of products that contain THC or other synthetic cannabinoids will protect the community from products that are not regulated or tested by any federal or state agency. Currently, the products may be produced and distributed from out of state facilities with no way for the consumer to be certain that the compounds used to prepare the final product sold is safe. In 2021, the National Institute of Health and Center for Disease Control (CDC) issued a CDH Health Advisory opinion that warned health care professionals, first responders, poison control centers and the public as to the potential adverse effects of products containing THC including lethargy, difficulty breathing, increased heart rate and coma. The CDC noted that the health effects of delta-8 THC have not been researched extensively. In addition, the packaging of these products may cause consumer confusion. There are no required warnings or labels to clearly indicate to the consumer what is contained in the product other than it contains .03 percent delta 8.

Amending Chapter 13 will prohibit the sale, distribution and possession of THC or synthetic cannabinoid product in establishments that are licensed to sell tobacco, nicotine, alternative nicotine products or vapor products. This prohibition will protect the community at least until there are state and/or federal standards and regulations in place to ensure that the products are safe. Furthermore, it will protect the community, especially minors, from accidentally ingesting such products. Not only is the product accessible to minors, at gas stations, but since there is no limit on how much can be sold, there is no limit on the amount that may consumed which could lead to serious health risks.