Aurora Council considers permit for cannabis dispensary

By Jason Crane

At the Aurora city government Committee of the Whole (COW) meeting Tuesday, March 15, Council members gave consent to an Ordinance granting a conditional use permit for a cannabis dispensing facility on the property at 35 N. Broadway, which is the PME School of Cake Decorating & Confectionary Art.

City government of Aurora documents show the Petitioner, WAH Group, LLC D/B/A Leafing Life Dispensary, is requesting approval of a conditional use for a cannabis-dispensing facility use at the property in Ward 2 in the downtown.

On June 25, 2019, the Cannabis Regulation and Tax Act (P.A.101-0027), was signed into law by the State of Illinois, effective January 1, 2020. The Act legalizes the purchase, possession, and private use of cannabis by adults 21 years of age or older for recreational use. The majority of the law pertains to the sales, processing, distribution, taxes, and eligible users of cannabis.

In April 2020, a special use, now referred to as conditional use, was approved on this property for a cannabis-dispensing facility. There were two extensions approved in late 2020 and early 2021, granting additional time for compliance of the conditional use for a cannabis dispensing facility due to the COVID-19 pandemic which suspended the cannabis-dispensing licensing. The previous petitioner failed to receive a license and did not request a third extension in time, therefore, the conditional use was terminated as of October 28, 2021.

The proposal by the Petitioner includes leasing the first-floor commercial space in the existing two-story building to operate a cannabis dispensing facility. The facility is approximately 3,570 square feet.

The second-floor unit, rented by an insurance agency, will remain for now. The Petitioner has an option to purchase the entire building. If this purchase occurs, the Petitioner is planning to expand the corporate office into the second-floor unit. There are several public/private parking lots within walking distance of the proposed location, including directly behind the building.

• There weren’t any individuals seeking to use their voices for up to three minutes each.

The City Council gave consent to the following agenda items likely to be placed on the full City Council agenda Tuesday, March 22:

• Consent was given to a Resolution approving the appointment of members to the city of Aurora government Tree Board. The individuals are: Alex Voigt, Nick Day, Bill Chinetti, Bill Donnell, Rachel White, Gio Santana, Ed Sieben, Ian Wade, Adrian Perez.

City government of Aurora documents show in June 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 all veteran members. Prior to the change to Chapter 2, only the resident members of the boards were submitted for appointment and approval by the City Council. This Resolution represents all members of the board, city staff members, and two residential members, one from the West Side of Aurora (Nick Day, Ward 5) and the East Side (Bill Chinetti, Ward 8).

• Consent was given to a Resolution approving the appointment of Nancy Martinez to the Planning and Zoning Commission.

City government of Aurora documents show the nomination brought forth represents a new candidate, Nancy Martinez who resides in the 1st Ward. Ms Martinez will bring the number of Kane residents east of the Fox River on the Commission to three. Four is the maximum allowed by code. If Ms. Martinez’s appointment is approved, there will be no remaining vacancies on the commission.

• Consent was given to a Resolution approving a new lease with The Riverfront Playhouse for the space at 13 S. Water Street, Aurora, for a term of three years.

The Riverfront Playhouse occupies 13 S. Water Street, which is the property known as “the Vargas Building.” The Riverfront Playhouse uses the space for the operation of an independent theater. However, the current lease is expired, and with the approval of the new lease, the term will run three years and expire February 28, 2025 with options to renew for additional one-year terms.

City government of Aurora documents show the City’s lease with The Riverfront Playhouse is expired. In order to bring the lease current, City staff members recommend the approval of this lease.

The new lease is for a three-year term, expiring February 28, 2025. At that time, the parties have the ability to agree to renew the lease for additional one-year terms. The new lease does not change the monthly rent amount that The Riverfront Playhouse has been paying to date: $400.00 per month. The lease clarifies maintenance responsibilities between the parties, and sets forth a process for The Riverfront Playhouse to contact City staff members for maintenance concerns or emergency issues. Additionally, the lease specifies when and how the city government may enter the premises and what notice is required. In general, the remaining provisions of the lease are standard terms that the city government includes in its leases, and The Riverfront Playhouse was agreeable to these terms.

Approval of this lease will bring the lease current between the parties so expired documents are not being used. The new lease clarifies certain topics such as maintenance and notice provisions, while leaving the rent amount unchanged.

• Consent was given to a Resolution authorizing execution of a labor agreement between the city government of Aurora and the Aurora Supervisors Association (ASA) from January 1, 2022 through December 31, 2025.

City government of Aurora documents show the Aurora Supervisors Association (ASA) contract expired December 31, 2020. A one-year wage bridge agreement was negotiated for 2021 at 2%. Negotiations began August 31, 2021 between the City of Aurora and the Aurora Supervisors Association (ASA). The Union ratified the contract March 7, 2022.

Highlights for this agreement include wages at 2.75% for year 2022, 3.25% for 2023, 3.5% for 2024 and 3.5% for 2025. The ASA was the first group to agree to 20% of the prevailing premium for health insurance.

• Consent was given to a Resolution authorizing an amendment to the current agreement with Vision M.A.I., LLC for the governmental affairs consulting services of Bukola Bello.

The amendment of the 2022 agreement with Vision M.A.I. (Bukola Bello) for Lobbying Services on behalf of the City of Aurora.

City government of Aurora documents show the City Council approved the 2022 Agreement for Vision M.A.I. in December 2021. This item represents an amendment to the terms of the agreement to reflect a change in the scope of work.

The agreement reflects a change to the monthly rate, moving from $3,000 to $6,150/month.

• Consent was given to a Resolution establishing 2022 golf rates at Phillips Park Golf Course (PPGC).

The purpose is to obtain City Council approval of requested resolution. Phillips Park Golf Course under the operation of the Public Works Department seeks authorization for the 2022 golf rates and fees for the operation of the municipal golf course.

City government of Aurora documents show the city of Aurora government has only made adjustments to the PPGC golf rates two times in the last 12 golf seasons, in 2016 and 2010. Historically the PPGC has provided the most competitive golf rates in the Fox River Valley and has been sensitive to current golf and economic conditions.

Golf is a recreational and wellness activity not only for the citizens of Aurora, but to those individuals in surrounding communities. These rate adjustments are not meant to be reactionary to the current golf industry conditions, but simply to begin better positioning Phillips Park Golf Course with competitors. Phillips Park GC has established a reputation of being able to offer competitive golf rates, to be inviting for all golfer skill levels and genders, and to provide great turf conditions, exceptional customer service and a good pace of play.

The golf course has operated within its budgeting constraints over the years, but unfortunately costs continue to increase. The proposed rate adjustments will allow for continued investments in course amenities and services. Recent examples of these amenities and services include GPS golf carts, two indoor golf SIMS, and driving range enhancements.

As the City of Aurora begins to develop their 10-year Master Plan they plan to begin looking to the future of Phillips Park Golf Course and positioning it as a destination golf course.

When the City government officials compare proposed rates against nearby competitors, Phillips Park is the overall low price leader. Although historically Phillips Park Golf Course has been able to maintain a well-conditioned golf course, operating costs have continued to increase over the years and continued inaction likely will result in the overall golf value to suffer. The resolution still allows the flexibility of the Golf Operations manager to offer course specials to compete with the local golf market.

An overview of the proposed changes:

• Golf greens fee rates were adjusted $1 – $2 with only one rate being adjusted $3.
• Golf cart fees were adjusted $1 for 9- holes $2 for 18 – holes per rider
• Annual Card Membership purchase was held with no recommended increase. Annual Card Members save an average of 18% on daily greens fees.
• Junior / Senior Season Pass recommended a purchase price of a 15% increase and a $1 increase in course usage fee.
• Driving range fees increase $1 per bucket.
• Promotional items priced according to market (cart pass and range card).

• Consent was given to a Resolution authorizing the restoration of the City of Aurora Development Services Center using the City of Aurora Job Order Contracting Program for $681,940.37 plus a contingency amount of $68,194.03 and authorizing a budget amendment of $750,200 to account 601-0000-410.40-78 (DNTN16) to finance the repairs.

City government of Aurora documents show the purpose is to restore the basement and first floor of the City of Aurora Development Services Center to operable condition.

The City of Aurora Development Services Center (DSC), at 77 South Broadway, in Aurora, serves as the primary facility for City divisions such as Building & Permits, Property Standards, Planning & Zoning, Engineering, Economic Development, Fire Protection, and several others.

In 2021, a major water main break on Broadway between Downer Place and Benton Street resulted in significant flooding which caused extensive damage to the Development Services Center facility.

Through the City’s Job Order Contracting (JOC) program, F.H. Paschen, S.N. Nielsen, LLC, has proposed to restore the DSC facility for $698,478.21. A change in the flooring scope reduced the cost by $21,402.26 (proposal alternate #1) and for longevity, an upgrade in countertop material added $4,864.42 (proposal alternate #2). This results in a total project cost of $681,940.37. Additionally, a ten percent (10%) project contingency is requested in the amount of $68,194.03.

The City previously received insurance proceeds of $445,105 for the flood damage at the Development Services Center Facility. The City will utilize these proceeds and $305,030 (if the entire amount of the contingency is expended) from the Risk Insurance Fund reserves to account for the expenditure of the funds. The City government will need a budget amendment to line 601-0000-410.40-78 (DNTN16) to account for the expenditures for the flood repair project.

FH Paschen, S.N. Nielsen, LLC is not indebted to the City.

• Consent was given to a Resolution authorizing the execution of a Local Public Agency Amendment #1 for Federal Participation with the State of Illinois, the execution of a Phase 2 Design Engineering Supplement with Alfred Benesch & Company in the not to exceed amount of $69,016.00, and the appropriation of $61,810.00 of REBUILD Illinois Bond Funds for the Farnsworth Avenue Bridge Project.

City government of Aurora documents show the purpose is to execute the Local Public Agency Amendment #1 there by reserving sufficient funds to cover the local agency share of the project cost by resolution, to approve the Phase 2 Design Engineering Services Supplement with Alfred Benesch & Company (Benesch) and to appropriate REBUILD Illinois Bond Funds by Illinois Department of Transportation (IDOT) Resolution.

Farnsworth Avenue crosses Indian Creek just north of Indian Trail. The current structure was constructed in 1970 and consists of three 8’ diameter Corrugated Metal Pipes that are badly deteriorated. The City has been moving forward various stages of the project and the bids were opened at the IDOT State Letting on Friday January 21, 2022. Benesch has been under contract with the City to complete the Phase 2 Design Engineering in the amount of $292,794.00 (approved by City Council on 9/22/2020, R20-205).

During final design, Benesch completed a number of work items not identified in the original Phase 2 agreement, mostly related to IDOT review comments. These included:

• Revision of the Maintenance of Traffic (MOT) to add an additional stage per IDOT comments.
• Addition of temporary traffic signals for MOT (not anticipated at the time of scoping and IDOT KO Meeting).
• Traffic signal modifications including additional post determined during IDOT review.
• Additional lighting level of effort, including new details for light poles on the bridge and photometrics required by IDOT.
• Special barrier walls and footings due to limited space, as determined near the end of design.
• Additional pay items, quantities, special provisions, QA and administration related to the above changes.

The Phase 2 Engineering Supplement from Alfred Benesch & Company in the amount of $69,016.00 summarizes the level of effort and scope for this supplement.

City staff members have worked with Kane-Kendall Council of Mayors (KKCOM) and IDOT staff members to obtain additional STP-Bridge Funds to cover 80% of these additional costs. The additional funding has been approved, and IDOT has reviewed/approved the draft agreements. Therefore, the true cost increase to the City for this supplement is $13,803.20. The Local Public Agency Amendment #1 for Federal Participation will need to be executed to utilize those funds. The City will front fund engineering costs and will be reimbursed 80% of the costs.

IDOT requires a Resolution to appropriate the REBUILD Illinois Bond Funds prior to their expenditure for approved projects. The Resolution for Improvement – BLR 09110, appropriating REBUILD Illinois Bond Funds in the amount of $61,810.. The resolution amount does not match the Engineering Supplement amount because more money had been previously authorized than the original Engineering Agreement amount.

Bridge construction will take place most of the 2022 construction season, subject to required utility relocations. Construction will take place under traffic, no detour will be required. Traffic in each direction will be reduced to one lane, with the southbound left turn lane open during all stages. Intermittent lane closures may occur during certain work activities.

• Consent was given to a Resolution authorizing an amendment to the City’s active deferred compensation plans to expand the definition of normal retirement age with an amendment of the Section 457 Deferred Compensation Plans offered by the City of Aurora.

City government of Aurora documents show the purpose is to obtain the City Council’s approval of the resolution that would authorize an amendment of the Section 457 deferred compensation plans offered by the City through the providers listed below.

Section 457 of the Internal Revenue Code permits local governments to offer tax-deferred retirement savings plans to their employees. The City of Aurora currently offers four active plans. Those plans are offered through the following vendors:

1. Illinois Public Pension Fund Association (IPPFA).
2. VOYA Financial (formerly known as ING Life Insurance and Annuity).
3. Nationwide Retirement Solutions.
4. LPL Financial (formerly known as Waddell & Reed Financial Services).

In 2003, pursuant to Resolution No. R03-487, the City established its Deferred Compensation Administration Committee. The Committee is comprised of:

Chief Financial Officer/City Treasurer (chair);

Director of Human Resources;

Corporation Counsel.

The committee is charged with evaluating new deferred compensation plans that have been proposed for offering to city employees. In addition, the committee assesses proposed changes to deferred compensation plans already offered to employees.

Section 457 allows for a variety of features and an employer is not required to offer all features as allowed in the IRS Code. Over time as different plans have been adopted and amended, inconsistencies have arisen in the differing plans that the City offers. Staff members are recommending a plan amendment that will allow for additional flexibility that could result in further tax deferred savings by public safety personnel pursuant to Section 1.457-4(c)(3)(v)(B).

Currently, employees are allowed to contribute twice the normal annual contribution limit into their 457 plan account when contributed within three years of their normal retirement age as defined by the IRS (the double catch up provision). Normal retirement age varies by the pension fund and the Tier in which an employee is classified.

The proposed amendment to the City’s deferred compensation plans will allow qualified police and fire personnel to designate their individual retirement age within a range of years as allowed by the IRS solely for the purpose of determining their eligibility to participate in the special double catch-up provision. Employees are not required to retire once they reach the retirement age they designate; the designation is solely for eligibility in the double catch up provision.

This is extremely beneficial for the employee and allows for more tax deferred income to be invested for retirement purposes.

There is no financial impact to the City for this amendment. Employees will have greater flexibility in utilizing the above described provision of the 457 plans, but this change does not increase the benefit. Increases in contributions come from wage withholdings from employees.

• Consent was given to a Resolution awarding Anthem Excavation & Demolition Inc in Aurora, Ill, as the 2022 contractor with a possible 1-year extension for junk and trash removal services within Aurora due to code enforcement citations.

To purpose is to obtain City Council approval for Junk and Trash removal due to code enforcement citations.

City government of Aurora documents show the City’s Property Standards department is responsible for the enforcement of the Junk and Trash ordinance on private properties. Junk and Trash removal is an important part of the abatement process to maintain the neighborhood affected in a safe and sanitary condition.

A formal bid request was sent out for the Junk and Trash removal services for private properties after being cited and abatement hasn’t been attained by the owner of the property within the City of Aurora Illinois. Responses were received from 5 vendors with Anthem Excavation & Demolition Inc. of Aurora, Ill. being one of the lowest responsible bidders.

This bid is subject to the local preference ordinance; however it did not impact the decision.

Contract will be for 1 year with the option to extend for an additional year upon mutual consent between the City and the vendor.

Funding for the services will be; account 101-1827-424.36-20 $42,975. The account has enough funds to cover expenses through 2022.

This resolution must be approved in order to provide Junk and trash abatement services through code enforcement citations within Aurora city limits.

• Consent was given to a Resolution establishing the maximum number of Class D: Downtown Core On-Site Consumption liquor licenses (unofficially related to the application from Craft Urban Aurora, LLC d/b/a Craft Urban Aurora at 41 S. Stolp Ave.). [Ward 6]

City government of Aurora documents show the purpose is to increase the number of Class D: Downtown Core On-Site Consumption liquor licenses. A business that is new to the city, Craft Urban Aurora, LLC d/b/a Craft Urban Aurora, is opening a restaurant/bar at 41 S. Stolp Ave. and has submitted a liquor license application.

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.

Craft Urban Aurora, LLC d/b/a Craft Urban Aurora has submitted a liquor license application to offer alcohol for sale for on-site consumption in a full-service restaurant. If approved, this liquor license will allow the sale of alcohol during business hours. Craft Urban Aurora will offer a full food menu and a full bar menu.

If approved, this Resolution will increase the number of allowable liquor licenses to allow for the issuance of the license by the Liquor Commissioner. City staff members have been working closely with the business owner 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 downtown.

• Consent was given to a Resolution authorizing the director of Purchasing to enter into an agreement with M/M Peters Construction, Inc., in Aurora, Ill, in the amount of $57,421.60 for the replacement of concrete at Aurora Fire Department Station 3 North apron.

The plan is to remove and replace the Portland cement concrete (PCC) driveway on the North side of the fire station and other miscellaneous appurtenances all in accordance with the plans and specifications, at Aurora Fire Department Station 3 by M/M Peters Construction Inc. of Aurora, Illinois in the amount of $57,421.60.

City government of Aurora documents show Aurora Fire Station 3 opened December 1st of 1972 and is now 49 years old. The concrete driveway at Aurora Fire Station 3 is original and is in bad shape. The entire apron has spalling, all the joints are missing the concrete and down to dirt

Replacing the concrete at Aurora Fire Station 3 will ensure that a smooth surface for the vehicles to drive on and reduce repairs to vehicles due to rough concrete.

The fire department has $66,000.00 funding available in the Capital Projects Fund in account 340-3033-422.38-05. The funds were budgeted there from the approved 2022 decision package.

Aurora Public Works/Engineering created the bid specifications and any addendum regarding this project. The bid opening occurred on February 23, 2022; M/M Peters Construction Inc. was the lowest responsible bidder. M/M Peters Construction, Inc has done work for the city before without any complaints.

This project was subject to the local preference ordinance, but did not impact the decision.

Public Works/Engineering will monitor the construction to ensure project completion to specifications.

• Consent was given to a Resolution authorizing a contract with W.E. Mundy Landscaping & Garden Center, Inc., in Aurora, Ill, to accept the unit prices submitted for the citywide landscape repair & maintenance contract.

City government of Aurora documents show this contract was last bid in the summer of 2017 which expired at the end of 2021. The contract is used primarily by the Water & Sewer Maintenance division to provide restoration of open spaces disturbed during utility maintenance and repair operations. The City of Aurora Street Maintenance Division also uses this contract to replace parkway trees. Other various City divisions utilize this contract to address minor landscaping repairs which makes up a small percentage of the program. This contract will not be used for restoration on any current or future capital improvement projects.

The Citywide landscaping Repair and Maintenance Program was publicly advertised and bid in conformance with City procedures. Two bids were received. Bids were reviewed and scored based on criteria such as fee, experience, personnel, and references as listed in the bid documents. Three independent rankers determined that W.E. Mundy Landscaping & Garden Center, Inc. was the most appropriate contractor for this program based on the established review metrics. Evaluation of the submitted unit prices accounted for half of the ranking and the vast majority of W.E. Mundy Landscaping & Garden Center, Inc.’s fixed costs were lower.

This program was budgeted in 2022 in individual accounts for each division that participates and which will be continued on a yearly basis using account numbers 215-4460-431-6540 and 101-4460-431-3834, but the majority of the work will be completed for the Water & Sewer Maintenance Division. The contract will be for two years and nine months with two one-year extensions possible based on mutual agreement between the contractor and the City of Aurora Division of Engineering. Each one year extension will need to be executed by the contractor and director of Purchasing or financial officer.

• Consent was given to an Ordinance amending Chapter 6 Sec. 6-2 of the Code of Ordinances.

Staff members seek to amend Chapter 6 Sec. 6-2 to clarify the definition of full-service restaurant.

City government of Aurora documents show prior to the implementation of significant changes to Chapter 6 in 2020, there were two classes of liquor licenses available to restaurants, Class E (allowing all alcoholic liquor with a minimum of 125 seats) and Class F (allowing beer and wine only with a minimum of 75 seats on the same floor). With the changes implemented in 2020, all licensed restaurants are now allowed to sell alcoholic liquor without being limited to the sale of beer and wine based on the size of their restaurant. The language with respect to restaurants with a minimum of 75 seats can now be removed from the definition of “full-service restaurant.” Furthermore, the term “full-service restaurant” has been the definition that determines what restaurants are eligible for video gaming licenses. Currently, the city only allows “full-service restaurants” with a minimum of 125 seats to apply for new video gaming licenses. The definition of full-service restaurant requires an update.

When Chapter 6 was changed in 2020, the definition of “full-service restaurant” remained unchanged, identifying all restaurants with a minimum of 125 seats and all restaurants with a minimum of 75 seats in a shopping center as a “full-service restaurant.” This designation as a “full-service restaurant” has caused confusion among business owners as to the requirements to apply for video gaming. The proposed change clearly identifies the characteristics of a “full-service restaurant” in order to avoid confusion in the future by expressly stating that a restaurant must have a minimum of 125 seats to be considered a “full-service restaurant.” In an effort to aid prospective and current business owners to easily interpret the code, the proposed changes include examples of what is not considered a full-service restaurant.

The impact of this amendment is that business owners will easily be able to apply the code to their business model to determine if their business meets the criteria of “full-service restaurant.”

• Consent was given to a Resolution authorizing the execution of a Local Public Agency Agreement for Federal Participation with the State of Illinois, Phase 1 Engineering Agreement with HR Green, Inc., maximum amount of $159,688.00, and appropriating Motor Fuel Tax Funds, for Montgomery Road Multi-Use Path Extension-Middlebury Drive to IL Route 59 Project.

City government of Aurora documents show the purpose is to execute the Local Public Agency Agreement/Joint Funding Agreement by reserving funds for the local agency share of the project cost, to approve the Phase 1 Engineering Agreement with HR Green, Inc., and to appropriate Motor Fuel Tax (MFT) Funds for MFT Section #21-00342-00-BT by Illinois Department of Transportation (IDOT) Resolution.

The city of Aurora government has been working on improving the bicycle and pedestrian facilities for its residents, commuters, visitors and recreational trail users. As part of this improvement, Montgomery Road has been enhanced with off-street multi-use path between Waubonsie Creek Trail and Middlebury Drive, this portion of the path was built through a previously awarded CMAQ grant program and the project is complete. In order to further the bike-ped connectivity, City government officials are now looking at expanding the multi-use path from Middlebury Drive to IL Route 59 on Montgomery Road.

The City applied for Illinois Transportation Enhancement (ITEP) Grant program for extending the multi-use path on Montgomery Road between Middlebury Drive and IL Route 59. The ITEP award was granted to City, in the not to exceed amount of $1,608,525.00. All phases of engineering (Phase 1, 2, 3 including construction) are eligible for both federal and state funding and is a 80 (federal fund)/ 10 (state) / 10 (local share) split.

The ITEP grant requires all phases of the project fully obligated within 4 years of the award notification letter or funds will be rescinded. The award letter for this project was issued in June 2021.

The proposed improvements include constructing an 8-10 feet wide off-street multi-use path on Montgomery Road between Middlebury Drive to the west and IL Route 59 to the east, other improvements will involve striping, signage, drainage and restoration.

A Qualification Based Selection (QBS) process was published on 7/6/2021 for Montgomery Road Multi-Use Path Extension – Middlebury Drive to IL Route 59 Phase 1 Engineering services. Sixteen firms submitted their qualifications by August 6, 2021. Staff members reviewed the qualifications submitted and determined that HR Green, Inc. was the most qualified with the top 3 firm’s scores. HR Green, Inc. and their proposed phase 1 team have successfully completed Phase 1 preliminary engineering services for many federally funded projects. The Phase 1 Engineering Agreement from HR Green, Inc. is in the amount of $159,688.00 is set to provide complete preliminary engineering services for this project. The City has an option to utilize the same firm for Phase 2 Design Engineering service, provided the company’s (HR Green, Inc.) work is satisfactory, a separate resolution will be prepared at the time for Council’s approval.

The request for qualifications process and is not subject to the local preference policy. The funding source, federal funds, is not subject to the local preference policy.

IDOT requires the City government to execute the Local Public Agency Agreement (Joint Funding Agreement). Phase 1 engineering costs needs to be front funded by the City and will be later reimbursed by IDOT. Due to the extensive agreement processing time by IDOT, staff members opted to go for a Section 1440 processing. A traditional agreement approval process by IDOT takes six months to more than a year to get the notice to proceed to kick start Phase 1 or 2 engineering services.

Section 1440 allows the local agency to get started with preliminary engineering services prior to Federal/State authorization of the Phase 1 engineering fund. However, the City, needs to wait to ask for reimbursement until the agreements are reviewed and executed by IDOT. Staff members are optimistic that Section 1440 processing should speed up the process and should help in completing all phases of engineering and let the project begin within the four-year deadline of the award notice.

The total cost of the project is estimated at $1,787,270.00 (Includes Phase 1, 2, 3 and construction). Phase 1 engineering cost is estimated at $159,688.00.

Both drafts that would be reviewed by IDOT. Since City has opted for Section 1440 processing, these exhibits will need to be executed by City to start phase 1 engineering service. If the forms are amended by IDOT or CBLRS (Central Office), the mayor and City clerk will execute the most current forms.

IDOT requires a Resolution to appropriate the MFT Funds prior to their expenditure for approved projects. The Resolution for Improvement – BLR 09110, appropriating MFT Funds in the amount of $159,688.00.

• Consent was given to an Ordinance granting a conditional use permit for a cannabis dispensing facility on the property at 35 N. Broadway, which is the PME School of Cake Decorating & Confectionary Art.

City government of Aurora documents show the Petitioner, WAH Group, LLC D/B/A Leafing Life Dispensary, is requesting approval of a conditional use for a cannabis dispensing facility use on property at 35 N. Broadway in Ward 2.

On June 25, 2019, the Cannabis Regulation and Tax Act (P.A.101-0027), was signed into law by the State of Illinois, effective January 1, 2020. The Act legalizes the purchase, possession and private use of cannabis by adults 21 years of age or older for recreational use. The majority of the law pertains to the sales, processing, distribution, taxes and eligible users of cannabis.

Subsequently, the Aurora City Council passed Ordinance number O19-072 on October 22, 2019, requiring a conditional use permit for qualifying cannabis dispensing facilities with the conditional use permit being permissible in the B-2, B-3, DC, ORI, M-1, and M-2 Districts and business area of PDD.

In April 2020, a special use, now referred to as conditional use, was approved on this property for a cannabis dispensing facility. There were two extensions approved in late 2020 and early 2021, granting additional time for compliance of the conditional use for a cannabis dispensing facility due to the COVID-19 pandemic which suspended the cannabis dispensing licensing. The previous petitioner failed to receive a license and did not request a third extension in time, therefore, the conditional use was terminated as of October 28, 2021.

The Petitioner, WAH Group, LLC, is requesting approval of a new conditional use for a cannabis dispensing facility. The proposal includes leasing the first-floor commercial space in the existing two-story building to operate a cannabis dispensing facility. The facility is approximately 3,570 square feet.

The second-floor unit, which is rented by an insurance agency, will remain for now. The Petitioner has an option to purchase the entire building. If this purchase occurs, the Petitioner is planning to expand their corporate office into the second-floor unit. There are several public/private parking lots within walking distance of the proposed location including directly behind the building.

As part of the Conditional Use review, staff members have reviewed the request per the requirements as stated in the Conditional Use section for cannabis dispensing facilities. These regulations are as follows:

i. Facilities shall at all times comply with all requirements, rules and restrictions, including without limitation, geographic location restrictions, as set forth in the Compassionate Use of Medical Cannabis Pilot Program Act (IL Public Act 098-0122) and the Cannabis Regulation and Tax (IL Public Act 101-0027) or as modified by applicable law, and shall at all times comply with the terms and conditions of any Conditional Use permit that may be granted in the future.

The facility will need to comply with the requirement of the Compassionate Use of Medical Cannabis Pilot Program Act (IL Public Act 098-0122) and the Cannabis Regulation and Tax (IL Public Act 101-0027) in order to obtain a license with the State.

ii. On or after January 1, 2020, no more than four adult use cannabis dispensary Conditional Uses, may be established within the Aurora City limits. The City Council is authorized to evaluate and implement adjustments to the number of adult use cannabis dispensary Conditional Uses within the City in order to maintain public health, safety, and welfare as well as promote economic development. Such adjustments to the number of Conditional Uses shall be established via resolution. Any proposed changes shall start at the Building Zoning and Economic Development Committee.

Of the four cannabis dispensary Conditional Uses within the City, two (2) shall be reserved and issued for social equity candidates, in order to maximize the state legislature’s intent of section 7-1, article h of the Cannabis Regulation and Tax Act. 410 ILCS 705/7.

Non-social equity candidates are required to meet the following requirements for adult use cannabis dispensary Conditional Use in order to promote public health, safety and welfare:

a. Applicants must establish a minimum of two years of cannabis sales experience (either as a medical dispensary in Illinois, or as a recreational dispensary in another state).

WAH Group LLC, d/b/a Leafing Life Dispensary has been awarded a Conditional Adult Use Dispensing Organization License by the State as a social equity applicant as one or more individuals of their Managing Members provided proof that they resided for at least 5 of the proceeding 10 years in a disproportionately impacted area.

iii. Facilities shall abut an arterial street as shown on the City of Aurora Comprehensive Plan. No more than one dispensary shall be on a single arterial. A dispensing facility may not be within a mile and a half (1 ½) of a preexisting Conditional Use dispensing facility.

The proposed location abuts Broadway which is an arterial street and is not within a mile and a half of a preexisting Conditional Use dispensing facility within the city.

iv. Facilities shall not be within seven hundred and fifty feet, measured from property line to property line, of a grade school, middle school, alternative school, or high school. The authorization of a Conditional Use for this purpose should not be affected by subsequent establishment of a school within the restricted area.

The facility is not within seven hundred and fifty feet (750’) of a grade school, middle school, alternative school, or high school.

v. A facility shall not be adjacent to a licensed day care facility. For the purpose of this limitation, in the case of a standalone building “adjacent” means physically abutting the lot, or in the case of a single structure containing multiple units comprising a shopping center or similar facility, in the unit directly adjoining a unit containing the licensed day care facility.

The facility is not adjacent to a licensed day care facility.

vi. No cannabis or paraphernalia shall be displayed or kept at the facility so as to be visible from outside the premises including but not limited to depiction on signage.

There will not be cannabis or paraphernalia displayed or kept at the facility so as to be visible from outside the premises.

vii. Onsite use is prohibited. No cannabis shall be smoked, eaten or otherwise consumed or ingested on the premises.

There will not be any onsite consumption of cannabis.

viii. Facilities shall have operating hours not earlier than 8 a.m. and not later than 10 p.m.

The hours of operation will be from 8 a.m. to 10 p.m..

ix. Co-locations: The City may approve the co-location of a cannabis dispensing facility with a cannabis craft grower facility or a cannabis infuser facility, or both, subject to the requirements of State law, zoning requirements and the Conditional Use criteria within this ordinance.

Not applicable

x. Additional conditions may be imposed as part of the Conditional Use approval to provide for compatibility with adjacent uses and mitigate potential impacts from the dispensing operation.

Not applicable

xi. The following items shall be submitted as part of the Conditional Use request:

a. A plan for disposal of any cannabis or byproducts that are not sold to a purchaser or registered qualifying patient or caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal and shall abide by applicable state or local regulations.

b. A security plan that includes facility access controls, surveillance systems, on-site security personnel, and other security measures required by state or local regulations.

c. A copy of the operating procedures adopted in compliance with state statutes. Said operations procedures should include provisions with minimum requirements for facility employees or volunteers (paid or unpaid) including individuals must be at least 21 years of age and must pass a criminal background having not been convicted of a felony under any federal or state law or having been convicted of a violation of any federal, state or city law concerning the manufacture, possession or sale of controlled substances or alcoholic liquor.

d. A plan for ventilation of the facility that describes the ventilation systems that will be used to prevent any odor of cannabis off the premises of the business. For cannabis dispensing facilities, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises.

e. The name(s) and location(s) of the offsite cultivation facilities associated with the cannabis dispensary.

This documentation has been submitted to the City.

Staff members had the following comments regarding the findings of facts:

1. The project will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare as this is an existing retail building and the use will add to the growth and diversity of businesses in the downtown.
2. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity or diminish or impair property values within the neighborhood as this use is essential a retail use and one that is highly regulated by the City and State.
3. The conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district as this use will utilize an existing retail and office building which is on two major streets with several public parking lots near this property including the lot directly behind this building.
4. There is adequate water and sewer capacity to serve the project.
5. This property sits at the intersection of two major streets with several public/private parking lots within walking distance of the proposed location including directly behind the building.
6. The conditional use in all other respects conforms to the applicable regulations of the Downtown Core zoning district.

The staff members’ evaluation and recommendations are based on the following physical development policies:

30.0 To promote and plan for the location of commercial centers, based on their functions and interrelationships, in order to provide a balanced distribution of commercial development and redevelopment.

31.1(3) To promote the development of commercial facilities in existing or planned commercial areas.

The Planning and Zoning Commission recommended conditional approval of the Ordinance Granting a Conditional Use Permit for a Cannabis Dispensing Facility (2115) Use on the Property at 35 N. Broadway, with the following conditions:

1. That the Petitioner agrees that the required documents submitted pursuant to the Conditional Use petition are subject to re-review and comment by staff members if a State license is issued for the property. The Petitioner further agrees to make any requested modifications based on said re-review prior to building permit being issued for the property.
2. That the exterior cladding of the building including any peeling, cracking, and spalling be repaired prior to occupancy permit.

• Final approval for items on the consent agenda are set to be made at the March 22 Aurora City Council meeting.

• Here is information about a Resolution approving the Final Plat for Redwood of Aurora Subdivision, on vacant land north of W. Indian Trail and east of N. Randall Road in Ward 6.

City government of Aurora documents show the Petitioner, Redwood USA, LLC is requesting approval of a Final Plat for Redwood of Aurora Subdivision, north of W. Indian Trail and east of N. Randall Road which includes subdividing the lot into two lots for the development of a 198-unit rental townhome community.

The property is vacant land with R-4A(C) Two-Family Dwelling District with a Conditional Use zoning, which is part of the Redwood of Aurora Conditional Use Planned Development. The Conditional Use Planned Development and Preliminary Plan and Plat were approved by City Council last September.

The Petitioner is requesting approval of a Final Plat for Redwood of Aurora Subdivision. The details of the request include subdividing the lot into two lots that correspond with the two phases of development.

Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for Redwood of Aurora Subdivision for a ROW Dwelling (Party Wall) (1130) Use. The details of the request include the development of a rental townhome community of 50 buildings with 198 units ranging in size from 1,294 to 1,620 square feet. Each unit has two bedrooms, two bathrooms, patio, a two-car driveway, and a two-car garage. Five of the buildings have rear-loaded garages while the remaining have front-loaded garages. The development is at 5.50 dwelling units per acre and 45% lot coverage. Plan features a stormwater detention pond and a detention facility fronting on W. Indian Trail buffering the development. A large divided entrance with central median curve through the middle of the development and ends at a small private park that provides passive recreation for the residents, including a gazebo. Adjacent to the park are two central stormwater detention ponds that will provide residents views of the ponds as well as a path to walk around the ponds. Additional detention facilities are along the east and north property line, providing some buffer between the townhomes and adjacent Golden Oaks subdivision. A trail circles through the development consisting of sidewalks abutting the private streets and paths that run around the detention facilities and connects to the bike path along W. Indian Trial Road. The internal roads will be private concrete roads with no street parking that will be enforced by the Lease Agreement and signage per the Fire Marshall. In addition to the driveways and garages, there are 73 guest parking spaces evenly distributed throughout the site.

The Landscape Plan features heavy cluster of canopy and evergreen trees along the perimeter abutting the adjacent subdivision to provide buffering to the singe-family homes. There are also three detention facilities with cluster of trees and shrubs along the perimeter for buffering. The central roadway provides a vista of a row of canopy trees that pass by three large detention ponds lined with a mixture of trees and shrubs. The parking spaces are abutted by a hedgerow of evergreen shrubs.

The one-story buildings will consist of six different types with varying layout and façade elements. The cladding of the buildings is a mixture of stone veneer in various color, vinyl siding, and vinyl shakes. Variations to the facades are also created through façade recessions and extension and through a varied roofline including the use of cross-gables on the homes, cross-gables on the garages, dormers, projecting porches, and varying height lines.

Staff members have reviewed the Final Plat Resolution 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, with the exception of the items reflected in the conditions listed in the staff member recommendations below.

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

10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center

11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.

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

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

20.0 To insure the provision of decent housing and a quality living environment for every resident of Aurora

21.1(2) To promote a wide variety of housing types

22.1(1) To achieve appropriate zoning protection for residential areas designated in the land use plan.

23.1(3) To encourage quality design and practicable innovations in both housing structures and site

developments to encourage quality design and practicable innovations in both housing structures and site development.

23.1(10) To promote the provision of paved roads, sidewalks, utilities and other public works and improvements to each residence within the City through subdivision requirements or special assessments.

The Planning and Zoning Commission recommended conditional approval of the Resolution approving the Final Plat for Redwood of Aurora subdivision, on vacant land north of W. Indian Trail and east of N. Randall Road, with the following conditions:

1.) That all the comments of the Engineering Division be addressed prior to approval of Final Engineering.

2.) That language be added to the Final Plat concerning the private improvements.

• Here is information about a Resolution approving a Final Plan on the property at 2440 S. Eola Road for an ice cream Restaurant with a Drive-Through Facility Use. Bruster’s Real Ice Cream in Ward 9.

City government of Aurora documents show, the Petitioner, Bruster’s Real Ice Cream is requesting approval of a Final Plan for the property at 2440 S. Eola Road for a Drive-Through Facility (2530) Use

The property is vacant and zoned PDD, which is part of the Lakewood Homes Conditional Use Planned Development. A Preliminary Plat and Plan for the entire Northeastern corner of Eola and Shiloh was approved in 2001 while a Final Plan for the corner (excluding the lot in question) was approved in 2002.

The Petitioner is requesting approval of a Final Plan for a Drive-Through Facility (2530) Use. The proposed restaurant will be a Drive-Through ice cream shop. All seating will take place outdoors, the indoors will only be used for production and serving of ice cream. Ice cream can be ordered either from the Drive-Through window or the walk-up windows on the western side of the building.

The proposal currently has 23 parking spaces and meets the minimum of 10 vehicles stacking from the drive thru window. Critical to the business operation is the ability of a semi-truck to be able to navigate throughout the site in order to drop off and pick up supplies. In order to accomplish this, the Right-In Right-Out access is being modified in a way that would allow a semi-truck to enter and exit the site safely, while also maintaining and adequate landscape island to break up the parking lot. The Zoning and Planning staff members are working with the developers to increase the landscaping along Eola Road and the northern property line.

Staff members have reviewed the Final Plan Resolution 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, with the exception of the items reflected in the conditions listed in the staff member recommendations below.

The staff members’ evaluation and recommendations are based on the following physical development policies:

10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.

11.0 To guide the growth of the City in an orderly and structured manner.

11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.

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

Staff members recommend conditional approval of the Resolution approving a Final Plan on the property at 2440 S. Eola Road for an ice cream restaurant with a drive-through facility use, with the following conditions:

1.) That the landscape plan be revised to incorporate the comments of the Zoning and Planning department staff members.

2.) That the final engineering submittal be revised to incorporate the comments of the Engineering department staff members.

• Here is information about a Resolution approving a revision to the final plan for a parking lot expansion for the property at 2731 Beverly Drive – QT9 Software.

City government of Aurora documents show, the Petitioner, QT9 Software is requesting approval of a final plan revision for the property at 2731 Beverly Drive for a parking lot expansion.

The property is currently zoned PDD and is a part of the Farnsworth International Planned Development. The original final plan for the property was approved in 2017 for a Business and Professional Office Use.

The Petitioner is requesting approval of a Final Plan Revision for a parking lot expansion. The proposed development would be adding an additional 29 parking spaces. All work on the property will be done to the rear of the site. Additional landscaping is proposed along the North, South, and West property lines. The Petitioner has stated that no building addition is needed or being contemplated at this time, but the business has been successful and is currently parked out completely.

Staff members have reviewed the final plan resolution petition and have determined that it meets the applicable codes and ordinances.

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

10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.

11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.

Staff members recommend approval of the resolution revising the final plan for a parking lot expansion for the property at 2731 Beverly Drive.

• Here is information about a Resolution approving the final plat for Lot 1 of North River Subdivision at 2-12 N. River Street which is where the Hobbs building is.

JH Real Estate Partners, LLC in Ward 6

City government of Aurora documents show the Petitioner, JH Real Estate Partners, LLC is requesting approval of a Final Plat consolidating Lots 1-6 of Hobbs and Loser’s Subdivision at 2-12 N. River Street and establishing Lot 1 of North River Subdivision to allow for the adaptive reuse of the buildings on the lots.)

The property is currently three buildings with DC Downtown Core District zoning.

The Petitioner is requesting approval of a Final Plat consolidating Lots 1-6 of Hobbs and Loser’s Subdivision and establishing Lot 1 of North River Subdivision. The details of the request include a three-lot consolidation to allow for the redevelopment of the historic Hobbs building at 2 N. River Street and the historic building at 6-12 N. River Street. The project includes redeveloping the three buildings into 31 apartments with commercial on the first story. The project will add interior openings into the historic building between lots lines, which requires a Final Plat consolidating the lots.

Staff members have reviewed the final plat resolution 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.

The staff members’ evaluation and recommendations are based on the following physical development policies:

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

14.1(3) To protect, preserve and restore the historical and architectural heritage of the City.

33.1 (6) To promote the intense and frequent use of the Downtown by encouraging high density residential uses within the Downtown through multi-use buildings and through residential development, redevelopment and appropriate conversions, with consideration given to parking requirements.

33.1 (9) To preserve and restore the Architectural, cultural and historical heritage of the Downtown

The Planning and Zoning Commission recommended approval of the Resolution approving the Final Plat for Lot 1 of North River Subdivision at 2-12 N. River Street.