By Jason Crane
The Aurora City Council viewed a presentation and discussed proposed changes to the mobile food unit ordinance at the Committee of the Whole (COW) meeting, Tuesday, March 21.
The Ordinance amending Chapter 25, Article XII entitled “Mobile Food Unit Vendors” of the Code of Ordinances proposes changes to the mobile food unit ordinance based on feedback from the City Council and the community.
The changes were created to address some concerns, including the definition of address point from 100 feet from door to door to 100 feet from property line to property line.
City government of Aurora documents show in November 2022, the City Council unanimously approved a moratorium on new licenses for mobile food units to examine if changes to the ordinance were warranted. Staff members presented a summary of the issues raised by the City Council, and it was determined amendments would be beneficial.
Staff members began the process of drafting proposals for the committee to review, based on factors including survey data, identified gaps in the ordinance, financial data, committee feedback, existing City rules and regulations, best practices, and community feedback.
Modifications include:
• Updated definitions.
• Creation of authorized operating locations.
• New processes and procedures.
• Benefits for local vendors.
Core issues are:
• The location of trucks.
• Proximity of trucks to brick and mortar restaurants.
• Enforcement of the ordinance.
• General operation concerns; including long term/daily operations.
Authorized operating location:
• Creates parameters and protections for vendors.
• Will be a mix of City government-owned spots and areas selected by vendors, vetted through the administrative hearing process.
Plans include redefining the classification of food truck.
• Food cart – limited to use at events.
• Food trailer – requires towing.
• Food truck – self-contained, motorized unit.
Mayor of Aurora, Richard Irvin suggested the proposal be placed on unfinished business to provide additional translation for vendors to allow for additional discussion and understanding at the March 28 City Council meeting.
• There were four food truck vendors who requested the City Council consider the proposed changes to the Ordinance likely would hurt their revenue. Comments made can be viewed after the 6 minute mark on the city government of Aurora’s Facebook page by clicking here.
• Placed on unfinished business for additional possible discussion at the March 28 City Council meeting is an Ordinance granting a conditional use permit for a cannabis dispensing facility use on the property at 1350 N. Orchard Road.
The Petitioner, Fly Society Group of Aurora, LLC, dba AuraLight, is requesting approval of a permit for use on Lot 7 of Orchard Road Subdivision at 1350 N. Orchard Road.
City government of Aurora documents show 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 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 Planned Development District (PDD).
The property is a vacant lot with PDD zoning. This property is part of the USAA Planned Development District and was designated for commercial use when it was planned and platted in May 2000. In February of this year, the Tito Group, LLC received approval of a final plan for the construction of a 5,053 square foot retail building with the ability to construct an 8,500 square-foot building addition to the south as part of a future phase.
The Petitioner is requesting approval of a conditional use for a cannabis dispensing facility within the 5,053 square-foot portion of the proposed building.
As part of the conditional use review, City staff members 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.
Response: 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 will start at the Building Zoning and Economic Development Committee.
Response: Of the four-cannabis dispensary conditional uses within the City, two will 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).
Response: Fly Society Group of Aurora, LLC dba AuraLight has been awarded a Conditional Adult Use Dispensing Organization License by the State as a social equity applicant.
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 of a preexisting Conditional Use dispensing facility.
Response: The proposed location in along Orchard Road 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 750 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.
Response: This facility is not within 750 feet 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.
Response: This 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.
Response: 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.
Response: There will not be any onsite consumption of cannabis at this facility.
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 Monday thru Saturday from 9 a.m. to 9 p.m. and Sundays from 10 a.m. – 6 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.
Response: Not applicable in this case.
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.
Response: Not applicable in this case.
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.
City staff members had the following comments regarding the findings of facts:
- The project will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare as this is within an established retail area with compatible retail uses.
- 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 in keeping with the surrounding retail uses and one that is highly regulated by the City and State.
- The conditional use will not impede the normal and orderly development and improvement of surrounding property as this use is compatible with the surrounding retail uses.
- There is adequate water and sewer capacity to serve the project.
- The site is designed with two north-south access drives to provide cross access to the parcels to the south and north. An additional east-west access drive has been added in the parking lot to provide access to the existing north-south frontage road along the east side of the property. Traffic will be able to access the site off Orchard Road in two locations. There should be minimal impacts to the flow of local traffic due to the various options in egress to the site.
- The conditional use in all other respects conforms to the applicable regulations of the PDD Planned Development District.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff members received public inquiries requesting additional information on this petition.
Policies and guidelines:
The staff members’ evaluation and recommendation 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 An Ordinance Granting a Conditional Use Permit for a Cannabis Dispensing Facility (2115) Use on the property at 1350 N. Orchard Road, with the following conditions:
- 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.
• Placed on unfinished business for additional possible discussion at the March 28 City Council meeting is a Resolution authorizing approval of the 2023 Historic Preservation Grants and allowing the mayor to enter into Historic Preservation Grant agreements and addendums.
The purpose is to authorize the execution of Historic Preservation Grant agreements with owners of properties within the historic districts or local landmarks to foster the continued preservation of Aurora’s historic neighborhoods and landmarks.
City government of Aurora documents show in 2019, City Council approved a new Historic Preservation Grant Program. The Preservation Grant Program is a reimbursable grant for exterior historic rehabilitation projects. The maximum is $20,000. All grants at or under $10,000 require no cash match. All grants over $10,000 require a dollar-for-dollar cash match for every dollar over $10,000. The final $1,000 of the grant is additional funding for the use of local contractors. Properties must be owner-occupied and designated as historic within the City of Aurora and must meet all other eligibility requirements.
With some previous grants not being completed or completed under budget, the budget authorization for 2023 is $226,500 in account 101-1840-463.50-43.
On February 16, 2023, the Historic Preservation Commission reviewed the 24 applications submitted for the 2023 Historic Preservation Grant Program. The application process was highly competitive with many worthwhile projects. The Based upon the available funding, the Historic Preservation Commission ranked 17 applications as being the most deserving for funding and recommends those applications for approval by City Council.
As outlined in proposed 2023 Historic Preservation Grants recommendations, the following are recommended for approval: 108 N. View Street – Tanner -Porch Repair – $5,024; 215 Grand Avenue – Riddle Highlands – $8,184; 219 West Park Avenue – Tanner – $18,210; 329 S. Lincoln Avenue – Near Eastside – $21,000; 333 Lawndale Avenue – Riddle Highlands – $7,315; 353-355 West Park Avenue – Tanner -$8,000; 417 Spruce Street – Tanner – $17,571; 424 West Park Avenue – Tanner – $21,000; 426 Palace Street – Tanner – $11,454; 452 Pennsylvania Avenue – Tanner – $15,916; 506 W. Downer Place – Westside – $12,187; 518 W. Downer Place – Landmark – $17,000; 535 W. Downer Place – Landmark – $21,000; 619 Palace Street – Palace – $9,394; 625 Oak Avenue – Tanner – $18,000; 737 Pennsylvania Avenue – Tanner – $8,415; 816 Palace Street – Riddle Highlands- $6,490;
Policies and guidelines:
The staff members’ evaluation and recommendation are based on the City of Aurora Historic Districts and Landmarks Guideline.
Recommendations:
Historic Preservation Commission recommended approval of a resolution authorizing approval of the 2023 Historic Preservation Grants and allowing the Mayor to enter into Historic Preservation Grant Agreements and Addendums.
The City Council gave consent to the following agenda items likely to be placed on the Tuesday, Mar. 28 full City Council agenda:
• Consent was given to a Resolution approving the appointment of Curtis Wilson to the African American Heritage Advisory Board (AAHAB).
City government of Aurora documents show in June of 2021, the City Council approved changes to Chapter 2, which included a sunset provision for all board/commission members. The sunset was included to bring the board/commission terms into compliance with the new dates provided in the ordinance, as well as survey members if they wished to continue to serve or step down.
The nomination brought forth represents new candidate to AAHAB, but also serves on the Aurora Veteran’s Advisory Board and Civilian Review Board. Curtis Wilson is a ward 5 resident.
• Consent was given to a Resolution authorizing ratification of the purchase of eight SCBA’s (Self Contained Breathing Apparatus) and a TIC (Thermal Imaging Camera) for $75,069 from Municipal Emergency Services. To replace equipment damaged on a hazardous material leak.
The purpose is to purchase eight SCBA’s and one TIC from Municipal Emergency Services to replace Damaged equipment.
City government of Aurora documents show the Aurora Fire Department responded to a hazardous material leak on December 15, 2022, at 625 W. Illinois that resulted in unrepairable damage to the SCBA’s and TIC.
The Aurora Fire Department responded to a hazardous materials release at 625 W Illinois Avenue on December 15, 2022. This call, resulting in a vapor cloud would later be found to have damaged, the above equipment to the point of it being deemed unrepairable resulting in it needing to be replaced.
The purchase of these critical items will bring the Aurora Fire Department back up to its previous capabilities to handle emergency incidents. The financial impact to the City of Aurora can be minimized or negated by charging the spiller per the Illinois Hazardous Material Emergency Response Reimbursement Act. This allows the AHJ to seek reimbursement for damaged equipment. The funds have been approved and are available in account 601-0000-410-4078. The vendor is a sole source of the SCOTT brand SCBA’s that is used.
Impact statement:
Retaining the readiness of the hazmat team is of the utmost importance of the Fire Department. Without these crucial safety devices, the department is limited on its ability to respond to any hazardous material incidents.
Recommendations:
That the Finance Committee accept approve the invoices from Municipal Emergency Services to purchase 8 Scott packs and one TIC for the amount of $75,069.
• Consent was given to a Resolution Authorizing the mayor and City clerk to execute a retainer engineering services agreement between Crawford, Murphy and Tilly, Inc. and the city of Aurora for Services at the Aurora Municipal Airport.
The purpose is to obtain City Council approval of a retainer agreement for engineering services between the City of Aurora and Crawford, Murphy and Tilly, Inc.
City government of Aurora documents show the State of Illinois Division of Aeronautics requires that all sponsors of public airports retain an engineering firm for projects approved under the State’s Transportation Improvement Program. It is also required that the sponsor advertise a request for qualifications (RFQ) every five years as part of their consultant selection process.
The previous retainer agreement with Crawford, Murphy and Tilly, Inc. expired last month and the City’s Purchasing Division advertised a request for qualifications in the local newspaper and the Airport Division advertised the RFQ on the State of Illinois Department of Transportation website.
The airport responded to questions from four engineering firms: Wight and Company, Kimley Horn, Primera and Crawford, Murphy and Tilly, Inc. (CMT). Submittals from Primera and CMT were received by the airport on the February 21 deadline.
After review of the submittals, it was clear that CMT, in Aurora, possessed valuable historical knowledge of the airport and have previously demonstrated their commitment to excellence and to the city of Aurora. CMT has been Aurora’s primary aviation consultant since the early 1980’s. CMT employs key former IDOT Division of Aeronautics (IDA) employees and has cultivated strong relationships with both the FAA and IDA alike. The airport manager did make contact with references provided by both firms. Primera is a solid firm but does not possess a high level of experience with Illinois airports, Aurora specific experience and is not in the city of Aurora.
The proposed consultant retainer agreement is a zero-fee contract which identifies a list of projects that is contemplated by the airport over the next five years of which this consultant will be qualified to work on. Any listed project selected by the State for funding will be brought before the City Council with a State approved not-to-exceed Engineering Services Agreement for Council’s consideration and approval
• Consent was given to a Resolution authorizing approval of a 3-year renewal of software licenses for computer aided dispatch (CAD), records management system (RMS) at a total cost of $1,023,986.27 from Intergraph Corporation, 305 Telegraph Way, Madison, Ala..
This resolution is requesting the renewal of CAD and RMS licenses and supports services from Intergraph Corporation (“Intergraph”) that were originally approved under resolution R15-353.
City government of Aurora documents show Resolution R15-353 authorized City staff members to purchase and implement CAD and RMS software and services from Intergraph, formerly Hexagon Public Safety. The CAD services have been used successfully by both the Aurora Police Department, Aurora Fire Department since that time. The Aurora Police Department has utilized the RMS services since implementation was completed.
After finalizing the initial purchase from Intergraph, the City staff members worked with Intergraph staff members to implement the CAD and RMS systems. The timeline of the implementation was presented to the Committee of the Whole on November 17,2020.
Passage of Resolution R21-274, which provided for additional on-site consulting services from Intergraph, also included updated Master Terms and Conditions (MTC) agreement that superseded the MTC signed in 2016.
Pricing for the three years of CAD and RMS services breaks down as follows for the three years: Year 1: $279,105.95; Year 2: $366,936.36; Year 3: $377,943.96; Total: $1,023,986.27.
The larger price increase between year 1 and year 2 is due to aligning the termination dates of the CAD and RMS products. In year 2, the RMS product timelines will increase from 11 months to 12 months, and the CAD product timelines will increase from 9 months to 12 months. In Year 2 and Year 3, the CAD and RMS products will be coterminous.
• Consent was given to a Resolution establishing the maximum number of Class A: Packaged Sales (beer and wine only) liquor licenses (unofficially related to the application from Payal and Jashoda, Inc., d/b/a 7-Eleven #33814B at 1790 N Farnsworth Ave.). [Ward 1]
The purpose is to increase the number of Class A: Package Sales (Beer and Wine Only) liquor licenses. Payal and Jashoda, Inc. d/b/a 7-Eleven #33814B, is purchasing the existing 7-Eleven at 1790 N Farnsworth Ave. This will be a 100% ownership change of this store. Payal and Jashoda, Inc. has submitted a liquor license application.
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.
Payal and Jashoda, Inc., d/b/a 7-Eleven #33814B, has submitted a liquor license application to offer packaged beer and wine for sale for off-site consumption.
If approved, the resolution will maintain the number of allowable liquor licenses as this is a change in ownership of a licensed business. This will allow for the issuance of a liquor license by the Liquor Commissioner. City staff members have been working 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.
• Consent was given to a Resolution authorizing approval of an Annual Action Plan Substantial Amendment 2023-#2 – HOME-American Rescue Plan (HOME-ARP) Allocation Plan in the Amount of $2,726,703.
City government of Aurora documents show City staff members’ request acceptance and approval of its proposed HOME-ARP Needs Assessment Findings and Recommendations received through the U.S. Department of Housing and Urban Development (HUD) in a special one-time allocation in the amount of $2,726,703. The scope of the HOME-ARP funding is to create affordable housing and to provide supportive services for eligible Qualifying Populations (QPs) experiencing homelessness, at risk of homelessness, survivors of gender-based and sexual-based crimes, families requiring services and/or housing assistance to prevent homelessness, or families that are experiencing a high level of housing insecurity.
HOME-ARP funding will provide the city of Aurora (City) with the opportunity to make targeted, strategic investments in housing and other assistance for QPs. The intent is to address the need for homelessness assistance and supportive services for those who are homeless or near homelessness.
The eligible activities for the potential uses of HOME-ARP are the development of affordable housing, Tenant-Based Rental Assistance (TBRA), supportive services, acquisition and development of non-congregate shelter units for permanent affordable housing, administration, and non-profit operating and capacity building assistance.
The City, as a direct recipient of HOME-ARP funding, must plan for how the HOME-ARP funds will benefit the Aurora community and is required to complete a needs assessment utilizing tools provided by HUD in order to accomplish key requirements outlined in the HOME-ARP published final rule.
The City partnered with a consultant this past summer to begin working on the assessment with the goal of completing the plan by the HUD established deadline of March 31, 2023.
The HOME-ARP Needs Assessment required the City to consider the following sections to establish the City’s HOME-ARP funding objectives and recommendations:
- Consultation and public participation.
- Needs assessment and gap analysis.
- Funding recommendations.
- Preferences and referral methods.
Consultation and public participation.
The City’s Community Development Division (CDD) launched a robust public participation process to ensure a wide variety of comments and feedback were collected from local stakeholders ranging from City Council members, representatives from the City’s boards and commissions, internal City staff members spanning throughout the City’s departments and divisions, non-profits serving the Aurora area, clients of local non-profits that could qualify for HOME-ARP programs, the Aurora Housing Authority, and residents of Aurora to obtain an accurate and comprehensive picture of how the HOME-ARP funding should be allocated.
The City’s outreach efforts resulted in a survey and 20 different listening sessions in which 81 local stakeholders participated. The intent for each outreach opportunity was to provide the City with input on the largest unmet needs and gaps in housing and services in Aurora, how current efforts can be supported, potential collaborations that could be beneficial to QPs that do not exist, and further addressing the disparities and gaps amongst racial and ethnic groups.
Additionally, the City is required to complete a public hearing, 15-day public comment period, as part of the City’s approval process, and will conduct four public meetings with each offering an opportunity for the public to offer comments.
Once the draft HOME-ARP Allocation Plan was released to the public on March 10, 2023, a summary of the City’s citizen participation efforts, including a summary of comments or views together with the City’s responses, was be submitted to HUD.
Needs Assessment and Gap Analysis
Consulted stakeholders and survey respondents provided information to identify gaps in the service delivery system for HOME-ARP qualified populations. Within the data collected, there was a consensus around the need for services for all QPs in order to obtain or retain rental housing in the form of financial assistance for back rent and utilities, funds for deposits, help with landlord negotiation around barriers (criminal history, lack of income, etc.), and housing searches.
Stakeholders and survey respondents further pointed to a high unmet need for housing case management, particularly for those with disabilities, and for enhanced mental health services in order to mitigate issues associated with the retention of stable housing.
Discussion among stakeholders revolved around the need to resolve barriers to housing and disparities in access to housing encountered by individuals and families within QPs due to a combination of:
(1) Insufficient income for housing, exacerbated by rising housing costs,
(2) Barriers to housing, including the lack of accessible units for the physically disabled, lack of qualifying income, criminal and credit history, active substance abuse, mental illness, and others;
(3) Disparities in available housing and services for those who are disabled, immigrants, refugees, Black or African Americans, Hispanics, victims of domestic violence, veterans, youth (18 -24), and others; and
(4) Lack of sufficient supportive services, including mental health services, comprehensive case management, housing search and placement services (housing searches, landlord negotiation, financial assistance, etc.), and others.
An analysis of the survey, together with the comprehensive stakeholder input, indicate that the highest unmet need in the City is resources to provide long-term housing subsidies, and as necessary, emergency housing strategies (landlord intervention, prevention payments, together with comprehensive housing support services in order to mitigate instances of homelessness or housing instability in the City.
While all of the HOME-ARP eligible support service needs are high needs, the eligible activities most frequently discussed as priorities for funding are:
(1) Rent subsidies or supportive housing assistance utilizing affordable housing development and/or TBRA with priority on a housing first, rapid re-housing approach;
(2) Homelessness prevention payments and associated activities; and
(3) Services for wrap-around activities that are necessary to address issues leading to housing instability and barriers to successful outcomes for stable permanent housing.
HOME-ARP Funding Recommendations
The City will partner with local not-for-profit agencies, developers, and contractors to administer eligible activities through a competitive Request for Proposal (RFP) process. Applications will be solicited through various means of distribution such as the internal CDD distribution list for local stakeholders, local newspapers, City’s-CDD website, and other methods in consultation with the Mayor’s Office to ensure a fair and transparent application and review process. The City’s CDD will not directly administer eligible activities and will allocate funding to local qualified partners who will administer eligible activities.
Type of Activity Funding Amount Percent of the Grant Statutory Limit
Supportive Services $1,200,000 44% N/A
Tenant Based Rental Assistance (TBRA) $400,000 15% N/A
Development of Affordable Rental Housing $850,000 31% N/A
Non-Profit Operating $0 0% 5%
Non-Profit Capacity Building $0 0% 5%
Administration and Planning $276,703 10% 15%
Total HOME ARP Allocation $2,726,703 100% N/A
Stakeholders that participated in the City’s survey and consultation process outlined a wide variety of unmet needs for all QPs. The City, based upon these findings, will allocate funding to Administration and Planning, Development of Affordable Rental Housing, TBRA, and Supportive Services activities to ensure selected partners and their clients have access to activities to guarantee the best possible outcomes.
The City will utilize 10% of its HOME-ARP allocation for Administration and Planning including a set aside for fair housing activities and planning associated with affirmatively furthering fair housing.
Additionally, 31% of funds will be set aside to support, preserve, or develop affordable housing for QPs. Single-family homes and small multi-unit (1-4 units) properties will be prioritized for partners to acquire that primarily serve a QP. The City estimates that a maximum of nine HOME-ARP QP units will be created.
Next, 15% of HOME-ARP funds will be set aside for TBRA. The City will provide funding to partners that primarily serve QPs.
Lastly, 44% of HOME-ARP funds will be set aside for Supportive Service activities. While all of the HOME-ARP eligible support service needs are high needs, the highest unmet needs for funding include:
(1) Subsidized rent or supportive housing assistance utilizing affordable housing development and/or TBRA with priority on a housing first, rapid re-housing approach;
(2) Homelessness prevention payments and associated activities; and
(3) Services to wrap around activities that are necessary to address issues leading to housing instability and barriers to successful outcomes for stable permanent housing.
Preferences and Referral Methods
The City did not identify a preference or specific referral method to administer HOME-ARP funds for QPs and will rely on partner agencies administering funding to establish a method of prioritization based on the activity administered. Methods of prioritization or referrals may include a waiting list, emergency status of need, and additional methods established by partner agencies to maximize funding and outcomes based on outcomes established in the partner agencies’ signed agreement. The City’s needs assessment has outlined a variety of unmet needs across all four QPs and eligible activities within HOME-ARP and because of this, the City will work with its partners to establish methods of prioritization for each activity funded.
2023 HOME-ARP Program Next Steps and Included Exhibits
Staff members are preparing Substantial Amendment 2023-#2 to the 2021 Annual Action Plan for submittal to the U.S. Department of Housing and Urban Development.
The Exhibits include the following documents:
A. Draft HOME-ARP Needs Assessment;
B. Draft 2023 Action Plan Substantial Amendment 2023-#2;
C. Comparable Illinois Communities HOME-ARP Allocation Plans.
In accordance with the City of Aurora’s Citizen Participation Plan and the requirements of the U.S. Department of Housing and Urban Development Department, the 15-day notice for the Substantial Amendment 2023-#2 was posted in the Reflejos Newspaper on March 3, 2023 and the Beacon News on March 5, 2023, with the public comment period opening on March 10, 2023 and closing on March 24, 2023 at 4 p.m.. This document will also be made available on the City’s website. A public hearing is scheduled to be held on March 20, 2023 at 5:00 p.m.
After the approval of Substantial Amendment 2023-#2, City staff members will seek HUD approval and begin the process of selecting partners through a competitive RFP process with all recommendations being submitted through additional substantial amendments and approval from City Council which is expected to take place later this summer and agreements executed at the beginning of fall 2023.
Impact statement:
HOME-ARP funds in the amount of $2,726,703 will support investments in providing affordable housing opportunities and supportive service activities for residents that are homeless or at risk of homelessness.
Recommendations:
Staff members recommend approval of a Resolution authorizing approval of Annual Action Plan Substantial Amendment 2023-#2 – HOME-ARP Needs Assessment Findings and Recommendations. Staff members request authorization for the City’s Mayor, Chief Community Services officer, Community Development manager, or their designees to execute any contracts as well as any other documents associated with Substantial Amendment 2023-#2 including but not limited to HUD’s program administration requirements.
• Consent was given to a Resolution authorizing the acceptance of bid pricing for the purchase of radiograph (Xray) equipment for the Phillips Park Zoo, from MinXray Inc., in the amount of $50,408.
City government of Aurora documents show the Phillip’s Park Zoo utilizes radiograph services from the University of Illinois Veterinary Teaching College or transports zoo animals to the appropriate Veterinary Hospitals which has resulted in increased costs for transport/contracting out of these services.
Zoo staff members determined that the purchase of it’s own radiograph equipment would result in more timely care to the animals in residence at the Zoo. In 2022 a decision package was approved to begin the process for purchase of the equipment.
Zoo staff members consulted with the Zoo’s veterinarian, who also consulted with other veterinarians who routinely perform remote radiographs on large animals. The consensus of these professionals was that the Enduras Wireless X-Ray system is a suitable and reliable equipment set for use in the Phillips Park Zoo, providing appropriate flexibility to allow it to work for small animals, while in a clinic setting, but also be transportable and sufficiently rugged to allow for radiographs in the field.
With the help of the Purchasing Department, a Bid 23-05 (Phillip’s Park Zoo Radiograph Equipment) was advertised and resulted in the receipt of three bids.
Of the three bids received, MinXray Inc, of Northbrook, Illinois, submitted the lowest bid for the equipment requested.
Funds for this purchase are budgeted in 2023 and allocated in account 101-4441-451.63-99.
Local vendor preference is applicable for Bid 23-05 but was not a factor.
MinXray Inc. is not indebted to the City.
Impact statement:
Denying approval of this request will result in continued difficulty in securing appropriate radiographs for animals residing in the Phillips Park Zoo and further result in reduced animal well-being and increased cost for transport/contracting out of these services to other groups.
• Consent was given to a Resolution authorizing a contract with Performance Construction & Engineering, LLC in the amount of one million, thirty-eight thousand, seven hundred eighty dollars and zero cents ($1,038,780.00) for the Hinman Avenue and 2nd Avenue Sewer Separation and Water Main Replacement project.
The purpose is to install new storm sewer removing stormwater from the combined sewer system at several locations near Hinman Avenue and 2nd Avenue. Water main replacement has been deemed necessary on Hinman Avenue between 4th Avenue and 5th Avenue to improve water quality and system capacity. The existing 4” water main will be replaced with 8” ductile iron water main.
City government of Aurora documents show a new storm sewer will be installed to remove these surface drainage flows from the combined sewer system. This project will help satisfy the requirements associated with the City’s Long Term Control Plan and the City’s Illinois Environmental Protection Agency Combined Sewer System Overflow. Lead water services within the project corridor will be replaced with the approval of each homeowner.
The proposed improvements have been publicly advertised and bid in conformance with City procedures. Five conforming bids were received, publicly opened and read aloud on March 1, 2023. The low bidder, Performance Construction & Engineering, LLC, has successfully completed similar projects for the City in the past. This contract is subject to the local vendor preference ordinance. However, none of the contractors submitting bids were eligible according to the requirements listed in the ordinance.
A portion of the project amount ($575,000.00) is budgeted for in 2023 within account 510-4058-511-73-02 (IC076, $11,950,000.00 Water Main Replacement). A remainder of the project amount ($463,780.00) is budgeted for in 2023 within account 281-1856-512-73-09 (B031, $2,550,000.00 LTCP sewer separation).
Impact statement:
Traffic will be detoured to adjacent blocks, but the increase in traffic on the adjacent neighboring blocks will be temporary and negligible. Water and sanitary service interruptions will be kept to a minimum during construction of this project.
• Consent was given to a Resolution awarding Cox Landscaping LLC, Yorkville, Ill. as the 2023 contractor for Downtown mowing and landscape maintenance for 2023 in the amount of $33,100, with the option for two, one-year extensions.
City government of Aurora documents show Downtown Services division is responsible for mowing and landscape maintenance of the downtown area. Mowing and maintenance includes 17,000 square yards of area adjacent to parking lots, and 21,300 square yards of green open space and right-of-way.
A formal bid request was sent out for the mowing and landscape maintenance of the downtown for the 2023 season and included the option for two, one-year extensions. Responses were received from 4 vendors. Cox Landscaping, LLC from Yorkville, Ill. was the lowest responsible bidder who submitted bids for all tasks proposed. The bid did not allow for splitting the services among multiple vendors. References listed on Cox’s bid were called and the reviews were positive. The contracted vendor will provide mowing services, shrub trimming and edging, and spreading of City supplied mulch as needed. The mowing season typically runs April to the end of October.
The City’s Local Preference Ordinance did apply, however no local contractors submitted.
Funding for the services will be accounts 520-4432-437.36-15 ($13,100) and 101-4030-418.36-15 ($20,000). Both mowing accounts will have enough funds to cover the year 2023 expenses.
• Consent was given to a Resolution requesting the designation of Bilter Road from Farnsworth Avenue to Eola Road as a Federal Aid Urban Route.
The purpose is to provide a resolution of support for the application of Bilter Road to become a Federal Aid Urban (FAU) Route.
City government of Aurora documents show in order to be eligible to utilize certain federally funded roadway programs, the streets in the City need to be classified as a FAU Route. Occasionally the Illinois Department of Transportation (IDOT) and Kane-Kendall Council of Mayors (KKCOM) will collaborate on a system wide update. This system wide update generally includes the addition of new routes, classification changes, and potentially route removals on segments that don’t meet policy. The City does have an option to apply for individual routes to potentially be added to the FAU system.
City government officials have identified Bilter Road from Farnsworth Avenue to Eola Road as a candidate for addition to the Federal Aid Route system. Farnsworth Avenue and Eola Road are both already included in the Federal Aid system as an FAP and FAU route, respectively. This segment of Bilter Road appears to be a gap in the existing system, especially after the Tollway interchange for Eola Road was built.
By asking for the roadway to be individually added to the system now, it will hopefully be added and eligible in time for the next KKCOM Call for Projects anticipated in early 2024. City staff members identified some potential improvements in this corridor to be completed around or soon after the Hollywood Casino moves to Farnsworth Avenue.
Based on existing and proposed development along this stretch of Bilter Road, it is anticipated traffic volumes will increase, and the addition of this route to the Federal Aid system will more readily allow the City to improve safety and congestion along the corridor.
• Consent was given to a Resolution requesting the designation of Eola Road from US 30 to Keating Drive as a Federal Aid Urban Route.
The purpose is to provide a resolution of support for the application of Eola Road to become a Federal Aid Urban (FAU) Route.
City government of Aurora documents show in order to be eligible to utilize certain federally funded roadway programs, the streets in the City need to be classified as a FAU Route. Occasionally the Illinois Department of Transportation (IDOT) and Kane-Kendall Council of Mayors (KKCOM) will collaborate on a system wide update. This system wide update generally includes the addition of new routes, classification changes, and potentially route removals on segments that don’t meet policy. The City does have an option to apply for individual routes to potentially be added to the FAU system.
City government officials have identified Eola Road from US 30 to Keating Drive as a candidate for addition to the Federal Aid Route system. Keating Drive and US 30 are both already included in the Federal Aid system as an FAU and FAP route, respectively. This segment of Eola Road appears to be a gap in the existing system, especially considering the remaining length of Eola Rd within the City is an FAU route.
By asking for the roadway to be individually added to the system now, it will hopefully be added and eligible in time for the next KKCOM Call for Projects anticipated in early 2024.
Based on existing and proposed development along this stretch of Eola Road, it is anticipated traffic volumes will increase, and the addition of this route to the Federal Aid system will more readily allow the City to improve safety and congestion along the corridor.
• Consent was given to a motion authorizing and directing the Chief Human Resources Officer to execute a settlement agreement on behalf of the City in Worker’s Compensation Claim #189631894.
• Final approval for items on the consent agenda are set to be made at the March 28 Aurora City Council meeting.
• No action was needed for two Resolutions approving a Revision to the Final Plat for PAS Plaza Resubdivision, at the Southwest Corner of Butterfield Road and North Farnsworth Avenue, and Establishing PAS Plaza Subdivision
The Petitioner, CIMA Developers, is requesting approval of a Final Plat Revision for a Retail Sales or Service (2100) use, PAS Plaza Subdivision, which consists of two lots for commercial and gasoline usage, as well as one lot for stormwater detention. In addition, a Drive-In Restaurant (2520) use, and a Truck Stop Establishment (2841) use.
City government of Aurora documents show the property is zoned B-2(C), Business District – General Retail with a Conditional Use Planned Development, and OS-1(C), Conservation, Open Space, and Drainage District with a Conditional Use Planned Development. The property is approximately five acres. There is an existing gas station and car wash on the property, and the remainder of the property is vacant land. The proposal does not include the single-family home to its southwest.
The property’s zoning was established per O20-112, which was approved on December 22, 2020, and modified the previously existing Plan Description, O15-042, to include the Truck Establishment (2841) as a permitted use. The Preliminary Plat and Plan was approved per R20-318 on December 22, 2020, and established the current three (3) lot subdivision’s layout.
The Petitioner is requesting of a Final Plat Revision for PAS Plaza Subdivision, at the southwest corner of Butterfield Road and North Farnsworth Avenue. The details of the request include a three (3) lot subdivision. Lot 1 is approximately 2.3 acres, and fronts on N. Farnsworth Ave. and Butterfield Rd. Lot 2 is approximately two (2) acres, fronts on Butterfield Rd., and shares access with the commercial development to the west, as well as the single-family residential lot to the southwest. Lot 3 is approximately .75 acres and contains a detention pond.
Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan Revision for the PAS Plaza subdivision, at the southwest corner of Butterfield Road and North Farnsworth Avenue, and which outlines the proposed development of the entire three lot subdivision. Lot 1 contains the existing gas station and carwash, as well as a new truck fueling station, which is permitted as a Truck Establishment (2841) use, and a new exit onto N. Farnsworth Avenue for trucks leaving the fueling station. Lot 2 consists of an approximately 10,000 square foot building that contains multi-tenant retail space and a drive-in restaurant. Lot 2 will also expand the existing western Butterfield Rd access point as a right-in, right-out, and also provide shared access to the adjacent western and southwestern lots. The proposed commercial building’s exterior consists of stone and masonry materials. The Petitioner has also provided tasteful landscaping that not only surpasses the minimum Zoning requirements, but also screens the single-family residential lot from the new commercial development.
Staff members reviewed the Final Plat resolution petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances, with the exception of the items reflected in the conditions listed below in the staff members’ recommendation.
Policies and guidelines:
The staff members’ evaluation and recommendation are based on the following Physical Development Policies:
11.1 (3): To encourage new development contiguous to existing development.
11.1 (5): To guide and promote development to areas where public utilities, public roads, and municipal services are either available or planned.
14.1 (4): To encourage quality site design throughout the City.
14.1 (5): To provide for the visual enhancement of the City through attractive landscaping, quality signage, and diverse building design and arrangement.
63.1 (1) To promote an integrated pedestrian circulation system in the City.
Recommendations:
The Planning and Zoning Commission recommended conditional approval of the resolution approving a revision to the Final Plat for PAS Plaza Resubdivision, at the southwest corner of Butterfield Road and North Farnsworth Avenue, and Establishing PAS Plaza Subdivision, with the following conditions:
1) That, prior to final engineering being approved for the property, that the necessary easements for vacation and dedication of the private drive on the property be recorded at the Kane County Recorder’s office.
2) That, prior to final engineering being approved for the property, that the Final Plat be revised as necessary based on Engineering review comments.