By Jason Crane
At the Aurora city government City Council meeting Tuesday, mayor of Aurora, Richard C. Irvin presented the Mayor’s Award of Latin-Xcellence to sisters of Iota Alpha sorority for their help with Ward 1 alderman Emmanuel S. Llamas back to school event.
Sigma Iota Alpha is a Latina-oriented Greek letter intercollegiate and independent sorority, founded September 29, 1990, by 13 women from SUNY Albany, Stony Brook University, SUNY New Paltz, and Rensselaer Polytechnic Institute.
In addition, the Mayor’s Award of Latin-Xcellence went to Phi Iota Alpha fraternity for their help in the community.
Phi Iota Alpha, established December 26, 1931, is the oldest Latino Fraternity in existence, and works to motivate people, develop leaders, and create innovative ways to unite the Latino community.
• There was one speaker seeking to use her voice for up to three minutes: Melissa Mercado, executive director of the Fox Valley Music Foundation’s The Venue in Aurora, informed the City Council about the recently-formed partnership between Pete Ellman Big Band for an educational residency at The Venue in October.
The residency series would include weekly jazz big-band concerts, bringing in high schools, college bands, and middle schools from throughout the Fox Valley.
• No speakers signed up for a public hearing regarding a proposed increase in the business district retailers’ occupation tax rate and the business district service occupation tax rate from 0.25% to 0.5% within the boundaries of the Aurora Pacifica Square Business District No. 1.
City government of Aurora documents show in order to amend a business district tax rate, the City must complete three steps: 1). adopt an ordinance proposing the rate change (legistar item 21-0723); 2). provide notice by publication at least twice of the proposed change and schedule a public hearing; and 3). adopt an ordinance authorizing the rate change (Item 21-0410).
The Pacifica Square Business District was established in 2019 with a tax rate of 0.25%. The maximum rate allowable is 1.0%. The developer of the Pacifica Square Mall and all the improvements thereof has established many new businesses in the mall and has requested that the tax rate be increased from 0.25% to 0.50%. Revenues associated with this increase will be completely devoted to the payment of private debt for this improvement as well as future plans for the second phase of the development at Pacifica Square.
September 3 the Committee of the Whole authorized the placement of Item 21-0410, an ordinance authorizing the rate change from 0.25% to 0.50% on the City Council’s consent agenda. September 14 the City Council adopted the ordinance attached to item 21-723, setting a hearing date for a hearing on the rate increase on September 28. Because the implementation of this change first requires adoption of an ordinance proposing the change (legistar item 21-0723) and a public hearing on the proposed change, Item 21-0410 was put on the consent agenda of City Council meeting of September 28. The required public hearing will occur September 28, prior to the Council’s consideration of its consent agenda. In between meetings, staff members caused notice of the passage of this ordinance and the public hearing September 28 to be published twice, as required by law.
The City Council approved the following agenda items:
• Approved was a resolution approving the appointment of Christopher Minick to the Aurora Firefighters Pension Fund Board.
City government of Aurora documents show the Aurora Firefighters Pension Fund Board is a five-member board. Three of the five members are elected, two by active pension members and one by the beneficiaries. The remaining two members are appointed by the mayor.
• Approved was a resolution approving the appointments of the members of the City’s administrative boards, including the Fox Walk Overlay District Design Review Committee and Public Art Commission.
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 nominations brought forth represent a mix of veteran candidates and newcomers. They are: Fawn Clark Peterson, Clara Diaz, Marc Straits, Rafael Blanco, Natasha Ritsma, Bryan Joseph, Megan Paul, Javi Terrazas, and Michael Mancuso.
• Approved was a resolution approving the appointment of Christopher Minick to the Aurora Police Pension Board.
City government of Aurora documents show the Police Pension Board is a five-member board. Two of the members are elected by active members and one member is elected by the beneficiaries. The remaining two members are appointed by the mayor.
• Approved was a resolution approving the appointments of the members of the city’s Cultural and Historical Heritage Boards including the African American Heritage Advisory Board, Hispanic Heritage Advisory Board, Indian American Community Outreach Advisory, Board and the Grand Army of the Republic Memorial Commission.
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 nominations brought forth represent all veteran candidates. They are: Glenda Blakemore, Marc Dale Jr., Deborah Goss Johnson, Sandra Harrison, Blanca Saavedra, Zayra Gonzalez, Karina Suarez-Darden, Melissa Sosa, Laura Ayala, Gil Rios, Rafael Martinez, Sukanya Rangarajan, Sharon Garcia, Sunil Patel, Roopa Anjanappa, Nadia Kanhai, Leela Karumuri, Sandeep Londhe, Kunal Majmundar, Michael Sawdey, Jared Ploger, and Michael Scott Collins.
• Approved was a resolution approving the appointments of the members of one of the city’s Advisory Boards, the Veterans Advisory Council.
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 nominations brought forth represent all veteran candidates. They are: Jon Leask, Randy Fisher, Will Hart, Joshua Pfeffuer, and Jose Jesus Cervantes.
• Approved was a resolution to award a contract to Martam Construction, Inc. in the bid amount of $301,765.00 for the 2021 Bridge Rehabilitation Project.
The purpose is to award a construction contract for various bridge maintenance projects throughout the City.
City government of Aurora documents show the City inspects and maintains 33 bridges on the local street network. To insure public safety, the City of Aurora’s bridges are inspected according to the Federal Highway Administration (FHWA) National Bridge Inspection Standards (NBIS). The inspection data is used by the Illinois Department of Transportation (IDOT) to allocate funding for bridge projects. The Engineering Division reviews the reports to monitor bridge conditions, and plan for repairs and maintenance activities.
Based on the reports, IDOT’s recommendations and the available budget for the year, the Engineering Division went out to bid for a project that included the scope of work on the following bridges:
-New York Street bridge crossing the Fox River. The type of work performed would be washing, protective coat, structural and deck repair.
-Downer Place bridge crossing the Fox River E. The type of work performed would be washing, protective coat.
-Downer Place bridge crossing the Fox River W. The type of work performed would be washing, protective coat.
-Sullivan Road bridge crossing the Fox River. The type of work performed would be washing, protective coat, structural repair.
-Wood Street bridge crossing the BNSF (Burlington Northern Santa Fe railway). The type of work performed would be washing, protective coat.
-Farnsworth Avenue bridge crossing the BNSF (Burlington Northern Santa Fe railway). The type of work performed would be washing, protective coat, structural & deck repair.
-Indian Trail bridge crossing the Fox River E. The type of work performed would be deck repair.
-Benton Street bridge crossing the Fox River. The type of work performed would be structural repair.
-Farnsworth Avenue bridge crossing the Indian Creek. The type of work performed would be structural repair.
This project was advertised July 30, 2021 in the Aurora Beacon News, several vendors viewed the documents from the City’s website and bids were opened and publicly read August 16, 2021. The lowest responsible bid was submitted by Martam Construction, Inc. of Elgin in the amount of $301,765.00 which is 6.6% less than the Engineer’s Cost Estimate.
The local preference ordinance does apply to this bid, however both bidders were not local. Martam Construction, Inc. is at 1200 Gasket Drive in Elgin.
The improvements will be funded with account 340-4460-431.73-80 (G016 – Bridge Rehabilitation) which has a 2021 budget of $400,000.
Construction was set to begin in September and to be completed by November, depending on weather. Minor impacts to local traffic are expected during construction activities.
• Approved was a resolution financially supporting City Safe Routes to School (SRTS) projects in SD129, SD131, SD204 & SD308, if grant is awarded.
The purpose is to execute a resolution in support of the proposed Safe Routes to School projects for SD 129, 131, 204 & 308 with financial commitment.
City government of Aurora documents show Safe Routes To School (SRTS) is a federal grant funding program to improve conditions for students walking/biking to school. The grant program is a reimbursable program and serves three main goals:
To enable and encourage children, including those with disabilities, to walk and bicycle to school.
To make biking and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age;
To facilitate the planning, development, and implementation of projects and activities that will improve safety, reduce traffic, fuel consumption, and air pollution in the vicinity (within two miles) of elementary and middle schools (grades K-8).
City staff members have identified infrastructure improvements such as elimination of sidewalk gaps & enhance crossing facilities at intersections, to provide safe and continuous routes for students to walk or bike to school, in each of the four school districts:
School district 129: Proposed improvements involve filling sidewalk gaps/adding new sidewalk to connect to existing infrastructure, updating ADA ramps and detectable warning surfaces, pedestrian/bike signage, new pavement markings such as crosswalks and stop bars, all per existing IDOT standards.
School District 131: Proposed Improvements involve extending curbs to shorten pedestrian roadway crossings at identified intersections near schools, filling sidewalk gaps, updating ADA ramps and detectable warning surfaces.
School District 204: Installing solar powered speed radar signs at identified locations, extending curbs and improving overall safety by updating ADA ramps, pavement marking upgrades for crosswalks & stop bars, extending medians and installing rectangular rapid flashing beacons at certain intersections for safe vehicular/pedestrian movement.
School District 308: Proposed improvements involve filling a sidewalk gap, upgrading stop signs, installing flashing beacons, extending curb and gutter and refresh pavement markings at selected locations.
The SRTS grant program requires a city government resolution be executed in financial support of the proposed improvements.
The grant program is a reimbursable 80/20 split program with a funding cap of $250,000.00 and is eligible for construction and construction engineering only. Preliminary engineering is not eligible for the grant and has to be 100% locally funded.
• Approved was an ordinance to enter into an Intergovernmental Agreement with the Illinois Department of Transportation regarding Phases 1 and 2 of the redevelopment at Fox Valley Mall.
City government of Aurora documents show in order for Phase 1 of the redevelopment plan at Fox Valley Mall to proceed, IDOT signed off on a traffic study for Phase 1 and signed off on the plat of subdivision; however, IDOT has concerns about the potential future impact of Phase 2 vehicular traffic on Route 59. As a result, IDOT, has requested to retain the right and authority to review and approve an updated Traffic Study for Phase 2 once the development plan for Phase 2 is further refined. This intergovernmental agreement allows IDOT to retain review authority of the updated traffic study so that they will still have the ability to assess if there are any additional off-site traffic improvements needed on Route 59 as a result of Phase 2.
In November 2020, the subject property (the area previously occupied by Sears) was rezoned to R-5A(C) Multiple Family Dwelling District with a Conditional Use Planned Development (previously approved as Special Use Planned Development), and at the same time a Final Plat and Preliminary Plan were approved for the subject property. On February 2, 2021, the Aurora City Council approved a Final Plan for Multi-Family Dwelling. This Final Plan consists of three three-story multiple family residential buildings with residential units on all floors, at-grade tuck under parking garages, private open space, private amenities, and two associated one-story covered parking structures.
The City and the developers would like to see the project advance, and are willing to allow IDOT to retain authority to review and approve the updated Phase 2 traffic study.
Once this Intergovernmental Agreement is executed by the City of Aurora and the Illinois Department of Transportation, IDOT will have the right and authority to review and approve the updated traffic study for Phase 2.
Staff members recommend the approval of this ordinance to enter into an Intergovernmental Agreement with the Illinois Department of Transportation.
• Approved was an ordinance vacating a watermain easement on Lot 1 of Aurora University 2nd Resubdivision at 347 S. Gladstone Avenue, in Kane County, Aurora
The petitioner, Aurora University, is requesting approval of a Plat of Vacation for a watermain easement.
City government of Aurora documents show the Petitioner, Aurora University, is proposing to build a residence hall on the Aurora University Campus north of Prairie Street and east of S. Evanslawn Avenue. As part of this project, the Petitioner will be rerouting the watermain so that it is not under the proposed building. Therefore, they are requesting approval of the Plat of Vacation for the watermain easement as the watermain is being removed.
The University will be granting a city easement over the new location of the watermain which the City engineer has authority to approve.
Staff members have reviewed the vacation ordinance, easement 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, except for the items reflected in the conditions listed in the staff member recommendation 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(3) To encourage new development contiguous to existing development.
Staff members recommend approval of the ordinance vacating a watermain easement on Lot 1 of Aurora University 2nd Resubdivision at 347 S. Gladstone Avenue, in Kane County, Aurora, with the following conditions:
That the documents be revised to incorporate the Zoning and Planning staff member comments included in the memo dated September 13, 2021 prior to building permit issuance.
• Approved was a resolution awarding the McCoy Dr/5th Ave & Kautz Rd Traffic Signal Installation project (MFT section no. 21-00340-00-TL) construction to the low bidder, H & H Electric Company of Franklin Park, IL, for the amount of $366,761.20 and the appropriation of Motor Fuel Tax (MFT) funds.
The purpose is to award the McCoy Drive/5th Avenue & Kautz Road Traffic Signal Installation project to the low bidder, H & H Electric Company and the appropriation of $366,716.20 of Motor Fuel Tax (MFT) funds for the project.
City government of Aurora documents show the project consists of installing traffic signals at the intersection of McCoy Drive/5th Avenue and Kautz Road, addition of an exclusive left turn lane on west leg; extending curb and gutter on the north east corner, widening the existing 5 feet wide sidewalk to 8 feet wide bike path at the NE corner, resurfacing the intersection with new pavement markings, adding appropriate signage, restoration and other miscellaneous work in accordance with the plans and specifications.
The project will provide pedestrian traffic signals for crossing the east intersection leg of McCoy Drive and south leg of the Kautz Road, accommodating multi-use path pedestrians and bicyclists.
The project bid was advertised on August 13, 2021. The City received 3 bids for the bid opening on September 1, the low bidder was H &H Electric Company at $366,761.20, approximately 10% below the Engineer’s estimate of $405,136.00.
Local preference does not apply to this project due to funding source. This project uses Motor Fuel Tax (MFT) Funds and would need appropriating the funds.
City’s 2021 budget provides funds through the following account:
GC 080 McCoy Dr/5th Ave & Kautz Road 203-4020-418-38-22 $366,761.20
Maintenance & energy costs for proposed traffic signal, are approximately $260 per month.
Staff members recommend approval of award to the low bidder H & H Electric Company and appropriation of MFT funding.
• Approved was a resolution establishing the maximum number of Class A: Package Sales liquor licenses (unofficially related to the application from Ruby Liquors, Inc., d/b/a Ruby’s Liquor at 1535 Butterfield Rd., Unit #101-105, Aurora). [Ward 1]
The purpose is to increase the number of Class A: Package Sales liquor licenses. Ruby Liquors, Inc., d/b/a Ruby’s Liquor, is opening a liquor store at 1535 Butterfield Rd., Unit #101-105 in Aurora and 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.
Ruby Liquors, Inc., d/b/a Ruby’s Liquor, is opening a liquor store at 1535 Butterfield Rd., Unit #101-105. The applicant’s store will be a complete build-out of two vacant units in an existing strip-mall. A liquor license application has been submitted requesting a license to offer the sale of package liquor for off-site consumption.
If approved, this resolution will increase the number of allowable liquor licenses as indicated in the accompanying Exhibit A to allow for the issuance of the 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.
The proposed resolution presents an opportunity to further the City of Aurora’s economic development and to bring additional business and people to the City of Aurora.
• Approved was a resolution establishing the maximum number of Class A: Package Sales liquor licenses (unofficially related to the application from GB License, LLC, d/b/a goPuff at 340 Marshall Ave., Aurora). [Ward 4]
The purpose is to increase the number of Class A: Package Sales liquor licenses. GB License, LLC, d/b/a goPuff, is opening an e-commerce store at 340 Marshall Avenue in Aurora and 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.
GB License, LLC, d/b/a goPuff, is opening an e-commerce store at 340 Marshall Ave. A liquor license application has been submitted requesting a license to offer the sale of package liquor for off-site consumption.
If approved, this resolution will increase the number of allowable liquor licenses as indicated in the accompanying Exhibit A to allow for the issuance of the 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.
The proposed resolution presents an opportunity to further the City of Aurora’s economic development and to bring additional business and people to the City of Aurora.
• Approved was a resolution to award a contract to Strand Associates, Inc. in the amount of $62,000.00 to update the Financial Capability Assessment of the City’s Combined Sewer Overflow Long Term Control Plan.
The purpose is to evaluate the potential benefits to the City of requesting a time extension from the IEPA for implementation of the City’s approved Combined Sewer Overflow Long Term Control Plan.
City government of Aurora documents show more than a century ago, cities across the United States, including Aurora and other communities up and down the Fox River, built combined sewers that took both sewage and stormwater away from homes and streets and discharged it directly into the River. In 1927, decades before the U.S. Environmental Protection Agency (USEPA) began requiring sewage treatment, forward-thinking Aurora residents supported the construction of a sewage treatment plant and new sewers. Those combined sewers are still in operation today and carry sewage and waste to the Fox Metro Water Reclamation treatment facility in Oswego, which cleans the water before returning it to the Fox River.
The combined sewer system can handle Aurora’s typical volume of both sewage and runoff, but during heavy rainstorms and snow melt too much water floods the sewers. When that happens, untreated sewage overflows into the Fox River or backs up into basements. This is called a combined sewer overflow, or CSO.
As a first step toward solving this problem, Aurora and other cities across the country eventually began installing more modern storm sewer systems separate from the sewers that carry sewage from homes and businesses. The USEPA’s 1994 CSO Control Policy required communities like Aurora to further develop and implement a CSO Long Term Control Plan (LTCP). Aurora’s LTCP was submitted in 2010 and approved by the Illinois Environmental Protection Agency (IEPA) in 2015. The Plan relies on various strategies ranging from sewer separation and green infrastructure to the construction of storage and treatment facilities. Implementing the Plan has cost the City $51.6 million so far and is expected to cost another $105 million by the time the scheduled projects are completed in 2030.
The City’s approved LTCP includes a list of projects that must be constructed. Another component is the timeframe in which the City is required to complete those projects, which is based on a Financial Capability Assessment, or FCA. The FCA incorporates numerous factors such as Aurora’s Median Household Income, the cost of utility bills, trends in local employment or unemployment, and the City’s financial information. All of those factors have likely changed over the past decade, but the Lead Service Line Replacement Program that has been mandated by the State will increase the City’s utility expenses by $200 million over the next 30 years. Therefore, it may be in the City’s best interest to request a time extension from the IEPA for implementing the LTCP.
The proposal from Strand Associates, Inc. to update the City’s FCA and evaluate the benefits of an extension of the LTCP implementation schedule by five years, seven years, and ten years. Strand Associates, Inc. is uniquely qualified for this project as the firm that prepared the City’s LTCP.
Project B031 account 281-1856-512.73-09 has a remaining balance of $1.5 million.
The services provided under this Purchase Order will have no impact on the public.
• Approved was a resolution authorizing a contract with H. Linden & Sons Sewer and Water, Inc., 722 E. South Street, Unit D, Plano, IL 60545 in the amount of one hundred eighty-seven thousand, three hundred thirty-three dollars and zero cents ($187,333.00) for the Plum Street Sewer Separation project in Ward 6.
The purpose is to install new storm sewer removing stormwater from the combined sewer system along Plum Street between N. Highland Avenue and N. May Street. There have been several basement back-ups during storm events in this neighborhood.
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.
The proposed improvements have been publicly advertised and bid in conformance with City procedures. Six conforming bids were received, publicly opened and read aloud on September 1, 2021. The low bidder, H. Linden & Sons Sewer and Water, Inc. has successfully completed similar projects for the City in the past.
This contract is subject to the local vendor preference ordinance. However, the only bidder eligible for the local ordinance adjustment was the lowest bidder and not within the applicable range.
The total project amount of $187,333.00 is budgeted for in 2021 within account 281-1856-512-73-09 (B031, $4,300,000.00 LTCP sewer separation.
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 will not be interrupted during construction of this project.
• Approved was an ordinance to amend Sections 6-10, 6-13, 6-15, 6-18 and 6-25 of Chapter 6 – Alcoholic Liquor, of the Code of Ordinances, City of Aurora
The purpose is to update the above-referenced sections of Chapter 6 of the Code of Ordinances to reflect amendments made to the license classifications pursuant to O20-023 on April 14, 2020.
City government of Aurora documents show on April 14, 2020, the City approved amendments to Chapter 6 pursuant to O20-023. The amendments modified the liquor license classifications, making most specific references to license classifications in the Code inaccurate. The proposed amendments remove references to obsolete classifications and specifically identify the current license types by name for clarification and ease of reference.
The proposed amendments are not substantive changes but are made to clarify license classifications subsequent to the updates made pursuant to O20-023. The proposed changes will assist staff members and the general public with their understanding of Chapter 6 – Alcoholic Liquor.
This change will update Chapter 6 – Alcoholic Liquor to accurately reflect changes that were made pursuant to O20-023.
• Approved was a resolution approving the appointments of the members of the city’s Cultural and Historical Heritage Boards including the African American Heritage Advisory Board, Hispanic Heritage Advisory Board, Indian American Community Outreach Advisory, Board and the Grand Army of the Republic Memorial Commission.
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 nominations brought forth represent all veteran candidates. They are: Glenda Blakemore, Marc Dale Jr., Deborah Goss Johnson, Sandra Harrison, Blanca Saavedra, Zayra Gonzalez, Karina Suarez-Darden, Melissa Sosa, Laura Ayala, Gil Rios, Rafael Martinez, Sukanya Rangarajan, Sharon Garcia, Sunil Patel, Roopa Anjanappa, Nadia Kanhai, Leela Karumuri, Sandeep Londhe, Kunal Majmundar, Michael Sawdey, Jared Ploger, and Michael Scott Collins.
• Approved was a resolution approving the appointments of the members of one of the city’s Advisory Boards, the Veterans Advisory Council.
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 nominations brought forth represent all veteran candidates. They are: Jon Leask, Randy Fisher, Will Hart, Joshua Pfeffuer, and Jose Jesus Cervantes.
• Approved was an ordinance authorizing the execution of a cable television franchise agreement with Comcast of Illinois XIIII, LP.
The purpose is to grant Comcast non-exclusive cable television franchise agreement within the City for an additional 10 years.
The regulations and guidelines regarding municipal cable television franchises are primarily governed by the Cable Communications and Policy Act of 1984 (the Cable Act) and the Cable Television Consumer Protection and Competition Act of 1992 (the 1992 Cable Act). Certain tenants of the Illinois Municipal Code, our Code of Ordinances, the Illinois Cable and Video Customer Protection Law and FCC Technical Standards are also applicable to the proposed franchise agreement.
The proposed franchise agreement governs video services only and conforms to all federal, state and locally prescribed standards for customer service, technical performance, public right-of-way usage, Public Educational-and-Governmental (PEG) capacity, and financial obligations.
By and large, the contract remains consistent with previous agreements, with minor revisions to reflect changes in language and procedures over the past decade. The most recent franchise between the City and Comcast was approved by the City Council on April 26, 2011 as Ordinance O11-016 and became effective June 24, 2011.
Comcast timely notified the City of its desire to renew its franchise with the City and the Law Department and Comcast worked together to prepare an agreement with input from the Mayor’s Office and the Mayor’s Office of Community Affairs.
Approval of this ordinance grants Comcast a franchise to operate a cable system within the City for an additional ten years. As noted before, this is a non-exclusive franchise agreement.
• Approved was a resolution to accept the public improvements and maintenance security for the completed Topline Square, COA case number 19.054, 1521 Ogden Avenue in Aurora, Illinois Ward 9
City government of Aurora documents show the purpose is to accept the public improvements installed by the Developer of this project and to approve the establishment of the required, one year, 20% maintenance security for these improvements.
This is a commercial development that constructed a single commercial building in Aurora which included public improvements. In accordance with Section 43-55(a)(3) of Aurora’s Municipal Code, the Developer of the Project posted a security to ensure completion of these proposed public improvements including water supply system for the site.
This development has now completed all installations, inspections and submissions that make it eligible to be recommended by the Engineering Division for final acceptance of these improvements and for the Developer to establish the required one year maintenance security. As required by Section 43-103(c) of the Municipal Code, the Engineering Division has reviewed, approved and filed as-constructed record plans of the development which depict these public improvements and has completed and approved a final site inspection of said improvements via our onsite consultant. Based on our review and approved site inspection, it is recommend by the Engineering Division, that City Council accept the public improvements, as well as; require as a condition of this acceptance that the developer submit the required one year maintenance security at a value of 20% of the original developments security.