City Council — Aurora, IL
Date: 2018-01-09

City Hall - 2nd Floor Council
 City of Aurora Chambers
 44 East Downer Place
 Aurora, IL
 City Council

 Agenda - Final-revised
 Tuesday
 January 09, 2018
 6:00 PM


 ROLL CALL

 PLEDGE OF ALLEGIANCE

 INVOCATION

 MINUTES OF THE MEETINGS OF TUESDAY, DECEMBER 12, 2017 AND TUESDAY,
 DECEMBER 19, 2017
 17-01200 Approval of the Tuesday, December 12, 2017 City Council Meeting Minutes.


 17-01201 Approval of the following Closed Session Minutes: December 12 , 2017.

 17-01208 Approval of the Tuesday, December 19, 2017 City Council Meeting Minutes.


 APPOINTMENT OF SERGEANT-AT-ARMS

 PRESENTATIONS

 18-0022 Recognition of Don Truax for his Year's of Service to the Aurora Preservation
 Commission.
 MAYORAL APPOINTMENTS

 17-01206 A Resolution Appointing Lawrence Lenior to the Aurora Veterans Advisory
 Council.

 17-01209 A Resolution Appointing Jennifer Baird-del Debbio and reappointing Daniel Miller
 to the Aurora Preservation Commission.

 SPEAKERS




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 CONSENT AGENDA

 17-01107 A Resolution authorizing approval of the Supplemental Contract #1 for Engineering
 Enterprises Inc. for their additional engineering work conducted as part of Phase 1
 & II for Kautz Road Multi-Use Path Project.

 17-01124 A Resolution establishing the maximum number of Class G City of Aurora liquor
 licenses (unofficially related to application from: Welcome Food and Beer, Inc.
 dba Angelina's Food and Beer located at 2218 Ogden Avenue, Aurora, IL) .

 UNFINISHED BUSINESS

 17-01129 A Resolution Approving the 2018 Annual Action Plan Funding Recommendations
 - Community Development Block Grant (CDBG) and HOME Investment
 Partnership Act Programs (HOME) .

 17-01135 A Resolution Authorizing the Mayor and City Clerk to amend Resolution R17-348
 and to execute the revised Local Agency Agreement with the State of Illinois
 (IDOT) and approve the project cost increase for the Aurora Transportation Center
 (ATC) Regional Facility Enhancement Project .

 17-01213 A Resolution Authorizing Implementation of a Revised Anti-Harassment/Sexual
 Harassment Policy for the City of Aurora Pursuant to State Law .

 NEW BUSINESS

 18-0016 A Resolution Authorizing the Appointment of Deborah Lang as the Assistant
 Corporation Counsel.

 OLD BUSINESS

 17-00519 Reconsideration of an Ordinance Approving a Revision to the Eola Venture I Plan
 Description on 2.66 Acres for Property located at 245 N Eola Rd being south of
 Diehl Road and east of Eola Road

 18-0005 A Resolution adopting findings of fact in support of the City Council's action with
 respect to Item 17-00519, an Ordinance Approving a Revision to the Eola Venture
 I Plan Description on 2.66 Acres for Property located at 245 N Eola Rd being
 south of Diehl Road and east of Eola Road.
 17-00520 Reconsideration of an Ordinance Granting a Special Use Permit for a
 Telecommunications Facility (4211) Use on the Property located at 245 N Eola Rd
 being south of Diehl Road and east of Eola Road

 18-0006 A Resolution adopting findings of fact in support of the City Council's action with
 respect to Item 17-00520, an Ordinance approving a special use permit to
 Scientel Solutions, LLC for a communications facility (4211) use on the property
 located at 245 N Eola Rd being south of Diehl Road and east of Eola Road.


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 17-00521 Reconsideration of a Resolution Approving a Revision to a portion of the
 Preliminary Plan and Plat Property located at 245 N Eola Rd being south of Diehl
 Road and east of Eola Road

 REQUESTS AND REFERRALS

 18-0012 Requesting approval of a Final Plat for Lot 1 of Burger King Aurora Subdivision at
 1775 N. Farnsworth Avenue being east of Farnsworth Avenue and south of Molitor
 Road (Agree Realty Corporation/Burger King - 18-0012 / AU12/1-17.047-Fsd/V -
 JM - Ward 1)

 18-0013 Requesting approval of a Setback Variance pursuant to Section 10.5 and 8.3-5.12
 with a Site Plan for the property at 1775 N. Farnsworth Avenue being east of
 Farnsworth Avenue and south of Molitor Road (Agree Realty Corporation/Burger
 King - 18-0013 / AU12/1-17.047-Fsd/V - JM - Ward 1

 REPORT

 18-0003 Treasurer's Report - November 2017 .

 BILLS

 18-0014 Bill Summary and Large Bill List.

 CLOSED SESSION

 ADJOURN




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City Hall - 2nd Floor
 City of Aurora Council Chambers
 44 East Downer Place
 Aurora, IL


 City Council
 Meeting Minutes - Final
 Tuesday
 January 09, 2018
 6:00 PM




 ROLL CALL

 Mayor Irvin called the City Council meeting to order at 6:04 P.M. and the roll
 was called.
 Present: 13 - Alderman Tina Bohman, Alderman Juany Garza, Alderman Ted Mesiacos,
 Alderman Bill Donnell, Alderman Carl Franco, Alderman Mike Saville,
 Alderman Scheketa Hart-Burns, Alderman Rick Mervine, Alderman Edward
 Bugg, Alderman Judd Lofchie, Alderman Sherman Jenkins, Alderman Bob
 O'Connor and Mayor Richard Irvin

 PLEDGE OF ALLEGIANCE


 INVOCATION

 MINUTES OF THE MEETINGS OF TUESDAY, DECEMBER 12, 2017 AND TUESDAY,
 DECEMBER 19, 2017

 17-01200 Approval of the Tuesday, December 12, 2017 City Council Meeting
 Minutes.


 A motion was made by Alderman Franco, seconded by Alderman Garza to
 approve and file the minutes from the December 12, 2017 City Council meeting.
 The motion carried by voice vote with an abstention from Alderman
 Hart-Burns.

 17-01201 Approval of the following Closed Session Minutes: December 12 , 2017.

 A motion was made by Alderman Jenkins, seconded by Alderman Franco to
 approve and file the minutes from the December 12, 2017 Closed Session
 portion of the meeting. The motion carried by voice vote with an abstention
 from Alderman Hart-Burns.

 17-01208 Approval of the Tuesday, December 19, 2017 City Council Meeting
 Minutes.


 A motion was made by Alderman Mervine, seconded by Alderman Jenkins to
 approve and file the minutes from the December 19, 2017 City Council meeting.
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 The motion carried by voice vote with an abstention from Alderman Hart-Burns
 and Alderman Mesiacos.

 APPOINTMENT OF SERGEANT-AT-ARMS

 A motion was made by Alderman Hart-Burns, seconded by Alderman Jenkins
 to appoint Officer Hornburg as Sergeant-at-Arms for this meeting. The motion
 carried by voice vote.

 PRESENTATIONS

 18-0022 Recognition of Don Truax for his Year's of Service to the Aurora
 Preservation Commission.
 This Recognition for Don Truax was discussed and filed.


 MAYORAL APPOINTMENTS

 17-01206 A Resolution Appointing Lawrence Lenior to the Aurora Veterans
 Advisory Council.
 A motion was made by Alderman Hart-Burns, seconded by Alderman Jenkins,
 to approve the appointment as presented. The motion carried by the following
 vote.

 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor

 Enactment No: R18-001


 17-01209 A Resolution Appointing Jennifer Baird-del Debbio and reappointing
 Daniel Miller to the Aurora Preservation Commission.
 A motion was made by Alderman Hart-Burns, seconded by Alderman Donnell,
 to approve the appointment as presented. The motion carried by the following
 vote.

 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor

 Enactment No: R18-002


 SPEAKERS

 A motion was made by Alderman Hart-Burns , seconded by Alderman Jenkins,
 to allow members of the public to address City Council. The motion carried by
 voice vote.

 David Silverman, attorney from Ancel Glink representing CyrusOne, asked the
 City Council to maintain the original votes on items 17-00519, 17-00520 and
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 17-00521.
 Charlie Zine spoke regarding support of item 17-01135.
 Rocky Pintozzi spoke in support of items 17-00519, 17-00520 and 17-00521.
 Jim Rabb spoke regarding lack of snow parking enforcement and in support for
 item 17-1135.
 Beulah Foltz spoke regarding citation fines.

 CONSENT AGENDA

 Approval of the Consent Agenda

 A motion was made by Alderman Hart-Burns, seconded by Alderman Jenkins,
 to approve the Consent Agenda as presented. The motion carried by the
 following vote:

 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor

 17-01107 A Resolution authorizing approval of the Supplemental Contract #1 for
 Engineering Enterprises Inc. for their additional engineering work
 conducted as part of Phase 1 & II for Kautz Road Multi-Use Path Project.
 This Resolution was approved.

 Enactment No: R18-003


 17-01124 A Resolution establishing the maximum number of Class G City of Aurora
 liquor licenses ( unofficially related to application from: Welcome Food
 and Beer, Inc. dba Angelina's Food and Beer located at 2218 Ogden
 Avenue, Aurora, IL).
 This Resolution was approved.

 Enactment No: R18-004


 UNFINISHED BUSINESS

 17-01129 A Resolution Approving the 2018 Annual Action Plan Funding
 Recommendations - Community Development Block Grant (CDBG) and
 HOME Investment Partnership Act Programs (HOME) .
 Rick Guzman, Neighborhood Development Manager, spoke regarding the plan and the
 process taken to adopt the plan by the City of Aurora.

 A motion was made by Alderman Hart-Burns, seconded by Alderman Garza,
 that this agenda item be approved. The motion carried.

 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor


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 Enactment No: R18-005


 17-01135 A Resolution Authorizing the Mayor and City Clerk to amend Resolution
 R17-348 and to execute the revised Local Agency Agreement with the
 State of Illinois (IDOT) and approve the project cost increase for the
 Aurora Transportation Center (ATC) Regional Facility Enhancement
 Project.
 Stephane Phifer, Director of Sustainability and Urban Planning, provided a summary of
 the project. Alderman Lofchie spoke against the item. The following Aldermen spoke
 in favor of the item: Alderman Mervine, Alderman Bohman, Alderman Saville, and
 Alderman Franco. Ken Schroth, Public Works Director, answered a question from
 Alderman Bugg regarding funding for the project.

 A motion was made by Alderman Hart-Burns, seconded by Alderman Bohman,
 that this agenda item be approved as amended. The motion carried.

 Aye: 11 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Jenkins and Alderman
 O'Connor

 Nay: 1- Alderman Lofchie

 Enactment No: R18-006


 17-01213 A Resolution Authorizing Implementation of a Revised
 Anti-Harassment/Sexual Harassment Policy for the City of Aurora
 Pursuant to State Law.
 Alisia Lewis, Human Resources Director, spoke regarding the State of Illinois
 requirements to adopt or pass an ordinance or resolution regarding a anti-sexual
 harrassment policy for the City.

 Alderman Saville spoke stating the requested changes were made to the resolution.
 Alderman Hart-Burns and Rick Veenstra, Corporation Counsel, spoke that there were
 no conflicts identified with the City's Human Rights Ordiannce. No changes are
 recommended or required.

 A motion was made by Alderman Hart-Burns, seconded by Alderman Garza,
 that this agenda item be approved. The motion carried.

 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor

 Enactment No: R18-007


 NEW BUSINESS

 A motion was made by Alderman Hart-Burns, seconded by Alderman Garza, to
 Suspend the Rules to allow for discussion and action to be taken on items on
 the New Business section of the agenda. The motion carried by the following
 vote.


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 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor

 18-0016 A Resolution Authorizing the Appointment of Deborah Lang as the
 Assistant Corporation Counsel.
 A motion was made by Alderman Hart-Burns, seconded by Alderman Garza,
 that this agenda item be approved. The motion carried.

 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor

 Enactment No: R18-008


 OLD BUSINESS

 Mayor Irvin made a statement regarding the handling of the items under the
 "Old Business" section of the agenda.
 Stephane Phifer, Director of Sustainability and Urban Planning, provided an
 overview of the process thus far. Richard L. Williams, Griffin Williams LLP
 attorney, and Trevor Belcher, Executive Vice President at Scientel, spoke
 regarding the request of Scientel Solutions and provided an overview of the
 company. (PowerPoint presentation utilized).

 Alderman Mervine, Alderman Hart-Burns, Alderman Saville asked questions
 regarding the project and intent of the company. Alderman Mesiacos asked a
 question regarding the process of deliberation and intent of the petitioner.
 Questions were answered by Stephane Phifer and Scientel Solutions as
 appropriate.

 Mayor Irvin provided advice from Corporation Counsel regarding how
 deliberations were to occur for each of the items and the creation of the record
 of fact.

 17-00519 Reconsideration of an Ordinance Approving a Revision to the Eola
 Venture I Plan Description on 2.66 Acres for Property located at 245 N
 Eola Rd being south of Diehl Road and east of Eola Road
 Alderman Mervine, Alderman Donnell, Alderman Jenkins, Alderman Franco, and
 Alderman Hart-Burns stated they were in favor of this aspect of the project and
 development in the area.

 Questions by Alderman Bugg and Alderman Lofchie were asked regarding the
 information to be considered in making a decision. Corporation Counsel Veenstra
 addressed the questions.

 Mayor Irvin called the City council to a vote.

 A motion was made by Alderman Jenkins, seconded by Alderman Franco, that
 this agenda item be adopted. The motion carried.


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 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor

 Enactment No: O18-001


 18-0005 A Resolution adopting findings of fact in support of the City Council's
 action with respect to Item 17-00519, an Ordinance Approving a
 Revision to the Eola Venture I Plan Description on 2.66 Acres for
 Property located at 245 N Eola Rd being south of Diehl Road and east of
 Eola Road.
 Corporation Counsel explained that this agenda item was not necessary
 because item 17-00519 was adopted with a vote of 12:0.

 17-00520 Reconsideration of an Ordinance Granting a Special Use Permit for a
 Telecommunications Facility (4211) Use on the Property located at 245
 N Eola Rd being south of Diehl Road and east of Eola Road
 Alderman Mervine said he was not in favor of Scientel Solutions building a tower at this
 location.

 Stephane Phifer said that the planning for strategic land use will be addressed by the
 new economic development group.

 Alderman Bugg said he is generally for this project. He asked questions to Corporation
 Counsel regarding the the need to send the item back to Planning Commission.
 Corporation Counsel provided information related to the options of City Council to vote
 on the current record or to send the item back to the Plan Commission.

 Alderman Bugg made a motion to return items 17-520 and 17-521 to the Plan
 Commission. Corporation Counsel clarified that only item 17-520 would only be able to
 have a public hearing. The motion was amended to reflect the return of item 17-520 to
 the Plan Commission. The motion was seconded by Alderman Mervine.

 The Mayor and Corporation Counsel clarified the motion and the subsequent actions to
 be taken in either an affirmative to negative vote on the motion.

 The following vote was taken on the question to return item 17-520 to the Planning
 Commission and hold a public hearing:

 Aye (5) : Alderman Mesiacos, Alderman Mervine, Alderman Bugg, Alderman Lofchie,
 and Alderman O'Connor.

 Nay (7): Alderman Bohman, Alderman Garza, Alderman Donnell, Alderman Franco,
 Alderman Saville, Alderman Hart-Burns, and Alderman Jenkins.

 The motion failed (5-7).

 A motion was made by Alderman Jenkins, seconded by Alderman Hart-Burns,
 that this agenda item be adopted. The motion carried.




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 Aye: 9- Alderman Bohman, Alderman Garza, Alderman Donnell, Alderman Franco,
 Alderman Saville, Alderman Hart-Burns, Alderman Bugg, Alderman Lofchie
 and Alderman Jenkins

 Nay: 3- Alderman Mesiacos, Alderman Mervine and Alderman O'Connor

 Enactment No: O18-002


 18-0006 A Resolution adopting findings of fact in support of the City Council's
 action with respect to Item 17-00520, an Ordinance approving a special
 use permit to Scientel Solutions, LLC for a communications facility
 (4211) use on the property located at 245 N Eola Rd being south of Diehl
 Road and east of Eola Road.
 Corporation Counsel read the proposed language for Addendum A to the resolution. A
 copy of the proposed language was passed out to City Council.

 A motion was made by Alderman Hart-Burns, seconded by Alderman Franco to amend
 the resolution as proposed by Corporation Counsel to add Addedum A.

 The motion carried by the following vote:

 Aye (8) : Alderman Bohman, Alderman Garza, Alderman Donnell, Alderman Franco,
 Alderman Saville, Alderman Hart-Burns, Alderman Lofchie, Alderman Jenkins

 Nay: (4) : Alderman Mesiacos, Alderman Mervine, Alderman Bugg, Alderman O'Connor

 Corporation Counsel clarified that the vote would be to adopt the findings of fact from
 the Planning Commission meeting in September.

 Alderman Bugg expressed his reasoning for voting against this item despite his overall
 approval of the project.

 Corporation Counsel spoke regarding the purpose of the motion to reconsider and
 provided the City Council information regarding what a vote in either direction would
 mean.

 A motion was made by Alderman Hart-Burns, seconded by Alderman Jenkins,
 that this agenda item be approved as amended. The motion carried.

 Aye: 7- Alderman Garza, Alderman Donnell, Alderman Franco, Alderman Saville,
 Alderman Hart-Burns, Alderman Lofchie and Alderman Jenkins

 Nay: 5- Alderman Bohman, Alderman Mesiacos, Alderman Mervine, Alderman
 Bugg and Alderman O'Connor

 Enactment No: R18-009


 17-00521 Reconsideration of a Resolution Approving a Revision to a portion of the
 Preliminary Plan and Plat Property located at 245 N Eola Rd being south
 of Diehl Road and east of Eola Road
 Stephane Phifer, Director of Planning and Sustainability, clarified the item is an
 approval of preliminary plan.

 A motion was made by Alderman Jenkins, seconded by Alderman Hart-Burns,

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 that this agenda item be approved. The motion carried.

 Aye: 9- Alderman Bohman, Alderman Garza, Alderman Donnell, Alderman Franco,
 Alderman Saville, Alderman Hart-Burns, Alderman Bugg, Alderman Lofchie
 and Alderman Jenkins

 Nay: 3- Alderman Mesiacos, Alderman Mervine and Alderman O'Connor

 Enactment No: R18-010


 REQUESTS AND REFERRALS

 18-0012 Requesting approval of a Final Plat for Lot 1 of Burger King Aurora
 Subdivision at 1775 N. Farnsworth Avenue being east of Farnsworth
 Avenue and south of Molitor Road (Agree Realty Corporation/Burger
 King - 18-0012 / AU12/1-17.047-Fsd/V - JM - Ward 1)
 This Petition was referred to to the DST Staff Council (Planning Council)


 18-0013 Requesting approval of a Setback Variance pursuant to Section 10.5
 and 8.3-5.12 with a Site Plan for the property at 1775 N. Farnsworth
 Avenue being east of Farnsworth Avenue and south of Molitor Road
 (Agree Realty Corporation/Burger King - 18-0013 /
 AU12/1-17.047-Fsd/V - JM - Ward 1
 This Petition was referred to to the DST Staff Council (Planning Council)


 REPORT

 18-0003 Treasurer's Report - November 2017 .

 A motion was made by Alderman Hart-Burns , seconded by Alderman Jenkins,
 to accept and file the report as presented. The motion carried by voice vote.

 BILLS

 18-0014 Bill Summary and Large Bill List.

 A motion was made by Alderman Hart-Burns, seconded by Alderman Jenkins,
 to approve and pay the bills as presented. The motion carried.

 Aye: 12 - Alderman Bohman, Alderman Garza, Alderman Mesiacos, Alderman
 Donnell, Alderman Franco, Alderman Saville, Alderman Hart-Burns,
 Alderman Mervine, Alderman Bugg, Alderman Lofchie, Alderman Jenkins
 and Alderman O'Connor

 CLOSED SESSION

 There was not a need for a Closed Session.




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 ADJOURN

 A motion was made by Alderman Hart-Burns , seconded by Alderman Jenkins,
 to adjourn this meeting of the City Council. The motion carried by voice vote.
 The meeting was adjourned at 9:00 P.M.

 Submitted by: _________________________________________________
 Wendy McCambridge, City Clerk




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