By Jason Crane
At the fourth remote Aurora City Council meeting Tuesday, unanimously approved was an ordinance confirming the ongoing state of emergency in Aurora due to the COVID-19 pandemic.
Chief management officer Alex Alexandrou, said, “The data and evidence supports allowing us to be on a different track than Chicago and Cook County.
“We believe the longer this goes, the more damage to the local economy and State economy.”
The plan is to align the state of emergency in the City of Aurora with the statewide state of emergency related to the COVID-19 pandemic.
City of Aurora documents state that since March 2020, the State of Illinois and the City have operated under a state of emergency due to the ongoing novel coronavirus COVID-19 pandemic. Mayor Richard Irvin initially declared a state of emergency March 18, and the City Council confirmed the emergency April 1, which authorized the mayor to continue to exercise certain powers under Section 2-45 of the City Code to facilitate the city government’s response to the crisis until May 15.
Pursuant to an initial state of emergency declared in March and to stem the spread of the virus, governor JB. Pritzker issued a series of executive orders which closed bars and restaurants for on-site service and later banned most gatherings and closed all but what his order defined as essential businesses and operations. City offices have been closed to the public since March 19.
April 30, governor Pritzker issued a second proclamation declaring a state of emergency in Illinois due to the COVID-19 pandemic and re-issued approximately 25 of his COVID-19-related executive orders. These orders will continue to affect the way the City is able to conduct its operations, and in particular, continue to prevent the deliberative bodies of the City, including the City Council, from conducting its business according to City Ordinance. The orders have significantly impacted businesses within the City. To compensate, the mayor issued a series of orders pursuant to Section 2-45 of the City Code, to facilitate the ongoing operations of the City, and to lessen the adverse impact of the governor’s order on businesses.
Though the governor’s authority to re-proclaim a state of emergency and continue to exercise what are commonly described as “emergency powers” are currently the subject of litigation as of this writing, it is very likely that, whether through subsequent judicial or legislative authorization, that both the statewide state of emergency and the substance of the directives in the governor’s orders will remain in effect for the foreseeable future and until the crisis has subsided.
The Council’s prior confirmation of a state of emergency will expire May 15. Without an extension, it will not be possible (absent a second mayoral proclamation) under the City’s ordinances, for the Council to continue to meet electronically, or for the relaxation of several provisions of the City’s liquor ordinance intended to assist restaurants and bars to remain in effect. Although the City Council could choose to amend or supersede the City Code to accomplish these and other specific objectives, the frequency with which the governor has issued executive orders and the temporary (though prolonged) nature of the state of emergency, makes the continued use of Section 2-45 a more flexible alternative.
The powers authorized by Section 2-45 and this Ordinance are relatively limited and designed to balance the need for flexibility during emergencies against the importance of the public discourse and the ordinarily legislative process. They do not radically alter the relationship between the mayor and the City Council nor do they permit the mayor to rule by fiat.
Instead, they provide the mayor with practical and temporary tools to adapt to the unique challenges presented by the pandemic and the resultant statewide executive orders.
• Unanimously approved was a special use planned development at 1165 N. Lake Street.
The subject property consists of a vacant Long John Silvers restaurant with B-2 General Retail District zoning.
The planned establishment is for an unnamed national coffee chain developed by the Glazier Corporation and is known as The Glazier Project, LLC.
The building has been vacant several years in a deteriorating condition. The new retail building will be 100 percent masonry and include a drive-thru of approximately 2,400 square feet, and additional retail space of approximately 5,500 square feet.
There were no individuals signed up to speak at the public hearing.
• Unanimously approved was a resolution to award the contract for the 2020 City Wide Street Resurfacing Project to Geneva Construction Company, P.O. Box 998, Aurora, IL 60507, in the amount of $8,815,500.00 and to appropriate Motor Fuel Tax funds in the amount of $6,707,300.00.
• Unanimously approved was a resolution authorizing the purchase of bulk rock salt in the amount of $81.13 per ton for the 2020-2021 Winter season from Compass Minerals America Inc. in Overland Park, Kan..