By Jason Crane
The Aurora City Council unanimously approved a Resolution to appoint Kevin Nickel as deputy fire chief at the Tuesday, July 23 Aurora City Council meeting.
Mayor of Aurora, Richard Irvin swore in Kevin Nickel, who was most recently assistant chief of operations with the Aurora Fire Department.
•The presentation and swearing in of deputy chief Nickel can be viewed on the city government of Aurora’s YouTube page after the 36 minute mark by clicking here.
•Presentations for Aurora Puerto Rican Heritage week, awards for city of Aurora staff members, and additional mayoral appointments at the July 23 Aurora City Council meeting can be viewed on the city government of Aurora’s YouTube page after the 6 minute mark by clicking here.
•Two individuals used their voices for up to three minutes each: Comments can be viewed on the city government of Aurora’s YouTube page after the 26-minute mark by clicking here.
The City Council approved the following agenda items:
•Approved was a Resolution authorizing the reappointments of Brian Failing, Fernando Castrejon, and Clara Diaz to the FoxWalk Overlay District Design Review Committee.
The nominations represent three veteran candidates, all seeking a third term. Brian Failing is a non-resident, Fernando Castrejon is a resident of Ward 6, and Clara Diaz is a resident of Ward 2.
•Approved was a Resolution reappointing Megan Paul and Rafael Blanco to the Aurora Public Art Commission.
City government of Aurora documents show the nominations represent two veteran candidates: Megan Paul, a resident of Ward 4, will serve a second term. Rafael Blanco, a resident of Ward 5, will serve a third term.
•Approved was a Resolution appointing Daniel Olvera to the Aurora Veteran’s Advisory Council.
City government of Aurora documents show Olvera is a resident of Ward 9. One vacancy remains open on the Veteran’s Council.
•Approved was a Resolution reappointing alderman Bill Donnell to the Aurora Area Convention and Visitors Bureau Board (AACVB).
City government of Aurora documents show in 2013, the city of Aurora entered into a new intergovernmental agreement with the AACVB, which allowed for Aurora to appoint a total of 50% of the at-large members board. In addition, each participating municipality appointed a representative. Mayor Irvin of Aurora submitted a letter nominating appointees for the at-large positions that represented various entities related to the tourism for a term of one-year. Municipal representatives were provided three-year terms.
Following the revision in 2013, the AACVB and the city of Aurora re-authorized the agreement in 2015 and again in 2016. One of the terms of the revised agreement requested by the Aurora City Council was to formalize the appointment process by the mayor nominating and the Council voting to approve.
Ward 5 alderman Bill Donnell is the City of Aurora’s one municipal representative as chairman, along with 10 at-large appointments on the Board.
•Approved was a Resolution reappointing Brennen Roberts, Ivan Chambers, and Donald Pilmer, to the Aurora Planning and Zoning Commission.
•Approved was a Resolution authorizing Aurora Sign Company of Warrenville, to fabricate and install a new 4-side projection sign on to the City Hall facility for $121,825.65, with a 10% contingency of $12,182.56.
City government of Aurora documents show the purpose is to fabricate and install a new 4-sided projecting sign on City Hall to increase visibility and capabilities of providing information to residents and visitors.
City Hall, at 44 E Downer Place, has in place a 2-sided sign without visual effects or capability to provide vital information to the public.
City officials decided a new 4-sided Watchfire projection sign should address all the City’s requirements and enhance the front main entrance, with the sign and logo to be installed above the entrance.
•Approved was a Resolution to provide a forgivable loan to Carniceria El Paso Grande Corp and the Rodriguez Family, to assist in the opening a facility at 2134 West Galena Boulevard.
City government of Aurora documents show the purpose is to allow the City to make a $325,000 loan that will be repaid to the City from 50% of new sales taxes generated from the new grocery store. This is set to assure that recent unforeseen setbacks, including supply chain issues that started with the pandemic, a fire at the East Side store that disrupted daily operations, uninsured hail damage, and the failure of a contracted vendor, paid in advance, to deliver key equipment does not further delay the opening of the West Galena store. City officials state the City’s opportunity cost of not having the store open is approximately $10,000 per month.
Polo and Celia Rodriguez used Polo’s experience working at the Aurora Meat packing company in the 1970s to open a meat market/small grocery store in the house where the family lived.
The store named El Paso Chico, grew into the popular grocery stores and tortillas production facility, El Paso Grande Supermercado, 634 E., New York Street, El Paso Chico Mercado, 508 Grove Street, and El Valle Florido, 275 Beach Street,) for which they are know well known and admired throughout the Aurora community and the region. Their generosity both in supporting numerous social and community causes is inherent in the fabric of the family as is the support they have given through their business to countless individuals and families who have needed assistance.
During the pandemic the family contracted to purchase the former Aldi grocery store on the West Side hoping to have it opened almost two years ago.
Over the last couple of years there was a fire at the East Side location, causing the kitchen to be shut down and requiring substantial resources to make these repairs. At this time, they are still preparing food in the other location, and taking it over daily to Grove Street store. In April 2023, the roof of the Galena property was damaged costing $115,000. Trying to stay ahead of the well-known supply chain problems caused by the pandemic and using an intermediary/expediter, the family borrowed $500,000, but the equipment was never delivered causing the family to have to repurchase the equipment and then retrofit certain interior spaces to accommodate the replaced equipment.
This combined with the time delays and the cost of servicing loans that were taken out anticipating the earlier opening have cost many hundreds of thousands of additional dollars. A lawsuit is about to be filed to seek recovery of these funds.
Fortunately, the established businesses have carried these losses but have caused a liquidity challenge. City officials and El Paso are trying to get the West Side location open as soon as possible and assure the long-term viability of this now second-generation business. The company employs more than 60 Aurora residents, and the new store is anticipating employing a similar amount. To achieve the revenues that are being collected on the East Side and are projected on the West Side requires hundreds of thousands of visits by customers to these locations.
In addition to working with Jaime Rodriguez, who runs the day-to-day operations of the company, the City has been working with the accounting firm, banker, and attorney. In 2023, the Company paid approximately $110,000 in total sales, food, and beverage taxes to the City. It is anticipated the new store will generate at least this amount in total sales and food and beverage taxes to the City. If this resolution is approved, it is estimated that the new store will open by the beginning of August. It is difficult to anticipate when the store will open if this financing is not approved because it will be dependent upon residual cash flow from the existing businesses after the payment of debt service for the loans that have been taken out to purchase and construct the delayed West Side location.
The proposal is for the City government to advance the Rodriguez family members $325,000 which will enable them to stock the West Side store, provide working capital, pay off the remainder balance of the roof repairs, and install a needed new hood.
The City would structure this as a forgivable loan, meaning that if the projections for revenues and related sales and food and beverage taxes to the City are met, (through an escrow account monitored by the City) and the City does in fact receive approximately $110,000 annually in new/incremental taxes that would not be forth coming if the West Side store did not open, then 50% of these taxes will be characterized as a debt service payments to amortize the $325,000 and the other 50% would go into the general fund.
Based on these estimates, this $325,000 loan would be paid back within six years. City officials have included language in the agreement (should the litigation/ settlement discussions result in a cash payment to the Rodriguez family for the undelivered, but paid-for equipment then the borrower will pay down the City’s loan from all or part of these proceeds, subject to the first and second lenders rights.
If for whatever reason, these funds are not recovered by the City within this time frame, then Carniceria El Paso Grande Corp as well as the Rodriguez family will be responsible to pay the City the difference between what has been received and the $325,000. In addition, the redevelopment/ forgivable loan agreement obligates the Rodriguez family to be fully insured for a business of this magnitude and have the city of Aurora government as a named additional insured.
This deal structure creates a win/win outcome whereby the Rodriguez family can open their long-anticipated store and the City can start to receive net sales taxes and the City can start to receive new sales and food and beverage taxes.
The adoption of the resolution will assure the opening of a new store, anticipated to draw customers not only from Aurora, but Montgomery, Sugar Grove and Yorkville as well and will give a boost to the shopping center that has not seen an operating store for more than eight years. The city will see benefits from new sales and food and beverage taxes and will get paid 100% of the advanced funds. The community will continue to benefit for the largesse of the Rodriguez family honoring the legacy of Polo and Celia.
•Approved was an Ordinance annexing a portion of railroad property east of Gordon Road and West of Orchard Road, in Sugar Grove Township, Kane County, to the city of Aurora pursuant to 65 ILCS 5/7-1-8.
City government of Aurora documents show the Property is a portion of the existing BNSF railroad. The City is conducting an annexation of a portion of the BSNF Railway pursuant to 65 ILCS 5/7-1-8.
This annexation will help facilitate the annexation of properties to the north to prevent a solar farm from being developed. Though the City actively supports the expansion and use of alternative forms of energy, including, specifically, solar, the proposed location is inconsistent with the City’s long-term plans for the area as the City’s Countryside Vision Plan designates this area for an estate residential type development.
This annexation allows the City to proceed with annexation of the properties to the north, since these properties will be wholly bounded by one or more municipalities and a Forest Preserve District.
•Approved was an Ordinance annexing property generally bounded by the Kane County Forest Preserve to the east, ComEd utility right-of-way to the west, Progressive Baptist Church to the north, and the BNSF Railway to the south, in Sugar Grove Township, Kane County, to the City of Aurora pursuant to 65 ILCS 5/7-1-13.
City government of Aurora documents show this is a forcible annexation of properties contiguous to the City of Aurora.
In the spring of 2024, the Kane County notified the City that it had received a special use application for a proposed solar farm for the property located west of Barnes Rd and designated estate residential type development as indicated in the Countryside Vision Plan upon its eventual annexation into the City. Because the City had contemplated this property being used for residential purposes, rather than a solar energy facility and given its proximity to the City’s limits, the City Council voted 11-1 to notify the County of its objection to the proposal.
The County’s Zoning Board of Appeals and County Board’s County Development Committees, constrained by the provisions of the Counties Code, nevertheless recommended to the County Board that it approve the proposed special use. It is important to note that the Counties Code, which is analogous to the Illinois Municipal Code severely limits a County Board’s discretion to deny petitions for solar energy facilities. As Kane County does not possess home rule authority, it cannot act beyond those limitations. The County Board is scheduled to act on the special use application at its meeting of July 9, 2024.
Just prior to the County Development Committee’s vote to recommend approval of the special use, staff considered whether it would be possible to annex the property prior the installation of the solar farm. Under Section 7-1-13 of the Illinois Municipal Code, annexation of 60 acers is possible when it is wholly bounded by one or more municipalities and a Forest Preserve District. Thus, upon annexation of the BNSF ROW discussed below, the property in question is wholly bounded by the City of Aurora and the Kane County Forest Preserve District.
The City is working with the BNSF to annex railroad property which is located to the south of the solar farm. This annexation is being approve simultaneously under separate action. If this annexation is approved, the City can proceed to annex the properties to the north, including the proposed solar farm, a religious institution and a vacant parcel just north of the BNSF railroad since these properties will be wholly bounded by one or more municipalities and a Forest Preserve District.
If the City Council approves the annexation described above, it will prevent the property from being used for a solar farm. Though the City actively supports the expansion and use of alternative forms of energy, including, specifically, solar, the proposed location is inconsistent with the City’s long-term plans for the area.
•Approved was a Resolution establishing the maximum number of Class D: Downtown Core On-Site Consumption liquor licenses (unofficially related to the application from River Street Italian, Inc. d/b/a Giardino Pizzeria and Trattoria at 12 N River St, Aurora in Ward 2).
City government of Aurora documents show the purpose is to increase the number of Class D: Downtown Core On-Site Consumption liquor licenses. A business that will be opening soon, River Street Italian, Inc, d/b/a Giardino Pizzeria and Trattoria, at 12 N. River Street, has submitted a liquor license application.
This request is presented in accordance with the 2011 amendment to the City’s Liquor Ordinance, specifically Section 6-9(a), which charges the City Council with the authority to determine the number of licenses available in each classification.
River Street Italian, Inc d/b/a Giardino Pizzeria and Trattoria, has submitted a liquor license application to offer alcohol for sale for on-site consumption in a full-service restaurant. If approved, this liquor license will allow the sale of alcohol during business hours. Giardino Pizzeria and Trattoria will offer a full menu.
If approved, this resolution will increase the number of allowable liquor licenses to allow for the issuance of the license by the mayor/liquor commissioner. City staff has 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 D: Downtown Core On-Site Consumption liquor licenses (unofficially related to the application from River Street Bistro, Inc. d/b/a Touche French Creole at 6 N River St, Aurora in Ward 2).
City government of Aurora documents show the purpose is to increase the number of Class D: Downtown Core On-Site Consumption liquor licenses. A business that will be opening soon, River Street Bistro, Inc, d/b/a Touche French Creole, at 6 N River Street, has submitted a liquor license application.
This request is presented in accordance with the 2011 amendment to the City’s Liquor Ordinance, specifically Section 6-9(a), which charges the City Council with the authority to determine the number of licenses available in each classification.
River Street Bistro, Inc d/b/a Touche French Creole, has submitted a liquor license application to offer alcohol for sale for on-site consumption in a full-service restaurant. If approved, this liquor license will allow the sale of alcohol during business hours. Touche French Creole will offer a full menu.
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 has 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 D: Fox Valley Mall Entertainment District liquor licenses (unofficially related to the application from Bit Enterprises, Inc. d/b/a Bit Theater at 4034 Fox Valley Center Drive, Aurora). [Ward 10].
City government of Aurora documents show the purpose is to maintain the number of Class D: Fox Valley Mall Entertainment District liquor licenses. An existing business with a liquor license, Bit Theater, at 4034 Fox Valley Center Drive, is being taken over by a new owner, Bit Enterprises, Inc., and the new owner has submitted a liquor license application. A new business is purchasing equipment, taking over the lease, and taking over operations of the Bit Theater, therefore this is a 100% ownership change. One of the prior owners has 7.5% ownership of the new business.
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.
Bit Enterprises, Inc. has submitted a liquor license application to offer alcohol for sale for on-site consumption. Bit Theater, Inc. is the current owner and liquor license holder at this location until the ownership transition is complete.
If approved, this resolution will maintain 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 has 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 authorizing the use of Cipher Technology Solutions as the City’s primary low-voltage cabling vendor in total aggregate amount not to exceed $100,000.
City government of Aurora documents show City IT staff request the ability to quickly react to networking issues city-wide that have been identified as low-voltage cabling (wiring) issues. By establishing primary and secondary vendors, staff can shorten the repair and remediation timeline.
In 2018, the City solicited bids for low voltage cabling, Cipher Technology Solutions (“CTS”) was the low bidder and performed quality work for low-voltage cabling repairs, remediation and extension of existing services.
CTS has extensive knowledge of the City’s network and cabling requirements and has exceeded expectations of City staff.
In the last five years, repairs totaling $240,000 have been provided by CST. Based upon recent wiring failures at significant City buildings in 2022 & 2023, City IT staff is requesting $100,000 annually.
Over the last several years, issues with substandard or improperly connected cabling have been the cause of diminished services at several City buildings. These have resulted in loss of connectivity to city closed circuit cameras, door access controls (card readers) not working properly, disconnected, or limited wireless access points and overall degraded access to city on-premises and cloud-based computing services.
City IT staff desires to utilize CTS once cabling issues have been identified to quickly remediate the issues and provide a high-level of quality service to city staff.
City IT and Purchasing intend to have this project go out for formal bidding for any work needed in 2025.
Approval of this resolution will allow City IT staff to quickly work with both vendors to repair and remediate issues with existing City network low-voltage cabling. This request will have a positive impact as the City of Aurora will get what has allegedly proven to be the most competitive pricing over the years and expedient repairs of cabling issues.
•Approved was a Resolution to award the Keating Drive Water Main Improvements project in Ward 9 to Performance Construction & Engineering LLC in the bid amount of $647,770.
City government of Aurora documents show water main installation has been deemed necessary on Keating Drive between Normantown Road and Middlebury Drive to increase system capacity. The City’s engineering consultant modeled the water distribution system in anticipation of the Lincoln Prairie development in the southeast area end of the system and identified two necessary water main extensions to serve potential commercial development at that location. This is the first of those two locations. As part of the development agreement, the Pulte Group will be reimbursing the City for the cost of this project including all City of Aurora engineering division efforts to design, permit and manage the construction of this project. A 16” ductile iron water main is being installed.
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 June 26, 2024.
This project was subject to the Local Preference Ordinance, however no local contractors submitted.
The project amount ($647,770) is budgeted for in 2024 within an account which has a 2024 budget amount of $750,000.
Traffic may be detoured to Montgomery Road but the increase in traffic will be temporary and negligible.
•Approved was a Resolution to award the Contract for the Benton Street and Water Street Intersection Improvements to Landmark Contractors, Inc., 11916 W. Main St., Huntley, Ill. in the amount of $492,293.00.
City government of Aurora documents show the purpose is to award the construction contract to complete the public improvements at the intersection of Benton Street and Water Street.
The Benton Street and Water Street intersection experiences high pedestrian crossing numbers due to the location of a public parking lot on the south side of the intersection and City buildings and activities that regularly occur north of the intersection. There are regular occurrences where vehicular traffic does not respect pedestrians properly utilizing the pedestrian walkways. Improved north and west crosswalks in conjunction with the addition of expanded planter bed islands will reduce the length of the crosswalk and improve visibility. The proposed project would include the replacement of a significant amount of unused pavement with landscaped beds. The project also includes lighting relocation, irrigation installation, storm sewer improvements and the installation of new brick pavers.
Bids were opened and publicly read on June 26, 2024. The lowest responsible bid was submitted by Landmark Contractors, Inc. in the amount of $492,293.00 which is nearly 2% below the Engineer’s Estimate. This is a unique project with many items that will require multiple sequences to complete and progress will be impacted by the complexities of working downtown with many existing utilities. City officials have determined that these costs are appropriate and recommend awarding the contract to Landmark for the unit prices submitted.
Local preference does apply to this bid, however no local contractor submitted.
Construction is expected to begin in August and be completed by October. Traffic will experience delays and may be re-routed to Downer Place during certain phases.
•Approved was a Resolution authorizing the director of the Purchasing Department to execute an agreement with R.C. Wegman in an amount not to exceed $4,148,794 for construction management services and the first bid package for the RiverEdge Park Phase II Expansion.
City government of Aurora documents show the purpose is to authorize the execution of a contract in order to commence construction of the RiverEdge Park Phase II Expansion in the fall of this year.
In 2023, the City began working with Ratio Architects for the development of plans for the expansion of RiverEdge Park. As that work is nearing completion, a construction management firm is now required to begin the work onsite. In May, 2023, the City advertised the work and received statements of qualifications from two firms. Staff reviewed those submittals and found R.C. Wegman to be the most qualified firm to provide these services.
The park expansion will include the construction of a new backstage facility, a new beverage pavilion with a VIP deck, a new lawn seating area, a southern gate building and a new restroom facility.
Additionally, staff is working with R.C. Wegman to bid the first round of the improvements, being the underground and foundation work at the backstage building. As this building will take the longest to construct, starting this immediately following the end of the shows at RiverEdge Park this fall will be crucial to having the facility ready before the 2025 Christkindl Market. In addition to the construction management services, approval of this item will also serve as authorization to expend those funds after they are competitively bid by Wegman in August.
Completing the Phase II Expansion of RiverEdge Park will allow for greater capacity at shows, and the park will be a better attraction for acts due to the new backstage accommodations. This project is budgeted in 2024. Of the $4,148,794, $2,000,000 is to be authorized for the first bid package and the remainder is the construction management fee.
During construction, capacity at the park will be limited, as the entire south half of the park will be fenced off for construction. The goal is to have the improvements substantially complete before the 2025 Christkindl Market.
•Approved was an Ordinance establishing the Asian American, Native Hawaiian, and Pacific Islander Advisory Board (AANPI) Under Chapter 2, Article VI of the Code of Ordinances.