cover
TO: Mayor Richard C. Irvin
FROM: Trevor Dick, Assistant Director of Economic Development
DATE: February 10, 2023
SUBJECT:
An ordinance authorizing the execution of an amendment to the intergovernmental agreement between the City of Aurora and the County of Kane regarding access and improvements to Orchard Road from the I-88 Westbound access ramp to Jericho Road.
PURPOSE:
The purpose for this update is to support an additional access point, not originally considered in the existing intergovernmental agreement a future ¾ access approximately 1,100 feet south of the I-88 eastbound ramp to serve and support future mixed-use development.
BACKGROUND:
The City of Aurora and Kane County entered into an agreement dated February 8, 2000 titled "Intergovernmental Agreement Between the City of Aurora and the County of Kane regarding access and improvements to Orchard Road from the I-88 Westbound Access Ramp to Jericho Road".
In 2019, owners of the key redevelopment property on Orchard Road adjacent to I-88 met with City staff to discuss potential development of their long vacant 30-acre vacant parcel. According to staff, consultants and real estate brokers, improved vehicular access off of Orchard Road east into the property is necessary to support future desirable development.
Although at this time only a vision, the City’s vision for the property would be to be a mixed-use development including a combination of restaurants, retail, office, and entertainment uses. The result would be a key redevelopment site at an important entrance to the west end of the City providing new employment, shopping and dining opportunities and additional tax revenue. City staff, in concert with property owner representatives created a concept plan to assist in illustrating the potential development.
In 2020, the City of Aurora entered into a professional services agreement with Iteris, Inc of St. Charles, IL to conduct a Traffic Impact Analysis to support the City’s vision for improving vehicular access at Orchard Road and Bushwood Drive. Currently that intersection is only a right-in/right-out on the Southbound lane of Orchard Road. It’s important to note that Orchard Road is under Kane County’s jurisdiction and any projects within that right-of-way need to be approved by the County Board.
In 2021 KDOT staff reviewed the Iteris Traffic Impact Analysis and in late 2022 KDOT staff found the analysis and recommendations sufficient to move forward to seek County Board approval.
DISCUSSION:
Improved access is essential to attract and support the type of desired development. Although a full-signal was desired by City Staff, it has been shown by consultants and KDOT that a full-signal is not feasible. Therefore, the City is seeking KDOT’s support for a new ¾ access. An amendment to the existing intergovernmental agreement is necessary to allow that new access.
IMPACT STATEMENT:
Support for this new access will significantly improve the development potential of the long vacant property that will enhance property tax values, increase sales tax revenues, and also improve the image and identify of the City’s westernmost gateway.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Authorizing the Execution of an amendment to the intergovernmental agreement between the City of Aurora and the County of Kane regarding access and improvements to Orchard Road from the I-88 Westbound access ramp to Jericho Road.
cc: Infrastructure & Technology Committee
Attachments:
Exhibit A: Amendment Number 1
Exhibit B: Concept Sketch
Exhibit C: Orchard Road Concept Site Plan

CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Authorizing the Execution of an amendment to the intergovernmental agreement between the City of Aurora and the County of Kane regarding access and improvements to Orchard Road from the I-88 Westbound access ramp to Jericho Road.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City of Aurora (hereinafter "CITY") and the County of Kane (hereinafter "COUNTY") are each legal entities organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform the undertaking described herein; and
WHEREAS, the CITY and COUNTY are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act as provided for in 5 ILCS 220/1, et seq.; and
WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7, Section 10 of the 1970 Constitution of the State of Illinois include fostering cooperation among units of local government in planning and providing services to their constituents; and
WHEREAS, the CITY and COUNTY entered into an Intergovernmental Agreement regarding access and improvements to Orchard Road from the I-88 Westbound access ramp to Jericho Road on February 8, 2000; and
WHEREAS, the CITY and COUNTY desire to continue to provide for the safety and efficiency of Kane County Highway No. 83 (also known as Orchard Road); and
WHEREAS, at the request of the CITY, the CITY and COUNTY agree to amend various provisions of the AGREEMENT to modify ingress to and egress from Orchard Road to facility the safe and efficient flow of traffic thereon; and
WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to enter into this AGREEMENT; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the attached amended Intergovernmental Agreement between the CITY and COUNTY regarding access and improvements to Orchard Road from the I-88 Westbound access ramp to Jericho Road be approved, and the Mayor of the City of Aurora is hereby authorized and directed to execute the AGREEMENT on the behalf of the City; and further.
BE IT ORDAINED, that City Clerk be directed to transmit certified copes of this Ordinance and the attached Intergovernmental Agreement to the COUNTY with copies to the Corporation Counsel and the Finance Director; and further
BE lT ORDAINED, that the Mayor and City Clerk be and are hereby authorized to cooperate with the COUNTY to advance the purposes of this Ordinance.