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TO: Mayor Richard C. Irvin
FROM: Mark Phipps, Engineering Coordinator
DATE: August 4, 2020
SUBJECT:
A resolution authorizing the execution of a Sidewalk Agreement between the City of Aurora and Gonnella Baking Co. Inc., owner of the property at 2435 Church Road (Ward 1).
PURPOSE:
To provide for the construction of a public sidewalk along the Church Road frontage of 2435 Church Road when a public sidewalk becomes necessary.
BACKGROUND:
Gonnella Baking Co. Inc. (Gonnella) undertook the expansion of its facility at 2435 Church Road in 2014. The plans approved for this expansion required construction of a sidewalk in the public right-of-way, along the east side of Church Road. Construction of the sidewalk was a prerequisite to the issuance of a Certificate of Occupancy and release from the subdivision bond for the project. Gonnella received a temporary Certificate of Occupancy in 2015 after all aspects of the project were complete, except construction of the sidewalk. The sidewalk has yet to be constructed due to the cost, which is considerable given the amount of driveway reconstruction necessary to make the sidewalk ADA accessible, and because there is no sidewalk presently constructed either north or south of the site. (Refer to Exhibit B - Location Map.)
DISCUSSION:
Gonnella would like to obtain the full Certificate of Occupancy and be released from its obligation to maintain its subdivision bond for the project. The City is willing to defer construction of the sidewalk until redevelopment of adjacent properties makes the sidewalk necessary. This Sidewalk Agreement requires Gonnella to construct the sidewalk within 180 days of the written request of the City Engineer or pay the City to construct the sidewalk on Gonnella's behalf, and allows Gonnella to be released from the obligation to maintain its subdivision bond.
IMPACT STATEMENT:
This Sidewalk Agreement would have no impact on the general public. It would make it unnecessary for the Engineering Division to periodically review the subdivision bond and make sure it is renewed.
RECOMMENDATIONS:
Staff recommends authorizing the execution of the Sidewalk Agreement.
cc: Infrastructure and Technology Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the execution of a Sidewalk Agreement between the City of Aurora and Gonnella Baking Co. Inc., owner of the property at 2435 Church Road (Ward 1).
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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, construction of a sidewalk in the right-of-way adjacent to 2435 Church Road was a condition of the Engineering Division's approval of the Gonnella Baking Co. Inc. (Gonnella) facility expansion approved in 2014; and
WHEREAS, the City of Aurora and Gonnella agree that construction of the sidewalk at the present time is unnecessary; and
WHEREAS, the City has requested Gonnella to acknowledge the future requirement of the sidewalk, and Gonnella's obligation to either build it or pay the City the proportionate cost of constructing the sidewalk on Gonnella's behalf adjacent to the subject property; and
WHEREAS, Gonnella has requested that the City release it from its obligations to maintain its subdivision bond and issue it a Certificate of Occupancy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: said Council authorizes the execution of the Sidewalk Agreement between the City of Aurora and Gonnella as set forth in Exhibit A.