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TO: Mayor Richard C. Irvin
FROM: Trevor Dick, Assistant Director
DATE: November 9, 2022
SUBJECT:
A Resolution Authorizing the Execution of a License Agreement with RGV Investments, for a Portion of the City Owned Property at 14 W Galena Boulevard for the Construction and Use of a Dumpster Enclosure to Support the Aurora Business Center at 31 W Downer Place, Aurora, Illinois.
PURPOSE:
The Petitioner, RGV Investments, doing business as Aurora Business Center, is requesting to enter into a License Agreement which would allow the petitioner to construct and maintain a dumpster enclosure which will include a retaining wall, concrete pad, fencing and gate on a portion of the City's property located at 31 W Downer Place, Aurora, Illinois.
BACKGROUND:
In 2020, RGV Investments bought the property at 31 W Downer Place and has greatly improved the building by renovating the interiors, ensuring a higher business retention and reducing vacancy. The 23,120 sf building covers almost all of its parcel it sits on; it is bounded by the Fox River to the east, Downer Street to the south, Hoyt Place and Waubonsee Community College to the west and the City Park at 14 W Galena Boulevard to the north. The current building immediately abuts the city owned public open space. Because the building is on all property lines, there is no private land available. As a result, the buildings dumpster has been located on the public walkway/trail that runs along the Fox River. As the vacancies have been filled within the building, the dumpster and waste issue has only gotten worse.
The property owners and staff have met at the site a number of times of the last few months to identify possible solutions. Staff and the property owner are recommending a license agreement which will allow for the construction of a dumpster enclosure and storage area on City's property since there is no land available on their property.
The developer, licensee, at his own expenses will build a retaining wall, a concrete pad for dumpster area, and a fenced enclosure pursuant to the FoxWalk design guidelines; and will maintain it in the same conditions as of the effective date of the agreement until completion of its use.
The licensed area is shown on Exhibit A- Location of Licensed Area on City of Aurora Property. In staff's opinion, the area where the retaining wall, concrete pad and trash enclosure will be added, will not be in the way of any future development.
DISCUSSION:
The license agreement, Exhibit B, will be in force from the effective date of this Agreement for a period of twenty (20) years. The petitioner will construct and maintain future planned improvements that will benefit their business operations at 31 W. Downer.
IMPACT STATEMENT:
Staff would anticipate that this project will increase the City’s overall tax base by facilitating investment and development.
RECOMMENDATIONS:
Staff recommends approval of the resolution authorizing the execution of a License Agreement.
cc: Building, Zoning and Economic Development (BZE)
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Execution of a License Agreement with RGV Investments, for a Portion of the City Owned Property at 14 W Galena Boulevard for the Construction and Use of a Dumpster Enclosure to Support the Aurora Business Center at 31 W Downer Place, Aurora, Illinois.
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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, RGV Investments, has made improvements to the Aurora Business Center at 31 W Downer Place; and
WHEREAS, a dumpster enclosure is needed to comply with City code; and
WHERAS, due to property area limitations, RGV Investments, needs access and use of the City's adjoining property at 14 W Galena Boulevard in order to construct a new retaining wall, a concrete pad for dumpster area, and a fenced enclosure; and
WHEREAS the City seeks to support Aurora Business Center's continued success and is therefore willing to allow the corporation to use its property at 14 W Galena Boulevard for the mutual benefit of both parties; and
WHEREAS, RGV Investments, shall obtain a Certificate of Appropriateness and proper permit from the City of Aurora for any future retaining wall, concrete pad and trash enclosure building before any installation; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: the Mayor shall be and hereby is authorized to execute the afore described Agreement on behalf of the City.