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TO: Mayor Richard C. Irvin
FROM: Stephane A. Phifer, Planning Director
DATE: October 19, 2017
SUBJECT:
A Resolution Authorizing the First Amendment to the Master License Agreement for Wireless and Pole Mounted Communications Facilities Located within the City of Aurora with Vigilant Global LLC
PURPOSE:
The City of Aurora is seeking an amendment to Appendix A "Fee Schedule" of the Master License Agreement with Vigilant Global LLC, approved on May 23, 2017 with Resolution R17-179.
BACKGROUND:
On December 13, 2016, with Ordinance O16-083, the City Council amended Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances. One of the changes to the Ordinance was regarding the installation of Communication Facilities on new or existing utility / light poles. Pursuant to the revised Ordinance Communication Facilities on new, existing or modified poles are permitted in any zoning district, provided a license or lease authorizing such installations has been approved by the city. The City entered into such an agreement with Vigilant Global LLC on May 23, 2017 with Resolution R17-179.
Pursuant to Section 6.1 of said agreement the Fee Schedule, set forth in Appendix A of the agreement, may be revised by the City Council from time to time to reflect existing market conditions and Permit-related increases in the City’s overhead.
DISCUSSION:
Since May of 2017 the City has received 10 so called "CPOL" permits for the installation of Communication Facilities on new or existing utility / light poles. Based on the time and complexity of these permits Staff is recommending that the Application Permit Fee associated with the permits for these communication facility installations should be based on the City's standard building permit fees. The City Council establishes, from time to time, by separate resolution, certain development user fees including those for building permit fees. The current resolution being R15-317 is attached and CPOL permits would fall under Commercial Accessory category.
IMPACT STATEMENT:
Staff would anticipate that this project will increase the City’s overall tax base and viability by facilitating investment and development which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the attached recommended First Amendment to the Master License Agreement for Wireless and Pole Mounted Communications Facilities Located Within the City of Aurora with Vigilant Global LLC.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the First Amendment to the Master License Agreement for Wireless and Pole Mounted Communications Facilities Located within the City of Aurora with Vigilant Global LLC
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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, on May 23, 2017 by Resolution R17-179, Vigilant Global LLC and the City of Aurora and approved a Master License Agreement for Wireless and Pole Mounted Communications Facilities Located Within the City of Aurora; and
WHEREAS, pursuant to Section 6.1 of said agreement the Fee Schedule, set forth in Appendix A of the agreement, may be revised by the City Council from time to time to reflect existing market conditions and Permit-related increases in the City’s overhead; and
WHEREAS, the City desires that said Agreement be amended as set forth in Exhibit “A”, to provide for the Application Fees to be based on the City's standard building permit fees; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby finds as fact all of the preamble recitals of this Resolution, and do hereby authorize the execution of the First Amendment to the Agreement, attached hereto and incorporated herein as Exhibit "A".