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TO: Mayor Thomas J. Weisner
FROM: Bill Wiet, Chief Development Services Officer
DATE: February 6, 2015
SUBJECT:
To request approval of a Memorandum of Understanding (MOU) between the City of Aurora and DuPage Properties Venture (DPV) establishing terms by which the City of Aurora will fund the undergrounding of ComEd 12kv feeder lines adjacent to property owned by DPV.
PURPOSE:
DuPage Properties Venture (DPV) is owner of Butterfield Center for Commerce and Industry. This center consisted of a large portion of the far northeast side of the City located north of the tollway on both the east and west sides of Eola Road. They have several large parcels still available for development with Lots 502 and 503, adjacent to the Eola Road Interchange ramp, being prime parcels where the City and DPV expect high end, high quality commercial development. ComEd has been in discussions with city staff for the past several months on a summer critical project that involves the installation of a new 12kv overhead feeder line originating in the vicinity of Eola Road and Bilter Road and heading in an easterly and westerly direction. ComEd had identified areas in and around the northeast portion of the community where future development, and demand, will require additional power being made available.
BACKGROUND:
Although adequately served by power, a portion of the 12kv feeder will extend along the right-of-way for Lots 502 and 503. Given these parcels are poised to be high-end commercial development, which would add to the City's tax base and benefit the community as a whole, discussions ensued on undergrounding the proposed feeder lines along a stretch of Bilter Road including these properties. If the City pursued the undergrounding of the lines, it would be for the intention of marketing the site to the highest and best uses at this interchange. Staff had indicated to DPV that upon review of their zoning entitlements, Lots 502 and 503 included permitted uses such as warehousing, distribution, heavy industrial and outside storage. Staff's position to DPV was that these uses are counter to expected uses at this interchange, and would not be negatively impacted if the 12kv lines were constructed as overhead power poles..
DISCUSSION:
The result of our discussions on the undergrounding of ComEd feeder lines was the drafting of a Memorandum of Understanding (MOU) that, should the council direct the undergrounding of theses power lines, DPV would agree to prohibit the above-mentioned uses. DPV would submit a land use petition to the Planning Division in accordance with the revised Plan Description Exhibit A, which indicates the removal of the following uses from the permitted uses list: 3300 Warehouse, Distribution and Storage services; 3310 Vehicle terminals and vehicle storage yards, major; 3311 Vehicle storage yards, minor; 3400 Heavy industrial and 4140 Truck and freight transportation services. The attached MOU has been executed by DPV, and will await the mayor's signature upon Council approval.
IMPACT STATEMENT:
The approval of this MOU is the first step in the undergrounding of the ComEd power lines. The City would then need to direct ComEd to underground the 12kv feeder. These two steps in combination will have a positive impact on Aurora and its citizens by providing the ability to market the area to highest and best uses, thereby providing jobs and increasing the tax base. There will be no negative impact on the public or city services.
RECOMMENDATIONS:
It is recommended the attached MOU be approved.
cc: Alderman O'Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Peters, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Approving a Memorandum of Understanding between the City of Aurora and DuPage Properties Venture for Lots 502 and 503 of Butterfield Center for Commerce and Industry
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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, DuPage Properties Venture (DPV) is owner of the Butterfield Center for Commerce and Industry, including Lots 502 and 503 in Unit 5, consisting of approximately 100 vacant acres of desirable, high end developable land located on either side of the Eola Road Interchange ramp located north of the tollway; and
WHEREAS, ComEd is planning to construct a new, overhead, 12kv feeder line along Bilter Road west of Eola Road, to serve the future needs of customers in the northeast portion of the community, and
WHEREAS, The City of Aurora is considering funding the undergrounding of the proposed overhead feeder line for the purpose of maintaining high end commercial development in this area, which will add jobs and increase the tax base for the benefit of the entire community; and
WHEREAS, in return for the City taking the financial responsibility of undergrounding the ComEd transmission lines, DPV will agree to a revision to the existing Plan Description for Lots 502 and 503 prohibiting certain uses that may not be the highest and best uses for the area.)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: It is recommended that the attached MOU between the City of Aurora and DuPage Properties Venture be approved, and the Mayor be hereby authorized to sign said attached MOU on behalf of the City.