City Council Minutes 2000 03-09-00 (special cc) UNITED CITY OF YORKVILLE
JOINT MEETING OF THE CITY COUNCIL & SCHOOL BOARD MINUTES
MARCH 9, 2000
List of those members and guests in attendance is attached to the City's record copy.
Mayor Prochaska opened the meeting stating this was a working meeting of the
School Board & City Council, and for members to have an opportunity to speak.
Mayor Prochaska stated he had our Deputy Treasurer research the amount of school
transition fees the City has collected over the years since the inception of this fee
(see attached). As late comers arrive Mayor Prochaska welcomed everyone and
invited them to join in. He continued stating that the first order of business is the
City School Transition Fee Ordinance. The City is looking at upgrading the
ordinance and copies were distributed. Mayor Prochaska stated there are several
things that have come to light as the Council has been discussing this. This
ordinance was drawn up to only deal with District #115. Yorkville has already
annexed some commercial property in the Plano School District and part of Plano
could soon be in Yorkville's School District Several years ago the City Council had
began the process to upgrade this ordinance and then it was shelved. We need to be
cautious with this as this ordinance is pretty strong being based on transition fees at
the time of annexation agreement because Yorkville is not a Home Rule City. City
Attorney Dan Kramer stated this is correct, the City cannot impose a fee without it
being by annexation or development agreement. What we want this ordinance do is
to cover any School District that would fall in the City now or in the future. The
ordinance as it stands could eventually be considered discriminatory if the City
annexes residential property in another school district. When originally passed,
there was mention of indemnification by the School District included in the
ordinance, but this was never done by the School District. We are requesting any
School District who wants the City to collect fees indemnify the City. The City
passes 100% of this money over to the School District.
Mayor Prochaska opens the floor to speakers.
Dr. Engler states there are additions to the ordinance since it was drafted in 1993.
Mayor Prochaska presents a report of all money that have been collected since it
began and stated that the City is considering having each developer pay the
appropriate School District directly and bring a receipt to the City when getting
building permits. Alderman Sticka stated this is due to the fact that Yorkville will
soon have other school districts within its boundaries also. Mayor Prochaska stated
that some of the people present may have seen a copy of the proposed ordinance
and can see what the City is looking for in the ordinance.
A School Board member stated that at the time of the original ordinance the schools
costs were $3800. and are probably now at about $4000. Mayor Prochaska stated
each school district would have a fee of their own or perhaps an average. Attorney
Kramer stated that an average could be established at the time of annexation with
the developer. This would establish a uniform amount.
Dr. Engler stated that when we began the fee they had met with developers and had
asked for $3000. Alderman Sticka stated that the delay in tax money is much less
now than it used to be. Mayor Prochaska stated that due to this, the City
recommends keeping the fee where it currently is at $1500. and justly some people
don't go a full year without being taxed. Additionally Mayor Prochaska stated he
wanted everyone to be clear on the fact that this fee would not be applicable for
senior housing. Attorney Kramer stated this would be also by agreement and would
required minimum age limits and a time frame (usually 50 years) before the
development can change from seniors to any other age bracket. Seniors would pay
school land cash, but not transition fees.
Dr. Engler stated that with costs near $6000., $1500. wouldn't cover many months.
Attorney Kramer pointed out that some communities don't do this at all, so that
becomes a difficult situation. Kendall County has no annexation and has no way to
collect. Newark does this voluntarily.
Attorney Kramer stated that there have been many trials around the country and here
in Crystal Lake they ended up settling and then changed to Home Rule so they
would never have to deal with this issue again.
Mayor Prochaska stated that because the City of Yorkville will be dealing with
multiple school districts any school district operating within Yorkville boundaries
would be asked to indemnify. Not doing this would relieve the City of the
responsibility to collect these fees. District 9115 was asked in 1993 and failed to do
so, but the City has passed along 1/2 million dollars to them.
The body who receives the money would be the one who would have to return those
funds if required. The City needs to take this precaution on behalf of the residents.
Dr. Engler stated the school District has spoken with several attorneys and they
don't have a problem with the fee, but need a copy of the ordinance in order to
review it. I don't have a problem with the fee either.
Mayor Prochaska stated the City would like to go ahead and pass the City ordinance
allowing a grace period for attorneys to review. The next City Council meeting is
March 23, 00 and we will allow a 30 day grace period beyond that for signing by
the School District. If the School District fails to pass a resolution to support our
ordinance the City would then not collect for any school district who has failed to
pass the supporting resolution. Once passed any developer within Yorkville will
pay school transition fees, and we will be approaching the Plano Board to get
started there, as it is only a matter of time before they are in Yorkville.
A school district member stated this seems to be a pro-active thing to do and the
school district should fall in with the agreement. The School district meets the first
week of May, and could the City's deadline be extended until that meeting takes
place. Mayor Prochaska stated we could do that. Mayor Prochaska stated the City
Council has been conscientious in including the transition fee in all annexation
agreements.
Janet Reaves stated she would be the devil's advocate, asking what will happen if
the do not pass the resolution. Alderman Sticka stated that is written in the
ordinance, you either want the money or you don't.
Mayor Prochaska opened the floor to any other questions.
Mayor Prochaska stated that the City has a Planning Consultant on board now and
is looking to begin updating the City's Comprehensive Plan. The last update took
over a year to complete. It would be helpful to have the demographic study and to
see the whole picture when planning for any schools. The City would welcome
input from the school district, and has already had discussion with Oswego. All of
the nearby municipalities have similar plans and ideas for expansion, so there aren't
any big differences regarding our boundaries. We will also have a Park Plan that
will include Land Cash. There will be a review schedules, with committees and
planners...workshops where the public will be invited to review as well. We would
like input from the school district too. We will have advisory committee meetings
and when we have it all nailed down we should have a good feel for the direction.
We will also be asking for public input.
City Administrator, Mr. Nanninga stated the City has been pulling paper work
together on a grant program that is not available yet as we have to be over 5000 in
population, but we hope to get some of these funds for improvement to Game Farm
Road after the Census is completed.
We want to include a better flow in the Game Farm Road area. We will be
requesting actual funding for the engineering and construction of the road. Game
Farm Road would be 3 lanes, 39' wide with turn lanes and there has been talk of a
traffic light at Route 934. The Hatcher building right at Game Farm is seeking an
entrance to route 934 from IDOT.
Alderman Dockstader stated the City has grown and with the school district and
Parks program working together have all done a good job and we have saved tax
payer money by working out agreements to share facilities.
Alderwoman Burd stated that the City encourages everyone to come and discuss the
issues as they arise.
Mayor Prochaska stated developing the Compressive Plan update will include
several months of meetings in an informal atmosphere. This helps our community to
help work things out together.
Adjourned 7:00 PM
Ciy d Yerkme Phone:
City of Yorkville FAX:
email:
To: Jim Nanninga
From: Kim King
CC.* Art Prochaska
Date: Thursday, March 9, 2000.
Subject. Payments to Yorkville School
Dist. #115 for Transition Fees
Per your request, the following is a breakdown of payments made
to the Yorkville School District#115 for Transition Fee's Collected from
the time the City passed the Transition Fee Ordinance on August 26, 1993.
F/Y 93-94 = $ 0.00
F/Y 94-95 = $ 7,500.00
F/Y 95-96 = $204,000.00
F/Y 96/97 = $133,500.00
F/Y 97-98 = $ 70,500.00
F/Y 98-99 — $ 79,500.00
F/Y 99-00 = $ 93,000.00 (5/01/99 - 03/09/00)
Total Payments = $588,000.00
UNITED CITY OF YORKVILLE
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Joint Meeting of City Council and School District Board
March 9, 2000
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