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Economic Development Packet 2012 04-03-12 CIT�- �` � United City of Yorkville R 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, April 3, 2012 7:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: March 6, 2012 New Business: 1. EDC 2012-12 Building Permit Report for March 2012 2. EDC 2012-13 Building Inspection Report Summary for March 2012 3. PC 2012-02 D Construction Spoil/Fill Site (Evergreen Farms Estate) Special Use Request 4. EDC 2012-14 Municipal Building Impact Fee 5. EDC 2012-15 Imperial Investments TIF Incentive Agreement Old Business: Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, April 3, 2012 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. March 6, 2012 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2012-12 Building Permit Report for March 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2012-13 Building Inspection Report Summary for March 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PC 2012-02 D Construction Spoil/Fill Site (Evergreen Farms Estates) Special Use Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2012-14 Municipal Building Impact Fee ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2012-15 Imperial Investments TIF Incentive Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� 9 _© Public Works ❑ Agenda Item Summary Memo Title: Minutes of the Economic Development Committee—March 6, 2012 Meeting and Date: EDC—April 3, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Clerk's Office Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, March 6, 2012, 7:OOpm City Conference Room In Attendance: Committee Members Chairman Marty Munns Alderman Jackie Milschewski Alderman Chris Funkhouser Alderman Diane Teeling Other City Officials City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble Code Official Pete Ratos Other Guests Lynn Dubajic, YEDC Tony Scott,Kendall County Record The meeting was called to order by Chairman Marty Munns at 7:05pm. Citizen Comments: None New Business 1. EDC 2012-06 Building Permit Report for January and February 2012 It was noted the number of permits are increasing. Minutes for Correction/Approval(out of sequence) January 3, 2012 The minutes were approved as presented. 2. EDC 2012-07 Building Inspection Report Summary for January and February 2012 Code Official Pete Ratos said next month looks positive and there should be some building occurring in the spring and summer. 3. EDC 2012-08 Resolution Supporting the Kendall County Community Economic Developm en t Plan Dated December 2011 Mr. Olson said this plan was approved by the County and they are asking for a vote of acceptance from each municipality to promote and market the plan. Chairman Munns said there is no mention of the cost and there seems to be duplication of what some of the cities are already doing. 1 Ms. Dubajic commented that the County wants all the towns to attend events together and promote a unified front to promote to major industrial users. Accessibility to a large workforce is also an important factor. She said the plan cost is paid from County funds. Alderman Teeling asked what the County used prior to this plan. There was no formal document in place previously. The County has a point person already with no new hires planned. Alderman Funkhouser said he attended the presentation at a School Board meeting and wondered about the duplication of what Yorkville is already trying to accomplish in attracting industrial users. He felt that might be a slight drawback. However, Ms. Dubajic said the local economic development leaders would attend meetings along with the County. She added that some industrial businesses might be too large to be within the City, but if they located in the County, Yorkville would still reap some benefits. In a related issue, Ms. Dubajic said the Eldamain corridor is underserved with natural gas for industrial uses. She said this proposed resolution would assist with this issue and overall be a beneficial tool. A job fair will be held on June lst at the Waubonsee College Plano campus according to Ms. Dubajic and will be a Kendall County Job Fair to serve the entire county. Businesses that serve the County on a regional basis will be solicited. Alderman Munns asked about downtown improvements as related to this resolution. Ms. Dubajic said the downtown would primarily be a municipal decision. All communities are being asked to support this resolution and Mr. Olson expects that all towns will approve. Other issues such as transportation could be examined by the County as well. Ms. Teeling said the City should support this resolution since all of Yorkville is in the County. However, concerns about the budget were expressed by Chairman Munns. Some committee members wondered if the County budget would increase as a result of this resolution. This resolution will move forward to City Council for consideration. 4. EDC 2012-09 Land Cash Appraisal Update In the last couple months, this committee has discussed ideas to spur development and defer costs. One of the ideas was to obtain a new appraisal for land value. Estimates for this study ranged from$2,500 to $7,500 with a time frame of 3 weeks to 45 days. The firm David W. Phillips Company was selected to conduct this study since they utilize more concrete methodology. Their fee is $4,500 with a completion time of 30 days. This will move forward and Krysti Barksdale-Noble will provide an update at the May EDC. 2 In a related matter, Alderman Teeling said she feels the municipal building fee should be further reduced especially since some of the local builders are locked in at high fees in comparison to others at $150. Mr. Olson said these fees would affect the Build Program and the long range plans for a new municipal building and police department. Ms. Barksdale-Noble asked if the permit fees could be waived and the municipal building fees remain intact. Mr. Olson replied that they could. This matter will be brought back to the April EDC meeting for further discussion. 5. EDC 2012-10 B.U.LL.D. Incentive Program Update Twelve new permits have been issued for single-family homes, since the beginning of the year and 4 of these are with the B.U.I.L.D. program. Ms. Barksdale-Noble expects 30 permits in 12 months under this program. It is hoped that 75-100 permits will be issued for the year. In next month's permit report, there will be an additional column detailing the B.U.I.L.D. permits. This program update will be sent out after the meeting and to the Council under staff reports. 6. EDC 2012-11 Tuscan Plaza—Request for Release and Termination of TIFIDevelopm en t Agreem en t The new buyer/owner for Tuscan Plaza contacted the City and requested that the TIF agreements be released to clear the title. The City Attorney said TIF agreements should not be attached to the titles or to the property and she has prepared documents for the release. Mr. Olson said potential financial obligations for the City are also removed by this action. The new owner can re-apply for a new TIF. Old Business—none Additional Business -none There was no further business and the meeting adjourned at 7:36pm. Minutes respectfully submitted by Marlys Young 3 Reviewed By: Agenda Item Number 4 ' �► Legal ❑ NB #1 Finance ❑ EST. -�` _ ti W36 Engineer ❑ �:--- g Tracking Number �! City Administrator ❑ Consultant ❑❑ EDC 2012-12 ALE Agenda Item Summary Memo Title: Building Permit Activity Report(March 2012) Meeting and Date: EDC—April 3, 2012 Synopsis: All permits issued in the month of March 2012 Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Informational Council Action Requested: None Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: cj;J �36 UNITED CITY OF YORKVILLE ESI BUILDING PERMIT REPORT March 2012 LIL E lV� Number of SFD B.U.I.L.D. SFA Multi- Commercial Industrial Misc. Construction Permit Permits Sin,-le family Single Family Single ramih. Famil Includes all Perwrits Cost Fees Issued Divelfing Dwellhrg Issued for Apartments Condominiums Commercial Use March 2012 49 9 - 4 0 - 0 -- 6 0 - 30 3,137,669.00 154,391.29 Calendar Year 71 9 4 0 0 19 0 39 3,334,800.00 157,152.69 2012 Fiscal Year 2012 501 47 4 0 0 123 0 327 17,136,518.00 566,777.41 March 2011 47 6 0 - 0 9 0 32 1,122,781.00 68,182.68 Calendar Year 66 6 0 0 18 0 42 1,194,343.00 69,707.18 2011 Fiscal Year 2011 506 33 6 0 107 0 360 11,982,590.00 462,268.34 March 2010 46 5 0 0 7 0 34 2,576,358.00 44,533.67 Calendar Year 92 12 0 0 25 0 55 4,702,503.00 108,553.82 2010 Fiscal Year 2010 509 58 8 0 125 0 318 29,314,401.00 765,225.30 5-1-09 thru 3-31-10 March 2009 40 3 0 0 22 0 15 3,961,170.00 83,686.36 Calendar Year 76 4 0 0 42 0 30 4,916,214.00 101,022.86 2009 Fiscal Year 2009 643 112 4 0' 202 0 325 63,080,553.00 1,519,404.72 5-1-08 thru 3-31-09 Prepared by D Weinert `fit] CfTy Reviewed By: �� ' �► Legal ❑ Agenda Item Number Finance ❑ NB #2 EST. -�` _ ti 1836 Engineer ❑ �! City Administrator ❑ Tracking Number ! t3 Consultant ❑ ❑ EDC 2012-13 ALE Agenda Item Summary Memo Title: Building Inspection Report Summary(March 2012) Meeting and Date: EDC—April 3, 2012 Synopsis: All inspections performed in the month of March 2012. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: DATE: 03/30/2012 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 10:26:57 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 03/01/2012 TO 03/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 003-FIN FINAL INSPECTION 20100559 1173 CODY CT 11 03/07/2012 Commentsl: DECK PR 015-FIN FINAL INSPECTION 20110040 366 BERTRAM DR 1037 03/21/2012 PR 016-PLF PLUMBING - FINAL 03/21/2012 PWK --- 017-EFL ENGINEERING - FINAL INSPE 03/21/2012 PR 013-FIN FINAL INSPECTION 20110323 4606 PLYMOUTH AVE 996 03/09/2012 PR 014-PLF PLUMBING - FINAL 03/09/2012 PWK 015-EFL ENGINEERING - FINAL INSPE 03/09/2012 Commentsl: REINSPECT PR 015-FIN FINAL INSPECTION 20110365 2567 EMERALD LN 130 03/09/2012 PR _ 016-PLF PLUMBING - FINAL 03/09/2012 PWK 018-EFL ENGINEERING - FINAL INSPE 03/09/2012 PR - AM 010-REL ROUGH ELECTRICAL 20110404 1102 CORNELL LN 03/12/2012 Commentsl: ABOVE CEILING PR — AM 011-RMC ROUGH MECHANICAL 03/12/2012 Commentsl: ABOVE CEILING PR 010-RFR ROUGH FRAMING 20110462 4626 PLYMOUTH AVE 993 03/30/2012 PR 011-REL ROUGH ELECTRICAL 03/30/2012 PR _�- 012-RMC ROUGH MECHANICAL 03/30/2012 PR 013-PLR PLUMBING - ROUGH 03/30/2012 PWK 017-EPW ENGINEERING- PUBLIC WALK 20110480 1101 KATE DR 36 03/20/2012 Z 017-PWK PRIVATE WALKS 20110512 1103 REDWOOD DR 48 03/26/2012 I PR _ 018-EPW ENGINEERING- PUBLIC WALK 03/26/2012 I PR 016-MIS MISCELLANEOUS 20110514 608 E VETERANS PKWY 1 03/23/2012 Commentsl: PRIVATE WALKS I I PR PM 038-FIN FINAL INSPECTION 20110518 735 ERICA LN STE 1B 03/20/2012 I PR _ PM 039-PLF PLUMBING - FINAL 03/20/2012 I DATE: 03/30/2012 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 10:26:57 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 03/01/2012 TO 03/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PWK _ 015-EPW ENGINEERING- PUBLIC WALK 20110525 2286 LAVENDER WAY 57 03/22/2012 015-EFL ENGINEERING - FINAL INSPE 20110567 1332 CLEARWATER DR 252 03/08/2012 Commentsl: SECURITY GUARANTEE PAID CHK #2233; 2-22- Comments2: 12 BBOX KEY is KEYABLE PR 016-FIN FINAL INSPECTION 03/09/2012 PR _ 017-PLF PLUMBING - FINAL 03/09/2012 PWK 018-EPW ENGINEERING- PUBLIC WALK 03/20/2012 PR AM 019-PPS PRE-POUR, SLAB ON GRADE 03/20/2012 PWK 08:30 018-EPW ENGINEERING- PUBLIC WALK 20110570 2348 EMERALD LN 34 03/28/2012 PR 001-FIN FINAL INSPECTION 20110582 202 W WHEATON AVE 3 03/21/2012 Commentsl: SIGNS PR 005-FIN FINAL INSPECTION 20110597 1076 HOMESTEAD DR 36 03/27/2012 PR 006-PLF PLUMBING - FINAL 03/27/2012 PR 08:00 001-FTG FOOTING 20110600 444 VETERANS PKWY 03/14/2012 Commentsl: MONUMENT SIGN PR AM 022-FIN FINAL INSPECTION 20110603 1342 MARKETPLACE DR 4 03/01/2012 Commentsl: UNITS 4113, 4114, 4123, 4124 PR ____ 024-PLF PLUMBING - FINAL 03/01/2012 PR ____ AM 025-FIN FINAL INSPECTION 03/12/2012 PR AM 026-PLF PLUMBING - FINAL 03/12/2012 PR _ PM 006-FIN FINAL INSPECTION 20120002 1994 BANBURY AVE 31 03/22/2012 PR _ 007-PLF PLUMBING - FINAL 03/22/2012 PR 001-FIN FINAL INSPECTION 20120005 320 E VETERANS PKWY 2 03/21/2012 Commentsl: SIGN PR _ 004-RMC ROUGH MECHANICAL 20120011 604 W VETERANS PKWY 03/01/2012 PR 08:30 001-RFR ROUGH FRAMING 20120015 1102 CLEARWATER DR 30 03/09/2012 PR 08:30 002-REL ROUGH ELECTRICAL 03/09/2012 I DATE: 03/30/2012 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 10:26:57 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 03/01/2012 :0 03/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ----------------------------------------------------------------------------------------------------------- -------- -------------- PR AM 003-PLR PLUMBING - ROUGH 03/27/2012 PR __ AM 004-RMC ROUGH MECHANICAL 03/27/2012 PR 11:30 001-PLU PLUMBING - UNDERSLAB 20120017 1228 N BRIDGE ST B4 03/29/2012 PR 13:00 001-FTG FOOTING 20120018 378 BERTRAM DR 1034 03/06/2012 PR 11:00 002-PPW PRE-POUR, WALL STEEL 03/09/2012 PR AM 003-BKF BACKFILL 03/14/2012 PWK AM 004-ESW ENGINEERING - SEWER / WAT 03/14/2012 Commentsl: APPROVED AS NOTED PR 005-PLU PLUMBING - UNDERSLAB 03/21/2012 PR 006-GAR GARAGE FLOOR 03/22/2012 PR 007-BSM BASEMENT FLOOR 03/22/2012 PR 008-STP STOOP 03/22/2012 PR 001-FTG FOOTING 20120019 2447 EMERALD LN 115 03/08/2012 PWK AM 002-ESW ENGINEERING - SEWER / WAT 03/19/2012 PR _ AM 003-BKF BACKFILL 03/20/2012 PR 004-PLU PLUMBING - UNDERSLAB 03/27/2012 PR 005-BSM BASEMENT FLOOR 03/27/2012 PR 006-GAR GARAGE FLOOR 03/27/2012 PR 007-STP STOOP 03/27/2012 PR _ 001-FTG FOOTING 20120020 2338 EMERALD LN 36 03/07/2012 PWK AM 002-ESW ENGINEERING - SEWER / WAT 03/19/2012 PR AM 003-BKF BACKFILL 03/20/2012 PR 004-GAR GARAGE FLOOR 03/23/2012 j PR 005-BSM BASEMENT FLOOR 03/23/2012 PR 006-STP STOOP 03/23/2012 DATE: 03/30/2012 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 10:26:57 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 03/01/2012 TO 03/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 007-PLU PLUMBING - UNDERSLAB 03/23/2012 PR _ 001-FTG FOOTING 20120021 2431 EMERALD LN 113 03/15/2012 PR AM 002-BKF BACKFILL 03/22/2012 PR 003-ESS ENGINEERING - STORM 03/22/2012 PR 004-ESW ENGINEERING - SEWER / WAT 03/22/2012 PR 001-FTG FOOTING 20120023 2276 LAVENDER WAY 58 03/15/2012 PR AM 002-BKF BACKFILL 03/22/2012 PR 003-ESS ENGINEERING - STORM 03/22/2012 PR 004-ESW ENGINEERING - SEWER / WAT 03/22/2012 PR 005-PLU PLUMBING - UNDERSLAB 03/27/2012 PR 006-STP STOOP 03/29/2012 PR 007-BSM BASEMENT FLOOR 03/29/2012 PR 008-GAR GARAGE FLOOR 03/29/2012 PR 13:00 001-FTG FOOTING 20120024 182 BURNETT ST 1240 03/30/2012 PR 001-BKF BACKFILL 20120026 396 BERTRAM DR 1029 03/22/2012 PR 002-ESW ENGINEERING - SEWER / WAT 03/28/2012 PR _ 001-FTG FOOTING 20120028 2279 LAVENDER WAY 71 03/07/2012 PR 09:30 AM 002-PPW PRE-POUR, WALL STEEL 03/09/2012 PR 003-BKF BACKFILL 03/14/2012 PWK _ AM 004-ESW ENGINEERING - SEWER / WAT 03/19/2012 PR _ 005-PLU PLUMBING - UNDERSLAB 03/27/2012 PR _ 006-STP STOOP 03/28/2012 PR 007-BSM BASEMENT FLOOR 03/28/2012 PR ___ 008-GAR GARAGE FLOOR 03/28/2012 DATE: 03/30/2012 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 10:26:57 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 03/01/2012 TO 03/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 10:00 002-FIN FINAL INSPECTION 20120029 1423 CANNONBALL TR 03/28/2012 PWK 001-ESW ENGINEERING - SEWER / WAT 20120030 1979 MEADOWLARK LN 118 03/06/2012 PR AM 002-FTG FOOTING 03/08/2012 PR AM 003-PPW PRE-POUR, WALL STEEL 03/13/2012 PR AM 004-BKF BACKFILL 03/15/2012 PR AM 005-PLU PLUMBING - UNDERSLAB 03/29/2012 PR 13:00 001-PHF POST HOLE - FENCE 20120033 2321 IROQUOIS LN 13 03/20/2012 PR 12:30 001-ESW ENGINEERING - SEWER / WAT 20120036 1292 DEERPATH DR 227 03/20/2012 PR 12:00 002-FTG FOOTING 03/21/2012 PR AM 003-BKF BACKFILL 03/29/2012 PR AM 001-PH POST HOLES / PILES 20120042 4579 GARDINER AVE 1105 03/27/2012 PR 001-PHF POST HOLE - FENCE 20120043 2398 SUMAC DR 54 03/23/2012 PR 14:00 001-PHF POST HOLE - FENCE 20120045 861 PRAIRIE CROSSING DR 172 03/21/2012 PR _ 002-FIN FINAL INSPECTION 03/27/2012 Commentsl: FENCE PR 001-FIN FINAL INSPECTION 20120046 1504 CORAL DR 175 03/14/2012 PR 08,00 001-FEL FINAL ELECTRIC 20120047 1652 N BEECHER AVE 03/27/2012 PR 13:00 AM 001-PHF POST HOLE - FENCE 20120048 879 PRAIRIE CROSSING DR 171 03/22/2012 PR 002-FIN FINAL INSPECTION 03/27/2012 Commentsl: FENCE PR PM 001-PHF POST HOLE - FENCE 20120049 1302 DEERPATH DR 226 03/15/2012 PR 001-PH POST HOLES / PILES 20120051 3132 LAUREN DR 110 03/20/2012 PR 002-RFR ROUGH FRAMING 03/27/2012 PR 001-FIN FINAL INSPECTION 20120054 706 MORGAN ST 03/20/2012 Commentsl: ROOF PR 001-PLR PLUMBING - ROUGH 20120056 1102 HAMPTON LN 260 03/26/2012 DATE: 03/30/2012 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 10:26:57 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 03/01/2012 TO 03/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 001-PHD POST HOLE - DECK 20120065 612 SUTTON ST 164 03/22/2012 PR 001-PHD POST HOLE - DECK 20120073 808 S STATE ST 03/27/2012 DATE: 03/30/2012 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 10:26:57 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 03/01/2012 TO 03/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PERMIT TYPE SUMMARY: ADD ADDITION 1 BDO COMMERCIAL BUILD-OUT 2 BIP BUILD INCENTIVE PROGRAM SFD 24 BSM BASEMENT REMODEL 9 CRM COMMERCIAL REMODEL 8 DCK DECK 6 ELE ELECTRICAL UPGRADE 1 ESN ELECTRIC SIGN 3 FNC FENCE 8 MIS MISCELLANEOUS 1 ROF ROOFING 1 SFD SINGLE-FAMILY DETACHED 52 INSPECTION SUMMARY: BKF BACKFILL 9 BSM BASEMENT FLOOR 5 EFL ENGINEERING - FINAL INSPECTION 4 EPW ENGINEERING- PUBLIC WALK 5 ESS ENGINEERING - STORM 2 ESW ENGINEERING - SEWER / WATER 9 FEL FINAL ELECTRIC 1 FIN FINAL INSPECTION 17 FTG FOOTING 10 GAR GARAGE FLOOR 5 MIS MISCELLANEOUS 1 PH POST HOLES / PILES 2 PHD POST HOLE - DECK 2 PHF POST HOLE - FENCE 5 PLF PLUMBING - FINAL 9 PLR PLUMBING - ROUGH 3 PLU PLUMBING - UNDERSLAB 7 PPS PRE-POUR, SLAB ON GRADE 1 PPW PRE-POUR, WALL STEEL 3 PWK PRIVATE WALKS 1 REL ROUGH ELECTRICAL 3 RFR ROUGH FRAMING 3 RMC ROUGH MECHANICAL 4 STP STOOP 5 INSPECTOR SUMMARY: 1 PR PETER RATOS 103 PWK PUBLIC WORKS 12 STATUS SUMMARY: A PR 1 C PR 19 C PWK 2 DATE: 03/30/2012 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 10:26:57 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 03/01/2012 TO 03/31/2012 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ I PR 78 I PWK 7 T 1 T PR 5 T PWK 3 REPOR" SUMMARY: 116 Reviewed By: Agenda Item Number 606 Legal ❑ NB #3 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number m Human Resources El C�"Sad `=Q Community Development PC 2012-02 Police Public Works ❑ Agenda Item Summary Memo Title: D Construction Spoil/Fill Site (Evergreen Farm Estates) Special Use Request Meeting and Date: EDC/Apri13, 2012 Synopsis: Request for special use in the R-2 District to temporarily fill and grade portions of the Evergreen Farm Estates property with clean soil from the Rte. 47 project. Council Action Previously Taken: Date of Action: 3-14-12 Action Taken: Plan Commission Public Hearing Item Number: PC 2012-02 Type of Vote Required: Super Majority(2/3rds) Council Action Requested: Vote Submitted by: Krysti Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memorandum. Memorandum a 1 To: Plan Commission EST. -,� _ 1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: March 7, 2012 Subject: PC 2012-02 - D Construction Spoil/Fill Site (Evergreen Farms Estate) Special Use Request to the R-2 Zoning District Petitioner's Request: D Construction Management, LLC, on behalf of Brandon Road Properties, LLC, owner, is requesting special use approval within the R-2 One Family Residence District to temporarily fill low areas and grade portions of the Evergreen Farms Estates with uncontaminated soil from the Illinois Department of Transportation's (IDOT) Route 47 roadway project. Upon completion of the roadway project, the property will be restored to its current agricultural land use until such time it is redeveloped for residential dwellings. The City's zoning ordinance specifically identifies "filling of holes,pits or lowlands with noncombustible material free from refuse and food wastes" as an allowable use only in the R-1 One-Family Residence District by special use permit. However, due to the cumulative nature of the zoning ordinance, all permitted and special uses allowed in the R-1 District are also allowed as permitted and special uses in the R-2 One Family Residence District. Property Background: The Evergreen Farms Estates property, located at northeast and southeast corners of Fox Road and Pavilion Road, consists of two (2) parcels approximately 46.5-acres in total area. The parcel north of Fox Road is approximately 20.5 acres and the parcel south of Fox Road is approximately 26 acres. In 2006, the parcels were annexed into the City and approved a concept plan for a 77-unit single family residential development as part of an annexation agreement between the City and the original owners/developer of the property, Evergreen Farms Estates, LLC (Tanglewood Development Corporation). The annexation agreement did have provisions allowing the owner, following Preliminary Plan approval, to undertake excavation, preliminary grading work, filing and soil stockpiling on the property in preparation for the development of the site upon submittal of a grading plan and soil erosion and sedimentation control plan to the City and approved by the City Engineer. However, Preliminary Plan approval has not been granted for the Evergreen Farms Estate development and the proposed filing and soil stockpiling on the property is not in preparation for the development of the property for a residential land use. The annexation agreement also permits for the continuation of the property currently being used for farming and general agricultural uses until such time it is developed. Since approval of the concept plan in 2006 for the Evergreen Farms Estate property, no further action for redevelopment occurred. The property was placed on the market for sale and was recently purchased by the petitioner, Brandon Road Properties, LLC. Proposal Summary & Staff Comments: Below is staff's commentary regarding the petitioner's proposal for the temporary clean spoil/fill site operation. A more detailed project narrative, proposed site plan and responses to staff's initial plan review comments prepared by the petitioner is also included in the packet for your review. Day-to-Day Operations: As proposed, the temporary soil/fill operation on the property will coincide with the Route 47 project timeline and last for about 1-2 years. Trucks will remove clean spoil from the roadway construction site and haul the load to the subject property for re-spread to fill and grade low areas and to stockpile soil for later use. The operating hours for the project site will occur during normal business hours and comply with Section 4-4-3: Noise Ordinance of the City's Code which restricts excessive noise near residential land during daytime (7:OOAM — 10:00 PM) and overnight (10:00PM — 7:OOAM) hours. According to the petitioner, a majority of the grading operation will occur on only one (1) parcel, either north of Fox Road or south of Fox Road, at any given time during the operation. There are no temporary or permanent structures proposed as part of the special use permit application. Site Access & Traffic: The petitioner states the number of truckloads per day will vary with some days having little to no truck traffic, but estimates a peak of approximately 20-25 truckloads per day. The trucks, which will not exceed the legal or posted weight limits, will access the property from two (2) proposed temporary access points off of Fox Road as illustrated on the attached site plan. Permitting for these entrances will require authorization from the Kendall County Department of Highways, as this portion of Fox Road is under the county's jurisdiction. No construction traffic, nor truck access to the south parcel,will occur off of Pavilion Road. Appropriate traffic signage alerting motorists that trucks are entering and exiting the property onto Fox Road is also proposed. The on-site contractor will monitor Fox Road for construction traffic debris and/or dirt, and will conduct daily street cleaning as required during the temporary operation. A Street Cleaning deposit will be required by the City of Yorkville in the amount of $5,000.00 as part of the Soil Erosion and Sedimentation Control Plan approval and grading permit issuance. Site Development& Soil Erosion and Sedimentation Control Plans: Site Development & Soil Erosion and Sedimentation Control Plans are required by the city to permit the proposed grading and fill operation. These plans will indicate where sediment traps and perimeter silt fencing will be located on the site to protect existing drainage patterns, detail the method of dust control and street cleaning, and prevent erosion and runoff of the soil stock piles. These final engineering plans will be submitted by the petitioner and reviewed by the City's engineering consultant upon approval of the Special Use request. Compliance with Illinois Environmental Protection Agency(IEPA) regulations: The Illinois Department of Transportation (IDOT) will have the responsibility of completing the necessary environmental assessments and analysis to certify which soils from the Route 47 reconstruction project are non-special waste requiring transportation and disposal to a landfill and which soils are certified as "uncontaminated" soils per the Illinois Environmental Protection Agency (IEPA) standards. The Evergreen Farms Estates site will only receive the certified"uncontaminated" or clean soil. The testing of the soils will be conducted by an environmental engineering firm, ENMARC & Associates, contracted by IDOT. In a correspondence from ENMARC & Associates dated January 25, 2012 (attached), the project's environmental engineer states that the certified"clean" soil from the Route 47 project will not only meet the current IEPA standards for soil suitable for residential properties, but will also meet new regulations which provide additional criteria to further assess the soil's quality. Staff Comments & Recommendations: Staff offers the following comments and recommendations for the Plan Commission to consider when reviewing the petitioner's request: • Staff recommends the two (2) proposed temporary entrances off of Fox Road align and has shared this concern with the Kendall County Department of Highways in advance of issuance of the required access permit. The special use approval shall be subject to Kendall County Highway permit approval. • In 2009, the City completely resurfaced the stretch of Fox Road from Route 47 west to Popular Drive (approx. 5,500 linear feet) as part of the State's Local Agency Pavement Preservation (LAPP) program. Due to this recent improvement of our City's road infrastructure and the potential damage of Fox Road as a direct result from the proposed operation, Staff suggests an additional deposit or bonding be required by the petitioner as security to be held by the City until the completion of the proposed temporary use. The fee will be determined by the City's engineering consultant and based upon the review of the Site Development & Soil Erosion and Sedimentation Control Plans. • The special use approval shall be subject to Site Development Plan & Soil Erosion and Sedimentation Control Plan approval. Standards for Special Use: Section 10-14-617 of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Attachments: 1. Aerial and Photographs of Subject Property 2. Copy of Petitioner's Application w/attachments. 3. Evergreen Farm Special Use Request Preliminary Site Plan prepared by HR Green dated 3/07/12. 4. Response to Staff's site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 5. Response to Engineering Enterprises Inc. (EEI) site plan review comments prepared by David Shultz of HR Green dated March 7, 2012. 6. 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The United City of Yorkville makes no --1 d or implied,to the use of Data. t., t � t.• !��!� r�"F r"f i�\ 44Y'f'_ Y<r�'it. �T�-r S 4YC 1� �y R1 b1 If V1 �-`Lr� Ir yl S 1 qi SSE � w f ' f ;� fir•' !� .,�' i ' � �,� y� >R,,rr �,r•,k 4 � S � '� 4 �•X11 I � r Q � NJ y_J w°•r� a J i . •.�' � 'S' III �'r 11f �rj •�-y+4 .1 $ kS �t F T y� A, w 1 Vin. 1i,1 Qf F � 4 i'r }pf k i zi z I �y r, I, it N N) 1 CD, �44 I0ifVlI.!-iW'30 IN3Wd013A311 k[INIIINWOD 43 �rr�O United City of Yorkville } 800 Game Farm Road Z��Z 'Z NVF t, EST `° -- HIM Yorkville, Illinois 60560 col 0 Telephone: 630-553-4350 L ,y�.2 Fax: 630-553-3436 PC# APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Evergreen.Farm Date of Submission: 01/25/11 Requesting: d Annexation p Zoning d Planned Unit Development M Special Use: Filling and grading of site with approved clean fill -Return to Ag. Use 1. Name of Petitioner(s): Mr. Joe Phillips, D Construction Management- behalf of Owner Address: 1488 S. Broadway Coal City, Illinois 60416 Phone Number: . (815) 634-2555 Fax Number: _(815) 634-8748 Email Address: phi]lip sdevelopmentgroup@yahoo.com Relationship of Petitioner(s)to subject property: 0 Owner )0 Developer d Contract Purchaser 2. Name of holder of legal title, if different from#1: BRANDON ROAD PROPERTIES, LLC If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property: NE & SE corners of Fox Road&Pavillion Road (ii). Zoning of surrounding parcels: North. Kendall Co. Forest Preserve—Tax Exempt South: Agriculture (Kendall County) East: Agriculture (Kendall County) West. Agriculture(R-2 Yorkville) b). Legal description of property; attach as Exhibit W. c). Total Acreage: +/-46.5 acres d). Kendall County Parcel Number(s)of property: 05-06-100-012 e). Current Zoning Classification: R-2 (Yorkville) f). Zoning Classification Requested: None-remain as existing zoning g). Is this property within City limits? X Yes No, requesting annexation United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: United City of Yorkville, Kendall County Highway Department, IDNR, IHPA 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: NIA 7. Does a flood plain exist on the subject property? Yes 8. Do Electors reside on the subject property? No If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Gary K. Davidson-Brumund, Jacobs, Hammel, Davidson &Andreano, LLC Address: 58 E. Clinton Street, Suite 200 Joliet, Illinois 60432-4143 Phone Number: (815) 723-0628 Fax Number: (815) 723-1371 Email Address: gdavidson@brumund-jacobs.com Engineer: Name: HR Green, inc. _David Schultz Address. 651 Prairie Pointe Drive, Suite 201 Yorkville,IL. 60560 Phone Number: 630.708.5002 Fax Number: 630.553.7646 Email Address: dschultz@hrgreen.com Land Planner: Name:HR Green, ine. - David Schultz Address: 651 Prairie Pointe Drive, Suite 201 Yorkville, IL. 60560 Phone Number: 630.708.5002 Fax Number: 630.553.7646 Email Address: dschultz @hrgreen.com United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 45 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan: 35 sets folded to fit in a 10"x 13"envelope. d. One CD containing one electronic copy(pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguourAW"ev a United City of Yorkville. Date: 27-/► 2012- Petitioner"nature:nature: (All legal property owners' signatures must appear on this application.) �T Subscribed and sworn to before me this day of AnI . 200- /9 Notary Seal THIS APPLICATION MUST BE NOTARIZED. LPublic L SEAL T HANSEN NotaSlate of Ipinols My Com pires Oct 05.2018 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 46 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees'and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S.Army Corps of Engineers,etc.,to allow timely review by City. 'Fees: a. Annexation or Annexation and Rezoning-$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees- 1.25%of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee-$500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10= $2,500 over 10 acres, but not over 40=$5,000 over 40 acres, but not over 100= $10,000 over 100 acres=$20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres= $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4'h Thursday of the month at 9:00 a.m. in the city conference Room. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director, City Engineer,Zoning Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: Park Board planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting is the 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor. A public hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft.of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. United City oFYorkville Annexation,PUD,"Zoning,Special Use Application Revised: 1.29.09 47 Step 5-Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council:A public hearing is required for annexation or PUD agreements. The City Council meets the 2"or 4`h Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A public hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 Game Farm Road, Yorl i 60560. Date: a1., � ignature of Petitioner United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 EXHIBIT A Legal Description —"Evergreen Farm" Parcel THAT PART OF SECTION 6,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINICIPAL MERIDAN DESCRIBED BY COMMENCING ATHE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6;THENCE WEST 233.9 EET ALONG THE NORTH LINE OF SAID SECTION 6 TO THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, &QUINCY RAILROAD COMPANY;THENCE SOUTH 61° 06' 20" WEST ALONG SAID RIGHT-OF-WAY LINE 1488.52 FEET FOR A POINT OF BEGINNING;THENCE SOUTH 01° 28, 38" EAST 406.94 FEET;THENCE SOUTH 25° 19' 10" EAST 1326.82 FEET;THENCE SOUTH 240 05' 33" EAST 587.67 FEET;THENCE SOUTH 66°45'42" WEST 1560.96 FEETTO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 22° 15'40" WEST ALONG SAID CENTER LINE 1258.64 FEET; THENCE NORTH 06° 13' 10" WEST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD;THENCE SOUTH 63'42' 50" WESTALONG THE CENTER LINE OF FOX ROAD 43.37 FEET;THENCE NORTH 080 38' 52"WEST 676.69 FEETTO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE;THENCE NORTH 61'06' 20" EASTALONG SAID RIGHT-OF- WAY LINE 1431.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEETTHEREOF AND ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF PROPERTY FROM THE POINT OF BEGINNING AFORESAID;THENCE SOUTH 01° 28' 38" EAST 406.94 FEET;THENCE SOUTH 25° 19' 10" EAST 305.69 FEETTO THE CENTER LINE OF FOX ROAD FOR A NEW POINT OF BEGINNING;THENCE SOUTH 25° 19' 10" EAST 1021.13 FEET; THENCE SOUTH 240 50' 33" EAST 587.67 FEET;THENCE SOUTH 66° 45,42" WEST 625.43 FEET; THENCE NORTH 250 19' 10" WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD;THENCE NORTH 63'42' 50" EAST ALONG SAID CENTER LINE 630.0 FEETTO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT B "EVERGREEN FARM" PARCEL ADJOINING PROPERTY OWNERS (WITHIN 500 FEET) 05-06-100-001 05-06-302-001 05-06-126-003 Wayne & Ruby Bomeman Gerard &Paula Louise Dervin G. Linda J. Allen 12103 Fox Road Gawlik 12 Fox Glen Circle Yorkville, Illinois 60560 6650 Pavilion Road Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-010 05-06-126-004 Kendall County Forest 05-06-302-002 Pamela J. Robinson & Preserve John T. & B.R. Cutsinger Sharon M. Rose 110 West Madison 6672 Pavilion Road 29 Fox Glen Drive, East Yorkville, Illinois 60560 Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-1008 05-06-302-005 05-06-127-001 Silver Fox Real Estate LLC Ronald & Rebecca Kleckner Jeffrey S. & Debra L. Ness 7512 County Line Road 6720 Pavilion Road 42 Fox Glen Drive, West Burr Ridge, Illinois 60521 Yorkville, Illinois 60560 Yorkville, Illinois 60560 05-06-100-013 05-06-302-006 05-06-127-002 Stephen G. & Kathleen Theis Dahl Management LLC Ramon &Noemi Herrera 11642 Fox Road 15010 159" Street, West 36 Fox Glenn Drive, West Yorkville, Illinois 60560 Homer Glen, Illinois 60491 Yorkville, Illinois 60560 05-06-100-009 05-06-302-008 05-06-501-001 James Miller/Susan Wilhelm Ali N. & Frances L. G. JCB & Q RR CO 11500 Fox Road Jablway 547 West Jackson Yorkville, Illinois 60560 6624 Pavilion Road Chicago, Illinois 60606 Yorkville, Illinois 60560 05-06-101-001 04-01-501-001 Daniel F. &Patricia L. Kalas 05-08-376-008 CB & RR CO 45 Fox Glen Drive, West Wayne J. &C. Kathleen Walz 547 West Jackson Yorkville, Illinois 60560 23925 Cedar Road, South Chicago, Illinois 60606 Manhattan, Illinois 60442 05-06-101-002 04-01-200-002 Derek West/Margo Robles 05-06-126-001 Wayne L. & Ruby Bomeman 51 Fox Glen Drive Gregory R. &Juile R. Fisher 12103 Fox Road Yorkville, Illinois 60560 2001 Walton Court Yorkville, Illinois 60560 Naperville, Illinois 60565 05-06-301-001 04-01-200-003 Aspen Ridge Estates LLC 05-06-126-002 Fox River Bluff LLC 9217 Gulfstream Road, Peter J. Kathleen M. P.O. Box 1746 Suite`102 Staunton Lombard, Illinois 60148 Frankfort, Illinois 60423 15 Fox Glen Circle Yorkville, Illinois 60560 04-01426-001 Aspen Ridge Estates LLC 9217 Gulfstream Road, Suite102 Frankfort, Illinois 60423 �0-D CITf, United City of Yorkville 0 800 Game Farm Road Yorkville,Illinois 60560 esr �•o less Telephone: 630-5534350 Fax: 630-553-7575 � �'� ?� INVOICE& WORKSHEET � t PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: Mr,doe Phitlips, D Construction Fyergreen Farm Estate.- 1488 S.Broadway,Coal City,Illinois 60416 Acreage:approx.47 acres (815)634-2555 Date: 01/25/11 Concept Plan Review: I J Yes [I No S Engineering Plan Review Deposit of$$500 due Amendment: I]Yes I I No $ $500.00 Fee due fur each. (Annexation) (Plan) (Plat) (PUD) Annexation: [I Yes []No $ $250.00,plus$10/acre for each acre over 5. #of acres: -5= x$10" +5250 Rezoning: I I Yes []No S 5200.00,plus$10/acre for each acre over 5, #of acres: -5= x 510= +S200 If annexing and rezoning,charge only 1 per acre fee. If rezoning to a PUD,charge PUD Development Fee-not Rezoning Fee. Special Use. [XJ Yes []No $670.00 5250.00,plus$10/acre for each acre over 5. 4 of acres: 47.0-5=42.0 x$10=420.00+$250 Zoning Variance: $85.00 I]Yes []No $ Outside Consultants deposit of 5500.00 due Preliminary Plan Fee: $500.00 []Yes I]No $ P.U.D.Fee: $500.00 []Yes [J No $ Final Plat Fee: $500.00 [J Yes []No S Engineering Plan Review Deposit: [X]Yes []No $10.000.00 _ []Less than 1 acre=S 1,000 due []Over 1 acre and less than 10 acres=52,500 due []Over 10 acres and less than 40 acres=$5,000 due [XJ Over 40 acres and less than 100 acres=$10,000 due I J Over 100 acres=520,000 due Outside Consultants Deposit,: [XJ Yes [I No $5.000.00 Legal,Land Planner,Zoning Coordinator,Environmental Services Annexation Suhdivision Rezonine,and Special Use_ []Less than 2 acres=S 1,000 due [J Over 2 acres and less than 10 acres=52,500 due [X]Over 10 acres=55,000 due TOTAL AMOUNT DUE: $15.670.00 Woo&0 Dme'Dev.Drp.AR01 Fee Sheri Wkse ENKI"I'AC 224 E.Cusler 5i., Lemont, 1L 60439 :�i PO BOX 866,Morris, It 60450 %.issaciates, LLC Phone 630.257.4357•Fax 630.257.1650 January 25, 2012 Mr. David Schultz HRE Green, Inc. 651 Prairie Point Drive,Suite 201 Yorkville, IL 60650 RE: Evergreen Farm Special Use Project Dear Mr.Schultz: Pursuant to your request, ENMARC & Associates, LLC is herein providing information regarding the management of the clean fill in accordance with the above referenced special use application. Prior to completion of any reconstruction of any ROW owned by the State, the Illinois Department of Transportation contracts the completion of a Preliminary Environmental Site Assessment (PESA) of the entire roadway to be subject to reconstruction and identifies any Recognized Environmental Conditions (REC's) on properties adjacent to said ROW. Based upon the results of the PESA, IDOT subsequently completes a PSI (Preliminary Site Investigation) which consists of the actual quantification of the REC's through sampling and analysis of the ROW in areas where excavation is to occur. Subsequently, ]DOT then defines boundaries of impacted zones in which the soils generated from reconstruction activities are quantified as non-special waste requiring transportation and disposal at a Subtitle D Landfill. With the regards to the soils outside of the delineated impact zones, these materials are typically certified by IDOT as "uncontaminated" soil pursuant to the new CCDD requirements (PA 96-1416, as amended by PA 97-137), and subject the agreement established between the Illinois EPA and IDOT. Per this agreement, the IEPA recognizes this methodology of "uncontaminated" soil determination established by IDOT for highway projects,to be acceptable for purposes of establishing soils as "clean". Presently, uncontaminated soils are established by IDOT as those meeting the requirements of 35 IAC Part 742 (Tier Approach for Corrective Action Cleanup objectives, TACO) for residential properties, or those meeting the background standards established for major metropolitan statistical areas (which includes Kendall County). Under PA 1416, the IEPA has developed new regulations that are presently under review by the Illinois Pollution Control Board and proposed for adoption by July 31, 2012. Under the proposed regulations, the IEPA has established clean soil standards, which basically follow TACO and which IDOT has been considering (since the development of the proposed regulations) to further assess and delineate between"uncontaminated"soils and"contaminated"soil zones under their PSI protocol. On behalf of D Construction, 1 will be your point of contact with respect to any environmental issues or concerns. Should you have any further questions regarding the enclosed, please do_ not hesitate to contact me @ 630-234-3495. Sincerely, / t / e g anetteVir il]o Environmental Engineer EVERGREEN FARM SPECIAL USE REQUEST UNITED CITY OF YORKVILLE HOOVER - FOREST R-2 ZONING PRESERVE (A-1-SU ZONING) CHICAGO BURLINGTON NORTHERN E QUINCY R•R 1432.31' i EXISTING PROPERTY EXISTING TREE DRIPUNE LINE (TYP.) (TO REMAIN UNDISTURBED) AREA NORTH OF FOX RD. 20.5 AC. KENDALL COUNTY (R-2 ZONING - CITY) (A-I ZONING) EXISTING USE - AGRICULTURE ^/O' FUTURE USE - AGRICULTURE TOPSOIL STRIP BERM �O AFTER CLEAN FILL AND STOCKPILE AREA n EXISTING TREE DRIPUNE GRADING OPERATIONS (DETERMINE AT FINAL �( (TO REMAIN UNDISTURBED) ENGINEERING) O V� EXISTING CULVERT AND FIELD ENTRANCE (VERIFY WITH EXISTING TREE ORIPLINE O COUNTY AND IMPROVE FIELD (TO REMAIN UNDISTURBED) v- EXISTING R.O.W. ENTRANCE AS REQUIRED PROPOSED CONSTRUCTION M (TYP.) ENTRANCE FOR ACCESS EL C EXISTING CULVERT (TEMPORARY) TO NORTH PARCEL OVERHEAD TO REMAIN UTILITY LINES (TYP.) (FOX ROAD)[EXISTING IXI5nNG DRNEWAY --—OE - -- I - ---- CULVERT(TO REMAIN) / 4' FOX ROAD 630.00' EVERGREEN FARM KENDALL COUNTY ° (A-1 ZONING) EXISTING CULVERT AND FIELD ASPEN RIDGE ry ENTRANCE (VERIFY WITH LOCATION MAP (2-2 ZONING - CITY)ry o COUNTY AND IMPROVE FIELD ENTRANCE AS REQUIRED PROPOSED CONSTRUCTION ENTRANCE FOR ACCESS EXISTING R.O.W. TO SOUTH PARCEL Now7N (TYP.) (TEMPORARY) - SOUTHWEST 0 Q� SIDE/CORRIDOR HE CITY OF EXISTING OVERHEAD �.-�a UTILITY UNES (NP.) , Z R0P _O .Fox -- -� PROJECT Oz AREA �a PROJECT CONTACTS AREA SOUTH OF FOX RD, Y —EXISTING UON ROD) (R-2 ZONING 26.0 AC. CITY) CLIENT: GOVERNMENT CONTACT: - (PAVIWON ROAD) EXISTING USE - AGRICULTURE JOE PHILLIPS - D CONSTRUCTION MANAGEMENT FUTURE USE - AGRICULTURE 1488 S. BROADWAY CITY CONTACT: AFTER CLEAN FILL AND COAL CITY, ILLINOIS 60416 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD GRADING OPERATIONS TEL: (815) 634-2555, FAX: (815) 634-8748 YORKVILLE, ILLINOIS 60560 TEL: (630) 553-4350 Ol ^1 ENGINEER/SURVEYOR: CITY ENGINEERING CONTACT: w 14 HR GREEN, INC. ENGINEERING ENTERPRISES, INC. h 651 PRAIRIE POINTE DR., SUITE 201 BRAD SANDERSON, P.E. YORKVILLE, ILLINOIS 60560 52 WHEELER ROAD TEL: (630) 553-7560 SUGAR GROVE, ILLINOIS 60554 FAX: (630) 553-7646 TEL: (630) 466-6700 DAVID W. SCHULTZ, P.E. - PROJECT MANAGER KENDALL COUNiY HIGHWAY DEPARTMENT TEL: (630) 708-5002 COUNTY ENGINEER FRANCIS P.E. PETER J. HUINKER, P.E. - SITE MANAGER 6780 ROUTE TE S4, EXISTING PROPERTY TEL: (630) 708=5003 OFFICE: 630-5537616 UNE (TYP.) FAX: 630-553-75 GENERAL NOTES: C E R T I F I C A T I O N • NPDES PERMIT REQUIRED. • SITE DEVELOPMENT PERMIT TO BE FILED AT FINAL ENGINEERING. EXISTING PROPERTY KENDALL COUP COUNTY PO crrY. PROFESSIONAL ENGINEER'S SIGNATURE & SEAL LINE (TYP.) SEDIMENT TRAPS AND PERIMETER FENCING TO PROTECT EXISTING DRAINAGE PATTERNS - EROSIO CONTROL METHODS PER SWPPP. 46s.aB' FILL MATERIAL TO BE CREATED FRO' AN IDOT OFFSITE ROADWAY PROJECT. IDOT TO PROVIDE A 663 CERTIFICATION (IDOT AND IEPA KENDALL COUNTY NO AGREEMEN TEMPORARY OR PERMANENT (A-I NOTE: THIS SIGNATURE & SEAL ONLY APPLIES TO DESIGN INFORMATION ZONING) STRUCTURES TO BE PROPOSED w.scy��,,� = 06E-05)616 UNDER THE SPECIAL USE PERMIT. PREPARED BY HR GREEN, INC. (THIS SHEET ONLY) = Recisc61 • MONITORING OF FOX ROAD FOR $* PREN O OVAL O DEBRIS AND DIRT TO BE STRICTLY O ENFORCED BY CONTRACTOR AND INFORMATION INCLUDED WITHIN THIS PLAN SET WHICH HAS BEEN DAILY CLEANING AS REQUIRED. COMPLETED BY OTHER CONSULTANTS IS NOT CERTIFIED BY THIS <cINDS, CONSTRUCTION TRAFFIC RESTRICTED SIGNATURE & SEAL. °nm1a��o��„ TO FOX ROAD ONLY(KENDALL CO. HWY NO. 1) KENDALL COUNTY (R-I ZONING) Dial 811 or 1-800-892-0123 NpQ..;:: ,i rh • WITH 7HE FOLLOWING o COUNTY KENDALL / C/TY-TOWNSHIP YORKVILLE-KENDALL TWP KENDALL COUNTY 465.25' SEC. &114 SEC. NO.# 06.TWP 36 N. RANGE 7 E (A-I ZONING) Know what's below. �2) Working Days before you dig 1 SPECIAL USE SITE PLAN — EVERGREEN FARM P R E L I M I N A R Y Excluding Sat.,Sun.&FkdWM) SCALE: 1" = 100' NOT FOR CONSTRUCTION C811beforeyoudig. m m a EVERGREEN FARM — SPECIAL USE PERMIT REQUEST "0 oiT i Dws PLAN COUNCIL CIOSMO� UESCRIPTION a � o � - oA o < � -_ D Construction mo D= coal city, Illinois 60416 HRGreen.com om O N oz .n 4 N - HRGreen 3/8/2012 10:25:44 AM, 1:1 HRGFreen March 7, 2012 Ms. Krysti J. Barksdale-Noble,AICP Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Evergreen Farm Estates HR Green Job No.: 88110413 Dear Ms. Barksdale-Noble: HR Green, Inc. (HR Green) has received the comment letter United City of Yorkville dated February 24, 2012. Below is a point-by-point response to that letter. Comment 1: A Site Development Plan and Soil Erosion and Sedimentation Control Plan are required to be submitted to the City's engineering consultant for review and permit approval to ensure compliance with Title 8, Chapter 13: Soil Erosion and Sedimentation Control of the Yorkville Municipal Code. The following information must be included: • Method of dust control • Method of cleaning Fox Road • General method of how fill will be placed, including comment on whether north and south parcels will be filled at the same time. • Detail on control measures • Delineation of Floodplain on the Site Plan Response 1: Noted and to be addressed within the Site Development Permit and final engineering documents in a forthcoming submittal just after the Public Hearing Meeting as discussed in Plan Council. Upon City request and to be listed within the Site Development Permit the contractor can provide a list of equipment used for dust control and equipment to be used for cleaning measures on Fox Road. Research of best available data included previously submitted documents on this property and current FIRM Map Panel#0040G, Map Number 17093CO04OG yields that there is no delineated floodplain onsite for this subject area. HRGreen.com Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville, Illinois 60560 Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 2 Comment 2: Proposed Temporary Entrances to the property on the north side of Fox Road and south side of Fox Road will need to be permitted through Kendall County's Highway Department. Confirmation of permit application shall be provided to the City. Response 2: Noted and HR Green has been in coordination with the County Engineer and a temporary Highway Access permit is to be filed and secured permit forwarded to the City for reference. Comment 3: Please provide a brief narrative with regards to anticipated truckloads per day and per peak hour, truck traffic, days and hours of operations, truck template illustrating truck maneuverability into and out of proposed temporary construction access points. Response 3: Overall timeframe of this project was discussed at plan council and the project duration of one to two years is assumed based on project analysis. The truckloads per day will vary from a day to day operating standpoint and it is anticipated to have a peak of 20-25 trucks per day. Also please note that there will be days that no trucks will be running to this site at all. Operating hours for this project site would follow the City Ordinance and it was also discussed that a dozer/sheepsfoot blade would be operating possibly once a week to level off the dirt in lifts that was brought into the site. Majority of the grading operation would be focused on one side of the site at one time and there is no intention of having both the north and south sides of the site open at the some time. The temporary construction entrance will accommodate trucks entering and exiting at the some time with the appropriate turning radii. Also warning signage is to be proposed on Fox Road to warn motorists that "Trucks Entering Highway"in both directions. Comment 4: Please provide additional details regarding proposed alternate field entrance off of Pavilion Road. Response 4: Pavillion Road temporary entrance is to be removed and not to be used as an alternate to this site. Comment 5: Please confirm no temporary or permanent buildings and/or structures will be erected on the property during the proposed operation. H77en.00m Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 3 Response 5: No temporary or permanent buildings will be erected for the special use permit operations that are being proposed. Comment 6: Please verify if the property or the areas designated for temporary fill stockpile be secured with fencing or other method of protection. Response 6: Disturbed grading areas to be protected by perimeter silt fencing and other soil erosion measures are to be proposed for this site. Comment 7: Please confirm construction traffic will be limited to Fox Road and will not utilize Pavilion Road to access the property. Response 7: Per discussions at the Plan Council meeting, only Fox Road will be allow for the construction traffic and only posted or legal loads will be allowed. Comment 8: A Street Cleaning deposit shall be established with the City of Yorkville in the amount of$ 5,000.00 as part of the soil erosion and sedimentation control plan approval and grading permit issuance. Response 8: Noted. Comment 9: Additional deposit/bonding may be required for Fox Road as security for repair of any damage to the roadway resulting from the proposed operation. Fees will be determined upon receipt and review of the Site Development Plan. Response 9: Noted and a roadway bond was discussed at the Plan Council Meeting and to be determined at Site Development Permit if required. HF�Green.00m Ms.Krysti J.Barksdale-Noble United City of Yorkville Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 4 If you have any questions or require any additional information, please contact me at 630-708-5002. Sincerely, HR GREEN, INC. David W. Schultz, P.E., LEED AP BD+C Project Manager DWS/pam cc: Mr.Joseph Phillips, Brandon Road Properties, LLC O:\88110413\D e s i g n\C o rr\I t r-030712-co m m e n t_re s po n se_Yo rkvi I l e.d ocx HRGreen.com HRGreen March 7, 2012 Mr. Bradley P. Sanderson, P.E. Vice President Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 RE: Evergreen Farms Estates HR Green Job No.: 88110413 Dear Mr. Sanderson: HR Green, Inc. (HR Green) has received the comment letter from Engineering Enterprises, Inc. dated February 17, 2012. Below is a point-by-point response to that letter. Comment 1: Prior to any fill being placed on site, a detailed grading plan with a soil erosion and sedimentation control plan should be provided. The plan should describe at the minimum the following: • Locations and detail of the proposed entrances to the site • Description of proposed haul routes • Method of dust control • Method of cleaning Fox Road • General method of how fill will be placed, including comment on whether north and south parcels will be filled at the same time. Response 1: Noted and to be addressed at time of Site Development Permit in a forthcoming submittal after the scheduled Public Hearing Meeting. Comment 2: In addition, a site development permit application will need to be submitted to our office for review. Response 2: Noted and to be submitted mid-March for City review. HFlGreen.com Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville, Illinois 60560 Mr.Bradley P.Sanderson,P.E. Engineering Enterprises,Inc. Evergreen Farms Estates HR Green Job No.:88110413 March 7,2012 Page 2 Comment 3: Access points off of Pavillion Road should not be allowed. Response 3: Noted and final engineering plans for the Site Development Permit to reflect this. Comment 4: Fox Road in the area of the site in question is a County Highway. A permit will be required from them for any proposed entrance improvements. Response 4: Noted and HR Green has been in coordination with the County Engineer and a temporary Highway Access permit is to be filed. If you have any questions or require any additional information, please contact me at 630-708-5002. Sincerely, HR GREEN, INC. David W. Schultz, P.E., LEED AP BD+C Project Manager DWS/pam cc: Mr.Joseph Phillips, Brandon Road Properties, LLC 0:\88110413\Design\Corr\ltr-030712-comment_response_EE I.docx HRGreen.com PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-02 NOTICE IS HEREWITH GIVEN THAT D. Construction Management, Petitioner, on behalf of Brandon Road Properties, LLC, Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a authorization within the R-2 One-Family Residence District to temporarily fill low areas and grade portions of the site with uncontaminated soil from roadway projects of the State of Illinois and return to agriculture uses as allowed by Special Use Permit in Section 10-6C-2 and Section 10-613- 2 of the United City of Yorkville City Code. The real property consists of approximately 46.5 acres, located at the northeast and southeast corners of Fox Road and Pavilion Road (Evergreen Farm Estates) in Yorkville, Illinois. The legal description is as follows: THAT PART OF SECTION 6, TOWHSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINICIPAL MERIDAN DESCRIBED BY COMMENCING A THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE WEST 233.9 EET ALONG THE NORTH LINE OF SAID SECTION 6 TO THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, & QUINCY RAILROAD COMPANY; THENCE SOUTH 61° 06' 20" WEST ALONG SAID RIGHT-OF-WAY LINE 1488.52 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 01° 28' 38" EAST 406.94 FEET; THENCE SOUTH 250 19' 10" EAST 1326.82 FEET; THENCE SOUTH 24° 05' 33" EAST 587.67 FEET; THENCE SOUTH 660 45' 42" WEST 1560.96 FEET TO THE CENTER LINE OF A GRAVEL ROAD; THENCE NORTH 22° 15' 40" WEST ALONG SAID CENTER LINE 1258.64 FEET; THENCE NORTH 06° 13' 10" WEST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 250.27 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 63° 42' 50" WEST ALONG THE CENTER LINE OF FOX ROAD 43.37 FEET; THENCE NORTH 08° 38' 52" WEST 676.69 FEET TO THE AFORESAID SOUTHEASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 61° 06' 20" EAST ALONG SAID RIGHT-OFWAY LINE 1431.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THE SOUTHEASTERLY 350.0 FEET OF THE SOUTHWESTERLY 469.81 FEET THEREOF AND ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF PROPERTY FROM THE POINT OF BEGINNING AFORESAID; THENCE SOUTH 01° 28' 38" EAST 406.94 FEET; THENCE SOUTH 250 19' 10" EAST 305.69 FEET TO THE CENTER LINE OF FOX ROAD FOR A NEW POINT OF BEGINNING; THENCE SOUTH 25° 19' 10" EAST 1021.13 FEET; THENCE SOUTH 24° 50' 33" EAST 587.67 FEET; THENCE SOUTH 660 45' 42" WEST 625.43 FEET; THENCE NORTH 25° 19' 10" WEST 1540.44 FEET TO SAID CENTER LINE OF FOX ROAD; THENCE NORTH 63° 42' 50" EAST ALONG SAID CENTER LINE 630.0 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Permanent Index Number(PIN): 05-06-100-012 NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a Public Hearing on said Special Use application on Wednesday, March 14, 2012 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. Beth Warren City Clerk By: Lisa Pickering Deputy Clerk Reviewed By: Agenda Item Number 606 Legal ❑ NB #4 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development EDC 2012-14 Police ALE � Public Works ❑ Agenda Item Summary Memo Title: Municipal Building Impact Fee Meeting and Date: EDC/April 3, 2012 Synopsis: Revisited discussion of further reducing the municipal building impact fee. Council Action Previously Taken: Date of Action: 1-10-12 Action Taken: Approved Ord. 2012-03 Item Number: EDC 2012-04 Type of Vote Required: N/A Council Action Requested: Informational &Discussion Item Submitted by: Krysti Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached memorandum. 2 0 Memorandum EST. � ! 1836 -�-_— To: Economic Development Committee p41 !:7 From: Krysti J. Barksdale-Noble, Community Development Director 9tl CC: Bart Olson, City Administrator At E Date: March 29, 2012 Subject: Municipal Building Impact Fee At the last Economic Development Committee meeting, staff was asked to re-visit the recently approved reduction to the municipal building impact fee. The fee, which was initially adopted in 2006, was to fund the construction of two (2) Public Works facilities, a City Hall, and a Police Station to serve a population of 60,000 in the year 2020 (see attached memo and spreadsheet). However, in a review of the municipal building impact fee in 2011 by the EDC and City Council, it was determined that a reduction was appropriate to only plan for the future construction of only a police station and one (1) larger public works facility. This reduced the per unit municipal building impact fee year from $5,509.00 per unit to $1,759.00 per unit and was adopted by the City Council in January 2012 (note: spreadsheet indicates an impact fee of $1,769.00, but subsequent staff memorandums and final approved ordinance reducing the fee stated$1,759.00) In total, the overall developer impact fees have been decreased nearly 37% by the recent reduction of the municipal building impact fee alone as illustrated in the comparison table below: Table 1.United City of Yorkville-Development Impact Fee Comparison Category Previous Fee per Unit Current Fee per Unit Public Works $700.00/unit $700.00/unit Police $300.00/unit $300.00/unit Municipal Building $5,509.001/unit $1,759.002/unit Library $500.00/unit $500.00/unit Bristol-Kendall Fire3 $1,000.00/unit $1,000.00/unit Engineering Capital Fee $100.00/unit $100.00/unit Park&Recreation Capital Fee $50.00/unit $50.00/unit Road Contribution Fund $2,000.00/unit $2,000.00/unit TOTAL $10,159.00/unit I $6,409.00/unit Should the Economic Development Committee want to explore reducing the municipal building impact fee any further, adjustments to the future building plans will be required, possibly including a revised needs assessment study for the police and public works/parks facilities. Staff is seeking feedback and discussion on this proposed additional fee reduction at Tuesday night's meeting. 1 Fee is effective as of 3/14/06 and paid at time of building permit.However,if the fee is paid for in its entirety during the time of the first final plat,the fee will be$3,288.00 per residential dwelling for each unit annexed,zoned and platted for residential development. Z Fee is effective as of 1/10/12 and paid at time of final occupancy issuance. 3 Fee is effective as of 111105 and applies to single-family and single-family attached(duplexes and townhomes);any multifamily structure (apartment buildings)are$500.00 per unit. 0 C/T` 0 Memorandum To: City Council EST. Z` _ leas From: Bart Olson, City Administrator 0 �i CC: -''"�a a Date: July 1, 2011 E�o Subject: Impact Fee Justification This item was discussed at the last Economic Development Committee meeting. At that meeting, the Committee asked staff to research the possibility of reducing the municipal building impact fee. When the municipal building impact fee was created, we assumed that we need two Public Works facilities, a City Hall, and a Police Station to serve a population of 60,000 in the year 2020 (spreadsheet attached). We also assumed that whatever interest costs were incurred as part of those buildings should be offset by impact fees. So, we created an impact fee that was $5,509 if paid at time of building permit and $3,288 if paid at time of final plat. Because of the economic downturn, the City has pushed the construction of all new buildings far into the future. Land prices are cheap, and we may be able to rehab and/or expand an existing building at a cheaper rate than new construction. Also, in an effort to stimulate development through a lower initial price point, it would make sense to lower the municipal building impact fee. It is my recommendation that we reduce the municipal building impact fee by only calculating the need for a police station and one larger public works facility, and by eliminating the inclusion of interest costs in the impact fee justification. By doing those three things, we can reduce the fee to $1,769 and still have the costs of two large public buildings covered through impact fees in the future. Further, since we have reduced the price of the impact fee even though we still need a higher dollar amount, there should not be an issue with writing the impact fee ordinance in such a way that we could justify using the impact fees on a City Hall or similar public building in the future. Building SF Cost/sf` 2008 2009 2012 2015 City Hall 28,265 $ 180 $ - $ - $ 8,268,750 $ - Police Facility 54,623 $ 200 $ 14,606,811 $ - $ - $ - Public Works/Parks 1 73,295 $ 165 $ 16,169,365 $ - $ - $ - Public Works/Parks 2 73,295 $ 165 $ - $ 22,752,717 Furniture $ 36 $ 5,077,065 $ - $ 1,363,601 $ 4,093,366 TOTAL $ 72,331,675 IMPACT FEE $ 3,315 80% of project to be financed by new residents $ 57,865,340 2005 costs Debt Service Costs Police $ 9,033,733 PW1 $ 11,103,456 City Hall $ 5,082,733 PW2 $ 14,140,056 Land Acquisition Costs Police- 10 acres @ $88,000/acre $ - Existing land PW1 - 10 acres @ $97,240/acre 1 $ - City Hall -3 acres @ $107,207/acre $ 321,621 PW2 - 10 acres @ $124,106/acre $ 1,241,060 Total Project Costs Building Construction $ 72,331,675 Land Acquisition $ 1,562,681 Debt Service $ 39,359,978 TOTAL $ 113,254,334 80% of project to be financed by new residents $ 96,266,184 IMPACT FEE $ 5,515 Page 1 of 1 Building SF Cost/sf* 2011 costs City Hall N /A $ 180 $ - Police Facility 54,623 $ 200 $ 14,606,811 Public Works/Parks 1 73,295 $ 165 $ 16,169,365 Public Works/Parks 2 N/A $ 165 Furniture $ 36 $ 4,605,048 TOTAL $ 35,381,224 IMPACT FEE $ 1,769 80% of project to be financed by new residents $ 28,304,979 * 2005 costs Debt Service Costs Police $ - PW1 $ - City Hall $ - PW2 $ - Land Acquisition Costs Police- 10 acres @ $88,000/acre $ - Existing land PW1 - 10 acres @ $97,240/acre I $ - City Hall -3 acres @ $107,207/acre $ - PW2 - 10 acres @ $124,106/acre $ - Total Project Costs Building Construction $ 35,381,224 Land Acquisition $ - Debt Service $ - TOTAL $ 35,381,224 80% of project to be financed by new residents $ 28,304,979 IMPACT FEE $ 1,769 Page 1 of 1 D Cl, - R 0 Memorandum 1$3� To: Economic Development Committee EST. From: Bart Olson, City Administrator 4 CC: 11 , ► „ter Q Date: August 30, 2011 4 Subject: Impact Fee changes Purpose A discussion of the City's fees and charges typically paid at time of building permit, in response to a request from a current subdivision owner to stimulate the local housing economy. Background This item has been discussed infrequently for the past several months. Individual permit and inspection fees have been studied, as well as the impact, transition, and land-cash fees typically paid with a new residential building permit. At last direction, the municipal building impact fee will be reduced from$5,509 per unit to $1,759 per unit. Since that meeting, we have had a meeting with the current owner of Kendallwood Estates (Castle Bank) and their consultants. Like the developers heard during the building code update discussion, Castle Bank's consultant is of the opinion that the fees charged at time of building permit are a hindrance to the resurrection of the local housing economy. As such, they have requested significant reductions and delays in various fees associated with the Kendallwood Estates project. The City Council could choose to consider this request by itself, or apply impact fee changes to all property in the City. For your use in considering the items below, I have attached a survey of incentives offered by Will County communities. This survey was provided by a local developer consultant (not affiliated with Kendallwood Estates) as evidence that the City should do something. With this survey in hand, I spoke with my counterparts in Lockport and Minooka for their input on the program's success. Lockport's administrator stated that in his conversation with the homebuilders and their sales people that the program made a difference. Also, a survey filled out by the homeowners all stated that the incentive made a difference in their decision to locate in Lockport (as opposed to other municipalities). At various City Council meetings, one of the Lockport aldermen stated that he had called every applicant of the program after they had closed, and many of the homeowners said that the incentive was not the deciding factor to build in Lockport. Minooka's former administrator stated that their program had been widely adopted by only one home builder(Meadowbrook Homes). Representatives of Meadowbrook had shared with him that prior to the program they anticipated only building 5 homes in Minooka, and after the program ended they had built 20-25 homes over an 18 month period. Request from Kendallwood Estates As referenced in Community Development Director Noble's memo to this committee, the consultant from Kendallwood Estates is asking for every impact fee to be reduced or the payment delayed. In their opinion, the impact fees are prohibiting the rebound of the local housing economy. They would like to be able to market their subdivision to a potential developer by handing them a letter from the City that states "the following impact fees have been reduced or can be delayed in payment." Of particular note for the Kendallwood Estates development, it was annexed in 1979 prior to many of our impact fees being authorized. Which means the impact fees would not apply to this property, unless the developer asks to negotiate a development agreement or amended annexation agreement. At that time, we would ask negotiate for the inclusion of the impact fees on this property. 1) School transition fee a. Amount - $1,400 at time of building permit b. Notes—This fee is collected by the School District at time of building permit (we require a paid receipt from the district prior to issuance of building permit). This fee is collected under the City's authority(our resolution authorized the fee, and the fee is negotiated into annexation and development agreements). c. Applicability to Kendallwood Estates property—Created after the annexation of the property. d. Policy question—The City could ask the School District to reduce this fee or move the timing from building permit to occupancy permit. 2) Water connection fees a. Amount - $3,700 at time of building permit b. Applicability to Kendallwood Estates property—Applies, in full. c. Policy question—This fee was established by a study that was completed by EEI a few years ago. While the economy has declined since the study, the cost of the water infrastructure that is in the ground has not. Further,the City had to implement an $8.25 per month per user fee to offset the lack of water connection fees. Which brings us to the policy decision of i. Keeping the connection fee at its current rate and running the risk that there is no rebound in the local housing economy(in which case the $8.25 infrastructure fee remains in place), and ii. Reducing the connection fee, and a)there is no rebound in the local housing economy OR b) that a rebound in the local housing economy has nothing to do with our decision to reduce connection fees. In scenario iia, we have lost money connection fees and gained no housing stimulus. In scenario iib, we have lost money on an ineffective program. In both iia and iib, such a decrease in connection fees could result in a need to increase the connection fee. Of course, if the reduction works, then we have more connection fees than we planned and we can reduce of the infrastructure fee. 3) Sewer connection fees a. Amount - $2,000 at time of building permit b. Applicability to Kendallwood Estates property—Applies, in full. c. Policy question—The policy question is parallel to the water connection fee (above). The only difference is that the 1) the sewer connection fee has not changed in 10 years, 2) there is no sewer infrastructure fee on a utility bill and 3) there is a property tax to satisfy certain sewer bonds. 4) Parks land-cash and School land-cash a. Amount—depends on subdivision(and their donations of land v. cash). The per acre value of the land required to be given is currently$101,000. b. Notes—Vacant land is almost certainly cheaper than $101,000 per acre. Doing a study to reduce our land-cash value will cost us $1,200, and will result in less land-cash revenues in the future for the City and the School District. c. Applicability to the Kendallwood Estates property—Applies, in full. d. Policy question—Do we spend money on a land-cash study to reduce our land- cash impact fees? 5) Non-City impact fees a. Library Fee - $500 per unit at time of building permit i. Note—At the request of the Administration Committee, Alderman Colosimo approached the Library Board about the reduction of this fee at the last Library Board meeting. b. Bristol Kendall Fire Protection District Fee - $1000 per unit at time of building permit i. Note—No discussion has been had with BKFD, but their impact fee is collected under the City's authority and discretion. c. Applicability to the Kendallwood Estates property—Created after the annexation of the property. 6) City impact fees a. Municipal Building impact fee—currently $5,509, soon to be $1,769 at time of building permit b. Public Works impact fee - $700 at time of building permit c. Police impact fee - $300 at time of building permit d. Parks and Recreation impact fee - $50 at time of building permit e. Engineering impact fee - $100 at time of building permit i. Notes—Any of the above fees can be decreased, as long as the City Council is aware that expenses typically funded by these fees would have to be covered by the general fund. For public works, that means the debt service on the building Wolf Street. For police, that means squad cars. For Parks and Recreation and Engineering, that means department vehicles. ii. Applicability to the Kendallwood Estates property—Created after the annexation of the property. iii. Policy question—The same policy question applies here as to the water and sewer connection fees: impact fees help pay for growth, but are alleged to be currently prohibiting growth. Options for Impact Fees The City has three main options as it relates to impact fees and Kendallwood Estates: 1) Approve changes to impact fees for this property only a. Fees would be negotiated into an annexation agreement amendment or development agreement, if the developer is seeking other assistance from the City. 2) Approve changes to impact fees for all properties a. Fees could be delayed or reduced, permanently or temporarily. b. This is the option recommended by staff, with specific fee reductions including land-cash, library impact fee, BKFD impact fee, and all other City department impact fees. 3) Do not change any impact fees. Reviewed By: Agenda Item Number 6 Legal ❑ NB #5 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number m Human Resources El C�"Sad `=Q Community Development EDC 2012-15 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Imperial Investments TIF Incentive Agreement Meeting and Date: EDC/April 3, 2012 Synopsis: Draft Redevelopment Agreement between the City and Imperial Investments for the Downtown Yorkville Tax Increment Finance (TIF)Redevelopment Project Area. Council Action Previously Taken: Date of Action: 11-8-11 Action Taken: City Council Approval Item Number: EDC 2011-33 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached draft agreement. REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA THIS AGREEMENT dated as of the day of March 2012, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and Imperial Investments, LLC, an Illinois limited liability company corporation (hereafter the "Developer"). WITNESSETH: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on June 13, 2006, the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (hereinafter the "Redevelopment Plan") was approved, which project and plan covered some of the oldest properties of the City which constitute a significant portion of the City's historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" ("Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, pursuant to the TIF Act, the Corporate Authorities are empowered to undertake the development and redevelopment of a designated area within its municipal limits in which existing conditions permit such area to be classified as a "conservation area" as defined in Section 11.74.4.4-3(a) of the Act as in the case of the Yorkville Downtown Redevelopment Project Area; and, I WHEREAS, the Corporate Authorities have determined that the blighting factors which are readily observed in the Yorkville Downtown Redevelopment Project Area are detrimental to the public and impair redevelopment of this area of the City, with the result that it is necessary to incur extraordinary costs in order to undertake its redevelopment and revitalization. The blighting factors in the Yorkville Downtown Redevelopment Project Area will continue to impair growth and redevelopment but for the use of tax increment allocation financing to pay Redevelopment Project Costs (as defined in Section 4 of this Agreement) which necessarily must be incurred to implement a program of redevelopment; and, WHEREAS, pursuant to the Act and in furtherance of the Redevelopment Plan the Developer submitted to the City a proposal to acquire certain properties within the Yorkville Downtown Redevelopment Project Area for the purpose of redevelopment, rehabilitation and renovation and has advised the City that in order to proceed with this undertaking, financial assistance would be required for certain costs to be incurred, which costs would constitute "redevelopment project costs" as such term is defined in the Act; and, WHEREAS. as a result of the Developer's proposal, the City passed Resolution No. 2011-18 on August 23, 2011, being a Resolution to Induce the Redevelopment of Certain Property within the Yorkville Downtown Tax Increment Redevelopment Project Area (the "Resolution"); and, WHEREAS, the Developer has proceeded with the acquisition of certain properties including but not limitied to the redevelopment, rehabilitation,renovation and repair thereof in reliance upon the aforesaid Resolution and has now requested this Agreement in order to specifically outline the respective obligations of the parties hereto in connection with the 2 implementation of the Redevelopment Plan for the Yorkville Downtown Redevelopment Project Area all as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Redevelopment Agreement and are hereby incorporated into and made a part of this Redevelopment Agreement as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. The Imperial Investment Projects. A. The Developer represents and warrants that it has acquired the following properties, said properties being located within the Downtown Yorkville Redevelopment Project Area: 1. The entire property commonly known as 101 W. Van Emmon Street, identified as Parcel No 02-33-283-014 and any and all past and/or present improvements both interior or exterior in nature and the said land that encompasses said parcel ( hereinafter referred to as "Project No. 1" ); 2. The property commonly known as 217 S. Bridge Street, identified as Parcel No. 02-32-283-011 and any and all past and/or present improvements both interior or exterior in nature and the said land that encompasses said parcel. (hereinafter referred to as "Project No. 2" 3. The property commonly known as 219 S. Bridge Street, identified as parcel No. 02-32-283-012 and any and all past and/or present improvements both interior or exterior in 3 nature and the said land that encompasses said parcel (hereinafter referred to as "Project No. 3"; and, 4. The property commonly known as 202/210 Van Emmon, 306/308 Heustis, identified as parcel Nos. 02-33-158-001, 02-33-158-003, and 02-33-304-001, and any and all past and/or present improvements both interior or exterior in nature and the said land that encompasses said parcels No (hereinafter referred to as "Project No. 4"). (Collectively hereinafter referred to as the "Imperial Investment Projects Phase One") B. The Developer covenants and agrees to develop the Imperial Investment Projects Phase One in conformance with all applicable federal, state and City laws, regulations, ordinances, zoning and building codes, life safety codes, property maintenance codes and all other applicable ordinances of the City (collectively hereinafter referred to as the "Legal Requirements") as in effect as of the date the Imperial Investment Projects Phase One were purchased, which projects include the following components: 1. No. 1: (a) acquisition of 101 W. Van Emmon Street; (b)renovation, rehabilitation and remodeling of the first floor: (c)renovation, rehabilitation and remodeling of the second floor; (d)renovation, rehabilitation and remodeling of the basement;; (e)renovation, rehabilitation of adjoining space; (f) outdoor seating area;as maybe attached to or a part of 101 W. Van Emmon; 4 (g) outdoor lighting, landscaping and signage and any other improvements to the entire parcel. 2. Project No. 2: (a) acquisition of 217 S. Bridge Street; (b)renovation, rehabilitation and remodeling (c) facade renovation including awnings, lighting and landscaping, signage and any other improvements to the entire parcel. 3. Follies Box Office Project No. 3: (a) acquisition of 219 S. Bridge Street (b)renovation, rehabilitation and remodeling; and (c) exterior improvements including but not limited to facade renovation, roof replacement, lighting and landscaping, signage, awnings, exterior seating and any other improvements to the entire parcel. 4. Van Emmon Apartments Project No. 4: (a) acquisition of 202 E. Van Emmon, 210 E. Van Emmon, 306 Heustis Street, and 308 Heustis Street and all common areas. (b) renovation, rehabilitation and remodeling of apartment units and all common areas; and (c) exterior improvements including lighting and landscaping, and all common areas. 5 C. The Developer has submitted estimated budgets, attached hereto as Exhibit A, ( which budgets are subject to annual revision as hereinafter provided) (the "Estimated Budget") for each of the Imperial Investment Projects Phase One, which budgets (the "Estimated Budget") for each of the Imperial itemize an estimate of thetotal costs to be incurred by the Developer in connection with the Imperial Investment Projects Phase One. D. The Developer hereby represents and warrants that financing and/or private funds are available and sufficient to complete the Imperial Investment Projects. E. The Developer represents and agrees that it shall invest no less that $2,000,000 to complete Imperial Investment Projects Phase One. Section 3. Developer's Obligations as a Condition Precedent to the City's Commitment. A. On or before December 31, 2013, the Developer shall have completed a majority of all of the Imperial Investment Projects Phase One in a good and workmanlike manner and in accordance with the Legal Requirements in effect as of the date of the purchase of said projects by the Developer. Section 4. Obligations and Commitments of the City. A. (i) So long as no notice pursuant to Section 20 has been issued to the Developer and remains uncured and so long as the Developer shall have completed the redevelopment, rehabilitation and renovation and continues to operate Project No. 1, No. 2, Project No. 3; and continues to renovate Van Emmon Apartment Project No. 4; all in accordance with the Legal Requirements, the City shall reimburse the Developer for "Redevelopment Project Costs" as hereinafter defined to pay any cost included in the Estimated Budget for Imperial Investment Projects Phase One and such costs as hereinafter may be incurred by the Developer in connection 6 with each of the projects included in Imperial Investment Projects Phase One which are eligible as Redevelopment Project Costs; said reimbursement to be in an amount not to exceed twenty- five percent (25%) of the total investment on the part of the Developer for Imperial Investment Projects Phase One plus costs of financing, marketing, professional fees and any additional improvements made by the Developer.. (ii) The Developer shall annually deliver to the City a revised Estimated Budget for each of the Imperial Investment Projects Phase One itemizing any additional costs incurred after the date hereof. (iii) The Developer shall have the right to submit additional projects to the City in the Yorkville Downtown Redevelopment Project Area and upon approval by the City of such additional projects ("Imperial Investment Future Projects") as being in furtherance of the Redevelopment Plan, the Developer shall add all costs incurred in connection with the approved Imperial Investment Future Projects to the Estimated Budget, as annually revised. The Developer shall be reimbursed for all eligible Redevelopment Project Costs in connection with the Imperial Investment Future Projects approved by the City in accordance with the same limitations, requirements and procedures for reimbursement of the Imperial Investment Projects Phase One. B. For purposes of this Agreement, "Redevelopment Project Costs" shall mean and include all costs and expenses defined as "redevelopment project costs" in Section 11-74.4-3(q) of the TIF Act which are eligible for reimbursement under the TIF Act, including land acquisition costs. The City shall reimburse the Developer for Redevelopment Project Costs 7 pursuant to this Agreement only from amounts on deposit from time to time in the Imperial Investment Subaccount of the STAF, as defined below. Monies deposited from time to time in the Special Tax Allocation Fund of the City (the "Special Tax Allocation Fund" or the "STAF), established by the City pursuant to Ordinance No. 2006-48 will be used for the following purposes: (i) On October 1 of each year [or, if later, that date which is ten (10) days following the date upon which the City receives Incremental Taxes (as defined below) from the second installment of real estate taxes (the "STAF Allocation Date")], 85% of the monies credited to the STAF with respect to the Imperial Investment Projects Phase One during the period from the immediately preceding STAF Allocation Date to, but not including, the current STAF Allocation Date shall be transferred and deposited into the Imperial Investment Subaccount of the STAF (which Subaccount shall be automatically created by the ordinance approving this Agreement) and used solely to reimburse the Developer for Redevelopment Project Costs in accordance with this Agreement. (ii) In addition to the foregoing, the City shall deposit at the aforesaid times, 85% of the monies credited to the STAF with respect to any Imperial Investment Future Project which has been approved by the City as being in furtherance of the Redevelopment Plan to be used to reimburse the Developer for any eligible Redevelopment Project Costs, as itemized in the Estimate Budget for said additional projects, pursuant to the procedures hereinafter set forth. 8 For purposes of this Agreement, in order to apply 85% of the Incremental Taxes (as hereinafter defined) to reimburse the Developer for Redevelopment Project Costs incurred in connection with any Imperial Investment Future Project to be undertaken by the Developer such project or projects shall be reviewed and approved by the Corporate Authorities on the basis that such project or projects are in compliance with the Legal Requirements that are in place and applicable at the time of said approval; and, that such project or projects areis in furtherance of the Redevelopment Plan for the Downtown Yorkville Redevelopment Project Area. THE CITY'S OBLIGATIONS TO REIMBURSE THE DEVELOPER UNDER THIS AGREEMENT IS A LIMITED OBLIGATION PAYABLE SOLELY FROM INCREMENTAL TAXES DEPOSITED IN THE IMPERIAL INVESTMENT SUBACCOUNT OF THE STAF FROM TIME TO TIME AND SHALL NOT BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. As used in this Agreement, "Incremental Taxes" shall mean the amount in the STAF equal to the amount of ad valorem taxes, if any, paid in respect of the Redevelopment Project Area and its improvements which is attributable to the increase in the equalized assessed value of all the Imperial Investment Projects and all Imperial Investment Future Projects which have been approved by the City and their improvements over the initial equalized assessed value of all approved Imperial Investment Project. Section S. Procedures for and Application of Reimbursement to the Developer. A. To establish a right of reimbursement for a specific Redevelopment Project Cost under this Agreement, the Developer shall submit to the City a written statement in the form attached to this Agreement as Exhibit B (a "Request for Reimbursement") setting forth the amount of reimbursement requested and the specific Redevelopment Project Costs for which 9 reimbursement is sought. Each Request for Reimbursement shall be accompanied by such bills, contracts, invoices, lien waivers or other evidence as the City shall reasonably require to evidence the right of the Developer to reimbursement under this Agreement. The Mayor or his or her designee, shall have thirty (30) days after receipt of any Request for Reimbursement from the Developer to recommend to the City Treasurer approval or disapproval of such Request and, if disapproved, to provide the Developer, in writing and in detail, an explanation as to why the City is not prepared to recommend such reimbursement. The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that inadequate documentation has been provided to substantiate such expenditure; that it was not incurred and completed by the Developer in accordance with all the Legal Requirements and the provisions of this Agreement, including without limitation, all approved permits; or, that twenty-five percent (25%) of the total investments of the Developer in the Yorkville Downtown Redevelopment Project Area have been paid to the Developer. The parties acknowledge that the determination of Redevelopment Project Costs and qualification for reimbursement under this Agreement are subject to the TIF Act, all amendments to the TIF Act both before and after the date of this Agreement, and all administrative rules and judicial interpretations rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. C. Reimbursement of Redevelopment Project Costs shall be made annually on each STAF Allocation Date (or, if later, the date which is ten (10) days following approval by the City of payment of such Redevelopment Project Costs); provided that reimbursement of Redevelopment Project Costs shall only be made to the extent money is available therefore in the 10 Imperial Investment Subaccount of the STAF. To the extent money in the Imperial Investment Subaccount is insufficient to reimburse the Developer for Redevelopment Project Costs, such Request for Reimbursement shall be held for payment on the following STAF Allocation Date. Section 6 Undertakings on the Part of Developer. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed with regard to its operation including all real estate taxes assessed against the Imperial Investment Projects or any other location in the City owned or controlled by the Developer. Section 7. Term. Unless earlier terminated pursuant to Section 20, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31, 2029 (the "Termination Date"). In the event the Redevelopment Plan has not been accomplished on or before the Termination Date, the City agrees to review its ability to extend the designation of the Redevelopment Project Area under the TIF Act. Section 8. Verification of Tax In erem en t. The Developer shall use its best efforts to cooperate with the City in obtaining certified copies of its real estate tax bills payable in 2012, and paid in each subsequent year during the term of this Redevelopment Agreement. Section 9. No Liability of City for Others for Developer's Expenses. The City shall have no obligation to pay costs of any of the Imperial Investment Projects or to make any payments to any person other than the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or material man providing services or materials to the Developer for the development of the Imperial Investment Projects. 11 Section 10. Time; Force Majeure. Time is of the essence of this Redevelopment Agreement, provided, however, a party shall not be deemed in material breach of this Redevelopment Agreement with respect to any obligations of this Redevelopment Agreement on such party's part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil disorder, weather conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party's agents, employees or invitees) or similar causes beyond the reasonable control of such party ("Force Majeure"). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. Section 11. Assignment. This Redevelopment Agreement may not be assigned by the Developer without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 12. Developer's Indemnification. The Developer shall indemnify and hold harmless the City, its agents, officers and employees against all injuries, deaths, losses, damages, 12 claims, suits, liabilities, judgments, costs and expenses (including any liabilities, judgments, costs and expenses and reasonable attorney's fees) which may arise directly or indirectly from any third-party claims made against the City as a result of the failure of the Developer or any contractor, subcontractor or agent or employee thereof(so long as such contractor, subcontractor or agent or employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer or material men; from any default or breach of the terms of this Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor or agent or employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials or employees in any such action, the Developer shall, at its own expense, satisfy and discharge the same. The paragraph shall not apply, and the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees or contractors. Section 13. Waiver. Any party to this Redevelopment Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Redevelopment Agreement. 13 Section 14. Severability. If any section, subsection, term or provision of this Redevelopment Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Redevelopment Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section 15. Notices. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Redevelopment Agreement shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Developer: Imperial Investments, Inc. With a copy to: To the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attention: City Administrator With a copy to: Kathleen Field Orr Kathleen Field Orr&Associates 53 W. Jackson Blvd. Suite 935 Chicago, Illinois 60604 14 Section 16 Successors in Interest. This Redevelopment Agreement shall be binding upon and inure to the benefit of the parties to this Redevelopment Agreement and their respective successors and assigns. Section 17. No Joint Venture, Agency or Partnership Created. Neither anything in this Redevelopment Agreement nor any acts of the parties to this Redevelopment Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or joint venture between or among such parties. Section 18. Warranties and Covenants of the Developer. A. The Developer hereby covenants and agrees to maintain good standing as an Illinois limited liability company throughout the term of this Redevelopment Agreement. B. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be lawfully assessed against any of the Imperial Investment Projects or Imperial Investment Future Projects approved by the City with including all real estate taxes assessed against all of the Imperial Investment Projects or any other property or business in the City owned or controlled by the Developer. C. The Developer covenants and agrees that at all times it shall comply with the Legal Requirements and all applicable zoning ordinances and regulations, building code, fire code and all other City ordinances, resolutions and regulations, as in effect as of the date of the approval of each project. 15 D. The Developer hereby covenants and agrees to comply with all applicable laws, rules and regulations of the State of Illinois, the United States and all agencies of each of them having jurisdiction over it. Section 19. No Discrimination — Construction. The Developer for itself and its successors and assigns agrees that in the construction of the Imperial Investment Projects and future projects approved by the City, provided for in this Redevelopment Agreement, the Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex or national origin unless there is a false claim and or accusation Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer agree to post in conspicuous places, available to employees and applicants for employment, notices, which may be provided by the City, setting forth the provisions of this nondiscrimination clause. Section 20. Remedies—Liability. A. If, in the City's judgment, the Developer is in material default of this Redevelopment Agreement, the City shall provide the Developer with a written statement indicating in adequate detail any failure on the Developer's part to fulfill its obligations under this Redevelopment Agreement. Except as required to protect against further damages, the City may not exercise any remedies against the Developer in connection with such failure until thirty 16 (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such thirty (30) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. B. If the Developer materially fails to fulfill its obligations under this Redevelopment Agreement after notice is given by the City and any cure periods described in paragraph (a) above have expired, the City may elect to terminate this Redevelopment Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Redevelopment Agreement. If any proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer's debts, or the Developer makes an assignment for the benefit of its creditors, or a trustee or receiver is appointed for the Developer or for the major part of the Developer's property, the City may elect, to the extent such election is permitted by law and is not unenforceable under applicable federal bankruptcy laws, but is nor required, with or without notice of such election and with or without entry or other action by the City, to forthwith terminate this Redevelopment Agreement under this Section, the City's sole obligation shall be to record, in the office of the Kendall County Recorder, a Certificate of Default, executed by the 17 Mayor of the City or such other person as shall be designated by the City, stating that this Redevelopment Agreement is terminated pursuant to the provisions of this Section, in which event this Redevelopment Agreement by virtue of the recording of such certificate, shall ipso facto automatically become null and void and of no further force and effect.. C. If, in the Developer's judgment, the City is in material default of this Redevelopment Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City's part to fulfill its obligations under this Redevelopment Agreement. The Developer may not exercise any remedy against the City in connection with such failure until (30) days after giving such notice. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the Developer in asserting any of their rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. D. In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct or remedy any default, or to obtain any other remedy consistent with the purpose of this Redevelopment Agreement, either at law or in equity, including, but not limited to the equitable remedy of an action for specific performance; provided, however, no recourse under or upon any obligation contained herein or for any claim based thereon shall be had against the City, its officers, agents, attorneys, representatives or employees in any amount or in excess of any specific sum agreed to be paid by the City hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by 18 the City, its officers, agents, attorneys, representatives or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Redevelopment Agreement by the City. Notwithstanding the foregoing, in the event either party shall institute legal action against the other party because of a breach of any Redevelopment Agreement or obligation contained in this Redevelopment Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred in connection with such action. E. The rights and remedies of the parties are cumulative and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. Section 21. Amendment. This Redevelopment Agreement, and any exhibits attached to this Redevelopment Agreement, may be amended only in a writing signed by all the parties with the adoption of any ordinance or resolution of the City approving said amendment, as provided by law, and by execution of said amendment by the parties or their successors in interest. Except as otherwise expressly provided herein, this Redevelopment Agreement supersedes all prior Redevelopment Agreements, negotiations and discussions relative to the subject matter hereof. Section 22. Counterparts. This Redevelopment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 19 IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk IMPERIAL INVESTMENTS, LLC, an Illinois liability company By: President Attest: Secretary 20 Exhibit A Estimated Project Budgets Redevelopment Project Costs 21 Exhibit B REQUEST FOR REIMBURSEMENT City of Yorkville Yorkville,Illinois 61490-9999 Re: Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area dated , by and between the City of Yorkville, an Illinois municipal corporation, and Imperial Investments, LLC, an Illinois limited liability company (collectively the"Developer") Dear Sir: You are requested to approve the disbursement of funds from the Sub-Account established by the City of Yorkville pursuant to the Agreement described above in the amount(s), to the person(s) and for the purpose(s) set forth in this Request for Reimbursement. 1. Request for Reimbursement No.: 2. Payment Due to: 3. Amount to be Disbursed: 4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to pay Redevelopment Project Costs as defined in the Agreement and as listed on the Schedule to this Request for Reimbursement. 5. The undersigned certifies that: (i) the amounts included in 3 above were made or incurred or financed and were necessary for the project and were made or incurred in accordance with the construction contracts, plans and specifications heretofore in effect; (ii) the amounts paid or to be paid,as set forth in this Request for Reimbursement,represents a part of the funds due and payable for Redevelopment Project Costs; (iii) the expenditures for which amounts are requisitioned represent proper Redevelopment Project Costs identified in the Agreement, have not been included in any previous Request for Reimbursement, have been properly recorded on the Developer's books and are set forth on the attached Schedule,with paid invoices attached for all sums for which reimbursement is requested; (iv) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developer for his funds actually advanced for Redevelopment Project Costs; (v) the amount of Redevelopment Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developer pursuant to the Agreement, is not in excess of twenty-five percent (25%) of the Developer's total investment in the Downtown Yorkville Redevelopment Project Area; (vi) the Developer is not in default under the Agreement(as proven based on a court of law, the City cannot arbitrarily withhold funds) and nothing has occurred to the knowledge of the Developer that would prevent the performance of its obligations under the Agreement. 6. Attached to this Request for Reimbursement is Schedule# ,together with copies of invoices or bills of sale and Mechanic's Lien Waivers or and unless the Developer fully indemnifies the City and or the payee if not the same.covering all items for which reimbursement is being requested. Imperial Investments,LLC,an Illinois limited liability company Date: By: APPROVED: 22 City of Yorkville,an Illinois municipal corporation