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Economic Development Packet 2011 09-06-11 '��D CITY ?` © United City of Yorkville 15 0 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 0 I. p Telephone: 630-553-4350 <am Fax: 630-553-7575 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, September 6, 2011 6:30 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: August 2, 2011 New Business: 1. EDC 2011-31 Building Permit Report for July 2011 2. EDC 2011-32 Building Inspection Report Summary for July 2011 3. EDC 2011-33 Boombah Incentive Agreement 4. EDC 2011-34 Kendallwood Estates Bank Proposal and Impact Fee Changes 5. EDC 2011-35 Tourism a. Baseball Tournaments b. Conventions at Local Hotels 6. EDC 2011-36 Annexation of Certain Properties Pursuant to Section 7-1-13 of the Illinois Municipal Code Old Business: Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, September 6, 2011 6:30 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- l. August 2, 2011 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2011-31 Building Permit Report for July 2011 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2011-32 Building Inspection Report Summary for July 2011 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2011-33 Boombah Incentive Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2011-34 Kendallwood Estates Bank Proposal and Impact Fee Changes ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2011-35 Tourism—a. Baseball Tournaments; b. Conventions at Local Hotels ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2011-36 Annexation of Certain Properties Pursuant to section 7-1-13 of the Illinois Municipal Code ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- c/Ty Reviewed By: Agenda Item Number 2 i o J a T Legal ❑ Minutes Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ °^Y `O Public Works ❑ dal Cou^ty El`E Agenda Item Summary Memo Title: Minutes of the Economic Development Committee—August 2, 2011 Meeting and Date: EDC— September 6, 2011 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, August 2, 2011, 6:30pm City Conference Room In Attendance: Committee Members Chairman Marty Munns Alderman Jackie Milschewski Alderman Diane Teeling Alderman Chris Funkhouser Other City Officials City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble Other Guests Attorney James Binninger Economic Development Director Lynn Dubajic The meeting was called to order by Chairman Marty Munns at 6:30pm. Minutes for Correction/Approval July 5, 2011 The minutes were approved as read. Items Recommended by Plan Commission/ZBA for Approval: None New Business 1. EDC-2011-27 Building Permit Report for June 2011 No comments 2. EDC 2011-28 Building Inspection Report Summary for June 2011 Alderman Teeling asked if persons requesting inspections were responsible for payment. Those persons do pay for building inspections, however, Ms. Barksdale-Noble noted that some plan reviews have fee locks. Next month, this report will reflect those fees. 3. EDC 2011-29 Removal of SSAs from Undeveloped Portion of Grande Reserve Attorney Jim Binninger was present to discuss this item. If an SSA is not used, it will still be reflected as an encumbrance on property titles. This could impact financing negatively in a home sale/purchase. Mr. Olson said the Bank of America has asked the City to dissolve the SSA and he recommended this action to the committee. This item will move to the next City Council consent agenda. 1 4. EDC 2011-30 Ordinance Amending City Code Regarding Taxi Cabs There is currently no code for taxicabs. Chairman Munns asked who would perform inspections. Mr. Olson said the Police Chief or Code Official would do these. At this time, there is only one "demand based"taxi service and it is operated out of a residence. Possible fees were discussed as well as taxi zones. (Alderman Milschewski noted a spelling error in the proposed ordinance). Requirements include licensing of cabs and drivers as well as fingerprinting, applications, insurance, basic vehicle standards, rates need to be filed and hours of operation determined. The attorney also suggested only 1 cab be allowed to be parked in a residential driveway Alderman Milschewski also suggested this ordinance be reviewed by the Public Safety committee, so Mr. Olson will present it at theit next meeting. Old Business 1. EDC 2011-26 Transportation to Water Park Ideas Ms. Barksdale-Noble spoke with a representative of the water park and put him in touch with a KATS transportation official. It was noted that anyone wishing a ride must register 2 days in advance and Mr. Olson stated that the grant for the system limits their operation. Alderman Milschewski suggested Septran, however, that would most likely involve a private contract. No further action at this time since the water park is nearing the end of their season. 2. EDC 2011-13 Digital Billboard Signs—Discussion Ms. Barksdale-Nobile said contact was made with an advertising company. A possible billboard size of 10 foot by 40 foot was discussed which is approximately the size of the Kendall Marketplace sign. Mr. Olson said he saw a billboard sign in the Plainfield area on Rt. 59 and it was neither too bright or caused glare. The sign displayed 4 different municipal advertisements along with other ads. Alderman Milschewski said that Yorkville is more of a rural community and feels that will be lost if a billboard sign is installed. Alderman Teeling also said she did not favor them. A short-term lease agreement was suggested by Alderman Funkhouser. The sign by the train tracks on Rt. 47 was estimated at 10x30 and it was noted that the size can be limited by ordinance. Ms. Dubajic said many local businesses inquire about the billboards. 3. EDC 2011-22 Development Fee Research Ms. Barksdale-Noble provided a spreadsheet listing all the fee locks with a detailed list of those about to expire. Most others are due within 4-5 years. This list is under the old ordinance. Alderman Teeling asked what the standard is in other communities. This depends on their capital programs. Ms. Barksdale-Noble said that Plainfield has dispensed with their impact fee and Sugar Grove cut theirs in half. Ms. Milschewski asked how the fee reduction would impact the City. The reduction would cover any future building, however, it was noted that the City Hall is paid for now. It is hoped that other departments will make cuts as well. This item will move to the City Council consent agenda. 2 Additional Business Ms. Dubajic said even though there is no active building, land cash is being discussed. Mr. Olson said this will be reviewed by the Park Board and School District. An analysis will also be needed. The current land cash value is $101,000 per each undeveloped acre. Alderman Funkhouser said he had received a call regarding an inspection that was scheduled for the next day. However, because it was the only one, it was cancelled that afternoon. The caller was upset and wished to know the reason why. Ms. Barksdale Noble will research this. A JULIE locate report was requested by Alderman Teeling for the last week or 30 days. She noted that one person had previously done this job and now it has been transferred to another department. Ms. Teeling also asked about Hopper's and it was noted that they will be at Hometown Days. There was no further business and the meeting adjourned at 7:l Opm. Minutes respectfully submitted by Marlys Young 3 c/Ty Reviewed By: J� O� Legal ❑ Agenda Item Number 1 Finance ❑ NB #1 EST 1836 1 Engineer ❑ y City Administrator ❑ Tracking Number °^,Y O Consultant ❑ " °" ty El EDC 2011-31 LE Agenda Item Summary Memo Title: Building Permit Report (July 2011) Meeting and Date: EDC— September 6, 2011 Synopsis: All permits issued in the month of July, 2011 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: D Weinert Building and Zoning Name Department Agenda Item Notes: `QED cj,y .0 UNITED CITY OF YORKVILLE A EST., 1836 o h BUILDING PERMIT REPORT July 2011 <CE TYPES OF PERMITS Number of SFD SFA Multi- Family Commercial Industrial Misc. Construction Permit Permits Single Family Single Family Apartments Includes all Permits Issued for Cost Fees Issued Dwelling Attached Condominiums Commercial Use July 2011 50 5 0 0 6 0 39 883,107.00 54,362.69 Calendar Year 354 20 0 0 67 0 267 8,761.669.00 228,327.19 2011 Fiscal Year 2011 225 14 0 0 42 0 169 7,351,751.00 153,719.51 July 2010 57 2 0 0 17 0 38 807,324.00 41,180.88 Calendar Year 379 25 6 0 67 0 281 16,836,383.00 341,193.16 2010 Fiscal Year 2010 203 9 6 0 35 0 153 4,329,243.00 187,609.16 JUIy2009 77 11 8 0 11 0 47 4,593,663.00 178,816.63 Calendar Year 370 32 8 0 99 0 278 20,927,199.00 552,769.71 2009 Fiscal Year 2009 212 22 8 0 38 0 144 14,635,302.00 373,324.49 July 2008 84 5 4 0 25 0 51 2,471,991.00 111,790.64 Calendar Year 585 64 36 0 196 0 289 60,447,801.00 1,277,485.91 2008 Fiscal Year 2008 305 33 22 0 79 0 171 42,143,237.00 692,534.74 Prepared by D Weinert C/T y Reviewed By: J� O Legal ❑ Agenda Item Number Finance ❑ NB #2 EST. �Z 1836 Engineer ❑ [l� li` City Administrator ❑ Tracking Number °°^oys O Consultant ❑ "`°°"" ❑ EDC 2011-32 �4L.E Agenda Item Summary Memo Title: Building Inspection Report Summary(July 2011) Meeting and Date: EDC— September 6, 2011 Synopsis: All inspections performed in the month of July 2011 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: D Weinert Building and Zoning Name Department Agenda Item Notes: DATE: 09/01/2011 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 16:20:56 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2011 TO 07/31/2011 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ BF 005-FIN FINAL INSPECTION 20100356 891 CANYON TR 122 07/19/2011 Commentsl: FRAME FINAL GAZEBO PWK AM 023-EFL ENGINEERING - FINAL INSPE 20100448 1162 KATE DR 239 07/21/2011 Commentsl: REINSPECTION BF 004-PLR PLUMBING - ROUGH 20100537 521 PARKSIDE LN 94 07/13/2011 Commentsl: BASEMENT FINISH PWK AM 022-EFL ENGINEERING - FINAL INSPE 20100540 1358 SPRING ST 221 07/21/2011 Commentsl: REINSPECTION BF PM 016-PPS PRE-POUR, SLAB ON GRADE 20110015 1122 W VETERANS PKWY 07/06/2011 BF PM 017-PPS PRE-POUR, SLAB ON GRADE 07/07/2011 BF 011-PLF PLUMBING - FINAL 20110039 1211 WILLOW WAY 207 07/01/2011 Commentsl: REINSPECTION PWK 015-EPW ENGINEERING- PUBLIC WALK 20110041 345 BERTRAM DR 1106 07/06/2011 PWK 018-EFL ENGINEERING - FINAL INSPE 20110042 392 BERTRAM DR 1031 07/11/2011 BF 019-FEL FINAL ELECTRIC 07/14/2011 BF 020-PLF PLUMBING - FINAL 07/14/2011 PWK 021-EFL ENGINEERING - FINAL INSPE 07/14/2011 Commentsl: RE FINAL PROPERTY CORNERS AND TREE BF 022-FIN FINAL INSPECTION 07/14/2011 PWK 001-PH POST HOLES / PILES 20110049 314 W KENDALL DR 3 07/07/2011 Commentsl: DECK BF 002-REL ROUGH ELECTRICAL 20110097 4481 SARASOTA AVE 1151 07/05/2011 PWK AM 004-FIN FINAL INSPECTION 20110104 1562 CORAL DR 182 07/27/2011 BF 005-FIN FINAL INSPECTION 20110118 2665 N BRIDGE ST 7 07/01/2011 BF 006-PLF PLUMBING - FINAL 07/01/2011 BF 003-FIN FINAL INSPECTION 20110129 1341 CHESTNUT CIR 21 07/06/2011 Commentsl: DECK FINAL BF 008-RFR ROUGH FRAMING 20110141 2328 EMERALD LN 38 07/12/2011 Printed with FinePrint - purchase at www.fineprint.com DATE: 09/01/2011 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 16:20:56 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2011 TO 07/31/2011 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ BF 009-REL ROUGH ELECTRICAL 07/12/2011 BF 010-PLR PLUMBING - ROUGH 07/12/2011 BF 011-INS INSULATION 07/13/2011 PWK PM 013-EPW ENGINEERING- PUBLIC WALK 07/21/2011 BF AM 003-RFR ROUGH FRAMING 20110146 421 FAIRHAVEN DR 32 07/13/2011 BF AM 004-REL ROUGH ELECTRICAL 07/13/2011 BF AM 001-FIN FINAL INSPECTION 20110155 125 W WHEATON AVE 10 07/28/2011 Commentsl: FINAL ELECTRIC, CHECK METER INSTALLATION BF 010-RFR ROUGH FRAMING 20110161 4554 GARDINER AVE 1132 07/01/2011 BF 011-REL ROUGH ELECTRICAL 07/01/2011 BF 012-PLR PLUMBING - ROUGH 07/01/2011 BF 013-INS INSULATION 07/06/2011 BF 014-RMC ROUGH MECHANICAL 07/01/2011 PWK 12:00 015-EPW ENGINEERING- PUBLIC WALK 07/22/2011 BF 005-FIN FINAL INSPECTION 20110167 904 HEARTLAND DR 165 07/14/2011 Commentsl: FINAL FOR DECK,RE-INSPECTION) PWK 001-PPS PRE-POUR, SLAB ON GRADE 20110176 443 TWINLEAF TR 86 07/08/2011 BF AM 003-FIN FINAL INSPECTION 20110183 4542 HARRISON ST 1119 07/22/2011 Commentsl: DECK BF AM 002-FIN FINAL INSPECTION 20110192 2437 ALAN DALE LN 129 07/22/2011 Commentsl: DECK, BF 009-REL ROUGH ELECTRICAL 20110196 4632 PLYMOUTH AVE 992 07/19/2011 BF 010-RFR ROUGH FRAMING 07/19/2011 Commentsl: FRAMING & MECHANICAL BF 011-PLR PLUMBING - ROUGH 07/19/2011 BF 012-INS INSULATION 07/22/2011 BF 001-RPZ PLUMBING - RPZ VALVE 20110221 105 BLACKBERRY LN 22 07/15/2011 Commentsl: LAWN SPRINKLERS Printed with FinePrint - purchase at www.fineprint.com DATE: 09/01/2011 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 16:20:56 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2011 TO 07/31/2011 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ BF 001-RPZ PLUMBING - RPZ VALVE 20110222 2544 LYMAN LOOP 71 07/15/2011 BF AM 010-REL ROUGH ELECTRICAL 20110226 2373 LAVENDER WAY 89 07/21/2011 BF _ AM 011-RFR ROUGH FRAMING 07/21/2011 Commentsl: FRAME AND MECHANICAL BF AM 012-PLR PLUMBING - ROUGH 07/25/2011 BF 013-INS INSULATION 07/25/2011 BF _ PM 004-RFR ROUGH FRAMING 20110227 884 CANYON TR 106 07/15/2011 Commentsl: - addition BF 010-FIN FINAL INSPECTION 20110240 131 E. HYDRAULIC STREET 07/22/2011 Commentsl: RE FINAL - DOOR BF AM 002-RFR ROUGH FRAMING 20110247 1849 ASTER DR 96 07/25/2011 Commentsl: DECK, BF 005-PLR PLUMBING - ROUGH 20110249 1151 GRACE DR 68 07/19/2011 BF 006-REL ROUGH ELECTRICAL 07/19/2011 BF 007-RFR ROUGH FRAMING 07/19/2011 Commentsl: FRAME AND MECHANICAL BF 008-PLU PLUMBING - UNDERSLAB 07/19/2011 BF AM 009-INS INSULATION 07/22/2011 BF AM 010-BSM BASEMENT FLOOR 07/22/2011 BF AM 011-GAR GARAGE FLOOR 07/28/2011 BF AM 012-STP STOOP 07/28/2011 DW 013-SPO SPOT SURVEY 07/15/2011 BF 004-BKF BACKFILL 20110250 1302 CLEARWATER DR 251 07/07/2011 BF 002-FIN FINAL INSPECTION 20110263 2388 IROQUOIS LN 30 07/14/2011 Commentsl: FINAL FOR DECK PWK AM 001-ESW ENGINEERING - SEWER / WAT 20110278 1262 TAUS CIR 120 07/08/2011 BF AM 002-FTG FOOTING 07/12/2011 Printed with FinePrint - purchase at www.fineprint.com DATE: 09/01/2011 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 16:20:56 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2011 TO 07/31/2011 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ BF AM 003-PPW PRE-POUR, WALL STEEL 07/15/2011 BF AM 004-BKF BACKFILL 07/21/2011 DW 006-SPO SPOT SURVEY 07/28/2011 BF 002-FIN FINAL INSPECTION 20110293 782 GREENFIELD TURN 107 07/19/2011 Commentsl: FINAL DECK BF 09:00 AM 001-RPZ PLUMBING - RPZ VALVE 20110300 1088 HOMESTEAD DR 37 07/21/2011 BF AM 001-TRN TRENCH - (GAS, ELECTRIC, 20110304 15 S CANNONBALL TR 07/14/2011 Commentsl: TRENCH FOR ELECTRIC, SEPTRAN SCHOOL BUS BF 002-FIN FINAL INSPECTION 20110316 2561 EMERALD LN 129 07/05/2011 Commentsl: FINAL FOR DECK BF _ 001-FIN FINAL INSPECTION 20110321 948 HAYDEN DR 42 07/14/2011 Commentsl: ABOVE GROUND POOL BF 001-PPW PRE-POUR, WALL STEEL 20110322 2363 LAVENDER WAY 88 07/19/2011 PWK 002-ESW ENGINEERING - SEWER / WAT 07/22/2011 BF 003-FTG FOOTING 07/15/2011 BF 004-BKF BACKFILL 07/21/2011 BF 005-PLU PLUMBING - UNDERSLAB 07/28/2011 BF 001-FTG FOOTING 20110323 4606 PLYMOUTH AVE 996 07/15/2011 BF 002-PPW PRE-POUR, WALL STEEL 07/25/2011 BF 003-ESW ENGINEERING - SEWER / WAT 07/27/2011 BF 004-PLU PLUMBING - UNDERSLAB 07/28/2011 BF 005-BKF BACKFILL 07/21/2011 PWK 001-PPS PRE-POUR, SLAB ON GRADE 20110329 2033 WILD INDIGO LN 12 07/08/2011 PWK 001-PH POST HOLES / PILES 20110334 384 BERTRAM DR 1033 07/07/2011 BF PM 001-BND POOL BONDING 20110336 459 TWINLEAF TR 87 07/07/2011 BF _ AM 004-FIN FINAL INSPECTION 20110339 3343 CALEDONIA DR 18 07/21/2011 Commentsl: FINAL FOR BUILDING Printed with FinePrint - purchase at www.fineprint.com DATE: 09/01/2011 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 16:20:56 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2011 TO 07/31/2011 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ BF AM 005-PLF PLUMBING - FINAL 07/21/2011 Commentsl: PLUMBING FINAL PWK AM 001-PPS PRE-POUR, SLAB ON GRADE 20110342 2739 GOLDENROD DR 239 07/14/2011 PWK 13:00 002-PPS PRE-POUR, SLAB ON GRADE 07/18/2011 Commentsl: RE-INSPECTION PWK 001-PPS PRE-POUR, SLAB ON GRADE 20110346 112 SCHOOLHOUSE RD 07/07/2011 Commentsl: MULTIPLE PRE POUR PATIOS PWK PM 002-PPS PRE-POUR, SLAB ON GRADE 08/13/2011 PWK 11:00 001-PH POST HOLES / PILES 20110352 201 W ORANGE ST 1 07/19/2011 Commentsl: FENCE PWK AM 001-PH POST HOLES / PILES 20110355 2336 LAVENDER WAY 97 07/11/2011 BF PM 002-RFR ROUGH FRAMING 07/15/2011 Commentsl: FRAMING FOR DECK BF _ AM 003-FIN FINAL INSPECTION 07/21/2011 Commentsl: DECK PWK 001-FIN FINAL INSPECTION 20110356 205 E MAIN ST 5 07/12/2011 Commentsl: ROOF PWK 001-FIN FINAL INSPECTION 20110357 1327 WALSH DR 119 07/14/2011 Commentsl: ROOF FINAL BF 001-BND POOL BONDING 20110358 408 ELM ST 38 07/12/2011 BF 002-FIN FINAL INSPECTION 07/14/2011 BF 001-FTG FOOTING 20110363 4606 PLYMOUTH AVE 996 07/15/2011 BF 002-PPW PRE-POUR, WALL STEEL 07/21/2011 BF 003-BKF BACKFILL 07/25/2011 PWK 004-ESW ENGINEERING - SEWER / WAT 07/28/2011 Commentsl: REINSPECTIONS PWK 005-ESW ENGINEERING - SEWER / WAT 07/27/2011 BF AM 006-PLU PLUMBING - UNDERSLAB 07/28/2011 BF PM 001-FTG FOOTING 20110364 2363 LAVENDER WAY 88 07/15/2011 Printed with FinePrint - purchase at www.fineprint.com DATE: 09/01/2011 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 16:20:56 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2011 TO 07/31/2011 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ BF AM 002-PPW PRE-POUR, WALL STEEL 07/19/2011 BF AM 003-BKF BACKFILL 07/21/2011 BF AM 004-PLU PLUMBING - UNDERSLAB 07/28/2011 PWK 005-ESW ENGINEERING - SEWER / WAT 07/22/2011 PWK AM 001-PPS PRE-POUR, SLAB ON GRADE 20110372 1012 SUNSET AVE 47 07/14/2011 PWK PM 001-PPS PRE-POUR, SLAB ON GRADE 20110373 417 ELM ST 27 07/14/2011 PWK AM 001-PPS PRE-POUR, SLAB ON GRADE 20110376 1162 KATE DR 239 07/20/2011 BF 001-FIN FINAL INSPECTION 20110377 3132 LAUREN DR 110 07/13/2011 BF 002-FEL FINAL ELECTRIC 07/13/2011 BF 003-PLF PLUMBING - FINAL 07/13/2011 PWK 004-EFL ENGINEERING - FINAL INSPE 07/15/2011 BF 005-PLF PLUMBING - FINAL 07/15/2011 BF 006-FEL FINAL ELECTRIC 07/15/2011 Commentsl: REINSPECTION PWK 13:00 001-PPS PRE-POUR, SLAB ON GRADE 20110381 2972 ELLSWORTH DR 356 07/21/2011 Printed with FinePrint - purchase at www.fineprint.com DATE: 09/01/2011 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 16:20:56 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2011 TO 07/31/2011 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PERMIT TYPE SUMMARY: ADD ADDITION 4 AGP ABOVE-GROUND POOL 4 BSM BASEMENT REMODEL 1 CCO COMMERCIAL OCCUPANCY PERMIT 1 COM COMMERCIAL BUILDING 2 CRM COMMERCIAL REMODEL 3 DCK DECK 12 ELE ELECTRICAL UPGRADE 1 FNC FENCE 2 FOU FOUNDATION 11 GAZ GAZEBO 1 OTH OTHER 2 PTO PATIO / PAVERS 10 RCO RESIDENTIAL OCCUPANCY PERMIT 8 ROF ROOFING 2 RPZ RPZ - BACKFLOW PREVENTION 3 SFD SINGLE-FAMILY DETACHED 52 INSPECTION SUMMARY: BKF BACKFILL 6 BND POOL BONDING 2 BSM BASEMENT FLOOR 1 EFL ENGINEERING - FINAL INSPECTION 5 EPW ENGINEERING- PUBLIC WALK 3 ESW ENGINEERING - SEWER / WATER 6 FEL FINAL ELECTRIC 3 FIN FINAL INSPECTION 20 FTG FOOTING 5 GAR GARAGE FLOOR 1 INS INSULATION 5 PH POST HOLES / PILES 4 PLF PLUMBING - FINAL 6 PLR PLUMBING - ROUGH 6 PLU PLUMBING - UNDERSLAB 5 PPS PRE-POUR, SLAB ON GRADE 12 PPW PRE-POUR, WALL STEEL 5 REL ROUGH ELECTRICAL 7 RFR ROUGH FRAMING 9 RMC ROUGH MECHANICAL 1 RPZ PLUMBING - RPZ VALVE 3 SPO SPOT SURVEY 2 STP STOOP 1 TRN TRENCH - (GAS, ELECTRIC, ETC) 1 INSPECTOR SUMMARY: BF B&F TECHNICAL CODE SERVICE 87 DW D WEINERT 2 PWK PUBLIC WORKS 30 Printed with FinePrint - purchase at www.fineprint.com DATE: 09/01/2011 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 16:20:56 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 07/01/2011 TO 07/31/2011 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ STATUS SUMMARY: A BF 1 A PWK 1 C BF 26 C DW 1 C PWK 8 I BF 49 I DW 1 I PWK 19 T BF 11 T PWK 2 REPORT SUMMARY: 119 Printed with FinePrint - purchase at www.fineprint.com c/Ty Reviewed By: J� O� Legal El Agenda Item Number a Finance ❑ NB #3 EST. , 1836 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number °" Community Development F1 K "ty Police ❑ EDC 2011-33 ALE Public Works ❑ Agenda Item Summary Memo Title: Boombah incentive agreement Meeting and Date: Economic Development— September 6, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: O� Memorandum If To: City Council EST. , 1836 From: Bart Olson, City Administrator 4 y CC: � CW p Date: September 2, 2011 � 4;1 wy Subject: Boombah incentive agreement 4t E Summary A sales tax incentive agreement for the relocation of the corporate headquarters of Boombah, Inc. to Yorkville. Background Boombah, Inc. is a sports apparel manufacturer currently located in Morris, Illinois. The growth of their business has resulted in the need for a larger manufacturing and office building. Boombah's search for a building to accommodate future growth has led them to the current ProBuild property, off of Wheaton Avenue. In order to afford the property and complete the move, Boombah has notified the City that financial assistance is required. Boombah plans to bring 90 employees to Yorkville, by purchasing the property on which ProBuild is currently operating. Boombah would operate out of the east building (vacant) and would continue to rent the west building to ProBuild for the next several years. Boombah is owned by Rick Tollefson, who is also the owner of Imperial Investments. Imperial Investments has purchased the property in downtown Yorkville on which Cobblestone Bakery is operating. The City Council approved an inducement resolution with Imperial Investments at the last City Council meeting, which will allow us to negotiate TIF incentives in the future with Imperial Investments. While Imperial Investments and Boombah are separate corporate entities, they are owned by the same individual. Incentive agreement summary The draft incentive agreement for Boombah is attached, and contains five main incentives. 1) Paragraph 4A of the agreement—page 4 a. The City agrees to rename Wheaton Avenue to Boombah Boulevard. 2) Paragraph 4B of the agreement—page 4 a. This is a traditional sales tax rebate to Boombah, with a non-traditional rebate calculation. For the first five years of the agreement, the City will keep the first $20,000 of local sales tax(one percentage point, I%) and will rebate 100% of the local sales tax after $20,000. This rebate applies only to the municipal sales tax received by the City understate statutes (one percentage point, I%). i. Expected sales tax revenues the first five years are between$30,000 and $50,000 per year. ii. This rebate does not apply to the 1% of non home rule sales taxes. 3) Paragraph 4C of the agreement—page 5. a. This is a traditional sales tax rebate to Boombah, with a traditional rebate calculation. In years six through ten of the agreement, the City will rebate half of the local sales tax (50% of one percentage point). i. Expected sales tax revenues are above $50,000 per year. 4) Paragraph 4D of the agreement—page 5. a. This is an incentive that crosses over to involve Imperial Investment's downtown TIF properties and City TIF projects in general. For years six through ten of the agreement, the City agrees to budget downtown TIF projects in an amount equal to the amount rebated to Boombah in paragraph 4C (item 3 above). Further,the City agrees to consult with Boombah on the use of those funds. i. For example, if Boombah is generating $60,000 in annual local sales taxes, the City agrees to budget at least $30,000 in downtown TIF projects in that year (provided TIF funds are available). Prior to expense of those funds, City officials will schedule a meeting with representatives from Boombah to ask them where they would prefer that $30,000 to be spent in the downtown. It is at the complete discretion of the City after that meeting, to determine where that money will be spent each year. 5) Paragraph 4E of the agreement—page 6. a. This is an incentive that crosses over to Imperial Investment's downtown TIF properties and City TIF projects in general. At the last City Council meeting, the City approved a payout to Wesley Property Corp. for $322,000 for satisfaction of the incentive agreement to construct the traffic signal at Wheaton Avenue and Route 47. The revenues used for that payout and past incentive payouts to Wesley Property Corporation were generated from FE Wheaton, which is now ProBuild. Since the City accelerated the payouts under that agreement,the incentive provision below will not be triggered until the City is "paid back" from that acceleration. b. Once the payback to the City is met, the City agrees to budget downtown TIF projects in an amount equal to 50%of one percentage point of local sales taxes generated by any other business operating on the Boombah property. Further, the City agrees to consult with Boombah on the use of those funds. i. For example, if ProBuild is still located on the Boombah property for the next 10 years, and generating $100,000 in sales tax revenues per year, the payback trigger would be met in year six of the agreement. From that point forward, the City would budget for at least $50,000 in downtown TIF projects that year(provided TIF funds are available). Prior to expense of those funds, City officials will schedule a meeting with representatives from Boombah to ask them where they would prefer that $50,000 to be spent in the downtown. It is at the complete discretion of the city after that meeting to determine where the money will be spent each year. ECONOMIC INCENTIVE AGREEMENT FOR THE BETWEEN THE UNITED CITY OF YORKVILLE AND BOOMBAH THIS ECONOMIC INCENTIVE AGREEMENT dated as of the day of , 2011, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation(hereafter the "City") and Boombah(hereafter"Boombah"). WITNESSETH: WHEREAS, the City is a non-home-rule municipality pursuant to the Illinois Municipal Code and Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, Boombah is in the business of manufacturing customized sports apparel, footwear, uniforms and accessories and is currently located in Morris, Illinois; and, WHEREAS, Boombah has approached the City to propose that it acquire property in the City located west of Route 47, north of Cannonball Trail on Wheaton Avenue (the "Subject Property") and relocate its corporate headquarters to this location on the condition that the City provides certain incentives in order to induce it to proceed with this major undertaking; and, WHEREAS, Boombah has also advised the City that it intends to invest in the redevelopment of the City's "downtown district" on the condition that the City itself continues to invest in the redevelopment of this area through the use of incremental real estate taxes available for such purpose as a result of the City's designation of the "downtown district" as the Downtown Yorkville Redevelopment Project Area (the "Redevelopment Project Area" or "Downtown District") pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (the "TIF Act") and the adoption of a Redevelopment Plan and Project for this Redevelopment Project Area (the "Redevelopment Plan") and the TIF Act as applicable to this Redevelopment Project Area; and, 1 WHEREAS, the Mayor and City Council of the City(the "Corporate Authorities") have reviewed the qualifications and business operation of Boombah and have concluded that Boombah's proposed investment in the Downtown District and Boombah's relocation of its business operation to the City would substantially increase job opportunities for the citizens of the City and provide for economic development thereby enhancing the tax base of the City and the other taxing districts, and, add to the wealth and prosperity of the City and its citizens; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 511-1-1, et seq., (the "Code") as from time to time amended, and more specifically, Sec. 8-11-20 (the "Act"), the Corporate Authorities are empowered to enter into economic incentive agreements or redevelopment agreements relating to the development of property or improvements to properties within the City's corporate limits by which the City agrees to share or rebate a portion of any retailer's occupation taxes received by the City pursuant to the Illinois Retailers' Occupation Tax Act (35 ILCS 120/1 et seq.) (".1% Sales Tax") as a direct result of such development or redevelopment; and, WHEREAS, before entering into such agreement to share or rebate Sales Taxes, the City must find that the property subject to the proposed agreement, if developed, supports buildings which do not meet current codes or are underutilized and, further, that as a direct result of an agreement to rebate or abate sales taxes, the City will benefit through the retention or creation of jobs; experience a strengthening of the commercial environment within the City; provide for an enhancement of its tax base; and, the Project will serve as a catalyst for the commercial development of adjacent areas; and, 2 WHEREAS, the City is prepared to make such findings as required by the Act and such other incentives all as hereinafter set forth in order to induce Boombah to relocate its corporate headquarters to the City and to invest in the redevelopment of the City's Downtown District. 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 Economic Incentive Agreement and are hereby incorporated into and made a part hereof as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and Boombah. Section 2. Findings of the City pursuant to the Code. As authorized by the Act, the City hereby makes the following findings thereby authorizing the City to rebate a portion of the 1% Sales Tax collected by the City as provided by the Illinois Revenue Code, as set forth in Section 4 hereof- A. the Subject Property is currently improved with a structure of approximately 70,000 square feet, most of which is unoccupied and underutilized for at least one (1) year; B. the addition of a new business operation with no less than ninety (90) employees shall bring new employment opportunities to the City; C. that with the addition of a new business to the City and the occupation of an underutilized, substantially vacant commercial structure, development to adjacent areas is inevitable; D. that after weeks of negotiation, it is evident that without the incentives as hereinafter set forth, the redevelopment of the Subject Property would not be possible; and, 3 E. Boombah's ability to provide no less than ten percent (10%) of the equity required to undertake this acquisition and relocation demonstrates Boombah's creditworthiness and financial strength. Section 3. Boombah's Obligations to the City. A. On or before December 31, 2011, Boombah shall have acquired fee simple title to the Subject Property. B. On or before December 31, 2012, Boombah shall have relocated its business and its corporate headquarters and have begun the operation of its business and have certified to the City that it is employing a minimum of ninety(90) full-time employees at said location. C. Boombah covenants and agrees that throughout the term of this Economic Incentive Agreement, Boombah shall: (i) continue to operate its business and maintain its corporate headquarters at the Subject Property; (ii) continue to employ no less than ninety(90) full-time employees; and, (iii) pay all of its employees no less than ten dollars ($10.00) per hour as of 2012, increased by the consumer price index each year thereafter during the term of this Economic Incentive Agreement. Section 4. Obligations on the Part of the City to Boombah. A. Within ninety (90) days after the relocation of the corporate headquarters and commencement of the business operation of Boombah at the Subject Property, the City covenants and agrees to rename Wheaton Avenue to Boombah Boulevard. B. The City covenants and agrees that for a period of sixty (60) months (the "Initial Rebate Period") after the commencement of Boombah's business operation at the Subject Property (the "Commencement Date"), the City shall rebate to Boombah every three months thereafter from the Commencement Date (the "Quarterly Rebate") revenue distributed to the City from the Sales Tax imposed pursuant to the Illinois Revenue Code from Boombah's 4 business operation in excess of$20,000, it being understood that the City shall retain the first $20,000 generated from the 1% Sales Tax from Boombah's business operation each twelve (12) month period from the Commencement Date during the Initial Rebate Period. C. Commencing the first month after Initial Rebate Period, the City shall pay the Quarterly Rebate to Boombah an amount equal to fifty percent (50%) of the 1% Sales Tax distributed to the City from the operation of Boombah's business at the Subject Property, said Quarterly Rebate to be made to Boombah for a period of sixty(60) months (the "Second Rebate Period"). D. The City also covenants and agrees that commencing with the Second Rebate Period, the City shall, each twelve (12) month period during the term of this Economic Incentive Agreement, expend incremental real estate taxes available as a direct result of the application of the TIF Act to the Downtown District, an amount equal to the fifty percent (50%) of the 1% Sales Tax distributed to the City generated by Boombah's business operating at the Subject Property for public improvements to the Downtown District, on the following conditions: (i) funds are available within the Special Tax Allocation Fund as established by the Corporate Authorities for the Downtown District; (ii) Boombah or its assignee has invested in excess of five million dollars ($5,000,000) in the Downtown District; and, (iii) such expenditures by the City are "redevelopment project costs" as defined by the TIF Act. The City shall consult with Boombah to prioritize the public improvements to be undertaken by the City as a result of its adoption of the TIF Act as applicable to the Downtown Districts and agrees to prepare a budget for approval of such expenditures by the Corporate Authorities of the City based on the prior twelve month revenues from the 1% Sales Tax generated by Boombah's 5 business operating at the Subject Property, on or before each April 30 during the term of this Economic Incentive Agreement. E. The City has accelerated the payment of its obligations pursuant to that certain Development/Economic Incentive Agreement dated February 22, 2005 (the "Accelerated Payment"), by and between the City and Wesley Property Corp., which also pertained to the Subject Property. The City covenants and agrees that when the cumulative total of fifty percent (50%) of the 1% Sales Tax generated by any business operating at the Subject Property, other than Boombah, equals the Accelerated Payment, the City shall, each twelve (12) month period remaining during the term of this Economic Incentive Agreement, expend incremental real estate taxes available as a direct result of the application of the TIF Act to the Downtown District, an amount equal to the fifty percent (50%) of the 1% Sales Tax distributed to the City generated by any other business operating at the Subject Property (other than Boombah) for public improvements to the Downtown District, on the following conditions: (i) funds are available within the Special Tax Allocation Fund as established by the Corporate Authorities for the Downtown District; (ii) Boombah or its assignee has invested in excess of five million dollars ($5,000,000) in the Downtown District; and, (iii) such expenditures by the City are "redevelopment project costs" as defined by the TIF Act. The City shall consult with Boombah to prioritize the public improvements to be undertaken by the City as a result of its adoption of the TIF Act as applicable to the Downtown Districts and agrees to prepare a budget for approval of such expenditures by the Corporate Authorities of the City based on the prior twelve month revenues from the 1% Sales Tax on or before each April 30 during the term of this Economic Incentive Agreement. 6 Section 5. Term of this Economic Incentive Agreement This Economic Incentive Agreement shall commence upon its execution and, unless terminated earlier, pursuant to Section 12 hereof, shall terminate upon payment to Boombah of the Quarterly Rebate of the 1% Sales Tax for the last four months of the Second Rebate Period. Section 6. Mutual Agreements. (A) In order to calculate the amount of the each Quarterly Rebate of the 1% Sales Tax as hereinabove required to be paid to Boombah by the City, Boombah agrees to provide the City access to all data regarding sales and deposits of sales taxes with the Illinois Department of Revenue for all business operating at the Subject Property during the term of this Economic Incentive Agreement. The City and Boombah shall jointly exercise reasonable efforts to establish a system with the Illinois Department of Revenue to arrange for the receipt of such information. Additionally, Boombah shall provide or cause to be provided to the City appropriate completed Illinois Department of Revenue sales tax returns, letters of authorization to release sales tax, returns or powers of attorney to obtain the data reported thereon, from each business operating at the Subject Property. Failure to deliver or cause to be delivered, the necessary documentation to permit the City to access this information shall result in a waiver of the City's obligation to make any rebate to Boombah until such documentation is provided to the City. (B) Time is of the essence of this Economic Incentive Agreement; provided, however, a party shall not be deemed in material breach of this Economic Incentive Agreement with respect to any obligations arising from this Economic Incentive 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, civil disorder, severe weather conditions, wet soil conditions, 7 failure or interruptions of power, riots, insurrections, acts of terrorism, war, fuel shortages, accidents casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, or similar causes beyond the reasonable control of such party ("Force Majeure"). If one of the foregoing events occurs or either party claims that such an event occurred, the party to whom such claim is made shall investigate and consult with the party making such claim, 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 7. Boombah Indemnification. Boombah shall indemnify and hold harmless the City, its agents, officers and employees against all injuries, deaths, losses, damages, 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 the failure of Boombah, or any contractor, subcontractor, agent, or employee thereof(so long as such contractor, subcontractor, agent, or employee thereof is hired by Boombah) to timely pay any contractor, subcontractor, laborer, or materialman, from any default or breach of the terms of this Economic Incentive Agreement by Boombah; or from any negligence or reckless or willful misconduct of Boombah or any contractor, subcontractor, agent, or employee thereof(so long as such contractor, subcontractor or agent or employee is hired by Boombah). Boombah 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, Boombah shall have no obligation 8 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 9. Waiver. Any party to this Economic Incentive 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 Economic Incentive Agreement. Section 10. Severability. If any section, subsection, term, or provision of this 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 Economic Incentive 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 11. Notices. All notices, demands, requests, consents, approvals, or other instruments required or permitted by this Economic Incentive 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 (3r) 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: Boombah Boombah Blvd. Yorkville, Illinois 60560 9 With a copy to : To the City: Bart Olson, City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to: Kathleen Field Orr Kathleen Field Orr &Associates 53 West Jackson Boulevard Suite 935 Chicago, Illinois 60604 Section 12. Remedies—Liability. (A) If, in the City's judgment, Boombah is in material default of this Economic Incentive Agreement, the City shall provide Boombah with a written statement indicating any failure on Boombah's part to fulfill its obligations under this Economic Incentive Agreement. Except as required to protect against further damages, the City may not exercise any remedies against Boombah in connection with such failure until thirty (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such period shall be extended for such time as is reasonably necessary for the curing of the same, so long as Boombah 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 Economic Incentive Agreement. A default not cured as provided above shall constitute a breach of this Economic Incentive 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. 10 (B) If Boombah materially fails to fulfill its obligations under this Economic Incentive 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 Economic Incentive 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 Economic Incentive Agreement. (C) If prior to completion of Boombah's obligations pursuant to Section 3 hereof, any voluntary or involuntary petition or similar pleading under any section of any bankruptcy or insolvency act shall be filed by or against Boombah; or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Boombah insolvent or unable to pay Boombah's debts; or Boombah makes an assignment for the benefit of its creditors; or a trustee or receiver is appointed for Boombah or for the major part of Boombah's property; the City may elect, but is not required to, terminate this Economic Incentive Agreement with or without notice, to the extent permitted by law and enforceable under applicable federal bankruptcy laws. In order to terminate this Economic Incentive Agreement for any reason described in this sub- section (c), the City's sole obligation shall be to record a Certificate of Default with the Kendall County Recorder's Office, executed by the Mayor and the Mayor's designee, stating that this Economic Incentive Agreement is terminated pursuant to the provisions of this Section 17(c), in which event this Economic Incentive Agreement shall ipso facto automatically become null and void and of no further force and effect. (D) If, in Boombah's judgment, the City is in material default of this Economic Incentive Agreement, Boombah 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 Economic Incentive Agreement. Boombah may not exercise any remedies against the City in connection II with such failure until thirty (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City 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 Economic Incentive Agreement. Any failure or delay by Boombah in asserting any of its 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 any rights or remedies it may have as a result of such default or breach. (E) 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 Economic Incentive 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 for any claim under or upon any obligation contained in this Economic Incentive Agreement 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 pursuant to this Economic Incentive Agreement; and no liability, right, or claim at law or in equity shall be attached to or incurred by 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 Economic Incentive Agreement by the City. (F) The rights and remedies of the parties are cumulative and the exercise by a party of one or more such rights or remedies shall not preclude the exercise, at the same time or 12 different times, of any other rights or remedies for the same default or for any other default by the other party. Section 13. Amendment. This Economic Incentive Agreement, and any exhibits attached to this Economic Incentive Agreement, may be amended only in a writing signed by all parties with the adoption of any ordinance or resolution of the City approving the amendment, as provided by law, and by execution of the amendment by the parties or their successors in interest. Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, negotiations, and discussions relative to the Project. Section 14. Assignment. This Economic Incentive Agreement may not be assigned without the written consent of the City, which consent may not be unreasonably withheld. Section 15. Counterparts. This Economic Incentive 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. [SIGNATURE PAGE FOLLOWS] 13 IN WITNESS WHEREOF, the parties hereto have caused this 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 Boombah an Illinois Limited Liability Company By: Its President Attest: Secretary 14 c/Ty Reviewed By: Agenda Item Number ii J� a 0-0 Legal ❑ NB #4 II Finance ❑ EST. , � 1836 Engineer ❑ Tracking Number y City Administrator ■ Consultant ❑ EDC 2011-34 dal County El`E Agenda Item Summary Memo Title: Kendallwood Estates Bank Proposal and Impact Fee Changes Meeting and Date: EDC—09/06/2011 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion & direction Submitted by: Krysti Barksdale-Noble & Bart Olson Comm. Dev. / Administration Name Department Agenda Item Notes: D Cll o Memorandum EST. ,`Z I, �I I 1 1836 To: EDC {O L From: Krysti J. Barksdale-Noble, Community Development Director =0 CC: Bart Olson, City Administrator �aA c,�,I y < E � Date: September 1,2011 L Subject: Kendallwood Estates Development Proposal Background: As the Economic Development Committee (EDC) may or may not recall, the Kendallwood Estates property was annexed into the City in 1978 with R-2 zoning. The development plan approved 83 single-family lots on approximately 50-acres of land just south of Van Emmon Road and east of Route 47 in downtown Yorkville. The Final Subdivision Plat for Kendallwood Estates was approved by the City Council and recorded in December 2007 with a portion of the development included in the 2006 Downtown Yorkville Tax Increment Finance (TIF) Redevelopment Project and Plan area. Although infrastructure such as streets, stormwater management basins, water mains and other utilities were subsequently constructed in this development,no homes were ever built. In June 2009, the then property-owner, Kendall Land Development, LLC,requested to rezone the property from R-2 to PUD to allow for a mix of residential product including single family detached and duplex units. The PUD request did go through Plan Commission public hearing, Park Board and Green Committee review, and EDC consideration; however, the application for Preliminary PUD Plan and Final Plat has been on hold since October 2009 pending additional information from the developer. Since that time, Staff has learned that the property was foreclosed upon and is currently in the possession of Castle Bank. Current Proposal and Staff Comments/Recommendations: Several months ago, City Staff was approached by Castle Bank and its development consultant to discuss an "entrepreneurial development plan" for Kendallwood Estates to attract qualified builders/developers and quickly return the property to the market place. As part of that proposal, Castle Bank is proposing to move forward with the originally approved 83-lot single-family development and requesting consideration of several concessions as detailed in the attached letter prepared by Art C. Zwemke, Consultant. For the purposes of this month's EDC meeting, Staff proposes to address the requests related to letter of credit,tree preservation/replacement, impact and permit fee reductions. Letter of Credit Reductions To ensure the completion of improvements so that occupancy of dwelling units can occur,it is the City's policy to require a letter of credit (LOC) at 110% of the amount estimated by the developer and approved by the City needed to complete the obligatory work. As work is completed to the satisfaction of the City, a reduction in the initial LOC equivalent to the estimated cost of the improvement, but the overall LOC cannot be reduced below fifteen percent (15%) of the approved engineer's estimate for project completion prior to acceptance or release. Currently, Castle Bank has two (2) Letters of Credit established with the City for the Kendallwood Estates development (refer to attached spreadsheet). The first LOC (#3000221071-901) covers work related to roadway, watermain, sanitary sewer, storm sewer, landscaping, etc... with an approved engineer's estimate of$3,745,621.00. The second LOC (#3000221071-900) has an approved engineer's estimate of$929,626.00 for earthwork improvements. The bank is requesting a total LOC reduction of$338,797. This request consists of a partial reduction in the first LOC by $158,820 relating to roadway, sanitary sewer, watermain and landscaping improvements; and a full release of the remaining$179,977 LOC related to completed earthwork. In May 2011, City engineering staff did an analysis of the outstanding punch list items for Kendallwood Estates to document the current state of infrastructure improvements within the development. Although none of the infrastructure improvements and build-out on the property was sufficient to warrant consideration of final acceptance/approval at that time, it has been noted that work related to paving, erosion control and landscaping was completed and subsequent reductions made. Staff is confident that reasonable reductions can be made to the current Letters of Credit for completed infrastructure for the development, particularly for earthwork, upon verification of completion by the City's engineering consultant. Tree Preservation/Replacement Reductions Of the amount requested for LOC reduction, approximately $81,000 is requested reductions related to landscaping/tree preservation requirements. The bank contends that a reduction or "scaling- back" in the required tree preservation and replacement provisions for the development is not only prudent to address the financial aspects of marketing the property for sale, but also is appropriate due to the property's already densely wooded character. At the time of development approval of Kendallwood Estates, the City's current landscape ordinance and required tree replacement schedule adopted in 2008 was not in effect. However, as part of Staff's analysis some of the same tree preservation/placement requirements later adopted in the 2008 Landscape Ordinance were applied to the Kendallwood Estates development. According to the attached landscape plan analysis prepared by the bank's consultant, approximately $596,000 is budgeted for landscape improvements representing $7,185 per residential lot. Further, the bank states there is an "excess" of on-site tree requirements for the development than what is required by Ordinance. The City's current Landscape Ordinance requires developments to provide one(1)parkway tree per home for interior lots and three (3) trees for corner lots. However, the Kendallwood Estates plan provides for two (2) parkway trees for all interior lots and five (5) for all corner lots. In this instance, the 83-lot development with 12 corner lots has an"excess"of 95 trees or a budget"surplus"of$43,700.00, according to the bank. Although Staff is cognizant of the increased expense related to adherence of the current landscape plan, it should be noted that some trees marked for preservation were removed during utility construction on the site which will need to be compensated. We are also aware that due to the constraints of the site, replacement tree installation may not be feasible. Therefore, Staff recommends the utilization of the City's Tree Bank policy, whereby the developer reduces the cost of tree planting and/or installation by donating trees to the Cityfor plan ting elsewhere. Impact&Permit Fee Reductions The current schedule of impact fees and permit fees for the Kendallwood Estates development has been attached for your reference. Note that since the property was annexed prior to Ordinance 1990- 24, development fees such as municipal building,public works, engineering, etc. are not applicable to this development. However, Castle Bank is seeking reductions in building permit fees,utility connections fees and land-cash donation fees. It is Staff's position that a global approach to reducing these fees citywide would be more appropriate, rather than on a development-by-development basis. Therefore, an analysis of these fees and proposed reductions will be discussed under a separate agenda item. Representatives for Castle Bank will be available at Tuesday night's meeting to answer any questions of the EDC members. i DRAFT Re: Yorkville — Kendallwood Estates Considerations and Proposal Thank you and your team for all the information that you have provided to date. It has helped us to benchmark the current status of the development, evaluate its dynamics with the current and future housing market and propose a program that we hope will be supported by the United City of Yorkville (UCOY). As you are aware, the 50.67 acre site has been subdivided into 83 single family home sites (a density of 1.63 homes per acre) that have been substantially completed and are currently accessible only from Van Emmons Road. No building permits have been issued to date. An easement has been obtained from the former owners of the adjacent 12.33 acre Woodstone of Yorkville commercial development that provides for an emergency access road to/from Route 126 and the extension of an 8" and 12" water main westerly along Route 126. In order to quickly return this property to the market place, we need to create a clear, concise and accurate due diligence package to help attract a qualified builder/developer. With so many properties available, we need to eliminate or at least minimize as many obstacles that could delay or prevent the build out of Kendallwood Estates. We seek your support and cooperation regarding the following items: A. On Site Improvements 1. We received two (2) letters from Joe Wyrot. Our response is as follows: a. Exhibit 1 is a copy of a letter that relates to NPDES Permit matters. As you are aware, Kendallwood Estates has significant topography that is influenced by nearby creeks. We plan to hire a subcontractor and incur costs of $40,000+/- to address the items 1 i i in this letter so that we stay in good standing with the UCOY, Kendall County and the State of Illinois. We should have these items completed by September 30, 2011, weather permitting. There is an outstanding letter of credit in the amount of $179,977 related to these erosion control matters that we will seek to reduce upon completion of these items. b. Exhibit 2 is a Punchlist letter that is related to public improvements to be completed in the ordinary course of development. We are generally in agreement with these items and we are working on an estimated cost to complete that we believe is sufficiently covered by outstanding letter of credit of $1,857,386 for public improvements. 2. Pete Huinker of H.R Green has met on site on July 7, 2011 with Brad Sanderson of EEI to bring Brad up to speed. B. Off-Site Improvements 1. Public access to Route 126 is essential for the successful marketing of Kendallwood Estates. In this regard, please note the following: a. The original development contemplated access to Route 126 via an appendage at the southeast corner of the property. b. This original plan was commented upon in a Traffic Study dated October 5, 2005 (Exhibit 3) that called for a left turn lane on Route 126 for eastbound traffic. The cost of this type of improvement is $600,000+/-. c. It appears that the proposed Woodstone of Yorkville commercial development was being processed soon thereafter and a new access to Route 126 through this commercial development was envisioned for Kendallwood Estates to eventually align with the Route 126/Wooden Bridge intersection. A second Traffic Study dated September 21, 2006 (Exhibit 4) analyzed and projected the substantial traffic forecasted by the Woodstone of Yorkville commercial development and included the relatively nominal traffic forecasted for Kendallwood Estates. This second Traffic 2 Study recommended a fully improvement intersection with two (2) additional right-in, right-out curb cuts (estimated at $719,000 per Exhibit 5) with required traffic signals (estimated at an additional $200,000). d. Due to the weak economy in general and the poor development climate for both residential and commercial sectors, the Woodstone of Yorkville commercial development (that is in foreclosure) may be several years away along with these recommended extensive and expensive full, signalized intersection improvements. e. Accordingly, we propose to use the easement granted to Kendallwood Estates for the emergency access road and instead build a permanent road thereon through the Woodstone of Yorkville commercial property. This would be accompanied by a right-in, right-out only access on Route 126. The combined cost of this improvement is estimated at $225,000. f. This proposed plan would provide the needed public access to successfully market Kendallwood Estates. 2. When the Woodstone of Yorkville commercial property is developed, the full intersection improvements with the traffic signals would be made when warranted by the commercial developer.2.The original developer extended water mains along Van Emmons Road and throughout the Kendallwood Estates development. There is an 8" high pressure water line that serves 62 lots (lot 3 - lot 64) and a 12" low pressure water line that serves 21 lots (lot 65 - lot 83 and lots 1 & 2). There is a substantial off site water main extension to address as follows: a. Per Exhibit 6, these two (2) lines are to be extended along Route 126 with the 8" water line to extend under Route 126 and terminate on the east side of Deer Street and the 12" water line to extend to west side of Mill Street to complete a loop. b. The engineers' estimate for this improvement is $503,492 per Exhibit 7, a prohibitive amount, if required for the development to resta rt. 3 c. It is our engineers' opinion that Kendallwood Estates could safely build out 60 +/- homes without this water main extension. d. Accordingly, we propose that an escrow, held by the UCOY, be created that would receive $10,000+/- from the first fifty (50) home closings to fund this off site improvement. This program would greatly enhance the marketability of the site as the substantial upfront cost would be avoided. C. Tree Preservation and Replacement 1. Kendallwood Estates is a heavily wooded property and extreme care is apparent with respect to the preservation of trees as evidenced by the 1.63 homes per acre density. (Typically, 80' x 150' lots yield nearly 2.00 homes per acre). We need to have a written affirmation concerning tree preservation and replacement from UCOY for our due diligence package based upon the following considerations: a. Exhibit 8 is a copy of the August 14, 2007 Final Landscape Plan that highlights a distinction between 20" or greater caliper trees on certain lots that were to remain and 20" or greater caliper trees that were to be removed on certain lots. b. Exhibit 9 is a copy of Ordinance 2009-42, dated August 25, 2009 that provides for Tree Replacement Standards for these 20" or greater caliper trees of 5 replacement trees for a removed tree (6 if greater than 30"), if that tree was approved for removal and 10 replacement trees, if any tree has been identified for preservation 912, if greater than 30"). c. This subsequent ordinance also provides a Credit for Existing Preservation of 2-6 trees, depending upon size that would offset trees that were removed. d. That said, it is our opinion that the property value is greatly enhanced by the abundance of trees on the property and that care will inherently be maintained to preserve trees on lots wherever possible. 4 e. Also, our review of the Final Landscape Plan and a walk through of the Kendallwood Estates site clearly indicates that this development would easily qualify for a substantial amount of Credits for Existing Preservation. 2. Based upon the inherent desire to preserve trees and the abundant existing vegetation, we request a waiver from providing any replacement trees that are removed or damaged as a result of construction of a new home. D. Fees and Donations 1. The housing depression that started in 2006 has resulted in a 90% decrease in new home sales in the Chicago market and a decrease in median home prices is greater than 30%. 2. Material and labor costs have softened nominally and many properties have been written down to farm land prices. These reductions however are still not sufficient as fees and donations originally established for homes selling in the $450,000 to $600,000 range, as was anticipated for Kendallwood Estates cannot be absorbed by homes selling in the $250,000 to $350,000 range. We ask for your consideration for the following fee and donation adjustments: a. Land Cash Rate per Acre 1) The land/cash donation is $3,787.50 per home for parks and $6,035.36 per home for schools based upon the appropriate population projections applied to a rate of $101,000 per acre of land. In light of the real estate depression, we propose a reduction to $20,200 per acre of land that would result in a land/cash donation of $757.50 per home for parks and $1,207.07 per home for schools. 2) The School District is also owed a $3,000 per home Transition Fee that to our knowledge has not been shown to be uniquely attributable and therefore as required by state statute. 5 3) We would appreciate your help with respect to lowering these park and school fees and delaying payment until the home closes. b. Sanitary District 1) The Annexation Fee (AF) and Interceptor Participation Fee (IPF) were not paid to the Yorkville Bristol Sanitary District (YBSD) as was typical when the plat was recorded. Please note the following considerations. 2) At the time of the recording of the plat, we believe that the rate was $2,500 per acre for the (AF), a lump sum total of $126,675, or $1,526 per home that is now $4,228 per acre, a lump sum, a total of $214,233, or $2,581 per home. 3) Also, at that time, the IPF was $3,225 per acre, a lump sum total of $163.411, or $1,969 per home that is now also $4,228 per acre, a lump sum total of $214,233, or $2,581 per home. 4) The YBSD has a $1,400 per home Connection Fee that would total $116,200. 5) Combined, under the current rates, the YBSD is owed $544,666, or $6,562 per home. 6) We would appreciate your help with respect to lowering these sanitary district fees and delaying payments until the home closes c. UCOY 1) The UCOY controls the rates for Water and Sewer Connection Fees that were $2,660 per home and $2,000 per home respectively when the property was platted and are currently $3,700 per home and $2,000 per home, respectively. We would appreciate any reduction in the amounts and a delay in payment until the home closes. 2) Your records indicate that Kendallwood Estates is exempt from the $2,800 per home Development Fee, the $2,000 per home Road Contribution Fund and the $1,000 per home Kendall County Road Fund. Please confirm these exemptions 6 i As can be seen, our proposals seek to reduce and/or delay large e u front p development costs as well as reduce and/or delay fees, where possible in order to attract a qualified builder/developer to start the build out Kendallwood Estates in a continuing soft housing market. We believe that the sound of hammers building new homes will provide a greater confidence to the market and create momentum. We would be pleased to meet with you and your team during the week of July 25 to discuss these items further. Please call me at 630-207-8793 with some dates and times. Thank you for your time and consideration. Sincerely, Arthur C. Zwemke Consultant CC: Stan Free, Castle Bank Doug Groebner, Castle Bank Pete Huinker, H. R. Green Dan Kramer, Attorney at Law Brad Sanderson, EEI Zccbykecp5 Zwemke Consulting zccbykerlocj2 Castle Bank-Yorkville Kendallwood Estates Reconciliation of LOC Prepared 08/03/2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 110.00% Letter Of Amount Percent Proofed Wyrot/ Over WyroU Prposed SEC Group Difference Approved Original Credit Complete Amount Current Current 110.00% 15.00% Current HR Green (Under) HR Green Letter Of Engineers Engineers Engineers Letter Of Percentage Prior To Prior To Amount Of Drawn by Letter Of Letter Of Costs to Costs to Amount Letter Of Costs to Costs to Costs to Credit LOC# 3000221071-901 Estimate Estimate Estimate Credit Difference Difference Reduction#2 Reduction#2 Reduction#2 Contractor Credit Credit Complete Complete Complete Credit Complete Complete Complete Reduction --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1 Roadway $754,301 $0 $754,301 $829,732 $75,430 10.00% $418,985 $432,365 $418,985 55.55% $321,936 $354,130 $64,855 $418,985 $182,613 $139,323 $200,874 -$218,111 2 Watermain $409,887 -$6,823 $403,065 $443,371 $40,306 10.00% $60,460 $403,065 $60,460 15.00% $0 $0 $60,460 $60,460 $6,750 -$6,750 $7,425 -$53,035 3 Sanitary Sewer $491,390 $0 $491,390 $540,528 $49,139 10.00% $73,708 $491,390 $73,708 15.00% $0 $0 $73,708 $73,708 $51,734 -$51,734 $56,907 -$16,801 4 Storm Sewer $0 $0 $0 $400,138 $400,138 0.00% $0 $0 $0 0.00% $0 $0 $0 $0 $77,859 -$77,859 $85,645 $85,645 5 Miscellaneous $570,420 $0 $570,420 $627,462 $57,042 10.00% $153,650 $498,750 $153,650 26.94% $71,670 $78,837 $74,813 $153,650 $343,985 -$272,315 $378,384 $224,734 6 Van Emmons Watermain $370,376 $0 $370,376 $407,414 $37,038 10.00% $407,414 $370,376 $351,857 $55,556 15.00% $0 $0 $55,556 $55,556 $16,235 -$16,235 $17,859 -$37,698 7 Rte 126 Watermains $559,685 $0 $559,685 $615,632 $55,947 10.00% $615,632 $0 $615,632 110.00% $559,685 $615,654 $0 $615,654 $503,493 $56,192 $553,842 -$61,811 8 Landscaping $559,665 $36,719 $596,384 $656,023 $59,638 10.00% $490,026 $174,733 $490,026 82.17% $421,651 $463,816 $26,210 $490,026 $371,166 $50,485 $408,283 -$81,743 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 9 Subtotals $3,715,724 $29,897 $3,745,621 $4,520,299 $774,678 20.68% $2,219,874 $2,370,679 $351,857 $1,868,016 49.87% $1,374,942 $1,512,437 $355,602 $1,868,038 $1,553,835 -$178,893 $1,709,219 -$158,820 LOC# 3000221071-900 ----------------------------------------------------- 10 Earthwork $929,626 $0 $929,626 $1,022,589 $92,963 10.00% $842,611 $179,977 19.36% $36,849 $40,534 $139,444 $179,977 $0 $36,849 $0 -$179,977 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Grand Totals $4,645,350 $29,897 $4,675,247 $5,542,887 $867,640 18.56% $2,219,874 $2,370,679 $351,857 $842,611 $2,047,994 43.81% $1,411,791 $1,552,970 $495,046 $2,048,016 $1,553,835 -$142,044 $1,709,219 -$338,797 --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- Italics Amounts are Implied based upon the Original and Current Amounts of Letter of Credit Kendallwood Estates - Yorkville,IL Rough Estimate of Remaining Landscape to be Completed July 26,2011 ESTIMATED ESTIMATED COST OF PLANT QUANTITY OF PLANT MATERIAL REMAINING TO MATERIAL ORIGINAL AMOUNT BE INSTALLED-PER REMAINING TO BE PER APPROVED APPROVED PLANS DATED 8- QTY PER APPROVED PLAN INSTALLED PLAN 14-2007 SHADE TREES 500 424 $230,000.00 $195,040.00 ORNAMENTAL TREES 234 188 $81,900.00 $65,800.00 EVERGREEN TREES 108 61 $45,360.00 $25,620.00 EVERGREEN SHRUBS 8 8 $960.00 $960.00 DECIDUOUS SHRUBS 1097 1097 $35,104.00 $35,104.00 GROUNDCOVER, PER.,VINES 340 340 $1,526.00 $1,526.00 ORNAMENTAL GRASSES 28 28 $266.00 $266.00 2315 TOTALS 2146 $324,316.00 MISCELLANEOUS MATERIALS 133,500 SF 133500 Seed(parkway only) $13,350.00 $13,350.00 300 CY 300 Shredded Bark Mulch $13,500.00 $13,500.00 164.583 SF 0 Detention Basin Mix $65,833.20 $0.00 177,170 SF 0 Erosion Control Mix for Medium Soils w/Blanket $88,585.00 $0.00 1 LS 1 Monument Signage $20,000.00 $20,000.00 $596,384.20 $371,166.00 FS 1 1 up� i tp.2 j� 11 L,_J SF,C Planning (p1 `y cxceb t � FS((e:(an m (! 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Ln(�` f e DaL,NUI�„AAA uj GCy^ 1 •iM,O.non �+en,onl..Mn.rvw e \\ `\ \ - MxN NrAI raCfA AC, ' � 1` 1 M �. , f�su Il j�e xAtlf..f` C•l'_�/ L i.X fir ,\ l.�F 2 )7 5\'\ 4.�i,uaT�) 1 - L f.G!�6i CI I`^ J 11' 5v1ri• M.++n••a'La. :� '� lqq 1`VYAI '� u. Y! l.rry,.i v ..Mr Rat � x iRAA 0. - w .. " W w n N4 W3N RA MiLV11tN RALI NM--.--- :• -•^w• •• LC7�— t•'t. Q. O LOT 0 .n... � till T _ u�x»a { �•• P4 ANR bet � f, � la tbe .aa y L Jaw ''• �0 ,cu o Y +� , ,.�` � I � A) L— stau tr�,.,eRaMEesauvMWA `./ / (Jj�yy}y a ACFe r1 Q LOT dfl I ,. ��•n•-••� V 4.ELM!N.R:!cS4h#IAI�=S4K..1t'N�•S4 / C42' � � Ir1 � {'f — '��! awe Qo� TREE REPLACEMENTTABLE /•oQ�' "'w 07M .« �uf.,,r ce�„eu,� oNra � rx. /� �o %• If�'ix5 � � f � + s,+aTa n' Tu M //10/s � J( , I�.,Lrr.eo„xt wEal eraa.nN,p ae. ) �` I••.L.m�• -KDLL 050271 Kend±allwood Estates- Yorkville, IL Estimate of Probable Cost Revised August 14, 2007 QTY. BOTANICAL NAME COMMON NAME SIZE UNIT SUBTOTAL SHADE TREES 49 ACAB Acer rubrum 'Autumn Blaze Autumn Blaze Red Maple 2.5"cal. $460.00 $22,540.00 64 ACEL Acer platanoides 'Emerald Lustre' Emerald Lustre Maple 2.5"cal. $460.00 $29,440.00 25 ACGM Acer saccharum 'Green Mountain Green Mountain Sugar Maple 2.5"cal. $460.00 $11,500.00 21 ACRU Acer rubrum 'October Glory' October Glory Red Maple 2.5"cal. $460.00 $9,660.00 26 BENI Ulmus 'Frontier' Frontier Elm 2.5"cal. $460.00 $11,960.00 90 FRAA Ulmus x Homestead Homestead Elm 2.5"cal. $460.00 $41,400.00 46 GLSK Gleditsia triacanthos 'Skyline' Skyline Honeylocust 2.5"cal. $460.00 $21,160.00 50 QUBI Quercus bicolor Swamp White Oak 2.5"cal. $460.00 $23,000.00 58 QURU Quercus rubra Red Oak 2.5"cal. $460.00 $26,680.00 71 TIGR Tilia cordata 'Greenspire' je Greenspire Littlel of Linden 2.5"cal. $460.00 $32,660.00 `0 AINTAL TREES 'I 36 ALGL Alnus glutinos v European Bla k Alder 6'ht. $350.00 $12,600.00 107 AMGR Amelanchier canadensis Shadblow Serviceberry 6'ht. $350.00 $37,450.00 22 CECA Cercis canadensis Eastern Redbud 6'ht. $350.00 $7,700.00 28 MAFL Malus floribunda Japanese Flowering Crab 6'ht. $350.00 $9,800.00 --44»-�.- RE �Sy�nga reticulata � /° J�n�e Tree Lil� 6'ht. $350.00 $14,350.00 XEUEENVT%RXES 46 PIAB Picea abies Norway Spruce 8'ht. $420.00 $19,320.00 27 PICO Picea pungens Colorado Spruce 8'ht. $420.00 $11,340.00 35 PINT P+inys nigra ,. Austrian Pine 8'ht. $420.00 $14,700.00 EVER EE SHRUBS 8 THTE Thuja occidentalis 'Techny' Mission Arborvitae 48" $120.00 $960.00 DECIDUOUS SHRUBS 190 COCA Cornus sericea 'Cardinal' Cardinal Redtwig Dogwood 24" $32.00 $6,080.00 131 COPC Cotoneaster acutifolia Peking Cotoneaster 24" $32.00 $4,192.00 257 EUAC Euonymus alatus Standard Winged Euonymus 24" $32.00 $8,224.00 110 FONS Forsythia intermedia 'Northern Sun' Northern Sun Forsythia 24" $32.00 $3,520.00 120 HAVI Hamamelis virginiana Common Witchhazel 24" $32.00 $3,840.00 178 RHGL Rhus aromatica 'Gro-low' Grow-low Sumac 24" $32.00 $5,696.00 14 VICC Viburnum carlesii 'Compactum' Chicago Lustre Viburnum 24" $32.00 $448.00 II VICL Viburnum dentatum 'Chi go Lustre' Mohican Wayf ringtree 24" $32.00 $3,104.00 O OROUNDCOVER. OERENNIALS AND 1NES 240 EUFC Euonymus fortunei coloratus Purple Wintercreeper 1 Qt. $2.40 $576.00 100 HEWC Hemerocallis "Little Wine Cup' Stella deOro Daylily 1 gal. $9.50 $950.00 ORNAMENTAL GRASSES 18 CAOV Calamagrostis acutiflora 'Overdam' White Feather Reed Grass 1 gal. $9.50 $171.00 10 PEHA Pennisetum alopecuroides 'Hameln' Fountain Grass 1 gal. $9.50 $95.00 MISCELLANEOUS CONSTRUCTION MATERIALS 133,500 SF Seed (parkway only) /SF $0.10 $13,350.00 300 CY Shredded Bark Mulch /CY $45.00 $13,500.00 164,583 SF Detention Basin Mix /SF $0.40 $65,833.20 177,170 SF Erosion Control Mix for Medium Soils w/Blanket /SF $0.50 $88,585.00 1 LS Monument Signage ALLOW $20,000.00 TOTAL $596,384.20 Kendallwood Estates FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Ordinance 2002-04 amended amount to$3,000 per unit Ordinance 2000-11 Section 4 states fee affects"any residential unit platted after the effective date of the original Ordinance assessing a school transition fee (Ord.1993-24) Separate Yorkville-Bristol Sanitary District fee- made payable to Y.B.S.D. $1,400 United City of Yorkville Fees 1. Building Permit Cost$650 plus$0.20 per square foot $650 + $0.20(SF) Ordinance 2002-05 applies to any building activity 2. Water Connection Fees $3,700 Ordinance 2005-40 applies at time of connection 3. Water Meter Cost $390 Ordinance 1974-69 applies at time of installation 4. City Sewer Connection Fees $2,000 Ordinance 1996-11 applies at time of connection 5. Water and Sewer Inspection Fee $25 Resolution 1994-04 applies at time of building permit application 6. Public Walks/Driveway Inspection Fee $35 Ordinance 2003-67 applies at time of building permit application 7. Development Fees N/A Note: Development Fees are not applicable due to property annexing prior to adoption of Ord. 1990-24 and subsequent amendments Ordinance 1990-24 establishes fees to be negotiated at the time of annexation 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N/A N/A N/A $3,788.11 School N/A N/A N/A $6,035.36 Land-Cash Fees Total $0.00 $0.00 $0.00 $9,823.47 Ordinance 1996-03,and subsequent amendments 2003-12,2004-22,2005-37 and 2006-91 applies at time final plat of subdivision. 9. Road Contribution N/A Note: Road Contribution is not applicable due to property annexing prior to adoption of Resolution 2006-87 Policy attached to Resolution 2006-87 states the fee is required in all annexation agreements-the annexation agreement was approved in September 1978 and prior to this resolution. 10. Weather Warning Siren Fee N/A Note: Weather Warning Siren Fee is not applicable due to property annexing prior to adoption of Resolution 02-36 Policy attached to Resolution 2002-36 states the fee is required for all"future territory annexed"-the annexation was approved prior to 2002. .��0 Co.y o Memorandum To: Economic Development Committee EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u p Date: August 30, 2011 CountY Seat Subject: Impact Fee changes �At 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 41,200, 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. c/Ty Reviewed By: Agenda Item Number ii J� a 0-0 Legal ❑ NB #5 II Finance ❑ EST. , � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ EDC 2011-35 dal County El`E Agenda Item Summary Memo Title: Tourism—Baseball Tournaments & Conventions at Local Hotels Meeting and Date: EDC— September 6, 2011 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: C/py Reviewed By: Jam : 0 Legal El Agenda Item Number ° Finance ❑ NB #6 EST. , 1836 Engineer ❑ City Administrator 0 4 y Human Resources El Tracking Number �� Community Development ❑ K-" 11C°"My 1' Police ❑ EDC 2011-36 <LE Public Works ❑ Agenda Item Summary Memo Title: Annexation of properties, pursuant to 7-1-13 of the Illinois Municipal Code Meeting and Date: Economic Development— September 6, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: .��0 Co.y o Memorandum " To: City Council EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u " p Date: September 2, 2011 Count�Y Seat Subject: Annexation of certain properties Summary Discussion of annexation of certain unincorporated properties that are wholly bounded by the United City of Yorkville. Background Attached are two maps of areas in Yorkville which are unincorporated but wholly surrounded by properties in City limits. The annexation of these properties would result in increased sales tax and property tax revenue to the City. While some of the properties are vacant, and would result in minimal new revenues, others have operating businesses on them. A spreadsheet of estimated revenues is attached. From a service delivery perspective, an unincorporated island in the middle of an incorporated area results in an inefficient and inequitable delivery of government services. If one of the subject businesses along Veteran's Parkway or residences along McHugh Road were the subject of a criminal act, Yorkville police would likely be the first to respond. In the case of the residences along McHugh Road, the segment of McHugh Road is not technically in City limits. Either the County or Township is plowing that small section of road(inefficient), or the City is plowing it on their way to do the rest of McHugh Road(inequitable). Annexation of these properties would clear up the inefficient and/or inequitable service delivered to this area. From a property maintenance standard, the property along Bridge Street,just south of the Sunset Motel, had weeds in excess of 8" for a long stretch in the summer, and currently has an illegal sign on it (per City standards). If this property were annexed, we could apply our property maintenance standards to it. Process Under Section 7-1-13 of the Illinois municipal code, properties less than 60 acres that are wholly bounded by a municipality may be annexed into the municipality by doing the following. If recommended by the Committee and sent to City Council, the staff would begin by publishing a public notice of intent to annex(item#2), and begin notifying the property owners and governmental entities effected. 1. A municipality may annex, without the consent of the owner, territory that is less than 60 acres in size and that is wholly bounded by one or more municipalities. In addition to municipal boundaries certain other features such as being adjacent to State property or property of a forest preserve or park district can also be considered as wholly bounded. 2. Prior to considering an ordinance annexing the territory, notice of the proposed annexation must be published at least once not less than 10 days before passage of the annexation ordinance. 3. Certified mail notice must also be given not less than 15 days before the passage of the annexation ordinance to all taxpayers of record in the territory to be annexed. 4. Depending on the location of the territory, notice may also have to be given to the Township not less than 10 days before the passage of the annexation ordinance. 5. The County where the territory is located must also be given 10 days notice before the passage of the annexation ordinance. 6. The 10 day notice should also be sent to fire protection and library districts that exercise jurisdiction over any portion of the territory to be annexed. 7. Once notice is given, no other municipality may annex the territory for a period of 60 days from the date of the notice mailed to the taxpayers of record subject to certain limited exceptions 8. Within 90 days after the approval of the ordinance annexing the territory, the ordinance together with an accurate map of the territory(prepared by a surveyor or municipal engineer) must be filed with the office of the county recorder Estimate of Estimate of Add'I City property Will this property sales tax-1% sales tax 1%to Parcel# Common Name Acres EAV-2010 tax year tax generate sales tax? to GF sewer 02-28-177-006 Home improvement store 0.98 $ 336,469 $ 3,028 Yes $ 20,000 $ 20,000 02-28-176-007 Farmland 4.55 $ 6,121 $ 55 Not yet $ - $ - 02-28-176-016 Farmland 6 $ 52,349 $ 471 Not yet $ - $ - 02-28-251-001 Farmland 9.7 $ 2,940 $ 26 Not yet $ - $ - 02-28-226-003 Farmland 5.6 $ 1,550 $ 14 Not yet $ - $ - 02-28-282-002 Car dealership and apts 2.3 $ 297,264 $ 2,675 Yes $ 6,000 $ 6,000 02-28-252-009 Playground equip company 0.58 $ 99,768 $ 898 Yes $ - $ - 02-28-252-010 Apts 0.98 $ 158,287 $ 1,425 No $ - $ - 02-28-252-016 Residential-vacant 0.62 $ 30,168 $ 272 No $ - $ - 02-28-252-015 Residential-vacant 2 2.09 $ 88,326 $ 795 No $ - $ - 02-28-252-011 Residence 0.46 $ 30,168 $ 272 No $ - $ - 02-28-252-005 Residence 0.69 $ 63,708 $ 573 No $ - $ - 02-28-252-006 Residence 0.34 $ 34,157 $ 307 No $ - $ - 02-28-252-007 Residence 0.4 $ 49,952 $ 450 No $ - $ - 02-28-252-008 Residence 0.4 $ 43,655 $ 393 No $ - $ - 02-28-253-002 Residence 0.84 $ 66,242 $ 596 No $ - $ - 02-28-402-003 Residence 1.03 $ 103,180 $ 929 No $ - $ - 02-28-402-002 Residence 1 $ 29,554 $ 266 No $ - $ - Totals 38.56 $ 13,445 $ 26,000 $ 26,000 Mulhern-Ct� n W-C-ountryside-Pkwy yo F ti 0 FFT-� E-Countryside-Pkwy 47 0 W-Veterans-pkwy y m � � ED E-Veter-ans-P Y 34 FM Z Q M O ® ® 16 L-andmark-p,�e Ia � 0 Hea �J LL b.- ve Q Her'tage Dr Q �� Haiey_Ct ,� � n Q ❑ � � C' C2o p Q 3m ■ ❑ �� b Walnut St Q Q y fl Q grrowhl 0 1❑ Q 4 Jackson St Q Q m a p d Q Victoria qve. 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The United City of Yorkville makes no `�VVV► warranties,expressed or implied,to the use of the Data. s ry N Q 1�L�m a ry t a C 33W 00 4 1-3 0V8 e teara'n 10 2s 0-5 P k? ry❑ 20q c :C 34M� E- Vetearan^s P ry k 304 q -4 128 113_ 126 n 124 122 20 Leisue-S Eil ( 47 E7 ------------------------------------------------ SD8 ,N N m w y�I ------_ — H N_ N — L Null T °{� ppp 00 Pleasure-Dr LLL u I Nz 1zo1 N E�:] N En rr---� Ell Ct3 �v,—� F ' 120 C� !��I, I 11 8 1010 `� i u J-1 H 1U� � L•74 ndmark qve 1165 6eorgeanna St � 1D 11ss g11"4 r- �-R� r-g�, V1�3 Z' N I a > 101 j p d 1008 112 F 00 � 0)11".3 958 y 100 ------, 10 a/ton Ave I 10 os % szo -- Walnut-St Cry? 807 I I;° W It 805 9,10� 803 IL1I _n Ir_N_J� CO ,�C� L ILLJJh y� Jackson St ma a 75 3 Appletree-C-t 7r4 8 4 o4 a B 11 2 mQ �fQ o�"� 7jZ > 0 j n •L Co� 7, '746 ( m rob Elm-St 71 701 E �@ 10 row 0 609 702 CN] E-Park-St ] ^ I-o� 668 L°J l o_I I F En L'J 07 6D6 0 ti. �1 LT EV 606 ,6U y N M ° r-m-� V au 12 LLJJJ :9 J 60 603 United City The Data is provided without warranty or any representation of N y of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the �Px Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and w e Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. s