Loading...
Ordinance 2013-28 I I I I I UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO , 2013-28 i I i AN ORDINANCE DESIGNATING THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS , DOWNTOWN YORKVILLE BUSINESS DEVELOPMENT DISTRICT AND IMPOSING A RETAILERS ' SERVICE AND OCCUPATION TAX THEREIN I I I i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 16"' day of May, 2013 i i i Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on May 17, 2013 . I i i I Ordinance No. 2013 - 0Q i AN ORDINANCE DESIGNATING THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, DOWNTOWN YORKVILLE BUSINESS DEVELOPMENT DISTRICT AND IMPOSING A RETAILERS ' SERVICE AND OCCUPATION TAX THEREIN BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : Section 1 . Ordinance No . 2013 -01 passed by the Mayor and City Council on the 8 "' day of January, 2013 , is hereby repealed. i Section 2 . Authority. The United City of Yorkville, Kendall County, Illinois (the " City") is authorized, pursuant to the provisions of the Business District Development and Redevelopment Law, 65 ILCS 5/ 11 -74 . 3 - 1 , et seq. (the "Act") , to designate business districts to promote development or redevelopment in the City and to impose a retailers ' occupation tax, a service occupation tax, and a hotel operators ' occupation tax therein and to issue bonds to provide for the payment of business district project costs . Section 3. Findings . (a) The designation of the area hereinafter described as the Downtown Yorkville Business Development District (the `Business District") was considered at a public hearing held on November 13 , 2012 (the "Public Hearing") . The Public Hearing was held pursuant to notices duly published twice in a newspaper of general circulation within the City not more than thirty (30) nor less than ten ( 10) days prior to the Public Hearing. Said notices conform in all respects to the requirements of the Act . (b) At the Public Hearing, all interested persons were given an opportunity to be heard on the question of the designation of the Business District, the approval of a business district development and redevelopment plan for the Business District, the imposition of a retailers ' occupation tax and a service occupation tax in the Business District for the planning and for the payment of business district project costs as set forth in such plan, and the issuance of obligations by the City to provide for the payment of business district project costs secured by the business district tax allocation fund established hereinafter pursuant to the Act . i (c) After considering the data as presented to the Mayor and City Council of the City (the " Corporate Authorities") and at the Public Hearing, the Corporate Authorities find that it is j in the best interests of the City and of the residents and property owners within the Business District that the Business District be designated. i (d) The Business District is contiguous and includes only parcels of real property directly and substantially benefited by the proposed business district development plan as required by the Act. (e) The Business District conforms to the comprehensive plan of the City which was adopted in 2008 . Ordinance No. 2013 - C� 0 Page 2 I (f) The Business District is a blighted area that, by reason of defective, non-existent or inadequate street layout, deterioration of site improvements and improper or obsolete platting, thereby hindering the growth and development in the area, all as set forth in the business district plan prepared by Kathleen Field Orr & Associates of Chicago, Illinois . Due to such conditions, the Business District constitutes an economic liability upon the City and its residents . (g) The blighting factors as stated above are widely present throughout the Business District and therefore the Business District on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed or redeveloped without the adoption of the business district plan . (h) It is in the best interests of the City that the Business District be designated in order to provide for the financing of the Business District project costs as set forth in the Business District Plan hereinafter described; that a retailers ' occupation tax and a service occupation tax be imposed in the Business District for the planning, execution, and implementation of the Business District Plan and for the payment of Business District Project costs as set forth in the Business District Plan; and, that obligations, if approved by the City, be issued to provide for the payment of Business District project costs secured by the Downtown Yorkville Business Development District Tax Allocation Fund established pursuant to the Act and hereinafter described. Section 4. Designation of the United City of Yorkville, Downtown YorlNille Business Development District. The "United City of Yorkville, Illinois, Downtown Yorkville Business Development District" is hereby designated for a period of twenty three (23 ) years from the date of adoption of this ordinance and shall consist of the contiguous territory legally described in the attached Exhibit A and outlined on a map in the attached Exhibit B, which exhibits are by this reference incorporated herein and made a part hereof. Section 5. Approval of the United City of Yorlwille, Kendall County, Illinois, Downtown Yorkville Business Development District Plan . A plan for the development and redevelopment of the Business District (the `Business District Plan") , attached hereto as Exhibit C, and by this reference incorporated herein and made a part hereof, was presented to the Corporate Authorities and considered at the Public Hearing. The Business District Plan is found to conform to the requirements of the Act and to promote the public interest. The Business District Plan is hereby approved . j Section 6 Imposition of Retailers ' Occupation Tax, Creation of Downtown Yorkville Business Development District Tax Allocation Fund. Pursuant to the Act, a tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State ' s government, at retail within the boundaries of the Business District at the rate of one percent ( 1 %) of the gross receipts from such sales made in the course of such business while this ordinance is in effect. Such tax shall not be applicable to the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages , soft drinks, and food that has been prepared for immediate consumption) , prescription and nonprescription medicines, Ordinance No . 2013- ag Page 3 i drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes , and needles used by diabetics for human use. All businesses in the Business District affected by this tax are listed on Exhibit D, attached hereto and incorporated herein . The proceeds of this tax shall be used for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs . The proceeds of such tax shall be deposited into a special fund of the City which is hereby created and designated j the "Downtown Yorkville Business Development District Tax Allocation Fund. " The tax imposed under this Section and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Illinois Department of Revenue. The Department of Revenue shall have full power to administer and enforce the provisions of this Section. i Section 7. Imposition. of Seii)ice Occupation Tax. Pursuant to the Act, a tax is hereby imposed upon all persons engaged within the boundaries of the Business District in the business of making sales of service, at the rate of one percent ( 1 %) of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. Such tax may not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) , prescription and nonprescription medicines, drugs , medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. All businesses in the Business District affected by this tax are listed on Exhibit D . The proceeds of this tax shall be used for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs . The proceeds of such tax shall be deposited into the "Downtown Yorkville Business Development District Tax Allocation Fund. " The tax imposed under this Section and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by j the Illinois Department of Revenue. The Department of Revenue shall have full power to administer and enforce the provisions of this Section. Section 8. Filing. A certified copy of this Ordinance, together with a description of the boundaries of the Business District, shall be filed with the Department of Revenue immediately following its passage and shall be considered filed on or before April 1 , 2013 , in accordance with Section 1 of this Ordinance. Section 9. Supercede Conflicting Ordinance . All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. i Section 10. Effective Date . This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and the Illinois Department of Revenue and City shall proceed to administer and enforce Sections 6 and 7 of this Ordinance on the first day of July 2013 , next following the adoption and filing of this Ordinance with the Illinois Department of Revenue. Ordinance No . 2013- 0?9 Page 4 United City of Yorkville, Kendall County, Illinois, this day of A. D . 2013 , CHRIS FUNKHOUSER LARRY KOT CARLO COLOSIMO � DIANE TEELING JACKIE MILSCHEWSKI JOEL FRIEDERS ROSE ANN SPEARS KEN KOCH i I i APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois , I this A0 day of MAI , A. D . 2013 , I 4y L Mayor Attest: i I City Clerk i i i i Ordinance No. 2013 - a9 Page 5 i EXHIBIT A Legal Deseription (see attached) I I i i i I i I i i i LEGAL DESCRIPTION Lots 1 , 25 3 , 4, 5 , 61 7, 8 , % 10 , 11 and 12 in Block 1 of Blacks Addition to the Village of Yorkville, being a subdivision of part of section 32, Township 37 North, Range 7 East of the Third Principal Meridian according to the plat recorded June 29, 1863 in Book 4, Page 8 , Kendall County, Illinois . I i i I i I i I EXHIBIT B Map of the Business District (see attached) i i I i i i i i i C I i I i i WHytlr e au_lc Av - ` - a A Aq 1 s ;� 47 i k O � F• F �W;Yan E _ mon-St-- United Cit y Yorkville GIS of The Data is provided without warranty or any representation of N accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and WIFE Provided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes no s warranties,expressed or implied,to the use of the Data. EXHIBIT C Business District Development and Redevelopment Plan (see attached) I i i i i i i I I i I UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS DOWNTOWN BUSINESS DISTRICT DEVELOPMENT PLAN i i i i I i i Prepared by: Kathleen Field Orr Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 935 Chicago, Illinois 60604 312.382.2113 I i 1 UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS DOWNTOWN BUSINESS DISTRICT DEVELOPMENT PLAN I. INTRODUCTION The Business District Development and Redevelopment Act, as from time to time amended (65 ILCS 5/11 -74. 3 - 1 et seq.) (the "BDD Act"), provides the means for municipalities to revitalize and redevelop commercial areas and has been most successfully used in aging central downtown districts which lack the structures, parking and improvements mandated by modern retailing and business operations . The objectives of the BDD Act are to attract sound and stable commercial growth; to reduce or eliminate blighting conditions in order to attract private investment; and, to assure opportunities for development and redevelopment thereby enhancing the tax base of the municipality and all affected taxing districts . The purpose of this document, entitled "United City of Yorkville, Kendall County, Illinois, Downtown Business District Development Plan", is to provide a redevelopment Plan (the "Business District Plan"), for those properties included in the Yorkville Downtown Business District (the "Downtown Business District") legally described on Exhibit A, attached hereto and as depicted on the map attached hereto as Exhibit B. The Downtown Business District includes approximately 1 . 16715 acres and is characterized by structures at least fifty (50) years and older. The City has been advised that the Downtown Business District qualifies as a business district pursuant to the BDD Act, pursuant to an Eligibility Report attached hereto as a business district pursuant to the BDD Act and to an Eligibility Report attached hereto as Exhibit C, which report analyzes the blighting factors now found within the proposed Downtown . Business District, The City believes that the Downtown Business District would benefit from the designation as a "business district" as such designation empowers the Mayor and City Council of the United City of Yorkville (the " Corporate j Authorities") : ( 1 ) To make and enter into all contracts necessary or incidental to the implementation and furtherance of a business district plan. A contract by and between the municipality and any developer or other nongovernmental person to pay or reimburse said developer or other nongovernmental person for business district project costs incurred or to be incurred by said developer or other nongovernmental person shall not be deemed an economic incentive agreement under Section 8- 11 -20, notwithstanding the fact that such contract provides for the sharing, rebate, or payment of retailers ' occupation taxes or service occupation taxes (including, without limitation, service occupation taxes (including, without limitation, taxes imposed pursuant to subsection ( 10)) the municipality receives from the development or redevelopment of properties in the business district. Contracts entered into pursuant to this subsection shall be binding upon successor corporate authorities of the 2 I municipality and any party to such contract may seek to enforce and compel performance of the contract by civil action, mandamus, injunction, or other proceeding. (2) Within a business district, to acquire by purchase, donation of land and other real or personal property or rights or interests therein; and to grant or acquire licenses, easements, and options with respect thereto, all in the manner and at such price authorized by law, No conveyance, lease, mortgage, disposition of land agreement relating to the development of property, shall be made or executed except pursuant to prior official action of the municipality. No conveyance, lease, mortgage, or other disposition of land owned by the municipality, and no agreement relating to the development of property, within a business district shall be made without making public disclosure of the terms and disposition of all bids and proposals submitted to the municipality in connection therewith. (3 ) To clear any area within a business district by demolition or removal of any existing buildings, structures, fixtures, utilities, or improvements, and to clear and i grade land. i (4) To install, repair, construct, reconstruct, or relocate public streets, public utilities, and other public site improvements within or without a business district which are essential to the preparation of a business district for use in accordance with a business district plan. (5) To renovate, rehabilitate, reconstruct, relocate, repair, or remodel any existing buildings, structures, works, utilities, or fixtures within a business district. j I (6) To construct public improvements, including but not limited to buildings, structures, works, utilities, or fixtures within any business district. I (7) To fix, charge, and collect fees, rents, and charges for the use of any building, j facility, or property or any portion thereof owned or leased by the municipality within a business district. (8) To pay or cause to be paid business district project costs . Any payments to be made by the municipality to developers or other nongovernmental persons for business district project costs incurred by such developer or other nongovernmental person shall be made only pursuant to the prior official action of the municipality evidencing an intent to pay or cause to be paid such business district project costs . A municipality shall adopt such accounting procedures as shall be necessary to determine that such business district project costs are properly paid. (9) To apply for and accept grants, guarantees, donations of property or labor or any other thing of value for use in connection with a business district project. 3 I ( 10) If the municipality has by ordinance found and determined that the business district is a blighted area under this Law, to impose a retailers ' occupation tax and a service occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for business district project costs as set forth in the business district plan approved by the municipality. i ( 11 ) If the municipality has by ordinance found and determined that the business district is a blighted area under this Law, to impose a hotel operators ' occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for the business district project costs as set forth in the business district plan approved by the municipality. i In order to impose a tax pursuant to item ( 11 ) or item ( 12) cited above, the Corporate Authorities shall undertake the following : 1 . Hold a public hearing prior to designation of the business district and approval of the business district development plan. 2 . Affirms that the area proposed to be designated as a business district is contiguous and includes such parcels of real property as shall be directly and substantially benefitted by the proposed development. 3 . Shall find that the proposed is a blighted area and has not been subject to growth and development through private investment and without a business district development plan is not reasonably anticipated to be developed. Upon the finding that the proposed Business District is "blighted," as hereinafter defined, the Retailers ' Occupation Tax may be imposed in quarter percent (.25 %) increments at a total rate not to exceed one percent ( I %) of the gross receipts from such sales made in the Downtown Business District in the course of selling tangible personal property, other than an item of tangible personal property titled and registered with an agency of the state ' s government. The Retailers ' Occupation Tax may not be imposed for more than 23 years and may not be imposed on "food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. A Service Occupation Tax may be imposed in a quarter percent (.25%) increments at a total rate not to exceed one percent ( 1 %) of the selling price of tangible personal property so within the Business District incident to making sales of service. The Retailer 's Occupation Tax and Service Occupation Tax shall hereafter collectively be referred to as " Sales Taxes ." Sales Taxes, if imposed, shall be collected by the Illinois Department of Revenue and then disbursed to the City. I 4 i i II The BDD Act defines a "blighted area" as : "Blighted area" means an area that is a blighted area which, by reason of the predominance of defective, non-existent, or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire or other causes, or any combination of those factors, retards the provision of housing accommodations or constitutes an economic or social liability, an economic underutilization of the area, or a menace to the public health, safety, morals, or welfare." Given the Eligibility Report which concludes that the Downtown Business District is a blighted commercial area as defined by the BDD, the City desires to proceed with all other actions required under the BDD Act to impose such taxes as permitted thereby in order to implement this Business District Plan. i i I I I f� I I i s I! i II. THE UNITED CITY OF YORKVILLE The United City of Yorkville is located 50 miles southwest of Chicago in the Fox River Valley of Kendall County. The City is generally bounded on the north by the Villages of Montgomery and Sugar Grove; the Village of Oswego on the East, the City of Plano on the west and the City of Morris on the south. The town of Yorkville was originally settled in 1832 south of the Fox River as an agricultural business center with a downtown district along the Fox River on Bridge Street. From the beginning, the City was a growing area which was soon reinforced by the designation of Yorkville as the County Seat in 1859 . Yorkville was incorporated as a village in 1874. Simultaneously, on the north bank of the Fox River, the town of Bristol was also growing and incorporated in 1861 until it combined with Yorkville in 1957, hence the name the "United City of Yorkville" . Yorkville has grown from a population of 6, 189, as of the census of 2000, to its current population of 16, 921 per the 2010 census . During this decade, the City has annexed hundreds of acres for development as residential subdivisions while also developing new commercial corridors and an industrial park. Its attraction to tourists as a recreational destination has recently grown due to the opening of the Marge Cline Whitewater Course at the Glen D . Palmer Dam located at the City ' s Bicentennial Riverfront Park. i i t i i I I t 6 III. DOWNTOWN BUSINESS DISTRICT BOUNDARIES The proposed Downtown Business District encompasses some of the oldest properties and oldest structures of Yorkville in the City' s historic downtown area which is a mixed use area with a wide range of commercial and retail uses, restaurants, residences, public and civic uses, and several industrial uses . The Downtown Business District constitutes a portion of the historic downtown bounded on the east by Bridge Street, on the south by Van Emmon Street, on the west by Main Street and on the north by Hydraulic Street. Until 1970, the historic downtown area was the City' s only business district when the City annexed 1 . 16715 acres at US Route 34 and substantial . retail development has occurred with major "big box" users coming to the City. As a result of this new j development and general market changes, the historic downtown area has not benefitted from new private investment. With the improvements to Bicentennial Riverfront Park, a j new interest in the historic downtown area has been sparked. In 2006, the City of Yorkville designated the Downtown Yorkville Tax Increment Financing Redevelopment Project Area ("Downtown TIF Distriet') pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/ 11 -74 .4- 1 et seq.) (the " TIF Act") which includes j approximately 200 acres inclusive of streets and rights-of-way. The benefits of the TIF Act remain to be realized but it is evidence of the City' s commitment to recognize the changing requirements for development and redevelopment and to pursue all avenues to achieve opportunities for growth and redevelopment. The Downtown Business District is the City' s effort to focus on the commercial development of a portion of the Downtown TIF District and to apply the benefits of the BDD Act to a specific commercial strip to increase the interest in this area and excitement to attract private investment in the entire district. A list of the parcels included in the Downtown Business District is attached hereto as Exhibit D. I f i i i i 7 IV. DOWNTOWN BUSINESS DISTRICT GOALS General goals for the Yorkville Downtown Business District include, but are not limited to, the following: $ To create an environment that will contribute more positively to the health, safety and general welfare of the City; $ To improve infrastructure that will provide safe and efficient access to the parcels and detention/retention to address stormwater needs; $ To encourage new investment and development that will increase the value of properties within and adjacent to the Downtown Business District, improving the real estate and sales tax base; $ To increase construction, part-time, and full-time employment opportunities for residents and non-residents of the City; $ To maintain and enhance the viability of the City' s historic downtown as a commercial center; $ To eliminate the factors that qualified the Downtown Business District as a blighted area; and, i $ To provide a strong, positive visual image of the Downtown Business District through attractive and high-quality building design and site improvements, and landscaping. $ . To develop a land use pattern which promotes the highest degrees of health, safety and the well-being of the community. I i i i I i • I I I 8 i i V. DOWNTOWN BUSINESS DISTRICT PROJECTS The City proposes to achieve its development and redevelopment goals for the Downtown Business District through the use of public financing techniques and the imposition of Sales Taxes as authorized under the BDD Act to undertake the activities, improvements and projects described below. The City also maintains the flexibility to undertake additional activities, improvements and projects authorized under the BDD Act and other applicable laws, if the need for activities, improvements and projects changes as redevelopment occurs in the Downtown Business District, including: • Construct buildings and facilities; I • Revitalize and upgrade buildings through site planning, fagade improvements, and construction methods that provide cohesive urban design features, provide focus to - the streetscape and buildings in the Downtown Business District, and quality building materials; I • Improve streetscape design, pedestrian access, distinctive lighting, signage and landscaping, and other appropriate site amenities; • Redesign site to improve access, which may require the demolition and replacement of buildings; i • Provide and upgrade infrastructure to serve the development, including the construction of and improvements to utility and stormwater management infrastructure; • Create convenient parking areas as mandated by users no longer within walking distances; • Study of utility services to the Downtown Business District and the reconfiguration of such utility services to sufficiently serve the developments; • Construction of streetscape enhancements including new light poles; accent paving in crosswalks; street tree and ornamental vegetation plantings; and community banners and attractive features to attract pedestrian usage and provide increased safety for both pedestrians and motorists; • Site clearance and site preparation, such as subdividing or combing parcels for commercial use, to attract development; and, i 9 ® Make access improvements to provide safe, convenient, efficient and effective access to the business in the Downtown Business District for automobiles, trucks and delivery vehicles, public transportation, bicycles, and pedestrians. I i I i i i i I I I I I i I i I 10 i i I VI. BUSINESS DISTRICT DEVELOPMENT PROJECT COSTS A. The BDD Act states: I "Business district project costs" shall mean and include the sum total of all costs incurred by a municipality, other governmental entity, or nongovernmental. person in connection with a business district, in the furtherance of a business district plan, including, without limitation, the following: (1 ) Costs of studies, surveys, development of plans and specifications, implementation and administration of a business district plan, and personnel and professional service costs including architectural, engineering, legal, marketing, financial, planning, or other professional services, provided that no charges for professional services may be based on a percentage of tax revenues received by the municipality; I (2) Property assembly costs, including but not limited to, acquisition of land and other real or personal property or rights or interests therein, and specifically including payments to developers or other nongovernmental persons as reimbursement for property assembly costs incurred by that developer or other nongovernmental person; (3 ) Site preparation costs, including but not limited to clearance, demolition or removal of any existing buildings, structures, fixtures, utilities, and improvements and clearing and grading of land; (4) Costs of installation, repair, construction, reconstruction, extension, or relocation of public streets, public utilities, and other public site improvements within or without the business district which are essential to the preparation of the business district for use in accordance with the business district plan, and for use in accordance with the business district plan, and specifically including payments to developers or other nongovernmental persons as reimbursement for site preparation costs incurred by the developer or nongovernmental person; i (5) Costs of renovation, rehabilitation, reconstruction, relocation, repair, or remodeling of any existing buildings, improvements, and fixtures within the business district, and specifically including payments to developers or other nongovernmental persons as reimbursement for costs incurred by those developers or nongovernmental persons; (6) Costs of installation or construction within the business district of buildings, structures, works, streets, improvements, equipment, utilities, or fixtures, and specifically including payments to developers or other nongovernmental persons i 11 � i I as reimbursements for such costs incurred by such developer or nongovernmental person; (7) Financing costs, including but riot limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations issued under this Law that accrues during the estimated period of construction of _ any development or redevelopment project for which those obligations are issued and for not exceeding 36 months thereafter, and any reasonable reserves related to the issuance of those obligations; and (8) Relocation costs to the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law. B . Estimated Project Costs i ( 1 ) Costs of studies, development plans engineering and professional services $ 500, 000 . 00 (2) Land assembly $ 3 ,0001000000 (3 ) Site preparation, including land clearance $ 2,000, 000 . 00 I (4) Repair and remodeling of existing buildings $ 3 ,0003000 . 00 (5) Improvements to public utilities $ 1300%000. 00 (6) Streetscape improvements $ 1 ,000, 000 . 00 I (7) Construction of improvements $ 3 , 0005000 . 00 j I (8) Interest costs $ 1 , 0001000000 $ 143500,000 . 00 The City reserves the right to exceed budgeted costs in particular estimated development project costs categories so long as the total estimated cost is not exceeded over the 23 year life of the Downtown Business District, unless otherwise amended. 12 I II VII. SOURCES OF FUNDS TO PAY DEVELOPMENT PROJECT COSTS Upon designation of the Downtown Business District by City ordinance, the City intends to impose the retailers= occupation within the Downtown Business District, at a rate not to exceed one percent ( 1 %) of the gross receipts from sales made in the course of any business within the Downtown Business District. Such tax shall not be applicable to the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. I The City also intends to impose a service occupation tax upon all persons engaged within the boundaries of the Downtown Business District in the business of making sales of service at a rate not to exceed one percent (1 %) of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. Such tax may not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. i The retailers ' occupation tax and the service occupation tax shall be collectively referred to as the "Taxes . " The proceeds of these Taxes shall be used during the term of the designation of the Downtown Business District (not to exceed 23 years from the date of adoption of this Business District Plan) for the planning, execution and implementation of the Business District Plan, the payment of business district project costs as set forth in the Business District Plan and permitted by the BDD and the payment of obligations of the City issued to provide for the payment of business district project costs . I A City ordinance shall also be adopted by the Mayor and City Council to create a separate fund entitled the "Downtown Business District Tax Allocation Fund" in order to receive the revenues generated by the Taxes. Pursuant to the Business District Act, all funds received from the Taxes must be deposited into this special fund. Funds necessary to pay for business district project costs and to secure municipal obligations issued for such costs are to be derived primarily from the Taxes . Other sources of funds which may be used to pay for business district project costs or to secure municipal obligations are state and federal grants, investment income, private financing 13 I I and other legally permissible funds the City may deem appropriate. All such funds shall be deposited in the Downtown Business District Tax Allocation Fund. I i i I i i I i i i i I I 14 l VIII. ISSUANCE OF OBLIGATIONS The City may issue obligations pursuant to the BDD Act and other authorities in order to pay for business district project costs. The obligations may be secured by the Downtown Business District Sales Taxes, and other sources that the City may deem appropriate. Additionally, the City may provide other legally permissible credit enhancements to any obligations issued pursuant to the BDD Act. I All obligations issued by the City pursuant to this Business District Plan and the BDD Act shall be retired within twenty-three (23) years from the date of adoption of the ordinance approving this Business District Plan. One or more series of obligations may be issued from time to time in order to implement this Business District Plan. I Obligations may be issued on either a taxable or tax-exempt basis, as general obligation bonds, general obligation debt certificates, alternate bonds or revenue bonds, or other debt instruments, with either fixed rate or floating interest rates; with or without capitalized interest; with or without deferred principal retirement; with or without interest rate limits except as limited by law; with or without redemption provisions, and on such other terms, all as the City may determine and deem appropriate, i i i i I r i i ( i I I 15 I i i IX. ESTABLISHMENT AND TERM OF THE DOWNTOWN BUSINESS DISTRICT The establishment of the Downtown Business District shall become effective upon adoption of an ordinance by the Mayor and City Council adopting the Downtown Business District Plan and designating the Downtown Business District. Development agreements between the City and any developers or other private parties shall be consistent with the provisions of the BDD Act and this Business District Plan, Pursuant to the BDD Act, the Downtown Business District Sales Taxes described in Section VI may not be imposed for more than twenty-three (23) years pursuant to the provisions of the BDD Act. The Downtown Business District shall expire upon the termination of the imposition of the Downtown Business District Sales Taxes and the final payout of the same from the Downtown Business District Tax Allocation Fund, which shall be no later than 23 years from the date of adoption of the ordinance approving this Business District Plan, i i I I i i i i i I I i i i i 16 I i X. FORMAL FINDINGS Based upon the information described in the attached Exhibit C, the Mayor and City Council of the United City of Yorkville finds and determines the following : (a) the Downtown Business District is a contiguous area and includes only parcels of real property directly and substantially benefitted by the proposed business district development or redevelopment plan; (b) the Downtown Business District Plan is consistent with the United City of Yorkville= s Comprehensive Plan for the development of the City as a whole; (c) the Downtown Business District is a blighted area as defined in the BDD Act by reason of the predominance of defective or inadequate street layout; (d) the Downtown Business District constitutes an economic liability to the City in its present condition and use; and, (e) the Downtown Business District on the whole has not been subject to growth and development by private enterprises or would not reasonably be anticipated to be developed or redeveloped without the adoption of the business district development or redevelopment plan. I I I I 17 I I XI. PROVISIONS FOR AMENDING THE BUSINESS DISTRICT PLAN The Mayor and City Council of the United City of Yorkville may amend this Business District Plan from time to time by adopting an ordinance providing for such amendment. i i I, I i i I i i i I 18 I II Exhibit A Legal Description I Lots 1 , 2, 3 , 4, 5 , 6, 7, 8 , 9, 10, 11 and 12 in Block 1 of Blacks Addition to the Village of Yorkville, being a subdivision of part of section 32, Township 37 North, Range 7 East of the Third Principal Meridian according to the plat recorded June 29, 1863 in Book 4, Page 8 , Kendall County, Illinois. i I i I I i i i I i i I Exhibit B draulc Aue �r 7, "14 �Z'ri'.. -- •-�„ 209 ���.. :. a• ice- :�_' 9 - __ i111 j a T' p i � 47 Al I r� - _ ,c• i y;... it 4. •. ..: .. I O i!``•' _' United City GIS The Data is provided without warranty or any representation of x y of Yorkville accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and E Provided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes no s warranties,expressed or implied,to the use of the Data. EXHIBIT C i DOWNTOWN YORKVILLE BUSINESS DEVELOPMENT DISTRICT ELIGIBILITY REPORT i I i I I i 1 i j i i DOWNTOWN YORKVILLE BUSINESS DEVELOPMENT DISTRICT ELIGIBILITY REPORT The proposed Downtown Yorkville Business Development District includes thirteen ( 13) parcels as identified on Exhibit D of the proposed Downtown Business District Development Plan . The area includes approximately 1 . 13 acres and is bounded on the north by West Hydraulic Avenue, on the east on Bridge Street (Illinois Route 47) , on the south by West Van Emmon Street and on the west by the alley approximately 190 feet west of Bridge Street (the "Proposed Business District") . The legal description of the Proposed Business District is attached as Exhibit A to the proposed Downtown Business District Development Plan. In order for the United City of Yorkville to designate the Proposed Business District as a "business district" under the Business District Development and Redevelopment Law (65 ILCS 5/ 11 -74 . 3 - 1 et seq. ) (the "BDD Act") and to implement a sales tax or a hotel tax to fund improvements to the Proposed Business District, the City is required to make a formal finding that the Proposed Business District is a "blighted area" which is defined by the BDD Act as : "Blighted area" means an area that is a blighted area which, by reason of the predominance of defective, non-existent, or inadequate street layout, unsanitary or unsafe conditions , deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire or other causes, or any combination of those factors, retards the provision of housing accommodations or constitutes an economic or social liability, an economic under utilization of the area, or a menace to the public health, safety, morals, or welfare . " The BDD Act also requires the municipality to determine that the Proposed Business District has not been subject to growth and development through private investment and would not reasonably be anticipated to experience investment and redevelopment without the adoption of the proposed Downtown Business District Development Plan. i i I i 2 i I. ANALYSIS OF THE PROPOSED BUSINESS DISTRICT The Proposed Business District encompasses some of the oldest properties and oldest structures in the United City of Yorkville dating back to the early 1900 ' s and is surrounded by a wide-range of mixed uses, including commercial and retail uses , industrial uses, residential uses , as well as civic uses . Despite the fact that the downtown runs along the Fox River and has significant structures such as a historic court house and other historic buildings, interest in this area waned with the annexations of properties along Route 34 by the City and the development of "big box" users creating new and modern retail centers . In addition, population growth of the City within the past decade caused numerous vacancies in the downtown due to the fact that the local post office and the local downtown bank required larger facilities and left the historic downtown are to locations on major thoroughfares which have ample parking. Decline in the downtown area was progressive and severe. As part of its economic development program, the City engaged planning experts to develop a comprehensive plan for the redevelopment of the entire downtown area and in 2006 adopted Tax Increment Allocation Redevelopment Act (65 ILCS 5/ 11 -74. 3 - 1 et seq .) (the "TIF Act"), in effort to spur interest in the area and induce private investment. As a result of its efforts, the City entered into a Development Agreement for a mixed use development to house retail uses on the street level and condominiums for residential use on two -floor above street level . As in most historic districts, parking is a key component of redevelopment due to the limited area available. Problems arose when the developer attempted to construct underground parking and, due to the significant costs and unforeseen structural difficulties, the project failed to proceed. It was several years thereafter before the City was able to generate any interest or any potential developer. Curiously, as hope waned, a local businessman realized the downtown area presents an opportunity for creating an attractive "main street" incorporating some of the historic buildings into new commercial endeavors and began to acquire properties . Despite significant investment, the issues of the area have stalled continuing development and shall continue to limit the redevelopment of the area unless addressed. i i I i I i I 3 I I II. EXISTENCE OF BLIGHTING FACTORS i A. Obsolete Platting The most significant blighting factor to be found in the Proposed Business District is obsolete platting. Exhibit A, attached hereto depicts 8 parcels which are 22 to 26 feet in width. Exhibit B is a depiction of the buildings located on these parcels which appear to have been built without regard to lot lines . Redevelopment can only occur if ownership is combined into a single entity and the parcels are combined or the structures are demolished to permit replatting. Given the historical buildings which give the area its greatest potential for the creation of a new commercial district combining old with new, demolition of the structure is not recommended. I B . Deterioration of Site Improvements The structures within the Proposed Business District are used for commercial purposes, however, these properties do not provide adequate parking. Moreover, the minimal parking that is currently available is either completely unpaved or the pavement is significantly deteriorated. In addition, the areas around the buildings, as well as the alleyway, demonstrate serious deterioration. C . Defective or Inadequate Street Layout i The Proposed Business District is bordered on the west by an alley way of twenty (20) feet in width. Two of the structures depicted on Exhibit A as 1 and 209 abut the alley thereby limiting circulation of parking areas serving the operating businesses . Vision is seriously hampered for vehicles exiting into the alley whether going north or south. The j structure identified as number 1 on Exhibit B houses a well and pump station owned and operated by the City. The cost to remove this structure is prohibitive so that providing for alternate parking to serve the area is essential in order to further development of the area. I I i 4 I III . DETERMINATION OF ELIGIBILITY UNDER THE BDD ACT The proposed Downtown Business District meets the requirements of the BDD Act for designation as a blighted area. Several of the blight factors listed in the BDD Act are present and the presence of these blight conditions has hindered growth and development in the area. The blight conditions in the area have been present for an extended period of time and the market alone has not been able to support new development to mitigate these conditions . The City has tried for several years to encourage economic investment in this large and important part of the community and has achieved very limited success ; however, future private reinvestment would not be reasonably expected to continue by private enterprise alone. j The conclusion of this Eligibility Study is that the Proposed Business District qualifies as i a blighted commercial area under the requirements of the state statutes and the area is in need of revitalization and guided growth to ensure that it will contribute to the long-term physical, economic and social well-being of the City. I i I i i i r i f I i I 5 i I IV . FORMAL FINDINGS A. The proposed Downtown Yorkville Business Development District is a contiguous area and includes only parcels of real property which will be directly benefitted by the proposed Downtown Business District Development Plan, B . The Business District Plan is consistent with the City ' s comprehensive plan . C . The proposed Downtown Yorkville Business Development District is a blighted area as defined in the BDD Act due to : I 1 . Obsolete platting; 2 . Deterioration of site improvement; 3 . Defective or inadequate street layout, j i D . The proposed Downtown Yorkville Business Development District is an economic liability in its present condition due to the economic under utilization of the area. E. The proposed Downtown Yorkville Business Development District has experienced minimal development by private enterprise but continued development is not reasonably anticipated without the adoption of the BDD Act, approval of the proposed Downtown Business District Plan and assistance of the City with the extraordinary costs of the necessary improvements to induce private investment. I i i i i 6 i on LO CN rM Hydraulic— P" 1 r _ _ 202 209 _ 208 + r • -�fr -��x Identified z 210 Structures 211 J 212 213 � n.CO a 216 217 , - _ 220 ..�, 23 0 0 1 1 vi 222 i1 �..1 ij f I rrrriit�: 226 Van Emmon th N F r 301 _ The Data is provided without warranty or any representation of E X h i b i 't A accuracy,timeliness,or completeness. It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. -Parcel data provided by Kendall County GIS cr r on N LO 01 4 I� --_�� r ya 1 OF co 2021-. QL 4� 209 208 City Well and ` 2 0 Pump Station 211 I� , 21 212 1 3 m 216 217 220 �. 222 � r l - • �' ��� lEGili'�yl' 226 Van'Em 301 - N a JQL- The Data is provided without warranty or any representation of E X h 1 b 1 't B accuracy,timeliness,or completeness. It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. -Parcel data provided by Kendall County GIS Exhibit D PIN# Address Property Owner 02-32-283-003 201 S . Bridge Street Imperial Investments, LLC 02-32-283 -003 203S . Bridge Street Imperial Investments, LLC 02-32-283 -004 205S . Bridge Street Imperial Investments, LLC 02-32-283-005 209 S . Bridge Street Imperial Investments, LLC 02-32-283-006 211 S . Bridge Street Imperial Investments, LLC 02 -32-283 -007 213S . Bridge Street Imperial Investments, LLC 02-32 -283 -010 215S . Bridge Street Imperial Investments, LLC 02-32-283-011 217S . Bridge Street Imperial Investments, LLC 02 -32-283-012 219S . Bridge Street Imperial Investments, LLC 02-32 -283 -013 101 W . Van Emmon Road Imperial Investments, LLC 02-32-283-014 101 W. Van Emmon Road Imperial Investments, LLC 02-32-283-008 --- United City of Yorkville ( Pump House #3 ) j 02-32-283-009 --- United City of Yorkville ( Parking Area ) j I i I I i EXHIBIT D Businesses within the Business District (see attached) I i i I I i i i I i i PIN# Address Property Owner 02-32-283-003 201 S . Bridge Street Imperial Investments, LLC 02-32 -283-003 203S , Bridge Street Imperial Investments, LLC 02-32-283-004 205S , Bridge Street Imperial Investments, LLC 02 -32-283 -005 209S . Bridge Street Imperial Investments, LLC 02-32-283-006 211S . Bridge Street Imperial Investments, LLC 02-32 -283-007 213S . Bridge Street Imperial Investments, LLC 02-32-283-010 215S , Bridge Street Imperial Investments, LLC 02-32-283 -011 217S , Bridge Street Imperial Investments, LLC 02-32 -283 -012 219S . Bridge Street Imperial Investments, LLC 02-32-283-013 101 W. Van Emmon Road Imperial Investments, LLC 02-32-283-014 101 W . Van Emmon Road Imperial Investments, LLC 02-32-283-008 --- United City of Yorkville ( Pump House #3 ) 02-32-283-009 --- United City of Yorkville ( Parking Area ) i i i i I r I I i i i