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City Council Packet 2006 06-13-06 United City of Yorkville 800 Game Farm Road ESL 1636 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 kE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,June 13, 2006 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meetine: Ad-hoc: Technology Committee 7:00 p.m., Monday, July 3, 2006 6:00 p.m., Tuesday, June 13, 2006 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, June 29, 2006 City Hall Conference Room Administration Committee Meetine: 6:30 p.m., Thursday, July 6, 2006 City Hall Conference Room Public SafetCommittee Meetine: 6:30 p.m., Thursday, July 13, 2006 City Hall Conference Room Presentations: 1. Presentation of Girl Scout Silver Awards to Kelsey Sedgwick, Elisabeth Scheffrahn, and Tiffany Nawa City Council Meeting Agenda June 13, 2006 Page 2 Public Hearings: 1. Herb and Pam Kleinwachter and Old Second National Bank Trust 8051, petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District and R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 9.81 acres located on Route 47 south of Legion Road and north of Ament Road, Kendall Township, Kendall County, Illinois. 2. MPI#6 South Yorkville, LLC,petitioner, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2 One-Family Residence District, R-2 Duplex Two-Family Residence District, R-3 General Residence District,R-4 General Residence District and B-2 General Business District. The real property consists of approximately 916.44 acres east of Immanuel Road, north and south of Ament Road, west of Route 47, and north and south of Walker Road,Kendall Township, Kendall County, Illinois. Citizen Comments: Consent Agenda 1. PS 2006-20 Police Reports for April 2006 2. PS 2006-24 Purchase of New Squads - approve as presented 3. EDC 2006-13 Building Permit Report for April 2006 4. PC 2006-13 Resolution Approving the Final Plat of Subdivision for Autumn Creek Unit 2 - authorize Mayor and City Clerk to execute 5. PC 2005-60 Resolution Approving the Revised Preliminary Plan for Bailey Meadows - authorize Mayor and City Clerk to execute 6. PC 2005-33 Resolution Approving the Preliminary Plan for the Chally Farm - authorize Mayor and City Clerk to execute 7. PC 2006-17 Resolution Approving the Final Plat of Subdivision for Grande Reserve Unit 18 -authorize Mayor and City Clerk to execute 8. PC 2006-18 Resolution Approving the Final Plat of Subdivision for Grande Reserve Unit 19 -authorize Mayor and City Clerk to execute 9. PC 2006-19 Resolution Approving the Final Plat of Subdivision for Grande Reserve Unit 20 -authorize Mayor and City Clerk to execute 10. PKBD 2006-04 Passenger Van Purchase through State Purchase Program-approve as presented 11. PKBD 2006-05 Prairie Meadows Park—Oslad Grant- approve as presented and authorize Mayor and City Clerk to execute OSLAD/LWCF project application as presented 12. PW 2006-114 Nicor Gas Contract for Grande Reserve—Kennedy Road Improvements - approve payment to Nicor in an amount not to exceed$226,165.38 and authorize Mayor to execute 13. PS 2006-21 Ordinance Amending City Code Title 6—Traffic, Chapter 2—Parking Regulations Regarding Parking of Nomnotorized Vehicles - authorize Mayor and City Clerk to execute City Council Meeting Agenda June 13,2006 Page 3 Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—April 25,2006 Minutes of Committee of the Whole—April 18, 2006 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 927,442.50 (vendors -FY 05/06) $ 775,685.96 (vendors -FY 06/07) $ 181,343.70(payroll period ending 5/27/06) $ 1,884,472.16 (total) Reports: Mayor's Report: 1. Swearing-in of Timothy J. Kolowski as a Full-time Police Officer 2. Swearing-in of Ryan S. Goldsmith as a Full-time Police Officer 3. Appointment of Budget Officer 4. Downtown Tax Increment Financing Redevelopment Project and Plan a. Ordinance Approving the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan and Downtown Yorkville Tax Increment Financing Redevelopment Project Area b. Ordinance Designating Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan and Downtown Yorkville Tax Increment Financing Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act c. Ordinance Adopting Tax Increment Financing for the Downtown Yorkville Tax Increment Financing Redevelopment Project Plan and Area City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Renort: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: City Council Meeting Agenda June 13, 2006 Page 4 Reports (con't): Community Relations Manager: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. PC 2005-53 Hudson Lakes—Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning 2. PC 2006-25 New Life Church—Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning Public Safety Committee Renort: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent. Adjournment: COMMITTEES,MEMBERS AND RESPONSIBILITIES �UBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James City Council Meeting Agenda June 13, 2006 Page 5 COMMITTEES,MEMBERS AND RESPONSIBILITIES (con't) CONOMIC DEVELOPME Committee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business &Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development U_BLI_C_SAFETI_ -------------------------- _ Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock O MINISTRATION! Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock -- --- HO_C: TECHNOLOGl; --- —_---_-- - ---------------- ------------------ Committee Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock a�•��o 'T y United City of Yorkville Memo ■��ii' 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4350 Fax: 630-553-7575 <CE \\. Date: June 9, 2006 To: Mayor and City Council From: Lisa Pickering, Deputy Clerk CC: Department Heads Subject: MPI—Yorkville South The documents for this public hearing are the same as the ones that were previously distributed in the large white binders. If you do not have your white binder,please contact me at 553-8567 and I can make a copy for you. 52 Wheeler Road • Sugar Grove, IL 60554 TEL:630/466.9350 FAR:630/466-9380 www.eelweb.com Engineering Enterprises, Inc. May 2, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Final Plat and Engineering Improvement Plan Review, Autumn Creek, Unit 2(Theidel Property, Pulte Homes) United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the following submitted material for the above-referenced unit: • Civil Engineering Plans for Autumn Creek Unit 2 prepared by Smith Engineering Consultants, Inc. consisting of 100 sheets with a revised date of April 17, 2006. • Final Plat of Subdivision for Autumn Creek P.U.D., Unit 2, prepared by Thomson Surveying, Ltd., containing 9 sheets with a revised date of April 13, 2006. • Drainage and Storm Sewer Sizing Report for Autumn Creek Subdivision Phase II prepared by Smith Engineering Consultants, Inc., with revision date of April 17, 2006. Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in- depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. We offer the following comments: Consulting Engineers Specializing in Civil Engineering and Land Surveying General 1. Parts of Autumn Creek, Unit 2 are located within a Special Flood Hazard Area Zone C (areas of minimal flooding} as identified by FEMA based on the Flood Boundary and Floodway Map 170341 0020 C dated July 19, 1982. Final Plat 2. The word `southwest" in the Point of Beginning text for Parcel 1 should be removed and replaced with the text that appears in the legal description "western most" (affects sheet 1). 3. The text for Olive Lane should be shifted southeasterly and additional text provided to depict Olive Court (affects sheet 1). 4. Line work and text overlaps occur numerous times. This should be corrected by trimming line work or moving text (relates particularly to easement line work overlapping bearing and distance text. (affects sheets 2 through 4, 6 and 7). 5. The heretofore granted Public Utility and Drainage Easement within Olive Lane, Olive Court and along the property line common to Lots 282 and 283 should be shaded consistently with other such easements on this plat (affects sheet 2). 6. Olive Way text should be changed to Olive Lane. (affects sheet 2) 7. A note needs to be added to the plat stating, "No direct vehicular access is permitted to Bazan Road from Lots 321, 322 and 323" (affects sheet 1). S. The heretofore granted Public Utility and Drainage Easement in Autumn Creek Boulevard has a leader position depicting the easterly side of said easement being the easterly right of way line of Autumn Creek Boulevard. The leader should be repositioned at the dashed easement line at the East edge of the easement shading. (affects sheet 3) 9. Match lines, when not overlapping lot lines, should be represented by a line type and line width to be markedly different when compared to unit lines, property lines, right of way lines, and centerlines (affects pages 2-7). 10.The shaded heretofore granted easement should have labeling added similar to other pages (affects page 5). 11. Lot 322 should have labeling added to state the intended usage, similar to Lot 241 (affects page 7). 12.The limits of the flood plain should be labeled on the plat (affects pages 7 and 8). G3Public\Yorkville @0041Y00415'TR,idel Property(Pulle Homes ilCoc\lwywrolO5Unil2Finab02.doc 13.Lot 337 and 265 are shown as detention areas on the engineering plans and, therefore, both lots should be labeled as Stormwater Management Easements and should be conveyed to the United City of Yorkville. 14.The School Site, Lot 229, should not be entirely covered by Landscape, Public Utility and Drainage Easements. Since the future building of a school and other buildings would require vacation of portions of these easements, blanketing of this property with easements is not prudent. 15.The notes block at the lower left of sheet 1 should be edited by removal of items 5, 6, and 7. Lots 230, 249, 265, 308, 336 and 373 need access to the adjacent right of ways. 16.The Surveyor's Certificate should be changed to the standard language and form required by the United City of Yorkville. The certificate text follows and can be forwarded in an electronic format upon request; (affects sheet 9). SURVEYOR' S CERTIFICATE STATE OF ILLINOIS ) )ss COUNTY OF ) THIS IS TO CERTIFY THAT I, ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 35- , AT THE REQUEST OF THE OWNER(S) THEREOF, HAVE SURVEYED, SUBDIVIDED AND PLATTED THE FOLLOWING DESCRIBED PROPERTY: (INSERT LEGAL DESCRIPTION) I FURTHER CERTIFY THAT THE PLAT HEREON DRAWN IS A CORRECT AND ACCURATE REPRESENTATION OF SAID SURVEY AND SUBDIVISION. ALL DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. I FURTHER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM , DATED, . ALL OF THE PROPERTY IS LOCATED IN ZONE C, AREAS OF MINIMAL FLOODING. OR I FURTHER CERTIFY THAT PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM , DATED, , BUT THAT ALL SPECIAL FLOOD HAZARD AREAS ARE CONTAINED IN STORMWATER MANAGEMENT EASEMENTS OR ON LAND TO BE CONVEYED TO THE UNITED CITY OF G::PObIIO\YOd4nIleTO04':YO0416 Theidel Properly(Pint¢Homes)%DnCdwywrotO5Uni12Final-02.doe YORKVILLE AND THAT NO PART OF LOTS THROUGH (INCLUSIVE) (the buildable lots in this subdivision) IS LOCATED WITHIN SAID SPECIAL FLOOD HAZARD AREA. I FURTHER CERTIFY THAT I HAVE SET ALL SUBDIVISION MONUMENTS AND DESCRIBED THEM ON THIS FINAL PLAT AS REQUIRED BY THE PLAT ACT (765 ILCS 205/). 1 FURTHER CERTIFY THAT THE PROPERTY SHOWN ON THE PLAT HEREON DRAWN IS SITUATED WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE, ILLINOIS, WHICH IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE AS AMENDED. GIVEN UNDER MY HAND AND SEAL AT ILLINOIS, THIS DAY OF 20 ILLINOIS PROFESSIONAL LAND SURVEYOR, NO. License Expires Civil Engineering Improvement Plans General 17.The plans generally clear and very well presented. In particular, the use of large scale intersection details greatly assists in design, review and construction and should be encouraged for all subdivisions. 18.The word "Contact" is misspelled where contact information is provided on sheet 1. 19.Sheet 3b, which was added to provide specifications for curb & gutter, street lighting, and paving, should be referenced in the "Index to Sheets" on Sheet 1. 20. Sheet 5, the Overall Plan, is still not included in the plans. 21.On Sheet 97 the YBSD construction details are poor quality and difficult to read. These should be replaced with more legible details. 22.The topsoil stockpile should be located on the Erosion Control Plan and protected with silt fence. The engineer has advised that the stockpile locations have not been finalized and will be added upon determination. 23.The grading plans should show proposed contours. The designer has requested relief from the City for this requirement. GAP.bim Orkv lle12004lY00415 Theidel Properly(PUlte Homes)IDosllwywrolO5LIni12Final�020oc 24.Trench Backfill should be shown at all the required locations. The designer's response is that this has been provided when, in fact, it has not been provided. Stormwater Management 25.We are currently completing the review of the revised Drainage and Storm Sewer Sizing Report and will issue comments regarding this report under a separate cover. Conclusion We recommend approval of the Final Plat contingent on the corrections cited above and contingent on final engineering approval. A copy of the corrected Final Plat should be reviewed prior its recording. If you have any questions regarding the above or require additional information, please contact our office. Sincerely, ENGI EERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Mark G. Scheller, P.L.S. Project Manager pc: Bart Olson, Assistant City Administrator Lynsey Johnson, Administrative Assistant Travis Miller, Economic Development Director Matt Cudney, Pulte Homes KMH/PJH, SEC Q 630-553-7646 DMS, Thomson Surveying Q 847-318-9792 JWF, JTW- EEI G%Public\YorkvilleMO4\YOU415 Theidel Propedy(Pulle Homes y\Doc9wywrolOSUni12Fina602.doc STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE REVISED PRELEMNARY PLAN OF SUBDIVISION FOR BAILEY MEADOWS WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Revised Preliminary Plan of Subdivision for the Bailey Meadows Subdivision; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Revised Preliminary Plan of Subdivision; and WHEREAS,the City Council finds that the criteria of the City Compensatory Storage Ordinance required to modify the compensatory storage ratio have been met. NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Revised Preliminary Plan of Subdivision for the Bailey Meadows Subdivision, is approved and all appropriate City officials are hereby authorized to execute same subject to staff comments and legal review. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2006- ORDINANCE AMENDING CITY CODE TITLE 6—TRAFFIC, CHAPTER 2—PARKING REGULATIONS REGARDING PARKING OF NONMOTORIZED VEHICLES Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above) regarding an exception to the current restrictions on the parking of nonmotorized vehicles for such vehicles parked at an active work site, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 6 -- Traffic, Chapter 2—Parking Regulations by amending Section 6-2-3(F) as depicted on the attached Exhibit "A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting,that Title 6 -- Traffic, Chapter 2—Parking Regulations of the City Code of the United City of Yorkville is hereby amended by amending Section 6-2-3(F), as depicted on the attached Exhibit"A". This Ordinance shall be effective upon its passage. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT"A" AMENDMENT TO SECTION 6-2-3(F) PARKING OF NONMOTORIZED VEHICLES Section 6-2-3(F) shall be amended by inserting into said section the new tent identified by bold italics and underlined below: F.Parking Of Nomotorized Vehicles: There shall be no parking permitted on city rights of way or city streets, for detached nonmotorized vehicles of any kind, including, but not limited to, trailers, semitrailers, utility trailers, construction equipment, and any other detached nonmotorized type vehicle except for construction or business nonmotorized vehicles that are parked at an active construction site ("active"being defined as "work is being conducted at the location on the day same day') in which case the nonmotorized vechicle may be parked during daylight hours, must be removed before dark and must be secured by chocks upon both left and right side tires and shall be identified by cones, placards or other warning device placed both in front and behind the nonmotorized vehicle,. Violation of this subsection shall result in a fine of fifty dollars ($50.00) per occurrence. (Ord. 99-26, 12-16-1999, ----2006) MINUTES OF THE REGULAR MEETING-M THE CITY UN COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE E:ENDALL COUNTY II.LINO HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,APRIL 25.2006. Mayor Prochaska called the meeting to order at 7:45 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milscbewski called the roll. Ward 1 James Present Leslie Present(left meeting between 8:00&8:05;9:30&9:35) Ward B Burd Present(left meeting between 8:00 and 8:05) Wolfer Present(left meeting between 9:30 and 9:35) Ward ID Bock Present(left meeting between 9:30 and 9:35) Morris Present Ward N Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell(until 8:55),Interim City Administrator Crois,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dimas, Director of Park&Recreation Mogel,Community Relation Manger Spies and Assistant City Administrator Olson. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska asked that the vote on the ordinance approving the 2006-2007 Fiscal Budget be moved from under the Mayor's Report to under Additional Business. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,May 1,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,April 27,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,May 4,2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M.,Thursday,May 11,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M.,Tuesday,May 9,2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS None. PUBLIC HEARINGS None. CFPIZEN COMMENTS None. The Minutes of the Regular Meeting of the City Council—April 25,Z006—paee 2 CONSENT AGENDA I. Raintree Village Unit I—Earthwork Bond Reduction 92-authorize reduction in ant amount not to exceed$184,516.13(PW 2006-57) 2. Raintree Village Unit 1—Sitework Bond Reduction 92-authorize reduction in an amount not to exceed$206,141.26(PW 2006-58) 3. Raintree Village Unit 2—Bond Reduction#1-authorize reduction in an amount not to exceed$2,571,787.42(PW 2006-59) 4. Raintree Village Unit 3—Bond Reduction#1-authorize reduction in an amount not to exceed$1,546,304.39(PW 2006-60) 5. Raintree Village Unit 4—Letter of Credit Reduction#1 -authorize reduction in art annount not to exceed$374,881.88(PW 2006-61) 6. Raintree Village Unit 5—Earthwork Letter of Credit Reduction#2-authorize reduction in an amount not to exceed$70,213.41(PW 2006-62) 7. Raintree Village Unit 5—Sitework Letter of Credit Reduction-#1-authorize reduction in an ariount not to exceed$1,581,230.73(PW 2006-63) 8. Raintme Village Route 126 Temporary Entrance—Bond Reduction#1-authorize reduction in an amount not to exceed$4,551.48(PW 2006-64) 9. Fox Hill Unit 6(Lots 3&4)—Plat of Easement-authorize the Mayor mid City Clerk to execute(PW 2006-65) 10. Yorkville Business Center(Lot 18)-Plat of Easement-authorize the Mayor mid City Clerk to execute(PW 2006-66) 11. Gruber-Kostal Dental Building-Plat of Easement-authorize the Mayor and City Clerk to execute(PW 2006-67) 12. Kennedy Road PRV Station-Plat of Easement-authorize fire Mayor mid City Clerk to execute(PW 2006-68) 13. Raymond Storm Sewer Outfall-Plat of Easement-authorize the Mayor and City Clerk to execute(PW 2006-69) 14. Deuchler Engineering Agreement for FPA Expansion—Hatmer Properly-authorize the Mayor mid City Clerk to execute,subject to receipt of deposits front property owner(PW 2006-69) 15.Resolution 2006-30-2006 Crack Filling Project—MFT Appropriation Resolution- authorize City Clerk to execute(PW 2006-72) 16. Resolution 2006-31—FY 06/07 General Maintenance MFT Resolution-authorize City Clerk to execute(PW 2006-75) 17. Fox Hill SSA Maintenance Bid Results—approve bidfront English&Sonsfor FY 06107 (PW 2006-77) 18. Ordinance 2006-32—Amending Ordinance 2003-79 and Repealing Ordinance 2005-40 Establishing Municipal Water Connection Fees-authorize the Mayor and City Clerk m execute(PW 2006-18) 19. Engineering Enterprises Inc.(EEI)Agreement for Engineering Services for South Waterworks System Improvements-aulhorme the Mayor mid City Clerk to execute subject to developer funding(PW 2006-74) 20. Fox Hill Subdivision—First Amendment to Recapture Agreement-authorize the Mayor and City Clerk to execute(PW 2006-56) 21. Proposal for Alarm Installation and Monitoring—award to Wire Wizard of Illinois,Inc. and authorize the Mayor and City Clerk to execute(PW 2006-76) 22. Plats of Dedication—Kennedy and Mill Roads-authorize the Mayor,City Clerk and City Engineer to execute(PW 2006-78) 23. Samvanos Development—Supplemental Letter of Credit Amount-authorize reduction in an amount not to exceed$490,864.75(PW 2006-79) 24. Plotter Purchase for Engineering Department—authorize in an amount not to exceed $19,349.00fron CDWG,Inc (CC 2006-02) 25. Monthly Treasurer's Report for February 2006(ADM 2006-26) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,James-aye,Mums-aye,Burd-aye, Spears-aye,Bock-aye,Bosco-aye,Leslie-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Mayor Prochaska reported that the Zoning Board of Appeals dealt with the sign issue on Routes 126 and 47.The petitioner was requested three signs however the ZBA recommended two signs. The Minutes of the Regular Meeting of the City Council—April 25.2006—maee 3 MINUTES FOR APPROVAL Alderman Leslie noted a correction needed on page 6;the salary for the Aldermen,City Clerk and City Treasurer should be corrected to$3600.00 per year. Alderman Burd stated that she disagreed with what the minute taker noted she said on page 8; first paragraph. She asked that the minutes be changed to state"She felt the person should report to the City Council." She also noted a change to paragraph three of the same page"....she was disappointed that some Council members who did not want it formation felt no one should get the information." A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting of March 21,2006 as corrected;seconded by Alderman Bock. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated April 13,2006 totaling the following amounts:checks in the amount of $1,568,330.20(vendors);$167,747.41(payroll period ending 4/1/06);for a total of $1,736,077.61;seconded by Alderman Wolfer. Alderman Spears stated that she requested that the City Attorney verify if Special Service Area (SSA)funds could be used for the mowing bid advertising for Fox Hill. Attorney Wyeth stated that he checked into the matter and the SSA funds cannot be used for this because the advertising is not part of the actual maintenance of the Fox Hill open spaces. She also asked that the line item on page 23 for Kathleen Field Orr($2,465.00)indicate that the charge was for TIF related expenses. Mayor Prochaska asked that Clerk Milschewski note this on the bill list that is kept with the minutes. Motion approved by a roll call vote. Ayes-8 Nays-0 Jannes-aye,Munns-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye REPORTS MAYOR'S REPORT Swearing-in Officer Jacob Bledsoe Mayor Prochaska,Chief Martin and Police Commissioner Bob Johnson swore in Jacob H. Bledsoe as a United City of Yorkville police officer. Jose Garcia,a former teacher of Officer Bledsoe,addressed the City Council and explained that in thirty-four years of teaching, approximately 100 kids per year,Officer Bledsoe was an exceptional student he will never forget. He told the City Council that Yorkville was getting a good police officer for its force. Resolution 2006-32 Endorsing Implementation of the Kendall County Open Space and Natural Areas Plan Mayor Prochaska entertained a motion to approve a resolution endorsing the implementation of the Kendall County Open Space and Natural Areas Plan,as presented. So moved by Alderman James;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Absent-2 Munns-aye,Besco-aye,Leslie-absent,Wolfer-aye, James-aye,Bock-aye,Burd-absent,Spears-aye Board Appointments Mayor Prochaska gave the City Council an update of the board appointments needed for the upcoming year. He listed openings on the Human Resource Commission,Fagade Committee, Park Board,Plan Commission and the Fire&Police Commission. He noted the individuals who have asked to be reappointed to their perspective boards along with the positions open on others. He stated that he would be presenting the appointments at the next City Council meeting and he would like the City Council to vote on them collectively CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. The Minutes of the Regular Meeting of the City Council—April 25.2006—nape 4 CITY CLERK'S REPORT No report CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. DIRECTOR OF PARKS&RECREATION REPORT Director Mogle reported that the summer brochure is completed and resident should be seeing it in their mailboxes within the next week. Alderman Burd added that the United Way gave the Park&Recreation Department a$10,000.00 grant and she complimented Director Mogle for his efforts. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006-33 Preliminary PUD Plan-Westbury South Village (PC 2006-08) A motion was made by Alderman Munns to approve an Ordinance approving the Preliminary Planned Unit Development Plan for the South Village at Westbury,as presented,subject to final legal and staff review;seconded by Alderman Burd. Alderman Besco thanked the management of Westbury for working with the adjacent landowners regarding a berm and fencing. Attorney Dan Kramer noted that the Park Board is still working on the positioning of the fence;on city property versus the owner's property. Alderman Spears asked if this development would have an SSA. Attorney Wyeth stated that the prior Annexation Agreement provides for an SSA however the amendment does not. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-2 Leslie-aye,Wolfer-present,James-aye,Munns-aye, Burd-aye,Spears-present,Bock-aye,Besco-aye Ordinance 2006-34 Amending PUD Amendment-Westbury East Village (PC 2006-09) A motion was made by Alderman Morris to approve an Ordinance amending the Planned Unit Development Agreement for the East Village at Westbury,as presented,subject to final legal and staff review;.seconded by Alderman Burd. Attorney Dan Kramer noted that this was the former Undesser Paton and that the development will have 78 less units of residential and more commercial. He also noted that it received a favorable vote from the Plan Commission, Mayor Prochaska noted that the original Annexation Agreement provides for an SSA. The Minutes of the Regular Meeting of the City Council—April 25.2006—raee 5 Alderman Spears stated that while it is an excellent development,she felt that the City should back off on developments until infrastructure is in place. Mayor Prochaska noted that this developer helped finance the sewer interceptor and water to the north side of the City. He also noted that they are talking with the City regarding the Route 47 widening. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Wolfer-aye,James-aye,Munns-aye,Burd-aye, Spears-present,Bock-aye,Besco-aye,Leslie-aye Ordinance 2006-35 Authorizing the Execution of an Annexation Agreement Woodstone (PC 2006-03) A motion was made by Alderman Munns to approve an Ordinance authorizing the execution of an Amexation Agreement with Frank J.Calabrese and CCTF 500,LLC for the development known as"Woodstone",and authorizes the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Burd. Alderman Burd asked if this development bad an SSA and Mayor Prochaska stated it did not;this was an office/commercial development. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye Ordinance 2006-36 Annexing-Woodstone A motion was made by Alderman Munns to approve an Ordinance annexing territory known as "Woodstone"in furtherance of an Annexation Agreement with Frank J.Calabrese and CCTF 500,LLC and authorizes the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Besco. Mayor Prochaska noted that a majority vote was needed to annex the property. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Burd-aye,Spears-aye,Bock-aye, Besco-aye,Leslie-aye,Wolfer-aye,James-aye Ordinance 2006-37 Rezoning-Woodstone A motion was made by Alderman Munns to approve an Ordinance rezoning certain property known as"Woodstone"in furtherance of an Annexation Agreement with Frank J.Calabrese and CCTF 500,LLC and authorizes the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye, Leslie-aye,Wolfer-aye,James-aye,Munns-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report;items were removed from the agenda prior to the meeting. ADDITIONAL BUSINESS Ordinance 2006-38 Approving the 2006-2007 Budget A motion was made by Alderman Wolfer approving the United City of Yorkville Fiscal Year 2006-2007 Budget,as corrected by Assistant City Administrator Olson,and directs the City Clerk to file a certified copy of the Ordinance with the Kendall County Clerk;seconded by Alderman James. Alderman Morns clarified that a simple majority was needed to pass the budget. Mayor Prochaska clarified that the budget needed to be approved before the end of the fiscal year on April 30,2006. There was some discussion regarding the presentation of the budget information to the City Council with enough time for them to review it. Alderman Wolfer felt the Council had sufficient The Minutes of the Regular Meeting of the City Council—April 25,2006—page 6 time to review and address questions whereas Aldermen Spears and Burd did not. Alderman Spears cited the reason for the Council receiving the April 17,2006 memo which addressed her budget concerns(see attached)just prior to tonight's meeting was that while she submitted her concerns to the staff,she did not distribute them to the City Council. She felt that further review of the budget was necessary. The City Council continued their earlier discussion(at the Special Committee of the Whole meeting held just prior to the City Council meeting)on the 2006-2007 Fiscal Budget. Items discussed were: • Hand Tools—page 19-$2,000.00—The inventorying of tools was discussed and Interim City Administrator Crois clarified that the inventory process has not been implemented because how it should be done was still under discussion. • Park&Recreation Cell Phones—page 26—line item increased 45%-some Council members felt the amount spent for the telephones was too high. Director of Park& Recreation Mogle indicated that twelve to fourteen employees have cell phones. Director Mogle and Administrator Crois stated they would investigate the cell phone plan further to see if better rates are available. • Park&Recreation Budget—page 27—overall budget up 25%-Administrator Crois clarified that the Park&Recreation Budget decreased last fiscal year when the budget was revised mid-year. The amount in this year's budget is comparable to last year's original budget amount. • Insurance Premiums-$800,000.00—Alderman Munns stated that he felt that insurance premiums should be addressed as they increase every year. He felt that staff should contribute to this. Administrator Crois indicated that this topic will be addressed in the near future. Alderman Bock noted that Alderman Spears was not present at a previous Special Budget meeting and he asked which items addressed in the April 17,2006 memo she would specifically like addressed. The following items from that memo were discussed: • Sponsorships-page 2-$1,500.00-Alderman Spears felt that this amount should be increased because the Human Resource Commission ran out of funds. She asked the City Council to approve an increase. There was some discussion regarding this. Mayor Prochaska suggested that the current amount remain until the budget is revised. He stated that by that time,the actual amount needed could be determined. • Transfer to Parks and Recreation -page 3-$1,025,329.00- Alderman Spears stated that she would like to take the$17,000.00 for the purchase of a new van out of the budget because there is no documentation indicating the need for the vehicle. She suggested that it be readdressed at mid-year.After a lengthy discussion regarding the need and use for the van,this item was left in the budget. • Salaries—Employees—page 4-$45,000.00 for Project Manager-Alderman Spears expressed her opinion that she felt that this position was unwarranted. She felt that despite the documentation from the department head,she felt that employees in this department are being promoted without the qualifications or education required for the positions. She asked that this be removed from the budget and readdressed mid-year. There was a lengthy discussion regarding the need for the position,the job description, education needed,other new hires needed in various departments,better planning for future new hires,etc.After a lengthy discussion,this item was left unchanged. • Community Relations—page 5-$6,000.00 -Alderman Spears requested that this line item be increased$1,000.00 for the Police Department so that they can use the funds to be more interactive with the community. Chief Martin suggested that this line item remain the same and be addressed at mid-year. Alderman Burd suggested moving $1,800.00 from the Park&Recreation Budget to this line item. She noted that since a $10,000.00 grant from the Untied Way is in place they will not be using these funds for scholarship programs. It was the consensus of the City Council to move the funds. • Computer Workstations—page 14-$1,500.00-Alderman Spears questioned the need for a laptop to be used by the Parks&Recreation Department to track playground inspections and give power point presentations at meetings. She questioned at which meetings presentations were given. Director Mogle explained that the laptop was primarily needed for the playground inspection but he felt it would also be useful at a variety of meetings.After some discussion,this item was left unchanged. • Contingency—page 15-$796,759.00—Alderman Spears asked if this line item changed before the meeting. Assistant City Administrator Olson noted that the determination of this figure was based on the revised budget and he did not have these figures yet. The Minutes of the Reeular Meeting of the City Council—April 25.2006—page 7 o Salaries-Employees—page 25-$383,107.00-Alderman Spears questioned if the Special Program Coordinator's position was warranted. There was discussion regarding the position's duties,the direction of the Community Relations Department,why the position reports to Parks&Recreation Department,etc. After some discussion,this item was left unchanged. o Beecher Deposit Refund—page 26-$1,500.00-Alderman Spears noted that funds were reduced because City staff will not be monitoring the Beecher Center rentals. She questioned if Senior Services Associates were paying for this service now and if so where were they getting the funds. She asked if the Special Program Coordinator could handle the rental duties. Director Mogle and Administrator Cmis clarified that Senior Services Associates only schedules the use of the building and that the City collects deposits and rents for the building.After some discussion,this item was left unchanged. o Program Expenses—page 26-$50,400.00-Alderman Spears questioned the increase from last year. Alderman Spears asked for the chart that was to have been attached to the April 17"memo. Assistant City Administrator Olson did not have the chart available and noted that it indicated that there was a deficit last year thus this years increase. Aldermen Wolfer,Bock and Leslie left the meeting at approximately 9:30. While they were out of the chamber,Alderman Spears noted that she was Finished discussing her concerns and called the question. Alderman James asked the absent aldermen to return to the meeting. Mayor Prochaska stated that the motion on the floor was to approve the 2006/2007 Budget,as corrected by Assistant City Administrator Olson. He noted that City Council asked that funds from Parks&Recreation Department Scholarship Program line item($1,800.00)be moved to the Police Department'Public Relations line item. He entertained a motion to allow the additional change to the budget. So moved by Alderman James;seconded by Alderman Bock. Motion to amend the 20062007 Budget approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye, Munns-aye,Burd-aye,Spears-aye,Bock-aye Alderman Leslie asked what happened if the budget did not pass. Mayor Prochaska explained that a new budget was needed by the beginning of the fiscal year on May 1,2006 and the Council would have to meet again until it was approved. Motion to approve the 2006/2007 Budget defeated by a roll call vote. Ayes-3 Nays-5 Besco-nay,Leslie-nay,Wolfer-aye,James-aye, Munns-nay,Burd-nay,Spears-nay,Bock-aye There was discussion as to when to convene the next meeting. Mayor Prochaska noted that the soonest the next meeting could be held would be Friday,April 28,2006. Attorney Wyeth stated that the meeting could also be adjourned to a date,place and time certain. Alderman Wolfer asked Alderman Leslie what his reservations were to approving the budget. Alderman Leslie explained that his concern was with the thirty-two points that Alderman Spears raised. He expressed his concem that even after several more hours of discussion,nothing would be resolved. A motion was made by Alderman Leslie to reconsider;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-5 Nays-4 Leslio-aye,Wolfer-aye,James-aye,Munns-nay, Burd-nay,Spears-nay,Bock-aye,Besco-nay,Prochaska-aye Mayor Prochaska restated the motion;to approve the 2006/2007 Budget,as corrected by Assistant City Administrator Olson and including the moving of a line item from the Parks& Recreation Department to the Police Department Alderman Burd expressed her concern that aldermen would allow time consideration to interfere with the discussion of the budget. Alderman Munns expressed his concern that City plans to hire too many people this year. He felt that the budget is too big and that some things should be taken out of it. Mayor Prochaska explained the amount of the budget cannot be reduced because it is based on revenues and expenditures. Alderman Munns stated that funds should be spent on"needs"such as infrastructure projects versus"wants"such as recreation programs. Mayor Prochaska asked why Alderman Munns did not express his concerns at previous meetings. Alderman Munns stated that The Minutes of the Regular Meeting of the City Council—April 25.2006—nape S he did express his concerns about insurance co-pays at earlier meetings. He noted that the police officers have a copay of$45.00/employee. Mayor Prochaska and Chief Martin clarified that the police officers do not have a copay;a$45.00 1employee copay is allowed by the police contract but is not charged. There was further discussion regarding revenues and expenditures,the economy,timeliness of receiving budget information,the number of budget meetings before tonight,the City Council not working together,etc. Motion approved by a roll call vote. Ayes-5 Nays-4 Wolfer-aye,James-aye,Munns-nay,Burd-nay, Spears-nay,Bock-aye,Besco-nay,Leslie-aye,Prochaska-aye There was no other additional business to come before the City Council. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer;seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:53 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 8FT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Conference Room Tuesday,April 18,2006—7:00 pm In Attendance: Citv Art Prochaska- Mayor John Crois—Interim City Administrator Jim Bock—Alderman Bart Olson—Assistant City Administrator Rose Spears -Alderwoman John Wyeth—City Attorney Dean Wolfer—Alderman Travis Miller—Community Development Director Marty Munns - Alderman David Mogle—Parks &Rec. Exec. Director Harold Martin—Chief of Police Eric Dhuse—Director of Public Works Denise Kasper—Payroll &Benefits Specialist Guests Heather Gillers—Beacon News Kathy Farren—Kendall County Record Kelly Kramer—Attorney Jeff Freeman—EEI Lynn Dubajic—YEDC Stephanie Sheetz—Protect Kendall Now Matt Pagoria-Ryland Homes John Philipchuck Paul Leder John Zediky(sp?) James (illegible last name) Bill Woodward—KLOA Rick Murphy Robert Olvre (sp?) Rob Gamrath—Quarles & Brady Mayor Prochaska called the meeting to order at 7:17pm. PRESENTATION: Stephanie Sheetz of"Protect Kendall Now"was present to give an update of her organization. She stated the goal is to increase the pace of land preservation in Kendall County. In a previous appearance before the City Council she had stated there were three phases to accomplish that goal: 1. Multi-faceted public awareness campaign(ran September to November 2005) 2. Master plan for the County 3. Begin implementation, working with CorLands and Fox Valley Land Foundation, contact landowners who are willing to hear options There was a cross-section of 30 representatives on the steering committee to develop a master plan. A media campaign was then launched in the Fall and five public information meetings were held throughout the County in mid-January. Ms. Sheetz referred to the comment sheets from those meetings. She also showed one of the TV commercials for her organization. Page 2 of 8 A map was compiled that identified areas the organization wishes to protect. The four identified areas are: 1. Existing open space—preserved and public (includes all park lands) 2. Existing open space—preserved and private 3. Open space opportunities—all adopted plans 4. Additional open space opportunities If all these were implemented,the County would have 21%open space. Now, Ms. Sheetz is appealing to the County and municipalities for support. She said at this time, they do not have money to purchase property and that funding will be an issue. A resolution in support of this organization was listed under the Mayor's report. The resolution will supply vision when speaking with property owners. This resolution(no funding or contractual agreements)will move forward to City Council for consideration next Tuesday. DETAIL BOARD REPORT BILL LIST): The following items on the list were discussed briefly: Page 2: Laptop case: for Administrative laptop computer Page 3: Police—repairs on power supplied to "Council": this referred to repairs for the console of police cars Page 10: Plan development job posting: two positions were posted on three websites and one position was re-posted. Ms. Spears asked for a breakdown of these expenditures. Page 15: Publishing&Advertising: part of discussion above. Page 11: Water Operations Jacket: was a replacement jacket for an employee Page 11: Fox Valley Trading Company: shirts for employees Page 16: Kendall County Record,Fox Hill Mowing: Ms. Spears asked if this expense should be paid for by the SSA. This will be researched by the Attorney. Page 34: Suburban Chicago Newspapers advertising: was for Fox Hill mowing to obtain best bids. Page 23: Kathleen Field Orr: miscellaneous expense for TIF will be included in ledger. Mr. Crois will check on this. Ms. Spears asked for a breakdown of the duties that former Finance Director Traci Pleckham is performing. Page 30: Consultation with Mike Schoppe: These were projects on which Mr. Schoppe had begun work and they are being transitioned to the City. Page 32: Software performance: Ms. Spears said she had requested a list of all contracts the City has. Mr. Crois will talk with Ron Robinson. The bill list will move forward to City Council for consideration. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: Ms. Spears said she would like to pull item#17 from these items and place it under Public Works. (#17 is Fox Hill SSA Maintenance Bid Results.) English& Sons Landscape was the recommended vendor and it was noted that their bid was the lowest and they had done the work the Page 3 of 8 previous year. One other bidder did not leave an address and a second one did not complete the form properly. The item was not pulled from the consent agenda following this brief discussion. MAYOR: 1. Draft Resolution in Support of Kendall County Open Space and Natural Areas Plan This item was discussed as part of the opening presentation. Z. Coffee with the Mayor: April 22"°at Action Graphix, 708 S. Bridge SG Mayor Prochaska noted the date and time for this event. 3. Post Office Update The Mayor said he had asked Joe Wywrot to determine the updates needed for the old Post Office. There is currently $30,000 in the budget to begin work. There was discussion of using it for the Recreation Department and keeping it as open space so it can be easily changed. The Post Office will not open its new facility until April 2401. 4. Proposed FY 2006-2007 Budget The Council needs to pass this budget prior to the start of the new fiscal year and Mayor Prochaska said the Council should meet next week prior to the Council meeting at 6:30pm. If the budget is not passed in time,the City would be open to public tax objections. Mr. Olson said that all changes made had been put in bold and a cover memo and sheet were also included. According to Mr. Crois, an additional $50,000 was generated due to state income and state use taxes. $30,000 was put in the budget for Game Farm Road and Fox Road resurfacing. In addition,the police capital will be increased to $70-75,000. Approval for the New World software will be requested as a result of this increase. Another project slated for the next budget year is the repaving of the City parking lot behind the restaurant downtown. The wearing apparel allowance was also removed from the budget. The Mayor noted that he and some of the Councilmen were willing to donate part of their salaries for employee-only wearing apparel. This line item will be added back in the budget if the donations are received. Some funds were also put into the line item for general and special needs children programs. There was some discussion that the donations should not be shown in the budget and that it is a personal choice to donate a portion of one's salary. There was a brief discussion of a possible tax issue on wearing apparel for City employees. Council members are to notify Mr. Crois if they have questions for the 6:30 meeting next week. AD HOC TECHNOLOGY COMMITTEE: 1. Bid Results for Tower Rental and Wireless Internet Service This item was tabled until the next C.O.W. Page 4 of 8 2. Plotter Quotes A plotter has been found to fit the needs of the Parks and Public Works Departments. The lowest bidder included shipping charges as well. This will move to City Council on the consent agenda. ECONOMIC DEVELOPMENT COMMITTEE: L PC 2006-08 Westbury South Vllage PUD Amendment and Preliminary PUD Plan 2. PC 2006-09 Westbury East Village PUD Amendment and Preliminary PUD Plan Travis Miller reported that the City had discussions with Ocean Atlantic and those issues were detailed in a memo to the City Council by Mr. Miller. His memo recommended postponement of a decision on the proposed annexation agreement revisions. Councilman Munns noted the Plan Commission had voted no on the Westbury South. Attorney Wyeth said the issues had now been resolved and these can be moved to City Council for consideration, subject to having the annexation agreements. 3. PC 2006-03 Woodstone–Annexation and Zoning This item concerns the office development off Rt. 126 and staff concerns have now been resolved. This moves forward to City Council for consideration next week. 4. PC 2006-16 MPI Soutlt–Annexation and Zoning Attorney John Philipchuck was present on behalf of the petitioner MPI. He said he appeared a year ago before City Council with a concept plan. Since then, he has met with staff and they are now requesting an annexation agreement. While they are not contiguous to the current City limits, they are working with other developers to create infrastructure. This development would eventually reach the Caton Road business corridor. He then introduced John Martin of GenLand who reviewed some of the changes made to the plan. Mr. Martin presented an overview of the proposed development area. He said a 67-acre high school site had been added and he discussed the density and building plans for the area. Wheeler Road will be realigned as part of this plan. Mr. Philipchuck noted that the trail system plan coincided with that of Protect Kendall Now. Mayor Prochaska stated that a new Public Works facility will be needed and perhaps some upfront fees could be used for that. He would like language included in the agreement that would allow for discussion of this facility and he would like to work with other developers in the area also. The next step will be to work out the annexation agreement. This item will be at a Public Hearing on May 9b. Attorney Wyeth and Mr. Philipchuck will meet to discuss the annexation agreement and it was noted that an SSA will be requested in the agreement. This discussion concluded at 8:50pm. PARK BOARD: No report. Page 5 of 8 PUBLIC WORKS COMMITTEE: 1. PW 2006-18 Proposed Water Connection Fee Increase Public Works Director Dhuse said this issue had come before the Council on January 24th and the only question that remains at this time is which developers will be subject to the increased fees. He noted there was a chart of eligible developers included in the packets. After a brief discussion it was decided to increase the fees effective June 15, 2006. This will move to the consent agenda of City Council. 2. PW 2006-74 Soutl: Waterworks Improvements—EEI Proposal Jeff Freeman of EEI was present to speak about the waterworks improvements for the MPI properties in the south planning area and he showed an exhibit of the area. Regarding the infrastructure needs, he said the developers requested a meeting with staff to talk about the planning for this area. He showed a map depicting the water system and pressure zones and he said the City now uses both shallow and deep water sources. In order to move forward with this infrastructure, Mr. Freeman said a plan with five different projects has been identified. The budget for this plan is over$14 million and is contingent upon receiving funds from the developers. It could begin as early as May and possibly be on-line the summer of 2008. EEI would do the preliminary work as well as design and construction engineering. Mr. Freeman then opened the floor for questions. The fee schedule from page 7 was briefly discussed. Mr. Crois noted that MPI is very anxious to begin work and asked about the contract being approved by the Council subject to funding. This item will move forward to the City Council consent agenda for consideration subject to funding. 3. PW 2006-73 EEI Proposed Hourly Rate Changes This item is for the annual increase for EEI for all job descriptions. Alderman Munns said this had been discussed at Public Works and he proposed to decrease the hourly rate slightly in view of the fact EEI has been given a substantial contract. Their contracts are approved on annual basis. The increases ranged from 4.5%to 10%. Mr. Freeman thanked the City for all the work that the City has awarded to them. He then explained what is covered by the increase being requested and said he felt the increase was comparable to the national average. He gave a detailed explanation of the costs incurred. In 2005, 51% of their billed hours for the upper work classifications were for the City of Yorkville. Mayor Prochaska suggested looking at a tiered program--one with different levels of pay depending on work done in-house billed at one level and other work on another level. Alderwoman Spears added that she was not comfortable with just raising these fees annually. Mr. Freeman suggested perhaps a multiplier could be applied to the billable work for the "plan and review side". The greatest expense from EEI is for plan reviews. It was suggested that the in- house work be done at the 2005 rates and the rest of the money would come from the developers. Page 6 of 8 Mr. Freeman asked if the City would be open to a different 2006 rate schedule to be applied to plan reviews. If new rates can be determined quickly,this discussion will come back to the May 2nd G.O.W. 4. PW 2006-56 Fox Hill Subdivision—Amendment to Recapture Agreement Attorney Wyeth said the City had entered into a recapture agreement in 2003 with Fox Hill Subdivision to catch up the costs of pods 9 and 10 sanitary sewer and water main improvements. This has been completed and has been reviewed by Engineering with an amendment now being drafted. This will move to the consent agenda. S. PW 2006-712005 h¢-Town Drainage Program—Request for Additional Compensation This item was postponed to May 2nd to allow time for the engineer to further review the costs. 6. PW 2006-76 Proposal forAlarm Installation and Monitoring This proposal is for an updated alarm system for the new well treatment facilities and towers and is a continuation of a program started a few years ago. Public Works Director Dhuse said he is very pleased with the company providing this service and that they go above and beyond in their service. This will move to the consent agenda. 7. PW 2006-78 Plats of Dedication—Kennedy and Mill Roads These plats are for the rights-of-way at Mill and Kennedy near the Grande Reserve development. These require City Council approval and will move to the consent agenda. 8. PW 2006-79 Saravanos Development—Supplemental Letter of CreditAmount This letter requests that approval be given for a reduced letter of credit and this will move to the consent agenda. 9. PS 2005-13 Countryside Parkway-Address Changes This item was reviewed by both Public Works and Public Safety. Ms. Spears had requested additional information regarding the cost of changing these addresses. She received a letter written by Michael Robinson,Engineering Technician that stated homeowners would not be required to make legal changes for which they would incur costs. Alderwoman Spears offered to meet with the four residents who would be affected by this address change and ask for their input. In addition, Alderman Wolfer suggested that additional information should be added on the 9-1-1 display to specify "residence". He will check with KenCom and will request something in writing. Eric Dhuse will advise the professional building on Center Parkway of the possible change. This issue will return to Public Safety for further review and a recommendation. PUBLIC SAFETY COMMITTEE: No report. Page 7 of 8 ADMINISTRATION COMMTTTEE: (taken out of order) 3. ADM 2006-32 Bailey Meadows SSA Resolution Declaring Official Intent 4. ADM2006-29 Bailey Meadows SSA 2006-110 Proposing Ordinance It was noted this item came through Administration due to it being fiscal, according to Attorney Wyeth. Mr. Olson said a Public Hearing date of May 23`a has been set and the SSA will be discussed at that time. Mr.Wyeth said this annexation agreement was in place prior to the proposed list of SSA requirements so the new requirements might not be applicable. Matt Pagoria, representing Ryland Homes, said they are the contract purchaser of the Bailey Meadows subdivision and Inland is the property owner. He said Ryland Homes has a tradition of fixed rate SSA policies,but said they would be able to follow the new SSA guidelines. Everything funded by the SSA will be public-related costs. Those costs will include infrastructure improvements along Rte. 47 that will connect to commercial areas and provide utilities. School fees of$2.5 million will also be front-funded. To clarify this,the Mayor said the SSA is not paying the actual school fees,however, capital dollars are being freed to pay these costs. The language of the resolution was briefly discussed. Mayor Prochaska explained that the City approves the expenditures of money and ensures the money is spent on designated items. Ms. Spears asked if this affected the City's bond rating. It was thought that the only effect was possibly on interest rates. This item moves to the City Council meeting next week to set the Public Hearing and for the proposing ordinance. 1. ADM 2006-13 Hiring Policy Alderwoman Spears suggested postponing this item to the May 16th C.O.W. since some of the Councilmen were absent at this meeting. 2. ADM 2006-26 Monthly Treasurer's Report for February 2006 There was no discussion and it will move to the City Council consent agenda. LEGISLATIVE TASK FORCE: L Task Force Report Alderwoman Burd had asked that this item be postponed due to her absence at this meeting and that it be moved to the May 2nd C.O.W. ADDITIONAL BUSINESS: Alderman Munns asked for the definition of"a meeting of the City" as it related to the Legislative Task Force report. He asked this in relationship to the Park Board meetings since a constituent had asked if those meetings were to be conducted in accordance to Roberts Rules. Clarification will be needed and it will be discussed further on May 2"a Page 8 of 8 As there was no fiuther business, the meeting was adjourned at 9:55pm. Minutes respectfully submitted by Marlys Young, Minute Taker 0 cl).o United City of Yorkville Memo '" 800 Game Farm Road ESL -1836 Yorkville, Illinois 60560 � - \ Telephone: 630-553-4350 o;A Fax: 630-553-7575 <GE Eby Date: June 7, 2006 To: Elected Officials From: Bart Olson, Assistant City Administrator CC: John Crois, City Administrator Subject: Downtown TIF Ordinances I received the downtown TIF ordinances late Tuesday afternoon, which is why they were not included in the June 6t' COW packet. Attached, please find the three companion TIF ordinances and exhibits which are scheduled for a vote at the June 13th City Council meeting. To save paper, I have only included one copy of each of the exhibits, as they are the same exhibits for each ordinance and each exhibit has been available for your review for several weeks (legal description of district, map of district,redevelopment project and plan). If you have any questions on the documents contained within this group,please contact me as soon as possible so that I have time to contact Kathi Orr(if need be). V1 A V0 Ic Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING THE UNITED CITY OF YORKVILLE'S DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AND PLAN AND UNITED CITY OF YORKVILLE'S DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA WHEREAS, the Mayor and City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "Municipality"), have heretofore determined that the stable economic and physical development of the Municipality is endangered by the presence of blighting factors as often manifested by progressive and advanced deterioration of structures, by a lack of physical maintenance of such structures, by obsolete and inadequate infrastructure, by obsolete platting, and by deleterious land use and layout, with a resulting decline of the Municipality which impairs the value of private investments and threatens the sound growth and the tax base of the Municipality and the taxing districts having the power to tax real property in the Municipality (the "Taxing Districts") and threatens the health, safety, morals and welfare of the public; and, WHEREAS, the Corporate Authorities have heretofore determined that in order to promote and protect the health, safety, morals and welfare of the public, blighted conditions in the Municipality need to be eradicated and redevelopment of the Municipality be undertaken in order to remove and alleviate adverse conditions, encourage private investment, and, restore and enhance the tax base of the Municipality and the Taxing Districts; and, WHEREAS, the Municipality has heretofore caused to be conducted an eligibility study to determine whether the proposed United City of Yorkville's Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan and United City of Yorkville's Downtown Yorkville Tax Increment Financing Redevelopment Project Area (the "Proposed Area") qualifies as a "redevelopment project area" pursuant to the Illinois Tax Increment Allocation RedeveloprnentAct,as amended(the "Act'), 65 ILCS 5/11-74.4-1 et seq.; and, WHEREAS, the Municipality has heretofore evaluated various lawfully available programs to provide such assistance and has determined that the use of tax increment allocation financing is necessary to achieve the redevelopment goals of the Municipality for the Proposed Area; and, WHEREAS, the Municipality held a public meeting on February 13, 2006, to advise the public taxing districts, taxpayers and residents in the Proposed Area of the Municipality's intent to prepare a redevelopment plan and designate a redevelopment project area (the "Community Meeting"); and, WHEREAS, due notice in respect to the Community Meeting was given pursuant to Section 11-74.4-6 of the TIF Act, said notice was sent by certified mail to the Taxing Districts on January 25, 2006, and by mail to each residential address and taxpayer within the Proposed Area on or about January 25, 2006; and, WHEREAS, at the Community Meeting, any interested person or affected taxing district was permitted to file with the Municipality written objections and was heard orally in respect to any issues pertaining to the Proposed Area; and, WHEREAS, the Municipality was advised on March 17, 2006, that the Proposed Area qualifies as a "redevelopment project area" under Section 11-74.4-3 of the Act; and, WHEREAS, it is therefore concluded by the Corporate Authorities that the Proposed Area remains qualified as a 'redevelopment project area" under Section 11-74.4-3 of the Act as of the date hereof, and, WHEREAS, the Municipality has further caused the preparation of and made available for public inspection a proposed redevelopment project and plan ("Project and Plan") for the Proposed Area; and, WHEREAS, the Project and Plan sets forth in writing the program to be undertaken to accomplish the objectives of the Municipality and includes estimated redevelopment project costs proposed for the Proposed Area, evidence indicating that the Proposed Area on the whole has not been subject to growth and development through investment by private enterprise, an assessment of the financial impact of the Proposed Area on or any increased demand for services from any taxing district affected by the Plan and any program to address such financial impact or increased demand, the sources of funds to pay costs, the nature and term of the obligations to be issued (if any), the most recent equalized assessed valuation of the Proposed Area, an estimate as to the equalized assessed valuation after redevelopment, the general land uses to apply in the Proposed Area, and a commitment to fair employment practices and the Project and Plan accordingly complies in all respects with the requirements of the Act; and, WHEREAS, pursuant to Section 11-74.4-5 of the Act, the Corporate Authorities by a Resolution adopted the 28h day of March, 2006, called a public hearing (the "Hearing") relative to the Project and Plan and the designation of the Proposed Area as a redevelopment project area under the Act and fixed the time and place for such Hearing, being the 23rd day of May, 2006 at 7:00 p.m., at the City Hall, 800 Game Farm Road, Yorkville, Illinois; and, WHEREAS, pursuant to Section 11-74.4-5 of the TIF Act, due notice of the availability of the Redevelopment Plan and Eligibility Report was mailed on or about April 12, 2006, to all residential addresses that, after a good faith effort, the municipality determined were located within 750 feet outside of the boundaries of the proposed redevelopment project area. WHEREAS, due notice in respect to such Hearing was given pursuant to Sections 11- 74.4-5 and 11-74.4-6 of the Act, said notice, together with a copy of the Project and Plan, was sent to the Taxing Districts and to the Department of Commerce and Economic Opporhmity of the State of Illinois by certified mail on April 5, 2006; by publication on May 4, 2006 and May 11, 2006; and, by mail to taxpayers within the Proposed Area on May 11, 2006; by certified mail to taxpayers within the Proposed Area on May 5, 2006; and to each residential address located within the Proposed Area on May 5, 2006; and, WHEREAS, the Municipality has heretofore convened a Joint Review Board as required by and in all respects in compliance with the provisions of the Act; and, WHEREAS, the Joint Review Board has met at the times and as required by the Act and has reviewed the public record, planning documents and a form of proposed ordinance approving the Project and Plan; and, WHEREAS, the Joint Review Board has adopted by a majority vote an advisory, non- binding recommendation that the Municipality proceed to implement the Project and Plan and to designate the Proposed Area as a redevelopment project area under the Act; and, WHEREAS, the Joint Review Board based its decision to approve the proposal on the basis of the Proposed Area and Project and Plan satisfying the Plan requirements, the eligibility criteria defined in Section 11-74.4-3 of the Act, and the objectives of the Act; and, WHEREAS, the Municipality held the Hearing on May 23, 2006, at the City Hall, 800 Game Farm Road, Yorkville, Illinois; and WHEREAS, at the Hearing, any interested person or Taxing District was permitted to file with the Municipal Clerk written objections and was heard orally in respect to any issues embodied in the notice of said Hearing, and the Municipality heard and determined all protests and objections at the Hearing; and, WHEREAS,the Hearing was adjourned on the 23`a day of May, 2006; and, WHEREAS, the Project and Plan set forth the factors which cause the Proposed Area to be blighted, and the Corporate Authorities have reviewed the information concerning such factors presented at the Hearing and have reviewed other studies and are generally informed of the conditions in the Proposed Area which could cause the area to be a "conservation area" as defined in the TIF Act; and, WHEREAS, the Corporate Authorities have reviewed evidence indicating that the Proposed Area on the whole has not been subject to growth and development through investment by private enterprise and have reviewed the conditions pertaining to lack of private investment in the Proposed Area to determine whether private development would take place in the Proposed Area as a whole without the adoption of the proposed Project and Plan; and, WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to real property in the Proposed Area to determine whether contiguous parcels of real property and improvements thereon in the Proposed Area would be substantially benefitted by the proposed Project improvements;and, WHEREAS, the Corporate Authorities have made an assessment of any financial impact of the Proposed Area on or any increased demand for services from any taxing district affected by the Project and Plan and any program to address such financial impact or increased demand; and, WHEREAS, the Corporate Authorities have reviewed the proposed Project and Plan and also the comprehensive plan for development of the Municipality as a whole to determine whether the proposed Project and Plan conform to the comprehensive plan of the Municipality. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Findings. The Corporate Authorities hereby make the following findings: (a) The Proposed Area is legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. A map showing the street location for the Proposed Area is depicted in Exhibit B attached hereto and incorporated herein as if set out in full by this reference. (b) There exist conditions which cause the Proposed Area to be subject to designation as a redevelopment project area under the Act and to be classified as a"blighted" area as defined in Section 11-74.4-3 of the Act. (c) The Proposed Area on the whole has not been subject to growth and development through investment by private enterprise and would not be reasonably anticipated to be developed without the adoption of the Project and Plan. (d) The Project and Plan conform to the comprehensive plan for the development of the Municipality as a whole. (e) As set forth in the Project and Plan and in the testimony at the public hearing, the estimated date of completion of the Project is no later than December 31, 2029, and the estimated date of the retirement of any obligation incurred to finance redevelopment project costs as defined in the Project and Plan is no later than the year 2030. (f) The parcels of real property in the Proposed Area are contiguous, and only those contiguous parcels of real property and improvements thereon which will be substantially benefitted by the proposed Project and Plan improvements are included in the Proposed Area. Section 2. Exhibits Incorporated by Reference. The Project and Plan which were the subject matter of the public hearing held on the 23`d day of May, 2006, are hereby adopted and approved. A copy of the Project and Plan is set forth in Exhibit C attached hereto and incorporated herein as if set out in full by this reference. Section 3. Invalidity of Any Section. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 4. Superseder and Effective Date. All ordinances, resolutions, motions or orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. ADOPTED this day of 12006. APPROVED: Mayor AYES: NAYS: ABSENT: Attest: City Clerk ExhibitA Legal Description 10 Exhibit B Exhibit C Project and Plan 1i JAMES M. OLSON ASSOGATES,LTD. Illinois Professional Land Surveyon; Land Surveyors&Land Planners .1 107 West Madison Sh»et Yorkville, Illinois 60560 Phone: 630-553-0050 Fax: 630-553-0964 March 24, 2006 Legal Description for City of Yorkville Downtown TIF District That part of Section 32 and part of the West Half of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest comer of the Northeast Quarter of Section 4, Township 36 North, Range 7 East of the Third Principal Meridian; thence North 01°11'52'East parallel with the East line of the Southwest Quarter of said Section 33, a distance of 1356.81 feet to a point on the South line of a tract described in a Quit Claim Deed from Palos Bank and Trust Company, Trust No. 1-1620 to Bruce 0. and Virginia J. Buhrmaster, his wife, recorded as Document No. 83-5890 on Decembai23, 1983 which is 45.43 feet westedy, as measured along said South line, of the Southeast comer of said tract; thence South 88°48'09"East 45.43 feet to said southeast comer, thence North 88 048'09"West along said South line 415.06 feet to a westerly line of said tract; thence North 01°11'52"East along said westerly line 246.0 feet to a southerly line of said tract; thence North 68048'09"West along said southerly line to the West line of the former Fox and Illinois Union Railway Company right-of-way; thence North 08010'520 East along said West line to an 'old claim line"drawn southeasterly from the Southeast comer of Price's First Addition to Yorkville; thence northwesterly along said laid claim linen 486.54 feet to the Southeast comer of said Prices'Addition; thence northedy along the East line of said Price's Addition 367.63 feet to the Northeast comer thereor,, thence westerly along the North line of said Price's Addition 526.3 feet to the midpoint on the South line of Block 13 of Black's Addition to Yorkville;thence northerly 297.85 feet to the midpoint on the North line of said Block 13; thence westerly along the South line of VanEmmon Street 119.50 feet to the East line of Mill Street thence southerly along said East line to the South line of Lot 6 in 'Ter-Jac Subdivision'extended easterly thence westerly along said extended South line, said South line and said South line extended westerly 164.5 feet to the West line of the East 6 feet of Lot 1 in said'Tarlac Subdivision".- thence southerly along said West line 64.11 feet to the South line of said Lot 1; thence westerly along said South line of Lot f a distance of 190.0 feet to the West line of Heustis Street; thence northerly along said West line to a point which is JAMES M. OLSON ASSOCIATES,Lrb. Illinois Professional Land Surveyors Land Surveyors d Land Planners 107 West Madison Street Yorkville, Illinois 60560 Phone: 630-5530050 Fax: 630-553-0964 234.30 feet southerly Of as measured along said West line, the South line of Van�mmon Street thence westerly along a line which tomes an angle of 92°16'with the last described course, measured clockwise therefrom, 175.0 feet thence southerly parallel wlM said West line of Haustis Street 80.0 feet thence westerly parallel with the penultimate course 52.0 feet thence southerly along a line which loans an angle of 88°23'with the last described course, measured clockwise therefrom, 283.50 feet thence westerly along a line which forms an angle of 88°44'with the last described course, measured counterclockwise therefrom, 188.0 feet to the East line of Bell Street thence southerly along said East line 259.04 feet to the South line of Fox Street thence westerly along said South line of Fox Sheet to the East Line of Illinois State Route No. 47;thence southerly along said East line to the South line of Lot 6 in Block 5, Mason's Addition to Yorkwile"'thence westerly along the South line of tots 6 and 7 in said Mason's Addition to the West line of said Route No. 47; thence southerly along said West line to the South line of a tract of land described in a deed recorded January 28, 1988 as Document 880498; thence westerly along the south line of said tract and the south line of a tract described in a deed recorded February 6, 1990 as Document 900871 to the west line of Lot 5 in Block 11 of the Original Village of Yorkville extended southerly, thence northerly along the West line of Lots 5 and 4 in said Block 11 to the Southeast comer of Lot 2 in said Block 11; thence westerly along the South line of said Lot 2 and said South line extended to the West line of South Main Street thence northerly along said West line to the South line of VanEmmon Street, thence westerly along said South line to the East line extended southerly of Lot 3 in Block 4 of Black's Addition to Yorkville extended southerly; thence northerly along said extended East line and said East line to the Northeast comer of said Lot 3; thence northerly along the East line of Lot 4 in said Addition 40.30 feet thence easterly along a line which forms an angle of 69015'with the last described course, measured counterclockwise therefrom, 38.8 feet thence northeasterly along a line which forms an angle of 136°00'with the last described course, measured clockwise therefrom, 14.1 feet thence northerly along a line which forms an angle of 225057'with the last described course, measured counterclockwise therefrom 32.0 feet, thence easterly along a line which fonts an angle of 109'53'with the last described course, measured counterclockwise therefrom, 64.33 feet to the West line of Adams Street, thence northerty along said West line 2 7.0 feet to the North line of said Block 4; thence westerly along said North line 223.82 feet to the JAMES M. OLSON ASSOCIATES,LTD. Illinois professional Land Surveyors Land Surveyors&Land Planners 107 West Madison Street Yorkville, Illinois 60560 Phone: 630-553-0050 Fax' 630.553-0964 East line of Morgan Skeet, thence southerly along said East line 240.55 feat to the center line of VanEmmon Street; thence westerly along said center line and the center line of vacated VanEmmon Street and said center line extended westerly to the East line of Lot 3 in Block 24 of said Black's Second Addition; thence northerly along said east line to the south line of the north 143.0 feet to said Lot 3; thence westerly along the south line of the northerly 1430 feet of Lots 3 and 4 in said Block 24 to the west line of said Lot 4; thence southerly along said west line to the north line of Madison Court; thence westerly along said north tine to the west line of Madison Court; thence southerly to the Northeast comer of Block 23 in said Black's Second Addition, thence westerly along the North line of said Block 23 a distance of 198.0 feet to the Northwest comer thereof; thence southerly along the West line of said Block 23 a distance of 190.0 feet to the South line of Madison Street extended westerly; thence westerly along said extended South line 58.22 feet to a line drawn parallel with and 100.0 feet westerly of the West line of Lot 7 in Block 21 in said Black's Second Addition; thence southerly along said parallel line 99.91 feet to the South line extended westerly of said Lot 7, thence westerly along said extended South line 172.07 feet to the East line of White Oak Farm Unit 1; thence northerly along said East line, said East line extended and the East line of White Oak Farm Unit 2 to the southerly bank of the Fox River, thence easterly along said southerly bank to a line drawn South from the confluence of Blackberry Creek; thence North along said line to the North bank of the Fox River, thence easterly along said North bank to the eastern corporate limits of the United City of Yorkville, thence southerly along said corporate line to the East line of the Southeast Quarter of said Section 33, thence southerly along said East line to the point of beginning in the United City of Yorkville, Kendall County, Illinois. I1 ' v l rrm � O P � r Dm $ m � � a O tdOROAN RT ••• z � $ 1 MAM 9T. T� Brant sr. J � aw 5 RL�G Sr. J !g * 9.MAIN TREE, z a s $ +utTrySpNprz w m. g I TOWER uf. � n HRmOESTtIE n m Q 6 $ .� g R.RT.47 v AQ p T.p - � g 1 Fmu1STa VSrREET 1 MEL ST. OOODO m aie o m - mr - m +T s aw ew aF $ g g _ y N Mt A_ b 444YYY " � $ e y y =• O .. .. $ DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AND PLAN UNITED CITY OF YORKVILLE, ILLINOIS March 24,2006 Prepared by: Ehlers & Associates, Inc. DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AND PLAN UNITED CITY OF YORKVILLE.) ILLINOIS This Redevelopment Plan is subject to review and comment and may be revised after comment and hearing. March 24,2006 Prepared by: Ehlers&Associates, Inc. TABLE OF CONTENTS I. INTRODUCTION................................................................................................................................1 A. Tax Increment Financing..............................................................................................................4 B. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan.....................5 II. LEGAL DESCRIPTION.....................................................................................................................7 III. PROJECT AREA ELIGIBILITY CONDITIONS...........................................................................8 A. Surveys and Analyses Conducted.................................................................................................8 B. Summary of Findings....................................................................................................................8 IV. REDEVELOPMENT GOALS AND POLICIES...........................................................................10 A. General Goals..............................................................................................................................10 B. Redevelopment Objectives..........................................................................................................l l V. REDEVELOPMENT PROJECT.....................................................................................................12 A. Overall Redevelopment Concept................................................................................................12 B. Generalized Land Use Plan..........................................................................................................12 C. Development and Design Objectives..........................................................................................13 D. Redevelopment Improvements and Activities.............................................................................15 E. Redevelopment Project Costs......................................................................................................18 F. Sources of Funds to Pay Redevelopment Project Costs..............................................................23 G. Issuance of Obligations...............................................................................................................23 H. Valuation of the Project Area......................................................................................................25 VI. LACK OF GROWTH AND DEVELOPMENT THROUGH INVESTMENT BY PRIVATE ENTERPRISE....................................................................................................................................28 VII. FINANCIAL IMPACT......................................................................................................................29 VIII. DEMAND ON TAXING DISTRICT SERVICES..........................................................................30 IX. CONFORMITY OF THE REDEVELOPMENT PLAN AND PROJECT TO THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY ASA WHOLE....................................................................................................................................32 X. PHASING AND SCHEDULING......................................................................................................33 XI. PROVISIONS FOR AMENDING THE REDEVELOPMENT PLAN.......................................34 XII. COMMITMENT TO FAIR EMPLOYMENT PRACTICES AND AFFIRMATIVE ACTION PLAN...................................................................................................................................................35 XUL IMPACT ON INHABITED RESIDENTIAL UNITS....................................................................36 FIGURES,TABLES AND EXHIBITS FIGURE 1: PROJECT AREA BOUNDARY......................................................................................2 TABLE 1: TOTAL ESTIMATED REDEVELOPMENT PROJECT COSTS.........♦................22 TABLE 2: PROJECT AREA TOTAL EAV BY TAX PARCEL(PIN) ....................................26 EXHIBIT I DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA ELIGIBILITY STUDY EXHIBIT H DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA HOUSING IMPACT STUDY EXHIBIT III DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA LEGAL DESCRIPTION I. INTRODUCTION This document, entitled Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan, is to serve as a redevelopment plan (the "Redevelopment Plan") for the historic central business district ("Downtown') of the United City of Yorkville, Kendall County, Illinois (the "City"). The redevelopment project area encompasses most of Downtown Yorkville and generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The area is subsequently referred to in this document as the Downtown Yorkville Tax Increment Financing Redevelopment Project Area (the "Project Area"). The Project Area is illustrated in Figure 1 (Project Area Boundary) and legally described in Exhibit III to this Redevelopment Plan. The United City of Yorkville The United City of Yorkville is located in the Fox River Valley of Kendall County approximately 50 miles southwest of Chicago. The City includes land on both sides of the Fox River and is generally bounded by unincorporated portions of Kendall County with the neighboring communities of Montgomery to the north,Oswego to the east,and Plano to the west.Yorkville was originally settled south of the Fox River in 1832 as an agricultural business center with a downtown district along the Fox River. Growth of the community was reinforced by the county seat designation in 1859, the Chicago Burlington and Quincy railroad route established through Yorkville in 1870, and the incorporation of the town in 1887. Based on shared circumstances and vision, the towns of Yorkville and Bristol (the town to the north of the Fox River) combined to form the United City of Yorkville in 1957. Since 1960, the City has steadily grown to a current population of approximately 12,000 persons and is poised for substantial future growth—projected at nearly 35,000 by 2010. The City is primarily a residential community with attractive homes, a traditional Downtown area and growing residential neighborhoods, commercial corridors and industrial areas. The Fox River is a major asset as a natural resource and recreational amenity. As regional growth of the Chicago metropolitan area proceeds southwestward, the City has focused its planning efforts on guiding development to assure a compatible and efficient balance of land uses reflective of the City's small town heritage but also responsive to contemporary development opportunities. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 1 United City of Yorkville,Illinois March 24,2006 , .... .. .......................... ) ) i k ■ I \ a ! ! ` ; � • ` ` � - \ fj { £ § ° ■ 2 , _ • — `�° � — ! \ — mmo ' . _ / | � � / ` ■ . . \ � ) / \ � � ■ ■ ; • + - _ , ° ®/ ' ■ » � ` � \ 5 { , !�� � ` , ■ ; � _% � ■ , � - \� ! � J, I / OZ U.1 � Wj � Downtown Yorkville Tax Increment Financing Redevelopment Project Area The Project Area encompasses some of the oldest properties of Yorkville and constitutes a significant portion of the City's historic Downtown area. The Project Area contains several buildings, sites and groupings of properties that are considered historically or architecturally significant, including Bridge Street frontage and the historic Kendall County Courthouse. Several buildings date from the late 1800s and early 1900s and only a few commercial buildings were built after 1970. The Downtown is generally an active mixed-use area with a range of commercial and retail uses,restaurants/pubs, residential uses, some public and civic uses and several industrial uses that reflect the past dependence on the Fox River and freight rail line at this location for commerce. Yorkville's Downtown was the only business district in the City up until the early 1970s when the City annexed a large area at the intersection of US Route 34 and IL Route 47 ]mown as Countryside Center. Over the past three decades, Countryside Shopping Center and additional retail and commercial businesses have been developed along the intersecting corridors of US Route 34 and IL Route 47 in a pattern that has been traditionally auto-oriented to include strip retail centers, big box uses and businesses with drive-dim facilities. Over this same period, the core retail and commercial functions of the Downtown have diminished significantly. In short, while the outer edges and previously undeveloped areas of the City have benefited from much growth and development,the Project Area has generally lacked new private investment. As a result of these commercial development and general market changes, the City's historic Downtown currently faces a number of challenges and concerns. While the Downtown remains active as a mixed-use area and some limited development and improvements to buildings have occurred in a few blocks, the Project Area as a whole has not benefited from new private investment to revitalize the Project Area on a systematic or significant level. Portions of the Downtown, including the Project Area, show signs of decline, deteriorating physical conditions, vacant and/or underdeveloped sites, sub-optimal land uses, obsolescent buildings, and constrained building and site layouts. These changing conditions and needs must be addressed to ensure the long-term health and viability of the Project Area,the Downtown and the community as a whole. The City recognizes the changing needs and opportunities for growth and development of the Project Area and the incumbent responsibility to plan for such needs and changes on a coordinated and comprehensive basis. Recent planning efforts which address this concern include the United City of Yorkville 2002 Comprehensive Plan, United City of Yorkville Comprehensive Plan Update (February 22, 2005) and United City of Yorkville Downtown Vision Plan (December 2005). These plans set forth recommendations for development and redevelopment of the Project Area and form the basis for many of the recommendations presented in this Redevelopment Plan. As part of its strategy to revitalize the Downtown and stimulate private investment in new development, redevelopment and rehabilitation, the City engaged Ehlers & Associates, Inc. ("Ehlers) to investigate whether the Project Area qualifies as a "conservation area" under the Illinois Tax Increment Allocation Redevelopment Act(the"Act"). Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 3 United City of Yorkville,Illinois March 24,2006 Ehlers surveyed the area identified by the City and referred to as the Project Area to document any conservation area factors that may exist within the Project Area.Ehlers documented these factors in a study entitled, "Downtown Yorkville Tax Increment Financing Redevelopment Project Area Eligibility Study"(the"Eligibility Study"),which is included as Exhibit I to this report. Characteristic conditions in the Project Area include vacant sites and buildings, deteriorated buildings and site improvements, obsolescence due to size and layout, declining or lagging growth in property valuation, inadequate utilities and a general lack of community planning. Overall, the Project Area has not been subject to growth and development through investment by private enterprise and is not reasonably anticipated to be redeveloped without the efforts and leadership of the City. Redevelopment, revitalization and improvement of the Project Area will be a complex undertaking requiring a well-organized development and revitalization strategy to bring about interest and investment on a coordinated basis. Realization of the goals and objectives of the Downtown Vision Plan will require commitment from the City, property owners, residents and developers,as well as a long-term financial plan and commitment. This Redevelopment Plan summarizes the analyses and findings of Ehlers' work, which, unless otherwise noted, is the responsibility of Ehlers. The City is entitled to rely on the findings and conclusions of this Redevelopment Plan in designating the Project Area as a redevelopment project area under the Act. Ehlers has prepared this Redevelopment Plan and the Eligibility Study with the understanding that the City would rely: 1) on the findings and conclusions of the Redevelopment Plan and the related Eligibility Study in proceeding with the designation of the Project Area and the adoption and implementation of the Redevelopment Plan, and 2) on the fact that Ehlers has obtained the necessary information so that the Redevelopment Plan and the related Eligibility Study will comply with the Act. A. Tax Increment Financing In January 1977, tax increment financing ("TIF") was made possible by the Illinois General Assembly through passage of the Tax Increment Allocation Redevelopment Act. The Act is found in Illinois Compiled Statutes, Chapter 65, Act 5, Section 11-74.4-1 et seq., as amended. The Act provides a means for municipalities, after the approval of a redevelopment plan and project, to redevelop blighted, conservation, or industrial park conservation areas and to finance redevelopment project costs (sometimes referred to as "Project Costs" or "Redevelopment Project Costs") with incremental property tax revenues. "Incremental Property Tax" or "Incremental Property Taxes" are derived from the increase in the current equalized assessed valuation("EAV") of real property within the Project Area over and above the "Certified Initial EAV" of the real property. Any increase in EAV is then multiplied by the current tax rate which results in Incremental Property Taxes. A decline in current EAV does not result in a negative Incremental Property Tax. To finance Project Costs, a municipality may issue obligations secured by estimated Incremental Property Taxes to be generated within the Project Area. In addition, a municipality may pledge towards payment of such obligations any part or any combination of the following: (a)net revenues of all or part of any redevelopment project; (b)taxes levied and collected on any or all property in the municipality; (c)the full faith and credit of the municipality; (d) a mortgage on part or all of the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 4 United City of Yorkville,Illinois March 24,2006 redevelopment project; or (e) any other taxes or anticipated receipts that the municipality may lawfully pledge. Tax increment financing does not generate tax revenues by increasing tax rates. This financing mechanism allows the municipality to capture, for a certain number of years,the new tax revenues produced by the enhanced valuation of properties resulting from the municipality's redevelopment program, improvements and activities, various redevelopment projects, and the assessment and reassessment of properties. All taxing districts continue to receive property taxes levied on the initial valuation of properties within the redevelopment project area. Additionally, taxing districts can receive distributions of excess Incremental Property Taxes when annual Incremental Property Taxes received exceed principal and interest obligations for that year and redevelopment project costs necessary to implement the redevelopment plan have been paid and such excess amounts are not otherwise pledged, earmarked or designated for future usage on other redevelopment projects. Taxing districts also benefit from the increased property tax base after redevelopment project costs and obligations are paid and the Project Area's term has expired or has been terminated. A Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan As evidenced in Section VI, the Project Area as a whole has not been subject to growth and development through private investment. Furthermore,it is not reasonable to expect that the Project Area will be redeveloped without the use of TIF. This Redevelopment Plan has been prepared in accordance with the provisions of the Act and is intended to guide improvements and activities within the Project Area in order to stimulate private investment. The goal of the City, through the implementation of this Redevelopment Plan, is that the entire Project Area be revitalized on a comprehensive and planned development basis in order to ensure that private investment in rehabilitation and new development occurs: 1. On a coordinated rather than piecemeal basis to ensure that the land use,pedestrian access, vehicular circulation, parking, service and urban design systems are functionally integrated and meet present-day principles and standards; 2. On a reasonable, comprehensive and integrated basis to ensure that conservation area factors are prevented or eliminated; and 3. Within a reasonable and defined time period so that the area may contribute productively to the economic vitality of the City. The Redevelopment Plan sets forth the overall Redevelopment Project to be undertaken to accomplish the above-stated goal. During the implementation of the Redevelopment Project, the City may, from time to time, (i) undertake or cause to be undertaken public improvements and activities as described in Section V of this Redevelopment Plan and (ii) enter into redevelopment agreements with private entities to construct,rehabilitate,renovate or restore private improvements on one or several parcels(collectively referred to as"Redevelopment Project"). This Redevelopment Plan specifically describes the Project Area and sets forth the conservation factors that qualify the Project Area for designation as a conservation area as defined in the Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 5 United City of Yorkville,Illinois March 24,2006 Section H of the Redevelopment Plan contains the Project Area description of the boundaries of the Project Area. Successful implementation of this Redevelopment Plan requires that the City utilize Incremental Property Taxes and other resources in accordance with the Act to stimulate the comprehensive and coordinated development of the Project Area. Only through the utilization of TIF will the Project Area develop on a comprehensive and coordinated basis,thereby eliminating the conservation area factors, which have precluded development of the Project Area by the private sector. The use of Incremental Property Taxes will permit the City to direct, implement, and coordinate public improvements and activities to stimulate private investment within the Project Area. These improvements, activities and investments will benefit the City, its residents, and all taxing districts having jurisdiction over the Project Area. The anticipated benefits include: • A revitalized Downtown which exemplifies the City's identity and character and serves more effectively as a central location for a core mix of community activities including shopping,business,living,entertainment,recreation,and civic and community gatherings. • The creation of new high-quality multi-family and mixed-use housing opportunities to support the local population, attract new residents and enhance the overall quality and character of the community. • New and improved waterfront features and amenities along and near the Fox River that improve public access, stimulate activity, and integrate with adjacent Downtown development and infrastructure. • The construction of several new public and civic uses(including a City hall and City green) that help to re-establish and reinforce the Project Area and the Downtown as a civic and cultural center of the community. • Enhanced streetscape features and improved parking and infrastructure that improve public access, serve and stimulate activity,and integrate with key Downtown locations. • Adaptive reuse and rehabilitation of historically significant or architecturally unique structures. • An increased property tax base arising from rehabilitated buildings and new private development; • An increased sales tax base arising from rehabilitated and new private development for contemporary retail uses; • An increase in construction,part-time,and full-time employment opportunities for residents of the City; and • Elimination of problem conditions in the Project Area as well as general physical improvement and upgrading of properties. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 6 United City of Yorkville,Illinois March 24, 2006 II. LEGAL DESCRIPTION The boundaries of the Project Area have been carefully drawn to include only real property and improvements substantially benefited by the proposed Redevelopment Project to be undertaken as part of this Redevelopment Plan. The Project Area generally encompasses most of Downtown Yorkville and generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The Project Area boundaries are shown in Figure 1, Project Area Boundary, and legally described in Exhibit lII. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 7 United City of Yorkville,Illinois March 24,2006 III. PROJECT AREA ELIGIBILITY CONDITIONS The conditions summarized in this section are described in detail in a separate report, entitled Downtown Yorkville Tax Increment Financing Redevelopment Project Area Eligibility Study (the 'Eligibility Study"). The Eligibility Study, prepared by Ehlers, presents the definition, application and extent of the conservation area factors in the Project Area. The Eligibility Study is attached as Exhibit I to this Redevelopment Plan. The Project Area conditions documented in this section are based'on surveys and analyses conducted for the City by Ehlers. Based on the definitions set forth in the Act, the Project Area is found to be eligible for (i) classification as a "conservation area" and (ii) designation as a redevelopment project area A. Surveys and Analyses Conducted The summary of findings for the Project Area is based upon surveys and analyses conducted by Ehlers.The surveys and analyses conducted include: 1. Exterior survey of the condition and use of each building; 2. Field survey of environmental conditions covering streets, sidewalks, lighting, traffic, parking facilities,landscaping,fences and walls, and general property maintenance; 3. Analysis of existing uses and their relationships to the surroundings; 4. Comparison of current land use to the current zoning ordinance and the current zoning map; 5. Comparison of surveyed buildings to existing codes of the City; 6. Analysis of original and current platting and building size and layout; 7. Analysis of vacant portions of sites and buildings; 8. Analysis of original and current platting,air photos and building size and layout; 9. Review of previously prepared plans, studies and data; and 10. Review of Kendall County Assessor records for assessed valuations and equalization factors for the Project Area for assessment years 1999 to 2004. B. Summary of Findings To meet the requirements under the Act for designation as a "conservation area," the area must meet the prerequisite that 50 percent or more of the structures in the area must be 35 years of age or more.In addition, a minimum of 3 factors from a total of 13 factors must be present in the area. Based on surveys, inspections and analyses of the Project Area as identified above, the Project Area qualifies as a conservation area. The conservation area findings are summarized as follows: • The Project Area is over 1.5 acres in size. • Of the 114 buildings within the Project Area, 83 percent are 35 years of age or older. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 8 United City of Yorkville,Illinois March 24,2006 • Five of the thirteen factors set forth in the Act for a conservation area are present to a meaningful extent and reasonably distributed in the Project Area,including"obsolescence," "deterioration," "inadequate utilities," "lack of community planning," and "declining or lagging equalized assessed valuation." • An additional five factors, including "dilapidation," "excessive vacancies," "structures below minimum code standards," "excessive land coverage and overcrowding of community structures," and "deleterious land use or layout" are present to a more limited extent but support the overall finding of eligibility as a conservation area. • All blocks within the Project Area show the presence of conservation area factors. • The Project Area includes only real property and improvements thereon substantially benefited by the proposed redevelopment project activities and improvements. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 9 United City of Yorkville,Illinois March 29,2006 IV. REDEVELOPMENT GOALS AND POLICIES Comprehensive and coordinated investment in new public and private improvements and facilities is essential for the successful redevelopment of the Project Area and the elimination of conditions that have impeded redevelopment of the Project Area in the past. Redevelopment of the Project Area will benefit the City through improvements in the physical environment, an increased tax base,new residential and commercial opportunities,new jobs and job training opportunities and an increase in the vitality of the Project Area. This section identifies the general goals and objectives for redevelopment of the Project Area. Section V of this Redevelopment Plan describes the overall redevelopment concept for the Project Area, specific design and development goals and redevelopment activities that the City intends to undertake to achieve the redevelopment goals and objectives presented in this Section. A. General Goals Listed below are the general goals for redevelopment of the Project Area. These goals provide overall focus and direction for this Redevelopment Plan. • An environment that will contribute more positively to the health, safety and general welfare of the Project Area,the City and surrounding communities. • Elimination of the factors that qualified the Project Area as a conservation area. • New investment and development that will preserve or enhance the value of properties within and adjacent to the Project Area, improving the real estate and sales tax base of the City and other taxing districts having jurisdiction over the Project Area. • A strong, vital Downtown achieved through the addition of new destination locations, anchor components,developments and improvements. • Attraction of new high-quality commercial, retail, and residential development that strengthens Downtown as an exciting and diverse mixed-use area. • Improved street,utility and parking infrastructure and an enhanced streetscape environment. • Enhancement and expansion of community facilities in the Project Area, potentially including, but not limited to, a City Hall and City green, a senior center, community center, performing arts center, and new recreational facilities. • Improved access and amenities related to the Fox River. • Preservation and enhancement of historic or architecturally significant buildings. • A strong,positive visual image of the Project Area through attractive and high-quality building design and site improvements. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 10 United City of Yorkville,Illinois March 24,2006 B. Redevelopment Objectives Listed below are the redevelopment objectives which will guide planning decisions regarding redevelopment within the Project Area. • Reduce or eliminate those conditions that qualify the Project Area as a conservation area as documented in the Eligibility Study. • Strengthen the economic well-being of the Project Area and the City by returning vacant or undemtilized properties to the tax rolls. • Encourage a high-quality appearance of buildings, rights-of-way, and open spaces and encourage high standards of design. • Encourage coordinated development of parcels and structures in order to achieve efficient building design and off-street parking and service facilities. • Create an environment and provide incentives that stimulate private investment in the upgrading of buildings and/or expansion of existing businesses and new construction. • Provide needed improvements or facilities in proper relationship to the projected demand for such facilities and in accordance with present-day design standards for such facilities. • Upgrade utilities and infrastructure to provide for contemporary development. • Assemble or encourage the assembly of land into parcels of appropriate shape and sufficient size for redevelopment in accordance with this Redevelopment Plan. • Provide safe and efficient vehicular, bicycle and pedestrian circulation systems which will enable adequate access to,movement within and connections throughout the Project Area. • Where possible,provide for consolidated off-street loading and service facilities which are screened and buffered from adjacent development areas and public streets. • Provide an overall system of signage that will establish visual continuity, understandable way-finding routes,and promote a positive overall image for the Project Area. • Undertake landscaping, lighting and signage improvements to upgrade the appearance of public rights-of-way within and adjacent to the Project Area. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page I I United City of Yorkville,Illinois March 24,2006 V. REDEVELOPMENT PROJECT This section presents the Redevelopment Project anticipated to be undertaken by the City and by private entities in furtherance of this Redevelopment Plan. The Redevelopment Project described in this Redevelopment Plan and pursuant to the Act includes: • the overall redevelopment concept and goals; • the land use plan; • development and design objectives; • a description of redevelopment improvements and activities; • estimated redevelopment project costs; • a description of sources of funds to pay estimated redevelopment project costs; • a description of obligations that may be issued;and • identification of the most recent EAV of properties in the Project Area and an estimate of future EAV. A. Overall Redevelopment Concept and Land Use Plan The Project Area should be revitalized and redeveloped as a cohesive,distinctive and active mixed- use area that exemplifies the City's identity and character and serves more effectively as a central location for shopping, business, living, entertainment, recreation, and civic and community gatherings. The Project Area should consist of (i) retail and commercial uses, offering a range of site development opportunities for contemporary retail and office uses; (ii) residential uses, including single family homes, a mix of multi-family housing styles as well as buildings with a mixture of residential and commercial uses; (iii)recreational,entertainment and cultural uses; and(iv) a range of public and community facilities (including a new City Hall and City green, community center, senior center, and performing arts center), open space, and pedestrian amenities. Industrial uses generally are not appropriate. Improvement projects should include: rehabilitation and reuse of existing retail, office, residential, and commercial buildings, especially if identified by the City as architecturally or historically significant; land consolidation for development of new retail, office, residential, commercial and mixed-use construction—particularly in vacant or underutilized properties within the Project Area; retention and enhancement of viable existing businesses; improvements to streets, utilities and infrastructure; creation of new and upgrading of existing open space, landscaping features and Fox River amenities; enhancement or addition of streetscaping treatments and pedestrian amenities; and the provision of new amenities which enhance the overall social,cultural, and aesthetic atmosphere of the Project Area. The Project Area should be served by a street system,parking facilities, access Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 12 United City of Yorkville,Illinois March 24,2006 points and public infrastructure that provide safe and convenient access to and circulation within the Project Area for vehicles, pedestrians and bicycles, as appropriate. The Project Area should also be characterized by cohesive urban design features that organize and provide focus to the Project Area, including quality building materials; pedestrian amenities; distinctive lighting, signage and landscaping;and other appropriate amenities. The Redevelopment Plan and the Redevelopment Project described herein conform to the land-use development policies and standards for the City as set forth in the City's 2002 Comprehensive Plan,the 2005 Update to the Comprehensive Plan and the 2005 Downtown Vision Plan. The Land Use Plan to be in effect upon adoption of this Redevelopment Plan designates the Project Area in total as a"Mixed Use District: Residential, Commercial, Public, Institutional, Open Space and Recreational Uses." The permitted uses and development guidelines generally include those intended for the "Commercial," "Urban Neighborhood" "Traditional Neighborhood," "Pub- lic/Quasi Public," and "Park/Open Space" land use areas described in the 2002 Comprehensive Plan,as well as any other use not in conflict with existing or future ordinances of the City. B. Development and Design Objectives Listed below are specific development and design objectives that will assist the City in directing and coordinating public and private improvement and investment within the Project Area in order to achieve the general goals and objectives identified in Section IV of this Redevelopment Plan. Land Use • Promote comprehensive, area-wide redevelopment of the Project Area, allowing a wide range of business, residential, retail, commercial service, entertainment, open space, recreational,public and institutional uses,that benefits the larger Yorkville community. • Promote quality new residential, commercial and mixed-use developments in the Project Area. • Encourage the clustering of similar and supporting commercial uses to promote cumulative attraction and multi stop shopping. • Establish a range and pattern of compatible uses arranged to maximize operational and economic relationships. Transportation,Infrastructure, and Parking • Ensure safe, efficient, and convenient access to and circulation within the Project Area for pedestrians,bicyclists,autos,trucks and public transportation. • Where feasible and appropriate, improve street surface conditions, sidewalks, and natural water drainage, street lighting,and traffic signalization. Downtown Yorkville Tax increment Financing Redevelopment Project and Plan page 13 United City of Yorkville,Maims March 29,2006 • Alleviate traffic congestion through limited driveways, shared loading zones, efficient bus stop locations and traffic management improvements. • Upgrade public utilities and infrastructure as required. • Ensure that all commercial/retail businesses are served by an adequate supply of conveniently located parking, to be located to the side or rear of buildings or in parking structures. • Promote shared parking through cooperative arrangements between businesses which would permit existing parking lots to be used by neighboring businesses during off-peak periods. • Ensure that parking lots are attractively designed and adequately maintained. Building and Site Development • Preserve, rehabilitate or adaptively reuse buildings and/or sites with historic and/or architectural value where appropriate. • Where feasible,repair and rehabilitate existing buildings in poor condition. • Where rehabilitation is not feasible, demolish deteriorated existing buildings to allow for new development. • Reuse vacant buildings in serviceable condition for new businesses, residential uses, or mixed-use development. • Ensure that the design of new buildings is compatible with the surrounding building context with regard to height, placement, orientation, bulk architectural style, building materials, signs,etc. • Locate building service and loading areas away from front entrances and major streets where possible. • Encourage parking, service, loading and support facilities that can be shared by multiple businesses. • Encourage retail, entertainment, and restaurants on the first floor of buildings to contribute to a pedestrian-oriented environment. • Improve the design and appearance of commercial storefronts, including facade treatment, color,materials,awnings,canopies,and signage. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 14 United City of Yorkville,Illinois March 24,2006 Urban Design,Landscaping and Open Space • Establish a distinctive and cohesive visual identity for the Project Area. • Ensure high quality and harmonious architectural and landscape design throughout the Project Area. • Provide new pedestrian-scale lighting in areas with intense pedestrian activity. • Provide new street trees and accent lighting where space permits. • Promote the use of landscaping and attractive fencing to screen dumpsters,waste collection areas, loading and service areas, and the perimeter of parking lots and other vehicular use areas. • Promote a coordinated landscape plan for streetscapes,gateway locations and public plazas. • Promote the development of shared open spaces within the Project Area, including courtyards,eating areas,recreational areas,etc. • Ensure that all open spaces are designed, landscaped and lighted to achieve a high level of security. C. Redevelopment Improvements and Activities The City proposes to achieve its redevelopment goals and objectives for the Project Area through the use of public financing techniques including, but not limited to, tax increment financing, to undertake some or all of the activities and improvements authorized under the Act, including the activities and improvements described below. The City also maintains the flexibility to undertake additional activities and improvements authorized under the Act, if the need for activities or improvements changes as redevelopment occurs in the Project Area. The City may enter into redevelopment agreements with public or private entities for the furtherance of this Redevelopment Plan. Such redevelopment agreements may be for the assemblage of land; the construction, rehabilitation, renovation or restoration of improvements or facilities; the provision of services; or any other lawful purpose. Redevelopment agreements may contain terms and provisions, which are more specific than the general principles set forth in this Redevelopment Plan. 1. Analysis,Administration,Studies,Surveys,Legal,Marketing,etc. The City may undertake or engage professional consultants, engineers, architects, attorneys, etc. to conduct various analyses, studies, surveys, administration or legal services to establish, implement and manage the Redevelopment Plan. The City may also undertake the cost of marketing sites within the Project Area to prospective businesses, developers and investors. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 15 United City of Yorkville,Illinois March 24, 2006 2. Property Assembly,Site Preparation and Environmental Remediation Property acquisition and land assembly by the private sector or public entities in accordance with this Redevelopment Plan will be encouraged by the City. To meet the goals and objectives of this Redevelopment Plan,the City may acquire and assemble any and all property within the Project Area. Land assemblage by the City may not be by eminent domain. Land assemblage by the City may be by purchase, exchange, donation, lease, and may be for the purpose of: (a) sale, lease or conveyance to private developers or other public bodies; or(b) sale, lease, conveyance or dedication for the construction of public improvements or facilities. Furthermore, the City may require written redevelopment agreements with developers before acquiring any properties. As appropriate, the City may devote acquired property to temporary uses until such property is scheduled for disposition and development. Property assembly may also include demolition of buildings, site preparation, and site improvements that serve as an engineered barrier to ground level or below ground level environmental contamination. 3. Provision of Public Works or Improvements The City may provide public improvements and facilities that are necessary to service the Project Area in accordance with the Redevelopment Plan and the Comprehensive Plan. Public improvements and facilities may include, but are not limited to, municipal buildings as permitted by the Act, improvements to streets, sidewalks,utilities and traffic control infrastructure. 4. Relocation Relocation assistance may be provided to facilitate redevelopment of portions of the Pro- ject Area and to meet other City objectives. Business or households legally occupying properties to be acquired by the City subsequent to this Redevelopment Plan may be pro- vided with relocation advisory and financial assistance as determined by the City. In the event that the implementation of the Redevelopment Plan results in the removal of resi- dential housing units in the Project Area occupied by low-income households or very low-income households, or the displacement of low-income households or very low- income households from such residential housing units, such households shall be pro- vided affordable housing and relocation assistance not less than that which would be pro- vided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the regulations thereunder, including the eligibility criteria. Af- fordable housing may be either existing or newly constructed housing. The City shall make a good faith effort to ensure that this affordable housing is located in or near the Project Area. As used in the above paragraph "low-income households", 'very low-income households" and "affordable housing" shall have the meanings set forth in Section 3 of the Illinois Affordable Housing Act, 310 ILCS 65/3. As of the date of this Redevelopment Plan, these statutory terms are defined as follows: (i) "low-income household" means a single person, family or unrelated persons living together whose adjusted income is more than 50 percent but less than 80 percent of the median income of Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 16 United City of Yorkville,Illinois, March 24,2006 the area of residence, adjusted for family size, as such adjusted income and median income are determined from time to time by the United States Department of Housing and Urban Development("HUD")for purposes of Section 8 of the United States Housing Act of 1937; (ii) 'very low-income household"means a single person,family or unrelated persons living together whose adjusted income is not more than 50 percent of the median income of the area of residence, adjusted for family size, as so determined by HUD; and (iii) "affordable housing" means residential housing that, so long as the same is occupied by low-income households or very low-income households,requires payment of monthly housing costs, including utilities other than telephone, of no more than 30 percent of the maximum allowable income for such households,as applicable. 5. Job Training and Related Educational Programs Programs designed to increase the skills of the labor force that would take advantage of the employment opportunities within the Project Area may be implemented. 6. Building Rehabilitation The City may reimburse all or a portion of the costs incurred by property or business owners that undertake building rehabilitation projects in fintherance of the objectives of this Redevelopment Plan. 7. Interest Subsidies and/or Affordable Housing Funds may by provided to developers for a portion of costs associated with affordable housing construction,renovation or rehabilitation. Funds may be provided to redevelopers for a portion of interest costs incurred by a rede- veloper related to the construction,renovation or rehabilitation of a redevelopment project provided that: (a) such costs are to be paid directly from the special tax allocation fund established pur- suant to the Act, (b) such payments in any one year may not exceed 30 percent of the annual interest costs incurred by the redeveloper with respect to the redevelopment project during that year; (c) if there are not sufficient funds available in the special tax allocation fund to make an interest payment, then the amounts so due shall accrue and be payable when suffi- cient funds are available in the special tax allocation fund; (d) the total of such interest payments paid pursuant to the Act may not exceed 30 per- cent of the total(i) cost paid or incurred by a redeveloper for a redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by the City pursuant to the Act;and (e) the cost limits set forth in this paragraph in subparagraphs (b) and(d) above shall be modified to permit payment of up to 75 percent of interest costs incurred by a rede- veloper for the financing of rehabilitated or new housing units for low-income house- holds and very low-income households, as defined in Section 3 of the Illinois Afford- able Housing Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 17 United City of Yorkville,Illinois March 24,2006 D. Redevelopment Project Costs The various redevelopment expenditures which are eligible for payment or reimbursement under the Act are reviewed below. Following this review is a list of estimated redevelopment project costs that are deemed necessary to implement this Redevelopment Plan (the "Redevelopment Project Costs'. Eligible Redevelopment Project Costs Redevelopment Project Costs include the sum total of all reasonable or necessary costs incurred, estimated to be incurred, and any costs incidental to this Redevelopment Plan pursuant to the Act. Such costs may include,without limitation,the following: (1) Costs of studies, surveys, development of plans and specifications, implementation and administration of the redevelopment plan including but not limited to, staff and professional service costs for architectural, engineering, legal, financial, planning or other services, provided that no charges for professional services are based on a percentage of the tax increment collected except that on and after November 1, 1999, no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. In addition, "redevelopment project costs" shall not include lobbying expenses; (2) The cost of marketing sites within the redevelopment project area to prospective businesses,developers,and investors; (3) Property assembly costs, including but not limited to,acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and other concrete or asphalt barriers, and the clearing and grading of land; (4) Costs of rehabilitation,reconstruction or repair or remodeling of existing public or private buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; (5) Costs of the construction of public works or improvements; except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (g) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999 or (ii) the municipality makes a reasonable determination in the redevelopment plan supported by information that provides the basis for that Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 18 United City of Yorkville,Illinois March 24,2006 determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan; (6) Costs of job training and retraining projects, including the cost of "welfare to work" programs implemented by businesses located within the redevelopment project area; (7) Financing costs including,but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including interest accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for a period not exceeding 36 months following completion and including reasonable reserves related thereto; (8) To the extent the municipality by written agreement accepts and approves the same, all or a portion of a taxing districfs capital costs resulting from a redevelopment project necessarily incurred or to be incurred in furtherance of the objectives of the redevelopment plan and project; (9) 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; (10) Payment in lieu of taxes as defined in the Act; (11) Costs of job training, retraining, advanced vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxing districts other than the municipality, are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken including but not limited to,the number of employees to be trained,a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same,and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40, and 3-40.1 of the Public Community College Act (as cited in the Act) and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of the School Code (as cited in the Act); (12) Interest costs incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that: a) such costs are to be paid directly from the special tax allocation fund estab- lished pursuant to the Act; Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 19 United City of Yorkville,Illinois March 24,2006 b) such payments in any one year may not exceed 30 percent of the annual inter- est costs incurred by the redeveloper with regard to the redevelopment project during that year; c) if there are not sufficient firnds available in the special tax allocation fund to make the payment pursuant to this provision, then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax al- location fund; d) the total of such interest payments paid pursuant to the Act may not exceed 30 percent of the total: (i) cost paid or incurred by the redeveloper for such rede- velopment project, plus (ii) redevelopment project,costs excluding any prop- erty assembly costs and any relocation costs incurred by a municipality pursu- ant to the Act; and e) Up to 75 percent of the interest cost incurred by a redeveloper for the financ- ing of rehabilitated or new housing units for low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act. (13) Unless explicitly provided in the Act, the cost of construction of new privately- owned buildings shall not be an eligible redevelopment project cost; (14) A library district's or an elementary, secondary, or unit school district's increased costs attributable to assisted housing units will be reimbursed as provided in the Act; and (15) Up to 50 percent of the cost of construction, renovation and/or rehabilitation of all low- and very low-income housing units (for ownership or rental) as defined in Section 3 of the Illinois Affordable Housing Act. If the units are part of a residential redevelopment project that includes units not affordable to low- and very low-income households, only the low- and very low-income units shall be eligible for benefits under the Act. (16) After November 1, 1999, none of the redevelopment project costs enumerated in this subsection shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality. For purposes of this paragraph,termination means a closing of a retail operation that is directly related to the opening of the same operation or like retail entity owned or operated by more than 50% of the original ownership in a redevelopment project area but it does not mean closing an operation for reasons beyond the control of the retail entity, as documented by the retail entity, subject to a reasonable finding by the municipality that the current location contained inadequate space, had become economically obsolete, or was no longer a viable location for the retailer or serviceman. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 20 United City of Yorkville,Illinois March 24,2006 If a special service area has been established pursuant to the Special Service Area Tax Act, [35 ILCS 235/0.01 et. seq.] then any tax increment revenues derived from the tax imposed pursuant to the Special Service Area Tax Act may be used within the redevelopment project area for the purposes permitted by the Special Service Area Tax Act as well as the purposes permitted by the Act. Estimated Redevelopment Project Costs A range of redevelopment activities and improvements will be required to implement this Redevelopment Plan. The activities and improvements and their estimated costs are set forth in Table 1 of this Redevelopment Plan. All estimates are based on 2006 dollars. Funds may be moved from one line item to another or to an eligible cost category described in this Redevelop- ment Plan at the City's discretion. To the extent that municipal obligations have been issued to pay for such Redevelopment Project Costs prior to, and in anticipation of,the adoption of TIF, the City shall be reimbursed from Incremental Property Taxes for such Project Costs. Redevelopment Project Costs described in this Redevelopment Plan are intended to provide an upper estimate of expenditures. Within this upper estimate, adjustments may be made in line items without amending this Redevelopment Plan. In the event the Act is amended by the General Assembly after the date of the approval of this Redevelopment Plan by the City to (a) include new eligible redevelopment project costs, or (b) expand the scope or increase the amount of existing eligible redevelopment project costs (such as, for example, by increasing the amount of incurred interest costs that may be paid under 65 ILCS 5/1-74.4-3(q)(11)), this Redevelopment Plan shall be deemed to incorporate such additional, expanded or increased eligible redevelopment project costs under the Redevelopment Plan to the extent permitted by the Act. In the event of such amendment(s) to the Act, the City may add any new eligible redevelopment project costs as a line item in Table 1 or otherwise adjust the line items in Table 1 without amendments to this Redevelopment Plan, to the extent permitted by the Act. Increases in estimated total Redevelopment Project Costs of more than five percent, after adjust- ment for inflation from the date of the Redevelopment Plan adoption, are subject to the Redevel- opment Plan amendment procedures as provided under the Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 21 United City of Yorkville,Illinois March 24,2006 TABLE 1: Downtown Yorkville Tax Increment Financing Redevelopment Project Area Estimated Redevelopment Project Costs ELIGIBLE EXPENSE ESTIMATED COST Analysis,Administration, Studies, Surveys, Legal,Marketing etc. $500,000 Property Assembly including Acquisition, Site Prep and Demolition,Environmental Remediation $10,000,000 Public Works&Improvements,including streets and utilities and public facilities or capital costsf l $15,000,000 Rehabilitation of existing buildings,fixtures and leasehold improvements $10,000,000 Interest Subsidies and/or Affordable Housing Incentives $1,000,000 Relocation Costs $500,000 Job Training and Vocational Education $500,000 TOTAL REDEVELOPMENT PROJECT COSTS $37,500,000 121131 [']This category may also include paying for or reimbursing(i)an elementary,secondary or unit school district's increased costs attributed to assisted housing units,and(ii)capital costs of taxing districts impacted by the redevel- opment of the Project Area. As permitted by the Act,to the extent the City by written agreement accepts and ap- proves the same,the City may pay,or reimburse all,or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of the Redevelopment Plan. E21 Total Redevelopment Project Costs exclude any additional financing costs,including any interest expense,capi- talized interest and costs associated with optional redemptions. These costs are subject to prevailing market condi- tions and are in addition to Total Redevelopment Project Costs. 131 Increases in estimated total Redevelopment Project Costs of more than five percent,after adjustment for inflation from the date of the Redevelopment Plan adoption,are subject to the Redevelopment Plan amendment procedures as provided under the Act. The amount of the total Redevelopment Project Costs that can be incurred in the Project Area will be reduced by the amount of redevelopment project costs incurred in contiguous redevelopment project areas,or those separated from the Project Area only by a public right-of-way,that are permitted under the Act to be paid,and are paid,from Incremental Property Taxes generated in the Project Area,but will not be reduced by the amount of redevelopment project costs incurred in the Project Area which are paid from Incremental Property Taxes generated in contiguous redevelopment project areas or those separated from the Project Area only by a public right-of--way. Total Redevelopment Project Costs listed above are expected to be paid for with Incremental Property Taxes,how- ever,additional funding from other sources such as federal,state,county,or local grant funds may be utilized to supplement the City's ability to finance Redevelopment Project Costs identified above. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 22 United City of Yorkville,Illinois March 24,2006 E. Sources of Funds to Pay Redevelopment Project Costs Funds necessary to pay for Redevelopment Project Costs and secure municipal obligations issued for such costs are to be derived primarily from Incremental Property Taxes. Other sources of funds which may be used to pay for Redevelopment Project Costs or secure municipal obligations are land disposition proceeds, state and federal grants, investment income,private financing and other legally permissible funds the City may deem appropriate. The City may incur Redevelopment Project Costs,which are paid for from funds of the City other than Incremental Property Taxes, and the City may then be reimbursed for such costs from Incremental Property Taxes. Also, the City may permit the utilization of guarantees, deposits and other forms of security made available by private sector developers. Additionally, the City may utilize revenues, other than State sales tax increment revenues, received under the Act from one redevelopment project area for eligible costs in another redevelopment project area that is either contiguous to, or is separated only by a public right-of-way from,the redevelopment project area from which the revenues are received. The Project Area may, in the future, be contiguous to or separated by only a public right-of-way from other redevelopment project areas created under the Act. The City may utilize net Incremental Property Taxes received from the Project Area to pay eligible redevelopment project costs, or obligations issued to pay such costs, in other contiguous redevelopment project areas or redevel- opment project areas separated only by a public right-of-way, and vice versa. The amount of revenue from the Project Area, made available to support such contiguous redevelopment project areas, or those separated only by a public right-of-way, when added to all amounts used to pay eligible Redevelopment Project Costs within the Project Area, shall not at any time exceed the total Redevelopment Project Costs described in this Redevelopment Plan. The Project Area may become contiguous to, or be separated only by a public right-of-way from, redevelopment project areas created under the Industrial Jobs Recovery Law(65 lLCS 5/11-74.6-1, et seq.). If the City finds that the goals, objectives and financial success of such contiguous redevelopment project areas or those separated only by a public right-of-way are interdependent with those of the Project Area,the City may determine that it is in the best interests of the City and in furtherance of the purposes of the Redevelopment Plan that net revenues from the Project Area be made available to support any such redevelopment project areas. The City therefore proposes to utilize net incremental revenues received from the Project Area to pay eligible redevelopment project costs (which are eligible under the Industrial Jobs Recovery Law referred to above) in any such areas and vice versa. Such revenues may be transferred or loaned between the Project Area and such areas. The amount of revenue from the Project Area so made available,when added to all amounts used to pay eligible Redevelopment Project Costs within the Project Area or other areas as described in the preceding paragraph, shall not at any time exceed the total Redevelopment Project Costs described in Table 1 of this Redevelopment Plan. F. Issuance of Obligations The City may issue obligations secured by Incremental Property Taxes pursuant to Section 11- 74.4-7 of the Act. To enhance the security of a municipal obligation, the City may pledge its full Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 23 United City of Yorkville,Illinois March 24,2006 faith and credit through the issuance of general obligation bonds. Additionally, the City may provide other legally permissible credit enhancements to any obligations issued pursuant to the Act. All obligations issued by the City pursuant to this Redevelopment Plan and the Act shall be retired within twenty (20) years of their date of issuance, and no later than December 31 of the year in which the payment to the municipal treasurer is to be paid with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the Project Area and the Redevelopment Plan was adopted, such ultimate retirement date occurring on December 31,2030. In addition to paying Redevelopment Project Costs, Incremental Property Taxes may be used for the scheduled retirement of obligations, mandatory or optional redemptions, establishment of debt service reserves and bond sinldng funds and any other lawful purpose. To the extent that Incremental Property Taxes are not needed for these purposes, any excess Incremental Property Taxes shall then become available for distribution annually to taxing districts having jurisdiction over the Project Area in the manner provided by the Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 24 United City of Yorkville,Illinois March 24,2006 G. Valuation of the Project Area 1. Most Recent EAV of Properties in the Project Area The most recent EAV of the Project Area is estimated to total $5,500,355. This EAV is based on the 2004 assessed valuation and is subject to verification by the County Clerk. After verification, the final figure shall be certified by the County Clerk of Kendall County,Illinois. This certified amount shall become the Certified Initial EAV from which all Incremental Property Taxes in the Project Area will be calculated by Kendall County. The Project Area's EAV by tax parcel is presented in Table 2 on the next page. 2. Anticipated Equalized Assessed Valuation By the year 2030 and following the completion of the Redevelopment Plan and Project, the EAV of the Project Area is estimated to range from$31 million to $37 million. This estimate is based on several key assumptions, including: 1)redevelopment of the Project Area will occur in a timely manner over the next 15 to 20 years; 2) construction of approximately 150,000 square feet of new commercial space, 3) remodel of approximately 8,000 of retail space; 4) construction of approximately 80,000 s.f. of tax- exempt facilities; 5) construction of approximately 360 housing units in a combination of condominium, townhome and senior housing buildings; 6) the EAV of the Project Area will grow at the rate of 2.0 percent per annum;and 4) a state equalization factor of 1.0000 is used in all years to calculate estimated EAV. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 25 United City of Yorkville,Illinois March 24,2006 Table 2: Project Area EAV by Tax Parcel PIN 2004 EAV Al 05-38-282-005 $ 31,398 05-39-151-001/02- 42 05-38-282-006 $ 31,647 1 33-151-001* 43 05-38-283-001 $ 169,088 05-39-152-001/02- 44 05-38-283-002 $ 35,735 2 33-152-001* 45 05-38-283-003 $ 41,023 3 05-38-251-001 $ 46 05-38-283-004 $ 10,876 4 05-38-252-001 $ 118,621 47 05-38-283-005 $ 35,921 5 05-38-252-003 $ 5,706 48 05-38-283-006 $ 30,508 6 05-38-252-004 $ 88,949 49 05-38-283-007 $ 41,805 7 05-38-252-005 $ 45,142 50 05-38-283-008 $ - 8 05-38-252-006 $ 57,988 51 05-38-283-009 $ - 9 05-38-252-007 $ 102,611 52 05-38-283 410 $ 17,890 10 05-38-252-009 $ 39,119 53 05-38-283-011 $ 35,916 05-38-276-001/02- 54 05-38-283-012 $ 35,998 11 32-276-001* 55 05-38-283-013 $ 45,292 12 05-38-277-001 $ 100 56 05-38-287-001 $ - 13 05-38-278-001 $ 57 05-38487-002 $ 44,199 14 05-38-278-002 $ 100 58 05-38-287-003 $ 16,600 15 05-38-278-004 $ - 59 05-38-287-004 $ 60,327 16 05-38-278-005 $ 2,268 60 05-38-287-005 $ 62,589 17 05-38-278-007 $ 61 05-38-287-006 $ 8,335 18 05-38-278-008 $ 11,580 62 05-38-291-001 $ - 19 05-38-278-009 $ 83,885 63 05-38-292-001 $ 51,454 20 05-38-278-010 $ 62,997 64 05-38-429-001 $ 21 05-38-278-011 $ 100 65 05-38-429-002 $ 47,868 22 05-38-278-012 $ - 66 05-38-429-003 $ 10,000 23 05-38-279-001 $ 9,256 67 05-38-429-004 $ 37,139 24 05-38-279-002 $ 77,994 68 05-38-429-005 $ 10,000 25 OS-38-279-003 $ 2,927 69 05-38-429-006 $ 24,400 26 05-38-279-004 $ 8,759 70 05-38-430-002 $ 122,513 27 05738-279-005 $ 28,760 71 05-38-433-001 $ 37,338 28 05-38-279-006 $ 56,091 72 05-38-433-007 $ 88,775 29 05-38-279-007 $ 58,306 73 05-38-433-011 $ 31,979 30 05-38-279-008 $ 17,054 74 05-38-433-012 $ 57,537 31 05-38-280-002 $ 36,207 75 05-39-153-003 $ 46,989 32 05-38-280-003 $ 35,145 76 05-39-153-004 $ 29,763 33 05-38-281-001 $ 50,074 77 05-39-153-005 $ 16,660 34 05-38-281-002 $ 29,560 78 05-39-153-006 $ - 35 05-38-281-003 $ 37,573 79 05-39-153-007 $ 11,003 36 05-38-281-006 $ 42,964 80 05-39-153-008 $ - 37 05-38-281-007 $ 39,961 81 05-39-153-009 $ 38 05-38-282-001 $ 26,635 82 05-39-153-011 $ 39 05-38-282-003 $ 36,157 83 OS-39-153-013 $ 40 05-38-262-004 $ 55,607 84 05-39-154-001 $ 51,417 Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 26 United City of Yorkville,Illinois March 24,2006 B5 05-39-154-002 $ 19,975 133 05-39-177-002 $ 7,702 86 05-39-154-003 $ 17,828 134 05-39-177-004 $ 80,306 87 05-39-154-006 $ 32,622 135 05-39-177-005 $ 51,273 88 05-39-154-007 $ 41,838 136 05.39-177-006 $ 1,491 89 05-39-154-008 $ 31,929 137 05-39-177-008 $ 49,573 90 05-39-154-009 $ 63 138 05-39-177-009 $ 34,380 91 05-39-154-013 $ 55,975 139 05-39-177-011 $ 37,201 92 05-39-154-014 $ 68,358 140 05-39-177-012 $ 27,492 93 05-39-154-015 $ 16,789 141 05-39-177-013 $ 4,487 94 05-39-154-017 $ 24,871 142 05-39-177-014 $ - 95 05-39-154-018 $ 1,153 143 05-39-177-015 $ 1,855 96 05-39-154-019 $ 5,077 144 05-39-177-016 $ 15,436 97 05-39-154-020 $ 145 05-39-177-017 $ 4,173 98 05-39-154-021 $ 42,274 146 05-39-178-001 $ 51,790 99 05-39-154-022 $ - 147 05-39-178-002 $ 3,705 100 05-39-154-023 $ 40,445 148 05-39-178-003 $ 3,705 101 05-39-154-024 $ 4,647 149 05.39-178-004 $ 3,705 102 05-39-155-003 $ 12,087 150 05-39-301-001 $ 136,236 103 05-39-155-005 $ 14,832 151 05-39-304-001 $ 115,968 104 05-39-155-006 $ 5,107 152 05-39-307-002 $ 52,516 105 05-39-155-008 $ 8,964 153 05-39-307-003 $ 47,482 106 05-39-156-004 $ 7,776 154 05-39-307-004 $ 46,010 107 05-39-156-005 $ 30,024 155 05-39-307-005 $ 44,893 108 05-39-156-006 $ 24,343 156 05-39-326-004 $ 2,504 109 05-39-156-007 $ 38,011 157 05-39-326-006 $ 35,566 110 05-39-156-008 $ 8,600 158 05-39-326-007 $ 75,737 111 05-39-156-009 $ 42,780 159 05-39-326-008 $ 42,977 112 05-39-156-010 $ 38,008 160 05-39-376-010 $ 2,427 113 05-39-156-013 $ 1,262 161 05-39-376-014 $ 528 114 05-39-156-014 $ 10,500 162 05-39-376-015 $ 71 115 05-39-156-015 $ 69,780 163 60-04-003-001 $ 50,053 116 05-39-156-016 $ 8,550 164 60-04-003-002 $ 18,084 117 05-39-156-017 $ 2,780 Total $ 5,500,355 118 05-39-157-001 $ 409,109 *These parcels are owned by the State of Rhnois and are 119 05-39-157-004 $ 13,844 located in the Fox River at the boundary line.between Bristol 120 05-39-157-006 $ 7,681 and Kendall Townships. Kendall County records could not 121 05-39-157-007 $ 41,510 confirm township and section numbers tied to block and 122 OS-39-157-008 $ 33,193 parcel numbers for these parcels so both Kendall and Bristol Township numbers are shown. 123 05-39-158-001 $ 82,732 124 OS-39-158-002 $ 11,087 125 05-39-158-003 $ 95,637 126 05-39-158-004 $ 89,076 127 05-39-176-001 $ 128 05-39-176-002 $ 40,142 129 05-39-176-004 $ 51,554 130 05-39-176-005 $ 34,303 131 05-39-176-006 $ 49,888 132 05-39-177-001 $ 65,847 Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 27 United City of Yorkville,Illinois March 24,2006 VI. LACK OF GROWTH AND DEVELOPMENT THROUGH INVESTMENT BY PRIVATE ENTERPRISE As described in Section III of this Redevelopment Plan, the Project Area as a whole is adversely impacted by the presence of numerous conservation area factors, which represent impediments to sound growth and development. Specific findings regarding lack of growth and development through investment by private enterprise include: • Of the 114 buildings in the Project Area, 95 (83 percent) are 35 years of age or older—which means that only 19 buildings(17 percent)were built since 1971. • Of the 114 buildings in the Project Area, 61 are characterized as deteriorated and require improvements beyond normal maintenance (6 of these buildings are dilapidated or in substan- dard condition and another 18 of these buildings contain major defects in at least one primary component or a combination of secondary components). • In addition to "deterioration," and"dilapidation", other conservation area factors present in the Project Area that indicate a lack of private investment include "excessive vacancies" "struc- tures below minimum code standards,"and"obsolescence". • In each of the years from 1999 to 2004, the annual growth rate of the total Equalized Assessed Valuation('EAV) of the Project Area has lagged behind that of the balance of the United City of Yorkville. • Between 1999 and 2004, the EAV of the Project Area increased by an average of 4.4% per year. In comparison, the EAV of the balance of the City of Yorkville increased at an annual average rate of 17.1%—a rate nearly four times that of the Project Area. • Despite City economic development and incentive programs,improvements and redevelopment projects in the Downtown have been limited to a couple of blocks. Several similarly situated communities in Illinois and along the Fox River have been successful in achieving major rede- velopment and revitalization of their downtowns only through the adoption of a comprehen- sive,coordinated and long-term tax increment financing redevelopment project and plan. In summary, the Project Area as a whole is eligible as a redevelopment project area, based on eligibility for a conservation area. The meaningful presence and reasonable distribution of conservation area conditions are detrimental to the public safety,health, and welfare of the City and provide evidence to support the finding that the Project Area 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 without the adoption of tax increment financing and this Redevelop- ment Plan for the Project Area. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 28 United City of Yorkville,Illinois March 24,2006 VII. FINANCIAL IMPACT Without the adoption of this Redevelopment Plan and TIF, the Project Area is not reasonably expected to be redeveloped by private enterprise. In the absence of City-sponsored redevelopment initiatives there is a prospect that conservation area conditions will continue to exist and spread, and the Project Area on the whole and adjacent properties will become less attractive for new development, redevelopment and rehabilitation of existing buildings. In the absence of City- sponsored redevelopment initiatives, erosion of the assessed valuation of property in and outside of the Project Area could lead to a continued reduction of real estate tax revenue to all taxing districts. Section V of this Redevelopment Plan describes the comprehensive Redevelopment Project proposed to be undertaken by the City to create an environment in which private investment can occur. The Redevelopment Project will be staged over a period of years consistent with local market conditions and available financial resources required to complete the various redevelopment improvements and activities as well as the Redevelopment Project set forth in this Redevelopment Plan. Successful implementation of this Redevelopment Plan is expected to result in new private investment in rehabilitation of viable existing buildings and new construction on a scale sufficient to eliminate deteriorating problem conditions and to return the area to a long-term sound condition. The Redevelopment Project is expected to have both short- and long-term positive financial impacts on the taxing districts affected by the Redevelopment Plan. In the short-term, the City's effective use of TIF can be expected to stabilize existing assessed values in the Project Area, thereby stabilizing the existing tax base for local taxing agencies. In the long-term, after the completion of all redevelopment improvements and activities, the Redevelopment Project and the payment of all Redevelopment Project Costs and municipal obligations, the taxing districts will benefit from any enhanced tax base which results from the increase in EAV caused by the Redevelopment Project. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 29 United City of Yorkville,Illinois March 24,2006 VIII.DEMAND ON TAXING DISTRICT SERVICES The following taxing districts or agencies currently levy taxes against properties located within the Project Area: Kendall County, Kendall Township, Bristol Township, Kendall County Forest Preserve District,Yorkville School District 115,United City of Yorkville(including Library Fund), Waubonsee Community College District 516, Bristol-Kendall Fire Protection District and Yorkville-Bristol Sanitary District. The Redevelopment Plan provides primarily for public improvements as well as residential, commercial and mixed-use development activity within the Project Area. The number and type of new development is not known at this time. It is anticipated that redevelopment projects implemented as part of the Redevelopment Project and Plan will cause increased demand for services or capital improvements on some of the taxing districts. Since the thrust of this Redevelopment Plan is on residential, commercial redevelopment, and mixed-use development, an increased demand for services or capital improvements to be provided by School District 115, Waubonsee Community College District 516, Bristol-Kendall Fire Protection District, Yorkville-Bristol Sanitary District and the City may be expected. The redevelopment of underutilized sites or replacement of vacant buildings and sites with active uses will likely result in additional demand for services and facilities of these taxing districts. For example, United City of Yorkville services, such as police protection, library services, sanitary collection, water distribution, etc., are likely to be impacted. However, it is expected that any increase in demand for the City and other impacted taxing districts' services can be adequately handled by the existing services and facilities or substantially financed by incremental property tax revenues derived from new improvements in the Project Area. Over the next ten to fifteen years, the estimated potential residential development program for the Project Area, based on the 2005 Downtown Vision Plan,includes the phased development of up to approximately 360 new attached housing units (ranging in size from one to three bedrooms) in the Project Area. This includes senior housing as well as condominiums and townhomes. Based on Ehlers (formerly Illinois School Consulting Services) methodology for estimating school age children, this development could result in an additional population of approximately 635 persons, including 564 adults, 9 high school-aged children, 38 elementary and middle school-aged children, and 24 pre-school-aged children. Given the phased nature of potential development and the proposed housing type, the total increase in the demand for services Yorkville School District 115 is not anticipated to be significant—particularly in relation to the community's overall size and growth. Furthermore, the Act provides a method for reimbursing school districts for any increase in annual costs to a school district attributable to housing units located within the Project Area for which a developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by the Act. It is expected that any increase in demand for Kendall County, Kendall County Forest Preserve District, Kendall Township, Bristol Township services and programs associated with the Project Area can be adequately handled by existing services and programs maintained and operated by Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 30 United City of Yorkville,Illinois March 24;2006 these taxing districts. Therefore, at this time, no special programs are proposed for these taxing districts. Should demand increase beyond existing service and program capabilities for any taxing district, the City will work with the affected taxing district to determine what, if any, program is necessary to provide adequate services (which would be separate from consideration of any taxing district's capital facilities within the Project Area). The City may enter into intergovernmental agreements with taxing districts where TIF revenues can be used for all or a portion of various improvements to the applicable capital facilities, to the extent that such increased capital needs result from redevelopment projects incurred in fintherance of the objectives of this Redevelopment Plan. Downtown Yorkville T=Increment Financing Redevelopment Project and Plan page 31 United City of Yorkville,Illinois March 24,2006 IX. CONFORMITY OF THE REDEVELOPMENT PLAN AND PROJECT TO THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY AS A WHOLE This Redevelopment Plan and the Redevelopment Project described herein conform to the comprehensive plan for the City as a whole as set forth in the City's 2002 Comprehensive Land and 2005 Comprehensive Plan Update. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 32 United City of Yorkville,Illinois March 24, 2006 X. PHASING AND SCHEDULING A phased implementation strategy will be utilized to achieve comprehensive and coordinated redevelopment of the Project Area. It is anticipated that City expenditures for Redevelopment Project Costs will be carefully staged on a reasonable and proportional basis to coincide with Redevelopment Project expenditures by private developers and the receipt of Incremental Property Taxes by the City. The estimated date for completion of Redevelopment Projects is no later than December 31 of the year in which the payment to the City treasurer as provided in the Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year following the year in which the ordinance approving the Project Area is adopted(i.e.,assuming City Council approval of the Project Area and Redevelopment Plan in 2006,by December 31,2030). Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 33 United City of Yorkville,Illinois March 24,2006 XI. PROVISIONS FOR AMENDING THE REDEVELOPMENT PLAN This Redevelopment Plan may be amended pursuant to the Act. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 34 United City of Yorkville,Illinois March 24, 2006 XIL COMMITMENT TO FAIR EMPLOYMENT PRACTICES AND AFFIRMATIVE ACTION PLAN The City is committed to and will affirmatively implement the following principles with respect to the Redevelopment Plan: A) The assurance of equal opportunity in all personnel and employment actions with respect to the Redevelopment Plan, including, but not limited to: hiring, training, transfer, promotion, discipline, fringe benefits, salary, employment working conditions, termination, etc., without regard to race, color, religion, sex, age, handicapped status,national origin,creed or ancestry. B) This commitment to affirmative actions will ensure that all members of the protected groups are sought out to compete for all job openings and promotional opportunities. In order to implement these principles for this Redevelopment Plan, the City shall require and promote equal employment practices and affirmative action on the part of itself and its contractors and vendors. In particular, parties engaged by the City shall be required to agree to the principles set forth in this section. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 35 United City of Yorkville,Illinois March 24,2006 XIIL IMPACT ON INHABITED RESIDENTIAL UNITS As set forth in the Act, if the redevelopment plan for a redevelopment project area would result in the displacement of residents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inhabited residential units and a municipality is unable to certify that no displacement will occur, the municipality must prepare a housing impact study and incorporate the study in the redevelopment project plan. The Project Area contains 143 residential units (140 of which are estimated to be inhabited). This Redevelopment Plan provides for the development or redevelopment of several portions of the Project Area that may contain occupied residential units. As a result, it is possible that by implementation of this Redevelopment Plan, the displacement of residents from 10 or more inhabited residential units could occur. The results of the housing impact study section are described in a separate report which presents certain factual information required by the Act. The report, prepared by Ehlers, is entitled "Downtown Yorkville Tax Increment Financing Redevelopment Project Area Housing Impact Study," and is attached as Exhibit R to this Redevelopment Plan. Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan page 36 United City of Yorkville,Illinois March 24,2006 EXHIBIT I: DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA ELIGIBILITY STUDY DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA ELIGIBILITY STUDY United City of Yorkville, Illinois Prepared by Ehlers&Associates,Inc. March 17,2006 TABLE OF CONTENTS I. EXECUTIVE SUMMARY .........................................................................................................1 II. BASIS FOR REDEVELOPMENT .............................................................................................6 III. THE PROJECT AREA .............................................................................................................. 8 IV. ELIGIBILITY SURVEY AND ANALYSIS...............................................................................9 V. ELIGIBILITY CONCLUSIONS ...............................................................................................19 FIGURES AND TABLES Figure1.Project Area Boundary..........................................................................................................4 Figure2.Existing Land Use .................................................................................................................5 TABLE 1. SUMMARY OF BUILDING DETERIORATION................................................................................. 14 TABLE 2. GROWTH OF THE PROJECT AREA VS.CITY OF YORKVILLE......................................................... 18 TABLE 3. DISTRIBUTION OF CONSERVATION AREA FACTORS...................................................................20 I. EXECUTIVE SUMMARY The purposes of this report entitled Downtown Yorkville Tax Increment Financing Redevelopment Project Area Eligibility Study(the "Eligibility Study") are to: (i) document the conservation factors that are present within the Downtown Yorkville Redevelopment Project Area (the "Project Area") in the United City of Yorkville, Kendall County, Illinois (the "City" or "Yorkville"), and (ii) conclude whether the Project Area qualifies for designation as a conservation area within the definitions set forth in the Tax Increment Allocation Redevelopment Act (the "Act"). The Act is found in Illinois Compiled Statutes, Chapter 65,Act 5,Section 11-74.4-1 et. seq., as amended. The findings and conclusions contained in this Eligibility Study are based on surveys, documentation, and analyses of physical conditions within the Project Area. The City is entitled to rely on the findings and conclusions of this Eligibility Study in designating the Project Area as a redevelopment project area under the Act. Ehlers & Associates ("Ehlers") has prepared this Eligibility Study and the related Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (the "Redevelopment Plan") with the understanding that the City would rely on (i) the findings and conclusions of this Eligibility Study and the related Redevelopment Plan in proceeding with the designation of the Project Area as a redevelopment project area under the Act, and (ii) the fact that Ehlers has obtained the necessary information so that the Eligibility Study and the related Redevelopment Plan will comply with the Act. The determination of whether the Project Area qualifies for designation as a conservation area pursuant to the Act is made by the City after careful review and consideration of the conclusions contained in this Eligibility Study. The Project Area The Project Area is an irregularly shaped area that encompasses most downtown Yorkville plus an adjacent portion of the Fox River to the north. The Project Area generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west, the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The boundaries of the Project Area are shown on Figure 1,Project Area Boundary. The Project Area contains 114 buildings located within all or portions of 33 tax blocks (for the purposes of analysis in this report, several of these tax blocks are combined). The Project Area is approximately 200 acres—a significant portion of which consists of street rights-of-way, rail rights-of-way and the Fox River. The Project Area encompasses most of Downtown Yorkville which remains generally active as a central mixed-use district with a variety of uses, including retail, commercial service, offices, buildings with mixed commercial and residential activity, a variety of residential buildings, public and semi-public uses and industrial uses. All blocks, except for one, contain residential buildings in either single-family,multi-family or in mixed-use buildings. Public and semi-public uses are scattered throughout the Project Area, including: Bicentennial Riverfront Park, Van Emmon Memorial Park and other open spaces along the Fox Downtown Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page I Yorkville,Illinois—March 17,2006 River; City public works and parks/recreations buildings; Kendall County Offices, Clerk and Education Department buildings; and a U.S. Post Office facility. Existing land uses are illustrated in Figure 2,Existing Land Use. While some limited development and improvements to buildings have occurred in a few blocks of the Downtown in recent years,the Project Area as a whole has not benefited from new private investment to revitalize the area on a systematic or significant level. The Project Area as a whole is characterized by aging and deteriorating properties, structures below minimum code standards, obsolescent buildings and sites, declining or lagging growth in property valuation, vacant buildings and spaces within buildings, sites/parcels of irregular shape and size, incompatible land use relationships and deteriorating or obsolete infrastructure. These conditions, combined with the general lack of private investment in the area have led the City to initiate the Eligibility Study. The City engaged Ehlers to analyze conditions in the Project Area to determine whether the Project Area qualifies for designation as a "redevelopment project area"based on criteria for a"conservation area" contained in the Act. Eligibility Evaluation The approach taken to evaluate the presence of eligibility factors within the Project Area is listed below. • Survey the Project Area to document the physical conditions of buildings and site improvements. • Document and analyze existing land uses and their relationships with one another, and the size, configuration and layout of buildings and parcels. • Review supporting secondary and previously prepared plans and documents. • Tabulate and map the extent and distribution of conservation factors that exist within the Project Area. • Evaluate the extent and distribution of eligibility factors within the Project Area, and conclude whether the extent and distribution of the factors are sufficient to qualify the area for designation as a redevelopment project area. Summary Eligibility Conclusions Based on the definitions set forth in the Act, the Project Area is found to be eligible for (i) classification as a "conservation area" and (ii) designation as a redevelopment project area. Specifically, • The Project Area is over 1'/z acres; • 83%of the structures within Project Area are 35 years of age or older(50%is the threshold required for a conservation area); Five of the 13 conservation area factors (three are required), including "obsolescence," "deterioration," "inadequate utilities," "lack of community Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page 2 Yorkville,Illinois—March 17,2006 planning"and"declining or lagging equalized assessed valuation," are present to a meaningful extent and are reasonably distributed throughout the Project Area; • Five additional conservation area factors, "dilapidation,""excessive land coverage and overcrowding of community structures," "structures below minimum code standards,""deleterious land use or layout" and"excessive vacancies" are present to a more limited extent and support the overall conservation area finding; and • The Project Area includes only real property and improvements thereon substantially benefited by the proposed redevelopment project improvements. These conclusions are made on the basis that conservation area factors are (i) present to a meaningful extent and (ii) reasonably distributed throughout the Project Area. While it may be concluded that the mere presence of the minimum number of the stated factors may be sufficient to make a finding as a conservation area, this evaluation was made on the basis that the conservation area factors must be present to a meaningful extent and must be reasonably distributed throughout the Project Area so that basically good areas are not arbitrarily included in the Project Area simply because of proximity to areas that qualify as a conservation area. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 1,page 3 Yorkville,Illinois—March 17,2006 - .... .. .......................... � ! ) f6 ) ■ / . , ) | i � ■ | \ � , ■ — � § . 2 § � § � , • ■ j , — , j — MOOD TUN ' � .Win . ` � � ,� � ■ OUT ` • ' - , & , � ■ / / ' ' ■ ` ` � � r_, ` ■ m ��\ � ` i/ ` / � �/E •_ | _ rvk � � | • s •, � . , � _ ' 2 _ z : W = ° j ■ x; § \ ° W\ 0 4 J_., I �OpO❑ UMM s cr'.wv .� rLt y�..� - I Wcna MuKoa 31wj is 1 l o",L aL H �IDT7 3 Y2 �/ S' asivvav � .. isxvoao � O .. v � a ,` 15 ' o 0 N 0 O rn a LLI C W U N [ m Do r, II. BASIS FOR REDEVELOPMENT A. Introduction The Illinois General Assembly made two key findings in adopting the Real Property Tax Increment Allocation Redevelopment Act: 1. That there exist in many municipalities within the State blighted and conservation areas; and 2. That the eradication of blighted areas and the treatment and improvement of conservation areas by redevelopment projects are essential to the public interest. These findings were made on the basis that the presence of blight or conditions which lead to blight are detrimental to the safety,health,welfare and morals of the public. To ensure that the exercise of these powers is proper and in the public interest,the Act also specifies certain requirements which must be met before a municipality can proceed with implementing a redevelopment project. One of these requirements is that the municipality must demonstrate that each prospective redevelopment project qualifies either as a "blighted area" or as a "conservation area" or combination thereof, within the definitions set forth in the Act (Section 11-74.4-3, as amended). The definitions pertaining to conservation areas are paraphrased below. B. Eligibility of a Conservation Area A conservation area is an improved area in which 50 percent or more of the structures in the area have an age of 35 years or more and there is a presence of a combination of three or more of the thirteen factors defined in the Act and listed below. Such an area is not yet a blighted area, but because of a combination of three or more of these factors,the area may become a blighted area. • Dilapidation • Obsolescence • Deterioration • Illegal use of individual structures • Presence of structures below minimum code standards • Excessive vacancies • Lack of ventilation,light,or sanitary facilities • Inadequate utilities • Excessive land coverage and overcrowding of structures and community facilities • Deleterious land-use or layout • Lack of community planning • Environmental remediation costs have been incurred or are required • Declining or lagging rate of growth of total equalized assessed valuation For conservation areas, the Act does not describe what constitutes the extent of presence Downtown Yorkville Redevelopment Project Area Tar Increment Financing Eligibility Study ExhibitI page 6 Yorkville,Illinois—March 17,2006 necessary to make a finding that a factor exists. However, Ehlers, in preparing this Eligibility Study,has applied the following principles: • The minimum number of factors must be present to a meaningful extent and the presence of each must be documented; • For a factor to be found present, it should be present to a meaningful extent so that a local governing body may reasonably find that the factor is clearly present within the intent of the Act; and • The factors should be reasonably distributed throughout the redevelopment project area. It is also important to note that the test of eligibility is based on the conditions of the area as a whole; it is not required that eligibility be established for each and every property or tax parcel in the Project Area. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study ExhibitIpage 7 Yorkville,Illinois March 17,2006 III. PROJECT AREA The Project Area encompasses the City's central business district referred to as "Downtown" and is an irregularly-shaped area consisting primarily of blocks along Bridge Street (IL Route 47), Hydraulic Avenue, Van Emmon Street and Main Street. A freight rail line bisects the area in an east/west direction and the Fox River constitutes the Project Area's northern boundary. The Project Area generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The boundaries of the Project Area are shown on Figure 1, Project Area Boundary and existing land uses within the Project Area are shown in Figure 2. The Project Area contains 114 buildings located within 33 full and/or partial tax blocks. The Project Area encompasses approximately 200 acres, including a significant amount of area dedicated to street, alley and rail rights-of-way as well as the Fox River. Downtown Yorkville is the historic center of the City and includes a variety of uses,including retail,commercial service, offices, buildings with mixed commercial and residential activity, a variety of residential buildings, public and semi-public uses and industrial uses. All blocks, except for one, contain residential buildings in either single-family, multi-family or in mixed-use buildings. Public and semi-public uses are scattered throughout the Project Area, including: Bicentennial Riverfront Park,Van Emmon Memorial Park and other open spaces along the Fox River; City public works and parks/recreations buildings; Kendall County Offices, Clerk and Education Department buildings; and a U.S.Post Office facility. While some limited development and improvements to buildings have occurred in a few blocks of the Downtown over recent years, the Project Area as a whole has not benefited from new private investment to revitalize the area on a systematic or significant level. The Project Area as a whole is characterized by aging and deteriorating properties, structures below minimum code standards, obsolescent buildings and sites, declining or lagging growth in property valuation, vacant buildings and spaces within buildings, sites/parcels of irregular shape and size, incompatible land use relationships and deteriorating or obsolete infrastructure. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page 8 Yorkville,Illinois—March 17,2006 IV. ELIGIBILITY SURVEY AND ANALYSIS FINDINGS Ehlers completed an analysis of each of the conservation area factors listed in the Act to determine whether each or any are present in the Project Area, and if so, to what extent and in what locations. Surveys and analyses conducted by Ehlers included: • Exterior survey of the condition and use of all buildings and sites; • Field survey of environmental conditions covering streets, sidewalks, curbs and gutters, lighting,traffic,parking facilities,landscaping, fences, and general property maintenance; • Analysis of the existing uses within the Project Area and their relationships to the surroundings; • Comparison of current land use to current zoning ordinance and the current zoning map; • Analysis of original and current platting and building size and layout; • Analysis of vacant portions of the sites and buildings; • Analysis of building floor area and site coverage; • Review of City engineer utility analysis; • Review of previously prepared plans, studies and data; and • Analysis of Kendall County Assessor records for equalized assessed valuations for tax parcels in the Project Area for assessment years 1999 to 2004. A. Building Condition Analysis In December 2005, Ehlers documented physical conditions by means of an exterior survey of all buildings and properties.Noted during the inspections were structural deficiencies and occupancies of individual buildings and related environmental deficiencies in the Project Area. Summarized below is the process used for assessing building conditions in the Project Area, the standards and criteria used for evaluation, and the findings as to the existence of dilapidation or deterioration of structures. A copy of the Building Condition Survey Manual:Methods and Criteria for Evaluating Structures, which details the methodology used when completing the field survey work, will be provided to the City and filed with the official document. 1.Building Components Evaluated During the field survey, each component of a subject building was examined to determine whether it was in sound condition or had minor, major or critical defects. Building components examined were of two types: -- Primary Structural These include the basic elements of any building: foundation walls, load bearing walls and columns,roof and roof structure. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page 9 Yorkville,Illinois March 17,2006 - Secondary Components These are components generally added to the primary structural components and are necessary parts of the building, including porches and steps,windows and window units, doors and door units,chimneys,and gutters and downspouts. - Criteria for Classifying Defects for Building Components Each primary and secondary component was evaluated separately as a basis for determining the overall condition of individual buildings. This evaluation considered the relative importance of specific components within a building and the effect that deficiencies in components will have on the remainder of the building. 2 Building Component Classifications The four categories used in classifying building components and systems and the criteria used in evaluating structural deficiencies are described below. Sound Building components which contain no defects, are adequately maintained, and require no treatment outside of normal maintenance as required during the life of the building. Deficient-Requiring Minor Repair Building components which contain minor defects (loose or missing material or holes and cracks over a limited area) which may or may not be corrected through the course of normal maintenance but could be significant depending on the size of the building or number of buildings in a large complex. Buildings with minor defects clearly indicate a lack of or a reduced level of maintenance. Minor defects have limited effect on either primary or secondary components and the correction of such defects may be accomplished by the owner or occupants of either average size residences or smaller commercial buildings. Minor defects are not considered in rating a building as structurally substandard. -- Deficient-Requiring Major Repair Building components which contain major defects over a widespread area and would be difficult to correct through normal maintenance. Buildings in the major deficient category would require replacement or rebuilding of components or significant upgrading of larger buildings or complexes of buildings by people skilled in the building and maintenance trades. Critical Building components which contain major defects so extensive that the building is classified as substandard (dilapidated) and the cost of and degree of repair would be excessive or unfeasible. Examples of such major defects are bowing, sagging, or settling to any or all exterior component causing the structure to be out-of-plumb, or broken, loose or missing material and deterioration over a widespread area. 3. Final Building Rating After completion of the exterior and interior building condition survey, each individual building was placed in one of four categories based on the combination of defects found in various primary and secondary building components.Each final rating is described below. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page 10 Yorkville,Illinois—March 17,2006 - Sound Sound buildings kept in a standard condition, presently requiring no maintenance. Buildings so classified have less than one minor defect. - Deficient Deficient buildings contain defects which collectively are either not easily correctable through normal maintenance or require contracted skills to accomplish the level of improvements as part of maintenance or correction of defects. The classification of major or minor reflects the degree or extent of defects found during the survey of the building. Minor Buildings classified as minor deficient require minor repairs, i.e., the buildings have at least one minor defect, beyond normal maintenance, in one of the primary components or in the combined secondary components but contain less than one major defect. Major Buildings classified as major deficient require major repairs, i.e., the buildings have at least one major defect in either one of the primary components or in the combined secondary components,but contain less than one critical defect. Substandard Structurally substandard buildings contain defects which are so serious and so extensive that the building must be removed. Buildings classified as structurally substandard have two or more major defects on any of the primary or secondary components. Minor deficient and major deficient buildings are considered to be the same as deteriorating buildings as referenced in the Act; substandard buildings are the same as dilapidated buildings. The words"building"and"structure"are presumed to be interchangeable. B. Presence of Conservation Factors Summarized below are the conclusions of the surveys and analyses completed for each conservation factor based on existing conditions within the Project Area. The conclusions indicate whether the factor is found to be present within the Project Area, and the relative extent to which the factor is present. A factor noted as "present to a limited extent" indicates that the factor is present,but the distribution or impact of the factor is limited. A factor noted as "present to a meaningful extent' indicates that the factor is present throughout major portions of the Project Area, and that the presence of such conditions has a major adverse impact or influence on adjacent and nearby development. Conservation area factors not included in this report indicates that either no information was available or no evidence could be documented as part of the various surveys and analyses which would indicate its presence. Age Prerequisite: As a prerequisite condition for qualification of conservation areas, the Act requires that at least 50 percent of the structures be 35 years of age or older. Ehlers has documented that 83% of the structures within the Project Area are 35 years of age or older. Downtown Yorkville Redevelopment Project Area Tiff Increment Financing Eligibility Study Exhibltl,page 11 Yorkville,Illinois—March 17,2006 A. Dilapidation As defined in the Act, "dilapidation" refers to an advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. The conditions of the buildings within the Project Area were determined based on observable components. As described in the section above, "Building Condition Analysis," Ehlers conducted an exterior survey of each building within the Project Area to determine its condition. Of the total 114 buildings: 53 buildings were classified as structurally sound; 37 buildings were classified as minor deficient(deteriorating); 18 buildings were classified as major deficient(deteriorating); and 6 buildings were classified as structurally substandard(dilapidated). Conclusion: Dilapidation (structurally substandard buildings) as a factor is present to a meaningful extent in one block and to a limited extent in three blocks and therefore present to a limited extent throughout the Project Area. B. Obsolescence As defined in the Act, "obsolescence" refers to the condition or process of falling into disuse. Structures have become ill suited for the original use. In making findings with respect to buildings, it is important to distinguish between functional obsolescence,which relates to the physical utility of a structure,and economic obsolescence,which relates to a property's ability to compete in the market place. Functional Obsolescence Historically, structures have been built for specific uses or purposes. The design, location, height, and space arrangement are intended for a specific occupant at a given time. Buildings become obsolescent when they contain characteristics or deficiencies which limit their use and marketability after the original use ceases. The characteristics may include loss in value to a property resulting from an inherent deficiency existing from poor design or layout, the improper orientation of the building on its site, etc.,which detracts from the overall usefulness or desirability of a property. Economic Obsolescence Economic obsolescence is normally a result of adverse conditions which cause some degree of market rejection and,hence,depreciation in market values. If functionally obsolescent properties are not periodically improved or rehabilitated, or economically obsolescent properties are not converted to higher and better uses, the income and value of the property erodes over time. This value erosion leads to deferred maintenance, deterioration, and excessive vacancies. These manifestations of obsolescence then begin to have an overall blighting influence on surrounding properties and detract from the economic vitality of the overall area. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 7,page 12 Yorkville,Illinois—March 17,2006 Site improvements, including sewer and water lines, public utility lines (gas, electric and telephone), roadways,parking areas,parking structures, sidewalks, curbs and gutters,lighting, etc., may also evidence obsolescence in terms of their relationship to contemporary development standards for such improvements. Factors of obsolescence may include inadequate utility capacities, outdated building designs, etc. Obsolescence as a factor should be based upon the documented presence and reasonable dis- tribution of buildings and site improvements evidencing such obsolescence. Obsolete Building Types Obsolete buildings contain characteristics or deficiencies that limit their long-term sound use or reuse. Obsolescence in such buildings is typically difficult and expensive to correct. Obsolete building types have an adverse affect on nearby and surrounding development and detract from the physical, functional and economic vitality of the area. Obsolescence is present in a significant number of structures in the Project Area. These structures are characterized by conditions that limit their efficient or economic use according to contemporary standards. These buildings include single-purpose storage buildings as well as small buildings of limited size and/or narrow tenant space with limited long-term utility or capacity for conversion or expansion for contemporary business or retail use. Obsolescence is also evidenced by buildings that have been converted to new uses including residential buildings and buildings of limited size converted to, or expanded for, commercial or office space. Conclusion: The analysis indicates that obsolescence is present to a meaningful extent in three blocks and to a limited extent in ten blocks and therefore is present to a meaningful extent and reasonably distributed throughout the Project Area. C. Deterioration As defined in the Act, "deterioration"refers to, with respect to buildings, defects including, but not limited to, major defects in the secondary building components such as doors, windows, porches, gutters and downspouts, and fascia. With respect to surface improvements, the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved surfaces. Based on the definition given by the Act, deterioration refers to any physical deficiencies or disrepair in buildings or site improvements requiring treatment or repair. • Deterioration may be evident in basically sound buildings containing minor defects, such as lack of painting, loose or missing materials, or holes and cracks over limited areas. This deterioration can be corrected through normal maintenance. • Deterioration which is not easily correctable and cannot be accomplished in the course of normal maintenance may also be evident in buildings. Such buildings may be classified as minor deficient or major deficient buildings, depending upon the degree or extent of Downtown Yorkville Redevelopment ProjectArea Tax Increment Financing Eligibility Study Exhibit I,page 73 Yorkville,IIlinois—March 17,2006 defects. This would include buildings with defects in the secondary building components (e.g., doors, windows, porches, gutters and downspouts, fascia materials, etc.), and defects in primary building components (e.g., foundations, frames, roofs, etc.), respectively. Deterioration of Street Pavement,Parking and Service Areas Deteriorated street rights-of-way infrastructure is present in a number of locations in the Project Area. Portions of several streets contain deteriorated pavement with potholes, gravel or worn asphalt and lack curbs, gutters and sidewalks. Retaining walls along some streets are also eroding or deteriorating. Parking surface and storage areas throughout the Project Area vary in condition but several parking areas consist of (i) gravel surfaces with weed growth and/or potholes or(ii)deteriorating paved asphalt parking areas with protruding weed growth. Deterioration of Buildings The analysis of building deterioration is based on the survey methodology and criteria described in the preceding section on page 9 `Building Condition Survey." Of the total 114 buildings, 63 (54 percent) of the buildings within the Project Area, are classified as deteriorating. As noted in Table 1,building deterioration is present throughout most of the blocks within the Project Area. Table 1. Summary of Building Deterioration *Tax Block Minor Major Number Total Buildings Sound Deficient Deficient Substandard Percent Deficient —..- — --- 80% __ . ...... ... . . T— - 1 77% _ 154. --. — _ 75% E 4 i 1 0 ..__ ._.155...... .... T-- - 62% 1561177 13 + 5 0_-- - 157/3011430 5 4= ..._.. 20% 1 . . ._. 0 _—�-- ' 158!304 - 6 _ 1—_ 4 0 -- - 25%4 i 3 1 -. - - - 0 33% 6 4 252 - 1 - 1 ... _ _..------- -- 670/( 278- 3 � I 0 2 0 -- -.. - .-_------ 0 -- ` -- '-- --- .. 100% 3 1 _ 2 ' ._. ...281 —r 0% 5 = 4 0 20% 25% 283 1 . 2 : 0 5 2 0 287 2 I - -- -- -: — _ .—_.._.-.... . .. 43% 291/292/429 .---7- 4 3 307/178 5 3 € 2 —= ---0-----... — 0 --- 40% 1 I 2 83% 326/376 6 ----'-- —_. _ ; _.._ 2 ;.. __ 1 3 _......__...0..._.............. 0 ._.._..._..._433__..._-...__. .---T Total 114 53 37 18 6 54% *Tax blocks without buildings are not included Conclusion: Deterioration is present to a meaningful extent in twelve blocks and to a limited extent in six blocks and therefore is present to a meaningful extent throughout the Project Area. Doumtoxm Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibitl,page 14 Yorkville,Dlinois—March 17,2006 D. Presence of Structures Below Minimum Code Standards As defined in the Act, the 'presence of structures below minimum code standards" refers to all structures that do not meet the standards of zoning, subdivision, building, fire, and other governmental codes applicable to property, but not including housing and property maintenance codes. As referenced in the definition above,the principal purposes of governmental codes applicable to properties are to require buildings to be constructed in such a way as to sustain safety of loads expected from the type of occupancy; to be safe for occupancy against fire and similar hazards; and/or to establish minimum standards essential for safe and sanitary habitation. Structures below minimum code standards are characterized by defects or deficiencies that threaten health and safety. Determination of the presence of structures below minimum code standards was based upon visible defects and advanced deterioration of building components from the exterior surveys. Of the total 114 buildings, 24 (21 percent) exhibited advanced deterioration and defects that are below the standards for existing buildings and related codes of the City of Yorkville. Conclusion: The factor of structures below minimum code standards is present to a meaningful extent in five blocks and to a limited extent in six blocks and therefore is present to a limited extent. E. Excessive Vacancies As defined in the Act, "excessive vacancies" refers to the presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies. Excessive vacancies as a factor is present in several blocks within the Project Area. Based on the surveys, excessive vacancies are due, in large part, to the relocation of the former FS Grain Company site which left behind a complex of vacant industrial buildings. In addition, vacant units or floor areas are present in several multi-family residential and mixed-use buildings throughout the Project Area. Conclusion: Excessive vacancies as a factor is present to a meaningful extent in two blocks and to a limited extent in six blocks and therefore is present to a limited extent. F. Inadequate Utilities As defined in the Act, "inadequate utilities"refers to underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone, and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated, antiquated, obsolete, or in disrepair, or(iii) lacking within the redevelopment project area. Based upon information provided by the City's consultant engineer, much of the Project Area consists of very old main pipes, with only some sections that have been constructed recently. In Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibitl,page 15 Yorkville,Illinois—March 17,2006 the last two years, construction projects on Mill Street, Van Emmon Street and Hydraulic Avenue have provided newer mains and connections to adjacent streets. Otherwise, most of the utilities are considerably older and range in their physical conditions. Water utilities The water supply mains vary in sizes and conditions in this area. The sizes consist of 1", 4", 6", 8", 12" and 16" mains. Mill Street and Van Emmon Street have newer 16" and 12" mains respectively, while the other mains in the Project Area range in size. The conditions of these mains vary according to age. Sanitaa Utilities The sanitary mains in the Project Area are mostly in fair to poor condition. Overall, the mains are over 40-years old and are typically 8" clay pipes. A few exceptions are the 24"main on the far W. Van Emmon Street and Fox River crossing, and the new interceptor main, which is 42" and runs along most of Van Emmon Street(east from the River crossing). Storm Sewers The storm sewers in the Project Area are also at least 40 years old and consist of clay pipes. The storm main on the east side of Bridge Street, from Fox Street to the river, consists of at least 30" and 36" pipe. On the west side of Bridge Street, the inlets show 8" size mains, yet their destinations are hard to track, some showing no downstream connection. The upcoming "In Town Road Project'will address many of the stormwater mains. Conclusion: Inadequate utilities, as a factor is present to a meaningful extent and reasonably distributed throughout the Project Area. G. Excessive Land Coverage& Overcrowding of Structures and Community Facilities As defined in the Act, "excessive land coverage and overcrowding of structures and community facilities" refers to the over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples ofproblem conditions warranting the designation of an area as one exhibiting excessive land coverage are: the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonable required off-street parking, or inadequate provision for loading and service. Excessive land coverage and overcrowding of structures and community facilities is present within several blocks of the Project Area as indicated primarily by buildings that cover most or all of the parcels upon which they are situated or have multiple buildings on a single tax parcel. The properties affected are mostly commercial or industrial properties that do not contain adequate front, rear and side yards, off-street parking space, and adequate loading and service areas. Parcels with multiple buildings are also characterized by excessive land coverage. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit I,page 16 Yorkville,Illinois—March 17,2006 Conclusion: Excessive land coverage and overcrowding of structures and community facilities is present to a meaningful extent in three blocks and to a limited extent in one block and therefore is present to a limited extent within the Project Area. H. Deleterious Land Use or Layout As defined in the Act, "deleterious land-use or layout refers to the existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area Several blocks are impacted by incompatible and inappropriate uses. Patchwork and conflicting mixtures of residential, commercial and industrial buildings are problematic especially in the blocks cast of Bridge Street. Conclusion: The factor of deleterious land-use or layout is present to a meaningful extent in one block and to a limited extent in five blocks and therefore is present to a limited extent. I. Lack of Community Planning As defined in the Act, "lack of community planning" means that the proposed redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community or central area plan or that the plan was not followed at the time of the area's development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards, or other evidence demonstrating an absence of effective community planning. Most of the Project Area was developed from the late 1800s through the mid-1900s on a parcel- by-parcel and building-by-building basis. Development occurred prior to the benefit of a comprehensive, community plan, or guidelines requiring proper land use arrangements, building setbacks and loading or service requirements (the City's first Comprehensive Plan was adopted in 1974). Evidence of this lack of community planning includes: (i) incompatible mixes of residential, commercial and industrial uses without appropriate buffers, screening or segregated access for parking, loading and service; (ii) inadequate street size and layout in several portions of the Project Area which makes circulation and access difficult and confusing; (iii) the location of the rail right-of-way coupled with a steep ascending grade from Hydraulic Avenue south which inhibits pedestrian and vehicular movement as well as development potential; and (iv) parcels of inadequate size and shape for existing uses, lack of accessibility for servicing buildings and businesses, lack of proper building setbacks, building conversions and incompatible uses. Conclusion: Lack of community planning as a factor is present to a meaningful extent in the Project Area. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 1,page 17 Yorkville,Illinois—March 17,2006 J. Declining or Lagging Equalized Assessed Valuation As defined in the Act, a "declining or lagging equalized assessed valuation"means that the total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available. Table 2: Growth of the Project Area vs.the City of Yorkville Downtown Yorkville TIF Redevelopment Project Area Total EAV of the City of Yorkville Total EAV of the Year (excluding Project Area %change Project Area %change 1999 105,966,834 4,445,234 2000 113,055,648 6.7% 4,608,079 3.7% 2001 130,447,353 15.4% 4,754,390 3.2% 2002 162,750,061 24.8% 5,007,993 5.3% 2003 196,254,810 20.6% 5,066,525 1.2% 2004 1 232,856,122 18.6% 1 5,500,355 8.6% In each of the years between 1999 and 2004, the growth rate of the total equalized assessed valuation ("EAV") of the Project Area lagged behind the growth rate in the total EAV of the balance of the City as a whole (total EAV of the City less total Project Area EAV). Conclusion: The factor of"declining or lagging equalized assessed valuation" is present to a meaningful extent and reasonably distributed throughout the Project Area. Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibitl,page 18 Yorkville,Illinois March 17,2006 V. ELIGIBILITY CONCLUSIONS The Project Area meets the requirements of the Act for designation as a "conservation area." In addition to the prerequisite factor of age, there is a meaningful presence and a reasonable distribution of five of the thirteen factors listed in the Act. These include: 1. Obsolescence 2. Deterioration 3. Inadequate utilities 4. Declining or lagging equalized assessed valuation 5. Lack of community planning Additionally, there are five factors present to a lesser degree but support the conservation area finding,including: 1. Dilapidation 2. Excessive vacancies 3. Excessive land coverage and overcrowding of community facilities 4. Deleterious land use or layout 5. Structures below minimum code standards The location and distribution of conservation area factors are outlined in Table 3. The conclusion of the Eligibility Study is that the Project Area is in need of revitalization and redevelopment to ensure that it will contribute to the long-term physical, economic, and social well-being of the City. The presence of conservation factors in the Project Area indicates that the Project Area has not been subject to sound growth and development through investment by private enterprise,and would not reasonably be anticipated to be redeveloped without public action. Downtown Yorkville Redevelopment project Area Tax Increment Financing Eligibility Study Exhibitl,page 19 Yorkville,Illinois—March 17,2006 Table 3. Distribution of Conservation Area Factors d v � b L # A 9J bL i C DO d b y O p r Y O c G N u C Tax Block Number** w > e m w o a Q q O q cn w w 0 153 • O • O • O • • 154 • O O • • • • O • • 155 • • • • • O • O • • 156/177 • O • O O • • • • • 157/301/430 O O • • • 158/304 • O • O O • • • 176 • O • • • 252 O O • O • • • 278 O • • • • • 279 • O • • • • O • • 280 • O • • • 281 • • • • 282 • O O O O • • • 283 • O • O O • • • • 287 • • • • • • 291/292/429 • • O • • • 307/178 • O • O • • • 326/376 • O O • • O • O • • 433 • O O • • • • • Meaningful Presence O Limited Presence *This factor is assessed on a Project Area-wide basis **Blocks without buildings are not included Downtown Yorkville Redevelopment Project Area Tax Increment Financing Eligibility Study Exhibit 1,page 20 Yorkville,Illinois—March 17,2006 EXHIBIT II: DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA HOUSING IMPACT STUDY DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA HOUSING IMPACT STUDY UNITED CITY OF YORKVILLE, ILLINOIS March 24,2006 Prepared by: Ehlers &Associates, Inc. TABLE OF CONTENTS INTRODUCTION TO ASSESSMENT OF HOUSING IMPACT...................................................................1 PARTI..................................................................................................................................................................4 (I)NUMBER AND TYPE OF RESIDENTIAL UNITS..................................................................................................4 (II)NUMBER AND TYPE OF ROOMS WITHIN UNITS..............................................................................................4 (in)NUMBER OF INHABITED UNITS....................................................................................................................5 (IV)DEMOGRAPHICS AND RACE AND ETHNICITY OF RESIDENTS........................................................................6 PARTH.................................................................................................................................................................5 (I)NUMBER AND LOCATION OF UNITS TO BE REMOVED.....................................................................................9 (H)RELOCATION PLAN.....................................................................................................................................10 (HI)REPLACEMENT HOUSING...........................................................................................................................12 (IV)RELOCATION ASSISTANCE.........................................................................................................................14 Introduction to Assessment of Housing Impact The purpose of this report is to conduct a Housing Impact Study for the Downtown Yorkville Tax Increment Financing Redevelopment Project Area ("Redevelopment Project Area") in the United City of Yorkville, Kendall County, Illinois (the "City") as set forth in the Tax Increment Allocation Redevelopment Act (the "Act") 65 ILCS 5/11-74.4-1 et seq., as amended. The Redevelopment Project Area encompasses most of Downtown Yorkville and generally includes the north and south frontage of Hydraulic Street from the corporate boundary on the east to the White Oak Way subdivision on the west; the northern frontage of Van Emmon Street from Adams Street on the west to the corporate boundary on the east; the southern frontage of Van Emmon Street from Main Street on the west to the corporate boundary on the east; the frontage of Bridge Street from the Fox River on the north to Fox Street on the south; and the eastern frontage of Main Street from the Fox River on the north to Fox Street on the south. The Redevelopment Project Area is shown in Figure 1. The Act requires that if the redevelopment plan for a redevelopment project area would result in the displacement of residents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inhabited residential units and the City is unable to certify that no displacement of residents will occur, the City shall prepare a Housing Impact Study and incorporate the study into the separate feasibility report required by subsection 11-74.4-5(a) of the Act, which for the purposes hereof shall also be the "Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan," or "Redevelopment Project and Plan," or the "Redevelopment Plan." The Redevelopment Plan incorporates this document by reference. As of January 1, 2006, the Redevelopment Project Area has 63 buildings with residential uses, and 143 total dwelling units within its boundary. The primary goal of the Redevelopment Project and Plan is to reduce or eliminate conditions that qualify the redevelopment area as a conservation area and to provide the direction and mechanisms necessary to revitalize the Redevelopment Project Area as a cohesive and vibrant mixed-use district. The Redevelopment Plan provides for public projects that may be accomplished through normal market transactions with property owners and does not provide for acquisition of property or homes by the City through eminent domain. Public projects and new development and redevelopment by the private sector, with or without incentives from the City, will likely result in the displacement of inhabited residential units. Therefore, the City cannot certify that no displacement will occur over the 23-year term of the Redevelopment Project Area and a housing impact study is required. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit II,page I Housing Impact Study, Yorkville,IL March 24,2006 Under the provisions of the Act, Part I of the housing impact study shall include: (i) Data from field surveys and census data as to whether the residential units are single-family or multi-family units; (ii) Documentation of the number and type of rooms within the units, provided that information is available; (iii) Documentation of whether the units are inhabited or uninhabited, as determined not less than 45 days before the date that the ordinance or resolution required by subsection (a) of Section 11-74.4-5 of the Act is passed; and (iv) Data as to the racial and ethnic composition of the residents in the inhabited residential units. (This data requirement shall be deemed to be fully satisfied if based on data from the most recent federal Census). Part II of the housing impact study identifies the inhabited residential units in the proposed redevelopment project area that are to be, or may be, removed. If inhabited residential units are to be removed, then the housing impact study shall identify: (i) The number and location of those units that may be removed; (ii) The municipality's plans for relocation assistance for those residents in the proposed redevelopment project area whose residences may be removed; (iii) The availability of replacement housing for those residents whose residences may be removed, and identification of the type, location, and cost of the replacement housing; and (iv) The type and extent of relocation assistance to be provided. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit II,page 2 Housing Impact Study, Yorkville,IL March 24,2006 � . .;. .. .......................... & 7) \ ■ / � ■ \ ) ! © ■ | \ & f !— ! , ■ , )_ ; ■ ! � ! — E § • ° ! — | • \_- mmo ■ , _ ■ _ G ! , ® ` � ■ /'IN ° ! S-2 / - � ' ■ r - ��� •` , \ƒ .- ! . Ky-j I �, / \� | 4 to . . ^, }/ ■ § ...... •_� a / W : ` W } 0 PART I Part I of this study provides the type, size and number of residential units within the Redevelopment Project Area; the number of inhabited and uninhabited units, and the racial and ethnic composition of the residents in the inhabited residential units. (i) Number and Type of Residential Units The number and type of residential buildings in the area were identified during the building condition and land use survey conducted as part of the eligibility analysis for the Redevelopment Project Area. In order to identify residential units in the field, Ehlers and Associates utilized several methods, including counts of door buzzers, mailboxes, windows, contacting management companies, and other indicators. This survey, completed in December 2005, revealed that the Redevelopment Project Area contains 63 residential buildings containing approximately 143 total dwelling units, including 40 single-family homes and 103 dwelling units in multi-family or mixed- use buildings. (ii) Number and Type of Rooms within Units The distribution within the Redevelopment Project Area of the 143 residential units by number of rooms and by number of bedrooms is estimated in tables within this section. The methodology to estimate this information is described below. Methodology In order to estimate the distribution of residential units, by number and type of rooms, within the Redevelopment Project Area, Ehlers and Associates analyzed 2000 U.S. Census data by Block Groups for the Block Group encompassed by the Redevelopment Project Area. A Block Group is a combination of U.S. Census blocks, and is the lowest level of geography for which the U.S. Census Bureau tabulates sample, or long-form, data. The U.S. Census data for the Block Group 2 containing the Redevelopment Project Area has 79 renter-occupied units. We have relied on the 2000 U.S. Census Block Group sample data for renter occupied households because it is the best available information regarding the structures and residents of the Redevelopment Project Area. These Block Group data show the distribution of renter-occupied housing units by the number of bedrooms and the total number of rooms within each unit. The estimated distribution of units by bedroom type and number of rooms are as follows- Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhiblt IL page 4 Housing Impact Study,Yorkville,H, ' March 24,2006 - Table 1. Units by Bedroom Type Block Group 2,U.S. U.S.Census Tract 8906, Census Tract 8906, Redevelopment Project Kendall County,Illinois Kendall County,Illinois Area Total: 2,008 476 143 Owner occupied: 1,614 397 119 No bedroom 0 0 0 1 bedroom 18 0 0 2 bedrooms 268 37 11 3 bedrooms 739 161 49 4 bedrooms 517 169 51 5 or more bedrooms 72 30 8 Renter occupied: 394 79 26 No bedroom 0 0 0 1 bedroom 32 8 2 2 bedrooms 165 0 0 3 bedrooms 108 35 12 4 bedrooms 59 18 6 5 or more bedrooms 30 1 18 6 Source U.S. Census, Census 2000, Table H-42 Table 2. Units by Number of Rooms Block Group 2,U.S. U.S.Census Tract 8906, Census Tract 8906, Redevelopment Project Kendall County,Illinois Kendall County,Illinois Area Total: 2,078 486 143 No bedroom 0 0 0 1 room 50 8 3 2 rooms 1 469 42 12 3 rooms 1 875 201 60 4 rooms 582 187 54 5 rooms 102 48 14 Source U.S. Census, Census 2000, Table H-41 (iii) Number of Inhabited Units According to data compiled from the survey completed by Ehlers and Associates in December 2005 and evidence from the 2000 U.S. Census, the Redevelopment Project Area contains an estimated 143 residential units of which approximately 3 units (2.1%) are estimated to be vacant (this is based on the Census statistics since it provides a more conservative estimate than observed vacancies). Therefore, there are approximately 140 inhabited units within the Redevelopment Project Area. As required by the Act, this information was ascertained as of January 1, 2006, which is a date not less than 45 days prior to the date that the resolution or ordinance Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit II,page 5 Housing Impact Study, Yorkville,IL March 24,2006 required by Subsection 11-74.4-5 (a) of the Act was, or will be, passed (the resolution or ordinance setting the public hearing and Joint Review Board meeting dates). (iv) Demographics and Race and Ethnicity of Residents As required by the Act, the racial and ethnic composition of the residents in the inhabited residential units was determined by using 2000 U. S. Census data. The average household size for renters within the Block Group which includes the Redevelopment Project Area was 3.05 persons for owner occupied units and 2.17 persons for renter-occupied units. Therefore, there are an estimated 423 residents living within the proposed boundaries. The race and ethnic composition of these residents are estimated as follows: Table 3. Race and Ethnicity Block Group 2,U.S. U.S.Census Tract 8906, Census Tract 8906, Redevelopment Project Kendall County,Illinois Kendall County,Illinois Area Total: 2,008 476 143 owner occupied: 1,614 397 119 Householder who is White alone 1597 389 117 Householder who is Black or African American alone 0 0 0 Householder who is American Indian and Alaska Native alone _ 0 0 0 Householder who is Asian alone 0 0 0 Householder who is Native Hawaiian and Other Pacific Islander alone _ 0 0 0 Householder who is Some other race alone 17 8 2 Householder who is Two or more races __ 0 0 0 Renter occupied: 394 79 24 Householder who is White alone 372 79 24 Householder who is Black or African American alone 0 0 0 Householder who is American Indian and Alaska Native alone 0 0 0 Householder who is Asian alone 0 0 0 Householder who is Native Hawaiian and Other Pacific Islander alone 0 0 0 Householder who is Some other race alone _ 0 0 0 Householder who is Two or more races 1 22 0 0 Source: U.S. Census, Census 2000 Downtown Yorkville Tax Increment Financing Redevelopment Project Area Ex":bit Lr p^ag°-6 - - Housing Impact Study, Yorkville,IL March 24,2006 Table 4. Hispanic Origin Block Group 2,U.S. U.S.Census Tract Census Tract 8906, 8906,Kendall Kendall County, Redevelopment County,Illinois Illinois Project Area Total: 39 15 4 Owner occupied 24 8 2 Renter occupied 15 7 2 Source U.S. Census, Census 2000 Ehlers also has estimated the potential distribution by income of the households living in the inhabited units within the Redevelopment Project Area. In order to estimate the number of moderate-, low-, very low-, and very, very low-income households in the Redevelopment Project Area, Ehlers and Associates used Block Group data on renter-occupied household incomes from the 2000 U.S. Census. As determined by HUD, the definitions of the income categories, adjusted for family size, are as follows: (i) A very, very low-income household has an adjusted income of less than 30% of the area median income. (ii) A very low-income household earns between 30% and 50% of the area median income. (iii) A low-income household earns between 50% and 80% of the area median. (iv) A moderate-income household earns between 80% and 120% of the area median. Of all households residing within the U.S. Census Tract encompassed by the Redevelopment Project Area: 5% may be classified as very, very low-income or lower, 11% may be classified as very low-income, 8% may be classified as low income , and 26% may be classified as moderate-income households. Downtown Yorkville Tax Increment Financing Redevelopment project Area Exhibit H,page 7 Housing Impact Study, Yorkville,IL March 24,2006 Table 5. Distribution of Income by Renter and Owner Occupied Households U.S.Census Tract 8906,Kendall Redevelopment County,Illinois Project Area 1695 143 Owner occupied: 1,357 115 Less than$10,000 25 2 $10,000 to$19,999 22 2 $20,000 to$34,999 140 11 $35,000 to$49,999 225 30 $50,000 to$74,999 353 33 $75,000 to$99,999 387 42 $100,000 or more 205 17 Renter occupied: 338 28 Less than$10,000 8 1 $10,000 to$19,999 26 2 $20,000 to$34,999 50 4 $35,000 to$49,999 117 10 $50,000 to$74,999 94 8 $75,000 to$99,999 27 2 $100,000 or more 3 1 Source:U.S. Census 2000 Table 6. Distribution of Income by Poverty Status in the U.S. Census Tract of the Redevelopment Pro ect Area Annual Income Rate Income Category Percentage (Average HH of 2 Persons Very,very low 5% $0-$18117 Very low 11% $18,118-$30,195 Low 8.2% $30,196-$48,313 Moderate 26% $48,314-$72,469 Subtotal of Moderate Income or Lower 50% $0-$60,391 Over 120%AM 50% +$60,391 Total 100% Source' U.S. Census, Census 2000 As described in Table 6, the estimates of households at or below the moderate- income level collectively represent 50% of the total inhabited units. The City will implement the "Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan" (including the requirements applicable to composition of the joint review board under Section 11-74.4-5(b) of the Act) as if more than 50 percent of the residential units are occupied by very, very low-, very low-, low-, or moderate-income households. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit I',page 8 - Housing Impact Study, Yorkville,IL March 24, 2006 - PART II (i) Number and Location of Units to be Removed The Redevelopment Plan calls for new development and redevelopment of commercial, residential and mixed-use commercial/residential uses throughout the Redevelopment Project Area consistent with the City's 2002 Comprehensive Plan and the City's 2005 Downtown Vision Plan. Improvement projects supported by the Redevelopment Plan include the rehabilitation and reuse of existing sound residential and commercial buildings; new residential development; new commercial and mixed- use development; and creation and enhancement of community facilities and amenities. Because the Redevelopment Project Area includes a number of inhabited residential units that may be impacted by implementation of the Redevelopment Plan, information is provided regarding the Redevelopment Plan's potential impact on housing. The Redevelopment Project, presented in Section V of the Redevelopment Plan, identifies the overall redevelopment concept and future land uses to be in effect upon adoption of the Redevelopment Plan. If public or private redevelopment occurs as a result of the Redevelopment Project and Plan; displacement of inhabited residential properties may result. Properties that may be subject to change due to redevelopment efforts could result in the displacement of 66 residential units in 31 buildings. In addition to being located in key redevelopment opportunity areas, several of these buildings are also characterized as seriously deteriorated. The location for each of the properties with inhabited residential units that may be subject to displacement is shown in Table 7 and Figure 2. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit II,page 9 Housing Impact Study, Yorkville,LE March 24,2006 - Table 7. Properties with inhabited residential units that may be subject to displacement Parcel Address #of Units 05-38-279-007 109 Bridge 20 05-38-279-002 119/125 W.Hydraulic 4 05-38-278-010 207/209 W.Hydraulic 4 05-38-278-005/009 209 W.Hydraulic 7 05-38-281-001 308 W.Hydraulic 1 05-38-281-002 201 S.State 1 05-38-281-003 203 S. State 1 05-38-281-006 207 S. State 1 05-38-281-007 307 W.Van Emmon 1 05-38-282-001 208 W.Hydraulic 1 05-38-282-003 201 W.Van Emmon 1 05-38-282-003 207 W.Van Emmon 1 05-38-282-004 207 S.Main/201 W.Van Emmon 2 05-38-282-005 204 W.Hydraulic 1 05-38-283-002 117 W.Van Emmon 1 05-38-283-003 201/203 S.Bridge 2 05-38-283-004 223 S.Bridge 1 05-38-283-007/010 213/215 S.Bridge 2 05-38-283-011 217 S.Bridge 1 05-38-283-012 219 S.Bridge 1 05-38-287-002 122 W.Van Emmon 1 05-39-153-003 109 E.Hydraulic 2 05-39-154-002 208 S.Bridge 1 05-39-154-008 226 S.Bridge 1 05-39-156-005 301 E.Van Emmon 1 05-39-156-006 305 E.Van Emmon 1 05-39-156-007 307 E.Van Emmon 1 05-39-156-010 300 E.Hydraulic 1 05-39-157-007 301 S.Heustis 1 05-39-157-008 303 S.Heustis 1 01-39-177-012 315 E.Van Emmon 1 Total units: 66 (ii) Relocation Plan The City's plan for relocation assistance for those qualified residents in the Redevelopment Project Area whose residences may be removed shall be consistent with the requirements set forth in Section 11-74.4-3(n)(7) of the Act. The terms and conditions of such assistance are described in subpart (iv) below. No specific relocation plan has been prepared by the City as of the date of this report because no project has been approved by the City. Until such a redevelopment project is approved, there is no certainty that any removal of residences will actually occur. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit H,page 10 Housing Impact Study, Yorkville,IL March 24,2006 G �+ 4 A a 1 t 1 9 I 00000 Y5211➢i 1 ...pus saen�i IR 9 Z I "I _ L6 1I B a r r F� 9JP � � 9 WAQL g 1Y Y UL �P � w curs C _l HIYW'8 � B �I l 3�R<. � U T6 HLW8 U N S iS��IQyi C 7� "k 1 � p b q ro N W 9 � a ° Z � N 0 � x a W a � V w m a rt a w -- ° G W Dom I O1 U N U D (iii) Replacement Housing In accordance with Subsection 11-74.4-3(n)(7) of the Act, the City shall make a good faith effort to ensure that affordable replacement housing located in or near the Redevelopment Project Area is available for any qualified displaced residents. Under the potential redevelopment scenarios involving the redevelopment or rehabilitation of the existing residential uses within the Redevelopment Project Area, it is possible that rehabilitation or redevelopment could be staged to limit or prevent displacement of households and the need to provide for affordable replacement units within the Redevelopment Project Area. Based on the nature of redevelopment that could occur in the Redevelopment Project Area, it may be possible to locate replacement units both inside and outside of the Redevelopment Project Area. In order to determine the availability of replacement housing for those residents who may potentially be displaced by redevelopment activity, Ehlers and Associates examined several data sources, including vacancy data from the 2000 U.S. Census, apartment listings from local newspapers, and field research. A. Vacancy Data According to the 2000 U.S. Census figures, the Block Group surrounding and encompassing the Redevelopment Project Area contained 486 housing units, of which 10 were vacant and/or for rent in 2000. Table 8 summarizes the distribution of vacant residential units in the Block Group of the Redevelopment Project Area by vacancy status, as compared to the City of Yorkville as a whole. Table 8. Vacancy Status U.S.Census Block Group 2, Redevelopment Yorkville Tract 8906, U.S.Census Project Area City, Kendall Tract 8906, Illinois County, Kendall Illinois County, Illinois Total: 70 1 10 2 81 For rent 12 0 0 39 For sale only 19 10 2 2 Rented or sold, not occupied 20 0 0 28 For seasonal, recreational, or occasional use 19 0 0 12 For migrant workers 0 0 0 0 Other vacant 0 0 0 0 Source U.S. Census, Census 2000, Table H-8 B. Availability of Replacement Rental Housing Two methods of research were used to quantify the amount of available rental housing within the general area of the Redevelopment Project Area. One method included a review of local newspaper listings. The location, type and cost of a sample of possible replacement rental housing units located within the City of Yorkville were determined through the examination of classified advertisements from the Beacon News, Kendall County Recorder, Chicago Tribune and apartments.com during the week of February 27, 2006. Available rental units Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit II,page 12 Housing Impact Study, Yorkville,IL March 24,2006 identified within the market area for the Redevelopment Project Area are summarized in Table 9. Table 9. Available Replace ant Rental Units, Week of February 27, 2006 Approximate Utilities included In Address Type Size rental price Rental Price Availability 1 Yorkville Townhome 2 bedroom No $1295 asap Yorkville Townhome 3 bedroom No $1250 asap 2 asap Yorkville Condo 1 bedroom No $1095 3 4 Yorkville Condo 2 bedroom No $1295 asap 5 Yorkville Condo 1 bedroom Yes $1195 asap 6 Yorkville Condo 1 bedroom No $1150 asap 7 302 E.Kendall Drive Apartment 1-3 bedrooms No $990-$1570 asap 6 302 Mulhern Ct. Apartment 1-2 bedrooms No $680-$815 asap 9 Yorkville Bristol Single Family 3 bedroom No $1450 asap .Information is based on Beacon News,Kendall County Recorderand apartments.com classified sample conducted during the week of February 27,2006. HUD affordability standards state that monthly rent, including utilities, should equal no more than 30% of gross household income. The range of maximum affordable monthly rents, according to HUD standards, is shown in Table 10 in comparison with the number of advertised vacant units by bedroom size and rent (where information was available) for rental housing found in our research. The information in Table 10 demonstrates that there are housing units affordable to households of low- and moderate-income currently available in the general market area that includes the Redevelopment Project Area. Table 70. Maximum Monthly Rent (including Utilities Affordable to Income Bracket Maximum Monthly Rent(Including Utilities) Affordable to Income Bracket Number Implied Very,Very Very Low Low Moderate observed Units of BRs Family Low Range of Identified Size[1] Advertised [3] Units[2] 0 1 $396 $660 $1056 $1583 nla 0 1 1.5 $424 $706 $1131 $1697 $580-1195 10 2 3 $509 $848 $1357 $1775 $815-1295 7 3 4.5 $588 $980 $1568 $2352 $1250-1570 8 4 6 $656 $1093 $1749 $2624 We 0 Total Number of vacant Units in Sample 25 [I]Derived from the number of bedrooms using HUD formulas. [2]Based on a sample of apartments located in Yorkville, IL.It is a compilation of units advertised in the Beacon News and Kendall County Recorder, and apartments-cont during the week of February 27, 2006. [3J Refers to the number of units in the sample taken by Ehlers and Associates. In addition to our search for market-rate apartments, we estimated the number of assisted affordable housing units available within Kendall County. Ehlers consulted Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit 77,page 13 Housing Impact Study, Yorkville,IL March 24,2006 United States Department of Housing and Urban Development and Illinois Housing Development Authority sources regarding the availability of these units in Kendall County. For purposes of this analysis, affordable housing includes units affordable to households earning less than 80% of the regional median income adjusted for size of household, consistent with the Illinois Affordable Housing Act. Our research focused on units receiving some form of assistance from the Illinois Housing Development Authority or the U.S. Department of Housing and Urban Development. Over one hundred units of subsidized housing for family households were identified in the surrounding communities in Kendall Countyl. C. Availability of Replacement Single-Family, For-Purchase Housing Available single-family homes "for purchase" identified within the neighborhood market area of the Redevelopment Project Area are summarized in Table 11. The average listed price for a single-family home in this area as of March 2006 is $217,533 and the average bedroom size is 3 bedrooms.2 Table 11. Availability of Replacement Sin le Family For Purchase Housing Approximate Address Type Size Asking Price 1 205 E. Main Street Single Family 3 bedroom $172,900 2 403 S. Main Single Family 2 bedroom $163,500 3 810 Morgan Street Single Family 3 bedroom $225,000 4 110 Fox St. Single Family 4 bedroom $239,000 5 507 Madison St. Sin le Family 3 bedroom $244,900 6 907 S. Main St. Sin le Family 3 bedroom 1 $259,900 (iy) Relocation Assistance In the event that the implementation of the Redevelopment Plan results in the removal of residential housing units in the Project Area occupied by low-income households or very low-income households, or the permanent displacement of low- income households or very low-income households from such residential housing units, such households shall be provided affordable housing and relocation assistance not less than that which would be provided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the regulations thereunder, including the eligibility criteria. Affordable housing may be either existing or newly constructed housing. The City is required by the Act to make a good faith effort to ensure that affordable replacement housing for such households is located in or near the Redevelopment Project Area. As used in the above paragraph, "low-income households," "very low-income households," and "affordable housing" have the meanings set forth in Section 3 of 'Illinois Housing Development Authority (http://www.ihda.org/map.aspx) 2 Multiple Listing Service,March 8,2006,provided by Coldwell Banker for all properties currently listed in Yorkville 1L. Downtown Yorkville Tiff Increment Financing Redevelopment Pmject Area Exhibit II,page 14 Housing Impact Study, Yorkville,II March 24,2006 the Illinois Affordable Housing Act, 310 ILLS 6513 et seq., as amended. As of the date of this study, these statutory terms have the following meaning: (i) "low-income household" means a single person, family or unrelated persons living together whose adjusted income is more than 50% but less than 80% of the median income of the area of residence, adjusted for family size, as such adjusted income and median income are determined from time to time by the United States Department of Housing and Urban Development ("HUD") for purposes of Section 8 of the United States Housing Act of 1937; (ii) "very low-income household" means a single person, family or unrelated persons living together whose adjusted income is not more than 50% of the median income of the area of residence, adjusted for family size, as so determined by HUD; and (iii) "affordable housing" means residential housing that, so long as the same is occupied by low-income households or very low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more than 30% of the maximum allowable income for such households, as applicable. The City of Yorkville will make a good faith effort to relocate these households to affordable housing located in or near the redevelopment project area and will provide relocation assistance not less than that which would be provided under the federal Uniform Relocation Assistance and Real Property Policies Act of 1970. Additionally, the City will take proactive measures to work with local housing agencies and organizations to ensure displaced residents find adequate housing. Downtown Yorkville Tax Increment Financing Redevelopment Project Area Exhibit 11,page 15 Housing impact Study,Yorkville,IL March 24,2006 EXHIBIT III: DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA LEGAL DESCRIPTION JAMES M. OLSON ASSOCIATES,LTD. Illinois Professional Land Surveyors Land Surveyors&Land Planners 107 west Madison Sboat Yorkv19&, Illinois 60560 Phone. 630-553-0050 Fax: M553-0964 March 24, 2008 Legal Description for City of Yorkville Downtown TIF District That part of Section 32 and part of the West Half of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows. Commencing at the Northwest comer of the Northeast Quarter of Section 4, Township 36 North, Range 7 East of the Third Principal Meridiarr thence North 01°11'52'East parallel with the East line of the Southwest Quarter of said Section 33, a distance of 1356.81 feet to a point on the South line of a tract described in a Quit Claim Deed from Palos Bank and Trust Company, Trust No. 1-1620 to Bruce 0. and Virginia J. Buhrmester, his wife, recorded as Document No. 83-5890 on December'23, 1983 which is 45.43 feet westerly, as measured along said South line, of the Southeast comer of sold tract thence South 88148'09"East 45.43 feet to said southeast comer, thence North 88°48'09"West along said South line 415.06 feet to a westerly line of said tract thence North 01011 157 East along said westerly line 246.0 feet to a southerly line of said tract; thence North 88048'09"West along said southerly line to the West line of the former Fox and Illinois Union Railway Company right-of way; thence North 08°10'52"East along said West line to an old claim line"drawn southeasterly from the Southeast comer of Price's First Addition to Yorkville; thence northwesterly along said"old claim line"486.54 feet to the Southeast comer of said Prices'Addition; thence northerly along the East line of said Price's Addition 367.63 feet to the Northeast comer thereot, thence westerly along the North line of said Price's Addition 526.3 feet to the midpoint on the South line or Block 13 of Black's Addition to Yorkville;thence northerly 297.85 feet to the midpoint on the North line of said Block 13; thence westerly along the South line of VanEmmon Street 119.50 feet to the East line of Mill Street, thence southerly along said East line to the South line of Lot 6 in "Ter-Jac Subdivision'extended easterly; thence westerly along said extended South line, said South line and said South line extended westerly 164.5 feet to the West line of the East 6 feet of Lot 1 in said 'Ter-Jac Subdivision; thence southerly along said West fine 84.11 feet to the South line of said Lot 1; thence westerly along said South line of Lot i a distance of 190.0 feet to the West line of Heustis Street; thence northerly along said West line to a point which is JAMES M.OLSON ASSOCMTES,Lrb. Illinois Professional Land Surveyors Land Surveyors&Land Planners 107 West Madiwn Sheet Yorkville, Illinois 60560 Phone: 630-55&0050 Fax: 630.553-0964 234.30 feet southerly of as measured along said West line, the South line of Vanl=mmon Street;thence westerly along a line which forms an angle of 92°16'with the last described course, measured clockwise therefrom, 175.0 feet;thence southerly parallel with said West line of Heustis Street 80.0 feet; thence westerly parallel with the penultimate course 52.0 feet thence southerly along a line which forms an angle of 88°23'with the last described course, measured clockwise therefrom, 263.50 feet; thence westerly along a line which forms an angle of 88044'with the last described course, measured counterclockwise therefrom, 188.0 feet to the East line of Bell Street; thence southerly along said East line 259.04 feet to the South line of Fox Street;thence westerly along said South line of Fox Street to the East Line of Illinois State Route No. 47; thence southerly along said East line to the South line of Lot 6 in Block 5, Mason's Addition to Yorkville°'thence westerly along the South line of Lots 6 and 7 in said Mason's Addition to the West line of said Route No. 47; thence southerly along said West line to the South line of a tract of land described in a deed recorded January 28, 1988 as Document 880498; thence westerly along the south line of said tract and the south line of a tract described in a deed recorded February 6, 1990 as Document 900871 to the west line of Lot 5 in Block 11 of the Original Village of Yorkville extended southerly, thence northerly along the West line of Lots 5 and 4 in said Block 11 to the Southeast comer of Lot 2 in said Block 11; thence westerly along the South line of said Lot 2 and said South line extended to the West line of South Main Street thence northerly along said West line to the South line of VanEmmon Street thence westerly along said South line to the East line extended southerly of Lot 3 in Block 4 of Black's Addition to Yorkville extended southerly; thence northerty along said extended East line and said East line to the Northeast comer of said Lot 3; thence northerly along the East line of Lot 4 in said Addition 40.30 feet thence easterly along a line which forms an angle of 69015'with the last described course, measured counterclockwise therefrom, 38.8 feet; thence northeasterly along a line which forts an angle of 136000'with the last described course, measured clockwise therefrom, 14.1 feet,thence northerly along a line which forms an angle of 225057'with the last described course, measured counterclockwise therefrom 32.0 feet; thence easterly along a line which forts an angle of 109053'with the last described course, measured counterclockwise therefrom, 64.33 feet to the West line of Adams Street thence northerly along said West line 27.0 feet to the North line of said Block 4; thence westerly along said North line 223.82 feet to the JAMES M. OLSON ASSOGATES,LTD. Illinois Professional Land Surveyors Land Surveyors&Land Planners 107 West Madison Street Yorkville, Illinois 60560 Phone: 630-553.0050 Fax: 630-553-0964 East line of Morgan Skeet thence southerly along said East line 240.55 feet to the center line of VanEmmon Street thence westerly along said center line and the center line of vacated VanEmmon Street and said center line extended westerly to the East line of Lot 3 in Block 24 of said Black's Second Addition; thence northerty along said east line to the south line of the north 143.0 feet to said Lot 3; thence westerly along the south line of the northerty 1430 feet of Lots 3 and 4 in said Block 24 to the west line of said Lot 4;thence southerly along said west line to the north line of Madison Court, thence westerly along said north line to the west line of Madison Court; thence southerly to the Northeast comer of Block 23 in said Black's Second Addition; thence westerly along the North line of said Block 23 a distance of 198.0 feet to the Northwest comer thereof thence southerly along the West line of said Block 23 a distance of 190.0 feet to the South line of Madison Street extended westerly; thence westerly along said extended South line 58.22 feet to a line drawn parallel with and 100.0 feet westerly of the West line of Lot 7 in Block 21 in said Black's Second Addition; thence southerly along said parallel line 99.91 feet to the South line extended westerly of said Lot 7; thence westerly along said extended South line 172.07 feet to the East line of White Oak Farm Unit 1; thence northerly along said East line, said East line extended and the East line of White Oak Farm Unit 2 to the southerly bank of the Fox River, thence easterly along said southerly bank to a line drawn South from the confluence of Blackberry Creek, thence North along said line to the North bank of the Fox River, thence easterly along said North bank to the eastern corporate limits of the United City of Yorkville, thence southerly along said corporate line to the East line of the Southeast Quarter of said Section 33; thence southerly along said East line to the point of beginning in the United Cily of Yorkville, Kendall County, Illinois. Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, DESIGNATING THE UNITED CITY OF YORKVILLE'S DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AND PLAN AND UNITED CITY OF YORKVILLE'S DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT,as Amended WHEREAS, it is desirable and in the best interests of the citizens of the United City of Yorkville, Kendall County, Illinois (the "Municipality"), for the Municipality to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act (the "Act"), as amended 65 ILCS 5/11-74.4-1 et seq. for a redevelopment project and plan (the "Project and Plan") within the municipal boundaries of the Municipality and within a proposed redevelopment project area(the "Area") described in Section 1 of this Ordinance; and, WHEREAS, the Mayor and City Council of the Municipality (the "Corporate Authorities") have heretofore by ordinance adopted and approved the Project and Plan, which Project and Plan were identified in such ordinance and were the subject, along with the Area designation hereinafter made, of a public hearing held on the 23`d day of May, 2006, at the Yorkville City Hall, and it is now necessary and desirable to designate the Area as a "redevelopment project area" pursuant to the Act. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. Area Designated. The Area, as legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference, is hereby designated as a redevelopment project area pursuant to Section 11-74.4-4 of the Act. The map of the Area showing the street location is depicted on Exhibit B attached hereto and incorporated herein as if set out in full by this reference. Section Z Invalidity of Any Section. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Superseder and Effective Date. All ordinances, resolutions, motions or orders in conflict herewith the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. ADOPTED this day of 12006. APPROVED: Mayor AYES: NAYS: ABSENT: Attest: City Clerk prkwille\10,oM ExhibitA Legal Description Exhibit B Map Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, ADOPTING TAX INCREMENT FINANCING FOR THE DOWNTOWN YORKVI LLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT PLAN AND AREA WHEREAS, it is desirable and in the best interests of the citizens of the United City of Yorkville, Kendall County, Illinois (the "Municipality"), for the Municipality to adopt tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, as amended (the "Act') 65 ILCS 5/11-74.4-1 et. seq.; and, WHEREAS, the Mayor and City Council of the Municipality (the "Corporate Authorities") have heretofore approved a redevelopment project and plan (the "Project and Plan") as required by the Act by passage of an ordinance and have heretofore designated a redevelopment project area (the "Area") as required by the Act by the passage of an ordinance and the Municipality has otherwise complied with all other conditions precedent required by the Act. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Tax Increment Financing Adopting. Tax increment allocation financing is hereby adopted to pay redevelopment project costs as defined in the Act and as set forth in the Project and Plan within the Area as legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is depicted on Exhibit B attached hereto and incorporated herein as if set out in full by this reference. Section 2. Allocation of Ad Valorem. Taxes. Pursuant to the Act, the ad valorem taxes, if any, arising from the levies upon taxable real property in the Area by taxing districts and tax rates determined in the manner provided in Section 11-74.4-9(c) of the Act each year after the effective date of this Ordinance until the Project costs and obligations issued in respect thereto have been paid shall be divided as follows: (a) That portion of taxes levied upon each taxable lot, block, tract or parcel of real property which is attributable to the lower of the current equalized assessed value or the initial equalized assessed value of each such taxable lot, block, tract or parcel of real property in the Area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing. (b) That portion, if any, of such taxes which is attributable to the increase in the current equalized assessed valuation of each lot, block, tract or parcel of real property in the Area over and above the initial equalized assessed value of each property in the Area shall be allocated to and when collected shall be paid to the municipal treasurer or to his designee pursuant to Section 207A of the Revenue Act of 1939 of the State of Illinois, as amended, who shall deposit said taxes into a special fund, hereby created, and designated the United City of Yorkville Tax Increment Financing Redevelopment Project Area Special Tax Allocation Account" of the Municipality, and such taxes shall be used for the purpose of paying Project costs and obligations incurred in the payment thereof. Section 3. Invalidity of Any Section. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 4. Superseder and Effective Date. All ordinances, resolutions, motions or orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. ADOPTED this day of 2006. APPROVED: Mayor AYES: NAYS: ABSENT: Attest: City Clerk yorkvilldMO.ord ExhibitA Legal Description Exhibit B Map E hC,41 O'o cir o United City of Yorkville Memo s ° 800 Game Farm Road EST. -1 W6 Yorkville, Illinois 60560 Telephone: 630-553-8545 op � Oy Fax: 630-553-3436 �h<LE Itiy` Date: June 7,2006 To: City Council From: Travis Miller, Community Development Director Subject: Hudson Lakes Request: Annexation and Zoning Background: 1. Plan Commission held public hearing for Annexation and Zoning February 8, 2006 and moved unanimously to forward a recommendation to approve the request subject to staff comments to City Council. 2. EDC reviewed February 16,2006 and requested petitioner to discuss necessary improvements to State Route 126 with IDOT prior to finalizing annexation agreement. 3. Plan Commission held public hearing for Preliminary Plan April 12,2006 and moved unanimously to forward a recommendation to approve the preliminary plan request subject to staff comments to City Council. 4. EDC reviewed Preliminary Plan April 27,2006 and forwarded to COW. 5. COW reviewed Preliminary Plan May 2, 2006 and forwarded to City Council 6. City Council approved Preliminary Plan May 9, 2006. Comments: 1. Based on staff review including Engineering and Community Development Department,the draft annexation agreement prepared by the petitioner has been modified per staff recommendations. Attached is annexation agreement incorporating staff comments and including provisions to signalize the Penman/Route 126 intersection. Recommendation: approve annexation agreement including staff revisions and subject to legal review. Ede � s STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF KENDALL CREEK DEVELOPMENT,LLC AND THE UNITED CITY OF YORKVILLE (HUDSON LAKES SUBDIVISION) This Annexation Agreement(hereinafter"Agreement"), is made and entered into this_day of D,2006, by and between the UNITE CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", and the owner of record KENDALL CREEK DEVELOPMENT,LLC,(Hereinafter"OWNER"). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 141.3 acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER to design a stonnwater management system for the PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in the Preliminary Plat attached hereto and incorporated herein by reference as Exhibit"B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto'wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: 1. ANNEXATION. OWNER has filed with the Clerk of the CITY a duty and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002)to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. The CITY and OWNER agree that the PROPERTY shall be developed in compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, and from time to time amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. C. Preliminary Plat. The CITY hereby approves the Preliminary Plat attached hereto as Exhibit`B", prepared by Smith Engineering Consultants dated November 18, 2005 and bearing a revision date of February 15, 2006. 2 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER shall cause the PROPERTY to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall filly cooperate with OWNER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by OWNER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol, subject to their approval, , and the sanitary sewer lines which are less than eighteen inches in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the city's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed Southeast Interceptor is available at the property line of the PROPERTY. The OWNER agrees to cooperate with the City regarding the Southeast Sewer Interceptor project. The OWNER shall provide a letter from the Raintree Village Developer agreeing to allow the OWNER to temporarily connect to the Raintree Village Sewer System that is tributary to the Commonwealth Edison interceptor. The total flow combined from the Prestwick of Yorkville and Hudson Lake developments via the temporary lift station to Raintree Village cannot exceed 460 single-family homes. Build-out of Hudson Lakes beyond that number will need to wait until connection is made to the fixture Aux Sable Creek sanitary pump station. The build-out of Hudson Lakes Subdivision beyond that number will be permanently connected to the southeast interceptor at the OWNER'S expense. The OWNER will not receive any credit for the cost of work related to temporary sanitary connections. In the event the OWNER advances the cost for the design work necessary for the southeast interceptor, the City would credit the OWNER, its successors or assigns for sewer connection fees that would be charged to the users on this property at the time that those sewer connection fees would be due. 4. WATER The CITY shall provide adequate potable water in sufficient quantities and pressure to serve the-needs of the PROPERTY. One of the potable water connections will occur near the northwest corner of the property at the eastern edge of the development commonly known as Raintree Village. The OWNER agrees to provide easements for water utilities as may be necessary. The OWNER may be required to install in-house PRV's until the new pressure zone is established and is required to remove said PRV's once the new pressure zone is established. The OWNER may be required to provide an easement on the property at a 3 location to be determined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. A. The OWNER shall pay fees as described in Exhibit "C". These fees specifically include but are not limited to School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by OWNER to the Yorkville Community School District #115; City Development fees per residential dwelling unit; the per unit Municipal Building Fee; City Road Impact Fee; Kendall County Transportation Development Fee; Fire District Fee; Library Fee; as well as other published fees to the CITY in conformance with City Ordinances or as modified herein, including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances, City Land-Cash Ordinance, and other such fees to the CITY in conformance with the City Ordinances or as modified from time to time herein. Said Transition,Development, and other fees shall he paid per single-family residence at the time of application for the issuance of each respective single-family building permit. However, OWNER may, at its sole discretion, prepay any required fees. Said fees are being paid voluntarily and with the consent of OWNER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER knowingly waives any claim or objection as to amount of the specific fees negotiated herein and attached as Exhibit"C"voluntarily. B. The City and School District donations shall be as follows: 1. OWNER agrees to dedicate to the City a Site at the location and acreage amount as shown on the Preliminary Plat attached hereto and incorporated herein by reference as Exhibit `B", for which OWNER shall receive a park donation credit in equal amount to the park site and proposed trail system. 2. OWNER agrees to dedicate to the City Yorkville Community School District #115 a School Site at the location and acreage amount shown on the Preliminary Plat attached hereto and incorporated by reference as Exhibit `B", for which OWNER shall receive a school site donation credit equal to the amount of the school site. 3. CITY agrees to accept ownership of and to maintain the proposed trail system within the PROPERTY as described by Exhibit"D". 4. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 5. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value. D. [intentionally deleted] E. Upon annexation, police protection, 911 service, and library service will be 4 provided by the City. F. [Intentionally deleted] G. The OWNER shall fund the construction of traffic signals at the Route 126 and Penman Road intersection. A bond in the amount of 110% of the estimated cost of engineering the traffic signal shall be deposited with the CITY prior to Final Plat approval of the first phase of the development to be recorded. The owner of each residential lot within the Hudson Lakes Subdivision shall pay their proportionate share of 110% of the estimated cost of the entire construction of the traffic signal improvement to the CITY at the time of application for the issuance of a building permit. Proportionate share, for the purposed of this paragraph, shall be calculated by dividing 110% of the estimated cost of construction of the traffic signal improvement by the total number of approved residential lots within the Hudson Lakes Subdivision. Final construction of the signal is subject to IDOT warrant and approval of the signal. H. The CITY shall not require the OWNER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. I. Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit "C" attached hereto and incorporated herein.by reference. 6. SECURITY INSTRUMENTS. OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the City and as long as said instruments meet the CITY requirements, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The OWNER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Security for construction of perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development as mutually agreed upon by the OWNER and the CITY. The City shall determine the timing of the construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFSITE ROAD IMPROVEMENTS. The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision 5 Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following OWNER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than thirty (30) days from the date of OWNER'S request for approval of any public improvements. 8. OVERSIZING. In the event OWNER is required to oversize and/or deepen any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER within 30 days of any other parcel of real property connecting to said improvements, for OWNER'S costs of oversizing said lines including costs for deepening said lines. In the event OWNER seeks said reimbursement, the parties agree separately that a Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER and including the service area effected. In the event any said oversizing is required,the CITY and OWNER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. The Recapture Agreement shall not include the cost of any OWNER oversight of construction. OWNER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the City's International Standards Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said five (5) year period. Any Agreements,repeal, or additional regulations that are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said five (5) year period. After said five (5) year period,the PROPERTY and its development will be subject to all ordinances, regulations and codes of the CITY in existence on or adopted after the date of this agreement, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. 6 The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by OWNER, provided, however,that any so-called "Grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at OWNER's sole cost. Notwithstanding any of the terns or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5) year period so as to: (i)affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the city's Bulk Regulations, including,but not limited to, setback,yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent OWNER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terns and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then OWNER, at its election, shall be entitled to application of such less restrictive ordinances,regulations and/or codes to the PROPERTY and any parcel or phase thereof. OWNER and all successor owners of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 10. RECAPTURE. See Paragraph 8 above. 11. FEES AND CHARGES. 7 During the first five (5) years following the date of the Agreement, the CITY shall impose upon and collect from OWNER, and their respective contractors, only those permit, impact, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "C". At the expiration of this five year term, the CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, OWNER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the constriction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. 13. MODEL HOMES,PRODUCTION UNITS.SALES TRAILERS. During the development and build out period of the PROPERTY (subsequent to final plat approval), OWNER, and such other persons or entities as OWNER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with OWNER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the OWNER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood unit, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water 8 system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last temporary permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer OWNER shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. OWNER 'hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNER shall be permitted to obtain building pen-nits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the OWNER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last temporary occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or permanent easements. 15. ONSITE EASEMENTS AND IMPROVEMENTS. A. in the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of OWNER's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall filly cooperate with the OWNER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Preliminary Plan and in this Agreement,the CITY shall fully cooperate with the OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement,the OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. if any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER, the CITY 9 agrees to be the lead agency in the relocation of those utilities. Upon the OWNER's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the OWNER associated with burying what had been overhead utility lines, the OWNER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. B. The CITY agrees to allow the following deviations from CITY standards: 1. Allow up to 4.35 feet of bounce in any retention/detention basins; 2. Allow up to 2.30 feet of bounce in any retention/detention basins between the normal water level and high water level corresponding to the Ten-Year Frequency Storm; 3. Allow reduction in the minimum size of retention/detention basins to 1.17 acres; 4. Allow all slopes pertaining to retention/detention basins adjacent to single family home lots to be 5:1 (20%)from high water to normal; 5. Allow all slopes pertaining to retention/detention basins not adjacent to single family home lots to be 4:1 (25%)from high water to normal; and 6. Allow reduction in the minimum buffer area for retention/detention basins to twenty (20)feet from a single family lot property line. The areas affect by the requested deviations are identified on attached Exhibit"E". C. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER "SHALL" grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. However, OWNER shall not be required to grant any of the above referenced easements if those easements extend beyond the building setback lines on any residential lot identified on the preliminary plat or preclude the use of any residential lot for residential purposes. This obligation shall not extend to or be binding upon any subsequent purchasers of any of the lots. D. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER "SHALL" convey by Warranty Deed, fee simple title of future highway or road right of way to the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. However, OWNER shall not be required to grant any of the above referenced easements if those easements extend beyond the building setback lines on any residential lot identified on the preliminary plat or preclude the use of any residential lot for residential purposes. This obligation shall not extend to or be binding upon any subsequent purchasers of any of the lots. 16. MASS GRADING AND PLAN REVIEWS. A. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to allow OWNER to commence earth work after the permit is issued and after OWNER posts 10 any necessary bond for said work with the CITY prior to the commencement of said earth work. OWNER shall comply in all respects with all applicable Illinois EPA regulations and the CITY's Soil Erosion and Sediment Control Ordinance. B. The CITY shall review all grading and construction plans within 30 days of their submittal to the CITY. 17. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 18. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the OWNER of the PROPERTY and/or future owners and/or developers of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded.Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney John J. Wyeth 800 Game Farm Road Yorkville, IL 60560 OWNER: Kendall Creek Development, LLC 16501 South Parker Road Homer Glen, IL 60491 OWNER'S James Olguin ATTORNEY: Goldstine, Skrodzki,Russian,Nemec & Hoff,Ltd. 835 McClintock Drive, Second Floor 11 Burr Ridge, Illinois 60527-0860 Telephone (630) 655-6000 Facsimile(630) 655-9808 20. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 22. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER,and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms and Conditions. This Agreement contains all the terns and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, 12 and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, See. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER. I. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County,Illinois, at OWNER'S expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 13 M. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the city's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, and OWNER, including, but not limited to,county, state or federal regulatory bodies. 23. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein,may be used for farming purposes,regardless of the underlying zoning. IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK RECORD OWNER: KENDALL CREEK DEVELOPMENT,LLC BY: MALLARD DEVELOPMENT COMPANY, Manager BY: V �� ichael J.Harper, President 14 EXHIBITS EXHIBIT "A" Legal Description of Property EXHIBIT "B" Preliminary Plat EXHIBIT "C" Fee Schedule EXHIBIT "D" Trail System Maintained by City EXHIBIT "E" Area of Deviation from Standards 15 EXHIBIT"A" TO ANNEXATION AGREEMENT FOR THE HUDSON LAKES SUBDIVISION LEGAL pEsc2p-mm 'NAT PART VP n& MEST A&P OF SCOW 10, 70MOW M NORIA RNN r� 7 CAST W ME MW SAC WN1p1'A1K "SCRIM AS FgLLON'S: CONWENCMRG AT ME SOIITMNEST 4Y71i WR OF SAID S€MM NENf3=NWW 0 DEGREES 04 EOWZS 21 MCONDS NEST ALOW ME NEST ME OF SAS SWIM IMM FEET 70 THE NOR7M LRfC OF HE SOUTH fWF OF nx=W MALP Or ]ME NORM M41F OF MC SLN17MKST WMM? 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AWAUL 0WN7Y, XLW015 PRELE IINNARY PLAT 90N BNB ®CONSULTRMS QC HUDSON LAKES SUBDIVISION UNITED CITY OP YORKVILLE, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS ��•QTltly MAP �q�r SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST My EXISTING ZONING - (KENDALL COUNTY, A-1) \ ,ry;W-•zm^ a� PROPOSED ZONING - (CITY OF YORKVILLE, R-2) (� _ PLAT PREPARED FOR: \1s ant KENDALL CREEK DEVELOPMENT, L.L.C. maaz. /A 9009 ROUTE 126, UNIT 8 YORKVILLE, ILLINOIS 60560 + •»w.,yll' 11 OFFICE: (630) 882-8800 FAX: (630) 882.8807 t PROJECT CONTACT: bhbil- 'Yw MR. DAVID "OTT (708) 606-7220 a `°^=• _ " MR. DAN HARPER •ixae'r/'msiNaeN (708) 473-7640 ar a-a. Lmr xunr ;r ry 1 �M1bN.anb✓3'YU0.$ .,-L' � �rr L 'ar"rs Mc3'Ar w manu'r�nl�i Ixxrw mxa rr� Zbs4,pp'IM'P6+1TE Im is A �!9 _ m N'I mllll��Tff m 1�f m, some kkii .antra r be b1 S�d 1 Y3 � � a mVesrrm ro N r �vm'sesmaew y.ma„` _2— rur N.amNm 'r''rrim:r N"w�a r. `g NniM ter a 11C.C4MNV, e �mAM[�HU� rs}� NMRT Rt'a1Xa r.RVpXNE YM��u�,�c%rN�' �Ia}oil £ 4�y�Vic. 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I LOTN0.I WDM L WIOIN MDR —w- No R µ� Y ,€ nGC pnn a �.S 2T r T, /Y 1016 IWL 1YLL 1[10IMI 1C rvwr,m rwr aav wa a 1wr sae ururr r LHYrtO 69mIM6 � �y was onegls w� e II���I $mall � Il�w.�ru• ��II I I� I I w�I r•;''; �� �7 LAM m ^°^ YOIXVlIL LLPg6 ip mw E MA1A 9 H Name of Fee mount Time of Payment 1 School District Transition Fee $3,000 per unit Paid to School District Office prior to application for building permit At time of building permit,paid at City Hail with separate check made out to 2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD - 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development,at time of annexation to sanitary district 4 Yorkville Bristol Sanitary District Infrastructure Fee $3,523 per acre Paid for entire development,at time of sanitary district $650+$.0.20 per 51 Building Permit Fee square foot Building Permit 6 Water Connection Fee $3,700 per unit Building Permit 7 Water Meter Cost(not applicable to fee lock) $390 per unit Building Permit 8 City Sewer Connection Fee $2,000 per unit Building Permit 9 Water and Sewer Inspection Fee $25 per unit Building Permit 10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit 11a Public Works(Development Impact Fee) $700 per unit Building Permit 11b Police(Development Impact Fee) $300 per unit Building Permit Municipal Building Impact Fee is set up as$5,509 per unit if paid at time of see"time of permit,or$3,288 per unit if paid at time of final plat for all units In the entirety 11c Municipal Building(Development Impact Fee) payment" of the annexed development. 11d Library(Development Impact Fee) $500 per unit Building Permit lie Parks and Rec(Development Impact Fee) $50 per unit Building Permit Ill Engineering(Development Impact Fee) $100 per unit Building Permit Bristol Kendall Fire District(Development Impact 11g Fee) $1,000 per unit Building Permit Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 12 Parks Land Cash Fee per acre agreement and land/cash donations negotiated Calculated by ordinance,$80,000 Building Permit or Final Plat,depending on annexation/development 13 School Land Cash Fee per acre agreement and land/cash donations negotiated 14 Road Contribution Fund $2,000 per unit Building Permit $1,549 per unit, escalating each calendar year at a Building Permit rate determined by 15 County Road Fee ordinance 16 Weather Warning Siren $75 per acre Final Plat 1.75%of Approved Engineer's Estimate of Cost of Land 17 Administration Review Fee Improvements Final Plat 1.25%of Approved Engineer's Estimate of Cost of Land 10 Improvements Engineering Review Fee Final Plat EXHIBIT zi LU I All, LLJ CD - ly- EXHIBIT a a °v€ h ��a a g n a d o JJ mmt y yy ommon %o'2g aY g z OA F O FO JY Q d Sgo�o �b �a V Z O i h q— --' IA :a, IM w w _Jj ry \ m :;1 E� ww LL] (D w � Q EXHIBIT I o 0 IF E'6c . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Hudson Lakes) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council;and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder, and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 -EbC /b. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Hudson Lakes) WHEREAS; a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS,there are no electors residing within the said territory, and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made apart of this Ordinance. that territory also being indicated on an accurate map of the annexed territory (which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Hudson Lakes) WHEREAS, Kendall Creek Development, LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS Kendall Creek Development,LLC, owner of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the rezoning of the property as R-2 Residential District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as R-2 Residential District as described in attached Exhibit `B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 00 C/�o United City of Yorkville Memo } .0 800 Game Faun Road ESL 1836 Yorkville, Illinois 60560 < 's Telephone: 630-553-8545 ap '; w p� Fax: 630-553-3436 <LE vy`5' Date: June 7,2006 To: City Council From: Travis Miller, Community Development Director Subject: New Life Church Request: Annexation and Zoning(R-1 and B-3) 1. Plan Commission held public hearing April 12, 2006 and moved unanimously to forward a recommendation to approve both annexation and zoning request to City Council. 2. Eastern commercial site is not consistent with the comprehensive plan recommendation for suburban residential,however, it would be reasonable to allow commercial in this area given the proximity to Grande Reserve homes and intersections of Mill/Kennedy/Galena. Staff has no concerns regarding a commercial use in this area. Issues: 1. Based on staff review including Engineering and Community Development Department,the draft annexation agreement prepared by the petitioner has been modified per staff recommendations. Attached is annexation agreement incorporating staff comments. Recommendation: approve annexation agreement subject to legal review. Eoc4- Z Draft: 06/02/06 ANNEXATION AGREEMENT (NEW LIFE CHURCH) THIS ANNEXATION AGREEMENT("Agreement'),is made and entered into as of this day of 2006,by and between THE ESTATE OF ELIZABETH G.BAUMANN,DECEASED; TERESA R. HOFFMANN AND GEORGE P. BAUMANN,INDEPENDENT EXECUTORS AND HENRY A.BAUMANN SR. BYPASS TRUST CIO TERESA R.HOFFMAN AND GEORGE P.BAUMANN, owners of approximately 49.38 acres of property located east of Kennedy Road,north of Mill Road,and southeast of Galena Road in Kendall County,Illinois. Permanent Index Numbers 02-11-300-004 and 02-11-300-009(hereinafter collectively referred to as "OWNERS'),and THE NEW LIFE CHURCH OF YORKVILLE,an Illinois Not For Profit Corporation (hereinafter referred to as"DEVELOPER"), and the UNITED CITY OF YORKVILLE,a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois(hereinafter referred to as"CITY")by and through its Mayor and Aldermen("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party"and collectively as the"Parties". 12046111 t RECITALS: A. OWNERS are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a church facility along with other business uses. C. OWNERS and DEVELOPER desire to proceed with the development of a church facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be zoned under the R-1 One-Family Residence District and B-3 Service Business District provisions of the City Zoning Ordinance ("Zoning Ordinance")as depicted on the Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit `B", for a church facility and commercial areas with the B-3 Service Business District uses identified in Exhibit`B". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on April 12, 2006. The Plan Commission concluded their deliberations on this case at their April 12, 2006 meeting. City Council conducted the public hearing on the annexation agreement on May 23, 2006. F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 12oa6vi 2 G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement subject to the terms and provisions of this Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as provided for herein,will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS, DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit"A"as an R-1 One Family Residence District and B-3 Service Business District allowing for a church facility as well as a mix of commercial uses in conformance with the United City of Yorkville Comprehensive Plan. The parties have further agreed to prohibit certain permitted uses allowed in the B-3 Service Business District as identified in Exhibit"C". (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNERS, DEVELOPER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. 12046111 3 (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS, and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW,THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the R-I One- Family Residence District, and B-3 Service Business District under provisions of the Zoning 120461/1 4 Ordinance. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. The Parties have also agreed to limit the permitted uses in the B-3 Service Business District as depicted in Exhibit "C" attached hereto. It is further understood and agreed to by the Parties that an assisted living facility is a permitted use within said B-3 Service Business District. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement 3. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction,and use of the Subject Property("Permitted Modifications"). (A) OWNERS and DEVELOPER shall be granted approval by the CITY to utilize a maximum of six (6) feet of bounce in the two retention areas located adjacent to and south of Galena Road, as well as the retention area located north of the existing Mill Road as depicted in Exhibit"D". OWNERS and DEVELOPER shall also be permitted to utilize a four to one(4/1) side slope ratio with no buffer requirement in the two retention areas located adjacent to and south of Galena Road, as well as the retention area located north of the existing Mill Road as depicted in Exhibit"D". Additionally,the CITY shall allow OWNERS and DEVELOPER to construct and utilize wet retention basins which are less than two(2)acres in size. (B) OWNERS and DEVELOPER shall be allowed to construct a school facility upon the portion of the Subject Property zoned in the R-1 District. The school facility built upon the Subject Property shall be allowed to be built to a maximum height of fifty-five(55)feet. (C) OWNERS and DEVELOPER shall be allowed to construct a church facility upon the portion of the Subject Property zoned in the R-I District. The church facility shall be allowed a maximum building height of fifty-five feet(55), and a church steeple maximum height of one-hundred and ten(I 10)feet shall also be permitted. 120461/1 5 (D) OWNERS and DEVELOPER shall be allowed to construct,maintain, and operate an outdoor recreation facility located within the R-1 area of the Subject Property. Such outdoor recreation facility may include paved surfaces and equipment necessary for skate boarding, inline skating or for any other outdoor recreational activities which the OWNERS and DEVELOPER may wish to engage in upon the Subject Property. Such outdoor recreation facility shall be constructed,operated,and maintained by OWNER'S and DEVELOPER and will comply with CITY building and safety codes. (E) CITY agrees that all signs which are permitted under Chapter 12 of the CITY Zoning Ordinance for Business Districts shall be permitted within the area of the Subject Property which are zoned R-1. OWNERS and DEVELOPERS shall be allowed illuminated permanent signs up to one hundred (100) square feet in area advertising the church and school facility within the R-1 zoned area of the Subject Property. Furthermore OWNERS and DEVELOPERS shall be allowed to construct permanent stone entry monuments upon the Subject Property. Such Monuments shall be permitted at entry points located along the existing Mill Road,Kennedy Road and Galena Road (F) OWNERS and DEVELOPER shall also be allowed to illuminate the church steeple and parking lots within the R-1 zoned portion of the Subject Property (G) The following interim uses set forth below shall be allowed anywhere within the Subject Property during the term of this Agreement, (i) As of the date of this Agreement there is an occupied residential detached housing unit located on the southeast corner of the Subject Property which is in the area proposed to be zoned B-3. OWNERS and DEVELOPER wish to continue to rent the aforementioned residence to their tenants. For this reason the CITY agrees to allow the continued use of such residential unit for residential purposes until development of this portion of the Subject Property is commenced. (ii) The Subject Property is currently utilized for farming purposes. The CITY agrees to allow the OWNERS and DEVELOPER, or their farm tenant to continue all types of crop farming upon the Subject Property until development of the Subject Property is commenced. 12WI/1 6 4. UTILITIES. EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER except as otherwise provided in this Agreement. 5. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments')to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent(85%)of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER,as long as adjacent phases are seventy percent(70%)constructed. B. Acceptance of Underground Improvements and Streets. The CITY, once it has had the opportunity to inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved 12046111 7 plans, specifications,and ordinances, shall approve all such public improvements, all in accordance with Section 21 of this agreement , and shall accept their dedication subject to the OWNERS'S and DEVELOPER'S warranty,as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. The procedure for acceptance of improvements shall comply with CITY ordinances. OWNERS and DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, OWNERS and DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties,and in addition thereto,in the event that any construction or build out activity within any Phase of the development of the SUBJECT PROPERTY is determined to have damaged any public improvements previously installed by OWNERS and DEVELOPER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, OWNERS and DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. C. Reduction of Surety Within sixty (60) calendar days after(a) receipt of notice from the OWNERS and DEVELOPER that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall,within said sixty(60)calendar day period,be set forth in a written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and DEVELOPERS correction of the punch list items set forth in said notice,the City Engineer, at the OWNER'S and DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said 120461/1 8 improvements, in writing within sixty (60) working days of receipt of the OWNERS and DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the OWNERS and DEVELOPER and accepted by the CITY the Security Instruments deposited by the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS and DEVELOPER, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary,the CITY shall have no obligation to reduce or release the last ten(10%) of any Security Instrument provided hereunder until all warranty obligations of OWNERS and DEVELOPER secured thereby have lapsed. D. Construction of Offsite and Onsite Imnmvements OWNERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNERS and DEVELOPER have provided adequate road access (i.e. gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All other offsite and onsite improvements (except final lift of bituminous asphalt surface on roads if weather, labor strikes, plant closings or any other condition or circumstance beyond OWNERS and DEVELOPER'S control prevents installation of such improvements), serving any said lot or building shall be installed by OWNER and DEVELOPER and approved by the CITY, however, before an occupancy permit is issued for said lot or building, the balance of the required onsite subdivision improvements not required to serve said lot or building may be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each phase progresses. E. Utility Permits The CITY shall issue permits to OWNER and DEVELOPER to authorize the commencement of construction of utility improvements on the i?oaevi 9 SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i)approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided:(1)such construction is undertaken at the risk of a party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY;and(4)the IEPA and the Fox Metro Water Reclamation District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans. OWNER and DEVELOPER acknowledge that the CITY signatures on the IEPA permit applications do not constitute final plat or plan approval. OWNER and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertakes development activities pursuant to the provisions of this Subsection 5. 6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite utilities, property owners association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 12N6vi 10 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including,without limitation those pertaining to subdivision controls,zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five(5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances,regulations,and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the approval of this agreement. The foregoing to the contrary notwithstanding,in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. 8. BUILDING CODE. The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property. 9. FEES AND CHARGES. During the first five (5) years following the date of issuance of the first building permit,the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, 120461/1 11 tap on and connection fees and charges,and in such amount or at such rate,as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement. At the expiration of this five year term,the CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, impact, license,tap on and connection fees and charges in order to comply with the new regulations. 10. FEES APPLICABLE TO THE R-1 ZONED AREA . As of the date of this Agreement it is the intention of the Parties that the portion of the SUBJECT PROPERTY zoned R-1 Low Density Residential will be occupied by a school as well as a church facility. However if the OWNERS and DEVELOPER choose to build any type of residential housing unit upon the SUBJECT PROPERTY then the OWNERS and DEVELOPERS will be subject to all CITY development fees applicable to residential developments including, but not limited to, building permit fees, donations, impact fees, dedications for school and park sites, and other CITY requirements. 11. CONTRIBUTIONS. The City shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize development identification, marketing and location signs on the existing Mill Road,Kennedy Road,and Galena Road, and at such other locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate subject to sign permit review and issuance by the CITY. Development identification, marketing, and location signs located on the existing Mill Road, Kennedy Road, and Galena Road shall be allowed to have a maximum surface area of one-hundred and eighty square feet (180), and shall be fifteen (15) feet high, and twelve (12) feet wide. Any Offsite Signs will not be located on public right-of-ways. OWNERS and DEVELOPER shall be 120461/1 12 responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. 13. CONSTRUCTION TRAILERS. OWNERS and DEVELOPER may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 15. OVERSMING OF IMPROVEMENTS. A. Recapture Agreement. In the event the CITY requests the DEVELOPER to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, then the CITY agrees to adopt recapture ordinances to reimburse the DEVELOPER for such 120461/1 13 expenses including engineering, construction, and other costs which may reasonably be expected to be incurred by the DEVELOPER. 16. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002)ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement. 17. RELOCATION OF MILL ROAD. The CITY agrees to use their best efforts to relocate Mill Road to accommodate the development of the Subject Property. It is understood by the Parties that the CITY shall be responsible for all costs associated with the relocation of Mill Road. Furthermore the CITY agrees to pay all costs associated with removing the vacated Mill Road from the Subject Property, including asphalt removal, dumping fees, and grading, as well as any existing utilities located within the existing Mill Road right of way. Furthermore upon completion of the new Mill Road the CITY agrees to close and Vacate the existing Mill Road. Upon vacation, the land up to the centerline where adjacent to the Subject Property shall be deeded and/or otherwise released or conveyed to the OWNERS and DEVELOPER at no cost, and the OWNERS and DEVELOPERS shall incorporate the land into the proposed subdivision at the DEVELOPER'S discretion. CITY and DEVELOPER shall cooperate in the timing of the closing and vacation to meet the reasonable demands of the DEVELOPER. Provided however,there shall be no vacation of this section of roadway until the new Mill Road is constructed and connects to Kennedy Road. Upon the City's removal and vacating of the existing Mill Road, OWNERS and DEVELOPER shall be allowed to reconstruct a road either where the vacated Mill Road was formerly located if the adjacent owner agrees to provide the necessary land and monetary contribution, or solely upon the SUBJECT PROPERTY adjacent to where the existing Mill Road formerly existed. Any road constructed by OWNERS and DEVELOPER will fully comply with all CITY codes, ordinances,and regulations. 120461/1 14 18. ONSITE EASEMENTS AND IMPROVEMENTS. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein. 19. DISCONNECTION. OWNERS and DEVELOPER shall develop the Subject Property in accordance with the terms of this agreement,and shall not,as either the OWNERS or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 20. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 21. TRANSFER. DEVELOPER may assign this Agreement without CITY approval,but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY,and upon said assignment and acceptance by an assignee,the DEVELOPER shall have no further obligations hereunder as to the that portion of the SUBJECT PROPERTY so conveyed,but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement(excluding rights of recapture)which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed, but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or 12oa6ut 15 conveyance, unless the successor to or assignee of the DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction, repair and maintenance of roadway or other public improvements with the CITY, the DEVELOPER or other seller though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the successor to or assignee of the DEVELOPER has provided a substitute letter of credit. Comment Ivmrll: 22. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER,and the CITY. C. Total Incorporation. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement,including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. 1maeu1 16 D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested,postage prepaid,addressed as follows: (1) If to OWNERS Andrew G.White,Esq. Dickson&Hasenbalg 2000 W.Galena Blvd.Suite 305 Aurora, IL. 60506 Fax:(630)553-2134 (11) If to New Life Church of Yorkville Pastor Rick Thiemke DEVELOPER: 3205 Cannonball Trail Yorkville,IL.60560 Fax: (630)553-7338 with copies to: John Philipchuck Dommermuth,Brestal,Cobine&West Ltd 123 Water St. Naperville, IL 60566 Fax:(630)355-5976 (III) If to CITY: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,1160560 Fax: (630)553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. Yorkville,11 60560 Fax: (630)553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. 120461/1 17 E. Severabilitv This Agreement is entered into pursuant to the provisions of the Agreements With Owners of Record Act of the Illinois Municipal Code(65 ILCS 5111-15.1-1, et seq.) In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction,said part,portion,clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to 120461/1 18 execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20)years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Cautions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recordine This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County,Illinois,at OWNERS and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the Subject Property. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Foz 120461/1 19 Metro Water Reclamation District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including,but not limited to,county,state or federal regulatory bodies. Q. Liability of OWNERS. It is expressly understood and agreed by and among the parties hereto that all responsibility of The Estate of Elizabeth Bauman and The Henry A. Bauman Sr. Bypass Trust shall be extinguished simultaneously with the transfer of title to the real estate from the OWNERS to the Purchaser, New Life Church of Yorkville, An Illinois Not For Profit Corporation, as DEVELOPER hereunder. Thereafter, the DEVELOPER assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that OWNERS shall also have no obligation to perform the obligations of the DEVELOPER, unless said OWNERS agree in writing to assume said obligations. 12MM/1 211 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: DEVELOPER: UNITED CITY OF YORKVILLE, NEW LIFE CHURCH OF YORKVILLE, an Illinois municipal corporation an Illinois not for profit corporation By: By:_ Title: Mayor President Attest: Attest: , Title: City Clerk Secretary r' Dated: Dated: 6 - 9-66 120461/1 2 OWNER: THE ESTATE OF ELIZABETH G BAUMANN, DECEASED; THERESA R. HOFFMANN AND}�R GE P. It BAUIMANN,INDEPENDENT EXECUTORS By: I'\_ !�d � ",.I-A Its: e53 eCuqOr Attest: e Its: Cx CC Jjsr 120461/1 23 OWNER: HENRY A BAUMANN SR BY-PASS TRUST C/O TERESA R. HOFFMANN AND GEORGE P. BAQQUMAN By: l \I \ - Its: 1�,a,S(J�eC� yl Attest: O Its: l�u r u- 120-061/1 24 C N 9 e 9 @@a e g tr t 1 MID p i (4 en Fa .t ra G:M i t FRI �l iE.,•..m 4 h•���3t� : ��`T�'t'�'-"` �..�.c��� ��1 Ewe J'�S > niiQ`'A".�. ,+ dolt 11 OR .�� ci�•°c•i�� � � nN � aa 3 n ^�, gown z �� y `� + c:A SJ'[�x--v,l+ r �4�•a a, zit' Q �Ep•S�i197F vyW mF @i$- ���y�ti ��t�+M,°!i +"'Y. r ti' s, r•>,��M�� jX FS' f?jF F1 it' !B��9 -lSi @FiX�iE i Pi S@ 6�oEy°deS @ii ��yt @P. I� $� �e 8� F si Fs 6' W t i"- sje�[ g[F@�a ie �pHQ@ F`F ag^zj 5 BBB ° @ I 33e CC t ! Esgi A @�C ,FYFbn a FRR'P 4i $'s n N qM 2I f� z. °t S�iBt e@• YdC @t. WIN! Elm B9 _ 0 It if z� Myyer R3 'Y7 4a G 6� T RRC Y " @�� i@dje tp0@. ae kte � a 3 �Y4Y t:> Pyye,e@ �oFLE @nib ip c ;3 ,�a 8z 4— Qi°iei f @t a a4C;i c i i �aF4@4 GpFy@ 4 m | § Igo- , § \ 7 | // / ! \ � ! ® a � / 5i: § \ \ @ � t { \ \ . I , < � . � \ it � 6 q -'ƒ� . } p l � §` 5 G% • <� E � F � � ! ; ; )> # \ h IV k A § § ` ( i \� d ƒb \rte' $�'��k ������§ < \[ ii ` f • ! ƒ $ ® Exhibit"C" The following listed uses shall be prohibited uses in the B-3 Service Business District zoned portion of the SUBJECT PROPERTY. O Office District 1. Club—Private Indoor B-1 Limited Business District 1. Club-Private Indoor 2. Club—Private Outdoor 3. Substation B-2 General Business District I. Dance Ball 2. Pawn Shop 3, Reducing Salon, Masseur, and Steam Bath B-3 Service Business District L Agricultural Implement Sales and Service 2, Automotive Sales and Service 3. Boat Sales 4. Building Material Sales 5. Business Machine Repair 6. Feed and Grain Sales 7. Golf Driving Range & Kennel 9. Nursery I0. Orchard 11. Recreational Vehicle Sales and Service 12. Taxicab Garage 13, Trailer Rental 14_ Track Rental 15, Truck Sales and Service 122367/1 iEXHIBIT "D" It � � 5 1 1 L (:) � �'..._ C I Or Iq ti ¢ •�!• CO m e I , 1 . CCp >f z w 1 ( ? woww m �'a n pUau cc d � 0 X 1 ¢ wp W S9 W =p UW ¢ ' �'� `:uZi°m-m CCWw w U � - � i it LL � U) w f ou r - ycs JW \ ¢ ` I J Wm\ ui W zw - 1W Cis 2 C ` R an U) io Lull I Od = 1 tLd¢ U VJJ � ¢ z7m` = ! m ¢ U o=v, Wpb ¢ d , •,I �. M 2 LLJ o C3 z i STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (New Life Church) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE,Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS,the property is presently contiguous to the City. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 EM Aah- STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS (New Life Church) WHEREAS, a written petition, signed by the legal owners of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville,Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, more than 51% of the electors residing within the territory have joined in the petition; and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded,if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owners of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville,Kendall County,Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK I Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 I Re -4ac. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (New Life Church) WHEREAS, New Life Church of Yorkville and the Estate of Elizabeth G. Baumann, Deceased, Teresa R. Hoffmann and George P. Baumann, Old Second Bank Trust#8574, Henry A. Baumann, Sr.,by-pass trust c/o Teresa R. Hoffmann and George P. Baumann is the legal owner of record of property described on Exhibit"A"attached hereto and incorporated herein(the Property), and WHEREAS New Life Church of Yorkville and the Estate of Elizabeth G. Baumann, Deceased, Teresa R. Hoffinann and George P. Baumann, Old Second Bank Trust 98574, Henry A. Baumann, Sr.,by-pass trust c/o Teresa R. Hoffmann and George P. Baumann, developers of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as R-1 Residential District and B-3 —Service Business District, with limited permitted uses as described in the Annexation Agreement. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING,THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as R-I Residential District and B-3 —Service Business District as described in attached Exhibit `B" (Legal Description of the Property), with limited permitted uses as described in the Annexation Agreement. 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D.2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560