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Economic Development Packet 2016 03-01-16
AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, March 1, 2016 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: February 2, 2016 New Business: 1. EDC 2016-11 Building Permit Report for January 2016 2. EDC 2016-12 Building Inspection Report for January 2016 3. EDC 2016-13 Property Maintenance Report for January 2016 4. EDC 2016-14 Economic Development Update 5. EDC 2016-15 Kendall County Intergovernmental Agreement for Building Inspections 6. PC 2016-05 Silver Fox Development Rezoning Old Business: Additional Business: 2015/2016 City Council Goals – Economic Development Committee Goal Priority Staff “South Side Economic Development” 1 Bart Olson & Krysti Barksdale-Noble “Revenue Growth (Industrial/Commercial Incentives)” 2 Bart Olson & Krysti Barksdale-Noble “Downtown Planning and Development” 3 Krysti Barksdale-Noble “Comprehensive Plan Update” 15 Krysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, March 1, 2016 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. February 2, 2016 □ Approved ________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2016-11 Building Permit Report for January 2016 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2016-12 Building Inspection Report for January 2016 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2016-13 Property Maintenance Report for January 2016 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2016-14 Economic Development Update □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2016-15 Kendall County Intergovernmental Agreement for Building Inspections □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PC 2016-05 Silver Fox Rezoning □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Economic Development Committee – February 2, 2016 EDC – March 1, 2016 Majority Committee Approval Minute Taker Name Department Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, February 2, 2016 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members: Chairman Ken Koch Alderman Carlo Colosimo Alderman Chris Funkhouser Absent: Alderman Diane Teeling Other City Officials: City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble City Planner Chris Heinen Code Official Pete Ratos Consultant Lynn Dubajic Other Guests: Boyd Ingemunson-The Law Office Group Tom Nelson-United Faith in Christ Church Pastor Will Shore-United Faith in Christ Church The meeting was called to order by Chairman Ken Koch at 6:00pm. Citizen Comments: None Previous Meeting Minutes: January 5, 2016 The minutes were approved as read on a voice vote. New Business: 1. EDC 2016-06 Building Permit Report for December 2015 Mr. Ratos reported 5 BUILD permits, 6 commercial and 14 miscellaneous in December for a total of 84 residential permits in 2015. He also gave the residential permit statistics from the previous years: 72 in 2014, 83 in 2013, 69 in 2012. He also cited dollar figures for the past year noting that part of the increase was due to the Wrigley expansion. No further action. Page 2 of 3 2. EDC 2016-07 Building Inspection Report for December 2015 A total of 139 inspections were done in December. No further action 3. EDC 2016-08 Property Maintenance Report for December 2015 Only one case came before the Hearing Officer in December and it was dismissed due to compliance at the time. Letters were sent regarding other property maintenance issues and they were corrected. The Bridge Street sign violation was corrected, but nowis back in violation so a second letter was sent. Chairman Koch will be sending photos to Mr. Ratos regarding a situation on Teri Lane. It was noted that a beehive permit on Dolph had not been renewed and it is believed the resident has moved. 4. PC 2016-09 Economic Development Update Ms. Dubajic said there were several updates for January. She attended two meetings on behalf of the City: SCORE breakfast meeting held in Joliet for business mentors to insure local businesses are aware of free available programs. There are 10,000 members nationwide. She also attended an SBA meeting regarding loan programs. She gave details of the program that has been re-approved by Congress and will be reinstated in July. She also went to Waubonsee College and appeared on “Fox Valley Focus” which will be aired in February. She spoke about events in the City in a 15-minute segment. A meeting will be held with Kendall Marketplace regarding interest from a mid-size retailer in the strip mall. Other smaller retailers could follow. A lease is being negotiated in the downtown on the east side of Rt. 47. A new business has a property on the south side with a possible closing later in the month and a fall opening. Ms. Dubajic is working with Justine Brummel regarding locations for the sports dome. A significant industrial user is looking at the City for a sizeable project. Mr. Koch asked about the progress of the south side Dunkin Donuts. Ms. Noble said the final plat is not recorded yet due to issues with the bank. The nearby car repair shop was also merged into another company. 5. EDC 2016-10 Foreclosure Bi-Annual Report Mr. Heinen said there was a substantial decrease in 2015 foreclosures. In August there was a bit of an increase in foreclosures and the Ward III Bristol Bay subdivision had the highest rate. There was also an uptick in Fox Hill and Grande Reserve. He gave statistics comparing Kendall County to other counties in the State. Staff will look further at the graphs/statistics in relation to interpretation. 6. PC 2016-02 The Law Office Corporation-Special Use Request Ms. Noble gave background of this request for the former Ingemunson Law Office building. She said the main entrance will no longer be in the front. The reason for the Special Use is that food will not be prepared at the business unlike similar businesses in the downtown. Patrons will be allowed to bring in food from nearby establishments. Mr. Ingemunson said he hopes for a spring soft opening. Page 3 of 3 Alderman Koch asked if a deck would be built in the back, however, there are no plans at this time. Currently there is no renter in the upstairs apartment and the noise ordinance was discussed briefly in relation to any future renters. This request will move forward to the Plan Commission on February 10 for a Public Hearing. 7. PC 2016-03 United Faith in Christ Church – Special Use Request Mr. Heinen said this request is for an M-1 district at 210 Beaver St. He said the petitioner would be required to have at least 9 parking stalls and there are 5 at this time. Pastor Shore said they are leasing part of the building space which has been vacant for some time. Since the church meets on Sunday, the committee did not have issue with the Special Use request. This moves to the February 10th Plan Commission for a Public Hearing. Old Business: None Additional Business: Regarding the earlier discussed foreclosure report, Mr. Heinen referred to a website link which clarified that Yorkville is ranked first in the State for foreclosures. In another matter, Alderman Colosimo said in the future, if items from this committee did not have 3 positive votes, the item should die in committee and not move forward to City Council. He said he would object to anything moving on if it does not have 3 votes. There was no further business and the meeting was adjourned at 6:34pm. Minutes respectfully submitted by Marlys Young Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #1 Tracking Number EDC 2016-11 Building Permit Report for January 2016 EDC – March 1, 2016 N/A N/A N/A Informational None All permits issued in January 2016 D. Weinert Community Development Name Department C: \ U s e r s \ d l o n g \ A p p D a t a \ L o c a l \ M i c r o so f t \ W i n d o w s \ T e m p o r a r y I n t e r n e t F i l e s \ C o n t e n t . Ou t l o o k \ K 2 6 J T M 8 J \ J a n 2 0 1 6 ( 2 ) . d o c P r e p a r e d b y : D Weinert UN I T E D C I T Y O F Y O R K V I L L E BU I L D I N G P E R M I T R E P O R T Ja n u a r y 2 0 1 6 TY P E S O F P E R M I T S Nu m b e r of Pe r m i t s I s s u e d SF D Si n g l e F a m i l y De t a c h e d B. U . I . L . D Si n g l e F a m i l y De t a c h e d Pr o g r a m B e g i n s 1/ 1 / 2 0 1 2 SF A Si n g l e F a m i l y At t a c h e d Mu l t i - Fa m i l y Ap a r t m e n t s Co n d o m i n i u m s Co m m e r c i a l In c l u d e s a l l P e r m i t s Is s u e d f o r C o m m e r c i a l Us e In d u s t r i a l Mi s c . Construction Cost Permit Fees Ja n u a r y 2 0 1 6 19 0 0 0 0 1 0 0 9 168,642.00 2,400.00 Ca l e n d a r Y e a r 20 1 6 19 0 0 0 0 1 0 0 9 168,642.00 2,400.00 Fi s c a l P e r i o d 20 1 6 47 8 7 5 4 0 0 1 0 5 0 3 1 2 14,423,747.00 825,131.08 Ja n u a r y 2 0 1 5 21 0 5 0 0 1 1 0 5 31,042,751.00 72,189.77 Ca l e n d a r Y e a r 20 1 5 21 0 5 0 0 1 1 0 5 31,042,751.00 72,189.77 Fi s c a l P e r i o d 20 1 5 45 3 2 5 2 0 0 8 6 0 3 1 3 50,301,068.00 852,193.98 Ja n u a r y 2 0 1 4 12 0 0 0 0 6 0 6 95,740.00 2,761.50 Ca l e n d a r Y e a r 20 1 4 12 0 0 0 0 6 0 6 95,740.00 2,761.50 Fi s c a l P e r i o d 20 1 4 44 7 2 0 3 0 0 0 9 3 0 3 0 4 14,679,884.00 643,824.07 Ja n u a r y 2 0 1 3 20 2 4 0 0 9 0 5 1,168,872.00 73,733.54 Ca l e n d a r Y e a r 20 1 3 20 2 4 0 0 9 0 5 1,168,872.00 73,733.54 Fi s c a l P e r i o d 20 1 3 44 9 2 3 3 0 0 0 9 7 0 2 9 9 14,248,364.00 706,538.97 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #2 Tracking Number EDC 2016-12 Building Inspection Report for January 2016 EDC – March 1, 2016 N/A N/A N/A Informational None All inspections scheduled in January 2016 D. Weinert Community Development Name Department DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 TI M E : 1 2 : 5 6 : 0 2 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 1 / 0 1 / 2 0 1 6 T O 0 1 / 3 1 / 2 0 1 6 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ 0 1 8 - S U M S U M P 2 0 1 5 0 0 4 3 6 1 1 W I N D E T T R I D G E R D 7 5 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 0 1 - R E L R O U G H E L E C T R I C A L 2 0 1 5 0 1 6 6 2 2 6 S B R I D G E S T 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 2 - P L R P L U M B I N G - R O U G H 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 2 - R F R R O U G H F R A M I N G 2 0 1 5 0 3 4 6 2 7 6 6 C R A N S T O N C I R 1 0 8 0 1 / 2 2 / 2 016 PR _ _ _ _ _ 0 0 3 - R E L R O U G H E L E C T R I C A L 0 1 / 2 2 / 2 016 PR _ _ _ _ _ 0 0 4 - R M C R O U G H M E C H A N I C A L 0 1 / 2 2 / 2 016 PR _ _ _ _ _ 0 0 5 - P L R P L U M B I N G - R O U G H 0 1 / 2 2 / 2 016 PR _ _ _ _ _ P M 0 0 6 - I N S I N S U L A T I O N 0 1 / 2 5 / 2 016 PR _ _ _ _ _ A M 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 3 5 9 2 0 4 B C A N N O N B A L L T R 1 7 0 1 / 1 5 / 2 016 PR _ _ _ _ _ 0 0 2 - P L F P L U M B I N G - F I N A L O S R R E A D 0 1 / 1 5 / 2 016 PR _ _ _ _ _ 0 1 2 - P L F P L U M B I N G - F I N A L O S R R E A D 2 0 1 5 0 3 7 9 8 7 3 N C A R L Y C I R 2 3 0 1 / 2 8 / 2 016 PR _ _ _ _ _ 0 1 3 - F I N F I N A L I N S P E C T I O N 0 1 / 2 8 / 2 016 TK _ _ _ _ _ 0 1 4 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 1 / 2 8 / 2 016 C o m m e n t s 1 : B B O X K E Y A B L E O K T O T E M P PR _ _ _ _ _ 0 1 3 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 4 2 3 2 7 3 2 L I L A C C T 3 3 2 0 1 / 2 5 / 2 016 PR _ _ _ _ _ 0 1 4 - P L F P L U M B I N G - F I N A L O S R R E A D 0 1 / 2 5 / 2 016 PR _ _ _ _ _ 0 1 5 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 1 / 2 5 / 2 016 C o m m e n t s 1 : B B O X K E Y A B L E O K T O T E M P PR 1 0 : 0 0 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 4 4 6 4 0 9 B R U E L L S T 2 7 0 1 / 2 0 / 2 016 C o m m e n t s 1 : F I N A L D O O R PR _ _ _ _ _ 0 1 3 - S U M S U M P 2 0 1 5 0 4 4 8 2 4 7 8 W A V E R L Y C I R 2 3 7 0 1 / 1 1 / 2 016 PR _ _ _ _ _ 0 1 3 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 4 7 6 5 1 1 W I N D E T T R I D G E R D 6 9 0 1 / 0 5 / 2 0 1 6 PR _ _ _ _ _ 0 1 4 - P L F P L U M B I N G - F I N A L O S R R E A D 0 1 / 0 5 / 2 0 1 6 TK _ _ _ _ _ 0 1 5 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 1 / 0 5 / 2 016 PR _ _ _ _ _ 0 1 2 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 4 8 5 1 4 3 7 S L A T E C T 3 3 9 0 1 / 2 1 / 2 016 C o m m e n t s 1 : B B O X K E Y A B L E , O K T O T E M P DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 2 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 2 TI M E : 1 2 : 5 6 : 0 2 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 1 / 0 1 / 2 0 1 6 T O 0 1 / 3 1 / 2 0 1 6 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ 0 1 3 - P L F P L U M B I N G - F I N A L O S R R E A D 0 1 / 2 0 / 2 016 PR _ _ _ _ _ 0 1 4 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 1 / 2 0 / 2 016 PR _ _ _ _ _ 0 0 8 - R F R R O U G H F R A M I N G 2 0 1 5 0 4 8 6 1 4 5 3 R U B Y D R 3 5 3 0 1 / 1 9 / 2 016 PR _ _ _ _ _ 0 0 9 - R E L R O U G H E L E C T R I C A L 0 1 / 1 9 / 2 016 PR _ _ _ _ _ 0 1 0 - R M C R O U G H M E C H A N I C A L 0 1 / 1 9 / 2 016 PR _ _ _ _ _ 0 1 1 - P L R P L U M B I N G - R O U G H 0 1 / 1 9 / 2 016 PR _ _ _ _ _ 0 1 2 - I N S I N S U L A T I O N 0 1 / 2 1 / 2 016 PR _ _ _ _ _ 0 1 2 - S U M S U M P 2 0 1 5 0 4 9 1 1 4 0 3 R U B Y D R 3 4 9 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 1 3 - F I N F I N A L I N S P E C T I O N 0 1 / 2 8 / 2 016 PR _ _ _ _ _ 0 1 4 - P L F P L U M B I N G - F I N A L O S R R E A D 0 1 / 2 8 / 2 016 TK _ _ _ _ _ 0 1 5 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 1 / 2 8 / 2 016 C o m m e n t s 1 : B B O X K E Y A B L E O K T O T E M P PR _ _ _ _ _ 0 1 3 - P H D P O S T H O L E - D E C K 2 0 1 5 0 5 2 1 6 9 1 W I N D E T T R I D G E R D 8 3 0 1 / 2 8 / 2 016 PR _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 2 0 1 5 0 5 2 6 8 6 7 G R E E N F I E L D T U R N 4 3 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 5 - R F R R O U G H F R A M I N G 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 6 - R E L R O U G H E L E C T R I C A L 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 7 - P L R P L U M B I N G - R O U G H 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 8 - R M C R O U G H M E C H A N I C A L 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 9 - I N S I N S U L A T I O N 0 1 / 1 1 / 2 016 PR _ _ _ _ _ 0 1 0 - B S M B A S E M E N T F L O O R 0 1 / 1 1 / 2 016 PR _ _ _ _ _ P M 0 1 1 - G A R G A R A G E F L O O R 0 1 / 2 1 / 2 0 1 6 PR _ _ _ _ _ 0 1 2 - S T P S T O O P 0 1 / 2 1 / 2 0 1 6 PR _ _ _ _ _ 0 1 2 - S U M S U M P 2 0 1 5 0 5 4 8 1 3 8 8 S L A T E D R 3 8 3 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 0 8 - S U M S U M P 2 0 1 5 0 5 5 1 2 6 7 8 L I L A C W A Y 3 7 9 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 0 9 - R F R R O U G H F R A M I N G 0 1 / 0 6 / 2 016 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 3 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 3 TI M E : 1 2 : 5 6 : 0 2 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 1 / 0 1 / 2 0 1 6 T O 0 1 / 3 1 / 2 0 1 6 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ 0 1 0 - R E L R O U G H E L E C T R I C A L 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 1 1 - R M C R O U G H M E C H A N I C A L 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 1 2 - P L R P L U M B I N G - R O U G H 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 1 3 - I N S I N S U L A T I O N 0 1 / 0 8 / 2 016 PR _ _ _ _ _ 0 0 5 - S U M S U M P 2 0 1 5 0 5 5 2 2 7 5 2 L I L A C C T 3 3 0 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 1 1 - I N S I N S U L A T I O N 2 0 1 5 0 5 5 6 8 8 2 N C A R L Y C I R 4 8 0 1 / 0 4 / 2 016 PR _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 5 6 2 6 6 4 W V E T E R A N S P K W Y U N I T 0 1 / 2 0 / 2 016 PR _ _ _ _ _ 0 0 3 - P L F P L U M B I N G - F I N A L O S R R E A D 0 1 / 2 0 / 2 016 __ _ _ _ _ _ _ _ _ 0 0 4 - F H D H E A L T H D E P T F I N A L A P P R O V A 0 1 / 1 9 / 2 016 FM 0 9 : 3 0 0 0 5 - F F D B K F D F I N A L I N S P E C T I O N 0 1 / 2 8 / 2 016 PR _ _ _ _ _ 0 0 5 - P L U P L U M B I N G - U N D E R S L A B 2 0 1 5 0 5 6 4 1 9 7 5 M E A D O W L A R K L N 1 2 0 0 1 / 0 5 / 2 016 PR _ _ _ _ _ 0 0 6 - B S M B A S E M E N T F L O O R 0 1 / 1 3 / 2 016 PR _ _ _ _ _ 0 0 7 - R E L R O U G H E L E C T R I C A L 0 1 / 2 6 / 2 016 PR _ _ _ _ _ A M 0 0 8 - R F R R O U G H F R A M I N G 0 1 / 2 6 / 2 016 PR _ _ _ _ _ 0 0 9 - R M C R O U G H M E C H A N I C A L 0 1 / 2 6 / 2 016 PR _ _ _ _ _ 0 1 0 - P L R P L U M B I N G - R O U G H 0 1 / 2 6 / 2 016 PR _ _ _ _ _ 0 1 1 - I N S I N S U L A T I O N 0 1 / 2 9 / 2 0 1 6 PR _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 6 1 7 4 4 2 W I N D E T T R I D G E R D 1 9 0 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 1 - P L U P L U M B I N G - U N D E R S L A B 2 0 1 5 0 6 2 1 1 9 8 5 M A R K E T V I E W D R 0 1 / 2 1 / 2 016 BC 1 0 : 0 0 0 0 2 - P P S P R E - P O U R , S L A B O N G R A D E 0 1 / 2 2 / 2 016 PR _ _ _ _ _ A M 0 0 3 - P L R P L U M B I N G - R O U G H 0 1 / 2 9 / 2 0 1 6 PR _ _ _ _ _ 0 0 3 - S U M S U M P 2 0 1 5 0 6 2 2 8 0 2 C A U L F I E L D P T 1 1 2 0 1 / 0 6 / 2 016 PR _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 0 1 / 2 6 / 2 016 PR _ _ _ _ _ 0 0 5 - B S M B A S E M E N T F L O O R 0 1 / 2 8 / 2 016 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 4 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 4 TI M E : 1 2 : 5 6 : 0 2 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 1 / 0 1 / 2 0 1 6 T O 0 1 / 3 1 / 2 0 1 6 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ 0 0 6 - P H D P O S T H O L E - D E C K 0 1 / 2 8 / 2 016 PR _ _ _ _ _ 0 0 2 - F T G F O O T I N G 2 0 1 5 0 6 2 7 1 9 6 7 M E A D O W L A R K L N 1 2 4 0 1 / 0 8 / 2 016 PR 1 1 : 3 0 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 6 3 8 6 0 2 F R E E M O N T S T 0 1 / 2 7 / 2 0 1 6 PR _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 6 4 4 2 4 7 7 W A V E R L Y C I R 2 3 2 0 1 / 2 8 / 2 016 PR _ _ _ _ _ 0 0 1 - R E L R O U G H E L E C T R I C A L 2 0 1 5 0 6 4 6 5 8 4 P O P L A R D R 1 5 3 0 1 / 1 1 / 2 016 PR _ _ _ _ _ 0 0 2 - R F R R O U G H F R A M I N G 0 1 / 1 1 / 2 016 PR _ _ _ _ _ 0 0 3 - R M C R O U G H M E C H A N I C A L 0 1 / 1 1 / 2 016 PR _ _ _ _ _ 0 0 4 - R M C R O U G H M E C H A N I C A L 0 1 / 1 1 / 2 016 PR _ _ _ _ _ A M 0 0 5 - I N S I N S U L A T I O N 0 1 / 1 2 / 2 016 PR _ _ _ _ _ A M 0 0 1 - F T G F O O T I N G 2 0 1 5 0 6 5 4 9 3 7 N C A R L Y C I R 1 2 7 0 1 / 1 4 / 2 016 PR _ _ _ _ _ 0 0 2 - F O U F O U N D A T I O N 0 1 / 2 5 / 2 016 PR _ _ _ _ _ 0 0 3 - B K F B A C K F I L L 0 1 / 2 9 / 2 0 1 6 PR _ _ _ _ _ A M 0 0 1 - F T G F O O T I N G 2 0 1 5 0 6 5 5 8 8 4 P U R C E L L S T 7 7 0 1 / 0 5 / 2 016 PR _ _ _ _ _ 0 0 2 - F T G F O O T I N G 0 1 / 0 8 / 2 016 PR _ _ _ _ _ 0 0 3 - P P W P R E - P O U R , W A L L S T E E L 0 1 / 2 0 / 2 016 PR _ _ _ _ _ 0 0 4 - B K F B A C K F I L L 0 1 / 2 6 / 2 016 PR _ _ _ _ _ 0 0 1 - R E L R O U G H E L E C T R I C A L 2 0 1 5 0 6 6 2 9 4 2 N B R I D G E S T 1 0 1 / 2 1 / 2 016 PR _ _ _ _ _ 0 0 2 - R F R R O U G H F R A M I N G 0 1 / 2 1 / 2 016 PR _ _ _ _ _ 0 0 3 - P L R P L U M B I N G - R O U G H 0 1 / 2 1 / 2 016 PR _ _ _ _ _ 0 0 4 - R M C R O U G H M E C H A N I C A L 0 1 / 2 1 / 2 016 PR _ _ _ _ _ 0 0 5 - P L U P L U M B I N G - U N D E R S L A B 0 1 / 2 6 / 2 0 1 6 PR _ _ _ _ _ 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 1 5 0 6 6 3 2 0 3 S S T A T E S T 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 6 0 0 0 2 6 5 1 W I N D E T T R I D G E R D 7 9 0 1 / 0 7 / 2 016 PR _ _ _ _ _ 0 0 1 - P L U P L U M B I N G - U N D E R S L A B 2 0 1 6 0 0 0 3 2 0 2 S P R U C E C T 2 5 0 1 / 2 0 / 2 016 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 5 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 5 TI M E : 1 2 : 5 6 : 0 2 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 1 / 0 1 / 2 0 1 6 T O 0 1 / 3 1 / 2 0 1 6 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ P M 0 0 2 - R E L R O U G H E L E C T R I C A L 0 1 / 2 5 / 2 016 PR _ _ _ _ _ 0 0 3 - R F R R O U G H F R A M I N G 0 1 / 2 5 / 2 016 PR _ _ _ _ _ 0 0 4 - R M C R O U G H M E C H A N I C A L 0 1 / 2 5 / 2 016 PR _ _ _ _ _ 0 0 5 - P L R P L U M B I N G - R O U G H 0 1 / 2 5 / 2 016 PR 1 0 : 0 0 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 6 0 0 0 4 7 2 8 E V E T E R A N S P K W Y # 1 0 3 0 1 / 0 8 / 2 016 C o m m e n t s 1 : F I R E M A R S H A L T O M E E T A S W E L L DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 6 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 6 TI M E : 1 2 : 5 6 : 0 2 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 1 / 0 1 / 2 0 1 6 T O 0 1 / 3 1 / 2 0 1 6 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PE R M I T T Y P E S U M M A R Y : B I P B U I L D I N C E N T I V E P R O G R A M S F D 5 9 B S M B A S E M E N T R E M O D E L 1 2 C C O C O M M E R C I A L O C C U P A N C Y P E R M I T 1 C R M C O M M E R C I A L R E M O D E L 1 4 D C K D E C K 1 F N C F E N C E 3 M I S M I S C E L L A N E O U S 2 R E P R E P A I R 5 S F D S I N G L E - F A M I L Y D E T A C H E D 2 IN S P E C T I O N S U M M A R Y : B K F B A C K F I L L 2 B S M B A S E M E N T F L O O R 3 E F L E N G I N E E R I N G - F I N A L I N S P E C T I O N 5 F F D B K F D F I N A L I N S P E C T I O N 1 F H D H E A L T H D E P T F I N A L A P P R O V A L 1 F I N F I N A L I N S P E C T I O N 1 0 F O U F O U N D A T I O N 1 F T G F O O T I N G 4 G A R G A R A G E F L O O R 1 I N S I N S U L A T I O N 7 P H D P O S T H O L E - D E C K 2 P H F P O S T H O L E - F E N C E 3 P L F P L U M B I N G - F I N A L O S R R E A D Y 7 P L R P L U M B I N G - R O U G H 9 P L U P L U M B I N G - U N D E R S L A B 6 P P S P R E - P O U R , S L A B O N G R A D E 2 P P W P R E - P O U R , W A L L S T E E L 1 R E L R O U G H E L E C T R I C A L 9 R F R R O U G H F R A M I N G 8 R M C R O U G H M E C H A N I C A L 9 S T P S T O O P 1 S U M S U M P 7 IN S P E C T O R S U M M A R Y : 1 B C B O B C R E A D E U R 1 F M F I R E M A R S H A L B K F D 1 P R P E T E R R A T O S 9 3 T K T O M K O N E N 3 ST A T U S S U M M A R Y : C 1 C F M 1 C P R 7 D P R 1 I B C 1 I P R 7 1 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 7 DA T E : 0 1 / 2 9 / 2 0 1 6 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 7 TI M E : 1 2 : 5 6 : 0 2 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 1 / 0 1 / 2 0 1 6 T O 0 1 / 3 1 / 2 0 1 6 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- T P R 1 4 T T K 3 RE P O R T S U M M A R Y : 9 9 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #3 Tracking Number EDC 2016-13 Property Maintenance Report for January 2016 EDC – March 1, 2016 Informational None Pete Ratos Community Development Name Department Page | 1 Property Maintenance Report January 2016 Adjudication: 0 Property Maintenance Cases heard in January January Property Maintenance Complaint Report Attached Memorandum To: Economic Development Committee From: Pete Ratos, Code Official CC: Bart Olson, Krysti Barksdale-Noble, Lisa Pickering Date: January 26, 2016 Subject: January Property Maintenance Ja n u a r y Pr o p e r t y Ma i n t e n a n c e Ca s e # C a s e D a t e A D D R E S S O F CO M P L A I N T TY P E O F V I O L A T I O N S T A T U S V I O L A T I O N LE T T E R SE N T FO L L O W U P ST A T U S CITATION ISSUED 20 1 6 0 0 0 3 1 / 2 1 / 2 0 1 6 3 0 2 N B R I D G E S T L I G H T S D I R E C T E D A T RE S I D E N C E TO B E IN S P E C T E D CO M P L I A N T 20 1 6 0 0 0 2 1 / 1 5 / 2 0 1 6 2 2 4 2 I R O Q U O I S L N T R A I L E R I N VI O L A T I O N 1/ 1 5 / 2 0 1 6 20 1 6 0 0 0 1 1 / 1 5 / 2 0 1 6 9 9 8 W H I T E P L A I N S LN TR U C K I N S I D E Y A R D I N VI O L A T I O N 1/ 1 5 / 2 0 1 6 01 / 0 1 / 2 0 1 6 - 0 1 / 3 1 / 2 0 1 6 To t a l R e c o r d s : 3 Pa g e : 1 o f 1 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #4 Tracking Number EDC 2016-14 Economic Development Update EDC – March 1, 2016 N/A An update will be given at the meeting. Bart Olson Administration Name Department Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #5 Tracking Number EDC 2016-15 Kendall County Intergovernmental Agreement Renewal – Inspection Services EDC/March 1, 2016 11/25/2014 Approval & Execution of 1st Amendment Majority Approval Renewal of the Intergovernmental Agreement between the United City of Yorkville and Kendall County related to building & plumbing inspection services. Krysti J. Barksdale-Noble Community Development Name Department Summary In May 2013, the City approved Resolution 2013-13 (attached) which executed an intergovernmental agreement between the City of Yorkville and Kendall County for shared building inspection services, on an as need basis, for a term of three (3) years. And in 2014, the City approved an amendment to the agreement which added shared plumbing services via Resolution 2014-34. This arrangement has worked very well for both the County and the City, and over the past few years, the City has provided 50 inspections for the County while the County has provided approximately 146 reciprocal inspections. Since the original agreement is set to expire this May, the proposed attached draft agreement is intended to continue the existing shared services agreement for an additional year with an option to renew annually upon written agreement between the City and the County. Background & Proposed Updated Agreement Original Agreement The basic substance of the original agreement offered substitute inspection services for the City of Yorkville and Kendall County should the Code Officials of the respective government agencies be on vacation or otherwise unavailable to conduct their normal duties. The original agreement, which is on an as need basis, consists of the following services when requested: footing inspections; backfill inspections; foundation wall inspections; concrete slab inspections; rough framing inspections; rough electric inspections; underground electric inspections; electrical service inspections; insulation inspections; roofing inspections and final inspections. Amended Agreement The terms of the original agreement, however, did not include plumbing inspections. Therefore, the 2014 amended agreement added plumbing inspections conducted by the City for the County, at the sole discretion of the Building Code Official, should the need arise. These inspections include rough plumbing and final plumbing inspections, but do not include plan review or permit approval of plumbing work. The original agreement excluded plumbing inspection services only because the County does not have an on-staff plumbing inspector whereas the City’s Building Code Official is an Illinois licensed plumber. Additionally, the County’s current plumbing inspector contractor is also contracted with the City to perform back-up plumbing inspection services. Since adoption of the amendment in February 2014, staff has not performed any plumbing inspection services for the County. However, at most, we estimate that the County would ultimately use our plumbing inspection services no more than one (1) week per calendar year when their plumbing contractor has his scheduled vacation. Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Pete Ratos, Building Code Official Date: February 23, 2016 Subject: Updated Kendall County Intergovernmental Agreement – Reciprocal Building Inspection and Plumbing Inspection Services Proposed Updated Agreement The proposed updated agreement has combined both the original building inspection and the amended plumbing inspection service provisions into a single document. The only substantive addition to the intergovernmental agreement is requirement of increased minimum employee insurance for: (a) comprehensive general liability from $1,000,000 per occurrence to $1,000,000 per occurrence and $2,000,000 aggregate; and (b) comprehensive excess liability insurance from $1,000,000 for each occurrence with a minimum $1,000,000 aggregate to $5,000,000 aggregate. Staff Comments Both Yorkville’s Building Department staff and Kendall County’s Building Department believes that this back up for inspection services is beneficial since each local government agency is staffed by one (1) full-time building inspector. Although, the requested update to the agreement has increased liability insurance provisions, the City meets or exceeds these minimums with our current policy through Mesirow Insurance Services (see attached). Kendall County’s Planning Building and Zoning Committee (PB&Z) will be reviewing this proposed amendment in the near future. Should you have any specific questions regarding the attached proposal; staff will be available at Tuesday night’s meeting. Page 1 of 10 INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN KENDALL COUNTY, ILLINOIS AND THE UNITED CITY OF YORKVILLE, ILLINOIS - 2016 THIS INTERGOVERNMENTAL AGREEMENT (“the Agreement”) by and between the County of Kendall, a unit of local government of the State of Illinois (“Kendall County”) and the United City of Yorkville, Kendall County, Illinois (the “City”) a municipal corporation of the State of Illinois, is as follows: WITNESSETH: WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, the City and Kendall County are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, pursuant to the authority granted by the Illinois Counties Code and Illinois Municipal Code (55 ILCS 5/1-1001, et seq. and 65 ILCS 5/1-1-1, et seq.), the County and City (collectively referred to as the “Parties”) are both authorized to perform inspections of buildings within their respective jurisdictions to promote the health and safety of the public; and WHEREAS, units of local government may establish agreements with other units of local government within the State of Illinois to enforce building codes pursuant to 20 ILCS 3105/10.09-1(f), which is commonly known as the Capital Development Board Act; and Page 2 of 10 WHEREAS, the County and City wish to share their resources and assist each other in the performance of inspections on an as needed basis, while not surrendering their own jurisdiction or relinquishing any of their rights. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. a. The Parties agree that Kendall County Code Official Brian Holdiman and the United City of Yorkville Building Code Official Pete Ratos shall perform the following services on the other party’s behalf when requested: footing inspections; backfill inspections; foundation wall inspections; concrete slab inspections; rough framing inspections; rough electric inspections; underground electric inspections; electric service inspections; insulation inspections; roofing inspections and final inspections. In instances where Holdiman or Ratos inspect and find violations and a code enforcement action is required in court or administrative adjudication, Holdiman or Ratos may be requested to be a witness to verify any violations found during their inspection. If it is requested that either Ratos or Holdiman attend an administrative or court hearing in regard to violations, then they shall be given reasonable notice of no less than fourteen (14) days for such hearing and they shall attend as requested. b. The Parties agree that the United City of Yorkville Building Code Official Pete Ratos may, in his discretion, perform plumbing inspections on Kendall County’s behalf when requested. In instances where Ratos performs plumbing inspections and finds Page 3 of 10 violations and a code enforcement action is required in court or administrative adjudication, Ratos may be requested to be a witness to verify any violations found during his inspection. If it is requested that Ratos attend an administrative or court hearing in regard to violations, then he shall be given reasonable notice of no less than fourteen (14) days for such hearing and he shall attend as requested. Section 3. The Parties agree that the following inspection services shall not be provided under this agreement: plan review; permit approval, and; initial site inspections prior to a permit being issued. Section 4. Upon request, the Parties agree to coordinate and assist each other in the parties’ performance of the inspections set forth in Section 2 of this Agreement only under the following circumstances: a. If Kendall County Code Official Holdiman or City Building Code Official Ratos is absent from work due to illness, vacation, on an approved leave of absence, or otherwise unavailable to perform one or more of the above listed inspections within Section 2(a) for their respective jurisdiction; and/or b. If Kendall County Code Official Holdiman or City Building Code Official has a conflict of interest in performing one or more of the inspections set forth in Section 2(a) for their respective jurisdiction; and/or c. If the Kendall County Plumbing Contractor is absent from work due to illness, vacation, on an approved leave of absence, or otherwise unavailable to perform plumbing inspections for his or her respective jurisdiction; and/or d. If the Kendall County Plumbing Contractor has a conflict of interest in performing plumbing inspections for his or her respective jurisdiction. Page 4 of 10 For purposes of this Agreement, the party requesting assistance shall be referred to as “the home jurisdiction” and the party providing the inspection services assistance as set forth in Section 2 shall be referred to as “the visiting inspector”. Section 5. In the event the visiting inspector is unable to perform the inspection services set forth in Section 2 of this Agreement, the home jurisdiction shall be responsible for performing its inspection or shall be responsible for retaining and payment of a third party to perform the inspection. Section 6. When the visiting inspector performs an inspection on behalf of the home jurisdiction, the visiting inspector shall utilize the building codes of the home jurisdiction where the inspection is taking place. As such, when an inspection is within the corporate limits of the City, the Kendall County inspector shall use the building codes that are currently adopted and enforced by the City at the time of the inspection. When an inspection is in an unincorporated portion of Kendall County, where the County has jurisdiction, the City inspector shall utilize the building codes that are currently adopted and enforced by Kendall County at the time of the inspection. Section 7. When a home jurisdiction requests the visiting inspector’s assistance, the home jurisdiction shall provide a minimum of twenty-four (24) hours notice when there is a foreseeable need for the other party’s inspection services. In the event of an illness or other emergency, the parties agree to provide each other with as much advance notice as possible if a visiting inspector’s services are needed pursuant to Section 4. Section 8. Inspections must be completed using the proper jurisdiction’s forms. Prior to the commencement of any requested inspection, the home jurisdiction requesting assistance will prepare and provide all necessary inspection reports/forms for use by the visiting inspector Page 5 of 10 and deliver them to the visiting inspector prior to the inspection taking place. Following an inspection, the original, completed inspection reports/forms shall be returned to the home jurisdiction within twenty-four (24) hours after completion of the inspection. After the visiting inspector has returned the original, completed inspection reports/forms to the home jurisdiction, the visiting inspector shall not be required to retain the records of inspections for the home jurisdiction after performing inspections under this Agreement. Section 9. Neither the City nor Kendall County shall subcontract the services provided to the other under this agreement to a third-party inspector without the prior written consent of the other party. Section 10. There will be no compensation paid to, or by, either jurisdiction for the sharing of services under this Agreement. Section 11. When a visiting inspector performs an inspection under this Agreement for the home jurisdiction, the visiting inspector shall use their own equipment, tools and vehicles, and the home jurisdiction shall not be responsible for reimbursing the visiting inspector for mileage or any other expenses incurred by the visiting inspector. Section 12. The City and Kendall County shall each defend, with counsel of the other party’s own choosing, indemnify and hold harmless the other party, including past, present and future board members, elected officials, insurers, employees, and agents from and against any and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating thereto, including but not limited to attorneys’ fees and other legal expenses, which the other party, its past, present and future board members, elected officials, insurers, employees, and/or agents may hereafter sustain, incur or be required to pay relating to or arising in any manner out of the inspections to be performed by the other party under this agreement. As such, Page 6 of 10 when the City performs an inspection for Kendall County, the City will defend with counsel of Kendall County’s own choosing, indemnify and hold harmless Kendall County as set forth above relating to the City’s and the City Building Code Official’s actions in the performance of their duties under this Agreement. When Kendall County performs an inspection for the City, Kendall County will defend with counsel of the City’s own choosing, indemnify and hold harmless the City as set forth above relating to Kendall County’s and the County Code Official’s actions in the performance of their duties under this Agreement. Section 13. Nothing in this agreement shall be deemed to change or alter the jurisdiction of either the City or Kendall County in any respect, including, but not limited to their building and zoning regulations, powers and duties. Section 14. This Agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. Section 15. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois, Twenty-Third Judicial Circuit. In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Page 7 of 10 Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 16. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c) telecopying the same with electronic confirmation of receipt If to the County: Director Kendall County Planning, Building & Zoning 111 West Fox Street, Room 203 Yorkville, Illinois 60560 Fax: 630-553-4179 With copy to: Kendall County State’s Attorney 807 John Street Yorkville, Illinois, 60560 Fax: 630-553-4204 If to the City: Community Development Director United City of Yorkville Building Safety and Zoning 800 Game Farm Road Yorkville, Illinois 60560 Fax: 630-553-7264 Or any such other person, counsel or address as any party hereto shall specify pursuant to this Section from time to time. Section 17. This Agreement may be executed in counterparts (including facsimile signatures), each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. Section 18. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. Except Page 8 of 10 as stated herein, this agreement supersedes any other prior written or oral agreements between the parties and may not be further modified except in writing acknowledged by both parties. Section 19. Nothing contained in this Agreement, nor any act of Kendall County or the City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving Kendall County and the City. Further, nothing in this agreement should be interpreted to give Kendall County or the City any control over the other’s employees or imply a power to direct the employees of the other government body, which neither entity may exercise. Section 20. When performing inspections under the terms of this Agreement, Kendall County and City intend that any injuries to their respective employee shall be covered and handled exclusively by their jurisdiction’s own worker’s compensation insurance in place at the time of such injury. It is further agreed that all employee benefits, wage and disability payments, pension and worker’s compensation claims, damage to or destruction of equipment, facilities, clothing and related medical expenses of the City or Kendall County and their respective inspectors, which may result from their activities under this Agreement, shall be the responsibility of the jurisdiction which employs the inspector making such a claim. Section 21. The Parties will obtain and continue in force, during the term of this Agreement, all insurance as set forth below. Each insurance policy shall not be cancelled or changed without thirty (30) days prior written notice, given by the respective insurance carrier(s) to the parties at the addresses set forth in Section 16. Before starting inspections hereunder, the parties shall obtain the following insurance at a minimum: (a) Worker’s Compensation and Occupational Disease Disability insurance, in compliance with the laws of the jurisdiction where Page 9 of 10 the work is being performed; (b) Employer’s comprehensive general liability insurance for both personal injury and property damage in the minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate; (c) Comprehensive business automobile liability insurance in the minimum amount of $1,000,000 combined single limit; and (d) Comprehensive excess liability insurance with a combined minimum single limit of $1,000,000 for each occurrence and $5,000,000 aggregate. Certificates of such insurance detailing the coverage therein shall be available to the other party upon execution of this Agreement. Neither party waives its immunities or defenses, whether statutory or common law by reason of the indemnification and insurance provisions contained in this Agreement. Section 22. This Agreement shall be in full force and effect for a period of one (1) year from the date of the last signature below, however it may be renewed upon agreement of the parties in writing. Section 23. Either party may terminate this Agreement by providing thirty (30) calendar days’ advance written notice to the other party. However, any act of bad faith in the execution of duties under this Agreement shall result in immediate termination of the other party’s duties as laid out herein. For the purpose of this agreement, “bad faith” is an intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others. Also, the parties agree to provide prompt written notice within fifteen (15) calendar days to the other party if Kendall County Code Official Brian Holdiman’s or City Building Code Official Pete Ratos’ employment ceases for whatever reason. In such event, this Agreement shall immediately terminate upon receipt of said written notice. Page 10 of 10 Section 24. The parties understand and agree that this Agreement in no way creates a joint employment relationship between the Parties. The Parties understand and agree that they are solely responsible for paying all wages, benefits and any other compensation due and owing to its employees for the performance of visiting inspector services set forth in this Agreement. The parties further understand and agree that the parties are solely responsible for making all required payroll deductions and other tax and wage withholdings pursuant to state and federal law for its employees who perform visiting inspector services as set forth in this Agreement. Section 25. Kendall County and the City each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the date below in the United City of Yorkville, Illinois. County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Illinois Illinois, a municipal corporation By: ____________________________ By: ____________________________ Chair, Kendall County Board Mayor Date: ____________________________ Date: ____________________________ Attest: Attest: __________________________________ ____________________________ County Clerk City Clerk I i Resolution No. 2013- A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN THE UNITED CITY OF YORKVILLE AND KENDALL COUNTY BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : j Section 1. That the Intergovernmental Agreement for Reciprocal Building Inspections Services Between Kendall County, Illinois and Yorlh)ille, Illinois, attached hereto and made a part hereof by reference as Exhibit A, is hereby approved, and Gary Golinski , Mayor, and Beth Warren, City Clerk, be and are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 2.This Resolution shall be in full force and effect upon its passage and approval as provided by law . i Passe by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 20134 CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this o dayof MAV 2013 . t M R Resolution No . 2013 - i3 Page 1 INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN KENDALL COUNTY, ILLINOIS AND YORKVILLE, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT ("the Agreement ") by and between the County of Kendall, a unit of local government of the State of Illinois ("Kendall County") and i the United City of Yorkville, Kendall County, Illinois (the " Cite") a municipal corporation of the State of Illinois, is as follows : WITNESSETH : j i WHEREAS , the Constitution of the State of Illinois of 1970 , Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities ; and WHEREAS , the City and Kendall County are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter I into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/ 1 et seq. ; and WHEREAS , pursuant to the authority granted by the Illinois Counties Code and Illinois Municipal Code (55 ILCS 511 - 1001 , et seq . and 65 ILCS 5/ 1 - 1 - 1 , et seq . ) , the County and City collectively referred to as the "Parties") are both authorized to perform inspections of buildings i within their respective jurisdictions to promote the health and safety of the public; and i WHEREAS , units of local government may establish agreements with other units of local government within the State of Illinois to enforce building codes pursuant to 20 ILCS 3105/ 10 . 09- 1 (f) , which is commonly known as the Capital Development Board Act; and i Page 1 of 10 i I i WHEREAS, the County and City wish to share their resources and assist each other in the performance of inspections on an as needed basis, while not surrendering their own i jurisdiction or relinquishing any of their rights . j NOW, THEREFORE , in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows : Section 1 . The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1 . Section 2 . The Parties agree that Kendall County Code Official Brian Holdiman and the City of Yorkville Building Code Official Pete Ratos shall perform the following services on i the other party ' s behalf when requested : footing inspections ; backfrll inspections ; foundation wall inspections ; concrete slab inspections ; rough framing inspections ; rough electric inspections ; underground electric inspections ; electric service inspections ; insulation inspections ; j roofing inspections and final inspections . In instances where Holdiman or Ratos inspect and find violations and a code enforcement action is required in court or administrative adjudication, Holdiman or Ratos may be requested to be a witness to verify any violations found during their i i inspection. If it is requested that either Ratos or Holdiman attend an administrative or court hearing in regard to violations, then they shall be given reasonable notice of no less than fourteen 14) days for such hearing and they shall attend as requested . Section 3 . The Parties agree that the following inspection services shall not be provided under this agreement : plan review ; permit approval ; initial site inspections prior to a permit being issued and plumbing inspections . i Page 2 of 10 I I i i i I Section 4 . Upon request, the Parties agree to coordinate and assist each other in the parties ' performance of the inspections set forth in Section 2 of this Agreement only under the following circumstances : a. If Kendall County Code Official Holdiman or City Building Code Official Ratos is absent from work due to illness, vacation, on an approved leave of absence, or otherwise unavailable to perform one or more of the above listed inspections within i Section 2 for their respective jurisdiction; and/or b . If Kendall County Code Official Holdiman or City Building Code Official Ratos has a conflict of interest in performing one or more of the inspections set forth in Section 2 for their respective jurisdiction . For purposes of this Agreement, the party requesting assistance shall be referred to as "the home j jurisdiction" and the party providing the inspection services assistance as set forth in Section 2 i shall be referred to as "the visiting inspector" . Section S . In the event the visiting inspector is unable to perform the inspection services set forth in Section 2 of this Agreement, the home jurisdiction shall be responsible for I performing its inspection or shall be responsible for retaining and payment of a third party to perforin the inspection. Section 6. When the visiting inspector performs an inspection on behalf of the home jurisdiction, the visiting inspector shall utilize the building codes of the home jurisdiction where the inspection is taking place. As such, when an inspection is within the corporate limits of the City, the County inspector shall use the building codes that are currently adopted and enforced by the City at the time of the inspection. When an inspection is in an unincorporated portion of Page 3 of 10 Kendall County, where the County has jurisdiction, the City inspector shall utilize the building codes that are currently adopted and enforced by the County at the time of the inspection . Section 7. When a home jurisdiction requests the visiting inspector' s assistance, the home jurisdiction shall provide a minimum of twenty-four (24) hours notice when there is a foreseeable need for the other party ' s inspection services . In the event of an illness or other emergency, the parties agree to provide each other with as much advance notice as possible if a I visiting inspector' s services are needed pursuant to Section 4 . i Section 8. Inspections must be completed using the proper jurisdiction' s forms . Prior to the commencement of any requested inspection, the home jurisdiction requesting assistance I will prepare and provide all necessary inspection reports/forms for use by the visiting inspector and deliver them to the visiting inspector prior to the inspection taking place. Following an inspection, the original, completed inspection reports/forms shall be returned to the home jurisdiction within twenty-four (24) hours after completion of the inspection. After the visiting F inspector has returned the original, completed inspection reports/forms to the home jurisdiction, the visiting inspector shall not be required to retain the records of inspections for the home jurisdiction after perfonning inspections under this Agreement. Section 9. Neither the City nor the County shall subcontract the services provided to i the other under this agreement to a third-party inspector without the prior written consent of all i parties . Section 10 . There will be no compensation paid to , or by, either jurisdiction for the sharing of services under this Agreement . Section 11 . When a visiting inspector performs an inspection under this Agreement for the home jurisdiction, the visiting inspector shall use its own equipment, tools and vehicles , and Page 4 of 10 the home jurisdiction shall not be responsible for reimbursing the visiting inspector for mileage or any other expenses incurred by the visiting inspector. Section 12 . The City and County shall each defend, with counsel of the other party' s own choosing, indemnify and hold harmless the other party, including past, present and future board members, elected officials , insurers, employees, and agents from and against any and all claims, liabilities, obligations, losses, penalties , fines, damages, and expenses and costs relating thereto, including but not limited to attorneys ' fees and other legal expenses, which the other party, its past, present and future board members, elected officials, insurers, employees, and/or agents may hereafter sustain, incur or be required to pay relating to or arising in any manner out of the inspections to be performed by the other party under this agreement. As such, when the City performs an inspection for the County, the City will defend with counsel of the County ' s own choosing, indemnify and hold harmless the County as set forth above relating to the City ' s and the City Building Code Official ' s actions in the performance of their duties under this Agreement. When the County performs an inspection for the City, the County will defend with counsel of the City ' s own choosing, indemnify and hold harmless the City as set forth above relating to the County ' s and the County Code Official ' s actions in the performance of their duties under this Agreement. Section 13 . Nothing in this agreement shall be deemed to change or alter the jurisdiction of either the City or County in any respect, including, but not limited to their building and zoning regulations, powers and duties . Section 14. This Agreement and the rights of the parties hereunder may not be i assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto . Page 5 of 10 i i I Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements . I Section 15 . This Agreement shall be interpreted and enforced under the laws of the I State of Illinois . Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois . In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed fiom this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall I not in any way be affected or impaired thereby. Section. 16. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c) telecopying the same with electronic confirmation of receipt j If to the County : Director Kendall County Planning, Building & Zoning 111 West Fox Street, Room 203 Yorkville, Illinois 60560 Fax : 630-553 -4179 With copy to : Kendall County State ' s Attorney 807 John Street Yorkville, Illinois, 60560 Fax : 630-553 -4204 If to the City :Community Development Director Page 6 of 10 i i United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Fax : 630- 553 -7264 Or any such other person, counsel or address as any party hereto shall specify pursuant to this i Section from time to time. Section 17. This Agreement may be executed in counterparts (including facsimile signatures) , each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement . Section 18. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. Except as stated herein, this agreement supersedes any other prior written or oral agreements between the parties and may not be further modified except in writing acknowledged by both parties . I Section 19. Nothing contained in this Agreement, nor any act of the County or the City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or I general partnership, joint venture, or any association or relationship involving the County and the I City. Further, nothing in this agreement should be interpreted to give the County or City any control over the other' s employees or imply a power to direct the employees of the other government body, which neither entity may exercise. Section 20. When performing inspections under the terms of this Agreement, the County and City intend that any injuries to their respective employee shall be covered and handled exclusively by their jurisdiction ' s own worker' s compensation insurance in place at the i time of such injury, It is further agreed that all employee benefits, wage and disability payments, Page 7 of 10 I pension and worker ' s compensation claims , damage to or destruction of equipment, facilities , clothing and related medical expenses of the City or County and their respective inspectors, which may result from their activities under this Agreement, shall be the responsibility of the jurisdiction which employs the inspector making such a claim . i Section 21 . The Parties will obtain and continue in force, during the term of this Agreement, all insurance as set forth below. Each insurance policy shall not be cancelled or changed without thirty (30) days prior written notice, given by the respective insurance carrier(s) to Kendall County and the City at the address set forth herein. Before starting inspections hereunder, the parties shall obtain the following insurance at a minimum : (a) Worker' s j Compensation and Occupational Disease Disability insurance, in compliance with the laws of the jurisdiction where the work is being performed, (b) Employer ' s comprehensive general liability insurance for both personal injury and property damage in the minimum amount of $ 1 , 000, 000 for each accident, (c) Comprehensive business automobile liability insurance in the minimum amount of $ 1 ,000,000 combined single limit, (d) Comprehensive excess liability insurance with a combined minimum single limit of $ 1 , 000, 000 for each occurrence, with a minimum I 1 , 000, 000 aggregate. Certificates of such insurance detailing the coverage therein shall be available to the other party upon execution of this Agreement .Neither party waives its immunities or defenses, whether statutory or common law by reason of the indemnification and insurance provisions contained in this Agreement. Section 22 . This Agreement shall be in full force and effect for a period of three (3 ) years from the date of the last signature below, however it may be renewed upon agreement of the parties in writing, i i jPage8of10 ii Section 23, This Agreement may be amended only with written consent of all parties hereto . Section 24. Either party may terminate this Agreement by providing thirty (30) calendar days ' advance written notice to the other party . However, any act of bad faith in the execution of duties under this Agreement shall result in immediate termination of the other party ' s duties as laid out herein. For the purpose of this agreement, "bad faith" is an intentional dishonest act by not fulfilling legal or contractual obligations , misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others .Also , the parties agree to provide prompt written notice within fifteen 15) calendar days to the other party if County Code Official Brian Holdiman ' s or City Building Code Official Pete Ratos 'employment ceases for whatever reason . In such event, this Agreement shall immediately terminate upon receipt of said written notice . Section 25. The parties understand and agree that this Agreement in no way creates a joint employment relationship between the Parties .The Parties understand and agree that they are solely responsible for paying all wages, benefits and any other compensation due and owing to its employees for the performance of visiting inspector services set forth in this Agreement . The parties further understand and agree that the parties are solely responsible for making all I required payroll deductions and other tax and wage withholdings pursuant to state and federal law for its employees who perform visiting inspector services as set forth in this Agreement. Section 26. Kendall County and the City each hereby warrant and represent that their I respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. Page 9 of 10 I i IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental I Agreement to be executed by their duly authorized officers on the above date at Yorkville, i Illinois . i County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Illinois Illinois, a municipal corporation ff i By: d B y: G I Chaff , Kendall ounty oard Mayor Attest: Attest: County Clerk City Clerk y i i i i i i i i Page 10 of 10 i i Resolution No. 2014- A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN KENDALL COUNTY, ILLINOIS AND YORKVILLE,ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the County of Kendall is a duly organized and validly existing unit of local government of the State of Illinois. NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the First Amendment to the Intergovernmental Agreement for Reciprocal Building Inspection Services Between Kendall County, Illinois and Yorkville, Illinois, attached hereto and made a part hereof, is hereby approved and the Mayor and the City Clerk are hereby authorized to execute and deliver said First Amendment on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of /Uayflw ( ' 2014. I— _L& CITY CLERK l CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Resolution No.2014-3q Page 1 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 62 day of ECE M BF.f 2014. MAIIOF/ At tes U City Clerk Resolution No.2014-34 Page 2 FIR8'r AMENDIMENTTO THE INTERGOVERNMENTAL AGREEMENl[FOR RECIPROCAL BUILDING INSPECTION SERVICES BE'rWEENKENDALL CO0NTV, ILLINOIS AND 1/ORKN/8LLE, ILIJN0US This First Axncndnnco1 to the lcdezgov#oznunta| f\gccomeni for Reciprocal Building Inspection Services bctvvccn Kendall County, D6onin and Yorkville. Uhuoja (the "Ti/s/ me/xdixev/"), ioonodeoodentered into this | / day of Qkju 20l4` byand hetvvceu the County of Kendall, a unit of local government of the State ofillinois ("Kendall Countv") and the United City uf}'ockviUi, Kendall County, Illinois, an D|iunio municipal corporation (the ^^(T(y"). wi,rNESSET|-I WHEREAS, Article l/}/, Suudoo l0of the Illinois Constitution ofl470provides that units of local government may contract or otherwise associate among themselves to obtain or obuno services and to exercise, combine, or transfer any power or function in any nua000r not prohibited by law nrby ordinance and may use their credit, revenues, and other resources topay costs related tointergovernmental activities-, mod, WHEREAS, the {]pp and Kcodo}) County are units of local government within dhe rouuuiog of/\dic\e \/{|. Soodcon | of the [!1ioOio Constitution o[|97U who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 e/xxy. (the '~/n/e/l,,ovorxmen&«/{ooyo/t///axAc(`1; and, WHEREAS, pursuant to the authohty granted by the |ntergnvucnrucmtu| Cooperation Act. the Illinois Counties Code (5-5 |LCS 5/1-1001^ a% se4.). the Illinois Municipal Code (65 II-[@ j/l'|-1, m/ xx9.), and Section 10.09-1(f) of the Capital Development Board Act (70 lLCS 3105/10.09'1(M), Kendall County and the City {co}}c»dvcly the ^-Parties") entered into the Intergovernmental Agreement bor Kouiponca\ Building Inspection Services betvvcco Kendall l County. Illinois and Yorkville. Illinois (the **O)-ginal .4,,,I-eement") in order to share their resources and assist each other in the performance of certain inspections on an as needed basis., and, WHEREAS, the Original Agreement excluded plumbing inspection.-, from the list of inspection services that the Parties would perform on each other's behalf when requested-, and. WHEREAS, the Parties now desire to amend the Original Agreement to allow the City of Yorkville Building Code Official Pete Ratos to perform plumbing inspections on Kendall COUMN"s behalf when requested. 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 Pailles agree as follows: Section 1. The Parties agree that all of the recitals contained in the Preambles to the First Amendment are true and correct and are hereby incorporated into this First Amendment as though they were fully set forth in this Section 1. Section 2. Section 2 of the Original Agreement is hereby amended to read as follows: Section 2. a. The Parties agree that Kendall County Code Official Brian Holdiman and the City of Yorkville Building Code Official Pete Ratos shall perform the following services on the other Party's behalf when requested: footing inspections; backfill inspections; foundation wall inspections; concrete slab inspections; rough framing inspections, rough electric inspections, underground electric inspections; electric service inspections:, insulation inspections, rooting inspections and final inspections. In instances where Holdiman or Ratos inspect and find violations and a code enforcement action is required in court or administrative adjudication, Floldinian or Ratos may be requested to be a witness to verify any violations found during their inspection. If it is requested that either Ratos or Holdinian attend an administrative or Court hearing in regard to violations, then they shall be given reasonable notice of no less than fourteen (14) days for such hearing and they shall attend as requested. b. The Parties agree that City of Yorkville Building Code Official Pete Ratos may, in his discretion. perform plumbing inspections on Kendall County's behalf when requested. In instances where Ratos performs plumbing inspections and finds violations and a code enforcement action is required in court or administrative adjudication, Ratos may be requested to be a witness to verify any violations R)und during his inspection. if it is requested that Ratos attend all administrative or court hearing in rcoard to violations, then lie shall be given reasonable notice of no less than tburteen (14) days for such hearing and he shall attend as requested.- Section 3. Section 3 of the Original Agreement is hereby amended to read as follows: Section 3. The Parties agree that the following inspection services shall not be provided under this agreement: plan review; permit approval; and initial site inspections prior to a permit being issued.- Section 4. Section 4 of the Original Agreement is hereby amended to read as follows: 3 Seclion4. Upon request. the Parties agree to coordinate and assist each other ill the Parties` performance of(he inspections set 4brth in Section 2uf this Agreement only under the following ci,00 ill stances: a. !f Kendall County Code ()ffidu| F{oldiruanor City Building Code ()0ficiu\ &utou io absent from work due tu illness, vacation, oil on approved leave n[absence, o« otherwise unavailable to perform one or more of the above listed inspections within Section 2/ulfbr their respective jurisdiction; aud/or, b. If Kendall County Code 00Gciu| Bn|dirnan or City Building Code 0fficiu| Ratoy has a conflict ofinterest in performing one or more of the inspections set forth in Section 2/a> for their respective jurisdiction; and/or, c |f the Kendall County Plumbing Contractor iaabsent from work due toillness, vacation, on an approved leave of absence, or otherwise unavailable to perform plumbing inspections for his or her rcapnutivc jurisdiotioo: and/or, d. 1f the Kendall County Plumbing Contractor has u conflict ofinterest in pccfbnoiog plumbing inspections for his or her respective jurisdiction. For purposes of this Agreement, the Party requesting assistance shall be referred twua "the home jurisdiction" and the Party providing the inspection services assistance as act fhdb in 3ccdnn 2 shall bc referred toas -the visiting inspeck`r`" Sec//on 5. All other terms and conditions of the Original Agreement mba|| remain in full force and effect. 4 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. County ' end' aL111it0f*IOC.A1government United City of Yorkville. Kendall County, of the tate o ' Ilinois Illinois a municipal corporation 1,7 3 Clair., County Boa Mayor a L" Ilinois Cl air.I C Atles Attest.- 1liza-Z County Clerk City Clerk 5 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1/04/2016 Mackey Team Mesirow Insurance Services 353 N. Clark Street Chicago, IL 60654 312 595-6200 United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 American Alternative Insurance Illinois Public Risk Fund 19720 A X X GPPAPF605481804 12/31/2015 12/31/2016 1,000,000 1,000,000 10,000 1,000,000 3,000,000 3,000,000 A X X X GPPAPF605481804 12/31/2015 12/31/2016 1,000,000 A X X GPPAPF605481804 12/31/2015 12/31/2016 10,000,000 10,000,000 B N 073 01/01/2016 01/01/2017 X 2,500,000 2,500,000 2,500,000 Certificate holder and United City of Yorkville are listed as Additional Insured with respect to the General Liability on a primary & non-contributory basis. EVIDENCE OF COVERAGE ONLY 1 of 1 #S1969099/M1969096 CITYYORClient#: 80105 EJS 1 of 1 #S1969099/M1969096 This page has been left blank intentionally. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #6 Tracking Number PC 2016-05 BBB Farms LLC – Silver Fox Development (Rezoning) EDC/March 1, 2016 N/A Informational Feedback Request for Rezoning approval from R-2 to A-1. Chris Heinen Community Development Name Department Background & Request: The petitioner, BBB Farms LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning approval from R-2, Single-Family Traditional Residence District to A-1, Agricultural District. The real property is located on Fox Road, between Pavilion Road and Ford Drive in Yorkville, Illinois. Memorandum To: Economic Development Committee From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: February 23, 2016 Subject: Rezoning request of the Silver Fox development located on Fox Road, between Pavilion Road and Ford Drive. 1 The property was annexed pursuant to an annexation agreement on August 8, 2006 to the City of Yorkville by the Midwest Development group by Ordinance 2006-69. The property was zoned R-2 Single Family Residence District and is known as the Silver Fox Development. The Silver Fox subdivision was approved for a 172-unit single-family residential development. The original developer, Midwest Development LLC, secured Concept Plan approval only for the approximately 102 acre property but was never granted Preliminary or Final Plat approval. The land has remained undeveloped since that time. In March of 2015, an application for a special use for an air- supported dome structure for indoor athletic recreation was submitted to the City for review. The petitioner has since withdrawn and was never formally approved by City Council. The petitioner recently purchased the property and is looking to maintain the agricultural use. As part of the first amendment to the annexation agreement dated May 26, 2015 by Ordinance 2015-28, the property was to repeal any and all cross contingencies and obligations which are now valid against developable area and remain within the R-2 zoning classification. Additionally, the current use, agricultural, shall be permitted to continue as a legal non-conforming use. This legal non-conforming use status would expire on August 7, 2026 and per the Zoning Ordinance, Section 10-15-4D, “any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years.” This would require the petitioner to apply for an extension every two years in order to maintain the agricultural use. It is the intent of the petitioner to continue farming the property beyond the agreement time frame and is therefore requesting the rezoning to Agriculture. Comprehensive Plan: The City’s Comprehensive Plan Update 2008 has designated this parcel primarily as “Suburban Neighborhood” which is intended primarily for single- family detached residences. It is also designated as “Park/Open Space” which is intended to preserve existing public open spaces such as recreational areas (park lands), existing privately held open space properties such as cemeteries, while identifying environmentally sensitive areas to establish appropriate locations for new designated open spaces. It should be noted that a majority of the subdivisions planned for this area were approved prior to the Comprehensive Plan being adopted in 2008. A majority of these uses within the Comp Plan 2 mimicked what was approved for a site or the existing zoning at the time of approval. As part of the proposed Comprehensive Plan Update concurrently being revised by The Lakota Group, this area is intended to be designated as Estate/Conservation Residential. These neighborhoods are intended to provide flexibility for residential design in areas of Yorkville that can accommodate low density detached single family housing but also include sensitive environmental and scenic features that should be retained and enhanced. Such neighborhoods can be characterized by conventional development, such as detached housing on large lots, or conservation design by clustering homes together that leave undeveloped green pace for agriculture, preservation of historic and cultural resources, and open space for community use. In conservation design, generally 40 to 60 percent of a development site is set aside in conservation areas; therefore, homes may be built on smaller lots than in a conventional estate-type subdivision. Suitable locations for Estate/Conservation Residential neighborhoods include areas that serve as suitable transitions from Suburban Neighborhoods to agricultural zones, and places of identifiable scenic views, tree masses and environmental features. It should be noted that the update to the comp plan is currently being reviewed and has not been approved by City Council. Additionally, recommendations from the proposed Comp Plan update will include filling in existing subdivisions as a priority as the City has several years of inventory for single family detached homes. Due to the amount of inventory within the city, staff feels that this property would not develop within the next five to ten years and would remain agricultural in nature. Existing Conditions: As you can see by the aerial on Page 1 of this memo, the subject property and surrounding properties are mainly agricultural in nature, with the exception of the Hoover Forest Preserve and the Fox Glen Subdivision. The existing zoning and land use for properties surrounding the subject property are as indicated below. Zoning Land Use North Kendall County/Forest Preserve County Residences & Forest Preserve East Kendall County Vacant/Farm Land South Kendall County Vacant/Farm Land West Kendall County Farmstead/Farm Land Amendment Criteria: Section 10-4-10B of the City’s Zoning Ordinance establishes standards for proposed amendment requests. Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of property values of plaintiff promotes the health, safety, morals or general welfare of the public. 3 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purposes. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the purposed use. 8. The care to which the community has undertaken to plan its land use development. The applicant has provided written responses to these amendment standards as part of their application and requests inclusion of those responses into the public record at the April 13, 2016 Plan Commission meeting. Staff Comments: This proposed rezoning is scheduled to be discussed at a public hearing on April 13, 2016 in front of the Plan Commission. A recommendation will be forwarded to the City Council for consideration at the April 26, 2016 regularly scheduled meeting. Staff will be available to answer any question the Economic Development Committee may have at Tuesday night’s meeting. Attachments: 1. Copy of Petitioner’s Application 2. Ordinance 2006-69 3. Ordinance 2015-28 4. Section 10-15-4D of the Zoning Ordinance 5. Copy of Public Notice 4 DE]EIIc I E G I L-t—ETTE KENDALL COUNTY, IL RECORDED: 9/24/2015 3:86 PM ORDI: 59.88 RNSPS FEE: 10.88 PAGES: 14 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2015-28 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING THE FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND JUSTINE BRUMMEL This is the first amendment to the Annexation Agreement for the Silver Fox Subdivision recorded as Document#200600031425. i Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 26"'day of May, 2015 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on September 24,2015. Ordinance No. 2015- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND JUSTINE BRUMMEL WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City and Midwest Development, LLC entered into an Annexation Agreement dated August 8, 2006 (the "Original Agreement") which provided, among other things, for the annexation into the City and the development of approximately 100 acres (the Subject Property") in accordance with an R-2 Single Family Residence District to be known as Silver Fox"; and, WHEREAS, the Subject Property was never developed, nor any other area included in any one of four (4) additional developments, all five collectively defined as the "Southwest Infrastructure Developments," and all of the parties in interest, or their successors in interest, now desire to unwind any and all of the cross contingencies and obligations of the Southwest Infrastructure Developments; and, WHEREAS, the City desires to amend each of the annexation agreements as executed by each member of the Southwest Infrastructure Developments to remove all cross contingencies and obligations on the condition that all five owners of the Southwest Infrastructure Developments agree to such amendments; and, WHEREAS, all notices required by law relating to an amendment to the Original Agreement have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and, WHEREAS, as required by the Illinois Municipal Code, the Mayor and City Council of the City duly fixed the time and the place for a public hearing on the amendment to the Original Agreement, and pursuant to legal notice, held said hearing on May 12, 2015 all as required by the provisions of the Illinois Compiled Statutes and the City's Ordinances. 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 above recitals are incorporated and made a part of this Ordinance. Section 2. The First Amendment To An Annexation Agreement By And Between The United City"Of Yorkville, Kendall County, Illinois And Justine Brummel, attached hereto Ordinance No. 2015-cZg Page 2 and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said First Amendment on behalf of the City. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2015. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER y JOEL FRIEDERS DIANE TEELING SEAVER TARULIS A pp roved by me as Mayor of the United City of Yorkville Kendall County, Illinois, this y day of JEPTE M 6F-R- ,A.D. 2015. MAYO Attest: 2 C CLERK Published in pamphlet form: 5EPTE*16Er2 15 , 2015 Ordinance No.2015-Q8 Page 3 FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND JUSTINE BRUMMEL This First Amendment to an Annexation Agreement dated August 8, 2006 (the "Original Agreement") by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (the "City"), and Midwest Development, LLC (the "Original Owner") is made and entered into this y day of SEP TEM 6EK , 2015, by and between the City and Justine Brummel of 12565 Fox Road, Yorkville, Illinois 60560 ("Successor Owner"). WHEREAS, the City and the Original Owner entered into the Original Agreement which provided, among other things, for the annexation into the City and the development of approximately 100 acres (the "Subject Property") in accordance with an R-2 Single Family Residence District to be known as "Silver Fox"; and, WHEREAS, the Original Agreement further provided for the development of 172 single- family residences as shown on a Preliminary Plat attached thereto as Exhibit B; the establishment of a Special Service Area as the primary funding mechanism for the installation of the necessary public improvements; and obligated the City to issue "Special Revenue Bonds" payable from special taxes levied on several service areas, contingent upon the annexation of four (4) additional developments (all five collectively defined therein as the "Southwest Infrastructure Developments"); and, the execution of recapture/recovery agreements to reimburse the Developer for improvements constructed by the Developer which benefitted property other than the Subject Property; and, WHEREAS, the Subject Property was never developed, nor any other area included in any one of the Southwest Infrastructure Developments and all of the parties in interest, or their 1 successors in interest, now desire to unwind any and all of the cross contingencies and obligations of the Southwest Infrastructure Developments; and, WHEREAS, the City desires to amend each of the annexation agreements as executed by each member of the Southwest Infrastructure Developments to remove all cross contingencies and obligations on the condition that all five owners of the Southwest Infrastructure Developments agree to such amendments. NOW, THEREFORE, in consideration of the foregoing mutual covenants, agreements and conditions herein set forth,the City and the Successor Owner agree as follows: Section 1. The Original Agreement is hereby repealed in its entirety and replaced with this First Amendment. Section 2. Zoning. The Subject Property has been classified in the R-2 Single Family Residence Zoning District in accordance with the United City of Yorkville Zoning Ordinance and the Successor Owner of the Subject Property shall have the right to develop the Subject Property pursuant to said Zoning Ordinance, the City's Subdivision Ordinance and all other ordinances applicable to R-2 Single Family Residence development, as in effect at the time of the development of the Subject Property. Portions of the Subject Property are presently being used for agricultural purposes and, notwithstanding any provision of the City Code now in effect or adopted during the Term (as hereinafter defined) of this First Amendment, and notwithstanding the City's zoning of the Subject Property, the current uses shall be permitted to continue as a legal non-conforming use. Section 3. Annexation to Sanitary District. On or before the development of the Subject Property, the Successor Owner hereby agrees to file any necessary petitions and agreements to request annexation thereof to the 2 Yorkville Bristol Sanitary District ("YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of YBSD. The City shall fully cooperate with the Successor 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, in order to permit the construction and connection of sanitary sewer lines to the YBSD facilities to serve the Subject Property. Section 4. Sanitary Sewer and Water Improvements. A. Successor Owner's Obligation. At its sole cost and expense, upon development of the Subject Property, the Successor Owner shall be obligated to construct all on-site sanitary sewer collection lines and all other on-site improvements as approved by the City for the collection of sanitary sewage generated by the Subject Property (the "Sewer Improvements") and all on-site water mains, distribution lines, and other improvements as approved by the City for the provision of potable water to the Subject Property (the "Water Improvements"), in accordance with the City Code. Should the City determine that a well and water treatment facility to be located on the Subject Property or a water tower is required, such improvements shall be considered an off-site improvement to be performed by the City at the cost of the Successor Owner. In the event the City determines a need for off-site Sewer Improvements, such off-site Sewer Improvements shall be performed by the City at the cost of the Successor Owner. B. Dedication. Upon completion of construction or installation of the Sewer Improvements and Water Improvements, the Successor Owner shall dedicate to the City those portions of the Sewer Improvements and Water Improvements that are required to be dedicated in accordance with the City Code (the "Public Sewer and Water Improvements"). 3 Section S. Storm Water Improvements. A. Successor Owner's Obligation. Upon development of the Subject Property at its own cost, the Successor Owner shall be obligated to construct all storm sewers, detention systems, and compensatory storage facilities as approved by the City for storm water drainage from the Subject Property ("Storm Water Improvements") in accordance with the City Code. B. Dedication. Upon completion of construction, all Storm Water Improvements shall be owned and maintained by the Successor Owner. The Successor Owner shall dedicate a maintenance easement or easements to the City allowing the City to maintain the Storm Water Improvements. Section 6 Repeal of all Cross Contingencies and Cross Obligations of the Southwest Infrastructure Developments. The Successor Owner and City agree that the enforceability of this First Amendment is contingent upon the approval, execution and recordation of amendments to the original annexation agreements for each of the other members of the Southwest Infrastructure Developments, namely: Chally Farm, Aspen Ridge, Yorkwood Estates and Evergreen Farm. Upon approval, execution and recordation of this First Amendment and amendments to all of the annexation agreements for each of the Southwest Infrastructure Developments, the Original Agreement shall be repealed and deemed to be null and void. Section 7. Security Instruments. As required by City Code, the Owner Successor shall deposit, or cause to be deposited with the City such letters of credit or surety bonds ("Security Instruments") on the standard forms of the City, to guarantee completion and maintenance of improvements (as defined in the City's Subdivision Control Ordinance) to be constructed as a part of the development of the Subject Property. The Successor Owner may use either irrevocable letters of credit or surety benefits for its Security Instruments, as permitted by City 4 ordinance. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time of development of the Subject Property. Section 8. City Ordinances. The Successor Owner agrees that the future development of the Subject Property shall be in accordance with the requirements of all applicable city ordinances as in effect as of the date all required development approvals are issued by the City, including but not limited to the following: a) Procedures for acceptance of public improvements constructed as a part of the development of all or a portion of the Subject Property; b) Signage; c) Appearance code; d) Permits; e) Fees, charges and contributions; f) School and park contributions with land or cash in lieu of land; and, g) Building codes. Section 9. Remedies. Without limiting any of the remedies otherwise available at law or in equity to the Successor Owner or the City as a result of the breach of this First Amendment, the parties agree as follows: A. This First Amendment shall be enforceable in any court of competent jurisdiction in the State of Illinois by the parties and their successors and assigns. Enforcement may be sought by an appropriate action at law or in equity to secure performance of the covenants, 5 agreements, conditions and obligations contained herein, including specific performance of this First Amendment. This First Amendment shall be governed by the laws of the State of Illinois. B. No action taken by any party pursuant to the provisions of this or any other section of this First Amendment shall constitute an election of remedies, and all remedies set forth in this First Amendment, as well as any remedies at law or in equity, shall be cumulative and shall not exclude any other remedy. C. Unless otherwise expressly provided herein, in the event of a material breach of this First Amendment, the parties agree that the defaulting party shall have thirty (30) days after written notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein. If such breach cannot be corrected within thirty (30) days, the non-breaching party shall not seek to exercise any remedy provided for herein as long as the defaulting party has initiated the cure of said breach and is diligently prosecuting the cure of said breach. D. In the event the performance of any covenant to be performed hereunder by any party is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation of, suspension of, or inability to secure any necessary governmental permit or license; or/and any similar cause), the time for such performance shall be extended by the amount of time of such delay. E. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's 6 right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. Section 10. Partial Invalidity of Agreement. This First Amendment is entered into pursuant to the provisions of the Illinois Municipal Code, Section 11-15.1-1 et seq. (65 ILCS 5111-15.1-1 et seq.). If any provision of this First Amendment or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Amendment and, to that end, any terms, conditions and provisions of this First Amendment are declared to be severable. In addition, the City and Successor Owner shall take all action necessary or required to fulfill the intent of this First Amendment as to the development of the Subject Property. Section 11. Notices. All notices shall be in writing and .shall be delivered personally or by a nationally recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return receipt requested,postage prepaid, at the following addresses: Successor/Owner Justine Brummel 12565 Fox Road Yorkville, Illinois 60560 With a copy to Kelly A. Helland I I 07 South Bridge Street Yorkville, Illinois 60560 To the City United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 7 With a copy to Kathleen Field Orr, City Attorney Kathleen Field Orr&Associates 53 West Jackson Blvd. Suite 964 Chicago, Illinois 60604 Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be deemed to have occurred upon such rejection. Section 12. General Provisions. A. Entire Agreement. This First Amendment 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 First Amendment 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. B. Amendment. This First Amendment may be amended from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and the laws of the State of Illinois in force from time to time. The City and the then owner of record of any portion of the Subject Property, even if not the Successor Owner named herein, may agree (only in writing) to amend or modify this First Amendment as to such portion(s) of the Subject Property without the consent of the owner(s) of other portion(s) of the Subject Property, so long as such amendment or modification does not alter the rights, obligations or remedies provided in this First Amendment for any owner or any other portion of the Subject Property which is owned by such owner of record. 8 C. No Third Party Beneficiaries. No provision of this First Amendment is intended to benefit, nor shall any provision of this First Amendment benefit, any party, individual or entity other than a party to this First Amendment or its respective successor or assign. D. Effective Date. The date on which this First Amendment becomes effective (the Effective Date") shall be the date on which it has been approved and executed by all parties hereto. E. Term of First Amendment. This First Amendment shall be effective from its Effective Date and terminate as of August 7, 2026, being the termination date of the Original Agreement (the "Term); provided, however, that if any action is filed or any claim is made challenging the legality, validity or enforceability of this First Amendment, the period during which such action or claim is pending or unresolved shall not be included as part of the Term of this First Amendment. F. Counterparts. This First Amendment 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. Section 13. Successors and Assigns. A. This First Amendment shall inure to the benefit of and be binding upon the Successor Owner and its successor(s) in title and interest, and upon the City, and any successor municipalities of the City. It is specifically agreed that the Successor Owner shall have the right to sell, transfer, lease, and assign all or any part of the Subject Property to other persons, firms, partnerships, corporations, or other entities for building or development purposes (as well as for occupancy) and that such persons, firms, partnerships, corporations, or other entities shall be 9 entitled to the same rights and have the same obligations as the Successor Owner has under this First Amendment. B. It is understood and agreed that this First Amendment constitutes a covenant running with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the Successor Owner and the City. C. Nothing contained in this First Amendment shall be construed to restrict or limit the right of the Successor Owner to sell or convey all or any portion of the Subject Property, whether improved or unimproved. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois Municipal Corporation By: Mayo Attest: i City Clerk Justine Brummel By: 10 Legal Description of Subiect Property THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILWAY COMPANY, WHICH POINT, PREVIOUSLY MONUMENTED BY A CONCRETE MONUMENT, IS REPORTED TO BE 50.54 FEET SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID RIGHT OF WAY FROM THE INTERSECTION OF SAID RIGHT OF WAY LINE AND NORTH LINE OF SECTION 6; THENCE SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD, 1437.98 FEET; THENCE SOUTH O1 DEGREES 28 MINUTES 38 SECONDS EAST, 406.94 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST, 1326.82 FEET; THENCE SOUTH 24 DEGREES 50 MINUTES 33 SECONDS EAST, 1405.93 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 51 SECONDS EAST 1556.19 FEET; THENCE NORTH 14 DEGREES 05 MINUTES 45 SECONDS WEST, 393.10 FEET; THENCE NORTH 77 DEGREES 27 MINUTES 51 SECONDS EAST, 11.20 FEET; THENCE NORTH 12 DEGREES 35 MINUTES 59 SECONDS WEST 2406.69 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 62 DEGREES 58 MINUTES 18 SECOND WEST ALONG SAID CENTER LINE 581.48 FEET; THENCE NORTH 21 DEGREES 46 MINUTES 09 SECONDS WEST 784.86 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART IN FOX GLEN, BEING THAT PART OF THE FOREGOING NORTH OF THE CENTER LINE OF FOX ROAD), IN KENDALL TOWNSHIP, AND ALSO, (EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE CENTER LINE OF FOX ROAD AT THE SOUTHWEST CORNER OF A SUBDIVISION KNOWN AS "FOX GLEN, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS;" THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST ALONG THE WEST LINE OF LOT 19 IN SAID SUBDIVISION EXTENDED, 35.57 FEET; THENCE NORTH 64 DEGREES 40 MINUTES 50 SECONDS EAST 217.38 FEET; THENCE NORTH 18 DEGREES 20 MINUTES 7 SECONDS WEST 708.61 FEET; THENCE NORTH 18 DEGREES 46 MINUTES 5 SECONDS EAST 138.95 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FOX ROAD; THENCE NORTH 25 DEGREES 41 MINUTES 24 SECOND WEST 35.0 FEET TO SAID CENTER LINE; THENCE SOUTH 64 DEGREES 18 MINUTES 36 SECONDS WEST ALONG SAID CENTER LINE, 400.0 FEET TO THE POINT OF BEGINNING), IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Permanent Index No.: 05-06-100-008 10-15-4: ELIMINATION OF NONCONFORMING BUILDINGS, STRUCTURES AND USES: The period of time during which the following nonconforming uses, buildings, or structures may continue or remain nonconforming shall be limited from March 28, 1974, or when any use, building or structure is rendered nonconforming by a subsequent amendment to this title. Every such nonconforming use, building or structure shall be completely eliminated or removed from the premises at the expiration of the period of time specified below: A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed after two (2) years. B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays in any business district shall be removed after two (2) years. C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after five (5) years. D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years. E. In all residence districts uses permitted only in the B-2 and B-3 districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule: TABLE 10.15.01 AMORTIZATION PERIODS Description Of Use Amortization Period Uses permitted in the B-2 and B-3 districts 15 years Uses permitted only in the manufacturing districts 15 years Page 1of 2Sterling Codifiers, Inc. 2/24/2016http://www.sterlingcodifiers.com/codebook/printnow.php F. Requests for extensions to the elimination period may be sought before the city council. In no case shall an extension be granted for a period longer than two (2) years. (Ord. 2014- 73, 11-25-2014) Page 2of 2Sterling Codifiers, Inc. 2/24/2016http://www.sterlingcodifiers.com/codebook/printnow.php PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2016-05 NOTICE IS HEREWITH GIVEN THAT BBB Farms LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning approval from R-2, Single-Family Traditional Residence District to A-1, Agricultural District. The real property is located on Fox Road, between Pavilion Road and Ford Drive in Yorkville, Illinois. The legal description is as follows: THAT PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILWAY COMPANY, WHICH POINT, PREVIOUSLY MONUMENTED BY A CONCRETE MONUMENT, IS REPORTED TO BE 50.54 FEET, SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID RIGHT OF WAY FROM THE INTERSECTION OF SAID RIGHT OF WAY LINE AND THE NORTH LINE OF SAID SECTION 6; THENCE SOUTH 61 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID RAILROAD, 1,437.98 FEET; THENCE SOUTH 01 DEGREES 28 MINUTES 38 SECONDS EAST, 406.94 FEET; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST, 1,326.82 FEET; THENCE SOUTH 24 DEGREES 50 MINUTES 33 SECONDS EAST, 1,405.93 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 51 SECONDS EAST, 1,556.19 FEET; THENCE NORTH 14 DEGREES 05 MINUTES 45 SECONDS WEST, 393.10 FEET; THENCE NORTH 77 DEGREES 27 MINUTES 51 SECONDS EAST, 11.20 FEET; THENCE NORTH 12 DEGREES 35 MINUTES 59 SECONDS WEST 2,406.69 FEET TO THE CENTER LINE OF FOX ROAD; THENCE SOUTH 62 DEGREES 58 MINUTES 18 SECONDS WEST, ALONG SAID CENTER LINE, 581.48 FEET; THENCE NORTH 21 DEGREES 46 MINUTES 09 SECONDS WEST, 784.86 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART IN FOX GLEN, BEING THAT PART OF THE FOREGOING NORTH OF THE CENTER LINE OF FOX ROAD, AND EXCEPT THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER LINE OF FOX ROAD AT THE SOUTHWEST CORNER OF A SUBDIVISION KNOWN AS "FOX GLEN, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS; THENCE SOUTH 25 DEGREES 19 MINUTES 10 SECONDS EAST ALONG THE WEST LINE OF LOT 19 IN SAID SUBDIVISION EXTENDED, 835.57 FEET; THENCE NORTH 64 DEGREES 40 MINUTES 50 SECONDS EAST 217.38 FEET; THENCE NORTH 18 DEGREES 20 MINUTES 07 SECONDS WEST 708.61 FEET; THENCE NORTH 18 DEGREES 46 MINUTES 05 SECONDS EAST 138.95 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FOX ROAD; THENCE NORTH 25 DEGREES 41 MINUTES 24 SECONDS WEST 35.00 FEET TO SAID CENTER LINE; THENCE SOUTH 64 DEGREES 18 MINUTES 36 SECONDS WEST ALONG SAID CENTER LINE, 400.00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. The application materials for the proposed Rezoning are on file with the City Clerk. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, April 13, 2016 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk