Loading...
Economic Development Packet 02-17-05 ,.,�o ciT. United City of Yorkville .n County Seat of Kendall County "`' 800 Game Farm Road iv EST. s '1636' Yorkville, Illinois, 60560 ,� Telephone: 630-553-4350 O� C Fax: 630-553-7575 Cwny SeR �°°`°"" �� Website: www.yorkville.il.us AGENDA ECONOMIC DEVELOPMENT COMMIT LEE MEETING Thursday, February 17, 2005 7:00 p.m. City Hall Conference Room Presentation: Kendall County EDC Tax Abatement Program by Lynn Dubajic 1. Approval/Correction of Minutes: None 2. PC 2004-33 Silver Fox — Annexation & Zoning and Preliminary Plan 3. PC 2005-03 Aspen Ridge Estates — Annexation & Zoning 4. PC 2005-04 Lincoln Prairie Yorkville — Annexation & Zoning 5. PC 2005-05 Landscape Depot — Annexation & Zoning 6. Bristol Kendall Fire Department Request for Fee Consideration for Permits/Reviews for Building Their New Station 7. Intergovernmental Agreement between Kendall County and the City for County Road Fee (Please bring the Kendall County 2005-2030 Transportation Improvement Plan from your January 20, 2005 EDC packet.) 8. Draft Ordinance Amending Title 10 of the United City of Yorkville City Zoning Code (Building Height) 9. Building Permit Reports for January 2005 10. Additional Business KENDALL COUNTY ECONOMIC DEVELOPMENT PROGRAM Tax Abatement Program Kendall County offers a pre-negotiated, three-year property tax abatement to qualifying companies. Eligible companies can receive an abatement of up to 75% during the first fully assessed tax year, 50% the second year and 25% the third year to start a new project or expand an existing business. Kendall County also offers a four and five-year property tax abatement at 50% each year to qualifying high impact companies. After an application is received, each taxing district votes to approve or deny the abatement. Districts act individually allowing some to proceed with the abatement even if others deny the request. Requirements for the tax abatement programs include: 1. The development must have an assessed valuation of$500,000 or greater. 2. Applications will be evaluated and scored on job creation, wage rates, real estate taxes generated and other economic indicators. 3. The eligible company must meet wage requirements and hire at least 50% of workers from taxing districts that grant the abatement. 4. The company must sign all documents prior to closing. Upper Illinois River Valley Development Authority (UIRVDA) UIRVDA issues ten to thirty year tax-exempt Industrial Revenue Bonds to manufacturing companies to finance the acquisition of assets or to construct new or renovate existing facilities. Interest rates can be either fixed or variable and are generally 2-3% below prevailing rates. No fixed minimum jobs creation or capital investment requirements apply, and the Industry Revenue Bonds can finance up to 100% of eligible project costs. Eligibility requirements and fees apply. UIRVDA issues ten to thirty years Taxable Revenue Bonds to any commercial, industrial, transportation, or recreational project that is not eligible for tax-exempt financing. Proceeds from the bonds can be used to purchase land, buildings, and equipment or the construct new or renovated existing facilities. Interest rates may be fixed or variable and are generally 1-1.5% below prevailing rates. No fixed minimum job creation or capital investment requirements apply, and the Taxable Revenue Bonds can finance up to 100% of eligible project costs. Fees apply. • For additional info' on Kendall ( )Liii Ly Li t IC�OL'nt and b11,111C,a„i,iauc'Pi ugram'_contact the Ken laII ( Dunk ldmini;trator at 0;()55',.4142 r Kendall County Application for Tax Abatement This application is an official part of the Tax Abatement process. Incomplete or inaccurate information may be cause for rejection of the application. It also is a representation that the applicant intends to implement the representations made in the application. Failure to implement these representations or to continue them during the term of any Tax Abatement that is offered will be sufficient basis for termination of the Abatement Agreement and repayment of any taxes that have been abated. KENDALL COUNTY ECONOMIC DEVELOMENT PROGRAM III W.FOX STREET YORKVILLE, IL 60560 630.553.4142 FAX: 630.553.4214 E-Mail ,. 1 Kendall County Application for Tax Abatement Name of Company: Corporate Address: Company Contact Person: Address: Phone: Fax: Proposed Location in Kendall County: PIN#: Which taxing bodies service this location? Proposed start of Construction: Proposed start up of Operations: What product(s) or services will be produced in the proposed facility? KENDALL COUNTY ECONOMIC DEVELOMENT PROGRAM 111 W.FOX STREET YORKVILLE, IL 60560 630.553.4142 FAX: 630.553.4214 E-Mail !. I 2 EMPLOYMENT What specific jobs will be created? If stepped employment is planned please provide details. Use additional pages if necessary. Job Title Mgt.,Supv. Occupational Number of Jobs Wages/Salaries Number employed or Code from within Worker boundaries of taxing bodies Initial Within Starting Maximum One year Not inc. benefits Explanation and details of work force. KENDALL COUNTY ECONOMIC DEVELOMENT PROGRAM I 1 l W.FOX STREET YORKVILLE, IL 60560 630.553.4142 FAX: 630.553.4214 E-Mail [ 3 EMPLOYEE BENEFITS Please summarize benefits below and attach copies of insurance and pension plans. Fringe Benefit Type of Benefit Company Employee Portion(Annual %) Portion (Annual %) Medical Insurance Dental Insurance Vision Insurance Pension Plan Defined Benefit 401(K) Disability Life Insurance Other Benefits (please specify) KENDALL COUNTY ECONOMIC DEVELOMENT PROGRAM 111 W.FOX STREET YORKVILLE, IL 60560 630.553.4142 FAX: 630.553.4214 E-Mail 4 VALUATION ANALYSIS Assessed valuation shall be judged on the basis of impact upon the public services, which will be required (i.e., if judged that impact upon schools, roads, law enforcement, etc., will be great but assessed valuation will be low, a low rating will be assigned.) Land size Building size Building height Type of Construction Capacity(if relevant eg.wattage,barrels per day) Provide a construction budget that shows the allocation of cost for each phase of the process. Is the property one of the following: New facility Expansion of an existing facility Previously closed facility The current assessed valuation of the property: Land Improvements Total What is the estimated cost of the completed facilities? Cost of land and site development $ Cost of buildings $ Cost of permanent fixed equipment $ Cost of pollution control devices $ Cost of non-fixed equipment $ Cost of installation/construction $ Total Cost $ 5 IMPACT UPON SERVICES What new or additional utilities and/or infrastructure will be needed? (Roads,natural gas, rail spurs, etc.) How will they be funded? Is the proposed facility close to or within a municipality or is it in a designated industrial Park? IMPACT UPON THE ENVIRONMENT A. Will there be any pollution of air, water, soil, sound, etc.?If so,please describe? B. Will hazardous chemicals, products, or waste be used or produced? If so, please specify and indicate how they will be managed. If an E.P.A.permit is necessary,please attach the permit, or if not yet received, attach a copy of the application. C. Will any waives or exceptions from either Federal or State E.P.A. be needed? If so,please specify and attach any E.P.A.phase reports. D. Are you familiar with Kendall County and other local performance standards? (Refer to Kendall County zoning ordinance and any applicable municipal code.) Will the proposed facility meet or exceed these standards? Please explain. KENDALL COUNTY ECONOMIC DEVELOMENT PROGRAM 111 W.FOX STREET YORKVILLE, IL 60560 630.553.4142 FAX: 630.553.4214 E-Mail ifti ;i.if tip 6 APPROPRIATE LOCATION What is the legal description of the proposed facility? Which planning and zoning authority(municipality or county)has jurisdiction of this site? What is the current zoning? If not currently zoned for the intended use,what is the planned use in the Comprehensive plan? Please attach a site plan and a sketch or artists conception of the building(s), landscape plans etc. I, , certify that I am an official of the applicant business with authority to make application for a property tax abatement, that I have read this application and that the application and any attachments hereto are true and correct. I further understand that inaccurate information or misrepresentations may be cause for rejection of the application: I further understand that failure to implement these representations will be sufficient basis for termination of the abatement agreement and repayment of any taxes, which have been abated. Signature Date Title KENDALL COUNTY ECONOMIC DEVELOMENT PROGRAM 111 W.FOX STREET YORKVILLE, IL 60560 630.553.4142 FAX: 630.553.4214 E-Mail h 7 Kendall County Property Tax Abatement EvaluationGude Company Name: Date: Taxing District: Points Assigned ECONOMIC IMPACT 1. Total Jobs Created and/or Retained(1 to 3 years) Under 25 1 25-49 2 50-99 3 100-199 4 200-over 5 2. Total Payroll Under$1,000,000 8 $1,000,000— $2,499,999 11 82,500,000 - $4,999,999 14 85,000,000 - $9,999,999 17 $10,000,000 and over 20 STRATEGIC IMPACT 3. Type of Business/Industry Warehousing 2 Professional/Office 3 Manufacturing 4 Targeted Industries/Headquarters 5 (Add one point for unincorporated areas+1) 4. Total Investment in new machinery and equipment purchased from local Kendall County businesses (Subject to Kendall County Sales Tax) Under$250,000 3 $250,000 - $499,999 6 $500,000 - 8999,999 9 $1,000,000 - $1,999,999 12 $2,000,000 and over 15 r e 5. Average Employee Salary Under$25,000 3 $25,000 - $29,000 6 $30,000 - $39,000 9 $40,000 - $49,999 12 $50,000 and over 15 6. Benefits No benefits 0 50%paid by employer 2 75%paid by employer 3 90%paid by employer 4 100%paid by employer 5 FISCAL IMPACT 7. Total new property tax generated (Annually) $30,000 - $99,000 14 $100,000 - S199,000 18 $200,000— $299,999 22 S300,000 - S499,000 26 S500,000 and over 30 Points Received Eligible Abatement 45-64 3 yr. (75/50/25%) 65-79 4 yr. (50% each year) 80-95 5 yr. (50% each year) Total Points: pts Recommended Abatement: AGREEMENT FOR (Name of Business) ABATEMENT OF REAL PROPERTY TAXES THIS AGREEMENT, entered into by and between(Name),hereinafter referred to as the "Applicant", and the applicable Kendall County taxing bodies (listed in Exhibit A) hereinafter collectively referred to as the "Taxing Bodies," individually referred to as the "Taxing Body"; WHEREAS, the Taxing Bodies have the power to abate real property taxes pursuant to Section 200/18-165 of the Illinois Property Tax Code, as amended (35 ILCS 200/18-165); and WHEREAS, the Taxing Bodies may enter into intergovernmental cooperation agreements pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and WHEREAS, the Taxing Bodies believe that it is in the best interest of each, their residents and taxpayers to attract new and diverse commercial and industrial businesses within their boundaries in order to stimulate growth and increase the assessed valuation within their boundaries; and WHEREAS, the Applicant intends to locate their business on property more fully described in Exhibit B, legal description and common address, attached hereto and incorporated herein by reference; and WHEREAS, the Applicant intends to conduct business and(produce, distribute, etc?); WHEREAS the Applicant agrees and shall be responsible for ensuring the compliance of tenants, contractors, sub-contractors, constructing or using the property and structures thereon, with the terms of this agreement. NOW, THEREFORE, in consideration of the promises each to the other made, as hereinafter set forth and other good and valuable consideration, IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties as follows: I. AGREEMENT TO GRANT REAL PROPERTY TAX ABATEMENT The Taxing Bodies agree to provide real property tax abatements to commercial and industrial firms in accordance with Section 200/18-165 of the Illinois Property Tax Code, and in accordance with the terms of this Agreement. Page 1 of 2 II. TERMS OF THE AGREEMENT A. Definition: For the purposes of this Agreement: Real Property Taxes shall mean all taxes levied or extended upon the Property and any improvements to the Property, including the taxes now existing or which may in the future exist. Fully Assessed shall mean the Applicant has received an occupancy permit for the facility. Tax Year shall mean from January 1 through December 31 of a given year. B. Amount and Duration: The Applicant shall locate on the Property described in Exhibit A, attached hereto and incorporated herein by reference. The Taxing Bodies shall, pursuant to 35 ILCS 200/18-165 as it may be amended subsequent to the effective date of this Agreement, each take any and all action necessary to abate their portion of the Real Property Taxes for three consecutive tax years after the facility is fully assessed as follows: 1. Seventy-five (75)percent of the Real Property Taxes for the First Tax Year when the facility is fully assessed("First Tax Year") shall be abated. 2. Fifty(50)percent of the Real Property Taxes for the Second Tax Year when the facility is fully assessed("Second Tax Year") shall be abated. 3. Twenty-five (25)percent of the Real Property Taxes for the Third Tax Year when the facility is fully assessed("Third Tax Year") shall be abated. This Agreement becomes null and void if the facility fails to be "fully assessed" within three years of the date of this Agreement. C. Applicant Cooperation: On or before June 1 of each year, the Applicant agrees to provide the Kendall County Supervisor of Assessments with the original capitalized cost and year of construction of any and all assets/improvements in excess of$5,000 installed or added to the Property between January 1 and December 31 of the preceding tax abatement year. The original capitalized cost of any asset/improvement shall include installation costs, transportation costs, and any other costs associated with the asset/improvement so as to report the full-capitalized costs of the Property. The Kendall County Supervisor of Assessments shall be allowed to verify the information provided by the Applicant either through requested additional documentation or reasonable access to examine the asset/improvement registers maintained by the Applicant or by on site inspections. Should the Applicant fail to provide the information or access required, and should such failure continue for more than thirty(30) days after written notice, any Taxing Body may terminate this Agreement. Upon such termination, the Applicant agrees to and shall repay the terminating Taxing Body in full the amount of money equal to all the real Property taxes on the Property, which were previously abated by the Taxing Body pursuant to this agreement. Page 2 of 2 D. Tax Objections: The Applicant agrees to neither file an objection to the real property taxes levied by the Taxing Bodies nor tender payment under protest of the real property taxes on the Property for any year in which the Applicant is granted an abatement, except in the case of a typographical error. This paragraph shall permit the dismissal of any objections or protest made by the Applicant or its representative for any year in which abatement has been provided. E. Employees: The Applicant shall offer one-half of the initial jobs offered at the Property to qualified residents of the Taxing Bodies,provided that sufficient job applications are received from such residents. This includes initial jobs of any tenants, contractors or subcontractors for the years of the abatement. The Applicant shall maintain this level of employment of qualified residents from the Taxing Bodies during the years of abatement. The Applicant shall maintain the wage rates and fringe benefits for said employees pursuant to the figures provided by the Applicant in the Kendall County Tax Analysis and Application as set forth in Exhibit C, attached hereto and incorporated herein by reference. The Applicant shall provide the Taxing Bodies with documentation of compliance with employment, wage rate and fringe benefit requirements by sending the documentation to the Kendall County Supervisor of Assessments. Said documentation shall be provided three months after the facility is first fully assessed and on or before June 1 for each full tax abatement year. Should the Applicant fail to substantially meet the requirements set forth in Exhibit B, (1) for the number of employees who are residents of the Taxing Bodies, or (2) for the wage rates and/or fringe benefits, or(3) fail to provide the information and documentation as set forth above then the Taxing Bodies shall terminate the abatement from that time forward. F. Compliance with Applicable Laws: The Applicant shall not violate any environmental performance standard or environmental or building code, ordinance, rule, or regulation of the United States of America, the State of Illinois, the County of Kendall, or the Municipality. Should the Applicant receive notice of any such violation and fail to cure the violation within thirty (30) days of the notice, any Taxing Body has the right to terminate the tax abatements. Upon such termination, the Applicant agrees to and shall repay the terminating Taxing Body in full to an amount of money equal to all Real Property Taxes, which were previously abated by the Taxing Body pursuant to this agreement. G. Termination: Each Taxing Body may terminate their respective tax abatement pursuant to the terms of this Agreement by providing notice to the Applicant in writing or by written agreement of the respective Taxing Body and the Applicant. Page 3 of 3 III. BINDING PARTIES A. Guarantee of Authorization: Each of the parties signing this Agreement represents, warrants, and guarantees to all the other parties that: (1) they are authorized to execute this Agreement upon behalf of the party for whom they signed this instrument; (2) all action necessary, including, but not limited to corporate resolutions, ordinances and notices, to make this Agreement a lawful and binding agreement upon that party has been taken; (3) the performance of the transactions contemplated by the provisions of this Agreement, and the execution, issuance, delivery and performance of this Agreement to be executed and delivered by the Taxing Bodies and the Applicant have each been duly authorized by all necessary action on the part of each. B. Effective Date: This Agreement shall not be effective until all of the parties to this Agreement have in fact signed this Agreement and the effective date of this Agreement shall be the latest date that any one party actually signs and dates this Agreement. C. No Assignment or Transfer: The abatement is specifically granted to the Applicant and may not be assigned or transferred. In the event that the Applicant ceases operation or transfers title of the Property, the abatement shall immediately terminate. D. Early Closure of Applicant's Abated Facility The Applicant agrees that by signing this agreement they are agreeing to remain fully operational at the Kendall County property for a term of at least three full years beyond the termination of the third tax abatement year. Should the Applicant cease operation of their facility within three (3) years from the termination date of the abatement period, the Applicant shall and agrees to repay the total sum of all previously abated taxes. E. Successors of Taxing Bodies: This Agreement shall be binding upon the Taxing Bodies, their successors, and their assigns, notwithstanding the provisions of paragraph C. F. Communication Requirements: All notices, requests, demands, waivers and other communications shall be in writing and shall be considered duly given three days following dispatch when deposited in the mail, certified or registered mail, postage prepaid, properly addressed to the party entitled to receive such notices at the addresses as follows: Page 4 of 4 Exhibit Al COUNTY OF KENDALL John A. Church Chairman, County Board 111 W. Fox Street Yorkville, IL 60560 MUNICIPALITY Insert Address LIBRARY DISTRICT Insert Address SCHOOL DISTRICT Insert Address TOWNSHIP Insert Address TOWNSHIP ROAD AND BRIDGE Insert Address FIRE DISTRICT Insert Address JUNIOR COLLEGE Insert Address SANITARY DISTRICT Insert Address COMPANY NAME Insert Address Page 5 of 5 Each party may designate a new place or places, or a new person or persons, for notice purposes,by providing thirty days written notice to all other parties. G. Applicable Law: This Agreement shall be interpreted and enforced according to the statutes and case laws of the State of Illinois regardless of the later legal residence or domicile of any of the Taxing Bodies or the Applicant. Venue shall be the Circuit Court of the Sixteenth Judicial Circuit, Kendall County, Illinois. The parties hereto waive any claim or defense that such venue is not convenient or proper. H. Severability: If any clause in this Agreement is deemed to be void or unenforceable, such clause shall be severed and the remaining provisions in this Agreement shall remain in full force and effect. I. Entire Agreement/Amendment: This Agreement constitutes the entire agreement of the parties and any alterations, amendments, or other changes to this Agreement shall be in writing, signed by all Taxing Bodies and the Applicant. This Agreement may be executed in several counterparts, all of which shall constitute the Agreement. J. Captions and Paragraph Headings: Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it. Page 6 of 6 THE PARTIES TO THIS AGREEMENT by their signature acknowledges that they have read and understand this Agreement and intend to be bound by its terms. COUNTY OF KENDALL MUNICIPALITY BY: BY: Chairperson County Board Date Mayor Date ATTESTED: ATTESTED: County Clerk Date City Clerk Date TOWNSHIP SCHOOL DISTRICT BY: BY: Township Supervisor Date President,Board of Education Date ATTESTED: ATTESTED: Authorized Officer Date Secretary, Board of Education Date TOWNSHIP ROAD AND BRIDGE JUNIOR COLLEGE BY: BY: Road Commissioner Date President, Board of Education Date ATTESTED: ATTESTED: Authorized Officer Date Authorized Officer Date FIRE DISTRICT SANITARY DISTRICT BY: BY: Authorized Officer Date Authorized Officer Date ATTESTED: ATTESTED: Authorized Officer Date Authorized Officer Date LIBRARY DISTRICT COMPANY NAME BY: BY: Authorized Officer Date Authorized Officer Date ATTESTED: ATTESTED: Authorized Officer Date Authorized Officer Date Page 7 of 7 • Plan Council February 10, 2005 Members: Tony Graff, City Administrator Eric Dhuse, Director of Public Works Anna Kurtzman, Zoning Coordinator Laura Brown, Director of Parks and Rec Sgt. Ron Diederich, Police Department John Whitehouse, Engineering Enterprises Jeff Freeman, Engineering Enterprises Mike Schoppe, Schoppe Design Joe Wywrot, City Engineer Gary Williams, Building and Safety Guests: Pete Huinker, Smith Engineering David Schultz, Smith Engineering Attorney Greg Ingemunson Bruce Sperling, Midwest Development The meeting was adjourned at 9:40 am. The 2004 December 9th minutes were approved as presented. Silver Fox Preliminary Plan Mike Schoppe comments 1) Mr. Schoppe is recommending that the location of the park be moved to the SW corner because he feels it is too far from the middle to service the entire region, as he says the Evergreen Park will not be developed. The school site, the Matlock site which is a acre 46 parcel, 32- 35 acres belonging to the school district and approximately 11 acres belonging to the City, will be to the south of the park site. 2) Roadway in this area will be N to S,because of drainage corridor that runs to the same direction. Ms. Brown does not want the park south of the drainage area, but would prefer the park be adjacent to the corridor, so park expansion would not be a problem. 3) There will be 175 homes, so %2 the land cash would be 3-4 acre, per development standards. Benefit / service region is '/2 mile radius. There is 1/2 mile radius to Fox Road, and there is a larger regional park across Fox Road, so Mr. Graff is suggesting with Ms. Brown in agreement, a Tot Lot of 2 acres (minimum) in the north center area, with a possible cross bridge across the swale to the west. There would be a larger park to the south(school), Meadowbrook(park) to the east running to the Sunflower Park, the possibility of a Tot Lot in Evergreen. This number of parks would meet design standards. Smith will look at a new design for a park. 4) There will be a redevelopment in the conservation design, per Mr. Graff, and if the lots are smaller, the appearance of green in the track homes is more desirable, and easier to market for new families, especially if the school/park site is not developed relatively soon. 5) Our park design standards, if water is visible, is not a nuisance issue. 6) Mr. Graff stated to the developer that the City's goal is to stay at a density of 1.75 du/ac . 7) Per Mr. Schoppe,there needs to be a 50' buffer and a ROW of 35'. Fran Klaas is asking for an additional 15' ROW, which the developer is okay with. 8) This project will probably be the first one to be approved with the new South Comprehensive Plan, and Mr. Schoppe suggests that this would be a model for future areas. Design guidelines that can be illustrated and improved upon, if density is above 1.75 du/ac and is to be justified, can be architectural, more open space than outlined, improvement dollars, and assisting with school site acquisitions. 1 9) Mr. Schoppe stated there will be a road to the east and a road to the south of the school site and recommends a road stub in the southeast corner, to join with the school site. There could be driveways along this road. 10) A stub needs to be provided to the Willman Ford property, east of Silver Fox. 11) There are two ideas, in regards to the tree line along the east side. A road may be planned here, with a possible median with trees, down the center. Or green space along the tree line is also a possibility, and the ownership of the property need to be resolved. John Whitehouse comments 1) Mr. Graff stated that the City Council is concerned about the impact of the traffic along Rt. 47 and Fox and wants to know if there would be short term solutions to the additional traffic, connected via the roads to Fox River Bluffs, Evergreen Farms, Aspen Ridge and Charley Farms. Mr. Graff will contact Smith to do a regional traffic impact City Scope of Service study, to further determine what impact the $2000/per unit collected now has, and if more monies need to be collected. 2) There may be a possibility that, if the developers are willing to help with a scope of service road funding project (if is a very costly proposition),that the developers may be given a credit toward their $2000 fees. Mr. Whitehouse stated that the four subdivisions are worth$2.2 million in traffic impact fees. A possible solution, after the study, may be adding the bridge on Eldermain Road extension. Greenbrier Rd. could be determined as a route to Route 47, and be help commercially. 3) Mr. Whitehouse believes the tree line should be preserved, with trees in the rear yard, and the City needs to know where the drip lines are. 4) The school site will be pedestrian friendly, with approximately 30% coming from High Point and Rt. 71. An internal analysis (#12) should be done, to make road classifications, and what is coming through from Fox Road. He is not recommending a hybrid or minor collector coming off Fox Rd. —no load (no individual driveways). Internal designing may not be affected by minimizing driveways by intersecting streets and corner lots coming onto the side streets. 5) Mr. Schoppe will be putting a land plan together in 4-8 weeks for the Matlock area, and connecting roads will be easier to establish. This will include west of Rt. 47, and Pavilion to Fox Rd. 6) Evergreen Farm has a storm water basin in their corner, adjacent to the park in Lot E, that will discharge on its way to the wetland creek management area discharging. Mr. Whitehouse stated that Park E should be considered a potential storm water quality area. He would like to discharge some of this before it is released into the creek. The outfall is long and linear;the velocity is very high because of the drop in elevation, which is 120 feet. Storm water is better released in a developed and controlled environment than in an agricultural run off. 7) The release rate is to be determined. If the City can give reason to FEMA that there is a reason to open the culvert,then it could be a solution, but not at the expense of storm water improvements. Mr. Whitehouse would not increase the rate of discharge, but it is a problem because of the railroad culvert. Mr. Graff stated that the City is in favor of quality cleansing, but not at a higher rate. The options are: 1) maintain the current rate, as long as it is not higher than .1 CFS per acre, and open the culvert (not a detriment downstream) or 2)reduce the rate below .15 CFS per acre to increase storm water quality and lessen impact of the culvert in Fox Glen. 2 8) Conservation design is being suggested to City Council. Mr. Whitehouse said that number of lots is not the issue. Reduce to 12,000 sq. ft. and use less linear feet for increasing open space, more buffering, and reducing linear feet of water mains, roads and streets, so long term there is less linear feet per unit. 9) Mr. Sperling stated he is not comfortable with lots less than 12,000 sq. ft. and wants the architectural controls. Mr. Whitehouse suggested the developer may want to look at decreasing the size of lots from the average of 14,500 (closer to 12,000)to increase the amount of space available for storm water management, so additional buffering happens on the west side. 10) The developer will come to EDC on February 17th and speak on their Storm Water Regional Enhancement Program: 1) regional traffic; 2) regional planning for parks and schools; 3) conservation design, exploring lots at 12,000 sq. ft. addressing these issues on their preliminary plan. 11) Mr. Sperling stated that he wants to build customized homes, is willing to have fewer lots (maybe at 13,000 ft. ea) but may be considered for a recapture credit from other developers, because this project is the prototype for stotiii water quality management for the school property. 12) Mr. Graff suggested the developer could be considered for a credit in land cash for the loss of detention on the Matlock property. 13) Mr. Whitehouse stated if the trees were 6" or above, an inventory must be done if they are cut down. Preliminary plat must show all trees 6" or above for a PUD. 14) FPA has been filed, and the water comes from the south central zone, from Meadowbrook. Plans are to go through Meadowbrook,then Evergreen Farm, through Aspen Ridge, with a pump station along Fox River Bluff. 15) The National Resource Information report needs to be turned in. Anna Kurtzman comments 1) Lots 159 and 132 are triangle pieces and should be tested with house designs. Joe Wywrot comments 1) Two of the ponds are smaller and should be considered dry basins. 2) Mr. Wywrot and Mr. Dhuse prefer the round, not teardrop design, for snow removal. Eric Dhuse comments 1) At a T-intersection, the street light is preferred at the head of the T, as long as it does not interfere with the water main (on the sewer side) or as close to the corner as possible. Mr. Graff suggested that the developer obtain a historical street name from Jennifer in engineering. The traffic study will assist the developers to determine what is considered regional and if there will be credits on improvements. Mr. Sperling would like, at the earliest,to begin work at the site in the fall. The developer will be at EDC on February 17th. Respectfully submitted, Annette Williams 3 .ce,® ll.a United City of Yorkville Memo ° nP.Z '�` 800 Game Farm Road 1636 Yorkville, Illinois 60560 EST. Tp' ,� -----------------11---- Telephone: 630-553-4350 �9 ,..-J, 0 Fax: 630-553-7575 Kendal Canty �i GSE viva' Date: February 1, 2005 To: Administration Committee From: Tony Gra , Admirid'strato CC: Tim Fairfield, BKFD Asst. Chief, Mayor Prochaska& Dept. Heads Subject: Building Permit Fee Waiver Request by Bristol Kendall Fire Protection District I received a request by the Bristol Kendall Fire Protection District on January 21, 2005 asking for consideration of three (3) items. Here is the department heads response to their request for your consideration and review. #1. The Public Works Department is recommending metering the connection for the filling up of the water tanks, however,no charge for the water usage. The City needs to account for all water usage that is why the Water Department is requesting to meter the connection. #2. The request for parking in the front yard set back needs to have a follnal request to be filed for a variance. Bill Dettmer will assist the District with this request. #3. The third request is to reduce or eliminate any fees associated with building their new facility on Kennedy Road & McHugh Road. In the past the City has waived the city portion of the fee however, any out of pocket expense the District would have to pay. Also, the District would pay for the actual cost for the water meters. Any further questions regarding this summary please contact me. Attachment: BKDF Request Letter dated 1/21/2005 Bristol Kendall Fire Department 103 East Beaver Street C) • Yorkville, IL 60560-1704 Phone: 630 553-6186 Fax: 630 553-1482 January 21, 2005 Anton Graff, City Administrator 800 Game Farm Road Yorkville, IL 60560 Dear Mr. Graff; The Fire District would like an opinion on the following items from the United City of Yorkville. 1. In our current station on Beaver Street, the city allowed us to have a separate connection prior to the water meter for filling the water tanks on our vehicles. Will this be allowed in the proposed station 2? 2. We currently are showing 3 parking stalls in the front of our station, on the North side of the truck apron. These are intended to be used in case of somebody coming to the station in an emergency. This would allow them a place to park, instead of blocking the truck bay doors. Will this be allowed by the city? 3. Would the city consider eliminating or reducing any of the fees associated with building our station, for permits, reviews etc.? Thank you in advance for your consideration of the above mentioned items. If you have any questions please feel free to contact me. Sincer ly, Timothy Fairfield Assistant Chief CC: Chief Hitzemann • INTERGOVERNMENTAL AGREEMENT Between KENDALL COUNTY AND OF THIS AGREEMENT is made effective on the day of , 2005, between Kendall County, Illinois, hereafter referred to as "COUNTY", and the of , hereafter referred to as " ". WHEREAS, rapid growth and development is occurring within the geographical boundaries of Kendall County; and WHEREAS, said growth is expected to continue for the foreseeable future, as evidenced by the most recent NIPC estimate, which predicts a 2030 Kendall County population of approximately 180,000 people; and WHEREAS, both the COUNTY and recognize that mobility for the burgeoning population is critical for the health and welfare of its residents, stimulation and sustainability of commercial interests, creation of jobs, and the overall economic stability and vitality of the region; and WHEREAS, the COUNTY, being a county subject to the Property Tax Extension Limitation Law, must carefully and responsibly prioritize its investments in public safety, public health, transportation, etc. in an effort to most efficiently serve the needs of the people. In doing so, the COUNTY recognizes that it will be unable to financially address the growing transportation needs of the County Highway System, as evidenced by the 2005-2030 Transportation Improvement Plan, approved by the County Board on December 21, 2004; and WHEREAS, both the COUNTY and , in the spirit of intergovernmental cooperation, and pursuant to Article 7, Section 10 of the 1970 Constitution of the State of Illinois, and pursuant to 5 ILCS 220/1, being the Intergovernmental Cooperation Act, desire to work together to address the anticipated shortfall in funding necessary improvements to the County Highway System. Now,THEREFORE,in consideration of the mutual obligations contained herein, the COUNTY and agree as follows: 1. Through the prudent use of annexation agreements, will attempt to negotiate with the developers of land within the corporate limits of and within the geographical boundaries of Kendall County, Illinois, to cause payment of a transportation fee for the improvement of County Highways. Said fee would be in the amount of$1000 for each new residential unit, beginning in 2005, and would increase, to account for inflation, at the rate of$25 per year. No county transportation fee would be pursued for non-residential developments. 2. The COUNTY will continue to require the developers of land in Kendall County to make site-specific improvements for access, signalization or other appurtenances on County Highways that will be required as a direct result of said development. Site- specific improvements are not anticipated to affect the collection of the transportation fee,which is directed at the incremental impact of the development on the long-term capacity needs of the County Highway facility. However, may, at its discretion,negotiate or require the developer to construct a capacity improvement on the County Highway that is beyond the site-specific needs of the development. In so doing, may determine an appropriate reduction or elimination of the transportation fee. 3. The COUNTY acknowledges that, except as otherwise provided in the ordinances of and/or annexation agreements, is not obligated to cause the payment of money to the COUNTY. The COUNTY hereby requests that continues to so negotiate the collection of a transportation fee through the annexation agreement instrument. The COUNTY recognizes that may, at its sole discretion, amend its ordinances or annexation agreements or its practices to discontinue the payment of transportation fees to the COUNTY. 4. That since has adopted an ordinance or a resolution providing for contributions to the COUNTY by owners, subdividers, and developers of land desiring to annex to , the COUNTY agrees that in the event a lawsuit is filed against , the COUNTY and/or others by a developer that is subdividing property, or by any other person, corporation or entity that challenges the appropriateness, amount, timing(except for any timing delays due to 's failure to disburse monies in a reasonable time frame) or any other aspect of the transportation fee contemplated by this Agreement that has been paid or is due to the COUNTY pursuant to the terms of 's ordinances,resolutions, or annexation agreements, then the COUNTY agrees to pay any damages,judgments, amounts ordered to be refunded, and the costs and litigation expenses (including reasonable attorney's fees) incurred in defending such a lawsuit. As a result of the indemnification provided under this Agreement, the COUNTY shall name counsel and generally control the litigation. and the COUNTY agree that pursuant to this Agreement, the COUNTY is responsible for any liability which may attach to as a result of 's collection or distribution of transportation fees to the COUNTY. In that regard, the COUNTY agrees that it shall employ competent and skilled legal counsel to represent the COUNTY and , and further covenants and agrees that it shall keep MONTGOMERY fully advised as to the progress and status of the litigation. More specifically, the COUNTY shall provide copies of all pleadings filed in the litigation and shall consult regularly(and shall cause its attorneys to consult regularly)with or its attorneys,as applicable, as to the strategy for defending the lawsuit. In no event may any litigation be compromised or settled by the COUNTY without at least thirty(30) days' prior notice to . The COUNTY hereby authorizes its officers to sign any and all such further documents as are necessary to effectuate the terms and conditions of this agreement. 5. In the event that a final and non-appealable judicial determination is made by a court of competent jurisdiction that contributions of money received by the COUNTY are, in whole or in part, excessive, or otherwise unlawful or unenforceable, and either the COUNTY or is ordered to return or repay such amounts. The COUNTY or (if is still holding such funds) shall promptly repay said amount to the person who procures such judgment together with all other amounts judged by the court to be owing either from the COUNTY or 6. The COUNTY agrees that transportation fees collected by on behalf of the COUNTY, will only be used for capital improvements on County Highways that will benefit residents, either directly or indirectly, in the developments from which the fees were collected. Monies may also be used on joint state/county/municipal projects by mutual agreement if said project would have an immediate or long-term benefit to the area from which fees were collected. Prior to disbursement of any payments from to the COUNTY, the COUNTY shall provide written documentation of the purposes for which the payment shall be used. The Village shall have the right to refuse to disburse said funds unless the COUNTY confirms that said payment shall be utilized for capital improvements, as described herein, and will not be used for operational expenses. Although not binding on the parties hereto, the COUNTY acknowledges that 's stated preference is that all such highway improvements be within the boundaries of the of . On or before June 1 of each year, in the event the COUNTY has received payments from under this Agreement, then the COUNTY shall submit a report to describing the manner in which the payments have been used. If the COUNTY fails to file such a report with - , then may delay the payment of any additional funds due to the COUNTY until such time as a full report containing adequate information is transmitted to 7. This Agreement may be terminated by either party for any reason or no reason at all upon thirty (30) days' prior written notice to the other evidencing the intention to so terminate this Agreement. The termination of this Agreement shall not affect the continuing obligation of the COUNTY to with regard to claims or damages allegedly arising out of 's efforts prior to termination, or to 's obligation to distribute or the actual distribution of transportation fees collected prior to the date of termination. FOR THE COUNTY FOR THE NAME John Church NAME TITLE County Board Chairman TITLE SIGNATURE SIGNATURE Subscribed and sworn to before me this Subscribed and sworn to before me this day of , 2005 day of , 2005 Paul Anderson,County Clerk Clerk ~o HJT United City of Yorkville . County Seat of Kendall County 800 Game Farm Road `'T. 11` --_ X836 Yorkville, Illinois, 60560 .� Telephone: 630-553-4350 ���' Fax: 630-553-7575 �1-,�\='—• • Website: www.yorkville.il.us <1-E \ti DEPARTMENT OF BUILDING SAFETY & ZONING MEMORANDUM DATE: February 3, 2005 TO: Tony Graff, City Administrator for Art Prochaska, Mayor & City Council FRO11: William A. Dettmer, Code Official �'ti: Anna B. Kurtzman, Zoning Coordinator SUBJECT: Request to Schedule Public hearing We are requesting that a public hearing be scheduled before the City Council to consider a text amendment to Title 10 of the Zoning Code to allow the maximum height of buildings be increased to 6 stories (130 feet) in certain zoning districts. DRAFT STATE OF ILLINOIS COUNTY OF KENDALL AN ORDINANCE AMENDING TITLE 10 OF THE UNITED CITY OF YORKVILLE CITY CODE ORDINANCE NO. 2005- _ WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to increase the maximum height for buildings to be constructed in the United City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and the City Council, has determined that it is in the best interests of the community to amend Title 10 of the Yorkville City Code to change the allowable maximum building height to eighty feet (80'); NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE: Section 1. That Title 10, of the Yorkville City Code is hereby amended to permit the following: R-3 Zoning District 10-6E-6: Maximum Building Height: A. For single-family detached dwellings and permitted nonresidential buildings and structures, the same regulations shall apply as provided in the R-1 residence district. B. All other dwelling types, not more than six (6) stories or eighty feet (80'), whichever is lower. R-4 Zoning District 10-6F-6: Maximum Building Height: A. For all dwellings and permitted nonresidential buildings and structures permitted in the R-4 Residence District, the same regulations shall apply as provided in the R-3 Residence District. B. All other dwelling types, not more than six (6) stories or eighty feet (80'), whichever is lower. DRAFT O (Office) Zoning District 10-7A-6: Maximum Building Height: No building or structure shall be erected or altered to exceed a maximum height of eighty feet(80') or six (6) stories. B-1 (Limited Business) Zoning District 10-7B-6: Maximum Building Height: No building or structure shall be erected or altered to exceed a maximum height of eighty feet(80') or six(6) stories. B-2 (General Business) Zoning District 10-7C-6: Maximum Building Height: No building or structure shall be erected or altered to exceed a maximum height of eighty feet (80') or six (6) stories. B-3 (Service Business) Zoning District 10-7D-6: Maximum Building Height: No building or structure shall be erected or altered to exceed a maximum height of eighty feet(80') or six(6) stories. Section 2. That nothing in this ordinance shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance. Section 3. That the City Clerk shall certify to the adoption of this ordinance, and cause the same to be published as required by law. DRAFT Section 4. That this ordinance and the rules regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect, and be in full force and effect after its passage and approval by the Mayor and City Council, as required by law. IN WITNESS WHEREOF, this Ordinance has been enacted this 8th day of February, 2005. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 8th day of February, A.D. 2005. Arthur F. Prochaska, Jr. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this 8th day of February, A.D. 2005. Attest: Jacquelyn Milschewski CITY CLERK BUILDING PERMIT REPORT United City of Yorkville January 2005 Tapes of Permits Number of Permits Issued Si!) 2-Family Multiple-Family Commercial Industrial Miscellaneous Total Construction Cost Januar'2005 47 25 0 (1 5 (1 17 $6,190,750.00 Calendar Year 2005 47 25 0 0 5 0 17 56,190,750.00 Fiscal Year 2004' 823 365 0 0 23 1 434 586,954,160.00 .January 2004 50 27 0 0 2 0 21 $5,730,481.00 Calendar Year 2004 50 27 0 0 2 0 21 $5,730,481.00 Fiscal Year 2003' 729 291 12 7 28 0 391 574,279,808.00 January 2003 36 24 0 0 1 0 11 56,505,969.00 Calendar Year 2003 36 24 0 0 1 0 11 $6,505,969.00 Fiscal Year 2002' 601 213 4 2 30 1 3.51 $46,241,058.00 ,Januar} 2(1(12 34 15 2 0 5 0 12 $3,843,700.00 Calendar bear 2002 34 15 2 0 5 0 12 $3,843,700.00 Fiscal Year 2001 4 393 148 9 3 22 2 207 546,924,619.00 ,January 2001 16 8 0 1 0 0 7 $1,343,700 Calendar 1 ear 2001 16 8 0 I (1 0 7 $1,343,700 Fiscal bear 2000' 242 108 2 1 5 0 141 $21,712,062 1 Permit.A'umber 1-04-097 and 1'-04-098 were issued lar each side of a duplex-.only 1 structure way built. Permit A'[ sher 1-2003-324 was voided,Nuts only 894 01895 assigned permit numbers were actually issued. ± Permit A7unber 1-2002-0.34, 1_2002-467,and 1-2002-579 were voided,thus only 806 of 809 assigned permit numbers were actually issued;and the.SEED permit issued in ugn51 as 1-2002-579 was voided and reissued as 1-2002-691 in October. To maintain rt correct count,it shall remain on the.l ugust 2002 count. 1 Permit Stunber 01490 was voided,thus only 583 of 585 assi;;ned permit numbers were actually used. .Ilso,Permit.Aumbers 01249 and 01478,for 4 Illoched Si-Ds(Townhonaes) were reissued as Permits 01249,-1,B,C,and D,and 014781,B,C,and D, and Permit Aumber's 01385 and 01480,for 6Attached.VEDs,were reissued as Permits 01385,I,B,C,D,E,and I,and 01480:1,B,C,D,F,and I',respectively. ' Permit,N umbers-00262,00189,and 00122 were each for 6 lilac hed SI'Os;also permit number 1-00-101 tins voided,(hay only 318 of 319 assigned permit numbers were actually issued.