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Economic Development Packet 07-21-05 ,��� car y Jae ® United City of Yorkville 800 Game Farm Road EST.,'1 1636 Yorkville, Illinois 60560 4 co Telephone: 630-553-4350 11 s�ry `�0 Fax: 630-553-7575 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, July 21, 2005 7:00 p.m. City Hall Conference Room 1. Approval/Correction of Minutes: 1/20/05, 4/21/05, 5/19/05 and 6/16/05 2. PC 2005-28 Woodlands, Inc. — Annexation and Zoning 3. PC 2005-29 YBSD — Annexation and Zoning 4. PC 2005-22 Prestwick of Yorkville — Preliminary Plan 5. PC 2005-25 Westbury Village POD 6 — Final Plat 6. PC 2005-31 Peaceful Pathways Montessori — 1 1/2 Mile Review 7. PC 2005-30 Ocean Atlantic — Rosenwinkel Property— Annexation and Zoning 8. Fox Hill Economic Incentive Agreement 9. PC 2005-04 Lincoln Prairie Yorkville — Special Use Request 10. Northwest Comprehensive Plan Map Amendment 11. Population Projection and Residential Development Key 12. Proposal for Cost of Doing Feasibility Study for Downtown Redevelopment TIF District Process (Downtown Business Area) 13. Discussion of Future Incentive Programs to Attract Commercial / Industrial Business to Yorkville 14. Additional Business Page 1 of 6 UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE DRAFT YORKVILLE CITY HALL CONFERENCE ROOM THURSDAY, JANUARY 20, 2005 The meeting was called to order at 7 p.m. ATTENDANCE Committee Members: Aldermen Richard Sticka and Alderwomen Rose Spears and Valerie Burd. City Staff: Mayor Art Prochaska, City Administrator Tony Graff, and Code Official Bill Dettmer Others: Attorney Jason Poppen, Mary Block, Rich Guerard, Roger Brown, attorney Dan Kramer, attorney John Phillipchuck, Tim Winter, and attorney Chris Kopecky. 1. Minutes Minutes from November 18, 2004 and December 16, 2004 were approved. 2. PC 2004-35 Stewart Farms —Annexation and Zoning Attorney Jason Poppen representing Stewart Farms presented the petitioner's plan for annexation and zoning. Poppen said the Stewarts want to sell their property and are willing to work with their neighbors. The city's proposed comprehensive plan calls for single and multi-family housing in that area. The proposed city plan also calls for commercial zoning at the corner. However, Poppen said that zoning wouldn't work on the property because the soils aren't compatible and the neighboring property owners were against it. Poppen said the property owners are looking into creating an easement for the neighboring farm owned by the Block family to provide access along the southern boundary. Development plans for the property include a minimum of 12,000 square foot lots with the average lot size of 13,500 square feet. The developers are seeking straight R-2 zoning and aren't asking for any variances. Also buffers would be installed around portions of the property. Committee Chairman Richard Sticka said the Plan Commission was essential okay with the proposed plan. Most of the discussion at the Plan Commission meeting centered on the need to provide access to the Block property. Poppen said the developers are meeting with the Block family to work out the access issue and to install adequate fencing. Mary Block said she's not trying to be difficult, but it's important that she has access to her property and also adequate fencing needs to be installed as a safety issue. She said she wants the same sort of fencing and buffering installed on this property that the developers of Raintree Village have agreed to. Page 2 of 6 Sticka urged the developers to work with the Block family. He said when residents want to keep their agricultural businesses alive; the city wants to make sure they're content. He suggested the rezoning matter be forwarded to the Committee of the Whole as long as the developers continue to work with the Block family. 3. Request by Property Owners at Eldamain and Galena for Comprehensive Plan Revision Attorney Dan Kramer said there's a group of four families who own roughly 900 acres of property along Eldamain Road who are asking for an amendment to the comprehensive plan. People interested in industrial uses have approached the property owners on that property which the comprehensive plan has tabbed as residential. Kramer said he'd like the property to be zoned a combination of office, manufacturing and residential. Sticka said the city has an agreement with the city of Plano to have zoning on that property similar to what Plano's zoning is. Committee member Rose Spears said she feels that the property owners have owned the land for generations and that the city should consider their request. Mayor Art Prochaska said the big issue is how the request fits into the city's plan and also he said the city needs to protect that corridor, which is an entry to the city. Sticka agreed and said he doesn't think the city should change the comprehensive plan without meeting with Plano first. Committee member Valerie Burd suggested the issue go to the C.O.W. 4. PC 2004-18 Wynstone Townhome Development Concept and Preliminary Plan Rich Guerard said the proposed development is located at the southeast corner of Route 47 and 71 and changes have been made since the plan was first presented. For one, he said plans now complete the connection to the north and south; it isn't just a stub anymore. Also, Guerard said the detention area was square in the previous plan and now it is an irregular shape to allow for more flexibility. And, a berm would be built in the back to make it a more natural detention area. Meanwhile, he said a neighboring resident has concerns she won't be able to get out of her driveway if Walnut Road is extended and used as the main access. But, he added the developers need to continue the road and the resident would still have 58 to 75 feet in front of her house. Guerard added the developers would replace the driveway and put in landscaping. Page 3 of 6 Kendall County's road commissioner suggested the developers use the exit and an emergency access only. If St. Joseph Way can be used as the main access, then Walnut could be used as an emergency access, he said. As for the development, Guerard said the developers are proposing the same type of buildings their currently building in Elgin. The buildings would be ranch units with side loading garages facing out. The building would have a residential look and there would be various elevations on the units. Mayor Prochaska said he'd like to see the access issue resolved before the plan proceeds any further. 5. PC 2004-24 Caledonia Final Plat Roger Brown from Inland said the final plat for PC 2004-24 features 206 single-family homes on 85 acres. The lot sizes are an average of 12,100 square feet with a minimum of 9,300 and a maximum of 24,970. The PUD was approved almost nine months ago. Brown said. The developers were working on some issues regarding Rob Roy Creek before the plans could be completely finalized. Back flow was a big issue, but he said everything is now under control and John Whitehouse from Engineering Enterprise, Inc., has given the developer the green light to move forward with plans. Spears expressed concern over the fact there are lots less than 12.000 square feet while the amount of green space is limited. However, Mayor Prochaska said the agreement with the city was that the developers could have four units per acre if the property went to residential. Also, he said the city received some forestland as parkland in the agreement. The committee agreed to move the final plat approval to the C.O.W. 6. PC 2001-06 Grande Reserve Unit 10 & 11 Preliminary/Final Plat Attorney John Phillipchuck said the Plan Commission gave its recommendation for approval. The committee also agreed to send the request to the C.O.W. 7. PC 2004-14 Swanson Lane Estates Preliminary/Final Plat Attorney Chris Kopecky said the property consists of 15-acres and would be divided into six lots. He said there would be a large conservation easement along the flood plain. Originally, he said lots 3 and 4 were one lot. The developers went ahead and subdivided it into two lots although it is unlikely the open lot would be sold and developed at this point, he said. Sticka said the plan is in conformance to what has previously been submitted. The committee agreed to send the request to the C.O.W. Page 4 of 6 8. PC 2004-32 River Oaks Development Rezoning Request Petitioners Melissa May and Cheryl Lee are seeking rezoning to allow for an office building. May said there are different types of zoning in the area already and she feels this would be a good fit. The design of the proposed building would fit in with the surroundings and as many trees as possible will be left standing in the area. Mayor Prochaska said the Plan Commission gave the plan its recommendation for approval subject to a development agreement. Prochaska added he's happy to see a plan come forth that fits in with the land so well. 9. PC 2004-31 Yorkville Commons PUD Request The petitioner requested to remove this item from the agenda. 10. PC 2004-06 Centex Homes Bristol Bay Annexation and Zoning The entire plan covers 624 acres with frontage on Route 47 and commercial property on Route 47. The two-acre farmstead would be maintained and a fire station has been added to the plan. Since the plan was first introduced, open space has been increased by eight acres and the density has been decreased from 3.43 units per acre to 3.36 units per acre. Also, a duplex component has been added to the area nearest to the commercial area. The duplexes would feature a first floor master bedroom and would be 2,000 to 2,200 square feet. Amenities would be aimed to meet the needs of empty nesters. City Administrator Tony Graff said the road to the development would connect with the Dixon piece, which connects to Cannonball Trail. Cannonball Trail will be a major county collector. Also, Graff said the school site for the property has changed to better fit what the School District wants. Meanwhile, Mid-America owns the commercial portion of the property and that company is trying to attract a big-box user. Sticka said the Plan Commission voted to unanimously to recommend approval for annexation and voted 7-2 to recommend the requested zoning. The committee agreed to bring the request to the C.O.W. 11. Intergovernmental Agreement between Kendall County and the City for County Road Fee Mayor Prochaska said the county is asking the city to request a fee of$1,000 from developers to go toward county road improvements. Legally, he said the city would have to look at the issue. He said he doesn't oppose the issue; it's a matter of how to implement such a project. Graff said at a meeting of mayors and managers in the county, it was agreed that such a program wouldn't be implemented unless all of the communities in the counties agree to it. Page 5 of 6 The committee decided to table the issue until more information is available. 12. Amendment to Building and Zoning Code Addressing Maximum Height and Building Materials Spears said she'd like for the information to be distributed to the committee this month and then for the issue to be tabled until next month so that the committee members have time to review it. The topic in general spurred an elevated discussion among committee members. A letter in the committee's packet from Mike Hitzemann, chief of the Bristol Kendall Fire Department, states that the fire department doesn't have a vehicle or equipment that could support an increase in height restrictions on buildings in the city. The letter states the city would have to rely on surrounding communities in an emergency event in a four, five or six story building. Upon meeting with the city's code official Bill Dettmer, the fire department agreed that the height restrictions could be increased from the current level of 35 feet provided a number of provisions were met. The letter outlines all of the provisions. Mayor Prochaska said the issue of increasing the height limits from three stories or 35 feet to four or more arose when a medical group approached the city about building a clinic. Sticka said that it's really important for seniors in the community to have medical services nearby and if the fire department says it can fight a fire in a taller building, then he believes it would be safe. Spears, however, said she wouldn't feel safe and that she doesn't believe without a ladder truck a fire could adequately be fought. Burd said she feels the committee chair pian and other officials are browbeating other into agreeing with their opinions. She said if the committee can sit down and rationally discuss the issue, they could all be on the same page. Spears said the city needs to research the matter by consulting with state experts and others on the topic before making any decisions. Spears suggested a specific consultant be contacted about speaking to the committee or even the C.O.W. She also provided some information garnered from other departments and officials regarding their codes. Dettmer said he believes the provisions outlined by the fire department are sufficient. He said an adequate fire suppression system in a building goes a long way to combating any potential fires and puts them out early. For instance, the recent fire in Chicago was in a building that didn't have a fire suppression system. Page 6 of 6 He said he met with the fire chief and the deputy chief and went over everything with them. They agreed to greater building heights if all of their provisions were added which include a fire suppression system. Dettmer added that he's dedicated his life to ensuring safety and he hasn't taken this assignment lightly. Mayor Prochaska suggested Dettmer look at the new information provided and incorporate any necessary information into the code. Meanwhile,he'd like to see the issue move forward. Burd suggested the matter move to the C.O.W. rather than keeping it in the Economic Development Committee. 13. Clarification of Balloon Sign Ordinance Graff said there have been some recent complaints about the balloon signs in the city and suggested the city's ordinance be reviewed. The current ordinance allows for balloon signs to be up for 72 hours and only for grand openings. Some businesses,however, have requested the balloons be up for three or four days or longer for special events as well as grand openings. Dettmer said placement of the balloons could be a safety issue. As long as the balloons are in a safe location, he said he doesn't' have a problem with balloons being up for 14 days. Sticka said 14 days seems reasonable. The committee agreed to move the issue of revising the ordinance to the C.O.W. 14. Population Projection Graff said he included a copy of the city's population projection. The numbers have been calculated on a per year basis through 2010 and longer. Graff said he wanted the committee to be aware of the numbers and said the figures will be used as a planning tool and marketing tool. 15. Building Permit Reports The committee agreed to send the revised August and September 2004 building reports as well as the October,November and December 2004 building reports to the C.O.W. Additional Business Mayor Prochaska said he's talked with a business owner about bringing one or more trolleys to the city for Christmas and possibly Halloween. The trolleys likely would run on weekends from the time of the Christmas walk through Christmas, he said. Burd said it sounds like a fascinating plan. The committee adjourned at 9:30 p.m. Minutes respectfully submitted by Dina Gipe UNITED CITY OF YORKVILLE DRAFT ECONOMIC DEVELOPMENT COMMITTEE YORKVILLE CITY HALL CONFERENCE ROOM THURSDAY, APRIL 21, 2005 The meeting was called to order at 7 p.m. ATTENDANCE COMMITTEE MEMBERS AND CITY STAFF:Aldermen Richard Sticka and Marty Munz; and Alderwomen Rose Spears and Valerie Burd; Mayor Art Prochaska; City Administrator Tony Graff; and City Planner Mike Schoppe. OTHERS: Anna Kurtzman, ICCI; Lynn Dubajic, YEDC; and Richard Young, Kimball Hill Homes. 1. Minutes Minutes from the March 17, 2005 meeting were approved with changes. 2. Schoppe Design Associates Agreement for Professional Services Mike Schoppe from Schoppe Design Associates attended the meeting to discuss the contract for his services as city planner for the coming year. The proposed new contract includes an increase in fees. The rate for the principal would increase from $123 to $135 per hour. Also, the rate for project management would increase to $110 per hour from $100. Alderwoman Valerie Burd wondered if the words "as requested" should be added to the services area found on Page 2 of the proposed contract since the city is planning some changes in staffing and may not use Schoppe Design Associates as often. Chairman Richard Sticka said that would be warranted. He added also would suggest 30 days instead of 90 days for the amount of notification needed to terminate the agreement. Thirty days seems reasonable, he said. Schoppe said the firm only does what the city asks it to do and only charges accordingly. The firm is not on a retainer. If the firm doesn't do anything for a month, the city isn't charged anything, he said. He suggested leaving the teimination clause as is because it doesn't cost the city anything. At the same time, it allows the city the flexibility to call on the firm as needed. As for attending meetings, Schoppe said he attends the ones that the city asks him to attend. If the city were to reduce its requirements, then the city wouldn't be charged, he said. Burd said that reducing the length of the termination notice wouldn't be necessary if the firm doesn't bill the city. Alderman Marty Munz commented that the 10 percent increase in rates seems excessive especially since the rates were raised a year ago. Schoppe, however, said that last year's increase was the first increase in three years. Regarding the terms in the contract, Schoppe suggested that the words "as requested"be added to the services provided section as Burd suggested. Schoppe said he would continue attending meetings until the city told him not to. By adding the new words, Schoppe said it gives the city the flexibility to operate as needed. Schoppe said the old contract was up April 13 and it is up to the city to decide the term of the new contract. The last contract was for one year. Alderwoman Rose Spears said she the new contract should be for a year as well. The committee agreed to bring a recommendation for approval to the Committee of the Whole. 3. PC 2005-10 Whispering Meadows Units 3 and 4 —Final Plats Richard Young with Kimball Hill Homes came to request final plat approval for Whispering Meadows. The property is located west of Route 47 just off of Cannonball Trail and near Faxson Road. Unit 4 has 151 units and Unit 3 has 106 lots. They are both in conformance with the preliminary plat approved last year. He said they actually took out four lots to make room for a clubhouse and pool facility. Two lots also were eliminated to provide a tot lot. Young also said that the school hasn't been sighted yet,but it likely will be near the eastern side of the property. Sticka said the Plan Commission recommended approval. Spears asked if the utilities would be buried. She said the city wants to ask all developers to bury utilities. Young said he's not sure what specifications are in the annexation agreement,but he said most of the utilities would be buried anyway. Sticka said any requirements for burying utilities would need to be added to the subdivision ordinance. Meanwhile, Mayor Art Prochaska said a few historical street names need to be in the subdivision and Young said that would be easy to do. The committee agreed to bring the request to the C.O.W. 4. Resource Conservation and Greenway Delineation Standards Young said this request directly relates to the Anderson property on Route 71, specifically for the southern portion of the property where there are substantial amounts of trees. He said they'd like to work to create a unique development to try to save a many tree stands as possible. The city staff had asked the developers to propose some sort of guidelines. The Resource Conservation and Greenway Delineation Standards has a section that deals specifically with woodlands. Young said he wants to get comments and recommendations from the committee to craft something that would be included as an attachment to the annexation agreement. Sticka said the document needs to be reviewed and would take a lot of staff study. However, he said everything in the document looks good. Meanwhile, he said recently toured the Anderson fami and said it's a fabulous place. He added that he doesn't think any one of the aldermen should make a decision about the property without first touring it. In fact, he said he wishes the forest preserve had the money to buy it. He said there hasn't been a piece of property up for development anything like this one. Young said the developer would like to try to save as many trees as possible. He said he'd like to put together an annexation agreement that means something. Sticka warned that lot sizes would be a sticking point with the City Council. He said he would urge the City Council to look at the area before making any decisions. Burd suggested that the City Council take a tour of the property. 5. Amendment to Parking Ordinance Zoning Coordinator Anna Kurtzman said some potential developers recently have asked for changes in the city's parking ordinance, which include a reduction in stall length for perpendicular parking and angle parking. The proposed amendment regarding off street parking would allow for parallel parking, 45 degree angle parking, 60 degree angle parking, and 90 degree angle parking. Sticka wondered if the dimensions would accommodate some of the larger vehicles on the roads these days. City Administrator Tony Graff said they should be okay. While the length might be changing, the width of the spaces wouldn't change at all. Graff said the in talking to some potential big box retailers, the current city parking ordinance doesn't meet the parking requirements those retailers have. When Jewel came, the city had to approve variances for parking to meet the retailer's requirements. Graff said City Attorney John Wyath said it makes more sense to amend the ordinance than to continue approving variances on a regular basis. The committee decided to forward the matter to the C.O.W. 6. Amendment to B-3 Zoning District Regarding Mini-Warehouse Storage Kurtzman said the proposed amendment would delete mini-warehouses from the B-3 Zoning District and make it a Special Use in the M-1 and M-2 Zoning Districts. As the zoning currently stands, Prochaska said the mini-warehouses are an allowable use and the city can't review it. With the proposed change, proposals for mini-warehouses would have to come to the City Council. Prochaska said he requested the change because he believes the city should have some say in where these businesses are located. The committee agreed to bring the matter to the C.O.W. 7. Additional Business Burd asked if the Appearance Code Ordinance should come before the EDC or go straight to the COW for approval. Prochaska said the proposed ordinance should come to the EDC first and then move to the COW. The meeting adjourned at 8 p.m. Minutes respectfully submitted by Dina Gipe Page 1 of 5 UNITED CITY OF ECONOMIC DEVELOPMENT COMMITTEE DRAFT YORKVILLE CITY HALL CONFERENCE ROOM THURSDAY, MAY 19, 2005 The meeting was called to order at 7 p.m. ATTENDANCE COMMITTEE MEMBERS AND CITY STAFF:Aldermen Marty Munns and Joe Besco; and Alderwoman Valerie Burd; Mayor Art Prochaska; City Attorney John Wyeth OTHERS: Lynn Dubajic, YEDC; Kelly Knierim, STK Development, LLC; Bob Pilmer, attorney; Robert Dearborn; Bill McCue, McCue Builders; Markin DeLahr, Aspen Ridge LLC; David Meek, attorney; Andy Fitz, Montalbano Homes; and David Schultz, Smith Engineering. 1. Minutes None. 2. Building Permit Reports for February, March and April 2005 Munns commented that the building pellnits have grown considerably over the last four years. The committee agreed to forward the reports to the next Committee of the Whole meeting. 3. Fox Hifi Center Economic Incentive Agreement Tabled. 4. PC 2005-08 Blackberry Woods Planned Unit Development Mayor Prochaska infoimed the committee that the Plan Commission voted to recommend the requested annexation for the property but voted against a recommendation for rezoning. Plan Commissioners didn't like the idea of the multi-family housing extending so far west on the property, he said. The commissioners also agreed with city staff in concern over the fact there's only one way into the proposed subdivision. Builder Bill McCue who is proposing the subdivision said he's disappointed with the Plan Commission's vote. He had previously been to the Plan Commission, acted on the recommendations suggested and then came back. Now, he said, new concerns are coming up. Responding to some of the issues brought up by the Plan Commission, McCue said the lots at the bottom of the property will be 12,000 square foot minimum in size and will be single-family units. That changes the overall plan from 135 total units to 131 units on about 60 acres. Page 2 of 5 As for the access issue, McCue said he tried to get emergency access through a neighboring property owner,but was denied. Right now, plans show road stubs at the south and west ends of the plan. He said it shouldn't be long before those areas are developed and roads can connect to provide another entrance. Otherwise, he said he'd check with the county to see if a gravel road could be installed to connect to the dog pound parking lot to use as an emergency entrance/exit. Commenting on the plan itself, McCue said McCue Builders would build all of the housing in the R-4 area. The buildings would have nice elevations on the front of the units, which are expected to sell for$275,000 to $325,000. Plans are for a homeowners association to do long-term maintenance and a six-foot berm with landscaping would be installed between the jail and the homes. Also, McCue said the developer plans on selling 50 to 60 percent of the single-family lots to local builders first and then to outside builders. McCue said he also met with Laura Brown, executive director of the parks, and said she suggested installed a walking trail through the property. The Plan Commission didn't comment on the parks at all, he said. The only other comment Plan Commissioners made was that they'd prefer townhomes to duplexes. McCue, however, said there's a demand for ranch-style duplexes, especially for the older population. The duplexes would be age-targeted. McCue said he spoke with Sheriff Randall who liked the idea of what would go behind the jail. Alderwoman Valerie Burd asked if the builders would comply with the new appearance code and McCue said definitely yes. Offering his comments on the proposal, Alderman Joe Besco said the property is a hard parcel to work with,but he likes the plan. He said he doesn't like the eyebrows on the cul-de-sacs because they're hard to plow. As for the secondary access, he said the land surrounding the proposed subdivision will likely be developed before long. Mayor Prochaska, however, asked McCue to set up a meeting with the county to see if an emergency access would be possible. The committee agreed to move the matter forward to the Committee of the Whole for discussion. 5. PC 2005-02 Lee Farm Annexation and Preliminary Planned Unit Development Plan Andy Fitz with Montalbano Homes said the proposed development is located at the southeast corner of Ament and Penman roads, east of Route 47. Page 3 of 5 Outlining some of the changes since the plan was last presented; Fitz said the Park Board wanted a smaller park and the rest of the land-cash donation in cash. Also, the Park Board wanted the park located closer to the water feature. Fitz said the planners also have increased the buffer from 40 to 50 feet and all lots are 12,000 square feet except for the ones that abut open space. There are 294 total lots and about 40 of them are less than 12,000 square feet. Mayor Prochaska said he's concerned that the lots were shortened to make the buffer larger. Burd asked if the developers contacted the School District about locating a school by a water feature. Fitz said the school site likely would be moved as neighboring land develops. So, for now, the water feature and park area will stay as they are. Munns suggested city staff offer its thoughts on the proposal and move it forward. 6. PC 2005-14 201 S. Main Street—Rezoning 7. PC 2005-15 204 Hydraulic—Rezoning Items 6 and 7 were discussed together. Mayor Prochaska said both rezoning requests received unanimous recommendations from the Plan Commission. Attorney Bob Pilmer representing the petitioner said there was a home on South Main that has since been demolished. Plans are to build a commercial building with residential units on the second floor. On Hydraulic Street, plans are to leave the existing house there for now and use it as residential rental property. City Attorney John Wyeth said the Plan Commission asked for a developmental agreement in regard to the type of building that would be erected on S. Main Street. Right now, petitioner Robert Dearborn said there aren't many models to follow. He submitted a design of the type of building he'd like to construct at the location. Burd said that whatever is built is setting a precedent. She said she'd like to see the developer go the extra mile so that the building would look good since it is setting a precedent. The committee agreed to move the rezoning requests to the Committee of the Whole with a recommendation from the committee. Wyeth said he would begin working on a developmental agreement to guarantee that a building similar in quality to the one shown in the graphics is erected. 8. PC 2005-03 Aspen Ridge Estates Preliminary Plan Mayor Prochaska said the Plan Commission recommended approval of the request by a 6 to 1 vote. Page 4 of 5 Attorney David Meek, representing the petitioner, outlined the notable elements of the planned R-2 development, which would include 217 units. There's a two-acre park in the center, a public trail along the eastern perimeter, a tree conservation easement along the west and south perimeters and a 50-foot buffer along Fox Road. Likewise, he said the lot sizes that abut existing county developments were increased to match the ones of the existing home sites. Now, he said they're waiting for results of a traffic study on Fox Road. Meek said the developer already has put forth$15,000 to fund the study and will participate financially in the traffic improvements as well. Mayor Prochaska said the Plan Commissioners made their recommendation subject to the developer's adhering to the appearance code and also suggested the city request more money for schools because of the added density the developer is requesting. Wyeth said the density for the area according to the comprehensive plan is 1.5 units per acre. The developer is seeking a density of 1.75 units per acre. To get that additional density, the developer needs to offer some "extras". The density credit on the preliminary plan goes over some of what the developer is proposing as going above and beyond the requirements. Meek said this project is different because the developer is seeking straight zoning and isn't requesting a PUD. He said the developer intends to adhere to the city's appearance code standards. However, he said the developer isn't the builder so it's hard to talk concretely about what will be built. Meek said the lots will be sold in small allotments to builders and the homes will be custom. Because this is an annexation agreement and not a PUD, Mayor Prochaska said it sets a precedent and it's important for the city to make sure all of the reasons for allowing a higher density are valid. The committee agreed to send the request to the Committee of the Whole. 9. Draft of the Appearance Code Burd said the Appearance Code Committee began meeting in January and had guest speakers talk about building materials. The code allows for brick, different styles of masonry and premium siding on buildings. In addition to building materials, the proposed code addresses appearance. Burd said if a building faces two streets then a façade needs to be placed on each of those sides. She said the Appearance Code Committee would go before the Committee of the Whole to detail the proposed code. Page 5 of 5 Munns said the code seems to try to make buildings look as nice as possible, yet they're still practical and reasonable so that commercial businesses will want to build in the community. 10. Review of Special Tax Bond Policy Burd said she'd like for the EDC to hold a hearing on SSAs to allow people to come in and testify as to why they either support or are against the SSAs. The committee could then go to the Committee of the Whole to make a report. Besco said he has serious concerns about how SSAs affect the community as a whole. 11. Discussion of Future Incentive Programs to Attract Commercial/Industrial Businesses Munns said he'd like committee members to bring forth ideas to attract commercial and industrial businesses to the city. Lynn Dubajic with the Yorkville Economic Development Commission said the city is looking into joining the county's proposed real estate abatement program. Such a program, she said, would put her on an even field when trying to attract business and industry to the city. 12. Additional Business Mayor Prochaska said the city is looking at negotiating a boundary agreement with Plano regarding the south side of the Fox River. The meeting adjourned at 9:26 p.m. Minutes respectfully submitted by Dina Gipe UNITED CITY OF YORKVILLE DRAFT ECONOMIC DEVELOPMENT COMMITTEE YORKVILLE CITY HALL CONFERENCE ROOM THURSDAY, JUNE 16, 2005 The meeting was called to order at 7 p.m. ATTENDANCE COMMITTEE MEMBERS AND CITY STAFF: Aldermen Marty Munns and Joe Besco; and Alderwoman Valerie Burd; Mayor Art Prochaska; City Attorney John Wyeth; City Administrator Tony Graff; and Anna Kurtzman, building department. OTHERS: Lynn Dubajic, YEDC; Tony Scott, Record Newspapers; Scott Mai, Smith Engineering; Craig Chesley, ComEd; Allan Armstrong, ComEd; and Bill McCue. 1. Minutes None. 2. Feasibility of Relocating Overhead Power Lines to Underground Allan Armstrong, external affairs manager with ComEd, said he's aware of the city's effort to relocate power lines along Route 47 and added that ComEd is required by the federal government to recover costs from relocating overhead wires underground. Rider 28 in the federal provisions allows municipalities to redistribute the cost among residents as a certain line item on their electric bill. Other municipalities have paid the cost on their own. Armstrong said ComEd isn't concerned about how it's paid, but the Federal Commerce Commission demands the company recovers its cost. Craig Chesley, manager for public relocations, said moving overhead wires underground can get quite complicated. Graff said according to the Illinois Department of Transportation District 1, which includes much of the northern suburbs, many communities are burying cables along their major thoroughfares. Chesley said over the last 1.5 years, there has been a big push to relocate cables underground in that area. Generally, he said if municipalities identify their desire to install the cables underground early, it's beneficial. That way, the work can be done as IDOT is repairing roads. Usually, he said, IDOT doesn't like to support overhead to underground. Alderwoman Valerie Burd said her ward is the downtown area where redevelopment is encouraged. She said there's a nice park along the river and she wondered if the lines along the river could be buried. Chesley said the lines near the river are sub transmission lines that are 34,000 volts. Those can be put underground,but special equipment is necessary and it's much more expensive. When communities are interested in relocating lines, Chesley said ComEd would provide a ballpark figure of the cost. Communities are then asked to provide a non-refundable deposit and then a more specific cost estimate is done. City Administrator Tony Graff asked how the utility company handles other utility companies that hang from the same poles. Chesley said cost estimates are for ComEd costs only. He said ComEd informs communities of what other utilities are using the poles and those costs are separate. The utilities, however, try to work together to relocate the lines and coordinate installation to save costs. Alderman Joe Besco asked if it's harder to locate and repair outages when lines are underground. Armstrong said they're not more difficult to locate,but they are more difficult to repair. Armstrong said growth in the county is staggering and the trend he's noticed is for developers to pay for locating lines underground near their developments. Alderwoman Rose Spears said that's the approach she's pushing for. Burd asked if the city could recover costs of relocating wires in the downtown area with the TIF (Tax Increment Financing) district. Graff said if the current system works, the costs wouldn't be recoverable. However, if changes are necessary to meet the ordinance, the costs could be recovered through the TIF. Graff said one developer asked if costs could be shared for lines buried along a state highway. For instance is the developer pays for costs because of a development on one side of the road, the developer on the other side gets a free ride. He said that's an issue City Attorney John Wyeth would have to look at. Burd asked if the cables are safer underground because they're not exposed to the elements. Armstrong said they're typically more reliable than overhead lines. Chesley commented that in the booming areas, cable hits are more common and costly. Graff said one community he knows of is considering installing protective fencing around the lines while developers are building. Graff said the city is trying to get sample ordinances from other communities regarding relocation of lines. Burd suggested the Economic Development Committee recommend buried cables in the downtown area and along Route 47 and encourage developers to put lines underground as well. Chesley said it sounds as if the community is well ahead of the curve and said the utility company will help in any way it can. Armstrong said the greatest amount of lead-time possible is extremely helpful. 3. PC 2005-08 Blackberry Woods Preliminary PUD Plan The developer said a question was raised about a possible bridge over Blackberry Creek. The only creek access the developer has is on the very southeast side of the development and the developer is trying to preserve trees in that location. That location also lines up to the School District property. Graff said Smith Engineering suggested a second access to the high school by putting a bridge across the creek to connect to Cannonball Trail. Environmentally, however, he said this isn't the best site. If a bridge ever were constructed, it would be better south of the high school. Meanwhile, Bill McCue said the Plan Commission is concerned there's only one access to the property. He said he's working with the county to get an emergency access road installed to connect with the county property. 4. PC 2005-17 Fox Hill Unit 6 Lot 1 Final Plat Graff said the Plan Commission recommended approval subject to engineering. Graff said some easement issues have been worked out and there's also a possibility of connecting to Route 34 if necessary for a right in, right out. The EDC decided to move the request forward to the Committee of the Whole. 5. PC 2005-04 Lincoln Prairie Yorkville Special Use Request John Duggan said the petitioners are seeking a special use request for an asphalt plant on 15 acres of property inside the south portion of the planned industrial park on Eldamain Road. At the public hearing, a resident who lives about '/ mile from the planned facility asked about what types of odors the plant would produce. The Plan Commission asked the developer to do provide an engineering report on the smells. Duggan said volatile gases cause the odors and new plants all have volatile gas recovery systems. The systems are installed to prevent nuisances and to make the process more effective. Committee Chairman Marty Munns asked about noise. Duggan said asphalt plants are particularly noisy. At full capacity, the plant could produce 1,200 tons per hour. However, he said if the plant reaches 60 percent capacity, he would be happy. Graff said the truck traffic likely would be about 16 to 20 trucks per hour. Spears asked if there's something the city could do to limit operational hours of the facility. Besco, however, said if the plant had a big project it needed to finish, he'd hate to have the hours restricted. The committee decided the request should return to the EDC in July when the engineering report on odors is finished. 6. Building Permit Reports for May 2005 The reports were approved and moved forward to the C.O.W. 7. Proposed Zoning Text Amendment for Drive-Through Facilities Anna Kurtzman with the building department asked if the committee wanted to look at the issue of stacking vehicles at drive-through facilities. She said the staff is recommending that the Zoning Code be amended to address two concerns: the location of the drive-through in relationship to the public right-of-way and the amount of stacking to be provided per use. The proposed changes would require drive-through facilities to be oriented away from the public right-of-way. Also, stacking requirements would be imposed limiting the number of stacking spaces. For instance, on an automatic car wash, there would be 10 spaces required for cars entering the wash and two required for cars exiting the wash. Graff said the ordinance is mostly geared toward banks. He said the city has asked banks to locate the drive-throughs so that they're not in the front. Burd said she doesn't mind seeing a drive-through, that way she knows were to go. She said she's more interested in the space requirements so that there is room on the property to serve customers and she would like to see buildings made attractive. Besco agreed. He said as long as the building looks nice, it doesn't matter where the drive-through is located. Kurtzman said she'd redraft the proposed ordinance to keep in the stacking space requirements. But she said it sounded like the committee would prefer to rely on the appearance code regarding aesthetics. She said she'd bring the revised ordinance back to the committee for review. 8. Resolution Providing for a Feasibility Study and Report with Respect to the Designation of the Downtown Area as a TIF Redevelopment Project Area Graff said the city needs to pass a resolution for intent to designate the downtown area as a TIF district. Also,he asked if the city should hire URS again to do a feasibility study. Burd asked if the islands would be included. Graff said IDOT thinks they're already included. The committee agreed to go ahead and bring a resolution to the C.O.W. 9. Discussion of Future Incentive Programs to Attract Commercial/Industrial Business to Yorkville Regarding last months presentation on the county incentive program, Munns suggested the committee members go though the grading process and see how it could be adjusted to fit the city. The meeting adjourned at 8:50 p.m. Minutes respectfully submitted by Dina Gipe 07/19/2005 10 09 FAX 630 553 5764 DANIEL J. KRAMER [31002/003 LAW OFFICES OF Chi r, 110TA SOUTH BRIDGE STREET DANIEL J.KRAMER YORKVILLE, ILLINOIS 60560 KELLY A.KRAMER (630)553.9500 FAX;(630)553-5764 July 18, 2005 Marty Munns Tony Graff Chairman of EDC City Administrator RE: Ocean Atlantic West (Mike and Tammy Roesenwinkel Parcel) Dear Marty and Tony: We would ask that the above referenced Petition be placed on the Economic Development Committee Meeting for July 21, 2005 at 7:00 p.m. we are asking that the City pass an Ordinance at its August 9, 2005 Meeting approving the proposed Rosenwinkel Zoning contingent .rpon the following Five (5) conditions that were included in the Plan Commissior recommendations to the City Council: 1. That when development plans are formulated by Ocean Atlantic it be under a Planned Unit Dev3lopment Agreement. 2. That the predominait percentage of acreage be developed single family, which according to the bubble plan I have from the Lannert Group is Forty Eight (48%)percen,. 3. That we meet the Thirty (30%) percent open space goal of the City's existing Compreher sive Plan, which would include the Two and half(2.5) acre park site that you show on the bubble plan. 4. That we agree to a condition of no apartments to be located within the project. 5. That the City Council approve the Amendment to the Comprehensive Plan including the Rosenwinkel Parcel in the proposed residential classification as opposed to its ex:sting manufacturing zoning. The Plan Commission obviously wanted to make sure that those are incorporated into a written agreement so that when the Planned unit Development process is undertaken 07/19/2005 10:09 FAX 630 553 5764 DANIEL J KRAMER C j003/003 those Five(5) Guidelines will be adhered to by the Petitioners. We have no problem with any of those conditions, and tried to explain to the Plan Commission that we sought the R-4 Zoning change so that the Losenwinkels in fact knew they were selling residentially zoned property not industrial zoned property. Under the new Planned Unit Development Ordinance, you require virtually the same filing as a Preliminary Plat or Preliminary Plan approval, No plans are formulated to that degree as of yet,however asking for the zoning with the limited conditions is perfectly consistent both with our Zoning Ordinance and past practice of the City to ensure a particular type of Land Use and yet guarantee the City certain performance standards will be adhered to by the property owner and Developer. We would ask to m eve ahead on that Agenda as well as the August 2, 2005 Committee of Whole and the August 9, 2005 City Council Agenda. Thank you for your cooperation in this matter. Shoff ld you have any questions or concerns please feel free to contact me. Ve nil Yours, Daniel J. Kramer, Attorney at Law DJK.cth 07/18/2005 12 18 FAX 630 553 5764 DANIEL J KRAMER Z003/010 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE AND GCM PROPERTIES, LLC DEVELOPMENT;ECONOMIC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of March, 200:; by and between THE UNITED CITY OF YORKVILLE, an Illinois corporation located in Kendall County (the "CITY") and GCM PROPERTIES, LLC (the "DEVELOPER"). RECITALS The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970, the CITY has determined that it has the authorty to enter into this Agreement. The DEVELOPER has purchased and intends to develop the real property located south of Route 34 and known as Lot 2 Fox Hill and legally described in Exhibit "A" (the "Property") for commercial uses ("Development Project") subject to a zoning ordinance enacted by the CITY. DEVELOPER has demonstrated to the CITY's satisfaction that the DEVELOPER has the experience and capacity to complete the Development Project. The DEVELOPER ani the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the DEVELOPER would not undertake the Development Project, The DEVELOPER has expressly conditioned the undertaking o:7 the Development Project on the CITY.; agreement to pledge the Sales Tax Revenues (defined later) it receives from the Developer ent Project to repay DEVELOPER its Reimbur.>able Improvements (defined later), all as provided in this Agreement. The CITY deems it to be of significant importance to encourage development within the CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities. Accordingly, the CITY has made the following findings necessary pursuant to the Enabling Statute: That the Property has remair.ed vacant for at least one year; -1- 07/18/2005 12 : 18 FAX 630 553 5764 DANIEL J KRAMER W)004/010 That the Development Project is expected to create job opportunities withift the municipality; That the Development Project will serve to further the development of adjacent areas; That without this Agreement, the Development Project would not be reasonably po;sible given the off-site costs imposed by the Illinois Department of Transportation; That the DEVELOPER meets high standards of creditworthiness and financial strength; That the Development Project will strengthen the commercial sector of the municipality; That the Development Project will enhance the tax base of the CITY; That this Agreement is math in the best interest of the CITY; and Pursuant to the Illinois Municipal Code, as amended ("Code"), the CITY has authority to enter into an economic incentive agreement relating to the development of land within corporate limits, including an agreement to share or rebate a portion of the retailer's occupation taxes received by the CITY that are generated by the development. Subject to the terms and cond tions of this Agreement, the CITY agrees to reimburse the DEVELOPER for its Reimbursable Improvements. In reliance upon the CITY's representrtions and covenants contained in and subject to the terms and conditions of this Agreement, the DEVELOPER intends to cause th#: Reimbursable Improvements (as hereinafter defined) to be constructed and to enter into constriction contracts and other agreements as necessary. This Agreement has been submit ed to the corporate authorities of the CITY for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. NOW, THEREFORE, to maintain and revitalize business within the CITY by ass'iring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the CITY; to induce the DEVELOPER to undertake the Development Project; in consideration of the DEVELOPER's agreemelt to undertake the Development Projec and the CITY's agreement to reimburse the DEVELOPER for the costs of causing the constriction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the DEVELOPER.md the CITY hereby agree as follows: incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. -2- 07/18/2005 12 19 FAX 630 553 5764 DANIEL J. KRAMER 0005/010 Creation of Economic Incentive Agreements. The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application by DEVELOPER or its assigns, Pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory means, enact all ordinances and er.ecute all agreements to share or rebate a fifty percent (50%) portion of the CITY's allocated portion of sales tax revenue as set forth herein to DEVELOPER or as assigned in writing by DEVELOPER, pursuant to the teens provided in this paragraph of the Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be .my user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the "Generator". The CITY acknowledges that its agreement to execute this Development/Ecoromic Initiative Agreement is a material inducement to DEVELOPER to enter into this Agreement. Development Incentive Reimbursement. Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid 100% of its Reimbursable Improvement costs (defined below) out of 50% of sales tax generated by any "Generator" on the Property or any additional property purchased by DEVELOPER, as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY shall include simple interest of five percent (5%) per annum on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by DEVELOPER. In erest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first store (or other business )perator) on the Property. DEVELOPER shall be entitled to recover up to the total amount of tae Reimbursable Improvement calculation plus interest for a period of twelve (12) years commencing from the date of completion of said road improvement on Route 34. In the event DEVELOPER recovers its full Reimbursable Improvement plus interest calculation prior to that expiration time, the r4ht to recovery shall terminate earlier than the previous stated expiration date. In the event DEVELOPER has not received all of its Reimbursable Improvements calculation and interest upon said expiration date, the Agreement shall be treated as expired. Interest shall not be ccmpounded. These Reimbursable Improvements include, but are not limited to, the following: Illinois State Route 34 roadway expansions and tapers, off-site widening, resurfacing and improvements to Illinois State Highway on Route 34 intersecting at Sycamore Street at the property East and running approximately '/4 mile West, as disclosed in the attached Exhibit"A" of approximately $83,825.00; and The CITY shall distribute the sales tax revenue generated by any Generator as follows: 50% to the DEVELOPER, or as directed by the DEVELOPER; -3- 07/18/2005 12. 19 FAX 630 553 5764 DANIEL J. KRAMER ij 006/010 50%to the CITY; Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other "sa es tax" or similar tax that may be enacted by the State of Illinois or any governmental agene"" or body created under the laws of the State of Illinois, based upon gross sales, and located withii the State of Illinois, that is collected by the Generator:: as a result of business transactions occurring on the Property. In the event that the CITY's she= of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. Payment Obligation. The CI"Y hereby agrees to pay DEVELOPER or its assignea the quarterly installment payments mane to the CITY by the Illinois Department of Revenue within thirty (30) days of receipt by the 2,ITY of the quarterly installments, and continuing until the Reimbursable Improvements and applicable interest are paid to the DEVELOPER as set out in this Agreement. The "quarterly installment payrient" shall mean an amount equal to one-half('/z) of the sales tax revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property. All amounts paid to the DEVELOPER will be due and payable solely from one-half ('/2) of the sa es tax revenues received by the CITY from any Generator's sales for the preceding calendar quuter. However, if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the DEVELOPER from any alternate sources of revenue provided to the CITY by the State, if any are made, specificall" as a replacement or substitute for sales tax revenue presently received by the CITY. Verification of Costs. Following ccnstruction of the Reimbursable Improvements, DEVELOPER shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. Commencement Date. The terms of this Agreement shall be for Twelve (12) years commencing upon the completion of said improvement. Sources of Funds to Pay Reimbursable Development Protect Costs. Funds necessary to pty for the Incentives are to be solely deri•,ed from the additional sales tax generated by the Generators. This pledge of additional sales tax revenues hereby is approved by the CITY. In order to comply with the terms of this Agreement, DEVELOPER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Levenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for eac:i commercial retailer on-site. In the event DEVELOPER or a commercial retailer fails to pro\ide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty to remit sales tax proceeds from that commercial retailer to the DEVELOPER. -4- 07/18/2005 12 19 FAX 630 553 5764 DANIEL J KRAMER Z 007/010 Assignability. It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8- 11-20 (2002) are assignable at the option of the DEVELOPER. Upon such written assignment by the DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the Development Agreements, this Ordinance and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative F,greement unless specifically assigned by the DEVELOPER. Reimbursement Procedures. Sales Tax Reports. DEVELOPER agrees to cause all Generators to execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOR"), authorizing the DOR to release to the CITY the sale; tax figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the C TY on a quarterly basis, DEVELOPER and all Generators shall be responsible for any further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or sha l be responsible for submittal of the sales tax information as provided for in the next paragraph or this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, DEVELOPER shall cause Generator; to, contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said Department of Revenue or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are t,eing provided to the CITY for purposes of identifying ;ales tax revenues collected pursuant to this Agreement. Confidentiality. The CITY ac:.inowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to DEVELOPER and/or DEVELOPER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limit:d to Section 7(1)(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in co zfidence all sales figures and other information provided by DEVELOPER or Generators or obtained from DEVELOPER's or Generator's records in connection with this Agreement, ani in connection therewith, the CITY shall not copy any such information except as necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The CITY sl•all be permitted to disclose such information (i) to its aFents or employees who are reasonably deemed by the CITY to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall boll in -5- 07/16/2005 12 19 FAX 630 553 5764 DANIEL J. KRAMER Z008/010 confidence such information to the extent required of the CITY hereunder or (ii) to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind the CITY, its suc essors, assigns and legal representatives for a period o:.' five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party benef ciaries to this Confidentiality provision. Audit. Each payment by the CITY to DEVELOPER shall be accompanied by a statement executed by the City Treasurer or tie Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the Treasurer's designee shall further issue a statement setting forth all payments made to date to DEVELOPER. D} VELOPER shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. DEVELOPER shall have the right to review all sales tax reports provided to the CITY b y the state relating to any Generator upon two days written request by DEVELOPER. Default/Right to Cure. No party shall be deemed in default hereunder until such Party has failed to curs: the alleged default with ten (10) days ill the case of a monetary default, or within thirty (30) days in the case of a non-monetary default from notice of such default from the other Party; provided, however, if the nature of such non monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter dilig:ntly prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) te--minate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in additior, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); (iii) pursue all other remedies available at law, it being the intent of the parties that remedies be cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. No Obligation to Develop. Open or Operate. Nothing contained in this Agreement shall be deemed to obligate DEVELOPER, Generator or any of Generator's of iliates to construct any improvements on the Property or to open or operate any form of busines; in the Property for any period of time or at all. -6- 07/18/2005 12 19 FAX 630 553 5764 DANIEL J. KRAMER a 009/010 Additional Covenants. Time. Time is of the essence uiless otherwise stated in this Agreement and all time lim:is set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the party excusing such timely performance, Binding Effect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a c)urt shall determine that the CITY does not have the power to perform any such provision, such provision shall be deemed to be excised herefrom ani the invalidity thereof shall not affect ar y of the other provisions contained herein. Notices. All notices and requests required pursuant to this Agreement shall be sent by certified mail as follows: To Developer: GCM Properties, LLC 12046 Flint Dr. Homer Glen, IL 60491 To Developer's Attorney: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 With copies to: Attorney John Wyeth United City of Yorkville Offices 800 Game Farm Rd. Yorkville, IL 60560 Authority to Execute. The siinatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the CITY and the Board of Directors of DEVELOPER, to execute this Agreement on their behalf Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms or this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in the same action. Relationship of the Parties. Nothing herein shall be deemed or construed by the Parties or by any third party as creating the rela:ionship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provision herein, nor any acts of the parties, shall be deemed to create any relationship between the parties. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the various rights and remedies herein contained and reserved to each of the parties, except as herein -7- 07/18/2005 12: 20 FAX 630 553 5764 DANIEL J. KRAMER [2010/010 otherwise expressly provided, are Not exclusive of any other right or remedy of such party, but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission, of the right to exercise any power or remedy by either party shall impair any such right, power Dr remedy or be construed as a waiver of any default or non- performance or as acquiescence therein. IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville, Illinois, as of the date and year shown above. UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, By: By: MAYOR GCM PROPERTIES, LLC Attest: Dated: CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -8- Page 1 of 1 Liz D'Anna From: Dugganjpd@aol.com Sent: Tuesday, July 19, 2005 11:08 AM To: mmunns@yorkville.il.us; vburd@yorkville.il.us;jbesco@jorkville.il.us;jleslie@yorkville.il.us; aprochaska@yorkville.il.us Cc: tgraff@yorkville.il.us; Idanna@yorkville.il.us; mike@ schoppedesign.net;jwyeth@yorkville.il.us Subject: Hamman Special Use for Asphalt Plant, PC 2005.4 Ladies and Gentlemen, I am attaching the report of Dr. Michael Ames of Cambridge Environmental in connection with the Hamman Special Use application for an asphalt plant in the Lincoln Prairie Yorkville Industrial Park for the July 21, 2005 Economic Development Committee Meeting at 7:00 pm City Hall Conference Room Dr. Ames was recommended to Mr. Hamman by the National Asphalt Paving Association due to his extensive research and expertise in air sampling and atmospheric particulate propagation as it relates to asphalt plant emissions. Dr. Ames has evaluated the prevailing weather, the proposed plant design and the location of the plant. He concludes that the potential for objectionable odors from the proposed plant to off-site residence is very small because the new plant design captures and recycles volatile gases released in the hot-mix asphalt production process, and the distance from the proposed plant to homes in the residence in the area of the plant makes the prospect of nuisance level emissions very unlikely. The prevailing high winds in the locality (weather data shows that winds blow at greater than 5 knots 87% of the time) will disperse any fugitive particulate. Moreover, air quality studies of asphalt plant emissions have shown that it is close to impossible for hydrogen sulfide levels to reach nuisance threshold levels from a new designed asphalt plant at the distances involved in this application. We will drop off hard copies of this report for the EDC today. John P Duggan 181 S. Lincolnway North Aurora, IL 60542 phone 630-264-7893 cell 630-222-2223 fax 630-264-1310 e-mail: dugganjpd@aol.com 7/19/2005 Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgcEnvironmental.com July 8,2005 Donald J. Hamman 6110 Route 71 Oswego. Illinois 60543 Dear Mr. Hamman. As requested by you and John Duggan. I have written a brief report on the potential for off-site odors to occur from your proposed hot-mix asphalt facility in Yorkville, Illinois. This letter report is intended to assist the Yorkville Planning Committee in their assessment of these issues. If you have questions or comments on any items in this letter please feel free to contact me by phone at 617-225-0810 extension 24, by fax at 617-225-0813, or by e-mail at Ames@CambridgeEnvironmental.com. Thank you for the opportunity to assist you with this matter. Sincerely. Michael Ames. Sc.D. Senior Engineer Donald J. Hamman Page 1 July 8. 2005 Issues related to potential off-site odors near the proposed Hamman Hot-Mix Asphalt facility in Yorkville, Illinois Mr. Don Hamman is proposing to build a hot-mix asphalt facility at a site in Yorkville. Illinois on property previously owned by Commonwealth Edison Company. The site is between Edelman Road approximately 900 yards to the west. Beecher Road approximately 220 yards to the east, Cornelis Road approximately 1400 yards to the north, and Faxon Road and the Chicago Burlington Quincy Railroad approximately 175 yards to the south. Officials from the Town of Yorkville have expressed concern that operation of the asphalt facility will result in the presence of nuisance odors at nearby residences. In brief. the potential for objectionable odors to exist at the off-site homes near the proposed hot- mix asphalt facility is small for two primary reasons. First the proposed facility will employ a modern two drum design with a volatile gas collection system that should greatly reduce the emissions of odorous compounds in comparison with older hot-mix asphalt facilities. Second, the nearest residences are fairly far from the facility. which should provide adequate distance for the dispersion and dilution of any odorous emissions. In addition, there are very few residences in the surrounding area. so that emissions could only reach homes when the winds are blowing from a few directions. Several issues relating to hot-mix asphalt facilities and potential odors will be discussed in this letter report: these issues are: The primary sources of odors at these plants, with special attention to design details used at the proposed facility that will greatly reduce these emissions: Relevant properties of the principal odorant. hydrogen sulfide: Local factors that influence the dispersion and dilution of emitted compounds: and The overall results of a recent study of hydrogen sulfide and odors near a hot-mix asphalt facility and a bulk asphalt cement transfer terminal. Introduction and Background Hot-mix asphalt is a familiar material also known as blacktop. macadam. or tarmac. It is used for the paving of roads.driveways. parking lots,etc. The National Asphalt Pavers Association (NAPA)estimates that more than 94 percent of the nation's streets and highways are paved with asphalt. Asphalt is made from crushed rock or aggregate and asphalt cement, which is a mixture of petroleum compounds produced by oil refineries: about 95 percent of the total weight of asphalt pavement is aggregate. and a large amount of asphalt that is removed from roadways prior to repaving is recycled into new asphalt(the NAPA website is http://ww'v.hotmix.org). Hot-mix asphalt plants heat the aggregate to dry it and then combine this material with the asphalt cement. Both the asphalt cement and the end product need to be kept heated so that they will not solidify. Once mixed. the hot asphalt is conveyed to storage silos. from which it is loaded onto trucks for delivery to construction sites for highways, parking lots and residential Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgcEnvironmcntal.com Donald J.Hamman Page 2 July 8,2005 areas. Hot-mix asphalt is usually produced at temperatures between 300 and 325 degrees. and needs to be applied at no less than about 250 degrees. It therefore needs to be produced relatively close to where it is needed. This is why hot-mix asphalt is produced at many small facilities rather than at a few large ones. Hot-mix asphalt plants are industrial facilities, and as such the equipment and processes they use have the potential to release pollutants to air and surface water,or to cause objectionable conditions away from the facility. Not surprisingly. some existing hot-mix asphalt plants have led neighbors of those plants to complain of odors. noise,or other impacts to the environment; while other facilities have operated for many years without causing these conditions. Because hot-mix asphalt is used so widely. many people have been near hot asphalt as it is being applied, and they are thus familiar with asphalt's particular odor. The need for hot-mix asphalt to be produced near where it will be used generally prevents asphalt mixing facilities from being situated in remote locations. When asphalt mixing facilities are sited in the vicinity of homes or businesses, people often have concerns that odors will occur in the surrounding neighborhoods. The extent to which such conditions do occur depends on the details of each facility and its location. In general. there are three sets of factors that determine the nature and size of the impacts of a hot-mix asphalt plant on its environs. The first and most important set of factors relate to the plant's design. operation, and maintenance. Experience has shown that a well designed, properly run hot-mix asphalt plant can be operated in an environmentally benign manner. The second important factor is the age of the plant. All other things being equal. older plants can be expected to have more problems than modem plants. Just as older cars tend to pollute ambient air more than newer cars, so older hot-mix asphalt plants—unless they have been quite well maintained and retrofitted with modern. air pollution control devices—tend to emit more pollutants per ton of asphalt produced than newer ones. The third factor is related to the conditions that surround the facility such as how close the nearest homes are to the plant. what the local topography is like, and the nature of the prevailing meteorological conditions. Emissions from Hot-Mix Asphalt Facilities There are three main sources of pollutant emissions from a hot-mix asphalt facility: combustion products from the fuels used to dry the aggregate and heat the asphalt, dust emitted during the moving and drying of the aggregate. and volatile gases emitted from the hot asphalt cement and final mixed asphalt. Combustion products and dusts from the dryers are ducted through pollution control devices such as particulate matter filters or 'bag houses', compounds not captured by these devices are emitted from the plant's main stack. Most of the materials emitted from a typical asphalt plant are from these ducted sources. Because the proposed hot-mix asphalt facility will be primarily fueled by natural gas the combustion product emissions will be very low. Volatile emissions can evolve from the liquid asphalt in its storage tanks, when it is mixed with the aggregate. while it is in the hot-mix asphalt storage silos, and during hot-mix asphalt loadout. If these volatile gases are released to the atmosphere without being ducted through any Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Donald J. Hamman Page 3 July 8, 2005 air pollution control devices or the facility's stack they are referred to as fugitive emissions. The fugitive emissions from the hot-mix storage silos. tend to be the largest of the fugitive sources followed by emissions from the asphalt cement storage vessels;the use of volatile gas condensers is a common means of reducing emissions from these sources. Odorous emissions from hot-mix asphalt facilities are primarily caused by reduced sulfur compounds that are released as volatile gases from the heated asphalt cement. The most prevalent of the odorous compounds emitted from hot-mix asphalt operations is hydrogen sulfide (H,S). Hydrogen sulfide is fairly common compound that is emitted by a wide range of sources and which is frequently described as having a "rotten egg"odor. A more complete description of the sources and properties of H,S is given below. The amount of reduced sulfur compounds released from the asphalt cement is related to amount of sulfur originally present in the petroleum used to make the cement. It is important to note that because the asphalt cement and the mixed asphalt are heated in closed vessels. compounds released from the asphalt are emitted to the general environment only when the vessels are vented to the outside air. The Dillman Equipment DuoDrum facility that is being proposed for the site in Yorkville employs two advanced design features that will greatly reduce the potential emissions of volatile and odorous compounds from the plant. The first feature is the separation of the drying and mixing drums. In the Dillman DuoDrum design to be used at the Yorkville site, the aggregate alone is heated directly by the combustion of natural gas (with oil as secondary fuel) in the drying drum. Emissions from this process include the combustion products from the burning of the fuel (primarily water and carbon dioxide). the moisture driven from the aggregate,and some fine dust produced during the drying and tumbling. These emissions will be passed through a fabric filter to remove most of the dust before the exhaust gases are released to the atmosphere. The heated aggregate will then be added to the asphalt cement in a separate mixing drum. Because the mixing drum is heated externally there is no need to vent combustion products from this vessel and thus the only emissions from this process are the small amount of volatile gases that are released from the asphalt cement. In the Dillman design, these gases are collected and injected into the combustion flame of the drying drum where they are easily burned with the primary fuel. Odorous reduced sulfur compounds will be converted to far less odorous oxidized sulfur compounds by this process. This two-drum design provides a fundamental improvement with respect to volatile emissions control at hot-mix asphalt facilities over older facilities that use a single heated drum to both dry and heat the aggregate, and to mix it with the asphalt cement. Because the combustion products and dust from the drying need to be vented to the atmosphere, at these older facilities the volatile and odorous compounds emitted from the asphalt cement are also vented to the air. By separating the drying and mixing processes into two different drums,the new design can capture the volatile gases emitted from the hot asphalt cement and combust them in the dryer drum. Cambridge Environmental Inc 58 Charles Street Cambridge.Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Donald J. Hamman Page 4 July 8. 2005 The second feature of the new Dillman facility that will help to reduce emissions of odorous compounds is the collection of volatile gases emitted from the hot-mix storage silos and the combustion of these in the dryer drum. The gases at the top of these silos need to be expelled as the silos are filled. By collecting these gases and combusting them in the dryer drum the proposed facility will prevent odorous gases released at the silos from being emitted to the atmosphere. Together, the DuoDrum design and the capture of hot-mix silo emissions should vastly reduce the amount of odorous compounds emitted from the proposed facility when compared with the emissions from older plants. Properties of Hydrogen Sulfide As mentioned above. hydrogen sulfide is the most prevalent of the odorous, reduced sulfur compounds present in hot-mix asphalt emissions,and as such it is frequently used as a 'signature' compound for these emissions. Often. investigations of odorous hot-mix asphalt emissions either model the emissions and dispersion of H2S, or monitor its off-site presence by standard analytical instruments or through a qualitative analysis of perceived odors. Thus, H,S is used as a surrogate for all of the odorous, reduced sulfur compounds. To understand the potential for H,S emitted from a facility such as a hot-mix asphalt plant to cause off-site odors. it is helpful to review some of the properties of this gas. H,S is a common compound that is most often produced by the microbial biodegradation of sulfur-containing materials. It is produced naturally in bogs; is present in gases emitted by sewage,compost. and manure (H,S levels on the order of 20 - 40 parts per billion (ppb) can be measured at dairies); in the gases generated within landfills: in some petroleum and natural gas; and even in expired breath (at levels ranging from 1 to 100 ppb. ATSDR, 2004). Examples of industrial settings where H,S is emitted are waste water treatment facilities, tanneries. rayon manufacturing plants. sulfur producers, kraft paper mills, food processing plants,and asphalt manufacturing and mixing plants. The gas's characteristic "rotten egg odor"can be detected at airborne concentrations on the order of 10 ppb. The odor threshold for H2S, as for all compounds, can vary widely from person to person and also over an individual's lifetime. Suffice to say, there are numerous sources of H,S emissions to the environment, and because of its low odor threshold, H,S is a leading contributor to many nuisance odor issues. Given its many sources and odorous nature. H2S has received considerable attention as regulators have attempted to establish guideline concentrations to protect human health and public welfare. There are no current federal standards for H2S levels based on odor or nuisance, but several states have developed such standards ranging from 30 to 200 ppb to protect against shot-term odors. and associated symptoms. California has a longstanding ambient air quality standard of 30 ppb for H,S applied over a 1- hour time averaging period. The standard is specifically designed to address nuisance odor,having been set at the geometric mean odor Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Donald J. Hamman Page 5 July 8, 2005 threshold measured in adults. The standard was established in 1969 and reaffirmed in a recent review as relevant and appropriate (OEHHA, 2000). Presence and Effects of Emissions at Off-Site Locations The off-site atmospheric concentrations of hydrogen sulfide(and other compounds)that will result form operation of the proposed hot-mix asphalt facility will depend on its emission rates and the amount by which the emissions are diluted as they travel off-site. The extent to which these concentrations may lead to perceptible or nuisance odors depends on the concentrations at locations where people are present relative to the compounds' odor thresholds. The dilution of compounds emitted to the air is primarily caused by the spreading out or dispersion of the emissions as they are blown in wind and mixed with the background air. In general, dilution is greater when wind speeds are higher both because the emissions become more dispersed horizontally and vertically. and because the emissions are mixed with more background air. Emissions will only reach an individual that is far from the source when the winds are blowing from the source toward their location. To examine the potential for emissions from the proposed facility to reach nearby residences and cause odorous conditions. meteorological data from the nearby Aurora Municipal Airport was examined. The wind rose shown below is based on data from the Aurora Municipal Airport for 2004. during the portion of the year(April 1 to December 1)and the hours of the day (5:00 A.M to 5:00 P.M.)when the proposed facility will likely be operating. The wind rose shows the frequency with which winds blow from a particular direction and within a range of wind speeds (a wind speed of 1 knot is equal to 1.15 miles per hour). For example the longest arm (or petal) on the diagram indicates that winds blow from the southwest a little less than 9%of the time covered by the data: the yellow portion of this arm indicates that winds blow from this direction at 10 knots or slower a little more than 5% of the time. Two relevant things can be seen from this wind rose. First, the winds blow from a fairly even range of directions. Aside from winds from the east to southeast, each wind sector is represented with between 4%and 8% frequency. Thus emissions from the facility will be blowing towards any give location only a few percent of the time. Second,the winds are generally fairly strong. The average wind speed during the periods when the facility will be operating is 8.3 knots (9.5 mph). and the wind blows at greater that 5 knots (5.75 mph)approximately 87%of the time. These high winds tend to disperse and dilute emissions. Because perception of odors is a threshold event (i.e., if a compound is present below its odor threshold, it is not smelled at all), this dilution will reduce the occurrence of odorous conditions off-site from the facility. During periods of calm wind conditions when atmospheric dispersion of emitted compounds is low, odors may spread slowly from the facility. During such periods emissions tend settle down slopes and into valleys. However. because the local terrain is relatively level and even, emissions should not persist undiluted in any particular locations. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CamhridgeEnvironmental.com Donald J. flamman Page u jul\ 8, 2.005 INK-.)RTH 10% ---1 '7.-:', 8''', ,., " A ,, 7 EAST li.>--- / / / I \ , t ..,, . . %i:.,7 '" ' , 1 'y'v IND S FEE: 1 tKr.els . SOUTH I ) 1 6 15 !;Itudies of U.S Emissions and Concentrations at Hot-Mix Asphalt Facilities The precise amount 01'115 emitted 'il. a hot-mis asphalt plant is difficult to measure and there-11.)re it is also difficult to prediLt. The 1 .5. EPA has compiled a large amount of data to help ..-2stinate emission ratcs from \al iotis hot-n-,ix asphalt facilities. These data and methods for estimating emission rates are ..:cntained in chapter I I.1 Or the document —Compilation of Air Po I I u Lint tim ks ic,r? I-actors. Vo;ume I: 51ationi-T. Point and Area Sources.' ia\ailable on-line at httpt \\ww.epti.Lio\ incerL hi,-.-:..-1 r 2 inde\jitin 1). -0,hieh is common l\ referred to by its document number AP 42. I his d,,etimeni is the LP-\ source used by engineers and regulators that need to estimate emission rates from a varicn, of indusiri::11 sources. The EPA's emission factors for hot- mii asphalt facilities include for more than -10 pollutants: however. because EI,Si levels were ,renerally below the detection limit 0 f the measurement methods used to produce these estimates. EPA reported no I I-S emission data in this document. Cambridge Environmental Inc - ----- - ---- 8(„1-ruic..-51.1 ,:t( amhri4o. S.1w;saclup;eils 02141 ('1 -22 -0S1I I-\\_6,I7-225-6813 wv,A,..Cmnbridg::Invironmentai.com Donald J. Hamman Page 7 July 8, 2005 A recent study of asphalt-related emissions and off-site concentrations of i-12S has been performed by the North Carolina Division of Air Quality (NCDAQ. 2003). The NCDAQ used source and ambient monitoring near a hot-mix asphalt facility and a large liquid asphalt distribution terminal to assess odor conditions in a nearby neighborhood. Because there were two potential sources of H,S and odors in the area.a careful analysis was required to determine which source was responsible for any elevated H2S levels and odorous conditions. Although the two sources both handled liquid asphalt cement it was found that the asphalt distribution terminal was responsible for the vast majority of the H,S and odors in the area. and that the hot-mix asphalt facility(the type of facility similar in purpose to the proposed Yorkville one) was responsible for very little if any of the H,S and odors. The NCDAQ collected hourly H,S measurements at three monitoring sites near these facilities. The nearest site was only 30 meters (33 yards) from the asphalt terminal. the middle site was 200 meters (220 yards)away. and the farthest site was 400 meters (440 yards)away. The middle monitoring site was at approximately the distance from the plants as the nearest roadway is to the proposed Yorkville facility (175-200 yards). Over 4 months of monitoring at the middle site. H2S levels exceeded the odor threshold of 8 ppb used by the NCDAQ only 4 times and never reached NCDAQ the nuisance threshold of 40 ppb. The slightly elevated H,S levels occurred almost entirely during periods when the hot-mix asphalt facility was not operating and thus were not generally caused by this facility. Odor complaint records collected during the study further indicated that elevated H,S levels were not occurring when the hot-mix facility was in operation. The NCDAQ also modeled the emissions and dispersion of H2S from both facilities and found that the maximum estimated H2S concentration due to emissions from the hot-mix asphalt facility was 4.3 ppb at only 100 yards from the facility. This concentration is below the NCDAQ odor threshold of 8 ppb. Thus both the measured and modeled H,S levels from hot-mix asphalt facility were below the odor threshold. The hot-mix asphalt facility proposed for Yorkville, because of its advanced two drum design and volatile capture and destruction systems. should emit far less H,S than the older plant studied by the NCDAQ. The proposed Yorkville facility is also further from almost all residences than the North Carolina plants. Therefore the Yorkville hot-mix asphalt facility is far less likely to lead to elevated H,S levels and odorous conditions off-site than the hot-mix facility studied by the NCDAQ. Conclusions The hot-mix asphalt facility proposed for Yorkville will be a very modern plant with a novel two drum designed to capture and destroy most of the volatile odorous gases that are released from the hot asphalt cement. The Yorkville plant should emit much less 112S than typical facilities of Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeE•nvironmental.com Donald J. Hamman Page 8 July 8. 2005 older designs. Based on: the projected reduced emission rate of the proposed facility, the local meteorology and topology. the nearest possible distances and current sparsity of residences. and the results of a recent study of H,S levels at an older hot-mix asphalt facility. it may be concluded that there is a very low potential for the proposed facility to cause nuisance odors for the nearby residents. References ATSDR. 2004. Agency for Toxic Substances and Disease Registry, "Draft Toxicological Profile for Hydrogen Sulfide." September 2004. Available at: http://www.atsdr.cdc.gov/toxprofilesttp 114.htm I. NCDAQ, 2003. North Carolina Division of Air Quality,"Salisbury Air Quality Monitoring Study." August 29, 2003. Air Toxics Analytical Support Team Investigation numbers 01007 and 01008. Available at: http://daq.state.nc.us/toxics/studies/sal isbury/index.shtm I. OEHHA, 2000. California Office of Environmental Health I-lazard Assessment, "Hydrogen Sulfide: Evaluation of Current California Air Quality Standards with Respect to Protection of Children." September I, 2000. Available at: http://www.arb.ca.gov/ch/ceh/agstandards/oehhah2scontractorreport09I 200.pdf. Michael Ames. Sc.D. Senior Engineer Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmcntal.com Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com MICHAEL R. AMES, Sc. D. EDUCATION: 1995. Sc.D. Nuclear Engineering. Massachusetts Institute of Technology. Cambridge. MA Designed and implemented air sampling and analytical program for the study of ambient atmospheric mercury. Apportioned point and regional sources of particulate-phase mercury and other trace metals by receptor modeling. Studies in: atmospheric chemistry and physics, nuclear waste technology. environmental transport. nuclear reactor design, health physics. 1986. M..S. Nuclear Engineering. Massachusetts Institute of Technology. Cambridge. MA Characterized thermal and mechanical property changes of irradiated alloys for fusion first wall applications. Studies in: physical metallurgy. fracture mechanics. 1984. B.S. Nuclear Engineering. Massachusetts Institute of Technology. Cambridge. MA Studies in: nuclear and mechanical engineering, physics, nuclear plasma diagnostics. PROF-LSSIONAL EXPERIENCE: 2004-Present. Senior Engineer, Cambridge Environmental Inc., Cambridge, MA. 2000-2004. Associate Engineer. Cambridge Environmental Inc., Cambridge, MA. 1998-2000. Research Scientist, M.I.T. Center for Environmental Health Sciences, Cambridge, MA. 1995-1998. Postdoctoral Associate, M.I.T. Nuclear Reactor Laboratory, Cambridge, MA. Performed and supervised the sampling and elemental analysis of environmental materials by Instrumental Neutron Activation Analysis (INAA). Identified and apportioned sources of measured components by receptor modeling in a variety of environmental and source media. 1986-1990. Research Engineer, M.I.T. Nuclear Reactor Laboratory, Cambridge, MA. Designed, constructed, and operated in-core coolant corrosion testing loops to support worker dose reduction and corrosion controL PROFESSIONAL ORGANIZATIONS: American Nuclear Society American Chemical Society Sigma Xi ORIGINAL PUBLICATIONS AND REPORTS: Ames. M.R. and Zemba, S.G. (2004). Facility impact assessment of the Proposed Cell 5 of the Taunton Sanitary Landfill. Cambridge Environmental Inc. Zemba. S.G., Ames. M.R.. and Green. L.C. (2004). Risk assessment protocol for the evaluation of multi-pathway impacts of emissions from the Maine Energy Recovery Company Facility in Biddeford. Maine. Cambridge Environmental Inc. Armstrong, S.R.. Ames. M.R.. and Green. L.C. (2004). Is ambient hydrogen sulfide a risk to human health? Paper presented at the Water Environment Foundation and Air & Waste Management Association Odors and Air Emissions Speciality Conference, Bellevue. Washington. Ames. M. and Zemba. S.G. (2003). Interim risk evaluation and cumulative impact assessment of the proposed phased landfill development of the Town of Bourne Integrated Solid Waste Management Facility. Cambridge Environmental Inc. Crouch. E.A.C.. Zemba, S.G., Ames. M.R., and Green, L.C. (2002). Comments on Proposed Methodology for Particulate Matter Risk Analyses for Selected Urban Areas, by Abt Associates, January 2002. Cambridge Environmental Inc. Green. L.C. and Ames. M.R. (2002). Comments on the Draft Energy Plan written by the North Carolina Energy Policy Working Group, September 2002. Cambridge Environmental Inc. Ames. M. and Zemba. S.G. (2002). Interim risk evaluation and cumulative impact assessment of the proposed vertical expansion of the Granby Sanitary Landfill. Cambridge Environmental Inc. Zemba. S.G., Ames. M.R.. and Green. L.C. (2002). Particulate (composition) matter(s). Cambridge Environmental Inc. Alvarado, M.J., Ames, M.R., and Zemba. S.G. (2002). Risk evaluation of the proposed section 4 expansion of the Shrewsbury Ash Residue Landfill. Cambridge Environmental Inc. Green. L.C., Crouch, E.A.C.. Ames. M.R.. and Lash, T.L. (2002). What's wrong with the National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PMzs)? Regulatory Toxicology and Pharmacology 35:327-337. Ames. M.R., Zemba. S.G.. Yamartino, R.J., Valberg, P.A., and Green, L.C. (2002). Comments on "Using CALPUFF to Evaluate the Impacts of Power Plant Emissions in Illinois: Model Sensitivity and Implications." Atmospheric Environment 36:2263-2265. Alvarado, M.J., Ames. M.R.. and Zemba. S.G. (2002). Risk evaluation of the proposed Final Development Phase (FDP) of the CMW Landfill. Cambridge Environmental Inc. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgcEnvironmental.com Green, L.C., Ames. M.R., and Crouch. E.A.C. (2001). Comments on "Mortality Risk Reductions and Economic Benefits of Alternative SAMI Air Quality Strategies." Cambridge Environmental Inc. Crouch, E., Ames. M., and Green. L.C. (2001). A quantitative health risk assessment for the Kalamazoo River PCB site. Cambridge Environmental Inc. Prospero. J.M., Olmez. I.. and Ames, M.R.. (2000). Al and Fe in PM2.5 and PMI 0 suspended particles in South-Central Florida: the impact of the long range transport of african mineral dust. Water, Air and Soil Pollution 125:291-317. Ames. M.R., Gullu, G.. Beal. J.. and Olmez I. (2000). Receptor modeling for elemental source contributions to fine aerosols in New York state. Journal of the Air & Waste Management Association 50(5):881-8. Gone. J., Olmez, I.. and Ames. M.R. (2000). Size distribution and probable sources of trace elements in submicron atmospheric particulate material. Journal of Radioanalytical Nuclear Chemistry 244(1):133-139. Olmez, I.. Ames. M.R.. and Gullu. G. (1998). Canadian and U.S. sources impacting the atmospheric particulate mercury concentrations across New York state. Environmental Science & Technology 32:3048-3054. Hughes. L., Cass, G.R., Gone. J.. Ames, M.R.. and Olmez, I. (1998). Physical and chemical characterization of atmospheric ultrafine particles in the Los Angeles area. Environmental Science & Technology 32:1153-1161. Ames, M.R., Gullu, G., and Olmez, 1. (1998). A comparison of atmospheric mercury in the vapor- phase, and in fine and coarse particulate matter at Perch River, New York. Atmospheric Environment 32:865-872. Olmez. I. and Ames. M.R (1997). Atmospheric mercury: how much do we really know? Pure and Applied Chemistry 69:35-40. Ames, M., Olmez. I., Meier. S., and Galvin, P. (1994). A methodology for determining vapor phase mercury by instrumental neutron activation analysis. Managing Hazardous Air Pollutants: State of the Art. Eds. W. Chow and K. K. Conner. Lewis Publishers, Boca Raton. FL. Olmez, I., Ames. M.R.. Che, J., Meier. S. and Galvin. P. (1994). Elemental Composition of Charcoal Sorbents. Managing Hazardous Air Pollutants: State of the Art, Eds. W. Chow and K. K. Conner, Lewis Publishers, Boca Raton, FL. Olmez. I., Ames, M.R. and Aras. N.K. (1993). Mercury Determination in Environmental Materials: Methodology for Instrumental Neutron Activation Analysis. Conference proceedings: The Measurement of Toxic and Related Air Pollutants, U.S. Environmental Protection Agency, Durham, NC. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Kohse, G.E., Sanchez, R.G.. Driscoll. M.J.. Ames, M.R. and Harling, O.K. (1991). In-Pile PWR\Loop Coolant Chemistry Studies in Support of Dose Reduction. Conference proceedings: The Second JAIF International Conference on Water Chemistry, Fukui City, Japan. Harling. O.K.. Grant. N.J. Kohse, G.E.. Ames. M.R., Lee, T.-S. and Hobbs. L.W. (1987). Neutron Irradiation Scoping Study of Twenty-five Copper-Base Alloys. Journal of Materials' Research 2, No. 5. Kohse, G.E.. Ames, M.R. and Harling. O.K. (1986). Progress in Developing DBTT Determinations from Miniature Disk Bend Tests. Journal of Nuclear Materials 141-143:513- 517. Lee, T.-S.. Hobbs. L.W.. Kohse, G.E.. Ames. M.R., Harling. O.K. and Grant. N.J. (1986). Microstructural Evolution and Swelling of High Strength, High Conductivity RS-PM Copper Alloys Irradiated to 13.5 dpa with Neutrons, Journal of Nuclear Materials 141-143:179-183. Ames. M.R., Kohse. G.E.. Lee, T.-S.. Grant. N.J., and Harling, O.K. (1986). Mechanical property and conductivity changes in several copper alloys after 13.5 dpa neutron irradiation. Journal of Nuclear Materials 141-143:174-178. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com D5 HWY 30 III ._—_��� _... �� ._ Tr '. - : ' ' _ , . ,. , ,,..... _ ____04, rL 1 ` ROAD 1051i‘.......::::::‘All ! . , illikil I --_______ / . I�� _��V �,• iossore..... :: ,, , ------ � � R � Ql� qRp I r 7. `qp rrv ,_. _ _______- Po a ..._ .._, m . , 2 �� / u ORNEILS RD. ,. _16111111 IS� / (. 1�„..0,,,...._ "" __ _ _ ,_ .. --- • ICA[ ' \7. — a - lk. –wit 41 L ----= - re w BRISTOL" - w G��E� 43w l m ' •;-•` a Pow _. 1 ,� i i . , -- * ...... \ ,.,. 1 1 1 -1 -1 -Lowsr PoPv r .✓ `. FAXON RO -. rc; _..-.._ Pmoa•mm)k, / / �� - - `ROAD 130 .46.1; - Rr S.-, , ,- . `) 1 110111111, 44i . . -q . ... ... ... ._. ... ...,HvV..._ Y 3...._ , miniwill 116,........4 - 1111: 7.--------::, -,' : orquie,, , ,,/,--411: ,,, ,,, : _ 20 ROAD 125 f , R.N.A. - o Youth ?'rIn IR1 O ��� t-) ili (1 IO • �� �eOF G� " `5 Z -. - i inam===remlWillaik - , , , RIVER Coillii �_ votovER • ER l •*---.......- I MMON RD' RICHARD YOUNG YORKVILLE AND VAN ' FOREST PRESERVE KENDALL COUNTY ` "" __- . 1 FOREST PRESERVE \ ' IQ I I DISTRICT PROPERTY - - c----- .: LAND USE ACRES %OF STUDY AREA 0 , - '--- — - -- - K I ESTATE NEIGHBORHOOD 1,655.0 11.3% IA- v \ fi Nd I SUBURBAN NEIGHBORHOOD 5,434.0 36.9% u. TRANSITIONAL NEIGHBORHOOD 2,441.0 16.6% IVA-A- 4 �p��0 m I URBAN NEIGHBORHOOD 27.0 0.2% II I J TRADITIONAL NEIGHBORHOOD 208.00 1.4% I I I COMMERCIAL 1,269.0 8.6% if . I INDUSTRIAL 465.0 3.2% . 4.0% 1 OFFICE/RESEARCH/INDUSTRIAL 590 0 Ir PUBLIC/QUASI-PUBLIC" 195.0 1.3% I PARK/OPEN SPACE 2,425.0 16.5& " I EXISTING ROADS - - PROPOSED ROADS - - I'm" PROPOSED PLANNING AREA BOUNDARY - - * SELF DETERMINATION AREA PER - - SCHOPPE, DESIGN ASSOCIATES INC. YOKVILLE-OSWEGO BOUNDARY AGREEMENT Landscape Architecture and Land Planning * POTENTIAL METRA SITE - - TOTAL STUDY AREA 14,709.0 100.0% 126 S.MAIN STREET PH.(630)551-3355 0 1500' 3000' 6000' OSWEGO,IL 60543 FAX 1630)551-3639 0 I The United CityOf Yorkville NORTH Scale: 1"= ER 1 ,soc,,, Adopted: SEPTEMBER 10, 2002 - `�'- 800 Game Farm Rd. COMPREHENSIVE PLAN REVISED: , 2005 s --- Yorkville, IL 60560 UNITED CITY O F YO 1 \I VV I I � Base mappin com filed from best available information.All map 47..E,- 630-553-4350 g p ILLINOIS data should be considered as preliminary,in need of verification,and subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. ...% . . . , I ' i._._ • United City of Yorkville Land Use Plan . f Al 1[RNA IF METRA SUE RI AN • , .....-' . ,''- il.,•,,,,","..,- ) , • „ . , ( L, • •, *---r— -; ' • , ',,,, r - ;\ , 111,. ... ,,, ,• . -- ii. 1,..„. .; ' \I ir • .,./ \ . . 1, i • ,-- '. ;:':" ...,/1 ..-• . - , " r , . .....,. . r„ r ' .',,,,,,,,f',.‘ 'r'r,p'7";,,,i,-,,4, ,' ,.•;,,,,,,, 1 ,,,-; yl • • - -. 1/ ',.,,r;•:;,,-;."'4''''kn'i-•-,7r,'• ..-.' .-. .."1*tr,r77,,,,,: ' c I .., , ...r, .,,',;.-„,-,,,„, ,,,w,t,r,rmt,-,,;•,Arsr#-r„..-i..,,.;„ r.-..-- 1 ;,-,-,. , , • ,, , , \ '',1.',', •',.•;r4i,•;,,,,r,r•.'.,,t., ,.!.e.,,,, ,r.,,,• -,ti,t,Niti... •.,,,,h,,,,,,,,:,,,,,r- r., ; , ii V, .r.).:),, .e,.1; . iy:1:3/,,,,,,,,,,,,11;:,),1,),„,1, I \ \.:. 1- ),./.1%5./-' \ ' 11 ; I I ; , ;.` ,,,,/) ; ) 1, -- i 1 ,V,',11'If 'If I 7 lf I, '„:-,,,.$:,',„,„,tr,,..,,,,,,,--r,t,...,.'.r,e,,,,.,..:•6, ,,....,... . .),„.,.,- - 'ee'''''' , ,,,,,,,,,,,-,., .4'Irl'''..,?,ItS,'''1;t',/,;.•..",'','4.',,r,f.„:",, ., '''4'46:''''.4.;•.,,,t`,1.0.1".!-4.,;,.,,A,163:241., '10°141' N..'.. - ' '..,,','I/Pt'.,,,,,%,;1,a,1 1,-,,,,,,,, ''''I't''..d..4.,;!:,''''.4•".....V:j.,,,.'-'.0, r.,......„- ‘,,,,,‘\ , ...,. ' PI . , . ,.....,, 7 ' „rd./ w.‘ .. .----... ; ;1!.; f ,1,!111/‘ . 11' --- . * ;‘ ,,,,, . .,..,,.... ,,, \ I C,_,./\./ "'",.':‹41,,,„\..7'' .. I J 1 ''I.,',,' ''''" ' ,i- ; r_......_...L...",r..._ pp ; ( , p ; ,, \ t 11 ; `‘‘ ;,--- , .,.. . ,-- - --- 7 , .. r.....L., -...1 ,-----. .. ...,.. tr . ;,,,„ i , 7- , --'..-- , •, i -...... ',J.' , , •,,..„.• ......,,./ , 1 '-...._ _ 1 1-- i I- • , . • , et*;-- • • ••• •• , 1 ni 1__, ! ! , .00. •-• , . ; , •,,,__,,,. , , . •• ,..„7,,,,,, -4-74 .7-1-4--• • '; L... A......-%..,,% .......,i.........1 , +. - 4 .- .-,--'1 rr i 1 1 ; i r , .,.,, - - • ---... `-\ -'• i I ;_j_.• • , \ rei,„0500.......00\ ' " , 1 11 ' - a- ' 2000 1) 2000 4000 F eel • .rfr '"*"." ; """40.0./8"M"..............." "--r / 4/ /.......... flf It , i, , ; i ' 11 . \ VT' ,1' • 1,--ji \I N ---- '• ' \ . , . - 1 I , . i , . . . ,...,. „,, , uT f ir'FD c iE 'Y OF `YOR KVi(lf ,1L E Current and Pending Residential Development Key* Property/Development Name Developer Location Types of Units Units Acres Status Aspen Ridge Aspen Ridge 11sfates SW Corner of Pox Rd.and I avillion Rd. Single Family 218 126 Annexation and Zoning Preliminary Plan [states,TLC Autumn Creek Pulte I lorries Immediately W of Grande Reserve.N of RI.34 and S of Single Family 317 287 Annexation,and Zoning Approved Corner of Bristol Ridge Rd and Cannonball.IT. Town I lorries 258 Final Plat Unit I Under Review Bailey Meadows(Runge Property) Bailey Meadows W of SW Corner of Baseline Rd.and Rt.47 Single Family 189 150 Annexation,Zoning,Preliminary Plan Town I lomes 153 Approved Blackberry Woods McCue Builders S of SW Corner of Rt.34 and West Cannonball"I Single Iramily 53 60 Annexation,Zoning,and Preliminary PUD Stage Single Family 82 Briancood Triangle W of Rt 47,N of(ireenbriar Rd.,befsveen Sunflower Single Family 41 36.85 14.63%Built Out(6 units) Investments Istates and ISairre Gardens Single Family 467 630.9 Annexation,Zoning,and POD 1'relliminary Hi Bay Centex N and S otGalena Rd, between RI.47 and Cannonball Tr. Condominiums 624 Plan Review r I I tomes 802 Duplex 182 Hiummel&Garritano Properties Pulte Iloilo NW Corner of Rt.47 and Galena Rd. Single Family 879 579.45 Annexation,Zoning,and PUD Stage Town flumes 706 NW Corner of RI 47 and Our Northern Railroad Caledonia Inland Single Family 206 85.28 Final Plat Approved,Under Construction Tracks,Near I'.Ii.Wheaton Wyndham W Corner of Rt 71 and Pavillion Rd.,Stretching W to and Chally Property Deer poiut around I'avilliou Heights Single Family 234 154.1 Concept Plan Stage Cimarron Ridge Custom SC and SW Corner of RI 34 and West Cannonball Tr Single family 29 40.82 89.33%Built Out Duplex 46 (65 Units.2 Duplex) Cornetts Crossing Pacific I fomes I1 of NI1 corner of Rt.47 and Councils Rd. Single Family 31 15.35 Concept Plan Design Country I fills Dennis Dwyer,Me. Sof RI 71,W of Southern Conner of RI.71 and Rt. 126 Single Family 138 65.6 58.14%Built Out Duplex 34 (13 SF,87 Units) Single Family 33 34.71 93 5%Built Out Fox I lighlands Custom L or SI,corner of Rt 47 and Rt.71 Town I tomes 84 (1 SF, 114 Units) Duplex 6 •l Ids�iarr repo.oe. ,i�n,�J.-ai„pw�,r.ih:n a� xtill II icliII riiip- I. itl'_irc „� 1 , I 1 I.,cs N r crit it II..r the ' U l i E,D Li.TY W YORKVi[LL , Current and Pending Residential Development Key* - Property/Development Name Developer Location Types of Units Units Acres Status Single Family 228 287 98.02%Built Out(396 Units) Pox I fill SI/Corner of Lldanain Rd.and Rt.34 Town Homes 144 Unit 7:Rezone,Amend I'UD, Duplex 32 Annex Agreement Approved Single Family 200 302.6 Concept Plan/Pre-Conferences Pox River Bluff Inland NI:Corner oil lighpoint Rd.and Fox.Rd. Town I tones 0 Single Family 1324 1,127.30 Final Plats Approved for Units I-11 Grande Reserve Moser,MPIN of RI.34.I/attune Property(I finsdale Nursery),S of Duplex 394 1.51%Built Out(40 SF) Kennedy Rd_and W of Richard Dr_ 1 own I tones 632 Apartments 300 Greenbrier Custom W of Rt.47 Between Fox Road and RI.71 Single Family 166 166 82.5%Built Out Duplex 34 (I SF, 164 Units) I lams Farm Meadowbrook W of NW Corner olltl.47 and Rt.71 Single Fancily 348 161 Concept Plan Stage N of Pox River,Immediately li(tided 1,n.,Immediately W I feartland Circle Marker Single Family 250 129.546 37.2%Built Out(93 Units) of Puma Rd. I teartland Subdivision Marker SI'/Corner°FRI.34 and Mel lug])Rd Single Family 186 135.576 90.86%Built Out(169 Units) Inland Pacific Ifones Immediately S of cumer OF Galena Rd.and Cannonball Tr. Single family 184 119.11 Preliminary flat F,and W of Cannonball Tr. Kendatlwood Estates of Yorkville- Kendall Land N of Rt 126,N to just below Van 1/moron Rd.,and Willman Property Development.1,1,C directly across from Witdwood Single Family 70 37.58 Preliminary Plan Kylyn's Crossing West AMG I Ionics SW Corner of Faxon Road and West Cannonball Tr. Single Family I 1 1 56.6 92.79%Built Out(103 Units) S of Faxon Rd.,W of West Cannonball Tr.and Kylyn's Ky4yn's Ridge AMG f loves Single Family 134 70 100%Built Out(134 Units) Crossing West Lee Farm Mrnualbano I'/of SIS Cornet of RI 47 and Anent Rd. Single Fancily 293 155.825 Annexation,Zoning,Preliminary PUD Stage Immediately S ofJewel,N of Walnut SI.,IS 0'121.47,W of Longloid Lakes Montalhano Mel high Rd. Town I Ionics 62 13.6 84%Built Out(52 Units) McKinnon Para York Venture,1.1,C N Corner()URI.71 and Rt. 126 Single Family 774 449 Concept Plan Design Condon iniums 386 `/ 4i" \�, ~ 1 de�elpiiicnl.c mil suhli�ivimis iii the iit�_ "—. u ��1r ro as f Y. OF `YOOJ'KK Y II LJL H Current and Pending Residential Development Key* Property/Development Name Developer Location Types of Units Units Acres Status Single Fancily 599 724.59 Concept Plan Design [!to RI.47,W to Immanuel Rd_N past Amen'.and S past Duplex 156 Moser South(Tuttle.Burkhart.Kuhn,and I loll) Moser,MPI Walker Rd. Town I Ionics 757 Multi-Family 230 Prairie Gardens S RV,,K Development W of Rt.47,between Fox Road and Rt.71(N of LLC Grcenbriar) Senior I fomes 56 24.2 94.64%Built Out(53 Units) Prairie Meadows(Mcnauls Menard's-AMC I:of Menards,Stretching N to Kennedy Rd.and W to RI. Single Family 18 142.2 Final flat Approved I 47 Single Family 145 Under Construction Multi-Fancily 268 3.94%Built Out(6 SF of"18", 11 SF of Lots 18 r) Mallard Prestwick or Yorkville-(Stewart Farm) SW Corner ofAshlev Rd.and 84126 Single Family 345 193.8 Preliminary Plan Development S of RI.71 Between Rt.47 and RL 126(Immediately S Single Family 404 320 Final Plats Units 1-3 Approved Raintree Village Concord,Lennar and surrounding Country I tills Duplex 128 26.5%Built Out(131 SF, 10 DU) Town I tomes 128 Immediately I.';of Jewel,L ol'Market Place Dr.and W of Reserve at the Fox River Apts. PRS Mel Iugh Rd. Apartments 132 9.5 Under Construction,0%Built Out River's Edge The Windham N of W.Fox SI.,Immediately W of While Oak I'slates Single Fancily 166 96.906 81.33%Built Out(135 Units) Group G of NE Corner DCBE 34 and I:Idamain Rd,and N of Pot Single Fancily 120 270.6 Preliminary Engineering Review Rob Roy Falls Sexton 11111 Condominiums 174 'town I Ionics 204 Silver Fox Subdivision Midwest S of Fox Rd.,I)of SI:corner of Pavillion Rd and Fox Rd. Single Family 187 102.7 Annexation and Zoning Preliminary Plan NW corner of Rt.71 and RI.47,Immediately of Sunflower Fstales William Ryan Single family 117 65.19 94.87%Built Out(III Units) (iecnbriar TangleWood-Tanglewood Trails Tanglewood Last Side oil lighpoint Rd..S of Legion Single Family 39 67 1.5 smile review and Annexation Approved TangleWood-Iivergreen Farm Tanglewood SIS Corner of Fox Rd.and Pavillion Rd. Single Family 112 49 Concept Plan Completed W of SW Corner of Rt.47 and Rt.71,Across from Villas at the Preserve Burnside Duplex 84 23.95 Annexation,Zoning,PUD,Preliminary Plan Stage Sunflower I'slates Westbury Village Ocean Allanlic SW Corner ofGalena Rd.and RI.47 Single Family 293 300 Annexation,PUD, Town I tomes 605 Prelim.Plan Approved 3 eN�,� iti Cir1E � 01'1- OF ORiK `y ]i WE Current and Pending Residential Development Key* Property/Development Name Developer I,ocation Types of Units Units Acres Status Whispering Meadows Kimball I Iill I Ionres N of corner of W Cannonball 47 and Eason Rd..S of Single family 445 297.6 5.62%Built Out(25 Units),final Plats 1-4 Burlington Northern RR'I racks Approved White Oak I'states N of W.Eos St.,W ot'Morgan St_ Single family 94 113.776 91,49%Built Out(86 Units) While Pine farms-konicek Property Tanglewood NI{Corner of Galena Rd.and IJdamain Rd, Single Family 218 283 Concept Plan Stage Town I tomes 242 Wildwood Custom [,of NCcorner of Rt 47 and Kt_71 Single Family 271 187.769 98.38%Built Out(424 Units),Prelim.Plans for Multi-family I(,0 More Phases Complete,Build Oul TBD I?and SF of corner of Ri 47 and Legion Road,N of Winded Ridge Wiseman Hughes Amcnf Rd_ Single family 280 163 13.21%Built Out(37 SF) N ofNli Corner ofAment Road and Ri.47.Immediately S Winded Ridge II Wiseman Ilughes Town!tomes 198 91.79 Concept Plan Design and Contiguous to Windell Ridge Wyndham S of SI,,Corner of Rt.47 and RI.71.Immediately W of Wynstone"fownhomes Town Ilomes 56 9.64 PUD Stage Deerpoml fox I lighlands York Wood stales- Kimball I till Homes S of Rt 71,between I lighpoinl Rd.and I'avillion Rd. Single family 198 178.3 Concept Plan Stage I Tarry Anderson Farm Yorkville Senior Apartments Supportive Living. W of Rt.47,S ofGIcenbriar Rd.N of Sunflower listales Apartments 50 3.48 PUD Agreement Approved LTC Single Family Total- 11236 Condominium Total- 1 184 'Intal Units on Key Estimated Units Still Multi-Family'l'otal- 658 Town Ilomes'1'otal- 5031 19743 TO Be Constructed Duplex Total- 1096 SeniorItomes'I'otal- 56 17274 Apartment Total- 482 iiIinI na,: July 18, 2005 Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 Re: Proposal for TIF Services—Downtown Yorkville Dear Mr. Graff: URS Corporation ("URS") is pleased to submit a proposal for professional consulting services to the United City of Yorkville (the "City") related to the potential establishment of a tax increment financing district for the central business district area of Yorkville that is generally bounded by the Fox River on the north, frontage along Van Emmon and Fox Streets on the south, the termi- nus of River Street on the west and the corporate boundary intersecting Van Emmon Street on the east (the "Study Area"). URS has had the pleasure of working with Yorkville on both the Fox Industrial Park TIF District and the Countryside Shopping Center TIF District and we look forward to the opportunity of working with you on the proposed downtown TIF district. For your convenient reference, URS Corporation is a professional consulting firm offering a full range of planning, design, engineering, economic development, and development management services to both public and private clients. As a leader in the area of Tax Increment Financing, URS Corporation has served as a professional advisor to more than 50 communities throughout Illinois, resulting in the adoption of over 130 TIF projects throughout the state. Our Project Team has extensive experience in TIF, with special expertise in the utilization of tax increment financ- ing as a strategic tool in the implementation of Central Business District and Downtown revitali- zation projects. Having assisted the City of Yorkville on two existing TIF Districts, we are quite familiar with conditions and potentials in the community. We have worked in a number of other communities that have similar mixed-use areas, redevelopment opportunities, and economic de- velopment challenges associated with their downtown areas including McHenry, Park Ridge, Elgin, Lemont, Oak Park, Morton Grove, and Romeoville. APPROACH AND PROPOSED SCOPE OF WORK URS, in cooperation with representatives of the City, will provide technical and professional as- sistance in the management of the tax increment financing process, including preliminary analy- sis of tax increment revenue potential, completion of reports documenting eligibility of the pro- posed project area, and preparation of the redevelopment plan. In addition, URS will participate in presenting project study findings and plans at public meetings with representatives of the City. The first phase will be limited to surveys and analyses of project eligibility that will yield a pre- liminary finding on whether all or a portion of the Study Area will qualify as a potential TIF Dis- trict to assist the City in determining whether to proceed further. The first phase also includes a task that will assess whether a Housing Impact Study will be required as part of the TIF process URS 122 South Michigan Avenue,Suite 1920 Chicago, IL 60603 Tel:312.939.1000 Fax:312.939.4198 • per state statute. This proposal identifies tasks and cost estimates associated with a housing im- pact study, should it be required. Once eligibility is established and the City has provided authorization to proceed, the second phase of work will include (i) a preliminary analysis of timing, type, and scale of potential rede- velopment potential and (ii) estimates of the potential flow of incremental property tax revenues that could be generated as a result of redevelopment and the implementation of the TIF redevel- opment plan. The second phase will also include the preparation of draft reports, including the Project Eligibility Report and Redevelopment Plan. Based on the amount and location of housing units within the Study Area, it is anticipated that a Housing Impact Study will be required. The Housing Impact Study, Eligibility Report, and Redevelopment Plan are required to initiate the public hearing process and to serve as a basis for consideration of the City's adoptive ordinances. The third phase consists of finalizing reports and proceeding with the required meeting with local taxing districts and the public hearing,concluding with City action on adopting ordinances. Proposed Scope of Services Phase I Task 100: Project Scheduling and Initiation Meeting A project initiation meeting will be held to set the framework of the study. The purposes of this meeting are to (a) review the overall study objectives; (b)refine, as deemed necessary, the work program for the study; (c) resolve any questions regarding contract interpretation; (d) establish a firm basis for all participants working together to complete the assignment in an orderly manner; (e) secure available data, plans and studies which will be useful in completing the assignment; (f)flag any potential conflicts of interest for representatives of the City; and (g) initiate the interested parties registry process. Task 101: Assessment of Economic Development Initiatives URS, with the assistance of City staff and other local economic development representatives, will research and review the economic development initiatives that have been utilized by the City to date. This information will be incorporated into the Redevelopment Plan as part of the overall revitalization strategy. Task 102: Eligibility Surveys &Analysis Surveys and analyses will be undertaken to record and assess existing conditions in the Study Area and to provide the City with the documentation required to support a finding regarding all or portions of the Study Area's eligibility as a TIF Redevelopment Project Area. Analyses will include: • Exterior survey of the condition and use of each building; • Examination of platting,taxpayer of record and tax delinquencies; • Field survey of site conditions covering roadways, lighting, parking facilities, landscap- ing,fences and walls, and general property maintenance; • Analysis of existing uses and their relationships; • Comparison of current land use to current zoning ordinance provisions and the current zoning map; DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 2 City of Yorkville July 18, 2005 • Analysis of original and current platting, air photos for building size and layout; • Analysis of vacant sites and vacant buildings; • Analysis of building floor area and site coverage; and • Review of previously prepared plans, studies and data. In addition to the above, data and reports covering building code violations and building permits for the last five years within the Study Area as researched and provided by the City will be reviewed and correlated with other summary data and findings. Data available from secondary sources with respect to building age, extent and/or history of occu- pancy/vacancies, date of most recent renovation,physical deterioration, and obsolescence, etc. will be collected and reviewed. Findings from the survey and analysis will be documented and recorded through maps, survey forms, tables, photographs, and/or charts. URS will utilize all the data, surveys, photos and analy- ses in documenting the conditions that exist within the Study Area which warrant designation of all or portions of the area as a redevelopment project area in accordance with provisions of the Illinois Tax Increment Allocation Redevelopment Act. Task 103: Housing Impact Assessment To determine the need for a full Housing Impact Study, a preliminary assessment must be made with regard to the residential properties in the proposed Study Area. This task will include an as- sessment of the Study Area to determine (i)the number of inhabited residential units; (ii) what dis- placement of residents from inhabited units,if any,may occur as a result of the redevelopment plan; and(iii)whether or not a Housing Impact Study is required. As of November 1, 1999, the Act requires that the redevelopment plan estimate the number of inhabited residential units that will be displaced as a result of implementation of the redevelopment plan. If this estimate includes 10 or more inhabited residential units, or if the proposed redevelopment project area contains 75 or more inhabited residential units (and the City is unable to certify that no displacement will occur),then i) a Housing Impact Study must be conducted and ii)a community meeting must be held during the process of considering the adoption of a TIF district. Task 104: Memorandum of Findings and Progress Meeting A memorandum of findings will be prepared that summarizes the eligibility surveys and analyses conducted and the resulting findings. A meeting will be held with representatives of the City (i) to review the findings of eligibility for the Study Area and(ii)to secure agreement on proceeding with the next phase, which will involve estimates of potential redevelopment and property tax increment and preparation of a draft housing impact study, eligibility report and redevelopment plan for the proposed redevelopment project area. Phase II Task 200: Review TIF Project Scope and Potential URS, with assistance from representatives of the City, will prepare a preliminary listing of required public improvements and facilities, and alternative program proposals covering acquisition, site preparation, public infrastructure improvements, rehabilitation and new development, etc. within the Study Area. Representatives of the City will assist URS in identification of the type, amount and timing of estimated private investment in new development, and securing current cost estimates for required public improvements and facilities. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 3 City of Yorkville July 18, 2005 • The project scope and potential identified as part of this task will provide the basis for the Preliminary TIF Analysis to be prepared as part of Task 201. Task 201: Preliminary Tax Increment Financing Analysis A preliminary tax increment financing analysis, which estimates incremental property taxes ("Incremental Taxes"),will be prepared for review and consideration by the City. This will include: • Collection and review of assessment data maintained by the county on assessed and equal- ized assessed value for the Study Area and the City, including: a) Assessed Values and Equalized Assessed Values for the properties within the Study Area for the most current assessment year and the previous five years. b) Assessed Values and Equalized Assessed Values for the City for the most current assess- ment year and the previous five years. • An overview of assumptions and preliminary estimates of potential annual incremental prop- erty tax revenues based on the project scope identified in Task 200. • An overview of redevelopment project costs to include in the listing of total redevelopment project costs of the redevelopment plan(Task 204). It is anticipated that two iterations of the tax increment financing analysis will be required to test alternative assumptions. Task 202: Progress Meeting/Conference Call A meeting or conference call with representatives of the City will be held to review the preliminary tax increment financing analysis prepared for Tasks 200 and 201 above. Task 203: Part 2 of the Housing Impact Study Part II of the housing impact study shall identify the inhabited residential units in the proposed redevelopment project area that are to be or may be removed. If inhabited residential units are to be removed,then the housing impact study shall identify(i)the number and location of those units that will or may be removed, (ii)the municipality's plans for relocation assistance for those residents in the proposed redevelopment project area whose residences are to be removed, (iii) the availability of replacement housing for those residents whose residences may be removed, and shall identify the type, location, and cost of the housing, and (iv) the type and extent of relocation assistance to be provided. This task will include collection and analysis of secondary source data to identify the number and percentages of households with moderate, low and very low incomes as set forth in the Illinois Affordable Housing Act. Task 204: Community Meeting A meeting with representatives of the City and the Consultant will be held to advise the public as to the City's possible intent to prepare a redevelopment plan and designate a redevelopment pro- ject area and to receive public comment. Notices should be given by regular mail to taxing dis- tricts having real property in the Project Area, taxpayers who own property in the Project Area and residents in the Project Area. The City will be responsible for all notices by mail and publi- cations associated with the community meeting. Task 205: Draft Housing Impact Report A draft report describing the methodology and criteria used and the findings of the survey and analysis of housing impact will be prepared for review by representatives of the City. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 4 City of Yorkville July 18, 2005 Task 206: Draft Eligibility Report A draft report, describing the methodology and criteria used and the findings of the survey and analysis of project eligibility,will be prepared for review with the staff members of the City. Task 207: Draft Redevelopment Plan A preliminary Redevelopment Plan will be prepared in draft form for review and consideration by the City. The preliminary plan will conform to the requirements set forth in the Illinois Tax Increment Allocation Redevelopment Act and include the following: (a) description of the proposed development project area; (b) statement of goals and objectives; (c) summary of conditions found to exist which warrant designation of all or parts of the project as either a "conservation area" or a "blighted area"; (d) a description of plan and project objectives and redevelopment activities; (e) a general land-use plan; (0 redevelopment and design controls; (g) summary of redevelopment project costs; (h) description of sources of funds to pay redevelopment costs and the types of obligations which may be issued; (i) statement on the lack of growth and development through investment by private enterprise; (j) summary description of the financial impact of the redevelopment project; (k)preliminary assessment of demand on taxing district services; (I) statement on the City's program to address financial and service impacts; and(m) a statement of impact on inhabited residential units. The Housing Impact Study and Eligibility Report, prepared as part of Tasks 205 and 206, will be included as exhibits to the Redevelopment Plan. A legal boundary description of the Redevelopment Project Area must be secured by the City for review by the Consultant. Task 208: Progress Meeting A meeting with representatives of the City will be held to review draft reports prepared as part of this Phase, and to secure agreement to initiate the public hearing process. Phase III Task 300: Initiate Public Hearing Process The Consultant will be responsible for securing (i) current taxpayer data from taxpayer informa- tion available at the Office of the Kendall County treasurer; (ii)in the event taxes for the last pre- ceding year were not paid, the name and address of the persons last listed on the tax rolls within the preceding three years as the taxpayers of such property; and (iii) residential housing unit ad- dresses within the Study Area. and within 750 feet of the Project Area, or the 750 closest residential units. The Consultant will provide electronic and hard copy versions of all mailing lists. The City will be responsible for making a good faith effort to collect residential housing unit ad- dresses within 750 feet of the Study Area. The City will be responsible for all notices by mail and publications associated with the public hearing process. Notices are required to be sent by certified mail or regular mail (as provided by law) to: all taxing districts; all taxpayers of re- cord and residential addresses within the Study Area; to all residents located within 750 feet out- side of the Study Area boundary; and to all interested parties listed on the Interested Parties Registry created for the Study Area. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 5 City of Yorkville July 18, 2005 • Task 301: Prepare Final Reports Draft reports prepared as part of Phase II, will be refined and prepared in final form for delivery to the City. URS will provide up to 20 bound copies and one unbound copy of the final report to the City. Additional copies will be charged as a direct additional expense. Task 302: Joint Review Board Meeting and Public Hearing URS will assist the City in preparing for, and will participate in, 1) a meeting with the Joint Review Board; and 2) a public hearing on the proposed Redevelopment Project designation and proposed Redevelopment Plan. Task 303: City Action on TIF Ordinances The following ordinances will be prepared by the City Attorney or designated counsel for introduc- tion and consideration by the City Council: (1) approving the Tax Increment Redevelopment Plan; (2) designating the Tax Increment Redevelopment Project Area; and (3) adopting Tax Increment Financing for the Redevelopment Project Area. MEETINGS URS will participate in the following: 1. A project initiation meeting or conference call with representatives of the City to launch the project and to coordinate various public process steps. 2. A meeting with City representatives to review preliminary findings of the project eligi- bility. 3. A meeting or conference call with City representatives to review preliminary analysis of tax increment financing and incremental revenue estimates. 4. A meeting with City staff members to review findings and draft reports prepared by URS, including: (a) Project Area Eligibility Report; (b) Housing Impact Study; and (c) Project Area Redevelopment Plan. 5. Meeting with representatives of local taxing districts (the Joint Review Board)to review the eligibility and scope of the proposed redevelopment project. 6. A public hearing on the proposed Project Area Redevelopment Project and Plan. Additional Services and Meetings Over the course of the assignment, additional services may be requested by or required by the City of Yorkville. Services could include additional meetings and work associated with boundary changes, Phase I or Phase II environmental analysis, crossing into a new tax year, additional re- search and analysis associated with changes to the development program, delays that require updat- ing data, mapping, or additional meetings, and any other services not identified in the scope of ser- vices. Any additional service requested or required will be submitted to the City for authorization prior to its completion. The scope of services includes time and expenses associated with two iterations of the draft docu- ments. Additional revisions or extended delays in receiving comments and changes to the docu- ments will result in additional services. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 6 City of Yorkville July 18, 2005 The Consultant will participate in additional meetings and will complete other work assignments leading to City action on adoptive ordinances as authorized by the City. All additional work will be billed on the basis of the hourly rates indicated plus reimbursement for"out-of-pocket"cost.Hourly billing rates in effect are listed as follows: Principal $120.00 -$130.00 Senior Project Planner $100.00 -$110.00 Senior Urban Planner $75.00 -$95.00 Urban Planner $ 55.00 -$70.00 Technical &Clerical $45.00 Cost and Schedule The estimated cost and schedule for completing each phase of the Scope of Services is presented below. Adherence to the time frames for each phase is dependent upon timely provision of information and documents from Kendall County and the City, as well as timely authorization to proceed with each successive phase. A. Professional Fees and Time Frame TIF Housing Impact Total Timing Phase I $13,250 $2,000 $15,250 45-60 days Phase II $13,250 $5,000 $18,250 60-75 days Phase III $4,375 $1,375 $5,750 60-90 days Expenses $750* Total $31,500 $8,500 $40,000 6- 71/2 months *In addition to professional fees, reasonable and customary out of pocket expenses are estimated at approximately$750. Out of pocket expenses are expected to include travel,data fees,copying and graphic fees and any secondary data that may need to be purchased. Any expenses that may be required above$750 will be submitted to the City for authorization prior to being incurred. B. City Expenses As a point of information, URS advises that throughout the course of the TIF project, the City will be required to incur various administrative costs. These costs include, but are not limited to, the costs of certified mailings, publication of notices, preparation of a legal description of the TIF boundary and advisory services of legal counsel regarding ordinances, resolutions, and public notices. C. Professional Services Agreement In addition to this proposal, we have attached a professional services agreement for your review. Please contact us with any questions or comments regarding this proposal and/or professional services agreement. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 7 City of Yorkville July 18, 2005 • If this proposal and attached professional services agreement meet with your approval, please contact me at 312.596.6759 and we will send two final signed copies of the professional services agreement for signature by an authorized representative of the City. Very truly yours, URS Lisa M.Lyon Principal DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 8 City of Yorkville July 18, 2005 AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") This Agreement between United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, 630.553.4350 , ("Client") and URS Corporation ("URS"), a Nevada corporation; 122 S. Michigan, Suite 1920, Chicago, IL 60603, 312.939.1000 ("URS"), is effective as of . The parties agree as follows: It is the expressed intent of the parties that this Agreement shall be made available to the subsidiaries and affiliated companies of URS. For the purposes of this Agreement, as it applies to each Work Order, the term "URS" shall mean either, URS Corporation , or the affiliated company identified in the Work Order. The applicable Work Order shall clearly identify the legal name of the affiliate or subsidiary accepting the Work Order. ARTICLE I -Work Orders. The Scope of Services ("Services"), the Time Schedule and the Charges are to be set forth in a written Work Order to this Agreement. The terms and conditions of this Agreement shall apply to each Work Order, except to the extent expressly modified by the Work Order. Where charges are "not to exceed" a specified sum, URS shall notify Client before such sum is exceeded and shall not continue to provide the Services beyond such sum unless Client authorizes an increase in the sum. If a "not to exceed" sum is broken down into budgets for specific tasks, the task budget may be exceeded without Client authorization as long as the total sum is not exceeded. Changes in conditions, including, without limitation, changes in laws or regulations occurring after the budget is established or other circumstances beyond URS control shall be a basis for equitable adjustments in the budget and schedule. ARTICLE II - Payment. Unless otherwise stated in an Work Order, payment shall be on a time and materials basis under the Schedule of Fees and Charges in effect when the Services are performed. Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. If payment is not maintained on a thirty (30) day current basis, URS may suspend further performance until payments are current. Client shall notify URS of any disputed amount within fifteen (15) days from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount. Client shall pay an additional charge of one and one-half percent (11%) per month or the maximum percentage allowed by law, whichever is the lesser, for any past due amount. In the event of a legal action for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the prevailing party. ARTICLE III - Professional Responsibility. URS is obligated to comply with applicable standards of professional care in the performance of the Services. Client recognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care. URS is not responsible for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action that may be taken in controlling, preventing, suppressing or in any way relating to an act of terrorism. ARTICLE IV - Responsibility for Others. URS shall be responsible to Client for URS Services and the services of URS subcontractors. URS shall not be responsible for the acts or omissions of other parties engaged by Client nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs. ARTICLE V- Risk Allocation. The liability of URS, its employees, agents and subcontractors (referred to collectively in this Article as "URS"), for Client's claims of loss, injury, death, damage, or expense, including, without limitation, Client's claims of contribution and indemnification, express or implied, with respect to third party claims relating to services rendered or obligations imposed under this Agreement, including all Work Orders, shall not exceed in the aggregate: PSA-1.DOC(Rev. 1) 30-AUG-04 - 1 - (1) The total sum of $250,000 for claims arising out of professional negligence, including errors, omissions, or other professional acts, and including unintentional breach of contract; and any actual or potential environmental pollution or contamination, including, without limitation, any actual or threatened release of toxic, irritant, pollutant, or waste gases, liquids, or solid materials, or failure to detect or properly evaluate the presence of such substances, except to the extent such release, threatened release, or failure to detect or evaluate is caused by the willful misconduct of URS;or (2) The total sum of $1,000,000 for claims arising out of negligence, breach of contract, or other causes for which URS has any legal liability, other than as limited by(1) above. ARTICLE VI - Insurance. URS agrees to maintain during the performance of the Services: (1) statutory Workers' Compensation coverage; (2) Employer's Liability; (3) General Liability; and (4) Automobile Liability insurance coverage each in the sum of$1,000,000. ARTICLE VII - Consequential Damages. Neither Party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them. ARTICLE VIII - Client Responsibility. Client shall: (1) provide URS, in writing, all information relating to Client's requirements for the project; (2) correctly identify to URS, the location of subsurface structures, such as pipes, tanks, cables and utilities; (3) notify URS of any potential hazardous substances or other health and safety hazard or condition known to Client existing on or near the project site; (4) give URS prompt written notice of any suspected deficiency in the Services; and (5) with reasonable promptness, provide required approvals and decisions. In the event that URS is requested by Client or is required by subpoena to produce documents or give testimony in any action or proceeding to which Client is a party and URS is not a party, Client shall pay URS for any time and expenses required in connection therewith, including reasonable attorney's fees. Client shall reimburse URS for all taxes, duties and levies such as Sales, Use, Value Added Taxes, Deemed Profits Taxes, and other similar taxes which are added to or deducted from the value of URS Services. For the purpose of this Article such taxes shall not include taxes imposed on URS net income, and employer or employee payroll taxes levied by any United States taxing authority, or the taxing authorities of the countries or any agency or subdivision thereof in which URS subsidiaries, affiliates, or divisions are permanently domiciled. It is agreed and understood that these net income, employer or employee payroll taxes are included in the unit prices or lump sum to be paid URS under the respective Work Order. ARTICLE IX- Force Majeure. An event of"Force Majeure"occurs when an event beyond the control of the Party claiming Force Majeure prevents such Party from fulfilling its obligations. An event of Force Majeure includes, without limitation, acts of God (including floods, hurricanes and other adverse weather), war, riot, civil disorder, acts of terrorism, disease, epidemic, strikes and labor disputes, actions or inactions of government or other authorities, law enforcement actions, curfews, closure of transportation systems or other unusual travel difficulties,or inability to provide a safe working environment for employees. In the event of Force Majeure, the obligations of URS to perform the Services shall be suspended for the duration of the event of Force Majeure. In such event, URS shall be equitably compensated for time expended and expenses incurred during the event of Force Majeure and the schedule shall be extended by a like number of days as the event of Force Majeure. If Services are suspended for thirty(30) days or more, URS may, in its sole discretion, upon 5 days prior written notice, terminate this Agreement or the affected Work Order, or both. In the case of such termination, in addition to the compensation and time extension set forth above, URS shall be compensated for all reasonable termination expenses. ARTICLE X - Right of Entry. Client grants to URS, and, if the project site is not owned by Client, warrants that permission has been granted for, a right of entry from time to time by URS, its employees, agents and subcontractors, upon the project site for the purpose of providing the Services. Client recognizes that the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the area being studied,despite the use of reasonable care. PSA-1.DOC(Rev.1) 30-AUG-04 -2- ARTICLE XI - Documents. Provided that URS has been paid for the Services, Client shall have the right to use the documents, maps, photographs, drawings and specifications resulting from URS efforts on the project. Reuse of any such materials by Client on any extension of this project or any other project without the written authorization of URS shall be at Client's sole risk. URS shall have the right to retain copies of all such materials. URS retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services. ARTICLE XII -Termination. Client may terminate all or any portion of the Services for convenience, at its option, by sending a written Notice to URS. Either party can terminate this Agreement or a Work Order for cause if the other commits a material, uncured breach of this Agreement or becomes insolvent. Termination for cause shall be effective twenty (20) days after receipt of a Notice of Termination, unless a later date is specified in the Notice. The Notice of Termination for cause shall contain specific reasons for termination and both parties shall cooperate in good faith to cure the causes for termination stated in the Notice. Termination shall not be effective if reasonable action to cure the breach has been taken before the effective date of the termination. Client shall pay URS upon invoice for Services performed and charges incurred prior to termination, plus reasonable termination charges. In the event of termination for cause, the parties shall have their remedies at law as to any other rights and obligations between them, subject to the other terms and conditions of this Agreement. ARTICLE XIII - No Third Party Rights. This Agreement shall not create any rights or benefits to parties other than Client and URS. No third party shall have the right to rely on URS opinions rendered in connection with the Services without the written consent of URS and the third party's agreement to be bound to the same conditions and limitations as Client. ARTICLE XIV - Assignments. Neither party to this Agreement shall assign its duties and obligations hereunder without the prior written consent of the other party. ARTICLE XV - Hazardous Substances. All nonhazardous samples and by-products from sampling processes in connection with the Services shall be disposed of by URS in accordance with applicable law; provided, however, that any and all such materials, including wastes, that cannot be introduced back into the environment under existing law without additional treatment, and all hazardous wastes, radioactive wastes, or hazardous substances ("Hazardous Substances") related to the Services, shall be packaged in accordance with the applicable law by URS and turned over to Client for appropriate disposal. URS shall not arrange or otherwise dispose of Hazardous Substances under this Agreement. URS, at Client's request, may assist Client in identifying appropriate alternatives for off-site treatment, storage or disposal of the Hazardous Substances, but URS shall not make any independent determination relating to the selection of a treatment, storage, or disposal facility nor subcontract such activities through transporters or others. Client shall sign all necessary manifests for the disposal of Hazardous Substances. If Client requires: (1) URS agents or employees to sign such manifests; or (2) URS to hire, for Client, the Hazardous Substances transportation, treatment, or disposal contractor, then for these two purposes, URS shall be considered to act as Client's agent so that URS will not be considered to be a generator, transporter, or disposer of such substances or considered to be the arranger for disposal of Hazardous Substances, and Client shall indemnify URS against any claim or loss resulting from such signing. ARTICLE XVI - Venue. In the event of any dispute between the parties to this Agreement, the venue for the dispute resolution shall be any state or federal court in the United States having jurisdiction over the parties. The foregoing notwithstanding, if the project is located outside the United States, the laws of the State of California shall govern and in such event, any dispute under the Agreement not resolved amicably shall be resolved under the binding rules of the American Arbitration Association. ARTICLE XVII - Integrated Writing and Enforceability. This Agreement constitutes the final and complete repository of the agreements between Client and URS relating to the Services and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. Modifications of this Agreement shall not be binding unless made in writing and signed by an Authorized Representative of each party. The provisions of this Agreement shall be enforced to the fullest extent permitted by law. If any provision of this Agreement is found to be invalid or unenforceable, the provision shall be construed and applied in a way that comes as close as possible to expressing the intention of the parties with regard to the provisions and that saves the validity and enforceability of the provision. PSA-1.DOC(Rev. 1) 30-AUG-04 -3 - THE PARTIES ACKNOWLEDGE that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound accordingly. CLIENT URS Signature Signature Typed Name/Title Typed Name/Title Date of Signature Date of Signature PSA-1.DOC(Rev.1) 30-AUG-04 -4- TIME AND MATERIALS WORK ORDER NO. 1 In accordance with the Agreement for Professional Services between United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, 630.553.4350 ("Client"), and URS Corporation ("URS"). a Nevada corporation, dated ,this Work Order describes the Services, Schedule, and Payment Conditions for URS Services on the Project known as: United City of Yorkville Downtown TIF Project Client Authorized Representative: Address: Telephone No.: URS Authorized Representative: Lisa Lyon Address: 122 S. Michigan, Suite 1920 Chicago, IL 60603 Telephone No.:312.596.6759 SERVICES. The Services shall be described in Attachment 1 to this Work Order. SCHEDULE. The Estimated Schedule shall be set forth in Attachment 1 to this Work Order. Because of the uncertainties inherent in the Services, Schedules are estimated and are subject to revision unless otherwise specifically described herein. PAYMENT. Payment of $0 is due upon signature of this Work Order and will be applied against the final invoice for this Work Order. URS charges shall be on a "time and materials" basis and shall be in accordance with the URS Schedule of Fees and Charges in effect at the time the Services are performed. Payment provisions and the URS current Schedule of Fees and Charges are attached to this Work Order as Attachment 1 TERMS AND CONDITIONS. The terms and conditions of the Agreement referenced above shall apply to this Work Order, except as expressly modified herein. ACCEPTANCE of the terms of this Work Order is acknowledged by the following signatures of the Authorized Representatives. CLIENT URS Signature Signature Typed Name/Title Typed Name/Title Date of Signature Date of Signature PSA-1.DOC(Rev.1) 30-AUG-04 - 1 - UNITED CITY OF YORKVI LE, Population Projection June June- Actual 2005Dec June 2007 2008 2009 2010 2010+ Total Build Leftft 2005 Decc 2006 Build 2008 Build 2009 Build 2010 Left to Build Total Out Jan To Build 2005 Build 2006 Build PE Name l Current 87 326 elo•er Unit T •e Units -Jun 05 Build Out PE Out PE Out 2007 PE Out PE Out PE8 OuOt PE Build Out Develo•ment Dev 1 gg 50 317 0 75 165 28 188 0 0 0 30 113 50 188 50 AutumnsdalCreek Single Family 317 0 258 0 0 30 66 50 110 75 1 Pulte Homes Town Homes 258 0 (Hinsdale Nursery) 0 0 Single Family 189 0 189 0 Bailey Meadows 0 25 94 25 94 40 150 50 188 49 184 Bailey Meadows Town Homes 153 0 153 0 0 25 55 40 88 40 88 48 106 0 0 0 0 Runge Farm Single Family 41 1 40 14 53 15 56 11 41 0 0 0 0 0 0 0 0 Triangle Briarwood Investments 80300 80 300 87 326 0 50 0 50 300 32 SingleDFamily 467 0 4678 0 60 225 80 300 80 300 Duplex 182 0 182 0 0 0 0 0 0 50 118 75 20 00 20 00 20 302 4 0 100 220 100 220 100 2120 180 2120 180 220 304 578 Bristol Bay Centex Town Homes 802 0 802 0 0 0 0 80 152 Condominiums 624 0 624 0 Caledonia Inland Single Family 206 0 206 0 0 10 38 45 169 50 188 50 188 51 191 0 0 Single Family 29 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cimarron Ridge Custom Duplex 46 0 10 10 24 0 0 0 Dennis Dwyer, Single Family 138 9 39 19 71 20 75 0 0 0 0 0 0 0 0 0 0 Inc. Duplex 34 0 34 24 56 10 24 0 0 0 0 0 0 0 0 0 0 Country Hills 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Single Family 228 2 0 0 0 0 0 0 32 0 30 25 59 5 12 0 0 0 0 0 Dresden DuplexH0 0 0 0 0 0 Fox Hill 8 8 18 Town Homes 144 0 Single4 DFamily 1324 39 40 94 40 94 40 94 154 362 1285 124 465 160 600 40 94 140 94 120 450 120 450 120 450 521 1,95 Duplex 394 0 394 0 94 60 132 60 132 60 132 372 8180 MPI,Moser 632 0 0 0 0 0 0 Town Homes 632 0 0 40 88 40 88 Grande Reserve 300 0 0 0 0 300 570 Apartments 300 0 Single Family 250 36 189 40 150 75 281 50 188 24 90 0 0 0 0 0 0 ME Heartland Circle 0 0 0 0 0 0 Heartland Subdivision Single Family 186 8 18 18 68 0 0 0 0 0 0 Family Crossing West AMG Homes Single Fam y 111 0 9 9 34 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Kylyn's Ridge AMG Homes Single Family 134 19 0 0 0 0 0 0 0 0 0 Longford Lakes Montalbano Town Homes 62 0 10 10 22 0 0 0 0 0 0 0 0 0 0 0 0 S&K Senior Homes 56 6 8 8 15 0 0 0 0 0 0 0 0 0 0 0 0 Prairie Gardens Development LLC 0 0 0 0 0 0 45 0 0 0 0 0 0 0 0 0 0 0 0 Single Family 18 6 12 12 0 101 Prairie Meadows Menard's-AMG Single Family 145 11 129 35 1301 500 188 44 165 50 95 50 95 75 143 53 (Menards) Homes Multi-Family 268 0 268 0 Prestwick of Yorkville- Mallard Single Family 345 0 345 0 0 30 113 30 113 50 188 50 188 50 188 135 506 Stewart Farms Development 0 0 0 0 0 0 59 259 13 31 0 0 59 25 59 0 0 Single Family 404 31 316 47 176 100 375 100 375 69 25925 55 23 51 Concord,Lennar Duplex 128 10 118 10 24 20 47 25 25 55 Raintree Village44 25 55 Town Homes 128 0 128 10 0 0 0 0 0 0 The Windham Single Family 166 9 60 30 113 30 113 0 0 0 0 River's Edge Group 0 0 0 0 0 0 Sunflower Estates William Ryan Single Family 117 5 35 15 56 20 75 0 0 0 0 Villas at the Preserve Burnside Duplex 84 0 84 10 24 20 47 20 47 20 47 14 33 0 0 0 0 0 20 75 50 188 75 281 80 300 68 255 0 1002 Single Family 293 0 293 0 Westbury Village Ocean Atlantic Town Homes 605 0 605 0 0 Z0 44 100 220 125 275 150 330 150 330 60 Kimball Hill Single Family 445 25 420 26 98 75 281 75 281 75 281 75 281 75 281 19 71 Whispering Meadows Homes Windett Ridge Wiseman Hughes Single Family 280 21 258 30 113 75 281 100 375 53 199 0 0 0 0 0 0 Wyndham Town Homes 56 0 56 30 66 26 57 0 0 0 0 0 0 0 0 0 0 Wynstone Townhomes Deerpoint 0 0 0 0 0 0 0 Yorkville Senior Supportive Living Apartments 50 0 50 0 0 50 95 0 0 0 Apartments Facility,LLC 238 9381 DevelopmentsPerYearTotals 604 1,997 1,221 3,914 1,620 4,668 1,376 4,074 1.272 3,642 1,162 3,370 2,126 5,913 Current 29 295 32,665 38,578 11,000 12,997 16,911 21,579 25,653 City Population With Current Developments Only warrant the ac. Commencement of the of informationtrct containedon within thisplchart, and therefore t to t be used as a on the City Development Key,and contains developmentnot concept stage. of construction and completion of buildout within the territories ofthe racy This chart represents all developments United City of Yorkville and the projected planning• toola may occur in chartphin no The City does plannin• onl . The no wa represents an a.reement between the Cit and an develo•er. Jun 05 . YORKVIIJIF Population Projection Actual June June- Build 2005 Dec Name of Future Out Jan Left 2005 2006 Develo.ment Total2010 201 + Total Jun To 2007 2008 2009 Develo.er Unit T .e Units 2005 Build Out 2PE5 Build 2006 Build Build 2008 Build 2009 Build 2010 Leftto Build Out PE Out 2007 PE Out PE Out Morris Farm Sin le 218 PE Out PE Build Out PE Aspen Ridge Estates- Aspen Ridge Estates,LLC g Family0 218 0 0 0 0 15 56 25 94 40 150 50 188 88 330 Blackberry Woods McCue Builders Single Family 53 0 53 0 0 10 38 20 Single Family 82 0 82 0 0 75 23 86 0 0 10 19 20 38 40 76 12 0 0 0 0 23 0 0 0 0 Brummel&Garritano Pulte Homes Single Family 879 0 879 0 0 0 0 50 Town Homes 706 0 706 0 0 0 188 100 375 100 0 50 110 100 220 100 20 100 20 35 1,94 Chally Property Wyndham 220 100 2220 3566 7833 Deerpoint Single Family 234 0 234 0 0 0 0 20 75 30 113 45 169 50 188 89 334 Corneils Crossing Pacific Homes Single Family 31 0 31 0 0 10 38 21 79 0 0 0 Evergreen Farm 0 0 0 0 0 Tanglewood Single Family 112 0 112 0 0 0 0 15 56 20 75 35 131 42 158 0 0 Single Family 170 0 200 Town Homes 0 0 0 0 0 25 94 Fox River Bluffs Inland 50 188 0 0 0 0 0 0 0 0 0 0 50 188 45 169 30 113 IC= 0 0 0 0 0 Meadowbrook Single Family 348 0 348 0 0 20 75 75 281 85 319 85 319 77 289 Inland 6 23 Pacific Homes Single Family 184 0 184 0 0 10 38 20 75 40 150 50 188 50 188 Kendallwood Estates of Yorkville-Willman Kendall Land Dev. Single Family 70 14 53 Propert 0 70 0 0 10 38 20 75 40 150 0 0 0 0 0 0 Single Family 2180 218 0 Town Homes 2 0 0 0 10 38 25 0 242 0 0 0 0 10 66 66 94 30 30 123 461 Konicek Property Tanglewood 22 25 55 30 66 30 66 147 323 Maill Montalbano Single Family 293 0 293 0 0 0 0 10 38 20 75 40 150 50 188 173 649 McKinnon Farm York Venture,LLC Single Family 774 0 774 Condominiums 386 0 0 0 0 25 948 50 95 50 95 50 1895 599 401 0 386 0 0 0 0 25 48 50 95 50 95 50 95 211 401 Moser South(Tuttle, Single Family 599 0 599 0 Burkhart,Kuhn,and0 0 0 25 94 120 450 125 469 125 469 204 Moser Duplex 0 156 0 0 179 Holt) Town Homes 15657 0 757 0 0 0 0 20 47 20 47 40 765 Town 757 0 2307 0 0 0 0 0 0 0 0 94 76 0 40 88 60 132 657 1,4450 0 0 0 0 230 437 0 0 Rob Roy Falls Sexton Single Family 120 0 120 0 Town Homes 204 0 204 0 0 20 44 30 66 40 88 400 20 75 30 113 40 150 30 113 0 0 0 0 Condominiums 174 0 174 0 0 20 38 30 57 40 76 40 88 20 44 54 119 76 44 84 0 0 Silver Fox Subdivision Midwest Single Family 187 0 187 0 0 0 0 30 113 30 113 20 75 20 75 87 326 Tanglewood Trails Tanglewood Single Family 39 0 39 0 0 15 56 24 90 0 0 0 0 0 0 0 0 Windett Ridge II Wiseman Hughes Town Homes 198 0 198 0 0 0 0 50 110 50 110 50 110 York Wood Estates- 48 106 0 0 Wyndham Single Family 198 0 198 0 0 0 0 20 75 30 113 50 188 50 188 48 180 Harry Anderson Farm Deerpoint 0 7694 2\�t,o car.` Future Developments Per Year Totals 0 0 145 459 650 2,085 1,063 3,387 1,082 3,441 1,311 3,866 3,443 Future Developments Population Totals 10,534 EST.%1!4-11..._ 1BJ6 = 0 0 459 2,544 5,931 9,372 °� l��`��,�0 13,238 23,772 f"Q.E �� Current and Future Per Year Totals to ��� 604 1,997 1,366 4,373 2,270 6,753 2,439 7,461 2,354 7,083 2,473 7,236 5,569 16,447 City Population with Current and Future Developments 11,000 12,997 17,370 24,123 31,584 38,667 45,903 62,350 This chart represents all developments on the City Development Key,and contains developments in concept stage. Commencement of construction and completion of United City of Yorkville and the projected planning area may occur in phases. The City does not warrant the accuracy of the information contained within this chart,and therefore is to be used as a .lannint tool onl . The chart in no wa re.resents an a.reement between the Cit and an develo.er. Jun-05 p buildout within the territories of the