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EDC Minutes 2008 12-02-08 APPROVED 2/3/09 UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, December 2, 2008 City Conference Room In Attendance: Committee Members Chairman Gary Golinski Alderman Joe Besco Alderman Robert Allen Alderman Marty Munns (left 8:45 PM) Other Citv Officials Mayor Valerie Burd Alderwoman Robyn Sutcliff f City Administrator Brendan McLaughlin Community Development Director Travis Miller Assistant City Administrator Bart Olson Other Guests Lynn Dubajic, YEDC (arrived 7:25 PM) Tony Scott, Kendall County Record City Attorney, Kathleen Field Orr Attorney Andrew Kolb, CVS (left 7:20PM) Mayor Judy Heim, Millbrook Mark Mastrorocco, Pulte Homes (left 8 PM) The meeting was called to order by Chairman Gary Golinski at 7:00 PM. Minutes for Correction /Approval: October 7. 2008 The minutes were approved as written. Items Recommended by Plan Commission for Approval: 1. PC 2008 -22 G.B. Illinois 2, LLC — CVS Pharmacy Special Use Request for a Drive Through Facility on Lot 5 of Cobblestone Commons. Travis Miller stated that the plat for Cobblestone Commons has not been recorded. It has been approved but the petitioner waits for the fees to be paid. At issue is whether the petition should be approved by City Council, pending the payment of fees. If approved, this would set a precedent for other developments and would possibly cause complications with the city's approval processes. Mr. Kolb said the process for approval is sequential, with zoning approved and at last, funding. He is asking that the sign variance, if approved at ZBA on Dec. 3, and drive through request, presented at Nov. 12 plan commission, be on the City Council agenda for Dec. 9, placing the petitioner in a quick mode for building when fees are paid. The close of the sale will not be completed until the payment of $180,000 by the developer is made and the ordinances would be contingent on the payment. CVS would not be interested in developing the entire j piece. The Mayor suggested that the developer sit down with City staff to discuss where the entire process is. When this meeting has been completed, the City and the petitioner will have a clearer picture of where the process is. This petition can move ahead without another EDC meeting before it goes to City Council. 2. PC 2008 -23 Full House Ventures — Special Use Request for a Single Family Apartments in a Business Building. The petitioner is proposing the addition of two apartments (downstairs) to the building, which currently houses four upstairs apartments and a business office downstairs. ICCI has checked the building and there are no code violations and apartment fixtures are in place. Mr. Paravola thinks this is a viable alternative for the building, because of the economic conditions now. He is hopeful the market will change, so he will 1 be able to become an integral part of the downtown redevelopment and increase (long term) the business traffic in his building. Alderman Besco voted in favor of the 3 -year special use. Alderman Golinski appreciates the additional landscaping trees offered in lieu of landscaping near the building. Bob Allen would like the city to check on the property taxes to see if they are residential or commercial on the building, and if the petitioner is paying school taxes. This will move forward to City Council on December 9 "'. New Business: 4. EDC 2008 -53 Pulte Fee Reduction Request for Autumn Creek Mayor Burd suggested this item be discussed (out of order) to insure that Mr. Mastrorocco would not have to wait. Pulte Homes sent the City a request for fee reductions and payment delays for the Autumn Creek Subdivision. The first request would be a lock on the per home fee until the year 2017. The two major changes in fees would be the municipal building (from $150 to $5509) and county road fees ($0 to $1475). Should these be frozen, the city would stand to lose over $2 million in revenue. Currently Pulte has a lock on fees until 2010. The developer also has the option to prepay fees at the time of final plat, which would reduce Pulte's expenses considerably. The committee members discussed the repercussion of a freeze for just one development and if a freeze for one year, Jan. 07 through Dec. 09,,would be an option for all builders. Brendan McLaughlin suggested that each developer should bring a freeze or lock on price proposal, year by year, to the city. The second option would delay the time the city is paid for its services, so the impact fees would be paid, not at the time of the building permit, but when the certificate of occupancy is picked up. The third option would shift the timing of payment of building permit fees from building permits to 50% at building permit and 50% at certificate of occupancy. The city is suggesting that 80% of the fees is paid with the application of the building permit and 20% will be paid when the certificate of occupancy is issued. The fourth option would reduce impact fees by 18 %. The city believes this is not based upon sales amounts of the units, so there would be no correlation between the cost of the city services a unit requires and the cost of the residential unit. The members of the committee are in favor of option #2 and option #3. These would require amendments to the annexation agreement. There will be at a public hearing at city council in January. Old Business: 1. EDC 2008 -06 Millbrook Boundary Agreement — Discussion Mayor Burd asked the committee members if they might discuss this matter (out of order) as a courtesy to Mayor Heim. This item has been in front of the committee twice. Mayor Heim stated that their village has been active in the Fox Township land use plan, committing dollars to the review of this plan. Millbrook also has an intergovernmental agreement with Kendall County regarding the planning and zoning. The boundary agreement must be reviewed with Plano's per Kathy Orr, because the city does not want any verbiage overlap in the agreements. The Yorkville boundary will go to Eldamain Road, then High Point. The land west of that will be subject to an agreement between Yorkville and Plano. Mayor Burd stated that giving away property on the other side of a boundary, as in the case of Montgomery and Sugar Grove, means that jurisdiction of those areas is also given away. Mayor Heim stated the boundary line is pretty much been decided upon, and that it is very close to, or within the 1 '/z mile boundary of Millbrook. Mayor Burd feels that, not only is the electorate to represent Yorkville, but how 2 they should interact with the surrounding communities. Currently there are pre - annexation agreements all along Caton Farm Road. Infrastructure can be engineered to the areas far south. Alderman Allen feels Yorkville should offer a spirit of neighborly cooperation. He thinks Millbrook and Yorkville need to continue at this time with a boundary agreement, rather than putting it on the back burner continuously. If there are property owners who have differences, these should be addressed individually. Mr. Golinski stated that he wishes to consider the Yorkville constituency and the fact that the Prairie Parkway and a state highway could present a very lucrative commercial business corridor. He shared pictures of commercial development at the Bowton Rd. intersection in Bolingbrook. He suggested that that sales tax revenue would bring in millions of dollars should the Prairie Parkway intersection be developed within a Yorkville boundary. In addition, he questions the infrastructure potential of a town of Millbrook's population. He is not in favor of any annexation negotiations at this time. Joe Besco mentioned the Dixon annexation on Yorkville's north border, and feels that communication broke down with the Dixon family during the annexation process. He is not comfortable at this time with any annexation negotiations. The comprehensive plan for Plano does not extend south of the Fox River. The City should discuss the Plano agreement, as it was negotiated in 2001. Typically, a boundary agreement is valid for 20 years. However, there may be clauses in the Plano agreement, which Ms. Orr will check, to see if any portions of the agreement would renew. The aldermen discussed options for this item, since they are not in agreement that it should move out of committee. The governing ordinance, which gives 3 alderman an opportunity to call a meeting, but not the ability to add an item to a meeting, was discussed at length. Chairman Golinski asked staff if it would be in the best interest of the taxpayers if this intersection was conceded to Millbrook. The Mayor stated this was a policy issue and that staff could not give an opinion. Ms. Orr would like to table the discussion for legal review. There was no formal determination by the committee for the direction of this item to another committee or city council. i New Business: 1. EDC 2008 -50 Monthly Building Permit Report for October 2008 2. EDC 2008 -51 Monthly Plan Commission Report for October 2008 3. EDC 2008 -52 Monthly Plan Commission Report for November 2008 Travis Miller said that he could project an approximate single family end -of -year figure of 130 units. There are three commercial properties that will soon be permitted: 1) Aldi's new store; 2) Hampton Inn at 1510 N. Bridge Street; and 3) Children of America (Day Care) at Prairie Pointe subdivision, Lot 2A. 5. EDC 2008 -54 Wind Energy Systems — Draft ordinance Most counties or municipalities choose to classify wind farms as a special use, primarily because there are potential noise and sight complaints from surrounding property owners. A public hearing allows input from those nearby. There are 3 main types of wind energy systems: 1) large wind energy systems; 2) small use energy systems, that are special uses in A -1 agricultural districts, B -4 business districts, M -2 manufacturing districts and PUD districts; and 3) rooftop systems. These are allowable accessory structures in all zoning districts except floodplain districts, and are subject to administrative zoning approval. Alderman Besco mentioned a Mag -lev system, which is a huge energy turbine alternative system. The draft ordinance will be brought forward to plan commission for a public hearing. 3 6. EDC 2008 -55 Design Guidelines — update and discussion Staff is recommending re- adoption of the Design Guidelines from the recently repealed Southern Area Comprehensive Plan. This will move forward to the December 9` city council consent agenda. 7. EDC 2008 -56 Safe Routes to School Application — update and discussion The deadline for the Safe Routes to School application has been delayed. The funding application has been capped at $250,000 and re- application can be made once a year. The grant, if received, would provide for a new sidewalk between Orange Street and Yorkville Intermediate School. In addition, ADA non- broken sidewalks and ramps on the streets east and west of Route 47 would be targeted for repair with the grant money. Old Business: 2. EDC 2008 -12 Economic Incentive Policy — Discussion This item will be on the December 9, 2008 city council consent agenda. In particular the evaluation criteria item 7 has been expanded to further what the policy previously included. Ms. Orr commented on the gap financing, a concept she was especially knowledgeable and in favor of, having seen the growth Yorkville has experienced and finding it beneficial in the revised agreement. The policy's simplified format addresses all businesses including retail and manufacturing /large employers. This will be on the consent agenda at the December 9"' city council. 3. EDC 2008 -47 Zoning Ordinance Update — Discussion The first meeting of the steering committee was held on Thursday, Nov. 13, 2008. The assessment phase, or first phase, includes the stakeholder interviews and analysis of other zoning ordinances. This phase will be presented to the steering committee at the Jan. 21, 2009 meeting. Travis Miller handed out an update and process timeline to members of the committees. 4. EDC 2008 -48 Integrated Transportation Plan — update The update offers dates the stakeholder interviews have been completed, and notes the l task force committee meeting on October 16. There is an online survey and a public workshop scheduled for December 4 at the library. The final report target date is August of 2009, with the City of Yorkville's Sr. Planner, Stephanie Boettcher, Travis Miller, and SEC Group, all working cooperatively on the project. 5. EDC 2008 -49 Meeting Schedule for 2009 The April 7, 2009 EDC committee meeting will be moved to Monday, April 6, 2009. The conflict was Election Day. The meeting was adjourned at 9:00 PM Minutes submitted by Annette Williams I I I 4