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EDC Minutes 2008 06-05-08 Page 1 of 6 APPROVED 7/03/08 UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Thursday, June 5, 2008, 7pm City Conference Room In Attendance: Committee Members Mayor Valerie Burd Chairman Gary Golinski Alderman Joe Besco i Other Citv Officials: City Administrator Brendan McLaughlin Alderwoman Rose Spears Community Development Director Travis Miller Attorney Kathleen Orr City Planner Charlie Wunder Other Guests: Tony Scott, Kendall County Record Attorney Gregg Ingemunson Attorney Kelly Kramer YEDC Director Lynn Dubajic Ben Underwood, Titanium Develop. Delene Drew, Newark SD #66 John DeMay, Newark SD #66 Bob Rychlicki, Kane McKenna Scott Melby, Raging Waves Mr. Sliflca, Tri-Land Properties R. F. Dube, Tri-Land Properties Hugh Robinson, Tri-Land Properties John Andrews, Tri-Land Properties Gary Neyer, Marker, Inc. Scott Gengler Larry Saravanos, Saravanos Properties Paul Bertie, Atwell -Hicks Pauline Berggren Newark High School Michael Mallon, Time- O -Matic The meeting was called to order by Chairman Gary Golinski at 7:03pm. (Agenda items out of sequence) New Business: 2 EDC 2008 -19 Monthly Building Permit Report for April 2008 This is informational only with trends being the same as previous months. Travis noted a spike in April and a total of 70 residential units for the year. An updated population projection for the third quarter will be presented at the July EDC meeting. 3. EDC 2008 -20 Monthly Plan Commission Report for May 2008 This report is also informational and was recommended for approval. i Minutes for Correction/Avvroval: April 3, 2008 and May 1, 2008 Both sets of minutes were recommended for approval as read. Page 2 of 6 (out of sequence) Old Business 1. EDC 2008 -12 Economic Incentive Policy — Update/Discussion This will move forward to July. (out of sequence) New Business: S. EDC 2008 -21 Pulte (Autumn Creek Subdivision) —Water Main and Sanitary Sewer Recapture Agreements This item was tabled Meeting protocol questions were briefly discussed since only two committee members were present. It was noted by Attorney Orr, that the Governing Ordinance requires three votes to move an item out of committee. Items from Plan Commission Recommended for Citv Council Approval: 1. PC 2008 -03 Zoning Ordinance Text Amendment —Chapter 14, Sections 10 -14 -5, 6, 7,8,9 Golinski noted that this was a "housekeeping" item with a recommendation that anyone who lives within 500 feet of a zoning variance request, must be notified and proof must be provided. This moves to the consent agenda. 2. PC 2008 -07 Richard Marker Associates, Inc. —Southeast Quadrant IL 471 Ament Road 1412 Mile Review Miller said this item was recommended by Plan Commission with a series of items for the County Board to consider. The Board felt it was important for the County to recognize the Comprehensive Plan guidelines. One of those considerations is a 1 -1/2 mile review. The zoning was also discussed along with some of the possible uses. Besco noted concern for a potential liquor store or tavern in close proximity to a school. However, since the area is unincorporated, Attorney Orr said the City does not have control. The Plan Commission recommended that it be called a "special use ". Alderwoman Spears suggested removing the liquor type businesses from permitted uses. If the "special use" were to be kept, the setback should be increased to 500 feet from schools and churches. This item moves to City Council. 3. PC 2008 -08 DTD Investments, LLC (Fountainview) —Annexation Agreement Amendment Request The petitioner has agreed to a shift in the front yard setback and a reduction in the side yard. The Plan Commission concurred with a motion to approve and the amendment will include these variations. This item will move to the June 24 City Council meeting for a Public Hearing. Page 3 of 6 4. PC 2008 -09 Stagecoach Crossing — Preliminary and Final Plat of Subdivision Request This is a request to subdivide the lots in this development with separate deeds being created for each lot. Attorney Orr noted that covenants assigned to the title will be retained with any transfer of ownership. This moves to consent agenda on June 10 th . 5. PC 2008 -10 Titanium Investment Properties (Children of America Daycare) — Special Use Request This item has gone through the Plan Commission and they recommended approval. The only concern was that the entrance to their lot is through lot #2. This lot can be split. This will move to Plan Commission for subdivision plat on June 11 and move to EDC in July. 7, i New Business: L EDC 2008 -18 Newark School District —Title 8, Chapter 9 City Code Amendment Request (Transition Fee Ordinance) Miller reported that a city code is already in place that provides for school transition fees, but there was only one school district for Yorkville at that time. The amendment will recognize the fact that there are two additional school districts in the City. Resolutions by the other school districts agree to hold the City harmless and accept the transition fees. The agreed -upon fee is $3000 per residential unit. This item moves to the consent agenda. (out of sequence) 4. PC 2008 -14 O'Keefe Annexation Agreement Amendment (Raging Waves Signage) Chairman Golinski noted that the water park would open on June 21 Raging Waves representative Scott Melby said that several radio stations are vying for remote broadcasts, they have sold 350 season passes and 6,000 vouchers have been issued in response to a school reading program. He said his company was very impressed with the Yorkville area employees and also praised Lynn Dubajic for her efforts. Alderwoman Spears asked that ribbon- cutting ceremony be scheduled for an early evening or weekend to allow all the aldermen to be present. The company is requesting an amendment to the annexation agreement. Raging Waves is relinquishing 4 signs in order to have 1 larger sign with a positive recommendation from The Zoning Board. Miller said the ZBA had discussed the area of the sign and that exhibit would become part of the Annexation Agreement. A Public Hearing will be held June 10 th . S. EDC 2008 -21 Pulte (Autumn Creek Subdivision) —Water Main and Sanitary Sewer Recapture Agreement This item was tabled at Pulte's request and will come back in July. Page 4of6 6. EDC 2008 -22 Yorkville Crossing Unit 1(Wal Mart) —Time Extension for Recording Request Wal -Mart is requesting their second extension to August 22, 2009. They are hoping to close on the property this year and break ground next year. A new prototype store design is also being considered. Permits to widen Rt. 34 have been approved by IDOT. The committee recommended approval of the time extension and this will move to the consent agenda. 7. EDC 2008 -23 IDOT Letter of Understanding — Countryside Center Drive Tri-Land representatives were present and Richard Dube gave an overview of the revised concept plan for Countryside Center. The plan consists of 4 main buildings in prairie - style architecture and it includes a possible hotel. Mr. Dube said his company is ready to bid their project out this fall. Another component of the plan is to bring Countryside Parkway and Center Parkway into this development. Alderwoman Spears commented that feedback from area residents shows they are not in favor of a hotel. She said it might be more appropriate closer to the new water park. Mr. Dube said there is not much likelihood of a hotel at this time. She also asked why the project had been downsized. Mr. Dube replied that the issue is money and the proposed underground parking garage alone would cost $6 million. She expressed concern over the length of time it has taken for this project and would like it moved forward. Travis Miller discussed the permit process necessary to proceed with construction on Rte. 47 that is tied to the incentive agreement. Due to a timing issue, this agreement was not sent through the Public Works committee. He said a signal would be needed to serve businesses to the east such as Dunkin Donuts. When improvements are made to Rt. 47, some businesses will only have right in/right out access. Staff recommends extending the existing alleyway near Burger King and other nearby businesses to allow access to the signal. City Administrator McLaughlin said the IDOT letter of understanding should be placed on the consent agenda for the next City Council meeting and the financial issues will be handled along with the Redevelopment Agreement. Mr. Dube said Tri-Lands is almost 100% into renovation of shopping centers and he cited the various projects they have completed. This also included a TIF in Kansas. Discussion turned to the Redevelopment Agreement and economic incentives. Golinski commented that the City has never exceeded 25% of the project costs. Attorney Orr said a revised budget of proposed costs had been received in February. The City reviewed the budget and found that some costs would not be reimbursable. She suggested that a reduction of $4,822,237 was needed. The cost of the roads was further deleted leaving a cost of $37 million. Total economic incentives would then be based on $9.4 million. Page 5 of 6 Ms. Orr said the developers have requested that the balance of the TIF bonds be distributed to them. She recommended the balance not be given until the City has `something in hand'. $550,000 has been requested at this time. It was recommended that the TIF money be used for the roads. She added that the City is at risk for the $500,000 in bonds issued for the demolition. She also said that TIF bonds cannot be marketed unless the developer has signed leases in place. Alderwoman Spears asked if the TIF bonds would affect the City's bond rating. Ms. Orr said it would not. Attorney Orr indicated that direction is now needed from City Council to continue to negotiate. A resolution will be presented to the City Council in two weeks to seek approval of the concept plan and give direction to proceed. Old Business: (out of sequence) 2. EDC 2007 -38 Sign Ordinance — Update /Presentation Travis Miller briefly summarized concerns that ZBA member Mike Skinner had regarding signs. City Planner Charlie Wunder then introduced Michael Mallon from Time -O- Matic, a sign company. Mr. Mallon has assisted other suburban towns with their sign ordinances. I Wunder said electronic signs today are all LED signs and are much more energy- efficient. He noted that the school district has LED message boards and area gas stations also have LED signs. Mr. Mallon gave an overview of his experience with electronic signs and said a study was done showing no correlation between safety and moving signs. The revised draft of the proposed sign ordinance proposed to allow the electronic signage because some businesses asked to have such signs. Miller added that the technology has changed so rapidly and those signs are more energy - efficient. It was noted that the ordinance would include a minimum 60- second duration of the message and movement (fading or scrolling) and that flashing signs would be prohibited. Mayor Burd stated her opposition to any moving signs and said that some companies have already removed these types of signs. Besco agreed saying that he does not want them in business districts. It was noted that smaller businesses might find it difficult to purchase an LED sign if those were required. A revision will be done and brought back to the June 20 Council regular agenda. Page 6 of 6 Additional Business: Golinski suggested the approval and review process for developers be revised after a conversation he had with some area developers yielded suggestions on streamlining the process. He suggested a timeline to show what is expected at given intervals. The engineering review was the biggest issue. Administrator McLaughlin has asked to be copied on any emails starting May 1 regarding any reviews. If he sees a review has been stalled, he will initiate further action. Mayor Burd suggested that the City issue a list of requirements at the beginning of the project. The practices of other towns should also be reviewed. � The meeting date for EDC has changed to the first Tuesday of July. Project Light Speed is going to be started soon. The Cable Consortium Attorney is being consulted on this project. j There was no further business and the meeting adjourned at 9:27pm. 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