Ordinance 18-43: Establishing Special Service Area Number 63 for Prairie Commons Subdivision Residential Development

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1 DATE: August 9, 2018 TO: FROM: SUBJECT: Committee of the Whole CD Drew Rackow AICP, Planner CITY OF BATAVIA Ordinance 18-43: Establishing Special Service Area Number 63 for Prairie Commons Subdivision Residential Development Ordinance 18-44: Establishment of Special Service Area Number 64 for Prairie Commons Subdivision Commercial Development Summary: Ordinances and would establish back-up Special Service Areas (SSA) for the Prairie Commons Development, with separate SSAs for the commercial and residential parcels. Background The City Council approved Ordinances and 18-42, which proposed to establish two SSAs for the Prairie Commons Subdivision. The proposal ordinances established that there would be hearings on August 20 th for each SSA. The need for two SSAs was established within the Annexation Agreement for Prairie Commons Subdivision. This arrangement would allow in the event of a maintenance issue within one portion or the other that a fee could be levied for that portion of the development without subjecting the residential area to levies to pay for the benefit of the commercial property or vice versa. The City would also have the ability to levy both areas for items that benefit both properties such as the detention areas or the wetland areas. It has been a practice for the City to establish "back-up" SSAs with the development of new subdivisions. The "back-up" SSA is put in place in case an Owners Association (OA) or Homeowner Association (HOA) either dissolves or fails to maintain common area improvements like stormwater management areas and open space. These SSAs remain in a "non-active" or non-levied state, appearing on a tax bill with a tax rate of zero. Back-up SSAs would only be activated after outreach to an OA/HOA fails to result in the HOA completing necessary maintenance. A levy would be made to reimburse the City for repair or maintenance actions taken. The SSA allows the City to levy on a limited area of land that benefits from an improvement, rather than use General Fund monies. The initial levy shall be ($0.00) zero dollars and zero cents per $100 of equalized assessed valuation. The proposed maximum rate of one dollar ($1.00) per $100 of equalized assessed valuation of each tax parcel was established in the Agreement. After the hearing, a 60 day period must be provided to allow a petition objecting to the establishment of the SSA to be filed with the City. If a petition is filed during that time period, with at least 51% of the property owners of record and 51% of the registered voters residing in the proposed SSA, then it cannot be formed.

2 Pros: Approval will create back-up SSAs, consistent with the previous direction of the City Council through the approval of the Annexation Agreement and City Policy to establish back-up SSAs with new development. Cons: Staff has not identified any Cons associated with the establishment of a back-up SSA. Budget Impact: Minor costs have been incurred with the publication and mailing for the proposed Special Service Areas. Timeline for Action: Notice has been made for a public hearing on August 20 th. Approval of these Ordinances would begin the necessary petition period. The SSAs should be in place prior to the transfer of any property (residential or commercial) to a third party. Staff Recommendation Staff recommends approval of Ordinances and as presented, in preparation for the Public Hearing at the August 20 th City Council meeting. Attachment: Draft Ordinance Draft Ordinance Cc Mayor and City Council Department Heads, Peter Bazos, Applicant Attorney Scott Guerard, Lennar

3 CITY OF BATAVIA, ILLINOIS ORDINANCE AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 63 PRAIRIE COMMONS SUBDIVISION RESIDENTIAL DEVELOPMENT ADOPTED BY THE MAYOR AND CITY COUNCIL THIS 20 TH DAY OF AUGUST, 2018 Published in pamphlet form Prepared by and mail to: by authority of the Mayor and City Council of the City of Batavia, City of Batavia Kane & DuPage Counties, Illinois, 100 N. Island Ave. This 21 st day August, 2018 Batavia, IL Page 1of 4 excluding exhibits

4 CITY OF BATAVIA, ILLINOIS ORDINANCE CITY OF BATAVIA, ILLINOIS ORDINANCE BE IT HEREBY ORDAINED by the Mayor and City Council of the City of Batavia, Kane and DuPage Counties, Illinois, as follows: SECTION 1 - Authority to Establish Special Service Area: Special Service Areas are established by the City pursuant to Article VII, Section 6, of the Constitution of the State of Illinois, which provides that home rule units have the power to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas, and pursuant to the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) which sets forth procedures by which Special Service Areas may be established and taxes levied. SECTION 2 Findings: A. The question of the establishment of the Area hereinafter described as a Special Service Area is considered by the City Council pursuant to Ordinance entitled, "An Ordinance Proposing Establishment of a Special Service Area Number 63 in the City of Batavia and Providing for a Public Hearing and Other Procedures in Connection With the Prairie Commons Subdivision Residential Development" adopted June 18, 2018, and is considered pursuant to a Hearing held on August , by the City Council, pursuant to Notice duly published in the Daily Herald, a newspaper published in the City of Batavia, at least fifteen (15) days prior to the Hearing, and pursuant to Notice by mail addressed to the person or persons or trustee in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area. Said Notice was given by depositing said Notice in the United States Mail not less than ten (10) days prior to the time set for Public Hearing. A Certificate of Publication of said Notice and Receipts of Mailing of said Notice are attached to this Ordinance as EXHIBITS 1 and 2. B. A Public Hearing on the questions set forth in the Notice was held on August 20, All interested persons were given an opportunity to be heard on the question of an annual tax for maintenance and landscaping of detention and common areas, as set forth in the Notice. The Public Hearing was closed on August 20, C. Petitions objecting to the formation of Special Service Area Number 63 were not filed by at least 51% of the electors residing within the proposed Special Service Area Number 63 and by at least 51% of the owners of record of the land included within the boundaries of the proposed Special Service Area 63. D. After considering the information, as presented at the Public Hearing, the City finds that it is in the public interest and in the interest of the City of Batavia Special Service Area Number 63 that said Special Service Area, as hereinafter described, be established. E. Said Area is compact and contiguous and constitutes a unique area of Batavia.

5 CITY OF BATAVIA ORDINANCE F. It is in the best interests of said Special Service Area that the furnishing of the municipal services proposed be provided. The proposed municipal services are unique and in addition to the municipal services provided to the City of Batavia as a whole. SECTION 3 - The City of Batavia Special Service Area Number 63 Established: A Special Service Area to be known and designated as "City of Batavia Special Service Area Number 63" is hereby established and shall consist of the territory legally described on Exhibit 3 and map of territory depicted on Exhibit 4 and attached hereto. SECTION 4 Purpose of Area: City of Batavia Special Service Area Number 63 is established to provide special municipal services to the Area in addition to services provided to the City generally. The purpose of the formation of the City of Batavia Special Service Area Number 63 in general is to provide special municipal services to the area including, but not limited to the Management Facilities, Preserved Wetlands, Wetland Buffers and other common area improvements such as landscaping, common element features, benches, hardscape and fences. Such actions are only as a back-up in the event that the Homeowners Association dissolves or otherwise fails to maintain said improvements. Annual taxes may be levied for the special services enumerated herein, on property in said Special Service Area Number 63, for said Special Service Area, in addition to all other City taxes; provided, that the special annual taxes shall be limited so that the total of said tax does not exceed an annual amount of one dollar ($1.00) per $ of assessed value, as equalized, to be levied against the property included in Special Service Area Number 63. An initial levy shall be set at zero dollars and zero cents ($0.00) per $ of assessed value, as equalized. SECTION 5 Effective Date: This Ordinance shall be in full force and effect upon its presentation, passage and publication according to the law. Page 3 of 4 excluding exhibits

6 CITY OF BATAVIA ORDINANCE PRESENTED to and PASSED by the City Council of the City of Batavia, Illinois, this 20 th day of August, APPROVED by me as Mayor of said City of Batavia, Illinois, this 20 th day of August, Jeffery D. Schielke, Mayor ATTEST: Ellen Posledni, City Clerk Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O Brien Salvati 2 Callahan Wolff 3 Meitzler Chanzit 4 Malay Stark 5 Uher Atac 6 Cerone Russotto 7 McFadden Brown Mayor Schielke VOTE: Ayes Nays Absent Abstention(s) Total holding office: Mayor and 14 Aldermen Page 4 of 4 excluding exhibits

7 CITY OF BATAVIA ORDINANCE EXHIBIT 1: CERTIFICATE OF PUBLICATION

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9 CITY OF BATAVIA ORDINANCE EXHIBIT 2: RECEIPT OF MAILING

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11 CITY OF BATAVIA ORDINANCE EXHIBIT 3: LEGAL DESCRIPTION Prairie Commons Subdivision being a Subdivision in the Northwest ¼ of Section 36, Township 39, Range 8, East of the Third Principal Meridian, Kane County, Illinois, excluding lot 48; and The permanent tax index numbers of the proposed Special Service Area Number 60 is

12 CITY OF BATAVIA ORDINANCE EXHIBIT 4: MAP OF SPECIAL SERVICE AREA

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14 CITY OF BATAVIA, ILLINOIS ORDINANCE AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 64 PRAIRIE COMMONS SUBDIVISION COMMERCIAL DEVELOPMENT ADOPTED BY THE MAYOR AND CITY COUNCIL THIS 20 TH DAY OF AUGUST, 2018 Published in pamphlet form Prepared by and mail to: by authority of the Mayor and City Council of the City of Batavia, City of Batavia Kane & DuPage Counties, Illinois, 100 N. Island Ave. This 21 st day August, 2018 Batavia, IL Page 1of 4 excluding exhibits

15 CITY OF BATAVIA, ILLINOIS ORDINANCE CITY OF BATAVIA, ILLINOIS ORDINANCE BE IT HEREBY ORDAINED by the Mayor and City Council of the City of Batavia, Kane and DuPage Counties, Illinois, as follows: SECTION 1 - Authority to Establish Special Service Area: Special Service Areas are established by the City pursuant to Article VII, Section 6, of the Constitution of the State of Illinois, which provides that home rule units have the power to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas, and pursuant to the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) which sets forth procedures by which Special Service Areas may be established and taxes levied. SECTION 2 Findings: A. The question of the establishment of the Area hereinafter described as a Special Service Area is considered by the City Council pursuant to Ordinance entitled, "An Ordinance Proposing Establishment of a Special Service Area Number 64 in the City of Batavia and Providing for a Public Hearing and Other Procedures in Connection With the Prairie Commons Subdivision Commercial Development" adopted June 18, 2018, and is considered pursuant to a Hearing held on August 20, 2018, by the City Council, pursuant to Notice duly published in the Daily Herald, a newspaper published in the City of Batavia, at least fifteen (15) days prior to the Hearing, and pursuant to Notice by mail addressed to the person or persons or trustee in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area. Said Notice was given by depositing said Notice in the United States Mail not less than ten (10) days prior to the time set for Public Hearing. A Certificate of Publication of said Notice and Receipts of Mailing of said Notice are attached to this Ordinance as EXHIBITS 1 and 2. B. A Public Hearing on the questions set forth in the Notice was held on August 20, All interested persons were given an opportunity to be heard on the question of an annual tax for maintenance and landscaping of detention and common areas, as set forth in the Notice. The Public Hearing was closed on August 20, C. Petitions objecting to the formation of Special Service Area Number 64 were not filed by at least 51% of the electors residing within the proposed Special Service Area Number 64 and by at least 51% of the owners of record of the land included within the boundaries of the proposed Special Service Area 64. D. After considering the information, as presented at the Public Hearing, the City finds that it is in the public interest and in the interest of the City of Batavia Special Service Area Number 64 that said Special Service Area, as hereinafter described, be established. E. Said Area is compact and contiguous and constitutes a unique area of Batavia.

16 CITY OF BATAVIA ORDINANCE F. It is in the best interests of said Special Service Area that the furnishing of the municipal services proposed be provided. The proposed municipal services are unique and in addition to the municipal services provided to the City of Batavia as a whole. SECTION 3 - The City of Batavia Special Service Area Number 64 Established: A Special Service Area to be known and designated as "City of Batavia Special Service Area Number 64" is hereby established and shall consist of the territory legally described on Exhibit 3 and map of territory depicted on Exhibit 4 and attached hereto. SECTION 4 Purpose of Area: City of Batavia Special Service Area Number 64 is established to provide special municipal services to the Area in addition to services provided to the City generally. The purpose of the formation of the City of Batavia Special Service Area Number 64 in general is to provide special municipal services to the area including, but not limited to the Management Facilities, Preserved Wetlands, Wetland Buffers and other common area improvements such as landscaping, common element features, benches, hardscape and fences. Such actions are only as a back-up in the event that the Owners Association dissolves or otherwise fails to maintain said improvements. Annual taxes may be levied for the special services enumerated herein, on property in said Special Service Area Number 64, for said Special Service Area, in addition to all other City taxes; provided, that the special annual taxes shall be limited so that the total of said tax does not exceed an annual amount of one dollar ($1.00) per $ of assessed value, as equalized, to be levied against the property included in Special Service Area Number 64. An initial levy shall be set at zero dollars and zero cents ($0.00) per $ of assessed value, as equalized. SECTION 5 Effective Date: This Ordinance shall be in full force and effect upon its presentation, passage and publication according to the law. Page 3 of 4 excluding exhibits

17 CITY OF BATAVIA ORDINANCE PRESENTED to and PASSED by the City Council of the City of Batavia, Illinois, this 20 th day of August, APPROVED by me as Mayor of said City of Batavia, Illinois, this 20 th day of August, Jeffery D. Schielke, Mayor ATTEST: Ellen Posledni, City Clerk Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O Brien Salvati 2 Callahan Wolff 3 Meitzler Chanzit 4 Malay Stark 5 Uher Atac 6 Cerone Russotto 7 McFadden Brown Mayor Schielke VOTE: Ayes Nays Absent Abstention(s) Total holding office: Mayor and 14 Aldermen Page 4 of 4 excluding exhibits

18 CITY OF BATAVIA ORDINANCE EXHIBIT 1: CERTIFICATE OF PUBLICATION

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20 CITY OF BATAVIA ORDINANCE EXHIBIT 2: RECEIPT OF MAILING

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22 CITY OF BATAVIA ORDINANCE EXHIBIT 3: LEGAL DESCRIPTION Lot 48 in Prairie Commons Subdivision, being a Subdivision in the Northwest ¼ of Section 36, Township 39, Range 8, East of the Third Principal Meridian, Kane County, Illinois; The permanent tax index numbers of the proposed Special Service Area Number 64 is

23 CITY OF BATAVIA ORDINANCE EXHIBIT 4: MAP OF SPECIAL SERVICE AREA

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