HomeMy WebLinkAboutOrd 5523 12/06/2005
ORDINANCE NO. 5523
AN ORDINANCE PROPOSING THE AMENDMENT OF A REDEVELOPMENT
PLAN AND PROJECT FOR THE AMENDMENT OF THE DOWNTOWN TIF
NO.1 REDEVELOPMENT PROJECT AREA, THE AMENDMENT OF THE
DOWNTOWN TIF NO.1 REDEVELOPMENT PROJECT AREA, AND THE
CONFIRMATION OF THE TAX INCREMENT ALLOCATION RINANCING
THEREFOR, CONVENING A JOINT REVIEW BOARD AND CALLING A
PUBLIC HEARING IN CONNECTION THEREWITH
Passed and approved by
the President and Board of Trustees
the 6th day of December, 2005
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the yth day of December, 2005
AN ORDINANCE PROPOSING THE AMENDMENT OF A
REDEVELOPMENT PLAN AND PROJECT FOR THE
AMENDMENT OF THE DOWNTOWN TIF NO. 1
REDEVELOPMENT PROJECT AREA, THE AMENDMENT OF
THE DOWNTOWN TIF NO. 1 REDEVELOPMENT PROJECT
AREA, AND THE CONFIRMATION OF THE TAX
INCREMENT ALLOCATION FINANCING THEREFOR,
CONVENING A JOINT REVIEW BOARD AND CALLING A
PUBLIC HEARING IN CONNECTION THEREWITH
Whereas, pursuant to the Tax Increment Allocation Redevelopment Act, as supplemented
and amended (the "TIP Act"), the President and Board of Trustees (the "Corporate
Authorities ") of the Village of Mount Prospect, Cook County, Illinois (the "Municipality "), has
heretofore determined and does hereby determine that it is advisable and in the best interests of
the Municipality and certain affected taxing districts that the Municipality amend a proposed
redevelopment plan (the "Redevelopment Plan ") and project (the "Project") for and amend the
redevelopment project area known as the Downtown TIF No.1 Redevelopment Project Area (the
"Redevelopment Project Area ") as further described in EXHIBIT A attached hereto and that the
Municipality confirm tax increment allocation financing for the amended Redevelopment Project
Area; and
Whereas, pursuant to Section 11-74.4-4.2 of the TIF Act the Municipality is required to
create an interested parties registry for activities related to the Redevelopment Project Area, to
adopt reasonable registration rules, and to prescribe requisite registration forms for residents and
organizations active within the Municipality that seek to be placed on said interested parties
registry, and the Corporate Authorities have heretofore, and it hereby expressly is, determined
that the Municipality has created such registry, adopted such registration rules and prescribed
such requisite registration forms and give public notice thereof; and
Whereas, the TIF Act requires the Municipality also to convene a joint review board and
conduct a public hearing prior to the adoption of ordinances amending a redevelopment plan and
project, amending the redevelopment project area, and confirming tax increment allocation
financing therefor, at which hearing any interested person or affected taxing district may file with
-1-
the Municipal Clerk written objections to and may be heard orally with respect to the amended
Redevelopment Plan and Project; and
Whereas, the TIF Act further reqUIres that such joint reVIew board consist of a
representative selected by each community college district, local elementary school district and
high school district or each local community unit school district, park district, library district,
township, fire protection district and county that will have authority to directly levy taxes on the
property within the amended Redevelopment Project Area at the time that the amended
Redevelopment Project Area is approved, a representative selected by the Municipality and a
public member to consider the subject matter of the public hearing; and
Whereas, the TIF Act further requires that the time and place of such public hearing be
fixed by ordinance or resolution adopted by the Corporate Authorities; and
Whereas, the TIF Act further requires that not less than 10 days prior to adopting such
ordinance or resolution fixing the time and place of a public hearing, the Municipality must make
available for public inspection the amended redevelopment plan or a separate report that provides
in reasonable detail the basis for the proposed amendments to the Redevelopment Project Area's
qualifying as a "redevelopment proj ect area" under the Act; and
Whereas, the firm of Kane, McKenna & Associates, Inc., has conducted an eligibility
survey of the proposed amendments to the Redevelopment Project Area and has prepared its
report (the "Report") that said proposed area qualifies as a "redevelopment project area" as
defined in the TIF Act, which survey and findings have been presented to the Corporate
Authorities and are now on file in the official files and records of the Municipality; and
Whereas, the Report has heretofore been on file and available for public inspection for at
least 10 days in the offices of the Municipal Clerk as required under the TIF Act; and
-2-
Whereas, the TIF Act requires that notice of the public hearing be given by publication
and mailing; and
Whereas, the Corporate Authorities have heretofore and it hereby is determined that it is
advisable to convene a joint review board and hold a public hearing to consider the proposed
approval of the proposed amendments to the Plan and Project; and
WHEREAS, the Corporate Authorities have heretofore and it hereby expressly is found
that the amended Redevelopment Plan and Project will not displace residents from 10 or more
inhabited residential units:
Now Therefore, Be It Ordained by the President and the Board of Trustees of the Village
of Mount Prospect, Cook County, Illinois, as follows:
Section 1. Redevelopment Plan and Project Amendments. The approval of the
amended Redevelopment Plan and Project, the amended Redevelopment Project Area and the
confirmation of tax increment allocation financing therefor are hereby proposed.
Section 2. Interested Persons Registry Created. There has been created an interested
persons registry (the "Registry") for the amended Redevelopment Project Area. The Village
Clerk was hereby expressly authorized and directed to maintain the Registry for the
Redevelopment Proj ect Area.
Section 3. Registration Rules and Forms. The registration rules for the Registry have
been previously approved by the Village and are available from the Village Clerk.
Section 4. Joint Review Board Convened. A joint review board as set forth in the TIF
Act is hereby convened and the board shall meet, review such documents and issue such report as
set forth in the TIF Act. The first meeting of said joint review board shall be held at 3:00 p.m. on
the 4th day of January, 2006, at Village Hall, Mount Prospect, Illinois. The Municipality hereby
expressly finds and determines that said date is at least 14 days but not more than 28 days after
-3-
the notice to affected taxing districts hereinafter authorized in Section 7 of this ordinance will be
mailed.
Section 5. Time and Place of Public Hearing Fixed. A public hearing (the "Hearing")
shall be held by the President and the Board of Trustees of the Municipality at 7:00 o'clock p.m.
on the 7th day of February, 2006, at Village Hall, Mount Prospect, Illinois, for the purpose of
hearing from any interested persons or affected taxing districts regarding the proposed
amendment to the Redevelopment Plan and Project, amendment of the Redevelopment Project
Area, and confirmation of tax increment allocation financing therefor.
Section 6. Publication of Notice of Hearing. Notice of the Hearing, substantially in
the form attached hereto as EXHIBIT B, shall be published at least twice, the first publication to
be not more than 30 nor less than 10 days prior to the Hearing, in a newspaper of general
circulation within the taxing districts having property in the proposed Redevelopment Project
Area.
Section 7. Mailing of Notice of Hearing Authorized. (a) Notice shall be mailed by
certified mail not less than 10 days prior to the date set for the Hearing, addressed to the person
or persons in whose name the general taxes for the last preceding year were paid on each lot,
block, tract or parcel ofland lying within the amended Redevelopment Project Area. In the event
taxes for the last preceding year were not paid, the notice shall also be sent to the persons last
listed on the tax rolls within the preceding three years as the owners of such property. Notice
shall also be given within a reasonable time after the adoption of this ordinance by first class mail
to all residential addresses located outside the proposed Redevelopment Project Area and within
750 feet of the boundaries of the proposed Redevelopment Project Area and to those
organizations and residents that have registered with the Municipality for that information in
accordance with the registration guidelines herein established by the Municipality. Notice shall
-4-
also be given by certified mail to all taxing districts of which taxable property is included in the
proposed Redevelopment Project Area and to the Illinois Department of Commerce and
Economic Opportunity not less than 45 days prior to the Hearing, and such notice (i) shall advise
the taxing bodies represented on the joint review board of the time and place of the first meeting
of the joint review board and (ii) shall also include an invitation to each taxing district and the
Illinois Department of Commerce and Economic Opportunity to submit written comments prior
to the date of the Hearing to the Village, to the attention of the Village Clerk, Village Hall, 50
South Emerson, Mount Prospect, Illinois 60056 concerning the subject matter of the Hearing.
Each such mailed notice to the taxing districts shall include a copy of the Report, the name of an
appropriate person to contact for additional information, and a copy of the proposed
Redevelopment Plan.
Section 8. Superseder; Effective Date. All ordinances, resolutions, motions or orders
in conflict with the provisions of the Ordinance are, to the extent of such conflict, hereby
repealed. This Ordinance shall become effective upon its adoption.
PASSED this 6th day of December, 2005.
ApPROVED this 6th day of December, 2005.
~ /( ftlvIk
Irvana K. Wilks, Mayor
ATTEST:
H:\CLKO\files\WIN\ORDINANC\Ordinance establishing JRB and Public Hearing - 120605.doc
-5-
EXHIBIT A
LEGAL DESCRIPTION OF DOWNTOWN TIF NO.1 REDEVELOPMENT PROJECT AREA, AS
AMENDED IS AS FOLLOWS
Beginning at the intersection of the east right-of-way line of Main Street, State of Illinois Route
83, with the north right-of-way line of Central Road, thence easterly along said north right-of-
way line to a point of intersection with the extension ofthe west property line of Lots 1 through
11 of Block 5 in Busse and Wille's Resubdivision in Mount Prospect, thence southerly along the
extension ofthe west property line of Lots 1 through 11 of Block 5 in Busse and Wille's
Resubdivision in Mount Prospect to the north right-of-way line of Busse Avenue, thence easterly
along the north right-of-way line of Busse Avenue to a point of intersection with the extension of
the east property line of Lots 1 through 8 of Block 11 of Busse and Wille's Resubdivision in
Mount Prospect, thence southerly along the extension ofthe east property line of Lots 1 through
8 of Block 11 of Busse and Wille's Resubdivision in Mount Prospect to the southeast corner of
Lot 8 of Block 11 of Busse and Wille's Resubdivision in Mount Prospect; thence easterly along
the south property line of Lot 17 of Block 11 of Busse and Wille's Resubdivision in Mount
Prospect extended to a point of intersection with the east right-of-way line of Elm Street, thence
southerly along the east right-of-way line of Elm Street to the north right-of-way line of
Evergreen Avenue; thence easterly along the north right of-way line of Evergreen Avenue to a
point of intersection with the extension of the west property line of Lots 1 through 21 of Block
20 of Mount Prospect Subdivision in Section 12-41-1 1, recorded September 2, 1874, thence
southerly along the extension of the west property line of Lots 1 through 21 of Block 20 of
Mount Prospect Subdivision in Section 12-41-1 1, recorded September 2, 1874 to the northwest
corner of Lot 1 of Bruce's Resubdivision in Mount Prospect, thence easterly along the north
property line of Lot 1 of Bruce's Resubdivision in Mount Prospect extended to a point of
intersection with the east right-of-way line of Owen Street, thence southerly along the east right-
of-way line of Owen Street extended to a point of intersection with the southerly right-of-way
line of Northwest Highway, US Rode 14, thence northwesterly along the southerly right-of-way
line of Northwest Highway, US Route 14 to a point of intersection with the north right-of-way
line of Central Road; thence easterly along the north right-of-way line of Central Road to the
southwest corner of Lot 1 of Trapani's Resubdivision in Mount Prospect, thence northerly along
the west property line of Trapani's Resubdivision in Mount Prospect to the northwest corner of
Lot 1 of Trapani's Resubdivision in Mount Prospect, thence easterly along the north property line
of Lot 1 of Trapani's Resubdivision in Mount Prospect extended to a point of intersection with
the east right of-way line of Main Street, State of Illinois Route 83; thence southerly along the
east right-of-way line of Main Street, State of Illinois Route 83 to the point of beginning at the
point of intersection of the east right-of-way line of Main Street, State of Illinois Route 83, with
the north right-of-way line of Central Road, all located in part ofthe Northeast Quarter and the
Northwest Quarter of Section 12, and the Northeast Quarter of Section 11 all in Township 41
North, Range 11 East ofthe Third Principal Meridian, and in part of the Southwest Quarter and
the Southeast Quarter of Section 34, Township 42 North, Range 11 East of the Third Principal
Meridian all in Cook County, Illinois.
A-I
EXHIBIT B
FORM OF NOTICE OF PUBLIC HEARING
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
PROPOSED AMENDMENTS TO THE DOWNTOWN TIF No. 1 REDEVELOPMENT PROJECT AREA
AND PLAN
Notice is hereby given that on the 7th day of February, 2006, at 7:00 p.m. at the Village
Hall, 50 South Emerson Street, Mount Prospect, Illinois, a public hearing will be held to consider
the amendment of the Downtown TIF No. 1 redevelopment plan (the "Redevelopment Plan")
and the amendment of that redevelopment project area known as the Downtown TIF No.1
Redevelopment Project Area (the "Redevelopment Project Area "). The Redevelopment Project
Area consists of the territory legally described in Exhibit 1 attached and is generally described
below:
The existing Downtown TIF No. 1 is generally bounded by Northwest Highway on the
south and west, Central Road, Busse Avenue and Evergreen Avenue to the north, and Maple
Street and Owen Street to the east.
The proposed amendments include property generally located at the southeast corner of
Emerson Street and Busse Avenue, and property generally located at northwest corner of Main
Street and Central Road.
There will be considered at the hearing amendment of the Redevelopment Plan and
Project for and the amendment of the proposed Redevelopment Project Area and confirmation of
tax increment allocation financing therefor. The amended Redevelopment Plan and Project is on
file and available for public inspection at the office of the Village Clerk, Mount Prospect Village
Hall, 50 South Emerson Street, Mount Prospect, Illinois. Pursuant to the amended
Redevelopment Plan and Project the Village proposes to alleviate conservation area conditions in
the amended Redevelopment Project Area and to enhance the tax base of the Village and the
taxing districts having taxable property within the Redevelopment Project Area by utilizing tax
increment financing to fund various eligible project costs to stimulate private investment within
the Redevelopment Project Area. These eligible project costs may include, but may not be
limited to, studies, surveys, professional fees, property assembly costs, construction of public
improvements and facilities, financing, administrative and other professional costs, all as
authorized under the Tax Increment Allocation Redevelopment Act, as amended. The
Redevelopment Plan objectives include promoting and protecting the health, safety, morals and
welfare of the public by establishing a public/private partnership, establishing economic growth,
and development in the Village, encouraging private investment while conforming with the
B-1
',<"i"""",""""",,,,,,,,,,~,,,,,,,,,,,,~,",,,,'._"'",,,=e~=,,,",',,,~~,,,,,,,-=<,""''''__~''4<~-=_~'"w:";!7''''~';,'-:>-:'''.'7'W/IU'''i>'""I'''!'1e.'.'~''F''."""Z.W,'''''''':,,,")=,"lli,...=_="",.....""'.""".,."...'n''''o".....,...,~..,...'''~''''.,,._Z1;':1.,_>.,.,''''''.=.3''''"'".,~'""'''',:,,:<=''''''''~_____,~~,._,,~,....;,_=".__.~."'_.___"_._________.___ _~.
Village's comprehensive plan, restoring and enhancing the Village's tax base, enhancing the
value of the amended Redevelopment Project Area, improving the environmental quality of the
amended Redevelopment Project Area, and retaining and attracting employment opportunities
within the proposed Redevelopment Project Area. To achieve these objectives, the
Redevelopment Plan proposes to provide assistance by paying or reimbursing costs related to the
acquisition, construction and installation of public facilities, property assembly, site preparation
and improvement, environmental remediation, job training and other eligible redevelopment
project costs, the execution of one or more redevelopment agreements, and the payment of
financing, administrative and other professional costs.
Prior to the date of the hearing, each taxing district having property in the Redevelopment
Project Area and the Illinois Department of Commerce and Economic Opportunity may submit
written comments to the Village, to the attention of the Village Clerk, 50 South Emerson Street,
Mount Prospect, Illinois 60056.
There is hereby convened a joint review board to consider the amended Redevelopment
Plan and Project for and the designation of the proposed Redevelopment Project Area and the
confirmation of tax increment allocation financing therefor. The joint review board shall consist
of a representative selected by each community college district, local elementary school district
and high school district or each local community unit school district, park district, library district,
township, fire protection district and county that will have the authority to directly levy taxes on
the property within the amended Redevelopment Project Area at the time that the amended
Redevelopment Project Area is approved, a representative selected by the Village, and a public
member. The first meeting of said joint review board shall be held at 3 :00 p.m. on the 6th day of
January, 2006, at the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois.
At the hearing, all interested persons or affected taxing districts may file written
objections with the Village Clerk and may be heard orally with respect to any issues regarding
the amendment of the Redevelopment Plan and Proj ect for and the amendment of the
Redevelopment Project Area and the confirmation of tax increment allocation financing therefor.
The hearing may be adjourned by the President and the Board of Trustees of the Village without
further notice other than a motion to be entered upon the minutes of the hearing fixing the time
and place of the subsequent hearing.
/s/
Village Clerk
Village of Mount Prospect
Cook County, Illinois
B-2
- ,-,,", "-"~~.".,.,.....r"~_',""""'~""""'"";<=~~="''':-",'.'''''..",q,''"',:~',,,,,:::o/-:-:1'1="'::;",:"1.T.Jn'l.-V;:J:~'"_"'~"'=;';:;""''',:''''';''~';;:.T,,!:'.<l.',::::::m:;'''''':'''.CN'''"",,,.,,,,,,,=_,,,,_,,,,".""'."'.".AA""""~~__"___'____~~
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CERTIFICATION OF ORDINANCE AND MINUTES
I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk
of the Village of Mount Prospect, Cook County, Illinois (the "Village "), and that as such official
I am the keeper of the records and files of the President and Board of Trustees of the Village (the
"Corporate Authorities ").
I do further certify that the foregoing is a full, true and complete transcript of that portion
of the minutes of the meeting of the Corporate Authorities held on the _ day of _, 2005,
insofar as same relates to the adoption of an ordinance entitled:
AN ORDINANCE proposing the amendment of a Redevelopment
Plan and Project for and the amendment of the Downtown TIF No.
1 Redevelopment Project Area and the confirmation of tax
increment allocation financing therefor, convening a joint review
board and calling a public hearing in connection therewith.
a true, correct and complete copy of which said ordinance as adopted at said meeting appears in
the foregoing transcript of the minutes of said meeting.
I do further certify that the deliberations of the Corporate Authorities on the adoption of
said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken
openly, that said meeting was held at a specified time and place convenient to the public, that
notice of said meeting was duly given to all of the news media requesting such notice; that an
agenda for said meeting was posted at the location where said meeting was held and at the
principal office of the Corporate Authorities at least 48 hours in advance of the holding of said
meeting; that said agenda described or made specific reference to said ordinance; that said
meeting was called and held in strict compliance with the provisions of the Open Meetings Act
of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the
Corporate Authorities have complied with all of the provisions of said Act and said Code and
with all of the procedural rules of the Corporate Authorities.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the Village,
this _ day of _,2005.
Village Clerk
(Seal)
Trustees
moved and Trustees
seconded the motion
that said ordinance as presented and read by the Village Clerk be adopted.
After a full discussion thereof including a public recital of the nature of the matter being
considered and such other information as would inform the public of the nature of the business
being conducted, the President directed that the roll be called for a vote upon the motion to adopt
said ordinance as read.
Upon the roll being called, the following Trustees voted AYE:
The following Trustees voted NAY:
Whereupon the Village President declared the motion carried and said ordinance adopted,
approved and signed the same in open meeting and directed the Village Clerk to record the same
in full in the records of the Village President and Board of Trustees of the Village of Mount
Prospect, Cook County, Illinois, which was done.
Other business not pertinent to the adoption of said ordinance was duly transacted at the
meeting.
Upon motion duly made, seconded and carried, the meeting was adjourned.
Village Clerk