PUBLIC HEARING MINUTES
TO CONSIDER THE VILLAGE OF VERNON HILLS
PROPOSED TOWN CENTER TAX INCREMENT FINANCING
REDEVELOPMENT PROJECT AREA
MARCH 5, 2002
7:00 PM
MEETING OF THE BOARD OF TRUSTEES
The meeting was called to order at 7:07 PM.
Trustee Duros made a motion to recommend Trustee Hebda act as President Pro-Temp. Trustee Ryg seconded the motion: A roll call was taken as follows:
AYES: Williams, Ryg, Duros, Hebda
NAYS: None
ASTAIN: None
NOT PRESENT: Henley, Koch, Byrne
Staff Members Present:
Manager Allison, Assistant Manager Kalmar, Attorney Kenny, Assistant to the Manager Teich, Village Engineer Brown, and Finance Director Larry Nakrin
Trustee Koch arrived at 7:25 p.m.
Stephen Friedman of SB Friedman & Co., Village Consultant, gave an overview of the TIF District and the mechanics of the budget. He reviewed a summary of the plan, and the goals and objectives.
Assistant Manager Kalmar reviewed the agenda packet that included the Joint Review Board minutes of January 23, 2002 and the Joint Review Board 2002-01 Resolution, which unanimously recommended approval of the draft ordinances. He stated that also included in the packet were the Public Notice and a letter dated January 11, 2001, noted for the record was a correction that the year should be 2002, from Attorney Larry Clark who represents Palma Darby, property owner at southwest corner of Routes 21 and 45, stating her objections to the proposed TIF District.
President Pro Temp Hebda opened the floor to public comment.
Audrey Echales, 190 Southgate – Environmental Committee
Ms. Echales stated that she agreed the corner needed sprucing up and was glad that it would be done. Her concern was why the map boundaries went as far northwest as Port Clinton Road.
Assistant Manager Kalmar responded the area was Village-owned property, conservation/open space, included as part of the District in anticipation of improvements should the Board decide to incorporate it as part of a pathway system or other option. Attorney Kenny stated that if utilities were to run through that section of the right-of-way, they could be included as part of the cost of the TIF District. Assistant Manager Kalmar stated most of the area was flood plain and most likely would not be developed. If the plan progresses as shown, Port Clinton Road would be improved and was adjacent to the site.
Ms. Echales asked if at the time of construction would there be height restrictions on the buildings. She felt any building should be limited to one or two stories.
Assistant Manager Kalmar responded that the design perimeters set for the District were included in the corridor study and there were design limitations, which he believed were 35 feet or 2 1/2 stories. He stated the zoning code would apply and there were no plans for large scale buildings in that location.
Ms. Echales stated that there was a six-story building on the southwest corner of Milwaukee Avenue and Route 22 in Lincolnshire that she felt stood out and was an eye sore.
Ms. Echales confirmed that there would be no voting tonight.
Ms. Echales asked when building in general that there not be building for the sake of building. She stated that Lincolnshire has had problems with nice buildings being vacant and did not want big empty stores. She asked if there were provisions for failed businesses and empty buildings in the TIF District.
Trustee Duros stated that an important part of a TIF District was to develop a defined plan before acquiring or expending monies. He stated the Village Board had addressed all the issues and had been very conservative.
Trustee Ryg stated that the corridor planning study document gave a better perception of the concepts of the plan and showed a TIF District was an appropriate mechanism for development under a coordinated concept plan. She stated the College of Lake County was a driving factor in the plan and an asset to the community. She appreciated Ms. Echales concern for the height of the buildings. She felt there was clear public sentiment that the area remained as natural and rural as possible. She felt the workshops addressed avoiding "development by sprawl." She felt the corridor plan document laid out a good compromise for property owners to do what they needed to do, allowed the corner to be coordinated to meet some of the community needs, and built on some strengths, CLC being one. She stated as the process progresses there would be more discussion on individual developments but the Board would not be starting from square one. There would be a good plan that the property owners agreed to in concept that was very proactive rather than reactive. She stated Ms. Echales comments were well taken because of the shared concerns. The planning document was very well thought out and could be used as a reference as plans come in, so there would be no surprises.
Attorney Kenny wanted to clarify that the creation of the TIF and the money generated by this TIF fund could not be spent on building buildings for private development. The creation of the TIF District was not putting the Village in the position of building a strip center and then waiting for developers to come. It would allow the Village to build the infrastructure that was necessary to allow a qualified developer to say now that the utilities are in place there is an interest in building something.
President Pro Temp Hebda stated that the reason the Board moved forward was because they did not want to piecemeal different developers coming in with different plans. The Board wanted a map, which the LaKota Group helped develop, to use as a guideline.
Ms. Echales asked what was the timeframe of the TIF.
Attorney Kenny stated the necessary three ordinances to create the TIF District were scheduled to be on the Board agenda for March 19. Those ordinances created the TIF District. Assistant Manager Kalmar stated it would be staff’s recommendation to make no decision until April 2 to allow for additional comments and questions. Trustee Ryg asked if the evening that the ordinances were passed was the start of the 23 year period of the TIF District. Attorney Kenny replied in the affirmative. He stated the Village had been working on this concept for a long time and when it came to fruition, it might appear quick to some, but staff’s work had been ongoing for a long time.
Ms. Echales concluded by asking if the Village could just stop building altogether.
Morrie Gabel, President of Heritage Creek on the northeast corner, stated he was unclear if the College’s driveway was coming out to their driveway across the street; looks like the indentation went up to their driveway, was there going to be a traffic light at an entrance off of Milwaukee Avenue to the shopping center?
Stephen Friedman explained typically the boundaries were drawn to include both sides of the street’s public rights of way to allow TIF funds to be used within the public rights of way.
Mr. Gabel stated if there was going to be an entrance on Milwaukee Avenue, a traffic signal would be necessary due to the difficulty in getting out.
Village Engineer Brown responded that in terms of a connection on Milwaukee Avenue, the plans shows a connection extension of Port Clinton Road, in connecting the alignment would be with Wilshire. There was a higher probability of getting a traffic signal from the State due to the proximity of the intersection and the traffic generated by Wilshire, which was a logical point to interconnect the roadway.
Mr. Gabel asked if both the north and the south sides of Route 45 were included.
Mr. Friedman replied they were.
Mr. Gabel asked if there was a plan for specific stores. He confirmed this was only a public hearing for approval for the project to go forward and anything beyond that will have to be taken into consideration.
Assistant Manager Kalmar stated this public hearing was a consideration for putting the TIF District in place and there were no specific projects to be approved anywhere in the proposed TIF District.
Mr. Friedman clarified that the TIF created a financing vehicle. It did not change zoning, did not approve a specific development project. It created a financing vehicle that could be used as you go forward through the normal procedures implementing the concept plan, reviewing projects in the normal course, and provided financing tools to help implement those projects. It did not pre-approve any specific development project. It was a framework and tool put in place to help provide the funding to do projects, such as a traffic light. He stated putting the tool in place was all that was happening tonight.
Rob Rush, 23298 N. Highway 45, stated he would like to address the entire room to ask if they had ever had the place that you lived in all of sudden - you got to get out of there. He stated it was stressful and was requesting as much information as possible to reduce his stress level.
Attorney Kenny asked if his specific concern was for the development and redevelopment of that area and what projects are going in.
Mr. Rush stated his specific concern was to be part of the process because he lived within the boundaries of the area that would be affected.
Attorney Kenny clarified this was only a financing vehicle to provide funding to put utilities in place to allow the area to become desirable for redevelopment. Individual projects need to go through all normal processes. There was no immediate developer looking to go forward yet.
Mr. Rush’s concern was that he did not know if there would be further public hearings. He was concerned about the cost of sewer and water. He stated he had no information.
President Pro Temp Hebda asked that he be kept informed.
Trustee Koch stated if you owned your home you could stay indefinitely, this was not a condemnation process, but a financing vehicle.
Mr. Rush stated condemnation was mentioned in the budget and he felt anything could happen. He noted Mayor Daley’s airport runways and moving people in Bensenville.
Trustee Koch noted this was different and that properties within 250 feet must be notified of any hearing.
Manager Allison stated that there were specific steps required for any development, which included public discussion in this process.
Attorney Kenny stated that one of the steps of a TIF District for notification was the creation of an Interested Persons Registry. He suggested that Mr. Rush’s name be added to that list.
Mr. Rush stated he had done research at the library and felt the elected officials determined the next move. He stated he had an uneasy feeling – not specific but there.
Bruce Green, 23480 N. Highway 45, stated he received the recent registered letter regarding the meeting that contained a lengthy legal description and a little map with all the lines with no roads - no nothing. He felt he was left in the dark and confused. He asked if the notification was meeting the obligations by doing the absolute minimum required by law. He did not feel it informed the people impacted.
Attorney Kenny stated the state statute was very clear as to the requirements of the notification. If the statute was not followed specifically, the notice could be deemed invalid and affect the entire TIF District. The Village was constrained so that it complied with the law, but Mr.Green’s points were well taken.
Mr. Green understood constraints, but would like an informal meeting to explain to residents what was going to happen to their homes.
Assistant Manager Kalmar stated that the study had been ongoing for over a year. The Board had held public meetings and workshops. Notices had been sent for the meetings and workshops. There had been significant work done by the Board, consultants, and residents to formulate the plan presented. John stated he would be happy to meet with Mr. Green and walk through the plan, the intent, and documentation.
Mr. Green stated he owned his property for two years. He received the public hearing notifications, but did not receive notifications for the planning process. He asked if other property owners received notifications.
President Pro Temp Hebda stated notifications were sent and received by other property owners.
Attorney Kenny stated that there could have been a delay with the transfer of property. The notifications were sent to the taxpayers.
Assistant Manager Kalmar offered to show Mr. Green the plan and walk through the process. He would check the notification mailing records.
Mr. Green stated that offer provided a comfort level for impacted residents.
Trustee Ryg stated a concern about the Board’s ability to control development. She stated people would probably prefer not to have a lot of changes in that area. Part of the purpose of the undertaking was keeping in mind that individual property owners could sell to another party who could develop as long as it complied with proper zoning. The Board’s concern was that the property owner was more at risk if there was no plan because each property owner could do their own thing. The purpose was to give property owners an opportunity to participate in the planning. She extended an apology that Mr. Green did not get that opportunity. She stated she hoped the participants did feel that they were heard. She stated there was no protection against change, but with a plan it would be coordinated and property owners could make a decision about the area for their homes or take advantage of the opportunities presented through redevelopment. She felt this was more protection for property owners rather than taking things away because that was not the intent and the TIF District does not do that.
Mr. Green stated that being able to raise the money and achieve projects was good, but he felt the Board must go beyond the minimum legal level to inform the impacted residents. He appreciated the Board’s time and effort.
Trustee Williams wanted to reemphasize that there were no hidden agendas, there were no plans for a big development in the next few years/months/ weeks, no one was out to take anyone’s property away – property owners have not given up that right. She felt the Board had been responsive to their constituents and would like staff to respond to why Mr. Green was not notified. She stated the Board had done a good job of keeping constituents informed by televising meetings and publishing agendas. She was perturbed that more information had not filtered down and encouraged residents to call the Village staff. She stated the Board and the staff would be willing to hold another meeting if necessary to achieve a comfort level and assurance that there was no intention of taking property away.
Trustee Koch asked if the highways on the Exhibit 2 map could be labeled for reference points.
Assistant Manager Kalmar stated it would also be put on the Village’s website.
VI. Discussion
President Pro Temp Hebda asked if there were any further public or Board comment. There were none.
VII. Adjournment of the Public Hearing
President Pro Temp Hebda called for a motion to adjourn. Trustee Williams motioned to adjourn, Trustee Koch seconded, on voice vote, motion passed unanimously.
The meeting was adjourned at 8:05 PM.
Respectfully submitted,
Evan Teich
Assistant to the Village Manager