HomeMy WebLinkAboutORDINANCES-1975-092-O-7592-0-75
AN ORDINANCE
Revised 10/27/75
11/28/75
Adopted as amended
12-1-75
Repealing Ordinance 85-0-74 and
Creating a Business District Redevelopment
Commission and Granting -Certain Powers to the Commission
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY,
ILLINOIS:
�. SECTION 1: That Chapter 2 of the Code of the City of Evanston, 1957,
as amended, be and hereby is.further amended by adding
thereto Sections 2-215 through Section 2-225, which shall read as follows:
112-215. Legislative Finding and Declaration. It is hereby found and
declared by the City Council of the City of Evanston that it is essential
to the social and economic welfare of the City of Evanston that an
effective method be established to assist and encourage the revitali-
zation, redevelopment and continuous renovation of business districts
in the City of Evanston; that the present condition of these districts
as mature business areas practically devoid of vacant land is such
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that it is necessary to utilize affirmative action by the City and
other public and private agencies in order to protect and enhance the
tax base, and to provide for the orderly redevelopment of these districts
so that they will be attractively competitive with the newer business
districts in surrounding communities. The exercise of the powers
herein provided is dedicated to the promotion of the public interest
by 1) implementing the plans for these districts established by the
City Council of the City -of Evanston, 2) by enhancing the tax base of
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these districts, and 3) by encouraging the future sound redevelopment
of said area. The use of such rights and powers for the development
and•redevelopment of such business districts as may be designated by
the City Council of Evanston is hereby declared to be a public use
essential to the public interest.
2-216. Creation of Commission. There is hereby created a Business
District Redevelopment Commission to consist of seven members, including!
a chairman, none of whom shall be aldermen.
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2-217. Appointment and Term of ,Office. The chairman and members of
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the Commission shall be appointed by the Mayor of the City of Evanston
with the advice and consent of the City Council. At l east .five of the
members, including the chairman, shall be residents of Evanston.' Members �
of the Commission shall be citizens of broad civic interest, administra-
tive experience or ability in the fields of.architecture, finance,
zoning, real estate,'building, urban and.community affairs or related j
endeavors. One of such members shall be designated by the Mayor as
Chairman. The Chairman, and two other members, shall be appointed to
serve initial terms of three years. The next two members shall be
appointed to.serve initial terms of two years and the two remaining
members shall be appointed to serve initial terms of one year. After ,
the expiration of the initial terms, all subsequent appointments shall
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be for three-year terms, unless to fill a vacancy in an unexpired term.
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After two full terms, the members shall not be eligible for reappointment.
Members of the Commission shall serve without pay, and no member of the !
Commission shall hold or acquire any interest, directly or indirectly,
in any redevelopment proposal, nor shall any members have any interest
in any contractor proposed contract in connection with such a proposal.
Members of the Commission may be dismissed by.the Mayor, or the vote
of two-thirds of the Aldermen holding office. Such.dismissal by the
Mayor may be set aside by a vote of three -fourths of the Aldermen-•
holding office. Four members of the Business Distri-ct'Redevelopment
Commission shall constitute a quorum to transact business, and no i
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vacancy shall impair the right of the remaining members to exercise
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all the powers of the Commission. Every act, order, rule, regulation
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or resolution of the Commission approved by -at -least four members
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thereof at a regular or special meeting shall be deemed to be the
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act, order, rule, regulation or resolution of the Commission.
2-218. Definitions. For the purpose of this ordinance:
a. Certified Business Districts: Any area so designated by the
City Council of Evanston and specified in Section 2-219 of the
ordinance.
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b. Certified Redevelopment Project: A Certified Redevelopment
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Project is a Redevelopment Proposal which has passed through the
procedures of Section 2-224 of this ordinance, and has been certified by
the City Council in its Ordinance of Certification.
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c. Conprehensive. General Plan: The plan as defined by ordinance
106-0-73, adopted January 7, 1974 by the Evanston'City Council and as
amended by subsequent Council action..
d. Redevelopment Proposal: A Redevelopment Proposal is deemed to
exist within a Business District whenever there is a proposal for
action under this ordinance for the use of the powers granted herein by
the Business District Redevelopment Commission.
2-219. Jurisdiction. The City Council of the City of Evanston shall
designate, after public hearing for which notice shall be given of the
time, place and subject of the hearing not more than thirty (30) days
nor less than fifteen (15) days before the hearing, by publishing a }
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notice thereof at least once in one or more newspapers having a general
circulation within the City and using the newspaper which carries the
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City's normal official announcements, the areas to be classifed as
Certified Business Districts of the City. The Business District Redevel-
opment Commission may exercise the powers prescribed in this ordinance t
only within said district(s). Such designation under the powers of this
ordinance shall in noway change the zoning requirements for the areas ,
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involved. No property designated in the Zoning Ordinance as being in a 1
residence district shall be included (either initially or by expansion)
in a Certified Business District.
This ordinance covers the following Certified Business Districts:
2-220. Powers and Duties of Business District Redevelopment Commission.
The Business District Redevelopment Commission shall have the following
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powers, duties and responsibilities:
a. To approve or reject in the manner prescribed in Section
2-224 all redevelopment proposals, provided that nothing herein shall
be construed to prevent the sponsor of a rejected proposal from
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petitioning the City Council directly.
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b. To.i.nitiate redevelopment proposals.
c. To forward to the City Council for Certification recommendations,
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including, but not limi.ted to recommendations with respect to the exer-
cise by the City of the City's powers of eminent domain. These recom-
mendations shall be for the purpose of implementation of all redevelopment
proposals approved by the Commission defined in sufficient detail, as
outlined in Section 2-224, so that when certified by the City Council,1
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the recommendation shall be a well defined directive to the Commission
to act as agent for the Council in implementing the Certified Redevelopment
Project.
d. To adopt and publish rules and procedures for the Commission
not in conflict with this ordinance.
e. To use resource persons for assistance and advice on specific
proposals at the discretion of the Commission.
f. To keep detailed information concerning the initial relocation
of any occupant displaced by a redevelopment project.
g. Require submission of an independent financial guarantee that
a given proposal will be completed, as approved, or, at the City's
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option, will be demolished if a default occurs. Methods of ensuring
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completion shall include, but not be limited to: performance bonds, to
which the City may be a party; letters of credit; and the deposit j
of liquid securities, including deposits under escrow.The Commission
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shall take precautions that the terms and amount of the guarantee are
adequate to ensure completion or demolition.
h. Before the City.snay exercise the power of eminent domain with
respect to a particular parcel of property, the Commission shall be
required to make specific findings, in writing, supported by fact, that:
(1) The Developer, the City, and The Commission have negotiated
in good faith with the owner of the parcel for purchase of
the parcel, and after using their best efforts to reach
agreement, no agreement could be reached;
(2) No reasonable alternative to the taking exists;
(3) A satisfactory relocation and reimbursement plan for the
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occupants displaced has been approved by the Commission.
i. To exercise such other powers as shall be necessary to
effectuate the purpose of this ordinance.
2-221. Criteria for Redevelopment Proposals.. The Commission shall,
prior to approval of a proposal for submission to the Council for
certification of a redevelopment project, make specific findings
that:
a. The project will assist and encourage the enhancement of the
tax base and the revitalization, redevelopment, and continuous renovation
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of the affected business area so that it shall be more attractively
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competitive with newer business districts in surrounding communities.
b. The proposal conforms to the Comprehensive Plan for the
City of Evanston adopted 1-7-74, or thereafter amended, and specific
plans for the business district approved by the City Council.
If such findings cannot be made, the Commission shall not approve '
the proposal or submit it to.the Council for consideration.
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2-222. City Council Action. a. When consideration of an approved
redevelopment proposal by the Council in accord with Section 2-224
results in Council certification of a redevelopment project, the
Council shall direct the Commission as its agent to exercise any or
all of the following powers as specified in the ordinance certifying !
the Redevelopment Project. I
1. Initiate, as the City's agent, eminent domain proceedings for
the acquisition of real and personal property for the purpose of such
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project, but only as to property specifically described in the ordinance;
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or in the City Council's instrument of direction.
2. Acquire, manage, convey real and personal property pursuant
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to such a project..
3) Apply for and accept capital grants and.loans from governmental.
or private sources for such a project.
4) Enter into contracts with any public or private agency or
person, including contracts for the independent financial guarantee for
the proposal.
5) Sell, trade, lease or improve,acquired property in conjunction
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with such project.
6) Employ all necessary persons for the planning, execution and
• implementation of a business redevelopment project.
7) Improve, remove, demolish or otherwise alter acquired structures
as part of such a project..
b. To implement the plan, the City Council may:
1) Borrow funds as necessary far the business district redevelopment.
2) Issue general obligation or revenue bonds as it shall deem
necessary for such a project, all in accordance with
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statutory limitation.
c. Upon the certification.by the City Council of a redevelopment
project hereunder, and the election of the method of execution implement-
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ing.such a project, the City Council shall designate the Business
District Redevelopment Commission as its agent to execute and implement
the certified project.
2-223. Disposition of Acquired Property. The City Council, upon
• the recommendation of the Business District Redevelopment Commission,
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may authorize the disposition by sale, lease, trade, or other conveyance;
of acquired real or personal property in accordance with the provisions
relating to the sale or lease.of property of the City Code. In no i
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instance shall property which is acquired pursuant to this ordinance i
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be held for a period in excess of five years from the date of acquisition,
unless such property is leased to a private or -public person or
corporation as part of a certified redevelopment project.
2-224. Procedures. Any interested party may submit a redevelopment
ro osal to the Commission.. In any redevelopment proposal, the
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Commission shall define the area within the Business District to be
redeveloped by the proposal, and shall make such investigations and
hold such hearings as may be required, including at least one evening
or Saturday public hearing. The hearings shall be held only after
notice by publication in a newspaper of a general circulation within
the municipality and using the newspaper which carries the City's
normal official announcements at least fifteen days prior to the
hearing. In connection with such hearings, the Commission shall prepare
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or have submitted for its consideration a description of the redevelop-
ment proposal for the area to implement the official plans for the
District as specified by the Comprehensive General Plan of the Ci.ty and
any other plans for the District approved by the City Council. A copy
of the description of the proposal shall be'available to the public two
weeks prior to the hearing, and shall be submitted to the City Manager
for distribution and comment from appropriate staff members.- The
description of every proposal shall include, where applicable, but is
not limited to:
a. The location, street address, legal description, dimensions
and total area of the site.
b. A description of all existing buildings, structures and uses
and the condition thereof.
c. The most current assessed valuation and -estimated fair
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market value of every parcel of land and improvement within the proposed,
project, and the total for each type of valuation.
d. All parties having a legal or beneficial interest, directly
or indirectly, in the project or in the property on which it is to be.
constructed.
e. Identification of those structures that are to be demolished
and those that are to be retained.
f. The location, dimensions, floor area, heights, type of con-
struction and use(s) of each building or structure to be constructed
or remain on the site, including a description -of alterations and
rehabilitation of existing -structures and recommended standards or
levels of maintenance.
g. The proposed treatment of open spaces, landscaping and
the exterior surfaces of al.l structures, including preliminary sketches
or renderings.
h. The proposed means of ingress and egress, and the number,
location and dimensions of parking spaces and loading docks.
i. The proposed traffic and circulation plan within the area of
the development, including any proposed alterations to or vacations
of public streets, alleys or rights -of -way, and any public traffic
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improvements to be installed.
j. The location and purpose of any proposed dedication or
easement.
k. The location, dimensions and uses of adjacent properties,
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abutting public rights -of -way and easements, and utilities serving
the site.
1. An adequate plan for relocating and reimbursing existing
occupants.
m. Proposed financial arrangements and estimated public (govern-
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mental) costs to carry out the project.
n. The proposed terms and amount of an independent financial guar
antee to ensure that the proposal will be completed, or, at the City's
option, will be demolished.
o. Estimated assessed valuation and estimated fair market value
of the total project, for land and improvements,.when completed.
p. Estimated net change in municipal costs and revenues.
q. Proposed development schedule.
r. A statement showing the relationship of the proposal to the
Comprehensive General Plan, and all adopted policies or plans for the
subject area.
s. A comprehensive zoning analysis indicating whether the proposal'
conforms to the Zoning Ordinance.
t. A draft of an ordinance of direction and authorization from
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the Council to the Commission to act as agent.for the Council to
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implement the project if'certified by the Council, such ordinance
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specifying in sufficient detail the action which the Council directs
the Commission to take as agent.
u. All other information necessary to establish that the proposal
meets the requirements of this ordinance.
After hearing or hearings and due consideration of possible
amendments to the proposal, the Commission shall promptly consider the j
proposal as amended and either recommend approval or disapproval as f
meeting the criteria of Section 2-221, giving its recommendations and !
reasons in writing to all concerned and the public.
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If such action ends in approval, the Commission shall send the
complete description of the approved proposal to the City Council for
certification of the project as a Certified Redevelopment Project.
Within 6 weeks of its presentation by the Commission, the Council shall iII
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either (a) certify the -project by ordinance, as submitted or with
suitable nonsubstantive amendments, (b) reject the proposal, or (c)
return the proposal to the Commission for consideration of specific j
changes, and, if required by the City Council, a new public hearing.
After certification by the Council, the Commission may thereafter
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exercise the powers and take the action specified by the Council
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pursuant to this ordinance and the Certifying Ordinance to implement
the Certified Redevelopment Project.
2-225. Cooperation of the City of Evanston.
a. The City Council of the City of Evanston shall from time to
time utilize such powers as it may.have under the laws of the State of
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Illinois to assist the Commission in the promotion and consummation
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of redevelopment plans under this ordinance. Such action shall include,
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but is not limited to, appropriating funds and supplying manpower for
the ongoing work of the Commission through the normal budgetary and
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appropriation process, as well as providing funds for the work entailed
in any Certified Redevelopment Project.
b. The Commission shall advise the City Manager of its staff needs
and shall, together with the City Manager, appoint an executive director
who shall act as secretary to the Commission and keep the minutes of its
meetings. The staff may be composed in whole or in part of employees of
the City of Evanston who fulfill the staff needs of the Commission in
addition to performing other duties of the City."
SECTION 2: That ordinance 85-0-74 adopted September 30, 1974, creating
a Business District Redevelopment Commission, is hereby
expressly repealed.
SECTION 3: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner
)rovided by law.
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Introduced is m 197.5
Adopted 1975
Approved 1975
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Mayor
ATTEST:
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City.Clerk
A
Approved as to forr:'
corporation Counsel