Loading...
HomeMy WebLinkAboutORDINANCES-1974-085-O-74• I' Amended September 30, 1974. 85-0-74 AN ORDINANCE 0. V. 7 Creating a Business District Redevelop- ment 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: 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 ec-. onomic welfare of the City of Evanston that an effective method be established to assist and encourage the revitalization, rede- velopment and continuous renovation of business districts in the City of Evanston; that the present condition of these districts -. as mate 'business areas practically devoid of vacant land is such that i.t is necessary to utilize affirmative action by the City and other public and private agencies in order to protect and enhance the tax 'case, 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 ex- ercise -of the powers herein provided is dedicated to the promotion of the public interest by 1) implementing the plans for these dis- tricts established by the -City Council of the City of Evanston, .2) by enhancing the tax base of these districts, and 3) by encour- aging: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 L'• ­2- • public interest. Of,'3 85-0-74 SECTION 2: Definitions. For the purpose of this Ordinance: a. Certified Business Districts: Any area so desig- nated by the City Council of Evanston and specified in Section 4 of the Ordinance-. ha Certified Redevelopment Project: A Certified Re- development Pr.gject is a Redevelopment Proposal which has passed through -the procedures of Section 9 of this Ordinance, and has been certifiedi by the City Council in their Ordinance of Certifi- cation. e,. Comprehensive General Plan: The plan as defined • by Ordinance I106-0-73, adopted January 7, 1964 by the Evanston City Council amd 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 Commission. SECTION 3: Business District Redevelopment Commission. There is hereby created a Business District Re- development Commission to consist of five members appointed by the Mayor of the City of Evanston with the advice and consent of the City Council. Members of the Commission shall.be citizens of broad civic interest, administrative experience or ability in the fields of architecture,finance, zoning, real estate, building, urban and community affairs or related endeavors. One of such mem- bers shall be designated by the Mayoras Chairman. The Chairman, and another member, shall be appointed to serve initial terms of three years. Two other members shall be appointed to serve initial L • 0 t`` S 85-0-74 -3- terms of two years. The remaining member shall be appointed to serve an initial term of one year. After the expiration of the initial terms, all subsequent appointments shall be for three- year terms, unless to fill a vacancy in an unexpired term. After two full terms, the members shall not be eligible for reappoint- ment. Members of the Commission shall serve without pay, and no member of the Commission shall hold or acquire any interest, di- rectllr or indirectly, in any redevelopment proposal, nor shall any members have any interest in any contract or proposed con- tract.in connection with such a proposal. Members of the Commis- sion 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. Three members of the Business.District Redevelopment Com- mission.shall constitute a quorum to transact business and no va- cancy shall impair the right of the remaining members to exercise all the powers of the Commission. Every act, order, rule, regu- lation or resolution of the Commission approved by at least three members thereof at a regular or special meeting shall be deemed to be the act, order, rule, regulation or resolution of the Com- mission. SECTION 4: Jurisdiction, The City Council of the City of Evanston shall designate, after public hearing, the areas to be classified as Certified Business Districts of the City, within which the Business District Redevelopment Commission may exercise the powers prescribed in this Ordinance. Such desig- nation under the powers of this Ordinance shall in no way change the zoning requirements for the areas involved. L., 85-0-74 • This Ordinance covers the following Certified Business Dis- tricts: SECTION 5: Powers and Duties of Business District Redevel- apment Commission. The Business District Rede- velopment Commiasi,an shall have the following powers, duties and responsibilities: a. Tv approve or reject in the manner prescribed in Section 9 all redevelopment proposals, provided that nothing herein shall be construed to prevent the sponsor of a rejected proposal from petitioning the City Council directly. • b. To initiate redevelopment proposals. c. To forward to the Council for Certification recom- mendations for implementation of all redevelopment proposals ap- proved by the Commission defined in sufficient detail, as out- lined in Section 9, so that the Certification of the proposal as submitted or amended by the Council is 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 exercise such other powers as shall be necessary to effectuate the purpose of this Ordinance. g. To keep detailed information.concerning the initial relocation of any occupant displaced by a redevelopment project. 0 1 85-0-74 -5- SECTION 6: Criteria for Redevelopment Proposals. The Com- mission 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 revitaliza- tion, redevelopment, continuous renovation and enhancement of the tax base of the affected business area so that it shall be more a'ttra:�tiveiy competitive with new business districts in surround- ing communities. b. The proposal conforms to the Comprehensive Plan for the City of Evanston adapted 1-7-74.and specific plans for the l 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 reconsidera- tion. SECTION 7: City Council Action. When consideration of an approved redevelopment proposal by the Council in accord with Section 9-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 speci- fied in the Ordinance certifying the Redevelopment Project. a. Initiate eminent domain proceedings for the acquisi- tion of real and personal property for the purpose of such pro- ject: b. Acquire, manage, convey real and --personal property property pursuant to such a project. c. Apply for and accept capital grants and loans from governmental or private sources for such a project. d. Enter .into contracts with any public or private• r. } 10 agency or person; 0 e�' `D ti 85-0-74 e. Sell, trade, lease or improve acquired property in , conjunction with such project. f. Employ all necessary persons for the planning, execu- tion and implementation of a business development project. g.. Improve, remove, demolish or otherwise alter ac- quired structures as part of such a project. To ilement the plan, the City Council may: a.' Borrow funds as necessary for the business district redevelopment. b. Issue general -obligation or revenue bonds as it shall • deem necessary, for such,a project, all in accordance with statu- tory limitation. Upon.the certification by the City Council of a redevelop - meet project hereunder, and the election of the method of execu- tion implementing such a project, the City Council shall desig- nate the Business District Redevelopment Commission as its agent to execute and implement the certified project. SECTION 8: Disposition of Acquired Property. The City Council, upon the recommendation of the Business District Redevelopment Commission, 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 instance shall property which is acquired pursuant to.this Ordinance be held for a period in excess of five years.from the date of acqui- sition, unless such property is leased to a private or public person or corporation as part of a certified redevelopment project. • • a -7- 85-0-74 SECTION 9: Procedures. Any interested party may submit a redevelopment proposal to the Commission. In any redevelopment proposal, the 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 hear- ing. The hearings shall be held only after notice by publication in a newspaper of general circulation within the municipality at least fifteen days prior to the hearing._ In connection with such hearings, the Commission shall prepare or have submitted for its consideration a description of the redevelopment proposal for the area to implement the official plans for the District as specified by the Comprehensive General Plan of the City and any other plans for the District approved by the City Council. A copy of the de- scription 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 mem- bers. The description of every proposal shall include, where ap- plicable, 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 market value of every parcel of land and improvement within the proposed project, and the total for each type of valuation. r Iis • 084 85-0-74 -8- d. Identification of those structures that are to be demolished and those that are to be retained. e. The location, dimensions, floor area, heights, type of construction.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 recom memded standards or levels of maintenance. f. 'The proposed treatment of open spaces, landscaping and, the exterior surfaces of all structures, including preliminary akmtches or renderings. g. The proposed means of ingress and egress, and the number, location and dimensions of parking spaces and loading darks. h. 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 improvements to be installed. i. The location and purpose of any proposed dedica- tion or easement. j. The location, dimensions and uses of adjacent properties, abutting public rights -of -way and easements,,and util- ities serving the site. k.. An adequate plan for relocating existing occupants. 1. Proposed financial arrangements and estimated pub- lic (governmental) costs to carry out the project._ m. Estimated assessed valuation and estimated fair 0 J 85-0-74 -9- market value of the total project,'for land and improvements, when completed. n. Estimated net change in municipal costs and reve- nues. o. Proposed development schedule. p. A statement showing the relationship of the propo- sal fta the Comprehensive General Plan, and all adopted policies or plate for the subject area q.. A zoning analysis indicating whether the proposal conforms to the zoning, ordinance, and if not, identifying every char.w--teristic not, in conformity therewith. • r. A draft of an ordinance of direction and authori- zation,from the Council to the Commission to act as agent for the Council. to implement the project if certified by the Council, such ordinance specifying in sufficient detail the action which the Council directs the Commission to take as agent. s. All other information necessary to establish that the proposal meets the requirements of this Ordinance. After the hearing or hearings and due consideration of pos- sible amendments to the proposal, the Commission shall promptly consider the proposal as amended and either recommend approval or disapproval as meeting the criteria of Section 4, giving its rec- ommendations and reasons -in writing to all concerned and the pub- • lic. If such action ends in approval, .the Commission shall send the complete description of the approved proposal to the City • 08 C • 85-0-74 -10- Council for certification of the project as a Certified Redevelop- ment Project. Within 6 weeks of its presentation by the Commis - sign, the Council shall either (a) certify the project by ordi- nance, as submitted or with suitable non -substantive amendments, (b) reject the proposal, or (c) return the proposal to the Com- mission for consideration of specific changes and, if required by the City Council, a new public hearing. . After certification by the Council, the Commission may thereafter exercise the powers and take the action specified by the Council pursuant to this Ordinance and the Certifying Ordi- nance to implement the Certified Redevelopment Project. SECTION 10: Cooperation of the City of Evanston. a.p 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 Illinois to assist the Commission in the pro- motion and consummation of redevelopment plans under this Ordi- nance. Such action shall include, but is not limited to, appro- priating funds and supplying manpower for the ongoing work of the Commission through the normal budgetary and 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 ful- fill the staff needs of the Commission in addition to performing f • q other duties of the City. J; 1 Introduced Sp,h„r iti ,1974 Adopted ..q=IrMber In 1974 d 85-0-74 00,7