The Standing Committee of the Whole Meeting of August 20, 2012 was called to order by Mayor Iden at 7:00 p.m.

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1 MINUTES OF A STANDING COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE OF BLOOMINGDALE, HELD ON AUGUST 20, 2012 AT THE BLOOMINGDALE VILLAGE HALL 201 S. BLOOMINGDALE ROAD, BLOOMINGDALE, ILLINOIS I. PROOF OF POSTING: This meeting was duly posted according to State Law. II. CALL TO ORDER: The Meeting of was called to order by Mayor Iden at 7:00 p.m. III. ROLL CALL: Upon Roll Call by the Village Clerk, those in attendance were: PRESENT: Mayor Iden, Trustees Bolen, Czernek, Gebis, Hovde, King and Von Huben ABSENT: None ADMINISTRATIVE STAFF PRESENT Village Administrator, M. J. Bourke Assistant Village Administrator, B. E. Weber Director of Village Services, M. D. Marchi, P.E. Police Chief, F. Giammarese Finance Director, G. L. Szott QUORUM PRESENT IV. AUDIENCE PARTICIPATION: V. DISCUSSION: A) Public Safety: An Amendment to the Village Code Concerning Misdemeanor Retail Theft Chief Giammarese, referencing his memorandum dated August 8, 2012, informed the Board of the reasons for the change to the Village Code in regards to misdemeanor retail theft. The State Statute concerning retail theft was changed to increase the retail value of a theft that would prompt a misdemeanor charge to $ or under. The Village s Code currently reads a value or full retail value of one hundred fifty dollars ($150.00) or under. In response to questions, Chief Giammarese clarified the difference between retail theft of merchandise and theft of gasoline at the pump. He explained how charges could be filed in regards to these violations. There were no further questions. Following review by the Village Attorney, the ordinance on the matter will be placed on the Omnibus Agenda at the next Village Board Meeting.

2 Page 2 B) Public Safety: An Amendment to the Village Board Concerning Residential and Roadway Solicitation Chief Giammarese, referencing his memorandum dated August 16, 2012, informed the Board of the reason for the changes to the Village Code in regards to the residential and roadway solicitation sections. He stated that it would be his recommendation that door-to-door solicitation hours be restricted to the hours of 9:00 a.m. to 7:00 p.m. There has been litigation against municipal regulations setting a time limitation on evening solicitation hours to dusk. The Village Attorney will be asked to look into the constitutionality of this specific recommended change. The other recommended changes concern denying convicted sex offenders the ability to solicit residents door-to-door and the banning of roadway solicitation at one (1) additional intersection - Bloomingdale Road and Lake Street (Illinois Route 20). The reason for banning solicitation at Lake and Bloomingdale is the concern for the safety of the solicitors due to the overall size of the intersection. An increase in the solicitation permit fee is also recommended. In response to a question, Army Trail Road and Gary Avenue will remain available for solicitation since the overall size of this intersection is smaller than Lake and Bloomingdale. Trustee Bolen questioned the door-to-door solicitations being done by individuals who do not have permits. Chief Giammarese explained that permits are required to solicit and citations have been issued to those who do not comply. He clarified that there have been occasions where groups of out of state solicitors have appeared in municipalities without permits. The Police Department does enforce the solicitation ordinance and accepts calls from residents when they have questions/complaints concerning solicitors. The Police Department staff will make contact with these solicitors to determine if they have a permit; or if one is required; and will cite if they are required to be registered. Trustee Bolen requested that information on the Village s Code concerning residential solicitation be placed on the website and discussed in an Almanac article. In response to Trustee Gebis, Chief Giammarese stated that the Police Department encourages residents to call when they have concerns about solicitors. He explained that registered individuals should have picture identification showing that they have been issued a permit. He stated that charitable organizations do not have to register with the Village and explained the reasons why. Trustee Bolen suggested that an Almanac article be written to inform residents on how to determine if a solicitor is registered with the Village. It was noted that general information can be provided in e-news articles. In response to Trustee Hovde s questions, the changes to the time limitations will need to be reviewed by the Village Attorney. In the case of Schaumburg, the litigation s outcome was the reversal of the hours from dusk to the later time of 9:00 p.m. Chief Giammarese would like to change the time to an earlier time frame for safety reasons but that change would depend upon the Village Attorney s review. The section concerning fingerprinting will be stricken, and one does not need to be a resident to solicit. Following review by the Village Attorney, the ordinance on the matter will be brought back for further review.

3 Page 3 D) Finance & Administration: Proposed Revisions to the Public Use of Village Grounds and Facilities Policy, Originally Adopted in At the request of Mayor Iden, Ms. Weber reviewed her August 14, 2012 memorandum on the proposed revisions to the administrative policy concerning the public use of Village grounds and facilities. Trustee Gebis stated that he had written comments that he would pass along to Ms. Weber. Trustee Bolen questioned if any damages to Village property had occurred from groups using the meeting rooms. In response, there has been no history of problems or damages. Trustee Gebis stated that one of his comments on the proposed changes to the policy was that the smoking prohibition should state where smoking outside the building would be allowed. He asked that language be added to the section on Other Village Property to state that the Indian Lakes Open Space area is open for passive public use on a daily basis. Mayor Iden asked that Ms. Weber provide the Board with the revised policy following the revisions requested by Trustee Gebis, and any others that are needed prior to approval. E) Intergovernmental and Community Relations: Bloomingdale Park District s Proposed 2013 Old Town Festival of Lights Mayor Iden stated that the Park District is asking for financial support for their proposed 2013 Old Town Festival of Lights. The Park District has provided information concerning the proposed event, however, there are issues that remain, such as notification to residents surrounding the park, and the availability of adequate parking in the area. Trustee Czernek asked if the current Christmas Open House program would continue and the response was in the affirmative. Mayor Iden explained that it is proposed that the holiday lights would remain on during the season to allow individuals to drive or walk around and view them. The contribution to the program being asked of the Village is $10,000, which will be used as seed money to begin purchasing lights. It is expected that funds will be required each year to build up the lighting displays, if the event is deemed to be successful. In response to Trustee Czernek s question, the hotel motel taxes could be used to fund the Village s contribution. It was noted that Park District personnel would be responsible for most of the manpower. Mr. Bourke stated that the $10,000 would be a cash contribution, but there would also be in-kind contributions of Village personnel and commodity costs. Trustee Hovde questioned if generators would be used to run the lights, which could be a problem as generators have the potential to be very noisy. There were questions raised on how this program could affect nearby residents. Questions were raised as to if Village Services and Police personnel would be needed in some manner. This event is proposed for the holiday season of 2013, or the FY 14 budget. Mayor Iden and the Board were in favor of the concept, however, more in depth information should be provided as the plans evolve. It was noted that the Park District s proposal stated that they were going to ask for private contributions as well as public ones.

4 Page 4 C) Finance & Administration: Potential Redevelopment Agreement for the Springbrook Shopping Center Mayor Iden stated that the developer, Mr. Stelios Aktipis of Lake Ridge, L.L.C., and its representative, Mr. Kenneth R. Busse of Busse Consulting, Inc., were present. Mr. Bourke stated that in his memorandum to Mr. Busse dated August 6, 2012, additional language for the term sheet was requested. A revision to the summary financial notes was also included in the meeting packet. The proposal submitted by the developer requests reimbursement through the current TIF structure. A revised term sheet and budget has been prepared by the developer and is included the meeting packet. The emphasis of the TIF generated revenue contribution has been altered. The total TIF generated revenue reimbursement has lowered from approximately $1.9 million to $1.8 million. The Caputo s renovation reimbursement has been increased by an additional $200,000, and the term sheet has been altered to reflect these changes. Discussion took place concerning the items contained in the revised term sheet. Mr. Bourke discussed the language that was added to address a possible rental consideration/concession to Caputo s by the developer. Language was also added to address the Board s concerns to ensure continued proper maintenance of the center for the future. The language establishes strict maintenance standards. Financial assistance could be held until code violations are remedied and site plan standards are met. At the request of the developer, a force majeure section 18 was added. Mr. Bourke stated that the altered funding scenario is shown in Exhibit B. Mr. Bourke stated that if the letter of intent was approved by the Village, the developer would need to secure certain documents including a letter from Caputo s stating its intent to extend its lease for no less than 10 years. Other commitments would have to be secured immediately after the term sheet or redevelopment agreement would be approved at a later date. Trustee Bolen stated that he had reviewed the schedules with Mr. Szott and asked if there was anything further he would like to add, and Mr. Szott stated that everything had been covered from his perspective. Trustee King questioned if the $720,000 would go directly to Caputo s. The response was in the affirmative. Caputo s will be doing the renovation work, rather than the developer. Sworn statements are to be provided to the Village that the work has been done. Mayor Iden stated that the overall goal is to have Caputo s remain in the Village. Caputo s has agreed with the developer s proposed improvements and the lease. The TIF funding provides the opportunity to renovate its current operations. Caputo s will fund the additional 6,000 sq. ft. addition to its operation. Mr. Bourke stated that the total investment by Caputo s is $2 million with some of the dollars to be paid for by Caputo s, the TIF Fund, as well as the developer. The costs are approximately $1 million for renovation and $1 million for expansion.

5 Page 5 In response to Trustee Gebis question, the maximum TIF contribution is a net of $1.8 million. Interest will be paid on the notes and will run until pay off or until the end of the TIF. The developer is estimating that pay off will be in five or six years. It was noted that the value of the property should go up with the renovations/additions. In the term sheet, the developer will agree not to seek a lower property assessment. It was established that the only sales tax increment that will be used is the municipal retail occupational tax of 1%. The home rule sales tax is not included in the reimbursement. If the letter of intent is approved, a new redevelopment agreement would be prepared and the former agreement would end. The TIF runs until The proposed agreement expires when the note is paid off but can continue until the TIF expires. In a nutshell, the proposed reimbursement consists of $650,000 in Shopping Center improvements; $720,000 for the Caputo s renovation; $130,000 for the Dollar Tree renovation; and $302,000 for improvements/renovations to Outlot A and the building located there. Trustee Gebis questioned the ability of the developer to offer rent concessions. As to Caputo s, the developer will submit documentation to the Village, as to concessions to other tenants, the Village will not be involved. In addition, Caputo s will provide documentation for its expansion costs to be reimbursed, and the developer must also sign off on the proof. Trustee Gebis was concerned about the Village subsidizing this center and the developer using TIF funding to offer rental concessions that would draw other businesses in the Village to this location. He is not in favor of funding the Dollar Tree Store renovation. Discussion took place concerning the dollars to be spent for shopping center site improvements. The Village will readily know if the improvements are not done, and the funds from the note will be expended only after the work has been completed. Trustee Gebis questioned if the attorney has reviewed the documentation. Mayor Iden stated that the term sheet will be reviewed by the Village Attorney. Trustee Gebis has concerns because the Center was subsidized once. He questioned who the owners are of the center. He would like this information provided to the Board in writing. Trustee Hovde questioned the build out that has already occurred. Did the developer pay for it or did the tenant? Is the tenant receiving a rental discount? Mayor Iden asked for a breakdown of the $130,000. Mr. Aktipis stated that he has receipts for everything. Mr. Bourke stated that the Village Attorney has not done an in-depth review of all the documents that are in draft form, and has not received direction to actually draft a redevelopment agreement, however, the concept is well known to the Village Attorney, and he has not raised any particular concerns. Trustee Gebis asked that the attorney review the letter of intent, so the Board can understand the exact nature of the Village s commitment. Trustee Von Huben did not have a problem with moving forward with the request. Trustee Czernek agreed that the Village Attorney should review the letter of intent. Trustee Bolen also expressed concern about moving existing retail from one Village location to the center. Mr. Aktipis pointed out that there is a need to provide incentives to keep Caputo s at the Center. Caputo s is closing the Addison store, and has plans formulated for a new warehouse type of retail facility in Carol Stream. He would like to keep Caputo s in the Center. One of his proposed tenants is moving from a smaller space and expanding his business into a larger space within the Center.

6 Page 6 Mr. Busse stated that the State legislature has addressed the concerns expressed by the Board concerning moving existing retail to within a TIF District. The TIF Act prohibits the move of one retailer within ten (10) miles to a TIF District. The same rules for the TIF would apply to the sales tax agreement. Mr. Bourke stated that language can be placed in the term sheet, however, the Board is not being asked to approve the term sheet at this time. Trustee Bolen would like similar language to be included in the letter of intent. Mr. Aktipis thanked the Board for reviewing the proposal. He informed them that he will be out of town at the end of the month. Mayor Iden asked that the item be kept moving. F) Other Business VI. INFORMATION VII. COMMENTS FROM THE PUBLIC (AGENDA ITEMS ONLY) VIII. ADJOURNMENT: Motion by Trustee Czernek, seconded by Trustee Von Huben, to adjourn the Standing Committee of the Whole Meeting of at 8:04 p.m. All Trustees voted AYE. MOTION DECLARED CARRIED, MEETING ADJOURNED Respectfully submitted: imj Irene M. Jones Village Clerk