PLAN COMMISSION 2012/11/14 MinutesThe City of Lake Forest
Plan Commission
Proceedings of the November 14, 2012
A regular meeting of the Lake Forest Plan Commission was held on Wednesday,
November 14, 2012, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest,
Illinois.
Commission members present: Chairman Jack Reisenberg, Commissioners
Augie Ziccarelli, Lloyd Culbertson, Michael Ley, Jim Carris and Jeff Kuchman.
Commissioner absent: John Anderson
Staff present: Catherine Czerniak, Director of Community Development
City Consultant present: Lee Brown, Teska and Associates
1. Introduction of Commissioners and staff.
Chairman Reisenberg introduced the members of the Commission and City
staff.
2. Approval of minutes.
Approval of the minutes was postponed.
3. Background Information: An informational presentation on Tax Increment
Financing Districts in preparation for an upcoming agenda item. No
Commission action is required.
Presented by: Lee Brown, Teska and Associates and City staff
Ms. Czerniak introduced Lee Brown, President, Teska Associates, noting that
Teska and Associates worked closely with the City on the only Tax Increment
Financing District (TIF District) established in the City of Lake Forest to date. She
noted that the existing TIF District is located in the western part of Lake Forest
and will expire at the end of this calendar year. She explained that a
subcommittee of the City Council, the Property and Publ ic Lands Committee,
recently put out a Request for Proposals for a TIF Consultant, received and
reviewed proposals, interviewed selected candidates and at the conclusion of
the process, selected Teska and Associates and its partners as the City’s
consultant for this project. She explained that the purpose of tonight’s meeting
is to provide the Commission with basic knowledge about the TIF process and TIF
Districts in general before specific and detailed discussions begin during the first
quarter of the coming calendar year. She acknowledged that some of the
Commissioners may have some understanding of TIF Districts due to past
experience or work experience while others may not have any familiarity with
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the topic. She stated that this presentation is intended to give all of the
Commissioners a working knowledge from which to start these discussions. She
stated that although it is no secret that the consideration of a TIF District is
directed at the City owned property at Laurel and Western Avenues, she
emphasized that this discussion is a general discussion about TIF Districts and will
not focus on that property at this point in the process. She explained that in the
coming months, after the Commission completes its work, study and public
hearings, it is expected that the Commission will make recommendations to the
City Council on whether a TIF District is an appropriate tool for the Laurel and
Western Avenue redevelopment project, on the redevelopment plan for that
site and on whether the timing for moving forward with the project is right. She
stated that the Commission and staff are fortunate to have Lee Brown as an
advisor and consultant to assist with this process given his expertise and
experience. She invited a presentation from Mr. Brown. She reiterated that the
purpose to this meeting is to educate the Commission and that no Commission
action is requested.
Mr. Brown stated that he is looking forward to working with Commission and City
over the coming months. He noted that this presentation is intended not only to
educate the Commission, but also the public. He commented that
communities have very few tools available to encourage private investment in
properties when it is not happening on its own. He explained that many
immediately, and mistakenly, label TIF Districts as a tax. He stated his intent to
provide a basic understanding of what a TIF District is and what it does; what it
can do and what it cannot do. He started by reviewing the fundamentals of
the process of establishing a TIF District and what a TIF can do.
He stated that the process for establishing a TIF District is very well articul ated in
the State Statues, but acknowledged that the document is difficult to read. He
stated that the process begins by establishing the boundaries of the TIF District
which involves determining whether the proposed district is eligible under the
Statutes and if so, after public hearings, the adoption of a specific set of
Ordinances by the City Council. He stated that the County then certifies the
base value of the land and improvements within the boundaries of the TIF
District. He stated that it is worth noting that from the start, neither the taxes, nor
the base values of the District are frozen. He explained that an important point
is to understand that the increased tax generated by the growth of the value of
the property within the district, over the established base, is called the
“increment”. He explained that the increment is used to make additional
investments in the project area and cover expenditures being made to support
public improvements in the right-of-way or on the property to support
redevelopment of the site. He stated that what occurs is ideally a cycle that
works best when the momentum on the property builds. He explained that
public investment encourages private investment, which builds the value and
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generates the increment, which in turn goes to pay off the public improvements
that were made.
He noted that there are specific tests used to determined eligibility for the
various types of TIF Districts such as minimum size, designation of an area as
blighted or as a Conservation District and physical characteristics that indicate
that the property is going in the “wrong direction”. He emphasized that TIF
Districts are not established in areas that are thriving. He explained that TIF
Districts are established in areas that for physical or economic reasons have an
impediment to development occurring under natural market conditions. He
further explained that the City has to establish “but for” the TIF District, the area
will not develop on its own. He explained that the set of tests that need to be
made will ultimately guide the City Council in determining whether the TIF District
should be established.
He reviewed the four types of TIF Districts, Districts for: developed properties,
undeveloped properties, Conservation Areas and industrial areas and noted the
number of the applicable factors that need to be met for each type of TIF
District. He stated that the State Statutes are very specific about eligibility
requirements for TIF District. He reviewed some of the characteristics that are
considered including: dilapidation or deterioration of buildings and conditions,
obsolescence, whether there is still a market for the original use, compliance
with current Codes, illegal activity and whether there is excessive vacancy. He
clarified that vacancy itself is not a determining factor, but excessive and
ongoing vacancy, in combination with the required number of other factors is
considered. He added that lack of ventilation, sanitation issues, inadequate
utilities, the need for environmental clean-up, lack of consistency with a
community plan (or lack of a plan for the area), a decline in assessed value in
recent years, or a failure for an area to increase in value at the same rate as the
rest of the community.
He continued to review the process for establishing a TIF District. He stated that
for TIF Districts proposed for areas which include 75 or more existing residential
units or require the relocation of 10 or more residential units, a feasibility study is
required. He noted that for districts that do not meet those criteria, a feasibility
study is not required. He explained that as part of the preparation for the
establishment of a TIF District, a redevelopment plan must be adopted. He
explained that the Plan Commission is responsible for the planning part of the
process; while the budgetary program aspect of the TIF District, where the
money comes from and where it will go, will in this case fall to a greater extent
under the purview of the Property and Public Lands Committee of the City
Council. He stated that the Statutes establish a process for public notification
based on whether the TIF includes the minimum number of existing residential
homes or not but noted that in any case, any interested resident has the
opportunity to register as an interested party and will receive notice of any
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public hearings held on the TIF District. He stated that a Joint R eview Board must
be established noting that it is made up of representatives of other taxing
districts, and a member of the public. He explained that the Joint Review Board
will review the eligibility criteria and standards for TIF Districts and will also make a
recommendation to the Council on the establishment of the District. He noted
that if the recommendation is positive, it is simply considered by the Council but
if the recommendation of the Joint Review Board is against the establishment of
the TIF District, this forces a substantial majority vote by the Council, rather than
just a simple majority by which the District would need to be approved. He
clarified that the Joint Review Board does not have veto power over the
decision of the City Council. He stated that typically, the Plan Commission
conducts the required public hearings and makes a recommendation to the
City Council regarding the appropriateness of a TIF District as part of the City
process in addition to the recommendation from the Joint Review Board. He
explained that after receiving a recommendation from the Plan Commission,
the City Council has time periods within which an ordinance establishing the TIF
District can be adopted and cannot be adopted, for instance the Ordinance
cannot be adopted before the passage of a certain period of time, or after a
certain period of time.
He reviewed the elements of a TIF Redevelopment Plan and the areas in which
the Plan Commission will be most involved. He stated that the Plan Commission
will consider appropriate boundaries for the District, why there is a need for
redevelopment of a particular area and will need to discuss and detail why “but
for” a TIF District, the area will not redevelop to established community
standards or in a manner consistent with the Comprehensive Plan. He added
that the TIF Redevelopment Plan also includes an explanation of what is
intended from a land use perspective in the District in either a conceptual or
more detailed form. He stated that the Redevelopment Plan will include a
budget for the life of the TIF district noting that through the process, there is a
means for shifting and sharing of funds, but emphasized that a cap is set on the
total amount of funds. He added that the Plan includes an evaluation of the
impact of the proposed District on other taxing bodies for instance, will it
generate costs that are unrepresentative of what these bodies will receive at
the end of the life cycle of the TIF District through the generation of an
unreasonable number of students or park users. He noted that the
Redevelopment Plan must include a timetable for the overall redevelopment.
He reviewed how TIF funds can be used noting that there are administrative
costs incurred by the municipality throughout the life of the TIF District which can
be covered by the revenue generated. He stated that property consolidation
and assembly can be paid for by the District for properties that will be in public
ownership or properties that would be made available for private development
as part of the planned redevelopment. He stated that TIF funds can be used to
rehabilitate or renovate existing public buildings, construct public works project
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and improvements, job training, relocation expenses, financial costs including
interest assistance to a developer, studies and surveys and marketing of
individual sites or the District as a whole. He added that other costs that can be
covered by TIF funds include professional services, demolition and site prep and
for larger cities, specifically Chicago, some unique expenses such as day care
for instance. He stated that there are limitations on how TIF funds can be used
noting that dollars must be used in the TIF District. He acknowledged special
circumstances where, if there are two adjacent TIF Districts, the law allows funds
to be generated in one District and used in the other stating that in larger
communities, again, Chicago, it is not unusual for two TIF districts that were
established years apart to be adjacent to each other . He stated that in the City
of Chicago the constant moving of dollars from one TIF District to another is
often raised as a concern. He stated that TIF monies cannot be used outside of
a TIF District. He explained that there are specific restrictions on the use of TIF
dollars noting that they cannot be used to develop a golf course or public lands
that are preserved for camping, hunting or nature preserves. He stated that
there are limitations on amount of dollars that can be used for consultants and
stated that some municipal buildings such as new police stations, cannot be
constructed with TIF dollars. He stated that general marketing of the TIF District is
not allowed and “make whole agreements” are not allowed. He explained that
a make whole agreement would be used to compensate other taxing districts
for the loss of increase in taxes due to the TIF District. He noted however that the
law provides a formula to account for students generated by redevelopment of
the site which compensates school districts only. He stated that the life of a TIF
District is limited to a period of 23 years but noted that a District can be in place
for a shorter period of time and can be closed out early. He stated that if a
District does not accomplish its goals within 23 years, a request can be made to
the Legislature to change the law to extend a specific TIF District for up to 35
years. He stated that of the 1,100 or so TIF Districts in the State, less than 40 have
been extended.
He noted that typically, projects funded by TIF monies include redevelopment of
buildings, infrastructure improvements, the development of housing in areas of
need, clean-up of polluted property and most often, improving the viability of
business districts. He stated that the primary use of TIF Districts is improving
business districts and redeveloping property located in and near business
districts. He added that TIF Districts are also used to establish new sites for
commercial and industrial uses and to rehabilitate historic properties.
He reviewed the roles played by the various parties in the creation,
implementation and oversight of TIF Districts. He stated that the work of the
consultant and staff usually involves the technical aspects such as researching
and presenting data in support of the eligibility of a district, drafting a land use
plan, reviewing the consistency of the land use plan with the Comprehensive
Plan and detailing how TIF dollars will induce private investment in the area. He
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stated that the challenge is to detail and plan for how to use public funds to
leverage private investment and return dollars to the community. He explained
that reviewing and making recommendations on land use plan and conducting
the planning process are the primary roles of the Plan Commission. He
explained that the City Council Property and Public Lands Committee will focus
on budgeting, the ultimate sale of public property, and the attraction and
evaluation of private investors to the project. He explained that the Joint
Review Board has an evaluative responsibility noting that group will be charged
with meeting once a year, throughout the life of the TIF, to evaluate whether the
TIF District is continuing to meet the goals established in the TIF Redevelopment
Plan. He stated that the City Council will ultimately make the decision about
whether or not to establish the TIF District, will select a developer or developers,
and approve a final plan. He stated that a Compliance Report will be prepared
annually by City staff and the City’s consultant to demonstrate that the funds
are being used legally, consistent with the law. He noted that the annual report
will also keep the State and the public aware of fact that there are continuing
efforts to redevelop the TIF District and provide an understanding of the
investments being made and the returns being realized. He clarified that any
public improvements made in the District will also need to be reviewed and
approved as part of the City’s normal budgeting process.
He provided some broader background on TIF Districts and where they are used
noting again that there are about 1,100 TIF Districts in the State with about 150 of
them in the City of Chicago. He stated that the City of Lake Forest established
its first, and to date, its only TIF District, in 1988. He stated that the City’s TIF
District was very successful and will be closed out at the end of this year. He
stated that at the start, the west Lake Forest TIF District, which covered a 180
acre area in the western part of the City in the vicinity of Waukegan and Everett
Roads, included 62 parcels and had an initial equalized assessed value, that is,
a base value, of $, 2,396,000. He stated that the base value in 1988 was
equivalent to .14 percent or less than a quart of a percent of the total equalized
value of the community. He reviewed that the goal as stated in the
Redevelopment Plan for the west Lake Forest area was to encourage
redevelopment of underutilized property, promote diversity of uses in the area
and to strengthen the residential and commercial tax base in the area. He
noted, 23 years ago, he was involved in completing the eligibility report for this
area. He noted that this TIF District was created before the commuter rail
service was established in this area noting that a goal of the plan was to
maximize the benefits of the commuter rail station and to generate spin off
development. He noted that historically, Lake Forest and other municipalities
were spurred by extension of the railroad lines and establishment of commuter
stations. He reviewed the boundaries of the west Lake Forest TIF District and
reviewed a graph showing the change in the equalized assessed value over the
life of the TIF District. He noted that the assessed value went from 2.3 million to
60 million dollars in 2008. He acknowledged that after 2008, there has been a
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slight decline in value due to the overall decline of the market. He explained
that at the time the TIF District was established, the adopted budget estimated
an increase of the equalized assessed value in the area to 20 million however;
the resulting success of the TIF District was three times the estimate that was set
forth in the Redevelopment Plan. He reviewed the accomplishments of the TIF
District noting that the west side commuter train station and parking lot were
established, Everett School and Everett Park were improved, the fire station was
built, sanitary sewers and water mains were installed to encourage
development, streetscape improvements were completed, a major addition to
Everett School was built and a fiber communications network was extended. He
explained that all of those items were public expenses and public
improvements. He noted that much private investment occurred in the area as
a result of the public investment including the Sunset Foods shopping area
redevelopment, the construction of the Northern Trust and Fifth Third Banks and,
construction of 32 duplex and 96 single family residential units. He confirmed
that this TIF District expires on December 31, 2012. He explained that once the
TIF District is closed, the increment, now just under 60 million, gets placed on the
tax bills of all of the taxing bodies. He explained that during the 23 years of the
TIF District, the tax base remained the same, but now, the increased increment
will be applied proportionately to all of the taxing districts and will be taxable.
He stated that in the case of the west Lake Forest TIF District, all of the taxing
jurisdictions will receive significant increases in the revenues. He further
explained that all of the additional incremental value will be put on the tax rolls
and will essentially look like new construction for the purpose of collecting taxes
noting that new development does not have to remain under the tax cap. He
stated that the City Council will pass an Ordinance confirming that the TIF is
completed and asking Lake County to deliver the money, in the appropriate
proportions, to each district. He added that any unused money in the TIF fund
also gets distributed proportionately to all of the taxing districts.
He reiterated that calling the TIF tool a “tax” is misleading since the value added
does not costs tax payers more, but instead, allows the revenues to be used in a
different way. He explained that whether property that is redeveloped in or
outside of a TIF District does not affect the way the property is assessed by the
County, only where the additional increment of taxes that is received as a result
of the increased revenue goes for a period of time. He emphasized that the
base value, plus the increment, does not affect individuals’ tax bills because the
tax rate applies to the entire tax bill. He reiterated that the distinction is that the
added value, the increment generated by the redevelopment, can be used
differently. He repeated that TIF allows public investment to be used to
encourage private development which in turn raises property values and
increases property values. He stated that in the end, everyone, all taxing
districts, share in the benefits as occurred in west Lake Forest.
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He summarized that a TIF District is a planning tool and has everything to do with
how tax dollars are distributed and how they can be spent. He stated that TIF
Districts are used as economic development tools noting that the benefit is that
increased incremental value can be used to encourage development that
would not otherwise happen.
In response to questions from Commissioner Culbertson, Mr. Brown explained
that property taxes are collected twice a year with the monies going to the
County Assessor for re-distribution to the taxing districts. He explained that the
County is responsible for comparing the initial base value of the TIF District to the
current equalized assessed value of the District and separating the two. He
explained that checks for taxes collected on the initial base value are
distributed to the various taxing bodies and a separate check for the added
increment goes to the TIF District for a period of time. He reviewed that TIF
Districts are adopted with a Redevelopment Plan which includes a budget and
an estimate of how much revenue will be generated over time. He noted that
based on the adopted budget, the City anticipates the funds that will be
available for public improvements noting that the City can wait for the money
to come in, or can make investments by borrowing money to be repaid later by
TIF funds to encourage redevelopment in an earlier time frame creating more
value, which generates a greater increment. He acknowledged that there is
unpredictability in the anticipated revenues and the timing within which they wil l
be received. He explained that in the case where a City owns property, the
City can select a developer and sell a property for redevelopment to the
developer who it determines to be most able and willing to produce the type of
project that the City desires. He confirmed that public funds cannot be passed
to the developer, but that TIF funds can be used to make public improvements
including extending utilities and cleaning up the site as noted above and that
such work can be done by the City or by the developer with the developer
being reimbursed using TIF funds. He stated that the law allows up to 30% of the
interest a developer pays for construction costs to be reimbursed in any given
year. He added that land assembly costs can also be paid by the TIF District. HE
noted that in some communities, the City acquires property and then writes
down the cost of land to make it more attractive to the market which serves as
another type of incentive for development. He clarified that in any case, the
City, not the developer, receives the TIF fund check from the County.
In response to further questions from Commissioner Culbertson, Mr. Brown
confirmed that the City Council approves the TIF District, not the State or Federal
government. He confirmed that the annual TIF Report is submitted to the State
of Illinois to affirm that the local municipality is meeting the standards of the TIF
law and its responsibilities, but noted that the State does not have authority to
determine that a municipality is in violation of the law. He confirmed that at the
close of a TIF District, any surplus funds are proportionately distributed to all
taxing bodies. He noted that it is common for a municipality to accumulate
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funds before making expenditures and stated that municipalities must make
decisions about whether to spend every last dollar generated. He stated that
municipalities need to use reasonable judgment to determine which public
improvements are necessary to achieve the stated end goal. He clarified that a
TIF District is not a license to spend money frivolously. He added that a surplus of
funds can also be declared during the life of the district and distributed to the
various taxing bodies during the period.
Ms. Czerniak commented that the west Lake Forest TIF District generated much
more revenue than anticipated and she confirmed that in the later years of the
TIF, the City considered other public improvements that could be made to
enhance the area and encourage private investment including further
streetscape improvements and the extension of a fiber network. She added
that in the later years of the TIF, the City informed the other taxing bodies that a
surplus was likely and those districts created budgets relying on the face that
some surplus monies would be coming back to them.
In response to questions from Commissioner Culbertson, Mr. Brown confirmed
that a TIF District can end in a deficit and that lack of funds to meet obligations
or prior expenditures becomes a shortfall to the community. He stated that the
municipality must be cautions and realistic about the ability of the market to
create the anticipated value on the site and be cautious and not get too far
out ahead of development.
In response to questions from Commission Ley about whether the City can
obligate a developer to be responsible for any short fall, Mr. Brown explained
that the IRS is responsible for determining whether borrowing is tax exempt or
taxable. He explained that when the City engages in a contractual
arrangement with developers, there may be a loss of the City’s tax exempt
status. He stated that a municipality does not want to create a situation that
presents the potential for a loss of the “public purpose” test. He stated that
there are ways to assure that money is being spent in a manner consistent with
the staging of the development. He stated that municipalities need to be
cautious and realistic and not get out too far ahead of a project.
In response to questions from Commissioner Ley, Mr. Brown confirmed that
several of the projects completed under the City’s existing TIF District were
conceived of during the middle of the project. He noted for instance that the
need to extend fiber to support the business district and the school was not even
anticipated 23 years ago at the start of the TIF.
In response to questions from Commissioner Kuchman who stated that he deals
with TIF Districts regularly, Mr. Brown noted that Teska’s current agreement with
the City is to assist with the City’s exploration of a TIF District and if appropriate,
prepare the documents necessary to establish the TIF. He explained that Teska
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and Associates has two partners, Business Districts, Inc. with expertise in
attracting developers and developer selection, and Kane and McKenna
Associates, bond counsel with evaluative capabilities, and noted that both
partners are prepared to play a role if a TIF District moves forward and Teska is
asked to play a continued role in the process. He confirmed that the team that
is established is well equipped to assist the City in putting a deal together that
minimizes any potential liabilities.
In response to questions from Commissioner Carris, Mr. Brown confirmed that
initially, a TIF District should be established to take advantage of the allowed 23
year time frame noting that there is no advantage to cutting off the District at
the start and possibly limiting the ability to achieve the objectives established.
He added that a TIF can always be shortened or a surplus in funds can be
distributed before the end of the TIF without closing the District out.
In response to further questions from Commissioner Carris, Mr. Brown
acknowledged that the west side TIF District was large and pointed out that
there needs to be a rationale nexus between the boundaries of a district and
the intent to make improvements that benefit the properties within the
boundary. He emphasized that properties cannot simply be included because
they will go up in value as a result of the TIF District. He stated that the District
needs to on the area determined to be necessary to collect the revenues
needed to support the intended improvements. He explained that it is in the
interest of the various taxing districts to limit the size of the TIF District to what is
necessary while also capturing the real value of the physical improvements that
are being made. He stated that the line needs to be drawn carefully.
In response to further questions from Commissioner Carris, Mr. Brown stated that
impact fees are assessed by the City completely independent of any TIF District.
He noted that in this case, because the City owns the land, negotiations
between the City and the developer may include a discussion of impact fees.
He noted however if physical improvements are needed, such as a new turn
lane, they can be paid for by TIF funds, rather than impact fees. He stated that
in the TIF District law, there is an allocation of dollars to the school districts based
on the number of students that may be generated by the development but
stated that the discussion of impact fees would be a separate matter. In
response to further questions, he explained that the members of the Joint
Review Board are appointed by the various taxing bodies at the invitation of the
City Council. He explained that there are a certain number of voting members
of the Joint Review Board who then elect a public member. He confirmed that
the Joint Review Board meets once a year as an oversight body to assure that
the City is managing the TIF consistent with its own plan and the legislation. He
confirmed that the administration of the budget and the TIF fund is entirely within
the City’s control .
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In response to questions from Commissioner Carris, Ms. Czerniak confirmed that
the Property and Public Lands Committee initiated this discussion as a study
related to the future of the Laurel and Western Avenue City owned site.
In response to questions from Commissioner Ziccarelli, Mr. Brown confirmed that
property taxes are the only taxes affected by the TIF District, not sales taxes. He
stated that the City could choose to donate a portion of the sales taxes to
purposes within the TIF District, but is not obligated to do so. He reviewed
developments in some other communities that were supported by TIF Districts
noting Highland Park, Waukegan and Evanston as examples.
Chairman Reisenberg commented that the advantages of a TIF District appear
obvious and questioned on what basis opposition to a TIF District might be
based.
In response to questions from Chairman Reisenberg, Mr. Brown stated that the
“but for” test must be considered very carefully. He noted that the opposition to
a TIF is that for 23 years, the advantages of increased taxes are not available to
the other taxing districts. He stated that the City Council must be very sincere in
its determination that the same level of increase in value and quality of
development is not going to happen by itself, without the District. He stated that
the theory is that because of the public investment, the development will be
paying more over time than it otherwise would in the end, benefiting the other
taxing districts. He noted that some will say that a TIF District inherently raises the
cost of the land and in the cases where the land is privately held, could be
raising the profits realized by the property owner. He noted however with
property that is publicly held, the potential for increased profit from land value
does not exist.
Chairman Reisenberg concluded the discussion noting that there will be further
opportunities to ask questions of Mr. Brown.
4. Public Testimony on non-agenda items.
There was no public testimony on non-agenda items.
5. Additional information from staff.
The Commission approved the Plan Commission meeting scheduled for the 2013 calendar
year.
The meeting was adjourned at 7:57 p.m.
Respectfully submitted,
Catherine Czerniak
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Director of Community Development