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Home My WebLink AboutMINUTES-2009-05-04-20091 1 CITY COUNCIL MEETING COUNCIL CHAMBERS 2ND FLOOR May 4, 2009 ROLL CALL — PRESENT: A Quorum was present. PRESIDING: Alderman Hansen Alderman Wollin Alderman Jean -Baptiste Alderman Wynne Mayor Lorraine Morton May 4, 2009 Alderman Bernstein Alderman Holmes Alderman Moran Alderman Tisdahl Alderman Rainey The SPECIAL CITY COUNCIL MEETING of the City Council was called to order by Mayor Morton at 8:05 p.m. in the Council Chamber. MAYORAL ANNOUNCEMENTS: Mayor Morton announced that tonight was a very special City Council meeting and that there will be some awards presented. She then called on the Interim City Manager Rolanda Russell. Ms. Russell then asked Chief Eddington to come forward. Chief Eddington thanked the Council for sharing time with them as they presented awards to the Policemen who were deserving of the awards for their commitment to the force and the community. Deputy Chief Barbara Wiedlin/Support Services welcomed all to the awards ceremony. She stated the Police Officers are a rare breed. Unlike most people who run away from the sound of shots they run towards the shots. She read a poem by Sergeant Lon Sweeney entitled "Who Loves the?" and at the conclusion of the poem the answer was the warrior loves the warrior. There were five levels of commendations within the force: 1) Valor — the highest; 2) May 4, 2009 Commendations; 3) Honorable Mention; 4) Certificate of Recognition; 5) Unit Citation (Chief s Award); "Officer of the Year Award". • Fitness Award — Officer Ken Carter • Officer of the Year Medal — Detective Vince Santillo • Honorable Mention — Sgt. Ryan Glew & Detective Jeremy Nieman • Honorable Mention — Officer Nathaniel Basner & Commander Jeffrey Jamraz • Honorable Mention - Officer David Cherrey • Honorable Mention — Officer Adam Pack • Honorable Mention —Officer Adam Nawotka & Detective Michael Endre • Honorable Mention — Officer Anthony Beckman • Certificate of Recognition — Derrick Mays • Unit Citation — Presented by Deputy Chief Cabanski • Commendation - Officer Anita Stokes (Waukegan Police Dept.) • Medal of Valor — Officer Brian BrandenBurg • Commendation — OFFICER Ronald Blumenberg • Medal of Valor - Officer Matthew George • Medal of Valor - Officer Mikhail Geyer • Honorable Mention - Enjoli Daley • Honorable Mention - Detective Tracey Williams The final award. was given to Mayor Lorraine Morton for her untiring service to the Evanston community and her compassionate nature towards the Police Department at large. This was presented to her by Chief Eddington. Mayor Morton thanked the Police Department members for honoring her with the plaque. DISCUSSION OF 35-R-09 The Interim City Manager Rolanda Russell explained the reason for the special meeting as a result of Council wanting staff to bring back some more research to questions they had concerning Resolution 35-R-09. The Mayor asked for someone to make a motion to place the item in discussion for the Council. Alderman Jean -Baptiste moved to have the Resolution placed on the Council's agenda for discussion and it was 2"d by Alderman Rainey. Mayor Morton then announced the item was open for discussion. Alderman Moran questioned the identity of the requestor, and wanted to know who they were really dealing with. 2 May 4, 2009 Mr. Marino Interim Director of Community Development revealed that Park Investments/LLC was a typical liability corporation that controls the property Carroll is the Developer. Mr. David Breedman Attorney for LLC informed the Council that LLC is a liability corporation that manages the property of Carroll Properties. Alderman Moran asked did Park Investments been a part of the presentations up to now. Mr. Marino said that Park Investments has not been Carroll Properties but it is typical in this kind of process both in committee and also with negotiations with staff. Park Investments is the ownership entity but Carroll Properties is the Operating partner. Alderman Moran was confused with the present setup of the proposed entities and said he thought Carroll Properties was the buyer of the property. He felt that there has been some misrepresentation over the years from thinking one way and now being presented with a new entity being introduced at this late date. Mr. Breedman (Attorney for King and Carroll Properties), stated the project is the same project that has been presented throughout the process. Mr. King control 100% of the project. his funds and, his risks. This project is fully controlled by Mr. King. Alderman Moran asked if we go through with this approval it will be with Park Investments and not Carroll Properties. Mr. Breedman answered yes that's correct. Alderman Rainey wanted to know who made up the entity, and further stated she was not confused but she felt that this was being presented exactly as it is being portrayed, but wished they had staff or developer to share the LLC with us previously. She just wanted to be sure this is Carroll Properties and that Mr. King and not someone else is the owner. Alderman Jean -Baptiste stated any corporation engaged in a particular project can create a LLC to manage the property is done all the time. He stated it is the same project agreed upon in committee and we allowed City Manager to come back with a more elaborate agreement. He believes the Council should move forward. Alderman Wynne had two issues: 1) the issue of Trader's Joes; 2) this agreement it does not express a specific grocery, but any grocery. She felt as though we need to state a specialty grocery store program. She also stated the Council had never given this type of package to anyone else and this is an additional benefit for the developer. Alderman Rainey asked why would any developer take his time and drag out its project any longer than they should have to. The developer will do all in his power to complete his project on time so he won't have to come back to the Council later. Also stated he'll come back every six months to give us an update. 3 Y\1 May 4, 2009 Alderman Bernstein asked Mr. Cox from our Legal Department with respect to process and the application from day one has LLC been named as the owner of the property. He asked because it was asked from the beginning the name of the owner. Mr. Cox relied he could not answer because he did not have the applicants application from Planning & Development and he didn't have the permits. Alderman Holmes she brought to the Council's attention Ordinance 45-0-07 speaks of Carroll Properties Inc. having permission from LLC. Mr. Breedman stated that was the seller LLC. Alderman Jean -Baptiste wanted to make sure this is in the best interest of the City. This allows the developer to have two tools to better achieve success. Alderman Moran argued that the project that was presented to the Council over three years ago is not the same that was given to them at that time. If we grant this we will be lifting a huge amount of risk from the property in the amount of 4.1 million dollars tax surrender from the City of Evanston to someone who he has never heard of before. Alderman Jean -Baptiste asked whom are we lifting the risk from. Alderman Moran said from whoever had the project, to whoever has it now He had no idea who will be affected. He also is questioning the legality of how it is being presented. Alderman Tisdahl wanted to hear from our legal department Ms. Purze on whether she perceives the change as a problem. Mayor Morton wanted to know from Ms. Purze her understandings of entities in light of the new proposal document. Ms. Purze stated when land is held in trust the developer will create an LLC corporation that manages the property. She then suggested that Mr. Breedman answer some of the concerns. Mr. Breedman stated he believed these questions have been fully answered. From the Cities standpoint you have no risk. Mr. King is the soul owner and entity and this is a non -issue being turned into an issue that doesn't exist. He believed it was a red herring. Alderman Bernstein said he did not raise this as a red herring, he brought it forward and any developer should be able to come forward and get similar relief. He also believes that this is a formality that is wasting our time. The mayor then asked for a roll call vote. Voting Aye: Aldermen Wollin, Jean -Baptiste, Holmes, Tisdahl, Rainey. Voting Nay: Aldermen Hansen, Wynne, Bernstein, Moran. (Vote5-4) resolution passed. L! May 4, 2009 At 9:22 p.m. Alderman Bernstein moved to convene into Executive Session to discuss matters related to personnel, and real estate pursuant to 5 Illinois Compiled Statutes 120/2 (c) (1) (5), (6) and (11) as follows: 2. All meetings of public bodies shall be public meetings except for the following: (1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. ' (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. (6) The setting, of a price for sale or lease of property owned by the public body. (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body findsthat an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Seconded by Alderman Jean -Baptiste Roll Call: Alderman Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey (9 — 0). The Council adjourned. Respectfully submitted, Rodney Greene, City Clerk A DVD recording of this meeting has been made part of the Permanent Record and is available in the City Clerk's office. 1 1 1