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HomeMy WebLinkAboutMINUTES-1993-03-29-1993I . - CITY COUNCL '"OF EV'�sl, U 01Z n ti OOR March 29, 1993 A SPECIAL NIEI'ING of the Evanston City Council was held on Monday, March 29, 1993 at 7:12 P.M. in the City Council Chambtfo consider revised agreements for the Howard/Hartrey project. TOLL CALL - PRESENT: Alderman Moran Alderman Engelman Alderman Rainey Alderman Lanyon Alderman Feldman Alderman Fiske Alderman Newman Alderman Davis Alderman Brady Alderman Heydemann Alderman Nelson Quorum being present. ABSENT: Aldermen Wollin, Warshaw, Paden, Drummer, Washington and Kent TARDY: Alderman Esch iRtESIDING: Mayor Joan W. Barr Assist&City Manager Aiello called Council's attention to the revised site plan and renderings that had been placed on th&fesks. She said that the major difference between the way the project had been previously structured and the cueo plan is that instead of a utilizing a developer, the three major retailers will own and develop their own parceis.Tanguary-Burke-Stratton (TBS) will serve as the coordinating consultant on the project. If the out -lots are develgd, they will be sold off individually and the profits split in a percentage share among the three major retailew The Jewel/Osco has moved to the west side of the site so they will have the opportunity to expand in the futuret;*die market permits. Ms. kilo highlighted the changes to the documents, most having to do with changes to the names and the perce!Vs that will be split among the three major retailers. She noted that there had been some changes to dates, but deApment of all three sites in the center is expected to go on at the same time. There have been changes to the dAwwhen funds will be disbursed. Before there will be any payout after demolition, all the new pin numbers have'a& available so the City can be assured that the revenue will be properly allocated by the County. All capita'1mprovements have to be done in a timely manner. A paragraph has been added to indicate that the RedeAipment Agreement is the controlling document for the project. She also said that the City had reviewed the Wwsity Business Enterprises/Women Business Enterprises (MBE/WBE) requirements with the three retailers The sodicring agent for TBS has recently received an award for his work with MBE/WBE and the City feels he will bran top of this with each of the entities. q 0 2 March 29, 1993 In response to a question from Alderman Engelman, Ms. Aiello explained that the outlots are considered another parcel and each entity owns a pro rata share of that parcel. Dayton -Hudson will take the lead, with TBS, to coordinate the development of the landscaping and berms for those lots. In response to a question from Alderman Brady, Ms. Aiello explained that two tenants still had to be relocated from the Bell and Howell Building before demolition could begin, but it is expected they will be able to start demolition in three to four months and then begin building in the fall, as weather permits and the site preparations are completed. The longer time -frames in the documents represent outside dates for various stages. At this time Alderman Esch was here. In response to questions from Alderman Rainey, Ms. Aiello explained that the stores between the Target and the Best Buy would not be built out until they are leased. They will build a common facade, so that is carried through. They hope to lease them before they begin building. If they are unable to lease them, they will build the facade and landscape behind it. When they lease the stores, they will build them out. She clarified that the front wall would not be built, only the front canopy. In response to a question from Alderman Nelson, Ms. Aiello said that TBS will be marketing the outlots. Jewel is interested at this point in using them for parking. All three entities will have to agree to sell before any outlot can be sold. The outlots will be treated as parking lots or will be seeded and kept as greenspace. It will not be left as gravel or unimproved. In response to a question from Alderman Feldman, she clarified that there are no restrictions on the outlots, but the purchasers will have to come to the City for any special uses that may be required. Alderman Rainey said that the neighbors had been concerned with the development of small stores in the center that might be occupied and then vacant and felt that having three major tenants was a better option and gives the project a better chance to be successful. She raised a question about the parking requirements of Best Buy and Ms. Aiello said that Best Buy had done their own parking calculations and felt that there was adequate parking in the center. She also added that Best Buy's yellow sign had been discussed and they will have to go to the Sign Review and Appeals Board. City Manager Anderson noted that their sign is their trademark and were anxious that it be included. Mayor Barr said that the neighbors had expressed concern about having fast food in the outlots. Ms. Aiello said that any fast food franchise would have to go through the special use process, but for now most of the interest in the outlots had been expressed by sit down restaurants and financial institutions. In response to a question from Alderman Engelman about the financial arrangements, City Manager Anderson explained that the structure is the same as it was with Target and a developer with a number of retailers under that umbrella. The bonds are not divided in any way and the three retailers have agreed amongst themselves, that the payouts would be divided proportionally to each of them upon completion. The bonds are tagged to the development of the whole project. Alderman Heydemann encouraged staff to encourage TBS to seek out some prestigious discounters such Laura Ashley and Last Call from Neiman Marcus. Ms. Aiello said that they had already had conversations in that regard. Docket 72-3C-93: Agreement for the Redevelopment of Howard/Hartrev - Consideration .of proposed Ordinance 48-0-93, by which the City Council would authorize the City Manager to execute a Revised Redevelopment Agreement between the City of Evanston, Dayton -Hudson Corporation, American Stores Properties, Inc., and Best Buy Company, Inc. for the Howard/Hartrey Shopping Center property. Alderman Nelson introduced proposed Ordinance 48-0-93. Marked introduced. 3 March 29 1993 Docket 73-3C-93: Resolution 36-R-93 - Agreement re Sharine of Attornev and Other Fees - Consideration of proposed Resolution 36-R-93, by which the City Council would authorize the City Manager to execute an agreement regarding the sharing of attorney and other fees associated with the possible erection of a barrier on Howard Street. Alderman Nelson moved Council adoption of proposed Resolution 36-R-93. Seconded by Alderman Heydemann. Motion carried. No nays. Alderman Nelson moved to Suspend the Rules to adopt an Ordinance on the same evening it was introduced. Seconded by Alderman Feldman. Motion carried. No nays. Alderman Nelson moved Council adoption of proposed Ordinance 48-0-93, introduced that evening.. ,. Seconded by Alderman Heydemann. Roll call. Voting aye - Aldermen Moran, Engelman, Rainey, Lanyon, Feldman, Fiske, Newman, Davis, Brady, Esch, Heydemann and Nelson. Motion carried. (12-01 On behalf of the City Council, Alderman Nelson thanked Assistant City Manager Aiello, City Manager Anderson and their staff for all of the work they did putting these agreements together. He said that Council owed them a real debt of gratitude. Mayor Barr congratulated all concerned for reaching this milestone. She also thanked the Economic Development Committee and the alderman involved for their part in bringing the project to this point. City Manager Anderson said that this could not have been done on the staff side without the tireless work of Ms. Aiello. CALL OF THE WARDS: Alderman Esch said that she had an issue she wished to address and had placed information on the aldermen's desks relevant to it. Alderman Rainey objected and moved to hold the discussion in Closed Session. Seconded by Alderman Lanvon. Aldermen Nelson, Rainey, Newman, Brady, Mayor Barr, Aldermen Feldman, Davis, and Heydemann discussed whether it would an appropriate discussion for Closed Session and seeking more information about the nature of Alderman Esch's request. Mayor Barr reminded Council that meeting had been scheduled immediately following the Council session to discuss the John Buck project and there were a number of people waiting for the aldermen, so the meeting could begin. She declared the Council meeting in recess at 7:58 P.M. The Council reconvened at 10:39 P.M. Alderman Esch made a reference to the Board of Ethics to consider ethics regulations regarding fund raising during campaigns for public office. She felt that it was unethical for a contractor employed by the City to set up a fund raiser and solicit funds for a someone running for municipal office. She said that there was nothing in the Ethics Ordinance that addressed a situation like this and she felt that there should be, so that is why she was making this reference to the Board of Ethics. Alderman Rainey agreed that she had been insensitive to the implications of the letter of solicitation at first, but felt that she had responded appropriately when it had been brought to her attention. She said that she did not realize that W.E. O'Neill had also signed the letter. She took issue with Alderman Esch's contention that she had to be convinced that it was not an appropriate thing to do. She said that after her conversation with Alderman Esch, she went straight home to try to reach the parties concerned. She faxed them a letter the next day cancelling the event and sent letters to all the contractors invited to tell them that the fund raiser was cancelled. She felt that she had 5 A 4 March 29, 1993 not violated the Ethics Ordinance. She conceded that she may have been insensitive in agreeing to allow the fiord raising event to be held in the first place, she did something about it as soon as its possible impropriety was called to her attention. She questioned Alderman Esch's motives and timing. Mayor Barr noted that campaign contributions were not covered by the Ethics Code and this request did not require any action of the City Council. In response to a question from Alderman Heydemann, Mayor Barr said that, based on information gathered for the Marino case, employees of U.S. Equities could not be considered employees of the City even though they are under contract to the City. Mayor Barr and Alderman Heydemann discussed the implications of Alderman Esch's reference and how broadly it might be construed. Alderman Rainey made a reference to the Board of Ethics to review the entire Code of Ethics. Mayor Barr noted that Alderman Esch had requested an advisory opinion from the Board of Ethics, asking them to look at the issue of the solicitation of contribution by a contractor who is under contract to the City, but if Alderman Rainey wanted the Board to look at the whole ordinance, the reference could be broadened. Alderman Rainey suggested that gifts in kind or items donated, such as office space below market rates, should also be considered by the Ethics Board. Mayor Barr said that the reference to the Board of Ethics was broad and could cover all aspects of campaign contributions. There being no further business to come before the Council, Mayor Barr asked for a motion to adjourn. The Council so moved and adjourned at 11:00 P.M. KIRSTEN F. DAVIS CITY CLERK 1