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A Few More Thoughts On Mayor’s Veto Of 104 Main Street Special Use

07.11.18

What do Andrew Duff, Owen Hayes II, John Bennett and Ellen Upton have in common?

All four of them showed up at last week’s Park Ridge City Council meeting to speak against Mayor Marty Maloney’s veto of Pusheen, Inc’s special use for the ground-floor space in 104 Main Street. That veto came after a (4-2) majority of aldermen voted on June 4 to grant the special use, which was approved 7-0 by the City’s Planning & Zoning Commission (“P&Z”) back on April 24.

You can read our take on Maloney’s veto in our June 28, 2018 post.

That Duff and Hayes would show up and argue in support of the special use was expected.

Duff is the owner of Pusheen Corp. and his company already occupies the upper floor of 104 Main. He claims he wants the ground floor of the building so that deliverymen don’t have to hall boxes up to the second-floor.

How thoughtful.

When Hayes addressed the Council last week he initially introduced himself as just the “manager” of the 104 Main building. But beginning at the 27:56 mark of that Council meeting video he reveals himself as “not the owner but a part owner” of the property – as well as both a manager and an owner of other Park Ridge property.

That’s a bit curious because, according to Page 3 of the minutes of the April 24 P&Z meeting, Hayes identified himself as the “real estate agent representing the owner of the [104 Main] property,” as he also did in an April 13, 2018 e-mail to the City’s Senior Planner, Jon Branham. Compare that to the special use “Applicant Disclosure Statement” dated March 15, 2018, in which he lists 104 Main LLC as the property’s owner, while listing only himself in response to the request for “the name of every…[LLC] member.”

Should we just chalk that up as another one of those “Certs is a candy mint; Certs is a breath mint” moments in local government, or is there more to it than that?

For those who have been following City government for a decade or more, you might remember Hayes as the agent and…wait for it…undisclosed owner of the former Foot and Ankle Surgeons building at 515 Busse that he tried to flip to the City as the site of a new cop shop back in 2004. Had he succeeded, he would have netted a tidy $200,000 profit for only a few days of ownership, as you can read about in our 11.15.2007 post and our 08.14.2008 post

We also have heard rumors, seemingly corroborated by Hayes’ statement to the Council during last week’s meeting, that he is the agent and/or owner (full or part) of various other commercial properties in town. A cursory check of a random sampling of Uptown and vicinity properties shows that their ownership is often hidden – albeit legally, we might add – by title being held in the name of a partnership or LLC, like it is with 104 Main LLC. Consequently, some of the City’s property-related forms (like the special use “Applicant Disclosure Statement”) require disclosure of the “real” owners, not just the legal title holders.

But don’t get us wrong: We’ve got nothing against Hayes personally. He’s a nice enough guy who has been active in the community for many years. And there’s nothing wrong with making an honest buck, whether it be in real estate or any other business – even at the taxpayers’ expense – if fully disclosed. Hayes, however, seems more than a little preoccupied with keeping his (and others’) property ownership under the radar, even when he’s seeking special treatment from the City for one of those properties.

Although Hayes’ ownership of 104 Main explains his advocacy for the Council’s over-ride of Maloney’s veto of the special use, we must confess to being puzzled by Bennett’s appearance and the condescending tone he took from the very beginning of his comments at the 51:57 mark of the meeting video in lecturing/arguing for an over-ride of Maloney’s veto.

As a P&Z member he was one of seven at that commission’s April 24, 2018 meeting who voted – wrongly, as we pointed out in our 06.28.2018 post – in favor of Pusheen’s special use. At that point his work should have been finished. So his appearance before the Council was tantamount to a trial judge showing up before an appellate court panel and arguing that his decision should be affirmed.

That just doesn’t happen, even if nobody appears to have told Bennett.

But the most curious appearance was Upton’s, which immediately followed Bennett’s.

She introduced herself as a former 1st Ward alderman (from the late 1990s, as we recall) who chaired the Uptown Advisory Task Force that promoted the creation of the Uptown redevelopment project – although she conveniently left out her support of the City’s multi-million dollar bonded-debt “investment” in that project that is still on track to cost taxpayers millions of dollars because the revenue generated from that project has rarely come close to covering the debt service on the bonds the City issued to help out the developer. She also was a member of the City’s Ad Hoc Zoning Ordinance Re-Write Committee that made major revisions to the Zoning Code back in 2006, and also may have updated the Comprehensive Plan.

To the best of our knowledge and research, however, she has not addressed the Council on zoning issues ever since. At least not until now.

Is she that much of a Pusheen fan, or did she have other intentions?

If Hayes, Bennett and Upton are so committed to helping Park Ridge’s Zoning Code and/or the Comprehensive Plan move into the 21st Century, we encourage them to formally propose that the Council create another Ad Hoc Zoning Ordinance Re-Write Committee – and we encourage them to volunteer to become members of it.

But until that happens, the current Zoning Code and the current Comprehensive Plan provide the guidelines by which special uses are supposed to be measured. And as we’ve said about various other local ordinances, rules and plans: If you don’t like them, change them. Don’t just ignore them.

Or try to weasel your way around them.

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July 4, 2018: 242 Years And Counting

07.04.18

On this day we honor the passage of the Declaration of Independence in 1776, which is generally considered the founding day of these United States of America.

In order to guard against taking that event – and the principles of freedom embodied in the Declaration – for granted, we encourage you to watch this excerpt about that independence vote from the 2008 “John Adams” HBO mini-series – and to contemplate what it meant for those men in Philadelphia to pledge their lives, their fortunes, and their sacred honor in the cause of liberty 242 years ago.

That’s 242 years of Federalists, Whigs, Know Nothings, Democrats, Dixiecrats, Republicans, slavery, a Civil War, the Ku Klux Klan, the Weathermen, robber barons, a Trust Buster, two World Wars, terrorist attacks, liberal Supreme Courts, conservative Supreme Courts, Democratic Congressional and Senate majorities, Republican Congressional and Senate Majorities, presidential impeachments, MSNBC, CNN, FOX, and the imprisonment of 4 of the last 7 Illinois governors.

This country survived all of those and far more, and it prospered, because of adherence – albeit imperfect in various respects – to the enduring values embodied in that Declaration and in the Constitution that followed, along with its 27 Amendments.

In this editor’s lifetime this country survived Presidents Harry Truman (D), Dwight Eisenhower (R), Jack Kennedy (D), Lyndon Johnson (D), Richard Nixon (R), Gerald Ford (R), Jimmy Carter (D), Ronald Reagan (R), George H.W. Bush (R), Bill Clinton (D), George W. Bush (R) and Barack Obama (D). And it will survive President Donald Trump (R?).

Because of what those guys in Philadelphia started 242 years ago.

Robert J. Trizna

Editor & Publisher

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