Minutes from a closed meeting between the Evanston City Council, city staff and various developers were released this week after the state Attorney General’s Office and several residents claimed holding the meeting behind closed doors violated state law.

The minutes contain favorable opinions from aldermen and other city officials regarding a proposed 49-story building at Fountain Square in the heart of downtown.

The council met with the developers proposing the tower in a closed meeting on March 27. The Illinois Open Meetings Act requires public bodies to conduct business openly, with limited exceptions including the purchase or sale of real estate. Although the city explained the purpose of the meeting was to do just that, there also was “incidental discussion” concerning the development of a “related parcel” at Fountain Square, according to a letter to the city from the Attorney General’s Office.

“They shouldn’t have done it,” said Evanston resident Robert Atkins. “It’s supposed to be open and transparent and not closed.”

The building would be the tallest in Evanston, almost double the height of the Chase Building at Orrington Avenue and Davis Street, currently the city’s tallest building. The developers, Jim and Marc Klutznick, of Klutznick-Fisher Development Company, and Tim Anderson, of Focus Development, previously worked on Sherman Plaza.

Citizens have raised concerns about the proposed Fountain Square building because of its height, style and the financial impact it could have on local businesses.

Developers hope to build the tower in the area bound by Orrington and Sherman avenues and Davis and Church streets. Currently, the site is home to the historic Hahn Building, the decrepit Fountain Square plaza and various businesses including Radio Shack and Ben & Jerry’s.

At the closed meeting, council members discussed buying the Fountain Square building and plaza and potentially working with the tower’s developers. In August, the developers announced they had purchased the Hahn Building.

“There is significant interest in the project, removal of the Fountain Square building and redevelopment of the Fountain Square area and recognition of the need to move forward in the near future,” Ald. Edmund Moran (6th) said at the meeting, according to the minutes.

“This is one place where a large building could work,” Moran said. “The shape is elegant.”

Moran added the building has a huge potential to improve downtown aesthetically and economically. But he said if the project continues, there should be a planning process that considers residents’ input.

In July, Madigan’s office sent a letter to the city stating that “an incidental discussion of the development of an unrelated piece of land is neither identified to the public as a reason for entering closed session on this date, nor is it covered under the provisions of (the Open Meetings Act).”

In August, the City Council requested the Attorney General’s Office reconsider its decision. However, the office stood by its original verdict, saying: “It is the view of the Office of the Attorney General that the City of Evanston City Council did violate the Illinois Open Meetings Act.” The office also recommended that the city release the minutes of the meeting.

At Monday’s City Council meeting, Atkins criticized the council for the closed meeting. The city clerk began releasing the minutes earlier this week by request.

“We were happy that the public will be able to get to see these minutes of the meeting in question,” said Robyn Ziegler, spokeswoman for the attorney general, in an e-mail. “We applaud Evanston for making available the minutes from the closed session.”

Atkins, however, said he isn’t satisfied with the release of the minutes alone. He said he and several other residents are currently working to make the recording of the March 27 meeting open to the public.

“(Evanston residents) need to know about anything that was said,” Atkins said. “The most important thing about it is that there be transparency in the council’s meetings. The best evidence of what was said is the recordings and tapes themselves, and that’s we’ve asked for.”

At a Plan Commission meeting held Wednesday night, developers revealed minor design alterations for the 49-story tower. Afterward, citizens and business owners cited grievances about the tower and berated the City Council for holding the meeting without public input. The next Plan Commission meeting will be held at 7 p.m. Nov. 27 at the Evanston Civic Center, 2100 Ridge Ave.

Reach Annie Martin at [email protected].