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HomeMy WebLinkAbout04_13_04_ccCITY COUNCIL ROLL CALL - PRESENT: A Quorum was present. NOT PRESENT AT ROLL CALL: ABSENT: PRESIDING: Alderman Tisdahl Alderman Rainey Alderman Feldman Aldermen Newman, Wynne, Kent None Mayor Lorraine H. Morton April 13, 2004 Alderman Jean -Baptiste Alderman Bernstein Alderman Moran The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Tuesday, April 13, 2004, at 6:12 p.m. in the Aldermanic Library. Alderman Feldman moved that Council convene into Closed Session for the purpose of discussing matters related to personnel, collective negotiating, litigation, ongoing criminal investigation and closed session minutes pursuant to 51LCS Section 120/2 (c) (1), (2), (11), (14) and (21). Seconded by Alderman Bernstein. (1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity. (2) Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. (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 finds that 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. (14) Informant sources, the hiring or assignment of undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities. (2 1) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Roll call. Voting aye — Tisdahl, Rainey, Feldman, Jean -Baptiste, Bernstein, Kent, Moran. Voting nay — none. Motion carried (7-0). At 7:18 p.m. Alderman Moran moved that Council reconvene into Open Session and recess. Seconded by Alderman Bernstein. Motion carried unanimouslv. Mayor Morton reconvened the City Council meeting at 9:58 p.m. in the City Council Chamber following the Annual Town Meeting. ANNOUNCEMENTS: Public Works Director David Jennings reported the City has begun updating Evanston's street lighting. In the area bounded by Noyes/Emerson and Sheridan/Sherman, 80 of 4,500 lights were changed from mercury vapor to induction. The new streetlights are 165 watts and 85 watts and that area is the brightest in town. Most of the rest of town will have 85-watt lights. Next week 85 watt lights will go into an area nearby so people can see the difference in the new and old lighting. These bulbs have a I00,000-hour life and will last 20-25 years. A written report will be provided in the summer. Mayor Morton welcomed students attending the Illinois Institute of Technology from the Zhejiang province of China. She was glad they spent so much time in Evanston, hoped they enjoyed the meeting and that they would return. She said it was good to know that so many young people have official positions in China. Mayor Morton called attention to the Chamber of Commerce's 2004 Evanston Community Guide, which contains much April 13, 2004 useful information. She complimented the Chamber for the comprehensive booklet; reported that Ira Golan has made a postcard of the Civic Center and the cards are for sale in the City Clerk's office. She noted that the police awards occurred earlier that evening and asked Emergency Management Director Max Rubin to explain the C.E.R.T. classes. Mr. Rubin said that evening was the graduation of the first class of the Certified Emergency Response Team, which is a program funded by the Department of Homeland Security. Fourteen graduates will assist in times of crisis in Evanston. Tom Janetske, an Evanston firefighter, taught the class. Mayor Morton announced that the City of Evanston has been recognized for its community policing efforts by the Illinois Association of Chiefs of Police and was presented with a plaque. Mayor Morton read a proclamation Celebrating 30 Years of Community Development in Evanston Alderman Rainey, chair of the Community Development Block Grant Committee, noted in 1975, Evanston received the first grant of $208,000, which was used to fund nine city projects. In 2004-05, the City received $2,395,000, funded 46 projects of which 24 were non -City projects. The committee is made up of Mayoral appointed citizens: Dave Schoenfield, Lisa James, Ken Rogers, Horace Payne and Aldermen Jean -Baptiste, Bernstein, Kent and herself. She said it is a hard-working committee and they have begun to approve organizations for funding that have never received funds and have no other source of funds. They encouraged anyone watching who wants to apply for funds to get in touch with Sally Lufkin, staff to the committee. Mayor Morton reported that over the 30 years, Evanston has received $57 million in CDBG funds and given to or supported 1,027 organizations. Mayor Morton proclaimed National Volunteer Week, April 18-24, 2004 Mayor Morton thanked all citizens who volunteer to serve on the City's 30 committees, commissions and boards and come once a month, do things and contribute ideas that benefit the government and community. COMMUNICATIONS: None CITIZEN COMMENT: Derek Supple, 912 Hamlin St., Environment Board chair, former NU engineering student and camp director at the Ecology Center, invited Council and the community to join Mayor Morton in designing Evanston's future. Volunteers have worked hard to coordinate this event with more than 35 sponsoring organizations. The purpose is to bring the community together. The first event is a lecture by former Milwaukee Mayor John Norquist, who will speak on "Envisioning a Sustainable City" Thursday, April 22. The following Thursday, April 29, people will gather in small groups to talk about their vision for Evanston's future. Junad Rizki, 2784 Sheridan Rd., found the recent Civic Center Committee meeting interesting and questioned whether it was in the public interest. It was troubling because all the documents were stamped "confidential" and the committee voted based upon those documents. He questioned how the committee could have a public meeting and discuss documents that were not available to the public. The other disturbing issue is that the City or Council may be misrepresenting the Doyle Report. He was not sure moving from this site was the cheapest option although he supported moving out. He said the Doyle Report did not include parking, which would understate the cost of going to a new building. He suggested that more people need to read these reports rather than have them interpreted. He understood there is 100,000 square feet of parking at 2100 Ridge and that 300 parking spaces are needed, which translates to $6-7 million for a parking garage that was not included. Surface parking could cost $2 million. He did not understand what they are doing and the vote at the meeting. He said the City has too many departments and things that could be eliminated. Cutting back on staff could decrease the size of the building needed. He noted the Health Department does not have to be at the Civic Center and was noted in the Doyle Report. Some things could be privatized. He said they do the programs first then find the space. They misunderstood that and it was not in the interest of taxpayers. He understood they wanted to debate this but could not if all the documents are marked "confidential." CONSENT AGENDA (Any item marked with an Asterisk*) April 13, 2004 Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: approve use of funds from Isabella St. stub vacation; Ordinance 45-0-04 — Fine Increase for Certain Alcohol Violations; Ordinance 47-0-04 — Fine Increase for Consumption/Possession of Alcohol on Public Way; Ordinance 39-0-04 — Provide for Issue of GO Bonds; Sidewalk Cafe Permit — Type Two Restaurant/Flat Top Grill; Sidewalk Cafe Permit — Type Two Restaurant/Chipotle Mexican Grill; Sidewalk Caf6 Permit — Type Two Restaurant/Taco Bell Express; Misa Subdivision Plat Approval; Nomination of Two Citizen Members to Northwestern University/City Committee; Ordinance 49-0-04 — Zoning Text Amendment: Mixed Residential Uses/Unique Uses; Ordinance 50-0-04 — Planned Development & Unique Use: 1314 Ridge Ave.; Ordinance 40-0-04 — Special Use for 2401 Brummel Pl. (Religious Institution); and March 2004 Township Monthly Bills. Seconded by Alderman Rainey. Roll call. Voting aye — Tisdahl, Rainey, Feldman, Newman, Jean - Baptiste, Wynne, Bernstein, Kent, Moran. Voting nay — none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of March 22, 2004. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: * Approval, as recommended, of the City of Evanston payroll for the period ending March 25, 2004 and the City of Evanston bills for the period ending April 8, 2004 and April 14, 2004 that those be authorized and charged to the proper accounts, summarized as follows: City of Evanston payroll (through 3/25/04) $1,985,111.53 City of Evanston payroll (through 4/08/04) $1,915,732.50 City of Evanston bills (through 4/14/04) $1,979,156.08 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the State of Illinois low bid of Dennison Corp. for one 2004 Ford F450 1'/z-ton stake body truck with lift gate for Public Works, Traffic Engineering Division, in the amount of $56,194.35, including delivery. (Funded through Fleet Services Capital Outlay account.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the State of Illinois low bid of Dennison Corp. for one 2004 Ford F350 with pickup body truck, for Public Works, Water Division, in the amount of $41,850.35, including delivery. (Funded through Fleet Services Capital Outlay account.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the State of Illinois low bid of Bob Ridings, Inc. for one 2004 Ford Explorer for Fire Department, Fire Prevention Division, in the amount of $23,947, including delivery and warranty. (Funded through Fleet Services Capital Outlay account.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the second low bid for one 2004 Ford E-350 cab and chassis with high cube body and multi -conductor TV inspection equipment from ELXSI, dba CUES, in the amount of $95,800, including delivery and one-year extended warranty on camera. Truck is for Sewer Division. (Funded through Fleet Services Capital Outlay and Sewer Division Capital Outlay accounts.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid of Pedersen Construction for the Leahy Park Renovation Project at a cost of $513,180. (Funded from 2000-01 and 2003-04 GO Bonds and 2004-05 Illinois Dept. of Natural Resources grant.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid of Pinel Andrews Construction Corp. for the Gilbert Park Renovation Project at a cost of $187,000. (Funded through 2003-04 GO Bonds.) * APPROVED - CONSENT AGENDA April 13, 2004 MOTION & ROLL CALL (9-0) * Approval of the purchase of 168 trees for spring planting from the Suburban Tree Consortium (STC) in the amount of $34,331. (Funded through CDBG Grant and Parks/Forestry budget.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid of Clauss Brothers for the Eggleston Park Renovation Project at a cost of $458,140. (Funded through 2003-04 and 2004-05 GO Bonds.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the non -bid proposal of a traffic planning study for Chicago Ave. corridor from Kenig, Lindgren, O'Hara & Aboona at a cost from $14,000-15,000. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the non -bid proposal for a parking and traffic study for the downtown from Kenig, Lindgren, O'Hara & Aboona at a not -to -exceed cost of $76,500. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the sole source purchase from Caterpillar Corp. for a replacement engine for Low Lift Pump #4 for the Water Division at a cost of $98,320. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 14-R-04 — WBEZ Radio Arts Festival Promotional Snonsorshin Aereement — Consideration of proposed Resolution 14-R-04, which authorizes the City Manager to enter into an agreement with WBEZ Chicago Public Radio 91.5 FM for the promotional sponsorship of the 2004 Ethnic Arts and Lakeshore Arts festivals and Arts Week Evanston, at a promotional value of approximately $14,400. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 16-R-04 — Chicago Tribune Promotional Snonsorshin Aereement — Consideration of proposed Resolution 16-R-04, which authorizes the City Manager to enter into an agreement with the Chicago Tribune for the promotional sponsorship of the 2004 Ethnic Arts and Lakeshore Arts festivals and Arts Week Evanston, at a promotional value of approximately $31,948. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 17-R-04 — Intereovernmental Aereement with Wilmette/Isabella St. — Consideration of proposed Resolution 17-R-04, which authorizes the City Manager to sign an intergovernmental agreement with the Village of Wilmette to resurface Isabella St., East Railroad (Poplar Ave.) to CTA tracks. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 18-R-04 — Joint Aereement with IDOT for Phase 1 Eneineerine Cost — Consideration of proposed Resolution 18-R-04, which authorizes the City Manager to execute an intergovernmental agreement with the Illinois Dept. of Transportation for 50% participation of Phase 1 Engineering cost for McCormick Blvd. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 19-R-04 — General Maintenance Motor Fuel Tax Resolution — Consideration of proposed Resolution 19-R-04, by which the City Council would appropriate $1.2 million of Motor Fuel Tax Funds for FY 2004-05 to finance resurfacing of various streets. * Ordinance 48-0-04 — Pertaining to Bicvcle Riding on Sidewalks — Consideration of proposed Ordinance 48-0-04, which amends Section 10-9-4(C) of the City Code to expand the area where bicycle riding on sidewalks may be prohibited. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 43-0-04 — Decrease in Class C Liauor Licenses — Consideration of proposed Ordinance 43-0-04, introduced March 22, 2004, which decreases Class C liquor licenses from 20 to 19 per the April 13, 2004 sale of Jacky's Bistro by Jacky's Bistro Inc., 2545 Prairie Ave. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 44-0-04 — Increase in Class C Liquor Licenses — Consideration of proposed Ordinance 44-0-04, introduced March 22, 2004, which increases Class C liquor licenses from 19 to 20 per the purchase of Jacky's Bistro by Bistro Enterprises, Inc., 2545 Prairie Ave. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 42-0-04 — Increase in Class D Liquor Licenses — Consideration of proposed Ordinance 42-0-04, introduced March 22, 2004, which increases Class D liquor licenses from 25 to 26 with the addition of Aladdin's Eatery, 622 Davis. * ADOPTED CONSENT AGENDA & ROLL CALL (9-0) PLANNING & DEVELOPMENT: * Sidewalk C66 Permit — Tvve Two Restaurant (Einstein Brothers Bagels) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk caf6 permit to Einstein Brothers Bagels, 1745 Sherman Ave. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Sidewalk Caf6 Permit — Tvne Two Restaurant (Starbucks) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk caf6 permit to Starbucks Caf6, 1724 Sherman Ave. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Sidewalk Caf6 Permit — Tvne Two Restaurant (Baia Fresh) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk caf6 permit to Baja Fresh, 901 Church St. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Sidewalk Caf6 Permit — Tvpe Two Restaurant (Caf6 Express South) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk caf6 permit to Caf6 Express South, 500 Main St. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Sidewalk Caf6 Permit — Tvne Two Restaurant (Caf6 Mozart) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk caf6 permit to Caf6 Mozart, 600 Davis St. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Sidewalk Caf6 Permit — Tvne One Restaurant (Tommv Nevin's Pub) - Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk caf6 permit to Tommy Nevin's Pub, 1450 Sherman Ave. (Type One located within 200' of residential property.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Sidewalk Caf6 Permit — TvDe One Restaurant (Oceaniaue) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk caf6 permit to Oceanique, 505 Main St. (Type One located within 200' of residential property.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 41-0-04 — Zoning Text Amendment — Consideration of proposed Ordinance 41-0-04, introduced March 22, 2004, which approves a recommendation of the Plan Commission for a Zoning Text Amendment, 01, Office District Uses. * ADOPTED CONSENT AGENDA & ROLL CALL (9-0) HUMAN SERVICES: April 13, 2004 * Approval of Proposed 2004-05 Cultural Fund Grant Program Awards — Consideration of a recommendation to approve the proposed Cultural Fund Grant Program Awards totaling $38,100. APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of Emergencv Shelter Grant Funding Recommendations — Consideration of a recommendation to approve the Emergency Shelter Grant Funding Recommendation for FY 2004-05 in the amount of $88,120. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 20-R-04 — Authorizing Township of Evanston Capitalization Policv — Consideration of proposed Resolution 20-R-04, which authorizes the Township of Evanston Capitalization Policy. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) OTHER COMMITTEES: * Approval of Contract — Consideration of a recommendation to approve the contract between the City of Evanston and the Fraternal Order of Police (Police Sergeant's Association) effective March 1, 2004 through February 28, 2005. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of Contract for Services — Approval of the contract with Slavin Management Consultants at a not -to -exceed total cost of $20,002.50, excluding candidates' travel expenses, to conduct a city manager search. (Funded in General Fund.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) APPOINTMENTS: Mayor Morton asked that the following appointment be introduced: Neal A. Vogel 2035 Harrison St. Preservation Commission Mayor Morton asked that the following reappointments be introduced: William S. Smith, Jr. Civil Service Commission 3038 Hartzell St. Gladys Bryer Environment Board 550 Sheridan Sq. Judy Lyn Freeman Environment Board 937 Sherman Ave. Victoria Kalish Mental Health Board 810 Dobson St. Carol Sittler Mental Health Board 1234 Elmwood Ave. Kyra Walsh M/W/EBE Committee 1907 Lincoln St. * APPROVED — CONSENT AGENDA REPORT OF THE STANDING COMMITTEES April 13, 2004 ADMINISTRATION & PUBLIC WORKS: ADDroval of Use of Funds from Isabella St. Stub Vacation — Consideration of a recommendation to use the monies from the Isabella St. stub vacation ($525,000) to fund additional street resurfacings. Alderman Rainey reported this item was held in committee. Ordinance 45-0-04 — Fine Increase for Certain Alcohol Violations — Consideration of proposed Ordinance 45-0-04 amending Section 3-5-14 of the City Code to increase the fine for consumption/possession of alcohol, false IDs and other age -related violations. Alderman Rainey asked that this be marked introduced and referred back to committee. She reported there were issues about the amount of fine and the number of citations being given currently. Another issue was the connection between Illinois driver's licenses and people arrested for having fake IDs. Chief Kaminski indicated that when a person is arrested for having a fake ID, who has an Illinois driver's license, the Secretary of State is notified immediately and that person's license is revoked for one year. Alderman Kent looked at this as a teenager using a fake ID to buy liquor and the connection between the fine, teenager/parents and enforcement. Ordinance 47-0-04 — Fine Increase for ConsumDtion/Possession of Alcohol on the Public Wav — Consideration of proposed Ordinance 47-0-04 amending Section 9-5-10(D) of the City Code to increase the fine for consumption/possession of alcohol on the public right-of-way. Alderman Rainey asked this be marked introduced and referred back to committee. Alderman Kent said this is important to those who deal with gang behavior and loitering. Enforcement is difficult because these individuals run into yards when they see police. He was looking for an educational component that could be taken to block clubs. Alderman Rainey said there was discussion about enforcement and the need for education. Ordinance 39-0-04 — ProvidinLy for the Issuance of General Obliiiation Bonds — Consideration of proposed Ordinance 39-0-04, introduced March 22, 2004, which provides for the issuance of its annual CIP bond issue, Series 2004, consisting of $13.5 million in CIP funds and $12 million in bonds to refund Series 1997 bonds. Alderman Rainey moved approval. Seconded by Alderman Feldman. Alderman Rainey moved that on page 34 of the ordinance, third line to add item "(c) to consult with bond counsel." Seconded by Alderman Feldman. Alderman Rainey moved that "Exhibit 2 and Exhibit EAT" be added to the ordinance. Seconded by Alderman Feldman. She noted at the last meeting they were told refunding bonds would be issued if the interest rate was at 3% or below, so they can authorize the sale of refunding bonds at the right moment. Finance Director Bill Stafford reported the bond market had changed with the announcement of new jobs and the market anticipated higher rates, so interest has increased for both municipal and treasuries. Historically speaking, the good news is they are at all-time low rates (below 5%) and the bad news is the benchmark for refunding, which is at present value savings of 3% of principal was above that number when they came to Council several weeks ago. It's below that number now and they do not recommend refunding now. However, this gives them authorization to do that. He explained Schaumburg issued bonds that day and was disappointed with the rate. Evanston is using the strategy of a negotiated sale so they can go to the market when they choose which is why they got that flexibility. They will go to Moody's the next day and be prepared to go to the market next week. They will delay for two to four weeks. They don't think the next job report will be as good and rates will change, but they don't know if they will change enough to do the refunding. They can do either/or and will keep Council informed. This flexibility allows them to wait on the market and get a more favorable rate and he believed that would happen. Voice vote on amendments. Motions carried unanimouslv April 13, 2004 Roll call. Voting aye — Tisdahl, Rainey, Feldman, Newman, Jean -Baptiste, Wynne, Bernstein, Kent, Moran. Voting nay — none. Motion carried (9-0). PLANNING & DEVELOPMENT: Sidewalk Cafe Permit — TvDe Two Restaurant (Flat TOD Grill) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk cafe permit to Flat Top Grill, 707 Church St. Alderman Kent stated a Type Two Restaurant cannot serve liquor. Alderman Kent moved approval of the permit without liquor. Seconded by Alderman Moran. Motion carried. No nays. Sidewalk Cafe Permit — TvDe Two Restaurant (Chipotle Mexican Grill) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk cafe permit to Chipotle Mexican Grill, 711 Church St. Alderman Kent state a Type Two Restaurant cannot serve liquor. Alderman Kent moved approval of the permit without liquor. Seconded by Alderman Wynne. Motion carried. No nays. Sidewalk Cafe Permit — Tvve Two Restaurant (Taco Bell Express) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk cafe permit to Taco Bell Express, 1743 Sherman Ave. Alderman Kent asked that this item be referred back to committee. Misa Subdivision Plat ADDroval — Consideration of a recommendation of the Site Plan & Appearance Review Committee to grant a subdivision plat approval for the Misa subdivision plat, 1243 Maple Ave., for two house lots at the southeast corner of Maple and Dempster. Alderman Kent reported that this item was held in committee. Community Development Director James Wolinski reported there was no recommendation from the Preservation Commission, which recommends on any subdivision in a historic district. Their vote was 4-4. This property is in the Ridge Historic District. Corporation Counsel said if they were to proceed with this matter to support the approval, they needed to get findings of fact. Nomination of Two Citizen Members to Northwestern Universitv/City Committee — consideration of the City Council approval of the appointment of Robert Atkins and David Schoenfeld to the University/City Committee. Alderman Kent reported that this committee is ready to go and an alderman will bring another name to make this committee more community minded. The name will be submitted to the P&D Committee at the next meeting. Mayor Morton said this is an advisory committee. In the past, the process for getting names to serve on a citizen committee was citizens submitted names, which were then presented to Council. She has not asked citizens to submit names and asked that this be held. She said that this committee was to have the I" Ward alderman and two citizens from the community. She was not sure what "community" meant in this case, whether it meant 1st Ward or the entire community. An opinion was needed on that. She was sure others might wish to serve on this committee and they should not be blocked from applying. She would take the two names and asked that these individuals provide something in writing that they would like to serve. She thought in fairness to all who live in the lst Ward, a decision regarding the meaning of community and the rules state that they need to go through the procedure. Alderman Newman said these appointments are to be made by the City Council and are provided for in the Consent Decree. City Council would decide how these are determined. In the initial consent decree, the 15t Ward alderman was April 13, 2004 designated to appoint these citizen members, but in the Consent Decree they adopted, these appointments were to be made by the City Council. He said this committee could not work unless the citizen members are advocating for the neighborhood. One had written a letter to the editor that the Mayor may not have liked because he got a telephone call on it. The other individual was appointed to something else. He said both are fine people and this was like when City Council appointed the negotiating team, which is not appointed by the Mayor. He asked her not to play games that the only appointments that have a political implication are made by the City Council. He could cite many appointees who were not just another person, but it was whom they knew. He said these two individuals were involved in the historic district, have given an extraordinary amount of service and have considerable zoning backgrounds. If they are trying to get this committee to fail, that could be of interest. People in this neighborhood want people who will advocate for the neighborhood's interests. Council has reserved the right to make appointments and this was done properly. He suggested this be sent to the Rules Committee. He spoke to Council members when they were putting together the Consent Decree and this committee was to be made up of people who have experienced problems with Northwestern University in that neighborhood. Mr. Atkins has represented neighborhoods groups before the ZBA. This has nothing to do with the prerogatives of the Mayor. Mayor Morton stated that all appointments are approved by the City Council. She thought he might be presupposing that those recommendations might not be accepted by Council. She will ask for a legal opinion as to how they should proceed. Alderman Newman referred the matter to the Mav 3 Rules Committee meeting. Alderman Kent assumed they would get a legal opinion and deal with this in the Rules Committee. The P&D Committee has another name coming from the 7th Ward alderman. He agreed "community" should be checked out. Community as represented to them are those involved in the 7th and I" wards. Ordinance 49-0-04 — Zoning Text Amendment: Mixed Residential Uses/Uniaue Uses — Consideration of proposed Ordinance 49-0-04, which approves a recommendation of the Plan Commission for a Zoning Text Amendment to the Zoning Ordinance regarding authorizing various residential uses on zoning lots in residential districts where not permitted as of right. Alderman Kent reported this generated a great deal of discussion and was held in committee. Ordinance 50-0-04 — Planned Development & Uniaue Use — 1314 Ridge Ave. — Consideration of proposed Ordinance 50-0-04, which approves a recommendation of the Plan Commission to grant a Unique Use and Planned Development for former District 65 headquarters at Asbury/Dempster/Ridge. Alderman Kent reported that this item was held in committee. Ordinance 40-0-04 — Special Use for 2401 Bnunmel Place (Religious Institution) — Consideration of proposed Ordinance 40-0-04, introduced March 22, 2004, which grants a special use for 2401 Brummel Pl. (former Shure property) for a Religious Institution to Vineyard Christian Fellowship. Alderman Kent reported they are making headway. The Vineyard's attorney presented a legal document with three changes. This item was held in committee. Alderman Kent announced a Special Planning & Development Committee meeting on April 19 about an affordable housing ordinance. HUMAN SERVICES: Mayor Morton asked for a motion to convene as Township Trustees. Alderman Bernstein so moved and seconded by Alderman Moran. Motion carried. No nays. Approval of March 2004 Township Monthly Bills — Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of March 2004 in the amount of 10 April 13, 2004 $140,333.86. Trustee Bernstein moved approval of the bills except one for $5,000 to R.S. Hoover & Associates. He asked that payment be withheld due to insufficient documentation and payment of $135,333.86 be authorized. Seconded by Trustee Wynne. Roll call. Voting aye — Tisdahl, Rainey, Feldman, Newman, Jean -Baptiste, Wynne, Bernstein, Kent, Moran. Voting nay — none. Motion carried (9-0). Trustee Bernstein stated that they have asked the Township Assessor to have her attorney be present so they can have a discussion regarding actions taken on behalf of the lawsuit that is now pending. He explained they have asked for minutes from closed sessions. They intended this be discussed at the Human Services Committee. Mayor Morton reconvened the meeting as City Council. Alderman Bernstein reported that public testimony was taken from 65 persons on whether to modify the City's Clean Air Ordinance. The prior evening, the committee was charged with bringing forward changes to the ordinance. The committee moved to remove smoking from restaurants excluding restaurants with bars. That was defeated 4-1. Another motion that excluded smoking from all workplaces except restaurants/bars, passed 5-0. They expect to have an ordinance prepared for their next meeting and subsequently to Council. Alderman Feldman stated the ordinance would be ready in June. The committee thanked all who provided information. Nobody on the committee is for smoking anywhere, but the realities of the economics of Evanston were a primary force to preclude smoking in restaurants/bars. He reported the committee wanted to preclude an uneven playing field economically with other communities so they proposed a resolution be sent to state representatives to pass a state-wide ban on smoking in public places. He said they were advised by Mr. Ziegler that recent proposed legislation included communities that did not have a clean air act, one of which was Evanston, cannot ask for a modification or a new one. Recent legislation was voted down that would allow a community without a clean air act to initiate one. They thought they would appeal to Cook County, which might provide a level playing field. There was some question whether the County could impose such a law on a home rule community. They want the state to become a smoke -free state. City Manager Crum confirmed that was a request to prepare a resolution for the next Council meeting. Alderman Feldman explained that the motion passed in committee and the ordinance that will come before them will leave restaurants/bars in the same position as they are now. The only change is a ban on smoking in work places. CALL OF THE WARDS: 7th Ward. No report. 8th Ward. Alderman Rainev made a reference to the P&D Committee to consider live/work spaces in I2 districts and other residential districts. She stated the only serious interest in the former Shure Bros. property is residential. She knows there is interest in renovating unused factories and currently residential is not allowed as a permitted use. 9th Ward. Alderman Feldman reported that the recent meeting of the Human Services Committee on the suggested alteration to the clean air act was a powerful experience for all. People on both sides felt strongly about the issues of health and well being, the local economy and Evanston's ability to pay for its highest aspirations in social services and to make the community filled with grace and beauty. There were high stakes on both sides. An issue like that takes a lot out of everybody. Last night Council had a good discussion and all wished that they could have a non-smoking environment in public places; understood why many people feel that way. He thought people in the restaurant industry felt the same way if they could have a level playing field. He said the action they took was not in behalf of one business or another but to protect Evanston's economy. Some will disagree with the decision. He believed the final result, a significant alteration of the law that prohibits smoking in work places, affects more people. 1" Ward. Alderman Newman said City Council Rule 5.1 states, "The Mayor shall have the sole right and power, with the advice and consent of the City Council, to make all appointments to the commissions, boards and advisory bodies 11 April 13, 2004 of the Council unless otherwise provided by ordinance or resolution." The Consent Decree specifically states the City Council will make the citizen appointments to the Northwestern/City Committee. As this was negotiated and they tried to work out a solution to the lawsuit, they wanted a forum so that parties in conflict could come together, discuss and attempt to resolve issues. It reminded him of the Palestinians and Israelies. So, if they don't have neighborhood people who have been involved over the years and spent time, it is a meaningless group. If they want to have a committee and put advocates for NU on it, they won't have a committee and will have undermined what they ended up with in the Consent Decree. He assumed when the City Manager puts something on the agenda that legal counsel had thought about, considered and read it. He congratulated David Jennings for the great lighting in the Tallmadge lights, which is spectacular. He anticipated some complaints because they have taken dark areas where one could not see corners and people did not feel safe and those areas are now brighter. He said there are people who make speeches about the relationship between NU and the City and those who talk about what it ought to be. This started several years ago when the president of the Associated Student Government, Jordan Hynes decided to take a different tack. Instead of using Council meetings to perpetuate himself and make an issue of "them and us," he wanted to problem solve. They sought other groups and met. Another group was the Pan -Hellenic group headed by Ann Garickson, risk management chairman. Another was Madra Camaretti and instead of talking about the relationship, they set about to solve a problem. They did not try to perpetuate the myth that Council hates the students. The lighting fixtures had been neglected, part of the 0% thing to keep taxes low in the 1990s, defer maintenance, make the streets unsafe, and they decided to fix it. A lot of money was invested to make this change and these students need to be congratulated. Also the so-called "animus Council members" looked at the problem. Lights around the university are very important so that area was done first and the problem was solved. The City was being sued during this time and told that the City did not like the university and had impure motives. He said these students worked constructively to solve problems and stated what they needed. David Jennings responded. The administration ought to look at what the students did. Each term he tries to find something to benefit the student body and the community. Alderman Newman congratulated Rich Figurelli, Superintendent of Water & Sewer, who retired after 28 years. He always found working with him productive and he ran a professional operation. They have few problems with the Water Division and the City has profited and provided decent service. Mr. Figurelli did a good job and he wished him well. 2"d Ward. Alderman Jean -Baptiste said in the discussions about the clean air act, the committee asked staff to look at prohibiting new restaurantibars from allowing smoking. They would grandfather in existing establishments and explore that possibility with new businesses. When they discussed fines on drinking or possessing drinking alcohol on the public way, they talked about the need for consistent enforcement. He said there are fines, but not consistent enforcement. He asked there be enforcement efforts. He asked Mr. Crum if he could give a memo on plans to improve the garbage pickup and street cleaning in the outlying areas of the City at the next meeting. 3'd Ward. No report. 41h Ward. Alderman Bernstein thanked Rich Figurelli for his many years of service; said he was a consummate professional, will be missed and wished him the best of luck. He congratulated the 14 citizen emergency responders and noted most were graduates of the Citizens Police Academy and urged Council members to go through the academy. He noted it is April, with alternate side parking in effect, and reminded residents to read the parking signs so they don't get ticketed. 51hWard. Alderman Kent sent kudos to Rich Figurelli. He said some work hard everyday and once they retire, deserve to do whatever they choose. He said that Rich Figurelli is a wonderful individual and committed to this City and his department. He will be terribly missed. On Saturday there will be the first Dumpster in the 5th Ward in the Adam Perry Park neighborhood and it would take care of 12 April 13, 2004 Brown, Hovland and Grey. He reminded residents if they don't take advantage of the Dumpsters that someone else would. The Dumpsters are for neighborhood debris. He urged people to get up, get out and make some improvements in the neighborhood. He again reminded the community of a Special P&D Committee meeting April 19 at 7:00 p.m. on affordable housing. 6th Ward. No report. There being no further business to come before Council, Mayor Morton adjourned the meeting at 11:35 p.m Mary P. Morris, City Clerk A videotape recording of this meetine has been made Dart of the permanent record and is available in the Citv Clerk's office.