HomeMy WebLinkAbout05_24_04_ccCITY COUNCIL
ROLL CALL - PRESENT:
A Quorum was present.
NOT PRESENT AT
ROLL CALL:
ABSENT:
PRESIDING:
Alderman Newman
Alderman Jean -Baptiste
Alderman Bernstein
Alderman Kent
Aldermen Wynne
None
Mayor Lorraine H. Morton
May 24, 2004
Alderman Moran,
Alderman Tisdahl
Alderman Rainey
Alderman Feldman
The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, May 24,
2004, at 6:19 p.m. in the Aldermanic Library. Alderman Moran moved that Council convene into Closed Session for the
purpose of discussing matters related to personnel and closed session minutes pursuant to 5ILCS Section 120/2 (c) (1)
and (21). Seconded by Alderman Tisdahl.
(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.
(21) 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.
Alderman Newman commented that he did not see a need to go into Executive Session because they have not done the
appointments of individuals in the past. He noted this was a very public issue and two of the names have already been
discussed publicly. He reiterated that there was no need to go into Executive Session, because what that would do is put
all appointments into Executive Session. He wanted to discuss the issue later on, when everyone was present (Alderman
Wynne was not present at this point).
Mayor Morton pointed out that of the (eight) names submitted, two of them are in the public, but not the others.
Alderman Feldman addressed the issue of respect due any citizen when there is an open debate. If there is any debate
at all, he suggested it be to advocate for someone and have nothing to say about those they do not intend to vote for.
Alderman Rainey agreed that this should not be in closed session. While this is not like other appointments, it is an
appointment and she saw no reason to do it in private.
Alderman Jean -Baptiste did not understand the objection to handling this in closed session. It was pursuant to the consent
decree (NU settlement) and could be framed in such a way as to be consistent with what has been done in closed session.
Alderman Rainey clarified that she saw no reason why they could not do it in Executive Session, but thought it would
be preferable to do it in open session. She noted that this was not a personnel matter, but an appointment to a committee
and she would feel better about the process if it was done openly.
Alderman Feldman stated he did not see a compelling reason to be in Executive Session. He did not think that Council
could make a case for close session with regard to Council voting for a committee that everyone knows is out there.
Alderman Moran commented that it did not matter to him if the issue was handled in open or closed session. He thought
that some of the people who have been discussed do not belong on this committee. If they have this discussion publicly,
then it needs to be open and honest. He has strong feelings about who should or should not be on this committee.
May 24, 2004
Alderman Bernstein suggested opening the door (to the Aldermanic Library). Mayor Morton noted that she had not
carried through the motion to go into closed session, which is done by roll call vote. Alderman Bernstein queried open
session, did Alderman Newman mean starting at 8:30 p.m. (as opposed to 6:00 p.m.) or did he have a problem voting
on the issue now?
Alderman Newman stated that his only problem was that Alderman Wynne would be there later and she was on the
negotiating committee that came up with the idea of this committee (NU/City). He preferred to delay the vote until she
could participate. He said that the item is on the yellow agenda, so they could not finish here. Alderman Newman pointed
out that the litigation with Northwestern is terminated and this is not connected to it. He noted that anyone, who puts their
name forward for any of the boards, commissions or committees, takes the risk that they will be discussed publicly.
Alderman Jean -Baptiste would prefer to debate the issue here in closed or open session. He was not sure what the benefit
would be in waiting for Alderman Wynne and discussing it in public debate. He stated that since he as been on Council,
no one's appointment has been debated.
Alderman Tisdahl said she has been on the Council for a year and they have never handled a volunteer appointment. She
noted this could be handled in open session, but it was very different. Some of the people would get no votes at all, they
are volunteers and she believed they should not be discussed in public.
Alderman Feldman commented that everything possible is done to avoid a public discussion and it all depends on the
individual. He stated that any Council member who felt strongly about any potential appointee could discuss it in public.
He intended to vote for the people he thought would be best and would not discuss the others.
Alderman Newman stated that what Alderman Tisdahl said does not work, there's no stopping anyone once it gets to
Council to having a discussion of the names. He pointed out that the minutes of this meeting that Council is having are
ultimately subject to release. He noted that City Council is a legislative body that deals with the appointment of
individuals and stated that his two nominees understand that there will be public debate on the names.
Mayor Morton read a portion of Corporation Counsel Jack Siegel's letter to City Council, "The Council may wish to
utilize a list of candidates, which are submitted by the individual aldermen, to avoid possible embarrassment to
individuals nominated and then rejected by a public vote. Other methods of determining procedure lie within the
discretion of the Council. It should be noted that consideration of nominees may take place in executive session under
5 ILCS 120/2 (c) (3) of the Open Meetings Act, but final appointment must be voted in an open session."
Mayor Morton reiterated that the motion on the floor was to go into closed session.
Roll call. Voting aye — Jean -Baptiste, Moran, Tisdahl. Voting nay — Newman, Bernstein, Kent, Rainey, Feldman. Motion
failed (3-5).
Mayor Morton referred to the list of names submitted for the Northwestern University/Citizens Committee prepared by
City Clerk Mary Morris and included in the aldermen's packets (Barbara Janes, Tom Gimmell, Barbara Putta, Michael
Hendershot, Michael Sear, Robert Atkins, David Schoenfeld and Jeanne Lindwall).
Alderman Newman asked who were the people nominated by the Mayor?
Mayor Morton stated that the list she prepared consisted of six people who either called or came in to see her about being
on this committee. She read comments on each nominee: Barbara Janes, is a schoolteacher and member of the Northeast
Homeowners Association; Tom Gimmell is an attorney, serves on the Kendall College Task Force and a spokesman for
neighbors regarding Kendall College and member of the Northeast Homeowners Association; Michael Hendershot is
a businessman, who grew up in that neighborhood and the former president of the Northwest Neighbors; Michael Sear
is a CPA and active in the neighborhood; David Schoenfeld is an attorney, member of CDBG Committee and Northwest
Neighbors; and Jeanne Lindwall, who was the first City Preservation Coordinator, the Capital Improvement planner for
10 years and a former principal consultant for planning and TIFs.
May 24, 2004
Alderman Newman moved to nominate Robert Atkins and David Schoenfeld. Seconded by Alderman Feldman.
Alderman Newman noted that in his 13 years on Council, there have been no applications by Northwestern in the area
around Colfax St. and the 2300 block of Orrington Ave. There have been multiple applications around the area of Foster
St. and Orrington Ave. There are other people on the list who are good people. He stated that Atkins and Schoenfeld
supported the settlement of the lawsuit, have shown the ability to compromise on tough issues and are knowledgeable
about zoning. He thought they would serve the City well on the committee.
Mayor Morton inquired regarding the people who called and asked to be considered, were they not going to consider
them? She noted the motion made completely eliminated them.
Alderman Feldman responded that any time Council acts, either pro someone or against someone, that is a consideration.
If one person advocates for one nominee, that is a consideration of the others. Alderman Newman added that if someone
else wants another candidate considered, these two could be voted down.
He believed that, when negotiating this committee, it was agreed to appoint people who have been historically involved
in community issues in negotiation with the University without sanction. The intention was to give those people who
were in the trenches on those issues the chance to negotiate with a sanction and that Northwestern would agree to do that.
Alderman Rainey pointed out that more than two people on the list have been involved with Northwestern. She stated
that they needed to put the strongest two people on the list on this committee.
From Alderman Moran's perspective, this presents the opportunity for the City and University to engage in what he
hoped would be a profitable discussion where the City has an interest and the University has an interest. He was
comfortable with David Schoenfeld on this committee. He referred to Bob Atkins as a "hard-liner on NU issues," and
acknowledged that Atkins was entitled to his feelings. He stated they needed to put someone on the committee who will
engage the University in discussion and talk to them in a "good faith" effort to reach consensus. He thought that
Schoenfeld was fine and that they should get someone from the north end.
For educational purposes, Alderman Newman stated that two of the other names on the list were as hard -lined as one
could imagine. He cited the experience that he and Alderman Tisdahl have had with people (on the north -end) while
negotiating with Kendall College. He stated that so far the Kendall negotiations have been very hard -lined.
Alderman Newman restated that the motion was to nominate Robert Atkins and David Schoenfeld as the citizen
representatives to the NU/City Committee
Roll call. Voting aye — Newman, Jean -Baptiste, Bernstein, Kent, Rainey, Feldman. Voting nay — Moran, Tisdahl. Motion
carried (6-2).
At 7:10 p.m., Mayor Morton asked for a motion to go into closed session. Alderman Feldman moved that Council
convene into Closed Session for the purpose of discussing matters related to personnel and closed session minutes
pursuant to 5ILCS Section 120/2 (c) (1) and (21). Seconded by Alderman Moran.
Roll call. Voting aye — Newman, Jean -Baptiste, Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman. Voting nay — none.
Motion carried (8-0).
At 7:30 p.m. Mayor Morton recessed the closed session to be continued after the Regular City Council meeting.
Mayor Morton reconvened the City Council meeting at 8:50 p.m. in the City Council Chamber.
ANNOUNCEMENTS:
Public Works Director David Jennings announced that due to the Memorial Day holiday all recycling and trash collection
would be one day later (Tuesday through Friday).
4 May 24, 2004
Parks/Forestry & Recreation Director Doug Gaynor announced that Evanston's five beaches would open Saturday, June
12 and beach tokens can be purchased at considerable savings. Until June 11, they will be sold at the $20 discount rate
to Evanston or Skokie residents and $36 to non-residents. From June 12 through August 1, beach tokens will cost $27
for Evanston or Skokie residents and $51 for non-residents. He reported that tokens are sold at the Civic Center,
recreation community centers and the Dempster Street Beach Office. He announced that there is a reciprocal arrangement
between Evanston and Skokie for the summer swimming season. Evanston residents can purchase a Skokie Park District
outdoor season full pass for the same fee as Skokie residents. Rates are $50 per family member if purchased by Sunday,
June 13 and $65 after that. The passes are valid at the Skokie Water Playground and the Devonshire Aquatic Center.
Interim Fire Chief Alan Berkowsky presented the Paul Harris Award to Deputy Chief Sam Hunter from the Lighthouse
Rotary Club in Evanston. Chief Berkowsky stated that when Deputy Chief Hunter was given the task of Liaison to Sister
City Belize, he took it to heart and during the past five year made seven trips on his own time. He taught Belize officials
how to adopt and enforce fire safety codes and even showed them how to deal with the dialysis machine at the hospital.
Chief Berkowsky said this award is the Rotary Club's highest honor and is given to a person who shows dedication and
support for those less fortunate.
COMMUNICATIONS:
Mayor Morton received 178 printed cards addressed to City Council and signed by Northwestern students. Deputy City
Clerk Mayre Press read into the record the message on the cards:
The students of Northwestern University are concerned about the affordable housing situation in Evanston, and
believe that an inclusionary zoning policy would help to rectify the problem. The trend of rising housing costs
and decreasing salaries forces families to either pay high housing costs or to live in another community. We feel
that Evanston's workforce deserves the right to live in the same city where they work. Therefore, we support the
members of council who are interested in creating a committee devoted to getting an inclusionary zoning
ordinance in Evanston. Northwestern students are interested in both supporting and helping this committee and
we hope the council continues its efforts to make housing affordable for all its residents.
CITIZEN COMMENT:
Shirlee Taraki, 1864 Sherman Ave., lives near downtown and noted that people who walk on the sidewalks there are in
danger from bike riders. She was happy that a new ordinance was adopted, but noted that won't stop some students from
riding on sidewalks. Ms. Taraki read from a Daily Northwestern article published that day, "...a junior said he often
bikes in no -cycling zones on the sidewalks of downtown Evanston and will probably do so on Foster. `Cops have passed
me dozens of times and only once has one said anything. I'll probably just ignore the (new) signs.' "
Jeff McDermott, 1817 Washington St., president of the Firefighters' Union, wanted to thank City Manager Roger Crum
for his open door policy. He commented on Mr. Crum's honesty, noted he always had time for the firefighters and
wished him well in his retirement.
Jim Lovsin, 2006 Sherman Ave., NU junior and ASG/City Council liaison for the upcoming year. He commented on
Ordinance 48-0-04 (adopted 4/26/04), pertaining to bicycle riding on City sidewalks. He noted there's a balance between
residents who use the sidewalks as pedestrians and residents who use the sidewalks to ride their bicycles. He understood
that the ordinance allows Public Works to use its discretion to put signs up on the streets to prohibit bicycle riding on
the sidewalk and only one half of the street would be forbidden and riding was permitted on the other side. Currently,
only Foster St. has these signs up, but he feared that if they were posted allover the streets near Northwestern's campus
there would be safety issues. It will cause confusion among students who use their bikes to go to class and get around
Evanston. They will be riding in the streets, always a dangerous thing, and the increased bike traffic in the streets will
lead to traffic congestion. He asked that signs be posted to avoid confusion and if a method of advanced notification on
sign posting could be implemented. Additionally, he wanted to know if there was a process for challenging Public
Works' sign placement on certain streets.
Helen Williams, 250 Ridge Ave., member, Evanston Coalition for the Clean Indoor Air Act and a medical/public health
May 24, 2004
student at UIC. She thanked the Human Services Committee for making some changes to the Clean Air Act, but was
disappointed that these changes excluded bars and restaurants. She reported that the Centers for Disease Control (CDC)
put out its first warning for people at -risk for heart disease to avoid all gathering places that allow indoor smoking. She
said the agency noted that as little as 30 minutes exposure could increase the risk of heart attack for at -risk persons.
Mark Simon, 217 Kedzie St., family physician who works on Howard St. with a largely poor population. He testified
March 1 at the Human Services Committee hearing advocating for their interests in a safe, non -toxic work environment
and the protection of all Evanston workers from the known lethal effects of second-hand smoke. All of the physicians
on the medical staffs of both hospitals voted to send a declaration of support for the smoking ban to that hearing. The
chiefs of staff of both hospitals (Evanston and St. Francis) held a joint press conference on the steps of this Civic Center,
reaching an estimated 6.5 million viewers, appealing to Council to take action on this serious problem in the community.
For doctors, there is a clear right and wrong on this issue. We know best the devastating human effects of second-hand
smoke on the pulmonary and vascular systems. Unbelievably, after hearing the testimony of physicians, the Human
Services Committee reasoned a smoking ban might decrease Evanston's tax revenue. He reported that the committee,
with the notable exception of Alderman Tisdahl, voted to protect the budget from "imagined, feared, rumored potential
losses of tax dollars" if smokers are asked to step outside to avoid harming others.
CONSENT AGENDA (Any item marked with an Asterisk*)
Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: Ordinance 58-0-04 —
Residential Parking District/Sheridan Sq.; Sidewalk Caf6 Permit — Type Two Restaurant (Italian Coffee Bar); Ordinance
59-0-04 — Zoning Ordinance Text Amendment; and Recommendation to Provide $30,000 for Public Parking
Improvements. Seconded by Alderman Rainey. Roll call. Voting aye — Newman, Jean -Baptiste, Wynne, Bernstein, Kent,
Moran, Tisdahl, Rainey, Feldman. Voting nay — none. Motion carried (9-0).
* ITEMS APPROVED ON CONSENT AGENDA
MINUTES:
* Approval of Minutes of the Regular City Council Meeting of May 10, 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 May 20, 2004 and the City of
Evanston bills for the period ending May 25, 2004 and that those be authorized and charged to the proper accounts,
summarized as follows:
City of Evanston payroll (through 5/20/04) $1,992,163.57
City of Evanston bills (through 5/25/04) $3,849,446.24
* APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0)
* Approval of the professional services contract with T.Y. Lin International for engineering services for the On -Street
Bicycle Network at a cost of $34,216. (Funded by GO Bonds/2004-05 CIP budget.) * APPROVED - CONSENT
AGENDA MOTION & ROLL CALL (9-0)
* Approval of the lowest responsive and responsible bid from Open Kitchens for the Summer Food Service Program at
a cost not to exceed $92,316. (Funded through a federal grant.) * APPROVED - CONSENT AGENDA MOTION &
ROLL CALL (9-0)
* Approval of the lowest responsive and responsible bid of Fence Builders of Illinois, Inc. for the Beck Park Fencing
Replacement Project at a cost of $26,092.550. (Funded through 2001/02 CDBG grant.) * APPROVED - CONSENT
May 24, 2004
AGENDA MOTION & ROLL CALL (9-0)
* Approval of the non -bid purchase of five Public Works dump truck bodies (two for Water/Sewer and three for
Streets/Sanitation) from Tri-angle Fabrication & Body Co., Inc., at a cost of $68,925. (Budgeted in Fleet Services Capital
Outlay Account.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Approval of sole -source contract with Owen Ayers & Assoc., Inc. for GIS aerial photography at a cost of $23,330.
(Funded through CIP budget.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Approval of the Contract Amendment #4 with MWH Americas, Inc., to extend engineering services during
construction of Phase VI(B) of the relief sewer project until December 31, 2005 (no change in contract price).
APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Approval of the Contract Amendment #4 with MWH Americas, Inc., to extend engineering services during
construction of Phases VIII, IX and X of the Long Range Sewer Plan until December 31, 2005 (no change in contract
price). * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Approval of contract amendment for professional engineering services for Service Center Parking Deck Repairs and
Building Tuckpointing, Masonry Repairs and Sealing from Carl Walker, Inc., in the amount of $17,800 plus estimated
expenses. (Funding is $13,800 from Parking Fund and balance [$4,000 plus estimated expenses of $1,400] from the CIP
budget.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Resolution 32-R-04 — Budget Policv Revisions — Consideration of proposed Resolution 32-R-04,
which revises the budget policy regarding the public hearing date and technical changes.
APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Resolution 31-R-04 — General Maintenance Motor Fuel Tax Resolution — Consideration of proposed
Resolution 31-R-04, by which the City Council would appropriate $630,000 in MFT funds for FY 04
to finance general maintenance of streets by City forces. * APPROVED - CONSENT AGENDA
MOTION & ROLL CALL (9-0)
* Resolution 30-R-04 — Relating to Prevailing Wages for Public Works Proiects — Consideration of
proposed Resolution 30-R-04, the prevailing wage requirement of Illinois State law for public work
projects (passed annually). * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Ordinance 53-0-04 — Providing for Successor Bond Registrar — Consideration of proposed
Ordinance 53-0-04, introduced May 10, 2004, which provides for successor bond registrar and paying
agent for various series of bonds of the City of Evanston. * ADOPTED CONSENT AGENDA &
ROLL CALL (9-0)
* Ordinance 56-0-04 — No Parking Anv Time on Pitner Ave. South of Greenleaf St. — Consideration
of proposed Ordinance 56-0-04, introduced May 10, 2004, which amends Section 10-11-8, Schedule
VIII(A) of the City Code to prohibit parking on both sides of Pitner Avenue from Greenleaf St. to a
point 20-feet south of the commercial driveway (for C.E. Niehoff). * ADOPTED CONSENT
AGENDA & ROLL CALL (9-0)
* Ordinance 57-0-04 — Three-Wav StoD: Sherman Ave. & South Blvd. — Consideration of proposed
Ordinance 57-0-04, introduced May 10, 2004, which amends Section 10-11-5, Schedule V(C) of the
City Code to place a three-way stop at Sherman Ave. and South Blvd. * ADOPTED CONSENT
AGENDA & ROLL CALL (9-0)
PLANNING & DEVELOPMENT:
* Ordinance 60-0-04 — Zoning Man Amendment — Greenwood & Chicago Ave. — Consideration of
May 24, 2004
proposed Ordinance 60-0-04, which approves a recommendation of the Plan Commission to amend
the Zoning Map to place the currently zoned B3 business at Greenwood and Chicago into the B2
Business District. * MARKED INTRODUCED — CONSENT AGENDA
OTHER COMMITTEES:
* Nomination of Two Citizen Members to Northwestern Universitv/City Committee — Consideration
of the City Council approving the appointment of two members to the University/City Committee.
APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0)
Alderman Feldman noted that this item was addressed by City Council that evening at 6:30 p.m. in an open session in
the Aldermanic Library. He stated that, in an open session, Council discussed, nominated and approved for nomination
the names of Robert Atkins and David Schoenfeld as citizen members to the Northwestem./City Committee.
* HUD Consolidation Plan Annual Performance & Evaluation Report — Consideration of a
recommendation to approve the HUD Consolidation Plan Annual Performance & Evaluation Report
(CAPER) for FY 2003-04. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Resolution 29-R-04 — Amendine the Council Rules — Dissolvine Budget Committee — Consideration
of proposed Resolution 29-R-04, which deletes the City's Budget Committee. * APPROVED -
CONSENT AGENDA MOTION & ROLL CALL (9-0)
* Resolution 34-R-04 — Amending 1996. 2001 and 2003 CDBG Programs and Reallocating
Unexpended Funds — Consideration of proposed Resolution 34-R-04, which amends 1996, 2001 and
2003 Community Development Block Grant Programs and authorizes the reallocation of unexpended
funds to the CDBG Special Assessment Assistance Program. * APPROVED - CONSENT AGENDA
MOTION & ROLL CALL (9-0)
APPOINTMENTS
Mayor Morton asked that the following appointment be introduced:
Louis J. Weathers
1728 Brown Ave.
Colin Matthew Proksel
1637 Orrington Ave.
Brooke L.M. Roothaan
824 Florence Ave.
Karen K. Terry
1114 Judson Ave.
* APPROVED — CONSENT AGENDA
OTHER COMMITTEES:
Commission on Aging
Housing Commission
Library Board
Library Board
AGENDA ADDENDUM
* Ordinance 61-0-04 — Third Amendment to Redevelopment Agreement — Consideration of proposed
Ordinance 61-0-04, which authorizes the City Manager to execute the Third Amendment to the
Redevelopment Agreement with Sherman Plaza Venture, LLC. * MARKED INTRODUCED —
May 24, 2004
CONSENT AGENDA
* Resolution 35-R-04 — Second Amendment to Public Improvements Construction Agreement —
Consideration of proposed Resolution 35-R-04, which authorizes the City Manager to execute the
Second Amendment to the Public Improvements Construction Agreement with Sherman Plaza
Venture, LLC. * MARKED INTRODUCED — CONSENT AGENDA
Alderman Feldman noted that this item was to be introduced and held.
REPORT OF THE STANDING COMMITTEES
ADMINISTRATION & PUBLIC WORKS:
Ordinance 58-0-04 — Residential Parking District/Sheridan Square — Consideration of proposed
Ordinance 58-0-04, introduced May 10, 2004, which amends Section 10-11-18, Schedule XVIII of
the Code to establish an overnight residential parking district at Sheridan Sq.
Alderman Jean -Baptiste moved approval of Ordinance 58-0-04. Seconded by Alderman Wynne.
Alderman Jean -Baptiste reported that initially the committee voted against this ordinance, but after a discussion with
the ward alderman, they realized that the restriction would apply to only a two block area. Similar residential parking
districts have been established in other parts of town and citizens still had access to the lakefront at other sections.
Alderman Moran reported that he voted against this in committee. His reasons had to do with the regulatory scheme that
is being implemented here rather than this particular location. He generally has not favored neighborhood parking
districts and saw them as preventing other Evanston residents from parking on a particular street sometimes, as in this
case, certain hours of the day. He thought that people who live and pay taxes in Evanston are entitled to park freely and
to share parking spaces that are on public ways.
Alderman Newman remarked that the restrictions at issue go into effect at 9:00 p.m. and the parks close at 11:00 p.m.,
so there is a two-hour window. Otherwise there are no restrictions on that street during the entire day, seven days a week.
Roll call. Voting aye — Newman, Jean -Baptiste, Wynne, Bernstein, Kent, Tisdahl, Rainey, Feldman. Voting nay — Moran.
Motion carried (8-1).
PLANNING & DEVELOPMENT:
Sidewalk Cafe Permit — Tvne Two Restaurant (Italian Coffee Bar) — Consideration of a
recommendation of the Site Plan & Appearance Review Committee to grant a sidewalk cafe permit
to The Italian Coffee Bar, 1549 Sherman Ave.
Alderman Kent reported that this item was held in committee.
Ordinance 59-0-04 — Zoning Ordinance Text Amendment — Consideration proposed Ordinance 59-0-
04, which approves a recommendation of the Plan Commission to establish minimum standards when
planned developments are required.
Alderman Kent noted on page 2 of the Plan Commission memo to Council, that "U3-University Lakefront Campus District"
was removed. He asked that this item be "marked introduced" as amended and referred back to the committee.
HUMAN SERVICES:
Alderman Bernstein reported that the marina would not be discussed at the June committee meeting and would likely
May 24, 2004
be discussed in July.
OTHER COMMITTEES:
Recommendation to Provide $30,000 for Public Parkine Improvements — Consideration of a
recommendation of the Economic Development Committee to provide $30,000 from the Economic
Development Fund to improve, increase and beautify public parking adjacent to a redevelopment
project at 1703/1711 Darrow Ave.
Alderman Feldman moved approval of this item. Seconded by Alderman Rainey.
Alderman Kent stated that this item was interesting because it is located in a peculiar place. The east side of Darrow is
clearly the 2nd Ward and the west side is the 5th Ward and that boundary splits the wards down the middle. He pointed
out that in August (when the ward redistricting changes become effective), it will revert back to the 5t' Ward. The reason
that he asked this item to be held two weeks ago is that the 51h Ward residents who live on Darrow have no idea what
is happening with this project and they want the developer to share with them what is happening. Alderman Kent
reiterated that he is not "against" development, but is for "his" community, adding that at some point in time, we have
to step together if we're going to step at all. He moved that this item be tabled until the neighbors on Darrow have an
opportunity to meet with Alderman Jean -Baptiste, the developer and himself.
Alderman Jean -Baptiste stated that he had not intended to discuss this issue that evening and pointed out that he wrote
a letter on April 14, 2004, and had been available by phone and in person to make arrangements for a community
discussion. In his mind, the discussion was to have taken place before this time and he was opposed to tabling it.
Mayor Morton stated that the tabling motion was lost because there was no second.
Alderman Newman interjected that he purposely did not second the motion to table, which is non -debatable, because
he did want to deprive Alderman Jean -Baptiste the opportunity to discuss the issue. He stated that the debate ought to
be continued, because at some point, he would second the motion to table.
Alderman Kent remarked that he would personally like Alderman Jean -Baptiste to finish with his discussion.
Alderman Jean -Baptiste said that every time there is a proposal to use public money to improve streets or any
infrastructures to ensure the success of businesses in the community at -large, he does not approach each individual
business to determine whether or not the residents in that community are on top of what is going on. In most cases, we
can assume that there is knowledge of what is going on. He noted this project has been going on for a period of time and
a number of people in the community work on it. This project will bring significant benefit to the community --it has
employed people who live there and offered an alternative to an empty building that was unused, so there are tax
benefits. Objectively, right now the project is in the 2nd Ward and there was no strategy to subterfuge a future transfer
of jurisdiction. The issue is that there's a business that needed public parking improvement and sought the advice of staff,
who thought it was a reasonable request. He was approached, told the project would cost $45,000 and that the business
would invest $15,000. He pointed out that other improvements would be made to the parkway and green space. If there
were issues to discuss, he was willing to talk about them, but he did not want to have to talk about issues anew on the
Council floor. He stated that he supported Alderman Kent's strategies of preservation, conservation and affordable
housing. He did not want to get into a deep polemic on this particular issue. Alderman Jean -Baptiste saw his role as
accessing and facilitating (for the developer) and asked Council to approve the public improvement that evening.
Alderman Rainey told Alderman Kent that there is rarely an occasion when she does not support all of his efforts based
on a dedicated community spirit. She noted that this issue is not about the project, Strange Lofts. She said this was a
unique situation where Council has the opportunity to increase 12 or so parking spaces for the public. It will cost the City
$30,000 and, she pointed out, it cost them $29,000 to create one parking space in a public garage. Alderman Rainey
could not support tabling this motion, but would support a requirement that a public meeting be held in that neighborhood
to explain to neighbors what the project is all about, especially the public parking. She moved that the motion be
10 May 24, 2004
amended to require a public meeting before any money or agreement be released to the developer.
Alderman Newman supported the project, but saw no harm in tabling it until June 14. He stated that delaying a vote until
the next Council meeting would not make or break the project.
Alderman Kent remarked that it seemed to him that Council and staff have decided that this is a good project. He
reminded all that he had told them the residents of his ward had no idea what was happening and that they should be
brought into the process. He noted that the people in that area have dealt with a lot and that developers of other projects
have met with community members. If it is such a "great" project then give the people who pay the taxes a chance to
respond to it. He pointed out that the residents in that community do have a block club, so getting them together for a
meeting would not be a problem. Alderman Kent asked Council to support tabling that item.
Alderman Feldman supported the EDC recommendation to contribute $30,000 for public parking improvements. He
referred to what seemed to be a lack of coordination on the Council with people most interested in this issue and hoped
that kind of thing does not recur. He felt certain that Council would pass this and supported a tabling for just one
meeting.
Alderman Rainey amended the motion on the floor (to allocate this money), to allocate those funds only on the basis that
a meeting be held with neighbors within the next two weeks (by June 14, 2004).
Alderman Jean -Baptiste could not respond to all of the deep issues that Alderman Kent had put on the table. He noted
that how process is managed and how contradictions are handled determines whether or not they remain light as a feather
or as heavy as a mountain. If they are mishandled, then they get really heavy. As he noted before, there had been
opportunities for discussions. He responded to Alderman Feldman's remark that "we were hopeful the sides would
handle the process correctly and that Council would coordinate this effort." Alderman Jean -Baptiste commented that
"you (Council) reward failure to do that when you support the position that failed to assist and handle the process and
engage in discussion." Anyone can make a suggestion "let's meet with the neighbors and share this information with
them." He cited an instance when Alderman Bernstein and he, whose wards share a border, not only shared discussion
about a certain issue, but assignments to go to court, to follow up and to ensure that a certain problem was resolved.
He stated that they are trying to provide public parking that is related to a business that is getting set up in the community
and that public parking will facilitate its success. The tenants who are coming in, who have business to conduct, will be
able to handle their business. He noted that the Economic Development Committee has that as part of its mission. What
they are doing here is not inconsistent with what has been done all over the City. He reminded all that they are talking
about $30,000 and pointed out that millions of dollars have been given to businesses as concessions to facilitate their
growth all the time. When there is a requirement to have public notice, it is done. He disagreed that whenever he takes
an initiative in the 2nd Ward and, because it is adjacent to the 5`" Ward, that he was required to take Alderman Kent's
prescribed steps in order for him to address the issue. Alderman Jean -Baptiste did not think that was good policy. He
reiterated that they took the initiative and those who wanted to discuss it ought to have engaged in the process, not begin
the discussion that evening. He did not think they needed to make the issue deeper than it is --he thought it was light. He
thought they should vote on it that evening and agreed with Alderman Rainey that they should meet with the neighbors,
but did not think they should hold up the project.
Mayor Morton stated that was the motion, to approve it with the contingency that a meeting with neighbors be held.
Alderman Kent thought if they approved that and Alderman Jean -Baptiste really believed that it was not as deep as it
is, then there were the votes to do that. He stated it was as deep as it is --at least to him. He stated that, in his opinion,
it was backwards to approve the allocation of $30,000 and then have a meeting with the community. He did not know
of any other place where that happens. These neighbors live on that street, ought to be involved and have a chance to
express their feelings. Alderman Kent agreed that he did not want to get into all of this that evening either. All he wanted
to do was table it so the residents could have a voice.
Alderman Newman made a substitute motion to table this matter in the entirety until June 14, 2004. Seconded by
Alderman Feldman.
11 May 24, 2004
Alderman Newman stated that he has undergone frustration when certain things have been extended and cited some
examples. He did not see any reason why they can't do this on June 14, unless the project was jeopardized. He pointed
out that sometimes there is more process that people don't like, but you have to live with it.
Alderman Rainey supported tabling this matter out of respect for Alderman Kent. She stated that this issue had been
before a formal City Council committee of one kind or another since April. She felt that something should have been
done with this issue before that evening and encouraged Alderman Kent to hold the neighborhood meeting quickly.
Alderman Feldman heard a solid argument that evening from Alderman Jean -Baptiste and could not disagree. He thought
the alderman had done good work, was timely, put in a lot of effort and could understand his frustration. He responded
to the idea that if he supports the motion to table, it's rewarding that part of the process that hasn't kept up. He did not
think of it as rewarding, but in terms of dealing with what's here. He felt these kinds of roadblocks or last-minute hand
raisings are the kinds of things he has to respect unless the project was threatened. He noted it was the kind of thing he
would extend to any member of the Council and urged them to table this for three weeks.
Voice vote on the substitute motion (table item until 6/14/04). Motion carried.
Roll call. Voting aye — Newman, Jean -Baptiste, Wynne, Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman. Voting nay
— none. Motion carried (9-0).
CALL OF THE WARDS:
1" Ward. Alderman Newman asked if the marina was to be considered at the Human Services Committee meeting on
June 7? No. He understood that there would be substantial Federal money potentially to pay for the construction of the
marina. He knew, in part because the U.S. has been involved in two different wars, that the possibility of getting money
from the Federal government has disappeared. He wanted to get a response and find out what the situation is. In the
alternative, with no Federal funding, he understood that the City would issue General Obligation bonds for it.
Now that there are two City representatives for the Northwestem./City Committee, there is business for that committee
to consider and he wanted a meeting set at the City for Tuesday, June 8, at 7:00 p.m.
He noted that on the agenda was what he hoped was the beginning of the completion of the Sherman Plaza project. He
stated that a letter of intent on financing had been secured and that was a major step forward. He looked forward to
voting on this at the next meeting and pointed out that with the Sherman Plaza project, they have endured a two -three
year delay.
He had advocated strongly for more officers on the Northwestern University police force and heard that the department
would expand by ten people. He thought that would be a great contribution and hoped that it would be ten people.
Alderman Newman remarked that he is there to get things done for the City of Evanston and thought all nine aldermen
were there (for the same reason). Sometimes there are disagreements on how to proceed, but the goals are the same.
2°d Ward. Alderman Jean -Baptiste wanted to honor Andrea Daye, a 77-year-old neighbor who passed recently. She
helped any newcomer in the community and was always a giver. The major picnic held in the Haitian community
originated with her. He offered condolences to her family and gave her a "shout out" for all that she stood for.
He was raised a Catholic and has had discussions on religion with his mother. She pointed out a cousin who went to
church everyday and why didn't he go to church more often? He countered that the real deal is in practice what you do.
He serves everyday and people in the community come to his law practice everyday. He noted the majority of those who
come don't have a dime to pay and compared it to a community center. He stated that it isn't about stripes of more
community or less community and he didn't have to advocate what he is for all the time. Practice is the criterion of truth.
3'd Ward. Alderman Wynne thanked the Council for two items on the agenda that were critically important to the 3rd
12 May 24, 2004
Ward. The first was changing the B3 zoning at Chicago Ave. and Greenwood St. and the second was the Sheridan Sq.
parking restrictions and noted the residents there were grateful.
She reported on a 3rd Ward Town Hall meeting on Saturday, May 15, where 115 people attended. She thanked Sergeant
Bob Mayer and Officer Loyce Spells for coming and bringing representatives from a mental health social service agency.
There was a terrific discussion among the community members. Another meeting will be held in October.
41h Ward. Alderman Bernstein asked Mr. Crum if the financing for Sherman Plaza is contingent on the City's
contributions that are involved in ordinances introduced that evening? Yes, responded Mr. Crum, it's a total project with
the City's participation. Because Alderman Bernstein will not be at the next Council meeting, he would comment on this
tonight. He was frustrated that the City was giving these funds. He noted that the project commenced as a "done deal"
when Sears was coming to town. At the time, they were told there would be no need for any City involvement. Council
had determined that it would support the construction of a garage. He was displeased with the project's reduction in retail
space. He didn't know why they couldn't do better and more quickly. He reported that at the P&D Committee, someone
mentioned "the hole" in the ground. He stated that the City has done nothing to stop this project and pointed out that
Council has been only supportive of it.
He congratulated the recent graduates of the Citizens Police Academy and encouraged members of Council to go through
that program. He acknowledged that it's time consuming, but was among the most rewarding programs offered here.
He congratulated the award winners of Design Evanston and noted that Guitar Works on Main St. won for its interior.
He invited all to shop at Main Street's destination locations.
Congratulations also to those who ran the Relay for Life, for the cancer program on Friday evening. It was rained out
for the second year in a row. He thanked Facilities Management Director Max Rubin for his participation and Alderman
Rainey for the funds that she raised on behalf of cancer research. He encouraged everyone to go out and get tested —have
a mammogram, prostate (PSA) tests —where early detection of any cancer can be dealt with more readily.
He reported on an encounter with a resident while grocery shopping. The person told Alderman Bernstein he was really
opposed to the marina. After he endured loudness, finger pointing and glares from the resident, the two parties went their
separate ways. He noted that all aldermen are hard working, have different styles and are accessible to different degrees.
He recalled the saying, "more bees to honey, than vinegar," and stated that more civility is needed in the community.
SthWard. Alderman Kent thanked Council for the vote on the hold over on the public parking project. He looked forward
to reporting back to Council what happened at the meeting with the community.
He wanted an update on the rollout Dumpster program. Three dumpsters were delivered to Hovland Ct. last Saturday
and he wanted to know who requested those. He was concerned that there are enough parameters around the program
to continue to sustain the effect the dumpsters can yield.
6th Ward. No report.
7th Ward. Alderman Tisdahl made a reference to the Plan Commission to rezone National Louis University Dronertv
RI to conform with the Evanston neighborhoods around it and to conform with Wilmette, which has already done this.
She wanted to be sure that Northwestern students know that biking is allowed on Sheridan. She acknowledged that the
sign placed in a confusing location would be moved; urged students to bike on the sidewalks on Sheridan as it's safer
than biking in the street.
8th Ward. Alderman Rainey expressed her frustration regarding a reference she made on residential use in 12 zoning
districts and spoke on two previous occasions because it did not appear on the Planning & Development agenda. She
wanted to see that item on an agenda so she could come and speak to it.
She thought it was interesting to hear the communication from Northwestern students regarding affordable housing. She
13 May 24, 2004
pointed out to those students that, in certain parts of the community, rents are exorbitant because of NU students. They
are able to pay enormous amounts of rent for housing that would be unaffordable for a family. She commented that the
students should keep that in mind when suggesting to the Council how they should create affordable housing.
91h Ward. Alderman Feldman commented on Alderman Bernstein's issues with the Sherman Plaza development. He
could not think of a single time when showing support for a development was not the difference between having the
project and not having it. He noted that things change and the retail market today is very different from what it was when
this project was initiated. He stated that a significant portion of it is pre -leased (greater than 50%). He remarked that it
does not have anything to do with Klutznick, it has to do with the market. He asserted that the City would have a
knockout project there that would be the gem of this city. He noted that the City's contribution would come from TIF
money and termed the development "a gift" that requires something from the City. For its investment, the City will get
a monumental garage that is needed desperately and an attractive condominium development to enhance downtown
Evanston's 24/7 status. He pointed out that the City has made financial contribution to nearly every development that
it has had, some small —some large.
Alderman Feldman announced that after 17 years (on City Council), he would not seek office next year for the position
of 91h Ward alderman. He found that public service has been a privilege, an honor and an amazing opportunity and
recommended it to everyone. He thanked the people of the 9t' Ward for their faith in him through five elections and urged
those who are interested in this office to begin preparation for it and hoped there would be a vigorous contest.
Mayor Morton commented that Alderman Feldman's announcement and remarks were a statesman-like thing to do.
Alderman Newman said, from his perspective, no ward could ever do better than having Gene Feldman as its alderman.
At 11:05 p.m. Alderman Bernstein moved that the City Council reconvene into Closed Session for the purpose of
discussing matters related to personnel pursuant to 5ILCS Section 120/2 (c) (1). Seconded by Alderman Feldman.
Roll call. Voting aye — Newman, Jean -Baptiste, Wynne, Bernstein, Kent, Tisdahl, Rainey, Feldman. Voting nay — none.
Motion carried (8-0).
Mayor Morton asked for a motion to adjourn. The Council so moved and the meeting was adjourned at 11:35 p.m.
Mayre Press,
Deputy City Clerk
A videotape recordine of this meetine has been made part of the permanent record and is available in the Citv Clerk's office.