Loading...
HomeMy WebLinkAbout07_12_04_ccCITY COUNCIL ROLL CALL - PRESENT: July 12, 2004 Alderman Bernstein Alderman Feldman Alderman Moran Alderman Newman Alderman Tisdahl Alderman Jean -Baptiste A Quorum was present. Alderman Rainey Alderman Wynne NOT PRESENT AT ROLL CALL: Alderman Kent ABSENT: None PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, July 12, 2004, at 6:13 p.m. in the Aldermanic Library. Alderman Wynne moved that Council convene into Closed Session for the purpose of discussing matters related to personnel, real estate, litigation and closed session minutes pursuant to 5ILCS Section 120/2 (c) (1), (11) 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. (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. (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. (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. Roll call. Voting aye — Bernstein, Moran, Tisdahl, Rainey, Feldman, Newman, Jean -Baptiste, Wynne. Voting nay — none. Motion carried (8-0). At 7:07 p.m. Alderman Bernstein moved that Council reconvene into Open Session and recess. Seconded by Alderman Tisdahl. Motion carried unanimouslv. Mayor Morton reconvened the City Council meeting at 8:52 p.m. in the Council Chamber. ANNOUNCEMENTS: Interim City Manager Judy Aiello introduced Gavin Morgan, new assistant to the city manager, formerly with the City of Elmhurst, who resides in the 3rd Ward. Parks/Forestry & Recreation Director Doug Gaynor announced that the 191h annual Ethnic Arts Festival, featuring cultures of more than 100 countries, would be held July 17-18 in Dawes Park. Finance Director Bill Stafford reported on the 1997 series General Obligation Bond refunding last week, authorized by City Council in the spring with the other bond issue for the CIP. Rates were not favorable at that time. Working with Legg Mason, the City's underwriter, the callable portion was refunded last week on $12 million in bonds. Savings were about $415,000, a 3.75% savings on the principle of the refunded bonds. That was above the 3% benchmark they have historically used. They have taken the savings in lowering the debt service payments and weighted those savings in the early years to give the City more capacity to issue debt over the next few years as the City works through some of its pressing insurance issues. The City continues to keep its Aaa rating from Moody's and Fitch. He thanked Legg Mason July 12, 2004 for their assistance in helping the City save taxpayer's money. COMMUNICATIONS: None CITIZEN COMMENT: John Zbesko. 1120 Noyes St., said the 4th of July parade was fun to walk in and was glad to see Aldermen Newman, Bernstein, Tisdahl and Mayor Morton participating. He complained about the practice of people squatting on the public parkways with chairs and taped barriers and suggested a solution is to move the parade route. He suggested the 2005 4th of July parade start at Evanston Township High School, go south on Dodge Avenue and end in James Park. Mayor Morton stated the parade is sponsored by the 4th of July Association, not the City, and that organization would have to request a change. Judv Fiske. 2319 Sherman Ave., said at the last Council meeting two aldermen described efforts to landmark The Georgian and the former Swedish Theological Building on the Kendall College campus as "using preservation as an offensive weapon." They suggested landmark designations for both buildings were submitted after the redevelopment process had begun and unfair to the developers, Mather Properties and Smithfield Properties. She said this was not the case. The nomination for the Georgian was submitted in December 2003 prior to Mather's appearance for preliminary concept review before the Site Plan & Review Committee. It was only within the past two weeks that a zoning analysis, which initiates the planned development process, was completed and distributed to the public. Since then it was withdrawn. On the Kendall site, Smithfield Properties has only appeared before the Site Plan & Review Committee for concept review where their proposal has been tabled based upon concerns about density. The underlying zoning of the property has yet to be established. She stated landmark designation for the Kendall administration building benefits all: developer, neighborhood and the historic district in which it is a significant contributing structure. Landmark designation would give Smithfield Properties added flexibility to develop the building as a unique use under Evanston's Zoning Ordinance. The neighborhood benefits as the historic streetscape of Orrington Avenue is maintained and the Northeast Historic District retains the integrity of its boundary. Rather than an offensive weapon, preservation is a tool and part of a process. She stated it was appropriate to have a wider discussion about Evanston's historic and architecturally significant buildings whether officially landmarked or not and the contributions these buildings make to neighborhoods and shared history as a community before a building is demolished, not after. In particular she noted The Georgian and Kendall projects are quite different from recent developments in that each of them stands in a residential neighborhood, not in a commercial zone. In each case, the National Register of Historic Places could provide the developer with significant financial incentives for rehabilitation. Not all of Evanston's potential landmark buildings or historic districts have been designated. The Chandler Building was not a landmark when it was purchased but qualified for that designation. The new owners recognized this and approached the Preservation Commission and the Illinois Historic Preservation Agency. Working with those two organizations, they received financial support for rehabilitating a historic structure and the City benefited from their efforts. The $20 million renovation of the Orrington Hotel would also qualify if that building were listed in the National Register. She recalled that in 1985, then City Manager Joel Asprooth looked to the National Register of Historic Places for federal funds to offset the rising maintenance costs that placed Evanston's architecturally significant courtyard apartment buildings at risk. Historic preservation has helped property owners maintain these aging buildings that provide viable and affordable housing alternatives for Evanston residents. She said there are many more buildings whose preservation would benefit the community. She encouraged Council to investigate the options available as they work together to focus on the future of Evanston neighborhoods. Dr. Matthew Wvnia, 2343 Ridge Ave., presented a people's ordinance regarding Evanston/Northwestern Hospital's medical waste incinerator and thought aldermen had received a copy. He has a degree in public health and is an infectious disease specialist. He was astounded a year ago to learn that the hospital operates a medical waste incinerator; said these are virtually unheard of today in hospital communities. Only 1 % of the nation's hospitals operate incinerators. The reason they don't operate them is that these incinerators burn large amounts of waste (a small portion is infectious medical waste that requires special treatment). The Centers for Disease Control estimates that only 2% of a hospital's waste stream requires special treatment. Incinerators not only burn things that require special treatment but all the plastic bags and IV tubing. These are largely made up of polyvinyl chloride that, when incinerated, created dioxins, which are July 12, 2004 very toxic with no known safe level of exposure. Other toxins are created by burning medical waste. According to emission reports Evanston Hospital must prepare for the EPA, they emit mercury, lead, cadmium, several forms of small particulate matter (soot), carbon monoxide and nitrous oxide. Last year Evanston Hospital's incinerator released almost three tons of soot, eight tons of carbon monoxide and eleven tons of nitrous oxide, which are dangerous chemicals. He said there are efficient, cost-effective ways for eliminating medical waste that don't involve incineration that 99% of the nation's hospitals use. Neighbors are worried about this and have been for some time. Each person they speak to becomes concerned as soon as they understand the gravity of the situation. They appreciate that the hospital has agreed to close the incinerator eventually, but it needs to be closed right away. As of August 30 there will be 300 children at Orrington School and many at Baker School. These schools are a block and a block and a half from this incinerator. They know about the harmful effect of these toxins and soot on children who are affected by asthma. They ask City Council to close the incinerator by August 30 when school opens; were disappointed the July Human Services Committee meeting was cancelled but will present this ordinance at the August meeting. Ann Southworth, 824 Ingleside Pl., law professor and mother of two young children lives immediately adjacent to Evanston/Northwestern Hospital; believed it was in the best interest of residents for the City to pass the proposed ordinance. She addressed the issue that Evanston Hospital might sue the City if the proposed ordinance was adopted and was not aware of any valid legal basis on which the hospital could challenge the City's authority to pass this ordinance. The arguments hospital could possibly rely on are that the ordinance could exceed the City's regulatory authority or could be pre-empted by federal or state law. She alleged those arguments were weak. As a Home Rule community, she said that Evanston enjoys broad powers to regulate affairs of vital interest to the City, such as the issue of toxic pollutants from a hospital incinerator within the City's borders. Because the effects of these toxins are particularly nasty near the hospital, they are a matter of local concern. Evanston has a long history of regulating environmental quality within its borders. She stated that neither federal nor state law pre-empts Evanston's home rule authority in this area. They were aware of no ordinances prohibiting the operation of hospital incinerators that have been successfully challenged anywhere. She stated that none have any interest in trampling on the rights of any residents, including those of the hospital, which provides important services to the community and employs many residents. She said this effort was about ensuring that the rights and interests of all community members are respected. If the hospital has some legal claim of which they are unaware, they would like to know about it. They urged the Council to write to Evanston Hospital to seek information about its intentions and to answer two questions. First, if this ordinance were passed, would the hospital sue and second, if so, on what legal grounds would they do so? If the hospital has some legal basis for objecting to the passage of this ordinance, residents are entitled to know about it through a forthright exchange of information. She thought it unconscionable for the hospital to rely upon vague and implicit threats as a way of intimidating Council members into rejecting this ordinance. She stated this was an urgent issue of local concern in which Council not only has traditional authority but also primary responsibility to act on issues of health and safety for residents. Clare Kelly Deleado, 823 Colfax St., has lived near Evanston/Northwestern Hospital for more than 30 years. She has two children who attend Orrington School and teaches at Evanston Township High School. She questioned some of the rationale the hospital used to delay closing its medical waste incinerator. The hospital gives three main reasons they want to delay closing the incinerator for one year. One claim is that they need a year to install a new boiler to replace the small amount of steam produced by the incinerator; second, that they don't have sufficient space in their loading bay area to accommodate pick-up service by waste hauling trucks and third, concerns about hauling waste through Evanston's streets. She said none of these reasons are credible or substantiated by any documented evidence, but rather appear to be excuses to delay closing the incinerator beyond a reasonable timeframe. She stated they should be rejected as false and the hospital should be pressed to close the incinerator by the first day of school, Monday, August 30. The primary concern should be the health and safety of residents and finding ways to quickly minimize their exposure to the dangerous pollutants being emitted daily from this hospital's medical waste incinerator. Cost effective, less polluting alternatives to incineration are available and used by most hospitals in Chicagoland and the nation. On -site incineration of medical waste in a densely populated urban area is a discredited method of dealing with medical waste. She suggested City Council prohibit this practice as soon as possible. Evanston Hospital's incinerator burns medical waste and natural gas and has a waste to heat function. This means burning medical waste can provide part of the steam to heat the hospital and thereby reduce the hospital's energy cost. The hospital claims that the incinerator provides 15% of the heating and that they cannot close the incinerator until they have installed a new boiler to replace the energy generated by it. Hospital officials claim they are required to have double capacity in the boilers in case of an emergency but offer no evidence to July 12, 2004 substantiate this claim. It is important to note that the incinerator could operate on natural gas alone without burning medical waste and, if necessary, use natural gas to contribute to the boilers. No medical waste needs to be burned to ran that boiler. The other argument the hospital uses is the danger of hauling medical waste through the streets of Evanston. Currently, residents near their subsidiary hospitals, Highland Park and Glenbrook, don't have a problem with medical waste being hauled. She stated that Evanston Hospital already hauls medical waste through Evanston streets every two months when it is closed down for maintenance and also relies on the other boilers without issue. Jovice Elias, 1210 Sherman Ave., 20-year resident, said the hot issues before residents are the incinerator at Evanston/Northwestern Hospital in north Evanston and the possibility of a marina in south Evanston. Both are environmental issues that impact residents and people in surrounding communities. Pollution knows no boundaries. She stated it was time to use citizens' intelligence and creative thinking in a respectful way. Incinerators like the one at Evanston Hospital have been shut down throughout the country due to pollution and health risks and were shut down in a matter of weeks when they were deemed unsafe. She asked Council, and any other powers, for an immediate shut down of this incinerator. She stated there are environmentally correct ways to dispose of this waste and Evanston Hospital's responsibility is to take care of that. The issue of a marina in south Evanston comes up every so often with the claim that it would be a financial boon to the community. She cited the Army Corps of Engineers study that estimated a cost of $20 million to build one with 300 boat slips. She said the numbers are not there to put in a marina. According to the Corps survey a large number of residents oppose the marina and one big reason is the environment. Evanston's lakefront is a treasure. She goes there often and it remains a place people can go for quiet and beauty. She asked the Council to stop spending more time on the marina as they have the power to make healthy choices for all. She urged them to be trendsetters, good neighbors and was sure people in Evanston and surrounding communities would be grateful. Mary McWilliams, 1606 Wesley Ave., commented that Alderman Newman has said more architects should sit on the Preservation Commission. She stated following his recommendation would be a grave disservice to the preservation efforts in Evanston as well as contradictory to the terms of the Preservation Ordinance. Architecture is not, has never been, nor will be the sole criterion or driving force of historic preservation. History is. Architecture is an obvious way of identifying bits of history and the quality of an architectural design may be sufficient to designate a property without any reference to history. Local preservationists have, however, all too often succumbed to the "quick fix" that architecture offers in the designation process and ignored the more ephemeral historical details. The Evanston Preservation Ordinance states that "every nominated landmark or District must meet one or more of the... specified criteria for designation." Identification as an important historic site is the first criterion in the ordinance. History is the common denominator in the remaining eight criteria. It is critical that people appointed to the Preservation Commission represent a number of points of view. Architects are valuable members to the commission but so are historians, landscape professionals, archaeologists, preservationists and interested citizens. Each brings a different sensibility to the table. She urged Council to approve the appointments of Ann Dienner and Emily Guthrie. She commented on John McCarron's article in the Sunday July 11 issue of the Chicago Tribune magazine. She likes the vitality and increased activity now evident in downtown Evanston but she worries that Evanston has paid a high price to achieve this new level of activity. As a preservationist she was aware of how much Evanston's historic buildings contribute to the city's ambiance; that Evanston is a living, evolving community that must be willing to address changing conditions if the City is to thrive and the critical importance of thoughtful and careful planning in the implementation of change. One of the special qualities of Evanston is the variety of architectural styles and high quality of design. Early architects clearly saw existing examples of excellent design as inspiration to create more well -designed buildings. As a result, Evanston has a wonderful m6lange of architectural styles. Yet, as she looks at the banal, boring, oversized buildings that now fill downtown Evanston she wondered what happened. Evanston has been overrun with cheap building materials like Dryvit and acres of glass and concrete. It seemed to her than any building that relies on brightly colored or oversized ornaments to provide "oomph" is sorely lacking in good design. She senses a major lapse in long-range thinking and planning in the drive to relieve the City's property tax burden. Evanston has an excellent Comprehensive General Plan and a good Zoning Ordinance to guide development. The new development downtown and elsewhere makes her wonder if these documents were consulted at all. She regarded the new development as a monument to shortsightedness and outsized ambition. Barbara Gardner, 1015 Dobson St., former chair of the Preservation Commission, responded to two comments made at the last Council meeting. She noted the Preservation Commission consists of one contractor, five architects, one graphic July 12, 2004 artist and two Chicago Architecture Foundation docents. Realtors are needed on the board; people who can explain to those who come before the commission why "doing it right" will pay off at re -sale time. Landscape architects are also needed to protect the trees and bushes on a property. Most of all, architectural historians are needed who can talk about where architecture has had its place. She thought there are enough architects on the commission now. She encouraged Council to vote in Mayor Morton's two appointments. She also responded to the accusation of preservation used as an "offensive weapon." She stated it is not and that preservation is a win -win situation. Chandler's was a good example. She noted there are many places around the U.S. that are turning old buildings, which are visual landmarks, into different things. It is a win -win because historic preservation brings with it significant incentives. There are federal and state tax credits, grants, tax -freezes for commercial property and, in many cases where housing is a component, there are affordable housing grants and tax credits. She asked them to consider a New Orleans firm called Historic Renovation, Inc., which has won many awards from the National Trust. This is a $700 million company and its mission is to develop technically innovative and aesthetically pleasing landmarks throughout the country. In New Orleans it turned an American Can biscuit factory, road mill, cotton mill, sugar warehouse, department store warehouse into housing. In St. Louis it turned the merchandize mart into housing. It made a department store from Humble Oil Co., in Houston; Briggs Pump in Omaha and St. Mary's Mart have been turned into hotels. Senior housing has been put into old school buildings, convents, hospitals and an auditorium. She would be happy to pass on contact information and websites of what has been done. Landmarking significant buildings in Evanston helps everyone: developers, because they get tax incentives; sellers, because it makes property more valuable and the community, because it keeps the visual character yet allows for change. Del Lennke, 2601 Park Pl., Energy Commission chair, spoke on extension of the franchise with ComEd. He and Rudy Wolfson, vice chair, represented the commission on the Electric Franchise Negotiating Team. Their representation on the team has benefited by discussions within the full commission at their regular monthly meetings starting in October 2003. From those discussions and diligent efforts of the Franchise Subcommittee, the commission assembled a list of franchise objectives that were prioritized and made available to the negotiating team as activities began in early May 2004. The full commission has been fully informed as to the ongoing negotiations and asked him to convey its support of the proposed extension and letter of agreement. The commission recommends adoption by City Council. He reported the commission feels the pattern of extending the franchise by short term extensions with an accompanying letter mandating specific projects is the best approach for the City until the Illinois industry has gotten through the transition that was established by the de -regulation law. The transition phase will be completed in 2006, so this proposed extension through 2007 will get the City to a point in time when industry conditions should be favorable for a longer -term franchise. They believe the pattern of short-term extensions with accompanying set of specific projects, implemented since 1999 has produced favorable results. Electrical outages have decreased from an average of 2.2 per year per average customer in 1998 to less than one outage per year. The number for 2003 is .67. Significant progress has been made in reducing the number of outages. The average length of an outage has decreased from 270 minutes in 1998 to less than 100 minutes. For 2003 that was 85 minutes. By agreeing on a specific list of projects to be accomplished during each short-term extension and receiving regular reports from Com Ed on the status of each project they have established a good relationship with the Corn Ed organization. In 1999 at the outset of these extensions the specific projects were mostly focused on fixing ongoing problems. More recently the focus in the technical review group, meeting regularly with ComEd has begun to deal with preventative actions, rather than urgent fix -ups. Mike Radewicz, ComEd External Affairs Manager, is the primary liaison between the City and ComEd; was pleased to work in partnership with the Energy Commission and staff to provide a number of initiatives that have reduced outages and improved reliability within the city. He too asked Council to pass the extension of the franchise for three years. He recalled they started five years ago looking at a host of problems within Evanston. Today while they look at specific issues as they arise, more time is spent looking at corrective ways to reduce future outages and their duration. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: Ordinance 75-0-04 — Special Use — Type Two Restaurant (1813 Dempster); Ordinance 65-0-04 — Zoning Planned Development — 801 Chicago/525 Kedzie; Ordinance 77-0-04 — Electric Franchise Three-year Extension and Appointment Confirmation to Compensation Committee and to Preservation Commission. Seconded by Alderman Moran. Roll call. Voting aye — Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean -Baptiste, Wynne. Voting nay — none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA July 12, 2004 MINUTES: * Approval of Minutes of the Regular City Council Meeting of June 28, 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 July 1, 2004 and City of Evanston bills for the period ending July 13, 2004 authorized and charged to the proper accounts: City of Evanston payroll (through 7/01/04) $2,250,915.96 City of Evanston bills (through 7/13/04) $1,083,114.48 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Hi -Liter Graphics, LLC, for Parks/Forestry & Recreation Magazine at a cost of $55,000. (Funding in Parks/Forestry & Recreation budget.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from DME Access, Inc., for wheelchair lifts for the Fleetwood- Jourdain Community Center and Noyes Cultural Arts Center at a cost of $20,800. (Funded in the CIP Fund budget.) APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from ProLiance Energy for bulk natural gas service at a cost of $409,200. (Funded in departmental budgets.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Schroeder & Schroeder, Inc., for 2004 Sidewalk Replacement and 2004 Accessible Curb Ramp Program at a cost of $159,334.05. (Funded in the GO Bond and CDBG funds.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of Change Order #1 for Elcast, Inc. for citywide streetlight replacement project. Increase of $26,655 to original contract of $127,650 and an amended contract price of $154,305. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 68-0-04 — Special Assessment #1476: Allev Pavine — Home Depot Area — Consideration of proposed Ordinance 68-0-04, introduced June 28, 2004, which authorizes the paving of eight alleys in the Home Depot area through the Special Assessment process. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 71-0-04 — Declaring Citv Property as Surplus — Consideration of proposed Ordinance 71-0-04, introduced June 28, 2004, which declares several vehicles and other equipment as surplus property so it may be sold at auction on August 14, 2004. * ADOPTED CONSENT AGENDA & ROLL CALL (9-0) * Ordinance 72-0-04 — Decrease in Class D Liauor Licenses — Consideration of proposed Ordinance 72-0-04, introduced June 28, 2004, which would decrease Class D Liquor Licenses from 26 to 25 with the closing of Young Daruma, Inc., dba Daruma Japanese Restaurant, 2901 Central St. * ADOPTED CONSENT AGENDA & ROLL CALL (9-0) * Ordinance 69-0-04 — Loadine Zone at 1615 Emerson - Consideration of proposed Ordinance 69-0- 04, introduced June 28, 2004, which amends Section 10-11-7, Schedule VII(B) of the City Code to July 12, 2004 establish a loading zone at 1615 Emerson. * ADOPTED CONSENT AGENDA & ROLL CALL (9-0) * Ordinance 78-0-04 — Increase in Class B 1Liauor Licenses — Consideration of proposed Ordinance 78-0-04, which amends Section 3-5-6(B1) to increase the number of Class B1 licenses by one from 6 to 7 for Bar Louie, 1520 Sherman Ave. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 79-0-04 — Decrease in Class B Liquor Licenses — Consideration of proposed Ordinance 79-0-04, which amends Section 3-5-6(B) to decrease the number of Class B liquor licenses by one from 12 to 11 for Bar Louie, 1520 Sherman Ave. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 80-0-04 — Increase in Class N Liauor Licenses — Consideration of proposed Ordinance 80-0-04, which amends Section 3-5-6(N) to increase the number of Class N licenses by one from 3 to 4 for Dominick's Finer Foods, 2748 Green Bay Rd. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 81-0-04 — Decrease in Class O Liauor Licenses — Consideration of proposed Ordinance 81-0-04, which amends Section 3-5-6 (0) to decrease the number of Class 0 liquor licenses by one from 4 to 3 for Dominick's Finer Foods, 2748 Green Bay Rd. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 82-0-04 — Increase in Class N Liquor Licenses — Consideration of proposed Ordinance 82-0-04, which amends Section 3-5-6(N) to increase the number of Class N licenses by one from 4 to 5 for Dominick's Finer Foods, 1910 Dempster St. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 83-0-04 — Decrease in Class O Liquor Licenses — Consideration of proposed Ordinance 83-0-04, which amends Section 3-5-6 (0) to decrease the number of Class 0 licenses by one from 3 to 2 for Dominick's Finer Foods, 1910 Dempster St. * MARKED INTRODUCED — CONSENT AGENDA PLANNING & DEVELOPMENT: * Ordinance 67-0-04 — Variation for 1500 Darrow (Number of Parking Spaces) — Consideration of proposed Ordinance 67-0-04, introduced June 28, 2004which approves the ZBA recommendation to grant a variance reducing the required number of parking spaces from five to zero at 1500 Darrow Ave. * ADOPTED CONSENT AGENDA & ROLL CALL (9-0) * APPOINTMENTS: Mayor Morton asked for introduction of the following appointments: Stephen B. Engelman Emily W. Guthrie Una Malkinson Carol Mullins Betty Payne Hollis Settles Jack Weiss Compensation Committee Compensation Committee Compensation Committee Compensation Committee Compensation Committee Compensation Committee Compensation Committee * APPROVED — CONSENT AGENDA REPORT OF THE STANDING COMMITTEES July 12, 2004 PLANNING & DEVELOPMENT: Ordinance 75-0-04 — Special Use — Tvne Two Restaurant (1813 Dempster) — Consideration of proposed Ordinance 75-0-04, which approves a recommendation of the Zoning Board of Appeals to grant a special use for a "coffee house" (Pick A Cup) at 1813 Dempster St. Alderman Kent asked that this item be marked introduced and referred back to the P&D committee. Ordinance 65-0-04 — Zoning Planned Development: 801 Chica2o/525 Kedzie — Consideration of proposed Ordinance 65-0-04, which approves the findings and report of the Plan Commission regarding granting a Planned Development at 801 Chicago/525 Kedzie. Alderman Kent reported that this item was held in committee. Alderman Kent announced that a Special Planning & Development Committee meeting was scheduled for Thursday, July 29, 6:00 p.m. in the Council Chamber. The agenda for discussion of The Georgian will start with Preservation Commission allotted 15 minutes and opponents 15 minutes; 20 minutes allotted to each side to deal with adaptive -reuse possibilities of this facility followed by a 30 minute format of those for and against landmark status for The Georgian. Then 30 minutes will be allotted for individual comment. After that the committee will have a discussion and make a decision. Alderman Wynne will chair that meeting. HUMAN SERVICES: Alderman Bernstein announced that the next meeting of the Human Services Committee was scheduled for Monday, August 2, 7:00 p.m. and the primary issue will be discussion of the incinerator issue at Evanston/Northwestern Hospital. OTHER COMMITTEES: Ordinance 77-0-04 — Electric Franchise Ordinance Three-vear Extension — Consideration of proposed Ordinance 77-0-04, which grants a three-year extension of the Electric Franchise Ordinance to ComEd until July 14, 2007. Alderman Moran asked that this item be marked introduced. Alderman Moran thanked the Energy Commission, particularly Del Leppke, Rudy Wolfson, Dennis Marino, Mike Radewicz, Joe Trexler and Dan Kovalesky, plus Aldermen Rainey and Bernstein who served on the Negotiating Team. He recalled five years ago the City was confronted with possibly having to sign a 40-year model franchise agreement that ComEd was using to sign up numerous communities. Evanston decided to avoid that type of agreement because they were convinced de -regulation was on its way in Illinois regarding electrical power distribution and delivery. In fact, as they heard from Mr. Leppke, the kick -in for Illinois de -regulation will occur in two years. They asked to extend the franchise for three years, which would take them to a time when de -regulation will come to fruition and give the City the opportunity to examine its relationship with ComEd and determine how to proceed. Since 1999 the City has gone from a crisis situation where reliability issues were predominant. He said they have established a good relationship with ComEd, which has gone through a sea change with their management. Outage numbers have been reduced significantly as well as duration. That came about because five years ago when the City signed a franchise extension, a schedule of activities that involved replacement of equipment, regular inspections, installations and continuing dialogue between the technical review group, who worked for the City's benefit with ComEd on a quarterly basis, led to great results. They have entered a period where he looks upon their relationship with ComEd as one of trust, moving to a pro -active position where they share important information and gives them better ability to communicate and ensure reliable delivery of electrical power. As chair of the Negotiating Team, he recommended approval of the franchise's three-year extension. Alderman Moran moved to Suspend the Rules to adopt Ordinance 77-0-04 at the meeting at which it was introduced. Seconded by Alderman Rainey. Roll call. Voting aye — Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, July 12, 2004 Jean -Baptiste, Wynne. Voting nay — none. Motion carried (9-0). Alderman Moran moved approval. Seconded by Alderman Rainey. Alderman Feldman commented this was remarkable. Those who were present when the City had to decide whether they would sign a standard cookie -cutter agreement that many other communities signed recalled much agonizing and anger. So it was remarkable that they have experienced a sea change in this relationship that was not anticipated. They wanted time to figure out what they could do to deal with this giant corporation. They did not anticipate cooperation and a sincere effort to try and meet the needs of the community. He was delighted to support the extension and thanked members of the negotiating team and ComEd. Roll call. Voting aye — Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean -Baptiste, Wynne. Voting nay — none. Motion carried (9-0). APPOINTMENTS Stephen B. Engelman Emily W. Guthrie Una Malkinson Carol Mullins Betty Payne Hollis Settles Jack Weiss Compensation Committee Compensation Committee Compensation Committee Compensation Committee Compensation Committee Compensation Committee Compensation Committee Alderman Feldman moved to Suspend the Rules in order to confirm these appointments at the meeting at which they were introduced. Seconded by Alderman Rainey. Roll call. Voting aye — Bernstein, Kent, Moran, Tisdahl, Rainey, Jean -Baptiste, Wynne. Voting nay — Feldman, Newman. Motion carried (7-2). Mayor Morton stated the Council established a Blue Ribbon Committee for Compensation in 1989. Every member was placed there at the request of the Mayor and each name was submitted by an elected official. Not all elected officials submitted a name to serve on this committee. A statement was made at the last meeting that the Compensation Committee was needless; that before it was established Council should have been consulted (assuming to mean whether the City should have a Compensation Committee). It was stated this committee was a disservice to the people and would not affect what Council does; that people were very opinionated on this issue (meaning not clear as to whom) and further stated that the Compensation Committee was a waste of time. Mayor Morton read the charge of the Compensation Committee prepared by First Assistant Corporation Counsel Herb Hill, "The authority of the Compensation Committee is found in Section 1-5-9b, 1-6-10b, and 1-7-5b in the Evanston City Code. The committee is empowered and authorized to review the compensation structure for aldermen, mayor and city clerk. The committee must submit its recommendations to the City Council no later than 240 days before the next municipal election. The City Council pursuant to Illinois Compiled Statutes is to determine the salaries of all municipal officers at least 180 days before the beginning of the terms of the officers whose compensation is to be fixed. The function of the Compensation Committee is to provide a report and recommendation to the City Council in order to assist the City Council in its actions pursuant to state statute." She noted if this guideline is not adhered to, unless some special consideration is taken in the future, they may not be able to meet these deadlines, which City Council had approved. Alderman Feldman moved to confirm the appointments to the Compensation Committee. Seconded by Alderman Rainey. Voice Vote. Motion carried. Alderman Feldman moved that the following appointments to the Preservation Commission be confirmed. Seconded by Alderman Rainey. 10 Ann C. Dienner 1034 Sheridan Rd. For term ending July 15, 2007 Emily W. Guthrie 730 Judson Ave. For term ending July 15, 2007 July 12, 2004 Mayor Morton reminded Council that she has asked that if any alderman has any objection about an appointment name, to contact her before the nomination comes before Council. She does not want any citizen's name dragged before this Council when that citizen has written an application for a position on a board, committee or commission, found qualified, and then have that person discussed in a public forum. She gave the qualifications of those currently on the Preservation Commission: preservation specialist/architect, attorney who lives in a landmark home and contractor for rehabbing historic structures, former alderman who has rehabbed three historic structures, member of the Evanston Historical Society, lawyer who lives in 100-year old home and chair of the Arbiters for the Circuit Court of Cook County, architect who works mostly with older structures, architect who designs additions to homes in historic districts, docent/member of the Chicago Architectural Foundation and member of the National Trust for Historic Preservation, architectural interior photographer and graphic artist who lives in a historic home, member whose construction firm focuses on historic preservation projects, consultant in the restoration of historic structures and a Chicago Architectural Foundation docent with a lifelong interest in historic preservation. Mayor Morton said historic preservation's purpose is to promote the educational, cultural, economic and general welfare of the City by (A) identifying, preserving, protecting, enhancing and encouraging the continued utilization and the rehabilitation of such areas, properties, structures, sites and objects having a special historical, community, architectural or aesthetic interest or value to the City and its citizens; (B) safeguarding the City's historic and cultural heritage ... (C) fostering civic pride in the beauty and noble accomplishments of the past as represented in such landmarks and districts; (D) protecting and enhancing the attractiveness of the City to homeowners, home buyers, tourists, visitors, businesses and shoppers ...(E) fostering and encouraging preservation, restoration and rehabilitation of areas, properties, structures, sites and objects ... (F) fostering the education, pleasure and welfare of the people of Evanston ... (G) encouraging orderly and efficient development that recognizes the special values to the City of the protection of areas, properties, structures ...(H) continuing the preparation of surveys and studies of Evanston's historical and architectural resources and maintaining and updating register of areas, properties, structures, sites and objects that may be worthy of landmark designation; (I) encouraging public participation in identifying, preserving historical and architectural resources through public hearings on proposed designations, work applications, and economic hardship and special -merit applications. Mayor Morton stated any person who wishes to volunteer to serve on a board, committee or commission or any alderman who wishes to submit a name, is to ask that person to call the Mayor and an application will be sent. When the Mayor receives the application, the applicant is called and any questions are answered. If the person meets the qualifications, the application from the citizen who is volunteering is sent to each aldermen and asked if there is any problem, that the Mayor be informed. Alderman Newman said the process of appointing a volunteer to a City commission, board or committee is shared between the Mayor, who appoints, and the Council, who has the right of advice and consent. Aldermen have the right to express their view as to whether a person submitted for a position is qualified. He found nothing wrong with a Council member wanting to have the Council exercise its role on every nomination and there was nothing to be angry about. He pointed out there is nothing in the Council rules about Thursday night notification. That is unwritten and something aldermen have been asked to do. He spoke to another Council member who was unsuccessful in contacting the Mayor about these nominations. Alderman Newman has served on the Planning & Development Committee for the eight years the Preservation Ordinance has been in effect. He voted for it and was aware of what the Preservation Commission does. In this case, three appointments came and he thought that one of the three should have been an architect. The entire I' Ward is a preservation district. Every single-family homeowner lives in a historic district there. Because there are two 11 July 12, 2004 large historic districts, little of the commission's work is on designations, where historians are needed, but what they do mostly is advise property owners who want to make a change to their house. These additions cost $20,000-$40,000 or more. Because they are in a historic district, the property owner cannot get a building permit unless they go to the Preservation Commission and it decides whether the work the homeowner wants done is consistent with what was meant to be preserved in the district. He said the process works best when the homeowner can go to the commission and receive the points of view of various architects on what they are trying to change about their house. In many cases they are presented with alternatives and different ways to do things and without architectural expertise they cannot do that. Another case before them that is being seriously contested is The Georgian. The issue is whether that building can be re -adapted to a use -- is critical to the ultimate decision to designate it a landmark. Who better than an architect that understands the building systems and millions of dollars that are involved in this case? The commission deals with a lot of money that affects the property interests of residents. He did not think a serious effort had been made to find architects to serve. With one telephone call he got a list of ten architects and two architects willing to serve. His view is that an effort should have been made. He said one person nominated is a political person and the other has some experience in preservation. A person appointed at the last meeting was an attorney not an architect. He has served with many attorneys on the Planning & Development Committee and has not found them very useful in making land use decisions, but land use professionals are extremely valuable. He stated this should not be taken as a personal offense because there is no rule that every appointment by the Mayor is approved. In a free society that can never exist with advice and consent. He stated this will not change even if these people are put on the commission. He predicted that all will share in the problems created by this commission in the future. He wants preservation to make it in Evanston but does not want it to go to the extreme, which was his fear. He was not saying the people who want to serve were not fine people who want to do something for the community. One attends many committee meetings but that does not make that person helpful to 15t Ward residents. He wants to make the Preservation Commission a practical, helpful body and constructive with property owners. Without sensitive professional people on this commission, it will not be successful in the long run. He did not think these two appointments promote that. There are other places for these people to serve. He alleged people in the lst, 3rd and 4th wards would be stuck. He stated he has the right to challenge any appointment. Anybody who applies understands that they are subject to the advice and consent of Council and a possibility that their qualifications will be debated. If they are not ready for that, perhaps, they should not apply. It is similar to going into elective office and knowing what the ramifications are. People know their actions will be viewed critically by the public. He thought these last three appointments did not improve the commission but go in the wrong direction and thought he had done that in a way that was fitting on a legislative body. He said one of these persons thinks that he does not belong here, which is their right. One of the things that is best about Evanston is that all live among many different people with different points of view and he does not have to agree with the Mayor on the process. He said in this case, they could have had one of these three appointments be an architect and they failed. He was making that an issue. The Mayor has a different view and he respected that. Mayor Morton said if Alderman Newman had names five or six months ago, the commission would have been happy to have those names submitted to the Mayor. At that time the commission crisis was the inability to get a quorum. She said someone told these people that there were vacancies on the Preservation Commission and they applied. She was not aware that Alderman Newman had people who could serve and it would have been a great service to have them apply, which they could still do. She said these were her appointments and when she went through the application and, knowing what the law requires, these people are qualified to serve. Mayor Morton stated she is not a preservationist, but Mary McWilliams is and is tops in the State of Illinois. According to her, these people are qualified. She did not know why one applicant was being considered a political person. The most disheartening aspect was that the Mayor was not aware before these came to the Council for consideration that there was any concern. It is the Council's privilege to disagree with an appointment but she expects to know that before it is public. Regardless of how it was being stated, he was saying that two people are not qualified to be on this commission and she did not agree. Alderman Newman said he would have appreciated, as a Planning & Development Committee member, notification that there were vacancies on the Preservation Commission. He discovered these appointments on the day before the Council meeting. He respects Mary McWilliams as a preservationist and a sponsor of the Northeast Historic District. Alderman Moran moved approval. Seconded by Alderman Wynne. 12 Voice Vote. Motion carried. no nays. July 12, 2004 CALL OF THE WARDS: 4th Ward. Alderman Bernstein thanked Del Leppke and Rudy Wolfson for their efforts on behalf of the City in negotiating with ComEd, noting in the past five years the openness in this process has changed remarkably. He also thanked the 4th of July Association for another wonderful celebration that is unique to Evanston. He said this is a selfless group who do well by the city every year. He offered condolences to the Whitney family -- Eleanor, Ryan and Scott on the passing of Ken Whitney. He was a 4th Ward resident and former president of the District 65 school board. He will be missed. Mayor Morton noted Ken Whitney also had served on the CDBG Committee. 51hWard. Alderman Kent also offered condolences to the Whitney family. He made a reference to the Traffic Engineering De_nartment to install s_need hum_ns on the 1700-1800 blocks of Hovland Court before the school vear begins. He noted an article in the Roundtable June 30 issue stated he was a member of the Evanston Community Development Corporation (ECDC), which came before the City's Economic Development Committee asking to establish a TIF district. Several months ago he e-mailed Diane Lupke, Ron Kysiak's wife, who had been forwarding minutes and asked to remove his name from the group. Delores Holmes, ECDC chair, asked him to stay on and be as active as he could and he agreed. He said the article serves up confusion in the 5th Ward. If there will be a TIF there, residents must benefit. There must be a lot of discussion about it and more information because this group will be held accountable for what they say they are there to develop. He knew that Alderman Jean -Baptiste is a board member, attends meetings and has been more active than he has in ECDC. He has a problem with time and being present at 4-4:30 p.m.; has been to 1-'/2 meetings and not voted on anything. His goal was to make sure that this TIF was ready and hoped it was not ready because he has serious disagreements. His goal was to look at this as 5th Ward alderman and make sure if it happens, residents benefit and are not developed around nor cut out of development. There are few small business districts left here. He said that some look at Church/Dodge and say that something needs to happen immediately. Things are happening there now. He suggested the Economic Development Committee not be in a rush. When he looks at how the properties were purchased and the way businesses were shutdown, it seemed to him it was planned to look that way. He speculated that when they talk about re -development in poorer areas, the way to do that is to let property sit and deteriorate. He believed there were people in this group who try to make things happen, which is why he has not opposed it. When the article came out, it gave him the impression that this was a done deal and everything was okay. He claimed that was not happening. He wished to respond to the minutes of the Economic Development Committee and does not need anybody to speak on his behalf. He was not at the meeting and felt his name was abused in that sense (he should have removed his name). It does not mean he is not interested in what the group does. He is serious about protecting his community. He thought ECDC was scheduled to come before the Economic Development Committee on July 28, which is wonderful. He thought many other things needed to be in place to guarantee that this small business district benefits local residents. If there is no room for the people who live there and who have struggled to get rid of crime, pay taxes and gone through all they have for 12-13 years, then there is no room for a TIF district. If they are going to do it they have to walk down the road together. He found the Chicago Tribune Sunday magazine piece a terrific article on Evanston. If they solve some problems they can realize the Evanston that was meant to be. He said in some cases such as this, "quick fix" development won't work. 6th Ward. Alderman Moran reported during the A&PW Committee that evening, a motion was made to have the Special Events Committee develop guidelines for parade seating at the next 4th of July parade. Many concerns were expressed about this year when chairs, etc., were put out three weeks or more before the 0 and about City crews who needed to work in the parkways and parks and were prevented from doing that. Aside from the timing issue, there seemed to be an aggressive approach to staking out large areas on the parkways to the exclusion of others who might have wanted to 13 July 12, 2004 put a chair down. Suggested future guidelines are that the City would adopt an approach that chairs/blankets could be put out no earlier than 6:00 a.m. July 1. The practice of staking out or use of twine would not be allowed. If people put out chairs and blankets prematurely or staked out areas, those objects would be removed. The committee expects to bring a written policy to the next meeting when it will take up the issue formally. He announced the Plan Commission would meet at 7:00 p.m. Wednesday on two significant issues — Zoning Ordinance provisions for B2 districts, which extends onto Central St. Two aspects have been problematic, one is the size of buildings that can be built in B2 districts and the requirement that re -developments be built to the lot line. Many people in the area believe some of these provisions have been counterproductive and led to developments that did not enhance the streetscape on Central and were, in fact, an assault on the streetscape. Proposed changes will address those issues. 7th Ward. Alderman Tisdahl asked Interim City Manager Judith Aiello to obtain an opinion from Corporation Counsel Jack Siegel as to the actual impact of an ordinance to close Evanston/Northwestern Hospital's incinerator immediately. She wanted to know the impact of such an ordinance on the timetable to close the incinerator. Mayor Morton asked the Health Department to provide information on any health residuals from the operation of the incinerator. 8th Ward. Alderman Rainey reminded all that the next evening Cook County Commissioner Larry Suffredin would host a seminar for all taxpayers at Chute School at 7:00 p.m. regarding the large assessment increases. It is the only meeting that Cook County Assessor Houlihan will attend. 91h Ward. No report. V Ward. Alderman Newman thanked all at the City and staff for the great 4th of July celebration. He thought it was a good day and could not think of any other street to have the parade other than Central St.; pointed out the Council determines what street to close. He called the Compensation Committee "the should elected officials get a raise committee." His answer was when most elected officials are getting health insurance, the cost has gone up 10-15% each of the past four years and they have a situation where they have $2-4 million shortfalls, it was an absurdity to think about increasing compensation of elected people and a waste of time. When they sit in union negotiations and try to explain how much the City is spending on health insurance, then to say elected officials need a raise was wrong. At this time he thought elected officials are compensated fairly with no need for an increase and not to consider whether elected officials should get an increase. He clarified how the Preservation Ordinance is being used now. No one in the community had any inkling of making The Georgian a landmark until the Mather announced that they had plans to change the building and tear it down. If the preservation people want to designate a property as a landmark, they should not wait until someone has spent many dollars consulting architects on redevelopment. Once they have consulted attorneys and architects, then somebody wants it to be a landmark. He thought the way the law was being used severely weakens the nominations before them. He noted that applications for the City Manager's job are due August 2 and progress is being made. He looked forward to working with the Council and community on that. 2°d Ward. Alderman Jean -Baptiste also expressed condolences to the Ken Whitney family and said his death was a significant loss because he stood for equity and justice. He commented there were good people serving on the Compensation Committee, which is a legitimate committee that can give them a perspective from a citizen's standpoint on how they feel about what elected officials do and whether the compensation received is adequate and make recommendations. He respected the time and work they put in and felt their work would be appreciated by the majority of the Council. He joined the Council when they operated with 9 rather than 18 aldermen. He imagined those who made that transition had to face greater responsibilities and understood part of the basis for reducing the Council from 18 to 9 was to save money. They need to reconsider what alderman and other elected officials are paid and approach it with no guilt because it takes some work to serve. He spoke about issues raised by Alderman Kent. He explained that people make history and that ECDC had been 14 July 12, 2004 meeting for about 18 months with open meetings and consistent communications. He felt a responsibility to be involved to impact the agenda and direction. When he cannot attend a meeting, he asks for a time change so that he can attend and participate. He does not want things to happen that impact the 2nd Ward and the City that excludes him if he has an opportunity to be involved and informed. He attends meetings, is involved, advocated for it, participated in incorporating it as an attorney and supports its mission. He participated in discussion of a strategic plan and debate of its mission and wants to make sure it is faithful to its mission, which is to build affordable housing in the area surrounding Church/Dodge in all directions. Its mission also is to try to take care of youth by facilitating job training and development, an issue he has discussed for some time. He felt ECDC has a noble cause. He noted if they are not engaged, then it would be easy at a later point to exercise the notion of plausible deniability and step back and say, "I was not involved and didn't know anything. I am not responsible. It is moving too fast." He stated they must stay engaged. Communication is important and they need to talk, share, debate, fight and move the process forward. He said the process needs Alderman Kent because of his perspective of wanting to protect the interest of those in the community who need affordable housing and jobs. If the meetings are inconvenient for him they need to be made convenient. If those participating do not reflect Alderman Kent's views, then bring others to the table that do. If the agenda items are not appropriate, bring items that make sense. Church/Dodge has been one of ten thrusts that Council said it wanted to address. He recalled a strategic planning meeting where a consultant was brought in to help them iron our their views and narrow them. At that time Church/Dodge was identified as an major area that the City wanted to re -develop. He urged them to harness the City's resources and see if they can make Church/Dodge and its surrounding area the best that it can be for those who live there. Mayor Morton thanked Council for confirming appointments to the Compensation Committee and Preservation Commission. She will send the Compensation Committee report as soon as she receives it; noted there were elected officials who worked for eight years without any increase in compensation and that this Council will set the compensation for elected officials who will serve in the next term. She attended Ken Whitney's funeral and expressed gratitude for his community work. 3'd Ward. No report. There being no further business to come before Council, Mayor Morton asked for a motion to adjourn. The Council so moved and the meeting was adjourned at 11:05 p.m. Mary P. Morris, 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.