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HomeMy WebLinkAbout12_13_04_ccCITY COUNCIL ROLL CALL - PRESENT: A Quorum was present. NOT PRESENT AT ROLL CALL: ABSENT: PRESIDING: Alderman Bernstein Alderman Moran December 13, 2004 Alderman Tisdahl Alderman Feldman Alderman Newman Aldermen Rainey, Jean -Baptiste, Wynne Alderman Kent Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, December 13, 2004, at 5:36 p.m. in the Aldermanic Library. Alderman Bernstein 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), (5), (6), (11) and (21). Seconded by Alderman Moran. (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. (6) The setting of a price for sale or lease of property owned by the public body (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, Feldman, Newman. Voting nay — none. Motion carried (5-0). At 7:28 p.m. Alderman Bernstein moved that the Council reconvene into open session and recess. Seconded by Alderman Moran. Motion carried unanimouslv. Mayor Morton reconvened the City Council meeting at 9:24 p.m. in the Council Chamber. Alderman Newman was not present at this meeting. ANNOUNCEMENTS: Parks/Forestry & Recreation Director Doug Gaynor announced that starting January 3, 2005, residents may place Christmas trees on the parkway on their trash/recycling pick up day, remove all decorations, do not bag trees in plastic. Public Works Director David Jennings reported that the yard waste collection and drop offs have ended. He announced the snow brochure is page 10 of Highlights, and on the City's website. The four snow rules are: 1. Don't park on snow routes at night. 2. During a snow emergency, park on the proper side of residential streets during the day. 3. Clear sidewalks of snow and ice. 4. Clear parking lots for which you are responsible without pushing snow into adjacent streets, alleys or sidewalks. December 13, 2004 He announced that for the first time the City will use a snow melter in downtown Evanston that can melt up to 40 tons of snow an hour with the runoff going into the storm sewer. Interim City Manager Judith Aiello announced that the Civic Center would be closed Fridays, December 24 and 31, and Saturdays December 25 and January 1, 2005 due to the Christmas and New Year holidays. COMMUNICATIONS: None Public Hearing: 2004 Property Tax Levy for the City and Township Finance Director Bill Stafford reported this hearing was for the 2004 property tax levy collected in 2005 for property taxes for the City's General Fund, Police Pension Fund, Fire Pension Fund, Evanston Township's General Assistance Fund and Town Fund. In addition, Resolution 82-R-04 is a technical correction, which was introduced at the A&PW Committee that evening. A public notice of these proposed tax levies was published in the December 2, 2004 Evanston Review. The property tax numbers are the same as passed in the City's FY2004 budget except for the Fire Pension Fund. As was reported at the six month financial review in September, the proposed Fire Pension levy was changed due to passage of House Bill 599 which increased the number of fire pension benefits, the largest of which was a 100% increase in the widow's and survivor's benefits of firefighters. New benefits began being paid July 1, 2004, and at the same time firefighter's payroll deductions were increased by 1%. Because this was a mid -year change, staff believes that the increase in this levy by an appropriate amount is prudent. That was included in the public notice. The Township Levy for the General Assistance and Town Funds are done in accordance with their FY2004 approved budget. There was no testimony and Mayor Morton closed the public hearing. CITIZEN COMMENT: David Ellis, 1319 Grant St., expressed outrage over Northwestern University's removal of 1800 Sherman from the tax rolls and property in the Research Park by Evanston/Northwestern Hospital this past June. He saw the hubris displayed by NU at a new level. The sale of 1800 Sherman to NU was being done while the City was settling a lawsuit the University filed against the City in which it assured the City they would talk prior to taking action on any issue that would have a future impact on the City. That is obviously not true. The lawsuit was a diversion to take the 10th largest source of taxable income to the City, District 65 and District 202 off the tax rolls. Both school districts should be outraged by how this impacts their budgets. Northwestern University agreed with the City that no property in the Research Park should be taken off the tax rolls, yet this has happened twice in the past six months with Northwestern Health Care taking about $400,000 in property tax and over $1 million with the 1800 Sherman building, which was the anchor in the Research Park TIF. Now taxpayers will have to absorb this portion of the TIF bonds generated by that building. City services will continue to be provided to this high rise building for free. None of the future tax benefits will be realized which was why the City created this TIF district and subsidized it to begin with. The school districts will also suffer a negative financial impact. Future leasehold taxes promoted by NU as a great benefit to the City have been exposed for what they are — an illusion. Removal of 1800 Sherman from the tax rolls will have a direct impact on the City's budget and services and impact the prices of houses and increase property taxes. History has shown that every time the City has engaged with NU over the past 20 years, the City lost ground on every issue. NU promises to pay $2 million over the next three years as long as the City behaves, another example of the plantation philosophy NU has. If it decides not to pay the money as promised, it is tough luck for the City. It is Council's responsibility to protect citizens' financial interest and to provide the best City services Evanston can afford. They can either negotiate a "Fair Share" agreement with NU or make legislation to protect taxpayers. Removal of 1800 Sherman from the tax rolls was not done in good faith and was done with malice, which damages the community. He asked that legislation be passed to put this property back on the tax rolls and that no TIF property be sold to a tax-exempt institution. The Council speaks for Evanston citizens and cannot be intimidated by potential lawsuits or threats. He urged action to protect the community. Dick Stillerman, 2330 Park Pl., addressed NU's purchase of 1800 Sherman and its declared intention to remove this property from the tax rolls, which now yields about $1 million annually in property taxes that are needed to pay for municipal services and the school districts to provide the best educational system for children. He noted that NU has the right to purchase property any place in Evanston but opined NU does not have the right to remove this property from December 13, 2004 the tax rolls. Council, as their elected representatives, must protect citizens from suffering this permanent loss of a million dollars in property taxes. Residents will have to makeup the shortfall. He explained that the City and NU entered into an agreement in early 1986 to develop the Research Park. The primary reasons for the development were to enhance the tax base and to create jobs. The agreement provided that the park would be developed as part of a TIF district that the City created to energize the dilapidated area that produced little tax revenue for the City and schools. The 1800 Sherman building was specifically included in the TIF district because the City needed tax revenue from the property to help pay for the bonds that financed property acquisition and infrastructure improvements. The TIF runs until 2008; 1800 Sherman is a vital part of it and the development of the Research Park. The agreement between NU and the City is still in effect. If NU removes 1800 Sherman from the tax rolls, they would breach that agreement by undercutting the rationale, which is generation of more taxes for the City and schools. Not only is NU's resolve to remove the property from the tax rolls in violation of its agreement with the City, but also in violation of the public policy underlying the creation of TIF districts, which is the conversion of fallow land and low tax producing uses to new construction and higher tax generating uses. He said the City and the public schools will suffer irreparable damage for years by loss of property tax dollars from the 1800 Sherman building. The City and NU represented that the 1800 building would remain on the tax rolls and induced to support the TIF on the basis that there would be tax revenues from this and other buildings in the Research Park. What can the City and school districts do? The City, with the school districts joining the action, could sue NU for breach of the Statement of Understanding that incorporates the TIF district in statute and for an injunction halting NU from proceeding with its plan to remove this property from the tax rolls. An alternative, the City and school districts can and should oppose NU's petition for removal of the property from the tax rolls. The City must not accept NU's decision to remove this property from the tax rolls and must act decisively to prevent this from occurring. The offer to pay a three-year stipend to the City and school districts to stand still is an insult to our intelligence. NU's projection that the property will yield $600,000 annually in leasehold taxes is pure fiction. The reality is that few tenants pay the leasehold taxes and Cook County does not enforce the tax. Little money should be anticipated from the leasehold tax. He implored them to take action because the tax base is crucial to services to citizens. Mimi Peterson. 748 Wesley Ave., in light of NU's purchase of commercial property, urged Council members and candidates for office to join her in demanding that "impact" negotiations with NU begin immediately to address the long- term impact of the recent "gift" to the City. She stated Council has the responsibility and legislative power to assure that the City's finances are protected and the interest of taxpayers is represented. At the last meeting a Council member called the purchase of 1800 Sherman by NU a sad day for Evanston and suggested a candle be lighted for the University. People know that the expected leasehold tax to be generated has been exaggerated and that no entity has been held accountable to solve this. It is inexcusable that leasehold taxes have not been paid on the BIRL building for years. Knowing this, is it reasonable to expect leasehold taxes will be paid at 1800 Sherman without a binding agreement? The refusal of this Council to take seriously 82% of the voters in the March 2000 referendum was reason "to light a candle." In May 2000, Eugene Sunshine stated in the Evanston Review, "that the university was willing to negotiate an arrangement that works for the City and works for Northwestern." As co-founder of the Fair Share Action Committee, she asked Council how they could have let them (citizens) down so terribly. If formal and effective negotiations had begun immediately following the referendum, they might now be working under a binding agreement instead of lamenting the loss of $1 million annually in tax revenue. Like municipal leaders of Princeton, Cambridge and other host communities, City Council should immediately identify all property in commercially zoned districts that is vulnerable to acquisition by the University; explore all legal means by which 1800 Sherman could be acquired by the City, sold and returned to the tax rolls; determine the agenda for the impact negotiations starting with whether to keep all the property on the tax rolls unless used 100% for academic use or require 50 years of payments in lieu of taxes if the building is removed from the tax rolls. She said it was a sad day when Evanston residents must listen to more rhetoric from both sides with aldermen lamenting the loss of revenue and the University boasting about gift giving. To achieve the "fairness" that Mr. Sunshine referred to in 2000 will require that the interests of both parties be heard, met and that a binding agreement is entered into for the 1800 Sherman property and all other commercially zoned property in downtown. Hollis Settles, Jr.. 1004 Pitner Ave., said the Evanston NAACP approached the City 18 months ago regarding concerns about the phenomenal economic development here and that certain segments of the community were not sharing in that development. With a new city manager coming on board and upcoming elections, he would like the Council to demonstrate some political will to have City departments and committees be more concerned about monitoring and compliance with hiring minority residents for economic development downtown. With the building of Sherman Plaza, a $180 million development, he wanted to see minority residents and those living on the west side and southeast 4 December 13, 2004 Evanston share in this economic expansion. They have an opportunity to show compassion and make it happen. In the spirit of the holiday season, he urged them to put some teeth into monitoring and compliance components of the operating agreements that developers coming here prosper by. According to the 2000 Census, African Americans comprise 22% of Evanston's population and other minorities represent 10-12%. He wanted to see this language fixed upfront to encourage more than good faith, so that developers comply, particularly on the hiring and job components, so that all Evanston citizens benefit. Keith Banks, 2125 Washington St., executive director of Evanston Community Development Association, sought approval and support of HOME Funds for a project at 1717 McDaniel. His organization's purpose is to maintain and preserve affordable housing. They believe Evanston is a great city because of its economic, racial and cultural diversity and to maintain that, they must have appropriate housing stock. They are a faith -based organization and are partnered with the community, City and other groups to provide affordable housing. With the boom here of high -end condominiums priced $350,000 and up, low and moderate -income families are being driven out. They want to maintain affordable housing particularly on the west side. There is an alarming number of properties there that are distressed, foreclosed, abandoned or boarded up that they are targeting. They have purchased their first property and going to renovate it. These funds will be helpful to transform properties. Their approach is holistic by transforming lives and providing hope to people for home ownership, jobs and job training. Two people were hired from the community who are getting job training and income. They believe what they are doing is a great thing for the community and asked for support. John Barrier Williams, 944 Elmwood Ave., assistant director of the Evanston Community Development Association, said the program is to provide affordable housing, jobs and job training on the west side of Evanston. They believe revitalizing and stabilizing the west side is important in order to get retailers and commercial entities to invest in the area. This is a step to create an environment whereby this becomes possible. He hoped Council would support their efforts and looked forward to working with them. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: contract with Smithereen Pest Mgt. Services; Ordinance 124-0-04 - City Surplus Property; Ordinance 118-0-04 - 2004 Tax Levy; Ordinance 119- 0-04 - 2004 Special Service Area #4 Tax Levy; Ordinance 120-0-04 - 2004 Township Tax Levy; Appeal of SPAARC denial for telecommunication antenna facility at 1235 Hartrey; Ordinance 123-0-04 - Special Use/Major Variation at 702-708 Greenleaf, Ordinance 122-0-04 - Landmark Nomination for 2408 Orrington; and request for $80,000 in HOME Funds. Seconded by Alderman Rainey. Roll call. Voting aye — Bernstein, Moran, Tisdahl, Rainey, Feldman, Jean - Baptiste, Wynne. Voting nay — none. Motion carried (7-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of November 22, 2004. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) ADMINISTRATION & PUBLIC WORKS: *Approval, as recommended, of the City of Evanston payroll for the period through December 2, 2004 and City of Evanston bills for the period ending December 14, 2004 authorized and charged to the proper accounts: City of Evanston payroll (through 12/2/04) $2,021,037.79 City of Evanston bills (through 12/14/04) $4,005,172.80 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) December 13, 2004 * Review and approval of the 2004 Annual Audit, Management Letter and Single Audit Report. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Preliminary approval for the 2005 Street Improvement Program; funded from the Motor Fuel Tax Fund, Capital Improvement Plan Fund and supplemental funds. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (7-0) * Approval of the authorization of City staff to negotiate a long-term lease with District #65 for Foster Field and Fleetwood-Jourdain Community Center. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of professional services contract from CE Crowley for roofing services for Chandler -Newberger, Fleetwood- Jourdain and the Municipal Service Center at a cost of $60,675. (Funded in the CIP.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of the authorization for the City Manager to sign a contract with Blue Cross/Blue Shield to provide health insurance coverage. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of Change Order #2 to the contract with Pedersen Construction for Leahy Park redevelopment project at a cost of $24,391, increasing the total project cost from $522,300 to $546,691. (Funded in the CIP and an OSLAD grant.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of Change Order #2 to the contract with Simplex Time Recorder for fire alarm work at the Civic Center at a cost of $13,660, increasing the total project cost from $172,503 to $186,163. (Funded in the CIP.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) ■ ■ ■ * Resolution 79-R-04 - Assume responsibility for temnorary closine of Sheridan Road, between Davis and Clark streets for First Night fireworks - Consideration of Resolution 79-R-04, which assumes the responsibility for the closing of Sheridan Road, between Davis and Clark streets, for First Night fireworks display December 31, 2004. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Resolution 80-R-04 - Fence license at 3434 Park Place - Consideration of Resolution 80-R-04, which authorizes the Interim City Manager to sign a license agreement with Thomas Fitzgibbons to permit a fence to be placed in the right-of-way of an unopened alley at 3434 Park Place. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Ordinance 54-0-04 - Citv Ethics Code - Consideration of proposed Ordinance 54-0-04, which amends the Ethics Ordinance regarding prohibited political activities and gift bans as provided by state law. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 116-0-04 - Parking Rates at Lot 38 at the YMCA - Consideration of proposed Ordinance 116-0-04, which changes parking meter fees and hours for parking meters in City Parking Lot 38, located at 1010 Grove Street (YMCA west lot), amending Section 10-11-12(H) of the City Code. MARKED INTRODUCED — CONSENT AGENDA * Ordinance 114-0-04 - Increase in Class B Liquor Licenses - Consideration of proposed Ordinance 114-0-04, introduced November 22, 2004, which amends Section 3-5-6(B) of the City Code to increase the number of Class B liquor licenses from 10 to 11 for 864 Corporation, DBA, The Celtic Knot, at 626 Church St. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Resolution 82-R-04 - Debt Service Tax Abatement Resolution - Consideration of proposed Resolution 82-R-04, which abates debt service property tax in 2004 for bonds issued by the City in 1997. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) December 13, 2004 PLANNING & DEVELOPMENT: * Ordinance 121-0-04 - SDecial Use reauest for a Tv -De 2 Restaurant at 1571 Sherman Avenue - Consideration of proposed Ordinance 121-0-04 a request for a special use for a Type 2 restaurant at 1571 Sherman Ave. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 117-0-04 - SDecial Use reauest for a Tvne 2 Restaurant at 1620 Orrington Avenue - Consideration of proposed Ordinance It 7-0-04 a request for a special use for a Type 2 restaurant at 1620 Orrington Ave. * MARKED INTRODUCED — CONSENT AGENDA * Reauest for $202.000 in HOME Funds - Consideration of a request to allocate HOME funds to the Evanston Housing Coalition to finance the purchase of a two -unit rental property at 1817 Foster St. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Ordinance 113-0-04 - Snecial Use reauest for a Retirement Communitv a 3200 Grant St. - Consideration of Ordinance I I3-0-04, introduced November 22, 2004, the findings and report of the ZBA to recommend approval of an expansion to the retirement community special use to allow Presbyterian Homes to construct a one -car attached garage to the Trinity Court Townhomes. ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Ordinance 115-0-04 - Zonine Text Amendment, Impervious Surface Site Development Allowance & Other Modifications - Consideration of Ordinance 115-0-04, introduced November 22, 2004, regarding the findings and report of the Plan Commission for an amendment to the text of the Zoning Ordinance to list increases in maximum impervious surface coverage as a planned development site development allowance and establishing 70% as the maximum impervious surface in the OH, hospital overlay district. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) HUMAN SERVICES COMMITTEE * ADDroval of November 2004 Township Monthly Bills - Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of November 2004 in the amount of $87,307.90. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Ordinance 55-0-04 - Evanston Township Ethics Ordinance - Consideration of Ordinance 55-0-04, which establishes an Ethics Ordinance for Evanston Township. * MARKED INTRODUCED — CONSENT AGENDA and referred back to the committee. OTHER COMMITTEES: * Reauest for $20.000 in Economic Development Funds - Consideration of a recommendation to provide a matching grant from the Storefront Improvement Program for 1601 Simpson St. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Resolution 81-R-04 - ADpointment of a Citv Manager - Consideration of a resolution authorizing the Mayor to enter into an amended contract with a City Manager. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL: Bernstein, Moran, Tisdahl, Rainev, Feldman, Jean-Ba_Dtiste, Wvnne, Morton (8-0) APPOINTMENTS: Mayor Morton asked that the following appointment be introduced: Michael R. Monar Pubic Art Committee December 13, 2004 624 Davis St. * INTRODUCED — CONSENT AGENDA Mayor Morton asked the following appointments be confirmed: Claudia Kunin Arts Council 2423 W. Greenleaf, Chicago For term ending January 15, 2008 Judith Mittler Arts Council 1300 Central St. For term ending January 15, 2008 Margherita Andreotti Public Arts Committee 1115 Noyes St. For term ending January 15, 2008 James R. Kirby Public Arts Committee 419 Custer Ave. For term ending January 15, 2008 Constance Lyman Public Arts Committee 1048 Forest Ave. For term ending January 15, 2008 Mayor Morton asked the following re -appointments be confirmed: Andrew Paine Civil Service Commission 530 Hinman Ave. For term ending January 15, 2004 * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Alderman Feldman moved approval of professional services contract from Smithereen Pest Mgt. Services to provide viaduct pest control at a cost of $236,021. (Funded in the CIP.) Seconded by Alderman Rainey. Alderman Bernstein asked what Smithereen would do for the first $75,000; when did the warranty begin, how do they enforce the warranty for five years and where they would start. Public Works Director David Jennings stated the warranty begins when a particular structure is done; they don't have a plan and believe it will take about three years to complete the project. They will report to the A&PW Committee on how to address these structures sequentially. One thought was to start in places that have no protection whatsoever and another was to look at the worst viaducts, regardless of what is in place. They could also look at pedestrian volumes. Voice vote. Motion carried. No nays. Alderman Feldman asked that Ordinances 124-0-04, 118-0-04, 119-0-04, 120-0-04 be marked introduced. Alderman Feldman moved that the Rules be Suspended in order to adopt four ordinances introduced that evening. Seconded by Alderman Moran. Motion carried. No nays. December 13, 2004 Roll call. Voting aye — Bernstein, Moran, Tisdahl, Rainey, Feldman, Jean -Baptiste, Wynne. Voting nay — none. Motion carried (7-0). Ordinance 124-0-04 - Declaring Citv Provertv as Surplus - Consideration of Ordinance 124-0-04, which declares an Evanston Police Department vehicle as surplus property to allow sale to an area auto dealer that specializes in used police cars. Alderman Feldman moved approval of Ordinance 124-0-04. Seconded by Alderman Moran. Roll call. Voting aye — Bernstein, Moran, Tisdahl, Rainey, Feldman, Jean -Baptiste, Wynne. Voting nay — none. Motion carried (7-0). Ordinance 118-0-04 - 2004 Tax Lew - Consideration of proposed Ordinance 118-0-04, which is the annual tax levy for the General Fund, Police Pension and Fire Pension funds for FY 2005 budget. Alderman Feldman moved approval of Ordinance 118-0-04. Seconded by Alderman Moran. Roll call. Voting aye — Bernstein, Moran, Tisdahl, Rainey, Feldman, Jean -Baptiste, Wynne. Voting nay — none. Motion carried (7-0). Ordinance 119-0-04 - 2004 Special Service Area #4 Tax Lew - Consideration of proposed Ordinance 119-0-04, which is the annual tax levy for Special Service Area (SSA) #4. Alderman Feldman moved approval of Ordinance 119-0-04. Seconded by Alderman Wynne. Roll call. Voting aye — Bernstein, Moran, Tisdahl, Rainey, Feldman, Jean -Baptiste, Wynne. Voting nay — none. Motion carried (7-0). Ordinance 120-0-04 - 2004 Township Tax Lew - Consideration of proposed Ordinance 120-0-04, which is the annual tax levy for Evanston Township. Alderman Feldman moved approval of Ordinance 120-0-04. Seconded by Alderman Moran. Roll call. Voting aye — Bernstein, Moran, Tisdahl, Rainey, Feldman, Jean -Baptiste, Wynne. Voting nay — none. Motion carried (7-0). PLANNING & DEVELOPMENT: Anneal of the Site Plan & Appearance Review Committee - 1235 Hartrev Ave. - Consideration of an appeal by Sprint PCS of a denial by the SPAARC for a telecommunication antenna facility at 1235 Hartrey Ave. Alderman Wynne moved to overrule the denial recommended by the Site Plan & Appearance Review Committee for a telecommunication facility at 1235 Hartrey. Seconded by Alderman Bernstein. Voice vote. Motion carried. Ordinance 123-0-04 - Special Use and Major Variation reauest for a Multi-Familv Residential Use at 702-708 Greenleaf St. - Consideration of Ordinance 123-0-04 - special use and major variation request for a multi -family residential use at 702-708 Greenleaf St. Alderman Wynne reported that this item was held in committee. Ordinance 122-0-04 - Landmark Nomination for 2408 Orrington Ave. (Kendall College-Weslev Hall) - Consideration of the report and recommendation of the Preservation Commission to designate the building at 24008 Orrington Ave. as an Evanston Landmark. Alderman Wynne reported that this item was held in committee. Reauest for $80,000 in HOME Funds - Consideration of a request to allocate HOME funds to the December 13, 2004 Evanston Community Development Association to reduce the purchase price of a townhome at 1717 McDaniel for sale to a low-income household. Alderman Wynne moved approval. Seconded by Alderman Bernstein. Alderman Rainey suggested Council needed to be more discriminating on affordable housing projects because some are good and others are questionable which she thought this project was. It's a 1,000-square foot frame townhouse costing $256 per square foot. She pointed out if Neil Davidson had come before them when he was doing two and three flats and said this two -flat would cost a half million dollars to produce they would have run him out. Council fought him for $30,000 and his projects were good. Market rate condominiums in the 8 h Ward sell for less than $256,000 that are larger than 1,000 square feet, completely gutted, of brick construction and have heat and utility protection. Anybody can make an affordable housing project by putting money into something. This makes no sense. ECDA bought this building from a family that was being foreclosed on so that one poor family was displaced and another poor family will be put in there. Before voting, she asked what the conditions are by which they release the $80,000 and what has been paid out so far. She understood the project had not begun. Community Development Director James Wolinski reported that about 80% of the work has been completed. The property has been inspected. He said the former owner left the unit in deplorable condition so it was gutted. New drywall, HVAC, electrical and plumbing were installed. The $80,000 will be released when they get a Certificate of Occupancy. Alderman Rainey noted they plan to sell this unit for $170,000. In the agreement with them she asked if it says the City will give them $80,000 to write down the cost of the property so that it cannot be sold for more than $170,000. Mr. Wolinski explained that a maximum price is put on all HOME projects and contracts. Alderman Rainey said this was the worst project she had seen; had not received Housing Commission minutes where this project was discussed and had asked who this organization bought this property from and got no answers. She wanted an arm's length transaction. Alderman Moran was more concerned about a family that would have difficulty being a first-time homeowner here. The property is a three -bedroom town home and a family can buy it for $170,000. He noted there are few places in Evanston where a family could move in and get an equity interest in a home for $170,000. He did not think the City was doing enough in the affordable housing area; would like to see the City Council committed to move forward with affordable housing. He saw ECDA as making a significant commitment already, having spent 80% of the cost to rehabilitate this property and asking for money that will close the gap between development costs and the sales price. Obviously this is an expensive project. He assumed that ECDA had spent what was needed to make this a habitable unit. He suggested the City work on this more diligently and hoped that they would take up the recommendations made to Council by affordable housing advocates that was brought months ago and has gone nowhere. He saw a three -bedroom home for a family at a cost of $170,000 and an organization that is working with other advocacy groups here as a good collaboration and urged support. Alderman Rainey urged Alderman Moran to open up affordable housing in the 6t' Ward; stated this was throwing good money after bad; reiterated that these projects need to be looked at more critically. She did not think the City should support projects where somebody was foreclosed on and the organization bought them out. Roll call. Voting aye — Bernstein, Moran, Tisdahl, Jean -Baptiste, Wynne. Voting nay — Rainey, Feldman. Motion carried (5-2Z Alderman Feldman reported the A&PW Committee discussed the condition of the street light poles on Ridge Avenue. There is concern about the stability of the poles with many of them falling down due to rust at the base. The Public Works Department will study the poles along Ridge and report back to the committee with results and will bring a method to deal with this problem. CALL OF THE WARDS: 4`" Ward. Alderman Bernstein announced the Civic Center Committee would meet in January. 10 December 13, 2004 He spoke about the purchase of 1800 Sherman; noted that for the first time NU has acknowledged its actions have an impact on the City. He would like to take the overture in good faith and ask NU to make it right. If they intend to take 1800 Sherman off the tax rolls and compensate the City and schools for the removal, he asked that they do the math and acknowledge that during the next five years the funds generated are all City funds. The presentation of $300,000 to the City and $175,000 to each school district is not sufficient to fund the garage and meet the terms of the TIF. He announced City Council has asked staff to develop information about the legality of this purchase. If the City is not made whole they will determine if there is anything they can do to be made whole. He wished all happy holidays and that God bless us everyone; noted that citizens who appear before Council have passion, which he appreciates, but has noticed there are some who are mean spirited about things that happen in the community. He stated that Council, volunteers on boards, committees and commission try to do their best and may not always get it right. He urged people to be passionate with reason and understand that all are trying to work for the betterment of the City. Vitriol does not always cut it. He asked people to do their homework and present all the information they can to Council and the community so informed decisions could be made. He asked people to smile and do a random act of kindness for someone. He wanted all to remember the good feelings this season brings and try to keep them going and wished all a happy and healthy new year. 5t"Ward. No report. bth Ward. Alderman Moran said peace on earth and eood will toward all. 7th Ward. No report. gth Ward. No report. 9th Ward. No report. lst Ward. No report. 2"d Ward. Alderman Jean -Baptiste said happy Chanukah, merry Christmas, happy Kwanzaa; have a great new year and party hard, but in moderation. 3rd Ward. Alderman Wynne spoke about the "Free Ibrahim" signs around town. Ibrahim Parlak is a Kurdish Turk who was granted political asylum in the USA in 1991. He owns a restaurant in Michigan and has a seven year old daughter. He was arrested and jailed in Turkey because he fought to be able to speak his language. Since coming to the United States he has lived an exemplary life. July 29 he was arrested by the FBI at the behest of the Homeland Security Agency and has been in the Calhoun County jail since with no contact with family members. The FBI claims he checked the wrong box on papers he submitted when he came to the USA. He, in fact, checked the wrong box because he did not know English. They also claim he committed an aggravated felony since coming here. The U.S. government amended its complaint and charged him with terrorism because he was active in the PKK, a Kurdish separatist organization, years ago. She wished that they could read the definition of "terrorism" used by the U.S. government. It includes aiding and abetting any type of organization that has a separatist cause. Last week in Detroit he had a second hearing. Sixty people from his hometown testified on his behalf. A SWOT team escorted him to the hearing in handcuffs and chains. This is our government that is protecting citizens from terrorism. She could not imagine how much that cost. She spoke of his gentleness, compassion and community activism. "Nightline" was doing a story on him that week. A number of people here have been active in this cause. There have been articles in the Chicago Tribune and The New York Times. She thought it was important to learn about him because it is an example of a government agency that was created by the body politic and we don't understand what we have done. She thought the more people learn about this case, the more concerned they will be. This is not a nameless immigrant. He is lucky because he has a team of lawyers to represent him. Many others have sought asylum in the U.S. and are in jail without representation or due process. People can find out more by using Google® to find many articles about him. She saw this case as emblematic of problems in the federal government and a serious erosion of civil liberties that people may be unaware of. Her husband represents Ibrahim and he is a member of her extended family. 11 December 13, 2004 There being no further business to come before Council, Mayor Morton adjourned the meeting at 10:40 p.m. Mary P. Morris, City Clerk A videotape recording of this meetine has been made Dart of the permanent record and is available in the Citv Clerk's office.