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HomeMy WebLinkAbout02_09_04_ccCITY COUNCIL ROLL CALL - PRESENT: A Quorum was present. NOT PRESENT AT ROLL CALL: ABSENT: PRESIDING: Alderman Bernstein Alderman Moran Alderman Tisdahl Aldermen Wynne, Kent, Newman None Mayor Lorraine H. Morton February 9, 2004 Alderman Rainey Alderman Feldman Alderman Jean -Baptiste The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, February 9, 2004, at 5:17 p.m. in the Aldermanic Library. Alderman Feldman moved that Council convene into Closed Session for the purpose of discussing matters related to real estate, litigation and closed session minutes pursuant to 5ILCS Section 120/2 (c) (5), (6), (11) and (21). Seconded by Alderman Tisdahl. (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, Rainey, Feldman, Newman, Jean -Baptiste. Voting nay — none. Motion carried (7-0). At 7:03 p.m. Alderman Feldman moved to reconvene into Open Session and recess. Seconded by Alderman Wynne. Motion carried. No nays. Mayor Morton reconvened the City Council at 8:53 p.m. in the City Council Chamber. Mayor Morton wished a happy birthday to Jean Levy London and stated the Levy family has made many contributions to the City of Evanston. Resolution 4-R-04 — Desi2natin2 Facilitv at 300 Dodge the "City of Evanston" Lew Senior Center — Consideration of proposed Resolution 4-R-04, which designates the facility located at 300 Dodge Avenue with the name "City of Evanston Levy Senior Center." Alderman Rainey moved approval. Seconded by Alderman Feldman. Alderman Newman spoke in support of the resolution. He recalled when the senior citizens committee started meeting about potential sites, he asked Joe Levy about building in James Park. Mr. Levy wanted to see a quality building completed so people could enjoy it. For all the contributions made by Joe Levy, he said that if he never gave a penny for this facility, it should still have been named the Levy Senior Center because he has made many contributions over the years and helped raise funds for this building, which is deeply appreciated. Alderman Rainey read into the record 2 February 9, 2004 Resolution 4-R-04 Designating the Facility Located at 300 Dodge Avenue with the name "City of Evanston Levy Senior Center" WHEREAS, the Levy Family Foundation, hereinafter referred to as "Foundation" has made several significant gifts to the City including contributions for the purpose of constructing a senior center facility; and WHEREAS, the Foundation and its representatives, Joseph Levy and Jean Levy London, have expressed sincere devotion and commitment to seniors and the City of Evanston; and WHEREAS, the City of Evanston, hereafter referred to as the "City" owns, maintains, and operates, a recreation center, hereafter referred to as the "Center," located at 300 Dodge Avenue in Evanston; and WHEREAS, the Center is the site of leisure activities and life improvement services for Evanston's older adults; and WHEREAS, the City wishes to proclaim and acknowledge the contributions of the Levy Family Foundation to the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, on behalf of itself, the Mayor, City Manager, City officials and the residents of this community, to hereby express its appreciation to the Levy Family Foundation for its service to the City by designating the Center located at 300 Dodge Avenue in Evanston as the "City of Evanston Levy Senior Center." That the foregoing recitals are found as fact and made a part hereof. That the City Manager shall cause signs to be installed at the Center to indicate this honor. That this Resolution be made a part of the permanent records of the City of Evanston and that a copy executed by the Mayor and attested to by the City Clerk, be sent to the Levy Family Foundation. That this Resolution shall be in full force and effect from and after its date of its passage and approval in the manner provided by law. Lorraine H. Morton, Mayor Voice vote. Motion carried unanimously. Mr. Levy thanked everybody for all they have done and will do in the future. ANNOUNCEMENTS: City Manager Roger Crum reminded all that the budget workshop scheduled for Saturday, February 14, 9:00 a.m. had been cancelled and the next budget discussion would occur at the next regular Council meeting February 23. Mayor Morton said that February is Black History Month. A new dimension to the observance this year is the Evanston Health Department's dedication to prevention and areas of need for people suffering from AIDS. This year Fleetwood- Jourdain is sponsoring many activities including the Children of Uganda dance troupe, which is raising funds for AIDS. She thought the City was doing a wonderful job in offering services to persons with AIDS and was glad to be able to support the Children of Uganda to help people everywhere who suffer from AIDS. COMMUNICATIONS: City Clerk Morris reminded people who want to vote in the March 16 Primary Election that voter registration closes Tuesday, February 17. Residents can register at the City Clerk's office 8:30 a.m. to 5:00 p.m. weekdays and this Saturday February 14 from 9:00 a.m. to 12:00 noon. For people who will be out of Cook County on March 16 and want to vote, applications for absentee ballots by mail are available at the City clerk's office; call 866-2925 to have an application sent out. In -person absentee voting starts Monday, February 23 through March 15 in the City clerk's office. Gree Klaiber, 2329 Hartrey Ave., fire captain/paramedic with the Evanston Fire and Safety Services Department, spoke on behalf of the Firefighter's Association. He thanked citizens for funding construction of Fire Station #3 at 1105 Central St., the City Manager and staff for working so hard to meet the needs of those who work in a fire station and City Council for allocating the resources to construct this facility. Recognizing competing needs for funds, they appreciated the prioritization placed on life/safety services and were grateful for this fire station. He said there would be an open February 9, 2004 house soon and all would be invited to take a walk-through in what they consider to be the best fire station in town. Many people want to get in. He said they are on duty 24 hours and off 48, so they spend a third of their lives in a firehouse; thought what went into this firehouse understood that. He recommended whatever process was used for this building be used for Fire Station #5. Mimi Peterson, 748 Wesley Ave., spoke about the proposed settlement of the lawsuit with NU. She stated in 1998, due to higher taxes and budget cuts, citizens formed the Fair Share Action Committee to demonstrate to City Council that the will of residents was to have the City enter negotiations with NU to obtain a significant monetary contribution to help offset the loss of property tax revenue generated by this large institution with land holdings that do not contribute to the tax base. She reported in March 2000, 83% of voters participating in the election thought Council was listening. Residents were lead to believe that the will of 83% of the voters would matter to aldermen in negotiating with NU. The lawsuit filed by NU over the Northeast Historic District served as a vehicle for secrecy regarding the status of negotiations. Residents thought they were listening and now three years later after having defended the City's ordinance against a big bully with only two "difficult to prove" counts remaining with a settlement before them that is harmful to the future of Evanston. In addition all good faith negotiations regarding payment in lieu of taxes never got off the ground. The proposed settlement reaches beyond the issues contained in the lawsuit to leave neighborhoods and taxpayers with a greater burden of institutional use and a loss of architecturally significant houses that are important to Evanston. She said if Council chooses to act on February 10 and agree to settlement terms, they will choose not to add to the interest of Evanston people and will provide NU with a federally binding document that supercedes City and state legislation and entitles NU to reshape the landscape of Sheridan Road both east and west without any boundaries or guidelines set forth by the City forever. She asked why they would choose to enter into an agreement that would forever create the inability of the City to have a say in what is happening to their land? She asked how they could silence the voice of residents. Those on the Fair Share Committee who asked City Council to advocate for them in negotiations with NU are perplexed. She asked if those are the same Council members who encouraged them to show the will of the people. She said it is difficult for citizens in a democracy to face the fact that they are being dismissed, their input not received, considered, heard or respected and to accept the fact that their elected officials have put aside the interest of citizens. She said there was an even harder question for citizens to ask, especially at the local level of government because Council members are the people they see at the grocery store, work with on school and community projects and live nearby. She urged Council to be an advocate for Evanston, do what is right for Evanston and reject this settlement. Judv Fiske, 2319 Sherman Ave., represented the Board of Directors of the Northeast Evanston Historic District Association; stated if the settlement they accept on February 10 is the same one they rejected last September it would be devastating for Evanston's neighborhoods. The trial was set to begin March 1 and supported by residents all over Evanston. By all accounts the City would have prevailed on the merits of its case. The City was positioned to win at trial, keep the historic district intact, recover its costs, and send a strong message to developers, including NU, that Evanston is serious about protecting its neighborhoods from intrusive development. The settlement will dismantle a legally enacted historic district, exempt NU property from regulation and set a terrible precedent. She said many of NU's historic and architecturally significant buildings west of Sheridan Road will be removed from the historic district and stripped of protections provided by Evanston's Preservation Ordinance forever without due process. This includes houses on the north side of Colfax, east on Orrington, houses on Sheridan Road, including one privately owned residence. NU property east and west of Sheridan Road will be exempt from any land use regulation the City might enact, giving NU relief that no other private property owner in Evanston could ever hope to obtain. The settlement will set a precedent that other developers are sure to follow to test the City's resolve and is sure to encourage merit -less litigation. She asked how many times in recent weeks had they heard an alderman mention that avoidance of lawsuits was a motivating factor in land use decisions. This action suggests that Council is exercising enormous pressure in favor of developers, ceding their responsibility to make sound zoning and land use decisions that serve its residents. It sends a chilling message to residents struggling to maintain the character and quality of life in neighborhoods throughout Evanston. Bettv Ester, 1806 Grey Ave., invited all to the Citizen's Lighthouse Community Land Trust presentation on the community land trust model before the Housing Commission on February 19, 7:00 p.m. at the Civic Center. They will learn how a community land trust can create affordable housing and benefit the City by keeping diversity of residents. CONSENT AGENDA (Any item marked with an Asterisk*) 4 February 9, 2004 Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: approval of contract revision for towing services with North Shore Towing; Resolution 5-R-04 — Tiered Approach -Corrective Action Agreement; Ordinance 8-0-04 — Vacation of Portion of Isabella St.; Ordinance 22-0-04 — Special Use for 845 Dodge Ave.; Ordinance 23-0-04 — Special Use for 1168 Dodge Ave.; Ordinance 24-0-04 — Amending the Membership Requirements of the Housing Commission; Ordinance 112-0-03 — Zoning Ordinance Text Amendment; Ordinance 113-0-03 — Zoning Ordinance Map Amendment; and Ordinance 15-0-04 — Extending the Moratorium Provided for by Ordinance 56-0-03. Seconded by Alderman Moran. Roll call. Voting aye — Wynne, Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste. Voting nay — none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of January 26, 2004 and the Special City Council Meeting of January 24, 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 January 29, 2004 and the City of Evanston bills for the period ending February 10, 2004 that those be authorized and charged to the proper accounts, summarized as follows: City of Evanston payroll (through 01/29/04) $1,968,570.09 City of Evanston bills (through 2/10/04) $2,519,962.50 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the State of Illinois low bid from Landmark Ford for one 2004 Ford Taurus sedan pool vehicle at a cost of $15,915, including delivery, service manual and warranty. (Funded in Fleet Services Capital Outlay Account.) APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Pan -Oceanic Engineering Co., Inc. for the Phase IX, Contract B, Relief Sewer Project, at a cost of $2,411,816.30. (Funding will be from a future bond issue.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the proposed agreement with MWH Americas, Inc. for engineering services during construction of the Phase IX, Contract B, Relief Sewer Project, in the not -to -exceed amount of $373,000. (Funding will be from a future bond issue.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the contract with Postl-Yore & Assoc. for engineering services for the Home Depot Alley Project (#04-51) at an estimated cost of $85,000. (Funded by Home Depot Neighborhood Improvement Funds.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the sole source purchase of a March-McBimey Multi-Mag Flow Meter from Lee Engineering Sales Co. for the Water Division, at a cost of $16,098.75. (Funding is CIP budget.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #2 with Civil Contractor & Engineers, Inc. for the Phase IX, Contract A, Relief Sewer Project. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) MEN * Review and Acceptance of Audit Management Letter — Consideration of a recommendation to accept the annual Audit Management Letter. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) February 9, 2004 * Ordinance 27-0-04 — Ambulance Transport Fees — Consideration of proposed Ordinance 27-0-04, which amends Section 9-2-3(B) of the City Code increasing ambulance transport fees. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 9-0-04 — Two-Wav Stop: Ashland/Crain — Consideration of proposed Ordinance 9-0-04, introduced January 26, 2004, which amends Section 10-11-5, Schedule V(B) of the City Code to establish a two-way stop at Ashland Ave. and Crain St. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 10-0-04 — Loadine Zone at 2122 Dobson St. — Consideration of proposed Ordinance 10- 0-04, introduced January 26, 2004, which amends Section 10-11-7, Schedule VII (B) of the City Code to establish a loading zone at 2122 Dobson St. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) PLANNING & DEVELOPMENT: * Ordinance 16-0-04 — Extending the Moratorium Provided for by Ordinance 90-0-03 — Consideration of proposed Ordinance 16-0-04, introduced January 26, 2004, which extends the moratorium provided for by Ordinance 90-0-03 on the issuance of building permits on portions of Main St. and Chicago Ave. in the B3 Zoning District. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) OTHER COMMITTEES: * ADDroval of Non -Bid Proposal for Downtown Visioning Process — Consideration of a recommendation to approve the non -bid proposal for the Downtown Visioning Process from The Lakota Group, at a not -to -exceed fee of $13,986. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) APPOINTMENTS: Mayor Morton asked that the following reappointment be confirmed: Judith S. Hurwich Housing Commission 2114 Madison Pl. For term ending February 15, 2008 * APPROVED — CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Approval of the Contract Revision for towing services with North Shore Towing, approving a one- year contract extension at a higher rate and an increased revenue share for the City, plus revisions including additional space for seized vehicles, a security monitoring system and improved communications. Alderman Rainey moved approval. Seconded by Alderman Feldman. Alderman Rainey called attention to Attachment B - rate schedule. She moved an amendment having to do with fees and fines #1 towing of automobiles. The suggested rate is $140. The committee amended that to $130 with suggested revenue February 9, 2004 sharing reduced to $10. Seconded by Alderman Moran. The argument was the towing company has had no raise in three years. In the future they need to provide incremental increases instead of waiting and adding a larger increase. The committee thought increasing the revenue sharing to the City was rather abusive, so it was reduced to $10 and will have a minor effect on the budget. The only amount budgeted in revenue sharing was $15, not $20, so it is a difference of $5. Alderman Tisdahl stated she would vote "no" on any increase for one reason. 7t' ward residents who park in front of their homes on NU football game days have their vehicles towed at 7:00 a.m. when they forget to move their cars. Signage has been changed and police do a good job of trying not to tow the cars. At least six or seven vehicles are towed each year and to have to pay double what someone would pay if they called to have a car towed seemed egregious to her for people who have done nothing more than forget it was a game day. She wanted an exemption from this significant increase for those residents. Alderman Rainey said that was not a tow company problem, but a police problem in carrying out the policy of Council to remove parked vehicles from certain areas during games. She agreed those people probably should not be towed, but there is an issue with traffic flow; did not think voting against a towing contract was the way to deal with the problem. The towing company does not tow any car unless ordered to do so by police. Alderman Newman said the instance of someone forgetting goes far beyond football games. That applies to people who park near the lakefront after 9:00 p.m., those who forget about street cleaning and a NU student who did not know about the NU Homecoming parade. The issue is whether the City should make any money on tows. He understood the necessity of the towing company getting a reasonable increase but all that is in play is $10. The City could decide that they don't want to make money on tows and the rate would have to be at least $120 to fairly compensate the towing company for increased costs since the last contract. Alderman Newman moved that the current rate be $120. Seconded by Alderman Bernstein. He thought the City's share at $15 was $45,000, so if they were at $10 it goes down to $30,000. They earn $30,000 by having the tow rate at $130 instead of $120. The problem he has with the City profiting is that the towing process is one of the most disconcerting things that can happen. The tow hearings consist of a process where a presiding (police) officer asks if the sign was posted properly. People at these hearings have a difficult burden to meet and pay the $110. He asked if there is a ticket besides? Yes. So somebody who parks near a fire hydrant would pay $160- 170. He suggested the rate be as low as they can make it; understood it would be $120. To Alderman Tisdahl he said they cannot keep the rate at $110 considering the cost of doing business. Some increase passed along to the company is necessary. Alderman Feldman said the entire A&PW Committee agreed with Alderman Newman. They wanted to be out of revenue sharing; felt it was inappropriate that the City make money on towing. As onerous as towing is, it is necessary because streets have to be kept clear. During the winter streets have to be plowed and those who don't move their cars are towed. That was communicated to staff. He wanted Mr. Stafford to explain what decision they came to which was to phase out City participation after next year. Mr. Stafford said the committee's desire was not to have City participation. The concern was raised that the City budgeted part of this money. This contract extension is only for one year. The committee directed staff when they come back with a new RFP and new contract that the City revenue sharing portion be removed and the policy of revenue sharing be discontinued. Alderman Feldman said this was one of the most difficult times for a contractor with many issues in this contract. He referred to the amended sections on signage, maintaining fire lanes, etc. They think this is a fair price and a way for the City to extricate itself from participation in any cost to citizens. Alderman Bernstein asked if other than revenue production was there no service reason to charge. Mr. Stafford explained when the City goes into a neighborhood, police officers are allocated to tell people they have to move off the street. That is use of resources and a cost. It is a benefit to those who can move their cars. The logic was they are providing a service so that is a cost to reimburse. The concern raised in committee was that the City collected a tow fee and a fine, which would compensate the City. That was the reason for revenue sharing. Alderman Rainey said whenever there is towing, extra services are provided. She noted this is an Evanston company with 60 employees, many of whom are residents so they are important participants in the community. She moved rejection of the amendment. Alderman Newman said costs are part of snow removal. Cars have to be removed to effectively plow snow and clean February 9, 2004 the streets. Plowing is difficult here because many cars are parked on streets. He thought this extra $30,000 has to be in the General Fund budget; thought they provide services all over the City and that is part of the way the City does business. He suggested they need to be more pro -active by telling people when, where and why they will be towed; that this information be given with City stickers with even/odd days on snow routes and dates when streets are cleaned. Alderman Rainey stated that tow hearings are done at Administrative Adjudication with far fewer tows now because of the City's educational materials. People are getting the message. She noted they are missing drunk drivers; those stopped by police who are driving without a license or insurance, cars in front of a fire hydrant or in a handicapped space. Tows also happen to people who are a menace to the community. Alderman Jean -Baptiste said two of three aldermen at the A&PW Committee agreed to phase out this today, except that funds have been budgeted. If they could find an alternative source of funds for the budget, they agreed, they ought not to share in people's misery. Alderman Newman has confidence in the collective creativity of the Council; said they could come up with $30,000 and said it could be held over. Alderman Rainey said this company's extension was due in October. All talk about being good to Evanston businesses. The City has caused these people some pain and she urged they vote on this. Mr. Crum said if it was the will of Council was to get rid of the fee, they could do that then. Roll call vote on the amendment. Voting aye — Wynne, Bernstein, Kent, Moran, Feldman, Newman, Jean -Baptiste. Voting nay - Rainey, Tisdahl. Motion carried. (7-2) Alderman Rainey said the extension was to expire in October 2004. She moved the extension term be from now to February 28, 2005. Seconded by Alderman Feldman. Roll call. Voting aye — Wynne, Bernstein, Kent, Moran, Rainey, Feldman, Newman, Jean -Baptiste. Voting nay — Tisdahl. Motion carried (8-1). Resolution 5-R-04 — Tiered Annroach Corrective -Action Agreement — Consideration of proposed Resolution 5-R-04, which authorizes the City Manager to enter into a Tiered Approach to Corrective - Action Agreement with Exxon Mobil Corp. concerning a contamination clean-up at 2966 Central St. Alderman Rainey reported that this item was held in committee. Ordinance 8-0-04 — Vacation of Portion of Isabella St. — Consideration of proposed Ordinance 8-0- 04, which vacates a portion of Isabella St., east of Sheridan Rd. Alderman Rainey moved approval. Seconded by Alderman Tisdahl She read the following changes into the record: On the first page the names are changed to Lewis/Sebring. On page two, Number 2, that said vacated property shall be conveyed to Lewis/Sebring upon their payment to the City of Evanston the sum of $550,000 and their acquisition of title to 2735 Sheridan Road. Number 3, that Lewis/Sebring shall deliver to First American Title Insurance Company the "declaration of Protective Covenants and Conditions by Lewis/Sebring for the Benefit of the City of Evanston" with instructions to record it as soon as title transfers to Lewis/Sebring. Number 4, that in the event of litigation, Lewis/Sebring will hold the City of Evanston harmless and defend it against any lawsuits resulting from the subject vacation. Seconded by Alderman Feldman. Alderman Rainey said an additional appraisal was done to increase the amount from $500,000 to $550,000, $25,000 of February 9, 2004 which will be used to pave a portion of Lakeside Court. Alderman Newman said it was a great deal and was glad it was done. He suggested they needed to know where the money should go. Mayor Morton said where the money goes was not part of the ordinance. Mr. Crum suggested making a staff request to come back with a recommended disposition of these funds. Roll call. Voting aye — Wynne, Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste. Voting nay — none. Motion carried (9-0). Alderman Rainey announced that at the next A&PW Committee meeting they will receive an in-depth review of the training program complement to the sewer projects. PLANNING & DEVELOPMENT: Ordinance 22-0-04 — Special Use for 845 Dodge Ave. (Tvne 2 Restaurant) — Consideration of proposed Ordinance 22-0-04, which approves a recommendation of the ZBA to grant a special use for a Type 2 restaurant (Subway) at 845 Dodge Ave. Alderman Newman asked that this item be marked introduced and referred back to the committee. Ordinance 23-0-04 — Special Use for 1168 Dodge Ave. (Tvne 2 Restaurant) — Consideration of proposed Ordinance 23-0-04, which approves a recommendation of the ZBA to grant a special use for a Type 2 restaurant (Gold Coast Dogs) at 1168 Dodge Ave. Alderman Newman asked that this item be marked introduced and referred back to the committee. Ordinance 24-0-04 — Amending Membership Reauirements of the Housing Commission — Consideration of proposed Ordinance 24-0-04, which amends the membership of the Housing Commission so that at least three of the nine members be Evanston landlords. Alderman Newman asked that this item be marked introduced and referred back to the committee. Ordinance 112-0-03 — Zoning Ordinance Text Amendment — Consideration of proposed Ordinance 112-0-03, which approves a recommendation of the Plan Commission regarding text amendments to the Zoning Ordinance regarding bulk standards for residential districts. Alderman Newman stated extensive work had been done on this ordinance with multiple hearings; asked that this item be marked introduced with the following changes. Delete Section 3. The following three changes: height in all residential districts is to be measured from grade as opposed to the exception for porches. The second, is if there is alley behind the property, garages would be accessed through the alley citywide. The third change is on impervious lot coverage — 45% in Rl, 55% in R2, 60% in R3, 55% in R4, 60% in R5 and 65% in R6. Not before them are some definitions that were omitted. A clean copy will be provided at the next meeting. Ordinance 113-0-03 — Zoning Ordinance Map Amendment — Consideration of proposed Ordinance 113-0-03, which approves a recommendation of the Plan Commission to amend the zoning map to place the area within current boundaries of the 6th Ward within the Neighborhood Conservation Overlay District. Alderman Newman reported the committee voted 5-0 not to go forward with the 6th Ward overlay district. On behalf of the committee, he moved to remove Ordinance 113-0-03 from the agenda. Seconded by Alderman Bernstein. Alderman Moran said almost nine months ago the Zoning Committee of the Plan Commission received from that body February 9, 2004 a reference from City Council to study the issue of de -construction of overly large houses after older houses were torn down. The discussion was engendered due to this phenomenon principally in the 6th Ward of instances where speculative real estate developers and contractors would attempt to maximize the size of single-family houses as re -builds from the prior tear downs. In the portions of the e Ward where this occurred most extremely, there was a virtual transformation of what the block or neighborhood had been before. The Zoning Committee held nine meetings and all were properly noticed. When the Plan Commission took up the unanimous reference by the Zoning Committee for adoption, notices were sent to every property owner that they could ascertain from City records. The Plan Commission held several meetings and ultimately unanimously recommended the adoption of all the recommendations including those that are being excluded that evening. Alderman Moran thanked the Zoning Committee and the Plan Commission for their stellar efforts; the Zoning Division, Zoning Administrator Arthur Alterson, who did a lot of work and Arlova Jackson, who attended many meetings; interns who cataloged examples of replacement housing some of which were beautiful and in conformity with the character of the neighborhoods they were in and others that were monstrous replacements of torn down homes. This community is faced with the serious question of whether it will retain its character in so far as single-family homes are concerned. There is a tremendous issue of affordable housing and a great irony in many comments of those who have opposed this including that evening at the P&D Committee meeting young people have decried the fact that there would be terribly significant restrictions to deal with their property when in fact it has been shown that these are not great restrictions. The real irony is that these people will be the last ones to show up and make that argument, because when these $400,000 houses are replaced by $1.4 million houses, there won't be anybody like them around. He had hoped to amend this ordinance to recommend the City charge a demolition fee of $5,000 per tear down to be put into an affordable housing fund. But that cannot happen now. He was happy that the City would benefit by the three changes recommended by the P&D Committee. The one suggestion that had the greatest impact upon the 6th Ward was the suggestion that replacement homes be allowed to be built to 1.2 times the average height of the four closest houses to the re -build. The notion was to allow for an evolutionary versus a revolutionary approach to the change in neighborhoods and was rejected. The arguments that have been made are dizzyingly contradictory. He said when the Plan Commission took this up and voted unanimously for it, there was a movement by a small group on the Plan Commission suggesting these changes be made citywide. He thought there was unanimity that all these changes should be citywide. The great irony is that ultimately, it was not made on a citywide basis, because aldermen of other wards wanted more time to consider the applicability of the ordinance to their wards value or lack of value. So the reference was to the 61h Ward and to allow other portions of the City to examine and draw upon the experience of the 6th Ward if the changes were all recommended and give their own deliberations to potential benefits to their wards and perhaps the entire City. Tonight they heard the main problem is this applies only to the 6th Ward. He thought everybody understands why it was suggested and one was the Plan Commission's consideration. The other reason is the area that has been hit. He has gotten the argument from people that say this should not be done because there are not enough examples of tear downs yet. Other arguments say they like the notion of it but it should have been done a long time ago because already too many have gone by. Alderman Moran noted in the Friday Chicago Tribune, a section on Winnetka, Wilmette and Glencoe talked about affordable housing, variety of styles that are being lost and the concern that is causing in those communities. It was his hope that they could avoid wholesale change by acting now rather than waiting for the time when those changes come. He was proud of 6th Ward residents who came to nine months of meetings and made a splendid and eloquent plea to do something not terribly radical, to try to preserve the present character of neighborhoods and preserve affordability within the single-family housing sector so that young people could buy a home and senior citizens could stay in their homes for as long as they want until they decide to sell instead of being forced out. That won't happen. Alderman Moran apologized to 6th Ward constituents who wanted to see this happen and said somehow his advocacy on their part had failed. He was proud of the record. It is a splendid record for anybody who wants to study how a community operates from the bottom up through committees to try to sensibly address an issue that will be important here for years. He wished he could have done a better job. Many people made a great effort and the issue is not over, 10 February 9, 2004 will live on and become more urgent. He was sorry about the properties that will be lost in the e Ward and in other parts of Evanston. He was sorry that instead of going forward, they are going backward. He was glad for the three citywide changes; said this issue will come back and hoped it would be dealt with better then. Alderman Newman said the P&D Committee took issues raised by residents seriously and held several special meetings. It was clear from these meetings that the Plan Commission, though well intended, the resulting ordinance was difficult to understand. One of the problems with it was the 1.2 on one side of the street would get one height depending on the four houses and, on the opposite side, would get another height. The Plan Commission had two groups of people come before it. One group was in the development community and the other group was 6"' Ward residents. From the beginning he said the issue was grossly exaggerated. The ordinance taken out was like an "elephant to stamp out an ant." In five -six years, there were 21 tear downs in the 6`h Ward. When they started there were three-four tear downs a year. One thing the ordinance did was prohibit height on new construction but also for additions. So they would have had some people restricted to 25-feet height living around the corner of 35-feet high houses. The committee drove around the City and looked at tear downs in the 6th Ward. What they found on the height exception that they chose, was that many of the houses at issue would have been brought down four -six feet, so they responded. They talked about compromises and doing it block by block, which was rejected. One thing people never understood about this is if one has housing increasing in value that is a positive. Because 21 tear downs were in a ward with thousands of houses does not mean those tear downs are causing the other properties' taxes to go up with testimony to that effect. There are people who supported this ordinance and believed that if they did not have tear downs, somehow their taxes would be lower. That was one of the arguments that people could disagree on. Another argument used that the committee did not find to be accurate was the term "monster" house. Some of the new houses are fine red brick houses that try to maintain the character of Evanston. He rejected the idea that if this were not passed that there would not be affordable housing in a certain part of town. The committee suggested the Plan Commission look at the concept of FAR, which they did not do and if they revisit this would promote smaller houses on smaller lots. The committee responded in a serious way citywide and there is no reason this problem cannot be re -visited and the work done as part of a future consideration. He found an inequity in the heights being 25-feet on one block and 35-feet on a different block; thought the committee felt that way. It was unfortunate this turned out the way it did but it was apparent there was not a consensus of support for this in the 6th Ward. Voice vote to remove from the agenda, motion carried. Ordinance 15-0-04 — EXtendinQ the Moratorium Provided for by Ordinance 56-0-03 — Consideration of proposed Ordinance 15-0-04, which extends the building moratorium in the Sixth Ward for an additional sixty days. Alderman Newman, on behalf of the committee moved to amend the ordinance to extend the moratorium until February 23. Seconded by Alderman Feldman. Alderman Rainey asked what if they are not ready. Alderman Newman asked if she would be comfortable with 30-days. Alderman Newman moved a substitute amendment that the moratorium be extended 30-days from that date. Seconded by Alderman Feldman. Alderman Jean -Baptiste confirmed that by extending the moratorium for 30 days there would be no gap for someone to come in. If after 30 days they are not ready, they could extend for another 30 days. Voice vote, Motion carried. No nays. Alderman Newman moved approval of the ordinance as amended. Seconded by Alderman Wynne. Roll call. Voting aye — Wynne, Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste. Voting nay — none. Motion carried (9-0). CALL OF THE WARDS: 11 February 9, 2004 3'd Ward. Alderman Wynne thanked the Fire Department for their quick response to a fire recently in a courtyard building in the 900 block of Forest Ave. Fire companies from Morton Grove, Skokie and Wilmette responded. There was serious damage to one apartment and water damage to another. The fire occurred directly across the street from Lincoln School as school busses were arriving. DARE officers came to the school to reassure the children who were upset about the fire. The Police Department's Victim Service team and Alyssa Dean from Health & Human Services were terrific. It was bitterly cold that day. She and the community were appreciative of their efforts. 4th Ward. Alderman Bernstein congratulated and thanked Mr. and Mrs. Joseph Levy and Ms. Levy London for their contributions to the City. Tonight with the vacation of Isabella St., two of the biggest advocates for recreation in Evanston, the Lewis/Sebrings, will stay here. He stated they have in large part funded a new addition to the YMCA. He welcomed NU journalism students and reminded all to register to vote. Alderman Bernstein made a reference to the Plan Commission to revisit the concert of "use variations." He said there are several situations here, one at 1314 Ridge, where they have no appropriate method to deal with an antiquated structure except for a Certificate of Appropriateness for tearing it down and building something new. Seconded by Alderman Wynne. Motion carried. No nays. 5thWard. No report. 6th Ward. No report. 71h Ward. Alderman Tisdahl thanked Roger Crum, Keith Fujihara, and David Jennings for their incredible work on the Isabella Street vacation, which was more complicated than she hoped. She singled out David Jennings, whom she never thought would be the person to negotiate price because he is not vicious enough, but was a great negotiator. 8th Ward. No report. 9tn Ward. No report. 1" Ward. Alderman Newman reported that after the P&D Committee, an alderman told a Daily reporter that Art Newman sunk the 6d' Ward ordinance. During this process there were reasonable people who differed. He took some positions on this and immediately there were letters in the Review personally attacking him for simply disagreeing, which he expected to continue. All members of the P&D Committee sat through the same testimony that he heard. There was a significant number not associated with developers and realtors who came and they voted after hearing the evidence. He likes to get credit, but sometimes he is given too much credit as in this case. He reminded people that the downtown development happened in the Research Park because of the creativity of the City of Evanston. The City paid for it, planned it and designed it; City staff spent an extraordinary amount of time working on it and negotiating it. This was done after a 1997 decision when the City became primarily responsible for development. Any suggestion that the successes that have occurred in the Research Park between 1998-2004 are associated with the hard work of anybody but the people of City, staff and Council are inconsistent with the facts. Along with Alderman Feldman, he attended more meetings on downtown development than during the whole time this was considered. An extraordinary amount of time was spent and any inkling that this was not an accomplishment by the people and the City was unfair. There was a mentality here a long time ago that said that the people here could not develop the downtown; that the City needed help from certain people and that they had to turn over development rights to City property to other private institutions because the City could not do it. Nothing could be further from the truth. The City made the key decisions and stood up and took the heat when necessary. He wanted to correct the record and the media. The development of the Research Park is the direct result of the creativity and willingness to go out on a limb by the Council and people here. He said it all started with Dick Stillerman 19 years ago, who spoke before Council and stated that Evanston need not have development in the Research Park, which closed down at 6:00 p.m. They needed to have development with life and 24-hour activity and his idea became a reality when there was a change in Council in 12 February 9, 2004 1997 and the City took over this development. He said they have a lot to be proud of. He acknowledged that NU aided the City in getting a hotel there. When the Research Park started, there was a long discussion on who was going to pay for the parking garage. It ended up on the City's shoulders and they did a great job there. It was done without help from anybody else and he would have more to say about this in the future. 2"d Ward. Alderman Jean -Baptiste invited all to support the initiatives of the Fleetwood-Jourdain Art Guild who are offsetting the costs to bring the Children of Uganda dance troupe to Evanston. There will be a performance February 14, 7:00 p.m. at Fleetwood-Jourdain Community Center, 1655 Foster St. Tickets are $50 per person. He said it would be a special treat. There being no further business to come before Council, Mayor Morton asked for a motion to adjourn. The Council so moved at 10:35 p.m. Mary P. Morris, City Clerk A videotape recordin¢ of this meetine has been made hart of the permanent record and is available in the Citv Clerk's office.