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HomeMy WebLinkAbout03_08_04_ccCITY COUNCIL ROLL CALL - PRESENT: A Quorum was present. NOT PRESENT AT ROLL CALL: ABSENT: PRESIDING: Alderman Moran Alderman Tisdahl Aldermen Kent, Rainey, Wynne, and Bernstein None Mayor Lorraine H. Morton March 8, 2004 Alderman Feldman Alderman Newman Alderman Jean -Baptiste The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, March 8, 2004, at 5:14 p.m. in the Aldermanic Library. Alderman Tisdahl moved that Council convene into Closed Session for the purpose of discussing matters related to litigation, personnel and closed session minutes pursuant to 5ILCS Section 120/2 (c) (1) (11) and (21). Seconded by Alderman Feldman. (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. (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 — Moran, Tisdahl, Feldman, Newman, Jean -Baptiste, Bernstein. Voting nay — none. Motion carried t L_ 01. At 6:47 p.m. Alderman Tisdahl moved to reconvene into Open Session and recess. Seconded by Alderman Feldman. Motion carried. No nays. Mayor Morton reconvened the City Council at 8:36 p.m. in the City Council Chamber. Mayor Morton proclaimed March 14-20 Evanston Affordable Housing Week Illinois Association of Chiefs of Police Award Presentation Police Chiefs Bob Jones, Gurnee and Steve Neubauer, Elmhurst, presented the 2004 Community Policing Award to Evanston's Police Department. He explained the award is a statewide initiative to identify which community lives its community policing philosophy. Communities are judged on six dimensions: support of the City Council; partnership with the community (community survey and Police Advisory Board); pro -active policing (panhandling ordinance, collaboration with NU Police and elder abuse service); mission and values (all employees are involved with community policing); problem -solving skills; empowerment (Chief Kaminski empowers all employees to be problem solvers). There are 1,200 police departments in Illinois and Evanston is the 12th community to receive this award. This assessment done by the Illinois Association of Chiefs of Police (IACP), the Institute for Public Safety Partnerships and the Regional Institute for Community Policing and involved great effort by the Evanston Police Department. Chief Neubauer said the Evanston Police Department is a rare group to achieve this award. March 8, 2004 Chief Frank Kaminski recalled about eight years ago, he had a conversation with then Acting City Manager Judy Aiello, who asked him to serve as chief and spoke with him about expectations and priorities. She asked him to re-establish community policing efforts and raise it to a higher level. He then put in place some of the building blocks that are the foundation for today's partnership style policing. During those eight years they have had many accomplishments along with the evolution of the relationship between the community and Police Department. There have been many challenges, but the final result is a program with a great deal of community engagement and problem solving. He said their efforts have been acknowledged by IACP, which declared them to be good, effective and worthy of note. This is a defining moment for the department, community and for him personally. As they savor this success, they cannot be lax in their efforts and mindful that to retain the edge and momentum, they must continue to strive for improvement and excellence. Being recognized by one's peers is always an honor. He acknowledged acceptance of the award from his colleagues and was honored. At the same time he was humbled because he realized that the recognition resulted from everybody's efforts in the community, the men and women in the Police Department, the Mayor, Council, city manager, department heads, residents and community groups all of whom have worked to make Evanston a safer community. The award symbolized to him the value that Evanston places on partnership style of community policing and the City's support for that effort. He thanked the IACP for the honor on his and the department's behalf and thanked Evanston citizens for their support. Mayor Morton congratulated Chief Kaminski for his accomplishments and was proud of him. He was a police liaison officer 30 years ago and now she sees him rise to receive this honor. She thanked the Chiefs Association for the award. COMMUNICATIONS: City Clerk Mary Morris announced that in -person absentee voting continues in the City Clerk's office for the March 16 primary. Hours are 8:30 a.m. to 5:00 p.m. weekdays and this Saturday from 9:00 a.m. to 12:00 noon; the last day to vote absentee is Monday, March 15. CITIZEN COMMENT: Rafi2 Ghoswal, requested that the matter of 1168 Dodge Ave., be held for two weeks so they can talk to the landlord Joseph Freed & Associates, LLC. Mimi Peterson, 748 Wesley Ave., spoke about a reference to the Rules Committee by Alderman Newman to examine rules for responding to citizens who make erroneous comments. She understood the reference was centered on Council rules 6.5 and 6.6. In her absence, Alderman Newman referred to comments she made at the February 9 Council meeting. She read Council rule 6.5, which states that during citizen comment, aldermen responses are limited to requests for information, refer a matter to a committee or city manager. Rule 6.6 is about the alderman's right to address the Council on a point of personal privilege and is limited to cases where the member's integrity, character or motives are assailed, questioned or impugned. She stated this means when a citizen musters the courage to speak before them, aldermen generally do not speak or engage in discussion with citizens. If an alderman is personally attacked then they have the right to respond to the citizen. The result is that in call of the wards, an alderman can accuse someone, who is not present and has made no comment that evening, and attack the citizen's personal integrity, character or assorted untruths. She understood that Alderman Newman wished to alter the rules so that when a citizen is speaking an alderman may engage in a dialogue to correct the facts or prevent the spread of mis-information. She said this is a terrible idea; the fact she was there to clarify the record was demonstrative enough that this reference should be killed. It was not in the interests of the good of the order to give aldermen the right to mis-characterize the truth and sacrifice a citizen's reputation to save his own. On February 9, related to the pending settlement of the lawsuit between NU and the City, she said, "If you choose to act tonight to agree to these settlement terms you will choose not to act in the interest of the people of Evanston. You will provide for Northwestern University a federally binding document that supercedes City and state legislation and entitles them to virtually re -shape the landscape both east and west of Sheridan Road without any boundaries or guidelines set forth by the City of Evanston." Obviously she and Alderman Newman disagree on what is good for the future of Evanston, which was okay. However, she said one cannot escape the fact found in the federally binding document — the consent decree. Under Alderman Newman's rules change, had she been standing here, when he said she was spreading mis-information they could have turned to 47. Binding Appearance Review, page 5 of the March 8, 2004 consent decree: "The University and the City have agreed that all University properties in the current U3 District, (all east of Sheridan Road and not included in the Northeast Historic District) together with the T1 Excluded Properties and the T2 Excluded Properties (west of Sheridan Road), shall be exempt from binding appearance review as has been proposed by the City, and any similar future ordinance or proposal." She said they could have discussed #9, which is the 10 and 20 year moratoria governing T2 excluded properties which read: "The foregoing moratoria shall not restrict any maintenance of, renovations and repairs to, additions to, or demolition ...of the Moratoria Properties ...." Just because they have a staff -generated memo that says the effect is minimal, does not change the language of the consent decree and does not make it so. She knows all want this to go away and it is already a fait accompli. She understood Council's wish to forget this whole ordeal but said they would have to put it to bed with the facts in order publicly. Her comments could hardly be characterized as erroneous and are based on a binding document that Council handed to Northwestern for $700,000. Alderman Newman raised a point of personal privilege. He said that people who comment at Citizen Comment are free to come as often as they wish but at some point Council has an interest in getting accurate information to the public. What happened, just happened again. For the past 30-40 years the City has had an Appearance and Site Review Ordinance that has not been applied to the U3 area. There is no binding appearance review on the east side of Sheridan Road and binding appearance review does not exist in Evanston. The idea conveyed by this speaker was that somehow, in the consent decree, the City gave up something it had on Sheridan Road. Binding appearance review is an idea and may never happen. The Zoning Ordinance on Sheridan Road is strong, restrictive and the university is subject and will continue to be subject to a whole maze of rules in which the City can control the appearance and size of buildings and what is built. Alderman Newman said the information conveyed by the speaker was inaccurate because the consent decree, in part, preserves most of Sheridan Road. The idea was communicated to the community that the City gave up, did not have anything where there are rules and regulations. He said the purpose of his reference was that these inaccurate comments appeared on the front page of the Evanston Review. The City has an interest in the truth getting to the public and has to respond. It was one of the reasons they budgeted for a public relations person. Jerry Stermer, 2211 Grant St., 19-year resident lives in the Back Lot area and is proud of the City, schools and Police Department, but is confused. A neighbor moved into a senior citizen facility and put her tiny house up for sale. A developer asked for a zoning variance to put a large house on the tiny lot. They were stunned to go through the process at a zoning hearing in late February, which was called off. Then although no notices were mailed to them or posted about the first hearing, a hearing was held March 2. It was not clear to neighbors that this was the final decision that the proposal for a large house on a tiny lot was a "take it or leave it" proposition. They assumed, going to the zoning hearing, that they could have a conversation where that taxpayers in the neighborhood could raise questions about the appropriate size of the house and that maybe the developer would consider building a smaller house. They have learned a few things. They learned there is no process of appeal and that the decision of the zoning board does not come to this Council which he hoped he was mistaken about and that it does. They learned there was no possibility of negotiation. The zoning board granted the waiver to tear down the small house and build a much larger one. They also learned, sadly, there was no sense of affordable housing considered. So despite the proclamation the Mayor read, in his neighborhood, they will see a $750,000 house on a lot the developer bought for $100,000 that cannot sustain a four -bedroom, two -car garage, jumbo house that he proposed to build. They have learned there is no clarity of policy in the process. Did they not have an obligation to upgrade the housing stock? The neighbors applaud that good idea. This tiny old house should be replaced by a smaller house than is proposed by the developer. They learned there was no taxpayer advocate. There were 20 neighbors present at the zoning hearing who had no chance to interact in a negotiation style. The vote was up or down. While it was established by the chairman that they could ask for a continuance, they did not know what that meant. In fact it was clear to neighbors that this house was too large for the lot and they simply assumed the zoning board would say to the developer to go back to the drawing board, this house is too large for the space and we'll give you another chance. He hoped they will take a look at 2312 Hartrey and revisit this if within their power and if not, join them in some possibility of appeal through the courts. More importantly they ask that they re-examine and reform the process so the policy of affordable housing can be in all neighborhoods. In response to Mayor Morton, he stated the homeowner sold the property on a contingency that the zoning be approved. The developer will not live in this home and explained in a community meeting where he showed architectural plans, that he would market it for $750,000. March 8, 2004 Bettv Ester, 1806 Grey Ave., stated at the February 19 Housing Commission meeting, Michael Brown from the Burlington Development Association talked about the community land trust model. Many people attended but no aldermen were present. If they had been there, they would have seen clearly why most communities are moving to community land trusts to create affordable housing. A developer present asked the commission for $350,000 from HOME funds. He said $120,000 would create one townhouse and he wished to build three. He would then sell the townhouse, where the City had given him the money, for $275,000. The Housing Commission has struggled for a long time with how the City maintains affordable housing. There was no clear language because the law says they can only hold a deed restriction for a certain period of time. Someone asked who would monitor that? Would it be the pilot company when the person gets ready to sell. Michael Brown gave a presentation using figures given to the developer by the Housing Commission. If the City would give $120,000 to a community land trust, and the land is taken out, that house would sell for $155,000, which would reach a person at 68% of the median income, while the $275,000 is at 110% of the median income. There was discussion and people asked if that was what they wanted to keep doing. The Housing Commission said everybody is struggling to create affordable housing. Affordable housing, like property taxes, is a community issue. What do you want in your community? Who will live in your community. They speak of diversity of people and economics and if they talk about both, do they have to have affordable housing? They can have diversity of people and those at 110% of median income. Someone said that firefighters, police officers and teachers could not live here because they don't make that kind of money. To take taxpayers dollars that come through HOME funds and give them to someone who can sell a house in five years, walk away with a good profit to buy another house, that money is gone. The City tries to recapture its money. In a community land trust, that money stays with the land and they would have affordable housing. They will have another presentation and she hoped aldermen could be present. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: Change Order #1 with CCJM Engineers, Ltd.; Resolution 13-R-04 — Noyes Cultural Arts Center Leases; Appeal — 904 Hinman Ave.; Ordinance 28-0- 04 — Amendments to CityBOCA National Fire Prevention Codes; Ordinance 7-0-04 — Zoning Map Amendment: Rezoning a Ul District to Rl District; Ordinance; 23-0-04 — Special Use for 1168 Dodge Ave and Ordinance 29-0-04 — Planned Development 413-421 Howard St. Seconded by Alderman Moran. Roll call. Voting aye — Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean -Baptiste, Wynne, Bernstein. Voting nay — none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of February 23, 2004 and the Special City Council meetings of February 7, 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 February 26, 2004 and the City of Evanston bills for the period ending March 9, 2004 that those be authorized and charged to the proper accounts, summarized as follows: City of Evanston payroll (through 2/26/04) $1,853,247.32 City of Evanston bills (through 3/09/04) $1,669,662.66 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Pinel Andrews Construction for the Kelly Park renovation project at a cost of $114,210. (Funded from 2003-04 GO Bonds.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) March 8, 2004 * Approval of the sole -source purchase of consulting services from MKM Consulting for implementation of JD Edwards system at a cost not to exceed $273,600. (Funded in the budget and CIP.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #9a for the Fire Station #3 project with Skender Construction Co., increasing the project cost by $10,261.08, from $2,402,939.11 to $2,413,200.19. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #9b for the Fire Station #3 project with Skender Construction Co., increasing the project cost by $3,569.67, from $2,413,200.19 to $2,416,769.86. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #9c for the Fire Station #3 project with Skender Construction Co., increasing the project cost by $5,505.95, from $2,416,769.86 to $2,422,276.81. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #9d for the Fire Station #3 project with Skender Construction Co., increasing the project cost by $6,426.12, from $2,422,276.81 to $2,428,702.93. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the contract revision #1 for Elliott Dudnik & Associates for the Mason Park Field House Redevelopment Project, increasing the cost by $13,040 from $47,250 to $60,290. (Funded through GO Bonds and CDBG.) APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * ADDroval of Pronosed Calendar of 2004 Snecial Events — Consideration of the recommendation to approve special event applications received for events proposed in 2004, contingent on compliance of all requirements as set forth by the Special Event Policy & Guidelines. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * SDecial Event — Fountain Square Arts Festival — Consideration of a recommendation that the annual Fountain Square Arts Festival, on Church St. and Sherman Ave., be held June 26-27, 2004. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * SDecial Event — Custer's Last Stand — Consideration of a recommendation that the 32" d annual Custer's Last Stand be held June 19-20, 2004. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * SDecial Event — Annual Fourth of July Celebration — Consideration of a request of the Fourth of July Association to approve the annual Fourth of July celebration on July 4, 2004 and waive associated City costs. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Resolution 10-R-04 — Street Closure (Rickv Bvrdsone Memorial 5K Race) — Consideration of proposed Resolution 10-R-04, which authorizes the closure of a portion of Sheridan Road, from Lincoln to Church streets, for the 5d' annual Ricky Byrdsong race to be held June 27, 2004. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Resolution 11-R-04 — Street Closure (Northwestern Homecomine Parade) — Consideration of proposed Resolution 11-R-04, which authorizes the closure of portions of Sheridan Road, from Central to Clark streets, for the annual Northwestern University Homecoming Parade October 29, 2004. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) March 8, 2004 * Resolution 12-R-04 — Reimbursement Resolution — Consideration of proposed Resolution 12-R-04, which allows the City to reimburse itself for expenses on FY 2005 CIP projects incurred prior to the issuance of Series 2004 bonds in April. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 26-0-04 — Special Assessment #1464 — Allev Paving North of Pavne St., East of Lawndale Ave. — Consideration of proposed Ordinance 26-0-04, which authorizes the paving of the alley north of Payne St., east of Lawndale Ave. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 30-0-04 — Special Assessment #1465 — Allev Pavine North of Keenev St., East of Michigan Ave. — Consideration of proposed Ordinance 30-0-04, which authorizes the paving of the alley north of Keeney St., east of Michigan Ave. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 31-0-04 — Special Assessment #1466 — Allev Paving North of Dempster St., East of Dodge Ave. — Consideration of proposed Ordinance 31-0-04, which authorizes the paving of the alley north of Dempster St., east of Dodge Ave. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 35-0-04 — Four-Wav Stop Sims — Consideration of proposed Ordinance 35-0-04, which amends Section 10-11-5, Schedule V(D) of the City Code to add a four-way stop at Judson/Greenwood and a four-way stop at Judson/Greenleaf. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 38-0-04 — Declaring Citv Property as Surplus — Consideration of proposed Ordinance 38-0-04, which declares miscellaneous items, including a circulating large parts washer, modular computer system and miscellaneous vehicle parts as surplus property to be sold at the Fox Lake auction on April 3, 2004. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 12-0-04 — Aerial Easement for Clock — Church & Maple — Consideration of proposed Ordinance 12-0-04, introduced February 23, 2004, which grants an aerial easement for a clock on the public right-of-way for the Harris Bank at Church St. and Maple Ave. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 18-0-04 — Special Assessment # 1459 — Allev Paving South of Mulford St., East of Callan Ave. — Consideration of proposed Ordinance 18-0-04, introduced February 23, 2004, which authorizes the paving of the alley south of Mulford St. and east of Callan Ave. through the Special Assessment process. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 19-0-04 — Special Assessment #1460 — Allev Paving North of Hartzell St., East of Lincolnwood Ave. — Consideration of proposed Ordinance 19-0-04, introduced February 23, 2004, which authorizes the paving of the alley north of Hartzell St. and east of Lincolnwood Ave. through the Special Assessment process. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 20-0-04 — Special Assessment #1461 — Allev Pavine North of Main St., East of Weslev Ave. — Consideration of proposed Ordinance 20-0-04, introduced February 23, 2004, which authorizes the paving of the alley north of Main St. and east of Wesley Ave. through the Special Assessment process. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 21-0-04 — Special Assessment #1463 — Allev Pavine North of Davis St., East of Asbury Ave. — Consideration of proposed Ordinance 21-0-04, introduced February 23, 2004,which authorizes the paving of the alley north of Davis St. and east of Asbury Ave. through the Special Assessment process. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) fll HUMAN SERVICES COMMITTEE: March 8, 2004 * Approval of Township Monthly Bills — Consideration of a recommendation to approve the Township's Bills, Payroll and Medical Payments for February 2004 in the amount of $112,126.10. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) APPOINTMENTS: Mayor Morton asked that the following appointment be introduced: Samuel Thomas 803 Dodge Ave. Human Relations Commission Mayor Morton asked that the following appointments be confirmed: Don Gold I I I I Church St. For term ending March 15, 2007 Lois Roewade 933 Maple Ave. For term ending March 15, 2007 Naomi Sondak 2522 Cowper Ave. For term ending March 15, 2007 Robert J. Romain 1108 Harvard Tr. For term ending March 15, 2007 Stefano Mereu 1809 Livingston St. For term ending March 15, 2008 Janice S. Loughlin 476 Sheridan Rd. For term ending March 15, 2008 Kristen Fifles Rowe 141 Asbury Ave. For term ending March 15, 2007 Janet P. Sullivan 1300 Rosalie St. For term ending March 15, 2007 Katherine Best 1426 Chicago Ave. For term ending March 15, 2007 Arts Council Arts Council Arts Council Board of Ethics Energy Commission Environment Board Human Relations Commission Human Relations Commission Public Art Committee Mayor Morton asked that the following reappointment be confirmed: March 8, 2004 Adrienne N. Hirsch Public Art Committee 1019 Hinman Ave. For term ending March 15, 2007 * APPROVED — CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Resolution 13-R-04 — Noves Cultural Arts Center Leases — FY 2004-05 — Consideration of a recommendation which authorizes the City Manager to enter into one-year new and renewal resident artist leases for spaces at the Noyes Cultural Arts Center. Alderman Rainey moved approval. Seconded by Alderman Moran. Motion carried, no nays. Alderman Tisdahl supported the leases and requested to fulfill the community service obligations that all scholarships go to Evanston residents. Alderman Rainey asked Parks/Forestry & Recreation Director Doug Gaynor to clarify who can receive scholarships. Mr. Gaynor said community service is proposed by the lessee to a committee of staff and Arts Council members. After their review and approval, it is brought forward. The lease is negotiated with each artist, so he would have to go back to artists who have proposed scholarships, renegotiate with them and tell them Council has requested that all scholarships be for Evanston residents only. If that were acceptable, it would go into the lease and if not, they would have to pick a different community service. By not agreeing to do community service, they could not be a tenant at the Noyes Cultural Arts Center. Alderman Feldman asked if tenancy at Noyes was limited to Evanston residents? Mr. Gaynor said tenancy at Noyes Cultural Arts Center is not limited to Evanston residents only. Alderman Feldman asked if public service is a written criterion and did he have a copy of that. Mr. Gaynor said it was not provided in this packet. Alderman Rainey said one of the problems with a resident only policy is that they have organizations that rent space there and she was not sure how they could limit tenants to Evanston residents only. However, given there are few tenants providing community service that don't have an Evanston residence, she saw no problem with having scholarships go only to Evanston residents. Alderman Rainey said it could be that Evanston residents are receiving the scholarships and perhaps they could find that out. The few leases that don't specifically state "Evanston only residents" could be pulled and re -negotiated. Mayor Morton asked what he was reading from that indicated that leases could go to persons outside of Evanston? Mr. Gaynor said there are a couple of long-term lessees that are not to Evanston residents. Mayor Morton said this could be solved by going back to the records to determine what was intended when the school district sold this property to the City for a dollar. Mr. Gaynor said he understood the lessees were to provide scholarships only to Evanston residents and he was not sure there was a reference to tenants. Alderman Tisdahl wanted Evanston residents, who pay the taxes to support the Noyes Cultural Arts Center, to be the recipients of scholarships. Seconded by Alderman Jean -Baptiste. Alderman Feldman asked if the motion was that Mr. Gaynor go back to lessees who have indicated no restriction on their scholarships and re -negotiate the lease. Alderman Tisdahl agreed. Alderman Bernstein asked if there is a waiting list of Evanston residents who want to rent space at Noyes and are precluded because non-residents have leases? Mr. Gaynor said three studios became available, with at least five artists who wanted to lease space. Does the City give preferential treatment to Evanston residents? Mr. Gaynor did not know that they do. There are non-resident artists who have been at the center for 15 years. He thought the Mayor's suggestion to go back to the originating ordinance to see the policy was good. Alderman Moran had a problem with the motion; noted the leases are negotiated and was not sure he understood the implications of the motion. It may be that if a tenant does not agree to the demand they will not get a lease, in which case they would have tenants who thought they had a lease, but would not have one after that night. This motion could be ominous to March 8, 2004 those who did not know such a demand was made. He also was concerned because without any understanding of who receives scholarships, he knows the City has many programs where people receive scholarships who are not residents and many times there are good reasons for that. He had no problem with going back to lessees and discussing specific implications but was uncomfortable mandating something when there has been no consultation with those affected. Alderman Jean -Baptiste said the proposals to give scholarships fulfills the community service requirement, which is in exchange for discounted rent and community service was to give back to the Evanston community. He asked if that was correct or was it community service in the abstract? Mr. Gaynor said in many cases community service is provided at a school by teaching a class or conducting a workshop in some art medium. Alderman Jean -Baptiste confirmed that these artists don't go to Highland Park to perform community service and was consistent with the City's policy that scholarships ought to be provided to Evanston residents. This is really a subset of the policy they have in place. He thought they ought to adopt the policy, communicate that to the artists, then look at them individually. Alderman Wynne reported reading through the community service requirements and all are in Evanston except for one. She found the Hirschfield's lease gives one full scholarship for an art class. All the rest mention scholarships and state for Evanston residents only. As far as she could tell all community service was taking place in Evanston. She asked if they could take one off and approve the rest, noting the leases began March 1 so they are all holdovers. Alderman Wynne moved that they approve all leases except the Hirschfield lease. Seconded by Alderman Bernstein. Alderman Feldman said this was a non -issue and no reason to believe Hirschfields would give a scholarship to somebody from Rockford. Mr. Gaynor suggested Council approve all leases; he would go back to the Hirschfields and did not think they would have a problem complying with Council's wishes. Alderman Wynne withdrew her motion. The vote was on the original motion to approve. Voice vote, motion carried. no nays. Alderman Rainey reported that Change Order #1 to the professional services contract with CCJM Engineers, Ltd. for Back-up Data Center & Emergency Generator Project had been withdrawn. PLANNING & DEVELOPMENT: ADDeal — 904 Hinman Avenue — Consideration of the appeal of the owner of 904 Hinman Ave. regarding the replacement of original steel casement windows with aluminum double -hung windows without a Certificate of Appropriateness or building permit. Alderman Kent reported that this item was held in committee. Ordinance 28-0-04 — Amendments to Sections of the Citv Code and BOCA National Fire Prevention Code — Consideration of proposed Ordinance 28-0-04, which amends Section 4-5-2 of the City Code with Modifications to Section F-502 and F-503 of the BOCA National Fire Prevention Code regarding life safety/sprinkler retrofit ordinance. Alderman Kent reported that this item was held in committee. Acting Chief Berkowsky will bring back more information. They have suggestions from people who would be affected by this, funding sources and the eight -year extensions because many cannot afford sprinkler systems. Ordinance 7-0-04 — Zonine Mal) Amendment: Rezonine of Kendall Colleee — Consideration of proposed Ordinance 7-0-04, introduced January 12, 2004, which approves a recommendation of the Plan Commission to rezone the area bounded by Sherman, Lincoln, Orrington and Colfax from Ul to Rl. Alderman Kent reported the committee recommended that this item be tabled. Neighbors and the developer are still discussing. Alderman Kent moved Ordinance 7-0-04 be tabled. Seconded by Alderman Bernstein. Motion carried. No nays. Ordinance 23-0-04 — Special Use for 1168 Dodge Ave. (TvDe 2 Restaurant) — Consideration of proposed Ordinance 23-0-04, introduced February 9, 2004, which approves a recommendation of the ZBA to grant a special use for a Type 2 restaurant (Gold Coast Dogs) at 1168 Dodge Ave. 10 March 8, 2004 Alderman Kent moved that this item be tabled for two weeks at Council. Seconded by Alderman Jean -Baptiste Ordinance 29-0-04 — Planned Development — 413-421 Howard St. — Consideration of proposed Ordinance 29-0-04, which approves a recommendation of the Plan Commission to grant a planned development at 413-421 Howard St. Alderman Rainey moved approval. Seconded by Alderman Moran. Alderman Rainey asked for a presentation on this development so the community could see what is being proposed for the 400 block of Howard Street. The four lots have been vacant since she came to Evanston in 1960. In 1929 there was a permit for a one-story lunchroom on one of the four lots that became the Pioneer Restaurant. They saw an earlier photograph showing the Chicago side with a view of the lots in 1900 and they were vacant. The property tax on the four lots is the highest it has been, $16,300 annually for four buildable lots. The projected planned development upon occupancy will generate between $600-720,000 in taxes. She said it is a spectacular development and the beginning of the rebirth of Howard Street, was needed desperately and a beautiful design done by an architectural firm. Jack Lawlor from the Sonnenschein law firm introduced the team: Bristol Chicago Development, LLC, applicant; Bill Walsh, principal with that firm; Bill Patrun and architect Jim Curtain from Solomon, Cordwell, Buenz Architectural firm. Mr. Lawlor said they were excited about the project and saw it as a means to implement a vision in the recent comprehensive plan -- a vision articulated in the newly adopted TIF district for Howard Street. The vision is a gateway to Evanston statement that will anchor this part of Howard Street and a portion of Evanston that is relatively isolated. He described the site as on the north side of Howard Street with the CTA yards to the north in an industrial zone. Flanking the site on each side is a B3 district, which the property is in. To the east are two and three story commercial buildings with residential on top. To the west is an auto repair shop and on the corner of Howard/Clark/Chicago, a bookstore. The City of Chicago's TIF district is immediately to the south. The Gateway Shopping Center is the anchor with the LTA's new parking garage and bus terminal. Directly south a residential building is being converted. Calvary Cemetery and the CTA yards are to the north. The layout of the property is a challenge. The site has 281 feet of frontage on Howard Street and 85 feet of depth. They will come later to ask that the alley to the north and immediately south of the CTA yard be vacated to take advantage of an additional 16 feet. They will dedicate the eastern 16 feet of the site back to the City to create a substitute alley system that will function better than what is there now. Jim Curtain showed the ground floor plan with commercial space, hospitality room, offices for the building, support areas, a lobby and entrance to parking on the west of the site. There will be 245 spaces for parking and 221 units of which 75% will be studios and one -bedrooms and the remainder two -bedroom apartments. The two -bedrooms have views in all directions. Balconies are on all units and are integrated into the design of the building. The base of four stories contains the parking spaces. Articulation on the exterior includes brick, limestone and the openings to the garage are treated with perforated metal and glass as well as mullions. The building above is architectural concrete with a variety of reveals and articulation to give detail and character. Two different paint colors will be used. He showed some perspective views from the building. To enhance the streetscape, they have a canopy the full length of the property, which connects the main entry to the parking entrance. They look to blend into the neighborhood and establish rich materials and colors to bring a certain character and style. Mayor Morton thanked all for the presentation and Alderman Rainey for her work to upgrade Howard Street. Alderman Rainey praised the staff, Site Plan & Appearance Review Committee, Judy Aiello and Dennis Marino. She also praised Arthur Alterson, who did a great job on this project. She said it was presented to the Rogers Park Builders Association and received wonderful acceptance from people who are competitors and thought it would enhance the community. Alderman Joe Moore, 49t' Ward, supports this project. She stated working with Mr. Curtain and the Bristol firm had been wonderful. In response to Mayor Morton, Bill Patrun, Bristol Chicago Development, said they hoped to start building in late fall. They envision a 20-month construction schedule and occupancy sometime in June 2006. 11 March 8, 2004 Roll call. Voting aye — Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean -Baptiste, Wynne, Bernstein. Voting nay — none. Motion carried (9-0). HUMAN SERVICES COMMITTEE: Alderman Bernstein reported a wonderful hearing on the expansion of the Clean Air Ordinance. The committee will meet again on April 12 to discuss the proposal. He noted the intent of some is to make Evanston smoke -free; encouraged people with concerns and information on either side of the issue to submit their comments in writing to the committee. CALL OF THE WARDS: 5thWard. No report. 6th Ward. No report. 7th Ward. In response to Mr. Stermer's concerns, Alderman Tisdahl asked the Legal Department to look at the way the City informed the neighborhood about the ZBA hearing. All knew about the first hearing, which was cancelled due to lack of a quorum. Whether the second hearing was properly noticed or not is a small part of her concern. She asked the city manager to keep the ZBA appraised of Council's wish to have diverse housing stock in Evanston. She noted that nothing is affordable here anymore. She realized the ZBA is an independent group and deferred to that. 81h Ward. Alderman Rainey thanked neighbors in the 8th Ward who sent letters praising the Howard Street project and thought morale was changing there. She said there would be some planning for the rest of Howard Street. 91h Ward. Alderman Feldman was delighted that the Council approved the project on Howard. In his time on Council he has witnessed significant improvements to the City and welcomed them all. Some are standouts that lead to other things and he thought this building on Howard would be that. He hoped it would be the beginning of a regeneration of a neighborhood that through the years has been a great contributor to the political, social and intellectual culture of Evanston. In addition to its significance, he stated it was a good-looking building. He congratulated Alderman Rainey on her good work. V Ward. Alderman Newman spoke about Sheridan Road; said the consent decree was a complicated issue and important to lst Ward residents. He could understand people who opposed it, but all he ever wanted was for the people who reside there to have a true representation of what happened. After the initial Citizen Comment session where "reckless comments" were made, a resident called and asked if he had to sell his house now. He said there never have been any complaints about the appearance of buildings on the east side of Sheridan Road, which is mostly green space and the university has some of the best architecture in the City there. The preservation district was always about demolition and what properties could be demolished. On the west side of Sheridan Road they ended up with about 16 houses, four of which are subject to the historic district for a 10-year period. To have 15t Ward people think the City turned over the keys to the university when nothing was changed on Sheridan Road and virtually all properties kept in the original historic district was unfair to people in the I" Ward. To the extent that the City's process was used to create a false impression, was problematic. The Council has a great interest in getting the truth out so people understand what is happening in their neighborhoods. He did not think they gain as a community when somebody does not have the facts about a situation or about what Council does. Let people decide whether the decision was good or bad. He did not want 1st Ward residents to be scared unnecessarily. He said some of the toughest restrictions exist on the west side of Sheridan Road. Alderman Newman congratulated the Chief Kaminski and the department on the 2003 crime statistics and acknowledged the contribution of Council to the resources of the Police Department. He noted in 1997 there were 7,769 crimes and in 2003 that was reduced by more than 4,000 to 3,611, an amazing statistic. He said the community is safer, not perfect, but in almost every category, crime has gone down substantially. He thanked the chief and the department for great work. At the public debate on a smoke -free Evanston, he recalled that the Davis Street Fish Market was mentioned repeatedly. 12 March 8, 2004 He said this restaurant probably has the best "no smoking" section in town, which is large. A small doorway leads to this section and sometimes that door is closed. He felt this issue is being generated by people who live outside of Evanston to a large degree. It is an important issue and they ought to give it a lot of consideration. They may have to look at Evanston's Clean Air Ordinance, which has been in effect for a long time. More than 70 restaurants are smoke -free. He noted the Council worked a long time to get music venues here. A point made for a statewide ban is will they continue to get music establishments, if all the competitors in the City of Chicago are allowed and operate under different rules. The City had the Blues Club and would it have come if they had said in the beginning that they would have to become smoke -free? They are changing the rules in the middle of the game, which is problematic for people making large investments. He said the Evanston people supporting a smoke -free Evanston are the most sincere people and he respected their concerns about public health. They mean well and it is a tough situation and hoped they could proceed with good faith to resolve this. 2nd Ward. Alderman Jean -Baptiste reminded all to vote in the Primary Election on March 16. Yd Ward. Alderman Wynne reminded 3rd and 4d Ward residents that Wednesday, March 10 the Plan Commission would discuss rezoning the corner of Chicago/Main at 7:00 p.m. in Room 2200. Current zoning at the corner of Chicago/Main permits a 125-foot high building to be built. The Zoning Subcommittee of the Plan Commission has met on this issue. There is a large concern about that building height in the community. 41h Ward. Alderman Bernstein congratulated Chief Kaminski and the department on the award and encouraged all to attend the Citizens Academy at the Police Department. He noted Council approved an easement for a clock at the Harris Bank and asked the bank to maintain it and not let it get into disrepair. He thanked Betty Ester for her comments about community land trusts; said there would be a joint meeting of the P&D Committee and the Housing Commission and encouraged Michael Brown to attend. He thought the community land trusts were the wave of the future, especially in a community that is unaffordable for most. He, too, urged people to exercise their right to vote on March 16. There being no further business to come before Council, Mayor Morton adjourned the meeting at 10:20 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.