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HomeMy WebLinkAbout04_12_05_ccCITY COUNCIL April 12, 2005 ROLL CALL - PRESENT: Alderman Tisdahl Alderman Jean-Baptiste Alderman Rainey Alderman Bernstein Alderman Newman Alderman Moran A Quorum was present. ABSENT:Alderman Feldman, Kent, and Wynne PRESIDING:Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, April 12, 2005, at 9:12 p.m. in the Council Chamber. ANNOUNCEMENTS: Human Relations Commission Executive Director Paula Haynes announced the Summer Youth Employment Program job fair Saturday, April 23, from 8:00 a.m. to 3:00 p.m. in the Civic Center. City Manager Julia Carroll announced an orientation for the new Council would not be held on April 28, as planned. CITIZEN COMMENT: Robert Mark, 2400 Grant St., supported what Three Crowns Park is doing and said he is a graduate of Northwestern University. He noted that Alderman Newman introduced an interesting concept when they discussed the public benefit of a variance for Three Crowns. When the P&D Committee voted on the ordinance it looked as though it was voted on because of the issue of cash. He felt that if the City wants to give a variance because they believe in what Three Crowns is doing and the public good they serve, then give them the variance. Cash would be lost in the General Fund and a travesty, while buying a fire truck or doing something at the library was okay. Vicky Pearlman, 2428 Grant St., said the plan before them was an excellent compromise between Three Crowns and the neighborhood. The building is architecturally appealing, adequate setbacks from the street are provided and the greatest amount of green space is retained. The plan also allows for preservation of many of the existing trees. She believed the rights of the elderly need to be championed by all who live here; lives in Evanston because the community offers diversity and cares for citizens of all ages. She encouraged voting for the plan because this offers senior citizens a place to live with grace, dignity and respect in a neighborhood setting. Judy Fiske, 2319 Sherman Ave. said when the nomination was brought forward to landmark the Kendall College administration building, it was in response to an ordinance on the table now to change the zoning of that site to R1. It was never an effort to hold up the developer. The developers plan called for the site to be rezoned to R4, in which land- marking this building would not apply. The neighborhood strongly supports rezoning the property to R1 and retaining the administration building. If the site is rezoned R1, the administration building could not remain because it is not an R1 use, but is worthy of being land-marked. The Preservation Commission voted unanimously to land mark it. They are trying to find a way to have affordable units on that site with R1 zoning. The developer has said they would be interested in redeveloping the administration building under proper conditions and has said he may not develop this property and it may go to another developer. In that case, if the building is land-marked, it gives an opportunity to remain on the site as affordable units. She hoped for support. Tom Gemmel, 720 Colfax St., a chair of the Kendall Task Force created by the P&D Committee and a director for Kendall Neighbors, stated the proposed ordinance to rezone the property as R1 is supported by more than 240 signatures of neighbors surrounding the site. The administration building provides an option for whatever density may ultimately be allowed by Council. To preserve that option, however, the building must be land-marked for the underlying zoning. 2 April 12, 2005 It is not protected otherwise. An objective of the Comprehensive General Plan is to explore and create additional historic designations and identify significant historical structures, including the process of land-marking. It was not contemplated that all structures needed to have been identified and land-marked at any particular time. If the structure meets the criteria of the Preservation Commission, it is appropriate to land-mark it. The Preservation Commission has identified this as appropriate, that it has met the criteria and recommended landmark status. On behalf of Kendall Neighbors and the Task Force, he reiterated that if they dont choose to land-mark this building, they should not allow the developer additional density on the interior of that property because that option would have been taken away. Clare Delgado, 823 Colfax St., has lived in the Kendall College neighborhood for 35 years. Many friends she grew up with have moved back to the neighborhood for the surroundings, the beautiful architecture and all love the stately administration building. She hoped they would vote in favor of land-marking the building. It has more ramifications than historic preservation and is one way to guarantee affordable housing. Several aldermen have stated they want to see this property zoned R1 and the only way to keep this building from being razed is to land-mark it. She thought if they dont preserve this building, they will end up with a development that looks like it belongs in Gurnee. This also maintains some modicum of integrity to the neighborhood. Joe Caprile, 2615 Colfax St., said Three Crowns Park is a considerate neighbor. He appreciated the need for extended care facilities in the community and respected their need to expand and compete in the marketplace. He opposed one aspect of the development, which is the increased height of the building over the existing R4 zoning requirement. This was his position--one shared by over 130 neighbors who signed a petition. There has been ongoing dialogue with Three Crowns about the proposed development. During that time they have demonstrated that the full development could be done within the height requirement of R4 zoning, which is 2-‰ stories or 25 feet in lieu of their proposed design at 4 stories and almost 50 feet high. The existing requirements under R4 zoning are appropriate because they intended that the buildings in the neighborhood respect height and setbacks of the adjoining residences, which are actually the same. He thought the increased height was inappropriate especially in the area where the buildings are closest to sidewalks and streets. There has been a proposal that the increased height provides more open space. He believed that a bit of a myth. The increased grass is minimal, less than 1% of the total site. Increased height will leave them with a feeling that is inappropriate to this community. The concept of scale of a building is a difficult concept to comprehend, but once a building is built, they always know when it is a mistake. Tonight they have an opportunity to prevent a mistake. Ed Finicel, 2149 Pioneer Rd., agreed with the previous speaker. The site has plenty of green space now and nobody likes to see extra green space taken up. He was more concerned about additional height and granting an exception in this case and what they will do when future requests come in from other developers who see this as a precedent. He did not think the plan was appropriate for the neighborhood. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Ordinance 51-O-05 - Amend City Code to Increase Parking Tax; Ordinance 52-O-05 - Amend City Code to Increase Parking Meter Rates; Ordinance 46-O-05 - Elm Tree Injection Program; Ordinance 10-O-05 - Planned Development - 1228 Emerson St.; Ordinance 33-O- 05 - Addition to Retirement Community - 2320 Pioneer Rd.; Ordinance 122-O-04 - Landmark Nomination for Wesley Hall - 2408 Orrington Ave.; Resolution 24-R-05 - Reject Landmark Designation for Wesley Hall and Ordinance 40-O-05 - Special Use request for a convenience store at 555 Howard St. Seconded by Alderman Rainey. Roll call. Voting aye Tisdahl, Rainey, Newman, Jean-Baptiste, Bernstei n, Moran. Voting nay none. Motion carried (6-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of March 28, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) *Approval, as recommended, of the City of Evanston payroll for the period through April 7, 2005 and City of Evanston bills for the period ending April 12, 2005, authorized and charged to the proper accounts: City of Evanston payroll (through 04/07/05) $2,309,840.32 3 April 12, 2005 City of Evanston bills (through 04/12/05) $3,309,069.05 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Approval of the proposed 2005-06 Cultural Fund Grant program awards totaling $28,250. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Approval of a sole-source contract with Hastings Air Energy Control in the amount of $17,561 for vehicle exhaust vent equipment for Fire Stations 1 and 2. (Funded in the Fire Department FY 2005/06 operating budget.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Approval of contract renewal with Steves Equipment Se rvice for the amount of $18,462 for annual rental of a loader and excavator for sand removal. (Funded in the Parks/Forestry & Recreation FY 2005/06 Operating Budget.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Approval of the lowest responsive and responsible bid from George W. Kennedy Construction Co. for the 2005 Cured in Place Pipe (CIPP) lining contract at a cost of $185,795. (Funded in the Sewer Fund.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Approval of the lowest responsive and responsible bid from Crescent Printing, Inc. for printing quarterly Highlights. (Funded in the FY 2005/06 operating budget for the Community Information Coordinator in the City Managers Office.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Approval of contract extension for Hammerschlag and Co. for an amount not-to-exceed $45,000 for parking garage consulting services. (Funded by TIF Funds.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) ■ ■ ■ ■ * Resolution 23-R-05 - Fence License - Consideration of proposed Resolution 23-R-05, which grants fence license to 3428 Park Pl. * APPROVED-CONSENT AGENDA MOTION & ROLL CALL (6-0) * Resolution 22-R-05 - Authorizing a Lease Agreement - Consideration of proposed Resolution 22-R- 05, which authorizes the City Manager to enter into a Lease Renewal Agreement with the League of Women Voters for office space in the Civic Center, located at 2100 Ridge Ave. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Ordinance 50-O-05 - Increasing Class B Liquor Licenses - Consideration of proposed Ordinance 50-O-05, which amends Section 3-5-6(B) of the City Code to increase the number of Class B liquor licenses by one from 11 to 12 for Golden Olympic, 1608 Chicago Ave. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 42-O-05 - Weapons Ordinance - Consideration of proposed Ordinance 42-O-05, which amends Title 9, Chapter 8 of the City Code with regard to Weapons. * MARKED INTRODUCED CONSENT AGENDA PLANNING & DEVELOPMENT: * Ordinance 5-O-05 - Amending Certain Sections of Title 4, Chapter 2 of the City Code - Consideration of staffs recommendation to adopt, by reference, the International Building Code, 2003 Edition and amendments. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 26-O-05 - Amending Certain Sections of Title 4, Chapter 7 of the City Code - Consideration of staffs recommendation to adopt, by reference, the National Electrical Code, 2005 4 April 12, 2005 Edition and amendments. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 27-O-05 - Amendment to the Evanston Housing Regulations, Title 5, Chapter 1 of the City Code - Consideration of staffs recommendation for adoption of the International Property Maintenance Code, 2003 Edition with amendments that include provisions for building security. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 28-O-05 - Amending Certain Sections of Title 4, Chapter 6 of the City Code - Consideration of staffs recommendation to adopt, by reference, the International Plumbing Code, 2005 Edition and amendments. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 29-O-05 - Amending the International Fire Code & NFPA Life Safety Code 101 - Consideration of staffs recommendation to adopt, by reference, the International Fire Code, 2003 Edition and the NFPA Life Safety Code 101, 2003 Edition and amendments. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 30-O-05 - Amending Certain Sections of Title 4, Chapter 11 of the City Code - Consideration of staffs recommendation to adopt, by reference, the International Residential Code for One-and-Two-Family Dwellings, 2003 Edition and amendments. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 31-O-05 - Amending Certain Sections of Title 4, Chapter 21 of the City Code - Consideration of staffs recommendation to adopt, by reference, the International Fuel Gas Code for, 2003 Edition and amendments. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 41-O-05 - Amending Certain Sections of Title 4, Chapter 9 of the City Code - Consideration of staffs recommendation to adopt, by reference, the International Mechanical Code for, 2003 Edition and amendments. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 48-O-05 - Amending Title 4, Chapter 18 of the City Code Property Services Board Regarding the Hearing of Certain Appeals - Consideration of staffs recommendation to adopt, by reference, the amendments to the Property Services Board regarding the hearing of certain appeals. * MARKED INTRODUCED CONSENT AGENDA * Sidewalk CafØs for Type 1 and Type 2 Restaurants at Various Locations - The Site Plan & Appearance Review Committee has recommended approval of the following sidewalk cafØs: Liquid CafØ and Einstein Brothers Bagels. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Resolution 21-R-05 - Reserving Bond Volume Cap for 2005 - Consideration of the reservation of right to issue $5,948,800 in revenue bonds for eligible private activities. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) * Ordinance 49-O-05 - Special Use and Major Variation Request for an Automobile Service Station at 2450 Main St. - Consideration of the recommendation, introduced March 28, 2005, of the Zoning Board of Appeals to grant a special use and a major variation for an automobile service station at 2450 Main St. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (6-0) APPOINTMENTS: Mayor Morton asked the following appointments be introduced: Joanna Felder Arts Council 816 Michigan Ave. 5 April 12, 2005 Marilyn Price Arts Council 2430 Prairie Ave. David Kaiser Ladd Arboretum Committee 620 Custer Ave. Marcus W. Casady Playground & Recreation Board 1521 Greenleaf St. Mary Beth Whalen Playground & Recreation Board 1109 Grove St. Lori Summers Zoning Board of Appeals 1830 Ridge Ave. * INTRODUCED CONSENT AGENDA Mayor Morton asked the following appointments be confirmed: Tiffany Farriss M/W/EBE Committee 618 Hinman Ave. For term ending April 30, 2007 Joanna Goodson M/W/EBE Committee 1208 Fowler Ave. For term ending April 30, 2007 Vaughan A. Jones M/W/EBE Committee 1732 Dobson St. For term ending April 30, 2007 * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Alderman Moran reported that Ordinances 51-O-05, 52-O-05 and 46-O-05 were held in committee. Ordinance 51-O-05 - Amends Title 3 of the City Code - Increase Parking Tax - Consideration of proposed Ordinance 51-O-05, which amends Title 3 of the City Code to increase the parking tax. Ordinance 52-O-05 - Amends Title 10 of the City Code - Increase Parking Meter Rates - Consideration of proposed Ordinance 52-O-05, which amends Section 10-11-12, Schedule XII of the City Code to increase the Parking Meter Rates. Ordinance 46-O-05 - Amends Title 7, Chapter 8 of City Code - Provide Elm Tree Injection Program - Consideration of proposed Ordinance 46-O-05, which amends Title 7, Chapter 8 of the City Code to provide for an Elm Tree Injection Program. PLANNING & DEVELOPMENT: Ordinance 10-O-05 - Zoning Planned Development - 1228 Emerson St. - Consideration of the findings and report of the Plan Commission, introduced March 28, 2005, to rezone to R5 from O1 and grant 6 April 12, 2005 a planned development for 50 condos with 87 parking spaces at a height limited to the R5 maximum of 50 feet or 5 stories. Alderman Tisdahl moved approval of Ordinance 10-O-05. Seconded by Alderman Moran. Alderman Newman supported rezoning this site and understood the developer will make a $25,000 contribution toward affordable housing, a minimal contribution. This lot has been vacant for 15 years and they are getting 49 units at this site, which is good for the City. The developers figures were revi ewed by Marty Stern (Citys real estate consultant) and were represented to them that this site could not afford to have a significant amount of affordable housing. If the City had an Inclusionary Housing ordinance at the beginning of this process, which mandated substantial set-asides by this developer, chances are this developer may not have come. He praised Alderman Jean-Baptiste for mediating this project and recognizing that it was more important to have development at this corner than some other goal that was not doable due to financing. He cautioned that they must be careful what they do in the future because development of similar lots that have been vacant for a long time is important to the City. He stated they got this through because they analyze on a case-by-case basis whether affordable housing would work. Alderman Jean-Baptiste clarified that when the consultant reviewed the project, it was to determine whether it could be done with fewer units and was not commenting on the affordable issue. As the project developed, with give and take with neighbors, some concessions were made such as repaving the alley, burying utility lines and various other concessions that had greater financial value. Because the neighborhood would have been impacted, it was necessary to negotiate these compromises. The developer is giving back in other ways and that dormant lot will be developed and cleaned. The affordability of units was not an issue that was traded off through advice of the consultant. There was discussion of the totality of the project and its impact. Roll call. Voting aye Tisdahl, Rainey, Newman, Jean-Bapti ste, Bernstein, Moran. Voting nay none. Motion carried (6-0). Ordinance 33-O-05 - Planned Development for an Addition to the Retirement Community at 2320 Pioneer Rd. - Consideration of the findings and report of the Plan Commission, introduced March 28, 2005, to grant a requested Planned Development for Three Crowns Park at 2320 Pioneer Rd. Community Development Director James Wolinski read the following amendments: On page 3, second whereas clause, WHEREAS, the Planning and Development Committee of the City Council at its March 14,2005, March 21, 1005 and April 11, 2005 meetings considered the record in this Case No. ZPC 04-10-PD&M and adopted the findings and recommendations of the Plan Commission with modifications: and Page 3, third whereas clause, WHEREAS the City Counci l at its March 14, 2005, March 28,2005 and April 12, 2005 meetings considered and adopted the respective records, findings and recommendations of the Plan Commission and the Planning and Development Committee. Section 2: That the City Council hereby adopts the findi ngs and recommendations of the Plan Commission and the Planning and Development Committee and approves a special use for a planned development permitting the construction and operation on the property commonly known as 2320 Pioneer Road, and legally described in Exhibit 1 attached hereto and made a part hereof, of an expansion of the existing retirement community to accommodate a maximum of 122 residential units in multistory buildings with a maximum roof height of 44.4 feet and a minimum of 120 off-street parking spaces in conformance with the R4 General Residential District in which the property is located, the approved Planned Development Plan (with such revisions made during final design as may be required for construction and City Code compliance), attached hereto as Exhibit 2, hereby made a part hereof, and the terms and conditions of this Ordinance. Page 5, Section 4 E, The applicant shall comply w ith the Evanston Zoning Ordinance and Evanston Preservation Ordinance and shall not undertake any additional new construction for its facility which would encroach on the open green space as set forth on the Site Plan without the explicit approval of the Evanston City Council. Alderman Tisdahl moved approval of Ordinance 33-O-05 as amended. Seconded by Alderman Moran. 7 April 12, 2005 Alderman Tisdahl thanked neighbors who worked hard on this, made many excellent contributions, and to her personally, the tilt of the ramp because she would have not known that it was the solution for driving safety. Alderman Newman noted Section 4E, has a change of language. Some concern was expressed as to whether the change softened the intent of the Council. He did not think it did. The project would have allowed as a matter of right, 3 stories. The City is giving an allowance of 4 stories and the principal public benefit is the owner has agreed to maintain the green space. If the owner wants to do something else there, he will have to get Council to withdraw that condition. The intent of the committee was to maintain the green space. The neighborhood is getting a 4 story building here and that is not easily obtained in the 6th Ward. There is a moratorium on Central Street to knock down the height of commercial buildings. Previously they went through a process where some residences were going to be restricted to 24 feet height, so allowing this owner to go to 40 feet is significant considering what has been going on in that ward. He hoped if this owner comes back and wants to do something with the green space, that Council will be respectful of this condition. Alderman Moran complimented all who brought this issue to this point. Three Crowns did an extraordinary job proposing a project that allows them to carry forward their laudable goal of providing caring assistance in a residential setting to senior citizens, which is essential to maintaining diversity in Evanston for people of all ages. They have done so in a way that allows elderly residents to live in a beautiful place and unique area of town in the middle of residences. They have a lovely campus setting that they have maintained for many years along side Lincolnwood School and Perkins Woods is nearby. He saw it as a great benefit to the neighborhood and Evanston to approve this project so that Three Crowns can continue its mission. He noted they have attended and hosted many meetings and he thanked them for their patience, perseverance and their dedication to duty. He believed the project will be an overall benefit to this neighborhood. He saw it as a pretty project with some change, which is always difficult but good change. He thanked neighbors who were involved in the dialogue that he found remarkable. Two rounds of dialogue occurred, one about a year and a half ago and another about eight months ago. There was great dedication to the neighborhood enunciated by those who spoke that evening and at other meetings. The dialogue was positive; changes were made in the project that all involved believe are good changes. There was sensitivity shown on both sides; by Three Crowns wanting to be a good neighbor and many neighbors who weighed in with the best of intentions to partner with Three Crowns to have it be the good project that it is. He conveyed his compliments and best wishes to all who were involved in the project; congratulated them on their patience, perseverance and commitment to their mission and the neighborhood. He recommended Council approve the ordinance. Alderman Bernstein noted all people involved have said that Three Crowns has been a wonderful neighbor in large part by allowing the community to use this large park-like area. He understood that in addition to lack of development, the green space will continue to be used as it has in the past. He noted Evanston is a City with many non-profit institutions and a lot of land is not on the tax rolls. His vote for the 4th story was in large part due to Three Crowns statement that the marketability of the units will be enhanced by the lack of distance from residences. The project will be a 3 and 4 story structure. Payment in lieu of taxes is recognition that they will have an economic benefit by their own testimony. To the extent that there are additional constraints put on the Citys infrastructure and the fact is that Three Crowns is voluntarily giving a payment of $60,000 a year for an extended period and should be commended. Other non-profits should look to Three Crowns as a precedent setter in terms of giving to the community. Another developer, Ferris, repaved an alley as a public benefit and gave $25,000. He hoped to see more such payments as part of a public benefit in the future; thanked Three Crowns and neighbors for working this out. Alderman Newman gave credit to the City Manager for negotiating a payment-in-lieu of taxes. Roll call. Voting aye Tisdahl, Rainey, Newman, Jean-Bapti ste, Bernstein, Moran. Voting nay none. Motion carried (6-0). Ordinance 122-O-04 - Landmark Nomination for 2408 Orrington Ave. - Kendall College/Wesley Hall - Consideration of the recommendation and report from the Preservation Commission to designate 2408 Orrington Ave. (Wesley Hall) as an Evanston Landmark. 8 April 12, 2005 Alderman Tisdahl moved that Ordinance 122-O-04 be removed from the agenda. Seconded by Alderman Bernstein Voice vote. Motion carried. No nays. Resolution 24-R-05 - Resolution Rejecting the Application for Landmark Designation of the Building at 2408 Orrington Ave. - Kendall College/Wesley Hall - Consideration of proposed Resolution 24-R- 05, which rejects the application for Landmark Designation for Kendall College/Wesley Hall, at 2408 Orrington Ave. Alderman Tisdahl moved approval of Resolution 24-R-05. Seconded by Alderman Moran. Voice vote. Motion carried. No nays. Ordinance 40-O-05 - Special Use Request for a Convenience Store at 555 Howard St. - Consideration of Ordinance 40-O-05, the findings and recommendation of the Zoning Board of Appeals to grant a Special Use for a convenience store at 555 Howard St. Alderman Tisdahl moved approval of Ordinance 33-O-05 as amended. Seconded by Alderman Rainey. Community Development Director James Wolinski read the changes on page 2, Section 2 A: Development and use of the subject property shall be in substantial compliance with all applicable legislation, with the testimony and representations of the applicant to the ZBA, the Planning and Development Committee, and the City Council, and with the approved plans and documents on file in this case. The development and use shall further be in substantial compliance with the interior site plan submitted by the applicant and attached hereto as Exhibit B, and shall limit the floor area occupied by shelves, racks or other display elements for non-automotive products offered for retail sales to no more than sixty percent (60%) of the twenty-four foot by eighteen foot (24’x18’) area therein depicted. Page 3, under letter D, The use approve d hereby shall be allowed only as an accessory use to an automobile service station as the principal use devoting no less than fifty percent (50%) of the building on the subject property for automotive service bays. Alderman Rainey appeared before the P&D Committee and asked that they not recommend this special use because the Zoning Board of Appeals has ignored the impact of the many convenience stores and other special uses on Howard St. in a small area. This property is in a Tax Increment Financing District and the Citys intention is economic development. It was argued in committee that this is a long-standing business within the community and some consideration should be given to that. She disagreed; said the only items this service station will sell are chips, soda and cigarettes. She sent a letter to every Council member and staff explaining her additional concerns given the situations currently on Howard St. where a special use was authorized. She noted once a special use is given, it goes with the land. There is property in the 1800 block of Howard that has been vacant more than two years and it is deteriorating, filthy and loaded with litter. However, the City has benefited the owner by granting to his tenant (now deceased) a special use for a Type 2 restaurant. So in perpetuity, this property can have a Type 2 restaurant. It is dirty and messy, but they dont seem to care. In the near future she will recommend changes to the Zoning Ordinance so this will not happen again. Her concern was with 555 Howard St. She did not care about the litter. All pay taxes, the guy who owns the service station pays taxes, and City employees clean up the garbage that is generated from convenience stores. She was concerned about the lifetime benefit of a convenience store for this property. What she fears for this property, while it is not marketed as for sale, it is for sale. This owner thought it would be a good idea for a buyer to tear this building down and put in a car wash with a large convenience store. That is not in her vision for this street, or of anybody who lives nearby. This neighborhood is as important as the ones around Three Crowns and Kendall College. In this amendment she asked for something that will narrow the focus of this special use so this owner cannot sell this property to say, BP Amoco next week who would build a monstrosity like on McCormick Blvd., where 90% of the use is convenience stores. This rewards a long-time owner with a convenience store, but that is about all they will do. She asked for the amendments so she could support this. Alderman Newman said they dont put gas stations or conv enience stores in any residential neighborhood. He thought they want gas stations in Evanston and the reality all over is that people who sell gasoline also have convenience stores. That is what the mans competition does. If they want to keep gasoline stations here, which produces revenue from the gas tax that goes into the General Fund; they need Evanston gas stations to be competitive. He recalled a hot dog place 9 April 12, 2005 on Sherman Ave., which had a special use. Then one day it became Taco Bell, which got it without reapplying and that was troubling. On the other hand Fun in the Bun on Main St. did not go with it. They had an empty store there for a year. They have to be careful in these situations because they want businesses to be able to sell. If they have a situation where the buyer cannot buy without getting approval, they may not buy. He was somewhat sympathetic. He thought this particular special use was well founded. He did not think they were giving this man anything that every other gas station has today. He mentioned the Shell station at Ridge and Howard, which was not radical thing. Alderman Rainey has no problem with a gas station but did not want one more convenience store anywhere in the 8th Ward. She did not think other people wanted one either. She said the Shell station at Ridge/Howard is probably one of the most abusive, disgusting, dirty, litter and crime generating places and no model for a gas station/convenience store. Roll call. Voting aye Tisdahl, Rainey, Newman, Jean-Bapti ste, Bernstein, Moran. Voting nay none. Motion carried (6-0). CALL OF THE WARDS: 1st Ward. Alderman Newman referred to I tems for Future Consideration on the agenda, Ordinance 7-O-04- Zoning Map Amendment: Rezoning a U1 District to R1 District, which was introduced January 12, 2004. At that time the potential re-use of the Kendall property had been going on for several months. The applicant is still going through the umpteenth meeting at the Plan Commission. That means this applicant has gone to various committees for 16-17 months. The property is carried at about $30,000 a month by the owner without an answer. He disagreed with some of the speakers that evening. This went to the Preservation Commission, where it sat for six-seven months, which was not right. It sat there because they had an advisory role to the Plan Commission. The way staff construed things was that things would be done sequentially instead of simultaneously. So the Plan Commission would not schedule a meeting. The City continued to keep this developer from getting a no. He suggested Council and staff have to do something when the Preservation Commission is involved so that they give advice promptly -- within 30-45 days. This developer has been to Site Plan numerous times, Plan Commission various times, the Preservation Commission six or seven times and with the neighborhood many times. At this point, they still dont know whether Council will approve this. He called this almost an embarrassment. He spoke about the process not working, because people come in on speculation, spend money and propose something that people may or may not want, but they should be able to get a prompt answer. This has to change. Other projects on the agenda that evening also took a huge amount of time. He said they are encouraging people who want to invest here, not to invest. He suggested that when the Preservation Commission is in an advisory role, that they have to give that advice within 30-45 days. Then, in the middle of the game, they try to create a landmark when this property had been thoroughly reviewed during the reviews to establish the Northeast Historic District. There was never a suggestion to land-mark this property and it only came up during the development process. He thought they have turned this into something that will hurt the City and suggested they need an ordinance on this. City Manager Carroll agreed with Alderman Newmans point; said they were taking too long to move things forward. She has scheduled a meeting with the chair of the Plan Commission to get an idea of what is on the docket for the future to devise some approaches that will be fair to all parties. If Council is interested in following up on Alderman Newmans suggestion to the Preservation Commission, an ordinance can be brought back that sets a time limit. She suggested 45-60 days might be appropriate. Did they wish staff to proceed with this? Mayor Morton noted that Council had asked the city manager some time ago to look into revamping the Preservation Ordinance and supported Alderman Newmans remarks. Many people who ran for office had on their agendas what he talked about. She said something must be done about this. Just two weeks ago a young man, who is opening up a business, came to see her. She knew that his rent was high and the landlord had given him four months free rent to get him going. That was over six months ago and he could not get anything through. She thought the new Council will take this seriously; suggested that maybe they dont need some committees and others could be combined. She suggested they look at the number of committees people have to go through. She knew that it was not the intention of the City to deter people from doing business in Evanston. 2nd Ward. Jean-Baptiste expressed gratitude to Cook County Clerk David Orr for a well run election. He knew in the 10 April 12, 2005 2nd Ward judges had to stretch some to provide guidance to those who came in to write-in. He thanked the judges and all who participated in the election. He said that differences needed to be resolved so they can move forward and continue to do the right thing. 4th Ward. Alderman Bernstein thanked the Daily Northwestern for publishing polling place information. At 10:30 p.m. Alderman Bernstein moved that Council convene into Closed Session in the Aldermanic Library 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 Jean-Baptiste. (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 Tisdahl, Rainey, Feldman, Newm an, Bernstein, Moran. Voting nay none. Motion carried (6-0). There being no further business to come before Council, Mayor Morton adjourned the meeting at 11:08 p.m. Mary P. Morris, City Clerk A videotape recording of this meeting has been made part of the permanent record and is available in the City Clerks office.