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HomeMy WebLinkAbout05_23_05_ccCITY COUNCIL May 23, 2005 ROLL CALL - PRESENT: Alderman Wynne Alderman Tisdahl Alderman Bernstein Alderman Rainey Alderman Holmes Alderman Hansen A Quorum was present. Alderman Moran Alderman Wollin NOT PRESENT AT ROLL CALL:Mayor Morton and Alderman Jean-Baptiste PRESIDING:Mayor Pro Tem Moran The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Pro Tem Moran Monday, May 23, 2005, at 8:50 p.m. in the Council Chamber. ANNOUNCEMENTS: City Manager Julia Carroll announced that Parks/Forestry & Recreation Director Doug Gaynor would present two Community Service Awards. Mr. Gaynor presented the first award from the Illinois Parks & Recreation Association and the Illinois Association of Park District to Chie Curley for her years as Co-Curator of the Noyes Center Gallery. The second award was presented to William C. Bill Campbell for his years as a volunteer and booster of the Ethnic Arts Festival, celebrating its 20th anniversary July 16-17, 2005. Alderman Jean-Baptiste announced the presence of Mayor Obed Robert of Arcahaie, Haiti, the city that is the birthplace of the Haitian flag, founded May 18, 1802. CITIZEN COMMENT: Connie Conley, 2340 Hartrey Ave., understood that signature elms on the parkway would be injected. As a retired homeowner with two elms on her parkway, her share of the cost was significant. She felt it unfair to assess homeowners only, as everyone enjoys and benefits from the elms. She was concerned that billing residents (on their water bills) for the elm injection program would set a precedent and other expenses might be added one day. She asked Council to find a way to inoculate parkway elms with money that is fair to all citizens not as a special assessment or an add-on to the water bill, but amend the budget to include that expense. Matt Argon, 1817 Grant St., reported that three years ago he had three elms in his parkway inoculated by a private contractor and those trees are thriving. In contrast, elm trees in a nearby block, which were thriving three years ago, were all gone. He urged Council to make a decision so the inoculation plan could move forward. Norma Friedemann, 2646 Reese Ave., has two large parkway elm trees on her lot and paid $900 two years ago to have them inoculated. She and her husband have been retired for 14 years and cannot afford to pay for inoculations every three years. She was thankful that the City had a plan to do inoculations and favors having fees paid through the water bill. John Kennedy, 1119 Hinman Ave., Friends of the Civic Center, planned to start a citizens committee to examine issues related to the Civic Center building. He thought that the group could have a study completed by September, if not August, and come back to Council with a Plan B. He reported that the Preservation Committees next meeting would be June 7 and noted that at the last meeting, Assistant Corporation Counsel Ellen Szymanski, put up walls to achieving landmark status for the Civic Center. He stated that landmark status only makes sense with a viable Plan B and that landmark status would mean 20% less cost factor whether the building is rehabbed by a developer or if the City decides to stay there. He wondered why the City would fight landmark status for the Civic Center? If there is no viable plan, 2 May 23, 2005 there is no reason for the Preservation Commission to recommend landmark status. He urged Council to let the Preservation Commission do its thing without major obstacles and see how the cards come down in the fall. Junad Rizki, 2784 Sheridan Rd., thought the public might be a bit mislead by the new Council on Ordinance 46-O-05, as he understood, was a contract that still has not determined the quantity of elms to be injected. He noted the local press had reported that all elms trees would be injected and that many people who might have spoken that evening did not come as they believed all elms would be injected. It was clear to him that some Council and staff members still resisted the all elm trees inoculation program, which he termed unf ortunate politics and needed to be stopped. He noted that Council had approved millions of dollars of budget increases this year and called the elm tree issue really miniscule. If the new Council wants to keep its momentum, he suggested moving forward with the elm tree inoculation program. Tom Gemmell, 720 Colfax St., a director of the Kendall Neighbors, noted that there were two issues before Council related to development of the Kendall College site. The first is Councils consideration of the Plan Commissions recommendation to deny Smithfields proposed planned develo pment. The second is Smithfield Properties request to reverse the decision (appeal) of the Preservation Commission on the two certificates of appropriateness. He thought that the developers commingling of the appeal with the ongoi ng discussions regarding the planned development was improper. He reiterated that there were two separate issues before Council: the appeal of the Preservation Commissions determination on a particular plan and a different plan that may come in the future is a different issue for purposes of legal appeal. The other issue is consideration of the appeal itself and the developer has not provided a reason why there was a legal right to an appeal. Mr. Gemmell pointed out that Smithfield Properties did not object during any of the proceedings before the Preservation Commission. He stated that as a matter of law Council could not find error with the commissions denial of the demolition certificate because an approved plan was not in place. With respect to the construction certificate, each standard is mandatory and there were a dozen standards that the Smithfield plan did not meet. To overturn the commissions decision, Council woul d need to find error in each of the dozen cases. Bill McClure, 12 Milburn Park, also thought it improper to commingle the issues because the appeal is for an existing plan, which has gone through the review process. The issue with which it is sought to be linked is a new plan with details unknown and when/where to be seen unknown. He thought that Smithfields request for a continuance based on linking these two issues was unfair. He asked Council to turn its direction and consideration of these matters to the guidelines that are set out in Section 2-9-8-G, §1-5 of the Historic Preservation Ordinance, which deal specifically with the appeal process. He read into the record Sub-Section 4: If a mo tion to accept the application for appeal is made and adopted at the meeting of Council or its duly authorized committee held immediately following receipt of the findings and decision of the Commission and the application for appeal, the Council or its duly authorized committee must affirm, modify or reverse the decision of the Commission within forty-five (45) days of the date of approval of the motion to accept the appeal. Mr. McClure stated that by his calculation, that date would be June 9. He thought that in the time between May 23 and June 9 offers a win-win situation for the developer and the Council. He noted that as the developer has requested more time and the Council, with three new members, may need more time, that a continuance until June 9 would give both the additional time needed. He pointed out that Sub-Section 5 of the same appeal section says, Council or its duly authorized committee shall review the app eal solely on the basis of the record and application of the appropriate standards included in Section 2-9-9. He said that Councils discussion would not be about any new material brought in but on the record and the standards that the Preservation Commission has already considered. He stated that there is no need for a continuance beyond June 9. Michael OConnor, 1229 Isabella St., owns the property at 1231 Isabella. A month ago he appeared before Council asking for their support for a proposed text amendment to reform the Zoning Ordinance that currently permits the consideration of sub-standard sized lots for development. In the intervening time, he has had discussions with Alderman Tisdahl, who has indicated she wants to take that issue into a more comprehensive reform of the overall residential zoning code. He wanted to draw Council s attention to the proposed development at 1221 Isabella St. and noted there had been a great deal of correspondence forwarded to them on that issue. He reported that the matter had been before the Zoning Board of Appeals and that appeal was lost on a very limited purview open to the ZBA. He believed they got the decision wrong and he would seek administrative relief prior to taking it to a venue beyond the City. He said the limited zoning matters were several of many issues before Council, including safety and many of the policies, objectives and goals stated in the Comprehensive General Plan. He pointed out that City Manager Carroll had advised them to appear before Council in full session to take advantage of the power invested in Council to pull this matter into their 3 May 23, 2005 purview and suspend the currently granted building permit. He encouraged all Council members to visit the site personally as it is now fenced off for construction. At that time a simple visual, or even drive-by, would give them evidence of how controverted to the intentions of the written ordinance this proposed development is. Lastly, he suggested to Council that if this continues and given the issues that are presented within it, significant liability issues may arise with regard to this development that the City of Evanston may have to bear for years to come. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Bernstein moved Council approval of the Consent Agenda with these exceptions: Items for Future Consideration; Contract for towing services with Lincoln Towing Services; Change Order #1 with Kovilic Construction Co., for Chicago Avenue Streetscape; Contract Amendment #1 with JJR, LLC for streetscape design services; Ordinance 52-O-05 - Amend City Code to Increase Parking Meter Rates; Ordinance 46-O-05 - Elm Tree Injection Program; Request for Waiver of Various City Building Fees; Planned Development at Kendall College, 2408 Orrington Plan Commission Recommendation; Appeal of Preservation Commission Decision 2408 Orrington, Kendall College; Ordinance 56-O-05 - Extend Moratorium on New Construction on Central from Bennett to Marcy. Seconded by Alderman Rainey. Roll call. Voting aye Jean-Baptiste, Wynne, Bernstein, Holmes, Mora n, Tisdahl, Rainey, Hansen, Wollin. Voting nay none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Special Meeting of May 2, 2005 and the Regular City Council Meeting of May 9, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) *Approval, as recommended, of the City of Evanston payroll for the period through May 19, 2005 and City of Evanston bills for the period ending May 24, 2005, authorized and charged to the proper accounts: City of Evanston payroll (through 05/19/05) $2,068,924.25 City of Evanston bills (through 05/24/05) $1,919,626.49 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Elmhurst Ford in the amount of $18,820 for purchasing five vehicles for the Police Departments School Resource and Community Strategy divisions. Funded by Fleet Services Capital Outlay. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Arrow Road Construction Company in the amount of $1,157,077.57 for 2005 MFT resurfacing of various streets. Funded by the Motor Fuel Tax (MFT) Fund FY 2005/06 budget. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Arrow Road Construction Company in the amount of $897,175.03 for 2005 CIP Street Resurfacing Program. Funded by GO Bond Funds. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Morrow Brothers Ford, Inc. in the amount of $77,220 for the purchase of three (3) cargo vans, including a 7-yr/60,000 mile warranty, storage racks, bins and delivery. Funded by Fleet Services ($25,345) and Capital Outlay ($51,875). * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of contract for the 2005 Summer Food Program in an amount not to exceed $102,410 from Open Kitchens. Funded by a grant from the Federal Government. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9- 0) * Approval of contract for 2005 Water Main Improvements, Contract B, in the amount of $1,190,749.05 from Bolder 4 May 23, 2005 Contractors, Inc. Funded by the Water Depreciation, Improvement and Extension Fund. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) ■ ■ ■ ■ * Resolution 32-R-05 - Prevailing Wages - Consideration of proposed Resolution 32-R-05, which regulates wages of laborers, mechanics and other workmen employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 33-R-05 - Funding Applications for Surface Transportation Program - Consideration of proposed Resolution 33-R-05, which supports the Citys application for federal Surface Transportation Program (STP) funding for four roadway resurfacing projects and to provide the required 30% local match through Motor Fuel Tax or CIP funding. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 35-R-05 - Sixth Annual Ricky Byrdsong Memorial 5K Race - Consideration of proposed Resolution 35-R-05, which authorizes the Ricky Byrdsong Foundation to close a portion of Sheridan Rd. from Lincoln St. to Forest Ave. for its annual 5K race on Sunday, June 19, 2005. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 54-O-05 - Four-Way Stop at Lee St. and Ridge Ct. - Consideration of proposed Ordinance 54-O-05, introduced May 9, 2005, which amends Section 10-11-5, Schedule V(D) of the City Code to establish a Four-Way Stop at Lee St. and Ridge Ct. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 55-O-05 - No Turn on Red When Pedestrians are Present - Southbound Ridge Ave. at Hull Tr. - Consideration of proposed Ordinance 55-O-05, introduced May 9, 2005, which amends Section 10-11-3, Schedule III(D) of the City Code to establish a No Turn on Red When Pedestrians are Present for southbound Ridge Ave. at Hull Tr. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 42-O-05 - Weapons Ordinance - Consideration of proposed Ordinance 42-O-05, introduced April 12, 2005, which amends Title 9, Chapter 8 of the City Code with regard to Weapons. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) PLANNING & DEVELOPMENT: * 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: Chipotle Mexican Grill (Type 2), 711 Church St.; Whole Foods Market (Grocery within 200 feet of residential use), 1640 Chicago Ave.; JK Sweets (Type 2), 720‰ Clark St.; Pick a Coffee Club (Type 2), 1813 Dempster St.; CafØ Ambrosia (Type 2), 1620 Orrington Ave.; Jackys Bistro (Type 1 within 200 feet of residential use and outside of Liquor Core Area), 2545 Prairie Ave.; Davis Street Fish Market (Type 1 within 200 feet of residential use, 501 Davis St. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) OTHER COMMITTEES: * Resolution 34-R-05 - Endorsement of Application for 6b Assessment Reduction (2100-12 Greenwood St.) - Endorsement of application by Space Organization, a cabinet and closet manufacturer currently located in Chicago, for a 6b assessment reduction for the vacant property at 2100-2112 Greenwood St., which has been vacant for more than two years. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Consideration of 2004/05 Consolidated Plan Annual Performance and Evaluation Report (CAPER) 5 May 23, 2005 - Consideration of the HUD Consolidated Plan Annual Performance and Evaluation Report (CAPER) on the accomplishments made by the City of Evanston utilizing HUD grant funds through the CDBG, HOME and ESG programs for FY 2004/05. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) APPOINTMENTS: Mayor Pro Tem Moran asked the following appointments be introduced: Lynette Murphy Library Board 1420 Ridge Ave. * INTRODUCED CONSENT AGENDA Mayor Pro Tem Moran asked the following appointment be confirmed: Elizabeth OConner Ladd Arboretum Committee 1120 Grant St. For term ending May 30, 2008 Mayor Pro Tem Moran asked the following re-appointments be confirmed: Seymour LaRock Arts Council 1023 Hinman Ave. For term ending May 30, 2008* * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Contract for three years with two one-year renewals for towing services from Lincoln Towing. Alderman Jean-Baptiste reported this item was held in committee at the request of Mayor Morton. Alderman Jean-Baptiste moved approval of Change Order #1 with Kovilic Construction Company, increasing the contract cost of construction of the Chicago Avenue Streetscape Project by $37,104.50, from $205,096.50 to $242,201. Funded by Dubin Residential Development ($125,000) and the Citys CIP ($117,201). Seconded by Alderman Wynne. Alderman Moran recalled that a study had been commissioned regarding traffic flow on Chicago Avenue and had not seen the study. Alderman Wynne said that they analyzed the streetscape and hired a consultant that did all of the work. Public Works Director David Jennings added that there was a traffic subcontract to that contract, which addressed traffic issues and had been done as part of the concept plan for the Chicago Avenue Streetscape Project. Roll call. Voting aye Jean-Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay none. Motion carried (9-0). Mayor Morton was present at this time and assumed the chair Alderman Jean-Baptiste moved approval of Contract Amendment #1 with JJR, LLC for streetscape design services adjacent to the 900 Chicago Avenue Streetscape project, increasing the cost by $22,933. The original contract amount was $97,015, making the total contract amount $119,948. Funded by Citys CIP. Seconded by Alderman Wynne. 6 May 23, 2005 Roll call. Voting aye Jean-Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay none. Motion carried (9-0). Ordinance 52-O-05 - Amend Title 10 of the City Code - Increase Parking Meter Rates - Consideration of proposed Ordinance 52-O-05, introduced April 25, 2005, which amends Section 10-11-12: Schedule XII of the City Code to increase parking meter rates. Alderman Jean-Baptiste moved approval of Ordinance 52-O-05. Seconded by Alderman Wynne. Alderman Moran stated that he had asked for background memos on the recommendations for this and has not had the opportunity to review all packet materials received three days ago. He moved that this item be held at Council. Seconded by Alderman Tisdahl. At the request of two aldermen this item was held. Ordinance 46-O-05 - Elm Tree Injection Program - Consideration of proposed Ordinance 46-O-05, introduced May 9, 2005, which gives the City of Evanston the authority to implement an injection program for all public American and Red elms, collect the residents share of the cost and invoke penalties for non-payment. Alderman Jean-Baptiste moved approval of Ordinance 46-O-05. Seconded by Alderman Wynne. Alderman Moran pointed out that a number of university forestry departments had been contacted by the Citys Forestry Division regarding the proposed injection program and those universities were particularly concerned, not about the economics, but the long-term deleterious effect of injecting all elm trees. He added that they said, virtually unanimously, that the program was risky and many university forestry departments consulted endorsed a signature elm tree program. The reason being, he noted, was that the signature trees were the largest and most robust in the urban forest and most likely to survive a three-year cycle of four injections at their base. Several of those departments were concerned that the repetitive injections, which must be done for the injections to be effective over time, would be deleterious to the trees. Alderman Moran felt that with this issue, advocacy had overtaken science. He stated that, given the cost of inject all elms and the board scale of challenges facing the City, he did not think that they should respond in the dimension that the program would require. He asked that Council give serious consideration to all of these things and not vote this ordinance through and to consider following the recommendations of the Citys Forestry Division and the major state universities consulted and fund the signature elm program in its place. Alderman Jean-Baptiste asked Alderman Moran if he recalled the evidence presented by the Forestry Division showing that the City is losing its elms at 4% per year? Alderman Moran responded that the figure is usually 2-3% loss and that number went up last year due to a particularly severe spring/summer. Alderman Jean-Baptiste asked if he recalled that they concluded that in the last five years Evanston had lost 20% of its elm trees? Yes. Alderman Jean-Baptiste asked if he also recalled that the expert in the Forestry Division stated that, but for the cost, he would inject all of the elms? Alderman Moran noted that Mr. DAgostino was browbeaten by Council into saying that. Alderman Jean-Baptiste noted that was still a yes to his third question and said the issue is what direction does Council want to go and what risk they want to take. Based on the experiences of those residents who spoke here, he believed that injections work. He had not heard anyone say that injections have destroyed trees, has heard them say injections have saved the trees. Alderman Jean-Baptiste stated that in February, when they approved 7-2 to go forward and inject the elm trees, it was understood that the City would not bear all of the cost. Council wrestled with the issue and there was a proposal to do 50/50 with the citizens and how to collect the money. Initially it was proposed that those with elms on their parkway would participate, Council has evolved beyond that. Now there is an ordinance before Council that proposes that all residents who pay water utilities share in that cost, which is $24.32 over three years and if paid over 18 payments, it comes to $1.35. He pointed out that Council has found a way to relieve the burden from the citizens who were concerned that paying for their elms would be an exorbitant expense. He summed up with four points: (1) the City is losing its elms with what they are doing right now, (2) injection has worked, (3) if the Citys arborist had the money, he supported injecting all public elms (4) citizens would not be burdened as everyone would be asked to pay $1.35 every two months. Alderman Jean-Baptiste thought that was the course of action and noted that in another 10 years the City could lose 40% of its elms. He thought they should error on the side of taking action, which has been proven to work elsewhere and here, 7 May 23, 2005 and try to save the elms. Alderman Wynne agreed with Alderman Jean-Baptistes comments and supported th e issue as well. She stated that they had debated this at budget time and that a critical issue was that Evanston is losing its elms. They are spending the money to remove them right now and noted, this is another way in which we spend the money, but they can be saved. She supported the initial plan (in the budget) that everyone shares the cost, just as everyone shares the cost for street lighting. She stated that $1.35 every two months was a tiny price to pay for the benefits all residents get from maintaining the tree canopy. Anyone who has had a large tree on their property cut down knows the effect on energy costs when that tree is gone. She pointed out that the critical issue is the method of sharing the cost and thought the proposed plan had an equitable way to do that. She suggested Council support it. Alderman Wollin stated that one of the issues was the timeliness of the injections. She said there is a limited time in which these injections can be made effectively and they are in it now (when the trees leaf out). They need to remember that everyone pays water bills in Evanston--large institutions and small homeowners. She thought that Council should vote that evening so the injections could be given in an effective and timely way. Alderman Moran thought that there had been some unclear rhetoric on this issue. He pointed out that the reason Evanston has so many elms and what the university departments did endorse, was the sanitation program. He noted that all of the universities said the principal technique for protecting elms over the course of time is to find those that are diseased and try to save them. If they can not be saved, take them down as quickly as possible so they dont spread it. That is what the City has been doing and that is what has saved the elms. Alderman Moran asked how many elm trees are on the parkway at Evanston Hospital or Northwestern University--does the City send them one water bill? Will they be asked to pay 68¢ a month for all of the elms that are adjacent to them? Finance Director Bill Stafford commented that Northwestern pays by usage and that it receives more than 250 water bills. Alderman Moran asked about the hospital? Mr. Stafford said he would have to look into that. Alderman Moran questioned how equitable the water bill payment method would be and did not think the plan was well conceived. Alderman Jean-Baptiste countered that he would rather pay $1.35 every two months or $8.00 a year than to pay $3,000- 4,000 and be forced to cut an elm tree from his yard. He reiterated that the process has evolved since discussed in the budget workshops and that Council had tried to get this done in the best way possible. He wanted Council to look at the penalty phase and asked if there was a penalty for those who dont pay their water bill? Mr. Stafford said that, logistically, it would be a rare situation. The resident would have to not pay the water bill and not pay the inoculation fee to get into this situation. When a water bill is paid, it goes toward recycling and the tree program and then toward the water. He reiterated that the non water bill items would be the first ones credited when a payment comes in and residents would have to not pay the water bill (at all) for a penalty to go into effect. Nine times out of ten, Mr. Stafford claimed, if the customer is short on the water bill, its a water issue and will be water bill penalty fees (not $750). He added that this would rarely be enforced, the water bill would be the enforcement. Alderman Rainey asked if they had started doing injections? Parks/Forestry Superintendent Paul DAgostino responded that the contractor had started Friday, May 20 and had injected 50 trees. She asked if it was any tree wider than 10 inches or was there any targeting of trees? Mr. DAgostino said they were all signature-size trees, 30 inches or wider, and either in the parks or on the parkways adjacent to parks. Alderman Rainey asked if nothing happened that evening, there would be no delay in the seasonal injections--the City would not be missing out? Mr. DAgostino noted that the contractor would run out of signature trees in the parks in the next couple of days. But not on the parkways, she asked? No, not on the parkways. Alderman Rainey asked about the beetle population? Mr. DAgostino said, because the winter was mild, the beetle population will be about the same as last year. Did they notice any new disease symptoms because the trees were leafed out? No, they have not seen any disease symptoms yet. She asked if it was the Citys intention not to inoculate public trees adjacent to a private tree when the owner does not intend to inoculate? Mr. DAgostino said, yes, that was their intention. He reported there were only 71 private elm trees that threaten signature elms in the public way. Alderman Rainey recommended that they support 100% City funding of all the signature trees--no matter where they are. She wanted a 50/50 program for the people with the 71 private elm trees that are within root graft distance of signature trees on the parkways and would not support the ordinance as it stands now. 8 May 23, 2005 Ms. Carroll wanted to answer Alderman Raineys question about the root graft being in the ordinance. She pointed out it was on page 4, Section 7-8-7-2, sub-paragraph (C) Injec tions will not be done on any public American elm or Red elm tree located within the root graft zone of an adjacent private elm tree. Alderman Wollin stated that one of her major concerns was that she has constituents who are not able, even if they are willing to pay, to get their elm trees injected. Until this City Council decides what it is going to do, private nurseries will not inoculate their trees. She said these constituents are worried because some of them have been in inoculation programs for years. She wanted Council to decide this issue that evening, if not, she wants those private homeowners to be able to get their elms inoculated. Alderman Rainey pointed out that was handled in the Citys purchase two weeks ago. The contractor agreed to provide the Citys going rate to all homeowners with private elm trees. Alderman Rainey wanted to amend the ordinance (Page 2, next to the last Whereas) inoculate all healthy American elm and Red elm trees in City parkways and in City parks with a diameter of more than ten inches (10"); and She has seen a new term significant trees. She would like to leave it to the staff, arborist and those doing the injections as to where the cut-off is (diameter of tree). She did not want to see this on the water bill and felt the General Fund needed to pay for the program. She wanted to further amend the ordinance (Page 3, second Whereas) to eliminate that and substitute the 71 private tree owners within grafting distance of public elms be afforded the opportunity of a 50/50 cost- sharing program to inject their private elms. Seconded by Alderman Moran. Alderman Wynne commented that she now heard they have redefined signature elm to significant elm. She noted there are three significant elms on her block--they are big, in the center and shade everything. How is staff going to make this decision? Everyone has a significant elm on his/her property. She thought a very good program was presented with the water bill payment option. It has been on the agenda for at least two meetings, so this is not a last-minute program and it provides an opportunity for everyone to share in the cost. She noted that every time someone goes to a park or walks down the street, they benefit from the elm trees. She objected to the first of the amendments and thought it would be a terrible loss not to try and save every elm tree. Alderman Rainey thought it would not be that hard for staff to decide which are significant and which are not. At one point, the plan was to inject only certain sized trees. The City knows that there are 1,000 plus significant trees. She asked for staffs help with this issue. Mr. DAgostino reported that many municipalities that base their determination of a significant elm more on its location than on its size. As he indicated in his memo to Council, the city of St. Louis Park (MN), all of the park trees that they inject are based on location, not how big they are. Many of the trees they inject are between 15-20 inches, but are around historic structures or something of that nature that makes them significant. Alderman Rainey asked if that was a reasonable alternative to injecting every single tree over 10 inches in diameter? Parks/Forestry & Recreation Director Doug Gaynor commented that the issue would be very subjective and every time staff makes a decision, they will be challenged. He said it would be much more difficult to administer a program like that. Mr. Gaynor pointed out it would be more time consuming and the challenges would start with Paul DAgostino, come to him, wind up in the city managers office and, during Citizen Comment, it will be before City Council. Alderman Rainey remarked that he wanted go with the decision that flies in the face of scientific testimony and inject every tree over 10 inches because its easier. Mr. Gaynor stat ed that was not what he said. He noted that staffs recommendation originally was to inject the signature trees, which are 30 inches in diameter, and that remained the recommendation. Alderman Jean-Baptiste opposed the amendment because it created too much subjectivity in the program. He thought they had clear direction through the proposed ordinance and that is what they should follow. He suggested that they vote. Alderman Moran suggested an amendment to Alderman Raineys amendment. He would take the 71 (private owners) voluntary 50/50 program and make it 30-inch or wider signature elms. Voice vote on amendment. Motion carried. Roll call. Voting aye Holmes, Moran, Tisdahl, Rainey. Voting nay Jean-Baptiste, Wynne, Bernstein, Hansen, Wollin. Motion failed (4-5). 9 May 23, 2005 Alderman Rainey wanted to know what the ordinance under consideration presents in terms of payment, noting there were three options. Mr. Stafford stated the ordinance has staff collect payment via the water bill and they need Councils direction on which option to take. Alderman Wynne moved that the ordinance adopt Option 3, which is to collect $24.32 over the course of 18 billings over three years. If done, it would be $1.35 collected on each bimonthly water bill. Seconded by Alderman Bernstein. Alderman Rainey termed the water bill collection program silly and thought that it could not be enforced. Mr. Stafford did not think there would be collection issues. Ms. Carroll asked for clarification that payments would be applied first to fees other than water? Yes. She suggested that Council consider either Option 1 or Option 2, as a lot of time and energy would be spent on administration. Alderman Wynne withdrew her original proposal and suggested that they go with Option 2, at the City Managers suggestion, which would be $8.11 billed annually over the course of three years. Alderman Rainey remarked that if the money is spent in one year, then it ought to be collected in one year; felt that this money could not be collected. Alderman Jean-Baptiste reiterated that they have three options and they are trying to keep the payment from being burdensome on constituents. He noted that the city manager and the finance director have figured out a way to do it. He thought they ought to go with the compromise of $8.11 per year. He asked Mr. Stafford what percentage of residents pay their water bills on a regular basis? Mr. Stafford responded 99%. Aldermen Jean-Baptiste and Wynne called the question. At the request of Mayor Morton, Ms. Carroll read Option 2, Collect the $24.32 over the course of three billings, once each year. If this were done, it is recommended that $8.11 be billed annually. This would begin in July 2005. Roll call. Voting aye Jean-Baptiste, Wynne, Bernstein, Holmes, Hansen, Wollin. Voting nay Moran, Tisdahl, Rainey. Motion carried (6-3). PLANNING & DEVELOPMENT: Request for Building Permit Fee, City Tax Stamps, Interest Charges Waiver - Consideration of a request from Econ Development for a waiver of the aforementioned fees, totaling $20,206, for construction of three affordable townhouses at 1834-38 Darrow Ave. Alderman Bernstein reported the committee, voted of 8-1, that the amount for fees be increased to $35,131, with $30,000 from Housing and $5,131 from General funds and moved approval. Seconded by Alderman Moran. Roll call. Voting aye Jean-Baptiste, Wynne, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay Bernstein. Motion carried (8-1). Planned Development - Kendall College, 2408 Orrington Ave. - Plan Commission Recommendation - Consideration of a unanimous recommendation from the Plan Commission to deny the proposed planned development from Smithfield Properties, LLC for the Kendall College site. On behalf of the committee, Alderman Bernstein asked that this item be held in committee until the June 13, 2005 meeting. Seconded by Alderman Rainey. At the request of two aldermen this item was held. Appeal of the Preservation Commission Decision - 2408 Orrington Ave., Kendall College - Consideration of an appeal of the Preservation Commission decision by Smithfield Properties, LLC 10 May 23, 2005 concerning the denial of certificates of appropriateness for the construction of 16 single-family homes and 32 townhouses as well as the demolition of 2408, 2344 and 2340 Orrington Ave., 725, 730 and 735 Colfax St. and 2351 Sherman Ave. at the Kendall College site. On behalf of the committee, Alderman Bernstein moved that, with the consent of the applicant waiving its right to a decision within 45 days, this item be held at Council until the June 13, 2005 meeting. Second Alderman Rainey. At the request of two aldermen this item was held. Ordinance 56-O-05 - Extending Moratorium on New Building Construction on Central St. from Bennett to Marcy - Consideration of proposed Ordinance 56-O-05, which would extend the moratorium approved by Council by Ordinance 43-O-05, for another sixty (60) days on Central St. from Bennett to Marcy avenues. Alderman Bernstein reported that the committee amended the ordinance to extend the moratorium for ninety (90) days and moved its approval. Seconded by Alderman Wynne. Roll call. Voting aye Jean-Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay none. Motion carried (9-0). Alderman Bernstein reported that the committee did not have time to consider prior aldermanic references and asked that this be held in committee. Mayor Morton pointed out that everyone should be proud of the ladies in our community because it had been a great weekend for them. She noted that, for the third year in a row, the ETHS girls track team won a State Championship. Additionally, Northwesterns womens lacrosse team won the National Championship. She congratulated the ladies who brought this honor to the City of Evanston. CALL OF THE WARDS: 2nd Ward. Alderman Jean-Baptiste was saddened to hear of the passing of Hollis Settles. He reported that Hollis was with Council a week ago Monday at the Rules Committee meeting and often he would be at the back of Council meetings listening and observing. From time to time he would make it to the podium to share his thoughts on different initiatives that the City ought to be taking or criticizing a direction that Council might have undertaken. Hollis Settles was very active in the community at large as one of the vice presidents of the NAACP. Even when he had no title, he was there consistently fighting for and working with various peoples in the community whether they were black, white, Hispanic, Haitian, Jamaican or whomever. What Alderman Jean-Baptiste remembered most about Hollis was that he was a no-nonsense person and would raise a lot of issues in the community. If someone complained about the schools not educating the kids, Hollis would ask, What are you doing about it? Are you involved in the schools? Are you raising criticism of the parents? Are you engaged? When people would say they are not represented on the boards. Hollis would ask, Did you sign up to be a candidate? Did you support a candidate? Hollis Settles tried to get ot hers involved with the community and will be missed. 3rd Ward. Alderman Wynne extended her condolences to the family of Hollis Settles and noted he was a true contributor to this community and would be very much missed. Alderman Wynne reminded all about Ibrahim Parlak, the Turkish Kurd who was granted political asylum in the U.S. in 1991 because he had fought for Kurdish rights in Turkey. Mr. Parlak built a wonderful life here and has a successful restaurant in Michigan. She said that the Department of Homeland Security arrested him July 29, 2004 and charged him with being a terrorist. He has been held without bond and deportation hearings have going on through the Immigration Court. His attorneys have filed a petition for habeas corpus and Judge Cohn, Eastern District of Michigan, granted the petition. He is not out yet and the federal government has 10 days to appeal the ruling. She thought this was a critical point for people to consider and noted that presently in the U.S. Senate there is a fight going on to maintain an 11 May 23, 2005 independent federal judiciary. Judge Cohn is an independent judge, whose boss is not the U.S. Attorney General or the Director of Homeland Security. Alderman Wynne thought it was important for everyone to watch this issue. 4th Ward. Alderman Bernstein invited everyone to the Citizens Police Academy graduation on Thursday, May 26 at the Ecology Center. He encouraged all Council members to take the class, especially the new ones. He took the class with the Mayors daughter. He congratulated the lady Wildkits and the lady Wildcats on their achievements. Alderman Bernstein noted as he gazed out the door of the Council Chamber at a bouquet of flowers where previously sat Hollis Settles. He echoed everything said by Alderman Jean-Baptiste about this gentle man and he was a gentleman. Mr. Settles had a positive presence at the Civic Center and led by example. Very often Alderman Bernstein would look out to see a twinkle in his eye as Council was about to make a vote. At the visitation that afternoon, he met someone from Haven School where Mr. Settles had started to volunteer as a lunchroom monitor in a circumstance that was very contentious. His presence and quiet being stopped all the problems. Alderman Bernstein stated he will be missed and extended condolences to his family. 5th Ward. Alderman Holmes wanted to add her condolences to the Settles family. Hollis would be greatly missed by all of us and she would miss her usual gathering outside in that chair on Monday evenings. 6th Ward. Alderman Moran offered his condolences to the Settles family. He was a steady presence out there and Council knew that people were listening and watching what they were doing. He was happy to pick up the discussion on potential ordinances for consideration at the Planning & Development Committee regarding inclusionary housing. He thought it was an important topic for the City of Evanston. Alderman Moran noted there are challenges related to it that Council will have to work hard on, but he was glad they are getting to the point where they will take up this issue, discuss it seriously and make progress. 7th Ward. Alderman Tisdahl extended her condolences to Holliss family. Hollis was a great help to her not only on the City Council, but also in 12 years on the Board of Education. His was not only a quiet presence, but also a very wise man. She appreciated all of the help he gave her over the years. 8th Ward. Alderman Rainey said that Hollis was a lovely, lovely man. She also wanted to express her condolences to family of Chris Dwyer, a firefighter/paramedic who passed away that week. She announced his funeral would be the next day. He was very much cared for by all of the members of Local 742 and was a very nice man also. 9th Ward. Alderman Hansen wanted to extend sympathy to Hollis Settles family. Though she did not know him well, his presence was felt as she, too, took a back seat on occasion. She also wanted to extend her sympathy to Firefighter Chris Dwyers family. Hollis Sett les and Firefighter Dwyer were public servants, as they all are up there, and she wanted to say, thank-you. 1st Ward. Alderman Wollin appreciated what Hollis contributed, especially during the redistricting situation. The NAACP was very helpful and Hollis was always there. His insight and perspective was very valuable to all of us. She thought the flowers on the chair were a wonderful symbol of how much he meant to the City. It helped them remember what they had lost. Each of us makes a contribution in our own way, but need to appreciate those who do it in such a nice persistent and constant way. She will miss him as well. Alderman Wollin noted the time, 11:10 p.m., and that the new system had worked well. She thought it was valuable for the whole Council to hear and share ideas (in P&D Committee). She agreed with Alderman Moran; thought that they should be grappling with inclusionary housing sometime that summer and be able to have some movement forward. 12 May 23, 2005 At 11:15 p.m., Alderman Bernstein moved that City Council convene into Executive Session in the Aldermanic Library for the purpose of discussing matters related to litigation and closed session minutes pursuant to 5ILCS Section 120/2 (c) (11) and (21). Seconded by Alderman Rainey. (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 Jean-Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay none. Motion carried (9-0). There being no further business to come before Council, Mayor Morton adjourned the meeting at 11:45 p.m. Mayre Press, Deputy City Clerk A videotape recording of this meeting has been made part of the permanent record and is available in the City Clerks office.