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HomeMy WebLinkAbout06_27_05_ccCITY COUNCIL June 27, 2005 ROLL CALL - PRESENT: Alderman Bernstein Alderman Rainey Alderman Holmes Alderman Hansen Alderman Moran Alderman Wollin Alderman Tisdahl Alderman Jean-Baptiste A Quorum was present. Alderman Wynne PRESIDING:Mayor Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, June 27, 2005, at 9:50 p.m. in the Council Chamber. ANNOUNCEMENTS: Public Works Director David Jennings announced that the CTA would begin to replace the deteriorated viaduct at Main St. in July at a cost of $3.1 million. The contractor will have a year to complete the work with the bulk of it occurring in about five months. The existing concrete viaduct will be replaced with a single 100-foot span steel bridge so the center concrete piers in the street will be gone and the bridge abutments pushed back. The bridge will be built in Main St. east of the viaduct in an east/west direction and driven into place in one weekend. That will occur during October and take about 50 hours. The project will require closing Main St. between Custer and Chicago avenues for a four-day period in July (probably July 15-18, then for a 14-week period beginning in mid-August and ending mid-November.) He hoped this would be the first of several viaduct replacements. In response to Alderman Bernstein Mr. Jennings explained the bridge would be constructed in the street and on the sidewalk with single lane access to the new condominium/retail complex at Chicago/Main. Mr. Jennings reminded all that the refuse and recycling collection schedule would be one day later due to the 4th of July. Facilities Management Director Max Rubin, 4th of July Association board member, announced that the theme for this year’s celebration is “Building Bridges of Friendship;” invited all to enjoy family sports events to be held from 8:00 a.m. to 1:00 p.m. at various schools, parks and recreation facilities; the parade at 2:00 p.m. at Central Park Ave; the Palatine Concert Band at 7:30 p.m. and fireworks display beginning about 9:00 p.m. at Clark Street Beach with music simulcast on 90.5 FM. Mayor Morton drew three names for the “First Family” to ride in the 4th of July Parade. Mr. Rubin reported a ceiling collapse that day at the 9-1-1 Emergency Center at Police headquarters. No one was injured and service was not disrupted. Mayor Morton Proclaimed July Recreation and Parks Month Mayor Morton reported that the U.S. Conference of Mayors sponsors “best practices” in various areas of municipal government, including breast and prostate cancer awareness. Evanston was selected for work in that area. Health & Human Services Director Jay Terry said that prostate cancer screening in barbershops was highlighted as a way to reach African-American men in a non-health care setting. Public Hearing – Township Budget Alderman Jean-Baptiste nominated Alderman Bernstein to preside. Seconded by Alderman Moran. There was no comment on the Township budget. Mayor Morton moved to close the hearing. Seconded by Alderman Wynne. Motion carried unanimously. At 10:05 p.m. Alderman Bernstein declared the hearing closed. 2 June 27, 2005 CITIZEN COMMENT: Betty Ester, 2114 Darrow Ave., reminded residents that the West Side TIF public hearing would be the next evening at 7:00 p.m. at ETHS. She spoke on Resolution 41-R-05, renewing the agreement with Northwestern University Campus Police; noted the boundary for NU police is Lake Michigan to Asbury and Greenleaf to the City limits (north). She has seen NU police west of Green Bay Rd. on Simpson St. and others have seen them on Foster St. She encouraged residents who see NU police west of Green Bay to call Alderman Holmes. Chief Frank Kaminski said Ms. Ester was correct on the jurisdictional boundaries for NU police. He explained the NU police might have been driving on a public street to go someplace or providing backup to Evanston Police. Nathan J. Silverman, 3233 Otto Ln., thanked those on Council who had the courage to scale back the extravagant elm tree injection program that the public clearly does not support on behalf of Evanston’s 74,000 residents and 48,000 registered voters who don’t attend City Council meetings, sign petitions, or hang ribbons and posters from trees; thanked them for rescuing Evanston’s representative government from mob rule by a pressure group; thanked them for rejecting a system of public policy by publicity stunt as demonstrated by recent elections and feedback that residents feel there are more pressing priorities than fighting a tree fungus. He urged them to ignore the sour sap that will ooze from TREE, which was done in by its own self-righteous arrogance and contempt for those who don’t worship at the altar of elm veneration. He thanked Council for bringing sanity back to City government. Peter Mattox, Hastings St., said the overturn of the elm tree injection ordinance occurred without public notice or discussion but was within the Council’s authority to do. He found this a credibility issue; expected the public was disappointed in how this issue turned recently. For the public to have faith and trust in the City government they need to feel confident that once a given course is decided upon, the City will commit to that course. If new information arises that creates a legitimate reason to reconsider an ordinance, it needs to be debated. The elm tree issue was discussed for over a year and no new information had surfaced that required a change of course. The modified ordinance raises important unanswered questions: how will the City assure equity with so called “significant” trees; how does the City re-negotiate its contract; how many elm trees will be lost due to the public’s confusion about how to best care for parkway elm trees. There are cost consequences that have not been answered adequately. There is a lot to be proud of in Evanston, a city that works because the public has access to and influence on the democratic process. He admires the work done by Council members but thought the latest maneuver took all a step backward. Leigh MacIssac, 1123 Noyes St., was angry about the overturning of the elm tree ordinance considering that she attended nine months of Council meetings; was appalled that it was not on the agenda and felt a “fast one” had been pulled on residents. She understood Council’s hard work, but hundreds of citizens are concerned about this problem; called it an atrocious example of the political process. Council promised citizens and shame on them for pulling back on that. Citizens have been left with a sense of confusion as well as the Forestry Division, which will get hundreds of calls. If they were not going to inject smaller elms she would have organized her block months ago. She thanked Aldermen Wynne, Jean-Baptiste and Bernstein for their sane comments and rationale and was upset with the other aldermen who have left 1,912 elm trees unprotected. The elm tree insurance program says that large elm trees are 24-34 inches in diameter and she was surprised they will only inject trees of 30 inches or more. She showed an example of the size of a 22-inch tree; said the drill bit is the size of a pen that goes into the tree an inch and a half to vaccinate it. Marcia Kazurinsky, 1037 Sheridan Rd., thanked Alderman Wynne for her vote. She related that three years ago people on her block donated funds to inoculate the elm trees and this summer they need to be inoculated again. On May 23 the City said they would inoculate the trees and on June 13 said they would not be inoculated. She again has to collect funds in a short time and does not know how much to collect and for what trees. She knows a 30-inch diameter tree translates to 90-inches around. How does she figure the cost? Who will be notified of trees that will be injected and when? She needed to know now because her block will not let their trees die. She begged them to change their vote to full injection of elms and if they cannot, re-consider the size restriction. Many 20-30 inch elm trees deserve to be saved. Virginia Mann, 3004 Normandy Pl., has worked with neighbors and people across Evanston for the past five years to try and save the elm trees. Hundreds of people have participated in the democratic process by attending meetings, writing letters to the editor, writing their aldermen and speaking at meetings on how they want their government run. Council has heard that all want the elm trees saved. There are almost no trees under 10-inch diameter under 50 years of age. The 3 June 27, 2005 22-24 inch diameter elm trees on McCormick should be saved and is what people want. TREE decided a week ago to try and prove to Council that injecting all elms was the right and fiscally responsible thing to do. TREE sent notes to friends and has received 35 letters and 501 signatures on petitions. She distributed a copy of the February 7, 2005 memo for new aldermen that detailed the fiscal reasoning to inject all the trees. Page 366 of the budget shows that the City spends $574,000 annually on a program that is not adequate to save the elm trees. Miki Ferenczy, 1012 Florence Ave., said the majority of homes on his street are more than 100 years old with beautiful mature trees. In the two years he has lived here, a couple of those trees have been lost. His neighbor to the south has lived there for 90 years and knows every single tree there and when it was planted. Many say there are other things they can spend money on. He agreed, but the trees are one thing that bring pleasure to people and are free. Even if trees are not on one’s parkway, they still have value. He thought it was selfish to be unwilling to spend $8 a year to defend trees. Miriam Davidson, 1428 Noyes St., just came back from visiting the forests in Michigan where all the ash trees are barren due to the Emerald Ash Borer. She walked in Evanston, stood under a pair of elm trees and noted that even if they have small diameters they created a beautiful canopy. She hoped they would choose to save pairs of elm trees. Her tree was vaccinated that day. $8 was not too much to spend on the beautiful elm trees. She asked Council to vote to save more American elm trees. Bob Loweth, 2231 Asbury Ave., was concerned that this controversy had become a symbol of Council’s view on quality of life in Evanston. If they don’t explain to citizens why they were willing to make this change and defend it, they are open to the charge of placing cost issues above quality-of-life issues. Council should be concerned about that because Evanston has gone through a lot of change and many are not happy about that. They needed to look at this to see whether Evanston would try to have the best environment possible for residents. Margaret Loweth, 2231 Asbury Ave., 30-year resident, has two grand elm trees they inoculated last August after listening to the meetings where arguments were made. She was disappointed that Council reversed their decision and did it in a way she considered unethical. She is a teacher and tells her students that they don’t want to make a decision until they have heard all sides. Council made this change in such a way that their credibility and ethical qualities are questionable. That bothered her because she is proud to be a part of this City and wanted to see their hard work rewarded, sat through all those meetings and decided that the right thing was to inoculate all the elm trees. Why did they change their mind? Tim Kazurinsky, 1037 Sheridan Rd., noted that the Mayor proclaimed July Parks & Recreation month and suggested they celebrate by having children join them in chopping down an elm tree. He said many Evanstonians put a lot of time and effort into getting Council to inoculate Evanston’s magnificent elm trees -- a euphoric victory after much hard work in February. However, with the help of two new Council members, a few months later Council reneged on that agreement. One Council member said she did not see many elm trees in her ward so did not think it was a problem. If he does not have kids he should not have to pay for schools; if he doesn’t read he should not have to pay for the library. It takes a village. He read the Evanston Review’s editor’s response to an erroneous letter from Nat Silverman. “The Village of Homewood, not Highwood, is a community that injects a percentage of its public trees. The Village of Homewood injected 88 public elms and since 2001 no elms that were injected were lost.” He asked aldermen why they wanted to keep chopping down elm trees at a cost of $3,100 per tree when they don’t have to. Joyce Lopas, 1005 Sheridan Rd., was incredulous that the City they are so proud to live in, would not have the environmentally sensitive position and pride in the magnificent elm trees, one of the City’s glories. The procedural flip- flop was outrageous. Mary Byas, 1432 Noyes St., expressed deep sadness and confusion regarding the Council’s flip-flop decision to overturn their vote to inoculate all elms. They are fortunate to have the elm trees they have and it is their responsibility to protect them. All benefit from the beauty of these trees. She hoped they would reconsider and go back to their original decision. Andrew Rosenthal, 1145 Sheridan Rd., nine-year resident, reported a 100-year-old elm tree was cut down in front of his home last week. He was not aware that the tree would not be inoculated. The Forestry Division, which he helps pay for with real estate taxes, should have taken care of this tree. If the City was not willing pay for it, he should have been informed directly so he could have paid. An article in an Evanston newspaper is not a good way to inform people of the 4 June 27, 2005 need. Direct communication would have saved this tree. He understood that $8 annually on the water bill would have paid for inoculation of all elm trees. If the City does not have the strength to implement the program, then tell homeowners directly. He no longer feels like supporting Evanston. Considering that he has a business here with 40 employees, that is not a good thing. He lost an irreplaceable asset and will never forget. Alex Turner, 815 Milburn St., said his block has lost numerous elm trees. He found it appalling that the City spends more money cutting down elm trees than planting new ones. Nothing is being done to augment this depletion of trees. Trees help personify Evanston and other North Shore suburbs. Evanston will stick out if it is the only suburb without elm trees. Charlie Gregg, 925 Greenwood St., moved here a year and a half ago and only looked at Evanston because it has a dog beach. His family has a community garden, love walking downtown and there are great people in their neighborhood. He was grateful Council was there at that hour to hear from citizens. He said this issue has excited people and it is fairly widespread to support something that on its face is economically reasonable and what to do as a community – keep the town beautiful. Neal Mojlin, 2448 Lincolnwood Dr., spoke for every citizen who was tired of having their government hijacked by one- issue special interests. He had no doubt that TREE has strong and sincere opinions about what should be done to address last year’s spike in Dutch elm disease. They believed more than $2 million should be spent over the next three years on an untested plan to prevent the possible loss of a species of tree that accounts for 12% of the entire tree population. Professionals they pay to make judgments disagree. They believed an even a better result could be achieved by spending $1 million less over the next three years and nine universities agreed. He acknowledged that when he does not know something; listens to the experts; listened to the universities and professional staff. That is what he would expect from City Council. Sift through all the competing needs and passions and make financial decisions that make sense. That is what they did here. The last Council got railroaded by an ill-informed PR campaign that disregarded the opinions of the City’s paid professional staff and the university reports. Council has made an informed decision that it believed makes the best use of public money. He applauded that courage and implored them not to bow to pressure because that is the wrong way to lead. Christopher Travis, 719 Monroe St., said his neighborhood has many elm trees but they are dropping fast. Last year a 150-year elm in front of his house was hit by lightning and tapped into a gas line causing a fire that lasted for seven hours. The bark was barely burned and it would have continued to shade his south-facing home for years. They lost it due to human error and lightning, which they can do nothing about, but they can do something about Dutch elm disease. Tina Seastrom, 800 Hinman Ave., asked who would reimburse residents for the increased cost of air conditioning and air pollution when trees are lost? A 20-foot tree provides the cooling equivalent to 20 window air conditioners. Will Evanston lose its Tree City status if it fails to protect its elm trees? They are talking about three generations of people when they talk about elm trees. The City government does not seem to care what Evanston will look like in 20 years. Where is its vision? She learned that 20% of Evanston’s elms have been lost in the past five years and was skeptical but now believes all elm trees should be inoculated and lost trees replaced with disease-resistant elm trees. Mimi Peterson, 748 Wesley Ave., said that TREE was formed to preserve the character of Evanston and the quality of life by saving historic trees. TREE has worked with City staff on plans to rescue the remaining elms. She thanked the three aldermen who did not change their vote on the trees. All want what is best for Evanston’s historic trees and the best use of tax dollars. That was why the vote of 7-2 to inject all elm trees over 10-inches in diameter was passed. Evanston had the opportunity to be a leader by implementing inoculation of all parkway trees; instead the beautiful trees have become pawns on the political chessboard. The economic issues have been thoughtlessly cast aside and misinformation deliberately continues not to be corrected. Currently the City spends $574,000 to remove elm trees. To prevent the spread of Dutch elm disease Council approved $858,000 based on about $10 a diameter inch. The contract was awarded for $9 a diameter inch. Because Council changed its mind, this will cost taxpayers $86,000. The contract was awarded on a volume/diameter inch basis. With reduced volume the amount per tree will go up, resulting in spending nearly the same amount to inject fewer trees. They will leave the untreated two-third trees to infect the one-third. Their action creates an artificial classification that is fraught with difficulty in the definition and location to determine what is a signature tree. 5 June 27, 2005 Michael Powell, 2404 Brown Ave., saw a grim future for trees in Evanston due to the lack of leadership shown by this Council; disagreed with those who termed people who supported injecting all elms as fanatics and wild-eyed. All were taxpayers and responsible persons. Council should show leadership for the long term, not just short term. Nick Reynolds, 903 Madison St., has three elms in his front yard; was devastated by Council’s decision and lack of communication with fellow citizens. Council made a decision and then flip-flopped for bizarre, not logical reasons. As an accountant, the economics don’t make sense to inoculate a lot less trees for the same amount of money. He suggested they look at their decision again and that they have made a bad decision for the environment, the City and fiscally. He invited Alderman Hansen to look at the east side of Ridge Ave. because there are many elm trees there. Isaac Lamella, 830 Milburn St., was not old enough to vote; admired all and used to want to be a policy maker and now could see it is difficult because they cannot please everyone. Since they cannot please everybody, they have to go with the majority and they know the majority are those who care. He would personally pay the $8 a year. Junad Rizki, 2784 Sheridan Rd., said Council members had sabotaged the tree (inoculation) program and was concerned that it would even be completed. This program was contracted out at $8.89 and is now up to $10.65 an inch, a 20% price increase. He asked what the repair of the fallen ceiling at the 9-1-1 Center would cost taxpayers. He saw a City worker a few weeks ago at the bottom of an excavation without shoring and, if something happened, what would that have cost? He has been to many budget hearings and this is peanuts for the trees and other waste. He spoke to a man at the Morton Arboretum that day and was told the elm trees need to be watered. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Plan Commission Recommendation on Federal Historic Districts (Text Amendment); Major Variation Request, 1044 Elmwood Ave.; Ordinance 83-O-05 - Planned Development, 645 Custer Ave.; Ordinance 57-O-05 - Planned Development - 1603 Orrington; and. Ordinance 59-O-05 - Proposed FY 2005/06 Township Annual Budget. Seconded by Alderman Rainey. Roll call. Voting aye – Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Wynne. Voting nay – none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of June 13, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Items for Future Consideration - Staff recommendations to manage Items for Future Consideration and Unscheduled References (Council Agenda Spreadsheet). * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) *Approval, as recommended, of the City of Evanston payroll for the period through June 16, 2005 and City of Evanston bills for the period ending June 28, 2005, authorized and charged to the proper accounts: City of Evanston payroll (through 06/16/05) $2,125,879.70 City of Evanston bills (through 06/28/05) $2,962,627.73 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid for 2005 Combined Curb & Sidewalk Replacement Program and 2005 Accessible Curb Ramp Program from Schroeder & Schroeder, Inc. in the amount of $182,488.80. Funded by GO Bonds and CDBG funds. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid for 2005 Special Assessment Alley Paving Program from Kings Point General Cement, Inc. in the amount of $876,788. Funded by GO Bonds, CDBG and Special Assessment Funds. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) 6 June 27, 2005 * Approval of the lowest responsive and responsible bid for a two-year contract for Water Meters and Reading Equipment from Badger Meter, Inc. in the amount of $86,535. Funded by the Water Operating Funds. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 81-O-05 - Restricted Parking on Lamar Street - Consideration of Ordinance 81-O-05, which amends Section 10-11-8, Schedule VIII(A) of the City Code to restrict parking on the east side of Lamar St. north of Church St. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 82-O-05 - Declaring City Property as Surplus - Consideration of Ordinance 82-O-05, which declares various items, including hydraulic pumps, rollers, a trailer and a compressor as surplus property to be sold at a public auction at the Huntley Municipal Auction. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 78-O-05 - Special Assessment #1469 - Consideration of proposed Ordinance 78-O-05, by which City Council would authorize the paving of the alley north of Payne St., east of Pioneer Rd. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 79-O-05 - Special Assessment #1470 - Consideration of proposed Ordinance 79-O-05, by which City Council would authorize the paving of the alley north of Lyons St., east of Dodge Ave. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 76-O-05 - Increase in Class D Liquor Licenses - Consideration of proposed Ordinance 76-O-05, which amends Section 3-5-6(D) of the City Code to increase the number of Class D liquor licenses from 22 to 23 for Siam Pasta Thai Cuisine, 809 Dempster St. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 58-O-05 - Amending Title 9 of the City Code - Air Rifles - Consideration of proposed Ordinance 58-O-05, introduced June 13, 2005, which amends Title 9 of the City Code to create a new Chapter 15, “Air Rifles.” * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 62-O-05 - Decrease in Class B1 Liquor Licenses - Consideration of proposed Ordinance 62-O-05, introduced June 13, 2005, which amends Section 3-5-6(B)1 of the City Code to decrease the number of Class B1 Liquor Licenses from 6 to 5 for Pete Miller’s, 1557 Sherman Ave. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 73-O-05 - Increase in Class B Liquor Licenses - Consideration of proposed Ordinance 73-O-05, introduced June 13, 2005, which amends Section 3-5-6(B) of the City Code to increase the number of Class B Liquor Licenses from 12 to 13 for Pete Miller’s, 1557 Sherman Ave. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 74-O-05 - Decrease in Class D Liquor Licenses - Consideration of proposed Ordinance 74-O-05, introduced June 13, 2005, which amends Section 3-5-6(D) of the City Code to decrease the number of Class D liquor licenses from 22 to 21 due to the sale of Viva La Crepe, Inc., 1565 Sherman Ave. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 75-O-05 - Increase in Class D Liquor Licenses - Consideration of proposed Ordinance 75-O-05, introduced June 13, 2005, which amends Section 3-5-6(D) of the City Code to increase the number of Class D liquor licenses from 21 to 22 due to the purchase of Viva La Crepe, Inc., 1565 Sherman Ave. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 63-O-05 - Acceptance of Right-of-Way - 2030 Orrington Ave. - Consideration of proposed Ordinance 63-O-05, introduced June 13, 2005, for acceptance of right-of-way for the 2000 block of Sherman Avenue Alley Paving Project from certain land owned by Peter & Gail Lobin (2030 Orrington Ave.). * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) 7 June 27, 2005 * Ordinance 64-O-05 - Acceptance of Right-of-Way - 2026 Orrington Ave. - Consideration of proposed Ordinance 64-O-05, introduced June 13, 2005, for acceptance of right-of-way for the 2000 block of Sherman Avenue Alley Paving Project from certain land owned by Andrew & Rachel Sollinger (2026 Orrington). * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 65-O-05 - Acceptance of Right-of-Way - 2033 Sherman Ave. - Consideration of proposed Ordinance 65-O-05, introduced June 13, 2005, for acceptance of right-of-way for the 2000 block of Sherman Avenue Alley Paving Project from certain land owned by Sherman Condo Association (2033 Sherman Ave.). * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 66-O-05 - Acceptance of Right-of-Way - 2025 Sherman Ave. - Consideration of proposed Ordinance 66-O-05, introduced June 13, 2005, for acceptance of right-of-way for the 2000 block of Sherman Avenue Alley Paving Project from certain land owned by Sherwood Condo Association (2025 Sherman Ave.). * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 67-O-05 - Acceptance of Right-of-Way - 2018 Orrington Ave. - Consideration of proposed Ordinance 67-O-05, introduced June 13, 2005, for acceptance of right-of-way for the 2000 block of Sherman Avenue Alley Paving Project from certain land owned by Allan & Ellen Drebin (2018 Orrington Ave.). * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 68-O-05 - Acceptance of Right-of-Way - 2014 Orrington Ave. - Consideration of proposed Ordinance 68-O-05, introduced June 13, 2005, for acceptance of right-of-way for the 2000 block of Sherman Avenue Alley Paving Project from certain land owned by Lubavitch Chabad of Evanston (2014 Orrington). * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 69-O-05 - Acceptance of Right-of-Way - 2024 Orrington Ave. - Consideration of proposed Ordinance 69-O-05, introduced June 13, 2005, for acceptance of right-of-way for the 2000 block of Sherman Avenue Alley Paving Project from certain land owned by Simon & Janette Thompson (2024 Orrington). * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 70-O-05 - Acceptance of Right-of-Way - 2020 Orrington Ave. - Consideration of proposed Ordinance 70-O-05, introduced June 13, 2005, for acceptance of right-of-way for the 2000 block of Sherman Avenue Alley Paving Project from certain land owned by Margaret Eissa (2020 Orrington Ave.). * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) PLANNING & DEVELOPMENT: * Ordinance 61-O-05 - Special Use for three Type 2 Restaurants at 2209 Howard St. - Consideration of proposed Ordinance 61-O-05, introduced June 13, 2005, recommendation by the Zoning Board of Appeals to grant a special use for three Type 2 restaurants (Starbucks, Pizza Hut and Food Avenue) inside the Target retail store, 2209 Howard St. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) HUMAN SERVICES: * Resolution 41-R-05 - Agreement between Evanston Police Department & Northwestern University Police - Consideration of proposed Resolution 41-R-05, which establishes biennial City Council approval of the mutual cooperation agreement between the EPD and Northwestern’s Campus Police. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) REPORT OF THE STANDING COMMITTEES HUMAN SERVICES: Mayor Morton asked that Council convene as Township Trustees to consider the Annual Budget for the Township. 8 June 27, 2005 Ordinance 59-O-05 - Proposed FY 2005/06 Annual Budget for Township - Consideration of Ordinance 59-O-05, introduced June 13, 2005, whereby the City Council, acting as Trustees of Evanston Township, approve the annual budget ordinance for Evanston Township for the Fiscal Year April 1, 2005 to March 31, 2006, in the amount of $1,249,930. Trustee Rainey asked the Human Services Committee the flavor of discussion about this budget. Trustee Moran said there was no extensive discussion at the last meeting and there may have been discussion at prior meetings. Trustee Jean- Baptiste said there was discussion of subscriptions that were linked to licensing. Some items categorized as subscriptions did not include licensing for software, which was clarified. Trustee Rainey said for years they have approved the Township Budget with little scrutiny and there has to come a time when they examine this government. It costs $570,000 in salaries and benefits to afford the poor $369,910. She said there was something wrong with this; has spoken out on these budgets and nothing ever happens. She thought the assessor’s position was one of the most archaic of all public offices in Illinois; the assessor does no assessing and when the office is open may advise people when there is a re- assessment. A certified assessor is not needed. The job could be done by different people. She asked why was $35,000 for legal requested for next year? Township Assessor Sharon Eckersall said the attorney is preparing a motion for summary judgment and will go to the judge in July. The judge will determine whether or not this case goes to trial and if it does, $35,000 is budgeted for legal expense. Ms. Eckersall explained that Hoover & Associates sent a letter outlining the cost of a trial. Trustee Rainey recalled the trustees had asked for a full report and suggested this has gotten out of hand. Trustee Rainey asked for an explanation of IMRF cost going from $1,035 to $4,923? Ms. Eckersall stated that is retirement for the Deputy Assessor Diane Benjamin and Jeff, the part-time assistant. Ms. Eckersall thought the increase was because Jeff was added and would have to ask Township Supervisor Pat Vance for an answer because that is handled by payroll. Trustee Rainey noted that expenditures are not discussed; asked about the forensic scientist cost of $2,500? Ms. Eckersall said three years ago, trustees approved $10,000 for a forensic scientist and $7,500 was used. More work was done, which accounts for the $2,500. Trustee Jean-Baptiste recalled that Township Supervisor Vance had reported extensively on the budget. The aim of the Township is to provide a safety net for individuals who fall on hard times; refer them to jobs and provide medical assistance; noted that budgets for any service organization have large personnel costs. The numbers served by the Township have decreased since Pat Vance took over and there has been more fiscal stability. Every year she has cut back and reduced in various areas yet provided services for clients in need. She has taken over Emergency Assistance from the City and saved money. Residents have spoken before Council who were assisted by the assessor’s office when they were confused and needed to appeal their assessment. He thought some criticism was warranted and the picture was not complete because the trustees have no control over the Township Budget. There was a lawsuit filed against the assessor and trustees committed to defend the assessor. Bills have been reviewed and trustees asked the City’s Legal Department to monitor these expenditures. He thought they had exercised the proper amount of responsibility. Trustee Rainey has no issue with those being helped and conceded the number being helped had gone down. However, as the numbers helped go down, the bureaucracy has grown and should not. There are not enough people being served to pay out over $1 million annually. She has made many surprise visits to the assessor’s office and found nobody there. The Human Services Committee has an obligation to be more fiscally responsible about this budget. Trustee Moran moved approval of Ordinance 59-O-05, the proposed Annual Budget for the Township FY 2005/06 in the amount of $1,249,930. Seconded by Trustee Jean-Baptiste. Roll call. Voting aye –Bernstein, Holmes, Moran, Tisdahl, Hansen, Wollin, Jean-Baptiste, Wynne. Voting nay – Rainey. Motion carried (8-1). Mayor Morton reconvened the meeting from Township Trustees to the City Council. PLANNING & DEVELOPMENT: Plan Commission Recommendation: Federal Historic Districts (Text Amendment) - Consideration of the finding and report of the Plan Commission regarding amending the Zoning Ordinance to exclude special uses and variances in federal, but not local, historic districts from review and comment by the Preservation Commission. The Plan Commission recommends not amending the Zoning Ordinance. 9 June 27, 2005 Alderman Bernstein moved rejection of the Plan Commission recommendation. Seconded by Alderman Rainey. Voice vote. Motion carried, no nays. Alderman Bernstein directed staff to bring back an affirmative ordinance. Major Variation request for 1044 Elmwood Ave. - Consideration of the ZBA recommendation to deny a major variation request for a second story addition and two-story rear addition at 1044 Elmwood. Alderman Bernstein reported the committee voted 8-1 to reject the ZBA decision. Alderman Bernstein moved to reject the decision of the ZBA to deny a major variation request for property at 1044 Elmwood and in so doing approve the project. Seconded By Alderman Wynne. Alderman Moran thought preserving the church building, which will eventually become a private residence, was a worthy project and he encouraged the owners to continue in that direction. He noted this proposal was unanimously rejected by the ZBA because of an addition. The rationale was the addition was needed to meet the requirement for two parking spaces. However, the addition is more aggressive than needed to meet those requirements. Signatures of a significant number of people were presented opposed to this project. There was discussion of other less radical possibilities. He suggested they consider them. Voice vote. Motion carried. Ordinance 83-O-05 - Planned Development, 645 Custer Ave. - Consideration of a recommendation from the Plan Commission for Clearwater, LLC, to redevelop the property known as 645 Custer Ave. with 19 residential units and accessory parking. The property is within the MU Transitional Manufacturing District. Alderman Bernstein asked that Ordinance 83-O-05 be marked introduced and referred back to the committee. Ordinance 57-O-05 - Planned Development - 1603 Orrington Ave. - Consideration of proposed Ordinance 57-O-05, findings and report of the Plan Commission to grant a requested planned development for 1603-1629 Orrington Ave. Alderman Bernstein moved approval of Ordinance 57-O-05 as amended. Seconded by Alderman Wynne. Alderman Moran said this development is across the street from the Chandler building and essentially promotes a redevelopment plan that will gobble up the plaza at 1603 Orrington Ave., which has been a significant element of the downtown streetscape. The Chandler project opened up the southeast corner. He was confident that Fountain Square, directly across the street, would be resurrected in the future from its rather derelict status now. He hoped that the building directly north of Fountain Square would be redeveloped and the area would be part of more public space. This proposal worked backwards and would fill up one of the few public spaces left downtown. There is much concern about density downtown, which is beyond what people find attractive. He confirmed the $750,000 subsidy was not included. Roll call. Voting aye –Bernstein, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Wynne. Voting nay – Holmes, Moran. Motion carried (7-2). CALL OF THE WARDS: 4th Ward. Alderman Bernstein invited Council members to participate in the July 4th Parade. He made a reference to staff regarding the liquor designation of the Keg. He encouraged staff to look into methods by which the Council can become more participatory in maintaining the high standards that alcohol must be given in this community; asked staff to determine whether statutes would allow Council to become more participatory. A tragedy 10 June 27, 2005 occurred and he did not attribute a random act of violence to the Keg. Over a year ago the Keg acknowledged they were not doing their part on serving underage persons; came to administrative adjudication and paid a fine. At the same time 19 students from NU acknowledged they were served alcohol by showing their library or Wildkit cards, which don’t show birth dates. The Keg was designated a nuisance by Chief Kaminski prior to this shooting. He suggested there is an atmosphere conducive to violence; has advocated for the Keg and asked that they be treated fairly, however, Grove St. has the Keg plus Bar Louie and is adjacent to Prairie Moon, Tommy Nevin’s and Pete Miller’s, so they could never identify where the activity came from. He was gratified when Mayor Morton suspended the Keg’s license for seven days after the shooting. Council needed to find out exactly what happened to determine if there was any negligence by the Keg’s owner that might have contributed to this unfortunate circumstance. He knew that historically, Council has only been able to approve the application for a liquor license while the liquor commissioner has the authority to suspend licenses and take other appropriate action. He said the City is too dependent upon restaurants here financially and restaurants are too dependent for their existence on selling alcohol. An establishment that violates the privilege of serving alcohol without sanctions sends a bad message that they need to address. He asked Mayor Morton to make sure the Keg does not come before the Council again. The Mayor imposed certain restrictions and since they were imposed, they have been deemed a nuisance. Mayor Morton explained that the liquor commissioner follows state requirements that cannot be circumvented. She has not received a police report on the Keg incident; pointed out that the liquor commissioner only deals with liquor and can only suspend a license for seven days. If charges are brought, there would have to be a hearing and, if circumstances dictate, the liquor commissioner could suspend the liquor license for up to 30 days. She said the duty of the liquor commissioner is to certify that those who apply for a liquor license are qualified. The City Council determines where a liquor license will be used. Mayor Morton requested that Management & Budget Director Pat Casey send Council members a copy of the state liquor law. The Mayor cannot call a public hearing without a report from police. If a citizen wishes to file charges, they have to write it up and give it to the liquor commissioner. Alderman Jean-Baptiste recalled that the Village of Skokie brought charges against Le Renaissance to revoke their liquor license but was not successful. He thought a municipality should be able to bring a charge against an establishment since the Keg was deemed a nuisance premise. He asked for clarification from legal counsel. First Assistant Corporation Counsel Herb Hill explained that the Mayor has the power to revoke or suspend a liquor license. If the Mayor determines that a facility is an immediate threat to the community, the license can be suspended for up to seven days without a public hearing. The licensee has the opportunity within those seven days to request a hearing. The Mayor can revoke a license for up to 30 days. That is done when the Mayor convenes a hearing and sets forth the basis for the revocation and the licensee may refute those charges. An individual citizen may file a specific complaint with the Mayor containing allegations concerning the licensee. The Mayor can determine if the information brought to her is sufficient to take action on the liquor license. That said, it does not prevent the City from prosecuting those who violate the liquor laws by serving underage persons and would not preclude the Law Department and Mayor from developing stricter penalties for individual violations. The report on the Keg has not been completed. Alderman Jean-Baptiste recalled getting a list of 75 violations at the Keg, so why would the Mayor not convene a hearing? Mayor Morton said there was one liquor violation among them and the rest were for battery. Mayor Morton emphasized that she would follow the law. Alderman Rainey said the information forwarded to Council members came from the City’s website. Mayor Morton said if something happens on the street, not inside the Keg, why is it attributed to the Keg? That could happen to any establishment. When there have been instances of things going wrong, did the proprietor call the police or did someone else call? There is much Council could investigate. Alderman Wynne asked the legal basis (case law) for revoking a liquor license? If the violations are only related to liquor, she wanted to know other ways for Council to revoke a business license and if Council could do that? Mr. Hill said that it is not necessarily in the best interest of a successful outcome of a potential hearing to debate various theories the City could proceed on. In regard to the Keg, he said they needed to see the police report, which will be extensive, and the Mayor needs to analyze it. He added there was a complicating factor even though the liquor license is of paramount concern to the City. If there was a homicide, there will be a trial. The City will cooperate fully with the State’s Attorney and not interfere with their investigation and criminal prosecution of the matter. Mr. Hill said there are many standards the liquor commissioner may use to take action against a facility such as conduct but it has to be connected to the liquor license. If the Mayor did not suspend the license for seven days, the Keg could have been open during that time. 11 June 27, 2005 5th Ward. Alderman Holmes reported the Friendship Baptist Church, where Reverend Zollie Webb is pastor, hosted a gospel choir from southern Sweden that was wonderful. Family Focus conducted a community father’s benefit the day before Father’s Day and honored community fathers: Don Baker, Jim Burton, Vernon Clark, Don Colleton, Dr. Michael Martin, Don Michelin and Tom Sollers. The red bags were provided by Delta Sigma Theta sorority, which sponsored a day in the park for HIV/AIDS testing and many people were tested .The event was done in cooperation with the City’s Health Department. The day before, at First Church, the Unity Scholarship event was held. Hundreds of students were honor roll students and a number received scholarships. It was the 20th anniversary of Unity, which has given more than $60,000 a year to African-American students. 6th Ward. Alderman Moran pointed out a more balanced view than what was represented that evening regarding the tree issue; noted people can always bring in a group and argue vigorously on almost anything. When the two principal spokesmen ran campaigns for City Council based upon advocacy of a particular tree program, then come in and indict the people responsible for making the decisions and say they acted as political pawns seemed off to him. The term “misinformation” was used frequently that evening. There has been so much misinformation on the trees it stunned him. Some who spoke said they were disappointed in the City Council. He was disappointed in people who don’t realize what has been said on this issue or won’t recognize it. The City’s staff, an outstanding group, came with a report that did not recommend an injection program for all elm trees. One reason they did not recommend full injection was that virtually every expert consulted said this was not a good idea. The amount they would have spent on injecting all the elms is 10 times the amount spent by the City of Chicago on elm tree injections. One of the reasons Evanston has 3,300 elm trees is that the City has done so much to protect elms over the past decades. The people who advocated for full injections have denigrated the City’s forestry program, which, when compared to the paradigm of experts who weighed in on this with staff, suggests the City has done exactly the right thing with its sanitation program. The City has spent a great deal of money and has had people come in saying that the City was wasting all this money. The money was spent and the elm trees were saved. He did not care for this rhetoric and to be told they are a bunch of fools, are misinforming people and that they don’t understand it. He thought all on Council were sensitive to trees and had worked hard on this issue; nobody tried to pull the wool over anybody’s eyes. He has said same thing for a year. The political ardor that has risen around this issue, where at the podium the head of the Forestry Division could not admit to a statement made at an earlier meeting because people harassed him. They have the head of Parks/Forestry & Recreation forgetting, at the podium, what was said in a report that he had offered to Council, that university forestry departments said tree injections are risky. They received a report that evening that said six trees in northwest Evanston were dying after being injected. Three were taken down. He had calls from people who asked why were trees dying because they had been injected? The man from the Morton Arboretum said the trees have a 50-50 chance of surviving. People on Hartzell St. have called and asked why injected trees are dying. He does not know but knew they were warned that there was a risk with tree injections. Part of the problem was this was pushed through on an emotional and, sometimes a political basis, but it was not thought through. People did not stick to their guns and keep their eye on what they were trying to accomplish here. Now they are reaping the difficulties that come with an unprecedented program. They had no means to pay for it. Now they are told to water before and after vaccination. He wants people to understand why some were skeptical about proceeding to inject all trees. He wanted people to feel that the Council and City staff had not acted in an oafish, political, non- environmental mode and to understand the City has made a large commitment to its urban forest. That it regards many aspects of other thing the Forestry Division has done for a long time such as promotion of different tree species to husband resources in such a way as to be responsible for the entire urban forest, which is an incredibly important asset. He urged people not to jump to conclusions about what has happened in the past and to give it fair consideration. 7th Ward. Alderman Tisdahl said that 1221 Isabella St. is the poster child for zoning reform. She hoped to reach all of them within a few weeks about looking at zoning reform from a laundry list of worst case items or at the entire zoning code. She was convinced staff had done everything possible on 1221 Isabella in conformance with rules and regulations. When looking at it, she did not think it was an appropriate place to permit a building. Although tackling the Zoning Ordinance would be arduous, she thought they had to do something. 8th Ward. Alderman Rainey was comfortable with her flip-flop on the tree vote. She did not think when the Keg’s owner or an employee who calls the police during a crime in progress should be rewarded for calling the police; saw that as 12 June 27, 2005 a reasonable thing to do. A careful look at the summaries showed the majority of the batteries involved underage people. The important information is contained in police reports that Council members may obtain by asking the Chief. She predicted that in the future somebody’s kid, whose parents have resources, will be killed at the Keg. The liquor commissioner and/or the City will be sued because there will be proof that nobody did anything when the last person was killed. She made a reference to the A&PW Committee to discuss an ordinance to be drafted that would result in suspension of business if an establishment serving food and alcohol has more than 10 police calls per month. 9th Ward. Alderman Hansen said a few 9th Ward residents spoke and insinuated that she had said there are no elm trees in the 9th Ward, which was not true. She knows there are many elm trees in the 9th Ward and elsewhere. There was talk of what people want; 37 e-mails and 501 signatures from a population of 75,000 are a small minority of Evanston residents. Two weeks ago, when she spoke about her views on inoculating all elm trees, several people who had spoken at prior meetings had no plan to pay for inoculating all the trees. Former Alderman Newman suggested the 50/50 program. She agreed with Alderman Moran that the plan was not thought through and there are people who do not want to pay for this. In the two weeks since Council’s change of position, a handful of people (not from the 9th Ward) e-mailed her. She welcomed direct communication about this issue from 9th Ward residents. 1st Ward. Alderman Wollin hoped all would drive by Fire Station #3 on Central St. to see the new public art installation that has historic information chosen by firefighters. She announced there are new art panels around the Sherman Plaza development done by various groups around Evanston including District 65. Kathy Best of the Public Art Committee coordinated the installation. She announced the “Silver Wings” sculpture would be installed at the corner of Green Bay Rd. and McCormick Blvd. Alderman Wollin reported that on June 21 she met 2004 Nobel Peace Price winner Wangari Maathai from Kenya and found her message about community and women inspiring. 2nd Ward. Alderman Jean-Baptiste said the experts are still guiding them on the elm trees and he heard the limitation was money. There were plans to pay for tree inoculations with an $8 a year fee and to re-evaluate it in three years. He spoke about the recent tragic shooting and noted if the community does not pay attention to youth who fall through the cracks, graduate from high school with no jobs for unskilled youth or because of economic conditions and hopelessness about the future and are in a depressive situation, problems arise. These are troubled youth looking for something. They coalesce and are not a captive audience of the schools, churches or other institutions. When the police have a sweep, many of these youth show up. The overwhelming majority are black. If they don’t pay attention to them in a comprehensive way, they become liabilities to the community. In the case of the shooting at the Keg, two lives were lost and a piece of everybody else’s life. Gunshots were fired two weeks ago on Dempster and Lee streets. He made a reference to the Human Services Committee to do a needs assessment to determine how they can best intervene in the lives of these youth so these incidents can be minimized. It is important they look at the situation of these youth. 3rd Ward. Alderman Wynne said according to a June 27 memo, 858 public elms had been injected. Six elms experienced distress after injection and 317 elms were injected before the flip-flop. 221 elm trees are scheduled for removal and they are on track for a bad year. She did not know when they decided to follow Chicago’s elm program; thought Evanston’s program was thought out with a plan to pay for inoculation. This was debated in detail. TREE wanted all to pay for the entire plan. Council members came up with the 50/50 plan and paying on the water bills. She heard the Nobel Laureate speak on the radio. She was responsible for planting 30 million trees in deforested Kenya. Her message was that anybody could set out to do something and do it. Through caring for the environment, people are linked and share in world peace. Alderman Wynne made a reference to the Rules Committee regarding a motion for reconsideration. A legitimate issue was raised in the community that when there is a motion to reconsider, there be public notice to the community so the community can come forward. They needed an effective process. Many were dismayed that they had no notice. At 12:37 a.m., Alderman Tisdahl moved that the City council convene into Executive Session to discuss matters of litigation and closed session minutes pursuant to 5 ICS 120/2 (C) (11) and (21). (1) 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 13 June 27, 2005 for the finding shall be recorded and entered into the minutes of the closed meeting. (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Roll call. Voting aye – Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Wynne. Voting nay – none. Motion carried (9-0). There being no further business to come before the Council at 1:14 am. Alderman Wynne moved that Council adjourn. Seconded by Alderman Jean Baptiste. Motion carried unanimously. 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 Clerk’s office.