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HomeMy WebLinkAbout07_11_05_ccCITY COUNCIL July 11, 2005 ROLL CALL - PRESENT: Alderman Holmes Alderman Wollin Alderman Moran Alderman Jean-Baptiste Alderman Tisdahl Alderman Wynne Alderman Hansen Alderman Bernstein A Quorum was present. NOT PRESENT AT ROLL CALL:Alderman Rainey PRESIDING:Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, July 11, 2005, at 9:06 p.m. in the Council Chamber. ANNOUNCEMENTS: City Manager Julia Carroll invited residents to participate in contributing to the Strategic Plan for the City at a public meeting July 26, 7:00 p.m. in Beardsley Cafeteria, ETHS, 1600 Dodge Ave. Parks/Forestry & Recreation Director Doug Gaynor stated that the City has a dedicated professional staff that provide services to citizens with special needs and inclusion services to more than 450 individuals in accordance with the Americans with Disabilities Act. He introduced Special Recreation Program Manager Leonard Woodson. Mr. Woodson introduced some of the 20 Special Olympians who competed in the Illinois Special Olympics Games held June 17-19 in Bloomington and their parents. They participated in 41 different track and field and swimming events and brought home 31 medals. As host area for the Games, they participated in opening ceremonies. All repeated the oath: “Let me win, whatever I cannot win, let me be brave in the attempt to win.” Mayor Morton announced the Liquor Commission is beginning to update regulations concerning the sale and service of alcohol in restaurant and retail establishments. A public hearing for all liquor license holders has been scheduled for Monday, July 25, 10:00 a.m. in Room 2200. A public hearing for citizens on the same topic will be held Tuesday, August 16, 7:00 p.m. in Room 2200. CITIZEN COMMENT: Irwin R. Levinson, 1308 Kirk St., called for a resolution from the Evanston City Council that asks the United States government to immediately withdraw all military and military support units from Iraq and shift control to the government there. He hoped that Council would deliberate this matter; noted the U.S. government is involved in the destruction of another country. A resolution will be presented to Council. As has happened in the past, Council has been able to formulate a document with the guidance of many people. Indiana has such a resolution and other cities around the country are drafting resolutions. He asked, in the name of the 1,500 Americans killed there, and more than 50,000- 100,000 Iraqis who have died needlessly, to withdraw American forces. Dale Lehman, Chicago resident, representing Neighbors for Peace, said that Evanston has led the way among Illinois communities in setting a moral tone regarding national policies that don’t ring true to the nature and values of this society. He saw that with the Patriot Act and the Gulf War. He seconded Mr. Levinson’s suggestion; said a proposal will be presented to a Council committee. Alderman Jean-Baptiste is working with their members. He said it is important for grassroots democracy to formulate values that are implemented at the national level in a time of great fear. Often mistakes are made in the name of security and patriotism. He quoted, “My country right or wrong, when right to keep it right, when wrong to make it right.” The rest of the world sees where America is today and it is up to citizens to put it back on track. He hoped they would accept suggestions from their group and others and do the right thing. 2 July 11, 2005 Emilie Hogan, 2127 Orrington Ave., new resident, expressed concern about proposed plans for the Kendall property and her love for that neighborhood. Her street is beautiful with its setbacks, homes and trees. She has two young children, walks frequently around the neighborhood and feels happy and peaceful on those walks. She was concerned about the proposed plan and the level of development, which would involve cutting down trees, smaller sized lots and smaller setbacks. While living there a short time, she has found it a special and beautiful area and wanted to see it preserved. She supported making the area R1, an important move to preserve the character and beauty of this neighborhood. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Report on definition/addition of “Significant” trees for the Elm Tree Injection Program; Ordinance 76-O-05 - Increase in Class D Liquor Licenses - Siam Pasta; Ordinance 83-O-05 - Planned Development, 645 Custer Ave.; Planned Development - Kendall College - Plan Commission Recommendation; Ordinance 90-O-05 - Major Variation Request, 1044 Elmwood Ave.; Housing Commission Recommendation for HOME Funds; Appeal of the Preservation Commission Decision - 2408 Orrington and Stuart Opdycke - Plan Commission Appointment. Seconded by Alderman Holmes. Roll call. Voting aye – Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Wynne, Bernstein. Voting nay – none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of June 27, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: *Approval, as recommended, of the City of Evanston payroll for the period through July 7, 2005 and City of Evanston bills for the period ending July 12, 2005, authorized and charged to the proper accounts: City of Evanston payroll (through 07/7/05) $2,234,257.84 City of Evanston bills (through 07/12/05) $3,615,832.63 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Clauss Brothers, Inc. in the amount of $736,880 for Lovelace Park renovations. Funded by 2003-04 CIP, 2004-05 CIP and 2005-06 CIP. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of sole-source contract for Microsoft Enterprise License Agreement renewal in the amount of $62,138.71 in three installments from CDWG, Inc. Funded by CIP. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from EJ Equipment in the amount of $229,995 for a sewer cleaning machine. Funded by Fleet Services. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Acceptance of Grant Award - Accept the annual grant to the Police Department’s Youth Outreach Program in the amount of $35,692, from the Cook County Judicial Advisory Council for FY 2005-06. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 80-O-05 - One-way Stop on University Pl. at East Railroad - Consideration of Ordinance 80-O-05, which amends Section 10-11-5, Schedule V(A) of the City Code to install a one-way stop sign on University Pl. at East Railroad Ave. * MARKED INTRODUCED – CONSENT AGENDA 3 July 11, 2005 * Ordinance 86-O-05 - Parking Violation Penalties - Consideration of proposed Ordinance 86-O-05, which amends 10-11-17, Schedule XVII (G) of the City Code pertaining to Parking Violation Penalties. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 78-O-05 - Special Assessment #1469 - Consideration of proposed Ordinance 78-O-05, introduced June 27, 2005, by which City Council would authorize the paving of the alley north of Payne St., east of Pioneer Rd. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 79-O-05 - Special Assessment #1470 - Consideration of proposed Ordinance 79-O-05, introduced June 27, 2005, by which City Council would authorize the paving of the alley north of Lyons St., east of Dodge Ave. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 81-O-05 - Restricted Parking on Lemar Ave - Consideration of Ordinance 81-O-05, introduced June 27, 2005, which amends Section 10-11-8, Schedule VIII(A) of the City Code to restrict parking on the east side of Lemar Ave. north of Church St. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 82-O-05 - Declaring City Property as Surplus - Consideration of Ordinance 82-O-05, introduced June 27, 2005, 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. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) PLANNING & DEVELOPMENT: * Ordinance 89-O-05 - Federal Historic Districts (Text Amendment) - Consideration of Ordinance 89- O-05, which amends Section 6-15-11 of the Zoning Ordinance to eliminate Preservation Commission mandatory review and comment of developments on non-landmark properties in federal, but not local, historical districts. * MARKED INTRODUCED – CONSENT AGENDA * Sidewalk Café at 640 Church St. (Sashimi Sashimi) - Consideration of the Site Plan & Appearance Review Committee’s recommendation for approval of a sidewalk café for Sashimi Sashimi, (Type 2 restaurant) at 640 Church St. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Temporary Signage Request for American Craft Exposition - Consideration of the request for the Auxiliary of Evanston Northwestern Healthcare to erect temporary signs and banners advertising and directing patrons to the American Craft Exposition to be held August 25-28, 2005, at the Henry Crown Sports Pavilion. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) APPOINTMENTS: Mayor Morton asked the following appointment be introduced: Suzanne Hohman Preservation Commission 632 Garrett Pl. * APPROVED - CONSENT AGENDA Mayor Morton asked the following reappointment be introduced: Susan Rundle Preservation Commission 2505 Hartrey Ave. * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES 4 July 11, 2005 ADMINISTRATION & PUBLIC WORKS: Consideration of a report on the definition and addition of “Significant” trees for the Elm Tree Injection Program. City Manager Julia Carroll explained when Council voted on June 13 to revise the Elm Tree Injection Program, they asked that a report be brought back to them on July 11. Council was asked to review the report and either approve, discuss or give staff feedback. Alderman Tisdahl was concerned that $37,720 would be taken from tree planting and did that mean fewer trees would be planted? She did not want any amount taken from tree planting. Ms. Carroll said that was suggested because there were few places to find funds. She understood the City was to increase the tree planting program by about $90,000 and would still have $53,000 to plant trees if they subtracted $37,720. If they wished to amend the budget, in total, by $37,000 and increase appropriations, that amount could be taken from the fund balance. Council could consider that option if they did not wish to reduce tree plantings. Alderman Rainey also did not want to sacrifice new tree planting, which is an excellent policy to diversify trees planted. She supported injections of significant elm trees, but not if it impacted tree planting. Alderman Moran also supported continued tree planting of diverse species. Alderman Rainey moved that the FY2005-06 budget be amended to take $37,720 from the reserve fund for the Elm Tree Injection Program. Seconded by Alderman Holmes. Alderman Rainey asked for clarification on the estimated cost of $6.50/inch to inject the remaining significant elms. Mr. Gaynor explained that staff would do injections in the second year. The cost is less because they would only buy product. Roll call. Voting aye – Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Wynne, Bernstein. Voting nay – none. Motion carried (9-0). Ordinance 76-O-05 - Increase in Class D Liquor Licenses - Consideration of proposed Ordinance 76- O-05, introduced June 27, 2005, 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. Alderman Rainey moved approval of Ordinance 76-O-05. Seconded by Alderman Jean-Baptiste. Alderman Bernstein noted the restaurant would be open only until 10:00 p.m.; wondered why the “D” category for a license does not limit time? Why were they voting to increase the time to serve alcohol to 1 or 2 a.m. weekends with an establishment near a residential area? Budget & Management Director Pat Casey explained under the current license structure those are the hours for that category of license. Mayor Morton has asked to review the 26 different categories of licenses and that they be consolidated so a restaurant may choose to have a 10:30 p.m. or 11:00 p.m. license. Mr. Casey explained that licenses with a “B” “C” and “D” classification all have a 1-2 a.m. a closing time. Alderman Bernstein asked for clarification and an update under Liquor Control Commission, City of Evanston, which lists the licenses. Mr. Casey said that would be done. Alderman Rainey said regarding the schedule of annual fees and categories and what a license holder is allowed to sell, some have times and some don’t. She asked why they cannot put the times in? Mr. Casey said staff is working to make it easier for applicants and Council to understand the different categories. Roll call. Voting aye – Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Wynne, Bernstein. Voting nay – none. Motion carried (9-0). PLANNING & DEVELOPMENT: Ordinance 83-O-05 - Planned Development, 645 Custer Ave. - Consideration of a recommendation from the Plan Commission for Clearwater, LLC, introduced June 27, 2005, 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 reported that this item was held in committee and would be the subject of a Special P&D Committee meeting on July 18. 5 July 11, 2005 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. Alderman Bernstein reported that this item was returned to the Plan Commission. Ordinance 90-O-05 - Major Variation request for 1044 Elmwood Ave. - Consideration of proposed Ordinance 90-O-05, regarding a major variation request for a second story addition and a two-story rear addition at 1044 Elmwood Ave. Alderman Bernstein reported the committee voted 8-1 for introduction. Two minor amendments were added and he asked that Ordinance 90-O-05 be marked introduced. Housing Commission Recommendation for HOME Funds for ECDAs 736-738 Dobson Project - Consideration of the Housing Commission recommendation for funding of $360,000 in HOME funds for the Evanston Community Development Association’s acquisition of six units at 736-738 Dobson St. for an affordable condominium conversion project. Alderman Bernstein reported that this item would be held in committee until the July 25 meeting. Appeal of the Preservation Commission Decision - 2408 Orrington Ave., Kendall College - Consideration of an appeal of the Preservation Commission decision by Smithfield Properties, LLC 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. Alderman Bernstein asked that this item be referred back to the committee. APPOINTMENTS: Stuart W. Opdycke Plan Commission 1327 Hinman Ave. For term ending July 15, 2008 Alderman Moran moved to introduce Mr. Opdycke’s appointment. Alderman Moran moved to Suspend the Rules to confirm an appointee on the same evening that he was introduced. Seconded by Alderman Rainey. There were no objections. Alderman Moran moved approval of Mr. Opdycke’s appointment to the Plan Commission. The motion was seconded. Voice vote. Motion carried unanimously. CALL OF THE WARDS: 5th Ward. Alderman Holmes acknowledged the passing of community matriarch Anna Belle Crawford Frazier. 6th Ward. Alderman Moran announced the Human Services Committee meeting on July 18 would start at 7:30 p.m. He suggested residents do all they can to tend to parkway trees during the drought, which could have serious long-range adverse impact on trees; urged people to water trees to lessen the drought’s impact on them. 7th Ward. Alderman Tisdahl asked City Manager Carroll to suggest a procedure to revise the Zoning Ordinance. She invited all to a meeting Wednesday July 13, 6:30 p.m., at the Chandler-Newberger Community Center to discuss bus 6 July 11, 2005 transportation on Central St. Representative Julie Hamos and Alderman Tisdahl will host the meeting. 8th Ward. Alderman Rainey has driven around other communities that look green during the drought while Evanston looks dried up, brown and shriveled. The reason there is little watering is the sewer tax. People cannot afford to water bushes and trees. She suggested that Council get the water flow study done quickly; explained a study is underway on how Evanston’s water is used to see if the tax is applied fairly. Watering lawns does not affect sewers. People should be out watering bushes and trees. The grass will come back. She has never seen Evanston look so bad. Alderman Rainey made a reference to the A&PW Committee to develop an ordinance that would prevent the presence of anyone under 21 years of age in an establishment that sells alcohol after 11:00 p.m. 9th Ward. No report. 1st Ward. Alderman Wollin urged 1st Ward residents to attend the meeting Wednesday, July 13, 6:30 p.m. at the Chandler-Newberger Center. Many have told her about the changes in the #201 bus from Sherman Ave. to Sheridan Rd., which has been especially difficult for elderly and disabled riders. 2nd Ward. Alderman Jean-Baptiste reminded all that Thursday, July 28 there would be a public hearing on the West Side TIF at ETHS. He noted that Dr. Allan Alson, ETHS Superintendent, would retire in 2006 and work with the Bill Gates Foundation. He asked the city manager to share her plan to market Radio Evanston as a tool of communication. He recalled the crisis several years ago with the gas line break and how difficult it was to communicate with residents. He reminded the Human Services Committee chairman that he had made a reference to the committee that they get youth services in Evanston on the agenda as soon as possible. He made a reference to the Human Services Committee that the request by Neighbors for Peace for a resolution to withdraw troops from Iraq be put on the August agenda. 3rd Ward. Alderman Wynne reported she had learned that the Preservation Commission has somewhat different voting rules than the ZBA, Plan Commission and City Council. She made a reference to the P&D Committee to bring the Preservation Commission’s voting quorum and status into alignment with the ZBA, Plan Commission and City Council. She understood the Preservation Commission consists of 10 members. There must be a majority of a quorum to pass something, which is not case with the Preservation Commission, but is true for the ZBA and Plan Commission. A quorum of the Preservation Commission is six. There were several instances when seven members were present and four voted in the majority and three against. She was thinking of a house proposed to be built at 100 Greenwood in the 1st Ward, close to the 3rd Ward, which carried with four votes--not a majority of a quorum. She said it undermines the effectiveness of the Preservation Commission if there is a sense in the community that it has a minority number voting for something simply because seven were present instead of ten, a certain outcome would occur that would not have occurred if the same rules applied. She urged this be looked at quickly because some in the public have questioned that vote. 4th Ward. Alderman Bernstein congratulated the Evanston Fourth of July Association for another wonderful celebration; announced a Special Planning & Development Committee meeting on Monday, July 18, 6:00 p.m. He asked the city manager about the potential problem of many trees drying up and dying. Parkway trees that have to come down could cost $3,500 plus per tree. He asked if the water payment could be abated so that people would be motivated to water trees and preserve them. He said his household experienced a lot of smoke due to an exhaust fan that burned out that morning and they called the Fire Department. While they were there, he looked at his residence with the thought of fire prevention. He resolved to 7 July 11, 2005 make his house better by photographing everything, changing all batteries and eliminating paper in various locations. He encouraged others to do the same. Mayor Morton recalled being told by an arborist that during a drought, trees shutdown and it takes longer to inject them. That made her wonder, if this was correct, how far would they get with the injection program? Ms. Carroll would check on that; knew that weather and moisture content of the tree make a difference with absorption of the fungicide. City Manager Carroll stated the City is under contract for a sewer rate study. She had requested a deferral of the sewer rate increase scheduled to go into effect March 1. A draft of the study will be brought back at the August 15 meeting. They will look at having a summer sewer rate that would not charge for lawn watering. There being no further business to come before the Council at 10:08 p.m., Alderman Wynne moved to 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.