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HomeMy WebLinkAbout07_25_05_ccCITY COUNCIL July 25, 2005 ROLL CALL - PRESENT: Alderman Moran Alderman Rainey Alderman Tisdahl Alderman Wollin A Quorum was present. Alderman Bernstein NOT PRESENT AT ROLL CALL:Aldermen Jean-Baptiste, Wynne, Holmes ABSENT:Alderman Hansen PRESIDING:Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, July 25, 2005, at 5:20 p.m. in the Aldermanic Library. Alderman Bernstein moved that Council convene into Executive Session for the purpose of discussing matters related to personnel, real estate, litigation and closed session minutes pursuant to 5ILCS Section 120/2 (c) (3) (5) (6) (11) and (21). Seconded by Alderman Moran. (3) The selection of a person to fill a public office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance. (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. (6) The setting of a price for sale or lease of property owned by the public body. (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Roll call. Voting aye – Moran, Tisdahl, Rainey, Wollin, Bernstein. Voting nay – none. Motion carried (5-0). At 6:28 p.m. Alderman Bernstein moved that the Council reconvene into open session and recess. Seconded by Alderman Moran. Motion carried unanimously. Mayor Morton reconvened the City Council meeting at 8:50 p.m. in the Council Chamber. ANNOUNCEMENTS: City Manager Julia Carroll announced that the 22nd annual National Night Out would be Tuesday, August 2, from 7:00- 10:00 p.m. Police Chief Frank Kaminski invited residents to participate by turning on outdoor lights and spending the evening with neighbors, neighborhood crime watches and other neighborhood groups; noted this program is observed throughout the nation. Parks/Forestry & Recreation Director Doug Gaynor announced that beginning Monday, August 1, beaches would close at 7:30 p.m. and that beach tokens will sell for $13.50 (half-price) on that date. Mr. Gaynor announced that the 33rd Annual Evanston Lakeshore Arts Festival would be Saturday and Sunday, August 6-7, from 11:00 a.m. to 6:00 p.m. at Dawes Park and the lakefront. 2 July 25, 2005 City Clerk Mary P. Morris announced that the North Shore Mosquito Abatement District (NSMAD) would spray on Tuesday, July 26, between the hours of 8:00 p.m. and 2:00 a.m., weather permitting. The border streets are: North- Central St., East-Pioneer Rd., West-Crawford Ave. and South: Golf Rd. /Elgin Rd. CITIZEN COMMENT: Junad Rizki, 2784 Sheridan Rd., asked for a response to the following: that the City conduct an independent investigation of an event involving trenching and possibly retrain City workers. He was concerned that police officers work for private employers and liability issues; asked Council to address the issue of who these officers actually work for. He asked why the City was using racial criteria for PSA testing for men and how much the City spends on the community picnic since it is not in the City budget. He questioned the propriety of the City taking money from businesses for the picnic. Amy Reichert, 1111 Maple Ave., urged Council to vote to uphold the unanimous denial of the ZBA for the five or six variances for an addition at 1044 Elmwood Ave. She alleged this amounted to privatization of a public amenity – parking on Greenleaf. The curb cut at 28 feet is twice as wide as any existing curb cut on the street and wider than the alley plus 7 feet on either side totaling 42 feet that will be removed from public parking. It would be the first curb cut near Nichols School and poses a hazard for children walking to and from school. For two private garage spaces it poses a hardship on the neighborhood. The applicant claimed hardship in meeting the code requirement to provide parking for additional bedroom space and asked for five variances. In terms of character and use, a two-car attached garage is antithetical to the spirit of residential development there. Sam Fleischacker, 1111 Maple Ave., spoke against granting variances for 1044 Elmwood; urged Council to uphold the ZBA’s decision. The Zoning Board provided an open democratic process with hours of hearings with many neighbors present; heard this project twice and both times voted unanimously against it. It seemed undemocratic for Council to overturn that decision and not respect the process that took into account the neighbors views. This project imposes costs upon the neighborhood. One wonderful feature of their neighborhood is that adults and children can walk without encountering traffic hazards found in some suburban communities. A large curb cut interferes with that and sets a bad precedent. This project threatens a large old tree near a neighboring home; blocks the view of another neighbor and will produce noise from a condenser. It was not clear why five variances have to be granted to allow these costs upon the neighbors, especially when the purchasers knew in advance the need for parking there. Why would the City want to send the message that anybody who is wealthy or well-connected, and knowing they are going to impose large costs on the neighborhood, can get around the Zoning Board by appealing to the aldermen afterwards. Rebecca Dudley, 910 Greenleaf St., appreciated Council’s time spent on 1044 Elmwood. She had submitted a petition with signatures of 40 people who were concerned about the requested variances. It has always been about the neighborhood, the City and its character. Neighbors are concerned about the precedents set in granting these variances for this intersection, neighborhood and R1 districts for existing, non-compliant buildings and encroaching on open green public space. Although she disagreed with decisions made by Council thus far, she was hopeful they would make a decision regarding their neighborhood that evening. What made her feel the saddest was the possibility that they would uphold the decision made by the P&D Committee, because in so doing they will close the door to possible negotiation with the neighbors. She thought an agreeable solution could be negotiated as they are all reasonable people. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Ordinance 90-O-05 - Major Variation Request, 1044 Elmwood Ave.; Housing Commission Recommendation for HOME Funds; Ordinance 93-O-05 - Plan Commission Recommendation on Zoning Ordinance Text Amendment - Zoning and Administrative Adjudication and Ordinance 83-O-05 - Planned Development, 645 Custer Ave. Seconded by Alderman Rainey. Roll call. Voting aye – Moran, Tisdahl, Rainey, Wollin, Jean-Baptiste, Wynne, Bernstein, Holmes. Voting nay – none. Motion carried (8-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: 3 July 25, 2005 * Approval of Minutes of the Regular City Council Meeting of July 11, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) ADMINISTRATION & PUBLIC WORKS: *Approval, as recommended, of the City of Evanston payroll for the period through July 21, 2005 and City of Evanston bills for the period ending July 26, 2005, authorized and charged to the proper accounts: City of Evanston payroll (through 07/21/05) $3,605,023.96 City of Evanston bills (through 07/26/05) $2,334,215.19 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the lowest responsive and responsible bid from L. Marshall Roofing and Sheet Metal, Inc. for roof replacement at the Water Treatment Facility in the amount of $67,000. Funded by the Depreciation, Improvement and Extension account. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Resolution 43-R-05 - ITEP Grant for the Evanston Lakefront Corridor Reconstruction Project - Consideration of proposed Resolution 43-R-05, which authorizes the City Manager to sign an FY 2005 local assurance document for an application to participate in an interagency/joint funding agreement through the Illinois Transportation Enhancement Program (ITEP) for the Evanston Lakefront Corridor Reconstruction Project. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 45-R-05 - ITEP Grant for the Chicago Avenue Streetscape Project - Consideration of proposed Resolution 45-R-05, which authorizes the City Manager to sign an FY 2005 local assurance document for an application to participate in an interagency/joint funding agreement through the Illinois Transportation Enhancement Program (ITEP) for the Chicago Avenue Improvement Project. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Ordinance 80-O-05 - One-way Stop on University Pl. at East Railroad - Consideration of Ordinance 80-O-05, introduced July 11, 2005, 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. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 86-O-05 - Parking Violation Penalties - Consideration of proposed Ordinance 86-O-05, introduced July 11, 2005, which amends 10-11-17, Schedule XVII (G) of the City Code pertaining to Parking Violation Penalties. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) PLANNING & DEVELOPMENT: * Ordinance 91-O-05 - Extending Moratorium on Issuance of Building Permits on Central from Bennett to Marcy - Consideration of a second 90-day extension of the 90-day moratorium on the issuance of permits for construction of buildings on Central St. between Bennett and Marcy avenues, which was established by Ordinance 43-O-05, adopted March 14, 2005 and extended by Ordinance 56-O-05, adopted May 23, 2005. MARKED INTRODUCED * Ordinance 89-O-05 - Federal Historic Districts (Text Amendment) - Consideration of Ordinance 89- O-05, introduced July 11, 2005, 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. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) HUMAN SERVICES COMMITTEE: 4 July 25, 2005 * Approval of June Township Monthly Bills - Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of June 2005 in the amount of $88,484.95. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) APPOINTMENTS: Mayor Morton asked the following appointments be introduced: Steven F. Frost Arts Council 137 Clyde Ave. Penny Rotheiser Arts Council 1717 Dobson St. Robert Costello Police Pension Board 2135 Sherman Ave. Rebecca Dudley Preservation Commission 910 Greenleaf St. * APPROVED - CONSENT AGENDA Mayor Morton asked the following reappointments be introduced: Paul Morse Energy Commission 2421 Noyes St. Marybeth Schroeder Library Board 2734 Asbury Ave. Stanley Gerson Preservation Commission 200 Lee St. * APPROVED - CONSENT AGENDA Mayor Morton asked the following appointment be confirmed: Suzanne Hohman Preservation Commission 632 Garrett Pl. For term ending July 30, 2008 Mayor Morton asked the following reappointment be confirmed: Susan Rundle Preservation Commission 2505 Hartrey Ave. For term ending July 30, 2008 REPORT OF THE STANDING COMMITTEES PLANNING & DEVELOPMENT: Ordinance 90-O-05 - Major Variation request for 1044 Elmwood Ave. - Consideration of proposed Ordinance 90-O-05, introduced July 11, 2005, regarding a major variation request for a second story 5 July 25, 2005 addition and a two-story rear addition at 1044 Elmwood Ave. Alderman Bernstein reported there were amendments to the ordinance. On page five, Section 3, eliminate language and substitute the following language: “That pursuant to Section 6-3-8-14 of the Zoning Ordinance which provides that the City Council may impose conditions on the grant of variations, these conditions are hereby imposed: a) Development and use of the subject property shall be in substantial compliance with all applicable legislation, with the testimony and representations of the Applicants before the Zoning Board of Appeals, Planning and Development Committee, and the City Council. b) Any exterior air conditioner unit shall be a unit that operates at or below 55 decibels at all property lines. c) Applicants shall conduct their excavation and construction in the vicinity of the oak tree located on the abutting property as represented to the ZBA, including root pruning and erection of barriers to prevent soil compaction in the root zone.” Alderman Bernstein moved approval of the amendments. Seconded by Alderman Wynne. Motion carried. No nays. Alderman Bernstein moved approval of Ordinance 90-O-05 as amended. Seconded by Alderman Wynne. Alderman Moran visited the site to visualize the impact this project would have on surrounding property. The project was described as good from the standpoint of adaptive-reuse of a building traditionally used as a church. The argument was that making the transition from a church to a single-family home and retaining the design of the church would benefit the area. He became concerned when he saw the size of the new garage with a second story containing two bedrooms. When he looked at the measurements of the proposed additions, the lot and surrounding lots, he changed his opinion about the proposed addition. He thought that this would overwhelm the home directly to the west and the home to the south will be confronted with a wall and a condenser unit. Ms. Dudley’s remarks hit the mark regarding this being a neighborhood issue. He saluted the applicants for making a major commitment by investing significant dollars but there needed to be a balance between that and the imposition on the neighborhood. He was convinced the project was not good, not neighborly and does not allow for reconciliation between the applicant and the neighbors; believed there should be further negotiation between the parties. Creative minds and people of good will could reach a compromise so the project could go ahead without such an impact on the area. Roll call. Voting aye – Tisdahl, Rainey, Wollin, Jean-Baptiste, Wynne, Bernstein, Holmes. Voting nay – Moran. Motion carried (7-1). Housing Commission Recommendation for HOME Funds for ECDA’s 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 was held in committee. Ordinance 93-O-05 - Plan Commission Recommendation on Zoning Ordinance Text Amendment: Zoning and Administrative Adjudication - Consideration of the findings and report of the Plan Commission regarding amending Section 6-3-10-5 of the Zoning Ordinance regarding the “remedies and penalties for zoning violations.” The changes clarify that the City’s administrative hearing officers are authorized to hear zoning compliance cases and adjust the fines for zoning offenses. Alderman Bernstein asked that Ordinance 93-O-05 be marked introduced. Alderman Bernstein moved to Suspend the Rules to adopt Ordinance 93-O-05, which was introduced that evening. Seconded by Alderman Rainey. Motion carried. No nays. Alderman Bernstein moved approval. Seconded by Alderman Wynne. Roll call. Voting aye – Moran, Tisdahl, Rainey, Wollin, Jean-Baptiste, Wynne, Bernstein, Holmes. Voting nay – none. 6 July 25, 2005 Motion carried (8-0). 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 asked that an amendment to Ordinance 83-O-05 be read into the record. Community Development Director James Wolinski said to insert a new Section 5 on page 5. “That pursuant to Section 6-3-5-12 of the Zoning Ordinance, which provides that the City Council may impose conditions on the grant of a special use, these conditions are hereby imposed: A. Development and use of the subject property shall be in substantial compliance with all applicable legislation and City ordinances, with the testimony and representations of the Owner to the Plan Commission, the Planning and Development Committee, and the City Council, and with all approved plans and documents on file in this case no. ZPC 05-02-PD; and B. The Owner voluntarily agrees to donate $38,000 (thirty-eight thousand dollars) to the Mayor’s Special Housing Fund, consistent with the Comprehensive General Plan’s policy to ‘Encourage proposals from the private sector that will maintain the supply of moderately-priced housing, both rental and owner-occupied.’ This donation, a public benefit pursuant to Section 6-3-6-3(E) of the Zoning Ordinance, by adding to the Fund’s financial resources, facilitates the provision of a variety of housing types.” Alderman Bernstein moved approval of the amendment. Seconded by Alderman Moran. Motion carried unanimously. Alderman Bernstein moved approval of the ordinance as amended. Seconded by Alderman Rainey. Roll call. Voting aye – Moran, Tisdahl, Rainey, Wollin, Jean-Baptiste,Wynne, Holmes. Voting nay – Bernstein. Motion carried (7-1). Mayor Morton stated citizens have called her attention many times to the fact that the parking lot at the Civic Center is often full and that they have to drive around several times to find a place to park or park on the street. She asked that parking at the Civic Center be revisited. She noted a large number of City vehicles are parked in the lot and those drivers have to come into the Civic Center. She asked if additional parking could be provided for citizens who come to do business at the City because this affects people trying to get to meetings or appointments on time. She asked that staff consider increasing the number of parking spaces on Civic Center property for Evanston citizens. Alderman Wynne said the Parking Committee would look at this; recalled several years ago there was a plan to add 50- 60 parking spaces at a cost of $250,000 but there were problems and it was not implemented. CALL OF THE WARDS: 6th Ward. Alderman Moran reported that evening at the Planning & Development Committee they re-commenced discussion of adoption of an affordable housing policy. He found it positive but they need to work on it vigorously. Several years have gone by since interest was expressed in having an affordable housing policy. He looked forward to the discussion in the near future and hoped that they would adopt an affordable housing policy. An item deferred from the staff white paper was the “tear down tax.” He hoped the City Manager will direct staff to bring forth an ordinance that will call for a fee to the City for tearing down single-family homes that would be put into an affordable housing fund. 7th Ward. Alderman Tisdahl suggested that Council discuss beach days when the temperature is 100°F or above and there is a heat advisory; thought it would be reasonable to have free beach days for all citizens on those days. 8th Ward. Alderman Rainey asked staff and the City Manager to respond to Mr. Rizki about safety when trenching is done. She was concerned that City employees be safe. Given recent incidents in other communities, they should look at it. Alderman Rainey wanted to know everything having to do with off-duty service by police officers serving in the 7 July 25, 2005 capacity of a police officer. What are the rules, requirements, restrictions and guidelines having to do with police officers doing police work off-duty. She suggested that Evanston beaches should be free when the temperature is above 90°F. 2nd Ward. Alderman Jean-Baptiste asked the City Manager to look into the use of racial criteria to provide PSA testing; noted that Zollie Webb from the Health Department goes to barbershops and encourages African-American men who have a higher incidence of prostate cancer to get tested. He asked that the City expand this service to all barbershops. He asked that his reference to consider adopting a resolution to end the war in Iraq be on the Human Services Committee agenda of the meeting on Monday, August 1, 7:00 p.m. 4th Ward. Alderman Bernstein also supported the availability of PSA tests, a life-saving blood test to determine the presence of prostate cancer. He invited residents to a sidewalk sale by Chicago Ave./Dempster St. merchants this Friday, Saturday and Sunday. He said addressing parking at the Civic Center speaks to the obsolescence of the building. He recalled the project brought to the Parking Committee proposed that about 10-feet more of the green space be used for parking; neighbors were up in arms and the $250,000 cost was prohibitive. He noted the prior Council voted unanimously that the City find adequate parking in some other location for the Civic Center. He announced that Harry Shubart had passed away; noted he was a positive presence around the Civic Center, a believer in Evanston, substantiated every claim he made and will be missed by the community. 5th Ward. Alderman Holmes also wanted to hear answers to Mr. Rizki’s concerns. She announced that Thursday, July 28 there would be a public hearing on the TIF project for the Church/Dodge corridor at ETHS, which includes some of the 2nd and 5th wards. She hoped people could come and voice their opinions. She said the 5th Ward residents have adopted a beautification project with the slogan, “My Yard, My Block, My Ward, and My Community.” City Manager Julia Carroll reminded residents that tomorrow evening, Tuesday, July 26, there would be a public meeting to discuss the City’s Strategic Planning Process at ETHS, Beardsley Cafeteria, 1600 Dodge Ave. Input and data will be collected from citizens and taken back to the City Council at future meetings when they work on the strategic plan. There being no further business to come before the Council at 9:46 p.m., Alderman Bernstein moved to adjourn. Seconded by Alderman Wynne. 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.