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HomeMy WebLinkAbout08_15_05_cc CITY COUNCIL August 15, 2005 ROLL CALL - PRESENT: Alderman Tisdahl Alderman Jean-Baptiste Alderman Rainey Alderman Bernstein Alderman Hansen Alderman Holmes A Quorum was present. Alderman Wollin Alderman Moran ABSENT: Alderman Wynne PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, August 15, 2005, at 9:35 p.m. in the Council Chamber. ANNOUNCEMENTS: City Manager Julia Carroll invited all to a ribbon-cutting ceremony for the sculpture “Penelope,” located at the southeast corner of Ridge/Emerson, Tuesday, August 16, at 10:00 a.m. Ms. Carroll announced that the Civic Center Committee meeting on Wednesday, August 17, 7:00 p.m., was cancelled. Public Works Director David Jennings announced that the refuse, recycling and yard waste collection schedule would be one day later due to the Labor Day weekend. Mr. Jennings reported that the CTA Main Street viaduct replacement project would begin Wednesday, August 17, which will require closing of Main Street between Chicago and Custer avenues until November 18. Construction is expected to be completed by the end of the year. The City, Main Street Merchants and the Chamber of Commerce will provide free metered parking within the Main Street Business District on Saturdays through the end of the year. All are encouraged to patronize Main Street businesses during the construction period. Finance Director Bill Stafford announced that City of Evanston water bills for July and August would have the late fee suspended. Bills will be sent out the first week of September and payment is not due until late October. Details about the late fee suspension will be included with the next water bills. Human Relations Commission Executive Director Paula Haynes and Police Chief Frank Kaminski invited all to the CommUNITY Picnic on Sunday, August 28, from noon to 5:00 p.m. in Ingraham Park. Free food will be provided by the Evanston Kiwanis. The Jesse White Tumblers will be back and there will be special recognition of Evanston residents serving in the armed forces. Mayor Morton reminded all of the Public Hearing on the Liquor Ordinance on Tuesday, August 16, 7:00 p.m. in Room 2200, Civic Center. City Clerk Mary Morris reported that the Bond Order for General Obligation Bonds 2005 was available for viewing in the City Clerk’s office. Public Hearing – West Evanston Tax Increment Financing (TIF) District No. 6 Mayor Morton opened the Public Hearing at 9:47 p.m. Joint Review Board Meeting report. Alderman Moran reported the Joint Review Board met June 30 at the Civic Center to consider the proposed West Evanston TIF District No. 6. Representatives from Cook County, Oakton Community College, School Districts 65 and 2 August 15, 2005 202, Evanston Township and himself were present. The report prepared by Bob Rychlicki from Kane McKenna indicated that the proposed TIF district was consistent with the criteria that would allow the City to proceed with establishment of a TIF district. Various factors were found by Kane McKenna to make the proposed district eligible for TIF treatment. The five criteria were: lagging equalized assessed valuations, inadequate utilities, deleterious layout, lack of community planning and structural deterioration and obsolescence. The study suggested that those factors were distributed throughout the proposed TIF district. Under the state TIF statute, the board was charged with taking one of three actions. The board could agree with the City’s finding that the area not only qualifies under the TIF statute but also needs redevelopment. It could also have disagreed with the suggestion that the area meets the qualifications for a TIF district, but that disagreement would have to be specific and in writing. The third option was that the board could take no action. If the decision was to do nothing, there must be a 30-day waiting period. The presumption under state statute is the board is in agreement with the City and the chairman would report such agreement to the City Council. A negative recommendation by the board requires that the City Council to have a majority vote of at least three-fifths members. The statute provides a 30-day period for the City to respond to objections. Mr. Rychlicki stated that care was taken to exclude residential properties from the proposed TIF district with the particular concern that if they were not excluded there could be concern about the possibility of dislocating residents. There was discussion about the school districts being reimbursed over time if the TIF district was established. Betty Ester raised questions about a substantially expanded district that would include residential properties to the north of the district with further discussion among residents about the reason the residential areas to the north were excluded. Alderman Holmes provided additional comment which underscored not including the residential properties. He made a motion at that meeting to recommend that the Dodge Avenue/Church Street Tax Increment Redevelopment Project Area satisfies the eligibility criteria defined in the TIF Act and qualifies as a conservation area for the reasons mentioned in the report. The board voted unanimously in favor. That motion suggested that City Council approve the proposed Dodge Avenue/Church Street Redevelopment Plan and Project to support the creation of a TIF district. As chairman of the Joint Review Board, Alderman Moran conveyed their findings. City Clerk Mary P. Morris reported that she had not received any written comments on the proposed TIF. TIF Plan Overview and Summary Assistant Director for Planning Dennis Marino reviewed the proposed boundaries; said the City has had a long time priority for revitalizing the Church/Dodge Business District, which is the center of the TIF. Expanding out to the north, along the old Mayfair railroad right-of-way, there are a number of vacant and underutilized properties that stretch up to Emerson St. Going south of Church St., on the Mayfair right-of-way down to Lake St., single-family homes on Dodge Ave. are not included. Going south of Lake St., included a number of commercial and industrial businesses that they want to retain and enhance through the TIF process. In addition there are a number of vacant properties along Greenwood that are within the TIF and some strong businesses. South of Dempster St., industrial property is included down to Greenleaf. There are some vacant and underutilized properties and some vacant land to the west of Hartrey. The TIF stretches west along Dempster St. to the City limits and picks up four parcels far west on Dempster. The TIF winds east along Greenleaf back to Dodge to include a number of properties on the north side of Greenleaf. The proposed TIF does not include the Dempster/Dodge Shopping Center, which the City assisted some years ago with an ongoing sales tax- sharing agreement. TIF Eligibility Criteria Bob Rychlicki, Kane McKenna & Associates, stated that Alderman Moran had given an overview of the qualification factors. His firm reviewed the area extensively and staff provided information. They recommended the TIF, based upon conservation findings that 81% of the buildings were more than 35 years old using a site survey and county data. Once that finding was made, three other factors were required. Alderman Moran had described five that were found. The plan has certain parameters described by Mr. Marino. Legal boundaries will have to be set up, which the map identified. There is a budget in the plan as well as general land use given the fact that this will be in place for up to 23 years. The plan is more of a policy guideline than specific as to which buildings would be renovated. Public Comment: Junad Rizki, 2784 Sheridan Rd., said this TIF differs somewhat from previous TIFs because it runs directly through residential areas. TIFs are economic development tools versus tools that create sound planning. The City has asked developers to present proposals instead of giving direction to developers. Developers may like these TIFs because it gives them free reign to come in and change zoning and other things. This area probably has a less politically active 3 August 15, 2005 population that may not take action against the City as it goes into development. The City has faced a lot of resistance to overdevelopment in other areas. A bad outcome of this TIF would be if developers propose high-density buildings covering most of the land, which means they will push five-six story buildings or dense townhouse developments that cover the lots. He was not opposed to the City developing this TIF, but wanted to see a plan for the neighborhood that would be a real addition. He proposed that the City create an urban design plan for that area that shows what will happen. The economic interests won’t tell what is going to happen. This is a plan, while urban design shows (with pictures) what the area will look like. What will happen is not necessarily to the benefit of neighbors. He noted this is a neighborhood of small single-family homes and somebody could build a large building right next to them. He said the City has been lucky with the downtown TIFs, which have been successful. The area west of the TIF is low rise residential and small lots. Some homes may be in disrepair but not the majority. It seemed to him that the City should stop this disrepair. The City receives more than $3 million in CDBG funds. How will those funds be tied into this? He suggested that the City encourage new residents to move into the area and buy homes, not developers and absentee landlords. If this TIF is to help the area, Council must think in more global terms. He asked why funds generated by this TIF could not be used to create a branch library or build a water park. He suggested the City create a park similar to Indian Boundary Park in Chicago, which has a fountain to help kids cool off. He noticed Mason Park was included in the TIF, and, like other parks here is overdeveloped with few amenities for the public. He thought the 5th Ward residents deserve more than the overdevelopment that could come and Council has the responsibility to not let this area be destroyed. He urged the City take an urban design approach to development rather than a piecemeal one that results in poor planning. Ron Kysiak, 2921 Sheridan Rd., 21-year resident, represented Evanston Inventure, a private non-profit development organization whose function is to plan and create programs to preserve the long-term economic health of this community. The Inventure board is made up of major institutions, employers, landowners, hospitals, both school districts, City of Evanston, Presbyterian Homes, United Methodist Pension Fund, John Buck Co. and anybody who has a long-term interest in the community. Three years ago they thought the Evanston economy was getting better because there was a lot of development downtown and on Chicago Ave. Somebody pointed out that the west side at Church/Dodge, in spite of development elsewhere, had nothing of substance happen there. The feeling was they would not have an overall healthy economy unless all of the community was healthy. His board asked him to work with the west side community because of his experience in urban economic development. He met with Alderman Delores Holmes, area residents, business people and landowners and they began to plan how to revitalize the west side. It is not easy to develop a plan that will work because the west side has had little investment for a long time. There had been initiatives started by the City and many of the federal CDBG funds go there. About 15 years ago a development corporation was there that did housing rehab and had a loan fund but the ultimate result was not as rewarding as had people hoped. People who live there were unhappy with the fact that their neighborhood was slowly deteriorating; wanted to see training and jobs for young men and women, more business people, especially African Americans. Inventure provided funds for planning and to get a sense of what the vision might look like; provided access to banks and others who might help develop the neighborhood. They formed the Evanston Community Development Corporation so they had a legal entity to begin to create a plan, give visibility and be recognized as a force in the community that wanted the City to help. The TIF is the end of the group’s three-year planning process, which focuses primarily on affordable housing, new business development, jobs and job training for west side residents. A TIF is a tool, a means to an end for residents and is neither good nor bad. They saw the TIF as a way to fund the things they want to see done. This TIF would do three things. A major portion of Evanston’s west side stands ready to be designated as a formal, legal City of Evanston project. The west side will take its place along side downtown, Dempster, Main, Central and Howard St. in the City’s budget deliberations and future planning. Secondly, for the next 23 years it will target a guaranteed stream of income into the TIF district for improvements, business development and training. These funds will enable this community to fix many of the things that have concerned them for years. None of the funds would be involved in residential development. This is a business development project. If some affordable housing comes out of it, that would be great. The third thing this TIF will do is focus the entire west side community to work together to maintain a grassroots agenda for the City to follow. But the lead must come from the community. Continuing input from the community is necessary to make sure the TIF funds are invested wisely in the overall revitalization of the west side and that funds go into the right projects. If the community wants new streets, lights or affordable housing, that is where the money should go. Inventure believes that ECDC is a great start in putting together a plan and now others need to join in who have ideas that are similar and not so similar. There needs to be cohesion and a coalition of the west side all together developing the right path for reinvestment to create a better neighborhood for those living there now and in the future. The TIF is a tool and like any other tool can be misused. They don’t see that tool being misused here because it was forged for the community and by the community. The major 4 August 15, 2005 institutions of this community strongly support the creation of this vehicle to empower the community to do the things they have wanted to do for so long. Judith Treadway, 226 Callan Ave., participated in the 5th Ward planning process; brought up information and issues discussed in a recent meeting for aldermen and citizens who were not there. Since residential development was not included, she suggested looking at complementary programs that would focus on residential areas around the TIF. She said planning should be comprehensive and an entire geographic area should be shown how it will look in the end. They have not talked about how the neighborhoods will look in terms of building new or rehabilitating housing whether single family or multi family. The TIF is an engine to stimulate things that should be there. She suggested a housing center would be an excellent way to get the community involved in being pro-active to retain property, find ways to get rehab loans and other resources such as the City’s First-Time Homebuyers, rehab and repair programs from a local social service agency. She said they don’t want the TIF to be a piecemeal process and the document says the effects of piecemeal development will be eliminated. Currently, it looks piecemeal because no entities are identified in the TIF. She said the community around the TIF should be supported because that is what invigorates a community. They need to attract families to the 5th Ward with housing for families and not all for single people. When they attract families, they need to consider having a school in the 5th Ward, the most stabilizing entity in a community. Regarding funds for job training in the TIF over a 23-year period, only $500,000 has been identified which does not appear to be much. School districts will get all their money, $4 million over 23 years. She would rather see $4 million go into job training than to the school districts and a plan for job training. She noted many people involved in the TIF are professionals but citizens know little about TIFs. A resident asked for a breakdown of the pros and cons of a TIF. Most residents are concerned about how their property taxes will be affected. People feel their taxes will go up significantly with the new assessed value of the development. People need plain language so they can buy into the TIF. Many citizens have volunteered to go through the neighborhoods with this document so they can better understand opportunities to enhance them. Carlis B. Sutton, 1821 Darrow Ave., represented the Community Alliance and Foster Park Neighbors, voiced several concerns that were not addressed adequately in the planning. A TIF may be benefit other areas of the City where small businesses have grown and developed. However, with no identified anchor business or store, it was difficult to see how this would benefit their area, especially the Mayfair triangle. They are concerned about the number of vacancies on Main St. and at Dempster/Dodge. These developments have not been successful and still have vacancies. He asked what will be done to address underutilized land that has already been developed. What kinds of commercial activities will be considered? What kind of environmental impact study has been done to the soil and underground tanks on Dodge/Church and Darrow/Church? He asked what kind of programs for set-asides will they seek to employ and provide job training for youth? What are the plans for low-income housing that will be available to current residents and not bring in people from outside the community. The average home in this area is 75 years old and requires a lot of maintenance. Few people have been able to secure loans to improve their properties and more people are losing properties. Past history with District 65 and the City is that neither organization has been receptive or cooperative to their main issues--employment and education. He has no information that this proposal addresses either. His concern is that the Mayfair development will not address his neighbors concerns and does not address environmental impacts on developments that would be located under the power lines. He stated they need substantial and consistent dialogue and an increased understanding by elderly residents that even though single-family homes are not included in this TIF, this development won’t substantially raise taxes. There is an unwritten paranoia in Evanston that urban renewal means “negro removal.” They are also concerned about programs that youth participate in; know that the 5th Ward has the most land available for development and would like to see it developed and maintained. More importantly, they would like to remain here and maintain diversity. He is concerned about the kinds of development that will occur and that Evanston remains a suburban community and not become a concrete campus used to displace current residents. Byrdie Tucker, 1821 Leland Ave., raised questions from the community that hadn’t been answered. One question is will the City exercise eminent domain for properties within the TIF? She represents and is a member of a church in the middle of the TIF and asked whether the church would be affected? What are the benefits if they choose to remain in the TIF? What are plans for non-profit organizations? She said about 100-200 people are involved in two churches within the TIF. There are concerns about what state agency will oversee the plan and who the contact person will be to get answers to questions if they cannot get answers from the City. She requested copies of the state guidelines concerning TIF districts. Will Evanston sell bonds for this project? She has attended several meetings and has been unable to get answers. Over time, she hoped for free discussion so citizens could raise questions because the TIF could impact their lives. 5 August 15, 2005 Dino Robinson, 2121 Church St., 25-year resident, vice president of the Evanston Community Development Corporation. It started with residents and businesses that had concerns about the area. ECDC, along with other stakeholders including ECDA, Ole, area businesses and many neighborhoods, favor the West Evanston TIF as presented that evening. They believe this opportunity would support new development, adaptive re-use of property, general neighborhood improvements, new affordable housing, businesses and small business development and job opportunities. They know this is an evolving process. He would like to see this move on behalf of ECDC; welcomed questions and changes that come due to progress and invited all to ECDC meetings on the fourth Tuesday of the month at 4:00 p.m. Priscilla Giles, 1829 Ashland Ave., lives near the area about to be re-developed; stated that the TIF is a tragedy in the 5th Ward and for the surrounding area because it does not address needs. The first meeting asked people what they wanted and was handled in such a way that they did not realize what was coming. Property taxes are already too high for many residents who cannot afford to maintain their property. The TIF plan does not propose to help these residents; offers no help to residents who are losing their homes and businesses. This development would result in buildings and residences that people who live there cannot afford or current residents would be forced out by high taxes. People who live in the 5th Ward should make the decision to determine what they would like to see in their community. They need job training and help to maintain the homes already there and need speakers who live there, not developers who will make profits and leave behind a struggling community with no place to live or work. Betty Ester, 2114 Darrow Ave., said this TIF does not have an identified business; recalled former Alderman Newman said that any area could be designated a TIF, but for it to be successful, it must have business that will increase the increment of that district. No business has been identified that will increase the tax increment significantly and no clear plan as to how the old business taxes will be increased above the normal assessment that has been put forth. No plans have been identified to bring in new businesses that will create jobs -- not retail jobs that pay $7 an hour or less. If they create affordable housing, $7-an-hour jobs won’t pay for that. The TIF will increase the property values of properties and taxes near the TIF due to revitalization of that area. The TIF won’t give any assistance in rehab funds so people’s homes will look better. The City’s rehab funds have been underutilized because owners have to meet an income guideline and many exceed that guideline. She suggested this TIF not go forward until those three issues have been addressed and until there is a Community Review Board, suggested by Bennett Johnson at the July 28 meeting, that oversees the TIF. Susan Bradshaw, 1553 Darrow Ave., 25-year resident, lives in the middle of the proposed TIF and two weeks ago saw a red fox; recently people have seen deer and an endangered hawk. She said it is a lovely area and most people know it as the place where the high school kids smoke dope. She represents a group of Darrow/Grove neighbors who have a petition with about 40 homeowner signatures. Their concern is the inclusion of parkland in the TIF; the greatly increased density throughout Evanston and the loss of this land in the middle of this TIF district. She read the petition: “We, the residents and homeowners of the Grove/Darrow community in the 2nd Ward petition the City to acquire or lease and maintain the former (Chicago &) Northwestern Railroad right-of-way known as the Manchester property (Mayfair spur) to the east of Evanston Township High School for community use as wilderness, open prairie and green space and to maintain the landfill hill (park property) that has been put into this TIF district, which they have donated and mature tree line in the southwest and west portion of Mason Park included in the proposed TIF district as City park land for future generations. Whereas the Manchester property is encumbered by permanent infrastructure, including high tension overhead electrical power lines and underground deep tunnel flood control tunnels and vaults of the Metropolitan Sanitary District (of Greater Chicago) that make it unfit or illegal for most commercial development. Whereas the Manchester property has at times posed a public hazard because of fires, fly dumping and lack of maintenance. Whereas the Parks Division is spending $739,000 to renovate Mason Park and the TIF district would include a portion of this park. Whereas the Evanston Ecology Center is in a working partnership with the Chicago Wilderness Society currently and what the Society does, in part, is protect undeveloped natural lands for wildlife landscaped with native plants, trees, shrubs and flowers. Whereas development, pollution and improper land use threaten bio-diversity and the health of one of Evanston’s last remaining natural areas. We the residents of the Mason Park community propose the Manchester property and the Mason Park hill land be maintained as a natural area for the education and enjoyment of the residents of the City of Evanston whether it is included in the TIF district or not.” She said it is no coincidence, that in the middle of the TIF they have the railroad right-of-way with overhead high tension wires that have been a problem. A potential problem would be the cost of getting that property. CDBG funds could be dedicated for this purpose and the Parks Division and the Ecology Center could work with conservation organizations to 6 August 15, 2005 get grants to purchase and develop this land. Many citizen volunteers would be willing to work on this and on a plan developed by the Wilderness Society, if they could get the land. Everybody is talking about what the developers will do. She shared concerns about the lack of planning and community input. She did not believe it unreasonable to have developers, who come to use this property for their purposes and increase the area’s density and traffic (especially if they come in with high rises or even low rises that increase the population), be mandated to contribute toward a fund to acquire and develop of this land as green space. There is a real opportunity here to change what has been a public nuisance that has a spawned a large part of this TIF district for residents and the entire City. Mayor Morton declared the Public Hearing closed at 10:37 p.m. CITIZEN COMMENT: Rachel Heuman, 421 Kedzie St., read a statement based on talks with neighbors and friends here. “The City of Evanston needs to reconsider its practice of requiring beach tokens to use a public resource such as Lake Michigan. Ideally the beaches should be free to any who wish to use them. However, if funds for lifeguards and cleaning cannot fully be met by alternative means, a compromise measure that does not discriminate against our low- and moderate-income neighbors, should be instituted. Such a measure was suggested by Betsy Clark and Mimi Roeder in their August 10th Letter to the Editor of the Evanston Roundtable, which in part echoed her own letter that week to the Evanston Review. The writer suggested those children who qualify for free or reduced fee lunches should be issued beach tokens as well as lunch for both themselves and their parents. They correctly reasoned the City would lose no revenue since these children and their parents don’t purchase tokens due to the prohibitive cost. That means that as many as one third of the children of tax paying neighbors currently are excluded from using one of our community’s most precious resources, our beaches. This is the third that often cannot afford alternative forms of summer recreation such as camps and park district programs. Since the predominance of people in this category are people of color, the tokens in effect, create an environment of discrimination. Yet Evanston is a community that embraces the very racial and ethnic diversity that enriches us. We need to put our money where our mouths are and make the beaches accessible to all our Evanston neighbors.” Priscilla Giles, 1829 Ashland Ave., third generation of her family to live here. Her mother told her when she was a child she went to a beach designated free, where the boats are (Church St. boat ramp). Now there is integration and a tax that keeps low-income people from going anywhere. Beaches should be free. Since there are more residents now, she did not understand why they could not hire lifeguards from June to September. Keith Banks, 2125 Washington St., spoke about affordable housing and the recommendation for HOME funds for 736- 738 Dobson. He represented the Evanston Community Development Association, a faith-based, non-profit organization committed to maintaining and preserving affordable housing here. They wish to continue their journey to maintain diversity. To do that they believe affordable housing is the foundation that has to be built on. The first project was successful due to the City providing HOME funds. They were able to help two families; purchased a foreclosed property and helped save a family from foreclosure and gave them get a fresh start. They also helped a family with three children living in a cramped two-bedroom apartment to buy a three-bedroom fully renovated town home for below market value, again due to HOME funds. Now they plan to convert a six-unit building with two bedroom apartments into affordable three bedroom units by reconfiguring it to provide housing to low- and moderate-income families. They think it is a significant project because the faith-based community, the community at large and the City are working together. Their motto is “working together the other works” because of the efforts of people on their board who contribute their time, talents and resources. Their board has pastors, architects, accountants, Realtors and citizens. The Evanston Community Foundation gave a $10,000 grant to help their organization. Katten, Muchin and Zabin have donated legal services as well as the architecture firm Mock & Baker. They believe to make properties affordable they have to involve the market makers. They have the assistance of the First Bank & Trust, which is committed to community development and is behind this project. The Evanston Mennonite Church has made a huge commitment to convert this to affordable housing. Betty Ester, 2114 Darrow Ave., spoke about the Redevelopment Agreement with Autobarn; said not everybody can make the meetings and it would be interesting to have numbers on this. She recalled in March the City Manager proposed a study on the sewer fees and whether to impose the 5% projected rate increase. That increase is being eliminated and she commended Ms. Carroll. She asked if the City Manager would share when this fee will end with the community. 7 August 15, 2005 CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: bid from Riddiford Roofing for repairs to Police and Service Center roofs; Ordinance 87-O-05 - Liquor Control Regulations; Ordinance 98-O-05 - Hours for Playgrounds & Tot Lots; Planned Development - 1567 Maple Ave.; and Resolution 48-R-05 - Redevelopment Agreement with Autobarn Motors, Ltd. Seconded by Alderman Rainey. Roll call. Voting aye – Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Bernstein, Holmes, Moran. Voting nay – none. Motion carried (8-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of July 25, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) ADMINISTRATION & PUBLIC WORKS: *Approval, as recommended, of the City of Evanston payrolls for the periods through July 28, 2005 and August 11, 2005 and City of Evanston bills for the period ending August 16, 2005, authorized and charged to the proper accounts: City of Evanston payroll (through 7/15/05 through 07/28/05) $2,282.487.25 City of Evanston payroll (through 08/11/05) $2,296,435.34 City of Evanston bills (through 08/16/05) $6,586,177.66 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the professional services contract with FedEx Kinko’s of Evanston to provide copying services to the City for three years for an estimated annual cost not to exceed $50,000. Funded by the FY 2005-06 copying budget. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the professional services contract with TransSystems Corporation in the amount of $50,750, for topographic surveying services for the 2006 Street Resurfacing Project. Funded by Street Resurfacing CIP funds. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the lowest responsive and responsible bid from Central Lakes Construction Company in the amount of $795,878 for HVAC Systems for the Municipal Service Center. Funded by CIP funds. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the lowest responsive and responsible bid from TC Fire Apparatus in the amount of $447,485 for a new fire rescue truck. Funded by the Fleet Services Fund and Federal Assistance to Firefighters Grant. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of recommendation to suspend penalties for summer water usage. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the jurisdictional transfer of the state-owned portion of Ridge Ave. between Clark and Howard streets concurrent with a commitment by the Illinois Department of Transportation (IDOT) to transfer funds for roadway rehabilitation. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the changes to the Evanston Arts Council 2006 Cultural Fund Grant Program Guidelines and Application. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of 2006 Street Improvement Program considering a proposed list of streets to be reconstructed in 2006. Funded by Motor Fuel Tax and CIP funds. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) 8 August 15, 2005 * Approval of Change Order #1 to the contract with Bolder Contractors, Inc. for the 2005 Water Main Improvements, Contract B, at a cost of $19,750, increasing the contract from $1,190,749.05 to $1,210,499.05. Funded by the Water Depreciation, Improvement and Extension Fund. * APPROVED-CONSENT AGENDA MOTION & ROLL CALL (8-0) * Approval of Change Order #3 to the contract with Sherman Plaza Ventures for the Sherman Plaza Parking Garage at a cost of $366,269, increasing the contract amount from $39,760,775 to $40,127,044. Funded by the Washington National TIF. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the amendment to the contract for owner representative services with Richard Devine increasing the monthly rate from $8,330 to $8,500. Funded by the Washington National TIF. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * * * * * Resolution 46-R-05 - Lease Extension for Patricia O’Neill-Cynkar, dba Patio, Inc., 2022 Central St. - Consideration of proposed Resolution 46-R-05, which authorizes the City Manager to sign a five- year lease extension with Patricia O’Neill-Cynkar, dba Patio, Inc., 2022 Central St. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Ordinance 100-O-05 - Five Percent Cost Preference for Evanston Business Owners - Consideration of proposed Ordinance 100-O-05, which expands the five percent (5%) cost preference for Evanston- based businesses. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 94-O-05 - Sewer Rate Increase Eliminated - Consideration of proposed Ordinance 94-O- 05, which would amend the City Code to eliminate a proposed five percent (5%) sewer rate increase. * MARKED INTRODUCED – CONSENT AGENDA (This ordinance was amended by removing Section 5 in the August 2005 draft.) Alderman Rainey moved to Suspend the Rules to adopt an ordinance at the same meeting at which it was introduced. Seconded by Alderman Moran. Motion carried unanimously. Alderman Rainey moved to approve Ordinance 94-O-05. Seconded by Alderman Tisdahl. Roll call. Voting aye – Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Bernstein, Holmes, Moran. Voting nay – none. Motion carried (8-0). * Ordinance 95-O-05 - Three-Way Stop at Brown Ave. and Colfax St. - Consideration of proposed Ordinance 95-O-05, which amends Section 10-11-5, Schedule V(C) of the City Code, to establish a three-way stop at Brown Ave. and Colfax St. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 96-O-05 - Dedication of Right-of-Way, 1228 Emerson St. - Consideration of proposed Ordinance 96-O-05, which dedicates a portion of 1228 Emerson St. to the City of Evanston. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 97-O-05 - Vacation of Portion of Green Bay Rd. - Consideration of proposed Ordinance 97-O-05, which would vacate a portion of Green Bay Rd. south of Emerson St. * MARKED INTRODUCED – CONSENT AGENDA (The ordinance was amended in Section 1, subparagraph 2, with suggested sale amount of $25,000 as opposed to $20,000.) Alderman Rainey moved to Suspend the Rules to adopt an ordinance at the same meeting at which it was introduced. Seconded by Alderman Moran. Motion carried unanimously. 9 August 15, 2005 Alderman Rainey moved to approve Ordinance 97-O-05. Seconded by Alderman Tisdahl. Roll call. Voting aye – Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Bernstein, Holmes, Moran. Voting nay – none. Motion carried (8-0). PLANNING & DEVELOPMENT: * Housing Commission Recommendation for HOME Funds for ECDA’s 736-738 Dobson St. Project - Consideration of the Housing Commission recommendation for funding of $360,000 in HOME funds for the Evanston Community Development Association’s (ECDA) acquisition of six units at 736-738 Dobson St. for an affordable condominium conversion project. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Ordinance 71-O-05 - Plan Commission Recommendations: Special Multi-Family District, R4a (Text Amendment) - Consideration of Ordinance 71-O-05, which, based on the finding and report of the Plan Commission, would amend the Zoning Ordinance text to create a R4a General Residential District. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 101-O-05 - Plan Commission Recommendations: Special Multi-Family District, R4a (Map Amendment) - Consideration of Ordinance 101-O-05, which based on the finding and report of the Plan Commission, would amend the Zoning Ordinance text to create a R4a General Residential District. * MARKED INTRODUCED – CONSENT AGENDA * Request for $50,000 from the Mayor’s Special Housing Fund - Consideration of a recommendation from the Housing Commission for use of the Mayor’s Special Housing Fund where financing will be used to renovate and repair 1709 Dodge Ave. to be sold as an affordable single-family home to an income-eligible household. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) HUMAN SERVICES: * Approval of July Township Monthly Bills - Consideration of a recommendation to approve the Township bills, payroll and medical payments in the amount of $102,536.47 for the month of July 2005. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Resolution 44-R-05 - North Shore Lake Michigan Cities Initiative - Consideration of Resolution 44- R-05, which authorizes the Mayor to support the establishment of the North Shore Lake Michigan Cities Initiative. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) OTHER COMMITTEES: * Resolution 47-R-05 - Transfer of Ownership for Church Street Plaza - Consideration of Resolution 47-R-05, which authorizes the City Manager to consent to the assignment of interest of Church Street Plaza, LLC to Church Street Plaza SPE, LLC. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) APPOINTMENTS: Mayor Morton asked the following appointments be introduced: Madeline Goldstein Human Relations Commission 817 Mulford St. Michael S. Decker Taxicab Advisory Board 8541 Lotus St., Skokie * APPROVED - CONSENT AGENDA 10 August 15, 2005 Mayor Morton asked the following appointments be confirmed: Steven F. Frost Arts Council 137 Clyde Ave. For term ending August 30, 2008 Penny Rotheiser Arts Council 1717 Dobson St. For term ending August 30, 2008 Robert Costello Police Pension Board 2135 Sherman Ave. Appointed August 15, 2005 Mayor Morton asked the following re-appointments be confirmed: Paul Morse Energy Commission 2421 Noyes St. For term ending August 30, 2009 Marybeth Schroeder Library Board 2734 Asbury Ave. For term ending August 30, 2008 Stanley Gerson Preservation Commission 200 Lee St. For term ending August 30, 2008 * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Alderman Rainey moved approval of the lowest responsive and responsible bid from Riddiford Roofing Company in the amount of $771,899 for roof repairs at the Police Station and Municipal Service Center, funded by CIP funds. Seconded by Alderman Jean-Baptiste. She explained that the other two projects at Chandler Center and Fleetwood Jourdain Center were bid and were being studied by staff. Roll call. Voting aye – Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Bernstein, Holmes, Moran. Voting nay – none. Motion carried (8-0). Ordinance 87-O-05 - Liquor Control Regulations Regarding Persons Under Age 21 - Consideration of proposed Ordinance 87-O-05, which amends Section 3-5-11 (E & F) of the Evanston City Code that regulates the presence of persons under the age of 21 at certain liquor establishments. Alderman Rainey reported that this item was held in committee. Ordinance 98-O-05 - Regulating Hours for Playgrounds & Tot Lots - Consideration of proposed Ordinances 98-O-05, which amends Section 7-10-2 regulating hours for playgrounds and tot lots. Alderman Rainey asked that Ordinance 98-O-05 be marked introduced. 11 August 15, 2005 Alderman Rainey said this has to do with defining Playgrounds and Tot Lots and the hours they are open. She recommended this amendment out of deference to people who live near parks; noted this summer has been extremely stressful for people in south Evanston who live near parks, especially west of Dodge, south of James Park and the Brummel Park and Clyde Brummel neighborhoods. There is a lot of chaos late at night. They want to move kids out of the parks and encourage them to go home. The noise, vandalism and general chaos around the parks has caused many people to reconsider where they live. She conferred with Chief Kaminski and this appears to be the beginning of a solution. After 9:00 p.m. is too late for children to be in a park. Alderman Rainey reported Council had received the first phase of the water/sewer rate study that evening. She urged this information be placed on the City’s website and in the next Highlights and hoped for a staff presentation of the study. PLANNING & DEVELOPMENT: Planned Development - 1567 Maple Ave. - Consideration of the Plan Commission’s recommendation to deny a planned development at 1567 Maple Ave., which would consist of 126 condominium units and first floor commercial space for Winthrop Properties. Alderman Bernstein reported that this item was held in committee at the request of the applicant. OTHER COMMITTEES: Resolution 48-R-05 - Redevelopment Agreement with Autobarn Motors Ltd. - Consideration of Resolution 48-R-05, which authorizes the City Manager to sign a redevelopment agreement with Autobarn Motors, Ltd. for sales tax sharing. Alderman Moran moved approval of Resolution 48-R-05. Seconded by Alderman Jean-Baptiste. When Alderman Rainey looked at the sales tax payback pro forma sharing, all she saw was that for the next six years the City loses money; has no problem with the land use and wants car dealers here. It appeared that in the short run this would cost the City more than they would get back. In the seventh year the City will receive the base and all of the taxes. Finance Director Bill Stafford explained the pro forma shows the City will forego sharing $1.5 million in sales tax and the payback for the City is between six-seven years. They will get those dollars back and have a higher base. Alderman Rainey was correct. One issue is sharing the sales tax to maintain this business. If this business does not stay in Evanston over that same time period the City loses $4 million, which is the opportunity cost. The tradeoff is this will take six-seven years to do the payback and end up with more property tax and sales tax. The same thing was done with Home Depot projected for six years--the City got the money back in five years. This is retention of a business and a tradeoff. Alderman Tisdahl asked the difference in taxes Autobarn would pay to Evanston versus Skokie? City Manager Carroll explained that Autobarn was going to move to Skokie and had an approval for a Six B reduction on their property tax. Mr. Stafford explained the Six B reduction is a Cook County reduction that County Assessor Houlihan brought in similar to the one done on Chandler’s that reduced the commercial assessment from 36% to 16% for eight years then goes back up. So assessments are reduced by half similar to residential assessments. The City Manager recommended this because not only did they risk losing $4 million in revenue, but this car dealer also is among the top ten sales tax generators in the City. They are hard to come by unless another dealer or other tax generating business can be brought in. She supported this because a car dealer generates a high sales tax on a per square foot basis compared to other retailers. Alderman Moran voted for this proposal at the Economic Development Committee but was not sure that having car dealers in this area favors Evanston’s long-term interest. He recalled when there were many car dealers in Evanston that have fled; appreciated Autobarn’s desire to continue expanding their business. He noted much time was spent creating a Chicago Avenue Plan; did not recall placing a high value on surface lots along Chicago Ave. He suggested that the City must begin to regard Evanston sufficiently attractive for businesses to want to stay or come here; to reconsider their history of making sizeable economic concessions over the past 10-12 years to businesses that threaten to leave if the City does not kick in. He thought the economic development programs are at a place where the City needs to regard them as 12 August 15, 2005 self-sustaining with some exceptions. In some instances, where there are considerations of density and infrastructure, they should look to people who want to be here to help the City out rather than coming with a hand out; suggested the City’s planning approach needs to be improved. There are two issues. One is money, which was explained and obviously is a loss to the City’s revenue, but more important is that the City has no alternative. He would like to see, from a planning standpoint, a vision Chicago Avenue would strive for as the area is redeveloped that would be shared broadly by the community. The City cannot disregard economic realities and has no plan “B.” He hoped as they go forward with the strategic planning to develop strategies to allow the City not to just allow what is offered or give what somebody asks for, but that the City has significant alternatives that will allow them to have more control over its destiny. Alderman Bernstein agreed it would be good to have people clamoring to come here. Every redevelopment plan he has seen for Chicago Avenue includes retailing on the first floor with residential condominiums above. Auto dealers are the best retail per square inch one can find and they have a dealer willing to stay here. He, too, would like them to stay without compensation, but did not think they would stay otherwise. Autobarn has the wherewithal to locate elsewhere. He would like a plan but the market will decide. This business generates a lot of revenue for the City and it cannot afford to lose them and agreed they are starting long-term planning to increase revenue. Alderman Rainey heard that they could not afford not to do this, yet she did not see how they could afford to do this. For the next seven years they will lose money they currently receive – over $3 million. The City will not make any money off this retention until 2013. If this were a new auto dealer to add to the tax base, she would figure out a way to entice it for the long run. But in this case, they lose money every year. The only way they can say they are losing the $4 million is if this dealer leaves. Those here in 2013 will see the fruits of this spending. She understood those willing to wait, but in this case the payback is too long. Alderman Bernstein said if the dealer leaves Evanston and there is vacant space, it would be two or three years before a developer comes with an acceptable program, which will be a high-rise condominium. If the land is vacant lawyers get the assessed valuation lowered. He did not want to see a vacancy on Chicago Ave. The alternative is a void for a period of time which was worth the tradeoff. Mr. Stafford confirmed the dealer gets his funds by 2010 and the City recoups the $1.5 million paid annually by 2013. Alderman Jean-Baptiste supported the proposal for many of the reasons Alderman Bernstein gave; staff did an excellent job of going after Autobarn to convince them to change their mind because they were gone. It did not make sense to lose this business and the sales tax it generated. The tradeoff was necessary to make this worthwhile for the dealer and the City. He urged Council support. Alderman Rainey said she would vote against it because she did not understand it. She stated that Chicago Avenue is one of the most desirable streets in Evanston for development. If there was a parcel on the market there for more than a month she would eat her hat. Roll call. Voting aye – Tisdahl, Hansen, Wollin, Jean-Baptiste, Bernstein, Holmes, Moran. Voting nay – Rainey. Motion carried (7-1). CALL OF THE WARDS: 8th Ward. Alderman Rainey noted the next strategic planning session will be held at the Hotel Orrington; has voiced her objections about this location to the City Manager. Their efforts on the strategic plan should be as inclusive as they can be and up to now have been. They have reached out to people and opened the doors for them to come. A Council meeting should not be held in the privacy of this hotel. It is not in the middle of town if a person lives where she does. Strategic planning sessions, where the Mayor and aldermen do City business, should be held in a City-owned building. She suggested the Levy Center for such a meeting. On behalf of her constituents she objected to the City holding a meeting in a private space. Parking is difficult and people will have to move their cars due to the meters. This has nothing to do with price, as the space will be donated. She was sure something could be arranged to get the Levy Center. 13 August 15, 2005 Alderman Rainey said this community would take a long time to recover from the loss of Dick Stillerman. His presence always brought comfort to her and she will miss him. 4th Ward. Alderman Bernstein echoed Alderman Rainey’s sentiments about Dick Stillerman. When the initial Research Park was developed, Stillerman predicted what would happen. He was this community’s conscience in a large part. He worked with him as a lawyer. He was meticulous, informed and knowledgeable, a lawyer’s lawyer. It’s sad that Hollis Settles, Harry Shubart and Dick Stillerman were gone because they kept Council’s feet to the fire. He will miss them. Alderman Bernstein sent condolences to Congresswoman Jan Schakowsky on the loss of her daughter-in-law Fiona. 5th Ward. Alderman Holmes reported she attended the Friday evening Summer Youth Employment Program; congratulated Human Relations Executive Director Paula Haynes and staff for getting more than 500 light posts painted, more than 60,000 tons of trash removed and a video on security deposits done by the summer youth. She reported the North Suburban Housing Partners held a luncheon and tour of Evanston with two guests from Orrin Sub Prime Mortgage Services in West Palm Beach, Fla. It was important to have them here because some homes foreclosed on here were their clients. They visited two homes where that happened. It was an opportunity for them to learn about the community, to outline best practices and, hopefully, have them invest and preserve homeownership in Evanston. She announced a 5th Ward meeting at Fleetwood-Jourdain Center on Thursday at 7:00 p.m. At 11:55 p.m., Alderman Bernstein moved that the City Council convene into Executive Session to discuss matters of real estate, litigation, settlement of claims and closed session minutes pursuant to 5 ICS 120/2 (c) (5), (6), (11) (12) and (21). Seconded by Alderman Jean-Baptiste. (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. (6) The setting of a price for sale or lease of property owned by the public body. (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. (12) The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to an insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member. (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Roll call. Voting aye – Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Bernstein, Holmes, Moran. Voting nay – none. Motion carried (8-0). There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 12:35 a.m. Mary P. Morris, City Clerk A videotape recording of this meeting has been made part of the permanent record and is available in the City Clerk’s office.