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HomeMy WebLinkAbout12_12_05_ccCITY COUNCIL December 12, 2005 ROLL CALL - PRESENT: Alderman Holmes Alderman Hansen Alderman Moran Alderman Wollin Alderman Tisdahl Alderman Wynne Alderman Rainey Alderman Bernstein A Quorum was present. NOT PRESENT AT ROLL CALL: Alderman Jean-Baptiste PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton on Monday, December 12, 2005, at 9:34 p.m. in the Council Chamber. Citizen Awards Fire Chief Alan Berkowsky presented citizen awards to Marie Worthy, Physical Education teacher and Lisa Walter, school nurse at ETHS, who used an Automatic Emergency Defibrillator (AED) to revive a student that collapsed after getting out of the swimming pool. Due to their use of a defibrillator, by the time the Fire Department arrived, the student was breathing and had a pulse. He noted that the City purchased 30 AEDs and trained 100 employees in their use and that ETHS also had purchased AEDs. Dr. French of St. Francis Hospital explained that the hospital is the EMT resource for this area which requires supervising paramedics, continuing education and oversight of the AED program. This is a significant event because they work with first responders such as police, fire and rescue and paramedics. In this case, two individuals from the community were first responders. He congratulated them for saving a young person’s life. ANNOUNCEMENTS: Parks/Forestry & Recreation Director Douglas Gaynor invited all to the Menorah Lighting Ceremony Thursday, December 29, at 5:30 p.m. in Fountain Square. Mr. Gaynor urged shoppers and visitors to take advantage of the free Trolley in downtown Evanston daily through New Year’s Day except Christmas Day. The trolley route is bordered by Oak Ave. on the west, Chicago Ave. on the east, Clark St. on the north and Davis and Grove streets on the south. A-frame signs designate trolley stops downtown. He announced that the 13th Annual First Night Evanston celebration will take place on Saturday, December 31 starting at 6:00 p.m. The largest Illinois festival of the arts will feature 40 artists on 19 stages with 117 performances and conclude with a lakefront fireworks display at midnight. Mr. Gaynor announced that Christmas tree pickups would be on the same days as refuse/recycling collection for four weeks, beginning January 3 through January 26. All decorations should be removed and trees placed in front of the residence not wrapped in plastic. Public Works Director David Jennings announced that holiday refuse/recycling pickups would be Tuesday-Friday collection instead of Monday-Thursday for the weeks of Christmas and New Years. Facilities Management Director Max Rubin announced lighting of Kwanza candles at Fountain Square would be Monday December 26, at 5:30 p.m. 2 December 12, 2005 CITIZEN COMMENT: Jeanne Lindwall, 625 Library Pl., on behalf of Dave Schoenfeld and herself, Northwestern Neighbors members, urged Council to vote against the nomination of Ron Nayler to the ZBA. Although the Mayor and Mr. Nayler meant well, this is a bad idea. The Council in recent years has fostered confidence in the fairness of its land use policies, especially with individual taxpaying residents. Unlike large developers and Northwestern University, people don’t have lawyers and land use experts on retainer to protect citizens’ interests. Only the City Council protects individual’s interest. This nomination would shift the balance dramatically from individual citizen taxpayer, both in fact and in perception, and seriously undermine public confidence in the City’s land use policies. Mr. Nayler’s appointment to the ZBA is rife with conflicts that cannot be remedied by a recusal from decisions that affect NU properties. He would still participate in decisions that would set precedents for future decisions affecting NU and have the opportunity to influence decisions on NU issues through the informal give and take of committee work that is sometimes more important than final voting. Anyone who opposes an NU initiative, especially on land use issues will worry about retaliation if they ever have a zoning issue of their own. Mr. Nayler has criticized the T1 and T2 zoning districts as “takings.” How can the public expect him to faithfully apply a Zoning Ordinance he thinks is unconstitutional. As a property owner in a T2 zoning district, she was concerned about his ability to be objective should she have a case before the board. Anne Gauthier, 231 Burnham Pl., Mental Health Board member and addictions counselor at Hazelden Chicago, spoke about the amendment to the new liquor ordinance. She noted in some of the oldest cultures families introduce children to wine with a meal. Drunkenness is regarded as unacceptable and there is a low rate of alcoholism. Italy has a lower rate of alcoholism than does France. According to The Economist, “boorish drunkenness in many town centers in other countries is mercifully rare in Italy.” It seems that over time, cultures figure out that people who never drink to intoxication do not develop alcoholism. It is over drinking that triggers a change in the brain chemistry. In the United States about 10-12% of the population develops alcohol dependence. From En Carta, “people who start to drink at an early age are at a particular risk for developing alcoholism. These individuals are four times more likely to become alcohol dependent than those who delay drinking until age 21” Currently when underage persons engage in binge drinking, as they tend to do at late night establishments, they can develop alcoholism in just a few years. Alcohol related auto crashes are still the leading killer of U.S. teens. Maintaining the current ordinance is a simple step the community can take toward changing the culture here and shows a commitment to protect underage youth. Dan Broadwell, 1930 Ridge Ave., noted the proposed change to the liquor ordinance does not encourage substance abuse, but allows people to be in B1 establishments past midnight for fund-raising purposes. At Northwestern University, 40% of all students are involved in philanthropic or community service activity resulting in thousands of contributions to the City and surrounding communities. This year, Dance Marathon, the largest student organization on campus will donate 10% of all funds raised to the Evanston Community Foundation and over the past eight years has donated over $200,000 to the foundation. Suitcase Party, another NU philanthropic organization, raised $2,000 last year. These figures do not reflect the hours of student time dedicated to improving the Evanston community through organizations such as Special Olympics and Habitat for Humanity. Dance Marathon students alone completed 56,359 hours of community service last year. To fund such events, many organizations hold fund-raisers at B1 establishments. In 2001-02, students held 33 events, 35 events in 2003-04 and 34 events in 2004-05. The amendments being introduced that evening would allow students to hold 35 fund raising events each year. In the past Dance Marathon has been able to raise $5,000 with three events in B1 establishments. So far this year seven events have been scheduled. The impact of the new law has already been felt. A Dance Marathon social in October, which began at 8:00 p.m., raised one-fourth of the money compared to last year. Not passing this amendment could be detrimental to the groups who rely on this money to function and allows students to give back to the Evanston community. Robert Atkins, 2005 Orrington Ave., president of Northwestern Neighbors, recalled that over five years ago another City Council stood tall when, over the strenuous objections of Northwestern University and Mayor Morton’s veto, they passed an ordinance that established the Northeast Evanston Historic District. Tonight this Council is asked again to stand tall and reject the Mayor’s highly inappropriate appointment of NU’s chief planning and development officer to a five-year term to the Zoning Board of Appeals. Given the numerous conflicts of interest and situations, which according to the Ethics Board could readily arise should Mr. Nayler be appointed to the ZBA, his full participation in ZBA matters would be under constant scrutiny likely resulting in delay, uncertainty and litigation. This appointment, if approved would shatter long held citizen confidence in the integrity and independence of Evanston’s boards and commissions. It is 3 December 12, 2005 troubling that the City Manager would support Council approval of the Mayor’s appointment given that her involvement in this matter is clearly outside the scope of her responsibilities. He asked Council to ask itself if a vote to approve Mr. Nayler to the ZBA, is a vote they will be proud of. This effort by Mayor Morton to put the top officer of the largest land owner in Evanston on the ZBA should be rejected. He urged them to stand tall and vote no. Matthew Bogusz, 721 University Pl., Northwestern freshman, spoke about why fund-raising events should be allowed past midnight. During evenings students attend meetings, participate in extracurricular activities such as Waa Mu so the only time they can enjoy themselves is later in the evening. With 70% of the students involved in some activity and NU's rigorous academic schedule, the student environment works against doing things earlier in the evening. This was demonstrated by a decrease in contributions to recent fund-raisers held between 8:00 p.m. and midnight. Dance Marathon recently raised $150, while last year the same event raised $600. He stated the reason fund-raisers need to be held in B1 establishments, rather than church basements or the student center, is because they attract large crowds and generate a large profit. He did not think the amendment opened the door to binge drinking or alcoholism, but allows student groups the chance to do what they do best, raise money for philanthropic causes. Kate Mahoney, 2538 Gross Point Rd., said that fund-raisers happen in many places in Evanston, such as church basements, non-profit agencies and the Orrington Hotel. She encouraged Council to have a broad vision of what philanthropy is and to help give positive messages to students on how they can raise money. An NU alum, she recognized that many parties on campuses throughout the nation start late at night. When philanthropy is important, there are options for events to occur at different times. Lots of good things can happen before midnight. As executive director of a non-profit agency, she follows issues related to philanthropy; noted that many organizations have experienced decreases in fund-raising results. Some believe it is due to giving to natural disasters such as the tsunami and hurricanes Katrina/Rita or other issues. She suggested there are many reasons why results may differ this year from last. She did not think the liquor ordinance just passed in October could explain the change in results. And even if it has, she thought when they think about charity and philanthropy, it has to be bigger than the bottom line. She encouraged Council to stay with the ordinance passed, collect data and see its impact. She offered to work with any student group on creative ways to raise funds. This involves more than NU students, but high school students as well. Penelope Whiteside, 2117 Payne St., urged Council to vote against the amendment to the liquor ordinance. She did not think those favoring it are promoting alcoholism. Common sense says that closing those opportunities at midnight just might curtail over drinking. The current ordinance has had no chance to be tested and she urged giving it a chance. Mimi Peterson, 748 Wesley Ave., opposed Ron Nayler’s nomination to the ZBA. The Ethics Board’s advisory opinion on this nomination concluded that, not only should Mr. Nayler be barred from hearing NU cases before the ZBA, but the Ethics Code also bars Mr. Nayler from participating in cases where zoning entitles his employer to individual written notice for property at issue. She believed this appointment presents so many conflicts of interest that would disqualify him from serving, so that either his name should be withdrawn or he should be rejected by Council. Mr. Nayler’s recusal from hearing matters proposed or opposed by NU is not sufficient to fully remedy the nominee’s numerous conflicts of interest. Because of Mr. Nayler’s responsibilities for land use and development on behalf of NU, his appointment would be improper and a violation of Section 1-10-4(c )3 of the Code of Ethics. Mr. Nayler’s December 4, 2005 letter to the Ethics Board in response to the board’s advisory opinion is unprecedented and shocking. His response is not that of an average citizen who wants to serve his community, but the sentiments of his employer who seeks to have an inside track to zoning and land use issues here. In his letter Mr. Nayler inferred that he has the support of Community Development Director for this appointment and of the City Manager. The involvement of the city manager and her subordinates is unusual and inappropriate. According to him neither Mr. Wolinski nor the manager see any problem with his nomination. Nowhere in the City Code, under duties of the city manager, does it suggest consultation on mayoral appointments. She urged rejection of Mr. Nayler’s nomination to the ZBA. Jonathan Love, 655 University Pl., spoke about the liquor ordinance, noting issues of security and control have come up and how they ensure that underage persons are not allowed to drink in bars and these establishments remain secure. Student groups don’t support underage drinking. At fund-raisers, money is collected at the door and no funds are received from the sale of alcohol. Only NU students can come in. A contract is signed between the organization and the bar hosting the event, with the help of NU Center for Student Involvement, which clearly lays out the liabilities and responsibilities of each party. The organization’s host is not allowed to drink during the social so that he/she can assist 4 December 12, 2005 the establishment in spotting any potential problems. Wristbands or hand stamps are always used. Persons over 21 years of age can purchase one drink at a time. Extra staffing is assigned for socials at the bars to make sure there are no violations of the code. The amendment proposed by Alderman Wollin is excellent and incorporates many of the ideas that are already used at fund-raisers such as wristbands. Also included is some kind of barrier to separate by age and underage persons is already used at some events. Having a quota is also a good idea that helps them prioritize fund- raising needs. Defining a fund-raiser is another good idea. NU, students and faculty have no interest in promoting underage drinking. Judy Fiske, 2319 Sherman Ave., said based upon the serious nature of real and potential conflicts of interest cited in the advisory opinion Council received from the Board of Ethics, urged rejection of Ron Nayler’s appointment to the Zoning Board of Appeals. There are other citizens who are as well qualified as Mr. Nayler without the conflicts he would have and other candidates that those residents most directly impacted by the NU’s land use decisions would have more confidence in. She believed that citizens who have petitioned these boards and commissions for relief want to know their case will be treated objectively. This appointment is particularly troubling to the 1st Ward because they have the most direct experience with the University’s preoccupation with zoning matters. The University’s interest in rezoning Sheridan Road is well known and its perception that the Zoning Ordinance is unfair to NU. The University has been secretive about its plans for redevelopment west of Sheridan Road and kept its 1995 J.J.R. Plan hidden from the City and neighborhood residents until the historic district litigation forced its release. Residents south and west of the University look on this nomination as a troubling indication that this Council will open the doors of citizen-based boards and commissions to NU administrators who will dominate discussion and influence decisions out of proportion to average citizens who also serve. This is not to say that the boards and commissions should not include many qualified and fine people who work for the University. Many boards and commissions have NU faculty and staff that bring their expertise as community members. This appointment is different. As the Evanston Review stated last week, “as highly qualified as Ronald Nayler may be, he cannot serve two masters.” Instead, the Mayor ought to issue a call for other well-qualified people to serve, who can be totally objective in all zoning cases, including any involving NU. Gladys Bryer, 550 Sheridan Sq., urged Council to enact the 2003 International Energy Conservation Code (formerly BOCA code) for commercial buildings as soon as possible. The Environment Board, of which she is a member, has urged passage of this code since 2002. She spoke as a private citizen, one of over 1,000 Evanston residents who signed a petition to Council in 2003 asking that an energy conservation code be added to the building code. Their packets contained a communication about this matter. Evanston citizens are interested in energy and energy conservation. In January 2003, Evanston’s Energy Future, a community organization, sponsored an energy forum attended by more than 100 people. Co-sponsors were the Energy Commission, Environment Board and 25 other groups. State Representative Julie Hamos attended, a key author of the recently passed state law mandating energy conservation in building code requirements. In the spring of 2003, the Environment Board made a lengthy presentation to the P&D Committee on why Evanston should enact this as part of its building code. At that time, Chicago, Naperville, Glenview and dozens of other communities had enacted the 2001 version already. Today Evanston still has no commercial energy conservation code. Five reasons to adopt this code immediately are: this code is good for Evanston, nothing is gained by waiting, state law does not require uniformity but anticipates additional conservation efforts will be enacted by various municipalities, the 2003 version contains an important increase in stringency in a lighting area compared to the 2001 version and last, this is Evanston’s chance to be a leader in energy conservation. Leonard Sciarra, 3003 Park Pl., architect, Environment Board member, spoke about why a commercial energy conservation code is good for Evanston. The board commended Council for adopting the 2003 energy conservation code that applies to residential property. However, more than half of Evanston’s energy consumption is by commercial buildings. Energy conservation is good for tax paying citizens and business owners who build with tighter windows, better insulation and other energy saving strategies that add a premium. Such commonly accepted energy conservation measures will incur energy saving costs well into the future. Energy conservation reduces pollution and favors Evanston’s long-term sustainability as it relates to non-renewable sources of energy. Statewide uniformity of an energy conservation code is not important and should not be a major factor in the City’s decision to enact the more current 2003 version. If they were concerned with uniformity they would have enacted the 2001 building code as dozens of other communities did in 2002. In the past few years, high rises in downtown Chicago and the development of The Glen in Glenview were done under the 2001 energy conservation ordinances. By taking no action, Evanston has been out of conformity with the 2001 energy conservation code for years. Since 2003, 965 town homes, condominiums and rental 5 December 12, 2005 units have been constructed without any modern energy conservation code. This is scandalous. Nothing in the state law enacting the 2001 code, which he helped write, prevents municipalities from enacting more stringent energy conservation codes or standards. Nothing is to be gained by not enacting the 2003 code now, or waiting until April when the 2001 state law becomes effective. Keep in mind that Evanston has no commercial energy conservation code at all. Do they want to allow more construction that is not energy efficient? Will they try to negotiate each requirement in the 2001 or 2003 versions with each PUD between now and April as the Building Division suggests? Are they going to add more uncertainty as owners pursue a PUD application? He urged the Council to take a stand, enact the ordinance and clarify the requirements for building owners and developers. He noted the 2003 version is more stringent than the 2001 version primarily in the area of lighting. This is particularly important for Evanston due to the current demand on the electrical distribution system. Nicolai Schousboe, 1139 Elmwood Ave., said it was too late to undo the fact that Evanston has not had a commercial energy conservation code. Many other communities have led on this. Evanston can lead now by taking positive action and not waiting until April, when an already outdated state law takes effect. Statewide uniformity does not benefit and some communities have already enacted the 2003 version. They can make a statement to step forward by enacting the 2003 version with the additional lighting requirement. The state law allows and anticipates this action. They believed Evanston citizens want the City to lead by example in environmental matters and urged Council to take action quickly. Barbara Janes, 802 Colfax St., has watched Council meetings on cable TV when unable to attend. When aldermen go through the committee reports, the P&D report tells what has been agreed to. Now that P&D is meeting as a whole Council, she suggested much of the discussion that includes citizens’ commentary and committee interaction occurs in the committee meeting. Unless physically present at the meeting that is missed and background is lost as to how Council arrived at its decision. She has wondered why Council makes certain decisions; asked them to put the P&D Committee meetings on TV. She is most concerned about land use issues as are many others and would like to see the P&D Committee meetings as well as City Council meetings on cable TV. City Manager Julia Carroll made a statement to correct the record because her name had been called into question on the appointment of Mr. Nayler. She has not advocated to the Mayor on this or any other nomination. She has advocated for a fair process for any citizen who goes through the appointment process, contrary to what was in Mr. Nayler’s letter. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with the following exceptions: bid from Joel Kennedy Constructing Corp. for Colfax/Bryant storm sewer project; Ordinance 128-O-05 – Exception to the Limitations of the Presence of Minors at Certain Licensed Establishments; Special Event permit for a Peace Vigil on December 13, 2005; and Appointment Confirmation – Ronald Nayler. Seconded by Alderman Wynne. 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 November 28, 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 December 8, 2005 and City of Evanston bills for the period ending December 13, 2005, authorized and charged to the proper accounts: City of Evanston payroll (12/08/05) $2,098,004.29 City of Evanston bills (through 12/13/05) $4,625,115.03 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Insituform Technologies, Inc. (702 Spirit 40 Park Dr., Chesterfield, MO) in the amount of $171,072 for Cured-in-Place Pipe-Lining. * APPROVED - CONSENT AGENDA 6 December 12, 2005 MOTION AND ROLL CALL (9-0) * Approval of the professional services contract with MWH Americas (380 Interlocken Crescent, Broomfield, CO) in an amount not-to-exceed $198,444 for engineering services during the construction phase for the Colfax/Bryant Storm Sewer Project. Funded by Sewer Reserve Fund. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid for CISCO Products from Netrix LLC (2801 Lakeside Dr., Bannockburn, IL) in the amount of $42,512 for software licenses for the Library’s phone system. Funded by the CIP and General Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of purchase from Dell (One Dell Way, Round Rock, TX) in the amount of $189,313 for an EMC Network Storage System. Fund by the CIP fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #9 the Lovelace Park Renovation Project for an increase of $42,344.66 to Clauss Brothers’ contract for disposal of special waste increasing the total contract amount from $736,328.28 to $778,672.94. Funded by CIP fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Resolution 75-R-05 –Tender Agreement with Fidelity and Deposit Company of Maryland – Consideration of proposed Resolution 75-R-05, which authorizes the City Manager to enter into a Tender Agreement with Fidelity and Deposit Company of Maryland to finance construction of a low- lift pump unit at the Water Treatment Facility and to enter into a contract for such project with R. Machata Construction (5626 21st St., Racine, WI) for $478,000. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 126-O-05 - City of Evanston Tax Levy – Consideration of proposed Ordinance 126-O-05, introduced November 28, 2005, which legally imposes the City of Evanston property tax levy of $24,508,043 for FY 2005-06. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 129-O-05 – Township Tax Levy – Consideration of proposed Ordinance 129-O-05, introduced November 28, 2005, by which the City Council would enact the Township tax levy of $1,312,427 for FY 2005-06. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 130-O-05 – Special Service Area #4 Tax Levy – Consideration of proposed Ordinance 130-O-05, introduced November 28, 2005, which legally imposes the annual property tax levy of $255,000 for Special Service Area #4 for FY 2005-06. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 131-O-05 – Increase in Parking Fines for Violations of Disabled Parking – Consideration of proposed Ordinance 131-O-05, introduced November 28, 2005, which amends Title 10, Section XVII, Sub-Sections E and F to increase the fines from $100 to $250 for violation of disabled parking provisions. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 132-O-05 – Easement Agreement with Metropolitan Water Reclamation District for Colfax/Bryant Sewer Project – Consideration of proposed Ordinance 132-O-05, introduced November 28, 2005, which authorizes the City Manager to execute an Easement Agreement with Metropolitan Water Reclamation District for a storm sewer at Colfax St. and Bryant Ave. on the southeast bank of the North Shore Channel. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 134-O-05 – Increase in the number of Class D Liquor Licenses – Consideration of proposed Ordinance 134-O-05, introduced November 28, 2005, which amends Section 3-5-6(D) of the City Code to increase the number of Class D liquor licenses from 23 to 24 for the New Day Café, 2916 Central St. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 138-O-05 – Parking Restrictions on Hartzell, Grant and Garrison Streets – Consideration 7 December 12, 2005 of proposed Ordinance 138-O-05, introduced November 28, 2005, which amends Section 10-11-8, Schedule VIII to prohibit parking at all times on parts of Hartzell, Grant and Garrison streets. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) PLANNING & DEVELOPMENT: * Resolution 77-R-05 – Designate the portion of Emerson St. between Orrington Ave. and Sheridan Rd. with the Honorary Name “Waa-Mu Way” – Consideration of proposed Resolution 77-R-05, by which the City Council would accept the recommendation of the Citizens’ Advisory Committee on Public Place Names to designate the portion of Emerson St., between Sheridan Rd. and Orrington Ave. as “Waa-Mu Way.” * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 139-O-05 – Amends the Affordable Housing Demolition Tax Ordinance – Consideration of proposed Ordinance 139-O-05, which would amend the Affordable Housing Demolition Tax Ordinance, Section 4-20-3(D) – refund of demolition tax. * MARKED INTRODUCED – CONSENT AGENDA and referred back to the committee. * Ordinance 127-O-05 – Amendment to the Fire Prevention Code – Consideration of proposed Ordinance 127-O-05, introduced November 28, 2005, which updates the existing Sprinkler Retrofit Ordinance to reflect the adoption of the International Building and Fire Codes. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) HUMAN SERVICES COMMITTEE: * Approval of November Township Monthly Bills – Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of November 2005 in the amount of $76,725.81. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) APPOINTMENTS: Mayor Morton asked that the following reappointments be introduced: Nancy Yalowitz Commission on Aging 1700 Hinman Ave. Gilbert Krulee Mental Health Board 1305 Grant St. Randy Walker Mental Health Board 829 Foster St. Geraldine Macsai Public Art Committee 1501 Hinman Ave. * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Alderman Jean-Baptiste moved approval of the lowest responsive and responsible bid from Joel Kennedy Construction Corp. (5901 N. Cicero Ave., Chicago) in the amount of $2,505,461.50 for the Colfax/Bryant Storm Sewer Project. Seconded by Alderman Rainey. 8 December 12, 2005 Alderman Moran explained that in his work he has dealt with a lawsuit involving Joel Kennedy Construction Company and asked to abstain from voting due to a possible conflict of interest. Roll call. Voting aye – Holmes, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Wynne, Bernstein. Voting nay – none. Abstained - Moran. Motion carried (8-0-1). Ordinance 128-O-05 – Exceptions to the Limitations of the Presence of Minors at Certain Licensed Establishments – Consideration of proposed Ordinance 128-O-05, that amends Section 3-5-11 (F) of the City Code, providing exceptions to the limitation of the presence of minors at B1 liquor license establishments. Alderman Jean-Baptiste reported the following amendment was approved in committee. “An organization sponsoring the event, in case of violation of the liquor ordinance, is prevented from holding another fund-raiser for one year.” Ordinance 128-O-05 was marked introduced as amended. Alderman Jean-Baptiste moved approval of the Special Event Permit for a Peace Vigil to be held December 13, 2005, at Fountain Square. Seconded by Alderman Wynne. Alderman Jean-Baptiste reported committee approval with conditions. The coalition sponsoring the vigil had requested a waiver of the $100 permit fee, which was accepted and also asked for a waiver of the liability insurance that the committee did not approve. The coalition was asked to provide insurance by the next day in order to have the vigil. Voice vote. Motion carried. No nays. Alderman Rainey announced that the P&D Committee is not a committee of the whole and is simply a committee of Council. The main topic discussed that evening was the inclusionary zoning proposal for ordinances. A special meeting on inclusionary housing/zoning is set for Thursday, January 5 at 7:00 p.m. in Room 2200. The demolition tax has been returned to the committee with a few amendments committee members wanted to see involving homeowners tearing down their homes and building another for their own use. APPOINTMENTS: Alderman Moran moved approval of Ron Nayler’s appointment to the Zoning Board of Appeals. Seconded by Alderman Rainey. Alderman Bernstein called for the question. Seconded by Alderman Wynne First Assistant Corporation Counsel Herb Hill read rule 18.9 from City Council Rules: “If the motion to call for the question is carried, all further motions and debate shall be excluded and the question before the Council shall then be put. If a roll call vote is requested on a motion to call for the question, a two-thirds (2/3) vote of the Aldermen present is required for passage.” That would be six (6) votes. Mayor Morton stated a recent Evanston Review editorial had incorrect information -- that ZBA decisions are not subject to Council review was untrue. Any decision by the ZBA must come before the City Council. Alderman Bernstein disagreed; said some ZBA decisions are final, such as front yard fences and things that are not special uses or variations. She explained the Ethics Board was not asked to approve or disapprove Mr. Nayler’s appointment, but to advise an alderman and did not rule that Mr. Nayler could not sit on the ZBA. The ruling was made by three of the five member board. One did not participate and one member recused himself at the chair’s request. In the Ethics Board opinion, it states that Mr. Nayler is land use director for NU. He is Associate Vice President for Facilities Management. The ZBA does not create land use policies; is not a policy board and is a site-specific board and recommends to the City Council. Mayor Morton asked that Mr. Nayler’s letter to the Board of Ethics be made part of the record. …“The Director of Community Development, James Wolinski, asked me to submit my name to the Mayor for nomination. (Mr. Wolinski has served the City for a considerable amount of time, attends all meetings so he knows what that committee needs. Since the process started, she has received applications including one from a speaker that evening.) 9 December 12, 2005 The Board of Ethics situation listed as conflict of interest #1 is straightforward and is just a restatement of what is in the Ethics Ordinance. I agree that this situation is a conflict of interest. I strongly believe that the Board of Ethics situation listed as conflict #2 does not create an inherent conflict of interest and should not be imposed as a constraint on my service if I’m appointed to the ZBA. Just because the University is noticed about an application, does not mean that there is a conflict of interest. You may recall that I informed the Board about notice provisions because I was convinced that this was a non-issue. I made (it) clear to the board when I would recuse myself and when I would not. In almost all cases, the University has no interest in the outcome of the cases for which it is noticed. I can’t recall the University taking a position on any ZBA application for which it was noticed during the 8-½ years I have been employed by the University. To prohibit me from hearing a case about a residential fence variation or a yard or lot coverage variation just because NU has been noticed makes no sense to me. The same also holds true for major variations and special uses; in fact, the ZBA does not make final decisions on special uses… the City Council does. This constraint would deprive the Zoning Board of a voting member for no rational reason or purpose. It would be appropriate if the constraint was worded so that I shouldn’t hear any case where NU has been noticed and where NU has also taken a stance on the case (but that’s an obvious conflict where I would recuse myself whether there was a constraint placed on my service or not; additionally, it is covered in the Board of Ethics conflict #1 where the University is an “objector”). To make a blanket judgment that I have a conflict of interest solely because NU is entitled to receive notice is completely arbitrary and there is no basis in the Ethics Ordinance to support this conclusion. The Board of Ethics situation listed as conflict #3 is pretty broadly written but ultimately places the decision on recusal in my hands. It states that I shouldn’t participate in cases “in which he believes that his employer has an interest in the outcome, whether direct or indirect.” This is just another way that each board or commission member has to look at a potential conflict of interest in deciding whether to recuse him or herself from the business that comes before his or her board or commission. However, to explicitly state it for me and not for every board or commission member doesn’t make sense to me; this either applies to every board and commission member or it doesn’t apply to anyone (and I believe that it applies to all). For example, why wouldn’t this be explicitly stated for commission members who have significant commercial and residential real estate interests and who serve on commissions that deal with real estate and development issues? There are many examples of sitting board and commission members where this applies but they’ve all been expected to abide by the Ethics Ordinance and use their good judgment without specific constraints being enumerated. I believe that I should be treated no differently. I believe that Board of Ethics situation listed as conflict #4 goes too far. I agree that I should not make any presentations to the ZBA. However, barring me from “preparing, consulting on or making any decision, strategic or otherwise, related to a matter before the ZBA” is not appropriate. First, it isn’t clear whether this statement refers to matters that NU actually has before the ZBA or whether it also refers to prospective matters. The wording seems to be for any matter that is actually in front of the ZBA. If so, those instances are very few (once in the last 8-½ years) but not zero. If the intent is that it cover prospective matters, then this constraint is much too limiting. For example, it would prohibit me from doing strategic planning or long-term land use planning where one of the outcomes of the planning process may be an option that recommends a project that requires a minor variance or a special use approval. Other board and commission members in Evanston consult on or take part in decision making on issues that ultimately come before their boards or commissions; however, they recuse themselves from participating in the hearing and the decision. There are no prior constraints on their service and I should be treated the same way; it would be inappropriate to apply this constraint to me individually. I also believe there is no basis in the Ethics Ordinance to support this conclusion. The Board of Ethics situation listed as conflict #5 is not relevant and should not be imposed as a constraint on my service if I am appointed to the ZBA. The Ethics Ordinance is very specific on this point and states that “nor shall any employee or elected officer represent private interests….”Other sections of the Ethics Ordinance refer to “employees and officers” wherein “officers” applies to board and commission members; however, this entire section of the ordinance very specifically refers to “elected officers” not “officers.” I believe that this was a misinterpretation of the Ethics Ordinance by the board. 10 December 12, 2005 The Board of Ethics situation listed as conflict #6 is just a restatement of what is in the conflict of interest section of the Ethics Ordinance. I agree that this is a conflict of interest situation. I’ve always acted with the utmost integrity in all of my appointed positions in public service and would do so if appointed to the ZBA. To recommend that inappropriate constraints be placed on my service is unreasonable.” Mayor Morton stated this letter was written because Mr. Nayler had no other opportunity to respond to the opinion of the Board of Ethics. Roll call on calling the question. Voting aye – Rainey, Hansen, Wollin, Wynne, Bernstein. Voting nay – Holmes, Moran, Tisdahl, Jean-Baptiste. Motion failed (5-4) Alderman Moran stated that Ron Nayler is imminently qualified for this position and a person of the highest integrity; was confident that he would vote dispassionately, intelligently and wisely on any matter before the ZBA were he to be appointed. The ZBA has been operating for a long time two people short. That shortage has resulted in lack of a quorum and inability to get four votes which is required to move a matter on the agenda. It was incumbent to get the ZBA up to its full complement so the ZBA could do its job. People understood that Ron Nayler was a person by training and experience who understood the issues the ZBA addresses regularly and would bring a solid perspective to those issues. One reason the City has difficulty getting people to serve on boards/commissions is that there are situations like what was happening that evening, where aggressive, partisan, antagonistic and relentlessly negative people who, for their purposes, choose to attack someone. Why would anyone want to serve? They are scared away. If somebody says they will go to the Civic Center twice a month at night, sit for four-five hours and devote their time for no pay to bring their talents and intelligence to issues to move forward, to be told they don’t measure up, the City has a real problem. He had been in board/commission meetings where a member had a conflict of interest and attempted to vote and was told by other members they could not vote because they clearly had a conflict. Every person nominated to a board or commission has the potential for a conflict of interest. He has had to recuse himself, not due to a specific conflict, but would not vote on a contract with someone he is involved with in a different situation. This was a remarkable situation, where someone not on a board or commission was referred to the Ethics Board. Ron Nayler’s letter read by the Mayor is an eloquent statement on how questions of conflict of ethics should be addressed. He hoped all keep a copy, make it standard fare and attach it to board/commission applications so that people can understand they may have a conflict of interest in which they will have to refrain from voting. Mr. Nayler succinctly enunciated the heart of the ethical approach to work on a board/commission. It is unfortunate that the Ethics Board chose to parse six potential areas of conflict. There is one area of conflict in the current Ethics Ordinance which says that if someone cannot be impartial or dispassionate , or if they have a personal interest or an interest otherwise associated with them that prevents them from voting in a dispassionate and impartial way, they must recuse themselves. That rule applies to every person who serves on a board/commission and makes no difference who they work for, what their job is or where they live in the City. He felt this would be a difficult night with more to come when opportunities for collaboration, cooperation and reciprocal advancement of interests of the City and the University would be seriously impaired if this vote is negative. He urged fellow aldermen to consider how they would feel if someone they were associated with and respected were put in this position and rejected. He asked Council to approve Mr. Nayler’s nomination. Alderman Rainey explained Peter Godwin’s recusal from this Ethics Board opinion. She disagreed with Alderman Moran’s statement about how fair and able to determine conflict Mr. Nayler would be if appointed. In his letter, he said on one point where recusal was being required, that he would consider matters where his employer was noticed but if his vote for a quorum was needed, he would vote and in other cases would not. She felt that Mr. Nayler just did not get it. This nomination was a mistake from the beginning and the involvement of City staff, despite Ms. Carroll’s comments that she did not recommend this appointment, Mr. Nayler said clearly in his letter that Julia Carroll felt he could be fair on the ZBA. Staff has no business recommending people to citizen committees. The Mayor is obligated to bring nominations and Council is obligated to make referrals. She spoke with numerous people who promised to get applications in for boards/commissions and who are as qualified as Mr. Nayler, whom she thought would be fabulous appointee to the ZBA in another community where his employer was not the major landowner. For that reason she would vote against this. 11 December 12, 2005 Mayor Morton read again from Mr. Nayler’s letter: “Given the in-depth understanding of this position, Mr. Wolinski did not see any inherent problem in my serving on the ZBA. The City Manager agreed with Mr. Wolinski.” Alderman Jean-Baptiste thought that Mr. Wolinski and Ms. Carroll had a legitimate interest to assure that essential boards, such as the ZBA, work properly and did not blame them for asking Mr. Nayler to apply; does not blame Mr. Nayler for wanting to serve because he is well qualified. Alderman Jean-Baptiste has advocated for a stronger relationship with NU and to settle the lawsuit; realized there are some objective conflicts which exist independent of their will. Those conflicts manifested themselves in NU’s acquisition of 1800 Sherman. It was in the interest of NU to buy that property and not in the interest of the City. He attended the Ethics Board hearing, spoke with Jim Wolinski about what he had done, read up on Mr. Nayler, consulted friends at NU, and heard from many constituents. As a result, if he were Mr. Nayler, he would recuse himself. Not because he has done anything immoral or would do a poor job, but as in the case of Fiske v. Wollin, he felt this potential conflict created a perception that people would question if his actions were in the City’s best interests. Perception is often stronger than reality, so he opposed this nomination. Alderman Tisdahl agreed that perception often is stronger than reality. For the sake of the community, she spoke about what the ZBA actually does. The ZBA is not the major land use committee, which is the Plan Commission. ZBA has a lot less impact since many things were made PUDs and go to the Plan Commission. About 90-95% of what the ZBA does is discuss fences, decks and additions. The other 10% is special uses. She asked for and received the last 20 ZBA decisions and read each. She believed that Mr. Nayler could decide these decisions and would not pose a conflict Alderman Moran clarified that the notion is silly that if the University receives a notice of a matter pending before the ZBA would create a conflict of interest immediately. If somebody gets a notice within 250-ft, 500-ft or 1,000-ft., depending upon circumstance, the City has deemed them entitled to find out what is going on, that does not create a conflict of interest. What Mr. Nayler said, was not that he would vote if he had a conflict of interest, if his vote was needed, was why he would recuse himself on a broad basis. The University probably gets many of these notices. If NU did take a position on a noticed matter, he would recuse himself going back to the one rule relating to potential conflicts, which is, if they arise he would recuse himself. He enunciated that and he did not say he would vote if there was a conflict, rather that he would vote if there was a need for his vote. Alderman Rainey showed a large map of NU holdings in Evanston and said this was why Mr. Nayler was inappropriate to serve on the ZBA and that he cannot come other than as an agent for NU. Hearing a case where a home was within 500-feet and received a notice she would expect that member to recuse himself. Ron Nayler needs to recuse himself on any matter where a notice has been received by NU. He did not get it because in his response he said he would decide whether or not he had a conflict. There is virtually no property in the 1st Ward requesting a special use that he could vote on. For those who feel the ZBA does not make land use policy, she takes their recommendations seriously. She recalled ZBA stuck the 8th Ward with a Subway (Sandwiches and Salads) on Howard St., an auto repair shop that been out of business for over six months and a pawn shop. Those are land use policies. The ZBA recommended a building with two units be increased to three units over staff objections in a overpopulated neighborhood. The ZBA is not a minimal, no impact board. It has a lot of power and a mistake to have a person who is an agent for a landowner of this much property. Roll call. Voting aye – Holmes, Moran, Tisdahl, Wollin. Voting nay – Rainey, Hansen, Jean-Baptiste, Wynne, Bernstein. Motion failed (4-5). CALL OF THE WARDS: 5th Ward. Alderman Holmes invited Council members to a 5th Ward meeting on Thursday, December 15. City Manager Carroll will be the guest speaker. 6th Ward. No report. 7th Ward. No report. 8th Ward. Alderman Rainey reminded all that a Special Planning & Development Committee meeting would be held Thursday, January 5, at 7:00 p.m. on affordable housing and inclusionary zoning. 12 December 12, 2005 9th Ward. No report. 1st Ward. Alderman Wollin wished to share, in the future, some of the wonderful experiences she had at the National League of Cities meeting and the opportunities to network with other cities. She was part of the university/city and women in municipal government caucuses; tried to learn about issues affecting Evanston and other towns in the United States and went to a number of seminars on affordable housing. She appreciated the opportunity to attend and hoped more people would attend next year. 2nd Ward. Alderman Jean-Baptiste invited all to a holiday meet and greet at Pick A Cup of Coffee on Friday, December 16 from 6:30-8:30 p.m. with holiday music from diverse cultures. He reminded residents that the City is serious about issuing tickets if people don’t move their cars after two inches of snow. Residents can check the City website for information, listen to 1650-AM radio or watch cable TV for news about snow. 3rd Ward. Alderman Wynne stated the issue raised by the Environment Board that evening was a scandal. Evanston needs to bring itself up-to-date. The fact that more than 900 units have been built that are not up to the latest code is embarrassing. She asked staff to look into getting up to date with the 2003 code. This issue was raised at the P&D Committee meeting. Staff was asked to address this with all due speed and it did not happen. She has noticed it is difficult for a citizen to figure out which boards and commissions have openings. She asked the city manager to provide a method on the website to determine where there are openings four-five months out. City Manager Carroll reported she is working on a report that shows vacancies for the upcoming six month period on a month by month basis. There are 46 upcoming openings. 4th Ward. Alderman Bernstein made a reference on behalf of the Human Services Committee to the city manager to understand the standards for who uses City facilities; who pays rent and who does not and how that is determined. In reference to the Ethics Board opinion, he stated an Ethics Board member, prior to recusing himself, made statements that violated every rule in the Ethics Ordinance. He asked the city manager to determine the process whereby Alderman Bernstein could rescind his vote for confirmation of this individual to the Ethics Board. He noted Council will discuss expanding or contracting the liquor ordinance at the next meeting; asked why they bother to have liquor ordinances – when they talk in terms of enforcement, non-enforcement. He raised the issue because recently he was at an administrative hearing where the proprietor of The Keg pled guilty to a nuisance ordinance and paid a $350 fine and will continue to sell alcohol to underage persons. If they have any hope of stopping underage drinking, they have to get serious about enforcement. He asked Mayor Morton to hold a hearing and, if she does not, he will file a written demand that a hearing be conducted. At 12:00 a.m., Alderman Bernstein moved that Council convene into Executive Session to discuss closed session minutes pursuant to 5 ICS 120/2 (c) (21). Seconded by Alderman Jean-Baptiste. (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 – Holmes, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste, Wynne, Bernstein. 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 12:05 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.