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HomeMy WebLinkAbout02_14_05_ccCITY COUNCIL February 14, 2005 ROLL CALL - PRESENT: Alderman Wynne Alderman Tisdahl Alderman Bernstein Alderman Rainey Alderman Moran Alderman Newman A Quorum was present. Alderman Jean-Baptiste ABSENT:Aldermen Kent and Feldman PRESIDING:Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, February 14, 2005, at 9:08 p.m. in the Council Chamber. ANNOUNCEMENTS: Health & Human Services Director Jay Terry announced that the mercury thermometer turn -in program would continue through May 31. Residents are encouraged to bring in their old thermometers anytime during business hours to the Health Department, to get a new thermometer. City Clerk Mary Morris announced that voter registration for the April 5 Consolidated Election would close at 5:00 p.m. Tuesday, March 8. The City Clerk’s office will be open for voter registration on three Saturdays: February 19 and February 26 and March 5, from 9:00 a.m. to noon, in addition to regular weekday hours. CITIZEN COMMENT: Junad Rizki, 2784 Sheridan Rd., said the public needs more accounting of the cost of the new Sherman Avenue garage. It appears there may be extra costs due to problems in the process and not all costs are due to price inflation. He asked for a memo on what is going on. What should concern Council is what the final cost will be. He asked why Council has allowed the Library Board to waste $2 million to renovate the Childrens Library. Considering the conditions of the branch libraries, the request did not make sense. The Library Boards statement is that the reason for the renovation is a growing minority population. He recommended they build a small branch library in the 5th or 8th ward where many minority children live. The cost would be much less. Richard Girard, 1028 Austin St., member of Evanstons Affo rdable Housing Future, also spoke for the Peace and Justice Committees of Roman Catholic parishes in Evanston. They urge Council to give high priority to passing the following pending ordinances: Inclusionary Housing Ordinance, an ordinance that modifies the condominium conversion ordinance and a residential demolition fee ordinance. They are glad the P&D Committee will have these ordinances on their March 14 meeting agenda. They dont think this is a cure all, but will be important to the City. They thanked Council for support of affordable housing measures over the years. They respectfully asked for favorable consideration of the three ordinances. He passed out a sheet explaining the ordinances and the need for affordable housing in Evanston. Ryan Garton, 914 Asbury Ave., 10-year resident said he is a candidate for alderman of the 4th Ward. His wife Linda is an assistant dean at Northwestern University and they have a two-year-old child. He thanked circulators of his petitions and the 94 residents who signed his petitions who want a choice in the 4th Ward. Many supporters have called who were disappointed in the process and feel disenfranchised about what happened over a technicality. He apologized to the staff and City attorneys who did a crash course in election law. He asked that citizens respect the decision that was made and direct comments in a positive manner as people are doing their job. In the 4th Ward they hold their decisions and the ability to make decisions dear. They will address this technicality in a different way. This cowardice of hiding behind a technicality is something that has diminished the community and was an assault on common sense. They want to debate about Evanstons future. Todays decision has re-energized the 4 th Ward and they will have a choice. Those who have run before have characterized campaigns as ordeals, but residents will have a choice with a write-in candidate. 2 February 14, 2005 Peggy Tarr, 907 Sherman Ave., spoke as a 4th Ward resident and registered voter. She was disappointed that the ward would not have another candidate on the ballot for 4th Ward alderman at the April 5 election other than incumbent, Alderman Bernstein. It was unfortunate that objections to nomination papers for potential aldermanic candidate Ryan Garton were filed and upheld. Most of the objections against Mr. Gartons nomination papers were not pursued at the February 10 hearing. This would not seem to be an act of generosity or compassion as much as recognition of similarities to Alderman Bernsteins nomination papers. One objection wa s the nomination papers contained signatures of persons not signed in person and rather are printed, and such do not constitute genuine signatures of the voter. Standing out boldly at the top of one of Alderman Bernsteins petitions is the printed name of Julie Hamos, state representative for Evanston. Objections to Mr. Gartons nomination papers were filed by Norris Larson and every deed defines who people are. Ms. Tarr did not oppose doing the right thing as far as making sure nomination papers are filed correctly. Her experiences and observations in the aldermanic campaign of 2001 taught her that if there were a way to exclude a candidate from the ballot or minimize votes for an opposing candidate, it would be done. In 2001 Alderman Bernstein, Mimi Peterson and herself were candidates for 4th Ward alderperson. She was labeled anti-Semitic. A letter was circulated by a nebulous coalition attacking the character of Mrs. Peterson. Many in and out of the 4th Ward want an alderperson who represents and responds to the wards constituents. As the sayi ng goes, it aint over til the fat lady sings. As to the 4 th Ward aldermanic race, she does not hear a note. She praised Mayor Morton for her courage in expressing opposition to the objections and complimented Alderman Newman for his guidance during the hearing. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: contract with Call One for local/long-distance telephone service; Ordinance 123-O-04 - Special Use/Major Variation at 702-708 Greenleaf; Ordinance 10-O-05 - Zoning Planned Development - 1228 Emerson; Ordinance 12-O-05 - Special Use for Type 2 Restaurant - 2485 Howard St.; Ordinance 13-O-05 - Zoning Text Amendment Build to Lot Line and Ordinance 9-O-05 - Zoning Map Amendment Rezone to B1 the current B2 ar ea along Central St. (between Marcy & Bennett). Seconded by Alderman Tisdahl. Roll call. Voting aye Wynne, Bernst ein, Moran, Tisdahl, Rainey, Newman, Jean-Baptiste. Voting nay none. Motion carried (7-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of January 24, 2005 and the Special City Council Meetings of January 22, 2005 and January 29, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) *Approval, as recommended, of the City of Evanston payroll for the periods through January 27, 2005 and February 10, 2005 and City of Evanston bills for the period ending February 15, 2004 authorized and charged to the proper accounts: City of Evanston payroll (through 01/27/05) $2,143,765.48 City of Evanston payroll (through 02/10/05) $2,034,649.07 City of Evanston bills (through 02/15/05) $3,452,025.90 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Consideration of petition to install speed bumps in the alley located at 1730 Hinman Ave. (west alley). * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of lowest responsive and responsible bid from Cumberland ServiCenter, Inc. for the purchase of five (5) garbage trucks at a cost of $826,175. (Funded in the Capital Outlay Account.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of lowest responsive and responsible bid from Chicagoland Paving Contractors, Inc., for Ackerman Park and Cartwright Park improvements at a cost of $253,000. (Funded by 2002-03, 2003-04 and 2004-05 G.O. bonds.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) 3 February 14, 2005 * Approval of lowest responsive and responsible bid from Pinel Andrews Construction Corp. for Noyes Center Gallery improvements at a cost of $17,110. (Funded by the IL Dept. of Natural Resources Public Museum Capital Grant Program.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) Approval of the purchase of Motorola portable radios (110) for the Police Department from Motorola, Inc., North American Group using the State of Illinois contract at a cost of $248,877. (Funded by the E-9-1-1 Fund.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of contract for professional services with CATH Associates for construction management of Fire Station #5 at a cost of $152,960. (Funded by CIP Fund.) * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (7-0) * Approval of authorization for the City Manager to enter into a sole-source contract with PeopleSoft/Oracle for implementation of Phases V-a and V-b of the financial software system in the amount of $256,360. (Funding is the CIP fund.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of contract with Arbor Green, Ltd., for Tree Inventory Services with an estimated cost of $55,650. (Funded in the Parks/Forestry & Recreation budget.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Approval of contract for guaranteed maximum price for the Sherman Avenue garage. (Funding is from the Washington National TIF.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) ■ ■ ■ ■ * Resolution 9-R-05 - Appointment of City Manager as an Alternate Director to the SWANCC Board - Consideration of proposed Resolution 9-R-05, which names the City Manager as an alternate director to the board of the Solid Waste Agency of Northern Cook County (SWANNC). * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Ordinance 14-O-05 - Special Assessment #1462 - Alley Paving - Consideration of proposed Ordinance 14-O-05, which authorizes the paving of an alley located north of Noyes St. and east of Brown Ave. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 16-O-05 - Special Assessment #1474 - Alley Paving - Consideration of proposed Ordinance 16-O-05, which authorizes the paving of an alley located north of Emerson St. and east of Jackson Ave. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 17-O-05 - Special Assessment #1477 - Alley Paving - Consideration of proposed Ordinance 17-O-05, which authorizes the paving of an alley located north of Foster St. and east of Jackson Ave. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 18-O-05 - Special Assessment #1479 - Alley Paving - Consideration of proposed Ordinance 18-O-05, which authorizes the paving of an alley located north of Greenleaf St. and east of Darrow Ave. * MARKED INTRODUCED CONSENT AGENDA * Ordinance 20-O-05 - Decreasing Class H Liquor Licenses - Consideration of proposed Ordinance 20-O-05, which amends Section 3-5-6(H) of the City Code to decrease the number of Class H liquor licenses by one from two to one due to the closing of Osco Drug Store #5627, 1630 Sherman Ave. * MARKED INTRODUCED CONSENT AGENDA PLANNING & DEVELOPMENT: * Zoning Planned Development Time Extension - 413-421 Howard St. - Consideration of Bristol Chicago Developments request for an extensi on on the construction schedule for the planned development at 413-421 Howard St. for 221 apartments in a building 170 feet to the top of the roof. 4 February 14, 2005 City Council adopted the planned development on March 8, 2004, subject to the standard limitation that construction begin within one year. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Request for $10,000 in Mayors Special Housi ng Funds for Homeless Management Information System - Consideration of the Housing Commission recommendation to use $10,000 in Mayors Special Housing Funds to match the HUD funded Homeless Management Information System for the Evanston Alliance on Homelessness. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Request for $600,000 in HOME Funds for the Reba Place Development Corporation - Consideration of the Housing Commission recommendation to grant the request for $600,000 in HOME Funds to Reba Place Development Corporation for acquisition of a 12-unit building at 602 Mulford St. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Ordinance 11-O-05 - Special Use for a Type 2 Restaurant - 1612 Benson Ave. - Consideration of the recommendation of the ZBA to grant a Special Use for a Type 2 Restaurant (Dunkin Donuts) at 1612 Benson Ave. * MARKED INTRODUCED CONSENT AGENDA * Zoning Planned Development - 1567 Maple Ave. - Consideration of the findings and report of the Plan Commission to deny a requested planned development for 1567 Maple Ave. and requested by applicant to have the matter returned to the Plan Commission for review of revision. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (7-0) * Ordinance 19-O-05 - Zoning Planned Development - 1800 Ridge Ave. - Consideration of the findings and report of the Plan Commission to grant a requested planned development for 1800 Ridge Ave. * MARKED INTRODUCED CONSENT AGENDA (Alderman Bernstein abstained due to a conflict of interest. He represents the purchaser of the property.) APPOINTMENTS: Mayor Morton asked that the following appointment be introduced: Genevieve OToole Housing Commission 2600 Central St. Mayor Morton asked that the following reappointments be introduced: David Dankert Environment Board 1145 Sherman Ave. Leonard Sciarra Environment Board 3003 Park Pl. Sharon Y. Bowie Plan Commission 1907 Dodge Ave. * INTRODUCED CONSENT AGENDA Mayor Morton asked the following appointments be confirmed: Mary Jennings Power Arts Council 2020 Ridge Ave. For term ending February 28, 2008 5 February 14, 2005 Carol Balkcom Housing Commission 2811 Harrison St. For term ending February 28, 2008 Eric Beauchamp Housing Commission 809 Sherman Ave. For term ending February 28, 2008 Dona P. Gerson Library Board 200 Lee St. For term ending February 28, 2008 Tad Cook Site Plan & Appearance Review Board 1519 Hinman Ave. For term ending February 28, 2008 Susan Bryniarski Frischer Zoning Board of Appeals 2011 Seward St. For term ending February 28, 2010 Mayor Morton asked the following reappointment be confirmed: Arlene Haas Energy Commission 412 Clark St. For term ending February 28, 2009 Vicky McKinley Environment Board 223 Grey Ave. For term ending February 28, 2009 * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Approval of contract with Call One for local and long-distance telephone service using the Northwest Municipal Conference contract. (Funded in the Telecommunications budget.) Alderman Jean-Baptiste announced this was held at the request of the City Manager PLANNING & DEVELOPMENT: Ordinance 123-O-04 - Special Use and Major Variation request for a Multi-Family Residential Use at 702-708 Greenleaf St. - Consideration of Ordinance 123-O-04 - special use and major variation request for a multi-family residential use at 702-708 Greenleaf St. Alderman Tisdahl reported that this item was held in committee. Ordinance 10-O-05 - Zoning Planned Development - 1228 Emerson St. - Consideration of the findings and report of the Plan Commission to rezone to R5 from O1 and grant a planned development for 50 condos with 87 parking spaces at a height limited to the R5 maximum of 50 feet or 5 stories. Alderman Tisdahl reported that this item was held in committee. 6 February 14, 2005 Ordinance 13-O-05 - Zoning Text Amendment Build to Lot Line - Consideration of the findings and report of the Plan Commission regarding amending the Zoning Ordinance build-to-lot-line provisions for B1, B2, B3, D2, D3 and D4 Business and Downtown districts. Alderman Tisdahl reported that this item was held in committee. Ordinance 9-O-05 - Zoning Map Amendment Rezone to B1 Current B2 Area Along Central St. between Marcy and Bennett (west most B2 area) - Consideration of the findings and report of the Plan Commission regarding amending the zoning map to rezone to B1 Business from the current B2 Business District area along Central St. roughly between Marcy and Bennett avenues (west most B2 area on Central). Alderman Tisdahl reported that this item was held in committee. Ordinance 12-O-05 - Special Use for a Type 2 Restaurant - 2485 Howard St. - Consideration of the recommendation of the ZBA to grant a Special Use for a Type 2 Restaurant (Kosher Chinese) inside the Jewel Food Store, 2485 Howard St. Alderman Tisdahl asked that Ordinance 12-O-05 be marked introduced. Alderman Rainey supported this special use and would ask for suspension of the rules to approve that evening; spoke about the lessor, Jewel who has had a chronic problem with cleanliness with space around their store. Driving down Howard eastbound, the parkway is embedded with litter. She saw no reason why a responsible shopkeeper would not have people there cleaning up because it makes a terrible statement about that shopping center. On the eastern side of the shopping center, where residential is located, it is clean. When the Jewel was talked to about this, they said it was not their job, but Targets job. According to Jewel, Target was responsible for cleaning everything beyond the sidewalk in front of their store. When they spoke to Target, it was not their fault. They are really trying and just hired a new cleaning crew. She wanted this special use to be amended to require Jewel to clean 250 feet. She had looked at this litter and everything she saw was from the Jewel. She reported there was a serious rodent problem behind the Jewel, which they responded to within the last six months. She wanted the applicant to require the Jewel to provide daily cleanups of that parkway to 50-feet within the west entrance. Assistant Corporation Counsel Ellen Szymanski said the applicant is the operator of a Type 2 concern and the owner, Albertsons, has consented to the filing of the special use. Her concern was that the applicant is not Jewel. She would have a concern about the nexus between the proposed amendment versus the relief sought and the applicant. Alderman Newman said on one hand they have a problem and on the other they want to suspend the rules. He suggested if they have a problem, they ought to have the owner come in and talk to Council. He pointed out it is procedurally unfair to put this type of condition in without notice to the applicant. When this type of condition is put in, the remedy other than the building code is that they have to revoke the special use, which has nothing to do with the operator of the Chinese restaurant. They have to make conditions that go with the user. He was sympathetic with having Jewel do what they should and would agree to hold it another two weeks and invite Jewel to come in. It made no sense to suspend the rules and put a condition on Jewel, which is not the applicant. He suggested they speak directly to Jewel. Alderman Rainey said that Property Standards cannot cite Jewel because the litter is on public property. They have tried to get Jewel to comply. There are grocery carts all over south Evanston; tried to get them to pick them up and they said it was not worth it. She said Jewel is arrogant when it comes to being a good neighbor. Alderman Bernstein said if they call upon the applicant to cleanup litter within 250 feet of the store that meant the applicant would share in the cleanup of common areas and maintenance costs. The applicant would have to work with the owner. They cannot impose a restriction on someone who is not before them. Alderman Rainey felt that the applicant should not be responsible for seven years of litter. She noted that there are litter plans everywhere and nobody honors them. Taxpayers pay for City employees to pick up Type 2 restaurants litter. 7 February 14, 2005 Alderman Rainey moved that the Rules be Suspended to adopt an ordinance introduced that evening. Seconded by Alderman Tisdahl. Motion carried. No nays. Alderman Tisdahl moved approval. Seconded by Alderman Rainey. Roll call. Voting aye Wynne, Bernstein, Moran, Tisdahl, Rainey, Newman, Jean-Baptiste. Voting nay none. Motion carried (7-0). HUMAN SERVICES COMMITTEE No report CALL OF THE WARDS: 3rd Ward. No report. 4th Ward. Alderman Bernstein announced a Civic Center Committee meeting for the purpose of a public hearing on Wednesday, February 16, at 7:00 p.m. 5thWard. No report. 6th Ward. Alderman Moran noted that Dave Williams served the City for a long time on the Recreation Board in the mid-1980s and was the U.S. Postmaster. He fell ill and passed away recently. He wanted to acknowledge his family and Mr. Williams contributions, which were stellar. He will be in his thoughts and prayers. 7th Ward. Alderman Tisdahl reported that her e-mail is down again. 8th Ward. Alderman Rainey reported people in the Custer/Clyde/Callan area are tough on crime. She said a resident reported seeing somebody coming out of a vacant unit. She called the police who picked up the person and filed criminal trespass charges. It was discovered that this individual has broken into many vacant units in south Evanston, a man in his 40s with 63 arrests on his record. Several residents went to court. She said it helps when people go to court. This woman gave her name and signed a complaint. This is his 64th arrest. The longest sentence he got was 30 days in jail. The states attorney said he is serving a lifetime sentence on the installment plan. He was sentenced to 120 days in jail so this man is off the street for at least 60 days. The judge took note of the neighbors presence. 9th Ward. No report. 1st Ward. Alderman Newman congratulated Jack Mortell on his 25 years of fire service to the City; hoped his letter would be responded to quickly. He commented on affordable housing; noted the City is committing $600,000 to Reba Place in HOME funds to convert 12 units of rental housing to condominiums with very affordable prices. This underscores how expensive it is to deal with affordable housing. This is 12 units out of 12,000 units. The ability of government to have a substantial impact on affordable housing is extremely limited. The other way suggested is to try and get the developers to build higher, with more bulk and more density. Virtually every project before the P&D Committee in the past year has been criticized for going too high, too dense and too much bulk. The ability of Evanston to have a substantial impact on affordable housing is limited and is unlikely to happen by granting more height, density and or bulk. The community will fight on this issue. 2nd Ward. Alderman Jean-Baptiste said when they have the opportunity to adopt an inclusionary housing ordinance he hoped they could take a stand. He recalled there was some intervention by the same people who are sponsoring this ordinance. The group said if the City wants affordable housing, a policy is needed. They need to make sure those who are building here follow the policy and need to implement it. He thought they were right to approve the $600,000 to the Reba Place Development Corporation. As they look west to efforts by the Evanston Community Development group and other groups that want to bring affordable housing to Evanston, he asked that they stay open minded. He knew that Reba Place Development Corporation has a great track record. If these groups lack expertise the City needs to partner them with organizations such as Reba Place Development Corporation. 8 February 14, 2005 Recently, he spoke with Chief Kaminski and told him about the technical difficulty with the ballot and that he may have to run for office as a write-in candidate and will run as a write-in candidate. Chief Kaminski told him they are doing well in the 2nd Ward. He reflected that people in the 2nd Ward are organized by neighborhood. Whether it is crime issues or traffic concerns, they have gone to court and sat down with families and youth. So, if the community has improved, it is due to the participation of neighbors. He thanked the chief for his evaluation and continued support. City Manager Carroll said the retired firefighter was given the appropriate paycheck the day she received the letter. There being no further business to come before Council, Mayor Morton adjourned the meeting at 10:02 p.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 Clerks office.