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HomeMy WebLinkAboutMINUTES-2013-03-11-2013city of Evanston CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, March 11, 2013 Roll Call: Alderman Tendam Alderman Braithwaite Alderman Rainey Alderman Wilson Alderman Fiske Alderman Holmes Absent: Aldermen Grover and Burrus, and Wynne Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 8:20 p.m. after a quorum was established with a Roll Call. Mayor Public Announcements: The Mayor had no announcements, but she informed the audience the whereabouts of Aldermen Grover, Burrus, and Wynne who are attending a conference in Washington, DC. City Manager Public Announcements: The City Manager had no announcements Communications: City Clerk: The City Clerk announced the early voting starting dates of March 25th through April 6 h. The last day to register for the April 9 h Elections is tomorrow, March 12th, but if you miss the registration period you can still register from March 13th to April 6th at the Skokie Court House or 69 W. Washington St. The only catch with that is you will have to vote at the same time you register. Early voting will be in room 2200 in the Lorraine H. Morton Civic Center, Monday — Saturday 9 am - 5 pm and Sunday 9 am — 3 pm (which includes Easter Sunday as well). Citizen Comment: Aqenda items: Margaret Tarr, 907 Sherman spoke against the consideration of Ordinance 26-0-13 allowing the location of the Indoor Recreation Facility establishment at 739 Main Street. She pointed out and played a short tape of the noise level she and the neighbors have to endure with Revolution Spin's noise level, and she wonders what will happen with the proposed establishment of the Indoor Recreation Facility. Non-Aqenda items: Gladys Bryer, 550 Sheridan Square spoke of her support of the Council's policy o use renewable energy which has so far save the citizens considerable money. She urges the Council to continue with the policy that will benefit all of Evanston. Junad Rizki, 2084 Sheridan spoke of his concerns for the water sales and what are the exact profits made on the water sold to Skokie and the Northwest Water Commission. He also stated that a yearly amount of 3 million dollars is taken from the Water Fund anc given to the General Fund. He suggested the City get an outside independent audit for March 11, 2013 Padma Rao, 2246 Sherman accused the 7t" ward Alderman of asking white people in the chamber to vote against her first amendment rights to speak during the February 25th Council meeting. She also submitted that the Mayor only disrupts minorities with darker skin. She also cited the Wine & Cheese bar, Veolia, Kendall, Holland & Knight and other issues that had been mentioned before. B.K. Rao, 2246 Sherman also spoke of the same issues her daughter spoke of earlier. She accused the Mayor and the Council acts unconstitutionally towards minority's right to speak without interruptions, and that they all need to obey by the Constitution. Carolyn Murray, 1930 Grey Ave. she presented gifts to Mayor Tisdahl and Alderman Holmes from her trip to Washington concerning gun reform. She spoke of shots fired once she returned from Washington. She also said that President Obama told her personally if she needed anything to contact him for his support. She also mentioned a total of $3,000.00 reward for the finding of the shooter of her son, and the 32 unsolved killings in Evanston. She suggested that Evanston would take the following policy into consideration: (1) Contact the family on the day of a shooting that results in death; (2) Follow-up with a thirty (30) day contact, (3) A three (3) month contact; (4) A six (6) month contact, and finally (5) An annual contact. Bonnie Wilson, Evanston Assessor reminded the taxpayers the time to appeal their tax assessment has been extended to Monday, March 22"a, and she urged them to call and make an appointment, or they can appeal online with the special program that the Cook County Assessors have with all of the property information. Nate Kipins, 9507 Central Park stated because Evanston has decided to go green all residents on a average have saved $264, and because of this the City is being branded for going green which in itself attracting other companies to locate in Evanston. Betty Ester, 2031 Church Street she thanked the individuals, who sponsored the Citizen Network on Protection Support event on March 3rd. She suggested the laws on the books should be enforced and to get -the guns off the streets and out of the hands of the youth. Items not approved on Consent Aqenda: (Al2)Ordinance 32-0-13, Creatinq a New "Brinq Your Own Bottle" Liquor License Classification Liquor Control Review Board .recommends creation of a new BYOB liquor license class. Ordinance 32-0-13 amends Section 3-4-6 of the City Code to create a BYO liquor license class. Ordinance 32-0-13 also amends City Code Sections 3-4-3 (Licenses), 3-4-14 (Age Restrictions; Identification Cards), and 3-4-19 (Alcohol Awareness Training) to include BYOB in those regulations. For Introduction (A14)Ordinance 9-0-13 Authorizinq Lease of Citv-Owned Propertv at 623-627% Howard Street to Peckish One, LLC Staff recommends approval of Ordinance 9-0-13, authorizing the City Manager to negotiate and execute a commercial lease with an option to purchase for City -owned real property located at 623-627Y2 Howard Street. This ordinance was introduced at the February 25, 2013 City Council meeting. Agenda Item A14 will be held over for consideration at the next regular City Council meeting on March 18, 2013. For Action 10 March 11, 2013 (P2)Ordinance 26-0-13 Grantinq a Special Use for Commercial Indoor Recreation Facilitv at 739 Main Street The Zoning Board of Appeals recommends adoption of Ordinance 26-0-13 granting a special use permit with conditions to mitigate the possible noise impact for a commercial indoor recreation facility at 739 Main Street, a vacant storefront, for a boxing studio. For Introduction (P3)Ordinance 4-0-13 Amendinq Portions of the Zoninq Ordinance Relating to Certain Leqal Non-Conforminq Residential Uses The Plan Commission and City staff recommend adoption of proposed Ordinance 4-0-13 amending the Zoning Ordinance to permit a process similar to the minor variance process be implemented for one to four -family residential legal nonconforming uses that allows the Zoning Administrator to determine if such nonconforming uses can be expanded by increasing the structures' bulk. For Introduction (P6)Ordinance 2-0-13 Amendinq the Text of the Zoninq Ordinance by Enactinq a New Section 6-15-17, "oHR Howard -Ridge Overlav District" City staff recommends consideration of Ordinance 2-0-13 that amends the Zoning Ordinance text to create a new overlay zoning district, which will require certain types of new retail uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard -Ridge TIF District. The Plan Commission does not recommend approval. This ordinance was introduced at the February 25, 2013 City Council meeting. Agenda Item P6 will be held over for consideration at the next regular City Council meeting on March 18, 2013. For Action (P7)Ordinance 3-0-13 Amendinq the Zoninq Map to Place Certain Properties Within the oHR Howard -Ridge Overlav District City staff recommends consideration of Ordinance 3-0-13 that amends the Zoning Map by placing properties in the Howard Ridge TIF District into the new overlay zoning district which will require certain types of new retail uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard -Ridge TIF District. The Plan Commission does not recommend approval. This ordinance was introduced at the February 25, 2013 City Council meeting. Agenda Item P7 will be held over for consideration at the next regular City Council meeting on March 18, 2013. For Action (01)Resolution 1-R-13 Authorizing the Citv Manaqer to Neqotiate a TIF Construction Grant Aqreement with Peckish One LLC for 623-627% Howard Street The Economic Development Committee and staff recommend City Council approval of Resolution 1-R-13, authorizing i the City Manager to negotiate a TIF Construction Grant Agreement with Peckish One, LLC for improvements to City Property located at 623-627 '/2 Howard Street for an amount not to exceed $200,000. Agenda Item 01 will be held over for consideration at the next regular City Council meeting on March 18, 2013. For Action 3 March 11, 2013 CONSENT AGENDA (M1)Approval of Minutes of the Regular City Council Meeting of February 25, 2013 ADMINISTRATION & PUBLIC WORKS COMMITTEE (Al)City of Evanston Payroll through 2/24/13 $2,702,758.10 (A2)City of Evanston Bills FY2013 3/12/13 $2,772,227.99 Credit Card Activity — Period End January 31, 2013 $ 96,188.50 (A3.1)Approval of Aqreement with dbHMS for Professional Consultinq Services for the 2013 HVAC Improvement Proiect (RFP 13-03) Staff recommends that City Council authorize the City Manager to execute a contract for professional consulting services for the 2013 HVAC Improvement Project to dbHMS (303 W. Erie, Suite 510, Chicago, IL) at a total cost of $72,804. Funding is provided by the Capital Improvement Program: Account 416144 for Police/Fire Headquarters; Account 415602 for Levy Center; and Account 415697 for Fleetwood-Jourdain Center. For Action (A3.2) Approval of Estimated Annual User Charqe for 2013 with the Metropolitan Water Reclamation District of Greater Chicaqo for Disposal of Sludae Staff recommends City Council approval of the Estimated Annual User Charge for 2013 with the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) for disposal of sludge generated as part of the water treatment process in the amount of $343,732.27. Funding for this work will be from the Water Fund, Account 7110.62420. For Action (A3.3)Approval of Northeastern Illinois Public Safetv Traininq Academv 2013 Membership Dues Staff recommends approval of payment for the 2013 Fire and Public Works membership fee to Northeastern Illinois Public Safety Training Academy (NIPSTA) in the amount of $25,042. Funding is provided by the Fire Department Account 2305.62360 for both the Fire and Public Works Departments. The membership fee has not increased since 2011. For Action (A3.4)Approval of Contract Award to Mullin & Lonergan Associates for the Analvsis of Impediments to Fair Housinq Choice (RFP 12-170) Staff recommends that City Council authorize the City Manager to execute a contract for the Analysis of Impediments to Fair Housing Choice (AI) to Mullin & Lonergan Associates (800 Vinial Street, Suite B414, Pittsburgh, PA), in the amount of $24,990. Funding is provided by CDBG Administration Account 5220.62490 and NSP2 Administration Account 5005.62490 in the amounts -of $12,495 each. Analysis of impediments is required by HUD for CDBG, HOME and NSP2 grant funding. For Action S March 11, 2013 (A3.5)Approval of Three (3) Replacement Vehicle Purchases for Utilities Department Staff recommends City Council approval for the purchase of three (3) replacement vehicles for the Utilities Department in the total amount of $529,558.08 as follows: Ford F-550 truck from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $76,381.08; International Harvester (I.H.) 4700 from Prairie Archway International (401 S. Dirksen Parkway, Springfield, IL) in the amount of $124,177; and 'I.H. 7400 from Standard Equipment Company (2033 W. Walnut Street, Chicago, IL) in the amount of $329, 000. Funding is provided by Water and Sewer Fund Accounts. For Action (A3.6)Approval of Renewal of Annual Accela (PAL) Sole Source Maintenance and Support Aqreement Staff recommends that City Council authorize the City Manager to renew the sole source agreement with Accela Inc. (2633 Camino Ramon, San Ramon, CA) for the City's Accela automation software system (PAL — Permits and Licensing), in the amount of $128,000, a 2.2% decrease from the 2012 cost. This agreement covers the period March 15, 2013 through March 14, 2014. Funding is provided by the Computer Licensing and Support Account 1932.62340. For Action (A3.7)Aoproval of Renewal of Buildinq Automation Service Aqreement with Schneider Electric for 2013 Staff recommends that City Council authorize the City Manager to execute a one-year renewal of the service agreement for the Schneider Building Automation System (BAS) at eight City facilities with Schneider Electric (formerly ITG Solutions) (17475 Palmer Blvd, Homewood, IL) in in the amount of $23,640 for FY 2013. This price reflects no increase from FY 2012 to FY 2013. Funding is provided by Facilities Management Account 3807.62509 For Action (A3.8)Approval of Renewal of Buildinq Automation Service Aqreement with Siemens for 2013 Staff recommends that City Council authorize the City Manager to execute a one-year renewal of the 2013 sole source annual service agreement for the Building Automation System (BAS) at the Police Headquarters/911 Center with Siemens Building Technologies, Inc., (585 Slawin Ct., Mount Prospect, IL). Funding is provided by Facilities Management Account 3807.62225 and E911 Center Account 5150.62509 for a total cost of $25,022. For Action (A4)Approval of Chanqe Order #1 for the 2012 Washroom Renovation Project at Lorraine H. Morton Civic Center (Bid 12-137) Staff recommends approval of change order #1 in the amount of $59,262 for the 2012 Washrooms Renovation Project at the Lorraine H. Morton Civic Center (LHMCC). This change order will increase the current contract amount from $284,880 to $344,142. Funding is provided by 2013 CIP account #415175 with a budget of $415,000. For Action 5 March 11, 2013 (A5)Acceptance of Year -End Financial Report for Fiscal Year 2012 Staff recommends City Council accept and place the Year -End FY2012 Financial Report on file. For Action (A6)Approval of Contract with Evanston Police Serqeants Association Staff recommends that the City .Council authorize the City Manager to execute and negotiate any additional terms for a collective bargaining agreement with the Evanston Police Sergeants Association (the "Sergeants Union") affiliated with Illinois Fraternal Order of Police Labor Council effective January 1, 2013 through December 31, 2013. City Council approval will ratify the tentative agreement reached between the parties throughout the negotiation process. For Action (A7)Resolution 16-R-13 Amendinq the Plan of Operation and Governance for the Citv of Evanston Electricitv Aqqreqation Proqram Staff recommends adoption of Resolution 16-R-13 amending the Plan of Operation and Governance for the City of Evanston Electricity Aggregation Program, which will allow greater flexibility in obtaining prices in order to get the best prices for Evanston residents. For Action (A8)Resolution 14-R-13 Authorizinq the Citv Manaqer to Siqn a Notification and Conditions of Grant Award to Fund the Lonq Term Care Ombudsman Proqram Staff recommends City Council approval of Resolution 14-R-13 authorizing the City Manager to sign notification of grant awards in the amount of $27,960 to fund and operate the Long Term Care Ombudsman Program for the City of Evanston. For Action (A9)Resolution 17-R-13 Authorizinq Apartment Lease Renewal for 1223 Simpson Street Staff recommends approval of Resolution 17-R-13, authorizing the City Manager to execute a lease between the City of Evanston and Norma and Nolan Robinson for the apartment located at 1223 Simpson Street. For Action (A10)Ordinance 29-0-13, Permittinq Issuance of a Class B Liquor License to Fercas, LLC d/b/a La Macchina Cafe Staff recommends City Council adoption of Ordinance 29-0-13, which amends Subsection 3-4-6-(B) of the City Code to increase the number of authorized Class B liquor licenses to eighteen (18), and thereby permit issuance of a liquor license to Fercas, LLC, d/b/a La Macchina Cafe, 1620 Orrington Ave. For Introduction 1.1 March 11, 2013 (All)Ordinance 30-0-13, Permittinq Issuance of a Class C Liquor License to Coast Central Corporation Staff recommends City Council adoption of Ordinance 30-0-13, which amends Subsection 3-4-6-(C) of the Evanston City Code to increase the number of authorized Class C liquor licenses to thirty (30), and thereby permit issuance to Coast Central Corporation d/b/a Coast Sushi Central, 2545 Prairie Ave. For Introduction (A13)0rdinance 34-0-13 Amendinq the Citv Code Relatinq to Parkinq on the East Side of McDaniel Avenue The Transportation/Parking Committee and staff recommend that City Council consider Ordinance 34-0-13 amending Title 10, Motor Vehicles and Traffic, Residents Parking Only Districts, adding District 16, the east side of McDaniel (1315 — 1341) from Dempster Street to Greenwood Street to 24 hour daily, seven days a week. For Introduction (A15)0rdinance 23-0-13 Amendinq the Citv Code Relatinq to Parkinq on Harrison Street The Transportation/Parking Committee and staff recommend) that City Council adopt Ordinance 23-0-13 amending Title 10, Motor Vehicles and Traffic, restricting parking on the south side of Harrison from Green Bay Road west to the first north -south alley. This ordinance was introduced at the February 25, 2013 City Council meeting. For Action (A16)0rdinance 24-0-13 Amendinq the Citv Code Relatinq to Parkinq on Harrison Street, Eastwood Avenue and Davis Street The Transportation/Parking Committee and staff recommend that City Council adopt Ordinance 24-0-13 amending Title 10, Motor Vehicles and Traffic, adding Residents Parking Only District 6 on Harrison Street and Eastwood Avenue and removing Residents Only Parking District 5 on Davis Street. This ordinance was introduced at the February 25, 2013 City Council meeting. For Action (A17)0rdinance 25-0-13 Amendinq the Class Y Liquor License Staff recommends City Council adoption of Ordinance 25-0-13, which if adopted will amend the Class Y liquor license to permit the sale of alcoholic liquor, i.e., spirits, wine, and unrefrigerated beer for off premises consumption. This ordinance was introduced at the February 25, 2013 City Council meeting. For Action PLANNING AND DEVELOPMENT (P1)Resolution 11-R-13 Authorizinq the Law Firm of Winston & Strawn, LLP to Represent the Citv as Amicus Curiae in the Case of Albert C. Hanna and Carol C. Mrowka v. City of Chicago, et al. No. 1-07-3548 (First Dist. III App. Ct) The Evanston Preservation Commission and City staff recommend City Council adoption of Resolution 11-R-13 authorizing the Law Firm of Winston & Strawn, LLP to represent the City of Evanston at no cost as Amicus Curiae in the case of Albert C. Hanna and Carol C. Mrowka v. City of Chicago, et al., in support of the City of Chicago's Landmarks Ordinance. For Action 7 March 11, 2013 (P4)Ordinance 33-0-13, Amendment to Special Use for Tennis Scoreboards at 2250 Sheridan Road City staff recommends the adoption of Ordinance 33-0-13, amending special use Ordinance 120-0-12 adopted November 12, 2012 for tennis scoreboards at 2250 Sheridan Road to permit an increase in size to the end signs located on the large scoreboard. The new proposal should not increase the view of the scoreboard from Sheridan Road. For Introduction (P5)Ordinance 22-0-13 Grantinq Maior Zoninq Relief to Eliminate Required Off - Street Parkinq at 1615 Oak Avenue City staff recommends the adoption of Ordinance 22-0-13 granting major zoning relief to convert seven required off-street parking spaces into an outdoor seating area and bicycle parking at Smylie Brothers Restaurant & Brewery for a total of zero off-street parking spaces. This ordinance was introduced at the February 25, 2013 City Council meeting. For Action HUMAN SERVICES (H1)Approval of Township of Evanston February 2013 Bills Township of Evanston Supervisor recommends the City Council to approve the Township of Evanston bills, payroll, and medical payments for the month of February 2013 in the amount of $242,564.35 For Action (H2)Ordinance 28-0-13, Amendinq Terms of Americans with Disabilities Act (ADA) Board Members Human Services Committee and staff recommend City Council adoption of Ordinance 28- 0-13, which amends the Evanston City Code of 2012, as amended, assigning a four year term of service for Americans with Disabilities Act (ADA) Advisory Board members and permitting the mayor to reappoint members to a second term. For Introduction (1-13)Approval of Ten Thousand Ripples Public Art/Peace Protect Human Services Committee and Public Art Committee members recommend City Council approval of Ten Thousand Ripples, a public art/peace project organized by Evanston artist Indira Freitas Johnson in conjunction with the nonprofit organization Changing Worlds. No City funding will be utilized for this project. For Action Alderman Rainey motioned for the approval of the Consent Agenda and it was seconded, and with a Roll Call vote of 9-0 the Consent Agenda was approved. Items for discussion: (Al2)Ordinance 32-0-13, Creating a New "Bring Your Own Bottle" Liquor License Classification Liquor Control Review Board recommends creation of a new BYOB liquor license class. Ordinance 32-0-13 amends Section 3-4-6 of the City Code to create a BYO liquor license class. Ordinance 32-0-13 also amends City Code Sections 3-4-3 (Licenses), 3-4-14 (Age 8 March 11, 2013 Restrictions; Identification Cards), and 3-4-19 (Alcohol Awareness Training) to include BYOB in those regulations. For Introduction Alderman Holmes stated the item was to be held in committee. (A14)Ordinance 9-0-13 Authorizina Lease of Citv-Owned Property at 623-627'/z Howard Street to Peckish One, LLC Staff recommends approval of Ordinance 9-0-13, authorizing the City Manager to negotiate and execute a commercial lease with an option to purchase for City -owned real property located at 623-627Y2 Howard Street. This ordinance was introduced at the February 25, 2013 City Council meeting. . Agenda Item A14 will be held over for consideration at the next regular City Council meeting on March 18, 2013, For Action Alderman Holmes stated this item would be held in committee until March 18tn (P2)Ordinance 26-0-13 Grantinq a Special Use for Commercial Indoor Recreation Facilitv at 739 Main Street The Zoning Board of Appeals recommends adoption of Ordinance 26-0-13 granting a special use permit with conditions to mitigate the possible noise impact for a commercial indoor recreation facility at 739 Main Street, a vacant storefront, for a boxing studio. For Introduction Alderman Fiske recommended introduction and with a unanimous voice vote it was introduced. Alderman Wilson moved to suspend the rules and bring back to Council on March 18t" for action. A 6-0 Roll Call vote approved the motion. Alderman Wilson then moved to suspend the rules on all the remaining items up for introduction, to come back on March 18th for action to be taken. A Roll Call of 6-0 approved the motion. (P3)Ordinance 4-0-13 Amendinq Portions of the Zoninq Ordinance Relatina to Certain Leqal Non-Conforminq Residential Uses The Plan Commission and City staff recommend adoption of proposed Ordinance 4-0-13 amending the Zoning Ordinance to permit a process similar to the minor variance process be implemented for one to four -family residential legal nonconforming, uses that allows the Zoning Administrator to determine if such nonconforming uses can be expanded by increasing the structures' bulk. For Introduction Alderman Fiske recommended to send this item back to staff. (P6)Ordinance 2-0-13 Amendinq the Text of the Zoninq Ordinance by Enactinq a New Section 6-15-17, "oHR Howard -Ridge Overlav District" City staff recommends consideration of Ordinance 2-0-13= that amends the Zoning Ordinance text to create a new overlay zoning district, which will require certain types of new retail uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard -Ridge TIF District. The Plan Commission does not recommend approval. This ordinance was introduced at the February 25, 2013 City Council meeting. Agenda Item P6 will be held over for corsideration at the next regular City Council meeting on March 18, 2013. For Action WO March 11, 2013 (P7)Ordinance 3-0-13 Amending the Zoning Map to Place Certain Properties Within the oHR Howard -Ridge Overlav District City staff recommends consideration of Ordinance 3-0-13 that amends the Zoning Map by placing properties in the Howard .Ridge TIF District into the new overlay zoning district which will require certain types of new retail uses such as hair salons, nail salons, beauty shops, and barber shops, to operate only by Special Use in the Howard -Ridge TIF District. The Plan Commission does not recommend approval. This ordinance was introduced at the February 25, 2013 City Council meeting. Agenda Item P7 will be held over for consideration at the next regular City Council meeting on March 18, 2013. For Action (01)Resolution 1-R-13 Authorizinq the Citv Manager to Neqotiate a TIF Construction Grant Agreement with Peckish One LLC for 623-627'/z Howard Street The Economic Development Committee and staff recommend City Council approval of Resolution 1-R-13, authorizing the City Manager to negotiate a TIF Construction Grant Agreement with Peckish One, LLC for improvements to City Property located at 623-627 Y2 Howard Street for an amount not to exceed $200,000. Agenda Item 01 will be held over for consideration at the next regular City Council meeting on March 18, 2013. For Action Call of the Wards: Ward 6 Alderman Tendam had no report. Ward 8 Alderman Rainey had no report, but made a reference to the legal department to confirm the management of reasons for suspending the rules. Ward 1 Alderman Fiske thanked everyone for coming to her ward meeting in the snow, where they had a lively discussion with staff's input also. She stated the dog beach issue has been closed and a report will be given later to all who participated. Ward 2 Alderman Braithwaite stated on March 14t" will be his regular ward meeting starting at 7 pm. Ward 4 Alderman Wilson had no report. Ward 5 Alderman Holmes stated the regular ward meeting is on March 21st and the Candidates for District 65 and 202 will be in attendance as well as the Candidates for the Township Supervisor. She also wanted to make a reference to the Police Department to look into a policy similar to the one Ms. Carolyn Murray had suggested. Alderman Wilson motioned for adjournment to go into Executive Session to discuss Personnel, Real Estate, Litigation and Minutes with a unanimous Voice Vote the Regular meeting of the City Council ended at 9:20 pm. Submitted by, Hon. Rodney Greene, CMC City Clerk 10