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HomeMy WebLinkAboutMINUTES-2010-11-22-2010�� OF EV� �O kcQ 1 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, November 22, 2010 Roll Call Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Jean -Baptiste Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular City Council meeting to order at 8:59 P.M. Mayor Public Announcements The Mayor thanked Lenny of Pallinos for pointing out a problem with the liquor code in Ordinance 59-0-10 concerning the Liquor License Classifications. Mayor Proclamations The Mayor made the following proclamations: 1) Employee Learning Week— December 6-10, 2010 2) National Drunk anc Drugged Driving (31)) Prevention Month —December 2010 City Manager Public Announcements and Presentations Ms. Suzette Robinson, Director of Public Works gave a presentation on the Holiday Trash Collections, as well as the Reminder of Snow Parking Restrictions. She also gave a power -point presentation on the changes in waste and recycling collection. The Holiday Tree Lighting Ceremony — November 23, 2010 was announced by Ms. Carolyn DeLutry, Asst. Executive Director of Downtown Evanston. She also mentioned the related events connected with the day, as well as a ribbon cutting at 820 Davis Street on December 1, 2010 at 9:00 am. Mr. Doug Gaynor, Director of Parks, Recreation and Community Services gave an announcement concerning the 337d Annual Nutcracker on Ice — December 10-12, 2010 being performed by many of the skaters in the skating program. He also introduced Ms. Audrey Thompson the new Senior Ombudsman. Communications: City Clerk There were no communications. Citizen Comment: Larry Biondi, 2040 Brown Ave. spoke on the elimination of the Inclusion Specialist and how it is a big mistake. He stated he did not believe those who will take over the position will not be able to perform as well as the former employee. He stated the Council is failing the ADA community as well as himself. City Council Agenda November 22, 2010 Page 2 of 10 Mary Rose, 820 Davis St. stated she works for Metropolitan Family Services for twenty years. She spoke on the truancy ordinance as being another tool to assist in the fight of the underlying problems of truancy in the homes. Jerry Callaghan, 311 S. Wacker Dr., Chicago stated he was here representing VEOLIA to speak against the Ordinance 82-0-10 and how unfair it is by singling them out by placing a fee on their services. He stated he would be around to answer any questions. Madelyn DuCre, 1929 Foster Street, spoke against the truancy ordinance being proposed by the Council. She wanted the Council to discuss the issues openly of how this will help to provide a more effectual response to the needs of the children, and will improve the lives of the students and families in the community. The following persons spoke concerning the trees: Leigh McIssac, she urged the Council to keep the Forestry workers, the tree inoculation program and the tree planting program in tacked. Virginia Mann, 3004 Normandy stated her and her neighbors have been injecting the trees on their block with their own funds. She urged the Council to keep the injection program, and to inject all trees. Public Hearing: Truth in Taxation Hearing for the 2010 Property Tax Levy for the City of Evanston and the Township of Evanston. This presentation was given by Mr. Marty Lyons, Assistant City Manager/Treasurer stated the Notice announcing the public hearing was placed in the Evanston Review on November 11, 2010. He reported on the following items: 1. The Tax Levy Ordinance 94-0-10 was for the Police and Fire Pensions from the General Fund in the amount $30,452,282.00 (excluding debt service), last years increase amount was $1,017, 981.00. Fire Pension amount is $6,180,855.00, and the Police Pension amount is $7,588,132.00 based on the 2009 actuarials. 2. Tax Levy Ordinance 95-0-10 Evanston Township & General Assistance in the amount of $311, 019.00 (same as last year); $1,038,477.00 General Assistance (same as last year) totaling $1,249,796.00. 3. Tax Levy Ordinance 93-0-10 Special Service Area #4 in the amount of $395,918.00 (for Downtown Evanston). City Manager, Mr. Bobkiewicz stated these items will appear later on the agenda and he offered the public attendees the opportunity to speak on the presentation. Mayor Tisdahl asked if anyone wanted to speak. Betty Ester, 2130 Church Street suggested to have all of the tax levies combined in the same package so that the community will know exactly what we are spending money on. She also wanted an explanation of the Special Service Area #5. Answer: Mr. Lyons stated this was the area adopted on June, 27, 1994 which is a part of the Downtown District. Alderman Jean -Baptiste motioned to close the Public Hearing portion of the session, and Alderman Wynne seconded the motion. Roll Call resulted in a 9-0 vote in favor of closing the Public Hearing. CONSENT AGENDA (Ml) Approval of Minutes of the Regular City Council Meeting of November 8, 2010 1 1 7/27/2011 3:09 PM City Council Agenda November 22, 2010 Page 3 of 10 ADMINISTRATION & PUBLIC WORKS (Al) City of Evanston Payroll through 11/7/10 $2,268,448.88 (A2) City of Evanston Bills through 11/23/10 $3,938,089.79 City of Evanston Credit Card Bills through 09/30/10 $ 87,844.00 (A3.1)Approval of Field Reporting Software Purchase for Evanston Police Department Staff recommends approval of the sole source purchase of Field Reporting software in the amount of $92,568.00 from SunGard Public Sector, Inc., (1000 Business Center Drive, Lake Mary, FL). Funding provided by the Emergency Telephone System budget, account 5150.65625 Service Agreements/Contracts (CIP Project #415735). For Action (A3.2)Approval of Contract Extension to Purchase Furniture for FY2011 from OEC Business Interiors Staff recommends approval of a one year contract extension to OEC Business Interiors Inc. (900 N. Church Road, Elmhurst, IL), to purchase furniture. Funding for this purchase will be provided by CIP account 415726 and/or a business unit of a requesting department. OEC will hold to their 2007 pricing discount schedules. For Action (A3.3)Avvroval of Illinois Green Infrastructure Grant Program Application for Civic Center Parking Lot Improvements Staff recommends authorization for the City Manager to sign the organization certification for the Illinois Green Infrastructure Program Grant Application for the Civic Center Parking Lot Project. The estimated total cost of improvements is $415,000, including Illinois Environmental Protection Agency (IEPA) Grant funding of $225,000 and Capital Improvement Program (CIP) funding of $190,000. For Action (A3.4)Approval of Authorization to Access Line Of Credit of $10 Million Staff recommends that City Council authorize the City Manager to sign an agreement with Chase Bank to have access to a Line Of Credit up to an amount of $10M. The State of Illinois and the County of Cook are projected to be delinquent in revenue distributions by up to three months more than in previous years. This will have a negative impact on cash flow needed for daily operations. This line of credit will only be drawn upon in the event of these intergovernmental revenues being late as described above. For Action (A6)Resolution 59-R-10 Authorizing the Citv Manager to execute Amendment 2 to the Citv's Natural Gas Supply Agreement with CenterPoint Energv Services, Inc. Staff recommends adoption of Resolution 59-R-10, authorizing the City Manager to execute Amendment 2 to the City's Natural Gas Supply Agreement with CenterPoint Energy Services, Inc. The NGI index price changes hourly, but currently the price is generally around or under $0.40 per therm. To ensure that the City is protected in the event that the index price begins to escalate, we are recommending that the City Manager be authorized 7/27/2011 3:09 PM City Council Agenda November 22, 2010 Page 4 of 10 to lock into a fixed price per therm when the index price is in the range of $0.50 to $0.52 per therm, which will also require locking into a fixed monthly quantity. For Action (A8)Resolution 62-R-10 Support for Safe Routes to School Program Staff recommends the approval of proposed Resolution 62-R-10 by which the City Council supports the joint initiative of the City and School District 65's Safe Routes to School program for a grant application to the Illinois Department of Transportation (IDOT). Up to $250,000 is available from IDOT's Safe Route to School Program which is reimbursable to the City for infrastructure improvements in the public way. For Action (A9)Resolution 63-R-10 Authorizing Service Center Apartment Lease Agreement Staff recommends City Council approve Resolution 63-R-10 authorizing the lease of the one bedroom apartment on the second floor of the Service Center, 2020 Asbury Avenue, to Mr. Stephen Griffin, Community and Economic Development Director, from November 28, 2010 through November 28, 2011. For Action (A10)Resolution 64-R-10: Authorizing the City Manager to Negotiate and Execute a Contract for the Purchase of Real Property Located at 727-29 Howard Street, Evanston„ Illinois Staff recommends approval of Resolution 64-R-10 authorizing the City Manager to negotiate and execute a contract for the purchase of real property located at 727-729 Howard Street in Evanston, Illinois for an amount not to exceed $325,000. The source of funding for this acquisition is the Howard -Ridge Tax Increment Financing (TIF) District. For fiscal year 2011, a balance of approximately $1.2 million is estimated for this TIF district. For Action (All)Resolution 65-R-10: Authorizing the City Manager to Negotiate and Execute a Contract for the Purchase of Real Property Located at 629-31 Howard Street, Evanston, Illinois Staff recommends approval of Resolution 65-R-10 authorizing the City Manager to negotiate and execute a contract for the purchase of real property located at 629-631 Howard Street in Evanston, Illinois for an amount not to exceed $237,650. The source of funding for this acquisition is the Howard -Ridge Tax Increment Financing (TIF) District. For fiscal year 2011, a balance of approximately $1.2 million is estimated for this TIF district. For Action (A13)Ordinance 88-0-10 Amending City Code Subsection 4-12-6-(S) to Remove Time Restrictions on Political or Campaign Signs The Illinois General Assembly adopted HB 3785, which, effective January 1, 2011, will amend 65 ILCS 11-13-1-(12) to prohibit municipalities, including home rule entities such as the City of Evanston, from placing time restrictions on outdoor political campaign signs on residential property. Ordinance 88-0-10 will ensure the City Code complies with the new statute. For Introduction 7/27/2011 3:09 PM City Council Agenda November 22, 2010 Page 5 of 10 (A14)Ordinance 94-0-10: 2010 City of Evanston Tax Levy Staff requests consideration of Tax Levy Ordinance 94-0-10 which levies the annual property tax for General Fund Operations, Police and Fire Pensions. For Introduction (A15)Ordinance 93-0-10: 2010 Special Service Area #4 Tax Levy Staff requests consideration of Tax Levy Ordinance 93-0-10 which levies the annual property tax for Special Service Area #4. For Introduction (A18)Ordinance 80-0-10 Amending 3-2-17-2 "Tax Imposed (Motor Fuel Tax)" Staff recommends adoption of proposed Ordinance 80-0-10, which increases the tax imposed on the purchase of motor fuel from three cents ($.03) to four ($.04) cents per gallon. This Ordinance was introduced at the November 8, 2010 City Council meeting. For Action (A19)Ordinance 81-0-10 Amending 3-2-9-9-2 "Municipal Utility Tax" Staff recommends adoption of proposed Ordinance 81-0-10, which increases the tax imposed on electricity consumption to mirror the rates promulgated by the Illinois Municipal Code (specifically 65 ILCS 8-11-2). The proposed average increase in electricity utility rates for most residential and business customers is approximately 6.66%. This Ordinance was introduced at the November 8, 2010 City Council meeting. For Action (A21)Ordinance 87-0-10 Amending Title 7, "Public Ways", Chapter 2, Section 5 of the City Code to Increase the Right-Of-Wav Permit Fees Staff recommends adoption of proposed Ordinance 87-0-10 by which the City Council would amend Section 7-2-5-3 of the City Code to increase the fees for the obstruction of the public Right -of -Way (ROW). The ROW obstruction permit fee was last increased in February, 2007. This Ordinance was introduced at the November 8, 2010 City Council meeting. For Action PLANNING & DEVELOPMENT (P2)Ordinance 91-0-10 Granting a Special Use for a Type 2 Restaurant at 1307 i4 Chicago Avenue in the Bl Business Zoning District The Zoning Board of Appeals and staff recommend the adoption of ordinance 91-0-10, granting a special use permit for the operation of a type 2 restaurant at 1307 %2 Chicago Avenue. For Introduction 1 7/27/2011 3:09 PM City Council Agenda November 22, 2010 Page 6 of 10 HUMAN SERVICES (Hl)Ordinance 51-0-10, Amending Title 9, Chapter 6 of the Citv Code to create the Community Accountability Truancv Program Staff submits for consideration Ordinance 51-0-10 which establishes a Community Accountability Truancy Program. The program provides penalties for chronic truancy and is intended to provide a more effective response to the needs of truants and consequently improve the lives and productivity of youth, families and, ultimately, the community. This Ordinance was introduced at the November 8, 2010 City Council meeting. For Action (H2)Ordinance 85-0-10 amending Various Sections of Title 9, "Public Safetv," Chapter 4, "Dogs, Cats, Animals, and Fowl," of the Citv Code Staff submits for consideration Ordinance 85-0-10 amending various sections of Title 9, "Public Safety," Chapter 4, "Dogs, Cats, Animals, and Fowl," of the City Code. This ordinance further amends Ordinance 23-0-10, which placed a limit of 20 licensed coops in the City. At the October 25 City Council meeting, Ordinance 85-0-10 was referred back to Human Services Committee for further consideration of a proposed amendment limiting the number of coops per ward, which was not recommended by Human Services on November 3, 2010. Ordinance 85-0-10 now includes language clarifying that only establishments that are licensed to slaughter animals may do so. This Ordinance was introduced at the November 8, 2010 City Council meeting. For Action OTHER COMMITTEES (01)Resolution 66-R-10: Endorsing Ward Manufacturing Companv's Application to Cook County Assessor for 6b Status for New Construction at 2222 Main Street The Economic Development Committee recommends to the City Council the passage of a resolution in support of Ward Manufacturing Company's ("Ward") efforts to obtain Class 6b classification from the Cook County Assessor for an industrial property located at 2222 Main Street. Upon reviewing Ward's application for Class 6b, legal counsel for Ward requested that a second resolution be passed that explicitly endorses Class 6b as it relates to any new construction at 2222 Main Street. Resolution 66-R-10 will ensure that all property improvements will receive the benefits of reduced assessment through Class 6b. For Action APPOINTMENTS For Appointment to: Electrical Commission Brian Lamberg Plan Commission Patricia Ledesma Liebana Alderman Rainey motioned for approval of the Consent Agenda and Alderman Jean -Baptiste seconded. A Roll Call was made with a 9-0 vote for approval and the motion passed.. 7/27/2011 3:09 PM City Council Agenda November 22, 2010 Page 7 of 10 Items not approved on Consent Agenda: (A4)Approval of Agreement with Northwestern University Regarding the Sheridan Road Traffic Signal at Northwestern University Entrance, South of Garrett Place Staff recommends City Council authorize the City Manager to enter into an agreement with Northwestern University for the design, construction and funding of the proposed Sheridan Road traffic signal at the Northwestern University entrance south of Garrett Place. All costs associated with the design and construction of the proposed traffic signal will be reimbursed by Northwestern University. This item was held in Committee on November 8, 2010. For Action Alderman Jean -Baptiste motioned for approval and seconded by Alderman Wynne. Alderman Fiske spoke on the payment from Northwestern University for this light and she stated she felt a proper discussion was not performed and she wants a committee formed to discuss the safety in the issues under the guise of the Department of Public Works Alderman Wilson stated he was comfortable that his intensions were met in the process and he did not think the formation of a committee was necessary and he can go forward with the recommendation of staff. A Roll Call was performed with the result of 7-1 and one pass. The motion passed. (Alderman Fiske voted nay & Alderman Burrus passed). (A5)Resolution 60-R-10 Regarding Northwestern University Utility Easement on Sheridan Road Staff recommends that City Council adopt the Resolution 60-R-10 to grant a utility easement to Northwestern University in order to cross Sheridan Road approximately two hundred and fifty (250') feet east of Chicago Avenue to accommodate future Northwestern University utilities. The easement will be granted for a 25- year period. No City funding is required for these utility crossings. Northwestern University will fund the project and will be assessed an initial annual utility easement fee of $1,102.50 which equals $.50 per square foot for 2205 square feet. This fee will escalate by 2.5% per year for the 25 year period. For Action Alderman Jean -Baptiste motioned for approval with a second from Alderman Holmes. Roll Call resulted in a 8-0 in favor with one pass, and the motion passes. (A7)Resolution 61-R-10: Approval of the FY2011 Budget of the City of Evanston RESOLUTION WILL BE PRESENTED AT THE CITY COUNCIL MEETING ON MONDA Y, NO VEMBER 22, 20.10. For Action Alderman Jean -Baptiste motioned to approve and it was seconded by Alderman Wilson. Alderman Wynne motioned an amendment to the budget by taking funds from the City Manager's contingency fund to fund the Elm Tree Inoculation Program and it was seconded by Alderman Tendam. Alderman Rainey asked about the $398,000.00 in reserve was. City Manager Bobkiewicz stated that was monies put back into the budget after reinstating the cuts from the budget Council wanted back. In response to Alderman Grover's question about injections was responded by Mr. Gaynor. He stated the manufacturer suggested not to inject trees smaller than ten inches because it damages the growth and life of the tree. Alderman Wynne motioned to amend her original motion to state the injection of all Elm trees above ten inches to have allocated funding from the City Manager's contingency fund, and then have a report from staff 7/27/2011 3:09 PM City Council Agenda November 22, 2010 Page 8 of 10 later concerning the schedule of inoculations. Roll Call vote resulted in a 6-3 vote for approval (Aldermen Grover, Burrus & Wilson voted nay). Alderman Jean -Baptiste motioned to approve the budget with the amendment and was seconded by Alderman Wynne. Roll Call vote was 7-2 (Aldermen Burrus & Jean -Baptiste voted nay), the budget passed. (Al2)Ordinance 59-0-10, Amending Portions of Section 3-5-8 of the Citv Code to Permit Certain Changes in Liquor License Classifications On October 28, 2010, the Liquor Control Review Board convened a hearing to consider Ordinance 59-0-10, which would permit liquor licensees for hotels and restaurants to request changes in license type without submitting entirely new license applications, thereby avoiding time-consuming fingerprint checks and redundant paperwork. Local Liquor Commissioner recommends that the City Council introduce and suspend the rules in order to adopt Ordinance 59-0-10 on November 22, 2010. For Introduction and Action Alderman Jean -Baptiste motioned to suspend the rules and was seconded by Alderman Wynne. Roll Call was 9-0 rules were suspended. Alderman Jean -Baptiste motioned for adoption and seconded by Alderman Wynne. Roll Call vote was 9-0 motion passes. (A16) Ordinance 95-0-10: 2010 Evanston Township Tax Levv Staff requests consideration of Tax Levy Ordinance 95-0-10 which levies the annual property tax for the Evanston Township. For Introduction Alderman Jean -Baptiste motioned for adoption and seconded by Alderman Holmes. Roll Call resulted in a 7-2 vote for adoption (Aldermen Rainey & Burrus voted nay), the motion passed. (A17)Ordinance 36-0-10 to Establish a Sheridan Road Traffic Signal at Northwestern University Entrance South of Garrett Place Staff recommends adoption of proposed Ordinance 36-0-10 by which the City Council would amend Section 10-11-5, Schedule V (G) of the City Code to establish a traffic signal at Sheridan Road and the Northwestern University entrance south of Garrett Place. Funding for the project will be provided by Northwestern University per the interagency agreement, also included on the November 8, 2010 and November 22 agendas. This Ordinance was introduced at the November 8, 2010 City Council meeting. For Action Alderman Jean -Baptiste motioned for adoption and seconded by Alderman Wynne. Roll Call resulted in a 7-1 vote (Alderman Fiske voted nay, and Alderman Burrus passed), the motion passed. After Alderman Fiske made her statements for future safety issues for neighbors and students. (A20)Ordinance 82-0-10 Amending the City Code by Enacting a New Title 8, Chapter 26, "Solid Waste Transfer Station Fee" Staff recommends the adoption of the proposed Ordinance 82-0-10 by which the City Council would enact a New Title 8, Chapter 26, "Solid Waste Transfer Station Fee". This ordinance was introduced at the October 25, 2010 City Council meeting. For Action Alderman Jean -Baptiste motioned for adoption and seconded by Alderman Holmes. Alderman Grover asked if this was the same Ordinance from our previous meeting. Mr. Farrar stated there was a change in the reference of ownership. City Manager stated a letter from VEOLIA was 7/27/2011 3:09 PM City Council Agenda November 22, 2010 Page 9 of 10 submitted but staff has not seen it. Alderman Jean -Baptiste motioned to hold over and seconded by Alderman Wynne. Alderman Rainey stated to not vote on the budget, cut the funds that were included or read the letter to Council. City Manager asked the VEOLIA representative if he had a copy of the letter he did and City Manager read the letter. The Aldermen expressed they were not attempting to push VEOLIA out of Evanston but to assert their Home Rule power and authority and protecting the health and welfare of the community. Mr. Farrar also expressed the support of the revenue fees to be assessed to Transfer Station. Alderman Jean -Baptiste pulled his motion. He then motioned to enact the Solid Waste Ordinance with a second from Alderman Holmes. A Roll Call vote was 9-0 and the motion passed (Pl)Ordinance 90-0-10 Granting a Special Use for an Adult Davcare Center at 524-526 Davis Street in the D4 Downtown Transition Zoning District The Zoning Board of Appeals by a 4 to 2 vote recommends the adoption of ordinance 90-0- 10, granting a special use permit for the operation of a daycare center - adult. Staff concurs with this recommendation. For Introduction Alderman Rainey stated the committee recommended denial of introduction. Alderman Jean - Baptiste stated the Landlord came up later and stated the property had been vacant for over a year. He suggested to have the Health Director to investigate the property and for the City Manager to investigate whether this property was vacant for over a year or not. A Roll Call vote to approve the introduction of the denial resulted in a 8-1 vote for approval (Alderman Bun -us voted nay). The motion was passed. (P3)Ordinance 77-0-10, Amending Various Portions of the Zoning Ordinance Relating to Religious Institutions in the Business, Commercial, and Downtown Zoning Districts The Plan Commission and staff recommend adoption of Ordinance 77-0-10, a text amendment to the zoning ordinance to change religious institutions from a permitted use to a special use where it so appears in the Business, Commercial, and Downtown zoning districts, and to remove religious institutions from the general exemption from the re- evaluation of off-street parking requirements for changes of use (Section 6-16-1-2) in those zoning districts. This ordinance was introduced at the October 25, 2010 City Council meeting. This ordinance was held at City Council meeting on November 8, 2010 and referred back to Planning and Development Committee for further discussion. For Action Alderman Rainey stated the committee decided to keep in committee for further discussion with City Manager and will be a special order of business next meeting. City Manager asked if this item will appear twice on the next set of meetings in December and the answer was yes. Call of the Wards Ward 7 Alderman Grover had no report but wished a Happy Thanksgiving to all. Ward 8 Alderman Rainey had no report. Ward 9 Alderman Burrus read a written statement concerning the short term votes of Council members and their lack of taking a stand and her frustration with the whole process. Her letter is included in the minutes as an attachment. 7/27/2011 3:09 PM City Council Agenda November 22, 2010 Page 10 of 10 Ward 1 Alderman Fiske wished a Happy Thanksgiving to all and Tuesday, December 71h from 7- 9 pm Evanston Public Library. Ward 2 Alderman Jean -Baptiste wished Happy Thanksgiving to all and stated his no vote on the budget was due to the 3-1-1 proposal. He also stated no one is concerned about re-election. Ward 3 Alderman Wynne said Happy Thanksgiving. Ward 4 Alderman Wilson stated nobody likes cuts or layoffs and he voted for the budget because the City has to operate, he said Happy Thanksgiving. Ward 5 Alderman Holmes had no report and wished a blessed and Happy Thanksgiving. Ward 6 Alderman Tendam had no report. Motion for adjournment was moved and seconded and was adjourned after a Roll Call resulted in a 9-0 vote, and the meeting ended at 11:03 P.M. Respectfully submitted, Rodney Greene, City Clerk MINUTES AND RECORDING WILL BE AVAILABLE ONLINE AFTER THE NEXT COUNCIL MEETING AND ITS APPROVAL. 1 7/27/2011 3:09 PM