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HomeMy WebLinkAboutMINUTES-2010-06-28-2010OF EV� kCa CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 28, 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 The Regular City Council Meeting was called to order at 7:04 P.M. by the Mayor,she then welcomed all to the meeting and stated the first order of business was the Public Hearing. City Manager, Bobkiewicz, stared by law the City Clerk would open the meeting, seek citizen comments, to allow the Council to discuss the matter now or wait until it comes up on the Consent Agenda. City Clerk, Greene, concurred with Mr. Bobkiewcz. Question: Alderman Rainey asked the reason for suspending the rules for this request. Answer: The deadline for submitting the Township Budget was today. Grant Farrar, City Attorney stated the law stipulated the budget must be submitted in the first quarter of the fiscal year. Mayor Tisdahl asked if anyone had any questions concerning the budget. No one answered. City Manager, Bobkiewicz recommended to have the discussion of the budget at the point in the Consent Agenda when Council get to it. Mayor Tisdahl asked for a voice vote to accept the City Manager's recommendation, it was unanimous. Mayor Proclamations A Proclamation for Parks and Recreation to be the Month of July 2010 was read and proclaimed by the Mayor. Mr. Gaynor received the proclamation from the Mayor. City Manager Public Announcements and Presentations Evanston 4` of July Association Celebration Update was presented by the President, Joan, stated the parade will start at 2:00 P.M. and gave a brief description of the events that will be occurring during the day with safe activities that will be inclusive of all ages. The July 41h Committee is looking for volunteers as well as inviting all to the celebration and she had hats, buttons and shirts displaying the SPARKY logo (a fund raiser to assist the Committee via text messaging) for the Council members. Independence Day Trash Collection Schedule will be one day later than usual as stated by City Manager Bobkiewicz. Communications: City Clerk No communications. City Council Agenda June 28, 2010 Page 2 of 14 Citizen Comment The following persons spoke on the 555 Howard Street property: Michele Hays, 712 Dobson, stated the neighbors' concerns of the problematic issues of the property at 555 Howard Street. She asked that the neighbors be included in the discussions of the property if Council decides to revisit the issue. Gary Brooks, 729 Brummel stated he is the President of the Neighborhood Watch. He stated they were concerned with the problems that are associated with the property at 555 Howard and urged the Council not to extend the hours of operation for the establishment to 24 hours.. The following person (s) spoke on the Township Budget: Sharon Eckersall, 2519 Ashland displayed a news article that spoke of a Cook County equalizer increasing from 2.8 to 3.1that will affect the taxpayer. She then stated her concerns of the Township budget especially the request of the Township Assessor, Bonnie Wilson. She stated she could not understand how the increase in the Assessor's budget could be allowed, when her budget was cut during her tenure. She suggested the extra money being requested could be better used in the Police & Firefighter's Pension Fund. The following person (s) spoke on Emerson Street YMCA photo exhibit: Susan Cadle, 1509 Asbury thanked the Council for considering the approval of the Emerson Street YMCA Public Art photo exhibit. She encouraged the Council to approve the recommendation from the Human Services Committee and the Public Art Committee to showcase this remembrance of the significance that the Emerson Street YMCA played in the lives of Evanston's citizens. The following person (s) spoke on the branch libraries: Morgan Meridith, 229 Main St. spoke on her support of the branch libraries and the important Role it plays in her life. She stated she tells all of her friends how happy she is to live so close to a branch that she visits on a regular basis. She also stated she believed it is a community gathering space and urges the Council to keep the branches open. The following person spoke on the Grandmother Park: Kevin O'Connor, 1227 %2 Isabella stated his concern of why the property located at 1125 Dewey, is the only consideration for the Grandmother Park. He stated that Alderman Wynne told him at the EDC (Economic Development Committee) that he was incorrect and that the City of Evanston was not bankrupt and there was money in the fund to use for this purpose. He stated if the Council approves the Resolution it will take it off the tax role in the amount of $8797.00 that was paid last year. The following person (s) spoke on Non -Agenda items: Junad Rizki, 2062 Ridge, spoke on the budget and the uncommon practices of the City employees performing functions they should not be involved in. He questioned various presentations that do not give any pertinent information about the clarity of understanding any of the reports. He stated in his opinion the City will continue doing the same sort of rubber stamping Council tactics. Alvin L. Williams, Ph.D., 1040 Pitner Ave, asked the City to enforce Niehoff to completely comply with the City Ordinance. They were to create an ambient lighting system in their community and they have not fully complied to the Ordinance. City Council Agenda June 28, 2010 Page 3 of 14 Mayor Tisdahl stated the City Manager was taking notes as Dr. Williams spoke, and he will look into the matter. She also stated the Council did not hear from the group wishing to keep the branch Libraries open. City Manager stated it was recommended by staff to consider continued operations of the Branch Libraries, and he pointed out the stipulations the Council made to the support group. Illinois State Senator, Jeff Schoenberg suggested sharing space with the South Branch Library and a state facility, as a new location is identified. This would be cost saving to both the City of Evanston and the State of Illinois. Question: Alderman Rainey asked did the Branch Library people fail to raise the money to sustain keeping the Branches open for the last six months. Answer: The question can not be answered, but the two groups are here, and City Manager directed everyone's attention to page six of the supporters report. The report shows they have collected $110,000.00 have been raised for the goal. Question: Alderman Rainey asked was the amount cash and will the Friends be contributing those funds to the operations of the Branches. Answer: City Manager stated it was his understanding this was their intention. Alderman Rainey stated it was hard to get on top of this when you read in the newspaper that the Mayor has been meeting behind the scene with people to overturn an action of the City Council. Question: Are you asking to continue the lease on the South Branch Library? Answer: All that is being asked is to receive the reports from the Task Force and the Friends of the Library, and after receiving the reports and without ant direction the two branch libraries will be closed August l" Question: Alderman Burrus asked where did the amount of $160,000.00 come from? and what does sustainable mean. She stated she thought to keep them open for a year would be around $400,000.00. Alderman Wynne stated there was a bank statement in the report from the Friends of the Libraries for $110,084.44 as of today. She then urged staff to look up the minutes of the budget discussions, because she still had the piece of paper she had written $168,000.00 on and she knew it had to be in the minutes. Alderman Burrus stated she was not disagreeing with the $168,000.00 for next six months, but she did not believe that was all they had to raise the 168 and that is what I want to see in the minutes. City Manager apologized for not having a copy of the minutes, but the second portion of the document was a plan for sustainable funding. These speaker(s) spoke on the Sustainable Funding for Evanston Public Library Branches Kerri Terry, President of the Library Board of Trustees, stated in her opening remarks the Council made three requests of branch supporters: 1) to raise enough money to keep the libraries open until February, 2011, 2) to report back on sustainable sources for the libraries, and 3) to look how the library could expand services to the Westside. She stated the task force identified four options for sustainable funding which were located in the packets: forming private partnerships, establishing a library fund, special service areas (SSA), and conversion to a library district. The task force's job was one of research and that was all. She asked that the Council keep the libraries open until 2011. Question: Basically your solution is to raise taxes, correct? Answer: No City Council Agenda June 28, 2010 Page 4 of 14 Question: How are you going to do sustainability without raising taxes? Answer: I am surprised because there is nothing in the report saying to raise taxes. The Library Fund is a vehicle and not an outcome.. Question: Alderman Grover asked if there was a recommendation from the Library Board. Answer: No Question: So of the four solutions there has not been a recommendation of which one is best. Answer: Correct. Question: Alderman Rainey asked what did the supporters of the libraries wanted from the Council to do since they have raised the funds and do you have the money on hand. Alderman Wynn stated Ms. Terry is a member of the Library Board, did not raise the money it was the Library Friends who raised the funds, so they should be answering the questions. Alderman Fiske stated she was interested in the SSA's because it would generate funds for the surrounding business area under the assumption the Library is an economic generator. Question: Had you given any thought to that in your deliberations? Answer: The Library Board has not taken on this whole topic, we just received the Task Force report last week. Alderman Jean -Baptiste stated the Council's purpose was to get a status because there is no authority to make a decision right now to say they have not met the conditions Council the Council should hear this issue now to avoid legal activity as the lease term approaches its deadline. He wanted to amend the Agenda to be a status report. Alderman Wilson stated he would like to hear the report from the people who were asked to be here. City Manager, Bobkiewicz stated he asked the Library supporters to come and give their report of where they stood, since it was two months before the decision to close to give the Council any additional information needed the branches SPECIAL ORDER OF BUSINESS (SP1)Sustainable Funding for the Evanston Public Library Branches It is recommended that the City Council consider continued operation of the North and South Branch Libraries beyond August 31, 2010 and provide additional direction to staff, if appropriate. For Action Lori Kennan, Vice President, Evanston Public Library Friends, stated the Council had requested three gigantic tasks be performed as a precondition to preserving funds for two neighborhood Libraries. which have served Evanston collectively for one hundred twenty years. She stated the actual cost for preserving the two branches was $160,168.00 according to Mr. Paul Gottschalk's memo to Ms. Mary Johns, Director Evanston Libraries. She stated the group has met the conditions placed on them by the Council. As of today the Friends have $125,000.00 as a bank deposit, $25,000.000 from the Library Board, $25,000.00 from a previous donor (the funds were initially earmarked for renovations, but placed in the funds of the Friends). She stated the Mayor wrote a check to the Friends and joined the group. The Friends now have a not -for- profit status The Friends mailed their membership applications out and the responses net $18, 000.00. The success they have is the belief the residents have in the Libraries, and she encouraged the Council to do the same. City Council Agenda June 28, 2010 Page 5 of 14 Question: Did your group FOIA the Library Donor Excellence List and used it to contact? Answer: No, we did not. Question: Did the $25,000.00 is from the book sale. Answer: Yes. Question: Where does that money usually go? Answer: These are unrestrictive funds, and would be used for any kind of program materials or any other need. Jeff Smith, 2724 Harrison Court, he first recognized those persons who donated their time and energy for the library supporters. He continued to express his beliefs if the libraries did not stay open the City would loose funds. He also stated keeping libraries functional should not be the responsibility of the citizenry; it is a service of the municipality. So he finally urged the City Council to not close the branches, because libraries are public and should be kept public. He stated they are green houses that incubate freedom for the twenty-first century. Question: Do we now terminate the lease on the South Branch Library, and what are your thoughts? Answer: First, does the Council want Branch Libraries in Evanston? Assuming the Council does we have challenges with the South Branch with accessibility. If there is no further direction tonight the Branch Libraries will be closed. Alderman Grover stated the Friends have met the conditions the Council requested and congratulated the friends for their work. Alderman Jean -Baptiste agreed with Alderman Grover and said the commitment has been met, and motioned to accept the status report and for the City Manager come back with a proposal for direction beyond the next six months. Alderman Wynne wanted to thank the Friends for revitalizing the ideas of the libraries and the uses. She thought they met the standard and now the Council need to figure out what do as a City after February. Alderman Wilson stated he felt the Branches should be closed because of the economic climate, but the community response has been phenomenal. He also stated he believed as well the standard has been met and not to burden them at this time with uncertainty for the next six months, and give staff direction that they stay open for the next six months and accept the $168,000.00 and we'll look up the number. He submitted to make an affirmative commitment to allow them to move forward, it was seconded by Alderman Jean -Baptiste. A voice vote was taken and the amendment was passed. Alderman Tendam stated the map that was not included did show his ward void of any community gathering center, and the library is important to him because it is a gathering place for his 6ch ward constituents. Alderman Rainey was concerned about how the City was going to deal with the South Branch lease if the Council decides to allow the Libraries to stay open until February. Will it be month -to -month agreement with the owner or what? City Manager stated he gave notice the City was considering breaking the lease according to Council direction and that takes it through the first week in August. He stated he will work with both the owner and Library staff, so there will be flexibility of being able to work within an extended lease to the end of February. He will work with the Library staff, the, Friends and the Board and bring back information at the next meeting. Alderman Rainey wanted to make it perfectly clear that City funds would not be used to keep the Libraries open, and that the Friends money will be used for the operation of the City Council Agenda June 28, 2010 Page 6 of 14 Libraries and not to renovate the South Branch. City Manager stated it was Alderman Wilson's intention in his motion, and he will work with the City Attorney to have proper documentation of the transfer of the funds so all parties will be aware of what the funds will be used for. The Aldermen's concerns and statements for clarification resulted in a motion to allow the Branches to stay open until February with the acceptance of the funds requested of them, and no funds from the City would be used to keep them operational. A Roll Call was taken with a 7-2 vote (Aldermen Burrus and Holmes voted nay), and the motion passed. Items not approved on Consent Agenda (P3)Ordinance 43-0-10 Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 Business District Staff and the Planning and Development Committee recommend the adoption of ordinance 43-0-10 which amends the existing special use permit for the convenience store at 555 Howard Street. The amendment extends the permitted operating hours of the convenience store on Saturdays from lam — 4pm to lam — 7pm and allows operation on Sundays from lam — 7pm. For Action (P4)Ordinance 44-0-10 Granting a Special Use for a Tvpe 2 Restaurant at 1527 Chicago Avenue in the D4 Downtown Transition Zoning District ("Giordano's") The Planning and Development Committee, Zoning Board of Appeals, and staff recommend the adoption of Ordinance 44-0-10. Ted Mavrakis, property owner, is applying for a special use permit at 1527 Chicago Avenue to operate a type 2 restaurant "Giordano's". The restaurant proposes to move locations from its 500 Davis Street location to 1527 Chicago Avenue. On June 14, 2010, the Planning and Development Committee voted to recommend adoption of the special use permit with restrictions on operating hours of the proposed outdoor dining area as follows: Sunday — Thursday: no seating after 10 p.m. Friday — Saturday: no seating after 11 p.m. For Action (Hl)Ordinance 21-0-10 Proposed Budget and Appropriation Ordinance for Town Purposes, for the Year Ending March 31, 2011 Township of Evanston Supervisor/Treasurer recommends that City Counciv Township Trustees approve the Town of the City of Evanston budget for the fiscal year commencing April 1, 2010 and ending March 31, 2011 with Town fund $295,753.00 and general assistance fund $986,553.00. Total appropriations are $1,282,306.00. Request suspension of the Rules to introduce and adopt Ordinance 21-0-10 at the June 28, 201.0 City Council meeting. For Introduction and Action (01)Resolution 46-R-10 and Agreement with Open Lands and Grandmother Park Initiative for the Funding of Land acquisition and Park Construction at 1125 Dewev for an Amount Not to exceed $50,000 and Application for Open Space Land Acquisition Development Grant City Council Agenda June 28, 2010 Page 7 of 14 Staff recommends approval of Resolution 46-11-10 by which City Council would authorize the funding of property acquisition for the Grandmother Park Tot Lot at 1125 Dewey in an amount not to exceed $50,000. The resolution also authorizes the City Manager to sign the Resolution of Authorization and the Grant Application to apply for the Open Space Land Acquisition and Development Grant ("OSLAD"). For Action Items approved on Consent Agenda will have (*) on them CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of June 14, 2010 ADMINISTRATION & PUBLIC WORKS (Al) City of Evanston Payroll through 06!20/10 $2,884,639.42 (A2) City of Evanston Bills through 061129/10 $2,119,990.70 (A3.1) Approval of Construction Contract Award to FloorinL Resources Corp, for Installation of Carpet Tiles and Rubber Treads at Lorraine H. Morton Civic Center (Bid 10-94) Staff recommends approval of carpet tile and rubber tread installation contract to Flooring Resources Corp., (600 Pratt Blvd., Elk Grove Village, IL) in the amount of $41,120.10. Funding provided by CIP Account 415169 totaling $2,000,000. This allocation includes $1,700,000 for the roof replacement and $300,000 for other renovations at the Lorraine H. Morton Civic Center including asbestos containing material (ACM) abatement, carpet tile installation and staff relocations. For Action (A3.2) Approval of Contract Award to Bay Remediation, LLC for Asbestos Containing Material (ACM) Abatement Proiect at Lorraine H. Morton Civic Center (Bid 11-14) Staff recommends approval of ACM abatement contract to Bay Remediation, LLC (6124 N. Milwaukee Avenue, #5, Chicago, IL) in the amount of $63,685. Funding provided by CIP Account 415169 totaling $2,000,000. This allocation includes $1,700,000 for the roof replacement and $300,000 for other renovations at the Lorraine H. Morton Civic Center including asbestos containing material (ACM) abatement, carpet tile installation and staff relocations. For Action (A3.3) Approval of Contract Award to MBB Enterprises of Chicago, Inc. for Evanston Police Headquarters Exterior Masonry Renovations (Bid 10-72) Staff recommends City Council approval of Evanston Police Headquarters Exterior Masonry Renovations contract to MBB Enterprises of Chicago, Inc. (3352 W. Grand Avenue, Chicago, IL) in the amount of $502,499. Funding provided by Capital Improvement Program (CIP) Account 415727 totaling $570,000. For Action City Council Agenda June 28, 2010 Page 8 of 14 (A3.4) Approval of the HVAC Contract Award Recommendation to G.A. Johnson & Son for Evanston Police Department Firing Range Upgrade (Bid 11-13) Staff recommends approval of the Evanston Police Department Firing Range Upgrade contract to G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of $180,580. Funding provided by CIP Account 415721 totaling $460,000. This account will also fund the replacement of the firing range's bullet trap and associated items. The bid for the bullet trap is expected to be released in fall 2010. For Action (A3.5) Approval of Contract Award to International Piping Svstems for the Evanston Police 911 Center HVAC Upgrade (Bid 11-17) Staff recommends approval of the Evanston Police 911 Center HVAC Upgrade to International Piping Systems (444 E. State Parkway, Suite 123, Schaumburg, IL) in the amount of $93,800. Funding provided by E911 Account 415728 ($100,000) and E911 Account 415734 ($4,367) totaling $104,367. For Action (A3.6) Approval of Contract for Securitv Fence Purchase and Installation at the Water Utilitv (Bid 11-19) Staff recommends City Council approval of a contract in response to Bid 11-19 for the purchase and installation of security fence at the Water Utility to Fence Master's Inc. (20400 South Cottage Grove Ave, Chicago Heights, IL) in the amount of $72,000. Funding is provided from the Water Fund Account 733067, which has a budget of $80,000 in FY 2010/2011 allocated for the purchase of materials to maintain and upgrade security at the Water Treatment Plant. For Action (A3.7) Approval of Sole Source Renewal for the Geographic Information Svstem Maintenance and Support Agreement Staff recommends City Council approval of the sole source Geographic Information System (GIS) annual maintenance and support agreement with the Environmental Systems Research Institute, Inc. (ESRI, 380 New York Street, Redlands, CA) in the amount of $21,550. This agreement is $250 less than last year's agreement of $21,800. Funding will be provided from the Computer Licensing and Support operating account in the IT Division of the Administrative Services Department, Account 1932.62340, which has an allocation of $22,000 for GIS software. For Action (A3.8) Approval of Maintenance Plan Agreement for Sherman Plaza in the Amount of $115,000 beginning August 23, 2010 through August 22, 2011 Staff recommends City Council approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2010 through August 22, 2011. Funding provided by the Parking Fund. For Action (A4)Resolution 29-R-10 Authorizing the Citv Manager to Execute the Easement Agreement with AT&T for the Placement of Utility Cabinets on Lot 17 South of Grove Street and East of Elmwood Avenue along the Union Pacific Embankment WallStaff recommends City Council approval of the Easement Agreement to provide desired landscaping and screening. Staff and the resident member of the Site Plan and Appearance Review City Council Agenda June 28, 201-0 Page 9 of 14 Committee (SPAARC) reviewed the proposed location and recommended locating it on Lot 17 by the Union Pacific embankment wall for better landscaping and screening. For Action (A5)Resolution 41-R-10 Requesting Assistance from IEPA for Environmental Technical Assistance at 1600 Foster, the Proposed NSP2 Emerson Square Redevelopment Site Staff recommends adoption of Resolution 41-R-10, which requests participation in the Targeted Brownfield Assessment (TBA) program administered by the Illinois Environmental Protection Agency (IEPA). If accepted under the TBA program, there will be no charge for the site testing services and resulting environmental data provided by the IEPA. If the City or its consultant were to contract privately for these testing services, they typically range in value between $80,000 to $130,000. (A6)Resolution 43-R-10 Authorizing Service Center Short Term Lease Agreement Staff recommends City Council approval of Resolution 43-R-10 authorizing the lease of the one bedroom apartment on the second floor of the Service Center, 2020 Asbury Avenue, to Ms. Sabina Mora from June 21, 2010 through August 31, 2010. For Action (A7)Resolution 45-R-10 Authorizing that Anv Pavments Relatine to FY2010/11 Capital Improvement Proiects Would Be Reimbursed by the Subsequent 2010 G.O. BondIssuance. Staff recommends approval of Resolution 45-R-10 by which City Council would authorize that payments relating to FY 2010/11 CIP project expense prior to June 28, 2010 be reimbursed by the subsequent 2010 G.O. bond issuance. For Action (A8)Ordinance 29-0-10 Authorizine the Sale of Surplus Fleet Vehicles Owned by the Citv of Evanston (Obenauf Auction Service Municipal Equipment Auction) Staff recommends City Council approval of Ordinance 29-0-10 authorizing that various vehicles and equipment owned by the City as listed in the ordinance can be publicly offered for sale through public auction by Obenauf Auctioneers Service (118 North Orchard, Round Lake, IL). The vehicles and equipment are presently assigned to various divisions/departments within the City of Evanston. For Introduction (A9)Ordinance 40-0-10, Decreasing the Number of Class B Liquor Licenses Due to a Change in Permit for Golden Olympic Restaurant The Local Liquor Commissioner recommends passage of Ordinance 40-0-10 amending Section 3-5-6-(B) of the City Code to decrease the number of Class B liquor licenses from 16 to 15 due to a change in permit for Golden Olympic Restaurant, Inc., d/b/a "Golden Olympic Restaurant," 1608 Chicago Avenue. For Action (A10) Ordinance 41-0-10, Increasing the Number of Class D Liquor Licenses to Permit Issuance to Golden Olvmvic Restaurant The Local Liquor Commissioner recommends passage of Ordinance 41-0-10 amending Section 3-5-6-(D) of the City Code to increase the number of Class D liquor licenses from 21 to 22 to permit issuance to Golden Olympic Restaurant, Inc., d/b/a "Golden Olympic Restaurant," 1608 Chicago Avenue. For Action City Council Agenda June 28, 2010 Page 10 of 14 (All) *Ordinance 46-0-10, Increasing the Number of Class D Liauor Licenses to Permit Issuance to Bombav Indian Grill The Local Liquor Commissioner recommends passage of Ordinance 41-0-10 amending Section 3-5-6-(D) of the City Code to increase the number of Class D liquor licenses from 22 to 23 to permit issuance to Bombay Indian Grill in Evanston, d/b/a "Bombay Indian Grill," 1728 Sherman Avenue. For Action PLANNING & DEVELOPMENT (Pl)* Ordinance 49-0-10 Granting a Snecial Use for a Tvpe 2 Restaurant at 615 Dempster Street in the B2 Business Zoning District ("Bagel Art") Staff and the Zoning Board of Appeals recommend the adoption of Ordinance 49- 0-10 with conditions as specified. Nancy Depondt, lessee, acting on behalf of property owners Robert Amado and Irving Amado, is seeking a special use permit to operate a type 2 restaurant, "Bagel Art," at 615 Dempster Street. Ms. Depondt has operated Bagel Art for several years at 1307 Chicago Avenue and proposes to move the restaurant to a new location at 615 Dempster Street, approximately 100 yards away. For Introduction (P2)* Ordinance 42-0-10 Amending the Zoning Man to Re -Zone 415 Sherman Avenue from R4 General Residential and off Hospital Overlav Districts to R5 General Residential District Staff and the Plan Commission recommend the adoption of Ordinance 42-0-10. As the site is no longer required by St. Francis Hospital to meet its off street parking requirement and is not itself improved with any hospital -related uses, its continued inclusion within the off Hospital overlay district is unnecessary. For development purposes, the property would be better suited if it were included within the surrounding R5 General Residential zoning district. For Action HUMAN SERVICES COMMITTEE (H2)* Ordinance 35-0-10 Amending Title 9, "Public Safety," Section 5, "General Offenses," of the Citv Code of the Citv of Evanston Paragraph 11, "Public Nuditv; Urinating or Defecating in Public" Staff recommends consideration of proposed Ordinance 35-0-10 Amending Title 9, "Public Safety," Section 5, "General Offenses," of the City Code of the City of Evanston Paragraph 11, "Public Nudity; Urinating or Defecating in Public." For Introduction (H3)* Emerson Street YMCA 1909 —1969 Public Art Exhibit Recommend that the City Council concur with the Human Services Committee of the City Council and Public Art Committee to approve the proposed Emerson Street YMCA Public Art photo exhibit, as proposed by the McGaw YMCA and Shorefront. With the exception of City staff coordinating the location placement of the signs on the street poles, there will be no City funds expended on this project. City Council Agenda For Action For Appointment to: June 28, 2010 APPOINTMENTS Page 11 of 14 Ladd Arboretum Committee Louise Taylor Alderman Rainey motioned for approval of the Consent Agenda and Alderman seconded the motion. A Roll Call vote was taken with a 9-0 result. Items for discussion: (Pl)* Ordinance 49-0-10 Granting a Special Use for a Tvpe 2 Restaurant at 615 Dempster Street in the B2 Business Zoning District ("Bagel Art") Staff and the Zoning Board of Appeals recommend the adoption of Ordinance 49- 0-10 with conditions as specified. Nancy Depondt, lessee, acting on behalf of property owners Robert Amado and Irving Amado, is seeking a special use permit to operate a type 2 restaurant, "Bagel Art," at 615 Dempster Street. Ms. Depondt has operated Bagel Art for several years at 1307 Chicago Avenue and proposes to move the restaurant to a new location at 615 Dempster Street, approximately 100 yards away. For Introduction Alderman Rainey motioned for approval to suspend the rules and Alderman Wynne seconded the motion. Alderman Wynne then motion for approval of the Ordinance and it was seconded by Alderman Jean -Baptiste. A Roll Call was taken and resulted in a 9-0 vote and the motion passed. P3)Ordinance 43-0-10 Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 Business District Staff and the Planning and Development Committee recommend the adoption of ordinance 43-0-10 which amends the existing special use permit for the convenience store at 555 Howard Street. The amendment extends the permitted operating hours of the convenience store on Saturdays from lam — 4pm to lam — 7pm and allows operation on Sundays from lam — 7pm. For Action Alderman Rainey motion to approve and seconded by Alderman Jean -Baptiste. She spoke that she will support the motion to. A Roll Call was taken with a 9-0 result the motion passed. (P4)Ordinance 44-0-10 Granting a Special Use for a Type 2 Restaurant at 1527 Chicago Avenue in the D4 Downtown Transition Zoning District ("Giordano's") The Planning and Development Committee, Zoning Board of Appeals, and staff recommend the adoption of Ordinance 44-0-10. Ted Mavrakis, property owner, is applying for a special use permit at 1527 Chicago Avenue to operate a type 2 restaurant "Giordano's". The restaurant proposes to move locations from its 500 Davis Street location to 1527 Chicago Avenue. On June 14, 2010, the Planning and Development Committee voted to recommend adoption of the special use permit with restrictions on operating hours of the proposed outdoor dining area as follows: City Council Agenda June 28, 2010 Page 12 of 14 Sunday — Thursday: no seating after 10 p.m. Friday — Saturday: no seating after 11 p.m. For Action Alderman Rainey moved for approval and seconded by Alderman Wilson. The motion was amended to change the wording to say "NO SERVICE" by Alderman Wilson seconded by Alderman Holmes. A Roll Call vote taken with a 9-0 result. (111)Ordinance 21-0-10 Proposed Budget and Annropriation Ordinance for Town Purposes, for the Year Ending March 31, 2011 Township of Evanston Supervisor/Treasurer recommends that City Council/ Township Trustees approve the Town of the City of Evanston budget for the fiscal year commencing April 1, 2010 and ending March 31, 2011 with Town fund $295,753.00 and general assistance fund $986,553.00. Total appropriations are $1,282,306.00. Request suspension of the Rules to introduce and adopt Ordinance 21-0-10 at the June 28, 2010 City Council meeting. For Introduction and Action Alderman Fiske motioned for approval to suspend the rules seconded by Alderman Wilson. Question: Alderman Rainey wanted some clarification of the client's amounts and the 50150 program for the 90 clients. Rosemary Jean -Paul, Executive Director of the Township of Evanston, stated the contractual expenses are the extra funds that are used for some of the clients. One is peer service trilogy, and the Township Supervisor also has some others she earmarks to contract. During the presentation of the Township Budget there were many concerns discussed by Council members and the Mayor asked for a motion to suspend the rules. The motion was made Alderman Grover asked what happens now that the budget did not pass. Mr. Farrar stated the Township Code is silent in terms of the funding mechanism. City Manager stated a continuing budget for a month's time of $100,000.00 could be appropriated tonight, through the suggestion of the City Attorney. Alderman Rainey stated the Township Supervisor should be at the next meeting to answer questions concerning the proposed budget. Alderman Holmes announced that the Township Supervisor was out of town because her mother was sick. She also asked the Township Assessor if the person she needed could be a part-time employee. Ms. Bonnie Wilson, Township Assessor, stated she could possibly do that as long as there was a full-time person and a second full-timer or a part-time employee. Then things would be easier in the office. and a Roll Call vote was taken with a 6-3 result. The motion to suspend failed due to lack of a unanimous vote. Ms. Jean -Paul stated the budget had to be submitted by June 30'b as long as the Township Supervisor presents a balanced budget to the Council. Previously there was a discussion in Human Services meeting and there is no reason to delay the process. Mr. Farrar stated he and the Assistant City Manager had readjusted the allocations for the Township Budget for a four month period, from April 1, 2010 ending July 31, 2010 at the amount of $427, 436.00 for the purposes of this fiscal year. City Manager, Bobkiewicz, stated if Council would suspend the rules and to accept the City Council Agenda June 28, 2010 Page 13 of 14 revised Ordinance then the Township could move forward. Alderman Rainey asked, how were the funds divided up for the various programs? The City Manager stated if that was a concern of the Council they would augment the budget in the area of page 21 of the package and 277 of the addendum package with the reading being the budget beginning April 1, 2009 and ending July 31, 2010 would be a continuation of the spending plan in the current budget through July 31, 2010. Mayor Tisdahl asked if anyone would like to make a motion. Alderman Wynne motioned to accept the City Manager's suggestion of maintaining the funding levels in the last years approved budget for a one quarter of the budget year which will end July 31 St. Alderman Tendam seconded the motion. Question: Alderman Rainey asked what was allocated in there for legal fees? Answer: It will be approximately $30,000.00. There are no line items attached to this Ordinance and if the Township Board wanted to include line items you would have to do that later. Mayor Tisdahl said let's vote on the motion and suspend the rules and accept the motion if we get that far. Question: Alderman Rainey wanted to know how this was going to help by passing this motion. Answer: City Manager stated it does not help anything. It simple allows the Township to submit a budget to be compliant with State Law. A Roll Call vote to approve the motion made by Alderman Wynne to accept the City Manager's suggestion resulted in a 8-1 result (Alderman Jean -Baptiste voted nay), the motion passed. Alderman Jean -Baptiste stated the process for approving the budget was not done in a timely manner, since it was discussed in committee two or three months ago, and it should have been on the last Council Meeting Agenda and it wasn't. So if the Council passes this when we come and what we've adopted can be retroactive. Answer: Yes, you can amend the budget anyway the Township Board. Roll Call for suspension of the rules resulted in a 9-0 response. Alderman Jean -Baptiste motioned to approve the recommendation of the City Manager to continue last years budget to end July 31, 2010 at last years spending level. The motion was seconded by Alderman Wilson. Roll Call vote was taken and resulted in a 9-0 vote. (01)Resolution 46-R-10 and Agreement with Open Lands and Grandmother Park Initiative for the Funding of Land acquisition and Park Construction at 1125 Dewev for an Amount Not to exceed $50,000 and Application for Open Space Land Acquisition Development Grant Staff recommends approval of Resolution 46-R-10 by which City Council would authorize the funding of property acquisition for the Grandmother Park Tot Lot at 1125 Dewey in an amount not to exceed $50,000. The resolution also authorizes the City Manager to sign the Resolution of Authorization and the Grant Application to apply for the Open Space Land Acquisition and Development Grant ("OSLAD"). For Action Alderman Wynne motion for approval of the Resolution 46-R-10 and Alderman Wilson seconded the motion. Alderman Burrus stated this will be taking the property off the tax rolls and it is a block from Robert Crown, and she felt it is very irresponsible. Alderman Wynne stated the property would not be taking off the rolls until all the requirements have been met. City Council Agenda June 28, 2010 Page 14 of 14 Alderman Jean -Baptiste stated this was a grass -root neighborhood initiative that set aside money to enhance the property that had destruction by a fire. This would also help to increase the property value in the area, and the land would be returned to the City. Alderman Burrus stated the Council continues to dish out monies that the City does not have to assist pet projects in our wards, even though we all ran on platforms to be economically prudent and so far we have not kept to our words. Mayor then asked for the Roll Call vote with a result of 7-2 (Aldermen Burrus and Wilson voted nay), the motion passed. Call of the Wards: Ward 7 Alderman Grover she congratulated the runners of the Ricky Byrdsong Race Against Hate Sunday, and she include City Manager, Bobkiewicz, Alderman Wilson with son on shoulders, and Deputy Fire Chief. Reminder to 41" Parade can not place chairs until Thursday at 6:00 A.M. Ward 8 Alderman Rainey wanted to make a reference to the Planning and Development Committee no Zoning Board appeal decision can be altered without a public hearing, and she made the specific reference to 555 Howard. The Committee unilaterally changed the rules concerning that property. She also mention an incident with a man who tied the legs of a 3 month old puppy, ran the rope around his neck and stuck a rag down his throat. Three hours later the owner came home found the dog and freed him and the dog lived. The witnesses and the Officer did not show and the Judge dismissed the case because it was the second appearing with no arresting Officer or witness and the man who was accused walked out of the courtroom laughing. Ward 9 Alderman Burrus No Report. Ward 1 Alderman Fiske stated she had no report, but she would go with Alderman Rainey if she calls her. She wanted the City Manager to provide a report from the Chief of Police. Ward 2 Alderman Jean -Baptiste stated he didn't really have a report but couldn't our Attorney take the case, and the answer was no it was the State Attorney's duty. This case will be refiled. Ward 3 Alderman Wynne stated we need to have some enforcement of the leaf blower Ordinance, and she has been inundated with calls complaining about the problem. Ward 4 Alderman Wilson No report. Ward 5 Alderman Holmes wanted to congratulate all of the unity scholarship awardees yesterday, and she hoped that next year more of the Council would attend. Ward 6 Alderman Tendam would also support Alderman Rainey in her efforts to get the offenders. Mayor Tisdahl asked for a motion for adjournment was made by Alderman Jean -Baptiste and seconded by Alderman Wilson. Roll Call vote was taken with a 9-0 result. Meeting ended at 9:34 P.M. Respectfully submitted, Rodney Greene/City Clerk A COPY OF THESE MINUTES WILL BE AVAILABLE AFTER THE 12T" OF JULY IN THE CLERKS OFFICE, ROOM 1200.