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HomeMy WebLinkAboutMINUTES-2009-01-26-20091 1 1-1 CITY COUNCIL ROLL CALL — PRESENT: A Quorum was present. PRESIDING: Alderman Jean -Baptiste Alderman Wynne Alderman Bernstein Alderman Holmes Mayor Lorraine H. Morton January 26, 2009 Alderman Moran Alderman Tisdahl Alderman Rainey Alderman Hansen Alderman Wollin The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton on Monday, January 26, 2009, at 9:10 p.m. in the Council Chamber. MAYORAL ANNOUNCEMENTS: Mayor Morton informed the citizens of the Saturday Budget Workshop and that anyone who wanted to speak to the Council had an opportunity to do so. She also told them whenever there is a public meeting any citizen may make comments. CITY MANAGER ANNOUNCEMENTS: Interim City Manager Russell announced it was Mr. John Burke's last City Council meeting. Mayor said we get all these fine people but can't keep them because Evanston is a good address to place on your resume and then you can get a job somewhere. Alderman Bernstein also had good remarks concerning Mr. Burke. Interim City Manager spoke about the economic stimulus package and they will continue to follow-up on it. Mr. Domeker spoke concerning the Summer Camp registration, which will start on Friday, January 30t'. COMMUNICATIONS - CITY CLERK: NONE ENVIRONMENT BOARD AWARDS PRESENTATION: Mr. Leonard Sciarra presented five certificates to organizations that exemplified the green sustainability code in Evanston. The awardees were: (1) Marc Wise and Lindsey Stame, owners of Greenwise Organic Lawn Care; (2) Dave Grumman, Grumman/Butkus Associates, (3) Lemoi Hardware, (4) Nichole Lovett, owner of Harmony Haus; and (5) Daniel and Mark Stein, owners of Mark Vend Co. POLICE DEPARTMENT AWARDS: Commander Tom Guenther presented an award to the Brummel Park Neighbors for their exceptional work in the neighborhood and partnership with the Police Department. Alderman Rainey spoke about how proud she was about this group and the wonderful job they are doing. One of the members of the Brummel Park Neighbors created a Facebook page named 75,000 hours treat represents all the residents in Evanston, and she invited all to visit her page. Mayor Morton mentioned that this group could be a resource to other neighborhood groups in talking to them an explaining how they do what they do. Alderman Jean -Baptiste said he talked to Mr. Vasilko by phone today and walked downstairs with Mr. Rizki last week and explained to both that sometimes when citizens give comments that degrade the Council members, who are people and citizens too, causes an unproductive conversation. The citizens do have a lot of good ideas and they should keep coming to share them with the Council. CITIZEN COMMENT: AGENDA ITEMS Amina DiMarco, 1041 Ridge Ct. speaking on A6 the recommendation of the lakefront pedestrian and bike path, also a member of the Park and Recreation Group. The group is asking $55,000 of the committed $350 or more of the CIP Fund and $80,000 of the half million Grant Funds so they can move forward with the bike path. Asked the Council to move forward without any delays. Alan Zreczny, 1014 Davis St., owner of Audio Consultants, came to speak on the Downtown Plan. The plan contradicts January 26, 2009 the consultants report and just because they say the area is traditional doesn't make it traditional, and it doesn't address why he is different from everyone else. Chris Mailing, 1027 Davis St., property owner and President of Turin Bicycle speaking on the Downtown Plan should be built like a wedding cake, but the current plan looks like a wedding cake with a slice taken out. He supports the charm and character of the block and expects to see the same kind of parking and other attributes with his area as it is with the surrounding plan. Mayor Morton thanked Mr. Mailing for all he did in bringing the bike race to Evanston. Alderman Moran mentioned the changes to the original plan that the two previous speakers may not have known about, that came from the Planning & Development Committee and directed them to speak to Mr. Gaynor. Mike Vasilko, 2728 Reese Ave., apologized and thanked Alderman Jean -Baptiste for his phone call and expressed his frustration with all government forms, but he knows where the City officials live and so he can vent. He spoke in opposition to special treatment given to one entity and not others in the form of the chairperson of the P&D. He asked the Council to vote against the Downtown Core. Judy Fiske, 2319 Sherman Ave, started by stating her name and Mayor Morton interrupted her to advise the speaker to make known she was a candidate in the Consolidated Election in April, the speaker then continued and made known she was a candidate for Alderman in the I't Ward. She asked the Council to reconsider approving the extension for the Kendall College property, secondly opposing the Downtown Plan in its current form, and the active part that City staff plays in the approval process with the developers. She also requested a deferral of the Downtown Plan until the seating of the new Council. Bill Geiger, 1000 Grove St., he is the President and CEO of McGaw YMCA with a 172 bed residents program, and speaking on the proposal to increasing rooming and inspection fee. He suggested that more efficient uses of existing inspection fees be explored. He also asked about cost effectiveness, if violators of the code were penalized would spare non -violators of the increase in fees. Mark Metz, 2125 Sherman Ave., member of the Recreation Board came to ask the passing of the $55,000 that was allocated for the restoration of the lakefront pedestrian and bike paths to complete Phase 2 engineering of the process. Barbara Janes, 802 Colfax St., spoke on the Kendall property and the request for an extension from Smithfield. She encouraged the Council to not approve the extension. She also requested the involvement of the Kendall neighbors in the discussions. Mayor Morton stated that there does exist a precedence in the City and in time the Council will vote for that. CITIZEN COMMENT: NON -AGENDA ITEMS Carolyn Dellutri, 1560 Sherman Ave., she's the Executive Director of EvMark for downtown Evanston and they are offering seminars to assist Evanston businesses. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Phase 2 Engineering Services Pedestrian/Bicycle Path; Resolution 4-R-09 — Local Agency Agreement with IDOT for Pedestrian/Bicycle Path; Draft Downtown Plan; Marketing/Sales Incentives for Affordable Housing Providers; Ordinance 4-0-09 — Special Use at 812 Davis St.; Ordinance 127-0-08 — Text Amendment — West Evanston District; 128-0-08 — Map Amendment to Re -Zone Certain Properties — West Evanston; Ordinance 7-0-09 — Former Kendall College Site; Ordinance 134-0-08 —Raise Fees for Rooming Houses and Ordinance 5-0-09 — Cooking Demos at Farmers' Market. The motion was seconded by Alderman Bernstein. Roll Call. Voting aye — Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay — none. Motion carried (9-0) Mayor Morton asked with the approval of the Consent Agenda the Council was also confirming the appointments of the three names that were presented, and the answer was yes. Page 2 of 9 51q 1 ITEMS APPROVED ON CONSENT AGENDA MINUTES: January 26, 2009 * Approval of Minutes of the Regular City Council Meeting of January 12, 2009. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: * Approval, as recommended, City of Evanston payroll for the period January 18, 2009 and City of Evanston bills through January 27, 2009, as authorized and charged to the proper accounts: City of Evanston payroll (through 0l/18/09) $2,642,032.58 City of Evanston bills (through 01/27/09) $3,450,305.83 * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 5-R-09 — 2009 Motor Fuel Tax Street Resurfacing Program— Consideration ofproposed Resolution 5-R-09, by which the City Council would appropriate $1.25 million of the Motor Fuel Tax (MFT) funds for resurfacing the attached list of streets. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 6-0-09 — Amends Title 7. Chanter 4, Section 3 of the Citv Code to Add a "Pavement Degradation Fee" — Consideration of proposed Ordinance 6-0-09, which amends Title 7, Chapter 4, Section 3 of the City Code "Restoration of ,Surface after Excavation" by adding a pavement degradation fee. * MARKED INTRODUCED -CONSENT AGENDA * Ordinance 8-0-09 — Decrease in Number of Class B Liquor Licenses — Due to Expiration of Liquor License for Omaggio, LLC — Consideration of proposed Ordinance 8-0-09, which amends Section 3- 5-6(B) of the City Code to decrease the number of Class B liquor licenses from 17 to 16 due to the expiration of the liquor license of Omaggio, LLC, dba Omaggio (1639 Orrington Ave.). * MARKED INTRODUCED -CONSENT AGENDA PLANNING & DEVELOPMENT: * Consideration of Request for a Two -Year Retroactive Extension for the 1560 Oak Avenue ADDroved Special Use - Museum of Time and Glass (Ordinance 36-0-07) — Consideration of a request for a two- year retroactive time extension for the 1560 Oak Avenue Special Use, received from the applicant after the formal one-year expiration date of the Special Use (May 1, 2008). The requested extension would be until May 1, 2010. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Consideration of Reauest for Plat of Subdivision — 1813-1819 Hovland Court — Consideration of a proposed Plat of Subdivision for the property at 1813-1819 Hovland Court. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) APPOINTMENTS: Rules were suspended so that the citizens would be introduced and confirmed on the same evening. A voice vote was taken and it was unanimous. Citizens were confirmed. Eva E. Holland-Switchett Citizens Police Advisory Committee Raymond A. Wells Citizens Police Advisory Committee Page 3 of 9 cb January 26, 2009 For Appointment Introduction and Confirmation: John Paul Schmidt Civil Service Commission For term ending January 30, 2012 REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Recommendation for Phase 2 Engineerine Services for the Pedestrian/Bicvcle Path Svstem Between Lee and Clark Street Beaches (RFO 07-51) — Approval of a professional services contract from EDAW Inc./CTE Joint Venture (303 E. Wacker Dr., Chicago) for Phase 2 Engineering Services for the pedestrian/bicycle path system between Lee and Clark Street Beaches in the amount of $143,706. Funded by the Capital Improvement Program (CIP) $55,706 and the Illinois Transportation Enhancement Program (ITEP) $88,000. Alderman Wollin moved approval of this item. Seconded by Alderman Wynne. Alderman Moran spoke against the pedestrian path with all of the bathrooms were not worked out and the paths need to be repaired, but he will not vote for the plan because of all the other proposals were not in the original plan which will cost the City much more money. He also is opposed to A7, which is integral to this plan he was voting against it as well. Alderman Wynne said there were no surprises, everyone knew what was going to happen we need these paths and we need them to be safe and usable by the many families and friends in Evanston who use them. We have the money so let's move forward and get it done. Alderman Wollin has spoken to Mr. Gaynor to give the presentation on the Lakefront that he showed in A&PW to the whole Council. We need to know the whole story on the Lakefront Plan, but we do need to pass this portion tonight. Alderman Tisdahl stated she would vote to approve it, but Alderman Moran was completely correct, the economy has changed and we do need a complete report as Alderman Wollin had suggested. Roll Call. Voting aye — Jean -Baptiste, Wynne, Bernstein, Holmes, Tisdahl, Rainey, Hansen, Wollin. Voting nay —Moran. Motion carried (8-1) Mayor Morton asked if the intent was to get more research on the issue and the answer was yes. Resolution 4-R-09 — Authorizes the Interim Citv Manager to Bien a Local Aeencv Agreement for Federal Participation with IDOT for the Evanston Lakefront Corridor Reconstruction Proiect — Consideration of proposed Resolution 4-R-09, which authorizes the Interim City Manager to sign a Local Agency Agreement for federal participation with the Illinois Department of Transportation (IDOT) for the Evanston Lakefront Corridor Reconstruction Project. Alderman Wollin moved approval of Resolution 4-R-09. Seconded by Alderman Wynne. Roll Call. Voting aye — Jean -Baptiste, Wynne, Bernstein, Holmes, Tisdahl, Rainey, Hansen, Wollin. Voting nay —Moran. Motion carried (8-1) PLANNING & DEVELOPMENT: Consideration of Draft Downtown Plan - Recommendation for Approval from Plan Commission - Plan Commission recommendation to approve the Draft Downtown Plan as revised by the by the Plan Commission. Alderman Moran reported that this item was held in committee. Consideration of Recommendation to Provide Marketine Assistance and Sales Incentives for Three Affordable Housine Providers (Reba Place Development Corporation. Evanston Community Development Association and Citizens' Liehthouse Communitv Land Trust). Usine Federal HOME Page 4 of 9 3Al January 26, 2009 Funds Supplied by HUD — Request approval of $30,517 in HOME funds for marketing activities and sales incentives to help three affordable ownership developments complete sales by June 30, 2009. The funding consists of $5,517 for marketing and up to $25,000 for broker incentives. Alderman Rainey amended to require invoices for services completed and when titles are transferred and need proof for the sale. Mayor asked was this usual and would it apply to all who come forward. I mean for the invoices explain this for me. Alderman Jean -Baptiste explained we only have one project. Alderman Rainey wanted to see invoices for advertisements to sell the property. We pay only for what has been completed and we pay as we go along. We want to make sure the bills are paid. Alderman Moran moved approval as amended. Seconded by Alderman Wynne. Roll Call. Voting aye — Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay — none. Motion carried (9-0) Ordinance 4-0-09 — Grants a Special Use for a Convenience Store at 812 Davis Street in the D3 Downtown Core Development District — Consideration of a Zoning Board of Approvals recommendation of approval, with conditions, for a convenience store at 812 Davis St. in the D3 Downtown Core Development District. Alderman Moran stated being advised by Legal from the outcome of the discussion in the P&D meeting that this item should be recast as a motion to deny. Alderman Moran moved that this item be marked for denial, seconded by Alderman Bernstein. Voice vote, motion denied. Ordinance 127-0-08 — Amends the Text of the Zonine Ordinance by Adding Section 6-15-15, "oWE West Evanston Overlay District" and Section 6-15-16. "WE 1 West Evanston Transitional District" — Consideration of a Plan Commission recommendation, introduced January 12, 2009, for approval of text amendments to the Zoning Ordinance to add a new zoning district "WE1—West Evanston Transitional District" and a new overlay district "oWE—West Evanston Overlay District" to Chapter 15—Special Purpose and Overlay Districts. Alderman Jean -Baptiste asked to have the item take off the Consent Agenda because there were some questions raised by staff and Sue Guderley has prepared a statement addressing each concern, and the points are also relevant to P7. He wanted to consider both together. Alderman Moran then moved approval of Ordinances 127-0-08 and 128-0-08. Seconded by Alderman Jean -Baptiste. Ordinance 128-0-08 — Amends the Zonine Map to Re -zone Certain Pronerties Pursuant to the West Evanston Physical Planning and Urban Infill Design Master Plan — Consideration of a Plan Commission recommendation, introduced January 12, 2009, for approval of map amendments to change the base zoning district designations for several properties within the West Evanston Plan area as specified in the West Evanston Plan Zoning Implementation document, Base Zoning District Changes map and to designate properties currently within the West Evanston Plan area to be included in the oWE West Evanston Overlay District as specified in the West Evanston Plan Zoning Implementation document, West Evanston Zoning Overlay map. Sue Guderley then began speaking on the questions that were raised by staff concerning the proposal and its overlay project. She read a document submitted by Betty Sue Ester in response to additional comments as follows: Additional comments and questions regarding the West Evanston Zoning Overlay and related zoning amendments have been received from Betty Sue Ester. Staff has reviewed these and provides responses below. Page 5 of 9 January 26, 2009 + That Iconic Building and tower on building on corner where the streets intersection be eliminated. RESPONSE: As now proposed, the establishment of an Iconic building would still need to proceed through the Special Use process. This means that if the location proposed cannot meet the standards for a Special Use, the ZBA or Council could deny the request. The overlay limits Iconic buildings to corner locations because it is a way to prevent 'their intrusion into the heart of a residential block. • The elimination of the coach house. RESPONSE: The term "Coach House" does not appear anywhere in the proposed zoning overlay text or related zoning amendments. However, there is the option to establish an accessory dwelling in the upper level of the detached garage allowed for the Small Lot Single Family and Type I Town homes. These are the only units which have enough site area for a detached garage. The notion of an accessory unit is proposed as a way to introduce a small dwelling option which could serve as a rental unit or as an "in-law" unit for a family member. It is just one part of the Master Plan's strategy to introduce smaller, more affordable living options into a range of housing types. Similar to a two -flat, it may also provide a way for some home owners to get into the housing market, by subsidizing their mortgage payments. • If not removing the coach house; then address the issues of which way the front door of the coach house face and will the coach house have front and back yards. (The issue of affordable housing was address about the Farr's representative in term of having a small coach house in back of a big house in front. There was no language as to where the front door would face (the alley or the back of the big house —not address in the answer give to us on January 6, 2009). RESPONSE: See answer above regarding the actual terminology applied to the accessory dwellings and to providing front/rear yards. The orientation of accessory units' front doors is not regulated by the overlay, because they do not take direct access on the public way. Other site considerations, including fire and building code concerns, should be used to address the number and location of accessory units' entrances/exits. • Add the text that new light manufacturing, light industrial, and commercial uses are permit in a manner that minimizes adverse effects on nearby properties— like staff stated at the January 6, 2009 meeting. RESPONSE: Only existing industrial and commercial uses located within the WE1, West Evanston Transitional District may expand. Section 6-15-16-6 regulates expansion or reconstruction activities of any existing use, including consideration of off -site impacts. The Council may wish to amend the introductory language of Section 6-15-16-6 (A) to read: "Existing Uses may only be expanded, structurally altered, or reconstructed in a manner which minimizes adverse imoacts on adjacent proDerties and if: (new language underlined and in italics) • Why have new text when there is language in the code (they are reference in the new text) see 6-15-16 WE1 West Evanston Transitional District --- The language in 6-15-16 refer the reader to the regulation for the I2, B2, C2, and R4 since any permit use in these sections are permitted in the WE1-B2 and WE1-114. It then sends you to Chapter 6-15-15 "West Evanston Zoning Overlay District" which deals with building heights, material and the like. So, why allow the permit use in I2, B2, C2 and R4 when it is 6-15-15 says the permitted and special uses allowed in the B3, R4, and R5 zoning districts shall be allowed in the Overlay District; RESPONSE: The WE1, West Evanston Transitional District's language reflects its role in assisting the City and four existing commercial and industrial properties in making the transition from their current uses to those envisioned by the West Evanston Master Plan. The text of the WE1 West Evanston Transitional District makes references to the R4 and 132 Districts whenever it is also referring to the West Evanston Master Plan and overlay and the properties eventual redevelopment. These two districts best match the uses proposed by the West Evanston Master Plan and were selected for use elsewhere as the underlying zoning for parcels within the West Evanston Zoning Overlay. The underlying zoning designation primarily determines the uses allowed within the planning area. Those parcels which have been designated WE-132 (one of two new underlying zoning districts created by WEI) were originally proposed for underlying 132 zoning. The parcels designated WE-R4 (the other new underlying zoning district created by WE1) were proposed originally for underlying R4 zoning. Page 6 of 9 January 26, 2009 References to I2 and C2 by the WE text relate specifically to the existing uses on the Buffalo Joe's, Cahill, National Awards and the Robinson Bus Office site and parking lot properties. The WE1 text refers to sub -sections of the I2 and C2 District regulations to specify Permitted Uses and Special Uses (only allowing the continuation of the existing use or Special Use as of the date of adoption of the ordinance or of a similar type and intensity as determined by the Zoning Administrator). Additional references are also made to I2 and C2 with regard to the requirements to be placed upon any expansion, alteration or reconstruction of the existing uses that are permitted to continue in the WE 1 district. Section 6-15-15 West Evanston Zoning Overlay for Redevelopment Areas on page 5, 8 and page 25 it is not clear as to which section is controlling which sections. Is it 6-15-15, 6-15-16 or 6-16-16 and where is the text for 6-16-16. Why is the underlying B-2 base zoning which have a higher height than 42 feet? RESPONSE: The provisions of the West Evanston Zoning Overlay, 6-15-15, serve as a supplement to all of the other requirements of the Zoning Ordinance. If there is a conflict between the overlay regulations and those applicable to the uses or development standards in the underlying B2, R4 and R5 zoning districts, the provisions of the overlay shall control. Where a conflict or inconsistency exists between the provisions of the oWE, West Evanston Zoning Overlay, and WE I, West Evanston Transition District (6-15-16), the latter shall control. Therefore, any expansion, alteration and reconstruction of existing permitted uses within one of the WE 1 zoned properties is limited to a maximum height of 40' rather than the maximum permitted by the overlay. However, upon discontinuation of the existing use and the site's redevelopment, the development standards — including maximum height- stipulated by the overlay shall control. Reference to 6-16-16 on page 5 is a typographic error and should read 6-15-16. Ms. Ester's is to be commended in identifying this error and it should be addressed in the Council's future action. Alderman Jean -Baptiste moved that the amendments be approved, seconded by Alderman Bernstein. Mayor Morton then called for a voice vote and it was unanimous. • If the use allowed in B3, R4, and R5 zoning districts shall be allowed in the Overlay District, it is not clear as to how a building at a height of 85 feet cannot happen when there are so many exception in the City Zoning Code. RESPONSE: There is no B3 zoning proposed within the area defined by West Evanston zoning overlay — the only underlying zoning districts within the area under consideration are R4, R5, B2, WE1-B2,and WE1-R4. Additionally, it is not the underlying zoning which regulates maximum permitted height, but the building type standards established by the overlay district. The greatest maximum height permitted by the West Evanston Overlay is that for the Mixed -Use Building which may be 4 stories or 57' tall. When will the revised West Evanston Plan Zoning Implementation (Section 6-15-16 WEI West Evanston Transitional District and Section 6-15-15 West Evanston Zoning Overlay for Redevelopment Areas which Staff made since it posting to the City Web Site on June 23, 2008 for the public to review RESPONSE: It was placed on the Zoning Department's site on Friday, January 23`d I went through the entire City Code to find the regulation that 1) would allow the non -confirming building to be rebuilding (Mrs. Prudden owner of Buffalo Joe's) (6-6-3-8 and 6-3-2) RESPONSE: Buffalo Joe's is a Type 2 (fast food/takeout) restaurant currently operating under a Special Use permit which applies to its existing site. With its proposed WE1-R4 underlying zoning, this restaurant could be expanded, altered or reconstructed provided it complied with all requirements set forth in Section 6-15-16-6 (A), which includes by reference those applicable to uses in the C2 district pursuant to Sections 6-10-1 and 6-10-4. Any expansion would also need to comply with any applicable requirements of its Special Use Permit, the Health Code and undergo SPAARC review. Buffalo Joe's owners also own property adjacent to its current site. If they wish to expand the restaurant onto these properties, they would also need to seek an amended special use permit for the enlarged site. This would be obtained pursuant to Chapter 6- 3-5 of the Zoning Ordinance or the special use is approved by the Zoning Administrator pursuant to subsection 6-3-5-16 Page 7 of 9 ry� January 26, 2009 • The Administrative Staff power is not clear in the new text and seem to be in conflict with existent code on administrative Staff The 6-3-1-2: ZONING ADMINISTRATOR section said that the administrative staff decides minor variation. Section 6- 15-16 will allow administrative staff to decide major variation. RESPONSE: The West Evanston zoning amendments do not propose any changes to the administrative powers of the Zoning Administrator. The administration powers of the Zoning Administrator would remain identical to those currently set forth in Section 6-3-1-2, including any relating to Major Variances. • I did not find any text that dealt with developers compensating building owners and residents for all structural damage incurred to buildings, homes, and the relocation of residents (rental tenants) as a result of such damage. RESPONSE: That is addressed by the City's Building Code. Section 3307 of the International Building Code requires that adjoining public and private property shall be protected from damage during construction, remodeling and demolition activities. Roll Call. Voting aye — Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay — none. Motion carried (9-0) Ordinance 7-0-09 — Former Kendall College Site — Ordinance Removes Conditions on Extension of Planned Develonment — Consideration of a request from Smithfield Properties XXXII, LLC, property owner and applicant, introduced January 12, 2009, to grant amendments to the planned development (85-0-06) to be constructed on the former site of Kendall College, located between Orrington Ave., Colfax St., Sherman Ave., and Lincoln St. These amendments will remove certain conditions. Alderman Wollin spoke to Ron at Smithfield and they have a landscaper and are in compliance with doing all he has to do, he has been removing the snow and when it lifts he will survey the property and she is confident that he will do what he said so she moved for approval. Alderman Bernstein wanted to make sure we will be taking care of the protrusions. Alderman Hohnes said the depression is on the sidewalk and isn't that (the sidewalk) the City's responsibility? Mr. Steve Freedman who represents Smithfield Properties stated the Ordinance already calls for it and all of the conditions are there and we will comply. Alderman Moran complimented the Smithfield team for mowing and shoveling snow. Alderman Bernstein is concerned about the safety of the field and that Property Standards have control of the situation. Alderman Rainey thinks it strange that people are saying things are sticking out of the ground and if so it need to be taken care of. Alderman Moran moved approval of ordinance 7-0-09. Seconded by Alderman Wollin. Roll Call. Voting aye — Jean -Baptiste, Wynne, Bernstein, Hohnes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay — none. Motion carried (9-0) Alderman Jean -Baptiste wanted to recognize the work of Lesley Overholster of Fun Associates, who was the planner and she also won an award for the plan. Ordinance 134-0-08 — Amends Section 5-2-5 of City Code — Lodging Establishment License Fee — Consideration of proposed Ordinance 134-0-08, introduced December 8, 2008, which increases fees to raise rooming house fees from $26.00 per roomer to $36.00 per roomer to help cover the cost of the required annual inspection. Alderman Moran on behalf of the committee moved for approval, seconded by Alderman Holmes. Alderman Moran stated he will not vote for this item and similarly for the hotels. Alderman Bernstein will also vote against it because of the wording "roomer." Alderman Jean -Baptiste stated there is an equal protection statement that if you do for one you must do to the other. He asked legal for the documentation, they could not find it so he asked for further clarification. Interim First Asst. Corporation Counsel Elke Purze stated this was a local taxation issue and the equal protection of the 14'h Amendment to the U.S. Constitution so as the Illinois requirements that all taxes shall be Page 8 of 9 )$? January 26, 2009 uniform on the same type of subjects, she also asked to give them time to make sure we are on sound footing. Alderman Holmes said we should look,at having the Ordinance changed. Alderman Jean -Baptiste moved to table. The item was tabled at the request of two Aldermen. Mayor called for a voice vote and all were in agreement, so ordered the item was tabled. HUMAN SERVICES COMMITTEE: Ordinance 5-0-09 — Amends Sections 3-25-1 and 3-25-6 of the Citv Code to Permit "Now We're Cooking"' in the Farmers' Market to be Permanent — Consideration of proposed Ordinance 5-0-09, introduced January 12, 2009, which amends Sections 3-25-1 and 3-25-6 of the City Code to have "Cookine Demonstrations" become a permanent event at the Farmers' Market, instead of "Now We're Cooking." Alderman Bernstein he didn't think we could do this legally, others should have the same opportunity to supply the same service. He remarked that we gave them the opportunity to explore the concept. Alderman Holmes moved approval of Ordinance 5-0-09 as amended. Seconded by Alderman Jean -Baptiste, Roll Call: Voting aye: Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay - none. Motion carried (9-0) CALL OF THE WARDS: 2"d Ward. Alderman Jean -Baptiste — Washington was a blast. He represented Council and it was a privilege to be there. 3d Ward. Alderman Wynne - I wasn't there but wished she were and also thanked Mr. Burke for his service to the City. On February 5`h will be the Sheridan Road Public meeting 6pm — 9pm in the Parasol Room. 41h Ward. Alderman Bernstein — Invited all the candidates to come and share their ideas for the budget process. Congratulations to President Obama. 51h Ward. Alderman Holmes — no report. 61h Ward. Alderman Moran — no report 71h Ward. Alderman Tisdahl — no report grh Ward. Alderman Rainey — also thanked Mr. Burke. She invited people to Skokie courtroom 106 at 9am and praised Brummel Park Neighbors. She also requested a City annual Bike ?he Ridge event. 9th Ward. Alderman Hansen — she, too, complimented Mr. Burke on his knowledge. She appreciates citizen comments and welcomed them to come. 1" Ward. Alderman Wollin — she added her best wishes to Mr. Burke as well, and she stated that Oakton Community College is giving free tuition for 12 hours in 5 distinct areas for people who have lost their jobs. Most of the courses can be completed in one semester. Email the college at careerservices@oakton.edu, the program is called "Reboot Your Career." Try to fit in your schedule the Northwestern student open play of "The Wizard of OZ." There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 11:35 p.m. Respectfully submitted, Rodney Greene, City Clerk A DVD recording of this meeting has been made part of the Permanent Record and is available in the City Clerk's office. Page 9 of 9 1 1 1