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HomeMy WebLinkAboutMINUTES-2008-05-12-2008OF EV� S� U O� CITY COUNCIL * May 12, 2008 n�kCo. �pk� ROLL CALL — PRESENT: Alderman Wollin Alderman Holmes Alderman Jean -Baptiste Alderman Moran Alderman Wynne Alderman Tisdahl A Quorum was present. Alderman Bernstein Alderman Rainey ABSENT: Alderman Hansen PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton on Monday, May 12, 2008, at 8:35 p.m. in the Council Chamber. MAYORAL ANNOUNCEMENTS: Mayor Morton stated with the resignation of City Manager Julia Carroll due to illness, Rolanda Russell has accepted the position of Interim City Manager. Mayor Morton announced the presentation of the National Citizen Survey was postponed. Mayor Morton proclaimed National Public Works Week May 18-24, 2008 and May 12-16, 2008 National Volunteer Week COMMUNICATIONS: None CITIZEN COMMENT: Dickelle Fonda, 1220 Darrow Ave., 28-year resident, supported the Resolution in Opposition to U.S. Military Intervention or use of Force in Iran, a collaborative effort of the North Shore Coalition for Peace and Justice and the"No More Iran" coalition. A similar advisory resolution will be presented to the Chicago City Council tomorrow. The resolution makes visual the opposition to such an attack by the North American public, in particular, Evanston, and to our elected leaders. An attack on Iran could bring serious political consequences. If City Council chooses to pass this resolution, Congresswoman Jan Schakowsky will share it with colleagues in Washington, D.C. She, then, addressed citizens who believe that local government has no place in foreign policy. To show that, she pointed to the enormous burden the current occupation in Iraq has cost citizens in lives disrupted and what economists call "opportunity costs." In other words, what could be done with the funds used for a war? To date, more than $200 million has come from Evanston alone. The cost of an attack on Iran could be much worse. A number of cities in the United States are passing similar resolutions. Evanston's City Council has taken progressive stances on a number of issues. They believe that a functioning democracy must have open discussions on matters of national priority, particularly those with devastating consequences. She asked Council to think globally and act locally; pass this resolution and let Evanston stand as a city of peace. Hamid Nafilv. 905 Forest Ave., three-year resident who teaches at Northwestern University, supported the resolution opposing force in Iran. Over the years, the U.S. has accused Iran of hostage -taking, terrorism within and outside its territory; supporting terrorists groups in Lebanon, Palestine and now in Iraq; and the intent to develop nuclear weapons. Iran, in turn, accused the U.S. of intruding in the 1950s and masterminding various boycotts, sanctions and blockades; fomenting ethnic unrest among Kurds and Arab ethnic minorities inside Iran and funding terrorist activities inside and outside Iran to destabilize the Islamic regime. In the nearly 30 years since the relationship between the U.S. and Iran 2 May 12, 2008 soured, there has not been an open and sincere attempt to normalize diplomatic relationships between these two countries in which each plays an important role to achieve global peace. Instead, it is only in covert and unverifiable meetings (third party discussions) that the two nations have played high -risk diplomatic poker, which destroys any chance of transparency, reliability or accountability. It is against this history of mutual distrust and hostility that the news of a threatened unilateral pre-emptive military strike against the Iranian regime and nuclear energy plants by either the U.S. or Israel have emerged. It is against this pre-emptive aggression based upon politicized and manipulated intelligence and diplomacy that he takes a stand. Mr. Nafily urged that this nation not be stampeded by a similar set of ideologically motivated lies, disinformation and propaganda that led to the folly of the U.S. ill-considered, ill -managed and ill - supported invasion and occupation of Palestine and Iraq. It is almost inconceivable that any foreign nation could do as much damage to the U.S. in terms of loss of human life, squandering of national wealth, demoralization of the population, destruction of our international prestige and sullying of our moral authority than has been done by the current administration in its pursuit of ideological politics. We do not need another hoplessly destabilized country in the Middle East. We do not want to create yet another failed state sunk in the violent chaos of ethnic, religious and political turmoil. The threat of a pre-emptive strike and military action only strengthens the most repressive elements in Iran and creates a situation where social and economic progress, however slow; stability, however imperfect; is replaced by massive destruction. We must not create a new generation of furious, grieving, hopeless, and poverty-stricken individuals adrift in a world torn apart and ripe for recruitment into fanatical anti-American organizations. The insane politics of escalation must cease. The only true solution lies in beginning good -faith negotiations aimed toward establishing common human goals, security, respect and justice. Only then can peace finally become a reality. He urged passage of the resolution. Williams Irons. 2604 Payne St., 25-year resident, anthropology professor at Northwestern University for 33 years who spent 44 months in Iran in the 1960s and 1970s on three research trips. He became acquainted with a wide range of citizens and now has e-mail contact with their grandchildren. The level of education has increased vastly. He has a familiarity with Iranian citizens that most Evanstonians don't have. Iran is a much larger and more sophisticated country than either Iraq or Afghanistan. Destabilizing this country would be a bigger disaster, if that is possible. Iran is a country that is ripe for moving toward democracy. There is a strong pro -democratic movement. The majority of university students are women. There is progress in Iran with a president who was a reformer. But under President Bush, the U.S. has defined Iran as part of an "axis of evil" that pushed them to a more conservative and militaristic position as the 9/11 attacks caused the United States to go to a more militaristic position. To further the trend ofpushing each country away from the other, encouraging hostility is not the best thing to do from any viewpoint. What we should do is open diplomatic channels with Iran and try to negotiate a peaceful relationship that could help with the messes the U.S. has created in Iraq and Afghanistan. We should be trying to open channels of communication. Iran could be an ally. There is no reason for hostility between the U.S. and Iran. He urged adoption of the resolution. Bob Atkins. 2005 Orrington Ave., 40-year resident, stated the resolution on Iran has nothing to do with funding police/fire pensions, the proposed downtown tower, filling staff positions or raising parking fees. Instead, it is a hyper - partisan effort purporting to express the will of the people of Evanston with respect to future foreign trade and foreign policy with Iran and Iraq. In all due respect, Council members were not elected to debate and pass resolutions bearing on future military options and strategies or pass resolutions, which officially put our diverse community in a partisan political uniform many choose not to wear. He urged them to look at the language of this unnecessary, ill-conceived resolution. It urges our congressional representative to tell her colleagues that it is "the will of the people of Evanston" that no military operations be launched against Iran; that there be no funding of military operations against Iran; that this and the next administration be pressured to negotiate with Iran and to maintain pressure against any escalation of the Iraq War with more troops or extend the war into Iran. The "whereas clauses" are nothing more than excessive, self-serving political rhetoric devoid of factual support. These contested assertions do not justify passage of this resolution and some undisputable facts are in order. Iran is the world's chief state sponsor of terrorism, and it continues its deadly quest for nuclear weapons and the means to deliver them. Protected by a nuclear arsenal, Iran would be even more willing to sponsor terrorism attacks against perceived enemies, including the United States and Israel or to pass nuclear materials to allied terrorist networks. In this instance, proponents of this resolution rely upon the recent findings of the national intelligence estimate that Iran has given up its nuclear weapons program. However, the estimate also states, "we do not rule out that Iran has acquired nuclear weapons from abroad or fissile materials for a weapon." As Gary TerHolen, director of the independent Wisconsin Project on Nuclear Arms Control states: "The halting of Iran's secret weapons design in 2003 proves only that Iran made a tactical move. Its suspended work, if discovered, would unambiguously 3 May 12, 2008 reveal its intent to build a weapon. It has taken other work crucial to its ability to make a bomb and passed that off as having civilian applications." It is undisputable that Iran and the Revolutionary Guard have been waging a proxy war against U.S. and Iraqi troops and that hundreds of Americans have been murdered. Calling for tough economic sanctions is not an authorization for war. Sitting down with the Iranians and urging them not to pursue a nuclear weapons program or the among of Iraqi terrorists is doomed to fail unless we are prepared to act militarily. In 1938 Winston Churchill believed that Hitler could have been stopped at a relatively low price if England and France had not deceived themselves about the reality of the situation. We cannot afford to make the same mistake with a dangerous Iran in 2008. It should not be the business of the Evanston City Council, in his opinion, to debate and pass on foreign and military policy issues in the name of the people of this diverse community. There are scores of important issues facing our City that deserve the Council's attention and Iran policy is not one of them. For those reasons, he urged Council to vote down 25-R-08. Geoff Cordell. 9447 Hamlin, Skokie, 18-year resident, an Emeritus Professor of the University of Illinois, has been a researcher for 35 years. He quoted Samuel Johnson, 18t' century England "The use of traveling is to regulate the use of the imagination by reality, instead of thinking how things may be, to see them as they really are." This quote is one of the fundamentals of diplomacy — to go there and see how things really are. Another quote: "Ignorance breeds fear, fear breeds hate, hate breeds violence. A few weeks ago a presidential candidate committed to "total obliteration of Iran," if it attacked Israel with a nuclear weapon in the next 10 years. Obliterate means to remove from existence, destroy utterly all trace indication or significance of. That would be genocide of 71 million people. Iran is the 18'b largest country in the world. He described the hospitality and welcome he received in a trip to Iran in 1999. In October 2004 he was invited back to Iran and described a visit to izfahan, the city with the largest square in the world. He was invited back again to an international meeting. Even at this difficult time between the countries, he noted Iranians are reaching out. Iran has one of the most deeply artistic cultures in the world. He asked each to consider its rich history and civilization and to move forward with this resolution. Make us proud that Evanston can be counted as a city of civilization, humanity and peace. Mike Vasilko. 2728 Reese Ave., 18-year resident, is focusing on the budget, which is in dire straits. The only item relating to the budget is Resolution 41-R-08. With a shortfall of $140 million he did not understand how they could spend funds on non -essential programs. Could they reconsider this and other spending until the overall budget is resolved? Anva Cordell. 9447 Hamlin, Skokie, 18-year resident, is proud of kindred spirits that have bolstered her on social justice issues. Her work is at www.collatoralcompassion.org. She stated that every war requires a process of de -humanizing the victims. If an "other" is not created, it is impossible to justify collateral damage. From history all know that collateral damage happens on a horrifying scale. At the moment there are 4 million refugees created by the Iraq war and she hears no one crying for these people. Human beings are susceptible to a case being built against groups of people. At the moment Muslims are the "other" du jour. Cases are being developed from every direction about Muslims. She suggested that individuals make it their responsibility to cross bridges and reach out to Muslims. She knows Muslims with whom people can meet and become acquainted. She stated that a leader does not represent the people. No matter how outrageous comments are, it does not translate to the general population. She noted that the U.S. funded both Iran and Iraq during the Iran/Iraq War because the U.S. cared about neither. The hallmark of creating "other" is separation of people and misinformation. She recommended reading the book Persepolis or seeing the movie Persepolis. Richard Thalin. 824 Ridge Tr., 35-year resident, is a retired social ethics professor at Garrett Seminary where he taught for 25 years. He represented the North Shore Peace Initiative. He responded to a speaker who said it is none of the City Council's business to deal with issues that belong to Congress or the present administration. To do that people have to close their eyes whenever they go by a gas station and see what has happened to gasoline prices. It is not totally due to high demand, and not just about Iraq, but the instability created by the war and the demand for oil created by the war are factors. When the pressure for spending for war approaches a trillion dollars, it leads to a decline of federal resources for infrastructure, affordable housing, education, health care for children and wounded war veterans. The result is heavy pressure on the budgets of states and municipalities and a serious loss of elements considered essential to a good and just life. A military attack on Iran would make an even greater impact on the price and access to oil. He discussed the situation before the Iraq War started. The fear factor is being used to push the U.S. into war with Iran. People see dangers because they don't interact with the world. Evanston's peace community collected more than 9,000 signatures ofpeople against war with Iraq six months before it began. He believed they can trust the judgment of the Evanston community to sort out real evidence and fear. He supported the resolution toward changing the atmosphere of fear. �2_ ')__. cam) 4 May 12, 2008 Mimi Peterson. 748 Wesley Ave., was bom here and a resident for more than 40 years, read from a letter from Bob Atkins to Alderman Holmes, chair, Planning & Development Committee, who presided at the special meeting of May 7. Mr. Atkins contended that Alderman Holmes did not receive sound legal advice from a staff attorney when a motion to table followed the pending motion to reject the 708 Church Street project and was legally deficient. He stated the maker of the motion to table should not have been permitted to interrupt consideration and voting on the pending motion. He explained why this was not right by quoting Robert's Rules, Chapter VI, Section 17. Mr. Atkins urged the committee to remove the pending motion, debate and vote on the matter. John Bushnell, 1805 Crain St., 29-year resident, history professor at Northwestern University, spoke in favor of the resolution. All know that the overwhelming majority of people don't support an attack on Iran. The military high command speaks of an attack on Iran as insanity. The U.S. does not have the resources to attack. Danger is posed by the party in the White House. The administration has whipped up false evidence in order to invade Iraq and is attempting to do the same thing again. Iran does not have the capacity to attack the U.S. and does not have nuclear weapons now or in the future. There is no military basis for attacking Iran. It has supplied sophisticated explosives to some in Iraq and is working against the U.S. The frustration of the administration is normal because Iran has been the nominal winner. Since the U.S. does not have the ground forces, this would be a bombing campaign and would destroy any moral credibility the U.S. has in the world. He thought the real audience for this resolution is the Pentagon, which has to understand that they must not allow themselves to be bullied into taking military action unauthorized by Congress. They must say no. Thousands oppose this action. Let the generals know they must turn back on waging war on Iran. Dave Trinnel. 2204 Green Bay Rd., 50-year resident, said the case against attacking Iran has been made. It is a humanitarian case and appropriate for this elected body to weigh in on. He voted for his alderman to make his/her vote on this kind of issue and expects that to happen more in the future. Another example of this is the Evanston Food Policy Council, a group including City employees who are taking action on national and global issues. This is being done at the grassroots level. He is not a political expert and has sought out honorable journalists. That is why it is important that they . speak out so the mass media cannot ignore this important issue. Marcia Bernstein, 1213 Maple Ave., 11-year resident, said her family has owned businesses here for 70 years. She supported passage of the resolution. Yesterday was Mother's Day. She found, when raising children, that urging them to use words instead of hitting to solve problems is a better way. That is what the administration should be doing. The art of diplomacy is talking to your enemy and finding common ground. That is what Evanston needs to stand for as others have said, it is for our own humanity. We don't consider aggressive actions until we have exhausted all diplomatic avenues, which has not happened. She urged passage of the resolution. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Ordinance 67-0-08 — Decrease in Class D Liquor Licenses — Ruby of Siam; Ordinance 48-0-08 — Text Amendment — B 1 District Special Uses; Major Variance Request Denial —1233 Central St.; Ordinance 62-0-08 — Amends Existing Planned Development-1603/1629 Orrington Avenue; Resolution 27-R-08 — Agreement between 1603 Orrington Joint Venture and City of Evanston Regarding Orrington Avenue Parking Ramp; Resolution 25-R-08 — Opposes U.S. Military Intervention in Iran; and Ordinance 50-0-08 — Amends Various Sections of Title 9, Chapter 4 — "Dogs, Cats, Animals and Fowl." Seconded by Alderman Rainey. Roll call. Voting aye — Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey. Voting nay — none. Motion carried. (8-0). ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of April 28, 2008. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) 5 May 12, 2008 ADMINISTRATION & PUBLIC WORKS: * Approval, as recommended, City of Evanston payroll for the period May 1, 2008 and City of Evanston bills through May 13, 2008, as authorized and charged to the proper accounts: City of Evanston payroll (through 05/01/08) $2,309,029.94 City of Evanston bills (through 05/13/08) $2,132,083.30 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Recommend approval of the lowest responsible and responsive bid (09-08) for furnishing and delivering granular materials to DiPaolo Company (4350 DiPaolo Center, Glenview) in the amount of $72,700. Contract term is one year with an option for a one-year extension. Funded by the Water Fund ($29,200) and Sewer Fund ($43,500)* APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Recommend approval of a three-year on -call contract for material testing services for public works improvement projects to Great Lakes Soil and Environmental Consultants, Inc. (600 Territorial Dr., Bolingbrook) in the amount of $180,000 with a first -year payment not -to -exceed contract amount of $60,000. Funded by MFT/CIP Street Resurfacing, CIP Block Curb & Sidewalk, CIP Alley Paving and CDBG ADA Ramp programs. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) * Recommend approval to renew the sole -source contract for software license and service agreement with SunGard Public Sector (1000 Business Center Dr., Lake Mary, FL) for the Police Department's Computer Aided Dispatch System (CADS) in an amount of $33,825. Funded by the Emergency Telephone System budget. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) * Recommend approval to renew the sole -source contract service agreement with Motorola, Inc., for the Police Department's radio and E9-1-1 phone systems in the annual amount of $46,845.30. Funded by the Emergency Telephone System budget. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) * Recommend approval of Change Order No. 1 to the Illinois Department of Transportation (IDOT) contract with Benchmark Construction, Inc. (2260 Southwind Blvd., Bartlett, IL) for the Ridge Avenue Improvement Project. This change order will reduce the contract amount by $732,699.66 from $7,118,324.73 M $6,385,625.07. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Resolution 37-R-08 — Assumes Responsibility for Temnorary Closure of Sheridan Road for the Rickv Bvrdsone 5K Race - Consideration of proposed Resolution 37-R-08, which assumes responsibility for the temporary closure of Sheridan Road from Lincoln to Dempster streets and Forest Avenue from Sheridan Rd. to Greenwood St. for the 9`h Annual Ricky Byrdsong Memorial 5K Race Against Hate. Cost for the event is estimated at $5,000 for Police and Transportation staff, which will be reimbursed by the Ricky Byrdsong Foundation. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Resolution 41-R-08 — Authorizes the EPD's 2008 Summer Operational Plan — Consideration of proposed Resolution 41-R-08, which authorizes funding for the Police Department's 2008 Summer Operational Plan in the amount of $189,762. Funded by the JAG grant, $57,215; TIF funds, $29,327; and $103,220 from the General Fund. * APPROVED - CONSENT AGENDA MOTION & ROLL_ CALL (8-0) Police Chief Richard Eddington reported the most significant change is the adjustment of curfew hours and parents and students will need to adapt. These curfew hours match Chicago's to reduce confusion between the two cities. They are working with partners at the school districts and downtown theaters to get the word out to students and adjust movie start times so they don't have young people in conflict with curfew hours. The plan is standard for Evanston with additional 6 May 12, 2008 officers over the summer months to deal with the call levels dispersed throughout the City. Two citywide units and two downtown units will be added. An additional juvenile officer will be assigned to enforce the curfew and watch youths taken into custody as it is inappropriate for youth to be incarcerated. This change requires a more hands-on approach. * Ordinance 63-0-08 — Sale of Sumlus Pronertv — Consideration of proposed Ordinance 63-0-08, which declares various equipment and vehicles as surplus property to be sold at public auction at the Lake County Department of Transportation municipal public auction on June 7, 2008, in Libertyville. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 64-0-08 — Decrease Number of Class D Liquor Licenses — Consideration of proposed Ordinance 64-0-08, which amends Section 3-5-6(D) of the City Code to decrease the number of Class D Liquor Licenses from 23 to 22 due to the closing of Tacos del Lago (822 Clark St.). * MARKED INTRODUCED — CONSENT AGENDA PLANNING & DEVELOPMENT * Sidewalk Cafe for Tvpe 1 Restaurant — J.K. Sweet — Consideration of the Site Plan & Appearance Review Committee's recommendation to approve a sidewalk caf6 for J.K. Sweet, 720%z Clark Street. APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Sidewalk Cafe for Tvne 1 Restaurant — Blind Faith Caf6 - Consideration of the Site Plan & Appearance Review Committee's recommendation to approve a sidewalk cafe for Blind Faith Caf6, 525 Dempster Street. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Sidewalk Caf6 for Tvne 1 Restaurant — Ommagio Restaurant - Consideration of the Site Plan & Appearance Review Committee's recommendation to approve a sidewalk caf6 for Ommagio Restaurant, 1639 Orrington. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 32-0-08 — Plan Commission Recommendation for a Man Amendment & Planned Development at 708 Church St. — Consideration of a recommendation from the Plan Commission to rezone the property at 708 Church St. from D2, Downtown Retail Core Zoning District, to D3, Downtown Core Development District, and to grant a Planned Development on that site of a 49-story residential and retfi'l tower known as the "Fountain Square Development." (Revised plan is for a 38- story residential and retail tower.) TABLED IN COMMITTEE UNTIL COUNCIL ADOPTS THE DOWNTOWN PLAN. * Ordinance 35-0-08 — Zoning Ordinance Text Amendment — Solar Collectors — Consideration of the Plan Commission recommendation, introduced April 28, 2008, to approve text that amends Chapter 4 "General Provisions" to regulate Solar Collectors and Chapter 18 "Definitions" to add a definition for "Solar Collectors" in the Zoning Ordinance (Title 6 of the City Code). * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 59-0-08 — Maior Variance for Bethel AME Church Parking Lot — 1812 Lvons St. — Consideration of the Zoning Board of Appeals recommendation, introduced April 28, 2008, to approve a major variance request by Bethel AME Church to expand the existing parking lot. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (8-0) HUMAN SERVICES COMMITTEE * Approval of April 2008 Township Monthly Bills — Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of April 2008 in the amount of $91,530.31. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) 7 May 12, 2008 * Ordinance 56-0-08 — Amends Title 3. Chanter 16 of the Citv Code "Cigarettes and Tobacco Products" by Addine Section 3-16-13. "Sale of Improperly Packaged Tobacco Products Prohibited — Consideration of proposed Ordinance56-0-08, which amends Title 3, Chapter 16 of the City Code "Cigarettes and Tobacco Products" by adding Section 3-16-13, "Sale of Improperly Packaged Tobacco Products Prohibited," including the sale of individual cigarettes known as "loosies." MARKED INTRODUCED — CONSENT AGENDA *Ordinance 61-0-08 —Amends Sections of Title 3. Chapter 25 of the Citv Code "Farmers' Market" to Permit the Annual Home -Grown Artist Event — Consideration of proposed Ordinance 61-0-08, introduced April 28, 2008, which amends Sections 3-25-1 and 3-25-6 of the City Code to permit the "Annual Home Grown Artist Event" in the Farmers' Market to become a permanent event. ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (8-0) OTHER COMMITTEES * ADDroval of Fundine Reauests for Use of Evanston Plaza Neighborhood Improvement Fund — The Evanston Plaza Neighborhood Improvement Fund was established in 1999 as a result of a Sales Tax Sharing Agreement with the Joseph Freed Company. Neighborhood projects in the amount of $108,368 were recommended for funding by the Economic Development Committee during its meeting on April 30, 2008. The fund currently has a balance of $180,000 and will be fully funded when it reaches $200,000. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 60-0-08 — Amends the Redevelopment Agreement for the Dempster -Dodge ShoDDine Center (Evanston Plaza. LLC) — Consideration of proposed Ordinance 60-0-08, introduced April 28, 2008, which amends the Redevelopment Agreement adopted by Ordinance 132-0-99 in December 1999 and authorized a sales tax sharing agreement to support the redevelopment of the Dempster - Dodge Shopping Center by the Joseph Freed Company. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 68-0-08 — Amends Title 9. Chapter 10 of the Citv Code. "Emergencv Services and Disaster Agencies" — Consideration of proposed Ordinance 68-0-08, which would amend the City Code by enacting a new Title 9, Chapter 10, "Office of Emergency Preparedness." * MARKED INTRODUCED — CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Ordinance 67-0-08 — Decrease Number of Class D Liauor Licenses — Consideration of proposed Ordinance 67-0-08, which amends Section 3-5-6(D) of the City Code to decrease the number of Class D Liquor Licenses from 22 to 21 due to the license expiration of Ruby of Siam (1125 Emerson St.) Alderman Jean -Baptiste asked that Ordinance 67-0-08 be marked introduced. The new owner of Ruby of Siam did not qualify for a liquor license because he is not a citizen of the United States. Assistant to the City Manager Gavin Morgan clarified at the committee meeting that the State of Illinois policy is a permanent resident may hold a liquor license. The committee made a reference to the Liquor Commissioner to make the City's policy consistent with the State of Illinois policy. PLANNING & DEVELOPMENT Ordinance 48-0-08 — Text Amendment: B 1 District Special Uses Update — Consideration of the Plan Commission recommendation to approve the Text Amendment to the B 1 District Special Use category 8 May 12, 2008 to add "Single -Family Detached" as a special use in the Zoning Ordinance (Title 6). Alderman Holmes stated that staff reported this ordinance was in violation of equal protection. Alderman Holmes asked that Ordinance 48-0-08 be marked introduced. Major Variance Reauest Denial for 1233 Central St. (Baha'i Parkine Lot) — Consideration of the Zoning Board of Appeals denial for a major variation at the Baha'i parking lot (1233 Central St.). This is a request for a relief of conditions from a previous variance Ordinance 72-0-63. Alderman Holmes reported that this item was held in committee and will be on the June 23, 2008 agenda. Ordinance 62-0-08 — Amends Existing Planned Development at 1603/1629 Orrineton Avenue in the D3 Downtown Core Development District — Consideration of a staff recommendation to grant an amendment to the existing Planned Development at 1603 and 1629 Orrington Avenue. Alderman Holmes asked that Ordinance 62-0-08 be marked introduced. Alderman Moran noted this item was previously before Council and he voted against it. He opposed extending the ability to carry out the proposal until 2010. Alderman Moran also objected to a $1,250,000 payment for relocation ofthe access ramp to the parking lot at 1603 Orrington (Resolution 27-R-08). If the project goes forward, the ramp will have to be moved, but he did not think the City should have to pay for it. Resolution 27-R-08 — Agreement between 1603 Orrington Joint Venture of Lowe Entemrises and Golub & Conwanv and the Citv of Evanston regarding the Orrington Avenue Parking Ramp — Consideration of a staff recommendation to authorize the Interim City Manager to enter into a Redevelopment Agreement with the 1603 Partnership to provide partial funding for relocation of the access ramp at 1603 Orrington Avenue. Alderman Holmes asked that Resolution 27-R-08 be marked introduced. This item was held at Council and willbe on the May 27, 2008 agenda. HUMAN SERVICES COMMITTEE Resolution 25-R-08 — Calls for Opposition to U.S. Military Intervention or Use of Force in Iran — Consideration of proposed Resolution 25-R-08, which urges congressional representatives not to launch military operations against Iran, to enact a congressional action to prevent funding for any military operations, to pressure the Administration and the next Administration to negotiate with Iran without threat of military action, to maintain pressure against any escalation of the Iraq War. Alderman Jean -Baptiste moved approval of Resolution 25-R-08. Seconded by Alderman Wynne. Alderman Moran opposed passage of this resolution. His opposition had little to do with whether peace is maintained between the United States and Iran. He noted that this rather broad direction to the federal government is not within the provenance of the City Council. He respected the various speakers who support the proposed resolution and the spirit of the recommendation is a worthy one. Hopefully it can be accomplished. As a City Council they don't have a sufficient basis to make these recommendations to the administration and Congress. He thought Council should stick to City business, thus he could not vote for the resolution. Voice vote, motion carried. Ordinance 50-0-08 — Amends Various Sections of Title 9. Chapter 4 of the Citv Code. "Dogs. Cats. Animals, and Fowl" — Consideration of proposed Ordinance 50-0-08, which would require a pen or structure to have a concrete bottom, require an insurance policy to be separate from homeowners, 9 May 12, 2008 dangerous dogs to be spayed/neutered and micro -chipped at the owner's expense and limit the time to 10 (ten) days to file a written request for appeal. State law has changed that if an animal is not current on rabies shots, it now requires a mandatory 10 (ten) day impoundment at a licensed veterinarian. Alderman Holmes asked that Ordinance 50-0-08 be marked introduced. Mayor Morton noted this is the last meeting for retiring City Clerk Mary Morris. She expressed gratitude for all that she has done for citizens and staff; has never turned down a request and has received many from her. Ms. Morris has consulted the statutes many times and did it with a smile. People were glad to have her here, especially during election time. She said Mary Morris will be missed and hoped she would stay. CALL OF THE WARDS: 1" Ward. Alderman Wollin reported receiving many calls about the new AT&T boxes that are popping up around town. Many residents don't realize that AT&T won the court case to install light boxes — 119 in all, on Evanston's right-of- ways. A small landscaping budget is available. Residents can call Senior Engineer Sat Nagar in the Engineering Division about obtaining landscaping funds. She thanked Mary Morris for her many years of service and diligence, especially with voter registration; thanked her for the extra hours and reaching out to the high school, community, and deputy registrars to get people registered to vote. Ms. Wollin noted Ms. Morris' dedication to the City and assistance to Council members on technicalities. 2°d Ward. Alderman Jean -Baptiste wished Mary Morris good luck and good health in retirement and welcomed her to come back to share her opinion and advice with Council. He reported that the AT&T boxes are appearing in the 2°d Ward, too. It seemed that they ought to have more policing authority on where the boxes are placed. A constituent called because one was placed in front of her home labeled "high voltage". Alderman Jean -Baptiste suggested that AT&T be contacted immediately and that the Law Department try to negotiate placement of the boxes. Alderman Jean -Baptiste announced a joint meeting of the 2°d and 5 h wards with Alderman Holmes at 7:00 p.m. Thursday, May 15 at Fleetwood-Jourdain Community Center to address the West Side Plan. It has been slow getting the zoning component worked on by the Plan Commission. The purpose of the meeting is to hear community concerns and move the process forward. 3`d Ward. Alderman Wynne reported many AT&T boxes in the P Ward with a high voltage box in front of Lincoln School. She understood that the City has, limited choice as to where the boxes are placed. Alderman Wynne announced a 3rd Ward Town Hall meeting Saturday, May 17, 10:00-11:30 a.m. at Lincoln School. She thanked City Clerk Mary Morris for all of her tremendously good work for the 11 years she has been on Council. Her professionalism, thoroughness and dedication to this position has benefited everyone in Evanston. She wished Ms. Morris good health and a happy retirement. 41h Ward. Alderman Bernstein said that Mary Morris has been a wonderful City Clerk and friend to the citizens of Evanston and particularly to him. She will be missed and her grandchildren are gaining from their loss. Alderman Bernstein noted that neighbor Vincent Foreman had passed away. His son Richard has pictures at the Noyes Cultural Arts Center and his wife Victoria, was at the YMCA for years and now teaches. Mr. Foreman will be missed. 51h Ward. Alderman Holmes stated that Mary Morris has been nothing but kind and consistent from her three years on Council. She appreciated all that Ms. Morris has done and wished her the best. Alderman Holmes also announced the joint meeting of the 2°d and 5`h wards on May 15 and urged residents to attend. 10 May 12, 2008 Ms. Holmes announced on June 14 there would be a West End Market at Church and Dodge. She congratulated Boo Coo and Daniel Chavis on receiving the Network for Evanston's Future award at its annual meeting at the JRC Synagogue. Alderman Holmes announced that Dara Timor is the artist who designed the City's 2009 vehicle sticker. Last weekend she was in Champaign -Urbana for the graduation of her granddaughter from the University of Illinois. Mayor Morton said her granddaughter Constance had graduated from the University of Illinois/Chicago last Sunday. 61h Ward. Alderman Moran wished Mary Morris the best in retirement; said it has been a pleasure to work with her. He found that Ms. Morris to be a delightful and thoughtful person who is very interested in local government. He thanked her for her years of service. Alderman Moran wished Julia Carroll the best and hoped she has a quick recovery. He thanked her for all the courage and strength she demonstrated during her tenure here and the many initiatives that were a product of her work. He thanked Rolanda Russell for accepting the position of Interim City Manager; had utmost faith that she will do a wonderful job and looked forward to working with her. 7`' Ward. Alderman Tisdahl thanked Ms. Morris for being professional and personifying what is best in a public servant, making Council proud and to have her as a model. She was grateful for everything that Ms. Morris has done for the City and for her personally. She wished her the best of grand parenting and a wonderful retirement. She wished Julia Carroll good health and welcomed Rolanda Russell. 8`h Ward. Alderman Rainey remembered the middle of the night when Mary Morris was called and asked to run for City Clerk. There was not much time to pass the petitions to meet the deadline. Ms. Morris is entitled to retire and will have a great time. She appreciated her service to the City. City Clerk Morris described her time as years of learning and answering all kinds of questions. She found being City Clerk an exciting task and said it was a privilege to serve. At 10:25 p.m Alderman Bernstein moved to convene into Executive Session to discuss matters related to personnel, real estate and closed session minutes pursuant to 5 Illinois Compiled Statutes 120/2 ( c) (1), (6), (11) and (21) as follows: 2. All meetings of public bodies shall be public meetings except for the following: (1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. (6) The setting of a price for sale or lease of property owned by the public body. (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section2.06. Seconded by Alderman Jean -Baptiste. Roll call. Voting aye — Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey. Voting nay — none. Motion carried. (8-0). There being no further business to come before the Council, Alderman Bernstein asked for a motion to adjourn and the Council so moved at 11:25 p.m. Mary P. Morris, City Clerk A videotape recording of this meeting has been made part of the Permanent record and is available in the City Clerk's office.