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HomeMy WebLinkAboutMINUTES-2007-11-26-20071© Op EVq� CITY COUNCIL * * November 26, 2007 O �kca � ROLL CALL — PRESENT: Alderman Wynne Alderman Tisdahl Alderman Bernstein Alderman Rainey Alderman Holmes Alderman Hansen A Quorum was present. Alderman Moran Alderman Wollin ABSENT: Alderman Jean -Baptiste PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton on Monday, November 26, 2007, at 8:48 p.m. in the Council Chamber. MAYORAL ANNOUNCEMENTS: Mayor Morton proclaimed November 26-30, 2007 School Psychology Week Tuesday, December 4, 2007 Cancer Survivor Beauty and Support Day Residents can get a list of participating spas at the Kellogg Cancer Care Center at Evanston Hospital or by calling Adelita Hernandez at 847-866-2959 at the City. CITY MANAGER ANNOUNCEMENTS: Public Works Director David Jennings announced that street cleaning would end Friday, November 30 and that snow season would begin Saturday, December 1. This information is on the city's website www.cityofevanston.org. Mr. Jennings said that yard waste pickups would continue on regular refuse/recycling collection days until December 13. Special Presentation — Evanston Firefighters Association Fire OPS 101 Program Marty Rafacz, with Local 742, Political Action Committee, stated in October they had a program titled Fire OPS 101 for Council members, media and others to come out for a day and see what firefighters do. Three aldermen attended. Certificates of completion were presented to Aldermen Cheryl Wollin, Ann Rainey and Liz Tisdahl. Alderman Tisdahl participated in the events including climbing a ladder to a 6`h floor. Aldermen Rainey and Wollin contributed the fire department helmets they received to the Evanston Fire Department. COMMUNICATIONS: City Clerk Mary P. Morris announced that the applications for absentee voting by mail had been received in the Clerk's office and were available to residents. Applications are also available on the web at voterinfomet.com. CITIZEN COMMENT: Doree Stein. 505 Hinman Ave., was concerned about the City's administrative hearing process. She participated in proceedings before Administrative Judge William Jackson on November 13. A young woman, who worked at Wild Oats, had been let go. She was fined $500 for selling liquor to a minor. She is a minor herself and had to call a manager to 5j 2 November 26, 2007 check the IDs and handle the liquor. The police officer said she was part of the transaction, because she handed the change back and bagged the merchandise. She thought it was unfair to the young woman, who is a single parent. That same day, Ms. Stein came with Rafael Molinary, the City's mediator, who explained to the administrative judge that she had tried to mediate an issue with a neighbor, but the neighbor refused. Mr. Jackson was unaware of the City's mediation process. She was fined even though a subpoenaed police officer and another spoke on her behalf. The judge said the officer gave her a ticket and fined her because she was guilty. She asked why the City has administrative hearings. What kind of justice is it when every single person that day is found guilty? Why are they paying a City mediator? Her ticket was $50. She alleged the process is not fair. Mayor Morton said the records would be reviewed. Alderman Bernstein encouraged the City Manager to view the transcripts to see what occurred. Jean Esch, 930 Washington St., resident since 1944, is convinced a grave error was made when the City went from two aldermen per ward to one. The level of work that comes weekly is more than one person can handle and still come up with the perception and oversight that is the purpose of Council. Over the years budgets have gone up and up. Given the fact that Council has lacked the oversight that it needs, staff has been running the City, although there is nothing wrong with that. Council members need to know what is happening within the City and that has not been the case. She was told by one alderman that in addition to a Council meeting there were five additional committee meetings in one week. Aldermen are not full time and have other obligations. Another alderman used up 50 hours on City work. When she came to Evanston the 18 aldermen were, in general, business people. She could not discover how the Evanston Council went down to nine people. When she saw the amount of time spent on a beehive in somebody's yard, she told several aldermen they looked like fools. If she had a 14-year-old son who wanted a beehive, she would've helped him put it in and would not anticipate neighbors objecting. Honeybees are not out stinging, but collect pollen and make honey. Two beehives were put in Elks Park and removed because children could get into them. She served on the Council with Jack Korshak. They did not always agree but there were 16 others with whom she could talk and either agree or change her mind. She suggested this Council is being shortchanged. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Resolution 67-R-07 — Authorize the City Manager to establish a Municipal Line of Credit; and Ordinance 103-0-07 — 95-Day Extension of Downtown Moratorium. Seconded by Alderman Rainey. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay— none. Motion carried. (8-0). ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of November 12, 2007. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) ADMINISTRATION & PUBLIC WORKS: * Approval, as recommended, City of Evanston payroll for the period ending November 15, 2007 and City of Evanston bills through November 27, 2007, authorized and charged to the proper accounts: City of Evanston payroll (through 11/15/07) $2,417,391.79 City of Evanston bills (through 11/27/07) $4,241,552.06 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) EZ 3 November 26, 2007 * Recommend award of the 2007-08 salt supplier contract, by using the Township of Palatine's bid (a Northwest Municipal Conference member), to Morton Salt Company (123 N. Wacker Dr., Chicago) in the amount of $210,850 to purchase up to 5,000 tons of salt. Funded by the Snow and Ice Control Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Recommend award of professional services contract to T.Y. Lin International (200 N. Wacker Dr., Chicago) for the development of a citywide 20-year Multi -Modal Transportation Plan (RFQ 08-31) in the amount of $349,992. Funded as follows: $80,000 from Regional Transportation Authority, $80,000 from General Fund — Public Works and $189,992 from the CIP Multi -Modal Transportation Plan. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Recommend award of professional services contract to The Par Group Public Management Consultants, LLC (100 N. Waukegan Rd., Lake Bluff) to provide an executive search for the Community Development and Public Works directors (RFP 08-64) in an amount not -to -exceed $40,000. Funded by the Human Resources Recruitment Fund. * APPROVED - CONSENT AGENDA MOTION .AND ROLL CALL (8-0) * Approval of the sole -source purchase of 600 QL induction lighting units from Elcast Lighting (815 S. Kay Ave., Addison, IL) to complete the Tallmadge Streetlight Upgrade Project citywide in the amount of $159,798. Funded by the CIP Streetlight Upgrade Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 64-R-07 — Authorizes the Cite Manager to Execute a Joint Agreement with IDOT — Consideration of proposed Resolution 64-R-07, which authorizes the City Manager to execute a Joint Agreement with the Illinois Department of Transportation (IDOT) for the Emerson Street Bridge Replacement Project in the amount of $83,950. Funded by the following: $80,500 from the 2008 CIP Street Lighting and $3,450 from the 2008 Traffic Signal Upgrade funds. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 65-R-07 — Authorizes the City Manager to Execute a Joint Agreement with IDOT, — Consideration of proposed Resolution 65-R-07, which authorizes the City Manager to execute a Funding Resolution with the Illinois Department of Transportation (IDOT) for the Emerson Street Bridge Replacement Project in the amount of $83,950. Funded by the following: $80,500 from the 2008 CIP Street Lighting and $3,450 from the 2008 Traffic Signal Upgrade funds. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Ordinance 106-0-07 — Reduction of Class C Liouor Licenses — Consideration of Ordinance 106-0- 07, whereby the City of Evanston would amend the City Code to reduce the number of Class C liquor licenses from 24 to 23 due to the closing of Caf6 Luciano (2676 Green Bay Rd.). * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 100-0-07 - Citv of Evanston FY 2007-08 Tax Levy — Consideration of proposed Ordinance 100-0-07, introduced November 12, 2007, for the FY 2007-08 property tax levy for the General Fund, Police Pension Fund and Fire Pension fund. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (8-0). * Ordinance 101-0-07 — SSA #4 FY 2008-09 Tax Levy— Consideration of proposed Ordinance 101- 0-07, introduced November 12, 2007, for the FY 2008-09 property tax levy for the Special Service Area #4 taxing district in the Central Business District. * ADOPTED — CONSENT AGENDA. MOTION & ROLL CALL (8-0). * Ordinance 102-0-07 — Township FY 2007-08 Tax Levy — Consideration of proposed Ordinance 102-0-07, introduced November 12, 2007, for the FY 2007-08 property tax levy for Evanston Township. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (8-0). 53 4 November 26, 2007 HUMAN SERVICES COMMITTEE, * Ordinance 44-0-07 — Amends the Residential Landlord/Tenant Ordinance, — Consideration of Ordinance 44-0-077, introduced November 12, 2007, which would amend Section 5-3-2-A ofthe City Code to add the definition "Material Non -Compliance" and Section 5-3-10-A by requiring that a current copy of this ordinance be attached to every landlord/tenant written rental agreement and that there be an acknowledgement of receipt on the lease agreement. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (8-0). * Ordinance 15-0-06 — Amends Sections 7-10-1. "Desienation of Public Parks" and 7-10-8. "Permits of the Citv Code — Consideration of Ordinance 15-0-06, introduced March 27, 2006, which amends Title 7, Chapter 10 of the City Code ("City Parks") to address code conflicts in the current ordinance. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (8-0). OTHER COMMITTEES: * Ordinance 107-0-07 — EvMark SunDlemental Budget — Consideration of proposed Ordinance 107- 0-07, which authorizes payment to EvMark to finance the difference between the Special Service Area #4 tax levy and EvMark's 2008-09 budget. * MARKED INTRODUCED — CONSENT AGENDA, Alderman Wynne moved to Suspend the Rules in order to adopt an ordinance at the same meeting at which it was introduced. Seconded by Alderman Moran. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried. (8-0). Alderman Wynne moved approval of Ordinance 107-0-07. Seconded by Alderman Moran. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried. (8-0). APPOINTMENTS: * Mayor Morton asked that the following appointment be confirmed: Timothy M. Angell Housing Commission 1432 Wesley Ave. Tenn ending November 30, 2010 * Mayor Morton asked that the following re -appointment be confirmed: Betsi Burns Jacobsen Playground & Recreation Board 2408 Ridgeway Ave. Term ending November 30, 2012 * APPROVED — CONSENT AGENDA, REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS:, Resolution 67-R-07 — Authorize the Cite Manager to Establish a Municipal Line of Credit — Consideration of Resolution 67-R-07, which authorizes the City Manager to establish a Municipal Line Sq November 26, 2007 of Credit with (unknown bank) to assist with anticipated tax revenue delays in the amount of $15,000,000. Alderman Rainey explained that the City had looked at establishing a $15 million line of credit due to the delay in receipt of property tax revenue. Tax bills were mailed late and not due until December 3. However, money has started to come in, so this instrument is not required. Alderman Rainey moved to remove 67-R-07 from the agenda. The motion was seconded. Motion carried. No nays. PLANNING & DEVELOPMENT Ordinance 103-0-07 — 95-Dav Extension of the Downtown Moratorium— Consideration of Ordinance 103-0-07, which would extend by 95 days the moratorium on the issuance of building permits for construction in downtown (Ordinance 57-0-07, adopted June 11, 2007 by City Council, will expire on December 9, 2007). This extension is necessary to complete the legislative adoption of the Evanston Downtown Plan Update, which is currently in draft form and under consideration by the Plan Commission. A 95-day extension of the current moratorium would expire March 8, 2008 and provide adequate time to prepare and adopt appropriate development controls for the Downtown Plan area. Alderman Hansen moved that Ordinance 103-0-07 be marked introduced. Alderman Hansen reported there was a 4-4 tie vote at the P&D Committee meeting. Alderman Hansen moved to Suspend the Rules in order to adopt an ordinance at the same meeting at which it was introduced. Seconded by Alderman Moran. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried. (8-0). Alderman Hansen moved approval of Ordinance 103-0-07. Seconded by Alderman Moran. Mayor Morton asked why the moratorium was passed. Community Development Director James Wolinski stated the downtown moratorium was a reference from Alderman Holmes in June to conform with two moratoriums involving planning efforts on Central Street and the West Side. While going through the public hearings at the Plan Commission, there were moratoriums on new construction in both areas. The downtown moratorium was an extension of Council policy. Mr. Wolinski explained there were consultant studies for Central Street and the West Evanston TIF area for a master plan. It was the consensus of Council that new projects could not be brought forward while these areas were under discussion. The downtown plan was under discussion by the Plan Commission, so a moratorium was proposed as the downtown was being studied. This moratorium ends December 9 and the plan is not completed. He asked the P&D Committee at the last meeting about extending the moratorium and a majority wanted to extend it. Alderman Bernstein explained this moratorium was for 180 days. He was against it because it is unnecessary. The moratorium only calls for no issuance of building permits. In the City's system, the building permit is issued only after a zoning analysis, which takes a month or two. If there any zoning change is requested, that takes time because it has to go through the Plan Commission. If they abate the moratorium on December 9, only building as of right could go forward. Mr. Wolinski stated the moratorium was for all construction downtown with three sites exempted. Alderman Bernstein stated that a rush to construction would not happen. The Plan Commission is busier than the Council these days. Anybody who wants to put up a tower can only do so after the planning process ends. His constituents wanted him to vote for the moratorium to stop the 49-story building. Portions of the proposed plan include buildings of 2, 6, 8 and up to 42 stories. First Assistant Corporation Counsel Herb Hill suggested that Council extend the moratorium until December 11, which would enable the entire Council to consider it on December 10 and vote. Alderman Holmes confirmed her ,suggestion of the moratorium was to be consistent and that Council had no clear understanding of what being "in the pipeline" meant. E5 6 November 26, 2007 Alderman Moran moved to amend the motion to extend the moratorium to December 11. The motion was seconded. Roll call. Voting aye - Wynne, Holmes, Moran, Tisdahl, Hansen, Wollin. Voting nay — Bernstein, Rainey. Motion carried (6-2) Mr. Hill read Council Rule 22.1 in response to questions about reconsideration of suspending the rules. CALL OF THE WARDS: 3rd Ward. Alderman Wynne congratulated Debbie Hillman who had just received the Evanston Environmental Association's Omahundro Award for 2007. An exemplary citizen of Evanston, she has run a landscaping business from her bicycle; is an active member of the Network for Evanston's Future; board member of Evanston's Land Connection and spearheaded the Talking Farm. Ms. Hillman has gotten legislation passed in the state legislature to improve the connection between local farms/markets and well deserves this award. Mayor Morton noted that Debbie Hillman has long served the community. 4th Ward. Alderman Bernstein also congratulated Debbie Hillman, who has been a constant in Evanston -- a great person who has done great things. He learned that evening that Captain Patrick Dillon just had quadruple bypass surgery at Swedish Covenant Hospital. 51h Ward. Alderman Holmes added her congratulations to Debbie Hillman. She has had a relationship with her since 1979, when Ms. Hillman was a young parent. In the summer at the A&P W Committee, Alderman Holmes had requested information on renovation of Fountain Square. She asked for a written update and wished to report to veterans. 61h Ward. Alderman Moran expressed sadness that Cafe Luciano on Green Bay Road is closing. 8`h Ward. Alderman Rainey said that when Debbie Hillman talks, she listens. Alderman Rainey reported that the Tasty Sub property at Howard/Custer (Darren in Chicago) is scheduled to be redeveloped. The 8d' Ward will host a bus at Custer/Brummel to take residents to a meeting at Pottawatomie Field House to discuss zoning issues. Alderman Joe Moore (Chicago) will conduct the meeting regarding neighborhood reactions to the redevelopment and plans for the property will be presented. Alderman Rainey received a call from a member of AFSCME this week trashing St. Francis Hospital. Speaking to AFSCME members, she stated if they cannot organize employees at the hospital, admit that they have lost. There is no need to trash the most important institution in south Evanston. AFSCME should spend its time thinking about ways to deliver health care to people. She asked City employees who are AFSCME members to back off. At 10:12 p.m. Alderman Bernstein moved that Council convene into an Executive Session to discuss matters related to personnel, litigation and closed session minutes pursuant to 5 Illinois Compiled Statutes 120/2 ( c) (1), (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. (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. S6 / November 26, 2007 The motion was seconded. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried. (8-0). There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 10:32 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. 1 1