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HomeMy WebLinkAboutMINUTES-2007-10-08-2007l0 CITY COUNCIL ROLL CALL — PRESENT: A Quorum was present. PRESIDING: EVq���O * * October 8, 2007 n .42 ca Alderman Hansen Alderman Bernstein Alderman Wollin Alderman Holmes Alderman Jean -Baptiste Alderman Moran Alderman Wynne Alderman Tisdahl Alderman Rainey Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton on Monday, October 8, 2007, at 8:30 p.m. in the Council Chamber. MAYORAL ANNOUNCEMENTS: Mayor Morton proclaimed October — Evanston Chapter of the United Way of the North Shore Month Marian Flynn of the Evanston Chapter of the United Way accepted the proclamation from Mayor Morton. Mayor Morton read a letter from Bob Werdan, Vice President of Marketing for Presbyterian Homes, which outlined the help their staff rendered to nearby neighbors after the severe August storm. He offered their assistance the next time something like this happens and included the names of people to contact at each facility. Mayor Morton reported that the City received a letter from the Illinois Arts Alliance announcing that Evanston was among the 2007 Illinois Arts Friendly Community Awards winners and was honored with the Presidents' Award. CITY MANAGER ANNOUNCEMENTS: Public Works Director David Jennings announced the collection of leaves and yard waste on street cleaning days through December 13. During this season residents are urged to use Kraft paper bags or yard -waste carts, compost on -site and not use plastic bags. Leaf blowers may be used through December 14. Leaves are not to be blown or raked into the streets. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Acceptance of Township Annual Audit; Ordinance 52-0-07 — Amending the Nuisance Premises Section of the City Code; Ordinance 81-0-07 — Amending the Indoor Clean Air Ordinance and Resolution 52-R-07 — 1817 Church. Seconded by Alderman Rainey. Roll call. Voting aye — Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey. Voting nay — none. Motion carried. (9-0). ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of September 24, 2007. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: * Approval, as recommended, City of Evanston payroll for the period ending October 4, 2007 and City of Evanston bills through October 9, 2007, authorized and charged to the proper accounts: 2 October 8, 2007 City of Evanston payroll (through 10/04/07) $2,296,610.92 City of Evanston bills (through 10/09/07) $3,781,370.75 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) *Approval of Change Orders # 1 and #2 to the contract with Scale Construction, (2101 South Carpenter Street, Chicago, IL) to provide additional services for the Evanston Water Utility Additions and Renovations Project in the total amount of $11,995. Approval of these change orders will increase the contract amount from $2,452,840 to $2,464,835. Funding provided by the Water Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) *Ordinance 92-0-07 Standards for the Construction of Facilities on the Risht-of-Wav - Consideration of proposed ordinance 92-0-07 by which the City Council would add a new chapter, Chapter 17, to Title 7 of the City Code to establish standards for the construction of facilities on the right-of-way. * MARKED INTRODUCED — CONSENT AGENDA Alderman Rainey moved to Suspend the Rules in order to adopt an ordinance at the same meeting at which it was introduced. Seconded by Alderman Tisdahl. Motion carried. No nays. Alderman Rainey moved adoption or Ordinance 92-0-07. The motion was seconded. Alderman Rainey reported this came by way of state statute, The Cable and Video Competition Law, which opens up communities for competition among cable providers and provides for uniform standards for use of the right-of-way. Roll call. Voting aye — Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey. Voting nay — none. Motion carried. (9-0). *Ordinance 93-0-07 Cable and Video Service Provider and PEG Fees - Consideration of proposed ordinance 93-0-07 amending the City Code by enacting a new Title 3, Chapter 34, Cable and Video Service Provider and PEG Fees. * MARKED INTRODUCED — CONSENT AGENDA. Alderman Rainey moved to Suspend the Rules in order to adopt an ordinance at the same meeting at which it was introduced. Seconded by Alderman Jean -Baptiste. Motion carried unanimouslv. Alderman Rainey moved adoption of Ordinance 93-0-07. Seconded by Alderman Holmes. Alderman Rainey explained that in addition to Comcast they can have other providers. This ordinance requires the payment of 1 % for PEG fees and a service fee of 5% of net revenues (same as Comcast currently pays). Roll call. Voting aye — Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey. Voting nay — none. Motion carried. (9-0). *Ordinance 94-0-07 - Cable and Video Service Customer Protection Standards - Consideration of proposed Ordinance 94-0-07, which amends the City Code to enact a new Title 3, Chapter35, Cable and Video Service Customer Protection Standards. * MARKED INTRODUCED — CONSENT AGENDA. Alderman Rainey moved to Suspend the Rules in order to adopt an ordinance at the same meeting at which it was introduced. Seconded by Alderman Wynne. Motion carried unanimouslv. Alderman Rainey moved adoption of Ordinance 94-0-07. Seconded by Alderman Wynne. Alderman Rainey explained this ordinance is a result of the Cable and Video Service Customer Protection Law 2007, which provides for penalties of $750 for each violation and a maximum of $25,000 for material breach per customer. 12, 3 October 8, 2007 Roll call. Voting aye —Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdabl, Rainey. Voting nay — none. Motion carried. (9-0). * Ordinance 89-0-07 — Pronosed Chanee in Parkine Meter Zone to Allow Overnight Parking in Citv Lot #47 — Consideration of proposed Ordinance 89-0-07, introduced September 24, 2007, for a change in the Parking Meter Zone Ordinance to allow overnight parking in City Lot #47 at 1000 Grove St. (YMCA south lot). * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0). PLANNING & DEVELOPMENT: * Request for HOME Funds from HODC for $194.396 to Rehab 1929 Jackson into Two Affordable, Home Ownership Units - Consideration of the recommendation from the Housing Commission for approval of the proposal from Housing Opportunity Development Corporation (HODC), introduced September 24, 2007, to rehab and remodel two units at 1929 Jackson and convert them to condominiums for sale to low income homebuyers for less than $140,000. Additional information is transmitted. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-01 *Plat of Subdivision for 1613 Church St./Church Street Village - Consideration of the recommendation from Site Plan & Appearance Review Committee to approve a plat of subdivision at 1613 Church Street for Cyrus Homes. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 78-0-07 — Amends Section 4-2-2 of the Cite Code to Prohibit Windowless Sleeping Rooms in New Construction — Consideration of proposed Ordinance 78-0-07, introduced on September 24, 2007, which would amend Section 4-2-2 of the City Code, from a reference from Alderman Wynne to eliminate windowless habitable sleeping spaces in new construction. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0). * Ordinance 90-0-07 — Extends the Moratorium for New Construction on Central St. from Ashland to. 2200 Central for 120 Days - Consideration of a request from Alderman Tisdahl, introduced on September 24, 2007, to extend the moratorium on new construction on Central St. for another 120 days. The current moratorium, Ordinance 62-0-05, expires October 12, 2007. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0). * Ordinance 91-0-07 - Extends the Moratorium for New Construction on Green Bav Road from Isabella to Lincoln for 120 Days - Consideration of a request from Alderman Tisdahl, introduced on September 24, 2007, to extend the moratorium on new construction on Green Bay Road for another 120 days. The current moratorium, Ordinance 34-0-07, will expire October 12, 2007. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0). HUMAN SERVICES COMMITTEE: * Approval of September 2007 Township Monthlv Bills — Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of September 2007 in the amount of $125,345.60. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) APPOINTMENTS: * Mayor Morton asked that the following Appointments be introduced: Arts Council Shannon Epplett Arts Council Dr. Marie Alatalo Civil Service Commission Justin Moore Civil Service Commission Michelle Murray 4 October 8, 2007 Commission on Aging Jacquelin A. Cody Commission on Aging Martin Egelston Energy Commission David Grumman Environment Board Susan Besson Human Relations Commission Joan Raisner Human Relations Commission Eleanor Rodger Ladd Arboretum Committee Daniel T. Pyne Plan Commission Sara J. McMurray Preservation Commission Suzanne Farrand Public Art Committee Joshua Barney Public Art Committee David Forte * Mayor Morton asked that the following Reappointments be introduced: Commission on Aging Louis J. Weathers Library Board Ellen Schrodt Mental Health Board Anne Gauthier Preservation Commission Jordan M. Cramer Preservation Commission Ann Calhoun Dienner Preservation Commission -M. Emily Williams Guthrie Zoning Board of Appeals Robert A. Creamer * APPROVED — CONSENT AGENDA. REPORT OF THE STANDING COMMITTEES HUMAN SERVICES COMMITTEE: Acceptance of Township Annual Audit - Consideration of a recommendation that the City Council acting as Township Trustees accept the results of the Year Ended March 31, 2007 Financial Audit of Evanston Township. Alderman Moran moved acceptance of the Township Annual Audit. Seconded by Alderman Holmes. Alderman Rainey reported the auditor indicated a primary concern was that the Township did not have an accountant on staff with the qualifications to meet current requirements. Because thousands of dollars are spent by the Township, she asked Trustees to address this. She noted there is a position at the Township called Accounting Manager. Alderman Bernstein reported this was addressed with Township Supervisor Vance. The law changed recently. Historically, certification was not required. A new statute mandates the accountant meet certain standards. Ms. Vance will provide a certified accountant. The auditor stated as there was no one on staff to prepare the numbers, they prepared them. Trustees questioned whether it was appropriate to prepare and audit the report. Because the Township provided the numbers, the auditor thought it was okay. Staff proposed that the Trustees review another auditor (same auditor as the City). They discussed this with the current auditor, who has a four-year contract. It was okay to make a change. Voice vote. motion carried unanimouslv. Ordinance 52-0-07 — Amends the Nuisance Premises Section of the Citv Code - Consideration of Ordinance 52-0-07, introduced on September 24, 2007, whereby the City Council would amend Section 9-5-4 of the City Code to add violations enforceable under the city's Nuisance Premises Ordinance and clarify the standards for ordinance enforcement. Alderman Moran moved approval of Ordinance 52-0-07. Seconded by Alderman Holmes. J� 5 October 8, 2007 Alderman Rainey suggested violations of the Zoning Code be added; described a building in the 80' Ward in which people have lived in an illegal basement apartment for five years with many visits to court about it. Alderman Rainey moved they add "w. Zoning Violations." Seconded by Alderman Bernstein. Alderman Moran noted there could be minor violations they may not want to capture because the penalties are severe. Alderman Rainey reminded them that the International Property Maintenance Code is listed there and someone could refer to a fleck of peeling paint on a gutter. She thought a zoning violation usually was not a small matter. She described a situation of illegal basement use in the 8`h Ward. Alderman Jean -Baptiste suggested they identify whether there are persistent violations, so that after say three violations of the same infraction it would be a nuisance premises. Alderman Rainey argued there was one zoning violation for five years. Alderman Wynne said the ordinance is discretionary. Voice vote on the amendment. Motion carried unanimouslv. Roll call. Voting aye — Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey. Voting nay — none. Motion carried. (9-0). Ordinance 81-0-07 — Amends the Indoor Clean Air Ordinance, — Consideration of Ordinance 81-0-07, introduced on September 24, 2007, whereby the City Council would amend Title 8, Chapter 21, various sections of the City Code to reflect recently enacted state indoor clean air legislation. Alderman Hansen moved to amend SECTION 6 as follows: "Smoking is prohibited within twenty five feet (25 ) of any entrances, exits, windows that open, ventilation intakes, or other means by which smoke may infiltrate into an enclosed area in which smoking is prohibited." The motion was seconded. Motion carried unanimouslv. Alderman Hansen moved to amend SECTION 7, Section 8-21-9 to read as follows: "No individual maybe discriminated against in any manner because of the exercise of any rights afforded by this act." Seconded by Alderman Rainey. Motion carried unanimouslv. Alderman Hansen moved to amend 8-21-14 and 8-21-15 to remove the word "act" and substitute the word "chapter." The motion was seconded. Motion carried unanimously. Alderman Hansen moved approval of Ordinance 81-0-07 as amended. The motion was seconded. Alderman Tisdahl asked if this included nursing homes or care facilities that want to keep smoking because it makes some patients feel better. Alderman Hansen stated it does not change anything that the ordinance already regulates. Nursing homes are not part of this ordinance and are not being added. Alderman Bernstein noted on page three of the ordinance, under Health Care Facility specifically excludes licensed long- term care facilities; on page five under 8-21-7 (A) health care facilities are exempted. If they allow smoking in long-term care facilities, as he understood it, many of his constituents live at Albany Care and Greenwood Care, the ordinance requires they request in writing that they be placed in a smoking or non-smoking room. It pre -supposes competency to make this determination. He recalled excluding Greenwood Care and Albany Care from this because these people only have smoking and he did not want to take it away from them; thought the state law takes away smoking from these people. Historically, municipalities can be more restrictive than the state, not less restrictive. There is a case not to put an unreasonable burden on persons who cannot come forward. Health & Human Services Director Jay Terry stated that the state law prohibits smoking in long-term care facilities. His understanding is that the City cannot have a local ordinance that is weaker than the state ordinance. However, there is evidence that the legislative intent was not to enact what they enacted as it relates to long-term care facilities. Consequently, the Director of the Illinois Department of Public Health has advised that enforcement of that particular part of the law will be suspended until the legislature clarifies its intent. Local enforcement would be what has always been standard practice. 15 6 October 8, 2007 Alderman Bernstein thought it poor practice to pass a law that is not going to be enforced. Alderman Bernstein moved to replace the last sentence which is proposed to be eliminated under HEALTH CARE FACILITY on page three and eliminate paragraph (E) on page 6. Seconded by Alderman Wynne. Motion carried unanimouslv. Alderman Moran approval of Ordinance 81-0-07 as amended. Seconded by Alderman Bernstein. Roll call. Voting aye — Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey. Voting nay — none. Motion carried. (9-0). OTHER COMMITTEES: Resolution 52-R-07 - 1817 Church - Consideration of proposed Resolution 52-R-07, which would initiate action to recover the property at 1817 Church Street that was deeded to the Evanston Westside Citizens District Council, Inc. in May 2001. Alderman Jean -Baptiste moved that Resolution 52-R-07 - 1817 Church be held over. Seconded by Alderman Holmes. At the reauest of two aldermen this item will be held. CALL OF THE WARDS: 9`h Ward. Alderman Hansen thanked fellow aldermen for amending the Clean Air Ordinance and credited constituent Kathleen Flaherty, who convinced her that the amendments should be in the ordinance. She and her family attended the ribbon cutting for the new public art at Sherman Plaza, which was lots of fun. The Mayor did a wonderful job and introduced the artist, Takashi Soga. 0 Ward. Alderman Wollin said the ribbon cutting was a wonderful event and the sculpture a great piece of art. She noted on October 3 Mather LifeWays had a ground -breaking ceremony for the first of two buildings with many excited residents present. 2nd Ward. Alderman Jean -Baptiste made a reference to the Citv Manager reeardine an article in this week's Nation's Cities. about Denver and Baltimore adontine_ the National Leae_ ue of Cities platform for strenethenine families and what might help Evanston. 4'h Ward. Alderman Bernstein found it egregious when somebody throws out a lighted cigarette out and asked the City Manager to add this as a specific exclusion in the littering ordinance. He announced his absence at the next Council meeting. Alderman Bernstein noted that Mayor Lorraine Hairston Morton would be honored on October 25 not only for being Evanston's Mayor, but as an educator, school principal, alderman, and community activist. He can not be present and offered congratulations to her. 5`' Ward. Alderman Holmes stated that on October 25, they all were "going to dig Lorraine." She invited all on Thursday to West Side Story Three to "Now We're Cooking" at 5:30 p.m. at1601 Payne Street. The event is being presented by the Hill Group and the Evanston Chamber of Commerce. At 7:00 p.m. they will move to Boocoo at Church and Dodge for a town hall meeting on how to create community. 61h Ward. Alderman Moran saw the new sculpture at Sherman Plaza, thought it was "cool" and one more example of how to create a buzz about Evanston. Public art brings major benefits to the City and he hoped they continue to support public art aggressively. /(::P 7 October 8, 2007 In reference to the letter from Presbyterian Homes read by Mayor Morton, he found the generous gesture a reiteration of what he has known for a long time. Presbyterian Homes is the ultimate generous corporate citizen. Any time help or a facility is needed, Presbyterian Homes is always first to volunteer. 71h Ward. Alderman Tisdahl noted the new public art is wonderful but is not the only thing that caused a buzz in Evanston. She referred to the Green Festival at the Ecology Center, which drew some 500 people Saturday. Carolyn Callopy and staff did a wonderful job. People are interested in the environment. She congratulated all who participated. (Mayor Morton was not present due to the funeral of Janice Jones.) Bch Ward. Alderman Rainey praised Johnson Paving for the spectacular job they did of paving streets in her ward. One resident, who lives on Wesley and was skeptical initially, was pleased with the paving of his concrete street. Alderman Rainey noted the installation of the public art at Sherman Plaza was beautiful and people sat all over to view it. Afterwards they went to Pete Miller's and it was standing room only and no smoking. Business is good without smoking. When Mayor Morton read the letter from Presbyterian Homes, Alderman Rainey thought what a fabulous non -for -profit entity it is. Mayor Morton described meeting a couple who had lived here only three weeks and told her how much they enjoyed the ceremony for the new sculpture at Sherman Plaza. There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 9:30 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